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RCRA/HAZARDOUS WASTE GENERATOR COMPLIANCE AND REPORTING UPDATE:

CHANGES TO GENERATOR RULES

John WellspringSr. Project Manager

KERAMIDA Inc.jwellspring@keramida.com

www.keramida.com

12:30 PM SessionMay 22, 2019

Indiana Chamber 2019Environmental Permitting and Reporting Conference

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• Generator Improvements Rule

• Marketing of Secondary Materials

• Management Exclusions and Alternatives

Topics to be Covered2

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Hazardous Waste Generator Improvements Federal Rule (81 FR 85732) was published on November 28, 2016 and became effective May 30, 2017 – Indiana State Adoption will occur in 2019

Contains New Terminology and Rule Clarifications Major provisions of the rule: Placing all Generator Requirements under 40 CFR 262 Requiring Documented Hazardous Waste Determination Allowing CESQG (VSQG) Waste Consolidation by LQGs Includes Episodic Generation Allowances for Small Generators Requires Hazard Marking and Labeling of Waste Containers Mandatory Re-notification Requirements for SQGs Requires Emergency Planning Quick Reference Guides Adds New LQG Accumulation Area Closure Requirements Provides Waiver Process for 50-ft LQG setback requirement

Generator Improvements Rule3

Rule Crosswalk, New 40 CFR 262

Courtesy US EPA

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Original Citation New Citation

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CESQGs VSQGs, Consolidation

Conditionally Exempt Small Quantity Generator (CESQG) status to be replaced by Very Small Quantity Generator (VSQG) status (<220 lbshazardous waste generated in a month, not more than 2200 lb stored)

VSQGs will be Allowed to ship hazardous waste without a manifest to an offsite LQG if both facilities are under common control (Subject to Authorized State Adoption) VSQGs must mark and label containers as “Hazardous Waste”Receiving LQGs have to;notify EPA/IDEM (Form 8700-12) 30 days prior to receipt of

shipment, maintain records of each shipment received, mark the date received on container, and manage the waste under all LQG requirements/reporting

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Hazardous Waste Generator Categories

Generator CategoryMaximum Monthly

Generation Rate(lbs.) *

Maximum On-site Accumulation Qty.

(lbs.)

Maximum On-site Accumulation Time

VSQG (previously CESQG)

<220 lb. Haz.<2.2 lb. Acute Haz.

<2,200 lb.No Time Limit if under 2,200 lb.

SQG<2200 lb. Haz.

<2.2 lb. Acute Haz.<13,200 lb.

180 or 270 days (distance dependent)

LQG>2200 lb. Haz.

>2.2 lb. Acute Haz.No Limit 90 days

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* Does Not include quantities of Episodic Waste that are generated and disposed in accordance with rule requirements

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Episodic Generation by Small Generators

VSQGs (<220 lb/mo) and SQGs (<2,200 lb/mo) will be allowed to maintain their generator category in the event of planned or unplanned episodic generation Generators do NOT have to count hazardous waste managed

as part of the episodic event when determining the monthly generator status

Episodic Generation is allowed once per calendar year, but generator can petition for a 2nd

2nd must be unplanned if the 1st was planned, or vice versa

Examples:

Planned: Obsolete Chemical Disposal, Planned Maintenance Unplanned: Spill/Release Clean-up, Process Contamination

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Episodic Generation Requirements

To qualify as an episodic event: Generator notifies EPA/State (Form 8700-12) within 30 days before

a planned event or within 72 hours after an unplanned event.

Initial unplanned event notice can be by phone, fax, or email with follow-up of form

VSQGs must: 1) have an EPA ID number to ship hazardous waste resulting from an episodic event; 2) Use a hazardous waste manifest to ship episodic waste; 3) Mark containers as Episodic Hazardous Waste; and, 4) Maintain event records

SQG must maintain episodic event records and meet normal SQG requirements

VSQG and SQG Generators must conclude the episodic event with 60 days, including shipment of waste off-site

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Hazardous Waste Determinations for each solid waste must be done at the point of generation before dilution, mixing, or other form of alteration of the waste.

