The Non-Hazardous Secondary Materials rule established standards and procedures for identifying whether non-hazardous secondary materials are solid wastes when used as fuels or ingredients in combustion units. In the February 2013 amendments, the EPA listed particular non-hazardous secondary materials as “categorical non-waste fuels” provided certain conditions are met. Persons burning these non-hazardous secondary materials do not need to evaluate them under the general case-by-case standards and procedures that would otherwise apply to non-hazardous secondary materials used in combustion units.
The amendment adds three materials to the list of categorical non-waste fuels: construction and demolition wood processed from construction and demolition debris according to best management practices; paper recycling residuals generated from the recycling of recovered paper, paperboard, and corrugated containers and combusted by paper recycling mills whose boilers are designed to burn solid fuel; and creosote treated railroad ties that are processed and then combusted in the following types of units: units designed to burn both biomass and fuel oil as part of normal operations and not solely as part of start-up or shut-down operations, and units at major source pulp and paper mills or power producers subject to 40 CFR 63, subpart DDDDD that combust CTRT and had been designed to burn biomass and fuel oil, but are modified (e.g., oil delivery mechanisms are removed) in order to use natural gas instead of fuel oil, as part of normal operations and not solely as part of start-up or shut-down operations.
This rule will go into effect on March 9, 2016.
Hazardous Waste Generator Improvement Rule
In the first major modification to the hazardous waste regulations in over 10 years, EPA plans to modify and reorganize the hazardous waste generator rule. When adopted, the rule will provide greater flexibility in how hazardous waste is managed and close important gaps in the regulations.
Attend Environmental Resource Center’s live, online session to learn:
- New requirements for documenting hazardous waste determinations
- Revised requirements for when and how to submit the Notification of Generator Status form to EPA
- How to take advantage of the episodic generation exclusion to avoid reclassification to a larger generator status
- Definitions of important new terms – “Very Small Quantity Generator” and “Central Accumulation Area”
- How to mark containers, tanks, and containment buildings with new information required at central accumulation areas and satellites
- New conditions under which containers can be left open at satellite accumulation areas
- Updated time and volume limits for satellite accumulation areas
- New documentation requirements for contingency plans and biennial reports
- New requirements for shipping hazardous waste from a VSQG to another facility owned by the same organization
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast on February 16 where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
Nashville RCRA and DOT Training
San Jose RCRA and DOT Training
Houston RCRA and DOT Training
EPA Reissues Clean Water Act Pesticides General Permit
EPA is preparing to reissue the Pesticide General Permit, which regulates point source discharges of biological pesticides and chemical pesticides that leave a residue. The current general permit was first issued on October 31, 2011, and expires October 31, 2016. The proposed 2016 PGP contains the same requirements and provisions as the current 2011 permit.
The permit covers: 1) mosquito and other flying insect pest control, 2) weed and algae pest control, 3) animal pest control, and 4) forest canopy pest control. The draft permit does not cover terrestrial applications to control pests on agricultural crops or forest floors. The proposed permit, which was published in the Federal Register on January 26, 2016, has a 45-day public comment period. Comments must be received on or before March 11, 2016. The 2016 PGP will be finalized by October 31, 2016.
Revisions To Reporting and Recordkeeping for Imports and Exports of Ozone Depleting Substances
This system allows businesses to transmit the transactional data required by multiple Federal agencies for the import and export of cargo through a single window. As businesses currently must submit trade data to multiple agencies, in multiple ways, and often on paper, the transition to electronic filing is expected to save businesses time and money.
This rule removes the requirement that the petition for used ozone-depleting substances accompany the shipment through U.S. Customs and removes references to Customs forms that are obsolete under the new system.
EPA Proposes Amendments to Petroleum Refinery NESHAP
In that action, as a result of a risk and technology review, the EPA finalized amendments to Refinery MACT 1 and Refinery MACT 2. In this action, the EPA is proposing to amend the compliance date in Refinery MACT 1 for maintenance vent standards that apply during periods of startup, shutdown, maintenance, or inspection for sources constructed or reconstructed on or before June 30, 2014.
EPA is also proposing to revise the compliance dates in Refinery MACT 2 for the standards that apply during startup, shutdown, or hot standby for fluid catalytic cracking units (FCCU) and startup and shutdown for sulfur recovery units (SRU) constructed or reconstructed on or before June 30, 2014. These proposed revisions do not affect requirements that apply during normal operations. Finally, the EPA is proposing technical corrections and clarifications to the NESHAP and the NSPS for petroleum refineries.
EPA Proposes Changes to Use of Two Long Island Sound Dredged Material Disposal Sites
The proposed amendments will help meet the goal of reducing or eliminating dredged material disposal in open waters of the Sound. These amendments are available for public review and comment through March 25, 2016. EPA will also hold two public hearings on the proposed amendments in early March.
