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LAKE MICHIGAN STATES SECTIONof the
AIR & WASTE MANAGEMENT ASSOCIATION
RCRA and theGreening of
WasteThursday, May 26, 2011
8:30 a.m. - 5:00 p.m.
Abbington Banquets3 South 002 IL Route 53 (Route 53 and Butterfield)
Glen Ellyn, IL 60173
A full day waste conference to provide environmental professionals a betterunderstanding of the recent and emerging developments pertaining to the treatment,storage, and disposal of hazardous materials and solid wastes . This seminar is directedto hazardous waste generators, environmental managers, TSD facility operators,environmental consultants, compliance specialists, environmental attorneys, andregulators who to want keep up with RCRA waste issues.
Conference Sponsors: Lake Michigan States Section A&WMAIllinois Sustainable Technology Center
Presents:
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AGENDAThurs., May 26th RCRA and the Greening of Waste
8:30 a.m. Welcome & Opening Remarks
COMPLIANCE
8:45 a.m. Generator Requirements - An overview of how to comply with RCRASpeaker: Kevin Moss, CITGO
9:15 a.m. Generator Audits: Identifying and Documenting ComplianceSpeaker: Bill Graham, Bureau Veritas
9:45 a.m. Morning Break and Exhibit Viewing
GENERATOR ISSUES
10:15 a.m. State Inspection issues for GeneratorsSpeaker: Paul Purseglove, Illinois EPA
Legal Issues on the Generator HorizonSpeaker: Eric Boyd, Seyfarth Shaw, LLP
Indiana Regulatory UpdateSpeaker: Cathy Csatari, IDEM
WASTE MINIMIZATION AND POLLUTION PREVENTION
11:15 A.M. Illinois Governors’ Award AchievementsPanel: Deb Jacobson, Illinois Sustainable Technology Center
Burt Klein, PortionPac Chemical CoKristin Pelizza, Navistar, Inc.
LUNCHEON AND KEYNOTE SPEAKER
12:00 p.m. Luncheon and Keynote SpeakerSpeaker: Mark Durno, US EPA Region 5
Deputy Incident Commander of the 2010 Enbridge OilSpill in Marshall, Michigan
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GREEN REMEDIATION
1:30 p.m. The Federal Green Remediation InitiativeSpeaker: Brad Bradley, USEPA Region 5 Green Remediation Ctr.
Green Remediation - State of the Practice and Project ExamplesSpeaker: John Hesemann, Burns & McDonnell
CONSTRUCTION DEBRIS MANAGEMENT & DISPOSAL
2:15 p.m. Construction and Demolition Debris ManagementSpeaker: Gary Dyke, Operations Supervisor, Republic Services, Inc.
MunicipalSpeaker: Jennifer Burke, Senior Counsel, Department of Law
City of Chicago
3:00 p.m. Afternoon Break and Exhibit Viewing
HOT TOPICS
3:15 p.m. Business Perspective of Green WashingSpeaker: Marilyn Jones, Consolidated Printing
E-wasteSpeaker: Jori Pascarella, Business Development, Intercon Solutions
Definition of Solid Waste and Status of Coal Combustion WasteSpeaker: David L. Rieser, McGuireWoods, LLP
5:00 p.m. Wrap Up - Networking Reception Immediately Follows
Conference Chairs: Lawrence Fieber - Burns & McDonnellDebra Jacobson – University of Illinois Sustainable Technology CenterBill Graham – Bureau VeritasDavid Rieser – McGuire WoodsJames Powell - AMEC Environmental
Exhibitor Chairs: Steve Maziarka - AirgasDavid Ozawa - Platt Environmental
AGENDA
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Air & Waste Management AssociationLake Michigan States Section
Thank You to theExhibitors for Their
Participation
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COMPLIANCEGenerator Requirements
Kevin MossCITGO
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LQG RCRA ComplianceLQG RCRA Compliance
Strategies and Lessons LearnedStrategies and Lessons Learned
Kevin MossKevin MossCITGO Petroleum CorporationCITGO Petroleum Corporation
Lemont RefineryLemont Refinery
BackgroundBackground
15 years with Lemont Refinery 15 years with Lemont Refinery ––Waste and Corrective Action SpecialistWaste and Corrective Action Specialist––Two RCRA Violations in 14 yearsTwo RCRA Violations in 14 years
Lab Error Lab Error -- Can’t control everything!Can’t control everything!y gy gFinancial Issue Financial Issue –– Can’t control everything! Can’t control everything!
5 years at Fermilab5 years at Fermilab5 years at U.S. EPA Region V5 years at U.S. EPA Region V
RCRA Cradle to GraveRCRA Cradle to GraveStart at the beginning Start at the beginning –– waste waste
generation!generation!LQG? One waste, 10, 100?! LQG? One waste, 10, 100?! Who is the generator Who is the generator –– YOU! YOU! Who is the generator Who is the generator YOU! YOU! Waste containers ready? DOT Waste containers ready? DOT compliant?compliant?Follow Satellite Accumulation Area Follow Satellite Accumulation Area (SAA) Guidelines(SAA) Guidelines––Regulations only a startRegulations only a start––Recent guidance on this Recent guidance on this –– Dec 3, 2009Dec 3, 2009
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AuditsAuditsChallenge “Routine” Challenge “Routine” –– Fresh EyesFresh Eyes–– Internal AuditsInternal Audits–– Third Party AuditsThird Party Audits
ll d h h k b dll d h h k b dActually doing what you think is being done?Actually doing what you think is being done?Up to date with recent changes?Up to date with recent changes?Correct interpretation?Correct interpretation?
ScheduleSchedule–– TopicsTopics
Greening RCRAGreening RCRAWMPP Plan/Effort?WMPP Plan/Effort?
Every Manifest Every Manifest –– “I certify that the waste “I certify that the waste minimization statement identified in 40 minimization statement identified in 40 CFR 262.27…is true”CFR 262.27…is true”
I am a large quantity generator I have a I am a large quantity generator I have a program in placeprogram in place–– I am a large quantity generator. I have a I am a large quantity generator. I have a program in placeprogram in placeto reduce the volume and toxicity of waste generated to the to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practical…degree I have determined to be economically practical…
RCRA Annual Report RCRA Annual Report –– P2 effortsP2 effortsWMPP Plan/Committee? WMPP Plan/Committee? Identify opportunities to reduce?Identify opportunities to reduce?Document ResultsDocument Results
Greening RCRAGreening RCRASome P2 initiativesSome P2 initiatives
P2 P2 –– A New Way of ThinkingA New Way of ThinkingWMPP committeeWMPP committeeEliminated Chlorinated Solvents from Warehouse Eliminated Chlorinated Solvents from Warehouse supplysupply
B f l h h i l d dB f l h h i l d d–– Be careful how chemicals are orderedBe careful how chemicals are ordered–– MSDS not always representativeMSDS not always representative
Heavy Metal Catalysts are recycled or reclaimed Heavy Metal Catalysts are recycled or reclaimed (even non(even non--haz) haz) Greatly reduced Mercury useGreatly reduced Mercury useProcess Sewer Process Sewer –– minimize solidsminimize solidsBundle Cleaning Bundle Cleaning –– minimize plasticminimize plastic
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Greening RCRAGreening RCRA
Clearing filters/media before generationClearing filters/media before generationMOSC MOSC
Energy/Water (not RCRA but who cares) Energy/Water (not RCRA but who cares) Energy/Water (not RCRA but who cares) Energy/Water (not RCRA but who cares) NonNon--RCRA wastes count tooRCRA wastes count too
Recognize WMPP successesRecognize WMPP successes–– EEOM program EEOM program
ThisCloseThisClose
RCRA or NonRCRA or Non--RCRARCRAUniversal WasteUniversal Waste–– Broken lampsBroken lamps–– Broken lead acid batteriesBroken lead acid batteries
DOT k i i f b iDOT k i i f b i–– DOT packaging issues for batteriesDOT packaging issues for batteries
Illinois Special WasteIllinois Special Waste–– CharacterizedCharacterized–– Declassification on record? Declassification on record? –– NH Waste report filed NH Waste report filed –– out of state shipmentsout of state shipments
RCRA TrainingRCRA Training262.34…265.16262.34…265.16
Waste Waste Contingency planContingency planRecordsRecordsRecordsRecords–– Job title Job title -- namename–– Job descriptionJob description–– Type and amount of trainingType and amount of training–– DocumentDocument
Training records kept until Training records kept until closure of facilityclosure of facility
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SAASAA(Satellite Accumulation Area)(Satellite Accumulation Area)
Label drum at point of generationLabel drum at point of generation––Not on lid (lids disappear, get reused) Not on lid (lids disappear, get reused) ––Label with Label with -- What, Where, WhyWhat, Where, Why
Prefer paint stick over sticky labelPrefer paint stick over sticky label––Prefer paint stick over sticky labelPrefer paint stick over sticky label––Train , Train ,Train Train , Train ,Train –– 55 gallon limits, 3 55 gallon limits, 3
day clock, closed containersday clock, closed containers––Audit/Check Audit/Check -- We check for containers We check for containers
every day in the refinery every day in the refinery –– cover entire cover entire plant every 3 daysplant every 3 days
––Drum distribution control next stepDrum distribution control next step
Waste Pick Up Request FormWaste Pick Up Request Form
What What exactlyexactly was generated?was generated?Assume everything is hazardous Assume everything is hazardous waste waste –– unless you unless you knowknow otherwiseotherwiseEl t i t i k f dEl t i t i k f dElectronic waste pick up form usedElectronic waste pick up form usedWaste form located on refinery Waste form located on refinery intranet Home Pageintranet Home PageAsk What, Where, WhyAsk What, Where, WhyCan reject formCan reject formSafety Concerns Safety Concerns –– H2S, Benzene, etcH2S, Benzene, etc
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Waste CharacterizationWaste CharacterizationSeen every waste at least once in 14 Seen every waste at least once in 14 years years –– have database of every waste have database of every waste generated since 1996. Haz or Nongenerated since 1996. Haz or Non--haz, haz, sampling information, where shipped, etc..sampling information, where shipped, etc..Waste information on each piece of Waste information on each piece of Waste information on each piece of Waste information on each piece of refinery equipment refinery equipment –– continuous effortcontinuous effortSome wastes still need characterizationSome wastes still need characterization––Sample per EPA guidelines (40 CFR 261, Sample per EPA guidelines (40 CFR 261,
Appendix I). Appendix I).
Waste CharacterizationWaste CharacterizationRepresentative samples Representative samples –– no bias or bias towards no bias or bias towards “dirty” material“dirty” materialKeep sampling database Keep sampling database –– electronic reporting electronic reporting nownowTest for totals not TCLP Test for totals not TCLP –– at firstat first–– Helps in BWON and TRI reportingHelps in BWON and TRI reporting
TCLP requested only if totals 20x haz levels TCLP requested only if totals 20x haz levels (actually less than that for organics)(actually less than that for organics)Label as hazardous waste right away if known Label as hazardous waste right away if known ––do not wait for sample datado not wait for sample dataDo Not ship waste without complete analytical Do Not ship waste without complete analytical
Waste StorageWaste Storage
Field crew dedicated to moving Field crew dedicated to moving drums drums –– fully trained (RCRA, DOT, fully trained (RCRA, DOT, HazWoper)HazWoper)Staging containers in BarrelhouseStaging containers in BarrelhouseStaging containers in BarrelhouseStaging containers in Barrelhouse––Maintain aisle space etc…Maintain aisle space etc…Each container is tagged with a Each container is tagged with a unique number that corresponds to unique number that corresponds to the waste pick up formthe waste pick up formEach container is entered into a Each container is entered into a waste database waste database –– Excel Excel
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StorageStorage
90 day storage area90 day storage areaWeekly inspectionsWeekly inspections––Honest accounting of issuesHonest accounting of issues
b lb lLabels OutLabels OutCleanCleanNo LeakersNo Leakers
ShippingShipping
Abide by DOT rules including trainingAbide by DOT rules including training––Check each drum before shipping (no Check each drum before shipping (no
leakers, tight lids)leakers, tight lids)––Place trust carefullyPlace trust carefullyPlace trust carefullyPlace trust carefullyEach shipment generate a list of Each shipment generate a list of waste shipped waste shipped –– codes and profilescodes and profilesManifest Manifest –– unique numbersunique numbersLDR/UHCs LDR/UHCs –– don’t forgetdon’t forget
DocumentationDocumentation
Manifest/LDRManifest/LDR–– 30 days for manifest return 30 days for manifest return –– use system that use system that
works for you. Flagged files. Keep together works for you. Flagged files. Keep together ––staple/filestaple/file
Training Training –– annual RCRA refresher, DOTannual RCRA refresher, DOTHazWoper HazWoper –– if neededif neededKeep ready for InspectorKeep ready for Inspector
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InspectionsInspectionsMost Important Most Important –– have a good program!have a good program!Don't keep inspector waitingDon't keep inspector waitingHave documentation readyHave documentation readyField inspection Field inspection –– ask where they want to ask where they want to go/how to get therego/how to get thereFix problems as discovered if possibleFix problems as discovered if possibleHave real interest in getting fixes Have real interest in getting fixes correctedcorrectedClose out meetingClose out meeting
NetworkingNetworking
Need people to bounce Need people to bounce ideas/questionsideas/questions––25 years and still have questions25 years and still have questionsGet good annual RCRA trainingGet good annual RCRA trainingGet good annual RCRA trainingGet good annual RCRA training––WebWeb--based can be good but nothing like based can be good but nothing like
good live training good live training –– make contactsmake contacts
ConclusionsConclusions
LQG Compliance requiresLQG Compliance requires––DedicationDedication––RCRA KnowledgeRCRA Knowledge
Good PeopleGood People––Good PeopleGood People––DocumentationDocumentation
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COMPLIANCEGenerator Audits
Bill GrahamBureau Veritas, North America
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RCRAHazardous Waste GeneratorHazardous Waste Generator
Auditing and Compliance
May 26, 2011Air and Waste Management Association – Lake Michigan States Section
Bill Graham, P.E., C.P.E.A.Past Chair LM-AWMA
RCRA Hazardous Waste Generator Auditing
► Auditor Ethics and Auditing Standards
► RCRA Waste Generator Auditing
► Common Findings
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► Field Observations – Photos
► Compliance with Hazardous Waste Generator Requirements
Reference: USEPA Protocol for RCRA Generator Compliance Audits
http://www.epa.gov/compliance/resources/policies/incentives/auditing/apcol-rcragen.pdf
Auditing Ethics and Auditor Standards of Conduct
Auditor to exercise honesty, objectivity and diligence
1. Conflict of Interest
2. Independence
3. Proficiency
4 Material Facts and Disclosure
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4. Material Facts and Disclosure
5. Due Professional Care
6. Confidentiality
Ref: BEAC, IIA, Environmental Auditing Roundtable
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Auditing Protocols and Tools
Auditing Protocols
USEPA Protocol for RCRA Generator Compliance Audits1
Auditing Roundtable – Environmental Compliance Auditing – Course and Manual
Several States provide auditing and compliance tools at their web pages
Many Companies have developed their own protocols
Auditing Tools:
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Regulatory Software: Cyberregs, BNA, Enflex
Auditing Software: STP, Dakota, Enhesa
1 http://www.epa.gov/compliance/resources/policies/incentives/auditing/apcol-rcragen.pdf
RCRA Hazardous Waste Generator Auditing
Audit Types and Scope
► Confirm objective: due diligence, compliance, legal/regulatory, management system, improvement, ISO 14001, etc.
