Read the latest on EHS news and features in EHS Quarterly Issue 16.
A Trinity Consultants Publication
EPA Flexes Regulatory Muscles
Brian S Noel 11/03/1973 – 09/14/2024
The Trinity family suffered a profound loss last month with the passing of Brian Noel at the age of fifty. As the founder of Trinity Consultants’ Environmental Consulting operations in Albany, NY, Brian’s hard work, enthusiasm, and dedication were instrumental in creating a successful team and shaping the Albany Office into what it is today. Brian’s life was marked by impressive accomplishments, both personally and professionally. He was an Eagle Scout, obtained a degree in Chemistry from the State University of New York (SUNY) at Fredonia, and went on to receive a degree in Chemical Engineering from Rensselaer Polytechnic Institute (RPI). Even before graduation, he began a career at General Electric (GE) that spanned nearly 20 years, where he held various key roles across several GE divisions. Before establishing the Albany office in 2016, Brian was the Americas Air Program Leader for Saudi Basic Industries Corporation (SABIC), which had purchased the GE Plastics business in 2007. Beyond his professional achievements, Brian had a zest for life and adventure. He was an avid outdoorsman who relished the challenge of descending glacial crevasses in Alaska. His passion for astronomy led him to travel the world and observe numerous solar eclipses. His global responsibilities at GE afforded him the opportunity to travel for business as well, visiting facilities in Latin America, East Asia, and beyond, where he developed a deep appreciation for their cultures and cuisines. He took immense joy in some of the simple things in life, like jamming to his favorite band, the Canadian power-rock trio Rush, and in recent years, he pursued home brewing, honing it to an impressive, advanced level. From the moment Brian joined Trinity, he made a significant impact and quickly became a valuable and respected member of our Trinity family. His consummate team spirit, valuable input, and collaborative expertise were highly valued. In turn, he deeply valued his colleagues as both professional collaborators and as human beings. Brian’s approach to everything he did, attacking life and work rigorously and enthusiastically, left a lasting impression on all of us. His absence is deeply felt, and his legacy will continue to inspire us. Brian will be dearly missed, both professionally and personally. His memory will remain an integral part of the Trinity family, and our thoughts are with his loved ones and colleagues during this difficult time.
Letter from the Trinity team
ABOUT THE PUBLICATION
EHS Quarterly provides its readers with information on EHS regulatory developments and their implications, management standards, sustainability, and relevant technology considerations. Articles are written by our own expert consultants, leveraging their specialized experience in various key topics and industries.
ABOUT US
Trinity Consultants, a leading global environmental consulting firm, provides services and solutions in the EHS Regulatory Compliance, Built Environment, Life Sciences, and Water & Ecology markets. Founded in 1974, Trinity has the technical expertise, industry depth, and capabilities to help clients achieve their goals across the natural and built environments. We help clients achieve compliance with applicable regulations, international standards, and company specifications, enabling them to avoid business disruption, speed products to market, address stakeholder concerns, and achieve business objectives. For more information about how we can help your organization, please call us at +1.800.229.6655 or +1.972.661.8100.
INSIDE THIS ISSUE
Hidden Dangers of End-of-Life Batteries and the Regulations You Can't Ignore
5
Jennifer McCrohan is a Managing Consultant in Trinity’s Seattle office. Her experience includes environmental permitting and compliance, with a focus on hazardous and universal waste management, air quality minor new source review permitting, multimedia compliance auditing, and violation closure.
Hazardous Waste Generators Legally Avoiding RCRA Permits
11
Branden Barry, PE is a Managing Consultant in Trinity’s Raleigh office with over a decade of experience in air and waste permitting and compliance, cement industry and solid and hazardous waste storage, treatment, and combustion.
EPA’s Aggressive Push on Refineries for Stricter Benzene Controls
18
David R. Wall, PE serves the Director of Trinity’s Refinery Sector Services team. He has extensive, deep industry knowledge in compliance support, permitting and auditing experience in the petroleum refining and petrochemical industries.
EPA’s Final Rules Trigger Massive Power Industry Overhaul
22
Kim Hughes, PE is a Managing Consultant in Trinity’s Dallas office with over 22 years of experience in the electric utility industry supporting environmental air permitting, compliance and reporting, and permitting the installation of new pollution control equipment at existing sites.
Wes Younger is a Managing Consultant in Trinity’s Bakersfield, California with over 25 years of environmental monitoring and consulting experience. He primarily consults in air emissions measurement and the air regulatory issues faced by the solid waste management industry.
Chris Weber serves as a Managing Consultant in Trinity Consultant’s Kansas City office with over 23 years of deep industry experience in air permitting and compliance. He also has experience supporting electric utility, petroleum refining, and chemical production industries.
Latha Kambham is a Principal Consultant in Trinity’s Dallas office with over 17 years of experience in air construction and operating permits. emissions quantification for numerous types of sources, air compliance assessments, air dispersion modeling, GHG inventories, and multimedia reporting.
Janet Scheier is a Managing Consultants in Trinity’s Kansas City office with has over two decades of experience supporting permitting, permit negotiations, regulatory, legal, and compliance issues, regulatory applicability analysis, in the power, chemical, agricultural, petrochemical, and food industries.
Jeff Adkins, PE is a Principal consultant in Trinity’s Sacramento office with extensive experience in compliance assistance and strategy development, CEMS design, permitting, health risk assessments, control technology, offsets and emission reduction credit analysis, PSD, NSPS, and NESHAPS applicability review.
