North Carolina Hazardous Waste Updates Hazardous... · • Use a hazardous waste manifest and...

North Carolina Hazardous Waste Updates

Jenny Patterson

Environmental Program Consultant

Hazardous Waste Section

Division of Waste Management

[email protected]

336-767-0031

What will be covered?

• New and Proposed Rules and Updates

- Hazardous Waste Generator Improvements Rule

- Electronic notification using RCRAInfo

- E-manifest

- Hazardous Waste Pharmaceutical Management Standards

- Adding Aerosol Cans to Universal Waste Regulations

• Hazardous Waste Information Resources

• Common Violations

Disclaimer

• This presentation was created to be an overview and is not

all inclusive of all of the hazardous waste rules and

requirements. This presentation should only be used as

guidance.

https://files.nc.gov/ncdeq/Waste+Management/DWM/HW/Compliance/Compliance_Map_by_Inspector.pdf

Hazardous Waste Generator Improvements Rule


Regulation Overview:

• Effective on federal level on May 30, 2017

• Effective in North Carolina on March 1, 2018

• Promulgated over 60 revisions and new provisions to the hazardous

waste generator regulatory program in RCRA and consolidates rules

into 40 CFR 262

• Affects all hazardous waste generators in NC in some way

Where is the Hazardous Waste Generator Improvements Rule in Effect?

9

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 X

Emergency Arrangements X X

Closure Notification X

Closure as Landfill if Cannot Clean Close X

BR Reporting by Recyclers Who Do Not Store

X

Major Impacts of Final Rule by Generator Category

*Optional Provisions

Reorganization of Generator Rules

Provision Previous Citation (40 CFR) New Citation (40 CFR)

Generator Category Determination 261.5(c)−(e) 262.13

CESQG (VSQG) Provisions 261.5(a), (b), (f)−(g) 262.14

Satellite Accumulation Area Provisions

262.34(c) 262.15

SQG Provisions 262.34(d)−(f) 262.16

LQG Provisions 262.34(a), (b), (g)−(i), (m) 262.17

Episodic Events None Subpart L,262.230-234

Preparedness, Prevention, and Emergency Procedures for LQG

265.30-56 Subpart M, 262.250-265

As part of this reorganization, EPA made conforming changes to citations

that reference 40 CFR 261.5 and 40 CFR 262.34

11

Federal Rule and more information (FAQs, history):https://www.epa.gov/hwgenerators/final-rule-hazardous-waste-generator-improvements

State Rules incorporating the Federal Rules by Reference

15A NCAC 13A – Hazardous Waste Management Rules:http://reports.oah.state.nc.us/ncac/title%2015a%20-

%20environmental%20quality/chapter%2013%20-

%20solid%20waste%20management/subchapter%20a/subchapter%20a%20rules.pdf


https://www.epa.gov/hwgenerators/final-rule-hazardous-waste-generator-improvements

http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 13 - solid waste management/subchapter a/subchapter a rules.pdf

12

NC Hazardous Waste Section Guidance Documents:

https://deq.nc.gov/about/divisions/waste-management/hw/technical-assistance-education-guidance/documents

"Hazardous Waste Generator Improvements Rule"


https://deq.nc.gov/about/divisions/waste-management/hw/technical-assistance-education-guidance/documents

Episodic Generation40 CFR 262 Subpart L

Allows SQG and VSQGs to maintain their generator category 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:

- At least 30 calendar days prior to initiating a planned episodic event (electronically

using myRCRAid) or

- Within 72 hours after an unplanned episodic event (by phone, fax, email, and then

provide notification electronically using myRCRAid by the end to the event)

• Episodic event must be initiated and completed within 60 days


• Generator (including VSQGs) must obtain an EPA ID number if they do not

have one already

• Pay the fee associated with the amount of hazardous waste generated per

N.C.G.S. 130A-294.1

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


Requirements for VSQGs:

• Obtain a RCRA identification number (if the site does not have one already)

• 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


Notification for SQG and LQG40 CFR 262.18

• Requires re-notification (8700-12) for SQGs and LQGs;

- SQGs every four years starting in 2021

▪ Must be submitted to the Hazardous Waste Section by September 1 of each year the re-notification is required

- LQGs by March 1 of each even numbered year (can use biennial report to notify)

RCRAInfo Industry Applications

RCRAInfo Industry Application

• Now facilities request EPA ID numbers and update facility information

electronically in EPA's RCRAInfo database instead of submitting a hard copy

(EPA 8700-12 Form) to the HWS for entry in RCRAInfo

- The only exception is a facility that submitting a RCRA Part A

Application/Revision.

