Transcript Solid/Hazardous Waste Exemptions and Exclusions What is a Solid Waste ? A solid waste is a discarded material not excluded in 261.4 or by a variance.

Solid/Hazardous
Waste
Exemptions and
Exclusions
What is a Solid Waste ?
A solid waste is a discarded
material not excluded in 261.4
or by a variance [261.2(a)(1)].
A discarded material is
[261.2(a)(2)(i)]:
• Abandoned [261.2(a)(2)(i)(A)]
• Recycled (with some
exceptions) [261.2(a)(2)(i)(B)]
• Inherently waste-like
[261.2(a)(2)(i)(C)]
• Some military munitions
[261.2(a)(2)(i)(D)]
Basically anything that you can no
longer use for its intended purposed
What is Abandoned ?
Abandoned [261.2(a)(2)(i)(A) and 261.2(b)]:
• Disposed of;
• Burned or incinerated; or
• Accumulated, stored, or treated (but not recycled) before or
in lieu of being abandoned by being disposed of, burned, or
incinerated.
What is Recycled ?
Recycled [261.2(a)(2)(i)(B) and 261.2(c)]:
A material is “recycled” if it is used, reused or
reclaimed [261.1(c)(7)].
Materials are solid wastes if they are recycled (or
accumulated, stored or treated before recycling):
• (1) Used in a manner constituting disposal,
• (2) Burning for energy recovery,
• (3) Reclaimed
• (4) Accumulated speculatively
What is Use Constituting
Disposal?
Used in a manner constituting disposal
261.2(c)(1):
Materials noted with a “*” in Column 1 of Table 1 are solid
wastes when they are:
• (A) Applied to or placed on the land in a manner that
constitutes disposal
• (B) Used to produce products that are applied to or placed
on the land or are otherwise contained in products that are
applied to or placed on the land – For example – HW added
to concrete.
Note, commercial chemical products listed in 261.33 are not
solid wastes if they are applied to the land and that is their
ordinary manner of use – For example - pesticides
What is Burning for Energy
Recovery?
• Burning for Energy Recovery 261.2(c)(2):
Materials noted with a “*” in Column 2 of Table 1 are solid
wastes when they are:
• (A) Burned to recover energy;
• (B) Used to produce a fuel or are otherwise contained in
fuels (in which case the fuel itself remains a solid waste) –
For example – F005 spent solvent still bottoms
Note, commercial chemical products listed in 261.33 are not
solid wastes if they are themselves fuels – For example –
unused benzene since it is a normal component of fuel
What is Reclaimed?
Reclaimed 261.2(c)(3):
A material is “reclaimed” if it processed to recover a useable
product, or if it is regenerated. Examples are recovery of lead
values from spent batteries and regeneration of spent solvents.
Materials noted with a “*” in Column 3 of Table 1 are solid
wastes when reclaimed (except as provided in 261.4(a)(17) some mineral processing wastes). Materials noted with a “--” in
column 3 of Table 1 are not solid wastes when reclaimed
Note: Florida has not adopted the new Definition of Solid
Waste (2009 regs to present) [261.2(a)(2)(ii) and 261.2(c)(3)]
Reclamation Example?
Silver waste from a photo shop:
Liquid would be a D011 hazardous waste, but it can
be managed under 266 Subpart F for precious metal
recovery
If they use an on-site recovery unit, waste from the
unit would be generated. This is waste from a water
pollution control device, so it is a “sludge” by
definition. When reclaimed, characteristic sludges
reclaimed are not solid wastes.
What is Accumulated
Speculatively?
• Accumulated Speculatively 261.2(c)(4):
Materials noted with a “*” in Column 4 of Table 1 are solid wastes
when accumulated speculatively.
A material is “accumulated speculatively” when it is accumulated
before being recycled [261.1(c)(8)]. In order for it to not be
speculative accumulation, a person must show:
• That the material is potentially recyclable
• Has a feasible means of being recycled
• The amount during a calendar year that is recycled or transferred
to different site for recycling equals at least 75% by weight or
volume of the amount accumulated at the beginning of the period
What is Inherently Waste-Like?
Inherently Waste-Like 261.2(d):
The following materials are solid wastes when they are recycled in
any manner:
• F020, F021 (unless used as an ingredient at the point of
generation to make a product), F022, F023, F026, and F028
• Secondary materials fed to a halogen acid furnace that exhibit a
characteristic or are listed, except for certain brominated materials
• Other wastes deemed by EPA as Inherently Waste-Like
What is a Military Munition?
