Retail Collection of Universal Waste and Latex Paint

1. Retail Collection of Universal Waste and Latex Paint

2. Some background... • Many unused and unwanted consumer products are classified as hazardous waste in California • Hazardous waste, including HHW, is banned from solid waste landfills in this state • As of 2006, households may no longer dispose of batteries, lamps and electronic devices in the trash • That’s good for public health and the environment, but...

3. The problem • UW and Latex paint some of the largest volume wastes @ HHWCFs • Are (or are presumed be) hazardous wastes • Costly to handle, transport, and dispose/recycle

4. Some paint numbers • Julia Au of SF Environment recently surveyed 30 HHWCPs about paint • During their reporting year, respondents collected 1.45 million gallons of paint at a cost of nearly $9.6 million(Average cost per gallon = $ 7.06) • This represents, on average, 50.7 percent of the respondents’ total waste volume and 38.9 percent of their total cost

5. Other options... • Paint, batteries, lamps, and electronics don’t have to be collected at the HHWCF • Retail take-back is very feasible • Simple options for authorization

6. Normally, collecting HHW requires a permit, but... • Universal waste: exempt, pursuant to 66261.9 of title 22 of the California Code of Regulations • Recyclable latex paint: exempt, pursuant to section 25217.2 (a) of the California Health and Safety Code (“Recyclable latex paint may be accepted at any location if all of the following conditions are met...”)

7. Advantages of retail collection • Convenient for households • Frees up the resources of local HHW collection programs for higher-hazard wastes • Quantity limits for CESQG don’t apply

8. What about mandatory retail take-back? • Currently, only a few State mandates for retail take-back in California: • Rechargeable batteries • Cell phones • Mercury thermostats

9. How are these mandatory take back laws working? • Rechargeable batteries: • 2007: 4.2 million pounds • 2008: 5.6 million pounds • Cell phones: estimate 25 percent recycling rate

10. Other proposed EPR legislation... • California Product Stewardship Act – AB 283 (Chesboro): 2-year bill • Architectural Paint Stewardship Program – AB 1343 (Huffman): 2-year bill • Residential Fluorescent Lamp Recycling Program – AB 1173 (Huffman): vetoed by the Governor

11. Mandatory take-back in other jurisdictions • Oregon: new paint law is the nation’s first state requirement • Includes the cost of safely managing leftover paint in the purchase price of new paint • Sets up an industry-led program to reduce paint waste, increase reuse and recycling, and safely dispose of unusable paint • San Luis Obispo County: ordinances require paint, batteries, fluorescent lamps, and sharps be taken back

12. A partial solution: voluntary retail collection • Retailers voluntarily taking back waste: • Electronic devices • Fluorescent lighting • Paint

13. The challenge of voluntary retail collection • Marketing to retailers • They will have concerns about: • Funding • Safety/Liability • Messes • Space • Illegal dumping/orphaned waste

14. Making retail take back more appealing to a retailer • Things you can say to a retailer: • Promotes foot traffic • Good publicity • Things you can do: • Provide signage to the retailer • Have your contractor pick it up the paint, UW

15. More about the wastes...

16. What is “recyclable latex paint?” • Health and Safety Code section 25217: “... any water-based latex paint, still in liquid form, that is transferred for the purposes of being recycled” • If it’s not “recyclable,” it doesn’t meet the definition and the exemption allowing retail collection doesn’t apply

17. Is latex paint a hazardous waste? • Latex paint is listed in Title 22 as presumed to be hazardous waste • Most modern latex paints probably aren’t, but... • The generator usually won’t know if his/her paint is or isn’t HW

18. What is universal waste? • Common, widely generated • By definition, universal wastes are hazardous wastes, but exempt from the usual rules • Batteries • Fluorescent and other HW lamps • Electronic devices • Mercury devices, including thermostats • Aerosol cans

19. Overview of the Rules for Collecting Waste Latex Paint California Health and Safety Code Chapter 6.5, Article 10.7

20. Collecting waste latex paint • No disposal to land or water • May be accepted and recycled at any location, provided it’s managed properly/safely • If it turns out not to be recyclable, it’s considered generated as a waste at the retail site and must be managed accordingly (e.g., as hazardous waste)

21. Collecting waste latex paint (2) • The collection site (e.g., retailer) must comply with applicable requirements for a Hazardous Materials Business Plan (Health and Safety Code chapter 6.95) • Check with your local CUPA • No DTSC notification or reporting required

