Classification Requirements

We have a dual system in California for hazardous waste classification based on federal and State statutes and regulations.

Federal:

The federal statutory responsibilities passed by Congress and implemented by the United States Environmental Protection Agency (US EPA) are outlined in the statute: United States Code, title 42, chapter 82, section 6901 et seq. (Resource Conservation and Recovery Act or RCRA).

The regulations adopted by US EPA from the authority given in RCRA are found in Code of Federal Regulations (CFR), title 40, parts 260 to 279. Unless otherwise stated, for federal regulations referred to in this training are in reference to the above and referred to as “40 CFR.”

State:

Similarly, California requirements and statutory responsibilities are outlined in the statute implemented by DTSC: California Health and Safety Code (HSC), division 20, chapter 6.5.This is known as California’s Hazardous Waste Control Law (HWCL) and referred to in this training as “HSC.”

Regulations adopted from the Health and Safety Code are found in the California Code of Regulations, title 22, division 4.5.

Unlike the Federal statutes, California’s statutes have specific requirements normally found in regulations, while all the federal specific requirements are found in 40 CFR. To locate all the requirements for hazardous waste management in California, you must consult with both HSC and 22 CCR, whereas, to determine the federal requirements, you only need to consult 40 CFR.

California is authorized by US EPA to administer a state hazardous waste program instead of the Federal program.