1. Proposed Federal Rules Impacting Industry May 3, 2016 Will Wyman Waste Permits Division - TCEQ 2016 TCEQ Environmental Trade Fair

2. Overview of Presentation Office organization EPA Proposed Generator Rule EPA Proposed Pharmaceutical Rule EPA Proposed Import/Export Rule E-manifest update 2

3. Office of Waste Organization Chart 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 P.G., Manager VOLUNTARY CLEANUP PROGRAM/CORRECTIVE ACTION SECTION Merrie Smith, P.G., 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 Charly Fritz, Manager RADIOACTIVE MATERIALS DIVISION Charles Maguire, Director RADIOACTIVE MATERIAL LICENSING SECTION Bobby Janecka, Manager UNDERGROUND INJECTION CONTROL PERMITS SECTION Lorrie Council, P.G., Manager 3

4. Industrial & Hazardous Waste Permits Section Permits: 179 51 Commercial 128 Non-Commercial Post-Closure Orders: 6 Notifications, permit reports, etc. 4

5. Industrial & Hazardous Waste Permitted Facilities & TCEQ Regions 5

6. Permitted Units by Type 6

7. EPA Proposed Generator Rule More Stringent Documenting hazardous waste determinations SQG Re-notify Identifying risks of wastes being accumulated and labeling 7

8. EPA Proposed Generator Rule More Stringent Closure notification (TCEQ already requires) Biennial reporting for whole year (TCEQ requires) Executive Summary for contingency plans WHEN? 2016 8

9. EPA Proposed Generator Rule Less Stringent CESQG Consolidation Episodic Generation Waiver from 50’ rule Lids on SAA areas Overhaul – 60 plus changes 9

10. EPA Proposed Generator Rule Adds definitions including: "Large quantity generator – (LQG)," "acute hazardous waste," "central accumulation area” Renames conditionally exempt small quantity generators to "very small quantity generators – (VSQG) 10

11. EPA Proposed Generator Rule Requires SQGs and LQGs to create and maintain records supporting their solid and hazardous waste determinations 11

12. EPA Proposed Generator Rule 12 Reorganization of Generator Regulations

13. CESQG Consolidation - Proposed Allows an LQG to consolidate wastes from multiple CESQG sites This ensures proper management of hazardous waste and more reporting Sending to a RCRA-designated facility is the most environmentally sound option Currently an LQG needs a RCRA permit to receive CESQG wastes 13

14. CESQG Consolidation Proposed Allows consolidation of hazardous waste at an LQG: CESQG requirements for: Label waste containers with “VSQG Hazardous Waste” Comply with DOT shipping requirements LQG requirements for: Notifies state Identify participating CESQG Manages wastes as LQG Reports quantities managed 14

15. Allows generators to maintain their existing category provided they comply with a streamlined set of requirements Frequency : Once a calendar year 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 15 Episodic Generation Issue - Proposed

16. Requirements for CESQGs: Obtain identification number, notify Manifest waste, use registered transporter, permitted site Label episodic waste containers Identify an emergency coordinator Maintain records associated with the event 16 Episodic Generation Issue - Proposed

17. Requirements for SQGs: Notify EPA or state Comply with existing SQG regulations Maintain records associated the event 17 Episodic Generation Issue - Proposed

18. Other Generator Provisions - Proposed 50-foot waiver for LQGs Clarify issues with satellite accumulation areas: closed container, 3 days, Require SQGs and LQGs to document when a solid waste is not a hazardous waste. For CFR 261.2 types of wastes Wastes that could be listed or characteristic Many states already require such documentation 18

19. Other Generator Provisions - Proposed Container labels Indicated hazards “plain English” Flexible: (DOT, OSHA labels etc.) Tanks, drip pads, containment buildings can keep this information in logs or records kept near the accumulation site 19

20. Other Generator Provisions - Proposed Require SQGs to notify every 2 years. Issue: at national level waste reported biennially Preparedness, prevention, and emergency procedures for SQGs and LQGs would be clarified and strengthened. Closure requirements for LQG accumulation units would be expanded. 20

21. Other Generator Provisions - Proposed Changes to the Academic Laboratories Rule EPA asking for comments on 12 months for academic labs instead of 6 under Subpart K Satellite Accumulation – 3 days Smaller labs never get 55 gallons keep a lot longer 21

22. EPA Pharmaceutical Proposal Conditionally exempt small quantity generators (CESQGs) keep exemption except Sewering Hazardous waste pharmaceuticals will no longer count toward a healthcare facility's generator status Small and large quantity generators of hazardous waste pharmaceuticals must file a one-time notification with US EPA 22

23. EPA Pharmaceutical Proposal Pharmaceutical reverse distributors (RDs) – will have standards to meet (not count) RDs can only accept “potentially creditable hazardous waste pharmaceuticals” Unused or un-administered; and Unexpired or less than one year past expiration date No permit required All RDs are regulated the same for hazardous waste pharmaceuticals 23

24. EPA Pharmaceutical Proposal 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 proposed to be excluded Two standards—creditable and non- creditable 24

25. EPA Pharmaceutical Proposal CESQGs - can send to off site health care 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 25

26. 26 EPA Pharmaceutical Proposal Empty container redefined for pharmaceuticals Bottles, blister packs, cups, syringes Considering Exemption for P-075 listing Or concentration based listing Most health care facilities could become SQGs or CESQGs

27. EPA Import/Export Rule Revisions Proposal Revision to the current rules - Federal Authorization Proposing to reorganize 40 CFR part 262 subpart H Improved import and export tracking Consolidated and streamlined requirements for all imports and exports All hazardous waste shipped will use notice and consent procedures 27

28. EPA Import/Export Rule - Proposal Mandatory electronic reporting to EPA All importers and exporters comply with ID requirements Adding conditions on samples being exported or imported When will final rule be issued? 28

29. Federal e-Manifest System TCEQ proposed rule will allow as an alternative to paper manifests (effective June) EPA expressed e-Manifests would be preferred, paper manifests will be processed by EPA using funds from fees. EPA Fee rule projected by spring 2016 EPA e-Manifest System projected by spring 2018 29

30. Resources http://www.epa.gov/hwgenerators/final-rule-2015- definition-solid-waste-dsw https://www.epa.gov/hwgenerators/proposed-rule- management-standards-hazardous-waste- pharmaceuticals https://www.epa.gov/hwgenerators/proposed-rule- hazardous-waste-export-import-revisions#rule- history https://www3.epa.gov/epawaste/hazard/transportati on/manifest/e-man.htm 30

31. 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 31

32. 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: 512-239-6383 E-Mail: IHWPER@TCEQ.TEXAS.GOV 32

33. Questions Will Wyman Industrial & Hazardous Waste Waste Permits Division (512) 239-3015 Will.Wyman@tceq.texas.gov 33