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The New Notification Requirement if Recycling Hazardous Secondary Materials Under the EPA Regulations of the 2015 Definition of Solid Waste Final Rule

The New Notification Requirement if Recycling Hazardous Secondary Materials Under the EPA Regulations of the 2015 Definition of Solid Waste Final Rule

The 2015 Definition of Solid Waste Final Rule, which became effective at the Federal level on July 13, 2015, both added new and revised existing exclusions from regulation as a solid waste for hazardous secondary materials that are recycled by reclamation.  A generator of the hazardous secondary material taking advantage of the exclusions – and you should if you can – will be required to submit a notification to the EPA or their state.  The purpose of this article is to identify and explain the requirement to submit a notification per 40 CFR 260.42 for recycling by reclamation of a hazardous secondary material under the regulations codified under the 2015 Definition of Solid Waste final rule.

The requirement for this notification is found in four distinct areas of Title 40 of the Code of Federal Regulations; each created new or revised by the codification of the 2015 DSW Rule.  They are:

  • §260.30 – Non-waste determinations and variances from classification as a solid waste
  • §261.4(a)(23) – Generator-controlled exclusion for recycled hazardous secondary materials
  • §261.4(a)(24) – Verified recycler exclusion for recycled hazardous secondary materials
  • §261.4(a)(27) – Remanufacturing exclusion for spent solvents

The requirement to submit the notification is the responsibility of all facilities handling hazardous secondary materials under the above regulations.  This may mean the generator, the recycler/remanufacturer, or both.

40 CFR 260.42(a) seems clear that the form required is the Federal 8700-12 Form (also known as the Notification of Regulated Waste Activity or, more simply, the Site ID Form) and that it must be submitted to the EPA.  But not so fast.  That is true unless your state is authorized to enforce the regulations of the 2015 DSW.  If it is, then you might have to use a state-specific form and must submit it to your state environmental regulatory agency.  Also note, your state can choose to adopt these regulations as is or it may make them more strict.

Despite the intent of the regulations, EPA is aware that the process to update the Site ID form to reflect the new 2015 Definition of Solid Waste final rule will likely not be completed by the time some facilities are required to notify. Therefore, EPA is issuing interim guidance to explain how facilities should meet the new notification requirement using the existing Site ID form:  Interim Procedure for Submitting Notifications under the 2015 Definition of Solid Waste Final Rule

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

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What is unlikely to change – either Federal or state – is the requirement to submit the notification prior to engaging in the regulated recycling exclusion and then by March 1st of every even-numbered year thereafter.  And, if you stop managing hazardous secondary materials as indicated in the notification, you must notify the EPA (or your authorized state) within thirty days using EPA Form 8700-12 or a state-specific version if required.

Question:

How do I determine if I have stopped managing hazardous secondary materials subject to the exclusions of the 2015 DSW and therefore must notify the EPA/state that I have “stopped”?

Answer:

For purposes of this section, a facility has stopped managing hazardous secondary materials if the facility no longer generates, manages and/or reclaims hazardous secondary materials under the regulation(s) above and does not expect to manage any amount of hazardous secondary materials for at least 1 year.

In addition to using the Federal or state form, 40 CFR 260.42 specifies the following information must be included:

  • The name, address, and EPA ID number (if applicable) of the facility.
  • The name and telephone number of a contact person.
  • The NAICS code of the facility
  • The regulation under which the hazardous secondary materials will be managed (see this article above).
  • When the facility began or expects to begin managing the hazardous secondary materials in accordance with the regulation.
  • A list of hazardous secondary materials that will be managed according to the regulation.  Use the EPA hazardous waste numbers (e.g. D001, F003…) that would apply if the hazardous secondary materials were managed as hazardous wastes.
  • Whether the hazardous secondary material, or any portion of it, will be managed in a land-based unit.
  • The quantity of each hazardous secondary material to be managed annually.

And…

  • The certification (included in EPA Form 8700-12) signed and dated by an authorized representative of the facility.

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Remember, the notification is only required if you are taking advantage of one of the recycling exclusions or variances of the 2015 Definition of Solid Waste Final Rule.