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Recycling RegulationsRecycling RegulationsRecycling Regulations Recycling Regulations & All That& All That

The dreaded definition of solid waste table (40 CFR 261.2) and

other equally confusing regulations8/5/20088/5/2008 11

other equally confusing regulations

Definition of Solid Waste and RecyclingDefinition of Solid Waste and RecyclingDefinition of Solid Waste and RecyclingDefinition of Solid Waste and Recycling

Special thanks to :Special thanks to :Special thanks to :Special thanks to :EPA/OSWEPA/OSWMatt HaleMatt HaleMatt HaleMatt HaleJim O’LearyJim O’LearyAmy LileAmy LileAmy LileAmy LileTeena WootenTeena Wooten

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Outline of PresentationOutline of PresentationOutline of PresentationOutline of Presentation

Part 1: Overview ofPart 1: Overview of CurrentCurrent Definition of SolidDefinition of SolidPart 1: Overview of Part 1: Overview of CurrentCurrent Definition of Solid Definition of Solid Waste (DSW) Regulatory FrameworkWaste (DSW) Regulatory FrameworkPart 2: DSW Determinations Part 2: DSW Determinations -- Examples & Case Examples & Case ppStudy Study Part 3: Overview of New DSW Website/DSW Part 3: Overview of New DSW Website/DSW Tool KitTool KitPart 4: Overview of Part 4: Overview of ProposedProposed DSW Regulatory DSW Regulatory Framework Framework

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Why is hazardous waste recycling Why is hazardous waste recycling y y gy y gregulation so complicated?regulation so complicated?

Must look in many placesMultiple Regulations FR NoticesFR NoticesInterpretive Memoranda

Long historyMust determine if material is a solid waste first ToMust determine if material is a solid waste first. To do this must know BOTH what waste is AND how it will be recycled

RCRA Statute not explicit on extent of Agency's authority

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Where to lookWhere to lookRegulations

40 CFR 26140 CFR 26640 CFR 26640 CFR 27340 CFR 27940 CFR 279

FR NoticesJanuary 4, 1985 Definition of Solid Waste

Interpretive MemorandaSylvia Lawrence Memo on Sham vs. True R li (A il 26 1989)

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Recycling (April 26, 1989)

What are the regulated community's What are the regulated community's g yg ymost common questions?most common questions?

If I l I t t f ll l ti ?If I recycle, can I get out of all regulation?How can I recycle (insert any waste here) and not have to manage it as hazardous waste?g

Do I count recycled waste in my monthly generator totals?

Why can't I make fence posts out of my hazardousWhy can t I make fence posts out of my hazardous waste?

How can I recycle listed hazardous wastes (such as F006)?

What is an unlisted off-specification product?What's the difference between recycling and an

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What s the difference between recycling and an exclusion?

First things firstFirst things first--Definitions (40 CFR 261)Definitions (40 CFR 261)Solid Waste - any discarded material that is not excludedSolid Waste any discarded material that is not excluded

Discarded Material - any material which is abandoned, recycled, considered inherently waste-like, a military munitionmunition

Abandoned - disposed, burned or incinerated, accumulated speculativelyRecycled - used reused or reclaimedRecycled - used, reused, or reclaimed

Used or Reused - employed as an ingredient in an industrial process to make a product (no separate recoverable end products) or employedseparate recoverable end products) or employed as an effective substitute for a commercial productReclaimed processed to recover a usable

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Reclaimed - processed to recover a usableproduct or regenerated

First things firstFirst things first--Definitions (statutory)Definitions (statutory)

Solid Waste -any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and otherplant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial commercial mining andfrom industrial, commercial, mining, and agricultural operations, and from community activities, but does not include……

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The Universe of Solid Waste

Hazardous Waste

SOLID WASTE

Hazardous Waste

Solids

Solid Waste

Liquids

Gasesin Containers

Acutely Hazardous Waste

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First things first (continued)First things first (continued)Recycled materials are solid wastes! (SomeRecycled materials are solid wastes! (Some anyway).

Spent Material - any material that has been used fand as a result of contamination can no longer

serve the purpose for which it was producedwithout processingwithout processing

Recyclable Material - hazardous waste that is recycled

D fi iti f d i 1/4/85 F d l R i tDefinition found in 1/4/85 Federal Register:Secondary Material - a material that potentially can be a solid and hazardous waste when

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recycled (e.g. spent materials, sludges, by-products, scrap metal, CCPs)

Part 1Part 1Part 1Part 1

Overview of Current DSW RegulatoryOverview of Current DSW RegulatoryOverview of Current DSW Regulatory Overview of Current DSW Regulatory FrameworkFramework

AA solid wastesolid waste is any discarded materialis any discarded materialA A solid wastesolid waste is any discarded material.is any discarded material.Does not include material that is:Does not include material that is:

Excluded underExcluded under §§261.4(a).261.4(a).Excluded under Excluded under §§261.4(a).261.4(a).Granted a variance under Granted a variance under §§§§260.30 and 260.31.260.30 and 260.31.

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There are 4 categories of discarded There are 4 categories of discarded t i lt i lmaterials.materials.

AbandonedRecycled

Inherently Waste-Like

Military MunitionsLike

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AbandonedAbandonedAbandonedAbandoned

Disposed of.Disposed of.Disposed of.Disposed of.Burned or Incinerated. Burned or Incinerated. Accumulated Stored TreatedAccumulated Stored TreatedAccumulated, Stored, Treated. Accumulated, Stored, Treated.

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Inherently WasteInherently Waste--LikeLikeInherently WasteInherently Waste LikeLike

DioxinDioxin--containing listed wastes F020, containing listed wastes F020, ggF022, F023, F026, and F028.F022, F023, F026, and F028.Secondary materials that are characteristic Secondary materials that are characteristic or listed hazardous waste and fed to aor listed hazardous waste and fed to aor listed hazardous waste and fed to a or listed hazardous waste and fed to a halogen acid furnace.halogen acid furnace.Disposed of, burned or incinerated.Disposed of, burned or incinerated.C t i h d tit t (A VIII)C t i h d tit t (A VIII)Contains hazardous constituents (App.VIII) Contains hazardous constituents (App.VIII) not normally found in the raw material and not normally found in the raw material and not used/reused during recycling.not used/reused during recycling.May pose a substantial hazard to human May pose a substantial hazard to human health and the environment when health and the environment when recycled.recycled.

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yy

Military MunitionsMilitary MunitionsMilitary Munitions Military Munitions

Military munitions are not solid wastes Military munitions are not solid wastes hhwhen:when:

Used for their intended purpose Used for their intended purpose (shot/dropped).(shot/dropped).Recycled (e g reused repaired)Recycled (e g reused repaired)Recycled (e.g., reused, repaired).Recycled (e.g., reused, repaired).Not left on the ramp.Not left on the ramp.

Military munitions are solid wastesMilitary munitions are solid wastesMilitary munitions are solid wastes Military munitions are solid wastes when:when:

Unused munitionsUnused munitions•• Disposed of, removed from storage, Disposed of, removed from storage, p , g ,p , g ,

deteriorated, declared a solid waste.deteriorated, declared a solid waste.Used munitionsUsed munitions

•• Retrieved & disposed of onRetrieved & disposed of on--site or sent offsite or sent off--site site for treatment or disposal.for treatment or disposal.

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for treatment or disposal.for treatment or disposal.

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Hierarchy of RecyclingNot a solid waste by Use/Reuse Exclusionand Table 1 of 40 CFR 261.2Specifically Excluded from definition of solid waste 261.4(a)

Excluded from definition of hazardous waste 261.4(b)( )

Recyclable Materials (hazardous waste) 261.6

Part 266Specific ExclusionsUsed Oil Part 279All other recyclable materials

U i l W t 261 9

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Universal Waste 261.9Part 273

Excluded from definition of solid Excluded from definition of solid waste 261.4(a) (No regulation)waste 261.4(a) (No regulation)Pulping liquors reclaimed and returned to process (6)Pulping liquors reclaimed and returned to process (6)Spent sulfuric acid used to produce virgin sulfuric acid (7)Materials reclaimed and returned (closed-loop recycling) (8)Wood preserving solutions reclaimed and reused (9)Coke by-products (K-wastes) recycled to coke ovens (10)Recovered oil from organic chemical manufacturing &g gpetroleum industry returned to refining process (12, 18)Recycled excluded scrap metal (13)R l d h dd d i it b d (14)Recycled shredded circuit boards (14)Recycled materials from mineral processing industry (17)Spent caustics from petroleum refining used to make cresylic or

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naphthenic acid (19)Waste derived Zinc microfertilizers (20, 21)

Excluded from definition of solid waste Excluded from definition of solid waste (Conditional)(Conditional)(Conditional)(Conditional)

Comparable/Syngas FuelComparable/Syngas FuelComparable/Syngas FuelComparable/Syngas Fuel261.38261.38

CRTsCRTs261.39261.39

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Excluded from definition of hazardous Excluded from definition of hazardous waste 261.4(b) (Minimal regulation)waste 261.4(b) (Minimal regulation)

Used chlorofluorocarbon refrigerants reclaimed for further use (12)

50

40

30

20

10

0

120

100

80

60

40

FFOOCOCO

further use (12)

Used oil distillation bottoms

0

10

20

30

40

50

0

20

20

40

60

used as feedstock to manufacture asphalt (14)

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Recyclable Materials (hazardous waste) Recyclable Materials (hazardous waste) y ( )y ( )261.6 261.6 None to full regulation

- reclaimed industrial ethyl alcohol - precious metals (Part 266, subpart F)

spent lead acid batteries- spent lead-acid batteries -- (Part 266, subpart G)

- UCD (Part 266, subpart C)- BFER Part 266 subpart H)- BFER Part 266, subpart H)- Used Oil (Part 279 - Moderate regulation

Materials not otherwise identified - Full regulation

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Recyclable Materials Recyclable Materials -- Part 266Part 266Recyclable Materials Used in a Manner Constituting Disposal - Moderate to Full Regulation

Product must meet LDR to be exempt from regulationregulation

Generator (must count), Transporter, and Storer regulations applyg pp y

Use of waste or used oil contaminated with dioxin prohibited

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Recyclable Materials Recyclable Materials -- Part 266Part 266Spent Lead-Acid Batteries being Reclaimed - No regulation

N l ti f t (d tNo regulation of generators (do not count), transporters, collectors, regenerators or storers as long asregenerators, or storers as long as batteries are reclaimed or regeneratedIf not reclaimed or regenerated then storers must meet interim status or permitted storage requirements

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permitted storage requirements.

Recyclable Materials Recyclable Materials -- Part 266Part 266Ha ardo s Waste B rned in BoilersHazardous Waste Burned in Boilers and Industrial Furnaces - Fully Regulatedg

More "disposal-like" than "recycling"Generators subject to 262 (must count)count)Transporters are subject to 263Storage facilities subject to full TSD regulationBurners subject to full Part 266 permit requirements

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permit requirements

Universal Waste Universal Waste -- Part 261.9Part 261.9The following are “universal wastes” and are exempt from parts 262 through part 270 and subject only to part 273:subject only to part 273:

batteriespesticidesM t i i i tMercury-containing equipmentlamps

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Recyclable Materials Recyclable Materials -- Used Oil Used Oil Part 279 Part 279 -- Moderate regulationModerate regulationUsed oil that is recycled by being: reused, re-refined, reclaimed, burned for energy recovery, or reprocessedor reprocessed

Used oil only; does not include mixtures of used il d h t i ti li t d h d toil and characteristic or listed hazardous waste

Materials derived from used oil that areMaterials derived from used oil that are disposed of or used in a manner constituting disposal are not used oil, are solid wastes, and s bject to f ll reg lation if ha ardo s

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and subject to full regulation if hazardous

Recyclable Materials - All other

GeneratorsGenerators –– must manage as hazardous wastemust manage as hazardous waste

materials (Fully regulated)Generators Generators must manage as hazardous wastemust manage as hazardous waste

Transporters Transporters –– must manage as hazardous must manage as hazardous wastewaste

Recyclers Recyclers ––That store* prior to recycling need a permit!That store* prior to recycling need a permit!p y g pp y g p

That don’t store* prior to recycling don’t need a That don’t store* prior to recycling don’t need a permitpermit

““Storage” is not defined, but generally includes Storage” is not defined, but generally includes anything that is NOT conveyance (typically 24 anything that is NOT conveyance (typically 24

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a yt g t at s O co eya ce (typ ca ya yt g t at s O co eya ce (typ ca yhours*).hours*).

