January 2022

About the guidance:

This guidance is a living document created by DTSC to memorialize questions and comments received from permanent household hazardous waste collection facilities (PHHWCF). This document is a product of communications between PHHWCF operators and DTSC staff during several meetings of a workgroup formed to develop a consistent understanding of DTSC hazardous waste control laws and regulations applicable to PHHWCF. Reponses in this document are not intended for enforcement purposes. The guidance is for use by PHHWCF operators and may be periodically revised and updated.

If you are not a HHWCF and would like to know how to manage hazardous waste from your home or eligible small business, go to the DTSC Household Hazardous Waste Website to find out how and where to manage your household or eligible small business hazardous waste.

This guidance does not replace or supersede relevant statutes and regulations. The information contained in this guidance is based upon the statutes and regulations in effect as of the date of this guidance (January 20, 2022). Interested parties should always review the most recent relevant statutes and regulations. The questions and responses of this guidance are intended to be read together as an entire document.

Please see the appendix for a list of abbreviations and acronyms.

Please note, unless otherwise indicated, all citations are from the California Code of Regulations, title 22, division 4.5.

Questions and Responses

Q 1: What are the regulatory requirements applicable to a Permanent Household Hazardous Waste Collection Facility (PHHWCF) deemed to have a Permit by Rule (PBR)?

Response:

The response to this question is presented in the following two tables.
Citations of regulations applicable to PHHWCFs
Citations referred to and exception language in section 67450.25

Q 2:  Does an authorized PHHWCF hold a permit-by-rule (PBR), a permit, or a grant of interim status?

Response:

California has a tiered permitting system consisting of five tiers, arranged in descending order of regulatory oversight: Full Permit, Standardized Permit, PBR, Conditionally Authorized (CA), and Conditionally Exempt (CE). A PHHWCF holds a PBR which is a lower tier permit allowing management and onsite treatment of HHW. PBR is included in the State’s regulatory definition of “Permit” in section 66260.10. However, PBR is a separate and specially designated form of a permit pursuant to section 66270.60.

As such, a PBR for an authorized PHHWCF is neither of the following:

• A full or standardized permit for owners or operators of a hazardous waste transfer, treatment, storage and disposal facility, authorized under chapter 14
• A grant of interim status for owners or operators of a hazardous waste transfer, treatment, storage and disposal facility, authorized under chapter 15

According to section 66270.60 (d)(6), the public agency or its contractor who operates the PHHWCF shall assume all the responsibilities of an operator as specified in sections 67450.25 and 67450.30, and shall be deemed to have a PBR when they comply with:

• Sections 66270.60(d)(6)(A) and 66270.60(d)(6)(C)
• Receive an acknowledgment from a CUPA or authorized agency authorizing operation of the PHHWCF, pursuant to section 66270.60 (d)(6)(B)

An authorized PHHWCF does not go through the extensive permitting process overseen by DTSC found in Chapter 20. Rather, an authorized PHHWCF obtains acknowledgement from a CUPA to operate under PBR. It is not permissible to operate a PHWWCF in a way that extends beyond the scope of its specific regulatory requirements. A PBR is not an authorization granted by DTSC, unless in Imperial or Trinity County (jurisdictions where DTSC acts as the CUPA).

A PHHWCF that has obtained a PBR from a CUPA is required to comply with the requirements for a PHHWCF under the PBR. The PHHWCF receives an acknowledgement from the CUPA or authorized agency, authorizing the operation of the PHHWCF. Please refer to the response to Q 1, above, for the regulatory requirements for a PHHWCF operating under PBR.

Q 3: Must a PHHWCF that operates under a PBR, issued by a CUPA, comply with the labeling requirements in section 66262.34 (f)(1) – (f)(3)?

Response:

First, a PBR is not “issued by a CUPA.”  After the PHHWCF complies with the requirements to notify the CUPA, the CUPA issues an acknowledgment authorizing the operations.  Labeling requirements for PHHWCFs are described in detail in the responses to Q 5 and Q 6 of this guidance.  Please see responses to Q 5 and Q 6, below.

