This rule proposes 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.
Two key provisions where EPA is proposing flexibility are:
- Allowing hazardous waste generators to avoid increased burden of a higher generator status when generating episodic waste provided the episodic waste is properly managed, and
- Allowing conditionally exempt small quantity generators (CESQG) to send their hazardous waste to a large quantity generator under control of the same person.
In addition to proposing key flexibilities, the rule will enhance 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.
EPA is also proposing 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.
Comments on this proposal will be accepted for 60 days following publication of this rule in the Federal Register.
The hazardous waste generator regulatory program was originally promulgated in 1980. Over the course of the last 35 years, the Agency, through experience with implementing the program, and in various meetings, correspondence, and discussions with the states and the regulated community, has become aware of the need for more clarity, consistency, and flexibility.
Many of these issues were identified in a 2004 program evaluation of the hazardous waste generator program conducted by EPA. In 2013, a separate EPA program evaluation addressing hazardous waste determinations also identified a number of concerns related to generators being able to make a proper hazardous waste determination. Several of the proposed provisions are also responsive to the Notice of Data Availabilitythat EPA issued on the retail sector asking for comment on hazardous waste management practices in that sector and on challenges they face in complying with Resource Conservation and Recovery Act (RCRA).
After consolidating the feedback from the regulated community, states and other stakeholders, EPA developed this proposal to improve the entire hazardous waste generator program to strengthen environmental protection while ensuring businesses have the flexibility and certainty they need to successfully operate.
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 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
EPA Issues New Industrial Stormwater General Permit
If you were permitted under the 2008 MSGP and need to obtain coverage under the new permit, you must submit your Notice of Intent (NOI)—in accordance with the 2015 MSGP’s updated NOI requirements—by September 2, 2015.
You will learn how to:
- Obtain a stormwater discharge permit
- Develop and implement an effective SWPPP
- Select and implement effective control measures (including best management practices)
- Develop and document inspection procedures
- Implement an effective monitoring and sampling plan
- Meet your permit’s training requirements
- Comply with reporting and recordkeeping requirements
- Certify no-exposure
- Comply with permit renewal requirements
- Terminate permit coverage
EPA’s Revises Underground Storage Tank Regulations
EPA has revised the Underground Storage Tank (UST) regulations for all facilities—including those with emergency generator tanks. These are the first major revisions to the UST regulations since 1988.
The rules establish new requirements for the use of equipment to reduce releases to the environment, as well as detect releases should they occur.
You will learn:
- Existing UST regulations and requirements
- EPA’s approved leak detection methods
- New requirements for:
- Secondary containment for new and replaced tanks and piping
- Operator training
- UST system capability for biofuel blends
- Operation and maintenance for UST systems
- Removed deferrals for emergency generator tanks, airport hydrant systems, and field constructed tanks—making these tanks fully regulated
- Updating codes and practices
Pittsburgh RCRA and DOT Training
Columbus RCRA and DOT Training
San Antonio RCRA and DOT Training
EPA Proposes Standards for Hazardous Waste Pharmaceuticals
This rule proposes a tailored, sector-specific set of regulations for the management of hazardous waste pharmaceuticals by healthcare facilities (including pharmacies) and reverse distributors.
The proposed pharmaceutical rule is designed to make our drinking and surface water safer and healthier by reducing the amount of pharmaceuticals entering our waterways. EPA’s proposal is projected to prevent the flushing of more than 6,400 tons of hazardous waste pharmaceuticals annually by banning healthcare facilities from flushing hazardous waste pharmaceuticals down the sink and toilet.
Comments on this proposal will be accepted for 60 days following publication of this rule in the Federal Register.
In 2008, EPA proposed to add pharmaceuticals to the types of hazardous wastes that could be managed as Universal Wastes . Although commenters supported the idea of new regulations for the management of pharmaceuticals, there were numerous concerns over the lack of notification requirements for those facilities that generate, handle or transport pharmaceutical “universal wastes” as well as for the lack of tracking requirements for the shipment of these wastes. Therefore, the Agency decided to not finalize the 2008 proposed rule, but rather develop another proposal for new standards for the management and disposal of pharmaceutical hazardous waste that are generated by healthcare-related facilities.
