State
California Regulations
TITLE 22. SOCIAL SECURITY DIVISION 4.5. ENVIRONMENTAL HEALTH STANDARDS FOR THE MANAGEMENT OF HAZARDOUS WASTE

database is current through 09/29/06, Register 2006, No. 39

s 66001. Accidental Occurrence.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66001.5. Active Portion.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66002. Acute Aquatic 96-Hour LC sub50.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66004. Acute Dermal LD sub50.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66005. Acute Inhalation LC subLO.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66006. Acute Inhalation LC sub50.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66007. Acute LD subLO.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66008. Acute Oral LD sub50.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66010. Acute Toxicity.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66011. Applicant.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Section 25165, Health and Safety Code. 
  
 



s 66011.1. Aquifer.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66011.2. Assets.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66011.3. Authorized Representative.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66012. Bioaccumulative Toxic Substance.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66013. Bodily Injury.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66015. Cargo Tank.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163(d), 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66015.5. Certification.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66016. Chemical Toilet.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 66020. Chemical Toilet Additive.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 66024. Chemical Toilet Waste.
 
  Note:    Authority cited: section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 66026. Chronic Toxicity.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66027. Closed Portion.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66027.6. Closure Plan.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66027.8. Confined Aquifer.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66027.9. Constituent.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66028. Container.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25123, 25123.5, 25163(d), 5167.3, 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66032. Corrosive.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66033. Contingency Plan.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66036. Covered Container.
 
 



s 66038. Current Assets.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66038.2. Current Closure Cost Estimate.
 
  Note: Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66038.4. Current Liabilities.
 
  Note:    Authority cited: section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66038.6. Current Post-Closure Cost Estimate.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66038.9. Decontaminate.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66040. Dike.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66041. Discharge.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66042. Disposal.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66044. Disposal Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code.Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66048. Elementary Neutralization Unit.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66049. End-User.
 
  Note:    Authority cited: Sections 208, 25150 and 25159.5, Health and Safety Code. Reference: Sections 25159.5 and 25170, Health and Safety Code. 
  
 



s 66050. Environmental Protection Agency (EPA) Identification Number.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66052. Disposal Site.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66056. Existing Hazardous Waste Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66058. Existing Portion.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66060. Extremely Hazardous Material.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66070. Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66071. Fine Powder.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25170, Health and Safety Code. 
  
 



s 66074. Freeboard.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66076. Free Liquids.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66078. Generator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66079. Ground Water.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66080. Hauler.
Note:    Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
 



s 66084. Hazardous Material.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Sections 25117 and 25141, Health and Safety Code. 
  
 



s 66088. Hazardous Waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66092. Hazardous Waste Area.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66096. Hazardous Waste Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66099. Hazardous Waste Facility Permit.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66100. Hazardous Waste Facility Permit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66104. Hazardous Waste Manifest.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66106. Highway.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Section 25169.1(b), Health and Safety Code. 
  
 



s 66107. Ignitable.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66108. In Operation.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66109. Inactive Portion.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66110. Incinerator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66111. Incompatible Waste.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66112. Independently Audited.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66113. Injection Well.
 
  Note:    Authority cited: Section 208, Health and safety Code. Reference:  Sections 25159 and 25159.5, Health and safety Code. 
  
 



s 66114. Inner Liner.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66115. Interim Status.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66116. International Shipment.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66120. Irritant.
 
  Note:    Authority and reference cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66122. Land Disposal Method.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66123. Landfill.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66124. Landfill cell.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66125. Land Treatment Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66126. Leachate.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66127. Legal Defense Costs.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66128. Liabilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66129. Liner.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66129.5. Load.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: section 25150, Health and Safety Code. 
  
 



s 66130. Management.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66131. Manifest.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66131.4. Manifest Document Number.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66132. Manifest.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66133. Movement.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66134. Net Working Capital.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66134.5. Net Worth.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66134.8. New Hazardous Waste Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66135. Nonsudden Accidental Occurrence.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66136. Off-Site Hazardous Waste Facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66140. On-Site Hazardous Waste Facility.
 
  Note:    Authority cited, Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66142. Open Burning.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66144. Operator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66146. Owner.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66148. Operation Plan.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66150. Parent Corporation.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66151. Part A of Permit Application.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66151.1. Part B of Permit Application.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66152. Partial Closure.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66154. Permitted Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66156. Persistent Toxic Substance.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66158. Personnel.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66160. Pile.
 
  Note:    Authority cited: section 208, Health and Safety code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66162. Point Source.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66163. Post-Closure Plan.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66164. Producer.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66165. Property Damage.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66166. Publicly Owned Treatment Works.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66168. Reactive.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66172. Recyclable Hazardous waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66174. Recycle.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66176. Registered Hazardous Waste Transporter.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150 and 25163, Health and Safety Code. 
  
 



s 66178. Representative Sample.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66180. Resource Recovery.
 
  Note:    Authority cited: Section 25150, Health and Safety Code. Reference:  Sections 25170.5 and 25175, Health and Safety Code. 
  
 



s 66181. Resource Recovery Facility.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25170, Health and Safety Code. 
  
 



s 66184. Reuse.
 
  Note:    Authority cited: sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66186. Run-Off.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66187. Run-On.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66188. Salvaging.
 
  Note:    Authority cited: sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66189. Saturated Zone.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66189.5. Scrap Metal.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25170, Health and Safety Code. 
  
 



s 66190. Semitrailer.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163 (d), 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66190.2. Series 'A' Resource Recovery Facility Permit.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25170 and 25201, Health and Safety Code. 
  
 



s 66190.4. Series B Resource Recovery Facility Permit.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25170 and 25201, Health and Safety Code. 
  
 



s 66190.6. Series C Resource Recovery Facility Permit.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25170 and 25201, Health and Safety Code. 
  
 



s 66191. Sharps.
 
  Note:    Authority cited: Sections 208, 25150 and 25157.3, Health and Safety Code. Reference: Sections 25117 and 25117.5, Health and Safety Code. 
  
 



s 66193. Sludge.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66194. Soluble Threshold Limit Concentration.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66195. Special Waste.
 
  Note:    Authority cited: Sections 208, 25141, 25143 and 25150, Health and Safety Code. Reference: Sections 25117 and 25143, Health and Safety Code. 
  
 



s 66196. Spill.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66199. Sudden Accidental Occurrence.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66200. Surface Impoundment
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66201. Surplus Material.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25170, Health and Safety Code. 
  
 



s 66202. Tangible Net Worth.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66203. Tank.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66204. Thermal Treatment.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66206. Total Threshold Limit Concentration.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66208. Totally Enclosed Treatment Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66209. Toxicity Concentration Leaching Procedure or TCLP.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25159.6, Health and Safety Code. 
  
 



s 66210. Trailer.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163(d), 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66212. Transfer Station.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150, 25154, 25159, 25159.5 and 25201, Health and Safety Code. 
  
 



s 66213. Transport Vehicle.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66213.2. Transportable Treatment Units.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150 and 25200.2, Health and Safety Code. 
  
 



s 66213.5. Transportation.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66214. Transporter.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66216. Treatment.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66218. Treatment Zone.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66220. Treatment Facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66222. Truck.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163(d), 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66224. Underground Injection.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66225. Unsaturated Zone.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66225.5. Uppermost Aquifer.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66226. Vacuum Tank.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163(d), 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66228. Variance.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66230. Vehicle.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163(d), 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66232. Vessel.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66234. Wastewater Treatment Unit.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66236. Water Reactive.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66238. Water Bulk Shipment.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66240. Well.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66250. General Provisions.
The Political Reform Act of 1974 (Government Code section 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (FPPC) has adopted regulations (Title 2, California Code of Regulations section 18730 et seq.) which contain the terms of a standard conflict of interest code and which can be incorporated by reference into another agency's code. After public notice and hearing, section 18730 et seq. may be amended by the FPPC to conform to amendments in the Political Reform Act. The terms of section 18730 and any amendments to it duly adopted by the FPPC are hereby incorporated by reference. This section and the following sections, which specify all the terms and procedures for a model conflict of interest code and set forth the conditions under which designated employees must disqualify themselves from influencing governmental decisions, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Department of Toxic Substances Control (Department).
Designated employees shall file statements of economic interest by using instructions and forms prescribed by the FPPC with the person designated to perform this function for the Department. The original statement by the Director of the Department shall be sent to the FPPC and a copy retained by the Department's filing officer along with all other such statements.
 
  Note: Authority cited: Section 87300, Government Code. Reference:  Sections 87300, 87302, 87306 and 87311, Government Code. 
  
 



s 66250.1. Disclosure Categories.
Category 1
Designated employees in this category must disclose, pursuant to instructions and forms prescribed by the FPPC, the following:
(a) All investments and sources of income, including gifts, loans and travel payments, from business or nonprofit entities that do business or receive income from any source within the State of California.
(b) All interests in real property in California.
(c) Any positions held in business entities that do business or receive income from any source within the State of California.
Category 2
Designated employees in this category must disclose, pursuant to instructions and forms prescribed by the FPPC, the following:
(a) All investments in business entities whose activities are subject to regulation or oversight by the Department or that contract, or are the type that contract, with the Department to provide services, supplies, materials, machinery or equipment.
(b) All interests in real property in California that are owned or operated by a business or nonprofit entity with activities subject to regulation or oversight by the Department or any real property within 2,000 feet of such property.
(c) Any positions held in business entities whose activities are subject to regulation or oversight by the Department or that contract, or are of the type that contract, with the Department to provide services, supplies, materials, machinery or equipment and income from those sources.
(d) All sources of income, including gifts, loans and travel payments, from business or nonprofit entities whose activities are subject to regulation or oversight by the Department or that contract, or are of the type that contract, with the Department to provide services, supplies, materials, machinery or equipment.
Category 3
Designated employees in this category must disclose, pursuant to instructions and forms prescribed by the FPPC, the following:
(a) Any positions held in business entities that contract, or are of the type that contract, with the Department to provide services, supplies, materials, machinery or equipment.
(b) Any source of income, including gifts, loans and travel payments, and investment in business entities that contract, or are of the type that contract, with the Department to provide services, supplies, materials, machinery or equipment.
 
  Note: Authority cited: Section 87300, Government Code. Reference:  Sections 87300, 87302, 87306 and 87311, Government Code. 
  
 



s 66250.2. Employee Designations.
Designated Employees        Assigned
          Disclosure
By Positions        Categories
Accounting Administrators (All Levels)        2
Air Pollution Specialists        2
Assistant Chief Counsels        2
Assistant Laboratory Chief, Public Health Laboratory        2
Associate Budget Analysts        2
Associate Governmental Program Analysts (except in Legislation)    3
Associate Governmental Program Analysts in the Office of        2
  Legislation
Associate Information Systems Analyst (Specialist)        3
Career Executive Assignments        2
Chemists (Staff and higher)        2
Chief, Hazardous Material Laboratory        2
Consultants*        2
Criminal Investigators (All Levels)        2
Data Processing Managers (All Levels)        3
Division Chiefs, DTSC        2
Engineering Geologists (All Levels)        2
Environmental Biochemists        2
Environmental Planners (Associate and higher)        2
Exempt Appointments        1
Hazardous Substances Engineers (All Levels)        2
Hazardous Substances Scientists (All Levels)        2
Health Program Audit Managers        2
Industrial Hygienists (Associate and higher)        2
Information Officers (I and higher)        2
Management Auditors (All Levels)        2
Programmer Analysts (All Levels)        3
Public Participation Specialists        2
Public Participation Supervisors        2
Records Management Analysts        3
Research Program Specialists II        2
Research Scientists (I and higher)        2
Staff Counsels (All Levels)        2
Staff Information Systems Analyst (All Levels)        3
Staff Services Analysts in the Office of Legislation        2
Staff Services Managers (All Levels)        2
Toxicologists (All Levels)        2
Training Officers I        3
 
____________ *With respect to consultants, the Director may determine in writing that a particular consultant, although in a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Director's determination is a public record and shall be retained for public inspection.
 
  Note: Authority cited: Section 87300, Government Code. Reference:  Sections 87300, 87302, 87306 and 87311, Government Code. 
  
 



s 66260.1. Purpose, Scope, and Applicability.
 (a) This chapter provides definitions of terms, general standards, and overview information applicable to this division.
(b) In this chapter:
(1) Section 66260.2 sets forth the rules that the Department will use in making information it receives available to the public and sets forth the requirements that generators, transporters, or owners or operators of treatment, storage, or disposal facilities must follow to assert claims of business confidentiality with respect to information that is submitted to the Department under this division.
(2) Section 66260.3 establishes rules of grammatical construction for this division.
(3) Section 66260.4 establishes a rule restricting local enforcement actions relating to the management of hazardous waste.
(4) Section 66260.5 sets forth processing times for specified Departmental actions.
(5) Section 66260.10 defines terms which are used in this division.
(6) Section 66260.11 lists references used in this division and a source for these documents.
(7) Section 66260.12 lists acronyms and abbreviations used in this division.
(8) Section 66260.21 establishes requirements and procedures for obtaining waivers to use alternative test methods or analytical methods for classifying non-RCRA hazardous waste and for obtaining the Department's concurrence for using alternative methods allowed by the USEPA Administrator per 40 CFR Section 260.21 for the analysis of RCRA hazardous waste.
(9) Section 66260.200 establishes procedures for obtaining the Department's concurrence on classification of a waste as hazardous or nonhazardous.
(10) Section 66260.210 establishes procedures and requirements for obtaining waivers from regulation for non-RCRA hazardous waste and non-RCRA regulated activities.
 
  Note: Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Section 25159.5, Health and Safety Code and 40 CFR Section 260.1. 
  
 



s 66260.2. Availability of Information; Confidentiality of Information.
 (a) Any information provided to the Department pursuant to this division will be made available to the public to the extent and in the manner authorized by section 3007(b) of RCRA and the California Public Records Act (Government Code section 6250 et seq.), and EPA regulations set forth in 40 CFR Part 2, as applicable.
(b) Any person who submits information to the Department in accordance with  40 CFR Parts 260 through Part 266 and Part 268 or chapters 10 through 16 and chapter 18 of this division may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in 40 CFR section 2.203(b). Information covered by such a claim will be disclosed by the USEPA or the Department only to the extent, and by means of the procedures, set forth in this division except that information required by 40 CFR section 262.53(a) and 40 CFR section 262.83 or section 66262.53(a) and section 66262.83 that is submitted in a notification of intent to export a hazardous waste will be provided to the U.S. Department of State and the appropriate authorities in the transit and receiving or importing countries regardless of any claims of confidentiality. However, if no such claim accompanies the information when it is received by the Department, it may be made available to the public without further notice to the person submitting it.
(c) Information covered by such a claim will be disclosed by the Department only to the extent, and by means of the procedures, set forth in Part 2, Subpart B, of 40 CFR except that information required by section 66262.53(a) which is submitted in notification of intent to export a hazardous waste pursuant to section 66262.53(a) will be provided to the U.S. Department of State and the appropriate authorities in a receiving country regardless of any claims of confidentiality.
 
  Note: Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Section 25159.5, Health and Safety Code and 40 CFR Section 260.2. 
  
 



s 66260.3. Use of Number.
As used in this division:
(a) Words in the singular include the plural; and
(b) Words in the plural include the singular.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Section 25159.5, Health and Safety Code and 40 CFR Section 260.3. 
  
 



s 66260.4. Local Agency Regulation of Hazardous Waste Facilities.
No local agency shall enforce any requirement, other than those in this division, which would impede interstate or intrastate transportation or disposal of hazardous waste or which would impede use of facilities for regional multi-county management of hazardous waste.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 66260.5. Processing Times Based on Actual Performance.
The Department's time periods for processing applications for specific Departmental actions based on actual performance for the two years immediately preceding proposal of this regulation are as follows:
(a) Hazardous waste hauler registration (section 66263.11):
(1) Median time: 60 days
(2) Minimum time: l day
(3) Maximum time: 180 days
(b) waste classification concurrence (section 66260.200) and Special waste classification (section 66261.124):
(1) Median time: 11 months
(2) Minimum time: 2 days
(3) Maximum time: 39 months
(c) Variances (section 66260.210):
(1) Median time: 60 days
(2) Minimum time: l day
(3) Maximum time: 1200 days.
 
  Note:    Authority cited: Section 15376, Government Code; and Sections 208 and 25150, Health and Safety Code. Reference: Section 15376, Government Code; and Sections 25141, 25143 and 25163, Health and Safety Code. 
  
 



s 66260.10. Definitions.
Additional definitions applicable to management of universal wastes are found in section 66273.9. When used in this division, the following terms have the meanings given below:
 "Aboveground tank" means a device meeting the definition of "tank" in section 66260.10 and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.
 "Accidental occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury, property damage or environmental degradation neither expected nor intended from the standpoint of the insured.
 "Accumulated speculatively" means that a material is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that, during the calendar year (commencing on January 1), the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the 75 percent requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under section 66261.4(c) are not to be included in making the calculation. (Materials that are already defined as wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however.
 "Active life" or "Operating life" of a facility means the period from the initial receipt of hazardous waste at the facility until the Department receives certification of final closure.
 "Active portion" means that portion of a facility where transfer, treatment, storage or disposal operations are being or have been conducted after November 19, 1980 and which is not a closed portion.
 "Activity" means any activity that is subject to regulation under this division.
 "Acute aquatic 96-hour LC 50" means the concentration of a substance or mixture of substances in water, in milligrams per liter, which produces death within 96 hours in half of a group of at least 10 test fish.
 "Acute dermal LD 50" means the dose of a substance or mixture of substances, in milligrams per kilogram of test animal body weight, which, when applied continuously to the bare skin for 24 hours, produces death within 14 days in half of a group of 10 or more rabbits.
 "Acute inhalation LC LO" means the lowest concentration of a substance or mixture of substances in air, other than acute inhalation LD 50  in parts per million by volume if the substance or mixture of substances is a gas or vapor, reported to have caused death in humans or animals.
 "Acute inhalation LC 50" means the concentration of a substance or mixture of substances in air, in parts per million by volume if the substance or mixture of substances is a gas or vapor, which when inhaled continuously for 8 hours by a group of 10 or more laboratory white rats, each weighing between 200 and 300 grams, produces death in half the group within 14 days.
 "Acute LD LO" means the lowest dose, other than an acute LD 50  of a substance or mixture of substances, in milligrams per kilogram body weight introduced orally or dermally over any given period of time in one or more divided portions and reported to have caused death in humans or animals.
 "Acute oral LD 50" means the dose of a substance or mixture of substances, in milligrams per kilogram of test animal body weight, which, when administered orally as a single dose, produces death within 14 days in half of a group of 10 or more laboratory white rats which have fasted for 24 hours immediately prior to administration of the dose, and which weigh between 200 and 300 grams each.
 "Acute toxicity" Means the ability of a substance or mixture of substances to cause injury, illness or damage to humans, animals or other living organisms by a single exposure of a duration measured in seconds, minutes, hours or days or, in the case of oral ingestion, by a single dose.
 "Acute hazardous waste" see "Acutely hazardous waste."
 "Acutely hazardous waste" or "Acute hazardous waste" means any hazardous waste classified as an acutely hazardous waste in article 4 of chapter 11 of this division.
 "Administrator" see "USEPA Administrator."
 "Affected medium" means any medium (e.g., ground water, surface water or the unsaturated zone) that has been affected by a release from a regulated unit.
For the purposes of chapters 14 and 15, "Air stripping operation" is a desorption operation employed to transfer one or more volatile components from a liquid mixture into a gas (air) either with or without the application of heat to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate towers are among the process configurations used for contacting the air and a liquid.
 "Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves and pumps, that is used to distribute, meter or control the flow of hazardous waste from its point of generation to a storage or treatment tank(s), between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal offsite.
 "Applicant" means a person who applies to the Department or to the USEPA for a permit, registration, certification or permission to take specified action, pursuant to the provisions of this division.
 "Application" means (a) the USEPA standard national forms for applying for a permit (Form EPA 8700-23, Revised 1/90) and the information required by the Department under sections 66270.14 through 66270.29 (contents of Part B of the application); or (b) the forms approved by the Department for applying for registration as a hazardous waste hauler. These forms are:
Form DTSC 187, revised 2/92: Hazardous Waste Hauler Application
Form DTSC 8025, revised 2/92: Application for Vehicle/container inspection
Form DTSC 8038, revised 2/93: Certificate of insurance
Form DHS 8430, revised 3/89: Disclosure Statement
 "Aquifer" means a geologic formation, group of formations or part of a formation capable of yielding a significant amount of ground water to wells or springs.
 "Assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity.
 "Authorized agency" means, in a jurisdiction where there is no CUPA, the agency authorized to continue its role, responsibilities and authority pursuant to section 25404.3 of the Health and Safety Code to implement and enforce the requirements identified in paragraph (1) of subdivision (c) of section 25404 of the Health and Safety Code. In those instances when the Department is the authorized agency, the Department is not limited from exercising any authority it otherwise has under the Health and Safety Code and Title 22 of the California Code of Regulations.
 "Authorized representative" means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.
 "Average volatile organic concentration" or "average VO concentration" means the mass-weighted average volatile organic concentration of a hazardous waste as determined in accordance with the requirements of section 66265.1084.
 "Background monitoring point" means a well, device or location specified in the facility permit at which monitoring for background water, soil, air or soil-vapor quality is conducted.
 "Bioaccumulative toxic substance" means a toxic substance that concentrates in living organisms through direct assimilation or food chain accumulation.
 "Bodily Injury" means (a) any injury that causes physical pain, illness or any impairment of physical condition; or (b) for the purposes of chapter 13 of this division, "bodily injury" means injury to the body, sickness or disease to any person, including death resulting from any of these.
 "Boiler" means an enclosed device using controlled flame combustion and having the following characteristics:
(a)(1) the unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids or heated gases; and
(2) the unit's combustion chamber and primary energy recovery section(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterfalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and
(3) while in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
(4) the unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or
(b) the unit is one which the USEPA Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in 40 CFR section 260.32.
 "Border zone property" means any property designated as border zone property pursuant to Health and Safety Code section 25229 which is within 2,000 feet of a significant disposal of hazardous waste, and the wastes so located are a significant existing or potential hazard to present or future public health or safety on the land in question.
For the purposes of chapters 14 and 15, "Bottoms receiver" means a container or tank used to receive and collect the heavier bottoms fractions of the distillation feed stream that remain in the liquid phase.
 "Buffer zone" means an area of land which surrounds a hazardous waste facility and on which certain land uses and activities are restricted to protect the public health and safety and the environment from existing or potential hazards caused by the migration of hazardous waste.
 "Bulk container" means any container or container-like vehicle, other than a vessel or a barge, with a capacity greater than 119 gallons (450 liters), which is used to transport hazardous waste(s), hazardous material(s), hazardous substance(s), or recyclable material(s) in bulk by air, highway, rail, or water, including, but not limited to, cargo tanks, vacuum trucks, roll-off bins, rail tank cars, and intermodal containers.
 "Bulking" means the process of consolidating various quantities of the same type of waste by placing them into a single, larger container.
 "Business" means the conduct of an activity and is not limited to a commercial or proprietary activity.
 "Business concern" means any sole proprietorship, corporation, association, firm, partnership, trust or other form of commercial organization.
 "By-product" is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.
 "Carbon regeneration unit" means any enclosed thermal treatment device used to regenerate spent activated carbon.
 "Cargo tank" means any tank permanently attached to, or a structural part of, a vehicle; or any bulk liquid or compressed gas packaging that is not permanently attached to a vehicle and by reason of its size, construction or method of attachment is filled or emptied without removal from the vehicle. The term does not include tanks that furnish fuel for propulsion of motor vehicle, or auxiliary equipment on which they are installed or any packaging fabricated to cylinder specifications.
 "Cathode ray tube" or "CRT" means a vacuum tube or picture tube used to convert an electrical signal into a visual image.
 "Certification" means a statement of professional opinion based upon knowledge and belief.
 "Certified Unified Program Agency (CUPA)" means the agency certified pursuant to the requirements of Chapter 6.11 and Title 27, CCR.
 "Chemical toilet" means any portable or permanently installed sanitation apparatus or system which utilizes a tank for toilet waste retention and into which a chemical toilet additive is added.
 "Chemical toilet additive" means any chemical substance, biological agent, other material or formulation thereof, which is employed for the primary purpose of controlling waste decomposition and odors in a chemical toilet holding tank or any tank in which chemical toilet wastes are held, collected or transported. The term "chemical toilet additive" includes, but is not limited to, a chemical substance, biological agent or other material which is a deodorant, bactericide, bacteriostat, microbiocide, chemical reactant, surfactant or enzymatic agent.
 "Chemical toilet waste" means the waste in or from a chemical toilet.
 "Chronic toxicity" means the ability of a substance or mixture of substances to cause injury, illness or damage to humans, animals or other living organisms by prolonged or repeated exposure or consumption over a period of days, weeks, months or years.
 "Class I Violation" means:
(a) a deviation from the requirements specified in Chapter 6.5 of Division 20 of the Health and Safety Code, or regulations, permit or interim status document conditions, standards, or requirements adopted pursuant to that chapter, that represents a significant threat to human health or safety or the environment, because of (1) the volume of the waste; (2) the relative hazard of the waste; or (3) the proximity of the population at risk, or that is significant enough that it could result in a failure to accomplish the following:
(A) Assure that hazardous wastes are destined for and delivered to an authorized hazardous waste facility;
(B) Prevent releases of hazardous waste or constituents to the environment during the active or post closure period of facility operation;
(C) Assure early detection of such releases;
(D) Assure adequate financial resources in the case of releases; or
(E) Assure adequate financial resources to pay for facility closure;
(F) Perform emergency clean-up operation or other corrective action for releases; or
(b) The deviation is a Class II violation which is a chronic violation or committed by a recalcitrant violator.
 "Class II Violation" means a deviation from the requirements specified in Chapter 6.5 of Division 20 of the Health and Safety Code, or regulations, permit or interim status document conditions standards, or requirements adopted pursuant to that chapter, that is not a Class I violation.
 "Closed portion" means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements and for which the Department has released the owner and operator from the financial assurance requirements for closure under section 66264.143(j) or section 66265.143(i).
For the purposes of chapters 14 and 15, "Closed-vent system" means a system that is not open to the atmosphere and that is composed of piping, connections, and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device.
 "Closure" means the act of closing a hazardous waste management facility or hazardous waste management unit to pursuant the requirements of chapters 14 and 15 of this division.
 "Closure device" means a cap, hatch, lid, plug, seal, valve, or other type of fitting that blocks an opening in a cover such that when the device is secured in the closed position it prevents or reduces air pollutant emissions to the atmosphere. Closure devices include devices that are detachable from the cover (e.g., a sampling port cap), manually operated (e.g., a hinged access lid or hatch), or automatically operated (e.g., a spring-loaded pressure relief valve).
 "Closure period" means the period during which a unit at a hazardous waste management facility is being closed according to an approved closure plan.
 "Closure plan" means the plan for closure prepared in accordance with section 66264.112 or section 66265.112.
 "Commence" means to receive the first delivery of waste.
 "Component" means any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function (e.g., a tank or ancillary equipment of a tank system, a pump seal, pump, kiln liner, kiln thermocouple).
 "Concentration limit" means the value for a constituent specified in the water quality protection standard or environmental protection standard including, but not limited to, values for concentration, temperature, pH, conductivity and resistivity.
For the purposes of chapters 14 and 15, "Condenser" means a heat-transfer device that reduces a thermodynamic fluid from its vapor phase to its liquid phase.
 "Confined aquifer" means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.
For the purposes of chapters 14 and 15, "Connector" means flanged, screwed, welded, or other joined fittings used to connect two pipelines or a pipeline and a piece of equipment. For the purposes of reporting and recordkeeping, connector means flanged fittings that are not covered by insulation or other materials that prevent location of the fittings.
 "Consignee" means the ultimate treatment, storage or disposal facility in a receiving country to which the hazardous waste will be sent.
 "Consignment state" or "Destination state" means the state to which the shipment is manifested. This definition takes effect on September 5, 2006.
 "Consolidated Manifest" means a hazardous waste manifest used by a milkrun or consolidated transporter to combine hazardous waste shipments from multiple generators on one consolidated manifest pursuant to the procedures in Health and Safety Code section 25160.2.
 "Consolidated Transporter" means a hazardous waste transporter registered pursuant to Health and Safety Code section 25165 and the regulations adopted by the Department who has notified the Department pursuant to Health and Safety Code section 25165 of its intent to use the consolidated manifesting procedures set forth in Health and Safety Code section 25160.2.
 "Constituents of concern" means any waste constituents, reaction products and hazardous constituents that are reasonably expected to be in or derived from waste contained in a regulated unit.
 "Container" means any device that is open or closed, and portable in which a material can be stored, handled, treated, transported, recycled or disposed of.
 "Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of article 29 of chapters 14 or 15 of this division.
 "Contingency plan" means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
For the purposes of chapters 14 and 15, "Continuous recorder" means a data-recording device recording an instantaneous data value at least once every 15 minutes.
 "Continuous seal" means a seal that forms a continuous closure that completely covers the space between the edge of the floating roof and the wall of a tank. A continuous seal may be a vapor-mounted seal, liquid-mounted seal, or metallic shoe seal. A continuous seal may be constructed of fastened segments so as to form a continuous seal.
 "Control chart" means a graphical method for evaluating whether a process is or is not in a state of statistical control.
For the purposes of chapters 14 and 15, "Control device" means an enclosed combustion device, vapor recovery system, or flare. Any device the primary function of which is the recovery or capture of solvents or other organics for use, reuse, or sale (e.g., a primary condenser on a solvent recovery unit) is not a control device.
For the purposes of chapters 14 and 15, "Control device shutdown" means the cessation of operation of a control device for any purpose.
 "Corrective action management unit" means an area within a facility that is designated by the Department under article 15.5 of chapter 14 of this division, for the purpose of implementing corrective action requirements under articles 6, 15.5, or 17 of chapter 14 of this division or article 18 of chapter 15 of this division, Health and Safety Code sections 25200.10 or 25187, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA section 3005 [Title 42, U.S.C., section 6925]. A corrective action management unit shall only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility.
 "Corrosion expert" means a person who, by reason of that person's knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.
 "Cover" means a device that provides a continuous barrier over the hazardous waste managed in a unit to prevent or reduce air pollutant emissions to the atmosphere. A cover may have openings (such as access hatches, sampling ports, gauge wells) that are necessary for operation, inspection, maintenance, and repair of the unit on which the cover is used. A cover may be a separate piece of equipment which can be detached and removed from the unit or a cover may be formed by structural features permanently integrated into the design of the unit.
 "Covered container" means any container which is equipped with a cover or other device that will prevent the escape of a liquid or solid substance when closed.
 "Covered electronic device" has the same meaning as Public Resource Code section 42463(f)(1).
 "Covered electronic waste" has the same meaning as Public Resource Code section 42463(g).
 "Current assets" means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.
 "Current closure cost estimate" means the most recent of the estimates prepared in accordance with section 66264.142 or section 66265.142.
 "Current liabilities" means obligations for which liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.
 "Current plugging and abandonment cost estimate" means the most recent of estimates prepared in accordance with 40 CFR section 144.62(a), (b) and (c) incorporated by reference in section 66260.11 of this chapter.
 "Current postclosure cost estimate" means the most recent of the estimates prepared in accordance with section 66264.144 or section 66265.144.
 "Day" means a calendar day. Periods of time are calculated by excluding the first day and including the last. Except, if the last day is a Saturday, Sunday or other holiday specified in Government Code section 6700 it is also excluded.
 "Debris" means solid material exceeding a 60 mm particle size that is intended for disposal and that is: A manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in article 4 of chapter 18 of this division, namely lead acid batteries, cadmium batteries, and radioactive lead solids; process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75% of their original volume. A mixture of debris that has not been treated to the standards provided  by section 66268.45 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.
 "Decontaminate" means to make free of wastes that are hazardous pursuant to the criteria in chapter 11 of this division.
 "Department" means the Department of Toxic Substances Control.
 "Designated facility" means a hazardous waste transfer, treatment, storage, or disposal facility which has received a permit (or a facility with interim status) in accordance with the requirements of chapters 20 and 21 of this division, a permit from a State authorized in accordance with part 271 of title 40 CFR, or that is regulated under chapter 16 of this division, or has received a permit, a grant of interim status, or a variance to operate without a permit or grant of interim status from the Department, or is otherwise authorized by law to receive specific hazardous wastes, and that has been designated on the manifest by the generator pursuant to section 66262.20. This definition is repealed as of September 5, 2006.
 "Designated facility" means (1) a hazardous waste transfer, treatment, storage, or disposal facility which has received a permit (or a facility with interim status) in accordance with the requirements of chapters 20 and 21 of this division, or (2) has received a permit from a State authorized in accordance with part 271 of 40 Code of Federal Regulations, or (3) that is regulated under chapter 16 of this division, or (4) has received a permit, a grant of interim status, or a variance to operate without a permit or grant of interim status from the Department, or (5) is otherwise authorized by law to receive specific hazardous wastes, and (6) that has been designated on the manifest by the generator pursuant to section 66262.20. Designated facility also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with sections 66264.72 subsection (f) or 66265.72 subsection (f). If a waste is destined to a facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility shall be a facility allowed by the Receiving state to accept such waste. This definition takes effect on September 5, 2006.
 "Destination state" see "Consignment state". This definition takes effect on September 5, 2006.
 "Dike" means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids or other materials.
 "Director" means the State Department of Toxic Substances Control Director, or an authorized representative.
 "Discharge" or "hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous waste into or on any land or water.
 "Disclosure statement," as defined by Health and Safety Code section 25112.5, means the following:
(a) a statement submitted to the Department by an applicant, signed by the applicant under penalty of perjury, which includes all of the following information:
(1) the full name, any previous name or names, business address, social security number and driver's license number of all of the following:
(A) the applicant;
(B) any officers, directors or partners, if the applicant is a business concern;
(C) all persons or any officers, partners, or any directors if there are no officers, of business concerns holding more than five percent of the equity in, or debt liability of the applicant, except that if the debt liability is held by a lending institution, the applicant shall only supply the name and address of the lending institution;
(2) Except as provided in subdivision (b), the following persons listed on the disclosure statement shall properly submit completed fingerprint images and related identification information:
(A) the sole proprietor;
(B) the partners;
(C) all persons listed in subparagraph (C) of paragraph (1) and any officers or directors of the applicant company as required by the Department;
(3) if fingerprint images and related identification information are submitted for purposes of paragraph (2), the fingerprint images and related identification information shall be submitted for any person required by paragraph (2) only once. If there is a change in the person serving in a position for which fingerprint images and related identification information are required to be submitted pursuant to paragraph (2), fingerprint images and related identification information shall be captured and submitted for that person. Fingerprint images and the related identification information may be obtained using the Department of Justice's electronic fingerprint network.
(4) the full name and business address of any business concern which generates, transports, treats, stores, recycles, disposes of or handles hazardous waste and hazardous materials in which the applicant holds at least a five percent debt liability or equity interest;
(5) a description of any local, state, or federal licenses, permits, or registrations for the generation, transportation, treatment, storage, recycling, disposal or handling of hazardous waste or hazardous materials applied for, or possessed by the applicant, or by the applicant under any previous name or names, in the five years preceding the filing of the statement, or, if the applicant is a business concern, by the officers, directors, or partners of the business concern, including the name and address or the issuing agency;
(6) a listing and explanation of any final administrative orders or license revocations or suspensions issued or initiated by any local, state or federal authority, in the five years immediately preceding the filing of the statement, or any civil or criminal prosecutions filed in the five years immediately preceding, or pending at the time of, the filing of the statement, with any remedial actions or resolutions if applicable, relating to the generation, transportation, treatment, storage, recycling, disposal or handling of hazardous waste or hazardous materials received by the applicant, or by the applicant under any previous name or names, or, if the applicant is a business concern, by any officer, director or partner of the business concern;
(7) a listing of any agencies outside of the state which regulate, or had regulated, the applicant's, or the applicant's under any previous name or names, generation, transportation, treatment, storage, recycling, disposal or handling of hazardous waste or hazardous materials in the five years preceding the filing of the disclosure statement;
(8) a listing and explanation of any federal or state conviction, judgment, or settlement, in the five years immediately preceding the filing of the statement, with any remedial actions or resolutions if applicable, relating to the generation, transportation, treatment, storage, recycling, disposal or handling of hazardous waste or hazardous materials by the applicant, or by the applicant under any previous name or names, or if the applicant is a business concern, by any officer, director or partner of the business concern;
(9) a listing of all owners, officers, directors, trustees and partners of the applicant who have owned, or been an officer, director, trustee or partner of, any company which generated, transported, treated, stored, recycled, disposed of, or handled hazardous wastes or hazardous materials and which was the subject of any of the actions described in paragraphs (6) and (8) for the five years preceding the filing of the statement.
(b) Notwithstanding paragraph (2) of subdivision (a), a corporation, the stock of which is listed on a national securities exchange and registered under the Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a et seq.), or a subsidiary of such a corporation, is not subject to the fingerprint requirements of subdivision (a).
(c) In lieu of the statement specified in subdivision (a), a corporation, the stock of which is listed on a national securities exchange or on the National Market System of the NASDAQ Stock Market and registered under the Securities Exchange Act of 1934 (15 U.S.C. section 78a et seq.), or a subsidiary of such a corporation, may submit to the Department copies of all periodic reports, including, but not limited to, those reports required by Section 78m of title 15 of the United States Code and Part 229 (commencing with Section 229.10) of chapter II of title 17 of the Code of Federal Regulations that the corporation or subsidiary has filed with the Securities and Exchange Commission in the three years immediately preceding the submittal, if the corporation or subsidiary thereof has held a hazardous waste facility permit or operated a hazardous waste facility under interim status pursuant to Health and Safety Code section 25200 or 25200.5 since January 1, 1984.
 "Disposal" means:
(a) the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste or hazardous waste into or on any land or water so that such waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters;
(b) the abandonment of any waste.
 "Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term "disposal facility" does not include a corrective action management unit into which remediation wastes are placed.
 "Disposal site" means the location where any final deposition of hazardous waste occurs.
For the purposes of chapters 14 and 15, "Distillate receiver" means a container or tank used to receive and collect liquid material (condensed) from the overhead condenser of a distillation unit and from which the condensed liquid is pumped to larger storage tanks or other process units.
For the purposes of chapters 14 and 15, "Distillation operation" means an operation, either batch or continuous, separating one or more feed stream(s) into two or more exit streams, each exit stream having component concentrations different from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquid and vapor phase as they approach equilibrium within the distillation unit.
For the purposes of chapters 14 and 15, "Double block and bleed system" means two block valves connected in series with a bleed valve or line that can vent the line between the two block valves.
 "Draft permit" means a document prepared under section 66271.5 or 40 CFR section 124.6 indicating the Department's tentative decision to issue or deny, modify, revoke and reissue, terminate or reissue a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in section 66271.4, are types, of draft permits. A denial of a request for modification, revocation and reissuance, or termination, as discussed in section 66271.4 or 40 CFR section 124.5 is not a "draft permit." A proposed permit is not a draft permit.
 "Drip pad" means an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.
 "Elementary neutralization unit" means a device which:
(a) is used for neutralizing wastes which are hazardous wastes only because they exhibit the corrosivity characteristic defined in section 66261.22, or are listed in article 4 of chapter 11 of this division only for this reason; and,
(b) meets the definition of tank, tank system, container, transport vehicle or vessel in this section.
 "Emergency permit" means a permit issued in accordance with section 66270.61.
 "Enclosure" means a structure that surrounds a tank or container, captures organic vapors emitted from the tank or container, and vents the captured vapors through a closed-vent system to a control device.
 "End-user" means (a) any person who receives a hazardous waste from an unaffiliated third party and who intends to, or does, use or reuse that waste as:
(1) an ingredient in an industrial process to make a product, provided that distinct components of the material are not recovered as separate end products; or
(2) a substitute for a raw material in a process that uses raw materials as principal feedstocks; or
(3) a substitute for a commercial product in a particular function or application.
(b) "End-user" does not include:
(1) a person who receives a RCRA hazardous waste;
(2) a person who receives a hazardous waste from an unaffiliated third party and who intends to, or does, process that waste to recover usable products or regenerate that waste;
(3) a person managing a material that is not a waste pursuant to Health and Safety Code section 25143.2.
 "EPA Acknowledgment of Consent" means the cable sent to the USEPA from the U.S. Embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.
 "EPA hazardous waste number" means the number assigned to each hazardous waste listed in article 4 of chapter 11 of this division and to each characteristic identified in article 3 of chapter 11 of this division as an EPA hazardous waste number.
For the purposes of chapters 14 and 15, "Equipment" means each valve, pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, or flange or other connector, and any control devices or systems required by these regulations.
 "Equivalent method" means any testing or analytical method approved by the USEPA Administrator under 40 CFR sections 260.20 and 260.21 or by the Department under section 66260.21 of this division.
 "Existing component" see "Existing tank system."
 "Existing facility" see "Existing hazardous waste management facility."
 "Existing hazardous waste facility" see "Existing hazardous waste management facility."
 "Existing hazardous waste management (HWM) facility," "Existing hazardous waste facility," or "existing facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980 and for which a Part A permit application has been submitted to the Department or the USEPA. A facility has commenced construction if:
(a) the owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and either
(b)(1) a continuous onsite, physical construction program has begun; or
(2) the owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for physical construction of the facility to be completed within a reasonable time.
 "Existing portion" means:
(a) that land surface area of an existing facility, included in the original RCRA Part A permit application, on which wastes have been placed prior to February 2, 1985;
(b) for facilities that were not required to submit a RCRA permit application, that land surface area of an existing facility on which wastes have been placed prior to February 2, 1985.
 "Existing tank system" or "existing tank component" means a tank system or component that is used for the transfer, storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to the dates indicated below:
(a) July 14, 1986, for tanks containing RCRA hazardous wastes, unless:
(1) the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1,000 kg per month generator as defined in 40 CFR section 265.201, or
(2) the owner or operator is not subject to regulation in 40 CFR part 264 or part 265 pursuant to an exemption in 40 CFR section 264.1 or section 265.1;
(b) July 1, 1991 for:
(1) tanks containing only non-RCRA hazardous wastes, and
(2) tanks containing RCRA hazardous wastes, if:
(A) the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1,000 kg per month generator as defined in 40 CFR section 265.201, or
(B) the owner or operator is not subject to regulation in 40 CFR part 264 or part 265 pursuant to an exemption in 40 CFR section 264.1 or section 265.1, but the owner or operator is subject to the standards of article 10 of chapter 14 or article 10 of chapter 15 of this division.
 Installation will be considered to have commenced if the owner or operator has obtained all Federal, State and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either a continuous onsite physical construction or installation program has begun, or the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within a reasonable time.
 "External floating roof" means a pontoon-type or double-deck type cover that rests on the surface of the material managed in a tank with no fixed roof.
 "Extremely hazardous material" means a substance or combination of substances which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the substance or combination of substances because of its quantity, concentration or chemical characteristics.
 "Extremely hazardous waste" means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration or chemical characteristics.
 "Facility" see "Hazardous waste facility."
 "Facility mailing list" means the mailing list for a facility maintained by the Department in accordance with section 66271.9(c)(1)(D).
 "Facility personnel" see "Personnel."
 "Federal agency" means any department, agency or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office.
 "Federal, State and local approvals or permits necessary to begin physical construction" means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations or ordinances.
 "Final closure" means the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under chapters 14 and 15 of this division are no longer conducted at the facility unless subject to the provisions in section 66262.34.
 "Fine powder" means a metal in dry, solid form having a particle size smaller than 100 micrometers (0.004 inches) in diameter.
For the purposes of chapters 14 and 15, "First attempt at repair" means to take rapid action to maintain compliance with Section 66265.31, for the purpose of stopping or reducing leakage of organic material to the atmosphere using best practices.
 "Fixed roof" means a cover that is mounted on a unit in a stationary position and does not move with fluctuations in the level of the material managed in the unit.
 "Fixed Treatment Unit" means any equipment which performs a treatment as defined in this section and which is permanently stationed, or which is periodically assembled for use, at a single facility for the purpose of performing treatment, regardless of the period or frequency of treatment.
For the purposes of chapters 14 and 15, "Flame zone" means the portion of the combustion chamber in a boiler occupied by the flame envelope.
For the purposes of chapters 14 and 15, "Flow indicator" means a device that indicates whether gas flow is present in a vent stream.
 "Floating membrane cover" means a cover consisting of a synthetic flexible membrane material that rests upon and is supported by the hazardous waste being managed in a surface impoundment.
 "Floating roof" means a cover consisting of a double deck, pontoon single deck, or internal floating cover which rests upon and is supported by the material being contained, and is equipped with a continuous seal.
 "Food-chain crops" means tobacco, crops grown for human consumption and crops grown for feed for animals whose products are consumed by humans.
For the purposes of chapters 14 and 15, "Fractionation operation" means a distillation operation or method used to separate a mixture of several volatile components of different boiling points in successive stages, each stage removing from the mixture some proportion of one of the components.
 "Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure. Free liquids are determined by using the paint filter test (EPA Method No. 9095), as modified in section 66264.314(b) of this division.
 "Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.
 "Functionally equivalent component" means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.
 "Generator" or "Producer" means any person, by site, whose act or process produces hazardous waste identified or listed in chapter 11 of this division or whose act first causes a hazardous waste to become subject to regulation.
 "Generator state" means the state where the waste is generated and from which the shipment originates. This definition takes effect on September 5, 2006.
 "Groundwater" means water below the land surface in a zone of saturation.
 "Halogenated organic compounds" or "HOCs" means those compounds having a carbon-halogen bond which are listed under Appendix III or Appendix III-A to chapter 18 of this division.
 "Handling" means the transporting or transferring from one place to another, or pumping, processing, storing or packaging of hazardous waste, but does not include the handling of any substance before it becomes a waste.
 "Hard-piping" means pipe or tubing that is manufactured and properly installed in accordance with relevant standards and good engineering practices.
 "Hauler" means a transporter.
 "Hazardous Constituent" means:
(a) a constituent identified in Appendix VIII to chapter 11 of this division; or
(b) any other element, chemical compound, or mixture of compounds which is a component of a hazardous waste or leachate and which has a physical or chemical property that causes the waste or leachate to be identified as a hazardous waste.
 "Hazardous debris" means debris that contains a hazardous waste listed in article 4 of chapter 11 of this division, or that exhibits a characteristic of hazardous waste identified in article 3 of chapter 11. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification (i.e., from waste to hazardous debris) is not allowed under the dilution prohibition in section 66268.3 of this division.
 "Hazardous material" as defined in Health and Safety Code Section 25501 as applied in Chapter 6.95 of Division 20 of the Health and Safety Code.
 "Hazardous waste" means a hazardous waste as defined in section 66261.3 of this division. "Hazardous waste" includes extremely hazardous waste, acutely hazardous waste, RCRA hazardous waste, non-RCRA hazardous waste and special waste.
 "Hazardous waste constituent" means a constituent that caused the USEPA Administrator to list the hazardous waste in 40 CFR Part 261, Subpart D, or a constituent listed in Table 1 of 40 CFR section 261.24.
 "Hazardous waste discharge" see "discharge."
 "Hazardous waste facility," "hazardous waste management facility," "HW facility," or "facility" means:
(a) all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling operational units or combinations of these units.
(b) For the purpose of implementing corrective action under articles 6, 15.5, or 17 of chapter 14 or article 18 of chapter 15 of this division, all contiguous property under the control of the owner or operator seeking a permit under Title 22, Division 4.5 of the California Code of Regulations. This definition applies to all contiguous property of an owner or operator implementing corrective action at a facility under Health and Safety Code sections 25200.10 or 25187, or federal RCRA section 3004(u) [Title 42, U.S.C., section 6924(u)] or federal RCRA section 3008(h) [Title 42, U.S.C., section 6928(h)]. This definition also applies to all contiguous property of an owner or operator implementing removal or remedial action at an extra-large, large, medium, or small site where hazardous substances have been released or threaten to be released under Health and Safety Code sections 25187 or 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201.
 "Hazardous waste facility permit" or "permit" means an authorization, license or equivalent control document issued by the USEPA or the Department to implement the requirements of RCRA and this division. "Permit" includes permit by rule pursuant to section 66270.60, and emergency permit pursuant to section 66270.61. "Permit" does not include interim status (article 7 of chapter 20), or any permit which has not yet been the subject of final USEPA or Department action, such as a draft permit or a proposed permit.
 "Hazardous waste management" see "Management."
 "Hazardous waste management facility" see "Hazardous waste facility."
 "Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, a waste transfer area, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.
For the purposes of chapters 14 and 15, "Hazardous waste management unit shutdown" means a work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit. An unscheduled work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit for less than 24 hours is not a hazardous waste management unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping operation are not hazardous waste management unit shutdowns.
 "Hazardous waste property" means (a) land which is either of the following:
(1) any hazardous waste facility or portion thereof, required to be permitted pursuant to this division, which has a permit for disposal from the Department or has submitted an application for such a permit;
(2) a portion of any land designated as a hazardous waste property pursuant to  Health and Safety Code section 25229 where a significant disposal of hazardous waste has occurred on, under or into the land resulting in a significant existing or potential hazard to present or future public health or safety.
(b) "Hazardous waste property" does not mean residential land that has never received waste chemicals from an industrial, commercial, agricultural, research or business activity.
 "Highway" means a way, or place, of whatever nature open to the use of the public for purposes of vehicular travel. Highway includes street.
 "HOCs" see "Halogenated organic compound."
For the purposes of chapters 14 and 15, "Hot well" means a container for collecting condensate as in a steam condenser serving a vacuum-jet or steam-jet ejector.
 "Household" means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures.
 "Household hazardous waste" means any hazardous waste generated incidental to owning and/or maintaining a place of residence. Household hazardous waste does not include any waste generated in the course of operating a business at a residence.
 "HWM facility" see "Hazardous waste facility."
 "ID Number" see "Identification number."
 "Identification Number" or "ID Number" means the number applied for by and and assigned to all handlers of hazardous waste. A State ID number will be issued to handlers of non-RCRA hazardous waste (HW) and/or under 100 KG per calendar month of a RCRA HW. The State ID number will have a prefix of three letters followed by nine numbers. A federal ID number (EPA ID number) will be issued to handlers of 100 KG or more per calendar month of a RCRA HW and/or more than 1 KG per calendar month of acute HW, and any amount of non-RCRA HW. The federal ID number will have a prefix of three letters followed by nine numbers. Federal facilities will have a prefix of two letters followed by ten numbers.
 "Ignitable" means capable of being set afire, or of bursting into flame spontaneously or by interaction with another substance or material.
 "Impoundment" see "Surface impoundment."
For the purposes of chapters 14 and 15, "In gas/vapor service" means that the piece of equipment contains or contacts a hazardous waste stream that is in the gaseous state at the operating conditions.
For the purposes of chapters 14 and 15, "In heavy liquid service" means that the piece of equipment is not in either gas/vapor service or in light liquid service.
For the purposes of chapters 14 and 15, "In light liquid service" means that the piece of equipment contains or contacts a wastestream where the vapor pressure of one or more of the components in the stream is greater than 0.3 kilopascals (kPa) at 20 degrees C, the total concentration of the pure components having a vapor pressure greater than 0.3 kPa at 20 degrees C is equal to or greater than 20 percent by weight, and the fluid is a liquid at the operating conditions.
 "In light liquid service" means that the piece of equipment contains or contacts a waste stream where the vapor pressure of one or more of the organic components in the stream is greater than 0.3 kilopascals (kPa) at 20 deg.C, the total concentration of the pure organic components having a vapor pressure greater than 0.3 kilopascals (kPa) at 20 deg.C is equal to or greater than 20 percent by weight, and the fluid is a liquid at operating conditions.
 "In light material service" means the container is used to manage a material for which both of the following conditions apply: The vapor pressure of one or more of the organic constituents in the material is greater than 0.3 kilopascals (kPa) at 20 deg.C; and the total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20 deg.C is equal to or greater than 20 percent by weight.
 "In situ sampling systems" means non-extractive samplers or in-line samplers.
 "In operation" refers to a facility which is transferring, treating, storing or disposing of hazardous waste.
For the purposes of chapters 14 and 15, "In vacuum service" means that equipment is operating at an internal pressure that is at least 5 kPa below ambient pressure.
 "Inactive portion" means that portion of a facility which is not operated after November 19, 1980.
 "Incinerator" means any enclosed device that:
(1) Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace; or
(2) Meets the definition of infrared incinerator or plasma arc incinerator.
 "Incompatible waste" means a hazardous waste which is unsuitable for:
(a) placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or
(b) commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases or flammable fumes or gases. (See Appendix V to chapter 15 of this division for examples.)
 "Independent sample" means an individual sample that has not been affected by previous sampling efforts.
 "Independently audited" refers to an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards.
 "Individual generation site" means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.
 "Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:
(a) cement kilns;
(b) lime kilns;
(c) aggregate kilns;
(d) phosphate kilns;
(e) coke ovens;
(f) blast furnaces;
(g) smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters and foundry furnaces);
(h) titanium dioxide chloride process oxidation reactors;
(i) methane reforming furnaces;
(j) pulping liquor recovery furnaces;
(k) combustion devices used in the recovery of sulfur values from spent sulfuric acid;
(l) Halogen acid furnaces (HAFs) for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3%, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of 20% as-generated.
(m) such other devices as the USEPA Administrator may, after notice and comment, add to the list of "industrial furnaces" in 40 CFR section 260.10 on the basis of one or more of the following factors:
(1) the design and use of the device primarily to accomplish recovery of material products;
(2) the use of the device to burn or reduce raw materials to make a material product;
(3) the use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks;
(4) the use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product;
(5) the use of the device in common industrial practice to produce a material product; and
(6) other factors, as appropriate.
 "Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
 "Injection well" means any bored, drilled, or driven shaft, dug pit, or hole in the ground whose depth is greater than its largest surface dimension and any associated subsurface appertances, including, but not limited to, the casing.
 "Inner liner" means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.
 "Inorganic metal-bearing waste" is one for which the Department has established treatment standards for metal hazardous constituents, and which does not otherwise contain significant organic or cyanide content as described in section 66268.3(b)(1), and is specifically listed in appendix XI of chapter 18.
 "Interim status" means the authorization granted by the Department or the USEPA which allows a facility to continue to operate pending review and decision of the facility's permit application.
 "Internal floating roof" means a cover that rests or floats on the material surface (but not necessarily in complete contact with it) inside a tank that has a fixed roof.
 "International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.
 "Land disposal" means placement in or on the land, except in a corrective action management unit, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes.
 "Land disposal method" means:
(a) disposal of hazardous wastes on or into the land, including, but not limited to, landfill, surface impoundment, waste piles, deep-well injection, land spreading and co-burial with municipal garbage;
(b) treatment of hazardous wastes on or in the land, such as neutralization and evaporation ponds and land farming, where the treatment residues are hazardous wastes and are not removed for subsequent processing or disposal within one year;
(c) storage of hazardous wastes on or in the land, such as waste piles and surface impoundments, other than neutralization and evaporation ponds, for longer than one year.
 "Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit.
 "Landfill cell" means a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.
 "Land treatment facility" means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface so that hazardous constituents are degraded, transformed or immobilized within the treatment zone. Such facilities are disposal facilities if the waste will remain after closure.
 "LCD with a mercury-containing lamp" means a liquid crystal display illuminated by mercury-containing back lighting.
 "Leachate" means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.
 "Leachate collection and removal system/leak detection system (LCRS/LDS)" means the liner system component that immediately underlies the uppermost liner of a waste management unit, and that serves both: (a)  as a leachate collection and removal system (LCRS), by collecting and conveying leachate to a sump for disposal; and (b) as a leak detection system (LDS), by enabling the discharger to determine when the uppermost liner is leaking, by virtue of the leachate flow rate through the uppermost liner's exceeding the action leakage rate.
 "Leak-detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.
 "Legal defense costs" means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy.
 "Liabilities" means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.
 "License" includes, but is not limited to any permit, registration or certification issued by any local, State, or Federal agency for the generation, transportation, treatment, storage, recycling, disposal or handling of hazardous waste.
 "Liner" means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents or leachate.
 "Liquid-mounted seal" means a foam or liquid-filled primary seal mounted in contact with the hazardous waste between the tank wall and the floating roof continuously around the circumference of the tank.
 "Load" means the amount of waste transported by one truck, one railroad car or one barge to a hazardous waste facility.
 "Major facility" means any facility or activity classified as such by the USEPA Regional Administrator in conjunction with the Department.
For the purposes of chapters 14 and 15, "Malfunction" means any sudden failure of a control device or a hazardous waste management unit or failure of a hazardous waste management unit to operate in a normal or usual manner, so that organic emissions are increased.
 "Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
 "Management" or "hazardous waste management" means the handling, storage, transportation, processing, treatment, recovery, recycling, transfer and disposal of hazardous waste.
 "Manifest" means the shipping document DHS 8022A, or the equivalent document required by the state to which the waste will be shipped, which is originated and signed by the generator in accordance with the instructions included in the appendix to chapter 12 of this division. This definition is repealed as of September 5, 2006.
 "Manifest" and "California Uniform Hazardous Waste Manifest" mean the shipping document, the Uniform Hazardous Waste Manifest, EPA Form 8700-22,  (including, if necessary, the Continuation Sheet, EPA Form 8700- 22A), originated and signed by the generator or offeror in accordance with the instructions in the Appendix to chapter 12 of this division and the applicable requirements of chapters 12 through 15 and in the appendix to 40 Code of Federal Regulations part 262 and the applicable requirements of 40 Code of Federal Regulations parts 262 through 265. This definition takes effect on September 5, 2006.
 "Manifest document number" means the unique number assigned to the manifest by the Department for recording and reporting purposes. This definition is repealed as of September 5, 2006.
 "Manifest tracking number" means the alphanumeric identification number (i.e., a unique three letter suffix preceded by nine numerical digits), which is pre-printed in Item 4 of the Manifest by a registered source approved by U.S. EPA to print manifests under 40 Code of Federal Regulations section 262. 21(c) and (e). This definition takes effect on September 5, 2006.
 "Maximum credible earthquake" means the maximum earthquake which rationally appears capable of occurring under the presently known tectonic framework and all known geologic and seismologic facts. The following factors and standards shall be applied in determining the maximum credible earthquake:
(a) the seismic history of the vicinity and the geologic province;
(b) the length of the significant fault or faults which can affect the site within a radius of 100 kilometers;
(c) the type(s) of faults involved;
(d) the tectonic and/or structural history;
(e) the tectonic and/or structural pattern or regional setting (geologic framework);
(f) the time factor (known or expected frequency of occurrence) shall not be a parameter.
 "Maximum organic vapor pressure" means the sum of the individual organic constituent partial pressures exerted by the material contained in a tank, at the maximum vapor pressure-causing conditions (i.e., temperature, agitation, pH effects of combining wastes, etc.) reasonably expected to occur in the tank. For the purpose of chapter 14, and 15, maximum organic vapor pressure is determined using the procedures specified in section 66265.1084(c).
 "Mercury-containing motor vehicle light switch" means any motor vehicle switch found in the hood or trunk of a motor vehicle that contains mercury.
 "Metallic shoe seal" means a continuous seal that is constructed of metal sheets which are held vertically against the wall of the tank by springs, weighted levers, or other mechanisms and is connected to the floating roof by braces or other means. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.
 "Mining overburden returned to the mine site" means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.
 "Miscellaneous unit" means a hazardous waste management unit where hazardous waste is transferred, treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace other than industrial furnaces which are conditionally exempted pursuant to subsections (c) or (f) of section 66266.100, underground injection well with appropriate technical standards under article 5.5 commencing with section 25159.10 of chapter 6.5 of division 20 of the Health and Safety Code, containment building, corrective action management unit, or unit eligible for a research, development and demonstration permit under section 66270.65.
 "Monitoring parameter" means one of the set of parameters specified in the facility permit for which monitoring is conducted. Monitoring parameters shall include physical parameters, waste constituents, reaction products, and hazardous constituents, that provide a reliable indication of a release from a regulated unit.
 "Monitoring point" means a well, device or location specified in the facility permit at which the water quality or environmental protection standard applies and at which monitoring is conducted.
 "Movement" means that hazardous waste transported to a facility in an individual vehicle.
 "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 318, 402, and 405 of the Federal Water Pollution Control Act (33 U.S.C. sections 1317, 1328, 1342 and 1345). The term includes an approved program.
 "Natural resources" includes, but is not limited to, disposal site capacity and substances which are hazardous waste, or which are in hazardous waste, the reuse of which is technologically and economically feasible.
 "Net working capital" means current assets minus current liabilities.
 "Net worth" means total assets minus total liabilities and is equivalent to owner's equity.
 "New facility" see "New hazardous waste management facility."
 "New hazardous waste facility" see "New hazardous waste management facility."
 "New hazardous waste management facility," "new hazardous waste facility," or  "new facility" means a facility which began operation, or for which construction commenced after November 19, 1980.
 "New tank component" see "New tank system."
 "New tank system" or "new tank component" means a tank system or component that will be used for the transfer, storage or treatment of hazardous waste and for which installation (as defined under "Existing tank system" in this section) has commenced after the dates indicated below; except, however, for purposes of sections 66264.193(g) and 66265.193(g), a new tank system is one for which construction commences after the dates indicated below: (See also "Existing tank system.")
(a) July 14, 1986, for tanks containing RCRA hazardous wastes, unless:
(1) the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1,000 kg per month generator as defined in 40 CFR section 265.201, or
(2) the owner or operator is not subject to regulation in 40 CFR part 264 or part 265 pursuant to an exemption in 40 CFR section 264.1 or section 265.1;
(b) July 1, 1991 for:
(1) tanks containing only non-RCRA hazardous wastes, and
(2) tanks containing RCRA hazardous wastes, if:
(A) the owner or operator is a conditionally exempt small quantity generator or a 100 to 1,000 kg per month generator, or
(B) the owner or operator is not subject to regulation in 40 CFR part 264 or part 265 pursuant to an exemption in 40 CFR section 264.1 or section 265.1, but the owner or operator is subject to the standards of article 10 of chapter 14 or article 10 of chapter 15 of this division.
 "No detectable organic emissions" means no escape of organics to the atmosphere as determined using the procedure specified in section 66265.1084(d).
 "Non-RCRA hazardous waste" means all hazardous waste regulated in the State, other than RCRA hazardous waste as defined in this section. A hazardous waste is presumed to be a RCRA hazardous waste, unless it is determined pursuant to section 66261.101 that the hazardous waste is a non-RCRA hazardous waste.
 "Nonsudden accidental occurrence" means an unforeseen and unexpected accident which takes place over time, involves continuous or repeated exposure and results in bodily injury, property damage or environmental degradation.
 "Nonwastewaters" means, for the purposes of chapter 18 of this division, wastes that do not meet the criteria for wastewaters found in the definition of "wastewaters" in this section.
 "Offsite" means any site which is not onsite.
 "Offsite facility" means a hazardous waste facility that is not an onsite facility.
 "Onground tank" means a device meeting the definition of "tank" in this section that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.
 "Onsite" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access, is also considered onsite property.
 "Onsite facility" or "Onsite hazardous waste facility" means a facility:
(a) at which a hazardous waste is generated and which is owned by, leased to, or under the control of, the generator of the waste; and
(b) which is located on the same or geographically contiguous property, on which the waste is produced, which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which the person controls and to which the public does not have access, is also considered an onsite facility.
 "Onsite hazardous waste facility" see "Onsite facility."
 "Open burning" means the combustion of any material without the following characteristics:
(a) control of combustion air to maintain adequate temperature for efficient combustion;
(b) containment of the combustion-reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and
(c) control of emission of the gaseous combustion products. (See also  "incineration" and "thermal treatment.")
For the purposes of chapters 14 and 15, "Open-ended valve or line" means any valve, except pressure relief valves, having one side of the valve seat in contact with hazardous waste and one side open to the atmosphere, either directly or through open piping.
 "Operator" means the person responsible for the overall operation of a facility.
 "Operating life" see "Active life."
 "Owner" means the person who owns a facility or part of a facility.
 "Owner or operator" means the owner or operator of any facility or activity subject to regulation under chapter 6.5 commencing with section 25100, division 20, Health and Safety Code.
 "P-value" means the smallest significance level for which the null hypothesis would be rejected based on the data that was actually observed.
 "Parent corporation" means a corporation which directly owns at least 50 percent of the voting stock of the corporation which is the facility owner or operator; the latter corporation is deemed a "subsidiary" of the parent corporation.
 "Part A of Permit Application" or "Part A" means an application to the Department or the USEPA for a permit to operate a hazardous waste facility. The application is described in section 66270.13.
 "Part B of Permit Application" or "Part B" means the operation plan described in sections 66270.14 through 66270.23 for a hazardous waste facility.
 "Partial closure" means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of chapters 14 and 15 of this division at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile or other hazardous waste management unit, while other units of the same facility continue to operate or will be placed in operation in the future.
 "PCBs" see "Polychlorinated biphenyls."
 "Permanent household hazardous waste collection facility" or "PHHWCF" means a facility operated by a public agency or its contractor which:
(a) is operated in accordance with section 67450.25; and
(b) is permanently sited at a location.
 "Permit" see "Hazardous waste facility permit."
 "Permit-by-rule" means a provision of these regulations stating that a facility or activity is deemed to have a permit if it meets the requirements of the provision.
 "Permitted facility" means a facility that has received a hazardous waste facility permit from the Department or the USEPA in accordance with section 25200 of the Health and Safety Code or RCRA.
 "Persistent toxic substance" means a toxic substance that resists natural degradation or detoxification.
 "Person" means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership and association. "Person" also includes any city, county, district, commission, the State or any department, agency or political subdivision thereof, any interstate body, and the Federal Government or any department or agency thereof to the extent permitted by law.
 "Personnel" or "facility personnel" means all persons who work, at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of this division.
 "Physical parameter" means any measurable physical characteristic of a substance including, but not limited to, temperature, electrical conductivity, pH and specific gravity.
 "Physical construction" means excavation, movement of earth, erection of forms or structures, or similar activity to prepare a facility to accept hazardous waste.
 "Pile" or "waste pile" means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.
 "Plasma arc incinerator" means any enclosed device using a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
 "Point of compliance" means a vertical surface located at the hydraulically downgradient limit, of a regulated unit, that extends through the uppermost aquifer.
 "Point of waste origination" means as follows:
(1) When the facility owner or operator is the generator of the hazardous waste, the point of waste origination means the point where a solid waste produced by a system, process, or waste management unit is determined to be a hazardous waste as defined in this division. [NOTE: In this case, this term is being used in a manner similar to the use of the term "point of generation" in air standards established for waste management operations under authority of the Clean Air Act in 40 CFR parts 60, 61 and 63.]
(2) When the facility owner and operator are not the generator of the hazardous waste, point of waste origination means the point where the owner or operator accepts delivery or takes possession of the hazardous waste.
 "Point of waste treatment" means the point where a hazardous waste to be treated in accordance with section 66265.1083(c)(2) exits the treatment process. Any waste determination shall be made before the waste is conveyed, handled, or otherwise managed in a manner that allows the waste to volatilize to the atmosphere.
 "Point source" means any discernible, confined and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
 "Polychlorinated biphenyls" or "PCBs" are halogenated organic compounds defined in accordance with 40 CFR 761.3.
 "Postclosure plan" means the plan for postclosure care prepared in accordance with chapter 14 or chapter 15 of this division.
 "POTW" see "Publicly owned treatment works."
For the purposes of chapters 14 and 15, "Pressure release" means the emission of materials resulting from the system pressure being greater than the set pressure of the pressure relief device.
 "Primary Exporter" means any person who is required to originate the manifest for a shipment of hazardous waste in accordance with article 2 of chapter 12 of this division, which specifies a treatment, storage or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.
For the purposes of chapters 14 and 15, "Process heater" means a device that transfers heat liberated by burning fuel to fluids contained in tubes, including all fluids except water that are heated to produce steam.
For the purposes of chapters 14 and 15,  "Process vent" means any open-ended pipe or stack that is vented to the atmosphere either directly, through a vacuum-producing system, or through a tank (e.g., distillate receiver, condenser, bottoms receiver, surge control tank, separator tank, or hot well) associated with hazardous waste distillation, franctionation, thin-film evaporation, solvent extraction, or air or steam stripping operations.
 "Processing" means treatment.
 "Producer" see "Generator."
 "Property Damage" means (a) an injury to property which deprives its owner of the benefit of the property by taking, withholding, deteriorating or destroying it.
(b) For the purposes of chapter 13, "property damage" means damage to or loss of tangible property.
 "Publicly owned treatment works" or "POTW" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a "State" or "municipality" (as defined by 33 U.S.C. section 1362). This definition includes sewers, pipes or other conveyances only if they convey wastewater to a POTW providing treatment.
 "R chart" (Range chart) means a control chart for evaluating the variability within a process in terms of the subgroup range R.
 "RCRA Characteristic" means the characteristic of ignitability, corrosivity, reactivity, or toxicity identified in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23, and 66261.24(a)(1) of this division.
 "RCRA Characteristic Hazardous Waste" or "RCRA Characteristic Waste" means a hazardous waste that exhibits any of the RCRA characteristics.
 "RCRA hazardous waste" means all waste identified as a hazardous waste in  Part 261 (commencing with section 261.1) of subchapter I of chapter 1 of Title 40 of the Code of Federal Regulations and appendices thereto.
 "RCRA Hazardous Waste Facility Permit" or "RCRA Permit" means any hazardous waste facility permit for a facility which would be required to have a permit under 42 U.S.C. section 6925, if California's hazardous waste program were not authorized pursuant to 42 U.S.C. section 6926.
 "RCRA Permit" See "RCRA Hazardous Waste Facility Permit"
 "Reactive" means having properties of explosivity or of chemical activity which can be a hazard to human health or the environment.
 "Receiving country" means a foreign country to which a hazardous waste is sent for the purpose of treatment, storage or disposal (except short-term storage incidental to transportation).
 "Reclaimed" means that a material is processed to recover a usable product, or that it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.
 "Recyclable material" means a hazardous waste that is capable of being recycled, including, but not limited to, any of the following:
(a) a residue;
(b) a spent material, including, but not limited to, a used or spent stripping or plating solution or etchant;
(c) a material that is contaminated to such an extent that it can no longer be used for the purpose for which it was originally purchased or manufactured;
(d) a byproduct listed in section 66261.31 or section 66261.32;
(e) any retrograde material that has not been used, distributed or reclaimed through treatment by the original manufacturer or owner by the later of the following dates:
(1) one year after the date when the material became a retrograde material;
(2) if the material has been returned to the original manufacturer, one year after the material is returned to the original manufacturer.
 "Recycled material" means a material which is used or reused or reclaimed.
 "Regional Administrator" or "USEPA Regional Administrator" means the Regional Administrator for the EPA Region in which the facility is located, or that person's designee.
 "Registered hazardous waste transporter" means a transporter registered with the Department to transport hazardous wastes.
 "Regulated Unit" means:
(a) a permitted hazardous waste facility, which operates or operated:
(1) any surface impoundment, waste pile, land treatment unit or landfill that receives or has received hazardous waste after July 26, 1982; or
(2) any surface impoundment, waste pile, land treatment unit, or landfill that ceased receiving hazardous waste by July 26, 1982 which is required to comply with the requirements of article 6 of chapter 14 of this division pursuant to section 66264.90(a);
(b) an interim status hazardous waste facility which operates or operated:
(1) any surface impoundment, waste pile, land treatment unit, or landfill that receives or has received hazardous waste after November 19, 1980; or
(2) any surface impoundment, waste pile, land treatment unit, or landfill that ceased receiving hazardous waste by November 19, 1980 which is required to comply with the requirements of article 6 of chapter 15 of this division pursuant to section 66265.90(a).
 "Release" means:
(a) Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment.
(b) "Release" does not include any of the following:
(1) Any release which results in exposure to persons solely within a workplace, with respect to a claim such exposed persons may assert against their employer.
(2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine.
(3) Release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.), if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 2210 of Title 42 of the United States Code or, for the purposes of section 104 of the federal act (42 U.S.C. 9604) or any other response action, any release of source byproduct, or special nuclear material from any processing site designated under section 7912(a)(1) or 7942(a) of Title 42 of the United States Code, which sections are a part of the Uranium Mill Tailings Radiation Control Act of 1978.
(d) The normal application of fertilizer, plant growth regulants and pesticides.
For the purposes of chapters 14 and 15, "Repaired" means that equipment is adjusted, or otherwise altered, to eliminate a leak.
 "Remediation waste" means all solid and hazardous wastes, hazardous substances, and all media (including groundwater, surface water, soils, and sediments) and debris, that are managed for the purpose of implementing corrective action requirements under articles 6, 15.5, or 17 of chapter 14 or article 18 of chapter 15 of this division, Health and Safety Code sections 25200.10 or 25187, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA section 3005 [Title 42, U.S.C., section 6925]. For a given facility, remediation wastes may originate only from within the facility boundary, but may include waste managed in implementing Health and Safety Code Sections 25200.10 or 25187, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA section 3005 [Title 42, U.S.C., section 6925] or 3004(v) [Title 42, U.S.C., section 6924(v)] for releases beyond the facility boundary.
 "Replacement unit" means a landfill, surface impoundment, or waste pile unit  (1) from which all or substantially all of the waste is removed, and (2) that is subsequently reused to transfer, treat, store, or dispose of hazardous waste. "Replacement unit" does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or EPA or State approved corrective action.
 "Representative sample" means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.
 "Residuals Repository" means a hazardous waste facility or part of a facility that is permitted to accept for land disposal only non-liquid, treated hazardous waste (as defined in Section 25179.3(1), Health and Safety Code). Non-liquid means non-liquid and containing less than 50 percent moisture by weight as determined in accordance with Section 66265.317 of this Division.
 "Resource recovery facility" means an authorized offsite hazardous waste facility whose principal method of hazardous waste management is the recycling of recyclable material pursuant to Health and Safety Code section 25201(a).
 "Restricted hazardous waste" means any hazardous waste which is subject to land disposal restriction pursuant to Health and Safety Code section 25179.6 or chapter 18 of this division.
 "Retrograde material" means any hazardous material which is not to be used, sold or distributed for use in an originally intended or prescribed manner or for an originally intended or prescribed purpose and which meets any one or more of the following criteria:
(a)(1) has undergone chemical, biochemical, physical or other changes due to the passage of time or the environmental conditions under which it was stored;
(2) has exceeded a specified or recommended shelf life;
(3) is banned by law, regulation, ordinance or decree;
(4) cannot be used for reasons of economics, health or safety or environmental hazard.
(b) "Retrograde material" does not include material listed in section 66261.33 if either of the following conditions is met:
(1) the material is used in a manner constituting disposal and the material is not normally used in a manner constituting disposal;
(2) the material is burned for energy recovery and the material is not normally burned for energy recovery.
 "Run-off" means any rainwater, leachate or other liquid that drains over land from any part of a facility.
 "Run-on" means any rainwater, leachate or other liquid that drains over land onto any part of a facility.
 "Safety device" means a closure device such as a pressure relief valve, frangible disc, fusible plug, or any other type of device which functions exclusively to prevent physical damage or permanent deformation to a unit or its air emission control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental, or emergency event. For the purpose of chapters 14 and 15, a safety device is not used for routine venting of gases or vapors from the vapor headspace underneath a cover such as during filling of the unit or to adjust the pressure in this vapor headspace in response to normal daily diurnal ambient temperature fluctuations. A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emission control equipment as determined by the owner or operator based on manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials.
For the purposes of chapters 14 and 15, "Sampling connection system" means an assembly of equipment within a process or waste management unit used during periods of representative operation to take samples of the process or waste fluid. Equipment used to take non-routine grab samples is not considered a sampling connection system.
 "Saturated zone" or "zone of saturation" means that part of the earth's crust in which all voids are filled with water.
 "Schedule of compliance" means a schedule of remedial measures included in a permit or order, including an enforceable sequence of interim requirements (for example, actions, operations or milestone events) leading to compliance with applicable law.
 "Scrap metal" means (a) any one or more of the following, except as provided in subsection (b) of this section:
(1) manufactured, solid metal objects and products;
(2) metal workings, including cuttings, trimmings, stampings, grindings, shavings and sandings; or
(3) solid metal residues of metal production.
(b) "Scrap metal" excludes all of the following:
(1) lead-acid storage batteries, waste elemental mercury, and water-reactive metals such as sodium, potassium and lithium;
(2) magnesium borings, trimmings, grindings, shavings and sandings and any other forms capable of producing independent combustion;
(3) beryllium borings, trimmings, grindings, shavings, sandings and any other forms capable of producing adverse health effects or environmental harm in the opinion of the Department;
(4) any metal contaminated with a hazardous waste, such that the contaminated metal exhibits any characteristic of a hazardous waste under article 3 of chapter 11 of this division;
(5) any metal contaminated with an oil that is a hazardous waste and that is free-flowing;
(6) sludges, fine powders, semi-solids and liquid solutions that are hazardous wastes.
 "Semitrailer" means a vehicle designed for carrying persons, property or waste, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.
For the purposes of chapters 14 and 15, "Sensor" means a device that measures a physical quantity or that change in a physical quantity, such as temperature, pressure, flow rate, pH, or liquid level.
For the purposes of chapters 14 and 15, "Separator tank" means a device used for separation of two immiscible liquids.
 "Single-seal system" means a floating roof having one continuous seal. This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.
 "Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
 "Sludge" means any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
 "Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis.
 "Small quantity commercial source" means a business which generates less than 100 kilograms of household waste, as defined in paragraph (1) of subdivision (b) of Section 261.4 of Title 40 of the Code of Federal Regulations, or which meets the criteria for conditionally exempt small quantity generators specified in Section 261.5 of Title 40 of the Code of Federal Regulations, or, if the hazardous waste is perchlorethylene, a business which generates less than 50 kilograms of hazardous waste per month and meets the criteria set forth in Sections 261.4 or 261.5 of Title 40 of the Code of Federal Regulations.
 "Small quantity generator" means a generator who generates less than 1,000 kg of hazardous waste in a calendar month.
 "Soil" means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. Natural Resources Conservation Service, or a mixture of such materials with liquids, sludges or solids which is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment classification (i.e., from waste to contaminated soil) is not allowed under the dilution prohibition in section 66268.3 of this division.
 "Soil-pore liquid" means the liquid contained in openings between particles of soil in the unsaturated zone.
 "Solid Waste Management Unit" means any unit at a hazardous waste facility from which hazardous constituents might migrate, irrespective of whether the units were intended for the management of wastes, including but not limited to: containers, tanks, surface impoundments, waste piles, land treatment units, landfills, incinerators and underground injection wells.
 "Soluble threshold limit concentration" or "STLC" means the concentration of a solubilized and extractable bioaccumulative or persistent toxic substance which, if equaled or exceeded in a waste or waste extract determined pursuant to Appendix II of chapter 11 of this division renders the waste hazardous.
 "Sorb" means to either adsorb or absorb, or both.
 "Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both. See also "Sorb".
 "Special waste" means a waste which is a hazardous waste only because it contains an inorganic substance or substances which cause it to pose a chronic toxicity hazard to human health or the environment and which meets all of the criteria and requirements of section 66261.122 and has been classified a special waste pursuant to section 66261.124.
 "Spent material" is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.
For the purposes of chapters 14 and 15, "Start-up" means the setting in operation of a hazardous waste management unit or control device for any purpose.
 "State/EPA Agreement" means an agreement between the Regional Administrator and the Department which coordinates EPA and State activities, responsibilities and programs.
 "Steam stripping operation" means a distillation operation in which vaporization of the volatile constituents of a liquid mixture takes place by the introduction of steam directly into the charge.
 "STLC" see "Soluble threshold limiting concentration."
 "Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of or stored elsewhere.
 "Sudden accidental occurrence" means an unforeseen and unexpected accident which is not continuous or repeated in nature and results in bodily injury, property damage or environmental degradation.
 "Substantial business relationship" means the extent of a business relationship necessary under applicable State law to make a guarantee contract issued incident to that relationship valid and enforceable. A "substantial business relationship" must arise from a pattern of recent or ongoing business transactions, in addition the guarantee itself, such that a currently existing business relationship between the guarantor and the owner or operator is demonstrated to the satisfaction of the Department.
 "Sump" means any pit or reservoir that meets the definition of tank and those troughs/trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, "sump" means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.
 "Surface impoundment" or "impoundment" means a facility or part of a facility which is a natural topographic depression, man-made excavation or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds and lagoons.
 "Surge control tank" means a pipe or storage reservoir sufficient in capacity to contain the surging liquid discharge of the process tank to which it is connected.
 "Surplus material" means an unused raw material or commercial product obtained by a person who intended to use or sell it, but who no longer needs it, and who transfers ownership of it to another person for use in a manner for which the material or product is commonly used. Surplus material is excess material. Surplus material is neither of the following:
(a) a retrograde material as defined in this section;
(b) a recyclable material as defined in this section.
 "Tangible net worth" means the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as goodwill and rights to patents or royalties.
 "Tank" means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of nonearthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.
 "Tank system" means a hazardous waste transfer, storage or treatment tank and its associated ancillary equipment and containment system.
 "Temporary household hazardous waste collection facility" or "THHWCF" means a facility operated by a public agency which:
(a) is operated in accordance with section 66270.1(c)(1)(F);
(b) is operated at the same location no more than 12 times per calendar year and no more than once in any calendar month at the same location; and
(c) terminates operation within two days of commencing each session.
 "Terminate" means to accept the last delivery of waste.
 "Thermal treatment" means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation and microwave discharge. (See also "incinerator" and "open burning.")
 "The State" means the State of California.
 "Thin-film evaporation operation" means a distillation operation that employs a heating surface consisting of a large diameter tube that may be either straight or tapered, horizontal or vertical. Liquid is spread on the tube wall by a rotating assembly of blades that maintain a close clearance from the wall or actually ride on the film of liquid on the wall.
 "Total threshold limit concentration" or "TTLC" means the concentration of a solubilized, extractable and nonextractable bioaccumulative or persistent toxic substance which, if equaled or exceeded in a waste, renders the waste hazardous.
 "Totally enclosed treatment facility" means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.
 "Toxic waste" means a hazardous waste designated as a toxic waste by the USEPA Administrator pursuant to 40 CFR section 261.11.
 "Trailer" means a vehicle designed for carrying persons, property or waste on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.
 "Transfer" means the loading, unloading, pumping or packaging of hazardous waste. Transfer does not include loading, unloading, pumping or packaging of hazardous waste on the site where the hazardous waste was generated.
 "Transfer facility" or "transfer station" means any transportation related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held and/or transferred during the normal course of transportation.
 "Transfer station" see "Transfer facility."
 "Transit country" means any foreign country, other than a receiving country, through which a hazardous waste is transported.
 "Transport vehicle" means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.
 "Transportable Treatment Unit" means any mobile equipment which performs a  "treatment" as defined in this section and which is transported onto a facility to perform treatment and which is not permanently stationed at a single facility.
 "Transportation" means the movement of hazardous waste by air, rail, highway or water.
 "Transporter" means a person engaged in the offsite transportation of hazardous waste by air, rail, highway or water.
 "Treatability study" means either of the following, but does not include the commercial treatment or disposal of hazardous waste:
(a) The application of a treatment process to a representative sample of hazardous waste to determine any of the following:
(1) Whether the hazardous waste can be effectively treated by the treatment process employed in the treatability study.
(2) What pretreatment, if any, is required.
(3) The optimal conditions and processing techniques required to achieve the desired treatment.
(4) The efficiency of a treatment process for a specific hazardous waste or wastes.
(5) The characteristics and volumes of residual from a particular treatment process.
(b) Liner compatibility, corrosion, or other material compatibility studies.
 "Treatability study sample" means a small quantity of hazardous waste, of no more than 400 kilograms (kg), which will be subject to a treatability study.
 "Treatment" means any method, technique, or process which changes or is designed to change the physical, chemical, or biological character or composition of any hazardous waste or any material contained therein, or removes or reduces its harmful properties or characteristics for any purpose including, but not limited to, energy recovery, material recovery or reduction in volume.
 "Treatment zone" means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents and constituents of concern are degraded, transformed or immobilized. A treatment zone may not extend more than five feet below the initial surface and the base of the treatment zone shall be a minimum of five feet above the highest anticipated elevation of underlying groundwater.
 "Truck" means a motor vehicle, excluding truck tractor, designed, used or maintained primarily for the transportation of property or waste.
 "TTLC" see "Total threshold limiting concentration."
 "Underground injection" means the subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension. (See also "injection well.")
 "Underground source of drinking water" or "USDW" means an aquifer or its portion:
(a)(1) which supplies any public water system; or
(2) which contains a sufficient quantity of ground water to supply a public water system; and
(A) currently supplies drinking water for human consumption; or
(B) contains fewer than 10,000 mg/l total dissolved solids; and
(b) which is not an exempted aquifer.
 "Underground tank" means a device meeting the definition of "tank" in this section which is substantially or totally beneath the surface of the ground.
 "Underlying hazardous constituent" means any constituent listed in section 66268.48, Table UTS -Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standards.
 "Unfit-for-use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of transferring, storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.
 "Unit" means a tank, a container, or a combination of tanks or tank systems and/or containers located together that are used in sequence to treat or accumulate one or more compatible hazardous wastestreams. The devices are either plumbed together or otherwise linked so as to form one system. This definition only applies to Conditional Exemption, Conditional Authorization, and Permit By Rule operations.
 "Unsaturated zone," "Vadose zone," or "zone of aeration" means the zone between the land surface and the water table.
 "United States" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the commonwealth of the Northern Mariana Islands.
 "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer.
 "Used oil re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.
 "Used or reused" means that a material is either:
(a) employed as an ingredient, including use as an intermediate, in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or
(b) employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).
 "USEPA Administrator" or "Administrator" means the Administrator of the federal Environmental Protection Agency, or the Administrator's designee.
 "USEPA Regional Administrator" see "Regional Administrator."
 "Vacuum tank" means a cargo tank which has the capability of being subjected to a vacuum or a pressure for purposes of loading and unloading its contents.
 "Vadose zone" see "Unsaturated zone."
 "Vapor incinerator" means any enclosed combustion device that is used for destroying organic compounds and does not extract energy in the form of steam or process heat.
 "Vapor-mounted seal" means a continuous seal that is mounted such that there is a vapor space between the hazardous waste in the unit and the bottom of the seal.
 "Variance" means a deviation from a provision of this division and chapter 6.5 of the Health and Safety Code authorized pursuant to section 66260.210 or Health and Safety Code section 25143.
 "Vehicle" means a device by which any person or property, including waste, may be propelled, moved or drawn, excepting a device moved exclusively by human power.  "Vehicle" also means a device by which any person or property, including waste, may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
 "Vented" means discharged through an opening, typically an open-ended pipe or stack, allowing the passage of a stream of liquids, gases, or fumes into the atmosphere. The passage of liquids, gases, or fumes is caused by mechanical means such as compressors or vacuum-producing systems or by process-related means such as evaporation produced by heating and not caused by tank loading and unloading (working losses) or by natural means such as diurnal temperature changes.
 "Vessel" includes every description of watercraft, used or capable of being used as a means of transportation on the water.
 "Volatile organic compound" means a compound which is a volatile organic compound according to Method No. 8240 in the Environmental Protection Agency Document No. Sw 846 (1982) or any equivalent, alternative method acceptable to the Department.
 "Volatile organic concentration" or "VO concentration" means the fraction by weight of the volatile organic compounds contained in a hazardous waste expressed in terms of parts per million (ppmw) as determined by direct measurement or by knowledge of the waste in accordance with the requirements of section 66265.1084. For the purpose of determining the VO concentration of a hazardous waste, organic compounds with a Henry's law constant value of at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in the liquid-phase (0.1 Y/X) (which can also be expressed as 1.8 x 10 [FN-6]  atmospheres/gram-mole/m [FN3]) at 25 degrees Celsius must be included. Appendix VI of chapter 15, article 30 presents a list of compounds known to have a Henry's law constant value less than the cutoff level.
 "Waste" means waste as defined in section 66261.2.
 "Waste constituent" means a constituent that is reasonably expected to be in or derived from waste contained in a regulated unit.
 "Waste determination" means performing all applicable procedures in accordance with the requirements of section 66265.1084 to determine whether a hazardous waste meets standards +specified in chapters 14 and 15. Examples of a waste determination include performing the procedures in accordance with the requirements of section 66265.1084 to determine the average VO concentration of a hazardous waste at the point of waste origination; the average VO concentration of a hazardous waste at the point of waste treatment and comparing the results to the exit concentration limit specified for the process used to treat the hazardous waste; the organic reduction efficiency and the organic biodegradation efficiency for a biological process used to treat a hazardous waste and comparing the results to the applicable standards; or the maximum volatile organic vapor pressure for a hazardous waste in a tank and comparing the results to the applicable standards.
 "Waste pile" see "Pile."
 "Waste stabilization process" means any physical or chemical process used to either reduce the mobility of hazardous constituents in a hazardous waste or eliminate free liquids as determined by Test Method 9095 (Paint Filter Liquids Test) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW-846, Third Edition, September 1986, as amended by Update I, November 15, 1992 (incorporated by reference-refer to section 66260.11). A waste stabilization process includes mixing the hazardous waste with binders or other materials, and curing the resulting hazardous waste and binder mixture. Other synonymous terms used to refer to this process are "waste fixation" or "waste solidification." This does not include the adding of absorbent materials to the surface of a waste, without mixing, agitation, or subsequent curing, to absorb free liquid.
 "Wastewaters" means, for the purposes of chapter 18 of this division, wastes that contain less than one percent by weight total organic carbon (TOC) and less than one percent by weight total suspended solids (TSS).
 "Wastewater treatment unit" means a device which:
(a) is part of a wastewater treatment facility which is subject to regulation under either section 402 (33 U.S.C. section 1317) or 307(b) (33 U.S.C. section 1342) of the Federal Clean Water Act; and
(b) receives and treats or stores an influent wastewater which is a hazardous waste as defined in chapter 11 of this division, or that generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in chapter 11 of this division, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in chapter 11 of this division; and
(c) meets the definition of tank or tank system in this section.
 "Water (bulk shipment)" means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels.
 "Water reactive" means having properties of, when contacted by water, reacting violently, generating extreme heat, burning, exploding or rapidly reacting to produce an ignitable, toxic or corrosive mist, vapor or gas.
 "Well" means any shaft or pit dug or bored into the earth, generally of a cylindrical form, and often walled with bricks or tubing to prevent the earth from caving in.
 "Well injection": (See "underground injection.")
 "X-bar chart" means a control chart for evaluating the process level or subgroup differences in terms of the subgroup average.
 "Zone of aeration" see "Unsaturated zone."
 "Zone of engineering control" means an area under the control of the owner or operator that, upon detection of a hazardous waste release, can be readily cleaned up prior to the release of hazardous waste or hazardous constituents to ground water or surface water.
 "Zone of saturation" see "Saturated zone."
 
  Note: Authority cited: Sections 25141, 25150, 25158.1, 25158.4,  25159, 25159.5, 25187.7, 25200.10, 25204, 25214.9, 25214.10.2, 25218.3(d), 25316, 25355.5, 25356.9, 25358.3, 25358.9 and 58012, Health and Safety Code; Governor's Reorganizational Plan #1 of 1991; and  Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25110.02, 25110.1, 25110.5, 25111, 25112, 25112.5, 25113, 25114, 25115, 25117, 25117.1, 25117.3, 25117.8, 25117.9,  25117.11, 25118, 25119, 25120, 25121, 25121.5, 25122.7, 25123, 25123.3, 25123.5, 25123.6, 25141, 25150, 25158.2, 25159, 25159.5, 25187.7, 25200.10, 25201.6, 25204, 25214.9, 25218.1(f), 25218.3, 25229, 25316, 25354(b), 25355.5, 25355.6, 25356.9, 25358.1, 25358.9, 25359.8, 25361, 25501, 25529 and 58012, Health and Safety Code; Section 42463(f)(1), Public Resources Code; and 40 Code of Federal Regulations Sections 260.10, 261.1, 262.21, 264.551, 264.1031, 268.2, 270.2 and 273.6. 
  
 
 



s 66260.11. References.
 (a) When used in this division, the following publications are incorporated by reference:
(1) "ANALYSIS OF Pesticides in Humans and Environmental Samples," EPA-600/8-80- 038, U.S. Environmental Protection Agency, June 1980. This reference is available from the National Technical Information Service; United States Department of Commerce; Springfield, VA 22161, (703) 487-4650;
(2) "ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester," ASTM Standard D-3278-78, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103;
(3) "ASTM Standard Guide for Investigating and Sampling Soil and Rock," ASTM Standard D-420-87, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
(4) "ASTM Standard Method of Collection and Preparation of Coke Samples for Laboratory Analysis," ASTM Standard D-346-78, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103;
(5) "ASTM Standard Method of Collection of a Gross Sample of Coal," ASTM Standard D-2234-82, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103;
(6) "ASTM Standard Practice for Soil Investigation and Sampling by Auger Boring," ASTM Standard D-1452-80, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103;
(7) "ASTM Standard Practice for Sampling Bituminous Materials," ASTM Standard D-140-88, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103;
(8) "ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Tester," ASTM Standard D-93-79 or D-93-80. D-93-80 is available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103;
(9) "Fire Protection Guide on Hazardous Materials" (1977) is available from National Fire Protection Association, Battery March Park, Quinch, MA 02269 (800) 344-3555;
(10) "Fire Protection Guide on Hazardous Materials" (1984) is available from National Fire Protection Association, Battery March Park, Quinch, MA 02269 (800) 344-3555;
(11) "Flammable and Combustible Liquids Code" (1981), available from the National Fire Protection Association, 470 Atlantic Avenue, Boston, MA 02210;
(12) "Geotechnical Branch Training Manual Nos. 4, 5 and 6," published by the United States Bureau of Reclamation, January 1986. These manuals are available from: Bureau of Reclamation Engineering and Research Center; Attention: D-7923.A; P.O. Box 25007; Denver, Colorado 80255;
(13) "Interim Method of the Determination of Asbestos in Bulk Insulation Samples," 40 CFR Part 763, Subpart F, Appendix A, published July 1, 1989. A bound version of 40 CFR is available from the Superintendent of Documents; United States Government Printing Office, Washington, DC 20402, (202) 783-3238;
(14) "Methods for Chemical Analysis of Water and Wastes," EPA-600/4-79-020, U.S. Environmental Protection Agency, 1979. This reference is available from the Superintendent of Documents; United States Government Printing Office; Washington, DC 20402, (202) 783-3238;
(15) "Standard Methods for the Examination of Water and Wastewater," 14th Edition, available from the American Public Health Association, 1015 Eighteenth Street NW, Washington, DC 20036.
(16) "Standard Methods for the Examination of Water and Wastewater," 16th Edition, available from the American Public Health Association, 1015 Eighteenth Street NW, Washington, DC 20036.
(17) "Static Acute Bioassay Procedures for Hazardous Waste Samples," California Department of Fish and Game, Water Pollution Control Laboratory, November 1988. This reference is available from the California Department of Fish and Game, Water Pollution Control Laboratory, 2005 Nimbus Road, Rancho Cordova, CA 95670;
(18) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 [Second Edition, 1982 as amended by Update I (April, 1984), and Update II (April, 1985)];
(19) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 [Third Edition (November, 1986), as amended by Updates I (July 1992), II (September, 1994), IIA (August, 1993), IIB (January, 1995), and III (December 1996)]. The Third Edition of SW-846 and Updates I, II, IIA, IIB, and III (document number 955-001-00000-1) are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512- 1800. Copies of The Third Edition and its updates are also available from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650. The documents are ordered separately as follows:
SW-846 (Third Edition): Order No. PB 88-239223
Update I: Order No. PB 94-170313
Update II and IIA: Order No. PB 95-187225
Update IIB: Order No. PB 95-234480
Update III: Order No. PB 97-156137
CD-ROM, single user: Order No. PB 95-503249
 LAN, 2-5 users: Order No. PB 95-504171
Copies may be inspected at the Library, United States Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460.
(20) "Title 40, Code of Federal Regulations," (40 CFR), revised as of July 1, 1990. A bound version of 40 CFR is available from the Superintendent of Documents; United States Government Printing Office, Washington, DC 20402, (202) 783-3238.
(21) "Uncontrolled Hazardous Waste Site Ranking System, A User's Manual"  (1982), MTR-82W111, is available from the Mitre Corporation, 7525 Colshire Drive McClean, VA 22102-3481, (703) 883-6000.
(22) "ASTM Standard Method for Analysis of Reformed Gas by Gas Chromatography," ASTM Standard D 1946-82, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(23) "ASTM Standard Test for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method)," ASTM Standard D 2382-83, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(24) "ASTM Standard Practice for General Techniques of Ultraviolet Visible Quantitative Analysis," ASTM Standard E 169-87, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(25) "ASTM Standard Practices for General Techniques of Infrared Quantitative Analysis," ASTM Standard E 168-88, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(26) "ASTM Standard Practices for Packed Column Gas Chromatography," ASTM Standard E 260-85, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(27) "ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography," ASTM Standard E 2267-88, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(28) "ASTM Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteriscope," ASTM Standard D 2879-86, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(29) APTI Course 415: Control of Gaseous Emissions, EPA Publication EPA-450/2- 81-005, December 1981, available from National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.
(30) "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised", October 1992, EPA Publication No. EPA-450/R-92-019, Environmental Protection Agency, Research Triangle Park, NC.
(31) American Petroleum Institute, Recommended Practice for the Closure of Underground Petroleum Storage Tanks, API Publication 1604, Third Edition, March 1996, available from the American Petroleum Institute, 1220 L Street, N.W., Washington, DC 20005;
(32) American Petroleum Institute, Safe Entry and Cleaning of Petroleum Storage Tanks, API Publication 2015, May 1994, available from the American Petroleum Institute, 1220 L Street, N.W., Washington, DC 20005;
(33) National Fire Protection Association, Standard Procedures for Cleaning or Safeguarding Small Tanks and Containers Without Entry, NFPA 327, 1993 Edition, available from the National Fire Protection Association, Battery March Park, Quinch, MA 02269 (800) 344-3555;
(34) "ASTM Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals," ASTM Standard E926-94, Test Method C-Bomb, Acid Digestion Method, available from American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.
(35) ASTM Method G21-90-Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi, available from American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.
(36) ASTM Method G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria, available from American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.
(37) OECD test 301B: (CO 2  Evolution (Modified Strum Test))
(b) The references listed in subsection (a) of this section are also available for inspection at the Department of Health Services, Toxic Substances Control Program, Technical Reference Library, 400 P Street, Sacramento, CA 94234-7320.
 
  Note: Authority cited: Sections 25141, 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25141, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 260.11. 
  
 



s 66260.12. Acronyms and Abbreviations.
As used in this division, the following acronyms and abbreviations have the specified meaning:
 "ASTM"      means American Society for Testing and Materials;
 "C"         means hazard code for corrosive waste and the potential hazardous
               property of being corrosive;
 "CCR"       means California Code of Regulations;
 "CEQA"      means the California Environmental Quality Act (Division 13
               (commencing with section 21000) of the Public Resources Code);
 "CERCLA"    means Comprehensive Environmental Response, Compensation, and
               Liability Act of 1980, as amended. (42 U.S.C. section 9610 et
               seq.);
 "CFR"       means Code of Federal Regulations;
 "CUPA"      means the "certified unified program agency" as defined in section
               66260.10
 "CWA"       means Clean Water Act of 1977, as amended (33 U.S.C. section 1251
               et seq.);
 "DOT"       means Department of Transportation, Federal;
 "EP         means a toxicity characteristic determined pursuant to EPA Method
  Toxicity"    1310 from SW-846, Test Methods for Evaluating Solid Waste,
               Physical/Chemical Methods, 2nd or 3rd Edition (Incorporated by
               reference in section 66260.11 of this Division);
 "FFDCA"     means the Federal Food, Drug, and Cosmetic Act (21 U.S.C. section
               301-392).
 "FIA"       means Federal Insurance Administration;
 "FR"        means Federal Register;
 "H"         means hazard code for Acute Hazardous Waste;
 "HSC"       means Health and Safety Code;
 "HWCA"      means Hazardous Waste Control Act (chapter 6.5 (commencing with
               section 25100) of division 20 of the Health and Safety Code);
 "I"         means hazard code for ignitable waste and the potential hazardous
               property of being ignitable;
 "Kg"        means the unit of measure, kilogram;
 "NACE"      means National Association of Corrosion Engineers;
 "NPDES"     means National Pollutant Discharge Elimination System;
 "POHC"      means Principal Organic Hazardous Constituent;
 "POTW"      means Publicly Owned Treatment Works;
 "R"         means hazard code for reactive waste and the potential hazardous
               property of being reactive;
 "RCRA"      means Resource Conservation and Recovery Act of 1976, as amended
               (42 U.S.C. section 6901 et seq.);
 "SAE"       means Society of Automotive Engineers;
 "SAE        means a grade or type of steel;
  steel"
 "SDWA"      means Safe Drinking Water Act of 1976, as amended (42 U.S.C.
               section 300 f et seq.);
SIC"         means Standard Industrial Classification;
 "SQG"       means Small Quantity Generator;
 "STLC"      means Soluble Threshold Limit Concentration;
 "SW-846"    means "Test Methods for Evaluating Solid Waste, Physical/Chemical
               Methods";
 "SWMU"      means Solid Waste Management Unit;
 "T"         means hazard code for Toxic Waste with a constituent or
               constituents listed in Appendix VIII of chapter 11;
 "TC"        means Toxicity Characteristic;
 "TCLP"      means Toxicity Characteristics Leaching Procedure;
 "TTLC"      means Total Threshold Limit Concentration;
 "TTU"       means Transportable Treatment Unit;
 "UIC"       means Underground Injection Control;
 "U.S.C."    means United States Code;
 "USDW"      means Underground Source of Drinking Water;
 "USEPA"     means United States Environmental Protection Agency;
 "WET"       means Waste Extraction Test;
 "X"         means the potential hazardous property of being toxic by any of
               the parameters in section 66261.24;
 
 
  Note: Authority cited: Sections 25141, 25150, 25159, 25201.4 and  58012, Health and Safety Code. Reference: Sections 25141, 25159, 25201.4, 25404 and 25404.3, Health and Safety Code. 
  
 



s 66260.21. Petitions for Equivalent Testing or Analytical Methods.
 (a) The Department shall only grant a variance from the provisions of this chapter to allow use of a test method or analytical method alternative to that prescribed in chapter 11 of this division for use in classifying a specific non-RCRA hazardous waste or a RCRA hazardous waste if the proposed testing or analytical method has been added to 40 CFR Parts 261, 264, or 265 per 40 CFR section 260.21. For the variance to be granted, the applicant must show to the satisfaction of the Department that the proposed alternative test method or analytical method is equal or superior to the appropriate corresponding method in chapter 11 of this division, when applied to the specific waste with respect to accuracy, precision, sensitivity and stringency.
(b) An application for a variance pursuant to section 66260.21(a) shall include all of the following:
(1) the name and address of the generator of the waste and where the waste is located;
(2) a complete description of the waste, including its composition and source or process of generation;
(3) a complete description of the proposed alternative test method or analytical method, including all equipment and procedural steps used;
(4) a comparison of results obtained from a statistically significant number of replicate trials with the proposed alternative test method or analytical method with those results obtained from use of the appropriate corresponding method prescribed in chapter 11 of this division when both methods are applied simultaneously to the applicant's waste;
(5) an assessment of any factors which might interfere with or limit the applicability of the proposed test method or analytical method;
(6) a description of the quality control and quality assurance procedures to be followed to ensure the accuracy, precision, sensitivity and stringency of the proposed test method or analytical method.
(c) The Department shall, within 60 days after receipt of an application for a variance pursuant to section 66260.21(a), notify the applicant that the application is complete and accepted for processing by the Department or that the application is incomplete and what further information is required.
(d) The Department shall, within 180 days of receipt of a complete application for a variance pursuant to section 66260.21(a), notify the applicant that the request for a variance is granted or denied.
(e) If the variance requested pursuant to section 66260.21(a) is denied, the Department shall provide to the applicant in writing the reason for the denial.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code and Section 15376, Government Code. Reference: Sections 25141, 25143 and 25159.5, Health and Safety Code and Section 15376, Government Code. 
  
 



s 66260.22. Petitions to Include Other Wastes Under Chapter 23.
 (a) Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations contained in chapter 23 of this division shall petition for a regulatory amendment under this section and Government Code section 11340.6.
(b) To be successful, the petitioner shall demonstrate to the satisfaction of the Director that regulation under the Universal Waste Rule contained in chapter 23 of this division:
(1) is appropriate for the waste or category of waste;
(2) will improve management practices for the waste or category of waste; and
(3) will improve implementation of the hazardous waste program.
(c) The petition shall include the information, in writing, required by  Government Code section 11340.6.
(d) The petition shall address as many of the factors listed in section 66260.23 as are appropriate for the waste or waste category addressed in the petition.
(e) The Director will evaluate and grant or deny petitions using the factors listed in section 66260.23 and the petition review process specified in Government Code section 11340.7. The decision will be based on the weight of evidence showing that regulation under chapter 23 of this division is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the hazardous waste program.
 
  Note: Authority cited: Sections 25159 and 58012, Health and Safety Code. Reference: Section 25159.5, Health and Safety Code; and 40 CFR Section 273.80. 
  
 



s 66260.23. Factors for Petitions to Include Other Wastes Under Chapter 23.
The Director will evaluate petitions submitted under section 66260.22 using the following factors:
(a) The waste or category of waste, as generated by a wide variety of generators, is listed in article 4 of chapter 11 of this division, or if not listed, a proportion of the waste stream exhibits one or more characteristics of hazardous waste identified in article 3 of chapter 11 of this division. [When a characteristic waste is added to the universal waste regulations in chapter 23 by using a generic name to identify the waste category (e.g., batteries), the definition of universal waste in section 66273.9 of chapter 23 will be amended to include only hazardous waste portions of the waste category (e.g., hazardous waste batteries).] Thus, only the portion of the waste stream that exhibits one or more characteristics (i.e., is hazardous waste) is subject to the universal waste regulations of chapter 23;
(b) The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including for example, households, retail and commercial businesses, office complexes, conditionally exempt small quantity generators, small businesses, governmental organizations, as well as large industrial facilities);
(c) The waste or category of waste is generated by a large number of generators and is frequently generated in relatively small quantities by each generator;
(d) Systems to be used for collecting the waste or category of waste (including packaging, marking, and labeling practices) would ensure close stewardship of the waste;
(e) The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes, and specific management standards proposed or referenced by the petitioner (e.g., waste management requirements appropriate to be added to sections 66273.13, 66273.33, and 66273.52; and/or applicable Department of Transportation requirements) would be protective of human health and the environment during accumulation and transport;
(f) Regulation of the waste or waste category under chapter 23 will increase the likelihood that the waste will be diverted from non-hazardous waste management systems (e.g., the municipal wastestream, non-hazardous industrial or commercial wastestream, municipal sewer or stormwater systems) to recycling, treatment or disposal in compliance with this division and division 20 of the California Health and Safety Code;
(g) Regulation of the waste or category of waste under chapter 23 will improve implementation of and compliance with the hazardous waste regulatory program; and/or;
(h) Such other factors as may be appropriate.
 
  Note: Authority cited: Sections 25159 and 58012, Health and Safety Code. Reference: Section 25159, Health and Safety Code; and 40 CFR Section 273.81. 
  
 



s 66260.200. Classification of a Waste as Hazardous or Nonhazardous.
 (a) A waste shall be classified a hazardous waste if it meets the definition of a hazardous waste in section 66261.3.
(b) No person shall deviate from the provisions of this chapter in the management of a hazardous waste, except as provided for in section 66260.200(f) or section 66260.210.
(c) It shall be the generator's responsibility to determine if the waste is classified as a hazardous waste pursuant to section 66260.200(a). If the generator determines that the waste is hazardous, the waste shall be managed pursuant to the provisions of this division. If the generator determines that the waste is nonhazardous, the generator, except as provided for in section 66260.200(f), may either proceed to manage the waste as nonhazardous or apply to the Department for concurrence with the nonhazardous determination through the notification procedure set forth in section 66260.200(d) before managing the waste as nonhazardous. A generator who incorrectly determines that a hazardous waste is nonhazardous and fails to manage the waste pursuant to the provisions of this division is in violation of the requirements of this division and is subject to enforcement action.
(d) If a person chooses to obtain departmental concurrence with the nonhazardous waste determination, a notification shall be submitted to the Department which includes all information required by section 66260.200(m). Pending concurrence by the Department pursuant to section 66260.200(e), that person shall manage the waste as hazardous waste.
(e) The Department, within 30 days of receipt of a notification pursuant to section 66260.200(d), shall acknowledge in writing receipt of the notification. Within 60 days of receipt of a notification, the Department shall notify the sender of the notification in writing that concurrence with that person's classification of the waste as nonhazardous is approved, disapproved, or that the notification is incomplete or inadequate and what additional information is needed. Upon receipt of the additional information, the Department, within 60 days of receipt of the additional information, shall notify the sender of the notification in writing that concurrence of that person's classification of the waste as nonhazardous is approved or disapproved. The notification shall be considered disapproved if the sender of the notification fails to provide the additional information within 90 days from the date the information was requested. However, that person may request in writing an extension, up to 90 days, within which the information shall be submitted or the notification shall be considered disapproved.
(f) If a person wishes to classify and manage as nonhazardous a waste which would otherwise be a non-RCRA hazardous waste because it has mitigating physical or chemical characteristics which render it insignificant as a hazard to human health and safety, livestock and wildlife, that person shall apply to the Department for its approval to classify and manage the waste as nonhazardous. The application for approval shall include the information required by section 66260.200(m). The Department, within 30 days of receipt of the application, shall acknowledge in writing receipt of the application. Pending written approval by the Department, the applicant shall manage the waste as hazardous waste. Within 60 days of receipt of an application, the Department shall notify the applicant in writing that the application for classification and management of the waste as nonhazardous is approved, disapproved, or that the application is incomplete or inadequate and what additional information is needed. Upon receipt of the additional information, the Department, within 60 days of receipt of the additional information, shall notify the applicant in writing that the application for classification and management of the waste as nonhazardous is approved or disapproved. The application shall be considered disapproved if the applicant fails to provide the additional information in writing 90 days fromthe date the information was requested. However, the applicant may request, in writing, an extension up to 90 days, within which the information shall be submitted or the application shall be considered disapproved.
(g) The Department may find that the notification submitted by a person pursuant to section 66260.200(d) or the application submitted pursuant to section 66260.200(f) is incomplete or inadequate for reasons which may include any of the following:
(1) the application is not complete or there is insufficient information on which to classify the waste; or
(2) the methods used in testing or analyzing the waste are not those prescribed in chapter 11 of this division, or have not been approved by the Department pursuant to section 66260.21(a) as alternative methods; or
(3) sampling and sample management were not in accord with Appendix I of chapter 11 and Table 3 of Appendix III of chapter 11; or
(4) representative samples of the waste are required pursuant to section 66260.200(k) in order that the Department may independently assess the properties of the waste.
(h) If the Department disapproves of a person's determination that a waste is nonhazardous or a person's application to manage as nonhazardous a waste which would otherwise be a non-RCRA hazardous waste, the Department shall give in writing the reason for the disapproval.
(i) If the Department at any time finds that the information submitted or generated for a determination pursuant to section 66260.200(c), a concurrence pursuant to section 66260.200(d) or an approval pursuant to 66260.200(f) was erroneous for any of the following reasons, the Department may notify that person in writing of the deficiencies:
(1) the results given in the laboratory report or other submitted data demonstrate that the waste is hazardous pursuant to the criteria given in chapter 11 of this division; or
(2) fraudulently derived information is utilized or included; or
(3) analysis or testing of the waste performed by the Department or other agencies or information available to the Department demonstrates that the waste is hazardous according to the criteria given in chapter 11 of this division.
(j) A person, upon receipt of such notice under section 66260.200(i), shall immediately cease managing the subject waste as a nonhazardous waste and shall manage the waste as hazardous waste.
That person may submit to the Department an amended notification or application. Within 30 days of receipt of an amended notification or application, the Department shall acknowledge in writing receipt of the amended notification or application. Within 60 days of receipt of an amended notification or application, the Department shall notify the sender of the notification or the applicant in writing that the notification or application is approved, disapproved, or that the notification or application is incomplete or inadequate and what additional information is needed. Upon receipt of the additional information, the Department, within 60 days of receipt of the additional information, shall notify the sender of the notification or the applicant in writing that the notification or application is approved or disapproved. The notification or application shall be considered disapproved if the additional information is not provided within 90 days from the date the information was requested. However, the sender of the notification or the applicant may request in writing an extension, up to 90 days, within which the information shall be submitted or the notification or application shall be considered disapproved.
(k) Not later than 60 days after receipt of an adequate notification or application under section 66260.200(d) or (f), the Department may request representative samples of wastes. The sender of the notification or the applicant shall maintain representative samples for that period of time. The quantity of sample submitted shall be adequate to conduct verification tests. Samples shall be collected, packaged, transported and stored in accordance with the sample management procedures in "Test Methods for Evaluating Solid Waste, Physical and Chemical Methods" (SW-846), Third Edition, incorporated by reference in section 66260.11.
(l ) If the waste changes so that the prior notification or application as nonhazardous no longer adequately assesses the waste by the criteria which may render it hazardous, the waste shall be managed as hazardous.
(m) A person seeking Department concurrence with a nonhazardous determination or approval to classify and manage as nonhazardous a waste which would otherwise be a non-RCRA hazardous waste shall supply the following information to the Department:
(1) name, mailing and billing address, location, contact person and phone number for the generating facility;
(2) A description of the waste including a physical description, quantities produced per unit time, a detailed description of the generating process and current waste disposal method;
(3) information on the sampling of the waste including the name and address of the firm sampling the waste, the name(s) of the person(s) sampling the waste, dates and locations of sample collection and a description of the sampling methodology and sample handling and preservation procedures;
(4) testing laboratory information including the name, address, and certification number of the testing laboratory, the test methods used and references for locating these methods, the name(s) and qualifications of the person(s) testing the waste, the method for preparation of laboratory samples from field samples and information needed to identify each sample;
(5) laboratory results including results from all tests required by chapter 11 of this division and a listing of the waste's constituents. Results shall include analyses from a minimum of four representative samples as specified in chapter 9 of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd Edition, U.S. Environmental Protection Agency, 1986 (incorporated by reference in section 66260.11 of this chapter);
(6) certification of the veracity of the information submitted, signed and dated by a person who is the responsible manager of the facility.
(n) Notwithstanding the time frames specified above, the Department shall not notify the applicant of the Department's decision regarding a notification submitted pursuant to subsection (d) of this section or an application submitted pursuant to subsection (f) of this section until the California Board of Equalization receives the fee assessed pursuant to Health and Safety Code section 25205.8.
 
  Note: Authority cited: Sections 208, 25141 and 25150, Health and Safety Code and Section 15376, Government Code. Reference: Sections 25205.8, 25141 and 25143, Health and Safety Code and Section 15376, Government Code. 
  
 



s 66260.201. Classification of an Electronic Device as a Covered Electronic Device.
 (a) Subsequent to the dates set forth in Health and Safety Code section 25214.10.1, subdivision (d)(1) or (2) as appropriate, an electronic device that is listed in subdivision (c) of Appendix X to Chapter 11 shall be managed as a "covered electronic device" under chapter 8.5 of part 3 of division 30 of the Public Resources Code (section 42460 et seq.) unless the manufacturer of the device has obtained the Department's concurrence that the device is nonhazardous pursuant to subsection (d). Upon issuance of the department's concurrence, the electronic device shall cease to be a covered electronic device. Health and Safety Code section 25214.10.1, subdivision (e)(1) prescribes the date on which the device is no longer subject to management under chapter 8.5.
(b)(1) Each manufacturer of electronic devices sold in the State shall determine if it produces any device(s) of the types listed in subdivision (c) of Appendix X of Chapter 11, and if so, shall send an annual notice to retailers and the Board of Equalization pursuant to Health and Safety Code section 25214.10.1, subdivision (c)(1) and (c)(2). The notice shall include all covered electronic devices listed in Appendix X of Chapter 11 that are manufactured by the manufacturer and shall include the information specified in subsection (b)(3) below.
(2) A manufacturer who distributes any covered electronic device for which a notice was not provided as required in subsection (b)(1), shall provide the notice to the retailer(s) no later than the date the retailer(s) first receives the covered electronic device. A manufacturer who provides a notice pursuant to subsection (b)(2) remains subject to penalties for any noncompliance with subsection (b)(1) above.
(3) The identification of the covered electronic devices in the notice shall include:
(A) The brand name (or brand names) of each of the covered electronic devices,
(B) A general description of each of the covered electronic devices (e.g., CRT-television, laptop computer, LCD monitor, etc.),
(C) The viewable screen size for each covered electronic device. As used in this section, viewable screen size means the diagonal measurement of the output surface, as viewed by the operator of the covered electronic device, excluding any plastic, wood, metal, or other bezel material that surrounds the video display surface.
(D) At least one of the following: the product group or family, model number or series, part number or series, or a similar descriptor for each covered electronic device that will enable the retailers to determine that the electronic device is a covered electronic device. For example, a notification could include a statement such as "All (brand name) XYZ series, 15-inch through 21-inch, LCD-desktop computer monitors and all bundled computer systems containing these monitors," rather than delineating each XYZ monitor individually.
(c) A manufacturer who incorrectly determines that a product it produces is not a listed device or fails to make a notification pursuant to this subsection is in violation of the requirements of this division.
(d) A manufacturer may determine that it produces an electronic device that is listed in subdivision (c) of Appendix X of Chapter 11 that is nonhazardous and apply to the Department for concurrence with its non-hazardous determination through the procedure set forth in section 66260.200(d).
 
  Note: Authority cited: Sections 25140, 25141, 25214.9 and  25214.10.2, Health and Safety Code; and Sections 42475 and 42475.2, Public Resources Code. Reference: Sections 25140, 25141, 25214.9 and 25214.10.1, Health and Safety Code; and Sections 42463(f)(1) and 42464, Public Resources Code. 
  
 



s 66260.210. Variances.
 (a) The department may grant a variance from one or more of the requirements of this division and chapter 6.5 of division 20 of the Health and Safety Code pursuant to Health and Safety Code section 25143.
(b) The Department shall within 60 calendar days after receipt of an application for a variance inform the applicant in writing that the application is complete and accepted for filing, or that the application is incomplete and what specific information is required for the application to be submitted in a complete form. The Department shall, within 60 days of determining that an application is complete, inform the applicant in writing that variance is granted or denied.
(c) If the variance requested is denied, the Department shall provide to the applicant in writing the reason for the denial.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code and Section 15376, Government Code. Reference: Sections 25141 and 25143, Health and Safety Code and Section 15376, Government Code. 
  
 



s 66261.1. Purpose and Scope.
 (a) This chapter identifies those wastes which are subject to regulation as hazardous wastes under this division and which are subject to the notification requirements of Health and Safety Code section 25153.6. In this chapter:
(1) article 1 defines the terms "waste" and "hazardous waste," identifies those wastes which are excluded from regulation under this division, and establishes special management requirements for hazardous waste which is recycled and establishes rules for classifying and managing contaminated containers;
(2) article 2 sets forth the criteria used by the Department to identify characteristics of hazardous waste;
(3) article 3 identifies characteristics of hazardous waste;
(4) article 4 lists particular hazardous wastes;
(5) article 4.1 lists other hazardous wastes;
(6) article 5 identifies categories of hazardous waste including RCRA hazardous waste, non-RCRA hazardous waste, extremely hazardous waste, and special waste, and establishes criteria and management standards for special waste and extremely hazardous waste;
(b)(1) The definition of waste contained in this chapter applies only to wastes that also are hazardous pursuant to this division and chapter 6.5 of division 20 of the Health and Safety Code. It does not apply to materials (such as non-hazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes.
(2) This chapter identifies only some of the materials which are wastes and hazardous wastes for the purposes of Health and Safety Code sections 25185 and 25187.1. A material which is not defined as a waste or identified as a hazardous waste pursuant to this chapter, is still a waste and a hazardous waste for purposes of Health and Safety Code sections 25185 and 25187.1, if the Department has reason to believe that a material may be a waste within the meaning of Health and Safety Code section 25124 and a hazardous waste within the meaning of Health and Safety Code section 25117.
 
  Note: Authority cited: Sections 25140, 25141, 25150, 25159 and  58012, Health and Safety Code. Reference: Sections 25117, 25124, 25140, 25141, 25159, 25159.5, 25185 and 25187.1, Health and Safety Code and 40 CFR Section 261.1. 
  
 



s 66261.2. Definition of Waste.
 (a) "Waste" means any discarded material of any form (for example, liquid, semi-solid, solid or gaseous) that is not excluded by section 66261.4(a) or section 66261.4(e) or that is not excluded by Health and Safety Code section 25143.2(b) or Health and Safety Code section 25143.2(d).
(b) A discarded material is any material which is any of the following:
(1) relinquished as explained in subsection (c) of this section; or
(2) recycled, as explained in subsection (d) of this section; or
(3) considered inherently waste-like, as explained in paragraph (e) of this section.
(c) A material is a waste if it is relinquished by being any of the following:
(1) disposed of;
(2) burned or incinerated;
(3) accumulated, stored or treated, but not recycled, before or in lieu of, being relinquished by being disposed of, burned or incinerated.
(d) A material is a waste if it is recycled, or accumulated, stored or treated before recycling, by being managed:
(1) through being used in a manner constituting disposal:
(A) materials noted with an "*" in column 1 of Table I are wastes when they are:
1. applied to or placed on the land in a manner that constitutes disposal; or
2. used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself is a waste);
(B) however, commercial chemical materials listed in section 66261.33, which are discarded commercial chemical products, off-specification species, container residues, or spill residues thereof, and which are applied to the land and application to the land is their ordinary manner of use are non-RCRA hazardous wastes. Commercial chemical products which are "retrograde materials" as defined in section 66260.10 are not wastes until they become "recyclable materials" pursuant to subsection (e) of the definition of "recyclable materials" in section 66260.10;
(2) through being burned for energy recovery:
(A) materials noted with an "*" in column 2 of Table 1 are wastes when they are:
1. burned to recover energy;
2. used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself is a waste);
(B) however, commercial chemical materials listed in section 66261.33, which are discarded commercial chemical products, off-specification species, container residues, or spill residues thereof, and which are fuels are non-RCRA hazardous wastes. Commercial chemical products which are "retrograde materials" as defined in section 66260.10 are not wastes until they become "recyclable materials" pursuant to subsection (e) of the definition of "recyclable materials" in section 66260.10
(3) through being reclaimed: materials noted with an "*" or "**" in column 3 of Table 1 are wastes when reclaimed;
(4) through being accumulated speculatively: materials noted with an "*" or  "**" in column 4 of Table 1 are wastes when accumulated speculatively.
TABLE 1
 
                    Use
                    Constituting   Energy      Speculative
                    Disposal       Recovery/Fuel  Reclamation    Accumulation
                    66261.2(d)(1)  66261.2(d)(2)  66261.2(d)(3)  66261.2(d)(4)
Column              (1)            (2)            (3)      (4)
Spent
Materials           *              *              *      *
Sludges (listed in
section 66261.31
or 66261.32)        *              *              *      *
Sludges exhibiting
a characteristic
of hazardous
waste               *              *              **      *
By-products
(listed in
section 66261.31
or 66261.32)        *              *              *      *
By-products
exhibiting a
characteristic
of hazardous
waste               *              *              **      *
Commercial
chemical products
(listed in
section 66261.33)   *              *              **      **
 
Note:   The terms "spent materials," "sludges," and "by-products" are defined in section 66260.10.
* Except as provided in sections 66261.2(d)(1)(B) and 66261.2(d)(2)(B), a material designated by a single asterisk in Column (1), (2), (3), or (4) is a waste which is not eligible to be classified as a non-RCRA hazardous waste.
** Unless exempt pursuant to Health and Safety Code section 25143.2(d), a material designated with a double asterisk in Column (3) or (4) which is identified as a hazardous waste pursuant to section 66261.3 is a non-RCRA hazardous waste. Commercial chemical products which are "retrograde materials" as defined in section 66260.10 are not wastes until they become "recyclable materials" pursuant to subsection (e) of the definition of "recyclable materials" in section 66260.10.
(e) A material is a waste if it is inherently waste-like when it is recycled. The following materials are wastes when they are recycled:
(1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026 and F028.
(2) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in articles 3 or 4 of this chapter, except for brominated material that meets the following criteria:
(A) The material must contain a bromine concentration of at least 45%; and
(B) The materials must contain less than a total of 1% of toxic organic compounds listed in appendix VIII; and
(C) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping).
(f) A material is a waste if it poses a threat to human health or the environment and meets either, or both, of the following:
(1) it is mislabeled or not adequately labeled, unless the material is correctly labeled or adequately labeled within 10 days after the material is discovered to be mislabeled or inadequately labeled;
(2) it is packaged in deteriorated or damaged containers, unless the material is contained in sound or undamaged containers within 96 hours after the containers are discovered to be deteriorated or damaged.
(g) Respondents in actions to enforce regulations implementing this division who claim that a certain material is not a waste or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners and operators of facilities claiming that they are recycling materials must show that they have the necessary equipment to do so.
 
  Note: Authority cited: Sections 25141, 25150, 25159, 25159.5,  58004 and  58012, Health and Safety Code. Reference: Sections 25120.5, 25121, 25124, 25143.2, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 261.2. 
  
 



s 66261.3. Definition of Hazardous Waste.
 (a) A waste, as defined in section 66261.2, is a hazardous waste if:
(1) it is not excluded from classification as a waste or a hazardous waste under Health and Safety Code section 25143.2(b) or 25143.2(d) or section 66261.4; and
(2) it meets any of the following criteria:
(A) it exhibits any of the characteristics of hazardous waste identified in article 3 of this chapter except that any mixture of a waste from the extraction, benefication, and processing of ores and minerals excluded under 40 CFR section 261.4(b)(7) and any other solid waste exhibiting a characteristic of hazardous waste under Article 3 of this chapter only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentrations for any contaminant listed in table I to section 66261.24 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture;
(B) it is listed in article 4 of this chapter and has not been excluded by the USEPA Administrator from 40 CFR Part 261 Subpart D pursuant to 40 CFR sections 260.20 and 260.22;
(C) it is listed in or contains a constituent listed in Appendix X to this chapter. However, the waste is not a hazardous waste if:
1. it is determined that the waste does not meet the criteria of subsection  (a)(2)(B) of this section; and
2. it is determined that the waste does not meet the criteria of subsection  (a)(2)(A) of this section by:
i. testing the waste according to the methods set forth in article 3 of this chapter, or according to an equivalent method approved by the Department pursuant to section 66260.21; or
ii. applying knowledge of the hazardous properties of the waste in light of the materials or the processes used and the characteristics set forth in article 3 of this chapter;
(D) it is listed in article 4.1 of this chapter;
(E) it is a mixture of a hazardous waste that is listed in article 4 of this chapter other than a hazardous waste listed with hazard code (T) or (H), and another waste, unless the resultant mixture no longer exhibits any characteristic of hazardous waste identified in article 3 of this chapter. However, nonwastewater mixtures are still subject to the requirements of chapter 18 of this division, even if they no longer exhibit a characteristic at the point of land disposal;
(F) it is a mixture of a waste and one or more hazardous wastes listed in article 4 of this chapter which has not been excluded by the USEPA Administrator from 40 CFR Part 261 Subpart D pursuant to 40 CFR sections 260.20 and 260.22. However, the following mixtures of wastes and hazardous wastes listed in article 4 of this chapter are not hazardous wastes (except by application of subsection (a)(2)(A) or (a)(2)(B) of this section) if the generator can demonstrate that the mixture consists of wastewater, the discharge of which is subject to regulation under either section 402 or section 307(b) of the Clean Water Act (including wastewater at facilities which have eliminated the discharge of wastewater), and:
1. one or more of the following spent solvents listed in section 66261.31 - carbon tetrachloride, tetrachloroethylene, trichoroethylene - provided, that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 1 part per million; or
2. one or more of the following spent solvents listed in section 66261.31 - methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents - provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 25 parts per million; or
3. heat exchanger bundle cleaning sludge from the petroleum refining industry  (EPA Hazardous Waste No. K050); or
4. a discarded commercial chemical product, or chemical intermediate listed in section 66261.33 arising from "de minimis" losses of these materials from manufacturing operations in which these materials are used as raw materials or are produced in the manufacturing process. For purposes of this subsection, "de minimis" losses include those from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing; or
5. wastewater resulting from laboratory operations containing toxic (T) wastes listed in article 4 of this chapter, provided that the annualized average flow of laboratory wastewater does not exceed one percent of total wastewater flow into the headworks of the facility's wastewater treatment or pretreatment system, or provided the wastes, combined annualized average concentration does not exceed one part per million in the headworks of facility's wastewater treatment or pretreatment facility. Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation; or
6. One or more of the following wastes listed in 40 CFR s 261.32-wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157)-Provided that the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine (including all amounts that can not be demonstrated to be reacted in the process, destroyed through treatment, or is recovered, i.e., what is discharged or volatilized) divided by the average weekly flow of process wastewater prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 parts per million by weight; or
7. Wastewaters derived from the treatment of one or more of the following wastes listed in 40 CFR s 261.32-organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156).- Provided, that the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 milligrams per liter.
(G) it is not classified as a hazardous waste by application of the criteria in subsections (a)(2)(A) through (a)(2)(F) of this section, but has been classified as a hazardous waste by the Department because it otherwise conforms to the definition of hazardous waste set forth in Health and Safety Code section 25117.
(b) A waste which is not excluded from classification as a waste or hazardous waste under the provisions of section 66261.4(b) or Health and Safety Code section 25143.2(b) or 25143.2(d) becomes a hazardous waste when any of the following events occur:
(1) In the case of a waste listed in article 4 of this chapter, when the waste first meets the listing description set forth in article 4 of this chapter;
(2) In the case of a waste listed in article 4.1 of this chapter, when the waste first meets the listing description set forth in article 4.1 of this chapter;
(3) In the case of a mixture of waste and one or more hazardous wastes listed in article 4 of this chapter, when the hazardous waste listed in article 4 of this chapter is first added to the waste.
(4) In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in article 3 of this chapter.
(c)(1) A hazardous waste will remain a hazardous waste unless and until it meets the criteria of subsection (d) of this section. Except as otherwise provided in subsections (c)(2), (c)(3), (c)(4), and (c)(5) of this section, any waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust or leachate including precipitation run-off is a hazardous waste. (However, materials that are reclaimed from wastes and that are used beneficially are not wastes and hence are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.)
(2) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC Codes 331 and 332) is not hazardous even though it is generated from the treatment, storage, or disposal of a hazardous waste, unless it exhibits one or more of the characteristics of hazardous waste.
(3)(A) Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces (as defined in section 66260.10, for "Industrial furnace", (f), (g) and (l)), that are disposed in RCRA Subtitle D units, provided that these residues meet the generic exclusion levels identified below for all constituents, and exhibit no characteristics of hazardous waste, as identified in article 3 of Chapter 11 of division 4.5, Title 22, CCR. Testing requirements shall be incorporated in a facility's waste analysis plan; at a minimum, composite samples of residues shall be collected and analyzed quarterly and/or when the process or operation generating the waste changes. Persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements.
Constituent                                 Maximum for any single
composite sample - TCLP mg/L
Generic exclusion levels for K061 and K062
nonwastewater HTMR residues
Antimony                                    0.10
Arsenic                                     0.50
Barium                                      7.6
Beryllium                                   0.010
Cadmium                                     0.050
Chromium (total)                            0.33
Lead                                        0.15
Mercury                                     0.009
Nickel                                      1.0
Selenium                                    0.16
Silver                                      0.30
Thallium                                    0.020
Zinc                                        70
Constituent                                 Maximum for any single
composite sample - TCLP mg/L
Generic exclusion levels for F006
nonwastewater HTMR residues
Antimony                                    0.10
Arsenic                                     0.50
Barium                                      7.6
Beryllium                                   0.010
Cadmium                                     0.050
Chromium (total)                            0.33
Constituent                                 Maximum for any single
composite sample - TCLP mg/L
Generic exclusion levels for F006
nonwastewater HTMR residues
Cyanide (total)(mg/kg)                      1.8
Lead                                        0.15
Mercury                                     0.009
Nickel                                      1.0
Selenium                                    0.16
Silver                                      0.30
Thallium                                    0.020
Zinc                                        70
 
(B) A one-time notification and certification shall be placed in the facility's files and sent to the Department for K061, K062 or F006 HTMR residues that meet the generic exclusion levels for all constituents and do not exhibit any characteristics in article 3 of chapter 11 that are sent to a RCRA subtitle D unit. The notification and certification that is placed in the generators or treaters files shall be updated if the process or operation generating the waste changes and/or if the 40 CFR subtitle D unit receiving the waste changes. However, the generator or treater need only notify the Department on an annual basis if such changes occur. Such notification and certification should be sent to the Department by the end of the calendar year, but no later than December 31.
The notification shall include the following information: (1) The name and address of the RCRA Subtitle D unit receiving the waste shipment; (2) the EPA hazardous waste number(s) and treatability group(s) at the initial point of generation; and (3) the  treatment standards applicable to the waste at the initial point of generation. The certification shall be signed by an authorized representative and shall state as follows: "I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste, as identified in article 3 of chapter 11 of division 4.5, Title 22, CCR, is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."
(4) Biological treatment sludge from the treatment of one of the following wastes listed in 40 CFR s 261.32 - organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156), and wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157) - is not a hazardous waste even though it is generated from the treatment, storage, or disposal of a hazardous waste, unless it exhibits one or more of the characteristics of hazardous waste.
(5) Waste consisting of only material derived from the treatment or recycling of one or more hazardous wastes listed in article 4.1 of this chapter is not a hazardous waste, provided the material does not exhibit any of the characteristics identified in article 3 of this chapter, and does not meet any listing description in article 4.1 of this chapter.
(d) Any waste described in subsection (c) of this section is not a hazardous waste if it meets all of the following criteria:
(1) the waste does not exhibit any of the characteristics of hazardous waste identified in article 3 of this chapter; (however, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of chapter 18, even if they no longer exhibit a characteristic at the point of land disposal,)
(2) in the case of a waste which is a waste listed in article 4 of this chapter, contains a waste listed under article 4 of this chapter or is derived from a waste listed in article 4 of this chapter (but not including precipitation run off), the waste also has been excluded by the USEPA Administrator from the lists of hazardous wastes in 40 CFR Part 261 Subpart D pursuant to 40 CFR sections 260.20 and 260.22, and
(3) the waste is not listed in article 4.1.
(e) Notwithstanding subsections (a) through (d) of this section and provided the debris as defined in section 66260.10 of chapter 10 of this division does not exhibit a characteristic identified in article 3 of chapter 11, the following materials are not subject to regulation under chapters 10, 11 to 16, 18 or 20 of this division;
(1) Hazardous debris as defined in section 66260.10 of chapter 10 of this division that has been treated using one of the required extraction or destruction technologies specified in Table 1 of section 66268.45; persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements; or
(2) Debris as defined in 66260.10 of chapter 10 of this division that the Department considering the extent of contamination, has determined is no longer contaminated with hazardous waste.
 
  Note: Authority cited: Sections 25141, 25150, 25159, 25159.5,  25179.6, 58004 and 58012,  Health and Safety Code. Reference: Sections 25117, 25141, 25143.1, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 261.3. 
  
 



s 66261.4. Exclusions.
 (a) Materials which are not wastes. The following materials are not wastes for the purpose of this chapter:
(1) industrial wastewater discharges that are point source discharges subject to regulation under section 402 of the federal Clean Water Act, as amended (33 U.S.C. section 1342). This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment;
(2) source, special nuclear or by-product material as defined by the federal Atomic Energy Act of 1954, as amended, (42 U.S.C. section 2011 et seq.);
(3) spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in section 66260.10.
(4) pulping liquors (e.g., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless accumulated speculatively as defined in 66260.10.
(5) secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided:
(A) only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;
(B) reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators);
(C) the materials are never accumulated in such tanks for over twelve months without being reclaimed; and
(D) the reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.
(b) Wastes which are not hazardous wastes. The following wastes are not hazardous wastes:
(1) infectious waste which consists solely of the carcasses of animals, which is not otherwise hazardous, and which is handled, stored and disposed of according to all applicable requirements established by the Department of Food and Agriculture pursuant to provisions of chapter 1, part 1, division 5 (commencing with section 9101) and of chapter 5, part 3, division 9 (commencing with section 19200) of the Food and Agricultural Code;
(2) materials which are exempted or excluded from classification as solid waste or hazardous waste pursuant to 40 CFR section 261.4 if they do not exhibit a characteristic of a hazardous waste as set forth in article 3 of this chapter;
(3) used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
(4) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.
(5)(A) Solid wastes, which meet the criteria for classification as a RCRA hazardous waste set forth in section 66261.100(a)(1), (a)(2), or (a)(3), from the extraction, beneficiation, and processing of ores and minerals (including coal, phosphate rock and overburden from the mining of uranium ore), except as provided by 40 CFR section 266.112 for facilities that burn or process hazardous waste, are not hazardous wastes and are not subject to the requirements of this division or of Chapter 6.5 of Division 20 of the Health and Safety Code. However, these wastes remain subject to Article 9.5 of Chapter 6.5 of the Health and Safety Code if the wastes would otherwise be classified as hazardous wastes pursuant to section 25117 of the Health and Safety Code or pursuant to this division. For purposes of this paragraph, beneficiation of ores and minerals is restricted to the following activities: Crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water and/or carbon dioxide; roasting; autoclaving, and/or chlorination in preparation for leaching (except where the roasting (and/or autoclaving and/or chlorination)/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching. For the purpose of this paragraph, solid waste from the processing of ores and minerals includes only the following wastes:
1. Slag from primary copper processing;
2. Slag from primary lead processing;
3. Red and brown muds from bauxite refining;
4. Phosphogypsum from phosphoric acid production;
5. Slag from elemental phosphorus production;
6. Gasifier ash from coal gasification;
7. Process wastewater from coal gasification;
8. Calcium sulfate wastewater treatment plant sludge from primary copper processing;
9. Slag tailings from primary copper processing;
10. Fluorogypsum from hydrofluoric acid production;
11. Process wastewater from hydrofluoric acid production;
12. Air pollution control dust/sludge from iron blast furnaces;
13. Iron blast furnace slag;
14. Treated residue from roasting/leaching of chrome ore;
15. Process wastewater from primary magnesium processing by the anhydrous process;
16. Process wastewater from phosphoric acid production;
17. Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production;
18. Basic oxygen furnace and open hearth furnace slag from carbon steel production;
19. Chloride process waste solids from titanium tetrachloride production;
20. Slag from primary zinc processing.
(B) Waste from the extraction, benefication, and processing of ores and minerals, as those terms are defined in Health and Safety Code section 25143.1, which would otherwise be classified as a non-RCRA hazardous waste pursuant to section 66261.101, is not subject to the requirements of this division or of Chapter 6.5 of the Health and Safety Code. However, these wastes remain subject to Article 9.5 of Chapter 6.5 of the Health and Safety Code if the wastes would otherwise be classified as hazardous wastes pursuant to section 25117 of the Health and Safety Code or to this division.
(c) hazardous wastes which are exempted from certain regulations. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under this division or to the notification requirements of Health and Safety Code section 25153.6 until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials. The exemption in this subsection applies only to the hazardous waste generated in the above-named tanks, not to the tanks themselves. The tanks remain subject to the requirements of chapter 32 if the tank is a hazardous waste pursuant to article 3 of chapter 11 of this division.
(d) samples;
(1) except as provided in subsection (d)(2) of this section, a sample of  waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this division or to the notification requirements of Health and Safety Code section 25153.6 when:
(A) the sample is being transported to a laboratory for the purpose of testing; or
(B) the sample is being transported back to the sample collector after testing; or
(C) the sample is being stored for less than 90 days by the sample collector before transport to a laboratory for testing; or
(D) the sample is being stored in a laboratory before testing; or
(E) the sample is being stored in a laboratory after testing but before it is returned to the sample collector; or
(F) the sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary).
(2) In order to qualify for the exemption in subsections (d)(1)(A) and  (d)(1)(B) of this section, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector shall:
(A) comply with California Highway Patrol (CHP), U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or
(B) comply with the following requirements if the sample collector determines that CHP, DOT, USPS, or other shipping requirements do not apply to the shipment of the sample:
1. assure that the following information accompanies the sample:
a. the sample collector's name, mailing address, and telephone number;
b. the laboratory's name, mailing address, and telephone number;
c. the quantity of the sample;
d. the date of shipment; and
e. a description of the sample.
2. package the sample so that it does not leak, spill, or vaporize from its packaging.
(3) This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions stated in subsection (d)(1) of this section.
(e) Treatability Study Samples.
(1) Except as provided in paragraph (e)(2) of this section, any person who generates a treatability study sample for the purpose of conducting a treatability study is not subject to Chapter 6.5 of Division 20 of the Health and Safety Code with respect to that sample, except for the requirements of subdivision (e) of Health and Safety Code section 25162, or this division, except for sections 66262.50, 66262.52, and 66262.53 when:
(A) the treatability study sample is being collected and prepared for transportation by the generator or the agent of the generator;
(B) the treatability study sample is being accumulated or stored by the generator or the agent of the generator prior to transportation to a laboratory or testing facility; or,
(C) the treatability study sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.
(2) The exemption specified in paragraph (e)(1) of this section applies to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies only if all of the following conditions are met:
(A) the treatability study sample mass is not more than 400 kilograms (kg) of any hazardous waste that is not an extremely hazardous waste, 1 kg of extremely hazardous waste, or 250 kg of soil, water, or debris contaminated with extremely hazardous waste, for each process being evaluated for each generated hazardous waste stream,
(B) the treatability study sample is retained at the site of generation for not longer than one year and not more than 10 days elapse between when the treatability study sample is shipped to the laboratory or testing facility and when it is received at the laboratory or testing facility,
(C) the generator or the agent of the generator retains responsibility for the recycling or disposal of the treatability study sample or its residues after the treatability study is completed;
(D) at all times during accumulation and storage, the treatability study samples are in containers that are marked clearly with the words "treatability study sample," that are in a good, nonleaking condition and that are clearly labeled with all of the following information:
1. the composition and physical state of the material;
2. a statement that calls attention to the particular hazardous properties of the treatability study sample;
3. the name and address of the generator of the treatability study sample; and
4. the date the treatability study sample was first placed in the containers.
(3) each treatability study sample may be transported only if the treatability study sample complies with all of the following:
(A) the treatability study sample is packaged so that it will not leak, spill, or vaporize from its packaging during shipment, complies with all shipping requirements of the Department of Transportation, United States Postal Service, or any other applicable shipping requirements, and, at a minimum, is accompanied by all of the following information:
1. the name, mailing address, telephone number, and Environmental Protection Agency identification number, if available, of the generator of the treatability study sample or the agent of the generator.
2. The name, address, telephone number, and EPA number, if available, of the facility that will perform the treatability study.
3. The quantity of the treatability study sample.
4. The date of shipment.
5. A description of the treatability study sample, including its California waste code.
(B) The treatability study sample is shipped to a laboratory or testing facility which has a hazardous waste facilities permit issued pursuant to Health and Safety Code section 25200, is exempt from state hazardous waste facilities permitting requirements pursuant to subsection (f) of section 66261.4 of this title or, if located in another state, is authorized by that state or the Environmental Protection Agency to conduct treatability studies or is exempted pursuant to subsection (f) of Section 261.4 of Title 40 of the Code of Federal Regulations.
(4) A generator or the agent of the generator exempt pursuant to this section shall maintain the following records for three years after completion of the treatability study and shall, if requested by the department before the end of three years, retain the records for up to an additional five years:
(A) Copies of shipping documents.
(B) A copy of the contract with the facility conducting the treatability study.
(C) Documentation showing the amount of waste shipped, the name and address of the laboratory or testing facility that received the waste, the date the shipment was made, and the final disposition of unused portions of samples and residues.
(5) The department may grant an application, on a case-by-case basis, following the submittal of information pursuant to subdivision (e)(6) for an exemption for treatability study samples that exceed the quantity limits specified in subdivision (e)(2)(A), for up to an additional 500 kg of hazardous waste that is not extremely hazardous waste, 1 kg of extremely hazardous waste, and 250 kg of soil, water, or debris contaminated with extremely hazardous waste, to conduct a further treatability study evaluation, if the department finds that the exemption is necessary based on any of the following:
(A) There has been an equipment or mechanical failure during the conduct of a treatability study rendering the treatability study sample unsuited for study.
(B) There is a need to repeat a portion of a previously conducted treatability study.
(C) There is a need to study and analyze alternative techniques within a treatability study and these multiple techniques required greater total sample size.
(D) The treatability study design cannot produce verifiable results without greater quantities of a sample.
(6) A generator applying for an exemption pursuant to subdivision (e)(5) shall submit all of the following information in writing to the department:
(A) The reason why the generator or agent of the generator requires an additional quantity of a treatability study sample for the treatability study.
(B) The quantity of the treatability study sample for which the exemption is requested.
(C) Documentation accounting for all samples of treatability study samples from the waste stream that have previously been sent for, or undergone, treatability studies, including the dates of each previous treatability study sample, the quantity of each previous treatability study sample, the laboratory or testing facility to which each treatability study sample was shipped, what treatability studies were conducted on each treatability study sample shipped, and the results of each treatability study.
(D) If the generator cites paragraph (C) of subdivision (e)(5) as the basis for the exemption, a description of the proposed technique or techniques to be evaluated.
(E) If the generator cites paragraph (A) of subdivision (e)(5) as the basis for the exemption, information regarding the reasons for the failure or breakdown and what procedures or improvements have been made to protect against further breakdowns.
(f) Samples Undergoing Treatability Studies at Laboratories and Testing Facilities;
(1) Except as provided in subdivision (f)(2), Chapter 6.5 of Division 20 of the Health and Safety Code, and division 4.5 of this title, do not apply to any treatability study sample undergroing a treatability study, and those activities of the laboratory or testing facility, including transportable treatment units, conducting a treatability study, that are activities exclusively devoted to, and in support of, the treatability study conducted on a treatability study sample, if all of the following conditions are met:
(A) If a group of two or more transportable treatment units are located at the same site, the requirements specified in subdivision (f)(1) apply to the entire group of transportable treatment units collectively as if the group were one unit.
(B) Not less than 45 days before conducting the treatability study, the facility notifies the department in writing, that it intends to conduct a treatability study pursuant to this subsection.
(C) The laboratory or testing facility conducting the treatability study has an Environmental Protection Agency identification number.
(D) Not more than a total of 250 kg of treatability study samples are subjected to initiation of treatment in all treatability studies in any single day.
(E) The quantity of treatability study samples stored at the facility for the purpose of evaluation in treatability studies does not exceed 400 kg, the total of which may include not more than 200 kg of soil, water, or debris contaminated with extremely hazardous waste or 1 kg of extremely hazardous waste.  This quantity limitation does not include either of the following:
1. Treatability study residues.
2. Treatment materials, including nonhazardous waste, added to treatability study samples as received hazardous waste.
(F) Not more than 90 days has elapsed since the treatability study for the treatability study sample was completed, or not more than one year have elapsed since the generator or treatability study sample collector shipped the treatability study sample to the laboratory or testing facility, whichever date first occurs.
(G) The treatability study does not involve the placement of hazardous waste on the land, incineration, or the open burning of hazardous waste.
(H) The facility maintains records for three years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits.  All of the following specific information shall be included for each treatability study conducted:
1. The name, address, and Environmental Protection Agency identification number of the generator or agent of the generator of each treatability study sample.
2. The date the treatability study sample was received.
3. The quantity of treatability study sample accepted.
4. The quantity of treatability study samples in storage each day.
5. The date the treatability study was initiated and the amount of treatability study samples introduced to treatment each day.
6. The date the treatability study was concluded.
7. The date any unused treatability study sample or residues generated from the treatability study were returned to the generator or the agent of the generator or, if sent to a designated facility, the name of the facility and the Environmental Protection Agency identification number.
(I) The facility keeps, onsite, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending three years from the completion date of each treatability study.
(J) The facility prepares and submits a report to the department not later than March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes all of the following information for the previous calendar year:
1. The name, address, and Environmental Protection Agency identification number of the facility conducting the treatability studies.
2. The numbers of, and types, by process, of treatability studies conducted.
3. The names and addresses of persons for whom studies have been conducted, including their Environmental Protection Agency identification numbers.
4.  The total quantity of hazardous waste in storage each day.
5. The quantity and types of hazardous waste subjected to treatability studies.
6. When each treatability study was conducted.
7. The final disposition of residues and unused treatability study samples from each treatability study.
(K) The facility determines whether any unused treatability study sample or residues generated by the treatability study are hazardous waste that are subject to Chapter 6.5 of Division 20 of the Health and Safety Code, and division 4.5 of this title, and, if so, the facility handles the unused treatability study sample or residues in accordance with Chapter 6.5 of Division 20 of the Health and Safety Code, and division 4.5 of this title, unless the residues and unused treatability study samples are returned to the treatability study sample originator, as specified in Health and Safety Code section 25158.2.
(L) The facility notifies the department by letter when the facility is no longer planning to conduct any treatability studies at the site.
(M) All treatability studies shall be initiated within 60 days of the receipt of each treatability study sample.
(2) The requirements of subdivision (e) of Health and Safety Code section 25162, and sections 66262.50, 66262.52, and 66262.53 of this title shall apply to a sample undergoing a treatability study, including those activities of the laboratory or testing facility conducting the treatability study.
(g) controlled substances;
(1) A  conditionally exempt controlled substance, as defined in  paragraph (2) of this subsection, which is managed in accordance with the requirements of paragraph (3) of this subsection, is not a waste for purposes of this division or Health and Safety Code, division 20, chapter 6.5.
(2) For the purposes of this division, a conditionally exempt controlled substance is a "controlled substance", as defined in section 11007 of the Health and Safety Code, which meets all of the following conditions:
(A) the controlled substance is a discarded material (as defined in section 66261.2(b)) which is not excluded from the definition of a "waste" (as defined in section 66261.2(a)), except pursuant to the provisions of this subsection;
(B) the controlled substance is solely a non-RCRA hazardous waste, or the controlled substance or its management is exempt or conditionally exempt from, or is not otherwise regulated pursuant to, RCRA;
(C) the controlled substance was seized by a peace officer, as defined in  section 830 of the Penal Code, or a person exercising the powers of a peace officer pursuant to section 830.8 of the Penal Code or otherwise authorized to exercise the powers of a peace officer pursuant to applicable federal laws; and
(D) the controlled substance was seized from a site other than a clandestine laboratory, or the controlled substance was seized from such a laboratory for use as evidence or as a sample for purposes of testing.
(3) A conditionally exempt controlled substance shall be managed in accordance with the following requirements:
(A) conditionally exempt controlled substances shall be held in containers which are managed in accordance with the requirements of sections 66265.171, 66265.172, 66265.173 and 66265.177;
(B) conditionally exempt controlled substances shall be stored in an area:
1. with ventilation approved by the local fire department,
2. separate from controlled substances which are not conditionally exempt pursuant to this subsection and other chemicals seized from clandestine laboratories, and
3. under the control of employees of a federal, state or local law enforcement agency;
(C) transportation of conditionally exempt controlled substances shall be in accordance with the following requirements:
1. conditionally exempt controlled substances shall be transported by employees of a federal, state or local law enforcement agency;
2. during transportation, the conditionally exempt controlled substances shall be accompanied by a shipping paper which, at a minimum, shall provide the following information:
a. a list of the substances being transported;
b. the type and number of  containers being used to transport each type of substance;
c. the quantity, by weight or volume, of each type of substance being transported (if known);
d. the state(s) (e.g., solid, powder, liquid, semi-liquid, gas, etc.) of each type of substance being transported;
e. the final destination and interim destinations, if any, of the substances;
f. the name and telephone number of an emergency response contact, for use in the event of a spill or other release;
g. the name, address and telephone number of the law enforcement agency from which the shipment originates, the printed name and signature of the peace officer authorizing the shipment, and the date the shipment originates;
h. the name, address, telephone number and signature of the law enforcement agency employee(s) responsible for the custody and security of the substances during transportation; and
i. the name, address and telephone number of the facility which is the final destination of the substances; and
3. in the event of a spill or release of a conditionally exempt controlled substance during transportation, the law enforcement agency employee responsible for the substance during transportation shall take appropriate immediate action to protect human health and the environment (e.g., notify local law enforcement agencies and/or other local emergency response agencies, dike the spill area, etc.). The law enforcement agency employee responsible for the released substance during transportation shall clean up or provide for the clean up of the spilled or released substance, or take such other action as may be required or approved by Federal, State, or local officials to ensure that the release no longer presents a hazard to human health or the environment;
(D) treatment of conditionally exempt controlled substances shall be limited to:
1. incineration in accordance with paragraphs (3)(E)  of this subsection; and
2. the addition of absorbent material to a conditionally exempt controlled substance in a container or the addition of a conditionally exempt controlled substance to absorbent material in a container, in conjunction with incineration pursuant to paragraphs (3)(E) of this subsection;
(E) incineration of conditionally exempt controlled substances pursuant to this subsection shall be subject to the following requirements and limitations:
1. conditionally exempt controlled substances shall be incinerated under the following operating conditions:
a. incineration shall be in an airtight combustion device operated under negative air pressure through the combustion zone;
b. a feed airlock or an equivalent mechanism shall be used to prevent fugitive emissions;
c. the temperature in the combustion zone shall be maintained at or above 1600 degrees Fahrenheit for a minimum residence time of one second;
d. when only controlled substances are being incinerated, the controlled substance feed rate shall be between 25 percent and 75 percent of the incinerator's thermal design capacity;
e. when controlled substances are being incinerated with other materials, the total feed rate shall be greater than 40 percent, and no more than 100 percent, of the incinerator's thermal design capacity; and
f. if the incineration facility is not equipped with emissions control devices  (e.g., scrubbers), the controlled substances feed rate shall be limited to 40 pounds per hour; and
2. the incineration facility shall comply with all applicable Federal, State and local regulatory agency requirements;
(F) all law enforcement agency and incinerator facility personnel who handle conditionally exempt controlled substances shall complete health and safety training equivalent to the training required under Title 8, CCR, section 5194, within six months after the effective date of these regulations.  No personnel shall be newly assigned to handle conditionally exempt controlled substances after the effective date of these regulations until they have completed the required health and safety training.
(4) Except as provided in paragraph (3) of this subsection, conditionally exempt controlled substances shall be stored, transported, treated and disposed of as hazardous waste in accordance with the requirements of this division and Health and Safety Code, division 20, chapter 6.5.
(5) Any controlled substance, as defined in section 11007 of the Health and Safety Code, which is not a hazardous waste, pursuant to section 66262.11, is not subject to the requirements of this division.
 
  Note: Authority cited: Sections 25141, 25150, 25158.4, 25159,  25159.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25117, 25124, 25141, 25143, 25143.1, 25143.2, 25143.4(a), 25143.11, 25158.2, 25158.3, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 261.4. 
  
 



s 66261.6. Requirements for Recyclable Materials.
 (a)(1) Recyclable materials are subject to the applicable requirements for generators, transporters and facilities of articles 1 and 2 of chapter 16 of this division, except as specified otherwise for the materials listed in subsections (a)(2), (a)(3), (a)(4), (a)(5), and (a)(6) of this section.
(2) The following recyclable materials are also regulated under the articles  (of chapter 16 of this division) specified below, and all applicable provisions in chapters 20 and 21 of this division:
(A) [RESERVED];
(B) hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated under article 15 of chapter 14 or 15 of this division are regulated under article 8 of chapter 16 of this division.
(C) spent lead-acid storage batteries that are being reclaimed are regulated under article 7 of chapter 16 of this division;
(D) recyclable materials that are being used in agriculture are regulated under article 8.5 of chapter 16 of this division;
(E) waste elemental mercury that is being recycled is regulated under article 9 of chapter 16 of this division.
(3) The following are not subject to regulation under this division, and are not subject to the notification requirements of Health and Safety Code section 25153.6:
(A) materials that can be shown to be recycled by methods identified in subdivisions (b), (c) or (d) of Health and Safety Code section 25143.2; and
(B) scrap metal as defined in section 66260.10. However, scrap metal that meets the definition of a RCRA hazardous waste is not subject to regulation under this division and is not subject to the notification requirements of Health and Safety Code section 25153.6, only when the scrap metal is being recycled; and
(C) hazardous wastes that exhibit the characteristic of toxicity specified in section 66261.24(a)(1) and do not exhibit any other characteristic of a hazardous waste specified in article 3 of this chapter (commencing with section 66261.20), are not listed in article 4 of this chapter (commencing with section 66261.30), and that qualify as one of the materials specified in 40 CFR section 261.6(a)(3) (incorporated by reference in section 66260.11).
(4) The following are prohibited as specified:
(A) the use of material (e.g., waste, used oil or other material) which is contaminated with dioxin or any other hazardous waste (other than a waste identified solely on the basis of ignitability), for dust suppression or road treatment is prohibited;
(B) the use of used oil as a road oil, dust suppressant or weed control agent is prohibited, except as provided otherwise in Health and Safety Code section 25250.5.
(5) The following hazardous waste, when recycled, is exempt from the restrictions concerning the materials used in a manner constituting disposal or used to produce products that are applied to the land, as provided in Section 25143.2(e) of the Health and Safety Code.
(A) Spent catalyst generated from the Fluid Catalytic cracking (FCC) unit in a petroleum refinery when it is recycled at portland cement kilns as the substitute of alumina and silica in the kiln feed. The concentration of the extractable heavy metals in the FCC catalyst shall not exceed the values given in Table I-C CCWE, Section 66268.106(a) except for nickel and vanadium. The total concentration of nickel and vanadium in the FCC catalyst shall not exceed 3,000 mg/kg, combined.
(6) Hazardous wastes that meet all the following criteria are not subject to regulation under this division but, instead, are subject to regulation as specified in 40 CFR section 261.6(a)(2) (incorporated by reference in section 66260.11):
(A) the hazardous waste exhibits the characteristic of a hazardous waste specified in section 66261.24(a)(1);
(B) the hazardous waste does not exhibit any other characteristic of a hazardous waste specified in article 3 of this chapter (commencing with section 66261.20);
(C) the hazardous waste is not listed in article 4 of this chapter (commencing with section 66261.30);
(D) the hazardous waste is not listed in article 4.1 of this chapter  (commencing with section 66261.50); and
(E) the hazardous waste qualifies for regulation pursuant to 40 CFR section 261.6(a)(2) (incorporated by reference in section 66260.11).
(7) Hazardous waste that is exported to or imported from designated member countries of the Organization for Economic Cooperation and Development (OECD) (as defined in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1)) for purpose of recovery is subject to the requirements of 40 CFR Part 262, Subpart H or this article, if it is subject to either the Federal manifesting requirements of 40 CFR Part 262, or to the universal waste management standards of 40 CFR Part 273.
(b) Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of articles 1 through 12 , 27, 28, and 28.5 of chapters 14 and 15 and any applicable provisions of chapters 16, 18, and 20 and the notification requirements under section 3010 of RCRA, except as provided in subsection (a) of this section.
(c) Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of articles 27 and 28 of chapters 14 or 15.
 
  Note: Authority cited: Sections 25143.2(e), 25150, 25159, 25159.5,  25170, 25179.6, 25245, 25250.22 and 58012, Health and Safety Code. Reference: Sections 25143, 25143.2, 25150, 25159, 25159.5, 25163, 25170, 25179.6, 25250.5 and 25250.22, Health and Safety Code; and 40 CFR Sections 261.6 and 266.23. 
  
 
 



s 66261.7. Contaminated Containers.
 (a) Except as provided in Section 66262.70 and subsections (g), (h), (i),  (k), ( l), (m), (n), and (o) of this section, any container (as defined in Section 66260.10 of this division), or inner liner removed from a container, which previously held a hazardous material, including but not limited to hazardous waste, and which is empty as defined in subsection (b) or (d) of this section shall be exempt from regulation under this division and Chapter 6.5 of Division 20 of the Health and Safety Code if it will be managed in accordance with subsection (e) of this section. Existing permits which contain specific conditions governing container cleaning operations which conflict with the provisions of these regulations may be amended to be consistent with this regulation by following the Class 2 permit modification procedures set forth in Section 66270.42(b).
(b) A container, or an inner liner removed from a container, which previously held a hazardous material, including hazardous waste, is empty if the container or the inner liner removed from a container has been emptied so that:
(1) If the hazardous material which the container or inner liner held is pourable, no hazardous material can be poured or drained from the container or inner liner when the container or inner liner is held in any orientation (e.g., tilted, inverted, etc.); and
(2) If the hazardous material which the container or inner liner held is not pourable, no hazardous material remains in or on the container or inner liner that can feasibly be removed by physical methods (excluding rinsing) which comply with applicable air pollution control laws and which are commonly employed to remove materials from that container or inner liner. Following material removal, the top, bottom and sidewalls of such a container shall not contain remaining adhered or crusted material resulting from buildup of successive layers of material or a mass of solidified material. A thin uniform layer or dried material or powder is considered acceptable. A person who treats a container or inner liner onsite by employing physical methods to satisfy the standard in this subsection is authorized to perform such treatment for purposes of Health and Safety Code Section 25201.
(c) A person who treats a container or an inner liner removed from a container of five gallons or less in capacity which has been emptied pursuant to subsection (b) of this section is authorized, for purposes of Health and Safety Code Section 25201, to perform such activities if any rinsate or other residue generated by these activities is completely captured and classified in accordance with the provisions of this division and any applicable waste discharge requirements.
(d) A container or an inner liner removed from a container that has held a material listed as an acute hazardous waste in Sections 261.31, 261.32, or 261.33 (e) Title 40 of the Federal Code of Regulations or a waste which is extremely hazardous pursuant to any of the criteria of Sections 66261.110, 66261.113, and Title 22, California Code of Regulations, Division 4.5, Chapter 11, Appendix X is empty if:
(1) The container or inner liner has been triple rinsed using a solvent capable of removing the waste and all pourable residues have been removed from the container or inner liner in accordance with subsection (b)(1) of this section. Triple rinsing activities shall require specific authorization from the Department unless subject to the provisions of Health and Safety Code Section 25143.2(c)(2); or
(2) The container or inner liner is cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal. Alternative methods to rinsing require prior approval by the Department.
(e) In order to retain the exemption under this section, an empty container or an inner liner removed from a container must be managed by one of the following methods:
(1) Except as otherwise provided in Section 42170 of the Public Resources Code, for containers of five gallons or less in capacity, or inner liners removed from containers of five gallons or less in capacity, by disposing of the container or inner liner at an appropriate solid waste facility, provided that the container or inner liner is packaged and transported in accordance with applicable U.S. Department of Transportation regulations (49 CFR Part 173); or
(2) By reclaiming its scrap value onsite or shipping the container or inner liner to a person who reclaims its scrap value, provided that the container or inner liner is packaged and transported in accordance with applicable U.S. Department of Transportation regulations (49 CFR Part 173); or
(3) By reconditioning or remanufacturing the container or inner liner onsite pursuant to 49 CFR Section 173.28 (c) and (d) (revised at 55 FR 52402 - 52729) for subsequent reuse, or shipping the container or inner liner to a person who reconditions or remanufactures the container or inner liner pursuant to 49 CFR Section 173.28 (c) and (d) (revised at 55 FR 52402 - 52729); or
(4) By shipping the container or inner liner to a supplier  or to another intermediate collection location for accumulation prior to managing the container or inner liner pursuant to subsections (e)(1), (e)(2) or (e)(3) of this section, provided that the container or inner liner is packaged and transported in accordance with applicable U.S. Department of Transportation regulations.
(f) A container or an inner liner removed from a container larger than five gallons in capacity which is managed pursuant to subsection (e) of this section shall be marked with the date it has been emptied and shall be managed within one year of being emptied.
(g) Any person who generates an empty container or an inner liner larger than five gallons in capacity which previously held a hazardous material shall maintain, and provide upon request, to the Department, the Environmental Protection Agency, or any local agency or official authorized to bring an action as provided in Health and Safety Code Section 25180 the name, street address, mailing address and telephone number of the owner or operator of the facility where the empty container has been shipped. The above information shall be retained onsite for a period of three years.
(h) Uncontaminated containers, where an inner liner has prevented contact of the hazardous material with the inner surface of the container, are not hazardous waste subject to regulation under this division and Chapter 6.5 of Division 20 of the Health and Safety Code.
(i) Containers or inner liners which previously held a hazardous material which are sent back to the supplier for the purpose of being refilled are exempt from regulation under this division and Chapter 6.5 of Division 20 of the Health and Safety Code if all of the following requirements are met:
(1) The container or inner liner was last used to hold a hazardous material acquired from a supplier of hazardous materials;
(2) The container or inner liner is empty pursuant to the standards set forth in Section 261.7 of Title 40 of the Code of Federal Regulations;
(3) The container or inner liner is returned to a supplier of hazardous materials for the purpose of being refilled, provided that the supplier's reuse of the container or inner liner is in compliance with the requirements of Section 173.28 of Title 49 of the Code of Federal Regulations;
(4) The container or inner liner is not treated prior to being returned to the supplier of hazardous materials, except as authorized by this section;
(5) The container is not treated (except as authorized by this section) by the supplier of hazardous materials without obtaining specific authorization from the Department; and
(6) The container or inner liner is refilled by the supplier with hazardous material which is compatible with the hazardous material which the container or inner liner previously held unless the container has been adequately decontaminated.
(j) If the supplier, upon receiving a container or an inner liner pursuant to subsection (i) of this section, is unable to refill the container or inner liner, the supplier shall empty the container or inner liner pursuant to subsections (b) or (d) of this section and manage the container or inner liner pursuant to subsection (e) of this section.
(k) Emptied household hazardous material and pesticide container, or inner liners removed from containers, of five gallon or less in capacity, are exempt from regulation under this division and Chapter 6.5 of Division 20 of the Health and Safety Code if the container or inner liner is emptied by removing all of the contents that can be removed using practices commonly employed to remove materials from that type of container.
( l) A compressed gas cylinder is exempt from regulation under this division and Chapter 6.5 of Division 20 of the Health and Safety Code when the pressure in the container approaches atmospheric pressure.
(m)(1) Provided that they are not a RCRA regulated hazardous waste, as defined in Section 66260.10 of this division, aerosol containers are exempt from regulation under this division and Chapter 6.5 of Division 20 of the Health and Safety Code if the aerosol container was emptied of the contents and propellant to the maximum extent practical under normal use (i.e., the spray mechanism was not defective and thus allowed discharge of the contents and propellant).
(2) Unless otherwise exempt under other provisions of law, aerosol containers which held a material listed as an acute hazardous waste in Sections 261.31, 261.32, or a material identified as an acute hazardous waste in Section 261.33(e), Title 40 of the Code of Federal Regulations, or a waste which is extremely hazardous pursuant to any of the criteria of Sections 66261.110, 66261.113, and Title 22, California Code of Regulations, Division 4.5, Chapter 11, Appendix X are not exempt under this section and shall be managed as hazardous waste in accordance with this division and Chapter 6.5 of Division 20 of the Health and Safety Code (commencing with Section 25100).
(3) For purposes of this section, "aerosol container" means a pressurized, sealed container which contains a product and liquified or compressed gases, and which can dispense that product by the activation of a pressure-sensitive valve.
(n) Containers made of wood, paper, cardboard, fabric, or any other similarly absorptive material are not exempt from regulation under this division or Chapter 6.5 of Division 20 of the Health and Safety Code if the container was in direct contact with and has absorbed the hazardous waste or a hazardous material.
(o) The following items are not containers for purposes of this section and should continue to be managed as specified below:
(1) Used oil filters managed pursuant to Section 66266.130 of this division.
(2) PCB or PCB contaminated electrical equipment, including but not limited to, transformers and capacitors managed pursuant to 40 CFR Section 761.60, or Section 66268.29(b) of this division, so that the Soluble Threshold Limit Concentration (STLC) and the Total Threshold Limit Concentration (TTLC) values set forth in Section 66261.24(a)(2) of this division are not exceeded.
(3) Chemotherapy drug intravenous (IV) bags or tubing used for the delivery of chemotherapy agents managed pursuant to Chapter 6.1 of Division 20 of the Health and Safety Code.
(p) The residue remaining in a bulk container (as defined in section 66260.10) that has held hazardous waste is not a hazardous waste, except as provided in subsections (p)(2) and (p)(3), and a facility that receives the bulk container for cleaning or reuse, by such receipt is not receiving offsite waste, if the bulk container is empty as defined in subsection (p)(1) below.
(1) A bulk container that has held hazardous waste is empty if:
(A) for a residue that contains a material described in subsection (d) of this section, the bulk container is empty pursuant to subsection (d); or
(B) for a residue that does not contain a material described in subsection (d), the residue is no more than 0.3% by weight of the total capacity of the bulk container.
(2) The residue in a bulk container that is empty pursuant to subsection  (p)(1)(B) of this section is subject to regulation under this division as a hazardous waste when:
(A) the bulk container ceases to be operated for hazardous waste or hazardous material transportation; or
(B) the residue is from hazardous waste that was hazardous by the characteristic of toxicity (as defined in section 66261.24), and, without prior removal of the residue, the bulk container is subsequently used to hold a product or recyclable material which would be reduced in quality, value, or usefulness, rendered non-recyclable, or which would potentially have an adverse effect on human health and/or the environment by commingling with the residue, or
(C) without prior removal of the residue, the bulk container is subsequently used to hold a material that is chemically incompatible with the residue, including, but not limited to, those incompatible materials listed in Appendix V of chapter 14 of this division.
(3) An offsite facility that receives a bulk container that held a hazardous waste is an offsite facility subject to the facility standards of chapters 14, 15, and 20 of this division if:
(A) the bulk container is not empty pursuant to subsection (p)(1); or
(B) the bulk container is empty pursuant to subsection (p)(2), and, without removal of the residue, the bulk container is subsequently used to hold a material that is chemically incompatible with that residue, including, but not limited to, those incompatible materials listed in Appendix V of chapter 14 of this division.
(q) Reserved.
(r) Any container, or inner liner removed from a container, which previously held a hazardous material, including but not limited to hazardous waste, and which is not empty as defined in subsections (b) or (d) of this section, or otherwise exempt from regulation as a hazardous waste under this division or Chapter 6.5 of Division 20 of the Health and Safety Code (commencing with Section 25100), shall be managed as a hazardous waste in accordance with this division and Chapter 6.5 of Division 20 of the Health and Safety Code (commencing with Section 25100).
(s) The generator and transporter shall comply with the provisions of the Sanitary Food Transportation Act of 1990 (Title 49 of the United States Code Section 5701 et seq.) and the National Economic Crossroads Transportation Efficiency Act of 1997 (Title 12 section 12002 et seq.) as applicable.
 
  Note: Authority cited: Sections 208, 25141, 25143.2, 25150 and  58012, Health and Safety Code. References: Sections 208, 25141, 25143.2, 25150, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 261.7. 
  
 



s 66261.9. Requirements for Universal Waste.
 (a) The hazardous wastes listed in this section are exempt from the management requirements of chapter 6.5 of division 20 of the California Health and Safety Code and its implementing regulations except as specified in chapter 23 and, therefore, are not fully regulated as hazardous waste. The wastes listed in this section are subject to regulation under chapter 23 and shall be known as "universal waste."
(1) Batteries as described in section 66273.2;
(2) Thermostats as described in section 66273.4;
(3) Lamps as described in section 66273.5 (including, but not limited to, M003 wastes);
(4) Cathode ray tube materials, as described in section 66273.6;
(5) Universal waste electronic devices as described in section 66273.3;
(6) Aerosol cans as specified in Health and Safety Code section 25201.16;
(7) Mercury-containing motor vehicle light switches as specified in Health and Safety Code section 25214.5 (M001 Wastes) and motor vehicles that contain such switches, as described in section 66273.7.1;
(8) Non-automotive mercury switches and products that contain such switches  (including, but not limited to, M002 Wastes), as described in section 66273.7.2;
(9) Dental amalgam wastes, as described in section 66273.7.3;
(10) Mercury-containing pressure or vacuum gauges, as described in section 66273.7.4;
(11) Mercury-added novelties (including, but not limited to, M004 Wastes), as described in section 66273.7.5;
(12) Mercury counterweights and dampers, as described in section 66273.7.6;
(13) Mercury thermometers, as described in section 66273.7.7;
(14) Mercury dilators and weighted tubing, as described in section 66273.7.8;
(15) Mercury-containing rubber flooring, as described in section 66273.7.9, and
(16) Mercury gas flow regulators, as described in section 66273.7.10.
(b) Universal wastes shall be managed as hazardous wastes after arrival at a destination facility.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25201,  25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25117.2, 25141, 25150, 25159.5, 25180-25196, 25214.5, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 261.9. 
  
 



s 66261.10. Criteria for Identifying the Characteristics of Hazardous Waste.
 (a) The Department shall identify and define a characteristic of hazardous waste in article 3 of this chapter only upon determining that:
(1) a waste that exhibits the characteristic may:
(A) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
(B) pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed; and
(2) the characteristic can be:
(A) measured by an available standardized test method which is reasonably within the capability of generators of waste or private sector laboratories that are certified by the Department pursuant to Chapter 44 of this division and available to serve generators of waste; or
(B) reasonably detected by generators of waste through their knowledge of their waste.
 
  Note:    Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Sections 25117, 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.10. 
  
 



s 66261.20. General.
 (a) A waste, as defined in section 66261.2, which is not excluded from regulation as a hazardous waste pursuant to section 66261.4(b), is a hazardous waste if it exhibits any of the characteristics identified in this article.
(b) A waste which is identified as a hazardous waste pursuant to one or more of the characteristics set forth in section 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23 or 66261.24(a)(1) is assigned the EPA Hazardous Waste Number set forth in this article for each characteristic that is applicable to that waste. These numbers shall be used in complying with the notification requirements of Health and Safety Code section 25153.6 and, where applicable, in the recordkeeping and reporting requirements under chapters 12 through 15, 18 and 20 of this division.
(c) Sampling and sample management of wastes and other materials for analysis and testing pursuant to this article shall be in accord with the sampling planning, methodology and equipment, and the sample processing, documentation and custody procedures specified in chapter nine of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition, U.S. Environmental Protection Agency, 1986 (incorporated by reference, see section 66260.11 of this chapter). In addition to the sampling methods in chapter nine of SW-846, the Department will consider samples obtained using any of the other applicable sampling methods specified in Appendix I of this chapter to be representative samples.
 
  Note:    Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Sections 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.20. 
  

 



s 66261.21. Characteristic of Ignitability.
 (a) A waste exhibits the characteristic of ignitability if representative samples of the waste have any of the following properties:
(1) it is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60 degrees C (140 degrees F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 (incorporated by reference, see section 66260.11), or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78 (incorporated by reference, see section 66260.11), or as determined by an equivalent test method approved by the Department pursuant to section 66260.21;
(2) it is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard;
(3) it is an ignitable compressed gas as defined in 49 CFR section 173.300  (as amended September 30, 1982) and as determined by the test methods described in that regulation or equivalent test methods approved by the Department pursuant to section 66260.21;
(4) it is an oxidizer as defined in 49 CFR section 173.151 (as amended May 31, 1979).
(b) A waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of D001.
 
  Note:    Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Sections 25117, 25120.2, 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.21. 
  
 



s 66261.22. Characteristic of Corrosivity.
 (a) A waste exhibits the characteristic of corrosivity if representative samples of the waste have any of the following properties:
(1) it is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using either the EPA test method for pH or an equivalent test method approved by the Department pursuant to section 66260.21. The EPA test method for pH is specified as Method 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition and updates (incorporated by reference, see section 66260.11);
(2) it is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55<<super>>o C (130<<super>>o F) as determined by the test method specified in NACE Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition and updates (incorporated by reference, see section 66260.11) or an equivalent test method approved by the Department pursuant to section 66260.21;
(3) it is not aqueous and, when mixed with an equivalent weight of water, produces a solution having a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using either Method 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition and updates (incorporated by reference, see section 66260.11) or an equivalent test method approved by the Department pursuant to 66260.21;
(4) it is not a liquid and, when mixed with an equivalent weight of water, produces a liquid that corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55<<super>>o C (130<<super>>o F) as determined by the test method specified in NACE Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition and updates (incorporated by reference, see section 66260.11) or an equivalent test method approved by the Department pursuant to 66260.21.
(b) A waste that exhibits the characteristic of corrosivity specified in subsection (a)(1) or (a)(2) of this section has the EPA Hazardous Waste Number of D002.
 
  Note: Authority cited: Sections 25141, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25117, 25120.2, 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.22. 
  
 



s 66261.23. Characteristic of Reactivity.
 (a) A waste exhibits the characteristic of reactivity if representative samples of the waste have any of the following properties:
(1) it is normally unstable and readily undergoes violent change without detonating;
(2) it reacts violently with water;
(3) it forms potentially explosive mixtures with water;
(4) when mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;
(5) it is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;
(6) it is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;
(7) it is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure;
(8) it is a forbidden explosive as defined in 49 CFR section 173.51 (as amended April 20, 1987), or a Class A explosive as defined in 49 CFR section 173.53 (as amended April 5, 1967) or a Class B explosive as defined in 49 CFR section 173.88 (as amended May 19, 1980).
(b) A waste that exhibits the characteristic of reactivity has the EPA Hazardous Waste Number of D003.
 
  Note:    Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Sections 25117, 25120.2, 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.23. 
  
 



s 66261.24. Characteristic of Toxicity.
 (a) A waste exhibits the characteristic of toxicity if representative samples of the waste have any of the following properties:
(1) when using the Toxicity Characteristic Leaching Procedure (TCLP), test Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, third edition and Updates (incorporated by reference in section 66260.11 of this division), the extracts from representative samples of the waste contain any of the contaminants listed in Table I of this section at a concentration equal to or greater than the respective value given in that table unless the waste is excluded from classification as a solid waste or hazardous waste or is exempted from regulation pursuant to 40 CFR section 261.4. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purposes of this section;
(A) a waste that exhibits the characteristic of toxicity pursuant to subsection (a)(1) of this section has the EPA Hazardous Waste Number specified in Table I of this section which corresponds to the toxic contaminant causing it to be hazardous;
(B) Table I - Maximum Concentration of Contaminants for the Toxicity Characteristic:
_______________________________________________________________
EPA                                      Chemical
Hazardous                                Abstracts  Regulatory
Waste                                    Service    Level
Number     Contaminant                   Number     Mg/l
_______________________________________________________________
D004       Arsenic                       7440-38-2  5.0
D005       Barium                        7440-39-3  100.0
D018       Benzene                       71-43-2    0.5
D006       Cadmium                       7440-43-9  1.0
D019       Carbon tetrachloride          56-23-5    0.5
D020       Chlordane                     57-74-9    0.03
D021       Chlorobenzene                 108-90-7   100.0
D022       Chloroform                    67-66-3    6.0
D007       Chromium                      7440-47-3  5.0
D023       o-Cresol                      95-48-7    200.0 [FN1]
D024       m-Cresol                      108-39-4   200.0 [FN1]
D025       p-Cresol                      106-44-5   200.0 [FN1]
D026       Cresol                                   200.0 [FN1]
D016       2,4-D                         94-75-7    10.0
D027       1,4-Dichlorobenzene           106-46-7   7.5
D028       1,2-Dichloroethane            107-06-2   0.5
D029       1,1-Dichloroethylene          75-35-4    0.7
D030       2,4-Dinitrotoluene            121-14-2   0.13
D012       Endrin                        72-20-8    0.02
D031       Heptachlor (and its epoxide)  76-44-8    0.008
D032       Hexachlorobenzene             118-74-1   0.13
D033       Hexachlorobutadiene           87-68-3    0.5
D034       Hexachloroethane              67-72-1    3.0
D008       Lead                          7439-92-1  5.0
D013       Lindane                       58-89-9    0.4
D009       Mercury                       7439-97-6  0.2
D014       Methoxychlor                  72-43-5    10.0
D035       Methyl ethyl ketone           78-93-3    200.0
D036       Nitrobenzene                  98-95-3    2.0
D037       Pentachlorophenol             87-86-5    100.0
D038       Pyridine                      110-86-1   5.0 [FN2]
D010       Selenium                      7782-49-2  1.0
D011       Silver                        7440-22-4  5.0
D039       Tetrachloroethylene           127-18-4   0.7
D015       Toxaphene                     8001-35-2  0.5
D040       Trichloroethylene             79-01-6    0.5
D041       2,4,5-Trichlorophenol         95-95-4    400.0
D042       2,4,6-Trichlorophenol         88-06-2    2.0
D017       2,4,5-TP (Silvex)             93-72-1    1.0
D043       Vinyl chloride                75-01-4    0.2
_______________________________________________________________
 
[FN1]1 If o-, m- and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/l. 
[FN2]2 Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level .
(2) it contains a substance listed in subsections (a)(2)(A) or (a)(2)(B) of this section at a concentration in milligrams per liter of waste extract, as determined using the Waste Extraction Test (WET) described in Appendix II of this chapter, which equals or exceeds its listed soluble threshold limit concentration or at a concentration in milligrams per kilogram in the waste which equals or exceeds its listed total threshold limit concentration;
(A) Table II - List of Inorganic Persistent and Bioaccumulative Toxic Substances and Their Soluble Threshold Limit Concentration:
(STLC) and Total Threshold Limit Concentration (TTLC) Values.

________________________________________________________________
                                           STLC     TTLC
  Wet-Weight
 Substance [FNa], [FNb]                    mg/l     mg/kg
________________________________________________________________
Antimony and/or antimony compounds         15       500
Arsenic and/or arsenic compounds           5.0      500
Asbestos                                            1.0
                                                    (as percent)
Barium and/or barium compounds (excluding
 barite)                                   100      10,000 [FNc]
Beryllium and/or beryllium compounds       0.75     75
Cadmium and/or cadmium compounds           1.0      100
Chromium (VI) compounds                    5        500
Chromium and/or chromium (III) compounds   5 [FNd]  2,500
Cobalt and/or cobalt compounds             80       8,000
Copper and/or copper compounds             25       2,500
Fluoride salts                             180      18,000
Lead and/or lead compounds                 5.0      1,000
Mercury and/or mercury compounds           0.2      20
Molybdenum and/or molybdenum compounds     350      3,500 [FNe]
Nickel and/or nickel compounds             20       2,000
Selenium and/or selenium compounds         1.0      100
Silver and/or silver compounds             5        500
Thallium and/or thallium compounds         7.0      700
Vanadium and/or vanadium compounds         24       2,400
Zinc and/or zinc compounds                 250      5,000
________________________________________________________________
 
[FNa]a STLC and TTLC values are calculated on the concentrations of the elements, not the compounds. 
[FNb]b In the case of asbestos and elemental metals, the specified concentration limits apply only if the substances are in a friable, powdered or finely divided state. Asbestos includes chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite.In the case of asbestos and elemental metals, the specified concentration limits apply only if the substances are in a friable, powdered or finely divided state. Asbestos includes chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite.In the case of asbestos and elemental metals, the specified concentration limits apply only if the substances are in a friable, powdered or finely divided state. Asbestos includes chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite. 
[FNc]c excluding barium sulfate. 
[FNd]d If the soluble chromium, as determined by the TCLP set forth in Appendix I of chapter 18 of this division, is less than 5 mg/l, and the soluble chromium, as determined by the procedures set forth in Appendix II of chapter 11, equals or exceeds 560 mg/l and the waste is not otherwise identified as a RCRA hazardous waste pursuant to section 66261.100, then the waste is a non-RCRA hazardous waste. 
[FNe]e Excluding molybdenum disulfide.
(B) Table III - List of Organic Persistent and Bioaccumulative Toxic Substances and Their Soluble Threshold Limit Concentration (STLC) and Total Threshold Limit Concentration (TTLC) Values:

_______________________________________________________
                                      STLC   TTLC
                                             Wet Weight
 Substance                            mg/l   mg/kg
_______________________________________________________
Aldrin                                0.14   1.4
Chlordane                             0.25   2.5
DDT, DDE, DDD                         0.1    1.0
2,4-Dichlorophenoxyacetic acid        10     100
Dieldrin                              0.8    8.0
Dioxin (2,3,7,8-TCDD)                 0.001  0.01
Endrin                                0.02   0.2
Heptachlor                            0.47   4.7
Kepone                                2.1    21
Lead compounds, organic               -      13
Lindane                               0.4    4.0
Methoxychlor                          10     100
Mirex                                 2.1    21
Pentachlorophenol                     1.7    17
Polychlorinated biphenyls (PCBs)      5.0    50
Toxaphene                             0.5    5
Trichloroethylene                     204    2,040
2,4,5-Trichlorophenoxypropionic acid  1.0    10
_______________________________________________________
 
(3) it has an acute oral LD 50  less than 2,500 milligrams per kilogram;
(4) it has an acute dermal LD 50  less than 4,300 milligrams per kilogram;
(5) it has an acute inhalation LC 50  less than 10,000 parts per million as a gas or vapor;
(6) it has an acute aquatic 96-hour LC 50  less than 500 milligrams per liter when measured in soft water (total hardness 40 to 48 milligrams per liter of calcium carbonate) with fathead minnows (Pimephales promelas), rainbow trout (Salmo gairdneri) or golden shiners (Notemigonus crysoleucas) according to procedures described in Part 800 of the "Standard Methods for the Examination of Water and Wastewater (16th Edition)," American Public Health Association, 1985 and "Static Acute Bioassay Procedures for Hazardous Waste Samples," California Department of Fish and Game, Water Pollution Control Laboratory, revised November 1988 (incorporated by reference, see section 66260.11), or by other test methods or test fish approved by the Department, using test samples prepared or meeting the conditions for testing as prescribed in subdivisions (c) and (d) of Appendix II of this chapter, and solubilized, suspended, dispersed or emulsified by the cited procedures or by other methods approved by the Department;
(7) it contains any of the following substances at a single or combined concentration equal to or exceeding 0.001 percent by weight:
(A) 2-Acetylaminofluorene (2-AAF);
(B) Acrylonitrile;
(C) 4-Aminodiphenyl;
(D) Benzidine and its salts;
(E) bis (Chloromethyl) ether (BCME);
(F) Methyl chloromethyl ether;
(G) 1,2-Dibromo-3-chloropropane (DBCP);
(H) 3,3'-Dichlorobenzidine and its salts (DCB);
(I) 4-Dimethylaminoazobenzene (DAB);
(J) Ethyleneimine (EL);
(K) alpha-Naphthylamine (1-NA);
(L) beta-Naphthylamine (2-NA);
(M) 4-Nitrobiphenyl (4-NBP);
(N) N-Nitrosodimethylamine (DMN);
(0) beta-Propiolactone (BPL);
(P) Vinyl chloride (VCM);
(8) it has been shown through experience or testing to pose a hazard to human health or environment because of its carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties or persistence in the environment.
(b) A waste containing one or more materials which exhibit the characteristic of toxicity because the materials have the property specified in subsection (a)(5) of this section may be classified as nonhazardous pursuant to section 66260.200 if the waste does not exhibit any other characteristic of this article and is not listed in article 4 of this chapter and its head space vapor contains no such toxic materials in concentrations exceeding their respective acute inhalation LC 50  or their LC LO. The head space vapor of a waste shall be prepared, and two milliliters of it shall be sampled using a five milliliter gas-tight syringe, according to Method 5020 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 2nd edition, U.S. Environmental Protection Agency, 1982 (incorporated by reference, see section 66260.11). The quantity in milligrams of each material, which exhibits the characteristic of toxicity because it has the property specified in subsection (a)(5) of this section, in the sampling syringe shall be determined by comparison to liquid standard solutions according to the appropriate gas chromatographic procedures in Method 8010, 8015, 8020, 8030 or 8240 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition, U.S. Environmental Protection Agency, 1986 (incorporated by reference, see section 66260.11). The concentration of each material in the head space vapor shall be calculated using the following equation:
         QA       29.8ml     1
CA  =  ------  X  ------  X  --------
         MW         mmole      2 X 10 [FN-6]M [FN3]
 

where C (in parts per million) is the concentration of material A in head space vapor, Q (in milligrams) is the quantity of material A in sampling syringe and MW (in milligrams per millimole) is the molecular weight of material A.  Where an acute inhalation LC 50  is not available, an LC 50 measured for another time (t) may be converted  to an eight-hour value with the following equation:
Eight-hour LC 50  = (t/8) x (t-hour LC 50).
(c) A waste containing one or more materials which exhibit the characteristic of toxicity because the materials have either of the properties specified in subsection (a)(3) or (a)(4) of this section may be classified as nonhazardous pursuant to section 66260.200 if the waste does not exhibit any other characteristic of this article and is not listed in article 4 of this chapter and the calculated oral LD 50  of the waste mixture is greater than 2,500 milligrams per kilogram and the calculated dermal LD 50  is greater than 4,300 milligrams per kilogram by the following equation:

where %A x  is the weight percent of each component in the waste mixture and  [FNT]A X  is the acute oral or dermal LD 50  or the acute oral LD LO of each component.
 
