Regulatory Assistance Frequently Asked Questions

Yes, if it is a RCRA waste (22CCR 66261.100, 40CFR 260.22). The fact sheet "Delisting Petitions and the Petition Review Process" gives an overview of the process; a guidance manual is available by writing to the address given there.

Yes, if it is a non-RCRA waste that has mitigating physical or chemical characteristics which render it insignificant as a hazard to human health and safety, livestock and wildlife. The criteria for making this determination will focus on the chemical and physical nature of the waste per the section 22CCR 66260.200(f).

It must be emphasized that the following is merely a general overview of the subject, and is not a legal definition. The laws and regulations are contained in California Health and Safety Code (HSC), Division 20, Chapter 6.5, and Title 22, California Code of Regulations, Division 4.5 (22CCR), Chapter 11, respectively.

It is the generator's responsibility to determine correctly whether their waste is hazardous. This can be done by applying professional knowledge to the waste and to the processes generating the waste, or by testing according to the methods contained in 22CCR, Chapter 11. That chapter is titled "Identification and Listing of Hazardous Waste."

Article 1 begins with Section 66261.1, "Purpose and Scope," and then continues with extensive definitions of "waste" and "hazardous waste," and of those materials which are excluded by law from those definitions. It ends with a discussion of management of contaminated containers, including aerosol cans and compressed-gas cylinders in section 66261.7.

Article 2, consisting of Section 66261.10, lists very briefly the criteria that DTSC uses to identify and define a characteristic of a hazardous waste.

Article 3, directly applicable to this question, describes ways to determine whether the waste exhibits the characteristics of ignitability (Section 66261.21), corrosivity (Section 66261.22), reactivity (Section 66261.23), or toxicity (Section 66261.24), thereby making it hazardous.

Included in section 66261.24 is information on the following: Maximum Concentration of Contaminants for the Toxicity Characteristic (RCRA waste codes for use in manifesting are included); Inorganic Persistent and Bioaccumulative Toxic Substances with Soluble and Total Threshold Limit Concentrations (STLC and TTLC); Organic Persistent and Bioaccumulative Toxic Substances (with STLCs and TTLCs); and a brief description of the Aquatic Bioassay Procedure, "Static Acute Bioassay Procedures for Hazardous Waste Samples”, California Department of Fish and Game, Water Pollution Control Laboratory, revised November 1988 (incorporated by reference, see section 66260.11), The aquatic bioassay procedure uses fathead minnows (Pimephales promelas), rainbow trout (Salmo gairdneri) or golden shiners (Notemigonus crysoleucas).

Article 4 contains lists of hazardous wastes which are hazardous by definition, or "listed wastes." RCRA waste codes for manifesting these materials are included.

Article 5 discusses RCRA and non-RCRA hazardous wastes, extremely hazardous wastes and special wastes. Appendices give references for sampling, describe test methods, list hazardous constituents and presumptive hazardous materials.

Appendix X lists chemical substances and common wastes that are presumed to be hazardous unless the generator's waste determination proves them to be non-hazardous. Appendix XII lists waste codes for use in manifesting non-RCRA (California-only) hazardous wastes.

Management of these wastes is described in Chapter 12, "Standards Applicable to Generators of Hazardous Waste," which begins with Section 66262.10. In particular, Section 66262.11 describes the generator's responsibilities to make hazardous waste determinations, and Section 66262.34 provides the regulations covering Accumulation Time.

Answered by DTSC Attorneys

I've heard that California's fish bioassay test doesn't apply to soaps, detergents or other wastes that contain 'surfactants'.

There is no waiver or exclusion from the aquatic toxicity testing requirement, nor is there any rule or regulation that allows a generator to ignore a result obtained from performing the aquatic fish bioassay test. . If you have aquatic toxicity test results from your waste detergent or soap that shows an acute aquatic 96-hour LC 50 less than 500 milligrams per liter then the waste is determined to be hazardous and should be managed according to all applicable hazardous waste requirements.

DTSC is aware that confusing and conflicting information has been reported about California’s aquatic toxicity test. Some claims have been made that running the aquatic toxicity test on soaps and detergents doesn’t truly measure “toxicity”, but simply results in suffocating or killing the test fish due to physiological effects not related to toxicity. DTSC does not agree with these claims, and continues to apply and abide by this mandated test procedure. The mechanisms of toxicity of many surfactants are not significantly different from those found with other surface-acting toxicants such as copper and acrylamide. The acute aquatic bioassay test does not distinguish fish mortality resulting from a toxic effect of one or more surfactants from those resulting from another ingredient in a product. Therefore, DTSC continues to apply and requires compliance with the aquatic toxicity test procedure as set forth in regulation.

The best choice is not generate hazardous waste at all. This is called "waste minimization" or "pollution prevention." Companies in California are required to examine their waste-producing processes to see whether waste generation can be reduced or prevented by making changes in the processes or procedures. See the DTSC Pollution Prevention and Technology Development pages. This can be a simple as using washable wipes instead of disposables for cleaning with industrial solvents, or as complicated as changing a manufacturing process to substitute less toxic chemicals. Companies often find that they may have to spend money to make these changes, yet save in the long run.

After a company has minimized the waste that it does produce, there are often management options for the remaining waste that can be followed to avoid disposing of the waste. Recycling is a growing business in North America and the rest of the world. Sometimes a waste from one process can be used in another one right at the factory. For instance, a corrosive acid waste could be used to neutralize a caustic solution. A waste chemical from one process is sometimes sold to another company for use as an ingredient in their process. As an example, an electronics manufacturer's spent copper circuit board etchant can be treated to remove the toxic copper as copper sulfate, a common chemical. That copper sulfate might then be sold to a company that uses copper sulfate to make plating solution. Some metal-containing sludges can be processed at a metal refiner to recover the metal in elemental form, rather than being disposed of in a landfill.

Many hazardous wastes can be treated by chemical, physical or biological means to reduce the hazard or the volume of the waste. Treatment options are selected on the basis of physical characteristics (i.e. solid, liquid, gas, etc.) and the chemical (hazardous) characteristics of the wastes. A thousand gallons of water contaminated with heavy metals can be treated chemically to get a few pounds of solid waste and a thousand gallons of clean water, which could be reused in the process which generated it. Acids can be neutralized to harmless salts. In biological treatment, microbes digest many toxic substances and reduce them to harmless byproducts. One type of biological treatment option being developed for some wastes is "land-farming", or "bioremediation", where specially selected microbes break down hazardous chemicals into harmless byproducts in the soil. There is a great deal of research being done in this area now, all around the world.

Finally, there are disposal options. The two main disposal choices are land disposal and incineration. Current land disposal facilities have double-lined construction and extensive leak monitoring. They are not allowed to accept liquid wastes, and are engineered so that rainwater and surface run-on water that could leak through the unit are minimized. They do use up space, however, and limit future use of that property. Incinerators are a common way of disposing of certain hazardous wastes; in fact, there are some wastes for which the only disposal option is incineration. But they are also very controversial. Proponents say that if they are operated correctly and responsibly, they create virtually no pollution. Opponents say that incinerators work properly only while they are being tested, and under routine use create dangerous pollutants. As citizens, we must examine the arguments and the science that the arguments are based on. California has some of the strongest laws in the nation that require public participation in decisions of siting waste facilities, but in order for those laws to work fairly, citizens must be well-informed and become involved.

Even though new technology is constantly improving waste treatment and disposal methods, the most efficient way of controlling pollution will be to prevent it, a philosophy that California is actively taking into the 21st century. Cal/EPA's Department of Toxic Substances Control has an active Pollution Prevention program. The documents at this site can give you an idea of how we encourage and assist businesses in California to operate in a way that minimizes their negative impact on the environment.

The following is an extremely simplified overview of a very complicated subject; it is not a legal definition. Bolded section numbers are the legal references that can be found at the links given in the introduction. If you are a hazardous waste generator, it is your responsibility to identify and manage your waste properly. If any assistance is required when identifying whether a material is classified as a hazardous waste, you may call the Waste Evaluation Unit Helpline by dialing (916) 322-7676. The Helpline is available from 8:00 am until 5:00 pm (Pacific Time) on Mondays through Fridays, excluding State holidays. Note that the California waste identification and classification regulations are found in Title 22 of the California Code of Regulations.

"Waste" is any discarded material of any form (for example, liquid, semi-liquid, solid, or gaseous) that is not excluded by law. "Discarded" means relinquished, recycled, or inherently waste-like. Waste is legally defined in Title 22 California Code of Regulations section66261.2.

"Hazardous waste" is a waste which not excluded by law and shows any of the characteristics of a hazardous waste or appears in certain lists. "Hazardous Waste" is defined in section 66261.3. The characteristics are Ignitability (66261.21), Corrosivity (66261.22), Reactivity (66261.23), and Toxicity (66261.24). "Listed Wastes" are found in sections 66261.30 and section 66261.35. Wastes appear in the lists because of their known hazardous natures or because the processes that generate them are known to produce hazardous wastes (which are often complex mixtures).

Sewage and radioactive wastes, even though they may be dangerous to health, are not defined as hazardous wastes under the jurisdiction of the Department of Toxic Substances Control. Sewage issues are handled by city or county Sanitation and/or Health Departments. Radioactive wastes are regulated by the Radiologic Health Branch of the California Department of Health Services.

Yes. Under HSC Section 25160.2, you are allowed to commingle filters from dispensing pumps for diesel and gasoline fuels when they are transported with a consolidated manifest. Fact sheets are available online.

No. You must notify both agencies: U.S. EPA and DTSC.

Individual and businesses who have hazardous waste identification numbers (a.k.a EPA ID Numbers) are required to participate in DTSC’s annual Verification Questionnaire (VQ) process. 

The VQ process ensures that address and contact information is correct. Companies that do not return the VQ are assumed to be no longer operating and the EPA ID Number is assigned an “inactive” status.

To minimize the bureaucratic process, the VQ process is combined with the assessment and payment of two fees.

A fee for manifest processing based on the number of manifests submitted by the generator, and

A fee for having an EPA ID Number based on the number of employees.

Most EPA ID Number holders do not pay fees.

Just because the form changed doesn't mean that California hazardous waste laws and regulations did. You still have to use the California waste codes. We're still the most environmentally-protective State in the Union, you know. It's a beautiful place, California. We all want to keep nasty stuff like heavy metals and gobs of used oil out of the environment and away from all of us critters who live in it, which also includes the animals and plants.

We put together for you a handy-dandy set of instructions about California-specific requirements for the new manifest. Besides putting the California waste codes in an easy-to-use table, we included the new Hazardous Waste Management Method Codes that you need. http://www.dtsc.ca.gov/IDManifest/upload/HWM_Manifest_SupCAManInstr.pdf
We've tried to anticipate your needs but, now that the change is upon us, we're sure there will be needs we never saw coming. If you have a question, or a suggestion about information we can put out that would help everyone, email CAManRegs@dtsc.ca.gov.

Per Federal law, for RCRA wastes, the TSDF must send a copy to DTSC only if their state also requires it.   

For non-RCRA wastes, the new state regulations require them to do so but not all other states enforce that requirement.  Therefore, state law still requires the generator and the transporter who transports the waste out of state to also submit copies signed by the TSDF to DTSC

If the out-of-state facility notifies the generator and transporter that the facilities does send signed copies to DTSC, there is no functional need for multiple submissions.  

The reason for this requirement is the "cradle to grave" tracking system required for hazardous wastes. Information from the generator and TSDF copies of the manifest is entered into the Hazardous Waste Tracking System. Manifest data that does not have matching generator and TSDF information may be subject to investigation by DTSC.

It's easy to find out if your transporter and disposal facility have ID numbers. And you can use this process to check on your own EPA ID number, too. 

Check any EPA ID number by going to the special page on DTSC’s Web Site for doing just that. Search on the ID number to view the facility and manifest information. Or search for your business name or site address, and that report will show if you have an ID number. When searching, please use minimal information, as too much information may not return the results you want. For example, when searching on an address use the street number and the city. Also, and this trips a lot of people up, you may need to disable your computer’s pop-up blocker to view the report (in your browser, look under Tools, Internet Options, then Privacy).

