§ 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 264.1064(k), this article applies to equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight that are managed 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 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) For the owner or operator of a facility subject to this article and 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). Until such date when the owner or operator receives a final permit incorporating the requirements of this article, the owner or operator is subject to the requirements of chapter 15 article 28.

(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).

(f) 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 66264.1052 through 66264.1060 if it is identified, as required in Section 66264.1064(g)(6).

HISTORY

1. New article 28 (sections 66264.1050-66264.1065) filed 12-23-92; operative 1-22-93 (Register 93, No. 2).

2. Editorial correction of subsection (b)(2) (Register 95, No. 50).

3. Change without regulatory effect amending section and Note filed 6-11-99 pursuant to Health and Safety Code section 25159.1 (Register 99, No. 24).

Note

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 264.1050.