Unless excepted by regulation, the transportation of a hazardous material in commerce will require the use of a shipping paper. (Read my article: What is a Shipping Paper?) 49 CFR 172, Subpart C contains the requirements of the Pipeline and Hazardous Materials Safety Administration (PHMSA) for a shipping paper accompanying a HazMat Shipment. However, the shipment of a HazMat may be subject to the regulations of more than just the PHMSA. If that is the case, then your shipping paper must be completed in a way that ensures compliance with all applicable regulations. The purpose of this article is to describe the requirements of the Federal Motor Carrier Safety Administration (FMCSA) for including information on a Bill of Lading. (more…)
Required Information on the Bill of Lading
Subscribe to the Transport Canada Dangerous Goods Newsletter
If you are involved with the transportation of hazardous materials/dangerous goods between the US and Canada or just interested in our neighbor to the north, you should be aware of the Dangerous Goods Regulations (DGR) of Transport Canada. One way to maintain an awareness-level knowledge of the status of transportation regulations north of the border is to subscribe to the TDG Newsletter. (more…)
The Four Hazardous Waste Accumulation Units
Unless exempted by regulation, in order to store hazardous waste onsite a generator of hazardous waste must either be a permitted Treatment Storage and Disposal Facility (TSDF) or comply with the Hazardous Waste Generator Standards of 40 CFR 262. 40 CFR 262.34 identifies the four Hazardous Waste Accumulation Units allowed a non-permitted generator and the compliance requirements of each. The purpose of this article is to describe the four Hazardous Waste Accumulation Units and summarize their regulatory requirements.
Who is Responsible for Submitting the Hazardous Material Incident Report?
The Hazardous Material Regulations (HMR) of the PHMSA/USDOT require the reporting of certain types of incidents that occur during the transportation of hazardous materials (HazMat). As a shipper or carrier of a HazMat you must be aware of the regulatory requirements and your responsibility for reporting a Hazardous Material Incident. This article will identify who is responsible for the reporting of a Hazardous Material Incident pursuant to the HMR.
Dudley, Mass. Packaging Plant to Pay Nearly $485K Penalty for Environmental Violations
Release Date: 04/08/2013
Contact Information: David Deegan, (617) 918-1017
(Boston, Mass. – April 8, 2013) – A packaging company has agreed to pay $484,900 in penalties to settle EPA claims that it violated numerous federal and state environmental regulations at its liquid and aerosol packaging facility in Dudley, Mass.
According to EPA’s complaint, filed in Sept. 2012, Shield Packaging Company, Inc. violated rules regarding hazardous waste management, chemical accident prevention, hazardous chemical inventory reporting, and oil pollution prevention contained in the Clean Air Act, the Emergency Planning & Community Right-to-Know Act, the Clean Water Act, and the Mass. Hazardous Waste Management Regulations.
EPA had alleged that Shield Packaging violated requirements in the Clean Air Act’s chemical accident prevention provisions by not fully developing and putting in place a risk management plan that adequately addressed processes that used extremely hazardous substances at the facility. The company also failed to submit a required inventory of all hazardous materials on site to emergency responders, and failed to fully implement an oil Spill Prevention, Control and Countermeasure plan, as required by federal law. Further, the company violated the Massachusetts Hazardous Waste Management Regulations by failing to conduct hazardous waste determinations on wastes at the facility, failing to manage hazardous wastes in accordance with required federal and state management practices, and failing to implement an adequate hazardous waste management training program at the facility.
“Failing to carefully follow hazardous waste management, chemical accident prevention, and oil spill prevention requirements poses increased risks of exposure to dangerous substances for both humans and the environment,” said Curt Spalding, regional administrator of EPA’s New England office. “Hazardous substances must be properly handled, stored and disposed of to ensure that the local community and first responders are not subject to unacceptable risks.”
Risk Management Plans help prevent accidental releases of substances that can seriously harm the public and the environment from short-term exposures. The plans also reduce the severity of releases that do occur. A company that fails to create and put in place this type of plan for an extremely hazardous substance can leave the public and environment at risk from accidental releases.
Hazardous chemical inventory reports required under the federal Emergency Planning and Community Right-to-Know Act help protect emergency personnel and the community by making them aware of which hazardous chemicals are present at a local facility.
Oil spill prevention plans required under the Clean Water Act help prevent accidental releases of oil from reaching nearby waters, by requiring facilities that store significant quantities of oil to adopt certain measures and controls that reduce the risks associated with releases.
The company cooperated with EPA throughout its investigation, and since EPA’s inspections, the company has completed some work and pledged to complete additional work to fix the problems identified at the facility.
Note the absence of a Hazardous Waste Training Program. I can’t say that my training services would have prevented all of these violations, but when you choose my Onsite Training Services, you get more than just training. The day prior to the training I will walk the site with you to gather information for the next day’s training, but I also will share with you my 20+ years of experience with the regulations of the USEPA, OSHA, and the PHMSA/USDOT.
A small investment in training can help to prevent huge fines like these. Contact me to arrange for the training you need.
