Managing Hazardous Waste

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

Fact Sheet

Fixed Treatment Unit Operating Under Conditionally Exempt – Limited Rules

June 2023*

Introduction

The Department of Toxic Substances Control (DTSC) developed this fact sheet to assist owners and operators of fixed treatment units (FTUs) in complying with Conditionally Exempt-Limited (CEL) laws and regulations. A FTU is equipment that performs hazardous waste treatment and is permanently stationed at a single facility. CEL laws are part of the tiered permitting system for hazardous waste treatment in California. Compliance with CEL rules allows FTU operators to treat hazardous waste without a “full” or even a “standardized” hazardous waste treatment permit from DTSC. Outlined below in only 3-Steps is the procedure necessary to start FTU operations and stay compliant with CEL laws. DTSC periodically provides updates through fact sheets to correct, clarify and introduce regulations and promote compliance.

This fact sheet applies to FTUs only. Transportable Treatment Units (TTUs) can’t operate under the CEL tier.

NOTE This fact sheet will help you determine if you are eligible to operate a FTU under CEL. It will also help you understand the various administrative and technical operating requirements for conducting onsite treatment of hazardous waste under the Conditionally Exempt tier. However, be advised that this fact sheet contains general information only and is not a substitute for the actual laws, the California Health and Safety Code (Health and Safety Code) division 20, chapter 6.5, and California Code of Regulations, title 22, division 4.5.

Contact your local Certified Unified Program Agency (CUPA) for additional information and instructions. Your CUPA is responsible for reviewing notification forms from businesses located within its jurisdiction. A list of CUPA addresses and phone numbers is available on the California CUPA web site and on the California Environmental Protection Agency’s (Cal/EPA) Unified Program Directory page.

Eligibility

You are eligible to treat waste under CEL if your wastestreams and treatment processes are listed in Health and Safety Code section 25201.14. Additionally, to be eligible:

You may only treat waste that is generated onsite;
There is no volume limitation; and
You may not treat waste that requires a federal hazardous waste treatment permit under RCRA.

Step 2: You're eligible to operate a FTU under CEL, so now what?

Notification

Complete and submit information to your CUPA through the California Environmental Reporting System (CERS) website – CERS website.

NOTE Your CUPA may require that your completed notification include a plot plan, flow diagrams and detailed descriptions of wastestreams and treatment processes.

Submit specific notification information for each FTU that you plan to operate. You should submit all notifications through the CERS website. This must be done prior to beginning the first waste treatment. The timeframe is 60-days before treatment begins. If you demonstrate good cause, the 60-day period between notification and treatment start up can be shortened. You should first contact your CUPA to determine how electronic and/or direct submissions (if available) are accomplished so as to maintain compliance with the 60-day timeframe.

If a change occurs to any information contained in your most recent notification, submit an amended notification package to your CUPA. Always keep a copy of the notifications that you submit and any CUPA acknowledgments.

Generator Operating Standards

Generators conducting CEL treatment must comply with hazardous waste generator standards in California Code of Regulations, title 22, division 4.5, chapter 12. For an overview of these standards, see DTSC’s fact sheet DTSC Hazardous Waste Generator Requirements (November 2022) and Accumulating Hazardous Wastes at Generator Sites Fact Sheet (January 2002).

Operating Records

Maintain all records required by the hazardous waste generator standards. In addition, you must maintain the following records onsite for three years (Health and Safety Code section 25201.5(d)):

Written operating instructions for the treatment unit and a record of the dates, amounts, and types of wastes treated – as a treatment log book would contain;
A written inspection schedule and log of inspections conducted; and
If discharging your waste to the sewer, records to demonstrate that you are following all applicable requirements for pre-treatment and discharge.

Containers

If you treat hazardous waste in containers, you must comply with the standards for container storage and transfer activities specified in California Code of Regulations, title 22, division 4.5, chapter 14, section 66264.175, and chapter 15, article 9 (commencing with section 66265.170). Requirements include proper management for all container transfer and storage areas, proper management of the containers to prevent leaks, and weekly inspections of the storage areas.

Tanks

If you treat hazardous waste in tanks (on ground or above ground) you must comply with the standards for storage and treatment of hazardous wastes in tanks applicable to generators.

Large Quantity Generators

If you generate 1,000 kilograms (approx. 2,200 pounds) or more of hazardous waste per month, you must comply with the standards for storage and treatment of hazardous wastes in tanks set forth in California Code of Regulations, title 22, division 4.5, chapter 15, article 10 (section 66265.190-66265.199, except 66265.197). Most new and existing tanks must undergo an integrity assessment and have secondary containment before being placed into service. The assessment must be in writing and certified by a qualified professional engineer (California Code of Regulations, title 22, section 66265.192(a)). Tanks must be reassessed every five years.

Small Quantity Generator

If you generate less than 1,000 kilograms of waste per month, and the total waste accumulated onsite never exceeds 6,000 kilograms, you must comply with the federal standards regarding tanks (see California Code of Regulations, title 22, section 66262.34(d)). The significant difference here is that you are not, generally, required to provide secondary containment and engineer’s certifications for your tank system.

