Cal. Code Regs. Tit. 22, § 66261.4 - Exclusions
(a)
Materials which are not wastes. The following materials are not wastes for the
purpose of this chapter:
(1) industrial
wastewater discharges that are point source discharges subject to regulation
under section 402 of the federal Clean Water Act, as amended (33 U.S.C. section
1342). This exclusion applies only to the
actual point source discharge. It does not exclude industrial wastewaters while
they are being collected, stored or treated before discharge, nor does it
exclude sludges that are generated by industrial wastewater
treatment;
(2) source, special
nuclear or by-product material as defined by the federal Atomic Energy Act of
1954, as amended, (42 U.S.C.
section 2011 et seq.);
(3) spent sulfuric acid used to produce
virgin sulfuric acid, unless it is accumulated speculatively as defined in
section 66260.10.
(4) pulping liquors (e.g., black liquor) that
are reclaimed in a pulping liquor recovery furnace and then reused in the
pulping process, unless accumulated speculatively as defined in
66260.10.
(5) secondary materials
that are reclaimed and returned to the original process or processes in which
they were generated where they are reused in the production process provided:
(A) only tank storage is involved, and the
entire process through completion of reclamation is closed by being entirely
connected with pipes or other comparable enclosed means of
conveyance;
(B) reclamation does
not involve controlled flame combustion (such as occurs in boilers, industrial
furnaces, or incinerators);
(C) the
materials are never accumulated in such tanks for over twelve months without
being reclaimed; and
(D) the
reclaimed material is not used to produce a fuel, or used to produce products
that are used in a manner constituting disposal.
(b) Wastes which are not hazardous
wastes. The following wastes are not hazardous wastes:
(1) infectious waste which consists solely of
the carcasses of animals, which is not otherwise hazardous, and which is
handled, stored and disposed of according to all applicable requirements
established by the Department of Food and Agriculture pursuant to provisions of
chapter 1, part 1, division 5 (commencing with section 9101) and of chapter 5,
part 3, division 9 (commencing with section
19200)
of the Food and Agricultural Code;
(2) materials which are exempted or excluded
from classification as solid waste or hazardous waste pursuant to
40 CFR section
261.4 provided they are not listed in article
4.1 of this chapter, and do not exhibit a characteristic of a hazardous waste
as set forth in article 3 of this chapter;
(3) used oil re-refining distillation bottoms
that are used as feedstock to manufacture asphalt products;
(4) used chlorofluorocarbon refrigerants from
totally enclosed heat transfer equipment, including mobile air conditioning
systems, mobile refrigeration, and commercial and industrial air conditioning
and refrigeration systems that use chlorofluorocarbons as the heat transfer
fluid in a refrigeration cycle, provided the refrigerant is reclaimed for
further use.
(5)
(A) Wastes, which meet the criteria for
classification as a RCRA hazardous waste set forth in section
66261.100(a)(1), (a)(2), or
(a)(3), resulting from the extraction,
beneficiation, and processing of ores and minerals (including coal, phosphate
rock and overburden from the mining of uranium ore), except as provided by
40 CFR section
266.112 for facilities that burn or process
hazardous waste, are not hazardous wastes and are not subject to the
requirements of this division or of Chapter 6.5 of Division 20 of the Health
and Safety Code. However, these wastes remain subject to Article 9.5 of Chapter
6.5 of the Health and Safety Code if the wastes would otherwise be classified
as hazardous wastes pursuant to section
25117
of the Health and Safety Code or pursuant to this division. For purposes of
this paragraph, beneficiation of ores and minerals is restricted to the
following activities: Crushing; grinding; washing; dissolution;
crystallization; filtration; sorting; sizing; drying; sintering; pelletizing;
briquetting; calcining to remove water and/or carbon dioxide; roasting;
autoclaving, and/or chlorination in preparation for leaching (except where the
roasting (and/or autoclaving and/or chlorination)/leaching sequence produces a
final or intermediate product that does not undergo further beneficiation or
processing); gravity concentration; magnetic separation; electrostatic
separation; flotation; ion exchange; solvent extraction; electrowinning;
precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching.