Q 4: Is a PHHWCF that generates greater than 1000 kg per month of hazardous waste and operates under a PBR subject to (1) the 90-day accumulation time limit for generators in section 66262.34(a), or (2) subject to all the rules for Interim Status Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities (TSDFs) pursuant to Chapter 15?

Response to part (1):

An operator of a PHHWCF deemed to have a PBR may store wastes for up to one year from the date of collection according to section 67450.25(a)(6).

Response to part (2):

An operator of a PHHWCF deemed to have a PBR must comply with some, but not all, requirements in chapter 15. Please refer to the response to Q 1, above, for those applicable requirements.

Q 5: What are the labeling and marking requirements for containers of HHW that PHHWCFs receive from the public?

Response:

The owner/operator of a PHHWCF becomes the generator of the hazardous waste upon acceptance of the hazardous waste at the facility and must follow the generator requirements as indicated in Q 1.

A PHHWCF shall appropriately label and mark containers that hold HHW collected from the public during accumulation and storage, and prior to transporting the HHW for ultimate treatment or disposal.  Labeling and marking requirements for PHHWCF as generators of hazardous waste fall into two categories:

• For accumulation and storage of hazardous waste
• For preparation of hazardous waste prior to transport as described in chapter 12

Hazardous Waste Accumulation and Storage Labeling

Containers used for onsite accumulation and storage of hazardous waste shall be clearly marked or labeled and visible for inspection. Containers used for accumulation and storage of hazardous waste at a PHHWCF must meet the container standards as described in response to Q 1.

Pursuant to section 67450.25, HHW received from the public and accumulated at a PHHWCF that is deemed to have a PBR shall be marked or labeled in accordance with requirements in sections 66262.34(f)(1) through (f)(3) for onsite accumulation and storage of hazardous waste.

A PHHWCF, shall meet the labeling and marking requirements pursuant to sections 66262.34(f)(1) through (f)(3) with a hazardous waste label that includes the following:

• The date the applicable accumulation period specified in section 66262.34(a) or 66262.34(d) begins
• The words “Hazardous Waste” and the following information:
  • Composition and physical state of the wastes
  • Statement(s) which calls attention to the hazardous properties of the waste (e.g., flammable, reactive, etc.)
  • Name and address of the PHHWCF

Figure 1. Example Hazardous Waste Accumulation and Storage Label

The descriptions, composition, physical state, and hazardous properties on the label convey practical information to alert employees, transporters, personnel of designated facilities, and emergency responders about the nature of the hazards associated with the contents of the hazardous waste containers.

Examples of Description of Composition or Physical State

PHHWCF may use such words as bleach and liquid, respectively, on a container label to convey the description of the composition and physical state of the contents to handlers during accumulation and storage prior to transport (onsite or offsite). Additional examples to describe composition and physical state include:

• Paint related-materials
• Inorganic acid
• Solid
• Solvents

Examples of Description of Hazardous Properties

In some cases, the hazardous properties or a proper United States Department of Transportation (U.S. DOT) shipping name can be used to describe the composition and hazardous properties, for example:

• “Toxic Liquid”
• “UN1993, Flammable Liquids, n.o.s., 3”
• “UN2794, Batteries, wet, filled with acid, 8”
• “UN1993, flammable liquids, n.o.s., (toluene, acetone), 3, PG II”
• “UN1263, Paint related material, 3, PG III”

The commonly used “yellow label,” as depicted in Figure 2, is an example of a label that when completed properly meets two purposes:

• Labeling requirements for accumulation and storage of hazardous waste
• Labeling requirements prior to transport of hazardous waste

Figure 2. Example Hazardous Waste and U.S. DOT Label

Disclaimer: Please note, this is an example only. This figure was not prepared by DTSC and is for illustration purposes only. An accumulation and storage label does not need to be yellow.

The information circled on the yellow label example in Figure 2 is the minimum requirement for the accumulation and storage of hazardous waste pursuant to 66262.34(f)(1) through (f)(3). There is no color requirement for the label.

Universal Waste Accumulation Label

The owner/operator of a PHHWCF also becomes the handler of universal waste upon acceptance of universal waste at the facility and must follow the applicable requirements of chapter 23, Standards for Universal Waste Management.

