Hazardous Waste Rules Stakeholder Meeting. Department of Environmental Quality

Transcription

1 Hazardous Waste Rules Stakeholder Meeting Department of Environmental Quality

2 2 Welcome & Introductions

3 /Compliance/ComplianceMap_by_Inspec tor.pdf

4 Purpose of Meeting The Hazardous Waste Section is currently undergoing state rule evaluation & rulemaking and would like Stakeholder input on the development of these rules. The information presented at this meeting will help to familiarize Stakeholders with the North Carolina Hazardous Waste Management Rules and upcoming hazardous waste rule changes.

5 Meeting Overview Hazardous Waste Generator Improvements Rule Overview Periodic Rules Review Overview Rulemaking Schedule How to Submit Comments Question/Answer Note: The information provided is specific to North Carolina.

6 6 Overview of Hazardous Waste Generator Improvements Rule

7 Hazardous Waste Generator Improvements Rule Disclaimer: The requirements highlighted in this presentation may be subject to change - Law suit by trade associations may affect the effective date of the regulation The requirements highlighted in this presentation are not all inclusive of all the new/revised requirements in this new rule - Providing information to make familiar with regulation - Focusing on additional requirements and changes

8 Hazardous Waste Generator Improvements Rule Regulation Overview: Published in Federal Register on Nov. 28, 2016 Effective on federal level on May 30, 2017 Not affected by the Jan. 20, 2017 Regulatory Freeze Memo or the subsequent rules delay notice at 82 FR 8499, Jan. 26, 2017 Promulgated over 60 revisions and new provisions to the hazardous waste generator regulatory program in RCRA and consolidates rules into 40 CFR 262 Will affect all hazardous waste generators in NC: LQGs 735 SQGs CESQG 4914

9 Hazardous Waste Generator Improvements Rule Federal Rule and more information (FAQs, history):

10 Hazardous Waste Generator Improvements Rule Hazardous Waste Section is currently going through the process of temporary rulemaking to replace references to provisions of the federal regulation that automatically become effective May 30, 2017 to prevent a gap in the NC hazardous waste regulatory program - The temporary rule will delay the effective date of the HW Generator Improvements Rule in NC until March 1, Permanent rulemaking will then occur so all parts of the rule becomes effective at the same time - March 1, Increased opportunity for stakeholder input - Increased opportunity for compliance assistance to the regulated public

11 Example of how temporary rule will appear

12 Which provision are less stringent? Per EPA: Episodic Generation Consolidation of HW from VSQG at a LQG Waiver from 50 feet from property line (for ignitable/reactive waste) NC has the option on whether to adopt for provisions considered less stringent than existing rule.

13 Major Impacts of Final Rule by Generator Category New/Revised Provision VSQG SQG LQG Waste Determination X X X Generation Category Determination X X X LQG Consolidation of VSQG Wastes X X Episodic Generation X X 50-foot Waiver X Marking & Labeling X X Marking RCRA Waste Codes X X SQG Re-notification X Contingency Plan Quick Reference Guide Closure Notification Closure as Landfill if Can t Clean Close X X X BR Reporting by Recyclers Who Don t Store* X X

14 New Definitions Added 40 CFR Central Accumulation Area (CAA): - Added for LQG and SQG. To replace terms like generator accumulation areas, 90-day areas, and 180-day areas Acute and Non-acute HW Large Quantity Generator Small Quantity Generator Very Small Quantity Generator

15 Updates to Hazardous Waste Determination 40 CFR SQG VSQG LQG Clarifies HW determinations must be accurate Confirms generator s waste must be classified at its point of generation and before dilution, mixing, alteration Elaborates on how to determine if a solid waste is either a listed and/or characteristic HW

16 Updates to Hazardous Waste Determination 40 CFR Revises language on how generators can make waste determination using generator knowledge LQG & SQG must document and maintain records of hazardous waste determinations for three years (or longer if under enforcement action) Identify/mark with all applicable HW codes Did not finalize provision requiring documentation of non-hazardous waste determinations as proposed

