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2 beth knauss - florida finishers association outreach
- 1. Hazardous Waste Updates forthe Surface Finishing Industry Elizabeth Knauss Southwest District Florida Department of Environmental Protection
- 2. Presentation Goals • Historicaloverview and recent updates • How will the new generator improvements rule changes affect you? • Will the federal redefinition of solid waste affect you? • Understanding points of generation • Identifying what wastes are generated • Identifying what wastes are treated • When the wastes are counted
- 3. Historical Perspective • March28, 1974 - Initial Clean Water Act Rule • Electroplating point source category • May 19, 1980 – effective 11/19/1980 • Identification and listing of hazardous waste • Required generators, transporters & disposal facilities to notify • Could operate under “interim status” until a final permit determination was made • Included facilities with plating waste surface impoundments and spray fields • Even if operating under a state industrial waste water permit • Elimination of categorical direct dischargers • “Zero Discharge” NPDES permits
- 4. Florida’s Programs • Officeof Air and Water Pollution Control • Dept. of Health • Issued permits for sewage treatment plants • Department of Environmental Regulation • Created in the 1970s – new permitting agency • Hazardous waste statute passed by the legislature in 1980 • Florida applied for authorization for federal program • 1983 - Hazardous waste land disposal prohibited in Florida • Ponds were assumed to be storing sludge from waste water treatment • Required closure of interim status disposal sites
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- 8. Industrial Pretreatment • WastewaterTreatment Unit exemption • Does not apply to wastes held before treatment • Does not apply to wastes released from treatment units • Clean Water Act Regulated Discharges
- 9. Recycle Systems? • Platercut off from sewer system • Tried to build a process water recycling system • Didn’t work
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- 12. Illegal Discharges To theGround To Septic Systems 02/28/18 12
- 13. Evaporators Subpart X treatment?Subpart J Tank System? Regulatory Status?
- 14. Hazardous Waste Basics •Hazardous waste permits are not needed • Provided generators identify all the hazardous waste they generate • AND do not store or dispose of it on-site • AND comply with hazardous waste generator rules • Problem areas: • Waste determinations resulting in improper disposal • Facility maintenance failures resulting in discharges • Storage of potentially useable secondary materials • Or wastes
- 15. Hazardous Waste Identification •What is regulated vs. not regulated? • What is excluded? • Is the exclusion conditional? • Listings vs. Characteristics of Hazardous Waste • Limitations of 1980 vintage analytical methods • Limited knowledge regarding chemical toxicity • Limited available treatment and recycling technologies
- 16. May 19, 1980Original Listing • F006 Waste water treatment sludges from electroplating operations • F007 Spent plating bath solutions • F008 Plating bath sludges from the bottom of plating baths from electroplating • F009 Spent stripping and cleaning bath solutions from electroplating
- 17. November 12, 1980Final Listing • Amended in response to comments • Removed six specific processes from the scope of the F006 listing – sulfuric acid anodizing of aluminum, tin plating on carbon steel, chemical etching & milling of aluminum plus three others, not common in Florida. • Made F019 wastes a separate listing, chemical conversion coating of aluminum • listed for the presence of chrome and CN • But includes other processes that do not use chrome or CN • Changed the F007-9 listing descriptions to only include processes where CN is used
- 18. Cyanide Plating Wastes •F007 - Spent cyanide plating bath solutions from electroplating operations • F008 - Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process • F009 - Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process
- 19. Clean Water ActDefinition vs. RCRA exempt Processes • CWA “Plating” category includes electroless processes, conversion coating, anodizing • But does not include many etching processes like those uses to etch printing plates • December 2, 1986 EPA issued an “interpretive rule” after a court case that limited the processes that can generate listed waste water treatment sludges • Sludge from treating mixed process waste water is still listed. • Bath filters and anode bags
- 20. F006 Reinterpretation 51FR 43351 Deleted Processes •Chemical Conversion Coating • Ironically, this did not affect the F019 listing •Electroless Plating •Printed Circuit Board Manufacturing • Spent etching wastes, unless the waste water includes electroplating waste waters •Etching?
