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

This presentation: 40 CFR 261.4(a)(24):Verified Recycler Exclusion

40 CFR 261.4(a)(24)

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PRESENTED BY:

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

A different kind of training.

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)• Paragraph ‘a’ of section 261.4 identifies 27 materials excluded from regulation as a solid waste.

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

Solid Waste

Hazardous Waste

40 CFR 261.4(a)(24)

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What is Excluded @ 40 CFR 261.4(a)?

1) Domestic sewage.2) Point source

discharge3) Irrigation return flow4) Radioactive waste 5) In-situ mining6) Pulping liquors7) Spent sulfuric acid8) Reclamation in

enclosed tanks9) Spent wood

preservatives10) Coke by-product

wastes11) Splash condenser

dross residue

40 CFR 261.4(a)(24)

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What is Excluded @ 40 CFR 261.4(a)?

12) Hazardous secondary materials from the petroleum refining industry

13) Excluded scrap metal14) Shredded circuits

boards15) Pulping condensates

derived from kraft mill steam strippers

16) Comparable fuels17) Mineral processing

secondary materials being recycled

18) Petrochemical recovered oil

19) Spent caustic solutions from petroleum refining

40 CFR 261.4(a)(24)

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What is Excluded @ 40 CFR 261.4(a)?

20) Hazardous secondary materials used to make zinc fertilizers

21) Zinc fertilizers made from hazardous wastes

22) Used cathode ray tubes (CRTS)

23) Hazardous secondary material reclaimed by generator

24) Hazardous secondary material transferred to verified recycler

25) Hazardous secondary material exported from U.S. for reclamation

26) Solvent-contaminated wipes sent for cleaning & reuse

27) Solvent Remanufacturing

40 CFR 261.4(a)(#)

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Verified Recycler ExclusionOriginally known as the Transfer-Based Exclusion, it was revised to provide more oversight of the recycling process by the 2015 Definition of Solid Waste Final Rule (2015 DSW) and renamed the Verified Recycler Exclusion.One of its primary conditions is that the recycling facility has to be verified by USEPA or an authorized state.

40 CFR 261.4(a)(24)

Overview of 2015 DSW Final Rule

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“The following materials are not solid wastes for the purpose of this part…”• A hazardous secondary material.And…

• Not speculatively accumulated.• Reclamation is legitimate.• Contained. Any release to environment not immediately recovered & recycled is a solid waste.

• Transported in compliance w/ the Hazardous Material Regulations of PHMSA/USDOT.

• Handled only by one of the following:

40 CFR 261.4(a)(24)

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

Generator

Transporter

10-day transfer facility

Verified intermediate

facility

Verified reclamation

facility

• Hazardous secondary material may be handled only by one of the following.

40 CFR 261.4(a)(24)

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

• This exclusion does not apply to the following:• Material subject to exclusion under §261.4(a).

• Spent lead acid battery subject to §266.80 or §273.2.

40 CFR 261.4(a)(24)

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

• All who manage hazardous secondary material under this exclusion must provide notification of activity.

40 CFR 261.4(a)(24)

Notication

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“The following materials are not solid wastes for the purpose of this part…”• Generator requirements:

• Arrange for transport of hazardous secondary material to a verified intermediate facility and/or reclamation facility w/i the U.S.

• Have contract w/ intermediate facility to ensure hazardous secondary material is sent to reclamation facility it designates.

• Retain records on-site of all off-site shipments & confirmation of receipt for ≥3 years.

• Comply w/ emergency preparedness & response conditions of §261, Subpart M.

40 CFR 261.4(a)(24)

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

• Reclamation & intermediate facility requirements (1.0):• Retain records on-site of all receipt & off-site shipments for ≥3 years.

• Submit confirmation of receipt to generator of hazardous secondary material.

• Have financial assurance as required by §261, Subpart H.

• Become verified per this conditional exclusion.

40 CFR 261.4(a)(24)

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

• Reclamation & intermediate facility requirements (2.0):• “Manage hazardous secondary material in a manner that is at least as protective as that employed for analogous raw material”

• This is very similar to language used for the definition of legitimate recycling.

40 CFR 261.4(a)(24)

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

• Reclamation facility requirement:• Manage residuals from reclamation – if any – safely.

And…• Manage as hazardous waste if applicable.

40 CFR 261.4(a)(24)

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

• Intermediate facility requirement:• Send hazardous secondary material to reclamation facility designated by generator.

40 CFR 261.4(a)(24)

Generator

Reclamation Facility

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More to Consider (1)…• Read more about the 2015 Definition of Solid Waste Rule.

