In an earlier article I summarized the responsibilities of a hazardous waste generator for the completion and distribution of the Uniform Hazardous Waste Manifest (Manifest).  Read: Use and Distribution of the Uniform Hazardous Waste Manifest.  That article dealt only with the Federal regulations of the U.S. Environmental Protection Agency (EPA).  In this article – and those that follow – I will detail the requirements of individual states regarding the distribution of the Manifest.  Since the regulations of a state with an authorized hazardous waste program must be at least as strict as those of the EPA and can be more strict (state regulations can’t be less strict than Federal regulations), state regulations may require more than those of the EPA.

In this article:  California!

State regulatory agency:

California Department of Toxic Substance Control (DTSC) within the California Environmental Protection Agency (Cal EPA).

Manifest copy distribution in California:

• Page 1 (top copy): “Designated facility to destination State (if required)”.
  • A designated facility within California must submit this copy to DTSC within 30 days of receipt if it is a RCRA hazardous waste or a non-RCRA hazardous waste.
  • A designated facility outside of California must submit this copy to its state environmental agency only if it is a RCRA hazardous waste and if required by its (the designated facility’s) state.
• Page 2: “Designated facility to generator State (if required)”.
  • A designated facility within California is not required to submit this copy to DTSC since it will have submitted page 1.
  • A designated facility outside of California must submit this copy to DTSC within 30 days of receipt if it is a RCRA hazardous waste or a non-RCRA hazardous waste.
• Page 3: “Designated facility to generator”.
• Page 4: “Designated Facility’s copy”.
• Page 5: “Transporter’s copy”.
• Page 6 (bottom copy): “Generator’s initial copy”

State requirements to modify the EPA-required manifest copy distribution outlined above:

• None

Additional state requirements for the management of the uniform hazardous waste manifest:

• Use of the Manifest is required for shipments of both RCRA hazardous waste and non-RCRA hazardous waste.
• Use of the Manifest is required for all generators of hazardous waste in California:  those that generate more than 1,000 kg (2,200 lb) per month and those that generate up to, but no more than, 1,000 kg (2,200 lb) per month.  However, use of the Manifest is not required for a generator of up to, but no more than, 100 kg (220 lb) per month of hazardous waste whose waste is hazardous due solely to the presence of the toxicity characteristic for silver (D001).
• The generator must always send a readable and legible copy of the Manifest to DTSC within 30 days of signing if the waste is:
  • Generated in California;
  • Handled by a permitted facility in California; or is,
  • Imported or exported from California.
• Generators must mail a readable and legible copy of the Manifest, as required above, to:
  • DTSC Generator Manifests / Department of Toxic Substances Control / P.O. Box 400 / Sacramento, CA 95812-0400
• Since the Manifest does not include a page for the generator to submit to DTSC the generator must make a copy of the Manifest for this purpose.  While it is easiest to make a copy of page 6 (signed by both the generator and the transporter and left with the generator), it may not make a legible copy.  It is recommended that the generator make a copy of page 1 of the Manifest before it leaves with the transporter and submit this to DTSC.
• TSDF sends copy to DTSC with 30 days of the receipt date to:
  • DTSC Facility Manifests / P.O. Box 3000 / Sacramento, CA 95812
• A Manifest Correction Letter must be sent to DTSC whenever hazardous waste manifests are submitted containing incorrect or incomplete information. Per California Health and Safety Code, Section 25160.5, DTSC is authorized to charge a $20 manifest correction fee when DTSC discovers the errors and requests a manifest correction letter. DTSC does not charge the fee if the company submits the manifest correction letter before being notified by DTSC of the error.  To submit a letter, please provided the manifest corrections on company letterhead, and include the following information:
  • The Manifest Tracking Number which includes a unique three-letter suffix preceded by nine numerals which is pre-printed in Item 4 of the manifest.
  • The date the generator signed the manifest.
  • Generator EPA ID number used on the original manifest, even if it was incorrect.
  • The incorrect or incomplete item number from the manifest.
  • The corrected information.
  • Signature, title, mailing address, and phone number of person submitting the correction.
• Send Manifest Correction Letters to:
  • DTSC / Generator Information Services Section / Attention: Manifest Corrections / P.O. Box 806 / Sacramento, CA 95812-0806
• DTSC follows the Federal rule for the Exception Report.  Send Exception Reports to:
  • DTSC Report Repository / Generator Information Services Section / P.O. Box 806 / Sacramento, CA 95812-0806
• DTSC follows the Federal rule for the Waste Minimization Certification.

