Bottle of Wine.... Gallo Glass vs. DTSC - Part 5

There is RCRA the Law and RCRA the Regulation.

As generators of stuff, we pay attention to the regulations.  Now I know, California has their own take on this.  But when you call something a "RCRA hazardous waste" it means under the federal definitions 30 CFR 261.

Your state can be more stringent on what it wants done, but it cannot change this definition.  It belongs to RCRA and RCRA regulations for hazardous waste determination begin in 40 CFR Part 261.

[261.1] This part identifies those solid wastes which are subject to regulation as hazardous wastes under parts 262 through 265, 268, and parts 270, 271, and 124 of this chapter and which are subject to the notification requirements of section 3010 of RCRA. In this part:

(a)(1) Subpart A defines the terms ‘‘solid waste’’ and ‘‘hazardous waste’’, identifies those wastes which are excluded from regulation under parts 262 through 266, 268 and 270 and establishes special management requirements for hazardous waste produced by conditionally exempt small quantity generators and hazardous waste which is recycled.

This is how you make sausage, so bear with me...

(b)(1) The definition of solid waste contained in this part applies only to wastes that also are hazardous for purposes of the regulations implementing subtitle C of RCRA. For example, it does not apply to materials (such as non-hazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and that are recycled. 

This is kind of important here.  If a material is not hazardous and it will be recycled, the EPA is telling us that that stuff is not the Droids they are looking for.

Because we know (assume to know) that the EP sludge is characteristic toxic for arsenic, cadmium, lead, and selenium, (b)(1) applies to Gallo Glass' EP sludge.

Help me 40 CFR 261.2(c)(3) you are my only hope!

This brings us to the definition of "solid waste" in 40 CFR 261.2.  Ya' can't have a hazardous waste unless you have a solid waste. Here is where we make the sausage good!

[261.2(a)(1)] A solid waste is any discarded material that is not excluded...

[261.2(b)(1)]  A discarded material is any material which is...

[261.2(b)(1)(B)] Recycled, as explained in paragraph (c) of this section...

Is Gallo recycling the EP sludge?  Here is what Gallo says in the March 2, 2015 press release:

Precipitate captured by our air emission controls is comprised of the same raw materials used to make glass so we use it instead of adding new raw materials.  The use of precipitate in glass making is recognized throughout the world as the environmentally-sustainable best practice 

The DTSC, in number 33 states:

EP sludge is also a "recyclable material"...

It's going to get, in my opinion, a little wacky on Gallo Glass' part here.  I'll go down what I consider to be the most logical path, in terms of meeting the regulatory definition.  As a reminder, I am looking first at EPA's regulations.  I'll then look at California's to see if that changes anything.

Where are we at this point?

Gallo Glass has a sludge
The sludge has four specifically identified heavy metals in Table 1 and would meet the definition of a hazardous waste under 40 CFR 261.24
The EP sludge is being recycled according to Gallo Glass

Does that sound like a reasonable synopsis of what we know at this point?  To me it does, so let's move on.

Next post: Part 6