The 2015 Definition of Solid Waste Final Rule, which became effective at the Federal level on July 13, 2015, both added new and revised existing exclusions from regulation as a solid waste for hazardous secondary materials that are recycled by reclamation.  A generator of the hazardous secondary material taking advantage of the exclusions – and you should if you can – will be required to submit a notification to the EPA or their state.  The purpose of this article is to identify and explain the requirement to submit a notification per 40 CFR 260.42 for recycling by reclamation of a hazardous secondary material under the regulations codified under the 2015 Definition of Solid Waste final rule. (more…)

The new Remanufacturing Exclusion for certain spent solvents generated by – and destined for future use in – specified industry sectors requires the generator of the spent solvents and the remanufacturer to jointly develop and maintain a remanufacturing plan. The purpose of this article is to identify and explain the requirements of this new EPA regulation codified by the 2015 Definition of Solid Waste Rule. (more…)

The Bullet:

Police made a second arrest in the illegal dumping of approximately 125 gallons of waste oil in the city of Schenectady, NY following the public’s assistance in identifying the suspect.

Who:

New York Department of Environmental Conservation (NY DEC).

Joseph Alleyne, of Schenectady, known locally as “Green Eyes,” on Wolf Rd. in Colonie, NY.

58-year-old Linwood Gholson, of Schenectady, NY.

What:

Linwood Gholson and Joseph Alleyne were arrested separately for dumping waste oil into a storm drain.

Alleyne is facing charges that include felony level endangering public health, safety and the environment under the New York State’s Environmental Conservation Law.

Linwood Gholson was charged with felony release to the environment and aggravated unlicensed operation of a motor vehicle and operating a motor vehicle with a suspended registration.

When:

July 10, 2015:  Arrest of Linwood Gholson.

July 24, 2015:  Arrest of Joseph Alleyne.

July 29, 2015:  Announcement by NY DEC.

Where:

The oil was dumped into a storm drain on Van Bogart St. (Van Der Bogart Street) in Schenectady, NY.

 Why:

DEC Regional Director Goertz said,

DEC will not tolerate illegal dumping of any kind and we appreciate the public’s assistance in this case.

How:

The New York State Department of Environmental Conservation (NY DEC) is authorized by the Environmental Protection Agency (EPA) to administer the hazardous waste program in New York state.  This includes enforcing state environmental regulations that must be at least as strict as those of the EPA.  If NY DEC did not administer its program in a manner at least as stringent and as broad as the Federal program it would run the risk of losing its authorization.

Read:  Authorization of State Hazardous Waste Programs Under RCRA

Local news coverage resulted in multiple tips which led to the arrest of Joseph Alleyne.

Thanks to leads from the public, DEC Environmental Conservation Officers and their partners in local law enforcement identified, located and arrested the suspect.

Summary:

Activities such as this used to be common, even acceptable.  But no more.  Too many people are aware of the damage done to the environment by illegal disposal activities to allow such behavior to go unnoticed or unreported.  In this case, the public provided information to make the second arrest possible.

No one wants their name or their company’s name tarnished in this way.  Make certain that everyone at your company knows the regulations of NY DEC and EPA for the management of wastes, and those of the US Department of Transportation for the transportation of hazardous materials.  In any situation, training for your HazMat Employees and Hazardous Waste Personnel will be a benefit to you and your employees.

Contact me if you have any questions about your regulatory compliance.

The Bullet:

The U.S. Environmental Protection Agency and the North Slope Borough, Alaska have reached a settlement that resolves alleged violations of hazardous waste requirements under the Resource Conservation and Recovery Act.

North Slope Borough Settles With EPA for Hazardous Waste Violations

Who:

The North Slope Borough – the equivalent of most other state’s “county” – in the U.S. state of Alaska.

USEPA Region 10 with its headquarters in Seattle, WA.

USEPA contact: Judy Smith, 503-326-6994, smith.judy@epa.gov

What:

USEPA alleges the following violations by the North Slope Borough:

• Failure to complete the hazardous waste determination on at least five separate wastestreams.
• Stored more than 45,000 pounds of hazardous waste for greater than 90 days without the required permit.

EPA and the North Slope Borough have signed a Consent Agreement and Final Order.  As part of this agreement, the North Slope Borough will pay a $445,336 penalty.

The drums and containers of hazardous waste have been removed from the site.

When:

Violations occurred from 2012 – 2014

Announced by USEPA July 30, 2015

Where:

North Slope Borough is located largely in the North Slope region of Alaska.  The subject hazardous waste was generated at the South Pad facility located on Nunavaaq Street in Barrow, Alaska.

