EPA Fines Kawasaki Rail Car for Improper Storage and Handling of Hazardous Waste
EPA Inspection Found Dozens of Containers of Hazardous Wastes
The Bullet:
A company is inspected, issued a notice of violation, and settles with USEPA to avoid a long costly legal process they will likely lose. The cost to settle is high and this doesn’t include the costs to come into compliance.
Who:
Kawasaki Rail Car, Inc. (“Kawasaki”) of Yonkers, NY
U.S. Environmental Protection Agency – Region 2
What:
As part of the agreement, Kawasaki will come into compliance with all federal hazardous waste laws and pay a $71,120 penalty.
Where:
Kawasaki’s facility is at 29 Wells Avenue in Yonkers.
When:
Announced: April 28, 2016
Why:
No indication in the press release of the specific alleged violations, just…
EPA inspections revealed the company had generated hazardous wastes and had stored these wastes without a permit.
and…
An EPA inspection revealed several dozen containers containing waste paints and solvents, discarded gasoline and unlabeled containers of hazardous wastes. A number of containers of hazardous waste were corroded and leaking.
My best guess is that the facility is a large quantity generator of hazardous waste and accumulated hazardous waste on-site for longer than 90 days or could not prove that the hazardous had not been there longer than 90 days. Accumulation of hazardous waste for greater than 90 days cannot be done without a permit. The release also mentions the condition of the containers which violates 40 CFR 265, subpart I.
Not sure of your hazardous waste generator status?
Though New York has an authorized hazardous waste program under RCRA, the USEPA may still conduct inspections and enforcement of Federal regulations, as is the case here.
Unlike other enforcement actions, this one did not indicate a multi-year process of inspections, NOVs, more inspections, &etc. before the fines are finally paid. This appears to be a fairly brief and simple story, resulting in significant costs for the business. Costs that could have been avoided with some simple steps that include my Onsite Training services.
Contact: John Martin, (212) 637-3662, martin.johnj@epa.gov
For more information about federal hazardous waste law, visit: http://epa.gov/osw/hazard
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
Training for RCRA Personnel and HazMat Employees in Michigan
On April 29th, 2016 the Michigan Department of Environmental Quality (MDEQ) launched its new Drug Disposal Web Page for businesses and citizens of Michigan. It includes:
Locations and information on drug “takeback” activities throughout the state.
Provides information for the healthcare industry on proper drug disposal.
Drug disposal options for both households and non-households, i.e. commercial or industry.
Revisions to Non-Waste Determinations and Variances From Classification as a Solid Waste by the 2015 DSW
This is another article in a series regarding the 2015 Definition of Solid Waste Rule (2015 DSW) and its affect on the regulations of the USEPA, and state agenices. The primary goal of the 2015 DSW was to improve the regulations pertaining to the recycling of hazardous secondary materials. It did this through the creation of new conditional exclusions, e.g. 40 CFR 261.4(a)(27) The Remanufacturing Exclusion for Spent Solvents, and the revision of existing conditional exclusions, e.g. 40 CFR 261.4(a)(23) The Generator Controlled Exclusion and 40 CFR 261.4(a)(24) The Verified Recycler Exclusion. It also revised and strengthened other regulatory requirements of these conditional exclusions (see the entire series of articles). Perhaps after reviewing the available recycling exclusions – not just those identified above, there are many more that were not affected by the 2015 DSW – you have not found one that applies to your recycling operations. If so, you have two options:
Forget about getting a break from the RCRA regulations and manage your hazardous secondary material as a hazardous waste even as you continue to dispose of it by recycling.
Apply for and obtain a solid waste variance or a non-waste determination.
Hazardous secondary material means a secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under part 261 of this chapter. (40 CFR 260.10)
The purpose of this article is to explain the revisions made by the 2015 DSW to the procedures for obtaining – and maintaining – a non-waste determination or solid waste variance.
FIRST OFF, WHAT IS A NON-WASTE DETERMINATION OR SOLID WASTE VARIANCE?
