14th Annual

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14th Annual Hazardous Waste Workshop
Dale DeKraker Reed Sneller Co-sponsors Michigan
Department of Environmental Quality, Grand
Rapids District and West Michigan Chapter, Air
Waste Management Association and Amway
Corporation
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Outline

• Waste Determination/Characterization
• Common Exemptions and Exclusions
• Generator Status
• Notification
• Generator Requirements
• Manifest Procedures
• Universal Waste
• Used Oil
• New Developments

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Why does the Hazardous Waste Program exist?
Illegal disposal
Excessive accumulation
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I. Waste Determination / Characterization
To properly comply with the regulations, it must
be determined if a waste is hazardous or non-
hazardous.
Knowledge
Testing
MSDS Facility Process Information Technical
Information Manufacturer Information Hazardous
Waste Listings
(F,K,P,U Lists, plus listed waste mixtures and
contaminated media/debris)
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I. Waste Determination / Characterization
Sample Analysis

• Analysis must conform to EPA SW 846 standards.
• Samples must be representative of the waste
  being generated (facility operating normally),
  and must conform with EPA protocol.
• Analysis must address all potential hazardous
  waste constituents.
• No required frequency except when
• Process changes
• Raw materials used in process change.
• Maintain records for at least three years.

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I. Waste Determination / Characterization
Common Laboratory Tests

• Flash point - used to determine ignitability
  (D001)
• (lt 140 F)
• Examples paints, solvents, gasoline
• pH - used to determine corrosivity (D002) (lt2 or
  gt12.5)
• Examples acids, bases, other compounds.
• Reactivity - D003 (explodes or emits toxic gas)
• TCLP - Toxicity Characteristic Leaching
  Procedure used to determine toxicity levels of
  various constituents (D004-D043)
• Total Halogens - used for testing used oils.

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Dont overlook characterizing ALL wastes from
facility
Look outside and inside, including discontinued
line areas
Drains catch spills
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Dont overlook characterizing ALL wastes from
facility
Office and maintenance activities
Heavy metals
Mercury
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Dont overlook characterizing ALL wastes from
facility
Electric lamps
Batteries Ni-Mg, Ni-Cd, lithium, silver, mercury
Alkaline batteries non-hazardous
Mercury (D009)
Heavy metals and/or reactivity
10
Dont overlook characterizing ALL wastes from
facility
Can crushing puncturing devices
D001 hazardous wastes
May have TLCP issues
Please contact AQD for additional requirements
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Dont overlook characterizing ALL wastes from
facility
Remodeling/demolition waste
Heavy metals
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Dont overlook characterizing ALL wastes from
facility
Rags textiles

• D001 if solid and is spontaneously combustible
  or contains liquids FP lt 140 F
• Possible F waste if used with listed
  solvents

Option to use recycling exemption must be cloth,
be laundered, and be reused
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Dont overlook characterizing ALL wastes from
facility
Additional overlooked wastes

• Waste antifreeze (now a universal waste) - lead
• Waste generated from processes using stainless
  steel - chrome
• Buffing dusts - lead
• Containers that are not empty (gt 1 inch left)

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I. Waste Determination / Characterization
General Thoughts and Recommendations

• Without proper waste characterization, it is
  impossible to comply with the hazardous waste
  regulations.
• A waste audit is recommended to identify all
  wastes being generated at a facility.
• Wastes can be classified as either hazardous or
  non-hazardous via knowledge or actual analytical
  methods.
• Whether using knowledge or actual analysis,
  proper record keeping is required and records
  must be retained for three years.
• It is recommended that all records be kept
  together in a file for easy access in the event
  of a DEQ/EPA inspection.

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II. Common Exemptions Exclusions
( Rules 202, 203, 204, 206 of Part 111) (Not all
inclusive)

• Some, but not all, materials being recycled may
  be excluded (see 40CFR, Part 261 of RCRA).
• Containers are excluded, if empty.
• Wastewater discharges to POTWs that are
  approved by that sewer authority are exempted.
• Laboratory samples are exempt from many
  regulations until determined to be a hazardous
  waste.