► Audit Types based on lead party: Government agency, corporate third party or peer review, facility self assessment
► Audit Scope based on type of wastes: Hazardous, Solid, special,
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universal, electronic, PCBs, scrap metal, used oil, construction.
► TIP: Define limits of facility being audited: Confirm property boundaries, leased property, contractor activities, off site locations to assure there is agreement on the scope of the facility and activities being audited.
RCRA Hazardous Waste Generator Auditing
Suggested Audit Process – RCRA Generator
► Pre-visit Preparation - Generator status and requirements, review regulations, learn State differences
► Opening Meeting – Scope, schedule, protocols, H&S briefing
► Review records - waste determinations, manifests, inspections, contingency plan, reports
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► Interview - environmental staff, operators generating waste, waste handlers
► Observe - containers, labels, satellites, storage areas, signage, security
► Record - on working papers/ take photographs/backup documentation
► Develop - frame observation/finding, citations, and get agreement from site representative, note where regulatory confirmation is needed
► Close-out Meeting – Thank you and brief review; potential deviations, follow-up items, schedule for report, facility action plan
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RCRA Hazardous Waste Generator Auditing
Suggested Audit Process – RCRA Generator
► Pre-visit Preparation at Facility
Pre-audit conference calls
Determine facility contacts
Location for auditors to work and lunch
Locate documents, records and files, including training
Housekeeping
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Housekeeping
General visual inspection
Waste shipments
RCRA Hazardous Waste Generator Auditing
Suggested Audit Process – RCRA Generator
► Pre-visit Preparation by Auditor
Facility permits and compliance history on Envirofacts-ECHO
Aerial photo review
Review specific HW generator requirements
Review State and Local regulations and compliance tools (web pages)
Review company policy and best management practices
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Review company policy and best management practices
Gather auditing protocols (USEPA, AR, etc)
Arrange travel (leave buffer)
Coordinate with and brief team members
Clothing and gear (footwear, PPE, clipboard, tape measure, camera)
RCRA Hazardous Waste Generator Auditing
Suggested Audit Process – RCRA Generator
► Facility Visual InspectionInitial overview (in meeting, using layout map)
Focus on detailed area reviews
• Waste areas, Dumpsters, Equipment/Bone Yards
• Drum storage
• Maintenance, Out Buildings, Garages, Mobile equipment repair
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• Painting Booths/Areas
• Contractor work areas, Electricians
• Labs
• Roof, Basement
TIP: Arrive early enough to drive around the facility property getting oriented, noting: fence line activities, neighbors, stacks, runoff patterns and waste/equipment storage areas. Take photos from off-site.
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RCRA Hazardous Waste Generator Auditing
Suggested Audit Process – RCRA Generator
► Audit Report
Format per proposal and client objective
Summarize key deviations
Document observations, citations and deviations
Note deviations corrected during audit
Note or rank higher priority deviations if requested
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Note or rank higher priority deviations if requested
Suggest performance-based corrective actions [allowing facility to choose manner of resolution in action plan]
Provide draft and incorporate comments with final
Provide attachments as agreed in scope [photos, sample records, notes, other background material, auditor credentials, etc]
RCRA Hazardous Waste Generator Auditing
Common Audit Findings – RCRA Generator
► Incomplete or Missing Records - Missing waste determinations, manifests, LDR forms, exception reports, weekly inspections, obsolete waste profiles
► Improper Container Management - Poor condition, open, incompatibles, improper/missing labels and signage, exceed accumulation time, obsolete materials, spillage/leakage
► Inadequate Secondary Containment - Insufficient for ancillary equipment and
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tanks, missing drum spill pallets, water/equipment within containment
► Inadequate Emergency Preparedness and Prevention - Not documented, updated or shared with emergency responders; inadequate signage, alarms, communication, security.
► Inadequate Training - Initial and annual training not documented, no position descriptions, no verification testing; manifests signed by someone untrained
RCRA Hazardous Waste Generator Auditing
Common Audit Findings – RCRA Generator
► Missing Tank Certifications – Many sites miss having the initial and five-year reviews of tank integrity certifications
► Missing RCRA Subpart CC Plan – Many sites do not know of this regulation and how it applies to their drum and tank accumulation of organic hazardous wastes
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► Plans not Followed or Implemented – Missing or out of date Contingency Plan or Waste Minimization Plans
► Satellite Accumulation Areas – Not near site of generation or under control of operator; full containers present > 3 days
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Invista Audit and Settlement
► Koch acquired Invista from DuPont in 2004 [12 plants in seven States]
► Self-disclosed nearly 700 findings in 2004-5 under Audit Policy
► Settled 2009 for $1.7 million fine
► Estimated $240-$500 million for compliance and emission reductions
Typical RCRA Waste Generator Findings1. SAA unlabeled, outside control of operator, away from point of generation
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1. SAA unlabeled, outside control of operator, away from point of generation
2. Missing or inadequate waste determinations and classifications
3. Container inspections missing, incomplete or unsigned
4. HW, UW, UO Containers unlabeled, open, lack aisle space
5. Contingency plan missing, not updated, not signed
6. Universal wastes in trash, open containers, unlabeled
7. Pesticides not stored or disposed per label instructions
8. Inadequate training of employees regarding waste management
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RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
► Generator: means any person, by site, whose act or process produces hazardous waste identified or listed in part 261 of this chapter or whose act first causes a hazardous waste to become subject to regulation. [260.10]
► Hazardous Waste Determination: A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that waste is a hazardous waste using the following method [262.11]; and document the basis, i.e. tests, MSDS, etc [268.7]:
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the basis, i.e. tests, MSDS, etc [268.7]:
Is the material a solid waste? [Discarded, abandoned, recycled, disposed: 261.2]Is it excluded or exempt? [261.4(a)(1 - 25); (b)(1 - 17)]Is it a characteristic waste – ignitable, corrosive, reactive, toxic [261.20 -24]Is it a listed waste – F, K, P, U lists [261.30 -35]Is it a State hazardous waste?
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RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
CESQG - Conditionally Exempt Small Quantity Generator [261.5]
Generate < 100 Kg/mo, Accumulate < 1,000 Kg, Storage ~one year
SQG – Small Quantity Generator [262.34]
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Generate < 1000 Kg/mo, Accumulate < 6,000 Kg, Storage < 180 days
LQG – Large Quantity Generator [262.34]
Generate > 1000 Kg/mo, Accumulate - no limit, Storage < 90 days
Comparison of RCRA Generator Requirements Requirement CESQG SQG LQG
Determine Whether Solid Waste is Hazardous
Yes Yes Yes
Quantity Limits 5.100 kg/mo (220.46 lb./mo)
100 kg/mo (220.46 lb.) to 1,000 kg/mo(2,204.62 lb.)
>1,000 kg/mo (2,204.62 lb./mo)
Acute Waste Limits 51 kg/mo (2.20 lb./mo) 5_1 kg/mo (2.20 lb./mo) None
Facility Receiving Waste State approved, RCRA permitted, interim status, or exemptrecycling facility
RCRA permitted, interim status, or exemptrecycling facility
RCRA permitted, interim status, or exemptrecycling facility
EPA ID Number Not required Required Required
RCRA Personnel Training Not required Basic training required Required
Exception Report Not required Required within 60 days of hazardouswaste being accepted by initial transporter
Required within 45 days of hazardous wastebeing accepted by initial transporter
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
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This document is intended solely for guidance. No statutory or regulatory 4 requirements are in any way altered by any statement(s) contained herein.
Biennial Report Not required Not required Required
On-site Accumulation Limits (without permit)
1,000 kg (2,204.62 lb.) 6,000 kg (13,227.73 lb.) Any quantity
Accumulation Time Limits (without permit)
None 180 days [or 270 days if transported more than 200 mi. (321.87 kin)] U.S. EPA may grant 30 days for unforeseen, temporary, and uncontrollable circumstances.
90 days + U.S. EPA may grant 30 days for unforeseen, temporary, and uncontrollable circumstances.
Storage Requirements for AccumulatedHazardous Waste
None Basic requirements with technical standards for containers or tanks
Full compliance with management of containers or tanks
Use Manifests No Yes, unless the waste is reclaimed under contractual agreement in accordance with the requirements of 40 CFR 262.20 (e).
Yes, unless the waste is reclaimed under contractual agreement in accordance with the requirements of 40 CFR 262.20 (e).
Contingency Plan No No Required
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
Tracking Waste Generated - Generators must keep track of the amount of hazardous waste generated in each calendar month to determine and maintain generator status except waste that is [261.5]:
(1) exempt from regulation under 40 CFR 261.4(c) through (f), 261.6(a)(3), 261.7(a)(1), or 261.8; or
(2) managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in 40 CFR 260.10; or
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ac t es as de ed 0 C 60 0; o
(3) recycled, without prior storage or accumulation, only in an on-site processsubject to regulation under 40 CFR 261.6(c)(2); or
(4) used oil managed under the requirements of 40 CFR 261.6(a)(4) and 40 CFR part 279; or
(5) spent lead-acid batteries managed under the requirements of 40 CFR part 266, subpart G; or
(6) universal waste managed under 40 CFR 261.9 and 40 CFR part 273;
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RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
CESQG Requirements [261.5]
Document hazardous waste determinations (262.11)Track hazardous waste generation rates Generate no more than 100kg/mo hazardous waste [Proper containers]Accumulate no more than 1000 kg hazardous wasteTreat or dispose on-site
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Treat or dispose on siteEnsure delivery of waste to TSDF or other permitted facility [Pre-transport 262.30-33]CESQG is exempt from most storage requirements including: EPA ID number, accumulation time limits, manifests, inspections, training1, waste minimization and recordkeeping.
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
SQG Requirements [262.34]
Document hazardous waste determinations (262.11)Track hazardous waste generation rates Generate no more than 1000kg/mo hazardous wasteAccumulate less than 1801 days and <6000 kg hazardous wasteRetain records for 3 years (262 40; manifests analyses training inspections
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Retain records for 3 years (262.40; manifests, analyses, training, inspections, etc)Ensure delivery of waste to TSDF or other permitted facility (exception report at 60 days)Ensure facility is conforming to generator requirements [next slide]Consider any additional State requirements
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
Summary of Generator Requirements [262.34]Waste placed in containers or tanks, marked or labeled ‘Hazardous Waste’Container visibly marked with date each period of accumulation beginsContainer is in good condition, compatible with materials stored, and closed when adding or removing waste. [265.171-3, 265.1087]Up to 55 gallons may be accumulated at or near the point of generation which is under the control of the operator, in containers labeled ‘Hazardous Waste’, that are closed, compatible and in good condition.
