Cal. Code Regs. Tit. 22, § 66268.40 - Applicability of Treatment Standards
NOTE: The
(a) A prohibited waste
identified in the table "Treatment Standards for Hazardous Wastes" may be land
disposed only if it meets the requirements found in the table. For each waste ,
the table identifies one of three types of treatment standard requirements:
(1) All hazardous constituents in the waste
or in the treatment residue shall be at or below the values found in the table
for that waste ("total waste standards"); or,
(2) The hazardous constituents in the extract
of the waste or in the extract of the treatment residue shall be at or below
the values found in the table ("waste extract standards"); or,
(3) The waste shall be treated using the
technology specified in the table ("technology standard"), which are described
in detail in section
66268.42 Table 1 - Technology
Codes and Description of Technology-Based Standards.
(b) For wastewaters , compliance with
concentration level standards is based on maximums for any one day , except for
D004 through D011 wastes for which the previously promulgated treatment
standards based on grab samples remain in effect. For all nonwastewaters ,
compliance with concentration level standards is based on grab sampling. For
wastes covered by the waste extract standards, the test Method 1311, the
Toxicity Characteristic Leaching Procedure found in "Test Methods for
Evaluating Solid Waste , Physical/Chemical Methods." EPA Publication SW-846, as
incorporated by reference in section
66260.11(a)(19),
shall be used to measure compliance. An exception is made for D004 and D008,
for which either of two test methods may be used: Method 1311, or Method 1310,
the Extraction Procedure Toxicity Test. For wastes covered by a technology
standard, the wastes may be land disposed after being treated using that
specified technology or an equivalent treatment technology approved by the
Department under the procedures set forth in section
66268.42(b).
(c) When wastes with differing treatment
standards for a constituent of concern are combined for purposes of treatment ,
the treatment residue shall meet the lowest treatment standard for the
constituent of concern.
(d)
Notwithstanding the prohibitions specified in subsection (a) of this section,
treatment and disposal facilities may demonstrate (and certify pursuant to
section 66268.7(b)(5))
compliance with the treatment standards for organic constituents specified by a
footnote in the table "Treatment Standards for Hazardous Wastes" in this
section, provided the following conditions are satisfied:
(1) The treatment standards for the organic
constituents were established based on incineration in units operated in
accordance with the technical requirements of article 15 of chapter 14 or based
on combustion in fuel substitution units operating in accordance with
applicable technical requirements;
(2) The treatment or disposal facility has
used the methods referenced in subsection (d)(1) of this section to treat the
organic constituents; and
(3) The
treatment or disposal facility may demonstrate compliance with organic
constituents if good-faith analytical efforts achieve detection limits for the
regulated organic constituents that do not exceed the treatment standards
specified in this section by an order of magnitude.
(e) For characteristic wastes (D001-D043)
that are subject to treatment standards in the following table "Treatment
Standards for Hazardous Wastes," and are not managed in a wastewater treatment
system that is regulated under the federal Clean Water Act (CWA), that is
federal CWA-equivalent, or that is injected into a Class I nonhazardous deep
injection well , all underlying hazardous constituents (as defined in section
66260.10) shall meet Universal
Treatment Standards, found in section
66268.48, Table Universal
Treatment Standards, prior to land disposal as defined in section
66260.10 of this
division.
(f) The treatment
standards for F001--F005 nonwastewater constituents carbon disulfide,
cyclohexanone, and/or methanol apply to wastes which contain only one, two, or
three of these constituents. Compliance is measured for these constituents in
the waste extract from test Method 1311, the Toxicity Characteristic Leaching
Procedure found in "Test Method for Evaluating Solid Waste , Physical/Chemical
Methods." EPA Publication SW-846, as incorporated by reference in section
66260.11(a)(19).
If the waste contains any of these three constituents along with any of the
other 25 constituents found in F001--F005, then compliance with treatment
standards for carbon disulfide, cyclohexanone, and/or methanol are not
required.
