Transcript 3A-HHW & Retail Take Back (Algazi)

Retail Collection of
Universal Waste and
Latex Paint
Some background...
 Many unused and unwanted consumer
products are classified as hazardous waste in
California
 Hazardous waste, including HHW, is banned
from solid waste landfills in this state
 As of 2006, households may no longer dispose
of batteries, lamps and electronic devices in
the trash
 That’s good for public health and the
environment, but...
The problem
 UW and Latex paint some of the largest
volume wastes @ HHWCFs
 Are (or are presumed be) hazardous
wastes
 Costly to handle, transport, and
dispose/recycle
Some paint numbers
 Julia Au of SF Environment recently surveyed
30 HHWCPs about paint
 During their reporting year, respondents
collected 1.45 million gallons of paint at a cost
of nearly $9.6 million
(Average cost per gallon = $ 7.06)
 This represents, on average, 50.7 percent of
the respondents’ total waste volume and 38.9
percent of their total cost
Other options...
 Paint, batteries, lamps, and electronics
don’t have to be collected at the HHWCF
 Retail take-back is very feasible
 Simple options for authorization
Normally, collecting HHW
requires a permit, but...
 Universal waste: exempt, pursuant to
66261.9 of title 22 of the California Code
of Regulations
 Recyclable latex paint: exempt, pursuant
to section 25217.2 (a) of the California
Health and Safety Code (“Recyclable
latex paint may be accepted at any
location if all of the following conditions
are met...”)
Advantages of retail
collection
 Convenient for households
 Frees up the resources of local HHW
collection programs for higher-hazard
wastes
 Quantity limits for CESQG don’t apply
What about mandatory
retail take-back?
 Currently, only a few State mandates for
retail take-back in California:
Rechargeable batteries
Cell phones
Mercury thermostats
How are these mandatory
take back laws working?
 Rechargeable batteries:
 2007: 4.2 million pounds
 2008: 5.6 million pounds
 Cell phones: estimate 25 percent
recycling rate
Other proposed EPR
legislation...
 California Product Stewardship Act
– AB 283 (Chesboro): 2-year bill
 Architectural Paint Stewardship Program
– AB 1343 (Huffman): 2-year bill
 Residential Fluorescent Lamp Recycling
Program – AB 1173 (Huffman): vetoed by
the Governor
Mandatory take-back in other
jurisdictions
 Oregon: new paint law is the nation’s first state
requirement
 Includes the cost of safely managing leftover paint
in the purchase price of new paint
 Sets up an industry-led program to reduce paint
waste, increase reuse and recycling, and safely
dispose of unusable paint
 San Luis Obispo County: ordinances require
paint, batteries, fluorescent lamps, and sharps
be taken back
A partial solution: voluntary
retail collection
 Retailers voluntarily taking back
waste:
 Electronic devices
 Fluorescent lighting
 Paint
The challenge of voluntary
retail collection
 Marketing to retailers
 They will have concerns about:
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Funding
Safety/Liability
Messes
Space
Illegal dumping/orphaned waste
Making retail take back more
appealing to a retailer
 Things you can say to a retailer:
 Promotes foot traffic
 Good publicity
 Things you can do:
 Provide signage to the retailer
 Have your contractor pick it up the paint, UW
More about the
wastes...
What is “recyclable latex
paint?”
 Health and Safety Code section 25217:
“... any water-based latex paint, still in
liquid form, that is transferred for the
purposes of being recycled”
 If it’s not “recyclable,” it doesn’t meet the
definition and the exemption allowing
retail collection doesn’t apply
Is latex paint a hazardous
waste?
 Latex paint is listed in Title 22 as
presumed to be hazardous waste
 Most modern latex paints probably aren’t,
but...
 The generator usually
won’t know if his/her paint
is or isn’t HW
What is universal waste?
 Common, widely generated
 By definition, universal wastes are hazardous
wastes, but exempt from the usual rules
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Batteries
Fluorescent and other HW lamps
Electronic devices
Mercury devices, including thermostats
Aerosol cans
Overview of the Rules
for Collecting Waste
Latex Paint
California Health and Safety Code
Chapter 6.5, Article 10.7
Collecting waste latex paint
 No disposal to land or water
 May be accepted and recycled at any
location, provided it’s managed
properly/safely
 If it turns out not to be recyclable, it’s
considered generated as a waste at the
retail site and must be managed
accordingly (e.g., as hazardous waste)
Collecting waste latex paint
(2)
 The collection site (e.g., retailer) must
comply with applicable requirements for a
Hazardous Materials Business Plan
(Health and Safety Code chapter 6.95)
 Check with your local CUPA
 No DTSC notification or reporting
required
Transporting waste latex
paint
 Use of a registered transporter is not
required
 Manifest not required; bill of lading OK
 Must include required information
 3 year record retention requirement
California’s latex paint
remanufacturing facilities
We have several...