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p gWithin 3 days of reaching the 55 gallon limit, satellite containers must be marked with accumulation date and moved to 90 day storage.At accumulation areas near telephone post name and telephone of fire department and 24/7 emergency coordinator who is on-site or nearby, location of fire extinguishers, spill materials and fire alarm. Post no smoking.Respond to emergencies as appropriate with fire extinguishers, calling fire department, spill containment and notification to NRC of releases offsite or to surface water.Details on requirements for containers, inspections, transporting and training follow.
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RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
LQG Additional Requirements [262.34]
Accumulate less than 90 days; no limit on total weightVents, containers and tanks conform to air emission standards (AA, BB, CC)Prepare and submit biennial hazardous waste report1
File exception report if TSDF confirmation copy > 45 daysWaste minimization plan; certification on manifests
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p ;Hazardous Waste Contingency PlanNew employee and annual training for employees documentedConsider additional State requirements (i.e. annual report)
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
Requirements for Hazardous Waste Containers (Subpart I)
Maintained in good condition (no rust, bulges, dents, excessive wear); Compatible with waste stored or liner is compatible; Closed unless adding or removing wasteManaged and located in a manner to prevent leaks, rupture; dispose/reuse if “RCRA” emptyLabeled “Hazardous Waste” [Remove old labels]; Mark with accumulation start
41Bureau Veritas Presentation
Labeled Hazardous Waste [Remove old labels]; Mark with accumulation start date [if not at satellite]Adequately spaced for inspection and to allow emergency responders to access containersIncompatible wastes are separated using dikes, berms, walls; Ignitables/reactives stored >50 from property line; Secondary containment if requiredStorage area secured, posted no smoking, adequate fire protection, alarm, means of communication, signage with emergency information
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
Requirements for Hazardous Waste Tanks (Subpart J, 265.190-202)
Designed and maintained to prevent migration of wastes or accumulated liquids via overflows, corrosion, reactions, fires [262.34]Integrity assessment completed by PE for each tank lacking compliant secondary containment [265.191, 193] – Industry standard API or STI SP-001.Secondary containment for 100% capacity largest tank with rainfall allowance;
d t k t i filt ti f f k h i ll i t t
42Bureau Veritas Presentation
surrounds tank; prevents infiltration; free of cracks or gaps; chemically resistant, etc.Additional requirements for tanks installed after July 14, 1986 including inspection, tightness testing, certifications [265.192]Verify tanks formerly in service were closed within 90 days, with proper decon and disposal
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RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
Requirements for Hazardous Waste Satellite Accumulation [262.34(c)]
Maintained in good condition (no rust, bulges, dents, excessive wear); Compatible with waste stored or liner is compatible; Closed unless adding or removing wasteStore < 55 gallon at or near the point of generation of the waste stream [acute <1 quart]Under control of operator (visual, or locked)
43Bureau Veritas Presentation
p ( , )Labeled “Hazardous Waste” or other words including ‘Waste’ [Remove old labels]; Incompatible wastes are segregated, with separate containment;Once 55 gallon accumulated, dated and moved to HW storage or off site within 3 days (no transferring of waste between satellite areas)If these requirements are met, the activity is not subject to time limits
Satellite Checklist includes additional State of Colorado requirements: http://www.cdphe.state.co.us/hm/sqgsaa.pdf
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
Requirements for Pre-transport [262.30-33]“Before transporting or offering hazardous waste for transportation off-site, a generator must:”► Packaging
Package the waste in accordance with the applicable Department of Transportation regulations on packaging under 49 CFR parts 173, 178, and 179.
► LabelingLabel each package in accordance with the applicable Department of Transportation regulations on hazardous materials under 49 CFR part 172.
► MarkingMark each package of hazardous waste in accordance with the applicable Department of Transportation regulations on hazardous materials under 49 CFR part 172;
44Bureau Veritas Presentation
Transportation regulations on hazardous materials under 49 CFR part 172;Mark each container of 119 gallons or less used in such transportation with the following words and information in accordance with the requirements of 49 CFR 172.304:
HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the
U.S. Environmental Protection Agency.Generator's Name and Address EPA Identification No. Manifest Tracking Number
► PlacardingPlacard or offer the initial transporter the appropriate placards according to Department of Transportation regulations for hazardous materials under 49 CFR part 172, subpart F.
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator RequirementsAir Emission Requirements for Containers and Tanks (Subpart CC)Verify facility documents the exemption status of tanks and containers and confirm these are reviewed and updated annually [265.1083(c) ]Ensure proper waste determination methods are used to determine average volatile organic concentration of waste at point of generation, or when treated.Review tank design standard, organic vapor pressure of waste, and operating conditions to determine tank level (1 or 2); confirm tank designed, installed and operated appropriately [265.1085]
45Bureau Veritas Presentation
Review container size, service status, and treatment of waste to determine container level (1, 2 or 3); confirm container has appropriate controls and is operated properly [265.1087]
Level 1 - ‘no visible holes, gaps, or other open spaces into the interior of the container’Level 2 – ‘vapor tight’ [>0.3 kPa]
Verify control devices are designed and installed properly [265.1088]Ensure the facility has developed and implemented a written plan and scheduleto perform the inspections and monitoring of air emission control equipment ]265.1089] and records are maintained for 3 years [265.1090]
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RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
Requirements for SQG/LQG Generator InspectionsWeekly inspect hazardous waste container accumulation1/storage areas [262.34, 265.174]Daily inspect tanks for proper O&M of overfill and spill control, monitoring and leak detection equipment and waste levels [262.34, 265.195,201]Weekly inspect tanks for integrity, i.e. corrosion, erosion, leakage [265.195,201]Inspect and test at appropriate intervals emergency equipment, i.e. extinguishers alarms communication equipment decontamination spill
46Bureau Veritas Presentation
extinguishers, alarms, communication equipment, decontamination, spill response, etc. Contingency plan can be document citing intervals and including checklists [265.33]Inspections must be recorded with observations/actions made, signed, dated and retained for at least 3 years from date of entry
While there is no express Federal citation requiring documentation of weekly inspections of satellite accumulation areas, regulations in several States add a weekly inspection requirement. Without
performing documented inspections, it is difficult to demonstrate compliance with satellite requirements, so weekly inspections are a good management practice.
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
47Bureau Veritas Presentation
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator RequirementsRequirements for SQG Emergency Response [262.34(d)(5)]
► Emergency CoordinatorAt all times there must be at least one employee either on the premises or on call ( i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures.
► Information Posted at Telephone (Usually at HW Storage area)Name and telephone number of the emergency coordinator;Location of fire extinguishers, spill control material, and fire alarm; andTelephone number of the fire department, unless the facility has a direct alarm.
► Employee Training
48Bureau Veritas Presentation
► Employee TrainingEmployees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;
► Emergency ResponseThe emergency coordinator or his designee must respond to any emergencies that arise. In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil;In the event of a fire, explosion, or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water, the generator must immediately notify the National Response Center (using their 24-hour toll free number 800/424–8802).
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RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
Requirements for LQG Contingency Plan [265.50-56]► Designed to minimize hazards to human health or the environment from fires, explosions, or any
unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. Implement immediately in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
► Contents to describe and keep up to date:Actions to be taken; can amend SPCC Plan to includeArrangements with local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services
49Bureau Veritas Presentation
Names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator Emergency equipment list, location, description and capabilities (fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment)Evacuation plan for facility personnel. Note signal(s) to be used to begin and end evacuation, evacuation routes, and alternates.
► Plan on-site and sent to local authorities► Signed by management and amended with changes in regulations, emergency coordinator or
equipment or the facility changes in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency, or if the plan fails in an emergency.
► Emergency coordinator requirements and procedures at 265.55,56
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
Requirements for Land Disposal Restrictions (LDR) [268.7]
► Have facility waste determinations documented waste needing treatment before land disposal?
► Has the facility sent a one-time LDR notification to the receiving facility? Is this on site and has it been updated in event of changes in the waste or receiving facilities?
► Examine each LDR where the generator is managing a waste stream that
50Bureau Veritas Presentation
► Examine each LDR, where the generator is managing a waste stream that meets treatment standards to confirm that the LDR has a certification statement that contains the wording found in 268.7(a)(3)(i), is signed by an authorized representative and states the waste complies with treatment standards. This LDR must be sent to the receiving facility.
► Confirm the facility has a written waste analysis plan if it is treating waste to meet LDR standards.
► Verify records retained for 3 years
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator RequirementsUsed Oil [279] Regulations are based on USEPA’s presumption that used oil will be recycledUsed Oil is any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result is contaminated by physical or chemical impurities
Generator Requirements:►Waste determination, process knowledge or analyze for halogen►Store in tanks or covered containers in good condition, not leaking, and labeled used oil – States vary
51Bureau Veritas Presentation
►No visual evidence of leaks or spills; procedure in place to stop and contain release, clean up and repair►Secondary containment for any container 55 gallon or more►Used oil filters may be hot drained and disposed as solid waste [261.4(b)(13)] –States vary►Shipping papers retained for 3 years►Ask if aggregate, transport or burn; separate requirements
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RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
Universal Wastes [273]Alternative regulations allowing longer storage and reduced recordkeeping for
batteries, pesticides, lamps and mercury containing equipment. Some States include pharmaceuticals, electronics, paint, etc.
Benefit: Universal wastes can be excluded from threshold calculation for CESQG/SQG/LQG
► Small Quantity Handler (SQH) stores >5000 Kg for entire year, otherwise LQH
52Bureau Veritas Presentation
► SQH has limited requirements including DOT shipping papers, employee awareness, leak proof container labeling, and marking to comply with one year accumulation limit
► LQH additionally must notify and have generator ID, train employees in UW responsibilities, maintain records including invoices, manifests and shipping papers.
► Both must immediately contain all releases of universal wastes and other residues from universal wastes and determine whether any material resulting from the release is hazardous waste.
RCRA Hazardous Waste Generator Auditing
Introduction to Hazardous Waste Generator Requirements
Requirements for Universal Wastes [273]
► Label UW containers – ‘Universal Waste -’ or ‘Waste -’ or ‘Used -’: ‘Batteries’, ‘Lamps’ or ‘Mercury Containing equipment’; or ‘Universal Waste -’ or ‘Waste -’ ‘Pesticides’
► UW Containers are leak proof, closed and secured from breakage► Demonstrate UW never accumulated for > one year
Label container ith earliest date an UW added
53Bureau Veritas Presentation
Label container with earliest date any UW addedLabel each item with date it became a waste (i.e. rechargeable battery cannot hold a charge)Maintain inventory system (container or item or accumulation area)
► Employee training documented procedures and emergencies (once for SQH, annual for LQH)
► Qualified destination facilities; assure transporters not storing for >10 days
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GENERATOR ISSUESState Inspection Issues
for Generators
Paul PursegloveIllinois EPA
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RCRA and the Greening of Waste
Air & Waste Management AssociationLake Michigan States Section
May 26, 2011Glen Ellyn, Illinois
General Compliance
Th Illi i EPA Fi ld Offi P tiThe Illinois EPA Field Office PerspectiveWhat’s the Illinois EPA looking for?
How can industry prepare for inspection?
Paul M. Purseglove, ManagerField Operations Section
Bureau of LandIllinois EPA
paul.purseglove@illinois.gov
217-524-5597
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Seven Regional Offices…..70 Inspectors
Regional Office ManagersDave Retzlaff -- RockfordChuck Grigalauski -- Des PlainesJohn Tripses -- PeoriaVacant -- ChampaignDave Jansen -- SpringfieldChris Cahnovsky -- CollinsvilleTom Edmondson -- Marion
Goal of RCRA Subtitle C• Protect human health and the environment• Ensure that hazardous waste is managed
safely from generation through disposal• Cradle to Grave• Illinois EPA is “authorized” to administer
and enforce RCRA• USEPA still conducts their own inspection
in Illinois
SAFE
WASTE
MANAGEMENT
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Illinois EPA’s Objective
COMPLIANCE
USEPA’s Office of Enforcement and Compliance Assurance
Compliance Monitoring StrategyCompliance Monitoring Strategy for RCRA
• Compliance monitoring is the cornerstone of EPA’s compliance assurance mission
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RCRA Authorities
• Generators• Transporters• Treatment Storage and Disposal facilities• Treatment, Storage, and Disposal facilities• Used Oil• Universal Waste Handlers• Reclamation of Hazardous Secondary
Materials
Objectives
• Identified all the regulated waste streams• Properly characterized each waste stream• Properly handling each waste streamProperly handling each waste stream• Provide chemical composition information
to persons transporting, treating, and disposing of the HW
• Recordkeeping on the management and disposal
Objectives• Proper labeling• Proper on-site handling; containment
building, containers, tanks, drip pads• Use of the Manifest – HW sent to the proper
TSDF• Submitting annual reports on waste
generation
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Objectives
• Contingency plan• General inspection requirements• Security• Security• Preparedness and prevention• Personnel training
What Should I Expect When an Inspector Knocks on My Door?
• Agency has legal authority• Usually not pre-arranged• Inspector will have photo credentials• Inspector will have photo credentials• Usually media-specific
• Agency permit (or pre-permit issuance)• Follow-up• Complaint
Why Is My Business Being Inspected?
