California is renowned for its innovation, vibrant economy, and unwavering commitment to environmental protection.
For businesses operating here, this commitment translates into some of the nation’s most comprehensive and stringent hazardous waste regulations.
While federal guidelines provide a foundation, California’s unique laws often exceed these guidelines, creating a complex landscape that demands meticulous attention to detail.
HWH Environmental understands that navigating this set of rules feels like a full-time job. Our mission is to simplify hazardous waste management for your California business.
What is Considered Hazardous Waste in California?
The bedrock of hazardous waste regulation, both federally and in California, is the Resource Conservation and Recovery Act (RCRA).
Under RCRA, a waste is classified as hazardous if it’s specifically listed by the Environmental Protection Agency (EPA) or if it exhibits one of four characteristics: ignitability (it can catch fire), corrosivity (it can corrode metal), reactivity (it’s unstable or explosive), or toxicity (it’s harmful when ingested or absorbed).
California incorporates all federal RCRA hazardous wastes into its own Title 22 regulations, meaning that anything hazardous under federal law is also considered hazardous in California.
However, California often expands upon these federal definitions, regulating additional waste streams and imposing stricter standards. Here are some critical California-specific distinctions:
- Used Oil and Contaminated Materials: In California, used oil and any materials containing or contaminated with used oil are typically regulated as hazardous wastes, even if they don’t exhibit any of the federal hazardous waste characteristics.
- “Empty” Hazardous Waste Containers: California’s definition of an “empty container” is significantly stricter than the federal standard. It includes a “drip dry” standard, meaning virtually all material must be removed by practicable means for the container to be considered empty and exempt from hazardous waste requirements.
- Mixtures of RCRA Wastes: While federal law may exempt mixtures if a hazardous characteristic is no longer present, in California, mixtures of non-RCRA and RCRA wastes are still considered hazardous wastes.
- Universal Waste: California has more rigorous universal waste laws than federal standards, encompassing a wider range of everyday items that contain hazardous substances. This includes electronic waste (e-waste), such as old televisions, computers, and cell phones, as well as batteries, fluorescent lamps, mercury-containing equipment, and non-empty aerosol cans.
These items are banned from regular trash disposal and must be recycled properly.
Your responsibility as the generator begins with accurately determining the waste. You must classify all solid waste at the point of generation, evaluating it against both federal and state definitions of solid waste.
The Department of Toxic Substances Control (DTSC) provides guidance and training to assist with these crucial classifications.
Hazardous Waste Generator Categories in California’s
The quantity of hazardous waste your business generates in a calendar month dictates your generator status, which in turn determines your specific regulatory obligations.
Very Small Quantity Generator (VSQG)
Federally, VSQGs (generating less than 220 pounds/100 kg of hazardous waste per month) have reduced requirements.
However, there is no distinct VSQG category in California with reduced requirements.
Businesses generating less than 100 kg of non-acute hazardous waste and less than 1 kg of acutely hazardous waste per month are treated as Small Quantity Generators (SQGs) and must comply with SQG regulations.
This means even the smallest hazardous waste generators in California face more stringent compliance obligations.
Small Quantity Generator (SQG)
You generate less than 2,200 pounds (1,000 kg) of hazardous waste per month (excluding universal wastes) and/or 2.2 pounds (1 kg) or less of acutely or extremely hazardous waste per month.
Obligations
SQGs must obtain an EPA ID number (and potentially a state ID for non-RCRA hazardous waste).
They can accumulate hazardous waste on-site for up to 180 days (or 270 days if shipping over 200 miles) without a permit, provided the quantity never exceeds 13,200 pounds (6,000 kg).
They must also comply with hazardous waste manifest requirements and pre-transport rules, manage waste in compliant containers or tanks, and meet preparedness and prevention requirements.
SQGs of RCRA hazardous waste must re-notify DTSC every four years, starting in 2024.
Large Quantity Generator (LQG)
You generate 2,200 pounds (1,000 kg) or more of non-acute hazardous waste per month or more than 2.2 pounds (1 kg) of acutely or extremely hazardous waste per month.
Obligations
LQGs also need an EPA ID number and must complete the annual eVQ (see below).
They may only accumulate waste on-site for 90 days, with no limit on the amount collected.
LQGs have the most stringent requirements for waste management in containers, tanks, drip pads, or containment buildings, and must comply with comprehensive preparedness, prevention, and emergency procedures.
They are also required to submit a biennial report on hazardous waste. New LQGs must develop and submit a Quick Reference Guide (QRG) summarizing their contingency plan for emergency responders.
LQGs of RCRA hazardous waste must re-notify DTSC by March 1st of each even-numbered year, starting in 2026.
Reporting and Recordkeeping for Hazardous Waste in California
California places a strong emphasis on accurate and timely reporting to the Department of Toxic Substances Control (DTSC).
EPA ID Number Verification Questionnaire (eVQ) is a mandatory annual online process for all hazardous waste handlers with an active EPA ID number in California.
The eVQ verifies the accuracy of your hazardous waste information and is essential for maintaining the active status of your ID number.
Failure to submit can lead to ID deactivation and penalties. The eVQ is typically due by March 31st each year.
Facilities that transport, store, or dispose of hazardous waste (TSDFs) and LQGs must submit an Annual Facility Report (AFR).
LQGs are also required to submit a Biennial Report to the DTSC by March 1st of each even-numbered year, detailing hazardous wastes generated in the previous calendar year.
