Wednesday, December 7, 2011

Effect of Denial of Re-Certification

Health care facilities in California are no longer authorized to treat their 10% NBF hazardous wastes
with S&S Company’s Formalex technology under the Conditional Exemption Permitting Tier. The
proposed decision to deny re-certification does not affect the status of the Formalex technology as an
uncertified technology. S&S Company and American BioSafety are not authorized to use the
certification seal or logo or otherwise claim to be certified by the Department of Toxic Substances
Control (DTSC) in marketing Formalex.
The Formalex technology was originally certified effective August 8, 1994, for treatment of 10% neutral
buffered Formalin (10% NBF) from the health care industry. The certification expired on November 4,
1998. During the certification period, health care facilities were authorized to use the Formalex
technology to treat 10% NBF hazardous waste under the Conditional Exemption permitting tier
specified in California Health and Safety Code section 25201.5, subject to the conditions specified in
that statute and in the certification decision. Since the expiration date, health care facilities have no
longer been authorized to treat their 10% NBF hazardous waste using Formalex under the authority of
the Conditional Exemption permitting tier.
Formalex was among the first technologies to be evaluated under the certification program. The original
evaluation of Formalex in 1994 was carried out under a pilot program during the development of the
certification program. The testing at that time focused on demonstratingthe technology’s ability to
reduce the formaldehyde concentration in unused 10% NBF solution in a limited laboratory study.
Recognizing that the certification was part of the pilot phase of the program, when the technology came
up for recertification it was expected to meet any additional requirements adopted by the program.
On March 1, 2000, S&S Company entered into an agreement with DTSC in support of an application
for re-certification of their Formalex technology.

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