RCRA and the Retail World

June 2011

Phyllis Harris

Vice President

EH&S Compliance

2

• Discuss Walmart ‘s comments in response to Executive Order 13563 -

Improving Regulation and Regulatory Review

• Request EPA’s consideration for further discussions on the issues

presented in Walmart ‘s comments to find solutions that remain

protective of human health and the environment.

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Objectives

“Well, if it goes in your coffee, it is not hazardous waste.”

President Obama, Wall Street Journal, Jan. 18, 2011 at A17.

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• Complex Regulatory Requirements

• Breadth of Compliance

• Number of Facilities

• 100% Compliance 100% of the Time

• Skills Gap

Challenges to RCRA Execution in the Retail World

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4

RCRA Regulation of Consumer Goods

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* Approximates

0.5% of 1.7 billion

regulated items

sold are managed

as Hazwaste by

Walmart

(10 Million)

100 Billion Items

Sold to Consumers

0.01% managed as

Hazwaste by Walmart

(10 Million)

1.7% of 100 Billion

Items Sold are RCRA

regulated if waste

(1.7 Billion)

Solid Waste

Hazardous

Waste

5 Walmart Confidential Business Information

The Confusing World of Consumer Products as Hazardous Waste

A typical Walmart Supercenter contains over 500,000 individual items (SKUs)

Product make-up is trade secret

MSDS not required to indicate if product

RCRA regulated if it becomes a waste

These products are regulated under other

regimes and are “safe” for consumer use

AND consumer disposal

If it is safe to consume or place on your

body or play with and 99.5% of it is

disposed of in municipal landfills – does it

make sense to manage 0.5% of the exact

same product as HW?

6 Walmart Confidential Business Information

Lead Acid Batteries

Universal Waste

Mercury Lamps & Equipment

Recalled Pesticides

Hazardous Waste Acute Hazardous Waste

Vitamins

TCLP –Selenium/Chromium

Aerosols

D001

D003 - Reactive?

Are they empty?

P-Listed

Not Hazardous

7 Walmart Confidential Business Information

Not Solid Wastes

Cathode Ray Tubes

40 CFR 261.4(a)(22)

Shredded Circuit Boards

40 CFR 261.4(a)(14)

Are these Hazardous Waste?

Electronic Kung-Fu Panda Doll Food Processor

Kid’s Make-up Set Kid’s Clothing Set

w/ Lead in Zipper

8 Walmart Confidential Business Information

EPA proposed Universal Waste Rule – 73 Fed. Reg. 73520 (Dec. 2, 2008)

“Facilitate better management of pharmaceutical

wastes…”

“Ensures that these hazardous pharmaceutical

wastes are properly disposed of and treated as

hazardous wastes.”

“…opportunity for all pharmaceutical

wastes, hazardous or not, to be managed as a

single waste stream.”

“…reverse distribution system for

pharmaceuticals helps ensure that unused and

expired pharmaceuticals do not get diverted to

inappropriate uses, and that the returned

pharmaceuticals, are managed appropriately.”

Pharmaceutical Consumer Products

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Regulatory Focus on Retail

Increasing Regulatory Interest

• Total Environmental Regulatory

Contacts

1,035 - FY’09 and 2,466 - FY’11

• “Waste” Related Contacts

543 - FY’09 and 1,533 - FY’11

• 138% and 182% increases

respectively

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62%

38%

Regulatory Activity - FY'11

Waste Related

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• Finalize Pharmacy Universal Waste Rule

• Reconsider UW Rule for Consumer Products

72 Fed. Reg. 23281 (Apr. 30, 2007)

“This proposed action will streamline the current

regulations governing these wastes, ensuring

that… consumer product wastes are properly

managed...”

• Establish workgroup to clarify complex

retail regulatory issues, such as:

– Aerosols

– Electronic devices

– Reverse Distribution

– Bagged FIFRA pesticides

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Conclusion

11

Thank You!

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