Josh Haar is a Managing Consultant in Trinity’s Portland office with over 15 years of experience in environmental regulatory compliance, permitting and leading a team of combustible dust consultants, focusing on dust hazard analyses, dust safety programs, and dust sampling.
Industrial Hygiene Embraces Digital Modernization for Data Management
27
Jacob Ocampo is a Senior Consultant at Trinity DGS, with over 8 years of experience deploying Environmental, Health, Safety, and Quality applications and seamlessly integrating them into organizational workflows to enhance operational efficiency, boost workplace safety, and ensure regulatory compliance.
HIDDEN DANGERS OF END-OF-LIFE BATTERIES AND THE REGULATIONS YOU CAN'T IGNORE
Jennifer McCrohan, Managing Consultant — Seattle, WA
rechargeable lithium batteries. Each battery chemistry carries unique hazards and a distinct regulatory landscape. An additional challenge is posed by the fact that regulations governing the management of waste batteries were developed over 40 years ago - long before the development of many of the batteries that are in use today. As such, the United States (US) Environmental Protection Agency (EPA) and generators of waste batteries must think critically about how the RCRA regulations apply to new chemistries that may pose hazards and challenges different from batteries in use when the regulations were initially promulgated. Alkaline Batteries Alkaline batteries are commonly used for household and office devices and are available in a wide range of sizes, including AAA, AA, C, D, and 9 Volt. Typically, alkaline batteries are not rechargeable and must be disposed of once “dead”. Alkaline batteries historically contained mercury, but modern alkaline batteries are mercury-free in accordance with the Mercury- Containing and Rechargeable Battery Management Act of 1996. Today most alkaline batteries consist of a zinc anode, a manganese-based cathode, and a separator soaked in an alkaline electrolyte. Dry cell alkaline batteries do not meet the criteria for D002 (corrosive)
Batteries are one of the most ubiquitous waste streams across all industrial, commercial, and office facilities. As our workplaces have evolved to depend on electronics, consumer devices, and even electric vehicles and forklifts, new types of batteries and their associated hazards and environmental compliance requirements have been introduced. This article outlines common battery types and associated regulatory requirements under the federal Resource Conservation and Recovery Act (RCRA), including generator waste management methods, relevant regulatory requirements, and risks and challenges associated with managing end-of-life batteries. Generators of waste batteries must also assess state-specific waste requirements and other environmental obligations to ensure compliance with all applicable regulations. This article also discusses news and hot topics in the world of end-of-life battery management. Introduction to Common Battery Types There are many different types of batteries in use today in the myriad of electronics that have become essential to daily life. Common categories of battery chemistries include non-rechargeable alkaline batteries, lead-acid batteries, and rechargeable and non-
Encyclopædia Britannica (2024). alkaline-manganese dioxide battery: cutaway view [Image] https://www.britannica.com/technology/cell-electronics#/media/1/101461/19439
May 24, 2023 memo “Lithium Battery Recycling Regulatory Status and Frequently Asked Questions”, the EPA advised that lithium- ion batteries are typically D001 (ignitable) and D003 (reactive) characteristic hazardous waste. In July 2021, EPA published a report titled “ An Analysis of Lithium-ion Battery Fires in Waste Management and Recycling ”, identifying hundreds of fires caused by lithium-ion batteries during accumulation, while in transport, and at municipal waste and recycling facilities (Figure 1). EPA recommends using non-conductive tape to tape the terminals of each battery and placing each battery into a separate bag to minimize opportunities for reactions or damage to the batteries.
characteristic hazardous waste because they do not contain an aqueous solution. Therefore, dry-cell alkaline batteries are not federal hazardous waste. However, several states, including Washington and California, have state-specific hazardous waste codes for corrosive solids which require dry cell alkaline batteries to be managed as state hazardous waste in these locations. Lead-Acid Batteries Lead-acid batteries are found in powered industrial vehicles, such as forklifts, back-up power supplies, and energy storage for photovoltaic cells. Lead-acid batteries are comprised of lead and sulfuric acid and should be managed as D008 (lead) and D002 (corrosive) characteristic hazardous waste. Spills and leaks of acid from batteries can also generate D002 hazardous waste, and even neutralized acid may be D008 hazardous waste due to exposure to lead in the battery. Lithium-Ion Batteries Lithium-ion batteries are frequently used in rechargeable electronics, robots, electric cars, and electric bicycles. There are many variants of lithium batteries, but generally the cells consist of a graphite anode, a metal oxide or phosphate cathode, and an electrolyte made from a lithium salt and organic solvent. There is a metal separator between the anode and cathode to keep the battery from short circuiting. Lithium-ion batteries present unique management and disposal challenges due to the reactive nature of lithium. When a lithium- ion battery is damaged or short circuited, a chain reaction called thermal runaway can occur. Thermal runaway can present as smoking or a very hot fire that is challenging to extinguish. In its
Figure 1: Fires and Facilities Affected by Year
2013
2 1
2014
6 2
2015
7 3
2016
15
7
2017
40
9
2018
39
18
2019
68
19
2020
65
16
Fires
Facilities Aected
EHS Quarterly / Oct, 2024 6
