Hazardous Waste Amendments Update
Tennessee Rule Chapter 0400-12-01
May 14, 2019
Jacqueline Okoreeh-Baah, EC III
Regulatory Development Section
Hazardous Waste Management Program
Nashville Central Office
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Rulemaking and State Authorization • State authorization is a rulemaking process through which the
Environmental Protection Agency (EPA) delegates the primary responsibility of implementing the Resource Conservation and Recovery Act (RCRA) hazardous waste program to individual states in lieu of the EPA.
• States must be at least as stringent as the federal requirements.
• States can adopt more stringent requirements as well.
• States must modify their regulations within one (1) year.
• Or within two (2) years if a statutory change is necessary.
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http://www.epa.gov/epawaste/wyl/stateprograms.htm
Tennessee is required to adopt the Federal Regulations to maintain program authorization.
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State Amendments
Federal Regulations
• Rules appeared in the Federal Register between July 1 of the previous year, to June 30, the current year.
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6
Cluster
Checklist
Code
Federal Register/
Effective Date
SPA
Rule
Description
TN Effective
Date
Authorization Package Draft Date
Comments
XXIV 233-235
NH
FR 01/13/2015 05/30/2018
EFF: 07/13/2015 05/30/2018
35 Revisions to Definition of Solid Waste
01/04/2018 06/19/2018
State: 07/01/2016 09/8/2020
233 NH
FR 05/30/2018
EFF: 05/30/2018
Revisions to Definition of Solid Waste
01//2020 State: 07/01/2019
09/8/2020
DRAFT I (in OGC)
XXV
236 H
FR 11/28/2016
EFF: 12/31/2017 36
Imports and Exports of Hazardous Waste
01//2020 State: 07/01/2018
09/8/2020
DRAFT II (in OGC)
237 NH
FR 11/28/2016
EFF: 05/30/2017 36
Hazardous Waste Generator Improvement Rule
01//2020 State: 07/01/2018
09/8/2020
DRAFT II (in OGC)
XXVI 238 H
FR 12/26/2017
EFF: 06/26/2018 37
Confidentiality Determinations for Hazardous Waste Export and Import Documents
01//2020 State: 07/01/2019
09/8/2020
DRAFT II (in OGC)
239 NH
FR 01/03/2018
EFF: 06/30/2018 37
Hazardous Waste Electronic Manifest User Fee Rule
01//2020 State: 07/01/2019
09/8/2020
DRAFT II (in OGC)
XXVII 240 NH
FR 11/30/2018
EFF: 11/30/2018 38
Safe Management of Recalled Airbags (Interim Final)
01//2020 State: no date given
09/8/2020
DRAFT II (in OGC)
241
H/NH
FR 02/22/2019
EFF: 08/21/2019 38
Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine
05//2020 State: 07/01/2020
09//2021
DRAFT III (in OGC)
STATE
State Trivalent Chromium 01//2020 09/8/2020 DRAFT II (in OGC)
State Fee Regulation of 0400-12-01-.08 01//2020 09/8/2020 DRAFT II (in OGC)
State Financial Assurance 01//2020 09/8/2020 DRAFT IV (in OGC)
I. DRAFT: Revisions to Definition of Solid Waste
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Cluster
Checklist
Code
Federal Register/
Effective Date
SPA
Rule
Description
TN Effective
Date
Authorization Package Draft Date
XXIV 233-235
NH
FR 01/13/2015 05/30/2018
EFF: 07/13/2015 05/30/2018
35 Revisions to Definition of Solid Waste
01/04/2018 06/19/2018
State: 07/01/2016
09/8/2020
233 NH
FR 05/30/2018
EFF: 05/30/2018
35 Revisions to Definition of Solid Waste
01//2020 State:
07/01/2019 09/8/2020
On May 30, 2018, the EPA issued a final rule regarding the definition of solid waste and secondary hazardous materials revising regulations to comply with a modified opinion and order issued by the United States Court of Appeals, District of Columbia Circuit, on March 6, 2018, and mandated on March 14, 2018.
Revisions to Definition of Solid Waste
The State amendments differ from the federal regulations in three ways:
• The condition that off-site reclaimers and intermediate facilities send the hazardous secondary material generator confirmation of receipt within 30 days of receipt is retained. (Otherwise, the condition would require confirmation of receipt without a timeframe for compliance.)
• A clarification that off-site reclaimers and intermediate facilities must comply with the emergency preparedness and response conditions.
• A reference to the definition of “contained” was added for clarification. It was included at
the sections referencing: 1. Third legitimate recycling factor. 2. The hazardous secondary material managed off-site by reclaimers and intermediate facilities must be contained. 3. The cross-reference conforms to the interpretation of March 6, 2018.
