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Top Five Common Violations for Underground Storage Tank (UST) Facilities:

The top five common violations for petroleum Underground Storage Tank (UST) facilities in 2016 involved failure to provide leak detection for USTs, failure to have Financial Responsibility, failure to submit notification for USTs to IDEM, failure to maintain proper release detection methods for piping and failure to provide proof of Financial Responsibility. In addition, an UST owner or operator needs to maintain accurate and current records and be able to produce these records upon IDEM request. Following are Indiana Administrative Code (IAC) citations for each requirement and the Indiana Department of Environmental Management’s (IDEM’s) recommendations for avoiding these common environmental violations.

New Definition of Solid Waste (DSW):

The U.S. Environmental Protection Agency (U.S. EPA) published a final rule that went into effect July 13, 2015, which revises several recycling-related provisions associated with the definition of solid waste, which is used to determine hazardous waste regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA).

IDEM Trainings and Certifications:

Vacatur of Portions of RICE NESHAP and NSPS Provisions for Emergency Engines

Owners of emergency use only engines should be aware of a recent court case (2015) that may affect the emergency use only status if they are participating in an emergency demand response program or operate the engine in order to mitigate voltage/frequency fluctuations effective as of May 2016. Guidance on Vacatur of RICE NESHAP and NSPS Provisions for Emergency Engines [PDF].

Solvents in the Workplace

The U.S. Environmental Protection Agency has released a new guidance document, entitled, Solvents in the Workplace – How to Determine If They Are Hazardous Waste [PDF].

Solvents are used in the workplace for many different purposes and once they are spent or left unused and destined to be disposed, making hazardous waste determinations can sometimes be a challenging task. This e-enterprise user-friendly guidance walks through a series of questions and answers that will help a facility determine if it may have generated a hazardous waste solvent. The guidance provides information to assist a facility in recycling or reusing its solvents which could reduce its waste management costs and the nation’s need for virgin materials. Also, at the end of the document, there are a number of questions the EPA has answered through the years involving hazardous waste solvents.

New 2016 Federal Reporting Requirements For Owners of Emergency Engines

Owners of emergency engines with a maximum engine power of more than 100 horsepower (HP), which are operated or contractually obligated to be available more than 15 hours/year for emergency demand response, voltage or frequency deviations, or local reliability (as specified in 40 CFR §63.6640(f), §60.4211(f), and §60.4243(d)), must now submit an annual report to U.S. EPA.

The report, due March 31, 2016, is to be submitted electronically through the Compliance and Emissions Data Reporting Interface (CEDRI), accessed through U.S. EPA’s Central Data Exchange. It must cover the prior year’s operations and include the information specified in 40 CFR §63.6650(h) (for stationary emergency RICEs), §60.4214(d) (for compression ignition engines), or §60.4245(e) (for spark-ignition engines). More information on the report is available on U.S. EPA’s Stationary Internal Combustion Engines page.

Changes Affecting Emergency Planning and Community Right-To-Know Act (SARA Title III) Reporting

Effective July 1, 2015, Senate Bill 484 transferred the responsibility for administering Indiana’s reporting program under Title III of the federal Superfund Amendments and Reauthorization Act of 1986 (SARA Title III) from the Indiana Department of Environmental Management (IDEM) to the Indiana Department of Homeland Security (IDHS). All Hazardous Chemical Inventory/Tier II reports are now due to be submitted to IDHS [PDF], beginning January 1, 2016.

In addition, IDHS has developed Tier 2 Manager, a new online portal designed to act as a unified reporting, notification, and fee payment system. Facilities no longer need submit separate Tier 2 reports to ISDH, the Local Emergency Planning Committee (LEPC), and the local fire department and can pay their Hazardous Chemical Inventory Fee (HC-500) through Tier 2 Manager via credit card or e-check.

IDHS is conducting workshops [PDF] on the new reporting system. Interested parties should RSVP to the appropriate workshop contact.

Management of Contaminated Wipes and Reusable Cloth

On July 3, 2015 the Indiana Department of Environmental Management’s (IDEM) Hazardous Waste Updates, LSA Document #14-288(F) [PDF], rulemaking became effective. This rulemaking incorporates by reference federal revisions to conditionally exclude solvent-contaminated wipes from solid waste requirements if the wipes are cleaned and reused in accordance with 40 CFR 261.4(a)(26) and hazardous waste requirements if the wipes are disposed in accordance with 40 CFR 261.4(b)(18).

As a result of this incorporation by reference of federal revision, Waste-0010-NPD, Management of Contaminated Wipes, has been repealed. In-lieu of Waste-0010-NPD, IDEM has developed the Management of Contaminated Wipes and Reusable Cloth Items [PDF] guidance document.

This document provides hazardous waste generators, handlers, and other interested parties an overview of the federal Solvent Contaminated Wipes Rule, as well as IDEM’s current policy for the management of wipes, gloves, clothing, and cloth items that are contaminated with other hazardous waste. IDEM’s Office of Land Quality (OLQ) Hazardous Waste Resources webpage provides further guidance.

Top Five Underground Storage Tank Inspection Violations

In 2014 the most common Underground Storage Tank (UST) violations involved:

  • Failure to complete operator training.
  • Failure to perform monthly tank leak detection monitoring.
  • Failure to report suspected releases.
  • Failure to meet 1998 requirements for equipment upgrades.
  • Release detection piping.

To learn more about these top five common violations and how to resolve them, please refer to the Indiana Department of Environmental Management’s recommendations.

2015 NetDMR Incentive Available!

The Indiana Department of Environmental Management (IDEM) is offering a new incentive for Indiana certified wastewater operators [PDF] who prepare Discharge Monitoring Reports (DMR), Monthly Monitoring Reports (MMR) or Monthly Reports of Operation (MRO) and have not yet utilized NetDMR. If the NetDMR enrollment process has been completed and a DMR as well as any applicable MMR or MRO has been successfully submitted utilizing NetDMR live/production prior to the effective date of the federal National Pollutant Discharge Elimination System (NPDES) Electronic Reporting rule (anticipated to be by the end of 2015) or by December 31, 2015, whichever comes first, IDEM will grant two technical contact hours toward the renewal of a wastewater operator’s license.

Please note, to gain the two technical contact hours the congratulatory e-mail (e-mail received from IDEM upon successful submittal of DMR along with its corresponding MMR/MRO) must be submitted with the Wastewater Operator/Apprentice Continuing Education Credit Report - State Form 51139 (available on the IDEM Forms page) to IDEM. This incentive is only available once per person per permit.