They exist to provide the generators and recyclers of hazardous secondary materials with a final option to receive a break from full regulation when no other recycling exclusion that applies to them exists in the regulations. They can be found in Title 40 of the Code of Federal Regulations of the USEPA as follows:
§260.30 Non-waste determinations and variances from classification as a solid waste.
§260.31 Standards and criteria for variances from classification as a solid waste.
§260.32 Variances to be classified as a boiler. Not addressed in this article.
§260.33 Procedures for variances from classification as a solid waste, for variances to be classified as a boiler, or for non-waste determinations.
§260.34 Standards and criteria for non-waste determinations.
THE 2015 DSW REVISED THE EXISTING SOLID WASTE VARIANCE AND NON-WASTE DETERMINATION REGULATIONS AS FOLLOWS:
§260.31(c):
For a hazardous secondary material that is partially reclaimed but must be reclaimed further before recovery is completed the 2015 DSW…
Revised the criteria for the application of the variance.
If there is a change in circumstances after a solid waste variance or non-waste determination has been issued and this change affects how a hazardous secondary material meets the relevant criteria of a solid waste variance or a non-waste determination in §260.31 (for solid waste variance) or §260.34 (for non-waste determination) the applicant must now send a description of the change to the Administrator. The Administrator may do one of the following:
Administrator may be either the USEPA or the environmental regulatory agency of your state depending on the status of the 2015 DSW in your state.
Issue a determination that the hazardous secondary material continues to meet the relevant criteria of the solid waste variance or non-waste determination.
Require the facility to re-apply for the solid waste variance or non-waste determination.
Solid waste variances and non-waste determinations are now effective for a fixed term of ten (10) years. Applicants must re-apply for a solid waste variance or non-waste determination at least six (6) months before the ten year term expires.
§260.33(e):
Facilities that receive a solid waste variance or non-waste determination now must provide a notification by March 1st of every even-numbered year as required by §260.42.
§260.34(b)(4) and §260.34(c)(5):
Facilities requesting a non-waste determination for a hazardous secondary material which is reclaimed in a continuous industrial process per §260.34(b) or a hazardous secondary material which is indistinguishable in all relevant aspects from a product or intermediate per §260.34(c) must now demonstrate whythe hazardous secondary material cannot meet, or should not have to meet, any of the recycling exclusions found in §261.2 or §261.4.
This demonstration of no other options available is not required for facilities requesting a solid waste variance.
If your hazardous secondary material or the recycling method you utilize is not addressed by the existing recycling exclusions perhaps a solid waste variance or non-waste determination may be the way to receive some relief from the full weight of the RCRA regulations. Be sure to check with your state to ensure they have implemented the 2015 DSW and if so, that they have adopted these revised solid waste variances and non-waste determinations.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
USEPA and your state also mandates the annual training of hazardous waste personnel of a large quantity generator. Contact me for this training at your site or via webinar.
Avoid These Mistakes on the Uniform Hazardous Waste Manifest
The generator of a hazardous waste is responsible for the accurate – and legible – completion of the Uniform Hazardous Waste Manifest. This is true even if your hazardous waste transporter or Treatment Storage or Disposal Facility (TSDF) provides you with a completed manifest for your shipment. The person who signs the manifest as a representative of the Offeror (this could be the generator, the transporter, or a consultant working for either) is liable for false or incorrect information on the manifest. If you are either the generator of the hazardous waste or the offeror of the shipment you must take care to avoid these common problems on the manifest that may lead to violations. (more…)
Suggestions for Selecting a Transporter for Your Hazardous Waste
The generator of a hazardous waste has a cradle-to-grave responsibility for its management. This responsibility, as the term implies, extends through the hazardous waste’s off-site transportation to its final disposal. This responsibility makes it imperative for the generator to choose their TSDF (Treatment Storage or Disposal Facility) and the transporter of their hazardous waste with care. Remember: you may be liable for the clean-up costs due from an accident involving your hazardous waste even after you have given it to a transporter or disposal facility. The purpose of this article is to provide some suggestions for a generator of a hazardous waste when selecting a transporter for their hazardous waste.