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II. DRAFT: Generator Improvement Rule (GIR)
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Cluster
Checklist
Code
Federal Register/
Effective Date
SPA
Rule
Description
TN Effective
Date
Authorization Package Draft Date
XXV
236 H
FR 11/28/2016
EFF: 12/31/2016 36
Imports and Exports of Hazardous Waste
01//2020 State: 07/01/2018
09/8/2020
237 NH
FR 11/28/2016
EFF: 05/30/2017 36
Hazardous Waste Generator Improvement Rule
01//2020 State: 07/01/2018
09/8/2020
XXVI 238 H
FR 12/26/2017
EFF: 06/26/2018 37
Confidentiality Determinations for Hazardous Waste Export and Import Documents
01//2020 State: 07/01/2019
09/8/2020
239 NH
FR 01/03/2018
EFF: 06/30/2018 37
Hazardous Waste Electronic Manifest User Fee Rule
01//2020 State: 07/01/2019
09/8/2020
XXVII 240 NH
FR 11/30/2018
EFF: 11/30/2018 38
Safe Management of Recalled Airbags (Interim Final)
01//2020 State : no date
given 09/8/2020
STATE
State Trivalent Chromium 01//2020 09/8/2020
State Fee Regulation of 0400-12-01-.08
01//2020 09/8/2020
Imports and Exports of Hazardous Waste
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XXV
236 H
FR 11/28/2016
EFF: 12/31/2016 36
Imports and Exports of Hazardous Waste
01//2020 State:
07/01/2018 09/8/2020
The final rule establishes: • Improved export and import shipment tracking; • One consolidated and streamlined set of requirements applying to all imports
and exports; • Mandatory electronic reporting to EPA; and • Linking the consent to export with the electronic export information submitted
to U.S. Customs and Border Protection (CBP).
Confidentiality Determinations for Hazardous Waste Export and Import Documents
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XXVI 238 H
FR 12/26/2017
EFF: 06/26/2018 37
Confidentiality Determinations for Hazardous Waste Export and Import Documents
01//2020 State:
07/01/2019 09/8/2020
• This rule amends existing regulations regarding the export and import of hazardous wastes from and into the United States.
• This rule applies a confidentiality determination such that no person can assert confidential business information (CBI) claims for documents related to:
• the export, import, and transit of hazardous waste • the export of excluded cathode ray tubes (CRTs) • EPA is making these changes to apply a consistent approach in addressing
confidentiality claims for export and import documentation.
Hazardous Waste Electronic Manifest System User Fee
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XXVI 239 NH
FR 01/03/2018
EFF: 06/30/2018 37
Hazardous Waste Electronic Manifest User Fee Rule
01//2020 State:
07/01/2019 09/8/2020
Safe Management of Recalled Airbags
This interim final rule facilitates a more expedited removal of
defective Takata airbag inflators from vehicles by dealerships,
salvage yards and other locations for safe and environmentally
sound disposal by exempting the collection of airbag waste from
hazardous waste requirements so long as certain conditions are
met.
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XXVII 240 NH
FR 11/30/2018
EFF: 11/30/2018 38
Safe Management of Recalled Airbags (Interim Final)
01//2020 State: no date given
09/8/2020
Hazardous Waste Generator Improvements Rule
This rule finalizes a much-needed update to the hazardous waste generator regulations to make the rules easier to understand, facilitate better compliance, provide greater flexibility in how hazardous waste is managed, and close important gaps in the regulations.
Key provisions where EPA is finalizing flexibility are:
• Allowing a hazardous waste generator to avoid increased burden of a higher generator status when generating episodic waste provided the episodic waste is properly managed and
• Allowing a very small quantity generator (VSQG) to send its hazardous waste to a large quantity generator under control of the same person.
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XXV 237 NH
FR 11/28/16
EFF: 05/30/2017 38
Hazardous Waste Generator Improvement Rule
01//2020 State:
7/1/2018 09/8/2020
Hazardous Waste Generator Improvements Rule (cont.)
Key provisions where EPA is finalizing flexibility are:
• In addition to finalizing key flexibilities, the rule enhances the safety of facilities, employees, and the general public by improving hazardous waste risk communication and ensuring that emergency management requirements meet today’s needs.
• Further, the EPA is finalizing a number of clarifications without increasing burden including a reorganization of the hazardous waste generator regulations so that all of the generator regulations are in one place.
