40 cfr 261.4(a)(9) - The Spent Wood Preservatives Exclusion from Regulation as a Solid Waste

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EXCLUSIONS FROM REGULATION AS SOLID WASTEOne presentation in a series that briefly explains the Federal exclusions from full regulation for certain materials under the Resource Conservation and Recovery Act (RCRA).

40 CFR 261.4(a)(9)

This presentation: 40 CFR 261.4(a)(9):Spent Wood Preservatives

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

A different kind of training.

40 CFR 261.4(a)(9)

http://www.danielstraining.com/

mailto:[email protected]

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40 CFR 261.4(a)

• Paragraph ‘a’ of section 261.4 identifies 26 materials excluded from regulation as a solid waste.

• If a material does not meet the definition of a solid waste, it cannot be a hazardous waste.

40 CFR 261.4(a)(9)

Solid Waste

Hazardous Waste

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Spent Wood Preservatives“Many wood preserving plants recycle their wastewaters and spent wood preserving solutions. These materials are collected on drip pads and sumps, and are in many cases returned directly to the beginning of the wood preserving process where they are reused in the same manner. While the process resembles a closed-loop recycling process, the closed-loop recycling exclusion does not apply because drip pads are open to the air. Consistent with their objective to encourage recycling hazardous waste, EPA developed a specific exclusion for spent wood preserving solutions and wastewaters containing spent preservatives, provided that the materials have been reclaimed and are reused for their original purpose. In addition, wood preserving solutions and wastewaters are excluded from the definition of solid waste prior to reclamation. To use this exclusion, a facility is required to reuse the materials for their intended purpose and manage them in a way that prevents releases to the environment.”

40 CFR 261.4(a)(9)

2011 RCRA Orientation Manual

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“The following materials are not solid wastes for the purpose of this part…” (1.0)

1. Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose.

And…

2. Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood.

40 CFR 261.4(a)(9)

But it gets better…

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Use

SpentReclamation

• The exclusion applies to these materials (slide 5) prior to reclamation, if:

1. They are reused on-site at water borne plants in the production process for their original intended purpose.

40 CFR 261.4(a)(9)

Water Borne Plant

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2. They are managed to prevent a release to either land or groundwater or both.

40 CFR 261.4(a)(9)

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3. Management units can be visually or otherwise determined to prevent such releases.

40 CFR 261.4(a)(9)

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4. Drip pads used to manage them comply with

§265, Subpart W.

Subpart W-DRIP PADS

§265.440 - Applicability

§265.441 - Assessment of existing drip pad integrity

§265.442 - Design and installation of new drip pads

§265.443 - Design and operating requirements

§265.444 - Inspections

§265.445 - Closure

40 CFR 261.4(a)(9)

Applies to a CESQG as well

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• Prior to using the exclusion, owner/operator prepares & maintains on-site a notification stating the intent to claim the exclusion.

• The plant must maintain a copy of notification on-site until facility closure.

40 CFR 261.4(a)(9)

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• The exclusion applies so long as the plant meets all of the conditions.

• If the plant goes out of compliance with any condition, it may apply to the USEPA or State for reinstatement.

• Agency may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that the violations are not likely to recur.

40 CFR 261.4(a)(9)

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More to Consider (1.0)…

• Wood preservatives can be divided into two general classes:

1. Oilborne preservatives:• Creosote• petroleum solutions of pentachlorophenol

2. Waterborne preservatives applied as water solutions.

40 CFR 261.4(a)(9)

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• Spent is defined at 40 CFR 261.1(c)(1):

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.

40 CFR 261.4(a)(9)

That’s where reclamation comes in…

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• Reclamation is defined at 40 CFR 261.1(c)(4):

A material is “reclaimed” if it is processed to recover a usable product, or if it is

regenerated. Examples are recovery of lead values from spent batteries and regeneration of

spent solvents.

40 CFR 261.4(a)(9)

There’s more to the definition, but it doesn’t apply to this exclusion

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• Check with your State as it may not recognize this Federal exclusion.

40 CFR 261.4(a)(9)

http://www.epa.gov/wastes/wyl/stateprograms.htm

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40 CFR 261.4(a)(9) Verbatim (1.0):

(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:

…

(9)(i) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose; and

(ii) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood.

(iii) Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in paragraphs (a)(9)(i) and (a)(9)(ii) of this section, so long as they meet all of the following conditions:

40 CFR 261.4(a)(9)

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40 CFR 261.4(a)(9) Verbatim (2.0):


…

(A) The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended purpose;

(B) Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both;

40 CFR 261.4(a)(9)

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40 CFR 261.4(a)(9) Verbatim (3.0):

(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:…(C) Any unit used to manage wastewaters and/or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases;(D) Any drip pad used to manage the wastewaters and/or spent wood preserving solutions prior to reuse complies with the standards in part 265, subpart W of this chapter, regardless of whether the plant generates a total of less than 100 kg/month of hazardous waste; and

40 CFR 261.4(a)(9)

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40 CFR 261.4(a)(9) Verbatim (4.0):


…

(E) Prior to operating pursuant to this exclusion, the plant owner or operator prepares a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: “I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation.”

40 CFR 261.4(a)(9)

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40 CFR 261.4(a)(9) Verbatim (5.0):

(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:…(E continued) The plant must maintain a copy of that document in its on-site records until closure of the facility. The exclusion applies so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the appropriate Regional Administrator or state Director for reinstatement. The Regional Administrator or state Director may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that the violations are not likely to recur.

40 CFR 261.4(a)(9)

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40 CFR 261.4(a)(9)

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40 cfr 261.4(a)(9) - The Spent Wood Preservatives Exclusion from Regulation as a Solid Waste

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