Biographical Information Tim W. McDaniel, CIH, CSP, EHS Manager, - - PDF document

Workshop D

Sustainability/RCRA Permitting Best Practices … Benefiting from Ohio’s New Specific Universal Waste Rule

Wednesday, July 25, 2018 1 p.m. to 2:30 p.m.

Biographical Information

Tim W. McDaniel, CIH, CSP, EHS Manager, Navistar, Inc. 6125 Urbana Rd., Springfield, OH 45502 937-390-4024 Tim.mcdaniel@navistar.com Tim started his career with the Regional Air Pollution Control Agency in Dayton, Ohio in 1985 as an inspector and permit writer. After two years he went to work at Navistar, first as a contract consultant and then with Navistar full-time in 1989. He was promoted to Environmental Manager and then EHS Manager. During this time Navistar has received awards from US EPA and Ohio EPA for pollution prevention. The Springfield Assembly Plant has been registered to ISO 14001 since 2003. Tim’s current responsibilities include ISO 14001, regulatory participation in Ohio and environmental management at the Springfield Assembly Plant. He also serves on the Clark County Solid Waste Management District Policy Committee and the Clark County LEPC. Tim is a graduate of Eastern Kentucky University with a B.S. In Environmental Resources and he received both an MS and MA from Indiana University in Environmental Science and Ecology, respectively. Christa Oerly Russell, Senior Engineer, Trinity Consultants Trinity Consultants, 5829 Haverford Avenue, Indianapolis, IN 46220 317-695-4644 crussell@trinityconsultants.com Christa has more than 39 years of experience in environmental compliance, regulatory permitting, solid and hazardous waste management, and in industrial coatings and cement

• manufacturing. Christa began her environmental career in 1979 with Missouri DNR in air

permitting and expanded her regulatory experience with IDEM working predominantly in solid and hazardous waste permitting and compliance. Christa’s regulatory experience was followed in 1991 by a position as corporate Manager of Environmental Affairs for an industrial coatings manufacturer and included multimedia compliance responsibilities for 26 manufacturing facilities in the U.S. and Canada. In 1998 Christa joined Lone Star Cement Company as corporate Director of Environmental Compliance with compliance responsibilities for multiple cement plants and terminals. During her time in industry, Christa was also active in numerous industry work groups, including participation on several cement industry and coatings industry association committees. Christa served for several years as a Director on the Board of the Indiana Air and Waste Management Association as Programs Committee Chair. Christa joined Schreiber Yonley & Associates (SYA) in 2004 as a Senior Engineer working primarily with air permitting and emissions control technology evaluations for the cement industry and performing multimedia audits and providing assistance with RCRA compliance. SYA became part of Trinity Consultants in 2014 Christa has a Bachelor of Science degree in Chemical Engineering from the University of Missouri. Mitch Mathews, Manager, Haz. Waste Compliance, Ohio EPA PO Box 1049, Columbus, OH 43216-1049 614-644-2953 mitchell.mathews@epa.ohio.gov Mitch is the Manager for Hazardous Waste Compliance for the Ohio EPA, Division of Environmental Response and Revitalization (DERR). DERR oversees investigation and cleanup of contaminated sites; permitting, inspection, compliance and reporting of hazardous waste sites; and provides assistance and guidance for the voluntary cleanup and reuse of brownfield sites.

Ohio-Specific Universal Wastes

Ohio-Specific Universal Wastes

Mitch Mathews Hazardous Waste Program, Ohio EPA June 13, 2018 Mitchell.mathews@epa.ohio.gov

Webinar Segments

Advantages of Universal waste program Brief overview of the Universal Waste (UW) standards Issues of confusion Question and answer session

Universal Waste Rules

General - Advantages

Promotes the proper disposal of the designated wastes UWs do not count toward a generator’s monthly HW generation rate Generator is not required to determine if UW is a hazardous waste (assumption is that the waste is hazardous) Recycling of UW is encouraged (but not required) No hazardous waste manifesting required in Ohio

Universal Waste Rule

Ohio-specific wastes

Non-empty aerosol containers Antifreeze Paint Paint-related wastes

Aerosol containers:

• non-openable and non-refillable; holds substance under

pressure; uses propellant gas to deliver a product; does not include gas cylinders Antifreeze:

• Ethylene or propylene glycol used in heat transfer equipment
• r to winterize equipment

Ohio-Specific Universal Wastes

Definitions

Ohio-Specific Universal Wastes

Definitions

Paint :

