In a notice published in the Federal Register on July 19, 2013, the PHMSA (Pipeline and Hazardous Materials Safety Administration) of the USDOT announced its intent to seek volunteers to participate in its pilot project to evaluate the effectiveness of a paperless Haz Com system.  A paperless hazard communication system is defined as, “the use of advanced communication methods, such as wireless communications devices, to convey hazard information between all parties in the transportation chain”.  The volunteers who meet the criteria for acceptance (detailed in the notice) will be invited to participate in the pilot program.
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The Retired Engineer Technical Assistance Program (RETAP) provides in-depth pollution prevention (P2) and energy conservation assessments to businesses with 500 or fewer employees in Michigan. RETAP assessments are performed by teams of retired engineers and are always free, confidential, non-regulatory, and objective. For each assessment, RETAP provides a written report containing specific recommendations to save money, reduce energy usage, conserve water, and eliminate waste generation. To date, RETAP has conducted over 1,800 assessments with
a demonstrated record of averaging over $40,000 in potential cost savings per assessment.

RETAP maintains over fifty (50) retired engineers, scientists, and other professionals active in the program. Each RETAP engineer has thirty to forty years of experience in industry giving RETAP the unique ability to offer over 2,000 years of combined professional experience to help businesses improve their operations and save money, free of charge.

Any business interested in requesting a RETAP assessment or additional information should contact David Herb at 517-241-8175 or herbd@michigan.gov or through the DEQ’s Environmental Assistance Center at 800-662-9278.

It can’t hurt to have another set of eyes take a look at your facility and operations in order to assist you with saving money.  If the assessment determines that you need assistance complying with the hazardous waste regulations of the Michigan DEQ, don’t hesitate to contact me.

News Release: Public Information and Availability Session
08/06/2013

What:

The U.S. Environmental Protection Agency (EPA) will present information and take questions from the community on the proposed remedy for the World Resources Company (WRC) facility, located at 170 Walnut Lane, Pottsville, Pa. 17901. The facility has conducted an investigation and sampling at the site in accordance with the requirements of the federal Resource Conservation and Recovery Act (RCRA) Corrective Action Program. Corrective Action is an EPA program designed to guide the investigation, and any cleanup of contaminated hazardous waste.

When:

August 12, 2013 at 7:00 p.m.

Where:

Norwegian Township Building, 506 Maple Avenue, Mar Lin, Pa. 17951-0251

Background:

WRC recycles metal bearing sludges that are generated primarily by metal finishing and electroplating industries. Some of these sludges are considered hazardous waste under EPA and Pennsylvania Law. Phase I and Phase II Environmental Site Assessments were conducted at the facility. Five monitoring wells were installed for soil and groundwater. Soil samples were collected. Environmental sampling showed no contaminants above either EPA or PADEP residential standards. WRC continues to do groundwater and soil monitoring approximately twice a year, and has since 1990. No known releases have occurred at the facility resulting in investigation or remedial actions.

Proposed Remedy:

EPA will propose this week that there are no known environmental issues at the property that have not been addressed. EPA’s investigation has found that there is no contamination at the site. The proposed Final Decision is for “no further action” and will be documented in a Statement of Basis and subject to public review and comment.

Public Comment:

Persons wishing to comment on the proposed remedy may do so by submitting their comments to EPA betweenAugust 14 and September 27, 2013. All comments must be submitted in writing via mail, fax, or email to EPA Project Manager Catheryn Blankenbiller, at U.S. EPA Region 3, 1650 Arch Street, Mailcode 3LC30, Philadelphia, Pa. 19103 (Email: blankenbiller.catheryn@epa.gov; Fax: 215-814-3113.  All comments will be considered in making a final decision.

Contact: Donna Heron at 215-814-2665 / heron.donna@epa.gov

It is interesting to note that this situation is being handled by both the State of Pennsylvania DEP and the USEPA under the authority of the Corrective Action program of the Resource Conservation and Recovery Act (RCRA) and not Superfund.  This is because the site is still active.  If it were an abandoned site or one where ownership could not be determined, then the determination of contamination and potential clean-up would be undertaken with the authority of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, aka:  Superfund) and not RCRA.