*Not defined by regulation*Not defined by regulation

Analysis of Hazardous Waste Recycling RequirementsAnalysis of Hazardous Waste Recycling RequirementsIs hazardous waste recyclingactivity listed in §261.6(a)(2)?

I h d li

Subject to special standardsunder Part 266, Subpart C-HAnd applicable provisions in

No YesIs hazardous waste recyclingactivity listed in §261.6(a)(3)?

Is hazardous waste recycling

pp pPart 270 & Part 124

(i.e., permitting).No

YesIs hazardous waste recyclingactivity listed in §261.6(a)(4)?

I h d t b i

Recyclable materialexempt from regulation

No

Yes

YIs hazardous waste being exported or imported from

OECD countries forthe purposes of recovery?

See Part 279, Used Oil Standards

Yes

p p y

Fully regulated under See Part 262, Subpart H

No Yes

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§§§261.6(b), (c), & (d).

Use/Reuse Exclusions at 40 CFR 261.2(e)Use/Reuse Exclusions at 40 CFR 261.2(e)Use/Reuse Exclusions at 40 CFR 261.2(e)Use/Reuse Exclusions at 40 CFR 261.2(e)Directly using or reusing a materialDirectly using or reusing a material

As an ingredient in an industrial processAs an ingredient in an industrial process-- As an ingredient in an industrial processAs an ingredient in an industrial process-- As an effective substitute for a commercial As an effective substitute for a commercial

chemical product.chemical product.pp-- Materials must be used, reused, or returned to Materials must be used, reused, or returned to

original process directly without first being reclaimed.original process directly without first being reclaimed.Th l i d t l t t i l d iTh l i d t l t t i l d iThese exclusions do not apply to materials used in a These exclusions do not apply to materials used in a manner constituting disposal, burned for energy manner constituting disposal, burned for energy recovery, speculatively accumulated or recovery, speculatively accumulated or y, p yy, p yinherently wasteinherently waste--like.like.

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Table 1 of 40 CFR 261.2 (c)Table 1 of 40 CFR 261.2 (c)

Use Constituting Energy Reclamation SpeculativeUse ConstitutingDisposal

261.2(c)(1)

EnergyRecovery/

Fuel261.2(c)(2)

Reclamation261.2(c)(3)except formineral

processing

SpeculativeAccumulation261.2(c)(4)

Spent Materials * * * *Spent MaterialsSludges F and KLists

* * * *

S l u d g e sCharacteristic

* * ---- *

By-Products F andK Lists

* * * *

B y - P r o d u c t sCharacteristic

* * ---- *

C o m m e r c i a lChemical ProductsP and U listedWastes

* * ---- ----

Scrap Metal * * * *

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Scrap MetalMaterials with a * ARE solid wastes.Materials with a ---- are NOT solid wastes.

DSW Determination Involves Examining Two Components:DSW Determination Involves Examining Two Components:g pg p

Type of Recycling ProcessType of Recycling ProcessUse constituting disposalUse constituting disposal-- Use constituting disposalUse constituting disposal

-- Burning for energy recoveryBurning for energy recovery-- ReclamationReclamation-- Use/ReuseUse/ReuseType of Secondary MaterialType of Secondary Material

S t t i lS t t i l-- Spent materialsSpent materials-- Listed sludges and byListed sludges and by--productsproducts-- Characteristic sludges and byCharacteristic sludges and by--productsproductsC a acte st c s udges a d byC a acte st c s udges a d by p oductsp oducts-- Commercial chemical products (CCPs)Commercial chemical products (CCPs)-- Scrap metalScrap metal

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Use Constituting Disposal (UCD)Use Constituting Disposal (UCD)Use Constituting Disposal (UCD)Use Constituting Disposal (UCD)Applying a material directly to the land.Applying a material directly to the land.Using a material as an ingredient in a product that will beUsing a material as an ingredient in a product that will beUsing a material as an ingredient in a product that will be Using a material as an ingredient in a product that will be applied to the land.applied to the land.All materials that are UCD are solid wastes, except All materials that are UCD are solid wastes, except commercial chemical products that are ordinarily appliedcommercial chemical products that are ordinarily appliedcommercial chemical products that are ordinarily applied commercial chemical products that are ordinarily applied to the land.to the land.

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Burning For Energy RecoveryBurning For Energy RecoveryBurning For Energy RecoveryBurning For Energy Recovery

Burning a material directly as aBurning a material directly as aBurning a material directly as a Burning a material directly as a fuel.fuel.Using a material as an ingredient Using a material as an ingredient g gg gin producing a fuel.in producing a fuel.The material is contained in a fuel.The material is contained in a fuel.All materials burned for energy All materials burned for energy recovery are solid wastes, except recovery are solid wastes, except commercial chemical products that commercial chemical products that are ordinarily fuels.are ordinarily fuels.

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ReclamationReclamationReclamationReclamation

Processing to recover a usable productProcessing to recover a usable productProcessing to recover a usable product.Processing to recover a usable product.Wastes are processed to recover usable Wastes are processed to recover usable products when distinct components of theproducts when distinct components of theproducts when distinct components of the products when distinct components of the material that are of value are recovered.material that are of value are recovered.

RegenerationRegenerationRegenerationRegenerationWastes are regenerated when they are Wastes are regenerated when they are processed to remove contaminants in a wayprocessed to remove contaminants in a wayprocessed to remove contaminants in a way processed to remove contaminants in a way that restores them to their usable original that restores them to their usable original condition.condition.

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Classes of Secondary MaterialsClasses of Secondary MaterialsClasses of Secondary MaterialsClasses of Secondary Materials

Spent Materials.Spent Materials.Spent Materials.Spent Materials.Sludges.Sludges.ByBy--productsproductsByBy--products.products.Commercial Chemical Products.Commercial Chemical Products.Scrap MetalScrap MetalScrap Metal.Scrap Metal.

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Spent MaterialSpent MaterialSpent MaterialSpent Material

Any material that has been used and, as a result of Any material that has been used and, as a result of y ,y ,contamination (e.g., any impurity, factor or circumstance contamination (e.g., any impurity, factor or circumstance which causes the material to be taken out of service for which causes the material to be taken out of service for reprocessing) can no longer serve thereprocessing) can no longer serve the originaloriginal purposepurposereprocessing), can no longer serve the reprocessing), can no longer serve the originaloriginal purpose purpose for which it was produced without undergoing for which it was produced without undergoing regeneration, reclamation or reprocessing.regeneration, reclamation or reprocessing.

Spent solventsSpent solventsSpent catalystsSpent catalystsSpent pickle liquorSpent pickle liquorSpent plating bath solutions.Spent plating bath solutions.

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p p gp p g

SludgeSludgeSludgeSludge

“any solid, semisolid, or liquid waste generated“any solid, semisolid, or liquid waste generatedany solid, semisolid, or liquid waste generated any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial from a municipal, commercial, or industrial wastewater treatment plant, water supply wastewater treatment plant, water supply treatment plant, or air pollution control facility treatment plant, or air pollution control facility exclusive of the treated effluent from a exclusive of the treated effluent from a

t t t t t l t”t t t t t l t”wastewater treatment plant”wastewater treatment plant”Wastewater treatment plant Wastewater treatment plant sludgessludgessludges.sludges.Electric arc furnace dust (K061).Electric arc furnace dust (K061).Baghouse dusts.Baghouse dusts.

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Baghouse dusts.Baghouse dusts.

ByBy--ProductsProductsByBy ProductsProducts

“a material that is not one of the primary products“a material that is not one of the primary productsa material that is not one of the primary products a material that is not one of the primary products of a production process and is not solely or of a production process and is not solely or separately produced by the production process.”separately produced by the production process.”

Distillation column bottoms.Distillation column bottoms.Heavy ends.Heavy ends.Slag.Slag.Ignitable Glycerin from biodiesel productionIgnitable Glycerin from biodiesel production

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CoCo--ProductProductCoCo ProductProduct

A material intentionally produced by theA material intentionally produced by theA material intentionally produced by the A material intentionally produced by the manufacturing process and ordinarily used manufacturing process and ordinarily used in its existing state as a commodity inin its existing state as a commodity inin its existing state as a commodity in in its existing state as a commodity in trade by the general public.trade by the general public.CoCo products must have a recognized useproducts must have a recognized useCoCo--products must have a recognized use, products must have a recognized use, and must be usable without reprocessing.and must be usable without reprocessing.

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Commercial Chemical ProductCommercial Chemical ProductCommercial Chemical ProductCommercial Chemical Product

Unused off specification productUnused off specification productUnused off specification product.Unused off specification product.Listed in Listed in §§261.33 (P and U wastes).261.33 (P and U wastes).Ch t i tiCh t i tiCharacteristic.Characteristic.

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Scrap MetalScrap MetalScrap MetalScrap Metal

“bits and pieces of metal parts …or metal“bits and pieces of metal parts …or metalbits and pieces of metal parts …or metal bits and pieces of metal parts …or metal pieces that may be combined together pieces that may be combined together with bolts or soldering … which when worn with bolts or soldering … which when worn ggor superfluous can be recycled.”or superfluous can be recycled.”

Sheet metalSheet metalWireWireMetal tanks and containersMetal tanks and containersScrap automobilesScrap automobilesMachine shop turningsMachine shop turnings

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Mechanisms to Ensure Proper RecyclingMechanisms to Ensure Proper RecyclingMechanisms to Ensure Proper RecyclingMechanisms to Ensure Proper Recycling

Documentation of claims (Documentation of claims (§§261 2(f))261 2(f))Documentation of claims (Documentation of claims (§§261.2(f)).261.2(f)).Demonstrate the presence of a known market.Demonstrate the presence of a known market.Demonstrate the material is not a waste or isDemonstrate the material is not a waste or isDemonstrate the material is not a waste or is Demonstrate the material is not a waste or is exempt from regulation.exempt from regulation.

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Speculative accumulation (Speculative accumulation (§§261 1(c)(8))261 1(c)(8))Speculative accumulation (Speculative accumulation (§§261.1(c)(8)).261.1(c)(8)).Prohibited for materials that are not solid waste.Prohibited for materials that are not solid waste.Recycling must be possibleRecycling must be possibleRecycling must be possible.Recycling must be possible.75% of material stored at the beginning of the 75% of material stored at the beginning of the year must actually be recycled or sent foryear must actually be recycled or sent foryear must actually be recycled or sent for year must actually be recycled or sent for recycling by the end of the year.recycling by the end of the year.

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Criteria for Legitimate Recycling vs. Sham Criteria for Legitimate Recycling vs. Sham g y gg y gRecycling.Recycling.

Is the secondary material similar to an analogous raw Is the secondary material similar to an analogous raw material or product?material or product?material or product?material or product?Is the secondary material handled in a manner consistent Is the secondary material handled in a manner consistent with the raw material/product it replaces?with the raw material/product it replaces?What degree of processing is required to produce a What degree of processing is required to produce a finished product?finished product?Is there a market for the end product?Is there a market for the end product?Is there a market for the end product?Is there a market for the end product?Are there toxicsAre there toxics--alongalong--forfor--thethe--ride (TARS)?ride (TARS)?Material value?Material value?