A PHHWCF, as a universal waste handler shall label or mark waste containers of universal waste or individual items of universal waste to identify the type of universal waste generated or received.

In California, there are eight categories of wastes subject to regulation as universal wastes pursuant to chapter 23:

• Batteries
• Electronic devices
• Mercury containing equipment
• Lamps
• Cathode ray tubes (CRTs)
• Cathode ray tube glass (CRT glass)
• Aerosol cans, as specified in California Health and Safety Code section 25201.16
• Photovoltaic Modules (PV modules)

A PHHWCF shall be able to demonstrate the length of time that the universal waste has been accumulated from the date it became a waste or was received. A PHHWCF may place the universal waste in a specific accumulation area and mark or label the area to identify the earliest date that any universal waste in the area became a waste or was received. See section 66273.35(b)(5).

In lieu of labeling individual electronic devices, CRTs, and/or containers of CRT glass, a PHHWCF may use a designated area demarcated by boundaries that are clearly labeled with the applicable portion(s) of the following phrase: “Universal Waste-Electronic Device(s)/Universal Waste -CRT(s)/Universal Waste-CRT Glass.” See section 66273.34(h). A PHHWCF must still be able to identify the accumulation start date of the universal waste within such a designated area.

Unlike the hazardous waste label in Figure 1, the universal waste labeling requirements do not include the composition, physical state, or hazardous properties of the universal waste as part of the label. See Figure 3 for an example of a universal waste accumulation label.

Figure 3. Example Universal Waste Accumulation Label

Disclaimer: Please note, this is an example for illustration purposes only.

Hazardous Waste Shipping and Marking Requirements

Before transporting HHW or offering HHW for transport offsite, HHW shall be packaged, labeled, and marked in accordance with the applicable U.S. DOT shipping and marking regulations as described in sections 66262.30 through 66262.33. These shipping and marking regulations are written in accordance with U.S. DOT regulations under 49 Code of Federal Regulations part 172.

Table 1: Shipping and Marking Requirements

In addition to the labeling requirements for the accumulation and storage of hazardous waste, the minimum information needed for shipping and marking of hazardous waste prior to transport is found in section 66262.32 (b). The specific PHHWCF information required for shipping and marking, is as follows:

• The statement: “HAZARDOUS WASTE-State and Federal Law Prohibit Improper Disposal. If found, contact the nearest police or public safety authority, the U.S. Environmental Protection Agency or the California Department of Toxic Substances Control”
• PHHWCF name and address
• PHHWCF identification number
• Manifest tracking number

If the shipping label replaces the accumulation and storage label, the original information placed on the accumulation and storage label must be preserved, including the original accumulation date. For example, if the PHHWCF replaces a hazardous waste accumulation and storage label with a shipping and marking label to be used for transport, the PHHWCF must transfer the original accumulation date from the accumulation and storage label onto the new shipping label. Required shipping and marking requirements prior to transport include:

• Refer to U.S. DOT hazardous materials table in 49 Code of Federal Regulations part 172, subpart E for labeling
• Labels affixed to package near proper shipping name marking
• Appropriate hazard class or division number displayed on label

Examples of U.S. DOT required warning labels and placards are in Figure 4 and 5.

Figure 4. U.S. DOT Hazardous Materials Warning Labels

Disclaimer: Please note, this is an example for illustration purposes only.

Figure 5. U.S. DOT Hazardous Materials Warning Placards

Disclaimer: Please note, this is an example for illustration purposes only.

Offsite Shipment of Universal Waste

As described in section 66273.38 universal waste that meets the definition of hazardous material pursuant to 49 Code of Federal Regulations parts 171 through 180, that is being offered for offsite transportation, by the PHHWCF shall be packaged, labeled, marked and placarded for the shipment and shall have shipping papers prepared according to U.S. DOT regulations pursuant to 49 Code of Federal Regulations parts 172 through 180.

U.S. DOT requires universal waste batteries, or a container in which the batteries are contained, to have proper shipping names for transportation, and any appropriate hazard class labels which may apply (i.e., corrosive or Class 8). The accumulation labels for some universal wastes may suffice for offsite transportation.

