The Bullet:

The National Aeronautics and Space Administration has agreed to pay a $50,660 penalty to settle alleged violations of federal environmental regulations of the USEPA at the Goddard Space Flight Center, Wallops Island, VA.

Who:

United State Environmental Protection Agency – Region 3

Contact: Roy Seneca, seneca.roy@epa.gov 215-814-5567

What:

EPA cited NASA for violations of the Clean Air Act and the Resource Conservation and Recovery Act (RCRA).

As part of the settlement, NASA has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA and Clean Air Act requirements

Where:

The alleged violations occurred at the Goddard Space Flight Center, Wallops Island, VA.

When:

Published by EPA on November 10, 2015.

No indication in the article of when the alleged violations took place or when enforcement actions began.

Why:

Violations of RCRA hazardous waste regulations cited by EPA include:

• Requirements for labeling and dating hazardous waste containers used for waste lead solder and alcohol rags.  Hazardous waste containers must be marked with the words “Hazardous Waste” and the date of initial accumulation.
• Inadequate packaging and labeling of universal wastes (e.g., discarded lamps that may contain mercury or other hazardous substances).  Read my article about universal waste.

NASA also allegedly did not comply with a Clean Air Act permit requirement to obtain a certification from its fuel supplier on the sulfur content and compliance with industry standards for fuel oil used at the facility.

How:

The Virginia Department of Environmental Quality (VDEQ) is authorized by the USEPA to administer the hazardous waste program under RCRA in Virginia.  However, in this situation the regulations were enforced by the USEPA and not VDEQ.  Whichever Agency pursued the enforcement and whatever regulations – state or Federal – they enforced, what cannot be missed here is that a unit of the Federal government – and NASA, no less! – is subject to the same regulations, and the same penalties, as a private business.

Conclusion:

The take-away from this whole matter is that a government agency – state or Federal – is subject to the regulations of the Resource Conservation and Recovery Act enforced by the USEPA or a state with an authorized hazardous waste program.

Read this article I wrote on the USEPA and USDOT definition of a “Person” or refer to the definition of a person in the Federal USEPA regulations at 40 CFR 260.10:

Person means an individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.

Generators of hazardous waste in Missouri must comply with the state-specific regulations of the Missouri Department of Natural Resources (MDNR).  As a state with an authorized hazardous waste program, MDNR may make its regulations more strict and more broad than those of the USEPA – and they have!

The media you see below is a presentation I provided to the Greater Ozarks Chapter of Hazardous Materials Managers August 16, 2013.  I only had one hour for my presentation, so what you see below is only a summary.

[slideshare id=54833182&doc=hazardouswasteinmo-151106184152-lva1-app6891]

After you’ve viewed the presentation, please contact me with any questions you may have about the generation, management, transportation, and disposal of hazardous waste, universal waste, used oil, and non-hazardous waste in Missouri.

Some more information for hazardous waste generators in Missouri:

MDNR regulations for the accumulation of hazardous waste in Satellite Accumulation Containers

A question from a past attendee of one of my – now kaput – Training Seminars on September 8, 2015.  I encourage follow-up questions and so he did:

Hi Dan
Recently we had an internal audit of our 90 day waste storage area at a LQG site.
The auditor reviewed our weekly inspection logs of the storage room but another portion of that building is where we process waste daily such as adding to the 55 gallon Flammable liquid drum, compacting the solid Flammable waste.
All these smaller waste were collected from our many Satellite accumulation spots scattered all around the facility.
The auditor gave me a finding because we don’t have a weekly inspection log of that “in process” room. Is this a legitimate need?
How specific must my inspection sheet be? I often have a several hundred small bottles of either empty or out dated chems in there and they are processed (combined) daily.
I doubt you would ever be able to see each label let alone have walking distance between each.
Confused..
Please advise
Thanks

My reply later on 9.8.15:

Thank you for contacting me. I’ll do my best to answer your question. If you call me and provide more information, I believe I can be of more assistance.

For information related to the weekly inspections of hazardous waste accumulation areas for an LQG – and SQG – please refer to this article I wrote: Weekly Inspections of Hazardous Waste Storage and Accumulation Areas.