- They must still submit a hard copy (EPA 8700-23 Form) to the HWS

Permit Writer in lieu of entering this information directly into RCRAInfo.


• Link to a tutorial about registering for RCRAInfo Industry Application:

https://files.nc.gov/ncdeq/Waste%20Management/DWM/HW/

Electronic%20Filing%20of%20EPA%20Notifications.pdf

Questions about RCRAInfo Industry Applications?

Contact: Melodi Deaver 919-707-8204

[email protected]

RCRAInfo Industry Applications

RCRAInfo has three "industry applications" available to allow

electronic submittal of the following three RCRA forms:

EPA Form RCRAInfo Industry App Status

Site Identification Form

(EPA Form 8700-12)MyRCRAid

Now available and in use in North

Carolina

Biennial Report

(EPA Form 8700-13 A/B)Biennial Report

This will be used in North Carolina for

the 2019 Biennial Report

Hazardous Waste Manifest

(EPA form 8700-22)e-Manifest

Available as of June 30, 2018 and

currently in use in North Carolina

Industry Application User PermissionsCurrently, RCRAInfo Industry Application allows for the following user permissions:

Level of Permission Definition

NoneThe user has no permissions for these sites within the module

specified.

ViewerThe user can view the data for these sites within the module specified

but cannot change the information in any manner.

Preparer

The user can view and enter data for these sites within the module

specified but cannot sign and submit the information to the regulatory

authority.

Certifier

The user can view, prepare, sign and submit the information for these

sites to the regulatory authority. This user is required to obtain an

Electronic Signature Agreement.

Site Manager

The user can view, prepare, sign and submit information as well as

register other users at their facility and submit data for any industry

application module (myRCRAid, Biennial Report, and e-Manifest). This

user is required to obtain an Electronic Signature Agreement.

How to sign up for RCRAInfo Industry Application

Current Process:

https://rcrainfo.epa.gov/rcrainfoprod/action/secured/login

Start at the RCRAInfo website link:

Registering for RCRAInfo Industry Application – Step 1

STEP 1: Request and Account

Registering for RCRAInfo Industry Application – Step 2

STEP 2: Select User Type


• Link to a tutorial about registering for RCRAInfo Industry Application:

https://files.nc.gov/ncdeq/Waste%20Management/DWM/HW/

Electronic%20Filing%20of%20EPA%20Notifications.pdf

Questions about RCRAInfo Industry Applications?

Contact: Melodi Deaver 919-707-8204

[email protected]

Electronic Manifest System (e-Manifest)

28

• National system for electronically tracking hazardous waste shipments

• Centralized repository for paper and electronic manifests

• Accessed through EPA RCRAInfo Database V6

• e-Manifest system launched nationwide June 30, 2018

• Question: When will this be effective in NC?

Answer: June 30, 2018

What is the e-Manifest System?

30

• All Receiving Facilities that receive:

- Waste that must be manifested under federal law

- "State-only regulated": manifested under the law of the generator state or

receiving state

- Regulated PCB waste shipped on a manifest

- Imports of hazardous waste shipped to U.S. facilities

Must submit those manifests to EPA either in paper form or electronically

• Receiving Facilities must register for e-Manifest, and submit manifests but still

have the option on how the manifests are submitted.

• EPA charges Receiving Facilities an associated fee for each manifest submission

e-Manifest Key Points for Receiving Facilities

Hazardous Waste Manifest Types

• Electronic (created in e-Manifest and electronically signed by all entities

listed on the manifest)

– This is the EPA goal, but practical issues remain (for example DOT still

requires hard copy in vehicle)

• Hybrid (generator creates/signs paper manifest, transferred to e-manifest

by transporter, then submitted electronically)

• Paper (generator, transporter, and receiving facility all sign on paper)

31

• Receiving facilities have a variety of options for submitting manifests to EPA, including:

- Submitting manifests directly in the e-Manifest system (i.e., fully electronic and

hybrid manifest)

- Uploading manifest data from an industry system (manifest data + scanned image

from an industry system)

- Submitting a PDF scanned copy of a manifest

- Mailing in a hard copy manifest

• Generators and transporters do not have to submit manifests to EPA. Only

the Receiving Facilities must submit the manifests to EPA.

