25143.2
. (a) Recyclable materials are subject to this chapter and
the regulations adopted by the department to implement this chapter
that apply to hazardous wastes, unless the department issues a
variance pursuant to Section 25143, or except as provided otherwise
in subdivision (b), (c), or (d) or in the regulations adopted by the
department pursuant to Sections 25150 and 25151.
(b) Except as otherwise provided in subdivisions (e), (f), and
(g), recyclable material that is managed in accordance with Section
25143.9 and is or will be recycled by any of the following methods
shall be excluded from classification as a waste:
(1) Used or reused as an ingredient in an industrial process to
make a product if the material is not being reclaimed.
(2) Used or reused as a safe and effective substitute for
commercial products if the material is not being reclaimed.
(3) Returned to the original process from which the material was
generated, without first being reclaimed, if the material is returned
as a substitute for raw material feedstock, and the process uses raw
materials as principal feedstocks.
(c) Except as otherwise provided in subdivision (e), any
recyclable material may be recycled at a facility that is not
authorized by the department pursuant to the applicable hazardous
waste facilities permit requirements of Article 9 (commencing with
Section 25200) if either of the following requirements is met:
(1) The material is a petroleum refinery waste containing oil that
is converted into petroleum coke at the same facility at which the
waste was generated unless the resulting coke product would be
identified as a hazardous waste under this chapter.
(2) The material meets all of the following conditions:
(A) The material is recycled and used at the same facility at
which the material was generated.
(B) The material is recycled within the applicable generator
accumulation time limits specified in Section 25123.3 and the
regulations adopted by the department pursuant to paragraph (1) of
subdivision (b) of Section 25123.3.
(C) The material is managed in accordance with all applicable
requirements for generators of hazardous wastes under this chapter
and regulations adopted by the department.
(d) Except as otherwise provided in subdivisions (e), (f), (g),
and (h), recyclable material that meets the definition of a non-RCRA
hazardous waste in Section 25117.9, is managed in accordance with
Section 25143.9, and meets or will meet any of the following
requirements is excluded from classification as a waste:
(1) The material can be shown to be recycled and used at the site
where the material was generated.
(2) The material qualifies as one or more of the following:
(A) The material is a product that has been processed from a
hazardous waste, or has been handled, at a facility authorized by the
department pursuant to the facility permit requirements of Article 9
(commencing with Section 25200) to process or handle the material,
if the product meets both of the following conditions:
(i) The product does not contain constituents, other than those
for which the material is being recycled, that render the material
hazardous under regulations adopted pursuant to Sections 25140 and
25141.
(ii) The product is used, or distributed or sold for use, in a
manner for which the product is commonly used.
(B) The material is a petroleum refinery waste containing oil that
is converted into petroleum coke at the same facility at which the
waste was generated, unless the resulting coke product would be
identified as a hazardous waste under this chapter.
(C) The material is oily waste, used oil, or spent nonhalogenated
solvent that is managed by the owner or operator of a refinery that
is processing primarily crude oil and is not subject to permit
requirements for the recycling of used oil, of a public utility, or
of a corporate subsidiary, corporate parent, or subsidiary of the
same corporate parent of the refinery or public utility, and meets
all of the following requirements:
(i) The material is either burned in an industrial boiler, an
industrial furnace, an incinerator, or a utility boiler that is in
compliance with all applicable federal and state laws, or is
recombined with normal process streams to produce a fuel or other
refined petroleum product.
(ii) The material is managed at the site where it was generated;
managed at another site owned or operated by the generator, a
corporate subsidiary of the generator, a subsidiary of the same
entity of which the generator is a subsidiary, or the corporate
parent of the generator; or, if the material is generated in the
course of oil or gas exploration or production, managed by an
unrelated refinery receiving the waste through a common pipeline.
(iii) The material does not contain constituents, other than those
for which the material is being recycled, that render the material
hazardous under regulations adopted pursuant to Sections 25140 and
25141, unless the material is an oil-bearing material or recovered
oil that is managed in accordance with subdivisions (a) and (c) of
Section 25144 or unless the material is used oil removed from
equipment, vehicles, or engines used primarily at the refinery where
it is to be used to produce fuels or other refined petroleum products
and the used oil is managed in accordance with Section 279.22 of
Title 40 of the Code of Federal Regulations prior to insertion into
the refining process.
(D) The material is a fuel that is transferred to, and processed
into, a fuel or other refined petroleum product at a petroleum
refinery, as defined in paragraph (4) of subdivision (a) of Section
25144, and meets one of the following requirements:
(i) The fuel has been removed from a fuel tank and is contaminated
with water or nonhazardous debris, of not more than 2 percent by
weight, including, but not limited to, rust or sand.