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II. Exemptions Exclusions cont.
( Rules 202, 203, 204, 206 of Part 111)

• Universal waste rule allows alternative handling
  
• (batteries, pesticides, devices with mercury,
  electric lamps, pharmaceuticals, consumer
  electronics, and antifreeze).
• Wastes that are used or reused in a process to
  make a product, provided that no prior
  reclamation occurs. (Beware of sham recycling
  get DEQ concurrence.)
• Scrap metal that is recycled.

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II. Exemptions Exclusions cont.
( Rules 202, 203, 204, 206 of Part 111)

• Petroleum contaminated debris / media (soils,
  groundwater) from leaking UST systems subject to
  corrective action that fail the TCLP for D018
  D043 only. Must be approved by DEQ under Part
  213.
• Used chlorofluorocarbon refrigerants from heat
  transfer equipment, provided they are reclaimed
  for further use.
• Used oils that are recycled and are hazardous
  due to hazardous characteristics only.

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II. Exemptions Exclusions cont.
( Rules 202, 203, 204, 206 of Part 111)

• Hazardous wastes from which precious metals are
  recovered (partial exemption).
• Dredge spoils from projects permitted by USACE
  or MDEQ.
• Hazardous wastes used in fuel applications if
  they themselves are fuels. Liquid Industrial
  Waste regs still apply (gasoline).

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II. Exemptions Exclusions cont.
( Rules 202, 203, 204, 206 of Part 111)

• Materials remaining in manufacturing units that
  would otherwise be hazardous wastes if lt 90 days
  has passed since the unit has been removed from
  service. If gt 90 days, the material becomes a
  hazardous waste (degreasers, paint pots, etc.).
• Laundered rags that would otherwise be hazardous
  waste.

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III. Generator Status
Once you know what wastes are hazardous / non
hazardous and what is exempted or excluded, it
must be determined where you fall within the
regulations.
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Specific Requirements Depend on the Hazardous
Waste Generator Status
Conditionally Exempt Small Quantity Generator
(CESQG)
Less Regulation

• Generates lt 220 pounds of non-acute HW per
  month
• Never accumulates 2200 pounds

Small Quantity Generator (SQG)

• Generates 220 to lt 2200 pounds non-acute HW per
  month
• Never accumulates 13,200 pounds, or for more
  than 180 days or 270 days if shipping gt 200 miles

Large Quantity Generator (LQG)

• Generates 2200 pounds non-acute HW per month or
  
• Generates and accumulates 2.2 pounds acute or
  severely toxic
• Never accumulates wastes gt 90 days
• Acute HW action level is 2.2 lbs/month for
  CESQG, SQG, and LQG. Subject to LQG
  requirements.
• All volumes are cumulative on a site wide basis
  and must be counted at the point of initial
  management.

More Regulation
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Generator Calculation Examples
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Generator Calculation Examples
Generator 1
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Generator Calculation Examples
Generator 1
D001
90 lbs/mo
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Generator Calculation Examples
Generator 1
D001
F003

90 lbs/mo
140 lbs/mo
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Generator Calculation Examples
Generator 1
D001
F003
D002


90 lbs/mo
6000 lbs/mo
140 lbs/mo
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Generator Calculation Examples
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Generator Calculation Examples
Generator 2
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Generator Calculation Examples
Generator 2
D001
90 lbs/mo
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Generator Calculation Examples
Generator 2
D001
F001

90 lbs/mo
210 lbs/mo
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Generator Calculation Examples
Generator 2
D001
F001
used oil


90 lbs/mo
1400 lbs/mo recycled
210 lbs/mo
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Generator Calculation Examples
Generator 2
D001
F001
used oil


90 lbs/mo
1400 lbs/mo recycled
210 lbs/mo
EXEMPT
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Generator Calculation Examples
Generator 2
Small quantity generator
D001
F001
used oil



90 lbs/mo
1400 lbs/mo recycled
210 lbs/mo
300 lbs/mo
EXEMPT
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Generator Calculation Examples
Generator 3
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Generator Calculation Examples
Generator 3
D001
waste paint 80 lbs/mo
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Generator Calculation Examples
Generator 3

D001
D011
waste paint 80 lbs/mo
photo waste 100 lbs/mo
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Generator Calculation Examples
Generator 3


