California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 16 - Recyclable Materials (Recyclable Hazardous Wastes) › Article 2 - Generator, Transporter and Facility Operator Requirements › Section 66266.21 - Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Recyclable
				  materials that are placed on the land are regulated as hazardous wastes
				  according to this division and Chapter 6.5, Division 20 of the Health and
				  Safety Code, unless the requirements of subdivision (b) of this section are
				  met.
(b) Recyclable materials that
				  are placed on the land and which meet all applicable requirements for exclusion
				  from classification as a waste or for an exemption set forth in section
				  25143.2
				  of the Health and Safety Code (HSC), except for the requirement set forth in
				  HSC section
				  25143.2(e)(2),
				  shall not be regulated pursuant to HSC section
				  25143.2(e)(2) if
				  the following requirements are met.
(1) The
				  recyclable material shall be a non-RCRA hazardous waste.
(2) The recyclable material shall not be used
				  as an ingredient in an industrial furnace, as defined in section
				  66260.10, to produce a product
				  that is placed on the land, unless either of the following criteria are met:
(A) the industrial furnace is operating
				  pursuant to the requirements of Article 8 of Chapter 16, "Hazardous Wastes
				  Burned in Boilers or Industrial Furnaces," with regard to the hazardous
				  constituents in the recyclable material (the owner or operator of the
				  industrial furnace must also comply with all requirements of the local air
				  quality management district or air pollution control district); or
(B) the owner or operator of the industrial
				  furnace has a permit from the local air quality management district or air
				  pollution control district addressing the hazardous constituents in the
				  recyclable material (in this case, the local air quality management district or
				  air pollution control district would have sole jurisdiction over air emissions
				  from hazardous constituents in the recyclable material).
(3) The recyclable material, either in its
				  existing state or in processed products, shall not be used in agriculture as a
				  fertilizer, soil amendment, agricultural mineral, auxiliary soil and plant
				  substance, or animal feed.
(4) The
				  recyclable material shall not meet the criteria for a hazardous waste set forth
				  in this division because of:
(A) the
				  characteristics of acute toxicity set forth in paragraphs (a)(3) through (a)(5)
				  of section
				  66261.24; or
(B) constituents listed in paragraph (a)(7)
				  of section
				  66261.24; or
(C) any criterion of an extremely hazardous
				  waste as set forth in sections
				  66261.110 and
				  66261.113; or
(D) asbestos content exceeding one (1)
				  percent by weight, as specified in section
				  66261.24(a)(2)(A)
				  of this chapter.
(5)
				  Where the recyclable material is used as an ingredient in the manufacture of a
				  product that is placed on the land, hazardous constituents in the recyclable
				  material whose concentrations are greater than or equal to the Soluble
				  Threshold Limit Concentrations (STLCs) set forth in section
				  66261.24(a)(2)(A)
				  shall have chemically reacted or become physically bound so as not to leach
				  from the product containing the recyclable material. Specifically, the
				  hazardous constituents shall not leach out of the product in concentrations
				  that would exceed the applicable STLC, once the effect of dilution by other
				  ingredients (as explained below) has been taken into account.
In order to demonstrate that the hazardous constituents in
					 the recyclable material are bound in the product so that they would not exceed
					 the applicable STLC, even when eliminating the effect of dilution by other
					 ingredients, the following procedures must be used.
(A) Sampling of the recyclable material and
				  the product shall be conducted according to the sampling methods described in
Test Methods for
Evaluating Solid Waste,
				  Physical/Chemical Methods
, SW-846, 3rd edition, U.S. Environmental
				  Protection Agency, 1986, or one of the sampling methods listed in Appendix I,
				  Chapter 11 of this division.
(B)
				  Analysis of the recyclable material and the product shall be conducted
				  according to the Waste Extraction Test (WET), Appendix II, Chapter 11 of this
				  division or an alternative test method approved pursuant to
				  22 CCR
				  section 66260.21.
(C) The concentration of the hazardous
				  constituents in the final product must be multiplied by the dilution factor
				  inherent in combining the recyclable material with other materials. The
				  dilution factor is calculated by dividing the weight of the final product made
				  with the recyclable material by the weight of the recyclable material used in
				  the product, or
weight of final
							 product
..........................
=
dilution factor
weight of recyclable
							 material
The final calculation of the hazardous constituents present
					 in the product, as determined by taking into account the effects of dilution,
					 must be less than the applicable STLC.
[The following is an example of how these calculations can
					 be done.
A ton of spent sandblast grit, which is hazardous due to a
					 mean soluble lead concentration of 12 mg/L, is combined with nineteen tons of
					 other aggregate and asphalt to produce twenty tons of asphaltic concrete. The
					 dilution factor is calculated by dividing the twenty tons of final product,
					 including the recyclable material, by the original one ton of recyclable
					 material. This gives us a dilution factor of 20. The asphaltic concrete is then
					 subjected to the WET and yields mean results for lead of 0.23 mg/L. This number
					 is then multiplied by the dilution factor, 20, for a result of 4.60 mg/L. This
					 final result, 4.60 mg/L, does not exceed the STLC for lead of 5 mg/L and
					 therefore meets the criterion.
Note: This is only an example of how to implement this
					 requirement and does not provide guidelines for hazardous waste sampling and
					 analysis. Furthermore this example is not binding on the regulated
					 community.]
(6)
				  Where the recyclable material is used as a substitute for a commercial product
				  or as an ingredient in the manufacture of a product, the final product shall
				  not contain constituents at concentrations that cause the product to exhibit
				  hazardous characteristics pursuant to Chapter 11 of this division, other than
				  those constituents that are also found in the same or greater concentrations in
				  a comparable commercial product. The only exception to this requirement is if,
				  prior to using the recyclable material, the person claiming an exclusion
				  obtains the department's written concurrence that:
(A) the concentrations of hazardous
				  constituents greater than those present in a comparable commercial product
				  improve the quality of the product made from the recyclable material and do not
				  increase the hazards to public health or the environment of that product;
				  or
(B) if no comparable commercial
				  product exists, the hazardous constituents in the recyclable material that
				  cause the product to exhibit a characteristic of a hazardous waste are
				  beneficial to the product and do not cause the product to pose a threat to
				  public health or the environment.
(7) Prior to use of the recyclable material,
				  any person wishing to manage the recyclable material under the claim to an
				  exclusion or exemption pursuant to this article must obtain a written
				  certification from a qualified independent engineer or engineering geologist,
				  registered in the state of California, that the recyclable material and the
				  product containing that material meet the applicable standards or
				  specifications for the intended use of the recyclable material and product of
				  the American Society for Testing and Materials (ASTM), the American Association
				  of State Highway and Transportation Officials (AASHTO), the American National
				  Standards Institute (ANSI), the Uniform Building Code (UBC), or the standards
				  of a government agency having jurisdiction over the applications of that
				  recyclable material or product. Where the certification is not appropriate for
				  an engineer or engineering geologist, but can be provided by another qualified
				  professional, or where standards other than those listed are appropriate, or
				  where there are no applicable standards for a particular use of a recyclable
				  material, the person wishing to claim an exclusion or exemption may meet this
				  requirement by obtaining prior written approval from the department. The person
				  requesting the department's determination shall submit documentation to the
				  department supporting the alternative certification or standards, or absence of
				  standards.