Recycling Exclusions and Exemptions Part 2: Case Study

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Recycling Exclusions and ExemptionsPart 2 Case
Study

• Cindy Chain-Britton
• 11th CUPA Training Conference
• January 28, 2009

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General Process

• Is it a waste?
• Is it a hazardous waste?
• Is it excluded under 22 CCR 66261.4?
• Is it a recyclable material?
• Does it qualify for statutory exclusion or
  exemption under HSC 25143.2?
• Does it qualify for regulatory exclusion or
  exemption as recyclable material under 22 CCR
  66261.4/.6/.7/.9?
• What requirements does it have to meet?

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Basic Questions

• What is the secondary material?
• How is it being recycled?
• How is the recycled material/product being used?
• Look at the whole process!

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Case Study No.1 Plating Rinse Water

• Issue
• A plating company was issued A Notice to Comply
  for the violation. Its rinse water goes through
  Hydromatix System that treated rinse water, then
  recovered (reclaimed) water is recycled back to
  plating process. The violation was that the
  company did not perform tank assessment for
  Hydromatix tank system that is required for
  hazardous waste.

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Case Study No.1 Plating Rinse Water

• Background
• Hydromatix Corporation developed its Ion
  Exchange Rinsewater Recycling System to remove
  metals and salts from rinse waters generated by
  Metal Products and Machinery (MPM) industries.
  
• The average volume of treated rinse water for
  Hydromatix system is 75,000 gallons.

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Case Study No.1 Plating Rinse Water

• Generators Argument
• The company believes that the rinse waters which
  are purified by the Hydromatix System are not a
  waste because at the time the water goes to the
  Hydromatix System, it is still usable for the
  same purpose it was original intended.

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Case Study No.1 Plating Rinse Water

• Questions
• Is the rinse water prior to Hydromatix System a
  waste?
• Is it a hazardous waste?
• Is the rinse water a recyclable material?
• Does statutory or regulatory exclusion/exemption
  apply?
• Does the rinse water have to be managed as
  hazardous waste?

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Case Study No.1 Plating Rinse Water

• Analysis
• Waste
• The rinse water is spent material.
• Hydromatix System is treatment/reclamation.
• The contaminated rinse water is a waste 22 CCR
  66261.2(d) Table 1

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Case Study No.1 Plating Rinse Water

• Hazardous waste
• Because of its activity, metal content, and
  aquatic toxicity, the rinse water presumably is a
  hazardous waste under both federal and State law.
  
• Recyclable material
• The rinse water would be recyclable material, if
  it goes through the Hydromatix System and returns
  to the plating process.

D006 (cadmium)D007 (chromium)D008 (lead)D009
(mercury)D010 (selenium)D011 (silver)
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Case Study No.1 Plating Rinse Water

• HSC 25143.2(b)
• HSC 25143.2(b) would not apply because the rinse
  water is treated.
• HSC 25143.2(d) Only apply to non-RCRA HW
• The plating rinse water is presumably RCRA HW
  due to metal content, so HSC 25143.2(d) does not
  apply.

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Case Study No.1 Plating Rinse Water

• HSC 25143.2(c)
• HSC 25143.2(c) would apply to the Hydromatix
  System so that the system does not need the HW
  treatment permit from DTSC, if plating rinse
  water
• Recycled and used at the same facility
• Recycled within 90 days
• Managed as hazardous waste

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Case Study No.1 Plating Rinse Water

• Conclusion
• The plating rinse water prior to the Hydromatix
  System
• Is RCRA hazardous waste
• Is not exempt or excluded from a waste
  classification.
• Has to be managed in accordance with hazardous
  waste regulation requirements
• If the treated rinse water returns to the
  plating process, the Hydromatix System does not
  need DTSC hazardous waste treatment permit.
  However, the treatment operation still has to
  meet the hazardous waste management requirements
  and the tank assessment has to be performed in
  accordance with 22 CCR section 66265.192(k).

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Case Study No.1 Plating Rinse Water

• Q A

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Case Study No.2 Recycling Metal-Bearing Waste
into Portland Cement

• Issue
• An automobile manufacturing process generates a
  calcium by-product from the treatment of
  metal-bearing wastes. The generator proposes to
  recycle calcium by-product into Portland cement
  and seeks DTSCs concurrence that such recycling
  qualifies calcium by-product for exclusion from
  classification as waste, even though the Portland
  cement produced from calcium by-product would
  be applied to land.

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Case Study No.2 Recycling Metal-Bearing Waste
into Portland Cement

• Fact
• The calcium by-product results from the
  treatment of various metal-bearing wastewater.
• The calcium by-product contains lead, nickel,
  and zinc that exceed their respective STLCs.

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Case Study No.2 Recycling Metal-Bearing Waste
into Portland Cement

• Questions
• Is the calcium by-product a waste? Is it a
  hazardous waste?
• Is the calcium by-product a recyclable
  material?
• Does any statutory exclusion/exemption apply?
• What are requirements?

