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<br />§ 66261.9
<br />5 CALIFORNIA CODE OF REGULATI
<br />or emergency language will be repealed by operation of law on the following
<br />day.
<br />3. Amendment of subsections (d) -(f) and NoTE filed 10-28-91 as an emergency;
<br />operative 10-28-91 (Register 92, No. 13). A Certificate of Compliance must be
<br />transmitted to OAL 2-25-92 or emergency language will be repealed by opera-
<br />tion of law on the following day.
<br />4. New section with amendments to subsection (a), (c)(1) and (c)(2), new subsec-
<br />tion (g), and subsection relettering refiled 3-12-92 as an emergency; operative
<br />3-12-92 (Register 92, No. 22). A Certificate of Compliance mustbe transmitted
<br />to OAL 7-10-92 or emergency language will be repealed by operation of law
<br />on the following day.
<br />5. Certificate of Compliance as to 3-12-92 order including amendment of section
<br />transmitted to OAL 4-18-92 and filed 5-29-92 (Register 92, No. 25).
<br />6. Editorial correction of subsection (m)(2) (Register 95, No. 42).
<br />7. Repealer of subsection (o)(4), new subsections (p) -(q), subsection relettering,
<br />new subsection (s) and amendment of NoTE filed 10-19-2000; operative
<br />11-18-2000 (Register 2000, No. 42).
<br />§ 66261.9. Requirements for Universal Waste.
<br />(a) The wastes listed in this section are conditionally exempt from
<br />classification as hazardous wastes provided that they are managed in
<br />compliance with the standards of chapter 23. Wastes conditionally ex-
<br />empt from classification as hazardous wastes pursuant to this section
<br />shall be known as "universal wastes".
<br />(1) Batteries as described in section 66273.2;
<br />(2) Thermostats as described in section 66273.4; and
<br />(3) Lamps as described in section 66273.5.
<br />(b) Universal wastes shall be managed as hazardous wastes after arriv-
<br />al at a destination facility.
<br />NOTE: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and
<br />Safety Code. Reference: Sections 25141, 25159.5, 25219, 25219.1 and 25219.2.
<br />Health and Safety Code; 40 CFR Section 261.9.
<br />HISTORY
<br />1. New section filed 3-6-2000 as an emergency; operative 3-6-2000 (Register
<br />2000, No. 10), A Certificate of Compliance must be transmitted to OAL by
<br />7-5-2000 or emergency language will be repealed by operation of law on the
<br />following day.
<br />2. New section refiled 6-29-2000 as an emergency; operative 7-6-2000 (Register
<br />2000, No. 26). A Certificate of Compliance must be transmitted to OAL by
<br />I 1-3-2000 or emergency language will be repealed by operation of law on the
<br />following day.
<br />Article 2. Criteria for Identifying the
<br />Characteristics of Hazardous Waste
<br />§66261.10. Criteria for Identifying the Characteristics of
<br />Hazardous Waste.
<br />(a) The Department shall identify and define a characteristic of hazard-
<br />ous waste in article 3 of this chapter only upon determining that:
<br />(1) a waste that exhibits the characteristic may:
<br />(A) cause, or significantly contribute to, an increase in mortality or an
<br />increase in serious irreversible, or incapacitating reversible, illness; or
<br />(B) pose a substantial present or potential hazard to human health or
<br />the environment when it is improperly treated, stored, transported, dis-
<br />posed of or otherwise managed; and
<br />(2) the characteristic can be:
<br />(A) measured by an available standardized test method which is rea-
<br />sonably within the capability of generators of waste or private sector lab-
<br />oratories that are certified by the Department pursuant to Chapter 44 of
<br />this division and available to serve generators of waste; or
<br />(B) reasonably detected by generators of waste through their knowl-
<br />edge of their waste.
<br />NOTE: Authority cited: Sections 208, 25141 and 25159, Health and Safety Code.
<br />Reference: Sections 25117, 25141, 25159 and 25159.5, Health and Safety Code
<br />and 40 CFR Section 261.10.
<br />HISTORY
<br />1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
<br />Title 22
<br />Article 3. Characteristics of Hazardous
<br />Waste
<br />§ 66261.20. General.