Use of Large Containers to Accumulate Small Containers of Hazardous Waste

If an individual container of HHW is too small to be labeled with the words “hazardous waste” or it is more convenient to place HHW in a larger container for accumulation and storage, the PHHWCF may use a larger container that meets the container standards to accumulate the smaller containers of hazardous waste. Some examples of such waste received at the PHHWCF may include vials, tubes, nail polish, cans, bottles, etc. The larger container used to accumulate hazardous waste must meet the requirements of chapter 15, article 9, including the requirement that the larger container shall always be closed during transfer and storage, except when it is necessary to add or remove waste. The larger container shall also be marked or labeled in accordance with the requirements in sections 66262.34(f)(1) through (f)(3). See Figure 2 for an illustration of labeling containers of hazardous waste.

If an individual container of hazardous waste is received from the public and is not placed inside a larger container, the individual container shall be marked or labeled in accordance with requirements in sections 66262.34(f)(1) through (f)(3). See Figure 6 for an illustration of how to mark and label containers of hazardous waste.

Figure 6. Illustration of Marking and Labeling of Hazardous Waste Containers

Disclaimer: Please note, this illustration was developed by the workgroup for this guidance only.

Q 6: What are the packaging, labeling, and marking requirements for containers of hazardous waste at different hazardous waste management stages at a PHHWCF?

Response:

The packaging, labeling, and marking requirements for containers of hazardous waste at a PHHWCF are presented below.

Accumulation of Hazardous Waste Requirements

Acceptance of hazardous waste at a PHHWCF occurs at the receiving area. The hazardous waste is then taken to the sorting area and/or storage area. Upon accepting HHW, a container of HHW is to be labeled with the information required for onsite accumulation of hazardous waste or placed in a container labeled with the information required for onsite accumulation of hazardous waste as indicated in Q 5.

A container is defined in section 66260.10 as:

“Container” means any device that is open or closed, and portable in which a material can be stored, handled, treated, transported, recycled or disposed of.

Container management standards for PHHWCFs which transfer or store containers of hazardous waste are found in section 67450.25(a)(2)(F) that refers to chapter 15, article 9. Those requirements are:

• Containers are in good condition (§66265.171)
• Containers are compatible with the hazardous waste being held (§66265.172)
• Containers are closed except when adding or removing waste [§66265.173 (a)]
• Containers are not handled in a manner to cause rupture or leakage [§66265.173 (b)]
• Containers reused for transportation shall comply with U.S. DOT regulations, including 49 Code of Federal Regulations section 173.28 [§66265.173 (b)]
• Containers are inspected weekly for leaks/deterioration (§66265.174)
• Containers holding ignitable and reactive wastes are more than 15 meters (50 feet) from the property line (§66265.176). This minimum distance may, at the discretion of the PHHWCF, be less than 15 meters (50 feet) from the facility’s property line if specific requirements are met pursuant to section 67450.25(a)(2)(F).
• Containers meet special requirements for incompatible wastes (§66265.177)
• Applicable air emission standards are met (§66265.178)

Packaging and Pre-transport/ U.S. DOT Requirements

Before transporting hazardous waste or offering hazardous waste for transportation off-site, a PHHWCF shall package, label, and mark the waste in accordance with the applicable U.S. DOT regulations on packaging under 49 Code of Federal Regulations parts 172, 173, 178 and 179, as described in chapter 12, article 3, commencing with section 66262.30.

Q 7: Does a shelf inside a locker at a PHHWCF qualify as a container used to accumulate HHW?

Response:

A shelf inside a locker does not meet the definition of a container. A container is defined in section 66260.10 as any device that is open or closed, and portable in which a material can be stored, handled, treated, transported, recycled or disposed of. A shelf inside a locker does not meet the definition of container because the shelf:

• Is not portable
• Cannot be closed
• Cannot meet the air emission containment standards

Additionally, HHW cannot be treated, transported, recycled, or disposed of in or on the shelf inside a locker.

HHW stored in a locker that meets the containment system requirements in section 66264.175(b) would need to be individually labeled or put into larger labeled containers. These labeled containers could then be stored in a locker that meets the containment system requirements in section 66264.175. Please see the responses to Q 1 and Q 5 for a discussion of the requirements for containers for hazardous waste.