With the new rule, the concerns raised by the public comments regarding notification and tracking issues can be more fully addressed as well as other pharmaceutical hazardous waste management issues that are more specific to healthcare facilities.
Several of the proposed provisions are also responsive to the Notice of Data Availability that EPA issued on the retail sector asking for comment on hazardous waste management practices in that sector and on challenges they face in complying with RCRA.
After consolidating the feedback from these two sources, the regulated community, states and other stakeholders, EPA developed this proposal to improve the management of hazardous waste pharmaceuticals to strengthen environmental protection while ensuring businesses have the flexibility and certainty they need to successfully operate.
EPA Proposes Water Quality Standards for Washington State
The proposed rule would ensure that the criteria are set at levels that will adequately protect fish consumers in Washington from exposure to toxic pollutants. To protect fish consumers in Washington, including tribes with treaty protected rights, EPA proposes to derive the criteria using a Fish Consumption Rate of 175 g/day. The cancer risk level remains at the currently established 10-6 or one-in-one-million benchmark.
EPA will accept comments on the proposed rule for 60 days after it is published in the Federal Register.
EPA would prefer that Washington finalize state water quality criteria that would protect fish consumers in Washington. It remains EPA’s strong preference to support states in their development of water quality standards to protect state waters rather than to develop standards at the national level.
In 1992, EPA established Washington’s existing criteria for the protection of human health as part of the National Toxics Rule, using the Agency’s recommended criteria values at the time. EPA’s proposed rule updates the fish consumption rate based on more recent regional and local fish consumption data, as well as updates the toxicity and exposure parameters used to calculate human health criteria. The proposal also takes into account applicable EPA policies, guidance, and legal requirements, to protect human health.
If EPA approves criteria submitted by the state, the corresponding federal criteria will not be finalized.
EPA Kicks Off Campus RainWorks Challenge to Develop Innovative Approaches to Stormwater Management
Registration for the 2015 Challenge opens September 1 and ends September 30. Registrants must submit their entries by December 18, and winners will be announced on Earth Day, April 22, 2016.
Each first-place team will earn a student prize of $2,000 divided evenly among student team members and a faculty prize of $3,000 to support green infrastructure research or training. Second-place teams will win $1,000 for student teams and $2,000 for faculty research.
Since 2012, more than 350 student teams have participated in the challenge. The competition raises awareness of green infrastructure on college campuses, trains the next generation of professionals on green infrastructure principles, and fosters interdisciplinary collaboration.
Stormwater is one of the nation’s most significant water quality challenges. Large volumes of stormwater pollute our nation’s streams, rivers and lakes, posing a threat to human health and the environment and contributing to downstream flooding.
Green infrastructure:
- Decreases pollution to local waterways by treating rain where it falls and keeping polluted stormwater from entering sewer systems
- Increases economic activity, neighborhood revitalization, job creation, and open space
- Builds resiliency to the impacts of climate change by reducing the burden on local water infrastructure, managing local flooding, reducing urban heat islands, and lowering energy demands
Green infrastructure practices include green roofs, permeable materials, alternative designs for streets and buildings, trees, rain gardens and rain-harvesting systems. Communities are increasingly using green infrastructure to supplement or substitute for “gray” infrastructure such as pipes, filters, and ponds.
Michigan DEQ Launches Streamlined Permitting System
The process to obtain environmental permits required by the federal government just got easier in Michigan thanks to the launch of a new information system designed to streamline the permit application and compliance process.
This is part of a larger project to replace Michigan’s aging IT systems throughout state government.
MiWaters’ streamlined electronic permitting process allows Michigan to fulfill federal electronic reporting requirements and provides an easy online portal for access to public information. It also includes electronic reporting of untreated or partially treated sanitary wastewater.