Batteries managed as universal waste are subject to alternative labeling requirements, but do not count toward a facility’s hazardous waste generator category, do not require a Land Disposal Restriction (LDR) notification, are not subject to inspection requirements, and do not require a manifest for shipping. The batteries also may be accumulated onsite for up to one-year, compared to 180-days and 90-days for small quantity generators and large quantity generators managing batteries as hazardous waste, respectively. In late 2023, EPA announced their intention to develop a proposal to create a separate category of universal waste for lithium batteries, including lithium-ion batteries, to improve safety and minimize fire risk associated with handling and disposing of waste lithium-ion batteries. The Notice of Proposed Rulemaking (NPRM) and Final Rule are anticipated for June 2025 and December 2026, respectively. Subpart G Standards for Spent Lead-Acid Batteries Being Reclaimed Spent lead-acid batteries being regenerated or otherwise reclaimed may also be managed under 40 CFR Part 266 Subpart G. EPA has retained both the universal waste and Subpart G options for managing end-of-life lead-acid batteries based on the understanding that generators may prefer to manage all of their spent batteries under the Universal Waste Rule for consistency rather than utilizing different management methods. Further, the separate Subpart G regulation has proven valuable in its success in encouraging recycling of lead-acid batteries from the automotive industry. Reclamation by Regeneration Under today’s regulations, generators of waste lead-acid batteries who manage their end-of-life batteries under 40 CFR 266 Subpart G using reclamation by regeneration (i.e., electrolyte replacement) should not count the batteries toward their generator status and are not subject to labeling requirements, onsite accumulation time limits, or LDR notifications. Battery Reclamation Other Than Through Regeneration While EPA determined that reclamation through regeneration constituted a low-risk activity, it chose to regulate other reclamation activities more stringently due to the environmental risks associated with cracking battery casings and smelting lead plates to recover lead from the batteries. Lead-acid batteries managed under 40 CFR 266 Subpart G using reclamation other than through regeneration (e.g., recycling) similarly do not count the batteries toward their generator status and are not subject to labeling and onsite accumulation time limit requirements but are required to submit an LDR notification.
Waste Battery Generator Management Options
Batteries with one or more federal or state hazardous waste codes are hazardous waste. However, certain batteries may be eligible for streamlined management requirements as universal waste or under the Standards for Spent Lead-Acid Batteries Being Reclaimed. Hazardous Waste Waste batteries managed as hazardous waste must be counted toward the facility’s hazardous waste generator category and are subject to the hazardous waste generator accumulation, recordkeeping, and reporting requirements outlined in 40 CFR Part 262. Waste batteries can significantly impact a facility’s generator category and associated hazardous waste generator compliance requirements, particularly in certain industries, such as data centers, that generate significant quantities of waste batteries and minimal other hazardous waste streams. Most generators instead opt to manage their batteries under the 40 CFR 273 Universal Waste provisions, for lithium-ion batteries, small lead-acid batteries, and other hazardous waste batteries, or under the 40 CFR 266 Subpart G Standards for Spent Lead-Acid Batteries Being Reclaimed, for large lead-acid batteries. These management options provide more flexibility and reduce the compliance burden of managing end-of-life batteries. Universal Waste The universal waste regulations provide an alternate option for managing common hazardous waste streams, such as batteries, lamps, and aerosol cans, under streamlined standards while also encouraging recycling.
EHS Quarterly / trinityconsultants.com 7
Household Hazardous Waste Exclusion Household hazardous waste is excluded from the definition of hazardous waste under 40 CFR 261.4(b)(1). While waste, including batteries, generated by routine household activities is exempt from regulation as hazardous waste under this section, most industrial, commercial, and office facility waste does not meet this criteria. Facilities generating hazardous waste, including batteries, from areas such as bunkhouses may be able to utilize this exemption. However, in all cases EPA recommends that batteries be managed and disposed of in a manner that protects workers, prevents damage to the batteries, and minimizes the risk of fire. Lithium-Ion Battery Hot Topics More on Lithium-Ion Thermal Runaway Events Thermal runaway events occur when damage, short-circuiting, and other conditions cause a lithium-ion battery to have an uncontrollable exothermic reaction. Thermal runaway causes extreme temperatures and fires in lithium-ion batteries and are a key driver for the proposed new category of universal waste for lithium batteries. If a facility is storing many lithium-ion batteries together, there is the risk of a thermal event propagating to the other batteries and causing a very large fire event. In its May 24, 2023 memo “Lithium Battery Recycling Regulatory Status and Frequently Asked Questions”, EPA provided recommendations for safely managing end-of-life lithium batteries and preventing runaway events. Recommended practices include: f Storing lithium batteries away from flammable materials and occupied spaces and in spaces with good ventilation and climate control; f Developing emergency procedures and coordinating with local fire marshals (e.g., through Tier II reporting and fire marshal inspections); f Installing fire detection and suppression systems; and f Implementing proactive employee training and battery inspection procedures. Routine inspections of lithium-ion storage areas should include visual examination of the area for smoke, fire, and fumes (e.g., electrolyte venting). Temperature monitoring and inspection using thermal imaging can also help detect potential runaway events. If a thermal runaway event occurs, water and fire suppressant used to extinguish lithium-ion battery fires may contain solvents from the battery electrolyte and metals. Wastewater generated must be analyzed to confirm that it can be discharged under the facility’s National Pollutant Discharge Elimination System (NPDES) or pre-
