Workshop H Best Practices in Waste Management Implementation of - - PDF document

Workshop H

Best Practices in Waste Management … Implementation of New Federal & State Rules and Management of 3rd Party Waste Handlers & Receptors

Tuesday, March 24, 2020 11:15 a.m. to 12:30 p.m.

Biographical Information

Terri Sexton, CHMM, Manager Environmental and Energy Affairs Navistar, Inc., 6125 Urbana Rd., Springfield, OH 45502 937-390-4011 terri.sexton@navistar.com Terri is a corporate Manager of Environmental and Energy Affairs for Navistar, Inc. She manages various environmental and energy projects and programs across the corporation, most recently focused on significant energy conservation, GHG and waste reductions, leading to cost savings and greater sustainability. Terri has a master’s degree in environmental management systems from Southern Methodist University and a bachelor’s degree in biology and environmental sciences from Wright State University. She holds professional certifications as a Certified Hazardous Materials Manger (CHMM), and an OEPA and IDEM Class I Wastewater licenses. She has worked in the EHS field for over 25 years including employment at corporate, manufacturing/industrial facilities, wastewater treatment operations, and EPA (RAPCA). Mark T. Vagasky, Principal The Redstone Group, a Trinity Consultants Company Westerville, Ohio 614-296-5754 mvagasky@redstonegrp.com Mark Vagasky was employed by Fortune 500 firms, including Eastman Kodak, British Petroleum, Union Oil and Ashland Inc. prior to founding The Redstone Group in 2004. He has over forty years management experience in the areas of Engineering, Manufacturing, Plant, Multi-Site Operations and Corporate Regulatory with technologies including chemical processes, pulp & paper, plastics and glass. His regulatory experience includes areas of Environmental, Health, Safety, Security, Transportation, Product Safety, and related product areas such as DEA, FDA, FIFRA, Hazardous Communication as well as Import / Export. He has extensive experience in the EU REACH initiative. Prior to founding Redstone Mr. Vagasky was President of a property investment company. In 2019, Trinity Consultants acquired The Redstone Group. Mark holds a Bachelor of Science degree in Mechanical Engineering from Michigan State University and an MBA from Rochester Institute of Technology.

Evaluating Risk of Your Waste Receptors

March 24,2020

1

Mark Vagasky

Today’s Discussion

Evaluating Risk of Your Waste Receptors

RCRA Background Cradle to Grave Types of Waste Types of Disposal Sites Areas of Review Compliance Risks Common Issues Best Practices Impacts to the Generator

Resource Conservation and Recovery Act (RCRA)

˃ 40 CFR Parts 239 through 282

 Non-hazardous waste  Hazardous waste including universal waste  Used Oil  Other

˃ RCRA gives EPA the authority to regulate

hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage and disposal of hazardous waste.

3

RCRA

Generator requirements

˃

262.10: …shall not transport, offer its hazardous waste for transport,

• r otherwise cause its hazardous waste to be sent to a facility that is

not a designated facility

˃

262.11: …accurate determination as to whether that waste is a hazardous waste

˃

262.20: …prepare a Manifest

˃

262.30: …must package the waste in accordance with the applicable Department of Transportation regulations

˃

262.33: …placard or offer the initial transporter the appropriate placards according to Department of Transportation regulations

˃

262.35: …placement of bulk or non-containerized liquid hazardous

waste or hazardous waste containing free liquids (whether or not

sorbents have been added) in any landfill is prohibited

4

Reasons for Vendor Auditing Introduction

‘Cradle to Grave’ Responsibility Liability Strict Joint and Several Liability under CERCLA

5

CERCLA

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended by the Superfund Amendments and Reauthorization Act of 1986 (Superfund)

˃ 42 U.S.C § 9601; 40 CFR Subchapter J- Superfund,

Emergency Planning and community Right to know programs

˃

The objective of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA) is to reduce or eliminate threats to human health and the environment posed by uncontrolled contaminated sites.

6

CERCLA

CERCLA provides the U.S. Environmental Protection Agency with three basic options for cleaning up a hazardous waste site:

˃

EPA can perform a response action at the site using Superfund

money and recover response costs from potentially responsible parties (PRPs)

˃

EPA can order, or ask a court to order, PRPs to clean up the

site.

