Workshop B But Wait! Theres More Waste Rules are Changing, Again - - PDF document

Workshop B

But Wait! There’s More … Waste Rules are Changing, Again and Again

Tuesday, March 26, 2019

9:45 a.m. to 11 a.m.

Biographical Information

Christa Oerly Russell, Manager of Consulting Services Trinity Consultants, Indianapolis, IN 46220 317-695-4644 crussell@trinityconsultants.com Christa has more than 40 years of experience in environmental compliance, multi-media 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. In 2018, Christa became

the manager of Trinity’s Indianapolis, Indiana office. Christa has a Bachelor of Science degree in Chemical Engineering from the University of Missouri. April J. Webb, PE, Hazardous Waste Branch Manager Kentucky Division of Waste Management 300 Sower Blvd, Frankfort, KY 40601 502-782-6470 April.Webb@ky.gov April started her environmental career with the Kentucky Division for Air Quality in 1997 as a permit writing engineer. April later served as the Supervisor of the Metallurgy Section in the Division for Air Quality, which oversaw permitting of various metal producing

• facilities. In 2003, April joined the Kentucky Division of Waste Management as the

Hazardous Waste Permit Review Section Supervisor. In 2005, she was promoted to the Hazardous Waste Branch Manager. April’s primary responsibilities include overseeing the permitting and clean up of RCRA facilities, including the Blue Grass Army Depot planned destruction of nerve agents and the cleanup at the Paducah Gaseous Diffusion

• Plant. April is a graduate of the University of Kentucky with a B.S. in Chemical

Engineering.

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. In 1987 he went to work at Navistar for QSource Engineering then joined Navistar in 1989. During his tenure at Navistar, the company has received numerous awards from US EPA and Ohio EPA for pollution prevention and environmental excellence as well as awards in safety and ergonomics. 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. Tim currently serves on the Clark County Solid Waste Management District Policy Committee and the Clark County LEPC. He is past chairman of the Truck Manufacturers Association Environment Committee and the Ohio Manufacturers Association Environment Committee and served on the Great Lakes Regional Pollution Prevention Roundtable. Tim is a graduate of Eastern Kentucky University with a B.S. In Environmental Resources/Biology and he received both an MS and MA from Indiana University in Environmental Science and Ecology.

Implementation Status of the Generator Improvements Rules in Indiana, Kentucky and Ohio

Cincinnati, Ohio – March 26, 2019

Topics

˃ HW Generator Improvements Rule ˃ GIR Adoption Status ˃ Case Studies

Overview of HW Generator Categories

HW Generator Categories

˃ Conditionally Exempt Small Quantity Generator

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



Monthly Generation :HW ≤ 100 kg (220 lb) and Acute HW ≤ 1 kg (2.2 lb) Accumulation:≤ 1,000 kg) (2,200 lb)

˃ Small Quantity Generator (SQG)



100 kg< HW < 1,000 kg and Acute HW ≤ 1 kg



Accumulation: ≤ 6,000 kg (13,000 lb)



Accumulation time: 180 days maximum without permit

˃ Large Quantity Generator (LQG)



HW ≥ 1,000 kg or Acute HW > 1 kg



Accumulation Limit: None



Accumulation Time: 90 days maximum without permit

HazWaste Generator Improvements Rule

˃ Long-awaited overhaul of the hazardous waste

generator rules

˃ Final Rule: November 28, 2016

 81 FR 85732

˃ 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

Major Provisions of the Rule

˃ Reorganization ˃ Episodic Generation ˃ Consolidation of CESQG (VSQG) Waste at

LQGs

˃ Ignitable and Reactive Waste Waiver ˃ Waste Determination Expectations ˃ Emergency Preparedness and Prevention ˃ Labeling ˃ Satellite Accumulation Provisions ˃ Closure Requirements ˃ Additional Changes and Clarifications

Reorganized Rule Structure

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 USEPA Identification Numbers §262.12 §262.18 Landfill Ban for Liquids §258.28 §262.35

Various “Minor” Changes

˃ “VSQG” (Very Small Quantity Generator) replaces

“CESQG”

˃ “Central Accumulation Area” defined

 Storage vs. central accumulation  Central vs. satellite accumulation

˃ Miscellaneous “improvements”

 Corrections, Clarifications  New definitions  Deleting outdated and obsolete provisions

˃ Cumulative effect of many relatively minor changes =

Potentially significant effort for generators to come into initial compliance

“Less Stringent” Provisions

˃ Episodic generators ˃ VSQG consolidation option ˃ 50-foot waiver for ignitable /

reactive waste HOWEVER!

˃ Not in effect until adopted in your state ˃ States are NOT required to adopt “less

stringent” provisions

Episodic Generation

˃ Episodic event

 Planned or unplanned activity, that does not normally occur

during generator operations, resulting in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits for the generator's usual category.

˃ Planned episodic event

 Planned and prepared for:

♦e.g., regular maintenance, tank cleanouts, short-term projects,

and removal of excess chemical inventory

˃ Unplanned episodic event

 Unplanned and reasonably did not expect to occur

♦e.g., production process upsets, product recalls, accidental spills,

“acts of nature” such as tornado, hurricane, flood

Episodic Generators

˃ Valuable option for facilities with occasional temporary

surge in hazardous waste generation

˃ 40 CFR 262 Subpart L (262.230-233) ˃ Generator can remain at existing (VSQG, SQG) category

during episodic generation, with the following conditions:

 Notify Agency at least 30-days in advance

♦(or within 72 hours for unplanned episode)

 Complete the episodic event within 60-days

♦No extensions

 Only one planned episodic event per year

♦Can petition for second (unplanned) event ♦No more than 2 episodic events/year

Episodic Generators, cont.

˃ VSQG (CESQG) must also comply with SQG waste

management provisions and maintain records

 Obtain USEPA ID Number  Use hazardous waste manifest and transporter to ship to

RCRA TSDF or recycler

 Manage in a way that minimizes potential for accident or

release

 Label episodic waste containers

♦“Episodic Hazardous Waste” ♦Identify hazards of contents

 Identify an emergency coordinator at the generator facility  Maintain records

Episodic Generators, cont.

