Yes, in California, generators of mixed waste must manage those wastes in accordance with all applicable hazardous waste requirements. In 2001, U.S. EPA adopted regulations providing a conditional exemption from the definition of hazardous waste in 40 CFR 261.3. This exemption is located in 40 CFR part 266, subpart N. Under these regulations mixed wastes are not federally regulated as hazardous wastes provided the conditions of the exemption are met. However, these mixed wastes are regulated as hazardous wastes when first generated and until they are placed into accumulation and meet the conditions of the exemption. In addition, these wastes again become subject to RCRA regulation (“return” to RCA” regulation) after decay-in-storage such that the wastes are no longer mixed wastes (i.e., are no longer low level radioactive wastes). [see 66 FR 27236]. In other words, the mixed wastes are only conditionally exempt from regulation as hazardous wastes under the RCRA regulations as long as they: 1) are mixed wastes, and 2) are managed in accordance with the exemption (i.e., essentially, per the corresponding NRC license agreement). California, an authorized state under RCRA, has not adopted regulations conditionally exempting mixed wastes from regulation as hazardous wastes. Therefore, in California mixed wastes remain subject to dual regulation as hazardous wastes and as low level radioactive wastes (I.e., They are regulated by both DTSC and by NRC/DHS). Generators of mixed waste are subject to all applicable requirements in Chapter 12, of Title 22 of the California Code of Regulations (22 CCR). Generators of mixed wastes who desire to (or must) store their mixed wastes for time periods longer than that allowed under 22 CCR section 66262.34 must obtain hazardous waste facility permits, variances, or extensions in order to do so legally. If, except for the federal exemption discussed above, the mixed waste would be regulated as a hazardous waste under RCRA’s implementing regulations, then the mixed waste would be a “RCRA hazardous waste” in California. Otherwise, the mixed waste would be a non-RCRA hazardous waste in California.