DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Proposed Amendment of § 261.1(d)(4) Definition of “Reclaimed”

1) The definition of “Reclaimed” in  § 261.1(d)(4) is revised to read as follows:

§ 261.1 Purpose and scope. 

******* 

(d)  For the purposes of §§ 261.2 and 261.6:

(1) *****
 
(2) ***** 
 
(3) ***** 

(4) A material is “reclaimed” if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents. 

(4) A material is “reclaimed” if it is processed to recover a useable product, or if it is regenerated.  Examples are recovery of lead values from spent batteries and regeneration of spent solvents. A direct and continuous process that does not produce either an intermediate which is fed directly into a manufacturing process, or a useable product, is considered treatment and must be conducted in accordance with: 

(i)  The applicable treatment requirements of § 100.21(d);

(ii)  The testing, tracking, and recordkeeping requirements of § 268.7;

(iii)  The permit requirements under § 100.10; or

(iv)  A permit issued by the Department.

(5) *****
2) Section 8.80 {Statement of Basis and Purpose for the Rulemaking Hearing of November 20, 2012} is added to Part 8 of the Regulations to read as follows:
Statement of Basis and Purpose
Rulemaking Hearing of November 20, 2012
8.80	Basis and Purpose.
This amendment to 6 CCR 1007-3, Part 261 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
 Amendment of § 261.1(d)(4) Definition of “Reclaimed” 
This amendment modifies the definition of “Reclaimed” in paragraph (d)(4) of § 261.1 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) by deleting the existing definition, and adopting a definition analogous to the federal definition found at 40 CFR § 261.1(c)(4).   

The state definition of “reclaimed” was modified as part of the Legitimate Recycling Amendments adopted by the Commission on February 16, 2010.  The Legitimate Recycling Amendments established hazardous waste recycling legitimacy criteria at § 261.2(f) for distinguishing legitimate recycling from “sham” recycling practices, and activities undertaken by an entity to avoid the requirements of managing a hazardous material as a hazardous waste. Because there are significant economic incentives to manage hazardous materials outside the RCRA regulatory system, there is a potential for some handlers to claim that they are recycling, when, in fact, they are conducting waste treatment, storage and /or disposal in the guise of recycling.

An unintended consequence resulting from the adoption of the revised § 261.1 definition of “reclaimed” is that the definition negatively impacts facilities that conduct multi-stage reclamation.  Under the existing definition, multi-stage reclamation is precluded unless the recycling is conducted in accordance with permit-by-rule requirements for generator treatment in accordance with § 100.21(d) of the Regulations, which require compliance with the Part 262 requirements for accumulation tanks or containers, or in accordance with a permit.

For example, a Colorado company reclaims silver from photographic fixer solutions in a multi-step reclamation process.  As § 261.1(d)(4) is currently written, the facility would have to upgrade the entire reclamation process to comply with the Subpart J tank standards, even though the entire process is already conducted within a secondary containment system.

Another Colorado company is planning to build a new facility for recycling off-specification solar panels.  The proposed recycling process would include the following steps:
•             Size reduction in a shredder followed by processing in a hammer mill;
•             Film removal by treatment with acid and hydrogen peroxide;
•             Solid liquid separation;
•             Glass/laminate separation with a vibrating screen;
•             Glass rinsing; and 
•             Metals precipitation and dewatering.

Under the current definition, this multi-stage recycling process would require a Part B permit, as many of the components would not meet the definition of a tank or container and would be considered miscellaneous units.

The adoption of this amendment provides consistency with the federal definition of “reclaimed” at 40 CFR § 261.1(c)(4), and removes the unintended consequence of requiring facilities conducting multi-stage reclamation to comply with the additional technical standards for accumulation tanks and containers.