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Case Study No.2 Recycling Metal-Bearing Waste
into Portland Cement

• Analysis
• Waste
• Under both federal and State law, the calcium
  by-product should be classified as a sludge,
  not as a by-product.
• It would be recycled by producing the product
  used in a manner constituting disposal.
• The calcium by-product (sludge) is a waste.

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Case Study No.2 Recycling Metal-Bearing Waste
into Portland Cement

• Hazardous waste
• The generator declared that the sludge neither
  exhibits a federal characteristic (supported by
  lab report), nor is listed as a hazardous waste
  under federal law.
• the sludge would exhibit a characteristic (i.e.
  toxicity) of a hazardous waste under State law
• the sludge would be regulated by DTSC as non-RCRA
  hazardous waste.

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Case Study No.2 Recycling Metal-Bearing Waste
into Portland Cement

• Question
• As non-RCRA hazardous waste and used in a
  manner constituting disposal (UCD), can the
  sludge be excluded as hazardous waste when
  recycled to make cement?

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Case Study No.2 Recycling Metal-Bearing Waste
into Portland Cement

• Answer
• Yes, but proposed recycling of the sludge has to
  meet all applicable conditions (including HSC
  section 25143.9) and requirements imposed by 22
  CCR section 66266.20 21 in order to override
  the HSC 25143.2(e)(2) prohibition on UCD
• HSC 25143.10 also applies.

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Case Study No.2 Recycling Metal-Bearing Waste
into Portland Cement

• Conclusion
• The sludge could qualify for exclusion from
  classification as a waste if it
• Is a non-RCRA waste
• Meets all of conditions set forth in HSC section
  25143.2(d)(5) or (d)(6) and section 25143.9
• Meets all other requirements set forth in 22 CCR
  section 66266.20 and 66266.21

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Case Study No.2 Recycling Metal-Bearing Waste
into Portland Cement

• Q A

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Break Time

• Please return in 15 minutes

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Case Study No.3 Primary Smelter Recycling

• Issue
• Air-pollution-control (bag house) dust is sent
  to a primary smelter for recycling. The chemical
  composition of bag house dusts is similar in to
  concentrated ores and the dusts are substituted
  as a raw material feedstock to a primary smelter

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Case Study No.3 Primary Smelter Recycling

• Fact
• The chemical compositions of bag house dusts from
  different data sources
• The bag house dust is screened, grounded, and
  then used by a primary smelter as a substitute
  for zinc ore.

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Case Study No.3 Primary Smelter Recycling

• The generator states
• The bag house dust qualifies for the HSC section
  25143.2(d)(5) exclusion
• No uniform hazardous waste manifest
• No hazardous waste generator fees

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Case Study No.3 Primary Smelter Recycling

• Questions
• Is the bag house dust a waste? Is it a hazardous
  waste?
• Is it a recyclable material?
• Does HSC 25143.2(d)(5) apply? Why or why not?
• What are requirements?

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Case Study No.3 Primary Smelter Recycling

• Analysis
• Waste
• The bag house dust is sludge.
• US EPA considers recycling by primary smelter as
  reclamation.
• If the sludge is recycled by reclamation, it is a
  waste.

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Case Study No.3 Primary Smelter Recycling

• Hazardous Waste under State law
• The dust would exhibit the characteristic of
  toxicity due to the presence of zinc, copper and
  lead.
• The dust would be non-RCRA hazardous waste.
• Recyclable material
• The bag house dust is a recyclable material, if
  it is recycled as proposed.

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Case Study No.3 Primary Smelter Recycling

• HSC 25143.2(b)
• would not apply because primary smelter is
  considered as reclamation.
• HSC 25143.2(c)(2)
• would not apply because the recycling is
  offsite.

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Case Study No.3 Primary Smelter Recycling

• HSC 25143.2(d)(5)
• The bag house dust is a non-RCRA hazardous
  waste.
• It has been DTSCs long-standing policy to
  exclude non-RCRA hazardous wastes from the
  definition of waste when they are directly
  introduced as an ingredient into a primary
  process, such as a smelter which processes
  primarily ores. The materials that substitute for
  ores can fall within the scope of the direct use
  or reuse exclusion.

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Case Study No.3 Primary Smelter Recycling

• HSC 25143.2(d)(5)
• When the dust is sent to a primary smelter as a
  substitute for the ores, it is eligible for HSC
  25143.2(d)(5) exclusion.

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Case Study No.3 Primary Smelter Recycling

• In order to qualify for exclusion, the recycling
  also has to comply with
• The restriction of HSC 25143.2(e),
• The documentation and recordkeeping requirements
  in HSC 25143.2(f),
• The labeling, storage, handling, and exporting
  requirements in HSC 25143.9,
• The reporting requirements in HSC 25143.10
  (100kg/month).

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Case Study No.3 Primary Smelter Recycling

• Conclusion
• If all applicable conditions of HSC
  25143.2(d)(5) exclusion are met and the bag house
  dust is recycled by a primary smelter as
  proposed, the generator will not have to manage
  the dust as a hazardous waste under State law.
• No uniform HW manifest for shipment of the dust
  to a primary smelter
• No hazardous waste generator fees

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Case Study No.3 Primary Smelter Recycling

• Q A

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Case Study No.4 The Paint Recycled Onsite

• Issue
• A paint manufacturer has unsold paint on site.
  It is petroleum solvent based paint. The
  manufacturer has two options
• Blend it to make new product
• Distill and reuse the solvent onsite
• Note It is not retrograde CCP.

