Interim Advisory on Handling and Management of Alcohol-based Hand Sanitizer

March 16, 2023

CalEPA, in conjunction with the Department of Toxic Substances Control (DTSC), has issued the “Interim Advisory on Handling and Management of Alcohol-based Hand Sanitizer”. The CalEPA and DTSC Interim Advisory on Handling and Management of Alcohol-based Hand Sanitizer can be found here.

In summary, the coronavirus pandemic triggered the need for large volumes of alcohol-based hand sanitizer for businesses, schools, and other entities across California. Some of these entities procured alcohol-based hand sanitizer in excess of need and could not consume or manage the excess material. Alcohol-based hand sanitizer generally has a high alcohol content (usually at least 60%). Much of that alcohol-based hand sanitizer is now expiring. Alcohol-based hand sanitizer may be considered a hazardous material, and additionally, an ignitable hazardous waste once it is no longer usable for its intended purpose. This advisory discusses the requirements for the handling of alcohol-based hand sanitizer as a hazardous material subject to regulation under the Hazardous Materials Business Plan (HMBP) program. Additionally, this advisory discusses the requirements for management of alcohol-based hand sanitizer as a retrograde material or hazardous waste.

If you have any questions regarding the handling of alcohol-based hand sanitizer as a hazardous material, please contact CalEPA at HMBP@calepa.ca.gov.

If you have any questions regarding the management of alcohol-based hand sanitizer as a hazardous waste, please contact DTSC’s Regulatory Assistance Office at 800-728-6942 or email RAO@dtsc.ca.gov.

Assembly Bill 2059 – Amendments to HSC Chapter 6.95

December 27, 2022

CalEPA has issued an update to the regulated community subject to regulation under the Hazardous Materials Business Plan (HMBP) program regarding Assembly Bill (AB) 2059. View the CalEPA update on AB 2059.

AB 2059 was approved on September 13, 2022, and is effective on January 1, 2023. This bill amends the California Health and Safety Code (HSC), Chapter 6.95 Hazardous Materials Release Response Plans and Inventory, sections 25500, 25501, and 25507 and adds sections 25507.5 and 25508.3.

In summary, the bill expands the scope of hazardous materials subject to regulation by narrowing the definition of “consumer product”. The bill requires a “supplier”, as defined, that sells or provides a certain amount of hazardous materials meeting certain requirements to a business in the state in certain quantities to maintain records containing specified information regarding the sale or provision of the hazardous materials for a minimum of one year and requires suppliers to make those records available to a Unified Program Agency (UPA) within 5 days when requested. The bill, except as provided, requires a handler subject to the business plan requirement, if directed by a UPA during an investigation or inspection, to notify the UPA if hazardous materials in certain quantities are to be removed from the storage or handling location and transferred to another location, and to disclose to the UPA certain information regarding the transfer.

If you have any general questions regarding AB 2059, please contact CalEPA at HMBP@calepa.ca.gov. If you have any questions or need further clarification on how AB 2059 will be implemented in your jurisdiction or have questions regarding the reporting of hazardous materials on a Business Plan, please contact your Unified Program Agency using the Unified Program Regulator Directory.

Legal Authority

California State Law: California Health and Safety Code, Division 20, Chapter 6.95, Article 1, Sections 25500 to 25519

California State Regulations: California Code of Regulations, Title 19, Division 2, Chapter 4, Article 4, Sections 2650 to 2660

If you have any questions regarding the HMBP program, please contact the program at HMBP@calepa.ca.gov.