• Pigment or unpigmented powder coating
• Pigmented/unpigmented mixture of binder and suitable liquid
• Generated from commercial, industrial, mining, agricultural and post-consumer

activities

• Forms an adhering coating on a surface upon drying or through the use of heat

Intended to include products commonly known as paint that are used to decorate, protect, convey a design or image and applied in a very thin coat

Ohio-Specific Universal Wastes

Definitions

Substances that are NOT paint

– Adhesives – Stucco/cement based coatings – Geotextiles and geomembranes – Surface leveling products – Insulation products – Spray foams – Petroleum asphalt products – Ingredients used to make paint (solvent, binder, pigment/colorant, part A epoxy, part B hardener)

Ohio-Specific Universal Wastes

Definitions

Paint-related Wastes:

• A material legitimately contaminated with paint
• Produced from packaging of paint, wholesale/retail
• perations, paint manufacturing, paint application

and removal activities

• Wastes that are NOT paint-related wastes

– Demolition debris – Ingredients used to make paint (solvent, binder, pigment/colorant, part A epoxy, part B hardener) – Spill cleanup materials

Universal Waste Entities

General Overview Small quantity handler UW (SQHUW)

– Generates or stores <5000 kg of UW (total)

Large quantity handler UW (LQHUW)

– Generates or stores >5000 kg of UW (total)

UW Transporter Destination facility

– Is a permitted HW facility and treats UW in a way other than allowed under the handler rules

Universal Waste

UW Management Provisions

Tank & container standards Labeling requirement Accumulation time limit up to one-yr Training requirement Spill cleanup requirement Notification requirement LQHUW/destination facility Tracking requirement for LQHUWs/destination facility Transportation per DOT requirements Waste specific management standards

Antifreeze

Develop written procedure to prevent commingling w/ other wastes Use dedicated collection and storage units Antifreeze, subsequent to generation, mixed w/used oil is classified as a used oil Handlers can recycle antifreeze

Aerosol Containers

UW Satellite accumulation area for aerosol containers Handler may puncture, drain & crush aerosol containers Contents removed from containers is not a universal waste and must be evaluated to determine whether it is HW – please recycle container

Paint & paint-related wastes

Handler may puncture, drain & crush containers of paint

– Collected paint is still a universal waste

Any handler can recycle UW paint waste Only the handler that generated UW paint-related wastes can reclaim the paint-related wastes on-site (e.g., spent solvent contaminated with paint)

– Residual from reclamation is not a UW; determine if waste is a HW – it may be listed HW

Issues of Confusion

Issues of Confusion

UWs are a unique group of hazardous wastes subject to less burdensome generator and transporter requirements The universal waste program is an optional regulatory program If the waste is not hazardous waste, it is not required to be managed as a hazardous waste or a universal waste

Issues of Confusion

UW is classified as hazardous waste at the destination facility where the waste is treated & subject to full regulation under the hazardous waste rules LDRs apply to the treatment of UWs; destination facility will likely ask handler for waste information A destination facility may also be a handler

– Storage or treatment per UW rules of incoming waste = handler – Treatment of waste = destination facility

Issues of Confusion

Listed hazardous waste codes may apply to treatment residuals of certain UWs Use manifest for Ohio-specific UWs shipped out of Ohio and designated as HW in receiving state

– Note waste is UW on line #14 of manifest – Michigan has UW antifreeze

Move UW satellite accumulation container of aerosol cans to central collection area when full and date container; one year time period begins

Issues of Confusion

Aerosol containers are not categorically designated a D003 in Ohio Aerosol cans of paint can be a UW aerosol container or UW paint waste How can Ohio adopt less stringent rules as compared to U.S. EPA?

Federal & State Rule Updates

• Ohio Rulemaking

– E-manifest rules – Generator Improvements rules – Contaminated Apparel and Wipes rule

• Federal Rulemaking

– UW aerosol can rule – Ignitability Characteristic (new ASTM method) – Pharmaceutical rule (final) – Definition of Solid Waste (aka - hazardous waste recycling rules)

Information Resources

Hazardous Waste Compliance Assurance and Inspection Support Section (614) 644-2924. Guidance document and Question & Answer document

http://epa.ohio.gov/derr/hazwaste/universalwaste

Benefits of the Revised Ohio Universal Waste Rule and Federal Definition of SW and Generator Improvements Rules

Columbus, OH ♦ July 25, 2018

Topics

˃ Comparison of Requirements for HW Generator

Categories

˃ Comparison of HW Generator Requirements to

UW Handler Requirements

˃ Potential Benefits of Federal Rule Changes

 Definition of SW  HW Generator Improvements Rule

˃ How to take advantage of these rule changes

Overview of HW Generator Categories

HW Generator Categories

˃ Conditionally Exempt Small Quantity Generator

(CESQG) will become Very Small Quantity Generator (VSQG)

