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Reading from California?
Reading this from California? Check out our 4-day RCRA Cali Title 22 .VIRTUAL seminar, scheduled for April 14–17, 2025. Over the four days, we’ll cover the latest regulatory updates, break down the newly adopted Generator Improvements Rule (GIR), and of course, cover federal vs California RCRA. And if you didn’t know already—the seminar is live! So, bring the questions you’ve been dying to have answered, or the ones you’ve recently conjured up… enjoy the “mic” feature and speak to our presenters in real time!
Next .VIRTUAL RCRA
Didn’t make it to a February seminar? It’s time to set your sights on McCoy’s next .VIRTUAL RCRA seminars in May and June! Tune in from the comfort of your home or office as expert presenters guide you through the latest in hazardous waste regulations and compliance. Sign up for the 5-Day seminar, May 5-9, 2025, or if you’re a RCRA pro, take the Refresher seminar happening June 24-25, 2025. And don’t forget—McCoy’s updated course binder and the 2025 RCRA Unraveled and RCRA Reference publications are pre-shipped to every attendee.
Lay down your CAA foundation
Starting from scratch when a compliance decision needs to be made? As you already know—the Clean Air Act is complicated. It hinges on the specific facility and is painfully permit-driven. But that doesn’t mean you have to start from square one each time. Sign up for McCoy’s April 1–3, 2025, .VIRTUAL seminar, and we’ll clarify the applicability determinations and show how they fit together. Lay down your CAA foundation and save yourself and your facility valuable time!
Virginia Beach next month!
Our in-person RCRA seminar in Virginia Beach is just a month away, March 10-14, 2025! If you’re planning on attending, be sure to register and make hotel accommodations while they’re still available—the McCoy room block at the Hilton Virginia Beach Oceanfront Hotel ends February 21, 2025. Can’t make it to Virginia Beach? Join us in Denver, June 9-13, 2025, or Lake Tahoe, August 18-22, 2025!
For more information on “in-person” seminars, email us at Hello@mccoyseminars.com or call 303-526-2674, and we’ll be happy to assist.
Solar Panel FAQs
Because solar panels are not regulated as universal waste under the federal RCRA program, generators who determine their solar panels exhibit the toxicity characteristic may need to manage them as fully regulated hazardous waste. Fortunately, several recycling exclusions may be applicable when managing such waste. EPA recently published answers to frequent questions about managing end-of-life solar panels under RCRA. READ MORE
Preventing vapes from going up in smoke
Tropical punch, blue lagoon, and razzle-dazzle… just a few of the thousands of flavors available in e-cigarettes. Vaping is everywhere, including schools and small businesses, which is why EPA has come out with guidance on how these entities should be managing collected electronic nicotine delivery systems. To avoid the potential fires and acute poisoning that come from these devices, facilities should individually wrap or bag batteries and e-liquid vials, or if the vape pen cannot be disassembled, place each one in its own plastic bag. Potential disposal options include small business collection programs, offsite consolidation to a parent company, or RCRA-permitted TSDFs.
PEPO proposal cuts EtO
On December 27, 2024, EPA proposed amendments to the polyether polyols (PEPO) production industry NESHAP. [89 FR 105986] PEPO are chemicals used to produce lubricants, adhesives, sealants, cosmetics, soaps, and polyurethane foams. Hazardous air pollutants emitted by PEPO production facilities include ethylene oxide (EtO), which is highly carcinogenic. The proposed amendments to Part 63, Subpart PPP aim to reduce EtO emissions by 14 tpy and cut emissions of all hazardous air pollutants by 157 tpy. Additionally, periodic fenceline monitoring of EtO would be required every 5 days, and the monitoring data would be made publicly available through EPA’s WebFIRE database. Comments may be submitted through February 25, 2025 via Docket ID No. EPA-HQ-OAR-2023-0282.