More information:

• Accumulation Time Limits for Hazardous Waste Generators in California
• What is acute aquatic toxicity in California?
• Are soaps and detergents a non-RCRA hazardous waste in California?
• Two Exemptions From Universal Waste Regulations in California
• Banned From Landfill Disposal in California
• The Marking of a Hazardous Waste Container in California

The answer is yes. If they fail the aquatic toxicity test.

Below is the text from the FAQ page of the California Department of Toxic Substances Control (DTSC):

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.

And here’s a screen shot of the question on the DTSC website:

It should come as no surprise that the state regulations of California for the cradle-to-grave management of hazardous waste are more broad and more stringent than the Federal rule.  The California regulations are so broad in their definition of hazardous waste that most materials discarded (including soaps and detergents) will be a non-RCRA hazardous waste unless the generator of the waste is able to prove otherwise.  A non-RCRA hazardous waste is regulated as a hazardous waste only within California.  (The other category of hazardous waste in California – RCRA hazardous waste – is either listed as a hazardous waste or displays a hazardous waste characteristic per the Federal regulations and so is a hazardous waste both within and without California.)

If your state has an authorized hazardous waste program – and most of them do – then the standard format RCRA training won’t do.  You must have training that covers the Federal regulations and those of your state.  For that you require my Onsite Training or my Webinar Training, both of which can be tailored to the Federal and state regulations that apply to the waste you generate at your facility.

While you’re at it throw in my HazMat Employee training required by the USDOT/PHMSA to ensure everyone has the training they need to safely manage hazardous waste from cradle-to-grave.

The Federal regulations of the USEPA at 40 CFR 273 identify four types of universal waste:

• Lamps
• Batteries
• Mercury-containing equipment
• Recalled or cancelled pesticides

States that choose to operate their own authorized hazardous waste program may retain these four, slightly revise their names and definitions, and even add to this list creating state-specific universal waste.

The California Department of Toxic Substances and Control (DTSC) regulates the management of seven (7) types of universal waste, six of them in Title 22, Division 4.5, Chapter 23 of the California Code of Regulations (CCR):

• Batteries
• Electronic devices
• Mercury-containing equipment
• Lamps
• Cathode ray tubes
• Cathode ray tube glass

And one more in the California Health and Safety Code (HSC) at 25201.16:

• Aerosol cans

USEPA regulations identify four types of facilities involved in the management of universal waste:

• Large Quantity Handler – a generator of universal waste or one who receives universal waste from other universal waste handler, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination and accumulates 5,000 kilograms or more of universal waste at any time.
• Small Quantity Handler – a generator of universal waste or one who receives universal waste from other universal waste handler, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination and does not accumulate 5,000 kilograms or more of universal waste at any time.
• Transporter – a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
• Destination Facility – a facility that treats, disposes of, or recycles universal waste.

The DTSC identifies only the following regulated entities under its Universal Waste Rule:

• Transporter – a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
• Destination Facility – a facility that treats, disposes of, or recycles universal waste.
• Universal Waste Handler – a generator of universal waste or one who receives universal waste from other universal waste handler, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.

Note that the DTSC does not identify a Small Quantity Handler nor a Large Quantity Handler of universal waste.  It does, however, identify two different types of “generators” which are included in the definition of a universal waste handler:

• Conditionally Exempt Small Quantity Universal Waste Generator (CESQUWG)

and…

• Household (aka Household Universal Waste Generator)

CESQUWG:

• Generates ≤100 kg (220 lbs) of RCRA hazardous waste and ≤1 kg (2.2 lbs) of acutely hazardous waste per calendar month.  This includes universal wastes that are a RCRA hazardous waste.
• Complies with the Federal regulations of the USEPA at 40 CFR 261.5 for a Conditionally Exempt Small Quantity Generator of hazardous waste.

A RCRA hazardous waste is a waste that matches the Federal USEPA criteria for a listed or characteristic hazardous waste.

Household:

• Single detached residence or a single unit of a multiple residence unit and all structures belonging to the household.

• 

  It does not include a hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, or day-use recreation facility.

DTSC specifically excludes hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, or day-use recreation facility from the definition of a household because those sites are included in the Federal USEPA Household Hazardous Waste Exclusion at 40 CFR 261.4(b)(1).

These two types of a universal waste handler are important because they are both subject to an exemption (at 66273.8, Title 22 of the CCR) from full regulation as a universal waste handler; in other words, they don’t have to comply with all of the regulations that a non-exempt universal waste handler must.  Though these exemptions are addressed separately in the CCR, the conditions to which each generator is subject are the same.  Therefore, the conditions required to comply with either the household universal waste generator exemption or the conditionally exempt small quantity universal waste generator exemption are described below.

