Recycling Regulations & All That - CLU-IN · Recycling Regulations & All That The dreaded...

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Recycling Regulations & Recycling Regulations & All ThatAll That

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

confusing regulations

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Definition of Solid Waste and RecyclingDefinition of Solid Waste and Recycling

Special thanks to :Special thanks to :EPA/OSWEPA/OSW

Matt HaleMatt Hale

Jim OJim O’’LearyLeary

Amy LileAmy Lile

Teena WootenTeena Wooten

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Outline of PresentationOutline of Presentation

Part 1: Overview of Part 1: Overview of CurrentCurrent Definition of Solid Definition of Solid Waste (DSW) Regulatory FrameworkWaste (DSW) Regulatory Framework

Part 2: DSW Determinations Part 2: DSW Determinations -- Examples & Case Examples & Case Study Study

Part 3: Overview of New DSW Website/DSW Part 3: Overview of New DSW Website/DSW Tool KitTool Kit

Part 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 regulation so complicated?regulation so complicated?

Must look in many placesMultiple Regulations FR NoticesInterpretive Memoranda

Long historyMust 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 look

Regulations40 CFR 26140 CFR 26640 CFR 27340 CFR 279

FR NoticesJanuary 4, 1985 Definition of Solid Waste

Interpretive MemorandaSylvia Lawrence Memo on Sham vs. True Recycling (April 26, 1989)

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What are the regulated community's What are the regulated community's most common questions?most common questions?

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?

Do I count recycled waste in my monthly generator totals?

Why 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 exclusion?

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

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

Abandoned - disposed, burned or incinerated, accumulated speculativelyRecycled - 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 employed as an effective substitute for a commercial productReclaimed - processed to recover a usableproduct or regenerated

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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 other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include……

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The Universe of Solid Waste

Solid Waste

Hazardous Waste

SOLID WASTE

Compressed Gas

Solids

Liquids

Gasesin Containers

Acutely Hazardous Waste

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First things first (continued)First things first (continued)Recycled materials are solid wastes! (Some anyway).Spent Material - 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

Recyclable Material - hazardous waste that is recycledDefinition found in 1/4/85 Federal Register:

Secondary Material - a material that potentially can be a solid and hazardous waste when recycled (e.g. spent materials, sludges, by-products, scrap metal, CCPs)

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Part 1Part 1

Overview of Current DSW Regulatory Overview of Current DSW Regulatory FrameworkFramework

A 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 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 materials.materials.

AbandonedRecycled

Inherently Waste-Like

Military Munitions

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AbandonedAbandoned

Disposed of.Disposed of.

Burned or Incinerated. Burned or Incinerated.

Accumulated, Stored, Treated. Accumulated, Stored, Treated.

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Inherently WasteInherently Waste--LikeLike

DioxinDioxin--containing listed wastes F020, containing listed wastes F020, F022, 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 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.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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Military Munitions Military Munitions

Military munitions are not solid wastes Military munitions are not solid wastes when: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).Not left on the ramp.Not left on the ramp.

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

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

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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Hierarchy of Recycling

Not a solid waste by Use/Reuse Exclusion and

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

Universal Waste 261.9Part 273

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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)

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 &

petroleum industry returned to refining process (12, 18)

Recycled excluded scrap metal (13)

Recycled shredded circuit boards (14)

Recycled materials from mineral processing industry (17)

Spent caustics from petroleum refining used to make cresylic or naphthenic acid (19)

Waste derived Zinc microfertilizers (20, 21)

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

Comparable/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)

Used oil distillation bottoms used as feedstock to manufacture asphalt (14)

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0

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120

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80

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20

20

40

60

60

40

FFOO

COC

O

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Recyclable Materials (hazardous waste) Recyclable Materials (hazardous waste) 261.6 261.6

None to full regulation- reclaimed industrial ethyl alcohol - precious metals (Part 266, subpart F) - spent lead-acid batteries

-- (Part 266, subpart G)- UCD (Part 266, subpart C)- 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 regulation

Generator (must count), Transporter, and Storer regulations apply

Use of waste or used oil contaminated with dioxin prohibited

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Recyclable Materials Recyclable Materials -- Part 266Part 266

Spent Lead-Acid Batteries being Reclaimed - No regulation

No regulation of generators (do not count), transporters, collectors, regenerators, 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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Recyclable Materials Recyclable Materials -- Part 266Part 266Hazardous Waste Burned in Boilers and Industrial Furnaces - Fully Regulated

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

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Universal Waste Universal Waste -- Part 261.9Part 261.9

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

batteriespesticidesMercury-containing equipmentlamps

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Recyclable Materials Recyclable Materials -- Used Oil Used Oil Part 279 Part 279 -- Moderate regulationModerate regulation

Used oil that is recycled by being: reused, re-refined, reclaimed, burned for energy recovery, or reprocessed

Used oil only; does not include mixtures of used oil and characteristic or listed hazardous waste

Materials derived from used oil that are disposed of or used in a manner constituting disposal are not used oil, are solid wastes, and subject to full regulation if hazardous

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Generators Generators –– must manage as hazardous wastemust manage as hazardous waste

Transporters Transporters –– must manage as hazardous wastemust manage as hazardous waste

Recyclers Recyclers ––

That store* prior to recycling need a permit!That store* prior to recycling need a permit!