Hazardous Waste Manifests Options

33

Manifest Fees by Manifest Type

June 30, 2018 through September 30, 2019

Manifest Submission Type Cost per Manifest

Paper Manifest Types

Mailed Paper $15.00

Image Uploads $10.00

Data File Uploads $6.50

Electronic Manifests

(includes hybrid)Electronic $5.00

e-Manifest Fee Schedule

34

• Handlers are required to register for e-Manifest (through RCRAInfo Industry

Application) if they wish to create manifests electronically and to make

corrections to electronic manifests

• Generators/transporters have the option to create and sign e-manifests, but

once they start an e-manifest, it must remain electronic

- Use of e-Manifest is still optional, but if the Generator starts the manifest

electronically, the transporter must continue manifest electronically

- Paper copies may still be used, if the manifest starts as a paper manifest by the

Generator

e-Manifest Key Points for Generators & Transporters

35

• Generators/transporters will not be charged a fee directly from EPA nor are

they required to send manifests to EPA

- They may be charged an indirect fee from the Receiving Facility

• Broker is able to originate manifests for generators

e-Manifest Key Points for Generators & Transporters

• The e-Manifest Act is "paper-tolerant", with users electing to use paper or

electronic

• The e-Manifest Act requires that EPA’s regulations facilitate the transition to

electronic manifests

• "Phase I" approach and hybrid manifest are examples of initial transition

strategy

• Final rule adopts 3-year phase-out of mailed paper submissions by

Receiving Facilities

• Goal: Elimination of all paper manifest use in 5 years

Phase Out of Paper Manifests

37

• Does not address DOT requirements

- DOT still requires paper copy in vehicle (even if manifest originated

electronically)

• E-Manifest does not create or manage:

- Labels,

- Land Disposal Restrictions,

- Bills of Lading, or

- BR report data

e-Manifest Issues

Changes to the Paper Manifest

38

6-Copy Manifest (old) 5-Copy Manifest (new)

Page 1 (top copy): Designated

facility to destination StatePage 1 (top copy): Designated

Facility to e-Manifest

Page 2: Designated facility to

generator State


generator


generator

Page 4: Designated facility’s

copy

Page 3: Designated facility’s

copy

Page 5: Transporter’s copy Page 4: Transporter’s copy

Page 6 (bottom copy):

Generator’s initial copy

Page 5 (bottom copy):

Generator’s initial copy

39

• Visit the EPA program web site:

https://www.epa.gov/e-manifest

• View the e-Manifest Frequently Asked Questions:

https://www.epa.gov/e-manifest/learn-about-hazardous-waste-electronic-

manifest-system-e-manifest#fqs

• Submit input/questions to EPA about E-manifest:

[email protected]

• Participate in EPA's monthly webinars:

https://www.epa.gov/e-manifest/monthly-update-hazardous-waste-

electronic-manifest-system-e-manifest

E-Manifest Contacts and Information

https://www.epa.gov/e-manifest

https://www.epa.gov/e-manifest/learn-about-hazardous-waste-electronic-manifest-system-e-manifest#fqs

mailto:[email protected]

https://www.epa.gov/e-manifest/monthly-update-hazardous-waste-electronic-manifest-system-e-manifest

40

• e-Manifest Stakeholder Fact Sheets:

https://www.epa.gov/e-manifest/fact-sheets-e-manifest-stakeholders

• To subscribe to the general program Listserv, send a blank email message to:

[email protected]

• To subscribe to the developers only Listserv send a blank message to:

[email protected]

• e-Manifest IT information:

https://github.com/USEPA/e-manifest/

E-Manifest Contacts and Information

https://www.epa.gov/e-manifest/fact-sheets-e-manifest-stakeholders



https://github.com/USEPA/e-manifest/

Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for

Nicotine Final Rule

Disclaimer

• This presentation was created to be an overview and is not

all inclusive of all of the hazardous waste rules and

requirements. This presentation should only be used as

guidance.

• Pre-publication version of the final rule (unofficial version):

https://www.epa.gov/sites/production/files/2018-12/documents/pharmaceuticals_final.pdf

• Effective on the federal level August 21, 2019

New since the BEST Conference presentation:

• The final rule is effective on the federal level on August 21, 2019

Management Standards for Hazardous Waste Pharmaceuticals

https://www.epa.gov/sites/production/files/2018-12/documents/pharmaceuticals_final.pdf

• Two parts of the Rule will be effective in NC at the same time as the federal

rule effective date (August 21, 2019)

- Amendment of the nicotine listing- This is applicable to all facilities and independent of whether the facility is a

healthcare or reverse distributor

- Prohibition on sewering of HW pharmaceuticals

• North Carolina must conduct rulemaking to adopt the other provisions of this federal Rule (this takes 9 months to 1 year after federal effective date)


Amendment to the P075 Listing for Nicotine

• The P075 listing for nicotine is being amended such that FDA-approved over-the-counter nicotine replacement therapies will no longer be included under the P075 listing for hazardous waste