˃

EPA can enter into settlement agreements with PRPs that require them to clean up sites or reimburse the United States for doing so under CERCLA § 107.

7

CERCLA

Categories of Potentially Responsible Parties

˃ CERCLA imposes liability on four classes of

person:

 current owners and operators of a facility;  former owners and operators of a facility at

the time of disposal;

 persons who arranged for treatment or

disposal of hazardous substances; and

 transporters of hazardous substances who

selected the disposal site.

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CERCLA

Arrangers

˃ CERCLA imposes liability on a person who arranged for

disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances at any facility owned or operated by another party and containing such hazardous substances.

˃ The term “generator” is often used interchangeably with

“arranger.”

9

CERCLA

Strict Liability

˃ Strict liability means that PRPs are liable even if:

 the problems caused by the hazardous substance

release were unforeseeable;

 the PRPs actions were legal at the time they occurred;

and

 state-of-the-art waste management practices were

used at the time the materials were disposed of.

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CERCLA

Joint and Several Liability

˃ CERCLA liability is usually joint and several.

 any one PRP can be held liable for the entire

cost of site cleanup, regardless of the share of the waste contributed by that PRP .

 The PRP who pays the costs can then seek to

recover costs from the non-paying PRPs.

 EPA attempts to identify and notify the universe

• f PRPs at a site and negotiate with the largest

manageable number of parties

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Conclusion

˃ It is important to monitor the performance

• f your waste receptors.

˃ Do you understand the risk of sending

materials to your waste receptor?

˃ Manage the level of risk associated with

the company using a waste receptor

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Types of Waste

˃ Hazardous

 Listed (F

, K, P and U)

 Characteristic (D)

 Acute  Non-Acute  Residuals from clean-up

 Universal Waste (including E-waste)

˃ Non-Hazardous ˃ Used Oil ˃ Waste waters ˃ Containers, including drums, bulk and transport

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Type of Treatment / Disposal Site

˃

Landfill: Hazardous / Non-Hazardous

˃

Surface impoundments

˃

Injection wells

˃

Incinerators

˃

Beneficial reuse

˃

Waste water treatment

˃

Land Treatment facilities

˃

Salt Dome or salt bed formations

˃

Underground mines or caves

˃

Concrete vaults

˃

Disposal bunkers

˃

Container re-conditioners / washes

˃

Universal waste processing

˃

Solvent recyclers

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Areas of Review

˃ General Information ˃ Summary of Permits ˃ Operations Review ˃ Residuals Management (including

containers)

˃ Regulatory Compliance Status ˃ Site Inspection ˃ Supporting Data

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General Information

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Subject Example Areas of Concern Company Profile Lack of waste industry experience; history of incidents at other locations (fire/explosion) Site Profile Scope of operation: lack of concentration Facility Staffing Lack of experience, industry knowledge, regulatory knowledge; Poor operator skills; excessive turnover; too much dependence

• n Corporate staff; little support from Corporate staff; Adequate

staffing levels Site History Past use of site; Past contamination; Past violations/consent

• rders; abandoned/closed areas i.e. pre-RCRA landfill cells.

Facility Setting / Surrounding Land Use Placement near sensitive elements; urban v rural; environmental justice; neighbors w/areas of concern i.e. Superfund site Security Lack of fencing, gates, entry control; no plan; no guards Emergency Response No solid plan; past experiences w/issues i.e. explosions; lack of response to issues e.g. fatality

Summary of Permits

17

Subject Example Areas of Concern Permits /Registrations Poor permit execution; Cannot provide permit information; cannot define the permit requirements; permit not current; permits do not address all current activities and/or equipment; construction of site; process or storage volume limitations Authorized / Prohibited Wastes Cannot provide a detailed description. Ill defined; not consistent with permit