If you do not have Internet access or have questions, please contact DTSC’s Telephone Information Center at (800) 618-6942 if calling from inside California or (916) 255-1136 if calling from outside California. When you call and hear the recorded message, press 1 and then 3 to reach a technician for assistance. 

And one other thing…. You won’t see newly-issued federal EPA ID numbers on our  Hazardous Waste Tracking System for up to six months. 

You will need to contact US EPA directly at 415- 495-8895 (Tetratech subcontractor), and you will also need to inform DTSC by filling out Form 1358.

I faxed my application for an EPA ID to the number on your Web site about a week ago. Is there some way for me to check on the status of it?

You should expect to get an EPA ID number within three to five business days from the date our helpful Generator Information Services Section receives your application. Your ID number confirmation letter should arrive within seven business days from the date we received your application. After that three to five business days, you can check the status of your ID number by going to the Hazardous Waste Tracking System on our Web site. Once you get there, click on Reports. Under the first report, "Search for a Company," enter your address (sometimes just entering your town and street number works best). You will see a list of ID Numbers and facility information. Find your company name and address or city and click on the ID number next to it. You will get a detailed report of the information for your new ID number. You can print that report out as a record of your ID Number and post it at your site.

If you are having problems seeing Hazardous Waste Tracking System reports, you will need to disable your computer’s popup blocker.

If a Generator has not received a signed copy of the manifest from the TSDF after 35* days from the date the waste wasreceived by the transporter, the Generator is required to contact the Transporter and TSDF to determine the status of the waste shipment.
 
● If shipped by water, 60 days triggers calling the TSDF.
 
If after contacting the TSDF and Transporter, the Generator has not received a signed copy of the manifest, the Generator is required to file an Exception Report with DTSC. If the Generator receives a signed copy from the TSDF, then an Exception Report is not necessary.
 
A Generator files an exception report after:
 
● 45 days after the date of transporter receipt for Generators >1000 kg/month
● 60 days after the date of transporter receipt for Generators <1000 kg/month
● 90 days after the date of transporter receipt for Generators that shipped any amount of hazardous waste by water

The Exception Report needs to include the following:

● a legible copy of the manifest, and
● a cover letter explaining what the Generator has done to locate the hazardous waste and the results  of those efforts.

Send Exception Reports to:

DTSC Report Repository
Generator Information Services Section
P.O. Box 806
Sacramento, CA 95812-0806
 
California Code of Regulations, Title 22, Section 66262.42

I'm told that I will need to get a California EPA ID number for my new business. How do I go about doing that?

Congratulations on your new enterprise! We have something new to offer you, too. An Internet-accessible fill-and-print (or save and email) California EPA ID application Form 1358 to replace the form that had to be downloaded, completed and faxed.

If there are RCRA empty containers coming out of your state that once held a product that contained a percentage of hazardous material by state regulations... Can we remove it from the state on a bill of lading rather than a hazardous waste manifest since it meets the criteria of a RCRA empty container. No free liquids and less than 1 percent of residue and its not an acutely hazardous material?

Empty containers being transported in California are not required to have a hazardous waste manifest or be transported by a registered hazardous waste transporter as long as the containers meet the exemptions under the Contaminated Container regulations found in the California Code of Regulations (CCR), Title 22, Chapter 11, section 66261.7. To review these regulations go to: http://www.calregs.com

The Department of Toxic Substances Control (DTSC) requires the generator, or person who uses the contents of the container, to empty the container of material as much as reasonably possible. These requirements are more stringent than the federal empty container standards found in the Code of Federal Regulations (CFR), section 261.7, which allows up to one inch or 3% of the total weight of the containers contents to remain in the container. Containers that held an extremely hazardous waste or acutely hazardous material would need to be tripled rinsed before handling or disposal.

For empty containers to maintain the exemption from the hazardous waste manifesting requirements the empty containers must be managed according to one of the following management practices:

* By reclaiming the containers scrap value onsite.

* By sending the container to a person who reclaims the containers scrap value.

* By reconditioning or remanufacturing the container onsite; or

* By shipping the container to a person who reconditions or remanufactures the container.

Empty containers that are sent back to the supplier for the purpose of being refilled are also exempt from DTSC regulations provided that certain requirements outlined in the empty container regulations are met.

Empty containers with a capacity of five gallons or less can be managed by one of the above methods or can be disposed of at an appropriate solid waste facility.

For more information on empty containers go to the DTSC fact sheet Managing Empty Containers at: http://www.dtsc.ca.gov/HazardousWaste/upload/OAD_Containers_FS.pdf

Yes. All states now use the same federal manifest, which does not have a page for the generator to tear out and submit to DTSC. Most generators will have to make legible photocopies and submit them to DTSC at P.O Box 400, Sacramento, CA 95812-0400.

You received the form because you had hazardous waste removed from your facility, business, or property in 2008. If you had construction work done on a building, for example, there may have been asbestos removed. If you had a property cleaned up, there may have been waste oil, paints, solvents, etc. that was removed. These materials require a Hazardous Waste Manifest (shipping document) in order to be removed from the property. A temporary EPA ID Number obtained in your name was used on the hazardous waste manifest in order to remove this waste.

DTSC collects a one-time fee of $7.50 for each hazardous waste manifest that is used. If you are a home owner, property owner or a business that employs less than 100 people, there is a fee exemption that provides for up to four free manifests in a calendar year. In order to receive this fee exemption, you will need to write the Manifest Tracking Number(s) in the space provided on the Manifest Fee Calculation Sheet. You will find the Manifest Tracking Number in Box 4 in the top right corner of your Hazardous Waste Manifest copy. If you do not have a copy of the manifest(s), contact the contractor or hazardous waste transporter who performed the work for you. Whether or not you owe manifest fees, you are required to complete the form and return it to DTSC.

No. All old state and federal manifests became obsolete on September 5, 2006. Only the “new” federal manifest can be used after that date. You can only purchase new manifests printed by one of the printers approved by U.S. EPA. Please go the Manifest Registry web link to view a list of printers (with phone and email information).  The new manifest is EPA Form 8700-22 (Rev 3-05). All previous editions of the manifest are obsolete.

Verification Questionnaire Printed on the form is the business and contact information that we have in the Hazardous Waste Tracking System. Please update as necessary any incorrect information in the spaces provided. The directions are on the back. If you did not receive this form please contact the toll free number immediately for directions on how to proceed. ****If you no longer wish to use the EPA ID number, check box 6 and the number will be assigned an” inactive” status in the Hazardous Waste Tracking System. The number will not be assigned to another company and may be reactivated by you at any time. Schedule A – Manifesting Fee This form contains a count of the manifests that DTSC has in the Hazardous Waste Tracking System. The Directions are on the back. If you manifested waste in 2007 and you did not receive this form call the toll free number immediately for directions. Schedule B – EPA ID Number Fee This form contains the information on how to calculate the amount of fees owed for having an EPA ID Number.

The "BOE ID Number" is new to this year's EPA ID verification drill, but it may not apply to you.

If you don’t generate at least five tons of hazardous waste a year, you don’t have to worry about this at all. We could (and should) have explained this better, and we sure will next time. Meanwhile, for information on the California State Board of Equalization (BOE) which administers the State's sales, use, and other taxes and fees go to:  http://www.boe.ca.gov/. For the BOE Hazardous Waste Generator Fee Return form, go to: http://www.boe.ca.gov/pdf/boe501hg.pdf

The number says what kind of business you are.  I guess it wouldn’t help much to tell you that the NAICS number officially replaces the SIC number, would it?  But it’s true!  More about that, if you’re interested, after we cut to the chase.

Our experience tells us that most of you will use one of the following numbers (in their apparent order of frequency):

Auto Dealers (new, used, plus light trucks):  5511
Auto Parts (supplies, parts):  5531
Gasoline Stations (service stations, truck stops):  5531
Auto Body Shops:  7532
Schools:  8211
Municipal Government:  9199
Metal Fabrication:  3499
Dentists*:  8021
Doctors*:  8011

* (Remember, if the only hazardous waste you generate is silver that you send off for recycling, you do not need an EPA ID number!)

NAICS stands for North American Industry Classification System (NAICS), and it replaces the Standard Industrial Classification (SIC) system as a method of capturing information about our economy.  The switch came about in 1997, after long coordination with Mexico and Canada, to paint a picture of the economy of the entire the North American economic scene.  But that doesn’t tell you much, either.  We bet you want to know:  a) why we need it; and b) where you can find what number you are.

We need the number to help us do all kinds of analysis that helps us understand what’s going on with hazardous waste in the State.  With that understanding, we can prioritize our efforts and, more importantly, focus on reducing the amount of waste generated.  You can match your business to the appropriate NAICS number – then the conversion to SIC number – by visiting the U.S. Census Bureau site (they’re responsible for keeping the system up and if you want to know about its history, you’ll find that information at their site as well).  We’re sorry for this but it is in California law, you’ll have to follow your NAICS code to get to your SIC code.  The good news is that the Census Bureau Web site is pretty easy to get around in.

  This one has a two-part answer. Part one has to do with the environmental regulatory agencies, U.S. EPA and DTSC. Our regulations say that the hazardous waste training must be, “appropriate for the job.” We have a fact sheet, “Hazardous Waste Generator Requirements,” that describes the training requirements based on the type of generator you are.

The second part has to do with U.S. Department of Transportation (DOT) requirements. DOT is far more prescriptive in its hazardous materials shipper training requirements. Rather than go into all of that detail here, you should read the U.S. EPA letter that goes into all of the regulatory detail about training requirements.

You can find the list of vendors that U.S. EPA has approved to sell the new manifests at http://www.epa.gov/epaoswer/hazwaste/gener/manifest/registry/printers.htm#table . EPA's updating that list as others are approved. You might want to call your transporter (who may be getting them and pre-printing them for you). As is true with any other product, shop around - the vendors are selling manifests in various lot sizes and for various prices.

Don't even think about using the old manifests! You must use the new manifest from now on. If you get yourself in a time or capacity crunch and haven't ordered the forms, call your transporter, destination facility, or CUPA to try to get one. During this initial implementation period, using the old form is better than the more serious violation (and potential for environmental harm) of exceeding accumulation times or capacity limits. But we will watch for anyone who uses the old forms, so do everything you can to get ahead of the curve.

Also know that we've made all kinds of information (like the Supplemental California MANIFEST Instructions that has the California waste codes) and links available on our Web site. You can get to the page from our homepage, under Hot Topics, or simply go directly there from here: http://www.dtsc.ca.gov/IDManifest/Manifests.cfm

The top copy is to be signed by the generator certifying the completeness and correctness of the manifest.  The transporters sign upon taking custody of the hazardous waste.  When the hazardous waste is received by the treatment, storage or disposal facility (TSDF), the TSDF signs the manifest certifying receipt of the hazardous waste.

The Designated Facility to State (formerly white) copy is then sent to DTSC by the TSDF within 30 days of receipt.  The new federal manifest has two Designated Facility pages:

Page 1--Designated Facility to Destination State is used if the TSDF is located in California. 

Page 2--Designated Facility to Generator State is used if the TSDF is located out of state but the Generator is in California. Address:

DTSC Facility Manifests, P. O. Box 3000, Sacramento, CA 95812-3000.

The Generator to State (formerly blue) copy no longer exists in the manifest. However, the generator is required to send DTSC a copy within 30 days of shipping the waste.   Generators must provide a legible copy and photocopies are accepted. Address:

DTSC Generator Manifests, P. O. Box 400, Sacramento, CA 95812-0400.

It is important to send this copy to DTSC, even if it is late. Do not send a letter of explanation. Never send a cover letter or any other attachment with a copy of a manifest, other than a continuation sheet.

Page 3--the Designated Facility to Generator (formerly yellow) copy is to be sent to the generator by the facility to which the waste has been manifested within 30 days of receipt. The generator must retain this copy for three years, though many recommend that manifest copies be kept as part of your permanent records.

If the waste has been sent out of state, upon receipt of this copy, the generator must make a photocopy of the copy signed by the out-of- state TSDF and send it to DTSC within 30 days, retaining the original.   Address:

DTSC Facility Manifests, P. O. Box 3000, Sacramento, CA 95812-3000.

