EPA Region 4 RCRA and PCB Programs Updates

EPA Region 4 RCRA and PCB Programs Updates Meredith Anderson, Chief Materials & Waste Management Branch Resource Conservation and Restoration Division March 26, 2019

Programs managed by MWMB: Ø RCRA State Authorizations Ø RCRA 3011 Grants Ø RCRA Solid Waste Management/CCR Ø RCRAInfo Ø Sustainable Materials Management Ø TSCA PCB Clean-Up and Commercial Storage/Disposal Approvals

Programs managed by new RCRA Programs and Cleanup Branch: Ø RCRA State Authorizations Ø RCRA 3011 Grants Ø RCRA Solid Waste Management/CCR Ø RCRAInfo Ø Sustainable Materials Management Ø PCB Clean-Up and Commercial Storage/Disposal Approvals Plus: Ø RCRA Corrective Action Ø RCRA Permitting Ø UST/LUST Programs Ø Data Management (RCRAInfo, TRI, GIS) Ø Financial Assurance Ø Emerging Contaminants

RCRA State Authorizations Ø RCRA Cluster 26 (July 1, 2019) § Checklist 238: Confidentiality Determinations for Hazardous Waste Export and Import Documents § Checklist 239: Hazardous Waste Electronic Manifest User Fee Rule Ø RCRA Cluster 27 (July 1, 2020) § Checklist 240: Safe Management of Recalled Airbags § Checklist 241: Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P 075 Listing for Nicotine Ø EPA tech assistance/training available

RCRA State Authorizations Georgia – final approval through Cluster 25 effective on 2/22/19 Ø Kentucky - final approval through Cluster 25 to be published in FR by May 2019 Ø Mississippi – final approval through Cluster 23 to be published in FR by May 2019 Ø Alabama – final approval through Cluster 24 routing for Acting RA’s signature Ø RCRAInfo Ø National RCRAInfo Conference § August 26 -30 in Chicago, IL

State PRA Status Chart STATE AL FL CLUSTERS (Checklists) 15 16 19 20 21 23 24 17 18 22 23 STATUS (Checklists 206. 1, 207, 208) (Checklists 209, 211, 213) (Checklist 220) (Checklists 222 and 223) (Checklists 225, 226, 227) (Checklists 231 and 232) (Checklists 233 and 234) (Checklists 214 and 215) (Checklists 216 and 218) (Checklist 229) Proposed Federal Register (FR) Notice signed by R 4 Regional Administrator (RA) on 9/27/18 and published in the FR on 12/10/18, commencing a thirty -day public comment period. Comment period ended on 1/9/19. Comments were favorable. Final FR Notice waiting for Acting RA’s signature. 2 (Checklist 104) 3 (Checklist 107) 9 (Checklist 178) 18 (Checklist 218) 20 (Checklists 222 and 223) 22 (Checklists 228) 23 (Checklists 229, 230, 231, 232), 24 (Checklists 233, 234, 235) 25 (Checklists 236, 237) 15, 16, 17, 18 (Checklists 216 and 217), 19, 21 Proposed FR Notice published in the FR on 2/22/19; public comment period closed on 3/25/19. Final FR Notice will now be prepared and published. Authorized.

State PRA Status Chart STATE CLUSTERS (Checklists) GA 16 19 22 23 24 25 (Checklist 213) (Checklist 219) (Checklist 228) (Checklists 229, 231, 232) (Checklists 233) (Checklists 236 and 237) KY 2 through 25 STATUS Final FR Notice was published in the FR on 2/22/19 granting Georgia final authorization for revisions to its authorized program. Effective date: 2/22/19 Proposed FR Notice published in the FR on 9/21/18. Thirty-day public comment period ended on 10/22/18. Comments received and addressed in Final FR Notice signed by the Acting RA and mailed to the FR Office for publication (no publication date at this time).