MiWaters is the first new production system hosted in DTMB’s Next Generation Digital Infrastructure (NGDI). The new infrastructure is Michigan’s on-demand cloud hosting service, allowing the state to quickly adapt to increased capacity needs as demand dictates.
Repsol Exploration and Production USA Inc. to Pay $30,500 Penalty for Clean Water Act Violations
According to a settlement announced on August 26 by the EPA, the company’s exploration well drilling equipment leaked well testing fluids onto the frozen, snow-covered arctic tundra in April of 2013.
On April 9, 2013, a hose ruptured at Qugruk Well Pad #6, on the Colville River Delta. Well testing fluids from the ruptured hose were mostly collected in a secondary containment system. Up to 500 gallons of fluid sprayed beyond the containment area, and covered over an acre of frozen, snow-covered tundra. Within four days, the company completed a cleanup of the most impacted contaminated snow. Repsol agreed to pay a penalty of $30,500 to settle the allegations.
The company is an American subsidiary of the Spanish Repsol S.A.
"Preventative measures to protect sensitive ecosystems like the arctic tundra are very important to keep pollutants out of the environment and away from people," said Jeff KenKnight, manager of EPA’s Clean Water Act Compliance Unit in Seattle. "Holding companies accountable when they pollute the environment ensures that everyone is treated fairly, and promotes the use of precautionary spill prevention procedures."
Operating Certificate Revoked Albany, Oregon, Arco Station for Repeated Tank Violations
Up to 40,000 gallons of fuel are stored underground at the facility. DEQ also proposed revocation of the station’s permit to operate underground storage tanks.
Violations included:
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Failure to report suspected releases
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Failure to investigate suspected releases
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Failure to determine if release detection equipment was working properly when there are alarms
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One or more spill buckets were damaged and not repairable
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Failure to perform annual line tightness testing on pressurized piping between July 2012 and September 2014
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Failure to maintain the most recent 12 consecutive months of monitoring records
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Failure to install, operate, maintain, or calibrate an Automatic Tank Gauge
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Failure to provide documentation of compliance with financial responsibility
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Violating a condition of a commission or department order or agreement
DEQ is particularly concerned about the number of violations discovered during a May 2015 inspection of the facility and the fact that many of the violations were repeat violations. The City of Tangent and businesses in the area rely solely upon groundwater for their domestic water supply. Contamination of groundwater resources could impact the health and safety of those working or utilizing local businesses.
Along with financial penalties, Oregon law authorizes DEQ to revoke an operating certificate if the owner or permittee is not in compliance with state rules and regulations. Because the station owner failed to maintain insurance required by law, DEQ also proposed the permit revocation.
Hassan has until September 9 to appeal the penalties and revocation.
Tuolumne County Water Purveyor Faces $224,875 Penalty, Cease and Desist Order for Illegal Diversion and Bulk Delivery of Water
The State Water Resources Control Board issued an Administrative Civil Liability complaint and a draft Cease and Desist Order against a Tuolumne County water purveyor recently for the alleged illegal diversion and bulk delivery of water.
The Administrative Civil Liability complaint alleges that G. Scott Fahey, and Sugar Pine Spring Water LP (Fahey), continued to divert water from the Tuolumne River watershed after being notified there was no longer water available under the water right permits Fahey holds. The illegal diversions occurred in 2014 and 2015, according to the complaint.
The complaint alleges that Fahey holds two Post-1914 appropriative water right permits to divert water from Cottonwood Spring, Deadwood Spring, Marco Spring and Polo Spring, all tributaries of the Tuolumne River upstream of New Don Pedro Reservoir. The water, about 69 acre feet a year, has been diverted through pipelines to a bulk water truck filling station in Tuolumne County, where it has been trucked for use at bottled water plants.
Fahey was notified in May of 2014 that there was not sufficient water to continue diverting under his permit, and was again notified in April of 2015.
An investigation by the State Water Board’s Division of Water Rights found that Fahey had continued to divert water for 170 days under two permits, approximately 22 acre feet of water in 2014 and 2015 after being notified that no water was available under his water rights.