That donThat don’’t store* prior to recycling dont store* prior to recycling don’’t need a permitt need a permit

““StorageStorage”” is not defined, but generally includes is not defined, but generally includes anything that is NOT conveyance (typically 24 anything that is NOT conveyance (typically 24 hours*).hours*).

*Not defined by regulation*Not defined by regulation

Recyclable Materials - All other materials (Fully regulated)

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

Is hazardous waste recyclingactivity listed in §261.6(a)(3)?

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

Is hazardous waste being exported or imported from

OECD countries forthe purposes of recovery?

Fully regulated under§§§261.6(b), (c), & (d).

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

Part 270 & Part 124(i.e., permitting).

Recyclable materialexempt from regulation

See Part 279, Used Oil Standards

See Part 262, Subpart H

No

No

No

No

Yes

Yes

Yes

Yes

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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 effective substitute for a commercial As an effective substitute for a commercial chemical product.chemical product.

-- 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.

These 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

inherently 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 ConstitutingDisposal

261.2(c)(1)

EnergyRecovery/

Fuel261.2(c)(2)

Reclamation261.2(c)(3)except formineral

processing

SpeculativeAccumulation261.2(c)(4)

Spent Materials * * * *

Sludges 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 * * * *Materials with a * ARE solid wastes.Materials with a ---- are NOT solid wastes.

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DSW Determination Involves Examining Two Components:DSW Determination Involves Examining Two Components:

Type of Recycling ProcessType of Recycling Process-- Use constituting disposalUse constituting disposal-- Burning for energy recoveryBurning for energy recovery-- ReclamationReclamation-- Use/ReuseUse/ReuseType of Secondary MaterialType of Secondary Material-- Spent materialsSpent materials-- Listed sludges and byListed sludges and by--productsproducts-- Characteristic sludges and byCharacteristic sludges and by--productsproducts-- Commercial chemical products (CCPs)Commercial chemical products (CCPs)-- Scrap metalScrap metal

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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 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 applied commercial chemical products that are ordinarily applied to the land.to the land.

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8/1/20088/1/2008 3333

Burning For Energy RecoveryBurning For Energy Recovery

Burning 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 in 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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ReclamationReclamation

Processing 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 the products when distinct components of the material that are of value are recovered.material that are of value are recovered.

RegenerationRegenerationWastes are regenerated when they are Wastes are regenerated when they are processed 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 Materials

Spent Materials.Spent Materials.

Sludges.Sludges.

ByBy--products.products.

Commercial Chemical Products.Commercial Chemical Products.

Scrap Metal.Scrap Metal.

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Spent MaterialSpent Material

Any material that has been used and, as a result of Any material that has been used and, as a result of 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 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 solvents

Spent catalystsSpent catalysts

Spent pickle liquorSpent pickle liquor

Spent plating bath solutions.Spent plating bath solutions.

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SludgeSludge

““any 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 wastewater treatment plantwastewater treatment plant””

Wastewater treatment plant Wastewater treatment plant

sludges.sludges.

Electric arc furnace dust (K061).Electric arc furnace dust (K061).

Baghouse dusts.Baghouse dusts.

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ByBy--ProductsProducts

““a 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--ProductProduct

A 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 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 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 Product

Unused off specification product.Unused off specification product.

Listed in Listed in §§261.33 (P and U wastes).261.33 (P and U wastes).

Characteristic.Characteristic.

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Scrap MetalScrap Metal

““bits and pieces of metal parts bits and pieces of metal parts ……or metal or metal pieces that may be combined together pieces that may be combined together with bolts or soldering with bolts or soldering …… which when worn which when worn or 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 Recycling

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 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)).Prohibited for materials that are not solid waste.Prohibited for materials that are not solid waste.

Recycling 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 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 Recycling.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?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?Are there toxicsAre there toxics--alongalong--forfor--thethe--ride (TARS)?ride (TARS)?Material value?Material value?

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Part 2Part 2

DSW Determinations DSW Determinations --

Examples and Case StudyExamples and Case Study

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Definition of Solid Waste and RecyclingDefinition of Solid Waste and RecyclingPart 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

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Part 2: Examples Part 2: Examples

Spent materialsSpent materials

-- Continued use Continued use

-- Scope of spent materialsScope of spent materials

Use/reuse vs. reclamationUse/reuse vs. reclamation

-- Incidental processingIncidental processing

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Examples for DiscussionExamples for DiscussionA 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 reclaimeWhat is the regulatory status of this solvent if it is reclaimed to produce virgin solvent?d 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 subsequeWhat is the regulatory status of this solvent if it is subsequently used to ntly used to clean drums?clean drums?

