The RCRA contingency plan is a requirement for large quantity generators of hazardous waste (LQGs) and hazardous waste treatment storage and disposal facilities (TSDFs) pursuant to 40 CFR 265, Subpart D [now 40 CFR 262, subpart M due to the Generator Improvements Rule].  It is a document that describes specific actions a facility must take in the event of a fire, explosion, or release of hazardous waste. Learn more about the RCRA Contingency Plan.

The purpose of this article: identify and explain the requirements of 40 CFR 262, subpart D to maintain records of the contingency plan.

Hold on a minute!  These regulations were revised and moved to a new location within Title 40 of the CFR by the Generator Improvements Rule.  If your state has not yet adopted the Generator Improvements Rule, then this article is still applicable to you (but it won’t be for much longer).  If your state has adopted and been authorized to enforce the Generator Improvements Rule, then these regulations no longer apply to you.  Read: What is the status of the Generator Improvements Rule in my state?

Fortunately, the changes made by the Generator Improvements Rule did not affect the recordkeeping requirements for the contingency plan (the subject of this article) except to change the regulatory citation.  This article has been revised to include reference to the regulations both prior to and after the Generator Improvements Rule.

Please refer to this series of articles if you’re interested in all of the requirements of 40 CFR 262, subpart M to create and maintain a contingency plan.

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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.

December 1 through December 31, 2013

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

None

Proposed Rules:

Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code Pages 79363 – 79388 [FR DOC # 2013-31046] PDF | Text | More

Notices:

Information Collection Activities Pages 72972 – 72977 [FR DOC # 2013-29015] PDF | Text | More

New Jersey Regulations on Transportation of Regulated Medical Waste Pages 75672 – 75676 [FR DOC # 2013-29604] PDF | Text | More

Research and Development; Public Meeting Pages 78506 – 78506 [FR DOC # 2013-30707] PDF | Text | More

Research and Development; Public Meeting Pages 78506 – 78507 [FR DOC # 2013-30789] PDF | Text | More

Information Collection Activities Pages 79561 – 79563 [FR DOC # 2013-31162] PDF | Text | More

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; Land Disposal Restrictions  Pages 74127 – 74128 [FR DOC # 2013-29449] PDF | Text | More

Underground Injection Control Program; Hazardous Waste Injection Restrictions; Petition for Exemption-Class I Hazardous Waste Injection; Mosaic Fertilizer, LLC Uncle Sam, LA Pages 76294 – 76294 [FR DOC # 2013-29983] PDF | Text | More

Vermont: Proposed Authorization of State Hazardous Waste Management Program Revisions Pages 79654 – 79655 [FR DOC # 2013-31125] PDF | Text | More

Vermont: Final Authorization of State Hazardous Waste Management Program Revisions Pages 79615 – 79619 [FR DOC # 2013-31121] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it, 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 do that.  Please contact me for a free consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance.

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.

November 1 through November 31, 2013

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans Pages 69310 – 69310 [FR DOC # 2013-27733]  PDF | Text | More

Proposed Rules:

Hazardous Materials: Rail Petitions and Recommendations To Improve the Safety of Railroad Tank Car Transportation (RRR) Pages 66326 – 66327 [FR DOC # 2013-26402]        PDF | Text | More

Notices:

International Standards on the Transport of Dangerous Goods Pages 68501 – 68502 [FR DOC # 2013-27235] PDF | Text | More

Safety and Security Plans for Class 3 Hazardous Materials Transported by Rail Pages 69745 – 69746 [FR DOC # 2013-27785] PDF | Text | More

Paperless Hazard Communications Pilot Program Pages 70399 – 70410 [FR DOC # 2013-28168] PDF | Text | More

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

Civil Monetary Penalty Inflation Adjustment Rule Pages 66643 – 66648 [FR DOC # 2013-26648] PDF | Text | More

West Virginia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 70225 – 70231 [FR DOC # 2013-28151]    PDF | Text | More

Proposed Rules:

West Virginia: Final Authorization of State Hazardous Waste Management Program Revisions  Pages 70255 – 70255 [FR DOC # 2013-28150]    PDF | Text | More

Notices:

None

Information can be helpful but it’s useless if you are not able to make sense of it, 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 do that.  Please contact me for a free consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance.

The operating record is a term referred to in the RCRA regulations in several places applicable to generators of hazardous waste.  For example, at 40 CFR 262.16(b)(8)(vi)(B) – applicable to a small quantity generator of hazardous waste (SQG) – and §262.256(b) – applicable to a large quantity generator (LQG) – one may read:

…This documentation must include documentation in the operating record….