The amendments to the rule are intended to help reduce or eliminate open-water disposal of dredged material by requiring dredging project proponents to follow standards and procedures that will encourage the use of practicable alternatives to open-water disposal. One proposed procedure would be the establishment of a permanent, interagency Long Island Sound Regional Dredging Team to develop and promote the use of alternatives, such as using sand for beach nourishment.
The designation of dredged material disposal sites by EPA only makes those sites available for use by future dredging projects; it does not authorize the disposal of any material from any project. Any proposal to place dredged material at either the Central or Western Long Island Sound Dredged Material Disposal Site will have to obtain a project-specific authorization and must satisfy the stringent requirements of the ocean disposal regulations.
The original site designation rule, published on June 3, 2005, was based on an Environmental Impact Statement prepared by EPA and the U.S. Army Corps of Engineers (USACE) in 2004. The 2005 rule required the USACE to complete a regional Dredged Material Management Plan for Long Island Sound (LIS DMMP) that identifies alternatives to open water disposal and recommends standards and procedures for their use, and required EPA to then amend the rule to incorporate those standards and procedures within 120 days of completion of the LIS DMMP; EPA plans to do so no later than May 10, 2016.
The LIS DMMP is a planning document that identifies a wide range of potential alternatives to open-water disposal for all federal and non-federal dredging projects in the Long Island Sound region. The USACE completed the LIS DMMP on January 11, 2016, and announced its completion in the Federal Register on January 15, 2016. The LIS DMMP estimates that there is a potential dredging need of 53 million cubic yards in Long Island Sound over the 30-year planning horizon, but the USACE has stated that only a portion of that projected need is expected to be dredged due to federal budget constraints and the high cost of testing, dredging, and disposal for private dredging proponents. The USACE is responsible for maintaining 52 Federal navigation Projects in Long Island Sound and adjacent harbors and navigation channels.
All EPA-designated disposal sites are required to have Site Management and Monitoring Plans (SMMPs). The SMMPs for the Central and Western Long Island Sound sites that went into effect in 2005 are currently being reviewed and updated as required by law, and will be released for public comment in early March 2016.
The public involvement program conducted by EPA for the site designation in 2005 and by the USACE in 2015 for the LIS DMMP included numerous public information meetings, newsletters, e-mail distribution, and web site updates. The agencies also worked closely with other federal and state agencies through interagency project management teams as well as public information meetings.
EPA will hold two public hearings to receive comment on the proposed rule. The first will be held on Tuesday, March 1, 2016, from 5:00 p.m. - 7:00 p.m. (registration at 4:30 p.m.), Port Jefferson Free Library, 100 Thompson St., Port Jefferson, New York. The second meeting will be held on Wednesday, March 2, from 3:30 p.m. - 5:30 p.m. (registration at 3:00 p.m.) at the University of Connecticut, One University Place, Stamford, Conn.
Stephen Perkins (OEP06-3), USEPA-5 Post Office Square, Suite 100, Boston, MA 02109
EPA Announces Updated Draft Efficacy Protocol for Copper Surface Sanitizer Products
Based on public comments, numerous changes have been made to the draft, including changes to the test microbes, culture preparation, quality control process, and product characterization.
The updated draft protocol highlights:
- Abrasion and Chemical Exposure Process Overview
- Test Methodology
- Product Characterization
- Product Labeling
ADEQ Issues Renewable Energy Permit Creating New Jobs and Protecting the Environment
Arizona Department of Environmental Quality (ADEQ) officials recently announced the issuance of a first of its kind air quality permit in Arizona to Concord Blue Eagar, LLC, (Concord) for a new facility in Apache County, to produce renewable electricity and wood char using innovative processes. In record time for a class II permit, it took ADEQ only 85 days to complete the process from an administratively complete application to issuance, which gives the company authorization to construct and operate the facility.
Located in rural Arizona, the new facility is expected to create more than 40 new jobs—30 during construction and 12 full-time once operation begins—benefitting the local economy, community and the environment. According to Concord, the facility will process 75 tons per day of wood fuels to operate.
“The Concord Blue facility in Eagar, Arizona offers the potential to increase the market value for small diameter ponderosa pine stands that we need to thin in order to create fire adapted communities and resilient ecosystems in the forested regions of our state,” said the State Forester, Jeff Whitney.
Using a unique technology that heats wood to create a natural-gas-like fuel, Concord plans to generate electricity from materials collected during forest thinning operations, as well as community plant trimmings and sawmill wood debris. Applying this technology at its Eagar plant will produce one megawatt of electricity for the Navopache Electric Co-Op Incorporated, as well as generate enough power to run the plant.