Both reports are submitted through the federal RCRAInfo system.
All off-site shipments of hazardous waste in California must be accompanied by the EPA’s Uniform Hazardous Waste Manifest.
The manifest must include the state or EPA ID numbers of facilities and the generator’s address.
Generators must send a legible copy of the manifest to the DTSC within 30 days of each shipment, unless a fully electronic manifest is used.
If a signed copy of the manifest is not received back from the receiving facility within specified timeframes (35-60 days, depending on generator size), an Exception Report must be filed with the DTSC.
Electronic manifests (e-Manifest) are allowed and encouraged.
Generators must keep a signed copy of the manifest for at least three years from the date the initial transporter accepted the waste.
Copies of Biennial Reports, Exception Reports, and records of test results or waste analyses must also be retained for a minimum of three years.
Storage and Labeling Hazardous Waste in California
Proper storage and labeling of hazardous waste containers and tanks are critical for safety and compliance in California.
Containers must be in good condition, compatible with their contents, and kept closed except when actively adding or removing waste. They must be managed to avoid rupture or leaks.
Labels must be written and visible, including:
- The words “Hazardous Waste”.
- The composition and physical state of the waste.
- An indication of the hazards of the contents (e.g., flammable, corrosive, reactive, toxic).
- The name and address of the generator.
- The accumulation start date.
All hazardous waste generators in California are required to conduct weekly inspections of their storage areas for spills and deteriorating containers.
Waste can be accumulated at or near the point of generation in a “satellite accumulation area” up to 55 gallons of hazardous waste or 1 quart of acutely hazardous waste.
Once these limits are reached, the waste must be moved to the 90/180-day accumulation area within 3 days.
Managing Specific Waste Streams in California
California has tailored regulations for many common waste streams.
Used Oil
As mentioned, used oil and materials contaminated with it are typically regulated as hazardous waste in California.
Proper disposal is crucial, and certified used oil collection centers are available throughout the state.
Containers must be labeled “Used Oil.”
Paint Waste
California classifies oil-based paint waste as hazardous, and latex paint waste is presumed hazardous.
Both are managed under the state’s comprehensive PaintCare Program.
This program, funded by a fee on new paint sales, provides convenient drop-off sites at retail stores and other locations where households and qualifying businesses can recycle unwanted paint for free.
It’s illegal to dry out latex paint and dispose of it in the trash in California; all leftover paint, including dried paint, must be taken to a PaintCare drop-off location.
Paint thinners, mineral spirits, solvents, and aerosol paints are generally not accepted by PaintCare and must be managed separately as hazardous waste.
Solvent Waste
Solvents are often ignitable or toxic, hazardous wastes.
While they must generally be managed as hazardous waste, California does permit on-site solvent recycling for automotive refinishing shops under specific conditions, which can help reduce regulatory burdens and disposal costs.
Battery Disposal
California has strict recycling mandates for various types of batteries, making it illegal to dispose of many common batteries (like alkaline, lithium, and button cell batteries, as well as rechargeable batteries) in the regular trash due to their hazardous components (mercury, lead, cadmium).
These are typically managed as universal waste, which simplifies their collection and recycling but still requires specific labeling (“Universal Waste – Batteries”) and management practices.
Hand Sanitizer
Due to its high alcohol content, excess alcohol-based hand sanitizer is generally considered a hazardous material and often a hazardous waste in California because of its ignitability. It is strictly prohibited to pour alcohol-based hand sanitizer down the drain or dispose of it in the garbage.
Businesses handling 55 gallons or more of liquid or gel alcohol-based hand sanitizer may be required to submit a Hazardous Materials Business Plan (HMBP) through the California Environmental Reporting System (CERS).
While recycling under the Industrial Ethyl Alcohol Exemption is an option, it must be properly managed and disposed of as a hazardous waste by a registered transporter at a permitted facility if not recycled.
Gasoline
As a highly ignitable substance, gasoline waste requires proper hazardous waste disposal in California. Businesses should utilize licensed hazardous waste haulers for the safe removal of hazardous waste.
Consequences of Non-Compliance
California’s regulatory agencies, particularly the Department of Toxic Substances Control (DTSC), are vigilant in enforcing hazardous waste laws. Non-compliance can lead to severe legal and financial repercussions:
California has significantly increased its maximum daily penalties for improper disposal of hazardous waste.
Fines can now reach up to $70,000 per day per violation, depending on the potential harm and the extent of deviation from the requirements.
Improper disposal can lead to costly clean-up actions, legal battles, and even criminal charges, including incarceration, depending on the severity of the violation.
Improper treatment or storage of hazardous waste on-site can inadvertently classify your facility as a Treatment, Storage, and Disposal Facility (TSDF), requiring an additional, complex permit from the Department of Toxic Substances Control (DTSC).
Remember, as the generator, you maintain ultimate responsibility for your hazardous waste from its creation to its final disposal, even when using third-party haulers.
Partner with HWH Environmental, Your California Hazardous Waste Experts
The complexities of California’s hazardous waste regulations are undeniable. From unique waste definitions and stricter generator requirements to mandatory annual reporting and substantial penalties, navigating this landscape requires specialized knowledge and unwavering diligence.
At HWH Environmental, we are more than just a hauling company; we are your dedicated partners in environmental compliance. We provide fast, affordable, and fully compliant hazardous waste disposal services across California.
Contact HWH Environmental today at 1-877-777-6708 or email us to schedule a personalized consultation and receive a complimentary quote.
