three ways the new us hazardous waste generator rules could affect your operations

2016-05-20

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Understanding EPA’s Proposed Hazardous

Waste Generator Improvement Rules

Federal hazardous waste generator rules haven’t changed much in years, but major changes are coming

commons.wikimedia.org/w/index.php?curid=8079174 (title slide) By TheDailyNathan, CC BY-SA 3.0, commons.wikimedia.org/w/index.php?curid=18025345

2016-05-20

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commons.wikimedia.org/w/index.php?curid=18116784

You want to have a good understanding of what’s coming, and what you’ll need to do in response

350 000 to 540 000 entities 290 000 to 470 000 very small quantity generators

Join me in this webinar to learn about the new hazardous

waste generator rules

2016-05-20

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Hazardous waste is regulated under RCRA

1 2 3

Generators need to know how to identify and

manage hazardous waste

Generator rules are being streamlined and improved

Hazardous waste in the United States is regulated

under the Resource Conservation and

Recovery Act (RCRA)

1 1976

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By Gene Daniels, catalog.archives.gov/id/553045

By John Messina, catalog.archives.gov/id/552884

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Hazardous waste in the United States is regulated

under the Resource Conservation and

Recovery Act (RCRA)

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The waste management regulations in Title 40 CFR contain the technical details

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www.gpo.gov/fdsys/pkg/CFR-2015-title40-vol1/pdf/CFR-2015-title40-vol1.pdf

The main regulations for hazardous waste producers are 40 CFR Parts 260, 261, and 262

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www.ecfr.gov

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40 CFR Parts 263 through 279 cover additional hazardous waste requirements

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www.ecfr.gov

Each state can have its own hazardous waste rules in place of federal rules

1 By SiBr4 and respective

authors of base files - Own work; based on File:Blank US Map.svg and files in Category:SVG flags

of states of the United States, CC BY-SA 3.0,


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When you assess compliance, you need to know state hazardous waste rules too

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www.epa.gov/hwgenerators/table-noting-which-states-have-hazardous-waste-generator-categories-are-same-federal

Federal hazardous waste rules are constantly evolving

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By M. Garde - Self work (Original by: José-Manuel Benitos), CC BY-SA 3.0, commons.wikimedia.org/w/index.php?curid=2165296

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Changes to RCRA have to be passed by Congress

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Changes to Title 40 CFR are published in the Federal Register

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By Zach Rudisin - Own work, CC BY-SA 3.0, commons.wikimedia.org/w/index.php?curid=20727819

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Hazardous waste generators need to know how to identify hazardous

waste, and how to manage it

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Hazardous waste is a solid waste that has potentially dangerous properties

2 commons.wikimedia.org/w/index.php?curid=4984038 commons.wikimedia.org/w/index.php?curid=4982665 commons.wikimedia.org/w/index.php?curid=4983985 commons.wikimedia.org/w/index.php?curid=4983904

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Hazardous waste comes from diverse sources

By Peabody Energy, Inc. - Provided by Peabody Energy, CC BY 3.0, commons.wikimedia.org/w/index.php?curid=36846292 commons.wikimedia.org/w/index.php?curid=2451997 By ANT Berezhnyi - 20101002_avto, CC BY 3.0, commons.wikimedia.org/w/index.php?curid=14922901 By Simon Law from Montréal, QC, Canada - Dry cleaning, CC BY-SA 2.0, commons.wikimedia.org/w/index.php?curid=3750563 By Walter Siegmund (talk) - Own work, CC BY 2.5, commons.wikimedia.org/w/index.php?curid=3413544

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Use 40 CFR Part 261 to determine whether your waste is hazardous waste

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42 USC 6903 Definitions As used in this chapter: (27) The term “solid waste” means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 1342 of title 33, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923) [42 U.S.C. 2011 et seq.].

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42 USC 6903 Definitions As used in this chapter: (27) The term “solid waste” means garbage, refuse, sludge, and other discarded material.

