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

VSQG (CESQG) Consolidation Option ˃ Allows company to consolidate VSQG wastes at their own 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 of 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 of 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, out 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 operates 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 State F e de r al T ype • L QG re ne w e ve ry ye a r Ma rc h 1 o f e ve n • pa y re g istra tio n fe e numb e re d ye a r a s pa rt o f b ie nnia l re po rt • • SQG re ne w e ve ry ye a r 2021 = first re ne wa l • • pa y re g istra tio n fe e 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 # : Must ha ve va lid E PA I D # • re g iste r to utilize e piso dic e ve nt • pa y fe e • re ne w a nnua lly to ma inta in

One time g e ne ra tio n vs e piso dic Ge ne r ator One T ime E pisodic T ype L QG NA NA • • Me e t sta nda rds fo r L QG (if Allo we d to ma inta in e xisting SQG wa ste g e ne ra te d c ha ng e s g e ne ra to r c a te g o ry in e ve nt o f c a te g o ry) until fa c ility mo difie s pla nne d / unpla nne d e piso dic re g istra tio n g e ne ra tio n • • Must re po rt a nd pa y fo r wa ste E piso dic Wa ste doe s not c o unt g e ne ra te d fo r e ntire ye a r to wa rds mo nthly g e ne ra to r sta tus de te rmina tio n • • Me e t sta nda rds fo r SQG o r Allo we d to ma inta in e xisting VSQG L QG (if wa ste g e ne ra te d g e ne ra to r c a te g o ry in e ve nt o f c ha ng e s c a te g o ry) until fa c ility pla nne d / unpla nne d e piso dic mo difie s re g istra tio n g e ne ra tio n • • Must re po rt a nd pa y fo r wa ste E piso dic Wa ste doe s not c o unt g e ne ra te d fo r e ntire ye a r 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 o 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 o 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 State F e de r al T ype L QG sub mit re po rt a nd a sse ssme nt sub mit re po rt b ie nnia lly, a nnua lly, inc lude a ll wa ste inc lude a ll wa ste g e ne ra te d g e ne ra te d in ye a r, no t just fo r in ye a r, no t just fo r time a s time a s L QG L QG SQG sub mit re po rt a nd a sse ssme nt NA 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 VSQG I f g e ne ra to r c a te g o ry NA 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

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 o 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

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

KY DWM – Hazardous Waste Generator Requirements Summary Regulatory 40 CFR 401 KAR/KRS LQG SQG VSQG Provision Generates any of the Generates the following Generates less than or following amounts in a amounts in a calendar equal to the following calendar month: month: amounts in a calendar (1) Greater than or (1) Greater than 100 kg month: equal to 1,000 kg (2200 (220 lbs) but less than (1) 100 kg (220 lbs) of KAR 39:080 Sec 1(1) lbs) of non-acute 1,000 kg (2200 lbs) of non-acute hazardous * Not defined in KRS Hazardous waste hazardous waste; or non-acute hazardous waste; and §260.10 & §262.13 224.1-010(12) defer to generation rate (2) Greater than 1 kg waste; and (2) 1 kg (2.2 lbs) of federal definitions (2.2 lbs) of acute (2) Less than or equal acute hazardous waste hazardous waste to 1 kg (2.2 lbs) of acute (3) 100 kg (220 lbs) of (3) Greater than 100 kg hazardous waste acute cleanup residue (220 lbs) of acute (3) Less than or equal cleanup residue to 100 kg (220 lbs) of acute cleanup residue Notify EPA/State of Required with Annual Required with Annual Not required except for hazardous waste activity §262.18(a) KAR 39:080 Sec 1(2) Report Addendum Report Addendum Episodic Generation or and obtain EPA ID # DWM 7072A DWM 7072A transport Tanks: Subpart J, Any (as long as no Allowable accumulation §265 Subparts J, I, W & Containers: Subpart I, Tanks: Subpart J, KAR 39:090 Sec 2(1) placement on the land units DD Drip Pads: subpart W, Containers: Subpart I occurs) Buildings: subpart DD 180 days (270 days if None up to 1,000 kg Allowable accumulation §262.14-17 KAR 39:080 Sec 1(1) 90 days the waste is (2,200 lbs) then 180 period transported 200+ miles) days Required on each tank Required on each tank Hazardous waste label §262.17(a)(5) KAR 39:080 Sec 1(1) No requirement and container and container

KY DWM – Hazardous Waste Generator Requirements Summary Date labeled on each container, recorded in Date labeled on each Accumulation start date §262.17(a)(5)(C) KAR 39:080 Sec 1(1) facility log for tanks, container, recorded in No requirement marking drip pads, and facility log for tanks containment buildings Maximum onsite waste §262.14 & §262.16 KAR 39:080 Sec 1(1) No quantity limit 6,000kg (13,200 lbs) 1,000kg (2,200 lbs) accumulation 1/6 th sum of adjacent At least 15 meters (50 §265.176 & Container location ft) from the property tank diameters not less §262.16(b)(3)(vii)(B) & KAR 39:090 Sec 2(1) None standards line for ignitable or than 3 ft for ignitable or §262.17(a)(1)(vi) reactive reactive Treatment allowed in Permitted with cabinet Permitted with cabinet Permitted with cabinet §265.17(b) KAR 39:080 Sec 1(7) accumulation units approval approval approval Meet subparts AA-CC Required for tanks and organic air emission §265 subparts AA & CC KAR 39:090 Sec 2(1) No requirement No requirement containers standards Required signed and Required signed and Use a manifest to ship §265 subpart E KAR 39:090 Sec 2(1) dated by owner, dated by owner, No requirement waste offsite operator or agent operator or agent Permitted or interim hazardous waste facilities Permitted or interim Permitted or interim hazardous waste hazardous waste Allowable classes of Hazardous waste §262.14(a)(5) & KAR 39:080 Sec 1(9)- facilities facilities facilities to receive recycling facilities §262.18(a)-(c) (10) offsite shipment Hazardous waste Hazardous waste State-permitted, recycling facilities recycling facilities licensed, or registered municipal/industrial waste facilities