The violations carry a maximum civil liability of $1,000 per day, plus $2,500 for each acre foot of water diverted or used in excess of the diverter’s water rights. Division of Water Rights staff is recommending a civil liability of $224,875 to settle the complaint. Fahey can request a hearing before the State Water Board to contest the civil liability action.
The State Water Board also issued a draft Cease and Desist Order to Fahey and Sugar Pine Spring Water LP to stop unauthorized diversions from the four springs. Failure to comply with a final Cease and Desist Order carries a civil liability of up to $10,000 for each day the violation occurs, or referral to the Office of the Attorney General for further enforcement action.
Maryland Poised to Meet Clean Air Standards
A new federal proposal rewards Maryland for continued improvements in air quality—gains that position Maryland to meet standards for the pollutant ground level ozone throughout the state for the first time.
The proposal, from the EPA, is based on recent air quality monitoring data for the metropolitan Washington area of Maryland and the northeast portion of the state. It would extend the deadline to meet the current health-based standard for ground-level ozone to those areas and others across the country showing significant progress toward meeting that standard.
The EPA determined earlier this year that the Baltimore metropolitan area is meeting the standard, and other parts of the state have previously been determined to have met the standard. A preliminary MDE analysis shows the entire state is on pace to meet the ozone standard for this summer’s air quality.
All of the determinations for ozone are based on the current standard, set in 2008, of 75 parts per billion. A new, more stringent ozone standard is expected to be announced this fall. All of Maryland has met the standards for soot, or fine particle, air pollution since 2012.
“The hard work, strong controls and steady investments made for clean air are paying off with remarkable progress that has us poised to meet air quality standards across the state for the first time ever,” said Maryland Department of the Environment Secretary Ben Grumbles. “But this will be a short celebration if we do not continue to make improvements needed to meet a more stringent ozone standard. Much more needs to be done, within the state and beyond, to consistently improve and maintain Maryland’s air quality.”
These pollutants react with heat and sunlight, producing ground level ozone. Unhealthy levels of ground level ozone occur during the summer months, typically May through September.
High concentrations of ozone can cause shortness of breath, coughing, wheezing, fatigue, headaches, nausea, chest pain, and eye and throat irritation. The most common symptom that people have when exposed to ozone while exercising is pain when taking a deep breath. Ozone is also linked to premature death.
Reductions in emissions from utilities, motor vehicles and other sources as diverse as manufacturing and consumer products have reduced the number of days on which Marylanders breathe unhealthy air. Thus far in 2015, Maryland has experienced three days in which the ozone standard was exceeded. The previous record low was five days, set last year.
In recent years Maryland has implemented the Maryland Healthy Air Act, the toughest power plant emissions law on the East Coast, and the Maryland Clean Cars Program. Maryland power plants have invested $2.6 billion in technology to comply with the Maryland Healthy Air Act. The Act has helped to drive down ozone levels and allow Maryland to meet standards for fine particle pollution.
The EPA has found that the metropolitan Baltimore area is for the first time in more than three decades meeting the ozone standard. The EPA’s “Clean Data Determination,” proposed in the March 18 Federal Register, reflects air monitoring data for the past three years for the area that includes Baltimore City and Baltimore, Anne Arundel, Howard, Harford, and Carroll counties. That data shows that the area did not exceed the current ozone standard for the first time since measurements began in 1980.
The proposal is based on 2014 air monitoring data. The proposal applies to the Philadelphia-Wilmington-Atlantic City area, which for air quality monitoring purposes includes Cecil County, Maryland, and the Washington area, which includes Calvert, Charles, Frederick, Montgomery, and Prince George’s counties in Maryland.
The EPA is expected to announce in October a new standard for ozone in the range of 65- to 70 parts per billion. Maryland continues to work to reduce ozone levels through new efforts to reduce emissions from industry, mobile sources, such as cars and trucks, and an increased emphasis on reducing emissions in states that are upwind of Maryland.
