HAZARDOUS WASTE RECYCLING TRAINING CUPA Conference Anaheim Charles Corcoran DTSC Sacramento

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 isn’t 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 that’s happening in Ca. today.

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 don’t regulate) as hazardous waste. (I.e., Its about our jurisdiction.) And, to some extent, its about how we regulate those materials.

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

What is recycling? What do we mean when we say I’m 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)

All of those may be recycling But, what if… “the bin” is the trash can? You take the oil somewhere and dump it? You can’t retread the tire, the sidewall’s cut? You don’t 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?)

Recycling Training Two key questions you must ask? Question 1. What is it? (materially, physically, chemically, etc.) Question 2. What’s going to happen to it? Is it being used, stockpiled, disposed, stored, processed, blended, burned, etc., etc, etc.

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.

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.”

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.

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 What’s going to happen to it? *or “solid waste”

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.

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 261.31 Or 261.32)........................ (*) (*) (*) (*) By‑products exhibiting a characteristic of hazardous 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.

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 DTSC’s 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.)

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)

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.

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 66261.31 Or 66261.32)..................... (*) (*) (*) (*) By‑products exhibiting a characteristic of hazardous waste.......... (*) (*) (**)‑ (*) Commercial chemical products listed in 66261.33............. (*) (*) (**) (**)

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 DTSC’s 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 DTSC’s jurisdiction.)

Summing up reclamation Reclamation is a type of recycling that DTSC regulates. Reclamation is one of DTSC’s “hooks” that identifies materials as wastes (brings them into DTSC’s 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.

Direct recycling What about recycling that does not involve reclamation? For materials that are recycled, without reclamation occurring, three other “hooks” effect DTSC’s jurisdiction. They are: Use Constituting Disposal, Burning for Energy Recovery, and Speculative Accumulation.

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 DTSC’s jurisdiction). If the direct recycling involves “speculative accumulation,” only commercial chemical products are possibly not wastes.

“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.

“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.

“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.

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.

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.

Let’s 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.

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, there’s nothing, you get shunted to the statute. HSC 25143.2 is the states primary hazardous waste recycling law (statute).

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)

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.

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

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.”

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.

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? – We’ll get back to this later.]

HSC 25143.2 subsection (d) This subsection is California’s 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).

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.

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.

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)

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!

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!

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)

HSC 25143.2 subsection (e) (e) “red flags” and other conditions (e)(1) through (e)(4) are the same red flags (we’ve 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

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)

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.

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.

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

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 ...

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)

Review HSC 25143.2, .9, and .10 HSC 25143.2 is the State’s 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#

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

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

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

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)?

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.

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. Copy for you. Effective, TAR, UCD, etc.

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

Question Charles Corcoran Waste Identification and Recycling Section Headquarters – Sacramento, Ca. (1001 I Street, Sacramento, Ca, 95812) Phone: (916) 327-4499 E-mail: ccorcora@dtsc.ca.gov