Workshop B Practical Tips & Trends in RCRA Hazardous Waste - - PDF document

Workshop B

Practical Tips & Trends in RCRA Hazardous Waste Management and Enforcement

Tuesday, March 24, 2020 9:45 a.m. to 11 a.m.

Biographical Information

Tim W. McDaniel, CIH, CSP, EHS Manager Navistar, Inc., 6125 Urbana Rd., Springfield, OH 45502 937-390-4024 Tim.mcdaniel@navistar.com

Tim started his career with the Regional Air Pollution Control Agency in Dayton, Ohio in 1985 as an inspector and permit writer. 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.

Christa Oerly Russell, Manager of Consulting Services Trinity Consultants, 8910 Purdue Road, Suite 670, Indianapolis, Indiana 46268 317-695-4644 crussell@trinityconsultants.com

Christa has more than 41 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.

What to Expect During a Resource Conservation and Recovery Act (RCRA) Compliance Audit

2020 S ustainability & Environmental Health and S afety S ymposium  March 24, 2020

Christa Oerly Russell Manager of Consulting S ervices 317-695-4644 crussell@ trinityconsultants.com

Topics to be Discussed

˃ Introduction to Hazardous Waste (HW)

Overview of Generator Categories

˃ Generator Improvements Rule ˃ Common RCRA Generator Violations to

Avoid

2

Overview of HW Generator Categories

Requirements by Category (1/2)

Generator Category ID all HW Streams Manifest Pre‐ Transport Preparedness & Prevention Land Disposal Restrictions VSQG



* SQG

    

LQG

    

* Alt hough not subj ect t o HW manifest requirement s of 40 CFR 262 S ubpart B, VS QGs must ensure t hat hazardous wast e is delivered t o a person or facilit y who is aut horized t o manage it .

Requirements by Category (2/2)

Generator Category Manage HW in Approved Tanks, Containers, etc. RCRA Section 3010 Notification Emergency Response Coordinator Available Contingency Plan Biennial HW Report VSQG SQG

*  

LQG

**   

* S QGs must manage HW in accordance wit h §262.16, which references t he int erim st andards in 40 CFR 265.17(b) for ignit able, react ive, and incompat ible wast es. ** LQGs must manage HW in accordance wit h §262.17, which references t he int erim st andards in 40 CFR 265 for process vent s, equipment leaks, t anks, surface impoundment s, cont ainers, et c.

Requirements by Category (1/2)

Generator Category ID all HW Streams Manifest Pre‐ Transport Preparedness& Prevention Land Disposal Restrictions VSQG



* SQG

    

LQG

    

* Alt hough not subj ect t o HW manifest requirement s of 40 CFR 262 S ubpart B, VS QGs must ensure t hat hazardous wast e is delivered t o a person or facilit y who is aut horized t o manage it .

Requirements by Category (2/2)

Generator Category Manage HW in Approved Tanks, Containers, etc. RCRA Section 3010 Notification Emergency Response Coordinator Available Contingency Plan Biennial HW Report VSQG SQG

*  

LQG

**   

* S QGs must manage HW in accordance wit h §262.16, which references t he int erim st andards in 40 CFR 265.17(b) for ignit able, react ive, and incompat ible wast es. ** LQGs must manage HW in accordance wit h §262.17, which references t he int erim st andards in 40 CFR 265 for process vent s, equipment leaks, t anks, surface impoundment s, cont ainers, et c.

Hazardous Waste Generator Improvements Rule

HazWaste Generator Improvements Rule

˃ Final Federal 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 (CES

QG, S QG, LQG), TS DFs, Transporters

 All industry sectors, facility types, locations

˃ The Rule has been adopted and is effective in IN and KY

Major Provisions of the Rule

˃ Reorganization ˃ Episodic Generation ˃ Consolidation of CES

QG (VS QG) Waste at LQGs

˃ Ignitable and Reactive Waste Waiver ˃ Waste Determination Expectations ˃ Emergency Preparedness and Prevention ˃ Labeling ˃ S

atellite 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

˃ “ VS

QG” (Very S mall Quantity Generator) replaces “ CES QG”

˃ “ Central Accumulation Area” defined

 S

torage vs. central accumulation

 Central vs. satellite accumulation

Waste Determinations

˃ Must accurately document hazardous waste

determinations (§262.11(f))

 Applies to S

QGs 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 US

EP A

 S

pecifically allows alternative tests as part of knowledge

Marking/Labeling Requirements

˃ Applies to all S

QGs, LQGs, Transporters

˃ Label must indicate

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

♦Choice of established methods: DOT

, OS HA, NFP A, …

 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

˃ S

atellite accumulation area regulations for S QG 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 S

AA allowed to remain open under very limited circumstances

 When necessary for safe operations – EXTREMEL

Y 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

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 j urisdiction”

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)

 S

ubmit 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 S

ubpart M

 S

QG Information at 40 CFR 262.16(b)(8)

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.

