Subject/Topic |
Some Major Changes in the Rules |
Hazardous Waste Identification |
- New scrap metal exclusions.
Adopted new federal exclusions for "processed scrap metal," "unprocessed home scrap metal," "unprocessed prompt scrap metal," and "shredded circuit boards," as those terms are defined in the regulations. 40 CFR 261.1(c)(9) - (12), 261.2(c), 261.4(a)(13) & (14), & 261.6(a)(3)(ii)
- Speculative accumulation.
Revised the provision that imposes hazardous waste requirements on recyclable materials that are accumulated speculatively in order to clarify that: (1) the provision only applies to materials that are exempt from the definition of solid waste, and to precious metal recyclables regulated under 40 CFR 266 Subpart F; (2) the provision does not apply to materials accumulating in units that are exempt under 40 CFR 261.4(c); and, (3) the provision ceases to apply at the time that the materials are removed from storage for recycling. 101(a)(2)(B)
- Comparable fuels/syngas.
DEEP did not adopt a federal exemption from the definition of solid waste for comparable fuels and synthetic gas fuels. 101(a)(1)(B) & (F)
- New listed wastes. Adopted federal rules adding several new listed hazardous wastes (K169 – K172, K174, and K175), along with some exemptions from the definition of solid waste that were associated with these new wastes. 40 CFR 261.3(a)(2)(iv)(C), 261.3(c)(2)(ii)(B) & (E), 261.4(a)(12), (a)(18), & (a)(19), 261.4(b)(15), 261.6(a)(3)(iv), 261.31(a) (waste code F037), 261.32, 261 Appendix VII, 266.100(c)(3), 268.35, 268.40; 101(a)(2)(EE), (GG), (HH), 106(d), 108(a)(2)(V), 108(a)(2)(BB), 108(a)(2)(DD)
- Kraft mills. Adopted a federal exemption from the definition of solid waste for condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with Clean Air Act regulations, and that are burned at the mill generating the condensates. 40 CFR 261.4(a)(15); 101(a)(2)(J)
- Wood preserving. Adopted federal changes to the exemption from the definition of solid waste for wood preserving solutions and wastewaters. 40 CFR 261.4(a)(9)(iii)
- Mineral processing. Adopted a federal change to the definition of solid waste that excludes mineral processing wastes which are recycled and meet certain management standards. 40 CFR 261.2(c)(3), 261.3(a)(2)(i), & 261.4(a)(17); 101(a)(2)(K), (L), (M), & (N) Also adopted changes to the federal "Bevill" exclusions concerning residues derived from the co-processing of mineral processing secondary materials with normal ore/mineral feedstocks. 40 CFR 261.4(b)(7)(iii)
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Small Quantity Generators (SQGs) |
- Generator closure.
SQGs must perform generator closure within the timeframes specified in 40 CFR 265.113(a) – (c). 102(c)
- Biennial reports.
SQGs are no longer required to file biennial reports, although they must retain any past reports for at least three years. 102(a)(2)(EE) |
Large Quantity Generators (LQGs) |
- Air emissions.
Adopted federal regulations that control organic air emissions from certain tanks, containers, and surface impoundments (i.e., 40 CFR 265, subpart CC). These regulations apply to large quantity generators storing hazardous waste in tanks or containers for less than 90 days. For more information on these regulations, see the section below entitled "Air Emissions Standards for Tanks, Containers and Surface Impoundments." 40 CFR 262.34(a)(1)(i) & (ii), 40 CFR 265 subpart CC
- F006 sludges.
Adopted a federal rule allowing LQGs that generate F006 wastewater treatment sludges from metal finishing operations to store them for 180 days, provided they are being sent off-site for metals recovery, and provided certain other conditions are met (the rule allows 270 days if the recovery facility is more than 200 miles away). 40 CFR 262.34(g), (h), & (i); 102(a)(1)(B), & 102(a)(2)(D), (L) & (R) – (Z)
- Tanks.
Corrected an error in the 10/31/01 state regulations regarding LQG tank requirements. As a result of this correction, LQGs must comply with 40 CFR 265.200, but are not required to comply with 40 CFR 265.197(c). 102(a)(2)(F)
- Generator closure.
LQGs must perform generator closure within the timeframes specified in 40 CFR 265.113(a) – (c). 102(a)(2)(K)
- Internal references moved.
Relocated provisions requiring LQGs to comply with 40 CFR 265.111 and 265.114 (generator closure) and 40 CFR 265.17 (general requirements for ignitable, reactive and incompatible wastes). 102(a)(2)(D) & (K)
- Containment buildings.
