§ 66268.9. Special Rules Regarding Wastes that Exhibit a Rcra Characteristic.

(a) The initial generator of a waste shall determine each EPA Hazardous Waste Number (waste code) applicable to the waste in order to determine the applicable treatment standards under article 4 of this chapter. This determination may be made concurrently with the hazardous waste determination required in section 66262.11 of this division. For purposes of chapter 18, the RCRA hazardous waste will carry the waste code for any applicable listed waste (chapter 11, article 4). In addition, where the RCRA hazardous waste exhibits a characteristic, the RCRA hazardous waste will carry one or more of the characteristic waste codes (chapter 11, article 3), except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in subsection (b) of this section. If the generator determines that their RCRA hazardous waste displays a hazardous characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, OR POLYM of section 66268.42, Table 1), the generator shall determine the underlying hazardous constituents (as defined in section 66260.10 of this division) in the RCRA characteristic waste.

(b) Where a prohibited waste is both listed under article 4, chapter 11 and exhibits a RCRA characteristic under article 3 of chapter 11, the treatment standard for the waste code listed in article 4 of chapter 11 will operate in lieu of the standard for the waste code under article 3 of chapter 11, provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the RCRA waste shall meet the treatment standards for all applicable listed and RCRA characteristic waste codes.

(c) In addition to any applicable standards determined from the initial point of generation, no prohibited waste which exhibits a RCRA characteristic under article 3 of chapter 11 may be land disposed unless the waste complies with the treatment standards under article 4 of chapter 18.

(d) The RCRA hazardous wastes that exhibit a RCRA characteristic as defined in section 66260.10 of this division, are also subject to section 66268.7 requirements, except that once the waste no longer exhibits the RCRA characteristic(s), a one-time notification and certification shall be placed in the generator's or treater's on-site files. The notification and certification placed in the generator's or treater's files shall be updated if the process or operation generating the waste changes and/or if the facility receiving the waste changes.

(1) The notification shall include the following information:

(A) name and address of the facility receiving the waste shipment; and

(B) a description of the waste as initially generated, including the applicable EPA hazardous waste code(s), treatability group(s), and underlying hazardous constituents (as defined in section 66260.10), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice.

(2) The certification shall be signed by an authorized representative and shall state the language found in section 66268.7(b)(4).

(A) If treatment removes the RCRA characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in section 66268.7(b)(4)(D) applies.

(B) [reserved]

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

2. Amendment of subsections (a), (d), (d)(1)(A)-(B), repealer of subsection (d)(1)(C), new subsections (d)(2)(A)-(B) and amendment of Note filed 10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency language will be repealed by operation of law on the following day.

3. Amendment of subsections (a), (d), (d)(1)(A)-(B), repealer of subsection (d)(1)(C), new subsections (d)(2)(A)-(B) and amendment of Note refiled 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-95 or emergency language will be repealed by operation of law on the following day.

4. Amendment of subsections (a), (d), and (d)(1)(A)-(B), repealer of subsection (d)(1)(C), new subsections (d)(2)(A)-(B) and amendment of Note refiled 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following day.

5. Amendment of subsections (a), (d), and (d)(1)(A)-(B), repealer of subsection (d)(1)(C), new subsections (d)(2)(A)-(B) and amendment of Note refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 10-24-94 order including amendment of subsections (a), (d)(1) and (d)(1)(B) transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).

7. Amendment of subsection (b) filed 7-23-97; operative 8-22-97 (Register 97, No. 30).

8. Change without regulatory effect amending section filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).

9. Change without regulatory effect amending section filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).

10. Change without regulatory effect amending subsections (d) and (d)(2)-(d)(2)(A) filed 9-11-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 37).

11. Change without regulatory effect amending section heading and subsections (b)-(d), (d)(1)(A) and (d)(2)(A) filed 2-26-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 9).

12. Change without regulatory effect amending subsections (a) and (d) filed 7-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 30).

Note

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6, and 58012, Health and Safety Code; 40 CFR Section 268.9.