A Look Back at the First Year of No Stricter Than Implementation. Kathy S. Flippin Hazardous Waste Program

Transcription

1 A Look Back at the First Year of No Stricter Than Implementation Kathy S. Flippin Hazardous Waste Program REGFORM Hazardous Waste Seminar Oct. 18, 2016

2 About the Changes Primarily involving chapters 3, 4, 5 and 7 of Missouri hazardous waste regulations Based on new no-stricter than federal regulations law Section RSMo Effective date Dec. 30, 2015 Eliminated most Missouri specific waste codes and operational requirements Added options for container labeling and satellite accumulation management

3 And More Changes Updated to adopt Code of Federal Regulations to July 1, 2013 Picked up solvent wipes and electronic manifest rules

4 For More Info on Changes Hazardous Waste Program Regulation Update dnr.mo.gov/env/hwp/e nf/documents/regulat ionupdatenewsletter. pdf

5 What Has It Been Like?

6 First, the Regulations Work with stakeholders Redline version Orders of Rulemaking Missouri Register publication Responses to comments Final publication

7 Change Is Ongoing

8 Program Staff Tasks Newsletter Extra training Webinars and FAQ follow up Updating inspection checklists Updating fact sheets Extra questions, extra research Increased consultation with EPA

9 Inspector Comments More compliance assistance given Generators with no compliance staff need more guidance Fewer problems at facilities with compliance staff Many are unaware of the changes doing what they always did

10 Container Labeling Options

11 Container Marking and Labeling Words Hazardous Waste and Accumulation Start Date PLUS: Option A US DOT labels OR Option B One or more of words ignitable, toxic, corrosive, reactive Label white with black lettering or black with white lettering Letters one inch height minimum

12 Inspector Labeling Findings Most generators still using Department of Transportation (DOT) labeling Label required for shipment anyway Very few using alternative Option B for marking and labeling

13 Satellite Accumulation (SA) Options

14 Federal SA Option Overview Allows up to 55 gallons total of all waste streams in an SA area, but multiple containers of each waste stream No notification to the state No beginning date of accumulation required No one-year SA time limit

15 State SA Option Overview Allows up to 55 gallons of each waste stream, but only one container per waste stream in an area if: Generator has notified state of Missouri option choice and re-notifies of decision change Each container is marked with its beginning date of satellite storage Container stored in SA is moved within three calendar days of reaching the one-year time limit, or if the container is full, or upon reaching the container volume limit

16 Inspector SA Comments Many facilities never understood the rule before rule change so same violations as before Most do not know the default is to federal if notification is not sent

17 Inspector SA Comments (cont.) Those generating smaller amounts do not have to ship off partial drum if following federal option Much compliance assistance on this point

18 Inspector SA Comments (cont.) Inspectors providing comparison handout that was mailed to all generators dnr.mo.gov/pubs/docs /pub2215satelliteacc umulationattachment. pdf Most following federal option no problem meeting requirements State option those that generate several waste streams in a single area are using this

19 Empty Daily Container Guidance These are satellite containers and must meet requirements (both options). MO option One container per SA per waste stream (so may not empty into another satellite container in the area). Can empty into a storage area container at end of day. Federal option Allows multiple containers per waste stream and does not prohibit transferring from one container to another within the same SA.

20 More Inspector Findings Though secondary containment not required, generators want to show concrete berms and secondary containment pallets Good faith efforts demonstration

21 More Inspector Findings (cont.) Exception reports Sometimes small quantity generators (SQGs) not getting final copy of manifest back Not following up with transporter Large quantity generators (LQGs) do not seem to have the same issue

22 Daily Inspection Comments No longer required for in-use storage areas subject to spills (loading and unloading, or to remedy deterioration.). At least two instances where daily inspections would have been cited due to spills. Addressed spillage as failure to operate and maintain the facility to minimize the possibility of a fire, explosion or.release

23 Are more violations or more serious violations occurring than before Dec. 30, 2015?

24 Solvent Wipes Frequent Question Question: Are laundered mops and personal protective equipment covered under the conditional exclusions of the solvent wipes rule? Answer: No. Federal Register notes nothing besides wipes described in rule are included as other items had not been evaluated for safety.

25 Solvent Wipes Confusing to industry used to using laundry service Companies relying heavily on laundering services Most not aware of the new rule Many throw rags in trash without waste determination and/or complying with exclusion

26 50 Feet From Property Line LQGs and treatment, storage and disposal facilities may not store ignitable and reactive wastes < 50 feet from the property line unless following certain additional fire safety requirements No longer applicable to all generators (i.e., not to conditionally exempt or SQGs) Note: SQGs may not store more than 6,000 kg without first obtaining a storage permit and meet all hazardous waste storage requirements

27 Inspector Tank Labeling Findings None to date NFPA 704: Standard System for the Identification of the Hazards of Materials for Emergency Response

28 How Is NFPA Displayed? - Diamond" square, on point shape identifying the hazards of a material and the degree of severity of the health, flammability and instability hazards - Hazard severity is indicated by a numerical rating that ranges from zero = minimal hazard, to four = severe hazard

29 Checklist Changes Removed no longer applicable regulations Completed and posted both LQG and SQG checklists Added all regulations as much as possible Added full text of regulations as much as possible Added alternatives

30 Checklist Goals Recognition of requirements Consistency Multiple uses

31 Emergency Preparedness Based on types of waste handled and potential need for services, owner or operator has attempted to make arrangements with police, fire department and emergency response teams to familiarize them with the layout of facility, properties of waste handled, associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility and possible evacuation routes

32 Multiple Responder Rule Where more than one police and fire department might respond to an emergency, owner or operator has attempted to make arrangements designating primary emergency authority to a specific police and a specific fire department and agreements are in place with any others to provide support to the primary emergency authority

33 Other Responder Arrangements The owner or operator has attempted to make agreements with state emergency response teams, emergency response contractors and equipment suppliers

34 Medical Service Arrangements The owner or operator has attempted to make arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and types of injuries and illnesses that could result from fires, explosions or releases at the facility

35 Inspector Comments on Emergency Preparedness Generators seem confused about who they need to notify and make arrangements with and why Specific federal guidance absent Generators feel beaten up about getting multiple violations when formerly just two Rare not to cite at least one violation

36 Enforcement Discretion Inspectors have not been issuing notices of violation solely on new container, satellite accumulation and most solvent wipe regulations They note in reports and request correction Dec. 30, 2016, is anticipated end of discretionary period

37 Compliance Encouragement Inspectors and enforcement staff welcome questions and requests for guidance With new regulations, we are all learning We anticipate posting more answers to questions and will continue to update checklists, factsheets and the rules webpage

38 More information resources dnr.mo.gov/env/hwp/enf/ruleupdate.htm Background New and updated info Webinars

39 Thank you! Questions? Contact Kathy Flippin