Workshop S. Turning Trash to Treasure: Waste Management Strategies for Compliance and Profit. Tuesday, March 27, :30 p.m. to 4:45 p.m.

Transcription

1 Workshop S Turning Trash to Treasure: Waste Management Strategies for Compliance and Profit Tuesday, March 27, :30 p.m. to 4:45 p.m.

2 Biographical Information Jonah Simons, Environmental Supervisor, Nucor Steel Marion, Inc. 912 Cheney Avenue, Marion, OH Mr. Simons is the Environmental Supervisor at Nucor Steel Marion, Inc. He is experienced in environmental compliance, both as a consultant and on-site environmental professional for the largest steel producer and recycler in the United States. Jonah is responsible for all aspects of compliance at the mill in Marion, OH, including air pollution control, water treatment operations, radiation safety, hazardous waste handling/disposal, and permitting. He is also engaged in researching and implementing cost saving measures for energy consumption, water usage, and waste disposal/recycling. Jonah has a BS in environmental studies from Ohio Northern University. Bennett Thayer, CHMM, Office Manager, August Mack Environmental, Inc North Central Drive, Lewis Center, OH bthayer@augustmack.com Mr. Thayer is the Office Manager for August Mack Environmental, Inc. s Lewis Center, Ohio office. He has over 14 years of experience in helping industrial and municipal facilities with their safety and environmental compliance obligations. Bennett is experienced in auditing, permitting, regulatory negotiations, chemical management, EH&S training, Storm Water Pollution Prevention Plans (SWPPP), Clean Air Act (CAA), Spill Prevention Control and Countermeasure (SPCC) Plans, Resource Conservation and Recovery Act (RCRA), and National Pollutant Discharge Elimination System (NPDES) requirements. He has also done work in the areas of hydro-geologic site assessments, Underground Storage Tank (UST) closures, industrial hygiene, asbestos/mold, and real estate due diligence investigations (Phase I/II). He is a Certified Hazardous Material Manager (CHMM) through the Institute of Hazardous Materials Management, is the Secretary for the Air and Waste Management Association Southwest Ohio Chapter, and is a Central Ohio Hazardous Materials Manager s board member. Michael J. Gray, Attorney, Dinsmore & Shohl LLP 255 East Fifth Street, Suite 1900, Cincinnati, OH michael.gray@dinsmore.com Mr. Gray is an attorney at Dinsmore & Shohl LLP who represents a wide range of clients in a number of diverse matters involving environmental law, environmental litigation, mass tort litigation, toxic tort litigation, regulatory compliance, and product stewardship. Mr. Gray uses his considerable technical and engineering experience to assist clients faced with emerging legal issues. Particularly, he is motivated to help businesses find innovative solutions to environmental legal problems. He has considerable experience with TSCA, CERCLA, CPSIA, the Lacey Act, Dodd-Frank's Conflict Mineral rules, REACH, and California Prop. 65. He is Assistant Editor of the Dinsmore & Shohl Air Quality Letter. Mr. Gray is a veteran of the US Air Force where he served as a civil engineer in locations such as Alaska and Iraq. He earned a MS in engineering from the Air Force Institute of Technology and a JD from Notre Dame Law School.

3 Turning Trash into Treasure Waste Management Strategies for Compliance and Profit

4 Jonah Simons Nucor Steel Bennett Thayer August Mack Environmental Michael J. Gray Dinsmore & Shohl LLP 3

5 Waste Handling A Generators Perspective 4

6 Waste Characterization What kind of solid waste are you dealing with? Non-Hazardous Hazardous Universal 5

7 Waste Characterization Sampling What to sample for? Collection Check listed hazardous wastes SDS or product specification of raw material(s) Generator knowledge Ask your TSDF representative! Follow U.S. EPA 40 CFR (c) guidelines Basically samples need to be representative of the whole Ask the lab about preservation and container requirements 6

8 Waste Characterization Analytical Not all labs are created equal! Make sure they meet the certification requirements for your TSDF Ask about: Turn Around Time (TAT) Cost Sample Shipment Lab Fees 7

9 Waste Characterization Hazardous Waste Determination Generators are required to determine if a waste is hazardous (40 CFR ) Documentation must be kept at least three years from last shipment Test, sampling, waste analysis, etc. Process generating waste Composition and properties Inspectors will ask to see this! 8

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12 Disposal Choosing a TSDF Just like labs, not all TSDF s are created equal! Don t hesitate to shop-around and negotiate price Consider transportation Local/county fees can be a killer!! If it seems to good to be true, it might be Go check out the facility! 11