Determination recordkeeping requirements now identified in new 40 CFR 262.11(f) - 3 year retention

Non-Hazardous Determinations are NOT required to be documented (but EPA ‘strongly encourages’ it) Inspectors can require a generator to perform a non-

hazardous waste determination during an inspection

Hazardous Waste Determinations

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Satellite Accumulation Areas (SAA) & 90/180/270-day Areas [SQGs, LQGs]

Satellite Area Containers (SQG/LQG) and LQG 90/ SQG 180/270-dayaccumulation containers and tanks must be labeled with: The words “Hazardous Waste”, and applicable waste codes An indication of the hazards associated with the contents

(i.e., the applicable hazardous waste characteristics), with: A DOT Hazard label or placard An OSHA hazard statement or pictogram, or An NFPA chemical hazard label

90 day and 180/270-day accumulation areas still require start datesand EPA waste codes on containers

SQG may accumulate Hazardous Waste on drip pads and incontainment buildings subject to Subparts W and DD of Part 265

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Example Hazardous Waste Label and Hazard Warning label

10001-110051

Re-Notification

SQGs

Beginning 2021 and every 4 years thereafter re-notify

EPA/IDEM by September 1 using Form 8700-12, unless

states require more frequent notification

LQGs

Must renotify EPA/IDEM by March 1 of each even-

numbered year but may submit the re-notification as part

of the biennial report

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Federal Biennial Reporting (LQGs)

Must submit a biennial report that identifies all of the hazardous wastes generated in the calendar year, not just the months the facility was a LQG.

LQGs must report all hazardous waste generated and managed on-site

Facilities that recycle hazardous waste and do not have a RCRA storage permit must now prepare and submit a biennial report for recycled hazardous waste

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Preparedness and Prevention (SQGs and LQGs)

Must maintain records documenting the preparedness and prevention arrangements with the local fire department as well as any other offsite organization necessary to respond to an emergency

Documentation must confirm that: Arrangements actively exist, or In cases where no arrangements exist, that attempts to

enter into such arrangements were made LQGs have to prepare a summary (quick reference guide) of

their Hazardous Waste Contingency Plan to local emergency responders the next time they amend their plan.

Pre-arrangement waivers are available for large facilities with significant internal capabilities

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Preparedness and Prevention (SQGs and LQGs)

Required Content of Quick Reference Guide Types/Names of Hazardous Wastes and associated hazardMaximum amounts of each Hazardous waste stored Identify any unique hazards present Site Waste location Maps (where generated, accumulated,

and treated) Routes of entry to and evacuation from facility Location of water supply Identify types of on-site notification systems Names and contact information for emergency coordinators

EPA encourages generators to work with local emergency authorities (LEPCs, Local fire Dept.) to provide needed info

Closing LQG 90-Day Unit & Whole Facility (LQGs)

LQGs must do the following when closing down a 90-day unit: Place a notice in your facility record within 30 days after closure

identifying the location of the unit within the facility, OR Notify EPA/IDEM within 90 days that they have complied with

the closure performance standards for the former 90-day unit Does NOT apply to Satellite Accumulation Areas!

If you are closing an LQG facility: Notify EPA/IDEM at least 30 days prior to closing the facility Notify EPA/IDEM within 90 days after closing the facility that

they have complied with the closure performance standards or if they cannot clean close

EPA will require closure as a landfill if unit fails to clean close

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Additional Rule Clarifications

Use the following to prove that a hazardous waste tank has been emptied or turned over every 90 to 180 days: Inventory logsMonitoring equipment Other records

Weekly container inspection documentation is still not specifically required (most auditors want to see written record)

New definitions for acute and non-acute hazardous waste, VSQG, SQG and LQG, (waste thresholds are unchanged)

Clarification on determination of generator status based on monthly acute and non-acute waste generation

Codifies that satellite area containers may remain temporarily open if needed for safe operation

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Effective Dates For The Changes

Federally, 6 months after promulgation (May 28, 2017)

Indiana: Scheduled to adopt by July 1, 2019

Since based on RCRA Authority, the rule becomes effective in authorized states when the state adopts equivalent state requirements in their State Implementation Plan (SIP).

