Waste Management Plan Certification and Compliance Form for Energy Efficiency and Conservation

WASTE MANAGEMENT PLAN CERTIFICATION AND COMPLIANCE FORM FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM FUNDING RECIPIENTS

The United States Department of Energy (DOE) requires that the California Energy Commission (Energy Commission) obtain waste management plans for each proposed project receiving funding under the Energy Efficiency and Conservation Block Grant (EECBG) Program prior to any proposed project activities generating waste. DOE requires waste management plans to minimally contain the following information for each category of waste that the project proponent anticipates will be generated by its proposed project activities: the estimated amount of waste to be generated, expressed in either volume or weight, and the disposal path for each category of waste. The Energy Commission developed this Certification and Compliance Form as a tool to help recipients of EECBG Program funding prepare waste management plans for their proposed project activities. This form must be completed and submitted to the Energy Commission by each recipient of EECBG Program funding (recipient) to fulfill the waste management plan requirement.

The first section of this form requires recipients to certify that they will comply with all federal, state, and local laws and regulations which govern the management[1] of the categories of waste that they anticipate will be generated by their proposed project activities. Although this form is intended to be comprehensive, it does not necessarily include all of the waste management requirements that may apply to, project or any particular category of waste. Recipients are responsible for ensuring that they are in compliance with all federal, state, and local laws and regulations governing the management of wastes generated by their project activities under the EECBG Program, including compliance with laws and regulations that are not referenced in this form.

The second section of this form requires recipients to provide the following information for each category of waste that the recipient anticipates will be generated: the estimated amount of waste to be generated, expressed in either volume or weight, and the disposal path for each category of waste.

This form is intended to be used in conjunction with the accompanying guidance document titled “Guidance on Waste Management Plans for Energy Efficiency and Conservation Block Grant (EECBG) Program Funding Recipients.”

CERTIFICATION OF COMPLIANCE

A.  GENERATION OF WASTE:

1.  Do you anticipate that your project(s) funded under the EECBG Program (project) will generate waste?

Yes. (Recipients that expect to generate waste must answer all questions on this form and certify that all applicable requirements will be followed by signing this form and submitting it to the Energy Commission.)

No. I certify that the project will not generate any waste. (Please continue to the signature block on the bottom of this form, sign, and submit to the Energy Commission.)

B.  REQUIREMENTS FOR GENERATORS[2] OF HAZARDOUS WASTE:

2.  Do you anticipate that your project will generate wastes classified as hazardous wastes under the Resource Conservation and Recovery Act (RCRA)[3]?

Yes. I certify that the recipient will comply with all applicable requirements for hazardous waste generators under federal, state, and local law, including, but not limited to, preparation of hazard waste manifests and record keeping, reporting, packaging, and labeling requirements.

Please provide a hazardous waste identification number(s) issued by the United States Environmental Protection Agency (U.S. EPA ID Number) for each business address where such waste will be generated.[4]

U.S. EPA ID Number(s):

Note: If you anticipate generating RCRA hazardous waste and California only hazardous waste, you need only obtain a U.S. EPA ID Number(s).

No (please continue to question 3)

3.  Do you expect that your project will generate “California only” hazardous waste, such as asbestos?

Yes. I certify that the recipient will comply with all applicable requirements for hazardous waste generators under federal, state, and local law, including, but not limited to, preparation of hazard waste manifests and record keeping, reporting, packaging, and labeling requirements.

Please provide a California EPA ID Number(s) issued by the California Environmental Protection Agency (Cal/EPA), Department of Toxic Substances Control (DTSC) for each business address where such waste will be generated.

California EPA ID Number(s):

No.

C.  SPECIFIC HAZARDOUS WASTES:

4.  Asbestos: Do you anticipate that your project will generate asbestos waste considered hazardous waste under California law?

Yes. I certify that the recipient will comply with all applicable federal, state and local laws and regulations governing the management of asbestos hazardous waste, including, but not limited to, regulations governing atmospheric emissions of asbestos under the Federal National Emission Standard for Hazardous Air Pollutants (NESHAP),[5] requirements governing the handling and disposal of asbestos waste under the Toxic Substances Control Act of 1976 (TSCA),[6] and any additional packaging or notification requirements imposed by its local air pollution control district or air quality management district.

I further certify that the recipient will dispose of all hazardous asbestos waste in a landfill authorized to accept asbestos waste by its Regional Water Quality Control Board.

No.

5.  Fluorescent Light Ballasts Containing PCBs: Do you anticipate that your project will generate fluorescent light ballasts containing polychlorinated biphenyls (PCBs) as waste?

Yes. I certify that the recipient will comply with all applicable federal, state, and local laws and regulations — including any applicable exemptions — governing the management of these PCB wastes, including, but not limited to, disposal options for fluorescent light ballasts specified in TSCA, and general requirements for the management of hazardous waste provided in Title 22, California Code of Regulations, Division 4.

No.

6.  Caulk Containing PCBs: Do you anticipate that your project will generate caulk containing PCBs at levels of 50 parts per million or greater as waste?

Yes. I certify that the recipient will comply with all applicable federal, state, and local laws and regulations governing the management of these PCB wastes, including, but not limited to, TSCA, and general requirements for the management of hazardous waste provided in Title 22, California Code of Regulations, Division 4.5.

No.

7.  Universal Waste: Do you anticipate that your project will generate universal waste, as defined under California law,[7] such as fluorescent tubes or bulbs?

Yes. I certify that the recipient will comply with all applicable federal, state, and local laws and regulations that specify requirements for the management of universal waste, including, but not limited to, personnel training, notification, reporting, recordkeeping, labeling and accumulation requirements.

