1. Pollution Prevention Waste Management Workshop September 30, 2015 Will Wyman, Team Leader Waste Permits Industrial & Hazardous Waste Program Update

2. Brent Wade Deputy Director PERMITTING & REGISTRATION SUPPORT DIVISION Jaya Zyman, P.E., Director REGISTRATION & REPORTING SECTION Don Kennedy, Manager OCCUPATIONAL LICENSING SECTION Russ Gardner, Manager REMEDIATION DIVISION Beth Seaton, Director SUPERFUND SECTION Monica Harris, Manager VOLUNTARY CLEANUP PROGRAM/CORRECTIVE ACTION SECTION Anna Brulloths, Manager PETROLEUM STORAGES TANK/DRY CLEANER REMEDIATION SECTIONS Ken Davis, P.G., Manager DIVISION SUPPORT SECTION Suzanne Vargas, Manager WASTE PERMITS DIVISION Earl Lott, Director INDUSTRIAL & HAZARDOUS WASTE PERMITS SECTION Bob Patton, Manager MUNICIPAL SOLID WASTE PERMITS SECTION Chance Goodin, Manager BUSINESS & PROGRAM SERVICES SECTION Brandy Brooks, Manager RADIOACTIVE MATERIALS DIVISION Charles Maguire, Director RADIOACTIVE MATERIAL LICENSING SECTION Bobby Janecka, Manager UNDERGROUND INJECTION CONTROL PERMITS SECTION Lorrie Council, P.G., Manager URANIUM SECTION Vacant 2

3. Waste Permits Division Earl Lott Director INDUSTRIAL & HAZARDOUS WASTE PERMITS SECTION Bob Patton, Jr., Manager MUNICIPAL SOLID WASTE PERMITS SECTION Chance Goodin, Manager BUSINESS & PROGRAM SERVICES SECTION Brandy Brooks, Manager 3

4. Industrial & Hazardous Waste Permits Section Bob Patton, Jr. Section Manager TECHNICAL ANALYSIS GROUP Scott Green, Work Leader INDUSTRIAL & HAZARDOUS WASTE PERMITS SECTION TEAM 1 Will Wyman, Team Leader INDUSTRIAL & HAZARDOUS WASTE PERMITS SECTION TEAM 2 Sarah Schreier, P.G., Team Leader 4

5. Industrial & Hazardous Waste Permits Section Permits: 180 52 Commercial 128 Non-Commercial Post-Closure Orders: 6 Notifications, permit reports, etc. 5

6. Industrial & Hazardous Waste Permitted Facilities & TCEQ Regions 6

7. Permitted Units by Type 7

8. Permitted Hazardous Waste Combustion Units 23 sites have 56 combustion units 13 Incinerators 34 Liquid-Fired Boilers 8 Halogen Acid Furnaces 1 Sulfuric Acid Furnace 8

9. Technical Analysis Group Waste Classification Audits Special waste authorizations Variances Recycling activity notifications DSW exclusions QA/QC data sets reviewed for combustion projects 9

10. Rules - Solvent Contaminated Wipes TCEQ rule effective January 8, 2015. Reusable wipes excluded from definition of solid waste Disposable wipes excluded from definition of hazard waste (§30 TAC §§335.1(140)(A)(iv) & §335.29 and §335.504) 10

11. I&HW Rulemaking December Agenda House Bill 2598 prevents the TCEQ from regulating steel slag as a solid waste E-manifest – preparing TCEQ rules for future electronic manifest system Revised requirements for export provisions of the Cathode Ray Tube (CRT) Revisions to the Definition of Solid Waste (DSW) 11

12. DSW Highlights Federal DSW rule became effective July 13, 2015 Adds new definitions and exclusions Improves existing definitions and criteria Minimal impact to existing exclusions TCEQ Rule will go to proposal in December 12

13. DSW Highlights Hazardous secondary materials (HSMs) Listed by-products, listed sludges and spent materials that are recycled by being reclaimed Three new exclusions for HSMs Generator controlled exclusion Verified recycler exclusion Remanufacturing exclusion 13

14. DSW Highlights Generator Controlled Exclusion (HSMs) (1) notification requirements (2) HSMs must be properly contained in order to prevent releases to the environment, (3) specific criteria for evaluating the legitimacy of the reclamation process, 14

15. DSW Highlights Generator Controlled Exclusion (HSMs) (4) specific recordkeeping requirements for the generator of the hazardous secondary materials, and (5) that the hazardous secondary materials not be speculatively accumulated. 15

16. DSW Highlights Verified Recycler Exclusion HSMs - being reclaimed at a facility that is not under the control of the generator. (1) notification requirements (2) HSMs must be properly contained in order to prevent releases to the environment, (3) specific criteria for evaluating the legitimacy of the reclamation process, 16

