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Title 26 Department of Health Services • §22-66261.6
<br /> al,State,or local officials to ensure that the release no longer presents a 7.Editorial correction of HtsroRY 2.(Register 92,No.42).
<br /> hazard to human health or the environment 8.Repealer and new subsection(e)refiled 10-22-92 as an emergency;operative
<br /> (D)treatment of conditionally exempt controlled substances shall be 10-1992(Register 92,No.43).A Certificate of Compliance must be trans-
<br /> limited to: nutted to OAL 2-22-93 or emergency language will be repealed by operation
<br /> of law on the following day.
<br /> 1.incineration in accordance with paragraphs(3)(E) of this subset- 9.Editorial correction of printing error in subsection(d)(1)(Register 92,No.49).
<br /> tion'and 10.Repealer and new subsection(e)refiled 2-16-93 as an emergency:operative
<br /> 2.the addition of absorbent material to a conditionally exempt con- 2-16-93(Register93,No.8).A Certificate ofCompliance must be transmitted
<br /> trolled substance in a container or the addition of a conditionally exempt to OAL 6-16-93 or emergency language will be repealed by operation of law
<br /> controlled substance to absorbent material in a container,in conjunction on the following day.
<br /> with incineration pursuant to aro 11.Repealer and new subsection. Sled 614-9 3 as an emergency;operative
<br /> pu paragraphs(3XE)of this subsection; 6.-.15_93(Register 93,No.25).A Certificate of Compliance must be trans-
<br /> (E) incineration of conditionally exempt controlled substances pur- mitted to OAL by 10-13-93 or emergency language will be repealed by opera-
<br /> suant to this subsection shallbe subjectto the following requirements and tion of law on the following day.
<br /> limitations: 12.Repealer and new subsection(e)refiled 10-13-93 as an emergency,operative
<br /> 1.conditionally exempt controlled substances shall be incinerated un- 10-13-93(Register 93,No.42).A Certificate of Compliance must be trans-
<br /> mitted to OAL by 2-10-94 or emergency language willbe repealed by opera-
<br /> der the following operating conditions: tion of law on the following day.
<br /> a.incineration shall be in an airtight combustion device operatedunder 13.Certificate of Compliance as to 10-13-93 order with amendments transmitted
<br /> negative air pressure through the combustion zone; to OAL 12-3-93 and filed 1-14-94(Register 94,No.2).
<br /> b.a feed airlock or an equivalent mechanism shall be used to prevent f 22-66261.6. Requirements for Recyclable Materials.
<br /> fugitive emissions; (a)(1)Recyclable materials are subject to the applicable requirements
<br /> c.the temperature in the combustion zone shall be maintained at or for generators,transporters and facilities of articles 1 and 2 of chapter 16
<br /> above 1600 degrees Fahrenheit for a minkumresidence time of one sec- of this division,except as specified otherwise fon the materials listed in
<br /> ond-, subsections(AX2),(a)(3),(aX4),(a)(5),and(aX6)of this section.
<br /> d. when only controlled substances are being incinerated, the con- (2)The following recyclable materials are also regulatedunder the ar-
<br /> trolled substance feed rate shall be between 25 percent and 75 percent of titles(of chapter 16 of this division)specified below,and all applicable
<br /> the incinerator's thermal design capacity, provisions in chapters 20 and 21 of this division:
<br /> e.when controlled substances are being incinerated with other materi- (A)(RESERVED];
<br /> als,the total feed rate shall be greater than 40 percent,and no more than (B)recyclable materials that are subject to the requirements for the
<br /> 100 percent,of the incinerator's thermal design capacity,and management of used oil as specified in article 13(commencing with sec-
<br /> t.if the incineration facility is not equipped with emissions control de- tion 25250),chapter 65,division 20 of the Health and Safety Code(in-
<br /> vices(e.g.,scrubbers),the controlled substances feedrate shallbe limited chiding fuels and certain products derived from such materials)are also
<br /> to 40 pounds per hour,and regulated under the applicable provisions of articles 4 and 6 of chapter
<br /> 2.the incineration facility shall comply with all applicable Federal, 16 of this division;
<br /> State and local regulatory agency requirements; (C)all other fuels derived from recyclable materials are regulated un-
<br /> (F)all law enforcement agency and incinerator facility personnel who der article 4 of chapter 16 of this division;
<br /> handle conditionally exempt controlled substances shallcompletehealth (D)spent lead-acid storage batteries thatare beingreclaimed are regu-
<br /> and safety trainingequivalentto the trainingrequiredunder Title 8,CCR, lated under article 7 of chapter 16 of this division;
<br /> section 5194,within six months after the effective date of these regula- (E)recyclablematerials thatare beingused in agriculture areregulated
<br /> tions. No personnel shall be newly assigned to handle conditionally ex- under article 8 of chapter 16 of this division;
<br /> empt controlled substances after the effective date of these regulations (F)waste elemental mercury that is being recycled is regulated under
<br /> until they have completed the required health and safety training. article 9 of chapter 16 of this division.