And, §265.56(i) – applicable to a hazardous waste Treatment Storage and Disposal Facilities (TSDF) – reads in part:

The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan.

In both of the above citations, the use of the term “operating record” may be confusing to an SQG or LQG, but should not be to a hazardous waste TSDF.  Why is that?  Because nowhere in the regulations applicable to an SQG or LQG will you find an explanation of what the USEPA means by the term operating record.  But in the regulations applicable to a TSDF at §264.73 (if permitted) or §265.73 (if interim status) one may read a detailed explanation of what the USEPA requires in an operating record.

Unfortunately, most of the information required to be maintained in an operating record applies solely to a TSDF (e.g. methods of treatment, storage, and disposal at the facility, post-closure cost estimates, etc.) and means little to a facility that generates and accumulates solely its own hazardous waste, therefore I won’t list them here.  Suffice to say the operating record must be a written document (paper or electronic format) that is a compilation of various files, forms, data, databases, records, and reports.  In short: All the information necessary for a TSDF to verify its compliance with USEPA regulations.  Unless indicated otherwise, it must be kept at the facility until its closure.

For an LQG or SQG, the operating record isn’t anything more than a collection of the records maintained at its facility to demonstrate compliance.  If necessary, an SQG or LQG may need to add to it the documentation required by §262.16(b)(8)(vi)(B) and §262.256(b), respectively.

Operating record is a term of which SQGs and LQGS must be aware.  But its description can’t be found without digging into a part of the regulations that most generators of hazardous waste never need to go (those regulations applicable solely to a TSDF).  Despite recent improvements (read about the Generator Improvements Rule), the USEPA regulations applicable to a generator of hazardous waste can be confusing – and that’s before you throw in the state regulations! (does my state have an authorized hazardous waste program?)

• Some local governments offer curbside electronics recycling. Consumers should first check with their local municipality to see if curbside or drop-off service is provided.
• Many retail and non-profit outlets recycle most electronic items for free including Best Buy, Goodwill, Salvation Army and Staples. It’s best to call ahead to confirm which electronics are accepted.
• There are free collection events that take place throughout the year at various locations, which may be organized by county, local governments and non-profit partnerships. The Pennsylvania Recycling Hotline (1-800-346-4242) provides statewide information about recycling services and upcoming events.
• Consumers can also take their items to permitted electronics recyclers, some of which offer pick-up service.
• Many waste and recycling hauling companies also collect electronic items destined for recycling.

Read the news release:  Saint-Gobain Plastics Assessed $1,730 Penalty for Hazardous Waste Management Violations, Must Provide iPads to Worcester Fire Dept.

BOSTON – Saint-Gobain Performance Plastics Corporation, which operates a coating facility at 717 Plantation Street in Worcester, has been assessed penalties totaling $6,900 by the Massachusetts Department of Environmental Protection (MassDEP) for violating Hazardous Waste regulations.

During a routine inspection conducted in the fall of 2012, MassDEP determined the company had accumulated hazardous waste for longer than the time allowed under its registered generator status. As part of a consent order with MassDEP, the company will pay a $1,730 penalty and perform a Supplemental Environmental Project in lieu of paying a larger penalty amount.

The project includes the purchase of four iPads and associated hardware and software that will be given to the Worcester Fire Department. The iPads will allow first-responders to access a chemical database web site while in the field, providing them with detailed chemical datasheets within seconds.

“The company, once notified of the violation, took steps quickly to return to compliance and proposed the Supplemental Environmental Project,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester.  “The iPads will be a great resource for the Worcester Fire Department and greatly assist in their response to certain emergency situations.”

MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills and the preservation of wetlands and coastal resources.

It’s good that the company quickly returned to compliance.  It would be even better if it had not had the violations in the first place.  Contact me for a free RCRA training consultation or with any questions you may have about the management of hazardous waste.

Read the press release:  Chicopee Company Pays Fine and Ships over 40,000 lbs of Hazardous Waste, Protecting Human Health and the Environment

Release Date: 12/19/2013
Contact Information: Emily Zimmerman, 617-918-1037

(Boston, Mass) A paint manufacturer in Chicopee, Mass. has agreed to pay a penalty of $153,917 to resolve claims by the US Environmental Protection Agency that it violated federal hazardous waste laws.

In an agreement signed recently with EPA’s New England office, C & C Ventures, also known as Randolph Products, agreed to pay the penalty and to comply with the federal Resource Conservation and Recovery Act (RCRA).