Why:

Ed Kowalski, Director of EPA Region 10’s Office of Compliance and Enforcement:

Performing timely and accurate hazardous waste determinations is a keystone of the RCRA program.  Waste must be evaluated by the generator so that it can be safely managed and to prevent releases that endanger human health and the environment.

Obtaining a RCRA permit prior to operating a storage facility is a critical requirement of the RCRA program. The permitting process insures that hazardous waste storage facilities are operated to prevent harm to the environment or human health. Circumventing that process can lead to dangerously poor waste management.

How:

Since Alaska lacks an authorized hazardous waste program, the Federal hazardous waste regulations apply in that state as they do in Iowa and Puerto Rico.

A Borough, just like a county, city, state, or even Federal government or division of government is subject to the hazardous waste regulations of the Resource Conservation and Recovery Act and to the fines or penalties that may be imposed if violations of the regulations are found or alleged.

Summary:

A huge penalty – not a fine – was paid by this relatively small local government.  I can only imagine that this represented a significant hit to their budget, perhaps for years to come.  Though lack of Hazardous Waste Personnel Training was not cited as an issue here, I can’t help but believe that good training – my training – would have identified these issues and given the administrators of the North Slope Borough the information and the tools they would need to fix the problem.

Please don’t hesitate to contact me, whatever your question, regarding the cradle-to-grave management of hazardous waste.  I’ll travel anywhere in the country to provide Onsite Training or we can make it easy with a Webinar.

Announcements from regulatory agencies of the US Government in the Federal Register can have a significant impact on your business.  Therefore it’s important for you to continuously monitor Federal Register publications for announcements applicable to your operations.  I can help you to do this.

Sometimes an announcement in the Federal Register calls for a more thorough explanation than what is conveyed by the headline; that is the point of this article.  Here I will briefly summarize, and provide access to more information, on a specific Federal Register announcement:  the Hazardous Waste Generator Improvements Rule

What agency is making the announcement?

The United States Environmental Protection Agency (USEPA)

When was this announced in the Federal Register?

The proposed Hazardous Waste Generator Improvements Rule was signed by the EPA Administrator on August 31, 2015.  It was published in the Federal Register on September 25, 2015.

Any other dates I need to know?

Comments on this proposed rule must be received by November 24, 2015.  The submittal requirements for comments are included in the Federal Register.

Due to requests from the regulated community, EPA is extending the deadline for the comment period by 30 days to December 24, 2015.  The notice of this extension was published in the Federal Register on November 5, 2015.

What type of action is this?

This is a proposed rule, meaning the issuing Agency is proposing a new rule or a revision to an existing rule.  This is not a final rule, nor may it ever be one.  Comments submitted by interested parties may delay, change, or eliminate this proposed rule.

What regulations may be impacted?

40 CFR Parts 260, 261, 262, 263, 264, 265, 268, 270, 273, and 279.  In short, pretty much every regulation pertaining to a generator of hazardous waste.  This is big.  Whatever form this proposed rule takes when it becomes a final rule – and don’t hold your breath – it will have a significant impact on all hazardous waste generators.  Especially Large Quantity Generators (LQGs) and Small Quantity Generators (SQGs).

How is the announcement identified in the Federal Register?

Hazardous Waste Generator Improvements Pages 57917 – 58012 [FR DOC # 2015-23166]

I don’t have all day.  Can you sum it up for me and I’ll determine if I need to read the whole thing?

USEPA is proposing to revise the hazardous waste generator regulations under the Resource Conservation and Recovery Act (RCRA).  Proposed revisions and improvements include:

• Revise certain components of the hazardous waste generator regulatory program, primarily 40 CFR 261.5 (related to CESQGs) and 40 CFR part 262 (related to SQGs and LQGs). This will require close observation by the regulated community since these revisions may be small but significant and will be interspersed throughout all of the hazardous waste generator regulations.
• Address gaps in the regulations. This may result in an expansion in the scope of these regulations into activities that are currently not regulated.
• Provide greater flexibility for hazardous waste generators to manage their hazardous waste in a cost-effective and protective manner. This is good for hazardous waste generators but may be opposed by persons outside the regulated community.
• Reorganize the hazardous waste generator regulations to make them more user-friendly and thus improve their usability by the regulated community. This is good for hazardous waste generators but it will also make the regulations more accessible for citizen watch dog groups.
• Make technical corrections and conforming changes to address inadvertent errors, remove obsolete references to programs that no longer exist (like the National Environmental Performance Track), and improve the readability of the regulations. Readability is a good thing but it’s also a two way street.  The regulations will be more readable to a wider audience, both within and without the regulated community.

