Jesse Boultinghouse Waste Permits Division TCEQ Trade Fair May 3, 2016 Overview of the New Definition of Solid Waste Rule Jesse Boultinghouse Waste Permits Division TCEQ Trade Fair May 3, 2016 Overview of the new Definition of Solid Waste Rule Jesse Boultinghouse Waste Permits Division TCEQ Trade Fair May 3, 2016

Implementation Schedule Effective at the federal level on January 13, 2015 Goes to Commission for adoption on May 25, 2016 Scheduled to become effective in Texas on June 16, 2016 Implementation Schedule Effective at the federal level on January 13, 2015 Goes to Commission for adoption on May 25, 2016 Scheduled to become effective in Texas on June 16, 2016

Why Such a “Big Deal”? Numerous changes being made By far, the most significant since January 1985 Why Such a “Big Deal”? Numerous changes being made By far, the most significant since January 1985

Citations for the Rule (30 TAC) §335.1 (Definitions) §335.17 (Special definitions) §§335.18 – 21 (Variances and Non-waste determinations) §335.26 (Notification requirements) §335.27 (Legitimacy requirements) §335.32 (Non-waste determination standards and criteria) Chapter 335, Subchapter V (Reclamation standards) Citations for the Rule (30 TAC) §335.1 (Definitions) §335.17 (Special definitions) §§335.18 – 21 (Variances and Non-waste determinations) §335.26 (Notification requirements) §335.27 (Legitimacy requirements) §335.32 (Non-waste determination standards and criteria) Chapter 335, Subchapter V (Reclamation standards)

Citations for the Rule (40 CFR) §260.10 (Definitions) §§260.30 – 34 (Variances and non- waste determinations) §260.42 (Notification requirements) §260.43 (Legitimacy criteria) §261.1 (Purpose and scope & definitions) §261.2 (Definition of solid waste) §§261.4 (23, 24 and 27)(Exclusions) Citations for the Proposed Rule (40 CFR) §260.10 (Definitions) §§260.30 – 34 (Variances and non-waste determinations) §260.42 (Notification requirements) §260.43 (Legitimacy criteria) §261.1 (Purpose and Scope & definitions) §261.2 (Definition of solid waste) §§261.4 (23, 24 and 27) (Exclusions)

Highlights of the New Rule Formally defines the term, “Hazardous Secondary Material” (HSM) which is: A secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under part 261. Hazardous Secondary Material (HSM) Formally defines the term, “Hazardous Secondary Material” (HSM) which is: A secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under part 261.

Highlights of the New Rule Three new exclusions: Generator controlled exclusion (40 CFR §261.4(a)(23)) Verified recycler exclusion (40 CFR §261.4(a)(24)) Remanufacturing exclusion (40 CFR §261.4(a)(27)) Highlights of the New Rule 1. Generator controlled exclusion (Section 261.4(a)(23) 2. Verified recycler exclusion (40 CFR Section 261.4(a)(24) 3. Remanufacturing exclusion (40 CFR Section 261.4(a)(27)

Highlights of the New Rule Broadens exclusions from the definition of a solid waste for: Spent materials Listed by-products, and Listed sludges Highlights of the New Rule Broadens exclusions from the definition of a solid waste for: Spent materials Listed by-products, and Listed sludges

Highlights of the New Rule Legitimacy requirements Notification requirements Containment requirements Emergency Preparedness and Response requirements Stronger Speculative Accumulation language Highlights of the New Rule Legitimacy requirements Notification requirements Containment requirements Emergency Preparedness and Response requirements Stronger Speculative Accumulation language

Legitimacy Criteria 1. The HSM must provide a useful contribution to the recycling process or to a product or intermediate of that process. Legitimacy Criteria (40 CFR Section 260.43) 1. The HSM must provide a useful contribution to the recycling process or to a product or intermediate of that process.

Legitimacy Criteria 2. The HSM recycling process must produce a valuable product or intermediate. Legitimacy Criteria (40 CFR Section 260.43) 2. The HSM recycling process must produce a valuable product or intermediate.

Legitimacy Criteria 3. The generator of the HSM must manage the material as a valuable commodity when under its control. Legitimacy Criteria (40 CFR Section 260.43) 3. The generator of the HSM must manage the material as a valuable commodity when under its control.

Legitimacy Criteria 4. The product of the HSM recycling process must be comparable to a legitimate product or intermediate. Legitimacy Criteria (40 CFR Section 260.43) 4. The product of the HSM recycling process must be comparable to a legitimate product or intermediate.