˃ SQG must comply with existing SQG regulations

 Label episodic waste containers

♦“Episodic Hazardous Waste” ♦Identify hazards of contents

 Use hazardous waste manifest and transporter to ship to

RCRA TSDF or recycler

 Maintain records of episodic event

˃ CONDITIONAL! All conditions must be met to retain

the episodic generation conditional management benefit

 If one or more conditions is not met, automatically revert to

higher generator category

VSQG (CESQG) Consolidation Option

˃ Allows company to consolidate VSQG wastes at their

• wn LQG facility

 40 CFR 262.14(a)(5)(viii)

˃ Benefits companies with multiple locations

 At least one location is LQG  At least one location is VSQG  LQG does not need to be a permitted TSDF  Must be under control of the same “person,” as defined

under RCRA

 “Control” is the power to direct policies at the facility

˃ NOT APPLICABLE to SQGs

VSQG Consolidation Option

˃ VSQG Responsibilities:

 Mark and label containers as “Hazardous Waste”  Indicate hazards of the contents  Ship/transport in accordance with applicable regulations

♦DOT compliance if shipped on public roadway ♦No hazardous waste manifest required and hazardous waste

transporters do not have to be used

VSQG Consolidation Option

˃ LQG Responsibilities (found at 262.17(f))

 Notification (via Site ID Form) of participation in the program

(including info for all VSQGs participating)

♦USEPA Form 8700-12 recently revised

 Recordkeeping for each shipment

♦Maintain for 3 years

 Manage consolidated waste as LQG hazardous waste

♦Start date of accumulation = date received from VSQG

 Include in Biennial (Annual) Report

♦Will include new source code

Ignitable and Reactive Wastes

˃ 50-foot waiver

 Benefits facilities with narrow or odd-

shaped properties, or with limited space for hazardous waste accumulation

 Current rule

♦Ignitable and reactive wastes are prohibited

from storage within 50-feet of the property line

 New allowance

♦Can request site-specific waiver from the local

fire authority if unable to meet the 50-foot restriction

♦Written waiver required ♦Agency delegates responsibility for waiver to

local fire “authority having jurisdiction”

Waste Determinations

˃ Must accurately document hazardous waste

determinations (§262.11(f))

 Applies to SQGs and LQGs  Applies at point of generation – before diluted, treated,

mixed, or otherwise altered

 Does not apply to exempted wastes (although separate

recordkeeping may be required)

 Does not specifically apply to non-hazardous wastes

(although recommended as a best management practice)

˃ Using knowledge to determine waste characteristics

 Moves from 262.11(c)(2) to 262.11(d)(2)  Lists types of knowledge previously accepted by USEPA  Specifically allows alternative tests as part of knowledge

LQG Contingency Plans

˃ LQG Contingency Plans must have a “quick reference guide”

with most critical information (262.261(d))

 Contents of “quick reference guide”

♦Types/names of hazardous waste and associated hazards ♦Estimated maximum amounts of hazardous wastes ♦Hazardous wastes requiring unique/special treatment ♦Map showing where hazardous wastes are generated, accumulated or

treated at the facility

♦Map of facility and surroundings to identify routes of access and

evacuation

♦Location of water supply ♦Identification of on-site notification systems ♦Name of emergency coordinator(s) or listed staffed position(s) and 7/24-

hour emergency telephone number(s)

 Submit with first Contingency Plan or with first revision following

effective date of the rule

˃ Emergency Coordinator contact information no longer

required to include home phone number and home address

Emergency Preparedness & Planning

˃ Arrangements with Local Emergency Responders

 Must document attempts to make arrangements with

responders

♦Whether or not successful arrangements were made ♦Regulation is flexible on the acceptable types of documentation and on

the location where that documentation is retained

♦Waiver option for facilities with on-site response capabilities

˃ Preparedness and Prevention provisions have been

relocated and clarified

♦What emergency equipment is required, and where ♦Must address all areas where hazardous waste is generated and/or

managed

 LQG Information at 40 CFR 262 Subpart M  SQG Information at 40 CFR 262.16(b)(8)

Marking/Labeling Requirements

˃ Applies to all SQGs, LQGs, Transporters ˃ Label must indicate

 The words “Hazardous Waste”  Identification of hazards NEW

♦Choice of established methods: DOT

, OSHA, NFPA, …

 Add all waste codes (prior to shipment) NEW

♦May use recognized electronic option

– e.g., bar codes

♦Exception for lab packs

 Accumulation start date

˃ For vessels that can’t be labeled (e.g., some tanks,

drip pads, containment buildings)

 Info can be in records or logs kept at or near the location

• f the vessel

Satellite Accumulation Provisions

˃ Satellite accumulation area regulations for SQG and LQG

(New section at 40 CFR 262.15)

˃ Containerized wastes must be compatible with each other

and container itself, while in satellite accumulation

˃ Three-day requirement to move containers from satellite

accumulation means three calendar days

˃ Certain containers in SAA allowed to remain open under very

limited circumstances

 When necessary for safe operations – EXTREMELY limited

exception

˃ Marking and labeling consistent with central accumulation

areas

 Except date of accumulation – not required until full or closed and

removed

˃ Reactive waste satellite accumulation away from the point

• f generation – no longer allowed

Closure

˃ Closure of all generator central accumulation units must

meet closure performance standards (i.e. “clean close”)

 Existing LQG requirement extended to container accumulation units  Can defer (with appropriate notice) until full facility closure

˃ Closure requirements for LQG Container Accumulation Areas

that cannot clean close

 Must close as landfill  Place notice in operating record within 30-days after closing a unit

within a facility that cannot meet closure performance standards (or notify Agency that closure performance standards have been met)

 Notify Agency no later than 30-days prior to closing a facility  Notify Agency within 90-days after closure of a facility that cannot

clean close

˃ Note that there are separate provisions for closure of a HW

unit such as taking a HW tank, within a larger HW tank farm,

• ut of service or when replacing a HW tank.