  Note: Authority cited: Sections 25141, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25117, 25120.2, 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.24. 
  
 



s 66261.30. General.
 (a) A waste is a RCRA hazardous waste if it is listed in this article, unless it has been excluded from this list pursuant to 40 CFR sections 260.20 and 260.22 or is categorized as a non-RCRA hazardous waste pursuant to section 66261.101. Wastes shall only be listed in this article if they are listed in 40 CFR Part 261 Subpart D.
(b) The Department will indicate the USEPA Administrator's basis for listing the classes or types of wastes listed in this article by employing one or more of the following Hazard Codes:
Ignitable Waste        (I)
Corrosive Waste        (C)
Reactive Waste         (R)
Acute Hazardous Waste  (H)
Toxic Waste            (T)
 
Appendix VII of this chapter identifies the constituent which caused the USEPA Administrator to list the waste as a Toxic Waste (T) as included in sections 66261.31 and 66261.32.
(c) Each RCRA hazardous waste listed in this article is assigned an EPA Hazardous Waste Number which precedes the name of the waste. This number shall be used in complying with the notification requirements of Health and Safety Code section 25153.6 and certain recordkeeping and reporting requirements under chapters 12 through 15, 18, and 20 of this division.
 
  Note:    Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Sections 25117, 25120.2, 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.30. 
  
 



s 66261.31. Hazardous Wastes from Non-Specific Sources.
 (a) The following wastes are listed hazardous wastes from non-specific sources unless they are excluded pursuant to 40 CFR sections 260.20 and 260.22:
EPA            Hazard
  Hazardous
Waste No.    Hazardous Waste            Code
F001.......  the following spent halogenated solvents used in          (T)
             degreasing: Tetrachloroethylene, trichloroethylene,
               methylene chloride, 1,1,1-trichloroethane, carbon
               tetrachloride, and chlorinated fluorocarbons; all
               spent solvent mixtures/blends used in degreasing
               containing, before use, a total of ten percent or more
               (by volume) of one or more of the above halogenated
               solvents or those solvents listed in F002, F004, and
               F005; and still bottoms from the recovery of these
               spent solvents and spent solvent mixtures;
F002.......  the following spent halogenated solvents:            (T)
             tetrachloroethylene, methylene chloride,
               trichloroethylene, 1,1,1-trichloroethane,
               chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane,
               ortho-dichlorobenzene, trichlorofluoromethane, and
               1,1,2-trichloroethane; all spent solvent
               mixtures/blends containing, before use, a total of ten
               percent or more (by volume) of one or more of the
               above halogenated solvents or those listed in F001,
               F004, or F005; and still bottoms from the recovery of
               these spent solvents and spent solvent mixtures;
F003.......  the following spent non-halogenated solvents:            (I)
              [FNa1]
             xylene, acetone, ethyl acetate, ethyl benzene, ethyl
               ether, methyl isobutyl ketone, n-butyl alcohol,
               cyclohexanone, and methanol; all spent solvent
               mixtures/blends containing, before use, only the above
               spent non-halogenated solvents; and all spent solvent
               mixtures/blends containing, before use, one or more of
               the above non-halogenated solvents, and, a total of
               ten percent or more (by volume) of one or more of
               those solvents listed in F001, F002, F004, and F005;
               and still bottoms from the recovery of these spent
               solvents and spent solvent mixtures;
F004.......  the following spent non-halogenated solvents:            (T)
             cresols and cresylic acid, and nitrobenzene; all spent
               solvent mixtures/blends containing, before use, a
               total of ten percent or more (by volume) of one or
               more of the above non-halogenated solvents or those
               solvents listed in F001, F002, and F005; and still
               bottoms from the recovery of these spent solvents and
               spent solvent mixtures;
F005.......  the following spent non-halogenated solvents:            (I,T)
             toluene, methyl ethyl ketone, carbon disulfide,
               isobutanol, pyridine, benzene, 2-ethoxyethanol, and
               2-nitropropane; all spent solvent mixtures/blends
               containing, before use, a total of ten percent or more
               (by volume) of one or more of the above
               non-halogenated solvents or those solvents listed in
               F001, F002, or F004; and still bottoms from the
               recovery of these spent solvents and spent solvent
               mixtures;
F006.......  wastewater treatment sludges from electroplating          (T)
             operations except from the following processes: (1)
               sulfuric acid anodizing of aluminum; (2) tin plating
               on carbon steel; (3) zinc plating (segregated basis)
               on carbon steel; (4) aluminum or zinc-aluminum plating
               on carbon steel; (5) cleaning/stripping associated
               with tin, zinc and aluminum plating on carbon steel;
               and (6) chemical etching and milling of aluminum;
F007.......  spent cyanide plating bath solutions from            (R,T)
             electroplating operations;
F008.......  plating bath residues from the bottom of plating          (R,T)
             baths from electroplating operations where cyanides are
               used in the process;
F009.......  spent stripping and cleaning bath solutions from          (R,T)
             electroplating operations where cyanides are used in the
               process;
F010.......  quenching bath residues from oil baths from metal         (R,T)
             heat treating operations where cyanides are used in the
               process;
F011.......  spent cyanide solutions from salt bath pot            (R,T)
             cleaning from metal heat treating operations;
F012.......  quenching waste water treatment sludges from            (T)
             metal heat treating operations where cyanides are used
               in the process;
F019.......  wastewater treatment sludges from the chemical            (T)
             conversion coating of aluminum except from zirconium
               phosphating in aluminum can washing when such
               phosphating is an exclusive conversion coating
               process;
F020.......  wastes (except wastewater and spent carbon from           (H) H)
             hydrogen chloride purification) from the production or
               manufacturing use (as a reactant, chemical
               intermediate, or component in a formulating process)
               of tri- or tetrachlorophenol, or of intermediates used
               to produce their pesticide derivatives; (This listing
               does not include wastes from the production of
               Hexachlorophene from highly purified
               2,4,5-trichlorophenol.)
F021.......  wastes (except wastewater and spent carbon from           (H)
             hydrogen chloride purification) from the production or
               manufacturing use (as a reactant, chemical
               intermediate, or component in a formulating process)
               of pentachlorophenol, or of intermediates used to
               produce its derivatives;
F022.......  wastes (except wastewater and spent carbon from           (H)
             hydrogen chloride purification) from the manufacturing
               use (as a reactant, chemical intermediate, or
               component in a formulating process) of tetra-, penta-,
               or hexachlorobenzenes under alkaline conditions;
F023.......  wastes (except wastewater and spent carbon from           (H)
             hydrogen chloride purification) from the production of
               materials on equipment previously used for the
               production or manufacturing use (as a reactant,
               chemical intermediate, or component in a formulating
               process) of tri- and tetrachlorophenols; (This listing
               does not include wastes from equipment used only for
               the production or use of Hexachlorophene from highly
               purified 2,4,5-trichlorophenol.)
F024.......  process wastes, including but not limited to,            (T)
             distillation, residues, heavy ends, tars, and reactor
               clean-out wastes, from the production of certain
               chlorinated aliphatic hydrocarbons by free radical
               catalyzed processes. These chlorinated aliphatic
               hydrocarbons are those having carbon chain lengths
               ranging from one to and including five, with varying
               amounts and positions of chlorine substitution; (This
               listing does not include wastewaters, wastewater
               treatment sludges, spent catalysts, and wastes listed
               in section 66261.31 or 66261.32.)
F025.......  condensed light ends, spent filters and filter aids,      (T)
             and spent dessicant wastes from the production of
               certain chlorinated aliphatic hydrocarbons, by free
               radical catalyzed processes. These chlorinated
               aliphatic hydrocarbons are those having carbon chain
               lengths ranging from one to and including five, with
               varying amounts and positions of chlorine
               substitution;
F026.......  wastes (except wastewater and spent carbon from           (H)
             hydrogen chloride purification) from the production of
               materials on equipment previously used for the
               manufacturing use (as a reactant, chemical
               intermediate, or component in a formulating process)
               of tetra-, penta-, or hexachlorobenzene under alkaline
               conditions;
F027.......  discarded unused formulations containing tri-,            (H)
             tetra-, or pentachlorophenol or discarded unused
               formulations containing compounds derived from these
               chlorophenols; (This listing does not include
               formulations containing Hexachlorophene synthesized
               from prepurified 2,4,5-trichlorophenol as the sole
               component.)
F028.......  residues resulting from the incineration or            (T)
             thermal treatment of soil contaminated with EPA
               Hazardous Waste Nos. F020, F021, F022, F023, F026, and
               F027; F032 wastewaters (except those that have not
               come into (T) contact with process contaminants),
               process residuals, preservative drippage, and spent
               formulations from wood preserving processes generated
               at plants that currently use or have previously used
               chlorophenolic formulations (except potentially
               cross-contaminated wastes that have had the F032 waste
               code deleted in accordance with section 66261.35 of
               this chapter or potentially cross-contaminated wastes
               that are otherwise currently regulated as hazardous
               wastes (i.e., F034 or F035), and where the generator
               does not resume or initiate use of chorophenolic
               formulations). This listing does not include K001
               bottom sediment sludge from the treatment of waste
               water from wood preserving processes that use creosote
               and/or pentachlorophenol;
F034.......  Wastewaters (except those that have not come into         (T)
             contact with process contaminants), process residuals,
               preservative drippage, and spent formulations from
               wood preserving processes generated at plants that use
               creosote formulations. This listing does not include
               K001 bottom sediment sludge from the treatment of
               wastewater from wood preserving processes that use
               creosote and/or pentachlorophenol;
F035.......  Wastewaters (except those that have not come into         (T)
             contact with process contaminants), process residuals,
               preservative drippage, and spent formulations from
               wood preserving processes generated at plants that use
               inorganic preservatives containing arsenic or
               chromium. This listing does not include K001 bottom
               sediment sludge from the treatment of wastewater from
               wood preserving processes that use creosote and/or
               pentachlorophenol.
F037.......  petroleum refinery primary oil/water/solids            (T)
             separation sludge - any sludge generated from the
               gravitational separation of oil/water/solids during
               the storage or treatment of process wastewaters and
               oily cooling wastewaters from petroleum refineries.
               Such sludges include, but are not limited to, those
               generated in: oil/water/solids separators; tanks and
               impoundments; ditches and other conveyances; sumps;
               and stormwater units receiving dry weather flow.
               Sludges generated in stormwater units that do not
               receive dry weather flow, sludges generated from
               non-contact once-through cooling waters segregated for
               treatment from other process or oily cooling waters,
               sludges generated in aggressive biological treatment
               units as defined in section 66261.31(b)(2) (including
               sludges generated in one or more additional units
               after wastewaters have been treated in aggressive
               biological treatment units) and K051 wastes are not
               included in this listing.
F038.......  petroleum refinery secondary (emulsified)            (T)
             oil/water/solids separation sludge - any sludge and/or
               float generated from the physical and/or chemical
               separation of oil/water/solids in process wastewaters
               and oily cooling wastewaters from petroleum
               refineries. Such wastes include, but are not limited
               to, all sludges and floats generated in: induced air
               flotation (IAF) units; tanks and impoundments; and all
               sludges generated in dissolved air flotation (DAF)
               units. Sludges generated in stormwater units that do
               not receive dry weather flow, sludges generated from
               non-contact once-through cooling waters segregated for
               treatment from other process or oily cooling waters,
               sludges and floats generated in aggressive biological
               treatment units as defined in section 66261.31(b)(2)
               (including sludges and floats generated in one or more
               additional units after wastewaters have been treated
               in aggressive biological treatment units) and F037,
               K048, and K051 wastes are not included in this
               listing.
F039.......  leachate (liquids that have percolated through            (T)
             land disposed wastes) resulting from the disposal of
               more than one restricted waste classified as hazardous
               under article 4 of this chapter. (Leachate resulting
               from the disposal of one or more of the following EPA
               Hazardous Wastes and no other hazardous wastes retains
               its EPA hazardous waste number(s): F020, F021, F022,
               F026, F027, and/or F028.)
 
[FNa1] (I) specifies mixtures containing ignitable constituents. 
[FNa2] (I,T) specifies mixtures containing ignitable and toxic constituents.
(b) Listing Specific Definitions:
(1) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or water and/or solids.
(2)(A) For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following four treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and:
1. The unit employs a minimum of six horsepower per million gallons of treatment volume; and
2. a. The hydraulic retention time of the unit is no longer than five days; or
b. The hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.
(B) Generators and treatment, storage and disposal facilities have the burden of proving that sludges generated or managed by the generator or facility are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage anddisposal facilities shall maintain, in the facility operating or other onsite records, documents and data sufficient to prove that:
1. The unit is an aggressive biological treatment unit as defined in this subsection; and
2. The sludges sought to be exempted from the definitions of F037 and/or F038 wastes were actually generated in the aggressive biological treatment unit.
(3)(A) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.
(B) For the purposes of the F038 listing:
1. Sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement; and
2. Floats are considered to be generated at the moment of formation in the top of the unit.
 
  Note: Authority cited: Section 58012, Governor's Reorganizational Plan Number 1 of 1991; and sections 25140, 25141, 25150, 25159, 25159.5 and 25179.6, Health and Safety Code. Reference: Sections 25117, 25120.2, 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 261.31. 
  
 



s 66261.32. Hazardous Wastes from Specific Sources.
The following wastes are listed hazardous wastes from specific sources unless they are excluded pursuant to 40 CFR sections 260.20 and 260.22:
_______________________________________________________________________________
Industry and EPA
Hazardous              Hazard
Waste No.                             Hazardous Waste              Code
_______________________________________________________________________________
Wood preservation:
K001................................  bottom sediment sludge from the    (T)
                                        treatment of
wastewaters from wood preserving
  processes that use creosote and/or
  pentachlorophenol;
Inorganic pigments:
K002................................  wastewater treatment sludge from   (T)
                                        the production
of chrome yellow and orange
  pigments;
K003................................  wastewater treatment sludge from   (T)
                                        the production
of molybdate orange pigments;
K004................................  wastewater treatment sludge from   (T)
                                        the production
of zinc yellow pigments;
K005................................  wastewater treatment sludge from   (T)
                                        the production
of chrome green pigments;
K006................................  wastewater treatment sludge from   (T)
                                        the production
of chrome oxide green pigments
  (anhydrous and hydrated);
K007................................  wastewater treatment sludge from   (T)
                                        the production
of iron blue pigments;
K008................................  oven residue from the production   (T)
                                        of chrome oxide
green pigments;
 
Organic chemicals:
K009 distillation bottoms from the production of (T)
 acetaldehyde from ethylene;
 K010 distillation side cuts from the production of (T)
 acetaldehyde from ethylene;
 K011 bottom stream from the wastewater stripper in the (R,T)
 production of acrylonitrile;
 K013 bottom stream from the acetonitrile column in the (R,T)
 production of acrylonitrile;
 K014 bottoms from the acetonitrile purification column (T)
 in the production of acrylonitrile;
 K015 still bottoms from the distillation of benzyl (T)
 chloride;
 K016 heavy ends or distillation residues from the (T)
 production of carbon tetrachloride;
 K017 heavy ends (still bottoms) from the purification (T)
 column in the production of epichlorohydrin;
 K018 heavy ends from the fractionation column in ethyl (T)
 chloride production;
 K019 heavy ends from the distillation of ethylene (T)
 dichloride in ethylene dichloride production;
 K020 heavy ends from the distillation of vinyl chloride (T)
 in vinyl chloride monomer production;
 K021 aqueous spent antimony catalyst waste from (T)
 fluoromethanes production;
 K022 distillation bottom tars from the production of (T)
 phenol/acetone from cumene;
 K023 distillation light ends from the production of (T)
 phthalic anhydride from naphthalene;
 K024 distillation bottoms from the production of (T)
 phthalic anhydride from naphthalene;
 K093 distillation light ends from the production of (T)
 phthalic anhydride from ortho-xylene;
 K094 distillation bottoms from the production of (T)
 phthalic anhydride from ortho-xylene;
 K025 distillation bottoms from the production of (T)
 nitrobenzene by the nitration of benzene;
 K026 stripping still tails from the production of (T)
 methyl ethyl pyridines;
 K027 centrifuge and distillation residues from toluene (R,T)
 diisocyanate production;
 K028 spent catalyst from the hydrochlorinator reactor (T)
 in the production of 1,1,1-trichloroethane;
 K029 waste from the product steam stripper in the (T)
 production of 1,1,1-trichloroethane;
 K095 distillation bottoms from the production of (T)
 1,1,1-trichloroethane;
 K096 heavy ends from the heavy ends column from the (T)
 production of 1,1,1-trichloroethane;
 K030 column bottoms or heavy ends from the combined (T)
 production of trichloroethylene and perchloroethylene;
 K083 distillation bottoms from aniline production; (T)
 K103 process residues from aniline extraction from (T)
 the production of aniline;
K104 combined wastewater streams generated from (T)
 nitrobenzene/aniline production;
 K085 distillation or fractionation column bottoms from (T)
 the production of chlorobenzenes;
 K105 separated aqueous stream from the reactor product (T)
 washing step in the production of chlorobenzenes;
 K107 column bottoms from product separation (C,T)
 from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazines;
 K108 condensed column overheads from product (I,T)
 separation and condensed reactor vent gases from the production of 1,1- dimethylhydrazine (UDMH) from carboxylic acid hydrazides;
 K109 spent filter cartridges from product (T)
 purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides;
 K110 condensed column overheads from intermediate (T)
 separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides;
 K111 product washwaters from the production of (C,T)
 dinitrotoluene via nitration of toluene;
 K112 reaction by-product water from the drying column (T)
 in the production of toluenediamine via hydrogenation of dinitrotoluene;
 K113 condensed liquid light ends from the purification (T)
 of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene;
 K114 vicinals from the purification of toluenediamine (T)
 in the production of toluenediamine via hydrogenation of dinitrotoluene;
 K115 heavy ends from the purification of toluenediamine (T)
 in the production of toluenediamine via hydrogenation of dinitrotoluene;
 K116 organic condensate from the solvent recovery (T)
 column in the production of toluene diisocyanate via phosgenation of toluenediamine;
 K117 wastewater from the reactor vent gas scrubber in (T)
 the production of ethylene dibromide via bromination of ethylene;
 K118 spent absorbent solids from purification of (T)
 ethylene dibromide in the production of ethylene dibromide via bromination of ethylene;
 K136 still bottoms from the purification of ethylene (T)
 dibromide in the production of ethylene dibromide via bromination of ethylene;
 K149 Distillation bottoms from the production of (T)
 alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. (This waste does not include still bottoms from the distillation of benzyl chloride).
 K150 Organic residuals, excluding spent carbon (T)
 adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- (or methyl-) chlorinated toluenes, ring- chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.
 K151 Wastewater treatment sludges, excluding (T)
 neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.
 K156 Organic waste (including heavy ends, still (T)
 bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.)
 K157 Wastewaters (including scrubber waters, (T)
 condenser waters, washwaters, and separation waters) from the production of carbamates and carbamoyl oximes (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.).
 K158 Bag house dusts and filter/separation solids (T)
from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.).
 K159 Organics from the treatment of thiocarbamate (T)
 wastes.
 K161 Purification solids (including filtration, (T)
 evaporation, and centrifugation solids), bag house dust and floor sweepings from the production of dithiorcarbamate acids and their salts. (This listing does not include K125 or K126.)
 K174 Wastewater treatment sludges from the (T)
 production of ethylene dichloride or vinyl chloride monomer (including sludges that result from commingled ethylene dichloride or vinyl chloride monomer wastewater and other wastewater), unless the sludges meet the following conditions: (i) they are disposed of in a RCRA subtitle C or non-hazardous landfill licensed or permitted by the state or federal government; (ii) they are not otherwise placed on the land prior to final disposal; and (iii) the generator maintains documentation demonstrating that the waste was either disposed of in an on-site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off-site landfill. Respondents in any action brought to enforce the requirements of this division must, upon a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer or ethylene dichloride, demonstrate that they meet the terms of the exclusion set forth above. In doing so, they must provide appropriate documentation (e.g., contracts between the generator and the landfill owner/operator, invoices documenting delivery of waste to landfill, etc.) that the terms of the exclusion were met.
 K175 Wastewater treatment sludges from the T
 production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process.
Inorganic chemicals:
 K071 brine purification muds from the mercury cell (T)
 process in chlorine production, where separately prepurified brine is not used;
 K073 chlorinated hydrocarbon waste from the (T)
 purification step of the diaphragm cell process using graphite anodes in chlorine production;
 K106 wastewater treatment sludge from the mercury cell (T)
 process in chlorine production;
Pesticides: K031 by-product salts generated in the production of (T)
 MSMA and cacodylic acid;
 K032 wastewater treatment sludge from the production (T)
 of chlordane;
 K033 wastewater and scrub water from the chlorination (T)
 of cyclopentadiene in the production of chlordane;
 K034 filter solids from the filtration of (T)
 hexachlorocyclopentadiene in the production of chlordane;
 K097 vacuum stripper discharge from the chlordane (T)
 chlorinator in the production of chlordane;
 K035 wastewater treatment sludges generated in the (T)
 production of creosote;
 K036 still bottoms from toluene reclamation (T)
 distillation in the production of disulfoton;
 K037 wastewater treatment sludges from the production (T)
of disulfoton;
 K038 wastewater from the washing and stripping of (T)
 of disulfoton;
 K039 filter cake from the filtration of (T)
 diethylphosphorodithioic acid in the production of phorate;
 K040 wastewater treatment sludge from the production (T)
 of phorate;
 K041 wastewater treatment sludge from the production (T)
 of toxaphene;
 K098 untreated process wastewater from the production (T)
of toxaphene;
 K042 heavy ends or distillation residues from the (T)
 distillation of tetrachlorobenzene in the production of 2,4,5-T;
 K043 2,6-Dichlorophenol waste from the production (T)
of 2,4-D;
K099 untreated wastewater from the production (T)
of 2,4-D;
K123 process wastewater (including supernates, (T)
 filtrates, and washwaters) from the production of ethylenebisdithiocarbamic acid and its salt;
 K124 reactor vent scrubber water from the production (C,T)
 of ethylenebisdithiocarbamic acid and its salts;
 K125 filtration, evaporation, and centrifugation (T)
 solids from the production of ethylenebisdithiocarbamic acid and its salts;
 K126 baghouse dust and floor sweepings in milling and (T)
 packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts;
 K131 wastewater from the reactor and spent sulfuric acid (C,T)
 from the acid dryer from the production of methyl bromide;
 K132 spent absorbent and wastewater separator solids (T)
 from the production of methyl bromide;
Explosives:
 K044 wastewater treatment sludges from the (R)
 manufacturing and processing of explosives;
 K045 spent carbon from the treatment of wastewater (R)
 containing explosives;
 K046 wastewater treatment sludges from the (T)
 manufacturing, formulation and loading of lead-based initiating compounds;
 K047 pink/red water from TNT operations; (R)
Petroleum refining:
 K048 dissolved air flotation (DAF) float from the (T)
 petroleum refining industry;
 K049 slop oil emulsion solids from the petroleum (T)
 refining industry;
 K050 heat exchanger bundle cleaning sludge from the (T)
 petroleum refining industry;
 K051 API separator sludge from the petroleum refining (T)
 industry;
 K052 tank bottoms (leaded) from the petroleum refining (T)
 industry;
Iron and steel:
 K061 emission control dust/sludge from the primary (T)
 production of steel in electric furnaces;
 K062 spent pickle liquor generated by steel finishing (C,T)
 operations of facilities within the iron and steel industry (SIC Codes 331 and 332);
Primary copper:
 K064 acid plant blowdown slurry/sludge resulting from (T)
 the thickening of blowdown slurry from primary copper production;
Primary lead:
 K065 surface impoundment solids contained in and (T)
dredged from surface impoundments at primary lead smelting facilities;
Primary zinc:
K066 sludge from treatment of process wastewater (T)
and/or acid plant blowdown from primary zinc production;
Primary aluminum:
 K088 spent potliners from primary aluminum reduction; (T)
Ferro alloys:
 K090 emission control dust or sludge from (T)
 ferrochromium-silicon production;
 K091 emission control dust or sludge from (T)
 ferrochromium production;
Secondary lead:
 K069 emission control dust/sludge from secondary lead (T)
 smelting; (Note, this listing has been stayed administratively for sludge generated from secondary acid scrubber systems. The stay will remain in effect until further administrative action is taken. Further administrative action will be taken after the U.S. EPA publishes a notice of action in the /Federal Register and the Department adopts regulations making this listing effective.)
 K100 waste leaching solution from acid leaching of (T)
 emission control dust/sludge from secondary lead smelting;
Veterinary pharmaceuticals:
 K084 wastewater treatment sludges generated during the (T)
 production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds;
 K101 distillation tar residues from the distillation (T)
 of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds;
 K102 residue from the use of activated carbon for (T)
 decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds;
Ink formulation:
 K086 solvent washes and sludges, caustic washes and (T)
 sludges, or water washes and sludges from cleaning tubs and  equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead;
Coking:
 K060 ammonia still lime sludge from coking operations; (T)
K087 decanter tank tar sludge from coking operations. (T)
K141 process residues from the recovery of coat tar, (T)
 including, but not limited to, collecting sump residues from the production of coke from coal or the recovery of coke by-products produced from coal. This listing does not include K087 (decanter tank tar sludges from coking operations).
K142 tar storage tank residues from the production of (T)
 coke from the coal or from the recovery of coke by-products produced from coal.
K143 process residues from the recovery of light oil, (T)
 including, but not limited to, those generated in stills, decanters, and wash oil recovery units from the recovery of coke by-products produced from coal.
K144 wastewater sump residues from light oil refining, (T)
 including, but not limited to, intercepting or contamination sump sludges from the recovery of coke by-products produced from coal.
K145 residues from naphthalene collection and recovery (T)
 operations from the recovery of coke by-products produced from coal.
K147 tar storage tank residues from coal tar refining. (T)
K148 residues from coal tar distillation, including but (T)
 not limited to, still bottoms.
 
  Note: Authority cited: Sections 25150, 25159, 25170, 25250.22 and  58012, Health and Safety Code. Reference: Sections 25117, 25120.2, 25150, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.32. 
  
 



s 66261.33. Discarded Commercial Chemical Products, Off-Specification Species, Container Residues, and Spill Residues Thereof.
The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in section 66261.2(b):
(a) any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in subsection (e) or (f) of this section. The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in . . ." refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in subsection (e) or (f) of this section. Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in subsection (e) or (f) of this section, such waste will be listed in either section 66261.31 or 66261.32 or will be identified as a hazardous waste by the characteristics set forth in article 3 of this chapter;
(b) any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in subsection (e) or (f) of this section;
(c) any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in subsections (e) or (f) of this section, unless the container is empty as defined in section 66261.7(b) of this chapter;
(d) any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in subsection (e) or (f) of this section, or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in subsection (e) or (f) of this section;
(e) the following commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in subsections (a) through (d) of this section, are Acute Hazardous Wastes (H). The primary hazardous properties of these materials have been indicated by the letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that the compound only is listed for acute toxicity. These wastes and their corresponding EPA hazardous waste numbers are:
 
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EPA
Hazardous  Chemical
Waste No.  Abstracts No.  Substances
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P023       107-20-0
P002       591-08-2
P057       640-19-7
P058       62-74-8
P002       591-08-2
P003       107-02-8
P070       116-06-3
P023       1646-88-4
P004       309-00-2
P005       107-18-6
P006       20859-73-8
P007       2763-96-4
P008       504-24-5
P009       131-74-8
P119       7803-55-6
P099       506-61-6
P010       7778-39-4
P012       1327-53-3
P011       1303-28-2
P011       1303-28-2
P012       1327-53-3
P038       692-42-2
P036       696-28-6
P054       151-56-4
P067       75-55-8
P013       542-62-1
P024       106-47-8
P077       100-01-6
P028       100-44-7
P042       51-43-4
           (methylamino)ethyl]-, (R)-
P046       122-09-8
           dimethyl-
P014       108-98-5
P127       1563-66-2
           dimethyl-, methylcarbamate.
P188       57-64-7
           with (3aS-cis)-1,2,3,3a,8,
           8a-hexahydro-1,3a,8-trimethyl-
           pyrrolo [2,3-b]indol-
           5-yl methylcarbamate ester (1:1).
P001

           (3-oxo-1-phenylbutyl)-, and salts
           when present at concentrations
           greater than 0.3
P028       100-44-7
P015       7440-41-7
P017       598-31-2
P018       357-57-3
P045       39196-18-4
           (methylthio)-, o-[(methylamino)
           carbonyl] oxime
P021       592-01-8
P189       55285-14-8
           thio]methyl-,2,3-dihydro-2,2-
           dimethyl- 7-benzofuranyl ester
P191       644-64-4
           [(dimethyl-amino)carbonyl]-
           5-methyl-1H-pyrazol-3-yl ester.
P192       119-38-0
           (1-methylethyl)-1H-pyrazol-5-yl ester.
P190       1129-41-5
           ester.
P127       1536-66-2
P022       75-15-0
P095       75-44-5
P189       55285-14-8
P023       107-20-0
P024       106-47-8
P026       5344-82-1
P027       542-76-7
P029       544-92-3
P202       64-00-6
P030
           otherwise specified
P031       460-19-5
P033       506-77-4
P034       131-89-5
P016       542-88-1
P036       696-28-6
P037       60-57-1
P038       692-42-2
P041       311-45-5
P040       297-97-2
P043       55-91-4
P004       309-00-2
           10,10-hexachloro-1,4,4a,5,8,8a-
           hexahydro-,(1alpha,4alpha,4abeta,
           5alpha,8alpha,8abeta)-
P060       465-73-6
           1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-
           hexahydro-, (1alpha,4alpha,4abeta,
           5beta,8beta,8abeta)-
P037       60-57-1
           rene,3,4,5,6,9,9-hexachloro-
           la,2,2a,3,6,6a,7,7a-octahydro-,
           (1aalpha,2beta,2aalpha,3beta,6beta,6a
           alpha, 7beta,7aalpha)-
P051
           3,4,5,6,9,9-hexachloro-
           1a,2,2a,3,6,6a,7,7a- octahydro-,
           (1aalpha,2beta,2abeta,3alpha,6
           alpha,6abeta,7beta,7aalpha)-, and
           metabolites
P191       644-64-4
P044       60-51-5
P046       122-09-8
P047
P048       51-28-5
P020       88-85-7
P085       152-16-9
P111       107-49-3
P039       298-04-4
P049       541-53-7
P185       26419-73-8
           dimethyl-, O-[(methylamino)-
           carbonyl]oxime.
P050       115-29-7
P088       145-73-3
P051       72-20-8
P051       72-20-8
P042       51-43-4
P031       460-19-5
P066       16752-77-5
           carbonyl] oxy]-, methyl ester
P194       23135-22-0
           N-[[(methylamino) carbonyl]oxy]-2-
           oxo-, methyl ester.
P101       107-12-0
P054       151-56-4
P097       52-85-7
P056       7782-41-4
P057       640-19-7
P058       62-74-8
P198       23422-53-9
P197       17702-57-7
P065       628-86-4
P059       76-44-8
P062       757-58-4
P116       79-19-6
P068       60-34-4
P063       74-90-8
P063       74-90-8
P096       7803-51-2
P060       465-73-6
P192       119-38-0
P202       64-00-6
P007       2763-96-4
P196       15339-36-3

           -S,S')-,
P196       15339-36-3
P092       62-38-4
P065       628-86-4
P082       62-75-9
P064       624-83-9
P016       542-88-1
P112       509-14-8
P118       75-70-7
P198       23422-53-9
           [3-[[(methylamino)-carbonyl]oxy]
           phenyl]-, monohydrochloride.
P197       17702-57-7
           methyl-4-[[methylamino)carb onyl]oxy]
           phenyl]-
P050       115-29-7

           pen,6,7,8,9,10,10 -hexachloro-
           1,5,5a,6,9,9a-hexahydro-, 3-oxide
P059       76-44-8
           heptachloro- 3a,4,7,7a-tetrahydro-
P199       2032-65-7
P066       16752-77-5
P068       60-34-4
P064       624-83-9
P069       75-86-5
P071       298-00-0
P190       1129-41-5
P128       315-8-4
P072       86-88-4
P073       13463-39-3
P074       557-19-7
P075
P076       10102-43-9
P077       100-01-6
P078       10102-44-0
P076       10102-43-9
P078       10102-44-0
P081       55-63-0
P082       62-75-9
P084       4549-40-0
P085       152-16-9
P087       20816-12-0
P087       20816-12-0
P088       145-73-3
           dicarboylic acid
P194       23135-22-0
P089       56-38-2
P034       131-89-5
P048       51-28-5
P047
P020       88-85-7
P009       131-74-8

P128       315-18-4
           methylcarbamate (ester).
P199       2032-65-7
           methylcarbamate
P202       64-00-6
           carbamate.
P201       2631-37-0
           methyl carbamate
P092       62-38-4
P093       103-85-5
P094       298-02-2
P095       75-44-5
P096       7803-51-2
P041       311-45-5
P039       298-04-4

           S-[2-(ethylthio)ethyl] ester
P094       298-02-2
           S- [(ethylthio)methyl] ester
P044       60-51-5
           S-[2 -(methylamino)-2-oxoethyl] ester
P043       55-91-4
           methylethyl) ester
P089       56-38-2
           (4-nitrophenyl) ester
P040       297-97-2
           O-pyrazinyl ester
P097       52-85-7
           no) sulfonyl]phenyl] O,O-dimethyl ester
P071       298-00-0

           0-(4-nitrophenyl) ester
P204       57-47-6
P188       57-64-7
P110       78-00-2
P098       151-50-8
P099       506-61-6
P201       2631-37-0
P070       116-06-3
           0- [(methylamino)carbonyl]oxime
P203       1646-88-4
           O-[(methylamino)carbonyl] oxime.
P101       107-12-0
P027       542-76-7
P069       75-86-5
P081       55-63-0
P017       598-31-2
P102       107-19-7
P003       107-02-8
P005       107-18-6
P067       75-55-8
P102       107-19-7
P008       504-24-5
P075       54-11-5
           pyrrolidinyl)-, (S) and salts
P204       57-47-6
           hexahydro-1,3a,8-trimethyl-,
           methylcarbamate (ester), (3aS-cis)-.
P114       12039-52-0
P103       630-10-4
P104       506-64-9
P105       26628-22-8
P106       143-33-9
P108
P018       357-57-3
P108
P115       7446-18-6
P109       3689-24-5
P110       78-00-2
P111       107-49-3
P112       509-14-8
P062       757-58-4
P113       1314-32-5
P113       1314-32-5
P114       12039-52-0
P115       7446-18-6
P109       3689-24-5
P045       39196-18-4
P049       541-53-7
           [(H
P014       108-98-5
P116       79-19-6
P026       5344-82-1
P072       86-88-4
P093       103-85-5
P185       26419-73-8
P123       8001-35-2
P118       75-70-7
P119       7803-55-6
P120       1314-62-1
P120       1314-62-1
P084       4549-40-0
P00l
           trations greater than 0.3%
P205       137-30-4
           S,S')-,
P121       557-21-1
P122       1314-84-7
           concentrations greater than 10% (R,T)
P205       137-30-4
[FN1] CAS Number given for parent compound only.
1...+...10....+...20....+...30....+...40....+...50.
 
*******************************************************************************
******* This is piece 5. -- It begins at character 52 of table line 6. ********
*******************************************************************************
 
 Acetaldehyde, chloro-
 Acetamide,
   N-(aminothioxomethyl)-
 Acetamide, 2-fluoro-
 Acetic acid, fluoro-, sodium
   salt
 1-Acetyl-2-thiourea
 Acrolein
 Aldicarb
 Aldicarb sulfone
 Aldrin
 Allyl alcohol
 Aluminum phosphide (R,T)
 5-(Aminomethyl)-3-isoxazolol
 4-Aminopyridine
 Ammonium picrate (R)
 Ammonium vanadate
 Argentate (1-), bis
   (cyano-C)-, potassium
 Arsenic acid H
 Arsenic oxide As
 Arsenic oxide As
 Arsenic pentoxide
 Arsenic trioxide
 Arsine, diethyl
 Arsonous dichloride, phenyl-
 Aziridine
 Aziridine, 2-methyl-
 Barium cyanide
 Benzenamine, 4-chloro-
 Benzenamine, 4-nitro-
 Benzene, (chloromethyl)-
 1,2-Benzenediol,
   4-[1-hydroxy-2-
 Benzeneethanamine,
   alpha,alpha-

 Benzenethiol
 7-Benzofuranol,
   2,3-dihydro-2,2-
 Benzoic acid, 2-hydroxy-,
   compd.

 2H-1-Benzopyran-2-one,4-hydro-
   xy-3-
 Benzyl chloride
 Beryllium powder
 Bromoacetone
 Brucine
 2-Butanone, 3,3-dimethyl-1-

 Calcium cyanide Ca(CN)
 Carbamic acid,
   [(dibutylamino)-
 Carbamic acid, dimethyl-,1-
 Carbamic acid, dimethyl-,
   3-methyl-1-
 Carbamic acid, methyl-,
   3-methylphenyl
 Carbofuran
 Carbon disulfide
 Carbonic dichloride
 Carbosulfan
 Chloroacetaldehyde
 p-Chloroaniline
 1-(o-Chlorophenyl) thiourea
 3-Chloropropionitrile
 Copper cyanide Cu(CN)
 m-Cumenyl methylcarbamate.
 Cyanides (soluble cyanide
   salts), not
 Cyanogen
 Cyanogen chloride (CN)Cl
 2-Cyclohexyl-4,6-dinitrophenol
 Dichloromethyl ether
 Dichlorophenylarsine
 Dieldrin
 Diethylarsine
 Diethyl-p-nitrophenyl
   phosphate
 O,O-Diethyl O-pyrazinyl
   phosphorothioate
 Diisopropyl fluorophosphate
   (DFP)
 1,4,5,8-Dimethanonaphthalene,-
   1,2,3,4-,
 1,4,5,8-Dimethanonaphthalene,
 2,7:3,6-Dimethanonaphth[2,3-b-
   ]oxi-

 2,7:3,6-Dimethanonaphth[2,3-b]
   oxirene,


 Dimetilan
 Dimethoate
 alpha,
   alpha-Dimethylphenethylamine
 4,6-Dinitro-o-cresol and salts
 2,4-Dinitrophenol
 Dinoseb
 Diphosphoramide, octamethyl-
 Diphosphoric acid, tetraethyl
   ester
 Disulfoton
 Dithiobiuret
 1,3-Dithiolane-2-carboxaldehy-
   de, 2,4-
 Endosulfan
 Endothall
 Endrin
 Endrin, and metabolites
 Epinephrine
 Ethanedinitrile
 Ethanimidothioic acid,
   N-[(methylamino)
 Ethanimidothioc acid,
   2-(dimethylamino)-
 Ethyl cyanide
 Ethyleneimine
 Famphur
 Fluorine
 Fluoroacetamide
 Fluoroacetic acid, sodium salt
 Formetanate hydrochloride.
 Formparanate
 Fulminic acid, mercury (2+)
   salt (R,T)
 Heptachlor
 Hexaethyl tetraphosphate
 Hydrazinecarbothioamide
 Hydrazine, methyl-
 Hydrocyanic acid
 Hydrogen cyanide
 Hydrogen phosphide
 Isodrin
 Isolan
 3-Isopropylphenyl
   N-methylcarbamate.
 3(2H)-Isoxazolone,
   5-(aminomethyl)-
 Manganese,
   bis(dimethylcarbamodithioato
 Manganese
   dimethyldithiocarbamate.
 Mercury, (acetato-O)phenyl-
 Mercury fulminate (R,T)
 Methanamine,
   N-methyl-N-nitroso-
 Methane, isocyanato-
 Methane, oxybis[chloro-
 Methane, tetranitro- (R)
 Methanethiol, trichloro-
 Methanimidamide,
   N,N-dimethyl-N'-
 Methanimidamide,
   N,N-dimethyl-N'-2[-
 6,9-Methano-2,4,3-benzodioxat-
   hie-
 4,7-Methano-1H-indene,
   1,4,5,6,7,8,8-
 Methiocarb
 Methomyl
 Methyl hydrazine
 Methyl isocyanate
 2-Methyllactonitrile
 Methyl parathion
 Metolcarb
 Mexacarbate
 alpha-Naphthylthiourea
 Nickel carbonyl, Ni(CO)
 Nickel cyanide Ni(CN)
 Nicotine and salts
 Nitric oxide
 p-Nitroaniline
 Nitrogen dioxide
 Nitrogen oxide NO
 Nitrogen oxide NO
 Nitroglycerine (R)
 N-Nitrosodimethylamine
 N-Nitrosomethylvinylamine
 Octamethylpyrophosphoramide
 Osmium oxide OsO, (T-4)-
 Osmium tetroxide
 7-Oxabicyclo[2.2.1]heptane-2,-
   3-
 Oxamyl
 Parathion
 Phenol,
   2-cyclohexyl-4,6-dinitro-
 Phenol, 2,4-dinitro-
 Phenol, 2-methy1-4,6-dinitro-
   and salts
 Phenol, 2-(1-methylpropyl)-4,-
   6-dinitro-
 Phenol, 2,4,6-trinitro-,
   ammonium salt (R)
 Phenol, 4-(dimethylamino)-3,5-
   -dimethyl-,
 Phenol, (3,5-dimethyl-4-(meth-
   ylthio)-,
 Phenol, 3-(1-methylethyl)-,
   methyl

 Phenol,
   3-methyl-5-(1-methylethyl)-,
 Phenylmercury acetate
 Phenylthiourea
 Phorate
 Phosgene
 Phosphine
 Phosphoric acid, diethyl
   4-nitrophenylester
 Phosphorodithioic acid,
   O,O-diethyl
 Phosphorodithioic acid,
   O,O-diethyl
 Phosphorodithioic acid,
   O,O-dimethyl
 Phosphorofluoridic acid,
   bis(1-
 Phosphorothioic acid,
   O,O-diethyl 0-
 Phosphorothioic acid,
   O,O-diethyl
 Phosphorothioic acid, 0-[4-
   [(dimethylami-
 Phosphorothioic acid,
   O,O-dimethyl
 Physostigmine.
 Physostigmine salicylate.
 Plumbane,tetraethyl-
 Potassium cyanide K(CN)
 Potassium silver cyanide
 Promecarb
 Propanal,
   2-methyl-2-(methylthio)-,
 Propanal, 2-methyl-2-(methyl--
   sulfonyl)-,
 Propanenitrile
 Propanenitrile, 3-chloro-
 Propanenitrile,
   2-hydroxy-2-methyl-
 1,2,3-Propanetriol, trinitrate
   (R)
 2-Propanone, 1-bromo-
 Propargyl alcohol
 2-Propenal
 2-Propen-1-ol
 1,2-Propylenimine
 2-Propyn-1-ol
 4-Pyridinamine
 Pyridine, 3-(1-methyl-2-
 Pyrrolo[2,3-b]indol-5-ol,
   1,2,3,3a,8,8a-
 Selenious acid, dithallium
   (1+) salt
 Selenourea
 Silver cyanide Ag(CN)
 Sodium azide
 Sodium cyanide Na(CN)
 Strychnidin-10-one, and salts
 Strychnidin-10-one,
   2,3-dimethoxy-
 Strychnine and salts
 Sulfuric acid, dithallium (1+)
   salt
 Tetraethyldithiopyrophosphate
 Tetraethyl lead
 Tetraethyl pyrophosphate
 Tetranitromethane (R)
 Tetraphosphoric acid,
   hexaethyl ester
 Thallic oxide
 Thallium oxide Tl
 Thallium (I) selenite
 Thallium (I) sulfate
 Thiodiphosphoric acid,
   tetraethyl ester
 Thiofanox
 Thioimidodicarbonic diamide
 Thiophenol
 Thiosemicarbazide
 Thiourea, (2-chlorophenyl)-
 Thiourea, 1-naphthalenyl-
 Thiourea, phenyl-
 Tirpate
 Toxaphene
 Trichloromethanethiol
 Vanadic acid, ammonium salt
 Vanadium oxide V
 Vanadium pentoxide
 Vinylamine,
   N-methyl-N-nitroso-
 Warfarin, and salts, when
   present at concen-
 Zinc, bis(dimethylcarbamodith-
   ioato-
 Zinc cyanide Zn(CN)
 Zinc phosphide Zn
 Ziram
52.....60....+...70....+...80..
 
(f) the following commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in subsections (a) through (d) of this section, are Toxic Wastes (T). The primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), I (Ignitability) and C (Corrosivity). Absence of a letter indicates that the compound is only listed for toxicity. These wastes and their corresponding EPA Hazardous Waste Numbers are:
U394     30558-43-1                            A2213
U001     75-07-0                               Acetaldehyde (I)
U034     75-87-6                               Acetaldehyde, trichloro-
U187     62-44-2                               Acetamide, N-(4-ethoxyphenyl)-
U005     53-96-3                               Acetamide, N-9H-fluoren-2-yl
U240     1 94-75-7                             Acetic acid,
  (2-4-dichlorophenoxy)-,
         salts and esters
U112     141-78-6                              Acetic acid, ethyl ester (I)
U144     301-04-2                              Acetic acid, lead (2+) salt
U214     563-68-8                              Acetic acid, thallium (1+) salt
See      93-76-5                               Acetic acid,
  F027  (2,4,5-trichlorophenoxy)-
U002     67-64-1                               Acetone (I)
U003     75-05-8                               Acetonitrile (I,T)
U004     98-86-2                               Acetophenone
U005     53-96-3  2-Acetylaminofluorene
U006     75-36-5                               Acetyl chloride (C,R,T)
U007     79-06-1                               Acrylamide
U008     79-10-7                               Acrylic acid (I)
U009     107-13-1                              Acrylonitrile
U011     61-82-5                               Amitrole
U012     62-53-3                               Aniline (I,T)
U136     75-60-5                               Arsinic acid, dimethyl-
U014     492-80-8                              Auramine
U015     115-02-6                              Azaserine
U010     50-07-7  Azirino(2',3':3,4)pyrrolo
         [1,2-a]indole-4,7-dione,6- amino-
         8-[((aminocarbonyl)oxy)methyl]-
         1,1a,2,8,8a,8b-hexahydro-8a-
         methoxy-5-methyl-[1aS-(1aalpha,
         8beta, 8aalpha,8balpha)]-
U280     101-27-9                              Barban.
U278     22781-23-3                            Bendiocarb.
U364     22961-82-6                            Bendiocarb phenol.
U271     17804-35-2                            Benomyl.
U157     56-49-5  Benz[j]aceanthrylene,
         1,2-dihydro-3 -methyl-
U016     225-51-4  Benz[c]acridine
U017     98-87-3                               Benzal chloride
U192     23950-58-5                            Benzamide,
  3,5-dichloro-N-(1,1-dime-
         thyl-2-propynyl)-
U018     56-55-3  Benz[a]anthracene
U094     57-97-6  Benz[a]anthracene,
  7,12-dimethyl-
U012     62-53-3                               Benzenamine (I,T)
U014     492-80-8                              Benzenamine,
  4,4'-carbonimidoylbis
         [N,N-dimethyl]-
U049     3165-93-3                             Benzenamine, 4-chloro-2-methyl-,
         hydrochloride
U093     60-11-7                               Benzenamine, N,N-dimethy1-4-
         (phenylazo)-
U328     95 -53-4                              Benzenamine, 2-methyl-
U353     106-49-0                              Benzenamine, 4-methyl-
U158     101-14-4                              Benzenamine,
         4,4'-methylenebis[2-chloro-
U222     636-21-5                              Benzenamine, 2-methyl-,
  hydrochloride
U181     99-55-8                               Benzenamine, 2-methyl-5-nitro-
U019     71-43-2                               Benzene (I,T)
U038     510-15-6                              Benzeneacetic acid,
  4-chloro-alpha-
         (4-chlorophenyl)- alpha-hydroxy,
         ethyl ester
U030     101-55-3                              Benzene, 1-bromo-4-phenoxy-
U035     305-03-3  Benzenebutanoic acid,
         4-[bis(2-chloroethyl)amino]-
U037     108-90-7                              Benzene, chloro-
U221     25376-45-8  Benzenediamine, ar-methyl-
U028     117-81-7  1,2-Benzenedicarboxylic acid,
                                                 bis
         (2-ethylhexyl) ester
U069     84-74-2  1,2-Benzenedicarboxylic acid,
                                                 dibutyl
         ester
U088     84-66-2  1,2-Benzenedicarboxylic acid,
                                                 diethyl
         ester
U102     131-11-3  1,2-Benzenedicarboxylic acid,
                                                 dimethyl
         ester
U107     117-84-0  1,2-Benzenedicarboxylic acid,
                                                 dioctyl
         ester
U070     95-50-1                               Benzene, 1,2-dichloro-
U071     541-73-1                              Benzene, 1,3-dichloro-
U072     106-46-7                              Benzene, 1,4-dichloro-
U060     72-54-8                               Benzene, 1,
         1'-(2,2-dichloroethylidene)bis
         [4-chloro]-
U017     98-87-3                               Benzene, (dichloromethyl)-
U223     26471-62-5                            Benzene, 1,3-diisocyanatomethyl-
                                                 (R,T)
U239     1330-20-7                             Benzene, dimethyl- (I,T)
U201     108-46-3  1,3-Benzenediol
U127     118-74-1                              Benzene, hexachloro-
U056     110-82-7                              Benzene, hexahydro- (I)
U220     108-88-3                              Benzene, methyl-
U105     121-14-2                              Benzene, 1-methyl-2,4-dinitro-
U106     606-20-2                              Benzene, 2-methyl-1,3-dinitro-
U055     98-82-8                               Benzene, (1-methylethyl)- (I)
U169     98-95-3                               Benzene, nitro-
U183     608-93-5                              Benzene, pentachloro-
U185     82-68-8                               Benzene, pentachloronitro-
U020     98-09-9  Benzenesulfonic acid chloride
                                                 (C,R)
U020     98-09-9  Benzenesulfonyl chloride (C,R)
U207     95-94-3                               Benzene, 1,2,4,5-tetrachloro-
U061     50-29-3                               Benzene, 1,1'-(2,2,2-
         trichloroethylidene)bis
         [4-chloro]-
U247     72-43-5                               Benzene, 1,1'-(2,2,2-trichloroe-
                                                 thylidene)
         bis [4-methoxy]-
U023     98-07-7                               Benzene, (trichloromethyl)-
U234     99-35-4                               Benzene, 1,3,5-trinitro-
U021     92-87-5                               Benzidine
U202     1 81-07-2  1,2-Benzisothiazo1-3-(2H)-one,
                                                 1,1-
         dioxide and salts
U203     94-59-7  1,3-Benzodioxole,
  5-(2-propenyl)-
U141     120-58-1  1,3-Benzodioxole,
  5-(1-propenyl)-
U090     94-58-6  1,3-Benzodioxole, 5-propyl-
U064     189-55-9  Benzo[rst]pentaphene
U248     1 81-81-2  2H-1-Benzopyran-2-one,
         4-hydroxy-3-(3-oxo-
         1-phenylbutyl)-, and salts, when
         present at concentrations of 0.3% or
         less
U022     50-32-8  Benzo[a]pyrene
U278     22781-23-3  1,3-Benzodioxol-4-ol,
  2,2-dimethyl-,
         methyl carbamate.
U364     22961-82-6  1,3-Benzodioxol-4-ol,
  2,2-dimethyl-,
U367     1563-38-8  7-Benzofuranol, 2-3-dihydro-2,2-
         dimethyl-
U197     106-51-4  p-Benzoquinone
U023     98-07-7  Benzotrichloride (C,R,T)
U085     1464-53-5  2,2'-Bioxirane
U021     92-87-5  [1,1'-Biphenyl]-4,4'-diamine
U073     91-94-1  [1,1'-Biphenyl]-4,4'-diamine,
         3.3'-dichloro-
U091     119-90-4  [1,1'-Biphenyl]-4,4'-diamine,
         3,3'-dimethoxy-
U095     119-93-7  [1,1'-Biphenyl]-4,4'-diamine,
         3,3'-dimethyl-
U225     75-25-2                               Bromoform
U030     101-55-3                              4-Bromophenyl phenyl ether
U128     87-68-3  1,3-Butadiene,
  1,1,2,3,4,4-hexachloro-
U172     924-16-3                              1-Butanamine, N-butyl-N-nitroso-
U031     71-36-3                               1-Butanol (I)
U159     78-93-3                               2-Butanone (I,T)
U160     1338-23-4                             2-Butanone, peroxide (R,T)
U053     4170-30-3                             2-Butenal
U074     764-41-0                              2-Butene, 1,4-dichloro- (I,T)
U143     303-34-4                              2-Butenoic acid, 2-methyl-,
         7-[(2,3-dihydroxy-
         2-(1-methoxyethyl)-3-methyl-1-
         oxobutoxy) methyl]-2,3,5,7a-
         tetrahydro-1H-pyrrolizin-1-yl
         ester,[1S-[1alpha (Z),7(2S*, 3R*),
         7aalpha]-
U031     71-36-3                               n-Butyl alcohol (I)
U136     75-60-5                               Cacodylic acid
U032     13765-19-0                            Calcium chromate
U372     10605-21-7                            Carbamic acid,
  1H-benzimidazol-2-yl,
         methyl ester.
U271     17804-35-2                            Carbamic acid,
  [1-[(butylamino)carbonyl]-
         1H-benzimidazol-2-yl]-, methyl
           ester.
U280     101-27-9                              Carbamic acid,
  (3-chlorophenyl)-,
         4-chloro-2-butynyl ester.
U238     51-79-6                               Carbamic acid, ethyl ester
U178     615-53-2                              Carbamic acid, methylnitroso-,
                                                 ethyl
         ester
U373     122-42-9                              Carbamic acid, phenyl-,
  1-methylethyl
         ester.
U409     23564-05-8                            Carbamic acid, [1,2-phenylenebis
         (iminocarbonothioyl)]bis-, dimethyl
         ester.
U389     2303-17-5                             Carbamothioic acid,
  bis(1-methylethyl)-,
         S-(2,3,3-trichloro-2-propenyl)
           ester.
U387     52888-80-9                            Carbamothioic acid, dipropyl-,
                                                 S-
         (phenylmethyl) ester.
U097     79-44-7                               Carbamic chloride, dimethyl-
U114  Carbamodithioic acid,
  1,2-ethanediylbis-,
         salts and esters
U062     2303-16-4                             Carbamothioic acid,
  bis(1-methylethyl)-,
         S-(2,3-dichloro-2-propenyl) ester
U279     63-25-2                               Carbaryl.
U372     10605-21-7                            Carbendazim.
U367     1563-38-8                             Carbofuran phenol.
U215     6533-73-9                             Carbonicacid, dithallium (1+)
                                                 salt
U033     353-50-4                              Carbonic difluoride
U156     79-22-1  Carbonochloridic acid, methyl
                                                 ester (I,T)
U033     353-50-4                              Carbon oxyfluoride (R,T)
U211     56-23-5                               Carbon tetrachloride
U034     75-87-6                               Chloral
U035     305-03-3                              Chlorambucil
U036     57-74-9                               Chlordane, alpha and gamma
                                                 isomers
U026     494-03-1  Chlornaphazine
U037     108-90-7                              Chlorobenzene
U038     510-15-6  Chlorobenzilate
U039     59-50-7  p-Chloro-m-cresol
U042     110-75-8                              2-Chloroethyl vinyl ether
U044     67-66-3                               Chloroform
U046     107-30-2                              Chloromethyl methyl ether
U047     91-58-7  beta-Chloronaphthalene
U048     95-57-8  o-Chlorophenol
U049     3165-93-3  4-Chloro-o-toluidine,
  hydrochloride
U032     13765-19-0                            Chromic acid HCr
U050     218-01-9                              Chrysene
U051                                           Creosote
U052     1319-77-3                             Cresol (Cresylic acid)
U053     4170-30-3  Crotonaldehyde
U055     98-82-8                               Cumene (I)
U246     506-68-3                              Cyanogen bromide (CN)Br
U197     106-51-4  2,5-Cyclohexadiene-1, 4-dione
U056     110-82-7                              Cyclohexane (I)
U129     58-89-9                               Cyclohexane,
  1,2,3,4,5,6-hexachloro-,
         (1alpha, 2alpha, 3beta, 4alpha,
           5alpha,
         6beta)-
U057     108-94-1                              Cyclohexanone (I)
U130     77-47-4  1,3-Cyclopentadiene,
  1,2,3,4,5,5-
         hexachloro-
U058     50-18-0  Cyclophosphamide
U240                                           2,4-D, salts and esters
U059     20830-81-3                            Daunomycin
U060     72-54-8                               DDD
U061     50-29-3                               DDT
U062     2303-16-4                             Diallate
U063     53-70-3  Dibenz[a,h]anthracene
U064     189-55-9  Dibenzo[a,i]pyrene
U066     96-12-8  1,2-Dibromo-3-chloropropane
U069     84-74-2                               Dibutyl phthalate
U070     95-50-1  o-Dichlorobenzene
U071     541-73-1  m-Dichlorobenzene
U072     106-46-7  p-Dichlorobenzene
U073     91-94-1  3,3'-Dichlorobenzidine
U074     764-41-0  1,4-Dichloro-2-butene (I,T)
U075     75-71-8  Dichlorodifluoromethane
U078     75-35-4  1,1-Dichloroethylene
U079     156-60-5  1,2-Dichloroethylene
U025     111-44-4                              Dichloroethyl ether
U027     108-60-1  Dichloroisopropyl ether
U024     111-91-1  Dichloromethoxy ethane
U081     120-83-2  2,4-Dichlorophenol
U082     87-65-0  2,6-Dichlorophenol
U084     542-75-6  1,3-Dichloropropene
U085     1464-53-5  1,2:3,4-Diepoxybutane (I,T)
U108     123-91-1  1,4-Diethyleneoxide
U395     5952-26-1                             Diethylene glycol, dicarbamate.
U028     117-81-7                              Diethylhexyl phthalate
U086     1615-80-1  N,N'-Diethylhydrazine
U087     3288-58-2  O,O-Diethyl-S-methyl
  dithiophosphate
U088     84-66-2                               Diethyl phthalate
U089     56-53-1  Diethylstilbestrol
U090     94-58-6  Dihydrosafrole
U091     119-90-4  3,3'-Dimethoxybenzidine
U092     124-40-3                              Dimethylamine (I)
U093     60-11-7  p-Dimethylaminoazobenzene
U094     57-97-6  7,12-Dimethylbenz[a]anthracene
U095     119-93-7  3,3'-Dimethylbenzidine
U096     80-15-9  alpha,alpha-Dimethylbenzylhydro-
                                                 peroxide
         (R)
U097     79-44-7  Dimethylcarbamoyl chloride
U098     57-14-7  1,1-Dimethylhydrazine
U099     540-73-8  1,2-Dimethylhydrazine
U101     105-67-9  2,4-Dimethylphenol
U102     131-11-3                              Dimethyl phthalate
U103     77-78-1                               Dimethyl sulfate
U105     121-14-2  2,4-Dinitrotoluene
U106     606-20-2  2,6-Dinitrotoluene
U107     117-84-0                              Di-n-octyl phthalate
U108     123-91-1                              1,4-Dioxane
U109     122-66-7  1,2-Diphenylhydrazine
U110     142-84-7                              Dipropylamine (I)
U111     621-64-7  Di-n-propylnitrosamine
U041     106-89-8  Epichlorohydrin
U001     75-07-0                               Ethanal (I)
U174     55-18-5                               Ethanamine, N-ethyl-N-nitroso-
U404     121-44-8                              Ethanamine, N,N-diethyl-
U155     91-80-5  1,2-Ethanediamine,
  N,N-dimethyl-N'-
         2-pyridinyl-N'-(2-thienylmethyl)-
U067     106-93-4                              Ethane, 1,2-dibromo-
U076     75-34-3                               Ethane, 1,1-dichloro-
U077     107-06-2                              Ethane, 1,2-dichloro-
U131     67-72-1                               Ethane, hexachloro-
U024     111-91-1                              Ethane,
  1,1'-[methylenebis(oxy)]bis
         [2-chloro-
U117     60-29-7                               Ethane, 1,1'-oxybis- (I)
U025     111-44-4                              Ethane, 1,1'-oxybis[2-chloro-
U184     76-01-7                               Ethane, pentachloro-
U208     630-20-6                              Ethane, 1,1,1,2-tetrachloro-
U209     79-34-5                               Ethane, 1,1,2,2-tetrachloro-
U218     62-55-5  Ethanethioamide
U226     71-55-6                               Ethane, 1,1,1- trichloro-
U227     79-00-5                               Ethane, 1,1,2-trichloro-
U410     59669-26-0  Ethanimidothioic acid,
  N,N'-[thiobis
         [(methylimino)carbonyloxy]]bis-,
         dimethyl ester
U394     30558-43-1  Ethanimidothioic acid,
  2-(dimethylamino)-
         N-hydroxy-2-oxo-, methyl ester.
U359     110-80-5                              Ethanol, 2-ethoxy
U173     1116-54-7                             Ethanol, 2,2'-(nitrosoimino)bis-
U395     5952-26-1                             Ethanol, 2,2'-oxybis-,
                                                 dicarbamate.
U004     98-86-2                               Ethanone, 1-phenyl-
U043     75-01-4                               Ethene, chloro-
U042     110-75-8                              Ethene, (2-chloroethoxy)-
U078     75-35-4                               Ethene, 1,1-dichloro-
U079     156-60-5                              Ethene, 1,2-dichloro-, (E)-
U210     127-18-4                              Ethene, tetrachloro-
U228     79-01-6                               Ethene, trichloro-
U112     141-78-6                              Ethyl acetate (I)
U113     140-88-5                              Ethyl acrylate (I)
U238     51-79-6                               Ethyl carbamate (urethane)
U114  Ethylenebisdithiocarbamic acid,
                                                 salts
         and esters
U067     106-93-4                              Ethylene dibromide
U077     107-06-2                              Ethylene dichloride
U359     110-80-5                              Ethylene glycol monoethyl ether
U115     75-21-8                               Ethylene oxide (I,T)
U116     96-45-7                               Ethylene thiourea
U117     60-29-7                               Ethyl ether (I)
U076     75-34-3                               Ethylidene dichloride
U118     97-63-2                               Ethyl methacrylate
U119     62-50-0                               Ethyl methanesulfonate
U120     206-44-0                              Fluoranthene
U122     50-00-0                               Formaldehyde
U123     64-18-6                               Formic acid (C,T)
U124     110-00-9                              Furan (I)
U125     98-01-1  2-Furancarboxaldehyde (I)
U147     108-31-6  2,5-Furandione
U213     109-99-9                              Furan, tetrahydro- (I)
U125     98-01-1                               Furfural (I)
U124     110-00-9                              Furfuran (I)
U206     18883-66-4  Glucopyranose,
  2-deoxy-2(3-methyl-3-
         nitrosoureido)-, D-
U206     18883-66-4                            D-Glucose, 2-deoxy-2-
         [c(methylnitrosoamino)-
         carbonyl]amino]-
0126     765-34-4  Glycidylaldehyde
U163     70-25-7                               Guanidine,
         N-methyl-N'-nitro-N-nitroso-
U127     118-74-1  Hexachlorobenzene
U128     87-68-3  Hexachlorobutadiene
U130     77-47-4  Hexachlorocyclopentadiene
U131     67-72-1  Hexachloroethane
U132     70-30-4  Hexachlorophene
U243     1888-71-7  Hexachloropropene
U133     302-01-2                              Hydrazine (R,T)
U086     1615-80-1                             Hydrazine, 1,2-diethyl-
U098     57-14-7                               Hydrazine, 1,1-dimethyl-
U099     540-73-8                              Hydrazine, 1,2-dimethyl-
U109     122-66-7                              Hydrazine, 1,2-diphenyl-
U134     7664-39-3                             Hydrofluoric acid (C,T)
U134     7664-39-3                             Hydrogen fluoride (C,T)
U135     7783-06-4                             Hydrogen sulfide H
U096     80-15-9  Hydroperoxide,
         1-methyl-1-phenylethyl-(R)
U116     96-45-7  2-Imidazolidinethione
U137     193-39-5  Indeno[1,2,3-cd]pyrene
U190     85-44-9  1,3-Isobenzofurandione
U140     78-83-1                               Isobutyl alcohol (I,T)
U141     120-58-1                              Isosafrole
U142     143-50-0                              Kepone
U143     303-34-4                              Lasiocarpine
U144     301-04-2                              Lead acetate
U146     1335-32-6                             Lead,
  bis(acetato-O)tetrahydroxytri-
U145     7446-27-7                             Lead phosphate
U146     1335-32-6                             Lead subacetate
U129     58-89-9                               Lindane
U163     70-25-7                               MNNG
U147     108-31-6                              Maleic anhydride
U148     123-33-1                              Maleic hydrazide
U149     109-77-3                              Malononitrile
U150     148-82-3                              Melphalan
U151     7439-97-6                             Mercury
U152     126-98-7  Methacrylonitrile (I,T)
U092     124-40-3                              Methanamine, N-methyl- (I)
U029     74-83-9                               Methane, bromo-
U045     74-87-3                               Methane, chloro- (I,T)
U046     107-30-2                              Methane, chloromethoxy-
U068     74-95-3                               Methane, dibromo-
U080     75-09-2                               Methane, dichloro-
U075     75-71-8                               Methane, dichlorodifluoro-
U138     74-88-4                               Methane, iodo-
U119     62-50-0  Methanesulfonic acid, ethyl
                                                 ester
U211     56-23-5                               Methane, tetrachloro-
U153     74-93-1                               Methanethiol (I,T)
U225     75-25-2                               Methane, tribromo-
U044     67-66-3                               Methane, trichloro-
U121     75-69-4                               Methane, trichlorofluoro-
U036     57-74-9  4,7-Methano-1H-indene,
  1,2,4,5,6,7,8,8-
         octachloro-2,3,3a,4,7,7a-hexahydro-
U154     67-56-1                               Methanol (I)
U155     91-80-5                               Methapyrilene
U142     143-50-0  1,3,4-Metheno-2H-cyclobuta[cd]p-
                                                 enta-
         len-2-one,1,1a,3,3a,4,5,5,5a,5b,6-
         decachlorooctahydro-
U247     72-43-5                               Methoxychlor
U154     67-56-1                               Methyl alcohol (I)
U029     74-83-9                               Methyl bromide
U186     504-60-9  1-Methylbutadiene (I)
U045     74-87-3                               Methyl chloride (I,T)
U156     79-22-1                               Methyl chlorocarbonate (I,T)
U226     71-55-6                               Methyl chloroform
U157     56-49-5  3-Methylcholanthrene
U158     101-14-4  4,4'-Methylenebis(2-chloroanili-
                                                 ne)
U068     74-95-3                               Methylene bromide
U080     75-09-2                               Methylene chloride
U159     78-93-3                               Methyl ethyl ketone (MEK) (I,T)
U160     1338-23-4                             Methyl ethyl ketone peroxide
                                                 (R,T)
U138     74-88-4                               Methyl iodide
U161     108-10-1                              Methyl isobutyl ketone (I)
U162     80-62-6                               Methyl methacrylate (I,T)
U161     108-10-1  4-Methyl-2-pentanone (I)
U164     56-04-2  Methylthiouracil
U010     50-07-7                               Mitomycin C
U059     20830-81-3  5,12-Naphthacenedione,
  8-acetyl-10-
         [(3-amino-2,3,6-trideoxy)-alpha-L-
         lyxo-hexopyranosyl)oxy]-7,8,9,10-
         tetrahydro-6,8,11-trihydroxy-1-me-
         thoxy-, (8S-cis)-
U167     134-32-7  1-Naphthalenamine
U168     91-59-8  2-Naphthalenamine
U026     494-03-1  Naphthalenamine,
         N,N'-bis(2-chloroethyl)-
U165     91-20-3                               Naphthalene
U047     91-58-7                               Naphthalene, 2-chloro-
U166     130-15-4  1,4-Naphthalenedione
U236     72-57-1  2,7-Naphthalenedisulfonic acid,
                                                 3,3'-
         [(3,3'-dimethyl
           [1,1'-biphenyl]-4,4'-
         diyl)]-bis(azo)bis(5-amino-4-
         hydroxy)-, tetrasodium salt
U279     63-25-2  1-Naphthalenol, methylcarbamate.
U166     130-15-4  1,4-Naphthoquinone
U167     134-32-7  alpha-Naphthylamine
U168     91-59-8  beta-Naphthylamine
U217     10102-45-1                            Nitric acid, thallium (1+) salt
U169     98-95-3                               Nitrobenzene (I,T)
U170     100-02-7                              p-Nitrophenol
U171     79-46-9  2-Nitropropane (I,T)
U172     924-16-3  N-Nitrosodi-n-butylamine
U173     1116-54-7  N-Nitrosodiethanolamine
U174     55-18-5  N-Nitrosodiethylamine
U176     759-73-9  N-Nitroso-N-ethylurea
U177     684-93-5  N-Nitroso-N-methylurea
U178     615-53-2  N-Nitroso-N-methylurethane
U179     100-75-4  N-Nitrosopiperidine
U180     930-55-2  N-Nitrosopyrrolidine
U181     99-55-8  5-Nitro-o-toluidine
U193     1120-71-4  1,2-Oxathiolane, 2,2-dioxide
U058     50-18-0  2H-1,3,2-Oxazaphosphorin-2-amin-
                                                 e,
         N,N-bis(2-chloroethyl)
         tetrahydro-,2-oxide
U115     75-21-8                               Oxirane (I,T)
U126     765-34-4  Oxiranecarboxyaldehyde
U041     106-89-8                              Oxirane, (chloromethyl)-
U182     123-63-7                              Paraldehyde
U183     608-93-5  Pentachlorobenzene
U184     76-01-7  Pentachloroethane
U185     82-68-8  Pentachloronitrobenzene (PCNB)
See      87-86-5  Pentachlorophenol
  F027
U161     108-10-1                              Pentanol, 4-methyl-
U186     504-60-9  1,3-Pentadiene (I)
U187     62-44-2                               Phenacetin
U188     108-95-2                              Phenol
U048     95-57-8                               Phenol, 2-chloro-
U039     59-50-7                               Phenol, 4-chloro-3-methyl-
U081     120-83-2                              Phenol, 2,4-dichloro-
U082     87-65-0                               Phenol, 2,6-dichloro-
U089     56-53-1                               Phenol, 4,4'-(1,2-diethyl-1,2-e-
                                                 thenediyl)
         bis-, (E)-
U101     105-67-9                              Phenol, 2,4-dimethyl-
U052     1319-77-3                             Phenol, methyl-
U411     114-26-1                              Phenol, 2-(1-methylethoxy)-,
         methylcarbamate.
U132     70-30-4                               Phenol, 2,2'-methylenebis[3,4,6-
         trichloro-
U170     100-02-7                              Phenol, 4-nitro-
See      87-86-5                               Phenol, pentachloro-
  F027
See      58-90-2                               Phenol, 2,3,4,6-tetrachloro-
  F027
See      95-95-4                               Phenol, 2,4,5-trichloro-
  F027
See      88-06-2                               Phenol, 2,4,6-trichloro-
  F027
U150     148-82-3  L-Phenylalanine, 4-[bis(2-
         chloroethyl)amino]-
U145     7446-27-7                             Phosphoric acid, lead (2+) salt
                                                 (2:3)
U087     3288-58-2  Phosphorodithioic acid,
                                                 O,O-diethyl
         S-methyl ester
U189     1314-80-3                             Phosphorous sulfide (R)
U190     85-44-9                               Phthalic anhydride
U191     109-06-8                              2-Picoline
U179     100-75-4                              Piperidine, 1-nitroso-
U192     23950-58-5                            Pronamide
U194     107-10-8                              1-Propanamine (I,T)
U111     621-64-7  1-Propanamine,
  N-nitroso-N-propyl-
U110     142-84-7  1-Propanamine, N-propyl- (I)
U066     96-12-8                               Propane, 1,2-dibromo-3-chloro-
U083     78-87-5                               Propane, 1,2-dichloro-
U149     109-77-3  Propanedinitrile
U171     79-46-9                               Propane, 2-nitro- (I,T)
U027     108-60-1                              Propane, 2,2'-oxybis[1-chloro-
U193     1120-71-4                             1,3-Propane sultone
See      93-72-1                               Propanoic acid, 2-(2,4,5-
  F027
         trichlorophenoxy)-
U235     126-72-7                              1-Propanol, 2,3-dibromo-,
                                                 phosphate (3:1)
U140     78-83-1                               1-Propanol, 2-methyl- (I,T)
U002     67-64-1                               2-Propanone (I)
U007     79-06-1                               2-Propenamide
U084     542-75-6                              1-Propene, 1,3-dichloro
U243     1888-71-7                             1-Propene,
  1,1,2,3,3,3-hexachloro-
U009     107-13-1  2-Propenenitrile
U152     126-98-7  2-Propenenitrile, 2-methyl-
                                                 (I,T)
U008     79-10-7                               2-Propenoic acid (I)
U113     140-88-5                              2-Propenoic acid, ethyl ester
                                                 (I)
U118     97-63-2                               2-Propenoic acid, 2-methyl-,
                                                 ethyl ester
U162     80-62-6                               2-Propenoic acid, 2-methyl-,
                                                 methyl ester
         (I,T)
U373     122-42-9                              Propham.
U411     114-26-1                              Propoxur.
U194     107-10-8                              n-Propylamine (I,T)
U083     78-87-5                               Propylene dichloride
U387     52888-80-9                            Prosulfocarb.
U148     123-33-1  3,6-Pyridazinedione,
  1,2-dihydro-
U196     110-86-1                              Pyridine
U191     109-06-8                              Pyridine, 2-methyl-
U237     66-75-1  2,4-(1H,3H)-Pyrimidinedione,
                                                 5-[bis(2-
         chloroethyl)amino]-
U164     56-04-2  4-(1H)-Pyrimidinone,
         2,3-dihydro-6-methyl-2-thioxo-
U180     930-55-2                              Pyrrolidine, 1-nitroso-
U200     50-55-5                               Reserpine
U201     108-46-3                              Resorcinol
U202                                           Saccharin and salts
U203     94-59-7                               Safrole
U204     7783-00-8                             Selenious acid
U204     7783-00-8                             Selenium dioxide
U205     7488-56-4                             Selenium sulfide SeS
U015     115-02-6                              L-Serine, diazoacetate (ester)
See      93-72-1                               Silvex
  F027
U206     18883-66-4  Streptozotocin
U103     77-78-1                               Sulfuric acid, dimethyl ester
U189     1314-80-3                             Sulfur phosphide (R)
See      93-76-5                               2,4,5-T
  F027
U207     95-94-3  1,2,4,5-Tetrachlorobenzene
U208     630-20-6  1,1,1,2-Tetrachloroethane
U209     79-34-5  1,1,2,2-Tetrachloroethane
U210     127-18-4  Tetrachloroethylene
See      58-90-2  2,3,4,6-Tetrachlorophenol
  F027
U213     109-99-9  Tetrahydrofuran (I)
U214     563-68-8                              Thallium (I) acetate
U215     6533-73-9                             Thallium (I) carbonate
U216     7791-12-0                             Thallium (I) chloride
U216     7791-12-0                             Thallium chloride TlCl
U217     10102-45-1                            Thallium (I) nitrate
U218     62-55-5                               Thioacetamide
U410     59669-26-0                            Thiodicarb.
U153     74-93-1                               Thiomethanol (I,T)
U244     137-26-8  Thioperoxydicarbonic diamide
         [(H2N)C(S)]2S2 tetramethyl-
U409     23564-05-8  Thiophanate-methyl.
U219     62-56-6                               Thiourea
U244     137-26-8                              Thiram
U220     108-88-3                              Toluene (I,T)
U221     25376-45-8  Toluenediamine
U223     26471-62-5                            Toluene diisocyanate (R,T)
U328     95-53-4                               o-Toluidine
U353     106-49-0                              p-Toluidine
U222     636-21-5                              o-Toluidine hydrochloride
U011     61-82-5  1H-1,2,4-Triazol-3-amine
U389     2303-17-5                             Triallate.
U227     79-00-5  1,1,2-Trichloroethane
U228     79-01-6  Trichloroethylene
U121     75-69-4  Trichloromonofluoromethane
See      95-95-4  2,4,5-Trichlorophenol
  F027
See      88-06-2  2,4,6-Trichlorophenol
  F027
U404     121-44-8                              Triethylamine.
U234     99-35-4  1,3,5-Trinitrobenzene (R,T)
U182     123-63-7  1,3,5-Trioxane, 2,4,6-trimethyl-
U235     126-72-7                              Tris (2,3-dibromopropyl)
                                                 phosphate
U236     72-57-1                               Trypan blue
U237     66-75-1                               Uracil mustard
U176     759-73-9                              Urea, N-ethyl-N-nitroso-
U177     684-93-5                              Urea, N-methyl-N-nitroso-
U043     75-01-4                               Vinyl chloride
U248                                           Warfarin, and salts, when
                                                 present at
         concentrations of 0.3% or less
U239     1330-20-7                             Xylene (I)
U200     50-55-5  Yohimban-16-carboxylic acid,
                                                 11,17-di
                                               methoxy-
  18-[(3,4,5-trimethoxyben-
                                               zoyl)oxy]-, methyl ester,(3
                                                 beta, 16 beta,
                                               17 alpha, 18 beta, 20 alpha)-
U249     1314-84-7                             Zinc phosphide Zn3P2, when
                                                 present at
  concentrations of 10% or less
[FN1] CAS Number given for parent compound only.
 
 
  Note: Authority cited: Sections 25159 and 58012, Health and Safety Code. Reference: Sections 25117, 25120.2, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.33. 
  
 



s 66261.35. Deletion of Certain Hazardous Waste Codes Following Equipment Cleaning and Replacement.
 (a) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of subsections (b) and (c) of this section. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.
(b) Generators shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the groundwater, surface waters, or atmosphere.
(1) generators shall do one of the following:
(A) prepare and follow an equipment cleaning plan and clean equipment in accordance with this section;
(B) prepare and follow an equipment replacement plan and replace equipment in accordance with this section; or
(C) document cleaning and replacement in accordance with this section, carried out after termination of use of chlorophenolic preservations.
(2) cleaning requirements.
(A) preserve and sign a written equipment cleaning plan that describes:
1. the equipment to be cleaned;
2. how the equipment will be cleaned;
3. the solvent to be used in cleaning;
4. how solvent rinses will be tested; and
5. how cleaning residues will be disposed.
(B) equipment shall be cleaned as follows:
1. remove all visible residues from process equipment;
2. rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.
(C) analytical requirements.
1. rinses shall be tested in accordance with SW-846, Method 8290.
2. "not detected" means at or below the lower method calibration limit (MCL) in Method 8290, Table 1.
(D) The generator shall manage all residues from the cleaning process as F032 waste.
(3) replacement requirements.
(A) prepare and sign a written equipment replacement plan that describes:
1. the equipment to be replaced;
2. how the equipment will be replaced; and
3. how the equipment will be disposed.
(B) the generator shall manage the discarded equipment as F032 waste.
(4) documentation requirements.
(A) document that previous equipment cleaning and/or replacement was performed in accordance with this section and occurred after cessation of use of chlorophenolic preservatives.
(c) The generator shall maintain the following records documenting the cleaning and replacement as part of the facility's operating record:
(1) the name and address of the facility;
(2) formulations previously used and the date on which their use ceased in each process at the plant;
(3) formulations currently used in each process at the plant;
(4) the equipment cleaning or replacement plan;
(5) the name and address of any persons who conducted the cleaning and replacement;
(6) the dates on which cleaning and replacement were accomplished;
(7) the dates of sampling and testing;
(8) a description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples;
(9) a description of the tests performed, the date the tests were performed, and the results of the tests;
(10) the name and model numbers of the instrument(s) used in performing the tests;
(11) QA/QC documentation; and
(12) the following statement signed and dated by the generator or his authorized representative:
I certify under penalty of perjury under the laws of the state of California that all process equipment required to be cleaned or replaced under Title 22, CCR, section 66261.35 was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment.
 
  Note:   Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 261.35. 
  
 



s 66261.50. Mercury-Containing Products That Are Hazardous Wastes When Discarded.
The following mercury-containing products are listed hazardous wastes when discarded:
California
Hazardous
Waste
Number      Hazardous Waste
M001        Mercury-containing motor vehicle light switches, as defined in
              section 66273.9, and any motor vehicle or portion of a motor
              vehicle that contains such switches, when any person decides to
              crush, bale, shred, or shear the vehicle. Motor vehicles and
              portions of motor vehicles from which all mercury-containing
              light switches have been removed are not included in this
              category. A light switch that cannot be removed from a vehicle
              due to accidental damage to the vehicle is not included. This
              listing becomes effective on January 1, 2005.
M002        Non-automotive mercury switches and any product that contains such
              switches. Includes any mercury switch that does not meet the
              listing description for M001, including but not limited to,
              mercury switches from household appliances and household
              appliances from which mercury switches have not been removed;
              relays; silent wall switches; and float switches. Also includes
              mercury-containing flame sensors and household appliances from
              which all mercury flame sensors have not been removed. Appliances
              and other products from which all mercury switches and flame
              sensors have been removed are not included in this category. This
              listing becomes effective on February 9, 2006.
M003        Lamps that contain intentionally-added mercury and products with
              lamps that contain intentionally-added mercury. A lamp is defined
              as the bulb or tube portion of an electric lighting device. A
              lamp is specifically designed to produce radiant energy, most
              often in the ultraviolet, visible, and infrared regions of the
              electromagnetic spectrum. Products from which all
              mercury-containing lamps have been removed are not included in
              this category. This listing does not apply to liquid crystal
              displays (LCDs) with mercury back lighting, products that contain
              such LCDs, or vehicles that contain mercury-added lamps. This
              listing becomes effective on February 9, 2004.
M004        Mercury-added novelties, as defined in section 66273.9 (other than
              novelties with mercury switches, which meet the listing
              description for M002, and novelties with mercury-containing
              lamps, which meet the listing description for M003). Includes,
              but is not limited to, novelties painted with mercury-containing
              paints. This listing becomes effective on January 1, 2004.
 
 
  Note: Authority cited: Sections 25140 and 58012, Health and Safety Code. Reference: Sections 25140 and 25212, Health and Safety Code. 
  
 



s 66261.100. RCRA Hazardous Waste.
 (a) A hazardous waste is a RCRA hazardous waste if it meets any of the following criteria:
(1) it exhibits any of the characteristics of ignitability, corrosivity, reactivity, or toxicity identified in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23, and 66261.24(a)(1);
(2) it is listed as a hazardous waste in article 4 of this chapter and has not been excluded by the USEPA Administrator from 40 CFR Part 261, Subpart D pursuant to 40 CFR sections 260.20 and 260.22. Wastes excluded by the USEPA Administrator pursuant to 40 CFR sections 260.20 and 260.22 are listed in 40 CFR Part 261, Appendix IX;
(3) it is identified as a hazardous waste pursuant to section 66261.3(a)(2)(B), section 66261.3(a)(2)(D), section 66261.3(a)(2)(E), or section 66261.3(c)(2).
(b) A hazardous waste is presumed to be a RCRA hazardous waste unless or until the generator determines that the waste is non-RCRA hazardous waste pursuant to section 66261.101.
 
  Note:    Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Sections 25117, 25120.2, 25141 and 25159, Health and Safety Code. 
  
 



s 66261.101. Non-RCRA Hazardous Waste.
 (a) A hazardous waste is a non-RCRA hazardous waste if it meets all of the following criteria:
(1) it does not exhibit any of the characteristics of ignitability, corrosivity, reactivity or toxicity as identified in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23 and 66261.24(a)(1);
(2) it exhibits any of the characteristics of corrosivity and toxicity identified in sections 66261.22(a)(3), 66261.22(a)(4) and 66261.24 (a)(2) through (a)(8) or otherwise meets the definition of a hazardous waste in section 66261.3(a)(2)(C) or 66261.3(a)(2)(F);
(3) it is not listed as a hazardous waste in article 4 of this chapter or is listed and has been excluded by the USEPA Administrator pursuant to 40 CFR sections 260.20 and 260.22;
(4) it is listed in article 4.1 and is not identified as a RCRA hazardous waste in section 66261.100.
(b) A hazardous waste is a non-RCRA hazardous waste if it exhibits any characteristic set forth in article 3 of this chapter and meets any of the following criteria:
(1) it is identified as a potential non-RCRA hazardous waste in section 66261.2(d)(1)(B) or section 66261.2(d)(2)(B), or is identified as a potential non-RCRA hazardous waste in Table 1 of section 66261.2;
(2) it is excluded from classification as a solid waste or a hazardous waste in 40 CFR section 261.4.
(c) A container, or an inner liner from a container, which is empty pursuant to 40 CFR section 261.7, but is required to be managed as a hazardous waste pursuant to section 66261.7 is a non-RCRA hazardous waste.
(d) A waste which is not classified as a non-RCRA hazardous waste pursuant to the criteria in subsections (a) through (c) of this section may be classified as a non-RCRA hazardous waste if the generator can otherwise determine that the waste would not be regulated as a hazardous waste pursuant to subtitle C of RCRA or implementing regulations.
(e) The Department or the USEPA may request the following items from a person claiming that the hazardous waste generated or managed by that person is a non-RCRA hazardous waste:
(1) documentation demonstrating that the waste meets the applicable criteria in subsection (a), (b), (c) or (d) of this section;
(2) analytical information, from a laboratory certified by the Department pursuant to chapter 44 of this division, demonstrating that the extracts from representative samples of the waste, developed using the Toxicity Characteristic Leaching Procedure in Appendix I of chapter 18 of this division, contain none of the substances in section 66261.24(a)(1)(B) at a concentration which equals or exceeds the value for that substance in that section;
(3) representative samples of that waste.
 
  Note: Authority cited: Sections 25141, 25159 and 58012, Health and Safety Code. Reference: Sections 25117, 25117.9, 25141 and 25159, Health and Safety Code. 
  
 



s 66261.107. Applicability of Extremely Hazardous Waste Criteria.
Any waste which is extremely hazardous pursuant to any of the criteria of section 66261.110 or 66261.113 is an extremely hazardous waste and shall be managed in accordance with the specific provisions of this division pertaining to extremely hazardous waste.
 
  Note:    Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Sections 25115, 25117 and 25141, Health and Safety Code. 
  
 



s 66261.110. Extremely Hazardous Waste Criteria.
 (a) A waste, or a material, is extremely hazardous if it:
(1) has an acute oral LD sub50   less than or equal to 50 milligrams per kilogram; or
(2) has an acute dermal LD sub50   less than or equal to 43 milligrams per kilogram; or
(3) has an acute inhalation LC sub50   less than or equal to 100 parts per million as a gas or vapor; or
(4) contains any of the substances listed in section 66261.24(a)(7) at a single or combined concentration equal to or exceeding 0.1 percent by weight; or
(5) has been shown through experience or testing that human exposure to the waste or material may likely result in death, disabling personal injury or serious illness because of the carcinogenicity, high acute or chronic toxicity, bioaccumulative properties, or persistence in the environment of the waste or material; or
(6) is water-reactive.
(b) A waste containing one or more materials which are extremely hazardous according to any criterion of subsection (a)(1) or (a)(2) of this section is not extremely hazardous if the generator determines that neither the calculated acute oral toxicity nor the calculated acute dermal toxicity of the waste using the equation in section 66261.24(c) is numerically equal to or less than the toxicity limits prescribed in subsection (a)(1) or (a)(2) of this section and the waste is not extremely hazardous by any other criterion of this section.
 
  Note:    Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Sections 25115, 25117 and 25141, Health and Safety Code. 
  
 



s 66261.111. Hazardous Waste of Concern Criteria.
 (a) A hazardous waste of concern is a hazardous waste that originated from a material with a label placed by the manufacturer with one of the following hazard class divisions, or a hazardous waste that is identified on the Uniform Hazardous Waste Manifest with one of the following hazard divisions within the U.S. DOT description, or otherwise known as:
(1) An explosive material, hazard division 1.1, 1.2, or 1.3, as defined under  49 Code of Federal Regulations section 173.50 (as revised October 1, 2002); or
(2) A poisonous material, hazard division 6.1, packing group I or II, as defined under 49 Code of Federal Regulations section 173.132 (as revised October 1, 2002); or
(3) A poisonous gas, hazard division 2.3, as defined under 49 Code of Federal Regulations section 173.115 (as revised October 1, 2002).
(b) "Missing hazardous waste of concern" is a hazardous waste of concern that has been lost, stolen, is unaccounted for, or a difference in type has been identified when it is received at the designated facility. It does not include the unintentional release of a hazardous waste of concern within the meaning of 49 Code of Federal Regulations section 171.16 (as revised October 1, 2002).
(c) Specified reporting requirements for missing hazardous wastes of concern apply in instances where the missing waste represents a reportable quantity or a reportable difference in type.
(1) Reportable quantities of missing hazardous waste of concern are:
(A) for bulk waste, variations greater than 3 percent in weight or volume; and
(B) for containerized waste, any variation in piece count, such as a discrepancy of one drum in a truckload.
(2) Reportable differences in type of a hazardous waste of concern are obvious differences that can be discovered by observation of the physical properties of the waste through inspection or waste analysis (e.g., mineral spirits substituted for waste carbon tetrachloride, or waste that contains hazardous constituents not reported on the manifest that would change the shipping name or waste code).
 
  Note: Authority cited: Sections 25150, 25169.6, 25169.8 and 58012, Health and Safety Code. Reference: Sections 25169.5, 25169.6, 25169.7 and 25169.8, Health and Safety Code. 
  
 



s 66261.113. Total Threshold Limit Concentration Values of Persistent and Bioaccumulative Toxic Substances in Extremely Hazardous Wastes.
 (a) Any waste containing a substance listed in subsection (b) of this section at a concentration equal to or exceeding its listed total threshold limit concentration is an extremely hazardous waste.
(b) List of Persistent and Bioaccumulative Toxic Substances and Their Total Threshold Limit Concentration (TTLC) Values:

-----------------------------------------------------------------
                                             TTLC (Wet-Weight
Substance                                    in mg/kg)
-----------------------------------------------------------------
Aldrin                                       140
Arsenic and/or arsenic compounds             50,000 (as As)
Beryllium and/or beryllium compounds [FNa1]  7,500 (as Be)
Cadmium and/or cadmium compounds [FNa1]      10,000 (as Cd)
Chlordane                                    250
2,4-Dichlorophenoxyacetic acid               10,000
Dieldrin                                     800
Dioxin (2,3,7,8-TCDD)                        1
Endrin                                       20
Heptachlor                                   470
Kepone                                       2,100
 Lead compounds, organic                     1,300 (dry
                                             weight basis; as Pb)
 Lindane                                     400
Mercury and/or mercury compounds             2,000 (as Hg)
Mirex                                        2,100
Polychlorinated biphenyls (PCBs)             5,000
Selenium and/or selenium compounds [FNa1]    10,000 (as Se)
Thallium and/or thallium compounds [FNa1]    70,000 (as Tl)
Toxaphene                                    500
2,4,5-Trichlorophenoxypropionic acid         1,000
-----------------------------------------------------------------
 
[FNa1] In the case of elemental metals, the specified concentration limits apply only if the metals are in a friable, powdered or finely divided state.
 
  Note:    Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Sections 25115, 25117 and 25141, Health and Safety Code. 
  
 



s 66261.120. List of Special Wastes.
 (a) The following is a noninclusive list of wastes which may be classified as special wastes pursuant to section 66261.122:
(1) ash from burning of fossil fuels, biomass and other combustible materials;
(2) auto shredder waste;
(3) baghouse and scrubber wastes from air pollution control;
(4) catalyst from petroleum refining and chemical plant processes;
(5) cement kiln dust;
(6) dewatered sludge from treatment of industrial process water;
(7) dewatered tannery sludge;
(8) drilling mud from drilling of gas and oil wells;
(9) refractory from industrial furnaces, kilns and ovens;
(10) sand from sandblasting;
(11) sand from foundry casting;
(12) slag from coal gasification;
(13) sulfur dioxide scrubber waste from flue gas emission control in combustion of fossil fuels;
(14) tailings from the extraction, beneficiation and processing of ores and minerals;
 
  Note:    Authority cited: Sections 208 and 25140, Health and Safety Code. Reference: Sections 25117 and 25140, Health and Safety Code. 
  
 



s 66261.122. Criteria and Requirements of a Special Waste.
 (a) A hazardous waste which meets all of the following criteria and requirements shall be classified as a special waste upon application pursuant to section 66261.124:
(1) it is a solid, a water-based sludge or a water-based slurry of which the solid constituents are substantially insoluble in water;
(2) it is a hazardous waste only because:
(A) it contains a persistent or bioaccumulative substance listed in section 66261.24(a)(2)(A) at a solubilized and extractable concentration exceeding its Soluble Threshold Limit Concentration (STLC), or at a total concentration exceeding its Total Threshold Limit Concentration (TTLC), as said STLC and TTLC values are set forth in section 66261.24(a)(2)(A) and determined as prescribed in Appendix II of this chapter; except that:
1. it shall contain no persistent or bioaccumulative substance listed in section 66261.24(a)(2)(A) at a solubilized and extractable concentration in milligrams per kilogram of waste exceeding the TTLC value for the substance as set forth in section 66261.24(a)(2)(A) and determined as prescribed in Appendix II of this chapter; and
2. it shall contain no persistent or bioaccumulative inorganic substance listed in section 66261.113(b) at a concentration equal to or exceeding the TTLC value of the substance as set forth in section 66261.113(b).
(b) Special wastes do not include wastes which meet any of the following criteria:
(1) wastes which are hazardous wastes pursuant to or because of:
(A) any characteristic of a hazardous waste or other provision set forth in sections 66261.21, section 66261.22, section 66261.23 or section 66261.24(a)(3) through (a)(7); or
(B) any criterion of an extremely hazardous waste or other provision set forth in section 66261.110 or section 66261.113; or
(C) any constituent, except for a substance or material listed in section 66261.24(a)(2)(A), which experience or testing has shown to pose a threat to human health or the environment because of its carcinogenicity, chronic toxicity, bioaccumulative properties or persistence in the environment; or
(D) the characteristic of toxicity, as this characteristic is set forth in section 66261.24(a)(1); or
(E) the lists in article 4 of this chapter, unless a waste is excluded by the USEPA Administrator from 40 CFR Part 261, Subpart D pursuant to 40 CFR sections 260.20 and 260.22. Wastes excluded by the USEPA Administrator pursuant to 40 CFR sections 260.20 and 260.22 are listed in 40 CFR 261 Part 261, Appendix IX;
(2) wastes which contain any of the following:
(A) more than 1.0 percent by weight of any organic substance or mixture of organic substance which is toxic pursuant to section 66261.24(a)(3), section 66261.24(a)(4), or section 66261.24(a)(5); or
(B) more than 0.1 percent by weight of any organic substance or mixture of organic substance which is extremely hazardous pursuant to Appendix X of this chapter or section 66261.110(a)(1), section 66261.110(a)(2), section 66261.110(a)(3), or section 66261.110(a)(4); or
(C) any organic substance listed in section 66261.24(a)(2)(B) at a total concentration exceeding the STLC value given for that substance; or
(D) any inorganic or organic material which is extraneous to the waste as it is normally produced by the producer of the waste, excepting material which are incidental to, or necessary for, the handling of the waste;
(3) hazardous wastes for which there are land disposal restrictions set forth in section 66268.32 and are defined in Health and Safety Code section 25122.7.
 
  Note:    Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Sections 25117 and 25141, Health and Safety Code. 
  
 



s 66261.124. Classification of a Waste as a Special Waste.
 (a) A person who wishes to classify and manage a hazardous waste as a special waste shall obtain prior written approval from the Department for such classification and management. A person seeking approval to classify and manage a hazardous waste as a special waste shall submit an application to the Department which includes all the following information:
(1) the name and address of the applicant and, if different, a billing address for receipt of the fee assessment required by Health and Safety Code section 25205.8;
(2) the address where the waste is generated and located;
(3) a description of the waste which shall include its source, physical state, quantity and rate of generation;
(4) chemical analysis data showing that the waste meets the requisites of a special waste pursuant to section 66261.122(a)(2);
(5) chemical analysis data, chemical and physical test data, and bioassay data, or factual information on the origin of the waste, which establish that it meets the criteria and requirements of special wastes in section 66261.122(a)(1) and section 66261.122(b). Data shall include analyses from a minimum of four representative samples as specified in chapter nine of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd Edition, U.S. Environmental Protection Agency, 1986 (incorporated by reference, see section 66260.11 of this chapter).
(b) The Department, within 30 days of receipt of an application for approval to classify and manage a waste as special waste pursuant to subsection (a) of this section, shall acknowledge in writing receipt of the application. Pending written approval from the Department, the applicant shall manage the waste in accordance with all provisions of this division.
(c) The Department, within 60 days of receipt of an application for approval to classify and manage a waste as special waste pursuant to subsection (a) of this section, shall notify the applicant in writing that classification of the waste as special waste is approved or disapproved or that the application is incomplete or inadequate and what additional information is needed.
(d) If the application is incomplete or inadequate, the Department, within 60 days of receipt of adequate additional information, shall notify the applicant in writing that classification of the waste as special waste is approved or disapproved.
(e) When the Department has notified the applicant in writing that the application is incomplete or inadequate and what additional information is needed, the application will be considered disapproved if the applicant fails to provide the additional information within 90 days from the date the information was requested.
(f) If the applicant cannot submit the additional information within the time frame specified in subsection (e) of this section, the applicant shall notify the Department in writing the reason for the delay and shall specify an additional time frame, up to 90 days, within which the information shall be submitted.
(g) The application will be considered disapproved if the applicant fails to provide the additional information by the end of the additional time frame specified in subsection (f) of this section.
(h) If the Department disapproves the application, the Department shall specify in writing the reason(s) for the disapproval.
(i) Notwithstanding the time frames specified above, the Department shall not notify the applicant of the approval or disapproval of an application until after the applicant submits payment of the fee assessed by the Board of Equalization pursuant to Health and Safety Code section 25205.8.
(j) Upon receipt of written approval from the Department, the applicant may classify and manage the waste as special waste pursuant to section 66261.126.
(k) For wastes which are continuously or repetitively generated at the same facility, from the same process, utilizing the same kinds of materials (with respect to origin, composition and properties), the requirements of this section can be met by the submission of the required information either for each separately generated quantity of the waste or for a representative sample of the continuously or repetitively generated waste.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code and Section 15367, Government Code. Reference: Sections 25205.8 and 25150, Health and Safety Code and Section 15367, Government Code. 
  
 



s 66261.126. Management of Special Wastes.
 (a) A special waste may be disposed of at a landfill disposal facility which is not operated under a hazardous waste facility permit or an interim status document provided:
(1) the facility is operated under waste discharge requirements allowing disposal of the special waste which were issued by the Regional Water Quality Control Board with jurisdiction over the facility; and
(2) the owner or operator of the facility has been granted a variance pursuant to section 66260.210 of this division which allows the special waste to be disposed of at the facility.
(b) Except as provided in subsection (c) of this section, the owner and operator of a landfill disposal facility which is not operated under a hazardous waste facility permit and where a special waste is disposed of are subject to all requirements of this division which are not specifically waived by a variance granted pursuant to section 66260.210 of this division, including, but not limited to, enforcement, inspection, manifest, special measures, incompatible waste, reporting, and payment of land disposal fee requirements.
(c) The owner and operator of a landfill disposal facility authorized to dispose of a special waste pursuant to subsection (a) of this section shall be exempt from requirements implementing Health and Safety Code sections 25245 and 25246 relative to closure and postclosure plans and financial assurances so long as the facility does not handle, treat, store or dispose of any hazardous waste not specifically authorized by a variance issued by the Department or by Health and Safety Code section 25143.7.
(d) The generator of a special waste shall be subject to all generator requirements of this division.
(e) The transporter of a special waste shall be subject to all transporter requirements of this division.
(f) The owner or operator of a facility for the recycling, storage or treatment of a special waste shall have a hazardous waste facility permit for the recycling, treatment or storage of the waste at the facility.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25117, 25143 and 25150, Health and Safety Code. 
  
 



Appendix I.
Representative Sampling Methods
 
The methods and equipment used for sampling waste materials will vary with the form and consistency of the waste materials to be sampled. In addition to the sampling methods described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition, 1986 (incorporated by reference, see Section 66260.11), samples collected using the sampling protocols listed below, for sampling waste with properties similar to the indicated materials, will be considered by the Department to be representative of the waste:
Standard Practice for Sampling Bituminous Materials, (e.g., extremely viscous liquid), ASTM Standard D140-88;
Standard Method of Collection and Preparation of Coke Samples for Laboratory Analysis, (e.g., crushed or powdered material), ASTM Standard D346-78;
Standard Guide for Investigating and Sampling Soil and Rock, (e.g., soil or rock-like material), ASTM Standard D420-87;
Standard Practice for Soil Investigation and Sampling by Auger Boring s, (e.g., soil-like material), ASTM Standard D1452-80;
Standard Methods for Collection of a Gross Sample of Coal, (e.g., fly Ash-like material), ASTM Standard D2234-82.
[ASTM Standards are available from ASTM, 1916 Race St., Philadelphia, PA 19103] (incorporated by reference, see Section 66260.11).
 
  Note: Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Section 25141, Health and Safety Code and 40 CFR Part 261 Appendix I. 
  

 



Appendix II.
Waste Extraction Test (WET) Procedures
 
(a) The Waste Extraction Test (WET) described in this appendix shall be used to determine the amount of extractable substance in a waste or other material as set forth in section 66261.24(a)(2).
(b) Except as provided in subdivision (d) of this appendix, the WET shall be carried out if the total concentration in the waste, or other material, of any substance listed in section 66261.24(a)(2) equals or exceeds the STLC value, but does not exceed the TTLC value, given for that substance. The total concentrations of substances listed in section 66261.24(a)(2) shall be determined by analysis of samples of wastes, or other materials, which have been prepared, or meet the conditions, for analysis as set forth in subdivisions (c) and (d) of this appendix. Methods used for analysis for total concentrations of substances listed in section 66261.24(a)(2) shall be those given in the following documents or alternate methods that have been approved by the Department pursuant to section 66260.21:
(1) for metal elements and their compounds, the waste shall be digested according to the indicated methods described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 2nd edition, U.S. Environmental Protection Agency, 1982 (incorporated by reference, see section 66260.11):
(A) all listed metal elements and their compounds, except hexavalent chromium: Method 3050;
(B) hexavalent chromium: Method 3060;
(2) for all substances listed in section 66261.24(a)(2), except organic lead compounds, the methods and references in which the methods can be found are listed in Appendix III, Table 4 of this chapter;
(3) the method used for analysis of organic lead compounds is given in Appendix XI of this chapter.
(c) Samples shall be prepared for analysis for total and extractable content of substances listed in section 66261.24(a)(2)(A) and for extractable content of substances listed in section 66261.24(a)(2)(B) as follows:
(1) Type i: if the waste or other material is a millable solid, the sample shall be passed directly, or shall be milled to pass, through a No. 10 (two millimeter) standard sieve before it is analyzed. If the sample contains non-friable solid particles which do not pass directly through a No. 10 sieve and which are extraneous and irrelevant as hazardous constituents to the waste or other material, they shall be removed to the extent feasible by mechanical means and discarded. Solids which remain in the waste or other material after removal of the aforesaid extraneous particles shall be milled to pass through a No. 10 sieve and shall then be combined and mixed well with the solids which passed through the sieve without milling. The reconstituted sample shall then be analyzed as prescribed in this appendix;
(2) Type ii: if the waste or other material is a filterable mixture of liquid and solids in which the solids constitute five-tenths (0.5) percent by weight or greater of the sample, the liquid and solids shall be separated by filtration through a 0.45 micron membrane filter. The filtrate so obtained is to be designated as Initial Filtrate. Its volume is determined, and it is retained. The separated solids shall be sieved in a No. 10 sieve and any nonfriable extraneous particles of the kinds described in subdivision (c)(1) of this appendix which do not pass through the sieve shall be removed to the extent feasible by mechanical means and discarded. The solids which remain after removal of the extraneous particles shall be milled to pass through a No. 10 sieve and shall be recombined with solids which passed through the sieve without milling. This recombined solid material shall be extracted following the procedure in subdivision (g) of this appendix. A ratio of 10 milliliters of extraction solution per gram of solid shall be utilized with appropriate modifications for extraction vessel size. After completion of solids extraction, the filtered extractant is combined with Initial Filtrate, mixed thoroughly and analyzed as described in subdivision (g)(3) of this appendix;
(3) Type iii: if the waste or other material is a nonfilterable and nonmillable sludge, slurry, or oily, tarry or resinous material, it shall be analyzed as received unless it contains non-friable extraneous and irrelevant solid particles of the kinds described in subdivision (c)(l) of this appendix. If it contains such solid particles and they are of such size as not to pass through a No. 10 sieve, they shall be removed to the extent feasible by mechanical means and discarded. The remainder of the sample shall be analyzed as prescribed in this appendix;
(4) if it is necessary to dry a solid sample or the solids fraction of a sample before sieving, milling or removal of extraneous solids, or if a sample is dried prior to analysis, all weight losses due to drying shall be determined, and these losses and the conditions of drying shall be reported.
(d) Samples shall be prepared for analysis for total content of substances listed in section 66261.24(a)(2)(B) as follows:
(1) type i: if the waste or other material is a millable solid, the sample shall be passed directly, or shall be milled to pass, through a one-millimeter standard sieve before it is analyzed. If the sample contains non-friable solid particles which do not pass directly through a one-millimeter sieve and which are extraneous and irrelevant as hazardous constituents to the waste or other material, they shall be removed to the extent feasible by mechanical means and discarded. Solids which remain in the waste or other material after removal of the aforesaid extraneous particles shall be milled to pass through a one-millimeter sieve and shall then be combined and mixed well with the solids which passed through the sieve without milling. The reconstituted sample shall then be analyzed as prescribed in this appendix;
(2) type ii: if the waste or other material is a filterable mixture of liquid and solids in which the solids constitute five-tenths (0.5) percent by weight or greater of the sample, the liquid and solids shall be separated by filtration through a 0.45 micron membrane filter. The filtrate so obtained is to be designated as Initial Filtrate. Its volume is determined, and it is retained. The separated solids shall be sieved in a one-millimeter sieve and any nonfriable extraneous particles of the kinds described in subdivision (d)(1) of this appendix which do not pass through the sieve shall be removed to the extent feasible by mechanical means and discarded. The solids which remain after removal of the extraneous particles shall be milled to pass through a one-millimeter sieve and shall be recombined with solids which passed through the sieve without milling. This recombined solid material shall be extracted following the procedure in subdivision (g) of this appendix. A ratio of 10 milliliters of extraction solution per gram of solid shall be utilized with appropriate modifications for extraction vessel size. After completion of solids extraction, the filtered extractant is combined with Initial Filtrate, mixed thoroughly and analyzed as described in subdivision (9)(3) of this appendix;
(3) type iii: if the waste or other material is a nonfilterable and nonmillable sludge, slurry, or oily, tarry or resinous material, it shall be analyzed as received unless it contains non-friable extraneous and irrelevant solid particles of the kinds described in subdivision (d)(1) of this appendix. If it contains such solid particles and they are of such size as not to pass through a one-millimeter sieve, they shall be removed to the extent feasible by mechanical means and discarded. The remainder of the sample shall be analyzed as prescribed in this appendix;
(4) if it is necessary to dry a solid sample or the solids fraction of a sample before sieving, milling or removal of extraneous solids, or if a sample is dried prior to analysis, all weight losses due to drying shall be determined, and these losses and the conditions of drying shall be reported.
(e) If the waste or other material is a liquid containing less than five-tenths (0.5) percent by weight of undissolved solids, it shall not be subject to the WET procedure, but shall be analyzed directly for the substances listed in section 66261.24(a)(2). The waste shall be classified as a hazardous waste if the total concentration in the waste of any substances listed in section 66261.24(a)(2) exceeds the TTLC value given for that substance. If, however, the total concentration is less than the TTLC but exceeds the STLC when expressed on a milligrams per liter basis, the waste or other material shall be filtered through a 0.45 micron membrane filter, the solids discarded and the filtrate shall be analyzed directly for the substances listed in section 66261.24(a)(2). The waste shall be classified as a hazardous waste if the concentration in the filtrate of any of the substances listed in section 66261.24 (a)(2) exceeds the STLC value given for that substance.
(f) The WET extraction solution shall consist of 0.2 M sodium citrate at pH 5.0 + 0.1, which is prepared by titrating an appropriate amount of analytical grade citric acid in deionized water with 4.0 N NaOH, except that the extraction solution for the determination of chromium (VI) shall consist of deionized water.
(g) The extraction procedure shall be as follows:
(1) fifty grams of sample, or less if it is a type ii sample prepared pursuant to subdivision (c)(2) or (d)(2) of this appendix, obtained pursuant to subdivision (c), (d), or (e) of this appendix shall be placed in a clean polyethylene or glass container designated the Treatment, capable of physically withstanding the extraction procedure and which was rinsed previously with, in succession, an aqueous 1:1 ratio by volume nitric acid solution and deionized water. If the extract will be analyzed for any of the organic substances listed in section 66261.24(a)(2), a glass container shall be used. Furthermore, a container of the same size, shape and material shall be used for an extraction designated as the Blank, which shall be carried through the same procedure as the Treatment, but without addition of the sample;
(2) five hundred milliliters of extraction solution, or less if the waste sample is a type ii sample prepared pursuant to subdivision (c)(2) or (d)(2) of this appendix, shall be added to the Treatment and Blank containers, which shall be then fitted with covered air scrubbers extended well into the extraction solutions and flushed vigorously with nitrogen gas for 15 minutes so as to remove and exclude atmospheric oxygen from the extraction medium. If the sample is to be analyzed for any volatile substance, such as trichloroethylene, the sample shall be added after deaeration with nitrogen to avoid volatilization loss. After deaeration the containers shall be quickly sealed with tightly fitting caps and agitated, using a table shaker, an overhead stirrer or a rotary extractor, operated at a speed which shall maintain the sample in a state of vigorously agitated suspension. Required equipment is described in test method 1310 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition, U.S. Environmental Protection Agency, 1986 (incorporated by reference, see section 66260.11). The temperature during the extraction shall be maintained between 20 and 40 degrees centigrade. After 48 hours of extracting, the contents of the Treatment and Blank containers shall be either filtered directly or centrifuged and then filtered. Filtering shall be through a medium porosity prefilter and then through a 0.45 micron membrane filter, using a clean, thick-walled suction flask. For coarser solids, prefiltration shall not be necessary. Pressure filtration shall be an optional alternative to vacuum filtration. If the extracts are first centrifuged, glass or polyethylene bottles shall be used as prescribed for extraction. For very fine solids, centrifuging at as high as 10,000 X G may be necessary. After centrifugation, the liquids shall be decanted, prefiltered if necessary, and then passed through a 0.45 micron membrane filter. All filters shall be of low and identified extractable heavy metals, fluoride and organic chemicals content;
(3) if the filtered extracts are to be analyzed only for the metal elements listed in section 66261.24(a)(2)(A), the filtered extracts from the Treatment and Blank shall be transferred to clean polyethylene bottles and acidified with nitric acid to five percent by volume acid content soon after each extract is filtered. For those wastes or waste materials classified under subdivision (c)(2) or (d)(2) of this appendix, the Treatment shall be the Initial Filtrate combined with the extract generated by the WET extraction of the initially separated solids. Similarly the Blank in this instance shall be the filtrate generated by the WET Blank accompanying the initially separated solids, to which is subsequently added a volume of deionized water equivalent to that of the Initial Filtrate. These procedures shall be followed prior to acidification of Treatment and Blank solutions with nitric acid to five percent (by volume) acid content. The bottle shall then be stored at room temperature or frozen. If the extracts are also to be analyzed for the organic substances listed in section 66261.24(a)(2)(B), or for the organic substances only, the filtered extracts shall be transferred to clean glass bottles. If the extracts are to be analyzed for fluoride, they shall be transferred to clean polyethylene bottles. These extracts, containing organic substances or flouride, shall not be acidified, but shall be frozen soon after each extract is obtained and held frozen until the day of analysis, unless the extracts are analyzed within 24 hours.
(h) Sample analysis and data treatment shall be as follows:
(1) each of the filtered extracts from the Treatment and Blank extractions shall have been acidified to five percent by volume nitric acid, and stored at room temperature or frozen in polyethylene bottles or kept frozen without addition of acid in glass bottles until the day of analysis, as prescribed. Each of the extracts shall be thoroughly mixed just prior to being individually analyzed for the substances listed in section 66261.24(a)(2) in order to determine whether the extractable concentration (EC) in the waste or other material exceeds the STLC for any of the substances listed. The extracts shall be analyzed according to the procedures identified in subdivisions (b)(2) and (b)(3) of this appendix;
(2) the net EC of a substance in the Treatment sample which is listed in section 66261.24(a)(2) shall be calculated and reported as milligrams per liter of sample (mg/l). This value is derived after subtracting the concentration of the substance in the appropriate Blank extract from that concentration determined in the Treatment extract.
 
  Note: Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



Appendix III
Chemical Analysis Test Methods Note:Appropriate analytical procedures to
determine whether a sample contains a given toxic constituent are specified in
Chapter Two, "Choosing the Correct Procedure" found in "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846,
Third Edition and Updates (incorporated by reference in section 66260.11 of
this chapter). Prior to final sampling and analysis method selection, the
individual should consult the specific section or method described in SW-846
for additional guidance on which of the approved methods should be employed for
a specific sample analysis situation. Note: Authority cited: Sections
25141, 25159 and 58012, Health and Safety Code. Reference: Sections
25141, 25150 and 25159, Health and Safety Code and 40 CFR Part 261
Appendix III.
 
 



Appendix VII
Basis for Listing Hazardous Waste
 
_______________________________________________________________________________
EPA
Hazardous
Waste No.                      Hazardous constituents for which listed
_______________________________________________________________________________
F001                           Tetrachloroethylene, methylene chloride,
                               trichloroethylene, 1,1,1-trichloroethane, carbon
                               tetrachloride, chlorinated fluorocarbons.
F002                           Tetrachloroethylene, methylene chloride,
                               trichloroethylene, 1,1,1-trichloroethane, 1,1,2-
                               trichloroethane, chlorobenzene,
                                 1,1,2-trichloro-1,2,2-
                               trifluoroethane, ortho-dichlorobenzene,
                                 trichloro-
                               fluoromethane.
F003                           N.A.
F004                           Cresols and cresylic acid, nitrobenzene.
F005                           Toluene, methyl ethyl ketone, carbon disulfide,
                               isobutanol, pyridine, 2-ethoxyethanol, benzene,
                               2-nitropropane.
F006                           Cadmium, hexavalent chromium, nickel, cyanide
(complexed).
F007                           Cyanide (salts).
F008                           Cyanide (salts).
F009                           Cyanide (salts).
F010                           Cyanide (salts).
F011                           Cyanide (salts).
F012                           Cyanide (complexed).
F019                           Hexavalent chromium, cyanide (complexed).
F020                           Tetra- and pentachlorodibenzo-p-dioxins; tetra
                                 and
                               pentachlorodi-benzofurans; tri- and
                                 tetrachlorophenols
                               and their chlorophenoxy derivative acids,
                                 esters, ethers,
                               amine and other salts.
F021                           Penta- and hexachlorodibenzo-p-dioxins; penta-
                                 and
                               hexachlorodibenzofurans; pentachlorophenol and
                                 its
                               derivatives.
F022                           Tetra-, penta-, and hexachlorodibenzo-p-dioxins;
                                 tetra-,
                               penta-, and hexachlorodibenzofurans.
F023                           Tetra-, and pentachlorodibenzo-p-dioxins; tetra-
                                 and
                               pentachlorodibenzofurans; tri- and
                                 tetrachlorophenols
                               and their chlorophenoxy derivative acids,
                                 esters, ethers,
                               amine and other salts.
F024                           Chloromethane, dichloromethane,
                                 trichloromethane,
                               carbon tetrachloride, chloroethylene,
                                 1,1-dichloroethane,
                               1,2-dichloroethane, trans-1-,2-dichloroethylene,
  1,1-dichloroethylene,1,1,1-trichloroethane,
                                 1,1,2-
                               trichloroethane, trichloroethylene, 1,1,1,2-
                               tetrachloroethane, 1,1,2,2-tetrachloroethane,
                                 tetrachlo-
                               roethylene, pentachloroethane, hexachloroethane,
                                 allyl
                               chloride (3-chloropropene), dichloropropane,
                               dichloropropene, 2-chloro-1,3-butadiene,
                               hexachloro-1,3-butadiene,
                                 hexachlorocyclopentadiene,
                               hexachlorocycloexane, benzene, chlorobenzene,
                               dichlorobenzenes, 1,2,4-trichlorobenzene,
                               tetrachlorobenzene, pentachlorobenzene,
                               hexachlorobenzene, toluene, naphthalene.
F025                           Chloromethane, dichloromethane,
                                 trichloromethane,
                               carbon tetrachloride,
  chlorethylene,1,1-dichloroethane,
                               1,2-dichloroethane, trans-1,2-dichlorethylene,
                               1,1-dichloroethylene, 1,1,1-trichlorethane,
                                 1,1,2-
                               trichlorethane, trichlorethylene,
                                 1,1,1,2-tetrachloroethane,
                               1,1,2,2-techrachloroethane, tetrachloroethylene,
                               pentachloroethane, hexachloroethane, allyl
                                 chloride
                               (3-chloropropene), dichloropropane,
                                 dichloropropene,
                               2-chloro-1,3-butadiene, hexachloro-
                                 1,3-butadiene,
                               hexachlorocyclopentadiene, benzene,
                                 chlorobenzene,
                               dichlorobenzene, 1,2,4-trichlorobenzene,
                               tetrachlorobenzene, pentachlorobenzene,
                               hexachlorobenzene, toluene, naphthalene.
F026                           Tetra-, penta-, and hexachlorodibenzo-p-dioxins;
                                 tetra,
                               penta-, and hexachlorodibenzofurans.
F027                           Tetra-, penta-, and hexachlorodibenzo-p-dioxins;
                                 tetra-,
                               penta-, and hexachlorodibenzofurans; tri-,
                                 tetra-, and
                               pentachlorophenols and their chlorophenoxy
                                 derivative
                               acids, esters, ethers, amine and other salts.
F028                           Tetra-, penta-, and hexachlorodibenzo-p-dioxins;
                                 tetra-,
                               penta-, and hexachlorodibenzofurans; tri-,
                                 tetra-, and
                               pentachlorophenols and their chlorophenoxy
                                 derivative
                               acids, esters, ethers, amine and other salts.
F032                           Benz(a)anthracene, benzo(a)pyrene,
                                 dibenz(a,h)anth-
                               racene, indeno(1,2,3-cd)pyrene,
                                 pentachlorophenol,
                               arsenic, chromium, tetra-, penta-, hexa-,
                                 heptachlo-
                               rodibenzo-p-dioxins, tetra-, penta-, hexa-,
                                 heptachloro-
                               dibenzofurans.
F034                           Benz(a)anthracene, benzo(k)fluoranthene,
                                 benzo(a)py-
                               rene, dibenz(a,h)anthracene,
                                 indeno(1,2,3-cd)pyrene,
                               napthalene, arsenic, chromium.
F035                           Arsenic, chromium, lead.
F037                           Benzene, benzo(a)pyrene, chrysene, lead,
                                 chromium.
F038                           Benzene, benzo(a)pyrene, chrysene, lead,
                                 chromium.
F039                           All constituents which treatments standards are
                                 specified
                               for multi-source leachate (wastewaters and
                                 nonwaste-
                               waters) under Section 66268.43(a), Table CCW.
K001                           Pentachlorophenol, phenol, 2-chlorophenol,
                                 p-chloro-
                               m-cresol, 2,4-dimethylphenyl, 2,4-dinitrophenol,
                               trichlorophenols, tetrachlorophenols,
                                 2,4-dinitrophenol,
                               creosote, chrysene, naphthalene, fluoranthene,
                               benzo(b)fluoranthene, benzo(a) pyrene,
                               indeno(1,2,3-cd)pyrene, benz(a)anthracene,
                                 dibenz(a)
                               anthracene, acenaphthalene.
K002                           Hexavalent chromium, lead.
K003                           Hexavalent chromium, lead.
K004                           Hexavalent chromium.
K005                           Hexavalent chromium, lead.
K006                           Hexavalent chromium.
K007                           Cyanide (complexed), hexavalent chromium.
K008                           Hexavalent chromium.
K009                           Chloroform, formaldehyde, methylene chloride,
                                 methyl
                               chloride, paraldehyde, formic acid.
K010                           Chloroform, formaldehyde, methylene chloride,
                                 methyl
                               chloride, paraldehyde, formic acid,
                                 chloroacetaldehyde.
K011                           Acrylonitrile, acetonitrile, hydrocyanic acid.
K013                           Hydrocyanic acid, acrylonitrile, acetonitrile.
K014                           Acetonitrile, acrylamide.
K015                           Benzyl chloride, chlorobenzene, toluene,
                                 benzotrichloride.
K016                           Hexachlorobenzene, hexachlorobutadiene, carbon
                               tetrachloride, hexachloroethane,
                                 perchloroethylene.
K017                           Epichlorohydrin, chloroethers [bis(chloromethyl)
                                 ether
                               and bis (2-chloroethyl) ethers],
                                 trichloropropane,
                               dichloropropanols.
K018                           1,2-dichloroethane, trichloroethylene,
                                 hexachlorobu-
                               tadiene, hexachlorobenzene.
K019                           Ethylene dichloride, 1,1,1-trichloroethane,
                                 1,1,2-
                               trichloroethane, tetrachloroethanes
                                 (1,1,2,2-tetrachloro-
                               ethane and 1,1,1,2-tetrachloroethane),
                                 trichloroethylene,
                               tetrachloroethylene, carbon tetrachloride,
                                 chloroform,
                               vinyl chloride, vinylidene chloride.
K020                           Ethylene dichloride, 1,1,1-trichloroethane,
                                 1,1,2-
                               trichloroethane, tetrachloroethanes
                                 (1,1,2,2-tetrachloro-
                               ethane and 1,1,1,2-tetrachloroethane),
                                 trichloroethylene,
                               tetrachloroethylene, carbon tetrachloride,
                                 chloroform,
                               vinyl chloride, vinylidene chloride.
K021                           Antimony, carbon tetrachloride, chloroform.
K022                           Phenol, tars (polycyclic aromatic hydrocarbons).
K023                           Phthalic anhydride, maleic anhydride.
K024                           Phthalic anhydride, 1,4-naphthoquinone.
K025                           Meta-dinitrobenzene, 2,4-dinitrotoluene.
K026                           Paraldehyde, pyridines, 2-picoline.
K027                           Toluene diisocyanate, 2,4-toluenediamine.
K028                           1,1,1-trichloroethane, vinyl chloride.
K029                           1,2-dichloroethane, 1,1,1-trichloroethane, vinyl
                                 chloride,
                               vinylidene chloride, chloroform.
K030                           Hexachlorobenzene, hexachlorobutadiene,
                               hexachloroethane, 1,1,1,2-tetrachloroethane,
                                 1,1,2,2-
                               tetrachloroethane, ethylene dichloride.
K031                           Arsenic.
K032                           Hexachlorocyclopentadiene.
K033                           Hexachlorocyclopentadiene.
K034                           Hexachlorocyclopentadiene.
K035                           Creosote, chrysene, naphthalene, fluoranthene,
                                 benzo(b)
                               fluoranthene, benzo(a)pyrene, indeno(1,2,3-cd)
                                 pyrene,
                               benzo(a)anthracene, dibenzo(a)anthracene,
                               acenaphthalene.
K036                           Toluene, phosphorodithioic and phosphorothioic
                                 acid
                               esters.
K037                           Toluene, phosphorodithioic and phosphorothioic
                                 acid
                               esters.
K038                           Phorate, formaldehyde, phosphorodithioic and
                               phosphorothioic acid esters.
K039                           Phosphorodithioic and phosphorothioic acid
                                 esters.
K040                           Phorate, formaldehyde, phosphorodithioic and
                               phosphorothioic acid esters.
K041                           Toxaphene.
K042                           Hexachlorobenzene, ortho-dichlorobenzene.
K043                           2,4-dichlorophenol, 2,6-dichlorophenol, 2,4,6-
                               trichlorophenol.
K044                           N.A.
K045                           N.A.
K046                           Lead.
K047                           N.A.
K048                           Hexavalent chromium, lead.
K049                           Hexavalent chromium, lead.
K050                           Hexavalent chromium.
K051                           Hexavalent chromium, lead.
K052                           Lead.
K060                           Cyanide, napthalene, phenolic compounds,
                                 arsenic.
K061                           Hexavalent chromium, lead, cadmium.
K062                           Hexavalent chromium, lead.
K064                           Lead, cadmium.
K065                           Lead, cadmium.
K066                           Lead, cadmium.
K069                           Hexavalent chromium, lead, cadmium.
K071                           Mercury.
K073                           Chloroform, carbon tetrachloride,
                                 hexachloroethane,
                               trichloroethane, tetrachloroethylene,
                                 dichloroethylene,
                               1,1,2,2-tetrachloroethane.
K083                           Aniline, diphenylamine, nitrobenzene,
                                 phenylenediamine.
K084                           Arsenic.
K085                           Benzene, dichlorobenzenes, trichlorobenzenes,
                               tetrachlorobenzenes, pentachlorobenzene,
                               hexachlorobenzene, benzyl chloride.
K086                           Lead, hexavalent chromium.
K087                           Phenol, naphthalene.
K088                           Cyanide (complexes).
K090                           Chromium.
K091                           Chromium.
K093                           Phthalic anhydride, maleic anhydride.
K094                           Phthalic anhydride.
K095                           1,1,2-trichloroethane,
                                 1,1,1,2-tetrachloroethane,
                               1,1,2,2-tetrachloroethane.
K096                           1,2-dichloroethane, 1,1,1-trichloroethane,
                                 1,1,2-
                               trichloroethane.
K097                           Chlordane, heptachlor.
K098                           Toxaphene.
K099                           2,4-dichlorophenol, 2,4,6-trichlorophenol.
K100                           Hexavalent chromium, lead, cadmium.
K101                           Arsenic.
K102                           Arsenic.
K103                           Aniline, nitrobenzene, phenylenediamine.
K104                           Aniline, benzene, diphenylamine, nitrobenzene,
                               phenylenediamin
K105                           Benzene, monochlorobenzene, dichlorobenzenes,
                                 2,4,6-
                               trichlorophenol.
K106                           Mercury.
K107                           1,1-Dimethylhydrazine (UDMH).
K108                           1,1-Dimethylhydrazine (UDMH).
K109                           1,1-Dimethylhydrazine (UDMH).
K110                           1,1-Dimethylhydrazine (UDMH).
K111                           2,4-Dinitrotoluene.
K112                           2,4-Toluenediamine, o-toluidine, p-toluidine,
                                 aniline.
K113                           2,4-Toluenediamine, o-toluidine, p-toluidine,
                                 aniline.
K114                           2,4-Toluenediamine, o-toluidine, p-toluidine.
K115                           2,4-Toluenediamine.
K116                           Carbon tetrachloride, tetrachloroethylene,
                                 chloroform,
                               phosgene.
K117                           Ethylene dibromide.
K118                           Ethylene dibromide.
K123                           Ethylene thiourea.
K124                           Ethylene thiourea.
K125                           Ethylene thiourea.
K126                           Ethylene thiourea.
K131                           Dimethyl sulfate, methyl bromide.
K132                           Methyl bromide.
K136                           Ethylene dibromide.
K141                           Benzene, benz(a)anthracene, benzo(a)pyrene,
                               benzo(b)fluoranthene, benzo(k)fluoranthene,
                               dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.
K142                           Benzene, benz(a)anthracene, benzo(a)pyrene,
                               benzo(b)fluoranthene, benzo(k)fluoranthene,
                               dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.
K143                           Benzene, benz(a)anthracene,
                                 benzo(b)fluoranthene,
                               benzo(k)fluoranthene.
K144                           Benzene, benz(a)anthracene, benzo(a)pyrene,
                               benzo(b)fluoranthene, benzo(k)fluoranthene,
                               dibenz(a,h)anthracene.
K145                           Benzene, benz(a)anthracene, benzo(a)pyrene,
                               dibenz(a,h)anthracene, naphthalene.
K147                           Benzene, benz(a)anthracene, benzo(a)pyrene,
                               benzo(b)fluoranthene, benzo(k)fluoranthene,
                               dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.
K148                           Benz(a)anthracene, benzo(a)pyrene,
                               benzo(b)fluoranthene, benzo(k)fluoranthene,
                               dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.
K149                           Benzotrichloride, benzyl chloride, chloroform,
                               chloromethane, chlorobenzene,
                                 1,4-dichlorobenzene,
                               hexachlorobenzene, pentachlorobenzene,
                               1,2,4,5-tetrachlorobenzene, toluene.
K150                           Carbon tetrachloride, chloroform, chloromethane,
                               1,4-dichlorobenzene, hexachlorobenzene,
                               pentachlorobenzene, 1,2,4,5-tetrachlorobenzene,
                               1,1,2,2-tetrachloroethane, tetrachloroethylene,
                               1,2,4-trichlorobenzene.
K151                           Bebzene, carbon tetrachloride, chloroform,
                               hexachlorobenzene, pentachlorobenzene, toluene,
1,2,4,5-tetrachlorobenzene,
  tetrachloroethylene.
K156                           Benomyl, carbaryl, carbendazim, carbofuran,
carbosulfan, formaldehyde,
  methylene chloride,
triethylamine.
K157                           Carbon tetrachloride, formaldehyde, methyl
                                 chloride,
methylene chloride, pyridine,
  triethylamine.
K158                           Benomyl, carbendazim, carbofuran, carbosulfan,
chloroform, methylene
  chloride.
K159                           Benzene, butylate, eptc, molinate, pebulate,
                                 vernolate.
K161                           Antimony, arsenic, metam-sodium, ziram.
K174  1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin
                               (1,2,3,4,6,7,8-HpCDD),
  1,2,3,4,6,7,8-Heptachlorodibenzofuran
                                 (1,2,3,4,6,7,8-HpCDF),
  1,2,3,4,7,8,9-Heptachlorodibenzofuran
                                 (1,2,3,4,7,8,9-HpCDF),
HxCDDs                         (All Hexachlorodibenzo-p-dioxins, HxCDFs (All
                               Hexachlorodibenzofurans), PeCDDs (All
                                 Pentachlorodibenzo-p-
dioxins),                      OCDD
  (1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin),
                                 OCDF
  (1,2,3,4,6,7,8,9-Octachlorodibenzofuran), PeCDFs
                                 (All
                               Pentachlorodibenzofurans), TCDDS (All
  tetrachlorodi-benzo-p-dioxins), TCDFs (All
                               tetrachlorodibenzofurans)
K175                           Mercury
 
N.A. -Waste is hazardous because it exhibits the characteristic of ignitability, corrosivity or reactivity.
 
  Note: Authority cited: Sections 25140, 25141, 25150, 25159 and  58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159, Health and Safety Code; and 40 CFR Part 261 Appendix VII. 
  



Appendix VIII
Hazardous Constituents
 
_______________________________________________________________________________
                                     Chemical    Haz.
                                     Abstracts    Waste
Common Name                          Chemical Abstracts Name   No.        No.
_______________________________________________________________________________
A2213                                Ethanimidothioic acid,    30558-43-  U394
      -1
2- (dimethylamino)
-N-hydroxy-2-oxo-,
methyl ester
Acetonitrile                         Same    75-05-8    U003
Acetophenone                         Ethanone, 1-phenyl-    98-86-2    U004
2-Acetylaminefluarone                Acetamide, N-9H-fluoren-  53-96-3    U005
2-yl-
Acetyl chloride                      Same    75-36-5    U006
1-Acety1-2-thiourea                  Acetamide,    591-08-2   P002
                                       N-(aminothioxo
methyl)-
Acrolein                             2-Propenal    107-02-8   P003
Acrylamide                           2-Propenamide    79-06-1    U007
Acrylonitrile                        2-Propenenitrile    107-13-1   U009
Aflatoxins                           Same    1402-68-2
Aldicarb                             Propanal, 2-methyl-2-    116-06-3   P070
(methylthio)-,O-[(methyl-
amino)carbonyl]oxime
Aldicarb sulfone                     Propanal, 2-methyl-2-    1646-88-4  P203
(methylsulfonyl)-,
O-[(methylamino) carbonyl]
oxime
Aldrin  1,4,5,8-Dimethanonaphth-  309-00-2   P004
                                       a-
lene, 1,2,3,4,10,10-hexa
chloro-1,4,4a,5,8,8a-hexa
hydro-,(1alpha,4alpha,
4abeta,5alpha,8alpha,
8abeta)-
Allyl alcohol                        2-Propen-1-ol    107-18-6   P005
Allyl chloride                       1-Propene, 3-chloro    107-05-1
Aluminum phosphide                   Same    20859-73-  P006
      -8
4-Aminobiphenyl                      [1,1'-Biphenyl]-4-amine   92-67-1
5-(Aminomethyl)-3-                   3(2H)-Isoxazolone, 5-    2763-96-4  P007
 isoxazolol                          (aminomethyl)-
4-Aminopyridine                      4-Pyridinamine    504-24-5   P008
Amitrole  1H-1,2,4-Triazol-3-amine  61-82-5    U011
Ammonium vanadate                    Vanadic acid, ammonium    7803-55-6  P119
                                       salt
Aniline                              Benzenamine    62-53-3    U012
Antimony                             Same    7440-36-0
Antimony compounds                   N.O.S.
Aramite                              Sulfurous acid, 2-chloro  140-57-8
ethyl 2-[4-(1,1-dimethyl
ethyl)phenoxy]-1-methyl-
ethyl ester
Arsenic                              Same    7440-38-2
Arsenic compounds,                   N.O.S.
Arsenic acid                         Arsenic acid H    7778-39-4  P010
Arsenic pentoxide                    Arsenic oxide As    1303-28-2  P011
Arsenic trioxide                     Arsenic oxide As    1327-53-3  P012
Auramine                             Benzenamine, 4,4'-    492-80-8   U014
carbonimidoylbis[N,N-
dimethyl
Azaserine                            L-Serine, diazoacetate    115-02-6   U015
(ester)
Barban                               Carbamic acid,    101-27-9   U280
(3-chlorophenyl)-,4-chloro-
2-butynyl ester
Barium                               Same    7440-39-3
Barium compounds                     N.O.S.
Barium cyanide                       Same    542-62-1   P013
Bendiocarb                           1,3-Benzodioxol-4-ol,    22781-23-  U278
      -3
2,2-dimetyl-, methyl
carbamate
Bendiocarb phenol                    1,3-Benzodioxol-4-ol,    22961-82-  U364
      -6
2,2-dimethyl-,
Benomyl                              Carbamic acid, [1-    17804-35-  U271
      -2
[(butylamino) carbonyl]-
1H-benzimidazol-2-yl]-,
methyl ester
Benz[c]acridine                      Same    225-51-4   U016
Benz[a]anthracene                    Same    56-55-3    U018
Benzal chloride                      Benzene,    98-87-3    U017
                                       (dichloromethyl)-
Benzene                              Same    71-43-2    U019
Benzenearsonic acid                  Arsonic acid, phenyl-    98-05-5
Benzidine                            [1,1'-Biphenyl]-4,4'-    92-87-5    U021
diamine
Benzo[b]fluoranthene  Benz[e]acephenanthrylene  205-99-2
Benzo[j]fluoranthene                 sSame    205-82-3
Benzo[a]pyrene                       Same    50-32-8    U022
p-Benzoquinone                       2,5-Cyclohexadiene-1,4-   106-51-4   U197
dione
Benzo(k)fluoranthene                 Same    207-08-09
Benzotrichloride                     Benzene,    98-07-7    U023
                                       (trichloromethyl)-
Benzyl chloride                      Benzene, (chloromethyl)-  100-44-7   P028
Beryllium compounds                  N.O.S.
Beryllium Powder                     Same    7440-41-7  P015
Bis(pentamethylene)-                 Piperidine,    120-54-7   none
thiuram tetrasulfide  1,1'-(tetrathiodicarbon-
                                       othioyl)-
bis-
Bromoacetone                         2-Propanone, 1-bromo-    598-31-2   P017
Bromoform                            Methane, tribromo-    75-25-2    U225
4-Bromophenyl                        Benzene, 1-bromo-4-    101-55-3   U030
 phenyl ether                        phenoxy
Brucine                              Strychnidin-10-one, 2,3-  357-57-3   P018
dimethoxy
Butyl benzyl                         1,2-Benzenedicarboxylic   85-68-7
 phthalate                           acid, butyl phenylmethyl
ester
Butylate                             Carbamothioic acid,    2008-41-5  none
bis(2-methylpropyl)-,
S-ethyl ester
Cacodylic acid                       Arsinic acid, dimethyl-   75-60-5    U136
Cadmium    Same       7440-
                 -4-
                 3-9
Cadmium compounds                    N.O.S.
Calcium chromate                     Chromic acid, H    13765-19-  U032
      -0
calcium salt
Calcium cyanide                      Calcium cyanide Ca(CN)    592-01-8   P021
Carbaryl                             1-Naphthalenol,    63-25-2    U279
methylcarbamate
Carbendazim                          Carbamic acid,    10605-21-  U372
      -7
1H-benzimidazol-2-yl,
methyl ester
Carbofuran                           7-Benzofuranol,    1563-66-2  P127
2,3-dihydro-2,2-dimethyl-,
methylcarbamate
Carbofuran phenol                    7-Benzofuranol,    1563-38-8  U367
2,3-dihydro-2,2-dimethyl-
Carbon disulfide                     Same    75-15-0    P022
Carbon oxyfluoride                   Carbonic difluoride    353-50-4   U033
Carbon tetrachloride                 Methane, tetrachloro-    56-23-5    U211
Carbosulfan                          Carbamic acid,    55285-14-  P189
      -8
[(dibutylamino) thio]
methyl-,2,3-dihydro-2,2-
dimethyl-7-benzofuranyl ester
Chloral                              Acetaldehyde, trichloro-  75-87-6    U034
Chlorambucil                         Benzenebutanoic acid, 4-  305-03-3   U035
[bis(2-chloroethyl)amino]-
Chlordane  4,7-Methano-1H-indene,1-  57-74-9    U036
                                       ,2,
4,5,6,7,8,8-octachloro-2,
3,3a,4,7,7a-hexahydro-
Chlordane (alpha and               U036
 gamma isomers)
Chlorinated benzenes                 N.O.S.
Chlorinated ethane                   N.O.S.
Chlorinated
 fluorocarbons                       N.O.S.
Chlorinated naphtha-
 lene                                N.O.S.
Chlorinated phenol                   N.O.S.
Chlornaphazine                       Naphthalenamine,    494-03-1   U026
                                       N,N'-bis
(2-chloroethyl)-
Chloroacetaldehyde                   Acetaldehyde, chloro-    107-20-0   P023
Chloroalkyl ethers                   N.O.S.
p-Chloroaniline                      Benzenamine, 4-chloro    106-47-8   P024
Chlorobenzene                        Benzene, chloro-    108-90-7   U037
Chlorobenzilate                      Benzeneacetic acid, 4-    510-15-6   U038
chloro-alpha-(4-chloro-
phenyl)-alpha-hydroxy-,
ethyl ester
p-Chloro-m-cresol                    Phenol,    59-50-7    U039
                                       4-chloro-3-methyl-
2-Chloroethyl vinyl                  Ethene,    110-75-8   U042
                                       (2-chloroethoxy)-
ether
Chloroform                           Methane, trichloro-    67-66-3    U044
Chloromethyl methyl                  Methane, chloromethoxy-   107-30-2   U046
ether
beta-Chloro-                         Napthalene, 2-chloro-    91-58-7    U047
naphthalene
o-Chlorophenol                       Phenol, 2-chloro-    95-57-8    U048
1-(o-Chlorophenyl)                   Thiourea,    5344-82-1  P026
                                       (2-chlorophenyl)-
thiourea
Chloroprene                          1,3-Butadiene, 2-chloro-  126-99-8
3-Chloropropio-                      Propanenitrile,    542-76-7   P027
                                       3-chloro-
nitrile
Chromium                             Same    7440-47-3
Chromium compounds                   N.O.S.
Chrysene                             Same    218-01-9   U050
Citrus red No. 2                     2-Naphthalenol, 1-[(2,5-  6358-53-8
dimethoxyphenyl)azo]-
Coal tar creosote                    Same    8007-45-2
Copper cyanide                       Copper cyanide CuCN    544-92-3   P029
Copper                               Copper,    137-29-1   none
dimethyldithiocarbamate  bis(dimethylcarbamodith-
                                       ioato-
S,S')-,
Creosote    Same       U051
Cresol (Cresylic acid)               Phenol, methyl-    1319-77-3  U052
Crotonaldehyde                       2-Butenal    4170-30-3  U053
m-Cumenyl                            Phenol,    64-00-6    P202
                                       3-(methylethyl)-,
methylcarbamate                      methyl carbamate
Cyanides (soluble salts               P030
 and complexes)                      N.O.S.
Cyanogen                             Ethanedinitrile    460-19-5   P031
Cyanogen bromide                     Cyanogen bromide (CN)Br   506-68-3   U246
Cyanogen chloride                    Cyanogen chloride (CN)Cl  506-77-4   P033
Cycasin                              beta-D-Glucopyranoside,   14901-08-
      -7
(methyl-ONN-azoxy)methyl
Cycloate                             Carbamothioic acid,    1134-23-2  none
cyclohexylethyl-, S-ethyl ester
2-Cyclohexyl-4,6-                    Phenol, 2-cyclohexyl-4,   131-89-5   P034
 dinitrophenol                       6-dinitro-
Cyclophosphamide  2H-1,3,2-0xazaphosphori-  50-18-0    U058
                                       n-
2-amine, N,N-bis(2-chloro-
ethyl)tetrahydro-, 2-oxide
2,4-D                                Acetic acid,    94-75-7    U240
                                       (2,4-dichloro-
phenoxy)-
2,4-D, salts and esters               U240
Daunomycin                           5,12-Naphthacenedione,    20830-81-  U059
                                       8-      -3
acetyl-10-[(3-amino-2,3,
6-trideoxy-alpha-L-lyxo-
hexopyranosyl)oxy]-7,8,9,10-
tetrahydro-6,8,11-trihy-
droxy-1-methoxy-, (8S-cis)-
Dazomet                              2H-1,3,5-thiadiazine-2-   533-74-4   none
thione, tetrahydro-3,5-dimethyl
DDD                                  Benzene,    72-54-8    U060
                                       1,1'-(2,2-dichlo-
roethylidene)bis[4-chloro-
DDE                                  Benzene, 1,1'-(dichloro-  72-55-9
ethenylidene)bis[4-chloro-
DDT                                  Benzene,    50-29-3    U061
                                       1,1'-(2,2,2-tri-
chloroethylidene)bis[4-
chloro-
Diallate                             Carbamothioic acid, bis   2303-16-4  U062
(1-methylethyl)-, S-(2,3-
dichloro-2-propenyl) ester
Dibenz[a,h]acridine                  Same    226-36-8
Dibenz[a,j]acridine                  Same    224-42-0
Dibenz[a,h]anthracene                Same    53-70-3    U063
7H -Dibenzo[c,g]                     Same    194-59-2
 carbazole
Dibenzo[a,e]pyrene                   Naphtho[1,2,3,4-def]    192-65-4
chrysene
Dibenzo[a,h]pyrene                   Dibenzo[b,def]chrysene    189-64-0
Dibenzo[a,i]pyrene                   Dibenzo[rst]pentaphene    189-55-9   U064
1,2-Dibromo-3-                       Propane, 1,2-dibromo-3-   96-12-8    U066
 chloropropane                       chloro-
Dibutyl phthalate                    1,2-Benzenedicarboxylic   84-74-2    U069
acid, dibutylester
o-Dichlorobenzene                    Benzene, 1,2-dichloro-    95-50-1    U070
m-Dichlorobenzene                    Benzene, 1,3-dichloro-    541-73-1   U071
p-Dichlorobenzene                    Benzene, 1,4-dichloro-    106-46-7   U072
Dichlorobenzene,                     Benzene, dichloro-    25321-22-
      -6
 N.O.S.
3,3'-Dichloro                        [1,1'-Biphenyl]-4,4'-    91-94-1    U073
 benzidine                           diamine, 3,3'-dichloro-
1,4-Dichloro-2-                      2-Butene, 1,4-dichloro-   764-41-0   U074
 butene
Dichlorodifluoro-                    Methane,    75-71-8    U075
                                       dichlorodifluoro-
 methane
Dichloroethylene,                    Dichloroethylene    25323-30-
      -2
 N.O.S.
1,1-Dichloro-                        Ethene, 1,1-dichloro-    75-35-4    U078
 ethylene
1,2-Dichloro-                        Ethene, 1,2-dichloro-,    156-60-5   U079
 ethylene                            (E)-
Dichloroethyl                        Ethane, 1,1'oxybis    111-44-4   U025
 ether                               [2-chloro-
Dichloroisopropyl                    Propane, 2,2'-oxybis    108-60-1   U027
 ether                               [1-chloro-
Dichloromethoxy                      Ethane,    111-91-1   U024
                                       1,1'-[methylenebis
 ethane                              (oxy)]bis[2-chloro-
Dichloromethyl                       Methane, oxybis[chloro-   542-88-1   P016
 ether
2,4-Dichlorophenol                   Phenol, 2,4-dichloro-    120-83-2   U081
2,6-Dichlorophenol                   Phenol, 2,6-dichloro-    87-65-0    U082
Dichlorophenyl-                      Arsonous dichloride,    696-28-6   P036
 arsine                              phenyl-
Dichloropropane,                     Propane, dichloro-    26638-19-
      -7
 N.O.S.
Dichloropropanol,                    Propanol, dichloro-    26545-73-
      -3
 N.O.S.
Dichloropropene,                     1-Propene, dichloro-    26952-23-
      -8
 N.O.S. [FN1]
1,3-Dichloropropene                  1-Propene, 1,3-dichloro-  542-75-6   U084
Dieldrin                             2,7:3,6-Dimethanonaphth   60-57-1    P037
[2,3-b]oxirene, 3,4,5,6,
9,9-hexachloro-1a,2,2a,3,
6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,
3beta,6beta,6aalpha,
7beta,7aalpha)-
1,2:3,4-Diepoxy                      2,2'-Bioxirane    1464-53-5  U085
 butane
Diethylarsine                        Arsine, diethyl-    692-42-2   P038
1,4-Diethyleneoxide                  1,4-Dioxane    123-91-1   U108
Diethylene glycol,                   Ethanol, 2,2'-oxybis-,    5952-26-1  U395
dicarbamate                          discarbamate
Diethylhexyl                         1,2-Benzenedicarboxylic   117-81-7   U028
 phthalate                           acid, bis(2-ethylhexyl)
ester
N,N'-Diethylhydrazine                Hydrazine, 1,2-diethyl    1615-80-1  U086
O,O-Diethyl S-methyl                 Phosphorodithioic acid,   3288-58-2  U087
 dithiophosphate                     O,O-diethyl S-methyl
                                       ester
Diethyl-p-nitrophenyl                Phosphoric acid, diethyl  311-45-5   P041
 phosphate                           4-nitrophenyl ester
Diethyl phthalate                    1,2-Benzenedicarboxylic   84-66-2    U088
acid, diethyl ester
O,O-Diethyl O-pyra-                  Phosphorothioic acid,    297-97-2   P040
 zinyl phosphoro-                    O,O-diethyl O-pyrazinyl
 thioate                             ester
Diethylstilbestrol                   Phenol,    56-53-1    U089
                                       4,4'-(1,2-diethyl-
1,2-ethenediyl)bis-, (E)-
Dihydrosafrole                       1,3-Benzodioxole,    94-58-6    U090
                                       5-propyl-
Diisopropyl-                         Phosphorofluoridic acid,  55-91-4    P043
 fluorophosphate                     bis(1-methylethyl) ester
 (DFP)
Dimethoate                           Phosphorodithioic acid,   60-51-5    P044
O,O-dimethyl S-[2-
(methylamino)-2-
oxoethyl] ester
3,3'-Dimethoxy                       [1,1'-Biphenyl]-4,4'-    119-90-4   U091
 Benzidine                           diamine, 3,3'-dimethoxy-
p-Dimethylaminoazo-                  Benzenamine,    60-11-7    U093
                                       N,N-dimethyl-
 benzene                             4-(phenylazo)-
7,12-Dimethylbenz[a]                 Benz[a]anthracene,    57-97-6    U094
 anthracene                          7,12-dimethyl-
3,3'-Dimethylbenzidine               [1,1'-Biphenyl]-4,    119-93-7   U095
4'-diamine, 3,3'-dimethyl-
Dimethylcarbamoyl                    Carbamic chloride,    79-44-7    U097
 chloride                            dimethyl-
1,1-Dimethylhydrazine                Hydrazine, 1,1-dimethyl-  57-14-7    U098
1,2-Dimethylhydrazine                Hydrazine, 1,2-dimethyl-  540-73-8   U099
alpha, alpha-Dimethyl-               Benzeneethanamine,    122-09-8   P046
                                       alpha,
 phenethylamine                      alpha-dimethyl-
2,4-Dimethylphenol                   Phenol, 2,4-dimethyl-    105-67-9   U101
Dimethyl phthalate                   1,2-Benzenedicarboxylic   131-11-3   U102
acid, dimethyl ester
Dimethylsulfate                      Sulfuric acid, dimethyl   77-78-1    U103
ester
Dimetilan                            Carbamic acid,    644-64-4   P191
dimethyl-, 1- [(dimethylamino)
carbonyl]-5-methyl-1H-
pyrazol-3-yl ester
Dinitrobenzene,                      Benzene, dinitro-    25154-54-
      -5
 N.O.S.
4,6-Dinitro-o-cresol                 Phenol, 2-methy1-4,6-    534-52-1   P047
dinitro-
4,6-Dinitro-o-cresol               P047
 salts
2,4-Dinitrophenol                    Phenol, 2,4-dinitro-    51-28-5    P048
2,4-Dinitrotoluene                   Benzene, 1-methyl-2,4-    121-14-2   U105
dinitro-
2,6-Dinitrotoluene                   Benzene, 2-methyl-1,3-    606-20-2   U106
dinitro-
Dinoseb                              Phenol,    88-85-7    P020
                                       2-(1-methylpropyl)-
4,6-dinitro-
Di-n-octyl phthalate                 1,2-Benzenedicarboxylic   117-84-0   U017
acid, dioctyl ester
Diphenylamine                        Benzenamine, N-phenyl-    122-39-4
1,2-Diphenylhydrazine                Hydrazine, 1,2-diphenyl-  122-66-7   U109
iDi-n-propylnitros-                  1-Propanamine,    621-64-7   U111
                                       N-nitroso-
 amine                               N-propyl-
Disulfiram                           Thioperoxydicarbonic,    97-77-8    none
diamide, tetraethyl
Disulfoton                           Phosphorodithioic acid,   298-04-4   P039
O,O-diethyl S-[2-(ethyl-
thio)ethyl] ester
Dithiobiuret                         Thioimidodicarbonic    541-53-7   P049
                                       diamide
[(H
Endosulfan                           6,9-Methano-2,4,3-    115-29-7   P050
benzodioxathiepin, 6,7,8,
9,10,10-hexachloro-1,5,5a,
6,9,9a- hexahydro-, 3-
oxide
Endothall  7-Oxabicyclo[2.2.1]hept-  145-73-3   P088
                                       ane-
2,3-dicarboxylic acid
Endrin                               2,7:3,6-Dimethanonaphth   72-20-8    P051
[2,3-b]oxirene, 3,4,5,6,
9,9-hexachloro-1a,2,2a,3,
6,6a,7,7a-octahydro-,
(laalpha,2beta,2abeta,
3alpha,6alpha,6abeta,
7beta, 7aalpha)-
Endrin metabolites               P051
Epichlorohydrin                      Oxirane, (chloromethyl)-  106-89-8   U041
Epinephrine                          1,2-Benzenediol, 4-    51-43-4    P042
[1-hydroxy-2-(methyl-
amino) ethyl]-,(R)-
EPTC                                 Carbamothioic acid,    759-94-4   none
dipropyl-, S-ethyl ester
Ethyl carbamate                      Carbamic acid, ethyl    51-79-6    U238
                                       ester
 (urethane)
Ethyl cyanide                        Propanenitrile    107-12-0   P101
Ethyl Ziram                          Zinc,    14324-55-  none
      -1
bis(diethylcarbamodithioato-
S,S')-
Ethylenebisdithiocar-                Carbamodithioic acid,    111-54-6   U114
                                       1,2-
 bamic acid                          ethanediylbis-
Ethylenebisdithiocar-               U114
 bamic acid, salts
 and esters
Ethylene dibromide                   Ethane, 1,2-dibromo-    106-93-4   U067
Ethylene dichloride                  Ethane, 1,2-dichloro-    107-06-2   U077
Ethylene glycol                      Ethanol, 2-ethoxy-    110-80-5   U359
 monoethyl ether
Ethyleneimine                        Aziridine    151-56-4   P054
Ethylene oxide                       Oxirane    75-21-8    U115
Ethylenethiourea                     2-Imidazolidinethione    96-45-7    U116
Ethylidene                           Ethane, 1,1-dichloro-    75-34-3    U076
 dichloride
Ethyl methacrylate                   2-Propenoic acid, 2-    97-63-2    U118
methyl-, ethyl ester
Ethyl methanesul-                    Methanesulfonic acid,    62-50-0    U119
 fonate                              ethyl ester
Famphur                              Phosphorothioic acid,    52-85-7    P097
                                       0-[4-
[(dimethylamino) sulfonyl]
phenyl] O,O-dimethyl ester
Ferbam                               Iron,    14484-64-  none
      -1
tris(dimethylcarbamodithioato-
S,S')-,
Fluoranthene                         Same    206-44-0   U120
Fluorine                             Same    7782-41-4  P056
Fluoroacetamide                      Acetamide, 2-fluoro-    640-19-7   P057
Fluoroacetic acid,                   Acetic acid, fluoro-,    62-74-8    P058
 sodium salt                         sodium salt
Formaldehyde                         Same    50-00-0    U122
Formetanate                          Methanimidamide,    23422-53-  P198
      -9
hydrochloride                        N,N-dimethyl-N'-[3-
[[(methylamino) carbonyl]oxy]
phenyl]-,monohydrochloride
Formic acid                          Same    64-18-6    U123
Formparanate                         Methanimidamide,    17702-57-  P197
      -7
N,N-dimethyl-N'-[2-
methyl-4-[[(methylamino)
carbonyl]oxy]phenyl]-.
Glycidylaldehyde                     Oxiranecarboxyaldehyde    765-34-4   U126
Halomethanes, N.O.S.
Heptachlor                           4,7-Methano-1H-indene,    76-44-8    P059
                                       1,4,
5,6,7,8,8-heptachloro-3a,
4,7,7a-tetrahydro-
Heptachlorodibenzo-
 furans
Heptachlorodibenzo-p-
 dioxins
Heptachlor epoxide                   2,5-Methano-2H-indeno    1024-57-3
[1,2-b]oxirene,2,3,4,5,6,
7,7-heptachloro-1a,1b,5,5a,
6,6a-hexahydro-(1aalpha,
1bbeta,2alpha,5alpha,
5abeta,6beta,6aalpha)-
Heptachlor epoxide
 (alpha, beta, and
 gamma isomers)
Hexachlorobenzene                    Benzene, hexachloro-    118-74-1   U127
Hexachlorobutadiene                  1,3-Butadiene,    87-68-3    U128
                                       1,1,2,3,4,
4-hexachloro-
Hexachlorocyclopen-                  1,3-Cyclopentadiene,    77-47-4    U130
                                       1,2,
 tadiene                             3,4,5,5-hexachloro-
Hexachlorodibenzo-p-
 dioxins
Hexachlorodibenzo-
 furans
Hexachloroethane                     Ethane, hexachloro-    67-72-1    U131
Hexachlorophene                      Phenol,    70-30-4    U132
                                       2,2'-methylenebis
[3,4,6-trichloro-
Hexachloropropene                    1-Propene, 1,1,2,3,3,3,-  1888-71-7  U243
hexachloro-
Hexaethyl tetraphos-                 Tetraphosphoric acid,    757-58-4   P062
 phate                               hexaethyl ester
Hydrazine                            Same    302-01-2   U133
Hydrogen cyanide                     Hydrocyanic acid    74-90-8    P063
Hydrogen fluoride                    Hydrofluoric acid    7664-39-3  U134
Hydrogen sulfide                     Hydrogen sulfide H    7783-06-4  U135
Indeno[1,2,3-cd]-                    Same    193-39-5   U137
 pyrene
3-Iodo-2-propynyl                    Carbamic acid, butyl-, .  55406-53-  none
      -6
n-butylcarbamate                     3-iodo-2-propynyl ester
Isobutyl alcohol                     1-Propanol, 2-methyl-    78-83-1    U140
Isodrin  1,4,5,8-Dimethanonaphth-  465-73-6   P060
                                       a-
lene,1,2,3,4,10,10-hexa-
chloro-1,4,4a,5,8,8a-
hexa-hydro-,(1alpha,
4alpha,4abeta,5beta,8beta,
8abeta)-
Isolan                               Carbamic acid,    119-38-0   P192
dimethyl-,3-methyl-1-
(1-methylethyl)-
1H-pyrazol-5-yl ester
Isosafrole                           1,3-Benzodioxole, 5-    120-58-1   U141
(1-propenyl)-
Kepone  1,3,4-Metheno-2H-cyclob-  143-50-0   U142
                                       uta
[cd]pentalen-2-one,1,1a,
3,3a,4,5,5,5a,5b,6-deca-
chlorooctahydro-
Lasiocarpine                         2-Butenoic acid,    303-34-4   U143
                                       2-methyl-,
7-[[2,3-dihydroxy-2-
(1-methoxyethyl)-3-methyl-
1-oxobutoxy]methyl]-2,3,5,
7a-tetrahydro-1H-pyrroli-
zin-1-yl ester,[1S-[1alpha
(Z),7(2S*,3R*),7aalpha]]-
Lead                                 Same    7439-92-1
Lead compounds,
 N.O.S. [FN1]
Lead acetate                         Acetic acid, lead (2+)    301-04-2   U144
                                       salt
Lead phosphate                       Phosphoric acid, lead    7446-27-7  U145
                                       (2+)
salt (2:3)
Lead subacetate                      Lead, bis(acetato-O)    1335-32-6  U146
tetrahydroxytri-
Lindane                              Cyclohexane,    58-89-9    U129
                                       1,2,3,4,5,6-
hexachloro-, (1alpha,
2alpha,3beta,4alpha,
5alpha,6beta)
Maleic anhydride                     2,5-Furandione    108-31-6   U147
Maleic hydrazide                     3,6-Pyridazinedione,    123-33-1   U148
                                       1,2-
dihydro-
Malononitrile                        Propanedinitrile    109-77-3   U149
Manganese                            Manganese,    15339-36-  P196
      -3
dimethyldithiocarbamate  bis(dimethylcarbamodith-
                                       ioato-
S,S')-,
Melphalan                            L-Phenylalanine,    148-82-3   U150
                                       4-[bis(2-
chloroethyl)aminol]-
Mercury                              Same    7439-97-6  U151
Mercury compounds,
 N.O.S. [FN1]
Mercury fulminate                    Fulminic acid, mercury    628-86-4   P065
                                       (2+)
salt
Metam Sodium                         Carbamodithioic acid,    137-42-8   none
methyl-, monosodium salt
Methacrylonitrile                    2-Propenenitrile,    126-98-7   U152
2-methyl-
Methapyrilene                        1,2-Ethanediamine, N,N-   91-80-5    U155
dimethyl-N'-2-pyridinyl-
N'-(2-thienylmethyl)-
Methiocarb                           Phenol, (3,5-dimethyl-    2032-65-7  P199
4-(methylthio)-,
methylcarbamate
Methomyl                             Ethanimidothioic acid,    16752-77-  P066
                                       N-      -5
[[(methylamino)carbonyl]
oxy]-, methyl ester
Methoxychlor                         Benzene,    72-43-5    U247
                                       1,1'-(2,2,2-tri-
chloroethylidene)bis
[4-methoxy-
Methyl bromide                       Methane, bromo-    74-83-9    U029
Methyl chloride                      Methane, chloro-    74-87-3    U045
Methyl                               Carbonochloridic acid,    79-22-1    U156
 chlorocarbonate                     methyl ester
Methyl chloroform                    Ethane, 1,1,1-trichloro-  71-55-6    U226
3-Methylcholanthrene                 Benz[j]aceanthrylene,    56-49-5    U157
                                       1,2-
dihydro-3-methyl-
4,4'-Methylenebis                    Benzenamine,    101-14-4   U158
                                       4,4'-methyl-
 (2-chloroaniline)                   enebis[2-chloro-
Methylene bromide                    Methane, dibromo-    74-95-3    U068
Methylene chloride                   Methane, dichloro-    75-09-2    U080
Methyl ethyl ketone                  2-Butanone    78-93-3    U159
 (MEK)
Methyl ethyl ketone                  2-Butanone, peroxide    1338-23-4  U160
 peroxide
Methyl hydrazine                     Hydrazine, methyl-    60-34-4    P068
Methyl iodide                        Methane, iodo-    74-88-4    U138
Methyl isocyanate                    Methane, isocyanato-    624-83-9   P064
2-Methyllactonitrile                 Propanenitrile,    75-86-5    P069
                                       2-hydroxy-
2-methyl-
Methyl methacrylate                  2-Propenoic acid, 2-    80-62-6    U162
methyl-, methyl ester
Methyl methanesul-                   Methanesulfonic acid,    66-27-3
 fonate                              methyl ester
Methyl parathion                     Phosphorothioic acid,    298-00-0   P071
                                       0,0-
dimethyl 0-(4-nitrophenyl)
ester
Methylthiouracil                     4(1H)-Pyrimidinone, 2,3-  56-04-2    U164
dihydro-6-methy1-2-
thioxo-
Metolcarb                            Carbamic acid, methyl-,   1129-41-5  P190
3-methylphenyl ester
Mexacarbate                          Phenol,    315-18-4   P128
4-(dimethylamino)-3,5-
dimethyl-,methylcarbamate
(ester)
Mitomycin C  Azirino[2,3':3,4]pyrrolo  50-07-7    U010
[1,2-a]indole-4,7-dione,
6-amino-8-[[(aminocarbonyl)          oxy]methyl]-
1,1a,2,8,8a,
8b-hexahydro-8a-methoxy-
5-methyl-, [1aS-(1aalpha,
8beta,8aalpha,8balpha)]-
MNNG                                 Guanidine, N-methyl-N'-   70-25-7    U163
nitro-N-nitroso-
Molinate  1H-Azepine-1-carbothioic  2212-67-1  none
acid, hexahydro-, S-ethyl
ester
Mustard gas                          Ethane, 1,1'-thiobis[2-   505-60-2
chloro-
Naphthalene                          Same    91-20-3    U165
1,4-Naphthoquinone                   1,4-Naphthalenedione    130-15-4   U166
alpha-Naphthylamine                  1-Naphthalenamine    134-32-7   U167
beta-Naphthylamine                   2-Naphthalenamine    91-59-8    U168
alpha-Naphthylthiourea               Thiourea,    86-88-4    P072
                                       1-naphthalenyl-
Nickel                               Same    7440-02-0
Nickel compounds,
 N.O.S. [FN1]
Nickel carbonyl                      Nickel carbonyl Ni(CO)    13463-39-  P073
      -3
(T-4)-
Nickel cyanide                       Nickel cyanide Ni(CN)    557-19-7   P074
Nicotine                             Pyridine, 3-(1-methyl-2-  54-11-5    P075
pyrrolidinyl)-, (S)-
Nicotine salts               P075
Nitric oxide                         Nitrogen oxide NO    10102-43-  P076
      -9
p-Nitroaniline                       Benzenamine, 4-nitro-    100-01-6   P077
Nitrobenzene                         Benzene, nitro-    98-95-3    U169
Nitrogen dioxide                     Nitrogen oxide NO    10102-44-  P078
      -0
Nitrogen mustard                     Ethanamine, 2-chloro-N-   51-75-2
(2-chloroethyl)-N-methyl-
Nitrogen mustard,
 hydrochloride salt
Nitrogen mustard                     Ethanamine, 2-chloro-N-   126-85-2
 N-oxide  (2-chloroethyl)-N-methy-
                                       l-,
N-oxide
Nitrogen mustard,
 N-oxide,
 hydrochloride salt
Nitroglycerin                        1,2,3-Propanetriol,    55-63-0    P081
trinitrate
p-Nitrophenol                        Phenol, 4-nitro-    100-02-7   U170
2-Nitropropane                       Propane, 2-nitro-    79-46-9    U171
Nitrosamines, N.O.S.    35576-91-
      -1
N-Nitrosodi-n-                       1-Butanamine, N-butyl-N-  924-16-3   U172
 butylamine                          nitroso-
N-Nitrosodiethanol-                  Ethanol, 2,2'-(nitroso-   1116-54-7  U173
 amine                               imino)bis-
N-Nitrosodiethylamine                Ethanamine, N-ethyl-N-    55-18-5    U174
nitroso-
N-Nitrosodimethyl-                   Methanamine, N-methyl-N-  62-75-9    P082
 amine                               nitroso-
N-Nitroso-N-ethylurea                Urea, N-ethyl-N-nitroso-  759-73-9   U176
N-Nitrosomethylethyl-                Ethanamine, N-methyl-N-   10595-95-
      -6
 amine                               nitroso-
N-Nitroso-N-methyl-                  Urea, N-methyl-N-    684-93-5   U177
 urea                                nitroso
N-Nitroso-N-methyl-                  Carbamic acid,    615-53-2   U178
 urethane                            methylnitroso-, ethyl
ester
N-Nitrosomethylvinyl-                Vinylamine, N-methyl-N-   4549-40-0  P084
 amine                               nitroso-
N-Nitrosomorpholine                  Morpholine, 4-nitroso-    59-89-2
N-Nitrosonornicotine                 Pyridine,    16543-55-
                                       3-(1-nitroso-2-      -8
pyrrolidinyl)-, (S)-
N-Nitrosopiperidine                  Piperidine, 1-nitroso-    100-75-4   U179
N-Nitrosopyrrolidine                 Pyrrolidine, 1-nitroso-   930-55-2   U180
N-Nitrososarcosine                   Glycine, N-methyl-N-    13256-22-
      -9
nitroso-
5-Nitro-o-toluidine                  Benzenamine, 2-methy1-5-  99-55-8    U181
nitro-
Octachlorodibenzo-p-                 1,2,3,4,6,7,8,9-    3268-87-9  None
 dioxin (OCDD)  Octachlorodibenzo-p-dio-
                                       xin
Octachlorodibenzofuran               1,2,3,4,6,7,8,9-    39001-02-  None
      -0
 (OCDF)                              Octachlorodibenofuran
Octamethylpyrophos-                  Diphosphoramide, octam-   152-16-9   P085
 phoramide                           ethyl-
Osmium tetroxide                     Osmium oxide OsO    20816-12-  P087
      -0
Oxamyl                               Ethanimidothioc acid,    23135-22-  P194
      -0
2-(dimethylamino)-N-
[[(methylamino)carbonyl]oxy]-
2-oxo-, methyl ester
Paraldehyde                          1,3,5-Trioxane, 2,4,6-    123-63-7   U182
trimethyl-
Parathion                            Phosphorothioic acid,    56-38-2    P089
                                       0,0-
diethyl 0-(4-nitrophenyl)
ester
Pebulate                             Carbamothioic acid,    1114-71-2  none
butylethyl-, S-propyl ester
Pentachlorobenzene                   Benzene, pentachloro-    608-93-5   U183
Pentachlorodibenzo-p-
 dioxins
Pentachlorodibenzo-
 furans
Pentachloroethane                    Ethane, pentachloro-    76-01-7    U184
Pentachloronitro-                    Benzene,    82-68-8    U185
                                       pentachloronitro-
 benzene (PCNB)
Pentachlorophenol                    Phenol, pentachloro-    87-86-5    See
    F027
Phenacetin                           Acetamide, N-(4-ethoxy-   62-44-2    U187
phenyl)-
Phenol                               Same    108-95-2   U188
Phenylenediamine                     Benzenediamine    25265-76-
      -3
Phenylmercury acetate                Mercury, (acetato-O)    62-38-4    P092
                                       phenyl
Phenylthiourea                       Thiourea, phenyl-    103-85-5   P093
Phosgene                             Carbonic dichloride    75-44-5    P095
Phosphine                            Same    7803-51-2  P096
Phorate                              Phosphorodithioic acid,   298-02-2   P094
O,O-diethyl S-[(ethylthio)
methyl] ester
Phthalic acid esters,
 N.O.S. [FN1]
Phthalic anhydride                   1,3-Isobenzofurandione    85-44-9    U190
2-Picoline                           Pyridine, 2-methyl-    109-06-8   U191
Physostigmine                        Pyrrolo[2,3-b]indol-    57-47-6    P204
5-01,1,2,3,3a,8,8a-
hexahydro-1,3a,8-
trimethyl-, methylcarbamate
(ester), (3aS-cis)-
Physostigmine                        Benzoic acid,    57-64-7    P188
Salicylate                           2-hydroxy-, compd. with
(3aS-cis) -1,2,3,3a,8,8a-
hexahydro-1,3a,8-trimethylpyrrolo
[2,3-b]indol-5-yl
methylcarbamate ester (1:1).
Polychlorinated
 biphenyls, N.O.S.
Potassium cyanide                    Potassium cyanide K(CN)   151-50-8   P098
Potassium                            Carbamodithioic acid,    128-03-0   none
dimethyldithiocarbamate              dimethyl, potassium salt
Potassium                            Carbamodithioic acid,    51026-28-  none
      -9
n-hydroxymethyl  (hydroxyymethyl)methyl-,
- n-methyl-                          monopotassium salt
dithiocarbamate
Potassium                            Carbamodithioic acid,    137-41-7   none
n-methyldithiocarbamate              methyl-monopotassium
salt
Potassium                            Pentachlorophenol,    7778736    none
pentachlorophenate                   potassium salt
Potassium silver                     Argentate(l-), bis    506-61-6   P099
 cyanide                             (cyano-C)-, potassium
Promecarb                            Phenol,    2631-37-0  P201
3-methyl-5-(1-methylethyl)-,
methyl carbamate
Pronamide                            Benzamide,    23950-58-  U192
                                       3,5-dichloro-N-      -5
 (1,1-dimethyl-2-pro-
 pynyl)-1,3-Propane
 sultone                             1,2-Oxathiolane, 2,2-    1120-71-4  U193
dioxide
n-Propylamine                        1-Propanamine    107-10-8   U194
Propargyl alcohol                    2-Propyn-1-ol    107-19-7   P102
Propham                              Carbamic acid, phenyl-,   122-42-9   U373
1-methylethyl ester
Propoxur                             Phenol,    114-26-1   U411
2-(1-methylethoxy)-,
methylcarbamate
Propylene dichloride                 Propane, 1,2-dichloro-    78-87-5    U083
1,2-Propylenimine                    Aziridine, 2-methyl-    75-55-8    P067
Propylthiouracil                     4(1H)-Pyrimidinone, 2,3-  51-52-5
dihydro-6-propyl-2-thioxo-
Prosulfocarb                         Carbamothioic acid,    52888-80-  U387
      -9
dipropyl-,S-(phenylmethyl)
ester
Pyridine                             Same    110-86-1   U196
Reserpine                            Yohimban-16-carboxylic    50-55-5    U200
acid, 11,17-dimethoxy-18-
[(3,4,5-trimethoxybenzoyl)
oxy]-methyl ester,
(3beta,16beta,17alpha,
18beta,20alpha)-
Resorcinol                           1,3-Benzenediol    108-46-3   U201
Saccharin  1,2-Benzisothiazol-3(2H-  81-07-2    U202
                                       )-
one, 1,1-dioxide
Saccharin salts               U202
Safrole                              1,3-Benzodioxole, 5-    94-59-7    U203
(2-propenyl)-
Selenium                             Same    7782-49-2
Selenium compounds,
 N.O.S. [FN1]
Selenium dioxide                     Selenious acid    7783-00-8  U204
Selenium sulfide                     Selenium sulfide SeS    7488-56-4  U205
Selenium, tetrakis                   Carbamodithioic acid,    144-34-3   none
(dimethyl-                           dimethyl-,
                                       tetraanhydrosulfide
dithiocarbamate)                     with orthothioselenious
                                       acid
Selenourea                           Same    630-10-4   P103
Silver                               Same    7440-22-4
Silver compounds,
 N.O.S. [FN1]
Silver cyanide                       Silver cyanide Ag(CN)    506-64-9   P104
Silvex (2,4,5-TP)                    Propanoic acid,    93-72-1    See
                                       2-(2,4,5-
                                     trichlorophenoxy)-    F027
Sodium cyanide                       Sodium cyanide Na(CN)    143-33-9   P106
Sodium dibutyldithio-                Carbamodithioic acid,    136-30-1   none
carbamate                            dibutyl, sodium salt
Sodium diethyldithio-                Carbamodithioic acid,    148-18-5   none
carbamate                            diethyl-, sodium salt
Sodium dimethyldithio-               Carbamodithioic acid,    128-04-1   none
carbamate                            dimethyl-, sodium salt
Sodium                               Pentachlorophenol,    131522     none
pentachlorophenate                   sodium salt
Streptozotocin                       D-Glucose, 2-deoxy-2-    18883-66-  U206
      -4
[[(methylnitrosoamino)
carbonyl]amino]-
Strychnine                           Strychnidin-10-one    57-24-9    P108
Strychnine salts               P108
Sulfallate                           Carbamodithioic acid,    95-06-7    none
diethyl-, 2-chloro-2-
propenyl ester
TCDD  Dibenzo[b,e][1,4]dioxin,  1746-01-6
2,3,7,8-tetrachloro-
Tetrabutylthiuram                    Thioperoxydicarbonic    1634-02-2  none
disulfide                            diamide, tetrabutyl
1,2,4,5-Tetrachloro-                 Benzene, 1,2,4,5-tetra-   95-94-3    U207
 benzene                             chloro
Tetrachlorodibenzo-p-
 dioxins
Tetrachlorodibenzo-
 furans
Tetrachloroethane,                   Ethane, tetrachloro-,    25322-20-
      -7
 N.O.S. [FN1]                        N.O.S.
1,1,1,2-Tetrachloro-                 Ethane, 1,1,1,2-tetra-    630-20-6   U208
 ethane                              chloro
1,1,2,2-Tetrachloro-                 Ethane, 1,1,2,2-tetra-    79-34-5    U209
 ethane                              chloro
Tetrachloroethylene                  Ethene, tetrachloro-    127-18-4   U210
2,3,4,6-Tetrachloro-                 Phenol, 2,3,4,6-tetra-    58-90-2    See
 phenol    chloro-    F027
2,3,4,6-tetrachlorophenol, same      53535276    none
potassium salt
2,3,4,6-tetrachlorophenol, same      25567559    none
sodium salt
Tetraethyldithiopyro-                Thiodophosphoric acid,    3689-24-5  P109
 pyrophosphate                       tetraethyl ester
Tetramethylthiuram  Bis(dimethylthiocarbamo-  97-74-5    none
                                       yl)
monosulfide                          sulfide
Tetranitromethane                    Methane, tetranitro-    509-14-8   P112
Thallium                             Same    7440-28-0
Thallium compounds,
 N.O.S. [FN1]
Thallic oxide                        Thallium oxide Tl    1314-32-5  P113
Thallium (I) acetate                 Acetic acid, thallium    563-68-8   U214
                                       (1+)
salt
Thallium (I) carbonate               Carbonic acid,    6533-73-9  U215
                                       dithallium
(1+) salt
Thallium (I) chloride                Thallium chloride TlCl    7791-12-0  U216
Thallium (I) nitrate                 Nitric acid, thallium    10102-45-  U217
                                       (1+)      -1
salt
Thallium selenite                    Selenious acid,    12039-52-  P114
                                       dithallium      -0
(1+) salt
Thallium (I) sulfate                 Sulfuric acid,    7446-18-6  P115
                                       dithallium
(1+) salt
Thioacetamide                        Ethanethioamide    62-55-5    U218
Thiodicarb                           Ethanimidothioic acid,    59669-26-  U410
      -0
N,N'-[thiobis
[(methylimino) carbonyloxy]]
bis-, dimethyl ester.
Thiofanox                            2-Butanone,    39196-18-  P045
                                       3,3-dimethyl-      -4
1-(methylthio)-,O-[(methyl-
amino)carbonyl]oxime
Thiomethanol                         Methanethiol    74-93-1    U153
Thiophanate-methyl                   Carbamic acid,    23564-05-  U409
      -8
[1,2-phyenylenebis
(iminocarbonothioyl)] bis-,
dimethyl ester
Thiophenol                           Benzenethiol    108-98-5   P014
Thiosemicarbazide                    Hydrazinecarbothioamide   79-19-6    P116
Thiourea                             Same    62-56-6    U219
Thiram                               Thioperoxydicarbonic    137-26-8   U244
diamide [(H
tetramethyl-
Tirpate                              1,3-Dithiolane-2-    26419-73-  P185
      -8
carboxaldehyde, 2,4,-dimethyl-,
O-[(methylamino)
carbonyl] oxime.
Toluene                              Benzene, methyl-    108-88-3   U220
Toluenediamine                       Benzenediamine, ar-    25376-45-  U221
      -8
methyl-
Toluene-2,4-diamine                  1,3-Benzenediamine, 4-    95-80-7
methyl
Toluene-2,6-diamine                  1,3-Benzenediamine, 2-    823-40-5
methyl
Toluene-3,4-diamine                  1,2-Benzenediamine, 4-    496-72-0
methyl
Toluene diisocyanate                 Benzene,    26471-62-  U223
                                       1,3-diisocyanato-      -5
methyl-
o-Toluidine                          Benzenamine, 2-methyl-    95-53-4    U328
o-Toluidine                          Benzenamine, 2-methyl-,   636-21-5   U222
 hydrochloride                       hydrochloride
p-Toluidine                          Benzenamine, 4-methyl    106-49-0   U353
Toxaphene                            Same    8001-35-2  P123
Triallate                            Carbamothioic acid,    2303-17-5  U389
bis(1-methylethyl)-,
S-(2,3,3-trichloro-2-
propenyl) ester
1,2,4-Trichlorobenzene               Benzene, 1,2,4-trichloro  120-82-1
1,1,2-Trichloroethane                Ethane, 1,1,2-trichloro   79-00-5    U227
Trichloroethylene                    Ethene, trichloro    79-01-6    U228
Trichloromethanethiol                Methanethiol, trichloro-  75-70-7    P118
Trichloromonofluoro-                 Methane,    75-69-4    U121
                                       trichlorofluoro-
 methane
2,4,5-Trichlorophenol                Phenol, 2,4,5-trichloro-  95-95-4    See
    F027
2,4,6-Trichlorophenol                Phenol, 2,4,6-trichloro-  88-06-2    See
    F027
2,4,5-T                              Acetic acid, (2,4,5-    93-76-5    See
                                     trichlorophenoxy)-    F027
Trichloropropane,    25735-29-
      -9
 N.O.S. [FN1]
1,2,3-Trichloropropane               Propane,    96-18-4
                                       1,2,3-trichloro-
O,O,O-Triethyl phos-                 Phosphorothioic acid,    126-68-1
                                       0,0,
 phorothioate                        O-triethyl ester
Triethylamine                        Ethanamine, N,N-diethyl-  121-44-8   U404
1,3,5-Trinitrobenzene                Benzene, 1,3,5,-trinitro  99-35-4    U234
Tris(1-aziridinyl)                   Aziridine, 1,1',1'-phos-  52-24-4
 phosphine sulfide                   phinothioylidynetris-
Tris(2,3-dibromo-                    1-Propanol,    126-72-7   U235
                                       2,3-dibromo-,
 propyl) phosphate                   phosphate (3:1)
Trypan blue  2,7-Naphthalenedisulfon-  72-57-1    U236
                                       ic
acid, 3,3'-[(3,3'-
dimethyl[1,1'-biphenyl]-
4,4'-diyl)bis(azo)]bis
[5-amino-4-hydroxy-,
tetrasodium salt]
Uracil mustard                       2,4-(1H,3H)-Pyrimidine-   66-75-1    U237
dione,5-[bis(2-chloroethyl)
amino]-
Vanadium pentoxide                   Vanadium oxide V    1314-62-1  P120
Vernolate                            Carbamothioic acid,    1929-77-7  none
dipropyl-, S-propyl ester
Vinyl chloride                       Ethene, chloro-    75-01-4    U043
Warfarin                             2H-1-Benzopyran-2-one,    81-81-2    U248
                                       4-
hydroxy-3-(3-oxo-1-
phenylbutyl)-, when
present at concentrations
of 0.3 or less
Warfarin                             2H-1-Benzopyran-2-one,    81-81-2    P001
                                       4-
hydroxy-3-(3-oxo-1-
phenylbutyl)-, when
present at concentrations
greater than 0.3
Warfarin salts when               U248
 present at concen-
 trations of 0.3% or less
Warfarin salts when               P001
 present at concen-
 trations greater
 than 0.3
Zinc cyanide                         Zinc cyanide Zn(CN)    557-21-1   P121
Zinc phosphide                       Zinc phosphide Zn    1314-84-7  P122
when present at concentra-
tions greater than 10
Zinc phosphide                       Zinc phosphide Zn    1314-84-7  U249
when present at concentra-
tions of 10% or less
Ziram                                Zinc,    137-30-4   P205
bis(dimethylcarbamodithioato-
S,S')-, (T-4)-
[FN1] The abbreviation N.O.S. (not otherwise specified) signifies those members
  of the general class not specifically listed by name in this appendix. Note:
  Authority cited: Sections 25140, 25150, 25159 and 58012, Health and Safety
  Code. Reference: Sections 25140, 25150 and 25159, Health and Safety Code; and
  40 CFR Part 261 Appendix VIII.
 