treatment permit or collected as waste and assessed for hazardous waste characteristics (e.g., toxicity). If a runaway event occurs outside, a facility should consult the state and federal spill reporting requirements to determine if the water and or fire suppressant used to extinguish the runaway event should be reported. Managing Damaged Lithium-Ion Batteries Damaged, defective, or recalled (DDR) lithium-ion batteries may be managed as universal waste if the damage has not breached individual cell casings. DDR batteries with damaged individual cell casings must be managed as hazardous waste. DDR batteries are more likely to have runaway events and should be stored separately in a non-flammable material (e.g., sand). DDR batteries may not be shipped by air and must be packaged in accordance with US Department of Transportation (DOT) regulations in 40 CFR 173.185(f). While EPA and state agencies may use the term “DDR” to provide guidance and safety information to generators of waste batteries, note that “DDR” is a DOT term rather than a term found in the RCRA regulations. As alluded to in the DOT section below, RCRA hazardous waste and DOT hazardous materials regulations have independent requirements and must both be considered in managing compliance with end-of-life battery requirements. The Rise of Treatment and Recycling of Lithium-Ion Batteries Recycling of lithium-ion batteries has become increasingly important as the demand for electric cars and consumer electronic devices rise and more critical resources, such as lithium, nickel, and cobalt, are required. Batteries and devices containing batteries are often collected, sorted, and shipped by retailers, e-waste collectors, information technology vendors, and car mechanics. Universal waste handlers are facilities that generate and/or accept universal waste and accumulate it in accordance with 40 CFR 273 Subpart B or C. Universal waste handlers are classified as small or large quantity handlers depending on the maximum quantity of universal waste accumulated at any time. Universal waste handlers are not permitted to transport, dispose, or treat universal waste except as provided in Subparts B and C. Universal waste handlers may remove and sort batteries, discharge electric charge from batteries, and remove and regenerate electrolyte in batteries. Outside of these activities, universal waste handlers are not permitted to open or breach battery cells. Facilities that open or breach battery cells must be permitted treatment, storage, and disposal facilities (TSDFs) or hazardous waste recycling facilities. These facilities are subject to separate requirements under 40 CFR 264 and 40 CFR 261.6(c)(2), respectively. Facilities that open or breach battery cells include battery recyclers and shredders.
EHS Quarterly / Oct, 2024 8
f Key waste requirements, including proper container management and labeling and onsite accumulation time limits f Training requirements f Recordkeeping, including hazardous waste manifests and bills of lading Other Regulatory Considerations for Generator of Waste Batteries While this article focuses on regulatory requirements and best practices associated with managing end-of-life batteries under RCRA, facilities that use and dispose of batteries are subject to additional hazardous material management requirements as well. Emergency Planning and Community Right-to-Know Act In-use and waste batteries may also be subject to reporting under several sections of the Emergency Planning and Community Right-to- Know Act (EPCRA). Most notably, even a few large lead-acid batteries can trigger reporting under Section 302 Emergency Planning Notification and Sections 311 and 312 Chemical Inventory Reporting, due to sulfuric acid’s status as an Extremely Hazardous Substance (EHS). For a comprehensive catalog of chemicals subject to EPCRA reporting programs, see EPA’s List of Lists. Department of Transportation Generators of end-of-life batteries transported within the US are subject to the US Hazardous Material Regulations, including 49 CFR 173.185 for lithium batteries and 49 CFR 173.159 for lead-acid batteries. Regulatory requirements under these sections include packaging, shipping papers, labeling, and marking requirements. Waste batteries shipped internationally are also subject to International Air Transport Association (IATA) Dangerous Goods Regulations and International Maritime Dangerous Goods (IMDG) Code.
Prior to recycling, batteries are commonly shredded to separate out valuable metals and black mass. Batteries and the separated components can no longer be managed as universal waste after arriving at a TSDF or hazardous waste recycling facility and must be managed as hazardous waste. Black mass is recycled to recover metals and create new battery cathode and anode powders. Metals from black mass are recovered through pyrometallurgical (using heat) or hydrometallurgical (using solvents) recycling processes, then made into precursor cathode active materials, and then into cathode active materials for use in new lithium-ion batteries. Battery recyclers that store batteries or black mass with hazardous waste characteristics prior to recycling are required to apply for and obtain a RCRA Part B permit. Facilities subject to Part B permitting may trigger additional air emission standards in 40 CFR 264 Subparts AA and BB. Based on Trinity’s experience with permitting and supporting compliance at battery treatment and recycling facilities, the complexity of these regulations and state-specific nuances (e.g., interpretation on allowable holding times) is a key factor in strategic planning for recycling facilities, including determining how to best invest resources in new facilities, facility expansions, and new process innovations. Developing Compliant End-of-Life Battery Programs Trinity recommends developing waste management programs that outline applicable regulatory requirements and best practices. A waste management plan or written program serves as a cohesive document to define the facility’s waste management program, including how each type of waste battery generated by the facility should be managed and disposed. A written waste management plan serves several functions including identifying key regulatory requirements, supporting management of change and institutional knowledge, and improving sustainability outcomes and lowering disposal costs.
