Regulatory Assistance Frequently Asked Questions

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.  

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.

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.

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. 

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.

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.

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.

Even thought 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.

By the way, if you already do have an EPA ID and manifest hazardous waste, did we mention that everything about manifests changes on September 5? Better to get ahead of the curve and find out now about the new uniform federal manifest. Here’s a hint:: you are going to have to purchase manifest forms in advance from U.S. EPA-approved vendors. And that’s not all. Don’t delay, find out more today.    

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?

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 our Cal/EPA sibling, the California Integrated Waste Management Board. 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, the Waste Board 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). 

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 Health Services.

These kinds of wastes - generated by households - are known as "Household Hazardous Wastes", or HHW. The California Integrated Waste Management Board 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.

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. Our Cal/EPA sister agency Integrated Waste Management Board (IWMB), the one 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 California Integrated Waste Management Board (CWIMB) site.

Also, if you are a retailer thinking about collecting universal waste, you really need to check into the DTSC/CIWMB "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.

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. The California Integrated Waste Management Board 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 the California Integrated Waste Management Board'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