Release Date: 01/13/2014
Contact Information: Donna Heron 215-814-5113 / heron.donna@epa.gov

PHILADELPHIA ( Jan. 13, 2014) — Phoenix Color Corp. has agreed to pay a $45,000 penalty to settle alleged violations of hazardous waste regulations at its facility on Phoenix Drive in Hagerstown, Md., the U.S. Environmental Protection Agency announced today. 

EPA cited Phoenix Color for violating the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.

Following a November 12, 2012 inspection, EPA cited the company for RCRA violations involving hazardous waste stored at the facility, including spent non-halogenated solvents, corrosives and mercury-containing fluorescent bulbs.

The alleged violations included : 1) operating a hazardous waste storage facility without a RCRA permit or interim storage status; 2) failure to make a hazardous waste determination; 3) failure to keep hazardous waste containers closed; 4) failure to inspect containers in a 90-day storage area; 5) failure to provide annual hazardous waste management training; 6) failure to maintain hazardous waste management job descriptions; and 7) failure to prepare and implement a complete hazardous waste emergency plan. 

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the resolution of this matter. As part of the settlement, Phoenix Color has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements. 

For more information about hazardous waste and RCRA, visit http://www.epa.gov/epawaste/hazard/index.htm

Read the press release here.

It’s no surprise to me that among the alleged violations this company faced is a failure to train its Facility Personnel per the requirements of 40 CFR 265.16.  Good training like mine will fulfill the regulatory requirements and give you and your employees the knowledge and the tools to prevent these kinds of violations while protecting the environment.

The cost of training and compliance is a fraction of alleged violations such as these.  Contact me now to discuss your RCRA training options.

Release Date: 01/13/2014
Contact Information: Donna Heron 215-814-5113 / heron.donna@epa.gov

PHILADELPHIA (Dec.. xx, 2013) — Warner Graham, LLP, has agreed to pay a $80,650 penalty to settle alleged violations of hazardous waste regulations at its industrial solvent repackaging facility in Cockeysville, Md., the U.S. Environmental Protection Agency announced today. 

EPA cited the company for violating the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.

Following an April 2012 EPA inspection, and follow-up investigations, EPA cited Warner Graham for RCRA violations involving solvent waste, which is a hazardous waste stored at the facility. The alleged violations involved several RCRA regulations, including requirements for hazardous waste monitoring and inspections, employee training, equipment and tank testing, equipment marking, secondary containment, contingency planning, recordkeeping and reporting. 

In addition to the $80,650 penalty, the company has agreed to perform a $24,550 project to install a less permeable floor beneath the product storage tank area. This project, which exceeds regulatory requirements, will help minimize the potential environmental risk in the event of any accidental releases from these tanks.

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in resolving this matter. As part of the settlement, the company has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements. 

For more information about hazardous waste and RCRA, visit http://www.epa.gov/epawaste/hazard/index.htm

Read the press release here.

Once again a facility faces significant fines and penalties for the violation (alleged) of the RCRA regulations.  It is not uncommon in a situation such as this where a list of violations is indicated, “…requirements for hazardous waste monitoring and inspections, employee training, equipment and tank testing, equipment marking, secondary containment, contingency planning, recordkeeping and reporting.” that one of the violations includes a failure to train Facility Personnel per the requirements of 40 CFR 265.16.  Initial and annual training of your employees will not only fulfill the requirements of 40 CFR 265.16, it will also teach them how to do their job in compliance with the regulations.  Thorough, high-quality training like mine will go even further, giving you and your employees the knowledge to find the potential violations of the RCRA regulations and the tools to fix them.  Good training saves you money and the head aches and bad press that goes along with violations.

Please don’t hesitate to contact me about the regulations of the USEPA or Maryland for the management of hazardous waste.

The RCRA regulations for hazardous waste provide a generator of hazardous waste with four hazardous waste accumulation units, they are:

• Containers
• Tanks
• Drip pads
• Containment buildings

A Large Quantity Generator of hazardous waste that accumulates its hazardous waste in tanks must comply with the regulations of 40 CFR 265, Subpart J – Tank Systems, referenced from §262.34(a)(ii).  A brief summary of these regulations reveals the following regulatory responsibilities for an LQG:

• A thorough integrity assessment for existing tank systems.
• Stringent design standards and installation requirements for new tanks.
• Specifications for secondary containment and leak detection systems.
• General operating requirements.
• Inspection requirements:  frequency and scope.
• Response to spills or leaks.
• Requirements for tanks that are unfit for use.
• Closure and post-closure care.  LQG is not subject to full post-closure care.
• Special requirements for ignitable, reactive, or incompatible wastes.

