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Memo to File — Angela Manuel, Legal Counsel The following question was posed to the Regulatory Assistance Office at DTSC: If you have a California Pharmaceutical Waste (Code 311), and this is the only code that applies (No RCRA Codes), can it be managed within the California Hazardous Waste Regulation, or does it have to be managed within the California Medical Waste Management Act? Response from Charles Corcoran at DTSC: Thank you for your question regarding waste medicines. The California Hazardous Waste Codes (a.k.a. "State Waste Codes") apply to wastes that are regulated as hazardous wastes. Most often, these hazardous wastes are transported via registered hazardous waste transporters (to TSDFs) using a hazardous waste manifest. In such instances the generators must apply the appropriate California Hazardous Waste Code from Appendix XII of Chapter 11. State Waste Code 311 would be selected (i.e., correctly selected) by the generator for a "RCRA hazardous waste" that is a pharmaceutical waste that is hazardous due to its organic chemical composition. Some examples of hazardous wastes that would carry this State Waste Code are shown in the attached table. This State Waste Code would not _be applicable to inorganic pharmaceutical hazardous wastes such as arsenic trioxide (P012) or Selenium sulfide U205. Hazardous waste numbers and hazardous waste codes do not apply to non -hazardous wastes. Your question appears to be asking about the proper State Waste Code for a waste pharmaceutical that is not a RCRA hazardous waste. Presuming such a waste is hazardous only because of its pharmaceutical components, such a waste is nota hazardous waste in California. [See Health and Safety Code, Division 20, Chapter 6.5 subsection 25117.5(b) and the subsections referenced therein] Again, Hazardous Waste Numbers and Hazardous Waste Codes do not apply to non -hazardous wastes. As wastes which are comprised solely of pharmaceuticals wastes, and which would otherwise only be regulated as "non- RCRA hazardous wastes" in California, are excluded from regulation as "hazardous wastes" by operation of the above referenced section of law, it is incorrect to assign any hazardous waste number or any State Waste Code, including waste code 311, to these wastes. In fact, Health and Safety Code section 25160(b)(1)(C) states: "A manifest shall only be used for the purposes specified in this chapter, including, but not limited to, identifying materials that the person completing the manifest reasonably believes are hazardous waste." And, pursuant to Health and Safety Code section 25160.5, the Department of Toxic Substances Control may charge a fee of 20.00 dollars for each (improperly completed) manifest which describes a solely pharmaceutical waste that clearly qualifies for the exclusion in section 25117.5 as a DTSC-regulated "hazardous waste" and assigns that waste a California Hazardous Waste Code or an EPA Hazardous Waste Number. In conclusion, since January 01, 1997, DTSC only regulates as hazardous wastes, those pharmaceutical wastes that are "RCRA hazardous wastes." [See Senate Bill 1966, Wright, Chapter 536, Statutes of 1996] Therefore, for all such hazardous wastes that are managed as hazardous wastes and that are transported using a Hazardous Waste Manifest, the Hazardous