ECAR Fact Sheet for California
intent of the hazardous waste program is to provide a cradle-to-grave
management system for hazardous wastes to ensure that these wastes
are not mismanaged in a way that will impact human health or the
To comply with
California's hazardous waste requirements, you must follow the steps
- Determine whether any hazardous waste is generated and
what type of waste it is.
- Determine which regulations must be complied with and
comply with those requirements.
California Department of Toxic Substances Control (DTSC) has prepared
a guidance document to help auto recyclers manage hazardous waste.
Much of the information is included in the fact sheet below. You
can access the guidance for hazardous waste under 'Other Relevant
regulates hazardous waste using the federal Resource Conservation
and Recovery Act (RCRA) rules and numerous, additional state requirements.
State-specific requirements include rules for generators, transporters,
hazardous waste treatment storage and disposal facilities, used
oil handlers, and universal waste. Also, the state regulates more
wastes as hazardous wastes than the federal rules.
of Hazardous Waste. California has broader and more specific definitions for
waste than do the federal requirements. In addition to the listed
and characteristic wastes under the federal rules and California's
non-RCRA hazardous wastes, the state also adds extremely hazardous
wastes and special wastes. California has not adopted all of the federal waste and hazardous
waste exclusions, which makes its waste determination rules stricter
than the federal. In California, solid waste means 'wastes that are not hazardous.'
Waste Determination. It
is the responsibility of all generators to determine whether their
waste is hazardous. The procedure for this is called a 'hazardous
waste determination.' You may assume a waste is hazardous
based on its characteristics or on past laboratory analysis provided
there is no change in how the waste was generated. In some cases,
you may use your knowledge of a waste to make a determination as
to whether the waste is a characteristic hazardous waste. If you use such information
to classify a waste as nonhazardous, you must maintain documentation
supporting this determination. If you are not sure, have the waste
tested. Keep in mind that a non-hazardous waste may become hazardous
if contaminated or mixed with other materials and re-testing would
Wastes can be
hazardous if they are either 'listed' or 'characteristic', or if
they are a mixture of a listed hazardous waste and other wastes.
A. RCRA Hazardous
Waste. A hazardous waste is presumed to be a RCRA hazardous waste
unless or until the generator determines that the waste is non-RCRA
hazardous waste. A hazardous waste is a RCRA hazardous waste if
it meets any of the following criteria:
It exhibits characteristics of ignitability, corrosivity,
reactivity, or toxicity;
It is listed as a hazardous waste and has not been excluded
the federal regulations; or
It is identified as a hazardous waste.
B. Non-RCRA Hazardous
Waste. A hazardous waste is a non-RCRA hazardous waste if
it meets all of the following criteria:
- It does not exhibit any of the characteristics of ignitability,
corrosivity, reactivity or toxicity;
- It exhibits characteristics of corrosivity and toxicity,
or otherwise meets the definition of a hazardous waste;
- It is not listed as a hazardous waste, or is listed and has
been excluded by the federal regulations; or
- It is listed and is not identified as a RCRA hazardous waste.
A hazardous waste is a non-RCRA hazardous waste if it exhibits
applicable characteristics and meets any of the following criteria:
- It is identified as a potential non-RCRA hazardous waste,
or is identified as a potential non-RCRA hazardous waste; or
- It is excluded from classification as a solid waste or a
hazardous waste in the federal regulations.
A container, or an inner liner from a container, which is
empty, but is required to be managed as a hazardous waste, is a
non-RCRA hazardous waste.
A waste which is not classified as a non-RCRA hazardous waste
may be classified as a non-RCRA hazardous waste if the generator
can otherwise determine that the waste would not be regulated as
a hazardous waste pursuant to subtitle C of RCRA or implementing
C. Extremely Hazardous
Waste. Any waste which is extremely hazardous shall be managed
in accordance with the specific provisions pertaining to extremely
hazardous waste. A waste, or a material, is extremely hazardous
- Has an acute oral LD
- 50 less than or equal to 50
milligrams per kilogram; or
- Has an acute dermal LD50 less than or equal to 43
milligrams per kilogram; or
- Has an acute inhalation LC50 less than
or equal to 100 parts per million as a gas or vapor; or
- Contains any of the substances listed in the regulations
at a single or combined concentration equal to or exceeding
0.1 percent by weight; or
- Has been shown through experience or testing that human exposure
to the waste or material may likely result in death, disabling
personal injury or serious illness because of the carcinogenicity,
high acute or chronic toxicity, bioaccumulative properties,
or persistence in the environment of the waste or material;
- Is water-reactive.