Please note:
Since your State (Iowa) lacks an authorized hazardous waste program of its own, the Federal rule summarized in the above article will apply.
Periodic inspections (at least weekly) are to be conducted of containers used to accumulate, treat (e.g. compacting), or store hazardous waste. I don’t think this requirement would apply to each individual bottle that you process/combine. Instead, it would apply to the containers – e.g. a 55-gallon drum with a hazardous waste label and date of accumulation – that those bottles are accumulated, treated, or stored in.
Inspections are not required for containers used to accumulate hazardous waste in a Satellite Accumulation Area”.
The inspection need only look for leaking containers and deterioration of containers caused by corrosion. It is not necessary to check the containers are labeled or dated properly, though it may be a good idea to do so.
I hope this helps. Please don’t hesitate to contact me with any other questions.
Daniel,

He acknowledged my reply on 9.11.15, but needed more time to review it thoroughly:

Thank you for your quick response. I will read through it.

A summary of the state regulations of Indiana pertaining to the management of hazardous waste, universal waste, used oil, and non-hazardous waste

The Disclaimer:

This information is provided as guidance only.  Do not use to determine compliance with either State or Federal Regulations.

State Environmental Agency:

The Indiana Department of Environmental Management (IDEM) is authorized by the USEPA to manage the regulations of the Resource Conservation and Recovery Act (RCRA) in Indiana.

The Regulations:

State regulations for the management of hazardous waste are found in Title 329 of the Indiana Administrative Code.

Hazardous Waste Generator Status:

Indiana has incorporated the Federal Rules for the definition of hazardous waste generator status:

• Generate ≥1,000 kg/mo hazardous waste or >1 kg/mo acute hazardous waste or >100 kg/mo acute hazardous waste spill residue or soil = Large Quantity Generator of hazardous waste (LQG).
• Generate >100 but <1,000 kg/mo hazardous waste = Small Quantity Generator of hazardous waste (SQG).
• Generate ≤100 kg/mo hazardous waste and ≤1 kg/mo acute hazardous waste and ≤100 kg/mo acute hazardous waste spill residue or soil = Conditionally Exempt Small Quantity Generator of hazardous waste (CESQG).

Facility Identification Number:

A Large Quantity Generator of hazardous waste and a Small Quantity Generator of hazardous waste in Indiana must have a twelve-digit USEPA identification number assigned by the IDEM.  Indiana does not have state identification numbers for hazardous waste generators.

Universal Waste:

IDEM has incorporated the Federal Rule for the identification and management of universal waste.

• Four (4) potential hazardous wastes may be managed as universal waste:
  • Lamps
  • Batteries
  • Mercury-containing devices
  • Recalled or cancelled pesticides
• Four (4) types of universal waste facilities:
  • Small Quantity Universal Waste Handler
  • Large Quantity Universal Waste Handler
  • Universal Waste Destination Facility
  • Universal Waste Transporter
• In addition to the USEPA marking and labeling requirements for universal waste batteries, lamps, and mercury-containing devices, IDEM allows containers to be marked with other words that accurately identify the universal waste.  Recalled or cancelled pesticides have specific labeling requirements that are the same under both USEPA and IDEM regulations.
• Universal waste may be accumulated on-site for no more than one year.
• Universal Waste Handler must provide training for employees applicable to handler status.
  • Small Quantity Handler must “inform” employees who work with or around universal waste how to manage it in compliance with the regulations and how to respond to a universal waste spill, leak, or emergency.
  • Large Quantity Handler must “ensure” all employees who work with or around universal waste are “thoroughly familiar” with how to manage it in compliance with the regulations and how to respond to a universal waste spill, leak, or emergency.
• Deliberate crushing of universal waste lamps is prohibited in Indiana by IDEM.  Crushing lamps precludes their management as universal waste and requires their management as a hazardous waste.

Used Oil:

IDEM has adopted the Federal Rule for the identification and management of used oil with certain modifications related to mixing of used oil with hazardous waste and prohibiting use of used oil as a dust suppressant.