Please don’t hesitate to contact me if you have questions about the regulations of the Resource Conservation and Recovery Act (RCRA) for the USEPA or your State.

Hosted by Ohio EPA’s Office of Compliance Assistance and Pollution Prevention (OCAPP). This free 1-hour webinar will discuss the basics of how to determine if a waste meets the definition of hazardous waste, how to properly characterize those wastes, and how to count them in determining your company’s generator status.  Examples of common hazardous wastes, excluded wastes, universal wastes, and waste evaluation methods and tips will be explained.  The practical impacts of proper waste characterization, accounting, and waste reduction practices will also be discussed. Presenter:  Dan Sowry, OCAPP, Environmental Specialist, Central District Office, Columbus, OH.

Webinar seats are limited, click here to register.

After this free webinar on September 25th, come to my full day training seminar in Columbus, OH on September 26th.  There is a fee, but in 8 hours you’ll learn more about the hazardous waste determination, how to manage hazardous waste and how to transport hazardous materials.

Summer is moving fast and the Michigan Pharmacists Association (MPA) annual medication collection at the Capitol is upon us again. Clean out your medicine cabinet and bring your unused,
unwanted, or expired household medications to the south Capitol lawn for safe disposal on Tuesday, September 10th from 10 a.m. to 1 p.m. If you are short of time, utilize the drop off tent on the east Capitol lawn at the intersection of Capitol Avenue and Michigan Avenue.

Items accepted include: controlled substances, narcotics, over-the counter medications, prescription medications, eye drops, inhalers, insulin, medicated ointments/lotions, medication samples, including pet medications, and vitamins/supplements from your home.

Items not accepted include: waste medications from businesses, medical waste (infectious sharps, needles, and syringes), or medications that are a hazardous waste or a hazardous drug (chemotherapy medications).

To hear more about the joint efforts to ensure safe drug disposal, preserve our drinking water, and prevent drug abuse, join us for the press conference at 11 a.m. on September 10th. To locate other medication collection locations, please see the Remedy for Residential Drug Disposal Brochure. For more information on this event, please contact the DEQ’s Environmental Assistance Center at 800-662-9278 or deq-assist@michigan.gov.

Fortunately for businesses that are not able to take advantage of this program, pharmaceuticals are a Universal Waste in Michigan.  Under the regulations of the Resource Conservation and Recovery Act (RCRA), Universal Wastes may be managed at a lower level of regulatory responsibility.  View this short presentation in order to learn more about the management of Universal Waste in Michigan.

Published in the July 17, 2013 Federal Register, the purpose of this Safety Alert Notice from the PHMSA is to advise Shippers and Carriers of HazMat of the risks associated with the under-odorization of Liquefied Petroleum Gases (LPG). (more…)

WASHINGTON – The U.S. Department of Transportation’s Federal Railroad Administration (FRA) today issued an Emergency Order and Safety Advisory to help prevent trains operating on mainline tracks or sidings from moving unintentionally. The FRA’s announcement was made in response to the July 6, 2013 derailment in Lac-Mégantic, Quebec, Canada, as it awaits additional data once the investigation into the crash is complete.  The actions announced today build on the success of FRA’s rigorous safety program, which has helped reduce train accidents by 43 percent over the last decade, and made 2012 the safest year in American rail history.

The Emergency Order is a mandatory directive to the rail industry, and failure to comply will result in enforcement actions against violating railroads.

“Safety is our top priority,” said U.S. Transportation Secretary Anthony Foxx.  “While we wait for the full investigation to conclude, the Department is taking steps today to help prevent a similar incident from occurring in the United States.”

