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Ms. Angie Manew <br />August 2, 2018 <br />Page 3 <br />"Any container, or inner liner removed from a container, which previously held a <br />hazardous material, including but not limited to hazardous waste, and which is <br />not empty as defined in subsections (b) or (d) of this section, or otherwise <br />exempt from regulation as a hazardous waste under this division or Chapter 6.5 <br />of Division 20 of the Health and Safety Code (commencing with Section 25100), <br />shall be managed as a hazardous waste (emphasis added) in accordance with <br />this division and Chapter 6.5 of Division 20 of the Health and Safety Code <br />(commencing with Section 25900)." <br />This section clearly requires that non -empty containers be managed as hazardous <br />wastes. <br />CONCLUSION <br />California's hazardous waste regulations applicable to containers are more stringent <br />than their federal counterpart. California adheres to the U.S. EPA's 1987 interpretation <br />letter because it is consistent with California regulatory requirements. U.S. EPA's more <br />recent 2011 memorandum is inconsistent with California's regulatory requirements <br />applicable to containers (i.e., it is less stringent than corresponding state requirements), <br />therefore U.S. EPA's 2011 memorandum cannot be applied in California. <br />California healthcare facilities (hazardous waste generators) must include the weight of <br />the container and residue when completing a Uniform Hazardous Waste Manifest. The <br />combined weight counts toward generator status. DTSC will review this issue again <br />when U.S. EPA's new rules for pharmaceutical wastes are promulgated. <br />If you have any questions or would like to discuss this furt <br />her, please contact <br />Renee Roberts of my staff at (916) 324-8192 or Renee.Roberts@dtsc.ca.gov <br />Sincerely, <br />Ellen L. Haertle, Chief <br />Industry Assistance, Training and Outreach Unit <br />Policy and Program Support Branch <br />Hazardous Waste Management Program <br />Enclosure <br />cc: See next page. <br />