U.S. Environmental Protection Agency
Office of Solid Waste
Toxicity Characteristic
Training Course
1990
PartsV-VI
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TOXICITY CHARACTERISTIC
TRAINING COURSE
Presented by:
Characterization and Assessment Division
Office of Solid Waste
U.S. Environmental Protection Agency
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Morning
AGENDA
Part One: Overview of the Toxicity Characteristic
9:00 - 10:00 a.m.
Part Two: Pollution Prevention and the Toxicity
Characteristic
BREAK
Part Three: Relationship of Toxicity Characteristic
to Other RCRA Subtitle C Programs
10:00 - 10:30 a.m.
10:45 - 11:30 a.m.
Part Four: Relationship of Toxicity Characteristic
to Other Laws
11:30 - 12:00 noon
Afternoon
Part Five: Universe of Affected Facilities
Part Six: Implementation of the Toxicity
Characteristic: Permitting
1:00 - 1:30 p.m.
1:30 - 4:00 p.m.
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Appendices To the Training Course
Appendix A Constituents Regulated Under the Toxicity Characteristic
Appendix B Summary of Requirements Under the Toxicity Characteristic
Appendix C Toxicity Characteristic Permitting Strategy
Appendix D Toxicity Characteristic Federal Register Notice
Appendix E Key Contacts for More Information on the TC
Appendix F Toxicity Characteristic Outreach Material
Appendix G Toxicity Characteristic Fact Sheet
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PART FIVE
Universe of Affected Facilities
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Part Five: Universe of Affected Facilities
PRIMARY IMPACT OF TC RULE 5-7
• TC will potentially affect the following:
Generators
Existing large and small quantity generators
New to Subtitle C
Treatment, Storage, and Disposal Facilities (TSDFs)
Not previously regulated by Subtitle C
With existing permits
Currently having interim status
RIA estimates that more than 736 million metric tons of waste per year may
require new management practices.
Some facilities will not be subject to RCRA if management of TC wastes only
occurs in exempt tanks, not surface impoundments.
Small quantity generators (100-1,000 kg/month) have one year from
promulgation date to comply (as opposed to six months for large quantity
generators), because of the large number affected by the TC Rule.
Conditionally exempt small quantity generators (<100 kg/month) still not subject
to RCRA requirements.
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Part Five: Universe of Affected Facilities
GENERATORS 5-2
RIA estimates there will be 13,655-15,125 new Subtitle C large quantity
generators from 12 major manufacturing industries:
Textiles - Pipelines (except natural gas)
Dyeing and Finishing Textiles -- Manmade Organic Fibers
Pulp Mills -- Pharmaceuticals (Drugs)
Plastic Materials and -- Industrial Organic Chemicals
Synthetic Resins - Petroleum Refining and Products
Synthetic Rubber -- Lubricating Oils and Greases
Cellulosic Manmade Fibers
RIA estimates are based on:
Estimates of which handlers most affected
Distribution of these handlers by Region
Estimates of workload impact for each type of handler depending on
current status and assumed behavior.
Specific estimates of new small quantity generators not available.
Specific estimates of number of handlers for existing RCRA generators are not
available.
Generators in industries not covered in RIA could potentially equal or exceed
these estimates.
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Part Five: Universe of Affected Facilities
INDUSTRY DISTRIBUTION OF TC UNIVERSE 5-3
• Industries likely to have most handlers with TC waste (number of new large
quantity generators):
Industry Low Estimate High Estimate
Petroleum and 11,906*
petroleum products
Textiles (knitting mills) 461 1,130
Industrial Organic Chemicals 135 524
Lubricating Oils and Greases 243 433
Plastic Materials and 103 325
Synthetic Resins
only estimate available
Greatest concentration of these industries in Regions II, IV, and V (see next
slide for Regional distribution of new generators).
