Cal. Code Regs. Tit. 22, § 66268.45 - Treatment Standards for Hazardous Debris

(a) Treatment standards. Hazardous debris shall be treated prior to land disposal as follows unless the Department determines under section 66261.3(e)(2) of this division that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in this article for the waste contaminating the debris;

(1) General. Hazardous debris shall be treated for each "contaminant subject to treatment" defined by paragraph (b) of this section using the technology or technologies identified in Table 1 of this section.

(2) Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under sections 66261.21, 66261.22, and 66261.23, respectively, shall be deactivated by treatment using one of the technologies identified in Table 1 of this section.

(3) Mixtures of debris types. The treatment standards of Table 1 in this section shall be achieved for each type of debris contained in a mixture of debris types. If an immobilization technology is used in a treatment train, it shall be the last treatment technology used.

(4) Mixtures of contaminant types. Debris that is contaminated with two or more contaminants subject to treatment identified under paragraph (b) of this section shall be treated for each contaminant using one or more treatment technologies identified in Table 1 of this section. If an immobilization technology is used in a treatment train, it shall be the last treatment technology used.

(5) Waste PCBs. Hazardous debris that is also a waste PCB under 40 CFR part 761 is subject to the requirements of either 40 CFR part 761 or the requirements of this section, whichever are more stringent.

(b) Contaminants subject to treatment. Hazardous debris shall be treated for each "contaminant subject to treatment." The contaminants subject to treatment shall be determined as follows:

(1) Toxicity characteristic debris. The contaminants subject to treatment for debris that exhibits the Toxicity Characteristic (TC) by section 66261.24(a)(1) are those EP constituents for which the debris exhibits the TC toxicity characteristic.

(2) Debris contaminated with listed waste. The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under section 66268.40.

(3) Cyanide reactive debris. Hazardous debris that is reactive because of cyanide shall be treated for cyanide.

(c) Conditioned exclusion of treated debris. Hazardous debris that has been treated using one of the specified extraction or destruction technologies in Table 1 of this section and that does not exhibit a characteristic of hazardous waste as identified in article 3 of chapter 11 of this division after treatment is not a hazardous waste and need not be managed in a hazardous waste facility. Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table 1 is a hazardous waste and shall be managed in a hazardous waste facility.

(d) Treatment residuals -

(1) General Requirements. Except as provided by paragraphs (d)(2) and (d)(4) of this section:

(A) Residue from the treatment of hazardous debris shall be separated from the treated debris using simple physical or mechanical means; and

(B) Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by article 4 of this chapter for the waste contaminating the debris.

(2) Nontoxic debris. Residue from the deactivation of ignitable, corrosive, or reactive characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with a contaminant subject to treatment defined by subsection (b) of this section, shall be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of article 4 of this chapter.

(3) Cyanide-reactive debris. Residue from the treatment of debris that is reactive because of cyanide shall meet the treatment standards for D003 in "Treatment Standards for Hazardous Wastes" under section 66268.40.

(4) Ignitable nonwastewater residue. Ignitable nonwastewater residue containing equal to or greater than 10% total organic carbon is subject to the technology specified in the treatment standard for D001: Ignitable Liquids.

(5) Residue from spalling. Layers of debris removed by spalling are hazardous debris that remain subject to the treatment standards of this section.

Notes

Cal. Code Regs. Tit. 22, § 66268.45

1. New section and Table 1 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.
2. New section and Table 1 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.
3. New section and Table 1 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.
4. New section and Table 1 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.
5. Certificate of Compliance as to 10-24-94 order including amendment of subsections (a)-(b)(1), (b)(3), (c), (d)(1), (d)(1)(A) and (d)(2)-(3) and amendment of Table 1 transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
6. Change without regulatory effect amending subsections (a), (c), (d)(1)(B) and (d)(2) and footnote 8 of Table 1 filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).
7. Change without regulatory effect amending subsections (a), (b)(1), (d)(3) and (d)(4) filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).
8. Change without regulatory effect amending subsection (c)(4) filed 6-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 24).

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 268.45.

1. New section and Table 1 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.
2. New section and Table 1 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.
3. New section and Table 1refiled 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.
4. New section and Table 1refiled 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.
5. Certificate of Compliance as to 10-24-94 order including amendment of subsections (a)-(b)(1), (b)(3), (c), (d)(1), (d)(1)(A) and (d)(2)-(3) and amendment of Table 1 transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
6. Change without regulatory effect amending subsections (a), (c), (d)(1)(B) and (d)(2) and footnote 8 of Table 1 filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).
7. Change without regulatory effect amending subsections (a), (b)(1), (d)(3) and (d)(4) filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).
8. Change without regulatory effect amending subsection (c)(4) filed 6-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 24).