BE PREPARED BEFORE YOU CONTACT A HAZARDOUS WASTE TRANSPORTER:
What are the type and amounts of waste you have for transport?
In what form is the waste (solid, liquid, semi-solid, containerized gas)?
In what type of containers is the waste?
What is the frequency of your generation and expected rate of off-site transport?
FACTORS IN CHOOSING YOUR TRANSPORTER:
Does the transporter have a Federal EPA Identification number?
Is the transporter licensed by your state Department of Transportation?
What is the transporters driving record? Have they been cited for violations within the last two years? Have they had spills or accidents in which they were cited for a violation of the regulations?
Ask for and check references of past and existing customers.
Determine the type and amount of insurance maintained by the Transporter. Depending on the type and amount of waste they transport, and the requirements of your state, they may be required to have between $1 and $5 million in liability insurance.
When choosing your hazardous waste transporter don’t let cost be your only – or even the most important – criteria. A few dollars saved on a low-cost transporter now will seem puny when you are faced with clean-up costs.
The off-site transportation of your hazardous waste is just one of your responsibilities as a generator of hazardous waste. Be sure you are in compliance with the Federal regulations of both the USEPA and USDOT/PHMSA and also the regulations of your state environmental regulatory agency.
Contact me with any questions you may haveabout the generation, identification, management, and disposal of hazardous waste
Rules and Regulations, Proposed Rules, & Notices of EPA, FAA, FMCSA, FRA, & PHMSA for February 2016
Another month and another raft of regulatory agency publications in the Federal Register. As an EHS Professional you may find it too much to stay on top of all these changes in the regulations. That’s the reason for my monthly search through the Federal Register to identify for you the applicable regulations of the following agencies:
Environmental Protection Agency (EPA)
Federal Aviation Administration (FAA) – an administration within the Department of Transportation (DOT).
Federal Motor Carrier Safety Administration (FMCSA) – an administration within the Department of Transportation (DOT).
Federal Railroad Administration (FRA) – an administration within the Department of Transportation (DOT).
Pipeline and Hazardous Materials Safety Administration (PHMSA) – an administration within the Department of Transportation (DOT).
I couldn’t find any publications related to the management of hazardous waste or the transportation of hazardous materials from the FAA, FMCSA, or FRA. There were, however, some publications by EPA and PHMSA that may have an impact on how you manage hazardous waste and/or ship hazardous materials.
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.
As you review this document note the different types of publications in the Federal Register and their relative import:
Rules and Regulations – These are notifications of rules and regulations that have passed the review process and will – now or at a later established date – become regulations in the CFR (Code of Federal Regulations). Complying with them is not an option.
Proposed Rules – These are notifications of a new rule or a modification to an existing one that the agency has in the works. Interested parties may still submit comments and possibly affect the outcome of a proposed rule.
Notices – For all the things the government does that don’t rise to the level of regulations. These could be safety notices or announcements of meetings for interested parties regarding proposed rules.
FEBRUARY 1, 2016 THROUGH FEBRUARY 29, 2016
USEPA – US ENVIRONMENTAL PROTECTION AGENCY:
Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.
Rules and Regulations:
Additions to List of Categorical Non-Waste Fuels Pages 6687 – 6743 [FR DOC # 2016-01866] PDF | Text | More
Proposed Rules:
None
Contact me with any questions you may haveabout the management of hazardous waste
Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export Pages 7788 – 7791 [FR DOC # 2016-03102] PDF | Text | More
Proposed Information Collection Request; Comment Request; Recordkeeping and Reporting-Solid Waste Disposal Facilities and Practices Pages 8956 – 8957 [FR DOC # 2016-03744] PDF | Text | More
FAA – FEDERAL AVIATION ADMINISTRATION:
Publications not related to the transportation of hazardous materials are not included here.
Rules and Regulations:
None
Proposed Rules:
None
Notices:
None
FMCSA – FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION:
Publications not related to the transportation of hazardous materials are not included here.
Rules and Regulations:
None
Proposed Rules:
None
Notices:
None
FRA – FEDERAL RAILROAD ADMINISTRATION:
Publications not related to the transportation of hazardous materials are not included here.