At this time, DTSC is not aware of a shelf system that is designed to meet the requirements of a container. Any container used for the accumulation and storage of hazardous waste must meet the definition and standards set forth in regulation as discussed in the responses to Q 1 and Q 5. Containers are to be evaluated by facility personnel to ensure that each container meets the applicable definition and standards.

Q 8: Can a “roll off” bin be used as a container to accumulate HHW?

Response:

“Roll off” bins are designed with various means of closing and containing wastes. Some “roll off” bins are manufactured with lids that open and close. Regardless of design, size or shape, a container used for the accumulation and storage of hazardous waste must meet the regulatory requirements for containers pursuant to section 67450.25 (a)(2)(F), which refers to chapter 15, article 9. Please see the responses to Q 1 and Q 5 for further discussion of container requirements.

Q 9: Can a locker with one or more compartments that a PHHWCF uses to accept HHW for temporary storage be used as a containment system to accumulate various types of HHW received at a PHHWCF?

Response:

A locker that meets the containment system standards, as referenced below in Q 10, is an example of a containment system used to accumulate hazardous waste at a PHHWCF. Pursuant to section 67450.25 (a)(1) a locker that meets the containment system standards in section 66264.175 can be used to accumulate HHW.

Q 10: Are lockers or storage units considered containment buildings?

Response:

The PHHWCF operator or owner is responsible for determining whether a locker or storage unit meets the requirements of a containment building. The design and operating standards for PHHWCF which store hazardous waste in containment buildings are specified in chapter 15, article 29 (Containment Buildings) commencing with section 66265.1100. DTSC encourages operators to consult with storage unit manufacturers and designers to evaluate whether the product information indicates that each storage unit used as a containment building meets the regulatory requirements of chapter 15, article 29.

A PHHWCF is not required to use lockers or storage units as containment buildings, however, all hazardous waste must be managed to ensure proper storage and labelling.

Q 11: The registered hazardous waste transporter who picks up aerosol can waste from a PHHWCF requested that the operator separate aerosol cans that exhibit toxic characteristics from the ones that exhibit ignitable characteristics. Are toxic and ignitable aerosol cans incompatible with each other?

Response:

The hazardous wastes contained in aerosol cans may or may not be incompatible. It is the responsibility of the PHHWCF to determine whether individual hazardous wastes are incompatible. Incompatible wastes are defined in section 66260.10 as:

“Incompatible waste” means a hazardous waste which is unsuitable for:
(a) placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or
(b) commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases or flammable fumes or gases. (See Appendix V to chapter 15 of this division for examples.)

As described in the responses to Q 1 and Q 5, PHHWCFs must comply with the container standards in chapter 15, article 9. These standards include section 66265.177 (Special Requirements for Incompatible Wastes) which prohibits incompatible wastes from being placed in the same container unless the PHHWCF complies with section 66265.17(b). Section 66265.17(b) states:

(b) Where specifically required by other sections of this chapter, the transfer, treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, shall be conducted so that it does not:
(1) generate extreme heat or pressure, fire or explosion, or violent reaction;
(2) produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;
(3) produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
(4) damage the structural integrity of the device or facility containing the waste; or
(5) through other like means threaten human health or the environment.

It is the responsibility of the PHHWCF operator to evaluate the incompatibility of hazardous waste accepted at their facility and to comply with the container management requirements in the sections referenced above. Before transporting HHW or offering HHW for transport offsite, HHW shall be packaged, labeled, and marked in accordance with the applicable U.S. DOT shipping and marking regulations as described in sections 66262.30 through 66262.33. In compliance with the above referenced U.S. DOT shipping regulations, certain hazardous wastes may require segregation during preparation for transport. Additionally, it is the understanding of DTSC that various hazardous waste transporters and destination facilities request that certain hazardous wastes be segregated during preparation for transport based on individual waste profiles, although this is not a requirement of hazardous waste accumulation and management at the PHHWCF.

