ISCD Updates HazWaste Top Screen FAQ – 10-10-19

Today the DHS Infrastructure Security Compliance Division (ISCD) published an updated response to FAQ #1398 on the CFATS Knowledge Center.

• FAQ #1398 Are Chemicals of Interest (COI) in hazardous waste to be counted towards a Screening Threshold Quantity (STQ)?

The response is the same as the earlier version, except that it now provides a link to additional EPA guidance on whether a waste falls within the parameters of 40 CFR 261.33. Such wastes containing DHS chemicals of interest would be included in Screening Threshold Quantity calculations, even if they were P- and U-code listed wastes.

EPA Sends Hazwaste Electronic Manifest Final Rule to OMB

On Saturday, the Environmental Protection Agency sent the final rule for the implementation of the Hazardous Waste Electronic Manifest rule to the OMB’s Office of Information and Regulatory Affairs (OIRA) for approval. This bill implements the fee setting and implementation date requirements of the Hazardous Waste Electronic Manifest Establishment Act (PL 112-195).

Commentary

With the Trump Administration’s concern about the ‘cost of regulation’ and how it effects business, it will be interesting to see how this final rule is being implemented. The congressional requirements for establishing the fund {42 USC 6939g(c)} are fairly comprehensive, leaving little room for fee reductions. There were no small business exceptions provided for in the authorizing legislation.

Since the authorizing legislation was written in 2012, there are no specific provisions requiring any cybersecurity protections of the E-Manifest system. Cybersecurity just was not on the Congressional radar at that point. It will be interesting to see if there are any attempts by the EPA to address such issues in this regulation.

CFATS Knowledge Center Update – 07-16-13

Today the folks at DHS Infrastructure Security Compliance Division (ISCD) updated their CFATS Knowledge Center web site. They revised and expanded the response to one of their frequently asked questions (FAQ). The question (#1398) deals with whether or not DHS chemicals of interest (COI) in hazardous waste need to be counted when figuring screening threshold quantities for Top Screens.

The old response to this was fairly straight forward. Generally COI in hazardous waste are not counted for STQ calculations. The exception involves P and U code wastes described in 40 CFR §261.33; generally wastes that are off-spec products.

The new response published today continues that requirement, but provides additional information to aid facilities in determining the status of COI in their waste streams. ISCD provides three rules that define covered wastes and two rules that explain non-covered waste.

The three defining rules are:

• The listed waste is a discarded commercial chemical product or a manufactured chemical intermediate.

• The listed waste consists of the commercially pure grade of the chemical, or any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient.

• The listed waste was discarded unused.

The two exclusionary rules are:

• Treatment residues derived from the treatment of the P- or U-listed waste; or 

• Contaminated media containing the P- or U-listed waste.

The response provides a link to an EPA document, Hazardous Waste Listings, that discusses the different EPA waste classes. That document describes P- and U- listed wastes as (pg 6):

“The P list and the U list (discarded commercial chemical products) - These two lists are similar in that both list as hazardous certain commercial chemical products when they are discarded or intended to be discarded. These listings consist of commercial chemical products having the generic names listed, off-specification species, container residues, and spill residues. The difference is that the chemicals on the P list are identified as acute hazardous wastes and those on the U list are identified as toxic wastes. Some chemicals on both lists may also be designated to have other properties. Wastes included on the P and U lists can be found in the regulations at 40 CFR § 261.33.”

It would have been helpful if the response had also provided a link to 40 CFR § 261.33 since that section provides a list of specific P- code and U- code wastes.