17 Generator Category Determination 40 CFR VSQG SQG LQG A generator must determine its generator category The category is based on the amount of hazardous waste that is generated in a calendar month A generator's category can change from month to month The counting requirements are based on the RCRA statute & are critical to the framework of the generator regs This provision also discusses how mixing of hazardous waste with non-hazardous waste impacts generator category

18 Generator Category Determination TABLE 1 to Generator Categories Based on Quantity of Waste Generated In A Calendar Month

19 Generator Category Determination Type of Generator Very Small Quantity Generator (VSQG) Quantity of non-acute HW generated in a calendar month < 220 lbs. (100 kg) (approximately equal to ½ of a 55-gallon container or 27 gallons) Quantity of acute HW generated in a calendar month < 2.2 lbs. (1 kg) Quantity of residues from a clean-up of acute HW generated in a calendar month Maximum Accumulation Time < 220 lbs. (100 kg) No time limit Maximum On-Site Waste Accumulation Amount < 2200 lbs. (1000 kg) non-acute HW at any time (approximately equal to five 55-gallon containers) < 2.2 lbs. (1 kg) acute HW at any time < 220 lbs. (100 kg) acute HW from a clean-up at any time Small Quantity Generator (SQG) > 220 lbs. (100 kg) but < 2200 lbs. (1000 kg) (approximately equal to five 55-gallon containers) < 2.2 lbs. (1 kg) < 220 lbs. (100 kg) 180 days; 270 days if TSDF is more than 200 miles from the facility 13,200 lbs. (6000 kg) non-acute HW at any time (approximately equal to thirty 55-gallon containers) < 2.2 lbs. (1 kg) acute HW at any time < 220 lbs. (100 kg) acute HW from a clean-up at any time Large Quantity Generator (LQG) > 2200 lbs. (1000 kg) > 2.2 lbs. (1 kg) > 220 lbs. (100 kg) 90 days No quantity limit

20 Notification for SQG and LQG 40 CFR SQG LQG Notification requirements moved from to Requires re-notification ( ) for SQGs and LQGs; - SQGs every four years starting in LQGs by March 1 of each even numbered year (can use biennial report to notify) form will be updated by EPA (current form expired 1/31/2017 but keep using until replaced) New form will be found at this link:

21 Generator Category Determination Reorganization of Generator Rules Provision Previous Citation New Citation 261.5(c) (e) CESQG (VSQG) Provisions 261.5(a), (b), (f) (g) Satellite Accumulation Area Provisions (c) SQG Provisions (d) (f) LQG Provisions (a), (b), (g) (i), (m) Episodic Events None Subpart L, Preparedness, Prevention, and Emergency Procedures for LQG Subpart M, As part of this reorganization, the Agency made conforming changes to citations that reference and

22 Marking and Labeling SQG LQG Requires SQGs and LQGs to label HW containers (satellite and storage) with the following: - Hazardous Waste ; and - Indication of the hazards of the contents - Applicable HW Characteristics - e.g. Ignitable, or - DOT Hazard Class, or - Label consistent with OSHA Hazard Communication, or - Label consistent with NFPA, or - Label with hazard pictogram consistent with Globally Harmonized System (GHS); and - Applicable hazardous waste code(s) (required prior to shipping only)

23 Examples of Labels that indicate the Hazards The applicable hazardous waste characteristic (i.e., ignitable, corrosive, reactive, toxic):

24 Examples of Labels that indicate the Hazards Hazard communication consistent with DOT (49 CFR part 172 Subpart E Labeling or Subpart F Placarding)

25 Examples of Labels that indicate the Hazards : Hazard statement or pictogram consistent with OSHA (29 CFR )

26 Examples of Labels that indicate the Hazards Chemical hazard label consistent with the National Fire Protection Association code 704

27 Prior to Transporting, must meet the Marking Requirements Must have specific statement Generator s Name, Address, and EPA ID Number Manifest Tracking Number EPA HW Numbers

