Posts Tagged ‘New York’

State Roll Out Of Solvent Wipe Exemption Rule – Update March 2017

Saturday, March 4th, 2017

In July 2013, US EPA published a final rule which exempted launderable (reusable) and some disposable wipes containing solvent (“Solvent-Contaminated Wipes” or SCW) from regulation as solid wastes and as hazardous waste. Solvent wipes are very common waste streams generated by a broad range of industrial, commercial, service and institutional sector facilities. This rule streamlined management of this waste stream and allowed these materials to be stored, transported* and cleaned/disposed of outside of the hazardous waste rules that would otherwise apply. This provides a benefit to both facilities that generate these wipes and companies that handle them.

* Although the rule exempts transporters from hazardous waste rules, Federal and State DOT HazMat rules still apply.

Click here for more information on the Federal Solvent Contaminated Wipe Rule.

Although the Federal rule became effective on January 31, 2014, in majority of States the Federal exemption does not apply until State Rules were revised to include this exemption. In many cases, States had operated for many years under policies or guidance which functionally excluded these wipes from regulation as hazardous waste until a Federal Rule was finalized. With the publication of the Federal Rule in 2013, States needed to update State rules to reflect this exemption, if they wanted to allow generators to take advantage of it. Because this rule change was less stringent than existing hazardous waste rules, States were not required to accept the Federal exemption and could require generators to handle these wipes as hazardous waste.

State Rule Update – March 2017

As of March 2017, 61% of State agencies have updated State rules to exempt solvent wipes, with most using Federal language or Federal language with very minor edits. One State (Rhode Island) implemented a rule that exempted reusable wipes only.
Untitled State Roll Out Of Solvent Wipe Exemption Rule - Update March 2017

States Where Policy or Guidance Applies

As of March 2017, almost 1/3 of States have not revised State rules to reflect the SCW exemption and are still operating under policies or guidance documents written 10 to 15 years ago.

  • Colorado
  • Connecticut
  • Delaware
  • Kentucky
  • Maryland
  • Massachusetts
  • New Mexico
  • New York
  • Oregon
  • South Dakota
  • Vermont
  • Washington
  • Wisconsin

In most cases, this policy or guidance is similar to the Federal Rule, but typically less specific and less stringent. Currently, many of these States are still planning to update State rules in the near future and are allowing generators to follow the Federal rule.

States Without Policy or Guidance

As of March 2017, three States have not revised State rules and had not established a policy in the past to exempt these wipes from hazardous waste rules:

  • Nevada
  • Maine
  • Hawaii
 Maine and Hawaii both anticipate having a rule revision in 2017.

States With State-Specific Rules

Two States, California and Minnesota, have rules (California) or policies (Minnesota) that are significantly different than the Federal Rule and do not plan to revise them. In California, the Reusable Soiled Textile Rule excludes all hazardous waste (not just solvent) on a wider range of textiles (not just wipes). In Minnesota, guidance exempts some wipes (“sorbents”) but wipes containing certain listed solvents (“toxic solvents”) remain hazardous waste and also must be included in the monthly calculation of the generator size.

Three Impacts Of New York Regulations On Use And Storage Of Fire Fighting Foams

Thursday, December 15th, 2016

In April 2016, the New York State Department of Environmental Conservation (DEC) completed an emergency rulemaking regarding four perfluorochemicals compounds, adding them to the list of hazardous substances in Part 597.

These substances have been and in some cases may still be components in common use Class B fire suppression foams. The NYDEC rule has three major impacts on the storage and use of Class B firefighting foams:

  1. If a facility stores a Class B foam, it may be subject to the registration and storage requirements of the DEC’s Chemical Bulk Storage (CBS) regulations (6NYCRR Parts 596 – 599).
  2. The release of one pound or more of one of these hazardous substances into the environment is prohibited. Part 597 allows the use of Class B firefighting foam containing PFOS or PFOA for fighting fires (not for training) until April 25, 2017.
  3. Where there has been a release of one or more of these hazardous substances causing environmental contamination, cleanup may be required under one of the DEC’s remedial programs (i.e., State Superfund or a Brownfields Program).

 

The DEC regulations allow for continued use of Class B firefighting foam that contains these substances until April 25, 2017. However, if a Class B foam that contains these hazardous substances is used to fight a fire and more than one pound of a hazardous substance is released into the environment, then the release must be reported to the DEC’s Spill Hotline.

If the Class B firefighting foam being used contains hazardous substances such that you cannot use it without releasing one pound or more of a hazardous substance, then NYCEC rules require it to be replaced on or before April 25, 2017.

