Managing Hazardous Waste

We protect the environment and communities by ensuring compliance with hazardous waste laws

Copy of – Who Needs a Hazardous Waste Facility Permit?

Any facility that stores, treats, or disposes of hazardous waste as described in the Hazardous Waste Control Laws (Health and Safety Code, Division 20, Chapter 6.5) must obtain a permit or a grant of authorization from the Department of Toxic Substances Control (DTSC).

For more information on identifying hazardous waste, please refer to our Defining Hazardous Waste webpage.

Note If you generate hazardous waste, then please refer to DTSC’s Generators of Hazardous Waste webpage for more information.

What is Hazardous Waste?

Hazardous waste in California includes:

Wastes identified and defined in the Resource Conservation and Recovery Act (RCRA), the federal statue regulating facilities that treat, store, or dispose of hazardous waste

Additional wastes that California has determined to be hazardous (i.e., non-RCRA hazardous waste)

For more information on identifying hazardous waste, please refer to our Defining Hazardous Waste webpage.

Tiered Permitting

California has a five-tiered permitting program with each tier matching the degree of risk posed by the hazardous waste facility. The five permitting tiers are:

Full Permit
Standardized Permit
Permit by Rule (PBR)
Conditional Authorization (CA)
Conditional Exemption (CE)

Out of the 5 permit tiers, DTSC issues Full State and Standardized Hazardous Waste Facility permits and is responsible for ensuring the facilities are compliant with all California laws and regulations. CUPAs (Certified Unified Program Agencies) are responsible for authorizing and regulating those hazardous waste facilities operating under a permit by rule, conditionally authorized, or conditionally exempt permit tiers.

The Full Permit Tier

This tier includes all facilities requiring a RCRA permit in addition to facilities performing selected non-RCRA activities pursuant to Title 22 of the California Code of Regulations.

Refer to DTSC’s Permit Process Flowchart to learn more about the permit process and what occurs at each step.

Full Permit Applicant Documentation and Guidance

RCRA Permit Instructions (Coming Soon)
Permit Applicant Handbook
Disclosure Statement Instructions and Forms
Tank Assessment Report Guidance
Tank Assessment Report Frequently Asked Questions
Permit Applicants’ Guidance Manual for the General Facility Standards of 40 CFR 264
Exemptions and Exclusions

The Standardized Permit Tier

This tier includes some facilities that manage waste not regulated under RCRA, but are regulated as a hazardous waste in California (i.e., non-RCRA hazardous waste). Examples of facilities that may be eligible for authorization under a standardized permit include, but are not limited to:

used oil transfer/storage facility

precious metal recyclers

Refer to DTSC’s Permit Process Flowchart to learn more about the permit process and what occurs at each step.

Standardized Permit Applicant Documentation and Guidance

Interested in a Full or Standardized Permit?

Contact DTSC at newpermits@dtsc.ca.gov or use the button below.

Contact Us

The Permit by Rule (PBR) Tier

This tier is a non-RCRA onsite treatment permit for specific waste streams and treatment processes. Example waste streams and treatment processes that may fall under the PBR tier include, but are not limited to:

concentrated metal-bearing wastes
concentrated acids or alkalis

wastes posing multiple hazards
silver recovery

The Conditional Authorization (CA) Tier

This tier is a non-RCRA hazardous waste onsite treatment authorization for specific waste streams. Example waste streams that may fall under the CA tier include, but are not limited to:

metal-bearing waters
mostly single-hazardous wastes
some neutralization
oil/water separation

The Conditional Exemption (CE) Tier

This tier is a non-RCRA hazardous waste onsite treatment authorization for small-quantity treatment and other low-risk treatment. Example treatment processes that may fall under the CE tier include, but are not limited to:

oil-water separation
container rinsing or destruction
gravity settling
some neutralization

Other Authorizations

Interim Status

“Interim Status” authorizations allow existing facilities that become subject to newly enacted statutes or regulations (i.e., hazardous waste laws) to continue operations in a manner that is protective of both human health and the environment while the permit application process occurs.

DTSC recognizes that due to the effective date of statutory or regulatory amendments, it would be impossible for DTSC to issue permits to all hazardous waste management facilities. In order to address these issues, the Health and Safety Code (HSC) includes provisions to treat certain facilities as though they have been issued a permit until all administrative action for the permit decision can be made.

Facilities with an “Interim Status Authorization” must comply with interim status regulations, or rules, that must be followed for safety and regulatory compliance purposes in order to continue their hazardous waste operations.

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Interim status statutes and regulations are found in Health and Safety Code Section 25200.5

Existing facilities satisfy the requirements to apply for a permit by submitting only Part A of the permit application. The timely submission of a notification and Part A of the permit application qualifies owners and operators of existing facilities as interim status facilities.

Interim Status Applicant Documentation and Guidance

RCRA Hazardous Waste Part A Permit Application
Interim Status Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities—California Code of Regulations, Chapter 15

Emergency Permits

An emergency permit is a temporary authorization from DTSC for the management of hazardous waste, posing an imminent and substantial endangerment to human health or the environment.

Emergency permits may be issued to:

For more information on Emergency Permits, refer to DTSC’s Emergency Permits webpage.

a facility that does not have a hazardous waste facility permit or

a permitted facility for activities not otherwise authorized.

Note The determination of whether or not an emergency permit should be issued is made on a case-by-case basis, and includes ongoing assessment throughout the resolution of the situation.

Department of Toxic Substances Control’s Permit Renewal Process

The permit process consists of 6 phases: pre-application phase, administrative review phase, technical review phase, draft permit phase, and final permit phase. Both the CEQA review and technical review occur in the technical review phase. Both the draft permit decision and public comment period occur during the draft permit phase.

Note New facilities, or facilities with substantial changes, may need an EPA ID number, conditional use permit, or environmental impact report (EIR).

Open Toggles

Pre-Application Phase

DTSC mails out Reminder Letter and Draft Cost Reimbursement Agreement with initial cost reimbursement estimate to applicant
DTSC holds Pre-Application Meeting and visits applicant’s hazardous waste facility
DTSC completes Initial Compliance History Review

Administrative Review Phase

Applicant signs and sends Cost Reimbursement Agreement with the 25% Advance Payment
DTSC notifies the Public and Other Agencies on receipt of Hazardous Waste Facility Application (Application)
DTSC receives Application and performs Administrative Completeness Review

Technical Review Phase

California Environmental Quality Act (CEQA) Review

DTSC determines CEQA Document
DTSC prepares CEQA Document

Technical Review

DTSC reviews Application for technical completeness
DTSC issues Notice of Deficiency document
Applicant sends revised Application that addresses the Notice of Deficiency items
DTSC conducts community survey and completes Community Profile

Draft Permit Phase

DTSC prepares and issues Draft Permit or Notice of Intent to Deny and Statement of Basis
DTSC notifies public of permit decision and CEQA Document through newspaper notice, radio ad, and community update
DTSC holds 45-day public comment period for the permit decision
DTSC conducts public meeting/hearing

Final Permit Phase

DTSC prepares and issues Response to Comments document
DTSC finalizes permit decision and files CEQA Notice of Determination

Additional Permit Information

Tiered Permitting Phase I Environmental Assessment:

Transportable Treatment Units – Fact Sheets

Regulations: Transportable Treatment Unit Standardized Permit

Cost Reimbursement Policy

Statement of Cost Recovery Policies and Billing Procedures to Implement the Hazardous Substance Account Act (Health and Safety Code sections 25206.1-25206.4)

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Question?

Email DTSC’s Permitting Division at newpermits@dtsc.ca.gov or by using the button below.

Last updated: March 20, 2024