Final Rule Alert

Up In Smoke

Just a heads-up, for all of you who conduct ignitibility testing of certain wastes, or use SW-846 air sampling and stack emissions Methods 0010, 0011, 0020, 0023A, or 005 for determining ignitibility characteristics. September 8, 2020 will be a day to mark on your calendar, as the Environmental Protection Agency’s (EPA) final rule will go into effect (RIN 2050-AG93). Some other potentially affected groups are as follows:

• Other Electric Power Generation (NAICS code 221118).
• Petroleum Refineries (NAICS code 324110).
• Engineering Services (NAICS code 541330).
• Testing Laboratories (NAICS code 541380).
• Environmental Consulting Services (NAICS code 541620).
• Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology) (NAICS code 541712).
• All Other Support Services (NAICS code 561990).
• Hazardous Waste Treatment and Disposal (NAICS code 562211).

So, what exactly does this mean and what is the EPA doing? Well, the EPA is doing 4 major things:

1. Updating the test methods required for measuring that flash point of a liquid waste when determining if that waste is an ignitable hazardous waste.
2. Codifying existing guidance regarding the definition of aqueous for purposes of 40 CFR 261.21(a)(1)
3. Updating cross references to the Department of Transportation (DOT) regulations and making certain other conforming amendments and technical corrections
4. Adding mercury thermometer alternatives in the air sampling and stack emissions test methods in Test Methods for Evaluating Solid Waste: Physical/Chemical Methods (SW-846); specifically, Methods 0010, 0011, 0020, 0023A, and 0051.

So, there you have it. For those of you affected by this final rule, a more in depth look can be found HERE! Again don’t forget SEPTEMBER 8, 2020 is when this final rule goes into effect.

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