• Definition of used oil:
  • Petroleum-based or synthetic.
  • Used and contaminated by that use.
  • Destined for fuel-blending or recycling.
• Used oil that is mixed with a listed or characteristic hazardous waste must be managed as a hazardous waste (329 IAC 13).
• Used oil that contains >1,000 ppm total halogens is presumed to have been mixed with a listed hazardous waste unless the generator can demonstrate that the source of the halogens did not come from mixing of used oil with hazardous waste; aka the rebuttable presumption.
• Management of used oil:
  • No on-site accumulation time limit.
  • May be accumulated in tanks or containers.
  • Tanks or containers must be labeled “Used Oil”.
  • Spills and leaks cleaned up immediately.
  • Cannot use for dust suppression.
  • May self-transport ≤55 gallons at a time in company owned vehicles to a registered collection site or another location owned by the generator.
  • Transporters of used oil (other than excluded self-transport described above) must have a USEPA Identification Number.
• Used oil filters should be hot-drained to where they are completely free of liquids.  They then may be recycled as scrap metal.  Federal exclusion from regulation for non-terne plated used oil filters.

Training of Facility Personnel:

Indiana has adopted the Federal rule for an employer’s responsibility to provide training for all Hazardous Waste Personnel (aka:  Facility Personnel).

• LQG RCRA Training – Initial training (w/i 6 months) and annual review.  See below for a more thorough description of the RCRA Training requirements for Facility Personnel of an LQG.
• SQG RCRA Training – Ensure all employees are “thoroughly familiar” with how to handle hazardous waste and how to respond to a hazardous waste emergency.
• CESQG RCRA Training – No training requirement, but still a good idea.  RCRA regulations applicable to a CESQG.

Handlers of universal waste have responsibility for some form of training as well.  Refer to the Universal Waste portion of this document.

Training requirements for the Facility Personnel of a Large Quantity Generator of hazardous waste:

• All Facility Personnel must be trained on the management of hazardous waste in a way that teaches them how to do their job in compliance with State and Federal regulations.
• Training program may be classroom instruction or on-the-job training or a combination of the two.
• Employer must ensure that the training program includes all the elements the training records indicate were addressed during training. In other words:  “Say what you do.  Do what you say!”
• Training program must be directed by a person trained in hazardous waste management procedures.
• Training program must include instruction which teaches Facility Personnel what they need to know in order to perform their job duties in compliance with State and Federal hazardous waste regulations. This includes responding to a hazardous waste emergency as described in the facility’s RCRA Contingency Plan.
• At a minimum, the training program must ensure that Facility Personnel are able to respond effectively to emergencies.
• Training must familiarize Facility Personnel with emergency procedures, emergency equipment, and emergency systems including where applicable:
  • Procedures for using, inspecting, repairing, and replacing emergency and monitoring equipment.
  • Key parameters for automatic waste feed cut-off systems.
  • Communications or alarm systems.
  • Response to fires or explosions.
  • Shutdown of operations.
• Facility Personnel must successfully complete the program required within six months after the date of their employment or assignment or to a new position.
• Untrained Facility Personnel must be directly supervised by trained and knowledgeable Facility Personnel until they receive training.
• Facility Personnel must take part in an annual review of the initial training.

Hazardous Waste Emergency Preparedness and Prevention:

IDEM has adopted the USEPA regulations at 40 CFR 265, Subpart C Preparedness and Prevention, including:

• The requirements of Subpart C apply to Large Quantity Generators and Small Quantity Generators of hazardous waste. They do not apply to a CESQG.
• Facility must be maintained and operated in a manner to minimize the possibility of a fire, explosion, or unplanned release of hazardous waste or hazardous waste constituent.
• Facility must provide the following equipment:
  • Internal emergency communication system or alarm.
  • A device capable of summoning emergency assistance from external agencies.
  • Fire suppression equipment.
  • Spill control equipment.
  • Decontamination equipment.
  • Water at adequate volume to supply fire suppression system.
• All equipment must be tested and maintained as necessary.
• Facility must ensure immediate access to emergency communication or alarm systems.
• Facility must provide adequate aisle space to allow for unobstructed movement of personnel and equipment to any area of the facility in an emergency.
• Facility must designate its primary external emergency response agencies.
• Facility must attempt to familiarize external emergency response agencies with the layout of its facility, the potential hazards, and other emergency response information.