Research shows that pollution from upwind states accounts for up to 70% of the ozone levels recorded in Maryland. This air pollution that floats from state to state affects almost every state east of the Mississippi River. Over the past few years, Maryland has played a critical role in bringing together approximately 25 states to see where progress could be made in addressing this issue. This collaborative effort with Air Directors and Commissioners in many states is looking at new regional control efforts for power plants, vehicles and other sources of air pollution.
The Maryland Department of the Environment adopted regulations to reduce air pollution from the state’s coal-fired power plants starting in the summer of 2015 and ensure the immediate public health benefits of protecting Marylanders from breathing unhealthy levels of ozone air pollution. The reductions expected from the implementation of the regulations for nitrogen oxides emissions from the state’s coal-fired power plants are expected to be significant and to be part of a series of initiatives that will allow Maryland to attain and maintain compliance with the current standard for ozone pollution. MDE has submitted for a legislative committee’s review a proposal for regulations that would provide longer term reductions in air pollution from the state’s coal-fired power plants.
Lead Poisoning Cases Drop in Baltimore and in Maryland
Childhood lead poisoning in Maryland decreased in Baltimore City and in Maryland as a whole last year, a report released recently by the Maryland Department of the Environment shows.
The number of childhood lead poisoning cases has decreased by 98% since the enactment of the law.
The report also shows that a significant percentage of confirmed lead poisoning cases in Maryland—particularly in areas outside of Baltimore City—are linked to homes that had not previously been covered by the lead law. A key change in the law expands the type of properties covered to include, in addition to rental units built prior to 1950, rental units built prior to 1978. That change took effect January 1, 2015.
More than 50,000 units covered for the first time under the law have registered with MDE’s lead program. MDE is sending out 87,000 letters to owners of properties that are believed to be rental units built between 1950 and 1978 but that have not been registered as required under the change in the law.
The MDE report also shows a decline in the percentage of tested children exhibiting lead in their blood at levels that are below the state-law-defined elevated level of 10 micrograms per deciliter. These levels are still of concern based on guidance from the US Centers for Disease Control and Prevention. MDE and the Baltimore City Health Department are coordinating to investigate properties in the city that are pre-1978 rental units (or that have not been ruled out as being covered under the lead law) that are the residences of children with test results of 5-9 micrograms per deciliter.
Montana DEQ, Sun Mountain Lumber, Resolve Air Quality Act Violations
The Montana Department of Environmental Quality announced Sun Mountain Lumber, Inc., (Sun Mountain) has resolved a violation of the Clean Air Act of Montana that occurred at the Sun Mountain Lumber facility in Deer Lodge.
Sun Mountain violated the CAA and Administrative Rules of Montana by failing to comply with emission limits for particulate matter during source emission testing.
According to the Department’s John Rasmann, failure to comply with permit limits threatens public health. Sun Mountain paid a $6,325 administrative penalty for the violation and conducted additional source testing in 2015. That testing was in compliance with the emission limits. For additional information about Montana Air Quality Permits, call the Air Resources Management Bureau at 406-444-3490.
Slawson Exploration Company Inc. Cited for Air Quality Act Violations
The Montana Department of Environmental Quality announced Slawson Exploration Company, Inc., has resolved violations of the Clean Air Act of Montana at various well facilities in Richland and Roosevelt counties.
Slawson violated the CAA and Administrative Rules of Montana by failing to submit registration information and by commencing operations without registration at 23 oil or gas well facilities. In addition, Slawson failed to adequately control volatile organic compound emissions at three facilities and failed to meet initial source testing requirements at three other facilities.
According to the Department’s John Rasmann, failure to properly register facilities and conduct the required source tests prevents the Department from ensuring compliance with the CAA. He also states that failing to install appropriate emissions control equipment can cause harm to the environment.
Slawson corrected the registration, VOC, and source testing violations and paid a $165,300 penalty for the violations at the 29 facilities.
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Trivia Question of the Week
The six hottest years on record have occurred during the last:
a) 10 years
b) 30 years
c) 50 years
d) 100 years