D001
D011
D001
waste paint 80 lbs/mo
photo waste 100 lbs/mo
aerosol cans 30 lbs/mo
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Generator Calculation Examples
Generator 3


D001
D011
D001
waste paint 80 lbs/mo
photo waste 100 lbs/mo
aerosol cans 30 lbs/mo
D009
lamps 25 lbs/mo
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Generator Calculation Examples
Generator 3


D001
D011
D001
waste paint 80 lbs/mo
photo waste 100 lbs/mo
aerosol cans 30 lbs/mo
D006
D009

Ni-Cd batteries 30 lbs/mo
lamps 25 lbs/mo
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Generator Calculation Examples
Generator 3


D001
D011
D001
waste paint 80 lbs/mo
photo waste 100 lbs/mo
aerosol cans 30 lbs/mo
265 lbs/mo total waste
D006
D009

Ni-Cd batteries 30 lbs/mo
lamps 25 lbs/mo
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Generator Calculation Examples
Generator 3


D001
D011
D001
waste paint 80 lbs/mo
photo waste 100 lbs/mo
aerosol cans 30 lbs/mo
D006
D009

Ni-Cd batteries 30 lbs/mo handled as universal
waste
lamps 25 lbs/mo recycled as universal waste
- 55 lbs/mo
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Generator Calculation Examples
Generator 3


D001
D011
D001
210 lbs/mo
waste paint 80 lbs/mo
photo waste 100 lbs/mo
aerosol cans 30 lbs/mo
D006
D009

Ni-Cd batteries 30 lbs/mo handled as universal
waste
lamps 25 lbs/mo recycled as universal waste
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Generator Calculation Examples
Generator 3


D001
D011
D001
210 lbs/mo
waste paint 80 lbs/mo
photo waste 100 lbs/mo
aerosol cans 30 lbs/mo
D006
D009

Conditionally Exempt Small Quantity
Generator (CESQG)
Ni-Cd batteries 30 lbs/mo handled as universal
waste
lamps 25 lbs/mo recycled as universal waste
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Accumulation v. Generation
Generation
Accumulation
Disposal
Accumulation prior to disposal Additional
regulation required
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Accumulation v. Generation
Generation
Disposal
No accumulation prior to disposal Reduced
regulation
(Common with parts washers, process tanks, and
stills)
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Accumulation vs Non-Accumulation
Area of Regulation Accumulation Non-Accumulation
Waste Determination Notification M
anifesting DOT Rules Container/T
ank Rules --- Inspections
--- Training
--- Contingency Plan --- Biennial
Report (LQG) Preparedness/Prevention
--- Annual User Fees
Required
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IV. Notification
Once you know what generator status you fall
into, its time to file a Hazardous Waste
Notification Form with DEQ.
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Notification of Regulated Waste Activity

• WHMD issues identification numbers to generators
  (50 fee). Must complete form EQP5150.
• Identification number (required for SQG LQG
  CESQGs - liquids only) and all LIW generators.
• Currently starts with the letters MIK.
• No longer available on MITAPS call district
  office for form or available on-line.

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New Notifications

• A new notification must be filed when
• Hazardous waste is first generated at the SQG or
  LQG generator level (50 user charge)
• Company moves to a new location (50 user
  charge)
• Liquid Industrial Waste (non-hazardous) is first
  generated, or CESQG hazardous liquid waste is
  generated and must be disposed (50 user charge)

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Subsequent Notifications

• A subsequent notification must be filed when
• Company changes ownership but stays in the same
  location (50 user charge)
• Company changes its name, but same owner (no
  user charge)
• OTHER information changes with respect to form
  EQP5150 generator classification (no user charge)

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V. Hazardous Waste Generator Requirements

• Requirements Common to All Generators
• Conditionally Exempt Small Quantity
• Generators (CESQGs)
• Satellite Accumulation
• Small Quantity Generators (SQGs)
• Large Quantity Generators (LQGs)

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All Generators (CESQGs, SQGs, and LQGs)

• Container or tank accumulation only.
• Protect waste from weather, physical damage,
  fire, and vandals.
• Containers must be closed and in good condition.
  
