HADCO
State Implementation Mechanisms
FINAL PROJECT AGREEMENT
PROJECT XL - HADCO CORP.
III Implementation Mechanisms
A. Federal Implementation Mechanisms
B. State Implementation Mechanisms
1. New Hampshire
2. New York
3. California - HADCO Corporations WWT sludge would exceed the California concentrations for extractable hazardous metals or for total metals content. Therefore, the WWT sludge would be classified as a hazardous waste in California, even if U.S. EPA did not consider it to be a federally listed or characteristic (RCRA) hazardous waste. However, California has a recycling exclusion that would apply to the WWT sludge under the following conditions:
If these two conditions are met and the WWT sludge qualifies for with Section 25143.2(d)(6) II&SC exclusion, then the WWT sludge would not be classified as a hazardous waste but as a "excluded recyclable material" in California. See relevant II&SC Sections (attached).
a) If U.S. EPA states that the waste is not subject to regulation as a hazardous waste under RCRA. For example, if the WWT sludge were delisted or received a solid waste variance under CFR 260.30. If so, the WWT sludge would be a non-RCRA hazardous waste in California.
b) If the sludge, which is hazardous primarily due to its copper content, qualifies for the exclusion under California's hazardous waste recycling law. Specifically, the WWT sludge would presumably qualify for the recycling exclusion under Section 25143.2(d)(6) of the California Health and Safety Code (II&SC) and DTSC policy because the WWT sludge is being used as a safe and effective substitute for a commercial product be being taken to a primary copper smelter to recover the copper. In that case, the primary copper smelter is using the WWT sludge as a safe and effective substitute for copper bearing ore.
The relevant parts of the California Health and Safety Code (H&SC) are listed below.
Section 25143.2 Recyclable materials; variances; materials exclude from classification as a waste; recycling at certain facilities; non-RCRA hazardous waste; materials considered hazardous wastes; provision of information
(a) ...
(d) Except as other provided in subdivisions (e), (f), (g), and (h), recyclable material which meets the definition of a non-RCRA hazardous waste in Section 25117.9, is managed in accordance with Section 25143.9, and meets or will meet any of the following requirements is excluded from classification as a waste:(c) Notwithstanding subdivisions (b), (c), and (d), all of the following recyclable materials are hazardous wastes and subject to full regulation under this chapter, even if the recycling involves use, reuse, or return to the original process as described in subdivision (b), or even if the recycling involves activities or materials described in subdivisions (c) and (d);
(1)...
(6) The material is used or reused as a safe and effective substitute for commercial products, if the material is not being treated except by one or more of the following procedures, and if any discharges to the air from the following procedures do not contain constituents which are hazardous wastes pursuant to the department's regulations and comply with applicable air pollution control laws:
(A) Filtering,
(B) Screening,
(C) Sorting,
(D) Sieving,
(E) Grinding,
(F) Physical or gravity separation, without the addition of external heat or any
chemicals,
(G) pH adjustment,
(H) Viscosity adjustment.
(1) Materials which are a RCRA hazardous waste, as defined in Section 25120.2, used in a manner constituting disposal, or used to produce products are applied to the land including, but not limited to, materials used to produce a fertilizer, soil amendment, agricultural mineral, or an auxiliary soil and plant substance.
(2) ...
(3) Materials burned for energy recovery, used to produce fuel, or contained in fuels, except materials exempted under paragraph (1) of subdivision (c) or excluded under subparagraph (B), (C), or (D) of paragraph (2) of subdivision (d).
(4) Materials accumulated speculatively.
(5) ...
(h)(1) Any person who manages a recyclable material under a claim that the material qualifies for exclusion or exemption pursuant to this section shall provide, upon request, to the department, the Environmental Protection Agency, or any local agency or official authorized to bring action as provided in Section 25180, all of the following information:
(2) Any person claiming an exclusion or exemption shall maintain adequate records to demonstrate to the satisfaction of the requesting agency or official that there is a known market or disposition for the material under claim that the material is excluded from classification as a waste pursuant to this section are met.