Other Major Provisions of the Rule

˃ Notifications and recordkeeping

 S

QGs required to re-notify every 4 years

♦First report: S

eptember 1, 2021 (Federal Rule) KY still requires annual

• notification. However, they have adopted the Federal form as well as a

KY addendum form.

 Biennial report rules updated

˃ LQG Training can use computer-based tools

 Keep in mind that packaged on-line training doesn’ t address the

site-specific training requirements

˃ Method for determining accumulation time in batch and

continuous flow tanks

˃ Methods for determining generator category

 Mixtures of solid and hazardous wastes  Mixtures of acute and non-acute hazardous wastes

˃ Numerous other changes and clarifications

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 S

ubpart L (262.230-233)

˃ Generator can remain at existing (VS

QG, S QG) 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.

˃ VS

QG (CES QG) must also comply with S QG waste management provisions and maintain records

 Obtain US

EP A ID Number

 Use hazardous waste manifest and transporter to ship to

RCRA TS DF 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.

˃ S

QG must comply with existing S QG regulations

 Label episodic waste containers

♦“ Episodic Hazardous Waste” ♦Identify hazards of contents

 Use hazardous waste manifest and transporter to ship to

RCRA TS DF 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 VS

QG 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 VS

QG

 LQG does not need to be a permitted TS

DF

 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 S

QGs

VSQG Consolidation Option

˃ VS

QG Responsibilities:

 Mark and label containers as “ Hazardous Waste”  Indicate hazards of the contents  S

hip/ 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 S

ite ID Form) of participation in the program (including info for all VS QGs participating)

♦US

EP A Form 8700-12 recently revised

 Recordkeeping for each shipment

♦Maintain for 3 years

 Manage consolidated waste as LQG hazardous waste

♦S

tart date of accumulation = date received from VS QG

 Include in Biennial (Annual) Report

♦Will include new source code

“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 US

EP A policy:

 Violation of an independent requirement

is subj ect 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 S

QG, 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, subj ect 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, subj ect to full TS DF regulation

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

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

Other Requirements

31

Waste Determinations & Exclusions

˃ Did you properly characterize your waste? ˃ Did you properly document your waste determination ? ˃ Does your waste fall under one of the Exclusions? ˃ Exclusions are found in 40 CFR 262.4

 Hazardous S

econdary Materials (40 CFR 261.4 (a)(23),(24),(25)

 S

• lvent Contaminated Wipes (40 CFR 261.4(26)

32

Terminology

Solid Waste

Hazardous Waste

To be a hazardous waste, must first be a solid waste Escape clauses: exemption, exclusions, variances, delistings, … Hazardous secondary material  material that, if a solid waste, would be a hazardous waste

33

Speculative Accumulation Recordkeeping

 Generator of HS

M must NOT speculatively accumulate

 HS

M that is “ speculatively accumulated” becomes subj ect to full RCRA hazardous waste regulation

 Requirement to label (or log) first date of accumulation of

any HS M

 Recordkeeping requirement to document that at least 75%

• f

material is recycled within the calendar year

♦January 1 – December 31

34

“Contained” Standard

˃ Hazardous S

econdary Material (HS M) must be stored in a unit that

 Is in good condition  Is properly labeled  Is compatible with materials contained

˃ Units that meet the RCRA tank and container standards

are presumed to meet the contained standard

˃ Other units must document that they meet the standard

35

Common RCRA Generator Violations

Common RCRA Generator Violations

37

Some of the Common RCRA Generator Violations

1.

Listing incorrect or incomplete information on container HW labels . (e.g. Accumulation start date, all applicable hazard waste codes, “ Hazard” labels, failing to remove prior labels)

2.

Failing to keep containers closed, except when waste is added or removed. Failing to utilize proper containers.

3.

Failing to have appropriate US DOT placards available for transporters.

4.

Failing to make arrangements with local authorities.

38

Some of the Common RCRA Generator Violations (cont.)

5.

Failing to update emergency coordinator list, satellite accumulation and central accumulation area locations on the site plan. Failing to update emergency equipment list in the contingency plan. Failing to update Contingency Plan as required by the GIR

6.

Failing to perform an annual review of training and/ or train new employees.

7.

Failing to maintain a list of j ob positions involved in hazardous waste management, and name(s) of employee(s) filling each j ob position.

