Anyone who generates used oil filters should use this tool to ensure the proper removal of used oil from their oil filters prior to disposal or recycling.

View a simple and informative YouTube video here:

Or, check out the website for more information:  Sabretooth Recycler

I RECEIVED A QUESTION FROM A COMPANY WITH WHICH I’VE HAD A LONG AND FULFILLING RELATIONSHIP.  I WAS GLAD TO HELP WHEN I RECEIVED THIS EMAIL ON APRIL 22ND:

Hello Dan.  I hope everything is going well for you.

Have you ever ran into a infectious waste that is potentially flammable too?  The generator can’t even find a lab to test it and the question has come up about both EPA waste designation and DOT.  Does infectious waste take precedence and you don’t need to consider the flammability for either DOT or RCRA?  Just asking if you knew something off the top, don’t need to investigate.

I DID HAVE SOMETHING OFF THE TOP – AND DID A LITTLE INVESTIGATING TOO – TO DELIVER BACK AN ANSWER THAT SAME DAY:

USEPA does not regulate Medical Waste.  Illinois EPA does however, as a Potentially Infectious Medical Waste.  USDOT regulates as an Infectious Substance when in transportation.  OSHA regulates as a BioHazard when worker exposure is a concern.

See below for articles related to this subject:

HIS REPLY JUST A FEW MINUTES LATER:

One of the hardest challenges for an EHS Professional is staying aware of changes to the Federal Regulations that affect your compliance.  Luckily, these new rules and regulations don’t just appear overnight.  Often they are the result of years of Notices of Proposed Rulemakings by the respective regulatory agencies followed by requests for comment from the regulated industry (that’s you!)  These comments may cause the agency to change the proposed rule which results in further notices until – perhaps months or years later – a Final Rule is published.  Usually the Final Rule is published months before it becomes effective. The Rulemaking Process is designed to encourage participation of the regulated industry and to ensure no one is caught flat-footed by changes to the Code of Federal Regulations.  This entire process is published periodically in the Federal Register.

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.

What I have done for the month of June 2015 is reviewed the list of publications in the Federal Register from the agencies listed below.  I have only included published notices that affect the management of waste and the transportation of hazardous materials.

• Environmental Protection Agency (EPA) publications related to the generation, management, and disposal of solid waste, hazardous waste, universal waste, and used oil.
• The following agencies – all within the Department of Transportation – for publications solely related to the transportation of hazardous materials (HazMat).
  • Pipeline & Hazardous Materials Safety Administration (PHMSA).
  • Federal Motor Carrier Safety Administration (FMCSA).
  • Federal Railroad Administration (FRA).
  • Federal Aviation Administration (FAA).

DISCLAIMER:  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.

 June 1, 2015 through June 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:

None

Proposed Rules:

Idaho: Authorization of State Hazardous Waste Management Program Revision Pages 31338 – 31342 [FR DOC # 2015-12932] PDF | Text | More

Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; Criteria for Classification of Solid Waste Disposal Facilities and Practices, Recordkeeping and Reporting Requirements Pages 34154 – 34155 [FR DOC # 2015-14658] PDF | Text | More

Agency Information Collection Activities; Proposed Collection; Comment Request; Hazardous Remediation Waste Management Requirements (HWIR Contaminated Media) Pages 34156 – 34157 [FR DOC # 2015-14657] 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:

Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits Pages 34839 – 34841 [FR DOC # 2015-14961] PDF | Text | More

State Compliance With Commercial Driver’s License Program: Correction Pages 36930 – 36932 [FR DOC # 2015-15906] PDF | Text | More

Proposed Rules:

Parts and Accessories Necessary for Safe Operation: Federal Motor Vehicle Safety Standards Certification for Commercial Motor Vehicles Operated by United States-Domiciled Motor Carriers Pages 34588 – 34593 [FR DOC # 2015-14934]     PDF | Text | More

Hazardous Materials Safety Permit (HMSP) Program: Amendment to Enforcement Policy Pages 35253 – 35255 [FR DOC # 2015-15091] 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:

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:

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.

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.

In a Final Rule published January 13, 2015 in the Federal Register, USEPA amended the definition of solid waste it had enacted in 2008 (2008 DSW).  The Federal regulations of the 2015 DSW become effective July 13, 2015.  States with an authorized hazardous waste program are required to adopt the Federal Rule or create their own more strict regulations; how and when they do this is up to each state.

• Read A Brief Summary of the 2015 Definition of Solid Waste Rule
• Read State Authorization and the Definition of Solid Waste Rule
• What is Speculative Accumulation?