Military Munition identified as a solid waste in 266.202:
If unused it is a solid waste when:
• It’s abandoned by being disposed of, burned, detonated (except during
intended use), incinerated, or treated prior to disposal; or
• It is removed from storage in a military magazine or other storage area for
the purpose of being disposed of, burned, or incinerated, or treated prior to
disposal, or
• It is deteriorated or damaged to the point that it cannot be put into
serviceable condition, and cannot reasonably be recycled or used for other
purposes; or
• It has been declared a solid waste by an authorized military official
If used it is a solid waste when:
• Transported off-range or from the site of use, where the site of use is not a
range, for the purposes of storage, reclamation, treatment, disposal, or
treatment prior to disposal; or
• It is recovered, collected, and then disposed of by burial, or landfilling either
on or off a range
40 CFR 261 Table 1 –
SW When Recycled?
Types of Recycling
Classes of
Secondary
Materials
Use
Constituting
Disposal
Energy
Recovery
/ Fuel
Reclamation
Speculative
Accumulation
Spent Materials
*
*
*
*
Sludges (listed)
*
*
*
*
Sludges (characteristic)
*
*
Not SW when recycled
*
By-Products (listed)
*
*
*
*
By-Products
(characteristic)
*
*
Not SW when recycled
*
Commercial Chemical
Products
*
*
Not SW when recycled
Not SW when recycled
Scrap Metal not excluded
under 261.4(a)(13)
*
*
*
*
* Solid waste when recycled
Recycling Exemption
Materials are not Solid Waste when recycled by
being [261.2(e)]:
• Used or reused as ingredients in an industrial process to make
a product, provided they are not being reclaimed; or
• Used or reused as effective substitutes for commercial
products; or
• Returned to the original process from which they were
generated, without being reclaimed or land disposed (used as
a substitute for feedstock materials).
Mechanisms to
Ensure Proper Recycling
Legitimate vs. sham recycling:
• Legitimate recycling must involve a material that
provides a useful contribution to the recycling
process or product.
• Legitimate recycling must produce a product or
intermediate that is valuable.
• The generator and recycler should manage the
material as a valuable commodity.
• The product of recycling should not contain
significant concentrations of hazardous
constituents not found in analogous products
(i.e. Toxics-Along-for-the-Ride or TARs).
Five Types of Secondary Materials
•
•
•
•
•
Spent Materials
Sludges
By-products
Commercial Chemical Products
Scrap Metal
Spent Material
A spent material is any material that has been
used and as a result of contamination can no
longer serve the purpose for which it was
produced without processing [261.2(c)(1)]
•
•
•
•
Spent solvents
Spent catalysts
Spent pickle liquor
Spent plating bath solutions
Sludge
A sludge is any solid, semisolid, or liquid waste
generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment
plant, or air pollution control facility, exclusive of the
treated effluent from a wastewater treatment plant
• Wastewater treatment plant sludges
• Electric arc furnace
dust (K061)
• Baghouse dust
By-Product
A “by-product” is a material that is not one of
the primary products of a production process
and is not solely or separately produced by the
production process
• Not intentionally produced
• Needs further processing
• Distillation column bottoms
• Heavy ends
• Slag
Co-Product
A co-product is a material intentionally produced by the
manufacturing process and ordinarily used in its existing
state as a commodity in trade by the general public
Co-products:
•
•
•
•
have a recognized use and a legitimate or guaranteed market
are manufactured to specifications
must be usable without reprocessing
are managed as a valuable commodity
Co-products are not subject to RCRA regulation if they are used
for their intended purpose.
Example: Gasoline, kerosene, fuel oil, and asphalt are coproducts from petroleum refining. Petroleum tank bottoms are a
by-product.
Commercial Chemical Product (CCP)
CCP is unused product (e.g., off-specification
chemical)
• Any kind of unused product – doesn’t have to
be listed in §261.33 (P and U wastes)
–
–
–
–
–
–
paint
batteries
circuit boards
pesticides
off-spec chemical
etc.
Scrap Metal
Scrap Metal
Scrap metal is bits and pieces of metal parts …or
metal pieces that may be combined together with
bolts or soldering … which when worn or
superfluous can be recycled
–
–
–
–
–
Sheet metal
Wire
Metal tanks and containers
Scrap automobiles
Machine shop turnings
Scrap Metal (cont.)
Regulated scrap metal is scrap metal that is not
excluded under 261.4(a)(13).
