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VCVSHealth Ms. Florido March 20, 2019 Page 4 DTSC reaffirmed its position regarding empty containers in a letter dated August 2, 2018. We do not dispute that the California regulatory language is somewhat different than federal regulations. However, there is an interpretation much more appropriate than DTSC's prior interpretation, yet still fully protective of human health and the environment. It is important to not overlook that California's regulation states that empty containers must be managed as a hazardous waste. California's regulation does not say that empty containers must be counted toward a facility's generator status because containers do not meet the definition of hazardous waste under California regulations. See 22 CCR 66261.3. Based on the 2015 DTSC letter discussed above, which states that DTSC may revisit the empty container issue when EPA issues the Pharm Rule, we anticipate that DTSC is likely to reevaluate its position on empty containers. In the meantime, based on (i) EPA's data and conclusions — namely that EPA has investigated and determined that very small amounts of residues remain in containers after pharmaceuticals are dispensed, and EPA's ultimately decision to not require management or counting of the residue or containers as hazardous (or acute hazardous) waste; and (ii) California regulatory language clearly states that non -empty containers must be managed as hazardous waste, we request that the County conclude that CVS's management requirements for containers that previously held warfarin are compliant with California regulations. Importantly, CVS manages all containers that previously held warfarin - family pharmaceuticals as hazardous waste during hazardous waste accumulation at the store level and when transported, and all containers that previously held warfarin are ultimately incinerated. CVS's approach provides protection to human health and the environment well above the protection that EPA has concluded (in the Pharm Rule) is warranted, and counting warfarin empty containers toward CVS's generator status would provide no additional protection. CVS's management requirements also comply with the "management" requirement of the California regulations. Item 114 relates to sending generator manifest copies to the Department of Toxic Substances Control (DTSC). We have confirmed that CVS's hazardous waste hauler, Stericycle, continues to provide copies of generator manifests to DTSC on behalf of CVS for all hazardous waste pickups at CVS stores in California. We do note that the regulatory requirement pertains to sending generator copies to DTSC, and not to any requirement that the copies are contained in the DTSC database. However, out of an abundance of caution, we have requested Stericycle to resubmit manifests numbers 012497617FLE, 012121065FLE, and 012121066FLE, 011387316FLE, 010169383FLE, 008597861FLE. Attached please find the referenced manifests and the resubmission tracking number. Item 115 relates to maintaining copies of manifests onsite. To address your concern , we have obtained the TSDF signed copy of manifest numbers 012121066FLE, 008629030FLE, 012497617FLE, and 008597861FLE which are attached here for your reference. Please note that, as part of the Hazardous Waste Program, these manifests are available electronically at the store level through the Environmental Health and Safety Reports Portal. We understand that at the time of your inspection, just the LDR Form had been uploaded to the portal in error. We are (M pharmacy / Caremark /minute clinic /specialty 364827630