-- What is the regulatory status of this solvent if, after used toWhat is the regulatory status of this solvent if, after used to clean drums, the drums are subsequently cleaned 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 acito clean silicon wafers before being etched. Over time this acid picks up small d 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 availablthe acid concentration is still purer than commercially available sulfuric acid e sulfuric acid used 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, priorWhat is the regulatory status of this sulfuric acid if, prior to being used to make a reagentto 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 thto remove small particles accumulated in the acid to protect the e 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 empThe Agency has previously stated that when a used solvent is employed loyed for another solvent use, this continued use indicates the solvenfor another solvent use, this continued use indicates the solvent remains a t remains a product.product. The used solvent in this case is a material continuing to be useThe used solvent in this case is a material continuing to be used as d as a solvent, the purpose for which it is intended, rather than a sa solvent, the purpose for which it is intended, rather than a spent material pent 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 swashing would not be considered a solid waste and would not be subject to ubject to Resource Conservation and Recovery ACT (Resource Conservation and Recovery ACT (““RCRARCRA””) Subtitle C hazardous ) Subtitle C hazardous waste regulations when generated, transported, or used. 50 Fed. waste regulations when generated, transported, or used. 50 Fed. Reg. 614, Reg. 614, 624 (1985)624 (1985)””

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

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Incidental Processing Policy GuidanceIncidental Processing Policy Guidance

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

-- Examples include: wetting of dry wastes to avoid wind dispersalExamples include: wetting of dry wastes to avoid wind dispersal; briquetting of dry wastes to ; 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 them 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(1) change a material’’s physical s physical form without changing the mass of the material or its chemical cform without changing the mass of the material or its chemical composition, or (2) make omposition, or (2) make only a minor change to the mass of the material, which also may only a minor change to the mass of the material, which also may make a minor change to make a minor change to the 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 specification- 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, 200See Memorandum to the Regions from Director, OSW, October 4, 2005.5.

These incidental processing activities may take place at any step during the use/reuse process. In addition, a process may involve more than one such processing step and still not be considered reclamation when the cumulative effect of all processing activities results in only the kinds of processing changes that would be considered “incidental.” Finally, incidental processing steps in operations using secondary materials are likely to be similar to comparable “incidental” steps in analogous production processes using virgin raw materials.

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

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 cop(characteristically hazardous for toxicity) generated from a copper per smelting operationsmelting operation’’s air pollution control system that is reclaimed for 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 nicconcentration of .5% nickel, and the slag generated from the nickel kel

reclamation 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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BackgroundBackground

For 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 coUnlike traditional or compressed gas cylinders, SDS cylinders contain a microntain a micro--porous porous medium that sorbs high purity gases during filling (the gas molemedium that sorbs high purity gases during filling (the gas molecules sorb both onto the surface of cules 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 Upon continued use, the differential pressure decreases to the point where the customer 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 insIn 2003, Commonwealth of Massachusetts requested Region 1 to inspect Matheson. pect Matheson. Region 1 determined cylinders to be spent materials. Region 1 determined cylinders to be spent materials.

In 2006, In 2006, Matheson appealed Region 1Matheson appealed Region 1’’s decision to EPA Headquarters.s decision to EPA Headquarters.

In 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 Environmental Services (IES) in Atlanta, Georgia to extract the remaining gases.remaining gases.

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

- The gases contained in these cylinders, such as arsine and phosphine, are of extremely high purity and delivered in cylinders that are below atmospheric pressure, as opposed to pressurized containers.

- This technology allows for more gas per cylinder and safer filling, transportation and delivery of the gas.

- The customer draws out gas from the cylinder by connecting it to a process unit with lower pressure than the cylinder.

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

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Figure 1

Overview of Matheson Tri-Gas Process(based on information from 2005 inspection)

Filled Matheson SDS Cylinders –Ready for Customer Use Matheson

Customers

New/Refilled SDS Cylinders

Valve Damage that can be reworked in-house?

YES

Other Gases Introduced that can be removed in

NO

Refill & Send for Reuse?

NO

Inspection Process

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

IES Baking ProcessGases – Returned to MathesonMedia – Discarded after Baking ProcessCylinders – Returned to MathesonValves – Returned to Matheson

YES

Discarded Media-Solid and Hazardous waste?

YES

Filling Process

Reworking Process

New SDS Cylinders(contain media but not gas)

A

B

C

D

E

Cylinder A – Cylinder containing new media that has not been filledCylinder B – Cylinder containing used media that is ready for refill

Cylinder C – Cylinder containing used media that has inert gases in headspace

Cylinder D – Damaged Cylinder containing used media that can be repaired by Matheson

Cylinder E repaired/purified by Matheson

90%Refilled

10%Sent to IES

Overview of Matheson Tri-Gas Process(based on information from 2005 inspection)

Filled Matheson SDS Cylinders –Ready for Customer Use Matheson

Customers

Valve Damage that can be reworked in-house?

YES

Other Gases Introduced that can be removed in-house

NO

Refill & Send for Reuse?

NO

Inspection Process

NO -throat leak (valve damage)-non-inert gas contamination-obsolete cylinders (i.e., SDS I)

Send to IES for Reprocessing

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

YES

Discarded Media-Solid and Hazardous waste?