 



Appendix X
List of Chemical Names and Common Names for Hazardous Wastes and Hazardous
Materials
 
 (a) This subdivision sets forth a list of chemicals which create a presumption that a waste is a hazardous waste. If a waste consists of or contains a chemical listed in this subdivision, the waste is presumed to be a hazardous waste unless it is determined that the waste is not a hazardous waste pursuant to the procedures set forth in section 66262.11. The hazardous characteristics which serve as a basis for listing the chemicals are indicated in the list as follows: (X) toxic, (C) corrosive, (I) ignitable and (R) reactive. A chemical denoted with an asterisk is presumed to be an extremely hazardous waste unless it does not exhibit any of the criteria set forth in section 66261.110 and section 66261.113. Trademark chemical names are indicated by all capital letters.
1.     Acetaldehyde (X,I)
2.     Acetic acid (X,C,I)
3.     Acetone, Propanone (I)
4.     Acetone cyanohydrin (X)
5.     Acetonitrile (X,I)
6.     *2-Acetylaminofluorene, 2-AAF (X)
7.     Acetyl benzoyl peroxide (X,I,R)
8.     *Acetyl chloride (X,C,R)
9.     Acetyl peroxide (X,I,R)
10.    Acridine (X)
11.    *Acrolein, Aqualin (X,I)
12.    *Acrylonitrile (X,I)
13.    *Adiponitrile (X)
14.    *Aldrin; 1,2,3,4,10,10-Hexachloro-1,4,4a,5,8,8a-hexahydro-
       1,4,5,8-endo-exodimethanonaphthalene (X)
15.    *Alkyl aluminum chloride (C,I,R)
16.    *Alkyl aluminum compounds (C,I,R)
17.    Allyl alcohol, 2-Propen-1-ol (X,I)
18.    Allyl bromide, 3-Bromopropene (X,I)
19.    Allyl chloride, 3-Chloropropene (X,I)
20.    Allyl chlorocarbonate, Allyl chloroformate (X,I)
21.    *Allyl trichlorosilane (X,C,I,R)
22.    Aluminum (powder) (I)
23A.   Aluminum chloride (X,C)
23B.   *Aluminum chloride (anhydrous) (X,C,R)
24.    Aluminum fluoride (X,C)
25.    Aluminum nitrate (X,I)
26.    *Aluminum phosphide, PHOSTOXIN (X,I,R)
27.    *4-Aminodiphenyl, 4-ADP (X)
28.    *2-Aminopyridine (X)
29.    *Ammonium arsenate (X)
30.    *Ammonium bifluoride (X,C)
31.    Ammonium chromate (X,I)
32.    Ammonium dichromate, Ammonium bichromate (X,C,I)
33.    Ammonium fluoride (X,C)
34.    Ammonium hydroxide (X,C)
35.    Ammonium molybdate (X)
36.    Ammonium nitrate (I,R)
37.    Ammonium perchlorate (I,R)
38.    Ammonium permanganate (X,I,R)
39.    Ammonium persulfate (I,R)
40.    Ammonium picrate (I,R)
41.    Ammonium sulfide (X,C,I,R)
42.    n-Amyl acetate, 1-Acetoxypentane (and isomers) (X,I)
43.    n-Amylamine, 1-Aminopentane (and isomers) (X,I)
44.    n-Amyl chloride, 1-Chloropentane (and isomers) (X,I)
45.    n-Amylene, 1-Pentene (and isomers) (X,I)
46.    n-Amyl mercaptan, 1-Pentanethiol (and isomers) (X,I)
47.    n-Amyl nitrite, n-Pentyl nitrite (and isomers) (X,I)
48.    *Amyl trichlorosilane (and isomers) (X,C,R)
49.    Aniline, Aminobenzene (X)
50.    Anisoyl chloride (X,C)
51.    Anthracene (X)
52.    Antimony (X)
53.    Antimony compounds (X)
54.    *Antimony pentachloride (X,C,R)
55.    *Antimony pentafluoride (X,C,R)
56.    Antimony pentasulfide (X,I)
57.    Antimony potassium tartrate (X)
58.    Antimony sulfate, Antimony trisulfate (X,I)
59.    Antimony trichloride, Antimony chloride (X,C)
60.    Antimony trifluoride, Antimony fluoride (X,C)
61.    Antimony trioxide, Antimony oxide (X)
62.    Antimony trisulfide, Antimony sulfide (X,I,R)
63.    *Arsenic (X)
64.    *Arsenic acid and salts (X)
65.    *Arsenic compounds (X)
66.    *Arsenic pentaselenide (X)
67.    *Arsenic pentoxide, Arsenic oxide (X)
68.    *Arsenic sulfide, Arsenic disulfide (X)
69.    *Arsenic tribromide, Arsenic bromide (X)
70.    *Arsenic trichloride, Arsenic chloride (X)
71.    *Arsenic triiodide, Arsenic iodide (X)
72.    *Arsenic trioxide, Arsenious oxide (X)
73.    *Arsenious acid and salts (X)
74.    *Arsines (X)
75.    Asbestos (including chrysotile, amosite, crocidolite, tremolite,
       anthophyllite, and actinolite) (X)
76.    *AZODRIN, 3-Hydroxy-N-cis-crotonamide (X)
77.    Barium (X,I)
78.    Barium azide (I,R)
79.    Barium bromide (X)
80.    Barium carbonate (X)
81.    Barium chlorate (X,C,I,R)
82.    Barium chloride (X)
83.    Barium chromate (X)
84.    Barium citrate (X)
85.    Barium compounds (soluble) (X)
86.    *Barium cyanide (X)
87.    Barium fluoride (X)
88.    Barium fluosilicate (X)
89.    Barium hydroxide (X)
90.    Barium iodide (X)
91.    Barium manganate (X)
92.    Barium nitrate (X,I)
93.    Barium oxide, Barium monoxide (X)
94.    Barium perchlorate (X,I,R)
95.    Barium permanganate (X,I,R)
96.    Barium peroxide (X,I,R)
97.    Barium phosphate (X)
98.    Barium stearate (X)
99.    Barium sulfide (X)
100.   Barium sulfite (X)
101.   Benzene (X,I)
102.   *Benzene hexachloride, BHC; 1,2,3,4,5,6-Hexachloro-
       cyclohexane (X)
103.   *Benzenephosphorous dichloride (I,R)
104.   Benzenesulfonic acid (X)
105.   *Benzidine and salts (X)
106.   *Benzotrifluoride, Trifluoromethylbenzene (X,I)
107.   *Benzoyl chloride (X,C,R)
108.   Benzoyl peroxide, Dibenzoyl peroxide (X,I,R)
109.   Benzyl bromide, alpha-Bromotoluene (X,C)
110.   Benzyl chloride, alpha-Chlorotoluene (X)
111.   *Benzyl chlorocarbonate, Benzyl chloroformate (X,C,R)
112.   *Beryllium (X,I)
113.   *Beryllium chloride (X)
114.   *Beryllium compounds (X)
115.   *Beryllium copper (X)
116.   *Beryllium fluoride (X)
117.   *Beryllium hydride (X,C,I,R)
118.   *Beryllium hydroxide (X)
119.   *Beryllium oxide (X)
120.   *BIDRIN, Dicrotophos, 3-(Dimethylamino)-1-
       methyl-3-oxo-1-propenyldimethyl phosphate (X)
121.   *bis (Chloromethyl) ether, Dichloromethylether, BCME (X)
122.   Bismuth (X,I)
123.   *bis (Methylmercuric) sulfate, CEREWET, Ceresan liquid (X)
124.   Bismuth chromate (X)
125.   *BOMYL, Dimethyl 3-hydroxyglutaconate dimethyl
       phosphate (X)
126.   *Boranes (X,I,R)
127.   *Bordeaux arsenites (X)
128.   *Boron trichloride, Trichloroborane (X,C,R)
129.   *Boron trifluoride (X,C,R)
130.   Bromic acid (X)
131.   *Bromine (X,C,I)
132.   *Bromine pentafluoride (X,C,I,R)
133.   *Bromine trifluoride (X,C,I,R)
134.   *Brucine, Dimethoxystrychnine (X)
135.   1,2,4-Butanetriol trinitrate (R)
136.   n-Butyl acetate, 1-Acetoxybutane (and isomers) (X)
137.   n-Butyl alcohol, 1-Butanol (and isomers) (X)
138.   n-Butyl amine, 1-Aminobutane (and isomers) (X)
139.   n-Butyl formate (and isomers) (X)
140.   tert-Butyl hydroperoxide (and isomers) (X,I)
141.   *n-Butyllithium (and isomers) (X,C,I,R)
142.   n-Butyl mercaptan, 1-Butanethiol (and isomers) (X,I)
143.   tert-Butyl peroxyacetate, tert-Butyl peracetate (I,R)
144.   tert-Butyl peroxybenzoate, tert-Butyl perbenzoate (I,R)
145.   tert-Butyl peroxypivalate (I,R)
146.   *n-Butyltrichlorosilane (C,I,R)
147.   para-tert-Butyl toluene (X)
148.   n-Butyraldehyde, n-Butanal (and isomers) (X,I)
149.   *Cacodylic acid, Dimethylarsinic acid (X)
150.   *Cadmium (powder) (X,I)
151.   Cadmium chloride (X)
152.   *Cadmium compounds (X)
153.   *Cadmium cyanide (X)
154.   Cadmium fluoride (X)
155.   Cadmium nitrate (X,I,R)
156.   Cadmium oxide (X)
157.   Cadmium phosphate (X)
158.   Cadmium sulfate (X)
159.   *Calcium (I,R)
160.   *Calcium arsenate, PENSAL (X)
161.   *Calcium arsenite (X)
162.   *Calcium carbide (C,I,R)
163.   Calcium chlorate (I,R)
164.   Calcium chlorite (I)
165.   Calcium fluoride (X)
166.   *Calcium hydride (C,I,R)
167.   Calcium hydroxide, Hydrated lime (C)
168.   *Calcium hypochlorite, Calcium oxychloride (dry) (X,C,I,R)
169.   Calcium molybdate (X)
170.   Calcium nitrate, Lime nitrate, Nitrocalcite (I,R)
171.   Calcium oxide, Lime (C)
172.   Calcium permanganate (X,I)
173.   Calcium peroxide, Calcium dioxide (C,I)
174.   *Calcium phosphide (X,I,R)
175.   Calcium resinate (I)
176.   Caprylyl peroxide, Octyl peroxide (I)
177.   *Carbanolate, BANOL, 2-Chloro-4,5-dimethylphenyl
       methylcarbamate (X)
178.   Carbon disulfide, Carbon bisulfide (X,I)
179.   Carbon tetrachloride, Tetrachloromethane (X)
180.   *Carbophenothion, TRITHION, S[[(4-Chlorophenyl)
       thio]methyl] 0,0-diethyl phosphorodithioate (X)
181.   Chloral hydrate, Trichloroacetaldehyde (hydrated) (X)
182.   *Chlordane; 1,2,4,5,6,7,8,8-Octachloro-4,7-methano-
       3a,4,7,7a-tetra- hydro- indane; (X)
183.   *Chlorfenvinphos, Compound 4072, 2-Chloro-1-(2,4-
       dichlorophenyl) vinyl diethyl phosphate (X)
184.   *Chlorine (X,C,I,R)
185.   *Chlorine dioxide (X,C,I,R)
186.   *Chlorine pentafluoride (X,C,I,R)
187.   *Chlorine trifluoride (X,C,I,R)
188.   *Chloroacetaldehyde (X,C)
189.   *alpha-Chloroacetophenone, Phenyl chloromethyl ketone (X)
190.   *Chloroacetyl chloride (X,C,R)
191.   Chlorobenzene (X,I)
192.   para-Chlorobenzoyl peroxide (I,R)
193.   *ortho-Chlorobenzylidene malonitrile, OCMB (X)
194.   Chloroform, Trichloromethane (X)
195.   *Chloropicrin, Chlorpicrin, Trichloronitromethane (X)
196.   *Chlorosulfonic acid (X,C,I,R)
197.   Chloro-ortho-toluidine, 2-Amino-4-chlorotoluene (X)
198.   Chromic acid, Chromium trioxide, Chromic anhydride (X,C,I)
199.   Chromic chloride, Chromium trichloride (X)
200.   Chromic fluoride, Chromium trifluoride (X)
201.   Chromic hydroxide, Chromium hydroxide (X)
202.   Chromic oxide, Chromium oxide (X)
203.   Chromic sulfate, Chromium sulfate (X)
204.   Chromium compounds (X,C,I)
205.   *Chromyl chloride, Chlorochromic anhydride (X,C,I,R)
206.   Cobalt (powder) (X,I)
207.   Cobalt compounds (X)
208.   Cobaltous bromide, Cobalt bromide (X)
209.   Cobaltous chloride, Cobalt chloride (X)
210.   Cobaltous nitrate, Cobalt nitrate (X,I)
211.   Cobaltous resinate, Cobalt resinate (X,I)
212.   Cobaltous sulfate, Cobalt sulfate (X)
213.   Cocculus, Fishberry, Picrotoxin (X)
215.   *Copper acetoarsenite, Paris green (X)
216.   Copper acetylide (I,R)
217.   *Copper arsenate, Cupric arsenate (X)
218.   *Copper arsenite, Cupric arsenite (X)
219.   Copper chloride, Cupric chloride (X)
220.   Copper chlorotetrazole (I,R)
221.   Copper compounds (X)
222.   *Copper cyanide, Cupric cyanide (X)
223.   Copper nitrate, Cupric nitrate (X,I,R)
224.   Copper sulfate, Cupric sulfate, Blue vitriol (X)
225.   *Coroxon; ortho,ortho-Diethyl-ortho-(3-chloro-4-
       methylcoumarin-7-yl) phosphate (X)
226.   *Coumafuryl, FUMARIN, 3-[1-(2-Furanyl)-3-oxobutyl]
       1-4-hydroxy-2H-1-benzopyran-2-one (X)
227.   *Coumatetralyl, BAYER 25634, RACUMIN 57,
       4-Hydroxy-3-(1,2,3,4-tetrahydro-1-naphthalenyl)-
       2H-1-benzopyran-2-one (X)
228.   *Crimidine, CASTRIX, 2-Chloro-4-dimethylamino-6-
       methyl-pyrimidine (X)
229.   *Crotonaldehyde, 2-Butenal (X)
230.   Cumene, Isopropyl benzene (X,I)
231.   Cumene hydroperoxide; alpha,alpha-Dimethylbenzyl
       hydro-peroxide (X,I)
232.   Cupriethylene diamine (X)
233.   *Cyanide salts (X)
234.   Cyanoacetic acid, Malonic nitrile (X)
235.   *Cyanogen (X,I,R)
236.   Cyanogen bromide, Bromine cyanide (X)
237.   Cyanuric triazide (I,R)
238.   Cycloheptane (X,I)
239.   Cyclohexane (X,I)
240.   Cyclohexanone peroxide (I)
241.   *Cyclohexenyltrichlorosilane (X,C,R)
242.   *Cycloheximide, ACTIDIONE (X)
243.   *Cyclohexyltrichlorosilane (X,C,R)
244.   Cyclopentane (X,I)
245.   Cyclopentanol (I)
246.   Cyclopentene (X,I)
247.   DDT; 1,1,1-Trichloro-2,2-bis(chlorophenyl) ethane (X)
248.   *DDVP, Dichlorvos, VAPONA, Dimethyl dichlorovinyl
       phosphate (X)
249.   *Decaborane (X,I,R)
250.   DECALIN, Decahydronaphthalene (X)
251.   *Demeton, SYSTOX (X)
252.   *Demeton-S-methyl sulfone,
       METAISOSYSTOX-SULFON, S-[2-(ethyl-sulfonyl)
       ethyl] O,O-dimethyl phosphorothioate (X)
253.   Diazodinitrophenol, DDNP, 2-Diazo-4,6-dinitrobenzene-1-
       oxide (I,R)
254.   *Diborane, Diboron hexahydride (I,R)
255.   *1,2-Dibromo-3-chloropropane, DBCP, Fumazone,
       nemagon (X)
256.   n-Dibutyl ether, Butyl ether (and isomers) (X,I)
257.   Dichlorobenzene (ortho, meta, para) (X)
258.   *3,3-Dichlorobenzidine and salts, DCB (X)
259.   1,2-Dichloroethylene; 1,2-Dichloroethene (X,I)
260.   Dichloroethyl ether, Dichloroether (X,I)
261.   Dichloroisocyanuric acid, Dichloro-S-triazine-2,4,6-tri-
       one (X,I)
262.   Dichloromethane, Methylene chloride (X)
263.   *2,4-Dichlorophenoxyacetic acid; 2,4-D (X)
264.   1,2-Dichloropropane, Propylene dichloride (X,I)
265.   1,3-Dichloropropylene; 1,3-Dichloropropene (X,I)
266.   Dicumyl peroxide (I,X)
267.   *Dieldrin; 1,2,3,4,10,10-Hexachloro-6,7-epoxy-1,4,4a,5,6,7,
       8,8a-octahydro-1,4-endo, exo-5,8-dimethanonaphthalene
       (X)
268.   *Diethylaluminum chloride, Aluminum diethyl monochloride,
       DEAC (I,R)
269.   Diethylamine (X,I)
270.   *Diethyl chlorovinyl phosphate, Compound 1836 (X)
271.   *Diethyldichlorosilane (X,C,I,R)
272.   Diethylene glycol dinitrate (I,R)
273.   Diethylene triamine (X)
274.   *O,O-Diethyl-S-(isopropylthiomethyl) phosphorodithioate
       (X)
275.   *Diethylzinc, Zinc ethyl (C,I,R)
276.   *Difluorophosphoric acid (X,C,R)
277.   *Diglycidyl ether, bis(2,3-Epoxypropyl) ether (X)
278.   Diisopropylbenzene hydroperoxide (X,I)
279.   Diisopropyl peroxydicarbonate, Isopropyl percarbonate
       (X,C,I,R)
280.   *Dimefox, Hanane, Pextox 14, Tetramethylphosphorodiamidic
       fluoride (X)
281.   Dimethylamine, DMA (X,I)
282.   *Dimethylaminoazobenzene, Methyl yellow (X)
283.   *Dimethyldichlorosilane, Dichlorodimethylsilane (X,C,I,R)
284.   2,5-Dimethylhexane-2,5-Dihydroperoxide (I)
285.   *1,1-Dimethylhydrazine, UDMH (X,I)
286.   *Dimethyl sulfate, Methyl sulfate (X)
287.   *Dimethyl sulfide, Methyl sulfide (X,I,R)
288.   2,4-Dinitroaniline (X)
289.   *Dinitrobenzene (ortho, meta, para) (I,R)
290.   Dinitrochlorobenzene, 1-Chloro-2,4-dinitrobenzene (I,R)
291.   *4,6-Dinitro-ortho-cresol, DNPC, SINOX, E
292.   *Dinitrophenol(2,3-;2,4-;2,6-isomers) (I,R)
293.   2,4-Dinitrophenylhydrazine (X,I,R)
294.   Dinitrotoluene (2,4-;3,4-;3,5-isomers) (X,I,R)
295.   *DINOSEB; 2,4-Dinitro-6-sec-butylphenol (X)
296.   1,4-Dioxane; 1,4-Diethylene dioxide (X,I,R)
297.   *Dioxathion, DELNAV; S,S-1,4-dioxane-2,3-diyl bis(O,O-
       diethyl phosphorodithioate) (X)
298.   Dipentaerythritol hexanitrate (R)
299.   *Diphenyl, Biphenyl, Phenylbenzene (X)
300.   Diphenylamine, DPA, N-Phenylaniline (X)
301.   *Diphenylamine chloroarsine, Phenarsazine chloride (X)
302.   *Diphenyldichlorosilane (X,C,R)
303.   Dipicrylamine, Hexanitrodiphenyl amine (I,R)
304.   Dipropyl ether (X,I)
305.   *Disulfoton, DI-SYSTON; O,O-Diethyl S-[2-(ethylthio)
       ethyl] phosphorodithioate (X)
306.   *Dodecyltrichlorosilane (X,C,R)
307.   *DOWCO-139, ZECTRAM, Mexacarbate,
       4-(Dimethylamino)-3,5-dimethylphenyl methylcarbamate
       (X)
309.   *DYFONATE, Fonofos, O-Ethyl-S-phenylethyl
       phosphonodithioate (X)
310.   *Endosulfan, THIODAN; 6,7,8,9,10,10-Hexachlor-1,5,5a,6,9,
       9a-hexa-hydro-6,9-methano-2,4,3-benzo-dioxathiepin-
       3-oxide (X)
311.   *Endothal, 7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid
       (X)
312.   *Endothion, EXOTHION,
       S-[(5-Methoxy-4-oxo-4H-pyran-2-yl)-
       methyl] O,O-dimethyl phosphorothioate (X)
313.   *Endrin; 1,2,3,4,10,10-Hexachloro-6,7-epoxy-1,4,4,4a,5,6,7,
       8,8a-octahydro-1,4-endo-endo-5,8-dimethanonaph-
       thalene (X)
314.   Epichlorohydrin, Chloropropylene oxide (X,I)
315.   *EPN; O-Ethyl O-para-nitrophenyl phenylphosphonothioate
       (X)
316.   *Ethion, NIALATE; O,O,O',O'-Tetraethyl-S,S-
       methylenediphos-phorodithioate (X)
317.   Ethyl acetate (X,I)
318.   Ethyl alcohol, Ethanol (X,I)
319.   Ethylamine, Aminoethane (X,I)
320.   Ethylbenzene, Phenylethane (X,I)
321.   Ethyl butyrate, Ethyl butanoate (I)
322.   Ethyl chloride, Chloroethane (X,I)
323.   *Ethyl chloroformate, Ethyl chlorocarbonate (X,C,I,R)
324.   *Ethyldichloroarsine, Dichloroethylarsine (I,R)
325.   *Ethyldichlorosilane (X,C,I,R)
326.   *Ethylene cyanohydrin, beta-Hydroxypropionitrile (I,R)
327.   Ethylene diamine (X)
328.   Ethylene dibromide; 1,2-Dibromoethane (X)
329.   Ethylene dichloride; 1,2-Dichloroethane (X,I)
330.   *Ethyleneimine, Aziridine, EI (X,I,R)
331.   Ethylene oxide, Epoxyethane (X,I,R)
332.   Ethyl ether, Diethyl ether (I,R)
333.   Ethyl formate (X,I)
334.   *Ethyl mercaptan, Ethanethiol (X,I,R)
335.   Ethyl nitrate (I,R)
336.   Ethyl nitrite (I,R)
337.   *Ethylphenyldichlorosilane (X,C,R)
338.   Ethyl propionate (I)
339.   *Ethyltrichlorosilane (I,R)
340.   *Fensulfothion, BAYER 25141, DASANIT,
       O,O-Diethyl-0-[4-(methyl -sulfinyl)phenyl]
       phosphorothioate (X)
341.   *Ferric arsenate (X)
342.   Ferric chloride, Iron (III) chloride (X,C)
343.   *Ferrous arsenate, Iron arsenate (X)
344.   *Fluoboric acid, Fluoroboric acid (X,C)
345.   Fluoride salts (X)
346.   *Fluorine (X,C,R)
347.   *Fluoroacetanilide, AFL 1082 (X)
348.   *Fluoroacetic acid and salts, Compound 1080 (X)
349.   *Fluorosulfonic acid, Fluosulfonic acid (X,C,R)
350.   Formaldehyde, Methanal (X,I)
351.   Formic acid, Methanoic acid (X,C)
352.   Fulminate of mercury, Mercuric cyanate (I,R)
353.   *FURADAN, NIA 10,242, Carbofuran; 2,3-Dihydro-2,2-
       dimethyl-7-benzofuranylmethylcarbamate (X)
354.   Furan, Furfuran (X,I,R)
355.   Gasoline (I)
356.   *GB, O-Isopropyl methyl phosphoryl fluoride (X)
357.   Glutaraldehyde (X)
358.   Glycerolmonolactate trinitrate (R)
359.   Glycol dinitrate, Ethylene glycol dinitrate (R)
360.   Gold fulminate, Gold cyanate (R)
361.   Guanidine nitrate (I,R)
362.   Guanyl nitrosaminoguanylidene hydrazine (R)
363.   *Guthion; O,O-Dimethyl-S-4-oxo-1,2,3-
       benzotriazin-3(4H)-ylmethyl phosphorodithioate (X)
364.   Hafnium (I,X,R)
365.   *Heptachlor; 1,4,5,6,7,8,8-Heptachloro-3a,4,7,7a-tetra-
       hydro-4,7-methanoindene (X)
366.   n-Heptane (and isomers) (X,I)
367.   1-Heptene (and isomers) (X,I)
368.   *Hexadecyltrichlorosilane (X,C,R)
369.   Hexaethyl tetraphosphate, HETP (X)
370.   Hexafluorophosphoric acid (X,C)
371.   Hexamethylenediamine; 1,6-Diaminohexane (X)
372.   n-Hexane (and isomers) (X,I)
373.   1-Hexene (and isomers) (X,I)
374.   n-Hexylamine, 1-Aminohexane (and isomers) (X,I)
375.   *Hexyltrichlorosilane (X,C,R)
376.   *Hydrazine, Diamine (X,I)
377.   Hydrazine azide (I,R)
378.   Hydrazoic acid, Hydrogen azide (I,R)
379.   *Hydriodic acid, Hydrogen iodide (X,C,R)
380.   *Hydrobromic acid, Hydrogen bromide (X,C,R)
381.   *Hydrochloric acid, Hydrogen chloride, Muriatic Acid (X,C,R)
382.   *Hydrocyanic acid, Hydrogen cyanide (X,I,R)
383.   *Hydrofluoric acid, Hydrogen fluoride (X,C,R)
384.   Hydrofluosilicic acid, Fluosilicic acid (X,C)
385.   Hydrogen peroxide (X,C,I,R)
386.   *Hydrogen selenide (X,I)
387.   *Hydrogen sulfide (X,I)
388.   *Hypochlorite compounds (X,C,I,R)
389.   Indium (X)
390.   Indium compounds (X)
391.   Iodine monochloride (X,C,R)
392.   Isooctane; 2,2,4-Trimethylpentane (X,I)
393.   Isooctene (mixture of isomers) (I)
394.   Isopentane, 2-Methylbutane (I)
395.   Isoprene, 2-Methyl-1,3-butadiene (X,I,R)
396.   Isopropanol, Isopropyl alcohol, 2-Propanol (X,I)
397.   Isopropyl acetate (X,I)
399.   Isopropylamine, 2-Aminopropane (X,I)
400.   Isopropyl chloride, 2-Chloropropane (I)
401.   Isopropyl ether, Diisopropyl ether (I,R)
402.   Isopropyl mercaptan, 2-Propanethiol (X,I)
404.   *meta-Isopropylphenyl-N-methylcarbamate, Ac 5,727 (X)
405A.  *Kepone; 1,1a,3,3a,4,5,5,5a,5b,6-Decachloro-
       octahydro-1,2,4-metheno-2H-cyclobuta (cd)
       pentalen-2-one, Chlorecone (X)
405B.  Lauroyl peroxide, Di-n-dodecyl peroxide (X,C,I,R)
406.   Lead compounds (X)
407.   Lead acetate (X)
408.   *Lead arsenate, Lead orthoarsenate (X)
409.   *Lead arsenite (X)
410.   Lead azide (I,R)
411.   Lead carbonate (X)
412.   Lead chlorite (I,R)
413.   *Lead cyanide (X)
414.   Lead 2,4-dinitroresorcinate (I,R)
415.   Lead mononitroresorcinate (I,R)
416.   Lead nitrate (X,I)
417.   Lead oxide (X)
418.   Lead styphnate, Lead trinitroresorcinate (I,R)
419.   *Lewisite, beta-Chlorovinyldichloroarsine (X)
420.   *Lithium (C,I,R)
421.   *Lithium aluminum hydride, LAH (C,I,R)
422.   *Lithium amide (C,I,R)
423.   *Lithium ferrosilicon (I,R)
424.   *Lithium hydride (C,I,R)
425.   *Lithium hypochlorite (X,C,I,R)
426.   Lithium peroxide (C,I,R)
427.   Lithium silicon (I,R)
428.   *London purple, Mixture of arsenic trioxide, aniline, lime,
       and ferrous oxide (X)
429.   *Magnesium (I,R)
430.   *Magnesium arsenate (X)
431.   *Magnesium arsenite (X)
432.   Magnesium chlorate (I,R)
433.   Magnesium nitrate (I,R)
434.   Magnesium perchlorate (X,I,R)
435.   Magnesium peroxide, Magnesium dioxide (I)
436.   *Maleic anhydride (X)
437.   Manganese (powder) (I)
438.   Manganese acetate (X)
439.   *Manganese arsenate, Manganous arsenate (X)
440.   Manganese bromide, Manganous bromide (X)
441.   Manganese chloride, Manganous chloride (X)
442.   Manganese methylcyclopentadienyl tricarbonyl (X)
443.   Manganese nitrate, Manganous nitrate (X,I)
444.   Mannitol hexanitrate, Nitromannite (R)
445.   *MECARBAM; O,O-Diethyl S-(N-ethoxycarbonyl
       N-methylcarba-moyl-methyl) phosphorodithioate (X)
446.   *Medinoterb acetate, 2-tert-Butyl-5-methyl-4,6-dinitro-
       phenyl acetate (X)
447.   para-Menthane hydroperoxide, Paramenthane hydroperoxide
       (I)
448.   Mercuric acetate, Mercury acetate (X)
449.   Mercuric ammonium chloride, Mercury ammonium chloride
       (X)
450.   Mercuric benzoate, Mercury benzoate (X)
451.   Mercuric bromide, Mercury bromide (X)
452.   *Mercuric chloride, Mercury chloride (X)
453.   *Mercuric cyanide, Mercury cyanide (X)
454.   Mercuric iodide, Mercury iodide (X)
455.   Mercuric nitrate, Mercury nitrate (X,I)
456.   Mercuric oleate, Mercury oleate (X)
457.   Mercuric oxide (red and yellow) (X,I)
458.   Mercuric oxycyanide (I,R)
459.   Mercuric-potassium iodide, Mayer's reagent (X)
460.   Mercuric salicylate, Salicylated mercury (X)
461.   Mercuric subsulfate, Mercuric dioxysulfate (X)
462.   Mercuric sulfate, Mercury sulfate (X)
463.   Mercuric thiocyanide, Mercury thiocyanate (X)
464.   Mercurol, Mercury nucleate (X)
465.   Mercurous bromide (X)
466.   Mercurous gluconate (X)
467.   Mercurous iodide (X)
468.   Mercurous nitrate (I,R)
469.   Mercurous oxide (X)
470.   Mercurous sulfate, Mercury bisulfate (X)
472.   *Mercury (X)
473.   *Mercury compounds (X)
474.   Metal carbonyls (X)
475.   *Metal hydrides (I,R)
476.   Metal powders (X,I)
477A.  *Methomyl, LANNATE, S-Methyl-N-((methyl-carbamoyl)
       oxy) thioacetimidate (X)
477B.  *Methoxychlor; 1,1,1-Trichloro-2, -bis(p-methoxyphenyl)
       ethane, CHEMFLORM, MARLATE (X)
478.   *Methoxyethylmercuric chloride, AGALLOL, ARETAN (X)
479.   Methyl acetate (X,I)
480.   Methyl acetone (Mixture of acetone, methyl acetate, and
       methyl alcohol) (X,I)
481.   Methyl alcohol, Methanol (X,I)
482.   *Methylaluminum sesquibromide (I,R)
483.   *Methylaluminum sesquichloride (I,R)
484.   Methylamine, Aminomethane (X,I)
485.   n-Methylaniline (X)
486.   *Methyl bromide, Bromomethane (X)
487.   2-Methyl-1-butene (I)
488.   3-Methyl-1-butene (I)
489.   Methyl butyl ether (and isomers) (X,I)
490.   Methyl butyrate (and isomers) (X,I)
491.   Methyl chloride, Chloromethane (X,I)
492.   *Methyl chloroformate, Methyl chlorocarbonate (X,I,R)
493.   *Methyl chloromethyl ether, CMME (X,I)
494.   Methylcyclohexane (X,I)
495.   *Methyldichloroarsine (X)
496.   *Methyldichlorosilane (X,I,R)
497.   *4,4-Methylene bis(2-chloroaniline), MOCA (X)
498.   Methyl ethyl ether (X,I)
499.   Methyl ethyl ketone, 2-Butanone (X,I)
500.   Methyl ethyl ketone peroxide (X,I)
501.   Methyl formate (X,I)
502.   *Methyl hydrazine, Monomethyl hydrazine, MMH (X,I)
503.   *Methyl isocyanate (X,I)
504.   Methyl isopropenyl ketone, 3-Methyl-3-butene-2-one (X,I)
505.   *Methylmagnesium bromide (C,I,R)
506.   *Methylmagnesium chloride (C,I,R)
507.   *Methylmagnesium iodide (C,I,R)
508.   Methyl mercaptan, Methanethiol (X,I)
509.   Methyl methacrylate (monomer) (X,I)
510.   *Methyl parathion; O,O-Dimethyl-O-para-nitrophenyl-
       phosphorothioate (X)
511.   Methyl propionate (I)
512.   *Methyltrichlorosilane (X,C,I,R)
513.   Methyl valerate, Methyl pentanoate (and isomers) (I)
514.   Methyl vinyl ketone, 3-Butene-2-one (X,I)
515A.  *Mevinphos, PHOSDRIN, 2-Carbomethoxy-1-methylvinyl
       dimethylphosphate (X)
515B.  *Mirex; 1,1a,2,2,3,3a,4,5,5,5a,5b,6-Dodecachlorooctahydro-
       1,3,4-metheno-1H-cyclobuta (cd) pentalene,
       Dechlorane (X)
516.   *MOCAP, O-Ethyl-S,S-dipropyl phosphorodithioate (X)
517.   Molybdenum (powder) (I)
518.   Molybdenum trioxide, Molybdenum anhydride (X)
519.   Molybdic acid and salts (X)
520.   Monochloroacetic acid, Chloracetic acid, MCA (X,C)
521.   Monochloroacetone, Chloroacetone, 1-Chloro-2-propanone
       (X)
522.   Monofluorophosphoric acid (X,C)
523.   Naphtha (of petroleum or coal tar origin), Petroleum ether,
       Petroleum naphtha (X,I)
524.   Naphthalene (X)
525.   *alpha-Naphthylamine, 1-NA (X)
526.   *beta-Naphthylamine, 2-NA (X)
527.   Neohexane; 2,2-Dimethylbutane (X,I)
528.   Nickel (powder) (X,I)
529.   Nickel acetate (X)
530.   Nickel antimonide (X)
531.   *Nickel arsenate, Nickelous arsenate (X)
532.   *Nickel carbonyl, Nickel tetracarbonyl (X)
533.   Nickel chloride, Nickelous chloride (X)
534.   *Nickel cyanide (X)
535.   Nickel nitrate, Nickelous nitrate (X,I,R)
536.   Nickel selenide (X)
537.   Nickel sulfate (X)
538.   Nicotine, beta-pyridyl-alpha-N-methyl pyrrolidine (X)
539.   Nicotine salts (X)
540.   Nitric acid (X,C,I)
541.   Nitroaniline, Nitraniline (ortho, meta, para) (I,R)
542.   *Nitrobenzol, Nitrobenzene (X)
543.   *4-Nitrobiphenyl, 4-NBP (X)
544.   Nitro carbo nitrate (I,R)
545.   Nitrocellulose, Cellulose nitrate, Guncotton, Pyroxylin,
       Collodion, Pyroxylin (nitrocellulose) in ether and alcohol
       (I,R)
546.   Nitrochlorobenzene, Chloronitrobenzene (ortho,meta,para)
       (X)
547.   Nitrogen mustard (X,C)
548.   Nitrogen tetroxide, Nitrogen dioxide (X,I)
549.   Nitroglycerin, Trinitroglycerin (X,I,R)
550.   Nitrohydrochloric acid, Aqua regia (X,C,I)
551.   *Nitrophenol (ortho, meta, para) (X)
552.   *N-Nitrosodimethylamine, Dimethyl nitrosoamine (X)
553.   Nitrosoguanidine (R)
554.   Nitrostarch, Starch nitrate (I,R)
555.   Nitroxylol, Nitroxylene, Dimethylnitrobenzene
       (2,4-;3,4-; 2,5-isomers) (X)
556.   1-Nonene, 1-Nonylene (and isomers) (X,I)
557.   *Nonyltrichlorosilane (I,R)
558.   *Octadecyltrichlorosilane (I,R)
559.   n-Octane (and isomers) (X,I)
560.   1-Octene, 1-Caprylene (X,I)
561.   *Octyltrichlorosilane (I,R)
563.   *Oleum, Fuming sulfuric acid (X,C,R)
565.   Osmium compounds (X)
566.   Oxalic acid (X)
567.   *Oxygen difluoride (X,C,R)
568.   *Para-oxon, MINTACOL; O,O-Diethyl-O-para-nitrophenyl
       phosphate (X)
569.   *Parathion; O,O-Diethyl-O-para-nitrophenyl
       phosphorothioate (X)
570A.  *Pentaborane (X,I,R)
570B.  Pentachlorophenol, PCP, DOWICIDE 7 (X)
571.   Pentaerythrite tetranitrate, Pentaerythritol tetranitrate (R)
572.   n-Pentane (and isomers) (X,I)
573.   2-Pentanone, Methyl propyl ketone (and isomers) (X,I)
574.   Peracetic acid, Peroxyacetic acid (X,C,I,R)
575.   Perchloric acid (X,C,I,R)
576.   Perchloroethylene, Tetrachloroethylene (X)
577.   *Perchloromethyl mercaptan, Trichloromethylsulfenyl
       chloride (X)
578.   Perchloryl fluoride (X,C,I)
580.   Phenol, Carbolic acid (X,C)
581.   *Phenyldichloroarsine (X)
582.   Phenylenediamine, Diaminobenzene (ortho,meta,para) (X)
583.   Phenylhydrazine hydrochloride (X)
584.   *Phenylphenol, Orthozenol, DOWICIDE I (X)
585.   *Phenyltrichorosilane (I,R)
586.   *Phorate, THIMET; O,O-Diethyl-S-[(Ethylthio)methyl]
       phosphorodithioate (X)
587.   *Phosfolan, CYOLAN, 2-(Diethoxyphosphinylimino)-1,3-
       dithio-lane (X)
588.   *Phosgene, Carbonyl chloride (I,R)
589.   *Phosphamidon, DIMECRON, 2-Chloro-2-diethyl-
       carbamoyl-1-methylvinyl dimethyl phosphate (X)
590.   *Phosphine, Hydrogen phosphide (X,I)
591.   Phosphoric acid (C)
592.   Phosphoric anhydride, Phosphorus pentoxide (C,I)
593.   Phosphorus (amorphous, red) (X,I,R)
594.   *Phosphorus (white or yellow) (X,I,R)
595.   *Phosphorus oxybromide, Phosphoryl bromide (X,C,R)
596.   *Phosphorus oxychloride, Phosphoryl chloride (X,C,R)
597.   *Phosphorus pentachloride, Phosphoric chloride (X,C,I,R)
598.   *Phosphorus pentasulfide, Phosphoric sulfide (X,C,I,R)
599.   *Phosphorus sesquisulfide, tetraphosphorus trisulfide
       (X,C,I,R)
600.   *Phosphorus tribromide (X,C,R)
601.   *Phosphorus trichloride (X,C,R)
602.   Picramide, Trinitroaniline (I,R)
603.   Picric acid, Trinitrophenol (I,R)
604.   Picryl chloride, 2-Chloro-1,3,5-trinitrobenzene (I,R)
605.   *Platinum compounds (X)
606.   *Polychlorinated biphenyls, PCB, Askarel, aroclor,
       chlorextol, inerteen, pyranol (X)
607.   Polyvinyl nitrate (I,R)
608.   Potasan; O,O-Diethyl-0-(4-methylumbelliferone)
       phosphoro-thioate (X)
609.   *Potassium (C,I,R)
610.   *Potassium arsenate (X)
611.   *Potassium arsenite (X)
612.   *Potassium bifluoride, Potassium acid fluoride (X,C)
613.   Potassium binoxalate, Potassium acid oxalate (X)
614.   Potassium bromate (X,I)
615.   *Potassium cyanide (X)
616.   Potassium dichloroisocyanurate (X,I)
617.   Potassium dichromate, Potassium bichromate (X,C,I)
619.   Potassium fluoride (X)
620.   *Potassium hydride (C,I,R)
621.   Potassium hydroxide, Caustic potash (X,C)
622.   Potassium nitrate, Saltpeter (I,R)
623.   Potassium nitrite (I,R)
624.   Potassium oxalate (X)
625.   Potassium perchlorate (X,I,R)
626.   Potassium permanganate (X,C,I)
627.   Potassium peroxide (C,I,R)
628.   Potassium sulfide (X,I)
629.   *Propargyl bromide, 3-Bromo-1-propyne (X,I)
630.   *beta-Propiolactone, BPL (X)
631.   Propionaldehyde, Propanal (X,I)
632.   Propionic acid, Propanoic acid (X,C,I)
633.   n-Propyl acetate (X,I)
634.   n-Propyl alcohol, 1-Propanol (X,I)
635.   n-Propylamine (and isomers) (X,I)
636.   *Propyleneimine, 2-Methylaziridine (X,I)
637.   Propylene oxide (X,I)
638.   n-Propyl formate (X,I)
639.   n-Propyl mercaptan, 1-Propanethiol (X,I)
640.   *n-Propyltrichlorosilane (X,C,I,R)
641.   *Prothoate, FOSTION, FAC; O,O-Diethyl-S-carboethoxy-
       ethyl phosphorodithioate (X)
642.   Pyridine (X,I)
643.   *Pyrosulfuryl chloride, Disulfuryl chloride (X,C,R)
644.   *Quinone; 1,4-Benzoquinone (X)
645.   Raney nickel (I)
646.   *Schradan, Octamethyl pyrophosphoramide, OMPA (X)
647A.  *Selenium (X)
647B.  *Selenium compounds (X)
648.   *Selenium fluoride (X)
649.   *Selenous acid, Selenious acid and salts (X)
650.   *Silicon tetrachloride, Silicon chloride (X,C,R)
651.   *Silver acetylide (I,R)
652.   Silver azide (I,R)
653.   Silver compounds (X)
654.   Silver nitrate (X)
655.   Silver styphnate, Silver trinitroresorcinate (I,R)
656.   Silver tetrazene (I,R)
657.   *Sodium (C,I,R)
658.   Sodium aluminate (C)
659.   *Sodium aluminum hydride (C,I,R)
660.   *Sodium amide, Sodamide (C,I,R)
661.   *Sodium arsenate (X)
662.   *Sodium arsenite (X)
663.   Sodium azide (I,R)
664.   *Sodium bifluoride, Sodium acid fluoride (X,C)
665.   Sodium bromate (X,I)
666.   *Sodium cacodylate, Sodium dimethylarsenate (X)
667.   Sodium carbonate peroxide (I)
668.   Sodium chlorate (X,I)
669.   Sodium chlorite (X,I)
670.   Sodium chromate (X,C)
671.   *Sodium cyanide (X)
672.   Sodium dichloroisocyanurate (I)
673.   Sodium dichromate, Sodium bichromate (X,C,I)
674.   Sodium fluoride (X)
675.   *Sodium hydride (X,C,I,R)
676.   Sodium hydrosulfite, Sodium hyposulfite (I)
677.   Sodium hydroxide, Caustic soda, Lye (X,C)
678.   *Sodium hypochlorite (X,I,R)
679.   *Sodium methylate, Sodium methoxide (C,I,R)
680.   Sodium molybdate (X)
681.   Sodium nitrate, Soda niter (X,I,R)
682.   Sodium nitrite (X,I,R)
683.   Sodium oxide, Sodium monoxide (X,C)
684.   Sodium perchlorate (X,I,R)
685.   Sodium permanganate (X,I)
686.   *Sodium peroxide (X,I,R)
687.   Sodium picramate (X,I,R)
688.   *Sodium potassium alloy, NaK, Nack (C,I,R)
689.   *Sodium selenate (X)
690.   Sodium sulfide, Sodium hydrosulfide (X,I)
691.   Sodium thiocyanate, Sodium sulfocyanate (X)
692.   Stannic chloride, Tin tetrachloride (X,C)
693.   *Strontium arsenate (X)
694.   Strontium nitrate (X,I,R)
695.   Strontium peroxide, Strontium dioxide (I,R)
696.   *Strychnine and salts (X)
697.   Styrene, Vinylbenzene (X,I)
698.   Succinic acid peroxide (X,I)
699.   Sulfide salts (soluble) (X)
700.   *Sulfotepp, DITHIONE, BLACAFUM, Tetraethyldithio-
       pyrophosphate, TEDP (X)
701.   *Sulfur chloride, Sulfur monochloride (X,C,R)
702.   *Sulfur mustard (X,C,R)
703.   *Sulfur pentafluoride (X,C)
704.   Sulfur trioxide, Sulfuric anhydride (X,C,I)
705.   Sulfuric acid, Oil of vitriol, Battery acid (X,C)
706.   Sulfurous acid (X,C)
707.   *Sulfuryl chloride, Sulfonyl chloride (X,C,R)
708.   *Sulfuryl fluoride, Sulfonyl fluoride (X,C,R)
709.   *SUPRACIDE, ULTRACIDE,
       S-[(5-Methoxy-2-oxo-1,3,4-thia-diazo13(2H)-yl)
       methyl] -O,O-dimethyl phosphorodithioate (X)
710.   *SURECIDE, Cyanophenphos, O-para-Cyanophenyl-
       O-ethyl phenyl phosphonothioate (X)
711.   *Tellurium hexafluoride (X,C)
712.   *TELODRIN, Isobenzan; 1,3,4,5,6,7,8,8-Octachloro-1,3,3a,4,
       7,7a-hexahydro-4,7-methanoisobenzofuran (X)
713.   *TEMIK, Aldicarb, 2-Methyl-2(methylthio)
       propionaldehyde-O-(methylcarbamoyl) oxime (X)
714.   *2,3,7,8-Tetrachlorodibenzo-para-dioxin, TCDD, Dioxin (X)
715.   sym-Tetrachloroethane (X)
717.   *Tetraethyl lead, TEL (and other organic lead) (X,I)
718.   *Tetraethyl pyrophosphate, TEPP (X)
719A.  Tetrahydrofuran, THF (X,I)
719B.  Tetrahydrophthalic anhydride, Memtetrahydrophthalic an-
       hydride (X)
720.   TETRALIN, Tetrahydronaphthalene (X)
721.   Tetramethyl lead, TML (X,I)
722.   *Tetramethyl succinonitrile (X)
723.   *Tetranitromethane (X,I,R)
724.   *Tetrasul, ANIMERT V-101, S-para-Chlorophenyl-2,4,5-
       trichlorophenyl sulfide (X)
725.   Tetrazene, 4-Amidino-1-(nitrosamino-amidino)-1-
       tetra-zene (I,R)
726.   *Thallium (X)
727.   *Thallium compounds (X)
728.   *Thallous sulfate, Thallium sulfate, RATOX (X)
729.   *Thiocarbonylchloride, Thiophosgene (X,C,R)
730.   *Thionazin, ZINOPHOS; O,O-Tetramethylthiuram
       monosulfide (X)
731.   *Thionyl chloride, Sulfur oxychloride (X,C,R)
732.   *Thiophosphoryl chloride (X,C,R)
733.   Thorium (powder) (I)
734.   Tin compounds (organic) (X)
735.   Titanium (powder) (I)
736.   Titanium sulfate (X)
737.   *Titanium tetrachloride, Titanic chloride (X,C,R)
738.   Toluene, Methylbenzene (X,I)
739.   *Toluene-2,4-diisocyanate, TDI (I,R)
740A.  Toluidine, Aminotoluene (ortho,meta,para) (X)
740B.  *Toxaphene, Polychlorocamphene (X)
741.   *TRANID, exo-3-Chloro-endo-6-cyano-2-
       norbornanone-O- (methylcarbamoyl) oxime (X)
743.   1,1,2-Trichloroethane (X)
744.   Trichloroethylene; Trichlorethene (X)
745.   Trichloroisocyanuric acid (X,I)
746.   *2,4,5-Trichlorophenoxyacetic acid; 2,4,5-T (X)
747.   *Trichlorosilane, Silicochloroform (X,C,I,R)
748.   Trimethylamine, TMA (X,I)
749.   Trinitroanisole; 2,4,6-Trinitrophenyl methyl ether (I,R)
750.   1,3,5-Trinitrobenzene, TNB (I,R)
751.   2,4,6-Trinitrobenzoic acid (I,R)
752.   Trinitronaphthalene, Naphtite (I,R)
753.   2,4,6-Trinitroresorcinol, Styphnic acid (I,R)
754.   2,4,6-Trinitrotoluene, TNT (X,I,R)
755.   *tris(1-Aziridinyl) phosphine oxide, Triethylenephospho-
       ramide, TEPA (X)
756.   Tungstic acid and salts (X)
757.   Turpentine (X,I)
758.   Uranyl nitrate, Uranium nitrate (X,I,R)
759.   Urea nitrate (X,I,R)
760.   n-Valeraldehyde, n-Pentanal (and isomers) (X,I)
761.   Vanadic acid salts (X)
762.   Vanadium oxytrichloride (X,C)
763.   *Vanadium pentoxide, Vanadic acid anhydride (X)
764.   Vanadium tetrachloride (X,C)
765.   Vanadium tetraoxide (X)
766.   Vanadium trioxide, Vanadium sesquioxide (X)
767.   Vanadyl sulfate, Vanadium sulfate (X)
768.   Vinyl acetate (I,X)
769.   *Vinyl chloride (X,I)
770.   Vinyl ethyl ether (I)
771.   Vinylidene chloride, VC (X,I)
772.   Vinyl isopropyl ether (I)
773.   *Vinyltrichlorosilane (X,C,I,R)
774.   VX, O-Ethyl methyl phosphoryl N,N-diisopropyl
       thiocholine (X)
775.   *WEPSYN 155, WP 155, Triamiphos, para-(5-Amino-3-
       phenyl-1H-1,2,4-triazol-1-yl)-N,N,N',N'-tetramethyl
       phosphonic diamide (X)
776.   Xylene, Dimethylbenzene (ortho,meta,para) (X,I)
777.   Zinc (powder) (I)
778.   Zinc ammonium nitrate (X,I)
779.   *Zinc arsenate (X)
780.   *Zinc arsenite (X)
781.   Zinc chloride (X,C)
782.   Zinc compounds (X)
783.   *Zinc cyanide (X)
784.   Zinc nitrate (X,I,R)
785.   Zinc permanganate (X,I)
786.   Zinc peroxide, Zinc dioxide (X,I,R)
787.   *Zinc phosphide (X,I,R)
788.   Zinc sulfate (X)
789.   Zirconium (powder) (I)
790.   *Zirconium chloride, Zirconium tetrachloride (X,C,R)
791.   Zirconium picramate (I)
 
(b) This subdivision sets forth a list of common names of wastes which are presumed to be hazardous wastes unless it is determined that the waste is not a hazardous waste pursuant to the procedures set forth in section 66262.11. The hazardous characteristics which serve as a basis for listing the common names of wastes are indicated in the list as follows:
(X) toxic, (C) corrosive, (I) ignitable and (R) reactive.
 
Acetylene sludge (C)
Acid and water (C)
Acid sludge (C)
AFU Floc (X)
Alkaline caustic liquids (C)
Alkaline cleaner (C)
Alkaline corrosive battery fluid (C)
Alkaline corrosive liquids (C)
Asbestos waste (X)
Ashes (X,C)
Bag house wastes (X)
Battery acid (C)
Beryllium waste (X)
Bilge water (X)
Boiler cleaning waste (X,C)
Bunker Oil (X,I)
Catalyst (X,I,C)
Caustic sludge (C)
Caustic wastewater (C)
Cleaning solvents (I)
Corrosion inhibitor (X,C)
Data processing fluid (I)
Drilling fluids (X,C)
Drilling mud (X)
Dyes (X)
Etching acid liquid or solvent (C,I)
Fly ash (X,C)
Fuel waste (X,I)
Insecticides (X)
Laboratory waste (X,C,R,I)
Lime and sulfur sludge (C)
Lime and water (C)
Lime sludge (C)
Lime wastewater (C)
Liquid cement (I)
Mine tailings (X,R)
Obsolete explosives (R)
Oil and water (X)
Oil Ash (X,C)
Paint (or varnish) remover or stripper (I)
Paint thinner (X,I)
Paint waste (or slops) (X,I)
Pickling liquor (C)
Pigments (X)
Plating waste (X,C)
Printing Ink (X)
Retrograde explosives (R)
Sludge acid (C)
Soda ash (C)
Solvents (I)
Spent acid (C)
Spent caustic (C)
Spent (or waste) cyanide solutions (X,C)
Spent mixed acid (C)
Spent plating solution (X,C)
Spent sulfuric acid (C)
Stripping solution (X,I)
Sulfonation oil (I)
Tank bottom sediment (X)
Tanning sludges (X)
Toxic chemical toilet wastes (X)
Unrinsed pesticide containers (X)
Unwanted or waste pesticides -an unusable portion of active ingredient or undiluted formulation (X)
Waste epoxides (X,I)
Waste (or slop) oil (X)
Weed Killer (X)
(c) This subdivision sets forth a list of electronic wastes that are presumed to be hazardous wastes unless it is determined that the electronic waste is not a hazardous waste pursuant to the procedures set forth in section 66262.11. The hazardous characteristics that serve as a basis for listing the common names of electronic wastes are indicated in the list as follows: (X) toxic, (C) corrosive, (I) ignitable, (R) reactive. For purposes of Health and Safety Code section 25214.10.1, devices marked with a pound symbol (#) were listed herein on or before July 1, 2004.
# Cathode ray tube containing devices (CRT devices) with CRTs greater than four inches measured diagonally (X)
# Cathode ray tubes (CRTs) greater than four inches measured diagonally (X);
# Computer monitors containing cathode ray tubes greater than four inches measured diagonally (X)
# Laptop computers with liquid crystal display (LCD) screens greater than four inches measured diagonally (X)
# LCD containing desktop monitors greater than four inches measured diagonally  (X)
# Televisions containing cathode ray tubes greater than four inches measured diagonally (X)
Televisions containing liquid crystal display (LCD) screens greater than four inches measured diagonally (X) (added December 2004)
Plasma televisions with screens greater than four inches measured diagonally  (X) (added December 2004)
 
  Note:Authority cited:  Sections 25140, 25141, 25214.9, 25214.10.1 and 25214.10.2, Health and Safety Code; and Sections 42475, 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25117, 25140, 25141, 25214.9 and 25214.10.1, Health and Safety Code; and Section 42463, Public Resources Code. 
  
 



Appendix XI.
Organic Lead Test Method
 
1.0 Scope and Application.
1.1 This method is used to determine the sum of organic lead compounds  ( "organolead") in liquids, solids or sludges. The method detection limit for a 50 g sample is 0.5 m g/g (as lead); the method detection limit for 200 ml water samples is 0.1 mg/l (as lead).
2.0 Summary of Method.
2.1 Organolead is separated from the sample matrix by extraction with xylene. The organolead in the extract is reacted with Aliquat 336 and iodine and the solution is made up to volume with MIBK. Lead contained in this mixture is determined by flame atomic absorption spectrometry (FAAS). If the original sample is completely soluble in xylene, the extraction step is omitted.
3.0 Safety.
3.1 Some organic lead compounds are volatile and toxic. Therefore, samples must be processed in a well-ventilated hood. Antiknock lead compounds are particularly poisonous and must not be inhaled or ingested or come into contact with the skin. Antiknock lead compounds should never be exposed to elevated temperatures (above 50 degrees C) or to acids and oxidizing agents. Whenever organic lead compounds are handled outside of a well-ventilated hood, protective respiratory equipment, protective clothing and rubber gloves must be worn. The material safety data sheets (MSDS) for organolead standards must be read.
3.2 The solvents used in this method are flammable. Proper precautions must be taken to prevent contact with sparks or open flames (other than the AAS flame).
4.0 Interferences.
4.1 To reduce loss of organic lead compounds which are very volatile and sensitive to oxygen, samples must not be exposed to elevated temperatures or to air for extended periods of time. Such losses shall be minimized by adhering to the sample collection, preservation and handling procedures in subdivisions 7.2 - 7.4 and 8.1.1 of this appendix.
4.2 If the samples are moist, there may be poor wettability with xylene.
5.0 Apparatus and Materials.
5.1 flame atomic absorption spectrometer (FAA spectrometer) with background corrector and recorder or integrator;
5.2 lead hollow cathode lamp or electrodeless discharge lamp;
5.3 nebulizer with impact bead; the standard rubber gasket in the nebulizer must be replaced with a cork gasket because the organic solvents used in this method attack rubber;
5.4 air, acetylene and appropriate AAS burner head;
5.5 erlenmeyer flasks, 250 ml and 100 ml, with ground glass stoppers;
5.6 mechanical shaker;
5.7 glass filter funnel and filter paper (Whatman #40, #42 or equivalent);
5.8 separatory funnels, 250 ml capacity;
5.9 volumetric flasks, 250 ml, 100 ml, and 50 ml.
6.0 Reagents.
All solvents and reagents must be at least analytical reagent grade, if available.
6.1 xylene (use p-xylene if available);
6.2 methyl isobutyl ketone (MIBK, 4-methyl-2-pentanone);
6.3 iodine solution: dissolve 3.0 g of elemental iodine in toluene and make up to 100 ml with the same solvent. Store in a brown bottle in a refrigerator;
6.4 Aliquat 336 (Tri-capryl methyl ammonium chloride), available from Aldrich, Milwaukee, WI, or from McKesson Co., Minneapolis, MN. Aliquat is a registered trademark of Henkel Corporation. Prepare two solutions, one containing 10 percent weight to volume ratio (w/v) and one containing 1 percent (w/v) in MIBK. Store in a refrigerator;
6.5 anhydrous sodium sulfate, granular;
6.6 lead chloride, crystals. Dry at 105 degrees C for 3 hours before use.
6.6.1 Prepare a stock solution containing 1000 mg/l of lead (Pb) by dissolving 0.3356 g of lead chloride in 10 percent Aliquat 336 in MIBK and dilute to 250 ml. Store in a brown bottle in a refrigerator.
6.6.2 Prepare an intermediate Pb standard by pipetting 10 ml of the stock standard into a volumetric flask and diluting to 100 ml with a 40 percent volume to volume ratio (v/v) solution of xylene in MIBK. Store in a brown bottle in a refrigerator;
6.7 sodium chloride (NaCl).
7.0 Sample Collection, Preservation, and Handling.
7.1 For safety precautions, see subdivision 3.0 of this appendix.
7.2 Liquid samples must be collected in amber glass bottles (preferably 500 ml size) with Teflon-lined caps without leaving any headspace. During sampling, contact of the sample with air must be minimized.
7.3 Solid samples must be collected in glass jars (preferably 250 ml size) with airtight, Teflon-lined lids. The jars must be filled to capacity.
7.4 All samples must be transported and stored at refrigerator temperature  (approximately 5 degrees C.).
8.0 Procedure.The order of addition of the reagents must be followed explicitly. Aliquat 336 must not be added before the addition of iodine because it retards the formation of the alkyl lead iodide-Aliquat 336 complex, giving erroneous results.
8.1 Extraction of Solid and Sludge Samples.
8.1.1 Weigh out (to the nearest 0.1 g) about 50 g of homogenized sample into an Erlenmeyer flask, add 100 ml of xylene, stopper the flask and shake on a mechanical shaker for 30 minutes (min). The extraction efficiency may vary depending on the moisture content of the sample. Stirring of the sample with a mechanical or magnetic stirrer must not be substituted for shaking since it can result in loss of organolead due to oxidation by air oxygen. For the same reason, extraction times of more than 30 min must be avoided.
8.1.2 After extraction, filter the xylene phase through filter paper holding about 10 g of anhydrous sodium sulfate.
8.1.3 Pipet 20 ml of MIBK and 20 ml of the filtered extract into a 50 ml volumetric flask and mix.
8.1.4 To the same flask, add 0.1 ml of iodine solution and mix again. Let react for approximately 1 min.
8.1.5 To the same flask, add 5 ml of 1 percent Aliquat 336 in MIBK, dilute to volume with MIBK and mix.
8.2 Extraction of Liquid Samples.
8.2.1 Place 200 ml of the sample and 50 ml of xylene into a separatory funnel, close the funnel and shake for 1 - 2 min. Allow 5 - 10 min for phase separation. If less than 200 ml of sample is available, the miscibility with xylene may be tested with a smaller aliquot.
8.2.2 If a single liquid phase is obtained (i.e., if the sample is completely soluble in xylene), discard the sample/xylene mixture and pipet 20 ml of neat sample into a 50 ml volumetric flask, add 20 ml of MIBK, mix, and continue as described in subdivision 8.1.4 above.
8.2.3 If an emulsion is obtained which requires more time for phase separation, add about 5 g of NaCl to the separatory funnel, shake briefly, and let the mixture settle for 20 min.
8.2.4 After separation of the xylene phase from the sample solvent phase (e.g., water), drain off the lower phase into a second separatory funnel and collect the xylene extract in a 100 ml flask with ground glass stopper.
8.2.5 Add 25 ml of xylene to the sample solvent phase, shake for 1-2 min and allow 5 - 10 min for phase separation.
8.2.6 Repeat subdivision 8.2.4, adding the xylene phase to the first extract. Then repeat sudivisions 8.2.5 and 8.2.4 with another 25 ml of xylene.
8.2.7 Filter the combined extract through filter paper holding about 10 g of anhydrous sodium sulfate.
8.2.8 Pipet 20 ml of MIBK and 20 ml of the filtered extract into a 50 ml volumetric flask and mix. Continue as described in subdivision 8.1.4 above.
8.3 Standard and Blank Preparation.
Prepare a blank and a minimum of three appropriate working standards from the intermediate organolead standard containing 100 mg/l as Pb.
8.3.1 Place 40 ml of xylene into a 100 ml volumetric flask and add the correct amount of the 100 mg/l standard to prepare the desired concentration.
8.3.2 Immediately add 0.2 ml of iodine solution and mix well.
8.3.3 Add 10 ml of 1 percent Aliquat 336 solution, dilute to volume with MIBK and mix well.
8.3.4 The blank is prepared in the same way as the calibration standards  (subdivisions 8.3.1 - 8.3.3 of this appendix), except that no organolead intermediate standard is added.
8.4 Flame Atomic Absorption Measurements.
Since certain organolead compounds are very volatile, their vapors may remain in the nebulizer or drain tube for considerable periods of time and affect subsequent readings. Therefore, sufficient time must be allowed between readings for all vapors to clear the system. Analyzing a blank between samples can check on the system.
8.4.1 The FAA spectrometer is set up according to the manufacturer's instructions. The nebulizer is equipped with the impact bead and a cork gasket is installed. Ensure that the drain tube to the waste container drains properly. Tygon tubing is affected by the organic solvents used in this method and drainage properties will be different from those observed with aqueous samples. If desired, a waste container dedicated to receive organolead waste may be connected.
8.4.2 While aspirating water into the flame, adjust the acetylene flow to 8.5 l/min and the air flow to 25 l/min.
8.4.3 Aspirate MIBK containing 40 percent xylene into the flame, reduce the acetylene flow to approximately 4.8 l/min and fine adjust to produce an even flame with no yellow luminescence.
8.4.4 Measure the absorbance of the method blank, working standards, and samples.
8.4.5 If sample readings fall outside the calibrated range, the solutions to be aspirated into the nebulizer must be diluted with a 40 percent (v/v) solution of xylene in MIBK and analyzed again.
9.0 Calculations.
Depending on the type of sample analyzed and the method of sample preparation, one of the following three formulas is used to calculate the concentration of organolead in the sample:
9.1 solid and sludge samples:
Conc ( m g/g) = FAA-Result (mg/l) x 100ml/W(g) x 50ml/20ml x F
where W (g) is the sample mass in grams (usually 50 g) and F is the dilution factor;
9.2 liquid samples not soluble in xylene:
Conc (mg/l) = FAA-Result (mg/l) x 100ml/V(ml) x 50ml/20ml x F
where V (ml) is the sample volume in ml (usually 200 ml) and F is the dilution factor;
9.3 xylene-soluble liquid samples:
Conc (mg/l) = FAA-Result (mg/l) x 100ml/V(ml) x 50ml/20ml x F
where V (ml) is the sample volume in ml (usually 20 ml) and F is the dilution factor.

10.0 Quality Control.
10.1 Analyze a method blank along with each batch of ten samples (or less). If the blank indicates a significant contamination (more than twice the method detection limit), repeat all procedures with samples and blank.
10.2 Analyze a duplicate sample with each batch of ten samples or less.
10.3 Analyze a spiked sample with each batch of ten samples or less. The level of spiking must be about twenty times the method detection limit. If the sample contains measurable organic lead, the spike level must be at least four times the measured level.
10.4 Leaded gasoline with known concentration of organolead must be used as spiking solution for all sample types.
11.0 Method Performance.
11.1 The analysis of four replicates of water samples spiked with leaded gasoline gave a mean result of 3.23 mg/l, a standard deviation of 0.032 mg/l, and a relative standard deviation (RSD) of 0.99%. The mean recovery was 3.23 mg/l for a recovery of 67.7%.
11.2 The instrument detection limit (IDL) was determined by the analysis of eleven replicates, blanks and standards. The IDL was based on three times the standard deviation which was 0.09 mg/l.
11.3 The analysis of six replicates of soil samples spiked with gasoline gave a mean result of 3.16 mg/kg, a standard deviation of 0.025 mg/kg, and a RSD of 0.80%. The mean recovery was 3.16 mg/kg for a 66.2% recovery.
 
  Note:    Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



Appendix XII.
California Hazardous Waste Codes
 
(a) Subdivisions (b) and (c) of this appendix establish the California Hazardous Waste Code Numbers assigned to wastes which have been identified as hazardous wastes pursuant to the characteristics of hazardous waste as set forth in article 3 of this chapter or pursuant to the lists of hazardous wastes in article 4 of this chapter. These Waste Code Numbers shall be used in complying with the notification requirements of Health and Safety Code section 25153.6 and, where applicable, in the recordkeeping and reporting requirements under chapters 12 through 15, 18, and 20 of this division.
(1) In cases where hazardous wastes may have both an EPA Hazardous Waste Number and a California Hazardous Waste Code Number, both numbers shall be used in complying with the notification requirements of Health and Safety Code section 25153.6 and the recordkeeping and reporting requirements under chapters 12 through 15, 18, and 20 of this division.
(2) If both a California Hazardous Waste Code from the "California Restricted Wastes" category and a code from another category of California Hazardous Waste Codes apply to a specific hazardous waste, the code from the "California Restricted Wastes" category shall be used.
(b) List of California Hazardous Waste Codes arranged in numerical order:
Waste
Code
Number  Waste Description
        (1) Inorganics:
121     Alkaline solution (pH <= 0> 12.5) with metals (antimony,
        arsenic, barium, beryllium, cadmium, chromium, cobalt, copper,
        lead, mercury, molybdenum, nickel, selenium, silver, thallium,
        vanadium, and zinc)
122     Alkaline solution without metals (pH > 12.5)
123     Unspecified alkaline solution
131     Aqueous solution (2 < pH < 12.5) containing reactive
        anions (azide, bromate, chlorate, cyanide, fluoride, hypochlorite,
        nitrite, perchlorate, and sulfide anions)
132     Aqueous solution with metals (restricted levels and see
        waste code 121 for a list of metals)
133     Aqueous solution with 10% or more total organic residues
134     Aqueous solution with less than 10% total organic residues
135     Unspecified aqueous solution
141     Off-specification, aged, or surplus inorganics
151     Asbestos-containing waste
161     Fluid-cracking catalyst (FCC) waste
162     Other spent catalyst
171     Metal sludge (see 121)
172     Metal dust (see 121) and machining waste
181     Other inorganic solid waste
        (2) Organics:
211     Halogenated solvents (chloroform, methyl chloride,
        perchloroethylene, etc.)
212     Oxygenated solvents (acetone, butanol, ethyl acetate, etc.)
213     Hydrocarbon solvents (benzene, hexane, Stoddard, etc.)
214     Unspecified solvent mixture
221     Waste oil and mixed oil
222     Oil/water separation sludge
223     Unspecified oil-containing waste
231     Pesticide rinse water
232     Pesticides and other waste associated with pesticide production
241     Tank bottom waste
251     Still bottoms with halogenated organics
252     Other still bottom waste
261     Polychlorinated biphenyls and material containing PCB's
271     Organic monomer waste (includes unreacted resins)
272     Polymeric resin waste
281     Adhesives
291     Latex waste
311     Pharmaceutical waste
321     Sewage sludge
322     Biological waste other than sewage sludge
331     Off-specification, aged, or surplus organics
341     Organic liquids (nonsolvents) with halogens
342     Organic liquids with metals (see 121)
343     Unspecified organic liquid mixture
351     Organic solids with halogens
352     Other organic solids
        (3) Sludges:
411     Alum and gypsum sludge
421     Lime sludge
431     Phosphate sludge
441     Sulfur sludge
451     Degreasing sludge
461     Paint sludge
471     Paper sludge/pulp
481     Tetraethyl lead sludge
491     Unspecified sludge waste
        (4) Miscellaneous:
511     Empty pesticide containers 30 gallons or more
512     Other empty containers 30 gallons or more
513     Empty containers less than 30 gallons
521     Drilling mud
531     Chemical toilet waste
541     Photochemicals/photoprocessing waste
551     Laboratory waste chemicals
561     Detergent and soap
571     Fly ash, bottom ash, and retort ash
581     Gas scrubber waste
591     Baghouse waste
611     Contaminated soil from site clean-ups
612     Household waste
613     Auto shredder waste
        (5) California Restricted Wastes:
711     Liquids with cyanides <= 1000 mg/l
721     Liquids with arsenic <= 500 mg/l
722     Liquids with cadmium <= 100 mg/l
723     Liquids with chromium (VI) <= 500 mg/l
724     Liquids with lead <= 500 mg/l
725     Liquids with mercury <= 20 mg/l
726     Liquids with nickel <= 134 mg/l
727     Liquids with selenium <= 100 mg/l
728     Liquids with thallium <= 130 mg/l
731     Liquids with polychlorinated biphenyls <= 50 mg/l
741     Liquids with halogenated organic compounds <= 1000 mg/l
751     Solids or sludges with halogenated organic compounds
         <= 1000mg/kg
791     Liquids with pH <= 0> 2
792     Liquids with pH <= 0> 2 with metals
801     Waste potentially containing dioxins
 
(c) List of California Hazardous Waste Codes arranged alphabetically within each numbered category in this subdivision:
Waste
Code
Number  Waste Description
        (1) Inorganics:
121     Alkaline solution (pH <= > 12.5) with metals (antimony, arsenic,
        barium, beryllium, cadmium, chromium, cobalt, copper, lead,
        mercury, molybdenum, nickel, selenium, silver, thallium,
        vanadium, and zinc)
122     Alkaline solution without metals (pH <= 12.5)
131     Aqueous solution (2 < pH < 12.5) containing reactive
        anions (azide, bromate, chlorate, cyanide, fluoride, hypochlorite,
        nitrite, perchlorate, and sulfide anions)
133     Aqueous solution with 10% or more total organic residues
134     Aqueous solution with less than 10% total organic residues
132     Aqueous solution with metals (restricted levels and see
        waste code 121 for a list of metals)
151     Asbestos-containing waste
161     Fluid-cracking catalyst (FCC) waste
172     Metal dust (see 121) and machining waste
171     Metal sludge (see 121)
141     Off-specification, aged, or surplus inorganics
181     Other inorganic solid waste
162     Other spent catalyst
123     Unspecified alkaline solution
135     Unspecified aqueous solution
        (2) Organics:
281     Adhesives
322     Biological waste other than sewage sludge
211     Halogenated solvents (chloroform, methyl chloride,
        perchloroethylene, etc.)
213     Hydrocarbon solvents (benzene, hexane, Stoddard, etc.)
291     Latex waste
331     Off-specification, aged, or surplus organics
222     Oil/water separation sludge
341     Organic liquids (nonsolvents) with halogens
342     Organic liquids with metals (see 121)
271     Organic monomer waste (includes unreacted resins)
351     Organic solids with halogens
352     Other organic solids
252     Other still bottom waste
212     Oxygenated solvents (acetone, butanol, ethyl acetate, etc.)
231     Pesticide rinse water
232     Pesticides and other waste associated with pesticide
        production
311     Pharmaceutical waste
261     Polychlorianted biphenyls and material containing PCBs
272     Polymeric resin waste
321     Sewage sludge
251     Still bottoms with halogenated organics
241     Tank bottom waste
223     Unspecified oil-containing waste
343     Unspecified organic liquid mixture
214     Unspecified solvent mixture
221     Waste oil and mixed oil
        (3) Sludges:
411     Alum and gypsum sludge
451     Degreasing sludge
421     Lime sludge
461     Paint sludge
471     Paper sludge/pulp
431     Phosphate sludge
441     Sulfur sludge
481     Tetraethyl lead sludge
491     Unspecified sludge waste
        (4) Miscellaneous:
613     Auto shredder waste
591     Baghouse waste
531     Chemical toilet waste
611     Contaminated soil from site clean-ups
561     Detergent and soap
521     Drilling mud
513     Empty containers less than 30 gallons
511     Empty pesticide containers 30 gallons or more
571     Fly ash, bottom ash, ad retort ash
581     Gas scrubber waste
612     Household waste
551     Laboratory waste chemicals
512     Other empty containers 30 gallons or more
541     Photochemical/photoprocessing waste
        (5) California Restricted Wastes:
721     Liquids with arsenic <= 500 mg/l
722     Liquids with cadmium <= 100 mg/l
723     Liquids with chromium (VI) <= 500 mg/l)
711     Liquids with cyanides <= 1000 mg/l
741     Liquids with halogenated organic compounds <= 1000 mg/l
724     Liquids with lead <= 500 mg/l
725     Liquids with mercury <= 20 mg/l
726     Liquids with nickel <= 134 mg/l
791     Liquids with pH <= 2
792     Liquids with pH <= 2 with metals
731     Liquids with polychlorinated biphenyls <= 50 mg/l
727     Liquids with selenium <= 100 mg/l
728     Liquids with thallium <= 130 mg/l
751     Solids or sludges with halogenated organic compounds <= 1000
        mg/l
801     Waste potentially containing dioxins
 
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25117.9, 25122.7, and 25150, Health and Safety Code. 
  
 



s 66262.10. Purpose, Scope, and Applicability.
 (a) This chapter establishes standards for generators of hazardous waste located in California.
(b) A generator who treats, stores, or disposes of hazardous waste on-site shall comply with the following sections of this chapter with respect to that waste: section 66262.11 for determining whether or not the generator has a hazardous waste, section 66262.12 for obtaining an identification number, section 66262.34 for accumulation of hazardous waste, section 66262.40(c) and (d) for recordkeeping, section 66262.43 for additional reporting, section 66262.44 for hazardous waste of concern reporting, and if applicable, section 66262.70 for farmers.
(c) Any person who imports hazardous waste into the State to a designated facility within the State from outside the United States shall comply with the standards applicable to generators established in this chapter.
(d) Any person who exports or imports hazardous waste subject to the Federal manifesting requirements of 40 CFR Part 262, or to the universal waste management standards of 40 CFR Part 273, to or from the countries listed in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1) for recovery of hazardous waste, shall comply with 40 CFR Part 262, Subpart H or this article.
(e) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of section 66262.70 is not required to comply with other standards in this chapter or chapters 2014, 15, or 18 of this division with respect to such pesticides.
(f) A person who generates a hazardous waste as defined by chapter 11 of this division is subject to the compliance requirements and penalties prescribed in chapter 6.5 of division 20 of the Health and Safety Code (commencing with section 25100) if the generator does not comply with the requirements of this chapter.
(g) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility shall comply with the generator standards established in this chapter. The provisions of section 66262.34 shall be applicable to the on-site accumulation of hazardous waste by generators. Therefore, the provisions of section 66262.34 shall apply only to owners or operators who are shipping hazardous waste which they generated at that facility.
(h) A generator who treats, stores, or disposes of hazardous waste on-site shall comply with the applicable standards and permit requirements set forth in chapters 14, 15, 16, 18 and 20 of this division.
(i) This article does not apply to generators handling only hazardous waste produced incidental to owning and maintaining their own place of residence.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25169.7 and 58012, Health and Safety Code; and 40 Code of Federal Regulations section 262.10. 
  
 



s 66262.11. Hazardous Waste Determination.
 A person who generates a waste, as defined in section 66261.2, shall determine if that waste is a hazardous waste using the following method:
(a) the generator shall first determine if the waste is excluded from regulation under section 66261.4 or section 25143.2 of the Health and Safety Code;
(b) the generator shall then determine if the waste is listed as a hazardous waste in articles 4 or 4.1 of chapter 11 or in Appendix X of chapter 11 of this division. If the waste is listed in Appendix X and is not listed in articles 4 or 4.1 of chapter 11, the generator may determine that the waste from his particular facility or operation is not a hazardous waste by either:
(1) testing the waste according to the methods set forth in article 3 of chapter 11 of this division, or according to an equivalent method approved by the Department pursuant to section 66260.21; or
(2) applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used and the characteristics set forth in article 3 of chapter 11 of this division.
(c) For purposes of compliance with chapter 18 of this division (commencing with section 66268.1), or if the waste is not listed as a hazardous waste in article 4 (commencing with section 66261.30), in article 4.1 (commencing with section 66261.50), or in Appendix X of chapter 11 of this division, the generator shall determine whether the waste exhibits any of the characteristics set forth in article 3 of chapter 11 of this division by either:
(1) testing the waste according to the methods set forth in article 3  (commencing with section 66261.20) of chapter 11 of this division, or according to an equivalent method approved by the Department under section 66260.21; or
(2) applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.
(d) If the waste is determined to be hazardous, the generator shall refer to chapters 14, 15, 18, and 23 of this division for possible exclusions or restrictions pertaining to management of the specific waste.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25115, 25117, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 262.11. 
  
 



s 66262.12. Identification Numbers for the Generator.
 (a) Except as specified in (d), a generator shall not treat, store, dispose of, transport or offer for transportation, hazardous waste without having received an Identification Number.
(b) A generator who has not received an Identification Number may obtain one by applying to the Administrator or to the Department using EPA form 8700-12 (Revised 12/99). Following receipt of the request, the generator will be assigned an identification number.
(c) A generator shall not offer the hazardous waste to transporters or to transfer, treatment, storage or disposal facilities that have not received an Identification Number.
(d) Generators who generate no more than 100 kilograms of waste per month that is hazardous solely due to the presence of silver in the waste pursuant to Health and Safety Code section 25143.13 are not required to obtain an Identification Number.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25143.13, 25159, 25159.5 and 25160.2, Health and Safety Code; and 40 CFR Sections 261.5 and 262.12. 
  
 
 



s 66262.20. General Requirements.
 (a) For shipments initiated before September 5, 2006, a generator, except those generators identified in subsection (a)(1), who transports, or offers for transportation, hazardous waste for off-site transfer, treatment, storage, or disposal shall prepare a Manifest, DTSC Form 8022A (4/97), and if necessary, the EPA continuation Form 8700-22A, according to the instructions included in the Appendix to chapter 12 of this division before the waste is transported off-site. Before September 5, 2006, all manifest requests should be submitted to the following agency:
Legislative Bill Room
 
State Capitol Room B-32
 
Sacramento, CA 95814
 
For further information with regard to manifest ordering and associated fees, contact (916) 445-5357.
For shipments initiated on and after September 5, 2006, a generator, except those generators identified in subsection (a)(1), who transports, or offers for transport a hazardous waste for off-site transfer, treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, shall prepare a Uniform Hazardous Waste Manifest (OMB Control number 2050-0039) on EPA Form 8700-22, and, if necessary, a Continuation Sheet on EPA Form 8700- 22A, according to the instructions included in the Appendix to chapter 12 of this division before the waste is transported off-site.
Compliance with the revisions to the Manifest form and procedures announced in the regulations published by EPA on March 4, 2005 as modified by regulations adopted on June 16, 2005 and these regulations adopted by the department on August 24, 2006, shall not be required until on and after September 5, 2006.
(1) A generator who qualifies as a contributing school, as defined in section 67450.41(a)(3) of chapter 45, is not subject to the provisions of this article for transportation of hazardous wastes to a K-12 schools hazardous waste collection, consolidation, and accumulation facility (SHWCCAF) in accordance with article 5 of chapter 45 as long as the generator also maintains compliance with the provisions of article 5 of chapter 45 (commencing with section 67450.40) that are applicable to contributing schools.
(b) A generator shall designate on the manifest one facility which is permitted to handle the waste described on the manifest.
(c) A generator may also designate on the manifest one alternate facility which is permitted to handle the waste in the event an emergency prevents delivery of the waste to the primary designated facility.
(d) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator shall either designate another facility or instruct the transporter to return the waste.
 
  Note: Authority cited: Sections 208, 25150, 25150.6, 25159 and  25161, Health and Safety Code. Reference: Sections 25150.6, 25159, 25159.5, 25160 and 25200, Health and Safety Code; 40 Code of Federal Regulations Sections 262.20 and 262.60. 
  
 
 



s 66262.21. Acquisition and Submission of Manifests.
 (a) If the state to which the shipment is manifested (consignment state) supplies the manifest and requires its use, then the generator shall use that manifest. This subsection is repealed on September 5, 2006.
(b) If the consignment state does not supply the manifest, the generator shall use the California Uniform Hazardous Waste manifest, EPA 8700-22/DTSC 8022A (4/97). This subsection is repealed on September 5, 2006.
(c) For shipments initiated on and after September 5, 2006, a generator shall use the Uniform Hazardous Waste Manifest, EPA Form 8700-22, and, if necessary, a Continuation Sheet, EPA Form 8700-22A, printed by a registrant in accordance with 40 Code of Federal Regulations section 262.21. No previous manifest form versions may be used for shipments initiated on and after September 5, 2006. A registrant may not print, or have printed, the manifest for use or distribution unless it has received approval from the U.S. EPA Director of the Office of Solid Waste pursuant to 40 Code of Federal Regulations section 262.21 (c) and (e).
(d) Each copy of the manifest and continuation sheet shall indicate how the copy shall be distributed, as follows:
Page 1 (top copy): "Designated facility to destination State (if required)".
Page 2: "Designated facility to generator State (if required)".
Page 3: "Designated facility to generator".
Page 4:  "Designated facility's copy".
Page 5:  "Transporter's copy".
Page 6 (bottom copy): "Generator's initial copy".
(e)(1) A generator may use manifests printed by any source so long as the source of the printed form has received approval from U.S. EPA to print the manifest under 40 Code of Federal Regulations section 262.21 (c) and (e). A registered source may be a:
(A) State agency;
(B) Commercial printer;
(C) Hazardous waste generator, transporter or TSDF; or
(D) Hazardous waste broker or other preparer who prepares or arranges shipments of hazardous waste for transportation.
(2) A generator shall determine whether the generator state or the consignment state for a shipment regulates any additional wastes (beyond those regulated federally) as hazardous wastes under these states' authorized programs.
(3) Generators also shall determine whether the consignment state or generator state requires the generator to submit any copies of the manifest to these states. In cases where the generator shall supply copies to either the generator's state or the consignment state, the generator is responsible for supplying legible photocopies of the manifest to these states.
(f) Manifests shall be submitted to the department by any generator when the waste is generated in California or is transported to a designated facility located in California. The generator manifest copy shall be submitted to the department for every shipment on a manifest when California is either the generator state or the destination or consignment state. The generator manifest copy shall be mailed to:
DTSC Generator Manifests
 
P.O. Box 400
 
Sacramento, CA 95812-0400
 
 
  Note: Authority cited: Sections 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 Code of Federal Regulations Section 262.21. 
  
 



s 66262.22. Number of Copies.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 CFR Section 262.22. 
  
 



s 66262.23. Use of the Manifest.
 (a) The generator of any hazardous or extremely hazardous waste to be transported off-site or into California  shall:
(1) complete the generator and waste section and sign the manifest certification according to the instructions in the Appendix to this chapter; and
(2) obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and
(3) retain one copy, in accordance with section 66262.40(a); and
(4) within 30 days of each shipment of hazardous waste submit to the Department a legible copy of each manifest used; and
(5) on or after September 5, 2006, for hazardous waste that is not regulated as a hazardous waste by the U.S. EPA (non-RCRA waste), describe these wastes in Item 9b of the manifest or Item 27b of the continuation sheet as follows:
(A) describe non-RCRA hazardous wastes which do not have a U.S. DOT description indicating a generic name of the waste and the phrase "Non-RCRA Hazardous Waste, Solid" or "Non-RCRA Hazardous Waste, Liquid" for solid or liquid wastes, respectively. When possible, the generic name shall be obtained from chapter 11, Appendix X, subsection (b) of this division. If not listed in chapter 11, Appendix X, subsection (b) of this division, the commonly recognized industrial name of the waste shall be used.
(B) describe non-RCRA hazardous wastes which have a U.S. DOT description by the U.S. DOT description, and
(6) The EPA hazardous waste number, if applicable, can be found in chapter 11, articles 3 and 4 and the California Hazardous Waste Code Number can be found in chapter 11, Appendix XII.
(b) The generator shall give the transporter the remaining copies of the manifest.
(c) For shipments of hazardous waste within the United States solely by water  (bulk shipments only), the generator shall send three copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.
(d) For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator shall send at least three copies of the manifest dated and signed in accordance with this section to:
(1) the next non-rail transporter, if any; or
(2) the designated facility if transported solely by rail; or
(3) the last rail transporter to handle the waste in the United States if exported by rail.
(e) For shipments of hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, the generator shall assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.
 
  Note: Authority cited: Sections 25150, 25159, 25161 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 Code of Federal Regulations Section 262.23. 
  
 



s 66262.27. Waste Minimization Certification.
 A generator who initiates a shipment of hazardous waste shall certify to one of the following statements in Item 15 of the uniform hazardous waste manifest:
(a) "I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;" or
(b) "I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford."
(c) This section is effective on and after September 5, 2006.
 
  Note: Authority cited: Sections 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; and 40 Code of Federal Regulations Section 262.27. 
  
 



s 66262.30. Packaging.
Before transporting hazardous waste or offering hazardous wastefor transportation off-site, a generator shall package the waste in accordance with the applicable Department of Transportation regulations on packaging under Title 49 CFR Parts 173, 178, and 179.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 CFR Section 262.30. 
  
 



s 66262.31. Labeling.
Before transporting or offering hazardous waste for transportation off-site, a generator shall label each package in accordance with the applicable Department of Transportation regulations on hazardous materials under Title 49 CFR Part 172.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 CFR Section 262.31. 
  
 



s 66262.32. Marking.
 (a) Before transporting or offering hazardous waste for transportation off-site, a generator shall mark each package of hazardous waste in accordance with the applicable Department of Transportation regulations on hazardous materials under Title 49 Code of Federal Regulations Part 172;
(b)(1) Before September 5, 2006, and before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall mark each container of 110 gallons or less used in such transportation with the following words and information displayed in accordance with the requirements of Title 49 Code of Federal Regulations section 172.304:
HAZARDOUS WASTE-State and Federal Law Prohibit Improper Disposal. If found, contact the nearest police or public safety authority, the U.S. Environmental Protection Agency or the California Department of Toxic Substances Control.
Generator's Name and Address_____________________________.
Manifest Document Number_______________________________________________.
(2) On and after September 5, 2006, before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall mark each container of 119 gallons or less used in such transportation with the following words and information displayed in accordance with the requirements of 49 Code of Federal Regulations section 172.304:
HAZARDOUS WASTE-State and Federal Law Prohibit Improper Disposal. If found, contact the nearest police or public safety authority, the U.S. Environmental Protection Agency or the California Department of Toxic Substances Control.
Generator's Name and Address __________.
Generator's EPA Identification Number __________.
Manifest Tracking Number __________.
 
  Note: Authority cited: Sections 25150, 25159, 25161 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 Code of Federal Regulations Section 262.32; 49 Code of Federal Regulations section 172.304; and 49 Code of Federal Regulations Part 172. 
  
 



s 66262.33. Placarding.
Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall placard or offer the initial trasportor the appropriate placards according to Department of Transportation regulations for hazardous materials under 49 Code of Federal Regulations Part 172, Subpart F.
 
  Note: Authority cited: Sections 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 Code of Federal Regulations Section 262.33.; 49 Code of Federal Regulations Section 171.3; and 49 Code of Federal Regulations Part 172, Subpart F. 
  
 



s 66262.34. Accumulation Time.
 (a) Except as provided in subsections (c) and  (d) of this section and section 66262.35, a generator may accumulate hazardous waste on-site for 90 days or less without a permit or grant of interim status, provided that:
(1)(A) the waste is placed in containers and the generator complies with the applicable requirements of articles 9, 27, 28 and 28.5 of chapter 15 of this division, or the waste is placed in tanks and the generator complies with articles 10, 27, 28, and 28.5 of chapter 15 of this division, except sections 66265.197(c) and 66265.200. In addition, such a generator is exempt from all the requirements in articles 7 and 8 of chapter 15 of this division, except for sections 66265.111 and 66265.114; or
(B) the waste is placed on drip pads and the generator complies with the applicable requirements of articles 17.5, 27, 28 and 28.5 of chapter 15 and maintains the following records at the facility:
1. a description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and
2. documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal; and/or
(C) the waste is placed in containment buildings and the generator complies with article 29 of Chapter 15 of this division, has placed its professional engineer (PE) certification that the building complies with the design standards specified in 66265.1101 in the facility's operating record no later than 60 days after the date of initial operation of the unit. After February 18, 1993, PE certification will be required prior to operation of the unit. The owner or operator shall maintain the following records at the facility:
1. a written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the 90 day limit, and documentation that the procedures are complied with; or
2. documentation that the unit is emptied at least once every 90 days; and
(2) the date upon which each period of accumulation begins is clearly marked and visible for inspection on each container; and
(3) the generator complies with the requirements of subsection (f) of this section; and
(4) the generator complies with the requirements for owners or operators in articles 3 and 4 of chapter 15 of this division and with section 66265.16, and with section 66268.7(a)(5).
(b) The beginning of the 90 day period specified in subsections (a) and (c) of this section is determined as follows:
(1) if the generator does not generate more than 100 kilograms of hazardous waste or one kilogram of acutely hazardous waste (listed in section 66261.33(e)) or one kilogram of extremely hazardous waste during any calendar month, the 90 day period begins on the date the generator has accumulated 100 kilograms of hazardous waste or one kilogram of acutely hazardous waste or one kilogram of extremely hazardous waste;
(2) if the generator generates more than 100 kilograms of hazardous waste or one kilogram of acutely hazardous waste or one kilogram of extremely hazardous waste during any calendar month, the 90-day period begins on the first date on which any amount of hazardous waste begins to accumulate during that month.
(c) A generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of chapters 14 and 15 of this division and the permit requirements of chapter 20 of this division, unless the generator has been granted an extension to the 90-day period or meets the requirements of subsection (d) or (e) of this section. An extension may be granted pursuant to section 66262.35 if non-RCRA or RCRA exempt hazardous wastes must remain on-site for longer than 90 days. An extension may be granted by the Department if RCRA hazardous wastes must remain onsite for longer than 90 days due to unforeseeable, temporary, and uncontrollable circumstances. An extension of up to 30 days for RCRA hazardous waste may be granted at the discretion of the Department on a case-by-case basis.
(d) Notwithstanding subsections (a) and (c) of this section and section 66262.35, a generator of less than 1,000 kilograms of hazardous waste in any calendar month who accumulates hazardous waste onsite for 180 days or less, or 270 days or less if the generator transports the generator's own waste, or offers the generator's waste for transportation, over a distance of 200 miles or more, for offsite treatment, storage, or disposal, is not a storage facility if all of the following apply:
(1) The quantity of hazardous waste accumulated onsite never exceeds 6,000 kilograms.
(2) The generator complies with the requirements of 40 Code of Federal Regulations section 262.34(d), (e) and (f).
(3) The generator does not hold acutely hazardous waste or extremely hazardous waste in an amount greater than one kilogram for more than 90 days.
(e)(1) A generator may accumulate as much as 55 gallons of hazardous waste, one quart of acutely hazardous waste (listed in section 66261.33(e)) or one quart of extremely hazardous waste at or near any point of generation, without a permit or grant of interim status, without complying with subsections (a), (b) and (c) of this section, if all of the following requirements are met with respect to this waste:
(A) the waste is accumulated in containers, other than tanks, at the initial accumulation point which is at or near the area where the waste is generated and which is under the control of the operator of the process generating the waste;
(B) the generator does not hold the waste onsite for more than one year from the initial date of accumulation, or for longer than the applicable accumulation period specified in subdivision (a) or (d), whichever occurs first. For purposes of this subdivision, the applicable accumulation period specified in subdivision (a) or (d) shall start on the date the quantity limitation specified in paragraph 1 of subsection (e) of this section is reached:
(C) the initial date of waste accumulation is clearly marked and visible for inspection on each container used for accumulation of hazardous waste;
(D) the generator complies with sections 66265.171, 66265.172, and 66265.173(a) of this division; and
(E) the generator complies with subsections (e)(2), (e)(3) and (f)(3) of this section.
(2) Except as provided in subsections (e)(2)(A) and (e)(2)(B) of this section, a process or group of processes meeting the requirements of subsection (e)(1) of this section, shall be subject to a single 55 gallon or one quart accumulation limit for that process or group of processes.
(A) If not all of the wastestreams generated by a single process or group of processes located within the same physical area are compatible, a separate 55 gallon or one quart limit shall apply to each group of wastestreams that are compatible.
(B) If the generator determines that using only one 55-gallon or one-quart container to initially accumulate specific compatible wastestreams is not practical (e.g., prevents recycling or requires unreasonable accumulation procedures) or safe from an environmental or worker/public health and safety standpoint, the generator may use a separate 55-gallon or one-quart container for those specific compatible wastestreams. The generator's determination shall be subject to review and approval by the Department at any time.
(3) A generator who has accumulated an amount of hazardous waste, acutely hazardous waste or extremely hazardous waste equal to any applicable quantity limitation listed in subsection (e)(1) of this section at or near any point of generation shall, with respect to that waste, comply within three days with subsection (a) of this section and other applicable provisions of this division. During the three day period the generator shall continue to comply with subsection (e)(1) of this section. Within the three day period, the generator shall mark the container holding the hazardous waste with the date the applicable quantity limitation was reached.
(f) Generators who accumulate hazardous waste on site without a permit or grant of interim status shall comply with the following requirements:
(1) the date upon which each period of accumulation begins shall be clearly marked and visible for inspection on each container and portable tank;
(2) the date the applicable accumulation period specified in subsection (a) or  (d) of this section begins, for purposes of subsections (a) and (b) of this section, shall be clearly marked and visible for inspection on each container and tank; and
(3) each container and tank used for onsite accumulation of hazardous waste shall be labeled or marked clearly with the words, "Hazardous Waste." Additionally, all containers and portable tanks shall be labeled with the following information:
(A) composition and physical state of the wastes;
(B) statement or statements which call attention to the particular hazardous properties of the waste (e.g., flammable, reactive, etc.);
(C) name and address of the person producing the waste.
(g) This subsection takes effect on September 5, 2006. Except as provided in  Health and Safety Code section 25160.6, subdivision (e), a generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of sections 66264.72 or 66265.72 may accumulate the returned waste onsite for 90 days or less, in accordance with the requirements of paragraph (1) of subsection (a) of this section. Upon receipt of the returned shipment, the generator shall:
(1) sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or
(2) sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest;
(3) submit a copy of the signed manifest to the department within 30 days of receipt. Mail the legible manifest copy, specifically the Designated Facility-to- Destination State manifest copy (Page 1 of the manifest as provided in section 66262.21, subsection (d)) to:
DTSC Facility Manifests P.O. Box 3000, Sacramento, CA 95812-3000
(h) The generator of the rejected hazardous waste shall label or mark the hazardous waste in a manner that indicates that it is rejected hazardous waste and shall include the date it was received by the generator. If the generator of the rejected hazardous waste commingles it with other hazardous wastes, the shorter of any applicable accumulation time limits shall apply to the commingled hazardous waste.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25160.6,  25179.6 and 58012, Health and Safety Code. Reference: Sections 25123.3, 25150, 25159, 25159.5, 25160.6 and 58012, Health and Safety Code; and 40 Code of Federal Regulations Section 262.34. 
  
 



s 66262.35. Extension(s) to Accumulation Time.
 (a) A generator may accumulate non-RCRA or RCRA exempt hazardous waste for longer than the time periods specified in Section 66262.34(a) or (d) under the following conditions:
(1) if hazardous wastes must remain onsite for longer than the applicable time specified in section 66262.34(a) or (d) due to unforeseeable, temporary, and uncontrollable circumstances, a one-time extension of up to 90 days is automatically granted if all of the following conditions are met.
(A) The generator submits a letter, by certified mail with return receipt requested, to the Certified Unified Program Agency (CUPA) notifying the CUPA of the extension. If the generator is located in a jurisdiction with no CUPA, then the notification letter shall be submitted to the officer or agency authorized pursuant to subdivision (f) of Health and Safety Code Section 25404.3 to implement and enforce the requirements of Health and Safety Code Section 25404(c)(1). The letter shall be received by the CUPA or authorized officer or agency prior to the generator exceeding the applicable time specified in section 66262.34(a) or (d). In the letter the generator shall provide all of the following information:
1. A certification signed by the generator certifying that:
a. the eligibility requirements and the conditions for the extension are met; and
b. hazardous waste is not accumulated in waste piles; and
c. where hazardous waste is accumulated in tank systems, the generator complies with Title 22, CCR, chapter 15, article 10, sections 66265.190 through 66265.200, except 66265.197(c); and
d. where hazardous waste is accumulated in containers, the generator complies with Title 22, CCR, chapter 15, article 9, sections 66265.170 through 66265.177; and
e. where hazardous waste is accumulated on drip pads, the generator complies with Title 22, CCR, chapter 15, article 17.5 sections 66265.440 through 66265.445; and
f. where hazardous waste is accumulated in containment buildings, the generator complies with Title 22, CCR, chapter 15, article 29, sections 66265.1100 through 66265.1102; and
g. hazardous waste will be managed in accordance with all requirements of  chapters 14 and 15 of this Division applicable to generators, except those specifically excluded elsewhere in this section.
2. Name, mailing address, and telephone number of the generator or the facility owner or operator.
3. Generator or the facility owner/operator name and address or legal description of the site location, and EPA ID number.
4. A detailed explanation of why the extension is needed. This shall include at a minimum: a description of the hazardous wastestream(s) for which the extension is being requested, the maximum quantity to be stored over the applicable time limits specified in Section 66262.34(a) or (d), an explanation of how the wastestream is generated, and the start and end dates of the 90 day extension period.
(B) All generators authorized by the Department with a permit, Standardized Permit, or grant of Interim Status shall simultaneously submit to the Department a copy of the letter submitted to the CUPA, or, if there is no CUPA, to the agency authorized pursuant to subdivision (f) of HSC Section 25404.3. The letter shall certify that the eligibility requirements and the conditions for the extension are met and that the hazardous waste will be managed in accordance with the applicable requirements of Title 22.
(C) Upon request by a CUPA, or the authorized officer or agency, the generator shall provide all documents, operating logs, reports, or any other information that supports the claim of necessity for the extension or relates to the management of the hazardous waste for which the extension is requested.
(2) One or more 90-day extension(s) may be granted at the discretion of the CUPA, or if no CUPA then at the discretion of the authorized officer or agency in that jurisdiction, on a case-by-case basis if all of the following conditions are met:
(A) The generator submits a letter, by certified mail with return receipt requested, to the CUPA, or if no CUPA then to the authorized officer or agency in that jurisdiction, requesting the extension. The letter shall be received by the CUPA or authorized officer or agency prior to the generator exceeding the accumulation time specified in Section 66262.34(a) or (d). In the letter the generator shall provide the information and certification listed in (a)(1)(A).
(B) The hazardous waste is not accumulated in waste piles.
(C) The generator meets one of the following circumstances:
1. There is a lack of offsite treatment capacity, offsite disposal capacity, or a treatment process for the generator's hazardous waste. The generator must submit documentation to the CUPA, or if no CUPA then to the authorized officer or agency in that jurisdiction, verifying attempts to locate an appropriate offsite treatment or disposal facility for the hazardous waste and list the names, addresses, and phone numbers of all the disposal and or treatment facilities that have been contacted.
2. Longer accumulation time is needed by the generator to treat its hazardous waste onsite. The speculative accumulation of hazardous waste is not sufficient reason for an extension.
3. An extension is needed because the onsite cleanup activity requires longer accumulation time (e.g., delays in clean up due to weather conditions).
4. An extension is needed because there was an emergency (e.g., mechanical failure, fire, etc.) at the business.
5. Generators that have already qualified for one 90-day extension beyond the applicable time specified in Section 66262.34(a) or (d) under section (a)(1)(A) above, but still require more time due to unforeseeable, temporary, and uncontrollable circumstances.
6. Other good cause as determined by the CUPA, or if no CUPA then by the authorized officer or agency in that jurisdiction.
(D) Upon request by a CUPA, or if no CUPA then by the authorized officer or agency in that jurisdiction, the generator shall provide all documents, operating logs, reports, or any other information that supports the claim of necessity for the extension or relates to the management of the hazardous waste for which the extension is requested.
(3) In the event of a disaster, the Department may grant an emergency waiver allowing a 90-day extension to the generators within the geographic location of the disaster if the following conditions are met:
(A) The hazardous waste must be accumulated in tank systems that comply with the technical standards of Title 22, CCR, chapter 15, article 10, or containers that comply with the technical standards of Title 22, CCR, chapter 15, article 9, or placed on drip pads and the generator complies with Title 22, CCR, chapter 15, article 17.5, or placed in containment buildings and the generator complies with article 29 of chapter 15 of Title 22, CCR. Hazardous waste accumulated in waste piles shall not be eligible for this extension.
(B) The emergency waiver shall only be activated when there has been a proclamation of a state of emergency by the federal, state, or local government for the geographic location (e.g., city or county).
(C) The Department shall issue a press release specifying which particular geographic location (e.g., city, county) will be granted an emergency waiver.
(D) The Department may further extend the effective period of the emergency waiver, as necessary, to assist the recovery process from the disaster. This extension shall also be announced through a press release.
(E) Upon request by the Department, a CUPA, or if no CUPA then by the authorized officer or agency in that jurisdiction, the generator shall provide all documents, operating logs, reports, or any other information that supports the claim of necessity for the extension or relates to the management of the hazardous waste for which the extension is requested.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code. Reference: Sections 25123.3, 25150, 25159, 25159.5 and 58012, Health and Safety Code. 
  
 



s 66262.40. Recordkeeping.
 (a) A generator shall keep a copy of each manifest signed in accordance with section 66262.23(a) for three years or until the generator receives a signed copy from the designated facility which received the waste. This signed copy shall be retained as a record for at least three years from the date the waste was accepted by the initial transporter.
(b) A generator shall keep a copy of each Biennial Report and Exception Report for a period of at least three years from the due date of the report.
(c) A generator shall keep records of any test results, waste analyses, or other determinations made in accordance with section 66262.11 for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.
(d) The periods or retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the USEPA Administrator or the Department.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 CFR Section 262.40. 
  
 



s 66262.41. Biennial Report.
 (a) For the Biennial report on 1995 activities, only generators that are required under Title 40 of the Code of Federal Regulations (CFR), section 262.41 to prepare and submit this report are subject to this section. This report, due on March 1, 1996 is to be submitted on U.S. EPA form 8700-13A/B (5- 80) (8-95) provided by the Department. Generators required to submit this report for activities conducted during 1995 are generators which meet any of the following criteria:
(1) The site generated in any single month 1,000 kg (2,200 lbs) or more of RCRA hazardous waste; or
(2) The site generated in any single month, or accumulated at any time, 1 kg  (2.2 lbs) of RCRA acute hazardous waste; or
(3) The site generated or accumulated at any time more than 100 kg (220 lbs) of spill cleanup materials contaminated with RCRA acute hazardous waste; or
(4) The site treated, stored, or disposed of RCRA hazardous waste on site in units subject to RCRA permitting requirements during 1995.
(b) A generator who ships any hazardous waste offsite to a transfer, treatment, storage or disposal facility within the United States shall prepare and submit a single copy of a Biennial Report, EPA Form 8700-13A/B, 5-80, (Revised 11-89) to the Department by March 1 of each even-numbered year. The Biennial Report shall be submitted on forms provided by the Department and shall cover generator activities during the previous calendar year, and shall include the following information:
(1) the identification number, name and address of the generator;
(2) the calendar year covered by the report;
(3) the identification number, name and address for each off-site transfer, treatment, storage or disposal facility in the United States to which waste was shipped during the year;
(4) the name and Identification Number of each transporter used during the reporting year for shipments to a transfer, treatment, storage or disposal facility within the United States;
(5) a description, EPA hazardous waste number (from chapter 11, articles 3 or 4 of this division), California Hazardous Waste Category Number, from chapter 11, Appendix XII, DOT hazard class, and quantity of each hazardous waste shipped offsite to a transfer, treatment, storage or disposal facility within the United States. This information shall be listed by identification number of each such offsite facility to which waste was shipped. Wastes that are classified as non-RCRA hazardous wastes can be properly described by indicating a generic name of the waste and the phrase "Non-RCRA Hazardous Waste, Solid" or "Non-RCRA Hazardous Waste, Liquid" for solid or liquid wastes, respectively. When possible, the generic name shall be obtained from chapter 11, Appendix X, subdivision (e) of this division. If not listed, the commonly recognized industrial name of the waste shall be used;
(6) a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;
(7) a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984;
(8) the certification signed by the generator or authorized representative.
(c) Any generator who treats, stores or disposes of hazardous waste onsite shall submit an annual report covering those wastes in accordance with the provisions of chapters 20, 14, 15 and 16 of this division. Reporting for exports of hazardous waste is not required on the Biennial Report form. A separate annual report requirement is set forth in section 66262.56.
(d) Additional information concerning the quantities and disposition of wastes identified or listed in chapter 11 shall be required as needed by the Department or USEPA Administrator.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5, 25160 and 25244.4, Health and Safety Code; 40 CFR Section 262.41. 
  
 



s 66262.42. Exception Reporting.
 (a) A generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter shall contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.
(b) A generator shall submit an Exception Report to the Department if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The Exception Report shall include:
(1) a legible copy of the manifest for which the generator does not have confirmation of delivery;
(2) a cover letter signed by the generator or the generator's authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.
(c) A generator meeting the requirements of paragraph (1) of Health and Safety Code section 25123.3, subdivision (h) who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the facility to which the generator's waste is submitted, within 60 days from the date that the hazardous waste was accepted by the initial transporter, shall submit to the department a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery.
(d) Generators shall submit the exception report or information to the department at:
DTSC Report Repository
 
Generator Information Services Section
 
P.O. Box 806
 
Sacramento, CA 95812-0806
 
 
  Note: Authority cited: Sections 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25123.3(h), 25159, 25159.5 and 25160, Health and Safety Code; and 40 Code of Federal Regulations Section 262.42. 
  
 



s 66262.43. Additional Reporting.
The Department may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in chapter 11 of this division.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 262.43. 
  
 



s 66262.44. Reporting Hazardous Wastes of Concern Discovered by the Generator to be Missing.
 (a) Generators, including those operating under a Permit by Rule, Conditional Authorization, or Conditional Exemption, shall comply with reporting requirements set forth in this section, in the event that a hazardous waste of concern, as defined in section 66261.111(a), is discovered to be missing during storage including generator accumulation areas within the facility, and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c).
(b) Upon discovering that a hazardous waste of concern is missing, and the waste at issue represents a reportable quantity or a reportable difference in type, the generator shall immediately attempt to reconcile the reportable quantity or difference (e.g., by reviewing facility records). If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and provide the following information:
(1) Generator name and identification number;
(2) Waste information (information that is typically provided on the manifest or as detailed on a material safety data sheet), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(3) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., areas at the facility where the waste was handled, stored or transported within the facility).
(c) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (b), within 5 days after the reportable quantity or difference was discovered, the generator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it, and a copy of the manifest.
(1) If the hazardous waste generator is located in the counties of Los Angeles, Ventura, Santa Barbara, San Bernardino, Orange, Riverside, San Diego, or Imperial, submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
(2) If the hazardous waste generator is located in any other county, submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Northern California Branch, 8800 Cal Center Drive, Sacramento, California 95826-3200.
(d) Generators that handle hazardous wastes of concern will identify themselves as such when complying with Health and Safety Code section 25205.16.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25150, 25169.7 and 58012, Health and Safety Code. 
  
 



s 66262.45. Certification Requirements for the Generator.
 (a) A generator who operates or authorizes the operation of a transportable treatment unit (TTU) to treat hazardous waste on-site as specified in section 67450.3(a)(8)(A) shall sign a certification stating:
(1) The generator of the waste has established a program to reduce the volume, quantity and toxicity of the hazardous waste to the degree, determined by the generator, to be economically practicable; and
(2) The proposed method of treatment is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment.
(b) A generator who operates a TTU to treat waste on-site shall include the certification with each notification required by section 67450.3(a)(3). A generator who authorizes an independent TTU owner or operator to treat waste on-site shall provide the certification to the TTU owner or operator.
(c) A generator who operates a fixed treatment (FTU) to treat hazardous waste on-site as specified in section 67450.3 shall sign, and provide with each notification required in sections 67450.2(b)(3)(H) and 67450.3(c), a certification stating:
(1) The generator of the waste has established a program to reduce the volume and quantity and toxicity of the hazardous waste to the degree, determined by the generator, to be economically practicable; and
(2) The proposed method of treatment is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150 and 25202.9, Health and Safety Code. 
  
 



s 66262.47. Operating Limits for Generators Using Transportable Treatment Units Operating Pursuant to a Permit by Rule.
 A generator who treats or authorizes the treatment of hazardous waste with a transportable treatment unit (TTU) pursuant to section 67450.3(a)(8)(A) shall not allow any TTU or combination of TTUs to be operated on-site for more than one year, unless DTSC authorizes an extension to the TTU company pursuant to section 67450.3(a)(8)(A).
 
  Note: Authority cited: Sections 25150, 58004 and 58012, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 66262.50. Applicability.
This article establishes requirements applicable to exports of hazardous waste to a foreign country from the State. Except to the extent 40 CFR section 262.58 provides otherwise, a primary exporter of hazardous waste shall comply with the requirements of this article and a transporter transporting hazardous waste for export shall comply with applicable requirements of chapter 13 of this division.
 
  Note:    Authority cited: Sections 208, 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5 and 25162, Health and Safety Code, 40 CFR Section 262.50. 
  
 



s 66262.52. General Requirements.
Exports of hazardous waste to a foreign country from the State are prohibited except in compliance with the applicable requirements of this article and of chapter 13 of this division. Exports of hazardous waste are prohibited unless:
(a) notification in accordance with section 66262.53 has been provided;
(b) for RCRA hazardous waste, the receiving country has consented to accept the hazardous waste;
(c) for RCRA hazardous waste, a copy of the EPA Acknowledgment of Consent to the shipment accompanies the hazardous waste shipment and, unless exported by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment));
(d) for RCRA hazardous waste, the hazardous waste shipment conforms to the terms of the receiving country's written consent as reflected in the EPA Acknowledgment of Consent.
 
  Note:    Authority cited: Sections 208, 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5 and 25162, Health and Safety Code, 40 CFR Section 262.52. 
  
 



s 66262.53. Notification of Intent to Export.
 (a) A primary exporter of RCRA hazardous waste shall concurrently notify U.S. EPA and send a copy of that notification to the Department of an intended export before such waste is scheduled to leave the United States. A complete notification shall be submitted sixty (60) days before the initial shipment is intended to be shipped off site. This notification shall cover export activities extending over a twelve (12) month or lesser period. The notification shall be in writing, signed by the primary exporter, and include the following information:
(1) name, mailing address, telephone number and ID number of the primary exporter;
(2) by consignee, for each hazardous waste type:
(A) a description of the hazardous waste and the EPA hazardous waste number, if applicable, (from chapter 11, articles 3 and 4), California Hazardous Waste Code Number (from chapter 11, Appendix XII), U.S. DOT proper shipping name, hazard class and ID number (UN/NA) for each hazardous waste as identified in 49 Code of Federal Regulations Parts 171 through 177;
(B) the estimated frequency or rate at which such waste is to be exported and the period of time over which such waste is to be exported;
(C) the estimated total quantity of the hazardous waste in units as specified in the instructions to the Uniform Hazardous Waste Manifest Form in the appendix to chapter 12;
(D) all points of entry to and departure from each foreign country through which the hazardous waste will pass;
(E) a description of the means by which each shipment of the hazardous waste will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.));
(F) a description of the manner in which the hazardous waste will be treated, stored or disposed of in the receiving country (e.g., land or ocean incineration, other land disposal, ocean dumping, recycling);
(G) the name and site address of the consignee and any alternate consignee; and
(H) the name of any transit countries through which the hazardous waste will be sent and a description of the approximate length of time the hazardous waste will remain in such country and the nature of its handling while there.
(b) A primary exporter of non-RCRA hazardous waste shall notify the Department of an intended export before such waste is scheduled to leave the United States. A complete notification shall be submitted four weeks before the initial shipment is intended to be shipped off site. This notification shall cover export activities extending over a twelve (12) month or lesser period. The notification shall be in writing, signed by the primary exporter, and include all the information required by subsections 66262.53(a)(1) and (2).
(c) Notifications submitted by mail for RCRA hazardous waste exports shall be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, 401 M Street SW, Washington, DC 20460. Hand delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, Ariel Rios Bldg., 12th Street and Pennsylvania Avenue, NW, Washington, DC 20460. In both cases the following shall be prominently displayed on the front of the envelope: "Attention: Notification for Intent to Export." In addition, a copy of the notification shall be sent to the Import/Export Coordinator, Department of Toxic Substances Control, Hazardous Waste Management Program, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205. Notwithstanding any other provision of law or regulation, notifications for non-RCRA hazardous waste exports shall only be sent to the Department.
(d) When the conditions specified on the original notification change  (including any exceedance of the estimate of the quantity of hazardous waste specified in the original notification), the primary exporter shall provide EPA and the Department with a written renotification of the change, except for changes to the telephone number in subsection (a)(1) of this section, changes to subsection (a)(2)(E) of this section and decreases in the quantity indicated pursuant to subsection (a)(2)(C) of this section. The shipment cannot take place until consent of the receiving country to the changes (except for changes to subsection (a)(2)(H) of this section and in the ports of entry to and departure from transit countries  pursuant to subsection (a)(2)(D) of this section) has been obtained and the primary exporter receives an EPA Acknowledgment of Consent reflecting the receiving country's consent to the changes.
(e) Upon request by EPA, a primary exporter shall furnish to EPA any additional information which a receiving country requests in order to respond to a notification.
(f) In conjunction with the Department of State, EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of section 66262.53(a). Where a claim of confidentiality is asserted with respect to any notification information required by section 66262.53(a), EPA may find the notification not complete until any such claim is resolved in accordance with section 66260.2.
(g) Where the receiving country consents to the receipt of the hazardous waste, EPA will forward an EPA Acknowledgment of Consent to the primary exporter for purposes of section 66262.54(h). Where the receiving country objects to receipt of the hazardous waste or withdraws a prior consent, EPA will notify the primary exporter in writing. EPA will also notify the primary exporter of any responses from transit countries.
 
  Note: Authority cited: Sections 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 262.53. 
  
 



s 66262.54. Special Manifest Requirements.
 A primary exporter shall comply with the manifest requirements of sections 66262.20 through 66262.23 except that:
(a) in lieu of the name, site address and ID number of the designated permitted facility, the primary exporter shall enter the name and site address of the consignee;
(b) in lieu of the name, site address and ID number of a permitted alternate facility, the primary exporter may enter the name and site address of any alternate consignee;
(c) for shipments initiated before September 5, 2006, in Special Handling Instructions and Additional Information, the primary exporter shall identify the point of departure from the United States.
For shipments initiated on and after September 5, 2006, in the International Shipments block, the primary exporter shall check the export box and enter the point of exit (city and State) from the United States.
(d) for shipments initiated before September 5, 2006, for RCRA hazardous waste, the following statement shall be added to the end of the first sentence of the certification set forth in Item 16 of the Uniform Hazardous Waste Manifest Form: "and conforms to the terms of the attached EPA Acknowledgment of Consent".
For shipments initiated on and after September 5, 2006, this statement will be entered in Item 15;
(e) for shipments initiated before September 5, 2006, in lieu of the requirements of section 66262.21, the primary exporter shall obtain the manifest form from the Department.
For shipments initiated on and after September 5, 2006, the primary exporter may obtain the manifest from any source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers).
(f) the primary exporter shall require the consignee to confirm in writing the delivery of the hazardous waste to that facility and to describe any significant discrepancies (as defined in section 66264.72(a)) between the manifest and the shipment. A copy of the manifest signed by such facility may be used to confirm delivery of the hazardous waste;
(g) in lieu of the requirements of section 66262.20(d), where a shipment cannot be delivered for any reason to the designated or alternate consignee, the primary exporter shall:
(1) renotify US EPA for RCRA hazardous waste and the Department for both RCRA hazardous waste and non-RCRA hazardous waste of a change in the conditions of the original notification to allow shipment to a new consignee in accordance with section 66262.53(c) or
(2) instruct the transporter to return the waste to the primary exporter in the United States or designate another facility within the United States; and
(3) instruct the transporter to revise the manifest in accordance with the primary exporter's instructions;
(h) for RCRA hazardous waste, the primary exporter shall attach a copy of the EPA Acknowledgment of Consent to the shipment to the manifest which shall accompany the hazardous waste shipment. For exports by rail or water (bulk shipment), the primary exporter shall provide the transporter with an EPA Acknowledgment of Consent which shall accompany the hazardous waste but which need not be attached to the manifest except that for exports by water (bulk shipment) the primary exporter shall attach the copy of the EPA Acknowledgment of Consent to the shipping paper;
(i) for RCRA hazardous waste, the primary exporter shall provide the transporter with an additional copy of the manifest for delivery to the U.S. Customs official at the point the hazardous waste leaves the United States in accordance with section 66263.20(j)(4).
 
  Note: Authority cited: Sections 25150.2, 25159 and 58012, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 262.54. 
  
 



s 66262.55. Exception Reports for Exportors.
 (a) In lieu of the requirements of section 66262.42, a primary exporter shall file an exception report with the U.S. EPA Administrator and the Department for RCRA hazardous waste, or with the Department for non-RCRA hazardous waste, if:
(1) the primary exporter has not received a copy of the manifest signed by the transporter stating the date and place of departure from the United States within forty-five (45) days from the date it was accepted by the initial transporter;
(2) within ninety (90) days from the date the waste was accepted by the initial transporter, the primary exporter has not received written confirmation from the consignee that the hazardous waste was received;
(3) the waste is returned to the United States.
(b) For exports by water to foreign countries, if the generator has not received a copy of the manifest signed by all transporters and the facility operator 60 days after the initial shipment, the generator shall contact the owner or operator of the designated facility to determine the status of the hazardous waste and to request that the owner or operator immediately provide a signed copy of the manifest to the generator.
(c) The primary exporter shall submit the exception report to the department at:
DTSC Report Repository
 
Generator Information Services Section
 
P.O. Box 806
 
Sacramento, CA 95812-0806
 
 
  Note: Authority cited: Sections 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5, 25160 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 262.55. 
  
 



s 66262.56. Annual Export Reports.
 (a) Primary exporters of hazardous waste shall file with the U.S. EPA Administrator and the Department no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous waste exported to a foreign country from the State during the previous calendar year. Such reports shall include the following:
(1) the Identification Number, name, and mailing and site address of the exporter;
(2) the calendar year covered by the report;
(3) the name and site address of each consignee;
(4) by consignee, for each hazardous waste exported, a description of the hazardous waste, the EPA hazardous waste number, if applicable (from chapter 11, articles 3 and 4), the California Hazardous Waste Code Number (from chapter 11, Appendix XII), DOT hazard class, the name and ID Number (where applicable) for each transporter used, the total amount of waste shipped and number of shipments pursuant to each notification;
(5) unless provided pursuant to section 66262.41, in even numbered years:
(A) a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated; and
(B) a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984;
(6) a certification signed by the primary exporter which states:
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment.
(b) Annual reports submitted by mail shall be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, 401 M Street SW, Washington, D.C. 20460. Hand delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, Ariel Rios Bldg., 12th Street and Pennsylvania Avenue, NW, Washington, DC 20460. A copy of each report shall be sent to the Department at the following address: Import/Export Coordinator, Department of Toxic Substances Control, Hazardous Waste Management Program, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
 
  Note: Authority cited: Sections 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 262.56. 
  
 



s 66262.57. Recordkeeping.
 (a) For all hazardous waste exports to a foreign country from the State a primary exporter shall:
(1) keep a copy of each notification of intent to export for both RCRA hazardous waste and non-RCRA hazardous waste for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;
(2) for RCRA hazardous waste, keep a copy of each EPA Acknowledgment of Consent for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;
(3) keep a copy of each confirmation of delivery of the hazardous waste from the consignee for at least three years from the date the hazardous waste was accepted by the initial transporter; and
(4) keep a copy of each annual report for a period of at least three years from the due date of the report.
(b) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the USEPA Administrator or the Department.
 
  Note: Authority cited: Sections 208, 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5 and 25162, Health and Safety Code, 40 CFR Section 262.57. 
  

 



s 66262.58. International Agreements.
 (a) Any person who exports or imports hazardous waste subject to the Federal manifesting requirements of 40 CFR Part 262, or subject to universal waste management standards of 40 CFR Part 273, to or from designated member countries of the Organization for Economic Cooperation and Development (OECD) as defined in 40 CFR section 262.58(a)(1) or subsection (a)(1) of this section for purposes of recovery of hazardous waste is subject to the requirements of 40 CFR Part 262, Subpart H or this article. The requirements of 40 CFR Part 262, Subparts E and F or articles 5 and 6 of this chapter do not apply.
(1) For the purposes of 40 CFR Part 262, Subpart H or this article, the designated OECD countries consist of Australia, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom, and the United States.
(2) For the purposes of 40 CFR Part 262, Subpart H or this article, Canada and Mexico are considered OECD member countries only for the purposes of transit.
(b) Any person who exports hazardous waste to or imports hazardous waste from: a designated OECD member country for purposes other than recovery (e.g., incineration, disposal), Mexico (for any purpose), or Canada (for any purpose) remains subject to the requirements of 40 CFR Part 262, Subparts E and F or articles 4 and 5 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.58. 
  
 



s 66262.60. Imports of Hazardous Waste.
 (a) Any person who imports hazardous waste from a foreign country to a designated facility within the State shall comply with the requirements of this chapter and the special requirements of this article.
(b) When importing hazardous waste, a person shall meet all the requirements of section 66262.20(a) for the manifest except that:
(1) in place of the generator's name, address and Identification Number, the name and address of the foreign generator and the importer's name, address and Identification Number shall be used;
(2) in place of the generator's signature on the certification statement, the U.S. importer or the importer's agent shall sign and date the certification and obtain the signature of the initial transporter;
(3) for shipments initiated before September 5, 2006, a person importing hazardous waste into California for shipment to a facility outside of the State shall use:
(A) for persons importing RCRA hazardous waste or material regulated as hazardous waste in the receiving state, the Uniform Hazardous Waste Manifest required by the receiving state; or
(B) for non-RCRA hazardous waste not regulated as hazardous waste by the receiving state, the California Uniform Hazardous Waste Manifest (DTSC 8022A, revised 4/97).
(c) For shipments initiated before September 5, 2006, a person who imports hazardous waste shall obtain the manifest form from the Department.
For shipments initiated on and after September 5, 2006, a person who imports hazardous waste may obtain the manifest form from any source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers).
(d) For shipments initiated on and after September 5, 2006, in the International Shipments block, the importer shall check the import box and enter the point of entry (city and State) into the United States.
(e) The importer shall provide the transporter with an additional copy of the manifest to be submitted by the receiving facility to U.S. EPA in accordance with sections 66264.71 subsection (a)(3) and 66265.71 subsection (a)(3) of this division and 40 Code of Federal Regulations sections 264.71(a)(3) and 265.71(a)(3).
 
  Note: Authority cited: Sections 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 262.60. 
  

 



s 66262.70. Farmers.
 (a) Waste pesticide, which meets the definition of hazardous waste, including rinsate generated pursuant to subsection (b) of this section, generated as part of a commercial farming operation is not required to be managed in compliance with the standards in this chapter or chapters 14, 15, 18 or 20 of this division, provided the waste pesticide is applied as part of a commercial farming operation in a manner consistent with the use instructions on the pesticide label.
(b) Pesticide containers, or inner liners from pesticide containers, generated by a commercial farming operation shall not be regulated as hazardous waste if the container or inner liner is emptied by removing all of the contents that can be removed by draining, pouring, pumping or aspirating, and the container or inner liner is triple rinsed with a liquid capable of dissolving the pesticide which the container held; and
(1) the container or inner liner is punctured, shredded, crushed or otherwise similarly changed so as to prevent subsequent use or reuse, and is disposed of; or
(2) the container is punctured, shredded, crushed or otherwise similarly changed so as to prevent subsequent use or reuse, and is recycled by reclaiming its scrap value; or
(3) the container is reused in accordance with the provision of Health and Safety Code section 25143.2(d)(6).
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code, 40 CFR section 262.70 and 40 CFR section 261.7. 
  
 



s 66262.80. Applicability.
 (a) The requirements of 40 CFR Part 262, Subpart H or this article apply to imports and exports of wastes that are considered hazardous under U.S. national procedures and are destined for recovery operations in the countries listed in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1). A waste is considered hazardous under U.S. national procedures if it meets the federal definition of hazardous waste in 40 CFR section 261.3 and it is subject to either the Federal manifesting requirements of 40 CFR Part 262, or to the universal waste management standards of 40 CFR Part 273.
(b) Any person (notifier, consignee, or recovery facility operator) who mixes two or more wastes (including hazardous and non-hazardous wastes) or otherwise subjects two or more wastes (including hazardous and non-hazardous wastes) to physical or chemical transformation operations, and thereby creates a new hazardous waste, becomes a generator and assumes all subsequent generator duties under RCRA and any notifier duties, if applicable, under 40 CFR Part 262, Subpart H or this article.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.80. 
  
 



s 66262.81. Definitions.
The following definitions apply to 40 CFR Part 262, Subpart H or this article.
(a) "Competent authorities" means the regulatory authorities of concerned countries having jurisdiction over transfrontier movements of wastes destined for recovery operations.
(b) "Concerned countries" means the exporting and importing OECD member countries and any OECD member countries of transit.
(c) "Consignee" means the person to whom possession or other form of legal control of the waste is assigned at the time the waste is received in the importing country.
(d) "Country of transit" means any designated OECD country in 40 CFR sections 262.58(a)(1) and (a)(2) or sections 66262.58(a)(1) and (a)(2) other than the exporting or importing country across which a transfrontier movement of wastes is planned or takes place.
(e) "Exporting country" means any designated OECD member country in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1) from which a transfrontier movement of wastes is planned or has commenced.
(f) "Importing country" means any designated OECD country in 40 CFR section 262.58(a)(1) or 66262.58(a)(1) to which a transfrontier movement of wastes is planned or takes place for the purpose of submitting the wastes to recovery operations therein.
(g) "Notifier" means the person under the jurisdiction of the exporting country who has, or will have at the time the planned transfrontier movement commences, possession or legal control of the wastes and who proposes their transfrontier movement for the ultimate purpose of submitting them to recovery operations. When the United States (U.S.) is the exporting country, notifier is interpreted to mean a person domiciled in the U.S.
(h) "OECD area" means all land or marine areas under the national jurisdiction of any designated OECD member country in 40 CFR section 262.58 or section 66262.58. When the regulations refer to shipments to or from an OECD country, this means OECD area.
(i) "Recognized trader" means a person who, with appropriate authorization of concerned countries, acts in the role of principal to purchase and subsequently sell wastes; this person has legal control of such wastes from time of purchase to time of sale; such a person shall act to arrange and facilitate transfrontier movements of wastes destined for recovery operations.
(j) "Recovery facility" means an entity which, under applicable domestic law, is operating or is authorized to operate in the importing country to receive wastes and to perform recovery operations on them.
(k) "Recovery operations" means activities leading to resource recovery, recycling, reclamation, direct re-use or alternative uses as listed in Table 2.B of the Annex of OECD Council Decision C(88)90(Final) of May 27, 1988, (available from the Environmental Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF) and the Organization for Economic Co-operation and Development, Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France) which include:
R1 Use as a fuel (other than in direct incineration) or other means to generate energy;
R2 Solvent reclamation/regeneration;
R3 Recycling/reclamation of organic substances which are not used as solvents;
R4 Recycling/reclamation of metals and metal compounds;
R5 Recycling/reclamation of other inorganic materials;
R6 Regeneration of acids or bases;
R7 Recovery of components used for pollution control;
R8 Recovery of components from catalysts;
R9 Used oil re-refining or other reuses of previously used oil;
R10 Land treatment resulting in benefit to agriculture or ecological improvement;
R11 Uses of residual materials obtained from any of the operations numbered R1- R10;
R12 Exchange of wastes for submission to any of the operations numbered R1-R11;
R13 Accumulation of material intended for any operation in Table 2.B;
(l) "Transfrontier movement" means any shipment of wastes destined for recovery operations from an area under the national jurisdiction of one OECD member country to an area under the national jurisdiction of another OECD member country.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.81. 
  
 



s 66262.82. General Conditions.
 (a) Scope. The level of control for exports and imports of waste is indicated by assignment of the waste to a green-, amber-, or red-list and by U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a). The green- , amber-, and red-lists are incorporated by reference in 40 CFR section 262.89(e) or section 66262.89(e).
(1) Wastes on the green-list are subject to existing controls normally applied to commercial transactions, except as provided below:
(A) Green-list wastes that are considered hazardous under U.S. national procedures are subject to amber-list controls.
(B) Green-list wastes that are sufficiently contaminated or mixed with amber-list wastes, such that the waste or waste mixture is considered hazardous under U.S. national procedures, are subject to amber-list controls.
(C) Green-list wastes that are sufficiently contaminated or mixed with other wastes subject to red-list controls such that the waste or waste mixture is considered hazardous under U.S. national procedures shall be handled in accordance with the red-list controls.
(2) Wastes on the amber-list that are considered hazardous under U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a) are subject to the amber-list controls of 40 CFR Part 262, Subpart H or this article.
(A) If amber-list wastes are sufficiently contaminated or mixed with other wastes subject to red-list controls such that the waste or waste mixture is considered hazardous under U.S. national procedures, the wastes shall be handled in accordance with the red-list controls.
(B) [Reserved].
(3) Wastes on the red-list that are considered hazardous under U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a) are subject to the red-list controls of 40 CFR Part 262, Subpart H or this article. Some wastes on the amber- or red-lists are not listed or otherwise identified as hazardous under RCRA (e.g., polychlorinated biphenyls) and therefore are not subject to the amber- or red-list controls of 40 CFR Part 262, Subpart H or this article. Regardless of the status of the waste under RCRA, however, other federal environmental statutes (e.g., the federal Toxic Substances Control Act) shall restrict certain waste imports or exports. Such restrictions continue to apply without regard to 40 CFR Part 262, Subpart H or this article.
(4) Wastes not yet assigned to a list are eligible for transfrontier movements, as follows:
(A) If such wastes are considered hazardous under U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a), these wastes are subject to the red-list controls; or
(B) If such wastes are not considered hazardous under U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a), such wastes shall move as though they appeared on the green-list.
(b) General conditions applicable to transfrontier movements of hazardous waste.
(1) The waste shall be destined for recovery operations at a facility that, under applicable domestic law, is operating or is authorized to operate in the importing country;
(2) The transfrontier movement shall be in compliance with applicable international transport agreements. These international agreements include, but are not limited to, the Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention (1973/1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985), and RID (1985).
(3) Any transit of waste through a non-OECD member country shall be conducted in compliance with all applicable international and national laws and regulations.
(c) Provisions relating to re-export for recovery to a third country.
(1) Re-export of wastes subject to the amber-list control system from the U.S., as the importing country, to a third country listed in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1) shall occur only after a notifier in the U.S. provides notification to and obtains consent of the competent authorities in the third country, the original exporting country, and new transit countries. The notification shall comply with the notice and consent procedures in 40 CFR section 262.83 or section 66262.83 for all concerned countries and the original exporting country. The competent authorities of the original exporting country as well as the competent authorities of all other concerned countries have 30 days to object to the proposed movement.
(A) The 30-day period begins once the competent authorities of both the initial exporting country and new importing country issue Acknowledgements of Receipt of the notification.
(B) The transfrontier movement shall commence if no objection has been lodged after the 30-day period has passed or immediately after written consent is received from all relevant OECD importing and transit countries.
(2) Re-export of waste subject to the red-list control system from the original importing country to a third country listed in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1) shall occur only following notification of the competent authorities of the third country, the original exporting country, and new transit countries by a notifier in the original importing country in accordance with 40 CFR section 262.83 or section 66262.83. The transfrontier movement shall not proceed until receipt by the original importing country of written consent from the competent authorities of the third country, the original exporting country, and new transit countries.
(3) In the case of re-export of amber- or red-list wastes to a country other than those in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1), notification to and consent of the competent authorities of the original OECD member country of export and any OECD member countries of transit is required as specified in 40 CFR sections 262.82(c)(1) and (c)(2) or subsections (c)(1) and (c)(2) of this section in addition to compliance with all international agreements and arrangements to which the first importing OECD member country is a party and all applicable regulatory requirements for exports from the first importing country.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.82. 
  
 



s 66262.83. Notification and Consent.
 (a) Applicability. Consent shall be obtained from the competent authorities of the relevant OECD importing and transit countries prior to exporting hazardous waste destined for recovery operations subject to 40 CFR Part 262, Subpart H or this article. Hazardous wastes subject to amber-list controls are subject to the requirements of 40 CFR section 262.83(b) or subsection (b) of this section; hazardous wastes subject to red-list controls are subject to the requirements of 40 CFR section 262.83(c) or subsection (c) of this section; and wastes not identified on any list are subject to the requirements of 40 CFR section 262.83(d) or subsection (d) of this section.
(b) Amber-list wastes. The export from the U.S. of hazardous wastes as described in 40 CFR section 262.80(a) or section 66262.80(a) that appear on the amber-list is prohibited unless the notification and consent requirements of 40 CFR section 262.83(b)(1) or section 262.83(b)(2) or subsection (b)(1) or subsection (b)(2) of this section are met.
(1) Transactions requiring specific consent:
(A) Notification. At least forty-five (45) days prior to commencement of the transfrontier movement, the notifier shall provide written notification in English of the proposed transfrontier movement to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460, with the words "Attention: OECD Export Notification" prominently displayed on the envelope. This notification shall include all of the information identified in 40 CFR section 262.83(e) or subsection (e) of this section. In cases where wastes having similar physical and chemical characteristics, the same United Nations classification, and the same RCRA waste codes are to be sent periodically to the same recovery facility by the same notifier, the notifier shall submit one notification of intent to export these wastes in multiple shipments during a period of up to one year.
(B) Tacit consent. If no objection has been lodged by any concerned country  (i.e., exporting, importing, or transit countries) to a notification provided pursuant to 40 CFR section 262.83(b)(1)(i) or subsection (b)(1)(A) of this section within 30 days after the date of issuance of the Acknowledgment of Receipt of notification by the competent authority of the importing country, the transfrontier movement shall commence. Tacit consent expires one calendar year after the close of the 30-day period; renotification and renewal of all consents is required for exports after that date.
(C) Written consent. If the competent authorities of all the relevant OECD importing and transit countries provide written consent in a period less than 30 days, the transfrontier movement shall commence immediately after all necessary consents are received. Written consent expires for each relevant OECD importing and transit country one calendar year after the date of that country's consent unless otherwise specified; renotification and renewal of each expired consent is required for exports after that date.
(2) Shipments to facilities pre-approved by the competent authorities of the importing countries to accept specific wastes for recovery:
(A) The notifier shall provide USEPA the information identified in 40 CFR section 262.83(e) or subsection (e) of this section in English, at least 10 days in advance of commencing shipment to a pre-approved facility. The notification should indicate that the recovery facility is pre-approved, and shall apply to a single specific shipment or to multiple shipments as described in 40 CFR section 262.83(b)(1)(i) or subsection (b)(1)(A) of this section. This information shall be sent to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460, with the words "OECD Export Notification - Pre-approved Facility" prominently displayed on the envelope.
(B) Shipments shall commence after the notification required in 40 CFR section 262.83(b)(1)(i) or subsection (b)(1)(A) of this section has been received by the competent authorities of all concerned countries, unless the notifier has received information indicating that the competent authorities of one or more concerned countries objects to the shipment.
(c) Red-list wastes. The export from the U.S. of hazardous wastes as described in 40 CFR section 262.80(a) or section 66262.80(a) that appear on the red-list is prohibited unless notice is given pursuant to 40 CFR section 262.83(b)(1)(i) or subsection (b)(1)(A) of this section and the notifier receives written consent from the importing country and any transit countries prior to commencement of the transfrontier movement.
(d) Unlisted wastes. Wastes not assigned to the green-, amber-, or red-list that are considered hazardous under U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a) are subject to the notification and consent requirements established for red-list wastes in accordance with 40 CFR section 262.83(c) or subsection (c) of this section. Unlisted wastes that are not considered hazardous under U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a) are not subject to amber or red controls when exported or imported.
(e) Notification information. Notifications submitted under 40 CFR section 262.83 or this section shall include:
(1) Serial number or other accepted identifier of the notification form;
(2) Notifier name and USEPA identification number (if applicable), address, and telephone and telefax numbers;
(3) Importing recovery facility name, address, telephone and telefax numbers, and technologies employed;
(4) Consignee name (if not the owner or operator of the recovery facility) address, and telephone and telefax numbers; whether the consignee will engage in waste exchange or storage prior to delivering the waste to the final recovery facility and identification of recovery operations to be employed at the final recovery facility;
(5) Intended transporters or their agents;
(6) Country of export and relevant competent authority, and point of departure;
(7) Countries of transit and relevant competent authorities and points of entry and departure;
(8) Country of import and relevant competent authority, and point of entry;
(9) Statement of whether the notification is a single notification or a general notification. If general, include period of validity requested;
(10) Date foreseen for commencement of transfrontier movement;
(11) Designation of waste type(s) from the appropriate list (amber or red and waste list code), descriptions of each waste type, estimated total quantity of each, RCRA waste code, and United Nations number for each waste type; and
(12) Certification/Declaration signed by the notifier that states:
I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally- enforceable written contractual obligations have been entered into, and that any applicable insurance or other financial guarantees are or shall be in force covering the transfrontier movement.
Name: _____________________________________
Signature: ________________________________
Date: _____________________________________
The U.S. does not currently require financial assurance; however, U.S. exporters may be asked by other governments to provide and certify to such assurance as a condition of obtaining consent to a proposed movement.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.83. 
  
 



s 66262.84. Tracking Document.
 (a) All U.S. parties subject to the contract provisions of 40 CFR section 262.85 or section 66262.85 shall ensure that a tracking document meeting the conditions of 40 CFR section 262.84(b) or section 66262.84(b) accompanies each transfrontier shipment of wastes subject to amber-list or red-list controls from the initiation of the shipment until it reaches the final recovery facility, including cases in which the waste is stored and/or exchanged by the consignee prior to shipment to the final recovery facility, except as provided in 40 CFR sections 262.84(a)(1) and (2) or subsections (a)(1) and (a)(2) of this section.
(1) For shipments of hazardous waste within the U.S. solely by water (bulk shipments only) the generator shall forward the tracking document with the manifest to the last water (bulk shipment) transporter to handle the waste in the U.S. if exported by water, (in accordance with the manifest routing procedures of 40 CFR section 262.23(c) or section 66262.23(c)).
(2) For rail shipments of hazardous waste within the U.S. which originate at the site of generation, the generator shall forward the tracking document with the manifest (in accordance with the routing procedures for the manifest in 40 CFR section 262.23(d) or section 66262.23(d)) to the next non-rail transporter, if any, or the last rail transporter to handle the waste in the U.S. if exported by rail.
(b) The tracking document shall include all information required under 40 CFR section 262.83 or section 66262.83 (for notification), and the following:
(1) Date shipment commenced.
(2) Name (if not notifier), address, and telephone and telefax numbers of primary exporter.
(3) Company name and USEPA identification number of all transporters.
(4) Identification (license, registered name or registration number) of means of transport, including types of packaging.
(5) Any special precautions to be taken by transporters.
(6) Certification/declaration signed by notifier that no objection to the shipment has been lodged as follows:
I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally- enforceable written contractual obligations have been entered into, that any applicable insurance or other financial guarantees are or shall be in force covering the transfrontier movement, and that:
1. All necessary consents have been received; OR
2. The shipment is directed at a recovery facility within the OECD area and no objection has been received from any of the concerned countries within the 30 day tacit consent period; OR
3. The shipment is directed at a recovery facility pre-authorized for that type of waste within the OECD area; such an authorization has not been revoked, and no objection has been received from any of the concerned countries.
Name: ______________________________
Signature: _________________________
Date: ______________________________
(7) Appropriate signatures for each custody transfer (e.g., transporter, consignee, and owner or operator of the recovery facility).
(c) Notifiers also shall comply with the special manifest requirements of 40 CFR section 262.54(a), (b), (c), (e), and (i) or sections 66262.54(a), (b), (c), (e), and (i) and consignees shall comply with the import requirements of 40 CFR Part 262, Subpart F or section 66262.60.
(d) Each U.S. person that has physical custody of the waste from the time the movement commences until it arrives at the recovery facility shall sign the tracking document (e.g., transporter, consignee, and owner or operator of the recovery facility).
(e) Within three (3) working days of the receipt of imports subject to 40 CFR Part 262, Subpart H or this article, the owner or operator of the U.S. recovery facility shall send signed copies of the tracking document to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460, and to the competent authorities of the exporting and transit countries.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.84. 
  
 



s 66262.85. Contracts.
 (a) Transfrontier movements of hazardous wastes subject to amber or red control procedures are prohibited unless they occur under the terms of a valid written contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Such contracts or equivalent arrangements shall be executed by the notifier and the owner or operator of the recovery facility, and shall specify responsibilities for each. Contracts or equivalent arrangements are valid for the purposes of 40 CFR section 262.85 or this section only if persons assuming obligations under the contracts or equivalent arrangements have appropriate legal status to conduct the operations specified in the contract or equivalent arrangement.
(b) Contracts or equivalent arrangements shall specify the name and USEPA ID number, where available, of:
(1) The generator of each type of waste;
(2) Each person who will have physical custody of the wastes;
(3) Each person who will have legal control of the wastes;
(4) The recovery facility.
(c) Contracts or equivalent arrangements shall specify which party to the contract will assume responsibility for alternate management of the wastes if its disposition cannot be carried out as described in the notification of intent to export. In such cases, contracts shall specify that:
(1) The person having actual possession or physical control over the wastes will immediately inform the notifier and the competent authorities of the exporting and importing countries and, if the wastes are located in a country of transit, the competent authorities of that country; and
(2) The person specified in the contract will assume responsibility for the adequate management of the wastes in compliance with applicable laws and regulations including, if necessary, arranging their return to the original country of export.
(d) Contracts shall specify that the consignee will provide the notification required in 40 CFR section 262.82(c) or section 66262.82(c) prior to re-export of controlled wastes to a third country.
(e) Contracts or equivalent arrangements shall include provisions for financial guarantees, if required by the competent authorities of any concerned country, in accordance with applicable national or international law requirements. Financial guarantees so required are intended to provide for alternate recycling, disposal or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen. The U.S. does not require such financial guarantees at this time; however, some OECD countries do. It is the responsibility of the notifier to ascertain and comply with such requirements; in some cases, transporters or consignees may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees.
(f) Contracts or equivalent arrangements shall contain provisions requiring each contracting party to comply with all applicable requirements of 40 CFR Part 262, Subpart H or this article.
(g) Upon request by USEPA, U.S. notifiers, consignees, or recovery facilities shall submit to USEPA copies of contracts, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Information contained in the contracts or equivalent arrangements for which a claim of confidentiality is asserted accordance with 40 CFR section 2.203(b) will be treated as confidential and will be disclosed by USEPA only as provided in 40 CFR section 260.2. Although the U.S. does not require routine submission of contracts at this time, OECD Council Decision C(92)39/FINAL allows members to impose such requirements. When other OECD countries require submission of partial or complete copies of the contract as a condition to granting consent to proposed movements, USEPA will request the required information; absent submission of such information, some OECD countries may deny consent for the proposed movement.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.85. 
  
 



s 66262.86. Provisions Relating to Recognized Traders.
 (a) A recognized trader who takes physical custody of a waste and conducts recovery operations (including storage prior to recovery) is acting as the owner or operator of a recovery facility and shall be so authorized in accordance with all applicable federal laws.
(b) A recognized trader acting as a notifier or consignee for transfrontier shipments of waste shall comply with all the requirements of 40 CFR Part 262, Subpart H or this article associated with being a notifier or consignee.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.86. 
  
 



s 66262.87. Reporting and Recordkeeping.
 (a) Annual reports. For all waste movements subject to 40 CFR Part 262, Subpart H or this article, persons (e.g., notifiers, recognized traders) who meet the definition of primary exporter in 40 CFR section 262.51 shall file an annual report with the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460, no later than March 1 of each year summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year. (If the primary exporter is required to file an annual report for waste exports that are not covered under 40 CFR Part 262, Subpart H or this article, the primary exporter may include all export information in one report provided the following information on exports of waste destined for recovery within the designated OECD member countries is contained in a separate section). Such reports shall include the following:
(1) The USEPA identification number, name, and mailing and site address of the notifier filing the report;
(2) The calendar year covered by the report;
(3) The name and site address of each final recovery facility;
(4) By final recovery facility, for each hazardous waste exported, a description of the hazardous waste, the USEPA hazardous waste number (from 40 CFR Part 261, Subpart C or D), designation of waste type(s) from OECD waste list and applicable waste code from the OECD lists, Department of Transportation (DOT) hazard class, the name and USEPA identification number (where applicable) for each transporter used, the total amount of hazardous waste shipped pursuant to 40 CFR Part 262, Subpart H or this article, and number of shipments pursuant to each notification;
(5) In even numbered years, for each hazardous waste exported, except for hazardous waste produced by exporters of greater than 100 kilograms (kg) but less than 1000 kg in a calendar month, and except for hazardous waste for which information was already provided pursuant to 40 CFR section 262.41:
(A) A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated; and
(B) A description of the changes in volume and toxicity of the waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984; and
(6) A certification signed by the person acting as primary exporter that states:
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment.
(b) Exception reports. Any person who meets the definition of primary exporter in 40 CFR section 262.51 shall file an exception report in lieu of the requirements of 40 CFR section 262.42 with the USEPA Administrator if any of the following occurs:
(1) The primary exporter has not received a copy of the tracking documentation signed by the transporter stating point of departure of the waste from the United States, within forty-five (45) days from the date it was accepted by the initial transporter;
(2) Within ninety (90) days from the date the waste was accepted by the initial transporter, the notifier has not received written confirmation from the recovery facility that the hazardous waste was received;
(3) The waste is returned to the United States.
(c) Recordkeeping.
(1) Persons who meet the definition of primary exporter in 40 CFR section 262.51 shall keep the following records:
(A) A copy of each notification of intent to export and all written consents obtained from the competent authorities of concerned countries for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;
(B) A copy of each annual report for a period of at least three years from the due date of the report; and
(C) A copy of any exception reports and a copy of each confirmation of delivery (i.e., tracking documentation) sent by the recovery facility to the notifier for at least three years from the date the hazardous waste was accepted by the initial transporter or received by the recovery facility, whichever is applicable.
(2) The periods of retention referred to in 40 CFR section 262.87 or this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the USEPA Administrator.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.87. 
  
 



s 66262.88. Pre-approval for U.S. Recovery Facilities.
[Reserved.]

 



s 66262.89. OECD Waste Lists.
 (a) General. For the purposes of 40 CFR Part 262, Subpart H or this article, a waste is considered hazardous under U.S. national procedures, and hence subject to 40 CFR Part 262, Subpart H or this article, if the waste:
(1) Meets the Federal definition of hazardous waste in 40 CFR section 261.3; and
(2) Is subject to either the Federal manifesting requirements of 40 CFR Part 262, subpart B, or to the universal waste management standards of 40 CFR Part 273.
(b) If a waste is hazardous under 40 CFR section 262.89(a) or subsection (a) of this section and it appears on the amber- or red-list, it is subject to amber- or red-list requirements respectively;
(c) If a waste is hazardous under 40 CFR 262.89(a) or subsection (a) of this section and it does not appear on either amber- or red-lists, it is subject to red-list requirements.
(d) The appropriate control procedures for hazardous wastes and hazardous waste mixtures are addressed in 40 CFR section 262.82 or section 66262.82.
(e) The OECD Green-List of Wastes (revised May 1994), Amber- List of Wastes, and Red-List of Wastes (both revised May 1993) as set forth in Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council Decision C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations) are incorporated by reference. These incorporations by reference in federal regulations were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51, on July 11, 1996. These materials are incorporated as they exist on the date of the approval and a notice of any change in these materials will be published in the Federal Register. The materials are available for inspection at: the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC; Environmental Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket #F-94-IEHF-FFFFF) and may be obtained from the Organization for Economic Co-operation and Development, Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.89. 
  
 



Appendix
Uniform Hazardous Waste Manifest, Continuation Sheet and Instructions
 
(EPA Forms 8700-22 and 8700-22A and Their Instructions)
 
U.S. EPA Form 8700-22
 
Read all instructions before completing this form.
1. This form has been designed for use on a 12-pitch (elite) typewriter which is also compatible with standard computer printers; a firm point pen may also be used - press down hard.
2. Federal regulations require generators and transporters of hazardous waste and owners or operators of hazardous waste treatment, storage, and disposal facilities to complete this form (FORM 8700-22) and, if necessary, the continuation sheet (FORM 8700-22A) for both inter- and intrastate transportation of hazardous waste.
MANIFEST 8700-22
 
The following statement must be included with each Uniform Hazardous Waste Manifest, either on the form, in the instructions to the form, or accompanying the form:
Public reporting burden for this collection of information is estimated to average: 30 minutes for generators, 10 minutes for transporters, and 25 minutes for owners or operators of treatment, storage, and disposal facilities. This includes time for reviewing instructions, gathering data, completing, reviewing and transmitting the form. Any correspondence regarding the PDA burden statement for the manifest must be sent to the Director of the Collection Strategies Division in EPA's Office of Information Collection at the following address: U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW., Washington, D.C. 20460.
I. INSTRUCTIONS FOR GENERATORS
 
Item 1. Generator's U.S. EPA Identification Number
 
Enter the generator's U.S. EPA twelve digit identification number, or the State generator identification number if the generator site does not have an EPA identification number.
Item 2. Page 1 of _____
 
Enter the total number of pages used to complete this Manifest (i.e., the first page (EPA Form 8700-22) plus the number of Continuation Sheets (EPA Form 8700- 22A), if any).
Item 3. Emergency Response Phone Number
 
Enter a phone number for which emergency response information can be obtained in the event of an incident during transportation. The emergency response phone number must:
1. Be the number of the generator or the number of an agency or organization who is capable of and accepts responsibility for providing detailed information about the shipment;
2. Reach a phone that is monitored 24 hours a day at all times the waste is in transportation (including transportation related storage); and
3. Reach someone who is either knowledgeable of the hazardous waste being shipped and has comprehensive emergency response and spill cleanup/incident mitigation information for the material being shipped or has immediate access to a person who has that knowledge and information about the shipment.
Note:Emergency Response phone number information should only be entered in Item 3 when there is one phone number that applies to all the waste materials described in Item 9b. If a situation (e.g., consolidated shipments) arises where more than one Emergency Response phone number applies to the various wastes listed on the manifest, the phone numbers associated with each specific material should be entered after its description in Item 9b.
Item 4. Manifest Tracking Number
 
This unique tracking number must be pre-printed on the manifest by the forms printer.
Item 5. Generator's Mailing Address, Phone Number and Site Address
 
Enter the name of the generator, the mailing address to which the completed manifest signed by the designated facility should be mailed, and the generator's telephone number. Note, the telephone number (including area code) should be the normal business number for the generator, or the number where the generator or his authorized agent may be reached to provide instructions in the event the designated and/or alternate (if any) facility rejects some or all of the shipment. Also enter the physical site address from which the shipment originates only if this address is different than the mailing address.
Item 6. Transporter 1 Company Name, and U.S. EPA ID Number
 
Enter the company name and U.S. EPA ID number of the first transporter who will transport the waste. Vehicle or driver information may not be entered here.
Item 7. Transporter 2 Company Name and U.S. EPA ID Number
 
If applicable, enter the company name and U.S. EPA ID number of the second transporter who will transport the waste. Vehicle or driver information may not be entered here. If more than two transporters are needed, use a Continuation Sheet(s) (EPA Form 8700-22A).
Item 8. Designated Facility Name, Site Address, and U.S. EPA ID Number
 
Enter the company name and site address of the facility designated to receive the waste listed on this manifest. Also enter the facility's phone number and the U.S. EPA twelve digit identification number of the facility.
Item 9. U.S. DOT Description (Including Proper Shipping Name, Hazard Class or
Division, Identification Number, and Packing Group)
 
Item 9a.If the wastes identified in Item 9b consist of both hazardous and nonhazardous materials, then identify the hazardous materials by entering an "X" in this Item next to the corresponding hazardous material identified in Item 9b.
If applicable, enter the name of the person accepting the waste on behalf of the second transporter. That person must acknowledge acceptance of the waste described on the manifest by signing and entering the date of receipt.
Note:Transporters carrying imports, who are acting as importers, may have responsibilities to enter information in the International Shipments Block. Transporters carrying exports may also have responsibilities to enter information in the International Shipments Block. See above instructions for Item 16.
Item 9b.Enter the U.S. DOT Proper Shipping Name, Hazard Class or Division, Identification Number (UN/NA) and Packing Group for each waste as identified in 49 CFR 172. Include technical name(s) and reportable quantity references, if applicable.
Note:If additional space is needed for waste descriptions, enter these additional descriptions in Item 27 on the Continuation Sheet (EPA Form 8700- 22A). Also, if more than one Emergency Response phone number applies to the various wastes described in either Item 9b or Item 27, enter applicable Emergency Response phone numbers immediately following the shipping descriptions for those Items.
Item 10. Containers (Number and Type)
 
Enter the number of containers for each waste and the appropriate abbreviation from Table I (below) for the type of container.
TABLE I. TYPES OF CONTAINERS BA = Burlap, cloth, paper, or plastic bags CF =
Fiber or plastic boxes, cartons, cases CM = Metal boxes, cartons, cases 
(including roll-offs) CW = Wooden boxes, cartons, cases CY = Cylinders DF =
Fiberboard or plastic drums, barrels, kegs DM = Metal drums, barrels, kegs DT =
Dump truck DW = Wooden drums, barrels, kegs HG = Hopper or gondola cars TC =
Tank cars TP = Portable tanks TT = Cargo tanks (tank trucks)
 
Item 11. Total Quantity
 
Enter, in designated boxes, the total quantity of waste. Round partial units to the nearest whole unit, and do notenter decimals or fractions. To the extent practical, report quantities using appropriate units of measure that will allow you to report quantities with precision. Waste quantities entered should be based on actual measurements or reasonably accurate estimates of actual quantities shipped. Container capacities are generally not acceptable as estimates.
Item 12. Units of Measure (Weight/Volume)
 
Enter, in designated boxes, the appropriate abbreviation from Table II (below) for the unit of measure.
TABLE II. UNITS OF MEASURE G = Gallons (liquids only) K = Kilograms L = Liters 
(liquids only) M = Metric Tons (1000 kilograms) N = Cubic Meters P = Pounds T =
Tons (2000 pounds) Y = Cubic Yards
 
Note:Tons, Metric Tons, Cubic Meters, and Cubic Yards should only be reported in connection with very large bulk shipments, such as rail cars, tank trucks, or barges.
Item 13. Waste Codes
 
Enter up to six federal and state waste codes to describe each waste stream identified in Item 9b. State waste codes that are not redundant with federal codes must be entered here, in addition to the federal waste codes which are most representative of the properties of the waste.
Item 14. Special Handling Instructions and Additional Information.
 
1. Generators may enter any special handling or shipment-specific information necessary for the proper management or tracking of the materials under the generator's or other handler's business processes, such as waste profile numbers, container codes, bar codes, or response guide numbers. Generators also may use this space to enter additional descriptive information about their shipped materials, such as chemical names, constituent percentages, physical state, or specific gravity of wastes identified with volume units in Item 12.
2. This space may be used to record limited types of federally required information for which there is no specific space provided on the manifest, including any alternate facility designations; the manifest tracking number of the original manifest for rejected wastes and residues that are re-shipped under a second manifest; and the specification of PCB waste descriptions and PCB out-of-service dates required under 40 CFR 761.207. Generators, however, cannot be required to enter information in this space to meet state regulatory requirements.
Item 15. Generator's/Offeror's Certifications
 
1. The generator must read, sign, and date the waste minimization certification statement. In signing the waste minimization certification statement, those generators who have not been exempted by statute or regulation from the duty to make a waste minimization certification under section 3002(b) of RCRA are also certifying that they have complied with the waste minimization requirements. The Generator's Certification also contains the required attestation that the shipment has been properly prepared and is in proper condition for transportation (the shipper's certification). The content of the shipper's certification statement is as follows: "I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked, and labeled/placarded, and are in all respects in proper condition for transport by highway according to applicable international and national governmental regulations. If export shipment and I am the Primary Exporter, I certify that the contents of this consignment conform to the terms of the attached EPA Acknowledgment of Consent." When a party other than the generator prepares the shipment for transportation, this party may also sign the shipper's certification statement as the offeror of the shipment.
2. Generator or Offeror personnel may preprint the words, "On behalf of" in the signature block or may hand write this statement in the signature block prior to signing the generator/offeror certification, to indicate that the individual signs as the employee or agent of the named principal.
Note:All of the above information except the handwritten signature required in Item 15 may be pre-printed.
II. INSTRUCTIONS FOR INTERNATIONAL SHIPMENT BLOCK
 
Item 16. International Shipments
 
For export shipments, the primary exporter must check the export box, and enter the point of exit (city and state) from the United States. For import shipments, the importer must check the import box and enter the point of entry (city and state) into the United States. For exports, the transporter must sign and date the manifest to indicate the day the shipment left the United States. Transporters of hazardous waste shipments must deliver a copy of the manifest to the U.S. EPA when importing or exporting the waste across U.S. borders.
III. INSTRUCTIONS FOR TRANSPORTERS
 
Item 17. Transporters' Acknowledgments of Receipt
 
Enter the name of the person accepting the waste on behalf of the first transporter. That person must acknowledge acceptance of the waste described on the manifest by signing and entering the date of receipt. Only one signature per transportation company is required.
Signatures are not required to track the movement of wastes in and out of transfer facilities, unless there is a change of custody between transporters.
If applicable, enter the name of the person accepting the waste on behalf of the second transporter. That person must acknowledge acceptance of the waste described on the manifest by signing and entering the date of receipt.
Note:Transporters carrying imports or exports of hazardous waste may also have responsibilities to enter information in the International Shipments Block. See above instructions for Item 16.
IV. INSTRUCTIONS FOR OWNERS AND OPERATORS OF TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
 
Item 18 Discrepancy
 
Item 18a. Discrepancy Indication Space
 
1. The authorized representative of the designated (or alternate) facility's owner or operator must note in this space any discrepancies between the waste described on the Manifest and the waste actually received at the facility. Manifest discrepancies are: significant differences (as defined by ss 264.72(b) and 265.72(b)) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity and type of hazardous waste a facility actually receives, rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept, or container residues, which are residues that exceed the quantity limits for "empty" containers set forth in 40 CFR 261.7(b).
2. For rejected loads and residues (40 CFR 264.72(d), (e), and (f), or 40 CFR 265.72(d), (e), or (f)), check the appropriate box if the shipment is a rejected load (i.e., rejected by the designated and/or alternate facility and is sent to an alternate facility or returned to the generator) or a regulated residue that cannot be removed from a container. Enter the reason for the rejection or the inability to remove the residue and a description of the waste. Also, reference the manifest tracking number for any additional manifests being used to track the rejected waste or residue shipment on the original manifest. Indicate the original manifest tracking number in Item 14, the Special Handling Block and Additional Information Block of the additional manifests.
3. Owners or operators of facilities located in unauthorized States (i.e., states in which the U.S. EPA administers the hazardous waste management program) who cannot resolve significant differences in quantity or type within 15 days of receiving the waste must submit to their Regional Administrator a letter with a copy of the Manifest at issue describing the discrepancy and attempts to reconcile it (40 CFR 264.72(c) and 265.72(c)).
4. Owners or operators of facilities located in authorized States (i.e., those States that have received authorization from the U.S. EPA to administer the hazardous waste management program) should contact their State agency for information on where to report discrepancies involving "significant differences" to state officials.
Item 18b. Alternate Facility (or Generator) for Receipt of Full Load Rejections
 
Enter the name, address, phone number, and EPA Identification Number of the Alternate Facility which the rejecting TSDF has designated, after consulting with the generator, to receive a fully rejected waste shipment. In the event that a fully rejected shipment is being returned to the generator, the rejecting TSDF may enter the generator's site information in this space. This field is not to be used to forward partially rejected loads or residue waste shipments.
Item 18c. Alternate Facility (or Generator) Signature.
 
The authorized representative of the alternate facility (or the generator in the event of a returned shipment) must sign and date this field of the form to acknowledge receipt of the fully rejected wastes or residues identified by the initial TSDF.
Item 19. Hazardous Waste Report Management Method Codes
 
Enter the most appropriate Hazardous Waste Report Management Method code for each waste listed in Item 9. The Hazardous Waste Report Management Method code is to be entered by the first treatment, storage, or disposal facility (TSDF) that receives the waste and is the code that best describes the way in which the waste is to be managed when received by the TSDF.
Item 20. Designated Facility Owner or Operator Certification of Receipt (Except
As Noted in Item 18a)
 
Enter the name of the person receiving the waste on behalf of the owner or operator of the facility. That person must acknowledge receipt or rejection of the waste described on the Manifest by signing and entering the date of receipt or rejection where indicated. Since the Facility Certification acknowledges receipt of the waste except as noted in the Discrepancy Space in Item 18a, the certification should be signed for both waste receipt and waste rejection, with the rejection being noted and described in the space provided in Item 18a. Fully rejected wastes may be forwarded or returned using Item 18b after consultation with the generator. Enter the name of the person accepting the waste on behalf of the owner or operator of the alternate facility or the original generator. That person must acknowledge receipt or rejection of the waste described on the Manifest by signing and entering the date they received or rejected the waste in Item 18c. Partially rejected wastes and residues must be re-shipped under a new manifest, to be initiated and signed by the rejecting TSDF as offeror of the shipment.
Illustration # 115: Refer to EPA Form # 8700-22,  Uniform Hazardous Waste
Manifest
 

Manifest Continuation Sheet Instructions -Continuation Sheet, U.S. EPA Form
8700-22A
 
Read all instructions before completing this form. This form has been designed for use on a 12-pitch (elite) typewriter; a firm point pen may also be used - press down hard.
This form must be used as a continuation sheet to U.S. EPA Form 8700-22 if:
SMore than two transporters are to be used to transport the waste; or
SMore space is required for the U.S. DOT descriptions and related information in Item 9 of U.S. EPA Form 8700-22.
Federal regulations require generators and transporters of hazardous waste and owners or operators of hazardous waste treatment, storage, or disposal facilities to use the uniform hazardous waste manifest (EPA Form 8700-22) and, if necessary, this continuation sheet (EPA Form 8700-22A) for both interstate and intrastate transportation.
Item 21. Generator's ID Number
 
Enter the generator's U.S. EPA twelve digit identification number or, the State generator identification number if the generator site does not have an EPA identification number.
Item 22. Page  -
 
Enter the page number of this Continuation Sheet.
Item 23. Manifest Tracking Number
 
Enter the Manifest Tracking number from Item 4 of the Manifest form to which this continuation sheet is attached.
Item 24. Generator's Name -
 
Enter the generator's name as it appears in Item 5 on the first page of the Manifest.
Item 25. Transporter -Company Name
 
If additional transporters are used to transport the waste described on this Manifest, enter the company name of each additional transporter in the order in which they will transport the waste. Enter after the word "Transporter" the order of the transporter. For example, Transporter 3 Company Name. Also enter the U.S. EPA twelve digit identification number of the transporter described in Item 25.
Item 26. Transporter -Company Name
 
If additional transporters are used to transport the waste described on this Manifest, enter the company name of each additional transporter in the order in which they will transport the waste. Enter after the word "Transporter" the order of the transporter. For example, Transporter 4 Company Name. Each Continuation Sheet can record the names of two additional transporters. Also enter the U.S. EPA twelve digit identification number of the transporter named in Item 26.
Item 27. U.S. D.O.T. Description Including Proper Shipping Name, Hazardous
Class, and ID Number (UN/NA)
 
For each row enter a sequential number under Item 27b that corresponds to the order of waste codes from one continuation sheet to the next, to reflect the total number of wastes being shipped. Refer to instructions for Item 9 of the manifest for the information to be entered.
Item 28. Containers (No. And Type)
 
Refer to the instructions for Item 10 of the manifest for information to be entered.
Item 29. Total Quantity
 
Refer to the instructions for Item 11 of the manifest form.
Item 30. Units of Measure (Weight/Volume)
 
Refer to the instructions for Item 12 of the manifest form.
Item 31. Waste Codes
 
Refer to the instructions for Item 13 of the manifest form.
Item 32. Special Handling Instructions and Additional Information
 
Refer to the instructions for Item 14 of the manifest form.
TRANSPORTERS
 
Item 33. Transporter -Acknowledgment of Receipt of Materials
 
Enter the same number of the Transporter as identified in Item 25. Enter also the name of the person accepting the waste on behalf of the Transporter (Company Name) identified in Item 25. That person must acknowledge acceptance of the waste described on the Manifest by signing and entering the date of receipt.
Item 34. Transporter -Acknowledgment of Receipt of Materials
 
Enter the same number of the Transporter as identified in Item 26. Enter also the name of the person accepting the waste on behalf of the Transporter (Company Name) identified in Item 26. That person must acknowledge acceptance of the waste described on the Manifest by signing and entering the date of receipt.
OWNER AND OPERATORS OF TREATMENT, STORAGE, OR DISPOSAL FACILITIES
 
Item 35. Discrepancy Indication Space
 
Refer to Item 18. This space may be used to more fully describe information on discrepancies identified in Item 18a of the manifest form.
Item 36. Hazardous Waste Report Management Method Codes
 
For each field here, enter the sequential number that corresponds to the waste materials described under Item 27, and enter the appropriate process code that describes how the materials will be processed when received. If additional continuation sheets are attached, continue numbering the waste materials and process code fields sequentially, and enter on each sheet the process codes corresponding to the waste materials identified on that sheet.
Illustration # 116: EPA Form Number 8700-22A Manifest Continuation Form
 

 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. References: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 Code of Federal Regulations 262 Appendix; and Hazardous Waste Report, Instructions and Forms (EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787. 
  
 
 



s 66263.10. Applicability.
 (a) These regulations establish standards which apply to persons transporting hazardous waste within, into, out of or through the State if the transportation requires a manifest under section 25160 of the Health and Safety Code.
(b) These regulations do not apply to on-site transportation of hazardous waste by generators or by owners or operators of permitted hazardous waste management facilities.
(c) A transporter of hazardous waste shall also comply with standards applicable to generators of hazardous waste under chapter 12 of this division if the transporter:
(1) transports hazardous waste to a designated facility within the State from outside the United States; or
(2) mixes hazardous wastes of different Federal Department of Transportation  (DOT) shipping descriptions by placing them into a single container.
(d) A transporter of hazardous waste subject to the Federal manifesting requirements of 40 CFR Part 262, or subject to the universal waste management standards of 40 CFR Part 273, that is being imported from or exported to any of the countries listed in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1) for purposes of recovery is subject to 40 CFR Part 262, Subpart H or this article and to all other relevant requirements of 40 CFR Part 262, Subpart H or this article, including, but not limited to, 40 CFR section 262.84 or section 66262.84 for tracking documents.
 
  Note: Authority cited: Sections 208, 25150, 25159, 25159.5 and  25160, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code, 40 CFR Section 263.10. 
  
 



s 66263.11. Application for Registration As a Hazardous Waste Transporter.
 (a) A person desiring registration as a hazardous waste transporter shall apply to the Department by submitting each of the following:
(1) a completed and signed Hazardous Waste Hauler Application form (Form DTSC 187, Rev. 2/92), provided by the Department, which contains a statement certifying that the applicant understands and will comply with the applicable requirements of this chapter;
(2) proof of ability to provide adequate response in damages resulting from the operation of the person's business. For the purpose of this section, adequate response means protection against liability for the payment of damages equivalent to protection required by section 34630, et seq., of the California Vehicle Code. Both of the following are required:
(A) a copy of the insurance policy, if insured, for the required coverage shall be maintained at the transporter's principal place of business within California; and
(B) a Certificate of Insurance, a bond of a California licensed surety company, or evidence of qualification as a self-insurer, shall be provided to the Department which indicates that the minimum coverage has been obtained;
(b) If previously registered, the applicant shall submit an application to the Department at least 45 days prior to the expiration date of the current registration.
(c) The Department shall review applications under section 66263.11 for completeness and shall inform the applicant in writing either that the application is complete and accepted for filing, or that the application is deficient and what specific information, documentation or fees, if any, shall be required to complete the application. The Department shall inform the applicant within fourteen calendar days of receipt of an application for hazardous waste transporter registration. Registration shall be denied unless a complete application is submitted.
(d) The Department shall notify the applicant, in writing, of the Department's decision regarding the completeness of an application. The notification shall be within fourteen calendar days after the date on which the Department determines the application to be complete and accepted for filing pursuant to subsection (c) of this section for hazardous waste transporter registration applications.
 
  Note: Authority cited: Sections 208, 25150, 25168.1, 25186 and  58012, Health and Safety Code; Section 15376, Government Code. Reference: Section 15376, Government Code; Sections 25112.5, 25115.5, 25159, 25163, 25165, 25165.1, 25166, 25166.5, 25167, 25168, 25169 and 58012, Health and Safety Code; Section 2560, Vehicle Code; and 49 CFR section 396.17 
  

 



s 66263.12. Term of Registration.
Registration as a Hazardous Waste Transporter shall expire one year from the date of issuance.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25163, 25165, 25166 and 25167, Health and Safety Code. 
  

 



s 66263.13. Inspection of Transporter.
 (a) Any person who transports or proposes to transport hazardous waste on a highway shall do all of the following in order to ensure compliance with this chapter:
(1) allow the Department of California Highway Patrol to randomly inspect the person's trucks, trailers, semitrailers, vacuum tanks, cargo tanks and containers;
(2) make vehicles and containers available for inspection at a safe work location when a random inspection is conducted onsite by the Department of California Highway Patrol;
(3) allow the Department to inspect manifests, reports, permits, licenses, billing records and other documents related to the handling or transporting of hazardous wastes;
(4) make available to the Department and the Department of California Highway Patrol, when requested, all records of inspection required by section 1163(e), Title 13, California Code of Regulations.
(b) Hazardous waste transporters, their trucks, trailers, semitrailers, vacuum tanks, cargo tanks and containers shall at all times comply with the Vehicle Code; with regulations adopted by the Department of California Highway Patrol, Subchapter 2, commencing with section 620, Subchapter 4, commencing with section 930, Subchapter 6, commencing with section 1150, and Subchapter 6.5, commencing with section 1200, chapter 2, Title 13, California Code of Regulations; and with this chapter. Notwithstanding the provisions of section 1200, chapter 2, Title 13, California Code of Regulations, all vehicles used for transporting hazardous waste on a highway shall be subject to the provisions of Subchapter 6.5, commencing with section 1200, chapter 2, Title 13, California Code of Regulations.
(c) The Department of California Highway Patrol or the Department may require testing, under prescribed conditions, of trucks, trailers, semitrailers, vacuum tanks, cargo tanks or containers used to transport hazardous wastes, in order to ensure compliance with this chapter.
(d) When so requested by the Department of California Highway Patrol or the Department, a hazardous waste transporter shall, within a reasonable period of time, perform any or all of the following actions:
(1) remove hazardous wastes or materials from the tank's containers, pipes, hoses or other appurtenances of a truck, trailer, semitrailer, vacuum tank, cargo tank or container in order to make it safe to inspect;
(2) remove covers and take other steps necessary to allow inspection;
(3) present the manifest for the waste last held in each truck, trailer, semitrailer, vacuum tank, cargo tank or container to be inspected.
(e) All vehicles and containers and any attached equipment used for the transportation of hazardous waste must be in sound condition and containers must be designed or maintained to contain hazardous waste.
 
  Note: Authority cited: Sections 208, 25150, 25168.1 and 58012, Health and Safety Code. Reference: Sections 25159, 25168, 25169.1, 25185, 25186 and 58012, Health and Safety Code; and Sections 34001 to 34102, Vehicle Code. 
  
 



s 66263.14. [Reserved].
 
  Note: Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25168, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66263.15. Transporter Registration Reporting Requirements.
 (a) A registered hazardous waste transporter shall notify the Department in writing within 30 days of the following occurrences:
(1) the transporter changes majority ownership, name or location;
(2) ownership or control of a vehicle or container certified by the Department is changed;
(3) a truck, trailer, semitrailer, vacuum tank, cargo tank, or container certified by the Department is involved in any spill, or in an accident which renders or may have rendered the vehicle or container in noncompliance with the requirements of this chapter.
(b) A registered hazardous waste transporter shall notify the Department in writing immediately upon notice of loss of the liability coverage specified in section 66263.11. A transporter shall cease to transport hazardous waste upon loss of liability coverage.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25163, 25169 and 25186, Health and Safety Code. 
  
 



s 66263.16. Hazardous Waste Containers.
 (a) Each truck, trailer, semitrailer, vacuum tank, cargo tank or container used for shipping hazardous waste shall be so designed and constructed, and its contents so limited, that under conditions normally incident to transportation, there shall be no release of hazardous waste to the environment.
(b) Any truck, trailer, semitrailer, vacuum tank, cargo tank or container used for shipping hazardous waste shall be free from leaks and all discharge openings shall be securely closed during transportation.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163 and 25168.1, Health and Safety Code. 
  
 



s 66263.17. Identification Number for Transporters.
 (a) A transporter shall not transport hazardous wastes without first receiving an Identification Number and a registration certificate from the Department.
(b) A transporter who has not received an Identification Number may obtain one by applying to the USEPA Administrator or to the Department using EPA Form 8700-12 (Rev. 11/85). Upon receiving the request, the Department or the USEPA Administrator will assign an Identification Number to the transporter.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5,  25165 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25165, Health and Safety Code, 40 CFR Section 263.11. 
  
 



s 66263.18. Exempt Transfer Facility.
 (a) A transfer facility, as defined in section 25123.3(a)(3) of the Health and Safety Code, is not subject to the requirements of chapters 14, 15, 18 and 20 regarding a permit for waste storage when, during the normal course of transportation, hazardous waste is held as specified in subsection (b), and:
(1) manifested shipments of packaged or containerized hazardous wastes meeting the packaging requirements of section 66262.30 are only transferred from one vehicle to another; and
(2) the packages or containers used in this transfer shall be the same packages or containers used for transporting the hazardous wastes and no additional handling shall take place.
(b) Hazardous waste is held at a transfer facility and any one of the following apply:
(1) if located in an area zoned by the local planning authority for industrial or agricultural land use, and hazardous wastes is held for 10 days or less, unless subject to subsection (b)(2).
(2) if located in an area zoned agricultural by the local planning authority that commenced initial operations before January 1, 2005 and is located within 500 feet of a structure identified in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (b) of Section 25232 of the Health and Safety Code, and hazardous waste is held for six days or less.
(3) if located on land zoned by the local planning authority for other land use, unless subject to paragraph (1) and (2) of subsection (b) or not prohibited by subsection (c), and hazardous waste is held for six days or less.
(c) The transfer facility exemption of this section does not apply and is prohibited as follows:
(1) on property zoned residential by the local planning authority; or
(2) at a transfer facility that commenced initial operations on and after January 1, 2005 and is located within 500 feet of a structure identified in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (b) of section 25232 of the Health and Safety Code.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25168.1, Health and Safety Code. Reference: Sections 25123.3, 25159, 25159.5 and 25232, Health and Safety Code; and 40 Code of Federal Regulations Section 263.12. 
  
 



s 66263.20. Manifest Procedures for the Transporter.
 (a) A transporter shall not accept hazardous waste from a generator unless it is accompanied by a manifest completed and signed in accordance with the provisions of article 2, chapter 12 of this division. In the case of RCRA hazardous waste exports other than those subject to Subpart H of 40 Code of Federal Regulations Part 262 or this article, a transporter shall not accept such waste from a primary exporter or other person (1) if the transporter knows the shipment does not conform to the U.S. EPA Acknowledgment of Consent; and (2) unless, in addition to a manifest signed in accordance with the provisions of article 2, chapter 12 of this division, such waste is also accompanied by an U.S. EPA Acknowledgment of Consent which, except for shipment by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment)). For exports of hazardous waste subject to the requirements of Subpart H of 40 Code of Federal Regulations Part 262, or this article, a transporter shall not accept hazardous waste without a tracking document that includes all information required by 40 Code of Federal Regulations section 262.84 or section 66262.84 of this division.
(b) Before transporting the hazardous waste, the transporter shall complete, sign and date the Transporter of Waste section of the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter shall return a signed copy to the generator prior to removal of the waste from the generator's facility.
(c) The transporter shall ensure that the manifest accompanies the hazardous waste. In the case of RCRA hazardous waste exports, the transporter shall ensure that a copy of the U.S. EPA Acknowledgment of Consent also accompanies the hazardous waste.
(d) The transporter shall have a manifest in the transporter's possession while transporting the hazardous waste and shall release the manifest to another transporter or to the owner or operator of the designated hazardous waste facility accepting the waste.
(e) A transporter transporting hazardous wastes into or out of the State shall have in their possession a manifest with the Generator of Waste and Transporter of Waste sections completed.
(f) The transporter shall submit to the Department a legible copy of the manifest completed by the generator, transporter and hazardous waste facility owner or operator for each load of hazardous waste transported out of the State, within 15 days of the date that the load is accepted by the designated facility on the manifest. The manifest shall state the name and complete address of the hazardous waste facility to which the waste is transported. The transporter shall submit this copy to the Department at:
DTSC Facility Manifests (Transporter Copy)
 
P.O. Box 3000
 
Sacramento, CA 95812-3000
 
(g) A transporter who delivers a hazardous waste to another transporter or to the designated facility shall:
(1) obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest; and
(2) retain one copy of the manifest in accordance with section 66263.22; and
(3) give the remaining copies of the manifest to the accepting transporter or designated facility.
(h) The requirements of subsections (c), (g) and (i) of this section do not apply to water (bulk shipment) transporters if:
(1) the hazardous waste is delivered by water (bulk shipment) to the designated facility; and
(2) a shipping paper containing all the information required on the manifest  (excluding the Identification Numbers, generator certification, and signatures) and, for RCRA hazardous waste exports, an U.S. EPA Acknowledgment of Consent accompanies the hazardous waste; and
(3) the delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper; and
(4) the person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and
(5) a copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with section 66263.22.
(i) For shipments involving rail transportation, the requirements of subsections (c), (e), (g) and (h) do not apply and the following requirements do apply:
(1) when accepting hazardous waste from a non-rail transporter, the initial rail transporter shall:
(A) sign and date the manifest acknowledging acceptance of the hazardous waste;
(B) return a signed copy of the manifest to the non-rail transporter;
(C) forward at least three copies of the manifest to:
1. the next non-rail transporter, if any; or,
2. the designated facility, if the shipment is delivered to that facility by rail; or
3. the last rail transporter designated to handle the waste in the United States;
(D) retain one copy of the manifest and rail shipping paper in accordance with section 66263.22.
(2) Rail transporters shall ensure that a shipping paper containing all the information required on the manifest (excluding the Identification Numbers, generator certification, and signatures) and, for exports of RCRA hazardous waste an U.S. EPA Acknowledgment of Consent accompanies the hazardous waste at all times. Intermediate rail transporters are not required to sign either the manifest or shipping paper.
(3) When delivering hazardous waste to the designated facility, a rail transporter shall:
(A) obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and
(B) retain a copy of the manifest or signed shipping paper in accordance with section 66263.22.
(4) When delivering hazardous waste to a non-rail transporter a rail transporter shall:
(A) obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest; and
(B) retain a copy of the manifest in accordance with section 66263.22.
(5) Before accepting hazardous waste from a rail transporter, a non-rail transporter shall sign and date the manifest and provide a copy to the rail transporter.
(j) Transporters who transport hazardous waste out of the United States shall:
(1) for shipments initiated before September 5, 2006, indicate on the manifest the date the hazardous waste left the United States from the State.
For shipments initiated on and after September 5, 2006, sign and date the manifest in the International Shipments block (Item 16) to indicate the date that the shipment left the United States; and
(2) for shipments initiated before September 5, 2006, sign the manifest and retain one copy in accordance with section 66263.22(c).
For shipments initiated on and after September 5, 2006, retain one copy in accordance with section 66263.22, subsection (d); and
(3) return a signed copy of the manifest to the generator; and
(4) for RCRA-regulated hazardous waste, give a copy of the manifest to a U.S. Customs official at the point of departure from the United States.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25160,  25161 and 25162, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25160 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 263.20. 
  
 



s 66263.21. Transporter Compliance with the Manifest.
 (a) The transporter shall deliver the entire quantity of hazardous waste which that transporter has accepted from a generator or a transporter to:
(1) the designated facility listed on the manifest; or
(2) the alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery; or
(3) the next designated transporter; or
(4) the place outside the United States designated by the generator.
(b) For shipments initiated before September 5, 2006, if the hazardous waste cannot be delivered in accordance with paragraph (a) of this section, the transporter shall contact the generator for further directions and shall revise the manifest according to the generator's instructions.
(1) For shipments initiated on and after September 5, 2006, if the hazardous waste cannot be delivered in accordance with paragraph (a) of this section because of an emergency condition other than rejection of the waste by the designated facility, then the transporter shall contact the generator for further directions and shall revise the manifest according to the generator's instructions.
(2) If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter shall obtain the following:
(A) For a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's date and signature, and the Manifest Tracking Number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter shall retain a copy of this manifest in accordance with 66263.22, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter shall obtain a new manifest from the facility to accompany the shipment, and the new manifest shall include all of the information required in sections 66264.72 subsections (e)(1)-(6) or (f)(1)-(6) or 66265.72 subsections (e)(1)-(6) or (f)(1)-(6).
(B) For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and Identification Number for the alternate facility or generator to whom the shipment shall be delivered. The transporter shall retain a copy of the manifest in accordance with section 66263.22, and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter shall obtain a new manifest from the facility for the shipment and comply with sections 66264.72 subsections (e)(1)-(6) or 66265.72 subsections (e)(1)-(6).
(c) Whenever hazardous waste is received by a facility from a transporter in a vehicle or bulk container that will be removed from the facility after emptying, the transporter shall determine by inspection whether the vehicle or bulk container is empty pursuant to section 66261.7 prior to the removal of the container from the facility.
(d) If the vehicle or bulk container cannot be rendered empty pursuant to section 66261.7 by equipment and methods available at the facility, the transporter shall contact the generator pursuant to subsection (b), prior to removing the vehicle or bulk container from the facility. If the vehicle or bulk container is not empty, the transporter shall not move the vehicle or bulk container without a new manifest prepared pursuant to sections 66264.72 or 66265.72 or, if the facility is out of state, 40 Code of Federal Regulations sections 264.72 or 265.72.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25160 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25160 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 263.21. 
  
 



s 66263.22. Recordkeeping Requirements for the Transporter.
 (a) A transporter of hazardous waste shall sign and keep a copy of the manifest signed by the generator and the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous waste was accepted by the initial transporter.
(b) For shipments delivered to the designated facility by water (bulk shipment), each water (bulk shipment) transporter must retain a copy of the shipping paper containing all the information required in section 66263.20(g)(2) for a period of three years from the date the hazardous waste was accepted by the initial transporter.
(c) For shipments of hazardous waste by rail within, into, out of or through the State:
(1) the initial rail transporter within the State shall keep a copy of the manifest and shipping paper with all the information required in section 66263.20(h)(2) for a period of three years from the date the hazardous waste was accepted by the initial transporter; and
(2) the final rail transporter within the State shall keep a copy of the signed manifest (or the shipping paper if signed by the designated facility in lieu of the manifest) for a period of three years from the date the hazardous waste was accepted by the initial transporter. Intermediate rail transporters are not required to keep records pursuant to these regulations.
(d) A transporter who transports hazardous waste out of the United States from the State of California shall keep a copy of the manifest indicating that the hazardous waste left the United States for a period of three years from the date the hazardous waste was accepted by the initial transporter.
(e) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5,  25160 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code, 40 CFR Section 263.22. 
  
 



s 66263.23. Operation Requirements for the Transporter.
 (a) The transporter of a hazardous waste shall comply with requirements of this division and with applicable provisions of hazardous materials regulations adopted by the Department of California Highway Patrol, article 3, commencing with section 1160, subchapter 6, chapter 2, title 13, California Code of Regulations, pursuant to sections 34500 and 34501, Vehicle Code, governing containers, packing, labels, marking, vehicle placards, shipping papers, loading, shipping certificates and incident reporting.
(b) No transporter shall deliver hazardous waste to other than a hazardous waste facility which has an appropriate and valid Hazardous Waste Facility Permit or which is otherwise authorized by the Department to receive the waste.
(c) The transporter shall use a covered container to transport hazardous wastes that are subject to volatilization or dispersal by wind.
(d) Every vehicle used by a transporter to transport hazardous waste shall have the name or trademark of the firm on each side of the vehicle or container. The lettering shall be a color contrasting with the background so as to be readily legible during daylight from a distance of 50 feet.
 
  Note: Authority cited: Sections 208, 25150, 25168.1 and 58012, Health and Safety Code. Reference: Sections 25162, 25163, 25168, 25169.1, 25186 and 58012, Health and Safety Code. 
  
 



s 66263.24. Load Rejection and Consolidated Manifesting.
 (a) This section applies to registered transporters operating pursuant to  Health and Safety Code section 25160.2 and that are authorized by the department to operate as a consolidated transporter.
(b) When a consolidated shipment is rejected by an offsite hazardous waste facility, the consolidated transporter may hold that shipment on the transport vehicle at the transporter's facility for no more than 10 days from the date the shipment is rejected, consistent with paragraph (3) of subdivision (b) of section 25123.3 of the Health and Safety Code. The transporter may not commingle the consolidated shipment with any other waste.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25160 and  58012, Health and Safety Code. Reference: Sections 25123.3, 25160.2, 25160.6(e) and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 263.21. 
  
 



s 66263.30. Immediate Action by the Transporter in the Case of a Hazardous Waste Discharge.
 (a) In the event of a discharge of hazardous waste during transportation, the transporter shall take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).
(b) If a discharge of hazardous waste occurs during transportation and a representative of the Department, any local health officer or any local public officer as designated by the Department, or any federal agency official, acting within the scope of that person's official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have Identification Numbers, are not registered, and without the preparation of a manifest.
(c) An air, rail, highway, or water transporter who has discharged hazardous waste shall:
(1) give notice, if required by Title 49 CFR section 171.15, (as amended October 1, 1987,) to the National Response Center (800-424-8802 or 202-426- 2675); and
(2) report in writing as required by Title 49 CFR section 171.16 (as amended April 1, 1984) to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590, and the Department as required by section 66263.15(a)(3).
(d) A water (bulk shipment) transporter who has discharged hazardous waste shall give the same notice as required by Title 33 CFR section 153.203 (as amended July 1, 1988) for oil and hazardous substances.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5,  25160 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5, and 25180, Health and Safety Code, 40 CFR Section 263.30. 
  
 



s 66263.31. Discharge Clean Up.
 A transporter shall clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by Federal, State, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25168.1, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25169, Health and Safety Code; 40 CFR Section 263.31. 
  
 



s 66263.32. Transporter Reporting Requirements for Missing Hazardous Waste of Concern.
 (a) The provisions of this section apply to the transporter of a hazardous waste of concern, as defined in section 66261.111(a).
(b) Upon discovering that a hazardous waste of concern is missing during transportation of that waste, and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c), the transporter shall immediately attempt to reconcile the reportable quantity or difference with the generator (e.g., with telephone conversations). If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the transporter shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and provide the following information:
(1) Generator name and identification number;
(2) Transporter(s) name(s), identification number(s), and, if available, transporter(s) registration number(s);
(3) Destination facility name and identification number;
(4) Manifest number;
(5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12, Article 7), quantity or volume of waste at issue, weight or volume units, and waste codes.
For shipments initiated on and after September 5, 2006, waste information  (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest Instructions in the Appendix to chapter 12, article 8), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., on highway or roads, rail line, transfer station, truck stop, etc.).
(c) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (b), within 5 days after the reportable quantity or difference was discovered, the transporter shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it, and a copy of the manifest.
(1) If the hazardous waste generator where the shipment originated is located in the counties of Los Angeles, Ventura, Santa Barbara, San Bernardino, Orange, Riverside, San Diego, or Imperial, the transporter shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
(2) If the hazardous waste generator where the shipment originated is located in any other county, or outside California, the transporter shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Northern California Branch, 8800 Cal Center Drive, Sacramento, California 95826-3200.
(d) This section shall not be interpreted or applied to require that any written report required to be made pursuant to 49 Code of Federal Regulations section 171.16 (as revised October 1, 2002) also be made, copied, or delivered by the transporter to the Department.
 
  Note: Authority cited: Sections 25169.6, 25169.7 and 25169.8, Health and Safety Code. Reference: Sections 25169.5, 25169.6, 25169.7 and 25169.8, Health and Safety Code. 
  
 



s 66263.40. Applicability.
 (a) This article establishes four special categories of variances for generators and transporters, and procedures for applying those variances. Each variance category corresponds to a type of hazardous waste transportation operation which, if conducted in accordance with the provisions of this article, poses an insignificant risk to human health or to the environment. These transportation operations, and the variance categories which apply to them, are defined in succeeding sections of this article as Emergency Response Incident (section 66263.43), PCB Waste (section 66263.44), Consolidation (section 66263.45) and Small Load (section 66263.46). Each specific variance category section has a specific applicability and set of requirements. The following general requirements shall apply to all sections, except where specifically exempted.
(b) RCRA hazardous waste shall not be transported under the provisions of this article, except as specifically provided.
(c) Except as provided in section 66263.44 for polychlorinated biphenyl (PCB) waste, extremely hazardous waste shall not be transported under the provisions of this article.
 
  Note: Authority cited: Sections 208, 25143, 25150, 25159,25161 and 25205.7, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 25169.1, Health and Safety Code. 
  
