25141.5
. (a) When classifying a waste as hazardous pursuant to the
criteria in paragraph (8) of subdivision (a) of Section 66261.24 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1993, the department shall incorporate the department's
decision into a regulation, if the department determines that the
waste's classification as a hazardous waste is likely to have broad
application beyond the producer who initiated the request.
(b) Unless the department makes a determination after January 1,
1996, by regulation, that additional criteria are necessary to
protect the public health, safety, and environment of the state, the
department shall use the following criteria and procedures for the
identification and regulation of the following types of hazardous
waste:
(1) In identifying wastes that are hazardous due to the
characteristic of reactivity, the department shall rely on objective
analytical tests, procedures, and numerical thresholds set forth in
the regulations or guidance documents adopted by the United States
Environmental Protection Agency.
(2) (A) On and after January 1, 1997, in identifying wastes that
are hazardous due to the characteristic of acute oral toxicity, as
defined in the regulations adopted by the department pursuant to this
chapter, the department shall use an oral LD50 threshold of less
than 2,500 milligrams per kilogram, unless the department adopts
revised regulations setting forth a different threshold for acute
oral toxicity, based on a review and update of the scientific basis
for this criterion.
(B) Notwithstanding any other provision of this chapter or the
regulations adopted by the department prior to January 1, 1996, to
the extent consistent with the federal act, the substances listed in
this subparagraph shall not be classified as hazardous waste due
solely to the characteristic of acute oral toxicity. The language in
parentheses following the scientific name of each of the substances
listed in this paragraph describes one or more common uses of each
substance, and is provided for informational purposes only.
(i) Acetic acid (vinegar).
(ii) Aluminum chloride (used in deodorants).
(iii) Ammonium bromide (used in textile finishing and as an
anticorrosive agent).
(iv) Ammonium sulfate (used as a food additive and in fertilizer).
(v) Anisole (used in perfumes and food flavoring).
(vi) Boric acid (used in eyewashes and heat resistant glass).
(vii) Calcium fluoride (used to fluoridate drinking water).
(viii) Calcium formate (used in brewing and as a briquette
binder).
(ix) Calcium propionate (used as a food additive).
(x) Cesium chloride (used in brewing and in mineral waters).
(xi) Magnesium chloride (used as a flocculating agent).
(xii) Potassium chloride (used as a salt substitute and a food
additive).
(xiii) Sodium bicarbonate (baking soda, used in antacids and
mouthwashes).
(xiv) Sodium borate decahydrate (borax, used in laundry
detergents).
(xv) Sodium carbonate (soda ash, used in textile processing).
(xvi) Sodium chloride (table salt).
(xvii) Sodium iodide (used as an iodine supplement and in cloud
seeding).
(xviii) Sodium tetraborate (borax, used in laundry detergents).
(xix) The following oils commonly used as food flavorings:
allspice oil, ceylon cinnamon oil, clarified slurry oil, dill oils,
or lauryl leaf oil.
(3) (A) Except as provided in subparagraph (B), a waste that would
be classified as hazardous solely because it exceeds total threshold
limit concentrations, as defined in regulations adopted by the
department, shall be excluded from classification as a hazardous
waste for purposes of disposal in, and is allowed to be disposed in,
a disposal unit regulated as a permitted class I, II, or III disposal
unit, pursuant to Section 2531 of Title 23, and Sections 20250 and
20260 of Title 27 of the California Code of Regulations, if, prior to
disposal, the waste is managed in accordance with the management
standards adopted by the department, by regulation, if any, for this
specific type of waste.
(B) Subparagraph (A) shall not apply to a hazardous waste that is
a liquid, a sludge or sludge-like material, soil, a solid that is
friable, powdered, or finely divided, a nonfilterable and nonmillable
tarry material, or a waste that contains an organic substance that
exceeds the total threshold limit concentration established by the
department for that substance.
(C) For purposes of this subparagraph (B), the following
definitions shall apply:
(i) A waste is liquid if it meets the test specified in
subdivision (i) of Section 66268.32 of Title 22 of the California
Code of Regulations.
(ii) "Sludge or sludge-like material" means any solid, semisolid,
or liquid waste generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment plant, or air
pollution control facility, but does not include the treated effluent
from wastewater treatment plants.
(iii) "Friable, powdered, or finely divided" has the same meaning
as used in the regulations adopted by the department pursuant to this
chapter.
(iv) "Nonfilterable and nonmillable tarry material" has the same
meaning as used in the regulations adopted by the department pursuant
to this chapter.
(D) This paragraph does not affect the authority of a city or
county regarding solid waste management under existing provisions of
law.
(c) Any regulations adopted pursuant to subdivision (b) shall be
considered by the Office of Administrative Law as necessary for the
immediate preservation of the public peace, health and safety, and
general welfare, and may be adopted as emergency regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.