Contingency Plan and Emergency Procedures:

IDEM has adopted the Federal rule at 40 CFR 265, Subpart D Contingency Plan and Emergency Procedures, including:

• The requirements of Subpart D apply to a Large Quantity Generator of hazardous waste, but not to a Small Quantity Generator or a CESQG.
• Facility must have a documented contingency plan designed to minimize hazards to human health and the environment from a fire, explosion, or unplanned release of a hazardous waste.
• Contingency Plan to include:
  • Description of actions facility personnel will take in the event of an emergency.
  • Arrangements to respond in an emergency agreed to by state and local emergency response agencies.
  • Name and address – office and home – of emergency coordinators.
  • List of all emergency equipment at the facility including its location, a physical description, and its capabilities.
  • Facility evacuation plan.
• Contingency plan may be combined with other emergency response plans at the facility such as the Spill Prevention Control and Countermeasure (SPCC) Plan required for certain facilities by the Clean Water Act, and many others. This combined plan is known as the Integrated Contingency Plan or “One Plan”.
• A copy of the contingency plan must be maintained at the facility and copies provided to local emergency response agencies.
• Contingency plan must be reviewed and immediately amended if the facility changes, the regulations changes, or the plan fails in an emergency.
• At least one facility employee must function as the emergency coordinator.
• Responsibilities of the emergency coordinator:
  • Activate internal alarms or communication system.
  • Notify state or local agencies as necessary.
  • Identify the nature of any emergency.
  • Assess possible hazards to human health or the environment.
  • Make external notifications to local, state, and Federal agencies depending on the nature of the emergency.
  • Ensure the emergency does not spread or recur.
  • Monitor operations that may shut-down during the emergency to ensure there are no leaks, pressure build-ups, etc.
  • After the emergency, provide for disposal of any waste.
  • Ensure no incompatible material enters the contaminated area.
  • Ensure all emergency response equipment is restored to a useable condition.
  • Note in the operating record relevant information about the incident.
  • Submit a written report about the incident to the USEPA and IDEM within 15 days.

Reporting of Spills, Releases and Emergencies:

Report Environmental Emergencies 24 Hours a Day, 7 Days a Week (Holidays and Weekends)

• Inside the United States: (888) 233-7745
• Outside the United States: (317) 233-7745

Uniform Hazardous Waste Manifest:

Indiana, like every other state since September 5, 2006, requires use of the Uniform Hazardous Waste Manifest for the transportation of a hazardous waste.  Despite the nationwide use of a single manifest format, some states have kept their own specific requirements, including:

The Exception Report:

• A Large Quantity Generator of hazardous waste must contact the initial transporter or the Designated Facility identified on the Uniform Hazardous Waste Manifest if he has not received a copy of the manifest signed by the Designated Facility within 35 days of the date the manifest was accepted – and signed – by the initial transporter.
• An LQG must submit an Exception Report to the IDEM if he has not received a copy of the manifest signed by the Designated Facility within 45 days of the date the manifest was accepted – and signed – by the initial transporter.
• A Small Quantity Generator of hazardous waste must submit a legible copy of the manifest with some indication he has not received confirmation of delivery to the IDEM if he has not received a copy of the manifest signed by the Designated Facility within 45 days of the date the manifest was accepted – and signed – by the initial transporter.

The Waste Minimization Statement:

• Reference is made to the Waste Minimization Statement (40 CFR 262.27) in the Generator’s/Offeror’s Certification in Section 15 of the Uniform Hazardous Waste Manifest. It reads:

I certify that the waste minimization statement identified in 40 CFR 262.27(a) (If I am a large quantity generator) or (b) (if I am a small quantity generator) is true.

• The Waste Minimization Statement for a Large Quantity Generator of hazardous waste reads:

I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment.

• The Waste Minimization Statement for a Small Quantity Generator of hazardous waste reads:

I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.

Indiana also has the following state-specific requirements related to the management of the Uniform Hazardous Waste Manifest:

• IDEM does not require a generator of a waste to mail a copy of the manifest to the State of Indiana.  Extra copies of the manifest should be retained by the generator.

Reporting:

Facilities are required to submit an Initial Notification of Regulated Waste Activity Form (Federal Form 8700-12) prior to beginning any of the following activities:

• Large Quantity Generator or Small Quantity Generator of hazardous waste.
• Hazardous waste transporter or transfer facility.
• Hazardous Waste Treatment, Storage, or Disposal Facility.
• Large Quantity Handler or Destination Facility for universal waste.
• Hazardous waste recycler.
• Transport, process, or re-refine used oil; burn off-spec used oil for energy recovery; or market used oil.
• Eligible academic entity opting into 40 CFR 262, Subpart K.
• Managing a hazardous secondary material.

