1 / 14

New Definition of Solid Waste

Understand the significant changes in the Federal Definition of Solid Waste (DSW) with emphasis on recycling legitimacy criteria, generator control, exclusions, and compliance requirements. Stay informed to ensure proper hazardous waste regulation.

latoyam
Download Presentation

New Definition of Solid Waste

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. New Definition of Solid Waste Susan Horein McKinley Environmental Engineer IDEM Compliance and Technical Assistance Program

  2. Summary of Changes to the Federal Definition of Solid Waste (DSW) • The U.S. Environmental Protection Agency (U.S. EPA) published a final rule that went into effect July 13, 2015, which revises several recycling-related provisions associated with the definition of solid waste, which is used to determine hazardous waste regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA). • The rule became effective in Indiana on November 5, 2016. It is a nearly verbatim adoption of the U.S. EPA rule. • The rule ensures that the hazardous secondary materials recycling regulations, as implemented, encourage reclamation in a way that does not result in increased risk to human health and the environment from discarded hazardous secondary materials.

  3. Summary of Changes to the Federal Definition of Solid Waste (DSW) • U. S. EPA goals • Close gaps in the 2008 rule which encouraged speculative accumulation • Eliminate sham recycling • Today’s talk will focus on new requirements for generators as a result of the new DSW

  4. Summary of DSW Exclusions • Under the Generator-Control • Allows transfer to facilities “under control of the generator’s organization.” • Allows 3rd Party Tolling agreements at facility. • Verified Recycler Exclusion- former “transfer exclusion” • RCRA Permitted Facility • DSW “Verified Recycler” Variance (40 CFR 260.31 (d)) • Financial Assurance • Remanufacturing – solvents from chemical processing

  5. New Requirements for Generators • Generators must maintain on-site, a written description of how the recycling meets all four Recycling Legitimacy Criteria (40 CFR 260.43) and keep for three years after recycling operations cease. Condition for under generator control only. • A template is available at: https://www.epa.gov/hwgenerators/final-rule-2015-definition-solid-waste-dsw

  6. Four Legitimacy Criteria (40 CFR 260.43) • Materials must provide a useful contribution to the recycling process or to a product or intermediate. • Recycling must produce a valuable product or intermediate. • Materials must be managed as valuable commodities. • Record keeping, storage and labeling requirements

  7. Four Legitimacy Criteria -continued • Products of recycling must be comparable to legitimate products or intermediates. • Must notify with U.S. EPA form 8700-12-Addendum • If there are no analogous products • If “toxics along for the ride”

  8. New Requirements for Generators - continued • Must submit a Site ID form: 40 CFR 260.42; 329 IAC 3.1-5-1 • Prior to managing hazardous secondary materials under the exclusion • U.S. EPA Form 8700-12 and Addendum • By March 1st of even numbered years • Use IDEM Handler ID form and Addendum • Within 30 days of stopping management under the exclusion

  9. New Requirements for Generators -continued • Contained in storage (40 CFR 260.10) • Arises from Legitimacy Criteria 3- must manage as a valuable commodity • In good condition • Appropriate design for the material • Properly labeled- include accumulation date • Compatible

  10. New Requirements for Generators -continued • Emergency Preparedness and Response (40 CFR 261 Subpart M) • < 6,000 kg – 40 CFR 261.410 and 261.411 • Small Quantity Generator requirements • > 6,000 kg - 40 CFR 261.410 and 261.420 • Large Quantity Generator Requirements • Specific training • Contingency Plan submitted to local authorities

  11. New Requirements for Generator -continued • Speculative Accumulation Record Keeping Requirements 40 CFR 261.1 (c) (8) • 75% recycled within a calendar year. • Label with accumulation date • May keep a log if a label isn’t practical. • Example label available at https://www.epa.gov/sites/production/files/2015-08/documents/hsm-label.pdf

  12. New Requirements for Generators - continued • Generator-Control- Maintain records of shipments (sent and received) for within the same company or under a tolling agreement transfers. • Verified Recycler Exclusion-Document transport to a reclamation facility with a RCRA Subtitle C permit or a facility with a verified recycler variance.

  13. References • Rules in Progress page- has red line version http://www.in.gov/idem/5678.htm • U.S. EPA PowerPoint at https://www.epa.gov/sites/production/files/2015-08/documents/dsw_fnl_rul_brfng_012215.pdf

  14. Questions? Susan Horein McKinley Compliance and Technical Assistance Program (317) 232-8456 shorein@idem.in.gov

More Related