Potential impact of TC on non-major manufacturing industries and non-
manufacturing industries is not known
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Part Five: Universe of Affected Facilities
REGIONAL DISTRIBUTION OF TC UNIVERSE
National Distribution of New
Subtitle C Generators
# of Generators
3300
3.000
WOO
2.000
1,500
1,000
500
D High Estimate = 15.125
• Low Estimate = 13,655
ri i i I n-
ii i i i i i i i ri
Estimated distribution of new Subtitle C Generators by Region:
Region Low Estimate High Estimate
IV
V
VI
VII
VIII
IX
X
Total
391
973
979
2,658
2,573
2,459
1,316
826
944
596
13,655
447
1,349
1,113
3,056
2,707
2,602
1,357
832
1,052
611
15,125
5-4
I
ii m iv v vi vii vm ix
Regions
X
RIA estimates there are a moderate number of handlers in Regions III,
VI, and IX.
Regions I and VII are estimated to experience only a small impact from
the TC Rule, based on RIA estimates.
Regions VIII and X may hardly be affected by the TC rule, based on
RIA.
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Part Five: Universe of Affected Facilities
TSDFs 5-5
• RIA estimates the following numbers of TSDFs will be affected by the TC:
185 facilities seeking new permits
110 non-commercial facilities seeking changes during interim
161 commercial facilities status
110 non-commercial facilities seeking permit modifications
195 commercial facilities
RIA assumes that many facilities will change management practices, particularly
from treatment of wastewaters in surface impoundments to treatment in tanks
RIA recognizes that a large number of facilities that cannot make this change
by the effective date of the rule may become subject to interim status
requirements. Therefore, these estimates may be smaller than impacts Regions
actually must manage.
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Part Five: Universe of Affected Facilities
NEW PERMIT APPLICANTS
5-6
National Distribution of On-Site Subtitle D
Facilities Submitting New Permit
Applications
t> of Facilities
RIA estimates 185 on-site Subtitle D facilities will submit new permit applications
as Subtitle C land disposal facilities.
No estimates available for new permit applications from:
Non-commercial treatment, and storage facilities (TSFs)
Non-commercial incinerators
All non-hazardous commercial facilities, regardless of unit type
Regions IV, V, VI, and IX are expected to see the greatest increase in the
permitting workload.
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Part Five: Universe of Affected Facilities
NEW PERMIT APPLICANTS BY INDUSTRY
5-7
On-Site Subtitle D Facilities Seeking New Permit
Applications: Distribution by Industry
4(2%)
Synthetic
Rubber
11(6%)
Ccllulosic
Manmade Fibers
23(13%)
Pulp Mills
2(1%)
Industrial
Organic Chemicals
145 (78%)
Petroleum
Refining
Five most prominent industries submitting new land disposal permit
applications:
Petroleum Refining
Pulp Mills
Synthetic Rubber
Cellulosic Manmade Fibers
Industrial Organic Chemicals
Other industries that were not covered in RIA also may submit permits
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Part Five: Universe of Affected Facilities
FACILITIES SEEKING CHANGES DURING INTERIM STATUS
5-8
National Distribution of Subtitle C Facilities
Seeking Changes During Interim Status
# of Facilities
These are current TSDFs awaiting permit or closing before permit issued
Estimated distribution of Subtitle C facilties seeking changes during interim
status
Region
Low Estimate High Estimate
IV
V
VI
VII
VIII
IX
X
TOTALS
0
0
2
2
3
9
0
2
3
1
22
2
9
8
18
19
26
7
6
11
4
110
Commercial Facilities
14
11
7
22
34
29
20
9
12
3
161
Estimate is based on assumptions that:
All disposal and incineration facilities are permitted
50 percent of non-commercial treatment and storage facilities have permits
and 50 percent are subject to interim status.
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Part Five: Universe of Affected Facilities
FACILITIES SEEKING PERMIT MODIFICATIONS
5-9
National Distribution of Subtitle C Facilities
Seeking Permit Modifications
# of Facilities
69
| Non-Commercial Facilities =110
High Estimate
Commercial Facilities = 19]
35
|- , , , ,
I I
I I
I I
in
IV
v vi
Regions
VII
vin
IX
These are current TSDFs with RCRA permits.
