Section 66268.40 - Applicability of Treatment StandardsNOTE: The treatment standards that heretofore appeared in tables in sections 66268.41, 66268.42, and 66268.43 of this chapter have been consolidated into the table "Treatment Standards for Hazardous Wastes" in this section.
(a) A prohibited waste identified in the table "Treatment Standards for Hazardous Wastes" may be land disposed only if it meets the requirements found in the table. For each waste, the table identifies one of three types of treatment standard requirements: (1) All hazardous constituents in the waste or in the treatment residue shall be at or below the values found in the table for that waste ("total waste standards"); or,(2) The hazardous constituents in the extract of the waste or in the extract of the treatment residue shall be at or below the values found in the table ("waste extract standards"); or,(3) The waste shall be treated using the technology specified in the table ("technology standard"), which are described in detail in section 66268.42 Table 1 - Technology Codes and Description of Technology-Based Standards.(b) For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect. For all nonwastewaters, compliance with concentration level standards is based on grab sampling. For wastes covered by the waste extract standards, the test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods." EPA Publication SW-846, as incorporated by reference in section 66260.11(a)(19), shall be used to measure compliance. An exception is made for D004 and D008, for which either of two test methods may be used: Method 1311, or Method 1310, the Extraction Procedure Toxicity Test. For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the Department under the procedures set forth in section 66268.42(b).(c) When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue shall meet the lowest treatment standard for the constituent of concern.(d) Notwithstanding the prohibitions specified in subsection (a) of this section, treatment and disposal facilities may demonstrate (and certify pursuant to section 66268.7(b)(5)) compliance with the treatment standards for organic constituents specified by a footnote in the table "Treatment Standards for Hazardous Wastes" in this section, provided the following conditions are satisfied: (1) The treatment standards for the organic constituents were established based on incineration in units operated in accordance with the technical requirements of article 15 of chapter 14 or based on combustion in fuel substitution units operating in accordance with applicable technical requirements;(2) The treatment or disposal facility has used the methods referenced in subsection (d)(1) of this section to treat the organic constituents; and(3) The treatment or disposal facility may demonstrate compliance with organic constituents if good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in this section by an order of magnitude.(e) For characteristic wastes (D001-D043) that are subject to treatment standards in the following table "Treatment Standards for Hazardous Wastes," and are not managed in a wastewater treatment system that is regulated under the federal Clean Water Act (CWA), that is federal CWA-equivalent, or that is injected into a Class I nonhazardous deep injection well, all underlying hazardous constituents (as defined in section 66260.10) shall meet Universal Treatment Standards, found in section 66268.48, Table Universal Treatment Standards, prior to land disposal as defined in section 66260.10 of this division.(f) The treatment standards for F001--F005 nonwastewater constituents carbon disulfide, cyclohexanone, and/or methanol apply to wastes which contain only one, two, or three of these constituents. Compliance is measured for these constituents in the waste extract from test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Method for Evaluating Solid Waste, Physical/Chemical Methods." EPA Publication SW-846, as incorporated by reference in section 66260.11(a)(19). If the waste contains any of these three constituents along with any of the other 25 constituents found in F001--F005, then compliance with treatment standards for carbon disulfide, cyclohexanone, and/or methanol are not required.(g) Between August 26, 1996 and March 4, 1999 the treatment standards for the wastes specified in section 66261.32 as EPA Hazardous Waste numbers K156-K159, and K161; and in section 66261.33 as EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411; and soil contaminated with these wastes; may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Wastes" in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST in section 66268.42 Table 1, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at section 66268.42 Table 1, for wastewaters.(h) Prohibited D004-D011 mixed radioactive wastes and mixed radioactive listed wastes containing metal constituents, that were previously treated by stabilization to the treatment standards in effect at that time and then put into storage, do not have to be re-treated to meet treatment standards in this section prior to land disposal.(i) Zinc micronutrient fertilizers that are produced for the general public's use and that are produced from or contain recycled characteristic hazardous wastes (D004-D011) are subject to the applicable treatment standards in section 268.41 contained in the 40 CFR, parts 260 to 299, edition revised as of July 1, 1990.(j) Effective September 4, 1998, the treatment standards for the wastes specified in section 66261.33 as EPA Hazardous Waste numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Wastes" in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at section 66268.42 Table 1 of this chapter, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at section 66268.42 Table 1 of this chapter, for wastewaters.Cal. Code Regs. Tit. 22, § 66268.40
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Repealer and new text, amendment of NOTE, and new Table filed 10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new text, amendment of NOTE, and new Table refiled 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-95 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new text, amendment of NOTE, and new Table refiled 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following day.
5. Repealer and new text, amendment of NOTE, and new Table refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-94 order including amendment of subsections (a)(1)-(c), (e) and (f) and table transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
7. Change without regulatory effect amending subsections (d) and (e) filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).
8. Amendment of listing P015 in Table filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
9. Change without regulatory effect amending subsection (a), repealing and adopting new subsection (e), adding new subsections (g)-(h), and repealing and adopting new table filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).
10. Change without regulatory effect amending subsection (g), adding subsections (i)-(j) and amending Table "Treatment Standards for Hazardous Wastes" filed 9-11-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 37).
11. Change without regulatory effect amending subsection (j) and amending Table, "Treatment Standards for Hazardous Wastes" filed 7-3-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 27).
12. Change without regulatory effect amending Table, "Treatment Standards for Hazardous Wastes" to remove listing U202 (Saccharin and salts) filed 2-8-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 6).
13. Change without regulatory effect amending Table, "Treatment Standards for Hazardous Wastes," listings K156, et seq., P127, et seq. and U271, et seq. filed 7-12-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 28). Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.40.
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Repealer and new text, amendment of Note, and new Table filed 10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new text, amendment of Note, and new Table refiled 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-95 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new text, amendment of Note, and new Table refiled 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following day.
5. Repealer and new text, amendment of Note, and new Table refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-94 order including amendment of subsections (a)(1)-(c), (e) and (f) and table transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
7. Change without regulatory effect amending subsections (d) and (e) filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).
8. Amendment of listing P015 in Table filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
9. Change without regulatory effect amending subsection (a), repealing and adopting new subsection (e), adding new subsections (g)-(h), and repealing and adopting new table filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).
10. Change without regulatory effect amending subsection (g), adding subsections (i)-(j) and amending Table "Treatment Standards for Hazardous Wastes" filed 9-11-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 37).
11. Change without regulatory effect amending subsection (j) and amending Table, "Treatment Standards for Hazardous Wastes" filed 7-3-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 27).
12. Change without regulatory effect amending Table, "Treatment Standards for Hazardous Wastes" to remove listing U202 (Saccharin and salts) filed 2-8-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 6).
13. Change without regulatory effect amending Table, "Treatment Standards for Hazardous Wastes," listings K156, et seq., P127, et seq. and U271, et seq. filed 7-12-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 28).