• Accumulation conducted to prevent escape of
  wastes/waste constituents to air, water, sewers
  or the ground.

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Containers must be in good condition and
compatible with the waste. (Some problems are
obvious.)
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Drums must be compatible with the waste!
Note excessive corrosion.
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Excessive Rust
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Danger!! Excessive pressure
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Dents, broken seams, etc.
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Containers cannot be exposed to weather or
vandals
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Containers cannot be exposed to weather or
vandals (cont.)
Good labeling Good containers Closed
containers No protection! No containment! Accessi
ble to public/vandals!
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Drums must be stored closed! (Solids and liquids)
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Best Option is to Manually Close Container !
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Drum bung in place
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Funnels must allow for closure of the container
to prevent emissions and spillage.
Open funnel
Notice the splashing on wall
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Funnel removed
Bung replaced
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Funnels must allow for closure of the container
to prevent emissions and spillage.
Notice the valve? If kept closed would be OK.
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Note vent closure and self closing funnel
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Gaskettype OK if lockable.
See Op Memo 111-20 for additional closed
container information
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CESQGs (0 - 220 lbs/mo)

• Must get site ID number for liquids, solids
  exempt/optional.
• No accumulation time limit provided volume does
  not exceed 2200 lbs.
• CESQGs exceeding 2200 lbs are subject to full
  SQG standards, including secondary containment.
  Do not over-accumulate !!
• No user fees are required.

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CESQGs (0 - 220 lbs/mo)

• Disposal options include
• Licensed Hazardous Waste Facility
• Licensed Solid Waste Disposal Facilities (no
  liquids)
• Facility that will recycle or arrange for
  recycling of the waste
• Off-site or on-site WWTP, if in compliance with
  pre-treatment rules

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Common CESQGs

• Body Shops
• Small Engine Shops
• Lawn/Landscaping Services
• Small Printers
• Hardware/Home Improvement
• Stores
• Small Metal Working Shops
• Painting Shops
• Dentists Offices

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SQG LQG Must Comply With All CESQG Rules Plus

• Date and Label Containers
• 180 day accumulation limit (SQG)
• 90 day accumulation limit (LQG)
• Provide secondary containment, if required
• Provide proper training
• Prepare emergency response plans
• Conduct weekly inspections
• Use licensed hazardous waste disposal sites
• Follow preparedness and prevention rules
• LQGs must file a Biennial Report every 2 years

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Accumulation Label
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Date by day, not month (mm/dd/year)
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Shipping Label
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Satellite Containers

• At start of filling, label must have words
  Hazardous Waste AND waste number OR chemical
  name. Date not required until filled.
• When total volume exceeds 55 gallons hazardous
  waste or 1 quart acute, must add date this
  occurred and move container to accumulation area
  within 3 days.
• Container must be at, or near, point of
  generation and under operator control.
• See Op Memo 111-2 for more information.

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Satellite Label Example
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Secondary Containment

• Containers 100 of the largest container OR 10
  of the total volume stored, whichever is greater
  (free liquids).

• Tanks 100 of the largest tank PLUS an amount
  greater than or equal to a 25 year 24 hr.
  rainfall event (if located outside).
• Container containment construction requirements
  base free of cracks, impervious coating, sealed
  joints, and base sloped or elevated containers.
  Solids sloped area and elevated contain.
• Prevent run-on and remove spills/leaks/rain in
  timely manner.
• Required of all LQGs and SQGs (if SQG exceeds
  2200 lbs in storage).

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Lacking or inadequate resistant
coating cracked surfaces
non-compliant
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Poor joint seals or no coatings can cause major
problems!
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Non-functional containment
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Fabricated sides
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Sloping ramp saves backs and reduces spills when
moving materials in out of containment area.
Spill pallets ok for solids or single containers,
but do NOT provide squirt protection for liquids.
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• Accumulation area must have adequate space or
  aisle width to properly inspect containers and
  for access by emergency personnel.
• All labels must be visible for inspections.

Good aisle space
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Precipitation must be removed in a timely manner
from containment areas.
How can drums be checked for leaks if buried in
snow?
87

• Recommended Dont stack more than 2 drums high.

