An interesting aspect of a business like mine is its international application.  This question came from a university professor in South America.

Hi Daniel.

In a group of Hazardous Materials from emergency services a friend ask this:

“Seeking some guidance on policies relating to cost recovery for manpower and materials used in hazmat response to responsible parties. To fine tune it, when does your agency begin the process? Is it by gallons/ material, local environmental codes ordinances, or other. Any advice would be of great assistance.”

Can you bring us some advice about this?

Thank you.

My reply about a week later on November 20, 2017:

I will do my best to answer you questions and provide you with information.  Please note that my areas of expertise are the regulations – international and domestic – for the transport of HazMat/dangerous goods and the domestic regulations for the management of hazardous waste.

The Global Harmonization System (GHS) is a product of the United Nations that embodies an international approach to hazard communication using an agreed upon criteria for classifying hazardous chemicals and a standardized method to communicate the hazards through use of container labels and Safety Data Sheets (SDS).

The Occupational Health and Safety Administration (OSHA) within the U.S. Bureau of Labor has adopted most – not all – of the provisions of the GHS within its hazard communication regulations (aka: HazCom Standard).  They are found in Title 29 of the Code of Federal Regulations 1910.1200.

Appendix D to 29 CFR 1910.1200 indicates the required (and suggested) information to include in the SDS and the format.  Sections 1-11 and 16 are required, sections 12-15 may be included but are not required.

• Section 1—Identification:  Product identifier, manufacturer or distributor name, address, phone number, emergency phone number, recommended use, and restrictions on use.
• Section 2—Hazard(s) identification:  All hazards regarding the chemical and required label elements.
• Section 3—Composition/Information on ingredients:  Information on chemical ingredients and trade secret claims.
• Section 4—First-aid measures:  Required first aid treatment for exposure to a chemical and the symptoms (immediate or delayed) of exposure.
• Section 5—Fire-fighting measures:  The techniques and equipment recommended for extinguishing a fire involving the chemical and hazards that may be created during combustion.
• Section 6—Accidental release measures:  Steps to take in the event of a spill or release involving the chemical.  Includes:  emergency procedures, protective equipment and proper methods of containment and cleanup.
• Section 7—Handling and storage:  Precautions for safe handling and storage, including incompatibilities.
• Section 8—Exposure controls/Personal protection:  OSHA’s permissible exposure limits (PELs), threshold limit values (TLVs), appropriate engineering controls, and personal protective equipment (PPE).
• Section 9—Physical and chemical properties:  The chemical’s characteristics.
• Section 10—Stability and reactivity:  Chemical stability and possible hazardous reactions.
• Section 11—Toxicological information:  Routes of exposure (inhalation, ingestion, or absorption contact), symptoms, acute and chronic effects, and numerical measures of toxicity.
• Section 12—Ecological information:  How the chemical might affect the environment and the duration of the effect.
• Section 13—Disposal considerations—describes safe handling of wastes and methods of disposal, including the disposal of any contaminated packaging.
• Section 14—Transportation information—includes packing, marking, and labeling requirements for hazardous chemical shipments.
• Section 15—Regulatory information—indicates regulations that apply to chemical.
• Section 16—Other information—includes date of preparation or last revision.

If you are a shipper lithium cells or batteries in commerce you are likely aware of the current regulations applicable to their transport in commerce:

• Transportation solely within the U.S. (domestic) by all modes (highway, rail, vessel, & air) subject to the Hazardous Material Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration of the USDOT (PHMSA/USDOT).
• International transportation by vessel subject to the regulations of the International Maritime Organization (IMO).
• Domestic and international transportation by air subject to the regulations of the International Civil Aviation Administration (ICAO) but, more practically, those of the International Air Transport Association (IATA) which is used by the majority of the worlds air carriers.
• Domestic and international transportation with the U.S. Mail subject to the standards of the United States Postal Service (USPS).

The purpose of this article is to identify what are currently (as of 07.31.17) proposed revisions to the mailing standards of the USPS.