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Part 2Part 2

DSW DeterminationsDSW Determinations --DSW Determinations DSW Determinations Examples and Case StudyExamples and Case Study

Definition of Solid Waste and RecyclingDefinition of Solid Waste and RecyclingPart 2: Examples of Regulatory DeterminationsPart 2: Examples of Regulatory DeterminationsPart 2: Examples of Regulatory Determinations Part 2: Examples of Regulatory Determinations

and Case Studyand Case Study

Presentation at 2008 Hazardous Waste Managers Conference

August 2008

Part 2: ExamplesPart 2: ExamplesPart 2: Examples Part 2: Examples

Spent materialsSpent materialsSpent materialsSpent materials-- Continued use Continued use

S f t t i lS f t t i l-- Scope of spent materialsScope of spent materialsUse/reuse vs. reclamationUse/reuse vs. reclamation

-- Incidental processingIncidental processing

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Examples for DiscussionExamples for DiscussionA l t d f d i / l i tiA l t d f d i / l i ti tli it f ltli it f lA solvent used for degreasing/cleaning operationsA solvent used for degreasing/cleaning operations outlives its usefulnessoutlives its usefulness..

-- What is the regulatory status of this solvent if it is reclaimed to produce virgin solvent?What is the regulatory status of this solvent if it is reclaimed to produce virgin solvent?

-- What is the regulatory status of this solvent if it What is the regulatory status of this solvent if it used as an ingredientused as an ingredient to make fertilizer?to make fertilizer?

-- What is the regulatory status of this solvent if it is subsequently used to What is the regulatory status of this solvent if it is subsequently used to clean drums?clean drums?

-- What is the regulatory status of this solvent if, after used to clean drums, the drums are subsequently cleaned What is the regulatory status of this solvent if, after used to clean drums, the drums are subsequently cleaned with virgin solvent?with virgin solvent?

An ultraAn ultra--pure concentrated sulfuric acid is used in the semipure concentrated sulfuric acid is used in the semi--conductor industry conductor industry to clean silicon wafers before being etched. Over time this acid picks up small to clean silicon wafers before being etched. Over time this acid picks up small particles of ash and photoparticles of ash and photo--resist such that it can no longer be used. However, resist such that it can no longer be used. However, the acid concentration is still purer than commercially available sulfuric acid the acid concentration is still purer than commercially available sulfuric acid used as a raw material in other industrial processesused as a raw material in other industrial processesused as a raw material in other industrial processes.used as a raw material in other industrial processes.

-- What is the regulatory status of this sulfuric acid if, prior to being used to make a reagentWhat is the regulatory status of this sulfuric acid if, prior to being used to make a reagent--grade sulfuric acid, grade sulfuric acid, the material goes through a the material goes through a filtration stepfiltration step to remove small particles accumulated in the acid to protect the to remove small particles accumulated in the acid to protect the mechanical integrity of the product handling equipment?mechanical integrity of the product handling equipment?

-- Reclaimed material subject to RCRA jurisdiction?Reclaimed material subject to RCRA jurisdiction?-- Excluded material under 40 CFR 261.2 (e)(1)(i) Excluded material under 40 CFR 261.2 (e)(1)(i) --used as an ingredient in an industrial process. used as an ingredient in an industrial process.

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Continued UseContinued Use““The Agency has previously stated that when a used solvent is employed The Agency has previously stated that when a used solvent is employed for another solvent use, this continued use indicates the solvent remains a for another solvent use, this continued use indicates the solvent remains a product.product. The used solvent in this case is a material continuing to be used as The used solvent in this case is a material continuing to be used as a solvent the purpose for which it is intended rather than a spent materiala solvent the purpose for which it is intended rather than a spent materiala solvent, the purpose for which it is intended, rather than a spent material a solvent, the purpose for which it is intended, rather than a spent material being reused.being reused. Consequently, the used solvent to be employed for drum Consequently, the used solvent to be employed for drum washing would not be considered a solid waste and would not be subject to washing would not be considered a solid waste and would not be subject to Resource Conservation and Recovery ACT (“RCRA”) Subtitle C hazardous Resource Conservation and Recovery ACT (“RCRA”) Subtitle C hazardous waste regulations when generated transported or used 50 Fed Reg 614waste regulations when generated transported or used 50 Fed Reg 614waste regulations when generated, transported, or used. 50 Fed. Reg. 614, waste regulations when generated, transported, or used. 50 Fed. Reg. 614, 624 (1985)”624 (1985)”

See also RCRA Online 14281 (August 21, 1998).See also RCRA Online 14281 (August 21, 1998).( g , )( g , )

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Incidental Processing Policy GuidanceIncidental Processing Policy Guidance

Incidental processing includes only those processing steps that are Incidental processing includes only those processing steps that are notnot necessary to material necessary to material recovery, and which do not themselves regenerate the material or recover material values. recovery, and which do not themselves regenerate the material or recover material values.

-- Examples include: wetting of dry wastes to avoid wind dispersal; briquetting of dry wastes to Examples include: wetting of dry wastes to avoid wind dispersal; briquetting of dry wastes to facilitate refacilitate re--smelting; sintering or thermally agglomerating ironsmelting; sintering or thermally agglomerating iron--bearing materials before charging bearing materials before charging g g y gg gg g y gg g g g gg g gthem to a blast furnace. (See 50 FR 639.) them to a blast furnace. (See 50 FR 639.)

-- Examples discussed in the 1985 preamble are activities that: Examples discussed in the 1985 preamble are activities that: (1) change a material’s physical (1) change a material’s physical form without changing the mass of the material or its chemical composition, or (2) make form without changing the mass of the material or its chemical composition, or (2) make only a minor change to the mass of the material, which also may make a minor change to only a minor change to the mass of the material, which also may make a minor change to th h i l iti f th t i lth h i l iti f th t i lthe chemical composition of the material.the chemical composition of the material.

-- Additional examples include:Additional examples include:- Shredding and grinding leather trimmings to attain required particle size- Triple distillation of 99% pure mercury to a higher specificationp p y g p- Filtration to protect the mechanical integrity of product handling equipment, such as pumps -Final filtration to remove minute quantities of particulate matter to guarantee the physical quality of the product.

See Memorandum to the Regions from Director, OSW, October 4, 2005.See Memorandum to the Regions from Director, OSW, October 4, 2005.

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Examples for Discussion (Continued)Examples for Discussion (Continued)p ( )p ( )

What is the regulatory status of copperWhat is the regulatory status of copper--containing flue dust containing flue dust (characteristically hazardous for toxicity) generated from a copper (characteristically hazardous for toxicity) generated from a copper smelting operation’s air pollution control system that is reclaimed for smelting operation’s air pollution control system that is reclaimed for its copper content? its copper content?

What is the regulatory status of flue dust (K061) from a steel What is the regulatory status of flue dust (K061) from a steel manufacturing process that is reclaimed for its nickel content?manufacturing process that is reclaimed for its nickel content?

What is the regulatory status of the K061 if it contained a What is the regulatory status of the K061 if it contained a concentration of .5% nickel, and the slag generated from the nickel concentration of .5% nickel, and the slag generated from the nickel , g g, g greclamation process was .7%?reclamation process was .7%?

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Case Study:Safe Delivery System (SDS)

Cylinders

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DSW Determinations – What you see isn’t what you always see!

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BackgroundBackgroundFor several years, unFor several years, un--refillable safe delivery system (SDS) cylinders were stored, refillable safe delivery system (SDS) cylinders were stored, unregulated, at Matheson Triunregulated, at Matheson Tri--Gas without a means of extracting the remaining gases.Gas without a means of extracting the remaining gases.

-- Unlike traditional or compressed gas cylinders, SDS cylinders contain a microUnlike traditional or compressed gas cylinders, SDS cylinders contain a micro--porous porous medium that sorbs high purity gases during filling (the gas molecules sorb both onto the surface ofmedium that sorbs high purity gases during filling (the gas molecules sorb both onto the surface ofmedium that sorbs high purity gases during filling (the gas molecules sorb both onto the surface of medium that sorbs high purity gases during filling (the gas molecules sorb both onto the surface of the medium and into the pore space of the medium). the medium and into the pore space of the medium).

-- Upon continued use, the differential pressure decreases to the point where the customer Upon continued use, the differential pressure decreases to the point where the customer can no longer remove additional gas from the cylinder. can no longer remove additional gas from the cylinder.

In 2003, Commonwealth of Massachusetts requested Region 1 to inspect Matheson. In 2003, Commonwealth of Massachusetts requested Region 1 to inspect Matheson. Region 1 determined cylinders to be spent materials. Region 1 determined cylinders to be spent materials. In 2006, In 2006, Matheson appealed Region 1’s decision to EPA Headquarters.Matheson appealed Region 1’s decision to EPA Headquarters.I 2006 M th l b diI 2006 M th l b di fill bl li d t I t t dfill bl li d t I t t dIn 2006, Matheson also began sending unIn 2006, Matheson also began sending un--refillable cylinders to Integrated refillable cylinders to Integrated Environmental Services (IES) in Atlanta, Georgia to extract the remaining gases.Environmental Services (IES) in Atlanta, Georgia to extract the remaining gases.

Issue: Should RCRA regulation apply to SDS cylinders?Issue: Should RCRA regulation apply to SDS cylinders?Issue: Should RCRA regulation apply to SDS cylinders?Issue: Should RCRA regulation apply to SDS cylinders?

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Figure 1Overview of Matheson Tri-Gas Process

(based on information from 2005 inspection)New SDS Cylinders

(contain media but not gas) AOverview of Matheson Tri-Gas Process

(based on information from 2005 inspection)New SDS Cylinders

(contain media but not gas) A

Filled Matheson SDS Cylinders –Ready for Customer Use Matheson

Customers

New/Refilled SDS Cylinders

Inspection ProcessDiscarded Media-S lid d

Filling Process

90%Refilled

Filled Matheson SDS Cylinders –Ready for Customer Use Matheson

Customers

Inspection ProcessDiscarded Media-S lid d

Filling Process

90%Refilled

Valve Damage that can be reworked in-house?

YES

Other Gases Introduced that

NO

IES Baking ProcessG R t d t M th

Solid and Hazardous waste?

YES

Reworking Process

C

DValve Damage that can be reworked in-house?

YES

Other Gases Introduced that

NO

IES Baking ProcessG S ld t d t M th

Solid and Hazardous waste?

YES

Reworking Process

C

D

can be removed in

Refill & Send for Reuse?

NO

-throat leak

Gases – Returned to MathesonMedia – Discarded after Baking ProcessCylinders – Returned to MathesonValves – Returned to Matheson

YES B

Ccan be removed in-house

Refill & Send for Reuse?

NO

NO -throat leak (valve damage)

Gases – Sold or returned to MathesonMedia – Discarded after Baking ProcessCylinders – Returned to MathesonValves – Returned to Matheson

YES B

C

-non-inert gas contamination-obsolete cylinders (i.e., SDS I)

E10%

Sent to IES

( g )-non-inert gas contamination-obsolete cylinders (i.e., SDS I)

Send to IES for ReprocessingE10%

Sent to IES

Cylinder A – Cylinder containing new media that has not been filledCylinder B – Cylinder containing used media that is ready for refillCylinder C – Cylinder containing used media that has inert gases in headspaceCylinder D – Damaged Cylinder containing used media that can be repaired by MathesonCylinder E

repaired/purified by Matheson

Cylinder A –Cylinder B –Cylinder C –Cylinder D

–Cylinder E Damaged/Contaminated Cylinder containing used media that cannot be

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Two Paradigms in Making Regulatory DeterminationTwo Paradigms in Making Regulatory Determination

Paradigm 1: Gases are Commercial Chemical Products (CCPs)Paradigm 1: Gases are Commercial Chemical Products (CCPs)

-- The The gas is a commoditygas is a commodity that customers want, and cylinders, media, that customers want, and cylinders, media, etc., are for storage.etc., are for storage.-- Regulatory status of cylinders when: Regulatory status of cylinders when:

---- Customer sends cylinder to MathesonCustomer sends cylinder to Matheson: No regulation because : No regulation because CCPCCPgas a CCP. gas a CCP.