When a generator does not receive a TSDF signed manifest back within 35 days, the generator must investigate by calling the transporter(s) and TSDF. If a shipment and manifest are not located, the generator must file an exception report with DTSC per 22 CCR 66262.42 and mail that report to DTSC. Generators of greater than 1000 kg per month must submit this report in 45 days. Smaller generators have 60 days. For shipments by water, time periods are extended. Address:

Report Repository, GISS, P.O. Box 806, Sacramento, CA 95812-0806 .

Page 4-- the Designated Facility’s Copy (formerly white) is to be retained for three years by the facility to which the waste has been sent.

Page 5-- the Transporter’s Copy (formerly green) is to be retained for three years by the first transporter. Subsequent transporters must retain photocopies with the signature of the entity to which they turned over custody of the shipment.

Page 6--the Generator’s Initial Copy (formerly yellow) is to be retained for three years by the generator or until the generator receives the signed copy from the TSDF.

The procedure described above is designed to allow tracking of the waste from the generator to its ultimate destination (cradle to grave). Additional information can be found at HSC 25160 and 22 CCR 66262.23

You got this because you have an EPA ID Number. Every year, we sent out a questionnaire to verify and update the information in DTSC’s Hazardous Waste Manifest. It is also an opportunity for a company to decide if they still need to use and EPA ID Number an “inactivate” any.

You received the form because you had hazardous waste removed from your facility, business, or property in 2008. If you had construction work done on a building, for example, there may have been asbestos removed. If you had a property cleaned up, there may have been waste oil, paints, solvents, etc. that was removed. These materials require a Hazardous Waste Manifest (shipping document) in order to be removed from the property. A temporary EPA ID Number obtained in your name was used on the hazardous waste manifest in order to remove this waste.

DTSC collects a one-time fee of $7.50 for each hazardous waste manifest that is used. If you are a home owner, property owner or a business that employs less than 100 people, there is a fee exemption that provides for up to four free manifests in a calendar year. In order to receive this fee exemption, you will need to write the Manifest Tracking Number(s) in the space provided on the Manifest Fee Calculation Sheet. You will find the Manifest Tracking Number in Box 4 in the top right corner of your Hazardous Waste Manifest copy. If you do not have a copy of the manifest(s), contact the contractor or hazardous waste transporter who performed the work for you. Whether or not you owe manifest fees, you are required to complete the form and return it to DTSC.

No, you will need to contact them directly at 916-323-9534 or visit their website at www.boe.ca.gov.

Even though the lamp manufacturers say that their "green" fluorescent lamps are not hazardous waste, they really are.

We wrote the rules! All fluorescent lamps contain mercury vapor.  Some lamp manufacturers have engineered lamps that can pass the federal hazardous waste threshold, either by reducing the amount of mercury used in the lamp, or by placing materials in the lamp that help the lamp pass the federal hazardous waste tests.  We are so concerned about how toxic mercury is, that California's hazardous waste rules for lamps state that a lamp with ANY added mercury is a hazardous waste, and you must dispose of it as either hazardous or as a universal waste.

You are best off handling the light tubes as a universal waste so you don’t have to get an EPA ID number or use a hazardous waste manifest to get rid of them (unless, of course, your business handles other hazardous waste in addition to the fluorescents). 

Households don’t need EPA IDs, by the way. We have lots of information about this that you can find under Hot Topics on our homepage.

Additionally, if you already do have an EPA ID and manifest hazardous waste, there have been significant changes regarding manifests since September 5. Find out now about the new uniform federal manifest instructions, which 

requires you to purchase manifest forms in advance from U.S. EPA-approved vendors. For more specific information, see theHazardous Waste Manifest Information page. (http://www.dtsc.ca.gov/IDManifest/Manifests.cfm.)

I have a client who has suffered some downsizing and, through the process, has accumulated computer monitors that they are planning on donating to Goodwill Industries. Their employees inspect & test the monitors for potential resale through the Goodwill Retail Store. Goodwill packages and transports any units deemed not fit for resale to an offsite universal waste CRT recycler. There is no reason to suspect that any of the monitors that my client has accumulated do not work, as they were in-use when they became "surplus".

With the exception of any damaged or otherwise obvious nonworking units, it would not appear that the monitors would meet the definition of Universal Waste CRT in 22 CCR 66273.6 when donated as described above?

It looks to me like your determination would be correct that computers and CRTs that are donated for re-use would not be a waste, and therefore the computers would not be regulated as an E-waste or universal waste, or any other waste for that matter. If upon inspection a computer or CRT is determined to be a waste it could then be handled under the classification for that waste such as a universal waste or E-waste.

Good Will Industries is also a DTSC registered E-waste handler and should be able to properly handle any computers or monitors that upon inspection are determined to be a universal waste or E-waste.

For the DTSC website for universal waste go to: http://www.dtsc.ca.gov/HazardousWaste/UniversalWaste/index.cfm

For the DTSC website for E-wastes and CRTs go to: http://www.dtsc.ca.gov/HazardousWaste/EWaste/index.cfm#How_Should_I_Properly_Manage_E-Waste?

No. If the appliance is being repaired, it is not a waste. CAR requirements apply to discarded major appliances. Once an appliance is discarded and becomes a waste, a CAR would need to properly remove and dispose of all the Materials that Require Special Handling.

All of the choices that have been described as industrial pollution prevention and waste minimization can also be practiced by consumers: Don't generate. Minimize. Reuse. Check with your local county Household Hazardous Waste program to learn some pollution prevention and waste minimization methods for consumers. We can choose to use low-toxicity or organic methods in our home garden. We can choose the least toxic sprays and cleaners around the house, use public transit when we can, and choose products that have minimal packaging. If we make these choices, we should let stores and companies know why we are making them. Companies survive by providing what consumers demand; if you tell a company that you won't buy their product because it's surrounded by two boxes and encased in plastic, they will take note of it.

For specific regulatory information about handling household hazardous waste, please review the statutes in HSC 25218 through HSC 25218.12. These statutes regulate the management of most hazardous waste from households and commercial generators of small quantities of hazardous wastes (those who generate less than 100 kilograms - 220 pounds - of waste per month).

Of course we can help! As can the Department of Resources Recycling and Recovery (CalRecycle). First, many, but not all, household hazardous waste collection locations also accept various types of electronic waste. If you’re wondering what a household hazardous waste place is, it’s where you took your old paint, solvents, and garden pesticides the last time you cleaned out your garage. We have a list of household hazardous waste programs that we put together for another purpose, but it will work for you, too.

More specifically, CalRecycle has a directory of organizations that collect e-waste. They also have a link to ewaste collection companies (caveat emptor – some may charge for their service). 

There is no application fee to become a Certified Appliance Recycler (CAR).

The short answer is that you are required to follow federal and state regulations. Lamps and ballasts may contain hazardous materials and should be disposed of properly. 

What this means is you should assume that ballasts manufactured through 1979 and those without a “No PCBs” label do contain polychlorinated biphenyls (PCBs). Alternatively, those ballasts designated “No PCBs” generally fall into two categories.

Some are known as “wet” because they contain a dielectric fluid, DEHP, but the ballasts that include them are not classified as hazardous waste. Recyclers must drain out the DEHP before they can recycle the metal and must manage the DEHP as a hazardous waste.

Other “dry” ballasts are entirely electronic and may be sent intact for recycling.

Because

Medical waste, including needles and syringes, is not hazardous waste as it is defined by the state of California. Please contact the Environmental Health Division of your county Department of Health Services or the California Department of Public Health.

These kinds of wastes - generated by households - are known as "Household Hazardous Wastes", or HHW. CalRecycle and the U.S. Environmental Protection Agency have information and links about almost all aspects of household hazardous wastes and recycling. Your local city or county Public Works Department may also have a schedule of local collection events, or call 1-800-CLEANUP or visit this HHW Community Locator (have your zip code ready) and follow the prompts.

There are many electronic devices which when discarded have been tested and shown to be hazardous waste, due to their heavy metal content. These include televisions, computer monitors, laptop computers with LCD displays, to name a few. There are additional electronic devices which may also be a hazardous waste when they are ready to be disposed of that may not have been tested. A good rule of thumb is if in doubt and it has a plug take it to your local Household Hazardous Waste Collection facility. They will have the knowledge and expertise to dispose or recycle it appropriately.

I develop training about lead poisoning protection and have a hard time convincing people that your 1994 Waste Evaluation Regulation Guidance, "Lead Painted Building Debris," is no longer in effect when it can still be found on-line but no official DTSC statement can be found on-line to show that it is not.

Wow! That’s a problem we’ll certainly look into and correct somehow. That guidance looked a lot like an “underground regulation,” which is prohibited. So we rescinded it. You are correct in assuming that the generator has to make the determination as to whether the debris waste is hazardous. 

Here’s the text from the official word:

“This memo formally rescinds the below-listed guidance documents previously issued by the Department of Toxic Substances Control (DTSC). As a result of numerous changes to California's Hazardous Waste Control Laws and title 22, division 4.5 of the California Code of Regulations since these guidance documents were first produced, they no longer provided accurate waste classification guidance. Therefore, with this memo, DTSC is rescinding these documents and is notifying the public that they should rely upon the current laws and regulations when classifying their wastes (as hazardous waste or as non-hazardous waste). If you need general hazardous waste classification assistance, please contact your regional DTSC Duty Officer.

Guidance Documents:

Waste Classification Regulation Guidance Manual - February 15, 1994

Handbook for the Analysis and Classification of  Waste - March 1, 1994

Waste Classification Alternatives Available - January 25, 1999

Management Memo #EO-94-007-MM, "Expired Chemicals" - October 31, 1994

By the way, the “Duty Officer” title changed to Regulatory Affairs Officer. But they are still the same type of friendly, helpful Hazardous Substances Scientists who have staffed 800-72TOXIC for all these years.

Fluorescent lamps, batteries, cathode ray tubes and mercury thermostats are part of the group of wastes that are regulated as "Universal Waste". If you generate universal waste, please read the final universal waste regulations. They can be found online at www.calregs.com under California Code of Regulations, Title 22, sections 66273.1 through 66273.90, or at the DTSC Web site.

Since recycling is always preferable to disposal, we recommend that you contact your local household hazardous waste/small business waste program to see if universal waste is accepted by your local program. Also search the Internet for "California fluorescent lamp recycling" for a listing of lamp recyclers. Many retail stores that sell rechargeable batteries also accept old batteries for recycling; a list of retailers can be found at the Rechargeable Battery Recycling Corporation Web site at http://www.rbrc.org/consumer/program.html#top.

Here is a quick overview of requirements.

Households may no longer dispose of their universal waste fluorescent lamps, batteries, and mercury thermostats to the trash as of February 8, 2006.

The "25-tube-per-day" fluorescent lamp disposal policy for businesses was rescinded when the new universal waste rule became effective on February 8, 2002.

In brief, a Conditionally Exempt Small Quantity Universal Waste Generator (defined in Title 22, California Code of Regulations section 66273.9) is a person or company that generates no more than 220 pounds (100 kg) of total universal waste and federally-regulated (RCRA) hazardous waste or 1 kg of acutely hazardous waste per month (excluding CRTs). Please read the regulations for the complete definition.

Compressed gas cylinder management is discussed in 22CCR 66261.7(l). If the pressure inside approaches atmospheric pressure, they are not regulated as hazardous wastes, although cutting into them without proper care can lead to an explosion --- especially if the residual gas is flammable. Scrap metal dealers may, at their option, accept them. If the valve is damaged so that it cannot be determined whether they contain gases or not, they should be assumed to be hazardous.

It is called “universal” waste because everyone produces it. “It” here, means products that are really useful in everyday life but, if dealt with improperly after you are done with them, could hurt the environment.  We’re talking batteries, fluorescent tubes, electronic waste (from your cell phone through your old computer monitor), small electronic appliances, and that thermometer that’s been in your medicine cabinet for decades.