 



s 66263.41. General Requirements.
 (a) A transporter shall not transport hazardous waste under the provisions of this article without being registered with the Department.
(b) A transporter who is granted a variance under the provisions of this article is exempt from the requirements of sections 25160, 25168 and 25169.1 of the Health and Safety Code regarding the use of the manifest, certification of vehicles and containers, and transporter insurance and from the requirements of this division adopted pursuant to those sections. In lieu of those requirements, the requirements of this article shall apply.
(c) The hazardous waste shall be transported in accordance with the regulations of the Department of California Highway Patrol (title 13, California Code of Regulations, article 3, commencing with section 1160, subchapter 6, chapter 2), the regulations of the U. S. Department of Transportation (DOT) (Code of Federal Regulations, Title 49, Parts 172, commencing with section 172.1, and 173, commencing with section 173.1), and the regulations of the EPA (Code of Federal Regulations, Title 40, Part 263, commencing with section 263.10). This paragraph shall not be construed to exempt the transporter from any other regulation unless expressly stated.
(d) A transporter who intends to operate under a variance category defined by this article shall apply to the Department by submitting a Transporter Regulatory Exemption Application/Variance form (Form DHS 8463, Rev. 1/91), provided by the Department, before initiating the operation and at each renewal of their Hazardous Waste Transporter Registration. The application shall be signed by the transporter and shall include the following information:
(1) name, mailing address, telephone number, EPA or State ID number and the Hazardous Waste Transporter Registration Number;
(2) the type or types and the physical characteristics and chemical composition of hazardous wastes to be transported under each variance;
(3) the specific section of this article corresponding to the variance category that best describes the transporter's intended operation(s) during the subsequent year;
(4) the estimated quantities of hazardous wastes listed pursuant to subparagraph (2) of this subsection.
(e) The Department shall review the application/variance form for completeness and for applicability of the provisions of this article to the intended transportation operation. A variance granted pursuant to this article shall be effective upon completion of the application/variance form by the Department and issuance to the transporter, in accordance with Health and Safety Code section 25143 and section 66260.210 of this division.
(f) Any transporter applying for and receiving a variance under this article shall be exempt from the variance fee prescribed in subdivision (g) of the Health and Safety Code, section 25205.7, provided such exemption is specifically requested in the application and specifically authorized by the Department.
(g) The transporter shall send a copy of the variance to the generator prior to operating under the variance to evidence authority for such operation.
(h) An accident report regarding any hazardous waste transported pursuant to this article shall be submitted to the Department by the transporter within 10 days of an incident which results in a spill or release to the environment.
(i) Failure to comply with any applicable term of this article shall automatically nullify the exemption.
 
  Note:    Authority cited: Sections 208, 25143, 25159 and 25205.7, Health and Safety Code. Reference: Section 25143, Health and Safety Code. 
  
 



s 66263.42. Specific Requirements for Milkrun Operations.
 
  Note: Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25117.9, 25143, 25160, 25168, 25169 and 25169.1, Health and Safety Code. 
  
 



s 66263.43. Specific Requirements for Emergency Response Incident Operations.
 (a) A transporter operating in accordance with this section shall be a state, local or county governmental agency emergency response incident unit.
(b) There shall be no restriction on the types of hazardous waste transported by the transporter specified in subsection (a).
(c) The total quantity shall not exceed five 85-gallon drums of hazardous waste from any incident site transported to the transporter's central collection facility.
(d) The transporter is exempt from the requirements of sections 66263.11(a)(1)(B), 66263.11(a)(3) and 66263.13 regarding the vehicles and containers used to transport the hazardous wastes pursuant to this section.
(e) The transporter is exempt from the requirements of sections 66263.20 and 66263.21 regarding the use of the manifest. In lieu of the manifest, the transporter shall use a shipping paper which contains all the information required pursuant to Title 49, Code of Federal Regulations, Part 172, Subpart C. The shipping paper must accompany the hazardous waste when transported from the incident site to the transporter's central collection facility.
(f) Transportation of the hazardous waste from the transporter's central collection facility to a hazardous waste facility shall be performed by a registered hazardous waste transporter using certified vehicles and/or containers. The hazardous waste shall be delivered to a permitted facility or to a facility which has been granted interim status, or to a facility which has been otherwise authorized to receive hazardous waste pursuant to chapter 6.5 of the division 20 of the Health and Safety Code and implementing regulations. The hazardous waste shall be properly manifested in accordance with the requirements of this chapter on the use of the Uniform Hazardous Waste Manifest.
(g) In addition to the information required in the application submitted pursuant to section 66263.40(a)(3), the transporter shall provide the location of the central collection facility.
(h) Hazardous waste at the transporter's central collection facility shall be stored for no longer than 90 days and managed in accordance with section 66262.34.
(i) The transporter shall keep records of the types and quantities of hazardous wastes handled under this section at the central collection facility on an annual basis. These records shall be retained for a period of three years from the date the record was completed.
(j) The period of retention referred to in this section is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 25169.1, Health and Safety Code. 
  
 



s 66263.44. Specific Requirements for PCB Waste Operations.
 (a) A transporter operating in accordance with this section shall be any governmental agency or public utility that transports polychlorinated biphenyl (PCB) wastes generated within the transporter's service area. The transporter shall also be the generator of the PCB wastes.
(b) The transporter is exempt from the requirements of sections 66263.11(a)(1)(B), 66263.11(a)(3) and 66263.13 regarding the vehicles and containers used to transport the PCB wastes pursuant to this section.
(c) In addition to the information required in the application submitted pursuant to section 66263.40(a)(3), the transporter shall provide the location of the central collection facility.
(d) The transporter is exempt from the requirements of sections 66263.20 and 66263.21 regarding the use of the manifest. In lieu of the manifest, the transporter shall use a shipping paper which contains all the information required pursuant to Title 49, Code of Federal Regulations, Part 172, Subpart C. The shipping paper must accompany the PCB wastes when transported from the transporter's service area to the transporter's central collection facility.
(e) Transportation of the PCB wastes from the transporter's central collection facility to a hazardous waste facility shall be performed by a registered hazardous waste transporter using certified vehicles and/or containers. The PCB wastes shall be delivered to a permitted facility or to a facility which has been granted interim status, or to a facility which has been otherwise authorized to receive hazardous waste pursuant to chapter 6.5 of division 20 of the Health and Safety Code and implementing regulations. The PCB wastes shall be properly manifested in accordance with the requirements of this chapter on the use of the Uniform Hazardous Waste Manifest.
(f) Handling practices and storage time of the PCB wastes shall be allowed the same exemptions described in section 66263.18 of this chapter, when applied to handling and storage at transfer facilities .
(g) The transporter shall keep records of the total quantities of PCB wastes handled at the central collection facility on an annual basis. These records shall be retained for a period of three years from the date the record was completed.
(h) The period of retention referred to in this section is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 25169.1, Health and Safety Code. 
  
 



s 66263.45. Specific Requirements for Consolidation Operations.
 (a) A transporter operating in accordance with this section shall be any person that transports hazardous waste to a nonpermitted, temporary, hazardous waste storage facility in accordance with section 66263.18 for the purpose of consolidation of waste loads. The transporter shall also be the generator of the hazardous waste.
(b) The transporter is exempt from the requirements of sections 66263.11(a)(1)(B), 66263.11(a)(3) and 66263.13 regarding the vehicles and containers used to transport the hazardous waste pursuant to this section.
(c) In addition to the information required in the application submitted pursuant to section 66263.40(a)(3), the transporter shall provide the location of the temporary hazardous waste storage facility.
(d) The transporter is exempt from the requirements of sections 66263.20 and 66263.21 regarding the use of the manifest. In lieu of the manifest, the transporter shall use a shipping paper which contains all the information required pursuant to Title 49, Code of Federal Regulations, Part 172, Subpart C. The shipping paper must accompany the hazardous wastes when transported from the place of generation to the transporter's temporary storage facility.
(e) This section applies only to hazardous wastes that are either:
(1) collected from generators who meet the requirements of title 40 of the Code of Federal Regulations, section 261.5(a) and 261.5(g), as of July 1, 1988; or
(2) collected from generators of non-RCRA hazardous wastes totaling less than 100 kilograms per calendar month.
(f) The total quantity of each load of hazardous waste transported from the original generation location(s) to the temporary storage facility shall not exceed 100 kilograms.
(g) Transportation of the hazardous wastes from the temporary storage facility to a hazardous waste facility shall be performed by a registered hazardous waste transporter using a certified vehicle and/or containers. The hazardous waste shall be delivered to a permitted facility or to a facility which has been granted interim status, or to a facility which has been otherwise authorized to receive hazardous wastes pursuant to chapter 6,.5 of division 20 of the Health and Safety Code and implementing regulations. The hazardous waste shall be properly manifested in accordance with the requirements of this chapter on the use of the Uniform Hazardous Waste Manifest.
(h) Handling practices and storage time of the hazardous wastes shall be allowed the same exemptions described in section 66263.18 of this chapter, when applied to handling and storage at transfer facilities.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 25169.1, Health and Safety Code. 
  
 



s 66263.46. Specific Requirements for Small Load Operations.
 (a) A transporter operating in accordance with this section shall only transport hazardous wastes in amounts no greater than 100 kilograms per load and no greater than 1,000 kilograms per calendar month, which is the total quantity of hazardous waste which shall be hauled by the transporter.
(b) This section applies only to hazardous wastes that are either:
(1) subject to reclamation agreements with generators of greater than 100 kilograms per month but less than 1,000 kilograms per month pursuant to the requirements of Title 40 of the Code of Federal Regulations, sections 262.20(e) and 263.20(h), as of July 1, 1988; or
(2) collected from generators who meet the requirements of Title 40 of the Code of Federal Regulations, sections 261.5(a) and 261.5(g), as of July 1, 1988; or
(3) collected from generators of non-RCRA hazardous wastes totaling less than 100 kilograms per calendar month.
(c) The transporter is exempt from the requirement to provide proof of ability to provide adequate response to damages pursuant to section 66263.11(a)(2).
(d) The transporter is exempt from the requirements of sections 66263.11(a)(1)(B), 66263.11(a)(3) and 66263.13 regarding the vehicles and containers used to transport the hazardous wastes pursuant to this section.
(e) The transporter shall only deliver the hazardous waste to a permitted facility or to a facility which has been granted interim status, or to a facility which has been otherwise authorized to receive hazardous wastes pursuant to chapter 6.5 of division 20 of the Health and Safety Code and implementing regulations.
(f) The transporter is exempt from the requirements of sections 66263.20 and 66263.21 regarding the use of the manifest. In lieu of the manifest, the transporter shall use a shipping paper which contains all the information required pursuant to Title 49, Code of Federal Regulations, Part 172, Subpart C. The shipping paper must accompany the hazardous wastes when transported from the place of generation to the facility designated pursuant to subsection (e). In addition, the transporter shall include the name, address and EPA Identification Number of the designated facility on the shipping paper.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 25169.1, Health and Safety Code. 
  
 



s 66263.50. Fee Requirements.
 (a) The fees collected pursuant to this section shall be deposited in the Hazardous Spill Prevention Account in the Railroad Accident Prevention and Response Fund.
(b) Surface transporters, for purposes of this section, means any railroad as defined under Section 229 of the Public Utilities Code which is subject to regulation under Section 421 of the Public Utilities Code and which transports hazardous materials; any motor carrier as defined in Section 508 of the Vehicle Code which is licensed or required to be licensed to transport hazardous materials pursuant to Section 32000.5 of the Vehicle Code; and, any motor carriers registered or required to be registered pursuant to Section 25163 of the Health and Safety Code.
(c) Hazardous material means any of the following:
(1) A hazardous material as defined in Section 172 of Title 49 of the Code of Federal Regulations.
(2) A hazardous material as defined in Section 25501 of the Health and Safety Code, including but not limited to, "hazardous materials" as defined in Section 1160.3 of Title 13 of the California Code of Regulations and "hazardous materials" as defined in Section 2402.7 of the Vehicle Code.
(d) Fees due under this section shall be paid each fiscal year by surface transporters who transport on California highways pursuant to Section (h) or by railroad lines pursuant to Section (k). The fees are due and payable to the Board of Equalization on December 31 of the State fiscal year beginning with 1992/93, or on such later date as notified by the Board of Equalization. The fees imposed by this regulation shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
(e) The total fees to be collected each fiscal year, under this section, shall be the amount appropriated by the Legislature for expenditure, plus an amount sufficient to maintain a two month reserve, less the fund balance carried over from the prior fiscal year. The reserve shall equal one-sixth of the total appropriation.
(f) The Department shall allocate the total amount to be collected each year equally between types of surface transporters, except that, to the extent practicable, any amounts which are attributable solely to one mode shall be allocated only to that mode.
(g) The Department shall determine the fee for each motor carrier by dividing the motor carriers' allocation of the total fees to be collected pursuant to subsection (f) by the number of motor carrier companies subject to the fee pursuant to subsection (h).
(h) A motor carrier is liable for the fees to be collected under these regulations if on July 1 of the fiscal year in which the fee is due, it possessed or was required to possess a hazardous materials transportation license or a hazardous waste registration.
(i) The total fees paid by all ICC Class I railroads which transport hazardous materials shall be 99.4 percent of the amount allocated to all railroads in subsection (f).
(j) The fee for each ICC Class I railroad shall be determined by applying the percentage rate applicable to each ICC Class I railroad in the most recent fee structure set for railroads by the PUC under Section 421 of the Public Utilities Code, to the total amount of fees to be collected from all ICC Class I railroads as determined in subsection (i).
(k) A railroad is liable for the fees due under these regulations if on July 1 of the fiscal year in which the fee is due it was regulated by the PUC and has transported a hazardous material during the preceding twelve months.
(1) Individual Interstate Commerce Commission (ICC) Class I railroads which transport hazardous materials within California may develop a schedule for allocating the fees to be collected from ICC Class I railroads among all ICC Class I railroads which transport hazardous materials and submit that schedule to the Department by June 30 of each year. The Department may grant an extension of the June 30 submission date if a written request is provided giving justification for the extension.
The schedule must clearly allocate the total amount to be collected from all ICC Class I railroads which transport hazardous materials to each railroad by assigning a percentage of the total to each railroad. The Department will adopt the schedule developed by the ICC Class I railroads and waive the schedule for ICC Class I railroads developed by the PUC under Section 421 of the Public Utilities Code, provided that all ICC Class I railroads agree to the proposed schedule and certify their agreement to the Department in writing through a letter which has been signed by representatives of all ICC Class I railroads.
(m) The fee for each ICC Class II and ICC Class III railroad which transports hazardous materials shall be the greater of .115 percent of gross revenues generated in California or $250. Each railroad's gross revenues shall be from their most recent fiscal year which ended prior to July 1 of the State's fiscal year (July 1 through June 30) in which the fees are due.
(n) Class II and Class III railroads may also develop a schedule of rates using the same procedure described in subsection (1).
(o) Acceptance of materials or services from individual railroads and motor carriers in lieu of paying part or all of the fees assessed shall be based upon the Department's judgement of its budget needs and the market value of the materials or services offered. The Department will inform the Board of Equalization of the amount, if any, to be credited against any railroad or motor carrier's account.
(p) Federal, state, county, city, city and county agencies, and other political subdivisions of the State, including but not limited to, school, irrigation and fire protection districts are exempt from the fees set forth in this section.
 
  Note:    Authority cited: Sections 7713 and 7714.5, Public Utilities Code. Reference: Sections 25163 and 25501, Health and Safety Code, Section 229 and 421, Public Utilities Code; Section 2402.7 and 32000.5, Vehicle Code; Section 1160.3, Title 13 CCR; 49 CFR Section 171.8, 49. 
  
 
 



s 66264.1. Purpose, Scope and Applicability.
 (a) The purpose of this chapter is to establish minimum standards which define the acceptable management of hazardous waste.
(b) The standards in this chapter apply to owners and operators of all facilities which transfer, treat, store, or dispose of hazardous waste, except as specifically provided otherwise in this chapter or chapters 11, 12 or 13 of this division.
(c) The requirements of this chapter apply to a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Federal Marine Protection, Research, and Sanctuaries Act (33 U.S.C. section 1401, et seq.) only to the extent they are included in a permit by rule granted to such a person under chapter 20 of this division. Such person shall comply with the requirements of chapter 14 of this division when transferring, treating or storing hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea.
(d) (Reserved)
(e) The requirements of this chapter apply to the owner or operator of a POTW which transfers, treats, stores, or disposes of hazardous waste only to the extent they are included in a permit by rule granted to such a person under chapter 20 of this division.
(f) (Reserved)
(g) The requirements of this chapter do not apply to:
(1) (reserved);
(2) the owner or operator of a facility managing recyclable materials described in section 66261.6(a)(2)(B) of this division (except to the extent they are referred to in article 8 of chapter 16 of this division);
(3) a generator accumulating waste on-site in compliance with section 66262.34 of this division;
(4) a farmer disposing of waste pesticides from the farmer's own use in compliance with section 66262.70 of this division;
(5) (reserved);
(6) (reserved);
(7) (reserved);
(8)(A) except as provided in subsection (g)(8)(B) of this section, a person engaged in treatment or containment activities during immediate response to any of the following situations:
1. a discharge of a hazardous waste;
2. an imminent and substantial threat of a discharge of hazardous waste;
3. a discharge of a material which, when discharged, becomes a hazardous waste;
(B) an owner or operator of a facility otherwise regulated by this chapter shall comply with all applicable requirements of articles 3 and 4 of this chapter;
(C) any person who is covered by subsection (g)(8)(A) of this section and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and chapter 21 of this division for those activities;
(9) a transporter storing manifested shipments of hazardous waste in containers at a transfer facility, or a transfer facility storing manifested shipments of hazardous waste in containers, for six days or less, or 10 days or less for transfer facilities in areas zoned industrial by the local planning authority, and meeting the requirements of sections 66262.30 and 66263.18;
(10) the addition of absorbent material to waste in a container (as defined in section 66260.10 of this division) or the addition of waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and sections 66264.17(b), 66264.171, and 66264.172 are complied with;
(11) persons managing hazardous waste in a hazardous waste management unit not subject to 40 CFR Part 264 (incorporated by reference in section 66260.11 of this division) pursuant to an exemption in 40 CFR Section 264.1(g), if the waste managed in that unit is identified as a hazardous waste solely because it exhibits the characteristic of toxicity set forth in section 66261.24(a)(1) of this division.
(12) Persons who manage universal waste. These persons are subject to regulation under chapter 23 when managing universal wastes listed in section 66261.9 of this division.
(h) The requirements of this chapter apply to owners or operators of all facilities that transfer, treat, store, or dispose of hazardous wastes referred to in chapter 18 of this division.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25159,  25219.1 and 58012, Health and Safety Code. Reference: Sections 25118, 25141, 25159, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 264.1. 
  
 



s 66264.2. Compliance Schedule for Permit Modifications.
The owner or operator of a hazardous waste facility who has received a hazardous waste facility permit on or before the effective date of this division and who is required to comply with the provisions of this chapter, shall submit a permit modification request pursuant to chapter 20, article 4 of this division to the Department within 180 days of July 1, 1991. The modification request shall describe the exact change(s) to be made to the facility to comply with the provisions of this chapter. The owner or operator of such a facility shall implement the approved modification(s) according to a schedule of compliance established by the Department.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25200, Health and Safety Code. 
  
 



s 66264.3. Relationship to Interim Status Standards.
 A facility owner or operator who has fully complied with the requirements for interim status, as defined in Health and Safety Code section 25200.5 and regulations under section 66270.70, shall comply with the regulations specified in chapter 15 of this division in lieu of the regulations in this chapter, until final administrative disposition of the facility's permit application is made, except as provided under article 15.5 of this chapter.
 
  Note: Authority cited: Sections 58012 of the Governor's Reorganizational Plan  # 1 of 1991, 25150,  25159, 25187, 25200.10, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25187, 25200, 25200.10, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.3. 
  
 



s 66264.4. Enforcement Actions.
In addition to bringing an enforcement action pursuant to chapter 6.5 of division 20 commencing with section 25100 of the Health and Safety Code, the Department may take or secure actions pursuant to Health and Safety Code section 25358.3.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5, 25180.5 through 25196.6 and 25358.3, Health and Safety Code; 40 CFR Section 264.4. 
  
 



s 66264.10. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities, except as provided in section 66264.1.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.10. 
  
 



s 66264.11. Identification Number.
Every facility owner or operator shall apply to the Department for an Identification Number in accordance with the following notification procedure:
(a) For facilities required to obtain an identification number pursuant to  40 CFR Parts 250 to 270 (incorporated by reference in section 66260.11 of this division), by notifying the USEPA pursuant to 40 CFR Section 264.11; or
(b) For any other facility which treats, stores, transfers, or disposes of hazardous waste, by notifying the Department pursuant to Health and Safety Code section 25158.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.11. 
  
 



s 66264.12. Required Notices.
 (a)(1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source shall notify the Department in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required. The notification shall be sent to the Import /Export Coordinator, Department of Toxic Substances Control, Hazardous Waste Management Program, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
(2) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to 40 CFR Part 262, Subpart H or this article shall provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460; and to the competent authorities of all other concerned countries within three working days of receipt of the shipment. The original of the signed tracking document shall be maintained at the facility for at least three years.
(b) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) shall inform the generator in writing that the owner or operator has the appropriate permit(s) for, and will accept, the waste the generator is shipping. The owner or operator shall keep a copy of this written notice as part of the operating record.
(c) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure care period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and chapter 20 of this division. An owner's or operator's failure to notify the new owner or operator of the requirements of this chapter shall not relieve the new owner or operator of the obligation to comply with all applicable requirements.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 264.12. 
  
 



s 66264.13. General Waste Analysis.
 (a)(1) Before an owner or operator transfers, treats, stores, or disposes of any hazardous waste, or non-hazardous waste if applicable under section 66264.113(d), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum, this analysis shall contain all the information which must be known to transfer, treat, store, or dispose of the waste in accordance with the requirements of this chapter and chapter 18 of this division and with the conditions of a permit issued under chapter 20 and chapter 21 of this division.
(2) The analysis may include data developed under chapter 11 of this division, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.
(A) The facility's records of analyses performed on the waste before the effective date of these regulations, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with subsection (a)(1) of this section.
(B) The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by subsection (a)(1) of this section, except as otherwise specified in section 66268.7(b) and (c).
(3) If the generator does not supply the information as specified in subsection (a)(2)(B) of this section, and the owner or operator chooses to accept a hazardous waste, the owner or operator shall obtain the information required to comply with this section.
(4) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated:
(A) when the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste, or non-hazardous waste if applicable under section 66264.113(d), has changed; and
(B) for off-site facilities, when the results of the inspection required in subsection (a)(5) of this section indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.
(5) The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
(b) The owner or operator shall develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with subsection (a) of this section. The owner or operator shall keep this plan at the facility. At a minimum, the plan shall specify:
(1) the parameters for which each hazardous waste, or non-hazardous waste if applicable under section 66264.113(d), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsection (a) of this section);
(2) the test methods which will be used to test for these parameters;
(3) the sampling and sampling management methods which will be used to obtain a representative sample of the waste to be analyzed. The sampling, planning, methodology, equipment, sample processing, documentation and custody procedures shall be in accordance with either:
(A) one of the sampling methods described in Appendix I of chapter 11 of this division; or
(B) an equivalent sampling method;
(4) the frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and
(5) for off-site facilities, the waste analyses that hazardous waste generators have agreed to supply;
(6) where applicable, the methods which will be used to meet the additional waste analysis requirements for specific waste management methods as specified in sections 66264.17, 66264.314, 66264.341, 66264.1034(d), 66264.1063(d), and 66268.7 of this division.
(c) For off site facilities, the waste analysis plan required in subsection (b) of this section shall also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan shall describe:
(1) the procedures which will be used to determine the identity of each movement of waste managed at the facility; and
(2) the sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.
(3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.13. 
  
 



s 66264.14. Security.
 (a) The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless the owner or operator can demonstrate to the Department as required in section 66270.14(b)(4) of chapter 20 that:
(1) physical contact with the waste, structures, or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility; and
(2) disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of this chapter.
(b) Unless the owner or operator has made a successful demonstration under subsections (a)(1) and (2) of this section, a facility shall have:
(1) a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or
(2)(A) an artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and
(B) a means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility);
(3) the requirements of subsection (b) of this section shall be satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of subsection (b)(1) or (2) of this section.
(c) Unless the owner or operator has made a successful demonstration under subsections (a)(1) and (2) of this section, a sign with the legend, "Danger Hazardous Waste Area -Unauthorized Personnel Keep Out," shall be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend shall be written in English, Spanish and in any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger Hazardous Waste Area -Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.14. 
  
 



s 66264.15. General Inspection Requirements.
 (a) The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to: (1) release of hazardous waste constituents to the environment; or (2) a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
(b)(1) The owner or operator shall develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.
(2) The owner or operator shall keep this schedule at the facility.
(3) The schedule shall identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).
(4) The frequency of inspection may vary for the items on the schedule. However, it should be based on the rate of  deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies called for in sections 66264.174, 66264.193, 66264.195, 66264.226, 66264.254, 66264.278, 66264.303, 66264.347, 66264.602, 66264.1033, 66264.1052, 66264.1053, and 66264.1058, where applicable.
(5) In accordance with chapter 20 of this division, the inspection schedule shall be submitted with Part B of the permit application. The Department will evaluate the schedule along with the rest of the application to ensure that it adequately protects human health and the environment. As part of this review, the Department may modify or amend the schedule as may be necessary.
(c) The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.
(d) The owner or operator shall record inspections in an inspection log or summary. The owner or operator shall keep these records for at least three years from the date of inspection. At a minimum, these records shall include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code, and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.15. 
  
 



s 66264.16. Personnel Training.
 (a)(1) Facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required under subsection (d)(3) of this section.
(2) This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.
(3) At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable:
(A) procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
(B) key parameters for automatic waste feed cut-off systems;
(C) communications or alarm systems;
(D) response to fires or explosions;
(E) response to groundwater contamination incidents; and
(F) shutdown of operations.
(b) Facility personnel shall successfully complete the program required in subsection (a) of this section within six months after the date of their employment or assignment to a facility, or to a new position at a facility. Employees hired after the effective date of these regulations shall not work in unsupervised positions until they have completed the training requirements of subsection (a) of this section.
(c) Facility personnel shall take part in an annual review of the initial training required in subsection (a) of this section.
(d) The owner or operator shall maintain the following documents and records at the facility:
(1) the job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;
(2) a written job description for each position listed under subsection (d)(1) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education, or other qualifications, and duties of employees assigned to each position;
(3) a written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (d)(1) of this section;
(4) records that document that the training or job experience required under subsections (a), (b), and (c) of this section has been given to, and completed by, facility personnel.
(e) Training records on current personnel shall be kept until closure of the facility; training records on former employees shall be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.16. 
  

 



s 66264.17. General Requirements for Ignitable, Reactive, or Incompatible Wastes.
 (a) The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste shall be separated and protected from sources of ignition or reaction including but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. "No Smoking" signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other sections of this chapter, the owner or operator of a facility that transfers, treats, stores or disposes ignitable or reactive waste, or mixes incompatible waste or incompatible wastes and other materials, shall take precautions to prevent reactions which:
(1) generate extreme heat or pressure, fire or explosions, or violent reactions;
(2) produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;
(3) produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
(4) damage the structural integrity of the device or facility;
(5) through other like means threaten human health or the environment.
(c) When required to comply with subsection (a) or (b) of this section, the owner or operator shall document that compliance. This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses (as specified in section 66264.13), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.17. 
  
 



s 66264.18. Location Standards.
 (a) Seismic considerations. (1) Portions of new facilities or facilities undergoing substantial modification where transfer, treatment, storage or disposal of hazardous waste will be conducted shall not be located within 61 meters (200 feet) of a fault which has had displacement in Holocene time.
(2) As used in subsection (a)(1) of this section:
(A) "fault" means a fracture along which rocks on one side have been displaced with respect to those on the other side;
(B) "displacement" means the relative movement of any two sides of a fault measured in any direction;
(C) "holocene" means the most recent epoch of the Quarternary period, extending from the end of the Pleistocene to the present.
(b) Floodplains.
(1) A facility located in a 100-year floodplain or within the maximum high tide shall be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood or maximum high tide, unless the owner or operator can demonstrate to the Department's satisfaction that procedures are in effect which will cause the waste to be removed safely, before flood or tide waters can reach the facility, to a location where the wastes will not be vulnerable to flood waters. If wastes are moved to a location within California, that location shall be a facility which is either permitted by the Department under chapter 20 of this division or in interim status under chapters 20 and 15 of this division.
(2) As used in subsection (b)(1) of this section:
(A) "100-year floodplain" means any land area which is subject to a one percent or greater chance of flooding in any given year from any source;
(B) "washout" means the movement of hazardous waste from the active portion of the facility as a result of flooding;
(C) "100-year flood" means a flood that has a one percent chance of being equalled or exceeded in any given year.
(c) Salt dome formations, salt bed formations, underground mines and caves.
The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave is prohibited.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.18. 
  
 



s 66264.19. Construction Quality Assurance Program.
 (a) Construction Quality Assurance Program (CQA):
(1) A CQA program is required for all surface impoundment, waste pile, and landfill units that are required to comply with sections 66264.221(c) and (f), 66264.251(c) and (l), and 66264.301(c) and (d). The program shall ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program shall be developed and implemented under the direction of a CQA officer who is a California State registered professional Civil engineer.
(2) The CQA program shall address the following physical components, where applicable:
(A) Foundations;
(B) Dikes;
(C) Low-permeability soil liners;
(D) Geomembranes (flexible membrane liners);
(E) Leachate collection and removal systems and leak detection systems; and
(F) Final cover systems.
(b) Written CQA plan. The owner or operator of units subject to the CQA program under subsection (a) of this section shall develop and implement a written CQA plan. The plan shall identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan shall include:
(1) Identification of applicable units, and a description of how they will be constructed.
(2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for all unit components identified in subsection (a)(2) of this section, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description shall cover: Sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for construction materials; plans for implementing corrective measures; and data or other information to be recorded and retained in the operating record under section 66264.73.
(c) Contents of program. (1) The CQA program shall include observations, inspections, tests, and measurements sufficient to ensure:
(A) Structural stability and integrity of all components of the unit identified in subsection (a)(2) of this section;
(B) Proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications;
(C) Conformity of all materials used with design and other material specifications under sections 66264.221, 66264.251, and 66264.301.
(2) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full-scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of sections 66264.221(c)(1)(A)2., 66264.251(c)(1)(A)2., and 66264.301(c)(1)(A)2. in the field. Compliance with the hydraulic conductivity requirements shall be verified by using in-situ testing on the constructed test fill. The Department may accept an alternative demonstration, in lieu of a test fill, where data are sufficient to show that a constructed soil liner will meet the hydraulic conductivity requirements of sections 66264.221(c)(1)(A)2., 66264.251(c)(1)(A)2., and 66264.301(c)(1)(A)2. in the field.
(d) Certification. Waste shall not be received in a unit subject to section 66264.19 until the owner or operator has submitted to the Department by certified mail or hand delivery a certification signed by the CQA officer that the approved CQA plan has been successfully carried out and that the unit meets the requirements of sections 66264.221(c) or (f), 66264.251(c) or (l), or 66264.301(c) or (d); and the procedure in section 66270.30(l)(2)(B) of this chapter has been completed. Documentation supporting the CQA officer's certification shall be furnished to the Department upon request.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.19. 
  
 



s 66264.25. Seismic and Precipitation Design Standards.
 (a) Except as provided by sections 66264.175 and 66264.192, facilities subject to this chapter and all cover systems and drainage control systems required by this chapter shall be designed to function without failure when subjected to capacity, hydrostatic and hydrodynamic loads resulting from a 24-hour probable maximum precipitation storm.
(b) The following shall be designed, constructed and maintained to withstand the maximum credible earthquake without the level of public health and environmental protection afforded by the original design being decreased:
(1) all surface impoundments, waste piles, landfills and land treatment facilities subject to this chapter; and
(2) all covers and cover systems required by this chapter and all containment and control features which will remain after closure at permanent hazardous waste disposal areas.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 66264.30. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities, except as section 66264.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150, and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.30. 
  
 



s 66264.31. Design and Operation of Facility.
Facilities shall be located, designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.31.41 
  
 



s 66264.32. Required Equipment.
All facilities shall be equipped with the following, unless it can be demonstrated to the Department that none of the hazards posed by waste handled at the facility could require a particular kind ofequipment specified below:
(a) an internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
(b) a device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;
(c) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and
(d) water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.32. 
  
 



s 66264.33. Testing and Maintenance of Equipment.
All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.33. 
  
 



s 66264.34. Access to Communications or Alarm System.
 (a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the Department has ruled that such a device is not required under section 66264.32.
(b) If there is ever just one employee on the premises while the facility is operating, the employee shall have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the Department has ruled that such a device is not required under section 66264.32.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.34. 
  
 



s 66264.35. Required Aisle Space.
The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it is demonstrated pursuant to section 66270.14(b)(6) to the Department that aisle space is not needed for any of these purposes.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.35. 
  
 



s 66264.37. Arrangements with Local Authorities.
 (a) The owner or operator shall attempt to make the following arrangements, as appropriate, for the type of waste handled at the facility and the potential need for the services of these organizations:
(1) arrangements to familiarize police, fire departments, emergency response teams and the local Office of Emergency Services with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes;
(2) where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;
(3) agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and
(4) arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.
(b) Where State or local authorities decline to enter into such arrangements, the owner or operator shall document the refusal in the operating record.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.37. 
  
 



s 66264.50. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities, except as section 66264.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.50. 
  
 



s 66264.51. Purpose and Implementation of Contingency Plan.
 (a) Each owner or operator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.
(b) The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.51. 
  
 



s 66264.52. Content of Contingency Plan.
 (a) The contingency plan shall describe the actions facility personnel shall take to comply with sections 66264.51 and 66264.56 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.
(b) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with Title 40 CFR Part 112, or Part 1510, or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this chapter.
(c) The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to section 66264.37.
(d) The plan shall list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see section 66264.55), and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. For new facilities, this information shall be supplied to the Department at the time of certification (see section 66270.14), rather than at the time of permit application.
(e) The plan shall include a list of all emergency equipment at the facility  (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.
(f) The plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).
(g) The plan shall include the current telephone number of the State Office of Emergency Services.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.52. 
  
 



s 66264.53. Copies of Contingency Plan.
 (a) A copy of the contingency plan and all revisions to the plan shall be:
(1) maintained at the facility; and
(2) submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.
(b) The contingency plan shall be submitted to the Department with Part B of the permit application under chapter 20, of this division and, after modification or approval, will become a condition of any permit issued.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.53. 
  
 



s 66264.54. Amendment of Contingency Plan.
The contingency plan shall be reviewed, and immediately amended, if necessary, whenever:
(a) the facility permit is revised;
(b) the plan fails in an emergency;
(c) the facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;
(d) the list of emergency coordinators changes; or
(e) the list of emergency equipment changes.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.54. 
  
 



s 66264.55. Emergency Coordinator.
At all times, there shall be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.55. 
  
 



s 66264.56. Emergency Procedures.
 (a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the emergency coordinator's designee when the emergency coordinator is on call) shall immediately:
(1) activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and
(2) notify appropriate State or local agencies with designated response roles if their help is needed.
(b) Whenever there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions).
(d) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, the emergency coordinator shall report the findings as follows:
(1) if the emergency coordinator's assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated; and
(2) the emergency coordinator shall, in every situation, immediately notify the State Office of Emergency Services. The report shall include:
(A) name and telephone number of reporter;
(B) name and address of facility;
(C) time and type of incident (e.g., release, fire);
(D) name and quantity of material(s) involved, to the extent known;
(E) the extent of injuries, if any; and
(F) the possible hazards to human health, or the environment, outside the facility.
(e) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers.
(f) If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(9) Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. Unless the owner or operator can demonstrate, in accordance with section 66261.3(c) or (d) of this division, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chapters 12, 13, and 14 of this division.
(h) The emergency coordinator shall ensure that, in the affected area(s) of the facility:
(1) no waste that may be incompatible with the released material is transferred, treated, stored, or disposed of until cleanup procedures are completed; and
(2) all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
(i) The owner or operator shall notify the Department, and appropriate State and local authorities, that the facility is in compliance with subsection (h) of this section before operations are resumed in the affected area(s) of the facility.
(j) The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the Department. The report shall include:
(1) name, address, and telephone number of the owner or operator;
(2) name, address, and telephone number of the facility;
(3) date, time, and type of incident (e.g., fire, explosion);
(4) name and quantity of material(s) involved;
(5) the extent of injuries, if any;
(6) an assessment of actual or potential hazards to human health or the environment, where this is applicable; and
(7) estimated quantity and disposition of recovered material that resulted from the incident.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.56. 
  

 



s 66264.70. Applicability.
 (a) The regulations in this article apply to owners and operators of both on-site and off-site facilities, except as section 66264.1 provides otherwise. Sections 66264.71, 66264.72, and 66264.76 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources.
(b) Compliance with the revisions to the Manifest form and procedures announced in the regulation published by U.S. EPA on March 4, 2005 and by the department on August 24, 2006, shall not be required until on and after September 5, 2006.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 264.70. 
  
 



s 66264.71. Use of Manifest System.
 (a)(1) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or the facility's agent, shall sign and date each copy of the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.
(2) If a facility receives a hazardous waste shipment accompanied by a manifest, including a facility located out of state, the owner, operator or the facility's agent shall:
(A) sign and date, by hand, each copy of the manifest;
(B) note any significant discrepancies in the manifest (as defined in section 66264.72 subsection (a)) on each copy of the manifest, and enter the most appropriate Hazardous Waste Report Management Method codes for each waste listed on the manifest from the list published in the most recent Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B) and shown in Appendix II of chapter 14.
(C) immediately give the transporter at least one copy of the signed manifest;
(D) within 30 days after the delivery, send a copy of the manifest to the generator;
(E) retain at the facility a copy of each manifest for at least three years from the date of delivery;
(F) within 30 days of each receipt of hazardous waste submit to the Department a legible copy of each manifest used. The facility manifest copy shall be submitted to the department for every shipment on a manifest when California is either the generator state or the destination state. The facility manifest copy shall be mailed to:
DTSC Facility Manifests
 
P.O. Box 3000
 
Sacramento, CA 95812-3000
 
; and
(G) a facility shall determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated federally) as hazardous wastes under its state hazardous waste program. Facilities shall also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.
(b) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the Identification Numbers, generator's certification, and signatures), the owner or operator, or the facility's agent, shall:
(1) sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received;
(2) note any significant discrepancies as defined in section 66264.72(a) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper;
(3) immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received);
(4) within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within 30 days after delivery) to the generator;
(5) within 30 days of each receipt of hazardous waste submit to the Department a legible copy of each manifest or shipping paper (if the manifest has not been received) used; and
(6) retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery.
(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of chapter 12 of this division.
(d) In addition to submitting a copy of the manifest to the department, if a facility receives federally regulated hazardous waste imported from a foreign source, the receiving facility shall mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
(e) Within three working days of the receipt of a shipment subject to the requirements of 40 Code of Federal Regulations Part 262, Subpart H or this article, the owner or operator of the facility shall provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; and to competent authorities of all other concerned countries. The original copy of the tracking document shall be maintained at the facility for at least three years from the date of signature.
(f) Whenever hazardous waste is received by a facility from a transporter in a vehicle or bulk container that will be removed from the facility after emptying, the transporter shall determine by inspection whether the vehicle or bulk container is empty pursuant to section 66261.7 prior to the removal of the vehicle or bulk container from the facility.
(g) If a vehicle or bulk container cannot be rendered empty pursuant to section 66261.7 by equipment and methods available at the facility, the transporter shall follow the procedure in subsection (b) of section 66263.21. If the vehicle or bulk container is not empty, the transporter shall not move the vehicle or bulk container without the designated facility preparing a new manifest pursuant to section 66264.72 or 40 Code of Federal Regulations section 264.72 if located out of state.
(h) The provisions of section 66262.34 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of section 66262.34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 264.71; Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787. 
  
 
 



s 66264.72. Manifest Discrepancies.
 (a) Manifest discrepancies are:
(1) Significant differences (as defined by paragraph (b) of this section) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives.
(2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues that exceed the quantity limits for  "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division.
(b) Significant discrepancies in quantity are: For bulk waste, variations greater than 10 percent in weight; for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant discrepancies in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.
(c) Upon discovering a significant discrepancy in quantity or type, the owner or operator shall attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit to the Department a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue. Significant Discrepancy Reports should be mailed to:
DTSC Report Repository
 
Generator Information Services Section
 
P.O. Box 806
 
Sacramento, CA 95812-0806
 
(d)(1) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division, the facility shall consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility may return the rejected waste or residue to the generator. The facility shall send the waste to the alternative facility or to the generator within the time frame specified in the permit or 60 days, whichever is shorter, of the rejection or the container residue identification. The waste shall be managed consistent with any applicable permit conditions. The waste shall be handled consistent with the requirements of section 25200.19 of the Health and Safety Code.
(2) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under this section, it shall ensure that either the delivering transporter retains custody of the waste, or, the facility shall provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under paragraph (e) or (f) of this section.
(e) Except as provided in paragraph (e)(7) of this section, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with section 66262.20, subsection (a) of this division or 40 Code of Federal Regulations section 262.20(a), if located out of state, and the following instructions:
(1) Write the generator's EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
(2) Write the name of the alternate designated facility and the facility's EPA ID number in the designated facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the U.S. Department of Transportation description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space. The facility shall retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility shall use a new manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6) of this section.
(f) Except as provided in paragraph (f)(7) of this section, for rejected wastes and residues that shall be sent back to the generator, the facility is required to prepare a new manifest in accordance with section 66262.20, subsection (a) of this division or 40 Code of Federal Regulations section 262.20(a), if located out of state, and the following instructions:
(1) Write the facility's EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
(2) Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the U.S. DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled, and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility shall retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility shall use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), and (6) of this section.
(g) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division, after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility shall amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility shall also copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, and shall re-sign and date the manifest to certify to the information as amended. The facility shall retain the amended manifest for at least three years from the date of amendment, and shall within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended. The facility shall submit a copy of the amended manifest within 30 days to the department at the address provided in section 66264.71, subsection (a)(2)(F).
(h) Upon discovering a discrepancy involving a hazardous waste of concern, as defined in section 66261.111(a), and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c), the owner or operator shall attempt to reconcile the reportable quantity or difference with the waste generator or transporter. If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and providing the following information:
(1) Facility name and identification number;
(2) Generator name and identification number;
(3) Transporter(s) name(s), identification number(s), and, if available, transporter(s) registration number(s);
(4) Manifest number;
(5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12, Article 7), quantity or volume of waste at issue, weight or volume units, and waste codes.
For shipments initiated on and after September 5, 2006, waste information  (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest instructions in the Appendix to chapter 12, article 8), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., on highway or roads, rail line, transfer station, truck stop, etc.).
(i) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (h), within 5 days after discovering the reportable quantity or difference, the owner or operator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it, and a copy of the manifest at issue.
(1) Owners or operators of facilities located in the counties of Los Angeles, Ventura, Santa Barbara, San Bernardino, Orange, Riverside, San Diego, or Imperial shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
(2) Owners or operators of facilities located in any other county, or out of state, shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Northern California Branch, 8800 Cal Center Drive, Sacramento, California 95826-3200.
 
  Note: Authority cited: Sections 25150, 25159, 25169.6, 25169.7 and  25169.8, Health and Safety Code. Reference: Sections 25159, 25159.5, 25160.6, 25169.5, 25169.6, 25169.7 and 25200.19, Health and Safety Code; 40 Code of Federal Regulations Section 264.72;2005 Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787. 
  
 
 



s 66264.73. Operating Record.
 (a) The owner or operator shall keep a written operating record at the facility.
(b) The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility:
(1) a description and the quantity of each hazardous waste received, and the method(s) and date(s) of its transfer, treatment, storage, or disposal at the facility as required by Appendix I, of this chapter;
(2) the location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste shall be recorded on a map or diagram of each cell or disposal area. For all facilities, this information shall include cross-references to specific manifest document numbers, if the waste was accompanied by a manifest;
(3) records and results of waste analyses and waste determinations performed as specified in sections 66264.13, 66264.17, 66264.314, 66264.341, 66264.1034, 66264.1063, 66264.1083, and 66268.7 of this division;
(4) summary reports and details of all incidents that require implementing the contingency plan as specified in section 66264.56(j);
(5) records and results of inspections as required by section 66264.15(d) (except these data need be kept only three years);
(6) monitoring, testing, or analytical data and corrective action where required by article 6 and sections 66264.19, 66264.191, 66264.193, 66264.195, 66264.222, 66264.223, 66264.226, 66264.252, 66264.253, 66264.254, 66264.276, 66264.278, 66264.280, 66264.302, 66264.303, 66264.304, 66264.309, 66264.347, 66264.602, 66264.1034(c) through 66264.1034(f), 66264.1035, 66264.1063(d) through 66264.1063(i), 66264.1064, and 66264.1082 through 66264.1090;
(7) for off-site facilities, notices to generators as specified in section 66264.12(b); and
(8) all closure cost estimates under section 66264.142, and, for disposal facilities, all post-closure cost estimates under section 66264.144;
(9) a certification by the permittee no less often than annually, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that the permittee generates to the degree determined by the permittee to be economically practicable; and the proposed method of transfer, treatment, storage or disposal is that practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment;
(10) records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to section 66268.5 and the applicable notice required by a generator under section 66268.7(a);
(11) for an off-site treatment facility, a copy of the notice, and the certification if applicable, required by the generator or the owner or operator under section 66268.7;
(12) for an on-site treatment facility, the information contained in the notice (except the manifest number), and the certification if applicable, required by the generator or the owner or operator under section 66268.7;
(13) for an off-site land disposal facility, a copy of the notice, and the certification if applicable, required by the generator or the owner or operator of a treatment facility under section 66268.7; and
(14) for an on-site land disposal facility, the information contained in the notice required by the generator or owner or operator of a treatment facility under section 66268.7, except for the manifest number, and the certification if applicable;
(15) for an off-site storage facility, a copy of the notice, and the certification if applicable, required by the generator or the owner or operator under section 66268.7; and
(16) for an on-site storage facility, the information contained in the notice  (except the manifest number), and the certification if applicable, required by the generator or the owner or operator under section 66268.7.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25208.4(c), Health and Safety Code; and 40 CFR Section 264.73. 
  
 



s 66264.74. Availability, Retention, and Disposition of Records.
 (a) All records, including plans, required under this chapter shall be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of EPA who is duly designated by the USEPA Administrator, the Department, the State Water Resources Control Board, or a regional water quality control board.
(b) The retention period for all records required under this chapter is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the Department or the USEPA Administrator.
(c) A copy of records of waste disposal locations and quantities under section 66264.73(b)(2) shall be submitted to the Department, the appropriate regional water quality control board, and local land authority upon closure of the facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.74. 
  
 



s 66264.75. Annual Report.
For the Annual report on activities for 1995, only facilities that are required under Title 40 of the Code of Federal of Regulations (CFR), section 264.75 to prepare and submit this report are subject to this section for the report. This Report, due on March 1, 1996 is to be submitted on U.S. EPA form 8700- 13A/B (5-80) (8-95) provided by the Department. Facilities required to submit this report for activities conducted during 1995 are facilities which treated, stored, or disposed of RCRA hazardous waste on site in units subject to RCRA permitting requirements during 1995.
The owner or operator shall prepare and submit single copies of an annual report to the Department and the appropriate regional water quality control board by March 1 of each year. The annual report shall be submitted on forms provided by the Department, EPA Form 8700-13A/B, 5-80, (Revised 11-89). The report shall cover facility activities during the previous calendar year and shall include:
(a) the Identification Number, name, and address of the facility;
(b) the calendar year covered by the report;
(c) for off-site facilities, the Identification Number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report shall give the name and address of the foreign generator;
(d) a description, including any applicable EPA hazardous waste number from chapter 11, articles 3 or 4 of this division, California Hazardous Waste Number from chapter 11, Appendix XII of this division, and DOT hazard class, and the quantity of each hazardous waste the facility received during the year. Wastes that are classified as non-RCRA wastes shall be described by indicating a generic name of the waste and the phrase "Non-RCRA Hazardous Waste." When possible, the generic name shall be obtained from chapter 11, Appendix X, subdivision (e) of this division. If the generic name is not listed in chapter 11, Appendix X, subdivision (e) the commonly recognized industrial name of the waste shall be used. For off-site facilities, this information shall be listed by Identification Number of each generator;
(e) the method of transfer, treatment, storage, or disposal for each hazardous waste;
(f) reserved;
(g) the most recent closure cost estimate under section 66264.142, and, for disposal facilities, the most recent post-closure cost estimate under section 66264.144; and
(h) for generators who transfer, treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;
(i) for generators who transfer, treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984;
(j) the certification signed by the owner or operator of the facility or the facility's authorized representative;
(k) the environmental monitoring data specified in section 66264.73;
(l) the owner or operator shall certify the following in writing for waste shipped offsite after January 1, 1990. The certification shall be attached to the Annual Report and include the following:
(1) whether the hazardous waste shipped offsite has a heating value of 3,000 British Thermal Units per pound of waste or less, and a volatile organic compound (VOC) content of one percent or less by weight; and
(2) if the waste had a heating value or VOC content greater than that specified in subsection (l)(1), that:
(A) the waste was incinerated or treated by any method that has been authorized by the Department as part of a hazardous waste facility permit issued pursuant to Health and Safety Code section 25200; or
(B) the waste is exempted from the requirements of chapter 18, article 12; or
(C) the waste was recycled; or
(D) the waste was shipped out of California for incineration, treatment, disposal or recycling.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25155.5, 25159, 25159.5 and 25202.9, Health and Safety Code; 40 CFR Section 264.75. 
  
 



s 66264.76. Unmanifested Waste Report.
 (a) If a facility accepts for transfer, treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in section 66263.20(e)(2) of this division, and if the waste is not excluded from the manifest requirement of this chapter, then the owner or operator shall prepare and submit a single copy of a report to the Department within fifteen days after receiving the waste. The unmanifested waste report shall be submitted in the form of a letter to the Department at:
DTSC Report Repository
 
Generator Information Services Section
 
P.O. Box 806
 
Sacramento, CA 95812-0806
 
Such report shall be designated 'Unmanifested Waste Report' and include the following information:
(1) the Identification Number, name, and address of the facility;
(2) the date the facility received the waste;
(3) the Identification Number, name, and address of the generator and the transporter, if available;
(4) a description and the quantity of each unmanifested hazardous waste the facility received;
(5) the method of transfer, treatment, storage, or disposal for each hazardous waste;
(6) the certification signed by the owner or operator of the facility or the facility's authorized representative; and
(7) a brief explanation of why the waste was unmanifested, if known.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 264.76. 
  
 



s 66264.77. Additional Reports.
In addition to submitting the annual reports and unmanifested waste reports described in sections 66264.75 and 66264.76, the owner or operator shall also report to the Department:
(a) releases, fires, and explosions as specified in section 66264.56(j);
(b) facility closures specified in section 66264.115; and
(c) as otherwise required by chapter 14 articles 6, 7, through 14, 27, and 28, of this division.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.77. 
  
 



s 66264.78. Reporting Hazardous Wastes of Concern Discovered To Be Missing While in Storage.
 (a) The owner or operator of a hazardous waste facility, except a facility operating under a Permit by Rule, Conditional Authorization, or Conditional Exemption, shall comply with reporting requirements set forth in this section, in the event that a hazardous waste of concern, as defined in section 66261.111(a), is discovered to be missing during storage at the facility, and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c).
(b) Upon discovering that a hazardous waste of concern is missing, and the waste at issue represents a reportable quantity or a reportable difference in type, the owner or operator shall immediately attempt to reconcile the reportable quantity or difference (e.g., by reviewing facility records). If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and providing the following information:
(1) Facility name and identification number;
(2) Generator name and identification number, if available;
(3) Transporter name, identification number, and transporter registration number, if available;
(4) Manifest number, if available;
(5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12, Article 7), quantity or volume of waste at issue, weight or volume units, and waste codes.
For shipments initiated on and after September 5, 2006, waste information  (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest instructions in the Appendix to chapter 12, article 8), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., areas at the facility the waste was handled or stored or during transportation to the facility on highway or roads, by rail line, transfer station, truck stop, etc.).
(c) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (b), within 5 days after discovering the reportable quantity or difference, the owner or operator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it. The owner or operator shall mail the letter to the appropriate address for the county in which the facility is located, as specified in section 66264.72(i).
 
  Note: Authority cited: Sections 25169.6, 25169.7 and 25169.8, Health and Safety Code. Reference: Sections 25169.5, 25169.6 and 25169.7, Health and Safety Code; and 40 Code of Federal Regulations 262 Appendix. 
  
 



Appendix II - Hazardous Waste Report Management Method Codes
The following Hazardous Waste Report Management Codes established by U.S. EPA are to be used by Designated Facilities in completing Item 19 on the manifest and Item 36 on the manifest continuation sheet on and after September 5, 2006.
Hazardous Waste Report Management Method Codes and Code Groups
 
Reclamation and Recovery
 
Codes  Description
H010   Metals recovery including retorting, smelting, chemicals,etc.
H020   Solvents recovery
H039   Other recovery of reclamation for reuse including acid regeneration,
         organics recovery, etc.
H050   Energy recovery at this site - use as fuel (includes on-site fuel
         blending)
H061   Fuel blending prior to energy recovery at another site
 
Destruction or Treatment Prior to Disposal at Another Site
 
Codes  Description
H040   Incineration -thermal destruction other than use as a fuel
H071   Chemical reduction with or without precipitation
H073   Cyanide destruction with or without precipitation
H075   Chemical oxidation
H076   Wet air oxidation
H077   Other chemical precipitation with or without pre-treatment
H081   Biological treatment with or without precipitation
H082   Adsorption
H083   Air or steam stripping
H101   Sludge treatment and/or dewatering
H103   Absorption
H111   Stabilization or chemical fixation prior to disposal at another site
H112   Macro-encapsulation prior to disposal at another site
H121   Neutralization only
H122   Evaporation
H123   Settling or clarification
H124   Phase separation
H129   Other treatment
 
Disposal
 
Codes  Description
H131   Land treatment or application (to include on-site treatment and/or
         stabilization)
H132   Landfill or surface impoundment that will be closed as landfill (to
         include onsite treatment and/or stabilization)
H134   Deepwell or underground injection (with or without treatment)
H135   Discharge to sewer/POTW or NPDES (with prior storage -with or without
         treatment)
 
Storage and Transfer
 
Codes  Description
H141   Storage, bulking, and/or transfer off site -no treatment/recovery
         (H010-H129), fuel blending (H061), or disposal (H131-H135) at this
         site
 
 
  Note:Authority cited: Sections 25150, 25159, 25159.5 and 25168.1, Health and Safety Code. Reference: Sections 25123.3, 25159 and 25159.5, Health and Safety Code;2005 Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787. 
  
 
 



s 66264.90. Applicability.
 (a) The regulations in this article apply to owners or operators of permitted hazardous waste facilities. A surface impoundment, waste pile, land treatment unit or landfill that receives or has received hazardous waste after July 26, 1982 shall comply with the requirements of this article for purposes of detecting, characterizing, and responding to releases to groundwater, surface water or the unsaturated zone. The Department shall require an owner or operator of a surface impoundment, waste pile, land treatment unit or landfill that ceased receiving hazardous waste by July 26, 1982 to comply with the requirements of this article if the Department determines that constituents in or derived from waste placed in the surface impoundment, waste pile, land treatment unit or landfill may pose a threat to human health or the environment. A surface impoundment, waste pile, land treatment unit or landfill required to comply with the provisions of this article is hereinafter referred to as a "regulated unit."
(b) The facility permit shall contain assurances of financial responsibility for completing corrective action for all releases from any regulated unit at the facility.
(c) The regulations under this article apply during the active life of the regulated unit (including the closure period). After closure of the regulated unit, the regulations in this article apply during the postclosure care period under section 66264.117 of article 7 of this chapter and during any compliance period under section 66264.96 unless:
(1) the regulated unit has been in compliance with the water quality protection standard for a period of three consecutive years; and
(2) all waste, waste residues, contaminated containment system components, contaminated subsoils and all other contaminated geologic materials are removed or decontaminated at closure.
(d) Regulations in this article apply to miscellaneous units when necessary to comply with sections 66264.601 through 66264.603 of article 16 of this chapter.
(e) For all regulated units which are operating, have operated or have received all permits necessary for construction or operation on or before July 1, 1991, the owner or operator shall prepare an application for a permit modification pursuant to chapter 21 of this division to establish monitoring programs that comply with the provisions of this article and submit this application to the Department within 180 days of July 1, 1991. The owner or operator of such regulated units shall begin any necessary construction within 30 days of receiving approval from the Department and shall implement the approved monitoring programs according to a schedule of compliance established by the Department.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.90. 
  
 



s 66264.91. Required Programs.
 (a) An owner or operator subject to this article shall conduct a monitoring and response program for each regulated unit at the facility as follows:
(1) the owner or operator shall institute a detection monitoring program under section 66264.98 except as required under subsections (a)(2), (a)(3) and (a)(4) of this section;
(2) the owner or operator shall institute an evaluation monitoring program under section 66264.99 whenever there is statistically significant evidence of a release, pursuant to section 66264.98(g) or (i), from the regulated unit during a detection monitoring program;
(3) the owner or operator shall institute an evaluation monitoring program under section 66264.99 whenever there is significant physical evidence of a release from the regulated unit. Significant physical evidence of a release includes unexplained volumetric changes in surface impoundments, unexplained stress in biological communities, unexplained changes in soil coloration, visible signs of leachate migration, unexplained water table mounding beneath or adjacent to the regulated unit, and any other change to the environment that could reasonably be expected to be the result of a release from the regulated unit; and
(4) the owner or operator shall institute a corrective action program under section 66264.100 when the Department determines pursuant to section 66264.99 that the assessment of the nature and extent of the release and the design of the corrective action program have been satisfactorily completed and the Department approves the application for a permit modification for corrective action submitted by the owner or operator during an evaluation monitoring program pursuant to section 66264.99(d) or section 66265.99(d).
(b) The Department shall specify in the facility permit the specific elements of each monitoring and response program. For each regulated unit, the Department shall include one or more of the programs identified in subsection (a) of this section in the facility permit as may be necessary to protect human health or the environment and shall specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the Department shall consider the potential adverse effects on human health or the environment that might occur before final administrative action on a permit modification application to incorporate such a program could be taken.
(c) In conjunction with an evaluation monitoring program or a corrective action program, the owner or operator shall continue to conduct a detection monitoring program under section 66264.98 as necessary to provide the best assurance of the detection of subsequent releases from the regulated unit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.91. 
  
 



s 66264.92. Water Quality Protection Standard.
 (a) For each regulated unit, the Department shall establish a water quality protection standard in the facility permit. This water quality protection standard shall consist of the list of constituents of concern under section 66264.93, the concentration limits under section 66264.94, and the point of compliance and all monitoring points under section 66264.95. This water quality protection standard shall apply during the active life of the regulated unit, the post-closure care period under section 66264.117 of article 7 of this chapter, and any compliance period under section 66264.96.
(b) If an owner or operator is conducting a detection monitoring program in conjunction with an evaluation monitoring program or a corrective action program for a regulated unit pursuant to section 66264.91(c), the Department may establish separate water quality protection standards for each program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.92. 
  
 



s 66264.93. Constituents of Concern.
For each regulated unit, the Department shall specify in the facility permit the constituents of concern to which the water quality protection standard of section 66264.92 applies. Constituents of concern are the waste constituents, reaction products, and hazardous constituents that are reasonably expected to be in or derived from waste contained in the regulated unit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.93. 
  
 



s 66264.94. Concentration Limits.
 (a) For each constituent of concern specified pursuant to section 66264.93, the owner or operator shall propose one of the following for each medium (groundwater, surface water and the unsaturated zone) monitored pursuant to section 66264.97:
(1) a concentration limit not to exceed the background value of that constituent as determined under section 66264.97(e)(11)(A);
(2) that the permit include a statement that, at any given time, the concentration limit for that constituent will be equal to the background value of that constituent, as determined pursuant to section 66264.97(e)(11)(B); or
(3) a concentration limit greater than background established pursuant to this section for a corrective action program.
(b) The Department shall review the proposed concentration limits and statements and shall approve, modify or disapprove each proposed limit and each proposed statement. Upon final approval by the Department, each concentration limit and each statement shall be specified in the facility permit. The Department shall only approve different concentration limits for different monitoring points in the same medium where necessary:
(1) to describe background conditions in multiple surface water bodies, multiple aquifers or geochemically dissimiliar zones in the same aquifer;
(2) because the statistical method approved for a constituent uses intrawell comparisons procedures; or
(3) because concentration limits greater than background have been established for a corrective action program at the monitoring points in the zone affected by a release from the regulated unit.
(c) For a corrective action program, the Department shall establish a concentration limit for a constituent of concern that is greater than the background value of that constituent only if the owner or operator demonstrates and the Department finds that it is technologically or economically infeasible to achieve the background value for that constituent and that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the concentration limit greater than background is not exceeded. In making this finding, the Department shall consider the factors specified in subsection (d) of this section, the results of the engineering feasibility study submitted pursuant to section 66264.99(c), data submitted by the owner or operator pursuant to section 66264.99(d)(2) to support the proposed concentration limit greater than background, public testimony on the proposal and any additional data obtained during the evaluation monitoring program.
(d) In establishing a concentration limit greater than background for a constituent of concern, the Department shall consider the following factors:
(1) potential adverse effects on groundwater quality, considering:
(A) the physical and chemical characteristics of the waste in the regulated unit;
(B) the hydrogeologic characteristics of the facility and surrounding land;
(C) the quantity of groundwater and the direction of groundwater flow;
(D) the proximity and withdrawal rates of groundwater users;
(E) the current and potential future uses of groundwater in the area;
(F) the existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality;
(G) the potential for health risks caused by human exposure to waste constituents;
(H) the potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; and
(I) the persistence and permanence of the potential adverse effects; and
(2) potential adverse effects on surface water quality, considering:
(A) the volume and physical and chemical characteristics of the waste in the regulated unit;
(B) the hydrogeologic characteristics of the facility and surrounding land;
(C) the quantity and quality of groundwater, and the direction of groundwater flow;
(D) the patterns of precipitation in the region;
(E) the proximity of the regulated unit to surface waters;
(F) the current and potential future uses of surface waters in the area;
(G) the existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality;
(H) the potential for health risks caused by human exposure to waste constituents;
(I) the potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; and
(J) the persistence and permanence of the potential adverse effects.
(3) In making any determination under subsection (d) of this section about the use of groundwater in the area around the facility the Department shall consider any identification of underground sources of drinking water made under 40 CFR chapter 1 section 144.7.
(4) For groundwater, in evaluating risk pursuant to subsection (d) of this section to any biological receptor, the risk shall be evaluated as if exposure would occur at the point of compliance.
(e) In no event shall a concentration limit greater than background established under this section for a constituent of concern exceed any of the following:
(1) other applicable statutes or regulations (e.g., a maximum contaminant level (MCL) for that constituent promulgated under section 141.2 of the Safe Drinking Water Act (40 CFR Part 141 Subpart B) [P.L. 93-523, codified as Subchapter XII of the Public Health Service Act at 42 U.S.C. 300f; regulations establishing MCLs are located in 40 CFR Part 141, Subpart B]);
(2) the lowest concentration that the owner or operator demonstrates and the Department finds is technologically and economically achievable.
(f) Proposals for concentration limits greater than background shall include a demonstration that the aggregate of hazardous constituents in the environment will not result in excessive exposure to a sensitive biological receptor. In the absence of scientifically valid data to the contrary, theoretical risks from chemicals associated with the release from the regulated unit shall be considered additive across all media of exposure, and shall be considered additive for all chemicals having similar toxicological effects or having carcinogenic effects.
(g) A concentration limit greater than background may only be applied during corrective action, or during detection monitoring following corrective action, at monitoring points at which statistically significant evidence of the release has been determined.
(h) When an owner or operator is conducting a detection monitoring program after a corrective action program has been terminated, each concentration limit greater than background shall be re-evaluated during each permit review. If the Department, upon re-evaluation, determines that the concentration of a constituent of concern in groundwater, surface water or the unsaturated zone is lower than its associated concentration limit by a statistically significant amount, the concentration limit for that constituent shall be lowered to reflect current water quality.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.94. 
  
 



s 66264.95. Monitoring Points and the Point of Compliance.
 (a) For each regulated unit, the Department shall specify in the facility permit the point of compliance at which the water quality protection standard of section 66264.92 applies. The point of compliance is a vertical surface, located at the hydraulically downgradient limit of the waste management area that extends through the uppermost aquifer underlying the regulated unit. For each regulated unit, the Department shall specify monitoring points at the point of compliance and additional monitoring points at locations determined pursuant to section 66264.97 at which the water quality protection standard under section 66264.92 applies and at which monitoring shall be conducted.
(b) The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of the regulated unit.
(1) The waste management area includes horizontal space taken up by any liner, dike or other barrier designed to contain waste in the regulated unit.
(2) If the facility contains contiguous regulated units and monitoring along a shared boundary would impair the integrity of a containment or structural feature of any of the units, the waste management area may be described by an imaginary line along the outer boundary of the contiguous regulated units. This provision only applies to contiguous regulated units that have operated or have received all permits necessary for construction and operation before the July 1, 1991.
 
  Note:    Authority cited: Section 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.95. 
  
 



s 66264.96. Compliance Period.
 (a) The Department shall specify in the facility permit the compliance period for each regulated unit. The compliance period is the number of years equal to the active life of the regulated unit (including any waste management activity prior to permitting, and the closure period) and constitutes the minimum period of time during which the owner or operator shall conduct a water quality monitoring program subsequent to a release from the regulated unit.
(b) The compliance period begins each time the owner or operator initiates an evaluation monitoring program meeting the requirements of section 66264.99.
(c) If the owner or operator is engaged in a corrective action program at the scheduled end of the compliance period specified under subsection (a) of this section, the compliance period is extended until the owner or operator can demonstrate that the regulated unit has been in compliance with the water quality protection standard of section 66264.92 for a period of three consecutive years.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.96. 
  
 



s 66264.97. General Water Quality Monitoring and System Requirements.
 (a) The owner or operator shall comply with the requirements of this section for any water quality monitoring program developed to satisfy sections 66264.98, 66264.99 or 66264.100.
(b) Groundwater Monitoring System.
(1) Except as provided under subsection (e)(3) of this section, the owner or operator shall establish a groundwater monitoring system for each regulated unit. This groundwater monitoring system shall include:
(A) a sufficient number of background monitoring points installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater that has not been affected by a release from the regulated unit;
(B) for a detection monitoring program under section 66264.98:
1. a sufficient number of monitoring points installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater passing the point of compliance and to allow for the detection of a release from the regulated unit;
2. a sufficient number of monitoring points installed at additional locations and depths to yield groundwater samples from the uppermost aquifer as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit; and
3. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield groundwater samples from other aquifers, low-yielding saturated zones and from zones of perched water as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit;
(C) for an evaluation monitoring program under section 66264.99:
1. a sufficient number of monitoring points installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater passing the point of compliance, and at other locations in the uppermost aquifer as necessary, to provide the data needed to evaluate changes in water quality due to the release from the regulated unit; and
2. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield groundwater samples from other aquifers, low-yielding saturated zones and zones of perched water as necessary to provide the data needed to evaluate changes in water quality due to the release from the regulated unit;
(D) for a corrective action program under section 66264.100 of this article:
1. a sufficient number of monitoring points installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater passing the point of compliance, and at other locations in the uppermost aquifer as necessary, to provide the data needed to evaluate compliance with the water quality protection standard and to evaluate the effectiveness of the corrective action program; and
2. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield groundwater samples from other aquifers, low-yielding saturated zones and zones of perched water as necessary to provide the data needed to evaluate compliance with the water quality protection standard and to evaluate the effectiveness of the corrective action program.
(2) The groundwater monitoring system may include background monitoring points that are not hydraulically upgradient of the regulated unit if the owner or operator demonstrates to the satisfaction of the Department that sampling at other monitoring points will provide samples that are representative of the background quality of groundwater or are more representative than those provided by the upgradient monitoring points.
(3) A copy of drillers' logs shall be filed with the Department on Department of Water Resources form DWR 188-Rev 12-86, available from the Department of Water Resources, 3251 S Street, Sacramento, CA 95816-7017, or by phone at (916) 322-7171.
(4) All monitoring wells shall be cased and constructed in a manner that maintains the integrity of the monitoring well bore hole and prevents the bore hole from acting as a conduit for contaminant transport.
(5) The sampling interval of each monitoring well shall be appropriately screened and fitted with an appropriate filter pack to enable collection of representative groundwater samples.
(6) For each monitoring well the annular space (i.e., the space between the bore hole and well casing) above and below the sampling interval shall be appropriately sealed to prevent entry of contaminants from the surface, entry of contaminants from the unsaturated zone, cross contamination of saturated zones and contamination of samples.
(7) All monitoring wells shall be adequately developed to enable collection of representative groundwater samples.
(c) Surface Water Monitoring System.
(1) The owner or operator shall establish a surface water monitoring system to monitor each surface water body that could be affected by a release from the regulated unit.
(2) Each surface water monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield samples from each surface water body to represent the quality of the surface water that has not been affected by a release from the regulated unit;
(B) for a detection monitoring program under section 66264.98, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body to that provide the best assurance of the earliest possible detection of a release from the regulated unit;
(C) for an evaluation monitoring program under section 66264.99, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the data necessary to evaluate changes in water quality due to the release from the regulated unit; and
(D) for a corrective action program under section 66264.100, a sufficient number of monitoring points established at appropriate locations and depths to yield samples that provide the data necessary to evaluate compliance with the water quality protection standard and to evaluate the effectiveness of the corrective action program.
(d) Unsaturated Zone Monitoring System.
(1) Except as otherwise provided in subsection (d)(5) of this section, the owner or operator shall establish an unsaturated zone monitoring system for each regulated unit.
(2) The unsaturated zone monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that represent the quality of soil-pore liquid that has not been affected by a release from the regulated unit;
(B) for a detection monitoring program under section 66264.98, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that provide the best assurance of the earliest possible detection of a release from the regulated unit;
(C) for an evaluation monitoring program under section 66264.99, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements as necessary to provide the data needed to evaluate changes in water quality due to the release from the regulated unit; and
(D) for a corrective action program under section 66264.100, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements as necessary to provide the data needed to evaluate compliance with the water quality protection standard and to evaluate the effectiveness of the corrective action program.
(3) Background monitoring points shall be installed at a background plot having soil characteristics similar to those of the soil underlying the regulated unit.
(4) Liquid recovery types of unsaturated zone monitoring (e.g., the use of lysimeters) are required unless the owner or operator demonstrates to the satisfaction of the Department that such methods of unsaturated zone monitoring cannot provide an indication of a release from the regulated unit. The Department shall require complementary or alternative (non-liquid recovery) types of unsaturated zone monitoring as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit.
(5) Unsaturated zone monitoring is required at all new regulated units unless the owner or operator demonstrates to the satisfaction of the Department that no method for unsaturated zone monitoring can provide any indication of a release from that regulated unit. For a regulated unit that has operated or has received all permits necessary for construction and operation before July 1, 1991, unsaturated zone monitoring is required unless the owner or operator demonstrates to the satisfaction of the Department that either there is no unsaturated zone monitoring device or method designed to operate under the subsurface conditions existant at that waste management unit or the installation of unsaturated zone monitoring devices would require unreasonable dismantling or relocating of permanent structures.
(6) The owner or operator of a land treatment unit shall comply with the unsaturated zone monitoring and response requirements for that unit in article 13 of this chapter, in addition to the unsaturated zone monitoring requirements of this article.
(e) General Monitoring Requirements.
(1) All monitoring systems shall be designed and certified by a registered geologist or a registered civil engineer.
(2) All monitoring wells and all other borings drilled to satisfy the requirements of this article shall be logged during drilling under the direct supervision of a registered geologist. These logs shall be submitted to the Department upon completion of drilling.
(A) Soil shall be described in the geologic log according to the Unified Soil Classification System as presented in Geotechnical Branch Training Manuals nos. 4, 5 and 6, published by the United States Bureau of Reclamation, January 1986 incorporated by reference in section 66260.11 of this division.
(B) Rock shall be described in the geologic log in a manner appropriate for the purpose of the investigation.
(C) Where possible, the depth and thickness of saturated zones shall be recorded in the geologic log.
(3) If a facility contains contiguous regulated units, separate groundwater monitoring systems are not required for each such unit if the owner or operator demonstrates to the satisfaction of the Department that the water quality monitoring program for each unit will enable the earliest possible detection and measurement of a release from that unit.
(4) The water quality monitoring program shall include consistent sampling and analytical procedures that are designed to ensure that monitoring results provide a reliable indication of water quality at all monitoring points and background monitoring points. At a minimum the program shall include a detailed description of the procedures and techniques for:
(A) sample collection (e.g., purging techniques, sampling equipment and decontamination of sampling equipment);
(B) sample preservation and shipment;
(C) analytical procedures; and
(D) chain of custody control.
(5) The water quality monitoring program shall include appropriate sampling and analytical methods for groundwater, surface water and the unsaturated zone that accurately measure the concentration of each constituent of concern and the concentration or value of each monitoring parameter.
(6) For each regulated unit, the owner or operator shall collect all data necessary for selecting the appropriate statistical method pursuant to subsections (e)(7), (e)(8) and (e)(9) of this section and for establishing the background values pursuant to subsection (e)(11) of this section. At a minimum, this data shall include analytical data obtained during quarterly sampling of all background monitoring points for a period of one year, including the times of expected highest and lowest annual elevations of the groundwater surface. For a new regulated unit, this data shall be collected before wastes are discharged at the unit and background soil pore liquid data shall be collected from beneath the unit before the unit is constructed.
(7) Based on data collected pursuant to subsection (e)(6) of this section, the owner or operator shall propose one of the statistical methods specified in subsection (e)(8) of this section for each constituent of concern and for each monitoring parameter. These methods, upon approval by the Department, shall be specified in the facility permit and shall be used in evaluating water quality monitoring data. The specifications for each statistical method shall include a detailed description of the criteria to be used for determining statistically significant evidence of any release from the regulated unit and for determining compliance with the water quality protection standard. Each statistical test specified for a particular constituent of concern or monitoring parameter shall be conducted separately for that constituent of concern or monitoring parameter at each monitoring point. Where practical quantitation limits are used in any of the following statistical methods to comply with subsection (e)(9)(E) of this section, the practical quantitation limit shall be proposed by the owner or operator for approval by the Department. The owner or operator shall demonstrate that use of the proposed statistical methods will be protective of human health and the environment and will comply with the performance standards outlined in subsection (e)(9) of this section.
(8) The owner or operator shall propose one of the following statistical methods:
(A) a parametric analysis of variance (ANOVA) followed in all instances by a multiple comparisons procedure to identify statistically significant evidence of a release from the regulated unit. The method shall include estimation and testing of the contrasts between each monitoring point's mean and the background mean value for each constituent of concern or monitoring parameter;
(B) an ANOVA based on ranks followed in all instances by a multiple comparisons procedure to identify statistically significant evidence of a release from the regulated unit. The method shall include estimation and testing of the contrasts between each monitoring point's median and the background median values for each constituent of concern or monitoring parameter;
(C) a tolerance or prediction interval procedure in which an interval for each constituent of concern or monitoring parameter is established from the distribution of the background data, and the value for each constituent of concern or monitoring parameter at each monitoring point is compared to the upper tolerance or prediction limit;
(D) a control chart approach that gives control limits for each constituent of concern or monitoring parameter; or
(E) another statistical test method submitted by the owner or operator for approval by the Department including, but not limited to, any statistical method which includes a procedure to verify that there is statistically significant evidence of a release from the regulated unit. If the statistical test method includes a verification procedure, this procedure shall consist of either a single composite retest (i.e., a statistical analysis of the original data combined with newly-acquired data from the monitoring point at which evidence of a release has been indicated) or shall consist of at least two discrete retests (i.e., statistical analyses which analyze only newly-acquired data from the monitoring point at which evidence of a release has been indicated). The verification procedure shall comply with the following requirements in addition to the statistical performance standards under subsection (e)(9) of this section.
1. If the verification procedure consists of discrete retests, rejection of the null hypothesis for any one of the retests shall be considered confirmation of significant evidence of a release.
2. The number of additional samples collected and analyzed for use in the verification procedure shall be appropriate for the form of statistical test specified in the facility permit for that constituent of concern or monitoring parameter pursuant to subsection (e)(7) of this section. This number shall be greater than or equal to the number of samples specified in the facility permit for that constituent of concern or monitoring parameter pursuant to subsection (e)(12)(A) of this section.
3. If resampling at the interval identified for use in the initial statistical test pursuant to subsection (e)(12)(B) of this section would cause the entire resampling effort to take longer than 30 days, the sampling interval for use in the verification procedure shall be reduced to ensure that all samples are collected and submitted for laboratory analysis within 30 calendar days from the time that the owner or operator determines statistically significant evidence of a release pursuant to subsection 66264.98(g) or (i).
4. For a verification procedure consisting of a composite retest, the statistical verification procedure shall be based on all data obtained from the initial sampling event combined with all data obtained during the resampling event. For a verification procedure containing discrete retests, each retest shall analyze data obtained during its respective resampling event(s) and no data shall be shared between retests.
5. For a verification procedure consisting of a composite retest, the statistical test method used in the verification procedure shall be the same as the method used in the initial statistical comparison, except that the statistical test used in the verification procedure shall be conducted at a Type I error level of no less than 0.05 for both the experiment-wise analysis (if any) and the individual monitoring point comparisons; therefore, if a control chart approach is used to evaluate water quality monitoring data, the upper limit on an X-Bar or R-Chart must be set at no more than 1.645 standard deviations of the statistic plotted for a one-sided statistical comparison or at no more than 1.96 standard deviations of the statistic plotted for a two-sided statistical comparison.
6. For a verification procedure consisting of discrete retests, the statistical method used shall be the same as the method used in the initial statistical comparison. Notwithstanding any provision of subsection (e)(9) of this section, the critical value for the tests shall be chosen so that the Type I error rate for all individual monitoring point comparisons is the same, whether for an initial test or for a retest, and is equal-to-or-greater-than either
(1-0.95<<super>>1/(mws)) 0.5x (1/r) 0.5 or
1-(.99)<<super>>1/6
whichever is larger, where: m = the number of monitoring parameters; w = the number of monitoring points at the waste management units; s = the number of times that suites of monitoring data from the waste management unit are subjected to initial statistical analysis within a period of six months (i.e., s > 1); and r = the number of discrete retests that are to be conducted at a monitoring point whose initial statistical analysis for a given constituent of concern or monitoring paramenter has indicated the presence of a release (i.e., r > 2).
7. The owner or operator shall report to the Department by certified mail the results of both the initial statistical test and the results of the verification procedure as well as all concentration data collected for use in these tests within seven days of the last laboratory analysis of the samples collected for the verification procedure.
8. The verification procedure shall only be performed for the constituent(s) which has shown statistically significant evidence of a release, and shall only be performed for that (those) monitoring point at which a release has been indicated.
(9) Each statistical method chosen under subsection (e)(7) of this section for specification in the facility permit shall comply with the following performance standards for each six-month period.
(A) The statistical method used to evaluate water quality monitoring data shall be appropriate for the distribution of the constituent of concern or monitoring parameter to which it is applied and shall be the least likely of the appropriate methods to fail to identify a release from the regulated unit. If the distribution of a constituent of concern or monitoring parameter is shown by the owner or operator to be inappropriate for a normal theory test, then the data shall be either transformed so that the distribution of the transformed data is appropriate for a normal theory test or a distribution-free theory test shall be used. If the distributions for the constituents of concern or monitoring parameters differ, more than one statistical method may be needed.
(B) If an individual monitoring point comparison procedure is used to compare an individual monitoring point constituent concentration or monitoring parameter value with a concentration limit in the water quality protection standard or with a background monitoring parameter value, the test shall be done at a Type I error level no less than 0.01. If a multiple comparisons procedure is used, the Type I experiment-wise error rate shall be no less than 0.05; however, the Type I error of no less than 0.01 for individual monitoring point comparison shall be maintained. This performance standard does not apply to tolerance intervals, prediction intervals or control charts.
(C) If a control chart approach is used to evaluate water quality monitoring data, the specific type of control chart and its associated statistical parameter values (e.g., the upper control limit) shall be proposed by the owner or operator and approved by the Department if the Department finds it to be protective of human health and the environment. Any control charting procedure must have a false-positive rate of no less than one percent for each monitoring point charted (e.g., upper control limits on X-bar or R-charts, used only once every six months, must be set at no more than 2.327 standard deviations of the statistic plotted for a one-sided statistical comparison or at no more than 2.576 standard deviations of the statistic plotted for a two-sided statistical comparison).
(D) If a tolerance interval or a prediction interval is used to evaluate water quality monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain shall be proposed by the owner or operator and approved by the Department if the Department finds these statistical parameters to be protective of human health and the environment. These statistical parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentrations or values for each constituent of concern or monitoring parameter. The coverage of any tolerance interval used must be no more than 95 percent and the confidence coefficient must be no more than 95 percent for a six-month period. Prediction intervals shall be constructed with an experimentwise error rate of no less than five percent and an individual monitoring point error rate of no less than one percent.
(E) The statistical method shall account for data below the practical quantitation limit with one or more statistical procedures that are protective of human health and the environment. Any practical quantitation limit approved by the Department pursuant to subsection (e)(7) of this section that is used in the statistical method shall be the lowest concentration (or value) that can be reliably achieved within limits of precision and accuracy specified in the facility permit for routine laboratory operating conditions that are available to the facility. The Department shall consider the practical quantitation limits listed in Appendix IX to chapter 14 for guidance purposes when specifying limits of precision and accuracy in the facility permit.
(F) If necessary, the statistical methods shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.
(G) Any quality control procedure that is approved by the Department for application to water quality data from downgradient monitoring points for a monitored medium shall also be applied to all newly-acquired background data from that medium. Any newly-acquired background monitoring datum that is rejected by an approved quality control procedure shall be maintained in the facility record but shall be excluded from use in statistical comparisons with downgradient water quality data.
(10) Based on the data collected pursuant to subsection (e)(6) of this section and the statistical methods proposed under subsection (e)(7) of this section, the owner or operator shall propose and justify the use of a procedure for determining a background value for each constituent of concern and for each monitoring parameter specified in the facility permit. These procedures shall be proposed for groundwater, surface water and the unsaturated zone. The owner or operator shall propose one of the following for approval by the Department:
(A) a procedure for determining the background value for each constituent or parameter that does not display appreciable natural variation; or
(B) a procedure for establishing and updating the background value for a constituent or parameter to reflect changes in the background water quality if the use of contemporaneous or pooled data provides the greatest power to the statistical method for that constituent or paramenter.
(11) Upon approval of the procedures for determining background values proposed pursuant to subsection (e)(10) of this section, the Department shall specify in the facility permit one of the following for each constituent of concern and for each monitoring parameter:
(A) the background value established by the owner or operator using the procedure proposed pursuant to subsection (e)(10)(A) of this section; or
(B) a detailed description of the procedure to be used by the owner or operator for establishing and updating the background value as proposed pursuant to subsection (e)(10)(B) of this section.
(12) For each constituent of concern and monitoring parameter listed in the facility permit, the owner or operator shall propose, for approval by the Department, the sampling methods to be used to establish background values and the sampling methods to be used for monitoring pursuant to this article. Upon final approval by the Department, sampling methods consistent with the following shall be specified in the facility permit.
(A) The number and kinds of samples collected shall be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with reasonable confidence that:
1. for a detection monitoring program, a release from the regulated unit will be detected;
2. for an evaluation monitoring program, changes in water quality due to a release from the regulated unit will be recognized; and
3. for a corrective action program, compliance with the water quality protection standard and effectiveness of the corrective action program will be determined.
(B) The sampling method (including the sampling freqency and the interval of time between successive samples) shall be appropriate for the medium from which samples are taken (e.g., groundwater, surface water and soil-pore liquid). The sampling method shall include either:
1. a sequence of at least four samples collected at least semiannually from each monitoring point and each background monitoring point and statistical analysis performed at least semi-annually. Samples shall be taken at an interval that assures, to the greatest extent possible, that an independent sample is obtained. The Department shall require more frequent sampling and statistical analysis when necessary to protect human health and the environment. For groundwater, the sampling frequency and the interval between successive sampling events shall be based upon the rate of groundwater flow, and upon any variation in groundwater flow rate and direction. The rate of groundwater movement shall be calculated by reference to the aquifer's effective porosity, hydraulic conductivity and hydraulic gradient; or
2. an alternate sampling method. The alternate method shall provide for the collection of not less than one sample quarterly from each monitoring point and background monitoring point and statistical analysis performed at least quarterly.
(13) The groundwater portion of the monitoring program shall include an accurate determination of the groundwater surface elevation and field parameters (temperature, electrical conductivity, turbidity and pH) at each well each time groundwater is sampled.
(14) The owner or operator shall graph all analytical data from each monitoring point and background monitoring point and shall submit these graphs to the Department at least annually. Unless the owner or operator receives written approval from the Department to use an alternate procedure, each graph shall represent data from one monitoring point or background monitoring point and one constituent of concern or monitoring parameter. Graphs shall be at a scale appropriate to show trends or variations in water quality. All graphs for a given constituent shall be plotted at the same scale to facilitate visual comparison of monitoring data.
(15) In addition to the water quality sampling conducted pursuant to the requirements of this article, the owner or operator shall measure the water level in each well and determine groundwater flow rate and direction in the uppermost aquifer and in any zones of perched water and in any additional aquifers monitored pursuant to subsection (b)(1) of this section at least quarterly, including the times of expected highest and lowest elevations of the water levels in the wells.
(16) Water quality monitoring data collected in accordance with this article, including actual values of constituents and parameters, shall be maintained in the facility operating record. The Department shall specify in the permit when the data shall be submitted for review.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.97. 
  
 



s 66264.98. Detection Monitoring Program.
 (a) An owner or operator required, pursuant to section 66264.91, to establish a detection monitoring program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit.
(b) The owner or operator shall install water quality monitoring systems that are appropriate for detection monitoring and that comply with the provisions of section 66264.97.
(c) The owner or operator shall establish a background value pursuant to section 66264.97(e)(11) for each monitoring parameter specified under subsection (e) of this section and for each constituent of concern specified under section 66264.93.
(d) The Department shall specify the water quality protection standard under section 66264.92 in the facility permit.
(e) The owner or operator shall propose for approval by the Department a list of monitoring parameters for each medium (groundwater, surface water, and the unsaturated zone) to be monitored pursuant to section 66264.97. The list for each medium shall include those physical parameters, hazardous constituents, waste constituents and reaction products that provide a reliable indication of a release from the regulated unit to that medium. The Department shall specify each list of monitoring parameters in the facility permit after considering the following factors:
(1) the types, quantities and concentrations of constituents in wastes managed at the regulated unit;
(2) the expected or demonstrated correlation between the proposed monitoring parameters and the constituents of concern specified for the unit under section 66264.93;
(3) the mobility, stability and persistence of waste constituents or their reaction products;
(4) the detectability of physical parameters, waste constituents and reaction products; and
(5) the background values and the coefficients of variation of proposed monitoring parameters in groundwater, surface water and the unsaturated zone.
(f) The owner or operator shall conduct sampling and analyses for the monitoring parameters listed in the facility permit pursuant to subsection (e) of this section. The Department shall specify the frequencies for collecting samples and conducting statistical analyses pursuant to section 66264.97(e)(12). For groundwater, sampling shall be scheduled to include the times of expected highest and lowest annual elevations of the groundwater surface.
(g) In addition to monitoring for the monitoring parameters specified under subsection (e) of this section, the owner or operator shall periodically monitor for all constituents of concern specified in the facility permit and determine whether there is statistically significant evidence of a release for any constituent of concern using the statistical procedure specified pursuant to section 66264.97(e)(7). The Department shall specify in the facility permit the frequencies and locations for monitoring pursuant to this subsection after considering the degree of certainty associated with the expected or demonstrated correlation between values for monitoring parameters and values for the constituents of concern. Monitoring pursuant to this subsection shall be conducted at least every five years.
(h) The owner or operator shall maintain a record of water quality analytical data as measured and in a form necessary for the determination of statistical significance under subsections (g) and (i) of this section.
(i) For each monitoring point, the owner or operator shall determine whether there is statistically significant evidence of a release from the regulated unit for any monitoring parameter specified in the permit pursuant to subsection (e) of this section at a frequency specified pursuant to subsection (f) of this section.
(1) In determining whether statistically significant evidence of a release from the regulated unit exists, the owner or operator shall use the method(s) specified in the permit under section 66264.97(e)(7). This method(s) shall be used to compare data collected at the monitoring point(s) with the background water quality data.
(2) The owner or operator shall determine whether there is statistically significant evidence of a release from the regulated unit at each monitoring point within a reasonable period of time after completion of sampling. The Department shall specify in the facility permit what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of samples.
(3) The provisions of this section shall not preclude the Department from making an independent finding that there is statistically significant evidence of a release from the regulated unit. If the Department makes such a finding, the owner or operator shall comply with the provisions of this section that are required in response to statistically significant evidence of a release from the regulated unit.
(j) If the owner or operator determines pursuant to subsection (g) or (i) of this section that there is statistically significant evidence of a release from the regulated unit for any monitoring parameter or constituent of concern at any monitoring point, the owner or operator:
(1) shall notify the Department of the finding by certified mail within seven days of such determination. The notification shall identify for each affected monitoring point the monitoring parameters and constituents of concern that have indicated statistically significant evidence of a release from the regulated unit; and
(2) may immediately initiate a procedure to verify that there is statistically significant evidence of a release from the regulated unit for a parameter or constituent which has indicated a release at a monitoring point if that verification procedure has been specified for that constituent or parameter in the facility permit pursuant to section 66264.97(e)(8)(E).
(k) If the resampling pursuant to subsection (j)(2) of this section confirms that there is statistically significant evidence of a release from the regulated unit or if the owner or operator does not resample pursuant to subsection (j)(2) of this section, then the owner or operator shall do the following.
(1) For that regulated unit, immediately sample all monitoring points in the affected medium (groundwater, surface water or the unsatuated zone) and determine the concentration of all constituents of concern.
(2) For that regulated unit, immediately sample all monitoring points in the affected medium (groundwater, surface water or the unsaturated zone) and determine whether constituents in the list of Appendix IX to chapter 14 are present, and if so, in what concentration(s).
(3) For any Appendix IX constituents found in the analysis pursuant to subsection (k)(2) of this section that are not specified in the list of constituents of concern for that unit, the owner or operator may resample within one month and repeat the analysis for those constituents. Each constituent detected in both analyses shall be added to the list of constituents of concern specified in the facility permit for evaluation monitoring unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit. If the owner or operator does not resample for the constituents found pursuant to subsection (k)(2) of this section, the constituents found during this initial Appendix IX analysis will be added to the list of constituents of concern specified in the facility permit for evaluation monitoring unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit.
(4) For each Appendix IX constituent added to the list of constituents of concern pursuant to subsection (k)(3) of this section, the owner or operator shall:
(A) collect all data necessary for establishing the background concentration for that constituent and for selecting an appropriate statistical procedure pursuant to section 66264.97(e)(6);
(B) propose an appropriate statistical procedure pursuant to section 66264.97(e)(7);
(C) propose a procedure to establish the background concentration for that constituent pursuant to section 66264.97(e)(10); and
(D) establish the background concentration pursuant to section 66264.97(e)(11).
(5) Within 90 days of determining statistically significant evidence of a release, the owner or operator shall submit to the Department an application for a permit modification to establish an evaluation monitoring program meeting the provisions of section 66264.99. The application shall include the following information:
(A) an identification of the concentration of each constituent of concern at each monitoring point as determined during the most recent sampling events, and an identification of the concentration of each Appendix IX constituent at each monitoring point for the regulated unit in the affected medium (groundwater, surface water or the unsaturated zone);
(B) any proposed changes to the water quality monitoring systems at the facility necessary to meet the requirements of section 66264.99;
(C) any proposed additions or changes to the monitoring frequency, sampling and analytical procedures or methods or statistical methods used at the facility necessary to meet the requirements of section 66264.99;
(D) a detailed description of the measures to be taken by the owner or operator to assess the nature and extent of the release from the regulated unit.
(6) Within 180 days of determining statistically significant evidence of a release, the owner or operator shall submit to the Department an engineering feasibility study for a corrective action program necessary to meet the requirements of section 66264.100. At a minimum, the feasibility study shall contain a detailed description of the corrective action measures that could be taken to achieve background concentrations for all constituents of concern.
(7) If the owner or operator determines, pursuant to subsection (g) or (i) of this section, that there is statistically significant evidence of a release from the regulated unit at any monitoring point, the owner or operator may demonstrate that a source other than the regulated unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis or statistical evaluation, or by natural variation in the groundwater, surface water or the unsaturated zone. The owner or operator may make a demonstration pursuant to this subsection in addition to, or in lieu of, submitting both a permit modification application pursuant to subsection (k)(5) of this section and an engineering feasibility study pursuant to subsection (k)(6) of this section; however, the owner or operator is not relieved of the requirements specified in subsections (k)(5) and (k)(6) of this section unless the demonstration made under this subsection successfully shows that a source other than the regulated unit caused the evidence of a release or that the evidence resulted from error in sampling, analysis or evaluation or from natural variation in groundwater, surface water or the unsaturated zone. In making a demonstration pursuant to this subsection, the owner or operator shall:
(A) within seven days of determining statisically significant evidence of a release, notify the Department by certified mail that the owner or operator intends to make a demonstration pursuant to this subsection;
(B) within 90 days of determining statistically significant evidence of a release, submit a report to the Department that demonstrates that a source other than the regulated unit caused the evidence, or that the evidence resulted from error in sampling, analysis or evaluation or from natural variation in groundwater, surface water or the unsaturated zone;
(C) within 90 days of determining statistically significant evidence of a release, submit to the Department an application for a permit modification to make any appropriate changes to the detection monitoring program; and
(D) continue to monitor in accordance with the detection monitoring program established under this section.
( l) If the owner or operator determines that there is significant physical evidence of a release as described in section 66264.91(a)(3) or that the detection monitoring program does not satisfy the requirements of this section, the owner or operator shall:
(1) notify the Department by certified mail within seven days of such determination; and
(2) within 90 days of such determination, submit an application for a permit modification to make any appropriate changes to the program.
(m) Any time the Department determines that the detection monitoring program does not satisfy the requirements of this section, the Department shall send written notification of such determination to the owner or operator by certified mail, return receipt requested. The owner or operator shall, within 90 days after receipt of such notification by the Department, submit an application for a permit modification to make any appropriate changes to the program.
(n) For any regulated unit for which a detection monitoring program is established after the successful completion of a corrective action program pursuant to section 66264.100(g):
(1) the Department shall include in the list of monitoring parameters for each medium (groundwater, surface water and the unsaturated zone) all hazardous constituents that have been detected in that medium due to a release from that regulated unit;
(2) the owner or operator shall analyze samples from all groundwater monitoring points at the point of compliance for that regulated unit and determine the concentration of each constituent contained in Appendix IX to chapter 14 at least annually during any remaining years of the compliance period. If the owner or operator finds either an Appendix IX constituent at a concentration above the concentration limit established in the permit for that constituent or one that is not already identified in the permit as a monitoring parameter, the owner or operator may resample within one month of the original sample and repeat the analysis for those constituents. If the owner or operator does not resample, or if the resampling confirms that the concentration limit for a constituent has been exceeded or that a new constituent is present:
(A) the owner or operator shall report the concentration of each such constituent to the Department within seven days of the latest analysis;
(B) the Department shall add each such constituent to the list of monitoring parameters specified in the facility permit for groundwater unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit; and
(C) if a constituent is added to the list of monitoring parameters pursuant to subsection (n)(2)(B) of this section, the owner or operator shall immediately collect samples and conduct statistical tests for each monitoring parameter to determine whether there is statistically significant evidence of a release from the regulated unit.
 
  Note:    Authority cited: Sections 208, 25150, and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.98. 
  
 



s 66264.99. Evaluation Monitoring Program.
 (a) An owner or operator required pursuant to section 66264.91 to establish an evaluation monitoring program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit. The evaluation monitoring program shall be used to assess the nature and extent of the release from the regulated unit and to design a corrective action program meeting the requirements of section 66264.100.
(b) The owner or operator shall collect and analyze all data necessary to assess the nature and extent of the release from the regulated unit. This assessment shall include a determination of the spatial distribution and concentration of each constituent of concern throughout the zone affected by the release. The owner or operator shall complete and submit this assessment to the Department within 90 days of establishing an evaluation monitoring program.
(c) Based on the data collected pursuant to subsections (b) and (e) of this section, the owner or operator shall update the engineering feasibility study required under section 66264.98(k)(6). The owner or operator shall submit this engineering feasibility study to the Department within 90 days of establishing an evaluation monitoring program.
(d) Based on the data collected pursuant to subsections (b) and (e) of this section and on the engineering feasibility study submitted pursuant to subsection (c) of this section, the owner or operator shall submit an application for a permit modification to establish a corrective action program meeting the requirements of section 66264.100. The owner or operator shall submit this application for a permit modification to the Department within 90 days of establishing an evaluation monitoring program. The application shall at a minimum include the following information:
(1) a detailed assessment of the nature and extent of the release from the regulated unit;
(2) a proposed water quality protection standard, including any proposed concentration limits greater than background under section 66264.94, and all data necessary to justify each such limit;
(3) a detailed description of proposed corrective action measures that will be taken to achieve compliance with the water quality protection standard proposed for a corrective action program; and
(4) a plan for a water quality monitoring program that will demonstrate the effectiveness of the proposed corrective action.
(e) In conjunction with the assessment conducted pursuant to subsection (b) of this section, and while awaiting final approval of the application for a permit modification submitted pursuant to subsection (d) of this section, the owner or operator shall monitor groundwater, surface water and the unsaturated zone to evaluate changes in water quality resulting from the release from the regulated unit. In conducting this monitoring, the owner or operator shall comply with the following requirements:
(1) the owner or operator shall install water quality monitoring systems that are appropriate for evaluation monitoring and that comply with the provisions of section 66264.97. These water quality monitoring systems may include all or part of existing monitoring systems;
(2) the owner or operator shall propose for approval by the Department a list of monitoring parameters for each medium (groundwater, surface water and the unsaturated zone) to be monitored pursuant to section 66264.97. The list for each medium shall include all hazardous constituents that have been detected in that medium and shall include those physical parameters, waste constituents and reaction products that provide a reliable indication of changes in water quality resulting from the release from the regulated unit to that medium. The Department shall specify each list of monitoring parameters in the facility permit after considering the following factors:
(A) the types, quantities and concentrations of constituents in wastes managed at the regulated unit;
(B) information that demonstrates, to the satisfaction of the Department, a sufficient correlation between the proposed monitoring parameters and the constituents of concern specified for the unit;
(C) the mobility, stability and persistence of waste constituents or their reaction products;
(D) the detectability of physical parameters, waste constituents and reaction products; and
(E) the background values and the coefficients of variation of proposed monitoring parameters in groundwater, surface water and the unsaturated zone;
(3) the owner or operator shall conduct sampling and analyses for the monitoring parameters listed in the facility permit pursuant to subsection (e)(2) of this section. The Department shall specify in the facility permit the frequencies for collecting samples and for conducting statistical analyses pursuant to section 66264.97(e)(12) to evaluate changes in water quality due to the release from the regulated unit. For groundwater, sampling shall be scheduled to include the times of expected highest and lowest annual elevations of the groundwater surface;
(4) in addition to monitoring for the monitoring parameters specified pursuant to subsection (e)(2) of this section, the owner or operator shall periodically monitor for all constituents of concern specified in the facility permit and evaluate changes in water quality due to the release from the regulated unit. The Department shall specify the frequencies for monitoring pursuant to this subsection after considering the degree of certainty associated with the demonstrated correlation between values for monitoring parameters and values for the constituents of concern;
(5) the owner or operator shall conduct water quality monitoring for each monitoring parameter and each constituent of concern in accordance with section 66264.97(e)(12). The owner or operator shall maintain a record of water quality analytical data as measured and in a form necessary for the evaluation of changes in water quality due to the release from the regulated unit;
(6) the owner or operator shall analyze samples from all monitoring points in the affected medium (groundwater, surface water or the unsaturated zone) for all constituents contained in Appendix IX to chapter 14 at least annually to determine whether additional hazardous constituents are present and, if so, at what concentration(s). If the owner or operator finds Appendix IX constituents in the groundwater, surface water or the unsaturated zone that are not already identified in the permit as constituents of concern, the owner or operator may resample within one month and repeat the analysis for those constituents. If the second analysis confirms the presence of new constituents, the owner or operator shall report the concentration of these additional constituents to the Department by certified mail within seven days after the completion of the second analysis and the Department shall add them to the list of constituents of concern specified in the facility permit unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit. If the owner or operator does not resample, then the owner or operator shall report the concentrations of these additional constituents to the Department by certified mail within seven days after completion of the initial analysis and the Department shall add them to the list of constituents of concern specified in the facility permit unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit; and
(7) while awaiting final approval of the application for a permit modification to establish a corrective action program, the owner or operator shall evaluate all water quality data obtained pursuant to subsection (e) of this section with respect to the design criteria for the corrective action program. If the evaluation indicates that the plan for corrective action is insufficient, the owner or operator shall:
(A) notify the Department by certified mail within seven days of such determination; and
(B) within 90 days of such determination, submit for approval by the Department any appropriate changes to the application for a permit modification.
(f) If the owner or operator demonstrates to the satisfaction of the Department that a source other than the regulated unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis or statistical evaluation, or by natural variation in groundwater, surface water or the unsaturated zone, the owner or operator shall submit an application for a permit modification to reinstitute a detection monitoring program meeting the requirements of section 66264.98. This application shall include specifications for all appropriate changes to the monitoring program. In making a demonstration under this subsection, the owner or operator shall:
(1) notify the Department by certified mail that the owner or operator intends to make a demonstration pursuant to this subsection;
(2) submit a report to the Department that demonstrates that a source other than the regulated unit caused the evidence of a release or that the evidence resulted from error in sampling, analysis or evaluation, or from natural variation in groundwater, surface water or the unsaturated zone; and
(3) continue to monitor in accordance with the evaluation monitoring program established pursuant to this section until the permit is modified.
(g) The Department shall require interim corrective action measures where necessary to protect human health or the environment.
(h) If the owner or operator determines that the evaluation monitoring program does not satisfy the requirements of this section, the owner or operator shall, within 90 days, submit an application for a permit modification to make any appropriate changes to the program.
(i) Any time the Department determines that the evaluation monitoring program does not satisfy the requirements of this section, the Department shall send written notification of such determination to the owner or operator by certified mail, return receipt requested. The owner or operator shall, within 90 days of such notification by the Department, submit an application for a permit modification to make appropriate changes to the program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, and 25159.5, Health and Safety Code; 40 CFR Section 264.99. 
  
 



s 66264.100. Corrective Action Program.
 (a) An owner or operator required pursuant to section 66264.91 to establish a corrective action program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit.
(b) The owner or operator shall take corrective action to remediate releases from the regulated unit and to ensure that the regulated unit achieves compliance with the water quality protection standard under section 66264.92. The Department shall specify the water quality protection standard for corrective action in the facility permit.
(c) The owner or operator shall implement corrective action measures that ensure that constituents of concern achieve their respective concentration limits at all monitoring points and throughout the zone affected by the release, including any portions of the affected zone that extend beyond the facility boundary, by removing the waste constituents or treating them in place. The owner or operator shall take other action specified by the Department to prevent noncompliance with those limits due to a continued or subsequent release from the regulated unit including, but not limited to, source control. The permit shall specify the specific measures that will be taken.
(d) In conjunction with the corrective action measures, the owner or operator shall establish and implement a water quality monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for an evaluation monitoring program under section 66264.99, and shall be effective in determining compliance with the water quality protection standard under section 66264.92 and in determining the success of the corrective action measures under subsection (c) of this section.
(e) Corrective action measures taken pursuant to this section shall be initiated and completed by the owner or operator within a period of time specified by the Department in the facility permit.
(f) Corrective action measures taken pursuant to this section may be terminated when the owner or operator demonstrates to the satisfaction of the Department that the concentrations of all constituents of concern are reduced to levels below their respective concentration limits.
(g) After terminating the corrective action measures pursuant to subsection (f) of this section, the owner or operator shall remain in the corrective action program until:
(1) the owner or operator demonstrates to the satisfaction of the Department that the regulated unit is in compliance with the water quality protection standard. This demonstration shall be based on the results of sampling and analysis for all constituents of concern for a period of one year; and
(2) the owner or operator submits and the Department approves an application for a permit modification to establish a detection monitoring program meeting the requirements of section 66264.98.
(h) The owner or operator shall report, in writing, to the Department on the effectiveness of the corrective action program. The owner or operator shall submit these reports at least semiannually. More frequent reporting shall be required by the Department as necessary to ensure the protection of human health or the environment.
(i) If the owner or operator determines that the corrective action program does not satisfy the requirements of this section, the owner or operator shall, within 90 days of making the determination, submit an application for a permit modification to make any appropriate changes to the program.
(j) Any time the Department determines that the corrective action program does not satisfy the requirements of this section, the owner or operator shall, within 90 days of notification of such determination by the Department, submit an application for a permit modification to make any appropriate changes to the program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, and 25159.5, Health and Safety Code; 40 CFR Section 66264.100. 
  
 



s 66264.101. Corrective Action for Waste Management Units.
 (a) The owner or operator of a facility seeking a permit for the transfer, treatment, storage, or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid or hazardous waste management unit at the facility, regardless of the time at which waste was placed in such unit.
(b) Corrective action will be specified in the permit or order in accordance with this article, article 15.5, or article 17, and Health and Safety Code sections 25200.10, 25187, or 25200.14, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201. The permit or order will contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing such corrective action.
(c) The owner or operator shall implement corrective actions beyond the facility boundary, where necessary to protect human health or the environment, unless the owner or operator demonstrates to the satisfaction of the Department, that despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such actions. The owner or operator is not relieved of all responsibility to cleanup a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such release will be determined on a case-by-case basis. Assurance of financial responsibility for such corrective action shall be provided.
 
  Note: Authority cited: Sections 25150, 25159, 25187, 25200.10,  25355.5, 25356.9, 25358.3, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159.5, 25187, 25200, 25200.10, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.101. 
  
 



s 66264.110. Applicability.
Except as section 66264.1 provides otherwise:
(a) sections 66264.111 through 66264.115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and
(b) sections 66264.116 through 66264.120 (which concern post-closure care) apply to the owners and operators of:
(1) all hazardous waste disposal facilities;
(2) waste piles and surface impoundments from which the owner or operator intends to remove the wastes at closure to the extent that these sections are made applicable to such facilities in sections 66264.228 or 66264.258;
(3) tank systems that are required under section 66264.197 to meet the requirements for landfills; and
(4) containment buildings that are required under section 66264.1102 to meet the requirement for landfills.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245, 25246 and 58012, Health and Safety Code; 40 CFR Section 264.110. 
  
 



s 66264.111. Closure Performance Standard.
The owner or operator shall close the facility in a manner that:
(a) minimizes the need for further maintenance; and
(b) controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated rainfall or run-off, or waste decomposition products to the ground or surface waters or to the atmosphere; and
(c) complies with the closure requirements of this chapter including, but not limited to, the requirements of sections 66264.178, 66264.197, 66264.228, 66264.258, 66264.280, 66264.310, 66264.351,  66264.601 through 66264.603, and 66264.1102.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 58012, Health and Safety Code; 40 CFR Section 264.111. 
  
 



s 66264.112. Closure Plan; Amendment of Plan.
 (a) Written plan.
(1) The owner or operator of a hazardous waste management facility shall have a written closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to re-move or decontaminate the hazardous waste at partial or final closure are required by sections 66264.228(c)(1)(A) and 66264.258(c)(1)(A) to have contingent closure plans. The plan shall be submitted with the permit application, in accordance with section 66270.14(b)(13) of this division, or when otherwise requested by the Department. The plan shall be approved by the Department as part of the permit issuance procedures un-der chapter 21 of this division. In accordance with section 66270.32 of this division, the approved closure plan will become a condition of any permit.(2) The Department's approval of the plan shall ensure that the approved closure plan is consistent with sections 66264.111 through 66264.115 and the applicable requirements of article 6 of this chapter and sections 66264.178, 66264.197, 66264.228, 66264.258, 66264.280, 66264.310, 66264.351, 66264.601 and 66264.1102. Until final closure is completed and certified in accordance with section 66264.115, a copy of the approved plan and all approved revisions shall be kept at the facility and furnished to the Department upon request, including request by mail.(b) Content of plan. The plan shall identify steps necessary to perform partial or final closure of the facility at any point during its active life and to perform final closure of the facility at the end of its active life. The closure plan shall include, at least:(1) a description of how and when each hazardous waste management unit at the facility will be closed in accordance with section 66264.111;(2) a description of how and when final closure of the facility will be conducted in accordance with section 66264.111. The description shall identify the maximum extent of the operations which will be unclosed during the active life of the facility;(3) an estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the type(s) of the off-site hazardous waste management units to be used, if applicable;(4) a detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard;(5) a detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited to, ground-water monitoring, leachate collection, and run-on and run-off control; (6) a schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover shall be included); (7) an estimate of the expected year of final closure.(c) Amendment of plan. The owner or operator shall submit a written notification of or request for a permit modification to authorize a change in the approved closure plan in accordance with the applicable procedures in chapters 20 and 21 of this division. The written notification request shall include a copy of the amended closure plan for review or approval by the Department.(1) The owner or operator may submit a written notification or request to the Department for a permit modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility.(2) The owner or operator shall submit a written notification or request for a permit modification to authorize a change in the approved closure plan whenever:(A) changes in operating plans or facility design affect the closure plan, or(B) there is a change in the expected year of closure, or(C) in conducting partial or final closure activities, unexpected events require a modification of the approved closure plan.(3) The owner or operator shall submit a written request for a permit modification including a copy of the amended closure plan for approval at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall request a permit modification no later than 30 days after the unexpected event. The Department will approve, disapprove, or modify this amended plan in accordance with the procedures in chapters 20 and 21 of this division. In accordance with section 66270.32 of this division, the approved closure plan will become a condition of any permit issued.
(4) The Department may request modifications to the plan under the conditions described in section 66264.112(c)(2). The owner or operator shall submit the modified plan within 60 days of the Department's request, or within 30 days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the Department will be approved in accordance with the procedures in chapters 20 and 21 of this division.
(d) Notification of partial closure and final closure.
(1) The owner or operator shall notify the Department in writing at least 60 days prior to the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, land treatment or landfill unit, or final closure of a facility with such a unit. The owner or operator shall notify the Department in writing at least 45 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks or containers used for transfer, treatment or storage, or incinerator units to be closed. The owner or operator shall notify the Department in writing at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace, whichever is earlier. The Department may require a longer notice period of up to 180 days for any facility or unit by giving written notice of the longer period if the Department determines that additional time would be required to review and make necessary amendments to the closure plan prior to the initiation of closure. Within 90 days after receiving a notification, the Department may review the closure plan to determine whether any factor has significantly changed since a prior review was undertaken, or determine whether the plan is otherwise adequate or inadequate, and may prescribe additional requirements or request modifications to the plan.
(2) The date when the owner or operator "expects to begin closure" shall be either no later than the date on which any hazardous waste management unit receives the known final volume of hazardous wastes or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous waste. The Department may approve an extension to this one-year limit if the owner or operator of a hazardous waste management unit demonstrates to the satisfaction of the Department that the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes,the owner or operator has taken, and will continue to take, all steps necessary to comply with all applicable permit requirements, and the extension will not pose a threat to human health and the environment.
(3) For units meeting the requirements of section 66264.113(d), the date when the owner or operator "expects to begin closure" shall be no later than the date on which the hazardous waste management unit receives the known final volume of non-hazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional non-hazardous wastes, no later than one year after the date on which the unit received the most recent volume of non-hazardous wastes. If the owner or operator can demonstrate to the Department that the hazardous waste management unit has the capacity to receive additional non-hazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and threats to the environment, including compliance with all applicable permit requirements, the Department may approve an extension to this one-year limit. A facility operating under the requirements of section 66264.113(d) shall be subject to the facility fee specified in Health and Safety Code, Division 20, section 25205.2(d), until the facility has complied with the requirements of section 66264.113(a). Health and Safety Code, Division 20, section 25205.2(d)(4) shall not apply to a facility operating pursuant to section 66264.113(d).
(4) If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree or final order under Health and Safety Code section 25358.3 or article 8 of chapter 6.5 of division 20 of the Health and Safety Code, to cease receiving hazardous wastes or to close, then the requirements of this section do not apply. However, the owner or operator shall close the facility in accordance with the deadlines established in section 66264.113.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25205.2, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.112. 
  
 



s 66264.113. Closure; Time Allowed for Closure.
 (a) Within 90 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subsections (d) and (e) of this section, at a hazardous waste management unit or facility, the owner or operator shall treat, remove from the unit or facility, or dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The Department may approve a longer period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates to the satisfaction of the Department that:
(1)(A) the activities required to comply with this subsection will, of necessity, take longer than 90 days to complete; or
(B) 1. the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the owner or operator complies with subsections (d) and (e) of this section; and
2. there is a reasonable likelihood that a person other than the owner or operator will recommence operation of the hazardous waste management unit or the facility within one year; and
3. closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and
(2) the owner or operator has taken and will continue to take all steps to comply with all applicable permit requirements and the longer period will not pose a threat to human health and the environment.
(b) The owner or operator shall complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subsections (d) and (e) of this section, at the hazardous waste management unit or facility. The Department may approve an extension to the closure period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that:
(1)(A) the partial or final closure activities will, of necessity, take longer than 180 days to complete; or
(B) 1. the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the owner or operator complies with subsections (d) and (e) of this section; and
2. there is reasonable likelihood that a person other than the owner or operator will recommence operation of the hazardous waste management unit or the facility within one year; and
3. closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and
(2) the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed, but not operating, hazardous waste management unit or facility, including compliance with all applicable permit requirements.
(c) The demonstrations referred to in subsections (a) and (b) of this section shall be made as follows:
(1) The demonstrations in subsection (a) of this section shall be made at least 30 days prior to the expiration of the 90-day period in subsection (a); and
(2) the demonstration in subsection (b) shall be made at least 30 days prior to the expiration of the 180-day period in subsection (b) of this section, unless the owner or operator is otherwise subject to the deadlines in subsection (d) of this section.
(d) The Department may allow an owner or operator to receive only non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous wastes at that unit, if:
(1) The owner or operator requests a permit modification in compliance with all applicable requirements in chapters 20 and 21 of this division and in the permit modification request demonstrates to the Department that:
(A) the unit has the existing design capacity as indicated on the Part A application to receive non-hazardous wastes; and
(B) there is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the unit within one year after the final receipt of hazardous wastes; and
(C) the non-hazardous wastes will not be incompatible with any remaining wastes in the unit, or with the facility design and operating requirements of the unit or facility under this chapter; and
(D) closure of the hazardous waste management unit would be incompatible with continued operation of the unit or facility; and
(E) the owner or operator is operating and will continue to operate in compliance with all applicable permit requirements of this chapter and with all applicable regulations promulgated by other state agencies governing discharges of hazardous or non-hazardous wastes to land and water, including, but not limited to, regulations promulgated by the California Integrated Waste Management Board and the State Water Resources Control Board; and
(2) The request to modify the permit includes an amended waste analysis plan, monitoring and response program for groundwater, air, soil, and soil-pore gas required under articles 6 and 17 of this chapter, human exposure assessment required under Title 42, U.S.C., Section 6939a, and closure and post-closure plans, and updated cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and appropriate, to reflect any changes due to the presence of hazardous constituents in the non-hazardous wastes, and changes in closure activities, including the expected year of closure, if applicable, under Title 22, CCR, section 66264.112(b)(7), as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes; and
(3) The request to modify the permit includes revisions, as necessary and appropriate, to affected conditions of the permit to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes; and
(4) The request to modify the permit and the demonstrations referred to in subsections (d)(1) and (d)(2) of this section are submitted to the Department no later than 180 days prior to the date on which the owner or operator of a facility receives the known final volume of hazardous wastes at the unit, or no later than 90 days after the effective date of this rule, whichever is later.
(e) In addition to the requirements in subsection (d) of this section, an owner or operator of a hazardous waste surface impoundment that is not in compliance with the liner and leachate collection system requirements pursuant to Title 22, CCR, Division 4.5, Chapter 14, Article 11 shall:
(1) Submit with the request to modify the permit:
(A) a contingent corrective measures plan, unless a corrective action program has already been submitted under sections 66264.99, 66264.100 and 66264.708; and
(B) a plan for removing hazardous wastes in compliance with subsection (e)(2) of this section; and
(2) Remove all hazardous wastes from the unit by removing all hazardous liquids, and by removing all hazardous sludges to the extent practicable without impairing the integrity of the liner(s), if any.
(3) Removal of hazardous wastes shall be completed no later than 90 days after the final receipt of hazardous wastes. The Department may approve an extension to this deadline if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an extension will not pose a threat to human health or the environment.
(4) If a release that is a statistically significant increase (or decrease in the case of pH) over background values for detection monitoring parameters or constituents specified in the permit or that exceeds the facility's protection standards for groundwater, air, soil, or soil-pore gas at the points of compliance, if applicable, is detected in accordance with the requirements in articles 6, 15.5, or 17 of this chapter, the owner or operator of the unit:
(A) shall implement corrective measures in accordance with the approved contingent corrective measures plan required by subsection (e)(1) of this section no later than one year after detection of the release, or approval of the contingent corrective measures plan, whichever is later;
(B) may continue to receive wastes at the unit following detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and
(C) may be required by the Department to implement corrective measures in less than one year or to cease receipt of wastes until corrective measures have been implemented if necessary to protect human health or the environment.
(5) During the period of corrective action, the owner or operator shall provide semi-annual reports to the Department that describe the progress of the corrective action program, compile all monitoring data for groundwater, air, soil, and soil-pore gas, and evaluate the effect of the continued receipt of non-hazardous wastes on the effectiveness of the corrective action.
(6) The Department may require the owner or operator to commence closure of the unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in subsection (e)(4) of this section, or fails to make substantial progress in implementing corrective action and achieving the facility's protection standards for groundwater, air, soil, or soil-pore gas, or background levels if the facility has not yet established a protection standard for groundwater, air, soil or soil-pore gas.
(7) If the owner or operator fails to implement corrective measures as required in subsection (e)(4) of this section, or if the Department determines that substantial progress has not been made pursuant to subsection (e)(6) of this section, the Department shall:
(A) notify the owner or operator in writing that the owner or operator shall begin closure in accordance with the deadlines in subsections (a) and (b) of this section and provide a detailed statement of reasons for this determination, and
(B) provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision no later than 20 days after the date of the notice.
(C) If the Department receives no written comments, the decision will become final five days after the close of the comment period. The Department shall notify the owner or operator that the decision is final, and that a revised closure plan, if necessary, shall be submitted within 15 days of the final notice and that closure shall begin in accordance with the deadlines in subsections (a) and (b) of this section.
(D) If the Department receives written comments on the decision, the Department shall make a final decision within 30 days after the end of the comment period, and shall provide the owner or operator in writing, and the public through a newspaper notice, a detailed statement of reasons for the final decision. If the Department determines that substantial progress has not been made, closure shall be initiated in accordance with the deadlines in subsections (a) and (b) of this section.
(E) The final determinations made by the Department under subsections  (e)(7)(C)-(D) of this section are not subject to administrative appeal.
 
  Note: Authority cited: Sections 25150, 25159, 25245, 58004 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25200.10, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.113. 
  
 



s 66264.114. Disposal or Decontamination of Equipment, Structures and Soils.
During the partial and final closure periods, all contaminated equipment, structures and soils shall be properly disposed of or decontaminated by removing all hazardous waste and residues, unless otherwise specified in sections 66264.197, 66264.228, 66264.258, 66264.280, or 66264.310. By removing all hazardous wastes and residues or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and shall handle that waste in accordance with all applicable requirements of chapter 12 of this division.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.114. 
  
 



s 66264.115. Certification of Closure.
Within 60 days of completion of partial closure, and within 60 days of the completion of final closure, the owner or operator shall submit to the Department, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification shall be signed by the owner or operator and by an independent qualified professional engineer, registered in California. Documentation supporting the independent qualified registered professional engineer's certification shall be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for closure under section 66264.143, subsection (j).
 
  Note: Authority cited: Sections 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.115. 
  
 



s 66264.116. Survey Plat.
No later than the submission of the certification of closure ofeach hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Department, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed vertical and horizontal benchmarks. This plat shall be prepared and certified by a professional land surveyor licensed in California. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use, shall contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable regulations of this article.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25259, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.116. 
  
 



s 66264.117. Post-Closure Care and Use of Property.
 (a) This section pertains to facilities at which all hazardous wastes, waste residues, contaminated materials and contaminated soils will not be removed during closure. Additional requirements for such facilities are cited in title 23 of the California Code of Regulations.
(b)(1) Post-closure care for each hazardous waste management unit subject to the requirements of sections 66264.117 through 66264 .120 shall begin after completion of closure of the unit and, except as provided in subsections (b)(2)(A) and (b)(2)(B), continue for 30 years after that date and shall consist of at least the following:
(A) monitoring and reporting in accordance with the requirements of articles 6, 11, 12, 13, 14, and 16 of this chapter; and
(B) maintenance and monitoring of waste containment systems in accordance with the requirements of articles 6, 11, 12, 13, 14, and 16 of this chapter.
(2) Any time preceding partial closure of a hazardous waste management unit subject to post-closure care requirements or final closure, or any time during the post-closure period for a particular unit, the Department shall, in accordance with the permit modification procedures in chapters 20 and 21 of this division:
(A) shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if the owner or operator demonstrates to the satisfaction of the Department and the Department finds that the reduced period is sufficient to protect human health and the environment (e.g., leachate or ground-water monitoring results, characteristics of the hazardous wastes, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management unit or facility is secure); or
(B) extend the post-closure care period applicable to the hazardous waste management unit or facility if the Department finds that the extended period is necessary to protect human health and the environment (e.g., leachate or ground-water monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).
(c) The Department shall require, at partial and final closure,continuation of any of the security requirements of section 66264.14 during part or all of the post-closure period when:
(1) hazardous wastes may remain exposed after completion of partial or final closure; or
(2) access by the public or domestic livestock may pose a hazard to human health.
(d) Post-closure use of property on or in which hazardous wastes remain after partial or final closure shall never be allowed to disturb the integrity of the final cover, liner(s), or any other components of the containment system, or the function of the facility's monitoring systems, unless the Department finds that thedisturbance:
(1) is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or
(2) is necessary to reduce a threat to human health or the environment.
(e) All post-closure care activities shall be in accordance with the provisions of the approved post-closure plan as specified in section 66264.118.
(f) Upon closure of a hazardous waste facility wherein hazardous wastes remain on-site, no construction, filling, grading, excavating or mining shall occur without the issuance of a variance by the Department. No variance may be granted which is inconsistent with subsection (d) of this section.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.117. 
  
 



s 66264.118. Post-Closure Plan; Amendment of Plan.
 (a) Written Plan. The owner or operator of a hazardous waste disposal unit shall have a written post-closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by sections 66264.228(c)(1)(B) and 66264.258(c)(1)(B) to have contingent post-closure plans. The plan shall be submitted with the permit application, in accordance with section 66270.14(b)(13) of this division, or when otherwise requested by the Department. The plan shall be approved by the Department as part of the permit issuance procedures under chapter 21 of this division. In accordance with section 66270.32 of this division, the approved post-closure plan will become a condition of any permit issued.
(b) For each hazardous waste management unit subject to the requirements of this section, the post-closure plan shall identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least:
(1) a description of the planned monitoring activities and frequencies at which they will be performed to comply with articles 6, 11, 12, 13, 14, and 16 of this chapter during the post-closure care period; and
(2) a description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:
(A) the integrity of the cap and final cover and other containment systems in accordance with the requirements of articles 11, 12, 13, 14, and 16 of this chapter; and
(B) the function of the monitoring equipment in accordance with the requirements of articles 6, 11, 12, 13, 14, and 16 of this chapter; and
(3) the name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period.
(c) Until final closure of the facility, a copy of the approved post-closure plan and all revisions shall be kept at the facility and furnished to the Department upon request, including request by mail. After final closure, the person or office specified in section 66264.118(b)(3) shall keep an updated and approved post-closure plan during the remainder of the post-closure period.
(d) Amendment of plan. The owner or operator shall submit a written notification of or request for a permit modification to authorize a change in the approved post-closure plan in accordance with the applicable requirements of chapters 20 and 21 of this division. The written notification or request shall include a copy of the amended post-closure plan for review or approval by the Department.
(1) The owner or operator may submit a written notification or request to the Department for a permit modification to amend the post-closure plan at any time during the active life of the facility or during the post-closure care period.
(2) The owner or operator shall submit a written notification of or request for a permit modification to authorize a change in the approved post-closure plan whenever:
(A) changes in operating plans or facility design affect the approved post-closure plan, or
(B) there is a change in the expected year of final closure, if applicable, or
(C) events which occur during the active life of the facility or the post-closure care period, including partial and final closures, affect the approved post-closure plan.
(3) The owner or operator shall submit a written request for a permit modification at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-closure plan. The Department will approve, disapprove or modify this amended plan in accordance with the procedures in chapters 20 and 21 of this division. In accordance with section 66270.32 of this division, the approved post-closure plan will become a permit condition.
(4) The Department shall modify or request modifications to the plan under the conditions described in section 66264.118(d)(2) or for other causes if deemed necessary to prevent threats to human health and the environment. The owner or operator shall submit the modified plan no later than 60 days after the Department's request. Any modifications requested by the Department will be approved, disapproved, or modified in accordance with the procedures in chapters 20 and 21 of this division.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.118. 
  
 



s 66264.119. Post-Closure Notices.
 (a) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Department a record of the type, location, and quantity of hazardous wastes disposed of within each cell or area (not limited to only hazardous waste disposal unit) of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator shall identify the type, location, and quantity of the hazardous wastes to the best of the owner's or operator's knowledge and in accordance with any records the owner or operator has kept. Any changes in the type, location or quantity of hazardous wastes disposed of within each cell or area of the facility that occur after the survey plat and record of wastes have been filed shall be reported to the local zoning authority or the authority with jurisdiction over local land use and to the Department.
(b) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall:
(1) record, in accordance with State law, a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:
(A) the land has been used to manage hazardous wastes; and
(B) its use is restricted under article 7 of this chapter; and
(C) the survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or area (not limited to only hazardous waste disposal unit) of the facility required by sections 66264.116 and 66264.119(a) have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the Department; and
(2) submit, to the Department, a certification, signed by the owner, that the notation specified in subsection (b)(1) of this section has been recorded, including a copy of the document in which the notation has been placed.
(c) If at any time the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated underlying and surrounding soils, the owner or operator shall request a modification to the post-closure permit in accordance with the applicable requirements in chapters 20 and 21 of this division. The owner or operator shall demonstrate that the removal of hazardous wastes will satisfy the criteria of section 66264.117(d). By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of this chapter. If the Department grants a permit modification or otherwise grants approval to conduct such removal activities, and the removal activities are completed to the satisfaction of the Department the owner or operator may request that the Department approve either:
(1) the removal of the notation on the deed to the facility property or other instrument normally examined during title search; or
(2) the addition of a notation to the deed or instrument indicating the removal of the hazardous waste.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.119. 
  
 



s 66264.120. Certification of Completion of Post-Closure Care.
No later than 60 days after completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator shall submit to the Department, by registered mail, a certification that the post-closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post-closure plan. The certification shall be signed by the owner or operator and an independent qualified professional engineer, registered in California. Documentation supporting the independent qualified registered professional engineer's certification shall be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for post-closure care under section 66264.145, subsection (j).
 
  Note: Authority cited: Sections 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.120. 
  
 



s 66264.140. Applicability.
 (a) The requirements of sections 66264.142, 66264.143 and 66264.147 apply to owners and operators of all hazardous waste facilities, as defined in section 66260.10, except as provided otherwise in this article.
(b) The requirements of sections 66264.144 and 66264.145 apply only to owners and operators of:
(1) hazardous waste facilities, which are disposal facilities, as defined in section 66260.10;
(2) for purposes of this article, a facility which utilizes a temporary waste pile, as defined in section 66260.10, and surface impoundments as defined in section 66260.10, shall be considered as a disposal site until the owner or operator has demonstrated to the satisfaction of the Department that all wastes have been removed from the site;
(3) tank systems that are required under section 66264.197 to meet the requirements for landfills; and
(4) Containment buildings that are required under section 66264.1102 to meet the requirements for landfills.
(c) States and the Federal government are exempt from the requirements of this article.
(d) For purposes of this article, state government shall not include municipal, local, city, county, city-county special district government or any subdivisions thereof.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 58012, Health and Safety Code; 40 CFR Section 264.140. 
  
 



s 66264.141. Definition of Terms As Used in This Article.
 (a) The following terms, as defined in section 66260.10 are used in the specifications for the financial tests for closure, post-closure care, and liability coverage. The definitions are intended to assist in the understanding of these regulations and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices.
"Assets"
"Current assets"
"Current liabilities"
"Current plugging and abandonment cost estimate"
"Independently audited"
"Liabilities"
"Net working capital"
"Net worth"
"Substantial business relationship"
"Tangible net worth"
(b) In the liability coverage requirements the terms "bodily injury" and  "property damage" as defined in section 66260.10 shall have the meanings given these terms by applicable State law. However, these terms do not include those liabilities which, consistent with standard industry practices, are excluded from coverage in liability policies for bodily injury and property damage. The Department intends the meanings of other terms used in the liability insurance requirements to be consistent with their common meanings within the insurance industry. The definitions given below and defined in section 66260.10 are intended to assist in the understanding of these regulations and are not intended to limit their meanings in a way that conflicts with general insurance industry usage.
"Accidental occurrence"
"Legal defense costs"
"Nonsudden accidental occurrence"
"Sudden accidental occurrence"
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 264.141. 
  
 



s 66264.142. Cost Estimate for Closure.
 (a) The owner or operator shall prepare and submit to the Department a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the requirements in sections 66264.111 through 66264.115 and applicable closure requirements in sections 66264.178, 66264.197, 66264.228, 66264.258, 66264.280, 66264.310, 66264.351, 66264.601 through 66264.603, and 66264.1102.
(1) The estimate shall be submitted in accordance with sections 66270.10 and 66270.14. The estimate shall equal the cost of final closure at the point in the facility's active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan (see section 66264.112(b)).
(2) The closure cost estimate shall be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in section 66260.10.) The owner or operator may use costs for on-site disposal if it can be demonstrated that on-site disposal capacity will exist at all times over the life of the facility.
(3) The closure cost estimate shall not incorporate any salvage value that may be realized with the sale of hazardous wastes, or non-hazardous wastes if applicable under section 66264.113(d), facility structures or equipment, land, or other assets associated with the facility at the time of partial or final closure.
(4) The owner or operator shall not incorporate a zero cost for hazardous wastes, or non-hazardous wastes if applicable under section 66264.113(d), that might have economic value.
(b) During the active life of the facility, the owner or operator shall adjust the closure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with section 66264.143. For owners and operators using the financial test or corporate guarantee, the closure cost estimate shall be updated for inflation within 30 days after the close of the firm's fiscal year and before submission of updated information to the Department as specified in section 66264.143(f)(3). The adjustment shall be made by recalculating the maximum costs of closure in current dollars, or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business, as specified in subsections (b)(1) and (2) of this section. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.
(c) During the active life of the facility, the owner or operator shall revise the closure cost estimate no later than 30 days after the Department has approved the request to modify the closure plan, if the change in the closure plan increases the cost of closure. The revised closure cost estimate shall be adjusted for inflation as specified in subsection (b) of this section.
(d) The owner or operator shall keep the following at the facility during the operating life of the facility: the latest closure cost estimate prepared in accordance with subsections (a) and (c) of this section and, when this estimate has been adjusted in accordance with subsection (b) of this section, the latest adjusted closure cost estimate.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code; 40 CFR Section 264.142. 
  
 



s 66264.143. Financial Assurance for Closure.
An owner or operator of each facility shall establish and demonstrate to the Department financial assurance for closure of the facility. The owner or operator shall choose from the options as specified in subsections (a) through (f) and (i) of this section or section 66264.146 of this article.
(a) Closure trust fund.
(1) An owner or operator may satisfy the requirements of this section by establishing a closure trust fund which conforms to the requirements of this subsection and submitting an originally signed duplicate of the trust agreement to the Department. An owner or operator of a new facility shall submit the originally signed duplicate of the trust agreement to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement shall be identical to the wording specified in section 66264.151, subsection (a)(1), shall contain original signatures and shall be accompanied by a formal certification of acknowledgment (for example, see section 66264.151, subsection (a)(2)). Schedule A of the trust agreement shall be updated within 60 days after a change in the amount of the current closure cost estimate covered by the trust agreement.
(3) Payments into the trust fund shall be made annually by the owner or operator over the term of the initial RCRA permit, or ten (10) years beginning with the establishment of the trust fund or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the closure trust fund shall be made as follows:
(A) For existing facilities, the first payment shall be made at the time the trust fund is established; a receipt from the trustee for this payment shall be submitted by the owner or operator to the Department. The first payment shall be at least equal to the current closure cost estimate, except as provided in subsection (g) of this section, divided by the number of years in the pay-in period. Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by this formula:
Next payment = CE-CV
 Y
where CE is the current closure cost estimate, CV is the current value of the trust fund and Y is the number of years remaining in the pay-in period.
(B) For a new facility, the first payment shall be made before the initial receipt of hazardous waste for transfer, treatment, storage or disposal. A receipt from the trustee for this payment shall be submitted by the owner or operator to the Department before this initial receipt of hazardous waste. The first payment shall be at least equal to the current closure cost estimate, except as provided in subsection (g) of this section, divided by the number of years in the pay-in period. Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by this formula:
Next payment = CE-CV
 Y
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(C) If an owner or operator establishes a trust fund as specified in section 66265.143(a) of this division, and the value of that trust fund is less than the current closure cost estimate when a permit is awarded for the facility, the amount of the current closure cost estimate still to be paid into the trust fund shall be paid in over the pay-in period as defined in subsection (a)(3) of this section. Payments shall continue to be made no later than 30 days after each anniversary date of the first payment made pursuant to chapter 15 of this division. The amount of each payment must be determined by this formula:
Next payment = CE-CV
 Y
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(4) The owner or operator may accelerate payments into the trust fund or the full amount of the current closure cost estimate may be deposited at the time the fund is established. However, the value of the fund shall be maintained at no less than the value that the fund would have if annual payments were made as specified in subsection (a)(3) of this section.
(5) If the owner or operator establishes a closure trust fund after having used one or more alternate mechanisms specified in this section or in section 66265.143 of this division, the first payment shall be in at least the amount that the fund would contain if the trust fund were established initially and annual payments made according to specifications of this subsection and section 66265.143, subsection (a) of this division, as applicable.
(6) After the pay-in period is completed, whenever the current closure cost estimate changes, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current closure cost estimate, or obtain other financial assurance as specified in this section to cover the difference.
(7) If the value of the trust fund is greater than the total amount of the current closure cost estimate, the owner or operator may submit a written request to the Department for release of the amount in excess of the current closure cost estimate.
(8) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust fund, a written request may be submitted to the Department for release of the amount in excess of the current closure cost estimate covered by the trust fund.
(9) Within 60 days after receiving a request from the owner or operator for release of funds as specified in subsections (a)(7) or (8) of this section, the Department will instruct the trustee to release to the owner or operator such funds as the Department specifies in writing.
(10) Before beginning final closure, the value of the trust fund shall equal the amount of the current closure cost estimate. If the value of the fund is less than the amount of the current estimate, the owner or operator shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current closure cost estimate, or obtain other financial assurance, as specified in this section, to cover the difference.
(11) After beginning partial or final closure, an owner or operator or another person authorized to conduct partial or final closure may request reimbursements for partial or final closure expenditures by submitting itemized bills to the Department. The owner or operator may request reimbursements for partial closure only if sufficient funds are remaining in the trust fund to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills for partial or final closure activities, the Department shall instruct the trustee to make reimbursements in those amounts as the Department specifies in writing, if the Department determines that the partial or final closure expenditures are in accordance with the approved closure plan, or otherwise justified. If the Department has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the value of the trust fund, reimbursements of such amounts may be withheld until the Department determines, in accordance with subsection (j) of this section that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the Department does not instruct the trustee to make such reimbursements, the Department shall provide the owner or operator with a detailed written statement of reasons.
(12) The Department shall agree to termination of the trust when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (j) of this section.
(b) Surety bond guaranteeing payment into a closure trust fund.
(1) An owner or operator may satisfy the requirements of this section by obtaining a surety bond which conforms to the requirements of this subsection and submitting the bond to the Department. An owner or operator of a new facility shall submit the bond to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The bond shall be effective before this initial receipt of hazardous waste. The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond shall be identical to the wording specified in section 66264.151, subsection (b). The surety bond shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the surety bond; and
(B) until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current closure cost estimates as required by subsection (a)(2) of this section;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner or operator shall:
(A) fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure of the facility; or
(B) fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to begin final closure issued by the Department becomes final, or within 15 days after an order to begin final closure is issued by a U.S. district court or other court of competent jurisdiction; or
(C) provide alternate financial assurance as specified in this section, and obtain the Department's written approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
(6) The penal sum of the bond shall be in an amount at least equal to the current closure cost estimate, except as provided in subsection (g) of this section.
(7) Whenever the current closure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval by the Department.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipt.
(9) The owner or operator may cancel the bond with prior written consent from the Department based on receipt of evidence of alternate financial assurance as specified in this section.
(c) Surety bond guaranteeing performance of closure.
(1) An owner or operator of a permitted facility, as defined in section 66260.10, may satisfy the requirements of this section by obtaining a surety bond which conforms to the requirements of this subsection and submitting the bond to the Department. An owner or operator of a new facility shall submit the bond to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The bond shall be effective before this initial receipt of hazardous waste. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond shall be identical to the wording specified in section 66264.151, subsection (c). The surety bond shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust must meet the requirements specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the surety bond; and
(B) unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement to show current closure cost estimates as required by subsection (a)(2) of this section;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner or operator will:
(A) perform final closure in accordance with the closure plan and other requirements of the permit for the facility whenever required to do so; or
(B) provide alternate financial assurance as specified in this section, and obtain the Department's written approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination by the Department that the owner or operator has failed to perform final closure in accordance with the approved closure plan and other permit requirements when required to do so, under the terms of the bond the surety shall perform final closure as guaranteed by the bond or shall deposit the amount of the penal sum into the standby trust fund. For facilities that require a RCRA permit, the determination shall be made pursuant to Health and Safety Code Section 25187.
(6) The penal sum of the bond shall be in an amount at least equal to the current closure cost estimate.
(7) Whenever the current closure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval from the Department.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Department has given prior written consent. The Department will provide such written consent when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(10) The surety shall not be liable for deficiencies in the performance of closure by the owner or operator after the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(d) Closure letter of credit.
(1) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit which conforms to the requirements of this subsection and submitting the letter to the Department. An owner or operator of a new facility shall submit the letter of credit to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The letter of credit shall be effective before this initial receipt of hazardous waste. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit shall be identical to the wording specified in section 66264.151, subsection (d). The letter of credit shall contain original signatures and shall be accompanied by the documents specified in (3) and (4) of this subsection.
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Department shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements of the trust fund specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement  shall be submitted to the Department with the letter of credit; and
(B) unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current closure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The letter of credit shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date and providing the following information: the hazardous waste facility Identification Number, name, and address of the facility, and the amount of funds assured for closure of the facility by the letter of credit.
(5) The letter of credit shall be irrevocable and issued for a period of at least one (1) year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one (1) year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Department by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the owner or operator and the Department have received the notice, as evidenced by the return receipts.
(6) The letter of credit shall be issued in an amount at least equal to the current closure cost estimate, except as provided in subsection (g) of this section.
(7) Whenever the current closure cost estimate increases to an amount greater than the amount of the letter of credit, the owner or operator, within 60 days after the increase, shall either cause the amount of the letter of credit to be increased so that it at least equals the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the amount of the letter of credit may be reduced to the amount of the current closure cost estimate following written approval from the Department.
(8) Following a determination by the Department that the owner or operator has failed to perform final closure in accordance with the closure plan and other permit requirements when required to do so, the Department may draw on the letter of credit. For facilities that require a RCRA permit, the determination shall be made pursuant to Health and Safety Code Section 25187.
(9) If the owner or operator does not establish alternate financial assurance as specified in this section, and obtain written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the Department shall draw on the letter of credit. The Department shall delay drawing on the letter of credit in accordance with the provisions of this paragraph, if the issuing institution grants an extension of the term of the credit. During the last 30 days of any such extension the Department shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this section and obtain written approval of such assurance from the Department.
(10) The Department shall return the letter of credit to the issuing institution for termination when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(e) Closure insurance.
(1) An owner or operator may satisfy the requirements of this section by obtaining closure insurance which conforms to the requirements of this section and submitting a certificate of such insurance to the Department. An owner or operator of a new facility shall submit the certificate of insurance to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The insurance shall be effective before this initial receipt of hazardous waste. At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
(2) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (e). The certificate of insurance shall contain original signatures.
(3) The closure insurance policy shall be issued for a face amount at least equal to the current closure cost estimate, except as provided in subsection (g) of this section. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer shall not change the face amount, although the insurer's future liability shall be lowered by the amount of the payments.
(4) The closure insurance policy shall guarantee that funds shall be available to close the facility whenever final closure occurs. The policy shall also guarantee that once final closure begins, the insurer shall be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon direction from the Department, to such party or parties as the Department specifies.
(5) After beginning partial or final closure, an owner or operator or any other person authorized to conduct closure may request reimbursements for closure expenditures by submitting itemized bills to the Department. The owner or operator may request reimbursements for partial closure only if the remaining value of the policy is sufficient to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills for closure activities, the Department shall instruct the insurer to make reimbursements in such amounts as the Department specifies in writing, if the Department determines that the partial or final closure expenditures are in accordance with the approved closure plan or are otherwise justified. If the Department has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the face amount of the policy, the Department may withhold reimbursements of such amounts as it deems prudent until it is determined, in accordance with subsection (j) of this section, that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the Department does not instruct the insurer to make such reimbursements, the owner or operator will be provided a detailed written statement of reasons.
(6) The owner or operator shall maintain the policy in full force and effect until the Department consents to termination of the policy by the owner or operator as specified in subsection (e)(10) of this section. Failure to pay the premium, without substitution of alternate financial assurance as specified in this section, shall constitute a significant violation of these regulations, warranting such remedy as the Department deems necessary. Such violation will be deemed to begin upon receipt by the Department of a notice of future cancellation, termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy shall contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(8) The policy shall provide that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy shall, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the Department. Cancellation, termination or failure to renew may not occur, however, during the 120 days beginning with the date of receipt of the notice by both the Department and the owner or operator, as evidenced by the return receipts. Cancellation, termination or failure to renew shall not occur and the policy shall remain in full force and effect in the event that on or before the date of expiration:
(A) the Department deems the facility abandoned; or
(B) the permit is denied, terminated or revoked or a new permit is denied; or
(C) closure is ordered by the Department or any other State or Federal agency, U.S. district court or other court of competent jurisdiction; or
(D) the owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
(E) the premium due is paid.
(9) Whenever the current closure cost estimate increases to an amount greater than the face amount of the policy, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the face amount may be reduced to the amount of the current closure cost estimate following written approval by the Department.
(10) The Department shall give written consent to the owner or operator to terminate the insurance policy when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(f) Financial test and guarantee for closure.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he or she passes a financial test as specified in this subsection. To pass this test the owner or operator shall meet the criteria of either subsection (f)(1)(A) or (B) of this section.
(A) The owner or operator shall have:
1. two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion and amortization to total liabilities greater than 0.1; and a ratio of current assets to current liabilities greater than 1.5; and
2. net working capital and tangible net worth each at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(B) The owner or operator shall have:
1. a current rating for his or her most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; and
2. tangible net worth at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(2) The phrase "current closure and postclosure cost estimates" as used in subsection (f)(1) of this section refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the owner's or operator's chief financial officer. The phrase "current plugging and abandonment cost estimates" as used in subsection (f)(1) of this section refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the owner's or operator's chief financial officer.
(3) To demonstrate that this test has been met, the owner or operator shall submit the following items to the Department:
(A) a letter signed by the owner's or operator's chief financial officer. The letter shall be on the owner or operator's official letterhead stationery, shall contain an original signature and shall be completed as specified in section 66264.151, subsection (f); and
(B) a copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and
(C) a special report from the owner's or operator's independent certified public accountant to the owner or operator stating that:
1. the independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and
2. in connection with that procedure, no matters came to the independent certified public accountant's attention which caused that accountant to believe that the specified data should be adjusted.
(4) An owner or operator of a new facility shall submit the items specified in subsection (f)(3) of this section to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal.
(5) After the initial submission of items specified in subsection (f)(3) of this section, the owner or operator shall send updated information to the Department within 90 days after the close of each succeeding fiscal year. This information shall consist of all three items specified in subsection (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of subsection  (f)(1) of this section, the owner or operator shall send notice to the Department of intent to establish alternate financial assurance as specified in this section. The notice shall be sent by certified mail within 90 days after any occurrence that prevents the owner or operator from meeting the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after the end of the company's latest completed fiscal year.
(7) The Department may, based on a reasonable belief that the owner or operator may no longer meet the requirements of subsection (f)(1) of this section, require reports of financial condition at any time from the owner or operator in addition to those specified in subsection (f)(3) of this section. If the Department finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subsection (f)(1) of this section, the owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of such a finding.
(8) The Department may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see subsection (f)(3)(B) of this section). An adverse opinion or a disclaimer of opinion shall be cause for disallowance. The Department shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of the disallowance.
(9) The owner or operator is no longer required to submit the items specified in subsection (f)(3) of this section when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (j) of this section.
(10) An owner or operator may meet the requirements of this section by obtaining a written guarantee. The guarantor shall be the direct or higher-tier parent corporation as defined in section 66260.10 of the owner or operator, a firm whose parent corporations is also the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor shall meet and comply with the requirements for owners or operators in subsections (f)(1) through (f)(8) of this section and shall comply with the terms of the guarantee. The guarantee shall be on the official letterhead stationery of the parent corporation. The guarantee shall contain an original signature which shall be formally witnessed or notarized, and the wording shall be identical to the wording specified in section 66264.151, subsection (h). A certified copy of the guarantee shall accompany the items sent to the Department as specified in subsection (f)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter must describe this "substantial business relationship" and the value received in consideration of the guarantee. The terms of the guarantee shall provide that:
(A) if the owner or operator fails to perform final closure of a facility covered by the guarantee in accordance with the closure plan and other permit requirements whenever required to do so, the guarantor shall do so or establish a trust fund as specified in subsection (a) of this section in the name of the owner or operator;
(B) the guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts;
(C) if the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the guarantee from the guarantor, the guarantor shall provide such alternative financial assurance in the name of the owner or operator.
(g) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by establishing more than one financial mechanism per facility. The mechanisms shall be as specified in subsections (a), (b), (d), (e), and (i) of this section, except that it is the combination of mechanisms, rather than the single mechanism, which shall provide financial assurance for an amount at least equal to the current closure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, the trust fund may be used as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other as "excess" coverage. The Department may use any or all of the mechanisms to provide for closure of the facility.
(h) Use of a financial mechanism for multiple facilities.
An owner or operator may use one or more of the financial assurance mechanisms specified in this section to meet the requirements of this section for more than one facility. Evidence of financial assurance submitted to the Department shall include a list showing, for each facility, the Hazardous Waste Facility Identification Number, name, address and the amount of funds for closure assured by the mechanism. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for closure of any of the facilities covered by the mechanism, the Department may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
(i) Alternative Financial Mechanism for Closure Costs.
(1) An owner or operator of facilities which manage solely non-RCRA hazardous waste may establish financial assurance for closure by means of a financial mechanism other than as specified in subsections (a) through (f) of this section, provided that prior to its use the mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the financial mechanisms specified in subsections (a) through (f) of this section. The Department shall evaluate the equivalency of a mechanism principally in terms of:
(A) Certainty of the availability of funds for the required closure activities; and
(B) The amount of funds that will be made available. The Department may also consider other factors deemed to be appropriate, and may require the owner or operator to submit additional information as is deemed necessary to make the determination.
(2) The owner or operator shall submit to the Department the proposed mechanism together with a letter requesting that the proposed mechanism be considered acceptable for meeting the requirements of section 66264.143. The submission shall include the following information:
(A) name, address and telephone number of issuing institution; and
(B) hazardous waste facility identification number, name, address and closure cost estimate for each facility; and
(C) the amount of funds for closure to be assured for each facility by the proposed mechanism; and
(D) the terms of the proposed mechanism (period covered, renewal/extension, cancellation).
(3) The Department shall notify the owner or operator in writing of the determination made regarding the proposed mechanism's acceptability in lieu of the financial mechanisms specified in subsections (a) through (f) of this section.
(4) If a proposed mechanism is found acceptable, the owner or operator shall submit a fully executed document to the Department. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment.
(5) If a proposed mechanism is found acceptable except for the amount of funds, the owner or operator shall either increase the amount of the mechanism or obtain other financial assurance as specified in subsections (a) through (f) of this section. The amount of funds available through the combination of mechanisms shall at least equal the current closure cost estimate.
(j) Release of the owner or operator from the requirements of this section.
(1) Within 60 days after receiving certifications from the owner or operator and an independent professional engineer, registered in California, that final closure has been completed in accordance with the approved closure plan, the Department shall notify the owner or operator in writing that they are no longer required by this section to maintain financial assurance for final closure of the facility, unless the Department has reason to believe that final closure has not been in accordance with the approved closure plan. The Department shall provide the owner or operator a detailed written statement of any such reason to believe that closure has not been in accordance with the approved closure plan.
(2) When transfer of ownership or operational control of a facility occurs, and the new owner or operator has demonstrated to the satisfaction of the Department that they are complying with the financial requirements of this section, the Department shall notify the previous owner or operator in writing that they are no longer required to maintain financial assurance for closure of that particular facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 264.143. 
  
 



s 66264.144. Cost Estimate for Postclosure Care.
 (a) The owner or operator of a disposal surface impoundment, disposal miscellaneous unit, land treatment unit, or landfill unit, or of a surface impoundment or waste pile required under section 66264.228 and section 66264.258 to prepare a contingent closure and postclosure plan, shall prepare and submit to the Department a detailed written estimate, in current dollars, of the annual cost of postclosure monitoring and maintenance of the facility in accordance with the applicable postclosure regulations in sections 66264.117 through 66264.120, 66264.228, 66264.258, 66264.280, 66264.310 and 66264.603.
(1) The postclosure cost estimate shall be based on the costs to the owner or operator of hiring a third party to conduct postclosure care activities. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in section 66260.10).
(2) The postclosure cost estimate is calculated by multiplying the annual postclosure cost estimate by the number of years of postclosure care required under section 66264.117.
(b) During the active life of the facility, the owner or operator shall adjust the postclosure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with section 66264.145. For owners or operators using the financial test or corporate guarantee, the postclosure cost estimate shall be updated for inflation within 30 days after the close of the firm's fiscal year and before the submission of updated information to the Department as specified in section 66264.145(f)(5). The adjustment shall be made by recalculating the postclosure cost estimate in current dollars or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business as specified in subsections (b)(1) and (b)(2) of this section. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the postclosure cost estimate by the inflation factor. The result is the adjusted postclosure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted postclosure cost estimate by the latest inflation factor.
(c) During the active life of the facility, the owner or operator shall revise the postclosure cost estimate within 30 days after the Department has approved the request to modify the postclosure plan, if the change in the postclosure plan increases the cost of postclosure care. The revised postclosure cost estimate shall be adjusted for inflation as specified in section 66264.144(b).
(d) The owner or operator shall keep the following at the facility during the operating life of the facility: the latest postclosure cost estimate prepared in accordance with section 66264.144(a) and (c) and, when this estimate has been adjusted in accordance with section 66264.144(b), the latest adjusted postclosure cost estimate.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 264.144. 
  
 



s 66264.145. Financial Assurance for Postclosure Care.
The owner or operator of a hazardous waste management unit subject to the requirements of section 66264.144 shall establish and demonstrate to the Department financial assurance for postclosure care in accordance with the approved postclosure plan for the facility 60 days prior to the initial receipt of hazardous waste or the effective date of the regulation, whichever is later. The owner or operator shall choose from the following options as specified in subsections (a) through (f) and (i) of this section.
(a) Postclosure trust fund.
(1) An owner or operator may satisfy the requirements of this section by establishing a postclosure trust fund which conforms to the requirements of this subsection and submitting an originally signed duplicate of the trust agreement to the Department. An owner or operator of a new facility shall submit the originally signed duplicate of the trust agreement to the Department at least 60 days before the date on which hazardous waste is first received for disposal. The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement shall be identical to the wording specified in section 66264.151, subsection (a)(1). The trust agreement shall contain original signatures and shall be accompanied by a formal certification of acknowledgment (for example, see section 66264.151, subsection (a)(2)). Schedule A of the trust agreement shall be updated within 60 days after a change in the amount of the current postclosure cost estimate covered by the agreement.
(3) Payments into the trust fund shall be made annually by the owner or operator over the ten (10) years beginning with the establishment of the trust fund, or the term of the initial RCRA permit or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the postclosure trust fund shall be made as follows.
(A) for an existing facility, the first payment shall be made at the time the trust fund is established; a receipt from the trustee for this payment shall be submitted by the owner or operator to the Department. The first payment shall be at least equal to the current postclosure cost estimate, except as provided in subsection (g) of this section, divided by the number of years in the pay-in period. Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by this formula:
 CE-CV
Y
where CE is the current postclosure cost estimate, CV is the current value of the trust fund and Y is the number of years remaining in the pay-in period.
(B) for a new facility, the first payment shall be made before the initial receipt of hazardous waste for disposal. A receipt from the trustee for this payment shall be submitted by the owner or operator to the Department before this initial receipt of hazardous waste. The first payment shall be at least equal to the current postclosure cost estimate, except as provided in subsection (g) of this section, divided by the number of years in the pay-in period. Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by this formula:
 CE-CV
Y
where CE is the current postclosure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(C) if an owner or operator establishes a trust fund as specified in section 66265.145, subsection (a) of this division, and the value of that trust fund is less than the current postclosure cost estimate when a permit is awarded for the facility, the amount of the current postclosure cost estimate still to be paid into the fund shall be paid in over the pay-in period as defined in subsection (a)(3) of this section. Payments shall continue to be made no later than 30 days after each anniversary date of the first payment made pursuant to chapter 15 of this division. The amount of each payment shall be determined by this formula:
 CE-CV
Y
where CE is the current postclosure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(4) The owner or operator may accelerate payments into the trust fund or deposit the full amount of the current postclosure cost estimate at the time the fund is established. However, the value of the fund shall be maintained at no less than the value that the fund would have if annual payments were made as specified in subsection (a)(3) of this section.
(5) If the owner or operator establishes a postclosure trust fund after having used one or more alternate mechanisms specified in this section or in section 66265.145 of this division, the first payment shall be in at least the amount that the fund would contain if the trust fund were established initially and annual payments made according to specifications of this subsection as applicable.
(6) After the pay-in period is completed, whenever the current postclosure cost estimate changes during the operating life of the facility, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current postclosure cost estimate, or obtain other financial assurance as specified in this section to cover the difference.
(7) During the operating life of the facility, if the value of the trust fund is greater than the total amount of the current postclosure cost estimate, the owner or operator may submit a written request to the Department for release of the amount in excess of the current postclosure cost estimate.
(8) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust fund, the owner or operator may submit a written request to the Department for release of the amount in excess of the current postclosure cost estimate covered by the trust fund.
(9) Within 60 days after receiving a request from the owner or operator for release of funds as specified in subsection (a)(7) or (a)(8) of this section, the Department will instruct the trustee to release to the owner or operator such funds as the Department specifies in writing.
(10) Before final postclosure occurs, the value of the trust fund shall equal the amount of the current postclosure cost estimate. If the value of the fund is less than the amount of the current estimate, the owner or operator shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current postclosure cost estimate, or obtain other financial assurance, as specified in this section, to cover the difference.
(11) During the period of postclosure care, the Department shall approve a release of funds if the owner or operator demonstrates to the satisfaction of the Department that the value of the trust fund exceeds the remaining cost of postclosure care.
(12) An owner or operator or any other person authorized to conduct postclosure care may request reimbursements for postclosure care expenditures by submitting itemized bills to the Department. Within 60 days after receiving bills for postclosure care activities, the Department shall instruct the trustee to make reimbursements in those amounts as the Department specifies in writing, if the Department determines that the postclosure care expenditures are in accordance with the approved postclosure plan or otherwise justified. If the Department does not instruct the trustee to make such reimbursements, the owner or operator shall be provided with a detailed written statement of reasons.
(13) The Department shall agree to termination of the trust when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (j) of this section.
(b) Surety bond guaranteeing payment into a postclosure trust fund.
(1) An owner or operator may satisfy the requirements of this section by obtaining a surety bond which conforms to the requirements of this subsection and submitting the bond to the Department. An owner or operator of a new facility shall submit the bond to the Department at least 60 days before the date on which hazardous waste is first received for disposal. The bond shall be effective before this initial receipt of hazardous waste. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond shall be identical to the wording specified in section 66264.151, subsection (b). The surety bond shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the surety bond; and
(B) until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current postclosure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner or operator will:
(A) fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure of the facility; or
(B) fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to begin final closure issued by the Department becomes final, or within 15 days after an order to begin final closure is issued by a U.S. district court or other court of competent jurisdiction; or
(C) provide alternate financial assurance as specified in this section to the Department for written approval within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
(6) The penal sum of the bond shall be in an amount at least equal to the current postclosure cost estimate, except as provided in subsection (g) of this section.
(7) Whenever the current postclosure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current postclosure cost estimate decreases, the Department shall approve, in writing, a reduction of the penal sum to the amount of the current postclosure cost estimate if the owner or operator demonstrates to the satisfaction of the Department that the penal sum exceeds the current postclosure cost estimate.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Department has given prior written consent based on receipt of evidence of alternate financial assurance as specified in this section.
(c) Surety bond guaranteeing performance of postclosure care.
(1) An owner or operator of a permitted facility, as defined in section 66260.10, may satisfy the requirements of this section by obtaining a surety bond which conforms to the requirements of this subsection and submitting the bond to the Department. An owner or operator of a new facility shall submit the bond to the Department at least 60 days before the date on which hazardous waste is first received for disposal. The bond shall be effective before this initial receipt of hazardous waste. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond shall be identical to the wording specified in section 66264.151, subsection (c). The surety bond shall contain original signatures and shall be accompanied by the documents specified in this subsection .
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the surety bond; and
(B) unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current postclosure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner or operator will:
(A) perform postclosure care in accordance with the postclosure plan and other requirements of the permit for the facility; or
(B) provide alternate financial assurance as specified in this section to the Department for written approval within 90 days of receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination by the Department that the owner or operator has failed to perform postclosure care in accordance with the approved postclosure plan and other permit requirements, under the terms of the bond the surety shall perform postclosure care in accordance with the postclosure plan and other permit requirements or shall deposit the amount of the penal sum into the standby trust fund.
(6) The penal sum of the bond shall be in an amount at least equal to the current postclosure cost estimate.
(7) Whenever the current postclosure cost estimate increases to an amount greater than the penal sum during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the Department shall approve, in writing, a reduction of the penal sum to the amount of the current postclosure cost estimate if the owner or operator demonstrates to the satisfaction of the Department that the amount exceeds the current postclosure estimate.
(8) During the period of postclosure care, the Department may approve a decrease in the penal sum if the owner or operator demonstrates to the satisfaction of the Department that the amount exceeds the remaining cost of postclosure care.
(9) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts.
(10) The owner or operator may cancel the bond if the Department has given prior written consent. The Department shall provide such written consent when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(11) The surety shall not be liable for deficiencies in the performance of postclosure care by the owner or operator after the Department releases the owner or operator from the requirements in accordance with subsection (j) of this section.
(d) Postclosure letter of credit.
(1) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit which conforms to the requirements of this subsection and submitting the letter to the Department. An owner or operator of a new facility shall submit the letter of credit to the Department at least 60 days before the date on which hazardous waste is first received for disposal. The letter of credit shall be effective before this initial receipt of hazardous waste. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit shall be identical to the wording specified in section 66264.151, subsection (d). The letter of credit shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Department shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements of the trust fund specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the trust agreement shall be submitted to the Department with the letter of credit; and
(B) unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current postclosure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The letter of credit shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date and providing the following information: the Hazardous Waste Facility Identification Number, name, and address of the facility and the amount of funds assured for postclosure care of the facility by the letter of credit.
(5) The letter of credit shall be irrevocable and issued for a period of at least one (1) year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one (1) year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Department by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the owner or operator and the Department have received the notice, as evidenced by the return receipts.
(6) The letter of credit shall be issued in an amount at least equal to the current postclosure cost estimate, except as provided in subsection (g) of this section.
(7) Whenever the current postclosure cost estimate increases to an amount greater than the amount of the letter of credit during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the amount of the letter of credit to be increased so that it at least equals the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the amount of the letter of credit may be reduced to the amount of the current postclosure cost estimate following written approval from the Department.
(8) During the period of postclosure care, the Department shall approve a decrease in the amount of the letter of credit if the owner or operator demonstrates to the Department that the amount exceeds the remaining cost of postclosure care.
(9) Following a determination by the Department that the owner or operator has failed to perform postclosure care in accordance with the approved postclosure plan and other permit requirements, the Department may draw on the letter of credit.
(10) If the owner or operator does not establish alternate financial assurance as specified in this section and obtain written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the Department shall draw on the letter of credit. The Department shall delay drawing on the letter of credit in accordance with the provisions of this paragraph, if the issuing institution grants an extension of the term of the credit. During the last 30 days of any such extension the Department shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this section and obtain written approval of such assurance from the Department.
(11) The Department shall return the letter of credit to the issuing institution for termination when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(e) Postclosure insurance.
(1) An owner or operator may satisfy the requirements of this section by obtaining postclosure insurance which conforms to the requirements of this subsection and submitting a certificate of such insurance to the Department. An owner or operator of a new facility shall submit the certificate of insurance to the Department at least 60 days before the date on which hazardous waste is first received for disposal. The insurance shall be effective before this initial receipt of hazardous waste. At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
(2) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (e). The certificate of insurance shall contain original signatures.
(3) The postclosure insurance policy shall be issued for a face amount at least equal to the current postclosure cost estimate, except as provided in subsection (g) of this section. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer shall not change the face amount, although the insurer's future liability shall be lowered by the amount of the payments.
(4) The postclosure insurance policy shall guarantee that funds shall be available to provide postclosure care of the facility whenever the postclosure period begins. The policy shall also guarantee that once postclosure care begins, the insurer shall be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the Department, to such party or parties as the Department specifies.
(5) An owner or operator or any other person authorized to conduct postclosure care may request reimbursements for postclosure care expenditures by submitting itemized bills to the Department. Within 60 days after receiving bills for postclosure care activities, the Department shall instruct the insurer to make reimbursements in those amounts as the Department specifies in writing, if the Department determines that the postclosure care expenditures are in accordance with the approved postclosure plan or otherwise justified. If the Department does not instruct the insurer to make such reimbursements, a detailed written statement of reasons will be provided to the owner or operator.
(6) The owner or operator shall maintain the policy in full force and effect until the Department consents to termination of the policy by the owner or operator as specified in subsection (e)(11) of this section. Failure to pay the premium, without substitution of alternate financial assurance as specified in this section, shall constitute a significant violation of these regulations, warranting such remedy as the Department deems necessary. Such violation shall be deemed to begin upon receipt by the Department of a notice of future cancellation, termination or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy shall contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(8) The policy shall provide that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy shall, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate or fail to renew the policy by sending notice by certified mail to the owner or operator and the Department. Cancellation, termination or failure to renew shall not occur, however, during the 120 days beginning with the date of receipt of the notice by both the Department and the owner or operator, as evidenced by the return receipts. Cancellation, termination, or failure to renew shall not occur and the policy shall remain in full force and effect in the event that on or before the date of expiration:
(A) the Department deems the facility abandoned; or
(B) the permit is denied, terminated or revoked or a new permit is denied; or
(C) closure is ordered by the Department or by any other state or federal agency, U.S. district court or other court of competent jurisdiction; or
(D) the owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
(E) the premium due is paid.
(9) Whenever the current postclosure cost estimate increases to an amount greater than the face amount of the policy during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the face amount may be reduced to the amount of the current postclosure cost estimate following written approval by the Department.
(10) Commencing on the date that liability to make payments pursuant to the policy accrues, the insurer shall thereafter annually increase the face amount of the policy. Such increase shall be equivalent to the face amount of the policy, less any payments made, multiplied by an amount equivalent to 85 percent of the most recent investment rate or of the equivalent coupon-issue yield announced by the U.S. Treasury for 26-week Treasury securities.
(11) The Department shall give written consent to the owner or operator that the insurance policy may be terminated when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (j) of this section.
(f) Financial test and guarantee for postclosure care.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he or she passes a financial test as specified in this section. To pass this test the owner or operator shall meet the criteria of either subsections (f)(1)(A) or (f)(1)(B) of this section.
(A) the owner or operator shall have:
1. two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion and amortization to total liabilities greater than 0.1; and a ratio of current assets to current liabilities greater than 1.5; and
2. net working capital and tangible net worth each at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(B) the owner or operator shall have:
1. a current rating for his or her most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; and
2. tangible net worth at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(2) The phrase "current closure and postclosure cost estimates" as used in subsection (f)(1) of this section refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the owner's or operator's chief financial officer (section 66265.151, subsection (f)). The phrase "current plugging and abandonment cost estimates" as used in subsection (f)(1) of this section refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the owner's or operator's chief financial officer.
(3) To demonstrate that this test has been met, the owner or operator shall submit the following items to the Department:
(A) a letter signed by the owner's or operator's chief financial officer and worded as specified in section 66264.151, subsection (f). The letter shall be on the owner or operator's official letterhead stationery, and shall contain an original signature; and
(B) a copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and
(C) a special report from the owner's or operator's independent certified public accountant to the owner or operator stating that:
1. the independent certified public accountant has compared the data which the letter from the chief financial officer specified as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and
2. in connection with that procedure, no matters came to the independent certified public accountant's attention which caused a belief that the specified data should be adjusted.
(4) An owner or operator of a new facility shall submit the items specified in subsection (f)(3) of this section to the Department at least 60 days before the date on which hazardous waste is first received for disposal.
(5) After the initial submission of items specified in subsection (f)(3) of this section, the owner or operator shall send updated information to the Department within 90 days after the close of each succeeding fiscal year. This information shall consist of all three items specified in subsection (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of subsection  (f)(1) of this section, the owner or operator shall send notice to the Department of the intent to establish alternate financial assurance as specified in this section. The notice shall be sent by certified mail within 90 days after any occurrence that prevents the owner or operator from meeting the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after such occurrence.
(7) The Department may, based on a reasonable belief that the owner or operator may no longer meet the requirements of subsection (f)(1) of this section, require reports of financial condition at any time from the owner or operator in addition to those specified in subsection (f)(3) of this section. If the Department finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subsection (f)(1) of this section, the owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of such a finding.
(8) The Department may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see subsection (f)(3)(B) of this section). An adverse opinion or a disclaimer of opinion shall be cause for disallowance. The Department shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of the disallowance.
(9) During the period of postclosure care, the Department shall approve a decrease in the current postclosure cost estimate for which this test demonstrates financial assurance if the owner or operator demonstrates to the Department that the amount of the cost estimate exceeds the remaining cost of postclosure care.
(10) The owner or operator is no longer required to submit the items specified in subsection (f)(3) of this section when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(11) An owner or operator may meet the requirements for this section by obtaining a written guarantee. The guarantor shall be the direct or higher-tier parent corporation as defined in section 66260.10, of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner of operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor shall meet the requirements for owners or operators in subsections (f)(1) through (f)(9) of this section and shall comply with the terms of the guarantee. The guarantee shall contain an original signature which shall be formally witnessed or notarized and the wording of the guarantee shall be identical to the wording specified in section 66264.151, subsection (h). A certified copy of the guarantee shall accompany the items sent to the Department as specified in subsection (f)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter must describe this "substantial business relationship" and the value received in consideration of the guarantee. The terms of the guarantee shall provide that:
(A) if the owner or operator fails to perform postclosure care of a facility covered by the guarantee in accordance with the postclosure plan and other permit requirements whenever required to do so, the guarantor shall do so or establish a trust fund as specified in subsection (a) of this section in the name of the owner or operator;
(B) the guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts;
(C) if the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the guarantee from the guarantor, the guarantor shall provide such alternate financial assurance in the name of the owner or operator.
(g) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by establishing more than one financial mechanism per facility. The mechanisms shall be as specified in subsections (a), (b), (d), (e), and (i) of this section, except that it is the combination of mechanisms, rather than the single mechanism, which shall provide financial assurance for an amount at least equal to the current postclosure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, he or she may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other as "excess" coverage. The Department may use any or all of the mechanisms to provide for postclosure care of the facility.
(h) Use of a financial mechanism for multiple facilities for postclosure care. An owner or operator may use one or more of the financial assurance mechanisms specified in this section to meet the requirements of this section for more than one facility. Evidence of financial assurance submitted to the Department shall include a list showing, for each facility, the Hazardous Waste Facility Identification Number, name, address and the amount of funds for postclosure care assured by the mechanism. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for postclosure care of any of the facilities covered by the mechanism, the Department may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
(i) Alternative Financial Mechanism for Postclosure Care.
(1) The owner or operator of facilities which solely manage non-RCRA hazardous waste may establish financial assurance for postclosure care by means of a financial mechanism other than as specified in subsections (a) through (f) of this section, provided that prior to its use the mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the financial mechanisms specified in subsections (a) through (f) of this section. The Department shall evaluate the equivalency of a mechanism principally in terms of:
(A) certainty of the availability of funds for the required postclosure care activities; and
(B) the amount of funds that will be made available;
(C) the Department may also consider other factors deemed to be appropriate, and may require the owner or operator to submit additional information as is deemed necessary to make the determination.
(2) The owner or operator shall submit to the Department the proposed mechanism together with a letter requesting that the proposed mechanism be considered acceptable for meeting the requirements of section 66264.145. The submission shall include the following information:
(A) name, address and phone number of the issuing institution; and
(B) hazardous waste facility identification number, name, address and postclosure cost estimate for each facility; and
(C) the amount of funds for postclosure care to be assured for each facility by the proposed mechanism; and
(D) the terms of the proposed mechanism (period covered, renewal/extension, cancellation).
(3) The Department shall notify the owner or operator in writing of the determination made regarding the proposed mechanism's acceptability in lieu of the financial assurance mechanisms specified in subsections (a) through (f) of this section.
(4) If a proposed mechanism is found acceptable, the owner or operator shall submit a fully executed document to the Department. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment.
(5) If a proposed mechanism is found acceptable except for the amount of funds, the owner or operator shall either increase the amount of the mechanism or obtain other financial assurance as specified in subsections (a) through (f) of this section. The amount of funds available through the combination of mechanisms shall at least equal the current postclosure cost estimate.
(j) Release of the owner or operator from financial assurance requirements for postclosure care.
(1) Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that all postclosure care requirements have been completed for a hazardous waste disposal unit in accordance with the approved postclosure plan, the Department, at the request of the owner or operator, shall notify the owner or operator in writing that maintenance of financial assurance is no longer required for postclosure care of that unit, unless the Department has reason to believe that postclosure care has not been in accordance with the approved postclosure plan. The Department shall provide the owner or operator with a detailed written statement of any such reason to believe that postclosure care has not been in accordance with the approved postclosure plan.
(2) When transfer of ownership or operational control of a facility occurs, and the new owner or operator has demonstrated to the satisfaction of the Department that the owner or operator is complying with the financial requirements of this section, the Department shall notify the previous owner or operator in writing that they are no longer required to maintain financial assurance for postclosure care of that particular facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 264.145. 
  
 



s 66264.146. Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care.
An owner or operator may satisfy the requirements for financial assurance for both closure and post-closure care for one or more facilities by using a trust fund, surety bond, letter of credit, insurance, financial test, corporate guarantee, or alternative mechanism, that meets the specifications for the mechanism in both section 66264.143 and section 66264.145. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of closure and of post-closure care.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25425, Health and Safety Code; 40 CFR Section 264.146. 
  
 



s 66264.147. Liability Requirements.
 (a) Coverage for sudden accidental occurrences. An owner or operator of a hazardous waste transfer, treatment, storage or disposal facility or a group of such facilities, shall demonstrate to the Department financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $1 million per occurrence with an annual aggregate of at least $2 million, exclusive of legal defense costs. This liability coverage may be demonstrated as specified in subsections (a)(1) through (7) of this section.
(1) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in this subsection.
(A) At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
(B) Each insurance policy shall be amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability Insurance. If requested by the Department, the owner or operator shall provide a copy of the insurance policy; the copy of the insurance policy shall contain original signatures.
(C) The wording of the liability endorsement shall be identical to the wording specified in section 66264.151, subsection (i). The liability endorsement shall contain original signatures and shall be submitted to the Department.
(D) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (j). The certificate of insurance shall contain original signatures and shall be submitted to the Department.
(E) An owner or operator of a new facility shall submit the liability endorsement or certificate of insurance to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The insurance shall be effective before this initial receipt of hazardous waste.
(2) An owner or operator may meet the requirements of this section by passing a financial test or using the guarantee for liability coverage as specified in subsections (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section by obtaining a letter of credit for liability coverage as specified in subsection (h) of this section.
(4) An owner or operator may meet the requirements of this section by obtaining a surety bond for liability coverage as specified in subsection (i) of this section.
(5) An owner or operator may meet the requirements of this section by obtaining a trust fund for liability coverage as specified in subsection (j) of this section.
(6) An owner or operator may demonstrate the required liability coverage through use of combinations of insurance, financial test, guarantee, letter of credit, payment bond and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated shall total at least the minimum amounts required by this section. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other assurance as "excess" coverage.
(7) An owner or operator may meet the requirements of this section by obtaining an alternative financial mechanism, as described in subsection (k) of this section; or
(8) An owner or operator shall notify the Department in writing within 30 days whenever:
(A) a claim results in a reduction in the amount of financial assurance for liability provided by a financial instrument authorized by subsections (a)(1) through (a)(7) of this section, or
(B) a Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste transfer, treatment, storage or disposal facility is entered between the owner or operator and third-party claimant for liability coverage under subsections (a)(1) through (a)(7) of this section; or
(C) a final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage under subsection (a)(1) through (a)(7) of this section.
(b) Coverage for nonsudden accidental occurrences. An owner or operator of a surface impoundment, as defined in section 66260.10, landfill, as defined in section 66260.10, land treatment facility, as defined in section 66260.10 or disposal miscellaneous unit which is used to manage hazardous waste, or a group of such facilities, shall demonstrate to the Department financial responsibility for bodily injury and property damage to third parties caused by nonsudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator shall have and maintain liability coverage for nonsudden accidental occurrences in the amount of at least $3 million per occurrence, as defined in section 66260.10, with an annual aggregate of at least $6 million, exclusive of legal defense costs. An owner or operator who must meet the requirements of this section may combine the required per-occurrence coverage levels for sudden and nonsudden accidental occurrences into a single per-occurrence level, and combine the required annual aggregate coverage levels for sudden and nonsudden accidental occurrences into a single annual aggregate level. Owners or operators who combine coverage levels for sudden and nonsudden accidental occurrences must maintain liability coverage in the amount of at least $4 million per occurrence and $8 million annual aggregate. This liability coverage may be demonstrated, as specified in subsections (b)(1) through (b)(7) of this section.
(1) An owner or operator may demonstrate the required liability coverage by obtaining liability insurance as specified in this subsection.
(A) At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
(B) Each insurance policy shall be amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability Insurance. If requested by the Department, the owner or operator shall provide a copy of the insurance policy; the copy of the insurance policy shall contain original signatures.
(C) The wording of the liability endorsement shall be identical to the wording specified in section 66264.151, subsection (i). The liability endorsement shall contain original signatures and shall be submitted to the Department.
(D) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (j). The certificate of insurance shall contain original signatures and shall be submitted to the Department.
(E) An owner or operator of a new facility shall submit the liability endorsement or certificate of insurance to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The insurance shall be effective before this initial receipt of hazardous waste.
(2) An owner or operator may meet the requirements of this section by passing a financial test or using the guarantee for liability coverage as specified in subsections (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section by obtaining a letter of credit for liability coverage as specified in subsection (h) of this section.
(4) An owner or operator may meet the requirements of this section by obtaining a payment bond for liability coverage as specified in subsection (i) of this section.
(5) An owner or operator may meet the requirements of this section by obtaining a trust fund for liability coverage as specified in subsection (j) of this section.
(6) An owner or operator may demonstrate the required liability coverage through the use of combinations of insurance, financial test, guarantee, letter of credit, payment bond and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated shall total at least the minimum amount required by this section. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify another assurance as "excess" coverage.
(7) An owner or operator may meet the requirements of this section by obtaining an alternative financial mechanism, as described in subsection (k) of this section.
(8) An owner or operator shall notify the Department in writing within 30 days whenever:
(A) a claim results in a reduction in the amount of financial assurance for liability coverage provided by a financial instrument authorized by subsections (b)(1) through (b)(7) of this section, or
(B) a Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste transfer, treatment, storage or disposal facility is entered between the owner or operator and third-party claimant for liability coverage under subsections (b)(1) through (b)(7) of this section; or
(C) a final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage under subsections (b)(1) through (b)(7) of this section.
(c) Request for variance. If an owner or operator can demonstrate to the satisfaction of the Department that the levels of financial responsibility required by subsection (a) or (b) of this section are not consistent with the degree and duration of risk associated with transfer, treatment, storage or disposal at the facility or group of facilities, the owner or operator may obtain a variance from the Department. The request for a variance shall be submitted to the Department as part of the application under section 66270.14 of this division for a facility that does not have a permit, or pursuant to the procedures for permit modification under section 66271.4 of this division for a facility that has a permit. If granted, the variance shall take the form of an adjusted level of required liability coverage, such level to be based on the Department's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. The Department may require an owner or operator who requests a variance to provide such technical and engineering information as is deemed necessary by the Department to determine a level of financial responsibility other than that required by subsection (a) or (b) of this section. Any request for a variance for a permitted facility will be treated as a request for a permit modification under section 66270.41, subsection (a)(5) and section 66271.4.
(d) Adjustments by the Department. If the Department determines that the levels of financial responsibility required by subsection (a) or (b) of this section are not consistent with the degree and duration of risk associated with transfer, treatment, storage or disposal at the facility or group of facilities, the Department may adjust the level of financial responsibility required under subsection (a) or (b) of this section as may be necessary to protect human health and the environment. This adjusted level shall be based on the Department's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. In addition, if the Department determines that there is a significant risk to human health and the environment from nonsudden accidental occurrences resulting from the operations of a facility that is not a surface impoundment, landfill or land treatment facility, the Department shall require that an owner or operator of the facility comply with subsection (b) of this section. An owner or operator shall furnish to the Department, within a reasonable time, any information which the Department requests to determine whether cause exists for such adjustments of level or type of coverage. Any adjustment of the level or type of coverage for a facility that has a permit will be treated as a permit modification under section 66270.41, subsection (a)(5) and section 66271.4.
(e) Period of coverage. Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that final closure has been completed in accordance with the approved closure plan, the Department shall notify the owner or operator in writing that he or she is no longer required by this section to maintain liability coverage for that facility, unless the Department has reason to believe that closure has not been in accordance with the approved closure plan.
(f) Financial test for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he or she passes a financial test as specified in this subsection. To pass this test the owner or operator shall meet the criteria of subsection (f)(1)(A) or (B).
(A) The owner or operator shall have:
1. net working capital and tangible net worth each at least six times the amount of liability coverage to be demonstrated by this test; and
2. tangible net worth of at least $10 million; and
3. assets in the United States amounting to either:
a. at least 90 percent of total assets; or
b. at least six times the amount of liability coverage to be demonstrated by this test.
(B) The owner or operator shall have:
1. a current rating for the most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's, or Aaa, Aa, A or Baa as issued by Moody's; and
2. tangible net worth of at least $10 million; and
3. tangible net worth at least six times the amount of liability coverage to be demonstrated by this test; and
4. assets in the United States amounting to either:
a. at least 90 percent of total assets; or
b. at least six times the amount of liability coverage to be demonstrated by this test.
(2) The phrase "amount of liability coverage" as used in subsection (f)(1) of this section refers to the annual aggregate amounts for which coverage is required under subsections (a) and (b) of this section.
(3) To demonstrate that this test can be met, the owner or operator shall submit the following items to the Department:
(A) a letter signed by the owner's or operator's chief financial officer and worded as specified in section 66264.151, subsection (g). The letter shall be on the official letterhead stationary of the owner or operator, and shall contain an original signature. An owner or operator may use the financial test to demonstrate both assurance for closure or postclosure care, as specified by sections 66264.143, subsection (f), 66264.145, subsection (f), 66265.143, subsection (e) and 66265.145, subsection (e), and liability coverage as specified in subsections (a) and (b) of this section. If an owner or operator is using the financial test to cover both forms of financial responsibility, a separate letter is not required;
(B) a copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year;
(C) a special report from the owner's or operator's independent certified public accountant to the owner or operator stating that:
1. the independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and
2. in connection with that procedure, no matters came to the independent certified public accountant's attention which caused him or her to believe that the specified data should be adjusted.
(4) An owner or operator of a new facility shall submit the items specified in subsection (f)(3) of this section to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal.
(5) After the initial submission of items specified in subsection (f)(3) of this section, the owner or operator shall send updated information to the Department within 90 days after the close of each succeeding fiscal year. This information shall consist of all items specified in subsection (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of subsection  (f)(1) of this section, liability coverage shall be obtained for the entire amount of coverage as described in this section by use of the financial mechanisms described in this section. Notice shall be sent to the Department of the owner's or operator's intent to obtain the required coverage; notice shall be sent by either registered mail or by certified mail within 90 days after any occurence that prevents the owner or operator from meeting the test requirements. Evidence of liability coverage shall be submitted to the Department within 90 days after any occurrence that prevents the owner or operator from meeting the requirements.
(7) The Department may, based on a reasonable belief that the owner or operator no longer meets the requirements of subsection (f)(1) of this section, require reports of financial condition at any time from the owner or operator in addition to those specified in subsection (f)(3) of this section. If the Department finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subsection (f)(1) of this section, the owner or operator shall provide alternate financial assurance for closure and postclosure care and evidence of the required liability coverage as specified in this section within 30 days after notification of such a finding.
(8) The Department may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see subsection (f)(3)(B) of this section). An adverse opinion or a disclaimer of opinion will be cause for disallowance. The Department will evaluate other qualifications on an individual basis. The owner or operator shall provide evidence of liability coverage for the amount required as specified in this section within 30 days after notification of disallowance.
(9) The owner or operator is no longer required to submit the items specified in subsection (f)(3) of this section when:
(A) an owner or operator substitutes alternate financial assurance for closure and postclosure care and evidence of liability insurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with sections 66264.143, subsection (j), 66264.145, subsection (j) and 66264.147, subsection (e).
(g) Guarantee for liability coverage.
(1) Subject to subsection (g)(2) of this section, an owner or operator may meet the requirements of this section by obtaining a written guarantee, hereafter referred to as "guarantee." The guarantor shall be the direct or higher-tier parent corporation of the owner or operator, or a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor shall meet the requirements for owners or operators in subsections (f)(1) through (f)(6) of this section. The wording of the guarantee shall be identical to the wording specified in section 66264.151, subsection (h)(2) and shall have original signatures. A certified copy of the guarantee shall accompany the items sent to the Department as specified in subsection (f)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, this letter shall describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter shall describe this "substantial business relationship" and the value received in consideration of the guarantee. The terms of the guarantee shall provide that:
(A) if the owner or operator fails to satisfy a judgment based on a determination of liability for bodily injury or property damage to third parties caused by sudden or nonsudden accidental occurrences (or both as the case may be), arising from the operation of facilities covered by this guarantee, or fails to pay an amount agreed to in settlement of claims arising from or alleged to arise from such injury or damage, the guarantor shall do so up to the limits of coverage;
(B) the guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. This guarantee shall not be terminated unless and until the Department approve(s) alternate liability coverage complying with section 66264.147 and/or section 66265.147.
(2)(A) In the case of corporations incorporated in states other than California, a guarantee may be used to satisfy the requirements of this section only if the Attorney General or Insurance Commissioner of;
1. the State in which the guarantor is incorporated, and
2. each state in which a facility covered by the guarantee is located have submitted a written statement to the Department that a guarantee executed as described in this section is a legally valid and enforceable obligation in that State.
(B) In the case of corporations incorporated outside the United States, a guarantee may be used to satisfy the requirements of this section only if;
1. the non-U.S. corporation has identified a registered agent for service of process in the State in which a facility covered by the guarantee is located and in the State in which it has its principal place of business, and
2. the Attorney General or Insurance Commissioner of the State in which a facility covered by the guarantee is located and the State in which the guarantor corporation has its principal place of business, has submitted a written statement to the Department that a guarantee executed as described in this section is a legally valid and enforceable obligation in this State.
(h) Letter of credit for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit that conforms to the requirements of this subsection and submitting a copy of the letter of credit to the Department.
(2) The financial institution issuing the letter of credit must be an entity that has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
(3) The wording of the letter of credit shall be identical to the wording specified in section 66264.151, subsection (k) of this article. The letter of credit shall contain original signatures and shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, effective date, and providing the following information; the hazardous waste facility identification number, name and address of the facility, and the amount of funds assured for valid third party liability claims of the facility by the letter of credit.
(4) An owner or operator who uses a letter of credit to satisfy the requirements of this section may also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the trustee of the standby trust shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the trustee. The trustee of the standby trust fund shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency. This standby trust fund shall meet all of the requirements of the trust fund specified in subsection (j) of this section.
(5) The wording of the standby trust fund shall be identical to the wording specified in section 66264.151, subsection (n).
(6) The letter of credit shall be irrevocable and issued for a period of at least one (1) year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one (1) year, unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Department by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the owner or operator and the Department have received the notice, as evidenced by the return receipts.
(7) The letter of credit shall be issued in an amount at least equal to the required per occurrence and annual aggregate amount for sudden, or nonsudden, or sudden and nonsudden liability coverage, except as provided in subsection (b)(7) of this section.
(i) Payment bond for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by obtaining a payment bond that conforms to the requirements of this subsection and submitting a copy of the bond to the Department.
(2) The surety company issuing the bond shall be among those listed as acceptable sureties on Federal bonds in the most recent Circular 570 of the U.S. Department of the Treasury.
(3) The wording of the payment bond shall be identical to the wording specified in section 66264.151, subsection (l). The payment bond shall contain original signatures.
(4) A payment bond may be used to satisfy the requirements of this section only if the Attorney General or Insurance Commissioner of
(A) the State in which the surety is incorporated, and
(B) each State in which a facility covered by the payment bond is located have submitted a written statement to the Department that a payment bond executed as described in this section is a legally valid and enforceable obligation in that State.
(j) Trust fund for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by establishing a trust fund that conforms to the requirements of this subsection by submitting an originally signed duplicate of the trust agreement and a formal certification of acknowledgment to the Department.
(2) The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(3) The trust fund for liability coverage shall be funded for the full amount of the liability coverage to be provided by the trust fund before it may be relied upon to satisfy the requirements of this section. If at any time after the trust fund is created the amount of funds in the trust fund is reduced below the full amount of the liability coverage to be provided, the owner or operator, by the anniversary date of the establishment of the fund, shall either add sufficient funds to the trust fund to cause its value to equal the full amount of liability coverage to be provided, or obtain other financial assurance as specified in this section to cover the difference. For purposes of this subsection, "the full amount of the liability coverage to be provided" means the amount of coverage for sudden and/or nonsudden occurrences required to be provided by the owner or operator by this section, less the amount of financial assurance for liability coverage that is being provided by other financial assurance mechanisms being used to demonstrate financial assurance by the owner or operator.
(4) The wording of the trust agreement shall be identical to the wording specified in section 66264.151, subsection (m).
(k) Liability Coverage -Alternative Mechanism.
(1) An owner or operator of facilities which manage solely non-RCRA hazardous waste may demonstrate the required liability coverage by means of a mechanism other than as specified provided that prior to its use the proposed mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the mechanisms specified in subsections (a), (b), (f) through (j) of this section. The Department shall evaluate the equivalency of a mechanism principally in terms of:
(A) certainty of the availability of funds for the required liability coverage; and
(B) the amount of funds that will be made available; and
(C) the Department may also consider other factors deemed to be appropriate, and may require the owner or operator to submit additional information as is deemed necessary to make the determination.
(2) The owner or operator shall submit to the Department the proposed mechanism together with a letter requesting that the alternate mechanism be considered acceptable for meeting the requirements of subsections (a) and (b) of this section. The submission shall include the following information:
(A) the name, address and phone number of the issuing institution; and
(B) hazardous waste facility identification number, name, address and the amount of liability coverage to be provided for each facility; and
(C) the terms of the proposed mechanism (period of coverage, renewal/extension, cancellation).
(3) The Department shall notify the owner or operator in writing of the determination made regarding the proposed mechanism's acceptability in lieu of the other mechanisms specified in subsections (a), (b), (f) through (j) of this section.
(4) If a proposed mechanism is found acceptable, the owner or operator shall submit a fully executed document to the Department. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment.
(5) If a proposed mechanism is found acceptable except for the amount of coverage, the owner or operator shall either increase the coverage or obtain other liability coverage as specified in subsections (a) and (b) of this section. The amount of coverage available through the combination of mechanisms shall at least equal the amounts required by subsections (a) and (b) of this section.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25200.1 and 25245, Health and Safety Code; 40 CFR Section 264.147. 
  