For the purpose of this paragraph, solid waste from the processing of ores and
minerals includes only the following wastes:
1. Slag from primary copper
processing;
2. Slag from primary
lead processing;
3. Red and brown
muds from bauxite refining;
4.
Phosphogypsum from phosphoric acid production;
5. Slag from elemental phosphorus
production;
6. Gasifier ash from
coal gasification;
7. Process
wastewater from coal gasification;
8. Calcium sulfate wastewater treatment plant
sludge from primary copper processing;
9. Slag tailings from primary copper
processing;
10. Fluorogypsum from
hydrofluoric acid production;
11.
Process wastewater from hydrofluoric acid production;
12. Air pollution control dust/sludge from
iron blast furnaces;
13. Iron blast
furnace slag;
14. Treated residue
from roasting/leaching of chrome ore;
15. Process wastewater from primary magnesium
processing by the anhydrous process;
16. Process wastewater from phosphoric acid
production;
17. Basic oxygen
furnace and open hearth furnace air pollution control dust/sludge from carbon
steel production;
18. Basic oxygen
furnace and open hearth furnace slag from carbon steel production;
19. Chloride process waste solids from
titanium tetrachloride production;
20. Slag from primary zinc
processing.
(B) Waste
from the extraction, benefication, and processing of ores and minerals, as
those terms are defined in Health and Safety Code section
25143.1,
which would otherwise be classified as a non-RCRA hazardous waste pursuant to
section 66261.101, is not subject to the
requirements of this division or of Chapter 6.5 of the Health and Safety Code.
However, these wastes remain subject to Article 9.5 of Chapter 6.5 of the
Health and Safety Code if the wastes would otherwise be classified as hazardous
wastes pursuant to section
25117
of the Health and Safety Code or to this division.
(C) A waste residue derived from
co-processing of the mineral processing secondary materials as listed above
under paragraph (b)(5)(A) of this section with normal beneficiation raw
materials or with normal mineral processing raw materials shall remain excluded
as a hazardous waste under paragraph (b) of this section and pursuant to
section
25143.1
of the Health and Safety Code if the owner or operator does the following:
1. Processes at least 50 percent by weight
normal beneficiation raw materials or normal mineral processing raw materials;
and,
2. Legitimately reclaims the
secondary mineral processing materials.
(c) hazardous wastes which are
exempted from certain regulations. A hazardous waste which is generated in a
product or raw material storage tank, a product or raw material transport
vehicle or vessel, a product or raw material pipeline, or in a manufacturing
process unit or an associated non-waste-treatment-manufacturing unit, is not
subject to regulation under this division or to the notification requirements
of Health and Safety Code section
25153.6
until it exits the unit in which it was generated, unless the unit is a surface
impoundment, or unless the hazardous waste remains in the unit more than 90
days after the unit ceases to be operated for manufacturing, or for storage or
transportation of product or raw materials. The exemption in this subsection
applies only to the hazardous waste generated in the above-named tanks, not to
the tanks themselves. The tanks remain subject to the requirements of chapter
32 if the tank is a hazardous waste pursuant to article 3 of chapter 11 of this
division.
(d) samples;
(1) except as provided in subsections (d)(2)
and (4) of this section, a sample of waste or a sample of water, soil, or air,
which is collected for the sole purpose of testing to determine its
characteristics or composition, is not subject to any requirements of this
division or to the notification requirements of Health and Safety Code section
25153.6
when:
(A) the sample is being transported to a
laboratory for the purpose of testing; or
(B) the sample is being transported back to
the sample collector after testing; or
(C) the sample is being stored for less than
90 days by the sample collector before transport to a laboratory for testing;
or
(D) the sample is being stored
in a laboratory before testing; or
(E) the sample is being stored in a
laboratory after testing but before it is returned to the sample collector;
or
(F) the sample is being stored
temporarily in the laboratory after testing for a specific purpose (for
example, until conclusion of a court case or enforcement action where further
testing of the sample may be necessary).