(A) The name, street and mailing address, and telephone number of the owner or operator of any facility that manages the material.
(b) Any information related to that person's management of the material requested by the department, Environmental Protection Agency, or any local agency of official.
(3) For the purposes of determining that the conditions for the exclusion from classification as a waste pursuant to this section are met, any person, facility, site, or vehicle engaged in the management of a material under a claim that the material is excluded from classification as a waste pursuant to this section shall be subject to Section 25185.
(g) For the purposes of Chapter 6.8 (commencing with Section 25300), recyclable materials excluded from classification as a waste pursuant to this section are not excluded from the definition of a hazardous substance in subdivision (g) of Section 25316.
25143.9 Recyclable materials; exclusion from classification as a waste
A recyclable material shall not be excluded from classification as a waste pursuant to subdivision (b) or (d) of Section 25143.2, unless all of the following requirements are met:
25143.10 Recyclable material exempted from waste reporting requirements; information to local health or public officer
(a) If the material is held in a container or tank, the container or tank is labeled, marked, and placarded in accordance with the department's hazardous waste labeling, marking, and placarding requirements which are applicable to generators, except that the container or tank shall be labeled or marked clearly with the words "Excluded Recyclable Material" instead of "Hazardous Waste", and manifest document numbers are not applicable. If the material is used oil. ....
(b) The owner or operator of the business location where the material is located has a business plan that meets the requirements of Section 25504, including, but not limited to, emergency response plans and procedures, as described in subdivision (b) of 25504, which specifically address the material or that meet the department's emergency response and contingency requirements which are applicable to generators of hazardous waste.
(c) The material shall be stored and handled with all local ordinances and codes, including, but not limited to, fire codes, governing the storage and handling of the hazardous material. If a local jurisdiction does not have an ordinance or code regulating the storage of the material, including but not limited to, an ordinance or code requiring secondary containment for hazardous material storage areas, the material shall be stored in tanks, waste piles, or containers meeting the department's interim status regulations establishing design standards applicable to tanks, waste piles, or containers storing hazardous waste.
(d) If the material is being exported to a foreign county, the person exporting the material shall meet the requirements of Section 25162.1.
(a) ...
.
.
(f) ...
25162.1. Recyclable material to be exported to another country; classification as waste; exemption
A recyclable material that is to be exported to a foreign country is not exclude from classification as a waste pursuant to subdivision (b) or (d) of Section 25143.2, unless the requirements of Sections 25143.2 and 25143.9 are met, and the person exporting the material has complied with all of the following requirements:
(1) ...
(a) The person notifies the department, in writing, four weeks before the initial shipment. This notification may cover export activities extending over 12-month or less period and shall include all of the following information:
.
.
(7) ..
(b) For each individual shipment, submit to the department, within 90 days of the shipment date, a copy of the waybill, shipping paper, or any document which includes all of the following information specific to that shipment:
(1) Each generator's name and address.
(2) Each receiving facility's name and address.
(3) The date of the shipment.
(4) The type, quantity, and value of the material.
25185. Inspections: report; contents; copy to operator; response; resulting action; public disclosure
(a) In order to carry out the purposes of this chapter, any authorized representative of the department or of the local health officer, may, at any reasonable hour of the day, or as authorized pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, do any of the following:
(1) Enter and inspect ...
(2) Carry out sampling activities ...
(3) Stop and inspect any vehicle, ...
(4) Inspect and copy any records, ...
(5) Photograph any waste, waste container, ...
(b) During the inspection, the inspector shall comply with ...
(c) (1) At the conclusion of the inspection, the inspector shall deliver to the operator of the facility or site a written summary of all violations alleged by the inspector, ...
(2) The inspector shall prepare an inspection report ...
(3) The operator of the site or facility which receives an inspection report pursuant to paragraph (2) shall submit a written response to the department within 60 days ....
(d) ... "Public disclosure." ...
(c) "Local health officer" ...