40 CFR 261.2 Definition of solid waste. (a)(1) A solid waste is any discarded material that is not excluded under §261.4(a) or that is not excluded by a variance granted under §§260.30 and 260.31 or that is not excluded by a non-waste determination under §§260.30 and 260.34. (2)(i) A discarded material is any material which is: (A) Abandoned, as explained in paragraph (b) of this section; or (B) Recycled, as explained in paragraph (c) of this section; or (C) Considered inherently waste-like, as explained in paragraph (d) of this section; or (D) A military munition identified as a solid waste in §266.202. (ii) [Reserved] (b) Materials are solid waste if they are abandoned by being: (1) Disposed of; or (2) Burned or incinerated; or (3) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned or incinerated; or (4) Sham recycled, as explained in paragraph (g) of this section. (c) Materials are solid wastes if they are recycled—or accumulated, stored, or treated before recycling—as specified in paragraphs (c)(1) through (4) of this section. (1) Used in a manner constituting disposal. (i) Materials noted with a “*” in Column 1 of Table 1 are solid wastes when they are: (A) Applied to or placed on the land in a manner that constitutes disposal; or (B) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste)...


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40 CFR 261.2 Definition of solid waste. (a)(2)(i) A discarded material is any material which is abandoned, recycled, inherently waste-like, or a military munition. (b) Materials are solid waste if they are abandoned by being: (1) Disposed of; or (2) Burned or incinerated; or (3) Accumulated, stored, or treated before or in lieu of being abandoned; or (4) Sham recycled.


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Based on an image from www.epa.gov/hw/criteria-definition-solid-waste-and-solid-and-hazardous-waste-exclusions

The material is not subject to RCRA Subtitle C regulation

Yes

Yes

Yes

No

No

No

Yes

No

1. Is the material a solid waste?

2. Is the waste excluded from the definition of solid waste or hazardous waste?

3. Is the waste a listed or characteristic hazardous waste?

4. Is the waste delisted?

The waste is subject to RCRA Subtitle C regulation

The Hazardous Waste Identification Process

ignitable corrosive reactive

toxic

F-list K-list P-list U-list

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Generators are classified according to how much hazardous waste they generate

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Conditionally exempt small quantity generator (CESQG) ≤100 kg of hazardous waste per month or ≤1 kg of acute hazardous waste per month

Small quantity generator (SQG) >100 kg but <1000 kg of hazardous waste per month

Large quantity generator (LQG) ≥1000 kg of hazardous waste per month or >1 kg of acute hazardous waste per month

CESQGs are exempt from general hazardous waste regulations

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Identify waste

Accumulate ≤1000 kg

Deliver to an authorized facility

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SQGs and LQGs must meet requirements in 40 CFR Part 262

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Use a manifest

Accumulate ≤6000 kg

Prepare waste for transport

Manage waste in tanks or containers

Permit if accumulating >180 days

Notify EPA

Preparedness and prevention

Restrictions on land disposal

Emergency coordinator

Use a manifest

Biennial report

Prepare waste for transport

Manage waste in tanks, containers, drip pads, or containment buildings

Permit if accumulating >90 days

Notify EPA

Preparedness and prevention

Restrictions on land disposal

Contingency plan Emergency procedures

SQG LQG

Figuring out what requirements apply to you is challenging

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www.ecfr.gov

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Requirements for different generator types overlap in the regulations

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By Julian Burgess, CC BY 2.0, www.flickr.com/photos/aubergene/827874414


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By Julian Burgess, CC BY 2.0, https://www.flickr.com/photos/aubergene/827874414

40 CFR 262.44 Special requirements for generators of between 100 and 1000 kg/mo. A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month is subject only to the following requirements in this subpart: (a) Section 262.40(a), (c), and (d), recordkeeping; (b) Section 262.42(b), exception reporting; and (c) Section 262.43, additional reporting.

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By Julian Burgess, CC BY 2.0, https://www.flickr.com/photos/aubergene/827874414

Requirement Conditionally Exempt

Small Quantity Generators Small Quantity Generators Large Quantity Generators

Quantity Limits

The amount of hazardous waste generated per month determines how a

generator is categorized and what regulations must be complied with.

≤100 kg/month

≤1 kg/month of acute

hazardous waste

≤100 kg/month of acute

spill residue or soil

§§261.5(a) and (e)

>100 <1,000 kg/month

§262.34(d)

≥1,000 kg/month

>1 kg/month of acute hazardous waste

>100 kg/month of acute spill residue or soil

§262.34(a)

On-Site Accumulation Quantity

Determine amount of hazardous waste generators are allowed to

"accumulate" on site without a permit.

