Laserfiche WebLink
r� <br />Department of Toxic Substances Control <br />Matt/iew Rodriquez <br />Secretary for <br />Environmental Protection <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 />Barbara A, Lee, Director <br />1001 "1" Street <br />P.O. Box 806 <br />Sacramento, California 95812-0806 <br />Edmund G. Brown Jr. <br />Governor <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 />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 <br />a fthlr status. <br />CRA has asked DTSC to reconsider a prior determination that the weight of non -empty <br />acys mony generato <br />' <br />BACKGROUND <br />residue must be counted together, towards <br />DTSC addressed <br />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 />"Cot <br />nainers Used to Hold Listed ChemotheraDru <br />py gs" (RO 12946enclosed) <br />, . <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 />