A waste containing one or more materials which are extremely
hazardous is not extremely hazardous if the generator determines
that neither the calculated acute oral toxicity nor the calculated
acute dermal toxicity of the waste using the required equation is
numerically equal to or less than the toxicity limits prescribed,
and the waste is not extremely hazardous by any other criterion
of the regulations.
D. Hazardous Wastes
of Concern. A hazardous
waste of concern is a hazardous waste that is identified on the
Uniform Hazardous Waste Manifest with one of the following hazard
divisions within the U.S. DOT description, or otherwise known as:
- An explosive material, hazard division 1.1, 1.2, or 1.3, as
defined under the Code of Federal Regulations; or
- A poisonous material, hazard division 6.1, packing group
I or II, as defined under the Code of Federal Regulations; or
- A poisonous gas, hazard division 2.3, as defined under the
Code of Federal Regulations.
E. Total Threshold
Limit Concentration Values of Persistent and Bioaccumulative Toxic
Substances in Extremely Hazardous Wastes. Any waste containing a listed substance
at a concentration equal to or exceeding its listed total threshold
limit concentration is an extremely hazardous waste. Refer to the
regulations for a listing of the wastes.
F. Special Wastes.
A hazardous waste which meets all of the following criteria and requirements
shall be classified as a special waste:
- It is a solid, a water-based sludge or a water-based slurry
of which the solid constituents are substantially insoluble
- It is a hazardous waste only because it contains a persistent
or bioaccumulative substance at a solubilized and extractable
concentration exceeding its Soluble Threshold Limit Concentration
(STLC), or at a total concentration exceeding its Total Threshold
Limit Concentration (TTLC), except that:
- It shall contain no persistent or bioaccumulative listed
substances at a solubilized and extractable concentration
in milligrams per kilogram of waste exceeding the TTLC value
for the substance; and
- It shall contain no persistent or bioaccumulative inorganic
substance at a concentration equal to or exceeding the TTLC
value of the substance.
The following is a non-inclusive list of wastes, which may
be classified as special wastes:
- Ash from burning of fossil fuels, biomass and other combustible
- Auto shredder waste;
- Baghouse and scrubber wastes from air pollution control;
- Catalyst from petroleum refining and chemical plant processes;
- Cement kiln dust;
- Dewatered sludge from treatment of industrial process water;
- Dewatered tannery sludge;
- Drilling mud from drilling of gas and oil wells;
- Refractory from industrial furnaces, kilns and ovens;
- Sand from sandblasting;
- Sand from foundry casting;
- Slag from coal gasification;
- Sulfur dioxide scrubber waste from flue gas emission control
in combustion of fossil fuels; or
- Tailings from the extraction, beneficiation and processing
of ores and minerals.
G. Universal Wastes. Universal wastes have fewer waste
management rules that apply to them. For more information about
the generation, storage, transportation, disposal and recycling
of universal wastes, refer to the state's universal waste requirements.
Generator Status. In California,
all hazardous waste generators are subject to the same state generator
requirements. A generator or producer means any person, by site, whose
act or process produces hazardous waste or whose act first causes
a hazardous waste to become subject to regulation.
with Hazardous Waste Rules.
Once you have determined whether you generate hazardous waste and
your generator status, you can determine which requirements apply
the Regulations. Use
the following links to view the regulations pertaining to hazardous
Hazardous Waste Management Requirements
Federal EPA Standards Applicable
to Generators of Hazardous Waste
Hazardous Waste Listings
- Contact the DTSC Public
and Business Liaisons at 800-728-6942, or go to http://www.dtsc.ca.gov. Follow the 'Toxic
Questions?' and 'Contact a Live Person!' links to the page listing
each of the Duty Officers' email addresses.
- To report large spills and releases to the environment,
contact your local emergency response offices (usually 911) as
well as the Office of Emergency Services Warning Center: 800-852-7550.
Waste Generator Requirements (CA DTSC)
Waste Generators - Guidance Documents (CA DTSC)
- Managing Hazardous Waste
Main Web Page (CA DTSC)
- Partners in the Solution Guidance
Manual (State of CA Auto Dismantlers Assn.)
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