California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 11 - Identification and Listing of Hazardous Waste › Article 1 - General › Section 66261.6 - Requirements for Recyclable Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1)
				  Recyclable materials are subject to the applicable requirements for generators,
				  transporters and facilities of articles 1 and 2 of chapter 16 of this division,
				  except as specified otherwise for the materials listed in subsections (a)(2),
				  (a)(3), (a)(4), (a)(5), and (a)(6) of this section.
(2) The following recyclable materials are
				  also regulated under the articles (of chapter 16 of this division) specified
				  below, and all applicable provisions in chapters 20 and 21 of this division:
(A) [RESERVED];
(B) hazardous wastes burned for energy
				  recovery in boilers and industrial furnaces that are not regulated under
				  article 15 of chapter 14 or 15 of this division are regulated under article 8
				  of chapter 16 of this division.
(C)
				  spent lead-acid storage batteries that are being reclaimed are regulated under
				  article 7 of chapter 16 of this division;
(D) recyclable materials that are being used
				  in agriculture are regulated under article 8.5 of chapter 16 of this
				  division;
(E) waste elemental
				  mercury that is being recycled is regulated under article 9 of chapter 16 of
				  this division.
(3) The
				  following are not subject to regulation under this division, and are not
				  subject to the notification requirements of Health and Safety Code section
				  25153.6:
(A) materials that can be shown to be
				  recycled by methods identified in subdivisions (b), (c) or (d) of Health and
				  Safety Code section
				  25143.2;
				  and
(B) scrap metal as defined in
				  section 66260.10. However, scrap metal
				  that meets the definition of a RCRA hazardous waste is not subject to
				  regulation under this division and is not subject to the notification
				  requirements of Health and Safety Code section
				  25153.6,
				  only when the scrap metal is being recycled; and
(C) hazardous wastes that exhibit the
				  characteristic of toxicity specified in section
				  66261.24(a)(1)
				  and do not exhibit any other characteristic of a hazardous waste specified in
				  article 3 of this chapter (commencing with section
				  66261.20), are not listed in
				  article 4 of this chapter (commencing with section
				  66261.30), and that qualify as one
				  of the materials specified in
				  40 CFR section
				  261.6(a)(3) (incorporated by
				  reference in section
				  66260.11).
(4) The following are prohibited as
				  specified:
(A) the use of material (e.g.,
				  waste, used oil or other material) which is contaminated with dioxin or any
				  other hazardous waste (other than a waste identified solely on the basis of
				  ignitability), for dust suppression or road treatment is prohibited;
(B) the use of used oil as a road oil, dust
				  suppressant or weed control agent is prohibited, except as provided otherwise
				  in Health and Safety Code section
				  25250.5.
(5) The following hazardous waste, when
				  recycled, is exempt from the restrictions concerning the materials used in a
				  manner constituting disposal or used to produce products that are applied to
				  the land, as provided in Section
				  25143.2(e)
				  of the Health and Safety Code.
(A) Spent
				  catalyst generated from the Fluid Catalytic cracking (FCC) unit in a petroleum
				  refinery when it is recycled at portland cement kilns as the substitute of
				  alumina and silica in the kiln feed. The concentration of the extractable heavy
				  metals in the FCC catalyst shall not exceed the values given in Table I-C CCWE,
				  Section 66268.106(a)
				  except for nickel and vanadium. The total concentration of nickel and vanadium
				  in the FCC catalyst shall not exceed 3,000 mg/kg, combined.
(6) Hazardous wastes that meet all the
				  following criteria are not subject to regulation under this division but,
				  instead, are subject to regulation as specified in
				  40 CFR section
				  261.6(a)(2) (incorporated by
				  reference in section
				  66260.11):
(A) the hazardous waste exhibits the
				  characteristic of a hazardous waste specified in section
				  66261.24(a)(1);
(B) the hazardous waste does not exhibit any
				  other characteristic of a hazardous waste specified in article 3 of this
				  chapter (commencing with section
				  66261.20);
(C) the hazardous waste is not listed in
				  article 4 of this chapter (commencing with section
				  66261.30);
(D) the hazardous waste is not listed in
				  article 4.1 of this chapter (commencing with section
				  66261.50); and
(E) the hazardous waste qualifies for
				  regulation pursuant to 40
				  CFR section 261.6(a)(2)
				  (incorporated by reference in section
				  66260.11).
(7) Hazardous waste that is exported or
				  imported for purpose of recovery is subject to the requirements of 40 Code of
				  Federal Regulations Part 262, Subpart H and this article, if it is subject to
				  either the Federal manifesting requirements of 40 Code of Federal Regulations
				  Part 262, or to the universal waste management standards of 40 Code of Federal
				  Regulations Part 273.