≤1,000 kg

≤1 kg acute

≤100 kg of acute spill

residue or soil

§§261.5(f)(2) and (g)(2)

≤6,000 kg

§262.34(d)(1) No limit

Accumulation Time Limits

Determine amount of time hazardous waste is allowed to accumulate on

site.

None

≤180 days or

≤270 days (if transporting greater

than 200 miles)

§§262.34(d)(2) and (3)

≤90 days

§262.34(b)

Accumulation Requirements

Manage hazardous waste in compliance with certain technical standards. None

Basic requirements with technical

standards for tanks or containers

§§262.34(d)(2) and (3)

Full compliance for management of tanks,

containers, drip pads, or containment buildings

§262.34(a)

Recordkeeping

Maintain records of manifests, biennial reports, exception reports and

waste testing

Not required Required

§262.40(a), (c), and (d)

Required

§262.40

Closure

Close equipment, structures, soils and units by meeting specified

performance standards and disposal and decontamination requirements

Not required Required - tanks only

§265.201(f)

Required

- General §§265.111(a) and 265.114 from

§262.34(a)(1)(iv)

- Unit specific Part 265, subparts I, J, W, and DD

www.epa.gov/hwgenerators/hazardous-waste-generator-regulatory-summary

Requirements are embedded in the regulations using cross-referencing

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40 CFR 262.34 Accumulation time. (a) Except as provided in paragraphs (d), (e), and (f) of this section, a generator may accumulate hazardous waste on-site for 90 days or less without a permit or without having interim status, provided that: (1) The waste is placed: (i) In containers and the generator complies with the applicable requirements of subparts I, AA, BB, and CC of 40 CFR part 265;

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Some terms are not clearly defined

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By Tony Webster, CC BY 2.0, commons.wikimedia.org/w/index.php?curid=39883913

Explanations are published in guidance documents, instead of in the regulations

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www.epa.gov/hwgenerators/

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The hazardous waste generator rules are being streamlined

and improved

3 2015

The rules are being reorganized and clarified

3

www.gpo.gov/fdsys/pkg/FR-2015-09-25/pdf/2015-23166.pdf

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The general hazardous waste definitions are being revised and expanded

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federalregister.gov/a/2015-23166

...

CESQG and accumulation requirements are being moved to 40 CFR 262.13 to 262.17

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www.epa.gov/sites/production/files/2015-10/documents/generator_improvements_rule_presentation_web.pdf

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There will be more guidance for hazardous waste determination and generator categories

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www.regulations.gov/#!documentDetail;D=EPA-HQ-RCRA-2012-0121-0001

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By Mitya Ilyinov, CC BY 2.0, commons.wikimedia.org/w/index.php?curid=8812783

Hazardous waste generators will have more options for managing their waste

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CESQGs will be able to consolidate wastes at LQG under control of same person

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By Horia Varlan, CC BY 2.0, www.flickr.com/photos/horiavarlan/4266655755/in/photostream/

Generators can manage waste from an episodic event without affecting their category

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Generators can apply for a waiver to the 50-foot requirement

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By Za, CC BY-SA 3.0, commons.wikimedia.org/w/index.php?curid=356191

Gaps and ambiguities will be resolved

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By Alexander Henning Drachmann, CC BY-SA 2.0, www.flickr.com/photos/drachmann/327122302/

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Requirements for emergency preparedness and planning will change

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By cbs_fan on Flickr, CC BY-SA 2.0, commons.wikimedia.org/w/index.php?curid=2903712

Generators will need to document when a solid waste is found not to be hazardous waste

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www.pexels.com/photo/

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SQGs and LQGs must re-notify every two years

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www.pexels.com/photo/

The biennial report requirements are being clarified

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www.epa.gov/hwgenerators/

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Requirements for satellite accumulation areas are changing

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By Trevor MacInnis, CC BY-SA 2.5, commons.wikimedia.org/w/index.php?curid=358103

Closure rules for LQGs are being strengthened

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By Kqueirolomce, CC BY-SA 3.0, commons.wikimedia.org/w/index.php?curid=33888139

30 days before 90 days after

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By Megan Allen from United Kingdom - Atomium, CC BY 2.0, commons.wikimedia.org/w/index.php?curid=41400485

This is a multi-year process

For more information

www.nimonik.com 1-888-608-7511

[email protected]

www.nimonik.com