HAZARDOUS WASTE RECYCLING TRAINING

1
HAZARDOUS WASTE RECYCLING TRAINING

• CUPA Conference
• Anaheim

• Charles Corcoran
• DTSC
• Sacramento

2
What are we going to do for the next few hours?

• Talk and learn about hazardous waste recycling.
• But, what does that mean?
• Well, this training isnt about how you might
  recycle a particular hazardous waste.
• And, its not really about why you might recycle a
  hazardous waste.
• And, its not about hazardous waste recycling
  thats happening in Ca. today.

3
So, What is it all about?

• Recycling training is about the basics
• Its about
• The definition of solid waste (or waste)
• or, in other words, Is something a waste?
• Its about what we regulate (and what we dont
  regulate) as hazardous waste. (I.e., Its about
  our jurisdiction.)
• And, to some extent, its about how we regulate
  those materials.

4
Its about laws and regulations!

• Title 22
• Chapter 10 (66260.200)
• Chapter 11 (66261.2 66261.9)
• Chapters 16, 23, and 29
• HSC Section 25143.2,
• Sections 25117.9, 25120.2,
  25120.5,
  25120.55, 25121, 25121.1, 25121.5, 25124,
  25143.3, 25143.4, 25143.9, 25143.10, 25143.11,
  25144, 25144.6, others
• Bold text Key Statutes and Regulations

5
What is recycling?

• What do we mean when we say Im going to recycle
  it?
• Putting paper, or a bottle or can, in the bin?
• Taking your used motor oil somewhere?
• Re-treading old tires?
• Distilling a solvent for reuse?
• Recovering gold form a CPU chip, or silver from a
  spent photographic fixer solution?
• (It depends on what it is)

6
All of those may be recycling

• But, what if
• the bin is the trash can?
• You take the oil somewhere and dump it?
• You cant retread the tire, the sidewalls cut?
• You dont ever use the solvent you recover?
• You never get around to the processing the CPU
  chip or the fixer solution?
• (It depends on what happens to it?)

7
Recycling Training Two key questions you must
ask?

• Question 1. What is it? (materially, physically,
  chemically, etc.)
• Question 2. Whats going to happen to it?
• Is it being used, stockpiled, disposed,
  stored, processed, blended, burned, etc., etc,
  etc.

8
The hazardous waste law defines recycling
differently than you and I do.

• Recycling a material means using or reusing
  it, or reclaiming it.
• The HW law spells out two broad, and mutually
  exclusive, types (or kinds) of recycling.
• Lesson Point 1 - You must be able to distinguish
  the two types of recycling. You do this by asking
  the two key questions.

9
Direct Recycling vs. Processing

• Example Empty plastic water bottle
• Bottle just sitting in the bin
• - If I refill it and use it to hold H2O, I am
  using or reusing the container. This is direct
  recycling.
• - However, if the container is melted down to
  recover the plastic or reform it into a new
  plastic item, it is being processed. This
  processing is reclamation - it is not use or
  reuse.
• - Both of the above are recycling.

10
Reclamation Processing

• Reclaimed means
• that a material is processed to recover a useable
  product, or
• is regenerated.
• Examples distilling solvents to regenerate them,
  fortifying acid baths, smelting metals, breaking
  lead-acid batteries to separate the lead plates.
  

11
Definition of waste

• DTSC regulates hazardous wastes
• To be a hazardous waste, a material must be
  both 1) a waste and 2) hazardous.
• A material that is recycled by being reclaimed is
  discarded
• Therefore, when recycling is involved, to
  determine if something is a waste (and a
  hazardous waste), you must answer the 2 key
  questions What is it? and Whats going to
  happen to it?
• or solid waste

12
Federal Definition of Solid Waste

• Definition of Solid Waste 40 CFR 261.2
• A solid waste is any discarded material not
  excluded by 40 CFR 261.4(a). A discarded
  material is any material which is
• abandoned by being disposed of, burned or
  incinerated, or accumulated, stored, or treated
  before or in lieu of being disposed of, burned,
  or incinerated
• recycled, or accumulated, stored or treated
  before being recycled, by being used in a manner
  constituting disposal , burned for energy
  recovery, reclaimed, or accumulated
  speculatively
• considered inherently waste-like, as specified in
  40 CFR 261.2(d)
• a military munition.