YES

Filling Process

Reworking Process

New SDS Cylinders(contain media but not gas)

A

B

C

D

E

Cylinder A –Cylinder B –Cylinder C –Cylinder D

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

90%Refilled

10%Sent to IES

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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 gas 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 CCP.No regulation because gas a CCP.

CCP gas would be considered a waste, if:-- Abandoned

-- Gas cannot be recovered

-- No market for recovered gases

If CCP gas is a waste, full RCRA applies to the gas if it is a hazardous waste.

Customer to Matheson. RCRA does not apply because gas a CCP.

The gas remaining in the cylinder (including the media) that is returned to Matheson can still fulfill its intended purpose once Matheson inspects (possibly conducts incidental processing), and refills the cylinder with new gas. The new gas and remaining gas are indistinguishable.

While at Matheson and Return to Customer. RCRA does not apply because gas a CCP.

The returned gas continues to be used for its intended purpose. The gas will not be subject to any RCRA regulatory requirements, including speculative accumulation.

Matheson to IES. RCRA does not apply because gas is an unused CCP going for removal from container, reclamation and resale.

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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 theiCylinders are complex, engineered units that either outlive their r

usefulness (insufficient gas remains) or possibly fail during ususefulness (insufficient gas remains) or possibly fail during usage. age. Gas is one component of this unit.Gas is one component of this unit.

-- SDS cylinders would be considered spent materials when they havSDS cylinders would be considered spent materials when they have e 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 not Contaminated media (either when gas recovered or not recovered)recovered)

-- Obsolete cylindersObsolete cylinders

Regulatory status of cylinders when:

-- Customer sends cylinder to Matheson: RCRA does not apply.

-- Inspected by Matheson: Non-refillable or obsolete units being sent to IES may be subject to RCRA.

-- Matheson sends cylinder back to customer: RCRA does not apply.

-- Sent by Matheson to IES: Both facilities subject to all applicable RCRA regulations for cylinders found to be a hazardous waste.

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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 MathesonThe gas is a product purchased by Matheson’’s customers, and used after it s customers, and used after it is discharged from the cylinder. is discharged from the cylinder.

The remaining gas in the cylinder is an unused product inside a The remaining gas in the cylinder is an unused product inside a container.container.

The SDS cylinders and media are a storage container holding the The SDS cylinders and media are a storage container holding the gas. gas.

The SDS cylinders are storage containers. Everything else about SDS cylinders (e.g., the fact that the cylinders are at sub-atmospheric pressures and the fact that the gas is sorbed to the media) plays a supporting role - whether unused or returned by Matheson customers with considerable quantities of unused gas; i.e., 30-50%, still remaining.

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Past Interpretations Potentially Supporting CCP Past Interpretations Potentially Supporting CCP ParadigmParadigm

Recycling torpedo fuel contaminated with salt water.Recycling torpedo fuel contaminated with salt water.-- Any propulsion fuel that remains in a torpedo (after it has beeAny propulsion fuel that remains in a torpedo (after it has been fired) that is n fired) that is retrieved from the ocean can be recovered. retrieved from the ocean can be recovered.

RefillingRefilling bubbler canisters containing phosphorous oxychloride chemical mabubbler canisters containing phosphorous oxychloride chemical may y be reclaimed.be reclaimed.-- The data from company that manufactures new bubblers and receiveThe data from company that manufactures new bubblers and receives returned s returned bubblers indicate phosphorous oxychloride remaining in the returbubblers indicate phosphorous oxychloride remaining in the returned canister is ned 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 Residues may be reclaimed. Returned cylinders are ““topped offtopped off”” without discard of without discard of the residues, and with reclamation of the residues by the gas suthe residues, and with reclamation of the residues by the gas supplier. In these pplier. In these cases, 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 MathesSDS gases are not subject to RCRA jurisdiction so long as Matheson and IES recycle on and IES recycle and recover gases. No RCRA oversight of Matheson and similar opeand recover gases. No RCRA oversight of Matheson and similar operations. rations.

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

Pushes the decision line between CCPs and spent materials along Pushes the decision line between CCPs and spent materials along the spectrum 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.

If the decision is made that these materials are CCPs that can be recovered and not spent materials, even though the gases were contaminated while the cylinder was being used in the manufacturing process as a complex delivery system, this precedent will push the line between CCPs and spent materials along the spectrum towards CCPs.

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

-- The complexity of the processes required to remove the gas fromThe complexity of the processes required to remove the gas from the cylinders is the cylinders is what separates this paradigm from other what separates this paradigm from other ““containers holding CCPcontainers holding CCP”” and makes the and makes the cylinder more like other engineered units considered spent matercylinder more like other engineered units considered spent materials (e.g., ignitron ials (e.g., ignitron tubes, mercury switches).tubes, mercury switches).

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

-- SDS cylinders being sent to IES may include cylinders with contSDS cylinders being sent to IES may include cylinders with contamination in the amination in the medium by other gases, which counsels in favor of regulating at medium by other gases, which counsels in favor of regulating at least those least those contaminated cylinders as spent materials.contaminated cylinders as spent materials.