Leaning drum is a safety issue!
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Good containment and weather protection
Option for 1 2 containers.
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Locked storage
90
Good idea for more containers
91
Metal building with built-in containment.
Defective tank containment (note fracture in
wall).
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Note floor drain
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Tank Requirements

• Specific requirements depend when tank began
  operating new v. existing
• Aboveground v. Underground
• Labeled Hazardous Waste and with NFPA 704 code
• Structural integrity testing required
• Containment and leak detection required
• New or repaired tanks must be certified by an
  independent professional engineer.
• See inspection checklist for more details.

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Inspection Requirements

• Weekly for Container Accumulation Areas (SQG and
  LQG)
• Daily for SQG and LQG Tank Systems
• Logs required for all LQG Inspections
• No Log Required for SQG Inspections.

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Inspection Log Content

• Date of Inspection
• Name of Inspector
• List of Items Inspected
• Notation of Observations and Problems
• Corrective Actions Taken

Retain Records for a Minimum of 3 years
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Contingency planning and training

• CESQG
• No specific requirements
• SQG
• Informal training
• Written training records not required
• No stipulated review period
• Must have emergency coordinator
• Post CURRENT emergency information by phones
• Send facility diagram or discuss facility
  layout, road access, evacuation routes with
  response agencies

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LQG Contingency planning and training

• Annual training for employees.
• Written training program.
• Keep written training records for 3 years.
• Must address potential emergency situations.
• Must have site specific hazardous waste
  component when given with other required
  training. (Right-to-Know, DOT, etc.)
• Training should include a review of contingency
  plan.
• CURRENT complete written contingency plan
  on-site.
• Copies must be distributed to fire dept, police,
  hospitals.
• Must be reviewed annually for needed changes.

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Preparedness and Prevention Requirements (40
CFR, Part 265, Subpart C)
SQGs and LQGs

• Proper emergency equipment must be available
• Communication devices (phones, radios, intercom,
  voice, etc.)
• Portable fire extinguishers/fire control
  equipment
• Spill control equipment (absorbents, containers,
  spill kits)
• Water for fire control in sufficient volumes
• Must be tested/maintained as necessary
• 2. Personnel must have immediate access to
  internal alarm system/communication device
  (seconds, not minutes).

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Preparedness and Prevention Requirements (40
CFR, Part 265, Subpart C)
SQGs and LQGs

• 3. Must maintain sufficient aisle space in
  hazardous waste handling areas to ensure the
  access of emergency equipment and emergency
  personnel.
• Arrangements with local authorities in case of
  emergency.
• Fire department tours and tours by LEPC
• Copies of contingency plan to police, hospitals,
  and fire department.
• Document visits, agreements, etc.

103
VI. Manifests

• In general, a National Uniform Hazardous Waste
  Manifest must be used for
• Hazardous wastes from full generators (LQGs)
• Hazardous wastes from SQGs
• Liquid hazardous wastes from CESQGs and
  non-hazardous liquid wastes from all generators.
• Exceptions CESQG Solid Waste, all non-hazardous
  solid waste, wastes transported with a composite
  manifest (used oils, antifreeze)

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New manifest features
Emergency contact phone Site and mailing
address Disposal site phone
105
New manifest features
Actual volumes required Multiple waste
codes Export / import info Discrepancy
reason Alternate facility space
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New manifest features

• Waste management method
• Manifest distribution changes

107
Common manifest violations

• Failure to keep a reliable filing system (1)
• Wrong waste codes
• Wrong volumes
• Failure to track manifest time limits
• Failure to send copy to DEQ