For generators of waste batteries, a waste management plan may include the following elements:
RELATED TRAINING
f Summary of applicable regulations f Sustainability goals and policies f General facility information
Introduction to Waste Management/RCRA Oct 22, 2024 Kansas City, KS Dec 10, 2024 Charlotte, NC
f Waste determination matrix documenting management method (e.g., universal waste or Subpart G) and associated requirements for each waste battery type f Hazardous waste generator and universal waste handler size determination
Learn more and register at trinityconsultants.com/training
EHS Quarterly / trinityconsultants.com 9
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EHS Quarterly / Oct, 2024 10
HAZARDOUS WASTE GENERATORS LEGALLY AVOIDING RCRA PERMITS
Branden Barry, PE, Managing Consultant —Raleigh, NC
At up to $50,000 in fines for each day of violation and up to 5 years imprisonment [42 U.S.C. 6928(d)(2)(A)], knowingly treating hazardous waste (HW) without a Resource Conservation and Recovery Act (RCRA) permit carries a steep penalty. Fortunately, HW generators are afforded certain allowances and conditions for exemption to conduct HW treatment on-site. What is treatment and how can we utilize the regulatory provisions available to generators to reduce operating and disposal cost without the seemingly arduous process of acquiring a RCRA permit and entering the RCRA corrective action program? RCRA Treatment The RCRA definition of “treatment” is a robust and nebulous term established in the 1980s [ 45 FR 33423 ]. According to 40 CFR 260.10 : Treatment means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
EPA has issued various interpretations that conclude treatment must change a hazardous waste per the bolded portion of the definition, with specific intent pursuant to the above underlined component. A common example of generator activity which may involve treatment is during characterization and consolidation of containers for shipment off-site: f Satisfies change but not specific intent (NOT Treatment) • Involuntary in-container compaction and mixing via handling/movement • Involuntary changes to waste during containerization from large accumulation units; As material is containerized, the viscosity, flash point, density, etc. may vary between the first and last container filled prior to shipping • Mixing for homogenization prior to gathering a sample for characterization f Satisfies specific intent but not change (NOT Treatment) • De-packaging • Palletizing • Re-packaging • Transferring material to a new container and removing liner due to structural integrity issue noted
• Recycling is inherently “treatment” by definition but is exempt from RCRA permitting
f Satisfies change and specific intent (Treatment!) • Decanting to reduce volume • Blending waste streams or shredding waste for consolidation • Vibratory compaction (e.g., electric and pneumatic vibration equipment applied to container) • Hydraulic compaction (e.g., drum compactor for compression of contents) Treatment without RCRA Permit In addition to activities which do not satisfy the definition of treatment, there are a variety of permissible generator treatment options that are exempt from RCRA permitting when utilized for HW generated on-site. This includes: 1. Treatment in Wastewater Treatment Units (WTU) • WTUs which are regulated under the Clean Water Act (CWA) as part of permitted pretreatment for discharge to a publicly owned treatment works (POTW) or treatment system for discharge to surface waters 2. Treatment in Totally Enclosed Treatment Units (TETU) • Units including piping directly connected to an industrial process such as stills, distillation columns, or pressure vessels, which prevent any hazardous waste release during treatment • Note, TETUs typically do not achieve the technology-based LDR treatment standards for listed HW thus resulting streams may remain listed HW 3. Elementary neutralization • Elementary Neutralization Units (ENU) specifically used for neutralizing wastes that are hazardous only for the corrosivity characteristic (EPA Waste Code D002) 4. Adding sorbents to wastes in containers to reduce free liquids • Addition of absorbent materials to waste in containers to solidify or reduce the free liquid content provided these actions occur at the time waste is first placed in the container, and the container is in good condition and compatible with the contents 5. Recycling • Legitimate recycling processes for Hazardous Secondary Materials (HSM)
6. Treatment occurring during immediate response to discharge or threat of discharge of a HW 7. Burning small quantities of HW on-site in a Boiler or Industrial Furnace (BIF) • The quantities are very limited (≤170 gallons/month) and the waste must have a minimum heating value ≥5,000 btu/lb and not exceed 1% of the unit’s total fuel requirement ♦ These provisions are seldom utilized and may still expose the site to Title V permitting and regulation under the Hazardous Waste Combustor (HWC) National Emission Standards for Hazardous Air Pollutants 8. Non-thermal treatment in HW generator accumulation units for Land Disposal Restrictions (LDR) • Most authorized state agencies will not allow generator treatment under this provision; Examples of state-specific generator treatment are shown in the subsequent section ♦ Examples of prohibited treatment may include processes conducted in tanks and containers including chemical oxidation, chemical precipitation, chemical reduction, component separation, evaporation, sedimentation, deactivation, polymerization, filtration, thickening, and stabilization • Non-thermal treatment under the LDR provisions requires a Waste Analysis Plan (WAP) detailing sampling and chemical/physical analytical procedures utilized to evaluate satisfaction of the LDR treatment standards • Although not intuitive from the 40 CFR 268.7(a)(5) , EPA has interpreted this exemption to include hazardous waste treatment occurring in 90/180/270-day accumulation containers without the LDR qualifier. EPA states this interpretation in numerous regulatory publications (e.g., 51 FR 10168 for SQGs, and most recently in 81 FR 85792 during the Generator Improvements Rule development for both SQGs and LQGs), but has so far opted to not explicitly codify this interpretation. State-Specific Treatment Allowances As noted under Item 8 of the previous section, there are no federal provisions which specifically preclude generators from conducting treatment in containers and tanks. For this reason, various state agencies allow certain types of generator treatment; thus, one must