Today’s Emergency Order outlines measures that all railroads must undertake within the next 30 days:

• No train or vehicles transporting specified hazardous materials can be left unattended on a mainline track or side track outside a yard or terminal, unless specifically authorized.
• In order to receive authorization to leave a train unattended, railroads must develop and submit to FRA a process for securing unattended trains transporting hazardous materials, including locking the locomotive or otherwise disabling it, and reporting among employees to ensure the correct number of hand brakes are applied.
• Employees who are responsible for securing trains and vehicles transporting such specified hazardous material must communicate with the train dispatchers the number of hand brakes applied, the tonnage and length of the train or vehicle, the grade and terrain features of the track, any relevant weather conditions, and the type of equipment being secured.
• Train dispatchers must record the information provided. The dispatcher or other qualified railroad employee must verify that the securement meets the railroad’s requirements, and they must verify that the securement meets the railroad’s requirements.
• Railroads must implement rules ensuring that any employee involved in securing a train participate in daily job briefings prior to the work being performed.
• Railroads must develop procedures to ensure a qualified railroad employee inspects all equipment that an emergency responder has been on, under or between before the train can be left unattended.
• Railroads must provide this EO to all affected employees.

“Today’s action builds upon a comprehensive regulatory framework we have had in place for some time,” said FRA Administrator Joseph C. Szabo. “The safe shipment of all cargo is paramount and protecting the safety of the American public is fundamental to our enforcement strategy and we are encouraged by the industry’s willingness to cooperate with this approach going forward.”

In addition to the Emergency Order, the FRA, together with the Pipeline and Hazardous Materials Safety Administration (PHMSA), issued a Safety Advisory detailing a list of recommendations railroads are expected to follow.  U. S. DOT believes that railroad safety is enhanced through the use of multiple crew members, and the Safety Advisory recommends railroads review their crew staffing requirements for transporting hazardous material and ensure that they are adequate. Other recommendations in the Safety Advisory include:  conducting system-wide evaluations to identify particular hazards that may make it more difficult to secure a train or pose other safety risks and to develop procedures to mitigate those risks.  A copy of the Safety Advisory can be viewed HERE.

“When PHMSA talks about the transportation of hazardous materials, safety is a prerequisite to movement,” said PHMSA Administrator Cynthia Quarterman. “We are taking this action today and we will be looking hard at the current rail operating practices for hazardous materials to ensure the public’s safety.”

As FRA continues to evaluate safety procedures following the recent crash, it will convene an emergency meeting of its Railroad Safety Advisory Committee to consider what additional safety measures may be required.  FRA plans to develop a website that will allow the public to track industry compliance with the Emergency Order and Safety Advisory issued today. FRA has developed a plan that outlines six major actions that have occurred or will occur to further ensure that our regulatory response to the Canadian rail accident remains transparent.

Under current DOT regulations, all freight railroads are required to develop and implement risk assessments and security plans in order to transport any hazardous material, including a plan to prevent unauthorized access in rail yards, facilities and trains carrying hazardous materials. Railroads that carry hazardous materials are required to develop and follow a security protocol while en route; railroad employees are subject to background checks and must complete training.  Training programs and protocols are reviewed and audited by the FRA routinely and generally designed to be progressive so as the level of risk increases so does the level of security required. A description of past, present, and proposed FRA actions on this issue can be found here.

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.

June 27 through July 31, 2013

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

Safety Advisory Guidance: Heating Rail Tank Cars To Prepare Hazardous Material for Unloading or Transloading

Pages 41853 – 41856 [FR DOC # 2013-16672]       PDF | Text | More

Specifications for Packagings

Pages 44894 – 44894 [FR DOC # 2013-18012]     PDF | Text | More

Hazardous Materials: Approval and Communication Requirements for the Safe Transportation of Air Bag Inflators, Air Bag Modules, and Seat-Belt Pretensioners (RRR)

Pages 45880 – 45893 [FR DOC # 2013-18263]     PDF | Text | More

Proposed Rules:

None

Notices:

Hazardous Materials: Revision to Fireworks Regulations (RRR)

Pages 42457 – 42478 [FR DOC # 2013-16986]     PDF | Text | More

Safety Advisory: Unauthorized Filling of Compressed Gas Cylinders

Pages 42817 – 42818 [FR DOC # 2013-17121]     PDF | Text | More

SafetyAlert: Safety Alert: Risks Associated With Liquid Petroleum (LP) Gas Odor Fade