(2) In order to qualify for the exemption in
subsections (d)(1)(A) and (d)(1)(B) of this section, a sample collector
shipping samples to a laboratory and a laboratory returning samples to a sample
collector shall:
(A) comply with California
Highway Patrol (CHP), U.S. Department of Transportation (DOT), U.S. Postal
Service (USPS), or any other applicable shipping requirements; or
(B) comply with the following requirements if
the sample collector determines that CHP, DOT, USPS, or other shipping
requirements do not apply to the shipment of the sample:
1. assure that the following information
accompanies the sample:
a. the sample
collector's name, mailing address, and telephone number;
b. the laboratory's name, mailing address,
and telephone number;
c. the
quantity of the sample;
d. the date
of shipment; and
e. a description
of the sample.
2.
package the sample so that it does not leak, spill, or vaporize from its
packaging.
(3) This exemption does not apply if the
laboratory determines that the waste is hazardous but the laboratory is no
longer meeting any of the conditions stated in subsection (d)(1) of this
section.
(4) In order to qualify
for the exemption in subsections (d)(1)(A) and (B) of this section, the mass of
a sample that shall be exported to a foreign laboratory or that shall be
imported to a U.S. laboratory from a foreign source shall additionally not
exceed 25 kg.
(e)
Treatability Study Samples.
(1) Except as
provided in subsections (e)(2) and (7) of this section, any person who
generates a treatability study sample for the purpose of conducting a
treatability study is not subject to Chapter 6.5 of Division 20 of the Health
and Safety Code with respect to that sample, except for the requirements of
subdivision (e) of Health and Safety Code section
25162,
or this division when:
(A) the treatability
study sample is being collected and prepared for transportation by the
generator or the agent of the generator;
(B) the treatability study sample is being
accumulated or stored by the generator or the agent of the generator prior to
transportation to a laboratory or testing facility; or,
(C) the treatability study sample is being
transported to the laboratory or testing facility for the purpose of conducting
a treatability study.
(2) The exemption specified in paragraph
(e)(1) of this section applies to samples of hazardous waste being collected
and shipped for the purpose of conducting treatability studies only if all of
the following conditions are met:
(A) the
treatability study sample mass is not more than 400 kilograms (kg) of any
hazardous waste that is not an extremely hazardous waste, 1 kg of extremely
hazardous waste, or 250 kg of soil, water, or debris contaminated with
extremely hazardous waste, for each process being evaluated for each generated
hazardous waste stream,
(B) the
treatability study sample is retained at the site of generation for not longer
than one year and not more than 10 days elapse between when the treatability
study sample is shipped to the laboratory or testing facility and when it is
received at the laboratory or testing facility,
(C) the generator or the agent of the
generator retains responsibility for the recycling or disposal of the
treatability study sample or its residues after the treatability study is
completed;
(D) at all times during
accumulation and storage, the treatability study samples are in containers that
are marked clearly with the words "treatability study sample," that are in a
good, nonleaking condition and that are clearly labeled with all of the
following information:
1. the composition and
physical state of the material;
2.
a statement that calls attention to the particular hazardous properties of the
treatability study sample;
3. the
name and address of the generator of the treatability study sample;
and
4. the date the treatability
study sample was first placed in the containers.
(3) each treatability study sample
may be transported only if the treatability study sample complies with all of
the following:
(A) the treatability study
sample is packaged so that it will not leak, spill, or vaporize from its
packaging during shipment, complies with all shipping requirements of the
Department of Transportation, United States Postal Service, or any other
applicable shipping requirements, and, at a minimum, is accompanied by all of
the following information:
1. the name,
mailing address, telephone number, and Environmental Protection Agency
identification number, if available, of the generator of the treatability study
sample or the agent of the generator.
2. The name, address, telephone number, and
EPA number, if available, of the facility that will perform the treatability
study.
3. The quantity of the
treatability study sample.
4. The
date of shipment.
5. A description
of the treatability study sample, including its California waste
code.
(B) The
treatability study sample is shipped to a laboratory or testing facility which
has a hazardous waste facilities permit issued pursuant to Health and Safety
Code section
25200,
is exempt from state hazardous waste facilities permitting requirements
pursuant to subsection (f) of section
66261.4 of this title or, if
located in another state, is authorized by that state or the Environmental
Protection Agency to conduct treatability studies or is exempted pursuant to
subsection (f) of Section
261.4 of Title 40 of the Code of Federal
Regulations.