The purpose of this article is to explain the changes made to the speculative accumulation provision by the 2015 DSW. (more…)

Under the Resource Conservation and Recovery Act (RCRA), USEPA will allow a state to operate its own hazardous waste program as long as it is at least as stringent and as broad as the Federal regulations.  A state with a hazardous waste program that meets these requirements is known as “Authorized”.  This means that states with an authorized hazardous waste program may not immediately – or at all – adopt regulations created by the USEPA unless new Federal regulations are more stringent and/or broad than those existing.  In the case of more strict Federal regulations, states must adopt them, but may do so on their own schedule.  Not surprisingly, this flexibility can create a patchwork of differing Federal and state RCRA regulations spreading across the U.S. like a quilt.

The purpose of this article is to explain how state authorization will impact implementation of the Federal regulations created by the 2015 Definition of Solid Waste Rule (2015 DSW). (more…)

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 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.

 May 1, 2015 through May 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:

None

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:

Railroad Safety Advisory Committee; Notice of Meeting Pages 26988 – 26988 [FR DOC # 2015-11269] PDF | Text | More

Proposed Agency Information Collection Activities; Comment Request Pages 30109 – 30110 [FR DOC # 2015-12579] PDF | Text | More

Proposed Agency Information Collection Activities; Comment Request Pages 30110 – 30112 [FR DOC # 2015-12584] PDF | Text | More

Proposed Agency Information Collection Activities; Comment Request Pages 30112 – 30113 [FR DOC # 2015-12578] PDF | Text | More

Proposed Agency Information Collection Activities; Comment Request Pages 30113 – 30114 [FR DOC # 2015-12580] 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: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains Pages 26643 – 26750 [FR DOC # 2015-10670]     PDF | Text | More

Proposed Rules:

None

Notices:

International Standards on the Transport of Dangerous Goods Pages 26617 – 26618 [FR DOC # 2015-11104] PDF | Text | More

Hazardous Materials: Information Collection Activities Pages 27844 – 27845 [FR DOC # 2015-11625] PDF | Text | More

Hazardous Materials: Notice of Application for Special Permits Pages 29156 – 29157 [FR DOC # 2015-11817] PDF | Text | More

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 29157 – 29158 [FR DOC # 2015-11825] PDF | Text | More

Hazardous Materials: Delayed Applications Pages 29387 – 29388 [FR DOC # 2015-11815] PDF | Text | More

Hazardous Materials: Actions on Special Permit Applications Pages 29388 – 29389 [FR DOC # 2015-11827] 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.

The Nevada Department of Environmental Regulation (NDEEP) adopted new regulations on October 24, 2014, revising its hazardous waste fees and authorizing new solid waste fees. Below are links to summary sheets outlining the revised and new fee structures each containing links to the adopted regulations:

 RCRA Hazardous Waste Fee Summary
 Solid Waste Fee Summary
 NDEP ePayment login page

Question to me (3.19.15) from a customer who had recently attended one of my TRAINING SEMINARS:

Dan,

I have a waste that is liquid but has no pH because it is not water-based. The SDS says it is DOT Class 8 so that means it must corrode steel at >0.25 inches/ year.  RCRA has a similar criteria, but are DOT and RCRA referring to the same test standard? If yes, then I clearly have a hazardous waste. Let me know.

Thanks,

My reply, later that same day:

The EPA definition of the hazardous characteristic for corrosivity (40 CFR 216.22) is an aqueous solution with a pH of 2 or less or 12.5 or greater or…

(2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55 °C (130 °F) as determined by Method 1110A in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, and as incorporated by reference in §260.11 of this chapter.

The DOT definition of Class 8 Corrosive includes a material that causes full thickness destruction of human skin at site of contact within a specified time period and…

A liquid, or a solid which may become liquid during transportation, that has a severe corrosion rate on steel or aluminum based on the criteria in §173.137(c)(2).

a corrosion on either steel or aluminum surfaces exceeding 6.25 mm (0.25 inch) a year at a test temperature of 55 °C (130 °F) when tested on both materials. The corrosion may be determined in accordance with the UN Manual of Tests and Criteria (IBR, see §171.7 of this subchapter) or other equivalent test methods.

Customers quick reply (still 3.19.15):

I’m curious, so on 3.20.15 I write:

Last correspondence on 3.20.15:

Conclusion:

The SDS says it is DOT Class 8 so that means it must corrode steel at >0.25 inches/ year.

The information in the SDS (and the old MSDS, for that matter) is not authorized by PHMSA/USDOT for purposes of compliance with the Hazardous Material Regulations.  Therefore, any information on an SDS/MSDS that purports to provide PHMSA/USDOT regulatory information should be taken as guidance only and not be relied on solely for the purposes of determining compliance.

The Bullet:

The U.S. Environmental Protection Agency resolved a series of enforcement actions directed at five Southern California metal finishing companies which will collectively pay more than $223,700 in civil penalties for hazardous waste and Clean Water Act violations.

