hazardous waste amendments update - tn.gov...may 16, 2019 · tennessee rule chapter 0400-12-01 ......

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


XXIV 233-235

NH

FR 01/13/2015 05/30/2018

EFF: 07/13/2015 05/30/2018


01/04/2018 06/19/2018

State: 07/01/2016

09/8/2020

233 NH

FR 05/30/2018

EFF: 05/30/2018


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


XXV

236 H

FR 11/28/2016

EFF: 12/31/2016 36


01//2020 State: 07/01/2018

09/8/2020

237 NH

FR 11/28/2016

EFF: 05/30/2017 36


01//2020 State: 07/01/2018

09/8/2020

XXVI 238 H

FR 12/26/2017

EFF: 06/26/2018 37


01//2020 State: 07/01/2019

09/8/2020

239 NH

FR 01/03/2018

EFF: 06/30/2018 37


01//2020 State: 07/01/2019

09/8/2020

XXVII 240 NH

FR 11/30/2018

EFF: 11/30/2018 38


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


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XXV

236 H

FR 11/28/2016

EFF: 12/31/2016 36


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).


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XXVI 238 H

FR 12/26/2017

EFF: 06/26/2018 37


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


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


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


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


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



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



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


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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


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.)

22

Cluster Checklist

Code

Federal Register/

Effective Date

SPA

XXVII

241 H/NH

FR 02/22/2019

EFF: 08/21/2019

38


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.


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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


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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