U.S. Environmental Protection Agency Office of Solid Waste Toxicity Characteristic Training Course 1990 PartsV-VI ------- TOXICITY CHARACTERISTIC TRAINING COURSE Presented by: Characterization and Assessment Division Office of Solid Waste U.S. Environmental Protection Agency ------- 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. ------- 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 ------- ------- PART FIVE Universe of Affected Facilities ------- 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. ------- 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. ------- 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 ------- 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. ------- 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. ------- 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. ------- 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 ------- 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. ------- 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 ------- 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. ------- VI ------- PART SIX Implementation of the Toxicity Characteristic: Permitting ------- 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. ------- 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. ------- 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 ------- 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. ------- 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. ------- 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 ------- 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. ------- 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). ------- 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. ------- 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. ------- Part Six: Implementation QUESTIONS - NOTIFICATION BY GENERATORS 6-11 What are EPA's responsibilities concerning the two generators?? ------- Part Six: Implementation DISCUSSION - NOTIFICATION BY GENERATORS 6-12 • EPA's responsibility toward Clean Amer: EPA's responsibility toward U.R. Waste: ------- 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). ------- 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. ------- 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. ------- 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 ------- 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). ------- 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. ------- 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 ------- 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? ------- 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? ------- 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. ------- 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. ------- 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. ------- 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. ------- 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 ------- Part Six: Implementation QUESTIONS - NEWLY REGULATED HANDLERS 6-27 What are EPA's responsibilities concerning the two TC waste handlers? ------- Part Six: Implementation DISCUSSION - NEWLY REGULATED HANDLERS 6-28 EPA's Responsibilities Toward Clean Amer: EPA's Responsibilities toward U.R. Waste: ------- 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 ------- 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: ------- 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. ------- 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 ------- 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. ------- 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). ------- 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. ------- 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 ------- 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. ------- 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.? ------- Part Six: Implementation DISCUSSION • EXISTING PERMITS 6-39 What permit modifications are required for each constituent? • Arsenic Benzene p-cresol ------- |