Hazardous Waste Amendments for Adoption Consideration Presented to

Hazardous Waste Amendments for Adoption Consideration Presented to the Underground Storage Tanks and Solid Waste Disposal Control Board August 5, 2020

INTRODUCTION Jacqueline Okoreeh-Baah Regulatory Development Section Hazardous Waste Management Program Nashville Central Office 2

PURPOSE Present this set of amendments to Tennessee Hazardous Waste Regulations (Rule Chapter 0400 -12 -01) to the Underground Storage Tanks and Solid Waste Disposal Control Board (UST-SWDC) Consideration for Adoption.

AMENDMENT (0400 -12 -01) Copies of the Amendment: • Official Version • Redlined Version http: //tn. gov/environment/notices/waste http: //tnsos. org/rules/Rulemaking. Hearings. php

PUBLIC PARTICIPATION October 3, 2019 December 3, 2019 Draft Amendment was public noticed. Public Hearing was held. December 3, 2019 Public Comments period was to end on close of business. January 6, 2020 Public Comment period was extended.

PUBLIC COMMENTS Comments Located On: EPA Comments Official 179 Regulate Community 184 Redlined 221 226

PROGRAM AUTHORIZATION • Tennessee is required to adopt the Federal Regulations promulgated to maintain program authorization. • Tennessee regulations must be at least as stringent as the federal requirements, but the state can adopt more stringent requirements as well. • Tennessee regulations must be modified by July 1 of each year to reflect changes occurring between July 1 of the previous year to June 30 of the current year.

PROGRAM AUTHORIZATION Resource Conservation and Recovery Act (RCRA) requirements become effective in authorized States after the regulations are amended and become effective in the States. Hazardous Solid Waste Amendments (HSWA) requirements: become effective at the same time in all states. 8

THE AMENDMENT Tennessee amended the hazardous waste regulations: - Federal Register (published between November 2016 and November 2018) - EPA Comments (received during the comment period) - State Laws and this Board’s Policies - Technical corrections and housekeeping

FEDERAL AMENDMENTS The Environmental Protection Agency (EPA) published the Final Rules on: • November 28, 2016 Hazardous Waste Generator Improvements Rule • November 28, 2016 Hazardous Waste Export. Import Revisions • December 26, 2017 Confidentiality Determinations for Hazardous Waste Export and Import

FEDERAL AMENDMENTS (cont. ) The Environmental Protection Agency (EPA) published the Final Rules on: • January 3, 2018 User Fees for the Electronic Hazardous Waste Manifest System (e-Manifest) and Amendments to Manifest Regulations • November 30, 2018 Safe Management of Recalled Airbags

FEDERAL AMENDMENTS (cont. ) These four federal rules are incorporated as written: November 28, 2016 Hazardous Waste Export-Import Revisions December 26, 2017 Confidentiality Determinations for Hazardous Waste Export and Import Documents January 3, 2018 User Fees for the Electronic Hazardous Waste Manifest System and Amendments to Manifest Regulations November 30, 2018 Safe Management of Recalled Airbags 12

FEDERAL AMENDMENTS (cont. ) NOVEMBER 28, 2016 HAZARDOUS WASTE GENERATOR IMPROVEMENTS RULE • Reorganizes the hazardous waste generator regulations to make them more user-friendly; • Increases understanding of the hazardous waste generator requirements; • Addresses gaps in the existing regulations; 13

FEDERAL AMENDMENTS (cont. ) • Provides greater flexibility for hazardous waste generators to manage their hazardous waste in a cost- effective and protective manner; • Makes technical corrections and conforming changes to address inadvertent errors. 14

FEDERAL AMENDMENTS (cont. ) Impacts of Hazardous Waste Generator Improvement Rules by Category: 15

FEDERAL AMENDMENTS (cont. ) EPA Comments • EPA Region IV provided comments of the draft State Authorization Package submitted on March 3, 2018. 16

State Initiated Changes

THE AMENDMENT Tennessee amended the hazardous waste regulations: State - State Laws - Policies of the Underground Storage Tanks and Solid Waste Control Board ("Board") - Technical corrections and housekeeping

STATE INITIATED AMENDMENTS Amendments based on State Laws and Board Policies to address changes in the Generator Improvement Rules: • • • Annual Reports Notification Requirements Inspections Requirements Fees Electronic Reporting Reference 19

STATE INITIATED AMENDMENTS Additional Amendments: • Trivalent Chromium Exclusion • Technical Corrections 20

Copies • A copy of the draft Amendment is available at: http: //tn. gov/environment/notices/waste http: //tnsos. org/rules/Rulemaking. Hearings. php

Questions ? Wayne Gregory, Rulemaking Coordinator Office of General Council

HAZARDOUS WASTE RULEMAKING For ADOPTION CONSIDERATION

CONTACT INFORMATION Jacqueline Okoreeh-Baah Rule-Making Coordinator Office of the General Counsel Tennessee Tower, 14 th Floor 312 Rosa L. Parks Ave. , Nashville, TN 37243 p. 615 -532 -0825 Jackie. okoreeh-baah@tn. gov

CONTACT INFORMATION Wayne Gregory Rule-Making Coordinator Office of the General Counsel Tennessee Tower, 2 nd Floor 312 Rosa L. Parks Ave. , Nashville, TN 37243 p. 615 -253 -5420 wayne. gregory@tn. gov