State PRA Status Chart STATE CLUSTERS (Checklists) STATUS MS 15 through 23 Final FR Notice signed by the Acting RA and mailed to the FR Office for publication (no publication date at this time). NC 15 16 17 19 20 23 24 25 26 EPA received a draft application for checklists on 9/4/18. EPA has reviewed this draft revision package and provided comment. NCDEQ submitted a final program revision application on 1/28/19. This final application is currently under review by MWMB and ORC. (Checklist 206. 1 and 207. 1) (Checklist 215) (Checklist 222) (Checklists 230, 231, 232) (Checklists 233, 234, 235) (Checklists 236 and 237)

State PRA Status Chart STATE SC CLUSTERS (Checklists) 16 through 20 16 (Checklist 209) 18 (Checklist 217) 21 (Checklists 225, 226, 227) 23 (Checklists 231, 232) STATUS SCDHEC resubmitted draft checklists to address EPA comments. MWMB and ORC are continuing to review. SCDHEC is preparing final Program Revision Application (PRA). Submitting to EPA for informal review. 24 (Checklists 233, 234 25 (Checklists 236, 237 TN 16 17 19 20 21 22 (Checklist 212) (Checklist 214) (Checklist 220) (Checklists 222 and 223) (Checklists 225, 226, 227) (Checklist 228) 15 16 (Checklists 209, 211, 213) 17 (Checklist 215) 18 EPA is conducting an informal review. Due to furlough, review paused temporarily but is now ongoing. Authorized.

RCRA 3011 Grants Ø Grant awards during Continuing Resolutions 1 -3 and additional 30 -day upload are being processed. Ø Remaining FY 19 grant funds will be processed asap now that the R 4 Budget Operating Plan has been issued/loaded (3/20/19). Ø Guidance for FY 20 Grant Application and Work Plan to States by 4/15/19; Draft Workplans due 6/1/19 (for non-PPA States). Ø Final FY 20 Grant Application and Work Plan: due 8/1/19. § Upload to Grants. gov and also send e-copy to Dee/Meredith. Ø FY 19 End of Year Reports: due 12/31/19 (for non-PPA States). Ø EPA STAG Allocation Formula Work Group is currently reviewing the existing formula and will make recommendations in early 2020, for the FY 21 grant cycle.

Solid Waste – RCRA Subtitle D Advanced Notice of Proposed Rulemaking (ANPRM): Ø Revisions To The Criteria For MSWLFs To Address Advances In Liquids Management (i. e. , establishing revised criterial at 40 CFR Part 258) published in the Federal Register on 12/26/18. Ø EPA considering easing restrictions on the addition of liquids in order to promote accelerated biodegradation. Contemplate removing prohibition on the addition of bulk liquids, further defining a particular class of MSWLF units (i. e. , bioreactor landfill units). Ø The ANPRM will discuss results of related research conducted to date and EPAs preliminary analysis of that research and will seek additional scientific studies, data, and public input on issues that may inform a proposed rule. Ø Public Comment - a 90 -day public comment period (extended due to the government shutdown) will close on May 10 th; EPA may convene a public hearing.

Solid Waste - Coal Combustion Residuals (CCR) Ø CCR Litigation: § USWAG – clay-lined/unlined Surface Impoundments; “legacy” units § Waterkeeper Alliance vs EPA - challenge to July 2018 Phase I Part 1 rules § Waterkeeper Alliance and Sierra Club vs EPA - challenge to Oklahoma CCRPP approval Ø CCR Rulemaking: § Phase 2 § Response to Phase 1 Part 1 Challenge (if needed) § Federal CCR Permitting Program Ø Other EPA implementation activities: § Developing EPA Permitting Program § Developing EPA Enforcement Strategy § Conducting compliance reviews, developing standardized data reports; identifying “legacy” units; etc.