Federal Court Approves Settlement of Environmental Claims Against Weylchem US, Inc. Facilities in Elgin and Lugoff, South Carolina
PRESS NOTICE
BILL NETTLES
UNITED STATES ATTORNEY
DISTRICT OF SOUTH CAROLINA
1441 Main Street, Suite 500 * Columbia, SC 29201 * (803) 929-3000
March 26, 2013
FOR IMMEDIATE RELEASE
CONTACT PERSON: James Leventis, AUSA
Harris-Young.Dawn@epa.gov
(404) 562-8421
COLUMBIA – U.S. Attorney Bill Nettles, the U.S. Department of Justice and the U.S. Environmental Protection Agency announced today that United States District Court Judge Cameron Currie approved a consent decree with Weylchem US, Inc. to resolve alleged violations of federal and state air, water, and solid waste pollution laws at Weylchem’s specialty chemical manufacturing facility in Elgin and its wastewater treatment plant in Lugoff. Under the consent decree, Weylchem agreed to perform corrective action measures and to pay a civil penalty of $500,000, of which $175,000 will be paid to the South Carolina Department of Health and Environmental Control. (more…)
Spray Products Corp. Settles Hazardous Waste Violations at Montgomery County, Pa. Facility
PHILADELPHIA (March 25, 2013) — Spray Products Corp. has agreed to pay a $25,000 penalty to settle alleged violations of hazardous waste regulations at its manufacturing facility in Plymouth Meeting, Pa., the U.S. Environmental Protection Agency announced today.
EPA cited Spray Products 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 inspection by officials from EPA and the Pennsylvania Department of Environmental Protection, EPA cited the company for RCRA violations involving hazardous waste stored at the facility, including waste solvents, waste acetone, waste heptanes, and universal waste lamps.
The alleged violations included: (more…)
FAQ’s About GHS, OSHA’s HazCom Standard, and its Impact on the Hazardous Material Regulations of the PHMSA/USDOT
By now everyone in the industry has heard about GHS and how it will affect the management of hazardous chemicals in the US. Since my training and expertise is currently limited to the regulations of the USEPA (and authorized States) and the PHMSA of the USDOT, I have strived to stay away from this revision to OSHA’s regulations. However, too many questions from too many people has convinced me that I can ignore it no longer. Also, though currently minor, GHS has affected the Hazardous Materials Regulations of the PHMSA/USDOT. And though not likely to become significant in the near future, there is the distinct possibility that future updates to the HMR will be affected by the current GHS. While not an expert in GHS and HazCom, the purpose of this article is to assemble in one place a variety of questions and answers those in the regulated industry are likely to have. (more…)
Collis Inc to Pay $31,379 Civil Penalty for Hazardous Waste Violations in Clinton, Iowa
Release Date: 04/02/2013
Contact Information: Ben Washburn, 913-551-7364, washburn.ben@epa.gov
(Lenexa, Kan., April 2, 2013) – Collis Inc, a manufacturer of metal racks and shelving brackets for refrigerators, has agreed to pay a $31,379 administrative civil penalty to settle several Resource Conservation and Recovery Act (RCRA) violations in Clinton, Iowa.
In addition to paying the civil penalty, the company will spend a minimum of $91,809 to replace high-mercury fluorescent fixtures with low-mercury fixtures and bulbs, and complete a project to reduce the generation of hazardous solvent waste as part of a Supplemental Environmental Project.
According to an administrative complaint filed by EPA Region 7 in Lenexa, Kan., EPA representatives conducted a compliance evaluation inspection at the company’s Clinton, Iowa, facility in June 2010, and noted several RCRA violations. RCRA regulates the storage, handling, and labeling of hazardous waste.
“The penalty and injunctive relief required by this agreement remind not just Collis, but all businesses subject to RCRA, that fulfilling environmental-protection duties is part of their job,” EPA Region 7 Administrator Karl Brooks said. “The Supplemental Environmental Project is another element of the case that will help to further protect human health and the environment for the people of Clinton.”
The violations at Collis included failure to perform a hazardous waste determination, storage of hazardous waste without a RCRA permit, and failure to manage used oil and universal waste in accordance with applicable regulations. Collis is still addressing requirements from a RCRA Corrective Action Order filed by EPA in 1993.
By agreeing to the settlement with EPA, Collis Inc has certified that it is now in compliance with all requirements of the RCRA regulations.
RCRA training is a good way to ensure that these types of violations don’t happen to you. Contact me to schedule the training you need in the format (Public Seminar, Onsite, Web-Based, or Self-Guided) of your choice.
USDOT/PHMSA Releases Brand New DOT Chart 15
Just like Nigel Tufnel’s amp that went up to 11, the new DOT Chart 15 is one more than the DOT Chart 14 it just replaced, making it TWO more than the DOT Chart 13. Whatever the number the DOT Chart 15 is the latest version of a guidance document created by the PHMSA of the USDOT. It contains a wealth of information – both text and images – of three of the four hazard communication methods (Markings, HazMat Labels, & Placards; only Shipping Papers are missing) and is invaluable to anyone involved in the transportation of hazardous materials: shippers, carriers, receivers, HazMat Employers, HazMat Employees, training providers, etc. Given the amount of helpful information it contains regarding the hazardous material regulations (HMR) it is hard to believe that it is only four pages. The purpose of this article is to briefly explain the content in a DOT Chart 15 to the uninitiated and to provide direction to where you may obtain copies of it for yourself. (more…)