Compliance and Enforcement

Electro-Coatings of Iowa, Inc., to Pay $19,171 Civil Penalty for Hazardous Waste Violations in Cedar Rapids, Iowa

(Kansas City, Kan., July 26, 2012) – Electro-Coatings of Iowa, Inc., a chrome, nickel, and zinc plating operation, has agreed to pay a $19,171 civil penalty to the United States to settle a series of Resource Conservation and Recovery Act (RCRA) violations in Cedar Rapids, Iowa. In addition to paying the civil penalty, the company will spend a minimum of $110,000 to install technology that will reduce the amount of hazardous chrome waste generated at the facility as a supplemental environmental project.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., an EPA inspector conducted an inspection at the company’s Cedar Rapids facility in May 2011, and noted several violations of the federal act which regulates hazardous waste.

“Facilities that generate hazardous waste must ensure that the proper procedures are followed in the handling, storage, and management of the waste stream,” EPA Region 7 Administrator Karl Brooks said. “Proper management practices reduce the risk of harm to human health and the environment in the event of an accidental release.”

Electro-Coatings of Iowa, Inc., generates a large quantity of hazardous waste, over 1,000 kilograms per month. The violations included storage of hazardous waste for longer than 90 days without a RCRA permit, hazardous waste container management violations, emergency equipment violations, training violations, RCRA contingency plan violations, universal waste management violations, operation of a hazardous waste facility without a RCRA permit, and failing to comply with hazardous waste generator requirements, including failure to label waste containers, failure to date waste containers, and failure to keep waste containers closed.

By agreeing to the settlement with EPA, Electro-Coatings of Iowa, Inc., has certified that it is now in compliance with the RCRA regulations.

RCRA Training is the Solution for South Carolina Company Facing EPA Fines for Hazardous Waste Violations

Sumter Coatings, Inc. (SCI) in Sumter, SC must pay a $55,000 civil penalty as part of a settlement with the US Environmental Protection Agency for violations of the Resource Conservation and Recovery Act (RCRA) regulations discovered at its facility during a joint US EPA & SC Department of Health and Environment inspection (press release).  Alleged violations of the hazardous waste regulations include:

  • Improper management of hazardous waste containers on site;
  • Failure to provide a sufficient base beneath containers which held hazardous waste;
  • Failure to make a hazardous waste determination;
  • Failure to inspect all areas where hazardous waste containers are stored weekly;
  • Failure to develop personnel training program to ensure compliance with hazardous waste regulations;
  • Failure to update information contained in the contingency plan, along with failing to make arrangements with local police and hospital authorities regarding the contingency plan and submitting copies of the contingency plan to first responders.
Along with the civil penalty noted above, the EPA also required the company to develop a personnel training program, develop a schedule for implementation of the training program, and identify facility employees that require training.

It is sadly ironic that yet another company is developing a training program under the shadow of an enforcement action when proactive implementation of RCRA training could have precluded the violations from occurring in the first place.  Hazardous waste training is required for all personnel of a large quantity generator who handle, manage, generate, work around, treat, recycle, etc. hazardous waste and is highly recommended for similar employees of small quantity generators.  In addition to being a regulatory requirement, it is also a good way for you and your personnel to maintain compliance with the full array of hazardous waste regulations applicable to your operations.

I can provide RCRA Training and DOT HazMat Employee training in a variety of formats and locations; either at my open enrollment events held nationwide and year round, or right at your facility with on-site training tailored to your site-specific needs.  Please review my training schedule to find a date and location convenient to you, or contact me for a free training consultation.

Electroplater in Cedar Falls, IA Must Cleanup its Property Subject to RCRA’s Authority

Under the authority of the Resource Conservation and Recovery Act (RCRA), US EPA Region 7 ordered an out of business electroplater in Cedar Falls, IA to immediately comply with RCRA regulations and cleanup hazardous waste contamination on its property (press release).

RCRA is typically known for its regulation of hazardous waste “Cradle to Grave”.

  • “Cradle” being the hazardous waste generator,
  • “to” being the transportation of the hazardous waste to off-site treatment, storage, or disposal, and;
  • “Grave”, the final disposition of the waste, typically by application into or on the land.

