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EXCLUSIONS FROM REGULATION AS SOLID WASTEOne presentation in a series that briefly explains the Federal exclusions from full regulation for certain materials under the Resource Conservation and Recovery Act (RCRA).

This presentation: 40 CFR 261.4(a)(20):Hazardous Secondary Materials Used to Make

Zinc Fertilizers

40 CFR 261.4(a)(20)

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

A different kind of training.

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)• Paragraph ‘a’ of section 261.4 identifies 27 materials excluded from regulation as a solid waste.

• If a material does not meet the definition of a solid waste, it cannot be a hazardous waste.

Solid Waste

Hazardous Waste

40 CFR 261.4(a)(20)

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What is Excluded @ 40 CFR 261.4(a)?

1) Domestic sewage.2) Point source

discharge3) Irrigation return flow4) Radioactive waste 5) In-situ mining6) Pulping liquors7) Spent sulfuric acid8) Reclamation in

enclosed tanks9) Spent wood

preservatives10) Coke by-product

wastes11) Splash condenser

dross residue

40 CFR 261.4(a)(20)

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What is Excluded @ 40 CFR 261.4(a)?

12) Hazardous secondary materials from the petroleum refining industry

13) Excluded scrap metal14) Shredded circuits

boards15) Pulping condensates

derived from kraft mill steam strippers

16) Comparable fuels17) Mineral processing

secondary materials being recycled

18) Petrochemical recovered oil

19) Spent caustic solutions from petroleum refining

40 CFR 261.4(a)(20)

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What is Excluded @ 40 CFR 261.4(a)?

20) Hazardous secondary materials used to make zinc fertilizers

21) Zinc fertilizers made from hazardous wastes

22) Used cathode ray tubes (CRTS)

23) Hazardous secondary material reclaimed by generator

24) Hazardous secondary material transferred to verified recycler

25) Hazardous secondary material exported from U.S. for reclamation

26) Solvent-contaminated wipes sent for cleaning & reuse

27) Solvent Remanufacturing

40 CFR 261.4(a)(20)

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Hazardous Secondary Materials Used to Make Zinc Fertilizers

“EPA promulgated a conditional exclusion from the definition of solid waste for hazardous secondary materials that are recycled to make zinc fertilizers or zinc fertilizer ingredients. Zinc, an important micronutrient for plants and animals, can be removed from zinc-rich manufacturing residue and used to produce zinc micronutrient fertilizer. A second conditional exclusion applies to the zinc fertilizer products made from these secondary materials.”

2014 RCRA Orientation Manual

40 CFR 261.4(a)(20)

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“The following materials are not solid wastes for the purpose of this part…”• Hazardous secondary materials used to make zinc fertilizers (aka: zinc micronutrient fertilizers).

If…• Not speculatively accumulated.And…• Generators subject to this exclusion complete the hazardous waste determination.

40 CFR 261.4(a)(20)

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“The following materials are not solid wastes for the purpose of this part…”• Requirements for generators & intermediate handlers of excluded hazardous secondary materials:• Submit 1-time notice to USEPA or state.• Provide written notice to receiving facility w/ each shipment that material is subject to this conditional exclusion.

• Maintain records onsite of each shipment for three years.

40 CFR 261.4(a)(20)

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“The following materials are not solid wastes for the purpose of this part…”• Requirements for generators & intermediate handlers of excluded hazardous secondary materials:• Store in one of the following, constructed & maintained to prevent a release to environment.• Tanks• Containers• Buildings

40 CFR 261.4(a)(20)

At a minimum…

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“The following materials are not solid wastes for the purpose of this part…”• Minimum requirements for buildings used to store excluded hazardous secondary materials:• Engineered structure.• Made of non-earthen materials that provide structural support.

• Floor, walls, & roof that prevent wind dispersal & contact w/ rainwater.

40 CFR 261.4(a)(20)

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“The following materials are not solid wastes for the purpose of this part…”

• Minimum requirements for tanks used to store excluded hazardous secondary materials:• Structurally sound.• Roof or cover if outdoors.

40 CFR 261.4(a)(20)

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“The following materials are not solid wastes for the purpose of this part…”• Minimum requirements for containers used to store excluded hazardous secondary materials:• Closed at all times except to add or remove material.

• Sound condition.• If outdoors:

• Containment structures to contain leaks & precipitation.

• Effective drainage for leaks & precipitation.• Prevent run-on into containment.

40 CFR 261.4(a)(20)

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“The following materials are not solid wastes for the purpose of this part…”• Requirements for manufacturers of zinc fertilizers made from excluded hazardous secondary materials:• Store in same manner as generators & intermediate handlers.

• Submit 1-time notification to USEPA or state.• Maintain records of shipments received.• Submit annual report to USEPA or state.