Distribution of Subtitle C generators seeking permit modifications:
Region Low Estimate High Estimate Commercial Facilities
IV
V
VI
VII
VIII
IX
X
TOTALS
0
1
2
2
2
9
1
2
3
1
23
3
9
9
^8
^8
25
8
6
10
4
110
12
16
9
51
33
30
10
6
24
4
195
Predominant industries in the high-estimate universe:
-- Petroleum and Petroleum Products -- Manmade Organic Fibers (except
-- Plastic Materials and Synthetic
Resins (including Rubber)
-- Cellulosic Manmade Fibers and
Textiles (knitting mills)
(cellulosic)
-- Pharmaceuticals (Drugs)
-- Pipelines (except natural gas)
-- Pulp Mills
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Part Five: Universe of Affected Facilities
CLOSURES 5-10
Facilities closing as a result of the TC may include:
Those currently with interim status (i.e., before the TC)
Those who become subject to interim status as a result of the TC
EPA estimates approximately 50 percent of initial permit applicants will close
before receiving final RCRA permit.
The number of facilities that will require a post-closure permit as a result of the
TC is unknown.
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VI
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PART SIX
Implementation of the Toxicity
Characteristic: Permitting
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Part Six: Implementation
OVERVIEW 6-7
• EPA and authorized States have implementation responsibilities for:
Generators
Facilities with interim status
Facilities with permits
Newly regulated facilities (new permit applicants)
For the following groups, EPA must:
• Generators: issue identification numbers to all handlers submitting Notification
Forms.
• Existing Interim Status Facilities: approve changes during interim status, issue
permits to existing facilities, and process changes in closure plans (to reflect
new wastes or new units).
• Facilities with Permits: modify facility permits (even those issued by
authorized States).
• New Permit Applicants (including Generators who manage TC wastes on-site):
issue identification numbers to all handlers submitting Notification Forms,
process Part A applications and Part B applications if facilities manage wastes
after TC effective date.
• Workload will vary by Region, depending on number of facilities in Region and
their current regulatory status.
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Part Six: Implementation
EPA REGIONAL RESPONSIBILITIES 6-2
• EPA will implement TC until States receive authorization
• Regional/State responsibilities include:
Receiving notifications and issuing ID numbers
Receiving and processing Part A permit applications
Reviewing Part B permit applications and permit modifications and
issuing permits
Enforcing compliance with regulations
Reviewing and approving closure plans
The TC is HSWA mandated and will take effect in both authorized and non-
authorized States on the effective date.
Regional Offices will be responsible for carrying out EPA's TC responsibilities.
These responsibilities include receiving notifications and issuing ID numbers
(newly regulated generators and facilities), reviewing permit applications and
issuing permits (newly regulated TSDFs), enforcing compliance with
regulations (all handlers managing TC wastes), and reviewing and approving
closure plans (all handlers of TC waste).
States will continue to be primarily responsible for conducting generator and
facility inspections.
EPA is responsible for reviewing and approving closure plans and issuing
permits until States become authorized for the TC.
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Part Six: Implementation
GENERATORS 6-3
• Handlers of solid waste must determine if their waste exhibits the TC
characteristic unless waste is:
Listed waste
Excluded from Subtitle C
• Hazardous waste determination is made at the point of generation
Although the generator has primary responsibility for identifying waste as
hazardous, this does not relieve any other handlers from the responsibility for
hazardous waste determination.
The hierarchy to determine if wastes are hazardous continues to be the
following for generators:
Is the waste a listed hazardous waste? If not,
Does the waste exhibit a characteristic?
NOTE: This hierarchy will be changed by the Third Third Final LDR rule,
which will require a generator to determine all applicable waste codes (listed
and characteristic) as of August 8, 1990.
Wastes that are excluded from Subtitle C remain exempt under the TC rule.
For example,
Household hazardous wastes
Solid waste from extraction, beneficiation, and processing of ores and
minerals
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Part Six: Implementation
GENERATORS 6-4
• TC does not require testing to identify waste as hazardous
. Determination of hazardous waste may be made using either
Knowledge of the process and materials involved in waste generation
Testing using TCLP
. All newly regulated generators (small and large quantity) must submit
Notification Form by June 27, 1990
EPA has not promulgated testing requirements for identifying hazardous waste
as part of the TC rule.
In determining whether a waste exhibits the TC characteristic physical
and chemical testing of the waste using the TCLP is appropriate, but
not required.
Knowledge of waste can still be used to make this determination.
40 CFR 262.11 requirements:
If generators determine that a waste is hazardous, documentation of
how that determination was made must be kept for three years.