Operations Review

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Subject Example Areas of Concern Hazardous Waste TSD Maintenance procedures; inventory turns; limitations such as through-put; mixture of waste codes; cannot define the operation; location of key equipment i.e. control room; condition of equipment; operations within non-rated areas Recycling / Non Hazardous Waste Same as above; lack of process controls: ‘it’s non-hazardous’ Container Management No control of ‘non-empty’ containers; triple rinse haz; no confined space program; lack of proper clean/disposal program; Bulk Storage Poor containment; no mechanical integrity; condition of tanks; evidence

• f overfills; not consistent with permit

Transportation Poor knowledge of DOT; condition of transp. equipment Laboratory Operations No/limited laboratory / equipment; equipment maintenance /calibration; lack of training/experience; limited hours Receipt Control/Waste tracking Not following Waste Analysis Plan (WAP); limited profiling/rely on Generator Knowledge; Limited profile renewal; limited inspections; poor documentation /tracking/inventory control

Residual Management

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Subject Example Areas of Concern Residuals Generated /Offsite Receiver Cannot define residual; questionable disposal locations; internal waste generation procedures / accumulation / storage / labeling / manifesting: poor waste characterization Storm Water Management Not permitted; Lack of No Exposure Certification; Operation/storage after No Exposure Declaration; Discharge w/o sampling; poor DMR documentation

Regulatory Compliance

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Subject Example Areas of Concern SPCC/RCRA Contingency Plans Incomplete; out of date; not certified by PE Agency Reporting Cannot define requirements; cannot provide copies of filings Health & Safety Compliance Lack of training; lack of plan; fatalities / serious injuries; frequency of

• incidence. Lack of corrective action; Does not understand how to

monitor for exposures Agency Contact Discusses past / current issues; suggests a degradation of performance; requires frequent visits; provides new information Regulatory Inspection History Multiple / Repeat violations; Consent orders past and present; site withholds information; no or limited corrective action

Regulatory Compliance

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Subject Example Areas of Concern Regulatory Violations / Corrective Actions / Facility Investigations Site contamination; Past & Current action plans; Long standing action plans without improvement; lack of understanding /support by current Management Litigation Impacting business operations; suit by agencies; process patent infringement; Public Perception Negative; Local environmental groups involvement, frequent complaints Reportable Quantity Releases Multiple; Level of Severity; Did not report, no or limited corrective action Review of Federal / Sate Databases Identifies issues not disclosed by Management; Identifies issues such as Superfund site; repeat issues

Financial Review

22

Subject Example Areas of Concern Income Statements / Balance Sheets/ other financial statements / Analysis Reduction in revenue and/or income over multiple years; financial ratios inferior to the waste industry; limited or falling net worth; Financial information not provided Site Closure Requirements Management cannot explain; cannot provide details & financial instruments Insurance Limited coverage

Site Inspection

23

Subject Example Areas of Concern Review of physical site Poor housekeeping; condition / age of buildings/grounds/laboratory/equipment; facility at capacity; containment; quality of controls and instrumentation; handling flammables in non-rated areas; evidence of spillage, fires etc.; possible issues with surrounding neighbors; proximity to highways / neighbors; lack of emergency equipment; location of control rooms; density of staffing; indoor v outdoor operations; access to site; lack of safety protection/execution; poor lighting; poor process flow; lack of buffer;

Supporting Data

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Subject Example Areas of Concern Information includes: site maps; site layout, insurance certificate, financial statements, copies, of permits, photographs, logs, correspondence including inspections or violations; agency databases;

• Does not support input from Management or site
• bservations.
• Identifies undisclosed information such as past operations,

current disputes, current or past violations

Common Issues

˃ Lack of environmental / regulatory

knowledge

˃ Execution of Waste Analysis Plant (WAP):

control of inbound materials

˃ Poor knowledge of permit requirements ˃ Housekeeping ˃ Condition of equipment/buildings ˃ Continued / repeat violations ˃ Marginal financial performance

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Best Practices

˃ Thorough Waste Analysis Plan (WAP)



Including profile analysis and inspection

˃ Waste handling process definition with Management of

Change

˃ ERP systems with material tracking from receipt to

final destruction

˃ Permit compliance program including requirements

with actions / calendar

˃ Capital program providing for improvements and

expansion

˃ Preventive Maintenance program ˃ Employee training program

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Impacts to the Generator

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ISSUE IMPACTS

Non-haz site rec’d hazardous waste holding it > 1 year Both parties fined by EPA Non-haz landfill rec’d and buried hazardous waste Parties shared the cost of excavation Urban waste site was shutdown and filed for bankruptcy

• None. Our client had stopped using the site based
• n deteriorating audit findings years prior

Generator sent non-haz waste to a disposal site. It was later found to be dumped in a nearby property. The generator has been contacted by the

• authorities. The matter is under investigation.