108
Manifest Procedure
Generator
6

page of manifest retained
109
Manifest Procedure

DEQ
copy page 1
Generator
Transporter
6
5

page of manifest retained
110
Manifest Procedure

DEQ
copy page 1
Generator
Transporter
Designated facility
6
5
4

page of manifest retained
111
Manifest Procedure

2
DEQ
copy page 1
Generator
Transporter
Designated facility
6
5
4
Destination state (if required)
1

page of manifest retained
112
Manifest Procedure

2
DEQ
copy page 1
Generator
Transporter
Designated facility
6
3
5
4
Destination state (if required)
1

page of manifest retained
113
SQG LQG must have USDOT placards available for
transporters if shipping gt RQ. Rule 305(1)(e)
114
VII. Universal Waste Regulations
Definition A set of relaxed hazardous waste
regulations pertaining to selected waste streams
generated on a universal basis within the
industrial, commercial, and municipal
sectors. Examples include spent electric lamps,
spent batteries, certain pesticides, mercury
containing devices, pharmaceuticals, consumer
electronics, and antifreeze.
115
Electric lamps
116
Bulb crushers are NOT RECOMMENDED due to possible
mercury emissions. Discuss requirements with
WHMD, AQD, and MIOSHA.
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Mercury devices
118
Electronic waste
Includes computers, cell phones, televisions,
stereos, etc.
119
Universal Waste

• Universal waste accumulation labeling
• electric lamps, batteries, mercury devices,
  pesticides, electronics, pharmaceuticals,
  antifreeze
• Label each item or container holding items
• Universal waste item name OR
• Waste item name OR
• Used item name

120
Small Quantity Handlers of Universal Waste (lt
5000kg)

• No analytical requirements.
• One year storage limit (must be able to
  document).
• 5,000 kg limit (11,000 lbs) combined for all
  universal waste on-site.
• No manifesting required, but keep records.
• No DEQ ID number required.
• Minimal labeling required.
• Basic training required to handle wastes.

121
Small Quantity Handlers (lt 5000kg)

• Need not include universal waste volumes in
  calculations with other wastes for the purpose of
  determining facility regulatory status.
• All DOT regulations will still be applicable
  during transport.
• Take all precautions to prevent spills, breakage,
  etc., and clean all spill residues.
• Cannot crush bulbs unless registered as a
  processor and in compliance with AQD regulations.
• Can only send universal wastes to another small
  quantity handler, large quantity handler or
  destination facility.

122
VIII. Used Oil
123

• Used oil is defined as any oil which has been
  refined from crude oil, or any synthetic oil,
  which has been used and as a result of use, is
  contaminated with physical or chemical
  impurities.
• Used Motor Oils
• Used Hydraulic Oils
• Used Transmission Brake Fluids
• All Synthetic Oils
• Spent Quench Oils
• Spent Gear Oils
• Non-PCB Transformer Oils
• Oil-Water Mixtures, if sufficient oil exists for
  legitimate recycling and oil does not arise from
  de minimis sources

124

• Used oil does NOT include petroleum based
  products that were not designed to function as
  lubricating agents or other protective
  applications.
• Fuels ( Gasoline, Diesel, Fuel Oils)
• PCB Oils (TSCA)
• Mineral Spirits
• Certain Test/ Calibration Fluids
• Also, does not include any animal fat or
  vegetable based oils.

125
Recycled Used Oil Analytical Requirements

• Total Halogens (SW 846)
• 1000 mg/L limit
• If gt 1000 mg/L, presumed to have been mixed with
  listed halogenated hazardous waste unless
  rebutted.
• Can also use knowledge of waste, if feasible.
  Proper documentation is required.
• Usually performed by transporter or processor
  however, generator should maintain results.

126
Recycled Used Oil Analytical Requirements

• Rebuttal presumption (if greater than 1000 mg/L)
• Analyze for all halogenated appendix VIII
  compounds (using tests or knowledge).
• 100 mg/L , pass/fail limit per constituent.
• If gt 100 mg/L, used oil fails and must be
  managed as a hazardous waste, either for disposal
  or as a hazardous waste fuel in a BIF.

127
Used Oil Generator Standards

• Store only in tanks or containers.
• Storage units must be in good condition with no
  leaks or defects.
• Label each unit with the words Used Oil.
• Respond to environmental releases to stop,
  contain, and clean up the spill.
• Use only transporters who have obtained an EPA
  I.D., unless transporting own oil to a
  collection/aggregation center in volumes 55
  gallons.
• Comply with all applicable SPCC, PIPP, and UST
  regulations as required.
• Use manifest to ship used oil off-site in
  compliance with Part 121 of Act 451, unless
  transporting own oil in volumes 55 gallons
  (unless using a composite manifest).