Solid Waste - Coal Combustion Residuals (CCR) Ø Ø Georgia: § GA EPD submitted to EPA a CCRPP application package on 4/13/18, and submitted an addendum to the application package on 3/6/19. § Region 4 has commenced with the review and completeness determination process, and is currently drafting the FR notice for tentative determination of program adequacy, as well as drafting the Technical Support Document (TSD) that will supplement the FR notice. § Based on the response to Oklahoma’s CCRPP application, we anticipate an active public comment period and public hearing. Alabama: § Submitted a CCRPP application package on 7/13/18, and it is still under review by EPA. Ø EPA to ensure that approval of state programs is as defensible as possible and provides for national consistency in the approval process. Ø Delegation remains with EPA Headquarters, therefore, all Regions are crucial partners in the process, but do not have final approval authority.

Sustainable Materials Management Ø R 4 States’ Solid Waste and Recycling Managers’ Meeting § March 5 -7 2019 in Lexington, Kentucky Ø Disaster Debris Recovery Tool (DDRT) Ø Request for Applications Ø § Request for Applications issued on 3/20/19 § Priorities for this solicitation are economically-driven strategies to drive SMM in the areas of organics, glass, the recycling market, and the built environment. Super Bowl LIII – reducing food waste

Super Bowl LIII Ø EPA assisted Second Helpings in working with Mercedes Benz Stadium to gather food from around the stadium. Ø The Region 4 SMM Team also picked up 400 lbs of unused chicken from a Super Bowl LIII caterer, Bold Catering. The excess food was delivered to At-Promise Youth Center, which feeds 8 satellite facilities including multiple downtown Atlanta area shelters.

PCB Clean-Up and Commercial Storage/Disposal Approvals When to call EPA for Assessments/Cleanups… EARLY!!! Contact the R 4 PCB Coordinator as soon as you think you might have or know you have PCBs on your cleanup site. Why? TSCA/PCB program is not delegable to States Because the PCB regulations require a separate and distinct process that often requires EPA notification/approval; delays are likely if EPA is not involved early Even if the material is < 50 ppm, it may still be regulated under TSCA

Definition of “PCB Remediation Waste” This is a generalized depiction, see 40 CFR 761. 3 for full detail Currently <50 ppm Spilled Pre-1978 Spilled Post-1978 Source at any concentration Source < 50 ppm & Authorized NOT PCB Remediation Waste Currently ≥ 50 ppm Spilled any time Source ≥ 50 ppm or Unauthorized Source at any concentration PCB Remediation Waste 17

Definition of PCB Remediation Waste This is a generalized depiction, see 40 CFR 761. 3 for full detail Key. Currently Takeaway >50 Point: Currently <50 ppm Spilled Pre 1978 Spilled Post-1978 Source at any concentration Source < 50 ppm & Authorized NOT PCB Remediation Waste Even if the material Spilled is < 50 ppm, any time it may still be regulated Source ≥ 50 ppm or Unauthorized Source at any concentration PCB Remediation Waste 18

PCB Remediation Waste Cleanup and Disposal Option Basics PCB Remediation Waste* NOT PCB Remediation Waste a No cleanup or disposal obligations No interaction with EPA Any landfill c 761. 61(a) 761. 61(b) 761. 61(c) Self Implementing Cleanup Option Performance Based Disposal Option Risk Based Cleanup & Disposal Must notify EPA No notification required Sampling requirements are prescriptive * PCB Remediation Waste resulting from a spill or release before 1978 is not subject to the cleanup requirements of the regulations (unless the RA makes a finding), but is subject to the disposal requirements if it is picked up (see 40 CFR 761. 50(b)(3)). b Can send < 50 ppm to municipal landfill All PCB Remediation Waste must go to a TSCA facility Must remove all PCB waste > 1 ppm Requires EPA approval Any cleanup and/or disposal plan may be submitted Depends on EPA finding of no unreasonable risk of injury 19 to health or env

Points of Contact Meredith Anderson – Chief, Materials & 404 -562 -8608 Waste Management Branch (soon to be RCRA Programs & Cleanup Branch) Dee Rodgers-Smith – Chief, RCRA Programs & 404 -562 -8688 Materials Management Section (soon to be RCRA Programs & Permitting Section) Ken Feely – PCB Team Lead & Coordinator (soon to be part of the Redevelopment & Chemicals Branch/PCB & Sustainability Section) 404 -562 -8512