28 Marking and Labeling Clarifications Labeling should occur at the initial point of generation For containers that have small containers inside (e.g., tubes, vials, etc.), generators can mark the outer/secondary container or attach a tag with the required information For containers that already have appropriate marking and labeling (e.g., a Commercial Chemical Product in its original container with an intact label), the existing marking and labeling is sufficient, provided it indicates the hazards of the chemical and the words Hazardous Waste are added

29 Marking and Labeling Clarifications For drip pads and containment buildings, the generator can keep this information in logs or records near the accumulation unit The labels are not required to include the identity of the contents of the container (as proposed)

30 Satellite Accumulation Areas SQG LQG Rules formerly located at (c) Rules apply to SQG and LQG Provides maximum weight (1 kg) in addition to volume (1 quart) for acute hazardous waste limit Clarifies that three days means three consecutive calendar days for when waste must be moved to CAA or permitted TSDF Makes marking and labeling requirements consistent with central accumulation areas Satellite areas now subject to preparedness, prevention, and emergency requirements (for example): - Emergency Arrangements must include these areas (SQG/LQG) - Contingency plan must include these areas (LQG)

31 Satellite Accumulation Areas Additions to Satellite Accumulation Container Requirements: Must meet requirements applicable to incompatible waste: - Incompatibles must not be placed in the same container - Hazardous waste must not be placed in an unwashed container that previously held an incompatible - A container holding an incompatible must be separated from the other material by means of a dike, berm, wall, or other device Must be closed at all times during accumulation, except when adding, removing, or consolidating waste, or when temporary venting of a container is necessary - For the proper operation of equipment, or - To prevent dangerous situations, such as build-up of extreme pressure

32 Emergency Preparedness & Prevention Arrangements SQG LQG For LQG 262 Subpart M For SQG (b)(8) Previously in Updated preparedness, prevention, planning and emergency procedures provisions for SQGs and LQGs; - New rule still states generator must attempt to make arrangements with local (instead of the proposed language of must make ), but they must document arrangements - May make arrangements with the Local Emergency Planning Committee if it is determined the appropriate organization with which to make arrangements, but not required

33 Emergency Preparedness & Prevention Emergency Arrangements and Contingency Plans apply to areas where waste is generated, satellite accumulation areas and central accumulation areas A facility possessing a 24-hour response capability can seek a waiver from making arrangements with emergency authorities - Waiver issued by authority having jurisdiction over the fire code within the facility s state or locality

34 Emergency Preparedness & Prevention LQG Waiver to 50-foot Requirement: (a)(1)(vi)(A) Allows a facility to receive a variance for the storage of ignitable and reactive waste to be stored less than 50 feet from the property line Generators may seek a waiver from the authority having jurisdiction over the fire code. The authority may approve a waiver if it thinks the precautions taken by the facility make such accumulation appropriate and safe.

35 Emergency Preparedness & Prevention Contingency Plan LQG LQGs can eliminate unnecessary employee personal information in the contingency plan ( (d)) - Replacing addresses and phone numbers of employees with an emergency telephone number and, where applicable, a position title, as long as the number is staffed at all times Contingency Plan Quick Reference Guide required to be submitted when new facility or updated plan is submitted to local emergency authorities (specifics on next slides)

36 Contingency Plan Quick Reference Guide LQG Quick reference guide must include the following: Types/names of hazardous wastes (HW) in layman s terms & associated hazard of each HW present at any one time; Example: toxic paint wastes, spent ignitable solvent, corrosive acid Estimated maximum amount of each HW that may be present at any one time;

37 Contingency Plan Quick Reference Guide Identification of any HW where exposure would require unique or special treatment by medical or hospital staff Map of facility showing where HWs are generated, accumulated & treated and routes for accessing these wastes Street map of facility in relation to surrounding businesses, schools, residential areas to understand how best to get to facility and also evacuate citizens and workers

