California Hazardous waste Control Law (HWCL)

The California Hazardous waste Control Law (HWCL) [California Health and Safety Code §§ 25100, et seq.] was enacted in 1972, fully four years prior to enactment of the federal Resource Conservation and Recovery Act (RCRA) in 1976. This simple piece of background information explains the reason for many of the differences between California and federal hazardous waste requirements; for example: * The HWCL says that all hazardous waste treatment had to be permitted or authorized by the Department of Toxic Substances Control (DTSC). RCRA exempted many forms of treatment by generators when enacted. * California law authorized adoption of a list of hazardous wastes (22 CCR § 66261, Appendix X) more than 10 years prior to RCRA listed hazardous wastes (40 CFR § 261), and a toxicity characteristic more than 10 years before the RCRA counterpart. * RCRA has“sewer exclusion” for wastes subject to Clean Water Act regulation. There is no sewer exclusion in state law, as confirmed by state courts (Peo. v. Sangani). * Excluded recyclable materials are a matter of federal regulation under RCRA; state law in California.
These examples of the fundamental differences between RCRA and California hazardous waste law are only the tip of the iceberg compared to regulatory differences. More examples based on state regulations: * Hazardous waste toxicity characteristic includes a score of constituents not federally regulated, like copper, zinc, fluorides, nickel, etc. * The state toxicity characteristic includes soluble constituent limits like the federal characteristic, but also total constituent limits. * The state’s expanded toxicity characteristic includes other criteria, like presence of carcinogens and bioassay testing (aquatic 96-hour acute toxicity test). * There is a solid corrosively characteristic. * Any RCRA hazardous waste excluded from regulation is a California-only non-RCRA hazardous waste unless state law or regulation