We all used to throw those things away but that’s why we find so many toxic metals in our drinking and surface water. Now, you have to make sure that you take your universal waste to a place that will deal with it safely. A lot of household hazardous waste collection places accept universal wastes in small quantities. So do various companies and organizations. CalRecycle, the agency that handles the non-hazardous landfills and a lot of recycling issues, has information on its Web site about organizations and companies that collect universal wastes. Go to the CalRecycle.

Also, if you are a retailer thinking about collecting universal waste, you really need to check into the DTSC/CalRecycle "Take It Back Parthership." Look for the logo on DTSC's home page, or follow the link in the art below.     

I am curious about those neat digital picture frames you see now that display a number of digital photos in a loop. With the new restrictions on selling products containing certain metals now banned by the European Union, will I still be able to find and buy these digital frames? Yes, you will still be able to purchase those photo frames because they are not among those that we have identified as covered electronic devices subject to the Electronic Waste Recycling Act. You’re talking about whether the Restrictions on the use of certain Hazardous Substances, or RoHS, apply to those frames that show one photo or a whole slide show of digital images. For those not in the know, the RoHS area is a bit complicated. Basically, State law says that DTSC has to write regulations prohibiting the sale of certain electronic devices found to contain heavy metals lead, mercury, cadmium, and hexavalent chromium. Because of the way the laws are written, the RoHS is limited to the following products that measure more than four inches diagonally: 1. Cathode ray tube-containing devices (CRT devices) 2. Cathode ray tubes (CRTs) 3. Computer monitors containing cathode ray tubes 4. Laptop computers with liquid crystal display (LCD) 5. LCD-containing desktop 6. Televisions containing cathode ray tubes 7. Televisions containing (LCD) screens 8. Plasma televisions Our Electronic Hazardous Waste (E-Waste) Web page has much more information on the subject of RoHS. The whole point, of course, is to keep toxic metals from finding their way into groundwater – using the CRT example, in a landfill the lead in the glass would literally dissolve out of the glass and could eventually find its way to groundwater. That is why the regulations require special handling, including identifying landfills that can take electronic devices without letting the heavy metals escape into the environment. It’s easy to see how one might consider a 5 x 7 digital picture frame as falling into that category, but one would be wrong. That’s because the law also required DTSC to be more specific about naming those devices, and DTSC has tested a number of them to verify that they should be covered. We haven’t tested the picture frames and, therefore, haven’t included them in the regulations as a “covered electronic device.” You will continue to see the frames in stores!

Health and Safety Code Section 25201.16, effective January 1, 2002, has expanded Universal Wastes to include aerosol cans and describes their management. In particular, onsite puncturing and draining of aerosol cans does not require a permit or other authorization if carried out according to Subsection (h), provided notice is given to the CUPA or equivalent before such work begins. Offsite treatment still requires a permit.

In California, the California Air Resources Board and the Regional Air Quality Management Districts or Local Air Pollution Control Districts regulate the removal of Asbestos-Containing Materials, or ACM. For a general background on asbestos-containing material, follow this link to the California Air Resources Control Board's Asbestos web pages. Some districts allow homeowners to remove small amounts of ACM from their own residences without a permit as long as they follow correct practices. For larger amounts, a certified asbestos removal contractor is required. Call your Regional Air Quality Management District (AQMD) for information on rules applicable to your area.

No to both.

See the yellow pages under "Asbestos Abatement Contractors." All contractors must have a license and certification by the Contractors State Licensing Board, look for CAL OSHA certified consultants and contractors.

Check in the yellow pages under "Laboratories, Analytical" and "Asbestos Abatement and Removal Services" for certified labs. If none are listed in your local directory, check with your local Air Quality Management District for advice.

A landfill must have special authorization to accept asbestos containing materials. There are also special packaging requirements, and a hazardous waste manifest is required for transportation. Call your local landfill or County Solid Waste Department, or contact your regional water quality control board for information about landfills in your area. CalRecycle has a searchable list of landfills and their specifications on their Web site at the Solid Waste Information System (SWIS) Database.

If transite pipe is not to be broken or crushed, and is not friable, it is not a hazardous waste. However, it still may be regulated as an asbestos containing material by your local Air Quality Management District and disposal site. Call them for disposal options and requirements. Check CalRecycle's searchable list of landfills and their specifications on their Web site at the Solid Waste Information System (SWIS) Database.

Newly discovered asbestos containing material should be left in place until the local Air Quality Management District is notified and, if necessary, an abatement permit issued. Depending on the type, amount and composition of the material, an abatement contractor may have to be hired to remove it.

The U.S. Environmental Protection Agency's Asbestos Web site provides some excellent literature discussing this question. The Agency for Toxic Substances and Disease Registry (ASTDR) webpage also has a fact sheet on asbestos. The Contractor's State Licensing Board will mail you a free booklet explaining asbestos use in building materials. Follow the link above or call 1-800-321-2752. Keep in mind that intact asbestos containing material on homes is not subject to hazardous waste regulations until it has been removed or the house has been demolished.

Asbestos Containing Materials (ACM) is regulated by DTSC only when it is a hazardous waste. That aspect will be discussed first, and links to various agencies for other questions are provided thereafter.

The DTSC Asbestos Fact Sheet describes in some detail how to determine whether the material is a hazardous waste and the requirements for handling, transport, and disposal if it is. Friable, finely divided, and powdered wastes containing more than 1 percent asbestos are classified as hazardous wastes in California. Such solid materials as transite are not so classified because the fibers are well-bonded into the structure unless cutting or grinding has occurred, or the surface has weathered and become powdery. Wetting asbestos for purposes of handling or transportation is not regarded as treatment.

It depends on the asbestos content. Check with the local AQMD.

Check with your local Air Quality Management District for the regulations in your area. If it is to be disposed of, you must make a hazardous waste determination.

Friable asbestos material means any material containing more than 1percent asbestos, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.  Asbestos containing materials that are not classified as friable may be made friable by fires, demolition and other renovation activities.

For health questions, contact your County Department of Health Services, the Environmental Health Unit if there is one. Also check this link to the California Air Resources Control Board's Asbestos web pages.

For general information, including abatement issues, contact your local Air Pollution Control District or Regional Air Quality Management District; your County Department of Health Services may also provide information through an Environmental Health unit. This should be done before any material is disturbed. Note that all contractors must be licensed by the Contractors State License Board; those doing asbestos (and lead)abatement must have special training and be registered with Cal/OSHA, the California Occupational Safety and Health Administration, a part of the Department of Industrial Relations.

U.S. EPA has extensive information about asbestos. Federal regulation through the Toxic Substances Control Act (TSCA), maybe found at 40CFR 763. Note, however, that California's regulation of hazardous waste may be more stringent than EPA's. California statutes relating to asbestos use in buildings can be found in HSC Division 20, Chapters 10.3 through 10.6 HSC 25910-25999. Local Air Quality Management districts also develop their own regional rules that may differ from district to district.

Not all asbestos needs to be removed from homes or the workplace to make them safely habitable. It can often be encapsulated in a way that will keep the fibers from escaping. Information about this may be obtained from the Environmental Health Unit of your County Department of Health Services, your local air district, or from your city or county's Department of Building and Safety. Cal/OSHA, a part of the California Department of Industrial Relations, regulates safety in the workplace.

Call the facility first.

Admittedly, this can be a confusing issue. It is important to remember that DTSC registers businesses, not vehicles, as hazardous waste transporters. The California Highway Patrol writes and enforces the regulations that govern hazardous waste endorsement, although the Department of Motor Vehicles conducts the testing and ultimately issues the license.

Here’s the rule of thumb to follow: If you are not required to placard the vehicle for the specific load being transported, then the driver does not need a hazardous materials endorsement. If you are still uncertain, contact the Hazardous Materials Unit of the California Highway Patrol at 916-445-1865.

   Lead gets into water after water leaves your local treatment plant or well. The source of lead in your home's water is most likely corrosion of the pipes or solder in your home's own plumbing. Corrosion results from a reaction between the water and the plumbing parts. Dissolved oxygen, low pH (acidity) and low mineral content in water are common causes of corrosion. One factor that increases corrosion is the practice of grounding electrical equipment (such as telephones) to water pipes. Any electric current traveling through the ground wire will accelerate the corrosion of lead in pipes. Eliminating the lead content in your home plumbing is an effective control of lead in drinking or cooking water.

I am having some trouble figuring out what exactly to label, etc., for perchlorate. I know that the threshold concentration limit in the regulations is 6 parts per billion. Do I calculate that based on just the battery or on the device that contains the battery.

You calculate the 6 ppb on a mass basis – in other words, the weight of the perchlorate ion divided by the weight of the battery or, if the battery is in a device, the weight of the device. If you can’t tell how much the perchlorate ion weighs, a conservative approach is to take the weight of the perchlorate compound found in the Material Data Safety Sheet (perhaps more familiarly, MSDS) to calculate the perchlorate concentration of the item.

Let’s take it to what might appear to be an extreme: if you have a hotel that has doors that have keyless locks that operate with perchlorate containing batteries, you would divide the weight of the perchlorate item by the weight of the hotel.

And who says regulations can’t be fun? Seriously, you benefit most by thinking about pollution prevention first when dealing with batteries and other items containing perchlorate (so true with all hazardous waste). Batteries are a way of life, we know that. But if you think ahead and manage the batteries themselves instead of the devices they power, you will save yourself a lot of math problems.

Waste oil-base paints are hazardous wastes when they are disposed of because of the ignitable and toxic solvents they contain. There may be other reasons as well, such as heavy metals like chromium, lead and zinc in their pigments. Specialty coatings such as urethanes, epoxy, and resins are hazardous in liquid form due to the toxicity of uncured resins and epoxies.

Aerosol spray paint cans, however, are not considered hazardous as long as they have been completely emptied. But if there is still paint and pressure inside, they must be handled as hazardous waste, due to both the paint and the flammable pressurized gas.

Most of us have heard of the hazards of lead-based paint, especially to children young enough to eat chips of it or chew on painted surfaces. For more information about lead hazards, check the Department of Health Services Childhood Lead Poisoning Prevention Branch webpage. When the paint has been removed from wood or other surfaces, the chips, powder or other forms that it may be in must be treated as hazardous waste. Lead-painted items from demolition or remodeling are another concern, but requirements are not quite so simple. They will be addressed in a later FAQ.

In 1991, the California State Legislature addressed the problem of environmental contamination by the irresponsible disposal of liquid latex paint by enacting Article 10.7 of Chapter 6.5 of Division 20 of the California Health and Safety Code. It defines "recyclable latex paint" as any water-based latex paint, still in liquid form, that is transferred to be recycled. You may not dispose of liquid latex paint, or even try to do so, to the land or the waters of the state.

The best way to get rid of latex paint is to use it up in the manner that it was intended. Spreading latex paint for the purposes of drying and disposing of it is not permitted. If you have paint left over from your job that is still usable, someone else might be able to use it. Sometimes the "someone else" is a neighbor, sometimes a public-service club or organization, such as Graffiti-Busters, church, schools, theater, or youth groups, low-income housing organizations, etc. They usually need to have at least gallon of paint in good condition; however, this could be one gallon left out of a five-gallon can.

If this is not feasible, recycling is the answer --- getting the paint back to a company that will combine it with similar paints and other ingredients to give it new life as a serviceable new paint. Household hazardous waste collection events (temporary) or centers (permanent) are open to people who generate hazardous waste at their homes and, in some cases, to CESQGs(Conditionally Exempt Small-Quantity Generators --- businesses that generate less than 220 pounds of federally-regulated hazardous waste per month).In particular, these collections accept recyclable paints, as well as all other types of paint and paint products that are no longer to be used. There are also recycle-only events, which may accept useable latex paint, used motor oil and oil filters, antifreeze, vehicle and household batteries, and fluorescent and HID lamps. Information for finding locations and times of operation can be found by calling 1-800-CLEANUP (1-800-253-2687) or by contacting your sanitation or public works department. If you are interested in using recycled latex paint, check the CalRecycle Web site's on recycled latex paint.