Legitimacy Criteria No. 4 Of the four Legitimacy Criteria, it is the 4th criteria that has caused the most concern and produced the most questions. Legitimacy Criteria No. 4 Of the four Legitimacy Criteria, it is the 4th criteria that has caused the most concern and produced the most questions.

Legitimacy Criteria No. 4 Reasons: Several decision points; Use of subjective terms (e.g., “widely recognized commodity standards and specifications”); There is a general narrative as a means of satisfying criteria 4 Legitimacy Criteria No. 4 Reasons: Several decision points; Use of subjective terms (e.g., “widely recognized commodity standards and specifications”); There is a general narrative as a means of satisfying criteria 4

Notification Requirements Required of all facilities that generate, store, transport, or recycle HSM’s (40 CFR §260.42) Means of notification, EPA Form 8700-12. Tell what is being recycled, under what exclusion, and basic information such as who, when, where, how, etc. Re-notify by March 1 of every even numbered year Notification Requirements Required of all facilities that generate, store. transport, or recycle HSM’s (40 CFR §260.42) Means of notification, EPA Form 8700-12. Tell what is being recycled, under what exclusion, and basic information such as who, when, where, how, etc. Re-notify by March 1 of every even numbered year

Containment Requirements See 40 CFR Part 260.10 for definition In short, keep the HSM out of the environment, and if released, contain the release and promptly clean it up. Emergency Preparedness & Reponses Requirements See 40 CFR Part 260.10 for definition In short, keep the HSM out of the environment, and if released, contain the release and promptly clean it up.

Emergency Preparedness & Response Requirements 40 Code of CFR Part 261, Subpart M. The requirements apply to facilities operating under the “generator controlled” and “verified recycler” exclusion Emergency Preparedness & Reponses Requirements 40 Code of Federal Regulations Part 261, Subpart M. The requirements apply to facilities operating under the “generator controlled” and “verified recycler” exclusion

Stronger Speculative Accumulation Language Means of documenting whether speculative is occurring: Label on accumulation units; or Keep an inventory log or the like Stronger Speculative Accumulation Language Means of documenting whether speculative: Label on accumulation units; or Keep an inventory log or the like

HSM That CANNOT be Excluded Under §261.4(a)(23 or 24) HSM covered under other exclusions in §261.4(a) Lead acid batteries HSM that are accumulated speculatively HSM NOT be Excluded under Section 261.4(a)(23 or 24) HSM covered under other exclusions in Section 261.4(a) Lead acid batteries HSM that are accumulated speculatively

Non-waste Determinations New exclusion concept, similar to solid waste variances HSM that is reclaimed in a “continuous industrial process” and not discarded HSM that is indistinguishable in all relevant respects from a product or intermediate and is not discarded Non-waste Determinations New exclusion concept, similar to solid waste variances A. HSM that is reclaimed in a “continuous industrial process” and not discarded B. HSM that is indistinguishable in all relevant respects from a product or an intermediate and not discarded

Impact on Solid Waste Variances Notification required of changes in how HSM is managed under variances; 10 year maximum on variance life (can be renewed); Must re-notify by March 1 of every even numbered year; Addition of new variance for “verified recyclers”; and Places limits on when variances issued under §260.30(c)/§335.19(c) commence Impact on Solid Waste Variances Notification required of changes in how the HSM is managed under variances; 10 year maximum on the life of a variance (subject to renewal); Must re-notify by March 1 of every even numbered year; Addition of new variance for “verified recyclers”; and Places limits on when variances issued under Section 260.30(c)/Section 335.19(c) commence

Impact on Non-hazardous Industrial Waste There will be almost no impact on non- hazardous industrial wastes when recycled. They will remain subject to: 30 TAC §335.4 (General Prohibitions); 30 TAC §335.6 (Notification Requirements); and §26.121 of the Texas Water Code Impact on non-hazardous industrial waste There will be no almost impact on non-hazardous industrial wastes when recycled. They will remain subject to: 30 TAC §335.4 (General Prohibitions); 30 TAC §335.6 (Notification Requirements); and §26.121 of the Texas Water Code

How to Contact Us Texas Commission on Environmental Quality Industrial & Hazardous Waste Permits Section, MC130 PO Box 13087 Austin, Texas 78711-3087 E-Mail: IHWPER@tceq.state.tx.us My contact information (512) 239-6865 jesse.boultinghouse@tceq.texas.gov How to Contact Us Texas Commission on Environmental Quality Industrial & Hazardous Waste Permits Section, MC130 PO Box 13087 Austin, Texas 78711-3087 Phone: 512-239-6412 E-Mail: IHWPER@tceq.state.tx.us My contact information (512) 239-6865 jesse.boultinghouse@tceq.texas.gov