Cal. Code Regs. Tit. 22, § 66268.42 - Treatment Standards Expressed As Specified Technologies

NOTE: For the requirements previously found in this section in Table 2 -- TECHNOLOGY-BASED STANDARDS BY RCRA WASTE CODE, and Table 3 -- TECHNOLOGY-BASED STANDARDS FOR SPECIFIC RADIOACTIVE HAZARDOUS MIXED WASTE, refer to section 66268.40 of this chapter.

(a) The following wastes in the table in section 66268.40"Treatment Standards for Hazardous Wastes," for which standards are expressed as a treatment method rather than a concentration level, shall be treated using the technology or technologies specified in the table entitled "Technology Codes and Description of Technology-Based Standards" in this section.

(1) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm but less than 500 ppm shall be incinerated in accordance with the technical requirements of 40 CFR 761.70 or burned in high efficiency boilers in accordance with the technical requirements of 40 CFR 761.60. Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 500 ppm shall be incinerated in accordance with the technical requirements of 40 CFR 761.70. Thermal treatment under this section shall also be in compliance with applicable regulations in chapters 14, 15, and 16.

(2) Nonliquid hazardous wastes containing halogenated organic compounds (HOCs) in total concentration greater than or equal to 1,000 mg/kg and liquid HOC-containing wastes that are prohibited under section 66268.32(e)(1) of this chapter shall be incinerated in accordance with the requirements of chapter 14, article 15 or chapter 15, article 15. These treatment standards do not apply where the waste is subject to a chapter 18, article 4 treatment standard for a specific HOC (such as a hazardous waste chlorinated solvent for which a treatment standard is established under section 66268.41(a)).

(b) Any person may submit an application to the Department demonstrating that an alternative treatment method will result in a level of performance substantially equivalent or greater than that achievable using the method or methods specified in paragraphs (a), (c) and (d) of this section for wastes or hazardous debris specified in Table 1 of section 66268.45. The applicant shall demonstrate that the USEPA Administrator has approved the use of the alternative treatment method pursuant to 40 CFR 268.42(b). The approval shall demonstrate to the satisfaction of the Department that the method is in compliance with all federal, state and local requirements and is protective of human health and the environment. On the basis of such information and any other available information, the Department may approve the use of the alternative treatment method if the Department finds that the alternative treatment method will result in a level of performance substantially equivalent or greater than that achievable using the methods specified in subsections (a), (c) and (d) of this section for wastes or hazardous debris specified in Table 1 of section 66268.45. Any approval shall be stated in writing and may contain such provisions and conditions as the Department deems appropriate. The person to whom such approval is issued shall comply with all limitations contained in such a determination.

(c) As an alternative to the otherwise applicable article 4 treatment standards, lab packs are eligible for land disposal provided the following requirements are met:

(1) the lab packs comply with the applicable provisions of section 66264.316 and section 66265.316;

(2) the lab pack does not contain any of the wastes listed in Appendix IV to chapter 18;

(3) the lab packs are incinerated in accordance with the requirements of article 15, chapter 14 or article 15, chapter 15 and;

(4) any incinerator residues from lab packs containing D004, D005, D006, D007, D008, D010, and D011 are treated in compliance with the applicable treatment standards specified for such wastes in article 4, chapter 18.

(d) Radioactive hazardous mixed wastes are subject to the treatment standards in section 66268.40. Where treatment standards are specified for radioactive mixed wastes in the Table of Treatment Standards, those treatment standards will govern. Where there is no specific treatment standard for radioactive mixed waste, the treatment standard for the hazardous waste (as designated by EPA waste code) applies. Hazardous debris containing radioactive waste is subject to the treatment standards specified in section 66268.45.

Notes

Cal. Code Regs. Tit. 22, § 66268.42

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of section, NOTE and Table 1 and repealer of Tables 2 and 3 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 day.
3. Amendment of section, NOTE and Table 1 and repealer of Tables 2 and 3 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 day.
4. Amendment of section, NOTE and Table 1 and repealer of Tables 2 and 3 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 day.
5. Amendment of section, NOTE and Table 1 and repealer of Tables 2 and 3 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 day.
6. Certificate of Compliance as to 10-24-94 order including new subsection (a)(3) and amendment of subsection (b) and Table 1 transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
7. Change without regulatory effect repealing and adopting new subsection (a), repealing subsection (a)(3), and amending table filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).
8. Change without regulatory effect amending Table 1 filed 2-26-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 9).

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 268.42.

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of section, Note and Table 1 and repealer of Tables 2 and 3 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 day.
3. Amendment of section, Note and Table 1 and repealer of Tables 2 and 3 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 day.
4. Amendment of section, Note and Table 1 and repealer of Tables 2 and 3 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 day.
5. Amendment of section, Note and Table 1 and repealer of Tables 2 and 3 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 day.
6. Certificate of Compliance as to 10-24-94 order including new subsection (a)(3) and amendment of subsection (b) and Table 1 transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
7. Change without regulatory effect repealing and adopting new subsection (a), repealing subsection (a)(3), and amending table filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).
8. Change without regulatory effect amending Table 1 filed 2-26-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 9).