 



s 66264.148. Incapacity of Owners or Operators, Guarantors, or Financial Institutions.
 (a) An owner or operator shall notify the Department by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator as debtor, within 10 days after commencement of the proceeding. A guarantor of a corporate guarantee as specified in section 66264.143(f) and section 66264.145(f) shall make such a notification if named as debtor, as required under the terms of the corporate guarantee (section 66264.151(h)).
(b) An owner or operator who fulfills the financial assurance or liability coverage requirements by obtaining a trust fund, surety bond, letter of credit, or insurance policy shall be deemed to be without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or of the institution issuing the surety bond, letter of credit, or insurance policy to issue such instruments. The owner or operator shall establish other financial assurance or liability coverage within 60 days after such an event.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 264.148. 
  
 



s 66264.151. Wording of the Instruments.
 (a)(1) A trust agreement for a trust fund, as specified in section 66264.143, subsection (a) or section 66264.145, subsection (a) or section 66265.143, subsection (a) or section 66265.145, subsection (a) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
TRUST AGREEMENT
 
Trust Agreement, the "Agreement," entered into as of [date] by and between  [name of the owner or operator], a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "incorporated in the State of [name of State]" or "a national bank"], the "Trustee."
WHEREAS, the Department of Toxic Substances Control (DTSC), a department of the State of California, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility/transportable treatment unit (TTU) shall provide assurance that funds will be available when needed for closure and/or postclosure care of the facility/TTU,
WHEREAS, the Grantor has elected to establish a trust to provide all or part of such financial assurance for the facilities/TTUs identified herein,
WHEREAS, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee,
NOW, THEREFORE, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successor or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
(c) The term "Beneficiary" means the State of California, Department of Toxic Substances Control.
Section 2. Identification of Facilities/TTUs and Cost Estimates.This Agreement pertains to the facilities/TTUs and cost estimates identified on attached Schedule A. [on Schedule A for each facility/TTU list the hazardous waste facility/TTU EPA Identification Number, name, address, and the current closure and/or postclosure cost estimates (Indicate the closure and postclosure amounts separately), or portions thereof, for which financial assurance is demonstrated by this Agreement.]
Section 3. Establishment of Fund.The Grantor and the Trustee hereby establish a trust fund, the "Fund" for the benefit of the Beneficiary. The Grantor and the Trustee intend that no third party has access to the Fund except as herein provided. The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Beneficiary.
Section 4. Payment for Closure and Postclosure Care.The Trustee shall make payments from the Fund as the Beneficiary shall direct, in writing, to provide for the payment of the costs of closure and/or postclosure care of the facilities/TTUs covered by this Agreement. The Trustee shall reimburse the Grantor or other persons as specified by the Beneficiary from the Fund for closure and postclosure expenditures in such amounts as the Beneficiary shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the Beneficiary specifies in writing. Upon refund, such funds shall not constitute part of the Fund as defined herein.
Section 5. Payments Comprising the Fund.Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.
Section 6. Trustee Management.The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his or her duties with respect to the trust fund solely in the interest of the Beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
(i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities/TTUs, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 United States Code section 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the Federal or State government;
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment.The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 United States Code section 80a-1 et seq., including one which may be created, managed, underwritten or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee.Without in any way limiting the powers and discretion conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depositary even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depositary with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses.All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.
Section 10. Annual Valuation.The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Beneficiary a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and Beneficiary shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.
Section 11. Advice of Counsel.The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 12. Trustee Compensation.The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
Section 13. Successor Trustee.The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer and pay over to the successor trustee the funds and properties then constituting the Fund. If, for any reason, the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, Beneficiary, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee.All orders, requests and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests and instructions. All orders, requests and instructions by the Beneficiary to the Trustee shall be in writing, signed by the Beneficiary designees, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Beneficiary hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests and instructions from the Grantor and/or Beneficiary, except as provided for herein.
Section 15. Notice of Nonpayment.The Trustee shall notify the Grantor and the Beneficiary, by certified mail within 10 days following the expiration for the 30-day period after the anniversary of the establishment of the Trust, if no payment is received from the Grantor during that period. After the pay-in period is completed, the Trustee shall not be required to send a notice of nonpayment.
Section 16. Amendment of Agreement.This agreement may be amended by an instrument in writing executed by the Grantor, the Trustee and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist.
Section 17. Irrevocability and Termination.Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
Section 18. Immunity and Indemnification.The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Beneficiary issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
Section 19. Choice of Law.This Agreement shall be administered, construed and enforced according to the laws of the State of California.
Section 20. Interpretation.As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written: The parties below certify that the wording of this Agreement is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (a)(1) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.140 through 66264.148 and sections 66265.140 through 66265.148.
[Signature of Grantor]
[Title] Attest:
[Title]
[Seal]
[Signature of Trustee] Attest:
[Title]
[Seal]
(2) The following is an example of the certification of acknowledgment which shall accompany the trust agreement for a trust fund as specified in section 66264.143, subsection (a) and section 66264.145, subsection (a) or section 66265.143, subsection (a) or section 66265.145, subsection (a) of this division. State requirements may differ on the proper content of this acknowledgment.
State of
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
[Signature of Notary Public]
(b) A surety bond guaranteeing payment into a trust fund, as specified in section 66264.143, subsection (b) or section 66264.145, subsection (b) or section 66265.143, subsection (b) or section 66265.145, subsection (b) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
FINANCIAL GUARANTEE BOND Date bond executed: Effective date: Principal: [legal
name and business address of owner or operator] Type of Organization: [insert 
"individual," "joint venture," "partnership," or "corporation"] State of
incorporation: Surety(ies): [name(s) and business address(es)] EPA
Identification Number, name, address and closure and/or postclosure amount(s)
for each facility/transportable treatment unit (TTU) guaranteed by this bond 
[indicate closure and postclosure amounts separately]: Total penal sum of
bond: $ Surety's bond number:
 
KNOW ALL PERSONS BY THESE PRESENTS, THAT WE, the Principal and Surety(ies) hereto are firmly bound to the Department of Toxic Substances Control, of the State of California (hereinafter called DTSC) in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
WHEREAS said Principal is required, under state regulations, to have a permit or interim status in order to own or operate each hazardous waste management facility/TTU identified above, and
WHEREAS said Principal is required to provide financial assurance for closure, or closure and postclosure care, as a condition of the permit or interim status, and
WHEREAS said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;
NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall faithfully, before the beginning of final closure of each facility/TTU identified above, fund the standby trust fund in the amount(s) identified above for the facility/TTU,
OR, if the Principal shall fund the standby trust fund in such amount(s) within 15 days after a final order to begin closure is issued by DTSC or a U. S. District Court or other court of competent jurisdiction,
OR, if the Principal shall provide alternate financial assurance, as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, as applicable, and obtain written approval from DTSC of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Director of DTSC, or designee, from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by DTSC that the Principal has failed to perform as guaranteed by this bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies)/TTU(s) into the standby trust fund as directed by DTSC.
The liability of the Surety(ies) shall not be discharged by any payment of or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and to DTSC, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and DTSC, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond from DTSC.
[The following paragraph is an optional rider that may be included, but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure and/or postclosure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of DTSC.
IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this Financial Guarantee Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies), that the wording of this surety bond is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (b), and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
Principal
 
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]
Corporate Surety(ies)
 
[Name and address]
State of incorporation:
Liability limit:
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium:
(c) A surety bond guaranteeing performance of closure and/or postclosure care, as specified in section 66264.143, subsection (c) or section 66264.145, subsection (c), shall be worded as follows, except that the instructions in brackets are to be replaced with the relevant information and the brackets deleted:
PERFORMANCE BOND Date bond executed: Effective date: Principal: [legal name and
business address of owner or operator] Type of organization: [insert 
"individual," "joint venture," "partnership," or "corporation"] State of
incorporation: Surety(ies): [name(s) and business address(es)] EPA
Identification Number, name, address, and closure and/or postclosure amount(s)
for each facility/transportable treatment unit (TTU) guaranteed by this bond 
[indicate closure and postclosure amounts separately]: Total penal sum of
bond: $ Surety's bond number:
 
KNOW ALL PERSONS BY THESE PRESENTS, THAT WE, the Principal and Surety(ies) hereto are firmly bound to the Department of Toxic Substances Control of the State of California (hereinafter called DTSC), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
WHEREAS said Principal is required, under state regulations, to have a permit in order to own or operate each hazardous waste management facility/TTU identified above, and
WHEREAS said Principal is required to provide financial assurance for closure, or closure and postclosure care, as a condition of the permit, and
WHEREAS said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;
NOW, THEREFORE the conditions of this obligation are such that if the Principal shall faithfully perform closure, whenever required to do so, of each facility/TTU for which this bond guarantees closure, in accordance with the closure plan and other requirements of the permit as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended,
AND, if the Principal shall faithfully perform postclosure care of each facility/TTU for which this bond guarantees postclosure care, in accordance with the postclosure plan and other requirements of the permit, as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended,
OR, if the Principal shall provide alternate financial assurance as specified in California Code of Regulations, title 22, division 4.5, chapter 14, article 8, and obtain written approval from DTSC of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Director of DTSC, or designee, from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
The surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.
Upon notification by DTSC that the Principal has been found in violation of applicable closure requirements, as specified in California Code of Regulations, title 22, division 4.5, chapter 14, article 8, for a facility/TTU for which this bond guarantees performances of closure, the Surety(ies) shall either perform closure in accordance with the closure plan and other permit requirements or place the closure amount guaranteed for the facility/TTU into the standby trust fund as directed by DTSC.
Upon notification by DTSC that the Principal has been found in violation of the postclosure requirements, as specified in California Code of Regulations, title 22, division 4.5, chapter 14, article 8, for a facility/TTU for which this bond guarantees performance of postclosure care, the Surety(ies) shall either perform postclosure care in accordance with the postclosure plan and other permit requirements or place the postclosure amount guaranteed for the facility/TTU into the standby trust fund as directed by DTSC.
Upon notification by DTSC that the Principal has failed to provide alternate financial assurance as specified in California Code of Regulations, title 22, division 4.5, chapter 14, article 8, and obtain written approval of such assurance from DTSC during the 90 days following receipt by both the Principal and DTSC of a notice of cancellation of the bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies)/TTU(s) into the standby trust fund as directed by DTSC.
The Surety(ies) hereby waive(s) notification of amendments to closure plans, permits, applicable laws, statutes, rules, and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to DTSC provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and DTSC, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by DTSC.
[The following paragraph is an optional rider that may be included, but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure and/or postclosure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission from DTSC.
IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this Performance Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies), that the wording of this surety bond is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (c) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14, article 8, sections 66264.143 and 66264.145.
Principal
 
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]
Corporate Surety(ies)
 
[Name and address]
State of incorporation:
Liability limit:
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium:
(d) A letter of credit, as specified in section 66264.143, subsection (d) or section 66264.145, subsection (d) or section 66265.143, subsection (c) or section 66265.145, subsection (c) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
IRREVOCABLE STANDBY LETTER OF CREDIT Date:
 
Irrevocable Standby Letter of Credit No.:
Department of Toxic Substances Control
Financial Responsibility Section
8800 Cal Center Drive
Sacramento, California 95826 Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit No. [insert number] in your favor at the request and for the account of [insert owner's or operator's name and address] up to the aggregate amount of [amount in words] U.S. dollars $ [insert dollar amount], available upon presentation of:
1. your sight draft bearing reference to this letter of credit No. [insert number], and
2. your signed statement reading as follows:
 "I certify that the amount of the draft is payable pursuant to regulations issued under authority of the California Hazardous Waste Control Law."
An owner or operator who uses a letter of credit to satisfy the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, shall also establish a standby trust agreement.
Each draft shall be marked "Drawn under [insert name of issuing institution] letter of credit No. [insert number] dated [insert date]".
Each draft shall also be accompanied by the original of this letter of credit upon which we may endorse our payment.
This letter of credit is effective as of [insert date] and shall expire on  [insert date at least one year from effective date], but such expiration date shall be automatically extended for a period of at least [insert at least one year] on [insert date] and on each successive expiration date, unless at least 120 days before the current expiration date, we notify both you and [insert owner's or operator's name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by both you and [insert owner's or operator's name], as shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us, and we shall deposit the amount of the draft directly into the standby trust fund of [insert owner's or operator's name] or in accordance with your instructions.
We certify that the wording of this letter of credit is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (d) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8 on the date shown below.
[Signature(s) of official(s) of issuing institution] [Title(s) of official(s) of issuing institution] [Address of official(s) of issuing institution] [Date official(s) of issuing institution sign]
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce" or "the Uniform Commercial Code"].
(e) A certificate of insurance, as specified in section 66264.143, subsection (e) or section 66264.145, subsection (e) or section 66265.143, subsection (d) or section 66265.145, subsection (d) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
CERTIFICATE OF INSURANCE FOR CLOSURE OR POSTCLOSURE CARE Name and Address of
Insurer (herein called the "Insurer"): Name and Address of Insured (herein
called the "Insured"): Facilities Covered: [List for each
facility/transportable treatment unit (TTU): The EPA Identification Number,
name, address, and the amount of insurance for closure and/or the amount for
postclosure care (these amounts for all facilities covered shall total the face
amount shown below).] Face Amount: Policy Number: Effective Date:
 
The Insurer hereby certifies that it has issued to the Insured the policy of insurance identified above to provide financial assurance for [insert "closure" or "closure and postclosure care" or "postclosure care"] for the facilities/TTU(s) identified above. The Insurer further warrants that such policy conforms in all respects with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, section 66264.143, subsection (e), section 66264.145, subsection (e), section 66265.143, subsection (d) and section 66265.145, subsection (d) as applicable and as such regulations were constituted on the date shown below. It is agreed that any provision of the policy inconsistent with such regulations is hereby amended to eliminate such inconsistency.
The Insurer certifies that it will not cancel, terminate, or fail to renew this policy except for failure to pay the premium, and that the automatic renewal of the policy provides the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium and the Insurer elects to cancel, terminate, or not renew the policy, the Insurer will send notice by either registered or certified mail to the owner or operator and the Department of Toxic Substances Control (DTSC). Cancellation, termination, or failure to renew may not occur, however, during the one hundred twenty (120) days beginning with the date of receipt of the notice by the owner or operator and the DTSC as evidence by the return receipt. Cancellation, termination or failure to renew will not occur and the policy will remain in full force and effect in the event that on or before the date of expiration:
(1) The DTSC deems the facility/TTU abandoned; or
(2) The permit is terminated or revoked or a new permit is denied by the DTSC; or
(3) Closure is ordered by the DTSC; or any other State or Federal agency, or a court of competent jurisdiction; or
(4) The owner or operator is named as a debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy) U. S. Code; or
(5) The premium due is paid.
Whenever requested by the Department of Toxic Substances Control (DTSC) of the State of California, the Insurer agrees to furnish to DTSC a duplicate original of the original policy listed above, including all endorsements thereon.
In the event this policy is used in combination with another mechanism, this policy shall be considered [insert "primary" or "excess"] coverage.
The parties below certify that the wording of this certificate is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (e) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapters 14 and 15, article 8.
[Authorized signature for Insurer] [Name of person signing] [Title of person signing] Signature of witness or notary: [Date]
(f) A letter from the chief financial officer, as specified in section 66264.143, subsection (f) or section 66264.145, subsection (f), or section 66265.143, subsection (e) or section 66265.145, subsection (e) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
LETTER FROM CHIEF FINANCIAL OFFICER
 
Department of Toxic Substances Control Financial Responsibility Section 8800 Cal Center Drive Sacramento, California 95826
I am the chief financial officer of [insert name and address of firm]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance for closure and/or postclosure costs, as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Fill out the following paragraphs regarding facilities/transportable treatment units (TTU) and associated cost estimates. If your firm has no facilities/TTUs that belong in a particular paragraph, write "None" in the space indicated. For each facility/TTU, include its EPA Identification Number, name, address and current closure and/or postclosure cost estimates. Identify each cost estimate separately as to whether it is for closure or postclosure care.]
1. This firm is the owner or operator of the following facilities/TTUs for which financial assurance for closure or postclosure care is demonstrated through the financial test specified in section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), and section 66265.145, subsection (e) of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8. The current closure and/or postclosure cost estimates covered by the test are shown for each facility/TTU:__________.
2. This firm guarantees, through the guarantee specified in section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), and section 66265.145, subsection (e) of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, the closure and/or postclosure care of the following facilities/TTUs owned or operated by the guaranteed party. The current cost estimates for the closure or postclosure care so guaranteed are shown for each facility/TTU:___________.
The firm identified above is [insert one or more: (1) The direct or higher-tier parent corporation of the owner or operator; (2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of this guarantee [insert dollars]; or (3) engaged in the following substantial business relationship with the owner or operator [insert business relationship], and receiving the following value in consideration of the guarantee [insert dollars]]. [Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter.]
3. In states where the U.S. Environmental Protection Agency is not administering the financial requirements of subpart H of 40 CFR parts 264 and 265, this firm, as owner or operator or guarantor, is demonstrating financial assurance for the closure or postclosure care of the following facilities/TTUs through the use of a test equivalent or substantially equivalent to the financial test specified in subpart H of 40 CFR parts 264 and 265 or California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8. The current closure and/or postclosure cost estimates covered by such a test are shown for each facility/TTU:__________.
4. This firm is the owner or operator of the following hazardous waste management facilities/TTUs for which financial assurance for closure or, if a disposal facility, postclosure care, is not demonstrated either to U.S. Environmental Protection Agency or a State through the financial test or any other financial assurance mechanism specified in subpart H of 40 CFR parts 264 and 265, California Code of Regulations, title 22, division 4.5, chapter 14 or 15, article 8 or equivalent or substantially equivalent State mechanisms. The current closure and/or postclosure cost estimates not covered by such financial assurance are shown for each facility/TTU:__________.
5. This firm is the owner or operator of the following Underground Injection Control facilities for which financial assurance for plugging and abandonment is required under 40 CFR part 144. The current closure cost estimates as required by 40 CFR 144.62 are shown for each facility:__________.
This firm [insert "is" or "is not"] required to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [insert month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [insert date].
This firm is using [insert "Alternative I" or "Alternative II"].
[Fill in Alternative I if the criteria of paragraph (f)(1)(A) of sections 66264.143 and 66264.145, or of paragraph (e)(1)(A) of sections 66265.143 and 66265.145 of this division are used. Fill in Alternative II of the criteria of paragraph (f)(1)(B) of sections 66264.143 and 66265.145, or of paragraph (e)(1)(B) of sections 66265.143 and 66265.145 of this division are used.]
ALTERNATIVE I
 
1. Sum of current closure and postclosure cost estimate (total of all cost estimates shown in the five paragraphs above) $ __________
*2. Total liabilities (if any portion of the closure or postclosure cost estimates is included in total liabilities, you may deduct the amount of that portion from this line and add that amount to lines 3 and 4) $ __________
*3. Tangible net worth $ __________
*4. Net worth $ __________
*5. Current assets $ __________
*6. Current liabilities $ __________
7. Net working capital (line 5 minus line 6) $ __________
*8. The sum of net income plus depreciation, depletion, and amortization $ __________
*9. Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.) $ __________
10. Is line 3 at least $10 million? [Yes/No]
11. Is line 3 at least 6 times line 1? [Yes/No]
12. Is line 7 at least 6 times line 1? [Yes/No]
*13. Are at least 90% of firm's assets located in the U.S.? If not, complete line 14 [Yes/No]
14. Is line 9 at least 6 times line 1? [Yes/No]
15. Is line 2 divided by line 4 less than 2.0? [Yes/No]
16. Is line 8 divided by line 2 greater than 0.1? [Yes/No]
17. Is line 5 divided by line 6 greater than 1.5? [Yes/No]
ALTERNATIVE II
 
1. Sum of current closure and postclosure cost estimates [total of all cost estimates shown in the five paragraphs above] $ __________
2. Current bond rating of most recent issuance of this firm and name of rating service __________ __________
3. Date of issuance of bond __________ __________
4. Date of maturity of bond  __________ __________
*5.Tangible net worth [if any portion of the closure and postclosure cost estimates is included in "total liabilities" on your firm's financial statements, you may add the amount of that portion to this line] $ __________
*6.Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.) $ __________
7. Is line 5 at least $10 million? [Yes/No]
8. Is line 5 at least 6 times line 1? [Yes/No]
*9. Are at least 90% of firm's assets located in the U.S.? If not, complete line 10 [Yes/No]
10. Is line 6 at least 6 times line 1? [Yes/No]
I hereby certify that the wording of this letter is identical to the wording as specified in California Code of Regulations, title 22, section 66264.151, subsection (f) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Signature] [Name] [Title] [Date]
(g) A letter from the chief financial officer, as specified in section 66264.147, subsection (f) or section 66265.147, subsection (f) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
LETTER FROM CHIEF FINANCIAL OFFICER
 
Department of Toxic Substances Control Financial Responsibility Section 8800 Cal Center Drive Sacramento, California 95826
I am the chief financial officer of [insert firm's name and address]. This letter is in support of the use of the financial test to demonstrate financial responsibility for liability coverage [insert "and closure and/or postclosure care" if applicable] as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Fill out the following paragraphs regarding facility(ies)/transportable treatment unit (TTU) and liability coverage. If there are no facility(ies)/ TTU(s) that belong in a particular paragraph, write "None" in the space indicated. For each facility/TTU, include the hazardous waste facility/TTU EPA Identification Number, name, and address, and current liability coverage (indicate sudden and nonsudden coverage amounts separately)].
The firm identified above is the owner or operator of the following facility(ies)/TTU(s) for which liability coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences is being demonstrated through the financial test specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147:
The firm identified above guarantees, through the guarantee specified in  California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147, liability coverage for [insert "sudden" or "nonsudden" or both "sudden and nonsudden"] accidental occurrences at the following facility(ies)/TTU(s) owned or operated by the following:
The firm identified above is [insert one or more: (1) the direct or higher tier parent corporation of the owner or operator; (2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of the guarantee [insert dollars]; or (3) engaged in the following substantial business relationship with the owner or operator [insert business relationship], and receiving the following value in consideration of the guarantee [insert dollars]]. [Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter.]
[If you are using the financial test to demonstrate coverage of both liability and financial assurance for closure and/or postclosure care, fill in the following five paragraphs regarding facilities and associated closure and postclosure cost estimates. If there are no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility/TTU, include its hazardous waste facility/TTU EPA Identification Number, name, address and current closure and/or postclosure cost estimates. Identify each cost estimate separately as to whether it is for closure or postclosure care.]
1. The firm identified above is the owner or operator of the following facilities/TTUs for which financial assurance for closure and/or postclosure or liability coverage is demonstrated through the financial test as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), and section 66265.145, subsection (e). The current closure and/or postclosure cost estimates covered by the test are shown for each facility/TTU:
2. The firm identified above guarantees, through the guarantee as specified in  California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), and section 66265.145, subsection (e), the closure and/or postclosure care or liability coverage of the following facilities/TTUs owned or operated by the guaranteed party. The current cost estimates for the closure or postclosure care so guaranteed are shown for each facility/TTU:
3. In States where the U.S. Environmental Protection Agency is not administering the financial requirements of subpart H of 40 CFR parts 264 and 265, this firm as owner, operator or guarantor is demonstrating financial assurance for the closure or postclosure care of the following facilities/TTUs through the use of a financial test equivalent or substantially equivalent to the financial test specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), and section 66265.145, subsection (e). The current closure and/or postclosure cost estimates covered by such a test are shown for each facility/TTU:
4. The firm identified above is the owner or operator of the following facilities/TTUs for which financial assurance for closure or, if a disposal facility, postclosure care, is not demonstrated either to U.S. Environmental Protection Agency or a State through the financial test or any other financial assurance mechanism as specified in California Code of Regulations, title 22, division 4.5, chapters 14 and 15, article 8 or equivalent or substantially equivalent State mechanisms. The current closure and/or postclosure cost estimates not covered by such financial assurance are shown for each facility/TTU:
5. The firm is the owner or operator or guarantor of the following Underground Injection Control facilities for which financial assurance for plugging and abandonment is required under 40 CFR part 144 and is assured through a financial test. The current closure cost estimates as specified in 40 CFR144.62 are shown for each facility:
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [insert date]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [insert date].
This firm is using [insert "Alternative I" or "Alternative II"] for Part A  [and [if this financial test includes closure and/or postclosure care, insert "Alternative I" or "Alternative II"] for Part B].
Part A. Liability Coverage for Accidental Occurrences
 
[Fill in Alternative I if the criteria of paragraph (f)(1)(A) of section 66264.147 or section 66265.147 are used. Fill in Alternative II if the criteria of paragraph (f)(1)(B) of section 66264.147 or section 66265.147 are used.]
ALTERNATIVE I
 
1. Amount of annual aggregate liability coverage to be demonstrated $ __________
*2. Current assets $ __________
*3. Current liabilities $ __________
4. Net working capital [line 2 minus line 3] $ __________
*5. Tangible net worth $ __________
*6. If less than 90 percent of assets are located in the United States, give total United States assets $ __________
7. Is line 5 at least $10 million? [Yes/No]
8. Is line 4 at least 6 times line 1? [Yes/No]
9. Is line 5 at least 6 times line 1? [Yes/No]
10. Are at least 90 percent of assets located in the United States? If not, complete line 11. [Yes/No]
11. Is line 6 at least 6 times line 1? [Yes/No]
ALTERNATIVE II
 
1. Amount of annual aggregate liability coverage to be demonstrated $ __________
2. Current bond rating of most recent issuance and name of rating service $ __________
3. Date of issuance of bond $ __________
4. Date of maturity of bond $ __________
*5. Tangible net worth $ __________
*6. Total assets in the United States [required only if less than 90 percent of assets are located in the United States] $ __________
7. Is line 5 at least $10 million? [Yes/No]
8. Is line 5 at least 6 times line 1? [Yes/No]
*9. Are at least 90 percent of assets located in the United States? [Yes/No]
10. Is line 9 at least 6 times line 1? [Yes/No]
[Fill in Part B if you are using the financial test to demonstrate assurance of both liability coverage and closure or postclosure care.]
Part B. Closure or Postclosure Care and Liability Coverage
 
[Fill in Alternative I if the criteria of paragraphs (f)(1)(A) of 66264.143 or 66264.145 and/or (f)(1)(A) of 66264.147 are used or if the criteria of paragraphs (e)(1)(A) of 66265.143 or 66265.145 and/or (f)(1)(A) of 66265.147 are used. Fill in Alternative II if the criteria of paragraphs (f)(1)(B) of 66264.143 or 66264.145 and/or (f)(1)(B) of 66264.147 are used or if the criteria of paragraphs (e)(1)(B) of 66265.143 or 66265.145 and (f)(1)(B) of 66265.147 are used.]
ALTERNATIVE I
 
1. Sum of current closure and postclosure cost estimates (Total of all cost estimates shown in the paragraphs of the letter to the Director of the Department of Toxic Substances Control) $ __________
2. Amount of annual aggregate liability coverage to be demonstrated $ __________
3. Sum of lines 1 and 2 $ __________
*4. Total liabilities (if any portion of your closure or postclosure cost estimate is included in your total liabilities, you may deduct that portion from this line and add that amount to lines 5 and 6) $ __________
*5. Tangible net worth $ __________
*6. Net worth $ __________
*7. Current assets $ __________
*8. Current liabilities $ __________
9. Net working capital (line 7 minus line 8) $ __________
10. The sum of net income plus depreciation, depletion, and amortization $ __________
*11. Total assets in the United States (required only if less than 90 percent of firm's assets are located in the United States) $ __________
12. Is line 5 at least $10 million? [Yes/No]
13. Is line 5 at least 6 times line 3? [Yes/No]
14. Is line 9 at least 6 times line 3? [Yes/No]
*15. Are at least 90 percent of the firm's assets located in the United States? If not, complete line 16 [Yes/No]
16. Is line 11 at least 6 times line 3? [Yes/No]
17. Is line 4 divided by line 6 less than 2.0? [Yes/No]
18. Is line 10 divided by line 4 greater than 0.1? [Yes/No]
19. Is line 7 divided by line 8 greater than 1.5? [Yes/No]
ALTERNATIVE II
 
1. Sum of current closure and postclosure cost estimates (Total of all cost estimates shown in the paragraphs of the letter to the Director of the Department of Toxic Substances Control $ __________
2. Amount of annual aggregate liability coverage to be demonstrated $ __________
3. Sum of lines 1 and 2 $ __________
4. Current bond rating of most recent issuance and name of rating service: __________ __________
5. Date of issuance of bond: __________ __________
6. Date of maturity of bond:  __________ __________
*7. Tangible net worth (if any portion of the closure and post closure cost estimates is included in "total liabilities" on your firm's financial statements, you may add the amount of that portion to this line.) __________ __________
*8. Total assets in the United States (required only if less than 90 percent of firm's assets are located in the United States) $_____
9. Is line 7 at least $10 million? [Yes/No]
10. Is line 7 at least 6 times line 3? [Yes/No]
*11. Are at least 90 percent of the firm's assets located in the United States? If not, complete line 12. [Yes/No]
12. Is line 8 at least 6 times line 3? [Yes/No]
I hereby certify that the wording of this letter is identical to the wording as specified in California Code of Regulations, title 22, section 66264.151, subsection (g) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Signature]
[Name]
[Title]
[Date]
(h)(1) A corporate guarantee, as specified in section 66264.143, subsection  (f) or section 66264.145, subsection (f), or section 66265.143, subsection (e) or section 66265.145, subsection (e) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
CORPORATE GUARANTEE FOR CLOSURE OR POSTCLOSURE CARE
 
Department of Toxic Substances Control Financial Responsibility Section 8800 Cal Center Drive Sacramento, California 95826
Guarantee made this [insert date] by [insert name of guaranteeing entity], a business corporation organized under the laws of the State of [insert name of State], herein referred to as guarantor, to the Department of Toxic Substances Control (DTSC), obligee, on behalf of our subsidiary [insert owner or operator name and business address].
This guarantee is made on behalf of the [insert owner or operator name], which is [one of the following: "our subsidiary"; "a subsidiary of (name and address of common parent corporation) of which guarantor is a subsidiary"; or "an entity with which the guarantor has a substantial business relationship, as defined in California Code of Regulations, title 22, division 4.5, chapter 10, article 2, section 66260.10"] to the DTSC.
RECITALS
 
1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), and section 66265.145, subsection (e).
2. [Insert owner or operator's name] owns at least 50 percent of the voting stock of and/or operates the following hazardous waste management facility(ies)/transportable treatment unit(s) (TTU) covered by this guarantee: [List for each facility/TTU: EPA Identification Number, name, and address. Indicate for each whether guarantee is for closure, postclosure care, or both. Include closure and postclosure amounts, shown separately.]
3. "Closure plans" and "postclosure plans" as used below refer to the plans maintained as required by California Code of Regulations, title 22, division 4.5, chapters 14 and 15, article 7, for the closure and postclosure care of facilities/TTU(s) as identified above.
4. For value received from [insert owner or operator name], guarantor guarantees to DTSC that in the event that [insert owner or operator name] fails to perform [insert "closure", "postclosure care" or "closure and postclosure care"] of the above facility(ies)/TTU(s) in accordance with the closure or postclosure plans and other permit or interim status requirements whenever required to do so, the guarantor shall do so or establish a trust fund as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, as applicable, in the name of [insert owner or operator name] in the amount of the current closure or postclosure cost estimates as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
5. Guarantor agrees that if, at any time during or at the end of any fiscal year before the termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send within 90 days, by certified mail, notice to DTSC and to [insert owner or operator name] that he or she intends to provide alternate financial assurance as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8 as applicable, in the name of [insert owner or operator name]. Within 120 days after the end of such fiscal year or other occurrence, the guarantor shall establish such alternate financial assurance unless [insert owner or operator name] has done so.
6. The guarantor agrees to notify DTSC by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code, naming guarantor as debtor within ten (10) days after commencement of the proceeding.
7. Guarantor agrees that within 30 days after being notified by DTSC of a determination that guarantor no longer meets the financial test criteria or that he or she is disallowed from continuing as a guarantor of closure or postclosure care, he or she shall establish alternate financial assurance as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, as applicable, in the name of [insert owner or operator name] unless [insert owner or operator name] has done so.
8. Guarantor agrees to remain bound under this guarantee notwithstanding any or all of the following: amendment or modification of the closure or postclosure plan, amendment or modification of the permit, the extension or reduction of the time of performance of closure or postclosure, or any other modification or alteration of an obligation of the owner or operator pursuant to California Code of Regulations, title 22, division 4.5.
9. Guarantor agrees to remain bound under this guarantee for as long as [insert owner or operator name] shall comply with the applicable financial assurance requirements of California Code of Regulations, title 22, division 4.5 for the above listed facilities/TTUs, except as provided in paragraph 10 of this agreement.
10. [Insert the following language if the guarantor is (a) a direct or higher-tier corporate parent, or (b) a firm whose parent corporation is also the parent corporation of the owner or operator]:
Guarantor may terminate this guarantee by sending notice by certified mail to DTSC and to [insert owner or operator name], provided that this guarantee may not be terminated unless and until the [insert owner or operator name] obtains, and DTSC approve(s), alternate closure and/or postclosure care coverage complying with California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its "substantial business relationship" with its owner or operator.]
Guarantor may terminate this guarantee 120 days following the receipt of notification, through either registered or certified mail, by DTSC and by [insert owner or operator name].
11. Guarantor agrees that if [insert owner or operator name] fails to provide alternate financial assurance as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, as applicable, and obtain written approval of such assurance from DTSC within 90 days after a notice of cancellation by the guarantor is received by DTSC from guarantor, guarantor shall provide such alternate financial assurance in the name of [insert owner or operator name].
12. Guarantor expressly waives notice of acceptance of this guarantee by DTSC or by [insert owner or operator name]. Guarantor also expressly waives notice of amendments or modifications of the closure and/or postclosure plan and of amendments or modifications of the facility/TTU permit(s).
The parties hereby certify that the wording of this guarantee is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (h)(1) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
Effective date:
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
(2) A guarantee, as specified in section 66264.147, subsection (f) or  section 66265.147, subsection (f) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
GUARANTEE FOR LIABILITY COVERAGE Department of Toxic Substances Control
Financial Responsibility Section 8800 Cal Center Drive Sacramento, California
95826
 
Guarantee made by this [insert date] by [insert name of guaranteeing entity] a business corporation organized under the laws of [if incorporated within the United States, insert "the State of [insert name of State]"; if incorporated outside the United States, insert the name of the country in which incorporated, the principal place of business within the United States, and the name and address of the registered agent in the State of the principal place of business], herein referred to as guarantor. This guarantee is made on behalf of [insert owner or operator name] of [insert business address] which is one of the following: [insert "our subsidiary"; "a subsidiary of [insert name and address of common parent corporation] of which guarantor is a subsidiary"; or "an entity with which guarantor has a substantial business relationship, as defined in California Code of Regulations, title 22, division 4.5, chapter 10, article 2, section 66260.10"], to any and all third parties who have sustained or may sustain bodily injury or property damage caused by [insert "sudden" and/or "nonsudden"] accidental occurrences arising from operation of the facility(ies)/transportable treatment unit(s) (TTU) covered by this guarantee.
RECITALS
 
1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147.
2. [Insert owner or operator name] owns or operates the following hazardous waste management facility(ies)/TTU(s) covered by this guarantee: [List for each facility/TTU: EPA Identification Number, name, and address; and if guarantor is incorporated outside the United States, list the name and address of the guarantor's registered agent in each State.]. This corporate guarantee satisfies California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, third-party liability requirements for [insert "sudden", "nonsudden" or "both sudden and nonsudden"] accidental occurrences in the above-named owner or operator facility(ies)/TTU(s) for coverage in the amount of $ [insert dollar amount] per facility/TTU per occurrence and $ [insert dollar amount] annual aggregate.
3. For value received from [insert owner or operator name], guarantor guarantees to any and all third parties who have sustained or may sustain bodily injury or property damage caused by [insert "sudden" and/or "nonsudden"] accidental occurrences arising from operations of the facility(ies)/TTU(s) covered by this guarantee that in the event that [insert owner or operator name] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [insert "sudden" and/or "nonsudden"] accidental occurrences, arising from the operation of the above-named facility(ies)/TTU(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor will satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage identified above.
4. Such obligation does not apply to the following:
(a) Bodily injury or property damage for which [insert owner or operator name] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert owner or operator name] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert owner or operator name] under a workers' compensation, disability benefits, or unemployment compensation law or any similar laws.
(c) Bodily injury to:
(1) An employee of [insert owner or operator name] arising from, and in the course of, employment by [insert owner or operator name]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert owner or operator name]. This exclusion applies:
(A) Whether [insert owner or operator name] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who shall pay damages because of the injury to persons identified in paragraphs (A) and (B).
(d) Bodily injury or property, damages arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert owner or operator name];
(2) Premises that are sold, given away, or abandoned by [insert owner or operator name] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert owner or operator name];
(4) Personal property in the care, custody, or control of [insert owner or operator name];
(5) That particular part of real property on which the [insert owner or operator name] or any contractor or subcontractors working directly or indirectly on behalf of the [insert owner or operator name] are performing operations, if the property damage arises out of these operations.
5. Guarantor agrees that if, at any time during or at the end of any fiscal year before termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send within ninety (90) days, by certified mail, notice to the Department of Toxic Substances Control (DTSC) and to [insert owner or operator name] that he or she intends to provide alternate liability coverage as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147, as applicable, in the name of [insert owner or operator name]. Within 90 days after the end of such fiscal year, the guarantor shall establish such liability coverage unless [insert owner or operator name] has done so.
6. The guarantor agrees to notify the DTSC by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code, naming guarantor as debtor, within ten (10) days after commencement of the proceedings.
7. Guarantor agrees that within thirty (30) days after being notified by the DTSC of a determination that the guarantor no longer meets the financial test criteria or that he or she is disallowed from continuing as a guarantor, he or she shall establish alternate liability coverage as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147 in the name of [insert owner/operator name], unless the [insert owner or operator name name] has done so.
8. Guarantor reserves the right to modify this agreement to take into account amendment or modification of the liability requirements set by California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147, provided that such modification shall become effective only if DTSC does not disapprove the modification within thirty (30) days of receipt of notification of the modification.
9. Guarantor agrees to remain bound under this guarantee for so long as [insert owner/operator name] shall comply with the applicable requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147 for the above-listed facility(ies)/TTU(s), except as provided in paragraph 10 of this agreement.
10. [Insert the following language if the guarantor is (a) a direct or higher-tier corporate parent, or (b) a firm whose parent corporation is also the parent corporation of the owner or operator name]:
Guarantor may terminate this guarantee by sending notice by certified mail to DTSC, and to [insert owner or operator name], provided that this guarantee may not be terminated unless and until the [insert owner or operator name] obtains, and DTSC approves alternate liability coverage complying with California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147.
[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its "substantial business relationship" with the owner or operator].
Guarantor may terminate this guarantee 120 days following receipt of notification, through certified mail, by DTSC and by [insert owner or operator name].
11. Guarantor hereby expressly waives notice of acceptance of this guarantee by any party.
12. Guarantor agrees that this guarantee is in addition to and does not affect any other responsibility or liability of the guarantor with respect to the covered facility(ies)/TTU(s).
13. The guarantor shall satisfy a third-party liability claim only on receipt of one of the following documents:
(a) Certification from the Principal and the third-party liability claimant(s) that the liability claim should be paid. The certification shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
CERTIFICATION OF VALID CLAIM
 
The undersigned, as parties [insert principal name] and [insert name and address of third-party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [insert "sudden" and/or "nonsudden"] accidental occurrence arising from operating [insert Principal's name and facility type(s) hazardous waste "treatment", "storage" or disposal" facility/transportable treatment unit (TTU)] should be paid in the amount of $ [insert dollars].
[Signatures]
Principal
(Notary) Date
[Signatures]
Claimant(s)
(Notary) Date
(b) A valid final court order establishing a judgment against the Principal for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Principal's facility/TTU or group of facility(ies)/TTU(s).
14. In the event of combination of this guarantee with another mechanism to meet liability requirements, this guarantee will be considered [insert "primary" or "excess"] coverage.
I hereby certify that the wording of this guarantee is identical to the wording as specified in California Code of Regulations, title 22, section 66264.151, subsection (h)(2) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
Effective date:
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness of notary:
(i) A hazardous waste facility liability endorsement as required in section 66264.147 or section 66265.147 shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
HAZARDOUS WASTE FACILITY LIABILITY ENDORSEMENT
 
1. This endorsement certifies that the Insurer has issued liability insurance covering bodily injury and property damage to [name of insured], [address of insured] in connection with the insured's obligation to demonstrate financial responsibility under California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147. The coverage applies at [list EPA Identification Number, name, and address for each facility/transportable treatment unit (TTU)] for [insert "sudden accidental occurrences," "nonsudden accidental occurrences," or "sudden and nonsudden accidental occurrences"; if coverage is for multiple facilities and the coverage is different for different facilities, indicate which facilities are insured for sudden accidental occurrences, which are insured for nonsudden accidental occurrences, and which are insured for both]. The limits of liability are [insert the dollar amount of the "each occurrence" and "annual aggregate" limits of the Insurer's liability], exclusive of legal defense costs. The coverage provided by the above policy is [insert "primary" or "excess"]. If excess coverage, the primary coverage mechanism shall also be demonstrated.
2. The insurance afforded with respect to such occurrences is subject to all of the terms and conditions of the policy; provided, however, that any provisions of the policy inconsistent with subsections (a) through (e) of this Paragraph 1 are hereby amended to conform with subsections (a) through (e). The Insurer certifies the following with respect to the insurance described above:
(a) Bankruptcy or insolvency of the insured shall not relieve the Insurer of its obligations under the policy.
(b) The Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the Insurer. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147.
(c) Whenever requested by the Department of Toxic Substances Control (DTSC), the Insurer agrees to furnish to DTSC a signed duplicate original of the policy and all endorsements.
(d) Cancellation of the insurance, whether by the Insurer, the insured, a parent corporation providing insurance coverage for its subsidiary, or by a firm having an insurable interest in and obtaining liability insurance on behalf of the owner or operator of the hazardous waste management facility/TTU, will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by DTSC as evidenced by the return receipt.
(e) Any other termination of the insurance will be effective only upon written notice and only after the expiration of thirty (30) days after a copy of such written notice is received by DTSC as evidenced by the return receipt.
Attached to and forming part of policy No. [insert policy number] issued by  [insert name of Insurer], herein called the Insurer, of [insert address of Insurer] to [insert name of insured] of [insert address of insured] this [insert day] day of [insert month] , [insert year] . The effective date of said policy is [insert day] day of [insert month].
I hereby certify that the wording of this endorsement is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (i), is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
[Signature of Authorized Representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
(j) A certificate of liability insurance as required in section 66264.147 or section 66265.147 shall be worded as follows, except that the instructions in brackets are to be replaced with the relevant information and the brackets deleted:
HAZARDOUS WASTE FACILITY CERTIFICATE OF LIABILITY INSURANCE
 
1. [Insert name of Insurer], (the "Insurer"), of [insert address of Insurer] hereby certifies that it has issued liability insurance covering bodily injury and property damage to [insert name of insured], (the "insured"), of [insert address of insured] in connection with the insured's obligation to demonstrate financial responsibility under California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147. The coverage applies at the facilities/transportable treatment units (TTU) [list EPA Identification Number, name, and address for each facility/TTU] for [insert "sudden accidental occurrences," "nonsudden accidental occurrences," or "sudden and nonsudden accidental occurrences"; if coverage is for multiple facilities and the coverage is different for different facilities, indicate which facilities are insured for sudden accidental occurrences, which are insured for nonsudden accidental occurrences, and which are insured for both]. The limits of liability are [insert the dollar amount of the "each occurrence" and "annual aggregate" limits of the Insurer's liability], exclusive of legal defense costs. The coverage is provided under policy number [insert policy number], issued on [insert date]. The effective date of said policy is [insert date]. The coverage provided by the above policy is [insert "primary" or "excess"]. If excess coverage, the primary coverage mechanism shall also be demonstrated.
2. The Insurer further certifies the following with respect to the insurance described above:
(a) Bankruptcy or insolvency of the insured shall not relieve the Insurer of its obligations under the policy.
(b) The Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the Insurer. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, section 66264.147 and 66265.147.
(c) Whenever requested by the Department of Toxic Substances Control (DTSC), the Insurer agrees to furnish to DTSC a signed duplicate of the original of the policy and all endorsements.
(d) Cancellation of the insurance, whether by the Insurer, the insured, a parent corporation providing insurance coverage for its subsidiary, or by a firm having an insurable interest in and obtaining liability insurance on behalf of the owner or operator of the hazardous waste management facility/TTU will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by DTSC as evidenced by the return receipt.
(e) Any other termination of the insurance will be effective only upon written notice and only after the expiration of thirty (30) days after a copy of such written notice is received by the DTSC as evidenced by the return receipt.
I hereby certify that the wording of this instrument is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (j), is being executed in accordance with California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
[Signature of authorized representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
(k) A letter of credit, as specified in section 66264.147, subsection (h) or section 66265.147, subsection (h) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
IRREVOCABLE STANDBY LETTER OF CREDIT
 
Date:
Irrevocable Standby Letter of Credit No.:
Department of Toxic Substances Control
Financial Responsibility Section
8800 Cal Center Drive
Sacramento, California 95826
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit No. [insert number] in favor of [ "any and all third-party liability claimants" or insert name of trustee of the standby trust fund], at the request and for the account of [insert owner or operator's name and address] for third-party liability awards or settlements up to [in words] U.S. dollars $ [insert dollar amount] per occurrence, and the annual aggregate amount of [in words] U.S dollars $ [insert dollar amount] for sudden accidental occurrences and/or for third-party liability awards or settlements up to the amount of [in words] U.S. dollars $ [insert dollar amount] per occurrence, and the annual aggregate amount of [in words] U.S dollars $ [insert dollar amount] for nonsudden accidental occurrences available upon presentation of a sight draft bearing reference to this letter of credit No. [insert letter of credit number], and
[insert the following language if the letter of credit is being used without a standby trust fund:] "(1) A signed certificate reading as follows:
CERTIFICATE OF VALID CLAIM
 
The undersigned, as parties [insert principal name] and [insert name and address of third-party claimant(s)], hereby certify that the claim of bodily injury [insert and/or] property damage caused by a [insert "sudden" or "nonsudden"] accidental occurrence arising from operations of [insert principal name] hazardous waste transfer, treatment, storage, or disposal facility should be paid in the amount of $ [insert dollar amount]. We hereby certify that the claim does not apply to any of the following:
(a) Bodily injury or property damage for which [insert principal name] is obligated to pay damages by reason of assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert principal name] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert principal name] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert principal name] arising from, and in the course of, employment by [insert principal name]; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert principal name]. This exclusion applies:
(A) Whether [insert principal name] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who shall pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented or occupied by [insert principal name];
(2) Premises that are sold, given away, or abandoned by [insert principal name] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert principal name];
(4) Personal property in the care, custody or control of [insert principal name];
(5) That particular part of real property on which [insert principal name] or any contractors or subcontractors working directly or indirectly on behalf of [insert principal name] are performing operations, if the property damage arises out of these operations.
[Signatures]
Grantor
[Signatures]
Claimant(s)
or (2) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from operation of the Grantor's facility/transportable treatment unit (TTU) or group of facilities/TTUs.
This letter of credit is effective as of [insert date] and shall expire on  [insert date at least one year from effective date], but such expiration date shall be automatically extended for a period of [at least one year] on [insert date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify both you, the Director of the Department of Toxic Substances Control, and [insert owner or operator name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us.
[Include the following language if a standby trust fund is not being used: "In the event that this letter of credit is used in combination with another mechanism for liability coverage, this letter of credit shall be considered [insert "primary" or "excess" coverage]."]
We certify that the wording of this letter of credit is identical to the wording as specified in California Code of Regulations, title 22, section 66264.151, subsection (k) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8 on the date shown below.
[Signature[s] of official[s] of issuing institution]
[Title[s] of official[s] of issuing institution]
[Address of official[s] of issuing institution]
[Date official[s] of issuing institution sign]
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce," or "the Uniform Commercial Code"].
(l) A surety bond, as specified in section 66264.147, subsection (i) or  section 66265.147, subsection (i) of this division, shall be worded as follows: except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
PAYMENT BOND
 
Surety Bond No. [insert number]
Parties [insert name and address of owner or operator], Principal, incorporated in [insert State of incorporation] of [insert city and State of principal place of business] and [insert name and address of surety company(ies)], Surety Company(ies), of [insert surety(ies) place of business].
EPA Identification Number, name, and address for each facility/transportable treatment unit (TTU) guaranteed by this bond: [insert EPA Identification Number, name, and address for each facility/transportable treatment unit]
                  Sudden accidental       Nonsudden accidental
                  occurrences             occurrences
________________________________________
Penal Sum Per     [insert dollar amount]  [insert dollar amount]
Occurrence
Annual Aggregate  [insert dollar amount]  [insert dollar amount]
________________________________________
 
Purpose: This is an agreement between the Surety(ies) and the Principal under which the Surety(ies), its (their) successors and assignees, agree to be responsible for the payment of claims against the Principal for bodily injury and/or property damage to third parties caused by [ "sudden" and/or "nonsudden"] accidental occurrences (as identified above) arising from the operations of the facility/TTU or group of facilities/TTUs in the sums prescribed herein; subject to the governing provisions and the following conditions.
Governing Provisions:
(1) Section 25205 of the California Health and Safety Code.
(2) Rules and regulations of the Department of Toxic Substances Control  (DTSC), California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, particularly sections 66264.147 or 66265.147.
Conditions:
(1) The Principal is subject to the applicable governing provisions that require the Principal to have and maintain liability coverage for bodily injury and property damage to third parties caused by [ "sudden" and/or "nonsudden"] accidental occurrences (as identified above) arising from operations of the facility/TTU or group of facilities/TTUs. Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for which [insert principal name] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert principal name] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert principal name] under a workers' compensation, disability benefits, or unemployment compensation law or similar law.
(c) Bodily injury to:
1. An employee of [insert principal name] arising from, and in the course of, employment by [insert principal name]; or
2. The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert principal name]. This exclusion applies:
A. Whether [insert principal name] may be liable as an employer or in any other capacity; and
B. To any obligation to share damages with or repay another person who shall pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
1. Any property owned, rented, or occupied by [insert principal name];
2. Premises that are sold, given away or abandoned by [insert principal name] if the property damage arises out of any part of those premises;
3. Property loaned to [insert principal name];
4. Personal property in the care, custody or control of [insert principal name];
5. That particular part of real property on which [insert principal name] or any contractors or subcontractors working directly or indirectly on behalf of [insert principal name] are performing operations, if the property damage arises out of these operations.
(2) This bond assures that the Principal will satisfy valid third-party liability claims, as described in condition 1.
(3) If the Principal fails to satisfy a valid third-party liability claim, as described above, the Surety(ies) becomes liable on this bond obligation.
(4) The Surety(ies) shall satisfy a third-party liability claim only upon the receipt of one of the following documents:
(a) Certification from the Principal and the third party claimant(s) that the liability claim should be paid. The certification shall be worded as follows, except that instructions in brackets to be replaced with the relevant information and the brackets deleted:
CERTIFICATION OF VALID CLAIM
 
The undersigned, as parties [insert name of principal] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [ "sudden" or "nonsudden"] accidental occurrence arising from operating [principal's] hazardous waste transfer, treatment, storage, or disposal facility/TTU should be paid in the amount of $ [insert dollar amount].
[Signature]
Principal
[Notary]: Date:
[Signature]
Claimant(s):
[Notary]: Date:
or (b) A valid final court order establishing a judgment against the Principal for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Principal's facility/TTU or group of facilities/TTUs.
(5) In the event of combination of this bond with another mechanism for liability coverage, this bond will be considered [insert "primary" or "excess"] coverage.
(6) The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond. In no event shall the obligation of the Surety(ies) hereunder exceed the amount of said annual aggregate penal sum, provided that the Surety(ies) furnish(es) notice to DTSC forthwith of all claims filed and payments made by the Surety(ies) under this bond.
(7) The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and the DTSC, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by the Principal and the DTSC, as evidenced by the return receipt.
(8) The Principal may terminate this bond by sending written notice to the Surety(ies) and to the DTSC.
(9) The Surety(ies) hereby waive(s) notification of amendments to applicable laws, statutes, rules, and regulations and agree(s) that no such amendment shall in any way alleviate its (their) obligation on this bond.
(10) This bond is effective from [insert date] (12:01 a.m., standard time, at the address of the Principal as stated herein) and shall continue until terminated as described above.
In Witness Whereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies), that the wording of this surety bond is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (l), and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapters 14 and 15, article 8.
PRINCIPAL
 
[Signature(s)]:
[Name(s)]:
[Title(s)]:
[Corporate Seal]:
CORPORATE SURETY(IES)
 
[Name and address]:
State of Incorporation:
Liability Limit:
[Signature(s)]:
[Name(s) and title(s)]:
[Corporate Seal]:
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium:
(m)(1) A trust agreement, as specified in section 66264.147, subsection (j) or section 66265.147, subsection (j) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
TRUST AGREEMENT
 
Trust Agreement, the "Agreement," entered into as of [date] by and between  [name of the owner or operator], a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "incorporated in the State of [name of State]" or "a national bank"], the "Trustee."
WHEREAS, the Department of Toxic Substances Control (DTSC), a department of the State of California, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility/transportable treatment unit (TTU) or group of facilities/TTUs shall demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from the operations of the facility/TTU or group of facilities/TTUs.
WHEREAS, the Grantor has elected to establish a trust to assure all or part of such financial responsibility for the facilities/TTUs identified herein.
WHEREAS, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee.
NOW, THEREFORE, the Grantor and the Trustee agree as follows:
Section 1. Definitions.As used in this Agreement:
(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successor or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
(c) The term "Beneficiary" means the State of California, Department of Toxic Substances Control.
Section 2. Identification of Facilities/TTUs.This agreement pertains to the facilities/TTUs identified on the attached Schedule A [on Schedule A for each facility/TTU, list the EPA Identification Number, name, and address of the facility(ies)/TTU(s) and the amount of liability coverage, or portions thereof, if more than one instrument affords combined coverage as demonstrated by this Agreement].
Section 3. Establishment of Fund.The Grantor and Trustee hereby establish a trust fund, hereinafter the "Fund," for the benefit of any and all third parties injured or damaged by [ "sudden" and/or "nonsudden"] accidental occurrences arising from operation of the facility(ies)/TTU(s) covered by this Guarantee, in the amounts of [up to one million dollars] per occurrence _________ and [up to two million dollars] annual aggregate for sudden accidental occurrences and ___________ [up to three million dollars] per occurrence and ___________ [up to six million dollars] annual aggregate for non sudden occurrences, except that the Fund is not established for the benefit of third parties for the following:
(a) Bodily injury or property damage for which [insert grantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert grantor] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert grantor] under a workers' compensation, disability benefit, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert grantor] arising from, and in the course of, employment by [insert grantor]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert grantor].
This exclusion applies:
(A) Whether [insert grantor] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who shall pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert grantor];
(2) Premises that are sold, given away or abandoned by [insert grantor] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert grantor];
(4) Personal property in the care, custody or control of [insert grantor];
(5) That particular part of real property on which [insert grantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert grantor] are performing operations, if the property damage arises out of these operations.
In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage.
The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Beneficiary.
Section 4. Payment for Bodily Injury or Property Damage.The Trustee shall satisfy a third party liability claim by making payments from the Fund only upon receipt of one of the following documents:
(a) Certification from the Grantor and the third party claimants(s) that the liability claim should be paid. The certification shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
CERTIFICATION OF VALID LIABILITY CLAIM
 
The undersigned, as parties [insert name of grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by [ "sudden" or "nonsudden"] accidental occurrence arising from operating hazardous waste transfer, treatment, storage, or disposal facility/TTU should be paid in the amount of $ [insert dollar amount].
[Signature]
[Grantor]
[Signature]
[Claimant(s)]
(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility/TTU or group of facilities/TTUs.
Section 5. Payments Comprising the Fund.Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.
Section 6. Trustee Management.The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his or her duties with respect to the trust fund solely in the interest of the Beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
(i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities/TTUs, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 United States Code section 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the Federal or State government;
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment.The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 United States Code section 80a-1 et seq., including one which may be created, managed, underwritten or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee.Without in any way limiting the powers and discretion conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depositary even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depositary with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses.All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.
Section 10. Annual Valuation.The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Beneficiary a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and Beneficiary shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.
Section 11. Advice of Counsel.The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 12. Trustee Compensation.The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
Section 13. Successor Trustee.The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If, for any reason, the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, Beneficiary, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee.All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests and instructions. All orders, requests, and instructions by the Beneficiary to the Trustee shall be in writing, signed by the Beneficiary designees, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Beneficiary hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or Beneficiary, except as provided for herein.
Section 15. Notice of Nonpayment.If a payment for bodily injury or property damage is made under Section 4 of this Trust, the Trustee shall notify the Grantor of such payment and the amount(s) thereof within five (5) working days. The Grantor shall, on or before the anniversary date of the establishment of the Fund following such notice, either make payments to the Trustee in amounts sufficient to cause the Trust to return to its value immediately prior to the payment of claims under Section 4, or shall provide written proof to the Trustee that other financial assurance for liability coverage has been obtained equaling the amount necessary to return the Trust to its value prior to the payment of claims. If the Grantor does not either make payments to the Trustee or provide the Trustee with such proof, the Trustee shall within 10 working days after the anniversary date of the establishment of the Fund provide a written notice of nonpayment to the Beneficiary.
Section 16. Amendment of Agreement.This agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist.
Section 17. Irrevocability and Termination.Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
The Beneficiary will agree to termination of the Trust when the owner or operator substitutes alternate financial assurance as specified in this section.
Section 18. Immunity and Indemnification.The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Beneficiary issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
Section 19. Choice of Law.This Agreement shall be administered, construed and enforced according to the laws of the State of California.
Section 20. Interpretation.As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
Section 21. Primary or Excess Coverage. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (m) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of acknowledgement which shall accompany the trust agreement for a trust fund as specified in section 66264.147, subsection (j) or section 66265.147, subsection (j) of this division. State requirements may differ on the proper content of this acknowledgement.
State of
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
[Signature of Notary Public]
(n)(1) A standby trust agreement, as specified in section 66264.147, subsection (h) or section 66265.147, subsection (h) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
STANDBY TRUST AGREEMENT
 
Trust Agreement, the "Agreement," entered into as of [date] by and between  [name of the owner or operator] a [name of a state] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert, "incorporated in the State of [name of State]" or "a national bank"], the "Trustee."
WHEREAS, the Department of Toxic Substances Control (DTSC), a department of the State of California, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility/transportable treatment unit (TTU) or group of facilities/TTUs shall demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from the operations of the facility/TTU or group of facilities/TTUs.
WHEREAS, the Grantor has elected to establish a standby trust into which the proceeds from a letter of credit may be deposited to assure all or part of such financial responsibility for the facilities/TTUs identified herein.
WHEREAS, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee.
NOW, THEREFORE, the Grantor and the Trustee agree as follows:
Section 1. Definitions.As used in this Agreement:
(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successor or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
(c) The term "Beneficiary" means the State of California, Department of Toxic Substances Control.
Section 2. Identification of Facilities/TTUs. This agreement pertains to the facilities/TTUs identified on the attached Schedule A [on Schedule A for each facility/TTU, list the EPA Identification Number, name, and address of the facility(ies)/TTU(s) and the amount of liability coverage, or portions thereof, if more than one instrument affords combined coverage as demonstrated by this Agreement]
Section 3. Establishment of Fund.The Grantor and Trustee hereby establish a standby trust fund, hereinafter the "Fund," for the benefit of any and all third parties injured or damaged by [ "sudden" and/or "nonsudden"] accidental occurrences arising from operation of the facility(ies)/TTU(s) covered by this Guarantee, in the amounts of [up to one million dollars] per occurrence and ________ [up to two million dollars] annual aggregate for sudden accidental occurrences and _______ [up to three million dollars] per occurrence and _________ [up to six million dollars] annual aggregate for non sudden occurrences, except that the Fund is not established for the benefit of third parties for the following:
(a) Bodily injury or property damage for which [insert grantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert grantor] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert grantor] under a workers' compensation, disability benefit, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert grantor] arising from, and in the course of, employment by [insert grantor]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert grantor].
This exclusion applies:
(A) Whether [insert grantor] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who shall pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert grantor];
(2) Premises that are sold, given away or abandoned by [insert grantor] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert grantor];
(4) Personal property in the care, custody or control of [insert grantor];
(5) That particular part of real property on which [insert grantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert grantor] are performing operations, if the property damage arises out of these operations.
In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage.
The Fund is established initially as consisting of the proceeds of the letter of credit deposited into the Fund. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities for of the Grantor established by the Beneficiary.
Section 4. Payment for Bodily Injury or Property Damage. The Trustee shall satisfy a third party liability claim by drawing on the letter of credit described in Schedule B and by making payments from the Fund only upon receipt of one of the following documents:
(a) Certification from the Grantor and the third party claimant(s) that the liability claim should be paid. The certification shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
CERTIFICATION OF VALID LIABILITY CLAIM
 
The undersigned, as parties [insert name of grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by [ "sudden" or "nonsudden"] accidental occurrence arising from operating [insert name of grantor]'s hazardous waste treatment, storage, or disposal facility/TTU should be paid in the amount of $[insert dollar amount].
[Signature]
Grantor
[Signature]
Claimant(s)
(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility/TTU or group of facilities/TTUs.
Section 5. Payments Comprising the Fund.Payments made to the Trustee for the Fund shall consist of the proceeds from the letter of credit drawn upon by the Trustee in accordance with the requirements of title 22, California Code of Regulations, section 66264.151, subsection (k) and Section 4 of this Agreement.
Section 6. Trustee Management.The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his or her duties with respect to the trust fund solely in the interest of the Beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
(i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities/TTUs, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 United States Code section 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the Federal or State government;
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment.The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 United States Code section 80a-1 et seq., including one which may be created, managed, underwritten or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee.Without in any way limiting the powers and discretion conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depositary even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depositary with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses.All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements to the Trustee shall be paid from the Fund.
Section 10. Advice of Counsel.The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 11. Trustee Compensation.The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
Section 12. Successor Trustee.The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment; the Trustee shall assign, transfer and pay over to the successor trustee the funds and properties then constituting the Fund. If, for any reason, the Grantor cannot or does not act in the event of the resignation of the Trustee; the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, Beneficiary, and the present Trustee by certified mail ten days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
Section 13. Instructions to the Trustee.All orders, requests, certifications of valid claims and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests and instructions. All orders, requests and instructions by the Beneficiary to the Trustee shall be in writing, signed by the Beneficiary designees, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Beneficiary hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests and instructions from the Grantor and/or Beneficiary, except as provided for herein.
Section 14. Amendment of Agreement. This agreement may be amended by an instrument in writing executed by the Grantor, the Trustee and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist.
Section 15. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 14, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
Section 16. Immunity and Indemnification.The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Beneficiary issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
Section 17. Choice of Law.This Agreement shall be administered, construed and enforced according to the laws of the State of California.
Section 18. Interpretation.As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
Section 19. Primary or Excess Coverage.In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (n) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of acknowledgement which shall accompany the trust agreement for a standby trust fund as specified in section 66264.147, subsection (h) or section 66265.147, subsection (h) of this division. State requirements may differ on the proper content of this acknowledgement.
State of
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
[Signature of Notary Public]
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; and 40 CFR Section 264.151. 
  

 



s 66264.170. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities that transfer or store containers of hazardous waste, except as section 66264.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.170. 
  
 



s 66264.171. Use and Management of Containers.
If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator shall transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements of this chapter.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.171. 
  
 



s 66264.172. Compatibility of Waste with Containers.
The owner or operator shall use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be transferred or stored, so that the ability of the container to contain the waste is not impaired.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.172. 
  
 



s 66264.173. Management of Containers.
 (a) A container holding hazardous waste shall always be closed during transfer and storage, except when it is necessary to add or remove waste.
(b) A container holding hazardous waste shall not be opened, handled, transferred or stored in a manner which may rupture the container or cause it to leak. Reuse of containers for transportation shall comply with the requirements of the U.S. Department of Transportation regulations including those set forth in 49 CFR section 173.28.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.173. 
  
 



s 66264.174. Inspections.
At least weekly, the owner or operator shall inspect areas used for container storage or transfer, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25195.5, Health and Safety Code; 40 CFR Section 264.174. 
  
 



s 66264.175. Containment.
 (a) Container transfer and storage areas shall have a containment system that is designed and operated in accordance with subsection (b) of this section.
(b) A containment system shall be designed and operated as follows:
(1) a base shall underlie the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed;
(2) the base shall be sloped or the containment system shall be otherwise designed and operated to drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids;
(3) the containment system shall have sufficient capacity to contain precipitation from at least a 24-hour, 25-year storm plus 10 % of the aggregate volume of all containers or the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in this determination;
(4) run-on into the containment system shall be prevented unless the collection system has sufficient excess capacity in addition to that required in subsection (b)(3) of this section to contain any run-on which might enter the system; and
(5) spilled or leaked waste and accumulated precipitation shall be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system. If the collected material is a hazardous waste under chapter 11 of this division, it shall be managed as a hazardous waste in accordance with all applicable requirements of chapters 12 through 16 of this division. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of section 402 of the Federal Clean Water Act, as amended (33 U.S.C. section 1342).
(c) The owner or operator shall submit to the Department with the application for a hazardous waste facility permit a written statement signed by an independent, qualified professional engineer, registered in California, that indicates that the containment system is suitably designed to achieve the requirements of this section.
(d) Storage areas that store containers holding only hazardous wastes that do not contain free liquids need not have a containment system as specified by subsection (b) of this section, except as provided by subsection (e) of this section or provided that:
(1) The storage area is sloped or is otherwise designed and operated to collect and remove liquid resulting from precipitation, or
(2) The containers are elevated or are otherwise protected from contact with accumulated liquid.
(e) Storage areas that store containers holding the following wastes listed that do not contain free liquids must have a containment system as specified by subsection (b) of this section: F020, F021, F022, F023, F026, and F027.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150(a), 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.175. 
  
 



s 66264.176. Special Requirements for Ignitable or Reactive Waste.
Containers holding ignitable or reactive waste shall be located at least 15 meters (50 feet) from the facility's property line.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.176. 
  
 



s 66264.177. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible wastes and materials (see Appendix V for examples), shall not be placed in the same container, unless section 66264.17(b) is complied with.
(b) Hazardous waste shall not be placed in an unwashed container that previously held an incompatible waste or material.
(c) A container holding a hazardous waste that is incompatible with any waste or other materials transferred or stored nearby in other containers, piles, open tanks, or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.177. 
  
 



s 66264.178. Closure.
At closure, all hazardous waste and hazardous waste residues shall be removed from the containment system. Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste residues shall be decontaminated or removed. At closure, as throughout the operating period, unless the owner or operator can demonstrate in accordance with section 66261.3(e) of this division that the solid waste removed from the containment system is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chapters 12 through 16 of this division.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code; 40 CFR Section 264.178. 
  
 



s 66264.179. Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of Articles 27, 28, and 28.5 of this Chapter.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 264.179.

 



s 66264.190. Applicability.
The requirements of this article apply to owners and operators of facilities that use tank systems for transferring, storing or treating hazardous waste except as otherwise provided in subsections (a), (b) and (c) of this section or in section 66264.1 of this chapter.
(a) Tank systems that are used to transfer, store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in section 66264.193. To demonstrate the absence or presence of free liquids in the transferred/stored/treated waste, EPA Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Publication No. SW-846 Third Edition and Updates, (incorporated by reference in section 66260.11 of this chapter) shall be used.
(b) Tank systems, including sumps, as defined in section 66260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in section 66264.193(a) of this article.
(c) Tanks, sumps, and other such collection devices or systems used in conjunction with drip pads, as defined in 66260.10 of this chapter and regulated under Chapter 14, Article 15.7, shall meet the requirements of this article.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.190. 
  

 



s 66264.191. Assessment of Existing Tank System's Integrity.
 (a) Tanks shall have sufficient shell strength and, for closed tanks, pressure controls (e.g., vents) to assure that they do not collapse or rupture. The Department will review the design of the tanks, including the foundation, structural support, seams and pressure controls and seismic considerations. The Department shall require that a minimum shell thickness be maintained at all times to ensure sufficient shell strength. Factors to be considered in establishing minimum thickness include the width, height and materials of construction of the tank, and the specific gravity of the waste which will be placed in the tank. In reviewing the design of the tank and approving a minimum thickness, the Department shall rely upon appropriate industrial design standards and other available information.
(b) For each existing tank system that does not have secondary containment meeting the requirements of section 66264.193, the owner or operator shall determine that the tank system is not leaking or is unfit for use. Except as provided in subsections (d) and (g) of this section, and in addition to the requirements of subsection (f) of this section, the owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by an independent, qualified professional engineer, registered in California, in accordance with section 66270.11(d), that attests to the tank system's integrity.
(c) This assessment shall determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be transferred, stored or treated, to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment shall consider the following:
(1) design standard(s), if available, according to which the tank and ancillary equipment were constructed;
(2) hazardous characteristics of the waste(s) that have been and will be handled;
(3) existing corrosion protection measures;
(4) documented age of the tank system, if available (otherwise, an estimate of the age);
(5) results of a leak test, internal inspection, or other tank integrity examination such that:
(A) for non-enterable underground tanks, the assessment shall include a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water table effects, and
(B) for other than non-enterable underground tanks and for ancillary equipment, this assessment shall include either a leak test, as described above, or other integrity examination, that is certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that addresses cracks, leaks, corrosion, and erosion; and
(6) those design requirements and factors listed in subsection (a) of this section.
(d) For tank systems that transfer, store or treat materials that become hazardous wastes this assessment shall be conducted within 12 months after the date that the waste becomes a hazardous waste, except as provided in subsection (g) of this section.
(e) If, as a result of the assessment conducted in accordance with subsection  (b) or (g) of this section, a tank system is found to be leaking or unfit for use, the owner or operator shall comply with the requirements of section 66264.196.
(f) Owners or operators of all existing tank systems shall submit to the Department with Part B of the application for a hazardous waste facility permit, a written statement, signed by an independent, qualified professional engineer, registered in California, in accordance with section 66270.11(d), attesting that the tanks and containment system are suitably designed to achieve the requirements of this article.
(g)(1) Notwithstanding subsections (b) through (d) of this section, for each existing tank system that does not have secondary containment meeting the requirements of section 66264.193 and which meets the criteria specified in subsection (g)(2) of this section, the assessment specified in subsection (i) of this section shall be conducted by January 24, 1998. This assessment shall be reviewed and certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that attests to the tank system's integrity. The assessment shall be kept on file at the facility until closure of the facility and shall be valid for a period of one year from the date the assessment was certified.
(2) The provisions of subsection (g)(1) of this section apply only to:
(A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems containing RCRA hazardous wastes generated onsite, if:
1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
2. the owner or operator is not subject to regulation in 40 CFR part 264 pursuant to an exemption in 40 CFR section 264.1, but the owner or operator is subject to the standards of this article.
(h) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(i) The tank system assessment shall include all of the following information:
(1) tank configuration (i.e., horizontal, vertical), and gross capacity (in gallons);
(2) design standard(s), if available, according to which the tank and ancillary equipment were constructed, and all of the following information:
(A) material of construction;
(B) material thickness and the method used to determine the thickness;
(C) description of tank system piping (material, diameter);
(D) description of any internal and external pumps; and
(E) sketch or drawing of tank including dimensions.
(3) documented age of the tank system, if available, otherwise, an estimate of the age based on owner or operator knowledge;
(4) description and evaluation of the adequacy of any leak detection equipment;
(5) description and evaluation of any corrosion protection equipment;
(6) description and evaluation of any spill prevention or overfill equipment;
(7) hazardous characteristics of the waste(s) that have been or will be handled;
(8) description of any structural damage or inadequate construction or installation such as cracks, punctures, or damaged fittings. All discrepancies shall be documented in the assessment and remedied before the tank system is certified for use.
(9) results of a leak test, internal inspection, or other tank system integrity examination including the type of integrity examination performed (i.e., ultrasonic, internal examination, volumetric tank test, pipeline pressure test). Tank system integrity or leak test requirements must be in compliance with all local requirements. Prior to conducting a tank system integrity test or leak test, contact local agency staff for local requirements.
(10) estimated remaining service life of the tank system based on findings of subsection (i)(1) through (i)(9).
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.191. 
  
 



s 66264.192. Design and Installation of New Tank Systems or Components.
 (a) Tanks shall have sufficient shell strength and, for closed tanks, pressure controls (e.g., vents) to assure that they do not collapse or rupture. The Department will review the design of the tanks, including the foundation, structural support, seams and pressure controls and seismic considerations. The Department shall require that a minimum shell thickness be maintained at all times to ensure sufficient shell strength. Factors to be considered in establishing minimum thickness include the width, height and materials of construction of the tank, and the specific gravity of the waste which will be placed in the tank. In reviewing the design of the tank and approving a minimum thickness, the Department shall rely upon appropriate industrial design standards and other available information.
(b) Owners or operators of new tank systems or components shall obtain and submit to the Department, at time of submittal of Part B information, a written assessment, reviewed and certified by an independent, qualified professional engineer, registered in California, in accordance with section 66270.11(d), attesting that the tank system has sufficient structural integrity and is acceptable for the transferring, storing and treating of hazardous waste and that the tanks and containment system are suitably designed to achieve the requirements in this article. The assessment shall show that the foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the waste(s) to be transferred, stored or treated, and corrosion protection to ensure that it will not collapse, rupture, or fail. This assessment, which will be used by the Department to review and approve or disapprove the acceptability of the tank system design, shall also include, at a minimum, the following information:
(1) design standard(s) according to which tank(s) and/or the ancillary equipment are constructed;
(2) hazardous characteristics of the waste(s) to be handled;
(3) for new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system will be in contact with the soil or with water, a determination by a corrosion expert of:
(A) factors affecting the potential for corrosion, including but not limited to:
1. soil moisture content;
2. soil pH;
3. soil sulfides level;
4. soil resistivity;
5. structure to soil potential;
6. influence of nearby underground metal structures (e.g., piping);
7. existence of stray electric current;
8. existing corrosion-protection measures (e.g., coating, cathodic protection), and
(B) the type and degree of external corrosion protection that are needed to ensure the integrity of the tank system during the use of the tank system or component, consisting of one or more of the following:
1. corrosion-resistant materials of construction such as special alloys, fiberglass reinforced plastic, etc.;
2. corrosion-resistant coating (such as epoxy, fiberglass, etc.) with cathodic protection (e.g., impressed current or sacrificial anodes); and
3. electrical isolation devices such as insulating joints, flanges, etc.;
(4) for underground tank system components that are likely to be adversely affected by vehicular traffic, a determination of design or operational measures that will protect the tank system against potential damage;
(5) design considerations to ensure that:
(A) tank foundations will maintain the load of a full tank;
(B) tank systems will be anchored to prevent flotation or dislodgment where the tank system is placed in a saturated zone, or is located within a seismic fault zone subject to the standards of section 66264.18(a); and
(C) tank systems will withstand the effects of frost heave; and
(6) those design requirements and factors listed in subsection (a) of this section.
(c) The owner or operator of a new tank system shall ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Prior to covering, enclosing, or placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, professional engineer, registered in California, either of whom is trained and experienced in the proper installation of tank systems or components, shall inspect the system for the presence of any of the following items:
(1) weld breaks;
(2) punctures;
(3) scrapes of protective coatings;
(4) cracks;
(5) corrosion;
(6) other structural damage or inadequate construction/installation.
All discrepancies shall be remedied before the tank system is covered, enclosed, or placed in use.
(d) New tank systems or components that are placed underground and that are back filled shall be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and that is installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported.
(e) All new tanks and ancillary equipment shall be tested for tightness prior to being covered, enclosed, or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leak(s) in the system shall be performed prior to the tank system being covered, enclosed, or placed into use.
(f) Ancillary equipment shall be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion, or contraction.
(g) The owner or operator shall provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under subsection (b)(3) of this section, or other corrosion protection if the Department believes other corrosion protection is necessary to ensure the integrity of the tank system during use of the tank system. The installation of a corrosion protection system that is field fabricated shall be supervised by an independent corrosion expert to ensure proper installation.
(h) The owner or operator shall obtain and keep on file at the facility written statements by those persons required to certify the design of the tank system and supervise the installation of the tank system in accordance with the requirements of subsections (c) through (g) of this section, that attest that the tank system was properly designed and installed and that repairs, pursuant to subsections (c) and (e) of this section, were performed. These written statements shall also include the certification statement as required in section 66270.11(d) of this division.
(i)(1) Notwithstanding subsections (b) through (h) of this section, design and installation of new tank systems or components used to manage hazardous waste, and which meet the criteria specified in subsection (i)(2) of this section, are not subject to the requirements of subsections (i) through (n) of this section until January 24, 1998. The assessment specified in subsection (l) of this section shall be obtained prior to placing  a new tank system in service and shall be kept on file at the facility. This assessment shall be reviewed and certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), attesting that the tank system has sufficient structural integrity and is acceptable for the transferring, storing and treating of hazardous waste. The assessment shall be valid for a maximum period of five (5) years or the remaining service life of the tank system, as stated in the engineer's assessment, whichever is less. New tank systems that have been assessed pursuant to subsections (b) through (h) of this section prior to June 1, 1995 are not required to be reassessed pursuant to subsection (l) for a period of five years from the date of the assessment or June 1, 2000, whichever is the earlier date. If changes have been made to the tank system or new components have been added to the tank system subsequent to an assessment conducted prior to June 1, 1995, the tank system shall be reassessed pursuant to subsection (l).
(2) The provisions of subsection (i)(1) of this section apply only to:
(A) onground or aboveground tank systems containing only non-RCRA hazardous waste generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems containing RCRA hazardous waste generated onsite, if:
1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
2. the owner or operator is not subject to regulation in 40 CFR part 264 pursuant to an exemption in 40 CFR section 264.1, but the owner or operator is subject to the standards of this article.
(j) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(k) New, onground or aboveground non-RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal act, with secondary containment, whose design and installation have been approved by a local agency or agencies, may, at the discretion of the CUPA, be exempt from the engineering assessment specified in subsection (l) of this section, provided minimum criteria specified in subsections (k)(1) through (k)(3) of this section are met. If the CUPA determines to exempt a new tank system from the assessment required pursuant to this subsection, the exemption shall be for a period of not more than three (3) years from the date the exemption was granted. The tank system owner or operator shall submit documentation of local agency approval to the applicable CUPA for review and possible acceptance in lieu
of the assessment specified in subsection (l) of this section. If there is no CUPA or the CUPA requests that the Department make a determination, the documentation shall be submitted to the Department.
(1) tank system must have secondary containment capable of containing 100 percent of the contents of the tank and ancillary piping volume; and
(2) if the tank system is exposed to precipitation, the secondary containment system must have sufficient capacity, in addition to that required in subsection (k)(1) of this section, to contain run-on and infiltration from a 25-year, 24-hour rainfall event;
(3) tank system secondary containment shall be provided with a leak detection system that is designed and operated so that it will detect either the failure of the primary and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 hours.
(l) The tank system assessment shall include all of the following information:
(1) tank configuration (i.e., horizontal, vertical), and gross capacity (in gallons);
(2) design standard(s), if available, according to which the tank and ancillary equipment were constructed, and all of the following information;
(A) material of construction;
(B) material thickness and the method used to determine the thickness;
(C) description of tank system piping (material, diameter);
(D) description of any internal and external pumps; and
(E) sketch or drawing of tank including dimensions.
(3) documented age of the tank system (if tank was previously used), if available, (otherwise, an estimate of the age);
(4) description and evaluation of any leak detection equipment;
(5) description and evaluation of any corrosion protection equipment, devices, or material;
(6) description and evaluation of any spill prevention or overfill equipment;
(7) description and evaluation of secondary containment for the tank system  (secondary containment must meet minimum standards as specified in subsections (k)(1) through (k)(3) of this section) including applicable secondary containment for ancillary equipment as required in subsection 66265.193(f);
(8) hazardous characteristics of the waste(s) that have been or will be handled;
(9) prior to placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, professional engineer, registered in California, either of whom is trained and experienced in the proper installation of tank systems, shall inspect the system or component for the presence of any of the following items and document in writing the results of the inspection:
(A) weld cracks or breaks;
(B) scrapes of protective coatings;
(C) corrosion;
(D) any structural damage or inadequate construction or installation such as cracks, punctures, damaged fittings. All discrepancies shall be documented in the assessment and remedied before the tank system is placed in use.
(10) all new tanks and ancillary equipment shall be tested for tightness prior to being placed in use. The results of the test(s) shall be documented in this assessment. Tank system integrity or leak test requirements must be in compliance with all local requirements. Prior to conducting a tank system integrity test or leak test, contact local agency staff for local requirements.
(11) estimated remaining service life of the tank system based on findings of subsections (l)(1) through (l)(10).
(m) The assessment specified in subsection (l) of this section is not required for the replacement of the following identical or functionally equivalent tank system parts or components:
(1) pumps (same type and capacity);
(2) plumbing or piping components such as unions, elbows, tees and gaskets;
(3) valves and check valves;
(4) piping and valve hangers and supports;
(n) Replacement of identical or functionally equivalent tank system parts or components not listed in subsection (m) of this section shall be approved by the CUPA prior to replacement or changeout. If the tank system part or component is determined to be identical or functionally equivalent by the CUPA, the assessment specified in subsection (l) of this section is not required. The owner or operator shall provide the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, with the following information in writing so that a determination can be made:
(1) name, address, and EPA identification number of the facility;
(2) date of planned replacement;
(3) description part or component to be replaced;
(4) description of the tank system and type of waste(s) handled;
(5) description of how the part or component is identical or functionally equivalent to the part or component to be replaced.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.192. 
  

 



s 66264.193. Containment and Detection of Releases.
 (a) In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section shall be provided (except as provided in subsections (f) and (g) of this section):
(1) for all new tank systems or components, prior to the tank system or component being put into service.
(2) for all existing tank systems.
(3) for tank systems that transfer, store or treat materials that subsequently become hazardous wastes within two years after the materials become hazardous waste unless the owner or operator complies with section 40 CFR 265.201 and is one of the following:
(A) the owner or operator is a conditionally exempt small quantity generator or a 100 to 1,000 kg per month generator, or
(B) the owner or operator is not subject to regulation in 40 CFR part 264 pursuant to an exemption in 40 CFR section 264.1, but the owner or operator is subject to the standards of this article.
(b) Secondary containment systems shall be:
(1) designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, groundwater or surface water at any time during the use of the tank system; and
(2) capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
(c) To meet the requirements of subsection (b) of this section, secondary containment systems shall be at a minimum:
(1) constructed of or lined with materials that are compatible with the wastes(s) to be placed in the tank system and shall have sufficient strength and thickness to prevent failure owing to pressure gradients (including static head and external hydrological forces), physical contact with the waste to which it is exposed, climatic conditions and the stress of daily operation (including stresses from nearby vehicular traffic);
(2) provided with a foundation or base underlying the tanks capable of providing support to the secondary containment system, resistance to pressure gradients above and below the system and capable of preventing failure due to settlement, compression or uplift. This base shall be free of cracks or gaps and sufficiently impervious to contain leaks, spills and accumulated precipitation until the collected material is detected and removed;
(3) provided with a leak-detection system that is designed and operated so that it will detect the failure of either the primary or secondary containment structure or the presence of any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the owner or operator can demonstrate to the Department that existing detection technologies or site conditions will not allow detection of a release within 24 hours; and
(4) sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills or precipitation. Spilled or leaked waste and accumulated precipitation shall be removed from the secondary containment system within as timely a manner as is necessary to prevent overflow of the containment system, but within no more than 24 hours, or in as timely a manner as possible to prevent harm to human health and the environment, if the owner or operator can demonstrate to the Department that removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours and that overflow of the containment system will not occur.
(A) If the collected material is a hazardous waste under chapter 11 of this division, it shall be managed as a hazardous waste in accordance with all applicable requirements of chapters 12 through 15 of this division.
(B) If the collected material is discharged through a point source to waters of the United States, the owner or operator shall comply with the requirements of sections 301, 304, and 402 of the Federal Clean Water Act, as amended (33 U.S.C. sections 1311, 1314 and 1342, respectively).
(C) If the collected material is discharged to a Publicly Owned Treatment Works (POTW), the owner or operator shall comply with the requirements of section 307 of the Federal Clean Water Act, as amended (33 U.S.C. section 1317).
(D) If the collected material is released to the environment, the owner or operator shall comply with the applicable reporting requirements of Title 40 CFR Part 302.
(d) Secondary containment for tanks shall include one or more of the following devices:
(1) a liner (external to the tank);
(2) a vault;
(3) a double-walled tank; or
(4) an equivalent device as approved by the Department.
(e) In addition to the requirements of subsections (b), (c) and (d) of this section, secondary containment systems shall satisfy the following requirements.
(1) External liner systems shall be:
(A) designed or operated to contain precipitation from a 24-hour, 25-year storm event plus the greater of 10 percent of the aggregate volume of all tanks or 100 percent of the capacity of the largest tank within its boundary, whichever is greater;
(B) designed or operated to prevent run-on and infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity, in addition to that required in subsection (e)(1)(A) of this section, to contain run-on and infiltration from a 25-year, 24-hour rainfall event;
(C) free of cracks or gaps; and
(D) designed and installed to surround the tank completely and to cover all surrounding earth likely to come into contact with the waste if the waste is released from the tank(s) (i.e., capable of preventing lateral as well as vertical migration of the waste).
(2) Vault systems shall be:
(A) designed or operated to contain precipitation from a 24-hour, 25-year storm event plus the greater of 10 percent of the aggregate volume of all tanks or 100 percent of the capacity of the largest tank within its boundary, whichever is greater;
(B) designed or operated to prevent run-on and infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity, in addition to that required in subsection (e)(2)(A) of this section, to contain run-on and infiltration from a 25-year, 24-hour rainfall event;
(C) constructed with chemical-resistant water stops in place at all joints (if any);
(D) provided with an impermeable interior coating or lining that is compatible with the waste being transferred, stored or treated and that will prevent migration of waste into the concrete;
(E) provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being transferred, stored or treated:
1. meets the definition of ignitable waste under section 66261.21 of this division; or
2. meets the definition of reactive waste under section 66261.23 of this division, and may form an ignitable or explosive vapor; and
(F) provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.
(3) Double-walled tanks shall be:
(A) designed as an integral structure (i.e., an inner tank completely enveloped within an outer shell) so that any release from the inner tank is contained by the outer shell;
(B) protected, if constructed of metal, from both corrosion of the primary tank interior and of the external surface of the outer shell; and
(C) provided with a built-in continuous leak detection system capable of detecting a release within 24 hours, or at the earliest practicable time, if the owner or operator can demonstrate to the Department, and the Department concludes, that the existing detection technology or site conditions would not allow detection of a release within 24 hours.
(f) Ancillary equipment shall be provided with secondary containment (e.g., trench, jacketing, double-walled piping) that meets the requirements of subsections (b) and (c) of this section except for:
(1) aboveground piping (exclusive of flanges, joints, valves and other connections) that are visually inspected for leaks on a daily basis;
(2) welded flanges, welded joints and welded connections, that are visually inspected for leaks on a daily basis;
(3) sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks on a daily basis; and
(4) pressurized aboveground piping systems with automatic shut-off devices  (e.g., excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.
(g) The owner or operator may obtain a variance from the requirements of this section for existing above-ground tanks in place, if the Department finds, as a result of a demonstration by the owner or operator that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous waste or hazardous constituents into the groundwater or surface water at least as effectively as secondary containment during the active life of the tank system, or that in the event of a release that does migrate to groundwater or surface water, no substantial present or potential hazard will be posed to human health or the environment.
(1) In deciding whether to grant a variance based on a demonstration of equivalent protection of groundwater and surface water, the Department will consider:
(A) the nature and quantity of the wastes;
(B) the proposed alternate design and operation;
(C) the hydrogeologic setting of the facility, including the thickness of soils present between the tank system and groundwater, and
(D) all other factors that would influence the quality and mobility of the hazardous constituents and the potential for the constituents to migrate to groundwater or surface water.
(2) In deciding whether to grant a variance based on a demonstration of no substantial present or potential hazard, the Department will consider:
(A) the potential adverse effects on groundwater, surface water and land quality taking into account:
1. the physical and chemical characteristics of the waste in the tank system, including its potential for migration;
2. the hydrogeological characteristics of the facility and surrounding land;
3. the potential for health risks caused by human exposure to waste constituents;
4. the potential for damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; and
5. the persistence and permanence of the potential adverse effects;
(B) the potential adverse effects of a release on groundwater quality, taking into account:
1. the quantity and quality of groundwater and the direction of groundwater flow;
2. the proximity and withdrawal rates of groundwater users;
3. the current and future uses of groundwater in the area; and
4. the existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality;
(C) the potential adverse effects of a release on surface water quality, taking into account:
1. the quantity and quality of groundwater and the direction of groundwater flow;
2. the patterns of rainfall in the region;
3. the proximity of the tank system to surface waters;
4. the current and future uses of surface waters in the area and any water quality standards established for those surface waters; and
5. the existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality; and
(D) the potential adverse effects of a release on the land surrounding the tank system, taking into account:
1. the patterns of rainfall in the region; and
2. the current and future uses of the surrounding land.
(3) The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the requirements of subsection (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control (as established in the variance), shall:
(A) comply with the requirements of section 66264.196, except subsection  (b)(5); and
(B) decontaminate or remove contaminated soil to the extent necessary to:
1. enable the tank system for which the variance was granted to resume operation with the capability for the detection of releases at least equivalent to the capability it had prior to the release; and
2. prevent the migration of hazardous waste or hazardous constituents to groundwater or surface water; and
(C) if contaminated soil cannot be removed or decontaminated in accordance with subsection (g)(3)(B) of this section, comply with the requirements of section 66264.197(b).
(4) The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the requirements of subsection (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), shall:
(A) comply with the requirements of section 66264.196(b); and
(B) prevent the migration of hazardous waste or hazardous constituents to groundwater or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed or if groundwater has been contaminated, the owner or operator shall comply with the requirements of section 66264.197(b); and
(C) if repairing, replacing or reinstalling the tank system, provide secondary containment in accordance with the requirements of subsections (a) through (f) of this section or reapply for a variance from secondary containment and meet the requirements for new tank systems in section 66264.192 if the tank system is replaced. The owner or operator shall comply with these requirements even if contaminated soil can be decontaminated or removed and groundwater or surface water has not been contaminated.
(h) The following procedures shall be followed in order to request a variance from secondary containment.
(1) The Department shall be notified in writing by the owner or operator that the facility intends to conduct and submit a demonstration for a variance from secondary containment as allowed in subsection (g) of this section at least 24 months prior to the date that secondary containment is required to be provided in accordance with subsection (a) of this section; or, if a variance is sought from the requirements of section 66264.193(i)(1), the demonstration shall be submitted to the Department with Part B of the permit application.
(2) As part of the notification, the owner or operator shall also submit to the Department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration shall address each of the factors listed in subsection (g)(1) or subsection (g)(2) of this section.
(3) The demonstration for a variance shall be completed within 180 days after notifying the Department of an intent to conduct the demonstration.
(4) If a variance is granted under this subsection, the Department will require the permittee to construct and operate the tank system in the manner that was demonstrated to meet the requirements for the variance.
(i) All tank systems, until such time as secondary containment that meets the requirements of this section is provided, shall comply with the following:
(1) subsections (c)(2), (c)(4), (e)(1)(A) or (e)(2)(A) (except for tanks that do not contain free liquids), and (e)(1)(B) or (e)(2)(B);
(2) for nonenterable underground tanks, a leak test that meets the requirements of section 66264.191(c)(5) or other tank integrity method, as approved or required by the Department, shall be conducted at least annually;
(3) for other than nonenterable underground tanks, the owner or operator shall either conduct a leak test as in subsection (i)(2) of this section or develop a schedule and procedure for an assessment of the overall condition of the tank system by an independent, qualified professional engineer, registered in California, in accordance with section 66270.11(d). The schedule and procedure shall be adequate to detect obvious cracks, leaks, and corrosion or erosion that may lead to cracks and leaks. The owner or operator shall remove the stored waste from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed. The frequency of these assessments shall be based on the material of construction of the tank and its ancillary equipment, the age of the system, the type of corrosion or erosion protection used, the rate of corrosion or erosion observed during the previous inspection and the characteristics of the waste being stored or treated;
(4) for ancillary equipment, a leak test or other integrity assessment as approved by the Department shall be conducted at least annually;
(5) the owner or operator shall maintain on file at the facility a record of the results of the assessments conducted in accordance with subsections (i)(2) through (i)(4) of this section;
(6) if a tank system or component is found to be leaking or unfit for use as a result of the leak test or assessment in subsections (i)(2) through (i)(4) of this section, the owner or operator shall comply with the requirements of section 66264.196.
(j)(1) Notwithstanding subsection (a) through (c) of this section, secondary containment that meets the requirements of  subsections (l) and (m) shall be provided for tank systems used to manage hazardous wastes generated onsite, and which meet the criteria specified in subsection (j)(2) of this section:
(A) prior to the tank system or component being placed in service for new tank systems or components; or
(B) by January 24, 1998 for existing tank systems.
(2) The provisions of subsection (j)(1) of this section apply only to:
(A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems containing RCRA hazardous wastes generated onsite, if:
1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
2. the owner or operator is not subject to regulation in 40 CFR part 264 pursuant to an exemption in 40 CFR section 264.1, but the owner or operator is subject to the standards of this article.
(k) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(l) Secondary containment for onground or aboveground generator and onsite tier (Permit-by-Rule, Conditional Authorization, and Conditional Exemption), non-RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal act, shall consist of any of the devices listed in subsection (d) and satisfy the requirements of (e) of this section or any device or combination of devices as approved by the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department makes a determination, which would satisfy the following minimum requirements:
(1) designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, surface water, or air at any time during the use of the tank system; and
(2) capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
(m) Ancillary equipment shall be provided with secondary containment as specified in subsection (f) of this section or an alternative device or devices as approved in writing by the CUPA, or the Department if there is no CUPA or if the CUPA requests that the Department make a determination, which would prevent and/or detect any release of wastes out of the tank system before such wastes could migrate to the soil, ground water, or surface water at any time during the use of the tank system. The following are examples of tank system and ancillary equipment secondary containment alternatives or options that may be proposed for review and approval by the CUPA:
(1) traditional containment of entire system within a bermed containment area with visual and/or electronic leak detection monitoring;
(2) troughs or pipe runs with impermeable liners that incorporate the following:
(A) visual monitoring during hours of operation or;
(B) continuous electronic leak detection monitoring for releases; or
(C) sumps located at low elevations with leak detection monitors.
(3) double-walled piping with continuous interstitial monitoring or monitoring intervals located at low elevation points along pipeline;
(4) Double-walled piping with translucent or transparent sections located at low points or low endpoints so that visual monitoring is possible.
(n) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, operating an onground or aboveground, non-RCRA tank system or a tank system otherwise exempt from permitting requirements pursuant to the federal act, that has 18 months or less remaining in service prior to planned closure of the tank system, may propose alternatives to retrofitting the tank system with secondary containment. Local agency requirements must be considered when proposing alternatives to secondary containment. The owner or operator shall provide the following information in writing to the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, so that a determination can be made whether the proposed alternative would be acceptable:
(1) name, address, and EPA identification number of the facility;
(2) date of planned closure;
(3) description of tank system to be closed and form of current authorization for the tank system;
(4) description of how the proposed alternative would provide adequate environmental protection such that the design, installation, and operation will be capable of detecting a release and preventing any migration of wastes or accumulated liquid out of the system to the soil, ground water, surface water, or air at any time during the remaining life of the tank system.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25143, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.193. 
  
 



s 66264.194. General Operating Requirements.
 (a) Hazardous wastes or other materials (e.g., treatment reagents) shall not be placed in a tank system if they could cause the tank, its ancillary equipment or the containment system to rupture, leak, corrode, or otherwise fail.
(b) The owner or operator shall use appropriate controls and practices to prevent spills and overflows from tank or containment systems. These include at a minimum:
(1) spill prevention controls (e.g., check valves, dry disconnect couplings);
(2) overfill prevention controls (e.g., level sensing devices, high level alarms, automatic feed cutoff, or bypass to a standby tank); and
(3) maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation from at least a 24-hour, 25-year storm.
(c) The owner or operator shall comply with the requirements of section 66264.196 if a leak or spill occurs in the tank system.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.194. 
  
 



s 66264.195. Inspections.
 (a) The owner or operator shall develop and follow a schedule and procedure for inspecting overfill controls and shall inspect the overfill controls at least once each operating day to ensure that they are in good working order.
(b) The owner or operator shall inspect at least once each operating day:
(1) aboveground portions of the tank system, if any, to detect corrosion or releases of waste;
(2) data gathered from monitoring and leak detection equipment (e.g., pressure or temperature gauges, monitoring wells) to ensure that the tank system is being operated according to its design; and
(3) the construction materials and the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system (e.g., dikes) to detect corrosion, erosion or signs of releases of hazardous waste (e.g., wet spots, dead vegetation);
(4) for uncovered tanks, the level of waste in the tank, to ensure compliance with section 66264.194(b)(3).
(c) The owner or operator shall inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly.
(1) The proper operation of the cathodic protection system shall be confirmed within six months after initial installation and annually thereafter.
(2) All sources of impressed current shall be inspected and/or tested, as appropriate, at least bimonthly (i.e., every other month).
(d) The owner or operator shall document in the operating record of the facility an inspection of those items in subsections (a) through (c) of this section.
(e) As part of the inspection schedule required in section 66264.15(b), and in addition to the specific requirements of subsection (a) of this section, the owner or operator shall develop a schedule and procedure for assessing the condition of the tank. The schedule and procedure shall be adequate to detect cracks, leaks, corrosion or erosion which may lead to cracks or leaks, or wall thinning to less than the thickness required under section 66264.191(a). Procedures for emptying a tank to allow entry and inspection of the interior shall be established, when necessary, to detect corrosion or erosion of the tank sides and bottom. The frequency of these assessments shall be based on the material of construction of the tank, type of corrosion or erosion observed during previous inspections and the characteristics of the waste being transferred, treated or stored.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.195. 
  
 



s 66264.196. Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems.
 (a) As part of the contingency plan required under this chapter, the owner or operator shall specify the procedures the facility intends to use to respond to tank spills or leakage, including procedures and timing for expeditious removal of leaked or spilled waste and repair of the tank.
(b) A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall be removed from service immediately, and the owner or operator shall satisfy the following requirements.
(1) General emergency procedures. The owner or operator shall comply with applicable requirements of section 66264.56 of this division.
(2) Cessation of use; prevention of flow or addition of wastes. The owner or operator shall immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.
(3) Removal of waste from tank system or secondary containment system.
(A) If the release was from the tank system, the owner/operator shall, within 24 hours after detection of the leak or, if the owner/operator demonstrates that it is not possible, at the earliest practicable time, remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.
(B) If the material released was to a secondary containment system, all released materials shall be removed within as timely a manner as is necessary to prevent overflow of the containment system, but within no more than 24 hours, or in as timely a manner as is possible to prevent harm to human health and the environment if the owner or operator provides the demonstration required by section 66264.193(c)(4).
(4) Containment of visible releases to the environment. The owner/operator shall immediately conduct a visual inspection of the release and, based upon that inspection:
(A) prevent further migration of the leak or spill to soils or surface water; and
(B) remove, and properly dispose of, any visible contamination of the soil or surface water.
(5) Notifications, reports.
(A) Any release to the environment, except as provided in subsection (b)(5)(B) of this section, shall be reported to the Department within 24 hours of its detection.
(B) A leak or spill of hazardous waste is exempted from the requirements of subsection (b)(5) of this section, but is not exempt from the requirements of section 66264.56, if it is:
1. less than or equal to a quantity of one (1) pound, and
2. immediately contained and cleaned up.
(C) Within 30 days of detection of a release to the environment, a report containing the following information shall be submitted to the Department:
1. likely route of migration of the release;
2. characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate);
3. results of any monitoring or sampling conducted in connection with the release (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the Department as soon as they become available;
4. proximity to downgradient drinking water, surface water, and populated areas; and
5. description of response actions taken or planned.
(6) Provision of secondary containment, repair, or closure.
(A) Unless the owner/operator satisfies the requirements of subsections  (b)(6)(B) through (D) of this section, the tank system shall be closed in accordance with section 66264.197.
(B) If the cause of the release was a spill that has not damaged the integrity of the system, the owner/operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.
(C) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service.
(D) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner/operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of section 66264.193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component shall be repaired and may be returned to service without secondary containment as long as the requirements of subsection (b)(7) of this section are satisfied. If a component is replaced to comply with the requirements of this subsection, that component shall satisfy the requirements for new tank systems or components in sections 66264.192 and 66264.193. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component shall be provided with secondary containment in accordance with section 66264.193 prior to being returned to use.
(7) Certification of major repairs. If the owner/operator has repaired a tank system in accordance with subsection (b)(6) of this section, and the repair has been extensive (e.g., installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system shall not be returned to service unless the owner/operator has obtained a certification by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification shall be submitted to the Department within seven days after returning the tank system to use.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.196. 
  
 



s 66264.197. Closure and Post-Closure Care.
 (a) At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless section 66261.3(e) of this division applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems shall meet all of the requirements specified in articles 7 and 8 of this chapter.
(b) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in subsection (a) of this section, then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills section 66264.310. In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in articles 7 and 8 of this chapter.
(c) If an owner or operator has a tank system that does not have secondary containment that meets the requirements of section 66264.193(b) through (f) and has not been granted a variance from the secondary containment requirements in accordance with section 66264.193(g), then:
(1) the closure plan for the tank system shall include both a plan for complying with subsection (a) of this section and a contingent plan for complying with subsection (b) of this section;
(2) a contingent post-closure plan for complying with subsection (b) of this section shall be prepared and submitted as part of the permit application;
(3) the cost estimates calculated for closure and post-closure care shall reflect the costs of complying with the contingent closure plan and the contingent post-closure plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under subsection (a) of this section;
(4) financial assurance shall be based on the cost estimates insubsection  (c)(3) of this section;
(5) for the purposes of the contingent closure and post-closure plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, post-closure, and financial responsibility requirements for landfills under articles 7 and 8 of this chapter.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.197. 
  

 



s 66264.198. Special Requirements for Ignitable or Reactive Wastes.
 (a) Ignitable or reactive waste shall not be placed in tank systems, unless:
(1) the waste is treated, rendered, or mixed before or immediately after placement in the tank system so that:
(A) the resulting waste, mixture, or dissolved material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this division, and
(B) section 66264.17(b) is complied with; or
(2) the waste is transferred, stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or
(3) the tank system is used solely for emergencies.
(b) The owner or operator of a facility where ignitable or reactive waste is transferred, stored or treated in a tank shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjoining property line that can be built upon as required in Tables 2-1 through 2-6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code," (1981), (incorporated by reference, see section 66260.11).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Code; 40 CFR Section 264.198. 
  
 



s 66264.199. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible wastes and materials, shall not be placed in the same tank system, unless section 66264.17(b) is complied with.
(b) Hazardous waste shall not be placed in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless section 66264.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.199. 
  
 



s 66264.200. Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of Articles 27, 28 and 28.5 of this Chapter.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 264.200.

 



s 66264.220. Applicability.
The regulations in this article apply to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste except as section 66264.1 of this chapter provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.220. 
  
 



s 66264.221. Design and Operating Requirements.
 (a) Any surface impoundment that is not covered by subsection (c) of this section or section 66265.221 shall have a liner for all portions of the impoundment (except for existing portions of such impoundments). The liner shall be designed, constructed, and installed to prevent any migration of wastes out of the impoundment to the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the impoundment. The liner may be constructed of materials that may allow wastes to migrate into the liner (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility, provided that the impoundment is closed in accordance with section 66264.228(a)(1). For impoundments that will be closed in accordance with section 66264.228(a)(2), the liner shall be constructed of materials that can prevent wastes from migrating into the liner during the active life of the facility. The liner shall be:
(1) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
(2) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and
(3) installed to cover all surrounding earth likely to be in contact with the waste or leachate.
(b) The owner or operator will be exempted from the requirements of subsection  (a) of this section if the Department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into soil outside the impoundment or into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:
(1) the nature and quantity of the wastes;
(2) the proposed alternate design and operation;
(3) the hydrogeologic setting of the facility, including the alternative capacity and thickness of the liners and soils present between the impoundment and ground water or surface water; and
(4) all other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water;
(5) the potential for lateral migration of hazardous constituents which could present a threat to public health or the environment;
(6) recommendations of the State Water Resources Control Board or the appropriate Regional Water Quality Control Board.
(c) The owner or operator of each new surface impoundment unit on which construction commences after January 29, 1992, each lateral expansion of a surface impoundment unit on which construction commences after July 29, 1992 and each replacement of an existing surface impoundment unit that is to commence reuse after July 29, 1992 shall install two or more liners and a leachate collection and removal system between such liners. "Construction commences" is as defined in section 66260.10 of this chapter under "existing facility". When an existing surface impoundment is expanded after  January 29, 1992, the entire surface impoundment will be treated as a surface impoundment constructed after January 29, 1992. The requirements of this subsection shall not apply to surface impoundment units receiving only non-RCRA hazardous waste until February 18, 1996.
(1)(A) The liner system shall include:
1. A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into such liner during the active life and post-closure care period; and
2. A composite bottom liner, consisting of at least two components. The upper component shall be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and post-closure care period. The lower component shall be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component shall be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1x10<<super>>-7 cm/sec.
(B) The liners shall comply with subsections (a)(1), (2), and (3) of this section.
(2) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system shall be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this subsection are satisfied by installation of a system that is, at a minimum:
(A) Constructed with a bottom slope of one percent or more;
(B) Constructed of granular drainage materials with a hydraulic conductivity of 1x10<<super>>-1 cm/sec or more and a thickness of 1 foot (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3x10<<super>>-4m<<super>>2 /sec or more. In cases where the leak detection system is composed of coarse granular material, there shall be a suitable interface (e.g., geotextile) between the leak detection system and any flexible membrane liner, as needed to prevent the coarse grains from causing a puncture in the flexible membrane liner under the high stress conditions caused by the overlying waste;
(C) Constructed of materials that are chemically resistant to the waste managed in the surface impoundment and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes and any waste cover materials or equipment used at the surface impoundment;
(D) Designed and operated to minimize clogging during the active life and post-closure care period; and
(E) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit shall have its own sump(s). The design of each sump and removal system shall provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.
(3) The owner or operator shall collect and remove pumpable liquids in the sumps to minimize the head on the bottom liner.
(4) The liner system shall be designed, constructed and operated to ensure that leak detection system shall be a minimum of 5 feet above the highest anticipated elevation of groundwater.
(d) The liners shall be designed and constructed to contain the waste and leachate fluids when subjected to the maximum anticipated hydraulic head which will be imposed during disposal operations and the post-closure maintenance period.
(e) The leachate collection and removal system shall:
(1) be designed, constructed, maintained and operated to collect leachate from the area, and to ensure that there is no buildup of hydraulic head on the liner. The depth of fluid in the collection sump shall be kept at a minimum needed to ensure sufficient pump operation;
(f) The Department may approve alternative design or operating practices to those specified in subsection (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:
(1) Will prevent the migration of any hazardous constituent into the groundwater or surface water at least as effectively as the liners and leachate collection and removal system specified in subsection (c) of this section; and
(2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(g) The double liner requirement set forth in subsection (c) of this section shall be waived by the Department for any monofill, if:
(1) the monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than exceeding the soluble threshold limit concentration as described in section 66261.24; and
(2)(A) 1. the monofill has at least one liner for which there is no evidence that such liner is leaking. For the purposes of this subsection, the term "liner" means a liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water, or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of subsection (c) of this section on the basis of a liner designed, constructed, installed, and operated to prevent hazardous waste from passing beyond the liner, at the closure of such impoundment, the owner or operator shall remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner or operator of such impoundment will comply with appropriate post-closure requirements, including but not limited to groundwater monitoring and corrective action;
2. the monofill is located more than one-quarter mile from an underground source of drinking water as defined in section 66260.10 of this chapter; and
3. the monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with permits; or the owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.
(h) A surface impoundment shall be designed, constructed, maintained, and operated to prevent overtopping resulting from normal or abnormal operations; overfilling; wind and wave action; rainfall; run-on; malfunctions of level controllers, alarms, and other equipment; and human error.
(i) A surface impoundment shall have dikes that are designed, constructed, and maintained with sufficient structural integrity to prevent massive failure of the dikes. In ensuring structural integrity, it must not be presumed that the liner system will function without leakage during the active life of the unit.
(j) The Department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
(k) The owner or operator of any replacement surface impoundment unit is exempt from subsection (c) of this section if:
(1) The existing unit was constructed in compliance with the design standards of 42 USC section 6924(o)(1)(A)(i) and 42 USC section 6924(o)(5); and
(2) There is reason to believe that the liner is functioning as designed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR 40 section 264.221. 
  
 



s 66264.222. Action Leakage Rate.
 (a) The Department shall approve an action leakage rate for surface impoundment units subject to section 66264.221 (c) or (f). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any given portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under section 66264.226(d) to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and if the unit is closed in accordance with section 66264.228(b), monthly during the post-closure care period when monthly monitoring is required under section 66264.226(d).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.222. 
  

 



s 66264.223. Response Actions.
 (a) The owner or operator of surface impoundment units subject to section 66264.221(c) or (f) shall have an approved response action plan before receipt of waste. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4) and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3),  (4) and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.223. 
  
 



s 66264.226. Monitoring and Inspection.
 (a) During construction and installation, liners (except in the case of existing portions of surface impoundments exempt from section 66264.221(a)) and cover systems (e.g., membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:
(1) synthetic liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and
(2) soil-based and admixed liners and covers shall be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a surface impoundment is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:
(1) deterioration, malfunctions, or improper operation of overtopping control systems;
(2) sudden drops in the level of the impoundment's contents; and
(3) the presence of liquids in leak detection systems;
(4) severe erosion or other signs of deterioration in dikes or other containment devices.
(c) Prior to the issuance of a permit, and after any extended period of time  (at least six months) during which the impoundment was not in service, the owner or operator shall obtain a certification from a qualified engineer, registered in California, that the impoundment's dike, including that portion of any dike which provides freeboard, has structural integrity. The certification must establish, in particular, that the dike:
(1) will withstand the stress of the pressure exerted by the types and amounts of wastes to be placed in the impoundment;
(2) will not fail due to scouring or piping, without dependence on any liner system included in the surface impoundment construction;
(3) will not fail due to external or internal forces from a maximum credible earthquake or landslide.
(d)(1) An owner or operator required to have a leak detection system under section 66264.221(c) or (f) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
(2) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
(3) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Department based on pump activation level, sump dimensions, and level that avoids backup into drainage layer and minimizes head in the sump.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.226. 
  
 



s 66264.227. Emergency Repairs; Contingency Plans.
 (a) A surface impoundment shall be removed from service in accordance with subsection (b) of this section when:
(1) the level of liquids in the impoundment suddenly drops and the drop is not known to be caused by changes in the flows into or out of the impoundment; or
(2) the dike leaks.
(b) When a surface impoundment must be removed from service as required by subsection (a) of this section, the owner or operator shall:
(1) immediately shut off the flow or stop the addition of wastes into the impoundment;
(2) immediately contain any surface leakage which has occurred or is occurring;
(3) immediately stop the leak;
(4) take any other necessary steps to stop or prevent catastrophic failure;
(5) if a leak cannot be stopped by any other means, empty the impoundment; and
(6) notify the Department of the problem in writing within seven days after detecting the problem.
(c) As part of the contingency plan required in article 4 of this chapter, the owner or operator shall specify a procedure for complying with the requirements of subsection (b) of this section.
(d) No surface impoundment that has been removed from service in accordance with the requirements of this section may be restored to service unless the portion of the impoundment which was failing is repaired and the following steps are taken.
(1) If the impoundment was removed from service as the result of actual or imminent dike failure, the dike's structural integrity must be recertified in accordance with section 66264.226(c).
(2) If the impoundment was removed from service as the result of a sudden drop in the liquid level, then:
(A) for any existing portion of the impoundment, a liner shall be installed in compliance with section 66264.221(a); and
(B) for any other portion of the impoundment, the repaired liner system shall be certified by a qualified engineer, registered in California, as meeting the design specifications approved in the permit.
(e) A surface impoundment that has been removed from service in accordance with the requirements of this section and that is not being repaired shall be closed in accordance with the provisions of section 66264.228.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.227. 
  
 



s 66264.228. Closure and Postclosure Care.
 (a) At closure, the owner or operator shall:
(1) remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 66261.3(d) applies; or
(2)(A) eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;
(B) stabilize remaining wastes to a bearing capacity sufficient to support final cover; and
(C) cover the surface impoundment with a final cover designed and constructed to:
1. prevent the downward entry of water into the closed impoundment throughout a period of at least 100 years;
2. function with minimum maintenance;
3. promote drainage and minimize erosion or abrasion of the final cover;
4. accommodate settling and subsidence so that the cover's integrity is maintained; and
5. have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present;
6. accommodate lateral and vertical shear forces generated by the maximum credible earthquake so that the integrity of the cover is maintained;
7. preclude ponding of rainfall and surface run-on over the closed area.
(b) If some waste residues, contaminated materials or contaminated soils are left in place at final closure, the owner or operator shall comply with all postclosure requirements contained in sections 66264.117 through 66264.120, including maintenance and monitoring throughout the postclosure care period (specified in the permit under section 66264.117). The owner or operator shall:
(1) close the facility in a manner that will minimize any chance of postclosure release of hazardous waste or discarded hazardous material; facilitate postclosure maintenance, monitoring and emergency response; and require minimum maintenance of containment structures, leachate collection systems and surface drainage collection or diversion systems;
(2) maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion or other events;
(3) maintain and monitor the leachate collection and removal system which also serves as a leak detection system;
(4) maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of article 6 of this chapter;
(5) prevent run-on and run-off from eroding or otherwise damaging the final cover, and
(6) Maintain and monitor the leak detection system in accordance with sections 66264.221(c)(2)(D) and (c)(3) and 66264.226(d), and comply with all other applicable leak detection system requirements of this chapter;
(c)(1) If an owner or operator plans to close a surface impoundment in accordance with subsection (a)(1) of this section, then:
(A) the closure plan for the impoundment under section 66264.112 shall include both a plan for complying with subsection (a)(1) of this section and a contingent plan for complying with subsection (a)(2) of this section in case not all contaminated subsoils can be practicably removed at closure; and
(B) the owner or operator shall prepare a contingent postclosure plan under section 66264.118 for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure.
(2) The cost estimates calculated under sections 66264.142 and 66264.144 for closure and postclosure care of an impoundment subject to this paragraph shall include the cost of complying with the contingent closure plan and the contingent postclosure plan.
(d) During the postclosure care period, if liquids leak into a leak detection system, the owner or operator shall notify the Department of the leak in writing within seven (7) days after detecting the leak.
(e) If waste is to remain in a unit after closure, the owner or operator shall comply with, and plan for compliance with the following:
(1) The unit shall be compacted before any portion of the final cover is installed.
(2) (reserved).
(3) (reserved).
(4) A foundation layer shall be provided for the compacted barrier layer of the final cover. If needed, the foundation layer shall contain herbicide sufficient to prevent vegetative growth, and shall be free of decomposable organic matter. The layer shall be compacted at a moisture content sufficient to achieve the density required to provide adequate support for the nonearthen membrane.
(5) A compacted barrier layer of clean earth shall be provided above the foundation layer, and shall be provided around the unit to a depth as low as the level at which the owner or operator has deposited waste, to prevent lateral migration of waste and gas and vapor from the waste. The layer of earth shall be wholly below the average depth of frost penetration, and shall be compacted at a moisture content sufficient to achieve a percent compaction that has been demonstrated, with the specific cover material to be used, to prevent the downward entry of water into the foundation layer for a period of at least 100 years.
(6) The earthen material shall contain herbicide sufficient to prevent growth of vegetation. The slope of the final top surface of the compacted barrier layer shall be sloped after allowance for settling and subsidence to prevent the build up of hydraulic head.
(7) the owner or operator may use nonearthen materials for the barrier layer provided it is demonstrated to the satisfaction of the Department that a barrier layer of alternative composition will equally impede movement of fluid and be as durable as a compacted earthen barrier.
(8) If hazardous waste is underlain by a liner containing a synthetic membrane, then a synthetic membrane shall be provided in the final cover above the compacted barrier layer. The membrane shall be made of material chemically resistant to the waste at the facility, whether or not contact between the membrane and the waste is anticipated, and shall have thickness and strength sufficient to withstand the stresses to which it shall be including shear forces, puncture from rocks or penetration from roots.
(9) If a synthetic membrane is used in the final cover system, the owner or operator shall provide a layer of material above the synthetic membrane of the final cover, and a layer of material below this synthetic membrane, to protect the membrane from damage.
(10) The owner or operator shall provide a water drainage layer, blanket or channel above the compacted barrier layer of the final cover to provide a path for water to exit rapidly.
(11) The owner or operator shall provide a filter layer above the water drainage layer to prevent soils from clogging the drainage layer.
(12) The owner or operator shall provide a layer of top soil of thickness sufficient to support vegetation for erosion controlled deep enough to prevent root penetration into the filter layer. The top soil shall have characteristics to protect the compacted layer against drying that would lead to cracking, to resist erosion and to support vegetation growth.
(13) Permanent disposal areas shall be graded at closure so that with allowance for settling and subsidence, the slope of the land surface above all portions of the cover, shall be sufficient to prevent ponding of water. Such areas shall be graded to drain precipitation away from the disposal area. Portions of the land surface above the cover unavoidably slopes great enough to invite erosion which cannot be readily controlled by vegetation shall be protected by gunite, riprap or other material sufficient to provide erosion control.
(14) Unless vegetation on the cover would pose a significant fire hazard unacceptable to the fire prevention authority or would interfere with a planned postclosure use of the site that is acceptable to the Department, the owner or operator shall provide conditions favorable for hearty growth of vegetation that will provide erosion control without forming roots that would penetrate the compacted earth cover, and shall estimate the cost of providing such conditions and vegetation as part of the cost of closure. Vegetation for closed disposal areas shall be selected to require minimum watering and maintenance. Plantings shall not impair the integrity of containment structures or the final cover.
(15) At and after closure, permanent disposal areas shall have drainage systems capable of transporting water from the water drainage layer away from the closed facility and capable of diverting surface runoff away from or around disposal areas, containment structures, leachate collection systems and monitoring facilities. Drainage systems shall be capable of preventing erosion of containment structures. Drainage system components themselves shall be lined or otherwise protected against erosion.
(16)(A) When closing a permanent disposal site, the owner or which the horizontal location and elevation of the cover and other containment features, monitoring facilities and drainage features can be determined throughout the entire postclosure care period. All survey work shall conform to accepted survey practices and be performed and certified by a licensed land surveyor or registered professional engineer licensed to practice surveying.
(B) The owner or operator shall submit a copy of the surveyor's notes used to establish the benchmarks described in this subsection in accordance with section 66264.116.
(17) The owner or operator shall provide in the closure plan predictions of the magnitude of the drops in elevation that will occur at various portions of the top surface of the final cover as a result of settling and subsidence. The prediction shall account for compression of material underlying the liner (or underlying the waste if there is no liner) and compression of the liner, waste, fill and cover. The prediction of the drop in elevation due to compression shall account for immediate settlement, primary consolidation, secondary consolidation and creep, liquefaction and dynamic consolidation due to earthquake loads.
(18) If the following information has not already been submitted to the Department and if dikes and hazardous waste will remain at the site after closure, the owner or operator shall provide in the closure plan proof that the dikes have sufficient structural integrity to withstand forces to which they can be exposed during and after closure, including the following:
(A) descriptions of topography and site conditions as required by section 66270.14(b)(18);
(B) depiction of the design layout, sections and details of the impoundment and its components, including cover, dike, liner, drainage and leak detection system;
(C) a description of, and the results of, stability analyses for the following conditions:
1. foundation soil bearing failure;
2. failure in the dike slopes; and
3. build-up of hydrostatic pressure due to failure of drainage system and cover, considering the potential for piping and erosion;
(D) strength and compressibility test results pertaining to the dike material;
(E) descriptions of dike construction and postclosure maintenance procedures with schedules and specifications;
(F) descriptions of subsurface soil conditions, groundwater levels, bedrock conditions and seismic setting of the site;
(G) discussion of the occurrence or nonoccurrence of the following factors and the significance of those factors to the integrity of the dikes:
1. frost, freezing, wind, rain, temperature variations, effects of vegetation and animals and activities of humans;
2. adversely oriented joints, slickensides or fissured material, faults, seams of soft materials and weak layers;
3. potential for liquefaction during earthquakes coincident with existence of saturated conditions due to failure of drainage system and cover;
(H) a certification by a professional engineer registered in California that the dikes have sufficient structural integrity to withstand forces to which they can be exposed during and after closure, based on analyses, tests and inspections that include the following:
1. a review of all the geologic, geotechnical, geohydrologic and other pertinent design, construction and service data;
2. a review of all climatic data, and special geologic events, such as earthquakes, which occurred during the entire period the impoundment was in service;
3. a field inspection to detect signs of settlement, subsidence, cracks, scouring, erosion, slides, holes, piping, seepage, sloughing, condition of vegetation, etc.; and
4. a determination if the original design was adequate and a review of possible changes in parameters used in the original design.
(19) The owner or operator shall include in the closure plan an explanation of how the cover, construction procedures and planned postclosure care are designed to accommodate or avoid the effects of differential settlement and consolidation without loss of integrity of the cover.
(f) Before installing the compacted barrier layer of the final cover the owner or operator shall accurately establish the correlation between the desired permeability and the density at which that permeability is achieved. To accomplish this the owner or operator shall:
(1) provide a representative foundation area for a test compacted barrier layer having drainage conditions representative of the closed facility under the compacted barrier layer;
(2) install a compacted barrier layer over that test area that has the depth and materials of construction that the compacted barrier layer for the entire landfill is planned to have, and that is compacted in the manner planned for the compacted barrier layer for the entire landfill;
(3) undertake permeability tests in the test area saturated conditions that represent the maximum hydraulic could be exerted on the compacted barrier layer of the final cover. A sufficient number of tests shall be run to verify the results. A permeability test shall commence after the test apparatus has run for a time long enough to allow the required daily rate of replenishment water to maintain constant head or to follow an asymptotic or constant trend. The rate of evaporation from the test equipment used to determine permeability shall be established;
(4) undertake a sufficient number of tests in the test area to determine the average density at which permeability complying with subsection (e)(5) of this section is obtained.
(g) The owner or operator shall comply with the following when installing the compacted barrier layer of the final cover.
(1) In each day in which final cover material is compacted, the owner or operator shall establish a grid on the upper surface of each layer compacted that day and randomly conduct density tests. A sufficient number of tests shall be conducted to confirm the effectiveness and uniformity of the compaction.
(2) If the Department indicates areas where compaction tests will be needed, the owner or operator shall undertake such tests in those areas.
(3) If the average of the values of compaction from the tests is lower than the average density pursuant to subsection (f)(4) of this section, the entire layer installed on the day represented by the tests shall be removed and replaced with another layer compacted so that compaction tests taken indicate a density higher than the average density determined pursuant to subsection (f)(4) of this section.
(4) An independent, qualified person registered in California as a professional engineer or certified in California as an engineering geologist shall supervise the undertaking of all tests for permeability and percent compaction, shall supervise the construction of the final cover and shall prepare a report to be submitted to the Department which bears his or her signature and the date of the signature, and describes the results of all tests and indicates whether or not the cover, as installed, complies with the requirements of this chapter.
(5) Before starting compaction of earthen material to form the compacted barrier layer of the cover, the owner or operator shall submit to the Department the results of the following determinations, on material to be used for the compacted barrier layer of the final cover:
(A) percent fines;
(B) plastic limit, liquid limit, plasticity index and shrinkage factors;
(C) soil classification;
(D) carbon content;
(E) concentration of soluble salts in soil pore water.
(h) All slopes shall be designed and constructed to minimize the potential for failure. Any slope failure occurring within the site shall be promptly stabilized and the Department and the appropriate regional board shall be notified immediately by the owner or operator of such failure and the methods taken for stabilization.
(i) Adequate facilities shall be provided to ensure for a 100 year period that no leachate shall be discharged to surface waters or groundwater, except as authorized by the hazardous waste facility permit.
(j) Hazardous waste and discarded hazardous material contained in the closed facility shall be protected from washout and erosion as the result of tides or floods having a predicted frequency of once in 100 years.
(k) An inspection and monitoring program shall be established at every closed disposal area wherein an independent, qualified engineer registered in California shall annually evaluate and document the condition of all surface improvements, drainage facilities, erosion control facilities, vegetative cover, gas control facilities and monitoring facilities. This program shall also document the presence of any water or leachate flowing from the disposal area. The engineer shall evaluate the following and the effects of the following:
(1) condition of access control (fences and gates),
(2) condition of vegetation,
(3) erosion,
(4) cracking,
(5) disturbance by cold weather,
(6) seepage,
(7) slope stability,
(8) subsidence,
(9) settlement,
(10) monitoring the leak detection system, if there is one,
(11) operation of the leachate collection and removal system,
(12) monitoring the groundwater monitoring system,
(13) condition of run-on and run-off control systems, and
(14) condition of surveyed benchmarks.
The program shall be continued by the owner or operator of the disposal area throughout the postclosure care period. A copy of the annual report containing the above-cited observations shall be filed in a timely manner with the Department and the appropriate regional board.
(l) [Reserved]
(m) All constructed features which will remain at permanent disposal areas containing hazardous waste material shall be able to withstand the maximum credible earthquake without significant damage to foundations, structures, waste containment features and features which control leachate, surface drainage, erosion and gas.
(n) (Reserved)
(o) If monitoring equipment or other features which are required to be operable after closure of the facility pursuant to this chapter are rendered inoperable, the owner or operator shall render it operable or replace it with operable equipment or other features.
(p) Postclosure care which the owner or operator shall provide for shall include the conducting of surveys by a licensed land surveyor, to determine the horizontal location and elevation of the cover and other containment features, monitoring facilities and drainage features, and markers installed at the site pursuant to subsection (e)(16) of this section. Such surveys shall be taken annually.
(q) The owner or operator shall reconstruct the closed facility to restore slopes and other conditions to conform to the requirements of this chapter when movement at the site has caused them not to comply with such requirements.
(r) The owner or operator shall submit annual reports to the Department describing measures undertaken at the site during the postclosure maintenance period.
 
  Note: Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.228. 
  
 



s 66264.229. Special Requirements for Ignitable or Reactive Waste .
Ignitable or reactive waste shall not be placed in a surface impoundment unless the waste and impoundment satisfy all applicable requirements of chapter 18 of this division, and:
(a) the waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and
(2) section 66264.17(b) is complied with; or
(b) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react; or
(c) the surface impoundment is used solely for emergencies.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.229. 
  
 



s 66264.230. Special Requirements for Incompatible Wastes.
Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this chapter for examples) shall not be placed in the same surface impoundment, unless section 66264.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.230. 
  
 



s 66264.231. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.
 (a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 shall not be placed in a surface impoundment unless the owner or operator operates the surface impoundment in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this chapter. The factors to be considered are:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.
(b) The Department shall impose additional design, operating, and monitoring requirements for surface impoundments managing hazardous wastes F020, F021, F022, F023, F026, and F027 if necessary to re duce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.231. 
  
 



s 66264.232. Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of Articles 28 and 28.5 this Chapter.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 264.232.

 



s 66264.250. Applicability.
 (a) The regulations in this article apply to owners and operators of facilities that store or treat hazardous waste in piles, except as section 66264.1 provides otherwise.
(b) The regulations in this article do not apply to owners or operators of waste piles that are part of a permitted facility and are closed with wastes left in place. Such waste piles are subject to regulation under article 14 of this chapter (Landfills).
(c) The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not subject to regulation under section 66264.251 or under article 6 of this chapter, provided that:
(1) liquids or materials containing free liquids are not placed in the pile;
(2) the pile is protected from surface water run-on by the structure or in some other manner;
(3) the pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting; and
(4) the pile will not generate leachate through decomposition or other reactions.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.250. 
  
 



s 66264.251. Design and Operating Requirements.
 (a) A waste pile (except for an existing portion of a waste pile) shall have:
(1) a liner that is designed, constructed, and installed to prevent any migration of wastes out of the pile into the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the waste pile. The liner may be constructed of materials that may allow waste to migrate into the liner itself (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility. The liner shall be:
(A) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
(B) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and
(C) installed to cover all surrounding earth likely to be in contact with the waste or leachate; and
(2) a leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the pile. The Department shall specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system shall be:
(A) constructed of materials that are:
1. chemically resistant to the waste managed in the pile and the leachate expected to be generated; and
2. of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying wastes, waste cover materials, and by any equipment used at the pile; and
(B) designed and operated to function without clogging through the scheduled closure of the waste pile.
(b) If the liner is constructed of material that allows waste to migrate into the liner, it shall be designed and constructed in accordance with provisions of section 66264.221(d).
(c) The owner or operator of each new waste pile unit on which construction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each replacement of an existing waste pile unit that is to commence reuse after July 29, 1992 shall install two or more liners and a leachate collection and removal system above and between such liners. The requirements of this subsection shall not apply to waste pile units receiving only non-RCRA hazardous waste until February 18, 1996. "Construction commences" is as defined in section 66260.10 under "existing facility".
(1)(A) The liner system shall include:
1. A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into such liner during the active life and post-closure care period; and
2. A composite bottom liner, consisting of at least two components. The upper component shall be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and post-closure care period. The lower component shall be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component shall be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1x10<<super>>-7 cm/sec.
(B) The liners shall comply with subsections (a)(1)(A), (B), and (C) of this section.
(2) The leachate collection and removal system immediately above the top liner shall be designed, constructed, operated, and maintained to collect and remove leachate from the waste pile during the active life and post-closure care period. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 1 foot (30 cm). The leachate collection and removal system shall comply with subsections (c)(3)(C) and (D) of this section.
(3) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system shall be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this subsection are satisfied by installation of a system that is, at a minimum:
(A) Constructed with a bottom  slope of one percent or more;
(B) Constructed of granular drainage materials with a hydraulic conductivity of 1x10<<super>>-2 cm/sec or more and a thickness of 1 foot (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3x10<<super>>-5 m<<super>>2 /sec or more. In cases where the leak detection system is composed of coarse granular material, there shall be a suitable interface (e.g., geotextile) between the leak detection system and any flexible membrane liner, as needed to prevent the coarse grains from causing a puncture in the flexible membrane liner under the high stress conditions caused by the overlying waste;
(C) Constructed of materials that are chemically resistant to the waste managed in the waste pile and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and equipment used at the waste pile;
(D) Designed and operated to minimize clogging during the active life and post-closure care period; and
(E) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit shall have its own sump(s). The design of each sump and removal system shall provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.
(4) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.
(5) The liner system shall be designed, constructed and operated to ensure that leak detection system shall be a minimum of 5 feet above the highest anticipated elevation of groundwater.
(d) The collection and removal system shall conform to section 66264.221(e).
(e) The owner or operator will be exempted from the requirements of subsection  (a) of this section, if the Department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:
(1) the nature and quantity of the wastes;
(2) the proposed alternate design and operation;
(3) the hydrogeologic setting of the facility, including alternative capacity and thickness of the liners and soils present between the pile and ground water or surface water;
(4) all other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water; and
(5) the potential for lateral migration of hazardous constituents which could present a threat to public health or the environment.
(f) The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the portion of the pile during peak discharge from at least a 25-year storm.
(g) The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
(h) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(i) If the pile contains any particulate matter which may be subject to wind dispersal, the owner or operator shall cover or otherwise manage the pile to control wind dispersal.
(j) The Department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
(k) If the Department determines that monitoring in the normally unsaturated zone as required pursuant to article 6 of this chapter is impracticable, the Department shall require the following when a waste pile is established:
(1) the pile shall be underlain by two liners which are designed and constructed in a manner that prevents the migration of liquids into or out of the space between the liners. Both liners shall meet all the specifications of subsection (a)(1) of this section;
(2) a leak detection system shall be designed, constructed, maintained and operated between the liners to detect any migration of liquids into the space between the liners;
(3) the pile shall have a leachate collection and removal system above the top liner that is designed, constructed, maintained and operated in accordance with subsection (a)(2) of this section.
(l) The Department may approve alternative design or operating practices to those specified in subsection (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:
(1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in subsection (c) of this section; and
(2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(m) Subsection (c) of this section does not apply to monofills that are granted a waiver by the Department in accordance with section 66264.221(g).
(n) The owner or operator of any replacement waste pile unit is exempt from subsection (c) of this section if:
(1) The existing unit was constructed in compliance with the design standards of 42 USC section 6924(o)(1)(A)(i) and 42 USC section 6924(o)(5); and
(2) There is reason to believe that the liner is functioning as designed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.251. 
  
 



s 66264.252. Action Leakage Rate.
 (a) The Department shall approve an action leakage rate for waste pile units subject to section 66264.251(c) or (l). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any given portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly flow rate from the monitoring data obtained under section 66264.254(c), to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.252. 
  
 



s 66264.253. Response Actions.
 (a) The owner or operator of waste pile units subject to section 66264.251(c) or (l) shall have an approved response action plan before receipt of waste. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3),  (4), and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.253. 
  
 



s 66264.254. Monitoring and Inspection.
 (a) During construction or installation, liners (except as exempted from section 66264.251(a)) and cover systems (e.g., membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:
(1) synthetic liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and
(2) soil-based and admixed liners and covers shall be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a waste pile is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:
(1) deterioration, malfunctions, or improper operation of run-on and run-off control systems;
(2) proper functioning of wind dispersal control systems, where present; and
(3) the presence of liquids in leak detection systems, where installed to comply with section 66264.251(k);
(4) the presence of leachate in and proper functioning of leachate collection and removal systems, where present.
(c) An owner or operator required to have a leak detection system under section 66264.251(c) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66264.256. Special Requirements for Ignitable or Reactive Waste.
Ignitable or reactive waste shall not be placed in a waste pile unless: the waste and waste pile satisfy all applicable requirements of chapter 18 of this division, and:
(a) the waste is treated, rendered, or mixed before or immediately after placement in the pile so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and
(2) section 66264.17(b) is complied with; or
(b) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.256. 
  
 



s 66264.257. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this part for examples) shall not be placed in the same pile, unless section 66264.17(b) is complied with.
(b) A pile of hazardous waste that is incompatible with any waste or other material stored nearby in containers, other piles, open tanks, or surface impoundments shall be separated from the other materials, or protected from them by means of a dike, berm, wall, or other device.
(c) Hazardous waste shall not be piled on the same base where incompatible wastes or materials were previously piled, unless the base has been decontaminated sufficiently to ensure compliance with section 66264.17(b).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.257. 
  
 



s 66264.258. Closure and Post-Closure Care.
 (a) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 66261.3(d) applies.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subsection (a) of this section, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (section 66264.310).
(c)(1) The owner or operator of a waste pile shall:
(A) include in the closure plan for the pile under section 66264.112 both a plan for complying with subsection (a) of this section and a contingent plan for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure; and
(B) prepare a contingent post-closure plan under section 66264.118 for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure.
(2) The cost estimates calculated under sections 66264.142 and 66264.144 for closure and post-closure care of a pile subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent post-closure plan.
 
  Note:    Authority cited: Sections 208, 25150, 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; 40 CFR Section 264.258. 
  
 



s 66264.259. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.
 (a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 shall not be placed in waste piles unless the owner or operator operates the waste pile in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this chapter. The factors to be considered are:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.
(b) The Department shall impose additional design, operating, and monitoring requirements for piles managing hazardous wastes F020, F021, F022, F023, F026, and, F027 if necessary to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.259. 
  
 



s 66264.270. Applicability.
The regulations in this article apply to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units, except as section 66264.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.270. 
  
 



s 66264.271. Treatment Program.
 (a) An owner or operator of a facility subject to this article shall establish a land treatment program that is designed to ensure that hazardous constituents placed in or on the treatment zone are degraded, transformed, or immobilized within the treatment zone. The Department will specify in the facility permit the elements of the treatment program, including:
(1) the wastes that are capable of being treated at the unit based on a demonstration under section 66264.272;
(2) design measures and operating practices necessary to maximize the success of degradation, transformation, and immobilization processes in the treatment zone in accordance with section 66264.273(a); and
(3) vadose zone monitoring provisions meeting the requirements of section 66264.278.
(b) The Department will specify in the facility permit the constituents of concern that shall be degraded, transformed, or immobilized under this article.
(c) The Department will specify the vertical and horizontal dimensions of the treatment zone in the facility permit. The treatment zone is the portion of the vadose zone below and including the land surface in which the owner or operator intends to maintain the conditions necessary for effective degradation, transformation, or immobilization of hazardous constituents. The maximum depth of the treatment zone shall be:
(1) no more than 1.5 meters (5 feet) from the initial soil surface; and
(2) more than 1.5 meters (5 feet) above the highest anticipated elevation of the water table.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25209.1, Health and Safety Code; 40 CFR Section 264.271. 
  
 



s 66264.272. Treatment Demonstration.
 (a) For each waste that will be applied to the treatment zone, the owner or operator shall demonstrate, prior to application of the waste, that constituents of concern in the waste can be completely degraded, transformed, or immobilized in the treatment zone.
(b) In making this demonstration, the owner or operator may use field tests, laboratory analyses, available data, or, in the case of existing units, operating data. If the owner or operator intends to conduct field tests or laboratory analyses in order to make the demonstration required under subsection (a) of this section, the owner or operator shall obtain a treatment or disposal permit under section 66270.63. The Department shall specify in this permit the testing, analytical, design, and operating requirements (including the duration of the tests and analyses, and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone, monitoring procedures, closure and clean-up activities) necessary to meet the requirements in subsection (c) of this section.
(c) Any field test or laboratory analysis conducted in order to make a demonstration under subsection (a) of this section shall:
(1) accurately simulate the characteristics and operating conditions for the proposed land treatment unit including:
(A) the characteristics of the waste (including the presence of constituents listed in Appendix VIII of chapter 11);
(B) the climate in the area;
(C) the topography of the surrounding area;
(D) the characteristics of the soil in the treatment zone (including depth); and
(E) the operating practices to be used at the unit;
(2) be likely to show that constituents of concern in the waste to be tested will be completely degraded, transformed, or immobilized in the treatment zone of the proposed land treatment unit; and
(3) be conducted in a manner that protects human health and the environment considering:
(A) the characteristics of the waste to be tested;
(B) the operating and monitoring measures taken during the course of the test;
(C) the duration of the test;
(D) the volume of waste used in the test;
(E) in the case of field tests, the potential for migration of constituents of concern to ground water or surface water.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.272. 
  
 



s 66264.273. Design and Operating Requirements.
The Department will specify in the facility permit how the owner or operator will design, construct, operate and maintain the land treatment unit in compliance with this section.
(a) The owner or operator shall design, construct, operate and maintain the unit to maximize the degradation, transformation and immobilization of constituents of concern in the treatment zone. The owner or operator shall design, construct, operate and maintain the unit in accord with all design and operating conditions that were used in the treatment demonstration under section 66264.272. At a minimum, the Department will specify the following in the facility permit:
(1) the rate and method of waste application to the treatment zone;
(2) measures to control soil pH;
(3) measures to enhance microbial or chemical reactions (e.g., fertilization, tilling); and
(4) measures to control the moisture content of the treatment zone.
(b) The owner or operator shall design, construct, operate and maintain the treatment zone to prevent run-off of constituents of concern during the active life of the land treatment unit.
(c) The owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the treatment zone during peak discharge from at least a 25-year storm.
(d) The owner or operator shall design, construct, operate and maintain a run-off management system to collect, control and properly manage at least the water volume resulting from a 24-hour, 25-year storm.
(e) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain the design capacity of the system.
(f) If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator shall manage the unit to control wind dispersal.
(g) The owner or operator shall inspect the unit weekly and after storms to detect evidence of:
(1) deterioration, malfunctions or improper operation of run-on and run-off control systems; and
(2) improper functioning of wind dispersal control measures.
(h) The growth of food-chain crops in or on the treatment zone is prohibited.
(i) The owner or operator shall manage the unit to keep the release of airborne contaminants below nuisance levels or other levels necessary to protect human health or the environment.
(j)(1) Unless granted a variance pursuant to subsection (j)(2) of this section, or exempted pursuant to subsection ( l) of this section, every new land treatment unit at a new or existing facility, every land treatment unit which replaces an existing land treatment unit, and every laterally expanded portion of an existing land treatment unit is required to be equipped with two or more liners and a leachate collection system meeting the requirements established in section 66264.301(c) for new landfills.
(2) The Department shall grant a variance from the requirements of subsection  (j)(1) or subsection (k) of this section if the owner or operator demonstrates to the Department and the Department finds all of the following:
(A) the land treatment unit was an existing land treatment unit as of January 1, 1988, and no hazardous constituents identified in Appendix VIII to chapter 11 of this division have migrated from the treatment zone of the land treatment unit into the vadose zone or into the waters of the State, and no other hazardous constituents have migrated from the land treatment unit into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or the waters of the State. In making this demonstration the owner or operator shall take a sufficient number of core samples in, beneath and surrounding the treatment zone of the land treatment unit to characterize the chemical constituents in the.treatment zone, in the immediate area of the vadose zone surrounding the treatment zone, and in the area of the vadose zone beneath the treatment zone and shall submit groundwater monitoring data sufficient in scope to demonstrate that there has been no migration of hazardous constituents in the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the waters of the State. The owner or operator, as an alternative to taking these core samples, may use the data obtained from any land treatment demonstration required by the department pursuant to section 66264.272 if the data were obtained not more than two years prior to the application for the variance and were sufficient in scope to demonstrate that there has been no migration of hazardous constituents into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or waters of the State.
(B) Notwithstanding the date that the land treatment unit commenced operations, the design and operating practices will prevent the migration of hazardous constituents identified in Appendix VIII to chapter 11 of this division from the treatment zone of the land treatment unit into the vadose zone or into the waters of the State, and no other hazardous constituents have migrated from the land treatment unit into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or the waters of the State.
(C) Notwithstanding the date that the land treatment unit commenced operations, the design and operating practices provide for rapid detection and removal or remediation of any hazardous consistuents that migrate from the treatment zone of the land treatment unit into the vadose zone or the waters of the State in concentrations that pollute or threaten to pollute the vadose zone or the waters of the State.
(3)(A) The Department shall renew a variance only in those cases where an owner or operator demonstrates to the Department and the Department finds, both of the following:
1. no hazardous constituents have migrated from the treatment zone of the land treatment unit into the vadose zone or into the waters of the State concentrations which pollute or threaten to pollute the vadose zone or the waters of the State;
2. continuing the operation of the land treatment unit does not pose a significant threat of hazardous constituents migrating from the land treatment unit into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or the waters of the State.
(B) In making the demonstration for the renewal of a variance pursuant to this subsection, the owner or operator may use field tests, laboratory analysis or operating data.
(4) A variance or a renewal of a variance may be issued for a period not to exceed three years.
(5) Neither the requirements of this section nor the variance provisions of subsection (j)(2) shall relieve the owner or operator from responsibility to comply with all other existing laws and regulations pertinent to land treatment units.
(k) Unless granted a variance pursuant to subsection (j)(2) or exempted under subsection ( l) of this section, after January 1, 1990, no person shall discharge hazardous waste into a land treatment unit which has not been equipped with liners and a leachate collection and removal system which satisfy the requirements of subsection (j)(1) of this section.
( l) Land treatment of soil contaminated only with non-RCRA hazardous waste which has been excavated as part of a removal or remedial action at any hazardous substance release site is exempt from the requirements of subsection (j) of this section if all of the following apply:
(1) the Department determines that the land treatment does not pose a threat to public health or safety or the environment;
(2) the land treatment is conducted pursuant to a plan approved by the Department or a cleanup and abatement order issued by a regional water quality control board;
(3) the land treatment is not conducted at an offsite commercial facility;
(4) the land treatment is used only for purposes of removal or remedial action and, upon completion of the land treatment portion of the removal or remedial action, the land treatment unit is closed.
(m) For purposes of this section, the terms "removal," "remedial action,"  "hazardous substance" and "release" shall be defined in accordance with article 2 (commencing with section 25310) of chapter 6.8 division 20 of the Health and Safety Code.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25209.2, 25209.3 and 25209.5, Health and Safety Code; 40 CFR Section 264.273. 
  
 



s 66264.278. Vadose Zone Monitoring and Response.
In addition to the water quality monitoring and response requirements of article 6 and the environmental monitoring requirements of article 17 of this chapter, an owner or operator subject to this article shall establish a vadose zone monitoring program to discharge the following responsibilities.
(a) The owner or operator shall monitor the soil and soil-pore liquid to determine whether constituents of concern migrate out of the treatment zone.
(1) The Department will specify the constituents of concern to be monitored in the facility permit. The constituents of concern to be monitored are those specified under section 66264.271(b).
(2) The Department may require monitoring for principal constituents of concern in lieu of the constituents specified under section 66264.271(b). Principal constituents of concern are the constituents contained in the wastes to be applied at the unit that are the most difficult to treat, considering the combined effects of degradation, transformation, and immobilization. The Department may establish principal constituents of concern if it finds, based on waste analyses, treatment demonstrations, or other data, that effective degradation, transformation, or immobilization of the constituent will assure treatment at at least equivalent levels for the other constituents of concern in the wastes.
(b) The owner or operator shall install a vadose zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring using devices such as lysimeters. The vadose zone monitoring system shall consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:
(1) represent the quality of background soil-pore liquid quality and the chemical make-up of soil that has not been affected by leakage from the treatment zone; and
(2) indicate the quality of soil-pore liquid and the chemical make-up of the soil below the treatment zone.
(c) The owner or operator shall establish a background concentration for each constituent of concern to be monitored under subsection (a) of this section. The permit will specify the background concentrations for each constituent or specify the procedures to be used to calculate the background concentrations.
(1) Background soil concentrations may be based on a one-time sampling at a background plot having characteristics similar to those of the treatment zone.
(2) Background soil-pore liquid concentrations shall be based on at least quarterly sampling for one year at a background plot having characteristics similar to those of the treatment zone.
(3) The owner or operator shall express all background concentrations in a form necessary for the determination of statistically significant increases under subsection (f) of this section.
(4) In taking samples used in the determination of all background concentrations, the owner. or operator shall use a vadose zone monitoring system that complies with subsection (b)(1) of this section.
(d) The owner or operator shall conduct soil monitoring and soil-pore liquid monitoring immediately below the treatment zone. The Department will specify the frequency and timing of soil and soil-pore liquid monitoring in the facility permit after considering the water quality monitoring requirements of article 6 of this chapter, the frequency, timing, and rate of waste application, and the soil permeability. The owner or operator shall express the results of soil and soil-pore liquid monitoring in a form necessary for the determination of statistically significant increases under subsection (f) of this section.
(e) The owner or operator shall use consistent sampling and analysis procedures that are designed to ensure sampling results that provide a reliable indication of soil-pore liquid quality and the chemical make-up of the soil below the treatment zone. At a minimum, the owner or operator must implement procedures and techniques for:
(1) sample collection;
(2) sample preservation and shipment;
(3) analytical procedures; and
(4) chain of custody control.
(f) The owner or operator shall determine whether there is a statistically significant change over background values concentrations for each constituent of concern to be monitored under subsection (a) of this section below the treatment zone each time the owner or operator conducts soil monitoring and soil-pore liquid monitoring under subsection (d) of this section.
(1) In determining whether a statistically significant increase has occurred, the owner or operator shall compare the value concentration of each constituent, as determined under subsection (d) of this section, to the background concentration for that constituent according to the statistical procedure specified in the facility permit under this subsection.
(2) The owner or operator shall determine whether there has been a statistically significant increase below the treatment zone within a reasonable time period after completion of sampling. The Department will specify that time period in the facility permit after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of soil and soil-pore liquid samples.
(3) The owner or operator shall determine whether there is a statistically significant increase below the treatment zone using a statistical procedure that provides reasonable confidence that migration from the treatment zone will be identified. The Department will specify a statistical procedure in the facility permit that it finds:
(A) is appropriate for the distribution of the data used to establish background concentrations; and
(B) provides a reasonable balance between the probability of falsely identifying migration from the treatment zone and the probability of failing to identify real migration from the treatment zone.
(g) Except as provided in section 66264.273(1), no person shall place or dispose of hazardous waste in a land treatment unit if any of the following conditions exist:
(1) hazardous constituents have migrated from the land treatment unit into the vadose zone beneath or surrounding the treatment zone or into the waters beneath or surrounding the treatment zone;
(2) there is evidence that a hazardous constituent in the waste discharged to the land treatment unit has not been or will not be completely degraded, transformed or immobilized in the treatment zone;
(3) there is a significant potential for hazardous constituents to migrate from the land treatment unit into a potential source of drinking water.
(h) The owner or operator shall periodically, at the request of the Department, and at least annually, submit information required by the Department to assure that the conditions set forth in subsections (g)(1) and (g)(2) of this section are not present. The information shall include, but is not limited to the results of soil and soil-pore liquid monitoring conducted under subsection (d) of this section.
(i) If the owner or operator determines pursuant to subsection (f) of this section, that there has been a statistically significant increase in the concentration of a hazardous constituent below the treatment zone, or that either of the conditions set forth in subsections (g)(1) or (g)(2) of this section are detected and confirmed, or that conditions exist that render the owner or operator unable to continue to satisfy the variance requirements of section 66264.273(j)(2), the owner or operator shall, within 72 hours, report to the Department describing the full extent of the owner's or operator's findings, including the identification of all constituents which have shown a statistically significant increase.
(j) Upon receiving notice pursuant to subsection (i) of this section, or upon independent confirmation by the Department, the Department shall order the owner or operator to cease operating the land treatment unit. The owner or operator shall not resume operating the land treatment unit and shall close the land treatment unit unless one of the following actions is taken:
(1) the owner or operator completes appropriate removal or remedial actions to the satisfaction of the Department, and the owner or operator submits to the Department, and the Department approves, an application for a permit or a variance modification to modify the operating practices at the facility to maximize the success of degradation, immobilization, or transformation processes in the treatment zone; or
(2) the owner or operator completes appropriate removal or remedial actions, submits to the Department, and the Department approves, an application for a permit or a variance modification to modify the operating practices at the facility to maximize the success of degradation, immobilization, or transformation processes in the treatment zone, and equips the land treatment unit with liners and a leachate collection and removal system that satisfy the requirements of section 66264.273(j)(1).
(k) All actions taken by an owner or operator pursuant to subsections (j)(1) or (j)(2) of this section shall be completed within a time period specified by the Department, which shall not exceed 18 months after the Department receives notice pursuant to subsection (i) of this section. If the actions are not completed within this time period, the land treatment unit shall be closed, unless granted an extension by the Department due to exceptional circumstances beyond the control of the owner and operator.
( l) If the owner or operator determines, pursuant to subsection (f) of this section, that there is a statistically significant increase of hazardous constituents below the treatment zone, the owner or operator may demonstrate that a source other than the land treatment unit caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. While the owner or operator may make a demonstration under this subsection in addition to, or in lieu of the requirements under subsections (j)(1) or (j)(2) of this section, the owner or operator is not relieved of the requirements of subsections (j) and (k) of this section unless the demonstration made under this subsection successfully shows that a source other than the land treatment unit caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration under this subsection, the owner or operator shall:
(1) notify the Department in writing within seven days of determining a statistically significant increase below the treatment zone that the owner or operator intends to make a determination under this subsection;
(2) within 90 days, submit a report to the Department demonstrating that a source other than the regulated units caused the increase or that the increase resulted from error in sampling, analysis, or evaluation;
(3) within 90 days, submit to the Department an application for a permit modification to make any appropriate changes to the vadose zone monitoring program at the facility; and
(4) continue to monitor in accordance with the vadose zone monitoring program established under this section.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25209.4, Health and Safety Code; 40 CFR Section 264.278. 
  
 



s 66264.279. Recordkeeping.
The owner or operator shall include hazardous waste application dates and rates in the operating record required under section 66264.73.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.279. 
  
 



s 66264.280. Closure and Post-Closure Care.
 (a) During the closure period the owner or operator shall:
(1) continue all operations (including pH control) necessary to maximize degradation, transformation, or immobilization of constituents of concern within the treatment zone as required under section 66264.273(a), except to the extent such measures are inconsistent with subsection (a)(7) of this section;
(2) continue all operations in the treatment zone to prevent run-off of constituents of concern as required under section 66264.273(b);
(3) maintain the run-on control system required under section 66264.273(c);
(4) maintain the run-off management system required under section 66264.273(d);
(5) control wind dispersal of hazardous waste if required under section 264.273(f);
(6) continue vadose zone monitoring in compliance with section 66264.278, except that soil-pore liquid monitoring may be terminated after the waste added to the treatment zone has been shown to the satisfaction of the Department to have been completely degraded, immobilized or transformed, but in no event can monitoring be discontinued in less than 90 the last application of waste to the treatment zone; and
(7) control of the release of airborne contaminants to below hazardous or nuisance levels or other levels as necessary to protect human health or the environment;
(8) establish a vegetative cover on the portion of the facility being closed at such time that the cover will not substantially impede degradation, transformation, or immobilization of constituents of concern in the treatment zone. The vegetative cover shall be capable of maintaining growth without extensive maintenance.
(b) For the purpose of complying with section 66264.115, when closure is completed the owner or operator may submit to the Department certification by an independent qualified soil scientist or an independent, California Certified Engineering Geologist in lieu of an independent California registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan.
(c) During the post-closure care period the owner or operator shall:
(1) continue all operations (including pH control) necessary to enhance degradation and transformation and sustain immobilization of constituents of concern in the treatment zone to the extent that such measures are consistent with other post-closure care activities;
(2) maintain a vegetative cover over closed portions of the facility;
(3) maintain run-on control system required under section 66264.273(c);
(4) maintain the run-off management system required under section 66264.273(d);
(5) control wind dispersal of hazardous waste if required under section 66264.273(f);
(6) continue vadose zone monitoring in compliance with section 66264.278 and section 66264.280(a)(6); and
(7) control of the release of airborne contaminants to below hazardous or nuisance levels or other levels as necessary to protect human health or the environment.
(d) The owner or operator is not subject to regulation under subsections (a)(7) and (c) of this section if the Department finds that the level of constituents of concern in the treatment zone soil does not exceed the background value of those constituents by an amount that is statistically significant when using the test specified in subsection (d)(3) of this section and that the waste in the treatment zone has been shown to the satisfaction of the Department to have been completely degraded, transformed or immobilized. The owner or operator may submit such a demonstration to the Department at any time during the closure or post-closure care periods. For the purposes of this subsection:
(1) the owner or operator shall establish background soil values and determine whether there is a statistically significant increase over those values for all constituents of concern specified in the facility permit under section 66264.271(b);
(A) background soil concentrations may be based on a one-time sampling of a background plot having characteristics similar to those of the treatment zone where soil has not been contacted by constituents of waste;
(B) the owner or operator shall express background values and values for constituents of concern in the treatment zone in a form necessary for the determination of statistically significant increases under subsection (d)(3) of this section;
(2) in taking samples used in the determination of background and treatment zone concentrations, the owner or operator shall take samples at a sufficient number of sampling points and at appropriate locations and depths to yield samples that represent the chemical make-up of soil that has not been affected by leakage from the treatment zone and the soil within the treatment zone, respectively;
(3) in determining whether a statistically significant increase has occurred, the owner or operator shall compare the concentration of each constituent in the treatment zone to the background concentration for that constituent using a statistical procedure that provides reasonable confidence that constituent presence in the treatment zone will be identified. The owner or operator shall use a statistical procedure that:
(A) is appropriate for the distribution of the data used to establish background concentrations; and
(B) provides a reasonable balance between the probability of falsely identifying a statistically significant increase for a constituent of concern in the treatment zone and the probability of failing to identify a statistically significant increase in the treatment zone.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; 40 CFR Section 264.280. 
  
 



s 66264.281. Special Requirements for Ignitable or Reactive Waste .
The owner or operator shall not apply ignitable or reactive waste to the treatment zone unless the waste and the treatment zone meet all applicable requirements of chapter 18 of this division, and:
(a) the waste is immediately incorporated into the soil so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and
(2) section 66264.17(b) is complied with; or
(b) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.281. 
  
 



s 66264.282. Special Requirements for Incompatible Wastes.
The owner or operator shall not place incompatible wastes, or incompatible wastes and materials (see Appendix V of this part for examples), in or on the same treatment zone, unless section 66264.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.282. 
  
 



s 66264.283. Special Requirements Hazardous Wastes F020, F021, F022, F023, F026, and F027.
 (a) Hazardous Wastes F020, F021, F022, F023, F026 and, F027 shall not be placed in a land treatment unit unless the owner or operator operates the facility in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this chapter. The factors to be considered are:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.
(b) The Department shall impose additional design, operating, and monitoring requirements for land treatment facilities managing hazardous wastes F020, F021, F022, F023, F026, and F027 if necessary to reduce the possibility of migration of these wastes to ground water, surface outside of the treatment zone, or air so as to protect human health and the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.283. 
  
 



s 66264.300. Applicability.
The regulations in this article apply to owners and operators of facilities that dispose of hazardous waste in landfills, except as section 66264.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.300. 
  
 



s 66264.301. Design and Operating Requirements.
 (a) Any landfill that is not covered by subsection (c) of this section or 66265.301(a) of this chapter shall have a liner system for all portions of the landfill (except for existing portions). The liner system shall have:
(1) a liner that is designed, constructed, and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at anytime during the active life (including the closure period) and during post-closure care period of the landfill. The liner shall be constructed of materials that prevent wastes from passing into the liner during the active life of the facility. The liner shall be:
(A) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
(B) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and
(C) installed to cover all surrounding earth likely to be in contact with the waste or leachate; and
(2) a leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the landfill. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system shall be:
(A) constructed of materials that are:
1. chemically resistant to the waste managed in the landfill and the leachate expected to be generated; and
2. of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the landfill; and
(B) designed and operated to function without clogging through the scheduled closure and post-closure period of the landfill.
(b) The owner or operator shall be exempted from the requirements of paragraph  (a) of this section if the Department finds, based on a demonstration by the owner or operator, that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents of concern (see section 66264.93) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:
(1) the nature and quantity of the wastes;
(2) the proposed alternative design and operation;
(3) the hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the landfill and ground water or surface water;
(4) all other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water; and
(5) the potential for lateral migration of hazardous constituents which could present a threat to public health or the environment;
(c) The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an existing landfill unit that is to commence reuse after July 29, 1992 shall install, two or more liners and a leachate collection and removal system above and between such liners. The requirements of this subsection shall not apply to landfill units receiving only non-RCRA hazardous waste until February 18, 1996. "Construction commences" is as defined in section 66260.10 of this chapter under "existing facility".
(1)(A) The liner system shall include:
1. A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into such liner during the active life and post-closure care period; and
2. A composite bottom liner, consisting of at least two components. The upper component shall be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and post-closure care period. The lower component shall be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component shall be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1x10 [FN-7]  cm/sec.
(B) The liners shall comply with subsections (a)(1)(A), (B), and (C) of this section.
(2) The leachate collection and removal system immediately above the top liner shall be designed, constructed, operated, and maintained to collect and remove leachate from the landfill during the active life and post-closure care period. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 1 foot (30 cm). The leachate collection and removal system shall comply with subsections (c)(3)(C) and (D) of this section.
(3) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system shall be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this subsection are satisfied by installation of a system that is, at a minimum:
(A) Constructed with a bottom  slope of one percent or more;
(B) Constructed of granular drainage materials with a hydraulic conductivity of 1x10 [FN-2]  cm/sec or more and a thickness of 1 foot (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3x10 [FN-5]  m [FN2]  /sec or more. In cases where the leak detection system is composed of coarse granular material, there shall be a suitable interface (e.g., geotextile) between the leak detection system and any flexible membrane liner, as needed to prevent the coarse grains from causing a puncture in the flexible membrane liner under the high stress conditions caused by the overlying waste;
(C) Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and equipment used at the landfill;
(D) Designed and operated to minimize clogging during the active life and post-closure care period; and
(E) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit shall have its own sump(s). The design of each sump and removal system shall provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.
(4) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.
(5) The liner system shall be designed, constructed and operated to ensure that leak detection system shall be a minimum of 5 feet above the highest anticipated elevation of groundwater.
(d) The Department may approve alternative design or operating practices to those specified in paragraph (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:
(1) Will prevent the migration of any hazardous constituent into the ground water at least as effectively as the liners and leachate collection and removal systems specified in paragraph (c) of this section; and
(2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(e) The double liner requirement set forth in subsection (c) of this section shall be waived by the Department for any monofill, if:
(1) the monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than exceeding the soluble threshold limit concentration as described in section 66261.24(a)(2) for non-RCRA hazardous wastes or the characteristic of toxicity as set forth in section 66261.24(a)(1) for wastes with hazardous wastes numbers D004 through D017 for RCRA hazardous wastes; and
(2)(A) 1. The monofill has at least one liner for which there is no evidence that such liner is leaking;
2. the monofill is located more than one-quarter mile from an underground source of drinking water as that term is defined in section 66260.10; and
3. the monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with hazardous waste facility permits; or
(B) the owner or operator demonstrates to the satisfaction of the Department, that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into ground water, surface water, or surrounding soils at any future time.
(f) The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.
(g) The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
(h) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(i) If the landfill contains any particulate matter which may be subject to wind dispersal, the owner or operator shall cover or otherwise manage the landfill to control wind dispersal.
(j) The Department shall specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
(k) The landfill shall be designed, constructed, operated and maintained to enable the facility to meet the closure and post-closure requirements of section 66264.310.
(l) The owner or operator of any replacement landfill unit is exempt from subsection (c) of this section if:
(1) The existing unit was constructed in compliance with the design standards of 42 USC section 6924(o)(1)(A)(i) and 42 USC section 6924(o)(5); and
(2) There is reason to believe that the liner is functioning as designed.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.301. 
  
 



s 66264.302. Action Leakage Rate.
 (a) The Department shall approve an action leakage rate for landfill units subject to section 66264.301(c) or (d). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any given portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under section 66264.303(c) to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and monthly during the post-closure care period when monthly monitoring is required under section 66264.303(c).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.302. 
  
 



s 66264.303. Monitoring and Inspection.
 (a) During construction or installation, liners (except in the case of existing portions of landfills exempt from 66264.301(a)) and cover systems (e.g., membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:
(1) synthetic liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and
(2) soil-based and admixed liners and covers shall be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a landfill is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:
(1) deterioration, malfunctions, or improper operation of run-on and run-off control systems;
(2) proper functioning of wind dispersal control systems, where present;
(3) the presence of liquids in leak detection systems; and
(4) the presence of leachate in and proper functioning of collection and removal systems, where present.
(c)(1) An owner or operator required to have a leak detection system under section 66264.301(c) or (d) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
(2) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
(3) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Department based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.303. 
  
 



s 66264.304. Response Actions.
 (a) The owner or operator of landfill units subject to section 66264.301(c) or (d) shall have an approved response action plan before receipt of waste. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3),  (4), and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.304. 
  
 



s 66264.309. Surveying and Recordkeeping.
The owner or operator of a landfill shall maintain the following items in the operating record required under section 66264.73:
(a) on a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks with horizontal and vertical controls; and
(b) the contents of each cell and the approximate location of each hazardous waste type within each cell.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.309. 
  
 



s 66264.310. Closure and Post-Closure Care.
 (a) At final closure of the landfill or upon closure of any cell, the owner or operator shall cover the landfill or cell with a final cover designed and constructed to:
(1) prevent the downward entry of water into the closed landfill throughout a period of at least 100 years;
(2) function with minimum maintenance;
(3) promote drainage and minimize erosion or abrasion of the cover;
(4) accommodate settling and subsidence so that the cover's integrity is maintained;
(5) accommodate lateral and vertical shear forces generated by the maximum credible earthquake so that the integrity of the cover is maintained;
(6) have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present; and
(7) conform to the provisions of subsections (e) through (r) of section 66264.228, except that the Department shall grant a variance from any requirement of subsections (e) through (r) which the owner or operator demonstrates to the satisfaction of the Department is not necessary to protect public health, water quality or other environmental quality.
(b) After final closure, the owner or operator must comply with all post-closure requirements contained in sections 66264.117 through 66264.120, including maintenance and monitoring throughout the post-closure care period specified in the permit under section 66264.117. The owner or operator must:
(1) maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;
(2) continue to operate the leachate collection and removal system until leachate is no longer detected;
(3) maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of article 6 of this chapter;
(4) prevent run-on and run-off from eroding or otherwise damaging the final cover;
(5) protect and maintain surveyed benchmarks used in complying with section 66264.309, and
(6) maintain and monitor the leak detection system in accordance with Sections 66264.301(c)(3)(D) and (c)(4) and 66264.303(c), and comply with all other applicable leak detection system requirements of this part;
(c) Unless the owner or operator can demonstrate to the satisfaction of the Department that significant amounts of toxic or flammable gas or vapor will not be emitted by waste and that no gas will be emitted that is capable of disrupting the cover or causing other property damage, the owner or operator shall provide a control system designed to prevent migration of gas. The control system shall be designed to collect gases that are emitted from the buried waste and convey gas or vapor to a flare, incinerator or treatment device that will render the gas or vapor harmless to public health or safety, or to a collection system that allows gas to be exported for use or treatment elsewhere. Any gas collection system used shall be designed to withstand pressures that may result from overburden weight of structures that may overlie the cover, and traffic that may occur.
(d) If gas or vapor that can be expected to be emitted from buried waste after closure would be flammable or toxic, the owner shall describe in the closure plan measures to render such gases or vapors harmless, or export gas from the site, for as many years as they would be emitted from the waste, and shall estimate the cost of such measures as part of the cost of closure and post-closure care of the facility. In that case, the closure plan shall provide a map showing:
(1) the number, spacing and locations of wells to be used for gas extraction;
(2) the location and spacing of piping. Also in that case, the closure plan shall describe the equipment and capability of equipment, to be provided to render gases or vapor harmless or export gas for use or treatment elsewhere. If pumping would be needed to assure that such gas is withdrawn at a rate sufficient to avoid hazardous accumulation of gas or vapor or uncontrolled migration of such gas or vapor or uncontrolled migration of such gas or vapor from the facility, the owner or operator shall describe measures to provide such pumping for as many years as such gas or vapor will be emitted from the waste, and shall estimate the cost of such measures as part of the cost of closure and post-closure care of the facility. The closure plan shall in that case describe the type of pump, volume of gas the pump can move per unit time, and the estimated distances from the pump from which gas can be extracted from the landfill. The owner or operator shall provide such measures as needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code; and 40 CFR Section 264.310. 
  
 



s 66264.312. Special Requirements for Ignitable or Reactive Waste.
 (a) Except as provided in section 66264.316, ignitable or reactive waste shall not be placed in a landfill, unless the waste and landfill meet all applicable requirements of chapter 18 of this division, and the waste is treated, rendered, or mixed before or immediately after placement in a landfill so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under 66261.21 or 66261.23 of this chapter; and
(2) section 66264.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.312. 
  
 



s 66264.313. Special Requirements for Incompatible Wastes.
Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this chapter for examples) shall not be placed in the same landfill cell, unless subsection 66264.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.313. 
  
 



s 66264.314. Special Requirements for Bulk and Containerized Liquids.
 (a) Effective February 2, 1985, the placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.
(b) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the facility shall use Method 9095 (as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods -EPA publication SW-846, Third Edition, as incorporated by reference in section 66260.11).
(c) Containers holding free liquids shall not be placed in a landfill unless:
(1) all free-standing liquid: (A) has been removed by decanting or other methods; (B) has been mixed with absorbent or solidified so that free-standing liquid is no longer observed; or (C) has been otherwise eliminated; or
(2) the container is very small, such as an ampule; or
(3) the container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or
(4) the container is a lab pack as defined in section 66264.316 and is disposed of in accordance with section 66264.316.
(d) Sorbents used to treat free liquids to be disposed of in landfills shall be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in subsection (d)(1) of this section; materials that pass one of the tests in subsection (d)(2) of this section; or materials that are determined by USEPA to be nonbiodegradable through the 40 CFR part 260 petition process.
(1) Nonbiodegradable sorbents.
(A) Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or
(B) High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable; or
(C) Mixtures of these nonbiodegradable materials.
(2) Tests for nonbiodegradable sorbents.
(A) The sorbent material is determined to be nonbiodegradable under ASTM Method G21-90-Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi; or
(B) The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria; or
(C) The sorbent material is determined to be non-biodegradable under OECD test 301B: (CO 2  Evolution (Modified Strum Test))
(e) Effective November 8, 1985 the placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of such landfill demonstrates to the Department, or the Department determines, that:
(1) the only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted or operating under interim status, which contains, or may reasonably be anticipated to contain, hazardous waste; and
(2) placement in such owner or operator's landfill will not present a risk of contamination of any underground source of drinking water (as that term is defined in section 66260.10).
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.5, Health and Safety Code; 40 CFR Section 264.314. 
  
 



s 66264.315. Special Requirements for Containers.
Unless they are very small, such as an ampule, containers shall be either:
(a) at least 90 percent full when placed in the landfill; or
(b) crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.315. 
  
 



s 66264.316. Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab Packs).
Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following requirements are met.
(a) hazardous waste shall be packaged in non-leaking inside containers. The inside containers shall be of a design and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the contained waste. Inside containers shall be tightly and securely sealed. The inside containers shall be of the size and type specified in the Department of Transportation (DOT) hazardous materials regulations (49 CFR Parts 173, 178, and 179), if those regulations specify a particular inside container for the waste.
(b) The inside containers must be overpacked in an open head DOT-specification metal shipping container (49 CFR Parts 178 and 179) of no more than 416- liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with section 66264.314(d), to completely sorb all of the liquid contents of the inside containers. The metal outer container shall be full after it has been packed with inside containers and sorbent material.
(c) The sorbent material used shall not be capable of reacting dangerously with, being decomposed by, or being ignited by the contents of the inside containers, in accordance with section 66264.17(b).
(d) Incompatible wastes, as defined in article 1 of this chapter, shall not be placed in the same outside container.
(e) Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in section 66261.23(a)(5) of this chapter, shall be treated or rendered non-reactive prior to packaging in accordance with subsections (a) through (d) of this section. Cyanide and sulfide-bearing reactive waste may be packed in accordance with subsections (a) through (d) of this section without first being treated or rendered non-reactive provided that the cyanide concentration is less than 1000 mg/l.
(f) Such disposal is in compliance with the requirements of chapter 18 of the division. Persons who incinerate lab packs according to the requirements of section 66268.42(c)(1) may use fiber drums in place of metal outer containers. Such fiber drums shall meet DOT specifications in 49 CFR 173.12 and be overpacked according to the requirements of subsection (b) of this section.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.316. 
  
 



s 66264.317. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.
 (a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 shall not be placed in a landfill unless the owner or operator operates the landfill in accord with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this paragraph, and in accord with all other applicable requirements of this chapter. The factors to be considered are:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through the soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring requirements.
(b) The Department shall impose additional design, operating, and monitoring requirements for landfills managing hazardous wastes F020, F021, F022, F023, F026, and F027 if necessary to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.317. 
  
 



s 66264.318. Special Requirements for Nonliquid Waste.
 (a)(1) Effective January 1, 1995 or the effective date of the applicable treatment standard found in chapter 18 of division 4.5 of Titles 22 and 26 of California Code of Regulations, whichever is later, all nonliquid hazardous waste, bulk or containerized, shall contain less than 50 percent moisture by weight prior to disposal in a hazardous waste a landfill.
(2) The requirements in (a)(1) cannot be met by adding material that acts solely as a sorbent, unless determined to be nonbiodegradable in accordance with section 66264.314(d) and waste is disposed in a container,  or diluting agent.
The moisture content shall be determined by pulverizing the entire sample coarsely on a clean surface by hand, using rubber gloves. Twenty-five to 50 grams shall be placed in a prepared evaporating dish and weighed. The sample shall then be placed in an oven at 103 to 105 degrees centigrade for 1 hour. The dish shall be cooled in a desiccator to 20 degrees centigrade for 1 hour and then reweighed. The cycle of drying, cooling, and weighing shall be repeated until a constant weight is obtained or until the weight loss is less than 4 percent of the previous weight.
(b) The calculation in subsection (a) shall be in accordance with the following formula:
Percent Moisture = [(A-B)/(A-C)] x 100
Where:
A = Weight of evaporating dish and original sample, grams
B = Weight of evaporating dish and oven dried sample, grams
C = Weight of evaporating dish, grams.
(c)(1) Lab Packs as defined in section 66264.316 are exempt from section 66264.318(a).
(2) Asbestos-containing waste is exempt from section 66264.318(a) if the waste is disposed according to the requirements of the regional water quality control board in (1) a class I landfill, or (2) segregated areas within a nonclass I landfill.
 
  Note: Authority cited: Sections 25150, 25179.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25143.7, 25159, 25159.5, 25179.5(b) and 25179.9, Health and Safety Code. 
  
 



s 66264.320. Applicability.
The regulations in this article apply to owners and operators of facilities that dispose of hazardous waste in residuals repositories at permitted facilities except as Section 66264.1 provides otherwise .
 
  Note:    Authority cited: Sections 208, 25150 and 25204, Health and Safety Code. Reference: Section 25204, Health and Safety Code. 
  
 



s 66264.321. General Requirements for Residuals Repositories at Permitted Facilities.
 (a) Acceptable Wastes. Waste disposed in a residuals repository must be:
(1) Treated hazardous waste as defined in Health and Safety Code Section 25179.3(1); and,
(2) Non-liquid and containing less than 50 percent moisture by weight as determined in accordance with Section 66265.317 of this Division.
(b) Standards for siting, design, construction, operation, monitoring, maintenance, closure and post-closure maintenance. A residuals repository is subject to the requirements for land disposal of hazardous waste in landfills including the standards contained in:
(1) Articles 1 through 7 and 14 of Chapter 14, Chapter 20 and 21 of this Division;
(2) Articles 1, 3 through 5, 8, and 9 of Chapter 15, Division 3, Title 23, California Code of Regulations; and,
(3) Subparts B through G, and N of Part 264, Subchapter I, Chapter 1, Title 40, Code of Federal Regulations.
 
  Note:    Authority cited: Sections 208, 25150 and 25204, Health and Safety Code. Reference: Section 25204, Health and Safety Code. 
  
 



s 66264.340. Applicability.
 (a) The regulations in this article apply to owners or operators of facilities that incinerate hazardous waste, except as 66264.1 provides otherwise. The following facility owners or operators are considered to incinerate hazardous waste:
(1) owners or operators of hazardous waste incinerators (as defined in section 66260.10).
(b) After consideration of the waste analysis included with Part B of the permit application, the Department, in establishing the permit conditions, shall exempt the applicant from all requirements of this article except sections 66264.341 (Waste analysis) and 66264.351 (Closure):
(1) if the Department finds that the waste to be burned is:
(A) listed as a hazardous waste in article 4 of chapter 11 of this division solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or
(B) listed as a hazardous waste in article 4 of chapter 11 of this division solely because it is reactive (Hazard Code R) for characteristics other than those listed in section 66261.33(a)(4) and (a)(5), and will not be burned when other hazardous wastes are present in the combustion zone; or
(C) a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the test for characteristics of hazardous wastes under article 3 of chapter 11 of this division; or
(D) a hazardous waste solely because it possesses any of the reactivity characteristics described by section 66261.23 (a)(1), (a)(2), (a)(3), (a)(6), (a)(7), and (a)(8), and will not be burned when other hazardous wastes are present in the combustion zone; and
(2) if the waste analysis shows that the waste contains none of the hazardous constituents listed in Appendix VIII of chapter 11 of this division, which would reasonably be expected to be in the waste.
(c) If the waste to be burned is one which is described by subsections  (b)(1)(A), (b)(1)(B), (b)(1)(C), or (b)(1)(D) of this section and contains insignificant concentrations of the hazardous constituents listed in Appendix VIII to chapter 11 of this division, then the Department shall, in establishing permit conditions, exempt the applicant from all requirements of this article, except sections 66264.341 (Waste analysis) and 66264.351 (Closure), after consideration of the waste analysis included with Part B of the permit application, unless the Department finds that the waste will pose a threat to human health and the environment when burned in an incinerator.
(d) The owner or operator of an incinerator may conduct trial burns subject only to the requirements of section 66270.62 (Short term and incinerator permits).
 
  Note: Authority cited: Sections 25159, 25159.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.340. 
  
 



s 66264.341. Waste Analysis.
 (a) As a portion of the trial burn plan required by section 66270.62, or with Part B of the permit application, the owner or operator shall have included an analysis of the waste feed sufficient to provide all information required by section 66270.62(b) or 66270.19. Owners or operators of new hazardous waste incinerators shall provide the information required by section 66270.62(c) or section 66270.19 to the greatest extent possible.
(b) Throughout normal operation, the owner or operator shall conduct sufficient waste analysis to verify that waste feed to the incinerator is within the physical and chemical composition limits specified in that owner or operator's permit (under section 66264.345(b)).
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.341. 
  
 



s 66264.342. Principal Organic Hazardous Constituents (POHCs).
 (a) Principal Organic Hazardous Constituents (POHCs) in the waste feed shall be treated to the extent required by the performance standard of section 66264.343.
(b)(1) One or more POHCs will be specified in the facility's permit, from among those constituents listed in Appendix VIII and Appendix X to chapter 11 of this division, for each waste feed to be burned. This specification will be based on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses and trial burns or alternative data submitted with Part B of the facility's permit application. Organic constituents which represent the greatest degree of difficulty of incineration will be those most likely to be designated as POHCs. Constituents are more likely to be designated as POHCs if they are present in large quantities or concentrations in the waste.
(2) Trial POHCs will be designated for performance of trial burns in accordance with the procedure specified in section 66270.62 for obtaining trial burn permits.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.341. 
  
 



s 66264.343. Performance Standards.
An incinerator burning hazardous waste shall be designed, constructed, and maintained so that, when operated in accordance with operating requirements specified under section 66264.345, it will meet the following performance standards.
(a)(1) Except as provided in subsection (a)(2) of this section, an incinerator burning hazardous waste shall achieve a destruction and removal efficiency (DRE) of 99.99% for each principal organic hazardous constituent (POHC) designated (under section 66264.342) in its permit for each waste feed. DRE is determined for each POHC from the following equation:
	(W in - W out)
DRE = ----------------- x 100%
	W in
Where: W in = mass feed rate of one principal organic hazardous constituent  (POHC) in the waste stream feeding the incinerator and W out = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere.
(2) An incinerator burning hazardous wastes F020, F021, F022, F023, F026, or F027 shall achieve a destruction and removal efficiency (DRE) of 99.9999% for each principal organic hazardous constituent (POHC) designated under section 66264.342 in its permit. This performance shall be demonstrated on POHCs that are more difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each POHC from the equation in section 66264.343(a)(1). In addition, the owner or operator of the incinerator shall notify the Department of that owner or operator's intent to incinerate hazardous wastes F020, F021, F022, F023, F026, or F027.
(b) An incinerator burning hazardous waste and producing stack emissions of more than 1.8 kilograms per hour (4 pounds per hour) of hydrogen chloride (HCl) shall control HCl emissions such that the rate of emission is no greater than the larger of either 1.8 kilograms per hour or 1% of the HCl in the stack gas prior to entering any pollution control equipment.
(c) An incinerator burning hazardous waste shall not emit particulate matter in excess of 180 milligrams per dry standard cubic meter (0.08 grains per dry standard cubic foot) when corrected for the amount of oxygen in the stack gas according to the formula:
                      14
Pc = Pm X --------
	21-Y
Where Pc is the corrected concentration of particulate matter, Pm is the measured concentration of particulate matter, and Y is the measured concentration of oxygen in the stack gas, using the Orsat method for oxygen analysis of dry flue gas, presented in Part 60, Appendix A (Method 3), of 40 CFR. This correction procedure is to be used by all hazardous waste incinerators except those operating under conditions of oxygen enrichment. For these facilities, the Department will select an appropriate correction procedure, to be specified in the facility permit.
(d) For purposes of permit enforcement, compliance with the operating requirements specified in the permit (under section 66264.345) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the performance requirements of this section may be "information" justifying modification, revocation, or reissuance of a permit under section 66270.41.
 
  Note:    Authority cited: Sections 208 and 25159.5, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.343. 
  
 



s 66264.344. Hazardous Waste Incinerator Permits.
 (a) The owner or operator of a hazardous waste incinerator may burn only wastes specified in the owner or operator's permit and only under operating conditions specified for those wastes under section 66264.345, except:
(1) in approved trial burns under section 66270.62; or
(2) under exemptions created by section 66264.340.
(b) Other hazardous wastes may be burned only after operating conditions have been specified in a new permit or a permit modification as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with Part B of a permit application under section 66270.19.
(c) The permit for a new hazardous waste incinerator shall establish appropriate conditions for each of the applicable requirements of this article, including but not limited to allowable waste feeds and operating conditions necessary to meet the requirements of section 66264.345, sufficient to comply with the following standards.
(1) For the period beginning with initial introduction of hazardous waste to the incinerator and ending with initiation of the trial burn, and only for the minimum time required to establish operating conditions required in subsection (c)(2) of this section, not to exceed a duration of 720 hours operating time for treatment of hazardous waste, the operating requirements shall be those most likely to ensure compliance with the performance standards of section 66264.343, based on the Department's engineering judgment. The Department may extend the duration of this period once for up to 720 additional hours when good cause for the extension is demonstrated by the applicant.
(2) For the duration of the trial burn, the operating requirements shall be sufficient to demonstrate compliance with the performance standards of section 66264.343 and shall be in accordance with the approved trial burn plan.
(3) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the Department, the operating requirements shall be those most likely to ensure compliance with the performance standards of section 66264.343, based on the Department's engineering judgment.
(4) For the remaining duration of the permit, the operating requirements shall be those demonstrated, in a trial burn or by alternative data specified in section 66270.19(c), as sufficient to ensure compliance with the performance standards of section 66264.343.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.344. 
  
 



s 66264.345. Operating Requirements.
 (a) An incinerator shall be operated in accordance with operating requirements specified in the permit. These will be specified on a case-by-case basis as those demonstrated (in a trial burn or in alternative data as specified in section 66264.344(b) and included with Part B of a facility's permit application) to be sufficient to comply with the performance standards of section 66264.343.
(b) Each set of operating requirements will specify the composition of the waste feed (including acceptable variations in the physical or chemical properties of the waste feed which will not affect compliance with the performance requirement of section 66264.343) to which the operating requirements applynt of section 66264.343) to which the operating requirements apply. For each such waste feed, the permit will specify acceptable operating limits including the following conditions:
(1) carbon monoxide (CO) level in the stack exhaust gas;
(2) waste feed rate;
(3) combustion temperature;
(4) an appropriate indicator of combustion gas velocity;
(5) allowable variations in incinerator system design or operating procedures; and
(6) such other operating requirements as are necessary to ensure the performance standards of section 66264.343 are met.
(c) During start-up and shut-down of an incinerator, hazardous waste (except wastes exempted in accordance with section 66264.340) shall not be fed into the incinerator unless the incinerator is operating within the conditions of operation (temperature, air feed rate, etc.) specified in the permit.
(d) Fugitive emissions from the combustion zone shall be controlled by:
(1) keeping the combustion zone totally sealed against fugitive emissions; or
(2) maintaining a combustion zone pressure lower than atmospheric pressure; or
(3) an alternate means of control demonstrated (with Part B of the permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.
(e) An incinerator shall be operated with a functioning system to automatically cut off waste feed to the incinerator when operating conditions deviate from limits established under subsection (a) of this section.
(f) An incinerator shall cease operation when changes in waste feed, incinerator design, or operating conditions exceed limits designated in its permit.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.345. 
  
 



s 66264.347. Monitoring and Inspections.
 (a) The owner or operator shall conduct, as a minimum, the following monitoring while incinerating hazardous waste.
(1) Combustion temperature, waste feed rate, and the indicator of combustion gas velocity specified in the facility permit shall be monitored on a continuous basis.
(2) CO shall be monitored on a continuous basis at a point in the incinerator downstream of the combustion zone and prior to release to the atmosphere.
(3) Upon request by the Department, sampling and analysis of the waste and exhaust emissions shall be conducted to verify that the operating requirements established in the permit achieve the performance standards of section 66264.343.
(b) The incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) shall be subjected to thorough visual inspection, at least daily, for leaks, spills, fugitive emissions, and signs of tampering.
(c) The emergency waste feed cutoff system and associated alarms shall be tested at least weekly to verify operability, unless the applicant demonstrates to the Department that weekly inspections will unduly restrict or upset operations and that less frequent inspection will be adequate. At a minimum, operational testing shall be conducted at least monthly.
(d) This monitoring and inspection data shall be recorded and the records shall be placed in the operating log required by section 66264.73.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.347. 
  