Other highlights of the proposed rule:

• A voluntary program will allow for the consolidation of waste from a Conditionally Exempt Small Quantity Generator (CESQG) by LQGs under the same ownership.  I submitted a comment (my first!) on this aspect of the proposed rule.  My comment was a proposal to expand this program to include the consolidation of waste from a CESQG by a Small Quantity Generator (SQG) under the same ownership.  You can review my comments by going to Regulations.gov and searching for my Comment Tracking Number (1jz-8m6t-jw6v).  Decide if you wish to comment on this or any other aspect of this Proposed Rule.  It’s really easy!
• A voluntary program will allow generators to temporarily change generator status (i.e. SQG to LQG or CESQG to SQG or LQG) episodically.
• Allow LQGs to accumulate reactive or ignitable hazardous waste within 50’ of their property line if granted a waiver from their local fire department.
• Clarify the hazardous waste generator status determination for a facility that generates both acute and non-acute hazardous waste.
• Replace the term Conditionally Exempt Small Quantity Generator (CESQG) with Very Small Quantity Generator (VSQG).
• Revise container closure regulations found in 40 CFR 262.34(a)(1) for LQGs.
• Move all of the generator regulations – including those for CESQGs now found in 40 CFR 261.5 – into 40 CFR part 262.
• Agency is also proposing changes to parts 260, 263, 264, 265, 268, 270, 273, and 279 mostly to maintain consistency with the proposed changes in part 262.
• Revise the definition of small quantity generator in 40 CFR 260.10 as well as add definitions for:
  • Large quantity generator
  • Conditionally exempt small quantity generator (and change to very small quantity generator)
  • Central accumulation area.
• Revise the regulations for labeling and marking of containers, tanks, drip pads, and containment buildings used for the accumulation of hazardous waste.
• Add a provision that hazardous waste generators are prohibited from disposing liquid hazardous waste in landfills.

Summary:

This represents a substantial change to the USEPA hazardous waste regulations.  I suspect this will generate a lot of comments from interested parties.  USEPA’s schedule for implementation of the Final Rule is unknown but I suspect – given the nature of the proposed rule – that it will take some time for everyone to have their say and for the Agency to respond with further revisions.  It could take years or it might all be over in a few months and we’ll have new rules – at the Federal level – for hazardous waste generators.  Since some of these rules are less strict than the existing, states with an authorized hazardous waste program will have the option of whether or not they wish to adopt them.

Where can I look for more information?

You may read the Federal Register publication itself here:  PDF | Text | More

Or subscribe to my monthly newsletter.  I’ll be writing articles on this as information becomes available and as I have time to write.

USEPA has created a website with more information about the proposed rule:  Proposed Rule: Hazardous Waste Generator Improvements

If you have any specific questions about this new proposed rule or require training to ensure you are in compliance with both Federal and State regulations, please contact me.

FOR FURTHER INFORMATION CONTACT: Jim O’Leary, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, (MC: 5304P), 1200 Pennsylvania Ave. NW., Washington, DC 20460, (703) 308–8827, (oleary.jim@epa.gov) or Kathy Lett, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, (MC: 5304P), 1200 Pennsylvania Ave. NW., Washington, DC 20460, (703) 605–0761, (lett.kathy@ epa.gov).

This list, compiled by the Compliance Branch of the Indiana Department of Environmental Management, shows in descending order the ten violations found most frequently at Indiana facilities in calendar year 1989.  (Old, I know, but I think it represents the state of compliance for many facilities today.)

For each violation, the applicable Federal (USEPA) or State (IDEM) regulation is cited and – when available – links to articles I’ve written on the subject that will help you to better understand what is required. (more…)

Be sure to check out what’s new from the US Environmental Protection Agency (proposed new rules for hazardous waste generators, this is big!), Federal Aviation Administration (preparation for the big ICAO conference), Federal Motor Carrier Safety Administration (changes to the driver training requirements), Federal Railroad Administration (safety grants available for safe transportation of energy products), and the Pipeline and Hazardous Materials Safety Administration (changes to how special permit and approval requests are approved).

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.

