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 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 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 As of 2006, households may no longer dispose of batteries, lamps and electronic devices in the trash Thats good for public health and the environment, but... Thats good for public health and the environment, but...

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

4. Some paint numbers Julia Au of SF Environment recently surveyed 30 HHWCPs about paint 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) 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 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 dont have to be collected at the HHWCF Paint, batteries, lamps, and electronics dont have to be collected at the HHWCF Retail take-back is very feasible Retail take-back is very feasible Simple options for authorization 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 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...) 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 Convenient for households Frees up the resources of local HHW collection programs for higher-hazard wastes Frees up the resources of local HHW collection programs for higher-hazard wastes Quantity limits for CESQG dont apply Quantity limits for CESQG dont apply

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

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

10. Other proposed EPR legislation... California Product Stewardship Act – AB 283 (Chesboro): 2-year bill California Product Stewardship Act – AB 283 (Chesboro): 2-year bill Architectural Paint Stewardship Program – AB 1343 (Huffman): 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 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 nations first state requirement Oregon: new paint law is the nations first state requirement Includes the cost of safely managing leftover paint in the purchase price of new paint 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 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 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: Retailers voluntarily taking back waste: Electronic devices Electronic devices Fluorescent lighting Fluorescent lighting Paint Paint

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

14. Making retail take back more appealing to a retailer Things you can say to a retailer: Things you can say to a retailer: Promotes foot traffic Promotes foot traffic Good publicity Good publicity Things you can do: Things you can do: Provide signage to the retailer Provide signage to the retailer Have your contractor pick it up the paint, UW 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 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 its not recyclable, it doesnt meet the definition and the exemption allowing retail collection doesnt apply If its not recyclable, it doesnt meet the definition and the exemption allowing retail collection doesnt apply

17. Is latex paint a hazardous waste? Latex paint is listed in Title 22 as presumed to be hazardous waste Latex paint is listed in Title 22 as presumed to be hazardous waste Most modern latex paints probably arent, but... Most modern latex paints probably arent, but... The generator usually wont know if his/her paint is or isnt HW The generator usually wont know if his/her paint is or isnt HW

18. What is universal waste? Common, widely generated Common, widely generated By definition, universal wastes are hazardous wastes, but exempt from the usual rules By definition, universal wastes are hazardous wastes, but exempt from the usual rules Batteries Batteries Fluorescent and other HW lamps Fluorescent and other HW lamps Electronic devices Electronic devices Mercury devices, including thermostats Mercury devices, including thermostats Aerosol cans 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 No disposal to land or water May be accepted and recycled at any location, provided its managed properly/safely May be accepted and recycled at any location, provided its managed properly/safely If it turns out not to be recyclable, its considered generated as a waste at the retail site and must be managed accordingly (e.g., as hazardous waste) If it turns out not to be recyclable, its 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) 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 Check with your local CUPA No DTSC notification or reporting required No DTSC notification or reporting required

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

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

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

25. What do remanufacturing facilities do? Recycled in 2 ways: 1.Reprocessed into new paint Filtering Filtering Mixing with standard paint Mixing with standard paint Adding pigments Adding pigments Adjusting pH Adjusting pH 2.Used as a cement additive

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

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

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

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

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

31. 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 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 A retailer that plans to accept electronic waste from the public must also notify DTSC 30 days in advance

32. 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... 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 Accumulate lamps in a closed container Prevent breakage Prevent breakage

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

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

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

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

37. 37 Universal waste handlers: response to releases A handler is required to: A handler is required to: Immediately contain all releases of universal wastes and of their residues 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 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 A handler may repackage leaking, broken, or otherwise damaged universal waste and manage it as universal waste

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

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

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

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

42. Help retailers have a successful compliant program Good for the retailer: foot traffic, community goodwill Good for the retailer: foot traffic, community goodwill Good for the HHW program: diverts waste and cost Good for the HHW program: diverts waste and cost Good for Californias environment: more convenient collection sites => less likely these wastes end up where they dont belong Good for Californias environment: more convenient collection sites => less likely these wastes end up where they dont belong

43. 43 Questions?

44. 44 Thank you!