(ii) The fuel has been unintentionally mixed with an unused
petroleum product.
(3) The material is transported between locations operated by the
same person who generated the material, if the material is recycled
at the last location operated by that person and all of the
conditions of clauses (i) to (vi), inclusive, of subparagraph (A) of
paragraph (4) are met. If requested by the department or by any
official authorized to enforce this section pursuant to subdivision
(a) of Section 25180, a person handling material subject to this
paragraph, within 15 days from the date of receipt of the request,
shall supply documentation to show that the requirements of this
paragraph have been satisfied.
(4) (A) The material is transferred between locations operated by
the same person who generated the material, if the material is to be
recycled at an authorized offsite hazardous waste facility and if all
of the following conditions are met:
(i) The material is transferred by employees of that person in
vehicles under the control of that person or by a registered
hazardous waste hauler under contract to that person.
(ii) The material is not handled at any interim location.
(iii) The material is not held at any publicly accessible interim
location for more than four hours unless required by other provisions
of law.
(iv) The material is managed in compliance with this chapter and
the regulations adopted pursuant to this chapter prior to the initial
transportation of the material and after the receipt of the material
at the last location operated by that person. Upon receipt of the
material at the last location operated by that person, the material
shall be deemed to have been generated at that location.
(v) All of the following information is maintained in an operating
log at the last location operated by that person and kept for at
least three years after receipt of the material at that location:
(I) The name and address of each generator location contributing
material to each shipment received.
(II) The quantity and type of material contributed by each
generator to each shipment of material.
(III) The destination and intended disposition of all material
shipped offsite or received.
(IV) The date of each shipment received or sent offsite.
(vi) If requested by the department, or by any law enforcement
official, a person handling material subject to this paragraph,
within 15 days from the date of receipt of the request, shall supply
documentation to show that the requirements of this paragraph have
been satisfied.
(B) For purposes of paragraph (3) and subparagraph (A) of this
paragraph, "person" also includes corporate subsidiary, corporate
parent, or subsidiary of the same corporate parent.
(C) Persons that are a corporate subsidiary, corporate parent, or
subsidiary of the same corporate parent, and that manage recyclable
materials under paragraph (3) or subparagraph (A) of this paragraph,
are jointly and severally liable for any activities excluded from
regulation pursuant to this section.
(5) The material is used or reused as an ingredient in an
industrial process to make a product if the material meets all of the
following requirements:
(A) The material is not a wastewater that meets all of the
following criteria:
(i) The wastewater is a non-RCRA hazardous waste.
(ii) The wastewater contains more than 75 parts per million of
total petroleum hydrocarbons, as determined by use of United States
Environmental Protection Agency Method 1664, Revision A for Silica
Gel Treated N-Hexane Extractable Material.
(iii) The wastewater has been transported offsite to a facility,
that is not a publicly owned treatment works, a facility owned by the
generator, or a corporate subsidiary, corporate parent, or a
subsidiary of the same corporate parent of the generator.
(B) Any discharges to air from the treatment of the material by
the procedures specified in subparagraph (C) do not contain
constituents that are hazardous wastes pursuant to the regulations of
the department and are in compliance with applicable air pollution
control laws.
(C) The material is not being treated except by one or more of the
following procedures:
(i) Filtering.
(ii) Screening.
(iii) Sorting.
(iv) Sieving.
(v) Grinding.
(vi) Physical or gravity separation without the addition of
external heat or any chemicals.
(vii) pH adjustment.
(viii) Viscosity adjustment.
(6) The material is used or reused as a safe and effective
substitute for commercial products, if the material meets all of the
following requirements:
(A) The material is not a wastewater that meets all of the
following criteria:
(i) The wastewater is a non-RCRA hazardous waste.
(ii) The wastewater contains more than 75 parts per million of
total petroleum hydrocarbons, as determined by use of United States
Environmental Protection Agency Method 1664, Revision A for Silica
Gel Treated N-Hexane Extractable Material.
(iii) The wastewater has been transported offsite to a facility
that is not a publicly owned treatment works, or a facility owned by
the generator, or a corporate subsidiary, corporate parent, or a
subsidiary of the same corporate parent of the generator.
(B) Any discharges to air from the treatment of the material by
the procedures specified in subparagraph (C) do not contain
constituents that are hazardous wastes pursuant to the regulations of
the department and the discharges are in compliance with applicable
air pollution control laws.
(C) The material is not being treated, except by one or more of
the following procedures:
(i) Filtering.
(ii) Screening.
(iii) Sorting.
(iv) Sieving.