NOTE Generators treating hazardous waste in non-RCRA, or RCRA-exempt underground tanks are subject to applicable standards in California Code of Regulations, title 23 regarding underground tank storage.

Ancillary Equipment

Under CEL rules you are not required to have secondary containment for ancillary equipment for a tank or container treating hazardous waste, if the ancillary equipment has undergone an integrity assessment pursuant to California Code of Regulations, title 22, section 66265.191 every two years from the date that retrofitting requirements would otherwise apply (Health and Safety Code section 25201.5(e)(1)).

Financial Assurance

You are exempt from financial assurance requirements (e.g., having to provide third party liability coverage for environmental accidents and financial assurance for closure).

Fees

Your local CUPA will have detailed fee information. The CUPA is the primary oversight agency of your FTU treatment activities. You will be billed periodically by the CUPA until the treatment unit has been certified closed according to Health and Safety Code section 25201.5(j).

Closure of Treatment Units

You are not required to prepare and maintain a written closure plan. However, you must comply with all the requirements for proper closure as specified in Health and Safety Code section 25201.5(d)(8). Closure means that you remove and decontaminate all waste residues, containment system components, soils, and other structures or equipment contaminated with hazardous waste from the unit. Remove the unit from service in a manner that minimizes the need for further maintenance and eliminates the escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or waste decomposition products to the environment after treatment has ceased. If hazardous waste contamination of the site has occurred, you must notify your local CUPA and DTSC.

When you permanently cease operation of a unit, you must notify your local CUPA, in writing, that you have properly closed the unit, pursuant to Health and Safety Code section 25201.5(d)(8).

Corrective Action

Corrective Action includes assessing the property for any previous release of hazardous wastes using a Tiered Permitting Phase I Environmental Assessment Checklist (DTSC Form 1151), and cleaning up any contamination that poses a risk to public health and the environment. You must submit a Checklist within one year of initial authorization (Health and Safety Code section 25200.14(b)(1)). Submit the Checklist to DTSC and a copy to your CUPA by the applicable deadline. If further investigation is needed, submit a schedule for investigating the potential problem within 90 days after you have submitted the Checklist (Health and Safety Code section 25200.14(e)(1)).

Public Notice and Local Land Use

You are not required to publish a public notice regarding your treatment operation. For purposes of local land use decisions, your facility is not considered a hazardous waste treatment facility when authorized under CEL.

Disclosure Requirement

You are exempt from the requirement to provide a disclosure statement regarding past environmental violations, compliance orders, convictions, or judgments (Health & Safety Code section 25200.4).

Training Classes

California Compliance School offers training on Tiered Permitting. The training focuses on how to comply with hazardous waste management requirements. Call California Compliance School at 1-800-337-1422, or access the website for information regarding class times, locations, cost, and enrollment instructions. California Compliance School also offers four generator modules, with classes available at central locations statewide or at your worksite.

More Information and Contacts

For all other information, please contact the DTSC office nearest you. For a list of all DTSC offices, go to our Office Address and Phone Numbers web page.

You can also contact our Regulatory Assistance Officers at:

Toll-Free in CA: 800-728-6942 or 800 72-TOXIC
Outside CA: 916-324-2439
Email: RAO@dtsc.ca.gov

*Disclaimer

This fact sheet does not replace or supersede relevant statutes and regulations. The information contained in this fact sheet is based upon the statutes and regulations in effect as of the date of the fact sheet. Interested parties should keep apprised of subsequent changes to relevant statutes and regulations.

Hazardous Waste Related Links

What’s New!

Generator Improvements Rule (GIR)

On May 30, 2017, the United States Environmental Protection Agency’s (US EPA’s) Hazardous Waste Generator Improvements Rule went into effect. However, because California is an authorized state the GIR does not take effect in California until DTSC adopts the rule, or parts thereof, via the rulemaking process. For more information on the GIR and DTSC’s ongoing work to adopt sections of this rule, please go to our Generator Improvements Rule webpage.

