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Aet presentation-hazardous-waste-generator-improvement-rule-mar.24.17


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AET Hazardous Waste Generator Improvement Rule

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Aet presentation-hazardous-waste-generator-improvement-rule-mar.24.17

  1. 1. Hazardous Waste Generator Improvement Rule AET Environmental, Inc. March/April 2017
  2. 2. Hazardous Waste Generator Improvements Purpose of the Rule: • Making the rules easier to understand and providing generators with greater flexibility in how hazardous waste is managed • Enhance the safety of facilities that generate hazardous waste and the response capabilities of ER responders by improving risk communication • To incorporate feedback from the regulated community, states and stakeholders to improve the hazardous waste generator program
  3. 3. Background • Congress passes Resource Conservation and Recovery Act (RCRA) in 1976 • EPA promulgates the regulations in 1980 • Congress passes Hazardous and Solid Waste Amendment (HSWA) in 1984 (Land bans) • HWGIR represents the first real changes to the basic waste regulations in 36 years • Designed to incorporate years of experience in implementing the program to simplify, clarify ambiguities and inconsistencies in the regulations with input from states and stakeholders
  4. 4. Revisions • There are more than 60 changes to the hazardous waste generator regulations that clarify existing requirements, increase flexibility and improve environmental protection • Some minor, technical in nature • Others more significant • Effective Date: May 30, 2017 (Alaska & Iowa) • Effective in Colorado: ??? (Likely Spring 2018)
  5. 5. Reorganized Rule Structure (Where do I find it?) Provision Original Citation in 40 CFR New Generator Citation in 40 CFR Definition of Generator Categories §260.10, 261.5, &262.34 §260.10 Hazardous Waste Determination and Recordkeeping §262.11 and 262.40 (c) §262.11 Generator Category Determination §261.5 (c) - (e) §262.13 VSQG Provisions §261.5 (a), (b), (f) – (j), and 258.28 §262.14 Satellite Accumulation Area Provisions §262.34 (c), 265, 171, 265, 172, and 265.173 (a) §262.15 SQG Provisions §262.34 (d) – (f) and 268 §262.16 LQG Provisions §262.34 (a), (b), (g)-(i), (m), and 268 §262.17 EPA Identification Numbers §262.12 §262.18 Landfill Ban for Liquids §258.28 §262.35
  6. 6. New Definitions / Clarifications • Acute Hazardous Waste Listing (H) in 262.31 and 262.33 (U and P-Codes) • Central Accumulation Area-on site storage for LQG/SQG (formerly 90-day or 180-day area) • Non-Acute Hazardous Waste • Very Small Quantity Generator (replaces CESQG)
  7. 7. Independent Requirements vs. Condition for Exemptions • Independent Requirement -- A standard that must be met, that applies regardless of a conditional exemption (All generator categories) • Condition for Exemption -- A requirement(s) that must be met in order to get the conditional exemption from more burdensome requirements (periodic inspections of the waste area, RCRA training requirements, accumulation time limits, etc.) • If “condition” is not met, EPA may penalize the generator for failure to meet the condition and may apply ALL requirements for non-exempt facilities (Part B permit)
  8. 8. Summary of Changes • VSQG waste consolidation • Hazardous Waste Determinations • Episodic Generation • Labeling & Marking of Containers • Reporting – Biennial & Re-notification (SQG) • Satellite Accumulations Areas (SAA) • Preparedness and Planning
  9. 9. VSQG Waste Consolidation • VSQGs may send their waste to LQGs under the control of the same person for consolidation and management provided certain conditions are meet by VSQG and LQG. • “Control” means: power to direct the policies of the generator, whether by stock ownership, voting rights or otherwise. (does not include contractors) • In some cases organizations, government and academia may have SAAs that qualify as VSQGs and could take advantage of this provision to send waste to an LQG within their company or campus.
  10. 10. VSQG Waste Consolidation (cont.) • LQGs must meet the following conditions: – Make a 30 day notification prior to receiving first shipment – Must include VSQG name, address contact phone – Update notice within 30 days of any changes • Retains shipment records for 3 years from receipt date • Manage under 90-day rules • Label with date received in addition to 90-day markings
  11. 11. Hazardous Waste Determinations A person who generates a solid waste must determine if hazardous waste Hazardous Waste Identification Listings • At point of generation • Before diluting, mixing alteration • At any time it changes its properties as a result of exposure to the environment or other factors • Must determine if listed and/or characteristic - Determine all applicable waste codes • Knowledge of the waste -Waste origin -Composition -The process -Feedstock -Any other reliable or relevant information -Process knowledge -Product, by-product intermediate information -Chemical physical properties -Testing -Other reliable or relevant information • Generators must test when knowledge is inadequate Representative sample
