Regulations Pertaining to the Transboundary Shipment of Industrial Waste. Texas Commission on Environmental Quality. International Waste Program

Transcription

1 Regulations Pertaining to the Transboundary Shipment of Industrial Waste Texas Commission on Environmental Quality International Waste Program Kent Waggoner, P.G. Senior Environmental Investigator TCEQ Region 6 El Paso

2 Legal Framework Mexico=s General Law of Ecological Equilibrium Requires all waste generated from foreign material to be returned to the county of origin La Paz Agreement Allows for the return of waste to the U.S.

3 Importer of Record - Definition A U.S. facility or entity that acts as the importer for wastes generated in Mexico. Ex. Parent Company Twin Plant Treatment, Storage or Disposal Facility Transporter/Transfer Facility Importers of Record are subject to generator requirements and are considered the ultimate responsible party (RP) for the waste All waste shipments into the U.S. must have a valid importer of record listed on the manifest Valid importers of record must register as generators Importers of Record can be located in any U.S. State.

4 Importer of Record - Notification Initial Notification Package For Hazardous Or Industrial Waste Management (EPA ) Use TCEQ Solid Waste Number F0061 (Mexico) Obtain EPA Identification Number TXD Assign Texas Waste Codes OUTS147H

5 Texas Waste Codes Eight digit Number 4 digit sequence number 3 digit form code 1 digit classification code OUTS103H OUTS Out-of-State 103 Spent acid with metals H Hazardous

6 Regulary Guidance Document RG-22 Revised February 2005

7 Waste Classification All nonhazardous industrial solid waste generated outside the state of Texas and transported into or through Texas for processing, storage, or disposal shall be classified as: A. Class 1; or B. Class 2 or Class 3 waste if: (i) the material satisfies the Class 2 or Class 3 criteria...; AND (ii) a request for Class 2 or Class 3 waste determination is submitted to the commission. Waste generated out-of-state may be assigned a Class 2 or lass 3 classification only after approval by the commission.

8 Importer of Record - Annual Waste Shipment Summary No report required No participation in STEERS All shipment information will be obtained from TSD/Receiver reports

9 Importer of Record - Foreign Waste Shipment Summary Must be submitted on the 25th of each month for manifested shipments for the previous month Required only for waste shipments that entered Texas for disposal in another state. Not required if the waste does not enter Texas or if the waste is disposed in Texas

10 Importer of Record - Inspection Requirements All required U.S. documentation must be kept at the Importer of Record EPA Certificate of Registration No TCEQ Registration Required 3 Years of Manifests 3 Years of Land Ban Restriction (LDR) Documentation 3 Years of waste shipment summaries Foreign waste shipment summaries for applicable month(s) No Annual Waste Shipment Summary Required Waste Analysis and Classification Documentation for all waste streams

11 Importer of Record - Summary Registration: EPA only Reports: Foreign Waste Shipment Summaries (for applicable months) Recordkeeping: Manifests (3 years) Land Disposal Restriction Documentation (3 years) Waste Analysis and Classification Documentation (all waste) Class 2 Waste Audits (all applicable waste streams) All records must be kept at U.S. registered facility

12 Foreign Generator - Definition An facility or entity located outside the U.S. that generates waste to be imported into the U.S. for disposal. Maquiladoras are considered foreign generators.

13 Foreign Generator - Notification No Registration or Reporting Required

14 Foreign Generator - Summary Registration: None required* Reports: None required* Recordkeeping: None required* *Responsibility of Importer of Record

15 Transporter & Transfer Facility - Definition TRANSPORTER Any entity that transports waste into or within the U.S. TRANSFER FACILITY Any transporter that stores waste during the normal course of transportation Must be registered and listed on the manifest as a transporter Can only store waste for 10 days or less Applies to hazardous and nonhazardous industrial waste

16 Transporter - Notification Initial Notification Package For Hazardous Or Industrial Waste Management (TNRCC-0002/EPA ) Obtain TCEQ Solid Waste Number: Obtain EPA Identification Number: TXD

17 Transporter - Summary Registration: EPA and TCEQ Reports: None required Recordkeeping: Manifests (3 years) All records must be kept at U.S. registered facility

18 10 Day Transfer Facility Requirements Notification to TCEQ only (if no hazardous waste is managed) Notification to EPA (if hazardous waste is managed along with the following requirements) 40 CFR Security 24 hour surveillance, fence, signs (English and Spanish) 40 CFR General Inspection Requirements written inspection schedule inspection logs 40 CFR Personnel Training annual hazardous material training training records

19 10-Day Transfer Facility Requirements (cont=d) 40 CFR 265 SUBPART C (30-37) - Preparedness and Prevention internal communications or alarm system external communication or alarm system fire control and decontamination equipment routine equipment maintenance adequate aisle space emergency response arrangements with local authorities 40 CFR SUBPART D (50-56) - Contingency Plan and Emergency contingency plan 24-hour emergency coordinator 40 CFR SUBPART I ( ) - Container Use and Management special requirements for ignitable and reactive waste weekly container inspections compatibility and container condition requirements

20 Manifesting Shipments of Hazardous and Class 1 Nonhazardous waste must use a Uniform Hazardous Waste Manifest

21 Manifesting (con=t) Wastes that do not require a Uniform Hazardous Waste Manifest All Nonhazardous waste to be recycled (includes used oil) Certain Hazardous wastes to be recycled such as Used batteries Industrial ethyl alcohol Used oil (characteristically hazardous) Scrap metal Exemptions Solder Dross (if considered a by-product and sent for recycling) Materials sent for reuse (e.g. some solvents)

22 Uniform Hazardous Waste Manifest New USEPA Manifest must be used beginning September 2006

23 Manifest Exception Reporting Final copy of manifest not received within 35 days of shipment Generator must contact transporter to determine status of the hazardous waste shipment Final copy of manifest not received within 45 days of shipment Generator must file an exception report with the TCEQ and/or EPA An exception report must include the following: a) Copy of the original manifest b) A cover letter signed by the generator explaining the efforts taken to locate the waste and the results of those efforts

24 Manifesting - Summary Generator: Name, Address and Contact Telephone Number of Foreign Generator and Importer of Record State ID No.: F0061 (Mexico) State Waste Code: OUTSxxxx Also attach the following documents if applicable: Land Disposal Restriction Documentation Toxic Substance Control Act (TSCA) Documentation Class 2 Audit Authorization Letter from TCEQ Must be signed by Importer of Record or authorized agent

25 For additional information or to obtain a registration package, please contact KENT WAGGONER TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 401 E. FRANKLIN AVENUE, SUITE 560 EL PASO, TEXAS (915) PHONE (915) FAX KWAGGONE@TCEQ.STATE.TX.US