 



s 66264.351. Closure.
 (a) At closure the owner or operator shall remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the incinerator site.
(b) At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with section 66261.3(d), that the residue removed from the incinerator is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with applicable requirements of this division.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.351. 
  
 



s 66264.500. [Reserved].
 
 



s 66264.550. Applicability of Corrective Action Management Unit (CAMU) Regulations.
 (a) Except as provided in subsection (b) of this section, corrective action management units for RCRA hazardous waste, or for management of both RCRA and non-RCRA hazardous wastes in the same unit are subject to the requirements of section 66264.552. Corrective action management units for hazardous waste that is solely non-RCRA are subject to the requirements of section 66264.552.5.
(b) Corrective action management units for RCRA hazardous wastes that were approved before April 22, 2002, or for which substantially complete applications (or equivalents) were submitted to the Department on or before November 20, 2000, are subject to the requirements in section 66264.551 for grandfathered corrective action management units; corrective action management unit waste, activities, and design will not be subject to the standards in section 66264.552, so long as the waste, activities, and design remain within the general scope of the corrective action management unit as approved.
 
  Note: Authority cited: Sections 25150, 25159, 25187, 25200.10,  25358.9 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25200.14, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; and 40 CFR Section 264.550. 
  
 



s 66264.551. Grandfathered Corrective Action Management Units (CAMUs).
 (a) For the purpose of implementing corrective action under this article,  Health and Safety Code sections 25200.10, 25187, or 25200.14, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA section 3005 [Title 42, U.S.C., section 6925], the Department may designate an area at the facility as a corrective action management unit under the requirements in this section. Corrective action management unit means an area within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the facility. A corrective action management unit shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the corrective action management unit originated. One or more corrective action management units may be designated at a facility.
(1) Placement of remediation wastes into or within a corrective action management unit does not constitute land disposal of hazardous wastes.
(2) Consolidation or placement of remediation wastes into or within a corrective action management unit does not constitute creation of a unit subject to minimum technology requirements.
(b)(1) The Department may designate a regulated unit [as defined in section 66264.90(a)] as a corrective action management unit, or may incorporate a regulated unit into a corrective action management unit, if:
(A) The regulated unit is closed or closing, meaning it has begun the closure process under section 66264.113 of chapter 14 or section 66265.113 of chapter 15 of this division; and
(B) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable corrective actions for the facility.
(2) The article 6, 7, 8, and 17 requirements of this chapter or article 6, 7, 8, and 18 requirements of chapter 15 and the unit-specific requirements of chapters 14 or 15 that applied to that regulated unit will continue to apply to that portion of the corrective action management unit after incorporation into the corrective action management unit.
(c) The Department shall designate a corrective action management unit in accordance with the following:
(1) The corrective action management unit shall facilitate the implementation of reliable, effective, protective, and cost-effective corrective action measures;
(2) Waste management activities associated with the corrective action management unit shall not create unacceptable risks to humans or to the environment resulting from exposure to RCRA hazardous wastes, hazardous substances, or hazardous constituents;
(3) The corrective action management unit shall include uncontaminated areas of the facility, only if including such areas for the purpose of managing remediation waste is more protective than management of such wastes at contaminated areas of the facility;
(4) Areas within the corrective action management unit, where wastes remain in place after closure of the corrective action management unit, shall be managed and contained so as to minimize future releases, to the extent practicable;
(5) The corrective action management unit shall expedite the timing of corrective action activity implementation, when appropriate and practicable;
(6) The corrective action management unit shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of corrective actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the corrective action management unit; and
(7) The corrective action management unit shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the corrective action management unit.
(d) The owner or operator shall provide sufficient information to enable the Department to designate a corrective action management unit in accordance with the criteria in this section.
(e) The Department shall specify, in the permit or order, requirements for corrective action management units to include the following:
(1) The areal configuration of the corrective action management unit.
(2) Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements.
(3) Requirements for ground water monitoring that are sufficient to:
(A) Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in ground water from sources located within the corrective action management unit; and
(B) Detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the corrective action management unit in which wastes will remain in place after closure of the corrective action management unit.
(4) Closure and post-closure requirements.
(A) Closure of corrective action management units shall:
1. Minimize the need for further maintenance; and
2. Control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of RCRA hazardous waste, hazardous constituents, leachate, contaminated runoff, or RCRA hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere.
(B) Requirements for closure of corrective action management units shall include the following, as appropriate and as deemed necessary by the Department for a given corrective action management unit:
1. Requirements for excavation, removal, treatment or containment of wastes;
2. For areas in which wastes will remain after closure of the corrective action management unit, requirements for capping of such areas; and
3. Requirements for removal and decontamination of equipment, devices, and structures used in remediation waste management activities within the corrective action management unit.
(C) In establishing specific closure requirements for corrective action management units under this subsection, the Department shall consider the following factors:
1. Corrective action management unit characteristics;
2. Volume of wastes which remain in place after closure;
3. Potential for releases from the corrective action management unit;
4. Physical and chemical characteristics of the waste;
5. Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and
6. Potential for exposure of humans and environmental receptors if releases were to occur from the corrective action management unit.
(D) Post-closure requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities, and the frequency with which such activities shall be performed to ensure the integrity of any cap, final cover, or other containment system.
(f) The Department shall document the rationale for designating corrective action management units and shall make such documentation available to the public.
(g) Incorporation of a corrective action management unit into an existing permit shall be approved by the Department according to the procedures for Department-initiated permit modifications under section 66270.41 of chapter 20 of this division, or according to the permit modification procedures of section 66270.42 of chapter 20 of this division.
(h) The designation of a corrective action management unit does not change the Department's existing authority to address clean-up levels, media-specific points of compliance to be applied to corrective action at a facility, or other corrective action selection decisions.
 
  Note: Authority cited: Sections 25150, 25159, 25187, 25200.10,  25358.9 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25200.14, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; and 40 CFR Section 264.551. 
  
 



s 66264.552. Corrective Action Management Units (CAMU) for RCRA Hazardous Waste.
 (a) For the purpose of implementing corrective action under this article,  Health and Safety Code sections 25200.10, 25187, or 25200.14, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or corrective action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA section 3005 [Title 42, U.S.C., section 6925], the Department may designate an area at the facility as a corrective action management unit under the requirements in this section. Corrective action management unit means an area within a facility that is used only for managing CAMU-eligible wastes for implementing corrective action or cleanup at the facility. A corrective action management unit shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the corrective action management unit originated. One or more corrective action management units may be designated at a facility.
(1) CAMU-eligible waste means:
(A) All solid and RCRA hazardous wastes, and all media (including ground water, surface water, soils, and sediments) and debris, that are managed for implementing cleanup. As-generated wastes (either RCRA hazardous, non-RCRA hazardous or non-hazardous) from ongoing industrial operations at a site are not CAMU-eligible wastes.
(B) Wastes that would otherwise meet the description in subsection (a)(1)(A) of this section are not "CAMU-Eligible Wastes" where:
1. The wastes are RCRA hazardous wastes found during cleanup in intact or substantially intact containers, tanks, or other non-land-based units found above ground, unless the wastes are first placed in the tanks, containers or non-land-based units as part of cleanup, or the containers or tanks are excavated during the course of cleanup; or
2. The Department exercises the discretion in subsection (a)(2) of this section to prohibit the wastes from management in a corrective action management unit.
(C) Notwithstanding subsection (a)(1)(A) of this section, where appropriate, as-generated either non-RCRA hazardous or non-hazardous waste may be placed in a corrective action management unit where such waste is being used to facilitate treatment or the performance of the corrective action management unit.
(2) The Department may prohibit, where appropriate, the placement of waste in a corrective action management unit where the Department has or receives information that such wastes have not been managed in compliance with applicable land disposal treatment standards of California Code of Regulations, title 22, division 4.5, chapter 18, or applicable unit design requirements of California Code of Regulations, title 22, division 4.5, chapter 14, or applicable unit design requirements of California Code of Regulations, title 22, division 4.5, chapter 18, or that non-compliance with other applicable requirements of California Code of Regulations, title 22 likely contributed to the release of the waste.
(3) Prohibition against placing liquids in corrective action management units.
(A) The placement of bulk or noncontainerized liquid RCRA hazardous waste or free liquids contained in RCRA hazardous waste (whether or not sorbents have been added) in any corrective action management unit is prohibited except where placement of such wastes facilitates the remedy selected for the waste.
(B) The placement of containers holding free liquids in a corrective action management unit shall comply with the requirements in 40 Code of Federal Regulations part 264.314(d) for placement in landfills except where placement facilitates the remedy selected for the waste.
(C) The placement of any liquid which is not a RCRA hazardous waste in a corrective action management unit is prohibited unless such placement facilitates the remedy selected for the waste or a demonstration described in 40 Code of Federal Regulations part 264.314(f) is made. The administrative agency as used in part 264.314(f) includes the Department.
(D) The absence or presence of free liquids in either a containerized or a bulk waste shall be determined in accordance with 40 Code of Federal Regulations part 264.314(c). Sorbents used to treat free liquids in corrective action management units shall meet the requirements of 40 Code of Federal Regulations part 264.314(e).
(4) Placement of CAMU-eligible wastes into or within a corrective action management unit does not constitute land disposal of RCRA and/or non-RCRA hazardous wastes.
(5) Consolidation or placement of CAMU-eligible wastes into or within a corrective action management unit does not constitute creation of a unit subject to minimum technology requirements.
(b)(1) The Department may designate a regulated unit (as defined in 40 Code of Federal Regulations part 264.90(a)(2)) as a corrective action management unit, or may incorporate a regulated unit into a corrective action management unit, if:
(A) The regulated unit is closed or closing, meaning it has begun the closure process under section 66264.113 of chapter 14 or section 66265.113 of chapter 15 of this division; and
(B) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable corrective actions for the facility.
(2) The article 6, 7, 8, and 17 requirements of this chapter or article 6, 7, 8, and 18 requirements of chapter 15 and the unit-specific requirements of chapter 14 or 15 that applied to the regulated unit will continue to apply to that portion of the corrective action management unit after incorporation into the corrective action management unit.
(c) The Department shall designate a corrective action management unit that will be used for storage and/or treatment only in accordance with subsection (f) of this section. The Department shall designate all other corrective action management units in accordance with the following:
(1) The corrective action management unit shall facilitate the implementation of reliable, effective, protective, and cost-effective remedies;
(2) Waste management activities associated with the corrective action management unit shall not create unacceptable risks to humans or to the environment resulting from exposure to RCRA or non-RCRA hazardous wastes or hazardous constituents;
(3) The corrective action management unit shall include uncontaminated areas of the facility, only if including such areas for the purpose of managing CAMU-eligible waste is more protective than management of such wastes at contaminated areas of the facility;
(4) Areas within the corrective action management unit, where wastes remain in place after closure of the corrective action management unit, shall be managed and contained so as to minimize future releases, to the extent practicable;
(5) The corrective action management unit shall expedite the timing of corrective action activity implementation, when appropriate and practicable;
(6) The corrective action management unit shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of corrective actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the corrective action management unit; and
(7) The corrective action management unit shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the corrective action management unit.
(d) The owner or operator shall provide sufficient information to enable the Department to designate a corrective action management unit in accordance with the criteria in this section. This shall include, unless not reasonably available, information on:
(1) The origin of the waste and how it was subsequently managed (including a description of the timing and circumstances surrounding the disposal and/or release);
(2) Whether the waste was listed or identified as RCRA hazardous at the time of disposal and/or release; and
(3) Whether the disposal and/or release of the waste occurred before or after the land disposal requirements of 40 Code of Federal Regulations part 268 were in effect for the waste listing or characteristic.
(e) The Department shall specify, in the permit or order, requirements for corrective action management units to include the following:
(1) The areal configuration of the corrective action management unit.
(2) Except as provided in subsection (g) of this section, requirements for CAMU-eligible waste management to include the specification of applicable design, operation, treatment and closure requirements.
(3) Minimum design requirements. Corrective action management units, except as provided in subsection (f) of this section, into which wastes are placed shall be designed in accordance with the following:
(A) Unless the Department approves alternate requirements under subsection  (e)(3)(B) of this section, corrective action management units that consist of new, replacement, or laterally expanded units shall include a composite liner and a leachate collection system that is designed and constructed to maintain less than a 30-cm depth of leachate over the liner. For purposes of this section, composite liner means a system consisting of two components; the upper component shall consist of a minimum 30-mil flexible membrane liner (FML), and the lower component shall consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1x10 [FN-7]  cm/sec. FML components consisting of high density polyethylene (HDPE) shall be at least 60 mil thick. The FML component shall be installed in direct and uniform contact with the compacted soil component;
(B) Alternate requirements. The Department may approve alternate requirements if:
1. The Department finds that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into the ground water or surface water at least as effectively as the liner and leachate collection systems in subsection (e)(3)(A) of this section; or
2. The corrective action management unit is to be established in an area with existing significant levels of contamination, and the Department finds that an alternative design, including a design that does not include a liner, would prevent migration from the unit that would exceed long-term corrective action goals.
(4) Minimum treatment requirements: Unless the wastes will be placed in a corrective action management unit for storage and/or treatment only in accordance with subsection (f) of this section, CAMU-eligible wastes that, absent this section, would be subject to the treatment requirements of 40 Code of Federal Regulations part 268, and that the Department determines contain principal hazardous constituents, shall be treated to the standards specified in subsection (e)(4)(C) of this section.
(A) Principal hazardous constituents are those constituents that the Department determines pose a risk to human health and the environment substantially higher than the cleanup levels or goals at the site.
1. In general, the Department will designate as principal hazardous constituents:
a. Carcinogens that pose a potential direct risk from ingestion or inhalation at the site at or above 10 [FN-3]; and
b. Non-carcinogens that pose a potential direct risk from ingestion or inhalation at the site an order of magnitude or greater over their reference dose.
2. The Department will also designate constituents as principal hazardous constituents, where appropriate, when risks to human health and the environment posed by the potential migration of constituents in wastes to ground water are substantially higher than cleanup levels or goals at the site; when making such a designation, the Department may consider such factors as constituent concentrations, and fate and transport characteristics under site conditions.
3. The Department may also designate other constituents as principal hazardous constituents that the Department determines pose a risk to human health and the environment substantially higher than the cleanup levels or goals at the site.
(B) In determining which constituents are "principal hazardous constituents," the Department shall consider all constituents which, absent this section, would be subject to the treatment requirements in 40 Code of Federal Regulations part 268.
(C) Waste that the Department determines contains principal hazardous constituents shall meet treatment standards determined in accordance with subsection (e)(4)(D) or (e)(4)(E) of this section:
(D) Treatment standards for wastes placed in corrective action management units.
1. For non-metals, treatment shall achieve 90 percent reduction in total principal hazardous constituent concentrations, except as provided by subsection (e)(4)(D) 3 of this section.
2. For metals, treatment shall achieve 90 percent reduction in principal hazardous constituent concentrations as measured in leachate from the treated waste or media (tested according to the TCLP incorporated by reference in section 66264.24, subsection (a) of this division) or 90 percent reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by subsection (e)(4)(D) 3 of this section.
3. When treatment of any principal hazardous constituent to a 90 percent reduction standard would result in a concentration less than 10 times the Universal Treatment Standard for that constituent, treatment to achieve constituent concentrations less than 10 times the Universal Treatment Standard is not required. Universal Treatment Standards are identified in 40 Code of Federal Regulations part 268.48 Table UTS.
4. For waste exhibiting the RCRA hazardous characteristic of ignitability, corrosivity or reactivity, the waste shall also be treated to eliminate these characteristics.
5. For debris, the debris shall be treated in accordance with California Code of Regulations, title 22, section 66268.45, or by methods or to levels established under subsections (e)(4)(D) 1 through 4, or subsection (e)(4)(E) of this section, whichever the Department determines is appropriate.
6. Alternatives to TCLP. For metal bearing wastes for which metals removal treatment is not used, the Department may specify a leaching test other than the TCLP (SW846 Method 1311, 40 C.F.R. s 260.11 (11)) to measure treatment effectiveness, provided the Department determines that an alternative leach testing protocol is appropriate for use, and that the alternative more accurately reflects conditions at the site that affect leaching.
(E) Adjusted standards. The Department may adjust the treatment level or method in subsection (e)(4)(D) of this section to a higher or lower level, based on one or more of the following factors, as appropriate. The adjusted level or method shall be protective of human health and the environment:
1. The technical impracticability of treatment to the levels or by the methods in subsection (e)(4)(D) of this section;
2. The levels or methods in subsection (e)(4)(D) of this section would result in concentrations of principal hazardous constituents (PHCs) that are significantly above or below cleanup standards applicable to the site (established either site-specifically, or promulgated under state or federal law);
3. The views of the affected local community on the treatment levels or methods in subsection (e)(4)(D) of this section as applied at the site, and, for treatment levels, the treatment methods necessary to achieve these levels;
4. The short-term risks presented by the on-site treatment method necessary to achieve the levels or treatment methods in subsection (e)(4)(D) of this section;
5. The long-term protection offered by the engineering design of the corrective action management unit and related engineering controls:
a. Where the treatment standards in subsection (e)(4)(D) of this section are substantially met and the principal hazardous constituents in the waste or residuals are of very low mobility; or
b. Where cost-effective treatment has been used and the corrective action management unit meets the RCRA subtitle C liner and leachate collection requirements for new land disposal units at 40 Code of Federal Regulations parts 264.301(c) and (d); or
c. Where, after review of appropriate treatment technologies, the Department determines that cost-effective treatment is not reasonably available, and the corrective action management unit meets the RCRA subtitle C liner and leachate collection requirements for new land disposal units at 40 Code of Federal Regulations parts 264.301(c) and (d); or
d. Where cost-effective treatment has been used and the principal hazardous constituents in the treated wastes are of very low mobility; or
e. Where, after review of appropriate treatment technologies, the Department determines that cost-effective treatment is not reasonably available, the principal hazardous constituents in the wastes are of very low mobility, and either the corrective action management unit meets or exceeds the liner standards for new, replacement, or laterally expanded corrective action management units in subsections (e)(3)(A) and (B) of this section, or the corrective action management unit provides substantially equivalent or greater protection.
(F) The treatment required by the treatment standards shall be completed prior to, or within a reasonable time after, placement in the corrective action management unit.
(G) For the purpose of determining whether wastes placed in corrective action management units have met site-specific treatment standards, the Department may, as appropriate, specify a subset of the principal hazardous constituents in the waste as analytical surrogates for determining whether treatment standards have been met for other principal hazardous constituents. This specification will be based on the degree of difficulty of treatment and analysis of constituents with similar treatment properties.
(5) Except as provided in subsection (f) of this section, requirements for ground water monitoring and corrective action that are sufficient to:
(A) Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in ground water from sources located within the corrective action management unit; and
(B) Detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the corrective action management unit in which wastes will remain in place after closure of the corrective action management unit; and
(C) Require notification to the Department and corrective action as necessary to protect human health and the environment for releases to ground water from the corrective action management unit.
(6) Except as provided in subsection (f) of this section, closure and post-closure requirements:
(A) Closure of corrective action management units shall:
1. Minimize the need for further maintenance; and
2. Control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of RCRA hazardous wastes, hazardous constituents, leachate, contaminated runoff, or RCRA hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere.
(B) Requirements for closure of corrective action management units shall include the following, as appropriate and as deemed necessary by the Department for a given corrective action management unit:
1. Requirements for excavation, removal, treatment or containment of wastes; and
2. Requirements for removal and decontamination of equipment, devices, and structures used in CAMU-eligible waste management activities within the corrective action management unit.
(C) In establishing specific closure requirements for corrective action management units under subsection (e) of this section, the Department shall consider the following factors:
1. Corrective action management unit characteristics;
2. Volume of wastes which remain in place after closure;
3. Potential for releases from the corrective action management unit;
4. Physical and chemical characteristics of the waste;
5. Hydrological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and
6. Potential for exposure of humans and environmental receptors if releases were to occur from the corrective action management unit.
(D) Cap requirements:
1. At final closure of the corrective action management unit, for areas in which wastes will remain after closure of the corrective action management unit, with constituent concentrations at or above corrective action levels or goals applicable to the site, the owner or operator shall cover the corrective action management unit with a final cover designed and constructed to meet the following performance criteria, except as provided in subsection (e)(6)(D) 2 of this section:
a. Provide long-term minimization of migration of liquids through the closed unit;
b. Function with minimum maintenance;
c. Promote drainage and minimize erosion or abrasion of the cover;
d. Accommodate settling and subsidence so that the cover's integrity is maintained; and
e. Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
2. The Department may determine that modifications to subsection (e)(6)(D) 1 of this section are needed to facilitate treatment or the performance of the corrective action management unit (e.g., to promote biodegradation).
(E) Post-closure requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities, and the frequency with which such activities shall be performed to ensure the integrity of any cap, final cover, or other containment system.
(f) Corrective action management units used for storage and/or treatment only are corrective action management units in which wastes will not remain after closure. Such corrective action management units shall be designated in accordance with all of the requirements of this section, except as follows.
(1) Corrective action management units that are used for storage and/or treatment only and that operate in accordance with the time limits established in the staging pile regulations at 40 Code of Federal Regulations parts 264.554(d)(1)(iii), (h), and (i) are subject to the requirements for staging piles at 40 Code of Federal Regulations parts 264.554(d)(1)(i) and (ii), part 264.554(d)(2), parts 264.554(e) and (f), and parts 264.554(j) and (k) in lieu of the performance standards and requirements for corrective action management units in this section at subsections (c) and (e)(3) through (6).
(2) Corrective action management units that are used for storage and/or treatment only and that do not operate in accordance with the time limits established in the staging pile regulations at 40 Code of Federal Regulations parts 264.554(d)(1)(iii), (h), and (i):
(A) Shall operate in accordance with a time limit, established by the Department, that is no longer than necessary to achieve a timely remedy selected for the waste, and
(B) Are subject to the requirements for staging piles at 40 Code of Federal Regulations parts 264.554(d)(1)(i) and (ii), part 264.554(d)(2), parts 264.554(e) and (f), and parts 264.554(j) and (k) in lieu of the performance standards and requirements for corrective action management units in this section at subsections (c) and (e)(4) and (6).
(g) Corrective action management units into which wastes are placed where all wastes have constituent levels at or below corrective action levels or goals applicable to the site do not have to comply with the requirements for liners at subsection (e)(3)(A) of this section, caps at subsection (e)(6)(D) of this section, ground water monitoring requirements at subsection (e)(5) of this section or, for treatment and/or storage-only corrective action management units, the design standards at subsection (f) of this section.
(h) The Department shall provide public notice and a reasonable opportunity for public comment before designating a corrective action management unit. Such notice shall include the rationale for any proposed adjustments under subsection (e)(4)(E) of this section to the treatment standards in subsection (e)(4)(D) of this section.
(i) Notwithstanding any other provision of this section, the Department may impose additional requirements as necessary to protect human health and the environment.
(j) Incorporation of a corrective action management unit into an existing permit shall be approved by the Department according to the procedures for Department-initiated permit modifications under section 66270.41 of chapter 20 of this division, or according to the permit modification procedures of section 66270.42 of chapter 20 of this division.
(k) The designation of a corrective action management unit does not change the Department's existing authority to address clean-up levels, media-specific points of compliance to be applied to corrective action at a facility, or other remedy selection decisions.
 
  Note: Authority cited: Sections 25150, 25159, 25187, 25200.10,  25358.9 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25200.14, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; and 40 CFR Section 264.552. 
  
 



s 66264.552.5. Corrective Action Management Units for Non-RCRA Hazardous Waste.
 (a) For the purpose of implementing corrective actions under this article,  Health and Safety Code sections 25200.10, 25187, or 25200.14, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA Section 3005 [Title 42, U.S.C., section 6925], the Department may designate an area at the facility as a corrective action management unit, as defined in section 66260.10, in accordance with the requirements of this section. One or more corrective action management units may be designated at a facility.
(1) Placement of remediation wastes into or within a corrective action management unit does not constitute land disposal of hazardous wastes.
(2) Consolidation or placement of remediation wastes into or within a corrective action management unit does not constitute creation of a unit subject to minimum technology requirements.
(b)(1) The Department may designate a regulated unit [as defined in section 66264.90(a)] as a corrective action management unit, or may incorporate a regulated unit into a corrective action management unit, if:
(A) the regulated unit is closed or closing, meaning it has begun the closure process under section 66264.113 of chapter 14 or section 66265.113 of chapter 15 of this division; and
(B) inclusion of the regulated unit will enhance implementation of effective, protective and reliable corrective actions for the facility.
(2) The article 6, 7, 8, and 17 requirements of this chapter or article 6, 7, 8, and 18 requirements of chapter 15 and the unit-specific requirements of chapters 14 or 15 that applied to that regulated unit will continue to apply to that portion of the corrective action management unit after incorporation into the corrective action management unit.
(c) The Department shall designate a corrective action management unit in accordance with the following:
(1) The corrective action management unit shall facilitate the implementation of reliable, effective, protective, and cost-effective corrective action measures;
(2) Waste management activities associated with the corrective action management unit shall not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes, hazardous substances, or hazardous constituents;
(3) The corrective action management unit shall include uncontaminated areas of the facility, only if including such areas for the purpose of managing remediation waste is more protective than management of such wastes at contaminated areas of the facility;
(4) Areas within the corrective action management unit, where wastes remain in place after closure of the corrective action management unit, shall be managed and contained so as to minimize future releases, to the extent practicable;
(5) The corrective action management unit shall expedite the timing of corrective action activity implementation, when appropriate and practicable;
(6) The corrective action management unit shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of corrective actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the corrective action management unit; and
(7) The corrective action management unit shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the corrective action management unit.
(d) The owner or operator shall provide sufficient information to enable the Department to designate a corrective action management unit in accordance with the criteria in this section.
(e) The Department shall specify, in the permit or order, requirements for corrective action management units to include the following:
(1) The areal configuration of the corrective action management unit.
(2) Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements.
(3) Requirements for ground water monitoring that are sufficient to:
(A) continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in ground water from sources located within the corrective action management unit; and
(B) detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the corrective action management unit in which wastes will remain in place after closure of the corrective action management unit.
(4) Closure and post-closure requirements.
(A) closure of corrective action management units shall:
1. minimize the need for further maintenance; and
2. control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere.
(B) requirements for closure of corrective action management units shall include the following, as appropriate and as deemed necessary by the Department for a given corrective action management unit:
1. requirements for excavation, removal, treatment or containment of wastes;
2. for areas in which wastes will remain after closure of the corrective action management unit, requirements for capping of such areas; and
3. requirements for removal and decontamination of equipment, devices, and structures used in remediation waste management activities within the corrective action management unit.
(C) in establishing specific closure requirements for corrective action management units under this subsection, the Department shall consider the following factors:
1. corrective action management unit characteristics;
2. volume of wastes which remain in place after closure;
3. potential for releases from the corrective action management unit;
4. physical and chemical characteristics of the waste;
5. hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and
6. potential for exposure of humans and environmental receptors if releases were to occur from the corrective action management unit.
(D) Post-closure requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities, and the frequency with hich such activities shall be performed to ensure the integrity of any cap, final cover, or other containment system.
(f) The Department shall document the rationale for designating corrective action management units and shall make such documentation available to the public.
(g) Incorporation of a corrective action management unit into an existing permit shall be approved by the Department according to the procedures for Department-initiated permit modifications under section 66270.41 of chapter 20 of this division, or according to the permit modification procedures of section 66270.42 of chapter 20 of this division.
(h) The designation of a corrective action management unit does not change the Department's existing authority to address clean-up levels, media-specific points of compliance to be applied to corrective action at a facility, or other corrective action selection decisions.
 
  Note: Authority cited: Sections 58102 of the Governor's Reorganizational Plan  # 1 of 1991; and Sections 25150, 25159, 25187, 25200.10, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25200.14, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.552. 
  
 



s 66264.553. Temporary Units.
 (a) For temporary tanks and container storage areas used for treatment or storage of hazardous remediation wastes, during corrective action activities required under this article, Health and Safety Code sections 25200.10, 25187, or 25200.14, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA section 3005 [Title 42, U.S.C., section 6925], the Department may determine that a design, operating, or closure standard applicable to such units may be replaced by alternative requirements which are protective of human health or the environment.
(b) Any temporary unit to which alternative requirements are applied in accordance with subsection (a) of this section shall be:
(1) Located within the facility boundary; and
(2) Used only for treatment or storage of remediation wastes.
(c) In establishing standards to be applied to a temporary unit, the Department shall consider the following factors:
(1) Length of time such unit will be in operation;
(2) Type of unit;
(3) Volumes of wastes to be managed;
(4) Physical and chemical characteristics of the wastes to be managed in the unit;
(5) Potential for releases from the unit;
(6) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; and
(7) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.
(d) The Department shall specify in the permit or order the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The Department shall also specify the design, operating, and closure requirements for the unit.
(e) The Department may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the permit or order, if the Department determines that:
(1) Continued operation of the unit will not pose a threat to human health or the environment; and
(2) Continued operation of the unit is necessary to ensure timely and efficient implementation of corrective actions at the facility.
(f) Incorporation of a temporary unit or a time extension for a temporary unit into an existing permit shall be:
(1) Approved in accordance with the procedures for Department-initiated permit modifications under section 66270.41 of chapter 20 of this division; or
(2) Requested by the owner or operator as a Class II modification according to the procedures under section 66270.42 of chapter 20 of this division.
(g) The Department shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make such documentation available to the public.
 
  Note: Authority cited: Section 58102 of the Governor's Reorganizational Plan  # 1 of 1991; and Sections 25150, 25159, 25187, 25200.10, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.553. 
  
 



s 66264.570. Applicability.
 (a) The requirements of this article apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system. Existing drip pads are those constructed before December 6, 1990 and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads. The requirement at section 66264.573(b)(3) to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992 except for those constructed after December 24, 1992 for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 24, 1992.
(b) The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not subject to regulation under sections 66264.573(e) or 66264.573(f), as appropriate.
(c) The requirements of this article are not applicable to the management of infrequent and incidental drippage in storage yards provided that:
(1) the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, the contingency plan shall describe how the owner or operator will do the following:
(A) cleanup the drippage;
(B) document the cleanup of the drippage;
(C) retain documents regarding cleanup for three years; and
(D) manage the contaminated media in a manner consistent with Department regulations.
 
  Note:   Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.570. 
  
 



s 66264.571. Assessment of Existing Drip Pad Integrity.
 (a) For each existing drip pad as defined in section 66264.570, the owner or operator shall evaluate the drip pad and determine that it meets all of the requirements of this article, except the requirements for liners and leak detection systems of section 66264.573(b). No later than the effective date of this rule, the owner or operator shall obtain and keep on file at the facility, a written assessment of the drip pad, reviewed and certified by an independent, qualified professional engineer registered in California that attests to the results of the evaluation. The assessment shall be reviewed, updated, and re-certified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards of section 66264.573 are complete. The evaluation shall document the extent to which the drip pad meets each of the design and operating standards of section 66264.573, except the standards for liners and leak detection systems, specified in section 66264.573(b).
(b) The owner or operator shall develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of section 66264.573(b), and submit the plan to the Department no later than two years before the date that all repairs, upgrades, and modifications are complete. This written plan shall describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of section 66264.573. The plan shall be reviewed and certified by an independent qualified registered professional engineer.
(c) Upon completion of all upgrades, repairs, and modifications, the owner or operator shall submit to the Department, the as-built drawings for the drip pad together with a certification by an independent, qualified professional engineer registered in California attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or unfit for use, the owner or operator shall comply with the provisions of section 66264.573(m) or close the drip pad in accordance with section 66264.575.
 
  Note:   Authority cited: Sections 25150 and 25159,  Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.571. 
  
 



s 66264.572. Design and Installation of New Drip Pads.
Owners and operators of new drip pads shall ensure that the pads are designed, installed, and operated in accordance with one of the following:
(a) All of the requirements of sections 66264.573 (except 66264.573(b), 66264.574 and 66264.575, or
(b) All of the requirements of sections 66264.573 (except section 66264.573(a)(4)(A) and (B)), 66264.574 and 66264.575.
 
  Note:   Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.572. 
  
 



s 66264.573. Design and Operating Requirements.
 (a) Drip pads shall:
(1) be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt;
(2) be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system;
(3) have a curb or berm around the perimeter;
(4)(A) have a hydraulic conductivity of less than or equal to 1x10<<super>>-7 centimeters per second, e.g., existing concrete drip pads shall be sealed, coated, or covered with a surface material with a hydraulic conductivity of less than or equal to 1x10<<super>>-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, material, or other wastes while being routed to an associated collection system. This surface material shall be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the materials shall be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with section 66264.572(a) instead of Section 66264.572(b).
(4)(B) the owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified registered professional engineer registered in California that attests to the results of the evaluation. The assessment shall be reviewed, updated and recertified annually. The evaluation shall document the extent to which the drip pad meets the design and operating standards of this section, except for paragraph (b) of this section.
(5) be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of daily operations, e.g., variable and moving loads such as vehicle traffic, movement of wood, etc.
(b) If an owner or operator elects to comply with section 66264.572(b) instead of section 66264.572(a), the drip pad shall have:
(1) a synthetic liner installed below the drip pad that is designed, constructed, and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the drip pad. The liner shall be constructed of materials that will prevent waste from being absorbed into the liner and to prevent releases into the adjacent subsurface soil or groundwater or surface water during the active life of the facility. The liner shall be:
(A) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from vehicular traffic on the drip pad);
(B) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift; and
(C) installed to cover all surrounding earth that could come in contact with the waste or leakage; and
(2) a leakage detection system immediately above the liner that is designed, constructed, maintained, and operated to detect leakage from the drip pad. The leakage detection system shall be:
(A) constructed of materials that are:
1. chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and
2. of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad;
(B) designed and operated to function without clogging through the scheduled closure of the drip pad; and
(C) designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.
(3) a leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time, and quantity of any leakage collected in this system and removed shall be documented in the operating log.
(c) Drip pads shall be maintained such that they remain free of cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the drip pad.
(d) The drip pad and associated collection system shall be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off.
(e) Unless protected by a structure, as described in section 66264.570(b), the owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventingflow onto the drip pad during peak discharge from at least a 24-hour, 25-year storm, unless the system has sufficient excess capacity to contain any run-off that might enter the system.
(f) Unless protected by a structure or cover, as described in section 66264.570(b), the owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
(g) The drip pad shall be evaluated to determine that it meets the requirements of subsections (a) through (f) of this section and the owner or operator shall obtain a statement from an independent, qualified pro-fessional engineer registered in California certifying that the drip pad design meets the requirements of this section.(h) Drippage and accumulated precipitation shall be removed from the associated collection system as necessary to prevent overflow onto the drip pad.(i) The drip pad surface shall be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator shall document the date and time of each cleaning and the cleaning procedure used in the facility's operating log. The owner or operator shall determine if the residues are hazardous as per section 66262.11 and, if so, shall manage them under chapters 11 through 18 and 20.(j) Drip pads shall be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as result of activities by personnel or equipment.(k) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes shall be held on the drip pad until drippage has ceased. The owner or operator shall maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.(l) Collection and holding units associated with run-on and run-off control systems shall be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.
(m) Throughout the active life of the drip pad and as specified in the permit, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition shall be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:
(1) upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage in the leak detection system), the owner or operator shall:
(A) enter a record of the discovery in the facility operating log;
(B) immediately remove the portion of the drip pad affected by the condition from service;
(C) determine what steps shall be taken to repair the drip pad and clean up any leakage from below the drip pad, and establish a schedule for accomplishing the repairs;
(D) within 24 hours after discovery of the condition, notify the Department of the condition and, within ten working days, provide written notice to the Department with a description of the steps that will be taken to repair the drip pad and clean up any leakage, and the schedule for accomplishing this work;
(2) the Department will review the information submitted, make a determination regarding whether the pad shall be removed from service completely or partially until repairs and clean up are complete, and notify the owner or operator of the determination and the underlying rationale in writing;
(3) upon completing all repairs and clean up, the owner or operator shall notify the Department in writing and provide a certification signed by an independent, qualified professional engineer registered in California, that the repairs and clean up have been completed according to the written plan submitted in accordance with subsection (m)(1)(D) of this section.
(n) Should a permit be necessary, the Department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
(o) The owner or operator shall maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This shall include identification of preservative formulations used in the past, a description of drippage management practices, and a description of treated wood storage and handling practices.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.573. 
  
 



s 66264.574. Inspections.
 (a) During preconstruction, construction, and operating phases, liners and cover systems (e.g., membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation, liners shall be inspected and certified as meeting the requirements of section 66264.573 by an independent, qualified professional engineer registered in California. The certification shall be maintained at the facility as part of the facility operating record. After installation, liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.
(b) While a drip pad is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:
(1) deterioration, malfunctions or improper operation of run-on and run-off control systems;
(2) the presence of leakage in and proper functioning of leak detection system; or
(3) deterioration or cracking of the drip pad surface.
 
  Note:   Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150 and 25245, Health and Safety Code; and 40 CFR Section 264.574. 
  

 



s 66264.575. Closure.
 (a) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subsection (a) of this section, the owner or operator finds that not all contaminated subsoils can be practically removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (section 66264.310). For permitted units, the requirement to have a permit continues throughout the post-closure period. In addition, for the purposes of closure, post-closure, and financial responsibility, such a drip pad is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in articles 7 and 8 of this chapter.
(c)(1) The owner or operator of an existing drip pad, as defined in section 66264.570, that does not comply with the liner requirements of section 66264.573(b)(1) shall:
(A) include in the closure plan for the drip pad under section 66264.112 both a plan for complying with subsection (a) of this section and a contingent plan for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure; and
(B) prepare a contingent post-closure plan under section 66264.118 for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure;
(2) the cost estimates calculated under sections 66264.112 and 66264.144 for closure and post-closure care of a drip pad subject to this chapter shall include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under subsection (a) of this section.
 
  Note:   Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code;  and 40 CFR Section 264.575. 
  
 



s 66264.600. Applicability.
The requirements in this article apply to owners and operators of facilities that transfer, treat, store, or dispose of hazardous waste in miscellaneous units, except as section 66264.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.600. 
  
 



s 66264.601. Environmental Performance Standards.
 A miscellaneous unit shall be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units shall contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, as appropriate, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of hazardous waste or hazardous waste constituents from the unit. Permit terms and provisions shall include those requirements of articles 9 through 15 of this chapter, chapter 20, 40 CFR Part 146, and article 5.5 of chapter 6.5 of division 20 of the Health and Safety Code (commencing with section 25100) that are appropriate for the miscellaneous unit being permitted. Protection of human health and the environment includes, but is not limited to:
(a) prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents, hazardous constituents, or reaction products, in the ground water or subsurface environment, considering:
(1) the volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures;
(2) the hydrologic and geologic characteristics of the unit and the surrounding area;
(3) the existing quality of ground water and soil-pore liquid and gas, including other sources of pollution and contamination and their cumulative impact on the ground water and the normally unsaturated zone;
(4) the quantity and direction of groundwater flow;
(5) the proximity to and withdrawal rate of current and potential groundwater users;
(6) the patterns of land use in the region;
(7) the potential for deposition or migration of waste constituents, hazardous constituents, or reaction products, into subsurface physical structures, and into the root zone of food-chain crops and other vegetation;
(8) the potential for health risks caused by human exposure to constituents of concern; and
(9) the potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to constituents of concern;
(b) prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents, hazardous constituents, or reaction products, in surface water, or wetlands or on the soil surface considering:
(1) the volume and physical and chemical characteristics of the waste in the unit;
(2) the effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration;
(3) the hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit;
(4) the patterns of precipitation in the region;
(5) the quantity, quality, and direction of ground-water flow;
(6) the proximity of the unit to surface waters;
(7) the current and potential uses of nearby surface waters and any water quality standards established for those surface waters;
(8) the existing quality of surface waters and surface soils, including other sources of pollution and contamination and their cumulative impact on surface waters and surface soils;
(9) the patterns of land use in the region;
(10) the potential for health risks caused by human exposure to constituents of concern; and
(11) the potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to constituents of concern;
(c) prevention of any release that may have adverse effects on human health or the environment due to migration of waste constituents, hazardous constituents, or reaction products, in the air, considering:
(1) the volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols, and particulates;
(2) the effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air;
(3) the operating characteristics of the unit;
(4) the atmospheric, meteorologic, and topographical characteristics of the unit and the surrounding area;
(5) the existing quality of the air, including other sources of pollution and contamination and their cumulative impact on the air;
(6) the potential for health risks caused by human exposure to constituents of concern; and
(7) the potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to constituents of concern.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.601. 
  

 



s 66264.602. Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action.
Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequency shall ensure compliance with sections 66264.15, 66264.33, 66264.75, 66264.76, 66264.77, 66264.601 and 66264.801 as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.602. 
  
 



s 66264.603. Post-Closure Care.
 A miscellaneous unit that is a disposal unit shall be maintained in a manner that complies with section 66264.601 during the post-closure care period. In addition, if a transfer, treatment, or storage unit has contaminated soils or ground water that cannot be completely removed or decontaminated during closure, then that unit shall also meet the requirements of section 66264.601 during post-closure care. The post-closure plan under section 66264.118 shall specify the procedures that will be used to satisfy this requirement.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.603. 
  
 



s 66264.700. Applicability to Permitted Facilities.
 (a) The regulations in this article apply to owners and operators of permitted facilities that treat, store, recycle or dispose of hazardous waste. The owner or operator shall satisfy the requirements of this article for all wastes (or constituents thereof) contained in any regulated unit that receives hazardous waste after February 2, 1985. Any waste or waste constituent migrating beyond the regulated unit, as determined by monitoring at any monitoring point for air or soil-pore gas established in accordance with section 66264.705, is assumed to originate from a regulated unit unless the owner or operator demonstrates to the satisfaction of the Department that such waste or waste constituent originated from another source.
(b) The owner or operator is not subject to regulation under this article if the Department finds, pursuant to section 66264.280(d), that the treatment zone of a land treatment unit does not contain levels of hazardous constituents that are above background levels of those constituents by an amount that is statistically significant, and if an unsaturated zone monitoring program meeting the requirements of section 66264.278 has not shown a statistically significant increase in hazardous constituents below the treatment zone during the active life of the unit. An exemption under this subsection can only relieve an owner or operator of responsibility to meet the requirements of this article during the post-closure care period.
(c) The owner or operator is not subject to regulation under this article if the owner or operator demonstrates to the satisfaction of the Department that hazardous waste will not migrate from a regulated unit during the active life of the unit (including the closure period) and the post-closure care period specified under section 66264.117. The demonstration that liquid will not migrate shall be certified by an independent certified engineering geologist or civil engineer registered in California. The demonstration that gas or airborne solids will not migrate shall be certified by a scientist, or engineer registered in California, qualified to make such a demonstration. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator shall base any predictions made under this subsection on assumptions that maximize the rate of liquid migration.
(d) The regulations under this article apply during the active life of the regulated unit (including the closure period). After closure of the regulated unit, the regulations in this article:
(1) do not apply if all waste, waste residues, contaminated containment system components and contaminated subsoils are removed or decontaminated at closure; or
(2) apply during the post closure care period under section 66264.117 of article 7 of this chapter and during any compliance period under section 66264.96 of article 6 of this chapter.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.701. Required Programs.
 (a) Owners and operators subject to this article shall conduct a monitoring and response program as follows.
(1) Whenever there is a statistically significant increase under section 66264.707(b) for any hazardous constituents under section 66264.703 from a regulated unit at any monitoring point under section 66264.705, or at another location at which environmental monitoring is undertaken pursuant to state requirements, the owner or operator shall institute a compliance monitoring program under section 66264.708.
(2) Whenever the environmental protection standard under section 66264.702 is exceeded, or when a concentration specified for soil-pore gas or open-air downwind from the hazardous waste facility, is exceeded, the owner or operator shall institute a corrective action program under section 66264.708.
(3) In all other cases, the owner or operator shall institute a detection monitoring program under section 66264.706.
(b) The Department will specify in the facility permit the specific elements of the monitoring and response program. The Department shall include one or more of the programs identified in subsection (a) of this section in the facility permit as may be necessary to protect human health or the environment and will specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the Department will consider the potential adverse effects on human health or the environment that might occur before final administrative action could be taken on a permit modification application to incorporate such a program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.702. Environmental Protection Standard.
 (a) The owner or operator shall comply with conditions specified in the facility permit that are designed to ensure that hazardous constituents, under section 66264.703 entering soil or air from a regulated unit, do not exceed the concentration limits under section 66264.704 cited by the Department as maximum acceptable concentrations in soil, soil-pore gas, air, or on the land surface.
(b) The owner or operator shall not cause the concentration of a hazardous constituent in soil, soil-pore gas or air outside the unit to exceed a concentration limit under section 66264.704 specified in the facility permit as maximum acceptable concentrations in soil, soil-pore gas, air, or on the land surface.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.703. Hazardous Constituents.
 (a) The Department will specify in the facility permit the hazardous constituents to which the environmental protection standard of section 66264.702 applies. Constituents specified in the permit will be limited to constituents reasonably expected to be in or derived from waste contained in a regulated unit.
(b) The Department shall not specify in the facility permit constituents the Department considers not capable of posing a substantial present or potential hazard to human health or the environment and that are not useful as an indicator of migration of hazardous waste. In deciding which constituents to cite in the facility permit, the Department will consider the following:
(1) potential effects on human health or the environment that can result from migration of waste constituents from a regulated unit considering:
(A) the volume, physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;
(B) the hydrogeological characteristics of the facility and surrounding land;
(C) the current and estimated future uses of the area;
(D) any existing contamination or pollution, including other sources and their cumulative impact;
(E) the potential for health risks caused by human exposure to waste constituents;
(F) the potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; and
(G) the persistence and permanence of the potential adverse effects;
(2) potential adverse effects on surface and groundwater quality; and
(3) capability of the substance to act as an indicator of the possible presence of a hazardous constituent of hazardous waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.704. Concentration Limits.
 (a) The facility permit shall specify concentration limits for soil, soil-pore gas, and open-air downwind from the regulated unit, for hazardous constituents established under section 66264.703.
(b) The concentration limit for a hazardous constituent in soil outside the regulated unit shall not exceed the background concentration of that constituent in the soil unless an alternate concentration limit that is higher than background concentration for soil is established by the Department under subsection (e) of this section.
(c) The concentration limit for a hazardous constituent in open-air immediately downwind from the regulated unit:
(1) shall not exceed an ambient air quality standard established by the California Air Resources Board; and
(2) shall not exceed a concentration limit for a hazardous constituent established by the Department to protect human health or the environment.
(d) The concentration limit for a hazardous constituent in soil-pore gas outside the regulated unit shall not exceed the background concentration in soil-pore gas unless a concentration limit greater than background is established for soil-pore gas by the Department under subsection (e) of this section.
(e) The Department shall establish an alternate concentration limit for a hazardous constituent if it is found that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the Department will consider any or all of the factors listed under section 66264.703(b).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.705. Monitoring Points.
The Department will specify in the facility permit the monitoring points at which monitoring must be conducted by the owner or operator and at which the environmental protection standard of section 66264.702 applies. Monitoring points shall be suitable for sampling any substance that may have migrated from the regulated unit, and shall be located close enough to the regulated unit to provide an early indication of contaminant migration.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.706. Detection Monitoring Program.
An owner or operator required to establish a detection monitoring program under this article shall, at a minimum, discharge the responsibilities specified in subsections (a) through (f) of this section concerning monitoring of air and soil-pore gas.
(a) The owner or operator shall assure that monitoring and corrective action measures necessary to achieve compliance with the environmental protection standard under section 66264.702 are taken as specified in the permit or in an order issued by the Department.
(b) The owner or operator of a regulated unit that contains hazardous waste or discarded hazardous material that contains a volatile toxic substance or a hazardous material that can become airborne, or that can decompose or react to form a volatile toxic substance or toxic gas, shall follow methods prescribed by the Department to provide for representative sampling and analysis of air upwind and at the disposal area, and of soil-pore gas at monitoring points under section 66264.705, established by the owner or operator to the satisfaction of the Department. Vapor and gas monitoring wells shall be covered with collection chambers approved by the Department. The owner or operator shall provide, inside the collection chambers, probes or equivalent methodologies that actively sense the concentration of substances specified by the Department. If specified by the Department, the owner or operator shall provide instrumentation that provides continuous recording of concentrations of substances in open air and in the atmosphere of vapor wells.
(c) Samples will be analyzed for those substances specified in the permit. Unless the Department specifies in the permit parameters and constituents for which samples described in subsection (b) of this section shall be analyzed, the owner or operator shall analyze the samples to determine the concentration of all constituents thatcause waste at the regulated unit to be hazardous waste. The Department will specify for the regulated unit the location and frequency of monitoring and the type of statistical analysis that will be used. The owner or operator shall submit a report to the Department that indicates the results of the analysis and the concentrations of constituents in the air and soil-pore gas sampled. The report shall be submitted to the Department within 30 days of the date analyses are completed.
(d) If the owner or operator determines that there is an increase of hazardous constituents at any monitoring point under section 66264.705, the owner or operator shall:
(1) notify the Department of this finding in writing within seven days of the date such determination is made. The notification shall indicate what constituents have shown statistically significant increases;
(2) within 90 days of the determination, submit to the Department an application for a permit modification to modify the facility or operating practices at the facility.
(e) If the owner or operator determines that there is an increase of hazardous constituents at any monitoring point under section 66264.705, the owner or operator may demonstrate that a source other than the regulated unit caused the increase or that the increase resulted from an error in sampling, analysis or evaluation. While the owner or operator may make a demonstration under this subsection in addition to, or in lieu of, submitting a permit modification application under subsection (d)(2) of this section, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in subsection (d)(2) of this section unless the demonstration made under this subsection shows to the satisfaction of the Department that a source other than the regulated unit caused the increase or that the increase resulted from an error in sampling, analysis or evaluation. In making a demonstration under this subsection, the owner or operator shall:
(1) notify the Department in writing within seven days of determining an increase at any monitoring point that the owner or operator intends to make a determination under this subsection;
(2) within 90 days of determining the increase, submit a report to the Department demonstrating that a source other than the regulated unit caused the increase or that the increase resulted from error in sampling, analysis or evaluation;
(3) within 90 days of determining the increase, submit to the Department an application for a permit modification to make any appropriate changes to the monitoring program at the facility; and
(4) continue to monitor in accordance with the monitoring program established under this section.
(f) If the owner or operator determines that the detection monitoring program under this article does not satisfy the requirements of this section, the owner or operator shall, within 90 days of determining the increase, submit an application for a permit modification to make any appropriate changes to the program.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.707. Compliance Monitoring Program.
An owner or operator required to establish a compliance monitoring program under this article shall, at a minimum, discharge the following responsibilities.
(a) The owner or operator shall perform monitoring the Department specifies to determine whether regulated units are in compliance with the environmental protection standard under section 66264.702, or to determine the vertical and horizontal extent to which a constituent of hazardous waste has migrated from a regulated unit. The Department will specify the environmental protection standard in the facility permit, including:
(1) a list of the hazardous constituents identified under section 66264.703;
(2) concentration limits under section 66264.704 for each of those hazardous constituents; and
(3) the monitoring points under section 66264.705.
(b) If stipulated by the Department, the owner or operator shall determine the concentration of hazardous constituents in the unsaturated zone or in the air. The owner or operator shall express the concentration at each sampling station in a form necessary for the determination of increases. The owner or operator shall submit data obtained from monitoring to the Department within 30 days after it is obtained.
(c) If the owner or operator determines that the environmental protection standard is being exceeded at any monitoring point established under section 66264.705 or any other type and location of sampling station, the owner or operator shall:
(1) notify the Department of this finding in writing within seven days of the determination. The notification shall indicate what concentration limits have been exceeded;
(2) submit to the Department an application for a permit modification to establish a corrective action program meeting the requirements of section 66264.708 within 180 days of the determination, or within 90 days if an engineering feasibility study has been previously submitted to the Department. The application shall, at a minimum, include the following information:
(A) a detailed description of corrective actions that will achieve compliance with the environmental protection standard specified in the permit under subsection (a) of this section;
(B) a plan for an environmental monitoring program that will demonstrate the effectiveness of the corrective action to the satisfaction of the Department. Such a monitoring program may be based on a compliance monitoring program developed to meet the requirements of this section.
(d) If the owner or operator determines that the environmental protection standard is being exceeded at any monitoring point established under section 66264.705, the owner or operator may demonstrate that a source other than a regulated unit caused the increase or that the increase resulted from error in sampling, analysis or evaluation. While the owner or operator may make a demonstration under this subsection in addition to, or in lieu of, submitting a permit modification application under subsection (c)(2) of this section, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in subsection (c)(2) of this section unless the demonstration made under this subsection shows to the satisfaction of the Department that a source other than a regulated unit caused the increase or that the increase resulted from error in sampling, analysis or evaluation. In making a demonstration under this subsection, the owner or operator shall:
(1) notify the Department in writing within seven days of the determination that the owner or operator intends to make a demonstration under this subsection;
(2) within 90 days of the determination, submit a report to the Department which demonstrates that a source other than a regulated unit caused the standard to be exceeded or that the apparent noncompliance with the standard resulted from error in sampling, analysis or evaluation;
(3) within 90 days of the determination, submit to the Department an application for a permit modification to make any appropriate changes to the compliance monitoring program at the facility;
(4) continue to monitor in accord with the compliance monitoring program established under this section.
(e) If the owner or operator determines that the compliance monitoring program does not satisfy the requirements of this section, the owner or operator shall, within 90 days of the determination, submit an application for a permit modification to make any appropriate changes to the program.
(f) The owner or operator shall assure the Department that monitoring and corrective action measures are taken as necessary to achieve compliance with the environmental protection standard under section 66264.702 as specified in the permit or in an order issued by the Department.
(g) When the Department has determined that a constituent of hazardous waste has migrated from a regulated unit, the Department shall require the owner or operator to obtain samples of soil from specified depths and locations, and to chemically analyze such samples as necessary to determine the distances and depths through which constituents of hazardous waste have migrated from the regulated unit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.708. Corrective Action Program.
An owner or operator required to establish a corrective action program under this article shall, at a minimum, discharge the following responsibilities.
(a) The owner or operator shall take corrective action to ensure that regulated units are in compliance with the environmental protection standard under section 66264.702. The Department will specify the environmental protection standard in the facility permit, including:
(1) a list of the hazardous constituents identified under section 66264.703;
(2) concentration limits under section 66264.704 for each of those hazardous constituents; and
(3) the monitoring points under section 66264.705.
(b) The owner or operator shall implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the monitoring points established under section 66264.705 by removing the hazardous waste constituents or treating them in place or providing other effective measures. The permit will specify the specific measures that will be taken.
(c) The owner or operator shall begin corrective action within a reasonable time period after the environmental protection standard is exceeded. The Department will specify that time period in the facility permit. If a facility permit includes a corrective action program under this section in addition to a compliance monitoring program under section 66264.707, the permit will specify when the corrective action will begin, and such a requirement will operate in lieu of section 66264.707(c)(2).
(d) In conjunction with a corrective action program established under this section, the owner or operator shall establish and implement an environmental monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program under section 66264.707 and shall be as effective as that program in determining compliance with the environmental protection standard under section 66264.702 and in determining the success of a corrective action program under subsection (e) of this section.
(e) In addition to the other requirements of this section, the owner or operator shall conduct a corrective action program to remove or treat in place any hazardous constituents under section 66264.703 of this article that have caused, or could cause, the environmental protection standard to be exceeded, or take other action specified by the Department to reduce the concentration of hazardous constituents under section 66264.703 to levels below their respective concentration limits specified pursuant to this chapter, and to prevent subsequent exceedance of those levels by hazardous waste remaining at the regulated unit. The permit will specify the measures to be taken.
(1) Corrective action measures under this subsection shall be initiated and completed within a reasonable period of time considering the extent of contamination.
(2) Corrective action measures under this subsection may be terminated once the concentration of hazardous constituents under section 66264.703 is reduced to levels below their respective concentration limits under section 66264.704, and it is not likely that hazardous waste remaining at the regulated unit will cause a concentration limit under section 66264.704 to be exceeded.
(f) The owner or operator shall continue corrective action measures as necessary to ensure that the environmental protection standard is not exceeded. If the owner or operator is conducting corrective action under this section at the end of the post-closure care period or at the end of any compliance period established under section 66264.96 of article 6, the owner or operator shall continue that corrective action for as long as necessary to achieve compliance with the environmental protection standard under section 66264.702. The owner or operator may terminate corrective action measures under this section taken beyond the end of the post-closure care period or any compliance period established under section 66264.96 of article 6 if the owner or operator demonstrates, to the satisfaction of the Department, based on data from the environmental monitoring program under subsection (d) of this section, that the environmental protection standard of section 66264.702 has not been exceeded during the last three consecutive years.
(g) The owner or operator shall report in writing to the Department on the effectiveness of the corrective action program established under this section. The owner or operator shall submit these reports semiannually.
(h) If the owner or operator determines that the corrective action program does not satisfy the requirements of this section, the owner or operator shall, within 90 days of making such determination, submit an application for a permit modification to make any appropriate changes to the program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.800. Applicability.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66264.801. Corrective Action.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



Appendix I.
Recordkeeping Instructions
 
The recordkeeping provisions of section 66264.73 specify that an owner or operator shall keep a written operating record at the facility. This appendix provides additional instructions for keeping portions of the operating record. See section 66264.73(b) for additional recordkeeping requirements.
The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility in the following manner: records of each hazardous waste received, transferred, treated, stored, or disposed of at the facility which include the following:
(1) a description by its common name and any applicable EPA Hazardous Waste Number or California Hazardous Waste Number from chapter 11 of this division which apply to the waste. The waste description also shall include the waste's physical form, i.e., liquid, sludge, solid, or contained gas. If the waste is not listed in chapter 11, article 4 or Appendix XII of this division, the description also shall include the process that produced it (for example, solid filter cake from production of --, EPA Hazardous Waste Number W051).
Each hazardous waste listed in chapter 11, article 4, of this division, and each hazardous waste characteristic defined in chapter 11, article 3, of this division, has a four-digit EPA Hazardous Waste Number and/or a three-digit California Hazardous Waste Number assigned to it. This number shall be used for recordkeeping and reporting purposes. Where a hazardous waste contains more than one listed hazardous waste, or where more than one hazardous waste characteristic applies to the waste, the waste description shall include all applicable EPA and California Hazardous Waste Numbers;
(2) the estimated or manifest-reported weight, or volume and density, where applicable, in one of the units of measure specified in Table 1:
Table 1
 
--------------------------------
Unit of Measurement   Code [FN1]
--------------------------------
Gallons               G
Gallons per Hour      E
Gallons per Day       U
 Liters               L
 Liters per Hour      H
 Liters per Day       V
Short Tons per Hour   D
Metric Tons per Hour  W
Short Tons per Day    N
Metric Tons per Day   S
Pounds per Hour       J
Kilograms per Hour    R
Cubic Yards           Y
Cubic Meters          C
Acres                 B
Acre-feet             A
Hectares              Q
Hectare-meter         F
Btu's per Hour        I
--------------------------------
 
[FNa1] Single digit symbols are used here for data processing purposes.
(3) the method(s) (by handling code(s) as specified in Table 2) and date(s) of treatment, storage, or disposal.
Table 2
 
Handling Codes for Treatment, Storage, and Disposal Methods
 
Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store, or dispose of each quantity of hazardous waste received.
                              (a) Storage.
S01  Container (barrel, drum, etc.)
S02  Tank
S03  Waste pile
S04  Surface impoundment
S05  Drip Pad
S06  Containment Building (Storage)
S99  Other Storage (specify)
                               Treatment.
                           Thermal Treatment.
T06  Liquid injection incinerator
T07  Rotary kiln incinerator
T08  Fluidized bed incinerator
T09  Multiple hearth incinerator
T10  Infrared furnace incinerator
T11  Molten salt destructor
T12  Pyrolysis
T13  Wet Air oxidation
T14  Calcination
T15  Microwave discharge
T18  Other (specify)
                        (2) Chemical Treatment.
T19  Absorption mound
T20  Absorption field
T21  Chemical fixation
T22  Chemical oxidation
T23  Chemical precipitation
T24  Chemical reduction
T25  Chlorination
T26  Chlorinolysis
T27  Cyanide destruction
T28  Degradation
T29  Detoxification
T30  Ion exchange
T31  Neutralization
T32  Ozonation
T33  Photolysis
T34  Other (specify)
                        (3) Physical Treatment.
                     (A) Separation of components.
T35  Centrifugation
T36  Clarification
T37  Coagulation
T38  Decanting
T39  Encapsulation
T40  Filtration
T41  Flocculation
T42  Flotation
T43  Foaming
T44  Sedimentation
T45  Thickening
T46  Ultrafiltration
T47  Other (specify)
                  (B) Removal of Specific Components.
T48  Absorption-molecular sieve
T49  Activated carbon
T50  Blending
T51  Catalysis
T52  Crystallization
T53  Dialysis
T54  Distillation
T55  Electrodialysis
T56  Electrolysis
T57  Evaporation
T58  High gradient magnetic separation
T59  Leaching
T60  Liquid ion exchange
T61  Liquid-liquid extraction
T62  Reverse osmosis
T63  Solvent recovery
T64  Stripping
T65  Sand filter
T66  Other (specify)
                        (4) Biological Treatment
T67  Activated sludge
T68  Aerobic lagoon
T69  Aerobic tank
T70  Anaerobic tank
T71  Composting
T72  Septic tank
T73  Spray irrigation
T74  Thickening filter
T75  Trickling filter
T76  Waste stabilization pond
T77  Other (specify)
T78  [Reserved]
T79  [Reserved]
                   (5) Boiler and Industrial Furnaces
T80  Boiler
T81  Cement Kiln
T82  Lime Kiln
T83  Aggregate Kiln
T84  Phosphate Kiln
T85  Coke Oven
T86  Blast Furnace
T87  Smelting, Melting, or Refining Furnace
T88  Titanium Dioxide Chloride Process Oxidation Reactor
T89  Methane Reforming Furnace
T90  Pulping Liquor Recovery Furnace
T91  Combustion Device Used in the Recovery of Sulfur Values
     from Spent Sulfuric Acid
T92  Halogen Acid Furnace
T93  Other Industrial Furnaces Listed in 40 CFR 260.10 (specify)
                          (6) Other Treatment
T94  Containment Building (Treatment)
                             (c) Disposal.
D79  Underground injection
D80  Landfill
D81  Land treatment
D82  Ocean disposal
D83  Surface impoundment (to be closed as a landfill)
D99  Other Disposal (specify)
                     (d) Miscellaneous (Article 16)
X01  Open Burning/Open Detonation
X02  Mechanical Processing
X03  Thermal Unit
X04  Geologic Repository
X99  Other (Article 16) (specify)
 
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Part 264, Appendix I. 
  
 



Appendix V.
Examples of Potentially Incompatible Waste
 
Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can produce effects which are harmful to human health and the environment, such as (1) heat or pressure, (2) fire or explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or gases, or (5) flammable fumes or gases.
Below are examples of potentially incompatible wastes, waste components, and materials, along with the harmful consequences which result from mixing materials in one group with materials in another group. The list is intended as a guide to owners or operators of transfer, treatment, storage, and disposal facilities, and to enforcement and permit granting officials, to indicate the need for special precautions when managing these potentially incompatible waste materials or components.
This list is not intended to be exhaustive. An owner or operator shall, as the regulations require, adequately analyze all wastes so as to avoid creating uncontrolled substances or reactions of the type listed below, whether they are listed below or not.
It is possible for potentially incompatible wastes to be mixed in a way that precludes a reaction (e.g., adding acid to water rather than water to acid) or that neutralizes them (e.g., a strong acid mixed with a strong base), or that controls substances produced (e.g., by generating flammable gases in a closed tank equipped so that ignition cannot occur, and burning the gases in an incinerator).
In the lists below, the mixing of a Group A material with a Group B material may have the potential consequence as noted.

-------------------------------------------------------------------------
Group 1-A                                  Group 1-B
Acetylene sludge                           Acid sludge
Alkaline caustic liquids                   Acid and water
Alkaline cleaner                           Battery acid
Alkaline corrosive liquids                 Chemical cleaners
Alkaline corrosive battery fluid           Electrolyte, acid
Caustic wastewater                         Etching acid liquid or solvent
 Lime sludge and other corrosive alkalies
 Lime wastewater                           Pickling liquor and
                                           other corrosive acids
 Lime and water                            Spent acid
Spent caustic                              Spent mixed acid
                                           Spent sulfuric acid
-------------------------------------------------------------------------
 
Potential consequences: Heat generation; violent reaction.
------------------------------------------------------------
Group 2-A                                 Group 2-B
Aluminum                                  Any waste in Group
                                          1-A or 1-B
Beryllium
Calcium
 Lithium
Magnesium
Potassium
Sodium
Zinc powder
Other reactive metals and metal hydrides
------------------------------------------------------------
 
Potential consequences: Fire or explosion; generation of flammable hydrogen gas.
--------------------------------------------
Group 3-A  Group 3-B
Alcohols   Any concentrated waste
           in Groups 1-A or 1-B
Water      Calcium
           Lithium
           Metal hydrides
           Potassium
           SO 2 Cl 2, SOCl 2, PCl 3,
           CH 3 SiCl 3
           Other water-reactive waste
--------------------------------------------
 
Potential consequences: Fire, explosion, or heat generation; generation of flammable or toxic gases.
-----------------------------------------------------------------
Group 4-A                                      Group 4-B
Alcohols                                       Concentrated Group
                                               1-A or 1-B wastes
Aldehydes                                      Group 2-A wastes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
Other reactive organic compounds and solvents
-----------------------------------------------------------------
 
Potential consequences: Fire, explosion, or violent reaction.
-----------------------------------------------------
Group 5-A                            Group 5-B
Spent cyanide and sulfide solutions  Group 1-B wastes
-----------------------------------------------------
 
Potential consequences: Generation of toxic hydrogen cyanide or hydrogen sulfide gas.
--------------------------------------------------
Group 6-A               Group 6-B
Chlorates               Acetic acid and
                        other organic acids
Chlorine                Concentrated mineral acids
Chlorites               Group 2-A wastes
Chromic acid            Group 4-A wastes
Hypochlorites           Other flammable and
                        combustible wastes
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Other strong oxidizers
--------------------------------------------------
 
Potential consequences: Fire, explosion, or violent reaction.
Source: "Law, Regulations, and Guidelines for Handling of Hazardous Waste." California Department of Health, February 1975.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 208, 25159 and 25159.5, Health and Safety Code; 40 CFR Part 264, Appendix V. 
  
 



Appendix IX. -Ground Water Monitoring List
                Appendix IX--Ground Water Monitoring List [FN1]
-------------------------------------------------------------------------------
                              Chemical abstracts   Suggested    PQL
Common name [FN2]   AS RN     service index name [FN4]    methods    (ug/-
                      [FN3]     [FN5]      L)
                [F-
                N6]
-------------------------------------------------------------------------------
Acenaphthene        83-32-9   Acenaphthylene, 1,2-
                              dihydro-     8100       200
     8270       10
Acenaphthylene      208-96-8  Acenaphthylene     8100       200
     8270       10
Acetone             67-64-1   2-Propanone     8240       100
Acetophenone        98-86-2   Ethanone, 1-phenyl-     8270       10
Acetonitrile;
Methyl cyanide      75-05-8   Acetonitrile     8015       100
2-Acetylamino-
fluorene; 2-AAF     53-96-3   Acetamide, N-9H-
                              fluoren-2-yl-     8270       10
Acrolein            107-02-8  2-Propenal     8030        5
     8240        5
Acrylonitrile       107-13-1  2-Propenetitrile     8030        5
     8240        5
Aldrin              309-00-2  1, 4:5, 8-Dimethanonap-
                              thalene, 1,2,3,4,10,
                              10-hexachloro-1,4,
                              4a,5,8,8a-hexahydro-
                              (1<<alpha>>,4<<alpha>>,
                              4a<<beta>>,
                              5, 8<<alpha>>,     8080      0.05
                              8<<alpha>><<beta>>)     8270       10
Allyl chloride      107-05-1  1-Propene, 3-chloro-     8010        5
     8010       100
4-Aminobiphenyl     92-67-1   [1,1'-Biphenyl]-4-
                              amine     8270       10
Aniline             62-53-3   Benzenamine     8270       10
Anthracene          120-12-7  Anthracene     8100       200
     8270       10
Antimony            (Total)   Antimony     6010       300
     7040      2,000
     7041       30
Aramite             140-57-8  Sulfurous acid, 2-
                              chloroethyl 2-[4-
                              (1,1-dimethylethyl)
                              phenoxy]-1-methyl-
                              ethyl ester     8270       10
Arsenic             (Total)   Arsenic     6010       550
     7060       10
     7061       20
Barium              (Total)   Barium     6010       20
     7080      1,000
Benzene             71-43-2   Benzene     8020        2
     8240        5
Benzo[a]
anthracene;
Benzanthracene      56-55-3   Benz[a]anthracene     8100       200
     8270       10
Benzo[b]
fluoranthene        205-99-2  Benz[e]acephenan-
                              thrylene     8100       200
     8270       10
Benzo[k]fluoran-
thene               207-08-9  Benzo[k]fluoranthene     8100       200
     8270       10
Benzo[ghi]
perylene            191-24-2  Benzo[ghi]perylene     8100       200
     8270       10
Benzo[a]pyrene      50-32-8   Benzo[a]pyrene     8100       200
     8270       10
Benzyl alcohol      100-51-6  Benzenemethanol     8270       20
Beryllium           (Total)   Beryllium     6010        3
     7090       50
     7091        2
alpha-BHC           319-84-6  Cyclohexane, 1,2,3,4,
                              5,6-hexachloro-,
                              (1<<alpha>>,2<<alpha>>,
                              3<<beta>>,4<<alpha>>,
                              5<<beta>>,6<<beta>>)-.     8080      0.05
     8250       10
beta-BHC            319-85-7  Cyclohexane, 1,2,3,4,
                              5,6,-hexachloro-,
                              (1<<alpha>>,2<<beta>>,
                              3<<alpha>>,4<<beta>>,
                              5<<alpha>>,6<<beta>>)-     8080      0.05
     8250       40
delta-BHC           319-86-8  Cyclohexane, 1,2,3,4,
                              5,6-hexachloro-,
                              (1<<alpha>>,2<<alpha>>,
                              3<<alpha>>,4<<beta>>,
                              5<<alpha>>,6<<beta>>)-     8080       0.1
     8250       10
gamma-BHC;
 Lindane            58-89-9   Cyclohexane, 1,2,3,4,
                              5,6,-hexachloro-,
                              (1<<alpha>>,2<<alpha>>,
                              3<<beta>>,b4<<alpha>>,
                              5<<alpha>>, 6<<beta>>)-     8080      0.05
     8250       10
Bis(2-chloro-
ethoxy)methane      111-91-1  Ethane, 1,1'-[methyl-
                              enebis(oxy)]bis
                              [2-chloro-     8270       10
Bis(2-chloro-
ethyl)ether         111-44-4  Ethane, 1,1'-oxybis
                              [2-chloro-     8270       10
Bis(2-chloro-1-
methylethyl)
ether; 2,2'-Di-
chlorodiiso-
propyl ether        108-60-1  Propane, 2,2'-oxybis
                              [1-chloro-     8010       100
     8270       10
Bis(2-ethylhexyl)
phthalate           117-81-7  1,2-Ben   enedicar-
                              boxylic acid, bis
                              (2-ethylhexyl)ester     8060       20
     8270       10
Bromodichlorome-
thane               75-27-4   Methane, bromodi-
                              chloro-     8010        1
     8240        5
Bromoform;
Tribromo-
methane             75-25-2   Methane, tribromo-     8010        2
     8240        5
4-Bromophenyl
phenyl ether        101-55-3  Benzene, 1-bromo-4-
                              phenoxy-     8270       10
Butyl benzyl
phthalate;
Benzyl butyl
phthalate           85-68-7   1,2-Benzenedi-
                              carboxylic acid,
                              butyl phenylmethyl
                              ester     8060        5
     8270       10
Cadmium             (Total)   Cadmium     6010       40
     7130       50
     7131        1
Carbon disulfide    75-15-0   Carbon disulfide     8240        5
Carbon tetra-
chloride            56-23-5   Methane, tetrachloro-     8010        1
     8240        5
Chlordane           57-74-9   4,7-Methano-1H                 5
                              indene, 1, 2, 4, 5,
                              6, 7, 8, 8-oc-
                              tachloro-2,3,3a,4,7,
                              7a-hexahydro-     8080       0.1
     8250       10
p-Chloroaniline     106-47-8  Benzenamine,
                              4-chloro-     8270       20
Chlorobenzene       108-90-7  Benzene, chloro-     8010        2
     8010        2
     8040        5
Chlorobenzilate     510-15-6  Benzeneneacetic acid,
                              4-chloro-<<alpha>>-
                              (4-chlorophenyl)-<<alpha>>-
                              hydroxy,ethyl ester     8270       10
p-Chloro-m-
cresol              59-50-7   Phenol, 4-chloro-3-
                              methyl-     8040        5
     8270       20
Chloroethane;
Ethyl chloride      75-00-3   Ethane, chloro-     8010        5
     8240       10
Chloroform          67-66-3   Methane, trichloro-     8010      0.05
     8240        5
2-Chloronaph-
thalene             91-58-7   Naphthalene, 2-
                              chloro-     8120       10
     8270       10
2-Chlorophenol      95-57-8   Phenol,2-chloro-     8040        5
     8270       10
4-Chlorophenyl
phenyl ether        7005-72-  Benzene,
                      -3
                              1-chloro-4-
                              phenoxy-     8270       10
Chloroprene         126-99-8  1,3-Butadiene,2-
                              chloro-     8010       50
     8240        5
Chromium            (Total)   Chromium     6010       70
     7190       500
     7191       10
Chrysene            218-01-9  Chrysene     8100       200
     8270       10
Cobolt              (Total)   Cabolt     6010       70
     7200       500
     7201       10
Copper              (Total)   Copper     6010       60
     7210       200
m-Cresol            108-39-4  Phenol,3-methyl-     8270       10
o-Cresol            95-48-7   Phenol, 2-methyl-     8270       10
p-Cresol            106-44-5  Phenol,4-methyl-     8270       10
Cyanide             57-12-5   Cyanide     9010       40
2,4-D;2,4-Di-
chlorophenoxy-
acetic acid         94-75-7   Acetic acid, (2,4-di-
                              chlorophenoxy)-     8150       10
acetic acid         94-75-7   Acetic acid, (2,4-di-
                              chlorophenoxy)-     8150       10
4,4'-DDD            72-54-8   Benzene 1,1'-(2,3-di
                              chloroethylidene)
                              bis[4-chloro-     8080       0.1
     8270       10
4,4'-DDE            72-55-9   Benzene 1,1'-(di-
                              chloroethylidene)
                              bis[4-chloro-     8080       0.1
     8270       10
4,4'-DDT            50-293    Benzene 1,1'-(2,2,2-
                              trichloroethylidene)
                              bis[4-chloro-     8080       0.1
     8270       10
Diallate            2303-16-  Carbamothioic
                      -4
                              acid, bis
                              (1-methylethyl)-
                              s- (2,3-dichloro-
                              2-propenyl) ester.     8270       10
Dibenz[a,h]
anthracene          53-70-3   Dibenz[a,h]anthracene     8100       200
     8270       10
Dibenzofuran        132-64-9  Dibenzofuran     8270       10
Dibromochloro-
methane;
Chlorodibromo-
methane             124-48-1  Methane, dibromo-
                              chloro-     8010        1
     8240        5
1,2-Dibromo-3-
chloropropane;
DBCP                96-12-8   Propane, 1, 2-dibromo-
                              3-chloro-     8010       100
     8240        5
     8270       10
1,2-Dibromoethane;
Ethylene
dibromide           106-93-4  Ethane, 1,2-dibromo-     8010       10
     8240        5
Di-n-butyl
phtyalate           84-74-2   1,2-Benzenedicar-
                              boxylic acid, dibutyl
                              ester     8060        5
     8270       10
o-Dichlorobenzene.  95-50-1   Benzene, 1,2-dichloro     8010        2
     8020        5
     8120       10
     8270       10
m-Dichlorobenzene.  541-73-1  Benzene, 1,3-dichloro     8010        5
     8020        5
     8120       10
     8270       10
p-Dichlorobenzene.  106-46-7  Benzene,
                              1,4-dichloro-     8010        2
     8020        5
     8120       15
     8270       10
3,3'-Dichloro-
benzidine           91-94-1   [1,1'-Biphenyl]-4,4'-
                              diamine, 3,3'-
                              dichloro-     8270       20
trans-1,4-
Dichloro-2-
butene              110-57-6  2-Butene, 1,4-
                              dichloro-, (E)-     8240        5
Dichlorodifluoro-
methane             75-71-8   Methane, dichlorodi-
                              fluoro-     8010       10
     8240        5
1,1-Dichloro-
ethane              75-34-3   Ethane, 1,1-dichloro-     8010        1
     8240        5
1,2-Dichloro-
ethane;
Ethylene
dichloride          107-06-2  Ethane, 1,2-dichloro-     8010      0.05
     8240        5
1,1-Dichloro-
ethylene
 Vinylidene
chloride            75-35-4   Ethene, 1,1-dichloro-     8010      0.05
     8240        5
trans-1,2-
Dichloro-
ethylene            156-60-5  Ethane,, 1,2-
                              dichloro-,(E)-     8010        1
     8240        5
2,4-Dichloro-
phenol              1220-83-  Phenol, 2,4-dichloro-     8040        5
                      -2
     8270       10
2,6-Dichlorophenol  87-65-0   Phenol, 2,6-dichloro-     8270       10
1,2-Dichloro
propane             78-87-5   Propane, 1,2-
                              dichloro-     8010       0.5
     8240        5
cis-1,3-Dichloro-
propene             10061-0-  1-Propene, 1,3-
                      1-5
                              dichloro-, (z)-     8010       20
     8240        5
trans-1,3-
Dichloropropene.    1061-02-  1-Propene, 1,3-
                      -6
                              dichloro-, (E)-     8010        5
     8240        5
Dieldrin            60-57-1   2,7:3,6-Dimenthanon-
                              aphth[2,3-b]oxirene,
                              3,4,5,6,9,9,-hexa-
                              chloro-1a,2,2a,3,6,
                              6a,7,7a-octahydro-,
                              (1a<<alpha>>,2<<beta>>,
                              2a<<alpha>>,3<<beta>>,
                              6<<beta>>,6a<<alpha>>,
                              7<<beta>>,7a<<alpha>>)-     8080      0.05
     8270       10
Diethyl phthalate.  84-66-2   1,2-Benzenedicarboxy-
                              lic acid, diethyl
                              ester     8060        5
     8270       10
o,o-Diethyl 0-2
pyrazinyl phos-
phorothioate;
Thionazine          297-97-2  Phosphorothioic acid,
                              o,o-diethyl o-pyra-
                              zinyl ester     8270       10
Dimethoate          60-51-5   Phosphorodithioic
                              acid, o,o-dimethyl
                              s-[2-(methylamino)-
                              2-oxoethyl] ester     8270       10
p-(Dimethylamino)
azobenzene          60-11-7   Benzenamine,
                              N,N-dime-thyl-4-
                              (phenylazo)-     8270       10
7,12-Dimethylben
[a]anthracene       57-97-6   Benz[a]anthracene, 7,
                              12-dimethyl-     8270       10
3,3'-Dimethylben-
Zidine              119-93-7  [1,1'-Biphenyl]4,4'-
                              diamine, 3,3'-
                              dimethyl-     8270       10
alpha,alpha-Di-
methylphenethyl-
amine               122-09-8  Benzeneethanamine,
                              <<alpha>>,<<alpha>>-dimethyl-     8270       10
2,4-Dimethyl-
phenol              105-67-9  Phenol, 2,4-dimethyl-     8040        5
     8270       10
Dimethyl
phthalate           131-11-3  1,2-Benzenedicarboxy-
                              lic acid, dimethyl
                              ester     8060        5
     8270       10
m-Dinitrobenzene    99-65-0   Benzene, 1,3-dinitro-     8270       10
4,6-Dinitro-o-
cresol              534-52-1  Phenol, 2-methyl-4,6-
                              dinitro-     8040       150
     8270       50
2,4-Dinitrophenol.  51-28-5   Phenol, 2,4-dinitro-.     8040       150
     8270       50
2,4-Dinitroto-
 Luene              121-14-2  Benzene, 1-methyl-2,
                              4-dinitro-     8090       0.2
     8270       10
2,6-Dinitroto-
 Luene              606-20-2  Benzene, 2-methly-1,
                              3-dinitro-     8090       0.1
     8270       10
Dinoseb; DNBP; 2-
sec-Butyl-4,6-
dinitrophenol       88-85-7   Phenol, 2-(1-methyl-
                              propyl)-4,6-dinitro-     8150        1
     8270       10
Di-n-octyl
phthalate           117-84-0  1,2-Benzenedicarboxy-
                              lic acid, dioctyl
                              ester     8060       30
     8270       10
1,4-Dioxane         123-91-1  1,4-Dioxane     8015       150
Diphenylamine       122-39-4  Benzenamine, N-phenyl     8270       10
Disulfoton          298-04-4  Phosphorodithioic
                              acid, o,o-diethyl s-
                              [2-(ethylthio)- S-[2-
                              ethyl]ester     8140        2
     8270       10
Endosulfan I        959-98-8  6,9-Methano-2,4,3-
                              benzodioxathiepin,
                              6,7,8,9,1o,1o-hexa-
                              chloro-1,5,5a,6,9,9a
                              hexahydro-,3-oxide,
                              (3<<alpha>>,5a<<beta>>,
                              6<<alpha>>,9<<alpha>>,
                              9a<<beta>>)-.     8080       0.1
     8250       10
Endosulfan II       33213-6-  6,9-Methano-2,4,3-
                      5-9
                              benzodioxathiepin,
                              7,8,9,1o,1o-hexa-
                              chloro- 1,5,5a,6,
                              9, 9a-hexahydro-,
                              3- oxide, (3<<alpha>>,
                              5a<<alpha>>,6<<beta>>,
                              9<<beta>>,9a<<alpha>>)-     8080      0.05
Endosulfan sulfate  1031-07-  6,9-Methano-2,4,3-
                      -8
                              benzodioxathiepin,
                              6,7,8,9,1o,1o-hexa
                              -chloro- 1,5,5a,6,
                              9,9a -hexahydro-,
                              3,3- dioxide     8080       0.5
     8270       10
Endrin              72-20-8   2,7:3,6-Dimethanon-
                              aphth[2,3-b]oxirene,
                              3,4,5,6,9,9-hexa-
                              chloro-1a,2,2a,3,6,
                              6a,7,7a-octahydro-,
                              (1a<<alpha>>,2<<beta>>,
                              2a<<beta>>,3<<alpha>>,
                              6<<alpha>>,6a<<beta>>
                              ,7<<beta>>,7a<<alpha>>)-     8080       0.1
     8250       10
Endrin aldehyde     7421-93-  1,2,4-Methenocyclo-
                      -4
                              penta[cd]pentalene-
                              5-carboxaldehyde,2,
                              2a,3,3,4,7-hexa-
                              chlorodecahydro-,
                              (1<<alpha>>,2<<beta>>,
                              2a<<beta>>,4<<beta>>,
                              4a<<beta>>,5<<beta>>,
                              6a<<beta>>,6b<<beta>>,7R*)-     8080       0.2
     8270       70
Ethylbenzene        100-41-4  Benzene, ethyl-     8020        2
     8240        5
Ethyl
methacrylate        97-63-2   2-Propenoic acid, 2-
                              methyl-, ethyl ester.     8015       10
     8240        5
     8270       10
Ethyl methane-
sulfonate           62-50-0   Methanesulfonic acid,
                              ethyl ester     8270       10
Famphur             52-85-7   Phosphorothioic acid,
                              0-[4-[ (dimethyl-
                              amino)sulfonyl]
                              phenyl ]-o,o-dimethyl
                              ester     8270       10
Fluoranthene        206-44-0  Fluoranthene     8100       200
     8270       10
Fluorene            86-73-7   9H- Fluorene     8100       200
     8270       10
Heptachlor          76-44-8   4,7-Methano-1H-
                              indene, 1,4,5,6,7,8,
                              8-heptachloro-3a,4,7,
                              7a-tetrahydro-     8080      0.05
     8270       10
Heptachlor epoxide  1024-57-  2,5-Methano-2H-
                      -3
                              indeno
                              [1,2-b]oxirene,
                              2,3,4,5,6,7,
                              7-heptachloro-
                              1a,1b,5,5a,6,
                              6a,-hexahydro-,
                              (1a<<alpha>>,1b<<beta>>,
                              2<<alpha>>,5<<alpha>>,
                              5a<<beta>>,6<<beta>>,
                              6a<<alpha>>)     8080        1
                              8270       1
Hexachlorobenzene.  118-74-1  Benzene, hexachloro-.     8120       0.5
     8270       10
Hexachlorobu-
tadiene             87-68-3   1,3-Butadiene, 1,1,2,
                              3,4,4-hexachloro-     8120        5
     8270       10
Hexachlorocyclo-    77-47-4   1,3-Cyclopentadiene,
pentadiene                    1,2,3,4,5,5-hexa-
                              chloro-     8120        5
     8270       10
Hexachloroethane    67-72-1   Ethane, hexachloro-     8120       0.5
     8270       10
Hexachlorophene     70-30-4   Phenol, 2,2'-methyl-
                              enebis[3,4,6-tri-
                              chloro-     8270       10
Hexachloropropene.  1888-71-  1-Propene, 1,1,2,
                      -7
                              3,3,3-hexachloro-.     8270       10
2-Hexanone          591-78-6  2- Hexanone     8240       50
Indeno (1,2,3-cd)
pyrene              193-39-5  Indeno[1,2,3-cd]
                              pyrene     8100       200
     8270       10
Isobutyl alcohol    78-83-1   1-Propanol, 2-methyl-     8015       50
Isodrin             465-73-6  1,4,5,8-Dimethanonaph
                              -thalene, 1,2,3,4,
                              1o,1o-hexachloro-1,
                              4,4a,5,8,8a
                              hexahydro-
                              (1<<alpha>>,4<<alpha>>,
                              4a<<beta>>,5<<beta>>,
                              8<<beta>>,8a<<beta>>)-     8270       10
Isophorone          78-59-1   2-Cyclohexen-1-one,
                              3,5,5,-trimethyl-     8090       60
     8270       10
Isosafrole          120-58-1  1,3-Benzodioxole, 5-
                              (1-propenyl)-     8270       10
Kepone              143-50-0  1,3,4-Metheno-2H-
                              cyclobuta- [cd]penta-
                              len-2-one,1,1a,3,3a,
                              4,5,5,5a,5b,6-
                              decachlorooctahydro-.     8270       10
 Lead               (Total)   Lead     6010       40
     7420      1,000
     7421       10
Mercury             (Total)   Mercury     7470        2
Methacryloni-
trile               126-98-7  2-Propenenitrile,2-
                              methyl-     8015        5
     8240        5
Methapyrilene       91-80-5   1,2,Ethanediamine,
                              N,N -dimethyl-N'-2-
                              pyri- dinyl-N'-
                              (2-thienyl methyl)-     8270       10
Methoxychlor        72-43-5   Benzene, 1,1'-(2,2,2,
                              trichloroethylidene)
                              bis[4-methoxy-     8080        2
     8270       10
Methyl bromide;
Bromomethane        74-83-9   Methane, bromo-     8010        2
     8240       10
Methyl chloride;
Chloromethane       74-87-3   Methane, chloro-     8010        1
     8240       10
3-Methylcholan-
threne              56-49-5   Benz[j]aceanthrylene,
                              1,2-dihydro-3-methyl.     8270       10
Methylene bromide;
Dibromomethane      7-95-3    Methane, dibromo     8010       15
     8240        5
Methylene
chloride;
Dichloromethane     75-09-2   Methane, dichloro-     8010        5
     8240        5
Methyl ethyl
ketone; MEK         78-93-3   2-Butanone     8015       10
     8240       100
Methyl iodide;
Iodomethane         74-88-4   Methane, iodo-     8010       40
     8240        5
Methyl
methacrylate        80-62-6   2-Propenoic acid, 2-
                              methyl-, methyl ester     8015        2
     8240        5
Methyl methane-
sulfonate           66-27-3   Methanesulfonic acid,
                              methyl ester     8270       10
2-Methylnaph-
thalene             91-57-6   Naphthalene, 2-
                              methyl-     8270       10
Methyl parathion;
Parathion methyl    298-00-0  Phosphorothioic acid,
                              o,o-dimethyl o-(4-
                              nitrophenyl) ester     8140       0.5
     8270       10
4-Methyl-2-pen-
tanone; Methyl
isobutyl ketone.    108-10-1  2-Pentanone,
                              4-methyl-     8015        5
     8240       50
Naphthalene         91-20-3   Naphthalene     8100       200
     8270       10
1,4-Naphtho-
quinone             130-15-4  1,4-Naphthalenedione.     8270       10
1-Naphthylamine     34-32-7   1-Naphthalenamine     8270       10
2-Naphthylamine     91-59-8   2-Naphthalenamine     8270       10
Nickel              (Total)   Nickel     6010       50
     7520       400
o-Nitroaniline      88-74-4   Benzenamine, 2-nitro-     8270       50
m-Nitroaniline      99-09-2   Benzenamine, 3-nitro-     8270       50
p-Nitroaniline      100-01-6  Benzenamine, 4-nitro-     8270       50
Nitrobenzene        98-95-3   Benzene, nitro-     8090       40
     8270       10
o-Nitrophenol       88-75-5   Phenol, 2-nitro-     8040        5
     8270       10
p-Nitrophenol       100-02-7  Phenol, 4-nitro     8040       10
     8270       50
4-Nitroquino-
 Line 1-oxide       56-57-5   Quinoline, 4-nitro-,
                              1-oxide     8270       10
N-Nitrosodi-n-
butylamine          924-16-3  1-Butanamine, N-
N-Nitrosodiethyl-
amine               55-18-5   Ethanamine, N-ethyl-
                              N-nitroso-     8270       10
N-Nitrosodi-        62-75-9   Methanamine,
methylamine                   N-methyl-N-nitroso-     8270       10
N-Nitrosodipheny-   86-30-6   Benzenamine,
 Lamine                       N-nitroso-N-phenyl-     8270       10
N-Nitrosodiprop-
ylamine; Di-n-
propylnitrosa-
mine                621-64-7  1-Propanamine, N-ni-
                              troso-N-propyl-     8270       10
N-Nitrosomethyl-
ethylamine          10595-9-  Ethanamine,
                      5-6
                              N-methyl-
                              N-nitroso-     8270       10
N-Nitrosomorpho-    59-89-2   Morpholine,
 Line                         4-nitroso-     8270       10
N-Nitrosopiperi-
dine                100-75-4  Piperidine,
                              1-nitroso-     8270       10
N-Nitrosophyr-
rolidine            930-55-2  Pyrrolidine, 1-nitro-
                              so-     8270       10
5-Nitro-o-          99-55-8   Benzenamine,
toluidine                     2-methyl-5-nitro-     8270       10
Parathion           56-38-2   Phosphorothioic acid,
                              o,o-diethyl-o-(4-
                              nitrophenyl) ester     8270       10
Polychlorinated
biphenyls; PCBs.    See Note  1,1'-Biphenyl,
                      7
                              chloro derivatives     8080       50
     8250       100
Polychlorinated
dibenzo-p-
dioxins; PCDDs      See Note  Dibenzo[b,e][1,4]
                      8
                              dioxin, chloro
                              derivatives     8280      0.01
Polychlorinated
dibenzofurans;
PCDFs               See Note  Dibenzofuran,
                      9
                              chloro derivatives     8280      0.01
Pentachloro-
benzene             608-93-5  Benzene, pentachloro-     8270       10
Pentachloro-
ethane.             76-01-7   Ethane, pentachloro     8240        5
     8270       10
Pentachloronitro-
benzene             82-68-8   Benzene,pentachloro-
                              nitro-     8270       10
Pentachlorophenol.  87-86-5   Phenol, pentachloro-.     8040        5
     8270       50
Phenacetin          62-44-2   Acetamide, N-(4_
                              ethoxyphenyl)     8270       10
Phenanthrene        85-01-8   Phenanthrene     8100       200
     8270       10
Phenol              108-95-2  Phenol     8040        1
     8270       10
p-Phenylenedi-
amine               106-50-3  1,4 Benzenediamine     8270       10
Phorate             298-02-2  Phosphorodithioic
                              acid, o,o-diethyl S-
                              [(ethylthio)methyl]
                              ester     8140        2
     8270       10
2-Picoline          109-06-8  Pyridine, 2-methyl-     8240        5
     8270       10
Pronamide           23950-5-  Benzamide,, 3,5-di-
                      8-5
                              chloro-N-(1,1-di-
                              methyl-2-propynyl)     8270       10
Propionitrile;
Ethyl cyanide       107-12-0  Propanenitrile     8015       60
     8240        5
Pyrene              129-00-0  Pyrene     8100       200
     8270       10
Pyridine            110-86-1  Pyridine     8240        5
     8270       10
Safrole             94-59-7   1,3-Benzodioxole, 5-
                              (2-propenyl)-     8270       10
Selenium            (Total)   Selenium     6010       750
                              7740      20
                              7740      20
                              7741      20
Silver              (Total)   Silver     6010       70
     7760       100
Silvex; 2,4,5-TP    93-72-1   Propanoic acid, 2-
                              (2,4,5-trichloro-
                              phenoxy)-     8150        2
Styrene             100-42-5  Benzene, ethenyl-     8020        1
     8240        5
Sulfide             18496-2-  Sulfide     9030      10,0-
                      5-8                00
2,4,5-T; 2,4,5-
Trichlorophen-
oxyacetic acid      93-76-5   Acetic acid, (2,4,5-
                              trichlorophenoxy)-     8150        2
2,3,7,8-TCDD;
2,3,7,8-Tetra-
chlorodibenzo-
p-dioxin            1746-01-  Dibenzo[b,e][1,4]
                      -6
                              dioxin, 2,3,7,8-
                              tetrachloro-     8280      0.005
1,2,4,5-Tetra-
chlorobenzene       95-94-3   Benzene, 1,2,4,
                              5-tetra-chloro-     8270       10
1,1,1,2-Tetra-
chloroethane        630-20-6  Ethane, 1,1,1,2-
                              tetrachloro-     8010        5
     8240        5
1,1,2,2-Tetra-
chloroethane        79-34-5   Ethane, 1,1,2,
                              2-tetra-chloro-     8010       0.5
     8240        5
Tetrachloroethy-
 Lene; Perchloro-
ethylene; Tetra-
chloroethene        127-18-4  Ethene, tetrachloro-     8010       0.5
     8240        5
2,3,4,6-Tetra-
chlorophenol        58-90-2   Phenol, 2,3,4,6-
                              tetrachloro-     8270       10
Tetraethyl di-
thiopyrophos-
phate; Sulfo-
tepp                3689-24-  Thiodiphosphoric
                      -5
                              acid ([(HO)<<super>>2/P(S)
                              ]<<super>>2/0), tetraethyl
                              ester     8270       10
Thallium            (Total)   Thallium     6010       400
     7840      1,000
     7841       10
Tin                 (Total)   Tin     7870      8,000
Toluene             108-88-3  Benzene, methyl-     8020        2
     8240        5
o-Toluidine         95-53-4   Benzenamine,
                              2-methyl-     8270       10
Toxaphene           8001-35-  Toxaphene     8080        2
                      -2
1,2,5-Trichloro-    120-82-1  Benzene, 1,2,4-tri-
benzene                       chloro-     8270       10
1,1,1-Trichloro-
ethane; Methyl-
chloroform          71-55-6   Ethane, 1,1,1,-tri-
                              chloro-     8240        5
1,1,2-Trichloro-
ethane              79-00-5   Ethane, 1,1,2-tri-
                              chloro-     8010       0.2
     8240        5
Trichloroethyl-
ene; Trichloro-
ethene              79-01-6   Ethene, trichloro-     8010        1
     8250        5
Trichlorofluoro-
methane             75-69-4   Methane, trichloro-
                              fluoro-     8010       10
     8240        5
2,4,5-Trichloro-
phenol              95-95-4   Phenol, 2,4,5-tri-
                              chloro-     8270       10
2,4,6-Trichloro-
phenol              88-06-2   Phenol, 2,4,6-tri-
                              chloro-     8040        5
     8270       10
1,2,3-Trichloro-
propane             96-18-4   Propane, 1,2,3-tri-
                              chloro     8010       10
     8240        5
o,o,o-Triethyl
phosphorothio-
ate                 126-68-1  Phosphorothoic acid,
                              o,o,o-triethyl ester.     8270       10
sym-Trinitro-       99-35-4   Benzene, 1,3,5-tri-
benzene                       nitro-     8270       10
 Vandium            (Total)   Vandium     6010       80
     7910      2,000
     7911       40
 Vinyl acetate      108-05-4  Acetic acid, ethenyl
                              ester     8240        5
 Vinyl chloride     75-01-4   Ethene, chloro-     8010        2
     8240       10
Xylene (Total)      1330-20-  Benzene, dimethyl-     8020        5
                      -7
     8240        5
Zinc                (Total)   Zinc     6010       20
     7950       50
 

























[FNa1] The regulatory requirements pertain only to the list of substances; the right hand columns (Methods and PQL) are given for informational purposes only.  See also footnotes 5 and 6. 
[FNa2] Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals. 
[FNa3] Chemical Abstracts Service registry number. Where "Total" is entered, all species in the ground water that contain this element are included. 
[FNa4] CAS index names are those used in the 9th Cumulative Index 
[FNa] 5 Suggested Methods refer to analytical procedure numbers used in EPA Report SW-846 "Test Methods for Evaluating Solid Waste", third edition and updates, as incorporated by reference in section 66260.11. Analytical details can be found in SW-846 and in documentation on file at the agency. The packed column gas chromatography methods 8010, 8020, 8030, 8040, 8060, 8080, 8090, 8110, 8120, 8140, 8150, 8240, and 8250 were promulgated methods through Update IIB of SW-846 and, as of Update III, the Agency has replaced these methods with "capillary column GC methods", as the suggested methods. 
[FNa] 6 Practical Quantitation Limits (PQLs) are the lowest concentrations of analytes in ground waters that can be reliably determined within specified limits of precision and accuracy by the indicated methods under routine laboratory operating conditions. The PQLs listed are generally stated to one significant figure. CAUTION: The PQL values in many cases are based only on a general estimate for the method and not on a determination for individual compounds; PQLs are not a part of the regulation. 
[FNa] 7 Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of Aroclor-1016 (CAS RN 12674-11-2); Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS RN 11096-82-5). The PQL shown is an average value for PCB congeners. 
[FNa] 8 This category contains congener chemicals, including ng tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins. The PQL shown is an average value for PCDD congeners. 
[FNa] 9 This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and hexachlorodi-benzonfurans. The PQL shown is an average value for PCDF congeners.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Part 264, Appendix IX. 
  
 



s 66264.1030. Applicability.
 (a) The regulations in this article apply to owners and operators of facilities that treat, store, or dispose of RCRA hazardous wastes (except as provided in Section 66264.1).
(b) Except for section 66264.1034, subsections (d) and (e), this article applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage RCRA hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in one of the following:
(1) a unit that is subject to the permitting requirements of chapter 20, or
(2) a unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of section 66262.34(a) (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of chapter 20, or
(3) A unit that is exempt from permitting under the provisions of section 66262.34(a) (i.e., a "90-day" tank or container) and is not a recycling unit under the provisions of section 66261.6.
(c) If the owner and operator of a facility subject to this article received a final permit under RCRA section 3005 prior to December 6, 1996, the requirements of this article shall be incorporated into the permit when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of section 66270.50(d). Until such date when the owner and operator receives a final permit incorporating the requirements of this article, the owner and operator is subject to the requirements of article 27.
(d) The requirements of this article do not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this article are equipped with and operating air emission controls in accordance with the process vent requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63. The documentation of compliance under regulations at 40 CFR part 60, part 61, or part 63 shall be kept with, or made readily available with, the facility operating record.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 264.1030. 
  
 



s 66264.1032. Standards: Process Vents.
 (a) The owner or operator of a facility with process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations managing hazardous wastes organic concentrations of at least 10 ppmw shall either:
(1) reduce total organic emissions from all affected process vents at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr); or
(2) reduce, by use of a control device, total organic emissions from all affected process vents at the facility by 95 weight percent.
(b) If the owner or operator installs a closed-vent system and control device to comply with the provisions of subsection (a) of this section the closed-vent system and control device shall meet the requirements of Section 66264.1033.
(c) Determinations of vent emissions and emission reduction or total organic compound concentrations achieved by add-on control devices shall be based on engineering calculations or performance tests. If performance tests are used to determine vent emissions, emission reductions, or total organic compound concentrations achieved by add-on control devices, the performance tests shall conform with the requirements of Section 66264.1034(c).
(d) When an owner or operator and the Department do not agree on determinations of vent emissions and/or emission reductions or total organic compound concentrations achieved by add-on control devices based on engineering calculations, the procedures in Section 66264.1034(c) shall be used to resolve the disagreement.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1032. 
  
 



s 66264.1033. Standards: Closed-vent Systems and Control Devices.
 (a)(1) Owners or operators of closed-vent systems and  control devices used to comply with provisions of this chapter shall comply with the provisions of this section.
(2) The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this article on the effective date that the facility becomes subject to the provisions of this article shall prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls shall be installed as soon as possible, but the implementation schedule may allow up to 18 months of installation and start-up time after the effective date that the facility becomes subject to this article. All units that begin operation after the dates indicated below shall comply with the rules immediately (i.e., shall have control devices installed and operating on start-up of the affected unit):
(A) December 21, 1990 for units that transfer, treat, store, or dispose of RCRA hazardous wastes, unless the owner/operator of the unit is exempt from regulation under 40 CFR, Section 264.1;
(B) Six months after the effective date of these regulations for units that transfer, treat, store, or dispose of RCRA hazardous wastes, if the owner/operator of the unit is exempt from regulation under 40 CFR, Section 264.1 but not exempt from regulation under Section 66264.1.
(b) A control device involving vapor recovery (e.g., a condenser or absorber) shall be  designed and operated to recover the organic vapors vented to it with an efficiency of 95 weight percent or greater unless the total organic emission limits of Section 66264.1032(a)(1) for all affected process vents can be attained at an efficiency less than 95 weight percent.
(c) An enclosed combustion device (e.g., a vapor incinerator, boiler, or process heater) shall be designed and operated to reducethe organic emissions vented by it by 95 weight percent or greater;to achieve a total organic compound concentration of 20 ppmv, expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis corrected to 3 percent oxygen; or to provide a minimum residence time of 0.50 seconds at a minimum temperature of 760 degrees C. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame zone of the boiler or process heater.
(d)(1) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in subsection (e)(1) of this section, except for periods not to exceed a total of five minutes during any two consecutive hours.
(2) A flare shall be operated with a flame present at all times, as determined by the methods specified in subsection (f)(2)(C) of this section.
(3) A flare shall be used only if the net heating value of the gas being combusted is 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or if the net heating value of the gas being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is non-assisted. The net heating value of the gas being combusted shall be determined by the methods specified in subsection (e)(2) of this section.
(4)(A) A steam-assisted or non-assisted flare shall be designed for and operated with an exit velocity, as determined by the methods specified in subsection (e)(3) of this section, less than 18.3 m/s (60 ft/s), except as provided in subsections (B) and (C) of this section.
(B) A steam-assisted or non-assisted flare designed for and operated with an exit velocity, as determined by the method specified in subsection (e)(3) of this section, equal to or greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).
(C) A steam-assisted or non-assisted flare designed for and operated with an exit velocity, as determined by the methods specified in subsection (e)(3) of this section, less than the velocity, V max  as determined by the method specified in subsection (e)(4) of this section and less than 122 m/s (400 ft/s) is allowed.
(5) An air-assisted flare shall be designed and operated with an exit velocity less than the velocity, V max, as determined by the method specifiec in subsection (e)(5) of this section.
(6) A flare used to comply with this section shall be steam-assisted, air-assisted, or non-assisted.
(e)(1) Reference Method 22 in 40 CFR, Part 60, incorporated by reference in Section 66260.11 of this chapter, shall be used to determine the compliance of a flare with the visible emission provisions of this article. The observation period is two hours and shall be used according to Method 22.
(2) The net heating value of the gas being combusted in a flare shall be calculated using the following equation:
            n
Ht =K[ S Ci  Hi   ]
          i=1
where:
Ht  = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of off gas is based on combustion at 25 degress C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 degress C;
K = Constant, 1.74 x 10 -7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 degrees C;
Ci  = Concentration of sample component i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40 CFR, Part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified in Section 66260.11); and
Hi  = Net heat combustion of sample component i, kcal/g mol at 25 degrees C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (incorporated by reference as specified in Section 66260.11) if published values are not available or cannot be calculated.
(3) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR, Part 60 as appropriate, by the unobstructed (free) cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s, V max, for a flare complying with subsection (d)(4)(C) of this section shall be determined by the following equation:
 Log10 (Vmax ) = (HT  +28.8)/31.7
where:
28.8 = Constant,
31.7 = Constant,
HT  = The net heating value as determined in subsection (e)(2) of this section.
(5) The maximum allowed velocity in m/s, V MAX, for an air-assisted flare shall be determined by the following equation:
 Vmax = 8.706 + 0.7084 (HT)
where:
8.076 = Constant,
0.7084 = Constant,
HT  = The net heating value as determined in subsection (e)(2) of this section.
(f) The owner or operator shall monitor and inspect each control device required to comply with this section to ensure proper operation and maintenance of the control device by implementing the following requirements:
(1) install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that provides a record of vent stream flow from each affected process vent to the control device at least once every hour. The flow indicator sensor shall be installed in the vent stream at the nearest feasible point to the control device inlet but before the point at which the vent streams are combined; and
(2) install, calibrate, maintain, and operate according to the manufacturer's specifications a device to continuously monitor control device operation as specified below:
(A) for a thermal vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. The temperature sensor shall be installed at a location in the combustion chamber downstream of the combustion zone;
(B) for a catalytic vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature at two locations and have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. One temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed outlet;
(C) for a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame;
(D) for a boiler or process heater having a design heat input capacity less than 44 MW, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. The temperature sensor shall be installed at a location in the furnace downstream of the combustion zone;
(E)  for a boiler or process heater having a design heat input capacity greater than or equal to 44 MW, a monitoring device equipped with a continuous recorder to measure a parameter(s) that indicates good combustion operating practices are being used; and
(F) for a condenser, either:
1. a monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent system from the condenser; or
2. a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature at two locations and have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. One temperature sensor shall be installed at a location in the exhaust vent stream from the condenser, and a second temperature sensor shall be installed at a location in the  coolant fluid exiting the condenser; and
(G) for a carbon adsorption system that regenerates the carbon bed directly in the control device such as a fixed-bed carbon adsorber, either:
1. a monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent system from the carbon bed; or
2. a monitoring device equipped with a continuous recorder to measure a parameter that indicates the carbon bed is regenerated on a regular, predetermined time cycle; and
(3) inspect the readings from each monitoring device required by subsection  (f)(1) and (2) of this section at least once each operating day to check control device operation and, if necessary, immediately implement the corrective measures necessary to ensure the control device operates in compliance with the requirements of this section.
(g) An owner or operator using a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device shall replace the existing carbon in the control device with fresh carbon at a regular, pre-determined time interval that is no longer than the carbon service life established as a requirement of Section 66264.1035(b)(4)(C)6.
(h) An owner or operator using a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly on-site in the control device shall replace the existing carbon in the control device with fresh carbon on a regular basis by using one of the following procedures:
(1) monitor the concentration level of the organic compounds in the exhaust vent stream from the carbon adsorption system on a regular schedule, and replace the existing carbon with fresh carbon immediately when carbon breakthrough is indicated. The monitoring frequency shall be daily or at an interval no greater than 20 percent of the time required to consume the total carbon working capacity established as a requirement of Section 66264.1035(b)(4)(C)7, whichever is longer; or
(2) replace the existing carbon with fresh carbon at a regular, predetermined time interval that is less than the design carbon replacement interval established as a requirement of Section 66264.1035(b)(4)(C)7.
(i) An alternative operational or process parameter may be monitored if it can be demonstrated that another parameter will ensure that the control device is operated in conformance with these standards and the control device's design specifications.
(j) An owner or operator of an affected facility seeking to comply with the provisions of this chapter by using a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system is required to develop documentation including sufficient information to describe the control device operation and identify the process parameter or parameters that indicate proper operation and maintenance of the control device.
(k)(1) Closed-vent systems shall be designed for and operated with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background and by visual inspections, as determined by the methods specified as Section 66264.1034(b).
(2) Closed-vent systems shall be monitored to determine compliance with this section during the initial leak detection monitoring, which shall be conducted by the date that the facility becomes subject to the provisions of this section, annually, and at other times as requested by the Department.
(3) Detectable emissions, as indicated by an instrument reading greater than 500 ppm and visual inspections, shall be controlled as soon as practicable, but not later than 15 calendar days after the emission is detected.
(4) A first attempt at repair shall be made as soon as possible, to minimize escape of hazardous constituent to environment, but no later than 24 hours after the emission is detected.
(l) Closed-vent systems and control devices used to comply with provisions of this article shall be operated at all times when emissions may be vented to them.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1033. 
  
 



s 66264.1034. Test Methods and Procedures.
 (a) Each owner or operator subject to the provisions of this article shall comply with the test methods, procedures and requirements provided in this section.
(b) When a closed-vent system is tested for detectable emissions, as required in Section 66264.1033(k), the test shall comply with the following requirements:
(1) monitoring shall comply with Reference Method 21 in 40 CFR, part 60;
(2) the detection instrument shall meet the performance criteria of Reference Method 21 in 40 CFR, part 60;
(3) the instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21 in 40 CFR, part 60; and
(4) calibration gases shall be:
(A) zero air (less than 10 ppm of hydrocarbon in air); and
(B) a mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane; and
(5)  the background level shall be determined as set forth in Reference Method 21 in 40 CFR, part 60;
(6) the instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21 in 40 CFR, part 60; and
(7) the arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.
(c) Performance tests to determine compliance with Section 66264.1032(a) and with the total organic compound concentration limit of Section 66264.1033(c) shall comply with the following:
(1) performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with the following reference methods and calculation procedures:
(A) method 2 in 40 CFR, Part 60 for velocity and volumetric flow rate;
(B) method 18 in 40 CFR, Part 60 for organic content;
(C) each performance test shall consist of three separate runs; each run conducted for at least one hour under the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. For the purpose of determining total organic compound concentrations and mass flow rates, the average of results of all runs shall apply. The average shall be computed on a time-weighted basis;
(D) total organic mass flow rates shall be determined by the following equation:
                 n
Eh  = Qsd  (<<SIGMA>> Ci  MWi  ) [0.0416] [10<<super>>-6 ]
                 i=1
where:
Eh  = Total organic mass flow rate, kg/h;
Qsd  = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dry standard m<<super>>3 /h;
n = Number of organic compounds in the vent gas;
C i  = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;
MW i  = Molecular weight of organic compound i in the vent gas, kg/kg-mol;
0.0416= Conversion factor for molar volume, kg-mol/m<<super>>3 (at 293 K and 760 mm Hg);
10<<super>>-6 = Conversion from ppm, ppm<<super>>-1 .
(E) the annual total organic emission rate shall be determined by the following equation:
EA  = (Eh) (H)
where:
EA  = Total organic mass emission rate, kg/y;
Eh  = Total organic mass flow rate for the process vent, kg/h;
H = Total annual hours of operations for the affected unit, h.
(F) total organic emissions from all affected process vents at the facility shall be determined by summing the hourly total organic mass emission rates (Eh  as determined in subsection (c)(1)(D) of this section) and by summing the annual total organic mass emission rates (EA, as determined in subsection (c)(1)(E) of this section) for all affected process vents at the facility.
(2) The owner or operator shall record such process information as may be necessary to determine the conditions of the performance tests. Operators during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test.
(3) The owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows:
(A) sampling ports adequate for the test methods specified in subsection (c)(1) of this section;
(B) safe sampling plateform(s);
(C) safe access to sampling plateform(s); and
(D) utilities for sampling and testing equipment.
(4) For the purpose of making compliance determinations, the time-weighted average of the results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the owner's or operator's control, compliance may, upon the Department's written approval, be determined using the average of the results of the two other runs.
(d) To show that a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of this article, the owner or operator shall make an initial determination that the time-weighted, annual average total organic concentration of the waste managed by the waste management unit is less than 10 ppmw using one of the following two methods:
(1) direct measurement of the organic concentration of the waste using the following procedures:
(A) the owner or operator shall take a minimum of four grab samples of waste for each waste stream managed in the affected unit under process conditions expected to cause the maximum waste organic concentration;
(B) for waste generated on-site, the grab samples shall be collected at a point before the waste is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the waste after generation to the first affected distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For  waste generated off-site, the grab samples shall be collected at the inlet to the first waste management unit that receives the waste provided the waste has been transferred to the facility in a closed system such as a truck and the waste is not diluted or mixed with other waste;
(C) each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method 9060 or 8260 of SW-846 third edition and updates, as incorporated by reference under Section 66260.11;
(D) the arithmetic mean of the results of the analyses of the four samples shall apply for each waste stream managed in the unit in determining the time-weighted, annual average total organic concentration of the waste. The time-weighted average shall be calculated using the annual quantity of each waste stream processed and the mean organic concentration of each waste stream managed in the unit;
(2) Using knowledge of the waste to determine that its total organic concentration is less than 10 ppmw. Documentation of the waste determination is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to generate a waste stream having a total organic content less than 10 ppmw, or prior specification analysis results on the same waste stream where it can also be documented that no process changes have occurred since that analysis that could affect  the waste total organic concentration.
(e) The determination that distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations manage hazardous wastes with time-weighted, annual average total organic concentrations less than 10 ppmw shall be made as follows:
(1) by the effective date that the facility becomes subject to the provisions of this article or by the date when the waste is first managed in a waste management unit, whichever is later; and
(A) for continuously generated waste, annually, or
(B) whenever there is a change in the waste being managed or a change in the process that generates or treats the waste.
(f) When an owner or operator and the Department do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manage a hazardous waste with organic concentrations of at least 10 ppmw based on knowledge of the waste, the procedures in Method 8260 of SW-846 third edition and updates, (as incorporated by reference in Section 66260.11 of this division), shall be used to resolve the dispute.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.1034. 
  
 



s 66264.1035. Recordkeeping Requirements.
 (a)(1) Each owner or operator subject to the provisions of this article shall comply with the recordkeeping requirements of this section.
(2) An owner or operator of more than one hazardous waste management unit subject to the provisions of this article may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.
(b) Owners and operators shall record or include the following information in the facility operating record:
(1) for facilities that comply with the provisions of Section 66264.1033(a)(2), an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The schedule shall also include a rationale of why the installation cannot be completed at an earlier date. The implementation schedule shall be in the facility operating record by the effective date that the facility becomes subject to the provisions of this article;
(2) up-to-date documentation of compliance with the process vent standards in Section 66264.1032, including:
(A) information and data identifying all affected process vents, annual throughout and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous waste management units on a facility plot plan); and
(B) information and data supporting determinations of vent emissions and emission reductions achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, determinations of vent emissions and emission reductions shall be made using operating parameter values (e.g., temperatures, flow rates, or vent stream organic compounds and concentrations) that represent the conditions that result in maximum organic emissions, such as when the waste management unit is operating at the highest load or capacity level reasonably expected to occur. If the owner or operator takes any action (e.g., managing a waste of different composition or increasing operating hours of affected waste management units) that would result in an increase in total organic emissions from affected process vents at the facility, then a new determination is  required.
(3) Where an owner or operator chooses to use test data to determine the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan. The test plan shall include:
(A) a description of how it is determined that the planned test is going to be conducted when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. This shall include the estimated or design flow rate and organic content of each vent stream and define the acceptable operating range of key process and control device parameters during the test program;
(B) a detailed engineering description of the closed-vent system and control device including:
1. manufacturer's name and model number of control device;
2. type of control device;
3. dimensions of the control device;
4. capacity; and
5. construction materials; and
(C) a detailed description of sampling and monitoring procedures including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.
(4) Documentation of compliance with Section 66264.1033, documentation shall include the following information:
(A) a list of all information references and sources used in preparing the documentation; and
(B) records, including the dates, of each compliance test required by Section 66264.1033(k);
(C) If engineering calculations are used, a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in Section 66260.11) or other engineering texts acceptable to the Department that present basic control device design information. Documentation provided by the control device manufacturer or vendor that describes the control device design in accordance with subsection (b)(4)(C)1 through (b)(4)(C)7 of this section shall be required to be submitted to the Department to comply with this requirement. The design analysis shall address the vent system characteristics and control device operation parameters as specified below.
1. For a thermal vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average temperature in the combustion zone and the combustion zone residence time.
2. For a catalytic vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average temperatures across the catalyst bed inlet and outlet.
3. For a boiler or process heater, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average flame zone temperatures, combustion zone residence time, and description of method and location where the vent stream is introduced into the combustion zone.
4. For a flare, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also consider the requirements specified in Section 66264.1033(d).
5. For a condenser, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design organic compound concentration level, design average temperature of the condenser exhaust vent system, and design average temperatures of the coolant fluid at the condenser inlet and outlet.
6. For a carbon adsorption system such as a fixed-bed adsorber that regenerates the carbon bed directly on-site in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design exhaust vent stream organic compound concentration level, number, and capacity of carbon beds, type and working capacity of activated carbon used for carbon beds, design total steam flow over the period of each complete carbon bed regeneration cycle, duration of the carbon bed steaming and cooling/drying cycles, design carbon bed temperature after  regeneration, design carbon bed regeneration time, and design service life of carbon.
7. For a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly on-site in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic concentration level, capacity of carbon bed, type and working capacity of activated carbon used  for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule.
(D) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is  or would be operating at the highest load or capacity level reasonably expected to occur.
(E)  A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 percent or greater unless the total organic concentration limit of Section 66264.1032(a) is achieved at an efficiency less than 95 weight percent or the total organic emission limits of Section 66264.1032(a) for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent. A statement signed and dated by the control device manufacturer or vendor certifying that the control equipment meets the design specifications may be used to comply with this requirement.
(F) If performance tests are used to demonstrate compliance, all test results.
(c) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of this chapter shall be recorded and kept up-to-date in the facility operating record. The information shall include:
(1) description and date of each modification that is made to the closed-vent system or control device design;
(2)  identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with Section 66264.1033(f)(1) and (f)(2);
(3) monitoring, operating, and inspection information required by subsections  (f) through (k) of Section 66264.1033;
(4) date, time, and duration of each period of control device operation, when any monitored parameter exceeds the value established in the control device design analysis as specified below:
(A) for a thermal vapor incinerator designed to operate with a minimum residence time of 0.50 second at a minimum temperature of 760 degrees C, period when the combustion temperature is below 760  degrees C;
(B) for a thermal vapor incinerator designed to operate with an organic emission reduction efficiency of 95 weight percent or greater, period when the combustion zone temperature is more than 28 degrees C below the design average combustion zone temperature established as a requirement of subsection (b)(4)(C)1 of this section;
(C) for a catalytic vapor incinerator, period when:
1.  temperature of the vent stream at the catalyst bed inlet is more than 28 degrees C below the average temperature of the inlet vent stream established as a requirement of subsection (b)(4)(C)2 of this section; or
2. temperature difference across the catalyst bed is less than 80 percent of the design average temperature difference established as a requirement of subsection (b)(4)(C)2 of this section; and
(D) for a boiler or process heater, period when:
1. flame zone temperature is more than 28 degrees C below the design average flame zone temperature established as a requirement of subsection (b)(4)(C)3 of this section; or
2. position changes where the vent stream is introduced to the combustion zone from the location established as a requirement of paragraph (b)(4)(C)3 of this section; and
(E) for a flare, period when the pilot flame is not ignited;
(F) for a condenser that complies with Section 66264.1033(f)(2)(F)1, period when the organic compound concentration level or readings of organic compounds in the exhaust vent stream from the condenser are more than 20 percent greater than the design outlet organic compound concentration level established as a requirement of paragraph (b)(4)(C)5 of this section;
(G) for a condenser that complies with Section 66264.1033(f)(2)(F)2, period when:
1. temperature of the exhaust vent system stream from the condenser is more than 6 degrees C above the design average exhaust vent system stream temperature established as a requirement of subsection (b)(4)(C)5 of this section; or
2. temperature of the coolant fluid exiting the condenser is more than 6 degrees C above the design average coolant fluid temperature at the condenser outlet established as a requirement of subsection (b)(4)(C)5 of this section; and
(H) for a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device and complies with Section 66264.1033(f)(2)(G)1, period when the organic compound concentration level or readings of organic compounds in the exhaust vent system from the carbon bed are more than 20 percent greater than the design exhaust vent stream organic compound concentration level established as a  requirement of subsection (b)(4)(C)6 of this section;
(I) for a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device and complies with Section 66264.1033(f)(2)(G)(2), period when the vent stream continues to flow through the control device beyond the pre-determined carbon bed regeneration time established as a requirement of subsection (b)(4)(C)6 of this section;
(5) explanation for each period recorded under subsection (c)(4) of this section the cause for control device operating parameter exceeding the design value and the measure implemented to correct the control device operation;
(6) for a carbon adsorption system operated subject to requirements specified in Section 66264.1033(g) or Section 66264.1033(h)(2), date when existing carbon in the control device is  replaced with fresh carbon;
(7) for a carbon adsorption system operated subject to requirements specified in Section 66264.1033(h)(1), a log that records:
(A) date and time when control device is monitored for carbon breakthrough and the monitoring device reading;
(B) date when existing carbon in the control device is replaced with fresh carbon; and
(8) date of each control device start-up and shutdown.
(9) an owner or operator designating any components of a closed-vent system as unsafe to monitor pursuant to Section 66264.1033(o) shall record in a log that is kept in the facility operating record the identification of closed-vent system components that are designated as unsafe to monitor in accordance with the requirements of Section 66264.1033(o), an explanation for each closed-vent system component stating why the closed-vent system component is unsafe to monitor, and the plan for monitoring each closed-vent system component.
(10) when each leak is detected as specified in Section 66264.1033(l), the following information shall be recorded:
(A) the instrument identification number, the closed-vent system component identification number, and the operator name, initials, or identification number.
(B) the date the leak was detected and the date of first attempt to repair the leak.
(C) the date of successful repair of the leak.
(D) maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix A after it is successfully repaired or determined to be nonrepairable.
(E) "Repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.
1. the owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure.
2. if delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked on-site before depletion and the reason for depletion.
(d) Records of the monitoring, operating, and inspection information required by subsections (c)(3) through (c)(10) of this section shall be maintained by the owner or operator for at least 3 years following the date of each occurrence, measurement, maintenance, corrective action, or record.
(e) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, the Department will specify the appropriate recordkeeping requirements.
(f) Up-to-date information and data used to determine whether or not a process vent is subject to the requirements in Section 66264.1032, including supporting documentation as required by Section 66264.1034(d)(2), when application of the knowledge of the nature of the hazardous waste stream or the  process by which it was produced is used, shall be recorded in a log that is kept in the facility operating record.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 264.1035.25150, 
  
 



s 66264.1036. Reporting Requirements.
 (a) A semiannual report shall be submitted to the Department by owners and operators subject to the requirements of this article. The report shall be submitted by first week of February and August of each year. The report shall include the following information:
(1) the identification number, name, and address of the facility; and
(2) for each month during the semiannual reporting period:
(A) dates when any control device exceeded or operated outside of the design specifications, as defined in Section 66264.1035(c)(4) and as indicated by the control device monitoring required by Section 66264.1033(f) for more than 24 hours;
(B) dates when any flares operated with visible emissions as defined in Section 66264.1033(d) and as determined by Method 22 monitoring;
(C) the duration and cause of each exceedance or visible emissions; and
(D) any corrective measures taken.
(b) If, during the semiannual reporting period, the control device does not exceed or operate outside of the design specifications as defined in Section 66264.1035(c)(4) for more than 24 hours or a flare does not operate with visible emissions as defined in Section 66264.1033(d), a report to the Department is not required.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1036. 
  
 



s 66264.1050. Applicability.
 (a) The regulations in this article apply to owners and operators of facilities that treat, store, or dispose of RCRA hazardous wastes (except as provided in Section 66264.1).
(b) Except as provided in Section 66264.1064(k), this article applies to equipment that contains or contacts RCRA hazardous wastes with organic concentrations of at least 10 percent by weight that are managed in:
(1) units that are subject to the permitting requirements of Chapter 20; or
(2) hazardous waste recycling units that are located on hazardous waste management facilities otherwise subject to the federal RCRA TSDF permitting requirements of Chapter 20.
(c) If the owner or operator of equipment subject to the requirements of Sections 66264.1052 through 66264.1065 has received a permit under Section 25200 of the H&SC, requirements of Sections 66264.1052 through 66264.1065 shall be incorporated when the permit is reissued under Section 66271.14 or reviewed under Section 66270.50.
(d) Each piece of equipment to which this article applies shall be marked in such a manner that it can be distinguished readily from other pieces of equipment.
(e) Equipment that is in vacuum service is exempt from the requirements of Section 66264.1052 through Section 66264.1060 if it is identified as required in Section 66264.1064(g)(5).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1050. 
  
 



s 66264.1052. Standards: Pumps in Light Liquid Service.
 (a)(1) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in Section 66264.1063(b), except as provided in subsections (d), (e), and (f) of this section.
(2) Each pump in light liquid service shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal.
(b)(1) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(2) If there are indications of liquids dripping from the pump seal, a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in Section 66264.1059.
(2) A first attempt at repair (e.g., tightening the packing gland) shall be made no later than one day (24 hours) after each leak is detected.
(d) Each pump equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of subsection (a) of this section, provided the following requirements are met:
(1) each dual mechanical seal system shall be:
(A) operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure;
(B) equipped with a barrier fluid degassing reservoir that is connected by a closed-vent system to a control device that complies with the requirements of Section 66264.1060; or
(C) equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to the atmosphere.
(2) The barrier fluid system shall not be a hazardous waste with organic concentrations 10 percent or greater by weight.
(3) Each barrier fluid system shall be equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both.
(4) Each pump shall be checked by visual inspection, each calendar week, for indications of liquids dripping from the pump seals.
(5)(A) Each sensor as described in subsections (d)(3) of this section shall be checked daily or be equipped with an audible alarm that shall be checked monthly to ensure that it is functioning properly.
(B) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.
(6)(A) If there are indications of liquids dripping from the pump seal or the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined in subsection (d)(5)(B) of this section, a leak is detected.
(B) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in Section 66264.1059.
(C) A first attempt at repair (e.g., relapping the seal) shall be as soon as possible, to minimize escape of hazardous constituents to the environment, but not later than 24 hours after each leak is detected.
(e) Any pump that is designated, as described  in Section 66264.1064(g)(2), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subsections (a), (c), and (d) of this section if the pump meets the following requirements:
(1) the pump shall have no externally actuated shaft that shall penetrate the pump housing;
(2) the pump shall operate with no detectable emissions as indicated by an instrument reading of less than 500 ppm above background as measured by the methods specified in Section 66264.1063(c); and
(3) the pump must be tested for compliance with subsection (e)(2) of this section initially upon designation, annually, and at other times as required by the Department.
(f) If any pump is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal or seals to a control device that complies with the requirements of Section 66264.1060, it is exempt from the requirements of subsections (a) through (e) of this section.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1052. 
  
 



s 66264.1053. Standards: Compressors.
 (a) Each compressor shall be equipped with a seal system that includes a barrier fluid system and that prevents leakage of total organic emissions to the atmosphere, except as provided in subsections (h) and (i) of this section.
(b) Each  compressor seal system as required in subsection (a) of this section shall be:
(1) operated with the barrier fluid at a pressure that is at all times greater than the compressor stuffing box pressure; or
(2) equipped with a barrier fluid system that is connected by a closed-vent system to a control device that complies with the requirements of Section 66264.1060; or
(3) equipped with a system that purges the barrier fluid into a hazardous waste stream with no  detectable emissions to the atmosphere.
(c) The barrier fluid shall not be a hazardous waste with organic concentrations ten percent or greater by weight.
(d) Each barrier fluid system as described in subsections (a) through (c) of this section shall be  equipped with a sensor that will detect failure of the seal system, barrier fluid system or both.
(e)(1) Each sensor as required in subsection (d) of this section shall be checked daily or shall be equipped with an audible alarm that shall be checked monthly to ensure that it is functioning properly unless the compressor is located within the boundary of an unstaffed plant site, in which case the sensor shall be checked daily.
(2) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.
(f) If the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined under subsection (e)(2) of this section, a leak is detected.
(g)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in Section 66264.1059.
(2) A first attempt at repair (e.g., tightening the packing gland) shall be made as soon as possible, to minimize escape of hazardous constituents to the environment, but no later than 24 hours after each leak is detected.
(h) A compressor is exempt from the requirements of subsections (a) and (b) of this section if it is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal to a control device that complies with the requirements of Section 66264.1060, except as provided in subsection (i) of this section.
(i) Any compressor that is designated, as described in Section 66264.1064(g)(2), for no detectable emissions as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subsections (a) through (h) of this section if the compressor:
(1) is determined to be operating with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in Section 66264.1063(c); and
(2) is tested for compliance with subsection (i)(1) of this section initially upon designation, annually, and at any other time required by the Department upon a determination by the Department that testing for compliance is necessary to protect human health or the environment.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1053. 
  
 



s 66264.1054. Standards: Pressure Relief Devices in Gas/Vapor Service.
 (a) Except during pressure releases, each pressure relief device in gas/vapor service shall be operated with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in Section 66264.1063(c).
(b)(1) After each pressure release, the pressure relief device shall be returned to a condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as soon as practicable, but no later than 24 hours after each pressure release, except as provided in Section 66264.1059.
(2) No later than 24 hours after the pressure release, the pressure relief device shall be monitored to confirm the condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in Section 66264.1063(c).
(c) Any pressure relief device that is equipped with a closed-vent system capable of capturing and transporting leakage from the  pressure re lief device to a control device as described in Section 66264.1060 is exempt from the requirements of subsections (a) and (b) of this section.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1054. 
  
 



s 66264.1055. Standards: Sampling Connecting Systems.
 (a) Each sampling connection system shall be equipped with a closed purge system or closed-vent system.
(b) Each closed-purge system or closed-vent system as required in subsection  (a) shall:
(1) return the purged hazardous waste stream directly to the hazardous waste management process line with no detectable emissions to atmosphere; or
(2)  collect and recycle the purged hazardous waste stream with no detectable emissions to atmosphere; or
(3) be designed and operated to capture and transport all the purged hazardous waste stream to a control device that complies with the requirements of Section 66264.1060.
(c) In situ sampling systems are exempt from the requirements of subsections  (a) and (b) of this section.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1055. 
  
 



s 66264.1056. Standards: Open-ended Valves or Lines.
 (a)(1)  Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve.
(2) The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring hazardous waste stream flow through open-ended valve or line.
(b) Each open-ended valve or line equipped with a second valve shall  be operated in a manner such that the valve on the hazardous waste stream end is closed before the second valve is closed.
(c) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with subsection (a) of this section at all other times.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1056. 
  
 



s 66264.1057. Standards: Valves in Gas/Vapor Service or in Light Liquid Service.
 (a) Each valve in gas/vapor or light liquid service shall be monitored monthly to detect leaks by the methods specified in Section 66264.1063(b) and shall comply with subsections (c) and shall comply with (d) and (e) of this section, except as provided in subsections (f), (g), and (h) of this section, and Sections 66264.1061 and 66264.1062.
(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(c)(1) Any valve for which a leak is not detected for two successive months shall be monitored the first month of every succeeding quarter, beginning with the next quarter, until a leak is detected.
(2) If a leak is detected, the valve shall be monitored monthly until a leak is not detected for two successive months.
(d)(1) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in Section 66264.1059.
(2) A first attempt at repair shall be made as soon as possible to minimize escape of hazardous constituents to the environment but no later than 24 hours after each leak is detected.
(e) First attempts at repair include, but are not limited to, the following best practices where practicable:
(1) tightening of bonnet bolts;
(2) replacement of bonnet bolts;
(3) tightening of packing gland nuts; and
(4) injection of lubricant into lubricated packing.
(f) Any valve that is designated, as described in Section 66264.1064(g)(2), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subsection (a) of this section if the valve:
(1) has no external actuating mechanism in contact with the hazardous waste stream;
(2) is operated with emissions less than 500 ppm above background as determined by the method specified in Section 66264.1063(c); and
(3) is tested for compliance with paragraph (f)(2) of this section initially upon designation, annually, and at other times as required by the Department.
(g) Any valve that is designated, as described in Section 66264.1064(h)(1), as an unsafe-to-monitor valve is exempt from the requirements of subsection (a) of this section if:
(1) the owner or operator of the valve determines (written explanation in the operating record) that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraph (a) of this section; and
(2) the owner or operator of the valve adheres to a written plan that requires monitoring of the valve as frequently as practicable.
(h) Any valve that is designated, as described in Section 66264.1064(h)(2), as a difficult-to-monitor valve is exempt from the requirements of subsection (a) of this section if:
(1) the owner or operator of the valve determines that the valve cannot be monitored without elevating the monitoring personnel more than two meters above a support surface; and
(2) the hazardous waste management unit within which the valve is located was in operation before June 21, 1990, for units that transfer, treat, store, or dispose of RCRA hazardous wastes, unless the owner/operator of the unit is exempt from regulation under 40 CFR, Section 264.1.
(3) the owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR, Section 264.1057. 
  
 



s 66264.1058. Standards: Pumps and Valves in Heavy Liquid Service, Pressure Relief Devices in Light Liquid or Heavy Liquid Service, and Flanges and Other Connectors.
 (a) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors shall be monitored within five days by the method specified in Section 66264.1063(b) if evidence of a potential leak is found by visual, audible, olfactory, or any other detection method.
(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in Section 66264.1059.
(2) The first attempt at repair shall be made no later than 24 hours after each leak is detected.
d) First attempts at repair include, but are not limited to, the best practices described under Section 66264.1057(e).
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1058. 
  
 



s 66264.1059. Standards: Delay of Repair.
 (a) Delay of repair of equipment for which leaks have been detected will be allowed if the repair is technically infeasible without a hazardous waste management unit shutdown. In such a case, repair of this equipment shall occur before the end of the next hazardous waste management unit shutdown.
(b) Delay of repair of equipment for which leaks have been detected will be allowed for equipment that is isolated from the hazardous waste management unit and that does not continue to contain or contact hazardous waste with organic concentrations at least ten percent by weight.
(c) Delay of repair for valves will be allowed if:
(1) the owner of operator determines that emissions of purged material resulting from immediate repair are greater than the emissions likely to result from delay of repair; and
(2) when repair procedures are effected, the purged material is collected and destroyed or recovered in a control device complying with Section 66264.1060.
(d) Delay of repair for pumps will be allowed if:
(1) repair requires the use of a dual mechanical seal system that includes a barrier fluid system; and
(2) repair is completed as soon as practicable, but not later than six months after the leak was detected.
(e) Delay of repair beyond a hazardous waste management unit shutdown will be allowed for a valve if valve assembly replacement is necessary during the hazardous waste management unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next hazardous waste management unit shutdown will not be allowed unless the next hazardous waste management unit shutdown occurs sooner than six months after the first hazardous waste management unit shutdown.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1059. 
  
 



s 66264.1060. Standards: Closed-vent Systems and Control Devices.
The owners or operators of closed-vent systems and control devices shall comply with the provisions of Section 66264.1033.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1060. 
  
 



s 66264.1061. Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Percentage of Valves Allowed to Leak.
 (a) An owner or operator subject to the requirements of Section 66264.1057 may elect to have all valves within a hazardous waste management unit comply with an alternative standard that allows no greater than two percent of the valves to leak.
(b) The following requirements shall be met if an owner or operator decides to comply with an alternative standard which allows two percent of the valves to leak:
(1) an owner or operator shall notify the Department that the owner or operator has elected to comply with the requirements of this section;
(2) a performance test as specified in paragraph (c) of this section shall be conducted initially upon designation, annually, and at any other time required by the Department upon a determination by the Department that a performance test is necessary to protect human health or to the environment; and
(3) if a valve leak is detected, it shall be repaired in accordance with Sections 66264.1057(d) and (e).
(c) For the purpose of determining when the alternative standard should be allowed under subsection (a), performance tests shall be conducted in the following manner:
(1) all valves subject to the requirements in Section 66264. 1057 within the hazardous waste management unit shall be monitored within one week period by the methods specified in Section 66264.1063(b);
(2) if an instrument reading of 10,000 ppm or greater is measured, a leak is detected; and
(3) the leak percentage shall be determined by dividing the number of valves subject to the requirements in Section 66264.1057 for which leaks are detected by the total number of valves subject to the requirements in Section 66264.1057 within the hazardous waste management unit.
(d) If an owner or operator decides to no longer comply with this section, the owner or operator shall notify the Department in writing that the work practice standard described in Section 66264.1057(a) through (e) will be followed.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1061. 
  
 



s 66264.1062. Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Skip Period Leak Detection and Repair.
 (a)(1) An owner or operator subject to the requirements of Section 66264.1057 shall elect for all valves within a hazardous waste management unit to comply with one of the alternative work practices specified in subsections (b)(2) and (3) of this section.
(2) An owner or operator shall notify the Department before implementing one of the alternative work practices.
(b)(1) An owner or operator shall comply with the requirements for valves, as described in Section 66264.1057, except as described in subsections (b)(2) and (b)(3) of this section.
(2) After two consecutive quarterly leak detection periods within the percentage of valves leaking equal to or less than two percent, an owner or operator may begin to skip one of the quarterly leak detection periods for the valves subject to the requirements in Section 66264.1057.
(3) After five consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than two percent, an owner or operator may begin to skip three of the quarterly leak detection periods for he valves subject to the requirements in Section 66264.1057.
(4) If the percentage of valves leaking is greater than two percent, the owner or operator shall monitor monthly in compliance with the requirements in Section 66264.1057, but may again elect to use this section after meeting the requirements of Section 66264.1057(c)(1).
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1062. 
  
 



s 66264.1063. Test Methods and Procedures.
 (a) Each owner or operator subject to the provisions of this article shall comply with the test methods and procedures requirements provided in this section.
(b) Leak detection monitoring, as required in Sections 66264.1052 through 66264.1062, shall comply with the following requirements:
(1) monitoring shall comply with Reference Method 21 in 40 CFR, part 60;
(2) the detection instrument shall meet the performance criteria of Reference Method 21 in CFR, part 60.
(3) the instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21 in 40 CFR, part 60;
(4) Calibration gases shall be:
(A) zero air (less than 10 ppm of hydrocarbon in air); and
(B) a mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane;
(5) the instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21 in 40 CFR, part 60.
(c) When equipment is tested for compliance with no detectable emissions, as required in Sections 66264.1052(e), 66264.1053(i), 66264.1054, and 66264.1057(f), the test shall comply with the following requirements:
(1) the requirements of subsections (b)(1) through (4) of this section shall apply;
(2) the background level shall be determined as set forth in Reference Method 21 in CFR, part 60;
(3) the instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21 in 40 CFR, part 60; and
(4) the arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared with 500 ppm for determining compliance.
(d) In accordance with the waste analysis plan required by Section 66264.13(b), an owner or operator of a facility shall determine, for each piece of equipment, whether the equipment contains or contacts a hazardous waste with organic concentration that equals or exceeds ten percent by weight using the following:
(1) methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85  (incorporated by reference under Section 66260.11);
(2) method 9060 or 8260 of SW-846, third edition and updates, (as incorporated by reference under Section 66260.11); or
(3) application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced. Documentation of a waste determination by knowledge is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to have a total organic content less than ten percent, or prior speciation analysis results on the same waste stream where it can also be documented that no process changes have occurred since that analysis that could affect the total organic concentration of the waste.
(e) If an owner or operator determines that a piece of equipment contains or contacts a hazardous waste with organic concentrations at least ten percent by weight, the determination can be revised only after following the procedures in subsection (d)(1) or (d)(2) of this section.
(f) When an owner or operator and the Department do not agree on whether a piece of equipment contains or contacts a hazardous waste with organic concentrations at least ten percent by weight, the procedures in paragraph (d)(1) or (d)(2) of this section shall be used to resolve the dispute.
(g) Samples used in determining the percent organic content shall be representative of the highest total organic content hazardous waste that is expected to be contained in or contact the equipment.
(h) To determine if pumps or valves are in light liquid service, the vapor pressures of constituents may be obtained from standard reference texts or may be determined by ASTM  D-2879-86 (incorporated by reference under Section 66260.11).
(i) Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall comply with the procedures of Section 66264.1034(c)(1) through (c)(4).
 
  Note: Authority cited: Sections 25141, 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1063. 
  
 



s 66264.1064. Recordkeeping Requirements.
 (a)(1) Each owner or operator subject to the provisions of this article shall comply with the recordkeeping requirements of this section.
(2) An owner or operator of more than one hazardous waste management unit subject to the provisions of this article may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.
(b) Owners and operators shall record the following information in the facility operating record:
(1) for each piece of equipment to which this article applies:
(A) equipment identification number and hazardous waste management unit identification;
(B) approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan);
(C) type of equipment (e.g., a pump or pipeline valve);
(D) percent-by-weight total organics in the hazardous waste stream at the equipment;
(E) hazardous waste state at the equipment (e.g., gas/vapor or liquid);
(F) method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals");
(2) for facilities that comply with the provisions of Section 66264.1033(a)(2), an implementation schedule as specified in Section 66264.1033(a)(2);
(3) an owner or operator who chooses to use test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device, shall record a performance test plan as specified in Section 66264.1035(b)(3); and
(4) documentation of compliance with Section 66264.1060; including the detailed design documentation or performance test results specified in Section 66264.1034(b)(4).
(c) When each leak is detected as specified in Sections 66264.1052, 66264.1053, 66264.1057, and 66264.1058, the following requirements apply:
(1) a weatherproof and readily visible identification, marked with the equipment identification number, the date evidence of a potential leak was found in accordance with Section 66264.1058(a), and the date the leak was detected, shall be attached to the leaking equipment;
(2) the identification on equipment, except on a valve, may be removed after it has been repaired; and
(3) the identification on a valve may be removed after it has been monitored for two successive months as specified in Sections 66264.1057(c) and no leak has been detected during those two months.
(d) When each leak is detected as specified in Sections 66264.1052, 66264.1053, 66264.1057, and 66264.1058, the following information shall be recorded in an inspection log and shall be kept in the facility operating record:
(1) the instrument and operator identification numbers and the equipment identification number;
(2) the date evidence of a potential leak was found in accordance with Section 66264.1058(a);
(3) the date the leak was detected and the dates of each attempt to repair the leak;
(4) repair methods applied in each attempt to repair the leak;
(5) "above 10,000" if the maximum instrument reading measured by the methods specified in Section 6626.1063(b) after each repair attempt is equal to or greater than 10,000 ppm;
(6) "repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak;
(7) source of documentation supporting the delay of repair of a valve in compliance with Section 66264.1059(c);
(8) name and the signature of the owner or operator (or designate) whose decision it was that repair could not be effected without a hazardous waste management unit shutdown;
(9) the expected date of successful repair of the leak if a leak is not repaired within 15 calendar days; and
(10) the date of successful repair of the leak.
(e) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of Section 66264.1060 shall be recorded and kept up-to-date in the facility operating record as specified in Section 66264.1035(c). Design documentation is specified in Section 66264.1035(c)(1) and (c)(2), and monitoring, operating, and inspection information is specified in 66264.1035(c)(3) through (c)(8).
(f) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, the Department will specify the appropriate recordkeeping requirements.
(g) The following information pertaining to all equipment subject to the requirements in Sections 66264.1052 through 66264.1060 shall be recorded in a log that is kept in the facility operating record:
(1) a list of identification numbers for equipment (except welded fittings) subject to the requirements of this article;
(2)(A) a list of identification numbers for equipment that the owner or operator elects to designate for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, under the provisions of Sections 66264.1052(e), 66264.1053(i), and 66264.1057(f);
(B) the designation of this equipment as subject to the requirements of Sections 66264.1052(e), 66264.1053(i), or 66264.1057(f), and 66264.1057(f) shall be signed by the owner or operator;
(3) a list of equipment identification numbers for pressure relief devices required to comply with Section 66264.1054(a).
(4)(A) the dates of each compliance test required in Sections 66264.1052(e), 66264.1053(i), 66264.1054, and 66264.1057(f);
(B) the background level measured during each compliance test;
(C) the maximum instrument reading measured at the equipment during each compliance test; and
(5) a list of identification numbers for equipment in vacuum service.
(h) The following information pertaining to all valves subject to the requirements of Section 66264.1057(g) and (h) shall be recorded in a log that is kept in the facility operating record:
(1) a list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve;
(2) a list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the planned schedule for monitoring each valve.
(i) The following information shall be recorded in the facility operating record for valves complying with Section 66264.1062:
(1) a schedule of monitoring; and
(2) the percent of valves found leaking during each monitoring period.
(j) The following information shall be recorded in a log that is kept in the facility operating record:
(1) criteria required in Section 66264.1052(d)(5)(B) and Section 66264.1053(e)(2) and an explanation of the design criteria; and
(2) any changes to these criteria and the reasons for the changes;
(k) The following information shall be recorded in a log that is kept in the facility operating record for use in determining exemptions as provided in the applicability section of this article and other specific articles:
(1) an analysis determining the design capacity of the hazardous waste management unit;
(2) a statement listing the hazardous waste influent to and effluent from each hazardous waste management unit subject to the requirements in Sections 66264.1052 through 66264.1060 and an analysis determining whether these hazardous wastes are heavy liquids; and
(3) an up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements in Sections 66264.1052 through 66264.1060. The record shall include supporting documentation as required by Section 66264.1063(d)(3) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used. If the owner or operator takes any action (e.g., changing the process that produced the waste) that could result in an increase in the total organic content of the waste contained in or contacted by equipment determined not to be subject to the requirements in Sections 66264.1052 through 66264.1060, then a new determination is required.
(1) Records of the equipment leak information required by paragraph (d) of this section and the operating information required by paragraph (e) of this section shall be kept only three years.
(m) The owner or operator of any facility that is subject to this article and to regulations at 40 CFR, Part 60, Subpart VV, or 40 CFR, Part 61, Subpart V, of this division may elect to determine compliance with this article by documentation either pursuant to Section 66264.1064, or pursuant to those provisions of 40 CFR, Part 60 or Part 61, to the extent that the documentation under the regulation at 40 CFR, Part 60 or Part 61 duplicates the documentation required under this article. The documentation required by the regulation at 40 CFR, Part 60 or Part 61 shall be kept with or made readily available with the facility operating record.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1064. 
  
 



s 66264.1065. Reporting Requirements.
 (a) A semiannual report shall be submitted by owners and operators subject to the requirements of this article to the Department by first week of February and August of each year. The report shall include the following information:
(1) the identification number, name, and address of the facility;
(2) for each month during the semiannual reporting period:
(A) the equipment identification number of each valve for which leak was not repaired as required in Section 66264.1057(d);
(B) the equipment identification number of each pump for which a leak was not repaired as required in Section 66264.1052(c) and (d)(6); and
(C) the equipment identification number of each compressor for which a leak was not repaired as required in Section 66264.1053(g);
(3) dates of hazardous waste management unit shutdowns that occurred within the semiannual reporting period; and
(4) for each month during the semiannual reporting period:
(A) dates when the control device, installed as required by Section 66264.1052, 66264.1053, 66264.1054, or 66264.1055, exceeded or operated outside of the design specifications as defined in Section 66264.1064(e) and as indicated by the control device monitoring required by Section 66264.1060 for more than 24 hours;
(B) the duration and cause of each excess emissions; and
(C) any corrective measures taken.
(b) If, during the semiannual reporting period, leaks from valves, pumps, and compressors are repaired as required in Sections 66264.1057(d), 66264.1052(c) and (d)(6), and 66264.1053(g), respectively, and the control device does not exceed or operate outside of the design specifications as defined in Section 66264.1064(e) for more than 24 hours, a report to the Department is not required.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1065. 
  
 



s 66264.1080. Applicability.
 (a) The requirements of this article apply to owners and operators of all facilities that treat, store, or dispose of RCRA hazardous waste in tanks, surface impoundments, or containers subject to either articles 9, 10, or 11 except as section 66264.1 and subsection (b) of this section provide otherwise.
(b) The requirements of this article do not apply to the following waste management units at the facility:
(1) A waste management unit that holds hazardous waste placed in the unit before December 6, 1996, and in which no hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design capacity less than or equal to 0.1 m  [FN3].
(3) A tank in which an owner or operator has stopped adding hazardous waste and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner or operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
(5) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as a result of implementing remedial activities required under the corrective action authorities of RCRA sections 3004(u), 3004(v), or 3008(h); CERCLA authorities, or similar Federal or State authorities.
(6) A waste management unit that is used solely for the management of radioactive mixed waste in accordance with all applicable regulations under the authority of the Atomic Energy Act and the Nuclear Waste Policy Act.
(7) A hazardous waste management unit that the owner or operator certifies is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63. For the purpose of complying with this subsection, a tank for which the air emission control includes an enclosure, as opposed to a cover, must be in compliance with the enclosure and control device requirements of section 66264.1084(i), except as provided in section 66264.1082(c)(5).
(8) A tank that has a process vent as defined in section 66260.10.
(c) For the owner and operator of a facility subject to this article who received a final permit under RCRA section 3005 prior to December 6, 1996, the requirements of this article shall be incorporated into the permit when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of section 66270.50(d) of this division. Until such date when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of section 66270.50(d), the owner and operator is subject to the requirements of chapter 15, article 28.5.
(d) The requirements of this article, except for the recordkeeping requirements specified in section 66264.1089(i) are administratively stayed for a tank or a container used for the management of hazardous waste generated by organic peroxide manufacturing and its associated laboratory operations when the owner or operator of the unit meets all of the following conditions:
(1) The owner or operator identifies that the tank or container receives hazardous waste generated by an organic peroxide manufacturing process producing more than one functional family of organic peroxides or multiple organic peroxides within one functional family, that one or more of these organic peroxides could potentially undergo self-accelerating thermal decomposition at or below ambient temperatures, and that organic peroxides are the predominant products manufactured by the process. For the purpose of meeting the conditions of this subsection, "organic peroxide" means an organic compound that contains the bivalent -O-O-structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.
(2) The owner or operator prepares documentation, in accordance with the requirements of section 66264.1089(i) of this article, explaining why an undue safety hazard would be created if air emission controls specified in sections 66264.1084 through 66264.1087 are installed and operated on the tanks and containers used at the facility to manage the hazardous waste generated by the organic peroxide manufacturing process or processes meeting the conditions of subsection (d)(1) of this section.
(3) The owner or operator notifies the Department in writing that hazardous waste generated by an organic peroxide manufacturing process or processes meeting the conditions of subsection (d)(1) of this section are managed at the facility in tanks or containers meeting the conditions of subsection (d)(2) of this section. The notification shall state the name and address of the facility, and be signed and dated by an authorized representative of the facility owner or operator.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1080. 
  
 



s 66264.1082. Standards: General.
 (a) This section applies to the management of hazardous waste in tanks, surface impoundments, and containers subject to this article.
(b) The owner or operator shall control air pollutant emissions from each waste management unit in accordance with standards specified in sections 66264.1084 through 66264.1087, as applicable to the hazardous waste management unit, except as provided for in subsection (c) of this section.
(c) A tank, surface impoundment, or container is exempt from standards specified in sections 66264.1084 through 66264.1087 as applicable, provided that the waste management unit is one of the following:
(1) A tank, surface impoundment, or container for which all hazardous waste entering the unit has an average VO concentration at the point of waste origination of less than 500 parts per million by weight (ppmw). The average VO concentration shall be determined using the procedures specified in section 66264.1083(a). The owner or operator shall review and update, as necessary, this determination at least once every 12 months following the date of the initial determination for the hazardous waste streams entering the unit.
(2) A tank, surface impoundment, or container for which the organic content of all the hazardous waste entering the waste management unit has been reduced by an organic destruction or removal process that achieves any one of the following conditions:
(A) A process that removes or destroys the organics contained in the hazardous waste to a level such that the average VO concentration of the hazardous waste at the point of waste treatment is less than the exit concentration limit (Ct) established for the process. The average VO concentration of the hazardous waste at the point of waste treatment and the exit concentration limit for the process shall be determined using the procedures specified in section 66264.1083(b).
(B) A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the average VO concentration of the hazardous waste at the point of waste treatment is less than 100 ppmw. The organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in section 66264.1083(b).
(C) A process that removes or destroys the organics contained in the hazardous waste to a level such that the actual organic mass removal rate (MR) for the process is equal to or greater than the required organic mass removal rate (RMR) established for the process. The required organic mass removal rate and the actual organic mass removal rate for the process shall be determined using the procedures specified in section 66264.1083(b).
(D) A biological process that destroys or degrades the organics contained in the hazardous waste, such that either of the following conditions is met:
1. The organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the organic biodegradation efficiency (Rbio) for the process is equal to or greater than 95 percent. The organic reduction efficiency and the organic biodegradation efficiency for the process shall be determined using the procedures specified in section 66264.1083(b).
2. The total actual organic mass biodegradation rate (MRbio) for all hazardous waste treated by the process is equal to or greater than the required organic mass removal rate (RMR). The required organic mass removal rate and the actual organic mass biodegradation rate for the process shall be determined using the procedures specified in section 66264.1083(b).
(E) A process that removes or destroys the organics contained in the hazardous waste and meets all of the following conditions:
1. From the point of waste origination through the point where the hazardous waste enters the treatment process, the hazardous waste is managed continuously in waste management units which use air emission controls in accordance with the standards specified in sections 66264.1084 through 66264.1087, as applicable to the waste management unit.
2. From the point of waste origination through the point where the hazardous waste enters the treatment process, any transfer of the hazardous waste is accomplished through continuous hard-piping or other closed system transfer that does not allow exposure of the waste to the atmosphere. The EPA considers a drain system that meets the requirements of 40 CFR part 63, subpart RR-- National Emission Standards for Individual Drain Systems to be a closed system.
3. The average VO concentration of the hazardous waste at the point of waste treatment is less than the lowest average VO concentration at the point of waste origination determined for each of the individual waste streams entering the process or 500 ppmw, whichever value is lower. The average VO concentration of each individual waste stream at the point of waste origination shall be determined using the procedures specified in section 66264.1083(a). The average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in section 66264.1083(b).
(F) A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent and the owner or operator certifies that the average VO concentration at the point of waste origination for each of the individual waste streams entering the process is less than 10,000 ppmw. The organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste origination shall be determined using the procedures specified in sections 66264.1083(b) and 66264.1083(a), respectively.
(G) A hazardous waste incinerator for which the owner or operator has either:
1. Been issued a final permit under chapter 20 which implements the requirements of article 15 of this chapter; or
2. Has designed and operates the incinerator in accordance with the interim status requirements of chapter 15, article 15 of this division.
(H) A boiler or industrial furnace for which the owner or operator has either:
1. Been issued a final permit under chapter 20 which implements the requirements of chapter 16, article 8, or
2. Has designed and operates the boiler or industrial furnace in accordance with the interim status requirements of chapter 16, article 8 of this division.
(I) For the purpose of determining the performance of an organic destruction or removal process in accordance with the conditions in each of subsections (c)(2)(A) through (c)(2)(F) of this section, the owner or operator shall account for VO concentrations determined to be below the limit of detection of the analytical method by using the following VO concentration:
1. If Method 25D in 40 CFR part 60, appendix A is used for the analysis, one-half the blank value determined in the method at section 4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25 ppmw, whichever is less.
2. If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the waste that has a Henry's law constant value at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10 <<super>>-6  atmospheres/gram-mole/m <<super>>3 ] at 25 degrees Celsius.
(3) A tank or surface impoundment used for biological treatment of hazardous waste in accordance with the requirements of subsection (c)(2)(D) of this section.
(4) A tank, surface impoundment, or container for which all hazardous waste placed in the unit either:
(A) Meets the numerical concentration limits for organic hazardous constituents, applicable to the hazardous waste, as specified in chapter 18-- Land Disposal Restrictions under Table "Treatment Standards for Hazardous Waste" in section 66268.40; or
(B) The organic hazardous constituents in the waste have been treated by the treatment technology established by the Department for the waste in section 66268.42(a), or have been removed or destroyed by an equivalent method of treatment approved by the Department pursuant to section 66268.42(b).
(5) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the following conditions are met:
(A) The tank is located inside an enclosure vented to a control device that is designed and operated in accordance with all applicable requirements specified under 40 CFR part 61, subpart FF--National Emission Standards for Benzene Waste Operations for a facility at which the total annual benzene quantity from the facility waste is equal to or greater than 10 megagrams per year;
(B) The enclosure and control device serving the tank were installed and began operation prior to November 25, 1996 and
(C) The enclosure is designed and operated in accordance with the criteria for a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical or electrical equipment; or to direct air flow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" annually.
(d) The Department may at any time perform or request that the owner or operator perform a waste determination for a hazardous waste managed in a tank, surface impoundment, or container exempted from using air emission controls under the provisions of this section as follows:
(1) The waste determination for average VO concentration of a hazardous waste at the point of waste origination shall be performed using direct measurement in accordance with the applicable requirements of section 66264.1083(a). The waste determination for a hazardous waste at the point of waste treatment shall be performed in accordance with the applicable requirements of section 66264.1083(b).
(2) In performing a waste determination pursuant to subsection (d)(1) of this section, the sample preparation and analysis shall be conducted as follows:
(A) In accordance with the method used by the owner or operator to perform the waste analysis, except in the case specified in subsection (d)(2)(B) of this section.
(B) If the Department determines that the method used by the owner or operator was not appropriate for the hazardous waste managed in the tank, surface impoundment, or container, then the Department may choose an appropriate method.
(3) In a case when the owner or operator is requested to perform the waste determination, the Department may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.
(4) In a case when the results of the waste determination performed or requested by the Department do not agree with the results of a waste determination performed by the owner or operator using knowledge of the waste, then the results of the waste determination performed in accordance with the requirements of subsection (d)(1) of this section shall be used to establish compliance with the requirements of this article.
(5) In a case when the owner or operator has used an averaging period greater than 1 hour for determining the average VO concentration of a hazardous waste at the point of waste origination, the Department may elect to establish compliance with this article by performing or requesting that the owner or operator perform a waste determination using direct measurement based on waste samples collected within a 1-hour period as follows:
(A) The average VO concentration of the hazardous waste at the point of waste origination shall be determined by direct measurement in accordance with the requirements of section 66264.1083(a).
(B) Results of the waste determination performed or requested by the Department showing that the average VO concentration of the hazardous waste at the point of waste origination is equal to or greater than 500 ppmw shall constitute noncompliance with this article except in a case as provided for in subsection (d)(5)(C) of this section.
(C) For the case when the average VO concentration of the hazardous waste at the point of waste origination previously has been determined by the owner or operator using an averaging period greater than 1 hour to be less than 500 ppmw but because of normal operating process variations the VO concentration of the hazardous waste determined by direct measurement for any given 1-hour period may be equal to or greater than 500 ppmw, information that was used by the owner or operator to determine the average VO concentration of the hazardous waste (e.g., test results, measurements, calculations, and other documentation) and recorded in the facility records in accordance with the requirements of Sections 66264.1083(a) and 66264.1089 shall be considered by the Department together with the results of the waste determination performed or requested by the Department in establishing compliance with this article.
NOTE: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR  Section 264.1082.




s 66264.1083.  Waste Determination Procedures.
 (a) Waste determination procedure to determine average volatile organic (VO) concentration of a hazardous waste at the point of waste origination.
(1) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in a waste management unit exempted under the provisions of Section 66264.1082(c)(1) from using air emission controls in accordance with standards specified in Sections 66264.1084 through 66264.1087, as applicable to the waste management unit.
(A) An initial determination of the average VO concentration of the waste stream shall be made before the first time any portion of the material in the hazardous waste stream is placed in a waste management unit exempted under the provisions of section 66264.1082(c)(1) from using air emission controls, and thereafter an initial determination of the average VO concentration of the waste stream shall be made for each averaging period that a hazardous waste is managed in the unit; and
(B) Perform a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater than the applicable VO concentration limits specified in section 66264.1082.
(2) For a waste determination that is required by subsection (a)(1) of this section, the average VO concentration of a hazardous waste at the point of waste origination shall be determined in accordance with the procedures specified in Section 66265.1084(a)(2) through (a)(4).
(b) Waste determination procedures for treated hazardous waste.
(1) An owner or operator shall perform the applicable waste determinations for each treated hazardous waste placed in waste management units exempted under the provisions of Sections 66264.1082(c)(2)(A) through (c)(2)(F) from using air emission controls in accordance with standards specified in Sections 66264.1084 through 66264.1087, as applicable to the waste management unit.
(A) An initial determination of the average VO concentration of the waste stream shall be made before the first time any portion of the material in the treated waste stream is placed in the exempt waste management unit, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination; and
(B) Perform a new waste determination whenever changes to the process generating or treating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level such that the applicable treatment conditions specified in section 66264.1082(c)(2) are not achieved.
(2) The waste determination for a treated hazardous waste shall be performed in accordance with the procedures specified in subsections 66265.1084(b)(2) through (b)(9), as applicable to the treated hazardous waste.
(c) Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.
(1) An owner or operator shall determine the maximum organic vapor pressure for each hazardous waste placed in a tank using Tank Level 1 controls in accordance with standards specified in Section 66264.1084(c).
(2) The maximum organic vapor pressure of the hazardous waste may be determined in accordance with the procedures specified in subsections 66265.1084(c)(2) through (c)(4).
(d) The procedure for determining no detectable organic emissions for the purpose of complying with this article shall be conducted in accordance with the procedures specified in Section 66265.1084(d).
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.1083.
 



s 66265.1084. Standards: Tanks.
 (a) The provisions of this section apply to the control of air pollutant emissions from tanks for which section 66264.1082(b) references the use of this section for such air emission control.
(b) The owner or operator shall control air pollutant emissions from each tank subject to this section in accordance with the following requirements as applicable:
(1) For a tank that manages hazardous waste that meets all of the conditions specified in subsections (b)(1)(A) through (b)(1)(C) of this section, the owner or operator shall control air pollutant emissions from the tank in accordance with the Tank Level 1 controls specified in subsection (c) of this section or the Tank Level 2 controls specified in subsection (d) of this section.
(A) The hazardous waste in the tank has a maximum organic vapor pressure which is less than the maximum organic vapor pressure limit for the tank's design capacity category as follows:
1. For a tank design capacity equal to or greater than 151 m <<super>>3, the maximum organic vapor pressure limit for the tank is 5.2 kPa.
2. For a tank design capacity equal to or greater than 75 m <<super>>3 but less than 151 m <<super>>3, the maximum organic vapor pressure limit for the tank is 27.6 kPa.
3. For a tank design capacity less than 75 m <<super>>3, the maximum organic vapor pressure limit for the tank is 76.6 kPa.
(B) The hazardous waste in the tank is not heated by the owner or operator to a temperature that is greater than the temperature at which the maximum organic vapor pressure of the hazardous waste is determined for the purpose of complying with subsection (b)(1)(A) of this section.
(C) The hazardous waste in the tank is not treated by the owner or operator using a waste stabilization process, as defined in section 66260.10.
(2) For a tank that manages hazardous waste that does not meet all of the conditions specified in subsections (b)(1)(A) through (b)(1)(C) of this section, the owner or operator shall control air pollutant emissions from the tank by using Tank Level 2 controls in accordance with the requirements of subsection (d) of this section. Examples of tanks required to use Tank Level 2 controls include: A tank used for a waste stabilization process; and a tank for which the hazardous waste in the tank has a maximum organic vapor pressure that is equal to or greater than the maximum organic vapor pressure limit for the tank's design capacity category as specified in subsection (b)(1)(A) of this section.
(c) Owners and operators controlling air pollutant emissions from a tank using Tank Level 1 controls shall meet the requirements specified in subsections (c)(1) through (c)(4) of this section:
(1) The owner or operator shall determine the maximum organic vapor pressure for a hazardous waste to be managed in the tank using Tank Level 1 controls before the first time the hazardous waste is placed in the tank. The maximum organic vapor pressure shall be determined using the procedures specified in section 66264.1083(c) of this article. Thereafter, the owner or operator shall perform a new determination whenever changes to the hazardous waste managed in the tank could potentially cause the maximum organic vapor pressure to increase to a level that is equal to or greater than the maximum organic vapor pressure limit for the tank design capacity category specified in subsection (b)(1)(A) of this section, as applicable to the tank.
(2) The tank shall be equipped with a fixed roof designed to meet the following specifications:
(A) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the hazardous waste in the tank. The fixed roof may be a separate cover installed on the tank (e.g., a removable cover mounted on an open-top tank) or may be an integral part of the tank structural design (e.g., a horizontal cylindrical tank equipped with a hatch).
(B) The fixed roof shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between roof section joints or between the interface of the roof edge and the tank wall.
(C) Each opening in the fixed roof, and any manifold system associated with the fixed roof, shall be either:
1. Equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the opening and the closure device; or
2. Connected by a closed-vent system that is vented to a control device. The control device shall remove or destroy organics in the vent stream, and shall be operating whenever hazardous waste is managed in the tank, except as provided for in subsections (c)(2)(C)2.a. and 2.b. of this section.
a. During periods when it is necessary to provide access to the tank for performing the activities of subsection (c)(2)(C)2 of this section, venting of the vapor headspace underneath the fixed roof to the control device is not required, opening of closure devices is allowed, and removal of the fixed roof is allowed. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, and resume operation of the control device.
b. During periods of routine inspection, maintenance, or other activities needed for normal operations, and for removal of accumulated sludge or other residues from the bottom of the tank.
(D) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: Organic vapor permeability, the effects of any contact with the hazardous waste or its vapors managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed.
(3) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each closure device secured in the closed position except as follows:
(A) Opening of closure devices or removal of the fixed roof is allowed at the following times:
1. To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank.
2. To remove accumulated sludge or other residues from the bottom of tank.
(B) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the tank internal pressure in accordance with the tank design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the tank internal pressure is within the internal pressure operating range determined by the owner or operator based on the tank manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the tank internal pressure exceeds the internal pressure operating range for the tank as a result of loading operations or diurnal ambient temperature fluctuations.
(C) Opening of a safety device, as defined in section 66265.1081, is allowed at any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator shall inspect the air emission control equipment in accordance with the following requirements.
(A) The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(B) The owner or operator shall perform an initial inspection of the fixed roof and its closure devices on or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except under the special conditions provided for in subsection (l ) of this section.
(C) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
(D) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66264.1089(b).
(d) Owners and operators controlling air pollutant emissions from a tank using Tank Level 2 controls shall use one of the following tanks:
(1) A fixed-roof tank equipped with an internal floating roof in accordance with the requirements specified in subsection (e) of this section;
(2) A tank equipped with an external floating roof in accordance with the requirements specified in subsection (f) of this section;
(3) A tank vented through a closed-vent system to a control device in accordance with the requirements specified in subsection (g) of this section;
(4) A pressure tank designed and operated in accordance with the requirements specified in subsection (h) of this section; or
(5) A tank located inside an enclosure that is vented through a closed-vent system to an enclosed combustion control device in accordance with the requirements specified in subsection (i) of this section.
(e) The owner or operator who controls air pollutant emissions from a tank using a fixed roof with an internal floating roof shall meet the requirements specified in subsections (e)(1) through (e)(3) of this section.
(1) The tank shall be equipped with a fixed roof and an internal floating roof in accordance with the following requirements:
(A) The internal floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports.
(B) The internal floating roof shall be equipped with a continuous seal between the wall of the tank and the floating roof edge that meets either of the following requirements:
1. A single continuous seal that is either a liquid-mounted seal or a metallic shoe seal, as defined in section 66260.10; or
2. Two continuous seals mounted one above the other. The lower seal may be a vapor-mounted seal.
(C) The internal floating roof shall meet the following specifications:
1. Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker vents) and the rim space vents is to provide a projection below the liquid surface.
2. Each opening in the internal floating roof shall be equipped with a gasketed cover or a gasketed lid except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains.
3. Each penetration of the internal floating roof for the purpose of sampling shall have a slit fabric cover that covers at least 90 percent of the opening.
4. Each automatic bleeder vent and rim space vent shall be gasketed.
5. Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover.
6. Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover.
(2) The owner or operator shall operate the tank in accordance with the following requirements:
(A) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practical.
(B) Automatic bleeder vents are to be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.
(C) Prior to filling the tank, each cover, access hatch, gauge float well or lid on any opening in the internal floating roof shall be bolted or fastened closed (i.e., no visible gaps). Rim space vents are to be set to open only when the internal floating roof is not floating or when the pressure beneath the rim exceeds the manufacturer's recommended setting.
(3) The owner or operator shall inspect the internal floating roof in accordance with the procedures specified as follows:
(A) The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: The internal floating roof is not floating on the surface of the liquid inside the tank; liquid has accumulated on top of the internal floating roof; any portion of the roof seals have detached from the roof rim; holes, tears, or other openings are visible in the seal fabric; the gaskets no longer close off the hazardous waste surface from the atmosphere; or the slotted membrane has more than 10 percent open area.
(B) The owner or operator shall inspect the internal floating roof components as follows except as provided in subsection (e)(3)(C) of this section:
1. Visually inspect the internal floating roof components through openings on the fixed-roof (e.g., manholes and roof hatches) at least once every 12 months after initial fill, and
2. Visually inspect the internal floating roof, primary seal, secondary seal  (if one is in service), gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 10 years.
(C) As an alternative to performing the inspections specified in subsection  (e)(3)(B) of this section for an internal floating roof equipped with two continuous seals mounted one above the other, the owner or operator may visually inspect the internal floating roof, primary and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 5 years.
(D) Prior to each inspection required by subsection (e)(3)(B) or (e)(3)(C) of this section, the owner or operator shall notify the Department in advance of each inspection to provide the Department with the opportunity to have an observer present during the inspection. The owner or operator shall notify the Department of the date and location of the inspection as follows:
1. Prior to each visual inspection of an internal floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the Department at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in subsection (e)(3)(D)2. of this section.
2. When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the Department as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the Department at least 7 calendar days before refilling the tank.
(E) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
(F) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66264.1089(b).
(4) Safety devices, as defined in section 66260.10, may be installed and operated as necessary on any tank complying with the requirements of subsection (e) of this section.
(f) The owner or operator who controls air pollutant emissions from a tank using an external floating roof shall meet the requirements specified in subsections (f)(1) through (f)(3) of this section.
(1) The owner or operator shall design the external floating roof in accordance with the following requirements:
(A) The external floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports.
(B) The floating roof shall be equipped with two continuous seals, one above the other, between the wall of the tank and the roof edge. The lower seal is referred to as the primary seal, and the upper seal is referred to as the secondary seal.
1. The primary seal shall be a liquid-mounted seal or a metallic shoe seal, as defined in section 66260.10. The total area of the gaps between the tank wall and the primary seal shall not exceed 212 square centimeters (cm <<super>>2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 3.8 centimeters (cm). If a metallic shoe seal is used for the primary seal, the metallic shoe seal shall be designed so that one end extends into the liquid in the tank and the other end extends a vertical distance of at least 61 centimeters above the liquid surface.
2. The secondary seal shall be mounted above the primary seal and cover the annular space between the floating roof and the wall of the tank. The total area of the gaps between the tank wall and the secondary seal shall not exceed 21.2 square centimeters (cm <<super>>2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 1.3 centimeters (cm).
(C) The external floating roof shall meet the following specifications:
1. Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each opening in a noncontact external floating roof shall provide a projection below the liquid surface.
2. Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be equipped with a gasketed cover, seal, or lid.
3. Each access hatch and each gauge float well shall be equipped with a cover designed to be bolted or fastened when the cover is secured in the closed position.
4. Each automatic bleeder vent and each rim space vent shall be equipped with a gasket.
5. Each roof drain that empties into the liquid managed in the tank shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening.
6. Each unslotted and slotted guide pole well shall be equipped with a gasketed sliding cover or a flexible fabric sleeve seal.
7. Each unslotted guide pole shall be equipped with a gasketed cap on the end of the pole.
8. Each slotted guide pole shall be equipped with a gasketed float or other device which closes off the liquid surface from the atmosphere.
9. Each gauge hatch and each sample well shall be equipped with a gasketed cover.
(2) The owner or operator shall operate the tank in accordance with the following requirements:
(A) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practical.
(B) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be secured and maintained in a closed position at all times except when the closure device must be open for access.
(C) Covers on each access hatch and each gauge float well shall be bolted or fastened when secured in the closed position.
(D) Automatic bleeder vents shall be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.
(E) Rim space vents shall be set to open only at those times that the roof is being floated off the roof leg supports or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting.
(F) The cap on the end of each unslotted guide pole shall be secured in the closed position at all times except when measuring the level or collecting samples of the liquid in the tank.
(G) The cover on each gauge hatch or sample well shall be secured in the closed position at all times except when the hatch or well must be opened for access.
(H) Both the primary seal and the secondary seal shall completely cover the annular space between the external floating roof and the wall of the tank in a continuous fashion except during inspections.
(3) The owner or operator shall inspect the external floating roof in accordance with the procedures specified as follows:
(A) The owner or operator shall measure the external floating roof seal gaps in accordance with the following requirements:
1. The owner or operator shall perform measurements of gaps between the tank wall and the primary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every 5 years.
2. The owner or operator shall perform measurements of gaps between the tank wall and the secondary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every year.
3. If a tank ceases to hold hazardous waste for a period of 1 year or more, subsequent introduction of hazardous waste into the tank shall be considered an initial operation for the purposes of subsections (f)(3)(A)1. and (f)(3)(A)2. of this section.
4. The owner or operator shall determine the total surface area of gaps in the primary seal and in the secondary seal individually using the following procedure:
a. The seal gap measurements shall be performed at one or more floating roof levels when the roof is floating off the roof supports.
b. Seal gaps, if any, shall be measured around the entire perimeter of the floating roof in each place where a 0.32-centimeter (cm) diameter uniform probe passes freely (without forcing or binding against the seal) between the seal and the wall of the tank and measure the circumferential distance of each such location.
c. For a seal gap measured under subsection (f)(3) of this section, the gap surface area shall be determined by using probes of various widths to measure accurately the actual distance from the tank wall to the seal and multiplying each such width by its respective circumferential distance.
d. The total gap area shall be calculated by adding the gap surface areas determined for each identified gap location for the primary seal and the secondary seal individually, and then dividing the sum for each seal type by the nominal diameter of the tank. These total gap areas for the primary seal and secondary seal are then compared to the respective standards for the seal type as specified in subsection (f)(1)(B) of this section.
5. In the event that the seal gap measurements do not conform to the specifications in subsection (f)(1)(B) of this section, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
6. The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66264.1089(b).
(B) The owner or operator shall visually inspect the external floating roof in accordance with the following requirements:
1. The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: Holes, tears, or other openings in the rim seal or seal fabric of the floating roof; a rim seal detached from the floating roof; all or a portion of the floating roof deck being submerged below the surface of the liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
2. The owner or operator shall perform an initial inspection of the external floating roof and its closure devices on or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in subsection (l ) of this section.
3. In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
4. The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 264.1089(b).
(C) Prior to each inspection required by subsection (f)(3)(A) or (f)(3)(B) of this section, the owner or operator shall notify the Department in advance of each inspection to provide the Department with the opportunity to have an observer present during the inspection. The owner or operator shall notify the Department of the date and location of the inspection as follows:
1. Prior to each inspection to measure external floating roof seal gaps as required under subsection (f)(3)(A) of this section, written notification shall be prepared and sent by the owner or operator so that it is received by the Department at least 30 calendar days before the date the measurements are scheduled to be performed.
2. Prior to each visual inspection of an external floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the Department at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in subsection (f)(3)(C)3. of this section.
3. When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the Department as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the Department at least 7 calendar days before refilling the tank.
(4) Safety devices, as defined in section 66260.10, may be installed and operated as necessary on any tank complying with the requirements of subsection (f) of this section.
(g) The owner or operator who controls air pollutant emissions from a tank by venting the tank to a control device shall meet the requirements specified in subsections (g)(1) through (g)(3) of this section.
(1) The tank shall be covered by a fixed roof and vented directly through a closed-vent system to a control device in accordance with the following requirements:
(A) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the tank.
(B) Each opening in the fixed roof not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the fixed roof is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the fixed roof is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions.
(C) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: Organic vapor permeability, the effects of any contact with the liquid and its vapor managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed.
(D) The closed-vent system and control device shall be designed and operated in accordance with the requirements of section 66264.1087.
(2) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each closure device secured in the closed position and the vapor headspace underneath the fixed roof vented to the control device except as follows:
(A) Venting to the control device is not required, and opening of closure devices or removal of the fixed roof is allowed at the following times:
1. To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank.
2. To remove accumulated sludge or other residues from the bottom of a tank.
(B) Opening of a safety device, as defined in section 66260.10, is allowed at any time conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:
(A) The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(B) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in section 66264.1087.
(C) The owner or operator shall perform an initial inspection of the air emission control equipment on or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in subsection (l ) of this section.
(D) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
(E) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66264.1089(b).
(h) The owner or operator who controls air pollutant emissions by using a pressure tank shall meet the following requirements.
(1) The tank shall be designed not to vent to the atmosphere as a result of compression of the vapor headspace in the tank during filling of the tank to its design capacity.
(2) All tank openings shall be equipped with closure devices designed to operate with no detectable organic emissions as determined using the procedure specified in section 66264.1083(d).
(3) Whenever a hazardous waste is in the tank, the tank shall be operated as a closed system that does not vent to the atmosphere except under either of the following conditions as specified in paragraph (h)(3)(A) or (h)(3)(B) of this section.
(A) At those times when opening of a safety device, as defined in section 66260.10, is required to avoid an unsafe condition.
(B) At those times when purging of inerts from the tank is required and the purge stream is routed to a closed-vent system and control device designed and operated in accordance with the requirements of section 66264.1087.
(i) The owner or operator who controls air pollutant emissions by using an enclosure vented through a closed-vent system to an enclosed combustion control device shall meet the requirements specified in subsections (i)(1) through (i)(4) of this section.
(1) The tank shall be located inside an enclosure. The enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical means; entry of permanent mechanical or electrical equipment; or direct airflow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" initially when the enclosure is first installed and, thereafter, annually.
(2) The enclosure shall be vented through a closed-vent system to an enclosed combustion control device that is designed and operated in accordance with the standards for either a vapor incinerator, boiler, or process heater specified in section 66264.1087.
(3) Safety devices, as defined in section 66260.10, may be installed and operated as necessary on any enclosure, closed-vent system, or control device used to comply with the requirements of subsections (i)(1) and (i)(2) of this section.
(4) The owner or operator shall inspect and monitor the closed-vent system and control device as specified in section 66264.1087.
(j) The owner or operator shall transfer hazardous waste to a tank subject to this section in accordance with the following requirements:
(1) Transfer of hazardous waste, except as provided in subsection (j)(2) of this section, to the tank from another tank subject to this section or from a surface impoundment subject to section 66264.1085 shall be conducted using continuous hard-piping or another closed system that does not allow exposure of the hazardous waste to the atmosphere. For the purpose of complying with this provision, an individual drain system is considered to be a closed system when it meets the requirements of 40 CFR part 63, subpart RR--National Emission Standards for Individual Drain Systems.
(2) The requirements of subsection (j)(1) of this section do not apply when transferring a hazardous waste to the tank under any of the following conditions:
(A) The hazardous waste meets the average VO concentration conditions specified in section 66264.1082(c)(1) at the point of waste origination.
(B) The hazardous waste has been treated by an organic destruction or removal process to meet the requirements in 66264.1082(c)(2).
(C) The hazardous waste meets the requirements of section 66264.1082(c)(4).
(k) The owner or operator shall repair each defect detected during an inspection performed in accordance with the requirements of subsection (c)(4), (e)(3), (f)(3), or (g)(3) of this section as follows:
(1) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection, and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in subsection (k)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the tank and no alternative tank capacity is available at the site to accept the hazardous waste normally managed in the tank. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the hazardous waste managed in the tank stops operation. Repair of the defect shall be completed before the process or unit resumes operation.
(l ) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this article, subsequent inspection and monitoring may be performed at intervals longer than 1 year under the following special conditions:
(1) In the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions, then the owner or operator may designate a cover as an "unsafe to inspect and monitor cover" and comply with all of the following requirements:
(A) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.
(B) Develop and implement a written plan and schedule to inspect and monitor the cover, using the procedures specified in the applicable section of this article, as frequently as practicable during those times when a worker can safely access the cover.
(2) In the case when a tank is buried partially or entirely underground, an owner or operator is required to inspect and monitor, as required by the applicable provisions of this section, only those portions of the tank cover and those connections to the tank (e.g., fill ports, access hatches, gauge wells, etc.) that are located on or above the ground surface.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1084.
 



s 66264.1085. Standards: Surface Impoundments.
 (a) The provisions of this section apply to the control of air pollutant emissions from surface impoundments for which section 66264.1082(b) references the use of this section for such air emission control.
(b) The owner or operator shall control air pollutant emissions from the surface impoundment by installing and operating either of the following:
(1) A floating membrane cover in accordance with the provisions specified in subsection (c) of this section; or
(2) A cover that is vented through a closed-vent system to a control device in accordance with the provisions specified in subsection (d) of this section.
(c) The owner or operator who controls air pollutant emissions from a surface impoundment using a floating membrane cover shall meet the requirements specified in subsections (c)(1) through (c)(3) of this section.
(1) The surface impoundment shall be equipped with a floating membrane cover designed to meet the following specifications:
(A) The floating membrane cover shall be designed to float on the liquid surface during normal operations and form a continuous barrier over the entire surface area of the liquid.
(B) The cover shall be fabricated from a synthetic membrane material that is either:
1. High density polyethylene (HDPE) with a thickness no less than 2.5 millimeters (mm); or
2. A material or a composite of different materials determined to have both organic permeability properties that are equivalent to those of the material listed in subsection (c)(1)(B)1. of this section and chemical and physical properties that maintain the material integrity for the intended service life of the material.
(C) The cover shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between cover section seams or between the interface of the cover edge and its foundation mountings.
(D) Except as provided for in subsection (c)(1)(E) of this section, each opening in the floating membrane cover shall be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device.
(E) The floating membrane cover may be equipped with one or more emergency cover drains for removal of stormwater. Each emergency cover drain shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening or a flexible fabric sleeve seal.
(F) The closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the closure devices throughout their intended service life. Factors to be considered when selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of any contact with the liquid and its vapor managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the floating membrane cover is installed.
(2) Whenever a hazardous waste is in the surface impoundment, the floating membrane cover shall float on the liquid and each closure device shall be secured in the closed position except as follows:
(A) Opening of closure devices or removal of the cover is allowed at the following times:
1. To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly replace the cover and secure the closure device in the closed position, as applicable.
2. To remove accumulated sludge or other residues from the bottom of surface impoundment.
(B) Opening of a safety device, as defined in section 66260.10, is allowed at any time conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect the floating membrane cover in accordance with the following procedures:
(A) The floating membrane cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(B) The owner or operator shall perform an initial inspection of the floating membrane cover and its closure devices on or before the date that the surface impoundment becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in subsection (g) of this section.
(C) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (f) of this section.
(D) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66264.1089(c).
(d) The owner or operator who controls air pollutant emissions from a surface impoundment using a cover vented to a control device shall meet the requirements specified in subsections (d)(1) through (d)(3) of this section.
(1) The surface impoundment shall be covered by a cover and vented directly through a closed-vent system to a control device in accordance with the following requirements:
(A) The cover and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the surface impoundment.
(B) Each opening in the cover not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the cover is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the cover is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions using the procedure specified in section 66264.1083(d).
(C) The cover and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the cover and closure devices throughout their intended service life. Factors to be considered when selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of any contact with the liquid or its vapors managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the cover is installed.
(D) The closed-vent system and control device shall be designed and operated in accordance with the requirements of section 66264.1087.
(2) Whenever a hazardous waste is in the surface impoundment, the cover shall be installed with each closure device secured in the closed position and the vapor headspace underneath the cover vented to the control device except as follows:
(A) Venting to the control device is not required, and opening of closure devices or removal of the cover is allowed at the following times:
1. To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the surface impoundment.
2. To remove accumulated sludge or other residues from the bottom of the surface impoundment.
(B) Opening of a safety device, as defined in section 66260.10, is allowed at any time conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:
(A) The surface impoundment cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(B) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in section 66264.1087.
(C) The owner or operator shall perform an initial inspection of the air emission control equipment on or before the date that the surface impoundment becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in subsection (g) of this section.
(D) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (f) of this section.
(E) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66264.1089(c).
(e) The owner or operator shall transfer hazardous waste to a surface impoundment subject to this section in accordance with the following requirements:
(1) Transfer of hazardous waste, except as provided in subsection (e)(2) of this section, to the surface impoundment from another surface impoundment subject to this section or from a tank subject to section 66264.1084 shall be conducted using continuous hard-piping or another closed system that does not allow exposure of the waste to the atmosphere. For the purpose of complying with this provision, an individual drain system is considered to be a closed system when it meets the requirements of 40 CFR part 63, subpart RR-- National Emission Standards for Individual Drain Systems.
(2) The requirements of subsection (e)(1) of this section do not apply when transferring a hazardous waste to the surface impoundment under either of the following conditions:
(A) The hazardous waste meets the average VO concentration conditions specified in section 66264.1082(c)(1) at the point of waste origination.
(B) The hazardous waste has been treated by an organic destruction or removal process to meet the requirements in section 66264.1082(c)(2).
(C) The hazardous waste meets the requirements of Section 66264.1082(c)(4).
(f) The owner or operator shall repair each defect detected during an inspection performed in accordance with the requirements of subsection (c)(3) or (d)(3) of this section as follows:
(1) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in subsection (f)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the surface impoundment and no alternative capacity is available at the site to accept the hazardous waste normally managed in the surface impoundment. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the hazardous waste managed in the surface impoundment stops operation. Repair of the defect shall be completed before the process or unit resumes operation.
(g) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this article, subsequent inspection and monitoring may be performed at intervals longer than 1 year in the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions. In this case, the owner or operator may designate the cover as an "unsafe to inspect and monitor cover" and comply with all of the following requirements:
(1) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.
(2) Develop and implement a written plan and schedule to inspect and monitor the cover using the procedures specified in the applicable section of this article as frequently as practicable during those times when a worker can safely access the cover.
NOTE: Sections 25150, 25159, 25159.5, and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1085.