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14 Manifesting Training Who can sign? DOT Hazardous Materials Training Large Quantity Generator RCRA Training Track Training Excel Spreadsheet Essential Suite Software Other management system software 13

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16 Manifesting Tracking Hazardous Waste Shipments Generator required to contact TSDF if signed manifest not returned within 35 days That means you need to track shipments! Also makes TRI and Hazardous Waste Reporting simple 15

17 Hazardous Waste Tracking 16

18 Non-Hazardous Waste Tracking 17

19 Recycling Your trash might be someone else s treasure Nucor Marion Recycling K061 Annual: 10,000,000 lbs Mill Scale Annual: 14,000,000 lbs Used Refractory: +/- 3,000,000 lbs Coming soon Drop Out Box Material 18

20 Recycling Your trash might be someone else s treasure Where do you start? Talk to other industry professionals Get involved with trade associations Local/State organizations Ohio Materials Marketplace 19

21 Resource Conservation and Recovery Act (RCRA) 20

22 Agenda RCRA Overview Identification of Hazardous Waste Generator Categories Compliance Implementation and Monitoring Generator Improvements Rule Overview Compliance Dates Major Changes FAQs and Take Aways 21

23 RCRA Overview Resource Conservation and Recovery Act Passed in 1976 directing the EPA to develop/ implement a program to protect human health and our environment from improper management of wastes. Sets cradle to grave management standards Additional Regulations Apply Department of Transportation (DOT) Regulation of hazardous waste transportation Department of Homeland Security (DHS) Regulation of chemicals that represent a security threat. 22

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25 Definition - Solid Waste Discarded material that is: Abandoned by being disposed of or burned; or Recycled by being applied to or placed on the land in a manner constituting disposal, burned to recover energy, used to produce a fuel or contained in fuels, reclaimed or accumulated speculatively. Considered inherently waste-like, as explained in paragraph. Reserved. A military munition. 24

26 Definition - Solid Waste Solid Wastes include: Garbage Refuse Sludge Solid Liquid Semisolid Contained gaseous material 25

27 Exclusions Waste which are not solid wastes 40 CFR section 261.4(a) Domestic Sewage Point Sources Discharges Excluded Scrap Metal Solid wastes excluded from regulation 40 CFR section 261.4(b) Petroleum Contaminated Media & Debris from Underground Storage Tanks Used Oil Filters 26

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29 Characterization Hazardous It is not specifically excluded; It is explicitly listed (F, P, K, U lists); or It exhibits hazardous characteristics based on standardized test procedures. Non-Hazardous Materials Subject to Alternative Regulations Used Oil Universal Wastes 28

30 Characterization Listed wastes F List Hazardous waste from non-specific sources (Example: spent solvents, F001 F005). K List Hazardous wastes from specific sources (Example: Spent pickle liquor from the steel industry). P List Acutely toxic discarded commercial chemical products or manufacturing chemical intermediates (Example: Unused hydrofluoric acid to be discarded). U List Discarded commercial chemical products or manufacturing intermediates. 29

31 Characterization Characteristic Wastes Ignitable D001: Liquids with flash point <140ºF, non-liquids capable of spontaneous or sustained combustion, ignitable compressed gas or oxidizer. Corrosive D002: Aqueous material with ph <2 or >12.5 or liquids that corrode steel at a faster than ¼ at 130ºF. Reactive D003: Normally unstable, reacts violently or forms explosive mixture/toxic fumes with water, detonates or explodes under normal conditions, etc. Toxic D004-D043: Toxic above action level 30

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33 Generator Categories Conditionally Exempt Small Quantity Generator IN ANY MONTH, generates < 220 lbs./month (if acute, < 2.2 lbs./month) Stores < 2,200 lbs. (if acute, <2.2 lbs.) Small Quantity Generator IN ANY MONTH, generates between 220 & 2,200 lbs./month (if acute, < 2.2 lbs./month) Stores up to 13,200 pounds (if acute, < 2.2 lbs.) Large Quantity Generator IN ANY MONTH, generates > 2,200 lbs. (if acute, > 2.2 lbs./month) Stores > 13,200 lbs. (if acute, > 2.2 lbs.) 32

34 Generator Requirements Waste Characterization and RCRA ID All wastes must be characterized Manifesting Maintain records for 3 years Training Don t forget about DOT Inspections Weekly Storage Area Inspections Daily/Bi-monthly/Annual for tanks 33

35 Generator Requirements Reporting Biennial for LQGs Container Standards Satellite Accumulation Areas 90/180/270 day Accumulation Areas Storage Area Standards Containment, Security, Emergency Contingency Planning Written Plan required for LQGs 34

