Regulatory Assistance Frequently Asked Questions

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.

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.

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

Please contact DTSC at 800-618-6942 to cancel or deactivate your EPA ID or State ID number.

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

There are EPA ID numbers, and State ID numbers. There are also permanent and temporary ID numbers. The type of number you need determines how you get a number. Please go to our Hazardous Waste ID Number web page, http://www.dtsc.ca.gov/IDManifest/index.cfm /for more guidance, and instructions.

 

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.

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.

"Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in chapter 11 of division 4.5 of title 22 of the California Code of Regulations or whose act first causes hazardous waste to become subject to regulation. 

"Individual generation site" means the contiguous site at or on which one or more hazardous wastes are generated.An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous. 

"Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling operational units or combinations of these units.

"Onsite" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access, is also considered onsite property. 

"Offsite" means any site which is not "onsite."

(a) at which a hazardous waste is generated and which is owned by, leased to, or under the control of, the generator of the waste;and

"Person" means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership and association."Person" also includes any city, county, district, commission, the State or any department, agency or political subdivision thereof, any interstate body, and the Federal Government or any department or agency thereof to the extent permitted by law. 

"Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

"Transporter" means a person engaged in the offsite transportation of hazardous waste by air, rail, highway or water.  

The definitions are a significant component of hazardous waste management requirements because the definitions are used to determine how and when various generator, transporter and treatment, storage and disposal facility (TSDF, hereafter "facility") requirements apply. 

A Uniform Hazardous Waste Manifest (form 8700-12) (manifest) is required to transport hazardous waste offsite.[Cal. Code Regs., tit. 22, § 66262.20(a)] Offsite shipments also require the use of a registered hazardous waste transporter. [Health &Saf. Code, § 25163, subd. (a)] A transporter cannot accept hazardous waste for transport unless it is accompanied by a hazardous waste manifest.[Cal. Code Regs., tit. 22, § 66263.20(a)]  

Only a duly authorized permitted facility (a treatment, storage or disposal facility (a TSDF)) or a facility that has obtained a grant of authorization from DTSC, noted as the "Designated Facility" in Item 8 of the Uniform Hazardous Waste Manifest (form 8700-12) (manifest) can accept or receive hazardous waste from an offsite location.[Health &Saf. Code, § 25201 (with the exception of an exempt transfer facility operating under Health &Saf. Code, § 25123.2 and Cal. Code Regs., tit. 22, § 66263.18)] 

Yes.A generator or facility shall not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an ID number.[Cal. Code Regs., tit. 22, §§ 66262.12, subd. (a) and 66264.11]

Yes.A generator shall not offer hazardous waste to a transporter or to a transfer, treatment, storage or disposal facility that has not received an ID number.[Cal. Code Regs., tit. 22, §,66262.12, subd. (c)] 

Generator hazardous waste ID numbers are site/location specific.[RCRA Online Numbers 11028 (08/03/1983) and 13314 (08/18/1989)]The definition of generator is tied to both the person and the site.Where different persons (including businesses) conduct different regulated activities at one site, each person must apply for separate ID numbers. [RCRA Online Number 13129 (02/01/1988)]Under those circumstances, the address of each generator may also vary by Suite, Unit or Floor Number. 

Hazardous waste ID numbers are site/location specific.As such, a generator must determine whether their location consists of one site or more than one site.A location is onsite, and thus one site, if it is the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access, is also considered onsite property. 

Contiguous property is a property that is one continuous plot of land or several plots of adjoining land.Contiguous means being in actual contact: touching along a boundary or at a point.(WIN/Informed RCRA Subtitle C EPA Identification Number, Site Status, and Site Tracking Guidance for Managing Data in RCRAInfo, March 21, 2005)  

In general, a public right-of-way refers to an area where streets and sidewalks are located and are controlled by a public entity (e.g., city, state, or federal highways).  

In general, a crossroads intersection refers to the point where two or more roads intersect. 

Some examples are large manufacturing facilities, medical facilities, and academic campuses, such as universities and colleges. 

Yes.U.S. EPA guidance provides clarification to colleges and universities on the issues of filing for generator hazardous waste ID numbers and insight into interpreting the definition of "onsite" on a college campus:

". . .Many university campuses are divided by public roads or rights-of-way which they do not control.Metropolitan campuses are frequently constructed on a number of adjoining city blocks where the various campus buildings are separated by city streets but the buildings may be connected by tunnels or overhead walkways.Even in these cases, each generation site (i.e., each city block or each half of a campus bisected by a public road) would be a generator (or small quantity generator) and assigned its own EPA I.D. Number.

"Hazardous wastes being shipped from one campus building (i.e., generator) to another building (i.e., TSDF) where the sites are divided by a highway would need a manifest while on the highway.The one exception is when the waste is shipped directly across the road.In this case, the receiving building is considered "on-site," as defined in 40 CFR 260.10 even though both sites are required to have separate EPA I.D. numbers.(NOTE:The definition of "on-site" is intended to be used only in determining whether or not a generator should initiate a manifest.It does not define two buildings owned and/or operated by the same person but divided by a highway as one generator site).The Agency's philosophy is to identify each shipment of hazardous waste as being from a specific location.EPA needs to identify who is responsible for the waste (i.e., who created the waste, determined it to be hazardous, and is liable for its proper management).. . . "

(RCRA Online Number 12134 (09/01/1983);EPA Publication Number 530-SW-83-001l)

Based upon U.S. EPA RCRA guidance #12134, the definition of "onsite" provides only for a very limited exception from manifesting requirements.This exception applies only when hazardous waste is shipped directly across a road from one site to another.

This guidance means that "onsite" includes geographically contiguous property which may be divided by public or private right-of-way.If the public has access to the right-of-way, it is not considered a single property unless the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way.In other words, vehicles may not carry unmanifested waste along the public right-of-way.(RCRA Online Number 13314 (08/18/1989)

University buildings separated by city blocks or divided by public roads are individual generator sites, each requiring separate hazardous waste ID numbers and manifests for the transportation of hazardous waste.However, if access between buildings is possible without the waste traveling along a public road, those portions of the university may be considered one site, and only one identification number is needed.(RCRA Online Number 11884 (11/04/1994)

Two non-contiguous properties connected by a right-of-way are considered to be "onsite" with respect to each other, if all of the following criteria are met:

(1) The two properties are owned by or are under the control of the same person;and

(2) The connecting right-of-way is also owned by or is under the control of the same person;and

(3) The connecting right-of-way is used to transport hazardous waste from one property to the other;and

(4) There is no public access to the connecting right-of-way.For example, the following would meet these criteria:an underground pipeline, an underground tunnel, or a securely fenced walkway or roadway.

Yes. If the buildings are separated by public roads or other rights-of-way which the generator does not control, each generation site (i.e., each city block or each half of a university campus bisected by a public road) would be a generator and assigned its own separate ID number.[RCRA Online Number 11028 (08/03/1983)]

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.)

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.

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).

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.

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.     

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.

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.

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. Call the Contractor's State Licensing Board for a free booklet explaining asbestos use in building materials: 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.

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. 

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.

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 don't 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.

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.

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.

This FAQ used a category that was in the category list. How does this display? Does it also show "CUPA FAQ" text below the FAQ, even though the "CUPA FAQ" checkbox was not selected (same as the previous FAQ)?

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.  

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

(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.

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)).

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!).

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.