Ratcheting up 2025 penalties
EPA is required by law to annually adjust the maximum civil penalties allowed under environmental law to account for inflation. Because the adjustments are tied to the consumer price index, the penalties incurred in 2025 are approximately 2.5 percent greater than in 2024—further demonstrating the cost of noncompliance. READ MORE
RCRA model permit update
Title V, NPDES, UIC, MPRSA… environmental permitting is challenging and specific to a facility’s operations. As discussed in a previous article, EPA’s RCRA model permit provides example language vetted by legal and enforcement experts that should reduce permit issuance time and promote consistency. The agency recently updated the RCRA model permit with a module on general permit conditions applicable to all RCRA permits. These modules help permit writers by standardizing the language associated with hazardous waste management permits.
Tidying up the cleanup pages
EPA recently updated its webpages and information on the hazardous waste cleanup program, formerly called the corrective action program. The main page is more user-friendly, with links to topics like training, cleanup progress, and FAQs. Numerous guidance resources are also available on topics such as remediation waste management, groundwater/soil/air cleanup, and a direct link to RCRA Online’s RCRA cleanup guidance.
New NAAQS for SO2
Secondary national ambient air quality standards (NAAQS) are designed to protect public welfare. The standards defend against adverse effects on vegetation, animals, weather, visibility, climate, property, and economic impacts. EPA’s final rule covering the secondary NAAQS for sulfur oxides (SOX), nitrogen oxides (NOX), and particulate matter (PM) took effect on January 27, 2025. [89 FR 105692] While the rule does not change the standards for PM or NOX, it does revise the SO2 standard from 0.5 ppm averaged over 3 hours to an annual standard of 10 ppb averaged over 3 years. SO2 is the NAAQS indicator for SOX. EPA believes emission reductions to meet the secondary SO2 standard will not be necessary as existing measures taken by states to meet the primary SO2 standard should be sufficient.
Technical corrections take 2
In 2023, EPA promulgated a direct final rule addressing numerous technical corrections to the RCRA regulations. However, the corrections impacting the generator improvements rule, hazardous waste pharmaceuticals rule, and definition of solid waste rule received a series of negative comments, prompting the agency to return to the drawing board. In December 2024, EPA finalized an updated rule in response to the comments, allowing minor, non-substantive changes to take effect. READ MORE
TSCA DCM bans
On May 8, 2024, EPA finalized a rule further strengthening the TSCA regulation of methylene chloride (dichloromethane, DCM) under Part 751. [89 HR 39254] The first prohibitions of DCM use take effect May 5, 2025, and to support facilities in complying with the new requirements, the agency published a guide to the 2024 DCM rule in November 2024. While many uses of DCM will become prohibited over the next five years, 13 specific uses will still be allowed, provided impacted facilities establish a workplace chemical protection program (WCPP). The WCPP must document occupational exposure limits, monitoring requirements, an exposure control plan, regulated areas, personal protective equipment use, training, and more. WCPP compliance deadlines differ between federal agencies and the rest of the regulated community.
Haz waste rules fall into place
The Fall 2024 regulatory agenda is now available. EPA is keeping per- and polyfluoroalkyl substances in its sights for regulation as RCRA hazardous constituents and CERCLA hazardous substances. The agency is also reviewing potential universal waste regulations for lithium batteries and solar panels, and a new open burning/open detonation rule is on the horizon. READ MORE
Crisp fall air agenda
The Fall 2024 regulatory agenda is now available and EPA is planning reviews, revisions, and amendments to scores of CAA stationary source regulations. A critical aspect of the CAA is the periodic review of source category standards. While much of what is on the agenda is the typical review, some items result from lawsuits and court orders. READ MORE
SQG renotification assistance
Per the 2016 generator improvements rule (GIR), SQGs must renotify EPA or their authorized state by September 1, 2021, and every four years thereafter, using EPA Form 8700-12 or state equivalent. The next renotification is due by September 1, 2025, and to prepare these generators, EPA published outreach materials for both SQGs and their TSDF vendors. This renotification requirement is currently effective in authorized states that have adopted the GIR, non-authorized states (Iowa and Alaska), Indian Country, and most U.S. territories. To see if your facility must renotify, refer to EPA’s map of where the GIR is in effect.