(4) A generator or the agent of the generator
exempt pursuant to this section shall maintain the following records for three
years after completion of the treatability study and shall, if requested by the
department before the end of three years, retain the records for up to an
additional five years:
(A) Copies of shipping
documents.
(B) A copy of the
contract with the facility conducting the treatability study.
(C) Documentation showing the amount of waste
shipped, the name and address of the laboratory or testing facility that
received the waste, the date the shipment was made, and the final disposition
of unused portions of samples and residues.
(5) The department may grant an application,
on a case-by-case basis, following the submittal of information pursuant to
subdivision (e)(6) for an exemption for treatability study samples that exceed
the quantity limits specified in subdivision (e)(2)(A), for up to an additional
500 kg of hazardous waste that is not extremely hazardous waste, 1 kg of
extremely hazardous waste, and 250 kg of soil, water, or debris contaminated
with extremely hazardous waste, to conduct a further treatability study
evaluation, if the department finds that the exemption is necessary based on
any of the following:
(A) There has been an
equipment or mechanical failure during the conduct of a treatability study
rendering the treatability study sample unsuited for study.
(B) There is a need to repeat a portion of a
previously conducted treatability study.
(C) There is a need to study and analyze
alternative techniques within a treatability study and these multiple
techniques required greater total sample size.
(D) The treatability study design cannot
produce verifiable results without greater quantities of a sample.
(6) A generator applying for an
exemption pursuant to subdivision (e)(5) shall submit all of the following
information in writing to the department:
(A)
The reason why the generator or agent of the generator requires an additional
quantity of a treatability study sample for the treatability study.
(B) The quantity of the treatability study
sample for which the exemption is requested.
(C) Documentation accounting for all samples
of treatability study samples from the waste stream that have previously been
sent for, or undergone, treatability studies, including the dates of each
previous treatability study sample, the quantity of each previous treatability
study sample, the laboratory or testing facility to which each treatability
study sample was shipped, what treatability studies were conducted on each
treatability study sample shipped, and the results of each treatability
study.
(D) If the generator cites
paragraph (C) of subdivision (e)(5) as the basis for the exemption, a
description of the proposed technique or techniques to be evaluated.
(E) If the generator cites paragraph (A) of
subdivision (e)(5) as the basis for the exemption, information regarding the
reasons for the failure or breakdown and what procedures or improvements have
been made to protect against further breakdowns.
(F) Such other information that the U.S. EPA
Regional Administrator considers necessary.
(7) In order to qualify for the exemption in
subsection (e)(1)(A) of this section, the mass of a sample that shall be
exported to a foreign laboratory or testing facility, or that shall be imported
to a U.S. laboratory or testing facility from a foreign source shall
additionally not exceed 25 kg.
(f) Samples Undergoing Treatability Studies
at Laboratories and Testing Facilities;
(1)
Except as provided in subdivision (f)(2), Chapter 6.5 of Division 20 of the
Health and Safety Code, and division 4.5 of this title, do not apply to any
treatability study sample undergroing a treatability study, and those
activities of the laboratory or testing facility, including transportable
treatment units, conducting a treatability study, that are activities
exclusively devoted to, and in support of, the treatability study conducted on
a treatability study sample, if all of the following conditions are met:
(A) If a group of two or more transportable
treatment units are located at the same site, the requirements specified in
subdivision (f)(1) apply to the entire group of transportable treatment units
collectively as if the group were one unit.
(B) Not less than 45 days before conducting
the treatability study, the facility notifies the department in writing, that
it intends to conduct a treatability study pursuant to this
subsection.
(C) The laboratory or
testing facility conducting the treatability study has an Environmental
Protection Agency identification number.
(D) Not more than a total of 250 kg of
treatability study samples are subjected to initiation of treatment in all
treatability studies in any single day.
(E) The quantity of treatability study
samples stored at the facility for the purpose of evaluation in treatability
studies does not exceed 400 kg, the total of which may include not more than
200 kg of soil, water, or debris contaminated with extremely hazardous waste or
1 kg of extremely hazardous waste. This quantity limitation does not include
either of the following:
1. Treatability study
residues.
2. Treatment materials,
including nonhazardous waste, added to treatability study samples as received
hazardous waste.