39

Some of the Common RCRA Generator Violations (cont.)

9.

Failing to perform and document hazardous waste determination [40 CFR 262.11]. Commonly overlooked wastes include partially empty aerosol cans, fluorescent lamps, antifreeze, sandblasting residue, spent filters from paint booth, solvent contaminated wipes.

• 10. Failing to label used oil containers with the words “ Used

Oil” . [40 CFR 279.22(c)]

• 11. Failing to properly label and store Universal Wastes [40 CFR

273]

40

Some of the Common RCRA Generator Violations (cont.)

˃ Failing to track monthly HW generation rates (not

shipments) resulting in failure to comply with the correct generator category requirements.

˃ Failing to comply with all of the “ conditions” of the

“ Conditional Exemption”

 S

• lvent Contaminated Wipes

 Episodic Hazardous Waste  Waste Consolidation

41

Which Container is Closed?

Trick question: Neither! Lid not fastened = container not closed.

42

Closed Container? (Yes or No)

NO! The ring



is not tight!

43

Closed Container? (Yes or NO)

No!



44

Used Oil

˃ Missing labels, housekeeping, and soil contamination

45

Used Oil cont.

46

Is this what your waste lamps storage looks like?

47

Empty drums – but why keep them?

48

Improper labeling of used oil; improper storage; insufficient aisle space; …

49

Improper labeling

50

Secondary containment?

51

Improper storage of incompatible materials

52

Waste Determinations

˃ Must document all waste determinations

 Hazardous Waste AND Non-Hazardous Waste  Applies to S

QGs and LQGs

 Applies to §261.2 solid wastes with potential to be a listed or

characteristically hazardous waste

 Does not apply to exempted wastes (although separate

recordkeeping may be required)

˃ Using knowledge to determine waste characteristics

 Moved from 262.11(c)(2) to 262.11(d)(2)  Lists types of knowledge previously accepted by EP

A

 S

pecifically allows alternative tests as part of knowledge

53

Labeling Requirements

˃ Label must indicate

 The words “ Hazardous Waste”  Identification of contents NEW  Identification of hazards NEW  All waste codes (prior to shipment) NEW  Accumulation start date

˃ Must use “ plain English” words to identify contents ˃ Can use any of several established methods to indicate

hazards

 DOT

, OS HA, NFP A, GHS , …

˃ For vessels that can’ t be labeled (some tanks, drip pads,

containment buildings, … )

 Info can be in records or logs kept near to location of the vessel

54

Satellite Accumulation Provisions

˃ S

pecific clarification that hazardous wastes in satellite accumulation cannot be mixed or placed in a container with

• ther incompatible hazardous wastes (An empty container

might be “ RCRA empty” and contain residues that are not compatible with the HW to be placed in it!)

˃ Containers are allowed to remain open under very limited

circumstances

 When necessary for safe operations

˃ Clarification that the three-day requirement to move

containers from satellite accumulation to container accumulation means three calendar days

55

Satellite Accumulation Provisions, cont.

˃ For acute hazardous wastes, must consider maximum

weight in addition to volume

˃ When max weight OR volume is exceeded, must move

waste to central accumulation area or TS DF

˃ Reactive waste satellite accumulation away from the

point of generation – no longer allowed

56

Ignitable and Reactive Wastes

˃ 50-Foot Waiver

 Currently 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 ♦EP

A delegates responsibility for waiver to local fire department

♦Work with local fire department to

determine appropriate place to accumulate this material

57

More changes and clarifications

˃ Closure requirements imposed on LQGs that cannot

clean close

 Must close as landfill  Must notify EP

A or authorized state no later than 30 days prior to closing an accumulation area, and within 90 days after closure of a unit or facility

˃ Clarification of generator categories for mixtures of

acute/ non-acute and of hazardous/ non-hazardous wastes

58

Notification / Recordkeeping

˃ Biennial Report rules updated to be consistent with

current guidance

 LQGs must report all hazardous waste generated in a

calendar year, even when it is managed the next year

 LQGs must report for all months in the year, even if S

QG for some of those months

 LQGs must report hazardous waste recycled on-site  Recycling facilities must report wastes that are not stored

prior to recycling

˃ S

QGs required to re-notify every 2 years

 Electronic option available

59

Recent RCRA Trends

˃ More inspections at “ under the radar” facilities

 Non-reporters / non-filers  TRI

˃ HW Organic Emissions

 Generator tanks and containers (S

ubparts BB & CC)

˃ Waste Determinations

60

Questions?

Christa Oerly Russell

Manager of Consulting S ervices Trinity Consultants 317/ 695-4644 crussell@ trinityconsultants.com

61