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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).



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);

(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.

(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) ...
.
.
(f) ...

25162.1. Recyclable material to be exported to another country; classification as waste; exemption