QA Guidance to 2009 BR Cycle

1. QA Guidance to 2009 BR Cycle 2010 RCRAInfo National Users Conference

2. Jim O’LearyEPA – HeadquartersOffice of Resource Conservation and Recovery----------------------------------------------------------C. Pan LeeEPA – HeadquartersOffice of Resource Conservation and Recovery

3. Objectives of Presentation • Provide user community with programmatic understanding of what wastes should be reported, or not reported, in the Biennial Report • To test your knowledge of RCRA and reportable wastes

4. Two Parts to Presentation • Part 1. RCRA 101 and Reportable Wastes • Part 2. RCRA 102 and Reportable Wastewaters

5. Part 1. RCRA 101 and Reportable Wastes Question 1: What does RCRA stand for? A. Resource Conservation and Recovery Act B. Resource Consumption and Replenishment Act Answer: A

6. Part 1. RCRA 101 and Reportable Wastes (cont.) Question 2 (True or False): In order for a hazardous secondary material (HSM) to be a solid waste, and therefore subject to RCRA jurisdiction, the material must first be a hazardous waste. Answer: In order for a HSM to be a hazardous waste, the material must first be a solid waste. Note: If a HSM is not a solid waste, it should not be reported in the Biennial Report.

7. Part 1. RCRA 101 and Reportable Wastes (cont.) Question 3: Which of the following activities does the DSW regulatory program address? a. Discard b. Abandonment c. Recyclable materials either subject to, or excluded from, RCRA jurisdiction Potential Answers: 1. a 2. a and b 3. a, b, and c Answer: 3 Note: If the HSM are solid wastes, they have the potential to be hazardous wastes and subject to reporting in the BR

8. Part 1. RCRA 101 and Reportable Wastes (cont.) Question 4: Which of the following secondary materials are not subject to potential RCRA hazardous waste regulation? 1. Spent materials 2. Listed and characteristic by-products 3. Listed and characteristic sludges 4. Commercial chemical products 5. Regulated scrap metal 6. Household waste Potential answers A. 1-5 B. 6 C. All of the above Answer: B

9. Part 1. RCRA 101 and Reportable Wastes (cont.) Question 5 (True or False): A generator need not report a secondary material in its Biennial Report submission if it is not a solid waste or hazardous waste. Answer: True

10. Part 1. RCRA 101 and Reportable Wastes (cont.) Question 6 (True or False): For the most part, a generator must count and report in the BR the amount of regulated hazardous waste it generates. Answer: True. However, there are specified hazardous wastes identified in the RCRA regulations at 40 CFR 261.5 and 40 CFR 261.6 that need not be counted or reported.

11. Part 1. RCRA 101 and Reportable Wastes (cont.) Question 7 (True or False): There are three types of RCRA hazardous waste generators: conditionally exempt small quantity generators (CESQGs); small quantity generators (SQGs); and large quantity generators (LQGs). Answer: True

12. Part 1. RCRA 101 and Reportable Wastes (cont.) Question 8 (True or False): The RCRA regulations at 40 CFR 262.41 specify that only large quantity generators; i.e., facilities that generate 1,000 kilograms or more of hazardous waste in at least one calendar month, and facilities receiving such waste must file a Biennial Report. Answer: False, only the Biennial Report instructions specify that LQGs and facilities receiving hazardous waste must file a Biennial Report.

13. Part 1. RCRA 101 and Reportable Wastes (cont.) Question 9 (True or False): A facility generating a hazardous secondary material must submit a Biennial Report if: 1. The material is a solid waste 2. The material is a hazardous waste 3. The material must be counted towards its regulatory status 4. The amount of material generated in at least one calendar month is 1,000 or more kilograms; i.e., the facility is a LQG 5. The material is not excluded from reporting in the Biennial Report Answer: True

14. Part 2. RCRA 102 and Reportable Wastewaters

15. Part 2. RCRA 102 and Reportable Wastewaters Question 1 (True or False): Most wastewaters generated are managed onsite? Answer: True

16. Part 2. RCRA 102 and Reportable Wastewaters (cont.) Question 2 (True or False): All wastewaters generated and managed onsite are exempt from reporting in the Biennial Report. Answer: False. It depends, find out how the wastewaters were managed in order to determine whether they count toward generator status determination.

