§ 66261.4. Exclusions.
22 CA ADC § 66261.4Barclays Official California Code of RegulationsEffective: March 15, 2024
Effective: March 15, 2024
22 CCR § 66261.4
§ 66261.4. Exclusions.
(1) industrial wastewater discharges that are point source discharges subject to regulation under section 402 of the federal Clean Water Act, as amended (33 U.S.C. section 1342). This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment;
(1) infectious waste which consists solely of the carcasses of animals, which is not otherwise hazardous, and which is handled, stored and disposed of according to all applicable requirements established by the Department of Food and Agriculture pursuant to provisions of chapter 1, part 1, division 5 (commencing with section 9101) and of chapter 5, part 3, division 9 (commencing with section 19200) of the Food and Agricultural Code;
(4) used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.
(5)(A) Wastes, which meet the criteria for classification as a RCRA hazardous waste set forth in section 66261.100(a)(1), (a)(2), or (a)(3), resulting from the extraction, beneficiation, and processing of ores and minerals (including coal, phosphate rock and overburden from the mining of uranium ore), except as provided by 40 CFR section 266.112 for facilities that burn or process hazardous waste, are not hazardous wastes and are not subject to the requirements of this division or of Chapter 6.5 of Division 20 of the Health and Safety Code. However, these wastes remain subject to Article 9.5 of Chapter 6.5 of the Health and Safety Code if the wastes would otherwise be classified as hazardous wastes pursuant to section 25117 of the Health and Safety Code or pursuant to this division. For purposes of this paragraph, beneficiation of ores and minerals is restricted to the following activities: Crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water and/or carbon dioxide; roasting; autoclaving, and/or chlorination in preparation for leaching (except where the roasting (and/or autoclaving and/or chlorination)/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching. For the purpose of this paragraph, solid waste from the processing of ores and minerals includes only the following wastes:
(B) Waste from the extraction, benefication, and processing of ores and minerals, as those terms are defined in Health and Safety Code section 25143.1, which would otherwise be classified as a non-RCRA hazardous waste pursuant to section 66261.101, is not subject to the requirements of this division or of Chapter 6.5 of the Health and Safety Code. However, these wastes remain subject to Article 9.5 of Chapter 6.5 of the Health and Safety Code if the wastes would otherwise be classified as hazardous wastes pursuant to section 25117 of the Health and Safety Code or to this division.
(C) A waste residue derived from co-processing of the mineral processing secondary materials as listed above under paragraph (b)(5)(A) of this section with normal beneficiation raw materials or with normal mineral processing raw materials shall remain excluded as a hazardous waste under paragraph (b) of this section and pursuant to section 25143.1 of the Health and Safety Code if the owner or operator does the following:
(c) hazardous wastes which are exempted from certain regulations. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under this division or to the notification requirements of Health and Safety Code section 25153.6 until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials. The exemption in this subsection applies only to the hazardous waste generated in the above-named tanks, not to the tanks themselves. The tanks remain subject to the requirements of chapter 32 if the tank is a hazardous waste pursuant to article 3 of chapter 11 of this division.
(1) except as provided in subsections (d)(2) and (4) of this section, a sample of waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this division or to the notification requirements of Health and Safety Code section 25153.6 when:
(1) Except as provided in subsections (e)(2) and (7) of this section, any person who generates a treatability study sample for the purpose of conducting a treatability study is not subject to Chapter 6.5 of Division 20 of the Health and Safety Code with respect to that sample, except for the requirements of subdivision (e) of Health and Safety Code section 25162, or this division when:
(A) the treatability study sample mass is not more than 400 kilograms (kg) of any hazardous waste that is not an extremely hazardous waste, 1 kg of extremely hazardous waste, or 250 kg of soil, water, or debris contaminated with extremely hazardous waste, for each process being evaluated for each generated hazardous waste stream,
(A) the treatability study sample is packaged so that it will not leak, spill, or vaporize from its packaging during shipment, complies with all shipping requirements of the Department of Transportation, United States Postal Service, or any other applicable shipping requirements, and, at a minimum, is accompanied by all of the following information:
(B) The treatability study sample is shipped to a laboratory or testing facility which has a hazardous waste facilities permit issued pursuant to Health and Safety Code section 25200, is exempt from state hazardous waste facilities permitting requirements pursuant to subsection (f) of section 66261.4 of this title or, if located in another state, is authorized by that state or the Environmental Protection Agency to conduct treatability studies or is exempted pursuant to subsection (f) of Section 261.4 of Title 40 of the Code of Federal Regulations.