“Concord’s plan to use wood from forest thinning would help foster healthy forests, reduce excess wood that could fuel larger forest fires, clean up unwanted wood debris, and promote community safety,” ADEQ Director Misael Cabrera said. “Swiftly permitting the Concord facility also is an outstanding example of how ADEQ is working with industry to support environmentally responsible economic growth in Arizona.”
Concord Blue Vice President Project Management Scott Noll stated, “Throughout the permitting process, Arizona Department of Environmental Quality air permitting staff provided very helpful guidance regarding air dispersion modeling and did an excellent job expediting their review process once our full application was deemed complete.”
Thanks to significant process improvements implemented agency-wide, ADEQ now issues air quality permits 70% faster than just four years ago. Governor Ducey has challenged all state agencies to operate at the speed of business and ADEQ is delivering with faster, cheaper, better government without sacrificing environmental protection. Additional examples include:
- A 25% reduction in vehicle emissions testing fees for more than one million Maricopa County residents
- A more than 50% reduction in the average time required to return facilities to compliance
- Reducing the time it takes for customers to obtain public records by 70% by being the first Arizona agency to leverage technology to make its public record metadata available through an online application called MegaSearch.
Concord plans to begin operating the power plant by the end of 2016 and is working to secure the necessary wood fuel contracts. For more information about the Concord technology, please visit
Louisiana Man Arrested for Illegal Disposal of Waste Tires
On Friday, February 5, deputies from the Avoyelles Parish Sheriff’s Office arrested an Avoyelles Parish man for the alleged illegal disposal waste tires in connection with a Louisiana Department of Environmental Quality criminal investigation.
Over the past several months, investigators with the Louisiana Department of Environmental Quality Criminal Investigation Division have been conducting a criminal investigation regarding the illegal tire disposal. Investigators with LDEQ-CID obtained two arrest warrants for Daniel Lachney, 52, of Marksville for both Avoyelles and Pointe Coupee Parishes. Lachney was arrested in Avoyelles Parish in October 2015 for the Avoyelles warrant. In September 2014, Lachney began renting a house owned by Ricky Guillory located at 144 Humphrey’s Loop in Hessmer. During the time that he was renting from Guillory, Lachney is alleged to have abandoned and illegally disposed of more than 2,000 waste tires on Guillory’s property.
On Friday, Lachney was arrested by deputies from Avoyelles Parish and transported to Pointe Coupee Parish where he was booked for a second time on identical charges regarding the Pointe Coupee warrant. In August 2014, Lachney is alleged to have abandoned and illegally disposed of 622 waste tires on property owned by Joseph Barr located at 648 Bowman Road in Lettsworth.
“Skirting environmental laws in order to blatantly pollute our environment will not be tolerated,” said Chuck Carr Brown, DEQ Secretary. “Such acts directly affect human health and we call upon everyone to be a watchdog and report any illegal activity to local authorities and to DEQ as soon as possible. DEQ will continue to work closely with its local, state and federal law enforcement partners to ensure that anyone found to be conducting illegal waste disposal operations will be investigated and prosecuted to the fullest extent of the law.”
If convicted in either parish for the knowing illegal disposal of waste tires, Lachney faces possible imprisonment for not more than 1 year, or a fine of not more than $25,000, or both.
Group Meets to Help Improve Quality of Life for Border Region
The meeting focused on a number of challenges facing the region to include the outlook of the Rio Grande River and on-going resiliency efforts.
“The border region, like many communities throughout the country, has health problems that can be linked to environmental pollution,” said Regional Administrator Ron Curry. “Bringing together local leaders, state and federal partners, and local citizens will help us assure families in the border communities can be safe where they live and play.”
GNEB is an independent Presidential advisory committee managed by EPA. The group presents a yearly report to the President’s environmental advisory group, the Council on Environmental Quality. The Board does not carry out any specific border programs, but, advises and analyzes problems the border region faces.
GNEB Chair Paul Ganster emphasized that, “the meetings in Brownsville and interaction with local officials and community members helped the Board clearly understand the regional environmental challenges that the region faces.” At the same time, he noted, “Board members from other regions along the border with Mexico and from Washington, D.C., gained a new appreciation of the unique nature of the Lower Rio Grande Valley.”
GNEB members include representatives from all four U.S. border states as well as nine federal agencies. Border state representatives include senior officials in business and industry, state and local government, non-profit groups, tribes, and the academic community. Each year, the Board meets several times in different communities along the U.S. side of the border. Members also have extensive networks across the border that includes families, friends, and professional contacts.
Electronics Manufacturers and Retailers Recognized for the Safe Management of Used Electronics
Together, the amount of greenhouse gas emissions saved through the recycling efforts of these companies is equivalent to taking more than 112,000 cars off the road for one year.
