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Calling all LQGs/SQGs
The January 22, 2025 deadline for large and small quantity generators to set up an e-manifest account via RCRAInfo has come and gone. Are you in compliance? Approximately 100,000 of you are, but many are not. To see if your site has set up an account and selected someone with site manager capabilities, check out EPA’s RCRAInfo Public Extract. After clicking “Download List” under “e-Manifest Third Rule Compliance Check,” you can view the .csv file to confirm your facility is good to go. But why is an e-Manifest account even necessary? Amongst other things, designated facilities are no longer required to mail a copy of a signed manifest back to generators confirming receipt of a hazardous waste shipment. You need that e-Manifest account to meet your recordkeeping requirements.
CMAS proposal also impacts EtO
EPA proposed amendments to the chemical manufacturing area sources (CMAS) NESHAP on January 22, 2025. [90 FR 7942] New requirements in Part 63, Subpart VVVVVV would include stricter leak detection and repair practices for equipment and heat exchangers, emissions reductions from pressure relief devices and vessels, and periodic performance testing. A new source category for chemical manufacturers that use ethylene oxide (EtO) as a feedstock has also been proposed and would be subject to Subpart VVVVVV. Overall, the proposal is estimated to reduce HAPs by more than 160 tpy and smog-forming VOCs by more than 1,550 tpy. The amendments would affect approximately 280 facilities throughout the country. Comments may be submitted through March 24, 2025 via Docket ID No. EPA-HQ-OAR-2024-0303.
New tech for OB/OD
In January 2025, EPA published the first update to its compendium of open burning and open detonation alternative technologies. Open burning (OB) involves destroying materials through self-sustained combustion, and open detonation (OD) is detonating explosives or munitions with added explosive charges. The alternative technologies are waste and site-specific, and the agency emphasizes that a technology used at one site may not work for another. As such, the compendium allows users to compare waste streams that have been treated or destined for treatment by different alternative technologies. The agency has also set a goal to finalize revisions to standards for the OB/OD of waste explosives by October 2025.
Guardrails for remediation program transfers
In response to a 1999 report from EPA’s Office of Inspector General citing hazardous waste remediation activities inappropriately deferred to CERCLA or the RCRA corrective action program, the agency has published updated guidance on improved procedures for site transfers between the two programs. [RO 14966] This new guidance, which supersedes RO 14960, describes the steps CERCLA/corrective action program managers should take to accurately identify a facility/site’s administrative program management lead, transfer status in real-time, and improve overall program management at the state, regional, and national levels. The guidance does not impact what cleanup activities are conducted or what remediation steps should be taken by affected facilities. Instead, EPA is setting guardrails for regulators to ensure remediation projects do not fall through the cracks.
Regulators, meet your deadlines
State and regional RCRA regulators should ensure the timely submittal of data into RCRAInfo, the national data system for the RCRA hazardous waste program. [RO 14967] RCRAInfo data contributes to implementing and enforcing hazardous waste regulations, tracks program measures, supports emergency responders, and assists regulatory analysis. While EPA’s Office of Resource Conservation and Recovery maintains the functionality of RCRAInfo, submitted data is only as valuable as the accuracy and promptness of what regulators submit as prescribed by RCRAInfo’s Data Element Dictionary.
Summer of RCRA!
Need an office break? Enjoy a change of scenery and elevate your compliance game this summer by joining McCoy’s in-person 5-Day RCRA seminar in Denver, June 9-13, 2025, or Lake Tahoe, August 18-22, 2025. While you’re at it, why not turn it into a vacation and reserve your hotel room with our discounted room rates—call us at 303-526-2674 for more information!
McCoy .VIRTUAL—California style
California’s RCRA and Title 22 regulations are jam packed with complexity! But that doesn’t have to slow you down—understanding how to stay in compliance doesn’t have to feel like a snail race. In this 4-day .VIRTUAL seminar, we’ll break it all down—helping you grasp the regs and how they might apply to your facility. Get back on track and speed things up with McCoy. Join us for the April 14-17, 2025, Cali Title 22-RCRA combo .VIRTUAL seminar today!
.VIRTUAL CAA is live!
No pre-recorded lectures here—this live broadcast of our CAA training dives into the latest regulatory updates in real time. Have a question? Just turn on your mic and have a conversation with our presenters! Join us April 1–3, 2025, and let McCoy guide you through the behemoth known as the Clean Air Act in this .VIRTUAL seminar and protect our most important asset—clean, healthy air.
Refresh on the clock
Ready to take the next step in your RCRA adventure? Join us for McCoy’s .VIRTUAL RCRA Refresher seminar on June 24-25, 2025, where we’ll cover almost all of the 5-Day seminar contents in a fast-paced, two-day event. If you can’t make it in June or prefer in-person seminars, consider joining us in Houston, November 18-19, 2025, for the public “in-person” Refresher. No matter which format you choose, you’ll enjoy the accelerated pace (it’s fast) and walk away a RCRA pro.
McCoy in bloom
RCRA is complex and, let’s be honest, sometimes it feels like you’re running a race. But no worries—McCoy’s 5-Day RCRA .VIRTUAL seminar (happening May 5-9, 2025) is here to make it easier. Skip the stress and join us for five days of training. Whether you’re new to RCRA or you’ve been at it for decades, you'll leave our seminar ready to tackle what comes next. RCRA isn’t simple, but with McCoy, you’ll simply get what you need to stay in compliance.
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.
