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McCoy's RCRA Review

April 2023

Houston, we have a seminar

Rest assured— there's still plenty of seats available at McCoy’s Houston Refresher, May 17-18, 2023, at the South Shore Harbour Resort. Spend two fast-paced days while receiving the “in-person seminar touch” while adding new skills and knowledge to your RCRA arsenal. And yes, we apologize that this year we overlap one day with the TCEQ Environmental Trade Fair and Conference. We won’t make that mistake again! Check out the class agenda and sign up today.


Reassess your recycling

If your facility recycles hazardous secondary materials, it is a good idea to evaluate your operations to ensure your recycling is legitimate, meets the terms of any claimed exclusion or exemption, and satisfies all other qualifying criteria. EPA has updated checklists, tools, and resources available for facilities that are recycling hazardous secondary materials, as well as for regulators monitoring recycling operations.   READ MORE  


RCRA in the Rockies

Enjoy summer in Colorado! For those who love in-person seminars, we’re holding our 5-Day RCRA seminar at the Sheraton Denver West Hotel, June 5-9, 2023. We’ll cover a repeatable method to determine if wastes are hazardous, satellite and 90/180 accumulation, RCRA violations (and how to avoid them) and much more, so take a look at the agenda. Plus, the hotel is super-close to McCoy’s office, so come meet our team and a few feathery residents of Colorado at our Open House…


Food & feathers at our office!

A fun and relaxing event awaits you. We’re holding an Open House on June 7, 2023—immediately following class—on the Wednesday of our Denver 5-Day seminar. It’s a great chance to meet our team, chat with your peers, and enjoy light fare! Last but not least, our feathered friends at HawkQuest will be joining us. See beautiful birds of prey up close. Best of all, HawkQuest will fly a raptor inside of our office. You don’t want to miss it! Register for our Denver seminar today.




PM limits for MCM

The miscellaneous coating manufacturing (MCM) NEHSAP is a safety net of sorts. If equipment used during the manufacturing of paints, inks and resins at a major source is not already subject to another air toxics standard, then it may be subject to the MCM provisions. On February 22, 2023, EPA finalized a risk and technology review of the standard and began regulating metal HAP emissions. Emission standards have now been set for particulate matter as a metal HAP surrogate at both new and existing sources.   READ MORE  


West Virginia’s clean energy future 

After an extensive debate, West Virginia is setting its sights on a clean energy future. The Senate approved a $105 million investment— funding a renewable energy plant focused on building iron-air batteries for the U.S. energy grid. Form Energy focuses on energy storage technology and manufacturing and has developed a battery that is capable of storing electricity for 100 hours and may begin production as soon as 2024.






RCRA permitting priorities

EPA has collaborated with EPA regions, states, and territories to identify, prioritize, and address the issues impacting RCRA permitting as well as hazardous waste management. Through this process the agency has created a list of national RCRA permitting priorities, which are updated every two years. EPA has also completed six priorities from previous years.   READ MORE  


2023 seminar schedule 

McCoy’s full 2023 schedule is available, and all seminars are open for registration. Whether it's RCRA or CAA, virtual or in-person, McCoy has the seminar for you. Each class is provided with physical course materials and is led by two presenters in a live setting. With multiple dates to choose from, sign up as early as the Houston Refresher seminar next month or as late as the Las Vegas 5-Day seminar in December. Learn more about McCoy seminars.


E-manifest blunders

EPA has identified several data quality issues with manifests submitted to the e-manifest system. The agency has seen Inaccurate and missing EPA ID numbers on paper manifests and in the e-manifest system. Also, some generators have used non-approved printing companies leading to invalid manifest tracking numbers. Generator typographical errors, illegible information, and issues with receiving facilities’ digitization processes for paper manifests have led to other discrepancies. More information on the data quality issues and additional resources for generators can be found in EPA’s published compliance advisory.