---- Inspected by Matheson and Returned to Customer:Inspected by Matheson and Returned to Customer: No No regulation because gas is a CCPregulation because gas is a CCP

Sent by Matheson to IES:Sent by Matheson to IES: No regulation because gas a CCPNo regulation because gas a CCP---- Sent by Matheson to IES:Sent by Matheson to IES: No regulation because gas a CCP.No regulation because gas a CCP.

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Two Paradigms to Making Determination (Continued)Two Paradigms to Making Determination (Continued)

Paradigm 2: SDS cylinders are spent materials.Paradigm 2: SDS cylinders are spent materials.

-- Cylinders are complex, engineered units that either outlive theirCylinders are complex, engineered units that either outlive theirCylinders are complex, engineered units that either outlive their Cylinders are complex, engineered units that either outlive their usefulness (insufficient gas remains) or possibly fail during usage. usefulness (insufficient gas remains) or possibly fail during usage. Gas is one component of this unit.Gas is one component of this unit.

-- SDS cylinders would be considered spent materials when they haveSDS cylinders would be considered spent materials when they have-- SDS cylinders would be considered spent materials when they have SDS cylinders would be considered spent materials when they have been used by customers, if:been used by customers, if:

-- Leaking valves (throat leakers)Leaking valves (throat leakers)-- Contaminated media (either when gas recovered or notContaminated media (either when gas recovered or notContaminated media (either when gas recovered or not Contaminated media (either when gas recovered or not recovered)recovered)-- Obsolete cylindersObsolete cylinders

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Option A: Remaining Gas is an unused CCPOption A: Remaining Gas is an unused CCP

Why should the gas be considered an unused CCP? Why should the gas be considered an unused CCP?

The only material of concern is the gas.The only material of concern is the gas.

The gas is a product purchased by Matheson’s customers, and used after it The gas is a product purchased by Matheson’s customers, and used after it g p p y ,g p p y ,is discharged from the cylinder. is discharged from the cylinder. The remaining gas in the cylinder is an unused product inside a container.The remaining gas in the cylinder is an unused product inside a container.The SDS cylinders and media are a storage container holding the gas. The SDS cylinders and media are a storage container holding the gas.

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Past Interpretations Potentially Supporting CCP Past Interpretations Potentially Supporting CCP P diP diParadigmParadigm

Recycling torpedo fuel contaminated with salt water.Recycling torpedo fuel contaminated with salt water.A l i f l th t i i t d ( ft it h b fi d) th t iA l i f l th t i i t d ( ft it h b fi d) th t i-- Any propulsion fuel that remains in a torpedo (after it has been fired) that is Any propulsion fuel that remains in a torpedo (after it has been fired) that is

retrieved from the ocean can be recovered. retrieved from the ocean can be recovered.

RefillingRefilling bubbler canisters containing phosphorous oxychloride chemical may bubbler canisters containing phosphorous oxychloride chemical may b l i db l i dbe reclaimed.be reclaimed.-- The data from company that manufactures new bubblers and receives returned The data from company that manufactures new bubblers and receives returned bubblers indicate phosphorous oxychloride remaining in the returned canister is bubblers indicate phosphorous oxychloride remaining in the returned canister is almost as pure as it was when inserted into the canister.almost as pure as it was when inserted into the canister.

Refilling compressed gas cylinders containing gaseous residues.Refilling compressed gas cylinders containing gaseous residues.-- Residues may be reclaimed. Returned cylinders are “topped off” without discard of Residues may be reclaimed. Returned cylinders are “topped off” without discard of the residues, and with reclamation of the residues by the gas supplier. In these the residues, and with reclamation of the residues by the gas supplier. In these

id t lid tid t lid tcases, residues are not solid wastes. cases, residues are not solid wastes.

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What are policy implications if we adopt this paradigm?What are policy implications if we adopt this paradigm?

SDS gases are not subject to RCRA jurisdiction so long as Matheson and IES recycle SDS gases are not subject to RCRA jurisdiction so long as Matheson and IES recycle and recover gases. No RCRA oversight of Matheson and similar operations. and recover gases. No RCRA oversight of Matheson and similar operations.

Potential inconsistency in both past and future interpretations between CCPs and Potential inconsistency in both past and future interpretations between CCPs and spent materials.spent materials.

P shes the decision line bet een CCPs and spent materials along the spectr mP shes the decision line bet een CCPs and spent materials along the spectr mPushes the decision line between CCPs and spent materials along the spectrum Pushes the decision line between CCPs and spent materials along the spectrum towards CCPs. towards CCPs.

CCP paradigm CCP paradigm may may be hard to oversee in preventing sham operations because it is be hard to oversee in preventing sham operations because it is often difficult to prove abandonment.often difficult to prove abandonment.

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Option B: SDS Cylinders are spent materialsOption B: SDS Cylinders are spent materials

Why should SDS cylinders be considered spent materials?Why should SDS cylinders be considered spent materials?

-- When Matheson markets its product it is not just marketing the gas but the entireWhen Matheson markets its product it is not just marketing the gas but the entireWhen Matheson markets its product, it is not just marketing the gas, but the entire When Matheson markets its product, it is not just marketing the gas, but the entire unit. unit.

-- The complexity of the processes required to remove the gas from the cylinders is The complexity of the processes required to remove the gas from the cylinders is what separates this paradigm from other “containers holding CCP” and makes the what separates this paradigm from other “containers holding CCP” and makes the

li d lik th i d it id d t t i l ( i itli d lik th i d it id d t t i l ( i itcylinder more like other engineered units considered spent materials (e.g., ignitron cylinder more like other engineered units considered spent materials (e.g., ignitron tubes, mercury switches).tubes, mercury switches).

-- SDS cylinders being sent to IES may also include throat leakers, which counsels in SDS cylinders being sent to IES may also include throat leakers, which counsels in favor of regulating them as spent materials because the unit has lost its integrity andfavor of regulating them as spent materials because the unit has lost its integrity andfavor of regulating them as spent materials because the unit has lost its integrity and favor of regulating them as spent materials because the unit has lost its integrity and can no longer be reused.can no longer be reused.

-- SDS cylinders being sent to IES may include cylinders with contamination in the SDS cylinders being sent to IES may include cylinders with contamination in the medium by other gases, which counsels in favor of regulating at least those medium by other gases, which counsels in favor of regulating at least those

t i t d li d t t i lt i t d li d t t i lcontaminated cylinders as spent materials.contaminated cylinders as spent materials.

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Past Interpretations Potentially Supporting Past Interpretations Potentially Supporting S t M t i l P diS t M t i l P diSpent Material ParadigmSpent Material Paradigm

Ignitron tubes containing mercury.Ignitron tubes containing mercury.

--Ignitron tubes (e.g., electron tubes that convert alternating current (AC) to direct Ignitron tubes (e.g., electron tubes that convert alternating current (AC) to direct current (DC)) sent off site for mercury reclamation are classified as spent material current (DC)) sent off site for mercury reclamation are classified as spent material and therefore meet the definition of solid wasteand therefore meet the definition of solid wasteand therefore meet the definition of solid waste. and therefore meet the definition of solid waste.

The recycling of mercury switches.The recycling of mercury switches.

-- When are used mercury relay switches spent? If mercury switch is sent for further When are used mercury relay switches spent? If mercury switch is sent for further use as a relay or switch, it never becomes a solid waste. If the switch is taken out of use as a relay or switch, it never becomes a solid waste. If the switch is taken out of

service and shipped for reclamation, it is considered a spent material.service and shipped for reclamation, it is considered a spent material.

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What are policy implications if we adopt this What are policy implications if we adopt this di ?di ?paradigm?paradigm?

SDS cylinders sent to IES subject to RCRA jurisdictionSDS cylinders sent to IES subject to RCRA jurisdiction. Matheson and IES . Matheson and IES must comply with all applicable regulations. must comply with all applicable regulations. ust co p y t a app cab e egu at o sust co p y t a app cab e egu at o s

Potential inconsistency in both past and future interpretations between Potential inconsistency in both past and future interpretations between CCPs and spent materials.CCPs and spent materials.

Classification of the gas/cylinder/media as a unit instead of a material inside Classification of the gas/cylinder/media as a unit instead of a material inside a container would push the line of demarcation closer to the engineereda container would push the line of demarcation closer to the engineered--unit/spent material end of the continuum. unit/spent material end of the continuum.

Spent material paradigm allows oversight by EPA and states. Spent material paradigm allows oversight by EPA and states.

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Office Director DecisionOffice Director Decision

There is aThere is a need for EPA to clarify when an engineered unit should be need for EPA to clarify when an engineered unit should be classified as a container holding an unused CCP or spent material. classified as a container holding an unused CCP or spent material.

There is an important distinction between these two situations. There is an important distinction between these two situations. -- With respect to ignitron tubes and mercury switches, the chemical of concern With respect to ignitron tubes and mercury switches, the chemical of concern

(e.g., mercury) plays an integral role in the functioning of the unit, (e.g., mercury) plays an integral role in the functioning of the unit, while the chemical while the chemical is inside of the unitis inside of the unitis inside of the unit.is inside of the unit.

-- The mercury has no function outside of these units.The mercury has no function outside of these units.

-- Conversely, with the SDS cylinders and pressurized gas canisters, the Conversely, with the SDS cylinders and pressurized gas canisters, the principal p rpose of the nit is to store and dispense the chemicalprincipal p rpose of the nit is to store and dispense the chemicalprincipal purpose of the unit is to store and dispense the chemical.principal purpose of the unit is to store and dispense the chemical.

-- The principal The principal purposepurpose for which the chemical (e.g., phosphine or arsine) is for which the chemical (e.g., phosphine or arsine) is used used occurs outside of the unit.occurs outside of the unit.

Therefore, SDS canisters are storage and delivery units holding a CCP.Therefore, SDS canisters are storage and delivery units holding a CCP.

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Office Director Decision (Continued)Office Director Decision (Continued)

Two further points are worth noting. Two further points are worth noting.

First containers holding unused CCPs and any residues generated fromFirst containers holding unused CCPs and any residues generated fromFirst, containers holding unused CCPs and any residues generated from First, containers holding unused CCPs and any residues generated from CCP recovery must undergo a new hazardous waste determination after the CCP recovery must undergo a new hazardous waste determination after the cylinders are emptiedcylinders are emptied..

Second, those managing unused CCPs that require reclamation should be Second, those managing unused CCPs that require reclamation should be aware of the potential for these types of materials to be abandoned. aware of the potential for these types of materials to be abandoned.

For example if unused CCPs were being stored for a long period ofFor example if unused CCPs were being stored for a long period of-- For example, if unused CCPs were being stored for a long period of For example, if unused CCPs were being stored for a long period of time without any foreseeable means of recovering the product, or if no time without any foreseeable means of recovering the product, or if no foreseeable market existed for the recovered product, an overseeing foreseeable market existed for the recovered product, an overseeing regulatory agency might well conclude that they were abandoned, and thus regulatory agency might well conclude that they were abandoned, and thus subject to Subtitle C hazardous waste regulationssubject to Subtitle C hazardous waste regulationssubject to Subtitle C hazardous waste regulations.subject to Subtitle C hazardous waste regulations.

