Revised Definition of Solid Waste Rule

Jesse BoultinghouseWaste Permits Division

May 6, 2015

TCEQ Environmental Trade Fair

Reason for the Revised Rule

1987 decision by Federal Appeals Court regarding the definition of the term “discarded”

Series of previous revisions to “definition of solid waste” 2003, 2007, 2008, and 2011

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Revised RuleCurrent rule published in the Federal Register on January 13, 2015

Effective at the federal level on July 13, 2015

State adoption process anticipated to began sometime this summer

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Changes to the Current Definition of Solid Waste

Adds 6 new definitions; Adds 3 new exclusions; Better defines “accumulated

speculatively (a.k.a., speculative accumulation)”;

Strengthens the criteria for evaluating requests for solid waste variances

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Impact on Existing Exclusions and Non-hazardous Industrial

Wastes Existing exclusions will remain as they are (i.e., no change);

Impact on the recycling of non-hazardous industrial wastes expected to be minimal

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New Definitions

Hazardous secondary material (HSM)

Non-waste determination Legitimate recycling Remanufacturing Contained

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“Hazardous Secondary Material (HSM)”

Under the new rule, HSM’s are:Listed “by-products”;Listed “sludges”, and All “spent materials”

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Significance

Currently, listed by-products, listed sludges, and all “spent materials” are a solid waste when reclaimed.

Under the new rule, and under certain conditions, that will no longer be the case.

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“Non-waste Determination”

Similar to a solid waste variance;

Requested by the facility at which a HSM is being recycled; and

Is one of 3 ways that a facility can be a “verified recycler”.

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“Legitimate Recycling”Formally adopts 4 factors to consider in determining whether a process is legitimate recycling

The factors are:

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Legitimacy Factors

1. HSM must provide a useful contribution to the recycling process or to a product or intermediate that results from the recycling process;

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Legitimacy Factors

2. The recycling process must produce a valuable product or intermediate;

3. The HSM must be managed as a valuable commodity; and

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Legitimacy Factors

4. The product of the recycling process must be comparable to a legitimate product or intermediate.

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“Remanufacturing”

The reclamation or regeneration of 18 specified “higher-value solvents” (see your handout for the names of the solvents)

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“Contained”Criteria for being contained

1.Units must be in good condition;

2.Contents of units must be readily identifiable; and

3.Contents of units must not be incompatible.

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Speculative Accumulation

Definition of “accumulated speculatively” expanded to include specific labeling and recordkeeping requirements (e.g., labeling of containers, maintaining log books, etc.)

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Impact on Solid Waste Variances

Variances granted under 30 TAC Section §335.18(a)(3) most impacted:

“HSM that have been partially reclaimed but that must be further reclaimed before recovery is complete”

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Changes to Solid Waste Variances

Re-notification every other even numbered year;

10 years max on variances;

Notification of changes required;

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Changes to Solid Waste Variances

Defines the point at which variance begins; and

Strengthens the criteria used to evaluate variance requests

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The New Exclusions

§261.4(a)(23) – “Generator controlled exclusion”;

§261.4(a)(24)) – “Verified Recycler Exclusion”; and

§261.4(a)(27) – “Remanufactured Solvents Exclusion”

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Section 261.4(a)(23), “Generator Controlled Exclusion”

Generator reclaims a HSM at a facility over which the generator has direct control and that is located in the U.S.

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“Generator Controlled Exclusion”

1.Reclamation of HSM must occur at the generator’s site or at a site under the generator’s control;

2.HSM must not be a lead acid battery or subject to any other exclusion in 40 CFR §261.4(a);

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“Generator Controlled Exclusion”

3.Generator must notify of the recycling process;

4.Generator must document that the recycling process is legitimate;

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“Generator Controlled Exclusion”

5.HSM must not be accumulated speculatively;

6.HSM must be “contained”; and

7.Must comply with emergency preparedness requirements of 40 CFR Part 261 Subpart M.

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Section 261.4(a)(24), “Verified Recycler Exclusion”

Generator of a HSM sends the HSM to be reclaimed at a facility outside of its direct control.

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“Verified Recycler Exclusion”

1. HSM must be recycled at a facility that has either:

(A) A RCRA Part B permit;

(B) A solid waste variance; or

(C) Have received a “non-waste determination”;

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“Verified Recycler Exclusion”

2. HSM cannot be a lead acid battery or be subject to another specific exclusion in 40 CFR §261.4(a);

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“Verified Recycler Exclusion”

3.Generator must notify of the recycling activity;

4.Generator must demonstrate that the recycling is legitimate;

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Section 261.4(a)(24)

5.HSM must be contained;

6.HSM must not be accumulated speculatively;

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Section 261.4(a)(24)

7.Generator must maintain proper shipping records; and

8.Recycler must comply with the financial assurance requirements of 40 CFR §261, Subpart H

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Section 261.4(a)(27), “Remanufacturing

Exclusion”

Reclamation of specified “higher value solvents”

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“Remanufacturing Exclusion”

1.Solvent must be 1 of the 18 specified “higher value” solvents

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2.Solvents must be from one of the following:Pharmaceutical industryBasic organic chemical industryPlastics and resins industry; orPaint and coatings industry;

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“Remanufacturing Exclusion”

Section 261.4(a)(27)

3.Solvents must go to a remanufacturer associated with 1 of those same 4 industries; and

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Section 261.4(a)(27)

4. Once remanufactured, use of the solvents is limited to:

Reacting/extracting/purifying, Chemical blending, or The rinsing out of process

lines;

In the same 4 industries.

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Questions

Jesse Boultinghouse

Industrial & Hazardous Waste Section

Waste Permits Division

(512) 239-6865Jesse.Boultinghouse@tceq.texas.gov

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