Puerto Rico Conference Talking Points – Mike Hastry

This rule is just another exemption – one of many.

As with other exemptions, the nature of the material and the recycling
process determine the degree of regulation.

We’re really not adding new wastes – these materials have
historically been recycled – just handled as hazardous waste.

Less Regulation

Big concern for many states is resources needed to ascertain compliance
with the new Exemption – Recycling is extra work (responding
to/investigating/determining legitimacy is extra work) 

Many states feel they may not have the appropriate resources (even
through they support recycling). If recycling was easy, everybody would
be doing it.

Another concern is the potential regulatory ambiguity for states that do
not adopt the rule – especially if their state generated Haz Waste
ends up in a state that has adopted the rule.

Good aspects of the rule to offset concerns: 

Legitimacy Rule – best aspect of this rule, as it takes all the
policies/rules and puts it in one location  (although really need
preamble language to help).  While it is for HSM exemption only, we are
using as a template/policy for all exemption requests.  

Containment Rule – If you have a spill or discharge, HSM is a
hazardous waste – can cite for failure to minimize release etc.

Annual notification for HSM – one time only for regular generators.

Controls on Imports/Exports:

For generator controlled exclusion – must generate & recycle in US.
– can’t export

For Intermediate Facilities & Reclaimers – must file reports & receive
EPA approval.

10 Day HW transfer facilities cannot store HSM in excess of the 10 days
otherwise considered an “intermediate facility”

Even though generators performing due diligence and forwarding HSM to
Intermediate facilities or recyclers may be not liable for RCRA
violations should problem occur at the Intermediate facility or the
Recyclers (spills, discharges, abandonment, etc) CERCLA still applies
– generator is still ultimately responsible.

While some HSM generators may not have to comply with emergency response
requirements and training – the reality is that most will remain
regular RCRA generators, although they may change generator status.

Intermediate facilities require site ID form/notification and financial
assurance (same as reclaimers).

TSD’s are not considered HSM generators if just accepting from true
generators – cannot re-manifest HW as their own HSM waste (including
CESQG waste).

Issues that are more difficult (could be problematic):

Need labeling of HSM containers/tanks for both exclusions.  From a
regulatory perspective, no one likes drums with nothing written on them.
 Makes an inspector nervous.

Recycling units not regulated by EPA or most states.  Opens up a can of
worms regarding the “mixing” of HW and HSM. Can mixings occur in
process tanks? How to prove HSM drums recycled?  Need to consider ratio
of feedstock to waste residue?

Intermediate facilities – As this rule is in its infancy, not exactly
sure how these facilities will develop and function/operate. An area
where States may need to be more stringent depending on how these
develop.

CESQG/SQG generators may need help with this rule. Although TSD’s
appear to be maneuvering to using HSM as a marketing tool and would help
small generators.

Why NJ adopted the Rule: 

NJ does lots of inspections.  TSD's are inspected weekly and we do
approximately 2,000 generator inspections per year.  We feel we have
decent oversight of the industry.

NJ charges inspection fees based on any entity that has an active EPA
ID#.  All HSM generators will have to maintain a number so they will not
full under our radar.

NJ has a separate regulatory overlay for all recycling activities.  If a
TSD eventually handles only HSM, they would now be considered a Class D
Recycling Center which requires local inclusion in County plan, an
Approval from the State and be inspected monthly. 