Last June, EPA filed a complaint against the company alleging violations of hazardous waste management laws. C&C Ventures manufactures a variety of paint products at its Chicopee, Mass. facility. Its violations included

• Failure to properly identify hazardous wastes.
• Failure to properly label and store hazardous waste containers.
• Failure to train personnel who manage hazardous waste.

Hazardous waste regulations under RCRA are designed to ensure that operating facilities manage hazardous wastes in an environmentally sound manner from “cradle to grave” in order to prevent releases that could pose risks to human health and the environment. Manufacturing facilities often generate hazardous wastes during production, and those wastes must be properly managed and disposed of.

Since EPA’s discovery of the alleged violations at the Chicopee, Mass company, over 40,000 lbs of hazardous waste have been shipped off site to a licensed hazardous waste facility. In addition to paying a penalty totaling $153,917 for violations of RCRA, C&C Ventures has also worked to come into compliance so as to continue protecting human health and the environment in the future by:

• properly determining whether or not wastes are hazardous;
• properly labeling and storing hazardous waste containers;
• providing hazardous waste training to employees; and
• conducting weekly inspections of hazardous waste storage areas.

More information: Enforcing hazardous waste laws in New England (http://www.epa.gov/region1/enforcement/waste/index.html)

It’s no surprise to me that among the facility’s violations was a lack of training.  The RCRA training provided by Daniels Training Services will help you to avoid these kinds of penalties.  Please contact me for your free training consultation.

Read the release:  Darigold failed to report chlorine gas release in Portland to authorities in timely manner

Release Date: 12/18/2013
Contact Information: CONTACT: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov

12 people required hospitalization from exposure to chlorine gas fumes at facility.

(Seattle—Dec. 18, 2013) Darigold Inc. failed to immediately notify federal and state emergency authorities of a chlorine gas release in 2012 at a milk facility in Portland, Oregon, according to a settlement with the U.S. Environmental Protection Agency. By law, facilities are required to report hazardous releases to state and federal emergency response authorities in a timely manner. The facility produces ultra pasteurized milk products.

“Emergency responders need to know immediately when a hazardous release occurs so they can protect the public,” said Kelly McFadden, Manager of the Pesticides and Toxics Unit in EPA’s Office of Compliance and Enforcement. “This facility is located in a populated urban area. Chlorine gas is extremely harmful to breathe. In this case, the facility was evacuated two separate times and twelve people were hospitalized.”

Eight Darigold employees, a truck driver, two contractors and a person who was driving by at the time of the incident were sent to the hospital.

On the morning of May 30, 2012, a truck driver arrived to off-load a nitric acid and phosphoric acid-based chemical solution that is used for sanitizing at the facility. The driver improperly connected the hose from the truck containing the chemical solution to a tank containing sodium hydroxide and sodium hypochlorite, resulting in a violent chemical reaction and the chlorine gas release.

Darigold became aware of the release at 10:16 a.m. and notified the fire department at 10:31 a.m. but failed to immediately notify state and federal emergency response authorities. The chlorine gas release continued until about 4:00 p.m.

Federal law requires that facilities immediately report chemical releases exceeding certain thresholds to federal, state and local authorities. For chlorine gas, the threshold is ten pounds. The Darigold facility released about 166 pounds in this incident.

Chlorine gas is highly toxic and can cause burning of the eyes, nose, and mouth, as well as nausea, dizziness, vomiting, respiratory impacts and death.

The facility violated the Comprehensive Environmental Response, Compensation, and Liability Act, and the Emergency Planning and Community Right-to-Know Act.

Darigold has agreed to pay over $42,000 to settle the violations.

For more information on EPA Emergency Management, visit: http://www.epa.gov/emergencies/index.htm

Confused about when to report a release of a hazardous substance or extremely hazardous substance and to whom?  This article will clarify your reporting responsibilities under both CERCLA and EPCRA.  I provide training required by both the USDOT (HazMat Employee Training) and USEPA and authorized states (Hazardous Waste Personnel Training).  Please don’t hesitate to contact me for a free training consultation.

The instructions, forms, and mailing list for the Ground Water Monitoring Report are supplied to the Division of Materials and Waste Management (DMWM) by the Division of Drinking and Ground Waters (DDAGW). Technical questions that are specific to your site should be asked of DDAGW staff through your DMWM District Office contact. Adobe Acrobat PDF files of the instructions and the Master Parameter List are available on DMWM’s 2013 Hazardous Report Web site.