I further certify that the recipient will not use drumtop crushers designed to break mercury lamps into drums.[8]

No.

8.  Recycling Materials That Require Special Handling From Major Appliances: Do you anticipate that your project will generate major appliances[9] that contain materials which require special handling as waste?

Yes. I certify that the recipient will comply with all applicable federal, state, and local laws and regulations that specify requirements for the recycling of materials contained in major appliances that require special handling, including, but not limited to, Title 40 of the Federal Code of Regulations Section 82.161 and the California Certified Appliance Recycler laws.[10]

No.

9.  Other Hazardous Wastes: Do you anticipate that your project will generate RCRA and/or California only hazardous wastes not identified on this form?

Yes, I certify that the recipient will comply with all applicable federal, state, and local laws and regulations that govern the management of the hazardous wastes identified below in response to this question.

If yes, please identify these additional hazardous wastes:

No

D.  CERTIFICATION REGARDING WORKING WITH CERTIFIED UNIFIED PROGRAM AGENCIES (CUPAs) (All recipients generating waste must certify to the following statement by checking the box below):

I certify that the recipient will comply with all applicable business reporting and other requirements enforced by its local Certified Unified Program Agency (CUPA) or other participating agency for all waste that will be generated by its proposed project activities.

E.  cERTIFICATION REGARDING Recycling Requirements under California Law: (All recipients generating waste must certify to the following statement by checking the box below):

I certify that the recipient will comply with all applicable recycling requirements established by its local jurisdiction for all waste that will be generated by its proposed project activities.

F.  Estimated WASTE GENERATION and Disposal Path(s):

Using the following table, identify each category and estimated amount of waste that the recipient anticipates will be generated by its proposed project activities, expressed in either volume or weight, and the corresponding disposal path.

Category of Waste / Estimated Volume or Weight of Waste that is Expected to be Generated by Project Activities / Disposal Path for Each Category of Waste (it is not necessary to specify a particular disposal company or recycler)
Sample: Fluorescent bulbs / 100kg of T8 fluorescent bulbs (approximately 100 T8s) / Bulbs will be handled and stored onsite. Bulbs will be labeled properly so that they are clearly identified as “Universal Waste Lamps” with the accumulation start date on the label. Staff will be trained on the proper management of fluorescent bulbs. The bulbs will be shipped to a hazardous waste recycling facility within one year.
Sample: HVAC (Major appliance containing Materials Requiring Special Handling (MRSH)) / Weight of appliance, e.g., 530 lbs / Transport, deliver or sell unprocessed appliance to a Certified Appliance Recycler (CAR)

If more space is needed, please attach additional page(s) and check this box:

The Energy Commission may request additional information in order to clarify answers provided on this form.

This Waste Management Plan Certification and Compliance Form was completed for and on behalf of the following recipient by its authorized representative in accordance with the terms and conditions of the Energy Commission’s agreement.

Recipient Name:

Energy Commission Agreement Number:

For Collaborative Agreements, state which jurisdictions are represented by this form:

Recipient’s Authorized Representative (print or type name):

Title:

Phone Number:

Email Address:

Signature: Date:

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[1] See 22 C.C.R. 66260.10 (defining “[m]anagement” or “hazardous waste management” as “the handling, storage, transportation, processing, treatment, recovery, recycling, transfer and disposal of hazardous waste.”). The term “management” is used in this form as that term is defined in Section 66260.10.

[2] 22 C.C.R. § 66260.10 (defining “generator” as “any person, by site, whose act or process produces hazardous waste identified or listed in Chapter 11 of [Title 22 California Code of Regulations, Division 4.5] or whose act first causes a hazardous waste to become subject to regulation.”). The term “generator” is used in this form as that term is defined in Section 66260.10.

[3] 42 U.S.C. § 6901 et seq. (1976).

[4] It is not necessary to obtain an EPA ID Number to dispose of universal waste, such as fluorescent lamps, if you will not accumulate more than 5,000 kilograms (11,000 lbs. or 5.5 tons) at any time. However, you must still comply with the universal waste regulations found in California Code of Regulations Sections 66273.30 through 66273.39. Similarly, it is not necessary to obtain an EPA ID Number to dispose of large appliances, such as air conditioners. However, specific materials, such as refrigerants, must be disposed of in accordance with the Certified Appliance Recycler laws found in Public Resources Code Section 42160 et seq. and Health and Safety Code Section 25211, et seq.

[5] See 40 C.F.R. §§ 61.140-61.157.

[6] 15 U.S.C. § 2601 et seq. (1976).

[7] 22 C.C.R. § 66261.9 (identifying the following seven categories: electronic devices, batteries, electric lamps, mercury-containing equipment, cathode ray tubes (CRTs), CRT glass, non-empty aerosol cans).

[8] See Mercury Lamp Disposal, Collection and Recycling, The Dangers of Drumtop Crushers, Department of Toxic Substances Control, California Environmental Protection Agency, available at http://ccelearn.csus.edu/mercurylamp/content/intro3.htm (on the website DTSC strongly cautions against the use of drumtop crushers designed to break mercury lamps into drums, stating “[t]o avoid exposing people to mercury poisoning and paying serious fines and penalties, do not use mercury lamp crushers in California.”).

[9] See Cal. Pub. Res. Code § 42166 (defining “major appliance” as “any domestic or commercial device, including, but not limited to, a washing machine, clothes dryer, hot water heater, dehumidifier, conventional oven, microwave oven, stove, refrigerator, freezer, air-conditioner, trash compactor, and residential furnace”).

[10] As noted, the Certified Appliance Recycler laws are found in California Public Resources Code Section 42160 et seq., and Health and Safety Code Section 25211, et seq.