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show that the facility has the necessary equipment to recycle the <br /> material. <br /> (Amended by Stats. 1989, Ch. 1436. ) <br /> 25143.3. The Environmental Protection Agency regulations regarding <br /> spent sulfuric acid as set forth in Section 261.4 (a) (7) of Title 40 of <br /> the Code of Federal Regulations (50 Fed. Reg 665) are the regulations of <br /> the department and shall remain in effect until the department adopts <br /> regulations regarding this subject. It is the intent of the Legislature <br /> that the regulations adopted by the department be at least equivalent to, <br /> and in substantial conformance with that Section 261.4 (a) (7) . Further, <br /> it is the intent of the Legislature that the department may define in the <br /> regulations the term "spent sulfuric acid" as it deems necessary to avoid <br /> sham recycling, as described on page 638 of Volume 50 of the Federal <br /> Register by the Environmental Protection Agency. <br /> (Added by Stats. 1985, Ch. 1594. ) <br /> 25143.5. (a) Except as provided in subdivision (d) and (e) , the <br /> department shall classify as nonhazardous waste any fly ash, bottom ash, <br /> and flue gas emission control residues, generated from the combustion of <br /> solid waste or biomass material, if these wastes do not contain <br /> significant quantities of industrial sludge or hazardous waste, and if the <br /> combustion of the solid waste or biomass material will be adequately <br /> monitored and controlled so as to prevent the handling or the disposal of <br /> any waste in a manner prohibited by law, unless the department determines <br /> that the ash or residue is hazardous, by testing a representative sample <br /> of the ash or residue pursuant to criteria adopted by the department. If <br /> the department determines that the ash or residue is nonhazardous, the <br /> department shall not repeal or modify that determination unless the <br /> department subsequently determines that, since the original testing, there <br /> has been a significant change in the fly ash, bottom ash, or flue gas <br /> emissions control residues, based upon data obtained from a representative <br /> sample of the ash or residue. <br /> (b) The fly ash, bottom ash, and flue gas emission control residues <br /> which are classified as nonhazardous by the department are exempt from <br /> this chapter. <br /> (c) An operator of a solid waste facility which converts solid waste <br /> into energy shall notify the department whenever there has been a <br /> significant change in the waste entering the combustion process, the <br /> combustion process itself, or in the management of the ash or residues <br /> generated by the facility. <br /> (d) The classifications of fly ash, bottom ash, and flue gas <br /> emission control residues as nonhazardous, made by the department before <br /> January 1, 1985, for the ash or residue generated by an individual solid <br /> waste facility which will convert solid waste into energy shall not be <br /> modified or repealed by the department unless the department determines <br /> all of the following: <br /> (1) New data reveals that there has been a significant change in the <br /> solid waste entering the combustion process, in the combustion process <br /> itself, or in the management of the ash or residue. <br /> (2) The change specified in paragraph (1) causes the facility to <br /> produce waste which is hazardous waste, as defined in Section 25117, as <br /> -33- <br />