- 21. Not Listed • Processwaste water • However wastewater shipped for off site treatment will generate an F006 sludge • Spent non-cyanide process baths • Again, can generate an F006 sludge when shipped for off site treatment • Electrolytic cleaning wastes not associated with electroplating • Can still be characteristically hazardous 02/28/18 21
- 22. Etching Type Processes •EPA RCRA Online Memo #14808 dated 5/18/07 • Electropolishing • Chemical Machining • Electric Current passing through a circulating electrolyte causes the metal on a work piece to oxidize and dissolve • Chemical Milling – using masks and imaging processes similar to printing • Pre-paint operations • Usually called etching if on aluminum • Similar processes on steel are called conversion coating
- 23. Land Ban &TCLP • Since 1986 very few rule changes have been adopted that affect generators • The phase in of the land disposal restrictions mainly added a notification requirement, except for generators that were treating waste on site • Identification of underlying hazardous constituents • Phase in was completed 1994 • The Extraction Procedure Toxicity Test was replaced by the Toxicity Characteristic Leaching Procedure in 1990 • This mainly added some organic constituents • Some additional exemptions and exclusions were added, such as the universal waste rules • Florida did not adopt EPA’s 2008 solid waste rule
- 24. Generator Improvements Rule •EPA has been working on various proposals to make the hazardous waste generator regulations easier to understand for at about 15 years • Their final rule was published November 28, 2016 • It is not yet effective in Florida • Florida must adopt changes before July 1, 2018 • Most of the compliance requirements are the same • However there are some stricter provisions • Many of the rule citations have changed
- 25. Goals • Reorganize theregulations to make them more user-friendly and thus enable improved compliance by the regulated community • Provide greater flexibility for hazardous waste generators to manage waste in a cost-effective manner • Strengthen environmental protection by addressing identified gaps in the regulations • Clarify certain components of the hazardous waste generator program to address ambiguities and foster improved compliance
- 26. Stringency • More stringent: SQGre-notification Identifying hazards of wastes being accumulated & labeling Notification of closure Closure requirements for LQGs accumulating hazardous wastes in containers Clarifies biennial reporting is for the whole year, Biennial reporting for recyclers Quick Reference guide for contingency plans • Less stringent: VSQG consolidation Episodic generation Waiver from 50-foot rule
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- 28. VSQG Provisions • Nowallows companies to consolidate VSQG waste from remote locations under the generator provisions • Waste may be consolidated at a LQG site under the control of the same person (as defined under RCRA) as the generator • Equipment maintenance at remote locations • Power companies servicing substations • Containers marked & labeled VSQG Hazardous Waste • LQGs must notify and identify the VSQGs • Must keep records and manage waste as LQG waste • Biennial Reports Required
- 29. Episodic Generation • BothVSQGs and SQGs can use episodic generator provisions • Can be used for both planned and unplanned events • Once per calendar year with ability to petition for a second event • Requires notification 30 days prior to planned event, and 72 hours after an unplanned event • VSQGs must obtain EPA ID number • Must manifest waste to a TSDF & maintain records • Must have an emergency coordinator
- 30. Renotifications • Note thatnotification is required to make use of the episodic generator provisions • Small quantity generators will have to re-notify at least once every four years • Elimination of legacy data from the 1980s • Notification will also be required in order to take advantage of the new rules for management of hazardous secondary materials being recycled
- 31. Satellite Accumulation • SatelliteAccumulation Provisions – 40 CFR 262.14 • Emergency equipment availability & staff training • Contingency plan must identify locations • SQGs must have their emergency information posting nearby • Container size limits and labeling changes • Specifies 1 quart liquid or 1 kg of solid acutely hazardous waste • Must be compatible with contents • Must be separated from nearby incompatible waste or materials • Must be labeled “hazardous waste” in addition to an indication of the waste hazards • Container may be open under limited circumstances – if venting is required for proper equipment function
- 32. Not Satellite Containers Morethan 55 gallons
- 33. Central Accumulation Areas •Florida will keep the state’s container inspection recordkeeping requirement, even though the proposed federal requirement was not included in the final rule • Container labels must also include an indication of the nature of the hazardous waste within • SQGs will be allowed to accumulate waste in containment buildings and drip pads – 262 rules still cross reference Part 265 regulations • LQGs have new requirements for closing central accumulation areas
- 34. Management • Includes containersstored prior to treatment • Date & label containers • Inspect weekly • Provide aisle space for inspections • Provide spill control, decontamination, fire control and communication equipment • Maintain the facility to prevent releases • Containers must be closed, in good condition, not leaking • Incompatible materials must be separated
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- 36. Storage Prior toTreatment • Spent baths & other strong wastes being held for on-site treatment are regulated if characteristically corrosive, reactive or toxic • Materials held for re-use (secondary materials) are regulated if accumulated speculatively • The state can require you do demonstrate that secondary materials are not wastes • Spent materials held for recycling are regulated unless your state has adopted EPA’s redefinition of solid waste AND you have notified that you are generating these materials