˃ Small Quantity Generator (SQG) ˃ Large Quantity Generator (LQG)

HW Generator Categories

Generator Category Monthly HW Generation Limit Total HW On-site Accumulation Limit HW On-site Accum. Time Limit VSQG (formerly called CESQG) HW ≤ 100 kg (220 lb)and Acute HW ≤ 1 kg (2.2 lb) and Acute residue ≤ 100 kg ≤ 1,000 kg) (2,200 lb) N/A* SQG 100 kg< HW < 1,000 kg and Acute HW ≤ 1 kg and Acute residue ≤ 100 kg ≤ 6,000 kg (13,000 lb) 180 days maximum without permit LQG HW ≥ 1,000 kg or Acute HW > 1 kg or Acute residue > 100 kg N/A 90 days maximum without permit * Although not subject to standard on-site accumulation time limits:

• If a VSQG accumulates > 1 kg acute HW (or > 100 kg of cleanup residue), then all quantities of that acute HW waste must

be managed according to requirements for LQGs codified in §262.17(a)-(g), including the 90-day limit.

• If a VSQG accumulates > 1,000 kg non-acute HW, then that waste must be managed according to requirements for SQGs

codified in §262.16(b)(2)-(f), including the 180-day limit.

Requirements by Category (1/2)

Generator Category ID all HW Streams Manifest Pre-Transport Preparedness& Prevention Land Disposal Restrictions VSQG  * SQG      LQG     

* Although not subject to HW manifest requirements of 40 CFR 262 Subpart B, VSQGs must ensure that hazardous waste is delivered to a person or facility who is authorized to manage it.

Requirements by Category (2/2)

Generator Category Manage HW in Approved Tanks, Containers, etc. RCRA Section 3010 Notification Emergency Response Coordinator Available Contingency Plan Biennial HW Report VSQG SQG *   LQG **     * SQGs must manage HW in accordance with §262.16, which references the interim standards in 40 CFR 265.17(b) for ignitable, reactive, and incompatible wastes. ** LQGs must manage HW in accordance with §262.17, which references the interim standards in 40 CFR 265 for process vents, equipment leaks, tanks, surface impoundments, containers, etc.

Overview of Universal Waste Handler Categories

Universal Wastes

˃ Federal

 Batteries  Pesticides  Mercury-containing Equipment  Lamps

˃ Ohio-specific

 Aerosol Containers  Antifreeze  Paint and Paint-related Waste

Universal Waste Handler Categories

˃ Small Quantity Handler: < 5,000 kg (total of all

types of Universal Waste) accumulated at any time during a calendar year

˃ Large Quantity Handler: ≥5,000 kg (total of all

types of Universal Waste) accumulated at any time during a calendar year

Universal Waste Handler Requirements

Handler Category Maximum Total UW Accumulated On-site at Any Time During Calendar Year UW On-Site Accumulation Time Limit Manage in compatible, structurally sound, closed containers Label Small Quantity Handler <5,000 kg (11,025 pounds) ≤ 1 year

 

Large Quantity Handler ≥ 5,000 kg (11,025 pounds) ≤ 1 year

 

Universal Waste Handler Requirements

Handler Category Training Ship to UWH, Destination Facility, Foreign Destination Manifest EPA UW Handler Notification Document Shipments Small Quantity Handler

 

Large Quantity Handler

  * 

* You do not have to re-notify Ohio EPA if you have already notified of HW activities and have received a USEPA ID number.

Benefits to Expansion of UW in Ohio

˃ Fewer Requirements for UW versus HW ˃ Potential to change HW Generator Category and

reduce HW Generator Requirements

˃ Options for Recycling/Disposal ˃ Cost

Additional HW Exemptions/Exclusions

˃ Excluded Solvent Contaminated Wipes ˃ Definition of SW Rules

 Legitimate Recycling

˃ HW Generator Improvements Rules

 Episodic Generation  Consolidation of CESQG (VSQG) Waste at LQGs

Benefits of New Exemptions/Exclusions

˃ Fewer Requirements ˃ Potential to change HW Generator category and reduce

Generator Requirements

˃ Beneficial Reuse/Recycling rather than Disposal ˃ Broader Options for Management of Waste ˃ Cost

How can you take advantage of the current and upcoming rule changes?