Operator of 10 acre site accepted >800,000 gallons of haz waste. The site was subsequently placed on National Priorities List. The cost ($55MM) to provide residential water; cleanup contaminated water; excavate and clean contaminated soils was shared by multiple PRPs (Arrangers, Transporters, Owners) Waste cleanup drives bankruptcy/ CERCLA involvement / PRP: many examples on internet

Impacts to the Generator

ISSUE IMPACTS Empty drums sent to drum reconditioner who stockpiled in nearby lot EPA CID investigated, accusing generator of improperly disposing of waste Used oil recycler with significant oil in earthen dikes Contaminated soils and seeps to creek PCB contaminated oils “unknowingly” sent to oil

• recycler. Contaminated 1,000,000 gallons.

Recycler failed to test. Generator to pay for disposal.

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Conclusions

˃ Legal ≠ Approved for use ˃ Risks of using the receptor facility

 Are they acceptable?  When should the site be reviewed again?

˃ Corrective actions required

 Are they required for site approval?

˃ Level of Risk to Generator by using site?

 Not necessarily a detailed compliance audit, but

looking for issues that might get Generator in

• trouble. Compliance, Expenses, Reputation.

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Thank You

Mark Vagasky Trinity Consultants

mvagasky@redstonegrp.com (614) 296 5754

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Best Practices in Waste Management & Implementation of New Federal and State Rules

Terri Sexton – Environmental & Energy Corporate Manger, Navistar, Inc.

March 24, 2020

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Topics

• Best Practices in Waste Management

– ”Common waste management issues and impacts to the generator” at Your Site & Your Suppliers!

• Hazard Waste Generator Improvement Rules
• E-Manifest
• Disposal of Coal Combustion Residuals from Electric Utilities
• Imports and Exports of Hazardous Waste
• Confidentiality Determinations Export and Import Documents
• Safe Management of Recalled Airbags
• Management Standards for Hazardous Waste Pharmaceuticals
• Status in Indiana, Kentucky, Ohio

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Top 10 Hazardous Waste Best Practices (Google – environmental peers)

• 1. Manage your Hazardous Waste
• 2. Perform Hazardous Waste Determinations
• 3. Proper Disposal of Hazardous Waste

4&5. Proper Labeling and Waste Manifests

• 6. Develop a Hazardous Waste Contingency Plan
• 7. Ensure Proper Hazardous Waste Training
• 8. Ensure That Containers Are Closed
• 9. Preform routine inspections of Waste storage areas
• 10. Manage special wastes properly; PCBs, Hg, Oils
• Universal Wastes (Lamps, batteries, state-only…)

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Environmental Audit / Inspection Types

• Internal audits

– Non‐regulatory checks on operations – Regulatory checks: BMPs, Tier II, Equipment/Control PM – Compliance, ISO Standards, Safety, Energy, Other

• External audits

– Corporate office, Cross‐Plant, Consultants, Certification, Awards

• 3rd party

– ISO 14001, DOE, Fire or local building, customers

• EPA:

– City, local, State, USEPA – Air, Water, Waste, Multi‐media, Environmental Justice, regulatory, industry

• r pollutant specific (NSR, Cement or Coal, Lead)
• Priority ‐ Regulatory Agency Environmental Compliance
• ?Supplier, waste outlets, environmental compliance?

– “cradle‐to‐grave”

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• 1. Managing Hazardous Waste - Onsite
• ONSITE - Preform routine inspections of waste generating and

storage areas

• Satellite and Accumulation areas, stragglers or unknowns
• Container Management – Inside and out (compatibility, dents, bungs,

rings, drips, spills)

• Closed containers “at all times not actively dispensing wastes”
• Strict compliance - Proper Labeling and Hazard identifications, Legible?
• Spill prevention, response and clean up preparedness?