Rules and Regulations:
None
Proposed Rules:
None
Notices:
NONE
PHMSA – PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION:
Publications not related to the transportation of hazardous materials are not included here.
Rules and Regulations:
None
Proposed Rules:
None
Notices:
Hazardous Materials: Public Meeting Notice for the Research and Development Forum Pages 6103 – 6104 [FR DOC # 2016-02146]PDF | Text | More
Information can be helpful but it’s useless if you are not able to make sense of it. You must be able to 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 to do that.
Contact me with any questions you may haveabout the transportation of hazardous materials by air, highway, vessel, or rail
Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department of Transportation.
What is a D003 Reactive Hazardous Waste?
The EPA – and most states with an authorized hazardous waste program – identify two types of hazardous waste:
Listed:
Hazardous waste from non-specific sources (F-codes).
Hazardous waste from specific sources (K-codes).
Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof (P-codes & U-codes).
The purpose of this article is to explain how EPA identifies the characteristic of Reactivity (D003).
The characteristic of Reactivity is codified in Title 40 of the Code of Federal Regulations at 40 CFR 261.23. It reads:
a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:
(1) It is normally unstable and readily undergoes violent change without detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures with water.
(4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
(5) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
(6) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
(7) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
(8) It is a forbidden explosive as defined in 49 CFR 173.54, or is a Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and 173.53.
(b) A solid waste that exhibits the characteristic of reactivity has the EPA Hazardous Waste Number of D003.
Right from the start – paragraph (a) – the regulation may mislead you into thinking there is a test method for Reactivity because of its reference to “a representative sample of the waste…”. There is not. Nowhere in section §261.23 does it refer to a test method for determining the characteristic of Reactivity. For the characteristic of Reactivity a generator making a hazardous waste determination must rely solely on generator knowledge as allowed by §261.10(a)(2)(ii).
From the EPA website: "There are currently no test methods available."
So what is a reactive hazardous waste? It is any solid waste (i.e. any material that is disposed of by being abandoned or recycled, is inherently waste-like, or is a military munition) that exhibits any one of the following characteristics:
Unstable:
It is normally unstable and readily undergoes violent change without detonating.
A waste meeting this characteristic would normally be in an unstable state; defined in general chemistry as compoundsthatreadilydecomposeorchangeinto othercompounds. And it also must readily undergo a violent change without detonating (aka exploding). Note that the trigger for the “violent change”, e.g. pressure, water, heat, &etc. is not specified. It is clear that they do not mean to include explosives here as they are addressed later in this characterization.
A lithium battery may be a reactive hazardous waste due to its instability (Faxback 11274) unless it has been fully discharged (RO 11229).
It forms potentially explosive mixtures with water.
When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
A waste that performs any one of the above actions when exposed to water must be assigned the characteristic of Reactivity. Certain elements and substances, e.g. sodium and sodium azide, respectively are known to be water reactive and may be a reactive hazardous waste. But note the use of subjective and undefined terms such as “violently” and “potentially explosive”. Also, while the generation of toxic gases, vapors or fumes can be detected or known what can’t be determined from this characterization is what quantity is “sufficient to present a danger to human health or the environment”? One possible tool for answering this question is to refer to the applicable worker exposure standards of the Occupational Health and Safety Administration (OSHA) for the gas, vapor, or fume generated. If it is at or near the OSHA maximum exposure limit it may be sufficient to present a danger to human health or the environment(RO14636)(RO12249).
Cyanide or Sulfide Bearing:
It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
To be a reactive hazardous waste due to this characteristic the waste must:
Contain either cyanide or sulfide (an inorganic anion of sulfur). The quantity or concentration is not specified.
And…
When exposed to pH conditions between 2 and 12.5 – note that this pH range is not characteristic of a D002 corrosive hazardous wastewhich is a liquid with a pH of less than or equal to 2 or equal to or greater than 12.5. – generate dangerous levels of toxic gases, vapors, or fumes.
How can a generator determine a “quantity sufficient to present a danger to human health or the environment.”?
