Presented by Mike Wimsatt, Director, Waste Management Division NH Department of Environmental Services at New Hampshire Hazardous Waste &

Transcription

1 Presented by Mike Wimsatt, Director, Waste Management Division NH Department of Environmental Services at New Hampshire Hazardous Waste & Contaminated Sites Conference Manchester, New Hampshire May 24, 2017

2 HW Rules Authorization Lean project * Staff/Program Changes Inspection program new inspector HW Coordinator Certification Program See Tim with ideas for new training classes Permitting - new focus on waste treatment systems and field inspections Closer coordination with remediation programs

3 9,349 DW samples collected ( 5,500 households) Gasoline Release Prevention 11 MVRF spill prevention pads installed (22 in process) 80 gasoline transfer devices delivered 234 USTs removed Remediation: >15K tons of contaminated soil removed Drinking water infrastructure projects 3 completed and 2 under construction

4 Report review backlog Emerging contaminants * - Per- and Polyfluoroalkyl Substances ( PFASs ) Rule Making Effort AGQS Updates -1,4-dioxane -Comprehensive overhaul

5 Significant staffing changes since 2015 Uptick in development brings new tank discoveries Success in implementing 2015 single wall UST closure deadline

6 Successful compliance strategy 3.7% (55) regulated facilities remain Tanks in temporary closure, redtagged, or heating oil tanks 571 sites w/closures since Jan % (36) of closures resulted in new LUST sites

7 Significant staffing changes since 2015 PFASs pose challenges for landfills Organics management initiative Closed, unlined landfills *

8 Widespread use in industry, and in commercial and consumer products Possible presence in leachate and implications for leachate management Possible presence in landfill gas Potential impacts to on-site and off-site groundwater

9 Increased interest due to food waste bans in adjoining states No large scale food waste composting facilities in NH; about a half-dozen small food waste composting facilities Informational meeting held March 15, 2017 Stakeholder workgroup being identified

10 Review of the closed landfills program Largely municipally owned Help towns understand and embrace long term care responsibilities Recent gas management challenges General O&M Cap maintenance Stormwater systems maintenance Groundwater monitoring Emerging contaminant challenges PFCs and 1,4-dioxane

11 Take advantage of the expertise in the room Ask questions Learn something new Share your knowledge Stay for the reception Enjoy the day!

12 Hazardous Waste Rules: Plans for 2018 HSWA v. Non-HSWA Wendy Bonner and John Duclos Hazardous Waste Management Bureau NH Department of Environmental Services

13 Status of NH Rules HW Rules expired on 1/28/17 but remain in effect Readopting with revisions

14 Proposed Revisions Adopt federal requirements: Land Disposal Restrictions (LDR) HW Listings

15 Rulemaking Schedule Final Proposals to OLS: June 2, 2017 JLCAR Hearing: June 16, 2017

16 Plans for 2018 Update existing rules for Used Oil recycling Adopt e-manifest regulations

17 Update Used Oil Rules Align existing rules with 40 CFR 279 Seek stakeholder input

18 Adopt e-manifest regulations Final User Fee Rule: Dec 2017 System in operation: June 2018

19 Future Plans Permitting (Env-Hw 300) EPA Pharmaceuticals Rule EPA Generator Improvements Rule New priorities

20 Summary Current Status: Final Proposals JLCAR in June In 2018: Used Oil rules e - Manifest Permitting Beyond: Pharmaceuticals Generator Improvements New priorities

21 When do federal regulations affect NH businesses?

22 Depends on Statutory Authority: RCRA (i.e., Non-HSWA) v. HSWA

23 Resource Conservation and Recovery Act (RCRA) 1976

24 RCRA Authority State-lead program Authorization of state programs in lieu of EPA EPA inspects under and enforces state s authorized rule New RCRA (i.e., non-hswa) regulations are not enforceable by EPA until state adopts and is authorized

25 Hazardous and Solid Waste Amendments of 1984 (HSWA)

26 HSWA Authority Dual state/federal regulatory program New HSWA regulations are immediately enforceable by EPA in all states Once authorized, state program operates in lieu of EPA EPA inspects under and enforces state s authorized rule

27 Statutory Authority Explained in Federal Register Notice

28 Statutory Authority 40 CFR Requirements for Authorization of State HW Programs Table 1 Regulations Implementing HSWA Table 2 Self-Implementing Provisions of HSWA

29 When is compliance required? State Rules: Always Always Always

30 When is compliance required? RCRA (non-hswa): Only after state adoption e.g., Generator Improvements, Pharmaceuticals

31 When is compliance required? HSWA: Always e.g., LDR, Air Emissions (AA,BB,CC)

32 Summary Check the Federal Register RCRA (Non-HSWA) Not in effect in NH until NH adopts rules HSWA Automatically in effect in NH

