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Introduction
Welcome to our fourth edition of the Hazardous Waste Newsletter from the Montana DEQ Hazardous Waste Program. In this publication, we hope to provide program updates, spotlight new or commonly missed regulations, and let you get to know our staff. Please feel free to contact us anytime with questions or comments!
-Denise Kirkpatrick, Section Supervisor
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Acronyms and Definitions
LQG - Large Quantity Generator: Hazardous Waste Generators that generate greater than 2,200 pounds of hazardous waste or greater than 2.2 pounds of acute hazardous waste in a calendar month
SQG - Small Quantity Generator: Hazardous waste generators that generate between 220 and 2,200 pounds of hazardous waste in calendar month
Check out our website for more detail on generator categories! ------->
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VSQG - Very Small Quantity Generator: Hazardous waste generators that generate less than 220 pounds of hazardous waste in a calendar month
CFR - Code of Federal Regulations. Hazardous waste regulations are found at 40 CFR 260-279. Montana incorporates the federal regulations by reference in the ARM.
ARM - Administrative Rules of Montana. Hazardous waste rules can be found at rule chapter 17.53.
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Note: DEQ incorporates by reference the Code of Federal Regulations (CFR) in the Administrative Rules of Montana (ARM). For ease of reading, we are not noting the ARM citations in this newsletter. Please call or email us if you have any questions. |
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What's Up
Changes to how final manifests are delivered!
On July 26, 2024, the EPA published into the Federal Register the Third e-Manifest Rule. This rule amends certain aspects of the hazardous waste manifest regulations under the Resource Conservation and Recovery Act (RCRA), specifically about the e-Manifest system. The EPA aims to modernize and streamline the manifest process, increasing expected benefits of the e-Manifest system, and encourage further adoption of electronic manifests through increased utility of the system. Full details for the Third e-Manifest Rule can be found here: https://www.epa.gov/e-manifest/final-rule-integrating-e-manifest-exports-and-other-manifest-related-reports-pcb.
One component of the rule is the removal of the requirement for receiving facilities to return final, signed manifest copies by mail to small and large quantity generators of hazardous waste (SQG and LQG). Due to the removal of this requirement, all SQGs and LQGs are required to register for access to the e-Manifest system to obtain their final signed manifest copies. At least one user from each facility will need “Certifier” or “Site Manager” permissions in the e-Manifest system. The EPA highly recommends that each facility has two registered users. Very Small Quantity Generators (VSQGs) are exempt from this new requirement. This component of the rule is effective on January 22, 2025.
Guidance concerning the e-Manifest system and instructions on how to register can be found here: https://www.epa.gov/e-manifest.
It's almost that time of year again - annual reporting!
All generators that were registered as a large or small quantity generator or had an Episodic Event in 2024 are required to submit a report of hazardous waste activities each year. Forms and instructions will be emailed to the site contacts listed in our database in early January and completed forms are due back by March 1.
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Regulatory Spotlight
Evaporators and Hazardous Waste
It may seem advantageous to remove excess water weight from your facility’s waste stream using evaporation, but there are a few considerations that must be made first to ensure that your evaporation is lawful.
According to 40 Code of Federal Regulations (CFR) 260.10 the word “treatment” means: “[A]ny method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.” This definition has two parts: (1) does the activity change the properties of the hazardous waste, and (2) is the change for one of the six reasons provided? Most importantly, this definition specifically refers to hazardous waste, and the treatment of hazardous waste without a permit is unlawful under the Montana Hazardous Waste Act.
There is an exemption for evaporator systems that meet the definition in 40 CFR 260.10 of a “totally enclosed treatment facility” which means “[A] facility for the treatment of hazardous waste which is directly connected to an industrial production process, and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment.” A thermal evaporator that releases the water vapor it removes from hazardous waste directly to the atmosphere; however, would not meet the definition of a totally enclosed treatment facility.
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There is a second exemption for evaporator systems that meet the definition in 40 CFR 260.10 of a “wastewater treatment unit” which “(1) Is part of a wastewater treatment facility that is subject to regulation under either Section 402 or 307(b) of the Clean Water Act; and (2) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in 40 CFR 261.3 of this chapter, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in 40 CFR 261.3 of this chapter, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in 40 CFR 261.3 of this chapter; and (3) Meets the definition of tank or tank system in 40 CFR 260.10 of this chapter.”
Treatment in 90/180/270-day accumulation units does not include an exemption for evaporation because it relies on either the container to be open or thermal treatment. 40 CFR 262.16(b)(2)(iii)(A) and 40 CFR 262.17(a)(1)(iv) requires containers to always be closed except when it is necessary to add or remove waste. 40 CFR Part 264, Subpart X and 40 CFR Part 265, Subpart P requires a permit to perform thermal treatment of hazardous waste.
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If your facility is interested in evaporation of a waste stream, a hazardous waste determination needs to be made immediately prior to its introduction to an evaporator system, pursuant to 40 CFR 262.11. All results/concentrates removed from evaporators are also subject to hazardous waste determination and appropriate management. If your facility determines that the waste stream is hazardous, and you are unable to meet the exemptions, evaporation is considered treatment, and treatment without a permit is unlawful. If your facility determines that the waste stream is non-hazardous, evaporation may be a viable option; however, all results/concentrates removed from evaporators are still subject to hazardous waste determination and appropriate management.
Please contact us if you have more questions about evaporation.
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Get to Know Our Staff
Denise Kirkpatrick has been the Hazardous Materials Section Supervisor since September 2022. Previously, Denise worked as an environmental science specialist in DEQ’s Hazardous Waste Program and Air Quality Bureau.
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Denise moved to Montana with a fanciful plan to learn about ranching. After mastering the use of a shovel as a stable hand, she was happy to graduate from Montana Tech in Butte, Montana, with a Bachelor of Science in Environmental Engineering. Denise enjoys exploring Montana and is an avid bird watcher.
Her contact information is dkirkpatrick@mt.gov or (406) 444-3983.
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By the Numbers...
As of November 14:
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Important Dates to Remember
- January 2 - Annual Report Forms and Instructions to be E-Mailed
- January 22 – Paper manifests will no longer be returned to generators. Sites must be registered with e-Manifest/RCRA Info to receive the final copies (See What's Up section above).
- March 1 - Annual Reports Due to DEQ
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