Pollution Prevention Requirements for Hazardous Waste Generators
- North Carolina General Statues (NCGS) 130A-294 (k) enacted in 1989: "Each person who generates hazardous waste who is required to pay a fee under G.S. 130A-294.1 shall submit to the Department at the time such fees are due, a written description of any program to minimize or reduce the volume and quantity or toxicity of such wastes."
- Federal RCRA Waste Minimization Requirements, adopted in North Carolina Administrative Code (NCAC) 15A 13A - Hazardous Waste Management Rules:
- 40 CFR 262.41 (a)(6) & (7) requires annual description of efforts and achievements to reduce volume and toxicity of waste generated.
- 40 CFR 262.20 Manifest Certification requires the generator to certify that there exists a "program in place" to reduce the volume or toxicity of waste generated to an economically practical degree.
Note: Similar requirements exist for operators of hazardous waste treatment, storage, and disposal facilities.
Compliance Procedures for Large and Small Quantity Generators
Large Quantity Hazardous Waste Generators
Annual Reporting Requirements: Currently, the annual waste minimization reporting requirements are fulfilled through the EPA Hazardous Waste Report that generators submit to the State. This form includes questions on waste minimization assessments, source reduction and recycling activities, quantities of waste managed, and factors that inhibit waste minimization activities.
Waste Inspection Requirements: A large quantity generator is expected to demonstrate during a North Carolina hazardous waste inspection a written waste minimization plan and visual evidence that plan components are being implemented in a "program in place." Generators are encouraged to use EPA's interim final guidance (Federal Register, May 28, 1993) to enhance their program, but they are not currently required to explicitly follow this EPA guidance. The program must be updated annually.
Small Quantity HazardousWaste Generators
Annual Reporting Requirements: North Carolina General Statue 130A - 294 (k) requires that small quantity generators provide an annual written description of any program to minimize or reduce the volume or toxicity of waste. The hazardous waste manifest also contains a certification that the small quantity generator has made a good faith effort to minimize waste (40 CFR 262.20 Manifest Certification). The Small Quantity Generator Annual Reports, which are issued to meet the general statute requirement, are typically required in September or October along with the annual waste fee or $25. These reports contain items on waste minimization strategies, obstacles, and assistance needs.
Pollution Prevention Requirements for Air Quality
NCGS 143-215.108 (g) enacted in 1989 states that "any person who is required to hold a permit under this section shall submit to the Department a written description of current and projected plans to reduce the emission of air contaminants under such permit by source reduction or recycling. The written description shall also accompany the payment of the annual fee. The written descriptions shall accompany any application of a new permit, or for modification of an existing permit, under this section."
In accordance with the NCGS 143-215.108 (g) air quality rules, NCAC 15A 2D 2Q .0304 and .0507 concerning permits, modifications, or permit renewal requires existing facilities to submit a summary of activities related to source reduction and recycling, a quantification of air emissions reduced and material recycled during the previous year, and a summary of plans for further source reduction and recycling; or, for a new facility, the industry must provide a summary of activities related to and plans for source reduction and recycling. (See Permit Application Instruction Form D3-3).
Rule NCAC 15A 2D 2Q .0206 requires air quality permit holders to submit a written description of current and projected plans to reduce air emissions by source reduction and recycling in accordance with G.S. 143-215.108(g) along with the annual permit fee payment. The description shall reflect the same criteria required above in .0304 and .0507.
Pollution Prevention Requirements for Wastewater Discharges
NCGS 143-215.1 (g) states that "Any person who is required to hold a permit under this section shall submit to the Department a written description of current and projected plans to reduce the discharge of waste and pollutant under such permit by source reduction or recycling. The written description shall accompany the payment of the annual permit fee. The written description shall also accompany any application for a new permit, or for modification of an existing permit, under this section. The written description required by this subsection shall not be considered part of a permit application and shall not serve as the basis for the denial of a permit or permit modification."
In accordance with NCGS 143-215.1 (g)), the Industrial Pretreatment Rule NCAC 15 A 2H.0900 authorizes directors of publicly owned treatment works (POTWs) to require Significant Industrial Users (SIUs) to develop a waste reduction plan and implement waste reduction techniques and technologies (Rule 15 A 2H .0916(c)(6)(B)). Rule 15 A 2H.0916(c)(1)(M) requires SIUs to include a description of current and projected waste reduction (pollution prevention) activities in their pretreatment permit applications (see Permit Application Part V, Waste Reduction Information). Rule 15 A 2H .0908(b)(6) requires POTWs to include in the POTW's Pretreatment Annual Report to the N.C. Division of Environmental Management a description of all POTW and SIU waste reduction activities.
Pollution Prevention Requirements for Permits Under NPDES Industrial Stormwater Regulations
Most industries covered under Federal NPDES Industrial Stormwater requirements per 40 CFR Parts, 122, 123, and 124 via a North Carolina General NPDES stormwater permit are required to develop and implement a Stormwater Pollution Prevention Plan (SPPP) within one year of receiving coverage under the General Permit. This SPPP contains five main elements: a site plan, stormwater management plan, a spill prevention and response plan, preventative maintenance and good housekeeping program, and training schedules. The SPPP is not required to be submitted to the State but must be available for review by Division of Environmental Management personnel.
Pollution Prevention Requirements in Toxic Release Inventory (TRI) Reports Under Section 313 SARA
The Pollution Prevention Act of 1990 requires facilities that report a Toxic Release Inventory to provide information on pollution prevention and recycling activities with each EPA Form R annual report. Information on a facility-by-facility basis for each toxic chemical is reported including past, current, and projected quantities of chemicals released, treated, and recycled; source reduction practices; and a production index. Note: Pollution prevention information on TRI forms has been required since 1991.
Waste Reduction Definitions
Pollution Prevention: The Pollution Prevention Advisory Council in October 1994 defined pollution prevention as source reduction and environmentally sound recycling. Environmentally sound recycling includes recycling both on- and off-site and is defined as a recycling process that significantly minimizes the release or discharge of the constituents in the material being recycled.
Waste Minimization: EPA states that the term "Waste Minimization" includes source reduction and environmentally sound recycling. Some activities such as treatment for the purpose of destruction or disposal that closely resemble conventional waste management activities are not considered recycling.
The North Carolina Office of Waste Reduction provides free, non-regulatory technical assistance and education on methods to eliminate, reduce, or recycle wastes before they become pollutants or require disposal. Contact the NC Office of Waste Reduction at 919/715-6500 or E-Mail nowaste@p2pays.org.