Wisconsin DNR Waste and Air Management Regulatory Perspective Non-Refillable Gas Cylinder Recycling Stakeholder Symposium October 2009 David Panofsky, P.E., WI DNR

Overview Solid Waste Management Requirements Hazardous Waste/Materials Management Requirements Air Management Requirements Conclusions

Solid Waste Management Requirements Recycler/processor: Solid waste processing facility licensing and other requirements do not apply. –Does not meet definition of “processing facility” in s. NR (181), Wis. Adm. Code because term does not include scrap metal processors excluded from the statutory definition of “solid waste facility.” –“Solid waste facility” in s (35), Wis. Stats., does not include a facility for the processing of scrap iron, steel or nonferrous metal using large machines to produce a principal product of scrap metal for sale or use for remelting purposes. –“Solid waste facility” in s (35), Wis. Stats., does not include a facility for the processing of scrap iron, steel or nonferrous metal using large machines to produce a principal product of scrap metal for sale or use for remelting purposes. Transporter: Solid waste collection and transportation service licensing and most other requirements do not apply. –Services which collect and transport only salvageable material (which include scrap metal) defined in s. NR (203), Wis. Adm. Code are conditionally exempt under s. NR (2)(a), Wis. Adm. Code. –Exemption is conditioned on compliance with s. NR , Wis. Adm. Code. These requirements include general location and performance standards.

Hazardous Waste/Materials Management Requirements Hazardous waste recycling facility and transporter licensing and other requirements do not apply. –Waste propane cylinders that are destined for scrap metal recycling are excluded from HW regulation under s. NR (1)(c)2, Wis. Adm. Code. Transportation of used cylinders may be subject to U.S. Department of Transportation Hazardous Materials Regulations (HMR; 49 CFR Parts ).

Air Management Requirements Propane is a VOC (volatile organic compounds, a criteria pollutant), and depending on the total facility emissions, an air quality construction permit may be required. Permitting thresholds are contained in Ch. NR 406, Wis. Adm. Code and include a threshold of 5.7 pounds per hour VOC (maximum theoretical emissions - MTE). If these rates are exceeded, a facility would need to apply for an air construction permit. There is also a permit exemption based on total actual facility emissions less than 10 tons/yr. Anyone intending to process intact propane cylinders to prepare them for scrap metal processing (e.g., valve removal, puncturing, drilling or crushing) should verify permitting requirements with the appropriate DNR regional air management office.

Conclusions Scrap metal transporters and processors are exempt from most solid and hazardous waste management requirements in Wisconsin Scrap metal transportation may be subject to U.S. DOT Hazardous Materials Regulations Wisconsin air management permitting requirements may apply, depending on pollutant emissions Wisconsin has minimal solid and hazardous waste and air management requirements for a well- designed propane cylinder recycling system