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Amazon – Whittier
E-Coat (division of Kelly-Moore) –
Sacramento
Visions – McClellan
Where are they getting it?
How much do they recycle?
 Amazon Paint says:
 80 percent of paint they accept comes
from HHW facilities
 On a weekly basis, they accept 10,000
gallons of paint
What do remanufacturing
facilities do?
Recycled in 2 ways:
1. Reprocessed into new paint
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Filtering
Mixing with standard paint
Adding pigments
Adjusting pH
2. Used as a cement additive
Overview of the rules
for Universal Waste
California Code of Regulations
Title 22, Chapter 23
Seven categories of
universal waste
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Batteries
Mercury containing equipment
Lamps
Aerosol cans
Electronic Devices
Cathode Ray Tubes (CRTs)
CRT glass
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Universal waste handlers
 A retailer that accepts universal waste
(batteries, lamps, electronics, etc.)
generated off-site (e.g., from customers)
is regulated as a universal waste handler
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Universal waste handler
requirements
 Prohibitions
 Notification
 Waste
Management
 Labeling/Marking
 Accumulation Time
Limits
 Personnel Training
 Response to
Releases
 Offsite Shipments
 Tracking Shipments
 Exports
Universal waste handlers:
prohibitions
 As universal waste handlers, retail
collectors are prohibited from:
 Disposing of,
 Diluting, or
 “Treating” universal waste.
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Universal waste handlers:
notifications
 A handler that may accumulate more
than 5,000 kg of universal waste at any
one time must obtain either a California
or a federal EPA ID# for each location
 A retailer that plans to accept electronic
waste from the public must also notify
DTSC 30 days in advance
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Universal waste handlers:
waste management
 In general, the handler must manage
universal waste “in a way that prevents
releases of any universal waste or
component of a universal waste to the
environment...”
 Accumulate lamps in a closed container
 Prevent breakage
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Universal waste handlers:
labeling
 Label each item or container with one
the following phrases (as appropriate):
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“Universal Waste – Batteries”
“Universal Waste – Lamps”
“Universal Waste – Electronic Devices”
Etc.
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Universal waste handlers:
accumulation time limits
 A handler may accumulate universal waste
for up to one year from the date it was
received
 No exceptions 
 Must be able to demonstrate the length of
time accumulated
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Universal waste handlers:
personnel training
 Annual training is required for personnel
who manage universal waste, or
supervise them
 Includes any person who consolidates,
sorts, treats, recycles, packages for
transport, offers for transport, or
physically relocates containers of
universal waste
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Universal waste handlers:
personnel training (2)
 Materials must be written (e.g., brochures,
electronic mail, company letters,
pamphlets, posters, etc.) and dated
 Must include:
 The types and hazards associated with the
particular universal wastes
 Proper disposition of the waste
 Procedures for responding to releases of ewastes
 Three year record keeping requirement
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Universal waste handlers:
response to releases
 A handler is required to:
 Immediately contain all releases of
universal wastes and of their residues
 Determine whether any resulting material
is a hazardous waste, and if so, manage it
accordingly
 A handler may repackage leaking,
broken, or otherwise damaged
universal waste and manage it as
universal waste
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Universal waste handlers:
offsite shipments
 A handler may send or take universal
waste only to:
 Another universal waste handler
 A destination facility
 A foreign destination
 If, for some reason, the shipment is
rejected, the original handler can take it
back or arrange for another destination
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Universal waste handlers:
tracking shipments
 The handler is required to keep a record
of each shipment sent or received
 Who it was shipped to/from
 How much of each type of universal waste
 When it was shipped or received
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The record can be in the form of a log,
invoice, manifest, bill of lading or other
shipping document
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Can a retail collection site be
inspected?
 Yes, by DTSC and/or the local CUPA
 A retail collection site is an off-site facility
(i.e., it receives waste generated
elsewhere)
 CUPAs have jurisdiction for generators
and HMBP
 DTSC has jurisdiction over off-site
hazardous waste facilities
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Take home on compliant
retail collection programs
 The retailer who wants to collect
universal waste and latex paint needs to:
Know and understand the rules
Develop policies to for compliance
Commit the time and resources to ensure
the polices are followed
Keep required records
Plan for the unexpected...
Help retailers have a
successful compliant program
 Good for the retailer: foot traffic,
community goodwill
 Good for the HHW program: diverts
waste and cost
 Good for California’s environment: more
convenient collection sites => less likely
these wastes end up where they don’t
belong
Questions?
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Thank you!
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