In this paradigm, the gas is not considered as a separate material.

The medium, cylinder, and gas are a complex engineered unit that is used to provide high quality but dangerous gases safely and cost-effectively.

The chemical (gas) in the unit provides functionality to the unit during its use as a safe delivery system by allowing some portion of the gas to be dispensed.

------------------------------------------------------------------------------------------

When Matheson markets its product, it is not just marketing the gas, but the entire unit. Otherwise, Matheson would be marketing a commodity with no special qualities to differentiate its product from its competitors.

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Past Interpretations Potentially Supporting Past Interpretations Potentially Supporting Spent Material ParadigmSpent Material Paradigm

Ignitron tubes containing mercury.Ignitron tubes containing mercury.

--Ignitron tubes (e.g., electron tubes that convert alternating cuIgnitron tubes (e.g., electron tubes that convert alternating current (AC) to direct rrent (AC) to direct

current (DC)) sent off site for mercury reclamation are classificurrent (DC)) sent off site for mercury reclamation are classified as spent material ed as spent material and 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 iWhen are used mercury relay switches spent? If mercury switch is sent for further s sent for further

use as a relay or switch, it never becomes a solid waste. If theuse as a relay or switch, it never becomes a solid waste. If the switch is taken out of switch is taken out of

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

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What are policy implications if we adopt this What are policy implications if we adopt this 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.

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

Classification of the gas/cylinder/media as a unit instead of a Classification of the gas/cylinder/media as a unit instead of a material inside material inside a container would push the line of demarcation closer to the enga container would push the line of demarcation closer to the engineeredineered--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.

If the SDS cylinders are considered spent materials, applicable RCRA requirements (e.g., generator and TSDF requirements) would require prevention of release.

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 engineered-unit/spent material end of the continuum. This could result in the classification of other materials as spent materials. There are many special storage and delivery systems for many different types of products, and this determination could have an impact on the classification of other materials stored and dispensed in complex delivery systems.

Spent material paradigm allows oversight by EPA and states. However it may be difficult to determine which cylinders fail characteristics. EPA would need to rely on Matheson, who should have enough information to determine if cylinders are characteristically hazardous using process/content knowledge

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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 materiaclassified as a container holding an unused CCP or spent material. l.

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 chemicaWith respect to ignitron tubes and mercury switches, the chemical of concern l of concern

(e.g., mercury) plays an integral role in the functioning of the(e.g., mercury) plays an integral role in the functioning of the unit, unit, while the chemical while the chemical is 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 canistersConversely, with the SDS cylinders and pressurized gas canisters, the , the principal purpose of the unit is to store and dispense the chemiprincipal purpose of the unit is to store and dispense the chemical.cal.

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

In the past, we have determined that some units of concern, such as mercury switches or ignitron tubes were spent materials when they had become contaminated or when they had outlived their usefulness and no longer could be used. In other situations, we have determined that the units were containers holding an unused CCP. Examples include pressurized gas cylinders and “bubblers.”

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, while the chemical is inside of the unit and the item’s main purpose is to provide some function other than storage and delivery of the chemical. The mercury has no function outside of these units. Conversely, with the SDS cylinders and pressurized gas canisters, the principal purpose of the unit is to store and dispense the chemical, and the main purpose or function for which the chemical (e.g., phosphine or arsine) is used occurs outside of the unit.

Therefore, we consider these SDS canisters to be chemical storage and delivery units, whereas the mercury inside of the mercury switch and ignitron tube is integral to the proper functioning of the unit. In other words, the SDS cylinders are storage devices holding a CCP. Conversely, with the mercury switches, once the unit is no longer functioning, the chemical remaining inside of the unit has been used as part of the functioning of the item itself.

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

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

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

Abandoned CCPs are solid wastes (see 40 CFR 261.2(i).), and if hazardous, hazardous wastes.

Determinations as to whether a CCP is abandoned are site-specific and are made by the Regions and states implementing the RCRA program.

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

Steps 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 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. Talk to your colleagues. ““Do you see what I see?Do you see what I see?””

---- DonDon’’t assume anything!t assume anything!

---- DonDon’’t die on your sword!t die on your sword!

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Searching RCRA Online Using GoogleSearching RCRA Online Using Google

Enter the word Enter the word ““sitesite”” followed immediately by the name of the serverfollowed 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 Example: If you want to search for ““copper slagcopper slag””, enter;, enter;

site:http://yosemite.epa.gov copper slagsite:http://yosemite.epa.gov copper slag

http://yosemite.epa.gov

http://yosemite.epa.gov

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EPAEPA’’s Definition of Solid Waste Networks 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 activities

Interact with your peersInteract with your peers

Discuss issues and topics of concernDiscuss issues and topics of concern

Obtain guidance and ideas from your peersObtain guidance and ideas from your peers

Contact Teena Wooten at [email protected] Teena Wooten at [email protected]

mailto:[email protected]

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Part 3Part 3

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

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PurposePurpose

Share with ASTSWMO efforts underway in EPAShare with ASTSWMO efforts underway in EPA’’s 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:

Definition of Solid Waste (DSW) WebsiteDefinition of Solid Waste (DSW) Website

DSW Tool KitDSW Tool Kit

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

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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.)

