EPA s 2014 Definition of Solid Waste Rule Exclusions for Hazardous Secondary Materials. Agenda. The 2008 Rule a Look Back. Scott C.

Transcription

1 EPA s 2014 Definition of Solid Waste Rule Exclusions for Hazardous Secondary Materials Scott C. Dunsmore, CET Photos Placeholder 1 Agenda Review the 2008 DSW rulemaking Discuss changes to the generator-controlled exclusion Examine the new exclusions for: Transfers of recycled hazardous secondary materials Remanufactured spent solvents Discuss effect on other solid waste exclusions 2 The 2008 Rule a Look Back The 2008 DSW rule provided three exclusion opportunities: 1. Generator-controlled Non-land-based units [40 CFR 261.2(a)(2)(ii)] Land-based units [40 CFR 261.4(a)(23)] 2. Transfer-based [40 CFR 261.4(a)(24) and (25)] 3. Petitions [40 CFR ] 3 1

2 Issues and Concerns With the 2008 Rule Petitioners argued that the 2008 DSW rule lacked: Definitions for key terms associated with the exclusions Proper management standards for storing, handling, and shipping hazardous secondary materials Standards for emergency preparedness and planning Consideration for environmental justice concerns 4 The New Rule vs. the 2008 Rule Generator-controlled exclusion remains Rules consolidated to 40 CFR 261.4(a)(23) Management, notification, and recordkeeping requirements added Petitions remain 5 The New Rule vs. the 2008 Rule Transfer-based exclusion replaced with a verified recycler exclusion New exclusion created for remanufacturing certain highvalue spent solvents 6 2

3 Hazardous Secondary Materials Hazardous secondary material (HSM) means: a secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under part 261 of this chapter. [40 CFR ] 7 Generator-Controlled The hazardous secondary material may be reclaimed at: The generator s site Another site under the generator s control A toll manufacturer s site [40 CFR 261.4(a)(23)(i)] 8 Control Means that the person has the power to direct the policies of the facility, whether by ownership of stock, voting rights, or otherwise This excludes sites in which a contractor operates the facility on behalf of another person [40 CFR 261.4(a)(23)(i)(B)] 9 3

4 Six Conditions for Generator-controlled Exclusion 1. Material is not subject to specific 40 CFR 261.4(a) exclusion or lead-acid batteries 2. Generator must satisfy notification requirements 3. Generator must document legitimacy of recycling [40 CFR 261.4(a)(23)(ii)] 10 Six Conditions for Generator-controlled Exclusion 4. Generator must prove material is not speculatively accumulated 5. Material must be contained 6. Generator must comply with emergency preparedness requirements [40 CFR 261.4(a)(23)(ii)] 11 Notification Generators must submit a written notification to the EPA or state using EPA Form Notification is required: Prior to operating under the exclusion, By March 1 of every odd-numbered year, and Within 30 days of stopping [40 CFR and 261.4(a)(23)(ii)(C)] 12 4

5 Notification Contents Type and amount of secondary hazardous material Method of storage/accumulation Length of time accumulated prior to reclamation Regulatory reference of exclusion Date facility expects to start managing under the exclusion [40 CFR (a)] 13 Notification Contents EPA waste numbers Indication if land-based units will be used Quantity to be managed annually Certification (by authorized representative ) [40 CFR (a)] 14 Documenting Legitimacy Generator must maintain documentation that demonstrates that the: Hazardous secondary material provides a useful contribution to the recycling process, Hazardous secondary material is managed as a valuable commodity, Recycling process produces a valuable product, and Product is comparable to legitimate products [40 CFR (a)] 15 5

6 Legitimate Product The product of the recycling process must: Have the same levels of Appendix VIII constituents and exhibit same characteristics of an analogous product, or Meet widely recognized commodity standards or be returned to the generating process [40 CFR (a)(4)] 16 Speculative Accumulation Must mark hazardous secondary material s storage unit with the date the material is first accumulated If placement on the storage unit is not practicable, can maintain an inventory log (or similar) [40 CFR 261.1(c)(8)] 17 Storing Hazardous Secondary Materials Storage Units Under the generator-controlled and verified recycler exclusions, hazardous secondary materials must be contained in storage units Storage units can be: Non-land-based (e.g., containers or tanks); or Land-based (e.g., surface impoundments or piles) [40 CFR ] 18 6

7 Storing Hazardous Secondary Materials Contained Three criteria must be met in order for hazardous secondary materials to be considered contained Storage units meeting 40 CFR 264 or 265 standards are presumed to be contained [40 CFR ] 19 Conditions for Contained Good Condition 1. The unit must be: In good shape, and Free of leaks or unpermitted releases [40 CFR ] 20 Conditions for Contained Properly Marked 2. The identity of the hazardous secondary materials inside a unit must be indicated by either: Labeling the unit, or A log or similar means [40 CFR ] 21 7

8 Conditions for Contained Compatibility 3. Unit must be compatible with all materials inside and must be constructed to address fire and explosion Different materials in the same unit must be compatible with each other [40 CFR ] 22 Emergency Preparedness All persons involved with the generator exclusion must comply with 40 CFR (comparable to 40 CFR 265, Subpart C) [40 CFR 261, Subpart M] 23 Contingency Planning If accumulate 6,000 kg of hazardous secondary material (HSM), then also comply with 40 CFR (emergency coordinator and info near phone) If > 6,000 kg HSM, then also comply with 40 CFR (emergency coordinator and written contingency plan) [40 CFR 261, Subpart M] 24 8