Storage and Use of Fire Fighting Foams Under NYDEC Hazardous Substance Rules

Saturday, November 26th, 2016

On April 25, 2016, the New York State Department of Environmental Conservation (DEC) completed an emergency rulemaking that listed four new chemicals on the list of hazardous substances that may be found in Class B firefighting foam. DEC adopted an emergency rule that modifies the list of hazardous substances in Part 597 to include:

  • perfluorooctanoic acid (PFOA-acid, Chemical Abstracts Service (CAS) No. 335-67-1),
  • ammonium perfluorooctanoate (PFOA-salt, CAS No. 3825-26-1),
  • perfluorooctane sulfonic acid (PFOS-acid, CAS No. 1763-23-1), and
  • perfluorooctane sulfonate (PFOS-salt, CAS No. 2795-39-3)

These substances have been and in some cases, may still be, components in Class B foams, including aqueous film forming foam (AFFF), alcohol resistant aqueous film-forming foam (AR-AFFF), film-forming fluoroprotein foam (FFFP), alcohol resistant film-forming fluoroprotein foam (AR FFFP), and fluoroprotein foam (FP, FPAR).
There are three major impacts on the storage and use of Class B firefighting foams:

  1. If a facility stores a Class B foam, it may be subject to the registration and storage requirements of the DEC’s Chemical Bulk Storage (CBS) regulations (6NYCRR Parts 596 – 599). These requirements include standards for the storage and handling of hazardous substances in tanks or other bulk containers/
  2. The release of one pound or more of one of these hazardous substances into the environment is prohibited. Part 597 allows the use of Class B firefighting foam containing PFOS or PFOA for fighting fires (not for training) for one year until April 25, 2017.
  3. Where there has been a release of one or more of these hazardous substances causing environmental contamination, cleanup may be required under one of the DEC’s remedial programs (i.e., State Superfund or a Brownfields Program).

Facilities are subject to the storage and handling requirements of the CBS regulations if the Class B foam meets both of the following conditions:

  • foam contains 1% or more by volume of one or more of the hazardous substances listed in Part 597; and
  • foam is stored in an aboveground storage tank (stationary device) of 185 gallons or greater, an underground tank of any size, or a container (non-stationary device) that is used to store 2,200 pounds or more for a period of 90 consecutive days or more.

If a facility meets both of the above conditions, then it will need to register tanks with the DEC (as directed in Part 596). The registration requirement went into effect on the effective date of the regulation (April 25, 2016). While the registration requirements are immediately applicable, the storage and handling requirements found in Part 598 are not applicable for two years (until April 25, 2018).

The release of these hazardous substances into the environment in a quantity greater than one pound is prohibited. The newly adopted regulations allow for continued use of Class B firefighting foam that contains these substances until April 25, 2017. If Class B foam that contains these hazardous substances is used to fight a fire and more than one pound of a hazardous substance is released into the environment, then the release must be reported to the DEC’s Spill Hotline.

If the Class B firefighting foam being used contains hazardous substances such that you cannot use it without releasing one pound or more of a hazardous substance, then it needs to be replaced on or before April 25, 2017.

Rule Proposed Under NY Sewage Pollution Right to Know Act

Thursday, August 18th, 2016

The Sewage Pollution Right to Know Act (“SPRTK”), which took effect on May 1, 2013, requires owners and operators of publicly owned treatment works (“POTWs”) and publicly owned sewer systems (“POSSs”) to report untreated and partially treated sewage discharges to DEC and health authorities immediately, but in no case later than two hours from discovery of the discharge. Partially treated sewage discharged directly from a POTW that is in compliance with a DEC approved plan or permit does not need to be reported. The rule also requires owners and operators of POTWs and POSSs to continue reporting for each day after the initial report is made until the discharge terminates. The rule defines a “POSS” as a municipally-owned system that discharges to a POTW owned by another municipality. A POSS is not required to obtain a SPDES permit.

DEC and NYSDOH will use sewage reports to evaluate and respond to incidents based on the severity of the potential environmental and public health impact. Reporting of sewage discharges may be used to assist DEC in making decisions on the closing of shellfish lands pursuant to 6 NYCRR section 41.4 and prohibiting shellfish activities pursuant to 6 NYCRR sections 42.17 and 47.4. DEC will also use sewage reports to direct wastewater utilities to take short term corrective action and to determine wastewater utility liability. DEC may take formal or informal enforcement action against wastewater utilities, including assessment of penalties and the institution of permanent corrective measures.