(4) A generator or the agent of the generator exempt pursuant to this section shall maintain the following records for three years after completion of the treatability study and shall, if requested by the department before the end of three years, retain the records for up to an additional five years:
(5) The department may grant an application, on a case-by-case basis, following the submittal of information pursuant to subdivision (e)(6) for an exemption for treatability study samples that exceed the quantity limits specified in subdivision (e)(2)(A), for up to an additional 500 kg of hazardous waste that is not extremely hazardous waste, 1 kg of extremely hazardous waste, and 250 kg of soil, water, or debris contaminated with extremely hazardous waste, to conduct a further treatability study evaluation, if the department finds that the exemption is necessary based on any of the following:
(C) Documentation accounting for all samples of treatability study samples from the waste stream that have previously been sent for, or undergone, treatability studies, including the dates of each previous treatability study sample, the quantity of each previous treatability study sample, the laboratory or testing facility to which each treatability study sample was shipped, what treatability studies were conducted on each treatability study sample shipped, and the results of each treatability study.
(1) Except as provided in subdivision (f)(2), Chapter 6.5 of Division 20 of the Health and Safety Code, and division 4.5 of this title, do not apply to any treatability study sample undergroing a treatability study, and those activities of the laboratory or testing facility, including transportable treatment units, conducting a treatability study, that are activities exclusively devoted to, and in support of, the treatability study conducted on a treatability study sample, if all of the following conditions are met:
(E) The quantity of treatability study samples stored at the facility for the purpose of evaluation in treatability studies does not exceed 400 kg, the total of which may include not more than 200 kg of soil, water, or debris contaminated with extremely hazardous waste or 1 kg of extremely hazardous waste. This quantity limitation does not include either of the following:
(F) Not more than 90 days has elapsed since the treatability study for the treatability study sample was completed, or not more than one year have elapsed since the generator or treatability study sample collector shipped the treatability study sample to the laboratory or testing facility, whichever date first occurs.
(J) The facility prepares and submits a report to the department not later than March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes all of the following information for the previous calendar year:
(K) The facility determines whether any unused treatability study sample or residues generated by the treatability study are hazardous waste that are subject to Chapter 6.5 of Division 20 of the Health and Safety Code, and division 4.5 of this title, and, if so, the facility handles the unused treatability study sample or residues in accordance with Chapter 6.5 of Division 20 of the Health and Safety Code, and division 4.5 of this title, unless the residues and unused treatability study samples are returned to the treatability study sample originator, as specified in Health and Safety Code section 25158.2.
(C) the controlled substance was seized by a peace officer, as defined in section 830 of the Penal Code, or a person exercising the powers of a peace officer pursuant to section 830.8 of the Penal Code or otherwise authorized to exercise the powers of a peace officer pursuant to applicable federal laws; and
3. in the event of a spill or release of a conditionally exempt controlled substance during transportation, the law enforcement agency employee responsible for the substance during transportation shall take appropriate immediate action to protect human health and the environment (e.g., notify local law enforcement agencies and/or other local emergency response agencies, dike the spill area, etc.). The law enforcement agency employee responsible for the released substance during transportation shall clean up or provide for the clean up of the spilled or released substance, or take such other action as may be required or approved by Federal, State, or local officials to ensure that the release no longer presents a hazard to human health or the environment;
(F) all law enforcement agency and incinerator facility personnel who handle conditionally exempt controlled substances shall complete health and safety training equivalent to the training required under Title 8, CCR, section 5194, within six months after the effective date of these regulations. No personnel shall be newly assigned to handle conditionally exempt controlled substances after the effective date of these regulations until they have completed the required health and safety training.