Less well known is RCRA’s provisions for the remediation or cleanup of hazardous waste from active hazardous waste facilities – such as this one – both generators (ie. Cradle) and Treatment Storage and Disposal Facilities (ie. Grave).

RCRA authority however, does not extend to the remediation and cleanup of hazardous waste contamination at inactive or abandoned sites or from spills that require emergency response.  The cleanup of these sites is left to CERCLA, the Comprehensive Environmental Response, Compensation, and Liability Act; commonly called Superfund.

Whatever the Act or regulation, improper management of hazardous waste can result in significant costs in the form of agency fines and the need for cleanup.  Contact me to ensure your RCRA training and DOT HazMat Employee training is sufficient to prevent an enforcement action of this type.

Significant Hazardous Waste Penalties and Fines for Another Company

“PHILADELPHIA (March 8, 2012) — Ellwood Quality Steels Company has agreed to pay a $150,000 penalty to settle alleged violations of hazardous waste regulations at its manufacturing facility in New Castle, Pa., the U.S. Environmental Protection Agency announced today.”  Based on the information contained in the full US EPA news release, let’s determine the cost for Ellwood Quality Steels Company to comply with the regulations and avoid this fine.

 

  1. 1.       “…a variety of hazardous waste including electric and ladle arc furnace dust, which was contained in two tractor trailers without being marked as hazardous waste;” – Since no mention is made to the contrary, I’ll assume the two tractor trailers meet the US EPA definition of a container found at 40 CFR 260.10:  Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.  A roll of 500 labels bearing the words “Hazardous Waste” = $65.  Add the date of accumulation, ie. the date hazardous waste first was placed in the container, and your back in compliance.
  2. 2.       “…improperly disposing of mercury-containing universal waste lamps in its arc furnace without a hazardous waste permit.” – Cost for disposing of 500 x 4’ fluorescent lamps with Lamptracker = $450.
  3. 3.       “… stored hazardous waste for more than 90 days without a storage permit;” – This one’s a wash since it doesn’t cost anything extra to ship hazardous waste off-site prior to 90 days.  There are some instances when a Large Quantity Generator of hazardous waste may legally exceed the 90 day on-site accumulation limit without a permit, read more about it here.  Compliance with the regulations, in this case however, is free.
  4. 4.       “failed to keep hazardous waste containers closed;”  – Hazardous waste containers must be kept closed except when adding or removing waste, read more here.  New Pig Latching Drum Lid = $275.
  5. 5.       “failed to minimize the possibility of releases of hazardous wastes;” – I’m unsure what is meant by this, but since Pennsylvania is one of the few States that requires a containment system for the storage area of a hazardous waste generator [the others are: AL, CA, CT, MA, MN, SC (if LQG), WA, & MO (if >1,000 kg)], I’ll assume they didn’t provide proper containment.  I’m no contractor, so let’s assume the total cost to construct a storage area with containment = $25,000.
  6. 6.       “failed to conduct weekly inspections;” – Large and Small Quantity Generators of hazardous waste must weekly inspect their hazardous waste accumulation and storage areas, read more here.  The inspections can be completed by any employee trained sufficiently to perform their duties in compliance with the regulations.  Cost in lost time spent performing the inspection = $50/week = $2,600/year.
  7. 7.       “failed to provide hazardous waste training;” – I provide on-site training that meets the requirements of the US EPA for Hazardous Waste Personnel and the US DOT for HazMat Employees for $1,749.
  8. 8.       “failed to prepare and maintain hazardous training records;” – I provide these records as part of my on-site training; cost = $0.
  9. 9.       “failed to properly fill out hazardous waste manifests;” – I address the proper completion of the Uniform Hazardous Waste Manifest at my on-site training and at my open-enrollment training at no additional cost.
  10. 10.   “and failed to comply with universal waste labeling/marking requirements.” – Though provided relief from full regulation under RCRA, universal waste still has specific labeling and marking requirements.  Learn how to comply with the regulations at one of my training events.  Purchase 100 universal waste labels from Labelmaster for $44.