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Case Study No.4 The Paint Recycled Onsite

• Questions
• Is it waste, hazardous waste, recyclable
  material?
• Based on its recycling activities (use/reuse or
  reclamation) and HW identification (RCRA or
  non-RCRA), what statutory or regulatory
  exclusion/exemption would apply?
• What are the requirements related to recycling?

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Case Study No.4 The Paint Recycled Onsite

• Analysis
• Option 1 Blend it to make new production
  (used/reused)
• Commercial chemical product (CCP) is a waste when
  it is recycled. But CCP is excluded as a solid
  waste under federal law when it is used or reused
  to make a product.
• The paint is non-RCRA hazardous waste due to its
  ignitibility.

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Case Study No.4 The Paint Recycled Onsite
Option 1

• The paint can be excluded from classification as
  a waste under
• HSC 25143.2(b)(1) used or reused as an
  ingredient in an industrial process to make a
  product if the material is not being reclaimed
• HSC 25143.2(b)(3) return to the original
  process as a substitute for raw material
  feedstock without first being reclaimed.
• HSC 25143.2(d)(5) -- used or reused as an
  ingredient in an industrial process to make a
  product if the material is not being treated

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Case Study No.4 The Paint Recycled Onsite

• Option 2 Reclaim (distillation) and reuse
  onsite
• The paint is a hazardous waste due to its
  ignitibility.
• The paint (CCP) is a non-RCRA hazardous waste in
  Table 1. with double stars.

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Case Study No.4 The Paint Recycled Onsite
Option 2

• The paint can be excluded from classification as
  a waste under
• HSC 25143.2(d)(1) recycled and used at the site
  where the materials were generated
• HSC 25143.2(c)(2) The distillation is exempt
  from DTSC treatment permitting regulation, if the
  material
• Recycled and reused at the same facility
• Recycled within 90 days for LQG or 180 days for
  SQG
• The material is managed as hazardous waste
• Retrograde It is not retrograde CCP.

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Case Study No.4 The Paint Recycled Onsite
Option 2

• Requirements
• HSC 25143.2(e) prohibitions
• UCD (place on land)
• Burned for energy recovery/fuel
• Accumulated speculatively (1 year and 75
  recycled)
• HSC 25143.2(f) Documentation requirement

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Case Study No.4 The Paint Recycled Onsite
Option 2

• HSC 25143.9 labeling, storage, handling and
  exporting requirements
• HSC 25143.10 reporting requirement for 100
  kg/month

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Case Study No.4 The Paint Recycled Onsite
Option 3

• Question
• If the paint is latex paint and is used to make
  new product, How is it being regulated?
• Answer
• It is regulated under HSC article 10.7, 25217
  Recyclable Latex Paint.
• Recyclable Latex Paint Any water-based latex
  paint, still in liquid form, transferred for
  being recycled.

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Case Study No.4 The Paint Recycled Onsite
Option 3

• Recycling recyclable latex paint is exempt from
  DTSC hazardous waste facility permitting
  requirements, if it meet the conditions
• Comply with all latex paint product management
  procedures
• Owner/operator has business plan
• Ship with a bill of lading
• Recordkeeping

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Case Study No.4 The Paint Recycled Onsite

• Q A

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Statutory Exclusions and Exemptions for
Recyclable MaterialsHSC 25143.2

• (b) Direct recycling exclusions from
  classification as a waste for both RCRA and
  non-RCRA recyclable materials
• (c)(2) On site recycling exemptions from
  facility permitting regulations for management of
  RCRA and non-RCRA recyclable materials
• (d) Exclusions from classification as a waste
  for non-RCRA recyclable materials only

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Statutory Exclusions and Exemptions for
Recyclable MaterialsHSC 25143.2

• (e) Prohibitions override 2(b), 2(c), and
  2(d)
• Use constituting disposal (UCD)
• Burning for energy recovery/fuel
• Speculative accumulation
• Inherently waste-like
• Used or spent etchants transported to an offsite
  facility and not used for originally purchased or
  manufactured purpose
• Used oil

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General Process

• Is it a waste?
• Is it a hazardous waste?
• Is it excluded under 22 CCR 66261.4?
• Is it a recyclable material?
• Does it qualify for statutory exclusion or
  exemption under HSC 25143.2?
• Does it qualify for regulatory exclusion or
  exemption as recyclable material under 22 CCR
  66261.4/.6/.7/.9?
• What requirements does it have to meet?

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Basic Questions

• What is the secondary material?
• How is it being recycled?
• How is the recycled material being used?

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Contact Information

• Jeff Van Slootten
• Hazardous Substances Scientist
• DTSC, Office of Policy
• [phone]  
• JVansloo_at_dtsc.ca.gov
• Cindy Chain-Britton
• Hazardous Substances Scientist
• DTSC, Office of Policy
• [phone]
• CCHainbr_at_dtsc.ca.gov