September 1, 2015 through September 30, 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:

Louisiana: Final Authorization of State Hazardous Waste Management Program Revision Pages 55032 – 55035 [FR DOC # 2015-23073] PDF | Text | More

Proposed Rules:

Louisiana: Final Authorization of State Hazardous Waste Management Program Revisions Pages 55077 – 55077 [FR DOC # 2015-23072]        PDF | Text | More

Hazardous Waste Generator Improvements Pages 57917 – 58012 [FR DOC # 2015-23166] PDF | Text | More

Management Standards for Hazardous Waste Pharmaceuticals Pages 58013 – 58092 [FR DOC # 2015-23167] PDF | Text | More

Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; Standardized Permit for RCRA Hazardous Waste Management Facilities Pages 55618 – 55619 [FR DOC # 2015-23282] PDF | Text | More

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Hazardous Remediation Waste Management Requirements (HWIR-Media) (Renewal) Pages 56986 – 56987 [FR DOC # 2015-23554] 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:

Office of Hazardous Materials Safety Pages 55710 – 55711 [FR DOC # 2015-23188]  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:

None

Notices:

Agency Information Collection Activities; Extension of a Currently-Approved Information Collection Request: Training Certification for Entry-Level Commercial Motor Vehicle Operators Pages 53385 – 53387 [FR DOC # 2015-21894] PDF | Text | More

FRA – Federal Railroad Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

Risk Reduction Program Pages 55285 – 55286 [FR DOC # 2015-23233] PDF | Text | More

Notices:

Railroad Safety Grants for the Safe Transportation of Energy Products by Rail Program Pages 53615 – 53621 [FR DOC # 2015-21960] 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: Special Permit and Approvals Standard Operating Procedures and Evaluation Process Pages 54418 – 54440 [FR DOC # 2015-22617] PDF | Text | More

Proposed Rules:

None

Notices:

Hazardous Materials: Delayed Applications Pages 57913 – 57914 [FR DOC # 2015-23368] PDF | Text | More

Administration Hazardous Materials: Actions on Special Permit Applications Pages 57912 – 57913 [FR DOC # 2015-23369] PDF | Text | More

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 57914 – 57915 [FR DOC # 2015-23364] 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.

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.

The Federal Register is a great way to look down the road and see potential changes to the regulations long before they are put into effect (sometimes The Rulemaking Process takes years before a final rule is issued, if ever).  Knowledge of these potential changes provides you with several advantages:

• Additional time to modify your business operations to comply.
• Awareness of on what topics the regulatory agencies intend to focus their efforts.
• The ability to register your concerns, complaints, suggestions, etc. in order to modify the proposed rule before a final rule is issued.  It can be done, really!
• Make changes to your training program to account for changes that become effective before the next training cycle.
• Alert you to the need to re-train your employees prior to their next scheduled training cycle, if necessary.
• Keep you abreast of changes to the regulations that affect your business and/or your industry group.

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.

 August 1, 2015 through August 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:

Idaho: Final Authorization of State Hazardous Waste Management Program; Revision Pages 50794 – 50797 [FR DOC # 2015-20726]  PDF | Text | More

North Carolina: Final Authorization of State Hazardous Waste Management Program Revisions Pages 51141 – 51144 [FR DOC # 2015-20907] PDF | Text | More

Michigan: Final Authorization of State Hazardous Waste Management Program Revision Pages 52194 – 52198 [FR DOC # 2015-21385] PDF | Text | More

Proposed Rules:

None

Notices:

Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Washington Pages 48528 – 48529 [FR DOC # 2015-19917] PDF | Text | More

Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Alaska Pages 48531 – 48532 [FR DOC # 2015-19916] PDF | Text | More

Waste Management System; Testing and Monitoring Activities; Notice of Availability of Final Update V of SW-846 Pages 48522 – 48528 [FR DOC # 2015-20030] PDF | Text | More

Twenty-Eighth Update of the Federal Agency Hazardous Waste Compliance Docket Pages 49223 – 49235 [FR DOC # 2015-20248] 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:

Rules and Regulations Securement of Unattended Equipment Pages 47349 – 47386 [FR DOC # 2015-19002] PDF | Text | More

Proposed Rules:

Hours of Service Recordkeeping; Automated Recordkeeping Pages 51180 – 51192 [FR DOC # 2015-20663] PDF | Text | More

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: Delayed Applications Pages 46097 – 46098 [FR DOC # 2015-18721] PDF | Text | More

Special Permit Applications; Office of Hazardous Materials Safety Pages 46099 – 46101 [FR DOC # 2015-18723] PDF | Text | More