Total cost to comply with regulations = $27,583 + $2,600/year for inspections.  Consider that the cost of the fines doesn’t begin to cover the total costs to the company in lost time, headaches, lawyer and consultant fees, etc.  No matter what math you use, it’s always less expensive to comply with the regulations than it is to pay the fines.

Please contact me for a free consultation; I can help you decide if you’d be better attending one of my open enrollment training events or having me conduct on-site training at your facility.

Notification of Regulated Waste Activity Form for Hazardous Waste Generators

The US EPA requires you to submit a Notification of Regulated Waste Activity (8700-12) Form for certain activities involving wastes subject to the regulations of the Resource Conservation and Recovery Act (RCRA).  A Notification is required if you handle a regulated waste or hazardous secondary material and may be required under the following circumstances:

  • You are a Large Quantity Generator (LQG) or Small Quantity Generator (SQG) of hazardous waste.  A Conditionally Exempt Small Quantity Generator of hazardous waste (CESQG) is not required to notify.
  • You are a Large Quantity Handler of universal waste (accumulate >5,000 Kg of universal waste).
  • You recycle hazardous waste.
  • You transport, process, or re-refine used oil; burn off-spec used oil for energy recovery; or market used oil.  The generation, storage, and off-site transportation of used oil is not subject to notification.
  • You are an eligible academic entity opting into 40 CFR 262, Subpart K.
  • You are managing a hazardous secondary material.

Upon receipt of an initial notification form, your site will be issued a unique EPA ID number by the US EPA.  This number is specific to the geographic location of your site and does not change if you sell the property or expire if you go out of business.

If you already have an EPA ID number, you must submit a subsequent notification for changes in any of the following:

The Notification of Regulated Waste Activity Form is the method the US EPA or your state environmental agency (see below) relies on to track your regulated waste activities.  It is your responsibility to ensure the information they have is up-to-date, accurate, and complete. The US EPA recently updated its Notification of Regulated Waste Activity Instructions and Form Booklet in December 2011 and it contains very helpful information.

Many states with authorized hazardous waste programs have their own procedures and requirements for submittal of the initial and subsequent notification forms.  State-specific regulations may include:

  • A state-specific notification form in lieu of the federal form.
  • Time lines for submittal of the initial and subsequent notifications.
  • If using the US EPA form, a state mailing address for submittal.
  • Fees to accompany the notification.

It is very important that you check with your state to ensure your submittal meets their requirements.  

My training services cover the hazardous waste regulations of the US EPA and the HazMat Employee regulations of the US DOT.  I provide open enrollment training events nationwide and year round (my schedule) and on-site training to meet your exact needs.  Please contact me to arrange for the exact training services you require.

Extensions to the 90/180 Day On-Site Accumulation Time Limits for Hazardous Waste Generators

If you are a generator of hazardous waste, one regulatory requirement you are no doubt familiar with are the limits on the number of days you may accumulate hazardous waste on-site without a permit.  These limits are:

  1. Large Quantity Generator (LQG) – no more than 90 days.
  2. Small Quantity Generator (SQG) – no more than 180 days.
  3. Conditionally Exempt Small Quantity Generator (CESQG); aka: Very Small Quantity Generator (VSQG) in some states, no time limit.

Take this brief survey to determine your hazardous waste generator status if you are unsure.  There are exceptions to every rule, however, as there are exceptions to the 0n-site accumulation time limits for LQGs and SQGs.

Extensions available to LQGs found throughout 40 CFR 262.34:

  1. 262.34(b) allows an LQG to accumulate hazardous waste on-site beyond 90 days if they have been granted an extension by the USEPA for “unforeseen, temporary, and uncontrollable circumstances”.  The extension may be for up to 30 days and is granted at the discretion of the Agency on a case-by-case basis.
  2. 262.34(g) allows an LQG who also generates an F006 listed hazardous waste (wastewater treatment sludges from electroplating operations) to accumulate the F006 listed hazardous waste only on-site for up to 180 days.  No notification to the US EPA is necessary, however, the generator must comply with the requirements of 262.34(g)(1-4) to take advantage of this exception (read about the F006 waste extension).
  3. 262.34(h) allows LQGs who take advantage of 262.34(g) to extend their on-site accumulation beyond 180 days to 270 days if its Treatment Storage and Disposal Facility (TSDF) is at least 200 miles away or greater from its facility.  The generator doesn’t need to gain the permission of the USEPA in order to take advantage of this extension, though be prepared to explain why you chose a TSDF 200 miles away instead of one closer.
  4. 262.34(i), similar to 262.34(b), allows for a 30 day extension of the 180 or the 270 day limit for F006 waste if the generator is granted an extension from the USEPA due to, “unforeseen, temporary, and uncontrollable circumstances”.  As before, this extension is granted at the discretion of the Agency on a case-by-case basis.