EHS Quarterly / Oct, 2024 12
Generator Treatment Requirements If a HW generator conducts exempt permissible treatment, how does this impact generator recordkeeping and reporting requirements? Can one be categorized as a lower generator category [Large Quantity Generator (LQG) to Small Quantity Generator (SQG) to Very Small Quantity Generator (VSQG)] if treating waste? The answers depend primarily on whether the treatment conducted produces a final waste stream which is no longer characterized as hazardous waste. In general, most forms of generator treatment do not occur immediately upon generation or remove characteristic waste codes such as those treatment processes performed at RCRA permitted Treatment, Storage, and Disposal Facilities (TSDF). For example, compacting a drum with solvent-contaminated debris to minimize the number of hazardous waste drums shipped offsite does not change the ignitability concern of the solvent-contaminated debris (and in-turn, does not change the facility’s generator category). There are several federal provisions that exempt HW from being counted towards the monthly generator total and associated Waste Generation and Management (GM) reporting required by the federal or state agency (i.e., federal biennial report for LQG, state-specific annual or biennial HW reporting). However, only two (2) exemptions pertain directly to treatment: f HW managed immediately upon generation including: • Corrosive HW managed in an on-site ENU • HW managed in a WTU or TETU • Any hazardous byproducts exiting the WTU and TETU must
familiarize themselves with state agency requirements which may offer additional operational flexibility. Examples include: f Washington Department of Ecology • Washington defines RCRA hazardous waste as “dangerous waste”, which is more robust than the federal definition, and has developed guidance allowing generators to treat
hazardous waste without a permit via the following: solidification, evaporation, filtration, carbon adsorption, separation, polymerization, aldehyde deactivation
f Ohio Environmental Protection Agency • Ohio allows for generator treatment without a permit to the fullest intent of EPA’s rules including use of evaporators to concentrate inorganic wastes f Indiana Department of Environmental Management • Use of evaporators for aqueous waste is permissible if performed in tanks meeting specific design standards and only water is being evaporated from waste which contains less than one (1) part per million volatile hazardous constituents f California Department of Toxic Substances Control • California has developed Permit by Rule (PBR) requirements allowing operation of certain generator hazardous waste treatment activities in tanks or containers, designated Fixed Treatment Units (FTU) and Transportable Treatment Units (TTU), without a state-issued Hazardous Waste Facilities Permit • The PBR excludes reactive and extremely hazardous waste
be counted towards the generator total (e.g., distillation column bottoms, WTU sludge, treatment residuals that do not satisfy the LDR treatment standards)
EHS Quarterly / trinityconsultants.com 13
RCRA Permitting If your site generates large volumes of HW which require costly transportation and disposal from off-site TSDFs, particularly if your facility is in a remote location and seeking more in-house control and self-sufficiency, it may be worth considering a RCRA Permit. A RCRA Permit affords the site the ability to store and treat HW in permitted waste management units that are not limited by the stringent ENU, WTU, and TETU provisions and limited scope of generator treatment options. RCRA Permits are issued for 5 to 10 years depending on the authorized state agency. The full timeline for RCRA Permit issuance ranges from 1-2 years for non-thermal treatment and 2-3+ years for thermal treatment, such as energy recovery or incineration, so plan accordingly. If you’d like to discuss generator treatment or RCRA permitting, consider reaching out to our team of experts at +1.800.229.6655 or via email at:
f HW recycled without prior storage or accumulation in an on-site process • Note, EPA and state agencies have historically interpreted storage as 24 to 72 hours, though the actual timeframe is not codified The Universal Waste (UW) rules also allow for certain types of activities which may be considered treatment (e.g., disassembly and removal of electrolyte from batteries, puncturing and draining aerosol cans), but UW is not counted towards the monthly generator total or subject to generator recordkeeping and reporting. Aside from WAP conditions for LDR treatment, there are no federal recordkeeping and reporting requirements specific to generator treatment that are distinct from standard generator requirements. Waste characterization, on-site accumulation, and monthly generator status determinations still apply, unless treatment satisfies the aforementioned exemptions and removes HW characteristics from the treated streams. Hazardous waste treatment byproducts and residuals which are characterized or listed HW and shipped off-site must be manifested and LDR notifications apply (e.g., small quantity HW burner produces HW ash, sorbent addition to containers to reduce free liquids does not remove HW determination, chemical precipitation to remove HW toxic metals as a separable solid). It is recommended to document any exempt and permissible treatment in the generator’s Personnel Training Plan, Contingency/Preparedness & Prevention Plan, and Waste Minimization Plan, as applicable. Note, the EPA Site ID form (Form 8700-12) requests notification of treatment, but this does not apply to exempt treatment. It is recommended to retain records of on-site treated mass/volume akin to standard HW generation records. Always consult state agency resources as certain states have more stringent recordkeeping and reporting requirements for generator treatment.