Facilities are required to submit a Subsequent Notification of Regulated Waste Activity Form (Federal Form 8700-12) for any of the following activities:

• Change to site contact or ownership.
• Change to type of RCRA Subtitle C activity conducted.
• An eligible academic entity opting into or out of regs for managing lab Haz Wastes at 40 CFR 262, Subpart K.
• Change to management of hazardous secondary material.

Large Quantity Generators of hazardous waste (not SQGs or CESQGs) must submit the Biennial Hazardous Waste Report by March 1st of every even-numbered year for the previous calendar year.  An LQG also has to submit the Indiana Annual Manifest Report (see below).

Both Small Quantity Generators and Large Quantity Generators of hazardous waste (not CESQGs) must submit the Indiana Annual Manifest Report.  This report is due March 1^st of every year for the previous calendar year.

Therefore, in practice an LQG in Indiana will submit the Biennial Hazardous Waste Report on March 1^st of every even year for the previous calendar year and the Indiana Annual Manifest Report on March 1^st of every odd year for the previous calendar year.

Recordkeeping:

IDEM has adopted the Federal rule for recordkeeping of documents demonstrating compliance with the RCRA regulations.  Read  the Federal Rule for maintaining records of RCRA documents.  In general, an LQG or SQG must maintain copies of documents as a record for three years from its effective date.

On-Site Management of Hazardous Waste in Containers:

• Containers in good condition
• Containers compatible with contents.
• Containers kept closed except when adding or removing hazardous waste.
• Hazardous waste or hazardous waste residue must not be present on the outside of the container.
• Containers must be labeled:
  • “Hazardous Waste”
  • Date of initial accumulation (unless managed in a Satellite Accumulation Area pursuant to 40 CFR 262.34(c)).

Satellite Accumulation of Hazardous Waste:

IDEM has adopted the Federal Rule at 40 CFR 262.34(c) with a minor revision:

• Limited to containers only, no tanks.
• Container must be at or near point of generation of hazardous waste.
• Container must be under the control of the operator of the process generating the hazardous waste.
• No more than 55 gallons of hazardous waste or 1 quart of acute hazardous waste in a single satellite accumulation area.  However, chemical munitions that are identified as an acute hazardous waste in Indiana with the waste number I001 (see below) may accumulate up to 55 gallons in a single satellite accumulation area.  All other requirements of 40 CFR 262.34(c) must be met.
• The 55 gallon/1 quart limit is revised by IDEM policy to allow for the accumulation of greater than 55 gallons of hazardous waste and 1 quart of acute hazardous waste in a satellite accumulation area if the volume of each distinct hazardous waste doesn’t exceed 55 gallons.  Example:  three 55-gallon drums of distinct hazardous waste (D001, D002, & D007) are allowed in a satellite accumulation area pursuant to 40 CFR 262.34(c) even if the total volume of hazardous waste in the satellite accumulation area exceeds 55 gallons.
• No limit on number of satellite accumulation areas in a facility or the aggregate volume of hazardous waste maintained in satellite accumulation areas.
• Container must be labeled with the words “Hazardous Waste” or some other description of the container contents, e.g. “Paint Waste”.
• May have more than one container in a single satellite accumulation area.
• May have more than one type of hazardous waste in a single satellite accumulation area.
• When 55 gallon or 1 quart volume threshold is reached, hazardous waste container must be immediately dated.  Generator is allowed three calendar days to move the hazardous waste container from the satellite accumulation area to the central accumulation area (aka:  90/180 day accumulation area).  Once moved to the central accumulation area, the generator may re-date the container and accumulate it on-site for the number of days appropriate for their hazardous waste generator status.
• Container in satellite accumulation area must be kept closed except when adding or removing hazardous waste.  Container must be maintained in good condition.
• Containers in satellite accumulation areas are not subject to the following:
  • Training requirements for facility personnel, though training is still highly recommended.
  • Weekly container inspections, though recommended.
  • RCRA air emission standards of 40 CFR 265, Subpart CC.
• Hazardous waste managed correctly in a satellite accumulation area is not subject to on-site accumulation time limits.
• Hazardous waste managed in a satellite accumulation area continues to be counted towards a generators hazardous waste generator status.