• The generator must not dispose of the universal waste.
• The universal waste is relinquished to one of the following:
  • Another universal waste handler.
  • A universal waste transporter (e.g. for curbside collection).
  • A destination facility.
  • An authorized curbside household hazardous waste collection program.
• Generator does not treat the universal waste, except as summarized below.  Allowed treatment of universal waste by an exempt generator includes:
  • Sorting batteries by type.
  • Mixing battery types in one container.
  • Discharging batteries to remove charge.
  • Regenerating used batteries.
  • Disassembling batteries or battery packs into individual batteries or cells.
  • Removing batteries from consumer products.
  • Removing electrolyte from batteries.
  • Remove a lamp from a product or structure.
  • A CESQUWG may remove mercury batteries from mercury-added novelties.
  • Any other treatment of a mercury-containing device, such as remove ampules and mercury switches, drain pressure or vacuum gauges containing mercury, must comply with universal waste handler treatment requirements of §66273.70 -§66273.77 and the applicable management requirements for that mercury-containing equipment.
  • Remove discrete assemblies (e.g. batteries, ink cartridges) from electronic devices which are typically removed for replacement during normal operation.
  • Remove CRTs from electronic devices in a manner that prevents breakage of CRT.
  • Dismantle or otherwise manually segregate components (e.g. circuit boards, integrated circuits, metals, plastic, wiring, batteries, lamps, &etc.) from an electronic device.
  • Remove the yoke from a CRT without breaking the CRT glass.

Each of the above allowed treatment comes with their own conditions that must be complied with in order to conduct the activity.

• Any material produced from treatment of universal waste are properly classified and managed according to DTSC regulations.

And that’s it!  A household universal waste generator or CESQUWG need only ensure proper off-site disposal of their universal waste, take some basic precautions for it’s on-site management, and comply with the requirements for its treatment if they choose that option.

What, then, is a household universal waste generator or a CESQUWG exempt from?  Well, a brief list of the requirements of a universal waste handler includes:

• Immediately contain all releases of universal waste and determine if the release is a hazardous waste and manage appropriately.
• Label and mark universal waste containers.
• Obtain an EPA Identification number (unless already have one) if accumulate 5,000 kg or more on-site at any time.
• Accumulate universal waste on-site for no more than one year.
• Demonstrate amount of time universal waste has been on-site.
• Universal waste must be shipped only to another universal waste handler, a destination facility, or a foreign destination.
• Off-site shipments of universal waste need not be described on a Uniform Hazardous Waste Manifest but some form of record must be kept of all shipments received or shipped off-site.
• Train all personnel who manage universal waste.
• Notify DTSC 30 days prior if intend to accept and accumulate universal waste CRTs, CRT glass or electronic devices from off-site sources.
• Submit annual report by February 1 for previous calendar year if accept >100 kg of CRTs, CRT glass, or electronic devices from off-site locations or generate 5,000 kg or more of CRTs, CRT glass, or electronic devices in a calendar year.
• Other on-site management requirements specific to each type of universal waste.

The pictures below are not a violation for a CESQUWG in California:

Question:

Are universal waste aerosol cans subject to the exemptions of 22 CCR 66273.8?

Answer:

No.  HSC 25201.16(d)(2) makes it clear, “The exemptions described in Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations for universal waste generated by households and conditionally exempt small quantity universal waste generators of universal waste do not apply to universal waste aerosol cans.”

Generators of hazardous waste in California have many incentives to manage their hazardous waste under the universal waste option.  One is this:

Effective January 1, 2016 universal waste is no longer required to be included when determining the status of a hazardous waste generator.  View the DTSC’s rescinded letter of interpretation which had required universal waste to be included when determining hazardous waste generator status.

Please contact me if you have any questions about the Universal Waste Rule in California or the training you must provide for personnel who manage universal waste at your facility.

The Bullet:

The U.S. Environmental Protection Agency resolved a series of enforcement actions directed at five Southern California metal finishing companies which will collectively pay more than $223,700 in civil penalties for hazardous waste and Clean Water Act violations.

Who:

• Anaplex Corporation in Paramount, CA
• Barkens Hard Chrome in Compton, CA
• Bowman Plating Company, Inc. in Compton, CA
• Alumin-Art Plating Company in Ontario, CA
• R.L. Anodizing and Plating, Inc. in Sun Valley, CA

Three of the facilities are located along the I-710 freeway corridor, an area of special concern to USEPA due to the disproportional impact of pollution on residents of this area.

What:

Anaplex has agreed to pay a $142,200 penalty for violations of RCRA and the Clean Water Act (CWA).  Hazardous waste violations include

• Failure to properly label and close hazardous waste containers.
• Failure to properly meet training requirements for its employees
• Did not operate the facility in a way that minimizes the possibility of hazardous waste being released into the environment.

