EPA Superfund Task Force Sees Successes

EPA Superfund Task Force Sees Successes

Aug 10, 2018

In a previous blog we discussed the plans EPA had for expediting the cleanups of Superfund sites in hopes of reducing costs, reducing delays caused by long studies, and speeding up the timeline for getting the lands turned over for redevelopment, reuse and community revitalization. On its one-year anniversary, EPA has published a progress report on the efforts of their Superfund Task Force.

Among the successes within the past year:

  • “Substantial progress” has been made on cleanup of 21 sites which were targeted for immediate and intense action;
  • Seven sites were deleted from the program and 2 were partially deleted. There are an additional 10 sites currently proposed to be added to that list;
  • Sites with human exposures are being tracked in real time on a dashboard-style webpage. An additional 24 sites were added to the list as having human exposures under control;
  • EPA listed 31 sites with the greatest reuse potential, and as a result, they received over 120 redevelopment-related prospective purchaser inquiries for these;
  • EPA and the Department of Justice engaged a national team of redevelopment experts on the issue of liabilities for third-party developers and issued a new policy that encourages more frequent consideration of Bona Fide Prospective Purchaser Agreements and Prospective Purchaser Agreements to help get cleanup and reuse moved forward; and,
  • EPA held 1,370 public meetings and 3,190 in-person meetings and interviews with people living near Superfund sites to obtain their input.

Within the next year, the task force wants to implement any remaining recommendations from the original 42. Other goals include:

  • Continue to model enforcement language to reduce responsible party cleanup negotiation timeframes and shorten Potentially Responsible Party lead cleanups.
  • Encourage private investment in cleanup and reuse by developing new work agreements and comfort letters to create certainty and assist third parties in identifying investment opportunities at the sites;
  • Continue to expedite cleanups and moving sites to deletion from the program;
  • Use more adaptive management principles where possible; and,
  • Complete an evaluation of groundwater beneficial use policies.

A video of success stories has been developed. More information about the Task Force program can be found here.

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EPA Proposing Changes to Aerosol Can Hazardous Waste Regulations

EPA Proposing Changes to Aerosol Can Hazardous Waste Regulations

Apr 2, 2018

EPA is proposing to allow generators to handle aerosol cans as a universal waste rather than a hazardous waste. As a result, EPA hopes to encourage more recycling, ease regulatory burdens on generators, reduce the amount of cans going to landfills, and save over $3 million per year.

The Current Aerosol Can Hazardous Waste Regulation

Aerosol cans, when discarded, are handled as hazardous waste. Entities with these are required to follow all hazardous waste rules regarding them. The number of days you can store these cans ranges from 90 to 270 depending on generator status and transportation. Retail stores who discard aerosol cans must also follow all hazardous waste rules. In some states, generators can recycle the cans for scrap metal by puncturing them and draining the contents into other containers. The can becomes non-hazardous, but the container of leftovers may be considered hazardous waste. Some states don’t allow the puncturing and recycling of cans at all, even under carbon filtration.

The Proposed Aerosol Can Hazardous Waste Regulation

The proposed regulation would make discarded aerosol cans a universal waste. Other EPA universal wastes include batteries, mercury-containing equipment, and hazardous waste mercury lamps. Universal wastes can be stored and collected for up to one year and don’t need a hazardous waste manifest as long as they’re properly packaged and labeled.

As for aerosol can recycling, the proposed rule would encourage generators to collect and send their cans to a centralized hazardous waste handler for recycling. Any company recycling aerosol cans would be subject to special requirements. Only approved commercial devices for safely puncturing cans could be used. These facilities would also be required to have written procedures for operations and maintenance of the machines, how incompatible wastes would be segregated, proper hazardous waste management practices to be followed, and what emergency spill procedures would be followed.

EPA’s intent is to ease the retailer’s burden of managing aerosol can as hazardous waste, ease the generators’ burden of managing aerosol cans as hazardous waste, and to encourage more states and more entities to recycle aerosol cans.

Gaps

There are still some gaps and unknowns within the regulations such as: What is the exact definition of an aerosol can, that is, would cans that do not aerate (such as shaving gel cans), be included? At what point between full, empty, “RCRA empty”, and used would the cans be eligible for universal waste consideration? Should there be a size limit on the cans; would cylinders be included? Would the equipment that some generators have already invested in to puncture and recycle their own cans be suitable under the new regulation?

