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V CVSHealth Ms. Florido March 29, 2019 Page 4 Accordingly, generators must include the weight of the container and not just the mass of container residue when computing the amount of acute hazardous waste generated(i.e.handling each residue and its associated container as a whole entity of hazardous waste). (Cal. Code Regs., tit. 22, § 66261.100, subd. (a)(2).) DTSC reaffirmed its position regarding empty containers in a letter dated August 2, 2018. We do not dispute that the California regulatory language is somewhat different than federal regulations. However,there is an interpretation much more appropriate than DTSC's prior interpretation, yet still fully protective of human health and the environment. It is important to not overlook that California's regulation states that empty containers must be managed as a hazardous waste. California's regulation does not say that empty containers must be counted toward a facility's generator status because containers do not meet the definition of hazardous waste under California regulations. See 22 CCR 66261.3. Based on the 2015 DTSC letter discussed above, which states that DTSC may revisit the empty container issue when EPA issues the Pharm Rule, we anticipate that DTSC is likely to reevaluate its position on empty containers. In the meantime,based on(i) EPA's data and conclusions—namely that EPA has investigated and determined that very small amounts of residues remain in containers after pharmaceuticals are dispensed, and EPA's ultimately decision to not require management or counting of the residue or containers as hazardous (or acute hazardous)waste; and(ii) California regulatory language clearly states that non-empty containers must be managed as hazardous waste,we request that the County conclude that CVS's management requirements for containers that previously held warfarin are compliant with California regulations. Importantly, CVS manages all containers that previously held warfarin- family pharmaceuticals as hazardous waste during hazardous waste accumulation at the store level and when transported, and all containers that previously held warfarin are ultimately incinerated. CVS's approach provides protection to human health and the environment well above the protection that EPA has concluded (in the Pharm Rule) is warranted, and counting warfarin empty containers toward CVS's generator status would provide no additional protection. CVS's management requirements also comply with the"management"requirement of the California regulations. Item 114 relates to sending generator manifest copies to the Department of Toxic Substances Control (DTSC). We have confirmed that CVS's hazardous waste hauler, Stericycle, provides copies of generator manifests to DISC on behalf of CVS for all hazardous waste pickups at CVS stores in California. We do note that the regulatory requirement pertains to sending generator copies to DTSC, and not to any requirement that the copies are contained in the DTSC database. However, out of an abundance of caution,we have requested Stericycle to resubmit manifests numbers 011392812FLE, 011392813FLE, 011434310FLE, 011434309FLE, 011387268FLE, and 008597532FLE. Attached please find the referenced manifests and the resubmission tracking number. CVS pharmacy / caremark / minute clinic / specialty