Well, in 1985 EPA provided interim guidance on determining these levels (Faxback 11091). However, this guidance was withdrawn in 1998 and has not been replaced (Faxback 14177). So it looks like you’re on your own.
Explosives:
It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
It is a forbidden explosive as defined in 49 CFR 173.54, or is a Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and 173.53.
Note the three separate definitions of an explosive.
1. IT COULD EXPLODE IF TRIGGERED…
The first is merely “capable” of detonation (an explosion at faster than the speed of sound) or explosive reaction which is not quite the same as an explosion. Further, the waste will only begin detonation or explosive reaction if it is subjected to a strong initiating force or heated under confinement.
So then, what about aerosol cans and other compressed gas cylinders? Could they be a D003 reactive hazardous waste solely because of their capability of detonation or explosive reaction when heated or otherwise punctured? The answer from EPA, surprising to me, was “maybe”. In 1987 EPA stated that a discarded aerosol can is a reactive hazardous waste due solely to the propellent and not any other waste it contains (RO13027). However, six years later in 1993 EPA refused to answer the question: “At this time, the Agency is not able to determine whether various types of cans that may have contained a wide range of products are reactive.” The Agency went on to state that nearly empty steel aerosol cans are subject to the scrap metal exemption at 40 CFR 261.1(c)(6) and as such may even be punctured and drained without a permit (RO11782).
My interpretation is that unless RCRA Empty, an aerosol can will – at a minimum – be a D003 reactive hazardous waste due to the contents or the propellant being under pressure and capable of detonation if exposed to…
a strong initiating source:
Or heated under confinement:
But as the generator you must determine for yourself if your non-empty aerosol cans display the characteristic of Reactivity.
Some states, such as California and Minnesota, allow non-empty aerosol cans to be managed as a universal waste.
But I may be wrong because even though EPA has refused to directly answer if aerosol cans are a reactive hazardous waste, it has stated that ammunition up to and including 0.50 caliber does not display the characteristic of Reactivity (RO 13712). So, if ammunition is not a reactive hazardous waste due to its explosive nature perhaps aerosol cans aren’t either.
We have two more types of explosives to consider…
2. MORE LIKELY TO EXPLODE WITHOUT A TRIGGER…
Another explosive characteristic is one that is “readily capable” of exploding at standard temperature and pressure. Note that this is a much more reactive material since it is “readily capable” instead of just merely “capable” and it does not require heat or a strong initiating source.
3. FORBIDDEN AND THE BIG BOOMERS…
And finally, it is a specified type of explosive as defined by the Hazardous Material Regulations of the USDOT/PHMSA. So let’s take a look at them:
Explosives that are forbidden in transportation by USDOT/PHMSA are identified at 49 CFR 173.54. They include but are not limited to nitroglycerin, loaded firearms and toy torpedoes. Simply refer to this
49 CFR 173.50 identifies the six different divisions of hazard class 1 Explosives regulated by the HMR. The three divisions that will be a reactive hazardous waste upon disposal are the most dangerous:
(1) Division 1.1 consists of explosives that have a mass explosion hazard. A mass explosion is one which affects almost the entire load instantaneously.
(2) Division 1.2 consists of explosives that have a projection hazard but not a mass explosion hazard.
(3) Division 1.3 consists of explosives that have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard.
Consumer firework in Division 1.4 will likely not be a reactive hazardous waste when discarded
Most consumer fireworks are a Division 1.4 Explosive and therefore would not display the characteristic of Reactivity when discarded.
Note: A consumer firework that is a Division 1.4 Explosive may not display the characteristic of Reactivity but it may be a hazardous waste due to other characteristics such as Toxicity.
Commercial fireworks (the kind you see at a big show) and military munitions will likely be classified as a Division 1.1, 1.2, or 1.3 and will therefore be a reactive hazardous waste if discarded unused.