38 Contingency Plan Quick Reference Guide Locations of water supply (e.g., fire hydrant and its flow rate) The identification of on-site notification systems (e.g., a fire alarm that rings off site, smoke alarms); and Name of the emergency coordinator(s) and 7/24-hour emergency telephone number(s) Must update quick reference guide whenever contingency plan must be updated

39 Revised Closure Provisions for LQG LQG Revised closure provisions for LQGs: (a)(8) Requires LQGs accumulating hazardous wastes in containers to close as landfill if unable to clean close Requires LQGs to notify when closing its facility - 30 days prior to closing facility - 90 days after closing facility and complied with closure performance standards Provides option of LQG closing waste accumulation unit by: - Notifying they have met closure performance standards; or - Place notice in operating record within 30 days after closing waste accumulation unit and addressing closure when facility closes Clarifies that closure does not apply to SAAs

40 Consolidation of HW from VSQG at a LQG (a)(5)(viii) and (f) VSQG LQG Allows a VSQG to transfer HW to a LQG under the control of the same person provided the LQG: Notifies (using form) of this activity, Dates the waste when received, Manages waste received by LQG rules, Maintains paperwork for each shipment received, and Reports waste on biennial report

41 Consolidation of HW from VSQG at a LQG (a)(5)(viii) and (f) VSQG LQG Allows a VSQG to transfer HW to a LQG under the control of the same person provided that VSQG labels containers with specific wording: - Hazardous Waste ; and - Indication of the hazards of the contents - Applicable HW Characteristics - e.g. Ignitable, or - DOT Hazard Class, or - Label consistent with OSHA Hazard Communication, or - Label consistent with NFPA, or - Label with hazard pictogram consistent with Globally Harmonized System (GHS)

42 Less Stringent Provision Episodic Generation 262 Subpart L VSQG SQG Allows SQG and VSQGs to maintain their regulatory status if temporarily generating more HW due to an episodic event provided that: Planned/unplanned episodic event is limited to one per calendar year - Or two events if petition is approved by HWS Generator must notify using EPA form at least 30 calendar days prior to initiating a planned episodic event or within 72 hours after an unplanned episodic event - Generator must obtain an EPA ID number (VSQGs) Episodic event must be initiated and completed within 60 days

43 Episodic Generation 262 Subpart L SQGs need to comply with existing SQG regulations and maintain records associated with the episodic event Label episodic waste containers with episodic hazardous waste, an indication of the hazards, and the date the event began Maintain records associated with the episodic event

44 Requirements for VSQGs: Episodic Generation 262 Subpart L Obtain a RCRA identification number Use a hazardous waste manifest and transporter to send episodic waste to a TSDF or recycler Manage the episodic hazardous waste in a manner that minimizes the possibility of an accident or release Label episodic waste containers with episodic hazardous waste, an indication of the hazards, and the date the event began Identify an emergency coordinator Maintain records associated with the episodic event

45 Other Changes Deleted obsolete regulations that refer to the Performance Track/Project XL programs; Added a provision that placement of bulk or noncontainerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited. - In NC, disposal of hazardous waste and liquids in the landfill are already prohibited Biennial Report removed instructions in rules and referred to the biennial report form for instructions (EPA Form A/B)

46 Additional Information After this meeting, a short survey will be ed to you about whether your facility/organization plans to use the less stringent parts of the HW Generator Improvements Rule The answers are informal and non-binding strictly for general informational purposes If any facility is willing to share their estimate of the cost of compliance with the more stringent requirements, please send to Jenny Patterson A link to the Hazardous Waste Section website page where the slides from the presentation and other meeting information will be available

47 Completely Separate/Independent from North Carolina Rulemaking, but Relevant. Executive Order 13777

48 Executive Order February 24, 2017, President Trump issued Executive Order on Enforcing the Regulatory Reform Agenda Establishes the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people Among other things, it requires EPA to create a Regulatory Reform Task Force to evaluate existing regulations and to identify regulations that could be repealed, replaced or modified to make them less burdensome