If a generator determines that the waste is not hazardous, no records
are required to show how this determination was made.
RCRA Section 3010 requires submission of Notification of Hazardous Waste
Activity Form by all new generators of hazardous waste.
Notifications must be submitted to Region within three months after rule is
published (not after it becomes effective). This includes small and large
quantity generators.
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Part Six: Implementation
EXISTING GENERATORS 6-5
Existing hazardous waste generators handling TC waste do not need to re-
notify EPA of their hazardous waste activity if they have:
Notified the Agency that they manage other hazardous waste
Received an EPA identification number
Given the vast scope of the TC rule, a notification requirement for persons
already identified within the hazardous waste management universe would
present an administrative burden without providing any significant benefits for
human health and the environment.
EPA has, therefore, exempted existing generators from further notification
requirements.
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Part Six: Implementation
GENERATOR REQUIREMENTS 6-6
Generators may store wastes on-site for less than 90 days
Without obtaining interim status or a permit
Must meet storage requirements
Large quantity TC generators must comply with all applicable Subtitle C
regulations by September 25, 1990
Small quantity TC generators have until March 29, 1991 to comply with
applicable Subtitle C regulations
Large quantity generators may accumulate hazardous waste on-site for 90
days or less without a permit or without having interim status, provided that:
The date that storage began is clearly marked and visible for inspection
on each container;
Each container is clearly labeled with the words "hazardous waste"; and
Generator complies with requirements for owner/operator in Subpart C
and D in 40 CFR Part 265 and with §265.16.
Effective date of the rule for large quantity generators is six months after
publication. (September 25, 1990)
Small quantity generators may:
Store no more than 6,000 kg of hazardous waste on site for up to 180
days (270 days if waste must be shipped to a TSD more than 200
miles away).
Comply with the container or tank storage requirements.
SQGs have an extra six months to come into compliance with Subtitle C, or
one year after publication of the rule.
SQGs must be in compliance by March 29, 1991
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Part Six: Implementation
REGIONAL IMPLEMENTATION STRATEGY - GENERATORS 6-7
• New generators should be made aware of responsibilities under RCRA
• Identify and target new generators
Focus on major industries that are most likely to generate TC waste
Focus on large quantity generators
• A generator's compliance history may influence a decision whether to conduct
an inspection or other outreach efforts
• High Priority for Outreach and Inspections
Large quantity generators, non-notifiers. Target those industries that are
probable generators of TC waste.
• Medium Priority Outreach and Inspections
Large quantity generators, notifiers
• Low Priority Outreach and Inspections
Small quantity generators (notifiers and non-notifiers) will be addressed
through outreach and education activities.
• OWPE enforcement strategy and Regional Counsel also are important sources
to consult to determine outreach and inspection priorities.
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Part Six: Implementation
REGIONAL IMPLEMENTATION STRATEGY (cont.) 6-8
• Concentrate outreach and implementation on industries that:
Generate a substantial quantity of TC waste (i.e., large quantity
generators)
Include a large number of facilities that are expected to manage TC
waste
Probable Industries Generating TC Waste analyzed in RIA (coming from 122-
digit SIC codes): Large Quantity Generators
Oil and Gas
Heavy Construction
Food and Kindred Products
Textile Mill Products
Lumber and Wood Products
Paper and Allied Products
Chemical and Allied Products
Petroleum Refining
Primary Metal Industries
Industrial and Commercial Machines
Electronic and Electronic Equipment
Transportation Equipment
Instruments and Related Products
Pipelines, except Natural Gas
Wholesale Trade: Nondurable goods
Other industries may also generate TC wastes.
The TC RIA, limited to a study of twelve major SIC codes, estimated over 736
million tons per year of waste may be affected.
Amount of waste subject to RCRA because of TC will depend also on
management practices (e.g., treatment in exempt tanks).
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Part Six: Implementation
REVIEW QUESTIONS - GENERATORS 6-9
• The following slides will review the implementation issues for generators by
presenting:
Situations likely to exist for generators of TC wastes
Specific questions about EPA Region and State responsibilities
Summary of responsibilities and answers to each question
The following brief situations concerning generators review some of the
requirements and Regional responsibilities discussed in the previous slides.