Data File Format

Please review the submittal instructions throughout the report form as they have changed. The five data files being utilized (Facility, Wells, Params, Sampling, and GWdata) have been updated. Minor changes have been made to the databases including removal of some non-required information and updating some columns. The five database files must be submitted in xls or dbf format, with the ability for Ohio EPA to manipulate the files to add them to the statewide database. The data format of each file, along with an example, has been provided as part of the instructions. The report form includes required information necessary for Ohio EPA to perform data validation on the submitted data and to include it in our statewide database. To request previous years’ electronic files or for other annual report questions, please contact Katie Rader of DDAGW’s Central Office via phone (614-644-3128) or e-mail (katie.rader@epa.ohio.gov).

*****Important Updates for 2014

1. Particular attention will be paid by the Ohio EPA DDAGW reviewer to having correctlatitudes/longitudes in decimal degrees for the general facility (Facility Tab) and each well (Wells Tab). The annual report submittal will not be deemed accurate and complete if these portions are missing or in an incorrect format.
2. Particular attention will be paid by the Ohio EPA DDAGW reviewer to use of the parametercode names provided in the 2013 Updated Master Parameter List. The annual report submittal will not be deemed accurate and complete if these portions are missing or in an incorrect format.
3. A complete copy of the report and the diskette/CD must be sent to the Division of Materials and Waste Management (DMWM) Central Office in Columbus with an additional complete copy sent to the District Office of DMWM. Please reference the district office mailing on the cover letter that accompanies the submittal. Addresses for Central Office and each District Office are available on the first page of each form. All information may be submitted on diskette/CD in the required format.

Below is the text from a notice from the Ohio Environmental Protection Agency regarding the Biennial Hazardous Waste Report due March 1, 2014 for calendar year 2013.  Read here how this once annual report was changed to biennial in 2012.

The reporting season has begun for the 2013 Hazardous Waste Report, which is due on March 1, 2014. This report is required of any facility that generated 2200 pounds or more of hazardous waste (or 2.2 pounds or more of acute hazardous waste) in any calendar month in 2013.

There are no changes to the reporting process, which means no changes to the eBusiness data entry screens or paper forms. eBiz users can now access reports from their facility’s entire period of record. In the past users were only able to access reports from 2009 or later. The only changes for the 2013 report itself are changes to some of the Management Method Codes and to the Waste Minimization Codes. You can see a list of these changes on pages 2 to 3, 29 to 30 and 62 in the Hazardous Waste Report Instructions. If you are filing a paper report or importing data files make sure that you are using correct and up to date codes or your report will fail data validation.

If you haven’t filed electronically before, please consider doing so this year. The software has many features that help you prepare the report quickly and more accurately than on paper. The software allows the user to validate some of the information provided in the report which helps to reduce the possibility of violations. It also includes the ability to copy a previous year’s report as a starting point for a new report, even if you haven’t filed electronically in the past. Remember, Ohio EPA recently started collecting Hazardous Waste Reports biennially. So the most recent report you will be able to access is from 2011. If you do plan on filing electronically this year for the first time make sure to start the process early so you can obtain a PIN and associate your Responsible Official with your facility.

The Responsible Official for the facility is the person who gets the electronic filing process started by applying for the eDRUMS service. To determine if you meet the requirement for either a Responsible Official or Delegated Responsible Official please reference OAC 3745-50-42. Begin by accessing our training materials on the hazardous waste reporting web page. These consist of three recorded webinars, or PDF copies of the PowerPoint presentations from the webinars:

1. Getting Started in the eBusiness Center
2. Applying for and Delegating the HW Service
3. Preparing a Report in eDRUMS.

If your facility’s report was filed electronically for 2011 but there have been personnel changes, it’s time to have new users get eBiz accounts or terminate access rights for users no longer involved with the facility’s report. For information on removing preparers or Responsible Officials, see “Changing Roles in eBiz” on the Report web page.

If you have any questions, including questions or concerns about getting started in eBiz, please contact:

Thomas Babb, Hazardous Waste Report Coordinator
Thomas.Babb@epa.ohio.gov

(614) 914-2527

or

Paula Canter, System Administrator
paula.canter@epa.ohio.gov

(614) 644-2923

If you are a facility that is required to file an Annual Ground Water Monitoring Report in addition to the HWR please read these updates for the 2013 Reporting cycle.

If you are required to submit the biennial hazardous waste report in Ohio, that means you are also required to provide formal training (classroom or on-the-job) to all facility personnel annually so they are able to manage hazardous waste in compliance with the regulations (Ohio has an authorized hazardous waste program, so you must refer to state regulations).  In addition to hazardous waste management procedures, employees must be trained on your facility’s emergency response procedures.  I can provide this training (also HazMat Employee training required by the USDOT) in a variety of formats:  Seminars, Onsite, Web-Based.  Please contact me for a free consultation about your training requirements.