Reported sewage discharge information may also be used by NYSDOH and local health departments to assess the potential impact on public water supplies pursuant to 10 NYCRR Subpart 5-1 and to take corrective measures, if needed. NYSDOH and local health departments may use this information to provide guidance and assistance to private water supplies when contamination events occur and to make decisions on the regulation of bathing beaches pursuant to Public Health Law section 225 and 10 NYCRR Subpart 6-2.

The proposed rule would require owners and operators of POTWs and POSSs to notify the municipality where the discharge occurred and adjoining municipalities of untreated and partially treated sewage discharges within four hours of discovery. The rule would also obligate these entities to notify the general public of any such discharges to surface water within the same four hour time frame as these discharges may present a threat to public health.

Updated Great Lakes Restoration Initiative Action Plan Public Comment Meetings

Wednesday, May 15th, 2013

The Great Lakes Interagency Task Force has scheduled meetings for the public to provide input to a planned update of the Great Lakes Restoration Initiative Action Plan.

The updated Action Plan would direct Great Lakes restoration for fiscal years 2015-2019. The public may comment directly to the federal agencies and to the Great Lakes Advisory Board (GLAB), a panel of experts established to provide recommendations to the federal agencies. Comments may be given at any of the following scheduled meetings:

•May 21-22 – Great Lakes Advisory Board Inaugural Meeting & Public Comment to GLAB
•May 23 – Webinar
•May 28 – Buffalo, New York.
•May 30 – Milwaukee, Wisconsin.
•June 3 – Webinar
•June 5 – Cleveland, Ohio.

In February 2010, the Task Force released the GLRI Action Plan for FY2010-2014. The Action Plan identified goals, objectives, measurable ecological targets, and specific actions to help rehabilitate the Great Lakes. The Action Plan targets investments to reduce toxic contamination, rehabilitate fish and wildlife habitat, improve nearshore health, reduce nutrients and other land-based pollution, prevent invasive species, and promote accountability, education, and collaboration.

Proposed Air Emission Rules For Hot Mix Asphalt Production Plants In New York

Wednesday, April 10th, 2013

The Environmental Protection Agency (EPA) is proposing to approve a revision to the New York State Implementation Plan (SIP) for ozone concerning the control of oxides of nitrogen. The proposed SIP revision consists of amendments to Title 6 of the New York Codes, Rules and Regulations Part 200, “General Provisions,” Part 212, “General Process Emission Sources,” Part 220, “Portland Cement Plants and Glass Plants,” and Subpart 227-2, “Reasonably Available Control Technology (RACT) For Major Facilities of Oxides of Nitrogen (NOx).” EPA is accepting comments on the proposed rule through May 10, 2013.

In 2010, the New York State Department of Environmental Conservation (NYSDEC) submitted to EPA proposed revisions to the SIP, which included State adopted revisions to four regulations contained in Title 6 of the New York Code of Rules and Regulations (6 NYCRR) Part 200, “General Provisions,” Part 212, “General Process Emission Sources,” Part 220, “Portland Cement Plants and Glass Plants,” and Part 227-2, “Reasonably Available Control Technology (RACT) For Major Facilities of Oxides of Nitrogen (NOX),” with effective dates of September 30, 2010, July 11, 2010 and July 8, 2010, respectively. These revisions are applicable statewide and will therefore provide oxides of nitrogen (NOX) emission reductions statewide and will address, in part, attainment of the 1997 8-hour ozone standard in the NYMA and the RACT and RACM requirements.

NYSDEC revised 6 NYCRR Part 212, by adding section 212.12, “Hot mix asphalt production plants,” to include control requirements for hot mix asphalt production plants. These control requirements will be specifically aimed at reducing NOX emissions resulting from combustion during the aggregate drying and heating process. With the exception of section 212.12, NOX requirements under Part 212 affect only major facilities. Major facilities or major sources are those that have a potential to emit NOX emissions in excess of 100 tons/yr (upstate) and 25 tons/yr. Most, if not all, hot mix asphalt plants in New York State are minor sources. Therefore, these new requirements will target primarily minor sources. Approximately 200 hot mix asphalt production plants exist throughout the State, though not all are currently in service. On February 28, 2013, New York submitted a letter to EPA certifying that there are no “major source” asphalt production plants located in New York State.

Marina SWPPP and Response To EPA Enforcement Action In New York

Monday, April 8th, 2013

Caltha LLP Project Summary

Project: Industrial Storm Water Permitting, SWPPP and Response To EPA Enforcement Action
Client: Large marina facility
Location(s): New York

Key Elements: Industrial stormwater permitting, SWPPP preparation, Response to Notice of Violation and Consent Order

Overview: Caltha provided technical services to the New York State marina facility to comply with the New York industrial stormwater permit. The marina had been subject to a sector compliance enforcement initiative and was determined to be in non-compliance with State and Federal industrial storm water permitting requirements. Services included preparing facility stormwater pollution prevention plans using Caltha’s New York SWPPP template, preparation of New York SPDES application forms (Notice of Intent), and preparation of site-specific inspection checklists to comply with New York inspection requirements applicable to this industrial sector.

