Project XL
For Public Utilities
Amendments Effective September 3, 2005
National Project XL Program
Project XL, which stands for "eXcellence and Leadership", is a national initiative that tests innovative ways of achieving better and more cost-effective public health and environmental protection. The experience and lessons learned from Project XL will assist the United States Environmental Protection Agency (USEPA) in redesigning its current regulatory and policy setting approaches. Project XL encourages testing of cleaner, cheaper, and smarter ways to attain environmental results superior to those achieved under current regulations and policies. Under this initiative, the DEC developed a proposal called "Project XL for Public Utilities" which was submitted to USEPA in May of 1996 and was eventually accepted into the National XL Program.
Project XL for Public Utilities
With significant stakeholder involvement, USEPA and DEC co-developed the Final Project Agreement and the regulations required to implement Project XL for Public Utilities. USEPA's final regulations were promulgated in 1999 while concurrently the DEC was working to promulgate corresponding State regulations. DEC regulations became effective on September 3, 2005.
Traditional Regulatory Approach
Under traditional New York state and federal hazardous waste regulations, public utilities must transport waste generated at remote locations to a permitted treatment, storage and disposal facility(TSDF). Stormwater and sediments collect in manholes and underground vaults. In order to service these, utility companies must first remove the stormwater and sediment. This waste is frequently a hazardous waste (in the case of phone and electric systems, for lead, especially in urban settings; in the case of oil and gas pipelines, ignitability, TCLP failures for benzene, and occasionally PCB's). In some cases, the maintenance is planned, and there may be sufficient time to preplan for waste disposal, but in many cases due to emergency repairs, it may take several days to get permission from the receiving TSDF. If a utility wishes to designate and bring waste from remote locations to their own collection facility, a TSDF permit is needed.
Project Details
The amendments to New York state and federal hazardous waste regulations now allow public utilities to designate utility-owned central collection facilities (UCCF's), where hazardous waste from manholes and underground road vaults could be consolidated. To designate a UCCF, participating utilities must first undertake a public notice and public comment process, and approval must be granted by the Department. The Project XL regulations would allow utilities to bring these wastes to a predesignated UCCF after all requirements, procedures and approvals for designating UCCFs are satisfied. Wastes would have to be handled in compliance with Large-Quantity Generator standards. Wastes would be transported from remote location via a Part 364 hauler, on a hazardous waste manifest so transportation regulations would remain as protective as the traditional hazardous waste regulatory requirements. The wastes would be placed in secure storage. Storage time would be limited to 90 days, and the collection facility would have employee training and contingency plans. This would be superior to storing hazardous wastes at the point of generation, e.g., along a public road.
Other Key Points
- Since waste would need to be moved from point of generation to a UCCF either when collection is finished or when workers leave for the day, whichever comes first, waste would never be unsecured. This would reduce the utility's liability and potential environmental harm because the waste would be better protected from accidental releases and vandalism.
- Utilities would benefit from being able to consolidate loads for shipment; this should lead to decreased disposal costs. Indirect benefits to all parties because of reduction in paperwork.
- Utilities would be required to invest 1/3 of direct savings into new environmental projects.
- In order to designate a UCCF utilities must fulfill rigorous requirements, including public notice with substantial outreach to stakeholder and a public comment process. Department approval would be needed for designated utility-owned collection facilities. The Department could, if appropriate, add additional local requirements (for instance, limit the amount of hazardous waste stored at a UCCF).
- Participation by utilities is voluntary. Utilities that do not participate will remain subject to full hazardous waste management regulations, as applicable.
Implementation
Utilities may apply to the Department to designated UCCF's, and undertake the public notice and public comment requirements of the regulations. DEC must examine all documents and approve, deny or modify each UCCF. Designated UCCFs, once approved, must be inspected annually by the Department. DEC approval can be withdrawn if a utility fails to meet the require standards. This regulation sunsets on May 24, 2011 unless extended by the Department and USEPA.