(F) Not
more than 90 days has elapsed since the treatability study for the treatability
study sample was completed, or not more than one year have elapsed since the
generator or treatability study sample collector shipped the treatability study
sample to the laboratory or testing facility, whichever date first
occurs.
(G) The treatability study
does not involve the placement of hazardous waste on the land, incineration, or
the open burning of hazardous waste.
(H) The facility maintains records for three
years following completion of each study that show compliance with the
treatment rate limits and the storage time and quantity limits. All of the
following specific information shall be included for each treatability study
conducted:
1. The name, address, and
Environmental Protection Agency identification number of the generator or agent
of the generator of each treatability study sample.
2. The date the treatability study sample was
received.
3. The quantity of
treatability study sample accepted.
4. The quantity of treatability study samples
in storage each day.
5. The date
the treatability study was initiated and the amount of treatability study
samples introduced to treatment each day.
6. The date the treatability study was
concluded.
7. The date any unused
treatability study sample or residues generated from the treatability study
were returned to the generator or the agent of the generator or, if sent to a
designated facility, the name of the facility and the Environmental Protection
Agency identification number.
(I) The facility keeps, onsite, a copy of the
treatability study contract and all shipping papers associated with the
transport of treatability study samples to and from the facility for a period
ending three years from the completion date of each treatability
study.
(J) The facility prepares
and submits a report to the department not later than March 15 of each year
that estimates the number of studies and the amount of waste expected to be
used in treatability studies during the current year, and includes all of the
following information for the previous calendar year:
1. The name, address, and Environmental
Protection Agency identification number of the facility conducting the
treatability studies.
2. The
numbers of, and types, by process, of treatability studies conducted.
3. The names and addresses of persons for
whom studies have been conducted, including their Environmental Protection
Agency identification numbers.
4.
The total quantity of hazardous waste in storage each day.
5. The quantity and types of hazardous waste
subjected to treatability studies.
6. When each treatability study was
conducted.
7. The final disposition
of residues and unused treatability study samples from each treatability
study.
(K) The facility
determines whether any unused treatability study sample or residues generated
by the treatability study are hazardous waste that are subject to Chapter 6.5
of Division 20 of the Health and Safety Code, and division 4.5 of this title,
and, if so, the facility handles the unused treatability study sample or
residues in accordance with Chapter 6.5 of Division 20 of the Health and Safety
Code, and division 4.5 of this title, unless the residues and unused
treatability study samples are returned to the treatability study sample
originator, as specified in Health and Safety Code section 25158.2.
(L) The facility notifies the department by
letter when the facility is no longer planning to conduct any treatability
studies at the site.
(M) All
treatability studies shall be initiated within 60 days of the receipt of each
treatability study sample.
(g) controlled substances;
(1) A conditionally exempt controlled
substance, as defined in paragraph (2) of this subsection, which is managed in
accordance with the requirements of paragraph (3) of this subsection, is not a
waste for purposes of this division or Health and Safety Code, division 20,
chapter 6.5.
(2) For the purposes
of this division, a conditionally exempt controlled substance is a "controlled
substance", as defined in section
11007
of the Health and Safety Code, which meets all of the following conditions:
(A) the controlled substance is a discarded
material (as defined in section
66261.2(b)) which
is not excluded from the definition of a "waste" (as defined in section
66261.2(a)),
except pursuant to the provisions of this subsection;
(B) the controlled substance is solely a
non-RCRA hazardous waste, or the controlled substance or its management is
exempt or conditionally exempt from, or is not otherwise regulated pursuant to,
RCRA;
(C) the controlled substance
was seized by a peace officer, as defined in section
830 of the
Penal Code, or a person exercising the powers of a peace officer pursuant to
section
830.8 of the
Penal Code or otherwise authorized to exercise the powers of a peace officer
pursuant to applicable federal laws; and
(D) the controlled substance was seized from
a site other than a clandestine laboratory, or the controlled substance was
seized from such a laboratory for use as evidence or as a sample for purposes
of testing.
