Final Regulations: Universal Waste & Generator Status (SB 612) (Change Without Regulatory Effect)

DTSC Reference Number: R-2016-02
OAL Reference Number: 2016-1122-05N

OAL Approval Date: 12/28/16
Secretary of State Filing Date: 12/28/16
Effective Date: 12/28/16


The Office of Administrative Law (OAL) approved this Section 100 rulemaking file on December 28, 2016:



The Department of Toxic Substances Control (DTSC) filed the following non-substantive rulemaking (Section 100) with OAL on November 22, 2016:

Adopt Universal Waste Counting Instructions to Hazardous Waste Generators 
as Specified in Senate Bill 612, Section 66262.34 (i)

The adoption of this Section 100 before December 1, 2016 satisfies the legislative requirement under the change of statute outlined in Senate Bill (SB) 612 (Jackson, Chapter 452, Statutes of 2015).

For questions about this non-substantive rulemaking file, feel free to e-mail


On October 2, 2015, Governor Brown signed into law SB 612, which among other additions and changes, added Section 25158.1 to Health and Safety Code, which removes universal wastes from counting by generators for purpose of determining their status as a the generator. DTSC is required to adopt regulations by December 1, 2016, which will provide instructions to hazardous waste generators on how to implement this counting requirement.

In addition, the new law mandates that generators count all other hazardous wastes.

The regulatory package information will be posted as the regulatory package progresses. For information on SB 612, please refer to this California Legislative Information page.

11/9/2011 Letter (Rescinded) regarding counting universal waste toward generator status