§ 67100.2. Applicability.

(a) This article applies to generators who, by site, routinely generate, through ongoing processes and operations, more than 12,000 kilograms of hazardous waste in the reporting year, or more than 12 kilograms of extremely hazardous waste in a reporting year.

(b) A generator may petition the Department of Toxic Substances Control in writing to exempt a hazardous waste stream. The generator shall provide documentation to demonstrate that no source reduction opportunities exist for the requested waste stream exemption. The Department shall public notice the proposed acceptance of any exemption petition. A minimum of 45 days shall be provided for public review and comment prior to the Department of Toxic Substances Control rendering any determination on a petition.

(c) The following hazardous wastes shall not be included in calculating the volume, or comparable weight of waste produced and are not subject to this article:

(1) The following exempted hazardous waste streams:

(A) Motor vehicle fluids and motor vehicle filters.

(B) Lead acid batteries.

(C) Household hazardous wastes, wastes from household collection events and wastes separated at community landfills.

(D) Waste pesticides and pesticide containers collected by County agricultural commissioners.

(E) Spent munitions and ordnance.

(F) Decommissioned utility poles.

(G) Oil generated from decommissioned refrigeration units.

(H) Mercury relays and low-level radioactive tubes generated from removal of telephone equipment.

(I) Lighting wastes including ballasts and fluorescent tubes.

(J) Hazardous wastes that are designated as universal waste in Section 66261.9

(2) The following hazardous waste streams that are not routinely generated:

(A) Waste from site cleanup and mitigation activities including remedial investigations.

(B) Samples and evidence from enforcement actions.

(C) Asbestos.

(D) PCBs

(E) Formation fluids and solids from oil, gas and geothermal exploration and field development.

(F) Demolition waste/major renovation waste.

(G) Waste generated from emergency response actions.

(H) Waste generated from laboratory scale research.

(3) Medical Waste.

(d) When there is a change in ownership of the business, institution, or facility, the new owner shall have six months from the date of purchase to amend or rewrite the plan and the report. If the new owner fails to revise the plan and report during this time, the existing plan and report shall remain in effect.

(e) When there is a change in the state or federal analysis and testing criteria which causes additional materials to be classified as hazardous waste, these newly classified hazardous wastes shall be considered in calculating the volume, or comparable weight of hazardous waste produced at the generator's site starting the next reporting year.

(f) Any generator that is a small business may complete the forms contained in the documents listed below and include sections 1, 3, 4, 5, and 6 of the Compliance Checklist Form, September 1993, or January 1997, as the plan. Documents for specific industries are available from the Department of Toxic Substances Control. The generator's most recent biennial report, as required by section 66262.41 can be used as the report required by this article. The following are available from the Department of Toxic Substances Control and are hereby incorporated by reference:

(1) Waste Audit Study-Automotive Repairs, May, 1987

(2) Waste Audit Study-Automotive Paint Shops, January, 1987

(3) Waste Audit Study-General Medical and Surgical Hospitals, August, 1988

(4) Waste Audit Study-Paint Manufacturing Industry, April, 1987

(5) Waste Audit Study-Drug Manufacturing and Processing Industry, May, 1989

(6) Waste Audit Study-Metal Finishing Industry, May, 1988

(7) Waste Audit Study-Pesticide Formulating Industry, November, 1987

(8) Waste Audit Study-Research and Educational Institutions, August, 1988

(9) Waste Audit Study-Photoprocessing Industry, April, 1989

(10) Waste Audit Study-Fiberglass-Reinforced and Composite Plastic Products, April, 1989

(11) Waste Audit Study-Marineyards for Maintenance and Repair, August, 1989

(12) Waste Audit Study-Building Construction Industry, May, 1990

(13) Waste Audit Study-Fabricated Metal Products Industry, August, 1989

(14) Waste Audit Study-Gold, Silver, Platinum and Other Precious Metals Product and Reclamation, June, 1990

(15) Waste Audit Study-Mechanical Equipment Repair Shops, May, 1990

(16) Hazardous Waste Reduction Assessment Handbook-Auto Repair Shops, October, 1988

(17) Hazardous Waste Reduction Checklist-Auto Repair Shops, October, 1988

(18) Hazardous Waste Reduction Checklist & Assessment Manual for the Metal Finishing Industry, September, 1989

(19) Waste Audit Study-Printed Circuit Board Manufacturers, June, 1987

(20) Waste Audit Study-Commercial Printing Industry, May, 1989

(21) Waste Audit Study-Thermal Metal Working Industry, December, 1990

(22) Hazardous Waste Reduction Checklist & Assessment Manual for Pesticide Formulators, June, 1990

(23) Facility Pollution Prevention Guide, EPA/600/R-92/088, May, 1992

(g) Any generator that is a small business may alternatively complete the Compliance Checklist Form, September 1993, or January 1997, developed by the Department of Toxic Substances Control as the plan.

(h) If a generator owns or operates multiple sites with similar processes, operations, and wastes the generator may prepare a single multisite review and plan, report, or compliance checklist addressing all of these sites.

(i) If a generator owns a large site with multiple operations that are managed as independent businesses, the generator may prepare a separate review and plan, report, or compliance checklist for each independently managed business at the site.

(j) Generators subject to the requirements of this article pursuant to sections 67100.4(a) and 67100.7(a) may prepare a single document combining the requirements for the plan and the report.

HISTORY

1. New section filed 8-27-91; operative 9-26-91 (Register 92, No. 13).

2. Editorial correction amending subsection designators from (c)(1)(a)-(c)(2)(g) to (c)(1)(A)-(c)(2)(G) (Register 92, No. 49).

3. Amendment of subsections (a), (c)(1)(A) and (g), repealer and new subsections (d) and (g)(23), new subsections (h), (k) and (l) and relettering, and amendment of newly designated subsections (i) and (j) and Note filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-31-94 or emergency language will be repealed by operation of law on the following day.

4. Amendment of subsections (c)(1)(A) and (g), repealer and new subsections (d) and (g)(23), new subsections (h), (k) and (l) and subsection relettering, and amendment of newly designated subsections (a)(1)-(2), (i) and (j) and Note refiled 1-25-94 as an emergency; operative 1-25-94 (Register 94, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-25-94 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 1-25-94 order including new subsections (c)(1)(G)-(L) and amendment of subsections (g) and (g)(23)-(j) transmitted to OAL 4-21-94 and filed 6-3-94 (Register 94, No. 22).

6. Editorial correction of subsection (c)(1)(I) (Register 95, No. 50).

7. Change without regulatory effect amending and redesignating former subsection (a)(1) as subsection (a), repealing subsections (a)(2), (d) and (l), relettering subsections, amending newly designated subsections (d), (f) and (g)-(i), and amending Note filed 6-19-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 25).

8. Amendment of section and Note filed 5-3-99; operative 6-2-99 (Register 99, No. 19).

9. New subsection (c)(1)(J)filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).

Note

Note: Authority cited: Sections 25150, 25244.15 and 58012, Health and Safety Code. Reference: Sections 25177.5, 25244.12 et seq., 25244.15, 25244.16, 25244.19 and 25244.20, Health and Safety Code.