From: CHAS membership <membership**At_Symbol_Here**DCHAS.ORG>
Subject: [DCHAS-L] Solid and Hazardous Waste Program Updates from the U.S. EPA
Date: Thu, 8 Jul 2021 09:04:27 -0400
Reply-To: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**Princeton.EDU>
Message-ID: BE4C7D1E-F3B6-4CBB-86A9-A54CA5470BB9**At_Symbol_Here**

One of the most common challenges lab people mention about working with EHS staff is the ambiguity of lab waste procedures and how often they change. The EPA e-mail newsletter below demonstrates some of the challenges EHS staff face in trying to support legal disposal of lab waste:
1) an idea which seemed obvious in 2010 (electronic submission of waste manifests from waste generators) is still slowly moving forward, with a variety of exceptions and user fees involved. 
2) the Corrosive Waste Rulemaking Petition Denial specifically re-affirms EPA's choice not to align with GHS definitions in this regard. 
3) it's good to know that the EPA has invented "self-implementing regulations", however while there is a lot about what these regulations don't cover, I can't decipher what they do cover.


- Ralph

July 8 , 2021
Upcoming e-Manifest User Fees Announced 

On June 30, EPA announced the upcoming User Fees for fiscal years 2022 and 2023 (October 1, 2021 through September 30, 2023) for the e-Manifest system. EPA encourages the hazardous waste industry to adopt fully electronic manifesting as soon as possible so that industry members can take maximum advantage of the benefits and cost savings of electronic manifesting. However, EPA acknowledges that it will take time for industry to fully transition to electronic manifests.

Now available: Final meeting minutes/report of the March 2021 e-Manifest Advisory Board public meeting   
The final meeting minutes and report from the most recent e-Manifest Advisory Board public meeting are now available. The meeting theme was "Looking Ahead: Setting e-Manifest Program Priorities and User Fees for FY 2022 and FY 2023." The purpose of this e-Manifest Advisory Board meeting was for the Board to advise EPA on its proposed program priorities and user fees for the FY2022/FY2023 cycle. The meeting minutes constitute the e-Manifest Advisory Board's advice provided to EPA during the public meeting.  

These meeting minutes are now publicly available in the public e-docket, Docket No. EPA-HQ-OLEM-2020-0571.
Webinar: May 26 e-Manifest Monthly Public Webinar Recording Available  

On May 26, EPA hosted the e-Manifest monthly webinar to provide the Agency's progress on the initiative. Updates are also provided through the e-Manifest team's quarterly newsletter

To learn more about e-Manifest, please visit our website where you can also access the e-Manifest May Monthly Public webinar recording.
Corrosive Waste Rulemaking Petition Denial

EPA responded to a rulemaking petition requesting revision of the Resource Conservation and Recovery Act (RCRA) corrosivity hazardous waste characteristic regulation. The petition requests that the Agency make two changes to the current corrosivity characteristic regulation: 

  • Revise the regulatory threshold for defining waste as corrosive from the current value of pH 12.5, to pH 11.5; and 
  • Expand the scope of the RCRA corrosivity definition to include non-aqueous wastes in addition to the aqueous wastes currently regulated. 

EPA published a final denial of the rulemaking petition on June 15, 2021. 
Texas Final CCR Permit Program Approval

On June 1, the EPA Administrator signed a Federal Register notice approving of the third state permit program for the management of coal combustion residuals (CCR) in the state of Texas. On the effective date of this notice, the Texas partial permit program will operate in lieu of the Federal CCR program, except for five provisions.

To learn about the Texas Final CCR Permit Program Approval or other CCR state permit programs please visit our website.
State-only Hazardous Waste Subject to RCRA manifests

In early June, EPA published a web page listing state-only hazardous waste subject to RCRA manifests. Per the e-Manifest Act, receiving facilities that receive waste required by either federal or state law to use a RCRA manifest must submit the final manifest to EPA's e-Manifest system. This is true if either the generation state or receiving state requires a manifest during the movement of the waste shipment. 
Note: The state-only waste content provided on the web page is not static and is currently being verified by the states.

To learn more about state-only hazardous waste subject to RCRA manifests, visit our website.
EJSCREEN 101: Now Available 

On May 18, EPA hosted the webinar EJSCREEN 101: Mapping Tools and EPA Competitive Grants. EJSCREEN is an environmental justice web-based mapping and screening tool that allows users to access high-resolution environmental and demographic information for locations in the United States and compare their selected locations to the rest of the state, EPA region, or the nation. This webinar provides guidance on how to use EJSCREEN effectively, as well as how to tailor its usage to tribes' specific needs, including responding to competitive grants.  

To learn more about EJSCREEN, please visit our website where you can alsoaccess the EJSCREEN webinar.
Non-Hazardous Secondary Materials (NHSM) Guide Now Available 
On May 26, EPA posted the NHSM non-waste determination guide to the NHSM webpage. This guide explains how to make a non-waste determination for fuels under the NHSM regulations and is designed to help the generators and combustors of NHSM apply these self-implementing regulations to their processes. The guide goes through each step of the non-waste determination process, including applying the legitimacy criteria and processing requirements. The guide also explains the two petition processes under NHSM, the role of states, and the recordkeeping requirements under the Clean Air Act.

The guide can be found on EPA's NHSM web page, or can be accessed directly here
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The purpose of this listserv is to provide stakeholders with updates about the federal solid and hazardous waste programs. This listserv is used to send out announcements about rulemakings, upcoming webinars, guidance documents, open comment periods and other related communications.

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