Hazardous waste treatment & storage; get ready for the state's new tiered system!

If you treat or store hazardous wastes of any kind, you know how difficult it has been to figure out and comply with state regulations. The California Legislature has therefore introduced important changes to reduce the time and expense involved in dealing with hazardous wastes. This may be good news in the long run. But it also means that you must have taken responsive action to reapply for the new "tiered" permits -- even if you already have a "final" permit by rule -- since the deadline for the revised tiered program was April 1, 1993.

In addition, virtually any business that handles hazardous waste will need to read the most recent legislation very carefully. There are many new twists, and many businesses will no longer fit in categories which were previously appropriate. Companies who treat hazardous waste, for example, yet who are not required to obtain a RCRA permit under federal law, may still be affected by the state requirements. So it is imperative that businesses learn about the new regulations, and redetermine whether they are liable for compliance.

Are You at Risk?

Here are a few rules of thumb to test whether your business is affected by the new legislation, AB 1772. If you treat any type of hazardous waste, meaning that you do something to change a hazardous waste after it has been generated, you must comply. Treatment can be as simple as filtering used solvents, mixing waste resins to cure them. Or it can be as complex as removing the toxic metals from unusable plating solutions. If your business requires a RCRA hazardous waste facility permit, you must comply with the federal regulations. For more information on RCRA permits, call the United States EPA's RCRA/Superfund Industry Assistance Hotline at [phone].

The Tiered Approach

At a glance, the new permitting rules have created a five-tiered program for authorizing treatment and/or storage of hazardous wastes. Businesses that operate multiple treatment units may opt to use different tiers for different units. In descending order of regulatory burden, the tiers are:

"Full" permit (federal equivalent) which includes all facilities required to obtain a treatment, storage, or disposal permit under federal law, as well as state-regulated land disposal and incineration facilities. This tier demands a considerable amount of document preparation and review, substantial fees, and other measures. It is unchanged by the new legislation.

"Standardized" permit applies to many offsite treatment or storage facilities, such as precious metals recycling plants. It features a "fill in the blank" format, with certifications as to compliance with regulatory standards and guidance for preparing additional submittals. Notification for inclusion in this tier is due by April 1, and interim status may be granted until March 1, 1995 to eligible facilities. Facilities must comply, however, with interim status requirements in the meantime. Workshops will be held with affected businesses before final regulations are adopted. Groups interested in standardized permits should contact the Department of Toxic Substances Control right away to receive all necessary information.

"Permit by rule" (PBR) applies to generators or transportable treatment units (TTUs) conducting onsite treatment of wastestreams who are currently eligible for PBR, and who are not conditionally exempt or conditionally authorized. It is designed to handle the more hazardous and higher volume wastestreams and processes. A Phase 1 Environmental Assessment is required by January 1, 1995. Disclosure statements and public notice requirements have been dropped, and financial assurance for liability and closure have been delayed. An annual notification fee is charged.

"Conditional authorization" is for generators or TTUs of onsite treatment using technologies and wastestreams included in the PBR program and meeting specific conditions. For example, most wastestreams cannot exceed 5,000 gallons or 45,000 pounds per month. An Environmental Assessment is due January 1, 1995, and liability insurance, public notice, and disclosure statements are not required. An annual fee is charged.

"Conditional exemption" affects businesses who treat small quantities of specific hazardous wastestreams using specified technologies. This means treating less than 500 pounds or 55 gallons of PBR wastes, treating less than 500 gallons of photographic silver, or separating less than 25 barrels of oil from water in any calendar month. Other activities that are conditionally exempt, regardless of volume, are treating resins, crushing containers, processing special wastes, demineralizer regeneration, food processing wastes, neutralizing gravity settling, and certain certified and educational lab activities.

Time Is Of the Essence 

The new regulation, AB 1772, went into effect January 1, 1993. All eligible facilities must have notified the Department of Toxic Substances Control by April 1, 1993, that they are treating hazardous waste under one of the tiers. Businesses who have filed an initial notification under the current permit by rule system (PBR) did not need to submit documentation until April 1, 1993. Application dates for standardized permits will be established later. You may or may not have already received notification of the new requirements. To obtain a copy of AB 1772, call the Legislative Bill Room in the State Capitol at [phone].

Impact of the New Bill

One significant impact of AB 1772 is that it exempts conditionally authorized and conditionally exempt hazardous waste generators from financial assurance requirements for liability, and extends the deadline for obtaining liability financial assurance for generators operating under PBR to January 1, 1994.

In addition, conditionally exempt generators are not required to perform corrective action. A Phase 1 Environmental Assessment must be completed by PBR facilities and conditionally authorized generators, and must be sent to the Department on or before January 1, 1995. PBR, conditionally authorized, and conditionally exempt facilities must be inspected by either the Department or a local agency within two years of inclusion in the tier, and must be inspected every two years thereafter. Businesses who store hazardous waste offsite can apply for a standardized permit. No changes were made to the law regarding onsite storage.

What Does It Cost?

Conditionally exempt facilities pay $100 for the first year and $50 for each following year. Conditionally authorized facilities and PBRs pay $1,140 per year, plus an annual inflation adjustment after mid-1993. Standardized and fully permitted businesses pay activity and facility fees that vary by size and type of operation.

John Netherwood is Regulatory Manager with Hart Crowser in Long Beach, California.