Management of Hazardous Waste by a Conditionally Exempt Small Quantity Generator (CESQG)

IDEM has adopted the Federal Rule at 40 CFR 261.5.  In order to maintain its status as a Conditionally Exempt Small Quantity Generator of hazardous waste a CESQG must comply with the following:

1. Complete the hazardous waste determination for all waste generated. While maintaining a record of the hazardous waste determination is not required, it is recommended.
2. Do not accumulate ≥1,000 kg of hazardous waste on-site at one time. If so, the CESQG becomes subject to all of the requirements of a Small Quantity Generator (SQG).
3. Treat or dispose of hazardous waste on-site or ensure delivery to an off-site treatment, storage or disposal facility. Whether on-site or off, the TSDF must be one of the following:

• Permitted by the USEPA to manage hazardous waste.
• Authorized by a state to manage hazardous waste if that state has an authorized hazardous waste program under RCRA. This state authorization does not require a permit.  It could include a household hazardous waste collection site that is authorized by IDEM.
• Permitted by a state to manage municipal solid waste.
• Permitted by a state to manage non-municipal non-hazardous waste.
• Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
• For universal waste, a universal waste handler or destination facility subject to the requirements of part 273 of this chapter.

Management of Solvent-Contaminated Wipes:

A conditional exclusion for solvent-contaminated wipes from both Solid Waste & Hazardous Waste became effective in the Federal regulations of the USEPA on January 31, 2014.  States with authorized hazardous waste programs have the option to adopt the regulation as is or with its own modifications or to reject the conditional exclusion entirely (Status of Solvent Wipe Conditional Exclusion in Your State).

Pursuant to the IDEM Guidance Document – Management of Contaminated Wipes and Reusable Cloth Items, issued July 27, 2015, IDEM has adopted the Federal Rule for Solvent-Contaminated Wipes with a small expansion of the container labeling requirements.  Also, Indiana will continue to follow a policy for the management of solvent-contaminated clothing that is not addressed in the Federal Rule.

• Similar to the Federal Rule, containers of excluded solvent-contaminated wipes must be labeled as, Excluded Solvent-Contaminated Wipes.  Unlike the Federal Rule, IDEM allows a container to be labeled with “other words indicating the contents of the container”.
• While the Federal Rule is limited solely to what is defined at 40 CFR 260.10 as a wipe:  “Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.”  IDEM policy excludes from hazardous waste regulation solvent-contaminated clothing sent to an industrial laundry or drycleaner and subsequently reused.

Use of State-Certified Labs for Hazardous Waste Determination:

Scott Draschil of IDEM confirmed that there is no requirement for a generator to use a state-approved or state-certified lab for the purposes of the hazardous waste determination.

State-Specific Hazardous Waste (329 IAC 3.1-6-3):

In addition to the listed hazardous waste identified by the USEPA and incorporated by reference in the Indiana Administrative Code, the following chemical munitions are listed as acutely hazardous wastes in Indiana with the waste number of I001:

• GA (Ethyl-N, N-dimethyl phosphoramidocyanidate)
• GB (Isopropyl methyl phosphonoflouridate)
• H, HD (Bis(2-chloroethyl) sulfide)
• HT (sixty percent (60%) HD and forty percent (40%) T (Bis[2(2-chloroethyl-thio)ethyl]ester))
• L (Dichloro(2-chlorovinyl)arsine)
• VX (O-ethyl-S-(2-diisopropylaminoethyl) methyl phosphonothiolate)

The above are subject to all requirements for acute hazardous wastes except that a generator may accumulate as much as fifty-five (55) gallons of these listed chemical munitions in a satellite accumulation area in compliance with 40 CFR 262.34(c)(1).

Note:  The chemical munitions facility that was the single source of this acute hazardous waste in Indiana – and the object of this regulation – is no longer in operation.  The identification of the state-specific listed hazardous waste, however, remains in the Indiana Administrative Code.

Non-Hazardous Waste:

Effective July 1, 2001, the statutory definitions of “industrial waste” and “special waste” were repealed.  “Restricted waste” is a waste that must be disposed of in a restricted waste site, such as a landfill that takes industry-specific waste such as foundry waste or coal combustion ashes.

Although both Industrial Waste and Special Waste disposal regulations were eliminated, a generator still has a responsibility to manage wastes in accordance with environmental regulations. These requirements include but are not limited to: waste determination, storage in an environmentally sound manner, and disposal at a permitted landfill.

