Cal. Code Regs. Tit. 22, § 66273.32 - USEPA Notification, Department Notification, and Reporting Requirements for Universal Waste Handlers

(a) USEPA notification requirements.

(1) Except as provided in subsections (a)(2) and (b) of this section, a universal waste handler shall have sent written notification of universal waste management to the Regional Administrator, and received a federal ID Number, before accumulating 5,000 kilograms of universal waste.

(2) A universal waste handler who has already notified the USEPA of the universal waste handler's hazardous waste management activities and has received an EPA Identification Number is not required to renotify pursuant to this section.

(b) A universal waste handler who accumulates 5,000 kilograms of universal waste, but who would not be required to notify the Regional Administrator pursuant to 40 Code of Federal Regulations section 273.32(a)(1) because the universal wastes handled are non-RCRA hazardous waste shall obtain an ID Number, as defined in section 66260.10, from the Department.

(c) Department notification requirements for universal waste handlers of electronic devices, CRTs, and CRT glass.

(1) Any universal waste handler who might accept and accumulate, but not treat, any electronic device, CRT, and/or CRT glass from an offsite source shall submit to the Department at the address given in subsection (g) or (h) of this section, an electronic or written notification containing the information specified in subsection (c)(2) of this section no later than 30 calendar days prior to accepting any electronic device, CRT and/or CRT glass.

(2) This notification shall include:

(A) Name of universal waste handler (If the facility owner is different than the facility operator, also include the owner's name.);

(B) ID Number of the universal waste handler, if applicable;

(C) Telephone number of universal waste handler;

(D) Mailing address of universal waste handler, and physical address, including county, if different from the mailing address;

(E) Name of the contact person at the universal waste handler's site who should be contacted regarding universal waste management activities;

(F) Telephone number of the contact person;

(G) An e-mail address for the contact person or organization, if available;

(H) The types of electronic devices, CRTs, and/or CRT glass expected to be handled;

(I) The sources of the electronic devices, CRTs, and/or CRT glass (i.e., residential collections, business asset recovery, other collectors, etc.); and

(J) A statement indicating whether the universal waste handler might accumulate 5,000 kilograms or more of universal waste at one time.

(3) Notifications made pursuant to this subsection shall be made for each location at which the universal waste handler accepts or accumulates electronic devices, CRTs and/or CRT glass from an offsite source.

(d) Annual reporting requirements for universal waste handlers of electronic devices, CRTs, and CRT glass.

(1) A universal waste handler that accepts more than 100 kilograms (or 220 pounds) of electronic devices, CRTs, and CRT glass calculated collectively, from any offsite sources in a calendar year shall, by February 1 of the following year, submit to the Department at the address given in subsection (g) or (h) of this section, an electronic or written annual report containing the information specified in subsection (d)(3) of this section. The information submitted pursuant to this subsection (d)(1) shall cover the electronic-device-handling, CRT-handling, and CRT-glass-handling activities conducted during the previous calendar year.

(2) A universal waste handler that generates 5,000 kilograms (or 11,000 pounds; e.g., about 200 CRTs) or more of electronic devices, CRTs, and CRT glass calculated collectively, in a calendar year shall, by February 1 of the following year, submit to the Department at the address given in subsection (g) or (h) of this section, an electronic or written annual report containing the information specified in subsection (d)(3) of this section. The information submitted pursuant to this subsection (d)(2) shall:

(A) Identify the electronic device-handling, CRT-handling, and CRT glass-handling activities conducted during the previous calendar year; and

(B) Include [in addition to the information specified in subsection (d)(3) of this section] the types of universal wastes (i.e., electronic devices, CRTs, and/or CRT glass calculated collectively) that the universal waste handler accumulated.

(3) This annual report shall include:

(A) Name of universal waste handler;

(B) ID Number of the universal waste handler, if applicable;

(C) Telephone number of universal waste handler;

(D) Mailing address of universal waste handler, and physical address, including county, if different from the mailing address;

(E) Name of the contact person at the universal waste handler's site who should be contacted regarding universal waste management activities;

(F) Telephone number of the contact person;

(G) An e-mail address for the contact person or organization, if available;

(H) The types of electronic devices, CRTs, and CRT glass handled;

(I) The following quantities handled, which include any quantities handled but not shipped:

1. The total quantity of electronic devices that are also CRT devices (count), handled during the previous calendar year;

2. The total quantity of CRTs (count) handled during the previous calendar year;

3. The total quantity of CRT glass (weight) handled during the previous calendar year; and

4. The total quantity of electronic devices that are not also CRT devices (count or weight) handled during the previous calendar year;

(J) A list consisting of:

1. The name, address, and telephone number for each of the locations to which the universal waste handler shipped electronic devices, CRTs, and CRT glass during the previous calendar year; and

