HAZARDOUS WASTE GENERATOR IMPROVEMENTS RULE
BIG PICTURE • Final Rule published November 28, 2016 - 81 FR 85732 • Long-awaited overhaul of the hazardous waste generator rules • Affected regulations: 40 CFR 257 – 258, 260 – 268, 270-271, 273, 279 • >60 changes to the regulations, plus about 30 technical corrections • Affected entities: All hazardous waste generators (CESQG, SQG, LQG), TSDFs, Transporters All industry sectors, facility types, locations •
TIMELINE FOR OKLAHOMA • Rulemaking council meeting October 12, 2017 • Environmental Quality Board meeting November 4, 2017 • Legislature considers rules during 2018 session • Governor signs • Anticipated effective date of September 15, 2018
REASONS EPA THOUGHT THE RULE REVISIONS WERE NEEDED • Issue #1 Regulations are Confusing • Issue #2 Lack of Flexibility for Operators of Facility with Different Generator Status • Issue #3 Lengthy Contingency Plan Requirements & Lack of Recordkeeping Requirements • Issue #4 Mismanagement of Waste from Generators
GOALS OF THE FINAL RULE 1. Reorganize the regulations to make them more user friendly and enable improved compliance 2. Provide greater flexibility for hazardous waste generators to manage waste in a cost-effective manner 3. Strengthen environmental protection by addressing identified gaps in the regulations 4. Clarify certain components of the hazardous waste generator program to address ambiguities and foster improved compliance
MAJOR PROVISIONS OF THE FINAL RULE Reorganization • Consolidation of CESQG (VSQG) Waste at LQGs • GOOD → Episodic Generation • • Ignitable and Reactive Waste Waiver • Emergency Preparedness and Prevention Waste Determination Expectations • Labeling • Notifications and Reporting • • Satellite Accumulation Provisions • Closure Requirements Additional Clarifications •
CONSOLIDATION OF CESQG WASTE AT LQG’S: • CESQG’s and LQG’s must be under the control of the same person CESQG to be called VSQG • Eliminate RCRA permit requirement to accept CESQG’s waste • • Additional option for CESQG’s to manage their waste Increased training and documentation • • Potentially decrease generator cost
OTHER NEW GENERATOR SIZE CATEGORIES? • Generators of Unusual Size (GUSes) • Outrageously Large Quantity Generators • XXL Generators • Medium Quantity Generators • Super duper Small Quantity Generators • Minuscule Quantity Generators
EPISODIC GENERATION FOR CESQG’S AND SQG’S: • Only allowed once a year • Would not change current generator status • Would not have to complete biennial requirement • Notification of planned and unplanned events • Labeling requirement for accumulation of episodic waste • 45 days from initiation and completion of episodic event
EMERGENCY PLANNING AND PREPAREDNESS: • Only applicable to LQG’s and SQG’s • Require generators to make arrangements with local LEPC’s first ← Wrong, but would have been a great idea! (appropriate local authority) • If no local LEPC, generators (attempt) to make arrangements with local Fire Departments/authority (send certified mail return receipt) • NEW LQG’s (attempt) to submit executive summary to LEPC local authorities rather than full Contingency Plans: types and amounts of hazardous waste, maps of site and surrounding area, location of water supply, identification of notification system (phones, PA, etc.), emergency contact(s) • Who must submit? Any new LQG with their first Contingency Plan and any existing LQG (at the first revision of the Contingency Plan following effective date of the regulation) • Flexibility to eliminate employee personal information in plans
LABELING CHANGES: Applicable to SQG’s, LQG’s and Transporters • • NEW Marking containers with Hazardous waste codes • May use recognized electronic option (e.g., bar codes) Make it easier for TSDF’s to identify content • Relevant areas on site: SAA’s, CAA’s, transfer facilities consolidating waste • from different generators Labeling requirement for tanks, drip pads and containment buildings • • Recordkeeping requirements for tanks, drip pads, containment building for 90 and 180 day storage
REPORTING REQUIREMENTS: • Biennial reporting required only for LQG’s • Reporting for all hazardous waste generated during reporting year • Not applicable to CESQG’s and SQG’s under episodic rule • Allow new source code for CESQG’s transferred waste Proposed but not finalizing: Maintaining documentation of waste determinations until facility closes • Notifying state or EPA of closure of a waste accumulation unit at a facility • • Requiring documentation of container weekly inspections ← Why not? This would have been great! (for inspectors)
SATELLITE ACCUMULATION AREAS: • Prohibiting incompatible waste to be mixed in the same container (wasn’t that always a thing? Not SAPs just for storage containers) • Good → Limited exception for keeping containers closed at all times at SAA’s (if required for safety reasons) • Modify labeling to include flexibility on hazard category type • Good → Clarify the “three day” rule (means three calendar days) • Rescinded memo allowing reactive HW to be stored away from the point of generation (why? Need to read the federal register)
CLOSURE: • Require closure as landfill for when LQG’s accumulating in containers fail to clean close • Notification to EPA or authorized state 30 days prior to closing an accumulation area or within 90 days after closure of unit or facility
ADDITIONAL CLARIFICATIONS OR REVISIONS Defined new terms in 260.10, including acute and non-acute hazardous • wastes, VSQG, SQG, and LQG • Clarified that the prohibition of disposal of bulk or non-containerized liquid haz waste or free liquids contained in haz waste in any landfill, also applies to generators • Deleted obsolete provisions Made technical corrections throughout such as modifying the definitions of • “Treatability Study”, “Universal Waste Handler”, and “Universal Waste Transporter” in 260.10; and made readability improvements. (the CFR will now be a real page-turner!)
MORE STRINGENT RULES • Documenting hazardous waste determinations • SQG re -notification (every four years-electronically- first report September 1, 2021) • Labeling • Notification of closure • Biennial reporting for the whole year -- LQGs must report all hazardous waste generated in a calendar year, even when it is managed the next year • LQGs must report for all months in the year, even if SQG for some of those months • LQGs must report hazardous waste recycled on -site • Recycling facilities must report wastes that are not stored prior to recycling • Executive summary for contingency plan
LESS STRINGENT RULES [Authorized states are not required to adopt less stringent rules…but these are all good ideas] • CESQG consolidation • Episodic generation ← possibly the best idea of the lot • Waiver from 50 -foot rule for ignitable and reactive wastes being stored within 50’ of property line. This can be impossible sometimes such as urban areas where the property is less than 100 feet wide. They can get a waiver from the authority having jurisdiction (AHJ — a new acronym, yay!) over the fire code (e.g., fire marshal).
FINAL THOUGHTS Most difficult thing about the revised generator rules is summarizing it all in • less than 20 slides and less than 30 minutes! • Unintended consequence: revising EVERYTHING with regulatory citations (fact sheets, checklists, web pages, training documents, FAQs) that will now become obsolete. • Some really good ideas and needed changes along with some that are perhaps less so… Crosswalk is available: federal register, EPA, webinars, from me, etc. • Please realize these slides are *not* comprehensive and be careful that • resources or references you use are for the final and not proposed rules
QUESTIONS? • To talk to an inspector, call the Hazardous Waste Compliance and Enforcement Section at (405) 702-5100 • To talk to me, call (405) 702-5226, or email at: mike.edwards@deq.ok.gov
QUESTIONS? • To talk to an inspector, call the Hazardous Waste Compliance and Enforcement Section at (405) 702-5100 • To talk to me, call (405) 702-5226; email: mike.edwards@deq.ok.gov
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