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§22-66261.7 BMWYS CALIFORNIA CODE OF REGULA1#S <br /> Title 26 <br /> (A)Spent catalyst generated from the Fluid Catalytic cracking(FCC) (b)A container,or an inner liner removed from a container,which pre- <br /> unit in a petroleum refinery when it is recycled at pordand cement kilns viously held a hazardous material,including hazardous waste,is empty <br /> as the substitute of alumina and silica in the kiln feed The concentration if the container or the inner liner removed from a container has been emp- ^ <br /> of the extractable heavy metals in the FCC catalyst shall not exceed the tied so that <br /> values given in TableI-CCC'WE,Section 66268.106(a)except fornickel (1)If the hazardous material which the container or inner liner held is <br /> and vanadium.The total concentration of nickel and vanadium in the pourable,no hazardous material can be poured or drained from the con- <br /> FCC catalyst shall not exceed 3,000 mg/kg,combined tainer or inner liner when the container or inner liner is held in any orien- <br /> (6)Hazardous wastes that meet all the following criteria are not subject talion(e.g.,tilted,inverted,etc.);and <br /> to regulation under this division but,instead,are subject to regulation as (2)If the hazardous material which the container or inner liner held is <br /> specified in 40 CFR section 261.6(a)(2) (incorporated by reference in not pourable,no hazardous material remains in or on the container or in- <br /> section 66260.11): ner liner that can feasibly be removed by physical methods(excluding <br /> (A) the hazardous waste exhibits the characteristic of a hazardous rinsing) which comply with applicable air pollution control laws and <br /> waste specified in article 3 of this chapter(commencing with section which are commonly employed to remove materials from that container <br /> 6626120); or inner liner.Following material removal,the top,bottom and sidewalls <br /> (B)the hazardous waste does not exhibit any other characteristic of a of such a container shall notcontain remaining adhered or crusted materi- <br /> hazardous waste specified in article 3 of this chapter(commencing with al resulting from buildup of successive layers of material or a mass of so- <br /> section 66261.20); lidified material.A thin uniform layer or dried material or powder is con- <br /> (C)the hazardous waste is not listed in article 4 of this chapter(com- sidered acceptable.A person who treats a container or inner liner onsite <br /> mencing with section 66261.30);and by employing physical methods to satisfy the standard in this subsection <br /> (D)the hazardous waste qualifies for regulation pursuant to 40 CFR is authorized to perform such treatment for purposes of Health and Safety <br /> section 261.6(a)(2)(incorporated by reference in section 66260.11). Code Section 25201. <br /> NoTa Authority cited:Sections 25143.2(e),25150,25159,25170,25179.6 and (c)A person who treats a container or an inner liner removed from a <br /> 25250.22,Health and Safety Code;and Section 58012 of the Governor's Re-or- container of five gallons or less in capacity which has been emptied pur- <br /> ganization Plan#1 of 1991.Reference:Sections 25143.25143.2,25150,25159, <br /> 25159.5,25163,25170,25179.6.252505 and 2525G.^ Health and SaferyCode; mantto subset[ion(b)of this section is authorized,for purposes ofHealth <br /> 40 CFR Sections 261.6 and 266.23. and Safety Code Section 25201,to perform such activities if any ansate <br /> HISTORY or other residue generated by these activities is completely capnued and <br /> 1.New section with renumbering and amendment of fon=section 66826 to sub- classified in accordance with the provisions of this division and any <br /> section(a)(5),filed 5-24-91;effective 7-1-91(Regiseterr91,No.22).A 6-9Certifi- <br /> cate applicable waste discharge requirements. <br /> tate of Compliance for 5- 1 order must be transmitted to OAL by 9-3-91 <br /> or emergency language will be repealed by operation of law on the following (d)A container or an inner linerremoved from a container thathas held <br /> day a material listed as an acute hazardous waste in Sections 261.31,26132, <br /> 2.Emergency order of 591 adopting subsection(ax5)refiled,including fur- or 261.33(e)Title 40 of the Federal Code of Regulations or a waste which <br /> ther amendments,9-3-91 as an emergency;operative 9-3-91 (Register 92, is extremely hazardous pursuant to any of the criteria of Sections <br /> No. 17).A Certificate of Compliance must be transmitted to OAL 1-2-92 or <br /> emergency language will be repealed by operation oflaw on the following day. 66261.110,66261.113,and Title 22,California Code of Regulations,Di- <br /> 3.New subsection(a)(5)refiled 4-20-92 as an emergency;operative 4-20-92 vision 4.5,Chapter 11,Appendix X is empty if: <br /> (Register 92,No.21).A Certificate of Compliance must be transmitted to OAL (1)The container or inner liner has been triple rinsed using a solvent <br /> 8-18-92oremergencylanguage willberepealed byoperationoflawonthe fol- capable of removing the waste and all pourable residues have been re- <br /> lowing day. moved from the container or inner finer in accordance with subsection <br /> 4.Certificate of Compliance as to 4-20-92 order inchmdiig amendment of Non: <br /> transmitted to OAL 8-11-92 and filed 9-23-92(Register 92,No.39). (b)(1)of this section.Triple rinsing activities shallrequire specific autho- <br /> rization from the Department unless subject to the provisions of Health <br /> 22-66261.7. Contaminated containers. and Safety Code Section 25143.2(c)(2);or <br /> (a)Except as provided in Section 66262.70 and subsections(g),(h), (2)The container or inner liner is cleaned by another method thathas <br /> (i),(k),(1),(m),(n),and(o)of this section,any container(as defined in been shown in the scientific literature,or by tests conducted by the gener- <br /> Section 66260.10 of this division),or inner linertemoved from a contain- ator,to achieve equivalent removal.Alternative methods to rinsing re- <br /> er,which previously held ahazardous material,including butnot limited quire prior approval by the Department. <br /> to hazardous waste,and which is empty as defied in subsection(b)or (e)In order to retain the exemption under this section,an empty con- <br /> (d)of this section shallbe exempt from regulation under this division and taineroraninner linerremovedfromacontainermustbemanaged byone <br /> Chapter6.5 of Division 20of the Health andSafetyCode ifitwillbeman- of the following methods: <br /> aged in accordance with subsection(e)of this section.Existing permits (1)Except as otherwise provided in Section 42170 of the Public Re- <br /> which contain specific conditions governing container cleaning opera- sources Code,for containers of five gallons or less in capacity,or ismer <br /> tions which conflict with the provisions of these regulations may be liners removed from containers of five gallons or less in capacity,by dis- <br /> amended to be consistent with this regulation by following the Class 2 posing of the container or inner liner atan appropriate solid waste facility, <br /> permit modification procedures set forth in Section 66270.42(b). provided that the container or inner liner is packaged and transported in <br /> Page 780.2 Regimt 94,Na 2_1-1494 <br />