49 Executive Order Specifically, seeking to identify regulations that: Eliminate jobs, or inhibit job creation; Are outdated, unnecessary, or ineffective; Impose costs that exceed benefits; Create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; Are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriates Act, 2001 (44 U.S.C note), or the guidance issued pursuant to that provision in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard of reproducibility; or Derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified

50 Executive Order EPA is accepting comments through May 15, 2017 at docket: OA For more information about this effort:

51 Executive Order May 9, 2017, from 9:00am to 5:00pm EDT in Arlington,VA Public meeting hosted by EPA s Office of Land and Emergency Management to obtain additional stakeholder feedback - The intent of the meeting is to provide an opportunity for interested parties to present recommendations specific to OLEM s regulations. - Please see on how you can submit comments and participate in or listen to the OLEM public meeting.

52 Questions?

53 Periodic Rules Review

54 Periodic Rules Review Session Law (HB 74) requires existing rules be reviewed through G.S. 150B-21.3A every 10 years Three Step Process: - Step 1: Agency Determination Initial Determination: Unnecessary (Rule will expire and be removed from code) Necessary without substantive public interest (Rule will remain in effect without further action) Necessary with substantive public interest (Rule shall be readopted as if it was new in accordance with APA) Public Comment July 15, September 20, 2016

55 Periodic Rules Review - Step 2: Rules Review Commission (RRC) Review (Reviews agency s report and makes final determination) Submitted March 2017 for Approval April Step 3: Administrative Procedure Oversight (APO) Committee Consultation (Opportunity to review final determination before it becomes effective) Final determination June 2017

56 Periodic Rule Review What happens next with Periodic Rule Review? Concurrently with the HW Generator Improvements Rule, all rules in 15A NCAC 13A will be evaluated by HWS Begin re-adoption of all Rules in 15A NCAC 13A - Official Public Comment Period/Hearing (Fall 2017) Create/provide guidance documents and training information

57 Timeline for Rulemaking Schedule Steps of Process Temporary Permanent Groundwater / Waste Management Committee March 8, 2017 July 12, 2017 Office of State Budget and Management (OSBM) approval Fiscal Note N/A Before September 14, 2017 (June August 2017) Environmental Management Commission (EMC) March 9, 2017 September 14, 2017 Rule submitted to Office of Administrative Hearings (OAH): place on web and sent to interested parties Rule published on OAH website (within 5 business days of submission) March 10, 2017 September 25, 2017 March 17, 2017 NC Register publication date (only permanent) N/A October 16, 2017 N/A Public Comment Period (15 business days for temporary; 60 days for permanent) Public Hearing (5 days from publication- only for temporary; 15 days after publication in Register - permanent) EMC adopts at least 30 business days from submission to OAH and sent to interested persons) March 10, 2017 April 7, 2017 October 16, 2017 December 15, 2017 April 3, 2017 Any time after October 31, 2017 May 11, 2017 N/A EMC Adopts N/A January 11, 2018 Submit to Rules Review Commission (RRC) May 12, 2017 January 19, 2018 RRC Review meeting date and approved May 18, 2017 February 15, 2018 Proposed effective date and entered into code May 30, 2017 March 1, 2018 Rule published in Register (only for temp rule) June 15, 2017 N/A Temporary rule expires 270 days from publication date in NC Register March 12, 2018 N/A

58 Periodic Rule Review Link to the state HW Management Rules 15A NCAC 13A: %20environmental%20quality/chapter%2013%20- %20solid%20waste%20management/subchapter%20a/sub chapter%20a%20rules.pdf Link to NC HW Rules with link to federal rules (example of document is on the next slide): Rules%20List%20with%20State%20and%20Federal%20Li nks%20for%20website.pdf

59

60 State Rule Summary 15A NCAC 13A.0101: General - Incorporates 40 CFR and by reference - Clarifies the administration of the HW Program 15A NCAC 13A.0102: Definitions - Incorporates 40 CFR by reference - Includes state specific definitions 15A NCAC 13A.0103: Petitions Part Incorporates 40 CFR by reference - Provides state requirements for rulemaking