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Extensions available to SQG’s also found in 40 CFR 262.34:

  1. 262.34(e) allows an SQG to accumulate hazardous waste on-site for up to 270 days if its TSDF is at least 200 miles away or greater from its facility.  The generator doesn’t need to gain the permission of the US EPA in order to take advantage of this extension.  Be prepared to justify your selection of a TSDF that is 200 miles away or more.
  2. 262.34(f) allows an SQG to accumulate hazardous waste on-site beyond 180 or 270 days if they have been granted an extension by the USEPA for “unforeseen, temporary, and uncontrollable circumstances”.  The extension may be for up to 30 days and is granted at the discretion of the Agency on a case-by-case basis.

262.34(j-l) lists extensions available to Performance Track Members, but don’t waste time on these, the National Environmental Performance Track is kaput.

If your shipment of hazardous waste is rejected by the designated facility for some reason, 262.34(m) allows both LQGs and SQGs in this situation to manage their waste subject to the routine 90/180 day time limits, request an extension from the Agency for an additional 30 days, or – for SQGs only – keep the waste for up to 270 days if the TSDF is 200 miles away or greater.

There is one more extension to the 90/180 time limit allowed by regulation and that is for hazardous waste in Satellite Accumulation Areas pursuant to 40 CFR 262.34(c).  This exception allows unlimited time for on-site accumulation of hazardous waste (some states differ) without permit  or permission from the USEPA, it does however, come with some rather vague requirements that I will address in a later article.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

The regulations can seem strict and unyielding, but built into them are exceptions that may make your life as a hazardous waste generator easier if you know where they are and how to use them.  Proper training can point you in the right direction.

US EPA Compliance and Enforcement Annual Report for 2011

You are no doubt aware that the US Environmental Protection Agency is serious about enforcing its regulations in order to live up to its mandate to protect the environment.  The Office of Enforcement and Compliance Assurance (OECA) within the US EPA is tasked with carrying out this enforcement through a variety of measures.  From its website, the OECA…  “aggressively goes after pollution problems that make a difference in communities through vigorous civil and criminal enforcement that targets the most serious water, air and chemical hazards. OECA also advances environmental justice by protecting vulnerable communities.”

How do they do this?  Again, from its website:  “Through improved transparency and community participation, we are enlisting the public’s assistance to ensure compliance nationwide, and that no entity enjoys an unfair economic advantage from noncompliance with the nation’s environmental laws.” It’s the reference to “…improved transparency and community participation…” that should be of concern to the regulated community.  I am in favor of transparency.  I think our businesses, government, and communities function better when we have equal access to public information.  As a business, however, you should be aware that to a greater degree than ever before, information about your company – especially the results of inspections, investigations, and enforcement actions – are made available to the public.

One example of this is the US EPA Compliance and Enforcement Annual Results for 2011 Fiscal Year.  This website contains a wealth of information about US EPA’s enforcement and compliance activities for the year just past.  It includes a lot of bare statistics of interest that you may wish to peruse, but of more interest to the regulated community is the Enforcement Cases Map.  Once opened, you may select or unselect the type of enforcement activities you are interested in, in my case “Waste”.  The map will then reveal the location of all US EPA investigations that resulted in enforcement for violations of the Resource Conservation and Recovery Act (RCRA).  Click on a location and you may read information about the site.  Select “More Information” and you are taken to the US EPA’s website:  Enforcement and Compliance History Online (ECHO).  Here you find a “Detailed Facility Report” which contains a snapshot of the facility’s compliance history with the US EPA, not just waste, but air, water, emergency reporting, and more.