Will include information on:Will include information on:Definition of Solid Waste (DSW)Definition of Solid Waste (DSW)

Types of Hazardous WasteTypes of Hazardous Waste

GenerationGeneration

TransportationTransportation

Treatment, Storage, and Disposal (TSD)Treatment, Storage, and Disposal (TSD)

Waste Minimization Waste Minimization

Hazardous Waste RecyclingHazardous Waste Recycling

Corrective ActionCorrective Action

Test MethodsTest Methods

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

New website is designed to:New website is designed to:Be more user friendlyBe more user friendly

ComprehensiveComprehensive

UpUp--toto--datedate

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Proposed DSW WebsiteProposed DSW Website

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

Will include information on DSW:Will include information on DSW:CompendiumCompendium

RulemakingsRulemakings

ResourcesResources

DSW 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 History

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Proposed DSW Website Proposed DSW Website ––DSW ResourcesDSW Resources

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DSW Tool Kit DraftDSW Tool Kit Draft

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InstructionsInstructions

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. HoweMany external links (e.g., to the CFR) are not operational. However, the ver, the decision links (decision links (““YesYes”” and and ““NoNo””) are operational.) 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.

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

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 flowcThe slides have a placeholder for a flowchart graphic. The flowchart graphic hart 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 thePlease note that the slide titles are not considered part of the Tool.Tool.

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GENERAL DISCLAIMERGENERAL DISCLAIMER

This DSW Tool Kit is provided by EPA for the This DSW Tool Kit is provided by EPA for the convenience 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 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/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 personsupport a person’’s decision whether to treat his material s decision whether to treat his material as 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 jurisdiction. material is subject to RCRA jurisdiction.

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About the ToolAbout the Tool

The Definition of Solid Waste Tool is an interactive guide to heThe Definition of Solid Waste Tool is an interactive guide to help users determine lp users determine if a material meets the Definition of Solid Waste. if a material meets the Definition of Solid Waste. This tool is designed to follow a This tool is designed to follow a series of decisions that a typical user might make when determinseries of decisions that a typical user might make when determining whether a ing 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 larorganized to simplify this decision process and to allow the largest number of gest 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 sameoutline of the Definition of Solid Waste regulations in the same order that appears 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 wastesThis web site describes Federal regulations for hazardous wastes. You may be . You may be subject to more stringent regulations established by your State.subject to more stringent regulations established by your State. Please contact 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 ne1. Read the description for each step. If more information is needed to answer the eded to answer the question, use the resources listed (they will open in a new windquestion, use the resources listed (they will open in a new window) under the ow) under the description to access EPA training modules or review EPA interprdescription to access EPA training modules or review EPA interpretations and etations and decisions on the topic in the Definition of Solid Waste Compendidecisions on the topic in the Definition of Solid Waste Compendium.um.

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

BEGINBEGIN

Discarded MaterialsDiscarded MaterialsExcluded MaterialsExcluded MaterialsIngredients/SubstitutesIngredients/Substitutes

InstructionsInstructions

Definition of Solid Waste Decision Flowchart

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

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)(1261.2(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 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) (2RCRA Orientation Manual: Hazardous Waste Identification (PDF) (26 pp, 400K)6 pp, 400K)–– This chapter provides an overview of solid and hazardous waste iThis chapter provides an overview of solid and hazardous waste identification. dentification. To access other Orientation Manual chapters, click To access other Orientation Manual chapters, click herehere..

Discarded MaterialsDiscarded MaterialsExcluded MaterialsExcluded MaterialsIngredients/SubstitutesIngredients/Substitutes Definition of Solid Waste Decision Flowchart

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

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.


Discarded MaterialsDiscarded MaterialsExcluded MaterialsExcluded MaterialsIngredients/SubstitutesIngredients/SubstitutesDefinition of Solid Waste Decision Flowchart

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Specific ExclusionsSpecific Exclusions


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, esolid waste for a variety of reasons, including public policy, economic impacts, conomic impacts, regulation by other laws, lack of data, or impracticability of rregulation by other laws, lack of data, or impracticability of regulating the waste.egulating the waste.Many of these exclusions are based upon the condition that the mMany of these exclusions are based upon the condition that the material is aterial is recycled.recycled.

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

YESYESNONO


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



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Discarded Materials Discarded Materials –– Military MunitionsMilitary Munitions


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 (iUnused or defective munitions are solid wastes when abandoned (i.e., disposed .e., disposed of, burned, incinerated) or treated prior to disposal; rendered of, burned, incinerated) or treated prior to disposal; rendered nonnon--recyclable or recyclable or nonnon--useable through deterioration; or declared a waste by an authoriuseable through deterioration; or declared a waste by an authorized military zed military official. Used (i.e., fired or detonated) munitions may also be official. Used (i.e., fired or detonated) munitions may also be solid wastes if 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.