Examples include scrap metal that is discarded or
improperly managed prior to recycling, small fines
generated during shredding of circuit boards, solder
skimmings or dross.
Solid Waste Exclusions
40 CFR 261.4(a)
Materials which are not solid wastes. The following
materials are not solid waste:
Solid Waste Exclusions
40 CFR 261.4(a)
Domestic sewage and mixtures of domestic 261.4(a)(1)
sewage
Domestic sewage or any mixture of domestic
sewage and other waste that passes through a
sewer system to a publicly-owned treatment works.
Solid Waste Exclusions
62-730.030(4)(a), F.A.C. - “With respect to a
claim that a substance…is not a solid waste
because it is a mixture of domestic sewage
and other wastes that passes through a sewer
system to a … POTW for treatment …
‘appropriate documentation’ shall mean a
copy of notification to the POTW and the
Department …”
This exclusion does not
include discharges to septic
tanks.
Solid Waste Exclusions
40 CFR 261.4(a)
Industrial point source discharges
261.4(a)(2)
Irrigation return flows
261.4(a)(3)
Source, spent nuclear or by-product as
defined by the AEA
261.4(a)(4)
Solid Waste Exclusions
40 CFR 261.4(a)
In-situ mining materials
261.4(a)(5)
Pulping liquors
261.4(a)(6)
Spent sulfuric acid used to produce sulfuric 261.4(a)(7)
acid
Secondary materials reclaimed in a closed- 261.4(a)(8)
loop process in tanks
Solid Waste Exclusions
40 CFR 261.4(a)
Spent wood preservatives (when reused)
261.4(a)(9)
Coke by-product wastes (some K-wastes)
261.4(a)(10)
Splash condenser dross residues
261.4(a)(11)
Oil-bearing hazardous secondary materials 261.4(a)(12)
generated and recycled within the petroleum
refining industry
Solid Waste Exclusions
40 CFR 261.4(a)
Excluded scrap metal
261.4(a)(13)
Shredded circuit boards
261.4(a)(14)
Pulping condensates derived from Kraft mill 261.4(a)(15)
steam strippers
Comparable fuels or syngas fuels
261.4(a)(16)
Solid Waste Exclusions
40 CFR 261.4(a)
Mineral processing spent materials being
recycled
Petrochemical recovered oil
261.4(a)(17)
261.4(a)(18)
Spent caustic solutions from petroleum
refining
261.4(a)(19)
Hazardous secondary materials used to
make zinc fertilizers
261.4(a)(20)
Solid Waste Exclusions
40 CFR 261.4(a)
Zinc fertilizers made from hazardous
secondary materials
Used cathode ray tubes (CRTs)
261.4(a)(21)
261.4(a)(22)
Solid Waste Exclusions
Used Cathode Ray Tubes (CRTs)
Used, intact CRTs are not solid waste if
they are:
• not disposed
• not speculatively accumulated by CRT
collectors or glass processors
Used, intact CRTs are not solid waste
when exported if they are:
• not speculatively accumulated
• notification requirements are met
Used broken CRTs and glass removed from CRTs are not solid waste,
provided they meet the requirement of 40 CFR 261.39.
(storage, labeling, transportation, UCD, processing and export requirements).
Solid Waste Exclusions
40 CFR 261.4(a)
Some solvent-contaminated wipes that are 261.4(a)(26)
cleaned and reused
Note: Florida has not adopted the SW exclusions in 261.2(a)(2)(ii)
and 261.4(a)(23-25) for hazardous secondary materials generated
and reclaimed under the control of the generator, transferred to
another person for reclamation, or exported and reclaimed in a
foreign country.
Available Tools and Information
• http://www.epa.gov/solidwaste/hazard/dsw/resources.htm
• Definition of Solid Waste Decision Tool
• A useful tool that has a ten-step process to help make HW
determination and it can generate “Outcome” reports
• http://www.epa.gov/osw/hazard/dsw/tool.htm
Definition of Solid Waste Flowchart
Documentation of Claims that Materials are Not
Solid Waste or are Conditionally Exempt from
Regulation
Documentation of claims that materials are not solid wastes - 261.2(f):
Respondents in actions to enforce regulations who raise a claim that a certain
material is not a solid waste, or is conditionally exempt from regulation must:
•
Demonstrate the presence of a known market or disposition for the
material
•
Demonstrate that they meet the terms of the exclusion or the exemption
• Provide adequate documentation that:
• The material is not a waste or is exempt from regulation
• Recyclers/reclaimers must show they have the necessary
equipment to recycle the material
Questions?