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Federal Definition of Solid Waste

• Activity Use
  constituting Energy Reclamation
  Speculative Secondary Materials
  disposal recovery/fuel
  Accumulation
  Spent
  Materials.............
  () () ()
  ()Sludges (listed in 40 CFR
  261.31 or 261.32. () ()
  () ()Sludges
  exhibiting a characteristic of
  hazardous waste.........
  () ()
  -- ()By-products (listed in
  40 CFR 261.31Or 261.32)........................
  ()
  () ()
  ()By-products exhibiting a characteristic
  ofhazardous waste..........
  () ()
  -- ()Commercial chemical
  products listed in 40 CFR 261.33.............
  ()
  () --
  --Scrap metal other than excluded scrap
  metal (see 261.1(c)(9))...........
  () ()
  () ()Note The terms
  spent materials,'' sludges,''
  by-products,'' and scrap metal'' and
  processed scrap metal'' are defined in 40 CFR
  261.1.

14
Federal Definition of Solid Waste

• What does 40 CFR 261.2 Table one say?
• Spent materials, listed sludges, listed
  by-products, and scrap metal are solid wastes
  when reclaimed. (They are within the jurisdiction
  of DTSCs RCRA program.)
• Characteristically hazardous sludges, by-products
  and commercial chemical products that are
  reclaimed may not be solid wastes. (They may not
  be within RCRA jurisdiction.)

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State Definition of Waste

• Waste means any discarded material of any form
  (for example, liquid, semi-solid, solid or
  gaseous) that is not excluded by section
  66261.4(a) or section 66261.4(e) or that is not
  excluded by Health and Safety Code section
  25143.2(b) or Health and Safety Code section
  25143.2(d).
• (b) A discarded material is any material which is
  any of the following
• (1) relinquished as explained in subsection (c)
  of this section or
• (2) recycled, as explained in subsection (d) of
  this section or
• (c) A material is a waste if it is relinquished
  by being disposed of burned or incinerated
  accumulated, stored or treated, but not recycled,
  before or in lieu of, being relinquished by being
  disposed of, burned or incinerated.
• (d) A material is a waste if it is recycled, or
  accumulated, stored or treated before recycling,
  by being . (next slide)

16
State Definition of Waste

• (d) A material is a waste if it is recycled, or
  accumulated, stored or treated before recycling,
  by being managed
• (1) through being used in a manner constituting
  disposal
• (2) through being burned for energy recovery
• (3) through being reclaimed. Materials noted
  with an or in column 3 of Table 1 are
  wastes when reclaimed
• (4) through being accumulated speculatively
  materials noted with an or in column 4
  of Table 1 are wastes when accumulated
  speculatively.

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State Definition of Waste

• Activity Use
  constituting Energy Reclamation
  Speculative Secondary Materials
  disposal recovery/fuel
  Accumulation
  Spent
  Materials.............
  () () ()
  ()
• Sludges (listed in 66261.31 or 66261.32.
  () () ()
  ()
• Sludges exhibiting a characteristic of
  hazardous waste.........
  () ()
  ( ) ()
• By-products (listed in 66261.31Or
  66261.32).....................
  () ()
  () ()
• By-products exhibiting a characteristic
  ofhazardous waste..........
  () ()
  ()- ()
• Commercial chemical products listed in
  66261.33.............
  () ()
  () ()

18
State Definition of Waste

• What does 22 CCR 66261.2 Table one say?
• Spent materials, listed sludges, listed
  by-products, are wastes when reclaimed. (They are
  within the jurisdiction of DTSCs hazardous waste
  program.)
• Characteristically hazardous sludges, by-products
  and commercial chemical products that are
  reclaimed may not be wastes if they are
  retrograde materials. (They may not be within
  DTSCs jurisdiction.)

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Summing up reclamation

• Reclamation is a type of recycling that DTSC
  regulates.
• Reclamation is one of DTSCs hooks that
  identifies materials as wastes (brings them into
  DTSCs jurisdiction.)
• Some materials, when reclaimed, are wastes,
  others are not. You need to check table 1 of
  66261.2 40 CFR 261.2
• If a material is not retrograde material and is
  being reclaimed, it is likely a waste and a
  hazardous waste.

20
Direct recycling

• What about recycling that does not involve
  reclamation?
• For materials that are recycled, without
  reclamation occurring, three other hooks effect
  DTSCs jurisdiction.
• They are Use Constituting Disposal,
• Burning for Energy Recovery, and
• Speculative Accumulation.