Rubber hits the road
A rubber tire manufacturing NESHAP final rule took effect on November 29, 2024. [89 FR 94886] EPA’s rule updated Part 63, Subpart XXXX by setting new standards for the previously unregulated rubber processing subcategory. Emission limits have been set for total hydrocarbons (THC), which act as a surrogate for polycyclic aromatic hydrocarbons and all organic HAPs, and for filterable particulate matter (fPM), which act as a surrogate for metal HAPs. Continuous emission monitoring for THC and baghouse system parameter monitoring associated with fPM are also required. Facilities must also demonstrate initial compliance with the amendments through emissions testing, with subsequent compliance testing to be performed every five years.
Toughening NOx limits for turbine NSPS
On December 13, 2024, EPA proposed amendments to the new source performance standards for stationary combustion and gas turbines. [89 FR 101306] The rule aims to lower the emissions of nitrogen oxides by establishing combustion controls in conjunction with post-combustion selective catalytic reduction. A new Part 60, Subpart KKKKa would have emission limits that vary based on newly established size-based subcategories. The agency did not propose changes to the sulfur dioxide limits. Comments may be submitted until March 13, 2025 via Docket ID No. EPA-HQ-OAR-2024-0419.
VOL tanks face new standard
For the first time in nearly four decades, facilities operating volatile organic liquid (VOL) storage vessels have a new standard with which to contend. New storage vessels must now comply with NSPS Subpart Kc, a significantly more stringent standard than Subpart Kb. The new provisions eliminate exemptions, reduce control requirement applicability thresholds, increase control device efficiency targets, and strengthen monitoring requirements. READ MORE
New regs for managing HFCs
A new rule regulating refrigerants just hit the air and waste books. In a two-part effort, EPA promulgated new provisions for hydrofluorocarbons (HFCs) and their substitutes under Part 84 and recycled refrigerants under Part 266. The requirements are designed to reduce emissions and encourage recycling of these ozone-depleting substances. If you operate refrigeration equipment, then you’ll need to study up since these regs are already in effect. READ MORE
EPA’s international e-waste guide
Facilities engaged with importing or exporting e-waste will need to brush up on new Basel Convention amendments that take effect January 1, 2025. Though the United States has not ratified the convention, many U.S. trading partners will implement the Basel requirements. And despite the fact that e-waste regulation within the country is not changing, transboundary shipments will be subject to a new classification regime and prior informed consent for both hazardous and nonhazardous e-waste. More information, including webinar recordings, is available on EPA’s website.
Cleanup program formerly know as…
Tired of being misunderstood, the RCRA corrective action program will now be called the "hazardous waste cleanup program." This program is designed to ensure RCRA-permitted facilities do not become future Superfund sites. However, EPA believes many people are not familiar with the statute-derived term “corrective action.” Thus, the agency has officially renamed the program to the “hazardous waste cleanup program.” Through April 2025, EPA will use the name “Hazardous Waste Cleanup Program (formerly Corrective Action Program)” to remind everyone of the name change.
Preventing plastic pollution
Macro and microplastics don’t only end up in landfills or the Great Pacific Garbage Patch, they also end up in our bodies. EPA’s recently released National Strategy to Prevent Plastic Pollution presents a 10-year vision of opportunities for governments, businesses, and consumers to reduce plastic waste. The multi-pronged approach begins with evaluating petrochemical and plastic production facilities, moves on to material and product design, and culminates with capturing and removing plastic from our waterways. This plastics management strategy is just the next step in expanding the nation’s circular economy.
No MACT backsliding
For decades since its 1990 inception, the CAA air toxics program held that once a source was considered “major” for a specific MACT standard, it was always major for that standard. However, EPA’s interpretation of this policy changed in 2020 when it finalized a rule allowing major MACT sources to transition to area source standards if reducing their potential-to-emit (PTE) hazardous air pollutants. To prevent backsliding and potential emission increases, EPA has recently finalized a new rule requiring sources at more than two dozen source categories to maintain MACT compliance, even if reducing PTE. READ MORE
Peanut shells as fuel?
