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Department of Toxic Substances Control <br /> Barbara A.Lee,Director <br /> Matthew 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 P-listed 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 />