Note:  Unless specifically referenced, for the purposes of this article the term “battery” or “batteries” should be assumed to include “cell” or “cells”.

(more…)

The use, storage, and disposal of equipment containing PCBs (Polychlorinated biphenyls) is subject to USEPA regulations in Part 761 of Title 40 of the Code of Federal Regulations (40 CFR 761); regulations promulgated under the Toxic Substance Control Act (TSCA).  Despite a persistent belief to the contrary:  PCBs are not regulated under RCRA and are not a hazardous waste though they may be regulated as a hazardous waste by state regulations (be sure to check with your state).

Since February 5, 1990 the TSCA regulations of 40 CFR 761 has required generators of PCB waste to use a uniform hazardous waste manifest for its off-site transportation.  The use of the uniform hazardous waste manifest for shipments of PCB waste requires the generator/offeror of the waste to complete it differently than they would for a hazardous waste regulated under RCRA.

The purpose of this article is to identify and explain the requirements of 40 CFR 761.207 for the use of the uniform hazardous waste manifest for the off-site transportation of PCB waste. (more…)

This directive from the Federal Railroad Administration (one of many modal-specific administrations within the USDOT) requires the owners of DOT Specification 111 railroad tank cars to replace unapproved valves currently in use in ~6,000 of such transport vehicles.  The unapproved valves that are the subject of this directive are UNNR ball valves manufactured and sold by McKenzie Valve & Machining LLC.  During the investigation of several railroad tank cars found to be leaking Bakken Crude Oil it was determined that the valves (a 3″ valve is the real problem but the 1″ and 2″ versions must be replaced as well) were the source of the leak and were not approved for use on railroad tank cars.

The directive requires the owners of the tank cars to replace the unapproved valves on the following schedule:

• 3″ ball valves must be removed from railroad tank cars within 60 days of the directive date.
• 1″ & 2″ ball valves must be removed within 90 days of the directive date.
• After removal and replacement of the unapproved valves on each affected tank car they may be placed back into service transporting hazardous materials.

McKenzie may obtain approval for the continued use of its 1″ & 2″ ball valves in railroad tank cars transporting HazMat if it is able to demonstrate the safety of those valves and obtain approval from the Association of American Railroads (AAR) Tank Car Committee.

View the press release for this directive.

The Comprehensive Environmental Response, Compensation and Liability Act, aka: Superfund or CERCLA, accomplished the following:

• Provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.
• Enabled revision of the National Contingency Plan, which provides the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants.
• Directed the USEPA to establish reporting quantities for all hazardous substances.

The term “hazardous substance” is defined in CERCLA Section 101(14) and are listed at 40 CFR 302.4.  The hazardous substance list does not contain any previously unlisted substances, instead it includes substances that are listed or designated under other environmental statutes.  They include:

• All hazardous air pollutants (HAPs) listed under Section 112(b) of the Clean Air Act (CAA).  Radionuclides are hazardous substances because EPA designated them generically as hazardous air pollutants under Section 112(b) of the Clean Air Act.
  • Even though the source of their listing is the Clean Air Act, releases of radionuclides to all media, not just to air, are covered by CERCLA’s reporting requirements.
• Toxic pollutants that are subject to pretreatment standards under Section 307(a) of the Clean Water Act (CWA) and toxic pollutants that present an imminent danger to public health when discharged to waters of the United States as designated under Section 311(b)(2)(A) of the Clean Water Act.
  • All Clean Water Act hazardous substances are CERCLA hazardous substances, but only some CERCLA hazardous substances are Clean Water Act hazardous substances.
• Wastes that are regulated as listed and/or characteristic hazardous wastes under the Resource Conservation and Recovery Act (RCRA).  This includes thousands of hazardous wastes that are not specifically listed but that exhibit one or more of the characteristics of ignitability, reactivity, corrosivity or toxicity.  A material is considered to be a release of a CERCLA hazardous substance if the material was a waste prior to release, or if the substance is not cleaned up for reuse and thus must be disposed of as a RCRA hazardous waste after release.
• Any element, compound, mixture solution or substance designated under Section 102 of CERCLA that may present substantial danger to public health or welfare or the environment.
• Any imminently hazardous chemical substance or mixture that EPA has taken action against under Section 7 of the Toxic Substances Control Act (TSCA).  Any hazardous chemical substance or mixture that EPA has taken action against under this Act would automatically become a hazardous substance.  To date, EPA hasn’t designated any hazardous substances under the Toxic Substances Control Act.