128
Additional Used Oil Activities

• Used Oil Transporter / Transfer Facility
• Used Oil Processor / Re-Refiner
• Used Oil Fuel Marketer
• Used Oil Burner (off-spec used oil fuel)
• Used Oil Burner (on-spec used oil fuel)

DEQ notification required
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(No Transcript)
130
Remember oil floats on water so keep drums
closed!!
131
ILLEGAL disposal of used oil
132
Questions? Contact us!
Dale DeKraker 616-928-9130 dale.dekraker_at_enviro-p
artners.com Reed Sneller 616-356-0232 snellerr_at_m
ichigan.gov
133
IX. New Developments
Part 121 (Liquid Industrial Wastes)

• Amended twice in 2008.
• February 2008 amendments clarified existing
  language and added exemptions for liquid
  vegetable and animal fat oil being made into
  biofuels, liquids authorized to be applied to the
  land under Part 31 and Part 115, and other
  liquids approved for use as a biofuel or for
  biogas production.
• June 2008 amendment added exemptions for
  off-specification fuels of different types that
  will be distilled or refined into a fuel product.
• Most fuel exemptions require direct shipping
  document.

134
IX. New Developments (cont.)
Part 173 (Electronics)

• New law, took effect December 29, 2008.
• Establishes a household and small business
  computer and television takeback program in
  Michigan to promote e-waste recycling.
• Manufacturers and recyclers must register by
  October 30, 2009
• DEQ currently working on implementation.
  Updated information will be posted at
  www.michigan.gov/deqwaste

135
IX. New Developments (cont.)
Part 111 (Hazardous Waste Management)

• New Rules Package effective March 17, 2008.
• Currently, a DEQ Definition of Solid Waste
  Workgroup has been created to formulate
  recommendations for consideration by WHMD and DEQ
  management in regards to the EPA Final Rule,
  Revisions to the Definition of Solid Waste, dated
  October 30, 2008.
• Workgroup looking at what parts to adopt and
  what changes DEQ may want to make.
• Goal is to begin meeting with stakeholders by
  April 2009

136
Definition of Solid Waste (DSW) Rule Content

• Four major components of final rule
• 1. Under the Control of the Generator Exclusion
• Self-implementing exclusion for materials
  generated and reclaimed under the control of the
  generator.
• 2. Transfer-based Exclusion
• Self-implementing exclusion for materials
  generated and transferred to another company for
  reclamation.
• 3. Non-waste Determination Procedure
• Materials that are non-wastes (determined
  through a petition process)
• 4. Legitimate Recycling Provision

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Definition

• Hazardous Secondary Material
• A material that is not regulated because it is
  being recycled, that would be a hazardous waste
  if disposed.
• Means a secondary material (e.g., spent material,
  by-product, or sludge) that, when discarded,
  would be identified as a hazardous waste under
  part 261 of this chapter.

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Excluded Generator Reclamation

• Includes hazardous secondary materials that are
  generated and reclaimed
• at the same facility, which includes facilities
  leased by the generator and onsite contractors
• by the same company (even at different
  facilities) if the reclaiming facility is
  controlled by the generator or if both the
  generating facility and the reclaiming facility
  are under common control
• under certain toll manufacturing arrangements

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Generator Reclamation (cont.)

• Hazardous Secondary Materials reclaimed are not
  hazardous waste provided
• Legitimate
• Under control of the generator
• Non-land based
• Within the US
• No material specific requirement (261.4)
• Not a lead acid battery
• Not K171 or K172 (petroleum refining catalyst)

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Generator Reclamation (cont.)

• Under this exclusion, generators must
• Legitimately recycle materials
• Not speculatively accumulate materials
• Submit notifications (using the Site ID form)
• Ensure materials are contained
• Reclaim materials within the United States

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Land-based Generator Reclamation

• New 261.4(a)(23) conditional exclusion
• Containment
• No spec accumulation
• Legitimate
• No material specific management
• notification

142
Off-site Excluded Reclamation(Transfer-Based
Exclusion)

• New 261.4(a)(24) conditional exclusion
• Usual conditions
• Due diligence requirement if not a TSDF
• Rule to determine reasonable efforts
• Maintain records of reasonable efforts
• Recordkeeping requirements for all facilities
  documenting shipments and receipt

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Off-Site Excluded Reclamation(Transfer-Based
Exclusion cont.)