EPA is accepting comments until May 15, 2018. To read more about the proposed regulation and where to send your comments, read here.

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Hazardous Waste e-Manifest System Coming in June

Hazardous Waste e-Manifest System Coming in June

Feb 8, 2018

EPA is establishing a nationwide electronic hazardous waste tracking system, and it hopes to have it up and running by June. The system will be known as e-Manifest, and will allow shippers to complete electronic manifests and destination/receiving facilities the opportunity to electronically upload manifests.

All states will be required to implement e-Manifest and incorporate it into their hazardous waste programs as an option. The system will be linked to RCRAInfo, a separate site which collects information on hazardous waste sites.

Right now, the using e-Manifest will be optional. Paper manifests will still be accepted from generators for the foreseeable future, and from destination/receiving facilities for up to three years. EPA hopes that by using electronic means, significant gains in cost, time, accuracy, notification, and monitoring effectiveness can be realized by all who use the system. Electronic manifests will be just as legal as paper ones, except they’ll be completed and signed electronically.

Using e-Manifest will satisfy EPA, RCRA and DOT 3-year recordkeeping requirements. EPA is also working with DOT to ensure e-Manifest will produce a proper shipping paper. DOT will still be requiring hard copies to be sent with the shipment, so those using e-Manifest will be able to print out a copy of their manifest for DOT purposes.

In the future, the e-Manifest system may link to the Biennial Hazardous Waste Report, and potentially replace it.

The fees for the system will be paid by the destination or receiving facility, which more than likely will be passed down to the generator. Fees will be per manifest, and fees for electronic manifests will be lower than the paper ones.

The target date for e-Manifest roll-out is June 30, 2018.

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EPA is establishing a nationwide electronic hazardous waste tracking system, and it hopes to have it up and running by June. The system will be known as e-Manifest, and will allow shippers to complete electronic manifests and destination/receiving facilities the opportunity to electronically upload manifests.

All states will be required to implement e-Manifest and incorporate it into their hazardous waste programs as an option. The system will be linked to RCRAInfo, a separate site which collects information on hazardous waste sites.

Right now, the using e-Manifest will be optional. Paper manifests will still be accepted from generators for the foreseeable future, and from destination/receiving facilities for up to three years. EPA hopes that by using electronic means, significant gains in cost, time, accuracy, notification, and monitoring effectiveness can be realized by all who use the system. Electronic manifests will be just as legal as paper ones, except they’ll be completed and signed electronically.

Using e-Manifest will satisfy EPA, RCRA and DOT 3-year recordkeeping requirements. EPA is also working with DOT to ensure e-Manifest will produce a proper shipping paper. DOT will still be requiring hard copies to be sent with the shipment, so those using e-Manifest will be able to print out a copy of their manifest for DOT purposes.

In the future, the e-Manifest system may link to the Biennial Hazardous Waste Report, and potentially replace it.

The fees for the system will be paid by the destination or receiving facility, which more than likely will be passed down to the generator. Fees will be per manifest, and fees for electronic manifests will be lower than the paper ones.

The target date for e-Manifest roll-out is June 30, 2018.

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EPA to Change the Way It Handles Lawsuits

EPA to Change the Way It Handles Lawsuits

Oct 17, 2017

EPA Administrator Scott Pruitt has announced EPA will be ending practice of “sue and settle.”

In sue and settle, a third-party group sues a federal agency, asking the courts to require the agency to change statutory duties or to enforce specific timelines written within laws. In the past, EPA has settled out of court with these groups through a consent decree or settlement agreement. EPA says the resulting negotiations would often change regulations, causing unreasonable deadlines or commitments to actions which weren’t part of the existing regulations.

These consent agreements were negotiated privately and any new requirements were not eligible for public comment. On top of that, the agency would pay tens of thousands of dollars in attorney’s fees and litigation costs of the groups which were suing them.

Going forward, EPA promises further transparency and public engagement when it comes to considering any settlement or consent decree, including:

  • Establishing procedures to publish lawsuits, complaints, and petitions which have been filed against them or their state agency counterparts;
  • Publishing a list of consent decrees and settlement agreements, including attorney’s fees paid;
  • Providing sufficient time for public comment on any action which would modify a proposed or final rule, and publishing proposed and modified decrees and settlements for public comment;
  • Not entering into any consent decree that exceeds the authority of the courts; and,
  • No longer paying attorney’s fees and litigation costs of the groups who are suing them.