It has been – and will continue to be – a priority of the Obama administration to make public information easily available to the public.  As a business, you need to be aware of this reality and be prepared to take the following steps:

  1. Review any information about your company that is made public to ensure it is accurate.  Make corrections if it is not.
  2. Communicate proactively with your neighbors, community, state, region, etc. to inform them of what you are doing to maintain your business within the limits of the regulations.  Also inform them of any efforts beyond the regulations to reduce, reuse, and recycle.
  3. Avoid violations in the first place by ensuring compliance with the regulations.

For this last point, I suggest you attend one of my EPA & PHMSA/DOT open enrollment training events.  There, in one day, you will get a good understanding of the US EPA regulations for the management of hazardous waste and the PHMSA/DOT regulations for the transportation of hazardous materials.

If you have many employees to train, contact me for on-site training where for one flat fee of $1,749 for one day I can train as many as you need.

The Hazardous Waste Determination for Spent Organic Solvents as an F-Listed Hazardous Waste

The US EPA has identified two different categories of hazardous waste:  characteristic and listed.  Characteristic hazardous waste must exhibit specific characteristic as defined at 40 CFR 261, Subpart C.  Usually lab analysis by a US EPA-approved test method plays an important part in characteristic hazardous waste determination, though not necessarily the only part.  Characteristic hazardous waste includes the following:

A listed hazardous waste must meet the defined use or status as listed at 40 CFR 261, Subpart D.  Analysis usually plays a minor role in determining if a waste is listed; safety data sheets (SDS) and generator knowledge are much more important in making this determination.  Listed wastes include the following:

  • F-listed waste from non-specific sources of a manufacturing process –waste codes F001 to F039.
  • K-listed waste from specific sources of a manufacturing process – waste codes K001 to K181.
  • P & U-listed waste from discarded commercial chemical products, off-specification species, container residues, and spill clean-up materials – waste codes P001 to P205 and U001 to U411.

The F-listed hazardous wastes can be further broken down into the following groups:

  • Spent solvent wastes (F001 – F005).
  • Wastes from electroplating and other metal finishing operations (F006 – F012, F019).
  • Dioxin-bearing wastes (F020 – F023 and F026 – F028).
  • Wastes from the production of certain chlorinated aliphatic hydrocarbons (F024, F025).
  • Wastes from wood preserving (F032, F034, and F035).
  • Petroleum refinery wastewater treatment sludges (F037 and F038).
  • Multi-source leachate (F039).

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Spent solvent wastes are the most commonly generated listed hazardous wastes because of their frequent use in manufacturing processes such as painting, degreasing, and cleaning.  Just because you utilize a process similar to these or use a solvent in some other way, does not necessarily mean you must apply an F-code, instead the correct application of an F-code depends on how the solvent is used, the percentage of its constituents before use, and – for F003 only – whether or not the characteristic of Ignitability is present.

Keep in mind that more than one waste code (listed and characteristic) may apply to any waste.  A D001 for Ignitability is common in many solvents.  Depending on how it was used, a solvent may contain metals above the regulatory threshold and require a D-code for Toxicity.

Also, as I’ll note later, some of these determinations can be very tricky and the states have taken slightly different interpretations than the US EPA; be sure to check with your state environmental agency to assist you in your waste determination.

The first criteria in your waste determination is if the solvent in question is listed.  The list of thirty solvents (40 CFR 261.31) includes many common ones such as:  xylene, toluene, acetone, methylene chloride (aka: dichloromethane), and many others.  It doesn’t include common solvents such as:  mineral spirits or Stoddard solvent.  If its technical name does not appear on the list, than that F-code would not apply, though other waste codes may.