– Hazardous Waste Contingency Plan

• Waste Manifests, LDRs, return manifests, E-Manifesting

– Proper EPA Codes, DOT shipping names, Emergency contact/spills ID with phone number, ERG #, signatures

• Training – documents and effectiveness or competency via

demonstration; do we pass an audit?

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• 1. Managing Hazardous Waste Offsite, aka
• 3. Proper Disposal of Hazardous Waste
• Proper Disposal of Hazardous Waste – How?
• Manage your Hazardous Waste Offsite (CERCLA)
• Perform Hazardous Waste Audits of your Offsite
• utlets and suppliers to ensure proper disposal
• Offsite - Preform routine inspections of waste

disposal outlets, transporters, handlers, arrangers

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• 1. Managing Hazardous Waste Offsite, aka
• 3. Proper Disposal of Hazardous Waste
• OFFSITE - Preform routine inspections of waste disposal outlets,

transporters, handlers, arrangers

• SAME LIST AS ONSITE AUDITS….
• Waste determinations and laboratory capabilities
• Satellite and Accumulation areas, stragglers or unknowns
• All storage areas, container types, timing, purpose and risk
• Container Management – Inside and out (compatibility, dents, bungs,

rings, drips, spills)

• Closed containers “at all times not actively dispensing wastes”
• Strict compliance - Proper Labeling and Hazard identifications, legible
• Spill prevention, response and clean up preparedness?

– Hazardous Waste Contingency Plan

• Waste Manifests, LDRs, return manifests, E-Manifesting
• Training – documents and effectiveness

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• OFFSITE - Preform routine inspections of waste disposal outlets,

transporters, handlers, and arrangers (CERCLA)

• Safety programs, employee retention
• See each process and areas of the property; cautious of the tour example.

– Can we go over here? Can we see that?

• Test their systems – random records or observe ongoing process activity.

– Are abatement devices used? Operating? Operating or PM records.

• Proper Disposal of Hazardous and other Wastes

– How are wastes handled at the site? Recycling? Storage times and areas?

• Housekeeping
• Examine neighborhood, odors, natural & public areas, sensitive populations
• Prior contamination, knowledge of site or ongoing monitoring, past cleanups
• Financial Assurance

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• 1. Managing Hazardous Waste Offsite,

aka 3. Proper Disposal of Hazardous Waste

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• CAUTIONS:
• All go on break or stop work when pass by equipment

– Wait until break over

• Example area or example process one; only one…
• NO NOVs, agency inspections, complaints, audits
• No spills or fines, ever
• Knowledge of permits and general applicable EPA rules by most all
• nsite staff - They are expert at 1 thing waste – yours is side job as

generators…

• Difficulty contacting or scheduling a site visit
• Housekeeping (organization, spills, compatibility, containment, site

contamination…)

• Staining – evidence of releases. Conduits for releases - drains
• No knowledgeable compliance staff to meet or discuss
• Price – too good to be true

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• 1. Managing Hazardous Waste Offsite,

aka 3. Proper Disposal of Hazardous Waste

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• CAUTIONS:
• …Price – too good to be true
• Who selects your waste and recycling outlets?
• Is Environmental or Legal part of the review?
• What are supplier’s capabilities?
• What parameters are used to select this supplier? – Cost?
• “Do not save money on hazardous wastes!”

– Listen to Mark – future liability. – Future liability not a current site cost – $1.00 per battery case at “XYZ” versus $0.75 Battery Mfr.; Employee Idea $200.

• Which is their expertise?