To learn more, see EPA’s announcement.

 

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EPA to Propose Repeal of Clean Power Plan

EPA to Propose Repeal of Clean Power Plan

Oct 6, 2017

power plant
A number of news agencies have obtained a document outlining EPA’s plans to propose a repeal of the Clean Power Plan. The announcement from EPA may come early this week and then a formal proposal will be issued in the Federal Register.  The plans include a 60-day comment period to solicit ideas on alternatives or a replacement approach.  Plans also include a cost-benefit analysis of a repeal, estimating $33 billion in compliance cost savings.

The Clean Power Plan rule was developed by the previous administration as a way to lower carbon emissions from existing power plants by 2030.  Opponents have contended that the rule’s compliance and equipment requirements will create massive costs on the power sector and its consumers, that EPA overreached its authority to regulate emissions under the Clean Air Act, and it invaded the powers of the states, who’ve traditionally managed and regulated the energy sector. Over 27 states, 24 trade associations, 37 rural electric Co-Ops and 3 labor unions have sued EPA over the rule.  A bipartisan group of over 200 Senators and House members also filed a briefing against it.

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Oklahoma Stormwater in Construction Regs Updated

Oklahoma Stormwater in Construction Regs Updated

Aug 24, 2017

The Oklahoma Department of Environmental Quality (ODEQ) updated its Multi-Sector General Stormwater Permit for industrial activities last month, and now ODEQ has updated its stormwater permit for construction activities.

The new “General Permit OKR10 for Stormwater Discharges from Construction Activities” will go into effect on September 12.  Anyone under the current permit, and anyone seeking to obtain a new one, will need to be covered under this new permit in order to discharge stormwater from construction activities.

Stormwater activities are federally covered under EPA’s National Pollutant Discharge Elimination System (NPDES).  In most areas, stormwater permitting is handled by the state(s) you’re operating in, and then each state can have additional requirements. Permits have limits on what you can discharge, monitoring and reporting requirements and other requirements.

As a reminder, if your company falls under the Oklahoma stormwater permit for industrial activities, remember you will need to reapply for a new authorization before October 3, which is only a little over a month away.  As part of this you’ll need to revise your Stormwater Pollution Prevention Plan (SWP3), file a new Notice of Intent (NOI) and submit fees.

If you need assistance with anything related to stormwater, including plan updates, compliance determinations, or NOIs, please contact iSi and we’d be happy to help!

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EPA Superfund Task Force Sees Successes

Superfund Cleanup Speed and Property Reuse Focus of EPA Task Force

Jul 27, 2017

There are over 1,300 Superfund sites currently in various stages of cleanup.  Cleanup, and the studies associated with it, can be a drawn out process, leaving property reuse and community revitalization on hold for years.  In May, EPA Administrator Scott Pruitt established a task force to look at improving and streamlining the Superfund cleanup process.

The task force worked on a number of goals: finding ways to expedite site cleanup and reuse, engaging partners and encouraging private investment, promoting redevelopment and community revitalization, and reinvigorating potentially responsible parties’ (PRPs) efforts for cleanup and reuse.

The task force had 42 recommendations, and Pruitt has narrowed the list to a handful of priority tasks.  Some highlights:

  • Each EPA region is to:
    • Submit cleanup status and reuse potential for each site in their region.
    • Submit total indirect costs charged to PRPs for 2016 and 2017 and what formula they use to determine that number.
    • Make a list of sites to be proposed for deletion or deleted within the next 12 months in order to expedite that.
    • Identify and prioritize sites where the risk of human exposure is not fully controlled.
  • Prevent years of delays by using more early/interim response actions for migration and risk, and less long studies.  Where possible, allow portions of sites for reuse while more detailed evaluations of the other portions are carried out.
  • Focus resources on the sites with the most reuse potential, and Remedial Investigation and Feasibility Studies (RI/FS) for sites which require more immediate action.
  • Encourage PRPs, state and local governments and real estate to work together to identify opportunities for reuse.
  • Use enforcement authorities and unilateral orders more actively to discourage drawn out negotiations over response actions.

