1	How to Beneficially Use a Byproduct in Texas G. Michael Lindner (512) 239-3045 mlindner@tceq.state.tx.us
2	If you want to beneficially use a byproduct in Texas . . . What do you have to do? How easy is it?
3	Process for beneficial use of byproducts Byproducts that in Texas would be classified as non-hazardous municipal solid waste if disposed of Byproducts that in Texas would be classified as industrial or hazardous waste if disposed of
4	Process for beneficial use of non-hazardous municipal “byproducts” Construction and demolition (C&D) recyclable materials from buildings and homes C&D recyclable materials from building roads and highways “MO” does not tend to be case-by-case
5	Process for beneficial use of non-hazardous municipal “byproducts” 1. Program structure – self waste classfcn. 2. Site restrictions – only gen. prohibitions 3. Initial review - none 4. Approval - none 5. Initial sampling and testing – only #1. 6. Ongoing requirements – legitimacy
6	Process for beneficially using hazardous and/or industrial byproducts Program structure Site restrictions Initial review Approval Initial sampling and testing Ongoing requirements
7	IHW byproduct program structure Hybrid of waste classification and case-by-case *Self-classification required (big, + change from TCEQ-classification) Notification required for each case
8	If it’s not a waste . . . Then only general prohibitions apply Just because something is a byproduct does not necessarily mean it’s a waste. … But, it’s easier to err on the side of caution.
9	Waste or not a waste? E.g., if reclaimed: It is a waste if it’s a sludge from either a wastewater treatment plant (other than an effluent) or an air pollution control device It is not a waste if it’s a sludge which is not a listed hazardous waste and it is reclaimed, or if it is a residue from the treatment of K061 listed waste and meets specific requirements set forth in 40 CFR Section 261.4(a)(11)
10	If it is an industrial waste It’s either hazardous or, in Texas, it’s Class 1, 2, or 3 Class 1 (almost hazardous, e.g. lead 1.5) Class 3 (inert and essentially insoluble) Class 2 (not Class 1 or Class 3)
11	IHW byproduct site restrictions None other than general prohibitions: the discharge or imminent threat of discharge of industrial solid waste or municipal hazardous waste into or adjacent to the waters of the state without authorization; the creation and maintenance of a nuisance; or the endangerment of the public health and welfare
12	IHW byproduct review to initiate use No formal "application" 90-day prior notification on two, two-page forms, or electronically Basic information required including the waste and its classification, and the recycling method Case-by-case determination
13	IHW byproduct approval No beneficial use permit per se Written response from the agency; or The end of the 90-day period Storage permit may be required
14	IHW byproduct initial sampling & testing Generator required to test materials for waste-classification purposes: Hazardous-waste determination, and Classification as class 1, 2, or 3 non-hazardous industrial *Burden of consumer-based risk assessment on generator and receiver (e.g. TxDOT)
15	IHW byproduct ongoing requirements Ability to document that it’s legitimate recycling (e.g. TxDOT) Event-based beyond that: if recyclable material or recycling method changes, in either case you have to: Re-classify; and/or Re-notify
16	If you want to beneficially use a byproduct in Texas . . . What do you have to do? How easy is it? It’s more easy due to facilitation beyond TCEQ’s beneficial byproduct use process.
17	Facilitation beyond the beneficial byproduct use process Online materials exchanges Letters of support TXDOT efforts
18	Free, online materials exchanges www.RecycleTexasOnline.org www.RENEWTx.org
19	www.RecycleTexasOnline.org Over 400 entities that accept materials for recycling listed Includes C&D recyclers (home & hwy.) Capability to query by material
20	www.RENEWTx.org Since 1988: 866 million lbs. exchanged $11.6 million saved in disposal costs $7.8 million earned from sale of materials
21	TxDOT support Recyclable materials must: Meet engineering standards Be cost effective, cost competitive Be available in sufficient quantities Be environmentally acceptable
22	TxDOT recycled materials Recycled asphalt pavement (product) Recycled concrete aggregate Coal-combustion byproducts Foundry sand Compost Slag from steel-making Tires
23	Compost from industrial manure (2 million cy so far)
24	TxDOT facilitates beneficial fly ash use Material Producer List: www.dot.state.tx.us/business/materialproducerlist.htm Prequalified List of Fly Ash Sources: ftp://ftp.dot.state.tx.us/pub/txdot-info/cmd/mpl/flyash.pdf
25	TxDOT’s DMS 11000 metals tire rubber compost, shredded brush reclaimed asphalt pavement ground granulated blast furnace slag fly and bottom ash from electrical utility plants non-industrial ceramics, glass cullet, plastics, & crushed concrete
26	Non-hazardous recyclable materials product eligibility process ftp://ftp.dot.state.tx.us/pub/txdot-info/cst/DMS/11000_series/pdfs/11000.pdf Do chemical of concern concentrations meet one of the following four criteria? E.g. COC leachate concentrations in NRM product < or = those found in the traditional material
27	Links to TCEQ forms and publications http://www.tceq.state.tx.us/assets/public/permitting/waste/ihw/0524.pdf http://www.tceq.state.tx.us/assets/public/permitting/waste/ihw/0525.pdf http://www.tceq.state.tx.us/comm_exec/forms_pubs/pubs/rg/rg-240_1737318.pdf