17. What is the Importance of Counting or not Counting Wastewaters Correctly? Most hazardous wastes generated are wastewaters (Approximately 85-90%) Volumes of wastewaters generated by some facilities can be in the tens of millions of tons Counting or not counting correctly can significantly impact national estimates, and affect decision-making

18. Rules of Thumb for Counting or not Counting Wastewaters Not counted toward generator status determination = not to be reported Do not count hazardous wastewaters managed immediately upon generation in an onsite: Elementary neutralization unit; Wastewater treatment unit (WWTU); or Totally enclosed treatment unit (e.g., closed loop system)

19. Rules of Thumb for Counting or not Counting Wastewaters (cont.) Count and report hazardous wastewaters: Managed either onsite or offsite in a permitted underground injection control well for hazardous waste Transported offsite to a publicly owned treatment works (POTW) via truck Not managed immediately upon generation in an exempt unit Stored onsite in a surface impoundment prior to discharge Accumulated in drums prior to being placed in the WWTU

20. Recommendations for Identifying Hazardous Wastewaters • Develop a list of waste streams managed onsite (GM Form) represented by: • H07X series (e.g., cyanide destruction, oxidation, precipitation) • H08X series (e.g., biological treatment, adsorption, air or steam stripping) • H121 (i.e., neutralization only) • H135 (i.e., discharge to sewer/POTW or NPDES) • Conduct research on these waste streams, if relevant, by: • Obtaining and reviewing process information • Finding how the waste is managed after generation • Compare information compiled through research to the relevant regulations • Find out if the waste is managed in such a way that exempts it from reporting

21. Identifying Hazardous Wastewaters (Data from GM Onsite; Current as of September 9, 2009) “Include in National Report” = “Y” or “N” “Include in National Report” = “Y”

22. Was Waste Managed in an Exempt WWTU – Example 1 Biennial Reporting Year 2007 Management Location Onsite Form Code W101 ( v ery dilute aqueous waste containing more than 99% water ) Management Method Code H135 ( d ischarge to sewer/POTW or NPDES ) Waste Quantity 4 , 277 ,156 tons Notes Response from EPA Region/State to Data Issue The waste stream should be excluded from the 2007 Biennial Report data; Raised during Biennial Report Data Quality during update, changed "Include in National Report" field in GM1 file to "N." Assurance/Quality Control (QAQC) Effort Based on waste description and information provided by the EP A Discussion of Wastewater Treatment Unit Region/State, hazardous waste was likely managed in an exempt W WTU . Exemption Eligibility and Effect on Counting of This unit was subject to NPDES permit requirements. As a result, this waste Waste toward Generator Status Determination should not be counted toward generator status determination nor should it b e part of the Biennial Report. Data current as of September 9, 2009.

23. Was Waste Managed in an Exempt WWTU – Example 2 Biennial Reporting Year 2007 Management Location Onsite Form Code W119 (other inorganic liquid) Management Method Code H135 ( d ischarge to sewer/POTW or NPDES ) Waste Quantity 51,237 tons Section 1, Box E ; rinse water from metal finishing operations where N otes chromates, cyanides, acid, and alkalis are used in process. (F orm codes 105, 107, and 110 are applicable) Response from EPA Region/State to Data Issue Raised during Biennial Report Data Quality Reported data are accurate. Assurance/Quality Control (QAQC) Effort Based on waste description and information provided by the EPA Discussion of Wastewater Treatment Unit Region/State, hazardous waste was not managed in an exempt wastewater Exemption Eligibility and Effect on Counting of treatment unit. As a result, this waste should be counted toward generator Waste toward Generator Status Determination status determination and p art of the Biennial Report. Data current as of September 9, 2009.