View Pruitt’s full priority list here.

 

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EPA Proposes Roll Back of Waters of the U.S. Definition

EPA Proposes Roll Back of Waters of the U.S. Definition

Jun 27, 2017

The EPA, along with the Army and the Army Corps of Engineers, announced its intent to make changes to the Clean Water Rule and return the definition of “waters of the United States” (WOTUS) back to what it was prior to the 2015 rule change.

The definition of WOTUS has been at the point of contention between regulators, industry and environmental groups since the Clean Water Act was amended in 2015.   The definition has been at the heart of a number of legal battles, and an item of regulatory enforcement uncertainty. The rules containing it were in a state of stay by the Supreme Court.

Today’s announcement will turn back the definition of WOTUS to what it was prior to 2015 with a published proposed rule announcement in the Federal Register, along with a public comment period.  Next, the agencies will work to review and revise the definition to replace the approach of the 2015 Clean Water Rule.

EPA’s announcement emphasized the redefinition is intended to “…provide regulatory certainty in a way that is thoughtful, transparent, and collaborative with other agencies and the public.”

 

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EPA Delays Air Regulations

EPA Delays Air Regulations

Jun 14, 2017

EPA has announced at least four postponements of upcoming regulations regarding air emissions and air quality.

RMP Rule Amendment

In the final days of the Obama administration, EPA issued amendments to the Risk Management Program (RMP) rule. These included additional requirements for process hazard analysis, incident investigation, emergency preparedness, public availability of chemical hazard information, additional regulatory definitions, and audit requirements. In order to give the agency more time to review petitions, hear additional comments, and consider revisions, the new effective date has been moved to February 19, 2019.

Emissions Standards for New, Reconstructed, and Modified Sources for Oil and Gas; NSPS Subpart OOOOa

EPA has issued a stay on certain parts of OOOOa until August 31, 2017. It is reconsidering the rule as a whole, including fugitive emissions monitoring requirements for well sites and compressor stations. Initially, companies were to have a monitoring plan in place and perform initial LDAR compliance by June 6, 2016. EPA also wants to take another look at the entire rule. For now, they’ve issued a stay on fugitive emissions requirements, PE certifications, and standards for pneumatic pumps at well sites.

Ozone Standard

EPA has delayed the National Ambient Air Quality Standards (NAAQS) for ground level ozone. EPA is giving states another year to develop and refine their air quality plans. Last fall, states were to turn in their recommendations on what to do about those areas which couldn’t reach the 70 ppb standard. Then EPA was to make their final designations and set those recommendations into motion by October of this year. Now those designations have been postponed to October 2018.

Landfill Methane Emissions From Municipal Solid Waste Landfills

Over 1,000 municipal solid waste facilities were going to be impacted by two separate standards relating to methane emissions. EPA has issued a stay until August 29 to reconsider items such as design approval, definition of cover penetration, annual liquids reporting, surface emissions reporting, corrective action timelines, and overlapping requirements. EPA estimates that implementation of the changes as written could cost businesses more than $100 million per year to install and operate gas collection and control systems.

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The New Hazardous Waste Generator Improvements Rule

The New Hazardous Waste Generator Improvements Rule

Apr 1, 2017

Called the “Hazardous Waste Improvements Rule,” EPA has issued updates and changes to its Resource Conservation and Recovery Act (RCRA) hazardous waste regulations.

When: EPA has made over 60 changes which are geared to make technical corrections, clarify, increase flexibility and improve environmental protection. The changes will not go into effect until May 30, 2017, then every state but Iowa and Alaska will have until mid-2018 to implement and adopt (or not adopt) the less stringent requirements.

Consolidation of VSQG Waste at LQGs

EPA now allows very small quantity generators (VSQG, now the term for the former “conditionally exempt small quantity generator”) to consolidate waste at a large quantity generator (LQG) under the control of the same person. In some cases, organizations have satellite locations that qualify as a VSQG and could take advantage by consolidating together. VSQGs would need to mark and label their waste as “Hazardous Waste,” and indicate the hazards associated with the contents. LQGs would notify on the Site ID Form 30 days prior to receiving the waste that they are participating in this activity, who the VSQG is, maintain records for each shipment for 3 years, mark the accumulation units with the date the HW was received, manage consolidated waste as LQG waste and report in annual and biennial reports.

