shanks,david, boeing, tailored rcra generator rules--past reports and future plans, at 2014 missouri...
DESCRIPTION
A presentation by David Shanks about RCRA for academic labs, retailers, and pharmacies. What can be learned for RCRA generators who are not in one of those sectors.TRANSCRIPT
TAILORED RCRA GENERATOR RULESPAST EFFORTS AND FUTURE PLANS
2014 Missouri Hazardous Waste SeminarNov. 4, 2014David Shanks, Boeing Policy Analysis
1980 Rules - Ideal Generator
•Drum or bulk quantities •Steady production of consistent waste streams•Treatment/disposal facilities available to accept all wastes within 90 days
Labs Don’t Fit the RCRA Ideal
Laboratories generate Numerous waste streams Small quantities per lab Unknown characteristics
of created compounds Are stored reagents
Needed for future use? Abandoned in place? Past usable shelf life? In unmarked containers?
Lab Issues with Standard Rules
3 day limit on satellite accumulation over 55 gal. or 1 quart for acutely hazardous waste Forces frequent, but
irregular removal from numerous labs
400 labs at University of Vermont
More Lab Regulatory Issues
In academic labs, fragmented departments and student turnover: Limits depth of
RCRA training/experience and
Inhibits awareness of possible reuse or recycling in another lab.
Early EPA Efforts for Labs June 2000
EPA solicited academic labs to participate in Project XL/Labs21 program to gather information
2002 EPA Report to Congress on Lab Waste
April 2004 EPA Advance Notice of Proposed
Rulemaking (ANPRM) soliciting input on needed generator rule changes (not just labs)
Laboratory Rulemaking May 23, 2006 Proposed Subpart K Rule
“Alternative Requirement for Hazardous Waste Determination and Accumulation of Unwanted Material for Laboratories Located at Colleges/Universities”
Requires labeling sufficient to allow a fully RCRA-trained person to assign correct waste code
Follow written Laboratory Management Plan 6 months max. accumulation time in lab-- under
55 gal/1 qt 10 days to remove excess (55 gal or 1 qt.) from
satellite accumulation, rather than 3 days Special rules for central accumulation area and
annual lab cleanouts (up to 30 days allowed)
Laboratory Rulemaking
Non-academic labs submitted comments seeking coverage. Other than student turnover, industrial,
commercial, and (non-teaching) medical labs have the same problems with RCRA rules as colleges. EPA allowed teaching hospital labs, but
excluded all others.
Ohio EPA stated that the lab rule is a poor substitute for addressing problems in the accumulation rules for all generators.
Laboratory Rulemaking
Final Subpart K rule published Dec. 1, 2008. In tailoring optional RCRA rules for labs, EPA
created substantial new and different requirements
University facility operations also generate non-lab hazardous waste. Result: two sets of RCRA rules at the facility
Adopted by Missouri Nov. 2011. Eleven years after EPA recognized the
problem. Rate of opt-in by Missouri academic labs?
Retailers Don’t Fit RCRA Industrial Generator Rules
Either
Retailers
Instead of re-examining RCRA rules, EPA and states took an Enforcement First approach to retailer noncompliance
Multi-million $ RCRA penalties (along with CWA, FIFRA, etc.) Wal-Mart Target CVS Pharmacy Costco Albertsons grocery chain Home Depot
Retailers’ Situation Products handled by retailers are seldom
“spent” materials that are obviously waste Containers damaged in handling Spill cleanup Customer returns: held for resale or
“discarded” not always clear Products in good condition, but not selling Stores often served by “reverse logistics
centers” for decisions on whether product can still be
sold, returned to vendor, donated, recycled, or disposed.
Retailers’ Situation Chains may have thousands of locations in
multiple states but not thousands of RCRA compliance experts
on the ground to observe at each store state rule add-ons (MO, CA, WA, others)
prevent consistent corporate training courses Same problem as industrial generators who
operate in multiple states Boeing experience with a draft corporate training
Developed in Puget Sound by persons accustomed to Washington state rules
Not just incomplete, but wrong for other states.