(3) A
conditionally exempt controlled substance shall be managed in accordance with
the following requirements:
(A) conditionally
exempt controlled substances shall be held in containers which are managed in
accordance with the requirements of sections
66265.171,
66265.172,
66265.173 and
66265.177;
(B) conditionally exempt controlled
substances shall be stored in an area:
1.
with ventilation approved by the local fire department,
2. separate from controlled substances which
are not conditionally exempt pursuant to this subsection and other chemicals
seized from clandestine laboratories, and
3. under the control of employees of a
federal, state or local law enforcement agency;
(C) transportation of conditionally exempt
controlled substances shall be in accordance with the following requirements:
1. conditionally exempt controlled substances
shall be transported by employees of a federal, state or local law enforcement
agency;
2. during transportation,
the conditionally exempt controlled substances shall be accompanied by a
shipping paper which, at a minimum, shall provide the following information:
a. a list of the substances being
transported;
b. the type and number
of containers being used to transport each type of substance;
c. the quantity, by weight or volume, of each
type of substance being transported (if known);
d. the state(s) (e.g., solid, powder, liquid,
semi-liquid, gas, etc.) of each type of substance being transported;
e. the final destination and interim
destinations, if any, of the substances;
f. the name and telephone number of an
emergency response contact, for use in the event of a spill or other
release;
g. the name, address and
telephone number of the law enforcement agency from which the shipment
originates, the printed name and signature of the peace officer authorizing the
shipment, and the date the shipment originates;
h. the name, address, telephone number and
signature of the law enforcement agency employee(s) responsible for the custody
and security of the substances during transportation; and
i. the name, address and telephone number of
the facility which is the final destination of the substances; and
3. in the event of a spill or
release of a conditionally exempt controlled substance during transportation,
the law enforcement agency employee responsible for the substance during
transportation shall take appropriate immediate action to protect human health
and the environment (e.g., notify local law enforcement agencies and/or other
local emergency response agencies, dike the spill area, etc.). The law
enforcement agency employee responsible for the released substance during
transportation shall clean up or provide for the clean up of the spilled or
released substance, or take such other action as may be required or approved by
Federal, State, or local officials to ensure that the release no longer
presents a hazard to human health or the environment;
(D) treatment of conditionally exempt
controlled substances shall be limited to:
1.
incineration in accordance with paragraphs (3)(E) of this subsection;
and
2. the addition of absorbent
material to a conditionally exempt controlled substance in a container or the
addition of a conditionally exempt controlled substance to absorbent material
in a container, in conjunction with incineration pursuant to paragraphs (3)(E)
of this subsection;
(E)
incineration of conditionally exempt controlled substances pursuant to this
subsection shall be subject to the following requirements and limitations:
1. conditionally exempt controlled substances
shall be incinerated under the following operating conditions:
a. incineration shall be in an airtight
combustion device operated under negative air pressure through the combustion
zone;
b. a feed airlock or an
equivalent mechanism shall be used to prevent fugitive emissions;
c. the temperature in the combustion zone
shall be maintained at or above 1600 degrees Fahrenheit for a minimum residence
time of one second;
d. when only
controlled substances are being incinerated, the controlled substance feed rate
shall be between 25 percent and 75 percent of the incinerator's thermal design
capacity;
e. when controlled
substances are being incinerated with other materials, the total feed rate
shall be greater than 40 percent, and no more than 100 percent, of the
incinerator's thermal design capacity; and
f. if the incineration facility is not
equipped with emissions control devices (e.g., scrubbers), the controlled
substances feed rate shall be limited to 40 pounds per hour; and
2. the incineration facility shall
comply with all applicable Federal, State and local regulatory agency
requirements;
(F) all
law enforcement agency and incinerator facility personnel who handle
conditionally exempt controlled substances shall complete health and safety
training equivalent to the training required under Title 8, CCR, section 5194,
within six months after the effective date of these regulations. No personnel
shall be newly assigned to handle conditionally exempt controlled substances
after the effective date of these regulations until they have completed the
required health and safety training.
(4) Except as provided in paragraph (3) of
this subsection, conditionally exempt controlled substances shall be stored,
transported, treated and disposed of as hazardous waste in accordance with the
requirements of this division and Health and Safety Code, division 20, chapter
6.5.
(5) Any controlled substance,
as defined in section
11007
of the Health and Safety Code, which is not a hazardous waste, pursuant to
section 66262.11, is not subject to the
requirements of this division.
