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GeoInsighter Spring 2006 Newsletter

USEPA Regulatory Changes - for the better?

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This year, the regulated community will need to prepare for changes to the United States Environmental Protection Agency’s (USEPA) Oil Pollution Prevention regulations found at 40 Code of Federal Regulations Part 112 (40 CFR 112) and the adoption of changes to the uniform manifest system. Specifically, requirements and deadlines associated with implementation of the new Spill Prevention, Control, and Countermeasure (SPCC) planning regulations contained within 40 CFR 112 have been modified once again, and the USEPA is repealing the standard practice of using state-specific manifests.

On July 17, 2002, the USEPA issued a new rule that drastically changed the long-standing SPCC planning requirements. The final rule was met with much opposition by the regulated community and environmental interest groups. Compliance dates were extended with subsequent notices on January 9, 2003, April 17, 2003, and again on August 11, 2004. Under the latest final rule published February 17, 2006, regulated facilities are required to amend and implement their SPCC Plan by October 31, 2007 in compliance with the July 17, 2002 regulations and subsequent modifications.
 
The original July 2002 regulatory changes set the container threshold at 55 gallons or greater and eliminated one of the applicability thresholds. The February 17, 2006 final rule contains a number of provisions that further lessen the regulatory burden associated with 40 CFR 112. In addition to some very specific changes affecting airport mobile refuelers, requirements for animal fats and vegetable oils, and regulated farm activities, the amended rule has lessened the requirements for “qualified facilities” and secondary containment for certain types of oil-filled equipment.   

A “qualified facility” is defined as a facility that (a) is subject to SPCC requirements, (b) has an aggregate aboveground oil storage of less than 10,000 gallons, and (c) has had no reportable discharges.  As a qualified facility, the owner/operator can self-certify their Plan in lieu of review and certification by a licensed Professional Engineer.  Similarly, a facility that has oil-filled operational equipment and has had no discharges can implement a monitoring program and maintain an oil spill contingency plan in lieu of providing secondary containment for the “qualified equipment.”

Since the 1980s, generators of hazardous wastes have either purchased their own manifests or relied upon their designated handler to obtain manifests from the state agency.  As each state was allowed to create its own manifest, hazardous waste handlers have had a difficult time managing the paperwork associated with shipments and ultimate disposal of hazardous wastes.  In February 2005, the USEPA issued a final rule that mandated the use of a standard manifest form, making the state manifests obsolete.  Compliance with this rule is required by September 5, 2006.

Eighteen months was allowed for implementation of this rule to allow states and waste handlers to expend their supplies of the preprinted state manifests and, more importantly, to allow time for the establishment of the new manifest system.  Under this rule, the USEPA will oversee a revised manifest distribution system by creating a manifest printing registry within its Office of Solid Waste.  Facilities desiring to print and distribute the revised manifest form must register with the USEPA; however, as of March 29, 2006, no facilities have been approved.  Furthermore, the process for becoming approved is considerable and only a few facilities have entered the registration process.

As the state manifests cannot be used after September 5, 2006, state agencies are planning on using up their current supply and not ordering more manifests.  The new manifest form cannot be used before September 5, 2006, a date only four months away, and no one is currently approved to print and distribute the manifests.  Hazardous waste generators should speak with their designated handlers to find out what actions are being taken to ensure a smooth transition during the summer of 2006. 

Eric C. Watters
ecwatters@geoinc.com
 

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