A Small Quantity Generator of hazardous waste (SQG) that accumulates hazardous waste in tanks need comply solely with the requirements of 40 CFR 265.201.

This article will focus on the specific requirements of 40 CFR 265.194 – General Operating Requirements for the management of hazardous waste in a tank at an LQG. (more…)

The first deadline for submittal of this report for calendar year 2013 is fast approaching.  If you intend to submit the Annual Waste Summary to the Texas Commission on Environmental Quality (TCEQ) by hardcopy it must be received by January 25, 2014.  If you intend to complete the report using STEERS the deadline for its submittal is March 1, 2014.  See below for information about this report and to confirm if it applies to you. (more…)

As a training provider, I deliver information about the regulations of the PHMSA/USDOT and the USEPA to those in affected industries.  This includes anyone who generates a hazardous waste and/or transports or offers for transport a hazardous waste.  I have struggled to arrive at a fair cost for my services; one that makes me money, is competitive with my peers, and is fair to anyone needing my training.  However, someone seeking regulatory compliance training may not be able to afford my services at any price.  That’s where grant money and funding opportunities from Federal and State agencies come in.

A significant source of funding for training is available through the Workforce Investment Act (WIA).  The WIA is intended to help Americans manage their careers through information and to help U.S. companies find skilled workers.  Among many other features, the WIA provides funding to eligible persons who wish to receive training that will increase their chances of finding employment.  Eligibility is based on many factors, including the type of training, and will vary depending on the state or region administering the WIA funds; however, eligibility criteria will usually include low-income workers.

Another source of funds for a person seeking training is available through the Trade Adjustment Assistance (TAA) Program.  Eligible persons are those whose employment has been impacted when production is moved overseas; it could be a situation where the person lost their job or suffered a reduction in hours.

Both the WIA and TAA are Federal programs administered by the US Department of Labor, however, the eligibility determination and distribution of funding is performed by what are referred to by the USDOL as American Job Centers, which are located throughout the US.  Your local office may operate under a different name than American Job Center; it’s no matter as long as they are authorized to administer the WIA & TAA programs.  Your application for funds to attend training must be made through the state or local office nearest to you.  These offices can be found on US Department of Labor website:  “Map of State American Job Centers Web Sites“.  From this page you can select your state of residence, this will take you to the state administrator of the WIA & TAA programs.  At this point you will have to search the state website to determine if funds are available at the state level, or if you will have to search further to find a local office.  Funding may be available at the county level.  Whether the state or county level, you will need to contact the appropriate person to determine the eligibility requirements to receive funding.

Likely they will require some evidence of the training content and the trainers qualifications, no problem.  My resume, information about my company and training services, and a detailed course outline of all of my training services are available on my website.  If you don’t see what you require, don’t hesitate to contact me and I will strive to give you whatever is necessary.

This training is required by both state and Federal regulations.  Failure to complete this training at the required frequency could result in fines, lost business, production interruptions, and even injuries and fatalities.  And if you’re going to get trained, make it worth your time and invest in my high-quality training services.  Grant money can help to make it even more affordable.

SACRAMENTO, Calif. – A Department of Toxic Substances Control (DTSC) investigation resulted in the successful prosecution and sentencing of former hazardous waste transporter Roy Paul Gressly for six felony violations of the Hazardous Waste Control Act.  DTSC’s Office of Criminal Investigations participated in the joint investigation with the US Environmental Protection Agency and the Santa Fe Springs Fire Department. The California Attorney General’s Office prosecuted the case against Gressly, who pleaded no contest to the six felony violations. Gressly was sentenced on Jan. 7, 2014, in Los Angeles Superior Court to 120 days in jail and three years probation for two counts of unlawful disposal of hazardous waste, two counts of unlawful storage of hazardous waste and two counts of unlawful transportation of hazardous waste to unauthorized locations.  “This type of illegal conduct will be investigated fully and those responsible will be held accountable,” said Reed Sato, DTSC Chief Counsel. “Illegal disposal, storage and transportation of hazardous waste threatens the health of the citizens of this community. I am pleased that we brought this violator to justice.