KY DWM – Hazardous Waste Generator Requirements Summary Use transporters and offsite facilities with EPA §262.18(c) KAR 39:080 Sec 1(9) Required Required No requirement ID #’s Prepare LDR §262.16(7) & KAR 39:080 Sec 1(1) Required Required No requirement notifications/certification §262.17(9) KAR 39:090 Sec 1 & KRS Personnel training §264.16 Required Required No requirement 224.50-130(3)(c) Preparedness and §265 subpart C KAR 39:090 Sec 2(1) Required Required No requirement prevention Contingency plan and §265 subpart D & KAR 39:090 Sec 2(1) & Required Required No requirement emergency procedures §262.16(8)-(9) KAR 39:080 Sec 1(1) No requirement but KAR 39:080 Sec 1(1) & Required to keep Required to keep Prepare/file records §262.40-44 should keep hazardous KRS 224.46-510 records for 3 years records for 3 years 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 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 Submitted Location in Technically Comments (Federal or (Y/N/NA) * Application Adequate State) (Y/N) * 1 Notification 40 CFR 262.17(a)(8) 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: 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 If the waste accumulation unit is days after closure identifying the location of the unit within the facility. subsequently reopened, the generator may remove the notice from the operating OR record. 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. October 2018 Page 1 of 4

Hazardous Waste Large Quantity Generator – Clean Closure Checklist Clean Closure Requirement Regulation Submitted Location in Technically Comments (Federal or (Y/N/NA) * Application Adequate State) (Y/N) * 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 40 CFR Accumulation Units 262.17(a)(8)(iii) (1) – (4) The generator shall demonstrate the following: 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, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere. ii. Removed or decontaminated all contaminated equipment, If the generator finds that any structures and soil and any remaining hazardous waste residues contaminated soils and wastes cannot be from waste accumulation units including containment system practicably removed or decontaminated, October 2018 Page 2 of 4

Hazardous Waste Large Quantity Generator – Clean Closure Checklist Clean Closure Requirement Regulation Submitted Location in Technically Comments (Federal or (Y/N/NA) * Application Adequate State) (Y/N) * components (pads, liners, etc.), contaminated soils and subsoils, then the waste accumulation unit is bases, and structures and equipment contaminated with waste, considered to be a landfill, and the unless 40 CFR Part 261.3(d) applies. 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 40 CFR 262.17(a)(8)(iv) The generator shall demonstrate the following: i. Minimized the need for further maintenance by controlling, 40 CFR minimizing, or eliminating the post-closure escape of hazardous 262.17(a)(8)(iii) waste, hazardous constituents, leachate, contaminated run-off, (A)(1) or hazardous waste decomposition products to the ground or surface waters or to the atmosphere. ii. Removed or decontaminated all waste residues, contaminated 40 CFR If the generator finds that not all containment system components (pad, liners, etc.), 265.445(a) and contaminated subsoils can be practically contaminated subsoils, and structures and equipment (b) removed or decontaminated, the drip pad contaminated with waste and leakage, and manage them as is considered to be a landfill, and the hazardous waste. 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). October 2018 Page 3 of 4

Hazardous Waste Large Quantity Generator – Clean Closure Checklist Clean Closure Requirement Regulation Submitted Location in Technically Comments (Federal or (Y/N/NA) * Application Adequate State) (Y/N) * iii. Any hazardous waste generated in the process of closing either 40 CFR the generator's facility or unit(s) accumulating hazardous waste 262.17(a)(8)(iii) must be managed in accordance with all applicable standards of (A)(3) 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. October 2018 Page 4 of 4

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 , Inc. 67

68 Waste Classifications at Springfield Hazardous Wastes Original Universal Wastes • Solvent based paints • Lamps • Solvents • Rechargeable batteries • Paint debris with a low flashpoint • Aerosol cans • Solvent soaked wipes • Discarded chemicals , Inc.

69 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 , Inc.

70 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 or turning back some of the changes , Inc.

71 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. , Inc.

72 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 , Inc.

73 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 , Inc.

74 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 over in the color pots – Change in the purge solvent eliminated the F codes so that it was only a D001 hazardous waste , Inc.

75 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. , Inc.

76 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 , Inc.

77 Ohio Universal Waste Rules 12/2017 • Immediately began reclassification of wastes from hazardous to universal wastes , Inc.

78 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 , Inc.

79 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 , Inc.

d80 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 , Inc.

d81 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 operators in departments generating the wastes , Inc.

82 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) , Inc.

83 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 , Inc.

84 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 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 , Inc.

85 All of these would have been Hazardous Wastes , Inc.

86 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 other state where it is regulated as hazardous waste. , Inc.

87 Speed Dating in RCRA – which is best? More days are not always more Category Accumulation Start Days to ship offsite Date or Full Date 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 Slowly accumulate solvent Mix and Match – Aerosol cans wipes better to classify them universal until drum is full. Then as hazardous waste to use puncture cans and solvents are marked Full date hazardous waste NOT universal paint waste (due to time limits and non-paint aerosol cans) , Inc.

88 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. , Inc.