Although latex paints pose much less risk to the environment than they did some years ago, individual types may still be hazardous, so the best plan is to treat all paint as hazardous. Compounds used in the formulation of some latex paint can cause it to be toxic to many aquatic organisms. Since most storm drains drain to streams, rivers, bays and the ocean, dumping excess latex paint into storm drains or rinsing painting equipment into the gutter or storm drain is prohibited. We all know that groundwater needs to be protected from contamination, but danger to fish and other water life is an important consideration too. Older paint may have lead or other metals in the coloring (pigments), and chemicals that are added to prevent mildew frequently make paint products hazardous. Residual organic compounds(solvents) could also be a threat. When you need to rinse brushes and painting equipment, either do it in the sink or in a basin that can capture the rinse water, so that you can dispose of it to the sanitary sewer (sink or toilet). Sanitary sewer systems can digest latex rinse water into harmless products. Do not, however, pour undiluted latex paint into the sanitary sewer. It is not allowed by law, and can cause plumbing problems.

Also, are the wastes with greater than 350 ppm lead now hazardous wastes?

This statute,(HSC 25157.8 (from AB 2784, Strom-Martin, 1998),  affects all types of wastes, including, but not limited to, those from lead abatement projects, soil from excavations, and demolition debris. According to the statute, wastes with total lead greater than 350ppm disposed of in California must be disposed of at a Class 1 hazardous waste landfill, or at other landfills that have specific permits to accept these wastes. However, the wastes are not classed as hazardous wastes unless for another reason. The California hazardous waste threshold for total lead is 1,000 ppm and the soluble threshold concentration (STLC) for lead is 5 ppm. If the total and soluble lead levels are below these threshold concentrations, it is not a hazardous waste in California. Therefore, you do not need to use a hazardous waste manifest or registered hazardous waste transporter when transporting the waste if the only hazard is that it contains lead at greater than 350 ppm but less than 1,000 ppm (mg/kg).

Maybe. The total threshold limit for lead is 1,000 parts per million (ppm). If your waste contains less than 1,000 ppm lead total concentration, you do may not have to dispose of it in a Class I hazardous waste landfill. If your lead contains greater than 50 ppm lead (total concentration), you must determine if the waste is hazardous waste due to the soluble concentration of lead in the waste.“What?” you ask, “Is this new?”  Yes.

The reason for some confusion about metal-contaminated waste is that, on January 1, 1999, a law went into effect putting several restrictions on the disposal of copper, nickel, and, of particular interest to you, lead-containing waste.  It said that you had to dispose any waste having more than 350 parts per million of lead to a full-blown hazardous waste landfill (very expensive) or to one of the “in between” landfills (we call them Class II) that is specifically permitted to take lead-containing waste.  That left you with having to deal with non-hazardous waste – lead concentrations between 350 and 1,000 ppm – as hazardous waste! 

But that law had what we call a “sunset”, a date after which it is no longer effective unless the Legislature acts to make it continue on.  The “sunset” on this law passed on July 1, and the Legislature did not act. 

Therefore, if you have soil, let’s say, with levels of lead less than 1,000 ppmand the soil does not exceed any of the other criteria for a hazardous waste, you can take it to any non-hazardous waste disposal facility that’s allowed to accept lead (and not all are, but that’s a separate discussion). 

If you are one of those with an unquenchable desire to read statutes, see Health and Safety Code section 25157.8.

There are many agencies that specialize in the topic of lead safety--- especially with respect to lead paint in the home. County Departments of Health Services frequently have such units. Ask if your County has a Lead Poisoning Prevention Program.

California has its Childhood Lead Poisoning Prevention Program, and U.S. EPA has its Lead Programs, with links to other sites. All building contractors must be licensed by the California Contractors State License Board; those doing lead abatement must also have special certification from the California Department of Health Services and be registered with Cal/OSHA,a part of the Department of Industrial Relations.

Will it make me, my kids, or my pets sick? How do I get rid of it?

Even though mold may be toxic, we at DTSC dont have anything to do with mold, toxic or otherwise.  But because we get the question fairly often, here are some resources that may be of use to you. The lead agency for mold-related issues is the California Department of Health Services (DHS). They have a good, short fact sheet to get you started, Mold in My Home. What Do I Do? You can find even more information about how to hire a mold inspector & contractor on the DHS Web site, in English y Español. Since they are the experts, well let them tell you whats what with mold.

With the new perchlorate best management practices, if we have a piece of equipment that uses lithium batteries, do we have to label the end product?

The short answer is yes. The perchlorate regulations for California require that product manufacturers, or product distributors, who bring products into California label those products to inform consumers of the perchlorate content and where additional information can be found. The 6 parts-per-billion threshold applies to any product that contains perchlorate or a perchlorate device – so you have to label perchlorate-containing batteries and any product that contains those batteries. For example, a coin-cell, lithium-manganese dioxide battery containing perchlorate is considered to be a “consumer good” or commodity, and subject to the labeling requirements for perchlorate materials, as would be the product that runs off that battery (if the battery is included with the end product). You have options for labeling, though. One option is to use a Material Safety Data Sheet (known by its familiar acronym, MSDS), the shipping documents themselves, or a package insert. The packing insert can be a product flyer (a separate sheet included with the instructions), the product manual, or a sticker. 

For those curious about the chemistry behind why it is that the batteries have perchlorate, lithium battery types include lithium-manganese dioxide, lithium-sulfur dioxide, and lithium-thionyl chloride. The anode is made of lithium and the cathode is made of manganese dioxide, or sulfur dioxide, or thionyl chloride. The electrolyte of the lithium-manganese dioxide battery is made out of an organic solvent, propylene carbonate and 1,2 dimethoxyethane, which is a solution of lithium perchlorate. Basically, it makes the batteries work better.

See your physician

The local agency for pesticide information and regulation is the County Agriculture Commission. Call your County Agriculture Commissioner - See the Government pages in the Phone Book, or follow this link to a list maintained by the Department of Pesticide Regulation (DPR). DPR has over-all responsibility for the registration and proper use of pesticides in California, including licensing of applicators. Call the DPR at (916) 445-4300 or follow this link to the DPR site.

As a result of SB 2111 (Costa, 1998, HSC25143.13, those who have waste photo fixer still generate a hazardous waste, but the state does not require them to obtain EPA ID numbers if they generate less than 100 kilograms (about 27 gallons) of waste per month and store less than 1000 kilograms (270 gallons), provided the waste is hazardous only because of silver, this is the only hazardous waste produced, and the waste is recycled. There is no maximum time for which this waste may be held. Whether the local agency will require fees and Hazardous Materials Management Plans is up to that local jurisdiction (the CUPA or the Participating Agency). Waste photo fixer may NOT be disposed of "down the drain". For more information on silver waste, see the Duty Officer Fact Sheet Dental, Medical and Veterinary Offices - Managing Your Hazardous Waste.

The Department of Toxic Substances Control does not deal with radon. Information about this topic can be found at the Radiologic Health Branch of the California Department of Health Services, as well as at the U.S.EPA.

The Department does not publish, nor use, generic soil clean-up levels for contaminated sites. Because each site is unique, cleanup levels must be calculated for each site through a risk assessment, which takes into account the types of toxic materials at each site, the potential receptors, the pathways that the toxic compounds might follow to get to the receptors and their fate in the environment. The process begins with a Preliminary Endangerment Assessment (PEA), which may be followed by a health risk assessment, depending on the findings of the PEA. You may request a copy of the PEA manual from your local DTSC Regional Office (PDF map)The U.S. EPA often uses Preliminary Remediation Goals (PRGs) and Soil Screening Guidance as site screening tools. With the prior approval of the DTSC project manager, PRGs have been used on some specific sites in California. They are not routinely used as screening levels in California.

I know fireworks are dangerous under the best of circumstances. I also know that they contain perchlorate that can get into drinking water. I want to do the right thing, but I can’t find a facility that will take fireworks for disposal. Can you help?

Unfortunately, for the short-term, there are no facilities in California authorized to dispose of these wastes. We have created a table of hazardous waste management facilities in the U.S. that are authorized to accept fireworks and other reactive wastes. To address the issue of seized illegal fireworks, the Office of State Fire Marshal is getting funding for four mobile fireworks treatment units that will destroy the fireworks collected by local government agencies. However, this technology is in the development phase and we don’t expect that they will become operational until 2008.

 The fireworks eligible to be treated in the mobile units will be restricted to Department of Transportation Hazard Class 1.4 (explosives with no significant blast hazard). DTSC is in the process of developing streamlined Permit By Rule regulations, to be released to coincide with the roll-out of the mobile treatment units. To give you some idea of how we’re envisioning fireworks treatment working, it starts with the mobile unit going near the location fireworks cache to avoid having truckloads of skyrockets and M-80s on California’s freeways. Once the fireworks are treated (essentially, torched off in a blast chamber type device), the operators will collect and package the ash and debris. If the “residues” are hazardous because of heavy metals or perchlorate, they will go to a permitted hazardous waste facility.

As always in developing regulations, DTSC will open a 45-day public comment period on the draft regulations. You can sign up to receive notice of all DTSC rulemakings, or keep an eye on that Web page for a fireworks-specific listserv distribution list.

The factors that contribute to the decision of what the cleanup levels will be at a site include looking at what is contaminated (for example, soil or water), the present and future land use of the property (local land use zoning), and the risk posed by the contaminants to human health and the environment (using a risk assessment model).  

Your local Planning Department should be able to assist in identifying hazardous substance release sites in the vicinity of your property. Check the Government section in the white pages of your phone directory.

Most local Planning Departments have a copy of the "Hazardous Waste and Substance Sites List" (also known as the "Cortese List"). This list is created pursuant to California Government Code section 65962.5 and contains a list of known or potentially contaminated sites provided to the California Environmental Protection Agency by the California Department of Toxic Substances Control, Department of Health Services, Water Resources Control Board, and the CalRecycles. Planning departments and agencies use this list during their California Environmental Quality Act (CEQA) evaluation of the potential impacts of siting projects near hazardous waste sites.

DTSC maintains a record of known and potential hazardous substance release sites under its jurisdiction within the EnviroStor database. Sites that meet the requirements of Health and Safety Code section 25356 are included on the Hazardous Waste and Substances Site List (Cortese). DTSC also maintains a list of properties with land use restrictions entered into with DTSC. For more information, contact the EnviroStor help desk at (916) 323-3400 or EnviroStor@dtsc.ca.gov.

Many realtors have access to services that search various databases for such information. Typically, the service will list all hazardous waste or substance sites within a selected radius of the specified property. Look for "Environmental Reporting" on the web.

Many times, callers contact a specific DTSC regional office to get records relating to hazardous waste handlers. With very few exceptions, manifest copies are the only information DTSC has about hazardous waste generators [available from the Manifest Unit, (916) 324-0710]. The local CUPA (Certified Unified Program Agency) conducts generator inspections, which include Tiered-Permit matters.

As for hazardous waste site and facility files, each Regional Office maintains its own file room containing files for sites in their region. There is no "central" departmental file room containing all records. You may review any non-confidential file, but we ask for advance notice so that staff members have time to examine the file for completeness and non-confidentiality (for example, trade secrets are protected). To request access to files, mail or fax a short letter to "Public Records Coordinator," at the appropriate DTSC Regional Office (PDF map). The file room staff and Regulatory Assistance Officers can assist you in determining in which office a particular site file might be housed. In your request letter, describe an identifiable record, stating the facility's name and site address. If you wish to see a specific document or report, providing its name or a brief description can facilitate a faster response. Be sure to include your name, address, and telephone number. DTSC has a legal obligation to respond to your request within 10 working days after the File Room receives your request.

Although you cannot remove any records from the office, you may obtain a copy of any record not exempt from disclosure. If you wish the file room to provide copies, there is a charge of 15 cents per page. However, we cannot provide copies of more than 50 pages. If you need more, you must provide your own portable copy machine or arrange to have a copy service come in to do it for you.

Note that the file rooms do not stock Department publications. The Regional Regulatory Assistance Officers can probably help you, but they do not stock everything – you may have to order publications from DTSC Headquarters. Newer publications will be made available in various sections of this site on a continuous basis.

You can also review records for public comment on proposed regulations or other proposed actions by DTSC during the appropriate time period on a walk-in basis during normal business hours. Instructions about the locations and availability of the records are given on the public notice for the action. Public notices are posted in local newspapers and on this site at Public Notices.

