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ROGERS ,JOSEPH O'DONNELL www.rjo.com Elianna Florido, REHS San Joaquin County Environmental Health Dept. July 24, 2020 Page 4 In promulgating this rule, U.S. EPA conducted its own study as well as a review of the testing submitted by at least 3 other stakeholders to arrive at its conclusion that empty warfarin stock bottles are exempt from handling as hazardous waste. If the residue is insufficient to count as hazardous waste, the bottles themselves should not be counted as hazardous waste. See hgps://nepis.epa.gov/Adobe/PDF/P100NG6J.pdf And, because of the sewer"ban"that applies to all states, triple rinsing is not a method available either under federal or state law (40 CFR 266.505) (see Hazardous and Solid Waste Amendments (HSWA) effective in all states on August 21, 2019). Thus, California must follow the "sewer ban"under the HSWA and triple rinsing is not an available option to achieve "empty", notwithstanding Cal. Code Regs., tit. 22 § 66261.7(d). Walgreens' empty warfarin containers are lawfully managed in accordance with, § 66261.7, and specifically § 66261.7(r), which DTSC cites: Any container, or inner liner removed from a container, which previously held a hazardous material, including but not limited to hazardous waste, and which is not empty as defined in subsections (b) or(d) of this section, . . . shall be managed as a hazardous waste... Walgreens testing is consistent with that of U.S. EPA and shows that the amount of residue, if any, remaining when pharmaceuticals have been removed using the practices commonly employed to remove materials from that type of container, is effectively non-existent, and thus empty. Nonetheless, Walgreens' environmental contractor manages these containers as hazardous waste and transports them in accordance with applicable D.O.T regulations. Because there is insufficient residue to weigh, Walgreens' environmental contractor lists the lowest increment available on the manifest form; listing a 1 lb. increment as "residue last contained" in section 9 of the form and the number of empty containers in section 14. (See attached manifests 014029341 FLE—CNT 4 empty bottles; 014029341 FLE- CNT 7 empty bottles). According to federal law, these warfarin stock bottles are "empty"; they should also be considered empty under California law and should not count toward generator status. The manifests are properly completed and submitted pursuant to CCR 66262.23(a). A manifest correction letter is not required. 110: Failed to Keep Signed Copies of Manifests. Walgreens' environmental contractor submits signed copies of manifests on its behalf to DTSC. These manifests are maintained electronically and accessible at each store location and as such, there was no violation. To the extent these manifests were not accessed by management at the time of inspection, copies of the noted manifests are attached. 514088.1 A Professional Law Corporation