(h) CRT panel glass that meets the criteria
specified in section
66273.81 of chapter 23 of this
division and is destined for disposal in a CRT panel glass approved landfill
pursuant to section
66273.75 of chapter 23, and is
managed prior to disposal in accordance with the management standards specified
in sections
66273.73 and
66273.75 and article 8 of chapter
23, is not a hazardous waste for purposes of disposal. CRT panel glass that is
excluded and managed in accordance with this exclusion and the standards
specified therein is exempt from the generator and hazardous waste disposal
fees.
(i) CRT panel glass that is
managed in accordance with section 25143.2.5 of the Health and Safety Code is
not subject to regulation by DTSC pursuant to Health and Safety Code, division
20, chapter 6.5.
(j) Airbag waste.
(1) Airbag waste at the airbag waste handler
or during transport to an airbag waste collection facility or designated
facility is not subject to regulation under chapters 12 through 16, 18, and 20
through 21 of this division, and is not subject to the notification
requirements of Health and Safety Code section
25153.6
provided that:
(A) The airbag waste is
accumulated in a quantity of no more than 250 airbag modules or airbag
inflators, for no longer than 180 days;
(B) The airbag waste is packaged in a
container designed to address the risk posed by the airbag waste and labeled
"Airbag Waste-Do Not Reuse";
(C)
The airbag waste is sent directly to either:
1. An airbag waste collection facility in the
United States under the control of a vehicle manufacturer or their authorized
representative, or under the control of an authorized party administering a
remedy program in response to a recall under the National Highway Traffic
Safety Administration, or
2. A
designated facility as defined in section
66260.10 of this
division;
(D) The
transport of the airbag waste complies with all applicable U.S. Department of
Transportation regulations in 49 CFR parts 171 through 180 during
transit;
(E) The airbag waste
handler maintains at the handler facility for no less than three years records
of all offsite shipments of airbag waste and all confirmations of receipt from
the receiving facility. For each shipment, these records shall, at a minimum,
contain the name of the transporter and date of the shipment; name and address
of receiving facility; and the type and quantity of airbag waste (i.e., airbag
modules or airbag inflators) in the shipment. Confirmations of receipt shall
include the name and address of the receiving facility; the type and quantity
of the airbag waste (i.e., airbag modules and airbag inflators) received; and
the date which it was received. Shipping records and confirmations of receipt
shall be made available for inspection and may be satisfied by routine business
records (e.g., electronic or paper financial records, bills of lading, copies
of DOT shipping papers, or electronic confirmations of receipt).
(2) Once airbag waste arrives at
an airbag waste collection facility or designated facility, it becomes subject
to all applicable hazardous waste regulations, including chapters 12 through
16, 18, and 20 through 21 of this division, and the facility receiving the
airbag waste is considered the hazardous waste generator for the purposes of
the hazardous waste regulations and shall comply with the requirements of
chapter 12 of this division.
(3)
Reuse in vehicles of defective airbag modules or defective airbag inflators
subject to a recall under the National Highway Traffic Safety Administration is
prohibited.
Notes
Note: Authority cited: Sections 25140, 25141, 25141.5, 25143.2.5, 25150, 25159, 25159.5, 25214.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25117, 25212, 25124, 25140, 25141, 25141.5, 25143, 25143.1, 25143.2, 25143.2.5, 25143.4(a), 25143.11, 25159, 25159.5 and 25214.9, Health and Safety Code; and 40 CFR Section 261.4.
Note: Authority cited: Sections 25140, 25141, 25141.5, 25143.2.5, 25150, 25159, 25159.5, 25214.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25117, 25212, 25124, 25140, 25141, 25141.5, 25143, 25143.1, 25143.2, 25143.2.5, 25143.4(a), 25143.11, 25159, 25159.5 and 25214.9, Health and Safety Code; and 40 CFR Section 261.4.
2. Repealer of subsection (b)(2) and renumbering of following subsections and amendments filed 6-28-91 as an emergency; operative 6-28-91 (Register 91, No. 41). A Certificate of Compliance must be transmitted to OAL 10-28-91 or emergency language will be repealed by operation of law on the following day.