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


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Recycled Materials Recycled Materials –– ReclaimedReclaimed


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 if it is regenerated. Examples are recovery of lead values from spent batteries and 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.


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


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Recycled Materials Recycled Materials –– Reclaimed (Reclaimed (contcont.).)

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)?

YESYESNONO


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

““ByBy--productproduct”” is defined at 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 Compendium,Compendium, Volume F: Volume F: Reclamation Reclamation –– Lists resources specific to this Lists resources specific to this topic area. topic area.




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Material is a Solid WasteMaterial is a Solid Waste

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, whatSo, what’’s next? 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;;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);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 The full requirements for facilities that store and/or recycle hazardous wastes hazardous wastes are outlined in are 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 persons who generate, transport, or store prior to recycling is provided at the provided at the Hazardous Waste area.Hazardous Waste area.

For more information on characteristic and listed wastes, see tFor more information on characteristic and listed wastes, see thehe Hazardous Hazardous Waste area. Waste area.

Also, some materials may have received a variance from the definAlso, some materials may have received a variance from the definition of solidition 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--byby--Case Variances. Case Variances.





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Material is a Solid Waste Material is a Solid Waste –– Use Constituting DisposalUse Constituting Disposal

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 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 (see Scrap metal other than excluded scrap metal (see 261.1(c)(9)261.1(c)(9)). ).

So, whatSo, what’’s next? 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);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 The full requirements for facilities that store and/or recycle hazardous wastes hazardous wastes are outlined in are 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 persons who generate, transport, or store prior to recycling is provided at the provided at the Hazardous Waste area.Hazardous Waste area.

For more information on characteristic and listed wastes, see tFor more information on characteristic and listed wastes, see thehe Hazardous Hazardous Waste area. Waste area.

Also, some materials may be excluded from the definition of soliAlso, some materials may be excluded from the definition of solid waste by d 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.





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Material is Material is notnot a Solid Wastea Solid Waste

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.

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

Please note that the goal of EPAPlease note that the goal of EPA’’s definition of solid waste s definition of solid waste regulations 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 wastaction regarding a claim that their material is not a solid waste e or 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 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 thatterms of other criteria that may be used to support a claim thattheir material is not a solid waste (i.e., similar to an analogotheir material is not a solid waste (i.e., similar to an analogous us raw material, material value, handled similarly as raw material,raw 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 enviroAlso note that your material also may be subject to other environmental regulation, nmental regulation, e.g., under RCRA Subtitle D or other state hazardous waste regule.g., under RCRA Subtitle D or other state hazardous waste regulations.ations.

For more information on wastes regulated underFor more information on wastes regulated under RCRA Subtitle D, see the RCRA Subtitle D, see the 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..

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



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Part 4Part 4

Overview of Overview of

Proposed DSW Regulatory Proposed DSW Regulatory FrameworkFramework

9999

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

Materials RecyclingMaterials Recycling

August 12, 2008August 12, 2008

Presented by Presented by

Amy LileAmy LileOffice of Solid Waste, EPAOffice of Solid Waste, EPA

[email protected]@epa.gov

(703) 305(703) 305--90919091100100

mailto:[email protected]

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Presentation OverviewPresentation Overview

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

Three Major ComponentsThree Major ComponentsRecycling StudiesRecycling StudiesMain CommentsMain CommentsPotential ImpactsPotential ImpactsStatus of Final RulemakingStatus of Final Rulemaking

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

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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 easier and more costeasier and more cost--efficient.efficient.

Some controls are still needed to appropriately Some controls are still needed to appropriately define when a hazardous secondary material is define when a hazardous secondary material is not not ““discarded,discarded,”” and to provide states the ability and to provide states the ability to oversee the exclusions.to oversee the exclusions.

Purpose of Proposed Revisions to DSWPurpose of Proposed Revisions to DSW

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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 decisions

Rule 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, 2003

Supplemental proposal March 26, 2007Supplemental proposal March 26, 2007

Purpose of Proposed Revisions Purpose of Proposed Revisions to DSW (cont.)to DSW (cont.)

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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 recyclingrecycling

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?

DSW Proposal BackgroundDSW Proposal Background

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Scope of DSW proposal:Scope of DSW proposal:

Hazardous secondary materials sent for Hazardous secondary materials sent for reclamation are eligiblereclamation are eligible

Not 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)

Burned for energy recoveryBurned for energy recovery

Inherently wasteInherently waste--like materialslike materials

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

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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 generator

Materials 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 wastes

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

Supplemental Proposal Supplemental Proposal ––Three Major ComponentsThree Major Components

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““Under the Control of the GeneratorUnder the Control of the Generator”” ExclusionExclusion::Materials eligible for exclusion include those Materials eligible for exclusion include those generated and recycled:generated and recycled:

at the same facilityat the same facilityby the same company (even at different facilities)by the same company (even at different facilities)under 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 noticeAny storage in landAny storage in land--based units is containedbased units is contained

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

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““TransferTransfer--basedbased”” ExclusionExclusion::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 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 Recordkeeping and ““reasonable effortsreasonable efforts”” (generator)(generator)Recordkeeping (recycler)Recordkeeping (recycler)PerformancePerformance--based storage standard (recycler)based storage standard (recycler)Safe management of recycling residues (recycler)Safe management of recycling residues (recycler)Financial assurance (recycler)Financial assurance (recycler)


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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 processresembling a product or intermediateresembling a product or intermediaterecycled through contractual arrangements where the recycled through contractual arrangements where the generator retains control over production and generator retains control over production and residualsresiduals

This is intended to be an administrative This is intended to be an administrative procedure where petitioners submit information procedure where petitioners submit information to 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.