“Independent Requirements” vs. “Condition for Exemption”

˃ 40 CFR 262.1 defines “independent requirement” and

“condition for exemption”

˃ 40 CFR 262.10(a) explains significance of those

distinctions

˃ This clarifies long-standing USEPA policy:

 Violation of an independent requirement

is subject to traditional enforcement paths (NOVpenaltyreturn to compliance)

 Noncompliance with an optional

exemption condition results in “full regulation” as per the underlying independent requirements

“Independent Requirements” vs. “Condition for Exemption”

˃ Example: Fred’s Fabulous Little Chemical Company, an SQG,

has a spill and notifies that they will be using the episodic generator provisions

 Fred neglects to arrange for shipment of the episodic generated

waste, and it sits at the facility for 100-days before finally being shipped off-site

 At day 61, the episodic generator condition (remove within 60-

days) has been violated, so Fred’s Fabulous Little Chemical Company reverts to being a LQG, subject to full LQG regulation

 At day 91, the LQG accumulation timeframe (90-days) has also

been exceeded, so the facility reverts to being an unpermitted hazardous waste storage facility, subject to full TSDF regulation

 NOTE: Most agencies will exercise “ enforcement discret ion”

unless t he sit uat ion is recurrent or poses severe risk

Status and Implementation

˃ Kentucky hazardous waste regulations codified under

401 KAR 39

 The updated federal rules were incorporated into Kentucky’s

regulations on December 7, 2017

˃ Illinois adopted the rules in late 2018, 35 IAC 722

 Some differences in approval process for Episodic generation

˃ Indiana expects to preliminarily adopt in May and rules

to be effective early 2020

˃ Ohio expected to adopt rules in 2019

GIR - Indiana

˃ Must be effective in a state to take advantage of new

provisions

 Example: Consolidation of CESQG (VSQG) Waste at LQGs

♦VSQG and LQG must both be in states where rules are effective.

 Episodic Generation  50-foot waiver for ignitable / reactive waste

˃ IDEM is OK with utilizing more stringent provisions

provided current rules also met

˃ IDEM is working on a separate rulemaking on the

Definition of Solid Waste

Current Status of GIR Adoption

Case Studies of Revised Rule

Episodic Generation Case (1/5)

˃ Situation: A VSQG of hazardous waste is planning to

clean out its laboratory. Typically, the site generates ~50 kg/month of hazardous waste. Designating the laboratory chemicals destined for disposal as wastes will increase its monthly hazardous waste total to ~150 kg

Episodic Generation Case (2/5)

˃ Under previous rule, this would have triggered the site’s

re-designation as a SQG.

˃ Under revised rule, 40 CFR 262 Subpart L establishes a

way to maintain VSQG status:

 Notify agency at least 30 days in advance  Ship waste off-site within 60 days of start of episodic event

(no extensions)

 Limit to one planned event per year (up to one unplanned

event also allowed)

Episodic Generation Case (3/5)

˃ 40 CFR 262 Subpart L (cont.):

 Manage wastes in accordance with SQG requirements,

including but not limited to:

♦Obtain EPA ID number ♦Satisfy container/tank requirements:

– Label containers/tanks with “Episodic Hazardous Waste”, indication of hazards, and date episodic event began – Keep inventory logs/records for tanks – Implement procedures to prevent tank overflow – Inspect tanks once each operating day – Containers must be in good condition and compatible with waste – Containers must be closed, except when adding/removing waste

♦Manage wastes to minimize fire, explosion, or release ♦Comply with HW manifest provisions ♦Maintain required records for 3 years

Episodic Generation Case (4/5)

˃ What did we forget to take into account?

Episodic Generation Case (4/5)

˃ Verify that none of the lab materials are Acute HW with

a ≤ 1 kg limit

˃ This could trip LQG status, since there is no SQG status

for Acute HW

VSQG Consolidation Case (1/4)

˃ Situation: A company has five (5) facilities classified as

VSQGs of hazardous waste. These sites each generate buckets of liquid waste on a regular basis, which may not be sent to the landfill. This leads to costly disposal arrangements for a site that would not otherwise need to use a HW disposal facility. The company also

• perates a LQG in the same area.

VSQG Consolidation Case (2/4)

˃ Under previous rule, this liquid waste could not be sent

to a LQG under the control of the same company.

˃ Under revised rule, this waste can be consolidated at

the LQG facility:

 The LQG does not need to be a permitted TSDF  No manifest required  No requirement to use a HW transporter  VSQG must mark and label the containers as HW and indicate

the specific hazards

 Must transport the wastes in accordance with applicable DOT

regulations if shipped on a public roadway

VSQG Consolidation Case (3/4)

˃ What questions did we forget to ask here?

VSQG Consolidation Case (4/4)

˃ Are all of the VSQGs in the same state as the LQG? ˃ Why does that matter?

 Not all states have adopted the Generator Improvements

Rule, and states are not required to adopt the “less stringent” provisions. Both VSQG and LQG states must have adopted these provisions.

Episodic Generation and VSQG Consolidation

˃ Question: Can a VSQG generate waste under the

“Episodic” generation provisions and then send it to a LQG under the “Consolidation” provisions?

˃ No, the waste generated under the episodic provisions

makes the facility “temporarily” SQG. Only VSQG waste can be “consolidated”.

Questions?

Christa Oerly Russell Manager of Consulting Services Trinity Consultants (317) 451-8106 crussell@trinityconsultants.com

K e ntuc ky’ s Vie w o n I mple me nta tio n o f Ne w Re g ula tio ns

April J. We b b Ha za rdo us Wa ste Bra nc h Ma na g e r

K e ntuc ky Re g ula tio n Upda te

 Upda te re g ula tio ns fro m 2005 to c urre nt  E

ve rg re e n

 I

mme dia te a ffe c ts o f upda te fo r the a g e nc y

 Affe c ts fo r fa c ilitie s

Ac ro nyms

 L

QG - L a rg e Qua ntity Ge ne ra to r

 SQG - Sma ll Qua ntity Ge ne ra to r  VSQG - Ve ry Sma ll Qua ntity Ge ne ra to r

Upda te Spe c ific s

 De c e mb e r 7, 2017  Re duc e d the K

e ntuc ky re g ula tio ns fro m 165 to 5

 I

nc o rpo ra te d the mo st c urre nt fe de ra l re g ula tio ns

 Multiple sta rts a nd sto ps b e fo re c o mple tio n  K

e ntuc ky we nt fro m b e ing o ne o f the la st to upda te to b e ing a he a d o f the pa c k

