Review Articles

Attendees and raptors!

Our last seminar just concluded and we appreciate all those who made the trek to Denver. Team McCoy enjoyed providing your RCRA training--and the Food & Feathers event--in our hometown.

And a special thank you to those who shared your Wednesday evening with us. It was a magical time with the HawkQuest team and guest raptors: bald eagle, peregrine falcon, barn owl, and the amazing desert raptor, the Harris hawk. Who could forget the stories of Mr. Kin Quitugua, master falconer, hunter, and environmental educator, as he flew the Harris hawk down the hall lined with our attendees and team!

We’ll be adding photos here, so if you have some you’d like to share, please email them to hello@mccoyseminars.com.

Harris Hawk Flight
Photos of the birds

Solvent-contaminated wipe questions, answered

The McCoy team discusses solvent-contaminated wipes in nearly every seminar we hold. Afterward, there is usually a flurry of hands raised into the air requesting additional clarification on how to manage this ubiquitous waste stream. If it has been a while since you have been to one of our seminars, check out EPA’s FAQs database on the solvent-contaminated wipes rule. There might just be some tasty nuggets in there to help put your mind at ease. READ MORE

RCRA FAQ database at your fingertips

EPA guidance on RCRA issues comes from a variety of sources: RCRA Online, OSWER/OLEM directives, Federal Register preambles, policy assessments and more. That is a lot of different sources to navigate. Fortunately, many of the questions addressed in these documents are compiled into the Wastes – Frequent Questions database. One of the best functions of this database is the ability to submit your own question. We’ll show you how. READ MORE

Not all RCRA rules effective in all states

If only all RCRA regs took effect everywhere at the same time…. Since this isn’t the case, you’ll need to know which rules your state has adopted and which it has not. There have been a handful of significant rules promulgated in the past few years, and fortunately there is an easy way to keep track of their state adoption status. Come take a look at these maps to see which rules your facility will need to comply with. READ MORE

e-Manifest system: adapt and adopt

Adoption of the e-manifest system is still lagging, despite being “live” for over a year. Accessibility challenges and lack of functionality are just a couple of factors keeping end-users at bay. To address these concerns and provide solutions, the e-Manifest Advisory Board convened in June and has made their meeting minutes available. The Board thoroughly considered dozens of roadblocks, challenges, and changes, and we invite you to see what is on the table for consideration. READ MORE

Pharma rule coverage and questions clarified

Has your state has adopted the new hazardous waste pharmaceutical rule? What about the less-stringent provision that excludes certain nicotine replacement therapies from the P075 listing? EPA has answered these questions and provided answers to two dozen FAQs on the new hazardous waste pharmaceutical rule. This rule has been in effect for just a few weeks now, but states will be expected to adopt most of the provisions within the next couple of years. Not only are dedicated healthcare facilities subject to the new rule, but so are onsite/co-located health clinics at manufacturing facilities or other businesses. READ MORE

Nuts and bolts of the e-manifest fee increase

To better explain the upcoming e-manifest user fee increase effective October 1, EPA’s Office of Resource Conservation and Recovery released new guidance. In the memo, EPA details how lower-than-expected manifest usage, incorrect user data submissions, the government shutdown, and more have impacted the regulatory-based user fee methodology. Also mentioned is the last day for paper manifest submissions—June 30, 2021. READ MORE

Remanded CCR rule revived

The 2015 coal combustion residual rule has seen a series of court challenges, leaving the current Part 257, Subpart D regs in limbo. To button up some of these issues, EPA is proposing a series of changes affecting everything from environmental site assessments to availability of websites for information. Comments on the proposed changes will be accepted until October 2, 2019. READ MORE

EPA approves ISM for PCBs

Incremental sampling methodology (ISM), sometimes known as Multi-Increment® Sampling (MIS), can be a useful tool for obtaining a representative sample from heterogeneous materials. Developed in the 1990s by the Army Corps of Engineers, ISM is now used outside of military cleanup applications, and can be used for metals, dioxins, VOCs, and other analytes. On August 8, 2019, EPA released a new guidance document for using ISM at PCB-contaminated sites.