The situations will be followed by a few questions and some discussion
points.
This scenario only addresses generators; facilities that generate and treat,
store, or dispose of wastes will be addressed later in this session.
Appendix B of this training course summarizes the requirements that
generators and TSDFs must meet to comply with the TC rule.
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Part Six: Implementation
SITUATIONS - NOTIFICATION BY GENERATORS 6-10
Situation #1
• Clean Amer and U.R. Waste are both large quantity generators that:
Generate industrial organic chemicals
Were not Subtitle C generators before TC
Send wastes to off-site treatment facility
« Three months after promulgation of TC, neither generator has notified EPA
that it generates TC waste
• Before effective 'date of TC, Clean Amer determines it generates waste that
exhibits the TC characteristic. Clean Amer notifies EPA at this time that it is a
hazardous waste generator.
• U.R. Waste realizes one year after TC is effective that it generates TC waste.
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Part Six: Implementation
QUESTIONS - NOTIFICATION BY GENERATORS
6-11
What are EPA's responsibilities concerning the two generators??
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Part Six: Implementation
DISCUSSION - NOTIFICATION BY GENERATORS 6-12
• EPA's responsibility toward Clean Amer:
EPA's responsibility toward U.R. Waste:
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Part Six: Implementation
EXISTING INTERIM STATUS FACILITIES 6-t3
• Changes to interim status must be submitted by facilities that:
Had interim status when the TC rule was published; and
Manage waste that exhibits the TC characteristic for one or more new
waste codes (i.e., constituents)
• Changes not required if handler only manages waste codes (i.e., constituents)
under TC that are already regulated under EP
Subtitle C interim status facilities must submit a change to interim status if
they manage a new waste identified under the TC rule.
For example, if Facility A only manages lead, a change to interim status
is not required (lead is an EP waste code).
If facility manages lead and o-cresol (a new TC waste code), a change
is required.
Changes to interim status not required from facilities that handle TC wastes
previously identified as hazardous wastes under the EP.
For example, if Facility R is operating under Subtitle C interim status
and is handling arsenic (previously regulated under the EP), the facility
does not have to make changes to interim status.
These facilities may continue complying with the applicable interim
status standards (i.e., 40 CFR 265 or the authorized State regulations).
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Part Six: Implementation
EXISTING INTERIM STATUS FACILITIES 6-14
• Change to interim status requires revised Part A, which must
Identify new TC waste constituents, and
Identify the unit, if the TC waste is managed in a previously unregulated
unit
Revised Part A permit applications must be submitted pursuant to 40 CFR
270.72 to identify:
New TC waste constituents; and
Any newly regulated units.
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Part Six: Implementation
EPA/STATE RESPONSIBILITIES 6-15
EPA handles changes to interim status until States become authorized for the
TC • .
Revised Part A's submitted to EPA Regional Office, with copy to authorized
States
EPA Regional Office must process revised Part A's.
Because the toxicity characteristic is a HSWA provision, EPA is responsible for
its implementation until the States become authorized for the TC.
The TC is part of HSWA Cluster #2, for which States must make changes in
their regulations by July 1, 1991, and submit applications to EPA for
authorization by September 1, 1991.
Although EPA will administer the TC, States need to be kept informed of
changes in interim status at facilities. Therefore, Appendix B of this training
manual specifies circumstances when States should receive copies of revised
Part A applications.
EPA and the States should work closely to implement the TC until the States
have authorization.
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Part Six: Implementation
EXISTING INTERIM STATUS FACILITIES
6-16
;.: I -.'.' i 1
September
1 25 1-
1990 t-
....
• Revised Part A permit applications must be
submitted by effective date
40CFR
Part
265
New unit is subject to interim status regulations
in 40 CFR Part 265
Once EPA approves appropriate changes to interim status for facility, TC
imposes no other new requirements on facility or EPA.
Still manage in accordance with Part 265 standards
Part B permit application must incorporate changes reflected in Part A
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Part Six: Implementation
EXISTING INTERIM STATUS FACILITIES:
SURFACE IMPOUNDMENTS 6-17
• Existing interim status facilities may manage TC wastes in surface
impoundments
• If impoundment contains only TC wastes, may convert impoundments that
treat TC wastewaters to tanks to avoid Subtitle C regulation for that unit
• Conversion must be completed prior to effective date of TC rule or the facility
must obtain interim status for that unit
Implementation of the TC rule may cause some facilities to alter their
management practices to avoid regulation of certain units under Subtitle C of
RCRA.