24. Was Waste Managed in an Exempt WWTU – Example 3 Biennial Reporting Year 2007 Management Location Onsite Form Code W101 (ve ry dilute aqueous waste containing more than 99% water) H134 (deepwell or underground injection) Management Method Code H135 (discharge to sewer/POTW or NPDES) Waste Quantity 962,944 tons (938,994 tons H134 and 23,950 tons H135) A slip stream of w ater is sent to the local POTW to qualify refinery for wastewater exemption. A slip stream of water is sent to the local POTW to Notes qualify refinery for wastewater exemption. The rest is decharacterized and disposed as non - hazardous waste in Class I disposal well . Response from EPA Region/State to Data Issue “Include in National Report” field associated with this waste stream was Raised during Biennial Re port Data Quality changed from “Y” to “N.” Assurance/Quality Control (QAQC) Effort Based on waste description and information provided by the EPA Region/State, hazardous waste was managed in an exempt wastewater Discussion of Wastewater Treatment Unit treatment unit. In addition, non - hazardous wastewaters were injected in Exemption Eligibility and Effect on Counting of Class I injection wel ls (i.e., industrial and municipal waste wells). As a result, Waste towar d Generator Status Determination this waste should not be counted toward gene rator status determination nor should it be part of the Biennial Report. Data current as of September 9, 2009.

25. Was Waste Managed in an Exempt WWTU – Example 4 Biennial Reporting Year 2005 Management Location Onsi te Form Code aring sludges not containing cyanides ) W505 ( m etal be Management Method Code H135 (discharge to sewer/POTW or NPDES ) Waste Quantity 292,189 tons Notes Response from EPA Region/State to Data Issue Raised during Biennial Report Data This page should be del eted. The waste water in question was discharged to Quality Assurance/Quality Control (QAQC) the sanitary sewer and should not have been p art of the Biennial Report. Effort Based on waste de scription and information provided by the EP A Region/State, Discussion of Wastewater Treatment Unit hazardous waste was likely managed in an exempt wastewater treatment unit. Exemption Eligibility and Effect on Counting This unit was subject to pretreatment requirements. As a result, this waste of Waste toward Generator Status should not be counted toward generator stat us determination n or should it be Determination p art of the Biennial Report. Data current as of September 9, 2009.

26. Appendix Information Supporting Reportable Wastewater Determination

27. What is the WWTU Exemption? Under 40 CFR 261.5(c)(2), a generator does not need to count hazardous waste that is managed immediately upon generation in an onsite WWTU The WWTU exemption is an exemption from RCRA permitting and/or compliance standards applicable to TSDFs for the tank or tank system that is part of a WWTU (see 40 CFR 264.1(g)(6), 265.1(c)(10), and 270.1(c)(2)(v)) The WWTU exemption is only for the WWTU itself and does not exempt the material that is treated or managed within the unit, or any waste removed from the unit (e.g., treatment sludge removed and disposed), from being a hazardous waste Any waste releases or treatment residuals generated from the WWTU process (e.g., wastewater, sludge) are subject to hazardous waste determination and regulations when they leave the exempt unit To qualify for the WWTU exemption, a unit must meet all three requirements outlined in the definition of a “WWTU” at 40 CFR 260.10

28. Which Units are Eligible for theWWTU Exemption? For a tank or tank system to be covered by this exemption, it must be part of an onsite WWTU Components of the onsite WWTU are not required to be mechanically or physically connected and means of conveyance of the waste between storage and treatment does not affect the applicability of this exemption Any onsite tank or tank system that is used to store or treat the wastewater that is ultimately managed at the onsite WWTU is considered part of the WWTU and is included under the exemption However, if a tank or tank system, in addition to being used in conjunction with an onsite WWTU, is used on a routine or occasional basis to store or treat any hazardous waste, it is not included under this exemption

29. Determination Flowchart “Was the wastewater managed in a device eligible for the WWTU exemption?”

30. Contaminated Groundwater • Groundwater contamination occurs when hazardous substances, including hazardous wastes, get into the groundwater and cause it to become unsafe and unfit for human use • General rules of thumb for counting or not counting contaminated groundwater: • Do NOT count and report contaminated groundwater that is regulated via the Contained-In Policy (and not via the Mixture Rule or the ”Derived-From” Rule per 40 CFR 261.3). • Do count and report any hazardous waste constituents that are removed from the contaminated groundwater for further treatment or disposal • Because regulations associated with contaminated groundwater vary among States, EPA Regions or Authorized States should make a determination on whether contaminated groundwater should be counted or reported in the Biennial Report