Hazardous Materials: Notice of Application for Special Permits Pages 46101 – 46103 [FR DOC # 2015-18718] PDF | Text | More

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 46098 – 46099 [FR DOC # 2015-18719] PDF | Text | More

Hazardous Materials: Notification of Anticipated Delay in Administrative Appeal Decisions Pages 47987 – 47987 [FR DOC # 2015-19507]        PDF | Text | More

Hazardous Materials: Information Collection Activities Pages 50070 – 50071 [FR DOC # 2015-20274] PDF | Text | More

Office of Hazardous Materials Safety; Hazardous Materials: Notice of Application for Special Permits Pages 51348 – 51349 [FR DOC # 2015-20482] PDF | Text | More

Office of Hazardous Materials Safety; Hazardous Materials: Delayed Applications Pages 51347 – 51348 [FR DOC # 2015-20480] PDF | Text | More

Office of Hazardous Materials Safety; Notice of Actions on Special Permit Applications Pages 51870 – 51871 [FR DOC # 2015-20481] PDF | Text | More

Office of Hazardous Materials Safety; Notice of Applications for Modification of Special Permit Pages 52363 – 52364 [FR DOC # 2015-20483] 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.

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.

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.

 July 1, 2015 through July 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:

Technical Amendments to the Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities-Correction of the Effective Date Pages 37988 – 37992 [FR DOC # 2015-15913] PDF | Text | More

Polychlorinated Biphenyls (PCBs): Revisions to Manifesting Regulations; Item Number Pages 37994 – 37995 [FR DOC # 2015-16395] PDF | Text | More

Transboundary Shipments of Hazardous Wastes Between OECD Member Countries: Revisions to the List of OECD Member Countries Pages 37992 – 37994 [FR DOC # 2015-16400] PDF | Text | More

Hazardous Waste Management System; Identification and Listing of Hazardous Waste Amendment Pages 42735 – 42738 [FR DOC # 2015-17672] PDF | Text | More

Proposed Rules:

None

Notices:

None

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: Delayed Applications Pages 37733 – 37734 [FR DOC # 2015-15845] PDF | Text | More

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 38267 – 38268 [FR DOC # 2015-15847] PDF | Text | More

 Hazardous Materials: Actions on Special Permit Applications Pages 38268 – 38271 [FR DOC # 2015-15846] PDF | Text | More

 Hazardous Materials: Notice of Application for Special Permits Pages 38271 – 38272 [FR DOC # 2015-15848] PDF | Text | More

And that’s it!  Not too much for July.  Maybe August will be a busier month for new regulations related to the transportation of hazardous materials or the management of hazardous waste.  If there is, you’ll be sure to know about first here.

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.

Here’s a question from a person with years of experience in the hazardous waste industry.  I know because he and I worked together years ago.  His latest question, from July 30th, 2015, is part of an ongoing conversation we’ve been having about the USEPA regulations for a hazardous waste transporter; and in particular, those regulations regarding the handling of hazardous waste in a 10-day transfer facility:

Is it necessary to have a different driver from the same company sign the RCRA Manifest as Transporter 2 when taking possession of it at a transfer facility from the driver who signed as Transporter 1?  I spoke to a lady from the USEPA who said “well sure you want the 2^nd transporter from the same company to sign, how else would you know who was driving” she was not real convincing. I spoke to <<name of state regulatory agency redacted>> and to a guy in <<name of state redacted>> and they both said no just the first driver from one company only needs to sign. If you come across anything please let me know. I will keep talking to people and looking things up. I would really like a concrete answer.

My response just a few hours later (7.30.15):

When in doubt.  Go to the regulations.

III. Instructions for Transporters Item 17. Transporters’ Acknowledgments of Receipt Enter the name of the person accepting the waste on behalf of the first transporter. That person must acknowledge acceptance of the waste described on the manifest by signing and entering the date of receipt. Only one signature per transportation company is required. Signatures are not required to track the movement of wastes in and out of transfer facilities, unless there is a change of custody between transporters. If applicable, enter the name of the person accepting the waste on behalf of the second transporter. That person must acknowledge acceptance of the waste described on the manifest by signing and entering the date of receipt.

Another satisfied, well…not a customer, just an old friend who happens to also be in the hazardous waste transportation and disposal industry.

Hey Dan,

Thanks for the quick help, I really appreciate it. The good news is it sounds like we have been doing it correct to date. It always drives me nuts when I get different answers from people. You are right, when in doubt go to the regs.

Thanks again,