Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
California follows some of federal rules for hazardous waste management. However, the state has many additional state requirements for generators, transporters, TSDFs, universal waste and used oil handlers
1. Do I need an EPA ID number to handle hazardous wastes
This number is issued either by the U.S. EPA (EPA ID Number) or by the California DTSC (California ID Number). Almost all hazardous waste generatorsin California that are not required to have a U.S. EPA ID Number must, in practice, have a California ID Number.Handlers of RCRA waste who need an U.S. EPA ID Number must send a "EPA Form 8700-12: Notification of Regulated Waste Activity Form to the U.S. EPA at the address given in its instructions. You can requestthis form by calling (415) 495-8895, or you can download the form from the U.S. EPA website.Handlers who do not need a U.S. EPA ID but do need a California ID Number canobtain it by completing and submitting the"California Hazardous Waste Permanent IDNumber Application", DTSC Form 1358, by mail, email, or fax. You can download theform from the DTSC website or you can request a blank form by calling DTSC at800-618-6942.
2. How do I determine my generator status?
California does not follow the federal generator classifications. Anyone who generates any amount of waste must comply with the state's more stringent hazardous waste rules.
3. How can I tell if the waste materials I handle are considered
California follows some of the federal rules for defining hazardous wastes. However, the state regulates many substances as hazardous that are not regulated under federal rules.In addition to listed and characteristic wastes, California also regulates extremely hazardous waste, special wastes, and wastes designated hazardous, called "non-RCRA hazardous wastes," California listed wastes including mercury-containing products, and hazardous wastes of concern.California has not adopted all of the federal waste and hazardous waste exclusions, making their waste determination more stringent.California provides a recycling exemption for certain recyclable materials. California adds additional quantity limitation and container condition and labeling requirements under the exclusion for characterization samples and treatability study samples.California follows the "mixture" and "derived-from" rules but has not adopted all of the federal exclusions, making the state's rules stricter. See this fact sheet and the California Code of
Regulations, Title 22, Chap. 11, Appendix X for
4. How long can I store hazardous wastes on site?
California follows some of the federal rules for storing hazardous wastes. However, the state has imposed even more restrictive on-site and other storage requirements for generators.Storage facilities must be permitted. The permit process is very complex and requires the payment of a permit application fee and an annual facility fee. Strict standards must be met for hazardous waste storage areas, including containers, hazardous waste storage tanks, and surface impoundments.If a hazardous waste of concern is discovered missing while at a TSDF, it must be reported immediately; and attempts must be made to find or reconcile the missing quantity of waste. If the waste cannot be reconciled within 24 hours, the facility owner/operator must immediately notify DTSC by phone and in writing, and provide specific information about the facility and the missing waste. Certain permitted facilities are exempt from this requirement, including a Permit by Rule, a Conditional Authorization, or a Conditional Exemption.TSDF's must pay annual facility, TSDF operating, and verification fees.California allows only a 90-day accumulation period, unless the generator accumulates less than 1,000 kilograms of hazardous waste a month and can meet certain conditions. Generators must clearly mark containers and tanks with the date accumulation began and ensure that date is visible for inspection; label or clearly mark the containers and tanks as "HAZARDOUS WASTE" and use other words to indicate the composition and physical state of the waste and the particular hazardous properties of the waste; and label all containers and tanks with the name and address of the person producing the waste. Generators may store satellite-accumulated waste on-site, provided they comply with the state's satellite accumulation rules.California allows as an alternative, one quart of extremely hazardous waste to be accumulated. Waste streams that are generated by a single process or group of processes are mainly subject to a single 55-gal or one-quart accumulation limit for that process or group of processes. There are certain exceptions. Generators must meet additional satellite accumulation requirements in regard to storage times and containers; labeling and marking; transport; contingency plans, prevention and preparedness plans, personnel training, and emergency procedures. The accumulation of remediation wastes that are non-RCRA contaminated soils may not require a storage permit, if certain conditions are met. Records must be maintained on-site that demonstrate compliance with these requirements the state's satellite accumulation requirements.Non-RCRA hazardous wastes generated at a remote site and then transported to the generator's consolidation site may be accumulated at the remote site without a storage permit, if very specific conditions are met.
5. Who can transport and receive the wastes I ship off site?
California follows some of the federal rules for transporting hazardous waste and has numerous, more stringent state requirements.Transporters must comply with numerous state requirements in regard to security, registration, fees, vehicle inspection, waste destination, financial responsibility, discharge responsibilities, hazardous wastes of concern, and transporting hazardous waste from an abandoned site.
6. What records do I have to keep?
California follows the federal recordkeeping rules.
7. Do I have to file reports?
California generally follows the federal rules for reporting. Hazardous waste generators sending waste off-site must use the state manifest form and comply with the state's manifest requirements. All hazardous waste generators that send hazardous waste off-site must submit biennial reports using the state's report form.
8. What training requirements do I have to meet?
California follows the federal rules for training.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For California these differences include:
Used oil is considered a hazardous waste. Eligible waste streams on the consolidated manifest include used oil; the contents of an oil/water separator under certain conditions; solids contaminated with used oil; brake fluid; antifreeze or antifreeze sludge; parts cleaning solvent, including aqueous cleaning solvents; hydroxide sludge contaminated solely with metals from a wastewater treatment process' paint-related wastes, including paints, thinners, filters, and sludges; spent photographic solutions; dry-cleaning solvents; filters, lint, and sludges contaminated with dry-cleaning solvent; asbestos and asbestos-containing materials; inks from the printing industry; chemicals and laboratory packs collected from K-12 schools; absorbents contaminated with other eligible wastes; filters from dispensing pumps for diesel and gasoline fuels; and disabled vehicle wastes.
One copy of the manifest must be submitted to Cal/EPA within 30 days of shipment (22 CCR 66262.23(a)(4)).
Consolidated transporters must submit quarterly reports to DTSC 30 days after the end of each calendar quarter
Other Notes, Comments::
Generators in CA can continue to use the "consolidated manifest" for certain wastestreams, including used oil and dry-cleaning solvent.
10. What are some other differences between federal and state
Generators that produce more than five tons of hazardous waste per year must pay an annual generator fee.Generators that dispose of hazardous waste in-state must pay a land disposal fee.Corporations that use, generate, store, or conduct activities related to hazardous materials or hazardous waste based on the number of people employed at the facility for more than 500 hours during the calendar year must pay annual fees. Generators may have to pay an annual verification fee who have with 50 or more employees that possess a valid ID number issued either by DTSC or by the EPAGenerators of more than 12,000 kg of hazardous waste, or more than 12 kg of extremely hazardous waste, per year must comply with the state's hazardous waste source reduction program by developing, implementing, and updating a number of waste reduction plans and reports.
- Watson Gin, Deputy Director, Hazardous Waste Management, (916) 322-0349, firstname.lastname@example.org