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Solid Waste: Hazardous Secondary Materials

Revisions to the definition of solid waste and exclusions for hazardous secondary materials.

The TCEQ has incorporated the U.S. Environmental Protection Agency’s rule revision to the definition of solid waste (2018 transfer-based exclusion). The revision applies to hazardous secondary materials (HSM) which may be excluded from the definition under certain conditions.

These materials may be exempted from being regulated as hazardous waste and allowed to be managed as non-solid waste. See 30 TAC 335.1 (160)

New Definition of Solid Waste Rule Overview

  • Revises several recycling provisions.
  • Encourages recycling of hazardous secondary materials.
  • Requires legitimate recycling and prohibits sham recycling.
  • Ensures no increased risk to human health and the environment.

What is HSM?

Hazardous secondary material means a secondary material (e.g., spent material, by-product, or sludge) that when discarded would be identified as hazardous waste. See 40 CFR 260.10: Hazardous Secondary Material   

HSM Exclusions

The exclusions allow for the legitimate recycling of material that would otherwise be identified as hazardous waste. This applies to both generators and facility operators.

Generator controlled exclusion:

HSM reclaimed under the control of the generator on-site within the same company or through certain tolling manufacturing agreements are excluded if all of the conditions of 40 CFR 261.4(a)(23) are met.

Transfer based exclusion:

HSM reclaimed off-site by a third party who is not the generator are excluded if all of the conditions of 40 CFR 261.4(a)(24) are met.

Remanufacturing exclusion:

HSM remanufactured off-site are excluded if all of the conditions of 40 CFR 261.4(a)(27) are met.

Legitimate Recycling Factors

Important: Must meet Factors 1-3 and must consider Factor 4 to be legitimate recycling.

  1. The hazardous secondary material must provide a useful contribution to the recycling process or to a product or intermediate of the recycling process.
  2. The recycling must produce a valuable product or intermediate.
  3. The hazardous secondary material must be managed as a valuable commodity.
  4. The product of recycling must be comparable to a legitimate product or intermediate.

See 30 TAC 335.27 and 40 CFR 260.43

HSM Notification Requirements

If you engage in legitimate recycling under the new solid waste exclusions you don’t need to submit an application or seek approval, provided certain conditions are met including notification requirements. See 30 TAC 335.26 and 40 CFR 260.42