- 37. Overfills, Leaks &Spills Acids will dissolve mortar Concrete block walls are not containment
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- 39. Closure • LQGs mustcomply with the closure performance standard, removing all waste and decontaminating or removing all system components, contaminated soils, subsoils etc. • If clean closure is not achieved, must close as a RCRA landfill • Time frames for closure apply • Notice of unit closure must be placed in the facility operating record • If the facility closes, the operator must notify at least 30 days prior to closing on form 8700-12
- 40. Preparedness and Prevention •The 50 foot setback from the property boundary for ignitable and reactive waste may be waived with the written approval of the local fire marshal • A copy must be available for inspection • The contingency plan must include a quick reference guide at the time of the next update • It may include a staffed position title with a guaranteed contact number, like a guard desk in lieu of the emergency coordinator’s home information
- 41. Quick Reference GuideContent • The types of hazardous waste on site, and associated hazards, in layman’s terms • The estimated maximum amount of each hazardous waste that may be on site at any one time • The identification of any hazardous wastes where exposure could require unique or special treatment by medical or hospital staff • A facility map showing areas where hazardous waste is generated, accumulated and treated, and routes for accessing these wastes
- 42. Guide Content (continued) •A street map in relation to surrounding businesses, schools and residential areas • The location of water supply (i.e. fire hydrant and its flow rate) • Identification of on-site notification systems • Name(s) of emergency coordinator(s) and contact number(s)
- 43. 8700-12FL Form Updates •Florida’s Notification of Hazardous Waste Activity Form will be updated: • Episodic Generation • Generators receiving VSQG waste • LQGs closing central accumulation areas • Importer activities – HW and spent lead acid batteries • Electronic Manifest Brokering Activities • Hazardous Secondary Materials Recycling Activities • Both on site and off site • Storing/Not Storing before recycling • Academic Labs Rule (40 CFR 262 Subpart K) notifications • Notices of Participation and Withdrawal
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Editor's Notes
- #3 When inspecting a business that conducts electroplating or surface finishing operations, it is important to understand the specific plating processes used, as that affects whether listed wastes are generated, or potentially characteristically hazardous wastes only. Some plating processes are specifically excluded from the scope of the F listings. Other processes generate listed wastes only if cyanides are used in the process.. Some processes use an electric current, and others that are considered to be electroplating under the Clean Water Act do not, and do not generate F-Listed wastes. It is also important to understand the layout of the process unit(s) – wastes generated within the process tanks are not regulated until they exit the process tank, and are not counted if they are discharged directly to a waste water treatment unit. Wastes that are accumulated prior to pretreatment are counted, if they are held in containers. A LOT of platers do not understand this…. RCRA, the Clean Air Act and the Clean Water act have all contributed toward the development of non aqueous and non electrical surface coating methods that have reduced the volume and toxicity of the wastes being generated. However, we tend to see a lot of older abandoned plating shops that become CERCLA removal sites. The process tanks are not regulated, but will become regulated if abandoned. This can include process tanks with solutions that have become speculatively accumulated. Always be wary if a plater tells you that he has 50 drums of “good” process baths waiting to be put back into his process tanks. It is also important to record the number of rinses, and find out whether the facility is using still rinses or flowing rinse tanks. Are still rinses used to make up process waste water losses? – Be wary if the process tanks are not heated tanks.
- #4 1972 Congress passes the Clean Water Act – amending the federal water pollution control act and requiring permits for facilities that were direct dischargers to waters of the united states. It also established pretreatment requirements for indirect dischargers – facilities that discharged to public sewer systems with the goal of preventing “pass through” interference. This applied to treatment plants that discharged to waters of the united states. At that time, Florida was experiencing tremendous growth, with consequent problems with the capacity of public sewers. Consequently, a tremendous number of privately owned package plants were built that either discharged to rapid infiltration basins – “perc ponds”- or spray fields. Some of them were quite large, basically privately owned regional utilities. The ones that were not required to have federal permits were also not required to have pretreatment programs. There was also nothing in Florida regulations that prevented them from accepting industrial waste water, even categorical discharges. So we had number of metal finishing operators discharging to quite small package plants. Likewise, there were no rules that required waste water treatment plants to accept waste water from an industry, even if it was located in their service area. In fact, if the plant was causing pass through interference with their operation, they were expected to cut off the discharge.
