(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.
Credits
Note: Authority cited: Sections 25141, 25159 and 58012, Health and Safety Code. Reference: Sections 25117, 25117.9, 25141 and 25159, Health and Safety Code.
1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
2. Amendment of subsection (a)(3), new subsection (a)(4) and amendment of Note filed 2-13-2003; operative 3-15-2003 (Register 2003, No. 7).
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 22, § 66261.101, 22 CA ADC § 66261.101