3. New subsection (e) filed 4-23-92 as an emergency; operative 4-23-92 (Register 92, No. 18). A Certificate of Compliance must be transmitted to OAL 8-21-92 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new subsection (e) filed 6-22-92 as an emergency; operative 6-22-92 (Register 92, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-20-92 or emergency language will be repealed by operation of law on the following day.
5. Repealer of subsection (b)(2) filed 8-25-92; operative 8-25-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 35).
6. Editorial correction of HISTORY 2. (Register 92, No. 35).
7. Editorial correction of HISTORY 2. (Register 92, No. 42).
8. Repealer and new subsection (e) refiled 10-22-92 as an emergency; operative 10-19-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-22-93 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of printing error in subsection (d)(1) (Register 92, No. 49).
10. Repealer and new subsection (e) refiled 2-16-93 as an emergency; operative 2-16-93 (Register 93, No. 8). A Certificate of Compliance must be transmitted to OAL 6-16-93 or emergency language will be repealed by operation of law on the following day.
11. Repealer and new subsection (e) filed 6-14-93 as an emergency; operative 6-15-93 (Register 93, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-13-93 or emergency language will be repealed by operation of law on the following day.
12. Repealer and new subsection (e) refiled 10-13-93 as an emergency; operative 10-13-93 (Register 93, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-10-94 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 10-13-93 order with amendments transmitted to OAL 12-3-93 and filed 1-14-94 (Register 94, No. 2).
14. New subsections (e)-(f)(2) and subsection redesignation filed 5-27-94 as an emergency; operative 5-27-94 (Register 94, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-26-94 or emergency language will be repealed by operation of law on the following day.
15. New subsections (e)-(f)(2) and subsection redesignation refiled 9-19-94 as an emergency; operative 9-19-94 (Register 94, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95 or emergency language will be repealed by operation of law on the following day.
16. Editorial correction of subsection (f)(1) (Register 95, No. 2).
17. New subsections (e)-(f)(2) and subsection redesignation refiled 1-13-95 as an emergency; operative 1-13-95 (Register 95, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-15-95 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 1-13-95 order transmitted to OAL 4-10-95 and filed 5-22-95 (Register 95, No. 21).
19. New subsections (a)(4)-(a)(4)(D) and (b)(3) and amendment of Note filed 2-3-98; operative 3-5-98 (Register 98, No. 6).
20. Amendment of subsection (c) filed 8-6-98; operative 8-6-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 32).
21. New subsections (b)(4)-(b)(5)(B) and amendment of Note filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
22. Editorial correction restoring inadvertently deleted subsection (e)(4) (Register 99, No. 12).
23. Amendment of subsections (b)(2)-(4) and Note filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).
24. Change without regulatory effect amending subsection (b)(5)(A) and adopting subsection (b)(5)(C) filed 7-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 30).
25. New subsection (h) and amendment of Note filed 10-15-2012 as an emergency; operative 10-15-2012 (Register 2012, No. 42). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
26. New subsection (h) and amendment of Note refiled 9-15-2014 as an emergency; operative
27. New subsection (h) and amendment of Note refiled 9-12-2016 as an emergency; operative 9-12-2016 (Register 2016, No. 38). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
28. Amendment of subsection (d)(1), new subsection (d)(4), amendment of subsection (e)(1) and new subsections (e)(6)(F) and (e)(7) filed 8-20-2018 as a change without regulatory effect pursuant to Health and Safety Code section 25159.1; operative 8-20-2018 (Register 2018, No. 34).
29. Certificate of Compliance as to 9-12-2016 order, including amendment of subsection (h), new subsection (i) and amendment of Note, transmitted to OAL 9-10-2018 and filed 10-22-2018; amendments effective
30. New subsections (b)(6)-(b)(6)(J) and amendment of Note filed 12-10-2021 as an emergency; operative
31. New subsections (b)(6)-(b)(6)(J) refiled 6-6-2022 as an emergency; operative
32. Reinstatement of section as it existed prior to 6-6-2022 emergency amendment by operation of Government Code section 11346.1(f) (Register 2022, No. 36).
33. New subsections (j)-(j)(3) filed 3-15-2024 as an emergency; operative
34. New subsections (j)-(j)(3) refiled 9-5-2024 as an emergency; operative
35. New subsections (j)-(j)(3) refiled 12-2-2024 as an emergency; operative
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