- #5 The Department of Health is still responsible for permitting on site septic systems for sanitary waste. The problem is that once a system is permitted, there is nothing preventing a building occupant from dumping waste down the drain. A number of landlords learned an expensive lesson from this. The office of pollution control became an independent agency in the late 1970s, with the responsibility for issuing domestic and industrial waste water disposal permits, right about the same time Congress was passing the Resource Conservation and Recovery Act. Florida applied for authorization to implement the program after the state legislature amended our statutes in 1980. A kicker was that in 1983, our state legislature added a provision that banned land disposal of hazardous waste. We could not issue permits for surface impoundments or new landfills – we had to require the existing facilities to close.
- #6 This is an example drawing from a 1971 permit application for a combined system to treat both sanitary and industrial waste from an electronics manufacturer. The system included tank treatment, systems a polishing pond and sprayfied. This was in a fairly rural area, when it was built – now it is right next to an interstate highway
- #7 This is another example of the kind of thing we used to see - this site is an electronics manufacturer just west of Tampa International Airport. When it was built, the facility could not connect to a sewer, and years later it could still not connect as the plant serving the area had exceeded capacity and could not accept new discharges until it completed a major construction and expansion. When the pond was permitted, it was not known that the plant had a plating line as well as assembly operations.
- #8 Smaller plants that might have directly discharged to surface water in the past eliminated that discharge by constructing on site systems. With RCRA, that practice was prohibited. This plant was in operation for a number of years, and moved from a direct discharger, to a perc pond, and then to septic tank drainfields before ultimately closing Smaller manufacturers especially were left scrambling for ways to minimize their waste water generation and to legally dispose of their plating waste water in a way that would not generate a sludge in contact with the land.
- #9 The Clean Water Act regulates point source discharges to the waters of the United States, and also requires indirect dischargers that discharge to public sewer systems to meet discharge limits. In general, permits are required, either from FDEP for direct dischargers or the control authority – the operator of the sewer system. However, there is no requirement that public sewer systems accept the waste water, and failing to meet your discharge limits is a good way to get cut off from the sewer system.
- #10 This is a small plater that was cut off from a private utility back in the late 1980s. They built a waste water treatment system that they claimed would allow them to reuse their process waste water. They ended up accumulating a large quantity of waste water, and also drummed process wastes, before we caught them illegally discharging their wastewater to their side yard. We have seen a number of sites that claimed that they were able to re-use all their rinsates as make up water in their heated process tanks. Some have drummed their wastes, sometimes claiming that the containers are holding useable process baths,
- #11 It’s been my experience that accumulated rinse water can only be recycled for a limited time. That treating the residuals from rinse water recycling systems – RO membranes or DI resins – is very expensive - None of the facilities that do off site regeneration have hazardous waste permits, and the resins are listed hazardous waste. So waste water and used process baths over-accumulate or get dumped. I can name half a dozen site off the top of my head that became emergency removal sites after the owners went bankrupt and couldn’t dispose of their waste
- #14 A number of smaller places installed waste water evaporators. EPA has issued some conflicting guidance on these over the years. Some regulators believed that the evaporators qualified as part of an exempt waste water treatment unit, it installation was required in order to eliminate a direct or indirect plating waste discharge. Others felt that the units should be considered thermal treatment units subject to hazardous waste permits as Subpart X miscellaneous treatment units. The differences are subtle, and I would recommend you discuss this with your local district office if you are considering installing an evaporator.
- #15 Most of the early problems we saw related to electroplaters or surface finishers arose from these basic program issues. These basics - identify your hazardous waste and don’t dispose of it on site - have been in place since 1980 for everyone The requirement to comply with generator regulations initially just applied to larger generators, but in 1986 there was a major expansion to any facility that generated more than 220 lb of hazardous waste in a calendar month – even if the facility’s yearly average generation rate was less than this.
- #17 The electroplating waste listings were among the first non-specific source wastes listed in 1980. Remember that the F-list consists of wastes that can be generated at many types of facilities. A copy of the original listing background document can be found in Oculus in the HW restricted cabinet. The original 1980 listing description was fairly straight forward, and relied a lot upon some of the clean water act definitions for what was considered to be an electroplating operation.
- #18 In November, the original listings were modified slightly in response to public comments. One commenter felt including chemical conversion coating wastes within the scope of the F006 listing was not appropriate, as they did not contain all the F006 listing constitutents. EPA agreed to separate the process and make the waste water treatment sludge a separate listing.
- #19 These are the final listing descriptions.
