### Puerto Rico Conference Talking Points – Mike Hastry

 This rule is j ust 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 reall y not adding new wastes – these materials have historically b een 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/det ermining legitimacy is extra work)  Many s tates feel they

m ay not have the appropriate resources (even through they support recycling). If recycling was eas y, every body would be doing it .  Another concern is the potential regulatory ambiguity

f or states that do not adopt the rule
– especially

i f their state generated Haz Waste end s up in a state that has adopted the rule. 

### Good aspects of the r

ule to offset con cerns :  Legitimacy

Rule
– best aspect of this rule , as it takes all the policies/rule s and puts it in one location (although reall y need preamble language to h elp) . While it is for HSM exemption only, we are using as a template/policy f or all ex emption requests .  Containment Rule
– I f 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 & Re claimers
– must file reports & receive EPA approval.  10 D ay

HW transfer facilities cannot store HSM in ex cess of the 10 days otherwise considered an “intermediate facility”  Even though generators performing due diligence and forwarding HSM to Intermediate facilities or recyclers may b e not liable for RCRA violations should problem occur at the Intermediate facility o r the Recyclers (spills , discharge s, 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 i s that most will remain regular RCRA generators , although they may change generator status .  Intermediate facilities require site IDf orm/notification and financ ial 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 . F rom a regulatory perspective, no one likes drums with nothing written on them . M akes 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 the se facilities will develop and function/operate. An area where States may n eed to be more stringent depending on how these develop.  CESQG/SQG generators may ne ed help with this rule. Although TSD ’s appear to be maneuvering to using HSM as a marketing tool and would help small generato rs. 

### Why NJ adopted the R

ule :  NJ do es lots of inspections . TSD's are inspected weekl y and we do approximately 2,000 generator inspections per ye ar. W e 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 o verlay f or all recycling activities . I f a TSD eventuall y handle s only HSM, they w ould now be considered a Class D Recycling Center which require s local inclusion in County p lan, an Approval from the State and be inspected monthly .