(h) CRT panel glass that meets the criteria specified in section 66273.81 of chapter 23 of this division and is destined for disposal in a CRT panel glass approved landfill pursuant to section 66273.75 of chapter 23, and is managed prior to disposal in accordance with the management standards specified in sections 66273.73 and 66273.75 and article 8 of chapter 23, is not a hazardous waste for purposes of disposal. CRT panel glass that is excluded and managed in accordance with this exclusion and the standards specified therein is exempt from the generator and hazardous waste disposal fees.
(1) Airbag waste at the airbag waste handler or during transport to an airbag waste collection facility or designated facility is not subject to regulation under chapters 12 through 16, 18, and 20 through 21 of this division, and is not subject to the notification requirements of Health and Safety Code section 25153.6 provided that:
(1) An airbag waste collection facility in the United States under the control of a vehicle manufacturer or their authorized representative, or under the control of an authorized party administering a remedy program in response to a recall under the National Highway Traffic Safety Administration, or
(E) The airbag waste handler maintains at the handler facility for no less than three years records of all offsite shipments of airbag waste and all confirmations of receipt from the receiving facility. For each shipment, these records shall, at a minimum, contain the name of the transporter and date of the shipment; name and address of receiving facility; and the type and quantity of airbag waste (i.e., airbag modules or airbag inflators) in the shipment. Confirmations of receipt shall include the name and address of the receiving facility; the type and quantity of the airbag waste (i.e., airbag modules and airbag inflators) received; and the date which it was received. Shipping records and confirmations of receipt shall be made available for inspection and may be satisfied by routine business records (e.g., electronic or paper financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt).
(2) Once airbag waste arrives at an airbag waste collection facility or designated facility, it becomes subject to all applicable hazardous waste regulations, including chapters 12 through 16, 18, and 20 through 21 of this division, and the facility receiving the airbag waste is considered the hazardous waste generator for the purposes of the hazardous waste regulations and shall comply with the requirements of chapter 12 of this division.
Credits
Note: Authority cited: Sections 25140, 25141, 25141.5, 25143.2.5, 25150, 25159, 25159.5, 25214.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25117, 25212, 25124, 25140, 25141, 25141.5, 25143, 25143.1, 25143.2, 25143.2.5, 25143.4(a), 25143.11, 25159, 25159.5 and 25214.9, Health and Safety Code; and 40 CFR Section 261.4.
History
1. New section with renumbering and amendment of former section 66300(g) to section 66261.4(b)(2) filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Repealer of subsection (b)(2) and renumbering of following subsections and amendments filed 6-28-91 as an emergency; operative 6-28-91 (Register 91, No. 41). A Certificate of Compliance must be transmitted to OAL 10-28-91 or emergency language will be repealed by operation of law on the following day.
3. New subsection (e) filed 4-23-92 as an emergency; operative 4-23-92 (Register 92, No. 18). A Certificate of Compliance must be transmitted to OAL 8-21-92 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new subsection (e) filed 6-22-92 as an emergency; operative 6-22-92 (Register 92, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-20-92 or emergency language will be repealed by operation of law on the following day.
5. Repealer of subsection (b)(2) filed 8-25-92; operative 8-25-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 35).
6. Editorial correction of History 2. (Register 92, No. 35).
7. Editorial correction of History 2. (Register 92, No. 42).
8. Repealer and new subsection (e) refiled 10-22-92 as an emergency; operative 10-19-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-22-93 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of printing error in subsection (d)(1) (Register 92, No. 49).