During his probation, Gressly is prohibited from working in the hazardous waste business. The court also ordered Gressly to pay more than $228,000 in restitution to former customers and landlords who had to clean up illegally stored and abandoned hazardous waste, and to pay a criminal fine of $7,500 plus applicable assessments, surcharges and penalties.  Operating under several business names, Gressly was a commercial hazardous waste transporter who accepted hazardous waste from customers for delivery to authorized disposal facilities.  Instead of delivering the waste for proper disposal, he stockpiled it at three unauthorized locations in the Los Angeles area and abandoned some of the waste at two of those locations. A spill from a leaking tanker truck prompted the investigation that discovered the violations.  Due to Gressly’s illegal activities, his former customers and the owners of properties where Gressly illegally stored and abandoned hazardous waste, had to pay substantial cleanup costs. In addition, public funds were necessary to clean up the waste.

# # #

FOR GENERAL INQUIRIES: Contact the Department of Toxic Substances

Here for the full press release

Every generator of hazardous waste should take note of the fact that it was Mr. Gressly’s customers (ie. the generators of hazardous waste who entrusted him to dispose of it) along with the owners of the property where it was illegally stored that were initially responsible for clean-up costs.  They are fortunate that the state was able to recover some money from Mr. Gressly to compensate them for their losses.  The generator of a hazardous waste has a Cradle-to-Grave responsibility for its proper management.  This responsibility exists under the regulations of the Resource Conservation and Recovery Act (RCRA) for active hazardous waste sites (like this one) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for abandoned sites.

If you generate a hazardous, part of your cradle-to-grave responsibility is to provide initial training along with an annual review for all facility personnel.  Contact me to provide the mandatory RCRA training for your facility personnel.

Multimodal Training Seminars offer something for most HazMat Employers and HazMat Employees. Whether you are new to HazMat transportation or a seasoned professional, breakout sessions are presented to increase your knowledge for the safe and secure transportation of hazardous materials.

Each seminar begins with a General Session that provides a brief introduction and an overview of the Department of Transportation’s Hazardous Materials Program (HMR; 49 CFR Parts 171-180). The remainder of the two-day seminar consists of concurrent breakout sessions.

Sessions are organized and scheduled into three different tracks:

1. Hazmat Basics
2. Safety and Compliance
3. Hazmat Essentials

You can follow a specific track or attend only those sessions that best meet your needs. Each session is offered twice to help you maximize your seminar experience.

Representatives from the Federal Aviation Administration, Federal Motor Carrier Safety Administration, Federal Railroad Administration, U.S. Coast Guard, Transportation Security Administration, and the hosting State’s HazMat Enforcement will join PHMSA to provide you with answers to your HazMat transportation questions.

Who should attend?

Though suitable for those new to the transportation of hazardous materials, it is my opinion that the two-day seminar is best suited for experienced professionals in the transportation of HazMat.

What does it cost?

Nothing.  There is no cost for this two-day multimodal HazMat transportation seminar.  It is sponsored by the Pipeline and Hazardous Materials Safety Administration.

Is prior registration required?

Yes, please register yourself and any others you wish to attend with you.  PHMSA encourages you to pre-register for the seminars and workshops as seating is limited and to ensure you receive a certificate of attendance.  Information about the venues for the workshops and to register can be found here:  Registration page for PHMSA HazMat Transportation Two-Day Seminars in 2014.

What information is covered at the two-day seminar?

Each seminar begins with a General Session that provides a brief introduction and an overview of the Department of Transportation’s Hazardous Materials Program (HMR; 49 CFR Parts 171-180). The remainder of the two-day seminar consists of concurrent breakout sessions.

Will attendance at this PHMSA two day seminar fulfill my HazMat Employee training requirements (initial and/or triennial)?

Likely not, since the two-day seminar does not include a test, which is a requirement of HazMat Employee training per 49 CFR 172.702(d).  Also, the requirement to provide Function Specific Training at 49 CFR 172.704(a)(2) may be a challenge, though perhaps not quite as difficult as at the one-day PHMSA workshops since the two-day seminars  will have opportunities to select from the different tracks.  However, a HazMat Employer may use a this seminar as the basis for his/her HazMat Employee training and may meet the regulatory requirements by providing any additional Function Specific Training that may be necessary and by administering a test (either written or verbal).  The final requirement is to document the completion of the training per the requirements of 49 CFR 172.704(d).

