TCEQ Environmental Trade Fair New TCEQ Rules: E-manifest, Steel Slag, Cathode Ray Tube & Revised Definition of Solid Waste Cynthia Palomares, P.G., P.E. Jean Shaw, P.E. Waste Permits Division May 3, 2016

Topics to be covered Resource Conservation and Recovery Act (RCRA) Authorization Rules: E-Manifest rule Cathode Ray Tube (CRT) Rule Steel Stag Rule Definition of Solid Waste (DSW) Rule 2

RCRA Authorization Resource Conservation and Recovery Act of 1976 State authorization – December 1984 Must be as stringent as EPA 3

RCRA Authorization EPA amends RCRA regularly “Authorized” states must adopt mandatory amendments have the choice to adopt optional amendments Texas has amended hazardous waste rules 13 times 4

RCRA Authorization Texas chose to adopt latest RCRA amendments (July 2013 – January 2015) 5

Rules E-manifest Cathode Ray Tube (CRT) Steel Stag Definition of Solid Waste (DSW) 6

E-manifest Rule Authorizes the use of electronic manifests Available when EPA establishes a new electronic hazardous waste manifest system 7

E-manifest Rule Option to complete, sign, transmit, and store manifest information electronically Extends to all federally and state- regulated wastes requiring manifests 8

E-manifest Rule Is optional Operated by the EPA EPA is authorized to collect reasonable user fees 9

E-manifest Rule Schedule Effective Date– June 16, 2016 Spring-Summer 2016 – Fee schedule Spring 2018 – System online 10

E-manifest Rule Adopted at 30 TAC Sections

Cathode Ray Tube Rule Revises export provisions of the 2006 CRT rule Better tracking of CRTs exported for reuse and recycling Federal program 12

Cathode Ray Tube Rule 13

Cathode Ray Tube Rule Television Sets Computer Monitors 14

Cathode Ray Tube Rule CRT - glass video display component of an electronic device Contains lead and must be recycled under safe conditions Hasn't always occurred in developing countries 15

Cathode Ray Tube Rule Adds a definition of “CRT exporter” Requires information on all interim and final destinations for CRTs exported for recycling Requires annual reports 16

Cathode Ray Tube Rule Replaces the one-time notice for used CRTs exported for reuse with an expanded, periodic notice Requires that normal business records be translated into English upon request. 17

Cathode Ray Tube Rule 30 TAC Section – Definitions CRT exporter Solid Waste 18

Steel Slag Rule House Bill 2598 Exempt from regulation as a solid waste 19

Steel Slag Rule Exempt from regulation as a solid waste if: not discarded introduced into the stream of commerce managed as an item of commercial value 20

Steel Slag Rule 30 TAC Section Definitions – Solid Waste 21

EPA Definition of Solid Waste (DSW) Rule Revision On January 13, 2015, EPA published a final rule on DSW which  Revises several recycling-related provisions related to the DSW  Encourages hazardous secondary materials recycling  Requires legitimate recycling  Ensures no increased risk to human health and the environment 22

TCEQ DSW Rule Revision On December 9, 2015  TCEQ proposed to adopt ALL federal requirements related to the definition of solid waste rule  TCEQ did not propose any more stringent requirements 23

DSW Rule Revision  Generator-controlled exclusion  Verified recycler exclusion  Remanufacturing exclusion  Legitimate recycling  Non-waste determination and variance 24

Hazardous Secondary Material (HSM) A secondary material, (e.g. spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste as defined in 40 CFR (40 CFR ) 25

DSW Rule New Exclusions  Generator controlled exclusion 40 CFR 261.4(a)(23)  Verified recycler exclusion 40 CFR 261.4(a)(24)  Remanufacturing exclusion 40 CFR 261.4(a)(27) 26

New Solid Waste Exclusion Exceptions New exclusions do not apply to  HSMs covered under 22 other existing exclusions  Spent lead-acid batteries  HSMs being speculative accumulated 27

What is Generator-controlled? HSMs are considered “under the control of the generator” if they are generated and then reclaimed  On-site  Within the same company  Under certain tolling agreements 28