LQGs that operate containment buildings must have the required PE certification prior to operation. LQGs must retain this documentation on-site until final closure, and make it available for inspection upon request. 102(a)(2)(H) |
Storage Requirements |
- "Sufficiently impervious" defined.
Added a definition for the term "sufficiently impervious" as it is used in hazardous waste and used oil secondary containment requirements. 100(c)(31)
- Containment buildings.
Corrected a typographical error in the containment building requirements in 40 CFR 265.1100(d) (i.e., "prevent" instead of "permit"). 105(a)(2)(XXXXX) |
Universal Waste |
- Used electronics.
Used electronics were added as a state-only category of universal waste. Special management standards were created for large and small quantity handlers, transporters, and destination facilities managing used electronics. 100(c)(33), 100(c)(34), 101(a)(2)(BB) & (CC), 102(a)(2)(B), 104(a)(2)(B) - (D), 105(a)(2)(B) - (D), 108(a)(2)(B) & (C), 110(a)(2)(C) – (E), 113(a)(2)(A) & (B), 113(a)(2)(O), 113(a)(2)(Y) & (Z), 113(a)(2)(CC), 113(b) - (f)
- Limited processing allowed for small quantity handlers of used electronics.
Small quantity handlers of used electronics may perform certain disassembly or de-manufacturing activities without triggering destination facility or permitting requirements, as long as they do not shred, crush, or otherwise treat the waste, or break the cathode ray tubes. However, large quantity handlers may not perform these activities without a permit. 100(c)(12), 113(a)(2)(E), 113(c)(1)(D), 113(d)(1)(D)
- Status of inadvertent breakage.
Clarified that when there is inadvertent breakage of small quantities of universal waste (including during transportation), the waste may continue to be managed as a universal waste, and does not have to be managed under hazardous waste requirements. 113(a)(2)(K) & (V)
- Lamps – containerization of breakage.
All lamps with evidence of breakage, leakage, or damage must be placed in a container. 113(a)(2)(H) & (S)
- Former lamp language removed.
Former section 113(b) in the 10/31/01 state regulations concerning universal waste lamps was removed, since the federal regulations that are now incorporated include them as a universal waste category.
- Non-hazardous universal waste.
Clarified that non-hazardous universal waste must be managed under applicable solid waste regulations. 113(a)(2)(M), (X) & (BB)
- Universal wastes not managed in accordance with universal waste requirements
are subject to full hazardous waste regulation. 113(a)(2)(C)
- Commissioner may add new universal wastes.
Clarified that the Commissioner may add new universal wastes under his/her rulemaking authority. 113(a)(2)(DD)
- Containers of universal waste thermostats and universal waste lamps
must be capable of preventing releases. 113(a)(2)(F), (G), (H), (Q), (R) & (S)
- Non-hazardous mercury lamps.
The regulations for such lamps were changed to: (1) correct typographical errors in the 10/31/01 state regulations; (2) be consistent with changes made in section 113 of the state regulations concerning the universal waste requirements for lamps; and (3) clarify that destination facilities must comply with all applicable sections of the Connecticut General Statutes. 209-17
- The term "pesticide"
was defined in order to clarify certain references to federal law, and to limit applicability of the term to the Universal Waste Rule. 100(c)(23) |
Lead-Acid Batteries |
- Merging of state and federal requirements.
The federal requirements in 40 CFR 266.80 were consolidated into state section 106(c), and batteries being regenerated were made subject to certain state requirements. 106(a)(1)(A), & 106(c)(1) – (4)
- Disposal is fully regulated.
Clarified that persons disposing of batteries are subject to full regulation, rather than the requirements of state section 106(c). 106(c)(5) |
Used Oil |
- PCBs.
Clarified that facilities that burn used oil are subject to federal PCB requirements (not just those that market used oil). 119(a)(2)(F)
- Burner rules.
Corrected a typographical error in the federal rules (i.e. "existing" vs. "new" tanks in the section heading in 40 CFR 279.64(e)). 119(a)(2)(NNN) |
Military Munitions |
- Military Munitions Rule not adopted.
DEEP did not adopt most of this rule, which defines when military munitions become solid waste, and provides a special set of regulatory requirements for the management of such wastes. However, DEEP did adopt one provision relating to response procedures in the event that such munitions should land off-range, as well as several provisions requiring the documentation of such events. 101(a)(1)(A), 103(a)(1)(A), 104(a)(1)(D) & (W), 104(a)(2)(G), 105(a)(1)(C) & (W), 105(a)(2)(H), 106(a)(1)(D), 106(e), & 110(a)(1)(M) |
Disposal of Liquid Wastes in Landfills |
- Use of sorbents.