<br />(a) A waste, as defined in section 66261.2, which is not excluded from
<br />regulation as a hazardous waste pursuant to section 66261.4(b), is a haz-
<br />ardous waste if it exhibits any of the characteristics identified in this ar-
<br />ticle.
<br />(b) A waste which is identified as a hazardous waste pursuant to one
<br />or more of the characteristics set forth in section 66261.21,
<br />66261.22(a)(1), 66261.22(x)(2), 66261.23 or 66261.24(a)(1) is assigned
<br />the EPA Hazardous Waste Number set forth in this article for each char-
<br />acteristic that is applicable to that waste. These numbers shall be used in
<br />complying with the notification requirements of Health and Safety Code
<br />section 25153.6 and, where applicable, in the recordkeeping and report-
<br />ing requirements under chapters 12 through 15,18 and 20 of this division.
<br />(c) Sampling and sample management of wastes and other materials
<br />for analysis and testing pursuant to this article shall be in accord with the
<br />sampling planning, methodology and equipment, and the sample pro-
<br />cessing, documentation and custody procedures specified in chapter nine
<br />of "Test Methods for Evaluating Solid Waste, Physical/Chemical Meth-
<br />ods," SW -846, 3rd edition, U.S. Environmental Protection Agency,
<br />1986 (incorporated by reference, see section 66260.11 of this chapter).
<br />In addition to the sampling methods in chapter nine of SW -846, the De-
<br />partment will consider samples obtained using any of the other applica-
<br />ble sampling methods specified in Appendix I of this chapter to be repre-
<br />sentative samples.
<br />NOTE: Authority cited: Sections 208, 25141 and 25159, Health and Safety Code.
<br />Reference: Sections 25141, 25159 and 25159.5, Health and Safety Code and 40
<br />CFR Section 261.20.
<br />HISTORY
<br />New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
<br />fCharacteristic
<br />of Ignitability.
<br />exhibits the characteristic of ignitability if representative
<br />samples of the waste have any of the following properties:
<br />(1) it is a liquid, other than an aqueous solution containing less than 24
<br />percent alcohol by volume, and has a flash point less than 600C (1400F),
<br />as determined by a Pensky-Martens Closed Cup Tester, using the test
<br />method specified in ASTM Standard D-93-79 or D-93-80 (incorpo-
<br />rated by reference, see section 66260.11), or a Setaflash Closed Cup Tes-
<br />ter, using the test method specified in ASTM Standard D-3278-78 (in-
<br />corporated by reference, see section 66260.11), or as determined by an
<br />equivalent test method approved by the Department pursuant to section
<br />66260.21;
<br />W& it is not a liquid and is capable, under standard temperature and
<br />pressure, of causing fire through friction, absorption of moisture or spon-
<br />taneous chemical changes and, when ignited, bums so vigorously and
<br />persistently that it creates a hazard;
<br />(3) it is an ignitable compressed gas as defined in 49 CFR section
<br />173.300 (as amended September 30, 1982) and as determined by the test
<br />methods described in that regulation or equivalent test methods approved
<br />by the Department pursuant to section 66260.21;
<br />(4) it is an oxidizer as defined in 49 CFR section 173.151 (as amended
<br />May 31, 1979).
<br />(b) A waste that exhibits the characteristic of ignitability has the EPA
<br />Hazardous Waste Number of D001.
<br />NOTE: Authority cited: Sections 208, 25141 and 25159, Health and Safety Code.
<br />Reference: Sections 25117, 25120.2, 25141, 25 f 59 and 25159.5, Health and Safe-
<br />ty Code and 40 CFR Section 261.21.
<br />HISTORY
<br />1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
<br />§ 66261.22. Characteristic of Corrosivity.
<br />(a) A waste exhibits the characteristic of corrosivity if representative
<br />samples of the waste have any of the following properties:
<br />(1) it is aqueous and has a pH less than or equal to 2 or greater than or
<br />equal to 12.5, as determined by a pH meter using either the EPA test
<br />Page 666 Register 7000, No. 42; 10-20-2000
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