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will continue to be subject to internal and external inspections as related to <br /> hazardous materials storage, including those involving hazardous materials <br /> handling and storage tank inspections. <br /> 4.0 Applicable Statutes and Regulations <br /> The variance application requests a waiver from the following statutory and regulatory <br /> requirements for the following specific hazardous waste management activities: <br /> 4.1 Statutory Requirements <br /> 1. The requirement of H&SC Section 25160 for manifesting used oil as a hazardous <br /> waste. <br /> 2. The requirement of H&SC Section 25205.5 pertaining to Generator status and <br /> payment of fees based on the quantity of used oil generated. <br /> 3. The requirement of H&SC Section 25250.4 that requires management of used oil as <br /> a hazardous waste <br /> 4. The requirement of H&SC Section 25250.29 that requires testing and analysis of <br /> each load of used oil for flashpoint, PCBs, and total halogens. <br /> 4.2 Regulatory Requirements <br /> 1. The requirements of 22 CCR 66262.34(x)(1) accumulation time limit of 90-days and <br /> (a)(2) accumulation date; and (f) tank and container labeling as "hazardous waste". <br /> 2. The requirement of 22 CCR 66279.10(a) that relates to testing of each shipment of <br /> used oil for total halogens (based on the supporting documentation and laboratory <br /> analysis provided in this variance application). <br /> 3. The requirements of 22 CCR 66279.21(a) as related to the standards applicable to <br /> generators of hazardous waste and (b) the requirement to mark or label above- <br /> ground tanks and fill pipes with the words "Used Oil". <br /> 4. The requirements of 22 CCR 66265.174 for weekly inspection of containers. <br /> 5. The requirements of 22 CCR 66265.195 for daily inspections of tanks. <br /> 5.0 Provisions Subject to Waiver <br /> Provided BNSF meets the terms and conditions of the proposed variance, DTSC would waive <br /> the hazardous waste management requirements outlined in Section 4.0. Specifically, these <br /> requirements concern the management, manifesting, transportation, storage, and recycling of <br /> used oil subject to the conditions, limitations and other requirements described in Section 6.0. <br /> 6.0 Specific Conditions, Limitations and Other Requirements <br /> In order for the provisions identified in Section 4.0 to be waived, BNSF management practices <br /> will meet the following conditions: <br /> a) BNSF implementation of the variance shall comply with all applicable state laws and <br /> regulations for water quality control, water quality control plans, waste discharge <br /> requirements (including storm water permits), and others issued by the State Water <br /> Hazardous Waste Variance Application 8 July 29, 2014 <br /> BNSF Railway <br /> TRC Project No. 211983 <br />