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Closing comments: Making Sense of DSWClosing comments: Making Sense of DSWClosing comments: Making Sense of DSWClosing comments: Making Sense of DSW

Steps in conducting a DSW RegulatorySteps in conducting a DSW Regulatory DeterminationDeterminationSteps in conducting a DSW RegulatorySteps in conducting a DSW Regulatory DeterminationDetermination

---- Know and understand the facts of the situation (process Know and understand the facts of the situation (process fl d t d d t i l di iti t )fl d t d d t i l di iti t )flows, products and secondary materials, disposition, etc.)flows, products and secondary materials, disposition, etc.)---- What have we said in the past? (FR Notices, RCRA Online)What have we said in the past? (FR Notices, RCRA Online)---- Stay abreast of any recent changes to policy or adjudicationStay abreast of any recent changes to policy or adjudication---- Talk to your colleagues. “Do you see what I see?”Talk to your colleagues. “Do you see what I see?”---- Don’t assume anything!Don’t assume anything!---- Don’t die on your sword!Don’t die on your sword!Don t die on your sword!Don t die on your sword!

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Searching RCRA Online Using GoogleSearching RCRA Online Using GoogleSearching RCRA Online Using GoogleSearching RCRA Online Using GoogleEnter the word “site” followed immediately by the name of the serverEnter the word “site” followed immediately by the name of the server

-- For RCRA Online: site:http://yosemite.epa.govFor RCRA Online: site:http://yosemite.epa.gov

-- Then enter a space followed by your search terms.Then enter a space followed by your search terms.

Example: If you want to search for “copper slag”, enter;Example: If you want to search for “copper slag”, enter;site:http://yosemite.epa.gov copper slagsite:http://yosemite.epa.gov copper slag

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EPA’s Definition of Solid Waste NetworkEPA’s Definition of Solid Waste NetworkEPA s Definition of Solid Waste NetworkEPA s Definition of Solid Waste Network

Join the fun!Join the fun!Get the latest and greatest from OSW on DSW issues Get the latest and greatest from OSW on DSW issues and activitiesand activitiesInteract with your peersInteract with your peersDiscuss issues and topics of concernDiscuss issues and topics of concernObtain guidance and ideas from your peersObtain guidance and ideas from your peersObtain guidance and ideas from your peersObtain guidance and ideas from your peers

Contact Teena Wooten at wooten teena@epa govContact Teena Wooten at wooten teena@epa govContact Teena Wooten at [email protected] Teena Wooten at [email protected]

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Part 3Part 3

Definition of Solid Waste Definition of Solid Waste Website and Tool KitWebsite and Tool KitWebsite and Tool KitWebsite and Tool Kit

PurposePurposePurposePurpose

Share with ASTSWMO efforts underway in EPA’sShare with ASTSWMO efforts underway in EPA’sShare with ASTSWMO efforts underway in EPA s Share with ASTSWMO efforts underway in EPA s Office of Solid Waste (OSW) regarding website Office of Solid Waste (OSW) regarding website development activities.development activities.

Particular emphasis on:Particular emphasis on:ppDefinition of Solid Waste (DSW) WebsiteDefinition of Solid Waste (DSW) WebsiteDSW Tool KitDSW Tool Kit

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Definition of Solid Waste (DSW) Definition of Solid Waste (DSW) Website DraftWebsite DraftWebsite DraftWebsite Draft

Current Wastes HomepageCurrent Wastes Homepage

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Proposed Wastes HomepageProposed Wastes Homepage

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Proposed Hazardous Wastes WebsiteProposed Hazardous Wastes Website

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Proposed Hazardous Wastes Website (Proposed Hazardous Wastes Website (cont.)cont.)Proposed Hazardous Wastes Website (Proposed Hazardous Wastes Website (cont.)cont.)

Will include information on:Will include information on:Will include information on:Will include information on:Definition of Solid Waste (DSW)Definition of Solid Waste (DSW)Types of Hazardous WasteTypes of Hazardous WasteypypGenerationGenerationTransportationTransportationTreatment, Storage, and Disposal (TSD)Treatment, Storage, and Disposal (TSD)Waste Minimization Waste Minimization H d W t R liH d W t R liHazardous Waste RecyclingHazardous Waste RecyclingCorrective ActionCorrective ActionTest MethodsTest Methods

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Test MethodsTest Methods

Proposed Hazardous Wastes Website (Proposed Hazardous Wastes Website (cont.cont.))Proposed Hazardous Wastes Website (Proposed Hazardous Wastes Website (cont.cont.))

New website is designed to:New website is designed to:New website is designed to:New website is designed to:Be more user friendlyBe more user friendlyComprehensiveComprehensiveComprehensiveComprehensiveUpUp--toto--datedate

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Proposed DSW WebsiteProposed DSW Website

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Proposed DSW Website (Proposed DSW Website (cont.)cont.)Proposed DSW Website (Proposed DSW Website (cont.)cont.)

Will include information on DSW:Will include information on DSW:Will include information on DSW:Will include information on DSW:CompendiumCompendiumRulemakingsRulemakingsRulemakingsRulemakingsResourcesResourcesDSW Tool KitDSW Tool KitDSW Tool KitDSW Tool Kit

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Proposed DSW Website Proposed DSW Website –– Compendium (Compendium (cont.cont.))

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Proposed DSW Website Proposed DSW Website ––DSW Rulemakings HistoryDSW Rulemakings HistoryDSW Rulemakings HistoryDSW Rulemakings History

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Proposed DSW Website Proposed DSW Website ––DSW ResourcesDSW ResourcesDSW ResourcesDSW Resources

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DSW Tool Kit DraftDSW Tool Kit Draft

InstructionsInstructionsInstructionsInstructions

To review the DSW Tool, please use View > Slide Show.To review the DSW Tool, please use View > Slide Show.

Many external links (e.g., to the CFR) are not operational. However, the Many external links (e.g., to the CFR) are not operational. However, the decision links (“Yes” and “No”) are operational.decision links (“Yes” and “No”) are operational. So, you can step through So, you can step through the Tool acting as a potential user. the Tool acting as a potential user. g pg p

The slides do not include a “back” button. The approach for the actual tool The slides do not include a “back” button. The approach for the actual tool to have users use their browser’s back button to return to a slide. If desired, to have users use their browser’s back button to return to a slide. If desired, a back button can be added to the tool.a back button can be added to the tool.a back button can be added to the tool. a back button can be added to the tool.

To return to the previously viewed slide, rightTo return to the previously viewed slide, right--click, and on the shortcut click, and on the shortcut menu, click menu, click Last Viewed.Last Viewed.

The slides have a placeholder for a flowchart graphic. The flowchart graphic The slides have a placeholder for a flowchart graphic. The flowchart graphic will be added after the order of the steps is finalized. will be added after the order of the steps is finalized.

Please note that the slide titles are not considered part of the ToolPlease note that the slide titles are not considered part of the Tool

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Please note that the slide titles are not considered part of the Tool.Please note that the slide titles are not considered part of the Tool.

GENERAL DISCLAIMERGENERAL DISCLAIMERGENERAL DISCLAIMERGENERAL DISCLAIMER

This DSW Tool Kit is provided by EPA for the This DSW Tool Kit is provided by EPA for the i f th l t d it It i ti f th l t d it It i tconvenience of the regulated community. It is not a convenience of the regulated community. It is not a

regulation, nor can it be considered a substitute for the regulation, nor can it be considered a substitute for the actual regulations, themselves, or for related laws and actual regulations, themselves, or for related laws and applicable court decisions If a person uses this websiteapplicable court decisions If a person uses this websiteapplicable court decisions. If a person uses this website applicable court decisions. If a person uses this website to make decisions regarding whether his material is a to make decisions regarding whether his material is a solid waste, he makes that decision at the risk of having solid waste, he makes that decision at the risk of having incorrectly interpreted applicable laws, regulations and/orincorrectly interpreted applicable laws, regulations and/orincorrectly interpreted applicable laws, regulations and/or incorrectly interpreted applicable laws, regulations and/or legal decisions. EPA does not intend this website to be legal decisions. EPA does not intend this website to be cited as precedent before a court or before EPA to cited as precedent before a court or before EPA to support a person’s decision whether to treat his material support a person’s decision whether to treat his material

lid tlid t EPA d t tEPA d t tas a solid waste. as a solid waste. EPA recommends you contact your EPA recommends you contact your authorized state agencyauthorized state agency or EPA regional office should or EPA regional office should you have any concerns or doubts about whether your you have any concerns or doubts about whether your material is subject to RCRA jurisdictionmaterial is subject to RCRA jurisdiction

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material is subject to RCRA jurisdiction. material is subject to RCRA jurisdiction.

InstructionsInstructionsIngredients/SubstitutesIngredients/Substitutes Excluded MaterialsExcluded Materials Discarded MaterialsDiscarded Materials

About the ToolAbout the Tool

Definition of Solid Waste Decision Flowchart

The Definition of Solid Waste Tool is an interactive guide to help users determine The Definition of Solid Waste Tool is an interactive guide to help users determine if a material meets the Definition of Solid Waste. This tool is designed to follow a if a material meets the Definition of Solid Waste. This tool is designed to follow a series of decisions that a typical user might make when determining whether a series of decisions that a typical user might make when determining whether a material meets the Definition of Solid Waste.material meets the Definition of Solid Waste. The decisions in the tool are The decisions in the tool are organized to simplify this decision process and to allow the largest number of organized to simplify this decision process and to allow the largest number of users to reach a conclusion as quickly as possible.users to reach a conclusion as quickly as possible. This tool does not follow the This tool does not follow the outline of the Definition of Solid Waste regulations in the same order that appearsoutline of the Definition of Solid Waste regulations in the same order that appearsoutline of the Definition of Solid Waste regulations in the same order that appears outline of the Definition of Solid Waste regulations in the same order that appears in those regulations (see in those regulations (see 40 CFR 261.240 CFR 261.2).).

This web site describes Federal regulations for hazardous wastes. You may be This web site describes Federal regulations for hazardous wastes. You may be subject to more stringent regulations established by your State. Please contact subject to more stringent regulations established by your State. Please contact your your appropriate State environmental authority appropriate State environmental authority for official guidance.for official guidance.

Instructions for using the tool: Instructions for using the tool:

1. Read the description for each step. If more information is needed to answer the 1. Read the description for each step. If more information is needed to answer the question, use the resources listed (they will open in a new window) under the question, use the resources listed (they will open in a new window) under the description to access EPA training modules or review EPA interpretations and description to access EPA training modules or review EPA interpretations and decisions on the topic in the Definition of Solid Waste Compendium.decisions on the topic in the Definition of Solid Waste Compendium.

2 Click on the appropriate link to move to the next step or see whether your waste 2 Click on the appropriate link to move to the next step or see whether your waste meets the Definition of Solid Waste.meets the Definition of Solid Waste.

BEGINBEGIN

8/5/20088/5/2008 8989

Materials that are not solid wastes when recycledMaterials that are not solid wastes when recycled

Ingredients/SubstitutesIngredients/Substitutes Excluded MaterialsExcluded Materials Discarded MaterialsDiscarded Materials

Step 1 of 9Step 1 of 9


Are you performing any of these activities under Are you performing any of these activities under 40 CFR 40 CFR 261.2(e)(1)261.2(e)(1)??

Used or reused as an ingredient;Used or reused as an ingredient;Used or reused as an effective substitute; or,Used or reused as an effective substitute; or,Returned to the original process without first being reclaimedReturned to the original process without first being reclaimedReturned to the original process without first being reclaimed. Returned to the original process without first being reclaimed.