49 CFR 173.53 does not identify any new explosives not already identified in §173.50. Instead it cross-references the current classification system of hazard class and division with a format used by USDOT/PHMSA prior to January 1, 1991 and still used by some states or other regulatory agencies. Example:
Division 1.1 = Class A explosives
Division 1.2 = Class A or Class B explosives
Division 1.3 = Class B Explosives
Division 1.4 = Class C explosives
Division 1.5 = Blasting agents
Division 1.6 = No applicable hazard class
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
If you’re looking for clear-cut thresholds or approved analytical methods for the determination of the characteristic of Reactivity, you won’t find it here. The determination of a reactive hazardous waste relies heavily on your knowledge of the process generating and the waste itself at the point of generation.
What’s up? What’s new? What’s coming? January 2016 – Rules & Regulations, Proposed Rules, and Notices Regarding the Management of Hazardous Waste and the Transportation of Hazardous Materials
January 1, 2016 through January 31, 2016
USEPA – US Environmental Protection Agency:
Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.
Rules and Regulations:
Arkansas: Final Authorization of State-Initiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program Pages 4961 – 4969 [FR DOC # 2016-01657] PDF | Text | More
Proposed Rules:
Contact me with any questions you may have about the management of hazardous waste
Arkansas: Final Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program Pages 5006 – 5007 [FR DOC # 2016-01658] PDF | Text | More
Notices:
Agency Information Collection Activities; Proposed Collection; Comment Request; Hazardous Waste Specific Unit Requirements, and Special Waste Processes and Types Pages 1420 – 1420 [FR DOC # 2016-00412] PDF | Text | More
FAA – Federal Aviation Administration:
Publications not related to the transportation of hazardous materials are not included here.
Rules and Regulations:
None
Proposed Rules:
None
Notices:
None
The FMCSA sets the minimum standards for Commercial Driver’s Licenses
FMCSA – Federal Motor Carrier Safety Administration:
Publications not related to the transportation of hazardous materials are not included here.
Rules and Regulations:
None
Proposed Rules:
None
Notices:
None
FRA – Federal Railroad Administration:
Publications not related to the transportation of hazardous materials are not included here.
Rules and Regulations:
None
Proposed Rules:
None
Notices:
None
PHMSA – Pipeline and Hazardous Materials Safety Administration:
Publications not related to the transportation of hazardous materials are not included here.
Rules and Regulations:
Hazardous Materials: Adoption of Special Permits (MAP-21) (RRR) Pages 3635 – 3686 [FR DOC # 2016-00780] PDF | Text | More
Proposed Rules:
None
Notices:
None
Information can be helpful but it’s useless if you are not able to make sense of it. You must be able to 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 to do that.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department of Transportation.
One-Time Waste Shipment Program in Texas
The regulations of the Texas Commission on Environmental Quality (TCEQ) divide Texas waste generators into two categories: industrial and non-industrial. TCEQ regulates the hazardous waste generated by both industrial and non-industrial facilities and the non-hazardous waste generated by an industrial facility; nonhazardous waste generated by a non-industrial facility is not regulated by TCEQ. Non-hazardous waste generated by an industrial facility is classified as either Class 1 (almost hazardous), Class 2 (plant trash and empty containers), or Class 3 (inert, harmless, and rare).
Depending on the type and amount of waste generated a facility may need to register with TCEQ to obtain a Federal EPA ID number and/or a Texas Solid Waste Registration Number and apply determine the 8-digit Texas waste code for its waste.
The purpose of this article is to identify and explain the requirements of the One-Time Shipment (OTS) Program for waste generators in Texas. (more…)
40 CFR 261.4(a)(23) The Generator-Controlled Exclusion
The 2015 Definition of Solid Waste Final Rule retained this conditional exclusion first created by the 2008 Definition of Solid Waste Rule. However, not satisfied with the level of environmental protection it provided EPA strengthened its provisions. In this presentation I briefly summarize the importance of conditional exclusions in general, explain the requirements of 40 CFR 261.4(a)(23), provide additional information that makes easy understanding of this regulation possible, and then close by providing you with the text of the regulation in its entirety. Throughout the presentation are links to more documents to provide more detail and explanation. (more…)
USEPA – US Environmental Protection Agency:
PHMSA – Pipeline and Hazardous Materials Safety Administration: