Transcript What is recycling?

Recycling Exclusions &
Exemptions
Jeff Van Slooten
Department of Toxic Substances Control
CUPA Training Conference
January 28, 2009
What is recycling?
Why recycle?
•
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Concern for the environment
No HW generator fees
Less or no disposal costs, fees
No permit to treat HW
Less regulations
Economic incentive
Limited/reduced long-term liability
A recyclable material is
a waste.
which is hazardous (what is it).
that is used/reused or reclaimed
(what is happening to it)
example
Hierarchy of Materials
Wastes
Hierarchy of Materials
Hazardous Waste
Wastes
Hierarchy of Materials
Recyclable Material
Hazardous Waste
Wastes
Hierarchy of Materials
Recyclable Material
Hazardous Waste
Wastes
Exclusions – Materials are defined not as waste or hazardous
waste by being outside of RCRA/DTSC jurisdiction.
Exemptions – Waste or hazardous wastes that are not
regulated, or less regulated under HW laws provided conditions
are met.
So what is a waste?
It includes any physical material which is:
 Solid
 Semi-solid
 Liquid
 Contained gaseous materials

Why not uncontained gaseous materials?
• "Contained gaseous material", as
defined in California Health and Safety
Code section 25110.11, does not include
any exhaust gas, flue gas, or other vapor
stream, regardless of the source, that is
abated or controlled by an air pollution
control device that is permitted by an air
pollution control district or air quality
management district, or which is specially
exempted from those permit
requirements.
A material is a waste if it is
discarded

By being relinquished





Disposal
Burned or incinerated
Accumulated in lieu of
By being inherently waste-like
By being recycled
Recycling ??
State Definition of Waste
Activity
Secondary Materials
Use constituting
Energy Reclamation Speculative
disposal
recovery/fuel
Accumulation
Spent Materials.............
Sludges ……………………..
(listed in 66261.31 or 66261.32)
Sludges............
exhibiting a characteristic of hazardous waste
By-products.....................
(listed in 66261.31or 66261.32)
By-products............
exhibiting a characteristic of hazardous waste
Commercial chemical products….
(listed in 66261.33)
Types of recycled materials
Secondary Materials

Spent material: materials that have been
used and as a result of contamination can
no longer serve the purpose for which they
were produced without processing.
Contamination is meant to be any impurity,
factor, or circumstance which causes the
material to be taken out of service for
reprocessing.
 Similar use of chemical properties is not spent

examples
Types of recycled materials
Secondary Materials (cont.)
 Sludge: solid, semi-solid, or liquid waste
generated from a wastewater or water
supply treatment unit or an air pollution
control unit
Types of recycled materials
Secondary Materials(cont.)
 By-product: materials that are not one of
the primary products of a production
process and are not solely or separately
produced by the production process
Characteristic
 Listed
 foundry slags
 distillation column bottoms

Types of recycled materials
Secondary Materials (cont.)
Commercial chemical product (CCP):
No Definition in regulation!
For purposes of this training:
Unused materials that include:
discarded commercial chemical products, offspecification species, container and spill
residues; and,
other unused articles
examples
RETROGRADE MATERIAL
22CCR 66260.10 definition
• A hazardous material which cannot be used for
intended purpose because:
– Off-spec by change or shelf life
– Banned by law
– Not used for reasons of economic, H&S, or
environmental hazard
• Retrograde materials are not wastes IF used or
reclaimed by manufacturer or owner
– within one year of when became retrograde, OR
one year after returned to manufacturer
which ever is later
State Definition of Waste
Activity
Secondary Materials
Use constituting Energy Reclamation Speculative
disposal
recovery/fuel
Accumulation
Spent Materials.............
(*)
(*)
(*)
(*)
Sludges ……………………..
(*)
(*)
(*)
(*)
(*)
(*)
(**)
(*)
(*)
(*)
(*)
(*)
(*)
(*)
(**)
(*)
(*)
(**)
(**)
(listed in 66261.31 or 66261.32)
Sludges............
exhibiting a characteristic of hazardous waste
By-products.....................
(listed in 66261.31or 66261.32)
By-products............
exhibiting a characteristic of hazardous waste
Commercial chemical products...(*)
(listed in 66261.33)
How is it discarded?
By being recycled by specific methods
 There are many types of recycling
activities, only 4 are regulated

Burned for energy recovery
 Use constituting disposal
 Reclamation
 Speculative accumulation


May not be regulated, but discussed

Used or Reused
“Burning for Energy Recovery”
Recycling is (or involves) “burning for
energy recovery” if the secondary
material is:
 Burned as a fuel, or (is)
 Used to produce a fuel (or contained in a
fuel).
 Note: possible exemption for retrograde
materials.

example
“Use Constituting Disposal”
Recycling is (or involves) “use constituting disposal”
if the secondary material is:
 Directly applied to (or placed on) the ground (the
land), or (is)
 Indirectly applied to the ground. (i.e. it is used to
produce “products” that are placed on the ground,
or is contained in products that are applied to the
ground.
 Note: possible exemption for retrograde materials
and for non-RCRA hazardous wastes

examples
Reclamation

Reclaim, reclamation means

Process, to treat
Regenerate
 Recover a usable product, or material value

examples
State Definition of Waste
Activity
Secondary Materials
Use constituting
Energy Reclamation Speculative
disposal
recovery/fuel
Accumulation
Spent Materials.............
(*)
(*)
(*)
(*)
Sludges ……………………..
(*)
(*)
(*)
(*)
(*)
(*)
(**)
(*)
(*)
(*)
(*)
(*)
(*)
(*)
(**)
(*)
(*)
(*)
(**)
(**)
(listed in 66261.31 or 66261.32)
Sludges............
exhibiting a characteristic of hazardous waste
By-products.....................
(listed in 66261.31or 66261.32)
By-products............
exhibiting a characteristic of hazardous waste
Commercial chemical products….
(listed in 66261.33)
example
State Definition of Waste
Activity
Secondary Materials
Use constituting
Energy Reclamation Speculative
disposal
recovery/fuel
Accumulation
Spent Materials.............
(*)
(*)
(*)
(*)
Sludges ……………………..
(*)
(*)
(*)
(*)
(*)
(*)
(**)
(*)
(*)
(*)
(*)
(*)
(*)
(*)
(**)
(*)
(*)
(*)
(**)
(**)
(listed in 66261.31 or 66261.32)
Sludges............
exhibiting a characteristic of hazardous waste
By-products.....................
(listed in 66261.31or 66261.32)
By-products............
exhibiting a characteristic of hazardous waste
Commercial chemical products….
(listed in 66261.33)
“Speculative Accumulation”
0011 0010 1010 1101 0001 0100 1011
• This provision serves to prevent indefinite stockpiling
of secondary materials.
• A material is “accumulated speculatively” if it is
accumulated (or stored) prior to being recycled and
75 percent of the material from January 1 of that
calendar year has not been transferred to or is
recycled at the end of the year.
• Note: possible exemption for retrograde materials.
1
2
4
Is it a waste by Speculative
accumulation?
0011 0010 1010 1101 0001 0100 1011
• Painter generated 200 kg of paint chips in
March 2007. Stores it for eventual
recycling . Ships off in June 2008.
1
– Was it a waste?
example
2
4
• How much must be recycled by Dec. 31, 2007?
• How much must be recycled by Dec. 31, 2008?
State Definition of Waste
Activity
Secondary Materials
Use constituting
Energy Reclamation Speculative
disposal
recovery/fuel
Accumulation
Spent Materials.............
(*)
(*)
(*)
(*)
Sludges ……………………..
(*)
(*)
(*)
(*)
(*)
(*)
(**)
(*)
(*)
(*)
(*)
(*)
(*)
(*)
(**)
(*)
(*)
(*)
(**)
(**)
(listed in 66261.31 or 66261.32)
Sludges............
exhibiting a characteristic of hazardous waste
By-products.....................
(listed in 66261.31or 66261.32)
By-products............
exhibiting a characteristic of hazardous waste
Commercial chemical products….
(listed in 66261.33)
Hazardous
22CCR 66261.3
Characteristic
– I, C, R
– Toxic
» TCLP
» TTLC
» STLC
» Aquatic
State Listed – M (Mercury-containing)
RCRA Listed
Recap
• Under 22CCR 66261.2 define a waste by
– what it is (secondary material)
• Spent, sludge, by-product, CCP
AND
– what is happening to it (type of recycling)
• UCD, burn for energy, reclamation, spec. accum.
ALSO
• Under 22CCR 66261.3 define the waste as
hazardous
• Listed, characteristic
Break Time
• Please return in 15 minutes
Once determined that it is a waste
and a hazardous waste,
Exclusions/Exemptions let it out (well, sorta)
Exclusions/Exemptions
• Exclusions from being a waste
• 22CCR 66261.4(a)(1 through 5)
– Some from source
• (1) Wastewater, (2) nuclear
– Some from reclaiming (recycle)
• (3) Spent sulfuric, (4) pulping liquors
• (5) Secondary materials that are reclaimed
and returned to original production process
– Tank system, enclosed, < 12 month storage
– No flame to reclaim, product not a fuel or UCD
examples
Exclusions/Exemptions
• Exclusions from being a hazardous
waste
• 22CCR 66261.4(b) (3) and (4)
– (3) Used oil re-refining still bottoms for
asphalt
– (4) CFC if reclaimed and reused
HSC 25143.2
• 25143.2. (a) Recyclable materials are subject to
this chapter and the regulations adopted by the
department to implement this chapter that apply
to hazardous wastes, unless the department
issues a variance pursuant to Section 25143, or
except as provided otherwise in subdivision (b),
(c), or (d) or in the regulations adopted by the
department pursuant to Sections 25150 and
25151.
• This section regulates “HW recycling” in CA.
This is a big difference, compared to RCRA.
Exemption from permitting
• HSC 25143.2(c)(2) exempts from requiring
a HW treatment permit
– When recycled and used at same place
– Meet generator time limits
Lesser Common Recycling
Exclusion – Use/Reuse
Excluded from being a waste
• State
– Use HSC 25143.2(b) – RCRA and Non-RCRA
– Use HSC 25143.2(d) – Non-RCRA
Use or Reuse
Directly added as an ingredient to a
process
 Substituted for another commercial
chemical product

Secondary materials are acting like raw
materials and should not be regulated
Use/Reuse

HSC 25143.2(b)(1)

Used or reused as an ingredient in an
industrial process to make a product if it is
not being reclaimed.
example
Use/Reuse

HSC 25143.2(b)(2)

Used or reused as a effective substitute for
a commercial product if it is not being
reclaimed.
example
Use/Reuse

HSC 25143.2(b)(3)

Used as substitute for feedstock to same
original process where generated.
example
Non-RCRA hazardous waste


HSC 25143.2(d) excludes any of these:
HSC 25143.2(d)(1)
• Recycled and used on-site
• How does this compare to HSC25143.2(c)(2)?
HSC 25143.2(c)(2) HSC 25143.2(d)(1)
Recycle and use at
same site
generated
No permit required
to treat
Waste
Waste
Requirements
RCRA or State
Generator
requirements
Recycle and use at
same site
generated
Excluded from
classification as
waste
Non-RCRA
Excluded
Recyclable
Material
Non-RCRA hazardous waste


HSC 25143.2(d) also exempts:
HSC 25143.2(d)(5)
• Used or reused as an ingredient in an industrial
process to make a product with some types of
treatment

HSC 25143.2(d)(6)
• Used or reused as a effective substitute for a
commercial product with some types of treatment.
Limited treatment
• State specifies no reclamation under
HSC 25143.2 (b)
• But under HSC 25143.2(d) (non-RCRA)
– limited treatment, such as:
• filtering, grinding, screening, sorting, pH adjust,
separation with heat or chemicals.
Taboo for recycling exclusions
• HSC 25143.2(e) does not allow:
– Use constituting disposal (*except
non-RCRA under 22CCR Chapter
16, not leachable)
– Burned for energy recovery,
including CCP
– Accumulated speculatively
– Etchants sent offsite without proof
of use
– Used oil which not recycled in
certain ways
Multiple recycling steps
• Materials can be subject to multiple
activities, must look at entire
picture
– Reclamation plus UCD or Burn for
Energy
– CCP retro, but is stored for 4 years.
example
How much time (if recycling)?

Commercial Chemical Product


If it is retrograde (not a waste) and sent back
to manufacturer within 1 year and if
manufacturer reclaims within 1 year
Excluded Recyclable Material

Cannot be accumulated speculatively by
generator
 Must
have 75% recycled from Jan. 1 inventory
Requirements for ERMs
• HSC 25143.9 - An excluded recyclable material
(ERM) per HSC 25143.2(b) or (d) must
– Label as “ERM” or “Used Oil”
– Bus. Plan, Emergency Plan
– Storage & 2nd containment to local or ISD
• HSC 25143.10 applies to (b), (c), and (d)
– Document market, toxics in Recyclable Material used
– Document to generator
Requirements for ERMs (cont.)
• HSC 25143.10 – Any claim under HSC
25143.2 must submit biennial report
• Exports also comply with HSC 25162.1
• Notify DTSC at least 4 weeks prior to first
shipment, covers up to 1 year
• Information includes:
• Who, what, when, where it’s from and going
• Why it meets the exclusion/exemption
• Document to DTSC each shipment before
90 days of shipping
Standards
Labeling
Storage
HSC 25143.2(c)(2) HSC 25143.2(d)(1)
Permit exemption Waste excluded
Generator
Local Haz Mat or
Interim Status
“Haz Waste”
“ERM”
90 day
Drum 2nd – no
SQG limited
Interim 1 year (75%)
Drum 2nd – ISD
Minimal
Biennial
Report
Yes
Yes
Plans
Emergency
Emergency form,
Business Plan
Training
Sham Recycling
• 22CCR 66261.2(g) and HSC 25143.2(f) have appropriate documentation to show
materials qualify for exclusion/exemption.
– Contracts, known market
– Ingredient equality
– Equipment
• Sham Recycling / Beneficial Use [see January 4,
1985 Federal Register, Vol.. 50, No. 3, p. 638)
• F006 EPA Letter- Sylvia Lowrance (RCRA
Online 11461)
• Past Interpretive Letters
Sham Recycling (cont.)
• Contain consistent “active” quantities like
new ingredients
• Ingredient equivalent amounts, same
effectiveness
• Commodity-like storage, usage
• Contain unnecessary contaminants or
quantities – Toxic Along for the Ride “TAR”
• Mobility of contaminants.
examples
Other Regulations Related to
Recycling
• Standards for Recyclable Materials - Chapter 16
(22CCR 66266 et seq)
• Get there from 22CCR 66261.6
• Not as robust as the federal program
•
•
•
•
•
Materials that are UCD
Lead-acid batteries
Boilers and Industrial Furnaces (BIFs)
Elemental mercury
Oil filters
• Universal Waste 22CCR 66273
Other Recycling Laws
•
•
•
•
•
•
•
•
Spent Sulfuric Acid
Pulping Liquors
Oil-Bearing Material
Reused Soiled Textiles
Lead Acid Batteries
Small Household Batteries
Latex Paint
Used Oil
HSC 25143.3
HSC 25143.4
HSC 25144
HSC 25144.6
Article 10.5
Article 10.6
Article 10.7
Article 13
Recap of HSC 25143
• HSC 25143.2 is similar to EPA 40CFR 261.2(e)
• HSC 25143.2(b) is for use/reuse without reclamation for
both RCRA and Non-RCRA
• HSC 25143.2(d) is for use/reuse with limited treatment for
Non-RCRA only
• HSC 25143.2(c) is to exempt permit for on-site recycling,
but handled as hazardous waste under generator standards
• HSC 25143.9 that excluded recyclable materials still have
requirements and reporting
• HSC 25143.10 generator must document, document,
document.
Break
• Return in 10 minutes
• Part 2 – Exemption and Exclusion case
studies