1. 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

2. 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

3. 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

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

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

6. 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.

7. 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)

8. 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

9. 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

10. 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 )
1. The HSM must provide a useful contribution to the recycling process or to a product or intermediate of that process.

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

12. 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 )
3. The generator of the HSM must manage the material as a valuable commodity when under its control.

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

14. 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.

15. 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

16. Notification Requirements
Required of all facilities that generate, store, transport, or recycle HSM’s (40 CFR §260.42)
Means of notification, EPA Form
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
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

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

18. 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

19. 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

20. 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

21. 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

22. 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 (c)/Section (c) commence

23. 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
§ 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
§ of the Texas Water Code

24. How to Contact Us Texas Commission on Environmental Quality
Industrial & Hazardous Waste Permits Section,
MC130
PO Box 13087
Austin, Texas
My contact information
(512)
How to Contact Us
Texas Commission on Environmental Quality
Industrial & Hazardous Waste Permits Section,
MC130
PO Box 13087
Austin, Texas
Phone:
My contact information
(512)