21
Direct recycling

• These three hooks are stronger than the
  reclamation hook.
• By stronger hooks, I mean, your job is easier.
• If the direct recycling (use or reuse) involves
  use constituting disposal or burning for
  energy recovery, the material is a waste (it
  falls within DTSCs jurisdiction).
• If the direct recycling involves speculative
  accumulation, only commercial chemical products
  are possibly not wastes.

22
Use Constituting Disposal

• Recycling is (or involves) use constituting
  disposal if the secondary material is
• Directly applied to (or placed on) the ground
  (the land), or (is)
• Indirectly applied to the ground. (I.e. it is
  used to produce products that are placed on the
  ground, or is contained in products that are
  applied to the ground.
• Note possible exemption/exclusion for retrograde
  materials and for non-RCRA hazardous wastes.

23
Burning for Energy Recovery

• Recycling is (or involves) burning for energy
  recovery if the secondary material is
• Burned as a fuel, or (is)
• Used to produce a fuel (or contained in a fuel).
• Note possible exemption for retrograde
  materials.

24
Speculative Accumulation

• A material is accumulated speculatively if it
  is accumulated (or stored) prior to being
  recycled and 75 percent of the material has not
  been recycled at the end of the year.
• This provision serves to prevent indefinite
  stockpiling of secondary materials.
• Note possible exemption for retrograde
  materials.

25
Retrograde Material

• "Retrograde material" means any hazardous
  material which is not to be used, sold, or
  distributed for use in an originally intended or
  prescribed manner or for an originally intended
  or prescribed purpose and which meets any one or
  more of the following criteria
• 1) Has undergone chemical, biochemical, physical,
  or other changes due to the passage of time or
  the environmental conditions under which it was
  stored.
• (2) Has exceeded a specified or recommended shelf
  life.
• (3) Is banned by law, regulation, ordinance, or
  decree.
• (4) Cannot be used for reasons of economics,
  health or safety, or environmental hazard.

26
Retrograde Material

• does not include
• "Discarded commercial chemical products,
  off-specification species, container residues,
  and spill residues thereof", if
• The material is used in a manner constituting
  disposal and the material is not normally used in
  a manner constituting disposal, or
• The material is burned for energy recovery and
  the material is not normally burned for energy
  recovery.

27
Lets Review

• Four types of recycling can pull materials into
  our jurisdiction. (make them wastes.)
• Reclamation
• Burning for Energy Recovery
• Use Constituting Disposal
• Speculative Accumulation.
• Lesson Point 2 These four kinds of recycling
  serve as red flags. If one of these is
  occurring (or even possibly occurring), a bell
  should go off in your head.

28
Moving from Reg. to Statute

• (not like the fed. HW regulations)
• Look again at the title 22 definition of waste.
• Magenta text
• The state and federal HW systems diverge here.
  In the federal regulations, its all in 40 CFR
  261.2. In the state regulations, theres nothing,
  you get shunted to the statute.
• HSC 25143.2 is the states primary hazardous
  waste recycling law (statute).

29
State Definition of Waste

• Waste means any discarded material of any form
  (for example, liquid, semi-solid, solid or
  gaseous) that is not excluded by section
  66261.4(a) or section 66261.4(e) or that is not
  excluded by Health and Safety Code section
  25143.2(b) or Health and Safety Code section
  25143.2(d).
• (b) A discarded material is any material which is
  any of the following
• (1) relinquished as explained in subsection (c)
  of this section or
• (2) recycled, as explained in subsection (d) of
  this section or
• (c) A material is a waste if it is relinquished
  by being disposed of burned or incinerated
  accumulated, stored or treated, but not recycled,
  before or in lieu of, being relinquished by being
  disposed of, burned or incinerated.
• (d) A material is a waste if it is recycled, or
  accumulated, stored or treated before recycling,
  by being . (next slide)

30
HSC 25143.2

• 25143.2. (a) Recyclable materials are subject to
  this chapter and the regulations adopted by the
  department to implement this chapter that apply
  to hazardous wastes, unless the department issues
  a variance pursuant to Section 25143, or except
  as provided otherwise in subdivision (b), (c), or
  (d) or in the regulations adopted by the
  department pursuant to Sections 25150 and 25151.
• This section regulates HW recycling in Ca.
  This is a big difference, compared to RCRA.