NE W - E ve rg re e n Re g ula tio ns

 Will inc o rpo ra te ne w fe de ra l re g ula tio ns a s the y a re

pro mulg a te d

 Re q uire s the a g e nc y to mo nito r a ny ne w re g ula tio ns

a nd the e ffe c ts o f imple me nta tio n

Ag e nc y I mple me nta tio n I ssue s

 Surprise ! Yo ur re g ula tio ns a re e ffe c tive to da y

 T

ypic a lly, pro po se d re g ula tio ns b ro ug ht b e fo re c o mmitte e

 T

he n, 30 da ys la te r b e c o me fina l

 HW re g s no t o n c o mmitte e a g e nda to disc uss, the re fo re la w

sta te s e ffe c tive imme dia te ly

 Pro g ra m c ha ng e s ne e de d imme dia te ly  Upda ting info rma tio n a nd g uida nc e do c ume nts no w  Ne w Ca b ine t we b site la unc he d

Affe c ts o n Re g ula te d F a c ilitie s

 Re g ula tio ns a re writte n diffe re ntly tha n in pa st, re q uire s

fe de ra l re g ula tio ns to b e re vie we d a s we ll

 Ho w ha ve re g ula tio ns a nd fo rms c ha ng e d, so kno w

wha t to sub mit

 Whe re to find info rma tio n o n ne w pro c e ss

E

• Ma nife st I

mpa c ts

 K

e ntuc ky do e s no t ma inta in ma nife sts … no sig nific a nt c ha ng e in sta te ’ s pro c e ss to da te

 K

e ntuc ky will re q ue st ma nife sts during inspe c tio ns a nd if ne e de d to ve rify info rma tio n o n re po rts

Ge ne ra to r I mpro ve me nt Rule I mpa c ts

 Re g istra tio n re q uire me nts  One time g e ne ra tio n vs e piso dic  Co nso lida tio n a t L

QG

Re g istra tio n re q uire me nts Sta te vs F e de ra l

Ge ne r ator T ype State F e de r al

L QG

• re ne w e ve ry ye a r
• pa y re g istra tio n fe e

Ma rc h 1 o f e ve n numb e re d ye a r a s pa rt

• f b ie nnia l re po rt

SQG

• re ne w e ve ry ye a r
• pa y re g istra tio n fe e
• 2021 = first re ne wa l
• e ve ry 4 yrs the re a fte r

b y Se pt 1 VSQG I f wa nt / ne e d E PA I D # :

• re g iste r
• pa y fe e
• re ne w a nnua lly to

ma inta in Must ha ve va lid E PA I D # to utilize e piso dic e ve nt

One time g e ne ra tio n vs e piso dic

Ge ne r ator T ype One T ime E pisodic

L QG NA NA SQG

• Me e t sta nda rds fo r L

QG (if wa ste g e ne ra te d c ha ng e s c a te g o ry) until fa c ility mo difie s re g istra tio n

• Must re po rt a nd pa y fo r wa ste

g e ne ra te d fo r e ntire ye a r

• Allo we d to ma inta in e xisting

g e ne ra to r c a te g o ry in e ve nt o f pla nne d / unpla nne d e piso dic g e ne ra tio n

• E

piso dic Wa ste doe s not c o unt to wa rds mo nthly g e ne ra to r sta tus de te rmina tio n

VSQG

• Me e t sta nda rds fo r SQG o r

L QG (if wa ste g e ne ra te d c ha ng e s c a te g o ry) until fa c ility mo difie s re g istra tio n

• Must re po rt a nd pa y fo r wa ste

g e ne ra te d fo r e ntire ye a r

• Allo we d to ma inta in e xisting

g e ne ra to r c a te g o ry in e ve nt o f pla nne d / unpla nne d e piso dic g e ne ra tio n

• E

piso dic Wa ste doe s not c o unt to wa rds mo nthly g e ne ra to r sta tus de te rmina tio n

E piso dic Ge ne ra tio n Do ’ s a nd Do n’ ts



Must ha ve a va lid E PA I D numb e r



Allo we d o ne e ve nt pe r c a le nda r ye a r



E ve nts c a n b e pla nne d o r unpla nne d



F a c ility c a n pe titio n fo r a se c o nd e ve nt, b ut must b e diffe re nt tha n first (i.e . if first o ne wa s unpla nne d, se c o nd must b e pla nne d)



F a c ility must no tify no la te r tha n 30 da ys b e fo re a pla nne d e ve nt

• r within 72 ho urs o f a n unpla nne d e ve nt

E piso dic Ge ne ra tio n Co ntinue d

 Wa ste

 must b e la b e le d “E

piso dic Ha za rdo us Wa ste ”

 la b e l must c o nta in ha za rd(s) a sso c ia te d with the wa ste  la b e l must ide ntify sta rt a nd e nd da te o f e ve nt  must b e ma nife ste d o ffsite to RCRA fa c ility within 60 da ys o f

sta rt o f e ve nt

 F

• r a pla nne d e piso dic e ve nt, e piso dic wa ste g e ne ra tio n

I s no t limite d to o ne pro je c t

Co nso lida tio n a t L QG



VSQGs a llo we d to ship wa ste witho ut ma nife st to L GQ unde r c o ntro l o f sa me pe rso n/ e ntity a s VSQG



Must la b e l wa ste a ppro pria te ly



No limit o n a mo unt o r type s o f ha za rdo us wa ste fro m VSQGs



L QG must no tify o n 8700-12 fo rm a t le a st 90 da ys prio r to re c e iving first shipme nt



L QG must ma inta in re c o rds fo r 3 ye a rs



L QG must ma rk sta rt da te o f a c c umula tio n (b a se d o n re c e ive d da te )



L QG must ma na g e wa ste unde r a ll re g ula tio ns a pplic a b le to L QG inc luding re po rting re q uire me nts

Othe r I ssue s fro m Re g ula tio n Upda te

 E

me rg e nc y q uic k re fe re nc e g uide

 L

QG c lo sure o f a c c umula tio n unit

 L

QG c lo sure o f fa c ility

 Annua l vs Bie nnia l Re po rt

Quic k Re fe re nc e Guide

 I

nte nde d to b e simple do c ume nt fo r e me rg e nc y pe rso nne l

 Ne e ds to supply a ny info rma tio n ne e de d in e me rg e nc y

situa tio n

 T

ry to ke e p simple b ut sho uld b e tho ro ug h

 Must b e sub mitte d ne xt time c o nting e nc y pla n is re vise d  Co ming So o n - Guida nc e fo r the Quic k Re fe re nc e