The statute found in HSC25157.8 (AB2784, chaptered 8/21/98) prohibits land disposal of any waste with total concentration of more than 350 ppm total lead,2,500 ppm total copper, and/or 2,000 ppm nickel in any place other than a Class 1 landfill unless the facility has been approved as described therein for such purpose. The limit concentrations of copper (2,500 ppm) and nickel(2,000 ppm) given are the hazardous waste levels, but the limit concentration of total lead given in the law (350 ppm) is below the hazardous waste level for total lead (1,000 ppm). Therefore, you can have a waste that is not hazardous, yet still has disposal restrictions. Keep in mind that if your waste fails the California Waste Extraction Test (WET) by exceeding the Soluble Threshold Limit Concentration (STLC) for lead of 5 ppm, it is a hazardous waste in California.

The Statute AB2784 is only effective until July 1, 2006. After this date lead waste that passes the WET and has a total lead of less than 1000 ppm can go to a landfill that is permitted to accept it.

I’m afraid that you’re stuck with the responsibility of getting rid of it. The law says that the generator is the person or producer whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation.

Those who left the drums of hazardous waste on the property could be considered co-generators, but this assumes that you know who they are and that they left the drums there (as opposed to some illegal dumper). You, as the new property owner, need to properly manage hazardous waste drums on your property even if the drums were left or abandoned on the property.

Our reference table fact sheet, “Closure Requirements for Generators and Tiered Permitting Facilities,” is a good place to start, but we’ll go over the basics for you here.  We’ll go from the simplest to the more complex.   

Small quantity generator storing waste in containers. If this is you, follow the closure requirements specified by the local agency or Certified Unified Program Agency (CUPA), as well as any requirements included in your hazardous materials business plan. The local County Environmental Health Department or CUPA will also coordinate your closure inspection. You can find a listing of local agencies on our Web site.

Your local agency closure requirements will probably fall under Article 80 of the Uniform Fire Code:

Section 8001.13.3 PLAN. The permit holder or applicant shall submit a plan to the fire department to terminate storage, dispensing, handling or use of hazardous materials at least 30 days prior to facility or storage/use system closure. The plan shall demonstrate that hazardous materials, which were stored, dispensed, handled or used in the facility, have been transported, disposed of or reused in a manner that eliminates the need for further maintenance and any threat to public health and safety. Such plan shall be submitted in accordance with Section 8001.3.1.

To give you a taste of local agency closure guidance, take a look at the City of Santa Clara Fire Department closure guidance. 

Other small quantity generators.  A hazardous waste generator who only accumulates waste for 90 days or less and who is going through closure has to follow the requirements in the California Code of Regulations (CCR), Title 22, Section 66262.34(a)(1), but see also 66262.34(d). Actual closure requirements are given in 66265.111 and 66265.114.

Generator storing waste in tanks. If you stored hazardous waste in tanks, then Section 66262.34(a)(1) guides you to the closure requirements in Title 22, Sections 66265.111 and 66265.114. See also 66262.34(d). Actual closure requirements are given at 66265.111 and 66265.114.

Permitted hazardous waste treatment facility.  If you operated under a hazardous waste treatment permit, you first have to know exactly what type of permit you have. Then go to Health and Safety Code (HSC) Section 25201.5 or Section 25200.2 to find out the requirements that apply to you. 

Also, if you are closing your hazardous waste units or facility, you probably will not need an EPA ID number.

The state's Regional Water Quality Control Boards (RWQCB) have the authority to oversee the cleanup of releases that impact or could impact surface water or groundwater. The regional boards usually authorize local agencies (CUPAs, county health departments, etc.) to oversee cleanup of fuel spills and leaking underground storage tanks. They use general screening levels for groundwater remediation that depend somewhat on the particular basin involved; for the soils involved, they combine DTSC and U.S. EPA techniques. For more information, contact the appropriate regional board. For a list of the California regional boards and their contact numbers, follow this link to the RWQCBs.

The California Department of Fish and Game and the United States Coast Guard respond to oil spills in navigable waters (ocean, bays, rivers). If you witness an oil spill or oil slick in any California waters, call:

Contact	Phone Numbers
West Coast Oil Spill Hot-Line	800-OILS-911 (800-645-7911)
Department of Fish and Game CalTIP	888-DFG-CALTip (916-334-2258)
U.S. Coast Guard National Response Center	800-424-8802

We are a Small Quantity Generator (SQG) of non-RCRA hazardous waste producing less than 1,000 kg or 2,200 pounds per month. Do we need to change our registration category to a Large Quantity Generator for one or two pick ups at the end of the year of more than 1,000 kg or 2,200 pounds per month if our yearly total is still less than 12,000 kg or 26,400 lbs?

If you generate more than 2,200 pounds (The regulations say 1,000 kilograms, so that’s how we’ll refer to it) of all hazardous waste in a month, but only do so very occasionally (as in an end-of-year cleanup), then you are an episodic generator. For an episodic generator, the amount of waste leaving during any month is irrelevant as long as you comply with the limits on accumulation time. DTSC does not require episodic generators to follow the regulatory requirements for a Large Quantity Generator (LQG) throughout the entire year if they only generate greater than 1,000 kilograms for one or two months out of the entire year.  However, for the "month" that you do generate more than 1,000 kilograms you must follow the requirements for an LQG for that month.  After you ship the waste that month off site, you can revert to your normal SQG management standards.

On the other hand, if you generate more than 1,000 kilograms per month frequently, you do need to follow LQG standards all the time: contingency plan, training, etc. And you will need to be careful to not exceed the time limits on storing the waste.

For more information on these requirements go to our fact sheet, “Accumulating Hazardous Wastes at Generator Sites.” You will also find useful information in our, “Hazardous Waste Accumulation Time for Generators,” fact sheet.  For a complete and comprehensive review, look at, “Hazardous Waste Generator Requirements.”  

Yes, in California, generators of mixed waste must manage those wastes in accordance with all applicable hazardous waste requirements. 

In 2001, U.S. EPA adopted regulations providing a conditional exemption from the definition of hazardous waste in 40 CFR 261.3. This exemption is located in 40 CFR part 266, subpart N. Under these regulations mixed wastes are not federally regulated as hazardous wastes provided the conditions of the exemption are met. However, these mixed wastes are regulated as hazardous wastes when first generated and until they are placed into accumulation and meet the conditions of the exemption. In addition, these wastes again become subject to RCRA regulation ("return" to RCA" regulation) after decay-in-storage such that the wastes are no longer mixed wastes (i.e., are no longer low level radioactive wastes). [see 66 FR 27236]. In other words, the mixed wastes are only conditionally exempt from regulation as hazardous wastes under the RCRA regulations as long as they: 1) are mixed wastes, and 2) are managed in accordance with the exemption (i.e., essentially, per the corresponding NRC license agreement). 

California, an authorized state under RCRA, has not adopted regulations conditionally exempting mixed wastes from regulation as hazardous wastes. Therefore, in California mixed wastes remain subject to dual regulation as hazardous wastes and as low level radioactive wastes (I.e., They are regulated by both DTSC and by NRC/DHS). Generators of mixed waste are subject to all applicable requirements in Chapter 12, of Title 22 of the California Code of Regulations (22 CCR). Generators of mixed wastes who desire to (or must) store their mixed wastes for time periods longer than that allowed under 22 CCR 66262.34 must obtain hazardous waste facility permits, variances, or extensions in order to do so legally. If, except for the federal exemption discussed above, the mixed waste would be regulated as a hazardous waste under RCRA's implementing regulations, then the mixed waste would be a "RCRA hazardous waste" in California. Otherwise, the mixed waste would be a non-RCRA hazardous waste in California.  

If you manage (generate, transport, store or treat or dispose of) hazardous waste in California, you must follow California regulations. In 1991, the U.S. EPA authorized the State of California to implement the federal Resource Conservation and Recovery Act (RCRA) in this state. The authorization was based on the determination that California's Title 22, Division 4.5, incorporates that portion of Title 40 of the Code of Federal Regulations (40 CFR) which contains the federal hazardous waste regulations (RCRA regulations). In fact, the California program is more stringent in many respects. By following the California regulations, you are also following the federal regulations.

In the case of new federal regulations that have not yet been adopted by California, check with your Regional Duty Officer for the status of the regulation.

A Federal Employer ID Number (FEIN) identifies a business entity. This number is also referred to as a Federal Tax ID Number. Generally, all businesses need an FEIN. Many one-person businesses use their Social Security Number as their FEIN. You can find additional information about Federal Employer ID Numbers on the IRS website.

When you have a change of address you need to re-notify DTSC with the updated information. You need to do this 30 days prior to you accepting e-waste, even if you already notified before. I

f you originally notified on paper, then you can either re-notify the same way, or now, since we have on-line notification you can set up an account (if you didn't before) and notify that way.

Here is the direct link to the notification section: http://www.dtsc.ca.gov/database/UWED/index.cfm
Here's a link to the main page also: http://www.dtsc.ca.gov/HazardousWaste/ewaste/index.cfm

This depends on the rate of your generation of waste and how much you have on your site at any one time. See the Duty Officer Fact Sheet "Hazardous Waste Accumulation Time for Generators."

I have a few containers with soil we collected in doing a site investigation. We’re waiting to hear back from the lab on what it is. How should I handle it?

The term of art here is, “investigation derived media.” As long as it meets the regulatory requirements for a “Sample” (found in California Code of Regulations, Title 22, section 66261.4(d), “Exclusions” [scroll to page eight]) and is waiting analysis for a waste determination, whether it is soil, boring cores, cuttings, or whatever it is, you will want to put it in a drum and label it like this:

If you already know that the soil is a hazardous waste you will want to place a Hazardous Waste label on the drum immediately. 

As long as we’re on the subject, let’s go to the next step. If your sample results show that the waste is hazardous, then you know what to do – label it immediately, manifest it, arrange for a registered hazardous waste transporter, and make sure it goes to a permitted hazardous waste facility. But what if it isn’t hazardous?

If the soil (or whatever) in the drum comes back as non-hazardous, your contact with DTSC is done. BUT! Your Regional Water Quality Control Board may have some input on the site and the waste, so you should check with them. You should also check with your local agencies (Certified Unified Program Agency would be a good place to start) to find out if there are any ordinances about leaving drums on the property.

We know that laboratories turn samples around fairly quickly. But if the waste turns out to be non-hazardous and you don’t get around to moving it for a while, be advised that rusty drums with fading or missing labels attract the attention of property inspectors and real estate appraisers, and you may not want to go there.

Although it's best to deal directly with CUPA personnel, many of the forms are indeed online, including those for business activities and owner/operator identification, tanks or tiered permitting, recyclable materials reporting, and financial assurance certification.

According to the California Code of Regulations (CCR), Title 22, section 66262.34(d), if a facility/business generates less than 1000 kg/month of hazardous waste the accumulation start date begins the first day that the generator begins accumulating the hazardous waste onsite, and from that date the generator has 180 days, or 270 days if the distance to the treatment or disposal facility is more than 200 miles, to have the hazardous waste picked up and properly managed for treatment, recycling or disposal.

Hazardous waste generators of less than 100 kg/month of hazardous waste will be conditionally exempt under RCRA. So although the regulations state that the 90 day clock begins when a generator of less than 100 kg/month reaches the 100 kg limit, these generators can also use the 180/270 day time frame as section 66262.34(d) also applies to them as generators of less than 1000 kg/month.

If a facility/business generates greater than 1000 kilograms of hazardous waste per month, the accumulation start date begins the first day that the generator begins accumulating the hazardous waste onsite, and from that date the generator has 90 days to have the hazardous waste picked up and properly managed for recycling or disposal.

Hazardous wastes generated in a work area can be managed under requirements for satellite accumulation which will allow a generator to accumulate up to 55 gal of hazardous waste, for up to one year, which ever comes first, provided the requirements of Title 22, section 66262.34(e)(1) are met.