“Sustainability of our global resources requires business practices that incorporate environmental and economic considerations throughout the products lifecycle—from extraction and manufacturing, through use and finally end of life,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Land and Emergency Management. “I congratulate the awardees and all SMM Electronics Challenge participants for their innovative efforts for diverting electronics from landfills and recovering valuable resources. Our Electronics Challenge participants are corporate role models and I encourage others to follow their lead by implementing these best practices.”
In 2013, the United States generated some 3.1 million tons of electronics waste. Not only do those discarded electronics contain potentially dangerous chemicals and pollutants if improperly disposed of, they also have precious metals, rare earth materials, plastics, and glass that can be recovered and recycled. This increases the United States economic competitiveness and reduces costs, as well as environmental impacts, of securing and processing new materials for new products.
Leaders from Best Buy (Gold Tier Award), Dell (Gold Tier), LG Electronics (Gold Tier), Samsung (Gold Tier), Sony (Bronze Tier), Sprint (Gold Tier), and Staples (Gold Tier) gathered in Washington, D.C. to celebrate their environmental achievements, which include diverting 224,263 tons of used electronics from landfills in 2014. Of that, more than 99.7% (223,743 tons) was sent to third-party certified recyclers.
EPA also honored Dell and Samsung as SMM Electronics Champion award winners for exemplifying exceptional leadership and innovation in the sustainable management of electronics. These two companies serve as examples in demonstrating significant environmental, social, and economic outcomes for their organizations and the public that go above and beyond the requirements of the SMM Electronics Challenge. Dell for creating innovative partnerships with Goodwill to increase recycling opportunities and with manufacturer Wistron to “close the loop” by using recovered plastics in new computers. Samsung for truly embracing the concept of sustainable materials management, by designing a mobile phone that looks across the product’s lifecycle—from using recycled materials in the product, peripherals and packaging, to increasing the longevity of the phone and ensuring it is nearly 100% recyclable.
Through EPA’s SMM Electronics Challenge, equipment manufacturers and retailers are promoting responsible electronics recycling. Challenge participants strive to send 100% of their used electronics to recognized third-party certified recyclers; increase the amount of electronics reused, refurbished, and recycled each year; and publicly report this information. These certifications are based on strong environmental standards for used electronics that maximize reuse and recycling, minimize exposure to human health and the environment, ensure safe management of materials by downstream handlers, and require destruction of all data on used devices. The SMM Electronics Challenge supports President Obama’s National Strategy for Electronics Stewardship report (NSES) as it increases safe and effective handling of used electronics in the United States.
More information for consumers to find a location to donate or recycle their electronics:
DHEC Awards Eight South Carolina Schools as Champions of the Environment
Eight schools won grants to support innovative efforts to educate the next generation of environmental stewards, the South Caroline Department of Health and Environmental Control announced recently.
“We had more than 50 entries this year, and some really creative projects were awarded,” said Amanda Ley, DHEC’s coordinator for the Champions of the Environment program. “By increasing opportunities for students to get hands-on environmental education, the Champions program is helping students and teachers make a lasting impact.”
This year’s Champions of the Environment grant winners are:
- Deerfield Elementary School, Lexington County – “Planet Heroes: Environmental Club” students will work to create a culture of recycling throughout the school with a focus on community collaboration to educate others about the importance of recycling.
- Bookman Road Elementary School, Richland County – Students will create bird sanctuaries in the school’s nature trail to learn about the importance of ecosystems and how to be responsible stewards of the environment.
- C. Moore Elementary School, Richland County – In light of the recent flooding, students will learn about the Rocky Branch Watershed and how actions like littering can impact water resources.
- Cape Romain Environmental Education Charter School, Charleston County – The entire student body will restore a salt marsh habitat recently degraded by construction. Students will grow and plant native marsh plants and help restore oyster habitats.
- Chesnee High School, Spartanburg County – Students will work to decrease plastic water bottle use on campus and in the community, by promoting sustainable living choices such as using reusable water bottles.
- Dutch Fork Elementary School, Lexington County – The school will work with partners to install a new observation beehive so students can experience first-hand the life cycle and benefits of honey bees and the importance of pollinator species.
- North Myrtle Beach Middle School, Horry County – To reduce waste and teach all students about the importance of recycling, recycling bins will be added throughout the school and new environmental education programs will be offered.
Champions of the Environment provides resources and support to foster environmental education and action in South Carolina’s kindergarten through 12th grade classrooms. The program is sponsored by DHEC, International Paper and SCE&G, with assistance from the Environmental Education Association of South Carolina.
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Trivia Question of the Week
Which of the following hazardous materials are common ingredients in materials found in art schools?
a) Lead
b) Cadmium
c) Turpentine
d) All of the above