s 66264.1086. Standards: Containers.
 (a) The provisions of this section apply to the control of air pollutant emissions from containers for which section 66264.1082(b) references the use of this section for such air emission control.
(b) General requirements.
(1) The owner or operator shall control air pollutant emissions from each container subject to this section in accordance with the following requirements, as applicable to the container, except when the special provisions for waste stabilization processes specified in subsection (b)(2) of this section apply to the container.
(A) For a container having a design capacity greater than 0.1 m <<super>>3 and less than or equal to 0.46 m <<super>>3, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in subsection (c) of this section.
(B) For a container having a design capacity greater than 0.46 m <<super>>3 that is not in light material service, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in subsection (c) of this section.
(C) For a container having a design capacity greater than 0.46 m <<super>>3 that is in light material service, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 2 standards specified in subsection (d) of this section.
(2) When a container having a design capacity greater than 0.1 m <<super>>3 is used for treatment of a hazardous waste by a waste stabilization process, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 3 standards specified in subsection (e) of this section at those times during the waste stabilization process when the hazardous waste in the container is exposed to the atmosphere.
(c) Container Level 1 standards.
(1) A container using Container Level 1 controls is one of the following:
(A) A container that meets the applicable U.S. Department of Transportation  (DOT) regulations on packaging hazardous materials for transportation as specified in subsection (f) of this section.
(B) A container equipped with a cover and closure devices that form a continuous barrier over the container openings such that when the cover and closure devices are secured in the closed position there are no visible holes, gaps, or other open spaces into the interior of the container. The cover may be a separate cover installed on the container (e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or may be an integral part of the container structural design (e.g., a "portable tank" or bulk cargo container equipped with a screw-type cap).
(C) An open-top container in which an organic-vapor suppressing barrier is placed on or over the hazardous waste in the container such that no hazardous waste is exposed to the atmosphere. One example of such a barrier is application of a suitable organic-vapor suppressing foam.
(2) A container used to meet the requirements of subsection (c)(1)(B) or  (c)(1)(C) shall be equipped with covers and closure devices, as applicable to the container, that are composed of suitable materials to minimize exposure of the hazardous waste to the atmosphere and to maintain the equipment integrity, for as long as the container is in service. Factors to be considered in selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of contact with the hazardous waste or its vapor managed in the container; the effects of outdoor exposure of the closure device or cover material to wind, moisture, and sunlight; and the operating practices for which the container is intended to be used.
(3) Whenever a hazardous waste is in a container using Container Level 1 controls, the owner or operator shall install all covers and closure devices for the container, as applicable to the container, and secure and maintain each closure device in the closed position except as follows:
(A) Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows:
1. In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.
2. In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level; the completion of a batch loading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity of the container; or the shutdown of the process generating the material being added to the container, whichever condition occurs first.
(B) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:
1. For the purpose of meeting the requirements of this section, an empty container as defined in section 66261.7(b) may be open to the atmosphere at any time (i.e., covers and closure devices are not required to be secured in the closed position on an empty container).
2. In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container as defined in section 66261.7(b), the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.
(C) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container.
(D) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the internal pressure of the container in accordance with the container design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the internal pressure of the container is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.
(E) Opening of a safety device, as defined in section 66260.10, is allowed at any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using Container Level 1 controls shall inspect the containers and their covers and closure devices as follows:
(A) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in 66261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the chapter 30 container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in the appendix to chapter 12 (EPA Forms 8700-22 and 8700-22A), as required under section 66264.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (c)(4)(C) of this section.
(B) In the case when a container used for managing hazardous waste remains at the facility for a period of 1 year or more, the owner or operator shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (c)(4)(C) of this section.
(C) When a defect is detected for the container, cover, or closure devices, the owner or operator shall make first efforts at repair of the defect no later than 24 hours after detection and repair shall be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the hazardous waste shall be removed from the container and the container shall not be used to manage hazardous waste until the defect is repaired.
(5) The owner or operator shall maintain at the facility a copy of the procedure used to determine that containers with capacity of 0.46 m <<super>>3 or greater, which do not meet applicable DOT regulations as specified in subsection (f) of this section, are not managing hazardous waste in light material service.
(d) Container Level 2 standards.
(1) A container using Container Level 2 controls is one of the following:
(A) A container that meets the applicable U.S. Department of Transportation  (DOT) regulations on packaging hazardous materials for transportation as specified in subsection (f) of this section.
(B) A container that operates with no detectable organic emissions as defined in section 66260.10 and determined in accordance with the procedure specified in subsection (g) of this section.
(C) A container that has been demonstrated within the preceding 12 months to be vapor-tight by using 40 CFR part 60, appendix A, Method 27 in accordance with the procedure specified in subsection (h) of this section.
(2) Transfer of hazardous waste in or out of a container using Container Level 2 controls shall be conducted in such a manner as to minimize exposure of the hazardous waste to the atmosphere, to the extent practical, considering the physical properties of the hazardous waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive, or other hazardous materials. Examples of container loading procedures that the Department considers to meet the requirements of this subsection include using any one of the following: A submerged-fill pipe or other submerged-fill method to load liquids into the container; a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced from the container during filling operations; or a fitted opening in the top of a container through which the hazardous waste is filled and subsequently purging the transfer line before removing it from the container opening.
(3) Whenever a hazardous waste is in a container using Container Level 2 controls, the owner or operator shall install all covers and closure devices for the container, and secure and maintain each closure device in the closed position except as follows:
(A) Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows:
1. In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.
2. In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level; the completion of a batch loading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity of the container; or the shutdown of the process generating the material being added to the container, whichever condition occurs first.
(B) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:
1. For the purpose of meeting the requirements of this section, an empty container as defined in section 66261.7(b) may be open to the atmosphere at any time (i.e., covers and closure devices are not required to be secured in the closed position on an empty container).
2. In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container as defined in section 66261.7(b), the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.
(C) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container.
(D) Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the internal pressure of the container in accordance with the container design specifications. The device shall be designed to operate with no detectable organic emission when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the internal pressure of the container is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.
(E) Opening of a safety device, as defined in section 66260.10, is allowed at any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using Container Level 2 controls shall inspect the containers and their covers and closure devices as follows:
(A) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in section 66261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the chapter 30 container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in the appendix to chapter 12 (EPA Forms 8700-22 and 8700-22A), as required under section 66264.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (d)(4)(C) of this section.
(B) In the case when a container used for managing hazardous waste remains at the facility for a period of 1 year or more, the owner or operator shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (d)(4)(C) of this section.
(C) When a defect is detected for the container, cover, or closure devices, the owner or operator shall make first efforts at repair of the defect no later than 24 hours after detection, and repair shall be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the hazardous waste shall be removed from the container and the container shall not be used to manage hazardous waste until the defect is repaired.
(e) Container Level 3 standards.
(1) A container using Container Level 3 controls is one of the following:
(A) A container that is vented directly through a closed-vent system to a control device in accordance with the requirements of subsection (e)(2)(B) of this section.
(B) A container that is vented inside an enclosure which is exhausted through a closed-vent system to a control device in accordance with the requirements of subsections (e)(2)(A) and (e)(2)(B) of this section.
(2) The owner or operator shall meet the following requirements, as applicable to the type of air emission control equipment selected by the owner or operator:
(A) The container enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in "Procedure T-- Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of containers through the enclosure by conveyor or other mechanical means; entry of permanent mechanical or electrical equipment; or direct airflow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" initially when the enclosure is first installed and, thereafter, annually.
(B) The closed-vent system and control device shall be designed and operated in accordance with the requirements of section 66264.1087.
(3) Safety devices, as defined in section 66260.10, may be installed and operated as necessary on any container, enclosure, closed-vent system, or control device used to comply with the requirements of subsection (e)(1) of this section.
(4) Owners and operators using Container Level 3 controls in accordance with the provisions of this article shall inspect and monitor the closed-vent systems and control devices as specified in section 66264.1087.
(5) Owners and operators that use Container Level 3 controls in accordance with the provisions of this article shall prepare and maintain the records specified in section 66264.1089(d).
(6) Transfer of hazardous waste in or out of a container using Container Level 3 controls shall be conducted in such a manner as to minimize exposure of the hazardous waste to the atmosphere, to the extent practical, considering the physical properties of the hazardous waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive, or other hazardous materials. Examples of container loading procedures that the EPA considers to meet the requirements of this paragraph include using any one of the following: A submerged-fill pipe or other submerged-fill method to load liquids into the container; a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced from the container during filling operations; or a fitted opening in the top of a container through which the hazardous waste is filled and subsequently purging the transfer line before removing it from the container opening.
(f) For the purpose of compliance with subsection (c)(1)(A) or (d)(1)(A) of this section, containers shall be used that meet the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as follows:
(1) The container meets the applicable requirements specified in 49 CFR part 178--Specifications for Packaging or 49 CFR part 179--Specifications for Tank Cars.
(2) Hazardous waste is managed in the container in accordance with the applicable requirements specified in 49 CFR part 107, subpart B-- Exemptions; 49 CFR part 172--Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements; 49 CFR part 173--Shippers--General Requirements for Shipments and Packages; and 49 CFR part 180--Continuing Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this article, no exceptions to the 49 CFR part 178 or part 179 regulations are allowed except as provided for in subsection (f)(4) of this section.
(4) For a lab pack that is managed in accordance with the requirements of 49 CFR part 178 for the purpose of complying with this article, an owner or operator may comply with the exceptions for combination packagings specified in 49 CFR 173.12(b).
(g) To determine compliance with the no detectable organic emissions requirement of subsection (d)(1)(B) of this section, the procedure specified in section 66264.1083(d) of this article shall be used.
(1) Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the container, its cover, and associated closure devices, as applicable to the container, shall be checked. Potential leak interfaces that are associated with containers include, but are not limited to: The interface of the cover rim and the container wall; the periphery of any opening on the container or container cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure-relief valve.
(2) The test shall be performed when the container is filled with a material having a volatile organic concentration representative of the range of volatile organic concentrations for the hazardous wastes expected to be managed in this type of container. During the test, the container cover and closure devices shall be secured in the closed position.
(h) Procedure for determining a container to be vapor-tight using Method 27 of  40 CFR part 60, appendix A for the purpose of complying with subsection (d)(1)(C) of this section.
(1) The test shall be performed in accordance with Method 27 of 40 CFR part 60, appendix A of this chapter.
(2) A pressure measurement device shall be used that has a precision of + 2.5 mm water and that is capable of measuring above the pressure at which the container is to be tested for vapor tightness.
(3) If the test results determined by Method 27 indicate that the container sustains a pressure change less than or equal to 750 Pascals within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, then the container is determined to be vapor-tight.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1085.
 



s 66264.1087. Standards: Closed-vent Systems and Control Devices.
 (a) This section applies to each closed-vent system and control device installed and operated by the owner or operator to control air emissions in accordance with standards of this article.
(b) The closed-vent system shall meet the following requirements:
(1) The closed-vent system shall route the gases, vapors, and fumes emitted from the hazardous waste in the waste management unit to a control device that meets the requirements specified in subsection (c) of this section.
(2) The closed-vent system shall be designed and operated in accordance with the requirements specified in section 66264.1033(k).
(3) In the case when the closed-vent system includes bypass devices that could be used to divert the gas or vapor stream to the atmosphere before entering the control device, each bypass device shall be equipped with either a flow indicator as specified in subsection (b)(3)(A) of this section or a seal or locking device as specified in subsection (b)(3)(B) of this section. For the purpose of complying with this subsection, low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, spring loaded pressure relief valves, and other fittings used for safety purposes are not considered to be bypass devices.
(A) If a flow indicator is used to comply with subsection (b)(3) of this section, the indicator shall be installed at the inlet to the bypass line used to divert gases and vapors from the closed-vent system to the atmosphere at a point upstream of the control device inlet. For this subsection, a flow indicator means a device which indicates the presence of either gas or vapor flow in the bypass line.
(B) If a seal or locking device is used to comply with subsection (b)(3) of this section, the device shall be placed on the mechanism by which the bypass device position is controlled (e.g., valve handle, damper lever) when the bypass device is in the closed position such that the bypass device cannot be opened without breaking the seal or removing the lock. Examples of such devices include, but are not limited to, a car-seal or a lock-and-key configuration valve. The owner or operator shall visually inspect the seal or closure mechanism at least once every month to verify that the bypass mechanism is maintained in the closed position.
(4) The closed-vent system shall be inspected and monitored by the owner or operator in accordance with the procedure specified in section 66264.1033(l).
(c) The control device shall meet the following requirements:
(1) The control device shall be one of the following devices:
(A) A control device designed and operated to reduce the total organic content of the inlet vapor stream vented to the control device by at least 95 percent by weight;
(B) An enclosed combustion device designed and operated in accordance with the requirements of section 66264.1033(c); or
(C) A flare designed and operated in accordance with the requirements of section 66264.1033(d).
(2) The owner or operator who elects to use a closed-vent system and control device to comply with the requirements of this section shall comply with the requirements specified in subsections (c)(2)(A) through (c)(2)(F) of this section.
(A) Periods of planned routine maintenance of the control device, during which the control device does not meet the specifications of subsections (c)(1)(A), (c)(1)(B), or (c)(1)(C) of this section, as applicable, shall not exceed 240 hours per year.
(B) The specifications and requirements in subsections (c)(1)(A), (c)(1)(B), and (c)(1)(C) of this section for control devices do not apply during periods of planned routine maintenance.
(C) The specifications and requirements in subsections (c)(1)(A), (c)(1)(B), and (c)(1)(C) of this section for control devices do not apply during a control device system malfunction.
(D) The owner or operator shall demonstrate compliance with the requirements of subsection (c)(2)(A) of this section (i.e., planned routine maintenance of a control device, during which the control device does not meet the specifications of subsections (c)(1)(A), (c)(1)(B), or (c)(1)(C) of this section, as applicable, shall not exceed 240 hours per year) by recording the information specified in section 66264.1089(e)(1)(E).
(E) The owner or operator shall correct control device system malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of air pollutants.
(F) The owner or operator shall operate the closed-vent system such that gases, vapors, or fumes are not actively vented to the control device during periods of planned maintenance or control device system malfunction (i.e., periods when the control device is not operating or not operating normally) except in cases when it is necessary to vent the gases, vapors, and/or fumes to avoid an unsafe condition or to implement malfunction corrective actions or planned maintenance actions.
(3) The owner or operator using a carbon adsorption system to comply with subsection (c)(1) of this section shall operate and maintain the control device in accordance with the following requirements:
(A) Following the initial startup of the control device, all activated carbon in the control device shall be replaced with fresh carbon on a regular basis in accordance with the requirements of section 66264.1033(g) or section 66264.1033(h).
(B) All carbon that is a hazardous waste and that is removed from the control device shall be managed in accordance with the requirements of section 66264.1033(n), regardless of the average volatile organic concentration of the carbon.
(4) An owner or operator using a control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with subsection (c)(1) of this section shall operate and maintain the control device in accordance with the requirements of section 66264.1033(j) of this chapter.
(5) The owner or operator shall demonstrate that a control device achieves the performance requirements of subsection (c)(1) of this section as follows:
(A) An owner or operator shall demonstrate using either a performance test as specified in subsection (c)(5)(C) of this section or a design analysis as specified in subsection (c)(5)(D) of this section the performance of each control device except for the following:
1. A flare;
2. A boiler or process heater with a design heat input capacity of 44 megawatts or greater;
3. A boiler or process heater into which the vent stream is introduced with the primary fuel;
4. A boiler or industrial furnace burning hazardous waste for which the owner or operator has been issued a final permit under chapter 20 and has designed and operates the unit in accordance with the requirements of chapter 16, article 8 of this division; or
5. A boiler or industrial furnace burning hazardous waste for which the owner or operator has designed and operates in accordance with the interim status requirements of chapter 16, article 8 of this division.
(B) An owner or operator shall demonstrate the performance of each flare in accordance with the requirements specified in section 66264.1033(e).
(C) For a performance test conducted to meet the requirements of subsection  (c)(5)(A) of this section, the owner or operator shall use the test  methods and procedures specified in section 66264.1034(c)(1) through (c)(4).
(D) For a design analysis conducted to meet the requirements of subsection  (c)(5)(A) of this section, the design analysis shall meet the requirements specified in section 66264.1035(b)(4)(C).
(E) The owner or operator shall demonstrate that a carbon adsorption system achieves the performance requirements of subsection (c)(1) of this section based on the total quantity of organics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery, and carbon disposal.
(6) If the owner or operator and the Department do not agree on a demonstration of control device performance using a design analysis then the disagreement shall be resolved using the results of a performance test performed by the owner or operator in accordance with the requirements of subsection (c)(5)(C) of this section. The Department may choose to have an authorized representative observe the performance test.
(7) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in sections 66264.1033(f)(2) and 66264.1033(l). The readings from each monitoring device required by section 66264.1033(f)(2) shall be inspected at least once each operating day to check control device operation. Any necessary corrective measures shall be immediately implemented to ensure the control device is operated in compliance with the requirements of this section.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1087.
 



s 66264.1088. Inspection and Monitoring Requirements.
 (a) The owner or operator shall inspect and monitor air emission control equipment used to comply with this article in accordance with the applicable requirements specified in sections 66264.1084 through 66264.1087.
(b) The owner or operator shall develop and implement a written plan and schedule to perform the inspections and monitoring required by subsection (a) of this section. The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under section 66264.15.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1088.
 



s 66264.1089. Recordkeeping Requirements.
 (a) Each owner or operator of a facility subject to requirements of this article shall record and maintain the information specified in subsections (b) through (j) of this section, as applicable to the facility. Except for air emission control equipment design documentation and information required by subsections (i) and (j) of this section, records required by this section shall be maintained in the operating record for a minimum of 3 years. Air emission control equipment design documentation shall be maintained in the operating record until the air emission control equipment is replaced or otherwise no longer in service. Information required by subsections (i) and (j) of this section shall be maintained in the operating record for as long as the waste management unit is not using air emission controls specified in sections 66264.1084 through 66264.1087 in accordance with the conditions specified in section 66264.1080(d) or section 66264.1080(b)(7) of this article, respectively.
(b) The owner or operator of a tank using air emission controls in accordance with the requirements of section 66264.1084 shall prepare and maintain records for the tank that include the following information:
(1) For each tank using air emission controls in accordance with the requirements of section 66264.1084, the owner or operator shall record:
(A) A tank identification number (or other unique identification description as selected by the owner or operator).
(B) A record for each inspection required by section 66264.1084 that includes the following information:
1. Date inspection was conducted.
2. For each defect detected during the inspection: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the requirements of section 66264.1084, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.
(2) In addition to the information required by subsection (b)(1) of this section, the owner or operator shall record the following information, as applicable to the tank:
(A) The owner or operator using a fixed roof to comply with the Tank Level 1 control requirements specified in section 66264.1084(c) shall prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous waste in the tank performed in accordance with the requirements of section 66264.1084(c). The records shall include the date and time the samples were collected, the analysis method used, and the analysis results.
(B) The owner or operator using an internal floating roof to comply with the Tank Level 2 control requirements specified in section 66264.1084(e) shall prepare and maintain documentation describing the floating roof design.
(C) Owners and operators using an external floating roof to comply with the Tank Level 2 control requirements specified in section 66264.1084(f) shall prepare and maintain the following records:
1. Documentation describing the floating roof design and the dimensions of the tank.
2. Records for each seal gap inspection required by section 66264.1084(f)(3) describing the results of the seal gap measurements. The records shall include the date that the measurements were performed, the raw data obtained for the measurements, and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications in section 66264.1084(f)(1), the records shall include a description of the repairs that were made, the date the repairs were made, and the date the tank was emptied, if necessary.
(D) Each owner or operator using an enclosure to comply with the Tank Level 2 control requirements specified in section 66264.1084(i) shall prepare and maintain the following records:
1. Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B.
2. Records required for the closed-vent system and control device in accordance with the requirements of subsection (e) of this section.
(c) The owner or operator of a surface impoundment using air emission controls in accordance with the requirements of section 66264.1085 shall prepare and maintain records for the surface impoundment that include the following information:
(1) A surface impoundment identification number (or other unique identification description as selected by the owner or operator).
(2) Documentation describing the floating membrane cover or cover design, as applicable to the surface impoundment, that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in section 66264.1085(c).
(3) A record for each inspection required by section 66264.1085 that includes the following information:
(A) Date inspection was conducted.
(B) For each defect detected during the inspection the following information: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of section 66264.1085(f), the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.
(4) For a surface impoundment equipped with a cover and vented through a closed-vent system to a control device, the owner or operator shall prepare and maintain the records specified in subsection (e) of this section.
(d) The owner or operator of containers using Container Level 3 air emission controls in accordance with the requirements of section 66264.1086 of this subsection shall prepare and maintain records that include the following information:
(1) Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B.
(2) Records required for the closed-vent system and control device in accordance with the requirements of subsection (e) of this section.
(e) The owner or operator using a closed-vent system and control device in accordance with the requirements of section 66264.1087 shall prepare and maintain records that include the following information:
(1) Documentation for the closed-vent system and control device that includes:
(A) Certification that is signed and dated by the owner or operator stating that the control device is designed to operate at the performance level documented by a design analysis as specified in subsection (e)(1)(B) of this section or by performance tests as specified in subsection (e)(1)(C) of this section when the tank, surface impoundment, or container is or would be operating at capacity or the highest level reasonably expected to occur.
(B) If a design analysis is used, then design documentation as specified in section 66264.1035(b)(4). The documentation shall include information prepared by the owner or operator or provided by the control device manufacturer or vendor that describes the control device design in accordance with section 66264.1035(b)(4)(C) and certification by the owner or operator that the control equipment meets the applicable specifications.
(C) If performance tests are used, then a performance test plan as specified in section 66264.1035(b)(3) and all test results.
(D) Information as required by sections 66264.1035(c)(1) and 66264.1035(c)(2), as applicable.
(E) An owner or operator shall record, on a semiannual basis, the information specified in subsections (e)(1)(E)1. and (e)(1)(E)2. of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of section 66264.1087(c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable.
1. A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6-month period. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods.
2. A description of the planned routine maintenance that was performed for the control device during the previous 6-month period. This description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the requirements of section 66264.1087 (c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable, due to planned routine maintenance.
(F) An owner or operator shall record the information specified in subsections  (e)(1)(F)1. through (e)(1)(F)3. of this section for those unexpected control device system malfunctions that would require the control device not to meet the requirements of section 66264.1087 (c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable.
1. The occurrence and duration of each malfunction of the control device system.
2. The duration of each period during a malfunction when gases, vapors, or fumes are vented from the waste management unit through the closed-vent system to the control device while the control device is not properly functioning.
3. Actions taken during periods of malfunction to restore a malfunctioning control device to its normal or usual manner of operation.
(G) Records of the management of carbon removed from a carbon adsorption system conducted in accordance with section 66264.1087(c)(3)(B).
(f) The owner or operator of a tank, surface impoundment, or container exempted from standards in accordance with the provisions of section 66264.1082(c) shall prepare and maintain the following records, as applicable:
(1) For tanks, surface impoundments, and containers exempted under the hazardous waste organic concentration conditions specified in section 66264.1082(c)(1) or sections 66264.1082(c)(2)(A) through (c)(2)(F), the owner or operator shall record the information used for each waste determination (e.g., test results, measurements, calculations, and other documentation) in the facility operating log. If analysis results for waste samples are used for the waste determination, then the owner or operator shall record the date, time, and location that each waste sample is collected in accordance with applicable requirements of section 66264.1083.
(2) For tanks, surface impoundments, or containers exempted under the provisions of section 264.1082(c)(2)(G) or section 66264.1082(c)(2)(H), the owner or operator shall record the identification number for the incinerator, boiler, or industrial furnace in which the hazardous waste is treated.
(g) An owner or operator designating a cover as "unsafe to inspect and monitor" pursuant to section 66264.1084(l) or section 66264.1085(g) shall record in a log that is kept in the facility operating record the following information: The identification numbers for waste management units with covers that are designated as "unsafe to inspect and monitor," the explanation for each cover stating why the cover is unsafe to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover.
(h) The owner or operator of a facility that is subject to this article and to the control device standards in 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance with the applicable sections of this article by documentation either pursuant to this article, or pursuant to the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR parts 60 or 61 duplicates the documentation required by this section.
(i) For each tank or container not using air emission controls specified in sections 66264.1084 through 66264.1087 in accordance with the conditions specified in section 66264.1080(d), the owner or operator shall record and maintain the following information:
(1) A list of the individual organic peroxide compounds manufactured at the facility that meet the conditions specified in section 66264.1080(d)(1).
(2) A description of how the hazardous waste containing the organic peroxide compounds identified in subsection (i)(1) of this section are managed at the facility in tanks and containers. This description shall include:
(A) For the tanks used at the facility to manage this hazardous waste, sufficient information shall be provided to describe for each tank: A facility identification number for the tank; the purpose and placement of this tank in the management train of this hazardous waste; and the procedures used to ultimately dispose of the hazardous waste managed in the tanks.
(B) For containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to describe: A facility identification number for the container or group of containers; the purpose and placement of this container, or group of containers, in the management train of this hazardous waste; and the procedures used to ultimately dispose of the hazardous waste handled in the containers.
(3) An explanation of why managing the hazardous waste containing the organic peroxide compounds identified in subsection (i)(1) of this section in the tanks and containers as described in subsection (i)(2) of this section would create an undue safety hazard if the air emission controls, as required under sections 66264.1084 through 66264.1087, are installed and operated on these waste management units. This explanation shall include the following information:
(A) For tanks used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: How use of the required air emission controls on the tanks would affect the tank design features and facility operating procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the tanks; and why installation of safety devices on the required air emission controls, as allowed under this article, will not address those situations in which evacuation of tanks equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.
(B) For containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: How use of the required air emission controls on the containers would affect the container design features and handling procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the containers; and why installation of safety devices on the required air emission controls, as allowed under this article, will not address those situations in which evacuation of containers equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.
(j) For each hazardous waste management unit not using air emission controls specified in sections 66264.1084 through 66264.1087 in accordance with the requirements of section 66264.1080(b)(7), the owner and operator shall record and maintain the following information:
(1) Certification that the waste management unit is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.
(2) Identification of the specific requirements codified under 40 CFR part 60, part 61, or part 63 with which the waste management unit is in compliance.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1089.
 



s 66264.1090. Reporting Requirements.
 (a) Each owner or operator managing hazardous waste in a tank, surface impoundment, or container exempted from using air emission controls under the provisions of section 66264.1082(c) shall report to the Department each occurrence when hazardous waste is placed in the waste management unit in noncompliance with the conditions specified in section 66264.1082 (c)(1) or (c)(2), as applicable. Examples of such occurrences include placing in the waste management unit a hazardous waste having an average VO concentration equal to or greater than 500 ppmw at the point of waste origination; or placing in the waste management unit a treated hazardous waste of which the organic content has been reduced by an organic destruction or removal process that fails to achieve the applicable conditions specified in section 66264.1082(c)(2)(A) through (c)(2)(F). The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance, and the actions taken to correct the noncompliance and prevent recurrence of the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.
(b) Each owner or operator using air emission controls on a tank in accordance with the requirements section 66264.1084(c) shall report to the Department each occurrence when hazardous waste is managed in the tank in noncompliance with the conditions specified in section 66264.1084(b). The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance, and the actions taken to correct the noncompliance and prevent recurrence of the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.
(c) Each owner or operator using a control device in accordance with the requirements of section 66264.1087 shall submit a semiannual written report to the Department excepted as provided for in subsection (d) of this section. The report shall describe each occurrence during the previous 6-month period when either:
(1) A control device is operated continuously for 24 hours or longer in noncompliance with the applicable operating values defined in section 66264.1035(c)(4); or
(2) A flare is operated with visible emissions for 5 minutes or longer in a two-hour period, as defined in section 66264.1033(d). The report shall describe each occurrence during the previous 6-month period when a control device is operated continuously for 24 hours or longer in noncompliance with the applicable operating values defined in section 66264.1035(c)(4) or when a flare is operated with visible emissions as defined in section 66264.1033(d). The written report shall include the EPA identification number, facility name and address, and an explanation why the control device could not be returned to compliance within 24 hours, and actions taken to correct the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.
(d) A report to the Department in accordance with the requirements of subsection (c) of this section is not required for a 6-month period during which all control devices subject to this article are operated by the owner or operator such that:
(1) During no period of 24 hours or longer did a control device operate continuously in noncompliance with the applicable operating values defined in section 66264.1035(c)(4); and
(2) No flare was operated with visible emissions for 5 minutes or longer in a two-hour period, as defined in section 66264.1033(d).
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1090.
 



s 66264.1100. Applicability.
The requirements of this article apply to owners or operators who store or treat hazardous waste in units designed and operated under section 66264.1101. These provisions will become effective on February 18, 1993, although an owner or operator may notify the Department of the owner's or operator's intent to be bound by this article at an earlier time. The owner or operator is not subject to the definition of land disposal in section 66260.10 provided that the unit:
(a) Is a completely enclosed, self-supporting structure that is designed and constructed of manmade materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls;
(b) Has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel, wastes, and handling equipment within the unit;
(c) If the unit is used to manage liquids, has:
(1) A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier;
(2) A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier; and
(3) A secondary containment system designed and constructed of materials to prevent migration of hazardous constituents into the barrier, with a leak detection and liquid collection system capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time, unless the unit has been granted a variance from the secondary containment system requirements under section 66264.1101(b)(4);
(d) Has controls sufficient to prevent fugitive dust emissions to meet the no visible emission standard in section 66264.1101(c)(1)(D); and
(e) Is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 264.1100. 
  
 



s 66264.1101. Design and Operating Standards.
 (a) All containment buildings shall comply with the following design standards:
(1) The containment buildings shall be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements, (e.g., precipitation, wind, runon), and to assure containment of managed wastes.
(2) The floor and containment walls of the unit, including the secondary containment system, if required under subsection (b) of this section, shall be designed and constructed of materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls. The unit shall be designed so that it has sufficient structural strength to prevent collapse or other failure. All surfaces to be in contact with hazardous wastes shall be chemically compatible with those wastes. The Department will consider standards established by professional organizations generally recognized by the industry, such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM), in judging the structural integrity requirements of this subsection. If appropriate to the nature of the waste management operation to take place in the unit, an exception to the structural strength requirement may be made for light-weight doors and windows that meet the following criteria:
(A) They provide an effective barrier against fugitive dust emissions under subsection (c)(1)(D); and
(B) The unit is designed and operated in a fashion that assures that wastes will not actually come in contact with these openings.
(3) Incompatible hazardous wastes or treatment reagents shall not be placed in the unit or its secondary containment system if they could cause the unit or secondary containment system to leak, corrode, or otherwise fail.
(4) A containment building shall have a primary barrier designed to withstand the movement of personnel, waste, and handling equipment in the unit during the operating life of the unit and appropriate for the physical and chemical characteristics of the waste to be managed.
(b) For a containment building used to manage hazardous wastes containing free liquids or treated with free liquids (the presence of which is determined by the paint filter test, a visual examination, or other appropriate means), the owner or operator shall include:
(1) A primary barrier designed and constructed of materials to prevent the migration of hazardous constituents into the barrier (e.g. a geomembrane covered by a concrete wear surface).
(2) A liquid collection and removal system to minimize the accumulation of liquid on the primary barrier of the containment building;
(A) The primary barrier shall be sloped to drain liquids to the associated collection system;
(B) Liquids and waste shall be collected and removed to minimize hydraulic head on the containment system at the earliest practicable time.
(3) A secondary containment system including a secondary barrier designed and constructed to prevent migration of hazardous constituents into the barrier, and a leak detection system that is capable of detecting failure of the primary barrier and collecting accumulated hazardous wastes and liquids at the earliest practicable time.
(A) The requirements of the leak detection component of the secondary containment system are satisfied by installation of a system that is, at a minimum:
1. Constructed with a bottom slope of 1 percent or more; and
2. Constructed of a granular drainage material with a hydraulic conductivity of 1X10<<super>>-2 cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed of synthetic or geonet drainage materials with a transmissivity of 3X10<<super>>-5 m<<super>>2 /sec or more.
(B) If treatment is to be conducted in the building, an area in which such treatment will be conducted shall be designed to prevent the release of liquids, wet materials, or liquid aerosols to other portions of the building.
(C) The secondary containment system shall be constructed of materials that are chemically resistant to the waste and liquids managed in the containment building and of sufficient strength and thickness to prevent collapse under the pressure exerted by overlaying materials and by any equipment used in the containment building. (Containment buildings can serve as secondary containment systems for tanks placed within the building under certain conditions. A containment building can serve as an external liner system for a tank, provided it meets the requirements of section 66264.193(d)(1). In addition, the containment building shall meet the requirements of section 66264.193(b) and sections 66264.193(c)(1) and (2) to be considered an acceptable secondary containment system for a tank.)
(c) Owners or operators of all containment buildings shall:
(1) Use controls and practices to ensure containment of the hazardous waste within the unit; and, at a minimum:
(A) Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the primary barrier;
(B) Maintain the level of the stored/treated hazardous waste within the containment walls of the unit so that the height of any containment wall is not exceeded;
(C) Take measures to prevent the tracking of hazardous waste out of the unit by personnel or by equipment used in handling the waste. An area shall be designated to decontaminate equipment and any rinsate shall be collected and properly managed; and
(D) Take measures to control fugitive dust emissions such that any openings  (doors, windows, vents, cracks, etc.) exhibit no visible emissions (see 40 CFR part 60, appendix A, Method 22--Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares). In addition, all associated particulate collection devices (e.g., fabric filter, electrostatic precipitator) shall be operated and maintained with sound air pollution control practices (see 40 CFR part 60 subpart 292 for guidance). This state of no visible emissions shall be maintained effectively at all times during routine operating and maintenance conditions, including when vehicles and personnel are entering and exiting the unit;
(2) Obtain certification by a qualified  registered professional engineer that the containment building design meets the requirements of paragraphs (a) through (c) of this section. For units placed into operation prior to February 18, 1993, this certification shall be placed in the facility's operating record (on-site files for generators who are not formally required to have operating records) no later than 60 days after the date of initial operation of the unit. After February 18, 1993, PE certification will be required prior to operation of the unit.
(3) Throughout the active life of the containment building, if the owner or operator detects a condition that could lead to or has caused a release of hazardous waste, the owner or operator shall repair the condition promptly, in accordance with the following procedures.
(A) Upon detection of a condition that has lead to a release of hazardous waste (e.g., upon detection of leakage from the primary barrier) the owner or operator shall:
1. Enter a record of the discovery in the facility operating record;
2. Immediately remove the portion of the containment building affected by the condition from service;
3. Determine what steps shall be taken to repair the containment building, remove any leakage from the secondary collection system, and establish a schedule for accomplishing the cleanup and repairs; and
4. Within 7 days after the discovery of the condition, notify the Department of the condition, and within 14 working days, provide a written notice to the Department with a description of the steps taken to repair the containment building, and the schedule for accomplishing the work.
(B) The Department will review the information submitted, make a determination regarding whether the containment building shall be removed from service completely or partially until repairs and cleanup are complete, and notify the owner or operator of the determination and the underlying rationale in writing;
(C) Upon completing all repairs and cleanup the owner or operator shall notify the Department in writing and provide a verification signed by a qualified, registered professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with subsection (c)(3)(A)4;
(4) Inspect and record in the facility's operating record, at least once every seven days, data gathered from monitoring equipment and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.
(d) For containment buildings that contain areas both with and without secondary containment, the owner or operator shall:
(1) Design and operate each area in accordance with the requirements enumerated in paragraphs (a) through (c) of this subsection;
(2) Take measures to prevent the release of liquids or wet materials into areas without secondary containment; and
(3) Maintain in the facility's operating log a written description of the operating procedures used to maintain the integrity of areas without secondary containment.
(e) Notwithstanding any other provision of this article, the Department may waive requirements for secondary containment for a permitted containment building where the owner/operator demonstrates that the only free liquids in the unit are limited amounts of dust suppression liquids required to meet occupational health and safety requirements, and where containment of managed wastes and liquids can be assured without a secondary containment system.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 264.1101. 
  

 



s 66264.1102. Closure and Post-Closure Care.
 (a) At closure of a containment building, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.,) contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 66261.3(d) applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for containment buildings shall meet all of the requirements specified in articles 7 and 8 of this chapter.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (a) of this subsection, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills (section 66264.310). In addition, for the purposes of closure, post-closure, and financial responsibility, such a containment building is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in articles 7 and 8 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 264.1102. 
  
 



s 66264.1103 - 66264.1110. [Reserved]
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code: 40 CFR Sections 264.1102 and 264.1103-1110.

 



s 66265.1. Purpose, Scope, and Applicability.
 (a) The purpose of this chapter is to establish minimum standards that define the acceptable management of hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled.
(b) Except as provided in section 66265.1080(b), the standards of this chapter, and of article 15.5 of chapter 14 of this division, apply to owners and operators of facilities that transfer, treat, store or dispose of hazardous waste who have fully complied with the requirements for interim status under Health and Safety Code section 25200.5 and section 66270.10 of this division until either a permit is issued under Health and Safety Code section 25200 or until applicable closure and post-closure responsibilities specified in this chapter are fulfilled, and those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by 42 U.S.C. section 6930(a) and/or failed to file Part A of the permit application as required by section 66270.10(e) and (g). These standards apply to all transfer, treatment, storage and disposal of hazardous waste at these facilities, except as specifically provided otherwise in this chapter or chapters 11, 12 or 13 of this division.
(c) Notwithstanding subsection (b), no facility shall operate under interim status if the owner or operator has failed to file Part A of the permit application as required by section 66270.10(e) and (g). A facility operating under interim status shall not:
(1) manage hazardous wastes which are not specified in Part A of the permit application;
(2) employ processes not described in Part A of the permit application; or
(3) exceed the design capacities specified in Part A of the permit application.
(d) The requirements of this chapter do not apply to:
(1) a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Federal Marine Protection, Research, and Sanctuaries Act (33 U.S.C. section 1401, et. seq). Such person shall comply with the requirements of this chapter when transferring, treating or storing hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea, as provided in subsection (b) of this section;
(2) [reserved];
(3) the owner or operator of a POTW which transfers, treats, stores, or disposes of hazardous waste;
(4) [reserved];
(5) [reserved];
(6) the owner or operator of a facility managing recyclable materials described in section 66261.6(a)(2)(B) of this division (except to the extent they are referred to in article 8 of chapter 16 of this division);
(7) a generator accumulating waste on-site in compliance with section 66262.34 of this division, except to the extent the requirements are included in section 66262.34 of this division;
(8) a farmer disposing of waste pesticides from the farmer's own use in compliance with section 66262.70 of this division;
(9) [reserved];
(10) [reserved];
(11)(A) except as provided in subsection (d)(11)(B) of this section, a person engaged in treatment or containment activities during immediate response to any of the following situations:
1. a discharge of a hazardous waste;
2. an imminent and substantial threat of a discharge of a hazardous waste;
3. a discharge of a material which, when discharged, becomes a hazardous waste;
(B) an owner or operator of a facility otherwise regulated by this chapter shall comply with all applicable requirements of articles 3 and 4 of this chapter;
(C) any person who is covered by subsection (d)(11)(A) of this section and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and chapter 21 of this division for those activities.
(12) a transporter storing manifested shipments of hazardous waste in containers at a transfer facility, or a transfer facility storing manifested shipments of hazardous waste in containers, for six days or less, or 10 days or less for transfer facilities in areas zoned industrial by the local planning authority, and meeting the requirements of sections 66262.30 and 66263.18;
(13) the addition of absorbent material to waste in a container (as defined in section 66260.10 of this division) or the addition of waste to the absorbent material in a container provided that these actions occur at the time waste is first placed in the containers; and sections 66265.17(b), 66265.171, and 66265.172 are complied with;
(14) persons managing hazardous waste in a hazardous waste management unit not subject to 40 CFR Part 265 (incorporated by reference in section 66260.11 of this division) pursuant to an exemption in 40 CFR section 265.1(c), if the waste managed in that unit is identified as a hazardous waste solely because it exhibits the characteristic of toxicity set forth in section 66261.24(a)(1) of this division.
(15) Persons who manage universal waste. These persons are subject to regulation under chapter 23 when managing universal wastes listed in section 66261.9 of this division.
(e) The owner or operator of a facility under subsections (d)(1) through (3) of this section shall be subject to the requirements of chapter 14 of this division to the extent they are included in a permit granted to such a person under 40 CFR Part 122 or under Subchapter H (commencing with Part 220) of chapter I of 40 CFR.
(f) The following hazardous wastes shall not be managed at facilities subject to regulation under this chapter:
(1) EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027 unless:
(A) the wastewater treatment sludge is generated in a surface impoundment as part of the plant's wastewater treatment system;
(B) the waste is stored in tanks or containers;
(C) the waste is stored or treated in waste piles that meet the requirements of section 66264.250(c) as well as all other applicable requirements of article 12 of this chapter;
(D) the waste is burned in incinerators that are certified pursuant to the standards and procedures in section 66265.352; or
(E) the waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are certified pursuant to the standards and procedures in section 66265.383.
(g) The requirements of this chapter apply to owners or operators of all facilities which transfer, treat, store or dispose of hazardous waste referred to in chapter 18 of this division, and the chapter 18 standards are considered material conditions or requirements of the chapter 15 interim status standards.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25159,  25219.1 and 58012, Health and Safety Code. Reference: Sections 25118, 25141, 25150, 25159, 25159.5, 25200.5, 25219, 25219.1 and 25219.2, Health and Safety Code; and 40 CFR Section 265.1. 
  
 



s 66265.2. Compliance Schedule for Changes During Interim Status.
The owner or operator of a hazardous waste facility who has operated pursuant to a grant of interim status on or before the effective date of this division and is required to comply with the provisions of this chapter, shall submit a request for change(s) in the facility pursuant to chapter 20, article 7 of this division to the Department within 180 days of the effective date of this division. The request shall describe the exact change(s) to be made to the facility to comply with the provisions of this chapter. The owner or operator of such a facility shall implement the approved change(s) according to a schedule of compliance established by the Department.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25200.5, Health and Safety Code. 
  
 



s 66265.4. Enforcement Actions.
In addition to bringing an enforcement action pursuant to chapter 6.5 of division 20 commencing with section 25100 of the Health and Safety Code, the Department may take or secure actions pursuant to Health and Safety Code section 25358.3.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5, 25180.5 through 25196.6 and 25358.3, Health and Safety Code; 40 CFR Section 265.4. 
  
 



s 66265.10. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities, except as section 66265.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.10. 
  
 



s 66265.11. Identification Number.
Every facility owner or operator shall apply to the Department for an Identification Number in accordance with the Department's notification procedures.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.11. 
  
 



s 66265.12. Required Notices.
 (a)(1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source shall notify the Department in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. The notification shall be sent to the Import /Export Coordinator, Department of Toxic Substances Control, Hazardous Waste Management Program, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205. Notice of subsequent shipments of the same waste from the same foreign source is not required.
(2) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to the requirements of 40 CFR Part 262, Subpart H or this article shall provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460 and to the competent authorities of all other concerned countries within three working days of receipt of the shipment. The original of the signed tracking document shall be maintained at the facility for at least three years.
(b) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) shall inform the generator in writing that the owner or operator has the appropriate interim status for, and will accept, the waste the generator is shipping. The owner or operator shall keep a copy of this written notice as part of the operating record.
(c)(1) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure care period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and chapter 20 of this division. (Also see section 66270.72 of this division.)
(2) An owner's or operator's failure to notify the new owner or operator of the requirements of this chapter shall not relieve the new owner or operator of the obligation to comply with all applicable requirements.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 265.12. 
  
 



s 66265.13. General Waste Analysis.
 (a)(1) Before an owner or operator transfers, treats, stores, or disposes of any hazardous waste, or non-hazardous waste if applicable under section 66265.113(d), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum, this analysis shall contain all the information which must be known to transfer, treat, store, or dispose of the waste in accordance with the requirements of this chapter and chapter 18 of this division.
(2) The analysis may include data developed under chapter 11 of this division, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.
(A) The facility's record of analyses performed on the waste before the effective date of these regulations, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with subsection (a)(1) of this section.
(B) The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part or all of the information required by subsection (a)(1) of this section, except as otherwise specified in section 66268.7(b) and (c).
(3) If the generator does not supply the information as specified in subsection (a)(2)(B) of this section, and the owner or operator chooses to accept a hazardous waste, the owner or operator shall obtain the information required to comply with this section.
(4) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated:
(A) when the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste, or non-hazardous waste, if applicable under section 66265.113(d), has changed; and
(B) for off-site facilities, when the results of the inspection required in subsection (a)(5) of this section indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.
(5) The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
(b) The owner or operator shall develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with subsection (a) of this section. The owner or operator shall keep this plan at the facility. At a minimum, the plan shall specify:
(1) the parameters for which each hazardous waste, or non-hazardous waste if applicable under section 66265.113(d), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsection (a) of this section);
(2) the test methods which will be used to test for these parameters;
(3) the sampling and sampling management methods which will be used to obtain a representative sample of the waste to be analyzed. The sampling, planning methodology, equipment, sample processing, documentation and custody procedures shall be in accordance with either:
(A) one of the sampling methods described in Appendix I of chapter 11 of this division; or
(B) an equivalent sampling method.
(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date;
(5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply; and
(6) where applicable, the methods which will be used to meet the additional waste analysis requirements for specific waste management methods as specified in sections 66265.193, 66265.200, 66265.225, 66265.252, 66265.273, 66265.314, 66265.341, 66265.375, 66265.402, 66265.1034(d), 66265.1063(d), 66265.1084 and 66268.7 of this division.
(7) For owners and operators seeking an exemption to the air emission standards of article 30 in accordance with section 66265.1083:
(A) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption.
(B) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge of the waste.
(c) For off-site facilities, the waste analysis plan required in subsection (b) of this section shall also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan shall describe:
(1) the procedures which will be used to determine the identity of each movement of waste managed at the facility; and
(2) the sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.
(3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.13. 
  
 



s 66265.14. Security.
 (a) The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless the owner or operator can demonstrate to the Department that:
(1) physical contact with the waste, structures, or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility, and
(2) disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of this chapter.
(b) Unless the owner or operator has made a successful demonstration under subsection (a)(1) and (2) of this section, a facility shall have:
(1) a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or
(2)(A) an artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and
(B) a means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility).
(3) The requirements of subsection (b)(1) or (2) of this section shall be satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of subsection (b)(1) or (2) of this section.
(c) Unless the owner or operator has made a successful demonstration under subsections (a)(1) and (a)(2) of this section, a sign with the legend, "Danger Hazardous Waste Area -Unauthorized Personnel Keep Out," shall be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend shall be written in English, Spanish and in any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger Hazardous Waste Area -Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.14. 
  
 



s 66265.15. General Inspection Requirements.
 (a) The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to: (1) release of hazardous waste constituents to the environment; or (2) a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
(b)(1) The owner or operator shall develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.
(2) The owner or operator shall keep this schedule at the facility.
(3) The schedule shall identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).
(4) The frequency of inspection may vary for the items on the schedule. However, it should be based on the rate of possible deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, or malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies called for in sections 66265.174, 66265.193, 66265.195, 66265.226, 66265.260, 66265.278, 66265.304, 66265.347, 66265.377, 66265.403, 66265.1033, 66265.1052, 66265.1053, and 66265.1058, where applicable.
(c) The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.
(d) The owner or operator shall record inspections in an inspection log or summary. The owner or operator shall keep these records for at least three years from the date of inspection. At a minimum, these records shall include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.15. 
  
 



s 66265.16. Personnel Training.
 (a)(1) Facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required under subsection (d)(3) of this section.
(2) This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.
(3) At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including where applicable:
(A) procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
(B) key parameters for automatic waste feed cut-off systems;
(C) communications or alarm systems;
(D) response to fires or explosions;
(E) response to ground-water contamination incidents; and
(F) shutdown of operations.
(b) Facility personnel shall successfully complete the program required in subsection (a) of this section within six months after the date of their employment or assignment to a facility, or to a new position at a facility. Employees hired after the effective date of these regulations shall not work in unsupervised positions until they have completed the training requirements of subsection (a) of this section.
(c) Facility personnel shall take part in an annual review of the initial training required in subsection (a) of this section.
(d) The owner or operator shall maintain the following documents and records at the facility:
(1) the job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;
(2) a written job description for each position listed under subsection (d)(1) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position;
(3) a written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under subsection (d)(1) of this section;
(4) records that document that the training or job experience required under subsections (a), (b), and (c) of this section has been given to, and completed by, facility personnel.
(e) Training records on current personnel shall be kept until closure of the facility. Training records on former employees shall be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.16. 
  
 



s 66265.17. General Requirements for Ignitable, Reactive, or Incompatible Wastes.
 (a) The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste shall be separated and protected from sources of ignition or reaction including but not limited to: Open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. "No Smoking" signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other sections of this chapter, the transfer, treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, shall be conducted so that it does not:
(1) generate extreme heat or pressure, fire or explosion, or violent reaction;
(2) produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;
(3) produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
(4) damage the structural integrity of the device or facility containing the waste; or
(5) through other like means threaten human health or the environment.
(c) When required to comply with subsection (a) or (b) of this section, the owner or operator shall document that compliance. This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses (as specified in section 66265.13) or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.17. 
  
 



s 66265.18. Location Standards.
 (a) The placement of any hazardous waste in a salt dome, salt bed formation, underground mine or cave is prohibited.
(b) A facility located in a 100-year floodplain or within the maximum high tide shall be designed, constructed, operated and maintained to prevent washout of any hazardous waste by a 100-year flood or maximum high tide, unless the owner or operator can demonstrate to the Department's satisfaction that procedures are in effect which will cause the waste to be removed safely, before flood waters can reach the facility, to a location where the wastes will not be vulnerable to flood or tide waters.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.18. 
  
 



s 66265.19. Construction Quality Assurance Program.
 (a) CQA program. (1) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile, and landfill units that are required to comply with sections 66265.221(a), 66265.254, and 66265.301(a). The program shall ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program shall be developed and implemented under the direction of a CQA officer who is a California state registered professional Civil engineer.
(2) The CQA program shall address the following physical components, where applicable:
(A) Foundations;
(B) Dikes;
(C) Low-permeability soil liners;
(D) Geomembrane (flexible membrane liners);
(E) Leachate collection and removal systems and leak detection systems; and
(F) Final cover systems.
(b) Written CQA plan. Before construction begins on a unit subject to the CQA program under subsection (a) of this section, the owner or operator shall develop a written CQA plan. The plan shall identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan shall include:
(1) Identification of applicable units, and a description of how they will be constructed.
(2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for all unit components identified in subsection (a)(2) of this section, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description shall cover: Sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for construction materials; plans for implementing corrective measures; and data or other information to be recorded and retained in the operating record under section 66265.73.
(c) Contents of program. (1) The CQA program shall include observations, inspections, tests, and measurements sufficient to ensure:
(A) Structural stability and integrity of all components of the unit identified in subsection (a)(2) of this section;
(B) Proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications;
(C) Conformity of all materials used with design and other material specifications under sections 66264.221, 66264.251, and 66264.301 of this chapter.
(2) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full-scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of sections 66264.221(c)(1), 66264.251(c)(1), and 66264.301(c)(1) of this chapter in the field. Compliance with the hydraulic conductivity requirements shall be verified by using in-situ testing on the constructed test fill. The test fill requirement is waived where data are sufficient to show that a constructed soil liner meets the hydraulic conductivity requirements of sections 66264.221(c)(1), 66264.251(c)(1), and 66264.301(c)(1) of this chapter in the field.
(d) Certification. The owner or operator of units subject to section 66265.19 shall submit to the Department by certified mail or hand delivery, at least 30 days prior to receiving waste, a certification signed by the CQA officer that the CQA plan has been successfully carried out and that the unit meets the requirements of sections 66265.221(a), 66265.254, or 66265.301(a). The owner or operator may receive waste in the unit after 30 days from the Department's receipt of the CQA certification unless the Department determines in writing that the construction is not acceptable, or extends the review period for a maximum of 30 more days, or seeks additional information from the owner or operator during this period. Documentation supporting the CQA officer's certification shall be furnished to the Department upon request.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.19. 
  
 



s 66265.25. Seismic and Precipitation Design Standards.
 (a) Except as provided by section 66265.192, facilities subject to this chapter and all cover systems and drainage control systems required by this chapter shall be designed to function without failure when subjected to capacity, hydrostatic and hydrodynamic loads resulting from a 24-hour probable maximum precipitation storm.
(b) The following shall be designed, constructed and maintained to withstand the maximum credible earthquake without the level of public health and environmental protection afforded by the original design being decreased:
(1) all surface impoundments, waste piles, landfills and land treatment facilities subject to this chapter; and
(2) all covers and cover systems required by this chapter and all containment and control features which will remain after closure at permanent hazardous waste disposal areas.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 66265.30. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities, except as section 66265.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.30. 
  
 



s 66265.31. Maintenance and Operation of Facility.
Facilities shall be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.31. 
  
 



s 66265.32. Required Equipment.
All facilities shall be equipped with the following, unless it can be demonstrated to the Department that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:
(a) an internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
(b) a device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;
(c) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and
(d) water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems .
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.32. 
  
 



s 66265.33. Testing and Maintenance of Equipment.
All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.33. 
  
 



s 66265.34. Access to Communications or Alarm System.
 (a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the Department has ruled that such a device is not required under section 66265.32.
(b) If there is ever just one employee on the premises while the facility is operating, the employee shall have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the Department has ruled that such a device is not required under section 66265.32.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 256.34. 
  
 



s 66265.35. Required Aisle Space.
The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it can be demonstrated to the Department that aisle space is not needed for any of these purposes.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.35. 
  
 



s 66265.37. Arrangements with Local Authorities.
 (a) The owner or operator shall attempt to make the following arrangements, as appropriate, for the type of waste handled at the facility and the potential need for the services of these organizations:
(1) arrangements to familiarize police, fire departments, emergency response teams, and the local Office of Emergency Services with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;
(2) where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;
(3) agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and
(4) arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.
(b) Where State or local authorities decline to enter into such arrangements, the owner or operator shall document the refusal in the operating record.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.37. 
  
 



s 66265.50. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities, except as section 66265.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.50. 
  
 



s 66265.51. Purpose and Implementation of Contingency Plan.
 (a) Each owner or operator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.
(b) The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.51. 
  
 



s 66265.52. Content of Contingency Plan.
 (a) The contingency plan shall describe the actions facility personnel shall take to comply with sections 66265.51 and 66265.56 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.
(b) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112, or 40 CFR Part 1510, or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this chapter.
(c) The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to section 66265.37.
(d) The plan shall list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see section 66265.55), and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates.
(e) The plan shall include a list of all emergency equipment at the facility  (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.
(f) The plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).
(g) The plan shall include the current telephone number of the State Office of Emergency Services.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.52. 
  
 



s 66265.53. Copies of Contingency Plan.
 A copy of the contingency plan and all revisions to the plan shall be:
(a) maintained at the facility; and
(b) submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.53. 
  
 



s 66265.54. Amendment of Contingency Plan.
The contingency plan shall be reviewed, and immediately amended, if necessary, whenever:
(a) applicable regulations are revised;
(b) the plan fails in an emergency;
(c) the facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;
(d) the list of emergency coordinators changes; or
(e) the list of emergency equipment changes.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.54. 
  
 



s 66265.55. Emergency Coordinator.
At all times, there shall be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.55. 
  
 



s 66265.56. Emergency Procedures.
 (a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the emergency coordinator's designee when the emergency coordinator is on call) shall immediately:
(1) activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and
(2) notify appropriate State or local agencies with designated response roles if their help is needed.
(b) Whenever there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions).
(d) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, the emergency coordinator shall report the findings as follows.
(1) If the emergency coordinator's assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated; and
(2) The emergency coordinator shall, in every situation, immediately notify the State Office of Emergency Services. The report shall include:
(A) name and telephone number of reporter;
(B) name and address of facility;
(C) time and type of incident (e.g., release, fire);
(D) name and quantity of material(s) involved, to the extent known;
(E) the extent of injuries, if any; and
(F) the possible hazards to human health, or the environment, outside the facility.
(e) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers.
(f) If the facility stops operations in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. Unless the owner or operator can demonstrate, in accordance with section 66261.3(c) or (d) of this division, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chapters 12, 13, and 15 of this division.
(h) The emergency coordinator shall ensure that, in the affected area(s) of the facility:
(1) no waste that may be incompatible with the released material is transferred, treated, stored, or disposed of until cleanup procedures are completed; and
(2) all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
(i) The owner or operator shall notify the Department, and appropriate State and local authorities, that the facility is in compliance with subsection (h) of this section before operations are resumed in the affected area(s) of the facility.
(j) The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the Department. The report shall include:
(1) name, address, and telephone number of the owner or operator;
(2) name, address, and telephone number of the facility;
(3) date, time, and type of incident (e.g., fire, explosion);
(4) name and quantity of material(s) involved;
(5) the extent of injuries, if any;
(6) an assessment of actual or potential hazards to human health or the environment, where this is applicable; and
(7) estimated quantity and disposition of recovered material that resulted from the incident.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.56. 
  

 



s 66265.70. Applicability.
 (a) The regulations in this article apply to owners and operators of both on-site and off-site facilities, except as section 66265.1 provides otherwise. Sections 66265.71, 66265.72, and 66265.76 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources.
(b) Compliance with the revisions to the Manifest form and procedures announced in the regulation published by U.S.EPA on March 4, 2005 and by the department on August 24, 2006, shall not be required until on and after September 5, 2006.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 265.70. 
  
 



s 66265.71. Use of Manifest System.
 (a)(1) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or the facility's agent, shall sign and date each copy of the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.
(2) If a facility receives a hazardous waste shipment accompanied by a manifest, including a facility located out of state, the owner, operator or the facility's agent shall:
(A) sign and date, by hand, each copy of the manifest;
(B) note any significant discrepancies in the manifest (as defined in section 66265.72, subsection (a)) on each copy of the manifest, and enter the most appropriate Hazardous Waste Report Management Method codes for each waste listed on the manifest from the list published in the most recent Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B) and shown in Appendix II of chapter 14.
(C) immediately give the transporter at least one copy of the signed manifest;
(D) within 30 days after the delivery, send a copy of the manifest to the generator;
(E) retain at the facility a copy of each manifest for at least three years from the date of delivery;
(F) within 30 days of each receipt of hazardous waste submit to the Department a legible copy of each manifest used. The facility manifest copy shall be submitted to the department for every shipment on a manifest when California is either the generator state or the destination state. The facility manifest copy shall be mailed to:
DTSC Facility Manifests
 
P.O. Box 3000
 
Sacramento, CA 95812-3000
 
; and
(G) a facility shall determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated federally) as hazardous wastes under its state hazardous waste program. Facilities shall also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.
(b) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the Identification Numbers, generator's certification, and signatures), the owner or operator, or the facility's agent, shall:
(1) sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received;
(2) note any significant discrepancies as defined in section 66265.72(a) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper;
(3) immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received);
(4) within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within 30 days after delivery) to the generator;
(5) within 30 days of each receipt of hazardous waste submit to the Department a legible copy of each manifest or shipping paper (if the manifest has not been received) used; and
(6) retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery.
(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of chapter 12 of this division.
(d) In addition to submitting a copy of the manifest to the department, if a facility receives federally regulated hazardous waste imported from a foreign source, the receiving facility shall mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
(e) Within three working days of the receipt of a shipment subject to the requirements of 40 Code of Federal Regulations Part 262, Subpart H or this article, the owner or operator of facility shall provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and to competent authorities of all other concerned countries. The original copy of the tracking document shall be maintained at the facility for at least three years from the date of signature.
(f) Whenever hazardous waste is received by a facility from a transporter in a vehicle or bulk container that will be removed from the facility after emptying, the transporter shall determine by inspection whether the vehicle or bulk container is empty pursuant to section 66261.7 prior to the removal of the vehicle or bulk container from the facility.
(g) If a vehicle or bulk container cannot be rendered empty pursuant to section 66261.7 by equipment and methods available at the facility, the transporter shall follow the procedure in subsection (b) of section 66263.21. If the vehicle or bulk container is not empty, the transporter shall not move the vehicle or bulk container without the designated facility preparing a new manifest for container residues pursuant to section 66265.72 or 40 Code of Federal Regulations section 265.72, if located out of state.
(h) The provisions of section 66262.34 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of section 66262.34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 265.71; Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787. 
  
 
 



s 66265.72. Manifest Discrepancies.
 (a) Manifest discrepancies are:
(1) Significant differences (as defined by paragraph (b) of this section) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives.
(2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues that exceed the quantity limits for  "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division.
(b) Significant discrepancies in quantity are: For bulk waste, variations greater than 10 percent in weight; for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant discrepancies in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.
(c) Upon discovering a significant discrepancy in quantity or type, the owner or operator shall attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit to the Department a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue. Significant Discrepancy Reports should be mailed to:
DTSC Report Repository
 
Generator Information Services Section
 
P.O. Box 806
 
Sacramento, CA 95812-0806
 
(d)(1) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division, the facility shall consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility may return the rejected waste or residue to the generator. The facility shall send the waste to the alternative facility or to the generator within the time frame specified in the permit or 60 days, whichever is shorter, of the rejection or the container residue identification. The waste shall be managed consistent with any applicable permit conditions. The waste shall be handled consistent with the requirements of section 25200.19 of the Health and Safety Code.
(2) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under this section, it shall ensure that either the delivering transporter retains custody of the waste, or, the facility shall provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under paragraph (e) or (f) of this section.
(e) Except as provided in paragraph (e)(7) of this section, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with section 66262.20, subsection (a) of this division or 40 Code of Federal Regulations section 262.20(a), if located out of state, and the following instructions:
(1) Write the generator's EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
(2) Write the name of the alternate designated facility and the facility's EPA ID number in the designated facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the U.S. Department of Transportation description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space. The facility shall retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility shall use a new manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6) of this section.
(f) Except as provided in paragraph (f)(7) of this section, for rejected wastes and residues that shall be sent back to the generator, the facility is required to prepare a new manifest in accordance with section 66262.20, subsection (a) of this division or 40 Code of Federal Regulations section 262.20(a), if located out of state, and the following instructions:
(1) Write the facility's EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
(2) Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the U.S. DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled, and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility shall retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility shall use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), and (6) of this section.
(g) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division, after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility shall amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility shall also copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, and shall re-sign and date the manifest to certify to the information as amended. The facility shall retain the amended manifest for at least three years from the date of amendment, and shall within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended. The facility shall submit a copy of the amended manifest within 30 days to the department at the address provided in section 66265.71, subsection (a)(2)(F).
(h) Upon discovering a discrepancy involving a hazardous waste of concern, as defined in section 66261.111(a), and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c), the owner or operator shall attempt to reconcile the reportable quantity or difference with the waste generator or transporter. If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and providing the following information:
(1) Facility name and identification number;
(2) Generator name and identification number;
(3) Transporter(s) name(s), identification number(s), and, if available, transporter(s) registration number(s);
(4) Manifest number;
(5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12, Article 7), quantity or volume of waste at issue, weight or volume units, and waste codes.
For shipments initiated on and after September 5, 2006, waste information  (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest instructions in the Appendix to chapter 12, article 8), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., on highway or roads, rail line, transfer station, truck stop, etc.).
(i) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (h), within 5 days after discovering the reportable quantity or difference, the owner or operator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it, and a copy of the manifest at issue.
(1) Owners or operators of facilities located in the counties of Los Angeles, Ventura, Santa Barbara, San Bernardino, Orange, Riverside, San Diego, or Imperial shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
(2) Owners or operators of facilities located in any other county, or out of state, shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Northern California Branch, 8800 Cal Center Drive, Sacramento, California 95826-3200.
 
  Note: Authority cited: Sections 25150, 25159, 25169.6, 25169.7 and  25169.8, Health and Safety Code. Reference: Sections 25159, 25159.5, 25160.6, 25169.5, 25169.6, 25169.7 and 25200.19, Health and Safety Code; 40 Code of Federal Regulations Section 265.72;Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787. 
  
 
 



s 66265.73. Operating Record.
 (a) The owner or operator shall keep a written operating record at the facility.
(b) The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility:
(1) a description and the quantity of each hazardous waste received, and the method(s) and date(s) of its transfer, treatment, storage, or disposal at the facility as required by Appendix I, of this chapter;
(2) the location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste shall be recorded on a map or diagram of each cell or disposal area. For all facilities, this information shall include cross-references to specific manifest document numbers, if the waste was accompanied by a manifest;
(3) records and results of waste analysis, waste determinations, and trial tests performed as specified in sections 66265.13, 66265.200, 66265.225, 66265.252, 66265.273, 66265.314, 66265.341, 66265.375, 66265.402, 66265.1034, 66265.1063, 66265.1084, 66268.4(a), and 66268.7 of this division;
(4) summary reports and details of all incidents that require implementing the contingency plan as specified in section 66265.56(j);
(5) records and results of inspections as required by section 66265.15  (d) (except these data need be kept only three years);
(6) monitoring, testing, or analytical data, and corrective action when required by article 6 and sections 66265.19, 66265.90, 66265.94, 66265.191, 66265.193, 66265.195, 66265.222, 66265.223, 66265.226, 66265.255, 66265.259, 66265.260, 66265.276, 66265.278, 66265.280(d)(1), 66265.302 through 66265.304, 66265.347, 66265.377, 66265.1034(c) through 66265.1034(f), 66265.1035, 66265.1063(d) through 66265.1063(i),  66265.1064, and 66265.1083 through 66265.1090.
(7) all closure cost estimates under section 66265.142 and, for disposal facilities, all post-closure cost estimates under section 66265.144;
(8) records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to section 66268.5, and the applicable notice required by a generator under section 66268.7(a);
(9) for an off-site treatment facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator under section 66268.7;
(10) for an on-site treatment facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator under section 66268.7;
(11) for an off-site land disposal facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under section 66268.7;
(12) for an on-site land disposal facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under section 66268.7;
(13) for an off-site storage facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator under section 66268.7;
(14) for an on-site storage facility, the information contained in the notice  (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under section 66268.7;
(15) for off-site facilities, notices to generators as specified in section 66265.12(b).
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25208.4(c), Health and Safety Code; and 40 CFR Section 265.73. 
  
 



s 66265.74. Availability, Retention, and Disposition of Records.
 (a) All records, including plans, required under this chapter shall be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of USEPA who is duly designated by the Administrator, the Department, the State Water Resources Control Board, or a regional water quality control board.
(b) The retention period for all records required under this chapter is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the Department or USEPA Administrator.
(c) A copy of records of waste disposal locations and quantities under section 66265.73(b)(2) shall be submitted to the Department, the appropriate regional water quality control board, and local land authority upon closure of the facility (see section 66265.119).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.74. 
  
 



s 66265.75. Annual Report.
For the Annual report on activities for 1995, only facilities that are required under Title 40 of the Code of Federal of Regulations (CFR), section 265.75 to prepare and submit this report are subject to this section for the report. This Report, due on March 1, 1996 is to be submitted on U.S. EPA form 8700- 13A/B (5-80) (8-95) provided by the Department. Facilities required to submit this report for activities conducted during 1995 are facilities which treated, stored, or disposed of RCRA hazardous waste on site in units subject to RCRA permitting requirements during 1995.
The owner or operator shall prepare and submit single copies of an annual report to the Department and the appropriate regional water quality control board by March 1 of each year. The annual report shall be submitted on forms provided by the Department EPA Form 8700-13A/B, 5-80, (Revised 11-89). The report shall cover facility activities during the previous calendar year and shall include the following information:
(a) the Identification Number, name, and address of the facility;
(b) the calendar year covered by the report;
(c) for off-site facilities, the Identification Number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report shall give the name and address of the foreign generator:
(d) a description, including any applicable EPA hazardous waste number from chapter 11, article 3 or 4 of this division, California Hazardous Waste Number from chapter 11, Appendix XII of this division, and DOT Hazardous class, and the quantity of each hazardous waste the facility received during the year. Wastes that are classified as non-RCRA wastes shall be described by indicating a generic name of the waste and the phrase "Non-RCRA Hazardous Waste." When possible, the generic name shall be obtained from chapter 11, Appendix X, subdivision (e) of this division. If the generic name is not listed in chapter 11, Appendix X, subdivision (e), the commonly recognized industrial name of the waste shall be used. For off-site facilities, this information shall be listed by Identification Number of each generator;
(e) the method of transfer, treatment, storage, or disposal for each hazardous waste;
(f) monitoring data under article 6 of this chapter where required;
(g) the most recent closure cost estimate under section 66265.142, and, for disposal facilities, the most recent post-closure cost estimate under section 66265.144; and
(h) for generators who transfer, treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;
(i) for generators who transfer, treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984;
(j) the certification signed by the owner or operator of the facility or the facility's authorized representative;
(k) the environmental monitoring data specified in section 66265.73;
(l) the owner or operator shall certify the following in writing for waste shipped offsite after January 1, 1990. The certification shall be attached to the Annual Report, and include the following:
(1) whether the hazardous waste shipped offsite has a heating value of 3,000 British Thermal Units per pound of waste or less, and a volatile organic compound (VOC) content of one percent or less by weight; and
(2) if the waste had a heating value or VOC content greater than that specified in subsection (l)(B)(1), that:
(A) the waste was incinerated or treated by any method that has been authorized by the Department as part of a hazardous waste facility permit issued pursuant to Health and Safety Code section 25200; or
(B) the waste is exempted from the requirements of chapter 18, article 12; or
(C) the waste was recycled; or
(D) the waste was shipped out of California for incineration, treatment, disposal or recycling.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25155.5, 25159, 25159.5 and 25244.4, Health and Safety Code; 40 CFR Section 265.75. 
  
 



s 66265.76. Unmanifested Waste Report.
 (a) If a facility accepts for transfer, treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in section 66263.20(e)(2) of this division, and if the waste is not excluded from the manifest requirement of this chapter, then the owner or operator shall prepare and submit a single copy of a report to the Department within fifteen days after receiving the waste. The unmanifested waste report shall be submitted in the form of a letter to the Department at:
DTSC Report Repository
 
Generator Information Services Section
 
P.O. Box 806
 
Sacramento, CA 95812-0806
 
Such report shall be designated 'Unmanifested Waste Report' and include the following information:
(1) the Identification Number, name, and address of the facility;
(2) the date the facility received the waste;
(3) the Identification Number, name, and address of the generator and the transporter, if available;
(4) a description and the quantity of each unmanifested hazardous waste the facility received;
(5) the method of transfer, treatment, storage, or disposal for each hazardous waste;
(6) the certification signed by the owner or operator of the facility or the facility's authorized representative; and
(7) a brief explanation of why the waste was unmanifested, if known.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 265.76. 
  
 



s 66265.77. Additional Reports.
In addition to submitting the annual report and unmanifested waste reports described in sections 66265.75 and 66265.76, the owner or operator shall also report to the Department:
(a) releases, fires, and explosions as specified in section 66265.56(j);
(b) ground-water contamination and monitoring data as specified in sections 66265.93 and 66265.94;
(c) facility closure as specified in section 66265.115; and
(d) as otherwise required by chapter 15, articles 6 through 17, of this division.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.77. 
  
 



s 66265.78. Reporting Hazardous Wastes of Concern Discovered To Be Missing While in Storage.
 (a) The owner or operator of a hazardous waste facility, except a facility operating under a Permit by Rule, Conditional Authorization, or Conditional Exemption, shall comply with reporting requirements set forth in this section, in the event that a hazardous waste of concern, as defined in section 66261.111(a), is discovered to be missing during storage at the facility, and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c).
(b) Upon discovering that a hazardous waste of concern is missing, and the waste at issue represents a reportable quantity or a reportable difference in type, the owner or operator shall immediately attempt to reconcile the reportable quantity or difference (e.g., by reviewing facility records). If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and providing the following information:
(1) Facility name and identification number;
(2) Generator name and identification number, if available;
(3) Transporter name, identification number, and transporter registration number, if available;
(4) Manifest number, if available;
(5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12, Article 7), quantity or volume of waste at issue, weight or volume units, and waste codes.
For shipments initiated on and after September 5, 2006, waste information  (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest instructions in the Appendix to chapter 12, article 8), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., areas at the facility the waste was handled or stored or during transportation to the facility on highway or roads, by rail line, transfer station, truck stop, etc.).
(c) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (b), within 5 days after discovering the reportable quantity or difference, the owner or operator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it. The owner or operator shall mail the letter to the appropriate address for the county in which the facility is located, as specified in section 66265.72(i).
 
  Note: Authority cited: Sections 25169.6, 25169.7 and 25169.8, Health and Safety Code. Reference: Sections 25169.5, 25169.6 and 25169.7, Health and Safety Code; and 40 Code of Federal Regulations 262 Appendix. 
  
 



s 66265.90. Applicability.
 (a) The regulations in this article apply to owners or operators of facilities specified in section 66265.1(b). A surface impoundment, waste pile, land treatment unit or landfill that receives or has received hazardous waste after November 19, 1980 shall comply with the requirements of this article for purposes of detecting, characterizing and responding to releases to groundwater, surface water or the unsaturated zone. The Department shall require an owner or operator of a surface impoundment, waste pile, land treatment unit or landfill that ceased receiving hazardous waste by November 19, 1980 to comply with the requirements of this article if the Department determines that constituents in or derived from waste placed in the surface impoundment, waste pile, land treatment unit or landfill may pose a threat to human health or the environment. A surface impoundment, waste pile, land treatment unit or landfill required to comply with the provisions of this article is hereinafter referred to as a "regulated unit."
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.91. Required Programs and the Water Quality Sampling and Analysis Plan.
 (a) An owner or operator subject to this article shall conduct a monitoring and response program for each regulated unit at the facility as follows:
(1) the owner or operator shall institute a detection monitoring program under section 66265.98 except as required under subsections (a)(2) and (a)(3) of this section;
(2) the owner or operator shall institute an evaluation monitoring program under section 66265.99 whenever there is statistically significant evidence of a release, pursuant to section 66265.98(g) or (i) from the regulated unit during a detection monitoring program; and
(3) the owner or operator shall institute an evaluation monitoring program under section 66265.99 whenever there is significant physical evidence of a release from the regulated unit. Significant physical evidence of a release includes unexplained volumetric changes in surface impoundments, unexplained stress in biological communities, unexplained changes in soil coloration, visible signs of leachate migration, unexplained water table mounding beneath or adjacent to the regulated unit and any other change to the environment that could reasonably be expected to be the result of a release from the regulated unit.
(b) The owner or operator shall develop and follow a water quality sampling and analysis plan that satisfies the requirements of this article. The owner or operator shall submit this plan to the Department and initiate institute a water quality monitoring program required by subsection (a) of this section within 180 days of July 1, 1991. Until the water quality monitoring program is in full operation, the owner or operator shall continue to monitor in accordance with 40 CFR Part 265, Subpart F. The owner or operator shall submit all modifications to the water quality sampling and analysis plan to the Department and shall maintain a current version of the water quality sampling and analysis plan in the operating record at the facility. The Department shall require the owner or operator to modify the water quality sampling and analysis plan as necessary to protect human health or the environment.
(c) The owner or operator shall specify in the water quality sampling and analysis plan the specific elements of each monitoring and response program. For each regulated unit, the owner or operator shall include in the water quality sampling and analysis plan one or more of the programs identified in subsection (a) of this section as may be necessary to protect human health or the environment and shall specify the circumstances under which each of the programs will be required.
(d) In conjunction with an evaluation monitoring program the owner or operator shall continue to conduct a detection monitoring program under section 66265.98 as necessary to provide the best assurance of the detection of subsequent releases from the regulated unit.
 
  Note:    Authority cited: Sections 208, 25150 and 25259, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.92. Water Quality Protection Standard.
 (a) For each regulated unit, the owner or operator shall establish a water quality protection standard in the water quality sampling and analysis plan. This water quality protection standard shall consist of the list of constituents of concern under section 66265.93, the concentration limits under section 66265.94 and the point of compliance and all monitoring points under section 66265.95. This water quality protection standard shall apply during the active life of the regulated unit and during any compliance period under section 66265.96.
(b) If an owner or operator is conducting a detection monitoring program in conjunction with an evaluation monitoring program for a regulated unit pursuant to section 66265.91(d), the owner or operator may establish separate water quality protection standards for each program.
 
  Note:    Authority cited: Sections 208. 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.93. Constituents of Concern.
For each regulated unit, the owner or operator shall specify in the water quality sampling and analysis plan the constituents of concern to which the water quality protection standard of section 66265.92 applies. Constituents of concern are the waste constituents, reaction products, and hazardous constituents that are reasonably expected to be in or derived from waste contained in the regulated unit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.94. Concentration Limits.
 (a) For each constituent of concern specified pursuant to section 66265.93, the owner or operator shall specify in the water quality sampling and analysis plan one of the following for each medium (groundwater, surface water and the unsaturated zone) monitored pursuant to section 66265.97:
(1) a concentration limit not to exceed the background value of that constituent as determined under section 66265.97(e)(11)(A); or
(2) that, at any given time, the concentration limit for that constituent will be equal to the background value of that constituent, as determined pursuant to section 66265.97(e)(11)(B).
(b) The owner or operator shall only specify different concentration limits for different monitoring points in the same medium where necessary:
(1) to describe background conditions in multiple surface water bodies, multiple aquifers or geochemically dissimilar zones in the same aquifer; or
(2) because the statistical method selected for a constituent uses intra-well comparison procedures.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.95. Monitoring Points and the Point of Compliance.
 (a) For each regulated unit, the owner or operator shall specify in the water quality sampling and analysis plan the point of compliance at which the water quality protection standard of section 66265.92 applies and at which monitoring shall be conducted. The point of compliance is a vertical surface, located at the hydraulically downgradient limit of the waste management area, that extends through the uppermost aquifer underlying the regulated unit. For each regulated unit, the owner or operator shall specify monitoring points at the point of compliance and additional monitoring points at locations determined pursuant to section 66265.97 of this article at which the water quality protection standard under section 66265.92 of this article applies and at which monitoring shall be conducted.
(b) The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of the regulated unit.
(1) The waste management area includes horizontal space taken up by any liner, dike or other barrier designed to contain waste in the regulated unit.
(2) If the facility contains contiguous regulated units and monitoring along a shared boundary would impair the integrity of a containment or structural feature of any of the units, the waste management area may be described by an imaginary line along the outer boundary of the contiguous regulated units if the water quality monitoring program for each unit will enable the earliest possible detection of a release from that regulated unit. This provision only applies to contiguous regulated units that were operating before July 1, 1991.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.96. Compliance Period.
 (a) The owner or operator shall specify in the water quality sampling and analysis plan the compliance period for each regulated unit. The compliance period is the number of years equal to the active life of the regulated unit (including the closure period) and constitutes the minimum period of time during which the owner or operator shall conduct a water quality monitoring program subsequent to a release from the regulated unit.
(b) The compliance period begins each time the owner or operator initiates an evaluation monitoring program meeting the requirements of section 66265.99.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.97. General Water Quality Monitoring and System Requirements.
 (a) The owner or operator shall comply with the requirements of this section for any water quality monitoring program developed to satisfy sections 66265.98 or 66265.99.
(b) Groundwater Monitoring System.
(1) Except as provided under subsection (e)(3) of this section, the owner or operator shall establish a groundwater monitoring system for each regulated unit. The design of the groundwater monitoring system shall be based upon the information obtained from hydrogeologic investigations of the facility area, including the identification of the uppermost aquifer and aquifers hydraulically interconnected and a determination of groundwater flow rate and direction in each such aquifer. This groundwater monitoring system shall be fully operational within 180 days of July 1, 1991. Until such groundwater monitoring system is fully operational, the owner or operator shall continue to comply with 40 CFR Part 265, Subpart F. This groundwater monitoring system shall include:
(A) a sufficient number of background monitoring points (at least one) installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater that has not been affected by a release from the regulated unit;
(B) for a detection monitoring program under section 66265.98:
1. a sufficient number of monitoring points (at least three) installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater passing the point of compliance and to allow for the detection of a release from the regulated unit;
2. a sufficient number of monitoring points installed at additional locations and depths to yield groundwater samples from the uppermost aquifer as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit; and
3. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield groundwater samples from other aquifers, low-yielding saturated zones and from zones of perched water as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit; and
(C) for an evaluation monitoring program under section 66265.99:
1. a sufficient number of monitoring points (at least three) installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater passing the point of compliance, and at other locations in the uppermost aquifer as necessary, to provide the data needed to evaluate changes in water quality due to the release from the regulated unit; and
2. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield groundwater samples from other aquifers, low-yielding saturated zones and zones of perched water as necessary to provide the data needed to evaluate changes in water quality due to the release from the regulated unit.
(2) The groundwater monitoring system may include background monitoring points that are not hydraulically upgradient of the regulated unit if documentation is maintained in the facility operating record that demonstrates that sampling at other monitoring points will provide samples that are representative of the background quality of groundwater or are more representative than those provided by the upgradient monitoring points.
(3) A copy of drillers' logs shall be filed with the Department on Department of Water Resources form DWR 188-Rev 12-86, available from the Department of Water Resources, 3251 S Street, Sacramento, CA 95816-7017, or by phone at (916) 322-7171.
(4) All monitoring wells shall be cased and constructed in a manner that maintains the integrity of the monitoring well bore hole and prevents the bore hole from acting as a conduit for contaminant transport.
(5) The sampling interval of each monitoring well shall be appropriately screened and fitted with an appropriate filter pack to enable collection of representative groundwater samples.
(6) For each monitoring well the annular space (i.e., the space between the bore hole and well casing) above and below the sampling interval shall be appropriately sealed to prevent entry of contaminants from the surface, entry of contaminants from the unsaturated zone, cross contamination of saturated zones and contamination of samples.
(7) All monitoring wells shall be adequately developed to enable collection of representative groundwater samples.
(c) Surface Water Monitoring System.
(1) The owner or operator shall establish a surface water monitoring system to monitor each surface water body that could be affected by a release from the regulated unit.
(2) Each surface water monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield samples from each surface water body that represent the quality of the surface water that has not been affected by a release from the regulated units;
(B) for a detection monitoring program under section 66265.98, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the best assurance of the earliest possible detection of a release from the regulated unit; and
(C) for an evaluation monitoring program under section 66265.99, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the data necessary to evaluate changes in water quality due to the release from the regulated unit.
(d) Unsaturated Zone Monitoring System.
(1) Except as otherwise provided in subsection (d)(5) of this section, the owner or operator shall establish an unsaturated zone monitoring system for each regulated unit.
(2) The unsaturated zone monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that represent the quality of soil-pore liquid that has not been affected by a release from the regulated unit;
(B) for a detection monitoring program under section 66265.98, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that provide the best assurance of the earliest possible detection of a release from the regulated unit; and
(C) for an evaluation monitoring program under section 66265.99, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements as necessary to provide the data needed to evaluate changes in water quality due to the release from the regulated unit.
(3) Background monitoring points shall be installed at a background plot having soil characteristics similar to those of the soil underlying the regulated unit.
(4) The owner or operator shall install liquid recovery types of unsaturated zone monitoring (e.g., the use of lysimeters) unless the owner or operator submits to the Department, and maintains in the facility operating record, evidence that such methods of unsaturated zone monitoring cannot provide an indication of a release from the regulated unit. The owner or operator shall install complementary or alternative (nonliquid recovery) types of unsaturated zone monitoring as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit.
(5) The owner or operator may only omit unsaturated zone monitoring from the monitoring program if the owner or operator submits to the Department, and maintains in the facility operating record, evidence that either there is no unsaturated zone monitoring device or method designed to operate under the subsurface conditions existant at that waste management unit or that installation of unsaturated zone monitoring devices would require unreasonable dismantling or relocating of permanent structures.
(6) The owner or operator of a land treatment unit shall comply with the unsaturated zone monitoring and response requirements for that unit in article 13 of this chapter, in addition to the unsaturated zone monitoring requirements of this article.
(e) General Monitoring Requirements.
(1) All monitoring systems shall be designed and certified by a registered geologist or a registered civil engineer.
(2) All monitoring wells and all other borings drilled to satisfy the requirements of this article shall be logged during drilling under the direct supervision of a registered geologist. These logs shall be submitted to the Department upon completion of drilling.
(A) Soil shall be described in the geologic log according to the Unified Soil Classification System as presented in Geotechnical Branch Training Manuals Nos. 4, 5 and 6, published by the United States Bureau of Reclamation, January 1986, incorporated by reference in section 66260.11 of this division.
(B) Rock shall be described in the geologic log in a manner appropriate for the purpose of the investigation.
(C) Where possible, the depth and thickness of saturated zones shall be recorded in the geologic log.
(3) If a facility contains contiguous regulated units, separate groundwater monitoring systems are not required for each such unit if the water quality monitoring program for each unit will enable the earliest possible detection and measurement of a release from that unit.
(4) The water quality monitoring program shall include consistent sampling and analytical procedures that are designed to ensure that monitoring results provide a reliable indication of water quality at all monitoring points and background monitoring points. At a minimum the program shall include a detailed description of the procedures and techniques for:
(A) sample collection (e.g., purging techniques, sampling equipment and decontamination of sampling equipment);
(B) sample preservation and shipment;
(C) analytical procedures; and
(D) chain of custody control.
(5) The water quality monitoring program shall include appropriate sampling and analytical methods for groundwater, surface water and the unsaturated zone that accurately measure the concentration of each constituent of concern and the concentration or value of each monitoring parameter.
(6) For each regulated unit, the owner or operator shall collect all data necessary for selecting the appropriate statistical methods pursuant to subsections (e)(7), (e)(8) and (e)(9) of this section and for establishing the background values pursuant to subsection (e)(11) of this section. At a minimum, this data shall include analytical data obtained during quarterly sampling of all background monitoring points for a period of one year, including the times of expected highest and lowest annual elevations of the groundwater surface. For a new regulated unit, this data shall be collected before wastes are discharged at the unit and background soil pore liquid data shall be collected from beneath the unit before the unit is constructed.
(7) Based on data collected pursuant to subsection (e)(6) of this section the owner or operator shall select one of the statistical methods specified in subsection (e)(8) of this section for each constituent of concern and for each monitoring parameter. These methods shall be specified in the water quality sampling and analysis plan and shall be used in evaluating water quality monitoring data. The specifications for each statistical method shall include a detailed description of the criteria to be used for determining statistically significant evidence of any release from the regulated unit and for determining compliance with the water quality protection standard. Each statistical test specified for a particular constituent of concern or monitoring parameter shall be conducted separately for that constituent of concern or monitoring parameter at each monitoring point. The owner or operator shall maintain sufficient documentation in the facility operating record to demonstrate that use of the selected statistical methods will be protective of human health and the environment and will comply with the performance standards outlined in subsection (e)(9) of this section.
(8) The owner or operator shall specify one of the following statistical methods in the water quality sampling and analysis plan:
(A) a parametric analysis of variance (ANOVA) followed in all instances by a multiple comparisons procedure to identify statistically significant evidence of a release from the regulated unit. The method shall include estimation and testing of the contrasts between each monitoring point's mean and the background mean value for each constituent of concern or monitoring parameter;
(B) an analysis of variance (ANOVA) based on ranks followed in all instances by a multiple comparisons procedure to identify statistically significant evidence of a release from the regulated unit. The method shall include estimation and testing of the contrasts between each monitoring point's median and the background median values for each constituent of concern or monitoring parameter;
(C) a tolerance or prediction interval procedure in which an interval for each constituent of concern or monitoring parameter is established from the distribution of the background data, and the value for each constituent of concern or monitoring parameter at each monitoring point is compared to the upper tolerance or prediction limit;
(D) a control chart approach that gives control limits for each constituent of concern or monitoring parameter; or
(E) another statistical test method if sufficient documentation to support selection of the method is submitted to the Department and is maintained in the facility operating record. If the statistical test method includes a procedure to verify that there is statistically significant evidence of a release from the regulated unit, this procedure shall consist of either a single composite retest (i.e., a statistical analysis of the original data combined with newly-acquired data from the monitoring point at which evidence of a release has been indicated) or shall consist of at least two discrete retests (i.e., statistical analyses which analyze only newly-acquired data from the monitoring point at which evidence of a release has been indicated). The verification procedure shall comply with the following requirements in addition to the statistical performance standards under subsection (e)(9) of this section.
1. If the verification procedure consists of discrete retests, rejection of the null hypothesis for any one of the retests shall be considered confirmation of significant evidence of a release.
2. The number of additional samples collected and analyzed for use in the verification procedure shall be appropriate for the form of statistical test specified in the water quality sampling and analysis plan for that constituent of concern or monitoring parameter pursuant to subsection (e)(7) of this section. This number shall be greater than or equal to the number of samples specified in the water quality sampling and analysis plan for that constituent of concern or monitoring parameter pursuant to subsection (e)(12)(A) of this section.
3. If resampling at the interval identified for use in the initial statistical test pursuant to subsection (e)(12)(B) of this section would cause the entire resampling effort to take longer than 30 days, the sampling interval for use in the verification procedures shall be reduced to ensure that all samples are collected and submitted for laboratory analysis within 30 calendar days from the time that the owner or operator determines statistically significant evidence of a release pursuant to subsection 66265.98(g) or (i).
4. For a verification procedure consisting of a composite retest, the statistical verification procedure shall be based on all data obtained from the initial sampling event combined with all data obtained during the resampling event. For a verification procedure consisting of discrete retests, each shall analyze data obtained during its respective resampling event and no data shall be shared between retests.
5. For a verification procedure consisting of a composite retest, the statistical test method used in the verification procedure shall be the same as the method used in the initial statistical comparison, except that the statistical test used in the verification procedure shall be conducted at a Type 1 error level of no less than 0.05 for both the experimentwise analysis (if any) and the individual monitoring point comparisons; therefore, if a control chart approach is used to evaluate water quality monitoring data, the upper limit on an X-Bar or R-Chart must be set at no more than 1.645 standard deviations of the statistic plotted for a one-sided statistical comparison or at no more than 1.96 standard deviations of the statistic plotted for a two-sided statistical comparison.
6. For a verification procedure consisting of discrete retests, the statistical method used shall be the same as the method used in the initial statistical comparison. Notwithstanding any provision of subsection (e)(9) of this section, the critical value for the tests shall be chosen so that the Type I error rate for all individual monitoring point comparisons is the same, whether for an initial test or for a retest, and is equal-to-or-greater than either
(1-0.95<<super>>1/(mws)))<<super>>0.5 x (1/r)<<super>>0.5
               or
1-(.99)<<super>>1/6
whichever is larger, where: m = the number of monitoring parameters; w = the number of monitoring points at the waste management units; s = the number of times that suites of monitoring data from the waste management unit are subjected to initial statistical analysis within a period of six months (i.e., s <= 1); and r = the number of discrete retests that are to be conducted at a monitoring point whose initial statistical analysis for a given constituent of concern or monitoring paramenter has indicated the presence of a release (i.e., r <= 2).
7. The owner or operator shall report to the Department by certified mail the results of both the initial statistical test and the results of the verification procedure as well as all concentration data collected for use in these tests within seven days of the last laboratory analysis of the samples collected for the verification procedure.
8. The verification procedure shall only be performed for the constituent(s) which has shown statistically significant evidence of a release, and shall only be performed for that (those) monitoring point at which a release has been indicated.
(9) Each statistical method chosen under subsection (e)(7) of this section shall comply with the following performance standards for each six-month period.
(A) The statistical method used to evaluate water quality monitoring data shall be appropriate for the distribution of the constituent of concern or monitoring parameter to which it is applied and shall be the least likely of the appropriate methods to fail to identify a release from the regulated unit. If the distribution of a constituent of concern or monitoring parameter is inappropriate for a normal theory test, then the data shall be either transformed so that the distribution of the transformed data is appropriate for a normal theory test or a distribution-free theory test shall be used. If the distributions for the constituents of concern or monitoring parameters differ, more than one statistical method may be needed.
(B) If an individual monitoring point comparison procedure is used to compare an individual monitoring point constituent concentration or monitoring parameter value with a background parameter value or with a concentration limit in the water quality protection standard or with a background monitoring parameter value, the test shall be done at a Type I error level no less than 0.01. If a multiple comparisons procedure is used, the Type I experimentwise error rate shall be no less than 0.05; however, the Type I error of no less than 0.01 for each individual monitoring point comparison shall be maintained. This performance standard does not apply to tolerance intervals, prediction intervals or control charts.
(C) If a control chart approach is used to evaluate water quality, monitoring data, the specific type of control chart and its associated statistical parameter values (e.g., the upper control limit), shall be protective of human health and the environment. Any control charting procedure must have a false-positive rate of no less than 1 percent for each monitoring point charted (e.g., upper control limits on X-bar or R-charts used only once every six months must be set at no more than 2.327 standard deviations of the statistic plotted for a one-sided statistical comparison or at no more than 2.576 standard deviations of the statistic plotted for a two-sided statistical comparison).
(D) If a tolerance interval or a prediction interval is used to evaluate water quality monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain shall be protective of human health and the environment. These statistical parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentrations or values for each constituent of concern or monitoring parameter. The coverage of any tolerance interval used must be no more than 95 percent and the confidence coefficient must be no more than 95 percent for a six-month period. Prediction intervals shall be constructed with an experimentwise error rate of no less than 5 percent and an individual monitoring point error rate of no less than 1 percent.
(E) The statistical method shall account for data below the practical quantification quantitation limit with one or more statistical procedures that are protective of human health and the environment. Any practical quantitation limit that is used in the statistical method shall be the lowest concentration (or value) that can be reliably achieved within limits of precision and accuracy specified in the water quality sampling and analysis plan for routine laboratory operating conditions that are available to the facility. The owner or operator shall consider the practical quantification quantitation limits listed in Appendix IX to chapter 14 for guidance purposes when specifying limits of precision and accuracy in the water quality sampling and analysis plan.
(F) If necessary, the statistical methods shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.
(G) Any quality control procedure that is approved by the Department for application to water quality data from downgradient monitoring points for a monitored medium shall also be applied to all newly-acquired background data from that medium. Any newly-acquired background monitoring datum that is rejected by an approved quality control procedure shall be maintained in the facility record but shall be excluded from use in statistical comparisons with downgradient water quality data.
(10) Based on the data collected pursuant to subsection (e)(6) of this section and the statistical methods specified pursuant to subsection (e)(7) of this section, the owner or operator shall select and justify the use of a procedure for determining a background value for each constituent of concern and for each monitoring parameter specified in the water quality sampling and analysis plan. One of the following procedures shall be selected for groundwater, surface water and the unsaturated zone:
(A) a procedure for determining the background value for each constituent or parameter that does not display appreciable natural variation; or
(B) a procedure for establishing and updating the background value for a constituent or parameter to reflect changes in the background water quality if the use of contemporaneous or pooled data provides the greatest power to the statistical method for that constituent or parameter.
(11) Using the procedures for determining background values proposed pursuant to subsection (e)(10) of this section, the owner or operator shall specify in the water quality sampling and analysis plan one of the following for each constituent of concern and for each monitoring parameter:
(A) the background value established by the owner or operator using the procedure selected pursuant to subsection (e)(10)(A) of this section; or
(B) a detailed description of the procedure, selected pursuant to subsection  (e)(10)(B) of this section, to be used by the owner or operator for establishing and updating the background value.
(12) For each constituent of concern and monitoring parameter listed in the water quality sampling and analysis plan, the owner or operator shall specify in the water quality sampling and analysis plan the sampling methods to be used to establish background values and the sampling methods to be used for monitoring pursuant to this article.
(A) The number and kinds of samples collected shall be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with reasonable confidence that:
1. for a detection monitoring program, a release from the regulated unit will be detected; and
2. for an evaluation monitoring program, changes in water quality due to a release from the regulated unit will be recognized.
(B) The sampling method (including sampling frequency and the interval of time between successive samples) shall be appropriate for the medium from which samples are taken (e.g., groundwater, surface water and soil-pore liquid). The sampling method shall include either:
1. a sequence of at least four samples from each monitoring point, taken at an interval that assures, to the greatest extent technically feasible, that an independent sample is obtained. For groundwater, this interval shall be based upon the rate of groundwater movement in the aquifer and upon the fate and transport characteristics of the potential contaminants or pollutants. The rate of groundwater movement shall be calculated by reference to the aquifer's effective porosity, hydraulic conductivity and hydraulic gradient; or
2. an alternate sampling method if sufficient documentation is submitted to the Department and is maintained in the facility operating record to support selection of the method.
(13) The groundwater portion of the monitoring program shall include an accurate determination of the groundwater surface elevation and field parameters (temperature, electrical conductivity, turbidity and pH) at each well each time groundwater is sampled.
(14) The owner or operator shall graph all analytical data from each monitoring point and background monitoring point and shall submit these graphs to the Department at least annually. Unless the owner or operator receives written approval from the Department to use an alternate procedure, each graph shall represent data from one monitoring point or background monitoring point for one constituent of concern or monitoring parameter. Graphs shall be at a scale appropriate to show trends or variations in water quality. All graphs for a given constituent shall be plotted at the same scale to facilitate visual comparison of monitoring data.
(15) In addition to the water quality sampling conducted pursuant to the requirements of this article, the owner or operator shall measure the water level in each well and determine groundwater flow rate and direction in the uppermost aquifer and in any zones of perched water and in any additional aquifers monitored pursuant to subsection (b)(1) of this section at least quarterly, including the times of expected highest and lowest elevations of the water levels in the wells. The owner or operator shall use this data to determine, at least annually, whether the requirements of section 66265.97(b)(1) are satisfied. If the evaluation shows that the requirements of section 66265.97(b)(1) are not satisfied the owner or operator shall, as soon as technically feasible, modify the number, location or depth of the groundwater monitoring wells as necessary to bring the groundwater monitoring system into compliance with the requirements of this article.
(16) Except as provided below, for all background monitoring points in groundwater, the owner or operator must, within 12 months of July 1, 1991, establish background concentrations or values for all constituents listed in Table 1 by sampling quarterly for one year. Results of this sampling shall be submitted to the Department within 15 days after completing each quarterly analysis. If an owner or operator has previously established background for these parameters pursuant to 40 C.F.R. Part 265 by quarterly sampling for at least one year, the owner or operator shall maintain a record of that sampling and analysis in the facility operating record and shall not repeat the sampling and analysis.
Table 1 Background Water Quality Parameters
 
Arsenic               Barium
Cadmium               Chloride
Chromium              Coliform Bacteria
Endrin                Fluoride
Gross Alpha           Gross Beta
Iron                  Lead
 Lindane              Manganese
Mercury               Methoxychlor
Nitrate (as N)        pH
Phenols               Radium
Selenium              Silver
Sodium                Specific Conductance
Sulfate               Toxaphene
2,4-D                 2,4,5.TP Silver
Total Organic Carbon  Total Organic Halogen
Turbidity
 
(17) Water quality monitoring data collected in accordance with this article, including actual concentrations or values of all constituents and parameters, all backgroundwater quality data, all statistical evaluations, all water level elevation data and all data used to derive the groundwater flow rate and direction shall be maintained in the facility operating record throughout the active life of the facility and throughout the postclosure care period. The owner or operator shall submit this data to the Department at least annually. This information shall be submitted no later than March 1 following each calendar year. The Department shall require more frequent reporting where necessary to protect human health or the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66265.98. Detection Monitoring Program.
 (a) An owner or operator required, pursuant to section 66265.91 of this article, to establish a detection monitoring program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit.
(b) The owner or operator shall install water quality monitoring systems that are appropriate for detection monitoring and that comply with the provisions of section 66265.97 of this article.
(c) The owner or operator shall establish a background value pursuant to section 66265.97(e)(11) for each monitoring parameter specified under subsection (e) of this section and for each constituent of concern specified under section 66265.97(e)(11) of this article 66265.93.
(d) The owner or operator shall specify the water quality protection standard under section 66265.92 in the water quality sampling and analysis plan.
(e) The owner or operator shall specify in the water quality sampling plan a list of monitoring parameters for each medium (groundwater, surface water and the unsaturated zone) to be monitored pursuant to section 66265.97. The list for each medium shall include those physical parameters, hazardous constituents, waste constituents and reaction products that provide a reliable indication of a release from the regulated unit to that medium. The owner or operator shall specify each list of monitoring parameters in the water quality sampling and analysis plan after considering the following factors:
(1) the types, quantities and concentrations of constituents in wastes managed at the regulated unit;
(2) the expected or demonstrated correlation between the proposed monitoring parameters and the constituents of concern specified for the unit under section 66265.93;
(3) the mobility, stability and persistence of waste constituents or their reaction products;
(4) the detectability of physical parameters, waste constituents and reaction products;
(5) the background values and the coefficients of variation of proposed monitoring parameters in groundwater, surface water and the unsaturated zone; and
(6) the list of suggested detection monitoring analytes presented in Appendix VI of this chapter.
(f) Except as provided below, the owner or operator shall include in the list of monitoring parameters specified for groundwater pursuant to subsection (e) of this section each parameter listed in Table 1. The owner or operator may substitute a more appropriate parameter for a parameter listed in Table 1 if the owner or operator receives written approval for the substitution from the Department and documents in the facility operating record that the parameter is not appropriate for use as a monitoring parameter and that monitoring for the substitute parameter is more likely to provide early detection of a release from the regulated unit.
Table 1 Groundwater Monitoring Parameters
 
Chloride              Iron
Manganese             pH
Phenols               Sodium
Specific conductance  Sulfate
Total organic carbon  Total organic halogen
 
(g) The owner or operator shall conduct sampling and analyses for the monitoring parameters listed in the water quality sampling and analysis plan. The owner or operator shall specify the frequencies for collecting samples and conducting statistical analyses to determine whether there is statistically significant evidence of a release from the regulated unit for any monitoring parameter specified in the water quality sampling and analysis plan pursuant to subsection (e) of this section. For groundwater, samples from each monitoring point and each background monitoring point shall be collected at least quarterly during detection monitoring, including the times of expected highest and lowest annual elevations of the groundwater surface. The owner or operator shall conduct more frequent sampling and statistical analyses where necessary to protect human health or the environment. When specifying the frequencies for collecting samples and conducting statistical analyses for groundwater, the owner or operator shall consider the groundwater flow rate and any variation in groundwater flow rate and direction.
(h) ln addition to monitoring for the monitoring parameters specified under subsection (e) of this section, the owner or operator shall periodically monitor for all constituents of concern specified in the water quality sampling and analysis plan and determine whether the regulated unit is in compliance with the water quality protection standard there is statistically significant evidence of a release for any constituent of concern using the statistical procedure specified pursuant to section 66265.97(e)(7) of this article. Whenever the regulated unit is not in compliance with the water quality protection standard, it shall be considered statistically significant evidence of a release from the regulated unit. The owner or operator shall specify in the water quality sampling and analysis plan the frequencies and locations for monitoring pursuant to this subsection after considering the degree of certainty associated with the expected or demonstrated correlation between values for monitoring parameters and values for the constituents of concern. Monitoring pursuant to this subsection shall be conducted at least every five years.
(i) The owner or operator shall conduct water quality monitoring for each monitoring parameter and each constituent of concern in accordance with section 66265.97(e)(12) of this article. The owner or operator shall maintain a record of water quality analytical data as measured and in a form necessary for the determination of statistical significance under subsections (h) and (j) of this section.
(j) For each monitoring point, the owner or operator shall determine whether there is statistically significant evidence of a release from the regulated unit for any monitoring parameter specified in the water quality sampling and analysis plan pursuant to subsection (e) of this section at a frequency specified pursuant subsection (g) of this section.
(1) In determining whether statistically significant evidence of a release from the regulated unit exists, the owner or operator shall use the method(s) specified in the water quality sampling and analysis plan under section 66265.97(e)(7). This method(s) shall be used to compare data collected at the monitoring point(s) with the background water quality data.
(2) The owner or operator shall determine whether there is statistically significant evidence of a release from the regulated unit at each monitoring point within a reasonable period of time after completion of sampling. The owner or operator shall specify in the water quality sampling and analysis plan what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of samples.
(3) The provisions of this section shall not preclude the Department from making an independent finding that there is statistically significant evidence of a release from the regulated unit. If the Department makes such a finding, the owner or operator shall comply with the provisions of this section that are required in response to statistically significant evidence of a release from the regulated unit.
(k) If the owner or operator determines pursuant to subsection (h) or (j) of this section that there is statistically significant evidence of a release from the regulated unit for any monitoring parameter or constituent of concern at any monitoring point, the owner or operator:
(1) shall notify the Department of the finding by certified mail within seven days of such determination. The notification shall identify for each affected monitoring point the monitoring parameters and constituents of concern that have indicated statistically significant evidence of a release from the regulated unit; and
(2) may immediately initiate a procedure to verify that there is statistically significant evidence of a release from the regulated unit for a parameter or constituent which has indicated a release at a monitoring point if that verification procedure has been specified for that constituent or parameter in the water quality sampling and analysis plan pursuant to section 66265.97(e)(8)(E).
( l) If the resampling pursuant to subsection (k)(2) of this section confirms that there is statistically significant evidence of a release from the regulated unit or if the owner or operator does not resample pursuant to subsection (k)(2) of this section, then the owner or operator shall:
(1) for that regulated unit, immediately sample all monitoring points in the affected medium (groundwater, surface water or the unsaturated zone) and determine the concentration of all constituents of concern;
(2) for that regulated unit, immediately sample all monitoring points in the affected medium (groundwater, surface water or the unsaturated zone) and determine whether constituents in the list of Appendix IX to chapter 14 are present, and if so, in what concentration(s);
(3) for any Appendix IX constituents found in the analysis pursuant to subsection ( l)(2) of this section that are not specified in the list of constituents of concern for that unit, the owner or operator may resample within one month and repeat the analysis for those constituents. Each constituent detected in both analyses shall be added to the list of constituents of concern specified in the water quality protection standard for evaluation monitoring unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit. If the owner or operator does not resample for the constituents found pursuant to subsection ( l)(2) of this section, the constituents found during this initial Appendix IX analysis will be added to the list of constituents of concern specified in the water quality protection standard for evaluation monitoring unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit;
(4) for each Appendix IX constituent added to the list of constituents of concern pursuant to subsection (k)(3) of this section, the owner or operator shall:
(A) collect all data necessary for establishing the background concentration for that constituent and for selecting an appropriatestatistical procedure pursuant to section 66265.97(e)(6);
(B) select an appropriate statistical procedure pursuant to section 66265.97(e)(7);
(C) select a procedure to establish the background concentration for that constituent pursuant to section 66265.97(e)(10); and
(D) establish the background concentration pursuant to section 66265.97(e)(11);
(5) within 90 days of determining statistically significant evidence of a release, submit to the Department an amended water quality sampling and analysis plan to establish an evaluation monitoring program meeting the provisions of section 66265.99. The amended plan shall include the following information:
(A) an identification of the concentration of each constituent of concern at each monitoring point as determined during the most recent sampling events, and an identification of the concentration of each Appendix IX constituent at each monitoring point for the regulated unit in the affected medium (groundwater, surface water or the unsaturated zone);
(B) any proposed changes to the water quality monitoring systems at the facility necessary to meet the requirements of section 66265.99;
(C) any proposed additions or changes to the monitoring frequency, sampling and analytical procedures or methods or statistical methods used at the facility necessary to meet the requirements of section 66265.99.
(D) a detailed description of the measures to be taken by the owner or operator to assess the nature and extent of the release from the regulated unit; and
(E) a schedule of implementation.
(6) within 180 days of determining statistically significant evidence of a release, submit to the Department an engineering feasibility study for a corrective action program necessary to meet the requirements of section 66264.100 of article 6 of chapter 14. At a minimum, the feasibility study shall contain a detailed description of the corrective action measures that could be taken to achieve background concentrations for all constituents of concern; and
(7) if the owner or operator determines, pursuant to subsection (g) or (i) of this section, that there is statistically significant evidence of a release from the regulated unit at any monitoring point, the owner or operator may demonstrate that a source other than the regulated unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis or statistical evaluation, or by natural variation in the groundwater, surface water or the unsaturated zone. The owner or operator may make a demonstration pursuant to this subsection in addition to, or in lieu of, submitting both an amended water quality sampling and analysis plan pursuant to subsection (k)(5) of this section and an engineering feasibility study pursuant to subsection (k)(6) of this section; however, the owner or operator is not relieved of the requirements specified in subsections (k)(5) and (k)(6) of this section unless the demonstration made under this subsection shows to the satisfaction of the Department that a source other than the regulated unit caused the evidence of a release or that the indication evidence resulted from error in sampling, analysis or evaluation or from natural variation in groundwater, surface water or the unsaturated zone. In making a demonstration pursuant to this subsection, the owner or operator shall:
(A) within seven days of determining statistically significant evidence of a release, notify the Department by certified mail thatthe owner or operator intends to make a demonstration under this subsection;
(B) within 90 days of determining statistically significant evidence of a release, submit a report to the Department that demonstrates that a source other than the regulated unit caused the evidence, or that the evidence resulted from error in sampling, analysis or evaluation, or from natural variation in groundwater. surface water, or the unsaturated zone;
(C) within 90 days of determining statistically significant evidence of a release, submit to the Department an amended water quality sampling and analysis plan to make any appropriate changes to the detection monitoring program; and
(D) continue to monitor in accordance with the detection monitoring program established under this section.
(m) If the owner or operator determines that there is significant physical evidence of a release as described in section 66265.91(a)(3) or that the detection monitoring program does not satisfy the requirements of this section, the owner or operator shall:
(1) notify the Department by certified mail within 7 days of such determination; and
(2) within 90 days of such determination, submit an amended water quality sampling and analysis plan to make any appropriate changes to the program.
(n) Any time the Department determines that the detection monitoring program does not satisfy the requirements of this section, the Department shall send written notification of such determination to the owner or operator by certified mail, return receipt requested. The owner or operator shall, within 90 days after receipt of such notification by the Department, submit an amended water quality sampling and analysis plan to make any appropriate changes to the program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66265.99. Evaluation Monitoring Program.
 (a) An owner or operator required pursuant to section 66265.91 to establish an evaluation monitoring program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit. The evaluation monitoring program shall be used to assess the nature and extent of the release from the regulated unit and to design a corrective action program meeting the requirements of section 66264.100 of article 6 of chapter 14.
(b) The owner or operator shall collect and analyze all data necessary to assess the nature and extent of the release from the regulated unit. This assessment shall include a determination of the rate of migration of hazardous constituents and the spatial distribution and concentration of each constituent of concern throughout the zone affected by the release. The owner or operator shall complete this assessment as soon as technically feasible and, with 15 days of completion, shall submit to the Department a written report containing an assessment of environmental quality.
(c) Based on the data collected pursuant to subsections (b) and (e) of this section, the owner or operator shall update the engineering feasibility study required under section 66265.98( l)(6). The owner or operator shall submit this engineering feasibility study to the Department as soon as technically feasible.
(d) The owner or operator of any facility required to obtain a permit shall use the data collected pursuant to subsection (b) of this section and the engineering feasibility study submitted pursuant to subsection (c) of this section, to prepare Part B of the permit application under section 66270.14 of chapter 20 or to update Part B of the permit application if Part B has been previously submitted. At a minimum, the application shall include the following information:
(1) a detailed assessment of the nature and extent of the release from the regulated unit;
(2) a proposed water quality protection standard including any proposed concentration limits greater than background under section 66264.94(c), and all data necessary to justify each such limit;
(3) a detailed description of proposed corrective action measures that will be taken to achieve compliance with the water quality protection standard proposed for a corrective action program; and
(4) a plan for a water quality monitoring program that will demonstrate the effectiveness of the proposed corrective action.
(e) In addition to the requirements set forth in subsections (b), (c), and (d) of this section, the owner or operator shall continue to monitor groundwater, surface water and the unsaturated zone to evaluate changes in water quality resulting from the release from the regulated unit. In conducting this monitoring, the owner or operator shall comply with the following requirements.
(1) The owner or operator shall install water quality monitoring systems that are appropriate for evaluation monitoring and that comply with the provisions of section 66265.97. These water quality monitoring systems may include all or part of existing monitoring systems.
(2) The owner or operator shall select a list of monitoring parameters for each medium (groundwater, surface water, and the unsaturated zone) to be monitored pursuant to section 66265.97. The list for each medium shall include all hazardous constituents that have been detected in that medium and shall include those physical parameters, waste constituents and reaction products that provide a reliable indication of changes in water quality resulting from the release from the regulated unit to that medium. The owner or operator shall specify each list of monitoring parameters in the water quality sampling and analysis plan after considering the following factors:
(A) the types, quantities and concentrations of constituents in wastes managed at the regulated unit;
(B) information that demonstrates a sufficient correlation between the proposed monitoring parameters and the constituents of concern specified for the unit;
(C) the mobility, stability and persistence of waste constituents or their reaction products;
(D) the detectability of physical parameters, waste constituents and reaction products; and
(E) the background values and the coefficients of variation of proposed monitoring parameters in groundwater, surface water and the unsaturated zone.
(3) The owner or operator shall conduct sampling and analyses for the monitoring parameters listed in the water quality sampling and analysis plan. The owner or operator shall specify in the water quality sampling and analysis plan the frequencies for collecting samples and for conducting statistical analyses to evaluate changes in water quality due to the release from the regulated unit. For groundwater, samples from each monitoring point and each background monitoring point shall be collected at least quarterly during the compliance period of the regulated unit, including the times of expected highest and lowest annual elevations of the groundwater surface. The owner or operator shall conduct more frequent sampling where necessary to protect human health or the environment. When specifying the frequencies for collecting samples and conducting statistical analyses for groundwater, the owner or operator shall consider the groundwater flow rate and any variation in ground water flow rate and direction.
(4) In addition to monitoring for the monitoring parameters specified pursuant to subsection (e)(2) of this section, the owner or operator shall periodically monitor for all constituents of concern specified in the water quality sampling and analysis plan and evaluate changes in water quality due to the release from the regulated unit. The owner or operator shall specify the frequencies for monitoring pursuant to this subsection after considering the degree of certainty associated with the demonstrated correlation between values for monitoring parameters and values for the constituents of concern. Monitoring pursuant to this subsection shall be conducted at least every five years;
(5) The owner or operator shall conduct water quality monitoring for each monitoring parameter and each constituent of concern in accordance with section 66265.97(e)(12). The owner or operator shall maintain a record of water quality analytical data as measured and in a form necessary for the evaluation of changes in water quality due to the release from the regulated unit.
(6) The owner or operator shall analyze samples from all monitoring points in the affected medium (groundwater, surface water or the unsaturated zone) for all constituents contained in Appendix IX to chapter 14 at least annually to determine whether additional hazardous constituents are present and, if so, at what concentration(s). If the owner or operator finds Appendix IX constituents in the groundwater, surface water or the unsaturated zone that are not already identified in the water quality sampling and analysis plan as constituents of concern, the owner or operator may resample within one month and repeat the analysis for those constituents. If the second analysis confirms the presence of new constituents, the owner or operator shall report the concentration of these additional constituents to the Department by certified mail within seven days after the completion of the second analysis and the owner or operator shall add them to the list of constituents of concern specified in the water quality sampling and analysis plan unless documentation is maintained in the facility operating record that demonstrates that the constituent is not reasonably expected to be in or derived from waste in the regulated unit. If the owner or operator does not resample, then the owner or operator shall report the concentrations of these additional constituents to the Department by certified mail within seven days after completion of the initial analysis and the owner or operator shall add them to the list of constituents of concern specified in the water quality sampling and analysis plan unless documentation is maintained in the facility operating record that demonstrates that the constituent is not reasonably expected to be in or derived from waste in the regulated unit.
(7) The owner or operator shall evaluate all water quality data obtained pursuant to subsection (e) of this section and all water level data obtained pursuant to section 66264.97(e)(15) on a quarterly basis to determine the rate and extent of migration of hazardous constituents and to describe the nature of changes in the geometry and geochemistry of the volume affected by the release. This information shall be reviewed with respect to the design criteria for the corrective action program. If the evaluation indicates that the plan for corrective action is insufficient, the owner or operator shall:
(A) notify the Department by certified mail within seven days of such determination; and
(B) within 90 days of such determination, submit, for approval by the Department any appropriate changes to the application for a permit; and
(8) the owner or operator shall submit to the Department by March 1, following each calendar year, a report on the results of the evaluation monitoring program including, but not limited to, the calculated rate of migration of hazardous constituents in groundwater.
(f) The owner or operator may demonstrate that a source other than the regulated unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis or statistical evaluation or by natural variation in groundwater, surface water or the unsaturated zone. Upon a successful demonstration, the Department shall specify that the owner or operator shall reinstitute a detection monitoring program meeting the requirements of section 66265.98. In making a demonstration under this subsection, the owner or operator shall:
(1) notify the Department by certified mail in writing that the owner or operator intends to make a demonstration pursuant to this subsection;
(2) submit a report to the Department that demonstrates that a source other than the regulated unit caused the evidence of a release or that the apparent noncompliance with the standard evidence resulted from error in sampling, analysis, or evaluation or from natural variation in groundwater, surface water or the unsaturated zone;
(3) submit to the Department an amended water quality sampling and analysis plan to reinstitute a detection monitoring program for the unit. This amended plan shall include all appropriate changes to the monitoring program; and
(4) continue to monitor in accordance with the evaluation monitoring program established pursuant to this section.
(g) The Department shall require interim corrective action measures where necessary to protect human health or the environment.
(h) If the owner or operator determines that the evaluation monitoring program does not satisfy the requirements of this section, the owner or operator shall, within 90 days, submit an amended water quality sampling and analysis plan to make any appropriate changes to the program.
(i) Any time the Department determines that the evaluation monitoring program does not satisfy the requirements of this section, the Department shall send written notification of such determination to the owner or operator by certified mail, return receipt requested. The owner or operator shall, within 90 days of such notification by the Department, submit an amended water quality sampling and analysis plan to make appropriate changes to the program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66265.101. Corrective Action for Interim Status Waste Management Units.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  

 



s 66265.110. Applicability.
Except as section 66265.1 provides otherwise:
(a) sections 66265.111 through 66265.115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and
(b) sections 66265.116 through 66265.120 (which concern post-closure care) apply to the owners and operators of:
(1) all hazardous waste disposal facilities;
(2) waste piles and surface impoundments for which the owner or operator intends to remove the waste at closure to the extent that these sections are made applicable to such facilities in section 66265.228 or section 66265.258;
(3) tank systems that are required under section 66265.197 to meet requirements for landfills; and
(4) containment buildings that are required under section 66265.1102 to meet the requirement for landfills.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245, 25246 and 58012, Health and Safety Code; 40 CFR Section 265.110. 
  
 



s 66265.111. Closure Performance Standard.
The owner or operator shall close the facility in a manner that:
(a) minimizes the need for further maintenance, and
(b) controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated rainfall or run-off, or waste decomposition products to the ground or surface waters or to the atmosphere, and
(c) complies with the closure requirements of this chapter including, but not limited to, the requirements of sections 66265.197, 66265.228, 66265.258, 66265.280, 66265.310, 66265.351, 66265.381, 66265.404,  and 66265.1102.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 58012, Health and Safety Code; 40 CFR Section 265.111. 
  
 



s 66265.112. Closure Plan; Amendment of Plan.
 (a) Written plan. By six months after the effective date of the rule that first subjects a facility to provisions of this section, the owner or operator of a hazardous waste management facility shall have a written closure plan. Until final closure is completed and certified in accordance with section 66265.115, a copy of the most current plan shall be kept at the facility and furnished to the Department upon request, including request by mail. In addition, for facilities without approved plans, it shall also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the Department who is duly designated by the Director.
(b) Content of plan. The plan shall identify steps necessary to perform partial or final closure of the facility at any point during its active life and to perform final closure of the facility at the end of its active life. The closure plan shall include, at least:
(1) a description of how and when each hazardous waste management unit at the facility will be closed in accordance with section 66265.111; and
(2) a description of how and when final closure of the facility will be conducted in accordance with section 66265.111. The description shall identify the maximum extent of the operation which will be unclosed during the active life of the facility; and
(3) an estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial and final closure, including, but not limited to methods for removing, transporting, treating, storing or disposing of all hazardous waste, identification of and the type(s) of off-site hazardous waste management unit(s) to be used, if applicable; and
(4) a detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination necessary to satisfy the closure performance standard; and
(5) a detailed description of other activities necessary during the partial and final closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited to, groundwater monitoring, leachate collection, and run-on and run-off control; and
(6) a schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover shall be included); and
(7) an estimate of the expected year of final closure.
(8) all information necessary to enable the Department to prepare an Initial Study for the closure plan, which meets the requirements of Title 14, CCR section 15063, unless the Department has determined that the closure plan is exempt from the requirements of the California Environmental Quality Act pursuant to Title 14, CCR section 15061.
(c) Amendment of plan. The owner or operator may amend the closure plan at any time prior to the notification of partial or final closure of the facility. An owner or operator with an approved closure plan shall submit a written request to the Department to authorize a change to the approved closure plan. The written request shall include a copy of the amended closure plan for approval by the Department.
(1) The owner or operator shall amend the closure plan whenever:
(A) changes in operating plans or facility design affect the closure plan, or
(B) there is a change in the expected year of closure, or
(C) in conducting partial or final closure activities, unexpected events require a modification of the closure plan.
(2) The owner or operator shall amend the closure plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall amend the closure plan no later than 30 days after the unexpected event. These provisions also apply to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure, but are required to close as landfills in accordance with section 66265.310.
(3) An owner or operator with an approved closure plan shall submit the modified plan to the Department at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall submit the modified plan no later than 30 days after the unexpected event. These provisions also apply to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure but are required to close as landfills in accordance with section 66265.310. If the amendment to the plan is a Class 2 or 3 modification according to the criteria in section 66270.42, the modification to the plan will be approved according to the procedures in section 66265.112(d)(4).
(4) The Department may request modifications to the plan under the conditions described in subsection (c)(1) of this section. An owner or operator with an approved closure plan shall submit the modified plan within 60 days of the request from the Department, or within 30 days if the unexpected event occurs during partial or final closure. If the amendment is considered a Class 2 or 3 modification according to the criteria in section 66270.42, the modification to the plan will be approved in accordance with the procedures in section 66265.112(d)(4).
(d) Notification of partial closure and final closure.
(1) The owner or operator shall submit the closure plan to the Department at least 180 days prior to the date on which the owner or operator expects to begin closure of the first surface impoundment, waste pile, land treatment, or landfill unit, or final closure if it involves such a unit, whichever is earlier. The owner or operator shall submit the closure plan to the Department at least 180 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace. The owner or operator shall submit the closure plan to the Department at least 180 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks or containers used for transfer, treatment or storage, or incinerator units. An owner or operator with an approved closure plan shall notify the Department in writing at least 60 days prior to the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, landfill, or land treatment unit, or final closure of a facility involving such a unit. Owners or operators with approved closure plans shall notify the Department in writing at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace. An owner or operator with an approved closure plan shall notify the Department in writing at least 45 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks or containers used for transfer, treatment or storage, or incinerator units.
(2) The date when the owner or operator "expects to begin closure" shall be either no later than the date on which any hazardous waste management unit receives the known final volume of hazardous wastes or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous waste. The Department may approve an extension to this one-year limit if the owner or operator of a hazardous waste management unit demonstrates to the satisfaction of the Department that the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, the owner or operator has taken, and will continue to take, all steps necessary to comply with all interim status requirements, and the extension will not pose a threat to human health and the environment.
(3) For units meeting the requirements of section 66265.113(d), the date when the owner or operator "expects to begin closure" shall be no later than the date on which the hazardous waste management unit receives the known final volume of non-hazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional non-hazardous wastes, no later than one year after the date on which the unit received the most recent volume of non-hazardous wastes. If the owner or operator can demonstrate to the Department that the hazardous waste management unit has the capacity to receive additional non-hazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and threats to the environment, including compliance with all applicable interim status requirements, the Department may approve an extension to this one-year limit. A facility operating under the requirements of section 66265.113(d) shall continue to be subject to the facility fee specified in Health and Safety Code, Division 20, section 25205.2(d), until the facility has complied with the requirements of section 66265.113(a). Health and Safety Code, Division 20, section 25205.2(d)(4) shall not apply to a facility operating pursuant to section 66265.113(d).
(4) The owner or operator shall submit the closure plan to the Department no later than 15 days after:
(A) termination of interim status except when a permit is issued simultaneously with termination of interim status; or
(B) issuance of a judicial decree or final order under Health and Safety Code section 25358.3 or article 8 of chapter 6.5 of division 20 of the Health and Safety Code to cease receiving hazardous wastes or close.
(5) The Department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the plan and request modifications to the plan no later than 30 days from the date of the notice. The Department will also, in response to a request or at the Department's own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a closure plan. The Department will give public notice of the hearing at least 30 days before it occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined. The Department will approve, modify, or disapprove the plan within 90 days of its receipt. If the Department does not approve the plan the Department shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator shall modify the plan or submit a new plan for approval within 30 days after receiving such written statement. The Department will approve or modify this plan in writing within 60 days. If the Department modifies the plan, this modified plan becomes the approved closure plan. The Department shall assure that the approved plan is consistent with sections 66265.111 through 66265.115 and the applicable requirements of article 6 of this chapter and sections 66265.197, 66265.228, 66265.258, 66265.280, 66265.310, 66265.351, 66265.381, 66265.404, and 66265.1102. A copy of the modified plan with a detailed statement of reasons for the modifications shall be mailed to the owner or operator.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004  and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.112; Sections 21080(c), 21080.1, 21080.3, 21082.1, 21100 and 21151, Public Resources Code. 
  
 



s 66265.113. Closure; Time Allowed for Closure.
 (a) Within 90 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subsections (d) and (e) of this section, at a hazardous waste management unit or facility, or within 90 days after approval of the closure plan, whichever is later, the owner or operator shall treat, remove from the unit or facility, or dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The Department may approve a longer period if the owner or operator demonstrates to the satisfaction of the Department that:
(1)(A) the activities required to comply with this subsection will, of necessity, take longer than 90 days to complete; or
(B) 1. the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the facility owner or operator complies with subsections (d) and (e) of this section; and
2. there is a reasonable likelihood that a person other than the owner or operator will recommence operation of the hazardous waste management unit or the facility within one year; and
3. closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and
(2) the owner or operator has taken and will continue to take all steps to comply with all applicable interim status requirements and the longer period will not pose a threat to human health and the environment.
(b) The owner or operator shall complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subsections (d) and (e) of this section, at the hazardous waste management unit or facility, or 180 days after approval of the closure plan, if that is later. The Department may approve an extension to the closure period if the owner or operator demonstrates that:
(1)(A) the partial or final closure activities will, of necessity, take longer than 180 days to complete; or
(B) 1. the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the facility owner or operator complies with subsections (d) and (e) of this section; and
2. there is reasonable likelihood that a person other than the owner or operator will recommence operation of the hazardous waste management unit or the facility within one year; and
3. closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and
(2) the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed, but not operating, hazardous waste management unit or facility, including compliance with all applicable interim status requirements.
(c) The demonstrations referred to in subsections (a) and (b) of this section shall be made as follows:
(1) the demonstrations in subsection (a) of this section shall be made at least 30 days prior to the expiration of the 90-day period in subsection (a); and
(2) the demonstrations in subsection (b) shall be made at least 30 days prior to the expiration of the 180-day period in subsection (b), unless the owner or operator is otherwise subject to the deadlines in subsection (d) of this section.
(d) The Department may allow an owner or operator to receive non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous wastes at that unit, if:
(1) The owner or operator submits an amended Part B application, or a Part B application, if not previously required, and demonstrates to the Department that:
(A) the unit has the existing design capacity as indicated on the Part A application to receive non-hazardous wastes; and
(B) there is a reasonable likelihood that either the owner or operator or another person will receive non-hazardous wastes in the unit within one year after the final receipt of hazardous wastes; and
(C) the non-hazardous wastes will not be incompatible with any remaining hazardous wastes in the unit, or with the facility design and operating requirements of the unit or facility under this chapter; and
(D) closure of the hazardous waste management unit would be incompatible with continued operation of the unit or facility; and
(E) the owner or operator is operating and will continue to operate in compliance with all applicable interim status requirements of this chapter and with all applicable regulations promulgated by other state agencies governing discharges of hazardous or non-hazardous wastes to land and water, including, but not limited to, regulations promulgated by the California Integrated Waste Management Board and the State Water Resources Control Board; and
(2) The Part B application includes an amended waste analysis plan, monitoring and response program for groundwater, air and soil-pore gas required under articles 6 and 18 of this chapter, human exposure assessment required under Title 42, U.S.C. section 6939a, and closure and post-closure plans, and updated cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and appropriate, to reflect any changes due to the presence of hazardous constituents in the non-hazardous wastes and changes in closure activities, including the expected year of closure, if applicable under section 66265.112(b)(7), as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes; and
(3) The Part B application is amended, as necessary and appropriate, to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes; and
(4) The Part B application and the demonstrations referred to in subsection  (d)(1) and (d)(2) of this section are submitted to the Department no later than 180 days prior to the date on which the owner or operator receives the known final volume of hazardous wastes, or no later than 90 days after the effective date of this rule, whichever is later.
(e) In addition to the requirements in subsection (d) of this section, an owner or operator of a hazardous waste surface impoundment that is not in compliance with the liner and leachate collection system requirements pursuant to Title 22, CCR, Division 4.5, Chapter 15, Article 11 shall:
(1) Submit with the Part B application:
(A) a contingent corrective measures plan, and
(B) a plan for removing hazardous wastes in compliance with subsection (e)(2) of this section; and
(2) Remove all hazardous wastes from the unit by removing all hazardous liquids and by removing all hazardous sludges to the extent practicable without impairing the integrity of the liner(s), if any.
(3) Removal of hazardous wastes shall be completed no later than 90 days after the final receipt of hazardous wastes. The Department may approve an extension to this deadline if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an extension will not pose a threat to human health or the environment.
(4) If a release of hazardous waste that is a statistically significant increase (or decrease in the case of pH) in hazardous constituents over background levels or that exceeds the facility's protection standards for groundwater, air, or soil-pore gas at the points of compliance, if applicable, is detected in accordance with the requirements in articles 6 or 18 of this chapter, the owner or operator of the unit:
(A) shall implement corrective measures in accordance with the approved contingent corrective measures plan required by subsection (e)(1) of this section no later than one year after detection of the release of hazardous waste, or approval of the contingent corrective measures plan, whichever is later;
(B) may continue to receive wastes at the unit following detection of any release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and
(C) may be required by the Department to implement corrective measures in less than one year, or to cease receipt of wastes until corrective measures have been implemented if necessary to protect human health or the environment.
(5) During the period of corrective action, the owner or operator shall provide semi-annual reports to the Department that describe the progress of the corrective action program, compile all monitoring data for groundwater, air, and soil-pore gas, and evaluate the effect of the continued receipt of non-hazardous wastes on the effectiveness of the corrective action.
(6) The Department may require the owner or operator to commence closure of the unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in subsection (e)(4) of this section, or fails to make substantial progress in implementing corrective action and achieving the facility's protection standards for groundwater, air, or soil-pore gas, or background levels if the facility has not yet established a protection standard for groundwater, air, or soil-pore gas.
(7) If the owner or operator fails to implement corrective measures as required in subsection (e)(4) of this section, or if the Department determines that substantial progress has not been made pursuant to subsection (e)(6) of this section, the Department shall do the following:
(A) notify the owner or operator in writing that the owner or operator shall begin closure in accordance with the deadlines in subsections (a) and (b) of this section and provide a detailed statement of reasons for this determination.
(B) provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision no later than 20 days after the date of the notice.
(C) If the Department receives no written comments, the decision will become final five days after the close of the comment period. The Department shall notify the owner or operator that the decision is final, and that a revised closure plan, if necessary, shall be submitted within 15 days of the final notice and that closure shall begin in accordance with the deadlines in subsections (a) and (b) of this section.
(D) If the Department receives written comments on the decision, the Department shall make a final decision within 30 days after the end of the comment period, and shall provide the owner or operator in writing and the public through a newspaper notice, a detailed statement of reasons for the final decision. If the Department determines that substantial progress has not been made, closure shall be initiated in accordance with the deadlines in subsections (a) and (b) of this section.
(E) The final determinations made by the Department under subsections  (e)(7)(C)-(D) of this section are not subject to administrative appeal.
 
  Note: Authority cited: Sections 25150, 25159, 25245, 58004 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25200.10, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.113. 
  
 



s 66265.114. Disposal or Decontamination of Equipment, Structures and Soils.
During the partial and final closure periods, all contaminated equipment, structures and soil shall be properly disposed of, or decontaminated by removing all hazardous waste and residues, unless specified otherwise in sections 66265.197, 66265.228, 66265.258, 66265.280, or 66265.310. By removing all hazardous wastes and residues or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and shall handle that hazardous waste in accordance with all applicable requirements of chapter 12 of this division.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.114. 
  
 



s 66265.115. Certification of Closure.
Within 60 days of completion of closure of each hazardous waste surface impoundment, waste pile, land treatment, and landfill unit, and within 60 days of completion of final closure, the owner or operator shall submit to the Department, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification shall be signed by the owner or operator and by an independent qualified professional engineer, registered in California. Documentation supporting the independent registered professional engineer's certification shall be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for closure under section 66265.143, subsection (i).
 
  Note: Authority cited: Sections 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.115. 
  
 



s 66265.116. Survey Plat.
No later than the submission of the certification of closure of each hazardous waste disposal unit, an owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Department, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed vertical and horizontal benchmarks. This plat shall be prepared and certified by a professional land surveyor, licensed in California. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use shall contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable regulations of this article.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.116. 
  
 



s 66265.117. Post-Closure Care and Use of Property.
 (a) This section pertains to facilities at which all hazardous wastes, waste residues, contaminated materials and contaminated soils will not be removed during closure. Additional requirements for such facilities are cited in Title 23 of the California Code of Regulations.
(b)(1) Post-closure care for each hazardous waste management unit subject to the requirements of sections 66265.117 through 66265.120 shall begin after completion of closure of the unit and continue for 30 years after that date. It shall consist of at least the following:
(A) monitoring and reporting in accordance with the requirements of articles 6, 11, 12, 13, and 14 of this chapter; and
(B) maintenance and monitoring of waste containment systems in accordance with the requirements of articles 6, 11, 12, 13, and 14 of this chapter.
(2) Any time preceding closure of a hazardous waste management unit subject to post-closure care requirements or final closure, or any time during the post-closure period for a particular hazardous waste disposal unit, the Department shall:
(A) shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if the Department finds that the reduced period is sufficient to protect human health and the environment (e.g., leachate or ground-water monitoring results, characteristics of the hazardous waste, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management unit or facility is secure); or
(B) extend the post-closure care period applicable to the hazardous waste management unit or facility, if the Department finds that the extended period is necessary to protect human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).
(c)(1) The Department shall require, at partial and final closure, continuation of any of the security requirements of section 66265.14 during part or all of the post-closure period when:
(A) hazardous wastes may remain exposed after completion of partial or final closure; or
(B) access by the public or domestic livestock may pose a hazard to human health.
(2) To extend any of these requirements during post closure period, the Department will use the procedures of sections 66265.118(d) and (f).
(d) Post-closure use of property on or in which hazardous wastes remain after partial or final closure shall never be allowed to disturb the integrity of the final cover, liner(s), or any other components of the containment system, or the function of the facility's monitoring systems, unless the Department finds that the disturbance:
(1) is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or
(2) is necessary to reduce a threat to human health or the environment.
(e) All post-closure care activities shall be in accordance with the provisions of the approved post-closure plan as specified in section 66265.118.
(f) Upon closure of a hazardous waste facility wherein hazardous wastes remain on-site no construction, filling, grading, excavating or mining shall occur without the issuance of a variance by the Department. No variance may be granted which is inconsistent with subsection (d) of this section.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.117. 
  
 



s 66265.118. Post-Closure Plan; Amendment of Plan.
 (a) Written plan. The owner or operator of a hazardous waste disposal unit shall have a written post-closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous wastes at closure shall prepare a post-closure plan and submit it to the Department within 90 days of the date that the owner or operator or Department determines that the hazardous waste management unit or facility shall be closed as a landfill, subject to the requirements of sections 66265.117 through 66265.120.
(b) Until final closure of the facility, a copy of the most current post-closure plan shall be kept at the facility and furnished to the Department upon request, including request by mail. In addition, for facilities without approved post-closure plans, it shall also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the Department who is duly designated by the Director. After final closure, the person or office specified in section 66265.118(c)(3) shall keep an updated and approved post-closure plan during the post-closure period,
(c) For each hazardous waste management unit subject to the requirements of this section, the post-closure plan shall identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least:
(1) a description of the planned monitoring activities and frequencies at which they will be performed to comply with articles 6, 11, 12, 13, and 14 of this chapter during the post-closure care period; and
(2) a description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:
(A) the integrity of the cap and final cover and other containment systems in accordance with the requirements of articles 11, 12, 13, and 14 of this chapter; and
(B) the function of the monitoring equipment in accordance with the requirements of articles 6, 11, 12, 13, and 14 of this chapter; and
(3) the name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period.
(4) all information necessary to enable the Department to prepare an Initial Study for the post-closure plan, which meets the requirements of Title 14, California Code of Regulations section 15063, unless the Department has determined that the post-closure plan is exempt from the requirements of the California Environmental Quality Act pursuant to Title 14, CCR section 15061.
(d) Amendment of plan. The owner or operator may amend the post-closure plan any time during the active life of the facility or during the post-closure care period. An owner or operator with an approved post-closure plan shall submit a written request to the Department to authorize a change to the approved plan. The written request shall include a copy of the amended post-closure plan for approval by the Department.
(1) The owner or operator shall amend the post-closure plan whenever:
(A) changes in operating plans or facility design affect the post-closure plan, or
(B) events which occur during the active life of the facility or the post-closure care period, including partial and final closures, affect the post-closure plan.
(2) The owner or operator shall amend the post-closure plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-closure plan.
(3) An owner or operator with an approved post-closure plan shall submit the modified plan to the Department at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the post-closure plan. If an owner or operator of a surface impoundment or a waste pile, who intended to remove all hazardous wastes at closure in accordance with section 66265.228(a) or 66265.258(a) is required to close as a landfill in accordance with section 66265.310, the owner or operator shall submit a post-closure plan within 90 days of the determination by the owner or operator or the Department that the unit shall be closed as a landfill. If the amendment to the post-closure plan is a Class 2 or 3 modification according to the criteria in section 66270.42, the modification to the plan will be approved according to the procedures in section 66265.118(f).
(4) The Department shall request modifications to the plan under the conditions described in subsection (d)(1) of this section. An owner or operator with an approved post-closure plan shall submit the modified plan no later than 60 days after the request from the Department. If the amendment to the plan is considered a Class 2 or 3 modification according to the criteria in section 66270.42, the modifications to the post-closure plan will be approved in accordance with the procedures in section 66265.118(f). If the Department determines that an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous wastes at closure shall close the facility as a landfill, the owner or operator shall submit a post-closure plan for approval to the Department within 90 days of the determination.
(e) The owner or operator of a facility with hazardous waste management units subject to these requirements shall submit the post-closure plan to the Department at least 180 days before the date the owner or operator expects to begin partial or final closure of the first hazardous waste disposal unit. The date the owner or operator "expects to begin closure" of the first hazardous waste disposal unit shall be either no later than the date on which the hazardous waste management unit receives the known final volume of hazardous waste or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous wastes. The owner or operator shall submit the post-closure plan to the Department no later than 15 days after:
(1) termination of interim status (except when a permit is issued to the facility simultaneously with termination of interim status); or
(2) issuance of a judicial decree or final order under Health and Safety Code section 25358.3 or article 8 of chapter 6.5 of division 20 of the Health and Safety Code to cease receiving wastes or close.
(f) The Department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the post-closure plan and request modifications to the plan no later than 30 days from the date of the notice. The Department will also, in response to a request or at the Department's own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a post-closure plan. The Department will give public notice of the hearing at least 30 days before it occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined. The Department will approve, modify, or disapprove the plan within 90 days of its receipt. If the Department disapproves the plan, the Department shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator shall modify the plan or submit a new plan for approval within 30 days after receiving such written statement. The Department will approve or modify this plan in writing within 60 days. If the Department modifies the plan, this modified plan becomes the approved post-closure plan. The Department shall ensure that the approved post-closure plan is consistent with sections 66265.117 through 66265.120. A copy of the modified plan with a detailed statement of reasons for the modifications shall be mailed to the owner or operator.
(g) The post-closure plan and length of the post-closure care period may be modified any time prior to the end or at the end of the post-closure care period in either of the following two ways.
(1) The owner or operator or any member of the public may petition the Department to extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause, or alter the requirements of the post-closure care period based on cause.
(A) The petition shall include evidence demonstrating that:
1. the secure nature of the hazardous waste management unit or facility makes the post-closure care requirement(s) unnecessary or supports reduction of the post-closure care period specified in the current post-closure plan (e.g., leachate or groundwater monitoring results, characteristics of the wastes, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the facility is secure), or
2. the requested extension in the post-closure care period or alteration of post-closure care requirements is necessary to prevent threats to human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).
(B) These petitions will be considered by the Department only when they present new and relevant information not previously considered by the Department. Whenever the Department is considering a petition, the Department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice. The Department will also, in response to a request or at the Department's own discretion, hold a public hearing whenever a hearing might clarify one or more issues concerning the post-closure plan. The Department will give the public notice of the hearing at least 30 days before it occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for written public comments, and the two notices may be combined). After considering the comments, the Department will issue a final determination, based upon the criteria set forth in subsection (9)(1)(A) of this section.
(C) If the Department denies the petition, the Department will send the petitioner a brief written response giving a reason for the denial.
(2) The Department may tentatively decide to modify the post-closure plan if the Department deems it necessary to prevent threats to human health and the environment. The Department may propose to extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause, or alter the requirements of the post-closure care period based on cause.
(A) The Department will provide the owner or operator and the affected public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice and the opportunity for a public hearing as in subsection (g)(1)(B) of this section. After considering the comments, the Department will issue a final determination.
(B) The Department will base the final determination upon the same criteria as required for petitions under subsection (g)(1)(A) of this section. A modification of the post-closure plan may include, where appropriate, the temporary suspension rather than permanent deletion of one or more post-closure care requirements. At the end of the specified period of suspension, the Department would then determine whether the requirement(s) should be permanently discontinued or reinstated to prevent threats to human health and the environment.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25246, Health and Safety Code; 40 CFR Section 265.118; Sections 21080(c), 21080.1, 21080.3, 21082.1, 21100 and 21151, Public Resources Code. 
  
 



s 66265.119. Post-Closure Notices.
 (a) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Department, a record of the type, location, and quantity of hazardous wastes disposed of within each cell or area (not limited to only hazardous waste disposal unit) of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator shall identify the type, location and quantity of the hazardous wastes to the best of the owner's or operator's knowledge and in accordance with any records the owner or operator has kept. Any changes in the type, location or quantity of hazardous wastes disposed of within each cell or area of the facility that occur after the survey plat and record of wastes have been filed pursuant to section 66265.116 shall be reported to the local zoning authority or the authority with jurisdiction over local land use and to the Department.
(b) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall:
(1) record, in accordance with State law, a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:
(A) the land has been used to manage hazardous wastes; and
(B) its use is restricted under article 7 of this chapter; and
(C) the survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or area (not limited to only hazardous waste disposal unit) of the facility required by sections 66265.116 and 66265.119(a) have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the Department; and
(2) submit, to the Department, a certification signed by the owner or operator that the notation specified in subsection (b)(1) of this section has been recorded and a copy of the document in which the notation has been placed.
(c) If at any time the owner or operator or any subsequent owner of the land upon which a hazardous waste disposal unit was located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, and all contaminated structures, equipment, and underlying and surrounding soils, the owner or operator shall request a modification to the approved post-closure plan in accordance with the requirements of section 66265.118(g). The owner or operator shall demonstrate that the removal of hazardous wastes will satisfy the criteria of section 66265.117(d). By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of this division. If the owner or operator is granted approval to conduct the removal activities, and the removal activities are completed to the satisfaction of the Department, the owner or operator may request that the Department approve either:
(1) the removal of the notation on the deed to the facility property or other instrument normally examined during title search, or
(2) the addition of a notation to the deed or instrument indicating the removal of the hazardous waste.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.119. 
  
 



s 66265.120. Certification of Completion of Post-Closure Care.
No later than 60 days after the completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator shall submit to the Department, by registered mail, a certification that the post-closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post-closure plan. The certification shall be signed by the owner or operator and an independent qualified professional engineer, registered in California. Documentation supporting the independent registered, qualified professional engineer's certification shall be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for post-closure care under section 66265.145, subsection (i).
 
  Note: Authority cited: Sections 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.120. 
  
 



s 66265.140. Applicability.
 (a) The requirements of sections 66265.142, 66265.143, and 66265.147 through 66265.148 apply to owners or operators of all hazardous waste facilities, as defined in section 66260.10, except as provided otherwise in this article.
(b) The requirements of sections 66265.144 and 66265.146 apply only to owners and operators of hazardous waste facilities which are:
(1) disposal facilities;
(2) tank systems that are required under section 66265.197 to meet the requirements for landfills; and
(3) containment buildings that are required under section 66265.1102 to meet the requirements for landfills.
(c) States and the Federal government are exempt from the requirements of this article.
(d) For purposes of this article, state government shall not include municipal, local, city, county, city-county special district government or any subdivisions thereof.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 58012, Health and Safety Code; 40 CFR Section 265.140. 
  

 



s 66265.141. Definitions As Used in This Article.
 (a) The following terms, as defined in section 66260.10, are used in the specifications for the financial tests for closure, post-closure care, and liability coverage. The definitions are intended to assist in the understanding of these regulations and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices.
"Assets"
"Current assets"
"Current liabilities"
"Current plugging and abandonment cost estimate"
"Independently audited"
"Liabilities"
"Net working capital"
"Net worth"
"Substantial business relationship"
"Tangible net worth"
(b) In the liability coverage requirements the terms "bodily injury" and  "property damage" as defined in section 66260.10 shall have the meanings given these terms by applicable State law. However, these terms do not include those liabilities which, consistent with standard industry practice, are excluded from coverage in liability policies for bodily injury and property damage. The Department intends the meanings of other terms used in the liability insurance requirements to be consistent with their commonmeanings within the insurance industry. The definitions given below and defined in section 66260.10 are intended to assist in the understanding of these regulations and are not intended to limit their meanings in a way that conflicts with general insurance industry usage.
"Accidental occurrence"
"Legal defense costs"
"Nonsudden accidental occurrence"
"Sudden accidental occurrence"
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 265.141. 
  
 



s 66265.142. Cost Estimate for Closure.
 (a) The owner or operator shall prepare and submit to the Department a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the requirements in sections 66265.111 through 66265.115 and applicable closure requirements in sections 66265.178, 66265.197, 66265.228, 66265.258, 66265.280, 66265.310, 66265.351, 66265.381, 66265.404, and 66265.1102.
(1) The estimate shall be submitted in accordance with sections 66270.10 and 66270.14. The estimate shall equal the cost of final closure at the point in the facility's active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan (see section 66265.112(b)).
(2) The closure cost estimate shall be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in section 66260.10.) The owner or operator may use costs for on-site disposal if it can be demonstrated that on-site disposal capacity will exist at all times over the life of the facility.
(3) The closure cost estimate shall not incorporate any salvage value that may be realized by the sale of hazardous wastes, or non-hazardous wastes if applicable under section 66265.113(d), facility structures or equipment, land or other facility assets associated with the facility at the time of the partial or final closure.
(4) The owner or operator shall not incorporate a zero cost for hazardous wastes, or non-hazardous wastes if applicable under section 66265.113(d), that might have economic value.
(b) During the active life of the facility, the owner or operator shall adjust the closure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with section 66265.143. For owners and operators using the financial test or corporate guarantee, the closure cost estimate shall be updated for inflation within 30 days after the close of the firm's fiscal year and before submission of updated information to the Department as specified in section 66265.143(e)(3). The adjustment shall be made by recalculating the closure cost estimate in current dollars, or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business, as specified in subsections (b)(1) and (2) of this section. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.
(c) During the active life of the facility, the owner or operator shall revise the closure cost estimate no later than 30 days after a revision has been made to the closure plan which increases the cost of closure. If the owner or operator has an approved closure plan, the closure cost estimate shall be revised no later than 30 days after the Department has approved the request to modify the closure plan, if the change in the closure plan increases the cost of closure. The revised closure cost estimate shall be adjusted for inflation as specified in subsection (b) of this section.
(d) The owner or operator shall keep the following at the facility during the operating life of the facility: The latest closure cost estimate prepared in accordance with subsections (a) and (c) of this section and, when this estimate has been adjusted in accordance with subsection (b) of this section, the latest adjusted closure cost estimate.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245, 58004  and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and  25245, Health and Safety Code; 40 CFR Section 265.142. 
  
 



s 66265.143. Financial Assurance for Closure.
An owner or operator of each facility shall establish and demonstrate to the Department financial assurance for closure of the facility. The owner or operator shall choose from the options as specified in subsections (a) through (e) and (h) of this section.
(a) Closure trust fund.
(1) An owner or operator may satisfy the requirements of this section by establishing a closure trust fund which conforms to the requirements of this subsection and submitting an originally signed duplicate of the trust agreement to the Department. The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement shall be identical to the wording specified in section 66264.151, subsection (a)(1), shall contain original signatures and shall be accompanied by a formal certification of acknowledgement (for example, see section 66264.151, subsection (a)(2)). Schedule A of the trust agreement shall be updated within 60 days after a change in the amount of the current closure cost estimate covered by the trust agreement.
(3) Payments into the trust fund shall be made annually by the owner or operator over the ten (10) years beginning with the establishment of the trust fund or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the closure trust fund shall be made as follows.
(A) The first payment shall be at least equal to the current closure cost estimate, except as provided in subsection (f), of this section divided by the number of years in the pay-in period.
(B) Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment must be determined by this formula:
 CE-CV
Y
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(4) The owner or operator may accelerate payments into the trust fund or deposit the full amount of the current closure cost estimate at the time the fund is established. However, the value of the fund shall be maintained at no less than the value that the fund would have if annual payments were made as specified in subsection (a)(3) of this section.
(5) If the owner or operator establishes a closure trust fund after having used one or more alternate mechanisms specified in this section, the first payment shall be in at least the amount that the fund would contain if the  trust fund were established initially and annual payments made as specified in subsection (a)(3) of this section.
(6) After the pay-in period is completed, whenever the current closure cost estimate changes, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current closure cost estimate, or obtain other financial assurance as specified in this article to cover the difference.
(7) If the value of the trust fund is greater than the total amount of the current closure cost estimate, the owner or operator may submit a written request to the Department for release of the amount in excess of the current closure cost estimate.
(8) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust fund, a written request may be submitted to the Department for release of the amount in excess of the current closure cost estimate covered by the trust fund.
(9) Within 60 days after receiving a request from the owner or operator for release of funds as specified in subsections (a)(7) or (8) of this section, the Department will instruct the trustee to release to the owner or operator such funds as the Department specifies in writing.
(10) Before final closure occurs, the value of the trust fund shall equal the amount of the current closure cost estimate. If the value of the fund is less than the amount of the current estimate, the owner or operator shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current closure cost estimate, or obtain other financial assurance, as specified in this section, to cover the difference.
(11) After beginning partial or final closure, an owner or operator or another person authorized to conduct partial or final closure may request reimbursements for partial or final closure expenditures by submitting itemized bills to the Department. The owner or operator may request reimbursements for partial closure only if sufficient funds are remaining in the trust fund to cover the maximum costs of closing the facility over its remaining operating life. No later than 60 days after receiving bills for partial or final closure activities, the Department shall instruct the trustee to make reimbursements in those amounts as the Department specifies in writing, if the Department determines that the partial or final closure expenditures are in accordance with the approved closure plan, or otherwise justified. If the Department has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the value of the trust fund, the Department may withhold reimbursements of such amounts as deemed prudent until a determination is made, in accordance with subsection (i) of this section, that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the Department does not instruct the trustee to make such reimbursements, a detailed written statement of reasons will be provided to the owner or operator.
(12) The Department will agree to termination of the trust when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (i) of this section.
(b) Surety bond guaranteeing payment into a closure trust fund.
(1) An owner or operator may satisfy the requirements of this section by obtaining a surety bond which conforms to the requirements of this subsection and submitting the bond to the Department. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond shall be identical to the wording specified in section 66264.151, subsection (b). The surety bond shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the surety bond; and
(B) until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current closure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner or operator shall:
(A) fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure of the facility; or
(B) fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to begin final closure issued by the Department becomes final, or within 15 days after an order to begin final closure is issued by a U.S. district court or other court of competent jurisdiction; or
(C) provide alternate financial assurance as specified in this section, and obtain the Department's written approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. For facilities that require a RCRA permit, the determination will be made pursuant to Health and Safety Code Section 25187.
(6) The penal sum of the bond shall be in an amount at least equal to the current closure cost estimate, except as provided in subsection (f) of this section.
(7) Whenever the current closure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval by the Department.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipt.
(9) The owner or operator may cancel the bond if the Department has given prior written consent based on receipt of evidence of alternate financial assurance as specified in this section.
(c) Closure letter of credit.
(1) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit which conforms to the requirements of this subsection and submitting the letter to the Department. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit shall be identical to the wording specified in section 66264.151, subsection (d). The letter of credit shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Department shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements of the trust fund specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the letter of credit; and
(B) unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current closure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The letter of credit shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: the Hazardous Waste Facility Identification Number, name and address of the facility, and the amount of funds assured for closure of the facility by the letter of credit.
(5) The letter of credit shall be irrevocable and issued for a period of at least one (1) year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least 1 year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Department by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the owner or operator and the Department have received the notice, as evidenced by the return receipts.
(6) The letter of credit shall be issued in an amount at least equal to the current closure cost estimate, except as provided in subsection (f) of this section.
(7) Whenever the current closure cost estimate increases to an amount greater than the amount of the letter of credit, the owner or operator, within 60 days after the increase, shall either cause the amount of the letter of credit to be increased so that it at least equals the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the amount of the letter of credit may be reduced to the amount of the current closure cost estimate following written approval by the Department.
(8) Following a determination by the Department that the owner or operator has failed to perform final closure in accordance with the approved closure plan when required to do so, the Department may draw on the letter of credit. For facilities that require a RCRA permit, that determination shall be made pursuant to Section 25187 of the Health and Safety Code.
(9) If the owner or operator does not establish alternate financial assurance as specified in this section and obtain written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the Department shall draw on the letter of credit. The Department shall delay drawing on the letter of credit in accordance with the provisions of this paragraph if the issuing institution grants an extension of the term of the credit. During the last 30 days of any such extension the Department shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this section and obtain written approval of such assurance from the Department.
(10) The Department shall return the letter of credit to the issuing institution for termination when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (i) of this section.
(d) Closure insurance.
(1) An owner or operator may satisfy the requirements of this section by obtaining closure insurance which conforms to the requirements of this section and submitting a certificate of such insurance to the Department. The owner or operator shall submit to the Department a letter from an insurer stating that the insurer is considering issuance of closure insurance conforming to the requirements of this subsection to the owner or operator. The owner or operator shall submit the certificate of insurance to the Department or establish other financial assurance as specified in this section. At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
(2) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (e). The certificate of insurance shall contain original signatures.
(3) The closure insurance policy shall be issued for a face amount at least equal to the current closure cost estimate, except as provided in subsection (f) of this section. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer shall not change the face amount, although the insurer's future liability shall be lowered by the amount of the payments.
(4) The closure insurance policy shall guarantee that funds shall be available to close the facility whenever final closure occurs. The policy shall also guarantee that once final closure begins, the insurer shall be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon direction from the Department, to such party or parties as the Department specifies.
(5) After beginning partial or final closure, an owner or operator or any other person authorized to conduct closure may request reimbursements for closure expenditures by submitting itemized bills to the Department. The owner or operator may request reimbursements for partial closure only if the remaining value of the policy is sufficient to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills for closure activities, the Department shall instruct the insurer to make reimbursements in such amounts as the Department specifies in writing if the Department determines that the partial or final closure expenditures are in accordance with the approved closure plan or otherwise justified. If the Department has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the face amount of the policy, a reimbursement of such amounts may be withheld as deemed prudent until a determination, in accordance with subsection (i) of this section, that the owner or operator is no longer required to maintain financial assurance for final closure of the particular facility is made. If the Department does not instruct the insurer to make such reimbursements, the owner or operator shall be provided a detailed written statement of reasons.
(6) The owner or operator shall maintain the policy in full force and effect until the Department consents to termination of the policy by the owner or operator as specified in subsection (d)(10) of this section. Failure to pay the premium, without substitution of alternate financial assurance as specified in this section, shall constitute a significant violation of these regulations, warranting such remedy as the Department deems necessary. Such violation will be deemed to begin upon receipt by the Department of a notice of future cancellation, termination or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy shall contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(8) The policy shall provide that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy shall, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate or fail to renew the policy by sending notice by certified mail to the owner or operator and the Department. Cancellation, termination or failure to renew shall not occur, however, during the 120 days beginning with the date of receipt of the notice by both the Department and the owner or operator, as evidenced by the return receipts. Cancellation, termination or failure to renew shall not occur and the policy shall remain in full force and effect in the event that on or before the date of expiration:
(A) the Department deems the facility abandoned; or
(B) interim status is terminated or revoked; or
(C) closure is ordered by the Department or any other State or Federal agency or a U.S. district court or other court of competent jurisdiction; or
(D) the owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
(E) the premium due is paid.
(9) Whenever the current closure cost estimate increases to an amount greater than the face amount of the policy, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the face amount may be reduced to the amount of the current closure cost estimate following written approval by the Department.
(10) The Department shall give written consent to the owner or operator that the insurance policy may be terminated when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (i) of this section.
(e) Financial test and guarantee for closure.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he or she passes a financial test as specified in this subsection. To pass this test the owner or operator shall meet the criteria of either subsection (e)(1)(A) or (B) of this section:
(A) the owner or operator shall have:
1. two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion and amortization to total liabilities greater than 0.1; and a ratio of current assets to current liabilities greater than 1.5; and
2. net working capital and tangible net worth each at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(B) The owner or operator shall have:
1. a current rating for his or her most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; and
2. tangible net worth at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(2) The phrase "current closure and postclosure cost estimates" as used in subsection (e)(1) of this section refers to the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner's or operator's chief financial officer. The phrase "current plugging and abandonment cost estimates" as used in subsection (e)(1) of this section refers to the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner's or operator's chief financial officer.
(3) To demonstrate that this test has been met, the owner or operator shall submit the following items to the Department:
(A) a letter signed by the owner's or operator's chief financial officer. The letter shall be on the owner's or operator's official letterhead stationery, shall contain an original signature and shall be worded as specified in section 66264.151, subsection (f); and
(B) a copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and
(C) A special report from the owner's or operator's independent certified public accountant to the owner or operator stating that:
1. the independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and
2. in connection with that procedure, no matters came to the independent certified public accountant's attention which caused the accountant to believe that the specified data should be adjusted.
(4) After the initial submission of items specified in subsection (e)(3) of this section, the owner or operator shall send updated information to the Department within 90 days after the close of each succeeding fiscal year. This information shall consist of all items specified in subsection (e)(3) of this section.
(5) If the owner or operator no longer meets the requirements of subsection  (e)(1) of this section, the owner or operator shall send notice to the Department of intent to establish alternate financial assurance as specified in this section. The notice shall be sent by certified mail within 90 days after any occurrence that prevents the owner or operator from meeting the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after such occurrence.
(6) The Department may, based on a reasonable belief that the owner or operator may no longer meet the requirements of subsection (e)(1) of this section, require reports of financial condition at any time from the owner or operator in addition to those specified in subsection (e)(3) of this section. If the Department finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subsection (e)(1) of this section, the owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of such a finding.
(7) The Department may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see subsection (e)(3)(B) of this section). An adverse opinion or a disclaimer of opinion shall be cause for disallowance. The Department shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of the disallowance.
(8) The owner or operator is no longer required to submit the items specified in subsection (e)(3) of this section when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (i) of this section.
(9) An owner or operator may meet the requirements of this section by obtaining a written guarantee. The guarantor shall be the direct or higher-tier parent corporation of the owner or operator as defined in section 66260.10, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor shall meet and comply with the requirements for owners or operators in subsections (e)(1) through (e)(8) of this section and shall comply with the terms of the guarantee. The wording of the guarantee shall be identical to the wording specified in section 66264.151, subsection (h). The guarantee shall be on the official letterhead stationery of the parent corporation, shall contain an original signature and the signature shall be formally witnessed or notarized. A certified copy of the guarantee shall accompany the items sent to the Department as specified in subsection (e)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter must describe this "substantial business relationship" and the value received in consideration of the guarantee. The terms of the guarantee shall provide that:
(A) if the owner or operator fails to perform final closure of a facility covered by the guarantee in accordance with the closure plan and other interim status requirements whenever required to do so, the guarantor shall do so or shall establish a trust fund as specified in subsection (a) of this section in the name of the owner or operator;
(B) the guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts;
(C) if the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the guarantee from the guarantor, the guarantor shall provide such alternate financial assurance in the name of the owner or operator.
(f) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by establishing more than one financial mechanism per facility. The mechanisms shall be as specified in subsections (a) through (d) and (h) of this section, except that it is the combination of mechanisms, rather than the single mechanism, which shall provide financial assurance for an amount at least equal to the current closure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, the trust fund may be used as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other as "excess" coverage. The Department may use any or all of the mechanisms to provide for closure of the facility.
(g) Use of a financial mechanism for multiple facilities. An owner or operator may use one or more of the financial assurance mechanisms specified in section 66265.143, subsections (a) through (e) and (h) to meet the requirements of section 66265.143 for more than one facility. Evidence of financial assurance submitted to the Department shall include a list showing, for each facility, the Hazardous Waste Facility Identification Number, name, address and the amount of funds for closure assured by the mechanism. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for closure of any of the facilities covered by the mechanism, the Department may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
(h) Alternative Financial Mechanism for Closure Costs.
(1) An owner or operator of a facility or facilities where solely non-RCRA hazardous waste is managed may establish financial assurance for closure by means of a financial mechanism other than those specified in subsections (a) through (e) of this section, provided that, prior to its use, the mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the financial mechanisms specified in subsections (a) through (e) of this section. The Department shall evaluate the equivalency of a mechanism principally in terms of:
(A) Certainty of the availability of funds for the required closure activities; and
(B) The amount of funds that will be made available.
The Department shall also consider other factors deemed to be appropriate, and shall require the owner or operator to submit additional information as is deemed necessary to make the determination.
(2) The owner or operator shall submit to the Department the proposed mechanism together with a letter requesting that the proposed mechanism be considered acceptable for meeting the requirements of section 66265.143. The submission shall include the following information:
(A) Name, address and telephone number of issuing institution; and
(B) Hazardous waste facility identification number, name, address and closure cost estimate for each facility intended to be covered by the proposed mechanism; and
(C) The amount of funds for closure to be assured for each facility by the proposed mechanism; and
(D) The terms of the proposed mechanism (period covered, renewal/extension, cancellation).
(3) The Department shall notify the owner or operator in writing of the determination made regarding the proposed mechanism's acceptability in lieu of the financial mechanisms specified in subsections (a) through (e) of this section.
(4) If a proposed mechanism is found acceptable, the owner or operator shall submit a fully executed document to the Department. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment.
(5) If a proposed mechanism is found acceptable except for the amount of funds, the owner or operator shall either increase the amount of the mechanism or obtain other financial assurance as specified in subsections (a) through (e) of this section. The amount of funds available through the combination of mechanisms shall at least equal the current closure cost estimate.
(i) Release of the owner or operator from the requirements of this section.
(1) Within 60 days after receiving certifications from the owner or operator and an independent professional engineer, registered in California that final closure has been completed in accordance with the approved closure plan, the Department shall notify the owner or operator in writing that he or she is no longer required by this section to maintain financial assurance for final closure of the facility, unless the Department has reason to believe that final closure has not been in accordance with the approved closure plan. The Department shall provide the owner or operator a detailed written statement of any such reason to believe that closure has not been in accordance with the approved closure plan.
(2) When transfer of ownership or operational control of a facility occurs, and the new owner or operator has demonstrated to the satisfaction of the Department that he or she is complying with the financial requirements of this section, the Department shall notify the previous owner or operator in writing that they are no longer required to maintain financial assurance for closure of that particular facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code. Reference: Sections 25245 and 25245.4, Health and Safety Code; 40 CFR Section 264.143. 
  
 



s 66265.144. Cost Estimate for Post-Closure Care.
 (a) The owner or operator of a hazardous waste disposal unit shall prepare and submit to the Department a detailed written estimate, in current dollars, of the annual cost of postclosure monitoring and maintenance of the facility in accordance with the applicable postclosure regulations in sections 66265.117 through 66265.120, 66265.228, 66265.258, 66265.280 and 66265.310.
(1) The postclosure cost estimate must be based on the costs to the owner or operator of hiring a third party to conduct postclosure care activities. A third party is a party who is neither a parent nor subsidiary of the owner or operator. (See definition of parent corporation in section 66260.10).
(2) The postclosure cost estimate is calculated by multiplying the annual postclosure cost estimate by the number of years of postclosure care required under section 66265.117.
(b) During the active life of the facility, the owner or operator shall adjust the postclosure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with section 66265.145. For owners or operators using the financial test or corporate guarantee, the postclosure care cost estimate shall be updated for inflation no later than 30 days after the close of the firm's fiscal year and before submission of updated information to the Department as specified in section 66265.145(d)(5). The adjustment shall be made by recalculating the postclosure cost estimate in current dollars or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business as specified in subsections (b)(1) and (b)(2) of this section. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the postclosure cost estimate by the inflation factor. The result is the adjusted postclosure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted postclosure cost estimate by the latest inflation factor.
(c) During the active life of the facility, the owner or operator shall revise the postclosure cost estimate no later than 30 days after a revision to the postclosure plan which increases the cost of postclosure care. If the owner or operator has an approved postclosure plan, the postclosure cost estimate shall be revised no later than 30 days after the Department has approved the request to modify the plan, if the change in the postclosure plan increases the cost of postclosure care. The revised postclosure cost estimate shall be adjusted for inflation as specified in subsection (b) of this section.
(d) The owner or operator shall keep the following at the facility during the operating life of the facility: the latest postclosure cost estimate prepared in accordance with subsections (a) and (c) of this section and, when this estimate has been adjusted in accordance with subsection (b) of this section, the latest adjusted postclosure cost estimate.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 265.144. 
  
 



s 66265.145. Financial Assurance for Postclosure Care.
An owner or operator of a facility with a hazardous waste disposal unit shall establish and demonstrate to the Department financial assurance for postclosure care of the disposal unit(s). The owner or operator shall choose from the options as specified in subsections (a) through (e) and (h) of this section.
(a) Postclosure trust fund.
(1) An owner or operator may satisfy the requirements of this section by establishing a postclosure trust fund which conforms to the requirements of this subsection and submitting an originally signed duplicate of the trust agreement to the Department. The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement shall be identical to the wording specified in section 66264.151, subsection (a)(1). The trust agreement shall contain original signatures and shall be accompanied by a formal certification of acknowledgment (for example, see section 66264.151, subsection (a)(2)). Schedule A of the trust agreement shall be updated within 60 days after a change in the amount of the current postclosure cost estimate covered by the agreement.
(3) Payments into the trust fund shall be made annually by the owner or operator over the ten (10) years beginning with the establishment of the trust fund or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the postclosure trust fund shall be made as follows:
(A) The first payment shall be at least equal to the current postclosure cost estimate, except as provided in subsection (f) of this section, divided by the number of years in the pay-in period.
(B) Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by this formula:
 CE-CV
Y
where CE is the current postclosure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(4) The owner or operator may accelerate payments into the trust fund or deposit the full amount of the current postclosure cost estimate at the time the fund is established. However, the value of the fund shall be maintained at no less than the value that the fund would have if annual payments were made as specified in subsection (a)(3) of this section.
(5) If the owner or operator establishes a postclosure trust fund after having used one or more alternate mechanisms specified in this section, the first payment shall be in at least the amount that the fund would contain if the trust fund were established initially and annual payments made as specified in subsection (a)(3) of this section.
(6) After the pay-in period is completed, whenever the current postclosure cost estimate changes during the operating life of the facility, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current postclosure cost estimate, or obtain other financial assurance as specified in this section to cover the difference.
(7) During the operating life of the facility, if the value of the trust fund is greater than the total amount of the current postclosure cost estimate, the owner or operator may submit a written request to the Department for release of the amount in excess of the current postclosure cost estimate.
(8) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust fund, the owner or operator may submit a written request to the Department for release of the amount in excess of the current postclosure cost estimate covered by the trust fund.
(9) Within 60 days after receiving a request from the owner or operator for release of funds as specified in subsection (a)(7) or (8) of this section, the Department will instruct the trustee to release to the owner or operator such funds as the Department specifies in writing.
(10) Before final postclosure occurs, the value of the trust fund shall equal the amount of the current postclosure cost estimate. If the value of the fund is less than the amount of the current estimate, the owner or operator shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current postclosure cost estimate, or obtain other financial assurance, as specified in this section, to cover the difference.
(11) During the period of postclosure care, the Department shall approve a release of funds if the owner or operator demonstrates to the satisfaction of the Department that the value of the trust fund exceeds the remaining cost of postclosure care.
(12) An owner or operator or any other person authorized to conduct postclosure care may request reimbursements for postclosure expenditures by submitting itemized bills to the Department. Within 60 days after receiving bills for postclosure care activities, the Department will instruct the trustee to make reimbursements in those amounts as the Department specifies in writing, if the Department determines that the postclosure expenditures are in accordance with the approved postclosure plan or otherwise justified. If the Department does not instruct the trustee to make such reimbursements, the owner or operator shall be provided a detailed written statement of reasons.
(13) The Department will agree to termination of the trust when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (i) of this section.
(b) Surety bond guaranteeing payment into a postclosure trust fund.
(1) An owner or operator may satisfy the requirements of this section by obtaining a surety bond which conforms to the requirements of this subsection and submitting the bond to the Department. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond shall be identical to the wording specified in section 66264.151, subsection (b). The surety bond shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund must meet the requirements specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the surety bond; and
(B) until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current postclosure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner or operator shall:
(A) fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure of the facility; or
(B) fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to begin final closure issued by the Department becomes final, or within 15 days after an order to begin final closure is issued by a U.S. district court or other court of competent jurisdiction; or
(C) provide alternate financial assurance as specified in this section, and obtain the Department's written approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
(6) The penal sum of the bond shall be in an amount at least equal to the current postclosure cost estimate, except as provided in subsection (f) of this section.
(7) Whenever the current postclosure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current postclosure cost estimate decreases, the penal sum may be reduced to the amount of the current postclosure cost estimate following written approval by the Department.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipt.
(9) The owner or operator may cancel the bond if the Department has given prior written consent based on receipt of evidence of alternate financial assurance as specified in this section.
(c) Postclosure letter of credit.
(1) An owner or operator may satisfy the requirements of this section by obtaining and submitting to the Department, an irrevocable standby letter of credit which conforms to the requirements of this subsection. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit shall be identical to the wording specified in section 66264.151, subsection (d). The letter of credit shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Department shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund must meet the requirements of the trust fund specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the letter of credit; and
(B) unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current postclosure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The letter of credit shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution and date, and providing the following information: the Hazardous Waste Facility Identification Number, name and address of the facility and the amount of funds assured for postclosure care of the facility by the letter of credit.
(5) The letter of credit shall be irrevocable and issued for a period of at least one (1) year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one (1) year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Department by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the owner or operator and the Department have received the notice, as evidenced by the return receipt.
(6) The letter of credit shall be issued in an amount at least equal to the current postclosure cost estimate, except as provided in subsection (f) of this section.
(7) Whenever the current postclosure cost estimate increases to an amount greater than the amount of the letter of credit during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the amount of the letter of credit to be increased so that it at least equals the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the amount of the letter of credit may be reduced to the amount of the current postclosure cost estimate following written approval from the Department.
(8) During the period of postclosure care, the Department may approve a decrease in the amount of the letter of credit if the owner or operator demonstrates to the Department that the amount exceeds the remaining cost of postclosure care.
(9) Following a determination by the Department that the owner or operator has failed to perform postclosure care in accordance with the approved postclosure plan and other permit requirements, the Department may draw on the letter of credit.
(10) If the owner or operator does not establish alternate financial assurance as specified in this section and obtain written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the Department shall draw on the letter of credit. The Department shall delay drawing on the letter of credit in accordance with the provisions of this paragraph, if the issuing institution grants an extension of the term of the credit. During the last 30 days of any such extension the Department shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this section and obtain written approval of such assurance from the Department.
(11) The Department shall return the letter of credit to the issuing institution for termination when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) The Department releases the owner or operator from the requirements in accordance with subsection (i) of this section.
(d) Postclosure insurance.
(1) An owner or operator may satisfy the requirements of this section by obtaining postclosure insurance which conforms to the requirements of this subsection and submitting a certificate of such insurance to the Department. The owner or operator shall submit to the Department a letter from an insurer stating that the insurer is considering issuance of postclosure insurance conforming to the requirements of this section to the owner or operator. The owner or operator shall submit the certificate of insurance to the Department or establish other financial assurance as specified in this section. At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
(2) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (e). The certificate of insurance shall contain original signatures.
(3) The postclosure insurance policy shall be issued for a face amount at least equal to the current postclosure cost estimate, except as provided in subsection (f) of this section. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer shall not change the face amount, although the insurer's future liability shall be lowered by the amount of the payments.
(4) The postclosure insurance policy shall guarantee that funds shall be available to provide postclosure care of the facility whenever the postclosure period begins. The policy shall also guarantee that once postclosure care begins the insurer shall be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the Department, to such party or parties as the Department specifies.
(5) An owner or operator or any other person authorized to perform postclosure care may request reimbursement for postclosure care expenditures by submitting itemized bills to the Department. Within 60 days after receiving bills for postclosure care activities, the Department will instruct the insurer to make reimbursements in those amounts as the Department specifies in writing, if the Department determines that the postclosure expenditures are in accordance with the approved postclosure plan or otherwise justified. If the Department does not instruct the insurer to make such reimbursements, a detailed written statement of reasons will be provided to the owner or operator.
(6) The owner or operator shall maintain the policy in full force and effect until the Department consents to termination of the policy by the owner or operator as specified in subsection (d)(11) of this section. Failure to pay the premium, without substitution of alternate financial assurance as specified in the section, shall constitute a significant violation of these regulations, warranting such remedy as the Department deems necessary. Such violation shall be deemed to begin upon receipt by the Department of a notice of future cancellation, termination or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy shall contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(8) The policy shall provide that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy shall, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate or fail to renew the policy by sending notice by certified mail to the owner or operator and the Department. Cancellation, termination or failure to renew shall not occur, however, during the 120 days beginning with the date of receipt of the notice by both the Department and the owner or operator, as evidenced by the return receipts. Cancellation, termination or failure to renew shall not occur and the policy shall remain in full force and effect in the event that on or before the date of expiration:
(A) the Department deems the facility abandoned; or
(B) interim status is terminated or revoked; or
(C) closure is ordered by the Department or any other State or Federal agency or a U.S. District Court or other court of competent jurisdiction; or
(D) the owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
(E) the premium due is paid.
(9) Whenever the current postclosure cost estimate increases to an amount greater than the face amount of the policy during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the face amount may be reduced to the amount of the current postclosure cost estimate following written approval by the Department.
(10) Commencing on the date that liability to make payments pursuant to the policy accrues, the insurer shall thereafter annually increase the face amount of the policy. Such increase shall be equivalent to the face amounts of the policy, less any payments made, multiplied by an amount equivalent to 85 percent of the most recent investment rate or of the equivalent coupon-issue yield announced by the U.S. Treasury for 26-week Treasury securities.
(11) The Department will give written consent to the owner or operator that the insurance policy may be terminated when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (i) of this section.
(e) Financial test and guarantee for postclosure care.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he or she passes a financial test as specified in this section. To pass this test the owner or operator shall meet the criteria either of subsection (e)(1)(A) or (B) of this section.
(A) the owner or operator shall have:
1. two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion and amortization to total liabilities greater than 0.1; and a ratio of current assets to current liabilities greater than 1.5; and
2. net working capital and tangible net worth each at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(B) the owner or operator shall have:
1. a current rating for his or her most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; and
2. tangible net worth at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(2) The phrase "current closure and postclosure cost estimates" as used in subsection (e)(1) of this section refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the owner's or operator's chief financial officer. The phrase "current plugging and abandonment cost estimates" as used in subsection (e)(1) of this section refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the owner's or operator's chief financial officer.
(3) To demonstrate that this test can be met, the owner or operator shall submit the following items to the Department:
(A) a letter signed by the owner's or operator's chief financial officer and worded as specified in section 66264.151, subsection (f). The letter shall be on the owner's or operator's official letterhead stationery, and shall contain an original signature, and
(B) a copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and
(C) a special report from the owner's or operator's independent certified public accountant to the owner or operator stating that:
1. the independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and
2. in connection with that procedure, no matters came to the independent certified public accountant's attention which caused him or her to believe that the specified data should be adjusted.
(4) After the initial submission of items specified in subsection (e)(3) of this section, the owner or operator shall send updated information to the Department within 90 days after the close of each succeeding fiscal year. This information shall consist of all three items specified in subsection (e)(3) of this section.
(5) If the owner or operator no longer meets the requirements of subsection  (e)(1) of this section, the owner or operator must send notice to the Department of intent to establish alternate financial assurance as specified in this section. The notice shall be sent by certified mail within 90 days after any occurrence that prevents the owner or operator from meeting the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after any such occurrence.
(6) The Department may, based on a reasonable belief that the owner or operator may no longer meet the requirements of subsection (e)(1) of this section, require reports of financial condition at any time from the owner or operator in addition to those specified in subsection (e)(3) of this section. If the Department finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subsection (e)(1) of this section, the owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of such a finding.
(7) The Department may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see subsection (e)(3)(B) of this section). An adverse opinion or a disclaimer of opinion shall be cause for disallowance. The Department will evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of the disallowance.
(8) During the period of postclosure care, the Department may approve a decrease in the current postclosure cost estimate for which this test demonstrates financial assurance if the owner or operator demonstrates to the Department that the amount of the cost estimate exceeds the remaining cost of postclosure care.
(9) The owner or operator is no longer required to submit the items specified in subsection (e)(3) of this section when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (i) of this section.
(10) An owner or operator may meet the requirements for this section by obtaining a written guarantee. The guarantor shall be the direct or higher-tier parent corporation as defined in section 66260.10 of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor shall meet the requirements for owners or operators in subsections (e)(1) through (9) of this section and shall comply with the terms of the guarantee. The wording of the guarantee shall be identical to the wording specified in section 66264.151, subsection (h). A certified copy of the guarantee shall accompany the items sent to the Department as specified in subsections (e)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter must describe this "substantial business relationship" and the value received in consideration of the guarantee. The terms of the guarantee shall provide that:
(A) if the owner or operator fails to perform postclosure care of a facility covered by the guarantee in accordance with the postclosure plan and other interim status requirements whenever required to do so, the guarantor shall do so or establish a trust fund as specified in subsection (a) of this section in the name of the owner or operator;
(B) the guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department as evidenced by the return receipt;
(C) if the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the guarantee from the guarantor, the guarantor shall provide such alternate financial assurance in the name of the owner or operator.
(f) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by establishing more than one financial mechanism per facility. The mechanisms shall be as specified in subsections (a) through (d) and (h) of this section, except that it is the combination of mechanisms, rather than the single mechanism, which shall provide financial assurance for an amount at least equal to the current postclosure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, he or she may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other as "excess" coverage. The Department may use any or all of the mechanisms to provide for postclosure care of the facility.
(g) Use of a financial mechanism for multiple facilities for postclosure care. An owner or operator may use one or more of the financial assurance mechanisms specified in subsections (a) through (e) and (h) of this section and section 66265.146 to meet the requirements of this section for more than one facility. Evidence of financial assurance submitted to the Department shall include a list showing, for each facility, the Hazardous Waste Facility Identification Number, name, address and the amount of funds for postclosure care assured by the mechanism. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for postclosure care of any of the facilities covered by the mechanism, the Department may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
(h) Alternative Financial Mechanism for Postclosure Care.
(1) The owner or operator may establish financial assurance for postclosure care for facilities which manage solely non-RCRA hazardous waste by means of a financial mechanism other than as specified in subsections (a) through (e) of this section, provided that prior to its use the mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the financial mechanisms specified in subsections (a) through (e) of this section and section 66265.146. The Department shall evaluate the equivalency of a mechanism principally in terms of:
(A) certainty of the availability of funds for the required postclosure care activities; and
(B) the amount of funds that will be made available;
(C) the Department may also consider other factors deemed to be appropriate, and may require the owner or operator to submit additional information as is deemed necessary to make the determination.
(2) The owner or operator shall submit to the Department the proposed mechanism together with a letter requesting that the proposed mechanism be considered acceptable for meeting the requirements of this section. The submission shall include the following information:
(A) name, address and phone number of the issuing institution; and
(B) hazardous waste facility identification number, name, address and postclosure cost estimate for each facility; and
(C) the amount of funds for postclosure care to be assured for each facility by the proposed mechanism; and
(D) the terms of the proposed mechanism (period covered, renewal/extension, cancellation).
(3) The Department shall notify the owner or operator in writing of the determination made regarding the proposed mechanism's acceptability in lieu of the financial assurance mechanisms specified in subsections (a) through (e) of this section.
(4) If a proposed mechanism is found acceptable, the owner or operator shall submit a fully executed document to the Department. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment.
(5) If a proposed mechanism is found acceptable except for the amount of funds, the owner or operator shall either increase the amount of the mechanism or obtain other financial assurance as specified in subsections (a) through (e) of this section. The amount of funds available through the combination of mechanisms shall at least equal the current postclosure cost estimate.
(i) Release of the owner or operator from Financial Assurance requirements for postclosure care.
(1) Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that all postclosure care requirements have been completed in accordance with the approved postclosure plan, the Department, at the request of the owner or operator, will notify the owner or operator in writing that he or she is no longer required by this section to maintain financial assurance for postclosure care of that unit, unless the Department has reason to believe that postclosure care has not been in accordance with the approved postclosure plan. The Department shall provide the owner or operator a detailed written statement of any such reason to believe that postclosure care has not been in accordance with the approved postclosure plan.
(2) When transfer of ownership or operational control of a facility occurs, and the new owner or operator has demonstrated to the satisfaction of the Department that the owner or operator is complying with the financial requirements of this section, the Department shall notify the previous owner or operator in writing that they are no longer required to maintain financial assurance for postclosure care of that particular facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 265.145. 
  
 



s 66265.146. Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care.
An owner or operator may satisfy the requirements for financial assurance for both closure and post-closure care for one or more facilities by using a trust fund, surety bond, letter of credit, insurance, financial test, or corporate guarantee or alternative mechanism, that meets the specifications for the mechanism in both sections 66265.143 and 66265.145. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of closure and of post-closure care.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 265.146. 
  
