§ 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.

HISTORY

1. New section with renumbering and amendment of former section 66826 to subsection (a)(5), filed 5-24-91; effective 7-1-91 (Register 91, No. 22). A Certificate of Compliance for 5-6-91 order must be transmitted to OAL by 9-3-91 or emergency language will be repealed by operation of law on the following day.

2. Emergency order of 5-6-91 adopting subsection (a)(5) refiled, including further amendments, 9-3-91 as an emergency; operative 9-3-91 (Register 92, No. 17). A Certificate of Compliance must be transmitted to OAL 1-2-92 or emergency language will be repealed by operation of law on the following day.

3. New subsection (a)(5) refiled 4-20-92 as an emergency; operative 4-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 8-18-92 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 4-20-92 order including amendment of Notetransmitted to OAL 8-11-92 and filed 9-23-92 (Register 92, No. 39).

5. Repealer of subsections (a)(2)(B)-(C) filed 6-22-95 as an emergency; operative 6-22-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-20-95 or emergency language will be repealed by operation of law on the following day.

6. Repealer of subsections (a)(2)(B)-(C) refiled 10-20-95 as an emergency; operative 10-20-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-17-96 or emergency language will be repealed by operation of law on the following day.

7. Repealer of subsections (a)(2)(B)-(C) refiled 3-14-96 as an emergency; operative 3-14-96 (Register 96, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-12-96 or emergency language will be repealed by operation of law on the following day.

8. Amendment of subsection (a)(2)(E) and Note filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

9. Repealer of subsections (a)(2)(B)-(C) refiled 7-9-96 as an emergency; operative 7-9-96 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-6-96 or emergency language will be repealed by operation of law on the following day.

10. Repealer of subsections (a)(2)(B)-(C) refiled 11-1-96 as an emergency; operative 11-1-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-3-97 or emergency language will be repealed by operation of law on the following day.

11. Certificate of Compliance as to 11-1-96 order transmitted to OAL 12-23-96 and disapproved 2-6-97 (Register 97, No. 6).

12. Repealer of subsection (a)(2)(B)-(C) filed 2-7-97 as an emergency; operative 2-7-97 (Register 97, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-97 or emergency language will be repealed by operation of law on the following day.

13. Change without regulatory effect adding new subsection (a)(2)(B) filed 6-12-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 24).

14. Certificate of Compliance as to 2-7-97 order transmitted to OAL 6-6-97 and disapproved 7-22-97 (Register 97, No. 30).

15. Amendment of subsection (a)(2)(C) and amendment of Note filed 7-22-97 as an emergency; operative 7-22-97 (Register 97, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-19-97 or emergency language will be repealed by operation of law on the following day.

16. Change without regulatory effect amending subsection (a)(7) and Note filed 8-20-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34).

17. Certificate of Compliance as to 7-22-97 order, including relettering of subsections (a)(2)(B)-(D), transmitted to OAL 11-19-97 and filed 1-5-98 (Register 98, No. 2).

18. Amendment of subsection (a)(6)(A) and Note filed 10-13-98; operative 11-12-98 (Register 98, No. 42).

19. Change without regulatory effect adding new subsections (b) and (c) and amending Note filed 6-11-99 pursuant to Health and Safety Code section 25159.1 (Register 99, No. 24).

20. Change without regulatory effect amending subsection (b) filed 6-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 24).

21. Change without regulatory effect amending subsection (a)(3)(B) and amending Note filed 4-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 15).

22. Amendment of subsection (a)(6)(C), new subsection (a)(6)(D) and subsection relettering filed 2-13-2003; operative 3-15-2003 (Register 2003, No. 7).

23. Change without regulatory effect amending subsection (a)(7) filed 6-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 24).

Note

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.