Definitions

Certified Unified Program Agency (CUPA): A CUPA is a local agency, such as a county, city, or Joint Powers Agency that is certified by the Secretary for Environmental Protection to implement the Unified Program within a jurisdiction as specified in Health and Safety Code division 20, chapter 6.11. The CUPAs are responsible for consolidating, coordinating, and making consistent many environmental programs.
Fixed Treatment Unit (FTU): An FTU is any equipment that performs hazardous waste treatment that is permanently stationed at a single facility regardless of the period or frequency of treatment.
Onground Tank: A device meeting the definition of “tank,” situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected (see Cal. Code Regs., tit. 22, §66260.10).
Phase I Environmental Assessment: A preliminary site assessment based on reasonably available knowledge of the facility, including, but not limited to, historical use of the property, prior releases, visual and other surveys, records, consultant reports, and regulatory agency correspondence.
Transportable Treatment Unit (TTU): A TTU is any mobile equipment that performs treatment, is transported to a facility to perform a treatment, and is not permanently stationed at a single site.
Treatment: Any method, technique, or process which is not otherwise excluded, or which is designed to change the physical, chemical, or biological character or composition of the hazardous waste or material it contains, or which removes or reduces its harmful properties or characteristics for any purpose. If the activity that you are conducting is consistent with this definition, you are required to obtain a permit or a grant of authorization through your CUPA. However, if your activity is not considered regulated treatment, you do not need a permit or grant of authorization. The following activities do not require a permit or a grant of authorization (see Health & Saf. Code §25123.5):
- Sieving or filtering liquid hazardous waste to remove solid fractions, without added heat, chemicals, or pressure, as the waste is added to or removed from a storage or accumulation tank or container (sieving or filtering does not include adsorption, reverse osmosis, or ultra-filtration).
- Phase separation of hazardous waste during storage or accumulation in tanks or containers, if the separation is unaided by the addition of heat or chemicals. If the phase separation occurs at a commercial offsite permitted storage facility, all phases of the hazardous waste must be managed as hazardous waste after separation.
- Combining two or more wastestreams that are compatible into a single tank or container if both of the following conditions apply:
  - The wastestreams are being combined solely for the purpose of consolidated accumulation or storage or consolidated offsite shipment, and they are not being combined to meet a fuel specification or to otherwise be chemically or physically prepared to be treated, burned for energy value, or incinerated.
  - The combined wastestream is managed in compliance with the most stringent of the regulatory requirements applicable to each individual waste stream.
- Evaporating water from hazardous wastes in tanks or containers, such as breathing and evaporation through vents and floating roofs, without adding pressure, chemicals, or heat other than sunlight or ambient room lighting or heating.
- Combining glutaraldehyde or orthophthaladehyde, used by medical facilities to disinfect medical devices, with formulations containing glycine as the sole active chemical, if the process is carried out onsite. (This activity is only allowed for medical facilities.)
Unified Program: The Unified Hazardous Waste and Hazardous Materials Management Regulatory Program is commonly referred to as the Unified Program. The Unified Program consolidated several major environmental management and emergency management programs at the local government level to help businesses subject to waste management requirements comply with the legal requirements (Health & Saf. Code, div. 20, ch. 6.11).
Unit: A unit is a tank, a container, or a combination of tanks or tank systems or containers located together that are used in sequence to treat one or more compatible hazardous wastestreams. The devices are either plumbed together or otherwise linked so as to form one treatment system (see Cal. Code Regs., tit. 22, §66260.10).

Background on California's Tiered Permitting System

The Wright-Polanco-Lempert Hazardous Waste Treatment Permit Reform Act of 1992 established a five-tiered program for authorizing the treatment and storage of hazardous waste at many businesses required to have State authorization, but not federal authorization (i.e., authorization under the federal Resource Conservation and Recovery Act (RCRA)). This five tiered program matches the regulatory requirements to the degree of risk posed by the facility’s activities.

The permitting tiers consist of the following: Full Permit, Standardized Permit, Permit by Rule (PBR), Conditionally Authorized (CA), and Conditionally Exempt (CE). They are arranged in descending order of regulatory oversight.

The Full Permit tier allows treatment and storage of RCRA and California only (non-RCRA) hazardous waste pursuant to Title 40, Code of Federal Regulations (C.F.R.), parts 264 and 270, and California Code of Regulations, title 22, §66264.1 et seq., and §66270.1 et seq. It includes all facilities requiring a RCRA permit (such as incinerators and land disposal facilities), and selected non-RCRA activities.
The Standardized Permit tier allows offsite treatment and storage of non-RCRA and RCRA-exempt hazardous waste (Health & Safety Code §25201.6). It includes, but is not limited to, recyclers, oil transfer stations, and precious metals recyclers.
The PBR tier allows onsite treatment of non-RCRA and RCRA-exempt hazardous waste (Cal. Code Regulations, title 22, §67450.11). This tier is for more hazardous and higher volume wastestreams and processes than the two lower tiers.
The Conditionally Authorized tier allows onsite treatment of non-RCRA and RCRA-exempt hazardous waste (Health & Safety Code §25200.3). This tier is limited to single-hazard wastes and treatment in the unit cannot exceed 5,000 gallons or 45,000 pounds in a calendar month. However, there is no volume limit for treatment of specified dilute aqueous, acidic, alkaline, or oily wastes.
The Conditionally Exempt tier allows onsite treatment of non-RCRA and RCRA-exempt hazardous waste (Health & Safety Code §25201.S(a) and (c), 25201.14, and 25144.6(c)). This tier is for smaller quantities or less risky waste and treatment methods. It includes the following:
- Conditionally Exempt-Small Quantity Treatment
- Conditionally Exempt-Specified Wastestreams
- Conditionally Exempt-Commercial Laundries
- Conditionally Exempt-Limited