HW Determinations

  • Generator’s waste must be classified at its point of generation and at any time during the course of its management. Container markings and labels apply at the point of generation as well.
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Georgia NPDES Permittees Required to File Electronically Through NetDMR

Georgia NPDES Permittees Required to File Electronically Through NetDMR

Jan 10, 2017

The Georgia Environmental Protection Division (EPD) has been moving towards electronic filing of various reports and permits. This electronic requirement is now being required for submittal of Discharge Monitoring Reports from those companies who hold an NPDES (National Pollution Discharge Elimination System) permit for water discharges.

Starting December 21, 2016, all NPDES permittees will be required to submit their Discharge Monitoring Reports (DMRs) online using a site called NetDMR.   Those who use land application systems, pre-treatment, PID, and general permittees will also eventually be required to use NetDMR later.

NetDMR will have similar features to other online applications.

Step 1:           Create Your Own Account

Each person must create their own account. When setting up an account, facilities should be mindful of the instance and type of user chosen.  Within the state of Georgia, the instance should be “Georgia Environmental Protection Division”.  You may see other options such as EPA – GA, but DO NOT select these options.

Once the appropriate instance or agency has been selected, click on “Create a new account” and follow the prompts.  The type of user for facility personnel should be the external user type “Permittee User.”  An internal user is meant for agency use only.

Step 2:           Set User Roles

Once an account has been created, there are four roles for a permittee user: View, Edit, Signatory, and Permit Administrator.

Permit Administrator: The Permit Administrator has the ability to approve role requests within their permit for all roles except Signatory.  The first person to request and get approved for Signatory Role will be granted the Permit Administrator role automatically.

Signatory: No one will be able to access the permit within NetDMR until someone is approved by EPD as the Signatory.  EPD is the only entity that can approve access to Signatory Role requests.  Someone seeking Signatory Role must submit a signed Subscriber Agreement to EPD by mail and wait approval.  EPD estimates approximately a two week turnaround to review and approve Subscriber Agreements.  Remember, the first person to request and get approved for Signatory Role will also be granted the Permit Administrator role automatically.

View, Edit: Other personnel can request View, Edit, and/or Permit Administrator Roles from the Permit Administrator.

Step 3:           Start Using the System

Once approval has been received, you may then start entering DMR data electronically into the system. Note: there is no external notification, so if a role request has been made within NetDMR the Permit Administrator must check within NetDMR to see that request.

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EPA Broadens Definition of “Remote” Sites for Stationary Engine Air Compliance

EPA Broadens Definition of “Remote” Sites for Stationary Engine Air Compliance

Feb 2, 2016

A change in the definition of what a “remote” site is in EPA’s NESHAP Subpart ZZZZ air compliance regulations could bring good news for companies with stationary reciprocating internal combustion engines (RICE).  Stationary RICE engines are typically used at natural gas compressor stations, for other uses in the oil and gas industry and for landfills.

The modified definition, which went into effect January 30, 2016, makes a change to what is considered to be “remote.”  If a company’s RICE is remote, the engine will be exempt from Subpart ZZZZ requirements for initial compliance testing.

According to the new rule, a remote engine is now considered to be:

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Hazardous Waste Manifest Signers Need DOT Training

Hazardous Waste Manifest Signers Need DOT Training

Jan 15, 2013

Did you know anyone who signs a haz waste manifest on behalf of your company is required to have DOT training?

We come across many companies who have overlooked this important requirement, especially if their haz waste transporter is filling out all the paperwork for them.  Your hazardous waste is covered under EPA regulations, but once it’s sent for transportation, it becomes a hazardous material and is subject to DOT regulations.

Under DOT, your company is the shipper, not the hazardous waste transporter.  Even if the person signing the manifest doesn’t complete any of the shipping paperwork, (that is, if the transporter prepares it), as soon as he or she signs it, they become legally responsible for that shipment.  With their signature, they’re certifying everything has been packaged correctly, labeled correctly and that the forms have been filled out correctly.  Per DOT, this cannot occur without proper training.

Thus, in addition to hazardous waste training, the person signing your manifest needs DOT training.  This requirement can be satisfied through our Ground Hazardous Materials (DOT) Transportation course.  Visit our training page for dates, times and pricing.

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