• This Verified Recycler Exclusion replaces the Transfer-Based Exclusion created by the 2008 DSW.

• Hazardous secondary material means a secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under part 261 of this chapter (§260.10).

40 CFR 261.4(a)(24)

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More to Consider (2)…• Speculative accumulation occurs whenever a hazardous secondary material is accumulated and the following can not be demonstrated:

1. Material is potentially recyclable & has a feasible means of being recycled.

2. Of the amount on-site at the beginning of the calendar year (January 1), 75% by weight or volume is recycled (on-site or off-site) by the end of the calendar year (December 31st).

• The speculative accumulation provision was strengthened by the 2015 DSW. More…

40 CFR 261.4(a)(24)

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More to Consider (3)…

Intermediate Facility

Any facility that stores hazardous secondary materials for >10 days, other than a hazardous secondary material generator or reclaimer of such material.

Transfer Facility

Any transportation-related facility, including loading docks, parking areas, storage areas & other similar areas where shipments of hazardous waste or hazardous secondary materials are held during normal course of transportation.

40 CFR 261.4(a)(24)

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More to Consider (4)…• Legitimate reclamation of a hazardous secondary material depends on the following four factors:1. Material provides useful contribution to

recycling process or result of recycling process.2. Recycling process produces a valuable product

or intermediate.3. Generator & recycler manage hazardous

secondary material as a valuable commodity.4. Product of recycling is comparable to a

legitimate product or intermediate.• More…

40 CFR 261.4(a)(24)

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More to Consider (5)…

40 CFR 266.80

• Exemption for spent lead acid batteries sent for reclamation.

40 CFR 273.2

• Universal waste rule applicable to batteries.

40 CFR 261.4(a)(24)

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More to Consider (6)…• To be contained a hazardous secondary material must be held in a unit that is…• In good condition w/ no leaks.• Labeled or otherwise identifies the hazardous secondary material.

• Compatible w/ contents.• Designed to address any potential risk of fire or explosion.

• More…

40 CFR 261.4(a)(24)

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More to Consider (7)…• Verified reclamation or intermediate facility must have one of the following:1. A variance granted

under §260.31(d).2. A RCRA Part B

Permit.• More…

40 CFR 261.4(a)(24)

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More to Consider (8)…• Emergency preparedness & response conditions of §261, Subpart M:• ≤6,000 kg hazardous secondary material on-site at one time:• Preparedness & prevention• Emergency response

• >6,000 kg hazardous secondary material on-site at one time.• Preparedness & prevention• Contingency plan & emergency response

• More…

40 CFR 261.4(a)(24)

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More to Consider (9)…• EPA has created a voluntary label for hazardous secondary materials sent for recycling.

40 CFR 261.4(a)(24)

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More to Consider (10)…• EPA has created a guide for generators of hazardous secondary materials to use when choosing a reclamation facility.

40 CFR 261.4(a)(24)

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More to Consider (11)…• Reclamation facility may mix hazardous secondary material subject to this exclusion w/ similar hazardous waste under the following conditions:• Must mix for purpose of reclamation.

• Not for disposal or fuel blending.• Manage per this exclusion prior to mixing.• Manage as hazardous waste after mixing.

• Does not impact compliance for generator.• More…

40 CFR 261.4(a)(24)

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More to Consider (12)…• Determine status of the 2015 Definition of Solid Waste Rule in your state.

• The Verified Recycler Exclusion may not be used for exports outside of the U.S.

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim:(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:…• (24) Hazardous secondary material that is generated and then

transferred to a verified reclamation facility for the purpose of reclamation is not a solid waste, provided that:

• (i) The material is not speculatively accumulated, as defined in §261.1(c)(8);

• (ii) The material is not handled by any person or facility other than the hazardous secondary material generator, the transporter, an intermediate facility or a reclaimer, and, while in transport, is not stored for more than 10 days at a transfer facility, as defined in §260.10 of this chapter, and is packaged according to applicable Department of Transportation regulations at 49 CFR parts 173, 178, and 179 while in transport;

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim (cont):• (iii) The material is not otherwise subject to material-specific management conditions under this paragraph (a) when reclaimed, and it is not a spent lead-acid battery (see §§266.80 and 273.2 of this chapter);

• (iv) The reclamation of the material is legitimate, as specified under §260.43 of this chapter;

• (v) The hazardous secondary material generator satisfies all of the following conditions:

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim (cont):• (A) The material must be contained as defined in

§260.10. A hazardous secondary material released to the environment is discarded and a solid waste unless it is immediately recovered for the purpose of recycling. Hazardous secondary material managed in a unit with leaks or other continuing releases is discarded and a solid waste.