<br /> (4)Except as provided in paragraph(3)of this subsection,conditional- (3)The following are not subject to regulation under this division,and
<br /> ly exempt controlled substances shall be stored,transported,treated and are not subjectto the notification requirements of Health and Safety Code
<br /> disposed of as hazardous waste in accordance with the requirements of section 25153.6:
<br /> this division and Health and Safety Code,division 20,chapter 6.5. (A)materials that can be shown to be recycled by methods identified
<br /> (5)Any controlled substance,as defnedin section 11007 of the Health in subdivisions(b),(c)on(d)of Health and Safety Code section 25143.2-
<br /> and Safety Code, which is not a hazardous waste,pursuant to section and '
<br /> 66262.11,is not subject to the requirements of this division. (B)scrap metal as defined in section 66260.10;
<br /> NomE Authority cited: Sections 25141,25150 and 25159,Health and Safety (C)hazardous wastes that exhibit the characteristic of toxicity speci-
<br /> Code;Section 58012,Governor's Reorganization Plan Number 1 of 1991.Refer-
<br /> ence:Sections 25117,25124,25141,25143,25159 and 25159.5,Health and Safe- fled in section 66261.24(a)(1)and do not exhibit any other characteristic
<br /> ty Code;40 CFR Section 261.4. of a hazardous waste specified in article 3 of this chapter(commencing
<br /> His ity with section 66261.20),are not listed in article 4 of this chapter(com-
<br /> 1.New section with renumbering and amendment of former section 66300(8)to mencing with section 66261.30),and that qualify as one of the materials
<br /> section 66261.4(b)(2)filed 5-24-91:operative 7-1-91(Register 91,No.22). specified in 40 CFR section 261.6(a)(3)(incorporated by reference in
<br /> 2.Repealer of subsection(b)(2)and renumbering of following subsections and section 66260.11).
<br /> amendments Sled 6-28-91 as an emergency;operative 6-28-91(Register 91, (4)The following are prohibited as specified
<br /> No.41).A Certificate of Compliance must be transmitted to OAL 10-28-91
<br /> or emergency language will be repealed by operation of law on the following (A)the use of material(e.g.,waste,used oil or other material)which
<br /> day is contaminated with dioxin or any other hazardous waste(other than a
<br /> 3.New subsection(e)filed 4-23-92 as an emergency;operative 4-23-92(Regis- waste identified solely on the basis of ignitability),for dust suppression
<br /> ter 92,No. 18). A Certificate of Compliance must be transmitted to OAL road treatment is ohibited;
<br /> 8-21-92 or emergency language will be repealed by operation oflaw on the folor-
<br /> lowing day. (B)the use of used oil as a road oil,dust suppressant or weed control
<br /> 4.Repealer and new subsection(e) filed 6-'»-92 as an emergency,operative agent is prohibited,except as provided otherwise in Health and Safety
<br /> 6-2-92(Register 92,No.26). A Certificate of Compliance must be trans- Code section 252505.
<br /> mitted to OAL by 10-20-92 or emergency language willbe repealed by opera- 5 the following hazardous waste,when recycled,is exempt from the
<br /> tion of law on the following day. ( ) $ y p
<br /> 5.Repealer of subsection(b)(2) filed 8-25 operative 8-25-92 pursuant to restrictions concerning the materials used in a manner constituting dis-
<br /> Govermment Code section 11346.2(d)(Register 92,No.35). posal or used to produce products that are applied to the land,as provided
<br /> 6.Editorial correction of HhsroRY 2.(Register 92,No.35). in Section 25143.2(e)of the Health and Safety Code.
<br /> Page 780.1 Rc&=94,Na Z 1-14-94
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