In an earlier article I wrote about the two types of HazMat Incident Reports required by 49 CFR 171.15 & 171.16, respectively:  Immediate (by telephone or online) & Detailed (written report).  The article indicated that the responsibility to report a HazMat Incident will usually fall on the Carrier and not the Shipper of a hazardous material since it is the Carrier that is most likely to be in control (ie. “…in physical possession”) of a hazardous material when in transportation (“transportation” includes loading, unloading and temporary storage).  Therefore, a Carrier of HazMat must be aware of these reporting requirements while a Shipper of HazMat should be aware of them.  In this article I’ll review the conditions that require the Immediate Notice of a hazardous materials incident per 49 CFR 171.15. (more…)

The HazMat transportation regulations of the PHMSA/USDOT at 49 CFR 171.15 require each person in physical possession of a hazardous material when in transportation (includes loading, unloading, and temporary storage) to immediately notify the National Response Center by phone or on-line in the event of certain incidents that occur during transportation.  The purpose of this article is to explain the specific information that must be included with an Immediate Notice of a specified HazMat Incident to the NRC. (more…)

As a state that operates its own hazardous waste program under the authority of the Resource Conservation and Recovery Act (RCRA), Texas has its own unique requirements for the regulation of both hazardous and non-hazardous waste.  An essential requirement of compliance with the TCEQ (Texas Commission on Environmental Quality) regulations is the determination of the source of the waste, either industrial or non-industrial.  The purpose of this article is to explain the difference between an industrial solid waste and non-industrial solid waste in regard to the waste regulations of the TCEQ.

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The Federal regulations of the USEPA recognize three status of hazardous waste generators under the regulations of the Resource Conservation and Recovery Act (RCRA), they are:

• Large Quantity Generator (LQG).
• Small Quantity Generator (SQG).
• Conditionally Exempt Small Quantity Generator (CESQG).

As a state with an authorized hazardous waste program Maryland has the authority to make its regulations more strict than those of the USEPA, and it has.  Unlike the USEPA, the Maryland Department of Environment (MDE) identifies only two hazardous waste generator status:

• Fully Regulated Generator, which includes those who would be SQGs and LQGs under USEPA regulations.
• Maryland Small Quantity Generator, which is roughly equivalent to the USEPA CESQG status.

In an earlier article I explained the process for determining your hazardous waste generator status in Maryland and briefly summarized the generator requirements.  The purpose of this article is to more thoroughly explain the regulatory requirements of a Maryland Small Quantity Generator of hazardous waste. (more…)

Many hotels that I have stayed at – and I’ve stayed a lot – promote their efforts to be “Green”. Usually this takes the form of encouraging guests to reuse towels and bedding to reduce wash water consumption. Something hotel guests may begin to see in 2014 is a reference to the hotel’s acceptance of the USEPA’s WaterSense H2Otel Challenge.

First launched February 5, 2014, the Challenge is still in the preliminary stage of trying to spread the word about, and to recruit hotels interested in the Challenge. Those hotels that take the Challenge will take a pledge to reduce their water consumption. In return they will receive access to Best Management Practices (BMPs) and other tools from the USEPA to assist in saving water at their businesses. Hotels will also be provided with tools to track their results.

A tool hotels can begin using now is WaterSense at Work: Best Management Practices for Commercial and Institutional Facilities.

Soon to be available are a series of educational webinars, go to the WaterSense website to register:

• Take the Plunge: The WaterSense H2Otel Challenge. February 27, 2014, 2-3pm EST. To be repeated March 12, 2014, 2-3pm EST.
• Assess, Track, Realize Paybacks. March 6, 2014, 2-3pm EST.
• Washing 101: A Plumbing and Laundry Efficiency Primer. March 27, 2014, 2-3pm EST

More information, as it becomes available can be found here: USEPA WaterSense H2Otel Challenge.

“So, what can I do if I’m merely the guest of a hotel?” you may ask. Well…

• Share this article and spread the word about the Challenge.
• Ask each hotel you stay at if they have taken the USEPA WaterSense H2Otel Challenge.
• When you find a hotel that has taken the Challenge, be sure to share that information with me and I’ll promote their efforts here.

Whether you’re at home, work, or enjoying your stay at a hotel, you can participate in efforts to reduce water consumption and protect the environment.

