California Extends Ethyl Alcohol Hazardous Waste Exemption

California’s Department of Toxic Substances Control (DTSC) has readopted an emergency regulation to exempt industrial ethyl alcohol from the hazardous waste regulations when it is recycled. DTSC announced the readoption on page 505 of the California Register on April 18.

Until July 8, 2025, industrial ethyl alcohol is not subject to regulation as hazardous waste when: 

• It is reclaimed, and 
• It meets the recycling legitimacy criteria in 40 CFR 260.43. 

Note: Additional requirements apply to exports and imports. Export and import shipments of recyclable secondary material must comply with the regulations for transboundary movement of hazardous waste found in 22 CCR, Division 4.5, Article 8, Chapter 12.

OAL Notice: Approval of Emergency Regulatory Action (Matter #2025-0328-01)



The emergency exemption for ethyl alcohol was first approved in October 2024, adding a new paragraph (D) to 22 CCR §66262.6—Requirements for Recyclable Materials. 

Reclaiming “Hazardous Waste” and Legit Recycling 

A material is “reclaimed” when it is processed in some way to recover a usable product, or regenerated. To benefit from the exemption for reclaimed ethyl alcohol, generators must meet the legitimacy criteria for recycling found in the RCRA regulations (40 CFR 260.43). California DTSC adopted these criteria into the State code of regulations, by reference, in 2023.

The RCRA recycling legitimacy criteria are in place to prevent waste from falling through the cracks of loopholes or “sham” forms of recycling. In short, the criteria in 40 CFR 260.43 provide the following rules for legitimate recycling:

• The material must provide some useful contribution to the recycling process (e.g., as a valuable ingredient, catalyst, or substitute for a commercial product).
• The process must produce a valuable product or intermediate that can be sold or used.
• The material is managed as a valuable commodity while it is under the generator’s control.

Why Exempt Industrial Ethyl Alcohol?

The exemption for industrial ethyl alcohol sprang from an unforseen effect of the COVID-19 pandemic, namely increased demand for and production of hand sanitizer containing ethyl alcohol. To help meet demand during the public health emergency, the Federal Drug Administration (FDA) even allowed non-registered manufacturers to produce hand sanitizer for a limited time.
 


DTSC explains further on a webpage dedicated to the exemption: 

"Of the many unforeseen complications arising from this pandemic, the stockpiles of expired and off-specification hand sanitizer are a problem that continues to burden the state..."

"These stockpiles are a risk to public health and the environment because alcohol-based hand sanitizers contain a minimum concentration of 60 percent ethyl or isopropyl alcohol by volume and produce flammable vapors at room temperature (approximately 66 to 77 degrees Fahrenheit).  The ignitable nature of hand sanitizer has resulted in at least ten fires in southern California that have injured first responders, caused water and air pollution, and cost millions of dollars in property damage.

In addition to being a fire hazard, Los Angeles, San Bernardino, and Kern Counties have all responded to multiple incidents of illegal hand sanitizer dumping since 2022."

"Industrial Ethyl Alcohol Exemption Summary." DTSC.CA.gov.

May 2025: California Hazardous Waste Training 

Did your latest hazardous waste training address major revisions and new rules in California's State regulations? Lion delivers recently updated training backed by resources that highlight the important changes generators need to know when it comes to the RCRA Generator Improvements Rule, contingency planning and emergency planning, managing waste containers, treatment standards, and much more.

Join Lion for the two-day California Hazardous Waste Management Workshop for annually required training to get you up to speed with the latest state and Federal requirements your site must follow to prevent releases, civil penalties, and future liability. The workshop comes to Ontario, CA on May 6–7 and San Diego, CA on May 12–13. 

 

Tags: California, hazardous waste