• Complaint• Referral• USEPA program commitment
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USEPA Grant Commitments (IEPA)
• 20 % of the LQG Universe annually • Land Disposal Facilities are inspected
annually (state)annually (state)• Part B Facilities including post closure
permits are inspected annually or biannually (state grant)
• Commercial TSDFs every 6 months
Initiatives • 2007 -- 11 Sites w/ GW monitoring (64)• 2005 -- 2006 never inspected LQG’s• 2005 – RCRA Orders with outstanding
violations• 2003-2005 – Brass and Bronze• 2002 – Steel Foundries and Mills• 2001 – Lead and Naphtha• 2000 – Persistent Bio-accumulative and Toxic
2009 Work Planfacilities evaluations
• Incinerator 3 9• Land Disposal Facilities 25 107• Storage- Treatment Facility 24 46• LQG 189 259• SQG 87 131• CSQG 77 103• Transporter 5 8• Others 146 173• TOTALS 556 832
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Inspection Process
• FACILITY ENTRY• OPENING DISCUSSION• RECORD REVIEW• RECORD REVIEW• VISUAL SITE INSPECTION• CLOSING DISCUSSION
Facility Entry• Announced vs. Unannounced Inspection• Have a designated contact and alternative
contactsk h h i / i k• Make sure that the reception/security know
the proper contacts• Ask for credentials – Photo Identification• Inspections occur at reasonable times• Don’t keep inspectors waiting
COPY
COPY
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Facility Entry
• Know your companies policy on– Copying documents– Cameras and videos– What safety equipment and training is required for
inspector– Samples – be prepared to split samples.
• Confirm inspector has the right safety equipment– Safety glass, hard hat, etc.
Opening Conference
• Include “environmental” or “safety” officer• Discuss
– OperationsL– Layout
– Processes– Identify records
• Notes will be taken throughout the process. Be clear when “business confidential” information is discussed.
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What Records Will the Inspector Review?
• Facility process information• Waste manifests• Waste analysis -- Waste Determination• Annual reports• Training records• Spill control procedures• Landfill receipts• Contingency Plan• Inspection Records – daily, weekly, permit required• Tank certification
What Records Will the Inspector Review?
• MSDS• 8700-12• Agency correspondence• Company Brochure• Preparedness and prevention
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Record Review
• Generally the longest part of the inspection
• Ability to easily find all documents• Ability to easily find all documents requested (manifest and waste analysis)
• Know who has what records and where they are kept (inspection records)
What to Expect During the Physical Inspection
• Facility process – start to finish is most effective• Point out waste generation and holding areas• In plant waste transportationp p• Evaluate storage, treatment, disposal unit
compliance (tanks and containers) • Housekeeping• Emergency equipment• Permit requirements
During the Inspection
– CLEARLY EXPLAIN PROCESSES AND CONTROL EQUIPMENT
– HAVE OPERATIONS PEOPLE PRESENT TO ANSWER QUESTIONS
– IF UNABLE TO ANSWER QUESTIONS, GET THE INFORMATION FOR THE INSPECTOR AT A LATER DATE
– DO NOT LEAD THE INPECTOR – MAY MAKE SUSPICIOUS
– INSPECTOR WILL WANT TO SEE THE ENTIRE FACILITY INCLUDING OUTSIDE AREAS
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Inspection Walkthrough• Waste generation and storage areas• Satellite accumulation
-- no more than 55 gallons-- drums marked/labeled and closed-- drums marked/labeled and closed-- good condition and not leaking
• Drums– storage dates– drums labeled and marked– good condition and closed
Inspection Walkthrough
• Tanks– Secondary containment– Ancillary equipmentAncillary equipment– Storage time– Air emissions BB and CC
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Leaks or spills around tank systems
Tanks with inadequate secondary containment -- no high level alarm
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Inspection Walkthrough
• Emergency equipment– Fire extinguishers– Communication devicesCommunication devices– Spill cleanup equipment– Emergency eyewashes/showers– Equipment is maintained, tested and inspected
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Will Waste Samples Be Collected?
• Legal authority• You will be offered a split
Will There Be Photographs?
• Yes
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The Closing Conference
• Inspector will review the inspection• Request clarification• Identify further information needsIdentify further information needs• Provide general observation about problems
observed• Final compliance determination is made
after the inspection upon discussion between the inspector and supervisor
Tips• Management’s attitude is important
Employees take a cue from Supervisors• Label contents of containers
D ’t l t k t i l l t• Don’t let unknown materials accumulate• Use up raw materials so that leftovers don’t
have to be removed • Avoid long delays in greeting Inspectors –
we are suspicious by nature
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After the Inspection
• Expect a letter within 45 days• IGC – In General Compliance• NCA Non Compliance Advisory• NCA – Non-Compliance Advisory• VN – Violation Notice
Requirements for Managing Hazardous Waste
Make a proper hazardous waste determination
May accumulate hazardous waste on site for 90 days or less without a permit
HW Generator Reference Document
• http://www.epa.gov/epaoswer/ osw/gen_trans/tool.pdf
• “Hazardous Waste Generator Regulations: A User-Friendly Reference Document”
• 195 pages
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Manifest Form
• Effective 9-20-2005 the new manifest form must be used by generators, transporters and disposal/treatment facilites
• http://www.pneac.org/hazwastemanafest/
• 20 minute video on the manifesting requirements
QUESTIONS?
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GENERATOR ISSUESLegal Issues on theGenerator Horizon
Eric BoydSeyfarth Shaw, LLP
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Generator Legal IssuesGenerator Legal IssuesGenerator Legal IssuesGenerator Legal IssuesEric E. Boyd Seyfarth Shaw LLP Chicago, Illinois
Lake Michigan States AWMA Program –RCRA and the Greening of Waste Abbington BanquetsMay 26, 2011
Outline
• Recent Generator issues► Routine spills► Empty containers► Solvent-laden rags► Rag “recycling”
2 | © 2010 Seyfarth Shaw LLP
g y g
• EPA Audit Policy Considerations►Existing Audit Policy►Interim New Owner Policy►State Audit Policies
Concluding thoughts . . .
• Cradle-to-grave approach has moved beyond wastes• Tension between disposal and recycling continues to give
regulators headaches• Tension exists under both Subtitle C (hazardous waste) and
subtitle D (nonhazardous waste)
3 | © 2010 Seyfarth Shaw LLP
subtitle D (nonhazardous waste)• Focus will be on exposure to hazardous constituents• Convergence of waste regulations and sustainability concepts• Much more to come in the next few years
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Hazardous Waste Generator Requirements
• Properly characterize wastes• Minimize waste production• Properly manage waste on-site in containers or tanks• Manifest waste off-site within time limits
4 | © 2010 Seyfarth Shaw LLP
• Be ready for emergencies• Do not treat, store or dispose of waste on-site• Can accumulate near point of generation and at satellite
location for limited times (depending on status)• No speculative accumulation
Generator issues - Spills
• In-process materials are not wastes• Incidental spills from process units are not hazardous waste if
immediately cleaned-up• Routine spills are another matter
If ti th t i l i h d t
5 | © 2010 Seyfarth Shaw LLP
• If routine, then material is hazardous waste • Secondary containment for the secondary containment may
be required• Don’t forget about emergency release reporting
Generator issues - RCRA empty containers
• Section 261.7(a) exemption around for almost 30 years• EPA still considering what to do with empty container
residues• If solvent used to clean, may be listed waste as spent solvent• Recent case suggests rinsate may be waste if residue
6 | © 2010 Seyfarth Shaw LLP
Recent case suggests rinsate may be waste if residue exhibits a hazardous characteristic
• Acute waste containers treated differently (so that rinsate remains a listed waste under the “derived from” rule)
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Generator issues – Rags
• Exempt from regulation if collected, drained of free liquid, and sent off-site to be laundered
• Proposed rule out, but no final rule• States may exclude industrial wipes sent for laundering from
regulation as either solid or hazardous waste. See 68 Fed. Reg 65589 (November 20 2003)
7 | © 2010 Seyfarth Shaw LLP
Reg. 65589 (November 20, 2003) • Recovered material may be reusable or waste• Recent cases suggest generators and laundries may be
subject to enforcement
Generator issues – Rag “recycling”
• Generators may treat in drums on-site• Must keep drums closed except when adding waste• Generator exemption does not include thermal treatment• Evaporation is treatment
8 | © 2010 Seyfarth Shaw LLP
• Subpart CC requirements• Key is when the material becomes a waste
EPA Audit Policy Background
• Original Audit Policy from April 2000►Located at
http://www.epa.gov/compliance/resources/policies/incentives/auditing/auditpolicy.pdf
►Encouraged self disclosures by providing penalty mitigation
9 | © 2010 Seyfarth Shaw LLP
• Interim New Owner Policy from August 2008►Located at http://edocket.access.gpo.gov/2008/pdf/E8-17715.pdf ►Provides several major new incentives for regulated entities to
voluntarily come into compliance with federal environmental laws►Allows new owners to make a “clean start” with new or newly acquired
facilities
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Original Audit Policy Conditions
1. Systematic Discovery (audit or EMS)2. Voluntary Discovery (not otherwise required to look)3. Prompt Disclosure within 21 days4. Independent Discovery and Disclosure5. Correction and Remediation within 60 days
10 | © 2010 Seyfarth Shaw LLP
y6. Prevent Recurrence7. No Repeat Violations8. Certain Violations Excluded 9. Cooperation
Why Consider using the Interim New Owner Policy?
• Significant penalty reductions and certainty• Expanded range of violations covered• No gravity-based penalties if all nine of the Policy’s conditions
are met• Reduction of gravity-based penalties by 75% if conditions #s
11 | © 2010 Seyfarth Shaw LLP
Reduction of gravity based penalties by 75% if conditions #s 2-9, but not #1 met
• Only economic benefit is for "avoided operation and maintenance costs" from the date of acquisition to the date of correction (not for delayed capital expenditures or with unfair competitive advantage)
• No recommendation for criminal prosecution
Who is a "new owner"?
• Prior to the transaction, it was not responsible for environmental compliance at the facility which is the subject of the disclosure, did not cause the violations being disclosed and could not have prevented their occurrence;
• The violation which is the subject of the disclosure originated
12 | © 2010 Seyfarth Shaw LLP
The violation which is the subject of the disclosure originated with the prior owner; and
• Prior to the transaction, neither the buyer nor the seller had the largest ownership share of the other entity, and they did not have a common corporate parent.
• Applies to both Stock and Asset deals.
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Interim New Owner Policy Conditions
1. Systematic Discovery (no longer required)2. Voluntary Discovery (OK as long as before the first instance when the
monitoring, sampling or auditing is required)3. Prompt Disclosure
1. For violations discovered pre-closing, up to 45 days after closing2. For violations discovered post-closing, up to 21 days after discovery or within
13 | © 2010 Seyfarth Shaw LLP
45 days after the transaction closing4. Independent Discovery and Disclosure (no change)5. Correction and Remediation (no change)6. Prevent Recurrence (no change)7. No Repeat Violations (no change)8. Certain Violations Excluded (OK as long as no fatality, community evacuation,
serious bodily injury or catastrophic event)9. Cooperation (no change)
Other Highlights
• If the new owner enters into an audit agreement with the EPA before nine months following the closing date, then disclosures can be made pursuant to time frames contained in the audit agreement.
• Handled by EPA Headquarters not EPA Regional Offices
14 | © 2010 Seyfarth Shaw LLP
Handled by EPA Headquarters, not EPA Regional Offices.• EPA will not request audit reports from those who disclose
under the Audit Policy. • State audit policies also exist. See
http://www.epa.gov/region5/enforcement/audit/stateaudit.html
Thanks!