YESYESNONO

Not sure what this question is asking? Please see:Not sure what this question is asking? Please see:

DSWDSW Compendium, Volume M: Use/Reuse Compendium, Volume M: Use/Reuse –– Lists resources specific to this Lists resources specific to this topic area. topic area.

RCRA Orientation Manual: Hazardous Waste Identification (PDF) (26 pp, 400K)RCRA Orientation Manual: Hazardous Waste Identification (PDF) (26 pp, 400K)–– This chapter provides an overview of solid and hazardous waste identification. This chapter provides an overview of solid and hazardous waste identification. To access other Orientation Manual chapters, click To access other Orientation Manual chapters, click herehere..

8/5/20088/5/2008 9090

Materials that may be solid wastes when recycled (Materials that may be solid wastes when recycled (cont.)cont.)

Ingredients/SubstitutesIngredients/Substitutes Excluded MaterialsExcluded Materials Discarded MaterialsDiscarded Materials

Step 1 (cont.) of 9Step 1 (cont.) of 9


Based on your answer, this material generally is not a solid Based on your answer, this material generally is not a solid waste.waste.

HoweverHowever, , the following materials are solid wastes, even ifthe following materials are solid wastes, even if the recycling involves the recycling involves use, reuse, or return to the original process if:use, reuse, or return to the original process if:

The materials are The materials are inherently wasteinherently waste--likelike; ; The materials are The materials are used in a manner constituting disposalused in a manner constituting disposal; ; The materials are The materials are burned for energy recovery, used to produce a fuel, or burned for energy recovery, used to produce a fuel, or

contained in fuels; or,contained in fuels; or,The materials are The materials are accumulated speculativelyaccumulated speculatively..

Do any of the above apply to you?Do any of the above apply to you?

YESYESNONO

Not sure what this question is asking? Not sure what this question is asking?

ContinueContinue

DSWDSW CompendiumCompendium, Volume A: Exclusions, Volume A: Exclusions –– Lists resources specific to this topic Lists resources specific to this topic area. area.

8/5/20088/5/2008 9191


Specific ExclusionsSpecific ExclusionsIngredients/SubstitutesIngredients/Substitutes Excluded MaterialsExcluded Materials Discarded MaterialsDiscarded Materials


Is the material specifically excluded under 40 CFR 261 4(a)?Is the material specifically excluded under 40 CFR 261 4(a)?


Is the material specifically excluded under 40 CFR 261.4(a)?Is the material specifically excluded under 40 CFR 261.4(a)?

Certain materials listed underCertain materials listed under 40 CFR 261.4(a)40 CFR 261.4(a) are excluded from the definition of are excluded from the definition of solid waste for a variety of reasons, including public policy, economic impacts, solid waste for a variety of reasons, including public policy, economic impacts, regulation by other laws, lack of data, or impracticability of regulating the waste.regulation by other laws, lack of data, or impracticability of regulating the waste.Many of these exclusions are based upon the condition that the material is Many of these exclusions are based upon the condition that the material is recycled.recycled.recycled.recycled.

Is the material listed under Is the material listed under 40 CFR 261.4(a)40 CFR 261.4(a)??

YESYESNONO

N t h t thi ti i ki ? PlN t h t thi ti i ki ? PlNot sure what this question is asking? Please see:Not sure what this question is asking? Please see:

DSWDSW Compendium,Compendium, Volume A: ExclusionsVolume A: Exclusions –– Lists resources specific to this topic Lists resources specific to this topic area. area.

RCRA Orientation Manual: Hazardous Waste Identification (PDF) (26 pp, 400K)RCRA Orientation Manual: Hazardous Waste Identification (PDF) (26 pp, 400K)–– This chapter provides an overview of solid and hazardous waste identificationThis chapter provides an overview of solid and hazardous waste identificationThis chapter provides an overview of solid and hazardous waste identification. This chapter provides an overview of solid and hazardous waste identification. To access other Orientation Manual chapters, click To access other Orientation Manual chapters, click herehere..

8/5/20088/5/2008 9292

Discarded Materials Discarded Materials –– Military MunitionsMilitary MunitionsIngredients/SubstitutesIngredients/Substitutes Excluded MaterialsExcluded Materials Discarded MaterialsDiscarded Materials

Military MunitionsMilitary Munitions ●● Inherently WasteInherently Waste--Like Like ●● Abandoned Abandoned ●● RecycledRecycled


Is the material a military munition identified as solid waste?Is the material a military munition identified as solid waste?


Is the material a military munition identified as solid waste?Is the material a military munition identified as solid waste?

A military munition is a A military munition is a solid wastesolid waste if it is defined as such in if it is defined as such in 40 CFR 266.20240 CFR 266.202. . Unused or defective munitions are solid wastes when abandoned (i.e., disposed Unused or defective munitions are solid wastes when abandoned (i.e., disposed of, burned, incinerated) or treated prior to disposal; rendered nonof, burned, incinerated) or treated prior to disposal; rendered non--recyclable or recyclable or nonnon--useable through deterioration; or declared a waste by an authorized military useable through deterioration; or declared a waste by an authorized military official. Used (i.e., fired or detonated) munitions may also be solid wastes if official. Used (i.e., fired or detonated) munitions may also be solid wastes if collected for storage, recycling, treatment, or disposal. collected for storage, recycling, treatment, or disposal.

Is the material a military munition identified as Is the material a military munition identified as solid wastesolid waste??

YESYESNONO


DSWDSW Compendium,Compendium, Volume C: Military Munitions Volume C: Military Munitions –– Lists resources specific to Lists resources specific to this topic area. this topic area.

RCRA Orientation Manual: Hazardous Waste Identification (PDF) (26 pp, 400K)RCRA Orientation Manual: Hazardous Waste Identification (PDF) (26 pp, 400K)( ) ( pp, )( ) ( pp, )–– This chapter provides an overview of solid and hazardous waste identification. This chapter provides an overview of solid and hazardous waste identification. To access other Orientation Manual chapters, click To access other Orientation Manual chapters, click herehere..

8/5/20088/5/2008 9393

Recycled Materials Recycled Materials –– ReclaimedReclaimedIngredients/SubstitutesIngredients/Substitutes Excluded MaterialsExcluded Materials Discarded MaterialsDiscarded Materials

Military MunitionsMilitary Munitions ●● Inherently WasteInherently Waste--Like Like ●● AbandonedAbandoned ●● RecycledRecycled


Is the material being reclaimed?Is the material being reclaimed?


Is the material being reclaimed?Is the material being reclaimed?

As described under As described under 40 CFR 261.2(c)(3)40 CFR 261.2(c)(3), some materials are a solid waste when , some materials are a solid waste when reclaimedreclaimed. A material is . A material is reclaimedreclaimed if it is processed to recover a usable product, or if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents. regeneration of spent solvents.

Is the material being Is the material being reclaimedreclaimed??

YESYESNONO


DSWDSW Compendium,Compendium, Volume F: Volume F: Reclamation Reclamation –– Lists resources specific to this Lists resources specific to this topic area. topic area.

RCRA Orientation Manual: Hazardous Waste Identification (PDF) (26 pp, 400K)RCRA Orientation Manual: Hazardous Waste Identification (PDF) (26 pp, 400K)–– This chapter provides an overview of solid and hazardous waste identification. This chapter provides an overview of solid and hazardous waste identification. To access other Orientation Manual chapters clickTo access other Orientation Manual chapters click herehereTo access other Orientation Manual chapters, click To access other Orientation Manual chapters, click herehere..

8/5/20088/5/2008 9494

Recycled Materials Recycled Materials –– Reclaimed (Reclaimed (contcont.).)Ingredients/SubstitutesIngredients/Substitutes Excluded MaterialsExcluded Materials Discarded MaterialsDiscarded Materials


Step 9 (cont.) of 9Step 9 (cont.) of 9


Is the material being reclaimed a sludge or byIs the material being reclaimed a sludge or by--product product exhibiting a characteristic of hazardous waste (note: this does exhibiting a characteristic of hazardous waste (note: this does

not pertain to listed wastes)?not pertain to listed wastes)?

YESYESNONONONO


“Sludge” is defined at “Sludge” is defined at 40 CFR 260.1040 CFR 260.10. .

“By“By--product” is defined at product” is defined at 40 CFR 261.1(c)(3). 40 CFR 261.1(c)(3).

For information on hazardous waste characteristics, see the For information on hazardous waste characteristics, see the Hazardous Waste Hazardous Waste areaarea..

DSWDSW CompendiumCompendium Volume F:Volume F: ReclamationReclamation –– Lists resources specific to thisLists resources specific to thisDSWDSW Compendium,Compendium, Volume F: Volume F: Reclamation Reclamation Lists resources specific to this Lists resources specific to this topic area. topic area.


8/5/20088/5/2008 9595

Material is a Solid WasteMaterial is a Solid WasteIngredients/SubstitutesIngredients/Substitutes Excluded MaterialsExcluded Materials Discarded MaterialsDiscarded MaterialsIngredients/SubstitutesIngredients/Substitutes Excluded MaterialsExcluded Materials Discarded MaterialsDiscarded Materials


Based on your answers, your material is a solid waste and may Based on your answers, your material is a solid waste and may be subject to RCRA Subtitle C regulation.be subject to RCRA Subtitle C regulation.


So, what’s next? So, what’s next?

Your solid waste may be:Your solid waste may be:

Excluded from the definition of Excluded from the definition of hazardous wastehazardous waste;;AnAn excluded hazardous wasteexcluded hazardous waste (i e hazardous wastes not subject to hazardous(i e hazardous wastes not subject to hazardousAn An excluded hazardous wasteexcluded hazardous waste (i.e., hazardous wastes not subject to hazardous (i.e., hazardous wastes not subject to hazardous

waste regulation when recycled);waste regulation when recycled);A hazardous waste subject to A hazardous waste subject to alternative requirements when recycledalternative requirements when recycled; or,; or,Subject to full hazardous waste requirements. Subject to full hazardous waste requirements.

The full requirements for facilities that store and/or recycle hazardous wastes are The full requirements for facilities that store and/or recycle hazardous wastes are outlined in outlined in 40 CFR 40 CFR §§261.6(b)261.6(b)--(c)(c). Additional information on requirements for . Additional information on requirements for persons who generate, transport, or store prior to recycling is provided at the persons who generate, transport, or store prior to recycling is provided at the H d W tH d W tHazardous Waste area.Hazardous Waste area.

For more information on characteristic and listed wastes, see theFor more information on characteristic and listed wastes, see the Hazardous Hazardous Waste area. Waste area.

Also, some materials may have received a variance from the definition of solidAlso, some materials may have received a variance from the definition of solidwaste. Standards and criteria for variances are provided at waste. Standards and criteria for variances are provided at 40 CFR 260.3040 CFR 260.30 and and 40 40 CFR 260.31CFR 260.31. For additional information, see . For additional information, see DSWDSW Compendium,Compendium, Volume S: CaseVolume S: Case--,, p ,p ,byby--Case Variances. Case Variances.