Q 12: An operator manages several PHHWCFs within the same jurisdiction. One of the PHHWCF locations, which is also the site of a registered hazardous waste transporter, is a central consolidation location for the remaining PHHWCFs. HHW from the remaining PHHWCFs is transported by this transporter, under manifest, to the central consolidation PHHWCF for consolidation and packaging before the HHW is shipped off-site for final disposition. Are PHHWCFs allowed by statute or regulation to transport HHW between PHHWCF or operate as a transfer facility?

Response:

Pursuant to Health and Safety Code section 25218.5, a PHHWCF is authorized to accept hazardous waste from: individuals (i.e., households) and Conditionally Exempt Small Quantity Generators (CESQGs) who self-transport the waste they generate; curbside HHW collection programs; mobile HHW collection facilities; temporary HHW collection facilities; recycle-only HHW collection facilities; door-to-door HHW collection programs; HHW residential pickup services; and registered hazardous waste transporters carrying hazardous waste generated by CESQGs, hazardous waste from solid waste landfill loadcheck programs, or hazardous waste disposed of in violation of the chapter (e.g., abandoned or illegally disposed) being removed under oversight of a public agency.

A PHHWCF that is also a registered hazardous waste transporter could operate an Exempt Transfer Facility as a hazardous waste transporter, provided that the transporter complies with the requirements for operating a separate Exempt Transfer Facility pursuant to section 66263.18. Holding hazardous waste at an Exempt Transfer Facility during the normal course of transportation would require the shipment of manifested hazardous waste from a PHHWCF to a designated permitted Treatment Storage or Disposal Facility other than the PHHWCF where the Exempt Transfer Facility is located. Operating an Exempt Transfer Facility would require separation of PHHWCF operations from the operations of the Exempt Transfer Facility, including separation of the receipt and accumulation of hazardous waste at the PHHWCF from the hazardous waste being held during the normal course of transportation at the Exempt Transfer Facility operated pursuant to section 66263.18.

Q 13: Are hazardous wastes generated by households or CESQGs and received at a PHHWCF a RCRA or non-RCRA hazardous waste?

Response:

HHW is excluded from regulation under the Resources Conservation and Recovery Act (RCRA) pursuant to 40 Code of Federal Regulations section 261.4(b)(1). However, California did not adopt this exclusion and only exempts the generator of HHW (i.e., the owner of the household) from complying with generator standards pursuant to section 66262.10(i). HHW generated in California is regulated as non-RCRA hazardous waste.

Q 14: Can a registered hazardous waste transporter carrying hazardous waste from a solid waste or transfer facility load check program under agreement with the PHHWCF obtain a variance from DTSC to exempt the PHHWCF from the hazardous waste manifest requirements?

Response:

A registered hazardous waste transporter can transport hazardous waste generated from a solid waste load check program or transfer facility load check program to an authorized PHHWCF under an agreement with that PHHWCF pursuant to Health and Safety Code section 25218.5(a)(1)(G). If the landfill or transfer facility qualifies as a CESQG then the transporter is exempt from the requirement for possession of a manifest pursuant to Health and Safety Code section 25218.4.

The transportation variances described in chapter 13, article 4 (Regulatory Exemptions for Certain Transportation Operations) include exemptions for Emergency Response Incident Operations, PCB Waste Operations, Consolidation Operations, and Small Load Operations. These transporter regulatory variances do not include a variance type for hazardous waste generated from a load check program and transported under agreement to a PHHWCF pursuant to Health and Safety Code section 25218.5(a)(1)(G). However, it is possible to apply for a variance under Health and Safety Code section 25143. These variance applications are evaluated and issued individually and on a case-by-case basis; these are valid for a period of one year with the possibility of an additional one-year extension.

Appendix I

Contact Information for Additional Questions

If you have any questions about this guidance or other questions about household hazardous waste collection facilities, please email hhwcf@dtsc.ca.gov.

 Workgroup Activities

• In response to request from the HHWCF workgroup about hazardous waste characterization for LED lighting Products, DTSC is sharing the Part 3: LED Environmental Testing of the Life-Cycle Assessment of Energy and Environmental Impacts of LED Lighting Products, prepared by the U.S. Department of Energy.