Cal. Code Regs. Tit. 22, § 66261.101 - Non-RCRA Hazardous Waste
(a) A hazardous waste is a non-RCRA hazardous
waste if it meets all of the following criteria:
(1) it does not exhibit any of the
characteristics of ignitability, corrosivity, reactivity or toxicity as
identified in sections
66261.21,
66261.22(a)(1),
66261.22(a)(2),
66261.23 and
66261.24(a)(1);
(2) it exhibits any of the characteristics of
corrosivity and toxicity identified in sections
66261.22(a)(3),
66261.22(a)(4)
and 66261.24(a)(2) through
(a)(8) or otherwise meets the definition of a
hazardous waste in section
66261.3(a)(2)(C)
or 66261.3(a)(2)(F);
(3) it is not listed as a hazardous waste in
article 4 of this chapter or is listed and has been excluded by the USEPA
Administrator pursuant to 40
CFR sections 260.20 and
260.22;
(4) it is listed in article 4.1 and is not
identified as a RCRA hazardous waste in section
66261.100.
(b) A hazardous waste is a non-RCRA hazardous
waste if it exhibits any characteristic set forth in article 3 of this chapter
and meets any of the following criteria:
(1)
it is identified as a potential non-RCRA hazardous waste in section
66261.2(d)(1)(B)
or section
66261.2(d)(2)(B),
or is identified as a potential non-RCRA hazardous waste in Table 1 of section
66261.2;
(2) it is excluded from classification as a
solid waste or a hazardous waste in
40 CFR section
261.4.
(c) A container, or an inner liner from a
container, which is empty pursuant to
40 CFR section
261.7, but is required to be managed as a
hazardous waste pursuant to section
66261.7 is a non-RCRA hazardous
waste.
(d) A waste which is not
classified as a non-RCRA hazardous waste pursuant to the criteria in
subsections (a) through (c) of this section may be classified as a non-RCRA
hazardous waste if the generator can otherwise determine that the waste would
not be regulated as a hazardous waste pursuant to subtitle C of RCRA or
implementing regulations.
(e) The
Department or the USEPA may request the following items from a person claiming
that the hazardous waste generated or managed by that person is a non-RCRA
hazardous waste:
(1) documentation
demonstrating that the waste meets the applicable criteria in subsection (a),
(b), (c) or (d) of this section;
(2) analytical information, from a laboratory
certified by the Department pursuant to chapter 44 of this division,
demonstrating that the extracts from representative samples of the waste,
developed using the Toxicity Characteristic Leaching Procedure in Appendix I of
chapter 18 of this division, contain none of the substances in section
66261.24(a)(1)(B)
at a concentration which equals or exceeds the value for that substance in that
section;
(3) representative samples
of that waste.
Notes
2. Amendment of subsection (a)(3), new subsection (a)(4) and amendment of NOTE filed 2-13-2003; operative 3-15-2003 (Register 2003, No. 7).
Note: Authority cited: Sections 25141, 25159 and 58012, Health and Safety Code. Reference: Sections 25117, 25117.9, 25141 and 25159, Health and Safety Code.
2. Amendment of subsection (a)(3), new subsection (a)(4) and amendment of Note filed 2-13-2003; operative 3-15-2003 (Register 2003, No. 7).
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