1. 2015 Definition of Solid Waste Rule
Julie Woosley
Hazardous Waste Section Chief
Division of Waste Management
July 8, 2015

2. The 2015 Definition of Solid Waste final rule encourages recycling by:
Review:
The 2015 Definition of Solid Waste final rule encourages recycling by:
Retaining the 2008 generator-controlled exclusion for hazardous secondary material recycled under the control of the generator (on- site, same company and toll manufacturing recycling).
Replacing the 2008 transfer-based exclusion with a new verified recycler exclusion where off-site transfers for recycling must go to RCRA-permitted recyclers or recyclers that have obtained a variance from the state or EPA.
Codifying new flexible approaches in the legitimacy definition for closed-loop recycling and commodity-grade recycled materials.
Finalizing a new remanufacturing exclusion for higher-value hazardous solvents which are remanufactured into commercial-grade products.

3. Review:
The 2015 DSW final rule increases environmental safeguards by:
Codifying a new regulatory definition of the 2008 “contained” standard in order to prevent mismanagement of hazardous secondary materials during storage.
Replacing the 2008 exclusion for hazardous secondary materials transferred off-site with the verified recycler exclusion, increasing oversight by the state or EPA and thus preventing unpermitted facilities from receiving hazardous secondary material, unless they have obtained a variance from the state or EPA.
Codifying the sham recycling prohibition, requiring that all four legitimacy factors be met, and requiring legitimacy documentation when the recycled product has elevated levels of hazardous constituents.
Strengthening provisions related to variances and non-waste determinations, which are granted to facilities on a case-specific basis.

4. Review: National Economic Impacts of 2015 DSW Final Rule
Entities potentially affected by the 2015 DSW final rule include more than 5,000 industrial facilities in 634 industries (at the six-digit North American Industry Classification System (NAICS) code level) that generate or recycle hazardous secondary materials.
The 2015 DSW rule is estimated to reduce compliance costs to the regulated community compared to Subtitle C hazardous waste regulation and compared to the 2008 DSW final rule.
Adding a review process for requested variances for certified recyclers will be an additional cost to states.

5. Impacts to regulated NC facilities
Potential for up to four facilities (out of ten) to no longer be classified as TSD (treatment, storage and disposal) facilities, which will result in a decrease in fees and RCRA program demands.
Potential reduction of an estimated two out of 786 LQG and 90 out of 1782 SQG regulated facilities, which will result in a reduction of associated fees and RCRA program demands.
Option to become a verified recycler could result in additional fee decreases.
Potential impacts to recycling tax credits are negligible.

6. Impacts to the NC RCRA Program
Reduction in annual generator and tonnage fees to support the program: -$109,000 (estimated).
Increase of 1,134 hours/year (~0.5 FTE, $41,500/year) for new notifications, financial assurance, enforcement, verified recycler status, etc.
Decrease of 1,135 hours/year (~0.5 FTE) in site inspections due to fewer TSDs, LQGs and SQGs, resulting in a smaller number of enforcement actions.
Potential for additional spills/releases. $10, $63,420 (estimated) cost to program per spill/release.
Negligible impact to recycling and solid waste programs.
Do not anticipate an increase in spills/releases. Costs are based on time for NC RCRA program oversight/enforcement related to spill events, from a simple soil-only spill to a significant spill requiring permitting and ongoing monitoring.
Tonnage fees go to support the NC RCRA hazardous waste program and for matching federal RCRA grant dollars.

7. NC Rule Adoption
NC did not adopt the 2008 rule due to concerns about several issues, including: legitimacy criteria; storage standards for containers/tanks; storage on the land; and lack of EPA/state oversight of recycling facilities.
NC will be required to modify their program to adopt equivalent, consistent and no-less-stringent requirements.
The 2015 rule appears to address NC’s concerns with the rule except for one provision:
Storage on the land is allowed (but must meet definition of “contained”)
The Hazardous Waste Section would like to add additional clarification to address this concern.
NC must adopt at minimum those provisions in the 2015 DSW rule that are more stringent than the current hazardous waste program: (1) prohibition of sham recycling and the definition of legitimate recycling, (2) accumulation date tracking requirement for speculative accumulation provisions, and (3) changes to the standards and criteria for the solid waste variance and non-waste determinations.
Note: HWS recommends adoption of the full rule with clarification language to address allowing storage on the land.

8. Definition of Contained – Proposed Changes
§ Definitions * * * * *
Contained means held in a unit (including a land-based unit as defined in this subpart) that meets the following criteria:
The unit is in good condition, with no leaks or other continuing or intermittent unpermitted releases of the hazardous secondary materials or their hazardous constituents to the environment, and is designed, as appropriate for the hazardous secondary materials, to prevent releases of hazardous secondary materials to the environment. Unpermitted releases are releases that are not covered by a permit (such as a permit to discharge to water or air) and may include, but are not limited to, releases through surface transport by precipitation runoff, releases to soil and groundwater, windblown dust, fugitive air emissions, and catastrophic unit failures;
The unit is properly labeled or otherwise has a system (such as a log) to immediately identify the hazardous secondary materials in the unit; and
The unit holds hazardous secondary materials that are compatible with other hazardous secondary materials placed in the unit and is compatible with the materials used to construct the unit and addresses any potential risks of fires or explosions.
Hazardous secondary materials in units that meet the applicable requirements of 40 CFR parts 264 or 265 are presumptively contained.

9. When Does NC Need to Adopt?
Rule goes into effect when adopted by the state.
State must adopt the three mandatory requirements by July 1, 2017.
Will require rule-making to adopt provisions of the 2008 DSW rule that were not adopted by N.C. and to adopt the revisions of the Jan rule.

10. Recent Issues Lawsuits filed by interest groups on both sides.
Concerns in lawsuits not as specific as with Rule. Concerns: level of enforcement is too much or not enough.

11. GWWM Committee
The Hazardous Waste Section recommends that the GWWM Committee recommend to the full EMC: Adoption of the full definition of solid waste rule, with one additional clarification as shown on slide eight.

12. Questions?
Julie Woosley Hazardous Waste Section Chief