Regulators Issue Advisories Regarding Handling and Management of Hand Sanitizer; High Risk of Enforcement in Overburdened Communities

May 2023

The COVID public health emergency triggered many businesses and other entities to purchase large volumes of hand sanitizer in excess quantities. With the emergency declared over as of May 11, 2023, many businesses and entities may find demand for hand sanitizer has completely dwindled. Further, much of the hand sanitizer procured in 2020 is now expiring.

Alcohol-based hand sanitizer, when discarded, is identified as a RCRA ignitable hazardous waste. In California, hand sanitizer is also considered a hazardous material and is subject to regulation under California’s Hazardous Materials Business Plan (HMBP) program. Unless an exemption applies, businesses that handle or store hand sanitizer may be required to submit a business plan via the California Environmental Reporting System (CERS). Expired or “waste” sanitizer must be managed as a retrograde material returned to the manufacturer, recycled, or disposed of as hazardous waste. Both CalEPA and the U.S. EPA recently issued guidance addressing alcohol-based hand sanitizer management standards available here and here.

Affected businesses and entities should be familiar with laws governing proper management and disposal of alcohol-based hand sanitizer. In California, penalties for noncompliance can be as high as $70,000.00 per violation, per day. California businesses and other entities situated in minority or low-income communities are at a greater risk for scrutiny from regulators. The CalEPA recently issued a new memorandum outlining environmental enforcement priorities for the agency which include equity-centered enforcement at overburdened communities. For further details on the agency’s new enforcement objectives, click here.

If your organization needs assistance in complying with California’s HMBP program or state and federal hazardous waste laws, please contact us at [email protected].

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