Transcript Environmental Health and Safety Committee 4-30

Environmental Health and
Safety Committee
4-30
Bret Bruhn, Merix Corporation
Febuary 2004
Legislative & Regulatory
Review
• TRI Program Issues
• RCRA Proposed Rules
RCRA Program
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F006
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Possible exemption
Stalled until late 2005
DSW
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Proposed changes to the Definition of Solid
Waste (DSW)
Word is no action until 2006
RCRA Program / F006
• In January 2003 we learned that EPA was
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considering issuing an exemption for select
F006 sludges
Background
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the F006 classification was established in 1980
PCB F006 materials seldom meet the criteria used
to justify development of the classification
subsequent EPA guidance has provided no relief,
but has actually expanded the scope of coverage
past efforts to obtain broad-based regulatory relief
have failed, however a few manufacturers and
brokers have secured State or Regional de-listings
and variances
RCRA Program / F006
• EPA is considering 4 options:
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1 - Generator Relief
2 - High Metals Concentration
3 - Low Metals Concentration
4 - Hybrid
All options share the following requirements:
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Generators must notify their State
Normal business records must be maintained
Cyanide limits must be met
Metals must be recycled
No speculative accumulation
Shipments must meet minimum metal levels
RCRA Program / F006
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Option 1 / Generator Relief
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F006 would remain a hazardous waste and could
only be treated by a RCRA RSDF
Use of manifests and certified transporters not
required
Recycled F006 would not count towards a facility’s
generator status
Option 2 / High Metals
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F006 would be excluded from RCRA (not
considered solid waste)
generators and subsequent handlers not subject to
RCRA management standards
land management and use constituting disposal
prohibited
shipments must contain > 5% recoverable metals
RCRA Program / F006
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Option 3 / Low Metals Conc.
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F006 would be excluded from RCRA (not
considered solid waste), but lower metals
concentrations would result in additional
management requirements
shipments must meet minimum recoverable metals
levels
States must be notified of missing shipments
no more than one non-conforming shipment allowed
per 3-year period
• Option 4 / Hybrid
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options 2 & 3 would both be available based upon
metals content
RCRA Program / F006
• What are our goals?
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a federal exemption
ability to use intermediary processors and
brokers, as well as, to market directly
reasonable standards for metals
concentrations
Recent WRC variance (granted Aug 13,
2002) provides useful information
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www.epa.gov/epaoswer/hazwaste/id/wrc.htm
Docket Number F-1999-WRCP-FFFFF
RCRA Program / F006
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Status
Last major exchange with Agency
occurred in August of 2003
 Some stakeholders (primarily metal
finishers) are heavily lobbying for the
Low Metals Concentration option
 EPA set a target release moved to
Winter 2005 with the intent to finish
this rule prior to DSW. Near-term
action appears unlikely.
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RCRA Program / DSW
• EPA released proposed rule changes to
the definition of solid waste (DSW) on
October 28, 2003
• 68 Fed Register 61557
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For information access
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www.epa.gov/fedrgstr
www.epa.gov/edocket/
www.regulations.gov
RCRA Program / DSW
• Background
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Precipitated by EPA vs. ABR court decision
Ruled that EPA had exceeded its authority in
attempting to classify materials as hazardous
wastes
• IPC Activities
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Analyzed the proposed rule
Held discussions with Paul Borst EPA OSWER
Economist
Drafted and filed extensive comments
RCRA Program / DSW
• Issues/Comments
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Proposed rule is too narrow and could limit
opportunities based on definitions of
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continuous process
same generating industry (NAICS code)
EPA overestimates the benefits of the
proposed rule
Would undercut recycling infrastructure
Asked for comments on a “Broader Rule”
based on four-point legitimacy criteria
RCRA Program / DSW
• Legitimacy Criteria
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Manage materials as a valuable commodity or
analogous raw material
Provides a useful contribution to the process or
product
Provides reasonable economic incentives
TAR (toxics-along-for-the-ride)
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“bright line” approach (i.e. numeric limits)
“risk-based” approach
meet product or feedstock specifications
RCRA Program / DSW
• Legitimacy Criteria
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Manage as a valuable commodity or
analogous raw material
Provides a useful contribution to the process or
product
Provides reasonable economic incentives
TAR (toxics-along-for-the-ride)
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“bright line” approach (i.e. numeric limits)
“risk-based” approach
meet product or feedstock specifications
• Storage
• One Time notification
• Recordkeeping, reporting, documentation, &
manifesting questions
RCRA Program / DSW
• Other potential issues
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Storage
One Time notification
Recordkeeping
Reporting
Documentation / manifesting
Status
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Proposal unlikely to move forward until after
the election.
Entrenched opposition within the Agency along
with concerns from outside interest groups
could impede progress
Keep in Touch with EHS
• Visit the Website at www.ipc.org under
• “Legislative and Regulatory Affairs”
• Subscribe to the EHS Update
• Join Compliance Net email forum
Contact:
Bret Bruhn, EHS Committee Chairman
(503) 992-4689, [email protected]
Jeff Instone, EHS Committee Vice Chairman
(310) 649-2411, [email protected]
Fern Abrams, IPC Director of Environmental Policy
(202) 962-0460, [email protected]