• EPA has concluded that nicotine patches, gums and lozenges do not meet the regulatory criteria for acute hazardous waste

• Nicotine patches, gums and lozenges can be discarded as nonhazardous waste

≠ P075

Nicotine is still listed as P075

• Nicotine continues to be a listed, acute hazardous waste with the hazardous

waste code P075

- Other unused formulations of nicotine will still be considered P075 when

discarded, including

- E-liquids/e-juices in e-cigarettes, cartridges, or vials

- Legacy pesticides containing nicotine

- Nicotine used in research and manufacturing

= P075

• Applies to pharmaceuticals generated in a healthcare facility

- Hospitals, long term care facilities, physicians’ offices, optical and

dental providers, pharmacies, retailers of over-the-counter

medications, veterinary clinics…

• Does not apply to:

- Pharmaceutical manufacturers, reverse distributors, reverse logistics

centers

• Rules will be found in 40 CFR 266 Subpart P

- Considered to be more stringent… so not optional


• Hazardous waste pharmaceuticals must be managed under Part 266 Subpart P by:

- Healthcare facilities that generate above VSQG amounts of hazardous waste

- All reverse distributors

• Part 266 Subpart P is both waste-specific and sector-specific; it does NOT apply to the

management of

- Non-pharmaceutical hazardous waste

- Hazardous waste pharmaceuticals by facilities other than healthcare facilities and

reverse distributors

• Healthcare facilities and reverse distributors are still subject to

- Part 262 for the management of non-pharmaceutical hazardous wastes

- Part 273 for the management of universal wastes,

- Other Parts, as applicable


Categories for Hazardous Waste Pharmaceuticals

• Potentially Creditable HW Pharmaceuticals

- Unused or un-administered; and

- Unexpired or less than one year past expiration date

• Non-creditable HW Pharmaceuticals

- Hazardous waste pharmaceutical that is not expected to be eligible for manufacturer’s credit

• Evaluated HW Pharmaceuticals

- No further evaluation or verification of manufacturer credit is necessary

Non-creditable Pharmaceutical Requirements

• Facilities required notify (EPA 8700-12) they are managing waste under Subpart P

• Training: thoroughly familiar with proper waste handling and emergency procedures

• Maximum accumulation time: 1 year

Hazardous Waste Pharmaceutical Management Standards

• Container standards:

- Structurally sound, compatible with contents, no spills or leaks

- Closed and secured to prevent unauthorized access to contents

- Label: “Hazardous Waste Pharmaceuticals”

• Tracking of shipments through manifest

• Land disposal restrictions apply

• Meet DOT packing and shipping requirements


• Conditional exemption for HW pharmaceuticals that are also controlled substances (under DEA)

• "RCRA Empty" for HW pharmaceutical containers added to 40 CFR 261.7


For more information:

https://www.epa.gov/hwgenerators/final-rule-management-standards-hazardous-waste-pharmaceuticals-and-amendment-p075


Proposed Federal RegulationAdding Aerosol Cans to the Universal Waste Regulations

Adding Aerosol Cans to the Universal Waste Regulations

• Proposed Federal Rule published: March 16, 2018

• Federal Comment period open until: May 15, 2018

• Final Federal Rule anticipated Fall 2019

• Adds aerosol cans to 40 CFR 273 Universal Waste Regulations

"Aerosol can means an intact container in which gas under pressure

is used to aerate and dispense any material through a valve in the

form of a spray or foam."

Allowed Activities involving Universal Waste Aerosol Cans

• Intact container in which gas is under pressure

- May be sorted into type

- May be mixed in one container

- May remove actuators to reduce risk of release

Universal Waste Aerosol Cans must be:

• Managed in a way that prevents releases of the UW or any component

• Accumulated in a container that is structurally sound, compatible with the contents and lacks evidence of leakage, spillage, or damage

• Labeled (each aerosol can or container in which the cans are contained) with one of the following phrases:

- "Universal Waste – Aerosol Can(s)"- "Waste Aerosol Can(s)"- "Used Aerosol Can(s)"


If cans are punctured and drained:

• The empty can must be recycled

• A device must be used that is specifically designed to safely puncture cans & effectively contain the residual contents and any emissions

Puncturing and Draining Aerosol Cans

If cans are punctured and drained:

• A written procedure must be established detailing how to safely puncture & drain cans

• Ensure puncturing of cans is done in a manner designed to prevent fires and releases of any component to the environment

• Immediately transfer contents from the waste aerosol can, or puncturing device, if applicable, to a container or tank that meets the applicable requirements (for VSQG, SQG, LQG or satellite accumulation)

• Conduct a HW determination on the emptied aerosol can and its contents per 40 CFR 262.11