Based on economic considerations, it is expected that many facilities will
convert on-site surface impoundments that treat TC wastewaters to tanks to
avoid Subtitle C regulation (40 CFR 265.1 (c)(9) & (10) or 40 CFR 264.1 (g)(5)
& (6).
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Part Six: Implementation
EXISTING INTERIM STATUS FACILITIES:
SURFACE IMPOUNDMENTS 6-18
All regulated surface impoundments must comply with the retrofitting
requirement four years after publication of the TC rule (March 1994)
Surface impoundments that contain currently listed or characteristic wastes
(e.g., EP toxic) are already subject to RCRA regulations (including minimum
technology requirements)
The owner/operator of a newly regulated surface impoundment is required to
retrofit that impoundment no later than four years from the promulgation of
the additional listing or characteristic that made it subject to regulation.
The four year retrofitting requirement applies only to those impoundments that
contain solely the new TC wastes. Surface impoundments that already
contained regulated wastes were subject to this requirement at an earlier date.
Retrofitting entails adding liners not installed at the time the impoundment was
constructed.
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Part Six: Implementation
SITUATIONS - INTERIM STATUS FACILITIES 6-19
Situation #2
4
• Jolly Treatment Plant currently has interim status for its storage and treatment
facility
• One of the regulated units manages constituents identified as hazardous
under the EP
• This same regulated unit also handles a constituent newly regulated under the
TC rule
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Part Six: Implementation
QUESTIONS - INTERIM STATUS FACILITIES 6-20
• What is Jolly Treatment required to do to comply with the TC rule?
• How would this scenario differ if the new TC constituent was treated in a
previously unregulated unit?
• Will EPA or State permit writers handle these changes for Jolly Treatment?
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Part Six: Implementation
DISCUSSION - INTERIM STATUS FACILITIES 6-21
• What is Jolly Treatment required to do to comply with the TC rule?
How would this scenario differ if the new TC constituent was treated in a
previously unregulated unit?
Will EPA or State permit writers handle these changes for Jolly Treatment?
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Part Six: Implementation
HANDLERS NEWLY REGULATED UNDER SUBTITLE C 6-22
EPA believes many TSD units will be closed before September 25, 1990
Facilities newly regulated under Subtitle C because of TC must:
Notify EPA within 90 days of publication (by June 27, 1990)
Submit a Part A permit application to EPA by September 25, 1990
These handlers also are:
Subject to interim status requirements (40 CFR Part 265)
On the permit track for a final RCRA permit - land disposal facilities
must submit Part B within 12 months of effective date (by September
25, 1991)
Subject to minimum technology requirements or surface impoundment
retrofitting requirements
If a TSD unit closes before September 25, 1990, then the TSD unit is not
subject to Subtitle C regulation.
Handlers of TC waste must submit to EPA a Notification of Hazardous Waste
Activity form under RCRA Section 3010 within 90 days of publication of the
rule.
If handler is a treatment, storage, or disposal facility that has not been
previously regulated, handler must also submit a Part A permit application by
the effective date of the rule (six months after publication).
Once a facility has obtained interim status by complying with these
requirements, it is subject to the requirements of 40 CFR Part 265.
New permit applicants entering permit track because of TC rule will affect the
workload at all levels of the permitting process. More resources will need to
be targeted for final permit determination, permit appeals, and corrective
action.
Facilities newly regulated as a result of the TC will have to meet the minimum
technology requirements in RCRA Sections 3004(o) and 3015, if and when
they add a new unit, replace an existing unit, or laterally expand an existing
unit.
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Part Six: Implementation
HANDLERS NEWLY REGULATED UNDER SUBTITLE C 6-23
• Facilities handling TC wastes after September 25, 1990, will be subject to the
interim status requirements.
• These facilities must submit a permit application by September 1991 or close
under interim status
• Most new permit applications resulting from the TC rule are expected to be
for land disposal facilities
EPA estimates that 50 percent of the new permit applicants will close during
interim status before a permit decision is made.