To review these regulations go to the California Code of Regulations (CCR), Title 22, at: http://www.calregs.com  

For more information on these requirements go to the Department of Toxic Substances Control (DTSC) fact sheet Accumulating Hazardous Wastes at Generator Sites at: http://www.dtsc.ca.gov/HazardousWaste/upload/HWM_FS_Accumulating_HazWaste_Generators.pdf  

Also Hazardous Waste Accumulation Time for Generators at: http://www.dtsc.ca.gov/HazardousWaste/upload/FS_OAD_Accumulation.pdf  

And Hazardous Waste Generator requirements at: http://www.dtsc.ca.gov/HazardousWaste/upload/HWM_FS_Generator_Requirements.pdf

(In reference to http://edocket.access.gpo.gov/2008/pdf/E8-24399.pdf)

Yes, DTSC is reviewing the current rule and evaluating its ability to fit into the current Hazardous Waste Control Law's structure.

No.

A Federal Employer ID Number (FEIN) identifies a business entity. This number is also referred to as a Federal Tax ID Number. Generally, all businesses need an FEIN. Many one-person businesses use their Social Security Number as their FEIN. You can find additional information about Federal Employer ID Numbers on the IRS website.

A Federal Employer ID Number (FEIN) identifies a business entity. This number is also referred to as a Federal Tax ID Number. Generally, all businesses need an FEIN. Many one-person businesses use their Social Security Number as their FEIN. You can find additional information about Federal Employer ID Numbers on the IRS website.

That’s an important distinction to make and understand, because the requirements for each are quite different. In this case, the regulations make the differences between the two pretty clear. We’ll direct you to the appropriate sections of the regulations below.

A tank is constructed primarily of wood, steel, concrete, plastic, etc., which can structurally support the hazardous waste that the tank is designed to hold. (The regs say, “nonearthen,” a word that doesn’t show up in many dictionaries – the point is that we’re not talking a big clay pot or adobe kiva here.) A tank is either fixed in place or cannot be moved when full. Sometimes you’ll see reference to a “tank system.” That means the tank itself, along with all of the plumbing, piping, pumps, and secondary containment that goes along with it. Secondary containment is usually some sort of berm around a tank atop a concrete pad that’s built high enough to hold all of what the tank can store – it’s a protection against bad stuff getting into the environment if for some reason the tank fails. 

A container is a portable device in which one can store, handle, treat or recycle, transport, or dispose of hazardous waste. Portable means that you can move it even when it is full.  You’ll note that our friend the “nonearthen” word doesn’t appear in here because containers can be made of anything that will hold the hazardous waste within, without blowing up, torching itself off, or encountering any other mishap resulting from close contact between chemicals and materials that aren’t compatible.

The California Code of Regulations (CCR), Title 22, section 66260.10, defines “tank”, “tank system” and “container.” 

You’ll find the regulatory requirements for tanks can be found in Title 22, Chapter 15, Article 10, Tank Systems, beginning with section 66265.190.

You’ll find the regulatory requirements for containers in Title 22, Chapter 15, Article 9, Use and Management of Containers, beginning with section 66265.170. 

To review these sections of the regulations go to the DTSC Web site and it’s user-friendly version of Title 22. Or, if you’re used to it and have learned how to navigate it, go to the site we all call “Calregs.”

Remember that you can always get answers from our Regulatory Assistance Officers at 1-800TOXIC, 1-800-728-6942. Be advised, though, that we’re only half-staffed at this time. Instead of our one- or two-day turn-around on voicemails, it could take a week, maybe a little more.

I have such trouble finding hazardous waste regulation citations. To start, in calregs.com, who would think to start in Social Security? Is there somewhere I can look where finding my way around is easier?

You have come to the right Web site! DTSC is responsible for Title 22 (as we tend to call it) or, as others refer to it, CCR (for California Code of Regulations), so we keep an unofficial copy updated on our Web site. We think you will find it easy to use because we have it broken down to sections with the section titles right there. You can scroll through the table to find the subject you are looking for. 

From our home page, click on Laws, Regs & Policies (left side, third item down). When you get to that page, you can click happily along on the jump links that take you down the page. Or, you can click on the graphic at the top that looks like the graph below to go straight to the table with all of the sections listed.

You also have the option of still going to the official Web site for all of the California Codes of Regulations if you'd prefer.

I just found out that I have to check the “Cortese List” to find out if a property I’m dealing with is on it.  What is that list and where can I find it?

If you are thinking about one actual, physical list, it doesn’t exist in that form.  Your best bet to find the Cortese List, also known as the Hazardous Waste and Substances Site List, is to look at the Cortese List page on Cal/EPA’s Web site.  Basically, the Cortese list page is set up such that it presents the actual wording of each of the subsections of Government Code Section 65962.5, followed by hyperlinks to more detailed description for each subsection of the kinds of information that is now electronically available, including links to those information resources.

It links to explanations of whether different items described in the Government Code are current, and does a good job of explaining which requirements are obsolete and why.  It then sends the viewer off to different databases (DTSC’s EnviroStor, the Water Board’s Geotracker, , etc.) to find whatever sites may be left. The explanation on the page will give those of you who are planners much more confidence when you check that GC65962.5 box.

I’m new to the field of hazardous waste, just having gotten a job as a company’s environmental manager? Where can I go to get up to speed on everything?

We can’t endorse any particular training outfit, but we can say that a great place to start is to look at our partnership with the California Community Colleges to offer the California Compliance School, a training program offered through out the State for hazardous waste generators. Either visit the Compliance School Web site or call Bakersfield College at 1-800-337-1422.

Also, the Regional Environmental Business Resource Center (REBRAC, for those of you who can’t get enough acronyms) offers a wide selection of training programs and training references on environmental issues. You can contact them at 1-800-344-3812.

The University of California Extension Program offers training programs on environmental and regulatory issues. 

Our federal counterpart, U.S. EPA, offers training in different aspects of environmental issues, as well, and has tons of information on its Web site. You can call them at (415) 947-4295.

If none of these get to what you need, check out related industrial and trade associations or look for independent environmental contractors who offer hazardous waste training. You can usually find a list of those contractors by checking the telephone book Yellow Pages under, “Environmental.”

Also, remember that our Web site has an easy-to-use, up-to-date Web page with all of our regulations and policies. You will find our California Code of Regulations, Title 22 very easy to find your way through. Just look for Laws, Regs & Policies in the left navigation bar.

If you regularly send off a RCRA waste that has a consistent composition to the same treatment, storage, recycler or disposal facility, a one-time Land Disposal Notification may be made to that facility. If the composition of the waste changes, or the waste is sent to a different facility, a new notification must be submitted. See 22CCR 66268.7(a). If a non-RCRA waste notification is required, it must be supplied with every shipment (unlike the federal requirement).

For RCRA waste, the requirements are the same as if the recycling facility were a treatment facility. Thus, the same provisions that allow a single notification on the initial shipment to a treatment facility (22CCR 66268.7(a)) apply to recycling facilities.

When RCRA waste is going for recycling, and that material has been exempted from a RCRA solid or hazardous waste category (for example, as in characteristic sludges being reclaimed), 22CCR 66268.7(a)(7)requires that documentation of the exemption be kept onsite. However, the waste may still be regulated in California. In that case, it would become a non-RCRA waste and subject to the requirements discussed in the first question of this section. If a non-RCRA waste notification is required, it must be supplied with every shipment (unlike the federal requirement).

If a non-RCRA waste is going to a recycler not located at a land disposal facility in California, no notification would be required.

We in San Diego are trying to determine what tier is legally allowed for rinsing containers of EHW (section 66261.110, phosphorus oxychloride is the chemical waste (very water reactive!).

Under this section §66261.7 Contaminated Containers.

(d) A container or an inner liner removed from a container that has held a material listed as an acute hazardous waste in Sections 261.31, 261.32, or 261.33 (e) Title 40 of the Federal Code of Regulations or a waste which is extremely hazardous pursuant to any of the criteria of Sections 66261.110, 66261.113, and Title 22, California Code of Regulations, Division 4.5, Chapter 11, Appendix X is empty if:

(1) The container or inner liner has been triple rinsed using a solvent capable of removing the waste and all pourable residues have been removed from the container or inner liner in accordance with subsection (b)(1) of this section. Triple rinsing activities shall require specific "authorization" from the Department unless subject to the provisions of Health and Safety Code Section 25143.2(c)(2); or

(2) The container or inner liner is cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal. Alternative methods to rinsing require prior approval by the Department.

We think it ( the EHW container rinsing) may be eligible under CESW tier, but the words specific "authorization" in 66261.7(d)(1), means to us a PBR or CA tier level, not the CE tiers §25201.5 (c)):

Any guidance on this question? We are thinking it is the CESW tier eligibility.

Its Conditionally Exempt-Specified Wastestreams (CESW). Section 66261.7 was not changed when DTSC gave authority to the CUPAs to authorize the lower permit tiers. CESW is the only lower permit tier that allows treatment of EH or reactive wastes. For more information on CESW go to:

http://www.dtsc.ca.gov/loader.cfm?url=/commonspot/security/getfile.cfm&pageid=65622  

Someone mentioned to me something about DTSC requiring an Annual Facility Report. Do I have to file it?

Most likely not. The Annual Facility Report only applies to the 133 California facilities holding treatment storage and disposal permits from DTSC. DTSC will mail the forms and information packets to permit holders in January. If you have any questions,  contact David Wright at 916-322-0584 or email him a t dwright1@dtsc.ca.gov.

Tiered permitting is a five-level hazardous waste treatment, storage and disposal (TSD) authorization program. The first three tiers are designed to regulate on-site treatment of hazardous waste. On-site treatment under these tiers is limited to relatively small amounts of waste with proven, low risk technologies. The onsite tiered permitting program is presently run by the CUPAs; your local agency can provide information, forms, and assistance. The fourth tier, or "Standardized Permit" is for off-site treatment or storage of wastes that would not require a federal permit, such as waste oil storage or precious metal recovery services. The final tier is that of a full treatment, storage or disposal (TSD) permit described in 22CCR 66270. For information on the Standardized and full permit tiers, contact the permitting unit of your regional DTSC office.

The type of permit you need depends on what you want to do.

Some time ago, DTSC established a five-tier hazardous waste permitting program in one of its earlier attempts to streamline permitting and make business life easier, all while still protecting human health and the environment. The five permitting tiers are:

1. Full Permit Tier – This is the least-used tier that includes two types of permits. The first is the RCRA-equivalent permit for wastes and activities regulated under the federal laws and regulations. The second is the California-only 'full' permit for managing wastes not covered under RCRA, but that are not eligible for one of the lower permit tiers. Here are some key documents for the full permit tier:

RCRA Part A Permit Application (EPA Form 8700-23)
U.S. EPA Part A Permit Application Instructions and Form Booklet
Permit Completeness Checklist Part 'B' Application Checklist for Full RCRA Permit

You will also find DTSC’s permit writer’s manual and other useful information on DTSC’s Web site.

2. Standardized Permit Tier –  This permit is for hazardous wastes and activities not regulated under RCRA but which California has found to be potentially harmful enough to regulate under Health and Safety Code section 25201.6. Typically, these include oil transfer stations, recyclers, and precious metal recovery operations. Look at the, “Permit Applicant Handbook for Full RCRA Equivalent Hazardous Waste Facility Permits,” for what you need to know to pursue getting a standardized permit. 

3. Permit-by-Rule (PBR) Tier –  This tier will be for you if all you do is treat specific waste streams of California-only waste on site. Some examples of those waste streams are concentrated metal, alkaline, and acidic wastes, and silver recovery. The, “Onsite Tiered Permitting Flowchart,” will help you negotiate your place in the Permit-By-Rule tier.  

4. Conditional Authorization (CA) Tier – This tier covers you if all you do is treat specific, California-only waste on site.  Examples of treatment processes covered under this tier are metal-bearing rinse waters and some neutralization. Read, “Fixed Treatment Unit Operating under Conditional Authorization,” for more information on the conditional authorization tier.

5. The Conditional Exemption (CE) Tier – This tier includes low risk wastes and processes such as oil/water separation, container rinsing, gravity settling, and some neutralization. The local County Environmental Health Department or Certified Unified Program Agency (CUPA) may issue the lower tier hazardous waste permits and ensure that you comply with those permits. You can find a listing of local agencies on our Web site. 