Barkens has agreed to pay $28,100 in penalties to resolve its hazardous waste violations, including:

• Failure to minimize the release of hazardous waste.
• Failure to meet certification requirements for tanks used to transfer, store or treat hazardous waste.
• Failure to have proper decontamination equipment.
• Facility did not have the proper contingency plan for emergencies.
• Lacked adequate training records for its employees.

Bowman has agreed to pay a $9,900 penalty to resolve its hazardous waste violations, including:

• Failure to minimize releases of hazardous waste.
• Did not have a permit to store certain hazardous waste streams on-site.
• Failure to properly close hazardous waste containers.
• Did not maintain adequate aisle space for stored hazardous waste.

Alumin-Art has agreed to pay a $28,000 penalty to resolve hazardous waste violations found at its Ontario, CA. facility, including:

• Did not have a permit to store and treat hazardous waste.
• Failure to close a hazardous waste container.
• Failure to meet necessary training requirements for its employees.

R.L. Anodizing has agreed to pay a $15,500 penalty to resolve its hazardous waste violations including:

• Storing hazardous waste without the proper permit.
• Improper labeling, storing and maintenance of containers holding hazardous waste.

Where:

• Anaplex Corporation in Paramount, CA
• Barkens Hard Chrome in Compton, CA
• Bowman Plating Company, Inc. in Compton, CA
• Alumin-Art Plating Company in Ontario, CA
• R.L. Anodizing and Plating, Inc. in Sun Valley, CA

Three of the facilities are located along the I-710 freeway corridor, an area of special concern to USEPA due to the disproportional impact of pollution on residents of this area.

When:

Released May 14, 2015.

Investigations and actions by USEPA go back to 2010.

Why:

Metal finishers use a plating or anodizing process to coat industrial metal, and typically generate hazardous wastes including: sludges containing heavy metals such as chromium, cadmium, and lead; spent plating solutions containing metals or cyanides; flammable liquids; and both alkaline and acidic corrosive liquids.

How:

The Federal Resource Conservation and Recovery Act (RCRA) requires metal finishing companies – and everyone else – to properly manage hazardous waste to prevent harm to human health and the environment.  Under RCRA the California EPA, and with Cal EPA the Department of Toxic Substances Control, California has the authority to create and enforce its own regulations for hazardous waste.  Here, however, the USEPA stepped in to enforce Federal regulations.

Conclusion:

A perfect example of the USEPA exercising its Federal authority to enforce its regulations within a state that has an authorized hazardous waste program.  Federal or State, all hazardous waste regulations require training, and that’s what I do.  Contact me to schedule Onsite Hazardous Waste Personnel Training for you and all of your employees right there at your facility in California.  In one day and for only a little money you can avoid violations such as these.

For more information:
Media Contact: Nahal Mogharabi, Mogharabi.nahal@epa.gov, 213-244-1814

For more information on The Clean Water Act, please visit: http://www.epa.gov/lawsregs/laws/cwa.html

For more information on the Resource Conservation and Recovery Act, please visit: http://www.epa.gov/compliance/civil/rcra/index.html

For more information on EPA’s work at the I-710 corridor, please visit: http://www.epa.gov/region9/strategicplan/i710.html

I have learned that when it comes to the hazardous waste regulations codified under RCRA, California is different. And here is just one example of it: buried in the California Health and Safety Code at 25160.7 is a requirement for a hazardous waste generator or a TSDF to ensure, prior to loading hazardous waste on a vehicle, that the driver of the vehicle has a valid Commercial Driver’s License (CDL) with the proper endorsement. Don’t believe me? Read it for yourself:

25160.7. An authorized representative of the generator or facility operator that is responsible for loading hazardous waste into a transport vehicle shall, prior to that loading, ensure that the driver of the transport vehicle is in possession of the appropriate class of driver’s license and any endorsement required to lawfully operate the transport vehicle with its intended load.

How can a California generator of hazardous waste comply with this requirement?  Well, one way is to ask to see the driver’s CDL prior to loading his/her truck.  (I suggest documenting this procedure).  Another would be to obtain written confirmation from the motor carrier that all of their drivers have the proper CDL and endorsement.

Read this article to learn what you should look for on the CDL and what endorsements may be found there:  What Information Must be on the Commercial Driver’s License?

Remember that the definition of a hazardous waste in California is much more broad than the Federal.  A hazardous waste in California includes:  used oil, ethylene glycol antifreeze, corrosive solid, an expansive list of metals (e.g. copper, zinc, cobalt), asbestos, and much more.

Contact me if you have questions about the generation, management, or transportation of hazardous waste in California.