Where and when are the seminars being held?

Currently there are three scheduled dates through the end of August 2014.  Other dates may be added for the remainder of 2014.  Check back to the PHMSA website (Seminars, Workshops, and Meetings) for up-to-date information.

These PHMSA two-day multimodal seminars are a great learning opportunity for all experience and knowledge-levels of HazMat Employees.  If a two-day seminar is not right for you, then consider attending one of the PHMSA one-day workshops.  I will strive to attend one of these seminars in 2014, and I hope you do as well.  You will likely come away with an improved knowledge of the HMR including the requirement to provide training for all of your HazMat Employees.  That’s where I come in.  Contact me for your mandatory HazMat Employee training and your Hazardous Waste Personnel (RCRA) training as well.

PHMSA’s Hazardous Materials Safety Assistance Team conducts workshops specialized to meet the needs of industry or the public safety community. These free one-day events are scheduled across the nation (see below).

The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) specify requirements for the safe and secure transportation of hazardous materials in commerce by rail car, aircraft, vessel, and motor vehicle. These comprehensive regulations govern transportation-related activities by offerors (e.g., shippers, brokers, forwarding agents, freight forwarders, and warehousers); carriers (e.g., common, contract, and private); packaging manufacturers, reconditioners, testers, and retesters; and independent inspection agencies.

The HMR apply to each person who performs, or causes to be performed, functions related to the transportation of hazardous materials such as determination of, and compliance with, basic conditions for offering; filling packages; marking and labeling packages; preparing shipping papers; handling, loading, securing and segregating packages within a transport vehicle, freight container or cargo hold; and transporting hazardous materials.

This free one-day workshop provides an overview of how to use the HMR and a summary of many of the requirements found in the HMR which can affect transportation safety to include: Training Requirements, Packaging, Hazard Communications, and Security.

Who should attend?

Anyone who offers or transports hazardous materials in commerce or has a desire to learn more about US DOT’s Hazardous Materials Regulations.

What does it cost?

Nothing.  There is no cost for this one-day workshop on the hazardous material regulations.  It is sponsored by the Pipeline and Hazardous Materials Safety Administration.

Is prior registration required?

Yes, please register yourself and any others you wish to attend with you.  Information about the venues for the workshops and to register can be found here:  Registration page for PHMSA HazMat Transportation One-Day Workshops in 2014.

What information is covered at the one-day workshops?

The transportation workshops provide a basic overview of the regulatory requirements – what they are, how they apply, and how to comply with them, for shipping and transporting Hazardous Materials. The workshops address the same information as the Hazmat Basics track given at the Multimodal Seminars and include overviews of the Training and Security Requirements.

Will attendance at this PHMSA workshop fulfill my HazMat Employee training requirements (initial and/or triennial)?

Likely not, since the PHMSA workshop does not include a test, which is a requirement of HazMat Employee training per 49 CFR 172.702(d).  Also, the requirement to provide Function Specific Training at 49 CFR 172.704(a)(2) may be difficult to meet given the general nature of the PHMSA workshop.  However, a HazMat Employer may use a PHMSA workshop as the basis for his/her HazMat Employee training and may meet the regulatory requirements by providing any additional Function Specific Training that may be necessary and by administering a test (either written or verbal).  The final requirement would be to document the completion of the training per the requirements of 49 CFR 172.704(d).

Where and when are the PHMSA workshops being held?

Currently there are 15 workshops scheduled through the middle of August 2014.  Check back to the PHMSA website (Seminars, Workshops, and Meetings) for up-to-date information.

These PHMSA workshops are a great learning opportunity for all experience and knowledge-levels of HazMat Employees.  If this isn’t enough for you, consider the PHMSA’s two-day multimodal seminars.  I will definitely attend at least one of these workshops in 2014, and I hope you do as well.  You will likely come away with an improved knowledge of the HMR including the requirement to provide training for all of your HazMat Employees.  That’s where I come in.  Contact me for your mandatory HazMat Employee training and your Hazardous Waste Personnel (RCRA) training as well.