33 Questions? For more information, contact: Wendy Bonner, Regulatory Manager John Duclos, Administrator

34 MtBE Settlement Funds and GW and DW Trust Fund Update NH Waste & Contaminated Sites Conference May 24, 2017 Gary Lynn, P.E., MtBE Remediation Bureau Administrator

35 Remember MtBE? Gasoline Additive Gasoline octane booster from 1979 thru 2006 Oxygenate for Reformulated Gasoline Program (Up to 11% by volume of gas from 1995 thru 1997 and up to 15% from 1998 to 2006) State MtBE litigation settled in 2013, cleanup funding obtained

36 MtBE Related Mitigation Efforts Remediation 6,550 petroleum sites closed, contaminant source reduction at 100 s more Gasoline/MtBE Release Prevention MtBE banned since 1/1/2007 Double walled tanks/piping (Dec deadline) 19,909 tanks removed to date Motor Vehicle Recycling Facility release initiatives Greenyards, MVRF assistance program Risk Reduction POEs, water lines extensions

37 MtBE Prevalence Trends USGS Random Well Sampling Study 26.7% detection frequency in 2005, 10.3% in the same wells in 2015 DES MtBERB Sampling Program Detections 5,474 drinking water samples collected (2014 to present) and 873 new MtBE detections, 18% MtBE detection rate in MtBE targeted districts 10% MtBE detection rate in districts w/o MtBE bias Public Water Supply Detections Down

38 SIGNIFICANT FACTORS IN 2005 STUDY Private Wells < 0.20 < MtBE strongly correlated with: 1. RFG counties 2. Population Density housing density road density distance to roads 3. Geology Berwick Formation RFG counties Ayotte and others, 2008

39 DISTRIBUTION OF MTBE CONCENTRATIONS Majority <1 µg/l in 2015 Lower concentrations and 10.3% overall detection rate in 2015 vs. 26.7% in Flanagan, et. al., 2017

40 # of MtBE detects in New Hampshire PWS MtBE Banned in NH # detects

41 Remaining MtBE Issues High Priority Sites w/ Drinking Water Well Impacts Other Active Sites Future Threats Old gasoline in tanks & at salvage yards Undiscovered Sites Pre-1990 tank pulls Unreported spills and releases, etc

42 Priority Sites = Infrastructure Projects Completed: Little Falls Cooperative MHP, 30 homes connected Waterhouse/Windham, 5 connections for 7 properties connected, 24 unit connection pending Salem, water main in, 5 businesses connecting In Process: Under construction: $5 million (Derry & Dover) 2 design phase (Epsom, Atkinson) 6 feasibility study phase (Plaistow, Lee, Epping, 2 in Swanzey, Mountain Lakes) plus SNHPC regional water initiative

43 Other Active Sites = Remediation Richmond Dover

44 Undiscovered Sites - Water Supply Sampling 129 Communities 5,474 VOCs samples 873 MtBE Detections 2,396 PFC Samples 767 standard, 345 radiological, 100 metals, 267 other (radon, arsenic, etc)

45 Release Prevention - USTs Country Store Alley Underwater Tanks in water table, petroleum release

46 MVRF Assistance Integrated Spill Prevention, Investigation and Cleanup 12 Completed salvage yard cleanups Prevention of additional gasoline releases Gasoline transfer spill reduction equipment 80 of 118 active yards (68%) Spill containment concrete pad projects 34 yards (29% of active yards) Investigation and cleanup integrated into concrete pad installation. 23 underway, 11 complete. Accepting additional applications for assistance.

47 Equipment & Concrete Pad Projects

48 Finished Concrete Pad

49 MtBE Litigation Funds 2003 State MtBE litigation resulted in two funds Settlement Funds Governed by court orders with multiple defendants $81.6 M apportioned to MtBE cleanup, $63 M remains Groundwater and Drinking Water Trust Fund Funds from ExxonMobil Trial (2013) $276,455,445 deposited 6/1/2016 in interest bearing GW and DW Trust Fund account Use of funds controlled by RSA 485-F (SB 380)

50 Present Status Trust Fund Status Advisory Commission Established First Meeting Held - Chair Elected (Senator Morse) See Senate website for future meeting info 2016/2017 Session Legislation HB2 Trust Fund to pay for SAG, did not pass HB431 SB 57 Amends RSA 485-F, establishes Seacoast Commission on Drinking Water Passed House, Senate Amended, House concurred $5 million loan for TCI to address PFC contamination Bill amended to use general funds for SAG

51 Contact Info Gary Lynn, P.E. Office: Mail: New Hampshire Department of Environmental Services 29 Hazen Drive Concord, NH 03304