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0 RECEIVED 0 i •, 3. # 123 — 22 CCR 66262.42 (a); Failure to determine status of hazardous waste when copy of manifest signed by destination facility not received within 35 days. The manifest signed by the destination facility was kept by the generator as required by 22 CCR 66262.40 (a), therefore no violation occurred. 4. # 124 — 22 CCR 66262.42 (b); Failed to file an exception report when copy of manifest signed by destination facility not received within 45 days. The manifest signed by the destination facility was kept by the generator as required by 22 CCR 66262.40 (a), therefore no violation occurred. 5. # 301 — 22 CCR 66265.31; Facility not maintained to minimize the release of a hazardous waste. • 22 CCR 66265.1 (b) states, "...the requirements of this chapter... apply to owners and operators of facilities that transfer, treat, store or dispose of hazardous waste..." • 22 CCR 66265.1 (e) (7) further states, "The requirements of this chapter do not apply to generators accumulating waste on-site in compliance with section 66262.34 of this division, except to the extent the requirements are included in section 66262.34 of this division." ® 66262.34 (d) states that "A generator of less than 1,000 kilograms of hazardous waste in any calendar month who accumulates hazardous waste onsite forl 80 days or less, or 270 days or less if the generator transports the generator's own waste, or offers the generator's own waste for transportation, over a distance of 200 miles or more, for offsite treatment, storage, or disposal, is not a storage facility if all of the following apply: 1. The quantity of hazardous waste accumulated onsite never exceeds 6,000 kilograms 2. The generator complies with the requirements of 40 Code of Federal Regulations section 262.34 (d), (e) and (f). 40 CFR 262.34 (d), (e) and (f) apply to generators who generate between 100 kg and 1,000 kg of hazardous waste per month, and excludes generators who generate less than 100 kg of hazardous waste (CESQG). The Stockton Mormon Rail Yard generated 85 gallons of used oil in all of 2012. Therefore, 40 CFR 262.34 (d), (e) and (f) do not apply to this facility. 3. The generator does not hold acutely hazardous waste or extremely hazardous waste in an amount greater than one kilogram for more than 90 days. This facility does not generate acutely hazardous waste or extremely hazardous waste as defined in 40 CFR 261.3. • 22 CCR 66265.31 does not apply to generators accumulating waste in compliance with 22 CCR 66262.34 (d), therefore, no violation occurred. • Regardless of the inapplicability of this requirement, BNSF has placed absorbent pads under the forklifts.