Eric E. Boyd Seyfarth Shaw LLP
131 S. Dearborn Street
15 | © 2010 Seyfarth Shaw LLP
Suite 2400 Chicago, Illinois 60603 312-460-5903 (Direct) 708-574-2619 (Cell)
eboyd@seyfarth.com
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GENERATOR ISSUESIndiana Regulatory Update
Cathy CsatariIDEM
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Indiana Department of Environmental Management
Office of Pollution Prevention & Technical Assistance
Office of Solid Waste• Agricultural & Solid Waste Compliance • Auto Salvage • Confined Feeding Operations (CFOs/CAFOs) • Hazardous Waste • Industrial Waste • Reporting Requirements • Solid Waste • Underground Storage Tanks
www.idem.IN.gov/4110.htm
Amendments to 329 IAC 11 Solid Waste Processing Facilities
Changes made to clarify existing rule language• Definitions• Exclusions• Zoning requirements• Application/design standards• Operating standards• Closure and post closure requirements• Changes went into effect July 2010
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Amendments to 329 IAC 11 Solid Waste Processing Facilities
Clarity Changes• Definition of major/minor modification• Exclusion of transfer and storage of enclosed (not‐opened)
containers with solid waste other than municipal solid waste
• Modification to zoning requirements• Expiration of permit if construction of the facility is not
begun within a reasonable time frame
Amendments to 329 IAC 11 Solid Waste Processing Facilities
Application requirement and design standards• Information submitted on a plot plan at 329 IAC 11‐9‐2(h)
Requirements for the facility to be in an enclosed building with lockable doors
• Waste processing and storage area to be constructed with an impermeable surface for the floor
• Liquid waste and wastewater holding areas to be equipped with secondary containment or spill prevention procedures, or both
Amendments to 329 IAC 11 Solid Waste Processing Facilities
Operating standards• Information required on the facility sign• Floor cleaning in the loading areas so waste and waste
residues are contained• Emergency or contingency procedures for spill, fire, and
contaminant release• Closure and post‐closure standards
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Amendments to 329 IAC 11 Solid Waste Processing Facilities
Consistency Changes• Definitions• Application procedure at 329 IAC 11‐9‐1(d)• Miscellaneous provision concerning solid waste management in 329 IAC 11‐15
• Establish financial assurance with the preoperation requirements
New Rules Academic Lab Waste 329 IAC 3.1‐7
• Incorporated by reference 40 CFR 262 Subpart K • No modifications or changes• Effective Sept. 26th 2010
New RulesUnderground Storage Tanks 329 IAC 9‐4.5
• Allows IDEM staff to affix red tags to USTs in situations dealing with chronic failure to complydealing with chronic failure to comply
• Prohibits delivery of new fuel into USTs with red tags until violations are addressed
• Rule went into effect June 7, 2010
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Rules Under Development Underground Storage Tanks
• Drafting rule at 329 IAC 9‐9 concerning training of operators who operate and maintain USTs
• IDEM is proposing operator training for three classes of UST operators, Class A, Class B, and Class C
• Operators must be trained in certain subject specific to their classification
• Draft rule being written based on public comments received from first request for public comment
Rules Under DevelopmentMobile Home Salvage Operations
• Drafting rule at 329 IAC 11.5 concerning the registration of mobile home salvage operations
• Would create mechanism for registration rather than solid waste processing permit
• Require facilities to register, implement best management practices
• Facilities would have to obtain closure and financial assurance
• First notice of public comment posted May 2010
Rules Under DevelopmentTemporary Storage of Lead Acid Batteries
• Drafting rule at 329 IAC 3.1‐11.1• Provides management requirements for temporary• Provides management requirements for temporary storage of lead acid batteries
• Would require that large quantity storage facilities notify IDEM of the location of the storage site
• Limits storage time at intermediate storage facilities• Awaiting public hearing after publishing proposed rule
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Rules Under DevelopmentHB1112: Land Application of Industrial Waste Products
• Provides that the department and the environmentalProvides that the department and the environmental rulemaking boards may allow a person to use industrial waste products in a land application operation or as ingredients in a soil amendment or soil substitute to be land applied under certain circumstances
Office of Land Quality Activities
• Clean Yard Program• Compliance Assistance (W.A.R.N.) • ERC
Clean Yard Program
• ≈ 500 Auto Salvage Yards in Indiana• Initial compliance evaluation (multimedia)• Workbook, 3 workshops, DVD• Criteria for Clean Yard Recognition • Gold Level Awards• Follow‐up on non‐participants• Currently have 7 Gold Level facilities
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IDEM Industrial Waste Compliance Program
WARN Compliance AssistanceInitiative
Compliance Assistance (W.A.R.N.)
• Worker Adjustment and Retraining Notification (WARN)Notification (WARN)
• OLQ site visit prior to closure• Contact with owners/operators• State Cleanup
Waste Focus• Tanks• Pits & trenches• Labs• Process lines• Unused/overstocked/off‐spec materials• Waste storage areas• Sludges, dusts, oils, bottoms, ends, heels
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Results• 137 companies on W.A.R.N. list• 50% determined “at risk”• 42% identified as generating wasteg g• 28% of inspected facilities had compliance issues• 190,000 pounds of waste generated due to closing• One company with 4 sites declaring bankruptcy with intention to abandon their waste and hazardous products. After visiting with IDEM they properly managed the waste.
4 Facilities identified for removal action
Environmental Restrictive Covenant • Came out of HB 1162 from 2009
– Sampling requirements are based on the remediation objectives– Free product removal not necessarily required depending on
i krisks– Closure may include ongoing obligations or “conditions subsequent” that must be performed or maintained
– Remedies that manage risk and control exposure may be proposed in lieu of, or in addition to, reducing contamination to closure levels
IC 13‐25‐8.5(e) The department shall consider and give effect to restrictive covenants (ERCs) and environmental restrictive ordinances (EROs) in evaluating risk based remediation proposals
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Environmental Restrictive Covenant • Legal document that lists the restrictions that must be met and
complied with by the property owner in lieu of removal of contaminationR t i ti l t d b d th it diti ( D t• Restrictions selected based on the site conditions (ex. Do not use ground water, no residential use)
• ERCs “run with the land”‐ they are binding on successor owners
• Signed by property owner and recorded at County Recorders office; becomes part of the title record
• Currently most common institutional control used in Indiana
Environmental Restrictive Covenant • IDEM lists sites/facilities that have institutional controls (ICs)
with links to locations and ERC documents on IDEMs virtual file cabinet
id IN /5959 htwww.idem.IN.gov/5959.htm• As of February 2010 over 300 holders of property had ICs• IDEM will schedule inspections based on severity of
contamination/ERC• Inspections of hazardous waste facilities will include
inspections of ERCs if present at facility
Common Hazardous Waste Violations
• Lack of a proper waste determination • Satellite containers not properly managed/markedp p y g /• Containers not marked with the words “Used Oil”• Hazardous waste containers not marked with the start of accumulation date
• Lack of training or training documents
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Common Hazardous Waste Violations
• Containers not marked with the words “Hazardous Waste”
• Lack of a proper contingency planLack of a proper contingency plan • Hazardous waste containers not closed• Release of contaminants • Universal waste improperly managed
On‐line Assistance Tools
• Guidance, interpretations, and fact sheets• Hazardous Waste Preliminary Screening/ Self‐y g/Audit Checklist
• Self‐Disclosure and Environmental Audit Policy
www.idem.IN.gov/5026.htm
Compliance and Technical Assistance Program
• Established to help Indiana businesses achieve compliance with environmental regulations p g
• Has experts on air, water, and waste regulations• Are knowledgeable about current environmental issues and new technologies
• Can assess the environmental compliance of your entire facility or we can help you address concerns about a particular process or regulation
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Compliance and Technical Assistance Program
• Online resources include:Manuals by industrial sector– Manuals by industrial sector
– Rulemaking summaries– Indiana Small Business Guide to Environmental, Safety and Health Regulations
–Calendar of compliance dateswww.idem.IN.gov/4108.htm
Questions?
Cathy Csatari (219) 757‐0274
ccsatari@idem.IN.gov
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WASTE MINIMIZATIONAND POLLUTIONPREVENTION
Illinois Governor’s AwardAchievements
Deb JacobsonIllinois Sustainable Technology Center
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WASTE MINIMIZATIONAND POLLUTIONPREVENTION
Illinois Governor’s AwardAchievements
Burt KleinPortionPac Chemical Co.
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Pollution Prevention and PortionPac
©2009 PortionPac Chemical Corporation, All Rights Reserved.
RCRA and the Greening of Waste Conference
May 26, 2011
A Brief History
Over 45 Years of ExperienceFounded on Environmental PhilosophyImprove Health, Reduce Waste and Environmental Footprint
©2009 PortionPac Chemical Corporation, All Rights Reserved.
Great ImpactPackaging
CardboardPlastic
©2009 PortionPac Chemical Corporation, All Rights Reserved.
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Packaging ReductionsExample
By re-using one 32 oz. bottle of one product you can prevent 100 pounds of plastic from going into
©2009 PortionPac Chemical Corporation, All Rights Reserved.
p g gthe waste stream for every 528 quarts used
Education
©2009 PortionPac Chemical Corporation, All Rights Reserved.
Look at ourselves
©2009 PortionPac Chemical Corporation, All Rights Reserved.
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Governance
Sustainability HelixMU-DA
©2009 PortionPac Chemical Corporation, All Rights Reserved.
Our Product
Green Seal FormulationsPackaging Waste Reduction
Outer Case 70% eliminatedInside Cushion Change
©2009 PortionPac Chemical Corporation, All Rights Reserved.
Carbon Footprint
FleetChanged VehiclesRouting
BuildingRe-lampingInsulated Roof
OffsetREC
©2009 PortionPac Chemical Corporation, All Rights Reserved.
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Communication
Internal Education & MarketingSpeaking and WritingVideo ConferencingOnline Education
©2009 PortionPac Chemical Corporation, All Rights Reserved.
Better Prepared for the New Economy
©2009 PortionPac Chemical Corporation, All Rights Reserved.
Burt KleinPortionPac Chemical CorporationPortionPac Chemical Corporation
bklein@portionpaccorp.com
©2009 PortionPac Chemical Corporation, All Rights Reserved.
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WASTE MINIMIZATIONAND POLLUTIONPREVENTION
Illinois Governor’s AwardAchievements
Kristin PelizzaNavistar, Inc.
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Waste Minimization and Pollution Prevention - Illinois Governors’ AwardPrevention Illinois Governors AwardKristin J PelizzaEnvironmental ManagerNavistar Engine GroupMelrose Park, Illinois
Melrose Park Plant
• Original Construction: 1941• Manufacturing Space: 1.5 million ft2
• Acreage: 70• Annual Capacity: 80,000+ unitsp y ,• Number of Employees: 1,420 • Union Affiliations:
• United Auto Workers• International Brotherhood of Teamsters• International Union of Operating Engineers
2
The Melrose Park Facility manufactures in-line 6 cylinder mid-range diesel engines
The facility is the headquarters for Navistar’s Engine Engineering and is home of Green Diesel TechnologyGreen Diesel Technology
First diesel manufacturer in North America to be ISO 14001 certified
14-time Governor's Award Winner for Pollution Prevention
3
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“Navistar’s goal is to be acknowledged as an Environmentally Responsible Corporate Citizen by regulators, neighbors, employees and all stakeholders.”“
Our operating principles:
– Compliance is baseline. Non-compliance is not an option
– Actions taken must be protective of human health and the environment.
– Environmental projects must be cost effective
4
Pollution Prevention/Sustainability Process
5
http://www.ec.gc.ca/planp2-p2plan/default.asp?lang=En&n=56875F44-1&offset=2&toc=show
Illinois Governors’ Award Projects
• Melrose Park Plant has received 14 Illinois Governors’ Awards
–Fuel bleed recoveryFuel bleed recovery–Engine paint reduction–Water conservation–Energy efficient projects
6
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Diesel Fuel Bleeding Recovery Project
• Hot test 100% of production engines in test cells• Eight test cells in production• During the fueling process, the fuel system traps air
pockets within the fuel lines and injectors• In order to get engines to start properly, these air
pockets must be removed by flushing, or bleeding, out fuel
• 0.53 gallons flushed out during the bleeding process
7
8
Annual Savings
35,510 gallons of diesel fuel • $124,285 in fuel costs• $71 000 in disposal costs• $71,000 in disposal costs
9
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Engine Paint Reduction
• 4 engines per gallon of paint• Average of 69,000
engines/annually• Using approximately 17,250Using approximately 17,250
gallons of paint per year• 48,300 lbs of VOM annually• 50 cubic yards of waste paint
sludge• Average annual cost of paint
and waste disposal =$300,000
10
Engine Paint Reduction
• Identify engine areas that need to be protected • Select paint that satisfies customer specifications
– Cost effective– Rust preventative– Rust preventative
• Select paint that satisfies company specifications– Process and quality standpoint– Environmentally friendly
11
Engine Paint Reduction
12
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Engine Paint Reduction
• 23 engines per gallon of paint• Average of 69,000
engines/annually• Using approximately 3,000Using approximately 3,000
gallons of paint per year• 9,870lbs of VOM annually• 14.5 cubic yards of waste paint
sludge• Average annual cost of paint
and waste disposal =$170,000
13
Engine Paint ReductionClear Coat Blue
Engine/Gallon 23 4
Paint Usage ( / )
3,000 17,250
14
(gallons/year)
VOM (lbs/year) 9,870 48,300
Paint Waste (cubic yards/year)
14.5 50
Cost 170,000 300,000
T8 Lamps and Electronic Ballasts Energy Savings• Convert remaining T12 48” fluorescent fixtures to T8 Extended Life
Lamps with Programmed Rapid Start electronic ballasts– Ballasts have 5-year warrantyBallasts have 5 year warranty– Lamps have 3-year warranty – Lamp and ballast combination extends the life of the lamp from
20,000 to 29,000 hours– Retrofitted fixtures will produce 28% more light while
consuming approximately 36% less energy
15
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T8 Lamps and Electronic BallastsCost Savings• Combination of lamps and ballasts reduce 3rd party contractor
cost by $1,800/month=$21,600 annually• Qualified for a rebate of $7 for each 4’ T12 lamp under ComEd• Qualified for a rebate of $7 for each 4 T12 lamp under ComEd
Smart Ideas Program – 3,100 ballasts and 10,400 lamps replaced in 90 days– Received $73,227 rebate
• Estimated $74,119 annual energy savings (using $0.075 kWH)
16
Air Compressor Room Project
• Three compressors running at different capacities and different times during all shifts creating 110 psi
• System was set at 110 psi in order to maintain 96 psi in assembly because of the unreliability of the compressor control equipment
• Original electrical operating cost per week was $8278.48
17
Air Compressor Room Project• New PLC Based Control system allows all four compressors to
be maintained at the same time under one system• Lowered system pressure from 110 to 102 while maintaining an
estimated 99 – 100 psi in assembly because of the tight control• New electrical operating cost per week is $4981 08• New electrical operating cost per week is $4981.08• Net savings per week is $3297.40• Net saving per year is $171,464.80
18
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Pollution Prevention Project Ideas
• Internal resources• Review processes• ISO/internal audits • Outside organizational resources• Outside organizational resources• Federal/state/local programs
19
Questions ?