Do you have a question about some aspect of the Indiana hazardous waste regulations that you don’t see here?  Please ask me.  I’m glad to help.

A question from a past Training Seminar attendee (sorry, my Seminars are Kaput for now) on September 16, 2015:

Daniel,

I have an urgent question I could use some clarification on. Our facility sends waste out as F006 except for a few solutions. If a few of our process solutions were pumped into drums to be held for treatment, do they qualify to be counted towards our generator status? If not how should they be properly labeled?

My reply that same day:

I’ll do my best to answer your question, though I could use some more information to be certain. In general, any storage of a waste before treatment to make it non-hazardous by the generator is subject to the hazardous waste generator regulations, e.g. label, date of accumulation, closed containers, inspections, &etc. It will also need to be counted toward your hazardous waste generator status.
An exclusion from regulation as a hazardous waste (and therefore not counted toward generator status) is allowed only for the following treatment if conducted immediately upon generation:

• Elementary neutralization. e.g. add NaOH to HCl bath as soon as it is determined to be spent.
• Totally Enclosed Treatment Facility
• On-site wastewater treatment facility with discharge permitted under Clean Water Act.

I hope this helps. Please don’t hesitate to contact me with any other questions.

Dan
815.821.1550

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA), Federal Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), and the Federal Aviation Administration (FAA) of the US DOT on the subject of Transportation of Hazardous Materials.

Disclaimer Time!:

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.

October 1, 2015 through October 31, 2015

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:

Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Direct Final Rule Pages 60052 – 60055 [FR DOC # 2015-24459] PDF | Text | More

Texas: Final Authorization of State Hazardous Waste Management Program Revision Pages 63691 – 63695 [FR DOC # 2015-26789] PDF | Text | More

Texas: Final Authorization of State Hazardous Waste Management Program Revisions Pages 63734 – 63734 [FR DOC # 2015-26783] PDF | Text | More

Proposed Rules:

Hazardous Waste Export-Import Revisions Pages 63283 – 63320 [FR DOC # 2015-25348] PDF | Text | More

Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; EPA Worker Protection Standards for Hazardous Waste Operations and Emergency Response (Renewal) Pages 60144 – 60145 [FR DOC # 2015-25323]   PDF | Text | More

Agency Information Collection Activities; Proposed Collection; Comment Request; General Hazardous Waste Facility Standards Pages 65999 – 65999 [FR DOC # 2015-27465] 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:

Twentieth Meeting: RTCA Special Committee (225) Rechargeable Lithium Battery and Battery Systems Pages 61562 – 61563 [FR DOC # 2015-26006] PDF | Text | More

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:

Parts and Accessories Necessary for Safe Operation; Inspection, Repair, and Maintenance; General Amendments Pages 60592 – 60601 [FR DOC # 2015-24921] PDF | Text | More

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:

Proposed Agency Information Collection Activities; Comment Request Pages 63272 – 63275 [FR DOC # 2015-26409] PDF | Text | More

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: Carriage of Battery-Powered Electronic Smoking Devices in Passenger Baggage Pages 66817 – 66821 [FR DOC # 2015-27622] PDF | Text | More

Proposed Rules:

None

Notices:

Hazardous Materials: New York City Permit Requirements for Transportation of Certain Hazardous Materials Pages 59244 – 59245 [FR DOC # 2015-24880]    PDF | Text | More

Hazardous Materials: Notice of Application for Special Permits Pages 59851 – 59852 [FR DOC # 2015-23370] PDF | Text | More

Hazardous Materials: Information Collection Activities Pages 61886 – 61887 [FR DOC # 2015-26025] PDF | Text | More

International Standards on the Transport of Dangerous Goods Pages 61887 – 61887 [FR DOC # 2015-26019] PDF | Text | More

Hazardous Materials: Notice of Applications for Special Permits Pages 63279 – 63280 [FR DOC # 2015-26257] PDF | Text | More

Hazardous Materials: Delayed Applications Pages 63276 – 63277 [FR DOC # 2015-26259] PDF | Text | More

Hazardous Materials: Actions on Special Permit Applications Pages 63277 – 63279 [FR DOC # 2015-26258] PDF | Text | More

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 63280 – 63281 [FR DOC # 2015-26251] 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.

