Hazmat 101 News - June 2006

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Hazmat 101 News - June 2006

US EPA Finalizes its RCRA Burden Reduction "Initiative"

On April 4, 2006, the U.S. Environmental Protection Agency (EPA) published a new rule regarding federal hazardous waste regulations. The new rule is intended to reduce the paperwork burden imposed under the Resource Conservation and Recovery Act (RCRA) on businesses, states, and the public. Among other things, the final rule changes the amount of time records must be kept, modifies engineer qualifications, eliminates certain recordkeeping and reporting requirements, and decreases self-inspection frequencies for certain hazardous waste facilities.

The final rule is effective May 4, 2006. However, the rule is not effective in a state with an authorized RCRA program unless the state adopts the rule in its state regulations. Because the rule's provisions are less stringent than the existing provisions of the Federal regulations, states are not required to adopt the EPA rule. It may take a few years for the EPA changes to be implemented in state regulations.

TSDFs (regulated facilities that treat, store or dispose of hazardous waste) will benefit more from the modifications than hazardous waste generators. The regulation changes that would affect typical hazardous waste generators are summarized in Table 1.

Table 1 Changes that Affect Generators
Professional engineer certification: The rule changes the requirements regarding the required certification by a professional engineer of certain documents. Previously, the regulations required the retention of engineers who are independent, qualified, registered, and professional. The new rule deletes the terms “independent” (i.e., facilities can use company employees who are qualified professional engineers) and “registered” (redundant term). Personnel training: Waste handlers who provide HAZWOPER training to employees do not have to provide separate RCRA training in emergency response procedures, provided the overall facility training meets all RCRA requirements. [265.16(a)(4)] Contingency Plan: The rule clarifies that facilities with multiple emergency response compliance plans have the option of developing one consolidated contingency plan per facility, following the Integrated Contingency Plan Guidance. [265.52(b)] Tank inspection frequency for large quantity generators: The final rule permits reduction of inspections of aboveground parts of hazardous waste tanks from daily to weekly provided: (1) the tank system is equipment with leak detection system that alerts personnel of leaks and spills promptly, or (2) the facility employs "established work practices" that ensure prompt notification and remediation of leaks and spills. [265.195(c)] Tank inspection frequency for small quantity generators: The rule provides the same option for reduced frequency tank inspection to small quantity generators for hazardous waste tanks equipped with secondary containment. (Tank technical standards require secondary containment for large quantity generators but not for small quantity generators.) [265.201(d)] Release notifications: Eliminated the need for follow-up notification to the agency after a release. [265.56)] Land disposal restrictions (LDR): The rule clarifies that generator requirements for waste analysis for LDR requirements can be performed concurrently with analysis for waste determinations. [265.7 & 268.9]

Table 1 Changes that Affect Generators

Professional engineer certification: The rule changes the requirements regarding the required certification by a professional engineer of certain documents. Previously, the regulations required the retention of engineers who are independent, qualified, registered, and professional. The new rule deletes the terms “independent” (i.e., facilities can use company employees who are qualified professional engineers) and “registered” (redundant term).

Personnel training: Waste handlers who provide HAZWOPER training to employees do not have to provide separate RCRA training in emergency response procedures, provided the overall facility training meets all RCRA requirements. [265.16(a)(4)]

Contingency Plan: The rule clarifies that facilities with multiple emergency response compliance plans have the option of developing one consolidated contingency plan per facility, following the Integrated Contingency Plan Guidance. [265.52(b)]

Tank inspection frequency for large quantity generators: The final rule permits reduction of inspections of aboveground parts of hazardous waste tanks from daily to weekly provided: (1) the tank system is equipment with leak detection system that alerts personnel of leaks and spills promptly, or (2) the facility employs "established work practices" that ensure prompt notification and remediation of leaks and spills. [265.195(c)]

Tank inspection frequency for small quantity generators: The rule provides the same option for reduced frequency tank inspection to small quantity generators for hazardous waste tanks equipped with secondary containment. (Tank technical standards require secondary containment for large quantity generators but not for small quantity generators.) [265.201(d)]

Release notifications: Eliminated the need for follow-up notification to the agency after a release. [265.56)]

Land disposal restrictions (LDR): The rule clarifies that generator requirements for waste analysis for LDR requirements can be performed concurrently with analysis for waste determinations. [265.7 & 268.9]