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.