(1/2)

˃ Goal: To reduce the quantity of HW generated

sufficiently to change HW Generator Category.

˃ How:

 Determine if you generate Ohio-specific UW and

handle according to UW provisions rather than as HW

 Determine if you generate HW Solvent-contaminated

wipes or other exempt/excluded waste streams

♦Can you/Do you meet the conditions for the

exemption/exclusion?

How can you take advantage of the current and upcoming rule changes?

(2/2) ˃ How:

 Determine what waste streams can be recycled under

the revised Definition of SW

♦Can you meet the legitimacy criteria?

 Determine if you have Episodic generation

♦Can you meet the conditions for the exemption?

 Determine if you have facilities that are CESQG/VSQG

that could utilize the Consolidation provisions to ship to

• ne of your LQG facilities

♦Can you meet the conditions for the exemption?

Potential Pitfalls/Obstacles

˃ Ohio-specific UW not UW in destination states

 Ohio-specific UW currently requires HW manifest if shipped

• ut-of-state

˃ Definition of SW just revised again, states likely need to

revise their rules again

˃ Generator Improvements Rules not adopted yet in most

states and varies by State ( KY has adopted, OH & IN have not)

Conclusions:

˃ Any or all of these regulatory changes may be

advantageous to your facility by:

 Reduce regulatory burden and liability of handling,

recordkeeping and reporting requirements

 Potential reduction in the cost for compliant

management of waste streams

Questions?

Christa Oerly Russell Senior Consultant Trinity Consultants (317) 695-4644 crussell@trinityconsultants.com

Navistar Case Study: Ohio’s New Universal Waste Rules and Generator Status

Tim McDaniel, EHS Manager

From Hazardous Waste Large Quantity Generator to Small Quantity Generator and Universal Waste Large Quantity Handler

Springfield Truck Assembly Plant

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Waste Classifications at Springfield

Hazardous Wastes

• Solvent based paints
• Solvents
• Paint debris with a low

flashpoint

• Aerosol cans
• Solvent soaked wipes
• Discarded chemicals

Original Universal Wastes

• Lamps
• Rechargeable batteries

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Regulations Landscape & Response

• Other states were beginning to add to their state

specific universal waste lists

• US EPA was reviewing the definition of solid waste,

creating excluding solvent contaminated wipes, and making other adjustments to reduce regulatory burdens in managing hazardous wastes

• Navistar saw an opportunity become a Small

Quantity Generator of Hazardous wastes

• Regulatory footprint reduction effort - also working to

eliminate sources and simplify our air pollution and wastewater permits

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The Road to Change

• Navistar wrote to Ohio EPA Director (circa 2007)

requesting that Ohio implement new universal waste rules similar to Texas

• More specific and limited changes such as

excluded solvent contaminated wipes were successfully implemented

• US EPA was changing the definition of solid

wastes in rulemaking but courts were holding up

• r turning back some of the changes

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Two Tracks

• Ohio Manufacturers Association joined in the request

during the next administration (circa 2012) and Ohio EPA began an evaluation of state specific universal wastes

• About the same time US EPA finalized rules changing

the definition of solid wastes (2008-2015). Ohio EPA indicated they did not have the resources to work on both at the same time. They continued to work on the universal wastes which started earlier.

• Courts delayed again the US EPA regulations but the

Ohio specific universal waste rules were implemented and effective December. The Courts ruled again and US EPA finalized the solid waste definition rule in May 2018.

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Navistar’s Goals

• Reduce costs and liabilities associated with

managing wastes without compromising the environment

– Use pollution prevention strategies to reduce volumes and toxicities of wastes generated – Seek recycling opportunities before treatment or disposal – Make use of reclassification of wastes as rules permit

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Navistar’s Wastes

• Paint purge solvent accounted for >95 percent of

the hazardous waste generated and it is recycled off-site

• Most of the rest of the hazardous waste was
• ther paint-related wastes sent to fuel blending
• Small quantities of unpunctured aerosol cans,

discarded chemicals, lab packs, adsorbents

• The greatest change had to be purge solvent

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Pollution Prevention

• Most of the opportunities had been implemented in the

past

– Reductions in quantity of purge required during color changes on the paint line, in loading the paint, left over in the color pots – Change in the purge solvent eliminated the F codes so that it was only a D001 hazardous waste

• Used the remaining F-listed purge solvent in another

paint booth where solvent recycling was not an option

• Before considering a change to SQG status, conducted

a campus-wide search for expired or unneeded chemicals and disposed of them.

– Did not want to exceed the LQG threshold later – Better inventory management afterwards.