31. Laboratory Clean-Out Hazardous Wastes under 40 CFR Part 262, Subpart K • 40 CFR Part 262, Subpart K is an alternative set of regulations tailored to hazardous waste generation patterns in academic laboratories • Subpart K regulations allow laboratory clean-outs that are conducted once per 12-month period per laboratory to be eligible for special clean-out procedures • Laboratories have 30 days to conduct a laboratory clean-out, and there are no limits on the volume of unwanted materials that may accumulate in the laboratory during that time

32. Laboratory Clean-Out Hazardous Wastes under 40 CFR Part 262, Subpart K (cont.) • General rules of thumb for counting or not counting laboratory clean-out hazardous wastes: • Hazardous waste that is an unused commercial chemical product generated solely during a laboratory clean-out does not count toward generator status determination during onsite accumulation • All laboratory clean-out hazardous waste shipped offsite for management must be part of the Biennial Report, regardless of whether the hazardous waste was counted toward generator status determination during onsite accumulation • Beginning with the 2009 Biennial Report, laboratory clean-out hazardous wastes will be represented by new source code G17 (i.e., Subpart K laboratory clean-out waste)

33. Information Resources • “Biennial Report: Reportable and Non-Reportable Wastes”(i.e., the “BR Document”), available at https://rcrainfo.epa.gov/rcrainfo/newsalerts/nationalreview.jsp • OhioEPA’s “The Wastewater Treatment Unit Exemption under Ohio Hazardous Waste Rules,” available at http://epa.ohio.gov/portals/32/pdf/WWTU_Guidance.pdf • USEPA’s “Wastes - Ask a Question” Web site at http://waste.custhelp.com/cgi-bin/waste.cfg/php/enduser/std_alp.php • RCRA Online at http://www.epa.gov/osw/inforesources/online/index.htm

34. For Additional Information C. Pan Lee, USEPA(703) 308-8478lee.cpan@epa.gov Jim O’Leary, USEPA(703) 308-8827oleary.jim@epa.gov Paula Canter, Ohio EPA(614) 644-2923paula.canter@epa.state.oh.us Jack Griffith, FDEP(850) 245-8748john.griffith@dep.state.fl.us

35. Amanda GeldardEPA – HeadquartersOffice of Resource Conservation and Recovery

36. Why the State Summary Report? • Last summer, ORCR conducted a supplemental QA/QC analysis on 2005-2007 biennial report data. • 80% of the data errors found during the summer QA efforts were originally identified in the 2007 BR State Summary Reports. • This made us rethink how the State Summary Reports communicated information and how we could better assist with reducing the overall number of data errors.

37. Old State Summary Report • PDF document does not allow states or regions to easily report action. • More hands-on assistance needed. (Lori can’t do it all!) • Bullet format does not adequately highlight or explain problem statement. • No clear direction or consistent follow-up on whether the data errors were corrected or not.

38. New State Summary Report • MS Excel allows for easier tracking and reporting of each potential data error. • Each Region/state will be assigned to one of four HQ program contacts who will assist with questions. • Instructions for “what to do” with State Summary Report described. • State Summary Report will be developed using the existing QA reports in RCRAInfo.

39. New State Summary Report (cont.) States will record action for each potential data error and return report to EPA HQ. Problem statement clearly highlighted.

40. Using the State Summary Report Process for the BR 2009 Cycle • Notify Headquarters when data is ready to run State Summary Report (April – September 2010) • HQ sends copies of State Summary Report to State, Regional and HQ contacts • States/Regions review State Summary Report and corrects data (Complete set of data must be reloaded.) • Update State Summary Report and send responses back to HQ • Deadline for final data and state summary reports is October 4, 2010

41. Questions?