What’s interesting is that under the Hazardous Material Regulations, PHMSA/USDOT has its definition of a Hazardous Substance (read:  The PHMSA Definition of a Hazardous Substance).  The PHMSA definition refers to the Hazardous Substance list maintained by the USEPA at 40 CFR 302.4 (see above).

Definition of “Waters of the United States” Under the Clean Water Act; Extension of Comment Period Pages 35712 – 35713 [FR DOC # 2014-14674] PDF | Text | More

Those regular readers of the Federal Register will not have failed to notice the recently published (June 24, 2014) extension to the comment period for the proposed rule regarding the definition of Waters of the United States under the Clean Water Act (CWA).  This is a very controversial topic and, no doubt, the sponsors of the proposed rule:  The US Environmental Protection Agency and the US Army Corp of Engineers are responding to public pressure in extending the deadline for interested parties to submit comments.  The new deadline by which comments on the proposed rule must be received is on or before October 20, 2014.  The original end to the comment period was scheduled for July 21, 2014.

For more information on the status of this proposed rule, refer to the USEPA website:  Clean Water Act Definition of “Waters of the U.S.”

The Bullet:

The Texas Commission on Environmental Quality (TCEQ) has created a new website to provide data to interested parties on the air emissions at the Eagle Ford Shale Geological Area in southeast Texas.

Who:

The Texas Railroad Commission or Railroad Commission of Texas (RRC) and the Texas Commission one Environmental Quality (TCEQ).

What:

The Eagle Ford Shale is a hydrocarbon-producing geological formation extending over 26 Texas counties.

The TCEQ webpage contains near real-time air monitoring data from the agency’s Auto GC monitor, sampling results and health effects evaluations by county and links to the Texas Air Monitoring System (TAMIS).  More information about the monitoring method can be found on the webpage.

Where:

The Eagle Ford Shale Geological Area stretches from the Mexican border between Laredo and Eagle Pass up through counties east of Temple and Waco.

When:

The TCEQ webpage was launched June 6, 2014.

How:

The Texas Railroad Commission has primary responsibility for rail and gas facilities in Texas.  The role of the TCEQ is limited to regulating air emissions and ensuring air quality.

Conclusion:

Refer to the TCEQ webpage: Eagle Ford Shale Geological Area for more information.

Due to the unique arrangement of the TCEQ and the RRC in Texas, the generation of waste during the exploration and production of oil and natural gas is subject to RRC regulations and not those of the TCEQ.  However, this authority changes for wastes that are generated “above the hole” during the transportation and processing of oil and natural gas.  Contact me with any questions you may have about the generation of waste within Texas and the applicability of the regulations of the TCEQ or the RRC to your operations.

US Labor Department’s OSHA places company in severe violator enforcement program

CINCINNATI – Environmental Enterprises Inc. has been cited by the U.S. Department of Labor’s Occupational Safety and Health Administration with 22 safety and health violations after a fire and explosion occurred at the Cincinnati waste treatment facility on Dec. 28. Two employees were severely burned by the fire, one fatally.

“Environmental Enterprises demonstrated a complete disregard for employee’s safety and health by failing to recognize and train employees on potentially dangerous interactions between materials being handled and tools in use,” said Bill Wilkerson, OSHA’s area director for its Cincinnati office. “Even after this tragic explosion, the company failed to immediately address procedures and ensure employees knew how to use appropriate personal protective equipment and properly handle hazardous waste such as sodium chlorate. OSHA is committed to protecting workers on the job, and educating employers about safety and health regulations.” (more…)

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…)