8/5/20088/5/2008 9696

Material is a Solid Waste Material is a Solid Waste –– Use Constituting DisposalUse Constituting DisposalIngredients/SubstitutesIngredients/Substitutes Excluded MaterialsExcluded Materials Discarded MaterialsDiscarded Materials


Based on your answers, your material is one of the following Based on your answers, your material is one of the following solid wastes:solid wastes:

A spent material;A spent material;A l d li t d iA l d li t d i 40 CFR P t 261 3140 CFR P t 261 31 261 32261 32


A sludge listed in A sludge listed in 40 CFR Part 261.31 40 CFR Part 261.31 or or 261.32261.32;;A sludge exhibiting a characteristic of hazardous waste;A sludge exhibiting a characteristic of hazardous waste;A byA by--product listed in product listed in 40 CFR Part 261.31 40 CFR Part 261.31 or or 261.32261.32;;A byA by--product exhibiting a characteristic of hazardous waste; product exhibiting a characteristic of hazardous waste; A commercial chemical product listed in A commercial chemical product listed in 40 CFR 261.33 40 CFR 261.33 that is not land applied that is not land applied

as the ordinary use for the material; or,as the ordinary use for the material; or,Scrap metal other than excluded scrap metal (seeScrap metal other than excluded scrap metal (see 261.1(c)(9)261.1(c)(9)).).Scrap metal other than excluded scrap metal (see Scrap metal other than excluded scrap metal (see 261.1(c)(9)261.1(c)(9)). ).

So, what’s next? So, what’s next? You should check to see if your solid waste may be:You should check to see if your solid waste may be:

Excluded from the definition of Excluded from the definition of hazardous wastehazardous waste;;An An excluded hazardous wasteexcluded hazardous waste (i.e., hazardous wastes not subject to hazardous (i.e., hazardous wastes not subject to hazardous

waste regulation when recycled);waste regulation when recycled);g y )g y )A hazardous waste subject to A hazardous waste subject to lessless--stringent requirements when recycledstringent requirements when recycled; or ; or Subject to full hazardous waste requirements. Subject to full hazardous waste requirements.

The full requirements for facilities that store and/or recycle hazardous wastes are The full requirements for facilities that store and/or recycle hazardous wastes are outlined in outlined in 40 CFR 40 CFR §§261.6(b)261.6(b)--(c)(c). Additional information on requirements for . Additional information on requirements for persons who generate, transport, or store prior to recycling is provided at the persons who generate, transport, or store prior to recycling is provided at the Hazardous Waste area.Hazardous Waste area.

For more information on characteristic and listed wastes, see theFor more information on characteristic and listed wastes, see the Hazardous Hazardous ,,Waste area. Waste area.

Also, some materials may be excluded from the definition of solid waste by Also, some materials may be excluded from the definition of solid waste by variance. Standards and criteria for variances are provided at variance. Standards and criteria for variances are provided at 40 CFR 260.3040 CFR 260.30 and and 40 CFR 260.3140 CFR 260.31. For additional information, see . For additional information, see DSWDSW Compendium, Compendium, Volume S: Volume S: CaseCase--byby--Case Variances. Case Variances.

8/5/20088/5/2008 9797


Material is Material is notnot a Solid Wastea Solid WasteIngredients/SubstitutesIngredients/Substitutes Excluded MaterialsExcluded Materials Discarded MaterialsDiscarded Materials

Military MunitionsMilitary Munitions ●● Inherently WasteInherently Waste--LikeLike ●● Abandoned Abandoned ●● RecycledRecycled

Based on your answers, your material does not appear to be Based on your answers, your material does not appear to be subject to federal RCRA Subtitle C regulation.subject to federal RCRA Subtitle C regulation.

H t t i th l ti h d i thi t l kit tH t t i th l ti h d i thi t l kit t


However, you may want to review the selections you have made in this tool kit to However, you may want to review the selections you have made in this tool kit to ensure their accuracy. If you require additional assistance, you may ensure their accuracy. If you require additional assistance, you may submit a submit a questionquestion..

Please note that the goal of EPA’s definition of solid waste Please note that the goal of EPA’s definition of solid waste l ti i t th t t i l l d f l dl ti i t th t t i l l d f l dregulations is to ensure that materials are recycled safely and regulations is to ensure that materials are recycled safely and

legitimately. legitimately.

A situation may occur when a respondent in an enforcement A situation may occur when a respondent in an enforcement action regarding a claim that their material is not a solid waste action regarding a claim that their material is not a solid waste or conditionally exempt from regulation must demonstrate thator conditionally exempt from regulation must demonstrate thator conditionally exempt from regulation must demonstrate that or conditionally exempt from regulation must demonstrate that there is a known market or disposition for their material. (See there is a known market or disposition for their material. (See 40 CFR 261.2(f)). EPA also has elaborated on this issue in terms 40 CFR 261.2(f)). EPA also has elaborated on this issue in terms of other criteria that may be used to support a claim that their of other criteria that may be used to support a claim that their material is not a solid waste (i.e., similar to an analogous raw material is not a solid waste (i.e., similar to an analogous raw material, material value, handled similarly as raw material, material, material value, handled similarly as raw material, degree of processing required, etc). degree of processing required, etc).

Also note that your material also may be subject to other environmental regulation, Also note that your material also may be subject to other environmental regulation, e.g., under RCRA Subtitle D or other state hazardous waste regulations.e.g., under RCRA Subtitle D or other state hazardous waste regulations.

For more information on wastes regulated underFor more information on wastes regulated under RCRA Subtitle D, see the RCRA Subtitle D, see the N h d W tN h d W t

8/5/20088/5/2008 9898

Nonhazardous Waste area.Nonhazardous Waste area.

Please contact your Please contact your appropriate State environmental authority appropriate State environmental authority for official for official guidanceguidance..

Part 4Part 4

O i fO i fOverview of Overview of Proposed DSW RegulatoryProposed DSW RegulatoryProposed DSW Regulatory Proposed DSW Regulatory

FrameworkFramework

Proposed Definition of Solid Waste (DSW) Proposed Definition of Solid Waste (DSW) Rule for Hazardous Secondary Rule for Hazardous Secondary yy

Materials RecyclingMaterials Recycling

August 12, 2008August 12, 2008

Presented by Presented by Amy LileAmy Lile

Office of Solid Waste EPAOffice of Solid Waste EPAOffice of Solid Waste, EPAOffice of Solid Waste, [email protected]@epa.gov

(703) 305(703) 305--90919091

Presentation OverviewPresentation OverviewPresentation OverviewPresentation Overview

Purpose of Proposed Revisions to DSWPurpose of Proposed Revisions to DSWPurpose of Proposed Revisions to DSWPurpose of Proposed Revisions to DSWDSW Proposal BackgroundDSW Proposal BackgroundSupplemental ProposalSupplemental ProposalSupplemental ProposalSupplemental Proposal

Three Major ComponentsThree Major ComponentsRecycling StudiesRecycling Studiesy gy gMain CommentsMain CommentsPotential ImpactsPotential ImpactsSt t f Fi l R l kiSt t f Fi l R l kiStatus of Final RulemakingStatus of Final Rulemaking

Comparison of Current Regs & ProposalComparison of Current Regs & ProposalAdditional DSW ActivitiesAdditional DSW Activities

8/5/20088/5/2008 101101

Additional DSW ActivitiesAdditional DSW Activities

Purpose of Proposed Revisions to DSWPurpose of Proposed Revisions to DSW

Streamline regulation of hazardous secondaryStreamline regulation of hazardous secondary

Purpose of Proposed Revisions to DSWPurpose of Proposed Revisions to DSW

Streamline regulation of hazardous secondary Streamline regulation of hazardous secondary materials to encourage beneficial recycling and materials to encourage beneficial recycling and help conserve resources.help conserve resources.By removing unnecessary controls, recycling By removing unnecessary controls, recycling these materials will not only be safe, but also these materials will not only be safe, but also

i d ti d t ffi i tffi i teasier and more costeasier and more cost--efficient.efficient.Some controls are still needed to appropriately Some controls are still needed to appropriately d fi h h d d t i l id fi h h d d t i l idefine when a hazardous secondary material is define when a hazardous secondary material is not “discarded,” and to provide states the ability not “discarded,” and to provide states the ability to oversee the exclusions.to oversee the exclusions.

8/5/20088/5/2008 102102

Purpose of Proposed Revisions Purpose of Proposed Revisions

Responds to court decision in American BatteryResponds to court decision in American Battery

to DSW (cont.)to DSW (cont.)

Responds to court decision in American Battery Responds to court decision in American Battery Recyclers (ABR) v. EPA, 2000, as well as earlier Recyclers (ABR) v. EPA, 2000, as well as earlier court decisionscourt decisionsRule will make major revisions to the current Rule will make major revisions to the current definition of solid wastedefinition of solid waste

Original proposal October 28, 2003Original proposal October 28, 2003Supplemental proposal March 26, 2007Supplemental proposal March 26, 2007

8/5/20088/5/2008 103103

DSW Proposal BackgroundDSW Proposal Background

Under current rules some hazardous secondaryUnder current rules some hazardous secondary

DSW Proposal BackgroundDSW Proposal Background

Under current rules, some hazardous secondary Under current rules, some hazardous secondary materials that are recycled are regulated as materials that are recycled are regulated as wastes, and some are notwastes, and some are not,,

Regulation under Subtitle C can discourage Regulation under Subtitle C can discourage recyclingrecyclingrecyclingrecycling

Permits, liability, state fees, other requirements often Permits, liability, state fees, other requirements often deter companies from recyclingdeter companies from recycling

Key question: Is recycling more like waste Key question: Is recycling more like waste management, or normal manufacturing?management, or normal manufacturing?

8/5/20088/5/2008 104104

g gg g

DSW Proposal Background (cont.)DSW Proposal Background (cont.)

Scope of DSW proposal:Scope of DSW proposal:

p g ( )p g ( )

Scope of DSW proposal:Scope of DSW proposal:Hazardous secondary materials sent for Hazardous secondary materials sent for reclamation are eligiblereclamation are eligiblereclamation are eligiblereclamation are eligibleNot eligible Not eligible –– recycled materials that are:recycled materials that are:

Used in a manner constituting disposal (UCD)Used in a manner constituting disposal (UCD)Used in a manner constituting disposal (UCD)Used in a manner constituting disposal (UCD)Burned for energy recoveryBurned for energy recoveryInherently wasteInherently waste--like materialslike materialsyy

8/5/20088/5/2008 105105

Supplemental Proposal Supplemental Proposal ––

11 Two selfTwo self implementing conditional exclusions:implementing conditional exclusions:

Three Major ComponentsThree Major Components

1.1. Two selfTwo self--implementing conditional exclusions:implementing conditional exclusions:Materials generated and recycled under the control Materials generated and recycled under the control of the generatorof the generatorggMaterials generated and transferred to another Materials generated and transferred to another company for recyclingcompany for recycling

2.2. NonNon--waste determination procedurewaste determination procedurePetition process to determine materials that Petition process to determine materials that are not wastesare not wastesare not wastesare not wastes

3.3. Codification and restructuring of existing Codification and restructuring of existing criteria for “legitimate recycling”criteria for “legitimate recycling”

8/5/20088/5/2008 106106

criteria for legitimate recyclingcriteria for legitimate recycling

Supplemental Proposal Supplemental Proposal ––Three Major Components (cont )Three Major Components (cont )

“Under the Control of the Generator” Exclusion“Under the Control of the Generator” Exclusion::

Three Major Components (cont.)Three Major Components (cont.)