17. DSW Highlights Verified Recycler Exclusion HSMs - being reclaimed at a facility that is not under the control of the generator. (4) specific recordkeeping requirements for the generator of the hazardous secondary materials, and (5) that the hazardous secondary materials not be speculatively accumulated. 17

18. DSW Highlights Verified Recycler Exclusion HSMs - being reclaimed at a facility that is not under the control of the generator. (6) that the facility that reclaims HSMs have either a RCRA permit or a solid waste variance, and (7) that the reclamation facility and all facilities that handle the hazardous secondary materials prior to arrival at that facility have and maintain proper financial assurance. 18

19. DSW Highlights Remanufacturing Exclusion Excludes specified spent solvents from the definition of solid waste when the spent solvents are generated in Texas and regenerated in Texas (1)Has to be one or more of the solvents specified in the exclusion (2)notification requirements 19

20. DSW Highlights Remanufacturing Exclusion 3) that the origin of the spent solvents, the facilities to which the spent solvents are sent to be remanufactured, and the uses to which the remanufactured solvents are sent once they are remanufactured are those specified in the exclusion, (4) specific recordkeeping requirements for the generator and remanufacturer of the spent solvents, 20

21. DSW Highlights Remanufacturing Exclusion (5) that tanks and containers meet specific technical standards, (6) that all equipment, vents, and tanks involved in the remanufacturing of the spent solvents be managed in accordance with requirements specified in the exclusion, and (7) that the spent solvents not be speculatively accumulated. 21

22. DSW Highlights Non-waste Determinations Under the new DSW rule, non-waste determinations can be granted for HSMs that satisfy the legitimacy criteria found in 40 CFR §260.43 which: (1)Are reclaimed in a continuous industrial process; or (2) Are indistinguishable in all relevant aspects from a product or intermediate. 22

23. DSW Highlights TCEQ 30 TAC 335 variance language will need to be updated. (1)Facilities operating under an existing variance will need to re-notify every 10 years and require states to review how the facility meets the variance criteria before renewing the variance. (2)The rule will also require facilities that have been granted a “non-waste determination” to re-notify every 10 years. 23

24. EPA Coal Combustion Residual (CCR) Waste Rule Rule published in Federal Register April 17, 2015 States are not required to adopt since the rule has self implementing provisions Corrections published in Federal Register July 2, 2015 Effective date of rule October 19, 2015 24

25. Applicability Owners and operators of: New and existing CCR landfills New and existing CCR surface impoundments Any lateral expansions of CCR landfills or surface impoundments Inactive CCR surface impoundments located at active utilities 25

26. EPA Coal Combustion Residual (CCR) Waste Rule Effective October 19, 2015 – 6 month items due at that time Email for receiving information CCRNOTIFY@tceq.texas.gov 26

27. Generator Rule (changed slide) More Stringent Documenting hazardous waste determinations SQG Re-notify Identifying Risks of wastes being accumulated and labeling Closure notification (TCEQ already requires) Biennial reporting for whole year (TCEQ requires) Executive Summary for contingency plans 27

28. Generator Rule (changed slide) Less Stringent CESQG Consolidation Episodic Generation Waiver from 50’ rule Lids on SAA areas Overhaul – 60 plus changes http://www2.epa.gov/hwgeneratorshttp://www2.epa.gov/hwgenerators -all 3 rules (import/export is third one) October 13, Pharmaceutical webinar October 15, Generator Rule webinar 28

29. Other EPA *Proposed* Rules Generator Rule – proposed 9/25/15 Add, revise, and correct definitions including: "Large quantity generator – (LQG)," "acute hazardous waste," "central accumulation area” Rename conditionally exempt small quantity generators to "very small quantity generators – (VSQG)” all generators are conditionally exempt from regulation as permitted storage facilitates Requires small and large quantity generators to create and maintain records supporting their solid and hazardous waste determinations 29

30. Generator Proposed Rules 30 Reorganization of Generator Regulations

31. Proposed - CESQG Consolidation Some companies would like to be able to consolidate wastes from multiple CESQG sites for more efficient shipping and hazardous waste management Reduce liability for company as a whole to ensure proper management of hazardous waste Sending to a RCRA-designated facility is the most environmentally sound option Currently an LQG needs a RCRA permit to receive CESQG wastes 31

32. Proposed - CESQG Consolidation Allow consolidation of hazardous waste at an LQG under the control of the same person: Person – as defined under RCRA Control – power to direct policies at the facility CESQG Requirements Marks and labels waste containers with “VSQG Hazardous Waste” Complies with DOT shipping requirements LQG Requirements Notifies state on Site ID Form that it is participating in this activity and identifies participating CESQGs; maintains records of each shipment Manages consolidated waste as LQG hazardous waste Reports quantities managed as part of Biennial Report submission 32