31
HSC 25143.2

• What are recyclable materials?
• Recyclable Materials are hazardous wastes that
  can be recycled. This includes all RCRA and
  non-RCRA hazardous wastes.
• What are (b), (c) and (d)?
• HSC 25143.2 has three subsections that serve to
  exempt/exclude different kinds of
  materials/recycling

32
HSC 25143.2 subsection (b)

• This section is a direct copy of the federal
  direct use or reuse exclusions (40 CFR
  261.2(e)(i), 261.2(e)(ii), and 261.2(e)(iii).
• This subsection (these three exclusions) may be
  applied to any (to all) recyclable material,
  whether its RCRA or nonRCRA HW.
• This section must be applied with RCRA
  equivalency in mind.
• from the definition of waste.

33
HSC 25143.2 subsection (c)

• This section contains two exemptions from
  facility permitting requirements (not exclusions
  from the definition of waste as in (b) and (c).
• These two exemptions are based on, but not
  identical to their federal counterparts.
• (c)(1) applies to cokers at refineries
• (c)(2) applies to all recyclable materials that
  recycled and reused onsite, provided the
  generator standards are met.

34
HSC 25143.2 subsection (c) (cont.)

• As with subsection (b), the (c)(2) permit
  exemption must be applied with RCRA equivalency
  in mind.
• Note the (c) exemptions are not referenced in
  HSC 25143.9. Hence, the ERM labeling, business
  plans, and secondary containment standards do not
  apply to the (c)(2) exemptions. Confused?
  Well get back to this later.

35
HSC 25143.2 subsection (d)

• This subsection is Californias unique HW
  recycling law.
• This section contains seven exclusions from the
  definition of waste.
• This subsection is applicable to only non-RCRA
  hazardous wastes.
• Some of these are generic, others are very
  specific (e.g., apply to refineries).

36
HSC 25143.2 subsection (d)

• 25143.2(d)(1)
• An exclusion for onsite recycling.
• The non-RCRA recyclable material must be recycled
  and used onsite.
• Reclamation is allowed.
• Note better than (c)(2) for non-RCRA HW.

37
HSC 25143.2 subsection (d)

• 25143.2(d)(2)
• (d)(2)(A) The material is a product Processed
  from a hazardous waste ..
• What does processing mean? (hint slide 11)
• This is now (after RCRA authorization ) in
  66261.3(c)(1) parenthetical statement.

38
HSC 25143.2 subsection (d)

• 25143.2(d)(2)
• (d)(2)(B) and (d)(2)(C) and (d)(2)(D)
• Three exclusions related to petroleum wastes
  (refinery wastes and petroleum fuel distribution
  wastes).
• (B) Oily wastes fed to cokers
• (C) Oily wastes burned in a BIF
• (D) Off-spec fuels sent back to refineries
• See also HSC 25144 (more refinery exemptions)

39
HSC 25143.2 subsection (d)

• 25143.2(d)(3) and (d)(4)
• Transportation exclusions
• (d)(3) HW is transported between 2 locations
  operated by the person who generated it, and is
  recycled at the last 25143.2(d)(2) location.
  Conditions apply!
• (d)(4) HW is transported between 2 locations
  operated by the person who generated it, and is
  recycled at an authorized HW facility. Conditions
  apply!

40
HSC 25143.2 subsection (d)

• 25143.2(d)(5) and (d)(6) (direct recycling)
• Two non-RCRA use or reuse exclusions
• Generic any non-RCRA HW/material
• Allow some reclamation (free from RCRA)
• Filtering, sorting, sieving, grinding, screening,
  physical separation, pH adj., viscosity adj.,
• Thermal or chemical processing and any
  unspecified reclamation is not allowed!

41
HSC 25143.2 subsection (d)

• 25143.2(d)(7)
• Applies to chlorofluorocarbons and HCFCs
• Allows reclamation
• Must be reused in their normal manor
• See also 40 CFR 261.4(b)(12)

42
HSC 25143.2 subsection (e)

• (e) red flags and other conditions
• (e)(1) through (e)(4) are the same red flags
  (weve come full circle now).
• Use Constituting Disposal, Burning for Energy
  Recovery, and Speculative Accumulation.
• (e)(5) Dioxin wastes (and precursors)
• (e)(6) spent etchants, stripping, and plating
  solutions (see HSC 25120.55

43
HSC 25143.2 subsection (e)

• (e)(7) Used oil
• Supposed to limit it but provides exclusions
  instead.
• Limited to refineries and reuse onsite
• Has its own red flags (7)(B)

44
HSC 25143.2 subsection (f)

• Documentation and recordkeeping
• (f) (1) Any person who manages a recyclable
  material under a claim that the material
  qualifies for exclusion or exemption pursuant to
  this section shall provide, upon request, to the
  department, the California Environmental
  Protection Agency, or any local agency or
  official authorized to bring an action as
  provided in Section 25180, all of the following
  information (A) The name, street and mailing
  address, and telephone number of the owner or
  operator of any facility that manages the
  material. (B) Any other information related to
  the management by that person of the material
  requested by the department, the California
  Environmental Protection Agency, or the
  authorized local agency or official.