The F-listed solvents are:

Hazardous Waste CodeHazardous Waste
(Solvent Name)		Hazard Code
F001Tetrachloroethylene(T)
Trichloroethylene(T)
Methylene chloride(T)
1,1,1-Trichloroethane(T)
Carbon tetrachloride(T)
Chlorinated fluorocarbons(T)
F002Tetrachloroethylene(T)
Methylene chloride(T)
Trichloroethylene(T)
1,1,1-Trichloroethane(T)
Chlorobenzene(T)
1,1,2-Trichloro-1,2,2-trifluoroethane(T)
Ortho-dichlorobenzene(T)
Trichlorofluoromethane(T)
1,1,2-Trichloroethane(T)
F003Xylene(T)
Acetone(T)
Ethyl acetate(T)
Ethyl benzene(T)
Ethyl ether(T)
Methyl isobutyl ketone(T)
n-butyl alcohol(T)
Cyclohexanone(T)
Methanol(T)
F004Cresols & cresylic acid(T)
Nitrobenzene(T)
F005Toluene(T)
Methyl ethyl ketone(T)
Carbon disulfide(T)
Isobutanol(T)
Pyridine(T)
Benzene(T)
2-Ethoxyethanol(T)
2-Nitropropane(T)

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Second, the waste must have been used as a solvent for its solvent properties, that is, to solubilize (dissolve) or mobilize other constituents.  This includes:  degreasing, cleaning, fabric scouring, extractions, reactions, and synthesis media.  “Used as a solvent” does not include solvents used as ingredients in the formulation of a product.  The best example of this is a solvent used to thin paint; solvent used in this manner, even if listed and spent, would not be an F-listed hazardous waste.

Next, the solvent must be spent.  If it is virgin material, than an F-code would not apply, however it may have the characteristic of Ignitability (D001) and/or may be a U-listed waste (eg. acetone – U002, Benzene – U019, Toluene – U220).  A solvent is considered “spent” when it has been used and is no longer fit for use without being regenerated, reclaimed, or otherwise reprocessed (see 50 FR 53316, 12/31/85).

If being reclaimed by distillation or some other method, the solvent would not be spent and the F-code would not apply.  A material may be treated and reused in this manner until such time it is no longer useful to you and is therefore spent.  Note however, that the byproducts of the distillation process (still bottoms, pancakes, pugs, solids) are a listed hazardous waste if the above criteria are met.

A spent solvent that appears on the F-list still must meet some specific criteria before you can determine which waste code(s) – if any – will apply.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

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F001, F002, F004, & F005:

First, note the absence of F003, more on it later.  If a spent solvent mixture contains 10% or more of any one solvent listed in F001, F002, F004, & F005 or a combination of any of them at an aggregate of 10% or more, than all appropriate F-codes would apply.  The determination of the concentration must be made before use of the solvent, not once it has become spent and therefore requires the use of a MSDS.

F001:

The F001 waste code is only applied to a spent solvent “used in degreasing” which means a “large-scale industrial degreasing operation”.  The F001 waste code would not apply to a solvent used for some purpose other than degreasing.  Some – but not all – solvents are listed in both F001 & F002 (e.g. methylene chloride).  If listed in both you must determine which of the two waste codes to apply, you will not use both (RO 13469).

F003:

This one is really tricky.  There are two ways that a spent solvent may be F003 listed:

  1. The solvent mixture contains only an F003 listed solvent.  A technical grade concentration with small impurities is acceptable as well (RO 13675).  Or…
  2. The solvent mixture contains any F003 listed solvent at any concentration and any combination of other F-listed solvents (F001, F002, F004, F005) at a concentration of 10% or greater.

A final requirement for the application of the F003 waste code hinges on the spent solvent’s characteristic of Ignitability at the point of generation.  The F003 waste code is listed solely because of its characteristic of Ignitability, thus the ‘I’ in the “Hazard Code” column of the F-list table in 40 CFR 261.31.  What this means is that even if one of the two above criteria are met but the spent solvent does not have a flash point of <60 °C (140 ˚F) – and is therefore not a D001 ignitable hazardous waste – then the F003 waste code would not apply.  In other words, no D001…no F003.  Read: What are ICR-Only Listed Hazardous Waste?

