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Title 22 Environmental Health Standards -Hazardous aste § 66261.21 contents and propellant to the maximum extent practical under normal use (i.e.. the spray mechanism was not defective and thus allowed dis- charge of the contents and propellant). (2) Unless otherwise exempt under other provisions of law. aerosol containers which held a material listed as an acute hazardous waste in Sections 261.31. 261.32. or a material identified as an acute hazardous waste in Section 261.33(e). Title 40 of the Code of Federal Regulations, or a waste which is extremely hazardous pursuant to any of the criteria of Sections 66261.110.66261.113, and Title 22. California Code of Reg- ulations. Division 4.5, Chapter 11. Appendix X are not exempt under this section and shall be managed as hazardous waste in accordance with tris division and Chapter 6.5 of Division 20 of the Health and Safety Code (commencing with Section 25100). (3) For purposes of this section. "aerosol container" means a pressur- ized, sealed container which contains a product a= ' liquified or com- pressed gases, and which can dispense that product Y the activation of a pressure -sensitive valve. (n) Containers made of wool. paper, cardboard, fabric, or any other similarly absorptive material are not exempt from regulation under this division or Chapter 6.5 of Division 20 of the Health and Safety Cole if the container was in direct contact with and has absorbed the hazardous waste or a hazardous material. (o) The following items are not containers for purposes of this section and should continue to be managed as specified below: (1) Used oil filters managed pursuant to Section 66266.130 of this divi- sion. (2) PCB or PCB contaminated electrical equipment, including but not limited to, transformers and capacitors managed pursuant to 40 CFR Sec- tion 761.60, or Section 66268.29(b) of this division, so that the Soluble Threshold Limit Concentration (S11.C) and the Total Threshold Limit Concentration (TTLC) values set forth in Section 66261.24(x)(2) of this division are not exceeded. (3) Chemotherapy drug intravenous (IV) bags or tubing used for the deliveryof chemotherapy agents managed pursuant to Chapter 6.1 of Di- vision 20 of the Health and Safety Code. (4) Vehicles and vehicle related containers (e.g.. roll -off bins. baker tanks, etc.) of the type certified for transportation of hazardous waste. pursuant to Health and Safety Code Section 25169.1. (p) Any container, or inner linerremoved from a container. which pre- viously held a hazardous material. including but not limited to hazardous waste, and which is not empty as defined in subsections (b) or (d) of this section. or otherwise exempt from regulation as a hazardous waste under this division or Chapter 6.5 of Division 20of the Health and Safety Cole (commencing with Section 25100), shall be managed as a hazardous waste in accordance with this division and Chapter 6.5 of Division 20 of the Health and Safety Code (commencing with Section 25100). NOTE: Authority cited: Sections 208. 25141. 25143.2. 25150 and 58012. Health and Safety Code. References: Sections 208. 25141. 25143.2. 25150.25159.5 and 58012. Health and Safety Code. HISTORY I. Renumbering and amendment of former section 66730 to section 66261.7(a) -(g) and new subsection (h) filed 5-24-91; operative 7-1-91 (Reg- ister 91, No. 22). A Certificate of Compliance must he transmitted to OAL by 6-28-91 or emergency language, subsections (a) -(g) will be repealed by oper- ation of law on the following day. 2. New section refiled 6-28-91 as an emergency; operative 6-28-91 (Register 91. No. 41). A Certificate of Compliance must be transmitted to OAL by 10-28-91 or emergency language will be repealed by operation of law on the following day. 3. Amendment ofsubsections (d) -(f) and NOTE filed 10-28-91 as an emergency; operative 10-28-91 (Register 92. No. 13). A Certificate of Compliance must be transmitted to OAL 2-25-92 or emergency language will be repealed by op- eration of law on the following day. 4. New section with amendments to subsection (a). (c)(1) and (c)(2). new subsec- tion (g), and subsection relettering refiled 3-12-92 as an emergency; operative 3-12-92 (Register 92. No. 22). A Certificate of Compliance must be trans- mitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day. 5. Certificate of Compliance as to 3-12-92 order including amendment of section transmitted to OAL 4-18-92 and filed 5-29-92 (Register 92. No. 25). 6. Editorial correction of subsection (m)(2) (Register 95. No. 42). Article 2. Criteria for identifying the Characteristics of Hazardous Waste :1 66261.10. Criteria for Identifying the Characteristics of Hazardous Waste. (a) The Department shall identify and define a characteristic of hazard- ous waste in article 3 of this chapter (nly upon determining that: (1) a waste (hat exhibits the characteristic may: (A) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness: or (13) pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported. dis- posed of or otherwise managed: and (2) the characteristic can he: (A) measured by an available standardized test method which is rea- sonably within die capability of generators of waste or private sector lab- oratories that are certified by the Department pursuant to Chapter 44 of this division and available to serve generators of waste: or (13) reasonably detected by generators of waste through their knowl- edge of their waste. Noii:: Authority cited: Sections 208.25141 and 25159. Health and Safety Code. Reference: Sections 25117. 25141. 25159 and 25159.5. Health and Safety Code and 40 CFR Section 261.10. HISTORY New section filed 5-24-91: effective 7-1-91 (Register 91. No. 22). Article 3. Characteristics of Hazardous Waste 66261.20. General. (a) A waste. as defined in section 66261.2, which is not excluded from regulation as a hazardous waste pursuant to section 66261.4(h), is a haz- ardous waste if it exhibits any of the characteristics identified in this ar- ticle. (b) A waste which is identified as a hazardous waste pursuant to one or more of the characteristics set forth in section 66261.21. 66261.22(a)(1). 66261.22(a)(2). 66261.23 or 66261.24(a)(1) is assigned die EPA Hazardous Waste Number set forth in this article for each char- acteristic that is applicable to that waste. These numbers shall be used in complying with the notification requirements of Health and Safety Code section 25153.6 and, where applicable. in the recordkeeping and report- ing requirenhentsunder chapters 12through 15. 19 and 20ofthis division. (c) Sampling and sample management of wastes and other materials for analysis and testing pursuant to this article shall be in accord with tie sampling planning. methodology and equipment, and the sample pro- cessing, documentation and custody procedures specified in chapternine of "Test Methods for Evaluating Solid Waste. Physical/Chemical Meth- ods." SW -846. 3rd edition. U.S. Environmental Protection Agency. 1986 (incorporated by reference, see section 66260.11 of this chapter). In addition to the sampling methods in chapter nine of SW -846. the De- partment will considersamples obtained using any of the otherapplicable sampling methods specified in Appendix I of this chapter lobe represen- tative samples. NOTE: Authority cited: Sections 208, 25141 and 25159. Health and Safety Code. Reference: Sections 25141. 25159 and 25159.5. Health and Safety Code and 40 CFR Section 261.20. HISTORY 1. New section filed 5-24-91: effective 7-1-91 (Register 91. No. 22). § 66261.21. Characteristic of Ignitability. (a) A waste exhibits the characteristic of irritability if representative samples of the waste have any of the following properties: (]) it is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60°C (140°F). Page 662.1 Re&ta 96, Nn. 27; 7- 5.96