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XXV 237 NH
FR 11/28/16
EFF: 05/30/2017 38
Hazardous Waste Generator Improvement Rule
01//2020 State:
7/1/2018 09/8/2020
Impacts of Final Rule by Generator Category
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New Provision VSQG SQG LQG Comments
Reorganization X X X
LQG Consolidation of VQG wastes X X Less Stringent
Episodic Generation X X Less Stringent
50-foot Waiver X Less Stringent
Marking and Labeling X X
Marking RCRA Waste Codes X X
SQG Re-Notification X
Contingency Plan (Quick Reference Guide) X
Closure Notification X
Closure as Landfill if (Can’t Clean Close) X
BR Reporting by Recyclers ( Who Don’t Store) X X
Less stringent:
• VSQG consolidation
• Episodic generation
• Waiver from 50-foot rule
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Very Small Quantity
State Amendments/Corrections
This rulemaking includes several other revisions, such as:
• Adding a reference to Chapter 0400-01-40 (Electronic Reporting) when required documents are submitted electronically;
• Clarify the process by which additional wastes will be added to the trivalent chromium exclusion and to add two additional waste sources to the list;
• Retaining the requirement that SQGs and LQGs keep records of required inspections;
• Reorganizing the hazardous waste generator regulations to make them more user-friendly;
• Defining a central accumulation area and the generator categories;
• Updating the generator notification requirements
• Clarifying the requirements regarding maintain an up-to-date notification file to avoid adding a periodic re-notification requirement;
• Adding a requirement that VSQGs and SQGs annually report on the hazardous waste managed under the episodic generation events;
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STATE
State Trivalent Chromium 01//2020 09/8/2020
State Fee Regulation of 0400-12-01-.08
01//2020 09/8/2020
State Amendments/Corrections (cont.)
This rulemaking includes several other revisions, such as (cont.):
• Repeating the prohibition for generators from sending hazardous liquids to landfills;
• Replacing the list of specific data elements with a requirement to complete and submit all data elements required in the annual report form;
• For the purposes of paying the annual generator base fee, requiring a generator to determine the quantity it generated each calendar month in the same manner as a generator determines generator status under subparagraph (1)(d) of Rule 0400-12-01-.03, except the quantities generated during episodic event(s) and managed in accordance with paragraph (12) of Rule 0400-12-01-.03 will be included in the calendar month generation rate calculations;
• And technical corrections and conforming changes to various parts of the regulations.
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STATE
State Trivalent Chromium 01//2020 09/8/2020
State Fee Regulation of 0400-12-01-.08
01//2020 09/8/2020
III. DRAFT: State Amendments/Corrections
This rulemaking includes several revisions, such as :
• Updates the wording of financial assurance instruments.
• And technical corrections and conforming changes to various
parts of the regulations.
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STATE
State Financial Assurance 01//2020 09/8/2020
IV. DRAFT
Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine
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Cluster Checklist
Code
Federal Register/
Effective Date
SPA
XXVII
241 H/NH
FR 02/22/2019
EFF: 08/21/2019
38
Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine
05//2021 State:
07/1/2021 09/8/2021
• This final rule establishes cost- saving, streamlined standards for handling hazardous waste pharmaceuticals to better fit the operations of the healthcare sector. • Importantly, this final rule will make our drinking and surface water safer and
healthier by reducing the amount of hazardous waste pharmaceuticals entering our waterways on an annual basis by prohibiting all facilities subject to the rule from putting them down the sewer.
Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine (cont.)
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Cluster Checklist
Code
Federal Register/
Effective Date
SPA
XXVII
241 H/NH
FR 02/22/2019
EFF: 08/21/2019
38
Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine
05//2021 State:
07/1/2021 09/8/2021
• In addition, under this final rule, FDA-approved, over-the-counter nicotine replacement therapies (i.e., nicotine patches, gums and lozenges) will no longer be considered hazardous waste when discarded.
• Finally, the final rule reaffirms EPA’s long-standing policy that non-prescription pharmaceuticals and other unsold retail items that have a reasonable expectation of being legitimately used/reused or reclaimed are not solid waste.
Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine
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Cluster Checklist
Code
Federal Register/
Effective Date
SPA
XXVII
241 H/NH
FR 02/22/2019
EFF: 08/21/2019
38
Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine
05//2021 State:
07/1/2021 09/8/2021
• It also provides regulatory certainty that the Resource Conservation and Recovery Act (RCRA) applies when healthcare facilities send unused, unsaleable prescription hazardous waste pharmaceuticals to reverse distributors to receive manufacturer credit.
• The rule incorporates flexibilities to accommodate current reverse distribution business practices to facilitate its implementation.
A copy of the draft/final rules will be available at:
http://sos.tn.gov/division-publications/rules-and-
regulations
http://tn.gov/environment/topic/ppo-waste
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Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations
The streamlined Universal Waste regulations are expected to:
• Ease regulatory burdens on retail stores and others that discard aerosol cans,
• Promote the collection and recycling of aerosol cans, and
• Encourage the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills or combustors.
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Information can be found on the EPA website at:
https://www.epa.gov/hw
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• For further information contact:
TDEC Division of Solid Waste Management WRS Tennessee Tower 312 Rosa L Parks Ave, 14th Floor Nashville TN 37243 Attn: Jackie Okoreeh-Baah 615-532-0825 |
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