Where the application of the F003 code gets even trickier is if you throw F003 solvent contaminated shop towels into the argument.  This will have to be a topic for a later article.  Also problematic is the determination of the flash point of the solvent at the point of generation.  In some cases, a waste may be an ignitable D001 hazardous waste at the point of generation but later lose this characteristic.  In that case, the D001 waste code may no longer apply but the land disposal restrictions of 40 CFR 268 might.  Also, some states don’t accept the whole, “the D001 used to apply, but now it doesn’t”.  Be sure to check with your state environmental agency to see how their interpretation of these regulations applies to your operations.

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The above is only one small part of the hazardous waste determination process, which is something you must do and document for every waste you generate.  The determination is only the first step in determining your hazardous waste generator status and then the applicable requirements.  Contact me if you have any questions about F-Listed solvents, hazardous waste, the hazardous waste determination or any of the USEPA (and state) regulations for the cradle-to-grave management of hazardous waste.

Hazardous Waste Personnel Training

No matter the job, most professionals agree that good training is an effective way to communicate the proper procedure to perform a task.  If you generate any hazardous waste at all, you should have a method to communicate the appropriate information to affected employees; training may be the method you use.  Depending on the amount of hazardous waste you generate – take this survey to determine your generator status – you may be required to provide training of a specific format at a set frequency in order to maintain compliance.

  • A Conditionally Exempt Small Quantity Generator (CESQG) of hazardous waste is not required by regulation to conduct any training for its facility personnel, though awareness of the applicable regulations and safe work practices is a good idea.
  • A Small Quantity Generator (SQG) of hazardous waste is required to “ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies” [40 CFR 262.34(d)(5)(iii)].  While it does not explicitly require formal training, completion of some form of documented training of your employees is recommended to ensure compliance.
  • A Large Quantity Generator (LQG) of hazardous waste must provide and document annual training for facility personnel as required by 40 CFR 265.16.

“But wait a minute”, you say; 40 CFR 265.16 –indeed all of 40 CFR 265 – is written for owners of hazardous waste Treatment Storage and Disposal Facilities (TSDF’s) and doesn’t apply to a generator of hazardous waste like me.  True, but the regulations for LQG’s found at 40 CFR 262.34(a)(4) mandate compliance with 40 CFR 265.16.  As an LQG you therefore have the same training requirement for your facility personnel as a TSDF.

Those who must receive training i.e., facility personnel are defined as “all persons who work at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of part 264 or 265 of this chapter” (40 CFR 260.10).  In other words, any employee – including temps, contractors, part or full-time, consultants, off-site managers, and others – whose lack of knowledge about the hazardous waste regulations could result in a violation of same must receive training.

One exception is employees who work only with hazardous waste in a satellite accumulation area (SAA).  This is because the regulations for SAA’s at 40 CFR 262.34(c)(1)(i) do not include a reference to the training requirements of 40 CFR 265.16 or any other.

It is up to you as the generator to determine the content of your training, US EPA only provides two performance standards:  the training must teach facility personnel…

  • “…to perform their duties in a way that ensures the facility’s compliance with the requirements of this part.”  And;
  • “…hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.”

So, you must identify what RCRA regulations are applicable to your facility and then instruct employees on what they must do to maintain compliance.  Training must also include procedures your facility has developed to manage its hazardous waste.

US EPA is clearer about what it expects the training to include regarding emergency response:  “At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including where applicable:

  • Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
  • Key parameters for automatic waste feed cut-off systems;
  • Communications or alarm systems;
  • Response to fires or explosions;
  • Response to ground-water contamination incidents; and
  • Shutdown of operations.

Speaking of emergency response training, you may use this opportunity to meet other regulatory requirements, such as:

  • The Occupational Health and Safety Administration (OSHA) Hazard Communication Standard (29 CFR 1910.1200).
  • The OSHA Hazardous Waste Operations Standard or HAZWOPER (29 CFR 1910.120).
  • The Pipeline and Hazardous Materials Safety Administration (PHMSA) of the US DOT requires safety and emergency response training for HazMat Employees [49 CFR 172.704(a)(3)].

However, please note that these are the distinct training requirements of different agencies.  While it may be possible to combine them into one session, the responsibility to ensure all of the individual regulations are met is yours alone.