(v) Grinding.
(vi) Physical or gravity separation without the addition of
external heat or any chemicals.
(vii) pH adjustment.
(viii) Viscosity adjustment.
(7) The material is a chlorofluorocarbon or
hydrochlorofluorocarbon compound or a combination of
chlorofluorocarbon or hydrochlorofluorocarbon compounds, is being
reused or recycled, and is used in heat transfer equipment,
including, but not limited to, mobile air-conditioning systems,
mobile refrigeration, and commercial and industrial air-conditioning
and refrigeration systems, used in fire extinguishing products, or
contained within foam products.
(e) Notwithstanding subdivisions (b), (c), and (d), all of the
following recyclable materials are hazardous wastes and subject to
full regulation under this chapter, even if the recycling involves
use, reuse, or return to the original process as described in
subdivision (b), and even if the recycling involves activities or
materials described in subdivisions (c) and (d):
(1) Materials that are a RCRA hazardous waste, as defined in
Section 25120.2, used in a manner constituting disposal, or used to
produce products that are applied to the land, including, but not
limited to, materials used to produce a fertilizer, soil amendment,
agricultural mineral, or an auxiliary soil and plant substance.
(2) Materials that are a non-RCRA hazardous waste, as defined in
Section 25117.9, and used in a manner constituting disposal or used
to produce products that are applied to the land as a fertilizer,
soil amendment, agricultural mineral, or an auxiliary soil and plant
substance. The department may adopt regulations to exclude materials
from regulation pursuant to this paragraph.
(3) Materials burned for energy recovery, used to produce a fuel,
or contained in fuels, except materials exempted under paragraph (1)
of subdivision (c) or excluded under subparagraph (B), (C), or (D) of
paragraph (2) of subdivision (d).
(4) Materials accumulated speculatively.
(5) Materials determined to be inherently wastelike pursuant to
regulations adopted by the department.
(6) Used or spent etchants, stripping solutions, and plating
solutions that are transported to an offsite facility operated by a
person other than the generator and either of the following applies:
(A) The etchants or solutions are no longer fit for their
originally purchased or manufactured purpose.
(B) If the etchants or solutions are reused, the generator and the
user cannot document that they are used for their originally
purchased or manufactured purpose without prior treatment.
(7) Used oil, as defined in subdivision (a) of Section 25250.1,
unless one of the following applies:
(A) The used oil is excluded under subparagraph (B) or (C) of
paragraph (2) of subdivision (d), paragraph (4) of subdivision (d),
subdivision (b) of Section 25250.1, or Section 25250.3, and is
managed in accordance with the applicable requirements of Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations.
(B) The used oil is used or reused on the site where it was
generated or is excluded under paragraph (3) of subdivision (d), is
managed in accordance with the applicable requirements of Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations, and is not any of the following:
(i) Used in a manner constituting disposal or used to produce a
product that is applied to land.
(ii) Burned for energy recovery or used to produce a fuel unless
the used oil is excluded under subparagraph (B) or (C) of paragraph
(2) of subdivision (d).
(iii) Accumulated speculatively.
(iv) Determined to be inherently wastelike pursuant to regulations
adopted by the department.
(f) (1) Any person who manages a recyclable material under a claim
that the material qualifies for exclusion or exemption pursuant to
this section shall provide, upon request, to the department, the
California Environmental Protection Agency, or any local agency or
official authorized to bring an action as provided in Section 25180,
all of the following information:
(A) The name, street and mailing address, and telephone number of
the owner or operator of any facility that manages the material.
(B) Any other information related to the management by that person
of the material requested by the department, the California
Environmental Protection Agency, or the authorized local agency or
official.
(2) Any person claiming an exclusion or an exemption pursuant to
this section shall maintain adequate records to demonstrate to the
satisfaction of the requesting agency or official that there is a
known market or disposition for the material, and that the
requirements of any exemption or exclusion pursuant to this section
are met.
(3) For purposes of determining that the conditions for exclusion
from classification as a waste pursuant to this section are met, any
person, facility, site, or vehicle engaged in the management of a
material under a claim that the material is excluded from
classification as a waste pursuant to this section is subject to
Section 25185.
(g) For purposes of Chapter 6.8 (commencing with Section 25300),
recyclable materials excluded from classification as a waste pursuant
to this section are not excluded from the definition of hazardous
substances in subdivision (g) of Section 25316.
(h) Used oil that fails to qualify for exclusion pursuant to
subdivision (d) solely because the used oil is a RCRA hazardous waste
may be managed pursuant to subdivision (d) if the used oil is also
managed in accordance with the applicable requirements of Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations.