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 66261.3 - Definition of Hazardous Waste

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A waste, as defined in section
				  66261.2, is a hazardous waste if:
(1) it is not excluded from classification as
				  a waste or a hazardous waste under Health and Safety Code section
				  25143.2(b)
				  or
				  25143.2(d)
				  or section
				  66261.4; and
(2) it meets any of the following criteria:
(A) it exhibits any of the characteristics of
				  hazardous waste identified in article 3 of this chapter except that any mixture
				  of a waste from the extraction, beneficiation, and processing of ores and
				  minerals excluded under federal
				  40 CFR section
				  261.4(b)(7) and any other
				  waste exhibiting a characteristic of hazardous waste under Article 3 of this
				  chapter is a hazardous waste only if it exhibits a characteristic that would
				  not have been exhibited by the excluded waste alone if such mixture had not
				  occurred or if it continues to exhibit any of the characteristics exhibited by
				  the non-excluded wastes prior to mixture. Further, for the purposes of applying
				  the Toxicity Characteristic to such mixtures, the mixture is also a hazardous
				  waste if it exceeds the maximum concentrations for any contaminant listed in
				  table I to section
				  66261.24 that would not have been
				  exceeded by the excluded waste alone if the mixture had not occurred or if it
				  continues to exceed the maximum concentration for any contaminant exceeded by
				  the nonexempt waste prior to mixture;
(B) it is listed in article 4 of this chapter
				  and has not been excluded by the USEPA Administrator from 40 CFR Part 261
				  Subpart D pursuant to 40 CFR
				  sections 260.20 and
				  260.22;
(C) it is listed in or contains a constituent
				  listed in Appendix X to this chapter. However, the waste is not a hazardous
				  waste if:
1. it is determined that the waste
				  does not meet the criteria of subsection (a)(2)(B) of this section;
				  and
2. it is determined that the
				  waste does not meet the criteria of subsection (a)(2)(A) of this section by:
i. testing the waste according to the methods
				  set forth in article 3 of this chapter, or according to an equivalent method
				  approved by the Department pursuant to section
				  66260.21; or
ii. applying knowledge of the hazardous
				  properties of the waste in light of the materials or the processes used and the
				  characteristics set forth in article 3 of this
				  chapter;
(D) it
				  is listed in article 4.1 of this chapter;
(E) it is a mixture of a hazardous waste that
				  is listed in article 4 of this chapter other than a hazardous waste listed with
				  hazard code (T) or (H), and another waste, unless the resultant mixture no
				  longer exhibits any characteristic of hazardous waste identified in article 3
				  of this chapter. However, nonwastewater mixtures are still subject to the
				  requirements of chapter 18 of this division, even if they no longer exhibit a
				  characteristic at the point of land disposal;
(F) it is a mixture of a waste and one or
				  more hazardous wastes listed in article 4 of this chapter which has not been
				  excluded by the USEPA Administrator from 40 CFR Part 261 Subpart D pursuant to
				  40 CFR sections
				  260.20 and
				  260.22. However, the following
				  mixtures of wastes and hazardous wastes listed in article 4 of this chapter are
				  not hazardous wastes (except by application of subsection (a)(2)(A) or
				  (a)(2)(B) of this section) if the generator can demonstrate that the mixture
				  consists of wastewater, the discharge of which is subject to regulation under
				  either section
				  402 or section
				  307(b) of the
				  Clean Water Act (including wastewater at facilities which have eliminated the
				  discharge of wastewater), and:
1. one or more
				  of the following spent solvents listed in section
				  66261.31 -- carbon tetrachloride,
				  tetrachloroethylene, trichoroethylene -- provided, that the maximum total
				  weekly usage of these solvents (other than the amounts that can be demonstrated
				  not to be discharged to wastewater) divided by the average weekly flow of
				  wastewater into the headworks of the facility's wastewater treatment or
				  pretreatment system does not exceed 1 part per million; or
2. one or more of the following spent
				  solvents listed in section
				  66261.31 -- methylene chloride,
				  1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic
				  acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol,
				  pyridine, spent chlorofluorocarbon solvents -- provided that the maximum total
				  weekly usage of these solvents (other than the amounts that can be demonstrated
				  not to be discharged to wastewater) divided by the average weekly flow of
				  wastewater into the headworks of the facility's wastewater treatment or
				  pretreatment system does not exceed 25 parts per million; or
3. heat exchanger bundle cleaning sludge from
				  the petroleum refining industry (EPA Hazardous Waste No. K050); or
4. a discarded commercial chemical product,
				  or chemical intermediate listed in section
				  66261.33 arising from "de minimis"
				  losses of these materials from manufacturing operations in which these
				  materials are used as raw materials or are produced in the manufacturing
				  process. For purposes of this subsection, "de minimis" losses include those
				  from normal material handling operations (e.g., spills from the unloading or
				  transfer of materials from bins or other containers, leaks from pipes, valves
				  or other devices used to transfer materials); minor leaks of process equipment,
				  storage tanks or containers; leaks from well-maintained pump packings and
				  seals; sample purgings; relief device discharges; discharges from safety
				  showers and rinsing and cleaning of personal safety equipment; and rinsate from
				  empty containers or from containers that are rendered empty by that rinsing;
				  or
5. wastewater resulting from
				  laboratory operations containing toxic (T) wastes listed in article 4 of this
				  chapter, provided that the annualized average flow of laboratory wastewater
				  does not exceed one percent of total wastewater flow into the headworks of the
				  facility's wastewater treatment or pretreatment system, or provided the wastes,
				  combined annualized average concentration does not exceed one part per million
				  in the headworks of facility's wastewater treatment or pretreatment facility.
				  Toxic (T) wastes used in laboratories that are demonstrated not to be
				  discharged to wastewater are not to be included in this calculation;
				  or
6. One or more of the following
				  wastes listed in 40 CFR
				  §
														261.32 -wastewaters from the
				  production of carbamates and carbamoyl oximes (EPA Hazardous Waste No.
				  K157)-Provided that the maximum weekly usage of formaldehyde, methyl chloride,
				  methylene chloride, and triethylamine (including all amounts that can not be
				  demonstrated to be reacted in the process, destroyed through treatment, or is
				  recovered, i.e., what is discharged or volatilized) divided by the average
				  weekly flow of process wastewater prior to any dilutions into the headworks of
				  the facility's wastewater treatment system does not exceed a total of 5 parts
				  per million by weight; or
7.
				  Wastewaters derived from the treatment of one or more of the following wastes
				  listed in 40 CFR §
														261.32 -organic waste (including heavy ends,
				  still bottoms, light ends, spent solvents, filtrates, and decantates) from the
				  production of carbamates and carbamoyl oximes (EPA Hazardous Waste No.
				  K156).-Provided, that the maximum concentration of formaldehyde, methyl
				  chloride, methylene chloride, and triethylamine prior to any dilutions into the
				  headworks of the facility's wastewater treatment system does not exceed a total
				  of 5 milligrams per liter.
(G) it is not classified as a hazardous waste
				  by application of the criteria in subsections (a)(2)(A) through (a)(2)(F) of
				  this section, but has been classified as a hazardous waste by the Department
				  because it otherwise conforms to the definition of hazardous waste set forth in
				  Health and Safety Code section
				  25117.