20
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KEYNOTE SPEAKER
Mark DurnoUS EPA Region 5
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Enbridge Line 6BIncident
Response pOverview
andCleanup
May, 2011
National Response Report◦ Initial Report from RP: 19,500 Barrel Oil Spill in Marshall, MI◦ On Call OSC in Westlake, Ohio, 4 Hour Response Time◦ OSC on Removal Site in western Michigan, 2 Hour Response
Time
JULY 26, 2010
Responsible Party◦ Enbridge Energy Partners, based in Calgary, Alberta, CN◦ Line 6B is a 30-inch, 283,000 barrels/day line transporting
light synthetics, heavy and medium crude oil from Griffiths, IN to Sarnia, Ontario.
◦ The pipeline where the break occurred is 41 years old.
Line 6B rupture point* Over 80 river miles from Lake Michigan
Enbridge Pipeline System
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Unified Incident Command◦ U.S. EPA-Region 5◦ Michigan State Police◦ Michigan Department of Natural Resources and
ORGANIZATIONAL RESPONSE STRUCTURE
Environment◦ Calhoun County Emergency Management◦ Calhoun County Public Health Department◦ Kalamazoo County Sheriff’s Office◦ City of Battle Creek◦ Enbridge
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Unified Command
U.S. EPAMDNREMichigan State Police EmergencyManagement DivisionCity of Battle Creek
Cooperating and Assisting Agencies
ATSDRCalhoun Conservation DistrictCalhoun County CommissionCity of Kalamazoo
Calhoun County Public HealthDepartmentCalhoun County Emergency ManagementKalamazoo County SheriffEnbridge (Responsible Party)
Marshall Police DepartmentMarshall Township Government and FireDepartmentMichigan Department of AgricultureCity of Kalamazoo
City of MarshallEmmett TownshipFredonia TownshipKalamazoo County Office of EmergencyManagementMarshall Area Firefighters Ambulance AuthorityMatch-E-Be-Nash-She-Wish Band of Potawatomi IndiansNattawaseppi Band of Potawatomi IndiansPokagon Band of Potawatomi IndiansBand of Potawatomi Indians
g p gMDCHNOAAOakland County HAZMAT/RRTNPHMSAUSCGU.S. Department of the Interior/USGSUSFW
Response Organization - ICP
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WildlifeRecovery
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Longer TermIssues
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Personnel on site:
Oil / water collected:
2,500
15 million gallons
Soil / Debris collected:
Boom in water:
Dredging water treated:
104,000 cu yds
171,000 feet
14 million gallons
Heavy Equipment:◦ Bulldozers, loaders,
excavators, etc.
Vacuum Trucks and Tankers:
94 pieces
102Tankers:
Frac Tanks:
Watercraft:
126
267
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Thank YouThank You
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GREEN REMEDIATIONThe Federal Green
Remediation Initiative
Brad BradleyUSEPA Region 5 Green Remediation Ctr.
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The Federal Greener Cleanup Initiative
Brad BradleyU.S. EPA Region 5 Greener Cleanup Coordinator
bradley.brad@epa.gov
1
Estimated Number of Sites and Cleanup Cost2004-2033*
There’s Still Much Work to Do
NPL 736
RCRA-CA3,800
Total Sites = 294,000Total = $209 Billion
*http://cluin.org/market
DOE $35B
RCRA-CA$45B
DOD 6,400
DOE 5,000
Civilian Agencies
3,000UST
125,000
States & Private150,000
UST $16B
DOD $33B
NPL $32B
Civilian Agencies
$19B
States &Private
$30B
2
Superfund Strategy: Overview
• Sets out the Superfund Program’s plans to promote green remediation practices during site cleanups without compromising cleanup goals
• Covers three areas: P li d G id– Policy and Guidance
– Resource Development and Program Implementation– Evaluation
• Includes 10 “Key Actions”; each action includes several implementation activities (46 total)
3
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Superfund GR Strategy10 Key Action Items
1. Clarify the role of green remediation in remedy selection, and recommend potential statutory and regulatory changes
2. Develop a compendium of practices and tools to help project and Program managers integrate green remediation practicesp
3. Develop Program incentives to encourage use of green remediation practices
4. Address air pollutants and diesel emissions
5. Develop pilot projects to evaluate and demonstrate green remediation applications
4
Superfund GR Strategy10 Key Action Items
(continued)
6. Establish incentives to encourage contractors, assistance agreement recipients, and others to use green remediation practices
7. Communicate and share success stories and lessons learned among “implementers” across the Program and the publicamong implementers across the Program and the public
8. Evaluate green remediation application at the site level
9. Develop Program evaluation measures
10. Evaluate the Superfund Green Remediation Strategy
5
Green Remediation Activities Underway
• Baselines, measures, and metrics• Multiple cross-program and regional workgroups
– CCCL (plus subgroups)– GCS (plus subgroups)– Superfund GR (plus subgroups)
• Collaboration with FRTR, ITRC, ASTSWMO• Engineering Forum “GR review and technical support”
capability• New incentives (ER3, States, etc).• Model contract and enforcement provisions• Remedy-specific green remediation “cheat sheets’
6
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More Information
http://www.cluin.org/greenremediationwww.epa.gov/superfund/greenremediation
7
Region 5 Interim Greener Cleanup Policy
• Policy-Signed on November 12, 2009• The Policy encourages cleanup practices that: • Employ energy conservation and efficiency
approaches, including Energy Star equipment and renewable forms of energy to the maximumand renewable forms of energy to the maximum extent possible;
• Use cleaner fuels, diesel emissions controls and retrofits, and emission reductionstrategies;
• Utilize practices that minimize the production and/or use of contaminants/pollutants;
• Utilize water conservation and efficiency approaches including WaterSense products; 8
Continued
• Divert from landfill, via reuse and recycling, at least 50% (by weight) of the uncontaminated construction and demolition (C&D) materials generated at the site;I t i t ll t i bl it• Incorporate environmentally sustainable site design, including use of compost for erosion control and as a soil amendment and use of native plants during re-vegetation;
• Use compost and foundry sand in manufactured soils purchased for use on the site in an environmentally safe manner;
9
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Continued
• Utilize industrial materials, such as foundry sand, recycled asphalt shingles, recycled concrete aggregate and coal combustion products, and products with recycled content within regulatory requirements and in anwithin regulatory requirements and in an environmentally safe manner;
• Utilize assessment tools and techniques, such as geophysical methods and direct push sampling apparatus, that minimize energy consumption and time required to perform environmental assessments on potentially contaminated sites;
• Use environmentally preferable purchasing;10
Continued
• Ensure high efficiency methane recovery from landfills and use of methane as a fuel source;
• Use Environmental Management System (EMS)practices such as reducing the use of paper by
i t f ll l t i t itt l f j tmoving to fully electronic transmittal of project documents and implementation of waste reduction and recycling programs at all work sites; and
11
Ongoing National and Regional Activities
• NATIONAL• Use of Renewable Energy at Fund-Lead
Superfund Sites• BMP Fact Sheets• BMP Fact Sheets• Environmental Footprint Analyses• ASTM Greener Cleanup Standard Guide
• REGIONAL• Incorporating Smartway
12
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13
Air Tabs
14
Air Tab Close-up
15
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Continued
• REGIONAL• White Papers-C&D Materials Recovery;
Sustainable Materials Use and Site Design; and Use of Reclaimed Materials in Fills andUse of Reclaimed Materials in Fills and Pavements
• Pilot Studies- Fisher-Calo and Mallard North Landfill
16
17
18
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Questions?
•
Brad Bradley
19
Brad Bradleybradley.brad@epa.gov
312-886-4742
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GREEN REMEDIATIONState of the Practice and
Project Examples
John HesemannBurns & McDonnell
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Green & Sustainable Remediation
St t f th P tiState of the Practice& Project Examples
John Hesemann, P.E.Burns & McDonnell Engineering
Overview
GSR Overview• Terminology & Concepts• Initiatives (ITRC & AFCEE)
Project Examples• Remediation at Former NOP in Mead, NE• Focused SVE/DPE
– Camp Crowder Former Engine Test Area– Former CMPSC
• Bio-Sparge Barrier for Pipeline Release Site in KS
Terminology & Definitions
Sustainable Remediation
Triple Bottom Line (from SURF, 2009)
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Terminology & Definitions
Green RemediationThe practice of considering all environmental effects of remedy implementation and incorporating options to maximize net environmental benefit of cleanup actions (EPA 2008)(EPA, 2008).
• Subset of Sustainable Remediation
• Focused on resource conservation, carbon footprint reduction, beneficial use, etc.
• Technology driven
Terminology & Definitions
Sustainable Remediation Concepts• Redevelopment of cleanup sites
• Affects remediation technology screening, selection, and design
Public/Property Owner Involvement• Public/Property Owner Involvement• Beneficial use/re-use decisions
• Mutually beneficial property improvements (water impoundments, utility upgrades, out-buildings, etc.)
• Renewable energy generation
• Use of local suppliers & contractors
• Parks and greenspace
Initiatives
Interstate Technology Regulatory Council (ITRC)• GSR Overview Document
– Completed and awaiting publishing
• Technical & Regulatory Guidance Document (2011)D ft C l t d– Draft Completed
– Submitted to State POCs for comment
• Internet-Based Training (2011)
• Next Potential Team Objective: Develop a “Green Standard” – LEED-type standard– How green is green enough?
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InitiativesU.S. Air Force (AFCEE)• Over 50% of the current Air Force remediation systems in
place are considered green1
• Developed Site Remediation Tool (SRT™)• Currently supports 8 technologies• Technology based• 2 Tiers of Evaluation
• Performance Tracking Tool (PPT)• Currently supports 6 technologies
• Renewable Energy Tool – “Clean Sweep”• CLEAN Solar and Wind Energy in Environmental Programs• Used to make “Go / No-Go” decisions and design recommendations for
the use of renewable energy in remediation projects 1http://www.afcee.af.mil/resources/technologytransfer/programsandinitiatives/sustainabler
emediation/greenandsustainableremed/index.asp
Containment SystemFormer NOP – Mead, NE
Containment SystemFormer NOP – Mead, NE
Green Remediation Elements• Treated groundwater is utilized by municipal,
university, and private landowners for irrigation & fire protection.– Approximately 170 millions gallons used for irrigation (per
season)
• In-Situ treatment pilot studies– Enhanced-Bioreduction Treatment systems
– Zero-valent Iron PRB
– Geo-siphon
– May reduce pumping timeframe (groundwater diversion, O&M costs, energy use, etc.
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Pilot StudiesFormer NOP – Mead, NE
Pilot Studies – Area 1Former NOP – Mead, NE
Pilot Studies – Area 2Former NOP – Mead, NE
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Pilot Studies – Area 2Former NOP – Mead, NE
Pilot Studies – Area 2Former NOP – Mead, NE
Containment SystemFormer NOP – Mead, NE
Other Green Remediation Elements• Coconut carbon used for air stripper emissions
treatment• Hydra-sleeve™ samplers used for groundwater y p g
monitoring• Wind turbine design nearing completion
– Approx. 30% of energy generated by turbine be used for remediation
• Energy Efficiency Study currently underway• Treatment plant and sampling recycling program
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Containment SystemFormer NOP – Mead, NE
Sustainable Remediation Elements• Quarterly & Semi-Annual Public Meetings
– Open Houses with Presentations
– Plant tours
– Bus Tours
• Use of local vendors, subcontractors (drillers & geologists)
Focused SVE/DPE USAEC - Camp Crowder, MO
GSR Aspects• Recognized by Army Environmental Division -
Installation Services Directorate for GSR practices
• Efficient Operation – Rigorous data collection & optimization
• Performance-Based shutdown criteria – Shutdown at point of diminishing returns
• Communication among stakeholders
Focused SVE USAEC - Camp Crowder, MO
Mobile SVE- Operated at 3 soil source areas- 400 lbs of VOCs removed over 14.5 months
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Focused SVE USAEC - Camp Crowder, MO
Mobile SVE- Mobile generator power- Minimal infrastructure
Focused SVE USAEC - Camp Crowder, MO
Mobile LNAPL Recovery- Existing MWs used for extraction-Minimal LNAPL thickness after 6 months-On-site groundwater treatment via small GAC units
Focused SVE USAEC - Camp Crowder, MO
Mobile LNAPL Recovery- 11,000 lbs of VOCs removed in 2.5 years-System relocated and reused on subsequent AEC project.