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Recycling

• Investigated opportunities to use the new solvent

in the other paint booths and get it recycled

– A VOC-exempt solvent in the purged paint prevented that from being recycled by our supplier.

• Aerosol can puncturing device

– Cans can be processed as scrap metal and only the fluids and carbon filters will require disposal as a hazardous waste.

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Reclassification of Wastes

• Managing paint, paint purge solvent, flammable

paint debris as Ohio universal wastes

• Managing aerosol cans as Ohio universal

wastes and the collected residues as hazardous waste

– If only paint aerosol cans were in the collected waste this could still be a universal paint waste but not if mixed with non-paint related aerosol cans

• Managing rags and alcohol wipes as excluded

solvent contaminated wipes

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Waste Generator Status

• Submitted form 8700-12 to Ohio EPA

designating a change from Hazardous Waste Large Quantity Generator to Small Quantity Generator.

– We have been generating at a rate that would be CESQG but have decided to stay at the SQG regulatory status rather than potentially facing multiple changes in status

• Submitted a change in status to Large Quantity

Handler of Universal Waste

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Changes that reduce costs, time or liability of non-compliance

• Not required to maintain a hazardous waste contingency plan with

liabilities of it not being up to date or to submit it to local emergency responders

• Not required to conduct annual training for hazardous waste
• Reduced number of labelling & handling requirements for operators in

departments generating the wastes

• Not required to conduct documented weekly inspections in some

locations that only store universal waste but formerly were < 90 day accumulation areas for hazardous waste

• Easier to manage waste disposal with 180 day limit instead of 90 day

limit

• No biennial report
• No hazardous waste minimization plan
• Not required to conduct RCRA BB or CC inspections
• Reduced number of rented solvent cleaning tanks
• Universal waste lamps can be stored in a cabinet

instead of having every box closed shut

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Is Reduced Liability Real? – Navistar paid fines last year in another state

• Navistar was LQG and paid $15,000 fine for RCRA

violations including:

• Stored one container in the hazardous waste storage area for greater than

90 days without first obtaining a permit requesting extension

• Did not mark hazardous waste containers with the applicable EPA

hazardous waste numbers

• Did not mark with the words “Hazardous Waste” describing the contents of

the aerosol cans satellite accumulation container

• Did not post signs “Danger – Unauthorized Personnel – Keep Out” at any of

the entrances to the hazardous waste storage area

• Did not maintain at the site job descriptions for all employees that handled

hazardous waste.

• Did not provide adequate isle space between containers
• Did not place all universal waste lamps and containers and keep those

containers closed. One box of universal waste lamps was not closed

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Required versus options

• Still do many of the elements in the hazardous

waste rules but there is not a regulatory consequence if an inspection for universal waste is missed or if a plan that meets internal needs doesn’t meet exact requirements of a hazardous waste rule

• In a union shop with mobility in jobs, it reduces

the need to spend time on training for hazardous waste requirements during annual refresher training

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Some costs and requirements don’t go away

• Treatment & disposal

costs don’t change

• Most of our reclassified

Ohio universal wastes are disposed out of state and still requirement a Hazardous Waste Manifest in order to ship it to the other state where it is regulated as hazardous waste.

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SQG < 1000 KG per month ideas

Hazardous Waste Quantity P2 options Reviewed Rule change

• ptions

Current Paint Purge 1000s of gallons per month Already reduced several times. Definition of Solid Waste; Universal Waste Paint Universal Waste Paint Aerosol Cans Few drums per year Puncture to reduce weight Universal Waste Aerosol cans Universal Waste Paint and then puncture Waste paint and solvent, solids, not pumpable Few drums per month Recycle Definition of Solid Waste; Universal Waste Paint Universal Waste Paint Waste paint and solvent, pumpable Few drums per month Universal Waste Paint Universal Waste Paint Waste obsolete material Few drums per month Extensive house cleaning No large cleanup needed

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Thanks to

• Ohio EPA for willingness to listen and invest in

the resources to write new regulations and for the Ohio Manufacturers Association for leading the coalition that worked with EPA

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To be continued….

• The definition of solid waste rules still provide

great opportunities and provide more uniformity between states. Stay tuned. This should allow Navistar to change for a Universal LQH back to a SQH if the paint purge solvent can be excluded from the definition of solid waste.

• More Ohio specific universal wastes are
• possible. It takes many resources to write a new
• rule. Do the homework and bring the

background information to EPA with a request.

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• Questions
• Contact Information:

– Tim McDaniel tim.mcdaniel@Navistar.com

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