• Any HW generated as a result of puncturing/draining is subject to all applicable HW rules and must be managed accordingly

• A written procedure must be in place in the event of a spill or release and a spill clean-up kit must be provided

• A spill or releases of the contents must be cleaned up promptly

Puncturing and Draining Aerosol Cans

For More Information:

https://www.epa.gov/hw/increasing-recycling-adding-aerosol-cans-universal-waste-regulations


Hazardous Waste Information Resources

Hazardous Waste Section State Sectors FY19

• Never Inspected LQGs & SQGs

• Facilities with prior NOV or Compliance Order

• Universal Waste Lamps Destination Facilities

- Electrical Contractors, Property Management Maintenance

• Painting Contractors

EPA Region 4 RCRA Priorities

─ Organic Air Emissions: 264 and 265 subparts AA, BB, and CC

─ "Under-Reporters":

- Facilities that notified as VSQG/SQG

- Shipments indicate exceedance of the limits of their status

Guilford County

Total Hazardous Waste Handlers: 1,213

LQG: 63

SQG: 180

Mecklenburg County


LQG: 89

SQG: 178

Wake County


LQG: 67

SQG: 153

Total Hazardous Waste Handlers in

North Carolina: 15,943

LQG = Large Quantity Generator

SQG= Small Quantity Generator

https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=7dd59be2750b40bebebfa49fc383f688

Division of Waste Management Site Locator Tool

Hazardous Waste Section Public Documents

Link to the DWM Public Documents Database – "Laserfiche"

https://edocs.deq.nc.gov/WasteManagement/Search.aspx?cr=1

Link to DWM website for guidance on using Laserfiche:

https://deq.nc.gov/about/divisions/waste-management/waste-

management-rules-data/e-documents

https://edocs.deq.nc.gov/WasteManagement/Search.aspx?cr=1

https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/e-documents

https://www3.epa.gov/enviro/

https://echo.epa.gov/

10 Common Hazardous Waste Violations

#10

Hazardous Waste Not in Containers

# 9

Emergency Preparedness and Prevention

Emergency Preparedness and Prevention & Emergency Procedures

• Requirements now apply to HW Satellite Accumulation Areas (SAAs)

- 40 CFR 262.15(a)(7): All SAAs operated by a SQG must meet the preparedness and prevention regulations of 40 CFR 262.16(b)(8) and emergency procedures of 40 CFR 262.16(b)(9)

- 40 CFR 262.15(a)(8): All SAAs operated by a LQG must meet the Preparedness, Prevention and Emergency Procedures in 40 CFR 262 Subpart M

• 40 CFR 262 Subpart M applicability for LQGs includes areas where hazardous waste is generated and accumulated (both satellite and central accumulation areas)

Quick Reference Guide for LQGs

• Types/names of hazardous wastes (HW) in layman’s terms & associated hazard of each HW present at any

one time;

• Estimated maximum amount of each HW that may be present at any one time;

• 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

• 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

# 8

Documentation

Documentation

• LQG:

• Documentation of annual RCRA training

• LQG contingency plan submittal

• LQG and SQG:

• Arrangements with local emergency authorities

• Weekly inspections of hazardous waste storage area(s)

• Waste determinations (40 CFR 262.11)

• Claims that materials are not solid waste or are conditionally exempt (40 CFR 261.2(f))

# 7

Used Oil

# 6

Waste Determination

# 5

Aisle Space

# 4

Time Frames

Time Frames

• Weekly inspections = every 7 days

• Annual RCRA training = 365 days

• Manifests back to generator

- LQG: after 35 days contact transporter/TSD

after 45 days file exception report

- SQG: after 60 days file "exception report"

RCRA Training

• Today’s training may meet only part of your annual RCRA training

- 40 CFR 262.17(a)(7) - training…must include instruction which

teaches facility personnel hazardous waste management procedures

(including contingency plan implementation)

- Training must include site specific components

# 3

Used Lamps

# 2

Labeling

The applicable hazardous waste characteristic (i.e., ignitable, corrosive, reactive, toxic):

Examples of Labels that indicate the "Hazards"

Hazard communication consistent with DOT (49 CFR part 172 Subpart E – Labeling or Subpart F – Placarding)


Hazard statement or pictogram consistent with OSHA (29 CFR 1910.1200)


Chemical hazard label consistent with the National Fire Protection Association code 704


Multiple HazardsIndication of ALL hazards of the contents

# 1

Open Containers

Questions?

Jenny Patterson

Environmental Program Consultant

Hazardous Waste Section

Division of Waste Management

[email protected]

336-767-0031

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