Some other useful information about RCRA facility personnel training:

  • An annual review of the initial training is required.  Read a US EPA interpretation letter for a more nuanced understanding of this requirement (RO 14286).
  • It may be classroom instruction or on-the-job training.
  • No duration for the training is set; it must take as long as necessary to convey the applicable information.
  • The training program must be directed by a person who has received training per the requirements of 40 CFR 265.16.
  • The requirement to properly document the training should be read carefully as it is very specific [40 CFR 265.16(d)].
  • Employees must be trained within 6 months of employment or new job assignment.

If you are an LQG, annual RCRA training is required for your facility personnel.  As noted just above, the person responsible for directing the training program must receive annual training as well.  Anyone who prepares a hazardous waste for off-site shipment or signs a manifest must also have the triennial HazMat Employee training required by PHMSA at 49 CFR 172, Subpart H.  My training – either open enrollment, or on-site – fulfills both of these training requirements in one day. I travel all over the country all year round, so check out my schedule to find a date and location convenient to you.  Or, contact me to schedule on-site training where I can train all of your HazMat Employees and facility personnel for one flat fee.

Pharmaceuticals as Hazardous Waste

(Kansas City, Kan., Nov. 23, 2011) – Eldo W.R.M.S., Inc., a commercial goods salvage wholesale and retail business, has agreed to pay a $23,900 civil penalty to the United States to settle a series of hazardous waste violations at its facility in Grandview, MO (more).  Read the whole news release and you’ll learn that the most significant violation had to do with the incorrect on-site management and off-site disposal of pharmaceuticals.  You may be surprised to learn that pharmaceuticals are not identified specifically in the RCRA regulations (40 CFR 239 to 299), nor is there any exclusion from the regulations allowed.  Rather, they are subject to the hazardous waste determination requirements of 40 CFR 262.11 the same as any other discarded material and may have to be managed as a hazardous waste.  It may also surprise you to learn that there are no US EPA regulations specifically regarding the management or off-site shipment of medical waste.  In the absence of Federal regulation of medical waste, many states have created their own, but they don’t include pharmaceuticals (see here for more information).  If you generate pharmaceuticals as a waste, you should be aware of the applicable regulations, your disposal options, and some potential regulatory relief coming down the pike.

This US EPA website has a lot of helpful information about pharmaceuticals:  what they are, their dangers, and proper disposal methods; as part of a larger group of potential pollutants known as Pharmaceuticals and Personal Care Products (PPCP’s).  PPCP’s include:

  • Prescription and over-the counter therapeutic drugs
  • Veterinary drugs
  • Fragrances
  • Cosmetics
  • Sun-screen products
  • Diagnostic agents
  • Nutraceuticals (e.g., vitamins)

Sources of PPCP’s include:

  • Human activity
  • Residues from pharmaceutical manufacturing (well defined and controlled)
  • Residues from hospitals
  • Illicit drugs
  • Veterinary drug use, especially antibiotics and steroids
  • Agribusiness

The dangers to the environment from PPCP’s lies in their ability to infiltrate water systems relied upon for drinking water or wildlife, thus the importance of compliance with the regulations.  Without any current regulations addressing PPCP’s specifically, you must manage it as any other discarded material:

  • Determine if it is subject to any of the regulatory exemptions for solid waste or hazardous waste.
  • Determine if it is subject to the recycling exemption.
  • Determine if it is either a listed or characteristic hazardous waste.
  • If it is a hazardous waste, count it towards your generator status threshold.
  • Comply with the applicable regulatory requirements of your generator status.
  • Ensure your off-site transportation and disposal is with a licensed hazardous waste hauler and medical waste disposal facility.

I mentioned the possibility of regulatory relief, didn’t I?  There is a proposal to include pharmaceuticals with the current universal wastes.  This could be a great relief to generators of this waste as the universal waste regulations allow for longer on-site accumulation, less stringent container requirements, and little to no inspection and training; learn more about universal waste here.

Pharmaceuticals and PPCP’s are just one of many types of waste that require your attention.  If you generate any hazardous waste or ship or receive any hazardous material, you will benefit from my training events where I meet and exceed both the US EPA hazardous waste and the US DOT HazMat Employee training requirements in one day.  Review my schedule to find a date and location convenient to you or contact me to schedule on-site training.