Monday, April 9, 2018

Comments On Repeal Of Carbon Pollution Rule Due April 28

The public comment period on the EPA Proposed Rule "Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units" is scheduled to close on April 28, 2018.

As background, on October 16, 2017, the Environmental Protection Agency published an announcement of its intention to repeal the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, commonly referred to as the Clean Power Plan, as promulgated on October 23, 2015. The proposal also requested public comment on the proposed rule. The EPA held public hearings on November 28 and 29, 2017, in Charleston, West Virginia, and extended the public comment period until January 16, 2018.

In response to numerous requests for additional opportunities for the public to provide oral testimony on the proposed rule in more than one location, EPA announced that three listening sessions will be held:

Wednesday, February 21, 2018 - Kansas City, Missouri;
Wednesday, February 28, 2018 - San Francisco, California;
Tuesday, March 27, 2018 - Gillette, Wyoming.

EPA also reopened the public comment period until April 26, 2018.

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Wednesday, March 21, 2018

Wastewater Permit And Compliance Overview







Overview of Clean Water Act 



Click link above to download presentation slides.



Overview of the Clean Water Act and underlying programs. Clean Water Act; CWA; wastewater; NPDES; pretreatment permit; water quality standards; permit limits; effluent guidelines; effluent standards; waters of the US, water quality criteria, SPCC rule

Monday, March 19, 2018

Air Permit Engineer For Wisconsin Printing Business

Caltha LLP Project Summary

Project: Update To Air Permit Emission Tracking And Reporting
Client:
Printing Operation
Location(s):
 Wisconsin

Key Elements: WDNR air permit, annual air emission inventory, VOC emission calculation

Overview: Caltha LLP has assisted this Wisconsin printing company with annual air emission inventory used for compliance reporting under the facility air emission permit issued by the Wisconsin Department of Natural Resources. This has included preparation of a site specific product usage and emission tracking workbook used by plant personnel to record monthly solvent usage and the resulting VOC emissions.

Caltha provides ad hoc training and technical support to plant staff on emission tracking and permit compliance.

VOC emissions Often Require Spray Booths To Included In Facility Wide Air Emission Permit
Spray Booth Included In Facility
Wide Air Emission Permit



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Caltha LLP | Your Air Permit, Wastewater Permit, 
Storm Water Permit Partner

Sunday, March 18, 2018

Is Hazardous Waste Allowed In City Sewer?

FAQ: Is It Legal To Discharge Hazardous Waste Into Sewer?

Possibly, if certain conditions are met.

The Clean Water Act (CWA) Pretreatment Program regulations require that Industrial Users (IUs) report any substance discharged to the Publicly Owned Treatment Works (POTW) which, if otherwise disposed of, would be considered a Resource Conservation and Recovery Act (RCRA) hazardous waste. Under RCRA’s Domestic Sewage Exclusion (DSE), any mixture of domestic sewage and other wastes that passes through a sewer system to a POTW is not considered a hazardous waste for the purposes of RCRA.

However, reporting of such discharges are regulated under the CWA as follows:
  • 40 CFR 403.12(p) requires a one-time report for each substance discharged to a POTW that, if otherwise disposed of, would be considered RCRA hazardous waste.
  • 40 CFR 403.12(j) requires a report in advance of any substantial change in volume or character of any IU discharge.

Who Must Submit Notification of Hazardous Waste Discharge?

All IUs that discharge a substance that, if otherwise disposed of, would be characteristic or listed wastes under 40 CFR Part 261 and meet the following criteria:
  • Total waste discharged is greater than or equal to 15 kg/month; or
  • Waste discharged is acute hazardous waste.

Where Does Notification Need To Be Sent?

If notification of hazardous waste discharge is required, it needs to be submitted to:
  1. Local Sewerage Authority(i.e., POTW)
  2. EPA Regional Waste Management Director, and
  3. State Hazardous Waste Authority

What Does Notification Need To Include?

The notification must contain:

For hazardous wastes ≥ 15 kg/month or any quantity of acute, the one-time notification from an IU to a POTW must contain:
  1. Name of the hazardous waste as set forth in 40 CFR Part 261.
  2. EPA hazardous waste number (code).
  3. Type of discharge to the sewer (continuous, batch, or other).
  4. A certification that the IU has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
If the IU discharges more than 100 kg of acute or non-acute hazardous waste per calendar month to the POTW, the notification must also contain the following items of information, to the extent such information is known and available:
  • An identification of the hazardous constituents contained in the hazardous wastes.
  • An estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month in which the one-time report is made.
  • An estimation of the mass of constituents in the wastestream expected to be discharged during the 12 months following the notification.
Common Questions Regarding Notification Of Hazardous Waste Discharge To City Sewer




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Caltha LLP | Your Air Permit, Wastewater Permit, 
Storm Water Permit Partner

Wednesday, March 14, 2018

Can I Throw Empty Pesticide Spray Cans In Trash?

How Are Spent Aerosols Containing Pesticides Regulated?

