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.. .00 Mr. James Leagan September 8, 1999 Page 3 CFR 261.2(c)(3), as long as it is reclaimed and not accumulated speculatively, used in a manner constituting disposal, or burned for energy recovery. Under the federal quantity determination requirements [40 CFR 262.10(b) and 261.5(c) and(d)], the photo processor, in this circumstance, is deemed to have a"zero" waste count(assuming the photo processor does not generate any other hazardous waste) for the sole purpose of determining the photo processor's hazardous waste generator category, because the waste immediately entering the wastewater treatment unit is not counted in that determination, and the secondary material that is generated at the end of the wastewater treatment process is conditionally excluded from classification as a solid waste. The photo processor, therefore, qualifies for regulation under the CESQG requirements established in 40 CFR 261.5 for generators who generate no more than 100 kilograms (kg) of hazardous waste per month. While CESQGs and their hazardous waste are afforded reduced management requirements, they are not exempt from regulation as generators under RCRA, as some have argued. Instead of being fully regulated according to 40 CFR Parts 262 through 266, CESQGs remain subject to regulation under RCRA according to 40 CFR 261.5 and are specifically required to meet hazardous waste generation and accumulation limitations; comply with the hazardous waste determination requirements established under 40 CFR 262.11 [40 CFR 261.5(8)(1)]; and ensure that the hazardous waste is treated or disposed at authorized facilities [40 CFR 261.5(g)(3)]. Since CESQGs and their hazardous waste remain subject to regulation under RCRA, as discussed above, the waste continues to meet the RCRA definition of a hazardous waste and the CESQGs continue to meet the RCRA definition of generator, as established in 40 CFR 260.10'. Given the fact that the federal regulations do not exempt CESQGs or their hazardous waste from total regulation under RCRA, DTSC's determination that CESQGs with a"zero"waste count (for the sole purpose of determining generator category) still meet the definition of hazardous waste "generator" under RCRA is valid and is consistent with the requirements of both SB 2111 and the applicable federal RCRA regulations. Local Regulation of"Silver-only" Hazardous Wastes As you know, CUPAs are local agencies certified by the State under the auspices of the Unified Program(as established in California law under HSC Chapter 6.11), that are authorized to enforce regulations applicable to hazardous waste generators. In addition to the regulation of hazardous waste generators, the authorities extended to CUPAs under HSC Chapter 6.11 include the imposition of fees on regulated businesses to recover the necessary and reasonable costs incurred by the CUPA for that regulatory oversight. Pursuant to HSC section 25143.13(e), the authorities granted to CUPAs under HSC Chapter 6.11, including inspecting hazardous waste generator activities and imposing fees on hazardous waste generators, are in no way limited by SB 2111. 1 40 CFR 260.10 defines generator to mean any person,by site, whose act or process produces hazardous waste identified or listed in part 261 of this chapter or whose act first causes a hazardous waste to become subject to regulation.