  12. 12. Hazardous Waste Determinations (cont.) • Record Keeping Requirements – 3 year record retention of waste determinations from date last shipped to off-site TSDF – Documentation of generator knowledge • Records must include (as applicable) – Test results/waste analysis – Test/analytical methods – Records review
  13. 13. Episodic Generation • Change in generator status due to a planned or unplanned event – Keep current generator status provided certain conditions are met – Episodic waste not counted towards status • One (1) episodic event per year (may petition for a second) • Event notification to EPA – > 30 days before a planned event (ie: plant maintenance) – < 72 hours after unplanned event
  14. 14. Episodic Generation (cont.) • Must obtain EPA ID number (if you don’t have one) • Notification Must Include: – Event detail – Reason – Start/End Date – Emergency Coordinator and Facility Contact • 24-hour phone access • Able to discuss notification or respond to emergency
  15. 15. Labeling and Marking • Revised labeling and marking requirements (applies to both containers and tanks)-must clearly indicate hazardous of the hazardous waste contained inside • Applies to LQGs and SGQs • Markings must include: – The words “Hazardous Waste” and Accumulation Start Date – Indication of the hazards including: • EPA Waste Codes (incineration of Lab Packs exempt-except D004-D011) • HazCom consistent with DOT (shipper info, PSN, UN/NA number, etc.) • Statement or pictogram consistent with OSHA-HazCom program • National Fire Protection Association (NFPA) chemical hazard label
  16. 16. Reporting • Biennial Reporting- revision in the current regulations for completing the biennial report to be consistent with the instructions distributed with the form • SQGs must re-notify status every four (4) years – Effective 2021 – By September 1st • LQGs Closure-if closing a unit or the facility must perform one of the following notifications: – Place a notice in operating record within 30 days after closure – Meet all closer performance standards (document file)
  17. 17. Satellite Accumulation Areas (SAA) • SQGs/LQGs accumulating hazardous waste in SAAs now have special requirements for incompatible materials – Do not place in same container – Do not place in unwashed containers – Separate or protected by any “practical means” • Exceptions to “closed” container rule: – Adding – Removing – Consolidating – Temporarily Venting • Properly operate equipment • Prevent dangerous situation
  18. 18. Satellite Accumulation Areas (SAA) (cont) • Containers (55-gallon max) must be in good condition or transferred to a good container or Central Accumulation area • Acute Hazardous Waste Limits – 1 quart (liquids) – 1 Kg (solids) –(first application of a weight limit) • Clarification of Three Day limit to transfer waste; means “three consecutive days” (note: only 24 hours in Colorado)
  19. 19. Satellite Accumulation Areas (SAA) (cont) • Language Modification for Exceeding Limits- must remove excess waste to Central Accumulation Area or ship to off-site TSDF • Preparedness and Prevention in SAAs – SQGs must meet requirements of 262.16(b)(8) – LQGs must meet emergency procedures in subpart M of the regulations
  20. 20. Preparedness and Planning • Updating emergency response and contingency planning provisions for SQGs and LQGs to include Local Emergency Planning Committees (LEPC) among those emergency planning organizations with which a generator may make response arrangements. (can’t just send certified mail; they have to receive it) • Facilities with 24-hour response capabilities may seek a waiver form local authorities with jurisdiction over fire code from making arrangements with local fire dept.
  21. 21. Preparedness and Planning (cont.) • SQGs now must post required information by the phone of in “areas directly involved in the generation or accumulation” • SQG/LQG must have required equipment: – “Most appropriate Locations” – Anywhere Hazardous Waste in generated or accumulated – Unless: • No hazards posed by any waste • Area does not lend itself for safety reasons for a particular kind of equipment
  22. 22. Preparedness and Planning (cont.) • LQGs must submit a Quick Reference Guide with new or updated contingency plans • Quick Reference Guide must include: – Hazardous Waste Type – Waste (generic) name – Hazards – Maximum amount on site at any time – Unique/special treatment – Facility map – Street map (locations of schools, businesses, water supply, etc) – Identification of on-site monitor/alarms (smoke detectors, CO2) – Emergency Coordinators – 7 day/24 hour-emergency phone numbers
  23. 23. Other Changes • All generators may not dispose of hazardous waste in landfills • Generators may apply for a waiver for storage of Ignitables and Reactives greater than 50 ft from property boundary (written approval from local fire authority) • More on Ignitables and Reactives: – Precautions to prevent accidental ignition or reaction – Separate and protect from sources of ignition and radiant heat – Confine smoking to designated locations – Post “No Smoking” signs by ignitable and reactive waste
  24. 24. Questions?