Hazardous waste aerosol cans that contain pesticides are also subject to the requirements of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), including compliance with the instructions on the label. In general, the statement on aerosol pesticide product FIFRA labels prohibits the puncturing of the cans. However, in April 2004, EPA issued a determination that puncturing aerosol pesticide containers is consistent with the purposes of FIFRA and is therefore lawful pursuant to FIFRA section 2(ee)(6) provided that the following conditions are met:
  • The puncturing of the container is performed by a person who, as a general part of his or her profession, performs recycling and/or disposal activities;
  • The puncturing is conducted using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof; and
  • The puncturing, waste collection, and disposal, are conducted in compliance with all applicable federal, state and local waste (solid and hazardous waste) and occupational safety and health laws and regulations.
EPA anticipates that this 2004 FIFRA determination would not be affected by the proposed addition of hazardous waste aerosol cans to the universal waste rules.

Tuesday, March 13, 2018

Used Aerosol Cans Could Be Universal Waste Under Proposed Rule

EPA is proposing to add hazardous waste aerosol cans to those “universal wastes” regulated under title 40 of the Code of Federal Regulations (CFR), part 273. This change in the Resource Conservation and Recovery Act (RCRA) regulations, once finalized, will reduce regulatory costs of a wide variety of establishments generating and managing aerosol cans, including the retail sector, by providing a clear, practical system for handling discarded aerosol cans.

How Is Aerosol Can Disposal Currently Regulated?

Aerosol cans frequently contain flammable propellants such as propane or butane which can cause the aerosol can to demonstrate the hazardous characteristic for ignitability. In addition, the aerosol can may also be a hazardous waste if they contain materials that exhibit hazardous characteristics. Similarly, a discarded aerosol can may also be a P or U-listed hazardous waste if it contains a commercial chemical product. Therefore, fir several reasons, spent aerosol cans could be a regulated hazardous waste.


RCRA Audit Finds Improper Flammable Hazardous Waste Storage And Labeling
Waste Audit Finds Improper Flammable Waste Storage And Labeling

How Are Spent Aerosols Containing Pesticides Regulated?

Hazardous waste aerosol cans that contain pesticides are also subject to the requirements of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), including compliance with the instructions on the label. In general, the statement on aerosol pesticide product FIFRA labels prohibits the puncturing of the cans. However, in April 2004, EPA issued a determination that puncturing aerosol pesticide containers is consistent with the purposes of FIFRA and is therefore lawful pursuant to FIFRA section 2(ee)(6) provided that the following conditions are met:
  • The puncturing of the container is performed by a person who, as a general part of his or her profession, performs recycling and/or disposal activities;
  • The puncturing is conducted using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof; and
  • The puncturing, waste collection, and disposal, are conducted in compliance with all applicable federal, state and local waste (solid and hazardous waste) and occupational safety and health laws and regulations.
EPA anticipates that this 2004 FIFRA determination would not be affected by the proposed addition of hazardous waste aerosol cans to the universal waste rules.

Does The Proposed Rule On Aerosol Can Disposal Affect State Rules?

If approved, States with approved RCRA programs would need to made revisions to State rules.

Four states, California, Colorado, Utah and New Mexico, already have universal waste aerosol can programs in place, and two more states, Ohio and Minnesota, have proposed to add aerosol cans to their universal waste regulations.


Spent Aerosol Cans Being Handled As Universal Waste
Spent Aerosol Cans Being Handled As Universal Waste

Are Any Containers Excluded From the Proposed Rule?

EPA intends the rule to be limited to sealed containers whose intended use is to dispense a material by means of a propellant or compressed gas.  Other types of containers, including compressed gas canisters and propane cylinders, present a greater risk than aerosol cans and would not be included.

EPA specifically excludes aerosol cans that have been emptied of their contents (both propellant and product). Once the contents of a universal waste aerosol can have been removed, the emptied can is considered a new point of generation and is subject to a hazardous waste determination.. An aerosol can that meets the definition of empty container is not subject to hazardous waste regulation, and may be recycled as scrap metal.

The proposed rule also excludes aerosol cans that show evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. Through this exclusion, EPA intends that hazardous waste aerosol cans that are not intact continue to be subject to the full hazardous waste standards.

Aerosol cans can be regulated as a hazardous waste unless emptied completely
Aerosol Cans Being Stored For Disposal or Recycling


What Handling Requirements Are Proposed?

Under this proposed rule, the existing universal waste requirements currently applicable to small quantity handlers of universal waste (SQHUWs) and large quantity handlers of universal waste (LQHUWs) would also be applicable to handlers of discarded aerosol cans. For both SQHUWs and LQHUWs, these requirements include:
  • waste management standards,
  • labeling and marking,
  • accumulation time limits,
  • employee training,
  • response to releases,
  • requirements related to off-site shipments, and
  • export requirements.
For the labeling requirement, EPA is proposing that either each aerosol can, 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)”.

In addition, EPA is proposing that small and large quantity universal waste handlers must follow certain specific management standards while handling their aerosol cans. Under this proposal, all handlers must manage their universal waste aerosol cans in a manner designed to prevent releases to the environment. This includes accumulating universal waste aerosol cans in containers that are structurally sound and compatible with the contents of the can, and show no evidence of leaks, spills, or damage that could cause leaks under reasonably foreseeable conditions. Handlers may sort aerosol cans by type and consolidate intact aerosol cans in larger containers, remove actuators to reduce the risk of accidental release, and under certain conditions, may puncture and drain aerosol cans that are being recycled..

Future of Aerosol Can Puncturing Under Proposed EPA Rule


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