 



s 66265.147. Liability Requirements.
 (a) Coverage for sudden accidental occurrences. An owner or operator of a hazardous waste transfer, treatment, storage or disposal facility or a group of such facilities, shall demonstrate to the Department financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities. Except as specified in Section 67450.16, the owner or operator shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $1 million per occurrence with an annual aggregate of at least $2 million, exclusive of legal defense costs. This liability coverage may be demonstrated, as specified in subsections (a)(1), (2), (3), (4), (5), (6) or (8) of this section, and for an operator which is a public agency proposing to operate a household hazardous waste collection facility, subsection (7).
(1) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in this subsection.
(A) At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
(B) Each insurance policy shall be amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability Insurance. If requested by the Department, the owner or operator shall provide a copy of the insurance policy; the copy of the insurance policy shall contain original signatures.
(C) The wording of the liability endorsement shall be identical to the wording specified in section 66264.151, subsection (i). The liability endorsement shall contain original signatures and shall be submitted to the Department.
(D) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (j). The certificate of insurance shall contain original signatures and shall be submitted to the Department.
(E) An owner or operator of a new facility shall submit the liability endorsement or certificate of insurance to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The insurance shall be effective before this initial receipt of hazardous waste.
(2) An owner or operator may meet the requirements of this section by passing a financial test or using the guarantee for liability coverage as specified in subsections (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section by obtaining a letter of credit for liability coverage as specified in subsection (h) of this section.
(4) An owner or operator may meet the requirements of this section by obtaining a payment bond for liability coverage as specified in subsection (i) of this section.
(5) An owner or operator may meet the requirements of this section by obtaining a trust fund for liability coverage as specified in subsection (j) of this section.
(6) An owner or operator may demonstrate the required liability coverage through use of combinations of insurance, financial test, guarantee, letter of credit, payment bond and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated shall total at least the minimum amounts required by this section. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other assurance as "excess" coverage.
(7) An operator which is a public agency which is proposing to operate a household hazardous waste collection facility may meet the requirements of this section by obtaining self-insurance as specified in subsection (k) of this section.
(8) An owner or operator may meet the requirements of this section by obtaining an alternative financial mechanism, as described in subsection (l) of this section.
(9) An owner or operator shall notify the Department in writing within 30 days whenever:
(A) a claim results in a reduction in the amount of financial assurance for liability coverage under this section provided by a financial instrument authorized by subsections (a)(1) through (a)(5), (a)(7) and (a)(8) of this section; or
(B) a Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste transfer, treatment, storage, or disposal facility is entered between the owner or operator and third-party claimant for liability coverage under subsections (a)(1) through (a)(5), (a)(7) and (a)(8) of this section; or
(C) a final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage under subsection (a)(1) through (a)(5), (a)(7) and (a)(8) of this section
(b) Coverage for non-sudden accidental occurrences. An owner or operator of a surface impoundment as defined in section 66260.10, landfill as defined in section 66260.10, or land treatment facility as defined in section 66260.10 which is used to manage hazardous waste, or a group of such facilities, shall demonstrate to the Department financial responsibility for bodily injury and property damage to third parties caused by non-sudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator shall have and maintain liability coverage for non-sudden accidental occurrences in the amount of at least $3 million per occurrence, as defined in section 66260.10 with an annual aggregate of at least $6 million, exclusive of legal defense costs. An owner or operator who must meet the requirements of this section may combine the required per-occurrence coverage levels for sudden and non-sudden accidental occurrences into a single per-occurrence level, and combine the required annual aggregate coverage levels for sudden and nonsudden accidental occurrences into a single annual aggregate level. Owners or operators who combine coverage levels for sudden and non-sudden accidental occurrences shall maintain liability coverage in the amount of at least $4 million per occurrence and $8 million annual aggregate. This liability coverage may be demonstrated as specified in subsections (b)(1) through (7) of this section.
(1) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in this subsection.
(A) At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
(B) Each insurance policy shall be amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability Insurance. If requested by the Department, the owner or operator shall provide a copy of the insurance policy; the copy of the insurance policy shall contain original signatures.
(C) The wording of the liability endorsement shall be identical to the wording specified in section 66264.151, subsection (i). The liability endorsement shall contain original signatures and shall be submitted to the Department.
(D) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (j). The certificate of insurance shall contain original signatures and shall be submitted to the Department.
(E) An owner or operator of a new facility shall submit the liability endorsement or certificate of insurance to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The insurance shall be effective before this initial receipt of hazardous waste.
(2) An owner or operator may meet the requirements of this section by passing a financial test or using the guarantee for liability coverage as specified in sections (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section by obtaining a letter of credit for liability coverage as specified in subsection (h) of this section.
(4) An owner or operator may meet the requirements of this section by obtaining a payment bond for liability coverage as specified in subsection (i) of this section.
(5) An owner or operator may meet the requirements of this section by obtaining a trust fund for liability coverage as specified in subsection (j) of this section.
(6) An owner or operator may demonstrate the required liability coverage through use of combinations of insurance, financial test, guarantee, letter of credit, payment bond and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirements with a guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated shall total at least the minimum amounts required by this section. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other assurance as "excess" coverage.
(7) An owner or operator may meet the requirements of this section by obtaining an alternative financial mechanism, as described in subsection (l) of this section.
(8) An owner or operator shall notify the Department in writing within 30 days whenever:
(A) a claim results in a reduction in the amount of financial assurance for liability coverage under this section provided by a financial instrument authorized by subsections (b)(1) through (b)(7) of this section; or
(B) a Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste transfer, treatment, storage, or disposal facility is entered between the owner or operator and third-party claimant for liability coverage under subsections (b)(1) through (b)(7) of this section; or
(C) a final court order establishing a judgement for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage under subsections (b)(1) through (b)(7) of this section.
(c) Request for variance. If an owner or operator can demonstrate to the satisfaction of the Department that the levels of financial responsibility required by subsection (a) or (b) of this section or section 67450.5 are not consistent with the degree and duration of risk associated with transfer, treatment, storage, or disposal at the facility or group of facilities, the owner or operator may obtain a variance from the Department. The request for a variance shall be submitted in writing to the Department. If granted, the variance shall take the form of an adjusted level of required liability coverage, such level to be based on the Department's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. The Department may require an owner or operator who requests a variance to provide such technical and engineering information as is deemed necessary by the Department to determine a level of financial responsibility other than that required by subsection (a) or (b) of this section or section 67450.5. The Department will process a variance request as if it were a permit modification request under section 66270.41, subsection (a)(5) of this division and subject to the procedures of section 66271.4 of this division. Notwithstanding any other provision, the Department may hold a public hearing at its discretion or whenever it finds, on the basis of requests for a public hearing, a significant degree of public interest is expressed in a tentative decision to grant a variance.
(d) Adjustments by the Department. If the Department determines that the levels of financial responsibility required by subsections (a) or (b) of this section or section 67450.5 are not consistent with the degree and duration of risk associated with transfer, treatment, storage or disposal at the facility or group of facilities, the Department may adjust the level of financial responsibility required under subsections (a) or (b) of this section or section 67450.5 as may be necessary to protect human health and the environment. This adjusted level shall be based on the Department's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. In addition, if the Department determines that there is a significant risk to human health and the environment from non-sudden accidental occurrences resulting from the operations of a facility that is not a surface impoundment, landfill or land treatment facility, the Department shall require that an owner or operator of the facility comply with subsection (b) of this section. An owner or operator shall furnish to the Department, within a reasonable time, any information which the Department requests to determine whether cause exists for such adjustments of level or type of coverage. The Department shall process an adjustment of the level of required coverage as if it were a permit modification under section 66270.41, subsection (a)(5) of this division and subject to the procedures of 66271.4 of this division. Notwithstanding any other provision, the Department may hold a public hearing at its discretion or whenever, on the basis of requests for a public hearing, a significant degree of public interest is expressed in a tentative decision to adjust the level or type of required coverage.
(e) Period of coverage. Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that final closure has been completed in accordance with the approved closure plan, the Department shall notify the owner or operator in writing that he or she is no longer required by this section to maintain liability coverage for that facility, unless the Department has reason to believe that closure has not been in accordance with the approved closure plan.
(f) Financial test for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he or she passes a financial test as specified in this subsection. To pass this test the owner or operator shall meet the criteria of subsection (f)(1)(A) or (B) of this section.
(A) the owner or operator shall have:
1. net working capital and tangible net worth each at least six times the amount of liability coverage to be demonstrated by this test; and
2. tangible net worth of at least $10 million; and
3. assets in the United States amounting to either:
a. at least 90 percent of total assets; or
b. at least six times the amount of liability coverage to be demonstrated by this test.
(B) the owner or operator shall have:
1. a current rating for his or her most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's, or Aaa, Aa, A or Baa as issued by Moody's; and
2. tangible net worth of at least $10 million; and
3. tangible net worth at least six times the amount of liability coverage to be demonstrated by this test; and
4. assets in the United States amounting to either:
a. at least 90 percent of total assets; or
b. at least six times the amount of liability coverage to be demonstrated by this test.
(2) The phrase "amount of liability coverage" as used in subsection (f)(1) of this section refers to the annual aggregate amounts for which coverage is required under subsections (a) and (b) of this section and sections 67450.14 and 67450.15.
(3) To demonstrate that this test can be met, the owner or operator shall submit the following items to the Department:
(A) a letter signed by the owner's or operator's chief financial officer and worded as specified in section 66264.151, subsection (g). The letter shall be on the official letterhead stationery of the owner or operator, and shall contain an original signature. An owner or operator may use the financial test to demonstrate both assurance for closure or postclosure care, as specified in section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), section 66265.145, subsection (e) and section 67450.13, and liability coverage as specified in section 66264.147, subsection (a), section 66264.147, subsection (b), section 66265.147, subsection (a), section 66265.147, subsection (b), sections 67450.14 and 67450.15. If an owner or operator is using the financial test to cover both forms of financial responsibility, a separate letter is not required.
(B) a copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year.
(C) a special report from the owner's or operator's independent certified public accountant to the owner or operator stating that:
1. the independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and
2. in connection with that procedure, no matters came to the independent certified public accountant's attention which caused him or her to believe that the specified data should be adjusted.
(4) An owner or operator of a new facility shall submit the items specified in subsection (f)(3) of this section to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal.
(5) After the initial submission of items specified in subsection (f)(3) of this section, the owner or operator shall send updated information to the Department within 90 days after the close of each succeeding fiscal year. This information shall consist of all three items specified in subsection (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of subsection  (f)(1) of this section, liability coverage shall be obtained for the entire amount of coverage as described in this section by use of the financial mechanisms described in this section. Notice shall be sent to the Department of the owner's or operator's intent to obtain the required coverage; notice shall be sent by either registered mail or by certified mail within 90 days after any occurrence that prevents the owner or operator from meeting the test requirements. Evidence of liability coverage shall be submitted to the Department within 90 days after any occurrence that prevents the owner or operator from meeting the requirements.
(7) The Department may, based on a reasonable belief that the owner or operator no longer meets the requirements of subsection (f)(1) of this section, require reports of financial condition at any time from the owner or operator in addition to those specified in subsection (f)(3) of this section. If the Department finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subsection (f)(1) of this section, the owner or operator shall provide alternate financial assurance for closure and postclosure care and evidence of the required liability coverage as specified in this section within 30 days after notification of such a finding.
(8) The Department may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see subsection (f)(3)(B) of this section). An adverse opinion or a disclaimer of opinion will be cause for disallowance. The Department will evaluate other qualifications on an individual basis. The owner or operator shall provide evidence of liability coverage for the entire amount required as specified in this section within 30 days after notification of disallowance.
(9) The owner or operator is no longer required to submit the items specified in subsection (f)(3) of this section when:
(A) an owner or operator substitutes alternate financial assurance for closure and postclosure care and evidence of liability coverage as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with sections 66265.143, subsection (i), 66265.145, subsection (i) and 66265.147, subsection (e).
(g) Guarantee for liability coverage.
(1) Subject to subsection (g)(2) of this section, an owner or operator may meet the requirements of this section by obtaining a written guarantee, hereinafter referred to as "guarantee." The guarantor shall be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor shall meet the requirements for owners or operators in subsections (f)(1) through (f)(6) of this section. The wording of the guarantee shall be identical to the wording specified in  section 66264.151, subsection (h)(2), and shall have original signatures. A certified copy of the guarantee shall accompany the items sent to the Department as specified in subsection (f)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, this letter shall describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter shall describe this "substantial business relationship" and the value received in consideration of the guarantee. The term of the guarantee shall provide as follows:
(A) if the owner or operator fails to satisfy a judgment based on a determination of liability for bodily injury or property damage to third parties caused by sudden or non-sudden accidental occurrences (or both as the case may be), arising from the operation of facilities covered by this guarantee, or fails to pay an amount agreed to in settlement of claims arising from or alleged to arise from such injury or damage, the guarantor shall do so up to the limits of coverage.
(B) the guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. This guarantee shall not be terminated unless and until the Department approves alternate liability coverage complying with section 66264.147 and/or section 66265.147.
(2)(A) In the case of corporations incorporated in states other than California, a guarantee may be used to satisfy the requirements of this section only if the Attorney General or Insurance Commissioner of;
1. the State in which the guarantor is incorporated, and
2. each state in which a facility covered by the guarantee is located have submitted a written statement to the Department that a guarantee executed as described in this section is a legally valid and enforceable obligation in that State.
(B) In the case of corporations incorporated outside the United States, a guarantee may be used to satisfy the requirements of this section only if;
1. the non-U.S. corporation has identified a registered agent for service of process in each State in which a facility covered by the guarantee is located and in the State in which it has its principal place of business; and if
2. the Attorney General or Insurance Commissioner of each State in which a facility covered by the guarantee is located and the State in which the guarantor corporation has its principal place of business, has submitted a written statement to the Department that a guarantee executed as described in this section is a legally valid and enforceable obligation in that State.
(h) Letter of credit for liability coverage:
(1) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit that conforms to the requirements of this subsection and submitting a copy of the letter of credit to the Department.
(2) The financial institution issuing the letter of credit must be an entity that has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
(3) The wording of the letter of credit shall be identical to the wording specified in section 66264.151, subsection (k) of this division. The letter of credit shall contain original signatures and shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, effective date, and providing the following information; the hazardous waste facility identification number, name and address of the facility, and the amount of funds assured for valid third party liability claims of the facility by the letter of credit.
(4) An owner or operator who uses a letter of credit to satisfy the requirement of this section may also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft
by the trustee of the standby trust shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the trustee. The trustee of the standby trust fund shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency. This standby trust fund shall meet all of the requirements of the trust fund specified in subsection (j) of this section.
(5) The wording of the standby trust fund shall be identical to the wording specified in section 66264.151, subsection (n).
(6) The letter of credit shall be irrevocable and issued for a period of at least one (1) year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one (1) year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Department by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the owner or operator and the Department have received the notice, as evidenced by the return receipts.
(7) The letter of credit shall be issued in an amount at least equal to the required per occurrence and annual aggregate amount for sudden, or nonsudden, or sudden and nonsudden liability coverage, except as provided in subsection (b)(6) of this section.
(i) Payment bond for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by obtaining a payment bond that conforms to the requirements of this subsection and submitting a copy of the bond to the Department.
(2) The surety company issuing the bond shall be among those listed as acceptable sureties on Federal bonds in the most recent Circular 570 of the U.S. Department of the Treasury.
(3) The wording of the payment bond shall be identical to the wording specified in section 66264.151, subsection (l). The payment bond shall contain original signatures.
(4) A payment bond may be used to satisfy the requirements of this section only if the Attorney General or Insurance Commissioner of
(A) the State in which the surety is incorporated, and
(B) each State in which a facility/TTU covered by the payment bond is located have submitted a written statement to the Department that a payment bond executed as described in this section and is a legally valid and enforceable obligation in that State.
(j) Trust fund for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by establishing a trust fund that conforms to the requirements of this subsection by submitting an originally signed duplicate of the trust agreement and a formal certification of acknowledgment.
(2) The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or state agency.
(3) The trust fund for liability coverage shall be funded for the full amount of the liability coverage to be provided by the trust fund before it may be relied upon to satisfy the requirements of this section. If at any time after the trust fund is created the amount of funds in the trust fund is reduced below the full amount of the liability coverage to be provided, the owner or operator, by the anniversary date of the establishment of the fund, shall either add sufficient funds to the trust fund to cause its value to equal the full amount of liability coverage to be provided, or obtain other financial assurance as specified in this section to cover the difference. For purposes of this subsection, "the full amount of the liability coverage to be provided" means the amount of coverage for sudden and/or nonsudden occurrences required to be provided by the owner or operator by this section, less the amount of financial assurance for liability coverage that is being provided by other financial assurance mechanisms being used to demonstrate financial assurance by the owner or operator.
(4) The wording of the trust agreement shall be identical to the wording specified in section 66264.151, subsection (m).
(k)  Self-Insurance for Public Agencies.
(1) A public agency operating a household hazardous waste collection facility may demonstrate the required liability coverage by self-insuring as specified in this section, and by submitting evidence of such insurance to the Department.
(2) The public agency shall have:
(A) self-insurance;
(B) an active safety and loss prevention program that seeks to minimize the frequency and magnitude of third party damages caused by accidental occurrences and other self-insured losses; and
(C) procedures for and a recent history of timely investigation and resolution of any claims for third party damages caused by accidental occurrences and other self-insured losses.
(3) To demonstrate that self-insurance can be used, the public agency shall submit the following items to the Department at least 45 days before the date on which hazardous waste is first received. The insurance shall be effective before the initial receipt of hazardous waste:
(A) a Certificate of Self-Insurance shall be completed by utilizing only form DTSC 1165 (12/00), (Certificate of Self-Insurance), without making any changes to the form, which shall be provided by the Department; and
(B) a letter from the Chief Administrative Officer of the public agency which contains an original signature, stating that self-insurance is the chosen mechanism for liability coverage.
(4) If the public agency no longer meets the requirements of subsection (k)(2) of this section, notice shall be sent by either registered mail or certified mail within 30 days after any occurrence that prevents the public agency from meeting the self-insurance requirements. Alternative liability coverage shall be obtained for the entire amount of coverage as described in Section 67450.4, subsection (b) by using one of the other financial mechanisms described in this section. Evidence of the alternative liability coverage shall be submitted to the Department within 90 days after any occurrence that prevents the public agency from meeting the self-insurance requirements.
(5) The Department may, based on the reasonable belief that the public agency no longer meets the requirements of subsection (k)(2) of this section, require reports of financial condition and insurance policies at any time from the public agency in addition to those specified in subsection (k)(3) of this section. If the Department finds, on the basis of such reports or other information, that the public agency no longer meets the requirements of subsection (k)(2) of this section, the public agency shall provide alternate financial assurance for liability coverage as specified in this section within 30 days after notification of such a finding.
(l) Liability Coverage -Alternative Mechanism.
(1) An owner or operator of a facility or facilities where solely non-RCRA hazardous waste is managed, a Transportable Treatment Unit (TTU) operated pursuant to section 67450.2(a) and/or a Fixed Treatment Unit (FTU) operated pursuant to section 67450.2(b), may demonstrate the required liability coverage by means of a mechanism other than those specified in subsections (a) and (b) of this section, provided that, prior to its use, the proposed mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the mechanisms specified in subsections (a) and (b) of this section. The Department shall evaluate the equivalency of a mechanism principally in terms of:
(A) certainty of the availability of funds for the required liability coverage; and
(B) the amount of funds that will be made available;
(C) the Department shall also consider other factors deemed to be appropriate, and shall require the owner or operator to submit additional information as is deemed necessary to make the determination.
(2) The owner or operator shall submit to the Department the proposed mechanism together with a letter requesting that the alternate mechanism be considered acceptable for meeting the requirements of subsections (a) and (b) of this section and sections 67450.14 and 67450.15. The submission shall include the following information:
(A) the name, address and phone number of the issuing institution; and
(B) hazardous waste facility identification number, name, address and the amount of liability, TTU or FTU coverage to be provided for each facility; and
(C) the terms of the proposed mechanism (period of coverage, renewal/extension, cancellation).
(3) The Department shall notify the owner or operator in writing of the determination made regarding the proposed mechanism's acceptability in lieu of the other mechanisms specified in subsections (a) and (b) of this section and sections 67450.14 and 67450.15.
(4) If a proposed mechanism is found acceptable, the owner or operator shall submit a fully executed document to the Department. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment.
(5) If a proposed mechanism is found acceptable except for the amount of coverage, the owner or operator shall either increase the coverage or obtain other liability coverage as specified in subsections (a) and (b) of this section and sections 67450.14 and 67450.15. The amount of coverage available through the combination of mechanisms shall at least equal the amounts required by subsections (a) and (b) of this section and sections 67450.14 and 67450.15.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25200.1 and 25245, Health and Safety Code; 40 CFR Section 265.147. 
  
 



s 66265.148. Incapacity of Owners or Operators, Guarantors, or Financial Institutions.
 (a) An owner or operator shall notify the Department by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator as debtor, within 10 days after commencement of the proceeding. A guarantor of a guarantee as specified in section 66265.143(e) and 66265.145(e) shall make such a notification if named as debtor, as required under the terms of the guarantee.
(b) An owner or operator who fulfills the financial assurance or liability coverage requirements by obtaining a trust fund, surety bond, letter of credit, or insurance policy shall be deemed to be without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or of the institution issuing the surety bond, letter of credit, or insurance policy to issue such instruments. The owner or operator shall establish other financial assurance or liability coverage within 60 days after such an event.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 265.148. 
  
 



s 66265.170. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities that transfer or store containers of hazardous waste, except as section 66265.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.170. 
  
 



s 66265.171. Condition of Containers.
If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects), or if it begins to leak, the owner or operator shall transfer the hazardous waste from this container to a container that is in good condition, or manage the waste in some other way that complies with the requirements of this chapter.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.171. 
  
 



s 66265.172. Compatibility of Waste with Containers.
The owner or operator shall use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be transferred or stored, so that the ability of the container to contain the waste is not impaired.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.172. 
  
 



s 66265.173. Management of Containers.
 (a) A container holding hazardous waste shall always be closed during transfer and storage, except when it is necessary to add or remove waste.
(b) A container holding hazardous waste shall not be opened, handled, transferred or stored in a manner which may rupture the container or cause it to leak. Re-use of containers for transportation shall comply with the requirements of the U.S. Department of Transportation regulations, including those set forth in 49 CFR section 173.28.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.173. 
  
 



s 66265.174. Inspections.
The owner or operator shall inspect areas used for container storage or transfer, at least weekly, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.174. 
  
 



s 66265.176. Special Requirements for Ignitable or Reactive Waste.
Containers holding ignitable or reactive waste shall be located at least 15 meters (50 feet) from the facility's property line.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.176. 
  
 



s 66265.177. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible wastes and materials (see Appendix V for examples) shall not be placed in the same container, unless section 66265.17(b) is complied with.
(b) Hazardous waste shall not be placed in an unwashed container that previously held an incompatible waste or material (see Appendix V for examples).
(c) A container holding a hazardous waste that is incompatible with any waste or other materials transferred or stored nearby in other containers, piles, open tanks, or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.177. 
  
 



s 66265.178.Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of articles 27, 28 and 28.5 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159,and 25159.5, Health and Safety Code; and 40 CFR Section 265.178. 
  
 



s 66265.190. Applicability.
The regulations of this article apply to owners and operators of facilities that use tank systems for transferring, storing or treating hazardous waste, except as otherwise provided in subsections (a) and (b) of this section or in section 66265.1 of this chapter.
(a) Tank systems that are used to transfer, store or treat hazardous waste containing no free liquids and that are situated inside a building with an impermeable floor are exempted from the requirements of section 66265.193 of this article. To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test must be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", (EPA Publication No. SW-846, 3d edition and Updates (incorporated by reference in section 66260.11 of this chapter)) shall be used.
(b) Tank systems, including sumps, as defined in section 66260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in section 66265.193(a).
(c) Tanks, sumps, and other collection devices used in conjunction with drip pads, as defined in section 66260.10 and regulated under Chapter 15, Article 17.5, shall meet the requirements of this article.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code;  and 40 CFR Section 265.190. 
  
 



s 66265.191. Assessment of Existing Tank System's Integrity.
 (a) For each existing tank system that does not have secondary containment meeting the requirements of section 66265.193, the owner or operator shall determine that the tank system is not leaking or is unfit for use. Except as provided in subsections (c) and (e) of this section, the owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that attests to the tank system's integrity.
(b) This assessment shall determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be transferred, stored or treated to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment shall consider the following:
(1) design standard(s), if available, according to which the tank and ancillary equipment were constructed;
(2) hazardous characteristics of the waste(s) that have been or will be handled;
(3) existing corrosion protection measures;
(4) documented age of the tank system, if available, (otherwise, an estimate of the age); and
(5) results of a leak test, internal inspection, or other tank integrity examination such that:
(A) for non-enterable underground tanks, this assessment shall consist of a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water table effects,
(B) for other than non-enterable underground tanks and for ancillary equipment, this assessment shall be either a leak test, as described above, or an internal inspection and/or other tank integrity examination certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d) that addresses cracks, leaks, corrosion, and erosion.
(c) For tank systems that transfer, store or treat materials that become hazardous wastes this assessment shall be conducted within 12 months after the date that the waste becomes a hazardous waste, except as provided in subsection (g) of this section.
(d) If, as a result of the assessment conducted in accordance with subsection  (a) or (e) of this section, a tank system is found to be leaking or unfit for use, the owner or operator shall comply with the requirements of section 66265.196.
(e)(1) Notwithstanding subsections (a) through (c) of this section, for each existing tank system that does not have secondary containment meeting the requirements of section 66265.193 and which meets the criteria specified in subsection (e)(2) of this section, the assessment specified in subsection (g) of this section shall be conducted by January 24, 1998. This assessment shall be reviewed and certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that attests to the tank system's integrity. The assessment shall be kept on file at the facility until closure of the facility and shall be valid for a period of one year from the date the assessment was certified.
(2) The provisions of subsection (e)(1) of this section apply only to:
(A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems containing RCRA hazardous wastes generated onsite, if:
1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.
(f) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(g) The tank system assessment shall include all of the following information:
(1) tank configuration (i.e., horizontal, vertical), and gross capacity (in gallons);
(2) design standard(s), if available, according to which the tank and ancillary equipment were constructed and all of the following information;
(A) material of construction;
(B) material thickness and the method used to determine the thickness;
(C) description of tank system piping (material, diameter);
(D) description of any internal and external pumps; and
(E) sketch or drawing of tank including dimensions.
(3) documented age of the tank system, if available, otherwise, an estimate of the age based on owner or operator knowledge;
(4) description and evaluation of the adequacy of any leak detection equipment;
(5) description and evaluation of any corrosion protection equipment;
(6) description and evaluation of any spill prevention or overfill equipment;
(7) hazardous characteristics of the waste(s) that have been or will be handled;
(8) description of any structural damage or inadequate construction or installation such as cracks, punctures, or damaged fittings. All discrepancies shall be documented in the assessment and remedied before the tank system is certified for use.
(9) results of a leak test, internal inspection, or other tank system integrity examination including the type of integrity examination performed (i.e., ultrasonic, internal examination, volumetric tank test, pipeline pressure test). Tank system integrity or leak test requirements must be in compliance with all local requirements. Prior to conducting a tank system integrity test or leak test, contact local agency staff for local requirements.
(10) estimated remaining service life of the tank system based on findings of subsections (g)(1) through (g)(9).
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.191. 
  
 



s 66265.192. Design and Installation of New Tank Systems or Components.
 (a) Owners or operators of new tank systems or components shall ensure that the foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the waste(s) to be transferred, stored or treated, and corrosion protection so that it will not collapse, rupture, or fail. The owner or operator shall obtain a written assessment reviewed and certified by an independent, qualified, professional engineer, registered in California in accordance with section 66270.11(d) attesting that the system has sufficient structural integrity, is acceptable for the transferring, storing and treating of hazardous waste, and that the tanks and containment system are suitably designed to achieve the requirements of this article. This assessment shall be obtained prior to placing the tank system in service, and shall be kept on file at the facility. This assessment shall also include, at a minimum, the following information:
(1) design standard(s) according to which the tank(s) and ancillary equipment are or will be constructed;
(2) hazardous characteristics of the waste(s) to be handled;
(3) for new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system is or will be in contact with the soil or with water, a determination by a corrosion expert of:
(A) factors affecting the potential for corrosion, including but not limited to:
1. soil moisture content;
2. soil pH;
3. soil sulfides level;
4. soil resistivity;
5. structure to soil potential;
6. influence of nearby underground metal structures (e.g., piping);
7. stray electric current; and,
8. existing corrosion-protection measures (e.g., coating, cathodic protection), and
(B) the type and degree of external corrosion protection that are needed to ensure the integrity of the tank system during the use of the tank system or component, consisting of one or more of the following:
1. corrosion-resistant materials of construction such as special alloys or fiberglass-reinforced plastic;
2. corrosion-resistant coating (such as epoxy or fiberglass) with cathodic protection (e.g., impressed current or sacrificial anodes); and
3. electrical isolation devices such as insulating joints and flanges;
(4) for underground tank system components that are likely to be affected by vehicular traffic, a determination of design or operational measures that will protect the tank system against potential damage; and
(5) design considerations to ensure that:
(A) tank foundations will maintain the load of a full tank;
(B) tank systems will be anchored to prevent flotation or dislodgement where the tank system is placed in a saturated zone, or is located within a seismic fault zone; and
(C) tank systems will withstand the effects of frost heave.
(b) The owner or operator of a new tank system shall ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Prior to covering, enclosing, or placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, professional engineer, registered in California, either of whom is trained and experienced in the proper installation of tank systems, shall inspect the system or component for the presence of any of the following items:
(1) weld breaks;
(2) punctures;
(3) scrapes of protective coatings;
(4) cracks;
(5) corrosion;
(6) other structural damage or inadequate construction or installation. All discrepancies shall be remedied before the tank system is covered, enclosed, or placed in use.
(c) New tank systems or components and piping that are placed underground and that are backfilled shall be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and that is carefully installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported.
(d) All new tanks and ancillary equipment shall be tested for tightness prior to being covered, enclosed or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leak(s) in the system shall be performed prior to the tank system being covered, enclosed, or placed in use.
(e) Ancillary equipment shall be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion or contraction.
(f) The owner or operator shall provide the type and degree of corrosion protection necessary, based on the information provided under subsection (a)(3) of this section, to ensure the integrity of the tank system during use of the tank system. The installation of a corrosion protection system that is field fabricated shall be supervised by an independent corrosion expert to ensure proper installation.
(g) The owner or operator shall obtain and keep on file at the facility written statements by those persons required to certify the design of the tank system and supervise the installation of the tank system in accordance with the requirements of subsections (b) through (f) of this section to attest that the tank system was properly designed and installed and that repairs, pursuant to subsection (b) and (d) of this section were performed. These written statements shall also include the certification statement as required in section 66270.11(d) of this division.
(h)(1) Notwithstanding subsections (a) through (g) of this section, design and installation of new tank systems or components used to manage hazardous waste, and which meet the criteria specified in subsection (h)(2) of this section, are not subject to the requirements of subsections (h) through (m) of this section until January 24, 1998. The assessment specified in subsection (k) of this section shall be obtained prior to placing a new tank system in service and shall be kept on file at the facility. This assessment shall be reviewed and certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), attesting that the tank system has sufficient structural integrity and is acceptable for the transferring, storing and treating of hazardous waste. The assessment shall be valid for a maximum period of five (5) years or the remaining service life of the tank system, as stated in the engineer's assessment, whichever is less. New tank systems that have been assessed pursuant to subsections (a) through (g) of this section prior to June 1, 1995 are not required to be reassessed pursuant to subsection (k) for a period of five years from the date of the assessment or June 1, 2000, whichever is the earlier date. If changes have been made to the tank system or new components have been added to the tank system subsequent to an assessment conducted prior to June 1, 1995, the tank system shall be reassessed pursuant to subsection (k).
(2) The provisions of subsection (h)(1) of this section apply only to:
(A) onground or aboveground tank systems containing only non-RCRA hazardous waste generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems containing RCRA hazardous waste generated onsite, if:
1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.
(i) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(j) New, onground or aboveground non-RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal act, with secondary containment, whose design and installation have been approved by a local agency or agencies, may, at the discretion of the CUPA, be exempt from the engineering assessment specified in subsection (k) of this section, provided minimum criteria specified in subsections (j)(1) through (j)(3) of this section are met. If the CUPA determines to exempt a new tank system from the assessment required pursuant to this subsection, the exemption shall be for a period of not more than three (3) years from the date the exemption was granted. The tank system owner or operator shall submit documentation of local agency approval to the applicable CUPA for review and possible acceptance in lieu of the assessment specified in subsection (k) of this section. If there is no CUPA, or the CUPA requests that the Department make a determination, the documentation shall be submitted to the Department.
(1) tank system must have secondary containment capable of containing 100 percent of the contents of the tank and ancillary piping volume; and
(2) if the tank system is exposed to precipitation, the secondary containment system must have sufficient capacity, in addition to that required in subsection (j)(1) of this section, to contain run-on and infiltration from a 25-year, 24-hour rainfall event;
(3) tank system secondary containment shall be provided with a leak detection system that is designed and operated so that it will detect either the failure of the primary and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 hours.
(k) The tank system assessment shall include all of the following information:
(1) tank configuration (i.e., horizontal, vertical), material of construction, and gross capacity (in gallons);
(2) design standard(s), if available, according to which the tank and ancillary equipment were or will be constructed and all of the following information:
(A) material of construction;
(B) material thickness and the method used to determine the thickness;
(C) description of tank system piping (material, diameter);
(D) description of any internal and external pumps; and
(E) sketch or drawing of tank including dimensions.
(3) documented age of the tank system (if tank was previously used), if available, (otherwise, an estimate of the age);
(4) description and evaluation of any leak detection equipment;
(5) description and evaluation of any corrosion protection equipment, devices, or material;
(6) description and evaluation of any spill prevention or overfill equipment;
(7) description and evaluation of secondary containment for the tank system  (secondary containment must meet minimum standards as specified in subsections (j)(1) through (j)(3) of this section) including applicable secondary containment for ancillary equipment as required in subsection 66265.193(f);
(8) hazardous characteristics of the waste(s) that have been or will be handled;
(9) prior to placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, professional engineer, registered in California, either of whom is trained and experienced in the proper installation of tank systems, shall inspect the system or component for the presence of any of the following items and document in writing the results of the inspection:
(A) weld cracks or breaks;
(B) scrapes of protective coatings;
(C) corrosion;
(D) any structural damage or inadequate construction or installation such as cracks, punctures, damaged fittings. All discrepancies shall be documented in the assessment and remedied before the tank system is placed in use.
(10) all new tanks and ancillary equipment shall be tested for tightness prior to being placed in use. The results of the test(s) shall be documented in this assessment. Tank system integrity or leak test requirements must be in compliance with all local requirements. Prior to conducting a tank system integrity test or leak test, contact local agency staff for local requirements.
(11) estimated remaining service life of the tank system based on findings of subsections (k)(1) through (k)(10).
(l) The assessment specified in subsection (k) of this section is not required for the replacement of the following identical or functionally equivalent tank system parts or components:
(1) pumps (same type and capacity);
(2) plumbing or piping components such as unions, elbows, tees and gaskets;
(3) valves and check valves;
(4) piping and valve hangers and supports;
(m) Replacement of identical or functionally equivalent tank system parts or components not listed in subsection (l) of this section shall be approved by the CUPA prior to replacement or changeout. If the tank system part or component is determined to be identical or functionally equivalent by the CUPA, the assessment specified in subsection (k) of this section is not required. The owner or operator shall provide the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, with the following information in writing so that a determination can be made:
(1) name, address, and EPA identification number of the facility;
(2) date of planned replacement;
(3) description part or component to be replaced;
(4) description of the tank system and type of waste(s) handled;
(5) description of how the part or component is identical or functionally equivalent to the part or component to be replaced.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.192. 
  

 



s 66265.193. Containment and Detection of Releases.
 (a) In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section shall be provided (except as provided in subsections (f) and (g) of this section):
(1) for all new tank systems or components, prior to the tank system or component being put into service;
(2) for all existing tank systems, unless:
(A) the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1000 kg per month generator as defined in 40 CFR section 265.201, or
(B) the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1.
(3) for tank systems that transfer, store or treat materials that subsequently become hazardous wastes within two years after the materials become hazardous waste unless the owner or operator complies with section 40 CFR 265.201 and is one of the following:
(A) the owner or operator is a conditionally exempt small quantity generator or a 100 to 1000 kg per month generator, or
(B) the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.
(b) Secondary containment systems shall be:
(1) designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, or surface water at any time during the use of the tank system; and
(2) capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
(c) To meet the requirements of subsection (b) of this section, secondary containment systems shall be at a minimum:
(1) constructed of or lined with materials that are compatible with the waste(s) to be placed in the tank system and shall have sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrological forces), physical contact with the waste to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from nearby vehicular traffic);
(2) placed on a foundation or base capable of providing support to the secondary containment system and resistance to pressure gradients above and below the system and capable of preventing failure due to settlement, compression, or uplift;
(3) provided with a leak detection system that is designed and operated so that it will detect the failure of either the primary and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 hours;
(4) sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation shall be removed from the secondary containment system within 24 hours, or in as timely a manner as is possible to prevent harm to human health or the environment, if removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours.
(A) If the collected material is a hazardous waste under chapter 11 of this division, it shall be managed as a hazardous waste in accordance with all applicable requirements of chapters 2 through 15 of this division.
(B) If the collected material is discharged through a point source to waters of the United States, the owner or operator shall comply with the requirements of sections 301, 304, and 402 of the Federal Clean Water Act (33 U.S.C. sections 1311, 1314 and 1342, respectively), as amended.
(C) If the collected material is discharged to Publicly Owned Treatment Works  (POTWs), the owner or operator shall comply with the requirements of section 307 of the Federal Clean Water Act, as
amended (33 U.S.C. section 1317).
(D) If the collected material is released to the environment, the owner or operator shall comply with the applicable reporting requirements of 40 CFR Part 302.
(d) Secondary containment for tanks shall include one or more of the following devices:
(1) a liner (external to the tank);
(2) a vault;
(3) a double-walled tank; or
(4) an equivalent device as approved by the Department.
(e) In addition to the requirements of subsections (b), (c), and (d) of this section, secondary containment systems shall satisfy the following requirements:
(1) external liner systems shall be:
(A) designed or operated to contain 100 percent of the capacity of the largest tank within its boundary;
(B) designed or operated to prevent run-on and infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity, in addition to that required in subsection (e)(1)(A) of this section,  to contain run-on and infiltration. Such additional capacity shall be sufficient to contain run-on and infiltration of precipitation from a 25-year, 24-hour rainfall event;
(C) free of cracks or gaps; and
(D) designed and installed to completely surround the tank and to cover all surrounding earth likely to come into contact with the waste if released from the tank(s) (i.e., capable of preventing lateral as well as vertical migration of the waste).
(2) Vault systems shall be:
(A) designed or operated to contain 100 percent of the capacity of the largest tank within its boundary;
(B) designed or operated to prevent run-on and infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity, in addition to that required in subsection (e)(2)(A) of this section, to contain run-on and infiltration. Such additional capacity shall be sufficient to contain run-on and infiltration of precipitation from a 25-year, 24-hour rainfall event;
(C) constructed with chemical-resistant water stops in place at all joints (if any);
(D) provided with an impermeable interior coating or lining that is compatible with the waste being transferred, stored or treated and that will prevent migration of waste into the concrete;
(E) provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being transferred, stored or treated:
1. meets the definition of ignitable waste under section 66262.21 of this division, or
2. meets the definition of reactive waste under section 66261.23 of this division and may form an ignitable or explosive vapor; and
(F) provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.
(3) Double-walled tanks shall be:
(A) designed as an integral structure (i.e., an inner tank within an outer shell) so that any release from the inner tank is contained by the outer shell;
(B) protected, if constructed of metal, from both corrosion of the primary tank interior and the external surface of the outer shell; and
(C) provided with a built-in, continuous leak detection system capable of detecting a release within 24 hours or at the earliest practicable time, if the owner or operator can demonstrate to the Department, and the Department concurs, that the existing leak detection technology or site conditions will not allow detection of a release within 24 hours.
(f) Ancillary equipment shall be provided with full secondary containment  (e.g., trench, jacketing, double-walled piping) that meets the requirements of subsections (b) and (c) of this section except for:
(1) aboveground piping (exclusive of flanges, joints, valves, and connections) that are visually inspected for leaks on a daily basis;
(2) welded flanges, welded joints, and welded connections that are visually inspected for leaks on a daily basis;
(3) sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks on a daily basis; and
(4) pressurized aboveground piping systems with automatic shut-off devices  (e.g., excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.
(g) The owner or operator may obtain a variance from the requirements of this section for existing above-ground tanks in place, if the Department finds, as a result of a demonstration by the owner or operator, either that alternative design and operating practices, together with location characteristics, will prevent the migration of hazardous waste or hazardous constituents into the ground water or surface water at least as effectively as secondary containment during the active life of the tank system, or that in the event of a release that does migrate to ground water or surface water, no substantial present or potential hazard will be posed to human health or the environment.
(1) In deciding whether to grant a variance based on a demonstration of equivalent protection of ground water and surface water, the Department will consider:
(A) the nature and quantity of the waste;
(B) the proposed alternate design and operation;
(C) the hydrogeologic setting of the facility, including the thickness of soils between the tank system and ground water; and
(D) all other factors that would influence the quality and mobility of the hazardous constituents and the potential for the constituents to migrate to ground water or surface water.
(2) In deciding whether to grant a variance, based on a demonstration of no substantial present or potential hazard, the Department will consider:
(A) the potential adverse effects on ground water, surface water, and land quality taking into account:
1. the physical and chemical characteristics of the waste in the tank system, including its potential for migration,
2. the hydrogeological characteristics of the facility and surrounding land,
3. the potential for health risks caused by human exposure to waste constituents,
4. the potential for damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents, and
5. the persistence and permanence of the potential adverse effects;
(B) the potential adverse effects of a release on ground-water quality, taking into account:
1. the quantity and quality of ground water and the direction of ground-water flow,
2. the proximity and withdrawal rates of water in the area,
3. the current and future uses of ground water in the area, and
4. the existing quality of ground water, including other sources of contamination and their cumulative impact on the ground-water quality;
(C) the potential adverse effects of a release on surface water quality, taking into account:
1. the quantity and quality of ground water and the direction of ground-water flow,
2. the patterns of rainfall in the region,
3. the proximity of the tank system to surface waters,
4. the current and future uses of surface waters in the area and any water quality standards established for those surface waters, and
5. the existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality; and
(D) the potential adverse effects of a release on the land surrounding the tank system, taking into account:
1. the patterns of rainfall in the region, and
2. the current and future uses of the surrounding land.
(3) The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the requirements of subsection (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control (as established in the variance), shall:
(A) comply with the requirements of section 66265.196, except subsection (e); and
(B) decontaminate or remove contaminated soil to the extent necessary to:
1. enable the tank system, for which the variance was granted, to resume operation with the capability for the detection of and response to releases at least equivalent to the capability it had prior to the release, and
2. prevent the migration of hazardous waste or hazardous constituents to ground water or surface water; and
(C) if contaminated soil cannot be removed or decontaminated in accordance with subsection (g)(3)(B) of this section, comply with the requirements of section 66265.197(b);
(4) The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the requirements of subsection (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), shall:
(A) comply with the requirements of section 66265.196(a), (b), (c), (d) and  (e); and
(B) prevent the migration of hazardous waste or hazardous constituents to ground water or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed, or if ground water has been contaminated, the owner or operator shall comply with the requirements of section 66265.197(b);
(C) if repairing, replacing, or reinstalling the tank system, provide secondary containment in accordance with the requirements of subsections (a) through (f) of this section or reapply for a variance from secondary containment and meet the requirements for new tank systems in section 66265.192 if the tank system is replaced. The owner or operator shall comply with these requirements even if contaminated soil can be decontaminated or removed, and ground water or surface water has not been contaminated.
(h) The following procedures shall be followed in order to request a variance from secondary containment:
(1) The Department shall be notified in writing by the owner or operator that the facility intends to conduct and submit a demonstration for a variance from secondary containment as allowed in subsection (g) of this section at least 24 months prior to the date that secondary containment is required to be provided in accordance with subsection (a) of this section.
(2) As part of the notification, the owner or operator shall also submit to the Department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration shall address each of the factors listed in subsection (g)(1) or subsection (g)(2) of this section.
(3) The demonstration for a variance shall be completed and submitted to the Department within 180 days after notifying the Department of intent to conduct the demonstration.
(4) The Department will inform the public, through a newspaper notice, of the availability of the demonstration for a variance. The notice shall be placed in a daily or weekly major local newspaper of general circulation and shall provide at least 30 days from the date of the notice for the public to review and comment on the demonstration for a variance. The Department also will hold a public hearing, in response to a request or at the Department's own discretion, whenever such a hearing might clarify one or more issues concerning the demonstration for a variance. Public notice of the hearing will be given at least 30 days prior to the date of the hearing and may be given at the same time as notice of the opportunity for the public to review and comment on the demonstration. These two notices may be combined.
(5) The Department will approve or disapprove the request for a variance within 90 days of receipt of the demonstration from the owner or operator and will notify in writing the owner or operator and each person who submitted written comments or requested notice of the variance decision. If the demonstration for a variance is incomplete or does not include sufficient information, the 90-day time period will begin when the Department receives a complete demonstration, including all information necessary to make a final determination. If the public comment period in subsection (h)(4) of this section is extended, the 90- day time period will be similarly extended.
(i) All tank systems, until such time as secondary containment meeting the requirements of this section is provided, shall comply with the following:
(1) for non-enterable underground tanks, a leak test that meets the requirements of section 66265.191(b)(5) shall be conducted at least annually;
(2) for other than non-enterable underground tanks and for all ancillary equipment, an annual leak test, as described in paragraph (i)(1) of this section, or an internal inspection or other tank integrity examination by an independent, qualified, professional engineer, registered in California, that addresses cracks, leaks, corrosion, and erosion shall be conducted at least annually. The owner or operator shall remove the stored waste from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed.
(3) The owner or operator shall maintain on file at the facility a record of the results of the assessments conducted in accordance with subsections (i)(1) and (i)(2) of this section.
(4) If a tank system or component is found to be leaking or unfit for use as a result of the leak test or assessment in subsections (i)(1) and (i)(2) of this section, the owner or operator shall comply with the requirements of section 66265.196.
(j)(1) Notwithstanding subsections (a) through (c) of this section, secondary containment that meets the requirements of subsection (l) shall be provided for tank systems used to manage hazardous wastes generated onsite, and which meet the criteria specified in subsection (j)(2) of this section:
(A) prior to the tank system or component being placed in service for new tank systems or components; or
(B) by January 24, 1998 for existing tank systems.
(2) The provisions of subsection (j)(1) of this section apply only to:
(A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems containing RCRA hazardous wastes generated onsite, if:
1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.
(k) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(l) Secondary containment for onground or aboveground generator and onsite tier (Permit-by-Rule Conditional Authorization, and Conditional Exemption), non-RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal act, shall consist of any of the devices listed in subsection (d) and satisfy the requirements of (e) of this section or consist of any device or combination of devices as approved in writing by the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, which would satisfy the following minimum requirements:
(1) designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, surface water, or air at any time during the use of the tank system; and
(2) capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
(m) Ancillary equipment shall be provided with secondary containment as specified in subsection (f) of this section or an alternative device or devices as approved in writing by the CUPA, or Department if there is no CUPA or the Department if the CUPA requests that the Department make a determination, which would prevent and/or detect any release of wastes out of the tank system before such wastes could migrate to the soil, ground water, or surface water at any time during the use of the tank system. The following are examples of tank system and ancillary equipment secondary containment alternatives or options that may be proposed for review and approval by the CUPA:
(1) traditional containment of entire system within a bermed containment area with visual and/or electronic leak detection monitoring;
(2) troughs or pipe runs with impermeable liners that incorporate the following:
(A) visual monitoring during hours of operation or;
(B) continuous electronic leak detection monitoring for releases or;
(C) sumps located at low elevations with leak detection monitors.
(3) double-walled piping with continuous interstitial monitoring or monitoring intervals located at low elevation points along pipeline;
(4) Double-walled piping with translucent or transparent sections located at low points or low endpoints so that visual monitoring is possible.
(n) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, operating an onground or aboveground, non-RCRA tank system or a tank system otherwise exempt from permitting requirements pursuant to the federal act, that has 18 months or less remaining in service prior to planned closure of the tank system, may propose alternatives to retrofitting the tank system with secondary containment. Local agency requirements must be considered when proposing alternatives to secondary containment. The owner or operator shall provide the following information in writing to the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, so that a determination can be made whether the proposed alternative would be acceptable:
(1) name, address, and EPA identification number of the facility;
(2) date of planned closure;
(3) description of tank system to be closed and form of current authorization for the tank system;
(4) description of how the proposed alternative would provide adequate environmental protection such that the design, installation, and operation will be capable of detecting a release and preventing any migration of wastes or accumulated liquid out of the system to the soil, ground water, surface water, or air at any time during the remaining life of the tank system.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25143, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.193. 
  
 



s 66265.194. General Operating Requirements.
 (a) Hazardous wastes or treatment reagents shall not be placed in a tank system if they could cause the tank, its ancillary equipment, or the secondary containment system to rupture, leak, corrode, or otherwise fail.
(b) The owner or operator shall use appropriate controls and practices to prevent spills and overflows from tank or secondary containment systems. These include at a minimum:
(1) spill prevention controls (e.g., check valves, dry discount couplings);
(2) overfill prevention controls (e.g., level sensing devices, high level alarms, automatic feed cutoff, or bypass to a standby tank); and
(3) maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation. Uncovered tanks shall be operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system or a diversion structure (e.g., standby tank) with a capacity that equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank.
(c) The owner or operator shall comply with the requirements of section 66265.196 if a leak or spill occurs in the tank system.
(d) Transfer, treatment or storage of hazardous waste in tanks shall comply with section 66265.17(b).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.194. 
  
 



s 66265.195. Inspections.
 (a) The owner or operator shall inspect, where present, at least once each operating day:
(1) overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that it is in good working order;
(2) the aboveground portions of the tank system, if any, to detect corrosion or releases of waste;
(3) data gathered from monitoring equipment and leak-detection equipment,  (e.g., pressure and temperature gauges, monitoring wells) to ensure that the tank system is being operated according to its design;
(4) the construction materials and the area immediately surrounding the externally accessible portion of the tank system including secondary containment structures (e.g., dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead vegetation); and
(5) for uncovered tanks, the level of waste in the tank, to ensure compliance with section 66265.194(b)(3).
(b) The owner or operator shall inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly:
(1) the proper operation of the cathodic protection system shall be confirmed within six months after initial installation, and annually thereafter; and
(2) all sources of impressed current shall be inspected and/or tested, as appropriate, at least bimonthly (i.e., every other month).
(c) The owner or operator shall document in the operating record of the facility an inspection of those items in subsections (a) and (b) of this section.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.195. 
  
 



s 66265.196. Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems.
 A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall be removed from service immediately, and the owner or operator shall satisfy the following requirements.
(a) General emergency procedures. The owner or operator shall comply with applicable requirements of section 66265.56.
(b) Cessation of use; prevention of flow or addition of wastes. The owner or operator shall immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.
(c) Removal of waste from tank system or secondary containment system.
(1) If the release was from the tank system, the owner or operator shall, within 24 hours after detection of the leak or, if the owner or operator demonstrates that that is not possible, at the earliest practicable time remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.
(2) If the release was to a secondary containment system, all released materials shall be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment.
(d) Containment of visible releases to the environment. The owner or operator shall immediately conduct a visual inspection of the release and, based upon that inspection:
(1) prevent further migration of the leak or spill to soils or surface water; and
(2) remove, and properly dispose of, any visible contamination of the soil or surface water.
(e) Notifications, reports.
(1) Any release to the environment, except as provided in subsection (e)(2) of this section, shall be reported to the Department within 24 hours of detection.
(2) A leak or spill of hazardous waste is exempted from the requirements of subsection (e) of this section, but is not exempted from the requirements of section 66265.56, if it is:
(A) less than or equal to a quantity of one (1) pound, and
(B) immediately contained and cleaned-up.
(3) Within 30 days of detection of a release to the environment, a report containing the following information shall be submitted to the Department:
(A) likely route of migration of the release;
(B) characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate);
(C) results of any monitoring or sampling conducted in connection with the release, (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the Department as soon as they become available;
(D) proximity to downgradient drinking water, surface water, and population areas; and
(E) description of response actions taken or planned.
(f) Provision of secondary containment, repair, or closure.
(1) Unless the owner or operator satisfies the requirements of subsections  (f)(2) through (4) of this section, the tank system shall be closed in accordance with section 66265.197.
(2) If the cause of the release was a spill that has not damaged the integrity of the system, the owner/operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.
(3) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service.
(4) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner/operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of section 66265.193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system. If the source is an aboveground component that can be inspected visually, the component shall be repaired and may be returned to service without secondary containment as long as the requirements of subsection (g) of this section are satisfied. If a component is replaced to comply with the requirements of this subsection, that component shall satisfy the requirements for new tank systems or components in sections 66265.192 and 66265.193. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component shall be provided with secondary containment in accordance with section 66265.193 prior to being returned to use.
(g) Certification of major repairs. If the owner or operator has repaired a tank system in accordance with subsection (f) of this section, and the repair has been extensive (e.g., installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system shall not be returned to service unless the owner/operator has obtained a certification by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification shall be submitted to the Department within seven days after returning the tank system to use.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.196. 
  
 



s 66265.197. Closure and Post-Closure Care.
 (a) At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless section 66261.3(d) of this division applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems shall meet all of the requirements specified in articles 7 and 8 of this chapter.
(b) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in subsection (a) of this section, then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (section 66265.310). In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in articles 7 and 8 of this chapter.
(c) If an owner or operator has a tank system which does not have secondary containment that meets the requirements of section 66265.193(b) through (f) and which has not been granted a variance from the secondary containment requirements in accordance with section 66265.193(g), then:
(1) the closure plan for the tank system shall include both a plan for complying with subsection (a) of this section and a contingent plan for complying with subsection (b) of this section;
(2) a contingent post-closure plan for complying with subsection (b) of this section shall be prepared and submitted as part of the permit application;
(3) the cost estimates calculated for closure and post-closure care shall reflect the costs of complying with the contingent closure plan and the contingent post-closure plan, if these costs are greater than the costs of complying with the closure plan prepared for the expected closure under subsection (a) of this section;
(4) financial assurance shall be based on the cost estimates in subsection  (c)(3) of this section;
(5) for the purposes of the contingent closure and post-closure plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, post-closure, and financial responsibility requirements for landfills under articles 7 and 8 of this chapter.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.197. 
  

 



s 66265.198. Special Requirements for Ignitable or Reactive Wastes.
 (a) Ignitable or reactive waste shall not be placed in a tank system, unless:
(1) the waste is treated, rendered, or mixed before or immediately after placement in the tank system so that:
(A) the resulting waste, mixture, or dissolved material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23; and
(B) section 66265.17(b) is complied with; or
(2) the waste is transferred, stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or
(3) the tank system is used solely for emergencies.
(b) The owner or operator of a facility where ignitable or reactive waste is transferred, stored or treated in tanks shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjoining property line that can be built upon as required in Tables 2-1 through 2-6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code," (1981), (incorporated by reference, see section 66260.11).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.198. 
  
 



s 66265.199. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible waste and materials, shall not be placed in the same tank system, unless section 66265.17(b) is complied with.
(b) Hazardous waste shall not be placed in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless section 66265.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.199. 
  
 



s 66265.200. Waste Analysis and Trial Tests.
In addition to performing the waste analysis required by section 66265.13, the owner or operator shall, whenever a tank system is to be used to treat chemically or to store a hazardous waste that is substantially different from waste previously treated or stored in that tank system; or to treat chemically a hazardous waste with a substantially different process than any previously used in that tank system:
(a) conduct waste analyses and trial treatment or storage tests (e.g., bench-scale or pilot-plant scale tests); or
(b) obtain written, documented information on similar waste under similar operating conditions to show that the proposed treatment or storage will meet the requirements of sections 66265.194(a) and (d).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.200. 
  
 



s 66265.202. Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of articles 27, 28, and 28.5 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159,and 25159.5, Health and Safety Code; and 40 CFR Section 265.202. 
  
 



s 66265.220. Applicability.
The regulations in this article apply to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste, except as section 66265.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.220. 
  
 



s 66265.221. Design Requirements.
 (a) The owner or operator of each new surface impoundment unit on which construction commences after January 29, 1992, each lateral expansion of a surface impoundment unit on which construction commences after July 29, 1992, and each replacement of an existing surface impoundment unit that is to commence reuse after July 29, 1992 shall install two or more liners and a leachate collection and removal system between such liners, and operate the leachate collection and removal system, in accordance with section 66264.221(c), unless exempted under section 66264.221(f) or (g) of this chapter. The requirements of this subsection shall not apply to surface impoundment units receiving only non-RCRA hazardous until February 18, 1996. "Construction commences" is as defined in section 66260.10 of this chapter under "existing facility."
(b) The owner or operator of each unit referred to in subsection (a) of this section shall notify the Department at least sixty (60) days prior to receiving waste. The owner or operator of each facility submitting notice shall file a Part B application within six months of the receipt of such notice.
(c) The owner or operator of any replacement surface impoundment unit is exempt from subsection (a) of this section if:
(1) The existing unit was constructed in compliance with the design standards of 42 USC section 6924(o)(1)(A)(i) and 42 USC section 6924(o)(5); and
(2) There is evidence to believe that the liner is functioning as designed.
(d) The double liner requirement set forth in subsection (a) of this section may be waived by the Department for any monofill, if:
(1) the monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than exceeding the soluble threshold limit concentration as described in section 66261.24; and
(2)(A) 1. the monofill has at least one liner for which there is no evidence that such liner is leaking. For the purposes of this paragraph the term "liner" means a liner designed, constructed, installed and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, groundwater or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of subsection (a) of this section on the basis of a liner designed, constructed, installed and operated to prevent hazardous waste from passing beyond the liner, at the closure of such impoundment the owner or operator must remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner of operator of such impoundment must comply with appropriate postclosure requirements, including but not limited to ground-water monitoring and corrective action;
2. the monofill is located more than one-quarter mile from an underground source of drinking water as defined in section 66260.10; and
3. the monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with permits; or
(B) the owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time.
(e) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of subsection (a) of this section and in good faith compliance with subsection (a) of this section no liner or leachate collection system which is different from that which was so installed pursuant to subsection (a) of this section will be required for such unit by the Department when issuing the first permit to such facility, except that the Department will not be precluded from requiring installation of a new liner when the Department has reason to believe that any liner installed pursuant to the requirements of subsection (a) of this section is leaking.
(f) A surface impoundment shall maintain enough freeboard to prevent any overtopping of the dike by overfilling, wave action, or a storm. Except as provided in subsection (b) of this section, there shall be at least 2 feet (60 cm) of freeboard.
(g) A freeboard level of less than 2 feet (60 cm) may be maintained if the owner or operator obtains certification by a qualified engineer, registered in California, that alternative design features or operating plans will, to the best of the engineer's knowledge and opinion, prevent overtopping of the dike. The certification along with a written identification of alternate design features or operating plans preventing overtopping, shall be maintained at the facility.
(h) Surface impoundments that are newly subject to RCRA section 3005(j)(1) ( 42 U.S.C. section 6925(j)(1)) due to the promulgation of additional listings or characteristics for the identification of hazardous waste shall be in compliance with subsections (a), (c) and (d) of this section not later than 48 months after the promulgation of the additional listing or characteristic. This compliance period shall be consistent with health and safety code, division 20, article 9.5 and shall not be cut short as the result of the promulgation of land disposal prohibitions under Chapter 18 or the granting of an extension to the effective date of a prohibition pursuant to section 66268.5, within this 48-month period.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code.  Reference: Sections 25159, 25159.5 and 25208.5, Health and Safety Code; and 40 CFR Section 265.221. 
  
 



s 66265.222. Action Leakage Rate.
 (a) The owner or operator of surface impoundment units subject to section 66265.221(a) shall submit a proposed action leakage rate to the Department when submitting the notice required under section 66265.221(b). The Department will establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this section.
(b) The Department shall approve an action leakage rate for surface impoundment units subject to section 66265.221(a). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any given portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under section 66265.226(b), to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and if the unit closes in accordance with section 66265.228(a)(2), monthly during the post-closure care period when monthly monitoring is required under section 66265.226(b).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.222. 
  
 



s 66265.223. Containment System.
All earthen dikes shall have a protective cover, such as grass, shale, or rock to minimize wind and water erosion and to preserve their structural integrity.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.223. 
  
 



s 66265.224. Response Actions.
 (a) The owner or operator of surface impoundment units subject to section 66265.221(a) shall submit a response action plan to the Department when submitting the proposed action leakage rate under section 66265.222. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3),  (4), and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible locations of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.224. 
  
 



s 66265.225. Waste Analysis and Trial Tests.
 (a) In addition to the waste analyses required by section 66265.13, whenever a surface impoundment is to be used to:
(1) chemically treat a hazardous waste which is substantially different from waste previously treated in that impoundment; or
(2) chemically treat hazardous waste with a substantially different process than any previously used in that impoundment; the owner or operator shall, before treating the different waste or using the different process:
(A) conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant scale tests); or
(B) obtain written, documented information on similar treatment of similar waste under similar operating conditions; to show that this treatment will comply with section 66265.17(b).
(b) As required by section 66265.13, the waste analysis plan shall include analyses needed to comply with sections 66265.229 and 66265.230. As required by section 66265.73, the owner or operator must place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.225. 
  

 



s 66265.226. Monitoring and Inspection.
 (a) The owner or operator shall inspect:
(1) the freeboard level at least once each operating day to ensure compliance with section 66265.222, and
(2) the surface impoundment, including dikes and vegetation surrounding the dike, at least once a week to detect any leaks, deterioration, or failures in the impoundment.
(b)(1) An owner or operator required to have a leak detection system under section 66265.221(a) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
(2) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
(3) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Department based on pump activation level, sump dimensions, and level that avoids backup into drainage layer and minimizes head in the sump. The timing for submission and approval of the proposed "pump operating level" will be in accordance with section 66265.222(a).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.226. 
  
 



s 66265.228. Closure and Postclosure Care.
 (a) At closure, the owner or operator shall:
(1) remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 66261.3(d) applies; or
(2) close the impoundment and provide postclosure care for a landfill under article 7 and section 66265.310 of this chapter, including the following:
(A) eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;
(B) stabilize remaining wastes to a bearing capacity sufficient to support the final cover; and
(C) cover the surface impoundment with a final cover designed and constructed to:
1. minimize the downward entry of water into the closed impoundment throughout a period of at least 100 years;
2. function with minimum maintenance;
3. promote drainage and minimize erosion or abrasion of the cover;
4. accommodate settling and subsidence so that the cover's integrity is maintained;
5. have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present;
6. accommodate lateral and vertical shear forces generated by the maximum credible earthquake so that the integrity of the cover is maintained;
7. preclude ponding of rainfall and surface run-on over the closed area; and
8. conform to the provisions of subsection (e) through (r) of section 66264.228, except that the Department shall grant a variance from any requirement which the owner or operator demonstrates to the satisfaction of the Department is not necessary to protect public health, water quality or other environmental quality.
(b) In addition to the requirements of article 7 and section 66265.310 of this chapter, during the postclosure care period, the owner or operator of a surface impoundment in which wastes, waste residues or contaminated materials remain after closure in accordance with the provisions of subsection (a)(2) of this section shall:
(1) maintain the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion or other events;
(2) maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of article 6 of chapter 14;
(3) prevent run-on and run-off from eroding or otherwise damaging the final cover, and
(4) maintain and monitor the leak detection system in accordance with sections 66265.221(c)(2)(D) and (c)(3) of this chapter and 66265.226(b) and comply with all other applicable and leak detection system requirements of this part.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.228. 
  
 



s 66265.229. Special Requirements for Ignitable or Reactive Waste.
Ignitable or reactive waste shall not be placed in a surface impoundment unless the waste and the impoundment satisfy all applicable requirements of chapter 18 of this division, and:
(a) the waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and
(2) section 66265.17(b) is complied with; or
(b)(1) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react; and
(2) the owner or operator obtains a certification from a qualified chemist or engineer, registered in California that to the best of the chemist's or engineer's knowledge and opinion, the design features or operating plans of the facility will prevent ignition or reaction; and
(3) the certification and the basis for it are maintained at the facility; or
(c) the surface impoundment is used solely for emergencies.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.229. 
  
 



s 66265.230. Special Requirements for Incompatible Wastes.
Incompatible wastes, or incompatible wastes and materials, (see Appendix V for examples) shall not be placed in the same surface impoundment, unless section 66265.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.230. 
  
 



s 66265.231. Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of articles 28 and 28.5 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.231. 
  
 



s 66265.250. Applicability.
The regulations in this article apply to owners and operators of facilities that treat or store hazardous waste in piles, except as section 66265.1 provides otherwise. Alternatively, a pile of hazardous waste may be managed as a landfill under article 14.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.250. 
  
 



s 66265.251. Protection from Wind.
The owner or operator of a pile containing hazardous waste which could be subject to dispersal by wind shall cover or otherwise manage the pile so that wind dispersal is controlled.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.251. 
  
 



s 66265.252. Waste Analysis.
 (a) In addition to the waste analyses required by section 66265.13, the owner or operator shall analyze a representative sample of waste from each incoming movement before adding the waste to any existing pile, unless (1) The only wastes the facility receives which are amenable to piling are compatible with each other, or (2) the waste received is compatible with the waste in the pile to which it is to be added. The analysis conducted shall be capable of differentiating between the types of hazardous waste the owner or operator places in piles, so that mixing of incompatible waste does not inadvertently occur. The analysis shall include a visual comparison of color and texture.
(b) As required by section 66265.13 of this chapter, the waste analysis plan shall include analyses needed to comply with sections 66265.256 and 66265.257. As required by section 66265.73, the owner or operator shall place the results of this analysis in the operating record of the facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.252. 
  
 



s 66265.253. Containment.
If leachate or run-off from a pile is a hazardous waste, then either:
(a)(1) the pile shall be placed on an impermeable base that is compatible with the waste under the conditions of treatment or storage;
(2) the owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 25-year storm;
(3) the owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm; and
(4) collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously to maintain design capacity of the system; or
(b)(1) the pile shall be protected from precipitation and run-on by some other means; and
(2) no liquids or wastes containing free liquids shall be placed in the pile.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.253. 
  
 



s 66265.254. Design and Operating Requirements.
 (a) The owner or operator of each new waste pile handling RCRA hazardous waste on which construction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each such replacement of an existing waste pile unit that is to commence reuse after July 29, 1992 shall install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with section 66264.251(c), unless exempted under section 66264.251(l), (m), or (n), of this chapter; and shall comply with the procedures of section 66265.221(b). "Construction commences" is as defined in section 66260.10 of this chapter under "existing facility".
(b) The owner or operator of each new waste pile handling only non-RCRA hazardous waste on which construction commences after February 18, 1996, each lateral expansion of a waste pile unit on which construction commences after February 18, 1996, and each such replacement of an existing waste pile unit that is to commence reuse after February 18, 1996 shall install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with section 66264.251(c), unless exempted under section 66264.251(l), (m) or (n) of this chapter; and shall comply with the procedures of section 66265.221(b). "Construction commences" is as defined in section 66260.10 of this chapter under "existing facility".
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.254. 
  

 



s 66265.255. Action Leakage Rates.
 (a) The owner or operator of waste pile units subject to section 66265.254 shall submit a proposed action leakage rate to the Department when submitting the notice required under section 66265.254. The Department will establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this section.
(b) The Department shall approve an action leakage rate for waste pile units subject to section 66265.254. The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any govern portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly flow rate from the monitoring data obtained under section 66265.260, to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.255. 
  
 



s 66265.256. Special Requirements for Ignitable or Reactive Waste.
 (a) Ignitable or reactive wastes shall not be placed in a pile, unless the waste and pile satisfy all applicable requirements of chapter 18 of this division, and:
(1) addition of the waste to an existing pile (A) results in the waste or mixture no longer meeting the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter, and (B) complies with section 66265.17(b); or
(2) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.256. 
  
 



s 66265.257. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible wastes and materials, (see Appendix V for examples) shall not be placed in the same pile, unless section 66265.17(b) is complied with.
(b) A pile of hazardous waste that is incompatible with any waste or other material stored nearby in other containers, piles, open tanks, or surface impoundments shall be separated from the other materials, or protected from them by means of a dike, berm, wall, or other device.
(c) Hazardous waste shall not be piled on the same area where incompatible wastes or materials were previously piled, unless that area has been decontaminated sufficiently to ensure compliance with section 66265.17(b).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.257. 
  
 



s 66265.258. Closure and Post-Closure Care.
 (a) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless 66261.3(d) of this chapter applies; or
(b) if, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subsection (a) of this section, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills (section 66265.310).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.258. 
  
 



s 66265.259. Response Actions.
 (a) The owner or operator of waste pile units subject to section 66265.254 shall submit a response action plan to the Department when submitting the proposed action leakage rate under section 66265.255. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak determination system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipts should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4) and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3),  (4) and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.259. 
  
 



s 66265.260. Monitoring and Inspection.
An owner or operator required to have a leak detection system under section 66265.254 shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.260. 
  
 



s 66265.270. Applicability.
The regulations in this article apply to owners and operators of hazardous waste land treatment facilities, except as section 66265.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.270. 
  
 



s 66265.272. General Operating Requirements.
 (a) Hazardous waste shall not be placed in or on a land treatment facility unless the waste can be made less hazardous or nonhazardous by degradation, transformation, or immobilization processes occurring in or on the soil.
(b) The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portions of the facility during peak discharge from at least a 25-year storm.
(c) The owner or operator shall design, construct, operate, and maintain a run-off management system capable of collecting, controlling and managing a water volume at least equivalent to a 24-hour, 25-year storm.
(d) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(e) If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator shall manage the unit to control wind dispersal.
(f)(1) Unless granted a variance pursuant to subsection (f)(2) of this section, or exempted pursuant to subsection (h) of this section, every new land treatment unit at a new or existing facility, every land treatment unit which replaces an existing land treatment unit, and every laterally expanded portion of an existing land treatment unit is required to be equipped with two or more liners and a leachate collection system meeting the requirements established in section 66264.301(c) for new landfills.
(2) The Department shall grant a variance from the requirements of subsection  (f)(1) or subsection (9) of this section if the owner or operator demonstrates to the Department and the Department finds all of the following:
(A) the land treatment unit was an existing land treatment unit as of January 1, 1988, and no hazardous constituents identified in Appendix VIII to chapter 11 of this division have migrated from the treatment zone of the land treatment unit into the vadose zone or into the waters of the State, and no other hazardous constituents have migrated from the land treatment unit into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or the waters of the State. In making this demonstration the owner or operator shall take a sufficient number of core samples in, beneath and surrounding the treatment zone of the land treatment unit to characterize the chemical constituents in the treatment zone, in the immediate area of the vadose zone surrounding the treatment zone, and in the area of the vadose zone beneath the treatment zone and shall submit ground water monitoring data sufficient in scope to demonstrate that there has been no migration of hazardous constituents in the vadose zone or into the waters of the State. The owner or operator, as an alternative to taking these core samples, may use the data obtained from any land treatment demonstration required by the department pursuant to section 66264.272 if the data were obtained not more than two years prior to the application for the variance and were sufficient in scope to demonstrate that there has been no migration of hazardous constituents into the vadose zone or into the waters of the state;
(B) notwithstanding the date that the land treatment unit commenced operations, the design and operating practices will prevent the migration of hazardous constituents identified in Appendix VIII to chapter 11 of this division from the treatment zone of the land treatment unit into the vadose zone or into the waters of the state and no other hazardous constituents have migrated from the land treatment unit into the vadose zone or into the waters of the state in concentrations which pollute or threaten to pollute the vadose zone or the waters of the state;
(C) notwithstanding the date that the land treatment unit commenced operations, the design and operating practices provide for rapid detection and removal or remediation of any hazardous constituents that migrate from the treatment zone of the land treatment unit into the vadose zone or the waters of the state in concentrations that pollute or threaten to pollute the vadose zone or the waters of the state.
(3)(A) The Department shall renew a variance only in those cases where an owner or operator demonstrates to the Department and the Department finds, both of the following:
1. no hazardous constituents have migrated from the treatment zone of the land treatment unit into the vadose zone or into the waters of the state in concentrations which pollute or threaten to pollute the vadose zone or the waters of the state;
2. continuing the operation of the land treatment unit does not pose a significant threat of hazardous constituents migrating from the land treatment unit into the vadose zone or into the waters of the state in concentrations which pollute or threaten to pollute the vadose zone or the waters of the state.
(B) In making the demonstration for the renewal of a variance pursuant to this subsection, the owner or operator may use field tests, laboratory analysis, or operating data.
(4) A variance or a renewal of a variance may be issued for a period not to exceed three years.
(5) Neither the requirements of this section nor the variance provisions of subsection (f)(2) shall relieve the owner or operator from responsibility to comply with all other existing laws and regulations pertinent to land treatment units.
(g) Unless granted a variance pursuant to subsection (f)(2) or exempted under subsection (h) of this section, after January 1, 1990, no person shall discharge hazardous waste into a land treatment unit which has not been equipped with liners and a leachate collection and removal system which satisfy the requirements of subsection (f)(1) of this section.
(h) Land treatment of soil contaminated only with non-RCRA hazardous waste which has been excavated as part of a removal or remedial action at any hazardous substance release site is exempt from the requirements of subsection (f) of this section if all of the following apply:
(1) the Department determines that the land treatment does not pose a threat to public health or safety or the environment;
(2) the land treatment is conducted pursuant to a plan approved by the Department or a cleanup and abatement order issued by a regional water quality control board;
(3) the land treatment is not conducted at an offsite commercial facility;
(4) the land treatment is used only for purposes of removal or remedial action and, upon completion of the land treatment portion of the removal or remedial action, the land treatment unit is closed.
(i) For purposes of this section, the terms "removal," "remedial action,"  "hazardous substance" and "release" shall be defined in accordance with article 2 (commencing with section 25310) of chapter 6.8 division 20 of the Health and Safety Code.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25209.2, 25209.3 and 25209.5, Health and Safety Code; 40 CFR Section 265.272. 
  
 



s 66265.273. Waste Analysis.
 (a) In addition to the waste analyses required by section 66265.13, before placing a hazardous waste in or on a land treatment facility, the owner or operator shall:
(1) determine the concentrations in the waste of any substances which equal or exceed the maximum concentrations contained in section 66261.24, that cause a waste to exhibit the toxicity characteristic; and
(2) for any waste listed in article 4 of chapter 11 of this division, determine the concentrations of any substances which caused the waste to be listed as a hazardous waste.
(B) Chapter 11 of this division specifies the substances for which a waste is listed as a hazardous waste. As required by section 66265.13, the waste analysis plan shall include analyses needed to comply with sections 66265.281 and 66265.282. As required by section 66265.73, the owner or operator shall place the results from each waste analysis, or the documented information, in the operating record of the facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.273. 
  
 



s 66265.276. Food Chain Crops.
 (a) An owner or operator of a hazardous waste land treatment facility on which food chain crops are being grown, or have been grown and will be grown in the future, shall notify the Department within 60 days after July 1, 1991.
(b)(1) Food chain crops shall not be grown on the treated area of a hazardous waste land treatment facility unless the owner or operator can demonstrate, based on field testing, that any arsenic, lead, mercury or other constituents identified under section 66265.273(b):
(A) will not be transferred to the food portion of the crop by plant uptake or direct contact, and will not otherwise be ingested by food chain animals (e.g., by grazing); or
(B) will not occur in greater concentrations in the crops grown on the land treatment facility than in the same crops grown on untreated soils under similar conditions in the same region.
(2) The information necessary to make the demonstration required by subsection  (b)(1) of this section must be kept at the facility and must, at a minimum:
(A) be based on tests for the specific waste and application rates being used at the facility; and
(B) include descriptions of crop and soil characteristics, sample selection criteria, sample size determination, analytical methods and statistical procedures.
(c) Food chain crops shall not be grown on a land treatment facility receiving waste that contains cadmium unless all requirements of subsections (c)(1)(A) through (C) of this section or all requirements of subsections (c)(2)(A) through (D) of this section are met.
(1)(A) The pH of the waste and soil mixture is 6.5 or greater at the time of each waste application, except for waste containing cadmium at concentrations of 2 mg/kg (dry weight) or less.
(B) The annual application of cadmium from waste does not exceed 0.5 kilograms per hectare (kg/ha) on land used for production of tobacco, leafy vegetables or root crops grown for human consumption. For other food chain crops, the annual cadmium application rate does not exceed:
                                       Annual Cd
             Time Period               Application
                                       Rate (kg/ha)
Present to June 30, 1984.............  2.0
                                       2.0
July 1, 1984 to December 31, 1986....  1.25
Beginning January 1, 1987............  0.5

 
(C) The cumulative application of cadmium from waste does not exceed the levels in either paragraph (c)(1)(C) 1. or 2. of this section.
1.
                                   Maximum Cumulative
                                  Application (kg/ha)
Soil Caption Exchange Capacity
(meq/100g)                      Back         Back
                                ground Soil  ground Soil
                                pH Less      pH Greater
                                Than 6.5     Than 6.5
 Less than 5..................  5            5
5 to 15.......................  5            10
Greater than 15...............  5            20
 
2. For soils with a background pH of less than 6.5, the cumulative cadmium application rate does not exceed the levels below; provided, that the pH of the waste and soil mixture is adjusted to and maintained at 6.5 or greater whenever food chain crops are grown.
                                           Maximum
Soil Caption Exchange Capacity (meq/100g)  Cumulative
                                           Application
                                           (kg/ha)
 Less than 5 ............................  5
5 to 15 .................................  10
Greater than 15 .........................  20
 
(2)(A) The only food chain crop produced is animal feed.
(B) The pH of the waste and soil mixture is 6.5 or greater at the time of waste application or at the time the crop is planted, whichever occurs later and this pH level is maintained whenever food chain crops are grown.
(C) There is a facility operating plan which demonstrates how the animal feed will be distributed to preclude ingestion by humans. The facility operating plan describes the measures to be taken to safeguard against possible health hazards from cadmium entering the food chain, which may result from alternative land uses.
(D) Future property owners are notified by a stipulation in the land record or property deed which states that the property has received waste at high cadmium application rates and that food chain crops must not be grown except in compliance with paragraph (c)(2) of this section.
(d) As required by section 66265.73, if an owner or operator grows food chain crops on his land treatment facility, he shall place the information developed in this section in the operating record of the facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.276. 
  
 



s 66265.278. Vadose Zone (Zone of Aeration) Monitoring.
 (a) The owner or operator shall have in writing, and shall implement, a vadose zone monitoring plan which is designed to:
(1) detect the vertical migration of hazardous waste and hazardous waste constituents under the active portion of the land treatment facility, and
(2) provide information on the background concentrations of the hazardous waste and hazardous waste constituents in similar but untreated soils nearby; this background monitoring shall be conducted before or in conjunction with the monitoring required under subsection (a)(1) of this section.
(b) The vadose zone monitoring plan shall include, at a minimum:
(1) soil monitoring using soil cores, and
(2) soil-pore water monitoring using devices such as lysimeters.
(c) To comply with subsection (a)(1) of this section, the owner or operator shall demonstrate in the vadose zone monitoring plan that:
(1) the depth at which soil and soil-pore water samples are to be taken is below the depth to which the waste is incorporated into the soil:
(2) the number of soil and soil-pore water samples to be taken is based on the variability of:
(A) the hazardous waste constituents (as identified in sections 66265.273(a) and (b) in the waste and in the soil; and
(B) the soil type(s); and
(3) the frequency and timing of soil and soil-pore water sampling is based on the frequency, time, and rate of waste application, proximity to ground water, and soil permeability.
(d) The owner or operator shall keep at the facility his vadose zone monitoring plan, and the rationale used in developing this plan.
(e) The owner or operator shall analyze the soil and soil-pore water samples for the hazardous waste constituents that were found in the waste during the waste analysis under sections 66265.273(a) and (b).
(f) As required by section 66265.73, all data and information developed by the owner or operator under this section shall be placed in the operating record of the facility.
(g) Except as provided in section 66265.272(h) no person shall place or dispose of hazardous waste in a land treatment unit if any of the following conditions exist:
(1) hazardous constituents have migrated from the land treatment unit into the vadose zone beneath or surrounding the treatment zone or into the waters beneath or surrounding the treatment zone;
(2) there is evidence that a hazardous constituent in the waste discharged to the land treatment unit has not been or will not be completely degraded, transformed or immobilized in the treatment zone;
(3) there is a significant potential for hazardous constituents to migrate from the land treatment unit into a potential source of drinking water.
(h) The owner or operator shall periodically, at the request of the Department, and at least annually, submit information required by the Department to assure that the conditions set forth in subsections (g)(1) and (g)(2) of this section are not present. The information to be submitted to the Department to demonstrate compliance with subsection (g) of this section shall include, but is not limited to, a sufficient number of soil core samples in, beneath, and surrounding the treatment zone of the land treatment unit to detect any constituents of concern.
(i) If the owner or operator determines pursuant to subsection (a) of this section, that there has been a statistically significant increase in the concentration of a hazardous constituent below the treatment zone, or that either of the conditions set forth in subsections (g)(1) or (g)(2) of this section are detected and confirmed, or that conditions exist that render the owner or operator unable to continue to satisfy the variance requirements of section 66265.272(f)(2), the owner or operator shall, within 72 hours, report to the Department describing the full extent of the owner's or operator's findings, including the identification of all constituents which have shown a statistically significant increase.
(j) Upon receiving notice pursuant to subsection (i) of this section, or upon independent confirmation by the Department, the Department shall order the owner or operator to cease operating the land treatment unit. The owner or operator shall not resume operating the land treatment unit and shall close the land treatment unit unless one of the following actions is taken:
(1) the owner or operator completes appropriate removal or remedial actions to the satisfaction of the Department, and the owner or operator submits to the Department, and the Department approves, an application for a permit or a variance modification to modify the operating practices at the facility to maximize the success of degradation, immobilization, or transformation processes in the treatment zone; or
(2) the owner or operator completes appropriate removal or remedial actions, submits to the Department, and the Department approves, an application for a permit or a variance modification to modify the operating practices at the facility to maximize the success of degradation, immobilization, or transformation processes in the treatment zone, and equips the land treatment unit with liners, and a leachate collection and removal system that satisfy the requirements of section 66265.272(f)(1).
(k) All actions taken by an owner or operator pursuant to subsections (j)(1) or (j)(2) of this section shall be completed within a time period specified by the Department, which shall not exceed 18 months after the Department receives notice pursuant to subsection (i) of this section. If the actions are not completed within this time period, the land treatment unit shall be closed, unless granted an extension by the Department due to exceptional circumstances beyond the control of the owner and operator.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25209.4, Health and Safety Code; 40 CFR Section 265.278. 
  
 



s 66265.279. Recordkeeping.
The owner or operator shall include hazardous waste application dates and rates in the operating record required under section 66265.73.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.279. 
  
 



s 66265.280. Closure and Post-Closure.
 (a) In the closure plan under section 66265.112 and the post-closure plan under section 66265.118, the owner or operator shall address the following objectives and indicate how they will be achieved:
(1) prevention of the migration of hazardous waste and hazardous waste constituents from the treated area into the ground water;
(2) prevention of the release of contaminated run-off from the facility into surface water;
(3) prevention of the release of airborne particulate contaminants caused by wind erosion; and
(4) compliance with section 66265.276 concerning the growth of food-chain crops.
(b) The owner or operator shall consider at least the following factors in addressing the closure and post-closure care objectives of subsection (a) of this section:
(1) type and amount of hazardous waste and hazardous waste constituents applied to the land treatment facility;
(2) the mobility and the expected rate of migration of the hazardous waste and hazardous waste constituents;
(3) site location, topography, and surrounding land use, with respect to the potential effects of pollutant migration (e.g., proximity to ground water, surface water and drinking water sources);
(4) climate, including amount, frequency, and pH of precipitation;
(5) geological and soil profiles and surface and subsurface hydrology of the site, and soil characteristics, including cation exchange capacity, total organic carbon, and pH;
(6) vadose zone monitoring information obtained under section 66265.278; and
(7) type, concentration, and depth of migration of hazardous waste constituents in the soil as compared to their background concentrations.
(c) The owner or operator shall consider at least the following methods in addressing the closure and post-closure care objectives of subsection (a) of this section:
(1) removal of contaminated soils;
(2) placement of a final cover, considering:
(A) functions of the cover (e.g., infiltration control, erosion and run-off control, and wind erosion control); and
(B) characteristics of the cover, including material, final surface contours, thickness, porosity and permeability, slope, length of run of slope, and type of vegetation on the cover; and
(3) monitoring of ground water.
(d) In addition to the requirements of article 7 of this chapter, during the closure period the owner or operator of a land treatment facility shall:
(1) continue vadose zone monitoring in a manner and frequency specified in the closure plan, except that soil pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone;
(2) maintain the run-on control system required under section 66265.272(b);
(3) maintain the run-off management system required under section 66265.272(c); and
(4) control wind dispersal of particulate matter which may be subject to wind dispersal.
(e) For the purpose of complying with section 66265.115, when closure is completed the owner or operator may submit to the Department certification both by the owner or operator and by an independent qualified soil scientist, or an independent California Certified Engineering Geologist, in lieu of an independent California registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan.
(f) In addition to the requirements of section 66265.117, during the post-closure care period the owner or operator of a land treatment unit shall:
(1) continue soil-core monitoring by collecting and analyzing samples in a manner and frequency specified in the post-closure plan;
(2) restrict access to the unit as appropriate for its post-closure use;
(3) control wind dispersal of hazardous waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.280. 
  
 



s 66265.281. Special Requirements for Ignitable or Reactive Waste.
The owner or operator shall not apply ignitable or reactive waste to the treatment zone unless the waste and treatment zone meet all applicable requirements of chapter 18 of this division, and:
(a) the waste is immediately incorporated into the soil so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and
(2) section 66264.17(b) is complied with; or
(b) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.281. 
  
 



s 66265.282. Special Requirements for Incompatible Wastes.
Incompatible wastes, or incompatible wastes and materials (see Appendix V for examples), shall not be placed in the same land treatment area, unless section 66265.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.282. 
  
 



s 66265.300. Applicability.
The regulations in this article apply to owners and operators of facilities that dispose of hazardous waste in landfills, except as section 66265.1 provides otherwise. A waste pile used as a disposal facility is a landfill and is governed by this article.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.300. 
  
 



s 66265.301. Design and Operating Requirements.
 (a) The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an existing landfill unit that is to commence reuse after July 29, 1992 shall install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with section 66264.301(d) or (e), of this chapter. The requirements of this subsection shall not apply to landfill units receiving only non-RCRA hazardous waste until February 18, 1996. "Construction commences" is as defined in section 66260.10 of this chapter under "existing facility".
(b) The owner or operator of each unit referred to in subsection (a) of this section shall notify the Department at least sixty days prior to receiving waste. The owner or operator of each facility submitting notice shall file a Part B application within six months of the receipt of such notice.
(c) The owner or operator of any replacement landfill unit is exempt from subsection (a) of this section if:
(1) The existing unit was constructed in compliance with the design standards of 42 USC section 6924(o)(1)(A)(i) and 42 USC section 6924(o)(5); and
(2) There is evidence to believe that the liner is functioning as designed.
(d) The double liner requirement set forth in subsection (a) of this section may be waived by the Department for any monofill, if:
(1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than exceeding the soluble threshold limit concentration as described in section 66261.24(a)(2) for non-RCRA hazardous wastes or the characteristic of toxicity as set forth in section 66261.24(a)(1) for wastes with hazardous wastes numbers D004 through D017 for RCRA hazardous wastes; and
(2)(A) 1. . . . the monofill has at least one liner for which there is no evidence that such liner is leaking;
2. the monofill is located more than one-quarter mile from an underground source of drinking water as defined in section 66260.10; and
3. the monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with hazardous waste facility permits; or
(B) the owner or operator demonstrates to the satisfaction of the Department that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.
(e) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of subsection (a) of this section, and in good faith compliance with subsection (a) of this section no liner or leachate collection system which is different from that which was so installed pursuant to subsection (a) of this section will be required for such unit by the Department when issuing the first permit to such facility, except that the Department will not be precluded from requiring installation of a new liner when the Department has reason to believe that any liner installed pursuant to the requirements of subsection (a) of this section is leaking.
(f) The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.
(g) The owner or operator shall design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
(h) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(i) The owner or operator of a landfill containing hazardous waste which is subject to dispersal by wind shall cover or otherwise manage the landfill so that wind dispersal of the hazardous waste is controlled.
(j) As required by section 66265.13, the waste analysis plan must include analyses to comply with sections 66265.312, 66265.313 and 6265.314. As required by section 66265.73, the owner or operator shall place the results of these analyses in the operating record of the facility.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.301. 
  
 



s 66265.302. Action Leakage Rate.
 (a) The owner or operator of landfill units subject to section 66265.301(a) shall submit a proposed action leakage rate to the Department when submitting the notice required under section 66265.301(b). The Department will establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this section.
(b) The Department shall approve an action leakage rate for landfill units subject to section 66265.301(a). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any given portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under section 66265.304 to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and monthly during the post-closure care period when monthly monitoring is required under section 66265.304(b).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor' s Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.302. 
  
 



s 66265.303. Response Actions.
 (a) The owner or operator of landfill units subject to section 66265.301(a) shall submit a response action plan to the Department when submitting the proposed action leakage rate under section 66265.302. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4) and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3),  (4) and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor' s Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.303. 
  
 



s 66265.304. Monitoring and Inspection.
 (a) An owner or operator required to have a leak detection system under section 66265.301(a) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
(b) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
(c) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Department based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump. The timing for submission and approval of the proposed "pump operating level" will be in accordance with Section 66265.302(a).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor' s Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.304. 
  

 



s 66265.309. Surveying and Recordkeeping.
The owner or operator of a landfill shall maintain the following items in the operating record required in section 66265.73:
(a) on a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks with horizontal and vertical controls; and
(b) the contents of each cell and the approximate location of each hazardous waste type within each cell.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.309. 
  
 



s 66265.310. Closure and Postclosure Care.
 (a) At final closure of the landfill or upon closure of any cell, the owner or operator shall cover the landfill or cell with a final cover designed and constructed to:
(1) prevent the downward entry of water into the closed landfill throughout a period of at least 100 years;
(2) function with minimum maintenance;
(3) promote drainage and minimize erosion or abrasion of the cover;
(4) accommodate settling and subsidence so that the cover's integrity is maintained;
(5) have a permeability less than the permeability of any bottom liner system or natural subsoils present;
(6) accommodate lateral and vertical shear forces generated by the maximum credible earthquake so that the integrity of the cover is maintained;
(7) preclude ponding of rainfall, surface run-off or run-on over the closed area;
(8) conform to the provisions of subsections (e) through (r) of section 66264.228, except that the Department shall grant a variance from any requirement of subsections (e) through (r) which the owner or operator demonstrates to the satisfaction of the Department is not necessary to protect public health, water quality or other environmental quality.
(b) After final closure, the owner or operator shall comply with all postclosure requirements contained in sections 66265.117 through 66265.120 including maintenance and monitoring throughout the postclosure care period. The owner or operator shall:
(1) close the facility in a manner that will minimize any chance of postclosure release of hazardous waste or discarded hazardous material; facilitate postclosure maintenance, monitoring and emergency response; and require minimum maintenance of containment structures, leachate collection systems and surface drainage collection or diversion systems;
(2) maintain the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion or other events;
(3) maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of article 6 of chapter 14;
(4) prevent run-on and run-off from eroding or otherwise damaging the final cover;
(5) protect and maintain surveyed benchmarks used in complying with section 66265.309; and
(6) maintain and monitor the leak detection system in accordance with Sections 66264.301(c)(3)(D) and (c)(4) of this chapter and 66265.304(b), and comply with all other applicable leak detection system requirements of this part;
(c) If liquid has been disposed of at the site in containers, in bulk or in a moist semisolid that will drain when the weight of overburden is applied, the owner or operator shall do one of the following before closing the facility:
(1) demonstrate to the satisfaction of the department that incompatible wastes do not commingle and that nongaseous constituents of waste cannot migrate from the site; or
(2) provide measures to prevent incompatible waste from mixing after closure and to prevent migration of nongaseous waste constituents from the site after closure.
(d) The owner or operator shall consider at least the following factors in addressing the closure and postclosure care objectives of subsection (a) of this section:
(1) type and amount of hazardous waste and hazardous waste constituents in the landfill;
(2) the mobility and the expected rate of migration of the hazardous waste and hazardous waste constituents;
(3) site location, topography and surrounding land use, with respect to the potential effects of pollutant migration (e.g., proximity to groundwater, surface water and drinking water sources);
(4) climate, including amount, frequency and pH of precipitation;
(5) characteristics of the cover, including material, final surface contours, thickness, porosity and permeability, slope, length of run of slope and type of vegetation on the cover; and
(6) geological and soil profiles and surface and subsurface hydrology of the site.
(e) In addition to the requirements of section 66265.117, during the postclosure care period, the owner or operator of a hazardous waste landfill shall:
(1) maintain the function and integrity of the final cover as specified in the approved closure plan;
(2) maintain and monitor the leachate collection, removal and treatment system  (if there is one present in the landfill) to prevent excess accumulation of leachate in the system;
(3) maintain and monitor the gas collection and control system (if there is one present in the landfill) to control the vertical and horizontal escape of gases;
(4) protect and maintain surveyed benchmarks; and
(5) restrict access to the landfill as appropriate for its postclosure use.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.310. 
  
 



s 66265.312. Special Requirements for Ignitable or Reactive Waste.
 (a) Except as provided in subsection (b) of this section, and in section 66265.316, ignitable or reactive waste shall not be placed in a landfill, unless the waste and landfill meets all applicable requirements of chapter 18 of this division, and the waste is treated, rendered, or mixed before or immediately after placement in a landfill so that:
(1) the resulting waste, mixture, or dissolution or material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23; and
(2) section 66265.17(b) is complied with.
(b) Except for prohibited wastes which remain subject to treatment standards in article 4 of chapter 18 of this division, ignitable wastes in containers may be landfilled without meeting the requirements of subsection (a) of this section provided that the wastes are disposed in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes shall be disposed in non-leaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of the wastes; shall be covered daily with soil or other non-combustible material to minimize the potential for ignition of the wastes; and shall not be disposed in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.312. 
  
 



s 66265.313. Special Requirements for Incompatible Wastes.
Incompatible wastes, or incompatible wastes and materials, (see Appendix V for examples) shall not be placed in the same landfill cell, unless section 66265.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.313. 
  
 



s 66265.314. Special Requirements for Bulk and Containerized Liquids.
 (a) Effective February 2, 1985, the placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.
(b) Containers holding free liquids shall not be placed in a landfill unless:
(1) all freestanding liquid:
(A) has been removed by decanting, or other methods;
(B) has been mixed with sorbent or solidified so that freestanding liquid is no longer observed; or
(C) has been otherwise eliminated; or
(2) the container is very small, such as an ampule; or
(3) the container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or
(4) the container is a lab pack as defined in section 66265.316 and is disposed of in accordance with section 66265.316.
(c) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the facility shall use Method 9095 (as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" - EPA Publication SW-846 Third Edition and updates, as incorporated by reference in section 66260.11).
(d) Sorbents used to treat free liquids to be disposed of in landfills shall be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in subsection (d)(1) of this section; materials that pass one of the tests in subsection (d)(2) of this section; or materials that are determined by USEPA to be nonbiodegradable through the 40 CFR Part 260 petition process.
(1) Nonbiodegradable sorbents.
(A) Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or
(B) High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable; or
(C) Mixtures of these nonbiodegradable materials.
(2) Tests for nonbiodegradable sorbents.
(A) The sorbent material is determined to be nonbiodegradable under ASTM Method G21-90-Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi; or
(B) The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria; or
(C) The sorbent material is determined to be non-biodegradable under OECD test 301B; (CO 2  Evolution (Modified Strum Test)).
(e) Effective November 8, 1985, the placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of such landfill demonstrates to the Department, or the Department determines, that:
(1) the only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted or operating under interim status, which contains, or may reasonably be anticipated to contain, hazardous waste; and
(2) placement in such owner or operator's landfill will not present a risk of contamination of any underground source of drinking water (as that term is defined in section 66260.10).
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.5, Health and Safety Code; 40 CFR Section 265.314. 
  
 



s 66265.315. Special Requirements for Containers.
Unless they are very small, such as an ampule, containers shall be either:
(a) at least 90 percent full when placed in the landfill; or
(b) crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.315. 
  
 



s 66265.316. Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab Packs).
Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following requirements are met.
(a) Hazardous waste shall be packaged in non-leaking inside containers. The inside containers shall be of a design and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the waste held therein. Inside containers shall be tightly and securely sealed. The inside containers shall be of the size and type specified in the Department of Transportation (DOT) hazardous materials regulations (49 CFR Parts 173, 178 and 179), if those regulations specify a particular inside container for the waste.
(b) The inside containers shall be overpacked in an open head DOT-specification metal shipping container (49 CFR Parts 178 and 179) of no more than 416- liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with 66265.314(d), to completely sorb all of the liquid contents of the inside containers. The metal outer container shall be full after it has been packed with inside containers and sorbent material.
(c) The sorbent material used shall not be capable of reacting dangerously with, being decomposed by, or being ignited by the contents of the inside containers, in accordance with section 66265.17(b).
(d) Incompatible wastes, as defined in section 66260.10, shall not be placed in the same outside container.
(e) Reactive waste, other than cyanide- or sulfide-bearing waste as defined in section 66261.23 (a)(5), shall be treated or rendered non-reactive prior to packaging in accordance with subsections (a) through (d) of this section. Cyanide- and sulfide-bearing reactive waste may be packaged in accordance with subsections (a) through (d) of this section without first being treated or rendered non-reactive provided that the cyanide concentration is less than 1000 mg/l.
(f) Such disposal is in compliance with the requirements of chapter 18 of this division. Persons who incinerate lab packs according to the requirements of section 66268.42(c)(1) may use fiber drums in place of metal outer containers. Such fiber drums shall meet the DOT specifications in 49 CFR 173.12 and be overpacked according to the requirements in Subsection (b) of this section.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.316. 
  
 



s 66265.317. Special Requirements for Nonliquid Waste.
 (a)(1) Effective January 1, 1995 or the effective date of the applicable treatment standard found in chapter 18 of division 4.5 of Titles 22 and 26 of California Code of Regulations, whichever is later, all nonliquid hazardous waste, bulk or containerized, shall contain less than 50 percent moisture by weight prior to disposal in a hazardous waste landfill.
(2) The requirements in (a)(1) cannot be met by adding material that acts solely as a sorbent, unless determined to be nonbiodegradable in accordance with section 66265.314(d) and waste is disposed in a container, or diluting agent. The moisture content shall be determined by pulverizing the entire sample coarsely on a clean surface by hand, using rubber gloves. Twenty-five to 50 grams shall be placed in a prepared evaporating dish and weighed. The sample shall then be placed in an oven at 103 to 105 degrees centigrade for 1 hour. The dish shall be cooled in a desiccator to 20 degrees centigrade for 1 hour and then reweighed. The cycle of drying, cooling, and weighing shall be repeated until a constant weight is obtained or until the weight loss is less than 4 percent of the previous weight.
(b) The calculation in subsection (a) shall be in accordance with the following formula:
Percent Moisture = [(A-B)/(A-C)] x 100
Where:
A = Weight of evaporating dish and original sample, grams
B = Weight of evaporating dish and oven dried sample, grams
C = Weight of evaporating dish, grams.
(c)(1) Lab Packs as defined in section 66265.316 are exempt from section 66265.317(a).
(2) Asbestos-containing waste is exempt from section 66265.317(a) if the waste is disposed according to the requirements of the regional water quality control board in (1) a class I landfill, or (2) segregated areas within a nonclass I landfill.
 
  Note: Authority cited: Sections 25150, 25179.5 and 58012, Health and Safety Code. Reference: Sections 25143.7, 25159, 25159.5, 25179.5(b) and 25179.9, Health and Safety Code. 
  
 



s 66265.340. Applicability.
 (a) The regulations in this article apply to owners or operators of facilities that incinerate hazardous waste, except as section 66264.1 provides otherwise. The following facility owners or operators are considered to incinerate hazardous waste:
(1) owners or operators of hazardous waste incinerators (as defined in section 66260.10).
(b) Owners and operators of incinerators burning hazardous waste are exempt from all of the requirements of this article except section 66265.351 (Closure), provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents listed in, Appendix VIII to chapter 11 of this division, and such documentation is retained at the facility, if the waste to be burned is:
(1) listed as a hazardous waste in article 4 of chapter 11 of this division solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or
(2) listed as a hazardous waste in article 4 of chapter 11 of this division solely because it is reactive (Hazard Code R) for characteristics other than those listed in section 66261.23(a)(4) and (a)(5), and will not be burned when other hazardous wastes are present in the combustion zone; or
(3) a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous wastes; or
(4) a hazardous waste solely because it possesses the reactivity characteristics described by section 66261.23(a)(1), (a)(2), (a)(3), (a)(6), (a)(7), (a)(8), and will not be burned when other hazardous wastes are present in the combustion zone.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.340. 
  
 



s 66265.341. Waste Analysis.
 (a) In addition to the waste analyses required by section 66265.13, the owner or operator shall sufficiently analyze any waste which that owner or operator has not previously burned in that owner or operator's incinerator to enable him that owner or operator to establish steady state (normal) operating conditions (including waste and auxiliary fuel feed and air flow) and to determine the type of pollutants which might be emitted. At a minimum, the analysis shall determine:
(1) heating value of the waste;
(2) halogen content and sulfur content in the waste; and
(3) concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the element is not present.
(b) As required by section 66265.73, the owner or operator must place the results from each waste analysis, or the documented information, in the operating record of the facility.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference cited:Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.341. 
  
 



s 66265.347. Monitoring and Inspections.
 (a) The owner or operator shall conduct, as a minimum, the following monitoring and inspections when incinerating hazardous waste.
(1) Existing instruments which relate to combustion and emission control shall be monitored at least every 15 minutes. Appropriate corrections to maintain steady state combustion conditions shall be made immediately either automatically or by the operator. Instruments which relate to combustion and emission control would normally include those measuring waste feed, auxiliary fuel feed, air flow, incinerator temperature, scrubber flow, scrubber pH, and relevant level controls.
(2) The complete incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) shall be inspected at least daily for leaks, spills, and fugitive emissions, and all emergency shutdown controls and system alarms must be checked to assure proper operation.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.347. 
  
 



s 66265.351. Closure.
 (a) At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including but not limited to ash, scrubber waters, and scrubber sludges) from the incinerator site.
(b) At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with section 66261.3(d) of this division, that the residue removed from that owner or operator's incinerator is not a hazardous waste, the owneror operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of this division.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference cited: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.351. 
  
 



s 66265.352. Interim Status Incinerators Burning Particular Hazardous Wastes.
 (a) Owners or operators of incinerators subject to this article may burn EPA Hazardous Wastes F020, F021, F022, F023, F026, or F027 if they receive a certification from the USEPA Assistant Administrator for Solid Waste and Emergency Response that they can meet the performance standards of article 15 of chapter 14 of this division when they burn these wastes.
(b) The following standards and procedures will be used in determining whether to certify an incinerator.
(1) The owner or operator will submit an application to the USEPA Assistant Administrator for Solid Waste and Emergency Response containing applicable information in sections 66270.19 and 66270.62 demonstrating that the incinerator can meet the performance standards in article 15 of chapter 14 of this division when they burn these wastes.
(2) The USEPA Assistant Administrator for Solid Waste and Emergency Response will issue a tentative decision as to whether the incinerator can meet the performance standards in article 15 of chapter 14 of this division. Notification of this tentative decision will be provided by newspaper advertisement and radio broadcast in the jurisdiction where the incinerator is located. The USEPA Assistant Administrator for Solid Waste and Emergency Response will accept comment on the tentative decision for 60 days. The USEPA Assistant Administrator for Solid Waste and Emergency Response also may hold a public hearing upon request or at the Assistant Administrator's discretion.
(3) After the close of the public comment period, the USEPA Assistant Administrator for Solid Waste and Emergency Response will issue a decision whether or not to certify the incinerator.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.352. 
  
 



s 66265.370. Other Thermal Treatment.
The regulations in this article apply to owners or operators of facilities that thermally treat hazardous waste in devices other than enclosed devices using controlled flame combustion, except as section 66265.1 provides otherwise. Thermal treatment in enclosed devices using controlled flame combustion is subject to the requirements of article 15 of this chapter if the unit is an incinerator, and article 8 of chapter 16, if the unit is a boiler or an industrial furnace as defined in section 66260.10.
 
  Note: Authority cited: Sections 25159, 25159.5, 58004 and 58012, Health and Safety Code. Reference cited: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.370. 
  
 



s 66265.373. General Operating Requirements.
Before adding hazardous waste, the owner or operator shall bring his thermal treatment process to steady state (normal) conditions of operation-including steady state operating temperature using auxiliary fuel or other means, unless the process is a noncontinuous (batch) thermal treatment process which requires a complete thermal cycle to treat a discrete quantity of hazardous waste.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.373. 
  
 



s 66265.375. Waste Analysis.
 (a) In addition to the waste analyses required by section 66265.13, the owner or operator must sufficiently analyze any waste which he has not previously treated in that owner's or operator's thermal process to enable that owner or operator to establish steady state (normal) or other appropriate (for a non-continuous process) operating conditions (including waste and auxiliary fuel feed) and to determine the type of pollutants which might be emitted. At a minimum, the analysis must determine:
(1) heating value of the waste;
(2) halogen content and sulfur content in the waste; and
(3) concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the element is not present.
(b) As required by section 66265.73, the owner or operator must place the results from each waste analysis, or the documented information, in the operating record of the facility.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.375. 
  
 



s 66265.377. Monitoring and Inspections.
 (a) The owner or operator shall conduct, as a minimum, the following monitoring and inspections when thermally treating hazardous waste.
(1) Existing instruments which relate to temperature and emission control (if an emission control device is present) shall be monitored at least every 15 minutes. Appropriate corrections to maintain steady state or other appropriate thermal treatment conditions shall be made immediately either automatically or by the operator. Instruments which relate to temperature and emission control would normally include those measuring waste feed, auxiliary fuel feed, treatment process temperature, and relevant process flow and level controls.
(2) The stack plume (emissions), where present, shall be observed visually at least hourly for normal appearance (color and opacity). The operator shall immediately make any indicated operating corrections necessary to return any visible emissions to their normal appearance.
(3) The complete thermal treatment process and associated equipment (pumps, valves, conveyors, pipes, etc.) shall be inspected at least daily for leaks, spills, and fugitive emissions, and all emergency shutdown controls and system alarms must be checked to assure proper operation.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.377. 
  
 



s 66265.381. Closure.
At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including, but not limited to, ash) from the thermal treatment process or equipment. At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with section 66261.3(c) or (d), that any waste removed from that owner or operator's thermal treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of this division.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference cited: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.381. 
  
 



s 66265.382. Open Burning; Waste Explosives.
Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate and bulk military propellants which cannot safely be disposed of through other modes of treatment. Detonation is an explosion in which chemical transformation passes through the material faster than the speed of sound (0.33 kilometers/second at sea level). Owners or operators choosing to open burn or detonate waste explosives shall do so in accordance with the following table and in a manner that does not threaten human health or the environment.
-------------------------------------------------------
                           Minimum Distance from Open
Pounds of Waste            Burning or Detonation to the
Explosives or Propellants  Property of Others
-------------------------------------------------------
0 to 100                   204 meters (670 feet)
101 to 1,000               380 meters (1,250 feet)
1,001 to 10,000            530 meters (1,730 feet)
10,001 to 30,000           690 meters (2,260 feet)
 
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.382. 
  
 



s 66265.383. Interim Status Thermal Treatment Devices Burning Particular Hazardous Waste.
 (a) Owners or operators of thermal treatment devices subject to this subpart may burn EPA Hazardous Wastes F020, F021, F022, F023, F026, or F027 if they receive a certification from the USEPA Assistant Administrator for Solid Waste and Emergency Response that they can meet the performance standards of article 15 of chapter 14 of this division when they burn these wastes.
(b) The following standards and procedures will be used in determining whether to certify a thermal treatment unit.
(1) The owner or operator will submit an application to the USEPA Assistant Administrator for Solid Waste and Emergency Response containing the applicable information in sections 66270.19 and 66270 .62 demonstrating that the thermal treatment unit can meet the performance standard in article 15 of chapter 14 of this division when they burn these wastes.
(2) The USEPA Assistant Administrator for Solid Waste and Emergency Response will issue a tentative decision as to whether the thermal treatment unit can meet the performance standards in article 15 of chapter 14 of this division. Notification of this tentative decision will be provided by newspaper advertisement and radio broadcast in the jurisdiction where the thermal treatment device is located. The USEPA Assistant Administrator for Solid Waste and Emergency Response will accept comment on the tentative decision for 60 days. The USEPA Assistant Administrator for Solid Waste and Emergency Response also may hold a public hearing upon request or at the Assistant Administrator's discretion.
(3) After the close of the public comment period, the USEPA Assistant Administrator for Solid Waste and Emergency Response will issue a decision whether or not to certify the thermal treatment unit.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.383. 
  
 



s 66265.400. Applicability.
The regulations in this article apply to owners and operators of facilities which treat hazardous wastes by chemical, physical, or biological methods in other than tanks, surface impoundments, and land treatment facilities, except as section 66265.1 provides otherwise. Chemical, physical, and biological treatment of hazardous waste in tanks, surface impoundments, and land treatment facilities shall be conducted in accordance with articles 10, 11, and 13, respectively.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.400. 
  
 



s 66265.401. General Operating Requirements.
 (a) Chemical, physical, or biological treatment of hazardous waste shall comply with section 66265.17(b).
(b) Hazardous wastes or treatment reagents shall not be placed in the treatment process or equipment if they could cause the treatment process or equipment to rupture, leak, corrode, or otherwise fail before the end of its intended life.
(c) Where hazardous waste is continuously fed into a treatment process or equipment, the process or equipment shall be equipped with a means to stop this inflow (e.g., a waste feed cut-off system or by-pass system to a standby containment device).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.401. 
  
 



s 66265.402. Waste Analysis and Trial Tests.
 (a) In addition to the waste analysis required by section 66265.13, the owner or operator shall comply with subsection (b) of this section, whenever:
(1) a hazardous waste which is substantially different from waste previously treated in a treatment process or equipment at the facility is to be treated in that process or equipment, or
(2) a substantially different process than any previously used at the facility is to be used to chemically treat hazardous waste.
(b) The owner or operator shall, before treating the different waste or using the different process or equipment:
(1) conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant scale tests); or
(2) obtain written, documented information on similar treatment of similar waste under similar operating conditions to show that this proposed treatment will meet all applicable requirements of sections 66265.401(a) and (b).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. References: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.402. 
  
 



s 66265.403. Inspections.
 (a) The owner or operator of a treatment facility shall inspect, where present:
(1) discharge control and safety equipment (e.g., waste feed cut-off systems, by-pass systems, drainage systems, and pressure relief systems) at least once each operating day, to ensure that it is in good working order;
(2) data gathered from monitoring equipment (e.g., pressure and temperature gauges), at least once each operating day, to ensure that the treatment process or equipment is being operated according to its design;
(3) the construction materials of the treatment process or equipment, at least weekly, to detect corrosion or leaking of fixtures or seams; and
(4) the construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes), at least weekly, to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.403. 
  
 



s 66265.404. Closure.
At closure, all hazardous waste and hazardous waste residues shall be removed from treatment processes or equipment, discharge control equipment, and discharge confinement structures. In addition, owners and operators of incinerators shall comply with the requirements of section 66265.351. At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with section 66261.3(d) or (e) of this division, that any waste removed from the treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chapters 12, 13, and 15 of this division.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.404. 
  
 



s 66265.405. Special Requirements for Ignitable or Reactive Waste.
Ignitable or reactive waste shall not be placed in a treatment process or equipment unless:
(a) the waste is treated, rendered, or mixed before or immediately after placement in the treatment process or equipment so that (1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under section 66261.21 or 66261.23 of this division, and (2) section 66265.17(b) is complied with; or
(b) the waste is treated in such a way that it is protected from any material or conditions which may cause the waste to ignite or react.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.405. 
  
 



s 66265.406. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible wastes and materials, (see Appendix V for examples) shall not be placed in the same treatment process or equipment, unless section 66265.17(b) is complied with.
(b) Hazardous waste shall not be placed in unwashed treatment equipment which previously held an incompatible waste or material, unless section 66265.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.406. 
  
 



s 66265.440. Applicability.
 (a) The requirements of this article apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system. Existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads. The requirement at section 66265.443(b)(3) to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992 except for those constructed after December 24, 1992 for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 24, 1992.
(b) The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not subject to regulation under sections 66265.443(e) or 66265.443(f), as appropriate.
(c) The requirements of this article are not applicable to the management of infrequent and incidental drippage in storage yards provided that:
(1) the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, contingency plan shall describe how the facility will do the following:
(A) cleanup the drippage;
(B) document the cleanup of the drippage;
(C) retain documents regarding cleanup for three years; and
(D) manage the contaminated media in a manner consistent with Department regulations.
 
  Note:   Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.440. 
  
 



s 66265.441. Assessment of existing drip pad integrity.
 (a) For each existing drip pad as defined in section 66265.440 of this article, the owner or operator shall evaluate the drip pad and determine that it meets all of the requirement of this article, except the requirements for liners and leak detection systems of section 66265.443(b). No later than the effective date of this rule, the owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified professional engineer registered in California that attests to the results of the evaluation. The assessment shall be reviewed, updated, and re-certified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards of section 66265.443 are complete. The evaluation shall document the extent to which the drip pad meets each of the design and operating standards of section 66265.443, except the standards for liners and leak detection systems, specific in section 66265.443(b).
(b) The owner or operator shall develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of section 66265.443(b), and submit the plan to the Department no later than two years before the date that all repairs, upgrades, and modifications are complete. This written plan shall describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of section 66265.443. The plan shall be reviewed and certified by an independent, qualified professional engineer registered in California.
(c) Upon completion of all, repairs, and modifications, the owner or operator shall submit to the Department, the as-built drawings for the drip pad together with a certification by an independent, qualified professional engineer registered in California attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or unfit for use, the owner or operator shall comply with the provisions of section 66265.443(m) or close the drip pad in accordance with section 66265.445.
 
  Note:   Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.441. 
  
 



s 66265.442. Design and installation of new drip pads.
Owners and operators of new drip pads shall ensure that the pads are designed, installed, and operated in accordance with one of the following:
(a) All of the applicable requirements of sections 66265.443 (except section 66265.443(b)), 66265.444 and 66265.445, or
(b) All of the applicable requirements of sections 66265.443 (except section 66265.443(a)(4)(A) and (B)), 66265.444 and 66265.445.
 
  Note:   Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.442. 
  
 



s 66265.443. Design and operating requirements.
 (a) Drip pads shall:
(1) be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt;
(2) be sloped to free-drain treated wood drippage, rain, and other waters, or solutions of drippage and water or other wastes to the associated collection system;
(3) have a curb or berm around the perimeter;
(4)(A) have a hydraulic conductivity of less than or equal to 1x10<<super>>-7 centimeters per second, e.g., existing concrete drip pads shall be sealed, coated, or covered with a surface material with a hydraulic conductivity of less than or equal to 1x10<<super>>-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, materials, or other wastes while being routed to an associated collection system. This surface material shall be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the materials shall be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with section 66265.442(a) instead of section 66265.442(b).
(B) the owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified registered professional engineer registered in California that attests to the results of the evaluation. The assessment shall be reviewed, updated and recertified annually. The evaluation shall document the extent to which the drip pad meets the design and operating standards of this section, except for subsection (b).
(5) be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of installation, and the stress of daily operations, e.g., variable and moving loads such as vehicle traffic, movement of wood, etc.
(b) If an owner or operator elects to comply with section 66264.442(b) instead of section 66265.442(a), the drip pad shall have:
(1) a synthetic liner installed below the drip pad that is designed, constructed, and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the drip pad. The liner shall be constructed of materials that will prevent waste from being absorbed into the liner and prevent releases into the adjacent subsurface soil or ground water or surface water during the active life of the facility. The liner shall be:
(A) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from vehicular traffic on the drip pad);
(B) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift; and
(C) installed to cover all surrounding earth that could come in contact with the waste or leakage; and
(2) a leakage detection system, immediately above the liner that is designed, constructed, maintained, and operated to detect leakage from the drip pad. The leakage detection system shall be:
(A) constructed of materials that are:
1. chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and
2. of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad; and
(B) designed and operated to function without clogging through the scheduled closure of the drip pad;
(C) designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.
(3) a leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time, and quantity of any leakage collected in this system and removed shall be documented in the operating log.
(c) Drip pads shall be maintained such that they remain free of cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the drip pad.
(d) The drip pad and associated collection system shall be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off.
(e) Unless protected by a structure, as described in section 66265.440(b), the owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least  a 24-hour, 25-year storm unless the system has sufficient excess capacity to contain any run-on that might enter the system, or the drip pad is protected by a structure or cover, as described in section 66265.440(b).
(f) Unless protected by a structure or cover, as described in section 66265.440(b), the owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
(g) The drip pad shall be evaluated to determine that it meets the requirements of subsections (a) through (f) of this section and the owner or operator shall obtain a statement from an independent, qualified, professional engineer registered in California, certifying that the drip pad design meets the requirements of this section.
(h) Drippage and accumulated precipitation shall be removed from the associated collection system as necessary to prevent overflow onto the drip pad.
(i) The drip pad surface shall be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance form accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator shall document the date and time of each cleaning and the cleaning procedure used in the facility's operating log.
(j) Drip pads shall be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment.
(k) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes shall be held on the drip pad until drippage has ceased. The owner or operator shall maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.
(l) Collection and holding units associated with run-on and run-off control systems shall be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.
(m) Throughout the active life of the drip pad, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition shall be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:
(1) upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage by the leak detection system), the owner or operator shall:
(A) enter a record of the discovery in the facility operating log;
(B) immediately remove the portion of the drip pad affected by the condition from service;
(C) determine what steps shall be taken to repair the drip pad, remove any leakage from below the drip pad, and establish a schedule for accomplishing the clean up and repairs;
(D) within 24 hours after discovery of the condition, notify the Department of the condition and, within ten working days, provide a written notice to the Department with a description of the steps that will be taken to repair the drip pad, and clean up any leakage, and the schedule for accomplishing this work;
(2) the Department will review the information submitted, make a determination regarding whether the pad shall be removed from service completely or partially until repairs and cleanup are complete, and notify the owner or operator of the determination and the underlying rationale in writing; and
(3) upon competing all repairs and clean up, the owner or operator shall notify the Department in writing and provide a certification, signed by an independent, qualified professional engineer registered in California, that the repairs and clean up have been completed according to the written plan submitted in accordance with subsection (m)(1)(D) of this section.
(n) The owner or operator shall maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This shall include identification of preservative formulations used in the past, a description of drippage management practices, and a description of treated wood storage and handling practices.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.443. 
  
 



s 66265.444. Inspection.
 (a) During preconstruction, construction, and operating phases, liners and cover systems (e.g., membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfection (e.g., holes cracks,  thin spots, or foreign materials). Immediately after construction or installation, liners shall be inspected and certified as meeting the requirements of section 66265.443 by an independent, qualified professional engineer registered in California. The certification shall be maintained at the facility as part of the facility operating record. After installation liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.
(b) While a drip pad is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:
(1) deterioration, malfunctions, or improper operation of run-on and run-off control systems;
(2) the presence of leakage in and proper functioning of leakage detection system; or
(3) deterioration or cracking if the drip pad surface.
 
  Note:   Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150 and 25245, Health and Safety Code; and 40 CFR Section 265.444. 
  

 



s 66265.445. Closure.
 (a) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.
(b) If, after removing or decontaminating all residues and making reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment a required in subsection (a) of this section, the owner or operator finds that not all contaminated subsoils can be practically removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (section 66265.310). For permitted units, the requirement to have a permit continues throughout the post-closure period.
(c)(1) The owner or operator of an existing drip pad, as defined in section 66265.440, that does not comply with the liner requirements of section 66265.443(b)(1) shall:
(A) include in the closure plan for the drip pad under section 66265.112 both a plan for complying with subsection (a) of this section and a contingent plan for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure; and
(B) prepare a contingent post-closure plan under section 66265.118 for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure;
(2) the cost estimates calculated under sections 66265.112 and 66265.144 for closure and post-closure care of a drip pad subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under subsection (a) of this section.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.445. 
  
 



s 66265.710. Applicability to Interim Status Facilities.
 (a) Sections 66265.710 through 66265.714 of this chapter apply to owners or operators of interim status facilities that treat, store, recycle or dispose of hazardous waste in a surface impoundment, waste pile, land treatment unit or landfill (hereinafter referred to as a regulated unit), except as section 66265.1 and subsection (b) of this section provide otherwise. The owner or operator of a regulated unit that receives hazardous waste after February 2, 1985 shall install, operate and maintain an environmental monitoring system which meets the requirements of section 66265.711 and shall comply with sections 66265.712 through 66265.714. This environmental monitoring program shall be carried out during the active life of the regulated unit, and for units where hazardous waste will remain after closure, during the post-closure care period as well.
(b) All or part of the environmental monitoring requirements of this article shall be waived if the owner or operator demonstrates to the satisfaction of the Department that hazardous waste will not migrate from the regulated unit during the active life of the unit (including the closure period) and the post-closure care period and that any waste remaining in the unit does not pose a threat to human health and the environment. These demonstrations shall be in writing, and shall be kept at the facility. The demonstration that gas, vapor or airborne solids will not migrate shall be certified by an independent, qualified chemical engineer. The demonstration that liquid will not migrate shall be certified by an independent, certified engineering geologist or professional civil engineer registered in California and shall establish the following:
(1) the potential for migration of hazardous waste or hazardous waste constituents from the regulated unit via transport through soil, water or air;
(2) the potential for migration of hazardous waste or hazardous waste constituents from the regulated unit to ground water, by an evaluation of:
(A) a water balance of precipitation, evapotranspiration, runoff and infiltration;
(B) unsaturated zone characteristics (i.e., geologic materials, physical properties and depth to ground water).
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66265.711. Environmental Monitoring System for Interim Status Facilities.
The owner or operator of a regulated unit that contains hazardous waste, or discarded hazardous material, that contains a volatile toxic substance, or a hazardous material that can become airborne, or that can decompose or react to form a volatile toxic substance or toxic gas, shall provide for representative sampling and analysis of air upwind and at the disposal area and of air in the vapor space at vapor and gas monitoring wells, established by the owner or operator to the satisfaction of the Department. Such monitoring shall be conducted throughout the active life and the post-closure care period of the facility. Vapor and gas monitoring wells shall be covered with collection chambers. The owner or operator shall provide inside the collection chambers probes or equivalent meth odologies that actively sense the concentration of substances specified pursuant to section 66265.712(b). If necessary to protect human health or the environment, the owner or operator shall provide instrumentation that provides continuous recording of concentrations of substances in open air and in atmosphere at vapor wells.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66265.712. Sampling and Analysis for Interim Status Facilities.
 (a) The owner or operator shall develop and follow an environmental sampling and analysis plan that satisfies the requirements of this articlenalysis plan that satisfies the requirements of this article. The owner or operator shall submit this plan to the Department within 90 days of July 1, 1991. The owner or operator shall submit all modifications to the environmental sampling and analysis plan to the Department and shall maintain an updated version of the environmental sampling and analysis plan in the operating record at the facility. The Department shall require the owner or operator to modify the environmental sampling and analysis plan as necessary to protect human health or the environment.
(b) Samples will be analyzed for those substances specified in the environmental sampling and analysis plan. Unless the Department approves an alternate list of monitoring parameters, the owner or operator shall analyze the samples to determine the concentration of all constituents that cause waste at the regulated unit to be hazardous waste. The owner or operator shall specify for the regulated unit the location and frequency of monitoring and the type of statistical test that will be used. The owner or operator shall submit a report to the Department that indicates the results of the analysis and the concentrations of constituents in the air and soil-pore gas sampled. The report shall be submitted to the Department within 30 days of the date and time analyses are completed.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66265.713. Preparation, Evaluation and Response for Interim Status Facilities.
 (a) Within one year after July 1, 1991, the owner or operator shall prepare a comprehensive environmental monitoring program capable of determining:
(1) whether hazardous waste or hazardous waste constituents have migrated from the facility in air or in soil-pore gas;
(2) the rate and extent of migration of hazardous waste or hazardous waste constituents in air and in soil-pore gas;
(3) the concentrations of hazardous waste or hazardous waste constituents in air and in soil-pore gas.
(b) If the owner or operator determines through the environmental monitoring pursuant to section 66265.712, or the comprehensive environmental monitoring pursuant to subsection (a) of this section, that hazardous waste or hazardous waste constituents have migrated from the regulated unit through air or soil-pore gas, the owner or operator shall, within 15 days of such determination, develop and submit to the Department a specific plan, certified by a qualified certified engineering geologist or qualified geologist or geotechnical engineer or civil engineer registered in California, for an environmental quality assessment program at the facility.
(c) The plan to be submitted under subsection (b) of this section shall specify:
(1) the number, location and depth of sampling stations;
(2) sampling and analytical methods for those hazardous wastes or hazardous waste constituents in the regulated unit;
(3) evaluation procedures, including any use of previously gathered information on the chemical characteristics of soil, soil-pore gas, and air;
(4) a schedule of implementation.
(d) The owner or operator shall implement the environmental quality assessment plan which satisfies the requirements of subsection (c) of this section and, at a minimum, determine:
(1) the rate and extent of migration of the hazardous waste or hazardous waste constituents in air or in soil-pore gas;
(2) the concentrations of the hazardous waste or hazardous waste constituents in air and in soil-pore gas.
(e) The owner or operator shall make the first determination under subsection  (d) of this section as soon as technically feasible and, within 15 days after that determination, submit to the Department a written report containing an assessment of the environmental quality.
(f) If the owner or operator determines to the satisfaction of the Department, based on the results of the first determination under subsection (d) of this section, that no hazardous waste or hazardous waste constituents have migrated from the regulated unit, then the owner or operator may reinstate the indicator evaluation program described in section 66265.712. If the owner or operator reinstates the indicator evaluation program, the owner or operator shall so notify the Department in the report submitted under subsection (e) of this section.
(g) If the owner or operator determines, based on the first determination under subsection (d) of this section, that hazardous waste or hazardous waste constituents have migrated from the facility, then the owner or operator:
(1) shall continue to make the determinations required under subsection (d) of this section on a quarterly basis until final closure of the facility, if the environmental quality assessment plan was implemented prior to final closure of the facility; or
(2) may cease to make the determinations required under subsection (d) of this section, if the environmental quality assessment plan was implemented during the post-closure care period.
(h) Notwithstanding any other provision of this article, any environmental quality assessment to satisfy the requirements of section 66265.713(d) which is initiated prior to final closure of the facility shall be completed and reported in accordance with section 66265.713(e).
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66265.714. Recordkeeping and Reporting at Interim Status Facilities.
 (a) Unless the owner or operator provides monitoring that satisfies the requirements of section 66265.713(d), the owner or operator shall report monitoring information to the Department at least annually, including the concentrations or values of the parameters in accordance with section 66265.712 for each sampling station.
(b) If the owner or operator provides monitoring that satisfies the requirements of section 66265.713(d), the owner or operator shall:
(1) keep records of the analyses and evaluations specified in the plan, which satisfies the requirements of section 66265.713(c), throughout the active life of the facility and, for disposal facilities, throughout the post-closure care period as well;
(2) annually, until final closure of the facility, submit to the Department a report containing the results of the environmental quality assess- ment program which includes, but is not limited to, the calculated (or measured) rate of migration of hazardous waste or hazardous waste constituents in soil, soil-pore gas, and in air during the reporting period. This report shall be submitted as part of the annual report required under section 66265.75.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



Appendix I.
Recordkeeping Instructions
 
The recordkeeping provisions of section 66265.73 specify that an owner or operator shall keep a written operating record at the facility. This appendix provides additional instructions for keeping portions of the operating record. See section 66265.73(b) for additional recordkeeping requirements.
The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility in the following manner:
(a) records of each hazardous waste received, transferred, treated, stored, or disposed of at the facility which include the following:
(1) a description by its common name and any applicable EPA Hazardous Waste Number or California Hazardous Waste Number from chapter 11 of this division which apply to the waste. The waste description also shall include the waste's physical form, i.e., liquid, sludge, solid, or contained gas. If the waste is not listed in chapter 11, article 4 or Appendix XII of this division, the description also shall include the process that produced it (for example, solid filter cake from production of --, EPA Hazardous Waste Number W051).
Each hazardous waste listed in chapter 11, article 4, of this division, and each hazardous waste characteristic defined in chapter 11, article 3, of this division, has a four-digit EPA Hazardous Waste Number and/or a three-digit California Hazardous Waste Number assigned to it. This number shall be used for recordkeeping and reporting purposes. Where a hazardous waste contains more than one listed hazardous waste, or where more than one hazardous waste characteristic applies to the waste, the waste description shall include all applicable EPA and California Hazardous Waste Numbers;
(2) the estimated or manifest-reported weight, or volume and density, where applicable, in one of the units of measure specified in Table 1; and
Table 1
 
--------------------------------
Unit of Measurement   Code [FN1]
--------------------------------
Gallons               G
Gallons per Hour      E
Gallons per Day       U
 Liters               L
 Liters per Hour      H
 Liters per Day       V
Short Tons per Hour   D
Metric Tons per Hour  W
Short Tons per Day    N
Metric Tons per Day   S
Pounds per Hour       J
Kilograms per Hour    R
Cubic Yards           Y
Cubic Meters          C
Acres                 B
Acre-feet             A
Hectares              Q
Hectare-meter         F
Btu's per Hour        I
 
[FNa1] Single digit symbols are used here for data processing purposes.
(3) the method(s) (by handling code(s) as specified in Table 2) and date(s) of treatment, storage, or disposal:
Table 2
 
Handling Codes for Treatment, Storage, and Disposal Methods
 
Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store, or dispose of each quantity of hazardous waste received.
1. STORAGE
 
S01  Container (barrel, drum, etc.)
S02  Tank
S03  Waste pile
S04  Surface impoundment
S05  Drip Pad
S06  Containment Building (Storage)
S99  Other Storage (specify)
 
2. TREATMENT
 
                         (a) Thermal Treatment
T06  Liquid injection incinerator
T07  Rotary kiln incinerator
T08  Fluidized bed incinerator
T09  Multiple hearth incinerator
T10  Infrared furnace incinerator
T11  Molten salt destructor
T12  Pyrolysis
T13  Wet air oxidation
T14  Calcination
T15  Microwave discharge
T18  Other (specify)
                         (b) Chemical Treatment
T19  Absorption mound
T20  Absorption field
T21  Chemical fixation
T22  Chemical oxidation
T23  Chemical precipitation
T24  Chemical reduction
T25  Chlorination
T26  Chlorinolysis
T27  Cyanide destruction
T28  Degradation
T29  Detoxification
T30  Ion exchange
T31  Neutralization
T32  Ozonation
T33  Photolysis
T34  Other (specify)
                        (c) Physical Treatment:
                      (1) Separation of components
T35  Centrifugation
T36  Clarification
T37  Coagulation
T38  Decanting
T39  Encapsulation
T40  Filtration
T41  Flocculation
T42  Flotation
T43  Foaming
T44  Sedimentation
T45  Thickening
T46  Ultrafiltration
T47  Other (specify)
                   (2) Removal of Specific Components
T48  Absorption-molecular sieve
T49  Activated carbon
T50  Blending
T51  Catalysis
T52  Crystallization
T53  Dialysis
T54  Distillation
T55  Electrodialysis
T56  Electrolysis
T57  Evaporation
T58  High gradient magnetic separation
T59  Leaching
T60  Liquid ion exchange
T61  Liquid-liquid extraction
T62  Reverse osmosis
T63  Solvent recovery
T64  Stripping
T65  Sand filter
T66  Other (specify)
                        (d) Biological Treatment
T67  Activated sludge
T68  Aerobic lagoon
T69  Aerobic tank
T70  Anaerobic tank
T71  Composting
T72  Septic tank
T73  Spray irrigation
T74  Thickening filter
T75  Trickling filter
T76  Waste stabilization pond
T77  Other (specify)
T78  [Reserved]
T79  [Reserved]
                   (e) Boiler and Industrial Furnaces
T80  Boiler
T81  Cement Kiln
T82  Lime Kiln
T83  Aggregate Kiln
T84  Phosphate Kiln
T85  Coke Oven
T86  Blast Furnace
T87  Smelting, Melting, or Refining Furnace
T88  Titanium Dioxide Chloride Process Oxidation Reactor
T89  Methane Reforming Furnace
T90  Pulping Liquor Recovery Furnace
T91  Combustion Device Used in the Recovery of Sulfur Values
     from Spent Sulfuric Acid
T92  Halogen Acid Furnace
T93  Other Industrial Furnaces Listed in 40 CFR 260.10 (specify)
                          (f) Other Treatment
T94  Containment Building (Treatment)
 
3. DISPOSAL
 
D79  Underground injection
D80  Landfill
D81  Land treatment
D82  Ocean disposal
D83  Surface impoundment (to be closed as a landfill)
D99  Other Disposal (specify)

 
4. Miscellaneous
 
X01  Open Burning/Open Detonation
X02  Mechanical Processing
X03  Thermal Unit
X04  Geologic Repository
X99  Other (specify)
 
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Part 265, Appendix I. 
  
 



Appendix V.
Examples of Potentially Incompatible Waste
 
Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can produce effects which are harmful to human health and the environment, such as (1) heat or pressure, (2) fire or explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or gases, or (5) flammable fumes or gases.
Below are examples of potentially incompatible wastes, waste components, and materials, along with the harmful consequences which result from mixing materials in one group with materials in another group. The list is intended as a guide to owners or operators of transfer, treatment, storage, and disposal facilities, and to enforcement and permit granting officials, to indicate the need for special precautions when managing these potentially incompatible waste materials or components.
This list is not intended to be exhaustive. An owner or operator shall, as the regulations require, adequately analyze his wastes so that he can avoid creating uncontrolled substances or reactions of the type listed below, whether they are listed below or not.
It is possible for potentially incompatible wastes to be mixed in a way that precludes a reaction (e.g., adding acid to water rather than water to acid) or that neutralizes them (e.g., a strong acid mixed with a strong base), or that controls substances produced (e.g., by generating flammable gases in a closed tank equipped so that ignition cannot occur, and burning the gases in an incinerator).
In the lists below, the mixing of a Group A material with a Group B material may have the potential consequence as noted.

-------------------------------------------------------------------------------
Group 1-A                                           Group 1-B
-------------------------------------------------------------------------------
Acetylene sludge                                    Acid sludge
Akaline caustic liquids                             Acid and water
Alkaline cleaner                                    Battery acid
Alkaline corrosive liquids                          Chemical cleaners
Alkaline corrosive battery fluid  Electrolyte, acid
Caustic wastewater                                  Etching acid liquid
or solvent                                          Pickling liquor and
 Lime sludge and other                              other corrosive acids
corrosive alkalies                                  Spent acid
 Lime wastewater                                    Spent mixed acid
 Lime and water                                     Spent sulfuric acid
Spent caustic
Potential consequences: Heat generation; violent
  reaction.
-------------------------------------------------------------------------------
Group 2-A                                           Group 2-B
-------------------------------------------------------------------------------
Aluminum                                            Any waste in Group 1-A or
                                                      1-B
Beryllium
Calcium
 Lithium
Magnesium
Potassium
Sodium
Zinc powder
Other reactive metals and metal hydrides
Potential consequences: Fire or explosion;
  generation of flammable hydrogen gas.
-------------------------------------------------------------------------------
Group 3-A                                           Group 3-B
-------------------------------------------------------------------------------
Alcohols                                            Any concentrated waste
                                                    in Groups 1-A or 1-B
Water                                               Calcium
                                                    Lithium
  Potassium
                                                    PCl sub3, CH sub3 SiCl sub3
                                                    Metal hydrides
                                                    SO sub2 Cl sub2, SOCl sub2,
                                                    Other water
                                                    reactive waste
Potential consequences: Fire, explosion, or heat
  generation; generation of flammable or toxic
  gases.
-------------------------------------------------------------------------------
Group 4-A                                           Group 4-B
-------------------------------------------------------------------------------
Alcohols  Concentrated Group
                                                    1-A or 1-B wastes
Aldehydes                                           Group 2-A wastes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
Other reactive organic compounds
and solvents
Potential consequences: Fire, explosion, or
  violent reaction.
-------------------------------------------------------------------------------
Group 5-A                                           Group 5-B
-------------------------------------------------------------------------------
Spent cyanide and sulfide solutions                 Group 1-B wastes
Potential consequences: Generation of toxic
  hydrogen cyanide or hydrogen sulfide gas.
-------------------------------------------------------------------------------
Group 6-A                                           Group 6-B
-------------------------------------------------------------------------------
Chlorates                                           Acetic acid and
Chlorine                                            other organic
Chlorites                                           acids
Chromic acid  Concentrated
Hyphochlorites                                      mineral acides
Nitrates                                            Group 2-A wastes
Nitric acid, fuming                                 Group 4-A wastes
Perchlorates                                        Other flammable and
Permanganates  combustible wastes
Peroxides
Other strong oxidizers
-------------------------------------------------------------------------------
Potential consequences: Fire, explosion, or
  violent reaction.
 
Source: "Law, Regulations, and Guidelines for Handling of Hazardous Waste." California Department of Health, February 1975.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 208, 25159 and 25159.5, Health and Safety Code; 40 CFR Part 265, Appendix V. 
  
 



Appendix VI.
Suggested Detection Monitoring Analytes
 
This list is intended as a guide to owners or operators of treatment, storage and disposal facilities, and to enforcement and permit granting officials, to assist in the selection of appropriate monitoring parameters for specification in the water quality sampling and analysis plan. The Department is not requiring that all facilities use this list, but the Department believes that these are the best leak indicators for the majority of units, especially if the unit contains a variety of wastes. This list is called Leak Detection Analytes and is made up of volatile organics, hazardous metals and pH (hydrogen ion).
Investigations by USEPA's Environmental Monitoring Systems Laboratory in Las Vegas, Nevada, and others, have shown that most (as high as 70 percent) of the compounds leaking from RCRA sites are volatile organics. This preponderance of volatiles is not surprising since these compounds would be more likely to move quickly and easily through the environment given their volatility. Therefore, it is logical to conclude that volatile organics would be among the best indicators for early detection of a release.
The rest of the Leak Detection Analytes list is made up of those metals that are amenable to the basic inductively coupled plasma (icp) scan and pH. The metals were chosen because they make up the second most common group of substances that leak from hazardous waste land disposal units, and therefore, are also expected to be excellent leak indicators. pH was chosen because of its all around utility in environmental monitoring and data interpretation. pH was also chosen because of its ability to indicate leaks that otherwise might not be indicated because no single substance has exceeded a detectable level.
Leak Detection Analytes
 
--------------------------------------
 Volatile Organics           Metals
--------------------------------------
Acetone                      Antimony
Acrolein                     Barium
Acrylonitrile                Beryllium
Allyl chloride               Cadmium
Benzene                      Chromium
Bromodichloromethane         Cobalt
Bromoform                    Copper
Carbon disulfide             Lead
Carbon tetracholoride        Nickel
Chlorobenzene                Selenium
Chloroethane                 Thallium
Chloroform                   Vanadium
Chloroprene                  Zinc
Dibromochloromethane
1,2-Dibromo-3-chloropropane
pH
1,2-Dibromoethane
trans-1,4-Dichloro-2-butene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
trans-1,2-Dichloroethylene
1,2-Dichloropropane
trans-1,3-Dichloropropene
cis-1,3-Dichloropropene
Ethyl methacrylate
2-Hexanone
Methacrylonitrile
Methyl bromide
Methyl chloride
Methylene bromide
Methylene chloride
Methyl ethyl ketone
Methyl iodide
Methyl methacrylate
4-Methyl-2-pentanone
Pentachloroethane
2-Picoline
Propionitrile
Pyridine
Styrene
1,1,1,2-Tetrachloroethane
1,1,2,2-Tetrachloroethane
Tetrachloroethylene
Toluene
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethylene
Trichlorofluoromethane
1,2,3-Trichloropropane
 Vinyl acetate
 Vinyl chloride
Xylene
--------------------------------------
 
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Part 264, Appendix IX. 
  
 



s 66265.1030. Applicability.
 (a) The requirements of this article apply to owners and operators of facilities that treat, store, or dispose of RCRA hazardous wastes (except as provided in Section 66265.1).
(b) Except for Section 66265.1034(d) and (e), this article applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage RCRA hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in:
(1) units that are subject to the permitting requirements of chapter 20; or
(2) hazardous waste recycling units that are located on hazardous waste management facilities otherwise subject to the federal RCRA TSDF permitting requirements of chapter 20; or
(3) a unit that is exempt from permitting under the provisions of 66262.34(a) (i.e., a "90-day" tank or container) and is not a recycling unit under the requirements of 66261.6.  [NOTE: The requirements of sections 66265.1032 through 66265.1036 apply to process vents on hazardous waste recycling units previously exempt under section 66261.6(c)(1). Other exemptions under sections 66261.4 and 66265.1(c) are not affected by these requirements.]
(c) The requirements of this article do not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this article are equipped with and operating air emission controls in accordance with the process vent requirements of an applicable Clean Air Act regulation codified under regulations at 40 CFR parts 60, 61, or 63 shall be kept with, or made readily available with, the facility operating record.
NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR, Section 265.1030.




s 66265.1032. Standards: Process Vents.
 (a) The owner or operator of a facility with process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction or air or steam stripping operations managing hazardous wastes with organic concentrations at least 10 ppmw shall either:
(1) reduce total organic emissions from all affected process vents at the facility below 1.4 kg/h (3 1b/h) and 2.8 Mg/yr (3.1 tons/yr); or
(2) reduce, by use of a control device, total organic emissions from all affected process vents at the facility by 95 weight percent.
(b) If the owner or operator installs a closed-vent system and control device to comply with the provisions of Subsection (a) of this section, the closed-vent system and control device shall meet the requirements of Section 66265.1033.
(c) Determinations of vent emissions and emission reductions or total organic compound concentrations achieved by add-on control devices may be based on engineering calculations or performance tests. If performance tests are used to determine vent emissions, emission reductions, or total organic compound concentrations achieved by add-on control devices, the performance tests shall conform with the requirements of Section 66265.1034(c).
(d) When an owner or operator and the Department do not agree on determinations of vent emissions and/or emission reductions or total organic compound concentrations achieved by add-on control devices based on engineering calculations, the test methods in Section 66265.1034(c) shall be used to resolve the disagreement.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1032. 
  
 



s 66265.1033. Standards: Closed-Vent Systems and Control Devices.
 (a)(1) Owners or operators of closed-vent systems and control devices used to comply with provisions of this chapter shall comply with the provisions of this section.
(2)(A) The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this article on the effective date that the facility becomes subject to the requirements of this article must prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls must be installed as soon as possible, but the implementation schedule may allow up to 30 months after the effective date that the facility becomes subject to this article for installation and startup.
(B) Any unit that begins operation after December 21, 1990, and is subject to the requirements of this article when operation begins, shall comply with the rules immediately (i.e., must have control devices installed and operating on startup of the affected unit); the 30-month implementation schedule does not apply.
(C) The owner or operator of any facility in existence on the effective date of a statutory or Department regulatory amendment that renders the facility subject to this article shall comply with all requirements of this article as soon as practicable but no later than 30 months after the amendment's effective date. When control equipment required by this article cannot be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes the following information: Specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this article. The owner or operator shall enter the implementation schedule in the operating record or in a permanent, readily available file located at the facility.
(D) Owners and operators of facilities and units that become newly subject to the requirements of this article after December 8, 1997, due to an action other than those described in subsection (a)(2)(C) of this section must comply with all applicable requirements immediately (i.e., must have control devices installed and operating on the date the facility or unit becomes subject to this article; the 30-month implementation schedule does not apply).
(b) A control device involving vapor recovery (e.g., a condenser or adsorber) shall be designed and operated to recover the organic vapors vented to it with an efficiency of 95 weight percent or greater unless the total organic emission limits of Section 66265.1032(a)(1) for all affected process vents can be attained at an efficiency less than 95 weight percent.
(c) An enclosed combustion device (e.g., a vapor incinerator, boiler, or process heater) shall be designed and operated to reduce the organic emissions vented to it by 95 weight percent or greater; to achieve a total organic compound concentration of 20 ppmv, expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis corrected to three percent oxygen; or to provide a minimum residence time of 0.50 seconds at a minimum temperature of 760 degrees C. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame combustion zone of the boiler or process heater.
(d)(1) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in subsection (3)(1) of this section, except for periods not to exceed a total of five minutes during any two consecutive hours.
(2) A flare shall be operated with a flame present at all times, as determined by the methods specified in subsection (f)(2)(C) of this section.
(3) a flare shall be used only if the net heating value of the gas being combusted is 11.2 MJ/scm (300 Btu/scf) or greater, if the flare is steam-assisted or air-assisted; or if the net heating value of the gas being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is non-assisted. The net heating value of the gas being combusted shall be determined by the methods specified in subsection (e)(2) of this section.
(4)(A) A steam-assisted or non-assisted flare shall be designed for and operated with an exit velocity, as determined by the methods specified in subsection (e)(3) of this section, of less than 18.3 m/s (60 ft/s), except as provided in subsections (d)(4)(B) and (C) of this section.
(B) A steam-assisted or non-assisted flare designed for and operated with an exit velocity, as determined by the methods specified in subsection (e)(3) of this section, equal to or greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).
(C) a steam-assisted or non-assisted flare designed for and operated with an exit velocity, as determined by the methods specified in subsection (e)(3) of this section, less than the velocity, V MAX, as determined by the method specified in subsection (e)(4) of this section, and less than 122 m/s (400 ft/s) is allowed.
(5) An air-assisted flare shall be designed and operated with an exit velocity less than the velocity, V MAX, as determined by the method specified in subsection (e)(5) of this section.
(6) A flare used to comply with this section shall be steam- assisted, air-assisted, or non-assisted.
(e)(1) Reference Method 22 in 40 CFR, Part 60 shall be used to determine the compliance of a flare with the visible emission provisions of this article. The observation period is two hours and shall be used according to Method 22.
(2) The net heating value of the gas being combusted in a flare shall be calculated using the following equation:
 n
Ht = K [<<SIGMA>> Ci Hi]
 i=1
where:
Ht  =  Net heating value of the sample, MJ/scm; where the net enthalpy per mole of off-gas is based on combustion at 25 degrees C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 degrees C;
K =  Constant, 1.74 X 10 -7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 degrees C;
Ci  =  Concentration of sample component i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40 CFR, Part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified in Section 66260.11); and
Hi =  Net heat of combustion of sample component i, kcal/g mol at 25 degrees C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (incorporated by reference as specified in Section 66260.11) if published values are not available or cannot be calculated.
(3) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR, Part 60 as appropriate, by the unobstructed (free) cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s, Vmax, for a flare complying with subsection (d)(4)(C) of this section shall be determined by the following equation:
 Log10 (Vmax) = (Ht  + 28.8)/31.7
where:
Ht  =  The net heating value as determined in subsection (e)(2) of this section.
28.8 =  Constant.
31.7 =  Constant.
(5) The maximum allowed velocity in m/s, Vmax , for an air- assisted flare shall be determined by the following equation:
 Vmax =   8.706 + 0.7084 (Ht)
where:
8.706 =  Constant.
0.7084 =  Constant.
Ht  =  The net heating value as determined in subsection (e)(2) of this section.
(f) The owner or operator shall monitor and inspect each control device required to comply with this section to ensure proper operation and maintenance of the control device by implementing the following requirements:
(1) install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that provides a record of vent stream flow from each affected process vent to the control device at least once every hour. The flow indicator sensor shall be installed in the vent stream at the nearest feasible point to the control device inlet, but before being combined with other vent streams;
(2) install, calibrate, maintain, and operate according to the manufacturer's specifications a device to continuously monitor control device operation as specified below:
(A) for a thermal vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. The temperature sensor shall be installed at a location in the combustion chamber downstream of the combustion zone;
(B) for a catalytic vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature at two locations and have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. One temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed outlet;
(C) for a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame;
(D) for a boiler or process heater having a design heat input capacity less than 44 MW, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. The temperature sensor shall be installed at a location in the furnace downstream of the combustion zone;
(E) for a boiler or process heater having a design heat input capacity greater than or equal to 44 MW, a monitoring device equipped with a continuous recorder to measure a parameter(s) that indicates good combustion operating practices are being used;
(F) for a condenser, either:
1. a monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the condenser; or
2. a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature with an accuracy of + 1 percent of the temperature being monitored in degrees Celsius (<<super>>o C) or + 0.5 <<super>>o C, whichever is greater. The temperature sensor shall be installed at a location in the exhaust vent stream from the condenser exit (i.e., product side).
(G) for a  carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly in the control device, either:
1. a monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the carbon bed; or
2. a monitoring device equipped with a continuous recorder to measure a parameter that indicates the carbon bed is regenerated on a regular, predetermined time cycle;
(3) inspect the readings from each monitoring device required by subsections  (f)(1) and (2) of this section at least once each operating day to check control device operation and, if necessary, immediately implement the corrective measures necessary to ensure the control device operates in compliance with the requirements of this section.
(g) An owner or operator using a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device, shall replace the existing carbon in the control device with fresh carbon at a regular, pre-determined time interval that is no longer than the carbon service life established as a requirement of Section 66265.1035(b)(4)(C)6.
(h) An owner or operator using a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly on-site in the control device shall replace the existing carbon in the carbon device with fresh carbon on a regular basis by using one of the following procedures:
(1) monitor the concentration level of the organic compounds in the exhaust vent system from the carbon adsorption system on a regular schedule and replace the existing carbon with fresh carbon immediately when carbon breakthrough is indicated. The monitoring frequency shall be daily or at an interval no greater than twenty (20) percent of the time required to consume the total carbon working capacity established as a requirement of Section 66265.1035(b)(4)(C)7, whichever is longer; and
(2) replace the existing carbon with fresh carbon at a regular, pre-determined time interval that is less than the design carbon replacement interval established as a requirement of Section 66265.1035(b)(4)(C)7.
(i) An owner or operator of an affected facility seeking to comply with the provisions of this part by using a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system shall develop documentation including sufficient information to describe the control device operation and identify the process parameter or parameters that indicate proper operation and maintenance of the control device.
(j) A closed-vent system shall meet either of the following design requirements:
(1) A closed-vent system shall be designed to operate with no detectable emissions, as indicated by an instrument reading of less than 500 ppmv above background as determined by the procedure in section 66265.1034(b), and by visual inspections; or
(2) A closed-vent system shall be designed to operate at a pressure below atmospheric pressure. The system shall be equipped with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the control device is operating.
(k) The owner or operator shall monitor and inspect each closed-vent system required to comply with this section to ensure proper operation and maintenance of the closed-vent system by implementing the following requirements:
(1) Each closed-vent system that is used to comply with subsection (j)(1) of this section shall be inspected and monitored in accordance with the following requirements:
(A) An initial leak detection monitoring of the closed-vent system shall be conducted by the owner or operator on or before the date that the system becomes subject to this section. The owner or operator shall monitor the closed-vent system components and connections using the procedures specified in section 66265.1034(b) to demonstrate that the closed-vent system operates with no detectable emissions, as indicated by an instrument reading of less than 500 ppmv above background.
(B) After initial leak detection monitoring required in subsection (k)(1)(A) of this section, the owner or operator shall inspect and monitor the closed-vent system as follows:
1. Closed-vent system joints, seams, or other connections that are permanently or semi-permanently sealed (e.g., a welded joint between two sections of hard piping or a bolted and gasketed ducting flange) shall be visually inspected at least once per year to check for defects that could result in air pollutant emissions. The owner or operator shall monitor a component or connection using the procedures specified in section 66265.1034(b) to demonstrate that it operates with no detectable emissions following any time the component is repaired or replaced (e.g., a section of damaged hard piping is replaced with new hard piping) or the connection is unsealed (e.g., a flange is unbolted).
2. Closed-vent system components or connections other than those specified in subsection (k)(1)(B)1. of this section shall be monitored annually and at other times as requested by the Department, except as provided for in subsection (n) of this section, using the procedures specified in section 265.1034(b) of this article to demonstrate that the components or connections operate with no detectable emissions.
(C) In the event that a defect or leak is detected, the owner or operator shall repair the defect or leak in accordance with the requirements of subsection (k)(3) of this section.
(D) The owner or operator shall maintain a record of the inspection and monitoring in accordance with the requirements specified in section 66265.1035.
(2) Each closed-vent system that is used to comply with subsection (j)(2) of this section shall be inspected and monitored in accordance with the following requirements:
(A) The closed-vent system shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in ductwork or piping or loose connections.
(B) The owner or operator shall perform an initial inspection of the closed-vent system on or before the date that the system becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year.
(C) In the event that a defect or leak is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k)(3) of this section.
(D) The owner or operator shall maintain a record of the inspection and monitoring in accordance with the requirements specified in section 66265.1035.
(3) The owner or operator shall repair all detected defects as follows:
(A) Detectable emissions, as indicated by visual inspection, or by an instrument reading greater than 500 ppmv above background, shall be controlled as soon as practicable, but not later than 15 calendar days after the emission is detected, except as provided for in subsection (k)(3)(C) of this section.
(B) A first attempt at repair shall be made no later than 5 calendar days after the emission is detected.
(C) Delay of repair of a closed-vent system for which leaks have been detected is allowed if the repair is technically infeasible without a process unit shutdown, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be completed by the end of the next process unit shutdown.
(D) The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified in section 66265.1035.
(l) Closed-vent systems and control devices used to comply with provisions of this article shall be operated at all times when emissions may be vented to them.
(m) The owner or operator using a carbon adsorption system to control air pollutant emissions shall document that all carbon that is a hazardous waste and that is removed from the control device is managed in one of the following manners, regardless of the average volatile organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal treatment unit that meets one of the following:
(A) The owner or operator of the unit has been issued a final permit under chapter 20 which implements the requirements of chapter 14, article 16; or
(B) The unit is equipped with and operating air emission controls in accordance with the applicable requirements of articles 27 and 30 of either this article or of chapter 14; or
(C) The unit is equipped with and operating air emission controls in accordance with a national emission standard for hazardous air pollutants under 40 CFR part 61 or 40 CFR part 63.
(2) Incinerated in a hazardous waste incinerator for which the owner or operator either:
(A) Has been issued a final permit under chapter 20 which implements the requirements of chapter 14, article 15; or
(B) Has designed and operates the incinerator in accordance with the interim status requirements of article 15 of this chapter.
(3) Burned in a boiler or industrial furnace for which the owner or operator either:
(A) Has been issued a final permit under chapter 20 which implements the requirements of chapter 16, article 8; or
(B) Has designed and operates the boiler or industrial furnace in accordance with the interim status requirements of chapter 16, article 8.
(n) Any components of a closed-vent system that are designated, as described in section 66265.1035(c)(9), as unsafe to monitor are exempt from the requirements of subsection (k)(1)(B)2. of this section if:
(1) The owner or operator of the closed-vent system determines that the components of the closed-vent system are unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with subsection (k)(1)(B)2. of this section; and
(2) The owner or operator of the closed-vent system adheres to a written plan that requires monitoring the closed-vent system components using the procedure specified in subsection (k)(1)(B)2. of this section as frequently as practicable during safe-to-monitor times.
NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.1033.




s 66265.1034. Test Methods and Procedures.
 (a) Each owner or operator subject to the provisions of this article shall comply with the test methods and procedures requirements provided in this section.
(b) When a closed-vent system is tested for compliance with the "no detectable emissions", requirements in Section 66265.1033(k), the test shall comply with the following requirements:
(1) monitoring shall comply with Reference Method 21 in 40 CFR, part 60;
(2) the detection instrument shall meet the performance criteria of Reference Method 21;
(3) the instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21;
(4) calibration gases shall be:
(A) zero air (less than 10 ppm of hydrocarbon in air);
(B) a mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane;
(5) the background level shall be determined as set forth in Reference Method 21;
(6) the instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21; and
(7) the arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.
(c) Performance tests to determine compliance with Section 66265.1032(a) and with the total organic compound concentration limit of Section 66265.1033(c) shall comply with the following:
(1) performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with the following reference methods and calculation procedures:
(A) method 2 in 40 CFR, Part 60, incorporated by reference in Section 66260.11 of this chapter, for velocity and volumetric flow rate;
(B) method 18 in 40 CFR, Part 60, incorporated by reference in Section 66260.11 of this division, for organic content;
(C) each performance test shall consist of three separate runs; each run conducted for at least one hour under the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. For the purpose of determining total organic compound concentrations and mass flow rates, the average of results of all runs shall apply. The average shall be computed on a time-weighted basis;
(D) total organic mass flow rates shall be determined by the following equation:
 n
Eh = Qsd   [R  Ci MWi] [0.0416] [10<<super>>-6]
 i=1
where:
Eh  =  Total organic mass flow rate, kg/h;
Qsd =  Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dry standard m<<super>>3  /hour;
n=  Number of organic compounds in the vent gas;
Ci  =   Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;
MWi  =   Molecular weight of organic compound in the vent gas, kg/kg- mol;
0.0416=   Conversion factor for molar volume, kg-mol/m<<super>>3 (at 293 K and 760 mm Hg);
10<<super>>-6 = Conversion from ppm, ppm<<super>>-1.
(E) the annual total organic emission rate shall be determined by the following equation:
EA  =  (Eh) (H)
where:
EA =   Total organic mass emission rate, kg/y;
Eh  =  As determined in paragraph (c)(1)(D) of this section;
H=   Total annual hours of operations for the affected unit, h.
(F) total organic emissions from all affected process vents at the facility shall be determined by summing the hourly total organic mass flow rates (Eh, as determined in subsection (c)(1)(D) of this section) and by summing the annual total organic mass emission rates (EA, as determined in paragraph (c)(1)(E) of this section for all affected process vents at the facility; and
(2) the owner or operator shall record such process information as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test;
(3) the owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows:
(A) sampling ports adequate for the test methods specified in subsection (c)(1) of this section.
(B) safe sampling platform(s);
(C) safe access to sampling platform(s); and
(D) utilities for sampling and testing equipment; and
(4) for the purpose of making compliance determinations, the time-weighted average of the results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the same train, extreme meteorological conditions, or other circumstances beyond the owner's or operator's control, compliance may, upon the Department's written approval, be determined using the average of the results of the two other runs.
(d) To show that a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of this article, the owner or operator shall make an initial determination that the time-weighted, annual average total organic concentration of the waste managed by the waste management unit is less than 10 ppmw using one of the following two methods:
(1) direct measurement of the organic concentration of the waste using the following procedures:
(A) the owner or operator shall take a minimum of four grab samples of waste for each waste stream managed in the affected unit under process conditions expected to cause the maximum waste organic concentration;
(B) for waste generated on-site, the grab samples shall be collected at a point before the waste is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the waste after generation to the first affected distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For waste generated offsite, the grab samples shall be collected at the inlet to the first waste management unit that receives the waste, provided the waste has been transferred to the facility in a closed system such as a tank truck and the waste is not diluted or mixed with other waste;
(C) each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method 9060 or 8260 of SW-846 (incorporated by reference under Section 66260.11); and
(D) the arithmetic mean of the results of the analyses of the four samples shall apply for each waste stream managed in the unit in determining the time-weighted, annual average total organic concentration of the waste. The time-weighted average shall be calculated using the annual quantity of each waste stream processed and the mean organic concentration of each waste stream managed in the unit;
(2) use of knowledge of the waste to determine that its total organic concentration is less than 10 ppmw. Documentation of the waste determination is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to generate a waste stream having a total organic content less than 10 ppmw, or prior speciation analysis results on the same waste stream where it can also be documented that no process changes have occurred since that analysis that could affect the waste total organic concentration.
(e) The determination that distillation, fractionation, thin- film evaporation, solvent extraction, or air or steam stripping operations manage hazardous wastes with time-weighted annual average total organic concentrations less than 10 ppmw shall be made as follows:
(1) by the effective date that the facility becomes subject to the provisions of this article or by the date when the waste is first managed in a waste management unit, whichever is later; and
(A) for continuously generated waste, annually; or
(B) whenever there is a change in the waste being managed or a change in the process that generates or treats the waste.
(f) When an owner or operator and the Department do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous waste with organic concentrations of at least 10 ppmw based on knowledge of the waste, the procedures in Method 8260 of SW-846 (incorporated by reference under section 66260.11) shall be used to resolve the dispute.
NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR, Section 265.1034.




s 66265.1035. Recordkeeping Requirements.
 (a)(1) Each owner or operator subject to the provisions of this article shall comply with the recordkeeping requirements of this section.
(2) An owner or operator of more than one hazardous waste management unit subject to the provisions of this article may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.
(b) Owners and operators shall record or include the following information in the facility operating record:
(1) for facilities that comply with the provisions of Section 66265.1033(a)(2), an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The schedule shall also include a rationale of why the installation cannot be completed at an earlier date. The implementation schedule shall be in the facility operating record by the effective date that the facility becomes subject to the provisions of this article;
(2) up-to-date documentation of compliance with the process vent standards in Section 66265.1032. including:
(A) information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous waste management units on a facility plot plan); and
(B) information and data supporting determinations of vent emissions and emission reductions achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, determinations of vent emissions and emission reductions shall be made using operating parameter values (e.g., temperatures, flow rates or vent stream organic compounds and concentrations) that represent the conditions that result in maximum organic emissions, such as when the waste management unit is operating at the highest load or capacity level reasonably expected to occur. If the owner or operator takes any action (e.g., managing a waste of different composition or increasing operating hours of affected waste management units) that would result in an increase in total organic emissions from affected process vents at the facility, then a new determination is required.
(3) Where an owner or operator chooses to use test data to determine the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan. The test plan shall include:
(A) a description of how it is determined that the planned test is going to be conducted when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. This shall include the estimated or design acceptable operating ranges of key process and control device parameters during the test program;
(B) a detailed engineering description of the closed-vent system and control device including:
1. manufacturer's name and model number of control device;
2. type of control device;
3. dimensions of the control device;
4. capacity;
5. construction materials; and
(C) a detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.
(4) Documentation of compliance with Section 66265.1033. Documentation shall include the following information:
(A) a list of all information references and sources used in preparing the documentation;
(B) records, including the dates of each compliance test required by Section 66265.1033(j);
(C) if engineering calculations are used, a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in Section 66260.11) or other engineering texts acceptable to the Department that present basic control device design information. Documentation provided by the control device manufacturer or vendor that describes the control device design in accordance with subsections (b)(4)(C)1 through (b)(4)(C)7 of this section shall be required to be submitted to the Department to comply with this requirement. The design analysis shall address the vent stream characteristics and control device operation parameters as specified below:
1. for a thermal vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average temperature in the combustion zone and the combustion zone residence time;
2. for a catalytic vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations and flow rate. The design analysis shall also establish the design minimum and average temperatures across the catalyst bed inlet and outlet;
3. for a boiler or process heater, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average flame zone temperatures, combustion zone residence time, and description of method and location where the vent stream is introduced into the combustion zone;
4. for a flare, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also consider the requirements specified in Section 66265.1033(d).
5. for a condenser, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic compound concentration level, design average temperature of the condenser exhaust vent stream, and design average temperatures of the coolant fluid at the condenser inlet and outlet;
6. for a carbon adsorption system such as a fixed-bed adsorber that regenerates the carbon bed directly on-site in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design exhaust vent stream organic compound concentration level, number and capacity of carbon beds, type and working capacity of activated carbon used for carbon beds, design total steam flow over the period of each complete carbon bed regeneration cycle, duration of the carbon bed steaming and cooling/drying cycles, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of carbon; and
7. for a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly on-site in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule; and
(D) a statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur;
(E) a statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 percent or greater unless the total organic concentration limit of Section 66265.1032(a) is achieved at an efficiency less than 95 weight percent or the total organic emission limits of Section 66265.1032(a) for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent. A statement signed and dated by the control device manufacturer or vendor certifying that the control equipment meets the design specifications may be used to comply with this requirement; and
(F) if performance tests are used to demonstrate compliance, all test results.
(c) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of this chapter shall be recorded and kept up-to-date in the facility operating record. The information shall include:
(1) description and date of each modification that is made to the closed-vent system or control device design;
(2) identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with Section 66265.1033(f)(1) and (f)(2);
(3) monitoring, operating and inspection information required by subsections  (f) through (k) of Section 66265.1033;
(4) date, time, and duration of each period of control device operation when any monitored parameter exceeds the value established in the control device design analysis as specified below:
(A) for a thermal vapor incinerator designed to operate with a minimum residence time of 0.50 seconds at a minimum temperature of 760 degrees C, period when the combustion temperature is below 760 degrees C;
(B) for a thermal vapor incinerator designed to operate with an organic emission reduction efficiency of 95 percent or greater, period when the combustion zone temperature is more than 28 degrees C below the design average combustion zone temperature established as a requirement of subsection (b)(4)(C)1 of this section;
(C) for a catalytic vapor incinerator, period when:
1. temperature of the vent stream at the catalyst bed inlet is more than 28 degrees C below the average temperature of the inlet vent stream established as a requirement of subsection (b)(4)(C)2 of this section; or
2. temperature difference across the catalyst bed is less than eighty (80) percent of the design average temperature difference established as a requirement of subsection (b)(4)(C)2 of this section; and
(D) for a boiler or process heater, period when:
1. flame zone temperature is more than 28 degrees C below the design average flame zone temperature established as a requirement of subsection (b)(4)(C)3 of this section; or
2. position changes where the vent stream is introduced to the combustion zone from the location established as a requirement of subsection (b)(4)(C)3 of this section;
(E) for a flare, period when the pilot flame is not ignited;
(F) for a condenser that complies with Section 66265.1033(f)(2)(F)1, period when the organic compound concentration level or readings of organic compounds in the exhaust vent stream from the condenser are more than twenty (20) percent greater than the design outlet organic compound concentration level established as a requirement of subsection (b)(4)(C)5 of this section;
(G) for a condenser that complies with Section 66265.1033(f)(2)(F)2, period when:
1. temperature of the exhaust vent stream from the condenser is more than 6 degrees C above the design average exhaust vent stream temperature established as a requirement of subsection (b)(4)(C)5 of this section; or
2. temperature of the coolant fluid exiting the condenser is more than 6 degrees C above the design average coolant fluid temperature at the condenser outlet established as a requirement of subsection (b)(4)(C)5 of this section;
(H) for a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device and complies with Section 66265.1033(f)(2)(G)1, period when the organic compound concentration level or readings of organic compounds in the exhaust vent stream from the carbon exhaust vent stream organic compound concentration level established as a requirement of subsection (b)(4)(C)6 of this section;
(I) for a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device and complies with Section 66265.1033(f)(2)(G)2, period when the vent stream continues to flow through the control device beyond the predetermined carbon bed regeneration time established as a requirement of subsection (b)(4)(C)6 of this section;
(5) explanation for each period recorded under subsection (c)(4) of this section of the cause for control device operating parameter exceeding the design value and the measures implemented to correct the control device operation;
(6) for carbon adsorption systems operated subject to requirements specified in Section 66265.1033(g) or Section 66265.1033(h)(2), date when existing carbon in the control device is replaced with fresh carbon;
(7) for carbon adsorption systems operated subject to requirements specified in Section 66265.1033(h)(1), a log that records:
(A) date and time when control device is monitored for carbon breakthrough and the monitoring device reading;
(B) date when existing carbon in the control device is replaced with fresh carbon;
(8) date of each control device startup and shutdown;
(9) An owner or operator designating any components of a closed-vent system as unsafe to monitor pursuant to section 66265.1033(n) shall record in a log that is kept in the facility operating record the identification of closed-vent system components that are designated as unsafe to monitor in accordance with the requirements of section 66265.1033(n), an explanation for each closed-vent system component stating why the closed-vent system component is unsafe to monitor, and the plan for monitoring each closed-vent system component.
(10) when each leak is detected as specified in section 66265.1033(k), the following information shall be recorded:
(A) the instrument identification number, the closed-vent system component identification number, and the operator name, initials, or identification number;
(B) the date the leak was detected and the date of first attempt to repair the leak;
(C) the date of successful repair of the leak.
(D) maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix A after it is successfully repaired or determined to be nonrepairable.
(E) "Repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.
1. the owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure.
2. if delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked on-site before depletion and the reason for depletion.
(d) Records of the monitoring, operating, and inspection information required by subsections (c)(3) through (c)(10) of this section shall be maintained by the owner or operator for at least 3 years following the date of each occurrence, measurement, maintenance, corrective action, or record.
(e) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, monitoring and inspection information indicating proper operation and maintenance of the control device must be recorded in the facility operating record.
(f) Up-to-date information and data used to determine whether or not a process vent is subject to the requirements in Section 66265.1032, including supporting documentation as required by Section 66265.1034(d)(2) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used, shall be recorded in a log that is kept in the facility operating record.
NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR, Section 265.1035.




s 66265.1050. Applicability.
 (a) The regulations in this article apply to owners and operators of facilities that treat, store, or dispose of RCRA hazardous wastes (except as provided in Section 66265.1).
(b) Except as provided in Section 66265.1064(k), this article applies to equipment that contains or contacts RCRA hazardous wastes with organic concentrations of at least ten percent by weight that are managed in:
(1) a unit that is subject to the permitting requirements of chapter 20, or
(2) a unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of section 66262.34(a) (i.e., a hazardous waste recycling unit that is not a "90-day" tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of chapter 20, or
(3) a unit that is exempt from permitting under the provisions of 66262.34(a) (i.e., a "90-day" tank or container) and is not a recycling unit under the provisions of section 66261.6.
(c) Each piece of equipment to which this article applies shall be marked in such a manner that it can be distinguished readily from other pieces of equipment.
(d) Equipment that is in vacuum service is excluded from the requirements of Section 66265.1052 through Section 66265.1060 if it is identified as required in Section 66265.1064(g)(5).
(e) Equipment that contains or contacts hazardous waste with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year is excluded from the requirements of sections 66265.1052 through 66265.1060 if it is identified, as required in section 66265.1064(g)(6).
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR, Section 265.1050. 
  
 



s 66265.1052. Standards: Pumps in Light Liquid Service.
 (a)(1) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in Section 66265.1063(b), except as provided in subsections (d), (e), and (f) of this section.
(2) Each pump in light liquid service shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal.
(b)(1) If an instrument reading of 10,000 or greater is measured, a leak is detected.
(2) If there are indications of liquids dripping from the pump seal, a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than fifteen (15) calendar days after it is detected, except as provided in Section 66265.1059.
(2) A first attempt at repair (e.g., tightening the packing gland) shall be made no later than 24 hours after each leak is detected.
(d) Each pump equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of subsection (a), provided the following requirements are met:
(1) each dual mechanical seal system shall be:
(A) operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure; or
(B) equipped with a barrier fluid degassing reservoir that is connected by a closed-vent system to a control device that complies with the requirements of Section 66265.1060; or
(C) equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to the atmosphere.
(2) The barrier fluid system shall not be a hazardous waste with organic concentrations ten percent or greater by weight.
(3) Each barrier fluid system shall be equipped with a sensor that will detect failure of the seal system, the barrier fluid system or both.
(4) Each pump shall be checked by visual inspection, each calendar week, for indications of liquids dripping from the pump seals.
(5)(A) Each sensor as described in subsection (d)(3) of this section shall be checked daily or be equipped with an audible alarm that shall be checked monthly to ensure that it is functioning properly.
(B) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.
(6)(A) If there are indications of liquids dripping from the pump seal or the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined in subsection (d)(5)(B) of this section, a leak is detected.
(B) When a leak is detected, it shall be repaired as soon as practicable, but not later than fifteen (15) calendar days after it is detected, except as provided in Section 66265.1059.
(C) A first attempt at repair (e.g., relapping the seal) shall be made no later than 24 hours after each leak is detected.
(e) Any pump that is designated, as described in Section 66265.1064(g)(2), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subsections (a), (c), and (d) of this section if the pump meets the following requirements:
(1) the pump shall have no externally actuated shaft penetrating the pump housing;
(2) the pump shall operate with no detectable emissions as indicated by an instrument reading of less than 500 ppm above background as measured by the methods specified in Section 66265.1063(c);
(3) the pump shall be tested for compliance with subsection (e)(2) of this section initially upon designation, annually, and at other times as required by the Department.
(f) if any pump is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal or seals to a control device that complies with the requirements of Section 66265.1060, it is exempt from the requirements of subsections (a) through (e) of this section.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1052. 
  

 



s 66265.1053. Standards: Compressors.
 (a) Each compressor shall be equipped with a seal system that includes a barrier fluid system and that prevents leakage of total organic emissions to the atmosphere, except as provided in subsections (h) and (i) of this section.
(b) Each compressor seal system as required in subsection (a) of this section shall be:
(1) operated with the barrier fluid at a pressure that is at all times greater than the compressor stuffing box pressure; or
(2) equipped with a barrier fluid system that is connected by a closed-vent system to a control device that complies with the requirements of Section 66265.1060; or
(3) equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to the atmosphere.
(c) The barrier fluid shall not be a hazardous waste with organic concentrations ten percent or greater by weight.
(d) Each barrier fluid system as described in subsections (a) through (c) of this section shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both.
(e)(1) Each sensor as required in subsection (d) of this section shall be checked daily or shall be equipped with an audible alarm that shall be checked monthly to ensure that it is functioning properly unless the compressor is located within the boundary of an unstaffed plant site, in which case the sensor shall be checked daily.
(2) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system or both.
(f) If the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined under subsection (e)(2) of this section, a leak is detected.
(g)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than fifteen (15) calendar days after it is detected, except as provided in Section 66265.1059.
(2) A first attempt at repair (e.g., tightening the packing gland) shall be made as soon as possible, to minimize escape of hazardous constituents to the environment, but no later than 24 hours after each leak is detected.
(h) A compressor is exempt from the requirements of subsections (a) and (b) of this section if it is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal to a control device that complies with the requirements of Section 66265.1060, except as provided in subsection (i) of this section.
(i) Any compressor that is designated, as described in Section 66265.1064(g)(2), for no detectable emission as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subsections (a) through (h) of this section if the compressor:
(1) is determined to be operating with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in Section 66265.1063(c); and
(2) is tested for compliance with subsection (i)(1) of this section initially upon designation, annually, and at any other time as requested by the Department upon a determination by the Department that testing for compliance is necessary to protect human health or the environment.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1053. 
  
 



s 66265.1054. Standards: Pressure Relief Devices in Gas/Vapor Service.
 (a) Except during pressure releases, each pressure relief device in gas/vapor service shall be operated with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in Section 66265.1063(c).
(b)(1) After each pressure release, the pressure relief device shall be returned to a condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as soon as practicable, but no later than 24 hours after each pressure release, except as provided in Section 66265.1059.
(2) No later than 24 hours after the pressure release, the pressure relief device shall be monitored to confirm the condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in Section 66265.1063(c).
(c) Any pressure relief device that is equipped with a closed-vent system capable of capturing and transporting leakage from the pressure relief device to a control device as described in Section 66265.1060 is exempt from the requirements of subsections (a) and (b) of this section.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1054. 
  
 



s 66265.1055. Standards: Sampling Connecting Systems.
 (a) Each sampling connection system shall be equipped with a closed-purge system or closed-vent system.
(b) Each closed-purge system or closed-vent system as required in subsection  (a) shall:
(1) return the purged hazardous waste stream directly to the hazardous waste management process line with no detectable emissions to atmosphere; or
(2) collect and recycle the purged hazardous waste stream with no detectable emissions to atmosphere; or
(3) be designed and operated to capture and transport all the purged hazardous waste stream to a control device that complies with the requirements of Section 66265.1060.
(c) In situ sampling systems are exempt from the requirements of subsections  (a) and (b) of this section.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1055. 
  
 



s 66265.1056. Standards: Open-ended Valves or Lines.
 (a)(1) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve.
(2) The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring hazardous waste stream flow through the open-ended valve or line.
(b) Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the hazardous waste stream end is closed before the second valve is closed.
(c) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with subsection (a) of this section at all other times.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1056. 
  
 



s 66265.1057. Standards: Valves in Gas/Vapor Service or in Light Liquid Service.
 (a) Each valve in gas/vapor or light liquid service shall be monitored monthly to detect leaks by the methods specified in Section 66265.1063(b) except when in compliance with subsections (c) and shall comply with (d) and (e) of this section, except as provided in subsections (f), (g), and (h) of this section and Sections 66265.1061 and 66265.1062.
(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(c)(1) Any valve for which a leak is not detected for two successive months shall be monitored the first month of every succeeding quarter, beginning with the next quarter, until a leak is detected.
(2) If a leak is detected, the valve shall be monitored monthly until a leak is not detected for two successive months.
(d)(1) When a leak is detected, the valve shall be repaired as soon as practicable, but no later than fifteen (15) calendar days after the leak is detected, except as provided in Section 66265.1059.
(2) A first attempt at repair shall be made as soon as possible, to minimize escape of hazardous constituents to the environment, but no later than 24 hours after each leak is detected.
(e) First attempts at repair include, but are not limited to, the following best practices where practicable:
(1) tightening of bonnet bolts;
(2) replacements of bonnet bolts;
(3) tightening of packing gland nuts; and
(4) inspection of lubricant into lubricated packing.
(f) Any valve that is designated, as described in Section 66265.1064(g)(2), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subsection (a) of this section if the valve:
(1) has no external actuating mechanism in contact with the hazardous waste stream;
(2) is operated with emissions less than 500 ppm above background as determined by the method specified in Section 66265.1063(c); and
(3) is tested for compliance with subsection (f)(2) of this section initially upon designation, annually, and at other times as requested by the Department.
(g) Any valve that is designated, as described in Section 66265.1064(h)(1), as an unsafe-to-monitor valve is exempt from the requirements of subsection (a) of this section if:
(1) the owner or operator of the valve determines (written explanation in the operating record) that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with subsection (a) of this section; and
(2) the owner or operator of the valve adheres to a written plan that requires monitoring of the valve as frequently as practicable.
(h) Any valve that is designated, as described in Section 66265.1064(h)(2), as a difficult-to-monitor valve is exempt from the requirements of subsection (a) of this section if:
(1) the owner or operator of the valve determines that the valve cannot be monitored without elevating the monitoring personnel more than two meters above a support surface; and
(2) the hazardous waste management unit within which the valve is located was in operation before effective date of this regulation; and
(3) the owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1057. 
  
 



s 66265.1058. Standards: Pumps and Valves in Heavy Liquid Service, Pressure Relief Devices in Light Liquid or Heavy Liquid Service, and Flanges and Other Connectors.
 (a) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors shall be monitored within five days by the method specified in Section 66265.1063(b) if evidence of a potential leak is found by visual, audible, olfactory, or any other detection method.
(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than fifteen (15) calendar days after it is detected, except as provided in Section 66265.1059.
(2) The first attempt at repair shall be made as soon as possible, to minimize escape of hazardous constituents to the environment, but no later than 24 hours after each leak is detected.
(d) First attempts at repair include, but are not limited to, the best practices described under Section 66265.1057(e).
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1058. 
  
 



s 66265.1059. Standards: Delay of Repair.
 (a) Delay of repair of equipment for which leaks have been detected will be allowed if the repair is technically infeasible without a hazardous waste management unit shutdown. In such a case, repair of this equipment shall occur before the end of the next hazardous waste management unit shutdown.
(b) Delay of repair of equipment for which leaks have been detected will be allowed for equipment that is isolated from the hazardous waste management unit and that does not continue to contain or contact hazardous waste with organic concentrations at least ten percent by weight.
(c) Delay of repair for valves will be allowed if:
(1) The owner or operator determines that emissions of purged material resulting from immediate repair are greater than the emissions likely to result from delay of repair; and
(2) When repair procedures are effected, the purged material is collected and destroyed or recovered in a control device complying with Section 66265.1060.
(d) Delay or repair for pumps will be allowed if:
(1) Repair requires the use of a dual mechanical seal system that includes a barrier fluid system; and
(2) Repair is completed as soon as practicable, but not later than six months after the leak was detected.
(e) Delay of repair beyond a hazardous waste management unit shutdown will be allowed for a valve if valve assembly replacement is necessary during the hazardous waste management unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next hazardous waste management unit shutdown will not be allowed unless the next hazardous waste management unit shutdown occurs sooner than six months after the first hazardous waste management unit shutdown.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1059. 
  
 



s 66265.1060. Standards: Closed-vent Systems and Control Devices.
The owners or operators of closed-vent systems and control devices shall comply with the provisions of Section 66265.1033.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1060. 
  
 



s 66265.1061. Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Percentage of Valves Allowed to Leak.
 (a)  An owner or operator subject to the requirements of Section 66265.1057 may elect to have all valves within a hazardous waste management unit comply with an alternative standard which allows no greater than two percent of the valves to leak.
(b) The following requirements shall be met if an owner or operator decides to comply with an alternative standard which allows two percent of the valves to leak:
(1) the owner or operator shall notify the Department that the owner or operator has elected to comply with the requirements of this section;
(2) a performance test as specified in subsection (c) of this section shall be conducted initially upon designation, annually, and at any other time required by the Department upon a determination by the Department that a performance test is necessary to protect human health or the environment; and
(3) if a valve leak is detected, it shall be repaired in accordance with Sections 66265.1057(d) and (e).
(c) Performance tests shall be conducted in the following manner:
(1) all valves subject to the requirements in Section 66265.1057 within the hazardous waste management unit shall be monitored within a one week period by the methods specified in Section 66265.1063(b);
(2) if an instrument reading of 10,000 ppm or greater is measured, a leak is detected; and
(3) the leak percentage shall be determined by dividing the number of valves subject to the requirements in Section 66265.1057 for which leaks are detected by the total number of valves subject to the requirements in Section 66265.1057 within the hazardous waste management unit.
(d) If an owner or operator decides no longer to comply with this section, the owner or operator shall notify the Department in writing that the work practice standard described in Section 66265.1057(a) through (e) will be followed.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1061. 
  
 



s 66265.1062. Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Skip Period Leak Detection and Repair.
 (a)(1) An owner or operator subject to the requirements of Section 66265.1057 shall elect for all valves within a hazardous waste manage ment unit to comply with one of the alternative work practices specified in subsection (b)(2) and (3) of this section.
(2) An owner or operator shall notify the Department before implementing one of the alternative work practices.
(b)(1) An owner or operator shall comply with the requirements for valves, as described in Section 66265.1057, except as described in subsections (b)(2) and (b)(3) of this section.
(2) After two consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, an owner or operator may begin to skip one of the quarterly leak detection periods for the valves subject to the requirements in Section 66265.1057.
(3) After five consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, an owner or operator may begin to skip three of the quarterly leak detection periods for the valves subject to the requirements in Section 66265.1057.
(4) If the percentage of valves leaking is greater than 2 percent, the owner or operator shall monitor all valves monthly in compliance with the requirements in Section 66265.1057, but may again elect to use this section after meeting the requirements of Section 66265.1057(c)(1).
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1062. 
  
 



s 66265.1063. Test Methods and Procedures.
 (a) Each owner or operator subject to the provisions of this article shall comply with the test methods and procedures requirements provided in this section.
(b) Leak detection monitoring, as required in Sections 66265.1052 through 66265.1062, shall comply with the following requirements:
(1) monitoring shall comply with Reference Method 21 in 40 CFR, part 60, incorporated by reference in Section 66260.11 of this chapter.
(2) the detection instrument shall meet the performance criteria of Reference Method 21.
(3) the instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21;
(4) Calibration gases shall be:
(A) zero air (less than 10 ppm of hydrocarbon in air);
(B) a mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.
(5) the instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.
(c) When equipment is tested for compliance with no detectable emissions, as required in Sections 66265.1052(e), 66265.1053(i), 66265.1054, and 66265.1057(f), the test shall comply with the following requirements:
(1) the requirements of subsections (b)(1) through (4) of this section shall apply;
(2) the background level shall be determined, as set forth in Reference Method 21;
(3) the instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21; and
(4) the arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared with 500 ppm for determining compliance.
(d) In accordance with the waste analysis plan required by Section 66265.13(b), an owner or operator of a facility shall determine, for each piece of equipment, whether the equipment contains or contacts a hazardous waste with organic concentration that equals or exceeds 10 percent by weight using the following:
(1) methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85  (incorporated by reference under Section 260.11);
(2) method 9060 or 8260 of SW-846 (incorporated by reference under Section 66260.11); or
(3) application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced. Documentation of a waste determination by knowledge is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to have a total organic content less than 10 percent, or prior speciation analysis results on the same waste stream where it can also be documented that no process changes have occurred since that analysis that could affect the total organic concentration of the  waste.
(e) If an owner or operator determines that a piece of equipment contains or contacts a hazardous waste with organic concentration at least 10 percent by weight, the determination can be revised only after following the procedures in subsection (d)(1) or (d)(2) of this section.
(f) When an owner or operator and the Department do not agree on whether a piece of equipment contains or contacts a hazardous waste with organic concentrations at least 10 percent by weight, the procedures in subsection (d)(1) or (d)(2) of this section shall be used to resolve the dispute.
(g) Samples used in determining the percent organic content shall be representative of the highest total organic content hazardous waste that is expected to be contained in or contact the equipment.
(h) To determine if pumps or valves are in light liquid service, the vapor pressures of constituents may be obtained from standard reference texts or may be determined by ASTM  D-2879-86 (incorporated by reference under Section 260.11).
(i) Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall comply with the procedures of Section 66265.1034(c)(1) through (c)(4).
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1063. 
  
 



s 66265.1064. Recordkeeping Requirements.
 (a)(1) Each owner or operator subject to the provisions of this article shall comply with the recordkeeping requirements of this section.
(2) An owner or operator of more than one hazardous waste management unit subject to the provisions of this article may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.
(b) Owners and operators shall record the following information in the facility operating record:
(1) for each piece of equipment to which this article applies:
(A) equipment identification number and hazardous waste management unit identification;
(B) approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan);
(C) type of equipment (e.g., a pump or pipeline valve);
(D) percent-by-weight total organics in the hazardous waste stream at the equipment;
(E) hazardous waste state at the equipment (e.g., gas/vapor or liquid);
(F) method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals");
(2) for facilities that comply with the provisions of Section 66265.1033(a)(2), an implementation schedule as specified in Section 66265.1033(a)(2);
(3) an owner or operator who chooses to use test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device, shall record a performance test plan as specified in Section 66265.1035(b)(3); and
(4) Documentation of compliance with Section 66265.1060, including the detailed design documentation or performance test results specified in Section 66265.1035(b)(4).
(c) When each leak is detected as specified in Sections 66265.1052, 66265.1053, 66265.1057, and 66265.1058, the following requirements apply:
(1) a weatherproof and readily visible identification, marked with the equipment identification number, the date evidence of a potential leak was found in accordance with Section 66265.1058(a), and the date the leak was detected, shall be attached to the leaking equipment;
(2) the identification on equipment, except on a valve, may be removed after it has been repaired; and
(3) the identification on a valve may be removed after it has been monitored for 2 successive months as specified in Section 66265.1057(c) and no leak has been detected during those 2 months.
(d) When each leak is detected as specified in Sections 66265.1052, 66265.1053, 66265.1057, and 66265.1058, the following information shall be recorded in an inspection log and shall be kept in the facility operating record:
(1) the instrument and operator identification number and the equipment identification number;
(2) the date evidence of a potential leak was found in accordance with Section 66265.1058(a);
(3) the date the leak was detected and the date of each attempt to repair the leak;
(4) repair methods applied in each attempt to repair the leak;
(5) "above 10,000" if the maximum instrument reading measured by the methods specified in Section 66265.1063(b) after each repair attempt is equal to or greater than 10,000 ppm;
(6) "repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak;
(7) source of documentation supporting the delay of repair of a valve in compliance with Section 66265.1059(c);
(8) name and the signature of the owner or operator (or designee) whose decision it was that repair could not be effected without a hazardous waste management unit shutdown;
(9) the expected date of successful repair of the leak if a leak is not repaired within 15 calendar days; and
(10) the date of successful repair of the leak.
(e) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of Section 66265.1060 shall be recorded and kept up-to-date in the facility operating record as specified in Section 66265.1035(c). Design documentation is specified in Section 66265.1035(c)(1) and (c)(2) and monitoring, operating, and inspection information is specified in Section 66265.1035(c)(3)-(c)(8).
(f) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, monitoring and  inspection information indicating proper operation and  maintenance of the control device must be recorded in the facility operating record.
(g) The following information pertaining to all equipment subject to the requirements in Sections 66265.1052 through 66265.1060 shall be recorded in a log that is kept in the facility operating record:
(1) a list of identification numbers for equipment (except welded fittings) subject to the requirements of this article;
(2)(A) a list of identification numbers for equipment that the owner or operator elects to designate for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, under the provisions of Sections 66265.1052(e), 66265.1053(i), and 66265.1057(f);
(B) the designation of this equipment as subject to the requirements of Sections 66265.1052(e), 66265.1053(i), or 66265.1057(f) shall be signed by the owner or operator;
(3) a list of equipment identification numbers for pressure relief devices required to comply with Section 66265.1054(a);
(4)(A) the dates of each compliance test required in Sections 66265.1052(e), 66265.1053(i), 66265.1054, and 66265.1057(f);
(B) the background level measured during each compliance test;
(C) the maximum instrument reading measured at the equipment during each compliance test; and
(5) a list of identification numbers for equipment in vacuum service.
(h) The following information pertaining to all valves subject to the requirements of Section 66265.1057(g) and (h) shall be recorded in a log that is kept in the facility operating record:
(1) a list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve; and
(2) a list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the planned schedule for monitoring each valve.
(i) The following information shall be recorded in the facility operating record for valves complying with Section 66265.1062:
(1) a schedule of monitoring; and
(2) the percent of valves found leaking during each monitoring period.
(j) The following information shall be recorded in a log that is kept in the facility operating record:
(1) criteria required in Sections 66265.1052(d)(5)(A) and 66265.1053(e)(2) and an explanation of the criteria; and
(2) any changes to these criteria and the reasons for the changes.
(k) The following information shall be recorded in  a log that is kept in the facility operating record for use in determining exemptions as provided in the applicability section of this article and other specific articles:
(1) an analysis determining the design capacity of the hazardous waste management unit;
(2) a statement listing the hazardous waste influent to and effluent from each hazardous waste management unit subject to the requirements in Sections 66265.1052 through 66265.1060 and an analysis determining whether these hazardous wastes are heavy liquids; and
(3) an up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements in Sections 66265.1052 through 66265.1060. The record shall include supporting documentation as required by Section 66265.1063(d)(3) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used. If the owner or operator takes any action (e.g., changing the process that produced the waste) that could result in an increase in the total organic content of the waste contained in or contacted by equipment determined not to be subject to the requirements in Sections 66265.1052 through 66265.1060, then a new determination is required.
(l) Records of the equipment leak information required by subsection (d) of this section and the operating information required by subsection (e) of this section shall be kept 3 years.
(m) The owner or operator or any facility that is subject to this article and to regulations at 40 CFR part 60, article VV, or 40 CFR Part 61, Subpart V, may elect to determine compliance with this article  by documentation either pursuant to Section 66265.1064, or pursuant to those provisions of 40 CFR Part 60 or Part 61, to the extent that the documentation under the regulation at 40 CFR Part 60 or Part 61 duplicates the documentation required under this article. The documentation required by 40 CFR Part 60 or Part 61 shall be kept with or made readily available with the facility operating record.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1064. 
  
 



s 66265.1080. Applicability.
 (a) The requirements of this article apply