Definition of Solid Waste Rule - Recycling of Hazardous Wastes

The US EPA "Definition of Solid Waste" rule goes into effect on December 29, 2008. The rule is a hazardous waste regulatory exclusion, intended to streamline the requirements for recycling certain materials, such as sludges, by-products and spent materials. EPA estimates that 1.5 million tons of hazardous secondary materials will be exempted from regulation as hazardous wastes each year under this rule. By removing unnecessary regulatory controls, EPA expects to make it easier and more cost-effective to safely recycle hazardous secondary material.

The rule provides conditional exemptions for:

• materials that are generated and legitimately reclaimed under the control of the generator;
• materials that are generated and transferred to another company for legitimate reclamation under specific conditions; and
• materials that EPA or an authorized state determines to be non-wastes through a case-by-case petition process.

This rule also includes a provision to help determine which recycling activities are legitimate under the new exclusions and non-waste determinations.

It is important to note that in some States, revisions to State Rules may be necessary before waste generators can take advantage of these changes. States can decide whether or not to fold the new Federal rules into State rules.

Caltha LLP provides technical support to waste generators on waste management regulations, waste minimization and pollution prevention.

For further information contact Caltha LLP at
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Court Restores Clean Air Interstate Rule (CAIR)

On December 23, 2008, the US Court of Appeals for the District of Columbia Circuit reversed its vacatur of the US EPA Clean Air Interstate Rule (CAIR). CAIR was intended to regulate interstate emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) contributing to nonattainment areas for fine particulate and ozone. The Court had vacated CAIR in July 2008, citing significant flaws in EPA’s regulations.

The recent ruling means that CAIR, as previously promulgated by EPA, will remain in place until such time as the EPA revises the rule, as per the instructions of the Court’s order in July.

For further information contact Caltha LLP at
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Proposed Rules on Ammonium Nitrate Handling - DHS Security Requirements

The Department of Homeland Security (DHS) has published an Advance Notice of Proposed Rulemaking (ANPRM) seeking comments on a recent amendment to the Homeland Security Act entitled "Secure Handling of Ammonium Nitrate". The amendment requires the DHS to ''regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility...to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.''

Written comments must be submitted on or before December 29, 2008.

Ammonium nitrate is also regulated as a Section 313 Water Priority Chemical, and may have additional control and security requirements under the Clean Water Act [Read more about requirements for Section 313 chemicals]

Caltha LLP provides technical support to facilities required to meet hazardous material storage and reporting requirements.

For further information contact Caltha LLP at
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New York (NYDEC) Plastic Bag and Film Recycling Rules- Effective January 2009

On December 13, 2008, Governor Patterson signed New York State's Plastic Bag Reduction, Reuse, and Recycling Act. This law requires larger retail and chain stores to accept clean plastic bags for recycling starting January 2009.

Under the new law, retail establishments with more than 10,000 square feet of retail space, or those that are part of a chain with more than five stores (each with more than 5,000 square feet of retail space), must provide bins for the collection of used plastic carryout bags, recycle the returned bags and keep records for three years describing the amount of plastic bags collected and recycled.

The new state law will pre-empt local governments from adopting their own plastic bag recycling laws. However, it is expected that additional legislation will be enacted to amend the bill signed by the governor to allow New York City to retain an effective and popular local law that established a citywide recycling program for plastic carryout bags and film plastics. Another expected amendment will require the recycling of film plastics as part of the statewide program.

For further information contact Caltha LLP at
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Washington WEEE Recycling Law - E-Cycle Washington

Beginning January 1, 2009, the E-Cycle Washington program kicks-off and provides no cost recycling of many waste electronic and electrical equipment (WEEE). The program is available to households, small businesses, schools & school districts, small governments, special purpose districts, and nonprofits & charities who can recycle electronic products free of charge.

E-Cycle Washington is one outcome of the Washington Electronic Product Recycling Law and Department of Ecology rules passed in 2007. These rules include:

• Manufacturer requirements
• Transporter requirements
• Recycler requirements
• Retailer requirements
• Reporting requirements
• Education and outreach

Caltha LLP assists manufacturers in meeting their internal product stewardship goals and regulatory requirements.

For further information contact Caltha LLP at
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Federal Lead Standards - Companies Agree To Early Restrictions

A number of toy manufacturers have agreed to adopt the new federal standards immediately, ahead of a new federal law ratcheting down standards for lead in toys that won't go into effect until Feb. 10, 2009. By this agreement to settle a law suit with the State of California, the companies agreed not to sell any toys they know contain lead above the soon-to-be Federal standard of 90 parts per million (ppm), The companies will also pay over $0.5 million for lead testing and improved consumer notification.

In 2008, Congress passed a consumer product safety legislation, the Consumer Product Safety Improvement Act, which:

• Lowers the standard for lead in paint and surface coatings from 600 parts per million currently to 90 parts per million after Aug. 14, 2009,
• Establishes tighter restrictions for lead in other materials used in toys, such as plastics, metals and fabrics.

Under the terms of the settlement agreement in California, the companies will:

• Implement the federal lead standards on Dec. 1, 2008, instead of Feb. 10, 2009,
• Meet the 90 ppm lead in paint standard by Dec. 1, 2008, instead of by Aug. 14, 2009,
• Meet the 300 ppm standard for lead in plastics, metals, and fabrics by Dec. 1, 2008.

If the companies find toys in excess of the lead standard, they will stop selling and distributing those toys, regardless of when the toy was made. If the companies violate the lead standard in the future, the California Attorney General can obtain penalties through an expedited enforcement process.

Caltha LLP assists manufacturers, importers and exporters in evaluating and meeting product stewardship requirements.

For further information contact Caltha LLP at
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State Antidegradation Policy - Significance to Wastewater and Stormwater Dischargers

Over recent years, much attention has been placed on State policies and procedures regarding impaired waters, 303d listing, and TMDLs. However, State Antidegradation Policies can be as significant, and in many cases can affect a greater number of dischargers.

In essence, the two regulatory programs address two subsets of "waters of the State" 1) those that currently do not meet their water quality standards, and 2) those that do currently meet standards.

Impaired Waters Programs address waters that do not meet their respective water quality standards. Studies and implementation plans ("TMDLs) are required to move these impaired waters back into compliance.

In contrast, Antidegradation policies or programs address waters that current meet their respective standards. In this case, policies or rules are in place to assure that NEW or EXPANDED discharges to these waters do not result in an unacceptable degradation in water quality (even if still below water quality standards). Antidegradation policies will generally set thresholds for new or expanded discharges above which Antidegradation Reviews may need to be conducted before the discharge is permitted.

One of the complicating factors in antidegradation policies is the application to stormwater discharges which require an NPDES permit. Typically the antidegradation policy thresholds are not expressed in units that are easily applied to stormwater discharges. For example, an existing industrial facility which has a permit to discharge stormwater expands its truck parking area, which technically increases flow. Depending on the specific requirements of the State's antidegradation policy, this increase may require an antidegradation review.

Caltha LLP provides technical support to wastewater and stormwater permittees nationwide to address antidegradation requirements.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website