California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 18 - Land Disposal Restrictions › Article 12 - Incineration Requirements of Certain Hazardous Waste › Section 66268.124 - Emergency Variance from Sections 66268.120 and 66268.121

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A hazardous waste producer may request in
				  writing, an emergency variance from the Department pursuant to Health and
				  Safety Code section
				  25155.7.
				  A producer of a hazardous waste subject to Land Disposal Restrictions
				  established pursuant to section
				  6924(m) of Title
				  42 of the United States Code is not eligible for an emergency variance, unless
				  the waste has been granted a variance, extension, or exemption by the EPA
				  Administrator.
(b) After receiving
				  an application for an emergency variance, the Department may request any
				  additional information which it deems necessary to evaluate the application.
				  Within 45 days of receipt of the application, the Department shall inform the
				  applicant, in writing, that the application is complete and accepted for
				  filing, or that the application is deficient and what specific information is
				  required.
(c) On the basis of the
				  information referred to in subsection (b) of this section, the Department may
				  grant an emergency variance of up to 1 year upon the request of the applicant
				  if the demonstration required pursuant to Health and Safety Code section
				  25155.7,
				  can still be made. In no event will an emergency variance extend beyond 24
				  months from the date the Department determines the application is complete and
				  accepted for filing. The length of any emergency variance will be determined by
				  the Department based on the time required for the applicant to secure other
				  treatment pursuant to sections
				  66268.120 and
				  66268.121. The Department shall
				  make a decision on an application for an emergency variance within 120 days of
				  the filing of a completed application.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2.
					 Editorial correction of printing error in Appendix III-A (Register 92, No.
					 49).
3. Amendment of Appendices II and IV, repealer of Appendix V,
					 amendment of Appendix VII, new Appendices VIII and IX, and amendment of NOTE
					 filed 10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A
					 Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Amendment of Appendices II and IV, repealer of Appendix V,
					 amendment of Appendix VII, new Appendices VIII and IX, and amendment of NOTE
					 refiled 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A
					 Certificate of Compliance must be transmitted to OAL by 6-21-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
5. Amendment of Appendices II and IV, repealer of Appendix V,
					 amendment of Appendix VII, new Appendices VIII and IX and amendment of NOTE
					 refiled 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A
					 Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Amendment of Appendices II and IV, repealer of Appendix V,
					 amendment of Appendix VII, new Appendices VIII and IX and amendment of NOTE
					 refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A
					 Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
7. Certificate of Compliance as to 10-24-94 order including
					 repealer of Appendix I, amendment of Appendix II heading, and amendment of
					 Appendices III, IV, VII, VIII asnd IX transmitted to OAL 12-15-95 and filed
					 1-31-96 (Register 96, No. 5).
8. Change without regulatory effect
					 repealing appendix II and amending appendices III, IIIA and IX filed 8-15-97
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 33).
9. Change without regulatory
					 effect replacing first paragraph of Appendix VI, repealing and adopting new
					 Appendix VII (Tables 1 and 2), repealing former Appendix IX, renumbering former
					 Appendix VIII to new Appendix IX and adopting new Appendix VIII, Appendix X
					 (reserved) and Appendix XI filed 6-4-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 23).
10. Change without regulatory
					 effect amending heading for appendix VIII filed 1-13-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 2).
11. Change without regulatory
					 effect amending Appendices I, III, VI, VII (Table 2) and VIII filed 7-23-2010
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 30).
Note: Authority cited: Sections
						208
						and
						25150,
						Health and Safety Code. Reference: Section
						25155.7,
						Health and Safety Code; Section
						15376,
						Government Code.