Generator Treatment: Regina DiLavore - regina.dilavore@trinityconsultants.com
RCRA Permitting: Branden Barry – bbarry@trinityconsultants.com
RELATED TRAINING
Introduction to Waste Management/RCRA Oct 22, 2024 Kansas City, KS Dec 10, 2024 Charlotte, NC National RCRA Webinar Series Part 1 - Reduce Hazardous Waste Liability: Maximizing RCRA Exemptions Access Anytime On Demand
Learn more and register at trinityconsultants.com/training
EHS Quarterly / Oct, 2024 14
Sulfuric Acid Spill Case Study
Spills of products contained in drums and totes onto soil are a common occurrence in an industrial setting. Whether accidentally puncturing containers with a forklift or losing material during a transfer operation, spills of material with a pH ≤2 or ≥12.5 has implications for generation of corrosive HW. The elementary neutralization treatment exemption affords the generator a unique opportunity for excavation and ex situ treatment on-site. Further, is it possible to treat the contaminated soil in situ? Consider the options available when a 275-gallon tote of 93% by weight sulfuric acid (roughly 3,900 lb of sulfuric acid) is punctured during unloading and completely drains into soil in an outdoor storage yard. We will assume the tote contents are characterized by only EPA Waste Code D002 when discarded.
Ex Situ Treatment
In Situ Treatment
f In Situ treatment within an Area of Contamination (AOC) is not subject to RCRA permitting requirements nor LDR considerations including treatment standards f If the material is not being excavated, the spill area is not considered a point of generation and therefore, in situ remediation is not considered land disposal f Mix and rototill soda ash into the contaminated soil f Document the following: • Sampling and testing of contaminated soil • Delineation made to determine the extent of the AOC • Remediation procedures such as mixing of high pH material to neutralize the acid • Verification sampling and testing to document the final pH of the soil f It is recommended to maintain in situ remediation records for the life of the facility f Confirm no additional state-specific requirements
f Sulfuric acid-contaminated media is excavated and placed into a lined roll-off and determined to be corrosive f Develop a brief waste analysis plan to describe how the soil will be treated and verification of treatment f The lined roll-off is considered an “elementary neutralization unit” and neutralization within the unit is exempt from RCRA permitting f Mix soda ash (sodium bicarbonate) into the roll-off to de-characterize the material as solid waste which is no longer corrosive f Dispose of the de-characterized soil in a RCRA Subtitle D landfill (additional requirements apply to redeposit on-site) • Include notice and certification of treatmen t with the initial shipment f If the material was treated immediately upon excavation, the mass does not count towards the facility’s monthly HW generator total f Maintain all notices and waste analysis data for at least 3 years f Confirm no additional state-specific requirements
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Release Reporting
f Sulfuric acid is a listed hazardous substance under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) f Sulfuric acid is an Extremely Hazardous Substance (EHS) under the Emergency Planning and Community Right-to-Know Act (EPCRA) f Notification reporting is required for releases of sulfuric acid exceeding the Reportable Quantity (RQ) f The sulfuric acid RQ is 1,000 pounds under both CERCLA and EPCRA, which has been exceeded in this scenario [93% x 275-gal x 15.35 lb/gal (Density) ≈ 3,900 lb] f Immediately notify the National Response Center f A chemical release with exposure to only facility employees is exempt from EPCRA notification requirements, but state-specific requirements may still require notification f Otherwise, exceedance of the EPCRA RQ requires immediate verbal notification to the State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC), and follow-up written emergency notice of release (within 30 days typical)
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Drum Compaction Case Study
Management is tired of paying shipping costs for half-empty steel drums of solvent-contaminated debris (an ignitable hazardous waste), so they approach you about purchasing a hydraulic drum compactor. Less drums and an overall reduction in costs; what could go wrong? As an LQG, you know that your facility is commonly under scrutiny, so you need to make sure everything is considered.
Regulatory Considerations
Practical Considerations
f Compacting hazardous waste meets the definition of treatment as there is a physical change to the hazardous waste and an intent to reduce the volume f Hazardous waste treatment of this nature is only allowed in accumulation containers, meaning that drum compaction is not allowed in satellite accumulation containers (the typical type of container accumulating solvent-contaminated debris) f Drum accumulation containers must comply with the container management requirements of 40 CFR 262.17(a) (1) , which notably includes: • Keeping the container closed except when adding or removing waste • Inspecting the container at least weekly for leaks and deterioration • Shipping the container off-site within 90 days of accumulating hazardous waste within the container f Update the facility’s RCRA Contingency Plan and associated Quick Reference Guide to incorporate these new accumulation containers f Confirm the State agency’s interpretation of the 40 CFR 268.7(a)(5) treatment exclusion, and ensure no additional state-specific requirements apply
f As the drum compaction must occur in accumulation containers that are subject to a 90-day time limit, will the facility be able to fill these drums and ship them off-site within 90 days? How long does it take to fill the drum without compaction? Converting the satellite accumulation drum to an accumulation drum may not make sense if the satellite drum takes a significant amount of time to fill. f What is the weight limit of the steel drums? Will the compaction create drums that are too heavy to move or ship? f How will the facility ensure the drums remain closed when not actively adding waste to the drum? Does the compaction device maintain a seal when engaged with the drum? If not, how much time will it take to move the drums in and-out of the compactor, adding/removing lids, etc.? Should the facility compact the drums daily, weekly, or some other frequency? f Who will complete the required weekly inspections of the drums being compacted? Do they have adequate RCRA training to complete these inspections? f Are there any new safety concerns associated with compacting the ignitable debris? f Likely need to develop a Standard Operating Procedure for the drum compaction operation as a tool to ensure regulatory compliance.
