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printreg, November, 2000
RE: TCLP film


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From:SSchuler(SSchuler@PIMN.ORG)
Date:Wed, 8 Nov 2000 16:01:24 -0600


Dear Ms. Davis. I am not familiar with how hazardous waste is regulated in Missouri. Are the federal regulations enforced or is the state of Missouri an authorized state to develop their own Hazwaste rules that are at least as stringent as the federal rules? If they are simply enforcing the federal rules, they have no right to tell you that film negatives need to be TCLP'd if they are going for recycling or reclamation. The federal rules do have a precious metals exemption for materials that are recycled. I have talked to film manufacturers and they will not verify any TCLP data on waste film because it is so variable and because of the numerous types of film that they sell. Please let me know if any manufacturers are willing to go to that expense for you. Following are the federal regulations pertaining to managing the type of materials you are concerned about. If Missouri is an authorized state to manage and enforce hazardous waste regulations, then I would talk to the right people in the hazwaste section to have them point out the specifics in the rules that requires TCLP testing of spent film and fixer, etc. Following are the federal regulatory sections that pertain to the materials of concern: CFR 40 Part 261.6 - "Requirements for recyclable materials. (a)(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (b) and (c) of this section, except for the materials listed in paragraphs (a)(2) and (a)(3) of this section." CFR 40 Part 261.6 (a)(2) - "The following recyclable materials are not subject to the requirements of this section but are regulated under subparts C through H of part 266 of this chapter and all applicable provisions in parts 270 and 124 of this chapter." iii) - "Recyclable materials from which precious metals are reclaimed (subpart F)." ****Sherry, This means that spent film and spent fixer that contains silver and is processed offsite to recover silver as a precious metal, must be managed as per subpart F of CFR 40 Part 266.**** "Subpart F = Precious Materials Utilized for Precious Metal Recovery: CFR 40 Part 266.70 - Applicability and requirements. (a) The regulations of this subpart apply to recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, ..... or any combination of these. (b) Persons who generate, transport, or store recyclable materials that are regulated under this subpart are subject to the following requirements: (1) Notification requirements under section 3010 of RCRA; (2) Subpart B of part 262 (for generators), 262.20 and 263.31 (for transporters), and 265.71 and 265.72 (for persons who store) of this chapter. (c) Persons who store recycled materials that are regulated under this subpart must keep the following records to document that they are not accumulating these materials speculatively (as defined in 261.1(c) of this chapter); (1) Records showing the volume of these materials stored at the beginning of the calendar year; (2) The amount of these materials generated or received during the calendar year; and (3) The amount of materials remaining at the end of the calendar year." ****Now what does all this really mean? It means that as a generator of a precious metal waste that is being recycled for precious metal recovery, one must do the following**** 1. PRELIMINARY NOTIFICATION Under Section 3010, the statute requires any person generating, transporting, treating, storing, or disposing of hazardous waste to notify the Administrator. The notification must be filed no later than 90 days after a facility becomes subject to regulation under Subtitle C. It must state the location, general description of site activities, and hazardous waste that is being handled. This notification provision is used by the Agency to issue EPA identification numbers. Currently, EPA Form 8700-12 is used to notify EPA of regulated waste activity. 2. COMPLY WITH THE FOLLOWING MANIFESTING REQUIREMENTS Subpart B—The Manifest § 262.20 General requirements. (a) A generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal must prepare a Manifest OMB control number 2050–0039 on EPA form 8700–22, and, if necessary, EPA form 8700–22A, according to the instructions included in the appendix to part 262. (b) A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest. (c) A generator may also designate on the manifest one alternate facility which is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility. (d) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the waste. (e) The requirements of this subpart do not apply to hazardous waste produced by generators of greater than 100 kg but less than 1000 kg in a calendar month where: (1) The waste is reclaimed under a contractual agreement pursuant to which: (i) The type of waste and frequency of shipments are specified in the agreement; (ii) The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste; and (2) The generator maintains a copy of the reclamation agreement in his files for a period of at least three years after termination or expiration of the agreement. (f) The requirements of this subpart and § 262.32(b) do not apply to the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way. Notwithstanding 40 CFR 263.10(a), the generator or transporter must comply with the requirements for transporters set forth in 40 CFR 263.30 and 263.31 in the event of a discharge of hazardous waste on a public or private right-of-way. § 262.21 Acquisition of manifests. (a) If the State to which the shipment is manifested (consignment State) supplies the manifest and re-quires its use, then the generator must use that manifest. (b) If the consignment State does not supply the manifest, but the State in which the generator is located (generator State) supplies the manifest and requires its use, then the generator must use that State’s manifest. (c) If neither the generator State nor the consignment State supplies the manifest, then the generator may obtain the manifest from any source. § 262.22 Number of copies. The manifest consists of at least the number of copies which will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and another copy to be re-turned to the generator. § 262.23 Use of the manifest. (a) The generator must: (1) Sign the manifest certification by hand; and (2) Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and (3) Retain one copy, in accordance with § 262.40(a). (b) The generator must give the transporter the remaining copies of the manifest. (c) For shipments of hazardous waste within the United States solely by water (bulk shipments only), the generator must send three copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter. (d) For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator must send at least three copies of the manifest dated and signed in accordance with this section to: (1) The next non-rail transporter, if any; or (2) The designated facility if transported solely by rail; or (3) The last rail transporter to handle the waste in the United States if exported by rail. (e) For shipments of hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility. ****Therefore, in summary, recyclable materials from which precious metals are recovered are exempt from full hazardous waste regulations. These materials are subject to administrative requirements only, including obtaining an EPA identification number, complying with recordkeeping requirements, using a manifest when shipping materials off site, and complying with land disposal restrictions notification requirements. In Minnesota, printers who generate less than 100 kg/month of hazardous waste do not have to ship their spent film and fixer using a manifest, the shipping containers do not need to meet DOT standards, and they don't even have to use a transporter licensed by the Minnesota DOT. Generators are still required to disclose the waste, comply with accumulation limits and standards, and ensure that the waste is being properly recycled or disposed. The spent film and fixer is still subject to hazardous waste fees and any additional county requirements. Minnesota counties have the power to adopt more stringent requirements than those established by the Minnesota Pollution Control Agency though few do. Your situation may be similar to this. Good luck. I hope this is helpful to you. Scott Schuler Environmental Director Printing Industry of Minnesota, Inc. 2829 University Avenue SE, Suite 750 Minneapolis, MN 55414-3222 Main Number: (612) 379-3360 Direct Number: (612) 379-6006 Fax: (612) 379-6030 e-mail: sschuler@pimn.org website: www.pimn.org



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