Pages 42818 – 42819 [FR DOC # 2013-17120]     PDF | Text | More

Paperless Hazard Communications Pilot Program

Pages 43263 – 43268 [FR DOC # 2013-17363]     PDF | Text | More

Special Permit Applications

Pages 43268 – 43270 [FR DOC # 2013-17278]     PDF | Text | More

Office of Hazardous Materials Safety; Notice of Application for Special Permits

Pages 43270 – 43270 [FR DOC # 2013-17280]     PDF | Text | More

List of Applications Delayed

Pages 43270 – 43271 [FR DOC # 2013-17277]     PDF | Text | More

Office of Hazardous Materials Safety; Notice of Applications for Modification of Special Permit

Pages 43271 – 43272 [FR DOC # 2013-17279]     PDF | Text | More

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

State of Kansas; Authorization of State Hazardous Waste Management Program

Pages 43810 – 43817 [FR DOC # 2013-17566]     PDF | Text | More

Conditional Exclusions From Solid Waste and Hazardous Waste for Solvent-Contaminated Wipes

Pages 46447 – 46485 [FR DOC # 2013-18285]     PDF | Text | More

Proposed Rules:

State of Kansas; Authorization of State Hazardous Waste Management Program

Pages 43842 – 43843 [FR DOC # 2013-17038]     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.

USEPA’s Final Rule for its new solvent-contaminated wipe conditional exclusion was published in the  July 31, 2013 Federal Register and will go into effect six months from that date:  January 31, 2014 (read about the USEPA Conditional Exclusion for Solvent-Contaminated Wipes).  However, the new regulation will only be effective in states that lack an authorized hazardous waste program (Alaska, Iowa, Puerto Rico, and Indian Country).  It will not be effective in Wisconsin, which has an authorized hazardous waste program, until the WDNR is able to draft its own regulations.  Those regulations will be applicable only within Wisconsin, and may be more stringent than the USEPA’s but cannot be less so.  In the meantime, the regulated community in Wisconsin looking to learn how to manage its solvent-contaminated wipes should refer to WDNR policy on the subject found in this WDNR guidance document:  Handling Solvent-Laden Cleaning Towels, Wipes and Rags, Publication WA 1207, Rev. 2007 and summarized in this article. (more…)

DENVER – Executive Recycling, Inc. (a corporation) and Brandon Richter, age 38, of Highlands Ranch, Colorado, the owner and chief executive officer of Executive Recycling, were sentenced today by U.S. District Court Judge William J. Martinez for their roles in a fraudulent scheme related to the disposal and exportation of electronic waste to foreign countries, announced United States Attorney John Walsh, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Kumar Kibble and EPA Criminal Investigation Division Special Agent in Charge Jeffrey Martinez.  Executive Recycling, the corporation, was sentenced to pay a $4,500,000 fine and serve 3 years on probation.  Richter was ordered to serve 30 months in federal prison, followed by 3 years on supervised release.  Judge Martinez also ordered Richter to pay a $7,500 fine and $70,144 in restitution joint and several with the victims of the crime.  Richter was ordered to report to a Bureau of Prisons facility within 15 days of designation.  Judge Martinez also ordered $142,241.10 in asset forfeiture.

The defendants were convicted in December 2012 of multiple counts of mail and wire fraud and environmental crimes related to the illegal disposal of electronic waste, smuggling, and obstruction of justice, following an 11-day trial.

Last week former vice president of operations, Tor Olson, age 38, of Parker, Colorado, was sentenced to serve 14 months in prison, pay a $5,000 fine, and pay over $15,000 in restitution.  Olson remains free on bond pending appeal.

Executive Recycling, Inc., as a corporation, Brandon Richter and Tor Olson were indicted by a federal grand jury in Denver on September 15, 2011. The jury trial before Judge Martinez began on December 3, 2012. The jury reached their verdict on December 21, 2012.  Olson was sentenced on July 17, 2013.