L QG Clo sure o f Ac c umula tio n Unit

 Pla c e no tic e in o pe ra ting re c o rd within 30 da ys a fte r

c lo sure ide ntifying lo c a tio n o f unit a t fa c ility

 Me e t c lo sure pe rfo rma nc e sta nda rds a nd no tify E

PA/ K Y no la te r tha n 30 da ys prio r to c lo sing unit

 No tify within 90 da ys a fte r c lo sing fa c ility o f c o mplia nc e

with c lo sure pe rfo rma nc e sta nda rds

 Additio na l time ma y b e re q ue ste d to c le a n c lo se

L QG Clo sure o f F a c ility



No tify K Y/ E PA using fo rm 8700-12 & K Y Adde ndum DWM7037A, no la te r tha n 30 da ys prio r to c lo sing fa c ility



No tify K Y/ E PA using fo rm 8700-12 & K Y Adde ndum DWM 7037A, within 90 da ys a fte r c lo sing fa c ility o f c o mplia nc e with a pplic a b le c lo sure pe rfo rma nc e sta nda rds



I f fa c ility CANNOT me e t a pplic a b le c lo sure pe rfo rma nc e sta nda rds, no tify K Y/ E PA using fo rm 8700-12 & K Y Adde ndum DWM 7037A, o f c lo sure a s la ndfill unde r 40 CF R 265.310 (fo r c o nta ine r, ta nk, c o nta inme nt b uilding unit(s)), o r 40 CF R 265.445(b ) (fo r o f drip pa ds)



L QG ma y re q ue st a dditio na l time to c le a n c lo se

Annua l (Sta te ) vs Bie nnia l (F e de ra l) Re po rt

Ge ne r ator T ype State F e de r al

L QG sub mit re po rt a nd a sse ssme nt a nnua lly, inc lude a ll wa ste g e ne ra te d in ye a r, no t just fo r time a s L QG sub mit re po rt b ie nnia lly, inc lude a ll wa ste g e ne ra te d in ye a r, no t just fo r time a s L QG SQG sub mit re po rt a nd a sse ssme nt a nnua lly, inc lude a ll wa ste g e ne ra te d in ye a r, no t just fo r time a s SQG NA VSQG I f g e ne ra to r c a te g o ry c ha ng e d due to o ne time g e ne ra tio n sub mit re po rt a nd a sse ssme nt a nnua lly, inc lude a ll wa ste g e ne ra te d in ye a r NA

Ne w Re g ula tio ns



Ae ro so l Ca ns



E PA pro po sing to a dd to “unive rsa l wa ste s” re g ula te d unde r 40 CF R 273



Re duc e re g ula to ry c o sts fo r wide va rie ty o f e sta b lishme nts g e ne ra ting a nd ma na g ing a e ro so l c a ns b y pro viding c le a r, pra c tic a l syste m fo r ha ndling



Stre a mline d Unive rsa l Wa ste re g ula tio ns a re e xpe c te d to :



E a se re g ula to ry b urde ns o n re ta il sto re s a nd o the rs tha t disc a rd a e ro so l c a ns



Pro mo te c o lle c tio n a nd re c yc ling o f a e ro so l c a ns



E nc o ura g e de ve lo pme nt o f munic ipa l a nd c o mme rc ia l pro g ra ms to re duc e q ua ntity o f the se wa ste s g o ing to munic ipa l so lid wa ste la ndfills o r c o mb usto rs



E PA re c e ive d pub lic c o mme nt o n this pro po sa l

Ne w Re g ula tio ns Co ntinue d



Pha rma c e utic a l



Sig ne d De c 11, 2018



Pub lishe d in F e de ra l Re g iste r (F R) o n F e b 22, 2019



E sta b lishe s c o st- sa ving , stre a mline d sta nda rds fo r ha ndling HW pha rma c e utic a ls to b e tte r fit o pe ra tio ns o f he a lthc a re se c to r while ma inta ining pro te c tio n o f huma n he a lth a nd e nviro nme nt



Ove r-the -c o unte r nic o tine re pla c e me nt the ra pie s (i.e ., pa tc h, g um, lo ze ng e ) no lo ng e r c o nside re d HW whe n disc a rde d



Re a ffirm E PA’ s lo ng -sta nding po lic y tha t no n-Rx pha rma c e utic a ls a nd

• the r unso ld re ta il ite ms tha t ha ve re a so na b le e xpe c ta tio n o f b e ing

le g itima te ly use d/ re use d o r re c la ime d a re no t so lid wa ste

Co nc lusio n



K e ntuc ky wo rking o n upda ting g uida nc e do c ume nta tio n



K e ntuc ky will mo nito r ne w fe de ra l re g ula tio ns to de te rmine a ffe c t o n sta te pro g ra m



E PA, in c o njunc tio n with sta te a g e nc ie s, ,de ve lo ping ne w g uida nc e do c ume nts



K e ntuc ky ha s a ne w we b site : e e c .ky.g o v



Se nd us fe e db a c k o n info rma tio n a va ila b le

Co nta c t I nfo rma tio n

April J We b b 300 So we r Blvd F ra nkfo rt, K Y 40601 April.We b b @ ky.g o v 502-782-6470

KY HWB = Kentucky Hazardous Waste Branch in the Division of Waste Management, 300 Sower Blvd, 2nd Floor, Frankfort, Ky 40601 Form 8700-12 & KY Addendum DWM 7037A can be found here http://waste.ky.gov/HWB/Pages/HWBforms.aspx

FACT SHEET:

LQG HAZARDOUS WASTE ACCUMULATION AREA CLOSURE

40 CFR 262.17(a)(8) states “A large quantity generator accumulating hazardous wastes in containers, tanks, drip pads, and containment buildings, prior to closing a unit at the facility, or prior to closing the facility, must meet the following conditions:” These conditions are listed below (and do not apply to satellite accumulation areas):

• A. When closing a waste accumulation unit: A large quantity generator must do
• ne of the following:
• 1. Place a notice in the operating record within 30 days after closure identifying the

location of the unit within the facility; OR

• 2. Meet the closure performance standards of C. below for container, tank, and

containment building waste accumulation units, or D. below for drip pads. AND ALSO notify KY HWB following the procedures in B. below. (NOTE: If the waste accumulation unit is subsequently reopened, the generator may remove the notice from the operating record.)