Based on economic and other considerations, it is expected that many
facilities will convert on-site surface impoundments that treat TC wastewaters
to tanks to avoid Subtitle C regulation (40 CFR 265.1 (c)(9) & (10) or 40 CFR
264.1 (g)(5) & (6).
Land disposal facilities will be the most common new permit applicants
because other types of facilities, such as surface impoundments used to treat
TC wastewaters, will generally convert their waste management operations to
tanks in order to avoid Subtitle C regulation.
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Part Six: Enforcement
IMPLEMENTATION STRATEGY - NEWLY REGULATED HANDLERS 6-24
• Make new facilities aware of responsibilities under RCRA
• Identify and target facilities likely to escape regulation
Non-notifying commercial Subtitle D facilities
Industrial generators with on-site waste management
High Priority for Outreach and Inspections
Commercial Subtitle D and other Subtitle D non-notifiers. These
facilities may be identified during generator inspections. Inspections of
generators known to have on-site waste management activities should
take precedence within the large quantity generator category.
Moderate Priority for Outreach and Inspections
Commercial Subtitle D notifiers
Other Subtitle D notifiers
Should also consult with Regional Counsel and OWPE enforcement strategy
for guidance on determining inspection priorities.
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Part Six: Implementation
REVIEW QUESTIONS - NEWLY REGULATED HANDLERS 6-25
• The following slides will review the implementation issues for newly regulated
handlers by presenting:
Situations likely to exist for newly regulated handlers of TC wastes
Specific questions about EPA's responsibilities
Summary of responsibilities and answers to each question
The following brief situations concerning newly regulated handlers review
some of the requirements and Regional responsibilities discussed in the
previous slides. The situations will be followed by a few questions and some
discussion points.
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Part Six: Implementation
SITUATION #3 - NEWLY REGULATED HANDLERS 6-26
Situation #3
• Clean Amer and U.R. Waste are both large quantity generators that:
Generate industrial organic chemicals
Manage wastes in on-site surface impoundments
Were not subject to Subtitle C before TC
• Three months after publication of rule, neither generator notified EPA of their
hazardous waste activity
• Before effective date of TC, Clean Amer determines it handles waste that
exhibits the TC characteristic. Clean Amer notifies EPA and converts facility's
surface impoundment to an exempt tank.
• U.R. Waste realizes one year after TC is promulgated it manages TC waste.
U.R. Waste now plans to convert the facility's surface impoundment to an
exempt tank.
This situation expands the situation presented for new generators of TC
wastes
Scenario changed so that facilities now manage wastes in on-site
surface impoundments
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Part Six: Implementation
QUESTIONS - NEWLY REGULATED HANDLERS
6-27
What are EPA's responsibilities concerning the two TC waste handlers?
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Part Six: Implementation
DISCUSSION - NEWLY REGULATED HANDLERS 6-28
EPA's Responsibilities Toward Clean Amer:
EPA's Responsibilities toward U.R. Waste:
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Part Six: Implementation
QUESTIONS - NEWLY REGULATED HANDLERS
6-29
Wonder what our
workload will be like
now that the TC rule
was passed?
Region XI receives 100 new Part A permit applications as a result of
the TC rule, and fears it will be overwhelmed by the associated
workload in the first three years after publication of the TC rule.
What are the permitting activities associated with these applications and
resource decisions Region XI should make in Year 1, Years 2 and 3, and after
Year 3
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Part Six: Implementation
DISCUSSION - NEWLY REGULATED HANDLERS 6-30
Permitting activities in Year 1:
Permitting activities in Years 2 and 3:
Permitting activities after Year 3:
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Part Six: Implementation
EXISTING PERMITS 6-31
All disposal and incineration facilities, and approximately half the treatment
and storage facilities are currently permitted
Any permitted facilities affected by the TC rule will require permit modifications
Permit modifications will be managed under new permit modification
regulations (53 FR 37912, September 28, 1988).
These modification rules are EPA regulations; States are not yet authorized for
them. Therefore, EPA and the States should work closely to ensure the
permit modifications are made.