Under the Control of the Generator ExclusionUnder the Control of the Generator Exclusion::Materials eligible for exclusion include those Materials eligible for exclusion include those generated and recycled:generated and recycled:g yg y

at the same facilityat the same facilityby the same company (even at different facilities)by the same company (even at different facilities)

d t t l t ( idd t t l t ( idunder contractual arrangements (e.g., residues under contractual arrangements (e.g., residues recycled by a tolling contractor)recycled by a tolling contractor)

Conditions for exclusion:Conditions for exclusion:No speculative accumulationNo speculative accumulationOneOne--time noticetime notice

8/5/20088/5/2008 107107

Any storage in landAny storage in land--based units is containedbased units is contained


“Transfer“Transfer--based” Exclusionbased” Exclusion::


TransferTransfer based Exclusionbased Exclusion::Materials eligible for exclusion include those:Materials eligible for exclusion include those:

generated and transferred by the generator to a generated and transferred by the generator to a reclamation facilityreclamation facilityreclamation facilityreclamation facilityreceived by a reclamation facility for recyclingreceived by a reclamation facility for recycling

Conditions for exclusion:Conditions for exclusion:No speculative accumulation (generator/recycler)No speculative accumulation (generator/recycler)OneOne--time notice (generator/recycler)time notice (generator/recycler)Recordkeeping and “reasonable efforts” (generator)Recordkeeping and “reasonable efforts” (generator)Recordkeeping and reasonable efforts (generator)Recordkeeping and reasonable efforts (generator)Recordkeeping (recycler)Recordkeeping (recycler)PerformancePerformance--based storage standard (recycler)based storage standard (recycler)S f t f li id ( l )S f t f li id ( l )

8/5/20088/5/2008 108108

Safe management of recycling residues (recycler)Safe management of recycling residues (recycler)Financial assurance (recycler)Financial assurance (recycler)


NonNon--Waste Petition ProcessWaste Petition Process::


NonNon Waste Petition ProcessWaste Petition Process::Materials eligible for petition include those:Materials eligible for petition include those:

recycled in a continuous industrial processrecycled in a continuous industrial processbli d i dibli d i diresembling a product or intermediateresembling a product or intermediate

recycled through contractual arrangements where the recycled through contractual arrangements where the generator retains control over production and generator retains control over production and

id lid lresidualsresidualsThis is intended to be an administrative This is intended to be an administrative procedure where petitioners submit information procedure where petitioners submit information p pp pto show their materials are clearly not discarded to show their materials are clearly not discarded per criteria set out in the regulations.per criteria set out in the regulations.

8/5/20088/5/2008 109109


Legitimacy CriteriaLegitimacy Criteria::


Legitimacy CriteriaLegitimacy Criteria::All recycling of hazardous wastes/secondary All recycling of hazardous wastes/secondary materials must be “legitimate”materials must be “legitimate”ggCriteria for determining legitimacy of recycling Criteria for determining legitimacy of recycling practices are currently in guidance and practices are currently in guidance and

bl t t tbl t t tpreamble statementspreamble statementsStates and other stakeholders have long argued States and other stakeholders have long argued for legitimacy regulations:for legitimacy regulations:for legitimacy regulations: for legitimacy regulations:

increased transparencyincreased transparencygreater regulatory certaintygreater regulatory certainty

8/5/20088/5/2008 110110

easier to enforcementeasier to enforcement


Legitimacy Criteria (cont)Legitimacy Criteria (cont)::


Legitimacy Criteria (cont)Legitimacy Criteria (cont)::Two mandatory factorsTwo mandatory factors

Materials must provide useful contribution to productMaterials must provide useful contribution to productMaterials must provide useful contribution to product Materials must provide useful contribution to product or recycling processor recycling processRecycling must produce valuable productRecycling must produce valuable product

Two factors to be consideredTwo factors to be consideredMaterials must be managed as valuable commoditiesMaterials must be managed as valuable commoditiesProducts of recycling must not contain significantly Products of recycling must not contain significantly higher levels of hazardous constituents than are in higher levels of hazardous constituents than are in analogous productsanalogous products

8/5/20088/5/2008 111111

analogous productsanalogous products


Legitimacy Criteria (cont )Legitimacy Criteria (cont )::


Legitimacy Criteria (cont.)Legitimacy Criteria (cont.)::Supplemental proposal provides more guidance Supplemental proposal provides more guidance on considering economics of recycling in makingon considering economics of recycling in makingon considering economics of recycling in making on considering economics of recycling in making legitimacy determinationslegitimacy determinationsAlso sought comment on codification of theAlso sought comment on codification of theAlso sought comment on codification of the Also sought comment on codification of the legitimacylegitimacy

8/5/20088/5/2008 112112

Supplemental Proposal Supplemental Proposal ––Recycling StudiesRecycling Studies

The supplemental proposal included and reliedThe supplemental proposal included and reliedThe supplemental proposal included and relied The supplemental proposal included and relied upon information from three recycling studies:upon information from three recycling studies:

11 Environmental problems associated with recyclingEnvironmental problems associated with recycling1.1. Environmental problems associated with recycling Environmental problems associated with recycling postpost--RCRA and postRCRA and post--CERCLACERCLA

2.2. Current good practices for recycling hazardous Current good practices for recycling hazardous g y gg y gsecondary materialssecondary materials

3.3. Potential effects of market forces on hazardous Potential effects of market forces on hazardous d t i ld t i lsecondary materialssecondary materials

8/5/20088/5/2008 113113


120 substantive comments:120 substantive comments:

Main CommentsMain Comments

120 substantive comments:120 substantive comments:Many states supported proposal (some only for onMany states supported proposal (some only for on--site site exclusion). Most wanted additional conditions.exclusion). Most wanted additional conditions.

Generating industry mostly positive and recognized Generating industry mostly positive and recognized improvements on 2003 proposal. Suggested changes like improvements on 2003 proposal. Suggested changes like allowing “intermediate facilities” that consolidate shipments to be allowing “intermediate facilities” that consolidate shipments to be li ibl f l i d t il i fi i l tli ibl f l i d t il i fi i l teligible for exclusion and tailoring financial assurance to eligible for exclusion and tailoring financial assurance to

recycling facilities. Some still challenged EPA’s authority to recycling facilities. Some still challenged EPA’s authority to regulate reclamation activities and impose conditions.regulate reclamation activities and impose conditions.

Recycling/waste management industries were split (change from Recycling/waste management industries were split (change from 2003). Some companies were strongly opposed to proposal, but 2003). Some companies were strongly opposed to proposal, but most appeared to support it. most appeared to support it.

8/5/20088/5/2008 114114

Environmental groups uniformly opposed the proposal.Environmental groups uniformly opposed the proposal.


There is general support for the nonThere is general support for the non--waste determinationwaste determination

Main Comments (cont.)Main Comments (cont.)

There is general support for the nonThere is general support for the non waste determination waste determination process, although states have concerns about process, although states have concerns about resources. resources.

States and environmental groups strongly support States and environmental groups strongly support codification of legitimacy and want all the factors codification of legitimacy and want all the factors mandatory; industry had a more mixed reactionmandatory; industry had a more mixed reactionmandatory; industry had a more mixed reaction.mandatory; industry had a more mixed reaction.

EPA received no substantive critique of the recycling EPA received no substantive critique of the recycling studies There were some objections to how informationstudies There were some objections to how informationstudies. There were some objections to how information studies. There were some objections to how information was used (from both industry and environmental was used (from both industry and environmental groups).groups).

8/5/20088/5/2008 115115


Approximately 4 600 facilities and 650 000 tonsApproximately 4 600 facilities and 650 000 tons

Potential ImpactsPotential Impacts

Approximately 4,600 facilities and 650,000 tons Approximately 4,600 facilities and 650,000 tons of hazardous waste would be affected annually, of hazardous waste would be affected annually, providing a cost savings of approximately $107 providing a cost savings of approximately $107 p g g pp y $p g g pp y $million per year.million per year.Affected materials include 590,000 tons of Affected materials include 590,000 tons of material already being recycled, and 60,000 tons material already being recycled, and 60,000 tons of new recycling.of new recycling.

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Supplemental Proposal Supplemental Proposal ––Status of Final RulemakingStatus of Final Rulemaking

Original proposal published October 28 2003Original proposal published October 28 2003Original proposal published October 28, 2003Original proposal published October 28, 2003Supplemental proposal published March 26, Supplemental proposal published March 26, 2007 (72 FR 14172)2007 (72 FR 14172)2007 (72 FR 14172)2007 (72 FR 14172)Final rulemaking scheduled for signature Final rulemaking scheduled for signature Summer 2008Summer 2008Summer 2008Summer 2008For the latest status of the rulemaking, visit the For the latest status of the rulemaking, visit the DSW rulemaking website: DSW rulemaking website: gghttp://www.epa.gov/epaoswer/hazwaste/dsw/abr.htmhttp://www.epa.gov/epaoswer/hazwaste/dsw/abr.htmEPA Contact: Tracy Atagi, (703) 308EPA Contact: Tracy Atagi, (703) 308--86728672

8/5/20088/5/2008 117117

Comparison of Current Regs & Proposal Comparison of Current Regs & Proposal ––Under Control of Generator ExclusionUnder Control of Generator ExclusionUnder Control of Generator ExclusionUnder Control of Generator Exclusion

Requirement Existing Requirements for LQGs DSW Proposal Requirements

Time limits yes yes - no speculative accumulation

Notification yes yes - one-time notification (re-notification in event of change)

Tracking yes noTracking yes no

Recordkeeping

yes

yes - certification that material is generated and reclaimed by same "person"; or contract between tolling contractor and b t h f tbatch manufacturer

Biennial Reporting yes no

Emergency & contingency plans yes no

Personnel training yes no

Storage requirements yes - tanks, containers, etc. yes - must be "contained" if in a land-based unit

Residuals management yes - applicable requirements for HW management

yes - applicable requirements for HW management

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Financial assurance no no

Closure & post-closure yes - general standard no

Export notice yes N/A

Comparison of Current Regs & Proposal Comparison of Current Regs & Proposal ––TransferTransfer based Exclusion forbased Exclusion for GeneratorsGeneratorsTransferTransfer--based Exclusion for based Exclusion for GeneratorsGenerators

Requirement Existing Requirements for LQGs DSW Proposal Requirementsq g q p q



Trackingyes yes - maintain off-site shipment records

(3 years)

Recordkeeping yes no

Bi i l R tiBiennial Reporting yes no

Emergency & contingency plans yes no


Storage requirements yes - tanks containers etc yes - must be "contained" if in a land-yes - tanks, containers, etc. based unit

Financial assurance no no

Closure & post-closure yes - general standard no

Export notice yes yes

8/5/20088/5/2008 119119

p y y

Due diligence N/A yes - reasonable efforts

Comparison of Current Regs & Proposal Comparison of Current Regs & Proposal ––TransferTransfer--based Exclusion forbased Exclusion for RecyclersRecyclersTransferTransfer--based Exclusion for based Exclusion for RecyclersRecyclers

RequirementExisting

Requirements for DSW Proposal RequirementsRequirement Requirements for Recyclers

DSW Proposal Requirements



Tracking yes yes - maintain records of shipments received (3 yrs)

Recordkeeping yes no

Biennial Reporting yes no

E & ti lEmergency & contingency plans yes no


Storage requirementsyes - permit

yes - managed in a manner that is at least as protective as that employed for "analogous raw materials";or must be "contained";must be "contained" if in a land-based unit

Recycling residuals requirements yes - applicable

requirements for HW management

yes - requirements for recycling residuals that are listed or characteristic continue to apply; any residual generated must be managed in manner that is protective of human health and the environment

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Financial assurance yes - if permitted yes

Closure & post-closure yes no

Export notice yes yes


New web pages for DSW and hazardous waste New web pages for DSW and hazardous waste


p gp grecycling with additional resources:recycling with additional resources:

DSW Compendium: collection of materials DSW Compendium: collection of materials dd i i l d h f d ldd i i l d h f d laddressing issues related to the federal addressing issues related to the federal

definition of solid waste.definition of solid waste.DSW Tool: interactive guide that will walk userDSW Tool: interactive guide that will walk userDSW Tool: interactive guide that will walk user DSW Tool: interactive guide that will walk user through the steps to determining if a through the steps to determining if a secondary material is a solid waste.secondary material is a solid waste.

Estimated rollout is Summer 2008Estimated rollout is Summer 2008http://www.epa.gov/osw/http://www.epa.gov/osw/

8/5/20088/5/2008 121121

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