2. The following quantities shipped to each of those locations:

a. The total quantity of electronic devices that are also CRT devices (count), shipped to that location during the previous calendar year;

b. The total quantity of CRTs (count) shipped to that location during the previous calendar year;

c. The total quantity of CRT glass (weight) shipped to that location during the previous calendar year; and

d. The total quantity of electronic devices that are not also CRT devices (count or weight) shipped to that location during the previous calendar year;

(K) Whenever necessary, a universal waste handler who utilizes a mass-based inventory system to quantify electronic devices that are also CRT devices, CRTs, and electronic devices that are not also CRT devices, may convert mass data to count data through application of an appropriate conversion factor (e.g., 30 pounds per CRT) to fulfill the annual reporting requirement of subsection (d) of this section. A universal waste handler who performs such a data conversion(s) shall indicate that the count data were derived from mass data and shall include the conversion factor(s) used, in the annual report.

(e) Department notification requirements for universal waste handlers of PV modules.

(1) Any universal waste handler who might accept and accumulate, but not treat, any PV modules from an offsite source shall submit to the Department, at the address given in subsection (h) of this section, a written notification containing the information specified in subsection (e)(2) of this section no later than 30 calendar days prior to accepting any PV modules.

(2) This notification shall include:

(A) Name of the universal waste handler (If the facility owner is different than the facility operator, also include the owner's name);

(B) ID Number of the universal waste handler, if applicable;

(C) Telephone number of the universal waste handler;

(D) Mailing address of the universal waste handler, and physical address, including county, if different from the mailing address;

(E) Name of the contact person at the universal waste handler's site who should be contacted regarding universal waste management activities;

(F) Telephone number of the contact person;

(G) An email address for the contact person or organization, if available;

(H) The type(s) of PV modules expected to be handled, if known (e.g., crystalline silicon, thin film, etc.);

(I) The sources of the PV modules if known (i.e., residential collections, business asset recovery, other collectors, etc.); and

(J) A statement indicating whether the universal waste handler might accumulate 5,000 kilograms or more of universal waste at one time.

(3) Notifications made pursuant to this subsection shall be made for each location at which the universal waste handler accepts or accumulates PV modules from an offsite source, i.e., the handler's facility.

(f) Annual reporting requirements for universal waste handlers of PV modules.

(1) A universal waste handler that accepts more than 100 kilograms (or 220 pounds) of PV modules from any offsite sources in a calendar year shall, by February 1 of the following year, submit to the Department, at the address given in subsection (h) of this section, a written annual report containing the information specified in subsection (f)(3) of this section. The information submitted pursuant to this subsection shall cover the PV module-handling activities conducted during the previous calendar year.

(2) A universal waste handler that generates 5,000 kilograms (or 11,000 pounds) or more of PV modules in a calendar year shall, by February 1 of the following year, submit to the Department, at the address given in subsection (h) of this section, a written annual report containing the information specified in subsection (f)(3) of this section. The information submitted pursuant to this subsection shall identify the PV module-handling activities conducted during the previous calendar year; and

(3) This annual report shall include:

(A) Name of the universal waste handler (If the facility owner is different than the facility operator, also include the owner's name);

(B) ID Number of the universal waste handler, if applicable;

(C) Telephone number of the universal waste handler;

(D) Mailing address of the universal waste handler, and physical address (including county) if different from the mailing address;

(E) Name of the contact person at the universal waste handler's site who should be contacted regarding universal waste management activities;

(F) Telephone number of the contact person;

(G) An email address for the contact person or organization, if available;

(H) Type(s) of PV modules handled, if known (e.g., crystalline silicon, thin film, etc.);

(I) The total quantity of PV modules (count or weight) handled, which include any quantities handled but not shipped during the previous calendar year;

(J) A list consisting of:

1. The name, address, and telephone number for each of the locations to which the universal waste handler shipped PV modules during the previous calendar year;

2. The total quantity of PV modules (count or weight) shipped to each of those locations during the previous calendar year; and

3. A description of how each of those locations intended to manage the PV modules, including whether the PV modules were to be recycled or disposed of.

(g)

(1) Electronic submissions. If submitted electronically through the Department's universal waste web-based reporting system, Department notifications and annual reports required pursuant to subsections (c) and (d) of this section shall be addressed to the Department at http://www.dtsc.ca.gov.

(2) A person that has provided written submissions of any of the Department notifications and annual reports required pursuant to subsections (c) or (d) of this section is not required to submit the same information electronically.

(3) If the Department's universal waste web-based reporting system is not available or cannot accommodate electronic submissions for any of the Department notifications and annual reports required pursuant to subsections (c) or (d) of this section, the handler shall provide written submissions in accordance with subsection (h).

(h)

(1) Written submissions. If submitted in writing, Department notifications and annual reports required pursuant to subsections (c) and (d), or (e) and (f) of this section shall be sent to the Department by certified mail, return receipt requested, at the following address: Department of Toxic Substances Control, Universal Waste Notification and Reporting Staff, P.O. Box 806, Sacramento, CA 95812-0806, with the words "Attention: Universal Waste Handling Activities" prominently displayed on the front of the envelope.