• B. When closing a waste accumulation facility: A large quantity generator must:
• 1. Notify KY HWB using form 8700-12 plus the KY Addendum DWM 7037A, no

later than 30 days prior to closing the facility

• 2. Notify KY HWB using form 8700-12 plus the KY Addendum DWM 7037A, within

90 days after closing the facility that it has complied with the applicable closure performance standards of C. or D. below. However, if the facility cannot meet the applicable closure performance standards of C. or D. below, then notify KY HWB using form 8700-12 plus the KY Addendum DWM 7037A, that it will close as a landfill under 40 CFR 265.310 (in the case of a container, tank or containment building unit(s)), or 40 CFR 265.445(b) (in the case of drip pads).

• 3. A large quantity generator may request additional time to clean close, but it must

notify KY HWB using form 8700-12 plus the KY Addendum DWM 7037A, within 75 days after the date provided in A. or B. above to request an extension and provide an explanation as to why the additional time is required.

• C. CLOSURE PERFORMANCE STANDARDS (for containers, tank systems, and

containment building waste accumulation units) The Large Quantity Generator must close the waste accumulation unit or facility in a manner that:

KY HWB = Kentucky Hazardous Waste Branch in the Division of Waste Management, 300 Sower Blvd, 2nd Floor, Frankfort, Ky 40601 Form 8700-12 & KY Addendum DWM 7037A can be found here http://waste.ky.gov/HWB/Pages/HWBforms.aspx

• 1. Minimizes the need for further maintenance by controlling, minimizing, or

eliminating, to the extent necessary to protect human health and the environment, the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere AND

• 2. Removes or decontaminates all contaminated equipment, structures and soil and

any remaining hazardous waste residues from waste accumulation units including containment system components (pads, liners, etc.), contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless 40 CFR 261.3(d) applies. AND

• 3. Any hazardous waste generated in the process of closing either the facility or

unit(s) accumulating hazardous waste must be managed in accordance with all applicable standards of parts 262, 263, 265 and 268 of this chapter, including removing any hazardous waste contained in these units within 90 days of generating it and managing these wastes in a RCRA Subtitle C hazardous waste permitted treatment, storage and disposal facility or interim status facility. AND

• 4. If the generator demonstrates that any contaminated soils and wastes cannot be

practicably removed or decontaminated as required in C.2., then the waste accumulation unit is considered to be a landfill and the generator must close the waste accumulation unit and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (§265.310 of this chapter). In addition, for the purposes of closure, post-closure, and financial responsibility, such a waste accumulation unit is then considered to be a landfill, and the generator must meet all of the requirements for landfills specified in subparts G and H of part 265 of this chapter.

• D. CLOSURE PERFORMANCE STANDARDS (for drip pad waste accumulation

units) The Large Quantity Generator must close the waste accumulation unit or facility by completing the following:

• 1. Same requirements as in B. above

AND

• 2. Same requirements as in C.1. and C.3. above

AND

• 3. Comply with 40 CFR 265.445(a) and (b)

KY DWM – Hazardous Waste Generator Requirements Summary

Regulatory Provision 40 CFR 401 KAR/KRS LQG SQG VSQG

Hazardous waste generation rate §260.10 & §262.13 KAR 39:080 Sec 1(1) *Not defined in KRS 224.1-010(12) defer to federal definitions Generates any of the following amounts in a calendar month: (1) Greater than or equal to 1,000 kg (2200 lbs) of non-acute hazardous waste; or (2) Greater than 1 kg (2.2 lbs) of acute hazardous waste (3) Greater than 100 kg (220 lbs) of acute cleanup residue Generates the following amounts in a calendar month: (1) Greater than 100 kg (220 lbs) but less than 1,000 kg (2200 lbs) of non-acute hazardous waste; and (2) Less than or equal to 1 kg (2.2 lbs) of acute hazardous waste (3) Less than or equal to 100 kg (220 lbs) of acute cleanup residue Generates less than or equal to the following amounts in a calendar month: (1) 100 kg (220 lbs) of non-acute hazardous waste; and (2) 1 kg (2.2 lbs) of acute hazardous waste (3) 100 kg (220 lbs) of acute cleanup residue Notify EPA/State of hazardous waste activity and obtain EPA ID # §262.18(a) KAR 39:080 Sec 1(2) Required with Annual Report Addendum DWM 7072A Required with Annual Report Addendum DWM 7072A Not required except for Episodic Generation or transport Allowable accumulation units §265 Subparts J, I, W & DD KAR 39:090 Sec 2(1) Tanks: Subpart J, Containers: Subpart I, Drip Pads: subpart W, Buildings: subpart DD Tanks: Subpart J, Containers: Subpart I Any (as long as no placement on the land

• ccurs)

Allowable accumulation period §262.14-17 KAR 39:080 Sec 1(1) 90 days 180 days (270 days if the waste is transported 200+ miles) None up to 1,000 kg (2,200 lbs) then 180 days Hazardous waste label §262.17(a)(5) KAR 39:080 Sec 1(1) Required on each tank and container Required on each tank and container No requirement

KY DWM – Hazardous Waste Generator Requirements Summary

Accumulation start date marking §262.17(a)(5)(C) KAR 39:080 Sec 1(1) Date labeled on each container, recorded in facility log for tanks, drip pads, and containment buildings Date labeled on each container, recorded in facility log for tanks No requirement Maximum onsite waste accumulation §262.14 & §262.16 KAR 39:080 Sec 1(1) No quantity limit 6,000kg (13,200 lbs) 1,000kg (2,200 lbs) Container location standards §265.176 & §262.16(b)(3)(vii)(B) & §262.17(a)(1)(vi) KAR 39:090 Sec 2(1) At least 15 meters (50 ft) from the property line for ignitable or reactive 1/6th sum of adjacent tank diameters not less than 3 ft for ignitable or reactive None Treatment allowed in accumulation units §265.17(b) KAR 39:080 Sec 1(7) Permitted with cabinet approval Permitted with cabinet approval Permitted with cabinet approval Meet subparts AA-CC

