Cal. Code Regs. Tit. 22, § 66265.13 - General Waste Analysis

(a)

(1) Before an owner or operator transfers, treats, stores, or disposes of any hazardous waste, or non-hazardous waste if applicable under section 66265.113(d), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum, this analysis shall contain all the information which must be known to transfer, treat, store, or dispose of the waste in accordance with the requirements of this chapter and chapter 18 of this division.

(2) The analysis may include data developed under chapter 11 of this division, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.

(A) The facility's record of analyses performed on the waste before the effective date of these regulations, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with subsection (a)(1) of this section.

(B) The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part or all of the information required by subsection (a)(1) of this section, except as otherwise specified in section 66268.7(b) and (c).

(3) If the generator does not supply the information as specified in subsection (a)(2)(B) of this section, and the owner or operator chooses to accept a hazardous waste, the owner or operator shall obtain the information required to comply with this section.

(4) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated:

(A) when the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste, or non-hazardous waste, if applicable under section 66265.113(d), has changed; and

(B) for off-site facilities, when the results of the inspection required in subsection (a)(5) of this section indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.

(5) The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

(b) The owner or operator shall develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with subsection (a) of this section. The owner or operator shall keep this plan at the facility. At a minimum, the plan shall specify:

(1) the parameters for which each hazardous waste, or non-hazardous waste if applicable under section 66265.113(d), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsection (a) of this section);

(2) the test methods which will be used to test for these parameters;

(3) the sampling and sampling management methods which will be used to obtain a representative sample of the waste to be analyzed. The sampling, planning methodology, equipment, sample processing, documentation and custody procedures shall be in accordance with either:

(A) one of the sampling methods described in Appendix I of chapter 11 of this division; or

(B) an equivalent sampling method.

(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date;

(5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply; and

(6) where applicable, the methods which will be used to meet the additional waste analysis requirements for specific waste management methods as specified in sections 66265.193, 66265.200, 66265.225, 66265.252, 66265.273, 66265.314, 66265.341, 66265.375, 66265.402, 66265.1034(d), 66265.1063(d), 66265.1084 and 66268.7 of this division.

(7) For owners and operators seeking an exemption to the air emission standards of article 30 in accordance with section 66265.1083:

(A) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption.

(B) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge of the waste.

(c) For off-site facilities, the waste analysis plan required in subsection (b) of this section shall also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan shall describe:

(1) the procedures which will be used to determine the identity of each movement of waste managed at the facility; and

(2) the sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.

(3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.

Notes

Cal. Code Regs. Tit. 22, § 66265.13

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsection (b)(6) and NOTE filed 12-23-92; operative 1-22-93 (Register 93, No. 1).
3. New subsection (c)(3) and amendment of NOTE filed 8-8-95; operative 8-8-95 (Register 95, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-6-95 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction inserting inadvertently omitted HISTORY 3 (Register 95, No. 37).
5. Reinstatement of section as it existed prior to emergency amendment filed 9-15-95 by operation of Government Code section 11346.1(f) (Register 95, No. 37).
6. Amendment of subsection (a)(2)(B) filed 1-31-96; operative 1-31-96 (Register 96, No. 5).
7. Amendment of subsections (a)(1), (a)(4)(A) and (b)(1) and NOTE filed 6-20-96; operative 7-20-96 (Register 96, No. 25).
8. Editorial correction restoring inadvertently omitted subsections (b)(3)(B)-(b)(5) (Register 97, No. 10).
9. New subsection (c)(3) filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
10. Change without regulatory effect amending subsection (b)(6), adding subsections (b)(7)-(b)(7)(B) and amending NOTE filed 6-11-99 pursuant to Health and Safety Code section 25159.1 (Register 99, No. 24).
11. Change without regulatory effect amending subsection (c) filed 7-1-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.13.

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsection (b)(6) and Note filed 12-23-92; operative 1-22-93 (Register 93, No. 1).
3. New subsection (c)(3) and amendment of Note filed 8-8-95; operative 8-8-95 (Register 95, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-6-95 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction inserting inadvertently omitted History 3 (Register 95, No. 37).
5. Reinstatement of section as it existed prior to emergency amendment filed 9-15-95 by operation of Government Code section 11346.1(f) (Register 95, No. 37).
6. Amendment of subsection (a)(2)(B) filed 1-31-96; operative 1-31-96 (Register 96, No. 5).
7. Amendment of subsections (a)(1), (a)(4)(A) and (b)(1) and Note filed 6-20-96; operative 7-20-96 (Register 96, No. 25).
8. Editorial correction restoring inadvertently omitted subsections (b)(3)(B)-(b)(5) (Register 97, No. 10).
9. New subsection (c)(3) filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
10. Change without regulatory effect amending subsection (b)(6), adding subsections (b)(7)-(b)(7)(B) and amending Note filed 6-11-99 pursuant to Health and Safety Code section 25159.1 (Register 99, No. 24).
11. Change without regulatory effect amending subsection (c) filed 7-1-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).