Hotels in Massachusetts may also be subject to that state’s landfill ban for food waste.  Read about that here:  Massachusetts Bans Food Waste From Landfill.

As part of its state climate action plan, which was created by the Global Warming Solutions Act, Massachusetts has announced an upcoming ban (10.1.14) on the landfill disposal within the state of food waste from certain commercial operations.

As of October 1, 2014, any commercial operation that generates one ton or more of organic material per week (≥1 ton/week) can no longer send that waste to landfill but must instead utilize one of the following alternatives:

• Donate or re-purpose useable food.
• Send to a biogas facility to be converted to clean energy.
• Send to composting facility.

Commercial operations that may be subject to the ban include:

• Supermarkets
• Colleges and Universities.
• Hotels
• Convention centers
• Hospitals
• Nursing homes
• Restaurants
• Food service
• Food processors

If your business will be affected by this ban, I recommend you take advantage of assistance offered by the Massachusetts Department of Environmental Protection (MassDEP).

• MassDEP will conduct outreach, education, technical assistance, and infrastructure development for businesses covered by the ban, according to Kenneth Kimmell of MassDEP.
• Technical assistance and grants of up to $1 million for the new composting and biogas facilities anticipated to emerge in the state.
• Also, RecyclingWorks in Massachusetts is a program designed to help businesses increase their recycling efforts and to comply with the ban.

If you find your operations subject to this ban it is likely that you are also subject to the regulations of the USDOT for the transportation of hazardous materials (you probably receive hazardous materials as product) and perhaps those of the MassDEP for generators of hazardous waste.

Please don’t hesitate to contact me with any questions you may have about the management of hazardous waste or the transportation of hazardous materials in Massachusetts.

A Final Rule published in the Federal Register informs the regulated community that the USEPA will revise its regulations of the Hazardous Waste Management System under the Resource Conservation and Recovery Act (RCRA) to add a conditional exclusion from the definition of hazardous waste for carbon dioxide (CO2) streams that are hazardous.

Proposed Rule Published:  August 8, 2011

Final Rule Published:  January 3, 2014

Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (CO2) Pages 350 – 364 [FR DOC # 2013-31246] PDF | Text | More

Effective Date:  March 4, 2014 (more…)

The use of Special Permits (formerly known as Exemptions) in the Hazardous Material Regulations (HMR) of the USDOT/PHMSA presents opportunities and challenges for shippers and carriers of hazardous materials.  While they provide an opportunity to transport or offer for transportation a hazardous material in a manner not allowed for in the HMR, they will have requirements all of their own that are in addition to those of the HMR.  One example of this is that anyone who uses a Special Permit in the transportation of a hazardous material must provide additional Function Specific training to their HazMat Employees on the specific requirements of the Special Permit.

Below are some FAQs from the PHMSA website regarding the use of Special Permits for the transportation of hazardous materials. (more…)

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA) of the US DOT on the subject of Transportation of Hazardous Materials.

The Federal Register is a great way to look down the road and see potential changes to the regulations long before they are put into effect (sometimes The Rulemaking Process takes years before a final rule is issued, if ever).  Knowledge of these potential changes provides you with several advantages:

• Additional time to modify your business operations to comply.
• Awareness of on what topics the regulatory agencies intend to focus their efforts.
• The ability to register your concerns, complaints, suggestions, etc. in order to modify the proposed rule before a final rule is issued.  It can be done, really!
• Make changes to your training program to account for changes that become effective before the next training cycle.
• Alert you to the need to re-train your employees prior to their next scheduled training cycle, if necessary.
• Keep you abreast of changes to the regulations that affect your business and/or your industry group.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

January 1 through February 7, 2014

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (CO2) Pages 350 – 364 [FR DOC # 2013-31246] PDF | Text | More

Proposed Rules:

Hazardous Waste Management System; Modification of the Hazardous Waste Manifest System; Electronic Manifests Pages 7517 – 7563 [FR DOC # 2014-01352]          PDF | Text | More

Notices:

Twenty-Sixth Update of the Federal Agency Hazardous Waste Compliance Docket Pages 654 – 658 [FR DOC # 2013-31568] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the USEPA (and your state) and the PHMSA/USDOT.