36 Hazardous Waste Generator Improvements Final Rule 35

37 Compliance Dates Signed October 28, 2016 Published November 28, 2016 Effective Date May 30, 2017 Iowa, Alaska, Territories, Tribal Lands Authorized States required to pick up the more stringent rules by July 1, 2018 May elect to pick up less stringent rules July 1, 2019 if change to state law is required 36

38 Provisions of the Final Rule Small Quantity Generators Large Quantity Generators Conditions for exemption Conditions for exemption Waste Identification Waste Identification Counting Counting Marking and labeling Marking and labeling Emergency response Emergency response Drip pads and containment Biennial Reporting buildings Closure SQG re-notification VSQG consolidation Episodic Generation 50 foot waiver 37

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40 Episodic Generation Will not result in a change to generator category determination provided that: One event per calendar year with ability to petition for second event If first event is planned, the petition for a 2nd event must be for an unplanned event or vice versa Notify EPA or state at least 30 days prior to initiating a planned episodic event Notify EPA or state within 72 hours after an unplanned event Conclude the episodic event within 60 days, including getting the episodic waste off-site 39

41 Container Labeling Markings now consistent for all storage areas (SAA and Central Accumulation Area) Hazards must be identified DOT hazard communication, OSHA hazard statement or pictogram, NFPA chemical hazard label, or RCRA characteristic can be used RCRA waste codes are not sufficient to ID the hazard, the characteristic must we written RCRA waste codes must be listed prior to shipment Containers themselves must be marked. Signage at the storage area is not sufficient. 40

42 SQG Re-Notification Require SQGs to re-notify every 4 years unless states have more frequent re-notification requirements Electronic reporting an option Compliance date is delayed until 2021 to give states time to update their reporting forms, etc. 41

43 Contingency Plans Quick Reference Guides Types/names of hazardous waste and associated hazards Estimated maximum amounts of hazardous wastes Hazardous wastes requiring unique/special treatment Map showing generation, accumulation, treatments Evacuation Map Location of water supply Notification systems Emergency Coordinator and7/24-hour emergency phone number(s) 42

44 Closure Requirements LQGs accumulating waste in containers that fail to clean close are now required to close as a landfill Require LQGs closing an accumulation area to place notice in their operating record within 30 days after closure identifying location of unit within facility; or meet closure performance standards and notify EPA. Increased notification requirements for facility closure (30 days prior, 90 days after) 43

45 Recycling Legal Issues 44

46 Recycling Legal Issues Sham Recycling RCRA When Recycling Becomes Manufacturing TSCA CERCLA Liability Extended Producer Liability 45

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48 Sham Recycling 47

49 What is Legitimate Recycling? The legitimacy factors Legitimate recycling must involve a hazardous secondary material that provides a useful contribution to the recycling process or to a product or intermediate of the recycling process. The recycling process must produce a valuable product or intermediate. The generator and the recycler must manage the hazardous secondary material as a valuable commodity when it is under their control. The product of the recycling process must be comparable to a legitimate product or intermediate. ( toxics along for the ride test) 40 CFR

50 When Recycling Become Manufacturing (And Why That Matters!) Under the TSCA Chemical Data Reporting (CDR) Rule, manufacturers must provide EPA with information on the production and use of chemicals in commerce in large quantities. CDR contains an exception for byproducts, but this exception is narrow. Byproducts are considered manufactured if it has a commercial purpose and that purpose is not one of a few listed exemptions. Most recycled byproducts are subject to reporting, while there is no reporting required if the byproduct is sent to a landfill. 49

51 CERCLA The Superfund Recycling Equity Act (SREA), Section 127 of CERCLA, 42 U.S.C. 9627, exempts certain persons who arranged for recycling of recyclable materials from liability Entitles recycler to costs and legal fees Could still have state law risk 50

52 Extended Producer Liability Extended producer responsibility (EPR) is a mandatory type of product stewardship that includes, at a minimum, the requirement that the manufacturer's responsibility for its product extends to post-consumer management of that product and its packaging. Product Stewardship Institute, Inc. 51

53 EPR Laws 52

54 Electronics Recycling E-Stewards v. R2 Extended Producer Liability Model manufacturer pays to take back electronics (MI) Advanced Recycling Fee Model consumer pays fee at purchase (CA) Banning Solid Waste Disposal (IN, WV) 53

55 Jonah Simons Nucor Steel Bennett Thayer August Mack Environmental Michael J. Gray Dinsmore & Shohl LLP 54