22. Transporting waste latex paint • Use of a registered transporter is not required • Manifest not required; bill of lading OK • Must include required information • 3 year record retention requirement

23. California’s latex paint remanufacturing facilities We have several... • Amazon – Whittier • E-Coat (division of Kelly-Moore) – Sacramento  • Visions – McClellan

24. Where are they getting it? How much do they recycle? • Amazon Paint says: • 80 percent of paint they accept comes from HHW facilities • On a weekly basis, they accept 10,000 gallons of paint

25. What do remanufacturing facilities do? Recycled in 2 ways: • Reprocessed into new paint • Filtering • Mixing with standard paint • Adding pigments • Adjusting pH • Used as a cement additive

26. Overview of the rules for Universal Waste California Code of Regulations Title 22, Chapter 23

27. Seven categories of universal waste Batteries Mercury containing equipment Lamps Aerosol cans Electronic Devices Cathode Ray Tubes (CRTs) CRT glass 27

28. A retailer that accepts universal waste (batteries, lamps, electronics, etc.) generated off-site (e.g., from customers) is regulated as a universal waste handler Universal waste handlers 28

29. Universal waste handler requirements • Prohibitions • Notification • Waste Management • Labeling/Marking • Accumulation Time Limits • Personnel Training • Response to Releases • Offsite Shipments • Tracking Shipments • Exports

30. As universal waste handlers, retail collectors are prohibited from: Disposing of, Diluting, or “Treating” universal waste. Universal waste handlers: prohibitions 30

31. Universal waste handlers: notifications A handler that may accumulate more than 5,000 kg of universal waste at any one time must obtain either a California or a federal EPA ID# for each location A retailer that plans to accept electronic waste from the public must also notify DTSC 30 days in advance 31

32. Universal waste handlers: waste management In general, the handler must manage universal waste “in a way that prevents releases of any universal waste or component of a universal waste to the environment...” Accumulate lamps in a closed container Prevent breakage 32

33. Universal waste handlers: labeling Label each item or container with one the following phrases (as appropriate): “Universal Waste – Batteries” “Universal Waste – Lamps” “Universal Waste – Electronic Devices” Etc. 33

34. Universal waste handlers: accumulation time limits A handler may accumulate universal waste for up to one year from the date it was received No exceptions  Must be able to demonstrate the length of time accumulated 34

35. Universal waste handlers: personnel training Annual training is required for personnel who manage universal waste, or supervise them Includes any person who consolidates, sorts, treats, recycles, packages for transport, offers for transport, or physically relocates containers of universal waste 35

36. Universal waste handlers: personnel training (2) Materials must be written (e.g., brochures, electronic mail, company letters, pamphlets, posters, etc.) and dated Must include: The types and hazards associated with the particular universal wastes Proper disposition of the waste Procedures for responding to releases of e-wastes Three year record keeping requirement 36

37. Universal waste handlers: response to releases A handler is required to: Immediately contain all releases of universal wastes and of their residues Determine whether any resulting material is a hazardous waste, and if so, manage it accordingly A handler may repackage leaking, broken, or otherwise damaged universal waste and manage it as universal waste 37

38. Universal waste handlers: offsite shipments Ahandler may send or take universal waste only to: Another universal waste handler A destination facility A foreign destination If, for some reason, the shipment is rejected, the original handler can take it back or arrange for another destination 38

39. Universal waste handlers: tracking shipments The handler is required to keep a record of each shipment sent or received Who it was shipped to/from How much of each type of universal waste When it was shipped or received The record can be in the form of a log, invoice, manifest, bill of lading or other shipping document 39

40. Yes, by DTSC and/or the local CUPA A retail collection site is an off-site facility (i.e., it receives waste generated elsewhere) CUPAs have jurisdiction for generators and HMBP DTSC has jurisdiction over off-site hazardous waste facilities Can a retail collection site be inspected? 40

41. Take home on compliant retail collection programs • The retailer who wants to collect universal waste and latex paint needs to: • Know and understand the rules • Develop policies to for compliance • Commit the time and resources to ensure the polices are followed • Keep required records • Plan for the unexpected...

42. Help retailers have a successful compliant program • Good for the retailer: foot traffic, community goodwill • Good for the HHW program: diverts waste and cost • Good for California’s environment: more convenient collection sites => less likely these wastes end up where they don’t belong

43. Questions? 43

44. Thank you! 44