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Legitimacy CriteriaLegitimacy Criteria::All recycling of hazardous wastes/secondary All recycling of hazardous wastes/secondary materials must be materials must be ““legitimatelegitimate””Criteria for determining legitimacy of recycling Criteria for determining legitimacy of recycling practices are currently in guidance and practices are currently in guidance and preamble statementspreamble statementsStates and other stakeholders have long argued States and other stakeholders have long argued for legitimacy regulations: for legitimacy regulations:

increased transparencyincreased transparencygreater regulatory certaintygreater regulatory certaintyeasier to enforcementeasier to enforcement


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

Two mandatory factorsTwo mandatory factorsMaterials must provide useful contribution to product Materials must provide useful contribution to product or recycling processor recycling process

Recycling 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 commodities

Products 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


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

Supplemental proposal provides more guidance Supplemental proposal provides more guidance on considering economics of recycling in making on considering economics of recycling in making legitimacy determinationslegitimacy determinations

Also sought comment on codification of the Also sought comment on codification of the legitimacylegitimacy


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Supplemental Proposal Supplemental Proposal ––Recycling StudiesRecycling Studies

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

1.1. 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 secondary materialssecondary materials

3.3. Potential effects of market forces on hazardous Potential effects of market forces on hazardous secondary materialssecondary materials

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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 allowing ““intermediate facilitiesintermediate facilities”” that consolidate shipments to be that consolidate shipments to be eligible for exclusion and tailoring financial assurance to eligible for exclusion and tailoring financial assurance to recycling facilities. Some still challenged EPArecycling facilities. Some still challenged EPA’’s authority to 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.

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

Supplemental Proposal Supplemental Proposal ––Main CommentsMain Comments

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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 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 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).

Supplemental Proposal Supplemental Proposal ––Main Comments (cont.)Main Comments (cont.)

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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 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.

Supplemental Proposal Supplemental Proposal ––Potential ImpactsPotential Impacts

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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, 2003

Supplemental proposal published March 26, Supplemental proposal published March 26, 2007 (72 FR 14172)2007 (72 FR 14172)

Final rulemaking scheduled for signature Final rulemaking scheduled for signature Summer 2008Summer 2008

For the latest status of the rulemaking, visit the For the latest status of the rulemaking, visit the DSW rulemaking website: DSW rulemaking website: http://www.epa.gov/epaoswer/hazwaste/dsw/abr.htmhttp://www.epa.gov/epaoswer/hazwaste/dsw/abr.htm

EPA Contact: Tracy Atagi, (703) 308EPA Contact: Tracy Atagi, (703) 308--86728672

http://www.epa.gov/epaoswer/hazwaste/dsw/abr.htm

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

N/AyesExport notice

noyes - general standardClosure & post-closure

nonoFinancial assurance

yes - applicable requirements for HW management

yes - applicable requirements for HW management

Residuals management

yes - must be "contained" if in a land-based unit

yes - tanks, containers, etc.Storage requirements

noyesPersonnel training

noyesEmergency & contingency plans

noyesBiennial Reporting

yes - certification that material is generated and reclaimed by same "person"; or contract between tolling contractor and batch manufacturer

yes

Recordkeeping

noyesTracking

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

yesNotification

yes - no speculative accumulationyesTime limits

DSW Proposal RequirementsExisting Requirements for LQGsRequirement

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

yes - reasonable effortsN/ADue diligence

yesyesExport notice

noyes - general standardClosure & post-closure

nonoFinancial assurance

yes - must be "contained" if in a land-based unit

yes - tanks, containers, etc.Storage requirements




noyesRecordkeeping

yes - maintain off-site shipment records (3 years)

yesTracking


yesNotification


DSW Proposal RequirementsExisting Requirements for LQGsRequirement

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

yesyesExport notice

noyesClosure & post-closure

yesyes - if permittedFinancial assurance

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

yes - applicable

requirements for HW management

Recycling residuals requirements

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

yes - permit

Storage requirements




noyesRecordkeeping

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


yesNotification


DSW Proposal RequirementsExisting

Requirements for Recyclers

Requirement

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New web pages for DSW and hazardous waste New web pages for DSW and hazardous waste recycling with additional resources:recycling with additional resources:

DSW Compendium: collection of materials DSW Compendium: collection of materials addressing 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 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://http://www.epa.gov/oswwww.epa.gov/osw//

Additional DSW ActivitiesAdditional DSW Activities

http://www.epa.gov/osw/

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