COMPLIANCE INFO_1992-1993 - Laserfiche WebLink

Home Browse Search

Mr. Kevin T. Haroff Page 11 9 9 generated by the Wadham facility as hazardous waste. Pursuant to the above-referenced regulations, the owners and operators of the facility must immediately begin managing this waste in full compliance with all requirements of Title 22, CCR, and applicable provisions of the HSG. The Department recommends that Wadham conduct further studies of the ash and that exposures of individuals handling or coming into contact with the ash be closely monitored. Implementation of controls to minimize exposure at the facility will not affect the classification of the ash as long as it contains high percentages of free crystalline silica. The Department also recommends that Wadham make every attempt to modify its operational parameters so that it might reduce or eliminate the health risks associated with the ash (e.g. , higher incineration temperatures to fuse silica particles) . This classification as hazardous waste does not preclude Wadham from developing markets for the rice hull ash. Section 25143.2, HSC, provides exemptions from regulation for certain types of hazardous wastes when recycled in specified manners. The Department questions, however, whether these exemptions would pertain to the ash used in certain applications proposed by Wadham. in conversations with other generators of rice hull ash, the Department has learned that recycling opportunities for ash containing high concentrations of cristobalite are extremely limited, if at all existent. You have indicated that the ash has potential uses "in the manufacture of commercially saleable products (e.g. , cement products) ." In our opinion, use in cement products would not exclude (pursuant to Section 25143.21 HSC) the ash from regulation as hazardous waste. The ash, used in such a manner, would be considered neither safe nor effective as a substitute for a commercially available product, and would rather be viewed as a "use constituting disposal." These conditions preclude the waste being exempted from the hazardous waste management provisions pursuant to Section 25143.2 (e) , HSC. There may, however, be other marketable uses for the ash. In the November 22, 1989 letter, it was stated that Wadham's request for concurrence should not be construed as an admission that the ash is waste within the meaning of Section 25124, HSC, since Wadham is ostensibly seeking to develop commercial markets for the ash. in Section 25124 (a) (2) , HSC, "waste" is defined to include any material which is recycled, accumulated, stored or treated before recycling except as provided in Section 25143.2. Again, the only applicable exclusions or exemptions are those within Section 25143.2. To discuss further the options for considering ash as a recyclable waste, please contact Mr. Robert McCormick, of this Division at (916) 324-1807.