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Department of Toxic Substances Control <br /> Barbara A , Lee , Director <br /> Mattliew Rodriquez 1001 " 1 " Street Edmund G. Brown Jr. <br /> Secretary for P . O . Box 806 Governor <br /> Environmental Protection Sacramento , California 95812-0806 <br /> August 2 , 2018 <br /> Ms . Angie Manetti <br /> Director, Government Affairs <br /> California Retailers Association <br /> 980 Ninth Street , Suite 2100 <br /> Sacramento , California 95814 <br /> REQUEST TO RECONSIDER THE REGULATORY STATUS OF P - LISTED RCRA <br /> HAZARDOUS WASTE CONTAINERS <br /> Dear Ms . Manetti : <br /> The Department of Toxic Substances Control ( DTSC ) received your letter, dated <br /> January 29 , 2016 , on behalf of the California Retailers Association ( CRA ) . I apologize <br /> for the delayed response , and thank you for your patience regarding this matter. <br /> CRA has asked DTSC to reconsider a prior determination that the weight of non - empty <br /> containers , which contain residues of Posted waste , are counted towards generator <br /> status . After careful consideration , and review of applicable federal and state <br /> requirements , DTSC concludes that its initial determination is appropriate . Specifically , <br /> the weight of the containers and the P- listed residue must be counted together , towards <br /> a facility' s monthly generator status . <br /> BACKGROUND <br /> DTSC addressed this issue in a letter, dated December 24 , 20151 , to Ms . Charlotte <br /> Smith , entitled " P - listed , RCRA Hazardous Waste Containers at California Healthcare <br /> Facilities" ( enclosed ) . Therein , DTSC concluded that non - empty containers are <br /> required to be managed as hazardous waste , and thus must be counted towards a <br /> healthcare facility' s generator status . DTSC based its decision on regulations <br /> applicable to contaminated containers and is consistent with the United States <br /> Environmental Protection Agency' s ( U . S . EPA' s ) 1987 interpretation letter, titled , <br /> " Containers Used to Hold Listed Chemotherapy Drugs " ( RO 12946 , enclosed ) . <br /> CRA asked DTSC to comport with a more recent U . S . EPA memorandum issued on <br /> November 4 , 2011 . In that memorandum , U . S . EPA clarified that the P - listed residue is <br /> an acute hazardous waste , and that only the weight of the residue needs to be counted <br /> ' December 24 , 2015 letter to WMSS PharmEcology Services <br /> ® Printed on Recycled Paper <br />