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Focused SVE USAEC – Former CMPSC - Granite City, IL
Focused SVE USAEC – Former CMPSC - Granite City, IL
• Strategic indoor well placement
• Electric drill rig
Biosparge Containment SystemPipeline Release: Kansas
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Biosparge Containment SystemPipeline Release: Kansas
GSR Aspects
• In-Situ Bio-Barrier
• Protective of natural resource
• Low carbon footprint (could be lower)
• Very low O&M
• Low cost ($115,000 installed)
• Minimal disruption to environment
Biosparge Containment SystemPipeline Release: Kansas
Biosparge Containment SystemPipeline Release: Kansas
• 250-feet long
• 50-foot pilot section
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Biosparge Containment SystemPipeline Release: Independence, Kansas
Biosparge Containment SystemPipeline Release: Kansas
Q ti ?Questions?
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Acknowledgements
• AFCEE• ECC• USAEC• USACE – K.C. District
References
• USEPA (2008). “Green Remediation: Incorporation Sustainable Environmental Practices Into Remediation of Contaminated Sites”.Technology Primer EPA/542/R-08/002.
• ITRC. (2010). “DRAFT - Green and Sustainable Remediation: State of the Science and Practice”. Overview Document ITRC
• USEPA. (2009) “Superfund Green Remediation Strategy”. ReportUSEPA. (2009) Superfund Green Remediation Strategy . Report EPA
• SURF. (2009). “Sustainable Remediation White Paper – Integrating Sustainable Principles, Practices, and Metrics Into Remediation Projects”. REMEDIATION Summer 2009, pgs 5-114.
• USACE. (2010). “Decision Framework for Incorporation of Green and Sustainable Practices Into Environmental Remediation Projects”. Report USACE
• Smith, D. (2009). “E50.04 New Task Group for WK23495, Green Cleanup at Waste Sites”. Memo ASTM E50 Committee
References
• USEPA. (1998). “Technical Protocol for Evaluating Natural Attenuation of Chlorinated Solvents in Ground Water”. Report EPA/600/R-98/128.
• USEPA. (2000). “Engineered Approaches to In Situ Bioremediation of Chlorinated Solvents: Fundamentals and Field Applications”. Report EPA/542/R-00/008.B t D (2007) “CAP18 METM A N S b t t f Sti l ti• Bryant, D. (2007). “CAP18-METM: A New Substrate for Stimulating Anaerobic Biodegradation”. Columbus, OH: Battelle Press.
• Remediation. “Sustainable Remediation Panel – Measuring the Social and Economic Benefits of a Sustainable Remediation Project”. Winter 2010 edition, Volume 21, Number 1, Hoboken, NJ: Wiley Periodicals, Inc.
• AFCEE. (2011). Sustainable Remediation web page. http://www.afcee.af.mil/resources/technologytransfer/programsandinitiatives/sustainableremediation/greenandsustainableremed/index.asp
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CONSTRUCTIONDEBRIS MANAGEMENT& DISPOSAL
Construction and DemolitionDebris Management
Gary DykeRepublic Services, Inc.
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Gary Dyke - Presenter
Republic Services, Inc. is a leading provider of solid waste collection, transfer and disposal services. The Company's various operating units are focused on providing environmentally sound and cost effective service to commercial, industrial, residential and municipal customers.
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To begin, C&D debris is unloaded and fed through a Vecoplan industrial shredder which reduces material to 17 inches or smaller.
The material is then moved by conveyor to the initial sorting lines where cardboard and rejectslines where cardboard and rejects are removed by hand and deposited into individual chutes
The facility can process up to 1,500 tons of C&D debris daily.
Materials such as cardboard, plastics and large metals are removed by hand and separated into individual containers
Sorters remove corrugated cardboard and plastic off the sorting line and anything that can cause problem inanything that can cause problem in the system, for example carpet, plastic bags, wire, scraps
Workers at this station play a vital role ensuring non recyclable materials do not enter the work system.
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Fine materials are taken out and sent to another sorting line where metal particles are mechanically removed using a magnetic processprocess.
Materials larger than 2.5 inches continue through the system.
An air flow system is used to remove light fractions such as plastic bags, paper and Styrofoam.
Mixed light materials are sent to a secondary line where they will have a final sort before going to the water bath treatment.
Paper taken out will join cardboard that has been previously sorted manually. These finished materials reach the bailer where material is compacted for transport.
Heavy materials such as concrete and brick continue through the system, which a magnetic device removes all ferrous metals.
Ferrous metals such as screws nailsFerrous metals, such as screws, nails, staples and metal rods are removed magnetically and sent to a chute—and make up the majority of ferrous metal in C&D loads.
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Water jets in the tank push floating material onto the surface
Sinking fractions are directed onto a submerged conveyor and carried out for downstream applicationsfor downstream applications
A screen removes excess water from ejected materials and collected for reuse in the system.
The system recovers 98 percent of incoming wood
One interesting feature of this system is the water treatment unit, which filters waste water, recycles it and returns it to the flotation system—ysaving money and reducing environmental impact.
The water recycling system is very efficient where we only need to clean the tank about every 3- 6 months
A final inspection ensures wood is clean and free of debris before entering the shredder.
Shredding provides an effective solution for recycling costly wood waste into marketable wood fiber products.
Wood is the only 100 percent renewable, recyclable, reusable and biodegradable resource we have.
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Output material size ranges between 2 to 3 inch minus.
This facility has a 98 percent recovery rate of wood
Recovered wood is chipped or ground for use in multiple applications.
Finished material such as cardboard and plastic are collected and packaged into 1-ton bales for shipping to end-use manufacturers.
Recycling 1-ton of cardboard saves 9 cubic yards of landfill space and 46 gallons of oil.
Location: Chicago, Ill.
Process: Sorting of up to 1,500 tons of construction & demolition material per day
Benefits: Materials are reused and recycled in end markets as:
BiofuelWood pelletsLandscaping mulchLandscaping mulchAsphaltNew concrete Recycled cardboard products
Recognition: Illinois Sustainable Technology Center Governor’s Award for Sustainability
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CONSTRUCTIONDEBRIS MANAGEMENT& DISPOSAL
Municipal
Jennifer BurkeCity of Chicago
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Construction & Demolition Debris
Jennifer A. BurkeCity of Chicago, Law Department
Construction and Demolition Debris
• Debris generated during the construction, renovation, and demolition of buildings, structures, roads
• Concrete asphalt bricks wood metals• Concrete, asphalt, bricks, wood, metals, glass, building components, drywall, plumbing fixtures
• Commingled soil
Why do we care about C&D debris?• 24 years capacity at 47 Illinois landfills• 11 years capacity in Chicago metro area
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Illinois definitions
• Construction and Demolition Debris• General (GCDD)
• Section 3.160(a)• 415 ILCS 5/22.38 (1997)415 ILCS 5/22.38 (1997)
• Clean (CCDD)• Section 3.160(b)• 415 ILCS 5/22.51 (2005)• 35 Ill. Adm. Code Part 1100
CCDD Fill Operations
• Clean Construction or Demolition Debris Fill Operations• Section 22.51• “ no person shall use clean construction or• . . . no person shall use clean construction or
demolition debris as fill material in a current or former quarry, mine, or other excavation without a permit . . .”
CCDD Fill Operations• CCDD definition
(b) "Clean construction or demolition debris" means uncontaminated broken concrete without protruding metal bars, bricks, rock, stone, reclaimed or other asphalt pavement, or soil generated from construction or demolition activities. Clean construction or demolition debris does not include uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads provided the uncontaminated soil is not commingled with any clean construction or demolition debris or other waste. To the extent allowed by federal law, clean construction or demolition debris shall not be considered "waste" if it is (i) used as fill material ( )outside of a setback zone if the fill is placed no higher than the highest point of elevation existing prior to the filling immediately adjacent to the fill area, and if covered by sufficient uncontaminated soil to support vegetation within 30 days of the completion of filling or if covered by a road or structure, or (ii) separated or processed and returned to the economic mainstream in the form of raw materials or products, if it is not speculatively accumulated and, if used as a fill material, it is used in accordance with item (i), or (iii) solely broken concrete without protruding metal bars used for erosion control, or (iv) generated from the construction or demolition of a building, road, or other structure and used to construct, on the site where the construction or demolition has taken place, a manmade functional structure not to exceed 20 feet above the highest point of elevation of the property immediately adjacent to the new manmade functional structure as that elevation existed prior to the creation of that new structure, provided that the structure shall be covered with sufficient soil materials to sustain vegetation or by a road or structure, and further provided that no such structure shall be constructed within a home rule municipality with a population over 500,000 without the consent of the municipality. For purposes of this subsection (b), reclaimed or other asphalt pavement shall not be considered speculatively accumulated if: (i) it is not commingled with any other clean construction or demolition debris or any waste; (ii) it is returned to the economic mainstream in the form of raw materials or products within 4 years after its generation; (iii) at least 25% of the total amount present at a site during a calendar year is transported off of the site during the next calendar year; and (iv) if used as a fill material, it is used in accordance with item (i) of the second paragraph of this subsection (b).
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CCDD Fill Operations• Section 3.160(b) CCDD (2005):
• uncontaminated • broken concrete without protruding metal bars• bricks, rock, stone, asphalt pavement• commingled soil
• Not include:• “uncontaminated soil” . . . not commingled with
any clean construction or demolition debris or other waste
CCDD Fill Operations
• “Uncontaminated”• Not defined
• “Contaminant”Contaminant• any solid, liquid, or
gaseous matter, any odor, or any form of energy, from whatever source (Section 3.165)
Enforcement at CCDD Fill Operations
• People v. R.A. Cullian, PCB No. 09-105: “waste material that did not meet the definition of CCDD” - $16,000
• People v. E.F. Heil, PCB No. 09-110: “painted brick and concrete blocks with protruding metal” - $20,000p g
• People v. Reliable Sand & Gravel Co., PCB No. 09-129: “100 cubic yards of leaves and sod” - $15,000
• People v. Western Sand & Gravel Co., PCB No. 10-022: did not use PID device to check incoming loads - $3120
• People v. Land Reclamation Services, PCB No. 10-071: CCDD facility accepted soil “containing compounds at levels above background for urban areas”
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Changes to CCDD Statute
• Public Act 96-1416• Effective on July 30, 2010• Creates new category for
“uncontaminated soil fill operation”uncontaminated soil fill operation• current or former quarry, mine, or
other excavation where uncontaminated soil is used as fill material, but does not include a CCDD fill operation
• Requires rulemaking
Uncontaminated Soil Fill Operations
• Document for each load:Hauler, origin site, owner of origin siteWeight or volume of material receivedWeight or volume of material receivedReceipt dateMaterial not from a site participating in a regulated environmental remediation program
Uncontaminated Soil Fill Operations• Each soil load:
Visual inspection to confirm that only uncontaminated soil is being acceptedScreen for VOCs (PID/FID)Either:
Owner certification that origin site never used for commercial/industrial operations OREngineer certification that soil is “uncontaminated”
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Uncontaminated Soil Fill Operations• “Uncontaminated soil”
• new definition Section 3.160(c)• “soil that does not contain
contaminants in concentrationscontaminants in concentrations that pose a threat to human health and safety and the environment”
• rulemaking to specify maximum concentrations
2011 Rulemaking
• Statutory deadlines• July 30, 2011 – Agency to propose rules• One year after proposal – Board to adopt
rulesrules• Agency has been soliciting stakeholder
comments• Draft available at IEPA website
2011 Rulemaking
• Statutory requirements• Carcinogens: maximum concentration cannot
exceed 1 in 1,000,000 lifetime risk• Except background concentrations may beExcept background concentrations may be
used for benzo(a)pyrene (Table H)• Standards for protecting groundwater at fill
sites which may include: testing of soil, surface water runoff, liners or protective barriers, monitoring, etc.
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Chicago Ordinances
• C&D Recycling Requirements• Minimize construction waste and conserve
landfill spaceC t t lf tif 50% f d b i• Contractors self-certify 50% of debris recycled
• Penalty for failure to submit documents / failure to meet percentage
• 426,012 tons recycled (86%) in 2010• Chicago Municipal Code 11-4-1905
Chicago Ordinances
• January 2011 ordinance revisions• “Modified transfer station”: landscape
waste or C&D debris• 11-4-1527
• Temporary reprocessing authorization• 11-4-1935
• Class V recycling facility: storing and manual sorting of recyclable C&D debris
• 11-4-2540
Jennifer A. BurkeCity of Chicago Law DepartmentCity of Chicago, Law Departmentjennifer.burke@cityofchicago.org
312-742-3990
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HOT TOPICSBusiness Perspective of
Green Washing
Marilyn JonesConsolidated Printing
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Green‐wash (green’wash’, ‐wôsh’) – verb: the act of misleading consumers regarding the environmental
ti f d th i t l b fit practices of a company and the environmental benefits of a product or service.
Greenwashing is rampant in all segments of commerce such as Food Products and Services.
Greenwashing confuses and discourages the consumer.
Greenwashing hurts the companies that are truly green.
G hi di h d i h Greenwashing distracts the company doing the greenwashing from actually becoming green.