33. Episodic Generation Issue Allow generators to maintain their existing category provided they comply with streamlined set of requirements Once a calendar year with ability to petition for second event Notify EPA or state prior to initiating a planned episodic event and have up to 45 days to complete “episodic” event(s) and ship waste off-site; allow for 30 day extension 33 Proposed-Episodic Generation Issue

34. Streamlined Requirements for CESQGs: o Obtain RCRA identification number o Notify EPA or state taking advantage of program o Use hazardous waste manifest and transporter to send episodic waste to RCRA-designated facility (TSDF or recycler) o Manage the episodic hazardous waste in a manner that minimizes the possibility of an accident or release o Label episodic waste containers o Identify an emergency coordinator o Maintain records associated with episodic event SQGs need only notify EPA or state, comply with existing SQG regulations, and maintain records associated with the episodic event 34 Proposed - Episodic Generation Issue

35. Other Proposed Generator Provisions 50-foot waiver for LQGs with ignitable and reactive wastes Satellite accumulation areas Adding flexibility to closed containers and providing maximum weight in addition to volume, and clarifying 3 calendar days. Require SQGs and LQGs to keep documentation when a solid waste is determined to not be a hazardous waste. Scope of provision would focus only on those solid wastes found in 40 CFR 261.2 (i.e., spent materials, sludges and byproducts, discarded commercial chemical products) that have potential to be a listed or characteristically hazardous waste in 40 CFR 261.3 Many states already require such documentation; the estimated number of determinations is low and often non- recurring 35

36. Other Proposed Generator Provisions Container labels must indicate the hazards of the contents of the containers (i.e., ignitable, toxic, reactive and/or corrosive Container labels must have “plain English” words that identify container contents Flexibility in how to comply with this new provision; can indicate the hazards of the contents of the container using any of several established methods (i.e., DOT, OSHA labels, etc.) Tanks, drip pads, containment buildings can keep this information in logs or records kept near the accumulation site 36

37. Other Proposed Generator Provisions Re-notification by Small Quantity Generators (SQG) Require SQGs to notify every 2 years. Issue: at national level waste reported biennial Preparedness, prevention, and emergency procedures for SQGs and LQGs would be clarified and strengthened. Closure requirements for LQG accumulation units would be expanded. 37

38. Proposed Generator Provisions PROPOSED VS ADOPTED VS TCEQ ADOPTED http://www2.epa.gov/hwgenerators/proposed-rule- hazardous-waste-generator-improvements http://www2.epa.gov/hwgenerators/proposed-rule- hazardous-waste-generator-improvements 38

39. EPA Pharmaceutical Proposal 9/25/15 Conditionally exempt small quantity generators (CESQGs) are not affected Hazardous waste pharmaceuticals will no longer count toward a healthcare facility's generator status Small and large quantity hazardous waste generators of hazardous waste pharmaceuticals must file a one-time notification with US EPA 39

40. Pharmaceutical Proposal 40 CFR 266 Pharmaceutical reverse distributors (RDs) – will have standards to meet RDs Can only accept “potentially creditable hazardous waste pharmaceuticals” Unused or un-administered; and Unexpired or less than one year past expiration date No RCRA storage permit required All RDs are regulated the same for hazardous waste pharmaceuticals 40

41. Pharmaceutical Proposal 40 CFR 266 CESQGs can send waste to an off-site healthcare facility Standards similar to LQGs, with additions: One-time notification as RD (as opposed to as a generator or TSDF) Inventory of HW pharmaceuticals facility security 41

42. Pharmaceutical Proposal 40 CFR 266 Waste pharmaceuticals that are hazardous can no longer go down the toilet or drain (sewer ban: all health care facilities and RDs) “Creditable pharmaceutical hazardous waste” is proposing to be excluded from hazardous waste management standards http://www2.epa.gov/hwgenerators/proposed-rule- management-standards-hazardous-waste- pharmaceuticals 42

43. Sign up for GovDelivery Receive notification of IHW forms, rule, guidance, and procedure updates: http://www.tceq.texas.gov/permitting/waste_per mits/ihw_permits/signupihw 43

44. How to Contact Us Texas Commission on Environmental Quality Industrial & Hazardous Waste Permits Section P. O. Box 13087 MC-130 Austin, TX 78711-3087 Phone:512-239-2335 Fax:512-239-2007 E-Mail:IHWPER@tceq.state.tx.us 44

45. Questions Will Wyman Industrial & Hazardous Waste Waste Permits Division (512) 239-3015 Will.Wyman@tceq.texas.gov 45