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EPA’S AGGRESSIVE PUSH ON REFINERIES FOR STRICTER BENZENE CONTROLS
David Wall, PE, Director of Refinery Sector Services — Chicago, IL
The BWON regulation dates back to an initial promulgation in 1990 and has not been significantly revised since 1993; however, compliance expectations have been reshaped as a result of a concerted U.S. EPA enforcement effort in the early 2000s. The enforcement initiative resulted in companies representing greater than 95% of total U.S. petroleum refining capacity entering into largely identical “global” consent decrees. Among the requirements of these new consent decrees were a set of enhanced requirements specific to BWON compliance. In this set of consent decrees, U.S. EPA focused largely on ensuring that applicable sites were properly identify and characterizing all waste streams. Facilities were required to engage third parties to verify their waste stream lists and quantification as well as the adequacy of outside laboratories used to provide waste stream characterization data. Facilities implemented enhanced management of change (MOC) processes focused on identifying any new or modified benzene-containing waste streams or equipment changes that could impact BWON controls compliance. Facilities also prepared end of line (EOL) programs that utilized downstream waste/wastewater sampling as a rough verification of the accuracy of upstream TAB quantifications. While this series of consent decrees
U.S. EPA published an enforcement alert in February – “Violations at Petroleum Refineries and Ethylene Plants Cause Excess Benzene and Other VOC Emissions in Nearby Communities.” This alert summarizes what has been a renewed Benzene Waster Operations NESHAP (BWON) [40 CFR 61 Subpart FF] enforcement initiative which dates back more than two years. Refineries and Chemical plants are in the midst of a new enforcement wave, bringing with it new U.S. EPA interpretations and enhanced focus areas. The result of this enforcement effort looks to be a new round of “global” consent decrees that will set new standards for compliance across the industry. History of BWON Enforcement Generally, the BWON applies to all petroleum refineries and chemical plants (a source category which is broadly defined). All subject facilities are required to account, at least initially, for the Total Annual Benzene (TAB) mass contained in waste and wastewater streams generated by the facility. Depending on the magnitude of the TAB (greater than or less than 10 megagrams [Mg]), facilities are also subject to various control requirements and associated monitoring and inspection requirements.
included new requirements for operating and monitoring carbon canister control devices; the vast majority of new requirements were specific to proper identification and quantification of waste streams and were not focused on the control requirements of the rule. Recently, several facilities have been successful in terminating their consent decrees. Once terminated, most of the enhanced BWON requirements no longer apply to the site. Although the BWON has not been significantly revised since 1993, U.S. EPA was offered the opportunity to formally incorporate any enhanced requirements via the risk and technology review cycle for the refinery Maximum Available Control Technology (MACT) regulations (40 CFR 63 Subparts CC and UUU). 40 CFR 63 Subpart CC includes wastewater requirements for refineries which cross reference the BWON. During this rulemaking, U.S. EPA decided to not adopt any additional requirements for refinery wastewater collection and treatment systems based partially on the concept that new benzene fenceline monitoring requirements would be sufficient to assure adequate control from wastewater sources. Recent U.S. EPA Inspections More than two years ago, U.S. EPA initiated a renewed compliance and enforcement program for the BWON. Led by U.S. EPA Region 5 and the National Enforcement Investigations Center (NEIC), BWON compliance inspections have been conducted at several facilities across the petroleum refining, ethylene production, and broader chemical sectors. Rather than focusing on waste stream identification and quantification, U.S. EPA is focusing more intensely on BWON control requirements for applicable waste management units (WMUs). U.S. EPA has been leveraging new technologies as part of these recent inspections including the use of optical gas imaging technology to screen for potential leaks from controlled equipment as well as Geospatial Measurement of Air Pollution (GMAP) where ambient monitoring instrumentation installed in mobile vehicles can provide real-time monitoring data for pollutants (including benzene) along facility perimeters and within surrounding communities. Based on screening with innovative technologies and follow-up Method 21 monitoring and visual inspections, U.S. EPA has identified common issues across sites that include: f Junction boxes/lift stations f Cracks f Bad seals f Leaks from hatches f Wastewater Treatment Plant (WWTP) f API roof seals/seams
U.S. EPA (2020). NEIC Advanced Monitoring - GMAP [Document] https://www.epa.gov/sites/ default/files/2018-05/documents/factsheet-neic-fb-advmonitoring.pdf
f DAF/DGF roof leaks f Pressure Relief Valves
f Visual identification of relief event (residual staining) f Method 21 monitoring indicating hasn’t properly reseated Enforcement Alert Published In February 2024, U.S. EPA issued an enforcement alert, specific to BWON compliance concerns across the refining and ethylene industries. The enforcement alert lists areas of observed noncompliance and offers strategies that facilities can employ for enhanced compliance to mitigate enforcement risk (largely involving significant capital expenditures to install new control equipment). U.S. EPA identified categories of noncompliance concerns including observed failures to properly conduct visual inspections and no detectable emissions (NDE) leak monitoring. U.S. EPA also claims that sites are failing to properly correct noncompliance, resulting in “chronic” issues where the same equipment is found to fail NDE monitoring or visual inspections across more than one set of monitoring events. Additionally, U.S. EPA highlighted the following
areas of concern: f Missing bolts f Unlatched hatches f Poorly gasketed hatches f Damaged or missing caulking f Obvious cracks in sealant f Holes in roofs f Gaps between cover and walls in separators f Oil on covers f Dry water seals
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