61 State Rule Summary 15A NCAC 13A.0104: Public Information Part 2 - Incorporates parts of federal rules about requests for information (40 CFR 2) - Incorporates parts of federal rules about confidential business information (40 CFR 2) 15A NCAC 13A.0105: General Program Requirements Part Incorporates parts of 124 about Specific Procedures Applicable to RCRA Permits by reference - Includes state specific requirements for permits 15A NCAC 13A.0106: Identification and Listing of Hazardous Wastes Part Incorporates 40 CFR 261 by reference

62 State Rule Summary 15A NCAC 13A.0107: Standards Applicable to Generators of Hazardous Waste Part Incorporates 40 CFR 262 by reference - Includes state specific requirements for generators 15A NCAC 13A.0108: Standards Applicable to Transporters of Hazardous Waste Part Incorporates 40 CFR 263 by reference 15A NCAC 13A.0109: Standards for Owners/Operators of Hazardous Waste Treatment, Storage and Disposal Facilities Part Incorporates 40 CFR 264 by reference - Includes state specific permit requirements

63 State Rule Summary 15A NCAC 13A.0110: Interim Status Standards for Owners/Operators of Hazardous Waste Treatment, Storage and Disposal Facilities Part Incorporates 40 CFR 265 by reference - Includes state specific requirements 15A NCAC 13A.0111: Standards for the Management of Specific Hazardous Waste Types / Hazardous Waste Facilities - Part Incorporates parts of 40 CFR 266 by reference (e.g. includes management standards for precious metal recycling, spent lead acid batteries, military munitions, low level mixed waste, HW boilers & industrial furnaces) - Includes state specific requirements

64 State Rule Summary 15A NCAC 13A.0112: Land Disposal Restrictions Part Incorporates 40 CFR 268 by reference 15A NCAC 13A.0113: The Hazardous Waste Permit Program Part Incorporates 40 CFR 270 by reference - Includes state specific permit requirements 15A NCAC 13A.0114: Requirements for Authorization of State Hazardous Waste Program Part Incorporates part of 40 CFR 271 by reference

65 State Rule Summary 15A NCAC 13A.0115: Annual Reports 15A NCAC 13A.0116: Special Purpose Commercial Hazardous Waste Facility - Provides state specific requirement for evaluation of commercial treatment, storage and disposal (TSD) facilities to determine frequency of inspection 15A NCAC 13A.0117: Fee Schedules - Determines the fee schedule for commercial TSD facility

66 State Rule Summary 15A NCAC 13A.0118: Standards for the Management of Used Oil - Incorporates 40 CFR 279 by reference - Includes state specific requirements 15A NCAC 13A.0119:Standards for Universal Waste Management - Incorporates 40 CFR 273 by reference

67 Considerations when Drafting Rule Language or Providing Comments Financial impact - Always consider the financial impact when suggesting a change - A regulatory impact analyses or more detailed fiscal notes are prepared for all rule changes, which OSBM approves Legal review - RRC attorneys will do a pre-review of the draft changes - Vague or ambiguous text will not be allowed, must be clear and concise and legally defensible

68 Providing Comments for Rule Development during Periodic Rules Review These comments are informal they will not be part of the official public comment period offered in Fall 2017 All comments will be accepted Note: - North Carolina is required to be at least as stringent as the federal RCRA requirements - Some North Carolina rules are mandated by NC Law (in North Carolina General Statutes N.C.G.S.)

69 How do I Make Comments for Rule Development during Periodic Rules Review? Submit comments by Friday, May 5, 2017 Electronically: Jenny.Patterson@ncdenr.gov By Mail: Jenny Patterson NCDEQ DWM / HWS 1646 Mail Service Center Raleigh, NC

70 Questions?

71 Julie S. Woosley Hazardous Waste Section Chief Division of Waste Management Hazardous Waste Section Department of Environmental Quality

72 Jenny Patterson Special Projects Coordinator Hazardous Waste Section Division of Waste Management Department of Environmental Quality

73 /Compliance/ComplianceMap_by_Inspec tor.pdf