EPA triples on lead emissions

In the past few months, we have seen numerous rules and strategies for managing lead emissions from EPA. The most recent effort to control lead emissions comes in the form of three final rules for lead-acid battery manufacturers. These sources, potentially subject to both NSPS and NESHAP, are now facing tighter lead emission limits, increased inspections, periodic performance testing, and work practices to control fugitive emissions. As also seen recently, the startup, shutdown, and malfunction exemptions are removed.   READ MORE  


No migration units

A no migration variance (NMV) allows facilities to store and/or dispose of untreated hazardous wastes in land disposal units if the owner/operator can demonstrate that hazardous constituents will not migrate from the unit for as long as the wastes remain hazardous. Facilities can apply for an NMV by following the regulations in §268.6. Some facilities with permitted RCRA landfills asked to use the NMV provisions to store hazardous waste in temporary piles within the permitted landfill while they wait for confirmation that the waste meets the applicable land disposal restrictions treatment standards. New guidance discusses how to demonstrate the treated hazardous waste and constituents will not migrate beyond the temporary waste pile in these situations. [RO 14952, 88 FR 10894] EPA also explains the information requirements for NMVs, including facility descriptions, units covered by the NMV, duration of temporary storage, and monitoring plans.






Potato chip bags to the rescue

Snack bags, once labeled as unrecyclable plastics and doomed for the landfill—now live on as eco-friendly planter pots. The company, Ridwell, partnered with Arqlite, a company with cutting-edge technology and research in sustainable plastics that provides proprietary low-carbon plastic feedstock. Over 30,000 pounds of hard-to-recycle plastics were turned into planters over a two-week period. Each pot is made with an astounding 100 potato chip snack-bags. Learn more about these eco-friendly pots.


MATS still appropriate

On February 15, 2023, EPA reaffirmed it remains appropriate and necessary to regulate HAPs from coal- and oil-fired electric utility steam generating units under the CAA. [88 FR 13956] The agency proposed this reaffirmation of the Mercury and Air Toxics Standards (MATS) in early 2022 as a response to Executive Order 13990, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” [87 FR 7624] With this final action, HAPs such as arsenic, chromium, hydrogen cyanide, and mercury will continue to be regulated under Part 63, Subpart UUUUU. EPA is also working on a review of the Subpart UUUUU 2020 residual risk and technology review (RTR). More information on the RTR and other MATS rulemaking efforts is available via Docket ID No. EPA-HQ-OAR-2018-0794.


PCB cleanups

EPA’s factsheet on PCB Greener Cleanups provides a toolkit on the Greener Cleanups’ best management practices (BMPs) for cleanups, as well as case studies of successful cleanups. Greener Cleanups is a set of established principles for EPA and its partners to evaluate the effectiveness of cleanup operations and reduce the environmental footprint of those operations. The factsheet also contains a list of examples of frequently used BMPs and an overview of the ASTM guide for Greener Cleanups. Additional information on PCBs is available on EPA’s website.


Chipping away at wood preserving/products

EPA promulgated a two-part rule on March 8, 2023, making minor technical corrections for two separate air toxics standards. [88 FR 14280] The first part finalized the technology review for the Part 63, Subpart QQQQQQ wood preserving area source NESHAP. Table 1, Applicability of General Provisions, was reformated; however, no actual changes to Subpart A applicability, nor any work practice standards were made. The second part of the rule removed an outdated reference to OSHA-defined carcinogens in the Part 63, Subpart QQQQ wood building products surface coating major source standard. Replacing the reference is a new Table 7 listing HAPs that must be counted toward organic HAP content if present at 0.1% or more by mass.


2023 Seminars

3-Day CAA Seminars
.VIRTUAL: July 18–20, 2023
.VIRTUAL: October 10–12, 2023

5-Day RCRA Seminars
.VIRTUAL: April 24–28, 2023
Denver: June 5–9, 2023
.VIRTUAL: July 31–August 4, 2023
Lake Tahoe: August 14–18, 2023
.VIRTUAL: September 18–22, 2023
.VIRTUAL: October 30–November 3, 2023
Las Vegas: December 4–8, 2023

2-Day RCRA Refreshers
Houston: May 17–18, 2023
.VIRTUAL: September 6–7, 2023
.VIRTUAL: November 14–15, 2023

Visit to register or call us at 303-526-2674.


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Copyright ©2023 McCoy and Associates, Inc. 12596 West Bayaud Avenue, Suite 210 Lakewood, CO 80228

McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with any guidance provided in RCRA Review. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which such guidance may conflict. Any guidance in RCRA Review is general in nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.

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