Retailers’ Situation Hundreds of thousands of employees and
3rd party vendors handle merchandise Employees in US
Wal-Mart- -1.4 million Target --350,000
Seasonal temporary and part-time employees are common in retail Even industrial facilities struggle to meet 100%
annual RCRA refresher training for full-time permanent employees, due to Leaves of Absence
For retailers, absence from one year to next is issue
2012—EPA Recognizes a Problem
Some RCRA generator requirements are a poor fit. For example, RCRA presumption that waste codes will be known by in-store personnel.
2012 Unified Agenda opened rulemaking review project regarding retailers and RCRA Carried forward in Spring
and Fall 2013 Unified Agendas
Next EPA Action? Feb. 14, 2014
EPA Notice of Data Availability Invites comment on issues and challenges
retailers face complying with RCRA rules Retail associations submitted 41 page
comment letter Among others, seeks conditional
exemption for unsold or returned products managed in a reverse distribution system.
Most recent EPA Unified Agenda: “Next action undetermined”
Missouri Actions
Draft MO rule revisions address some retailer concerns with Missouri-unique rules “If a generator determines that labeling
a container with a capacity of less than one gallon is not feasible, the generator shall affix the appropriate label(s) to the locker, rack or other device used to hold or accumulate such container.”
Eliminates requirement for DOT packaging during entire storage period.
US Dept. of Transportation July 5, 2012. Advanced Notice of Proposed
Rulemaking (ANPRM) Solicited comment on reverse logistics
August 11, 2014. Proposed Rule Define “reverse logistics”
“Process of moving goods from their final destination for the purpose of capturing value, recall, replacement, proper disposal, or similar reason”
Modify and reduce packaging, hazard communication, and training requirements for reverse logistic shipments. Define responsibilities.
DOT rulemaking is ahead of EPA Both are needed
Pharmaceuticals Don’t Fit RCRA Industrial Generator
Rules Either
RCRA Listed Pharmaceuticals 5-10% of pharmaceuticals
are on P- or U- waste lists. Warfarin blood thinner,
nicotine patches, and physostigmine are common P-listed acute wastes
Result of acute hazard? 2.2 lb/month generation =
Large Quantity Generator Empty containers or
packaging are not RCRA-empty unless triple rinsed (or equivalent). Rinsate is hazardous by mixture rule for listed wastes
P-listed Container Residues
Is LQG status determined by total weight of containers or weight of the residues? Nov. 4, 2011 EPA
guidance says weight of residues only
States are free to impose their own rules or interpretation
EPA Recognized a Problem
On Dec. 2, 2008, EPA proposed a Pharmaceutical Universal Waste rule About 634,000 affected health care entities in US Assoc. of State & Territorial Solid Waste Mgt
Officials suggested simpler rules for safe handling & incineration of all pharmaceuticals. EPA rejected. P- and U- listings do not keep up with new drug
introductions
EPA withdrew its proposal in 2012. US Drug Enforcement Agency (DEA) proposed a
new rule on Dec. 21, 2012 on Disposal of Controlled Substances.
DEA Adds Complexity
DEA issued its final rule Sept. 9, 2014. Overlap of DEA-controlled and RCRA-
hazardous drugs is limited, but both rules apply
DEA rule concerned with tracking of registrants to control diversion of narcotics DEA defers to EPA on methods of
destruction & RCRA compliance Under DEA voluntary take-back provisions,
household donors might qualify for RCRA household hazardous waste exemption
Further EPA Action
Spring 2014 EPA Unified Agenda Projects a Dec. 2014 proposal to set
Management Standards for Hazardous Waste Pharmaceuticals (not as Universal Waste) Focused on reverse distribution system
While EPA tried to decide, Florida and Michigan adopted Universal Waste standards for hazardous pharmaceuticals: Storage longer than 90 days, and weight of
drugs/residues don’t count toward SQG/LQG status.
Applicable only within state boundaries, however.
Lessons Learned
Tailoring RCRA rules to non-industrial waste: May take a decade or more
especially if EPA’s starting point is the text of existing RCRA rules
May result in tailored rules that address some issues, but increase complexity Subpart K lab rules
States may choose not to adopt, adopt only slowly, opt for a Universal Waste approach, or muddle through with guidance or enforcement discretion