- #20 EPA listed hazardous wastes and wrote “Background Listing Documents” that described the wastes, the processes generating the waste and the characteristics of the waste that caused it to be listed. Various entities challenged this position on the basis that the language in the actual rule overrides a background listing document. If a process was not in the rule, it did not generate a listed hazardous waste (although it could still generate a characteristically hazardous waste.) EPA’s position that “electroplating” included electroless plating and conversion coating processes was “clarified” and “reinterpreted” by the agencys’ Chief Judicial Officer (basically, EPA lost an administrative hearing) that the listing did not include chemical etching as it applied to printed circuit board manufacturing if the spent etchant was not mixed with electroplating waste water or baths.
- #21 Although the Chief Judicial Officer specifically held that the reference to “etching” in the background document was not sufficient to indicate that the scope of the F006 listing included Printed Wiring Board etching processes, EPA held that other etching processes were still included. EPA also said they intended to reevaluate the scope of the F006 listing in the future – 25 + years and counting. If electroless plating waste waters are mixed with chemical etching or electroplating waste waters, the resultant waste water treatment sludge is still a listed F006 waste. When inspecting operations said to be “electroless nickel” be careful to identify all process baths, and also note whether a rectifier or electrodes are on site. Generators have been known to tell inspectors that current based processes are electroless processes. Any etching type process must be evaluated on a case by case basis – always document whether the process is anodic, cathodic or chemical only. Also document to the extent possible the purpose of the process.
- #23 EPA has issued a couple of guidance memos regarding the regulatory status of some specific sludges from some specific plating type lines. See RCRA Online. The problem with RCRA online is that only the reply is included in the database, not the original request for interpretation. In RCRA the way you ask a question will often affect the answer you get. The keys seem to be whether the etching type waste water is strictly chemical, or uses a current or whether the etching waste water is mixed with waste water from one or more regulated process. Copper anodizing wastes mixed with etching wastes generates a F006 sludge when treated. Etching of metal parts prior to painting does not, unless it is an aluminum conversion coating process, which generates F019 waste water sludge. Which is why many pre-paint operations are now being described as etching processes, rather than conversion coating.
- #28 The generator category determination rules are the “counting” rules – previously it was confusing because the hazardous waste determination requirement was in 262.11, but the rules for determining how to count the waste were in 261.5. The flow is more natural now – determine whether you generate a hazardous waste, then determine how much waste you generate per month. Eliminating 261.5 requires the CESQG provisions to be moved as well, and they are all now in Part 262. Part 262 still includes the requirements for manifesting and complying with USDOT regulations when shipping waste off site, but the rules for on site accumulation have been shifted. Before, the on site accumulation rules followed the off site transport rules. The on site management provisions now are found before the shipping rules, in the new sections. The management standards are largely the same. EPA did NOT change its rules to allow waste averaging over the calendar year.
- #29 However – note that USDOT regulations could still apply to this transport if the wastes are identified as USDOT hazardous materials. There are exemptions for materials of trade and limited quantities, but you need to be sure you qualify. These limits depend on the quantity and type of waste. There are limits as to the quantity of material in a single package, as well as the total quantity of material in a shipment.
- #30 Although EPA does not allow waste averaging over the calendar year, this rule includes a provision for generators who only exceed their accumulation limit occasionally
- #31 Note that the Florida Administrative Procedures Act makes it more difficult to amend state forms than to adopt federal rules by reference. We intend to adopt the generator improvements rule, but it will be effective before we can adopt a new notification form. This was also the case when we adopted the 2015 Epa redefinition of solid waste. As an interim measure, we have been telling people to submit a state notification form with the appropriate pages of the federal form attached in order to notify under either the generator improvements rule or the academic labs rule.
- #34 The hazard indication is not specified – it could include the USDOT shipping descriptions or markings, the applicable GHS pictograms or NFPA type marking.
- #39 Corrosive and toxic atmospheres, corrosive spills, conductive puddles near electrical lines, corroded stairs and walkways – issues that violate 40 CFR 261.31. – Check that access to safety showers and eye wash stations is not blocked. Per 40 CFR 265.35.
- #40 Note that these closure requirements do not apply to SQGs. However, if you are a LQG that accumulates waste within your waste water treatment unit’s secondary containments, you will be subject to this provision. What if the act of closure causes a SQG to become a LQG? Recommend that you take advantage of the episodic generator provisions.
- #44 This slide summarizes the changed Florida needs to make to conform with federal notification requirements. A schedule for implementation has not been announced.