Another non-waste fuel identified

An additional fuel has received a non-waste regulatory determination from EPA under Part 241. [RO 14911] The agency determined the nonhazardous secondary material (NHSM) known as “BDF” (biomass-derived fuel) from a particular vendor is a non-waste fuel when burned under certain conditions. For additional background on non-waste fuel determinations, see our previous article.

Cooperative federalism policy finalized

After considering public comment, EPA has finalized their policy on joint planning of compliance assurance and civil enforcement between federal and state governments. [84 FR 34887] The final policy is nearly identical to the draft proposal except for some minor verbiage changes. If you are interested in a quick summary of the draft policy, then read our article from earlier this year.

e-Manifest fees doubling

User fees for submittals to the e-manifest system are set to increase from 60 to 115 percent for the next two years. Taking effect October 1, 2019, the increases are the result of a biennial recalculation of fees considering system costs and use. Based on the 2018 e-manifest fee rule, the two main drivers for the price increase are slower than expected adoption of the e-manifest system and higher than expected operating costs. READ MORE

Weighing solvent wipe options

In some instances, solvent-contaminated wipes may not be managed under the excluded wipes rule. In new guidance, EPA addresses how a facility may use the “under the control of the generator” exclusion (part of the DSW rule) to reclaim solvent-contaminated wipes, even if they are unable to meet all of the provisions of the excluded solvent-contaminated wipes rule. Depending on whether your state has adopted one or both of these rules, you may be able to reduce the volume of hazardous waste generated at your facility. READ MORE

Latest List of Lists

Chemical names are confusing. Often, there are a dozen or more names for a single chemical. If you are used to referring to a certain chemical by one name over another, how would you know you are not missing certain regulatory requirements? Fortunately, EPA has combined chemical names, CAS numbers, and regulatory reporting thresholds in a single, easy to use document—the List of Lists. Find out how to get the latest update in our article. READ MORE

e-Manifest developers: August 26

An in-person developers workshop will be held on Monday, August 26, 2019 in Chicago, IL. The e-manifest development team is looking to engage with industry IT developers in a technical talk on implementing a full-electronic workflow. The event is extremely IT-focused, but all interested generators, transporters, brokers, and receiving facilities are encouraged to attend. READ MORE

A new season of regulations

Just in time for summer, the 2019 spring regulatory agenda has been released. EPA has been busy, and if the schedule can be maintained, there will be some interesting rule changes happening soon. Continuing actions addressing coal combustion residues, and new efforts to promote cleanup of PFAS chemicals, are in the hopper. READ MORE

NCIs extend RCRA air initiative

A new batch of national compliance initiatives reflects EPA’s focus for the next few years. There are four main goals: improving air quality, ensuring safe drinking water, reducing the risk of hazardous chemical releases, and addressing childhood exposure to lead. A summary and explanation of the RCRA air emphasis are included in our article. READ MORE

Chute! Concrete truck washout complications

Approximately 65,000 ready mixed concrete trucks are currently operating in the United States. What are the RCRA implications of managing the washout from one of these trucks? Are we turning a blind eye to a potential problem? READ MORE

Dollars and RCRA sense

If a broker buys a used material from an industrial facility, is it automatically a product that can be managed outside of RCRA? Does the monetary value of a material determine its RCRA status? These are tough questions to which EPA has historically and recently answered “No.” READ MORE

Lithium batteries—the fireworks are over!

Most of us have seen pictures or videos of fires caused from improper packaging of lithium batteries during transportation. DOT and EPA have teamed up to train people on new regulatory requirements to prevent this dangerous situation. They will be offering four free workshops on lithium battery transportation during the next several weeks. READ MORE

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