Caltha assisted the facility in preparing and submitting documentation required by US EPA to demonstration adequate response to compliance deficiencies. All documentation was reviewed and accepted by US EPA and no fines were levied on the facility. Caltha then provided ad hoc technical support to facility to address questions during roll-out of the compliance programs for both industrial stormwater discharges.

For more information on Caltha LLP SWPPP services, go to the Environmental Health & Safety Plan | Spill Plan Information Request Form.

Logistics Industrial Storm Water Permitting & Compliance

Wednesday, March 20th, 2013

Caltha LLP Project Summary

Project: Industrial Storm Water Permitting & Compliance
Client: International Retailer
Location(s): California, Washington, Utah, Georgia, Florida, Virginia, North Carolina, Pennsylvania, Ohio, Massachusetts, New York, Kansas, Virginia, Louisiana, Texas, Tennessee, Minnesota, Illinois, Indiana, South Carolina, Colorado, Nevada, New Jersey, Connecticut, Missouri

Key Elements: SWPPP preparation, Stormwater monitoring, Compliance plan, Permit application

Overview: Caltha LLP has provided consulting services to this international retailer at multiple logistics and warehousing locations to comply with individual State industrial stormwater rules. Services included preparing facility stormwater pollution prevention plans, preparation of State or EPA application forms (Notice of Intent), preparation of site-specific inspection checklists to comply with individual State inspection requirements, preparation of site-specific stormwater monitoring and benchmark monitoring plans to meet State requirements applicable to this industrial sector. Caltha then provided ad hoc technical support to facilities to address questions during roll-out of the compliance programs.

For more information on Caltha LLP SWPPP services, go to the Environmental Health & Safety Plan | Spill Plan Information Request Form.

Industrial Storm Water Permitting & Compliance

Wednesday, March 20th, 2013

Caltha LLP Project Summary

Project: Industrial Storm Water Permitting & Compliance
Client: National manufacturer
Location(s): California, Utah, Georgia, Florida, Virginia, North Carolina, Pennsylvania, Ohio, Massachusetts, New York, Kansas, Virginia, Louisiana, Texas, Tennessee

Key Elements: SWPPP, Stormwater monitoring, Compliance plan, Permit application

Overview: Caltha LLP has provided consulting services to this manufacturing at multiple locations to comply with individual State industrial stormwater rules. Services included preparing facility stormwater pollution prevention plans, preparation of State or EPA application forms (Notice of Intent), preparation of site-specific inspection checklists to comply with individual State inspection requirements, preparation of site-specific stormwater monitoring and benchmark monitoring plans to meet State requirements applicable to this industrial sector. Caltha then provided ad hoc technical support to facilities to address questions during roll-out of the compliance programs.

For more information on Caltha LLP SWPPP services, go to the Environmental Health & Safety Plan | Spill Plan Information Request Form.

EPA Approval Of New York Hazardous Waste Program For Used Oil

Sunday, March 17th, 2013

US EPA has approved the delegation for its hazardous waste programs to the New York State Department of Environmental Conservation (NYSDEC or DEC) relating to used oil management. New York had applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). This final authorization will become effective on May 10, 2013 unless EPA receives adverse written comment by April 10, 2013.

States which have received final authorization from EPA under RCRA must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, States must change their programs and ask EPA to authorize the changes. Changes to State programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must change their programs because of changes to EPA’s regulations in 40 Code CFR parts 124, 260 through 268, 270, 273 and 279.

In 2008, New York submitted a program revision application, seeking authorization of its changes in accordance with 40 CFR 271.21. New York’s revision application included changes to the Federal Hazardous Waste program as addressed by the federal used oil management regulations that were published on September 10, 1992 EPA concluded that New York’s application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, EPA granted New York final authorization to operate its hazardous waste program with the changes described in the authorization application. New York has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA).

The effect of this decision is that a facility in New York subject to RCRA will now have to comply with the authorized State requirements instead of the equivalent Federal requirements in order to comply with RCRA. New York has enforcement responsibilities under its State hazardous waste program for violations of such program, but EPA retains its authority under RCRA. This includes the authority to:

  • Do inspections, and require monitoring, tests, analyses, reports or other actions
  • Enforce RCRA requirements and suspend or revoke permits
  • Take enforcement actions regardless of whether the      State has taken its own actions.