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Part Six: Implementation
EXISTING PERMITS 6-32
Existing hazardous waste handlers do not need to renotify EPA of their
hazardous waste activities .
Permitted Subtitle C facilities handling TC waste must submit permit
modifications to incorporate:
New TC wastes, and
Unit managing the TC waste, if previously unregulated
If the waste at a permitted Subtitle C facility exhibits the TC for constituents
that were previously identified as EP toxic, the facility continues to comply with
the requirements of 40 CFR Part 264 without submitting a permit modification.
All facilities needing permit modifications to handle TC waste must submit
Class 1 modifications
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Part Six: Implementation
EXISTING PERMITS - MODIFICATIONS 6-33
• Three classes of permit modifications
Class 1 modifications for routine changes;
Class 2 modifications for changes of moderate complexity that allow the
facility to respond to changing conditions; and
Class 3 modifications for substantial facility alterations.
• Facilities that submit Class 1 modifications will also be required to submit
either Class 2 or Class 3 modifications
The Class 1 modification adds the waste to the list of wastes the facility can
manage. The Class 1 modification allows the facility to continue receiving the
newly regulated waste.
A permittee will submit a Class 2 modification if the newly regulated waste is
disposed in existing TSD units and does not require additional or different
management practices from those authorized in the permit.
If the newly regulated waste requires additional or different management
practices, a Class 3 modification is required.
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Part Six: Implementation
EXISTING PERMITS - SUBMITTING CLASS 1 MODIFICATIONS 6-34
• Modification regulations amended at 53 FR 37912, September 28, 1988
• Class 1 modifications do not require prior approval if submitted by effective
date of TC rule
• Facilities obtain necessary Class 1 modifications by effective date or are
prohibited from accepting additional TC wastes
Federal permit modification regulations used because TC is a HSWA provision
(and no States are authorized to administer).
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Part Six: Implementation
EXISTING PERMITS - SUBMITTING CLASS 2
AND 3 MODIFICATIONS 6-35
• Class 2 and Class 3 modifications due within six months of effective date of
TC rule
• Class 2 modifications require EPA action within specified time frames or
changes become automatically authorized
• No automatic authorization provisions exist for Class 3 modifications
EPA must take action on Class 2 modifications within 120 days (inclusive of
an optional 30 day extension) or the changes will be automatically authorized
for 180 days. If no decision is reached within the 180 day authorization
period, change becomes permanently authorized.
Class 3 modifications have no automatic option. The Director must grant or
deny Class 3 permit modifications at the end of the 60-day comment period.
During the public comment hearing a public meeting must be held.
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Part Six: Implementation
EXISTING PERMITS
6-36
Previously regulated TC waste management units are required to comply with
the Subtitle C permitted facNity requirements
Previously unregulated TC waste management units must comply with the
Subtitle C interim status requirements until the permit modification is approved
Facility
Permit Status
Permitted
TC Waste In
Existing TSD units
already listed in
permit (previously
regulated)
Owner/operator Must
Submit Permit
Modification
1 - new waste code
2 - if waste will not
require additional
or different
management
practices
Comply with 40 CFR Part
264
Permitted
New TSD units
(previously
unregulated)
Submit Permit
Modification
1 - new waste code
and new unit
3 - description of
additional
management
practices
Comply with 40 CFR Part
265 for new unit; 40 CFR
Part 264 or State for
other permitted units
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Part Six: Implementation
SITUATIONS - EXISTING PERMITS 6-37
Situation #5
• Northeastern Chem Co. is a permitted Subtitle C facility handling arsenic,
benzene, and p-cresol.
Arsenic was previously regulated under EP
Benzene (a newly regulated TC constituent) is managed in a previously
regulated unit
P-cresol (a newly regulated TC constituent) is managed in a unit not
previously included in the permit.
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Part Six: Implementation
QUESTIONS - EXISTING PERMITS
6-38
For each constituent, what permit modifications
must be submitted by Northeastern Chemical Co.?
Previously
Regulated Units
Previously
Unregulated Unit
For each constituent, what permit modifications must be submitted by
Northeastern Chemical Co.?
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Part Six: Implementation
DISCUSSION • EXISTING PERMITS 6-39
What permit modifications are required for each constituent?
• Arsenic
Benzene
p-cresol
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