• (B) The hazardous secondary material generator must arrange for transport of hazardous secondary materials to a verified reclamation facility (or facilities) in the United States. A verified reclamation facility is a facility that has been granted a variance under §260.31(d), or

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim (cont):a reclamation facility where the management of the hazardous secondary materials is addressed under a RCRA Part B permit or interim status standards. If the hazardous secondary material will be passing through an intermediate facility, the intermediate facility must have been granted a variance under §260.31(d) or the management of the hazardous secondary materials at that facility must be addressed under a RCRA Part B permit or interim status standards, and the hazardous secondary material generator must make contractual arrangements with the intermediate facility to ensure that the hazardous secondary material is sent to the reclamation facility identified by the hazardous secondary material generator.

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim (cont):• (C) The hazardous secondary material generator must

maintain at the generating facility for no less than three (3) years records of all off-site shipments of hazardous secondary materials. For each shipment, these records must, at a minimum, contain the following information:

• (1) Name of the transporter and date of the shipment;• (2) Name and address of each reclaimer and, if

applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent;

• (3) The type and quantity of hazardous secondary material in the shipment.

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim (cont):(D) The hazardous secondary material generator must maintain at the generating facility for no less than three (3) years confirmations of receipt from each reclaimer and, if applicable, each intermediate facility for all off-site shipments of hazardous secondary materials. Confirmations of receipt must include the name and address of the reclaimer (or intermediate facility), the type and quantity of the hazardous secondary materials received and the date which the hazardous secondary materials were received. This requirement may be satisfied by routine business records (e.g.,financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt);

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim (cont):• (E) The hazardous secondary material generator must comply

with the emergency preparedness and response conditions in subpart M of this part.

• (vi) Reclaimers of hazardous secondary material excluded from regulation under this exclusion and intermediate facilities as defined in §260.10 of this chapter satisfy all of the following conditions:

• (A) The reclaimer and intermediate facility must maintain at its facility for no less than three (3) years records of all shipments of hazardous secondary material that were received at the facility and, if applicable, for all shipments of hazardous secondary materials that were received and subsequently sent off-site from the facility for further reclamation. For each shipment, these records must at a minimum contain the following information:

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim (cont):• (1) Name of the transporter and date of the shipment;

• (2) Name and address of the hazardous secondary material generator and, if applicable, the name and address of the reclaimer or intermediate facility which the hazardous secondary materials were received from;

• (3) The type and quantity of hazardous secondary material in the shipment; and

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim (cont):• (4) For hazardous secondary materials that, after being received by the reclaimer or intermediate facility, were subsequently transferred off-site for further reclamation, the name and address of the (subsequent) reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.

• (B) The intermediate facility must send the hazardous secondary material to the reclaimer(s) designated by the hazardous secondary materials generator.

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim (cont):• (C) The reclaimer and intermediate facility must send

to the hazardous secondary material generator confirmations of receipt for all off-site shipments of hazardous secondary materials. Confirmations of receipt must include the name and address of the reclaimer (or intermediate facility), the type and quantity of the hazardous secondary materials received and the date which the hazardous secondary materials were received. This requirement may be satisfied by routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt).

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim (cont):• (D) The reclaimer and intermediate facility must manage the hazardous secondary material in a manner that is at least as protective as that employed for analogous raw material and must be contained. An “analogous raw material” is a raw material for which a hazardous secondary material is a substitute and serves the same function and has similar physical and chemical properties as the hazardous secondary material.

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim (cont):• (E) Any residuals that are generated from reclamation processes will be managed in a manner that is protective of human health and the environment. If any residuals exhibit a hazardous characteristic according to subpart C of 40 CFR part 261, or if they themselves are specifically listed in subpart D of 40 CFR part 261, such residuals are hazardous wastes and must be managed in accordance with the applicable requirements of 40 CFR parts 260 through 272.

40 CFR 261.4(a)(24)

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40 CFR 261.4(a)(24) Verbatim (cont):(F) The reclaimer and intermediate facility have financial assurance as required under subpart H of 40 CFR part 261,(G) The reclaimer and intermediate facility have been granted a variance under §260.31(d) or have a RCRA Part B permit or interim status standards that address the management of the hazardous secondary materials; and(vii) All persons claiming the exclusion under this paragraph (a)(24) of this section provide notification as required under §260.42 of this chapter.

40 CFR 261.4(a)(24)

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Got Questions About RCRA or HazMat Transportation?

I provide both:RCRA Training for Hazardous Waste PersonnelAnd…HazMat Employee Training

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Daniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com

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40 CFR 261.4(a)(24)