45
HSC 25143.2 subsection (f)

• (2) Any person claiming an exclusion or an
  exemption pursuant to this section shall maintain
  adequate records to demonstrate to the
  satisfaction of the requesting agency or official
  that there is a known market or disposition for
  the material, and that the requirements of any
  exemption or exclusion pursuant to this section
  are met.
• (3) For purposes of determining that the
  conditions for exclusion from classification as a
  waste pursuant to this section are met, any
  person, facility, site, or vehicle engaged in the
  management of a material under a claim that the
  material is excluded from classification as a
  waste pursuant to this section is subject to
  Section 25185.

46
HSC 25143.2 subsection (g)

• g) For purposes of Chapter 6.8 (commencing with
  Section 25300), recyclable materials excluded
  from classification as a waste pursuant to this
  section are not excluded from the definition of
  hazardous substances in subdivision (g) of
  Section 25316.
• Leads to HMBP and 25143.9

47
25143.9

• Places additional requirements on the exclusions
  in (b) and (d)
• Label as an ERM
• HMBPs
• Secondary containment
• Export requirements (HSC 25162.1)
• Not excluded unless ...

48
25143.10

• More recordkeeping
• Every two years report to CUPA
• If recycled more than 100 kg (200 lbs) per month.
• Offsite recycler must provide the generator a
  copy.
• 25143.2(f) ? 25185 ? 25143.10(c)
• 25143.10 does apply to 25143.2(c)

49
Review HSC 25143.2, .9, and .10

• HSC 25143.2 is the States Primary HSW recycling
  law
• (b) exclusions apply to both RCRA and non-RCRA
  recyclable materials (HWs)
• (c) provides permit exemptions only the stuff
  is still hazardous waste!)
• (d) applies only to non-RCRA HW/materials
• Records must be kept
• Lesson point 3

50
Other regulatory exclusions for recycling

• What if some HW is being reclaimed, but the
  agency does not want to regulate it?
• E.g., Scrap metal
• Create a regulatory exclusion.
• There are now many
• Examples 66261.4(a)(4) pulping liquors
• 66261.4(b)(3) used oil refining bottoms used to
  make asphalt
• 66261.6 scrap metal ? an exemption

51
Regulations Related to Recycling

• Standards for Recyclable Materials - Chapter 16
• Get there from 66261.6
• Not as robust as the federal program
• Materials that are UCD
• Lead-acid batteries
• BIFs
• Elemental mercury
• Oil filters
• Universal Waste 66273

52
Other Recycling Laws

• Spent Sulfuric Acid HSC 25143.3
• Pulping Liquors - HSC 25143.4
• Oil-Bearing Material - HSC 25144
• Rags Reused Soiled Textiles 25144.6
• Lead Acid Batteries Article 10.5
• Small Household Batteries Article 10.6
• Latex Paint Article 10.7
• Used Oil Article 13

53
For Example

• Brass dross skimmings (a by-product exhibiting
  the characteristic of toxicity) are recycled in a
  process which separates the oxides from the
  metals (i.e., they are reclaimed). The oxides
  are then used to make a fertilizer and the metals
  are sent to a smelter.
• What is the status of the oxides (are they a
  solid waste)?

54
ANSWER

• The dross would be regulated as a solid waste and
  a hazardous waste.
• If you take the -- for characteristic by-products
  being reclaimed as an automatic out, you would
  interpret the table as the dross is not a solid
  waste. However, that would be incorrect.
• The UCD of the oxides would override the -- for
  by-products being reclaimed.

55
Sham Recycling

• Sham Recycling / Beneficial Use see January 4,
  1985 Federal Register, Vol.. 50, No. 3, p. 638) 
• F006 Memo Sylvia Lawrence
• Past Interpretive Letters.

56
Sham Recycling

• Is the Recycling Legitimate?
• Is the claim to a recycling exclusion solely for
  the purpose of evading HW regulation.

57
Question

• Charles Corcoran
• Waste Identification and Recycling Section
• Headquarters Sacramento, Ca.
• (1001 I Street, Sacramento, Ca, 95812)
• Phone [phone]
• E-mail ccorcora_at_dtsc.ca.gov