(g) Between August 26,
1996 and March 4, 1999 the treatment standards for the wastes specified in
section 66261.32 as EPA Hazardous Waste
numbers K156-K159, and K161; and in section
66261.33 as EPA Hazardous Waste
numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271,
U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411;
and soil contaminated with these wastes; may be satisfied by either meeting the
constituent concentrations presented in the table "Treatment Standards for
Hazardous Wastes" in this section, or by treating the waste by the following
technologies: combustion, as defined by the technology code CMBST in section
66268.42 Table 1, for
nonwastewaters ; and, biodegradation as defined by the technology code BIODG,
carbon adsorption as defined by the technology code CARBN, chemical oxidation
as defined by the technology code CHOXD, or combustion as defined as technology
code CMBST at section
66268.42 Table 1, for
wastewaters .
(h) Prohibited
D004-D011 mixed radioactive wastes and mixed radioactive listed wastes
containing metal constituents, that were previously treated by stabilization to
the treatment standards in effect at that time and then put into storage , do
not have to be re-treated to meet treatment standards in this section prior to
land disposal .
(i) Zinc
micronutrient fertilizers that are produced for the general public's use and
that are produced from or contain recycled characteristic hazardous wastes
(D004-D011) are subject to the applicable treatment standards in section 268.41
contained in the 40 CFR, parts 260 to 299, edition revised as of July 1,
1990.
(j) Effective September 4,
1998, the treatment standards for the wastes specified in section
66261.33 as EPA Hazardous Waste
numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by either
meeting the constituent concentrations presented in the table "Treatment
Standards for Hazardous Wastes" in this section, or by treating the waste by
the following technologies: combustion, as defined by the technology code CMBST
at section
66268.42 Table 1 of this chapter,
for nonwastewaters ; and, biodegradation as defined by the technology code
BIODG, carbon adsorption as defined by the technology code CARBN, chemical
oxidation as defined by the technology code CHOXD, or combustion as defined as
technology code CMBST at section
66268.42 Table 1 of this chapter,
for wastewaters .
Notes
2. Repealer and new text, amendment of NOTE, and new Table filed 10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency language will be repealed by operation of law on the following
3. Repealer and new text, amendment of NOTE, and new Table refiled 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-95 or emergency language will be repealed by operation of law on the following
4. Repealer and new text, amendment of NOTE, and new Table refiled 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following
5. Repealer and new text, amendment of NOTE, and new Table refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following
6. Certificate of Compliance as to 10-24-94 order including amendment of subsections (a)(1)-(c), (e) and (f) and table transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
7. Change without regulatory effect amending subsections (d) and (e) filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).
8. Amendment of listing P015 in Table filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
9. Change without regulatory effect amending subsection (a), repealing and adopting new subsection (e), adding new subsections (g)-(h), and repealing and adopting new table filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).
10. Change without regulatory effect amending subsection (g), adding subsections (i)-(j) and amending Table "
11. Change without regulatory effect amending subsection (j) and amending Table, "
12. Change without regulatory effect amending Table, "
13. Change without regulatory effect amending Table, "
Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.40.
2. Repealer and new text, amendment of Note, and new Table filed 10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency language will be repealed by operation of law on the following
3. Repealer and new text, amendment of Note, and new Table refiled 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-95 or emergency language will be repealed by operation of law on the following
4. Repealer and new text, amendment of Note, and new Table refiled 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following
5. Repealer and new text, amendment of Note, and new Table refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following
6. Certificate of Compliance as to 10-24-94 order including amendment of subsections (a)(1)-(c), (e) and (f) and table transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
7. Change without regulatory effect amending subsections (d) and (e) filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).
8. Amendment of listing P015 in Table filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
9. Change without regulatory effect amending subsection (a), repealing and adopting new subsection (e), adding new subsections (g)-(h), and repealing and adopting new table filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).
10. Change without regulatory effect amending subsection (g), adding subsections (i)-(j) and amending Table "
11. Change without regulatory effect amending subsection (j) and amending Table, "
12. Change without regulatory effect amending Table, "
13. Change without regulatory effect amending Table, "
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