– Are waste handling services coupled with offsite disposal, or – All Waste and Recycling – one outlet –

3/10/2020

• 1. Managing Hazardous Waste Offsite,

aka 3. Proper Disposal of Hazardous Waste

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Inspections (BEFORE)

• Review all permits issued: TSDF, Air, Water,
• Review compliance history

– Agencies – Scorecards

• Identify all wastes your site sends
• Use an auditing checklist – Preaudit questions?
• Schedule your site visit, ensuring operations will

be running for observation

• Audit time likely 4 hours or more
• ID contact, Site, Proper Entry and Security,

Safety PPE or considerations

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• EPA Inspector Checklists and Program Checklists
• Company auditor tool or checklist
• PRIOR to visit = Much of your Audit. Request:
• Auditor package, list permits, compliance history
• EPA inspections/actions/complaints
• Call discuss with site permitter or inspector
• Internet search – inspection tips, TSDF processes, site‐specific

permits, inspections,

• EPA most cited violations, per media
• EPA initiatives – inspection focus
• Auditing experience or auditor training
• Conduct Internal audits
• Follow‐up, Corrective Actions implemented and effective

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Other Inspection Tools or Tips

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Inspections (During)

• Visual inspection of each process, all areas,

permitted emissions unit

• See processes operating
• Review of the required records

– manifests, – training, – Compliance – maintenance records

• A discussion of any issues found or missing

items

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Inspections (After)

• Inspection follow up
• Requests for additional records, supporting

information

• If issues are found, a review of your risk
• We will let you know if your site approved
• Thank you!

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A REAL LIFE EXAMPLE

• November 2017 – Hazardous waste inspection by State.
• Missing hazardous waste training records.
• Failure to characterize a material the plant considered to be a recycled

product and not a waste.

• Failure to properly label and manage metal fines.
• Failure to have operating alarms in batch production area.
• Failure to characterize “white powder” on top of drum.
• In sum, nothing to be proud of but nothing remarkable.

A REAL LIFE EXAMPLE

• November 2018
• Another inspection, and most of the violations remain unfixed.
• Unfixed or system issues
• July 2019
• District Attorney from criminal environmental enforcement division writes

to Client’s CEO.

• District Attorney also writes letter to District Attorney in a different

jurisdiction suggesting investigation of Client’s plant there.

• Client’s Law Department first hears about these matters when letter is

forwarded from the CEO. Law Department very unhappy.

• Latham hired because basic RCRA rules were ignored, and then ignored
• again. And no one at plant asked for help.

HOW EPA OR STATES BRING AN ENFORCEMENT ACTION

• EPA headquarters and EPA Regional offices each have programs or

divisions set up by media – Air, Water, Waste, etc.

• EPA staff typically work out of Regional offices and have authority to inspect

your facility or demand information.

• Headquarters and the Regions set national and regional enforcement

priorities targeting specific industries, sites, or chemicals of concern.

• States often have primary authority for enforcement and permitting, and

states generally follow the same process.

• But EPA can step in to enforce federal rules regardless. Good relations with

state authorities is helpful, but not enough.

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Site Compliance Records ‐ Pitfalls

• Document, document, document; negative records
• Does only one person on your site know where

environmental records are located?

– Not Always a phone call away – Employee turnover or company change

• New person no access to previous digital records
• “Idled operations” versus Abandoned

– Compliance regardless of level of production activity

• Digital vs. Paper – “signed” versions

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Top 10 Hazardous Waste Best Practices SUMMARY

• 1. Manage your Hazardous Waste
• 2. Proper Disposal of Hazardous Waste
• 3. Perform Hazardous Waste Determinations – document
• 4. Proper Container Labeling (EPA, Hazards, DOT)
• 5. Waste Manifests & Shipping compliance
• 6. Hazardous Waste Contingency Plan and P2 plan
• 7. Current and complete Hazardous Waste Training
• 8. Ensure proper containers, closed, and good condition
• 9. Preform routine inspections. – Address findings
• 10. Manage all wastes properly; reduce/reuse/recycling
• Universal Wastes Advantage! If managed poorly = HAZ Waste

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Best Practices in Waste Management & Implementation of New Federal and State Rules

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Hazardous Waste RULES PROPOSED OR PROMULGATED IN 2015

• 1. EPA’s final rule on definition of solid waste for

recyclable material

• 2. Hazardous Waste Generator Improvements Rule
• 3. Electronic Manifests
• 4. Hazardous Waste Pharmaceuticals Rule
• 5. Hazardous Waste Export-Import Revisions

