California DTSC Plans New Hazardous Waste Rules

The California Department of Toxic Substances Control (DTSC) held its Office of Policy 2025 Regulatory Priorities webinar on April 30. During the webinar, DTSC officials provided details on eight planned hazardous waste rulemaking actions that the department aims to complete in the near future. The webinar covered DTSC's plans to take action on specific topics/rulemakings:

• Conditional Exemption for Undeployed Airbags
• Manifest Exemption for Contiguous Properties
• Industrial Ethyl Alcohol Exemption
• e-Manifest Third Rule
• Adoption of K-Listed Wastes for Certain Industries
• Manufactured Gas Plant Waste Exclusion
• Pharmaceuticals Rule
• Generator Improvements Rule – Phase 2

Conditional Exemption for Undeployed Airbags

DTSC plans to permanently adopt the "emergency" conditional exclusion for undeployed airbags, which recently expired (on March 6, 2025).

DTSC address the expiration of the emergency rule on its website, saying:
  

"There is currently a lapsed period between the expiration of the emergency regulations and before the permanent adoption of the conditional exemption provisions. During the lapsed period, undeployed airbag waste that are hazardous are no longer exempt from hazardous waste management requirements and are to be managed under full hazardous waste management standards."

More information about management of airbag waste can be found on DTSC's dedicated webpage.

Manifest Exemption for Contiguous Properties

California plans to adopt 40 CFR 262.20(f) from the Federal hazardous waste regulations, as is. Paragraph (f) provides an exception to the Hazardous Waste Manifest requirements for: 
 

“the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way…”

While a Manifest is not required for transportation in this scenario, the generator or transporter still must meet their responsibilities in the event of a release; iimmediate action must be taken to protect human health and the environment and the transporter must cleanup any hazardous waste discharge (40 CFR 263.30 and 263.31).

Industrial Ethyl Alcohol Exemption

California’s Department of Toxic Substances Control (DTSC) recently readopted, until July 8, 2025, an emergency regulation that exempts industrial ethyl alcohol from the hazardous waste regulations when it is reclaimed. The emergency rule was first approved in October 2024 to address stockpiles of ethyl alcohol left over from production of alcohol-based hand sanitizer during the COVID-19 pandemic.

DTSC’s goal now is to make this a permanent rule.  

e-Manifest Third Rule

The US EPA’s “Third Rule” concerning electronic Hazardous Waste Manifests (e-Manifests) revised the RCRA regulations for documenting the import and export of hazardous waste. In effect as of January 22, 2025, the third e-manifest rule also updates regulations for manifest discrepancy reports, exception reports, and unmanifested waste reports, and updates the manifest rules for polychlorinated biphenyls (PCBs). These manifest-related updates from the "third rule" are mandatory updates for California.

Adoption of K-Listed Wastes for Certain Industries

DTSC plans to adopt various hazardous waste “K-codes” from the Federal RCRA regulations, and the associated LDR treatment standards, for hazardous wastes generated by these industries: 

• Petroleum Refining (K169, K170, K171, K172)
• Inorganic Chemical Manufacturing (K176, K177, and K178)
• Dye/pigment Manufacturing (K181)

RCRA K-codes identify hazardous waste from specific industry sectors and are listed at 40 CFR 261.32.

Manufactured Gas Plant Waste Exclusion

California proposes to amend 22 CCR 4.5 66261.24(a)(1) to exclude "manufactured gas plant waste” from being characterized as hazardous waste due to the toxicity characteristic. The planned exclusion will apply to RCRA wastes only, and will not apply to California-only or "non-RCRA" hazardous wastes.

The Federal RCRA regulations already exclude manufactured gas plant waste from the toxicity characteristic criteria found in 40 CFR 261.24.

Hazardous Waste Pharmaceuticals Rule

California may adopt part or all of EPA's Hazardous Waste Pharmaceuticals Rule. Finalized in 2019, this RCRA rule created unique management standards for "hazardous waste pharmaceuticals" to address the challenge of handling pharmaceutical products for hospitals, doctors' offices, vet clinics, care facilities, and others who handle these types of waste.

The rulemaking introduced regulatory relief for pharmaceuticals. To qualify for relief, generators/handlers must comply with detailed requirements related to hazardous waste determinations, on site storage, labeling, employee training, reporting, records, and more. 

Generator Improvements Rule – Phase 2

California's DTSC substantially revised the State hazardous waste regulations in 2024 to adopt mandatory provisions from US EPA’s Generator Improvements Rule. This included re-organizing the regulations for generators in 22 CCR Part 66262, adding new requirements related to container management, contingency plans, site notifications, site closure, managing waste in satellite areas, and more. 

The EPA’s Generator Improvements Rule also made several rule updates that provided new relief for generators, and are therefore not mandatory for DTSC to adopt. “Optional” provisions from the Rule that DTSC may adopt include revisions related to: 

• Hazardous waste determinations and recordkeeping
• Relief for episodic generation in cases of unexpected spills, etc. 
• Storage of ignitable and reactive wastes 
• Consolidation of hazardous waste at certain facilities 

DTSC also aims to clarify the requirements for notifications and reporting, mixing wastes, and more as part of “phase two” of adopting and implementing the RCRA Generator Improvements Rule.