Greenwashing hurts the green marketplace by decreasing the trust in green products.
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Consumer demand for more environmentally responsible products is growing.
Sales of environmentally oriented products has increased.
Demand remains strong despite the economic downturnDemand remains strong despite the economic downturn.
Regulation and government action pending.
There are generally not industry wide standards for communicating environmental messages.
Does the company make it easy to understand their claims?
Are the claims accurate and not misleading?
Does the company have data to back up the claims?
Is the message honest and not self‐glorifying?
Sin of the Hidden Trade‐offA claim suggesting that a product is ‘green’ based on a narrow set of attributes without attention to other
important environmental issues.
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Sin of No Proof
An environmental claim that cannot be substantiated
by easily accessible supporting information
or by a reliablethird‐party certification.
Sin of Vagueness
A claim that is so poorly A claim that is so poorly defined or broad that its real meaning is likely to be misunderstood by the consumer.
Sin of Worshiping False Labels
A product that, through either words or images, gives the impression of third‐party endorsement where no
such endorsement exists; fake labels, in other words.
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Sin of Irrelevance
An environmental claim that may be truthful but is unimportant or unhelpful for consumers seeking
environmentally preferable products.
Sin of Lesser of Two Evils
A claim that may be true within the A claim that may be true within the product category, but that risks
distracting the consumer from the greater environmental impacts
of the category as a whole.
Sin of Fibbing
Environmental claims that are
simply false.
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Certifications are necessary to substantiate company claims for services, foods and products.
Eliminate the certifications that require zero lifi ti d th th t d t if th qualifications and those that do not verify the
information submitted.
Eliminate industry promoted green certifications, as they are typically self‐serving, certifications should be regulated by independent third party organizations.
Not all certifications are currently multi‐leveled. In the printing industry two examples are SGP and FSC.
An example of a multi‐leveled certification is the Green Restaurant Association here in Chicago.
Along with the certification, logo’s representing different levels would be used to indicate ratings in the certification program to the consumer.
Inspections are necessary, should be thorough and without warning.
For example, at the top level, there should be audits every year with drop‐in inspections.
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With regard to the issue of “green washing” it should be the role of the federal government to protect the citizens from false or misleading claims by unscrupulous or unknowing producers and/or vendors.
Greenwashing is illegal, it is a crime; it is false and misleading to consumers and professionals. There should be stronger sanctions.
Greenwashing would stop occurring with a set of standards that required transparency.
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HOT TOPICSE-waste
Jori PascarellaIntercon Solutions
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Jori Pascarella888-452-5642
•The Pulse on E-Waste
•Hidden Dangers
•State of Recycling Legislation
•Illinois Legislation
Jori Pascarella 888-452-5642
•E-Waste Recycling Drivers
•Where is the E-waste Industry Headed?
•Our Solution
In 2007, discarded consumer electronics amounted to about 4.5 billion pounds, as tracked in the Municipal Solid Waste Characterization Report.
Only about 18% of that amount was collected for recycling.
According to the US EPA: In 2005, about 61% of CRT monitors and TVs collected for recycling were exported.
http://www.epa.gov/epawaste/conserve/materials/ecycling/faq.htm#howmuch
Jori Pascarella 888-452-5642
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The average life of a computer is between 18 to 24 months.¹
Electronics recycling is now the fastest growing segment of the recycling industry.²
Approximately two million tons of electronic scrap is processed every year in the US according to Mark Neuville director of media relations and online communication at ISRI –the Institute of Recycling Industries.²
When a computer is shredded, as much as 30% of the end product cannot be reclaimed.²
¹Recycling Today. Bit by Bit. November 30,2010
² Are You in the Pallet or the Recycling Business? Introducing E-Recycling: The Fastest Growing Segment of the Recycling Industry. Rick LeBlanc. 2/1/2011 .
Jori Pascarella 888-452-5642
Electronics contain an array of toxic components including: Lead, Nickel, Cadmium, Beryllium, Mercury, and Brominated Flame Retardants.
Effect: Landfill Leaching – Polluting our land, air and waters
Solutions: 100% reclamation recycling through demanufacturing
Recyclers must have proper equipment, training and safety procedures in place when recycling electronics.
Dangers of Shredding: Lead dust & waste materials
When a computer is shredded, as much as 30%of the end product cannot be reclaimed.²
Solution: 3rd party auditing and certifications
Jori Pascarella 888-452-5642² Are You in the Pallet or the Recycling Business? Introducing E-Recycling: The Fastest Growing Segment of the Recycling Industry. Rick LeBlanc. 2/1/2011 .
Liability associated with exporting/chain of custody blurred
3rd world countries often bare the burden of waste when material is exported
Lagging worker safety and environmental standards
You lose the control of your data when it leaves your handsAsk yourself, “Who is at most risk when your data is compromised?”
Solution: Know how your recycler handles your dataAsk, “Are they certified?”
Complete physical destruction is the only way to guarantee 100% data destruction
Jori Pascarella 888-452-5642
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http://www.electronicstakeback.com/promote-good-laws/state-legislation/
Jori Pascarella 888-452-5642
Requires electronic manufactures and retailers to properly manage discarded electronic products, if they sell their products in Illinois.
Computers, monitors, televisions, & printers will be banned from landfill disposal January 1, 20122012.
Manufacturers must establish facilities that accept e-waste from consumers.
Civil penalty of up to $10,000 for each day of violation.
Jori Pascarella 888-452-5642
End of life electronics is the fastest growing waste stream
Electronics are manufactured with rare earth metals, recycling reduces our reliance on virgin mining
Everything within electronics can be recovered
The need to reduce toxic materials in our landfills/incinerators/3rd world countries
Data security concerns
Growing awareness of environmentally friendly options
Jori Pascarella 888-452-5642
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Stricter environmental regulations - state and federal legislationNo more landfillingNo more incinerationNo more exporting
Increased certification requirements (i.e. ISO 14001, R2, e-Stewards) ( , , )
Greater emphasis on data security
Increased manufacturer’s responsibility
Required proper documentation for recycling (i.e. Certificate of Recycling/Destruction)
Jori Pascarella 888-452-5642
Recycling Philosophy – “Know Where It Goes” – No Waste
Qualifications and Certifications
Processing Procedures
Process Capabilities
Data Security
Jori Pascarella 888-452-5642
Zero Waste - 100% Raw Material Recovery
No Landfilling
No Incineration
No Shredding
No Exporting
No Reselling
Jori Pascarella 888-452-5642
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INTERCON SOLUTIONS1001 Washington AvenueChicago Heights, IL 60411
• 225,000+ Square Foot• Completely enclosed• Appointments available to tour the facility and see the recycling process in action
Jori Pascarella 888-452-5642
Jori Pascarella 888-452-5642
Jori Pascarella 888-452-5642
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Jori Pascarella 888-452-5642
ISO 14001 Certified Environmental Management SystemISO 9001 Certified Quality Management SystemOHSAS 18001 Certified Occupational Health & Safety SystemAAA Certified by the National Association for Information Destruction (NAID)
Member NAIDR2 - Responsible Recycling – Fully supported by the U.S. EPARIOS R li I d t O ti St d d
Jori Pascarella 888-452-5642
RIOS - Recycling Industry Operating Standard
Equipment received, weighed and inventoried
Equipment is sorted, graded, & de-manufactured into the
grades below
Aluminum
Automotive, Recreational
Furniture Industry
Steel
Construction Projects
Copper
Wire Manufacturing
Industry
Lead
New Lead Solder
Manufacturing Industry
Gold
Electronics Industry
Misc. Precious Metals
Electronics Industry
Plastics
Plastic Lumber Manufacturing
Industry
Jori Pascarella 888-452-5642
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We handle all electronics
Complete data destruction – Certificate of Destruction provided
Capable of handling large volumes – no minimum or maximum quantity requirements
Pick- up available anywhere in the U.S. and Canada within 24 hours notice
Jori Pascarella 888-452-5642
Materials can be handled separately for individual load monitoring throughout the entire recycling process
Option to have electronic device make, model number, serial numbers, tag ID, etc…recorded during receiving process for detailed tracking and customized reporting
De-manufacturing: We disassemble each electronic item down to the base materials during our raw material extraction processAll hard-drives are separated and sent to our on-site hard-drive destruction areaHard-drives are individually fed through our hard-drive grinderAll data is destroyed during this process - Evidenced by a Certificate of Destruction
Data Destruction process is AAA Certified by the National Association for Information Destruction (NAID)Intercon Solutions is the only AAA NAID Certified electronics recycler with a national presence
Jori Pascarella 888-452-5642
Entire facility is monitored by Department of Defense approved closed circuit video surveillance system.
Our Solution"One-Stop-Shop” – We recycle all electronics and various types of universal waste materials
Complete De-manufacturing/100% Raw Materials Recovery -No Shredding, No Landfilling, No Exporting, No Reselling
Rigorous environmental and worker safety standards
C i t t d i k i h i th U S
Jori Pascarella 888-452-5642
Convenient next day pick-up service anywhere in the U.S. or Canada. International service available.
Ease of scheduling – Multiple representatives are available 7 days per week ready to assist you
Detailed material tracking methods and customized reporting
Certificate of Recycling/Destruction
Customizable solutions to fit any business
Certificate of Sustainability
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HOT TOPICSDefinition of Solid Waste and
Status of Coal Combustion Waste
David L. RieserMcGuireWoods, LLP
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Burning Questions: Secondary Materials in Combustion Units and the Status of the Coal Ash Proposal
www.mcguirewoods.com
David L. RieserPartnerMcGuireWoods LLPMay 26, 2011
Summary
• Identification of Non-Hazardous Secondary Materials that are Solid Waste when combusted
• Coal Combustion Waste Proposal
McGuireWoods LLP | 2
Secondary Material Rule
• Proposed:– June 4, 2010– 75 Fed. Reg. 31843
McGuireWoods LLP | 3
• Final:– March 21, 2011– 76 Fed. Reg. 15456– Effective, May 20, 2011
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Secondary Materials Rule
• Tied in with Boiler MACT, Incinerator rules• Originally, EPA tried to limit scope of solid waste
incinerator rules by excluding units that burned solid waste for energy recovery. – Initial rule excluded materials burned for energy
McGuireWoods LLP | 4
Initial rule excluded materials burned for energy recovery from solid waste definition
• Court invalidated definition rule and boiler/incinerator rules as well– NRDC v. EPA, 489 F. 3d 1250 (D.C. Cir. 2007)– Held CAA requires regulation of all units which combust
“any solid waste” for any reason
Secondary Materials Rule
• Purpose: to exclude classes of waste to energy facilities from solid waste incinerator rules under CAA
• Approach: Seek to exclude certain materials from RCRA definition of “solid waste” because they are not “di d d” d h i i li i d “l i i ”
McGuireWoods LLP | 5
“discarded” and their use is limited to “legitimate” recycling activities
• Solid waste definition here distinct from 40 CFR 261 solid waste definition; only applies to materials which would not be hazardous wastes if discarded
Secondary Materials Rule
• Traditional fuels excluded by definition– Materials produced as fuels and not previously used or
discarded• Fossil fuels, i.e. coal oil and gas and derivatives including
refinery coke oven gas
McGuireWoods LLP | 6
refinery, coke oven gas• Clean cellulosic biomass, i.e. wood, logging and sawmill
residuals, crops grown for energy production and crop residues
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Secondary Materials Rule
• Secondary materials are not solid wastes:– Materials used as fuel
• “Control of generator” includes facilities other than one where waste is generated at a facility controlled by the generator
– Scrap tires managed in an “established tire collection program”– Resinated wood used as fuel in “legitimate” recycling
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g y g– Ingredients used as a component of fuel in “legitimate recycling”– Discarded materials “processed” to use as fuel or a fuel ingredient
• Processing includes treatment or drying but does not include shredding– Materials specifically determined by EPA not to be “solid wastes”
Secondary Materials Rule
• Legitimacy criteria– Must be managed as a valuable commodity
• Cannot exceed “reasonable” storage time• Managed consistent with analogous fuel
Ad l i d l
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• Adequately contained to prevent releases
– Must have a meaningful heating value and used as fuel in an energy recovery unit
– Must have levels of contaminants similar to traditional fuels
Secondary Materials Rule
• Issues– Will rule be stayed?
• Boiler MACT, Incinerator rule both stayed
– Point of application?
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• After processing, before combustion
– Confusion with Subtitle C definition?
A&WMA LMSS - RCRA and the Greening of Waste 156 May 26, 2011
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Coal Combustion Waste
• Rule proposed June 21, 2010• Proposed handling CCW either as Subtitle C
(hazardous) waste or Subtitle D (solid) waste• Eight hearings held
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• 450,000 public comments filed• Congressional dismay• Final rule not expected until December, 2012
Questions or Comments?David L. RieserMcGuireWoods LLP77 West Wacker Drive
McGuireWoods LLP | 11
77 West Wacker DriveChicago, IL 60601312-849-8249drieser@mcguirewoods.com
www.mcguirewoods.com
© 2011 McGuireWoods LLP
A&WMA LMSS - RCRA and the Greening of Waste 157 May 26, 2011