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53

Affected Regulations in 40 CFR

SLIDE FROM: EQ environmental quarterly, A Trinity Consultants Publication WINTER 2016 “The Changing Landscape for Waste Generators” - By Liane Hetherington-Ward , Senior Consultant —St. Louis, MO

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Hazardous Waste Generator Improvements

• 81 FR 85732-85829, November 28, 2016
• > 60 changes
• Reorganization of Generator Regulations: LQG/SQG/VSQG; central

accumulation area

• Requirements for all generators: Haz Waste Determinations/Counting & HW

Generator categories/Mixtures (VSQG v LQG and SMQ) /Marking and Labeling

• Revisions that apply to VSQG: VSQG/Episodic Generation VSQG

Consolidation

• Changes to SQG ad LQG requirements: satellite accumulation/waiver of 50

foot requirement / accumulation on drip pads & containment buildings / training / emergency preparedness and planning / closure

• Record Keeping and Reporting
• Implementation and State Adoption

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Major Provisions

• Reorganization
• Consolidation of CESQG (VSQG) Waste at LQGs
• Renaming certain definitions
• Episodic Generation
• Emergency Planning and Preparedness
• Hazardous Waste Determinations
• Labeling
• Reporting
• Satellite Accumulation areas
• Waiver to 50-foot Requirement
• Closure

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• Under RCRA, EPA may authorize states to administer the

hazardous waste grogram

• Under Solid Waste Amendments of 1984 (HSWA), new

requirements imposed under HSWA take effect in authorized states at the same time as the non-authorized states (the effective date of the federal program)

• Authorized states are required to modify their programs
• nly when EPA promulgates more stringent requirements
• States may impose standards more stringent than federal

requirements

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Applicability of Rules in Authorized States

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Effect on State Authorization of Proposed Rule

• Reorganization
• Consolidation of CESQG

Waste at LQGs

• Renaming certain definitions
• Episodic Generation
• Emergency Planning and

Preparedness

• Hazardous Waste

Determinations

• Labeling
• Reporting
• Satellite Accumulation areas
• Waiver to 50-foot Requirement
• Closure

The proposed rule was promulgated under the authorization of RCRA

• Authorized under RCRA, more

stringent

• Authorized under RCRA, less

stringent

• Authorized under RCRA,

neither more nor less stringent

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Indiana

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˃ Hazardous Waste Generator Improvement Rule Update

(2019)

˃ The Hazardous Waste Updates final rule (LSA Document #18-481) that includes the federal Generator Improvement Rule published in the Indiana Register and effective on December 26, 2019. ˃ The rulemaking includes amendments for incorporation by reference of recent USEPA rules for hazardous waste generator improvements, import-export of hazardous waste, electronic manifest user fees, and technical amendments and corrections to existing hazardous waste requirements.

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E-Manifest

• 79 FR 7518 – 7563, February 7, 2014; and 83 FR

420-462, January 3, 2018

• E-Manifest Act
• Must register if interested
• Launched June 30, 2018
• Central CDX system
• Implementation consistent: June 2018
• States will assume delegable responsibility upon
• authorization. (i.e. hybrid manifest content; certain

non-fee elements)

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Disposal of Coal Combustion Residuals (CCRs) from Electric Utilities

• 80 FR 21302-21501: April 17, 2015
• Requirements for disposal of CCRs in landfills and surface impoundments: existing and

new

• Structural Integrity Requirements: design criteria and periodic safety assessments and

hazard potential assessments

• Ground water Monitoring and corrective action requirements.
• Location Restrictions
• Liner Criteria
• Operating Criteria
• Air, run on/off controls, water discharge, leachate controls
• Record Keeping, Notification and Internet Posting: Publically available
• Annual groundwater monitoring results, corrective action reports, fugitive dust, closure notifications
• Inactive Units / Closure of Unit
• Beneficial Use: after rule implementation
• State Programs: these are federal minimum; states are not required to adopt

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Imports and Exports of Hazardous Waste