40 CFR 261.4(a)(20)

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More to Consider (1)…• This conditional exclusion identifies 3 entities involved in the management of an excluded hazardous secondary material:• Generating facility.• Intermediate facility.

• Defined at §260.10 as any facility that stores hazardous secondary materials for more than 10 days, other than a hazardous secondary material generator or reclaimer of such material.

• Manufacturer of zinc fertilizer or zinc fertilizer ingredients.

40 CFR 261.4(a)(20)

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More to Consider (2)…• Hazardous secondary material is defined at §260.10 as a secondary material that, when discarded, would be identified as hazardous waste.

• A secondary material is one of the following:• Spent material• By-product• Sludge

40 CFR 261.4(a)(20)

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More to Consider (3)…• Speculative accumulation occurs whenever a hazardous secondary material is accumulated & the following can not be demonstrated:

1. Material is potentially recyclable & has a feasible means of being recycled.

2. Of amount on-site at beginning of calendar year (January 1), 75% by weight or volume is recycled (on-site or off-site) by end of calendar year (December 31st).

• The speculative accumulation provision was strengthened by the 2015 DSW. More…

40 CFR 261.4(a)(24)

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More to Consider (4)…• Interim & permitted storage units used to store zinc-bearing hazardous wastes in the past but now store only excluded hazardous secondary materials are not subject to the closure requirements of 40 CFR Parts 264 & 265.• Read more about generator closure requirements.

• Read more about the difference between Parts 264 & 265.

40 CFR 261.4(a)(20)

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More to Consider (5)…• From the 2014 RCRA Orientation Manual (slide #7 of this presentation):“A second conditional exclusion applies to the zinc fertilizer products made from these secondary materials.”

The above statement refers to 40 CFR 261.4(a)(21), which is a conditional exclusion for the zinc fertilizers made from hazardous secondary materials subject to this exclusion.

40 CFR 261.4(a)(20)

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More to Consider (6)…• Check with your State as it may not recognize this Federal exclusion.

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20) Verbatim:(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:…(20) Hazardous secondary materials used to make zinc fertilizers, provided that the following conditions specified are satisfied:(i) Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively, as defined in §261.1 (c)(8).(ii) Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers must:

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20) Verbatim:(A) Submit a one-time notice to the Regional Administrator or State Director in whose jurisdiction the exclusion is being claimed, which contains the name, address and EPA ID number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this paragraph (a)(20).

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20) Verbatim:(B) Store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose must be an engineered structure made of non-earthen materials that provide structural support, and must have a floor, walls and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs or covers that prevent contact with wind and rain. Containers used for this purpose must be kept closed except when it is necessary to add or remove material, and must be in sound condition. Containers that are stored outdoors must be managed within storage areas that:

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20) Verbatim:(1) Have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation; and(2) Provide for effective drainage and removal of leaks, spills and accumulated precipitation; and(3) Prevent run-on into the containment system.

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20) Verbatim:(C) With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this paragraph (a)(20).(D) Maintain at the generator's or intermediate handlers's facility for no less than three years records of all shipments of excluded hazardous secondary materials. For each shipment these records must at a minimum contain the following information:

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20) Verbatim:(1) Name of the transporter and date of the shipment;(2) Name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment; and(3) Type and quantity of excluded secondary material in each shipment.

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20) Verbatim:(iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must:(A) Store excluded hazardous secondary materials in accordance with the storage requirements for generators and intermediate handlers, as specified in paragraph (a)(20)(ii)(B) of this section.

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20) Verbatim:(B) Submit a one-time notification to the Regional Administrator or State Director that, at a minimum, specifies the name, address and EPA ID number of the manufacturing facility, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this paragraph (a)(20).

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20) Verbatim:(C) Maintain for a minimum of three years records of all shipments of excluded hazardous secondary materials received by the manufacturer, which must at a minimum identify for each shipment the name and address of the generating facility, name of transporter and date the materials were received, the quantity received, and a brief description of the industrial process that generated the material.

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20) Verbatim:(D) Submit to the Regional Administrator or State Director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process(s) from which they were generated.

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20) Verbatim:(iv) Nothing in this section preempts, overrides or otherwise negates the provision in §262.11 of this chapter, which requires any person who generates a solid waste to determine if that waste is a hazardous waste.

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20) Verbatim:(v) Interim status and permitted storage units that have been used to store only zinc-bearing hazardous wastes prior to the submission of the one-time notice described in paragraph (a)(20)(ii)(A) of this section, and that afterward will be used only to store hazardous secondary materials excluded under this paragraph, are not subject to the closure requirements of 40 CFR Parts 264 and 265.

40 CFR 261.4(a)(20)

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40 CFR 261.4(a)(20)