Since you will have to do an environmental assessment to get a lower-tier permit, you will need to use the, “Tiered Permitting Phase I Environmental Assessment Checklist,” and follow the checklist Instructions.

And, of course, you will need to get an EPA ID number.  

Here’s the part you’ve been waiting for, the legal and regulatory citations! A facility that treats, stores or disposes of hazardous waste as described in the Hazardous Waste Control Law, Health and Safety Code (HSC), Division 20, Chapter 6.5, will need to obtain a permit or have a grant of authorization from the Department of Toxic Substances Control (DTSC) to become a permitted Treatment, Storage, Disposal Facility (TSDF). Information on hazardous waste facility permits can be found in the California Health and Safety Code (HSC), Article 9, Section 25200, Permitting of Facilities, and in the California Code of Regulations (CCR), Title 22, Article 2, Permit Application, sections 66270.10 - 66270.29. DTSC’s fact sheet, “Hazardous Waste Facility Permits,” has more extensive citations and references.

These numbers can change every quarter, so you will need to verify what quarter these numbers apply to.

The Bureau of Economic Analysis, has posted the Table 1.1.9. Implicit Price Deflators for Gross Domestic Product.

There are no specific treatment standards for non-RCRA hazardous waste contaminated soil in California. The list of California restricted wastes can be found in 22CCR section 66268.29 and the treatment standards in 22CCR, Chapter 18, Article 11. There are also wastes that are prohibited from land disposal in California listed in 22CCR 66268.32 and 66268.100. Non-RCRA wastes not identified in the above sections have no LDR requirements pursuant to HSC 25179.6. Thus, the generator of those non-RCRA hazardous wastes not found in the above mentioned sections do not need to complete a LDR notification. Those in 22CCR 66268.29 or 66268.32 need to have a LDR notification if the destination facility is a land disposal facility in California (see 22CCR 66268.7(a)(3)(C) or (b)(6)&(b)(7)).

Stay away from it!!!

Call your local police or sheriff and the Hazardous Materials Unit of your County Environmental Health Department. If there is no Hazardous Materials Unit there, contact the County Emergency Response Unit or the County Fire Department.

If someone has dumped hazardous waste on your property, they have committed a crime, and the Police Department or other regulatory agency may need to collect evidence.

An answer depends on the circumstances:

If it's coming from your property, it's your problem. Call a plumber.

If it's from a neighbor's property, and they won't do anything about it, call your local Environmental Health Department. Follow this link to the County Contacts list.

If it's from property you are renting and your landlord won't do anything, call your local Environmental Health Department and your local Building & Safety or Codes & Enforcement Department (or equivalent).

If it's from public property, call your local (city or county) Sanitation Department or District, or your local Public Works Department; you may need to consult your local telephone directory's white pages, government section.

Call the California Department of Fish and Game's spill reporting number:

(888) DFG-CALTip (888)-334-2258).

For sewage leaks in areas served by a sewer system (not septic tanks), call the local (city or county) Sanitation District or Public Works Department (see your telephone directory's white pages, Government section).

 The 'hazmat' charges or fee that you refer to is actually an automotive environmental service fee administered under the Department of Consumer Affairs, Bureau of Automotive Repair (BAR). For more information on these requirements you can go to the BAR Web site.  We’ll go briefly through the regulations below.

According to Title 16, Professional and Vocational Regulations, Toxic Waste Disposal Costs, section 3356.1:       “An automotive repair dealer may charge a customer for costs associated with the handling, management and disposal of toxic wastes or hazardous substances under California or federal law which directly relate to the servicing or repair of the customer's vehicle. Such charge must be disclosed to the customer by being separately itemized on the estimate prepared pursuant to Section 9884.9(a) of the Business and Professions Code and on the invoice prepared pursuant to Section 9884.8 of the Business and Professions Code. In order to assess this charge, the automotive repair dealer must note on the estimate and invoice the station's Environmental Protection Agency identification number required by Section 262.12 of Title 40 of the Code of Federal Regulations."

What you see is that, under this section of the regulations, the automotive repair dealer must note on the estimate and invoice the business’ EPA I.D. number. So check your invoice and make sure the I.D. number is on the receipt. It also looks like the repair shop can charge you for hazardous substances and toxic wastes directly related to the service and repair of your vehicle. Generally, DTSC regulates such wastes as used oil, transmission and brake fluids, antifreeze, batteries, and solvent wastes, etc, as hazardous and, therefore, subject to that fee assessment. You can find out more about what the service station you use generates in hazardous waste by searching for it on our Hazardous Waste Tracking System.

Not knowing your specific circumstances, we can’t tell you one way or another about whether you have grounds for complaint. You can call the Department of Consumer Affairs (DCA) at 800-952-5210 and speak with a consumer information specialist. Or, if you want to go ahead and file a complaint, go to the BAR How To File A Complaint Web page.  

If it is a highly flammable liquid such as gasoline or paint thinner, call 911 immediately! A serious explosion could occur.

Otherwise, contact your County Environmental Health Department or the Stormwater Management unit of your city (or county) Department of Sanitation.

It is forbidden by law to drain anything into the storm drain or gutter except rainwater and the occasional sprinkler runoff. Dumping of soapy water from carpet cleaners and steam cleaning residues from parking lot cleaning is prohibited. Bright green or yellow liquids may be automobile antifreeze, which has a sweet taste and is very toxic to animals, so do not delay in reporting it if you see it standing or being drained into the gutter. Animals (and people) can suffer a slow, painful death due to liver and kidney failure after drinking antifreeze. Dumping oil into the storm drain can also cause harm to the stream, river or ocean that it drains to.

You can call DTSC's emergency response phone number 1-800-260-3972, or 916-255-6504.

Your question may be outside of DTSC’s jurisdiction or best answered by another agency. We put this quick reference guide together to help you determine what agency will have the answer to your question. Clicking on an underlined item will take you to that agency’s website.

 

Toxics and environmental issues in, at, or near your home

 

Health-related matters such as safety of food-handling establishments, sewage releases, lead paint abatement, asbestos safety, etc. may be handled by a County Environmental Health Department. Follow this link to the County Contacts list, which also includes CUPAs. For health exposure information, based on specific chemicals, follow this link to the Federal Agency of Toxic Substances and Disease Registry (ATSDR).

 

Household Hazardous Waste (HHW) Collection Facilities accept residential pesticides, batteries, fluorescent bulbs, televisions sets, computer monitors, old paint, solvents, used oil, antifreeze, and other chemicals that should not go into the regular trash. Find the HHW Collection Facility for your area.

 

Illegal discharges to sanitary or industrial sewers are overseen by the City or County Public Works or Sanitation Departments. You can call your City directly or click on the link for the National Association of Counties Web site.

 

Medical waste, low-level radioactive waste, and lead poisoning. Issues are managed by the California Department Of Health Services (DHS).

 

Sellers and Landlords are required to give prospective purchasers and tenants the “Homeowner’s and Renter’s Guide to Residential Environmental Hazards” booklet. You can get the booklet through a member of the California Association of Realtors or from our Web site in the "Publications" section under “Residential Environmental Hazards”.

 

Toxics and environmental issues in or at your small business

 

California hazardous waste laws are found in the CaliforniaHealth and Safety Code.

 

California hazardous waste regulations are found in the California Code of Regulations, Title 22

 

Chemical-specific information can be found at the Agency for Toxic Substances and Disease Registry (ASTDR).

 

Disposal of (small business) Hazardous waste -Contact your local environmental health program.

 

Groundwater or surface contamination is overseen by theRegional Water Quality Control Boards (RWQCB). They also oversee specific landfill regulations.

 

Inspection of hazardous waste generators are conducted by City or County Environmental Health or Emergency Services (Fire) departments, known as Certified Unified Program Agencies (CUPAs). To find your CUPA click on County Contacts or go to the Cal-CUPA Forum, (look for "Regions" button).

 

Landfills are regulated by  CalRecycles.

 

Material Safety Data Sheets (MSDS) can be found at a number of sites on the Internet. You’ll nee d to do a search under “MSDS” and the chemical name. 

 

Releases of pollutants into the air from stationary sources (buildings, factories, etc.), including: fumes, dust, smoke, odors, some asbestos issues, and any other stationary sources are managed by your local Air Pollution Control District, or the Regional Air Quality Management Districts (AQMD).

 

Smoking vehicles, and other mobile sources should be reported to the California Air Resources Board. You can file a complaint by calling 1-800-CUT-SMOG.

 

Work place standards are enforced by the California Occupational Safety and Health Administration (Cal/OSHA) (such as unsafe working conditions, worker exposure to chemicals, and improper training.

 

If you need additional assistance, contact a Regulatory Assistance Officer.

Tips on asking and tracking questions

A word of advice from your Regulatory Assistance Officers – Calling multiple agencies can be frustrating, so to help you get an answer quickly you may want to:

•   Write down the question(s) that you will be asking. That way, you'll be able to tell if your question is changing as you talk to different people and learn more about your subject of inquiry.
  
•   Keep notes on who you have called, what agency they are with, and what they have told you. These notes will let you know if you are really going in circles (We know, sometimes it feels that way!).

The Department of Toxic Substances Control (DTSC) has one Hazardous Substances Scientist in each of its four Regional Offices (Click Here for a map in PDF format) whose role is to answer questions from the public about the often-confusing laws, regulations, and policies relating to hazardous waste. What follows are some of the questions these Regulatory Assistance Officers hear on a regular basis and the answers to those questions. Follow the links (in color) to references and citations. The citations for hazardous wastes laws and regulations use the following abbreviations (follow the links to the searchable postings):

HSC - California Health and Safety Code, Division 20
22CCR - California Code of Regulations, Title 22, Division 4.5

DTSC is a state regulatory agency; therefore, the laws it enforces apply to the entire state of California. Regional Regulatory Assistance Officers will assist you in matters related to California's hazardous waste laws. If they don't know the answer, the Regulatory Assistance Officers may refer you to experts within DTSC or may direct you to another agency or organization more appropriate for the problem at hand.

Finally, at times, callers ask the Regulatory Assistance Officers to recommend companies or businesses. DTSC can neither recommend or endorse a company. The Regulatory Assistance Officers can provide information that may help the requester make his or her own decision. In addition, we will not discuss on-going legal matters between DTSC and companies; when legal actions are resolved the files become open to the public. Note that identities of people making complaints about violations of the hazardous waste laws are always confidential. Evidence Code 1041.

CUPA - Certified Unified Program Agency, an agency certified by DTSC to conduct the Unified Program, which consists of hazardous waste generator and onsite treatment programs, aboveground and underground storage tank programs, Hazardous Materials Management and Business Plans and Inventory Statements, and the Risk Management and Prevention Program. (The CUPA is generally a part of the county or city Fire Department or Environmental Health Department.)

RCRA stands for the federal Resource Conservation and Recovery Act, as amended, which contains the federal hazardous waste laws: 42 USC 6901 (United States Code). Federal hazardous waste regulations are found in Title 40 of the Code of Federal Regulations (40 CFR).

Part per million (ppm) and part per billion (ppb)- Common units for the measurement of concentrations of substances in samples. For solutions, parts per million represents milligrams per liter (mg/l) and for solids, it represents the concentration in milligrams per kilogram (mg/kg).A part per billion is a thousandth of a part per million.

Additional environmental terms can be found in the DTSC Glossary and in the U.S. Environmental Protection Agency's glossary page "Terms of Environment."

DTSC Regulatory Assistance Officers provide informal guidance only regarding management of hazardous waste for the convenience of the public. Such advice is not binding upon DTSC, nor does it have the force of law. If you would like a formal opinion on a matter by DTSC, please contact the responsible program office directly. You should also refer to the statutes and regulations, DTSC Policies and Procedures, and other formal documents.

If you cannot find the answer to your question in this FAQ, please contact the Regulatory Assistance Officers directly. You can call them at 800-728-6942, or contact them via the Department of Toxic Substances Control Web site.

If you believe that you have received incorrect information from a Regulatory Assistance Officers , please contact External Affairs at (916) 322-0476. We also encourage you to complete a Cal/EPA Customer Satisfaction Survey so that we may improve our Regulatory Assistance Program.