California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 10 - Hazardous Waste Management System: General › Article 3 - Variances › Section 66260.23 - Factors for Petitions to Include Other Wastes Under Chapter 23

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director will evaluate petitions submitted under
					 section 66260.22 using the following
					 factors:
(a) The waste or category of
				  waste, as generated by a wide variety of generators, is listed in article 4 of
				  chapter 11 of this division, or if not listed, a proportion of the waste stream
				  exhibits one or more characteristics of hazardous waste identified in article 3
				  of chapter 11 of this division. [When a characteristic waste is added to the
				  universal waste regulations in chapter 23 by using a generic name to identify
				  the waste category (e.g., batteries), the definition of universal waste in
				  section 66273.9 of chapter 23 will be
				  amended to include only hazardous waste portions of the waste category (e.g.,
				  hazardous waste batteries).] Thus, only the portion of the waste stream that
				  exhibits one or more characteristics (i.e., is hazardous waste) is subject to
				  the universal waste regulations of chapter 23;
(b) The waste or category of waste is not
				  exclusive to a specific industry or group of industries, is commonly generated
				  by a wide variety of types of establishments (including for example,
				  households, retail and commercial businesses, office complexes, very small
				  quantity generators, small businesses, governmental organizations, as well as
				  large industrial facilities);
(c)
				  The waste or category of waste is generated by a large number of generators and
				  is frequently generated in relatively small quantities by each
				  generator;
(d) Systems to be used
				  for collecting the waste or category of waste (including packaging, marking,
				  and labeling practices) would ensure close stewardship of the waste;
(e) The risk posed by the waste or category
				  of waste during accumulation and transport is relatively low compared to other
				  hazardous wastes, and specific management standards proposed or referenced by
				  the petitioner (e.g., waste management requirements appropriate to be added to
				  sections 66273.33,
				  66273.33.5, and
				  66273.52; and/or applicable
				  Department of Transportation requirements) would be protective of human health
				  and the environment during accumulation and transport;
(f) Regulation of the waste or waste category
				  under chapter 23 will increase the likelihood that the waste will be diverted
				  from non-hazardous waste management systems (e.g., the municipal wastestream,
				  non-hazardous industrial or commercial wastestream, municipal sewer or
				  stormwater systems) to recycling, treatment or disposal in compliance with this
				  division and division 20 of the California Health and Safety Code;
(g) Regulation of the waste or category of
				  waste under chapter 23 will improve implementation of and compliance with the
				  hazardous waste regulatory program; and/or;
(h) Such other factors as may be
				  appropriate.
Note: Authority cited: Sections 25159 and 58012, Health
						and Safety Code. Reference: Section 25159, Health and Safety Code; and
						40 CFR Section
						273.81.
Note: Authority cited: Sections
						25159
						and
						58012,
						Health and Safety Code. Reference: Section
						25159,
						Health and Safety Code; and 40 CFR Section
						273.81.