10. Repealer and new subsection (e) refiled 2-16-93 as an emergency; operative 2-16-93 (Register 93, No. 8). A Certificate of Compliance must be transmitted to OAL 6-16-93 or emergency language will be repealed by operation of law on the following day.
11. Repealer and new subsection (e) filed 6-14-93 as an emergency; operative 6-15-93 (Register 93, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-13-93 or emergency language will be repealed by operation of law on the following day.
12. Repealer and new subsection (e) refiled 10-13-93 as an emergency; operative 10-13-93 (Register 93, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-10-94 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 10-13-93 order with amendments transmitted to OAL 12-3-93 and filed 1-14-94 (Register 94, No. 2).
14. New subsections (e)-(f)(2) and subsection redesignation filed 5-27-94 as an emergency; operative 5-27-94 (Register 94, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-26-94 or emergency language will be repealed by operation of law on the following day.
15. New subsections (e)-(f)(2) and subsection redesignation refiled 9-19-94 as an emergency; operative 9-19-94 (Register 94, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95 or emergency language will be repealed by operation of law on the following day.
16. Editorial correction of subsection (f)(1) (Register 95, No. 2).
17. New subsections (e)-(f)(2) and subsection redesignation refiled 1-13-95 as an emergency; operative 1-13-95 (Register 95, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-15-95 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 1-13-95 order transmitted to OAL 4-10-95 and filed 5-22-95 (Register 95, No. 21).
19. New subsections (a)(4)-(a)(4)(D) and (b)(3) and amendment of Note filed 2-3-98; operative 3-5-98 (Register 98, No. 6).
20. Amendment of subsection (c) filed 8-6-98; operative 8-6-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 32).
21. New subsections (b)(4)-(b)(5)(B) and amendment of Note filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
22. Editorial correction restoring inadvertently deleted subsection (e)(4) (Register 99, No. 12).
23. Amendment of subsections (b)(2)-(4) and Note filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).
24. Change without regulatory effect amending subsection (b)(5)(A) and adopting subsection (b)(5)(C) filed 7-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 30).
25. New subsection (h) and amendment of Note filed 10-15-2012 as an emergency; operative 10-15-2012 (Register 2012, No. 42). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
26. New subsection (h) and amendment of Note refiled 9-15-2014 as an emergency; operative 9-15-2014 (Register 2014, No. 38). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
27. New subsection (h) and amendment of Note refiled 9-12-2016 as an emergency; operative 9-12-2016 (Register 2016, No. 38). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
28. Amendment of subsection (d)(1), new subsection (d)(4), amendment of subsection (e)(1) and new subsections (e)(6)(F) and (e)(7) filed 8-20-2018 as a change without regulatory effect pursuant to Health and Safety Code section 25159.1; operative 8-20-2018 (Register 2018, No. 34).
29. Certificate of Compliance as to 9-12-2016 order, including amendment of subsection (h), new subsection (i) and amendment of Note, transmitted to OAL 9-10-2018 and filed 10-22-2018; amendments effective 10-22-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 43).
30. New subsections (b)(6)-(b)(6)(J) and amendment of Note filed 12-10-2021 as an emergency; operative 12-10-2021 (Register 2021, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-8-2022 or emergency language will be repealed by operation of law on the following day.
31. New subsections (b)(6)-(b)(6)(J) refiled 6-6-2022 as an emergency; operative 6-6-2022 (Register 2022, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-6-2022 or emergency language will be repealed by operation of law on the following day.
32. Reinstatement of section as it existed prior to 6-6-2022 emergency amendment by operation of Government Code section 11346.1(f) (Register 2022, No. 36).
33. New subsections (j)-(j)(3) filed 3-15-2024 as an emergency; operative 3-15-2024 (Register 2024, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-11-2024 or emergency language will be repealed by operation of law on the following day.
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 22, § 66261.4, 22 CA ADC § 66261.4
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