• rganic air emission

standards §265 subparts AA & CC KAR 39:090 Sec 2(1) Required for tanks and containers No requirement No requirement Use a manifest to ship waste offsite §265 subpart E KAR 39:090 Sec 2(1) Required signed and dated by owner,

• perator or agent

Required signed and dated by owner,

• perator or agent

No requirement Allowable classes of facilities to receive

• ffsite shipment

§262.14(a)(5) & §262.18(a)-(c) KAR 39:080 Sec 1(9)- (10) Permitted or interim hazardous waste facilities Hazardous waste recycling facilities Permitted or interim hazardous waste facilities Hazardous waste recycling facilities Permitted or interim hazardous waste facilities Hazardous waste recycling facilities State-permitted, licensed, or registered municipal/industrial waste facilities

KY DWM – Hazardous Waste Generator Requirements Summary

Use transporters and

• ffsite facilities with EPA

ID #’s §262.18(c) KAR 39:080 Sec 1(9) Required Required No requirement Prepare LDR notifications/certification §262.16(7) & §262.17(9) KAR 39:080 Sec 1(1) Required Required No requirement Personnel training §264.16 KAR 39:090 Sec 1 & KRS 224.50-130(3)(c) Required Required No requirement Preparedness and prevention §265 subpart C KAR 39:090 Sec 2(1) Required Required No requirement Contingency plan and emergency procedures §265 subpart D & §262.16(8)-(9) KAR 39:090 Sec 2(1) & KAR 39:080 Sec 1(1) Required Required No requirement Prepare/file records §262.40-44 KAR 39:080 Sec 1(1) & KRS 224.46-510 Required to keep records for 3 years Required to keep records for 3 years No requirement but should keep hazardous identification records These guidelines have been drafted under the provisions of KRS Chapter 224 and regulations promulgated pursuant thereto. Adherence to these guidelines does not supersede any requirement to comply with 401 KAR regulations nor relieve the permittee from the responsibility of obtaining any other permits or licenses required by this Cabinet and other state, federal, and local agencies.

Hazardous Waste Large Quantity Generator – Clean Closure Checklist October 2018 Page 1 of 4

Facility Name: Facility Address: EPA ID: Agency Interest ID:

Instructions: In order to help expedite the review process, please submit the following with form 8700‐12, Kentucky Addendum 7037A and Request to Be Removed 7086 Notification: 1) Columns “Submitted” must be completed by the applicant. Failure to do so may result in an Administrative Notice of Deficiency by the Division. 2) Submit supporting documentation and clean closure certification *Notes: Y for Yes. N for No. NA for Not Applicable. Clean Closure Requirement Regulation (Federal or State) Submitted (Y/N/NA)* Location in Application Technically Adequate (Y/N)* Comments 1 Notification A large quantity generator accumulating hazardous wastes in containers, tanks, drip pads, and containment buildings, prior to closing a unit at the facility, or prior to closing the facility, must meet the following notification conditions: 40 CFR 262.17(a)(8) 1.1 Waste Accumulation Unit Closure 40 CFR 262.17(a)(8)(i) The generator shall place a notice in the operating record within 30 days after closure identifying the location of the unit within the facility. OR Meet the requirements in Checklist 2 below and notify Kentucky Hazardous Waste Branch following the procedures in Checklist 1.2 below for the waste accumulation unit. If the waste accumulation unit is subsequently reopened, the generator may remove the notice from the operating record.

Hazardous Waste Large Quantity Generator – Clean Closure Checklist October 2018 Page 2 of 4 Clean Closure Requirement Regulation (Federal or State) Submitted (Y/N/NA)* Location in Application Technically Adequate (Y/N)* Comments 1.2 Facility Closure 40 CFR 262.17(a)(8)(ii) (A) - (C) i. Notify Kentucky Hazardous Waste Branch using form 8700-12, Kentucky Addendum 7037A and Request to Be Removed 7086 no later than 30 days prior to closing the facility.

• ii. Notify Kentucky Hazardous Waste Branch using form 8700-12

within 90 days after closing the facility that it has complied with the closure performance standards in Checklist 2 below for the waste accumulation unit.

• iii. The generator may request additional time to clean close, but it

must notify Kentucky Hazardous Waste Branch using form 8700- 12 and Kentucky Addendum 7037A within 75 days after the date provided in Checklist 1.2.i. above to request an extension and provide an explanation as to why the additional time is required. 2 Closure Performance Standards 2.1 Container, Tank Systems, and Containment Building Waste Accumulation Units The generator shall demonstrate the following: 40 CFR 262.17(a)(8)(iii) (1) – (4) i. Minimized the need for further maintenance by controlling, minimizing, or eliminating the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off,

• r hazardous waste decomposition products to the ground or

surface waters or to the atmosphere.

• ii. Removed or decontaminated all contaminated equipment,

structures and soil and any remaining hazardous waste residues from waste accumulation units including containment system If the generator finds that any contaminated soils and wastes cannot be practicably removed or decontaminated,

Hazardous Waste Large Quantity Generator – Clean Closure Checklist October 2018 Page 3 of 4 Clean Closure Requirement Regulation (Federal or State) Submitted (Y/N/NA)* Location in Application Technically Adequate (Y/N)* Comments components (pads, liners, etc.), contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless 40 CFR Part 261.3(d) applies. then the waste accumulation unit is considered to be a landfill, and the generator shall use LQG Waste In Place Closure Checklist.

• iii. Any hazardous waste generated in the process of closing either

the generator's facility or unit(s) accumulating hazardous waste must be managed in accordance with all applicable standards of 40 CFR Parts 262, 263, 265 and 268, including removing any hazardous waste contained in these units within 90 days of generating it and managing these wastes in a RCRA Subtitle C hazardous waste permitted treatment, storage and disposal facility or interim status facility. 2.2 Drip Pad Waste Accumulation Units The generator shall demonstrate the following: 40 CFR 262.17(a)(8)(iv) i. Minimized the need for further maintenance by controlling, minimizing, or eliminating the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off,

• r hazardous waste decomposition products to the ground or

surface waters or to the atmosphere. 40 CFR 262.17(a)(8)(iii) (A)(1)

• ii. Removed or decontaminated all waste residues, contaminated

containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste. 40 CFR 265.445(a) and (b) If the generator finds that not all contaminated subsoils can be practically removed or decontaminated, the drip pad is considered to be a landfill, and the generator shall use LQG Waste In Place Closure Checklist. The generator must close the facility and perform post-closure care in accordance with closure and post- closure care requirements that apply to landfills (§265.310).