Who:

• Anaplex Corporation in Paramount, CA
• Barkens Hard Chrome in Compton, CA
• Bowman Plating Company, Inc. in Compton, CA
• Alumin-Art Plating Company in Ontario, CA
• R.L. Anodizing and Plating, Inc. in Sun Valley, CA

Three of the facilities are located along the I-710 freeway corridor, an area of special concern to USEPA due to the disproportional impact of pollution on residents of this area.

What:

Anaplex has agreed to pay a $142,200 penalty for violations of RCRA and the Clean Water Act (CWA).  Hazardous waste violations include

• Failure to properly label and close hazardous waste containers.
• Failure to properly meet training requirements for its employees
• Did not operate the facility in a way that minimizes the possibility of hazardous waste being released into the environment.

Barkens has agreed to pay $28,100 in penalties to resolve its hazardous waste violations, including:

• Failure to minimize the release of hazardous waste.
• Failure to meet certification requirements for tanks used to transfer, store or treat hazardous waste.
• Failure to have proper decontamination equipment.
• Facility did not have the proper contingency plan for emergencies.
• Lacked adequate training records for its employees.

Bowman has agreed to pay a $9,900 penalty to resolve its hazardous waste violations, including:

• Failure to minimize releases of hazardous waste.
• Did not have a permit to store certain hazardous waste streams on-site.
• Failure to properly close hazardous waste containers.
• Did not maintain adequate aisle space for stored hazardous waste.

Alumin-Art has agreed to pay a $28,000 penalty to resolve hazardous waste violations found at its Ontario, CA. facility, including:

• Did not have a permit to store and treat hazardous waste.
• Failure to close a hazardous waste container.
• Failure to meet necessary training requirements for its employees.

R.L. Anodizing has agreed to pay a $15,500 penalty to resolve its hazardous waste violations including:

• Storing hazardous waste without the proper permit.
• Improper labeling, storing and maintenance of containers holding hazardous waste.

Where:

• Anaplex Corporation in Paramount, CA
• Barkens Hard Chrome in Compton, CA
• Bowman Plating Company, Inc. in Compton, CA
• Alumin-Art Plating Company in Ontario, CA
• R.L. Anodizing and Plating, Inc. in Sun Valley, CA

Three of the facilities are located along the I-710 freeway corridor, an area of special concern to USEPA due to the disproportional impact of pollution on residents of this area.

When:

Released May 14, 2015.

Investigations and actions by USEPA go back to 2010.

Why:

Metal finishers use a plating or anodizing process to coat industrial metal, and typically generate hazardous wastes including: sludges containing heavy metals such as chromium, cadmium, and lead; spent plating solutions containing metals or cyanides; flammable liquids; and both alkaline and acidic corrosive liquids.

How:

The Federal Resource Conservation and Recovery Act (RCRA) requires metal finishing companies – and everyone else – to properly manage hazardous waste to prevent harm to human health and the environment.  Under RCRA the California EPA, and with Cal EPA the Department of Toxic Substances Control, California has the authority to create and enforce its own regulations for hazardous waste.  Here, however, the USEPA stepped in to enforce Federal regulations.

Conclusion:

A perfect example of the USEPA exercising its Federal authority to enforce its regulations within a state that has an authorized hazardous waste program.  Federal or State, all hazardous waste regulations require training, and that’s what I do.  Contact me to schedule Onsite Hazardous Waste Personnel Training for you and all of your employees right there at your facility in California.  In one day and for only a little money you can avoid violations such as these.

For more information:
Media Contact: Nahal Mogharabi, Mogharabi.nahal@epa.gov, 213-244-1814

For more information on The Clean Water Act, please visit: http://www.epa.gov/lawsregs/laws/cwa.html

For more information on the Resource Conservation and Recovery Act, please visit: http://www.epa.gov/compliance/civil/rcra/index.html

For more information on EPA’s work at the I-710 corridor, please visit: http://www.epa.gov/region9/strategicplan/i710.html

Below is the notice I received from the Oregon Department of Environmental Quality on May 18th:

This notice serves as a reminder that the Hazardous Waste Training Classes offered by the Oregon Department of Environmental Quality are free of charge and offered on a first come, first served basis.

There is space available in the training class scheduled for May 27th in Medford, as well as the training class scheduled for June 17th in Eugene. Once these trainings are filled, you may ask to be added to a waiting list for one of those dates or you may register for another class.

View the complete schedule and registration instructions at: Training Schedule.

If you are unable to access this link, please email miller.denise@deq.state.or.us for assistance.

Note: When accessing this link, some web browsers may display a stored version of the previous schedule. Clearing the browser cache and reloading the page should allow you to view the current schedule.

And if you can’t make these, please consider attending my one day Hazardous Waste and HazMat Transportation Seminar in Portland, OR on July 23, 2015.