• Reclaimers and Intermediate Facilities
• Management in a manner at least as protective as
  analogous products
• Characterization of residuals
• Financial Assurance
• Under new 261 Subpart H

144
Notification

• Notification requirement for hazardous secondary
  materials (new 260.42)
• Generators, tolling contractors, toll
  manufacturers, reclaimers, intermediate
  facilities
• Must notify by March 1 of each even numbered year
  using notification form.
• Specific information
• Must notify within 30 days if they stop

145
Notification (cont.)

• Notifications must include the following
  information
• (1) Name, address and EPA ID number (if
  applicable)
• (2) Name and telephone number of a contact
  person
• (3) NAICS code
• (4) Type of exclusions the facility is claiming
• (5) Whether the reclaimer/intermediate facility
  has financial assurance
• (6) When the facility expects to begin managing
  materials
• (7) A list of hazardous secondary materials to be
  managed
• (8) Whether the materials will be managed in a
  land-based unit
• (9) The quantity of materials to be managed
  annually and
• (10) The certification (included in EPA form
  8700-12) signed by an authorized
  representative.

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Financial Requirements

• Financial assurance required under DSW is very
  similar to that required for interim status
  facilities, with some modifications
• The terminology has been changed to reflect the
  nature of the materials (e.g., hazardous
  secondary materials instead of hazardous
  waste)
• The regulations have been revised to allow a unit
  at the end of its operating life to be released
  from financial assurance, if all hazardous
  secondary materials have been removed.
• There is no requirement for post-closure
  financial assurance, because post-closure is only
  intended to apply to waste management units
  designed to maintain waste in place after the
  unit closes (e.g., in a landfill).

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Variance

• Non-Waste Determination Procedure
• Materials that are reclaimed and reused within
  the original production process in which they
  were generated
• Hazardous secondary materials that are reclaimed
  in a continuous industrial process
• Hazardous secondary materials that are
  indistinguishable in all relevant aspects from a
  product or intermediate

148
Variance (cont.)

• Non-Waste Determination Procedure
• Existing 260.33 plus
• Addition of 260.34
• Standards and Critiera for non-waste
  determinations

149
Variance (cont.)

• Standards and Criteria for determination
• Includes a reference to the new 260.43-
  Legitimate recycling of hazardous secondary
  materials

150
Legitimate Recycling Provision

• Two mandatory factors
• Materials must provide useful contribution to the
  recycling process or to a product or intermediate
• Recycling must produce valuable product or
  intermediate
• Two factors must be considered
• Materials must be managed as valuable commodities
• Products of recycling must not contain
  significantly higher levels of hazardous
  constituents than are in analogous products

151
Legitimate Recycling Provision (cont.)

• Persons must address the mandatory factors
• Material provides a useful contribution to the
  recycling process or a product or intermediate if
  it
• Contributes valuable ingredients
• Replaces a catalyst or carrier in the recycling
  process
• Is a source of a valuable constituent recovered
• Is recovered or regenerated OR
• Is used as an effective substitute for a
  commercial product
• Recycling produces a valuable product or
  intermediate if it is
• Sold to a third party OR
• Used by the recycler or generator as an effective
  substitute for a commercial product or as an
  ingredient or intermediate

152
Legitimate Recycling Provision (cont.)

• Persons must consider the non-mandatory factors
• Materials must be managed as valuable
  commodities and
• Products of recycling must not contain
  significantly higher levels of hazardous
  constituents.
• If the recycling does not meet one of the
  non-mandatory factors, the recycler should be
  prepared to explain why the recycling is still
  legitimate, for example, by considering the
  protectiveness of the storage methods, exposure
  from and bioavailability of toxics in the
  products, and other relevant considerations in
  evaluating legitimacy.

153
Impact

• EPA Regulatory Impact Analysis estimates
• 5,600 facilities and 1.5 million tons of
  hazardous waste will be affected annually,
  providing a cost savings of approximately 95
  million per year
• Affected materials include 23,000 tons of new
  recycling.

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Questions / Comments?
Contact Jack Schinderle 517-373-8410 schinderlej_at_m
ichigan.gov