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.. *00 <br /> Mr. James Leagan <br /> September 8, 1999 <br /> Page 2 <br /> (d) The department shall amend its regulations, as necessary, to conform to this section. <br /> Until the department amends these regulations, the applicable regulations adopted by the <br /> Environmental Protection Agency pursuant to the federal act pertaining to the regulation of <br /> wastes containing silver or silver compounds, which are regulated as RCRA hazardous wastes <br /> solely due to the presence of silver in the waste, shall be deemed to be the regulations of the <br /> department, except as otherwise provided in subdivision (c). <br /> (e) This section shall not be construed to limit or abridge the powers or duties granted to any <br /> state or local agency pursuant to any law, other than this chapter, to regulate wastes containing <br /> silver or silver compounds. <br /> Practically, these provisions mean that: <br /> • DTSC is implementing the provisions of SB 2111 by applying the federal RCRA regulations <br /> found in Title 40 of the Code of Federal Regulations (40 CFR] to the regulation of"silver- <br /> only' wastes in California(except with respect to treatment activities other than the removal <br /> of silver from photo imaging solutions and photo imaging wastewater). <br /> • Some generators of"silver-only'hazardous waste may now be regulated in California <br /> according to the federal CESQG regulations. <br /> • The federal exclusion for characteristically hazardous sludge being reclaimed now applies in <br /> California for"silver-only'characteristically hazardous sludge. <br /> • Most onsite treatment of photographic wastes is excluded from California Tiered Permitting <br /> requirements, but onsite treatment of any other"silver-only"hazardous waste would still <br /> require California Tiered Permitting authorization. Likewise, most offsite treatment of <br /> photographic wastes is excluded from hazardous waste permitting requirements. <br /> • Regulation of"silver-only"wastes by State and local agencies under laws other than HSC <br /> Chapter 6.5, such as local ordinances, is not restricted by SB 2111. <br /> Application of Federal Requirements to "Silver-only' Hazardous Wastes <br /> As stated in your letter and its attached documentation, photo processors typically manage <br /> their"silver-only' wastes immediately in onsite wastewater treatment units which, after treatment, <br /> yield a non-hazardous effluent and a characteristically hazardous sludge. Under the federal RCRA <br /> regulations, the non-hazardous effluent would not be regulated, while the characteristically hazardous <br /> sludge would be excluded from classification as a solid(or hazardous) waste, in accordance with 40 <br />