Presents: RCRA and the Greening of...

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:

A&WMA LMSS - RCRA and the Greening of Waste 1 May 26, 2011

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


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


Air & Waste Management AssociationLake Michigan States Section

Thank You to theExhibitors for Their

Participation


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


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

2Bureau Veritas Presentation

► 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


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


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,


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.


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


► 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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► 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


Housekeeping

General visual inspection

Waste shipments



► 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


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)



► 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


• 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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► 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


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]


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


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


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


► 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


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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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]:


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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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]


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




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



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


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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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


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.



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


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



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.


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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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


p ;Hazardous Waste Contingency PlanNew employee and annual training for employees documentedConsider additional State requirements (i.e. annual report)



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


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



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


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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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)


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



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;


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.


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]


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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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


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.





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


► 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).


17



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


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



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


► 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


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


►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


18



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


► 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.



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


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


.


GENERATOR ISSUESState Inspection Issues

for Generators

Paul PursegloveIllinois EPA


6/9/2011

1

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

[email protected]

217-524-5597


6/9/2011

2A&WMA LMSS - RCRA and the Greening of Waste 35 May 26, 2011

6/9/2011

3

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


6/9/2011

4

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


6/9/2011

5

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


6/9/2011

6

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


6/9/2011

7

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


6/9/2011

8

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


6/9/2011

9

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.


6/9/2011

10

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


6/9/2011

11

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


6/9/2011

12

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


6/9/2011

13

Leaks or spills around tank systems

Tanks with inadequate secondary containment -- no high level alarm


6/9/2011

14

Inspection Walkthrough

• Emergency equipment– Fire extinguishers– Communication devicesCommunication devices– Spill cleanup equipment– Emergency eyewashes/showers– Equipment is maintained, tested and inspected


6/9/2011

15

Will Waste Samples Be Collected?

• Legal authority• You will be offered a split

Will There Be Photographs?

• Yes


6/9/2011


6/9/2011


6/9/2011

18

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


6/9/2011

19

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


6/9/2011

20

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?


.


GENERATOR ISSUESLegal Issues on theGenerator Horizon

Eric BoydSeyfarth Shaw, LLP


1

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)


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


2

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


• 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


• 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


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)


3

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)


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


• 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


• 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


4

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


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


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


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.


5

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


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


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


Suite 2400 Chicago, Illinois 60603 312-460-5903 (Direct) 708-574-2619 (Cell)

[email protected]


GENERATOR ISSUESIndiana Regulatory Update

Cathy CsatariIDEM


1

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


2


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


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


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


3


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


4

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


5

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


6

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


7

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


8

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


9

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


10

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

[email protected]


.


WASTE MINIMIZATIONAND POLLUTIONPREVENTION

Illinois Governor’s AwardAchievements

Deb JacobsonIllinois Sustainable Technology Center


.




Burt KleinPortionPac Chemical Co.


1

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


Great ImpactPackaging

CardboardPlastic



2

Packaging ReductionsExample

By re-using one 32 oz. bottle of one product you can prevent 100 pounds of plastic from going into


p g gthe waste stream for every 528 quarts used

Education


Look at ourselves



3

Governance

Sustainability HelixMU-DA


Our Product

Green Seal FormulationsPackaging Waste Reduction

Outer Case 70% eliminatedInside Cushion Change


Carbon Footprint

FleetChanged VehiclesRouting

BuildingRe-lampingInsulated Roof

OffsetREC



4

Communication

Internal Education & MarketingSpeaking and WritingVideo ConferencingOnline Education


Better Prepared for the New Economy


Burt KleinPortionPac Chemical CorporationPortionPac Chemical Corporation

[email protected]



.




Kristin PelizzaNavistar, Inc.


6/9/2011

1

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


6/9/2011

2

“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


6/9/2011

3

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


• 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


12


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• 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


KEYNOTE SPEAKER

Mark DurnoUS EPA Region 5


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1

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


GREEN REMEDIATIONThe Federal Green

Remediation Initiative

Brad BradleyUSEPA Region 5 Green Remediation Ctr.


1

The Federal Greener Cleanup Initiative

Brad BradleyU.S. EPA Region 5 Greener Cleanup Coordinator

[email protected]

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


2

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


3

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


4

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


5

13

Air Tabs

14

Air Tab Close-up

15


6

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


7

Questions?

•

Brad Bradley

19

Brad [email protected]

312-886-4742


GREEN REMEDIATIONState of the Practice and

Project Examples

John HesemannBurns & McDonnell


6/9/2011

1

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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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


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


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



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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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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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Mobile SVE- Mobile generator power- Minimal infrastructure


Mobile LNAPL Recovery- Existing MWs used for extraction-Minimal LNAPL thickness after 6 months-On-site groundwater treatment via small GAC units


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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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



• 250-feet long

• 50-foot pilot section


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Biosparge Containment SystemPipeline Release: Independence, 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


CONSTRUCTIONDEBRIS MANAGEMENT& DISPOSAL

Construction and DemolitionDebris Management

Gary DykeRepublic Services, Inc.


6/9/2011

1

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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2

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


CONSTRUCTIONDEBRIS MANAGEMENT& DISPOSAL

Municipal

Jennifer BurkeCity of Chicago


1

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


2

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).


3

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”


4

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”


5

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.


6

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 [email protected]

312-742-3990


.


HOT TOPICSBusiness Perspective of

Green Washing

Marilyn JonesConsolidated Printing


6/9/2011

1

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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4

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.


6/9/2011

5

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.


6/9/2011

6

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.


.


HOT TOPICSE-waste

Jori PascarellaIntercon Solutions


6/9/2011

1

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



6/9/2011

2

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 .


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



6/9/2011

3

http://www.electronicstakeback.com/promote-good-laws/state-legislation/


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.


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



6/9/2011

4

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)


Recycling Philosophy – “Know Where It Goes” – No Waste

Qualifications and Certifications

Processing Procedures

Process Capabilities

Data Security


Zero Waste - 100% Raw Material Recovery

No Landfilling

No Incineration

No Shredding

No Exporting

No Reselling



6/9/2011

5

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





6/9/2011

6


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


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



6/9/2011

7

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


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


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


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


HOT TOPICSDefinition of Solid Waste and

Status of Coal Combustion Waste

David L. RieserMcGuireWoods, LLP


1

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


• Final:– March 21, 2011– 76 Fed. Reg. 15456– Effective, May 20, 2011


2

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


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


• 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 ”


“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


• 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


refinery, coke oven gas• Clean cellulosic biomass, i.e. wood, logging and sawmill

residuals, crops grown for energy production and crop residues


3


• 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


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”


• Legitimacy criteria– Must be managed as a valuable commodity

• Cannot exceed “reasonable” storage time• Managed consistent with analogous fuel

Ad l i d l


• 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


• Issues– Will rule be stayed?

• Boiler MACT, Incinerator rule both stayed

– Point of application?


• After processing, before combustion

– Confusion with Subtitle C definition?


4

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


• 450,000 public comments filed• Congressional dismay• Final rule not expected until December, 2012

Questions or Comments?David L. RieserMcGuireWoods LLP77 West Wacker Drive


77 West Wacker DriveChicago, IL [email protected]

www.mcguirewoods.com

© 2011 McGuireWoods LLP


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