DEEP did not adopt federal provisions at 40 CFR 264.314(e) and 265.314(f) allowing wastes with free liquids to be treated with non-biodegradable sorbents and disposed in landfills. Similar provisions at 40 CFR 264.316(b) and 265.316(b) concerning lab packs were modified to require the use of non-biodegradable sorbents, and to clarify which sorbents are deemed non-biodegradable. 104(a)(1)(S), 104(a)(2)(F) & (GG); 105(a)(1)(R), 105(a)(2)(F) & (MM) |
Manifest Requirements |
- Adopted a federal exemption from manifesting requirements
for hazardous wastes that are transported on roads that are within or along the border of contiguous properties under the control of the same person. However, DEEP did not adopt the federal exemption from hazardous waste labeling requirements for these wastes, limited the exemption only to the generator of the waste, and required cleanup of all releases occurring during transport. 40 CFR 262.20(f); 102(a)(2)(C) & 103(a)(2)(A) |
Land Disposal Restrictions (LDRs) |
- Updated state rules
to be consistent with federal changes through January 1, 2001. 100(c)(5), 108
- Adopted the federal LDR Phase III Rules
, which created and amended numerous LDR treatment standards, removed language that was no longer needed, and otherwise cleaned up the text of the LDR rules. 40 CFR 268.1(e)(4), 268.2, 268.3, 268.7, 268.9, 268.39, 268.40, 268.42, 268.44(a), 268.48, & 268 Appendix XI
- Adopted the federal LDR Phase IV Rules
, which: (1) created and amended numerous LDR treatment standards; (2) streamlined lab pack notification requirements; (3) removed the requirement for generators treating waste on-site to submit a waste analysis plan (only need to retain on-site); (4) changed the record retention requirement from five to three years; (5) allowed treatment facilities to send a one-time notification and certification to the receiving facility; (6) clarified the exemption for de minimis losses of characteristic waste to wastewaters; (7) established LDR treatment standards for TCLP metal wastes and characteristic mineral processing wastes (including manufactured gas plant, or "MGP" wastes); (8) created an alternative set of LDR standards for hazardous soils; (9) made several technical corrections to the language of the rule and removed language that was no longer needed; and, (10) clarified the regulatory status of boiler cleanout wastes and the tanks used to store them. 40 CFR 268.1(e), 268.2, 268.3(d), 268.4(a)(2)(ii), 268.7, 268.9(d)(2), 268.30, 268.34, 268.40, 268.42, 268.44(h)(3) & (4), 268.45, 268.48, 268.49, & 268 Appendices VI and VII
- Adopted a federal temporary deferral of Phase IV LDR standards
for PCBs in soils that are hazardous for TCLP metals. 40 CFR 268.32, 268.48(a), 268.49(d), & 268 Appendix III; 108(a)(2)(V), 108(a)(2)(DD), 108(a)(2)(EE), 108(a)(2)(FF)
- Adopted a federal stay of Phase IV LDR standards
for TCLP metals for hazardous wastes that are recycled to make zinc micronutrient fertilizers. 40 CFR 268.40(i)
- Treatment variances.
Adopted a federal rule clarifying the standards for treatment variances, and reinstated language that had been unintentionally omitted by EPA. State changes to this rule clarified public notice procedures. 40 CFR 268.44, 108(a)(2)(CC)
- Carbamate wastes.
Adopted revised treatment standards and universal treatment standards for several carbamate wastes. 40 CFR 268.40(j)
- Soils.
Clarified that generators of soil that is determined to no longer contain listed waste or that is de-characterized must retain appropriate documentation. 108(a)(2)(U)
- Other state requirements apply.
Clarified that, in addition to the LDRs, handlers must also comply with other applicable state requirements (e.g., the state’s Remediation Standard Regulations). 108(c) |
Hazardous Waste Imports & Exports |
- Adopted new federal rules
that modified existing export requirements and established new import/export requirements for hazardous wastes sent for recovery within the OECD group of nations. 40 CFR 261.6(a)(5), 262.10(d), 262.53(b), .56(b), & .58, 262 subpart H, 263.10(d), 263.20(a), 264/265.12(a)(2), 264/265.71(d), 266.70(b)(3), 273.20, 273.40, 273.56, 273.70 |