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.

From a past attendee of one of my Training Seminars – now defunct – on May 19, 2015:

Dan,

I seem to recall hearing that the EPA does not like the telescoping boxes for used lamps.  I can only assume this is because the container may not meet the definition of “closed.” Has EPA given any written interpretation on this? Or better yet, do you know of a better method for storing 8-ft used fluorescent lamps that is better than standard 8-ft lamp boxes, is easier to access, and meets the closure rule?

Thanks,

My reply later that same day:

The Bullet:

Zippo Manufacturing Company will pay a $186,000 penalty to settle alleged violations of hazardous waste regulations at its manufacturing facility in Bradford, Pa.

Who:

Zippo Manufacturing Company

And…

United States Environmental Protection Agency (EPA) – Region III

1650 Arch Street Philadelphia, Pennsylvania 19103-2029

Phone – 215/814-5100 Fax – 215/814-5102

Contact: Roy Seneca seneca.roy@epa.gov 215-814-5567

What:

The alleged RCRA violations include:

• Storage of hazardous waste without interim status or a permit.  This could be as simple as exceeding the on-site accumulation time limit – 90 days for a large quantity generator or 180 days for a small quantity generator.  On-site storage in excess of these limits is forbidden without a permit.
• Operation of an unpermitted thermal treatment unit.  This could be as simple as hanging solvent-contaminated rags out to dry or allowing volatile solvents (e.g. solvent-based paint) to evaporate at room temperature.  Thermal treatment of a hazardous waste is not allowed without a permit.
• Failure to properly manage hazardous waste containers.  I don’t have enough information here, but examples of improper management of a hazardous waste container include:
  • Not marked with the words “Hazardous Waste” and the initial date of accumulation.
  • Not kept closed except when actively adding or removing hazardous waste.
  • Not in good condition.
  • Hazardous waste or hazardous waste residue on the outside of the container.
  • Reactive (D003) or Ignitable (D001) hazardous waste within 50′ of the facility property line.
• Failure to maintain job descriptions of personnel managing hazardous waste.  This frequently misunderstood requirement is found in the regulations for documenting annual Hazardous Waste Personnel Training at a large quantity generator of hazardous waste.
  • Take this survey to determine your hazardous waste generator status.
  • Read this article to learn more about the requirement to maintain job descriptions of personnel managing hazardous waste.

EPA also alleged violations of the Emergency Planning and Community Right-to-Know Act (EPCRA).  According to EPA, Zippo did not submit annual toxic release reports for three chemicals – copper, nickel and chromium — for three years when the facility used or processed chemicals in reportable quantities.

Where:

Zippo Manufacturing Company is located in Bradford, PA.

When:

Published: August 25, 2015

There are no other dates mentioned in the published news release.

Why:

EPA cited Zippo 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.

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the resolution of this matter. As part of the settlement, Zippo has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.

How:

Inspectors of the U.S. Environmental Protection Agency (EPA) can enter the property of a hazardous waste generator at any reasonable time in order to conduct an inspection.  Inspectors are authorized to inspect any area of the facility that hazardous waste are or have been and to inspect records documenting compliance.  The hazardous waste generator is required to make three years of records accessible in the event of an inspection.

Conclusion:

All generators of hazardous waste – regardless of their status – should be prepared for an inspection of their facility by either state or Federal agents at any time.  Are you prepared?  Can you demonstrate compliance on the shop floor and in the records you maintain.  My training for Hazardous Waste Personnel will meet the regulatory requirements, identify potential violations like these, and answer any questions you may have about both state and Federal regulations for the management of hazardous waste (and universal waste, used oil, & non-hazardous waste).

A question I received August 9, 2015 (A Sunday!) from a reader of my monthly newsletter:

Hello – I enjoyed reading your article on the new RCRA DSW rule.  In your opinion, would the new labeling requirement in 40 CFR 261.1(c)(8) be applicable to areas accumulating –
1) Recyclable materials with precious metals to be reclaimed managed 261.6 & 266?
or
2) scrap metal that is not excluded under 261.4(a) but managed 261.6?

I appreciate any thoughts you may have.

Thank You

My reply on the following Monday (I don’t work Sundays):

[slideshare id=54461941&doc=40cfr261-151028051350-lva1-app6892]