Hazardous Waste Large Quantity Generator – Clean Closure Checklist October 2018 Page 4 of 4 Clean Closure Requirement Regulation (Federal or State) Submitted (Y/N/NA)* Location in Application Technically Adequate (Y/N)* Comments

• iii. Any hazardous waste generated in the process of closing either

the generator's facility or unit(s) accumulating hazardous waste must be managed in accordance with all applicable standards of 40 CFR Parts 262, 263, 265 and 268, including removing any hazardous waste contained in these units within 90 days of generating it and managing these wastes in a RCRA Subtitle C hazardous waste permitted treatment, storage and disposal facility or interim status facility. 40 CFR 262.17(a)(8)(iii) (A)(3)

, Inc.

Navistar Case Study: Reclassifying Wastes …the Road to SQG Status

Tim McDaniel, EHS Manager

, Inc.

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

, Inc.

Springfield Truck Assembly Plant

67

, Inc.

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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, Inc.

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 a new category for “Excluded 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, wastewater and stormwater permits

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, Inc.

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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, Inc.

Two Tracks

• Ohio Manufacturers Association joined in the

request (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 did not have the resources to work on both and continued to work on the universal wastes.

• Courts delayed again the US EPA regulations

but the Ohio specific universal waste rules were implemented and effective December 2017.

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, Inc.

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 to less restrictive categories

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, Inc.

Navistar’s Wastes

• Paint purge solvent accounted for >95 percent of

hazardous waste generated - recycled off-site

• Most remaining hazardous wastes were other

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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, Inc.

Pollution Prevention

• Many opportunities implemented in the past

– Reductions in quantity of purge required during color changes on the paint line, in loading the paint, left

• ver in the color pots

– Change in the purge solvent eliminated the F codes so that it was only a D001 hazardous waste

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, Inc.

Reduce quantity disposed

• Investigated opportunities to increase recycling

– A chlorine-containing VOC-exempt solvent in the purged chassis paint prevented additional recycling with 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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, Inc.

The Road to Small Quantity Generator Status

• Survey of wastes and opportunities as described

in prior slides

• Campus-wide search for expired or unneeded

chemicals to dispose BEFORE becoming SQG

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

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, Inc.

Ohio Universal Waste Rules 12/2017

• Immediately began reclassification of wastes

from hazardous to universal wastes

77

, Inc.

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

• Already Managed rags and alcohol wipes as

excluded solvent contaminated wipes

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, Inc.

Change Waste Generator Status Form 8700-12 sent to Ohio EPA

• Change from Hazardous Waste Large Quantity

Generator to Small Quantity Generator.

– Actual generation has been at a rate that would qualify for CESQG but have registered as a SQG

• Change from Universal Waste Small Quantity

Handler to Large Quantity Handler

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, Inc.

Reclassification Changes that reduce costs, time or liability

• LQG inspections
• Hazardous waste contingency plan
• Annual training for hazardous waste employees
• Biennial report
• Hazardous waste minimization plan
• Volatile hazardous waste piping inspections
• Documented weekly inspections in large

accumulation areas that only store universal waste

• More time for handling on-site remaining

hazardous wastes and universal wastes

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, Inc.

Reclassification Changes that reduce costs, time or liability

• Open box of universal

waste lamps stored in a closed cabinet instead of having every box closed

• Reduced number of

labelling & handling requirements for

• perators in departments

generating the wastes

d81

, Inc.

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

• Reduced number of rental solvent tanks
• Less expensive disposal of solvent

contaminated wipes (compared to hazardous)

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, Inc.

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

• Navistar RCRA LQG Site Inspection
• 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

• Most of these would either have less restrictive requirements or no

requirements for handling universal wastes and or for a SQG of hazardous wastes

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, Inc.

Required versus options

• Navistar continues using best practices 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

• f 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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, Inc.

All of these would have been Hazardous Wastes

85

, Inc.

Some costs / requirements don’t go away

• Treatment & disposal costs don’t change
• Reclassified Ohio universal wastes disposed out of state - still

requires a Hazardous Waste Manifest in order to ship it to the

• ther state where it is regulated as hazardous waste.

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, Inc.

Speed Dating in RCRA – which is best? More days are not always more

Category Accumulation Start Date or Full Date Days to ship offsite Excluded Solvent Contaminated Wipes Start Date 180 SQG Hazardous Waste Satellite Drum Full Date 180 LQG Hazardous Waste Satellite Drum Full Date 90 Universal Wastes Start Date 365 Universal Waste Aerosol Cans in Ohio Full Date 365

87

Slowly accumulate solvent wipes better to classify them as hazardous waste to use Full date Mix and Match – Aerosol cans universal until drum is full. Then puncture cans and solvents are marked hazardous waste NOT universal paint waste (due to time limits and non-paint aerosol cans)

, Inc.

Definition of Solid Waste …in progress

• The definition of solid waste rules still provide great opportunities

and provide more uniformity between states.

• Michigan has already enacted. The Universal Waste Paint

Relate Waste Purge Solvent is shipped to Michigan where it is classified as a Paint Related Materials on a Hazardous Waste Manifest noting that it is an Ohio Specific Universal Waste!

• Once Ohio adopts the same rules, Navistar will change from

Universal Waste LQH to SQH.

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, Inc.

How to Change Your RCRA Status

89

, Inc.

Don’t like the rules? Change them!

• When President Trump was elected he asked

industry what rules were unnecessary or should be changed

• We ask ourselves that question often…and act on it

from the plant level, not corporate.

– Direct comments when Ohio has rulemaking (Ohio must review and update rules every five years) – Comments during permit development before and during Public Comment – Direct letters to EPA Administrators – Working groups at EPA – Working groups at trade associations

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, Inc.

Questions?

• Contact Information:

– Tim McDaniel tim.mcdaniel@Navistar.com

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