1. RCRA Updates Larry L. Lamberth Enforcement and Compliance Branch
Resource Conservation and Restoration Division
US EPA, Region 4

2. Rulemaking

3. Rulemaking Advanced Notice of Proposed Rule Making
Solicit Public Comments
Publish the Proposed Rule
Receive Formal Comments
Publish Final Rule

4. Aerosol Cans Proposed Rule
Universal Waste aerosol cans or a container in which the aerosol cans are contained, must be labeled or marked clearly with any of the following phrases: “Universal Waste- Aerosol Can(s)”, “Waste Aerosol Can(s)”, or “Used Aerosol Can(s)”.
Storage of universal waste aerosol cans is limited to one year.
No manifest is required for transport of universal waste.

5. Aerosol Cans Proposed Rule
The proposed rule allows for puncturing and draining of hazardous waste aerosol cans provided that:
Emptied, punctured aerosol cans are recycled,
Puncturing is conducted using a device specifically designed to safely puncture aerosol cans and contain residual contents and air emissions,
A written procedure is established detailing safe puncturing measures, including a copy of the puncturing device manufacturer instructions, and spill/release response,

7. Pharmaceutical Rule
The Proposed Rule was published in the FR on September 25, 2015 (80 FR ) and the final Rule was published on February 22, 2019 (84 FR 5816) and becomes effective on August 21, 2019
Only those pharmaceuticals that are already considered hazardous waste will be covered by the new rule
Rule bans the sewering of HW pharmaceuticals (only provision immediately effective)
This Rule adds management practices for pharmaceuticals at healthcare facilities and reverse distributors.

8. Pharmaceutical Rule
The Rule addresses non-prescription pharmaceuticals going through reverse logistics
This Rule established policy for regulatory status for unsold retail items that are not pharmaceuticals
Removes FDA approved OTC nicotine replacement therapies from definition of P075 HW listing
Maintains household exemption for take back programs

9. Hazardous Waste Generator Improvements Rule
Revised the RCRA hazardous waste generator regulations to enhance flexibility, strengthen environmental protection, and improve compliance
Final rule was published on November 28, 2016.
The Rule was effective on May 30,

10. Stringency of Final Rule
More Stringent:
Less Stringent
SQG re-notification
Identifying hazardous of waste being accumulated and labeling
Notification of closure with a closure standard for all 90-day areas.
Biennial reporting for whole year, not just months the generator was an LQG
Biennial reporting for recyclers who don’t store prior to recycling
Quick Reference guide for contingency plans
VSQG consolidation
Episodic generation
Waiver from 50- foot rule

11. Hazardous Waste Generator Improvements Rule - Status
Alabama – adopted, effective 04/06/18 – not submitted for authorization
Florida – adopted, effective 06/18/18 – submitted for authorization (02/22/19)
Georgia – adopted, effective 09/28/17 – authorized 02/22/19
Kentucky – adopted, effective 12/07/17 – authorized 04/03/19
Mississippi – adopted, effective 05/24/18 – not submitted for authorization
North Carolina – adopted, effective 03/01/18 – submitted for authorization (01/31/19)
South Carolina and Tennessee – not adopted.

12. E-Manifest Update
December 2017, the Final Rule for User Fees – Established user fees and other actions necessary to establish the system. The Final Rule effective on June 30, 2018.
On June 30, 2018, EPA launched new fully electronic manifest tracking system, called e-Manifest

14. RCRA Air Emissions NCI
Bring national attention to the importance of the control of hazardous waste air emissions from RCRA units.
Ensure the use of a full range of tools for controlling hazardous/toxic air emissions.
Minimize the potential for uncontrolled air releases of hazardous wastes into the environment.

15. Air Emission NEI Scope
RCRA Subpart AA: Regulates RCRA hazardous waste treatment unit process vents.
RCRA Subpart BB: Regulates RCRA hazardous waste valves, flanges, pumps, compressors, pipe runs and pressure relief equipment.
RCRA Subpart CC: Regulates RCRA hazardous waste tanks, surface impoundments, and containers.
This equipment must be appropriately designed, monitored, and maintained to appropriately detect and limit releases of hazardous waste to the air.

16. Inspection Scope and Focus
Utilizing next generation compliance tools
FLIR (Forward Looking Infrared) Camera
PID (Photoionization Detector)
Observation of tanks, containers, and ancillary equipment
Sampling
Records/Paperwork review

17. Common violations (Nationally)
Improperly monitored / inspected equipment
Equipment leaks / failure to seal equipment
Failure to tag equipment
Failure to maintain records
The majority of the cases are not against CAA major sources

18. April 2017

19. February 2018

20. Questions?