Authorized states are required only to adopt more stringent requirements; Waste determinations, Hazard ID, LQG Closure requirements, Contingency Quick Ref. Guide

Less stringent requirements are: VSQG consolidation at LQG, Episodic Generation, and LQG 50-foot setback waiver

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Hazardous Waste Electronic E-Manifest

The E-Manifest Initiative began in 2001 and rulemaking was passed in Feb, 2014. User fee rules were passed in Dec, 2017

E-Manifest to Launch Nationwide on June 30, 2018

After this date, receiving facilities must submit copies of all manifests to EPA by one of 5 available methods Check with your TSD to see what method they will use

After this date, generators must use the new 5-part paper manifest form (or the electronic form) for hazardous waste shipments

E-Manifest will be part of EPA’s RCRAInfo System

E-Manifest will use CROMERR compliant signature process for all signatures

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Hazardous Waste Electronic E-Manifest (cont.) Hardcopy of manifest is still required to accompany shipment

for DOT purposes

LDR notifications are not included in the E-Manifest initiative at this time;

Hazardous Waste Exports are not included in E-Manifest at this time

Users of the electronic system must register in RCRAInfo as either Viewer, Preparer, Site Manager or Certifier. A Site Manager can view, prepare and sign.

Generators intending to use E-Manifest should register at least two site managers per facility on E-Manifest

Fees are assessed for use of E-Manifest

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Non-Hazardous Secondary Materials

January 2015 Definition of Solid Waste Rule and 2017 Appeal Changed the 2008 definition of Solid Waste

Implemented new “Hazardous Secondary Materials” Rules

Exemptions from the definition of Solid Waste are unchanged Used as an process ingredient, without being reclaimed

Used as an effective chemical substitute, without being reclaimed

Returned to the production process as feedstock, without being reclaimed

Wastes excluded from the definition of solid waste under 261.4(a)(1)- (a)(23)

Requirements for on-site and off-site reclamation of hazardous waste as non-hazardous secondary materials are listed at 261.4(a)(23) and (a)(24), respectively, Off-site remanufacturing at 261.4(a)(27)

Allows for legitimate recycling of hazardous waste as non-waste secondary material at a verified legitimate reclamation facility

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Non-Hazardous Secondary Materials (cont.)

Managing Hazardous Secondary Material Can only be handled by the generator, an intermediate and a recycler

Reclamation must be legitimate, per 40 CFR 260.43

Waste must be sent to a verified legitimate* reclamation facility through intermediates under contractual agreements, with receipt verification Variances are available for non-RCRA permitted reclaimers and intermediates

Materials must be managed as a comparable raw material would be

Generator must maintain records of shipments and receipt verifications

Generator must comply with Specific Emergency Preparedness and Response requirements per 40 CFR 261.400

The reclaimer and intermediate facility must have financial assurance

Generators must provide EPA notification per 40 CFR 260.42 *Per July 7, 2017 Appeals Court Decision, Reclamation facilities are not required to have a

RCRA permit but must meet RCRA emergency preparedness requirements, and recycled materials do not have to be comparable to those of an analogous product as per 2015 Rule.

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Hazardous Waste Management Exclusions and Alternatives

Solvent Contaminated Wipes (for Off-site Laundry or Disposal)

Universal Waste-Batteries -Fluorescent Lamps/Bulbs

-Pesticides -Mercury Containing Equipment

-Aerosol Cans (future)

Used oil

Precious Metals

Spent Lead-Acid Batteries

Scrap Metal

Industrial Ethyl Alcohol

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Hazardous Waste Management Exclusions and Alternatives (continued)

Hazardous Secondary Material or Marketable Secondary Material

Wastewater Treatment in an on-site wastewater treatment facility

Generator treatment in containers during on-site accumulation Requires EPA notification, waste analysis plan, and compliance with land

ban treatment standards

Onsite wastewater evaporation to minimize volume – in accordance with State Approval In Indiana, Units must meet the definition of a tank system under 465,

Subpart J including daily inspection, PE certification and secondary containment

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Thank you!25

John WellspringSr. Project Manager, EHS Compliance

KERAMIDA Inc.Office: 317-685-6600

Office Direct: 317-631-9576Cell: 317-294-7815

jwellspring@keramida.comwww.keramida.com

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