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(8) The material is a petroleum refinery waste containing oil that is converted into petroleum <br />coke at the same facility at which the waste was generated, unless the resulting coke product <br />would be identified as a hazardous waste under this chapter. <br />(C) The material is oily waste, used oil, orspent non -halogenated solvent (...] <br />(D) The material is a fuel (... ] <br />(3) The material is transported between locations operated by the same person who generated the <br />material, if the material is recycled at the last location operated by that person and all of the <br />conditions of clauses (i) to (vi), inclusive, of subparagraph (A) of paragraph (4) are met. (... ] <br />(4) (A) The material is transferred between locations operated by the same person who generated the <br />material, if the material is to be recycled at an authorized offsite hazardous waste facility and if all of <br />the following conditions are met (... ] <br />(5) The material is used or reused as an ingredient in an industrial process to make a product if the <br />material is not being treated before introduction to that process except by one or more of the following <br />procedures, and if any discharges to air from the following procedures do not contain constituents <br />that are hazardous wastes pursuant to the regulations of the department and are in compliance with <br />applicable airpollution control laws: <br />(A) Filtering. <br />(8) Screening. <br />(C) Sorting. <br />(D) Sieving. <br />(E) Grinding. <br />(F) Physical or gravity separation without the addition of external heat or any chemicals. <br />(G) pH adjustment. <br />(H) Viscosity adjustment. <br />(6) The material is used or reused as a safe and effective substitute for commercial products (...] <br />(7) The material is a chlorofluorocarbon or hydrochlorofluorocarbon compound (... ] <br />Per HSC section 25143.2 (e)(4) the accumulated recyclable material would not be excluded from <br />classification as a waste and are hazardous wastes if they are: (4) Materials accumulated <br />speculatively. Furthermore, since no process exists at this time at the subject facility to recycle the <br />stored stripper sludge (HSC section 25143.2 (d)) and the sludge is being accumulated speculatively, <br />it is not excluded from classification as a hazardous waste. <br />Please note, per HSC section 66260. 10, "Accumulated speculatively" means that a material is <br />accumulated before being recycled. A material is not accumulated speculatively, however, if the <br />person accumulating it can show that the material is potentially recyclable and has a feasible means <br />weight or volume of the amount of that material accumulated at the beginning of the period. In <br />calculating the percentage of turnover, the 75 percent requirement is to be applied to each material of <br />the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from <br />which the same material is recovered or that is used in the same way). Materials accumulating in <br />units that would be exempt from regulation under section 66261.4(c) are not to be included in making <br />the calculation. (Materials that are already defined as wastes also are not to be included in making <br />the calculation.) Materials are no longer in this category once they are removed from accumulation for <br />recycling, however. <br />As such, the six 55 -gallon containers of "Stripper Sludge to be Recycled" observed onsite are <br />hazardous wastes, which were being accumulated speculatively as a spent material, and can not be <br />recycled onsite at this time (the technology which will allow such recycling was not present onsite at <br />the time of inspection). Furthermore, these materials have been stored onsite for several years <br />without being recycled. Immediately dispose of these wastes, as appropriate, and provide disposal <br />records to the EHD, or provide proof that the amount of material that is being recycled, or transferred <br />to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that <br />