9 Tracking Shipments Generators and receiving facilities must keep records for each shipment that include the: Name of the transporter, Date of shipment/receipt, and Type and quantity of HSM Records must be retained for at least three years [40 CFR 261.4(a)(23)(i)(B) and (C)] 25 Verified Recycler Exclusion Exclusion requires the hazardous secondary material to be recycled by a facility that: Has a RCRA Part B permit, or Has received a variance per 40 CFR (d) The same requirement applies for intermediate facilities that store the material for more than 10 days [40 CFR 261.4(a)(24)] 26 Verified Recycler Exclusion Prohibition This exclusion is not available to spent lead-acid batteries or any secondary material already subject to a specific exclusion at 40 CFR 261.4(a) [40 CFR 261.4(a)(24)] 27 9

10 Verified Recycler Exclusion Generator s Recordkeeping Requirements Comply with the following recordkeeping requirements: Notification per 40 CFR Legitimate recycling per 40 CFR [40 CFR 261.4(a)(24)(iv) and (vii)] 28 Verified Recycler Exclusion Generator s Management Requirements The material must be: Contained per 40 CFR Marked per the speculative accumulation definition at 40 CFR 261.1(c)(8) The generator must comply with the emergency preparedness requirements at 40 CFR 261, Subpart M [40 CFR 261.4(a)(24)(i) and (v)] 29 Shipments of Materials Under the Verified Recycler Exclusion Generator must maintain shipping records that include: Date of shipment Type and quantity of the HSM per shipment Name of the transporter Name and address(es) of each recycler and interim facility Confirmation of receipt from each recycler and interim facility [40 CFR 261.4(a)(24)(v)(C) and (D)] 30 10

11 Shipments of Materials Under the Verified Recycler Exclusion Shipping records must be retained for three years [40 CFR 261.4(a)(24)(v)(C) and (D)] 31 Verified Recycler Exclusion Recycling and Intermediate Facilities Avoid speculative accumulation Comply with the emergency preparedness requirements at 40 CFR 261, Subpart M [40 CFR 261.4(a)(24)] 32 Verified Recycler Exclusion Recycling and Intermediate Facilities Notify the EPA per 40 CFR Retain records proving legitimate recycling per 40 CFR Keep records of all receipts Provide confirmations of receipt to all generators Comply with the financial assurance requirements at 40 CFR 261, Subpart H [40 CFR 261.4(a)(24)] 33 11

12 Remanufacture Exclusion Exclusion applies only to 18 specific spent solvents Spent solvents must originate from and be remanufactured by four specific manufacturing sectors Remanufactured solvents must be used in the manufacturing process at covered manufacturing sectors [40 CFR 261.4(a)(27)] 34 Remanufacture Exclusion Covered Solvents 1. Acetonitrile 2. n-butyl aclohol 3. Chlorobenzene 4. Chloroform 5. Chloromethane 6. Cyclohexane 7. Dichloromethane 8. NN-dimethylformamide 9. Ethanol 10. Ethylbenzene 11. n-hexane 12. Methanol 13. Methyl tert-butyl ether 14. Methyl isobutyl ketone 15. Tetrahydrofuran 16. 1, 2, 4-Trimethylbenzene 17. Toluene 18. Xylenes [40 CFR 261.4(a)(27)(i)] 35 Remanufacture Exclusion Covered Solvents Solvents must be commercial grade and used for: Reacting, Extracting, Purifying, or Blending chemicals 36 12

13 Covered Industrial Sectors The listed spent solvents must originate from: 1. Pharmaceutical manufacturing (NAICS ), 2. Basic organic chemical manufacturing (NAICS ), 3. Resins manufacturing (NAICS ), or 4. Paints and coatings manufacturing (NAICS ) [40 CFR 261.4(a)(27)(ii)] 37 Covered Industrial Sectors Additional industries can petition the EPA to be added to the exclusion [40 CFR 261.4(a)(27)(ii)] 38 Management of Spent Solvents Under Remanufacturing Exclusion Generators and remanufacturers must: Manage solvents in containers or tanks meeting 40 CFR 261, Subpart I or J Avoid speculative accumulation Comply with air emission standards 39 13

14 Management of Spent Solvents Under Remanufacturing Exclusion Generators and remanufacturers must: Notify the EPA per 40 CFR Develop remanufacturing plans Retain records of shipments and receipts 40 Impact on 2008 DSW Rule Rule issued under RCRA (not HSWA) is effective since July 13, 2015 For states under Federal oversight, all provisions apply on effective date For states that did adopt the 2008 rule, not effective until state adopts changes States that did not adopt the 2008 rule will have to decide whether to adopt new exclusions 41 Impact on Pre-2008 Exclusions Two components of final rules apply to all solid waste recycling exclusions in all states: Legitimate recycling at 40 CFR and 261.2(g) Speculative accumulation at 40 CFR 261.1(c)(8) All states will need to adopt these changes, at the least Effective date of these changes is unclear in the Federal Register 42 14

15 QUESTIONS? 43 15