Generator-controlled Exclusion Conditions 1.Generator must notify TCEQ 2.HSMs must be “contained” 3.Generator must document legitimacy of recycling 29

Generator-controlled Exclusion Conditions 4.Generator must keep certain records 5.Generator must prove HSM is not “speculatively accumulated” 6.Generator must meet emergency preparedness and response requirements 30

Who Is Verified Recycler? A facility reclaims hazardous secondary material that is not under the control of the generator and has  RCRA Part B Permit  Variance 31

Verified Recycler Exclusion Conditions 1.Notification 2.HSMs must be contained 3.Legitimacy of the reclamation process 4.Recordkeeping 32

Verified Recycler Exclusion Conditions 5.No speculative accumulation 6.Emergency preparedness and Response 7.Proper management of recycling residuals 8.Financial assurance 33

Remanufacturing Exclusion  Exclusion applies to the recycling of 18 higher-value hazardous spent solvents  Remanufactured solvents must be used in four specific processes  Spent solvents must be originated from and be manufactured by four specific manufacturing sectors 34

Remanufacturing Exclusion 18 Covered Solvents 1.Toluene 2.Xylenes 3.Ethylbenzene 4.1,2,4-trimethylbenzene 5.Chlorobenzene 6.n-hexane 7.Cyclohexane 8.Methyl tert-butyl ether 9.Acetonitrile 10.Chloroform 11.Chloromethane 12.Dichloromethane 13.Methyl isobutyl ketone 14.NN-dimethylformamide 15.Tetrahydrofuran 16.n-butyl alcohol 17.Ethanol 18.Methanol 35

Remanufacturing Exclusion Covered Chemical Functions Solvents must be commercial grade and used for:  Reacting  Extracting  Blending  Purifying chemicals 36

Remanufacturing Exclusion Covered Industry Sectors Four manufacturing sectors are eligible  Pharmaceutical  Organic chemical  Plastics and resins  Paint and coatings 37

Remanufacturing Exclusion Conditions 1.Notification 2.Remanufacturing Plan 3.Recordkeeping 4.Spent solvents must be managed in RCRA equivalent tanks and containers 5.No speculative accumulation 38

Prohibition of Sham Recycling Must meet ALL FOUR legitimacy factors (40 CFR ) 1.Hazardous secondary material must provide a useful contribution 2.Recycling must produce a valuable product or intermediate 3.Hazardous secondary material must be managed as valuable commodities 4.The product of recycling must be comparable to a legitimate product 39

Non-waste Determination Non-waste determination may be granted if the HSMs are (40 CFR )  Reclaimed in a continuous industrial process  Indistinguishable in all relevant aspects from a product or intermediate 40

Variance Requirements Criteria to become a verified recycler under a variance (40 CFR (d)) 1.Legitimate recycling 2.Financial assurance 3.No compliance issue 4.Proper equipment, trained personnel, and emergency preparedness and response 5.Proper management of reclamation residuals 6.No increased risk to nearby community 41

Highlights of Non-Waste Determination and Variance Revision  Fixed term not to exceed 10 years  Notification or re-application in case of changes  Re-notification and update every two years  Strengthened criteria for partial reclamation variance  Demonstration of no existing exclusion applies when petitioning for non-waste determination 42

TCEQ DSW Proposed Rule Revision  30 TAC (definitions)  30 TAC (special definitions)  30 TAC (non-waste determination and variances)  30 TAC (variance standards and criteria)  30 TAC (variance and non-waste determination procedures)  30 TAC (notification requirements)  30 TAC (legitimacy requirements)  30 TAC (non-waste determination standards and criteria)  30 TAC 335, Subchapter V (reclamation standards) 43

DSW Rule Revision Summary Three new exclusions New requirements for legitimate recycling New requirements for non-waste determinations and variances 44

New Rules Timeline Proposal - December 9, 2015 Comment Period – December 25, 2015 – January 29, Adoption – May 25, 2016 Effective Date – June 16,

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How to Contact Us Texas Commission on Environmental Quality Industrial & Hazardous Waste Permits Section, P. O. Box MC-130 Austin, TX Phone: Fax:

How to Contact Us Cynthia Palomares, P.G., P.E. 512/ Jean Shaw, P.E. 512/