(2) A person that has provided electronic submissions of any of the Department notifications and annual reports required pursuant to subsections (c), (d), (e), or (f) of this section through the Department's universal waste web-based reporting system in accordance with subsection (g) of this section is not required to submit the same information in writing.

Notes

Cal. Code Regs. Tit. 22, § 66273.32

1. New section filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-29-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-3-2000 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-1-2000 as an emergency; operative 11-4-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-5-2001 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 3-6-2001 as an emergency; operative 3-6-2001 (Register 2001, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2001 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 6-26-2001 as an emergency; operative 7-5-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-2-2001 or emergency language will be repealed by operation of law on the following day.
6. New section refiled 11-2-2001 as an emergency; operative 11-3-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-4-2002 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-2-2001 order transmitted to OAL 12-27-2001 and filed 2-8-2002 (Register 2002, No. 6).
8. Amendment of subsection (a)(1), new subsections (a)(3)-(a)(3)(C) and amendment of NOTE filed 6-7-2004 as an emergency; operative 6-7-2004 (Register 2004, No. 24). Pursuant to Public Resources Code section 42475.2, a Certificate of Compliance must be transmitted to OAL by 6-7-2006 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (a)(1), new subsections (a)(3)-(a)(3)(C) and amendment of NOTE refiled 6-5-2006 as an emergency, including further amendment of NOTE; operative 6-5-2006 (Register 2006, No. 23). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
10. Amendment of subsection (a)(1), new subsections (a)(3)-(a)(3)(C) and amendment of NOTE refiled 5-8-2008 as an emergency; operative 5-8-2008 (Register 2008, No. 19). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
11. Certificate of Compliance as to 5-8-2008 order, including amendment of section heading and further amendment of section and NOTE, transmitted to OAL 12-19-2008 and filed 2-4-2009 (Register 2009, No. 6).
12. Editorial correction of HISTORY 11 (Register 2009, No. 10.)
13. Amendment of subsections (c) and (d), new subsections (e)-(f)(3)(J)3., subsection relettering, new subsections (g)(2)-(3), amendment of newly designated subsection (h)(1), new subsection (h)(2) and amendment of NOTE filed 9-28-2020; operative 1-1-2021 (Register 2020, No. 40). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.

Note: Authority cited: Sections 25141, 25150, 25201, 25214.9, 25219.1, 25259 and 58012, Health and Safety Code; and Section 42475, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25214.9, 25219, 25219.1, 25219.2 and 25259, Health and Safety Code; and 40 CFR Section 273.32.

1. New section filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2000 or emergency language will be repealed by operation of law on the following day.
2. New sectionrefiled 6-29-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-3-2000 or emergency language will be repealed by operation of law on the following day.
3. New sectionrefiled 11-1-2000 as an emergency; operative 11-4-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-5-2001 or emergency language will be repealed by operation of law on the following day.
4. New sectionrefiled 3-6-2001 as an emergency; operative 3-6-2001 (Register 2001, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2001 or emergency language will be repealed by operation of law on the following day.
5. New sectionrefiled 6-26-2001 as an emergency; operative 7-5-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-2-2001 or emergency language will be repealed by operation of law on the following day.
6. New sectionrefiled 11-2-2001 as an emergency; operative 11-3-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-4-2002 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-2-2001 order transmitted to OAL 12-27-2001 and filed 2-8-2002 (Register 2002, No. 6).
8. Amendment of subsection (a)(1), new subsections (a)(3)-(a)(3)(C) and amendment of Note filed 6-7-2004 as an emergency; operative 6-7-2004 (Register 2004, No. 24). Pursuant to Public Resources Code section 42475.2, a Certificate of Compliance must be transmitted to OAL by 6-7-2006 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (a)(1), new subsections (a)(3)-(a)(3)(C) and amendment of Note refiled 6-5-2006 as an emergency, including further amendment of Note; operative 6-5-2006 (Register 2006, No. 23). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
10. Amendment of subsection (a)(1), new subsections (a)(3)-(a)(3)(C) and amendment of Note refiled 5-8-2008 as an emergency; operative 5-8-2008 (Register 2008, No. 19). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
11. Certificate of Compliance as to 5-8-2008 order, including amendment of section heading and further amendment of section and Note, transmitted to OAL 12-19-2008 and filed 2-4-2009 (Register 2009, No. 6).
12. Editorial correction of History 11 (Register 2009, No. 10.)
13. Amendment of subsections (c) and (d), new subsections (e)-(f)(3)(J)3., subsection relettering, new subsections (g)(2)-(3), amendment of newly designated subsection (h)(1), new subsection (h)(2) and amendment of Note filed 9-28-2020; operative 1/1/2021 (Register 2020, No. 40). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.