Part 241’s nonhazardous secondary material regulations create an interface between RCRA and the CAA. Combusted materials are typically solid waste unless they meet specific criteria in Part 241 and would, in such circumstances, be considered fuel. For clean cellulosic biomass, like peanut shells, this determination may not always be so cut and dry. The latest guidance from EPA’s Office of Resource Conservation and Recovery clarifies the regulatory status of this material stream. These determinations are used to classify units under CAA as boilers, which burn fuel, versus incinerators, which burn solid waste. READ MORE
HFC rule partly vacated
Authorized by the 2020 American Innovation and Manufacturing Act, EPA’s 2021 Allocation Framework Rule established a series of mechanisms to prevent the illegal production, import, and sale of illegal hydrofluorocarbons (HFCs). [86 FR 55116] However, in Heating, Air Conditioning & Refrigeration Distributors Int’l vs. EPA (U.S. Court of Appeals, D.C. Circuit; Docket No. 21-1251; June 20, 2023), the courts decided EPA lacked the authority to finalize certain provisions. Consequently, the agency removed regulations that prohibited using disposable cylinders and implemented a cylinder tracking system from Part 84, Subpart A, effective September 11, 2024. [89 FR 73589]
Oil/natural gas face limited legal defense
In the next step to removing affirmative defense provisions from NSPS and NESHAP regulations, EPA pulled the plug on this legal defense from Part 63, Subparts HH and HHH. [89 FR 84291] Affirmative defense allows a source to avoid civil penalties during judicial or administrative proceedings, typically applying within the context of a malfunction resulting in excess emissions. However, the courts found such a mechanism not to be within the authority of EPA but rather the courts. [NRDC vs. EPA; U.S. Court of Appeals, D.C. Circuit; Docket No. 10-1371; April 18, 2014] Effective October 22, 2024, affirmative defense no longer applies to the oil and natural gas production NESHAP and the natural gas transmission and storage NESHAP. In other words, emission standards apply at all times.
Best battery practices
While industrial facilities may manage batteries under the universal waste program, these provisions are not always appropriate for individuals. Through 2025, EPA is hosting a series of webinars to inform the development of voluntary guidelines for battery labeling and best practices for state, Tribal, and local governments to collect end-of-life batteries for recycling. The agency encourages battery and battery-containing device manufacturers, retailers, battery recyclers, and government agencies to register and participate in the upcoming meetings. Information on previous working sessions is also available.
Resilient structures minimize debris
Natural disasters and extreme climate events pose significant risks to human health and the environment and burden communities, waste management facilities, and transporters. The generated debris is often disposed of in landfills, even when it could be safely reused, recycled, or composted. EPA’s Creating Disaster-Resilient Buildings to Minimize Disaster Debris provides practical actions for communities on planning, designing, improving, and adapting new and existing buildings to withstand natural disasters today and in a changing climate. Resilient communities generate significantly less debris during and after a natural disaster, recover faster, and encourage residents and businesses to stay in the area as normal operations resume sooner.
No heat for ICE amendments
Effective August 30, 2024, EPA’s latest CAA rule for internal combustion engines (ICE) makes three small but important changes. [89 FR 70505] First, for Part 60, Subpart IIII, Table 4 documenting the emissions standards for stationary fire pump engines was revised to indicate the carbon monoxide standard applies to all applicable engines. Second, for Part 63, Subpart ZZZZ, “annually” was redefined to state “within 1 year + 30 days” of the previous change/inspection for oil changes and equipment inspections. Finally, for Part 60, Subparts IIII and JJJJ, and Part 63, Subpart ZZZZ, initial notifications of compliance, notifications of compliance status, and annual/semiannual compliance reports must be submitted electronically via the Compliance and Emissions Data Reporting Interface accessible via EPA’s Central Data Exchange.
e-Waste Basel requirements
The Basel Convention, which the United States has not ratified, is an international treaty designed to reduce the transportation of hazardous waste from developed to less developed countries. New requirements under this treaty take effect January 1, 2025, limiting the market for U.S. electronic waste. On October 30, 2024, EPA will host two webinars on new international requirements for imports and exports of e-wastes. Registration is required for each webinar—the first is for the regulated community, and the second is for state and local governments.