According to the indictment, as well as the facts presented at trial, Executive Recycling was an electronic waste recycling business located in Englewood, Colorado with affiliated locations in Utah and Nebraska. The company collected electronic waste from private households, businesses, and government entities. Executive Recycling was registered with the Colorado Department of Public Health and Environment as a “Large Quantity Handler of Universal Waste.” Richter, as owner and CEO, was responsible for supervising all aspects of the company. Olson, the vice president of operations, was responsible for running day-to-day operations.

A significant portion of electronic waste collected by the defendants were Cathode Ray Tubes (CRTs). CRTs are the glass video display component of an electronic device, usually a computer or television monitor, and are known to contain lead. The defendants engaged in the practice of exporting electronic waste, including CRTs, from the United States to foreign countries, including the People’s Republic of China. The defendants regularly negotiated the sale of electronic waste to brokers who represented foreign buyers or who sold the electronic waste overseas. The foreign buyers often paid the defendants directly. To transport the electronic waste, the defendants used shipping cargo containers which were loaded at the company’s facility. The containers were then transported by rail to domestic ports for export overseas.

Executive Recycling appeared as the exporter of record in over 300 exports from the United States between 2005 and 2008. Approximately 160 of these exported cargo containers contained a total of more than 100,000 CRTs.

Between February 2005 and continuing through January 2009, the defendants knowingly devised and intended to devise a scheme to defraud various business and government entities who wanted to dispose of their electronic waste, and to obtain these business and government entities’ money by means of materially false and fraudulent pretenses. The defendants represented themselves on a website to have “extensive knowledge of current EPA requirements.” The defendants falsely advertised to customers that they would dispose of electronic waste in compliance with all local, state and federal laws and regulations. It was part of the scheme that the defendants falsely represented that they would dispose of all electronic waste, whether hazardous or not, in an environmentally friendly manner. Specifically, the defendants falsely represented that the defendant company recycled electronic waste “properly, right here in the U.S.” They also stated that they would not send the electronic waste overseas.

The defendants’ misrepresentation induced customers to enter into contracts or agreements with the defendants for electronic waste disposal. Each victim paid the defendants to recycle their electronic waste in accordance with the representations made by the defendants. Contrary to their representations, the defendants sold the electronic waste they received from customers to brokers for export overseas to the People’s Republic of China and other countries.

“The defendants in this case not only caused actual harm to the environment by shipping electronic waste overseas for dumping, they defrauded their customers by falsely claiming to be disposing of that waste in an environmentally safe way,” said U.S. Attorney John Walsh.  “As cases like this one show, federal investigators and the U.S. Attorney’s Office can and will reach beyond our country’s borders to investigate crime and prosecute wrongdoers.”

“This prison sentence and fine awarded to this CEO demonstrate that there are no shortcuts to following U.S. export laws,” said Kumar Kibble, special agent in charge of HSI Denver.  “This CEO also intentionally deceived the public for years by falsely advertising an environmentally friendly recycling business plan within the United States.  Instead, he regularly exported tons of obsolete and discarded electronic equipment containing toxic materials to third-world countries, and took actions to illegally hide these practices from government officials.”

“The defendants claimed to safely recycle e-waste in the U.S., but regularly exported obsolete and discarded electronic equipment with toxic materials to third-world countries,” said Jeff Martinez, Special Agent in Charge of EPA’s criminal enforcement office in Colorado.  “Pollution and greed respect no boundaries and EPA is committed to combating the illegal traffic of e-waste, which poses particularly significant environmental health risks in developing countries.”

This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Environmental Protection Agency Criminal Investigation Division and the Colorado Attorney General’s Office, Special Prosecutions Unit.

The defendants were prosecuted by Assistant U.S. Attorneys Suneeta Hazra and Valeria Spencer and Special Assistant U.S. Attorney Lillian Alves.

Use caution when selecting a company to handle your universal waste, hazardous waste, or used oil.  Their crimes could lead to your headaches.