• 81 FR 85696-85729, November 28, 2016
• Hazardous waste/universal waste/spent lead-acid batteries /cathode

ray tubes

• Improved export and import shipment tracking
• Consolidated set of requirements
• Mandatory electronic reporting to EPA
• Link consent to export with information submitted to US Customs

and Border Protection

• Compliance with Organization fro Economic Cooperation and

Develop (OECD) 2001

• 12/31/17: file in Automated Export System (AES)
• 12/31/18: annual reports via EPA Waste Import Export Tracking

System (WIETS)

• Adopted by States: mandatory to maintain equivalency

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Confidentiality Determinations for Hazardous Waste Export and Import Documents

• 83 FR 60894-60901
• Revises hazardous waste export and import regulations by applying

a confidentiality determination restricting assertion of confidential business information claims

• Apply confidentiality determination: No person can assert confidential

business information claims for documents related to the export, import, and transit of hazardous waste from and into the US

• Consistent approach in addressing confidentiality claims for export

and import documentation.

• All states: June 26, 2018

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Safe Management of Recalled Airbags

• Exempts the collection of airbag waste from

hazardous waste requirements when certain conditions are met

• Expected to:

– Eliminate burden of hazardous waste generator regulations for those entities performing removal – Accelerate the removal of dangerous and defective parts from both operative and salvaged vehicles

• Adoption optional

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• Proposed September 25, 2015. Comment period December 24, 2015.
• 84 FR 5816-5950, February 22, 2019 Final Rule
• “Clinic” is a “healthcare facility” subject to the rule
• Full prohibition on sewer disposal of hazardous waste pharmaceuticals
• The sewer ban is a HSWA provision. The ban is effective on the

effective date of the federal final rule

• EPA encourages proper management of non-hazardous

pharmaceuticals together with hazardous waste pharmaceuticals and requires a hazardous/non-hazardous waste determination for each stream at the healthcare facility

• Accumulation periods of up to 365 days will be allowed without a

permit, provided containers are clearly marked with "Hazardous Waste Pharmaceuticals

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Hazardous Waste Pharmaceuticals Rule

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Indiana

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˃ Pharmaceutical Sewer Ban Effective August 21, 2019 ˃ Although Indiana has not completed adoption of the U.S. EPA Pharmaceutical Rule, a portion of the rule prohibiting the flushing of hazardous waste pharmaceuticals becomes effective in all states regardless of whether the state has adopted the rule. ˃ The following excerpt from U.S. EPA website on this issue:



“ S ect ion 266.505 of t it le 40 of t he CFR prohibit s all healt hcare facilit ies and reverse dist ribut ors from discharging any hazardous wast e pharmaceut icals t o a sewer syst em… also cont rolled subst ances under DEA regulat ions and collect ed household pharmaceut icals (see 40 CFR sect ion 266.506). EP A st rongly discourages sewering of any pharmaceut ical in any set t ing”

˃

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Kentucky

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˃ Aerosol cans generated by households are not regulated as a hazardous waste and may be disposed as a solid waste. ˃ However, any person other than a household that is going to dispose of an aerosol can must:

 make a hazardous waste determination for both the can

itself, the liquid product contained in the can and the gaseous propellant

 accordance with KRS Chapter 224 and 401 KAR Chapters 39.

˃ A scrap metal recycling exemption is contained in Kentucky’s hazardous waste regulations and may be applicable to a hazardous waste determination for aerosol cans. ˃

NYSE: NAV

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˃ Nearly $1 million in Grants

Awarded to 21 Kentucky Counties to Clean up Illegal Open Dumps

˃ ON FEBRUARY 3, 2020 BY KYDEPIN

Kentucky

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Ohio

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˃ Universal Waste Rules! ˃ Many Advantages: Recycling, resource reuse, lower costs, decreased “cradle-to-grave” liability, LQG>>>VSQG

 Reduced compliance tasks and liability as VSQG

˃ Types Universal Wastes are expanding

 Lamps, Batteries, Hg, pesticides…  Aerosols, paint and related wastes, solvents; similar

evolution of “Used Oil”

˃ Aerosol cans generated by households are not regulated as a hazardous waste… ˃ Puncturing Is not treatment by OEPA guidance

NYSE: NAV

Questions

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Thank you

Terri Sexton Terri.Sexton@Navistar.com (937) 390-4011