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.

 April 1, 2015 through April 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:

Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities Pages 21301 – 21501 [FR DOC # 2015-00257] PDF | Text | More

Vermont: Final Authorization of State Hazardous Waste Management Program Revisions Pages 21650 – 21654 [FR DOC # 2015-08997] PDF | Text | More

Proposed Rules:

Vermont: Proposed Authorization of State Hazardous Waste Management Program Revisions Pages 21691 – 21692 [FR DOC # 2015-08996] PDF | Text | More

Notices:

Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export Pages 19080 – 19084 [FR DOC # 2015-08064] PDF | Text | More

Agency Information Collection Activities; Proposed Collection; Comment Request; NESHAP for Hazardous Waste Combustors; Renewal Pages 20223 – 20224 [FR DOC # 2015-08661] 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:

Civil Penalties Inflation Adjustments Pages 18146 – 18158 [FR DOC # 2015-07701] PDF | Text | More

Proposed Rules:

None

Notices:

National Hazardous Materials Route Registry Pages 23859 – 24009 [FR DOC # 2015-09701] 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:

None

Notices:

Hazardous Materials: Information Requirements Related to the Transportation of Trains Carrying Specified Volumes of Flammable Liquids Pages 22778 – 22779 [FR DOC # 2015-09437] PDF | Text | More

Emergency Order Establishing a Maximum Operating Speed of 40 mph in High-Threat Urban Areas for Certain Trains Transporting Large Quantities of Class 3 Flammable Liquids Pages 23321 – 23326 [FR DOC # 2015-09614] 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:

Clarification on Policy for Additional Name Requests Regarding Fireworks Pages 17706 – 17707 [FR DOC # 2015-07425]   PDF | Text | More

Proposed Rules:

None

Notices:

Hazardous Materials: Explosive Approvals-Applicant Contact Information and Compliance With Special Provision 347 Pages 20066 – 20073 [FR DOC # 2015-08470] PDF | Text | More

Hazardous Materials: Delayed Applications Pages 22779 – 22780 [FR DOC # 2015-09354] PDF | Text | More

Hazardous Materials; Notice of Application for Modification of Special Permit Pages 22780 – 22781 [FR DOC # 2015-09356] PDF | Text | More

Hazardous Materials: Actions on Special Permit Applications Pages 22782 – 22784 [FR DOC # 2015-09355] PDF | Text | More

Hazardous Materials: Notice of Application for Special Permits Pages 22784 – 22785 [FR DOC # 2015-09352] PDF | Text | More

Hazardous Materials: Information Requirements Related to the Transportation of Trains Carrying Specified Volumes of Flammable Liquids Pages 22778 – 22779 [FR DOC # 2015-09437] PDF | Text | More

Hazardous Materials: Emergency Response Information Requirements Pages 22781 – 22782 [FR DOC # 2015-09436] PDF | Text | More

Pittsburgh, Pennsylvania Permit Requirements for Transportation of Hazardous Material Pages 23328 – 23328 [FR DOC # 2015-09632] PDF | Text | More

New York City Permit Requirements for Transportation of Certain Hazardous Materials Pages 23328 – 23329 [FR DOC # 2015-09634] PDF | Text | More

Hazardous Materials: Information Collection Activities Pages 23852 – 23854 [FR DOC # 2015-09896] PDF | Text | More

Hazardous Materials: Safety Advisory-Unauthorized Certification of Compressed Gas Cylinders Pages 23851 – 23852 [FR DOC # 2015-09937] 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.

A question from a past attendee of one of my RCRA TRAINING WEBINARS:

Hello Daniel,
I reviewed the material from our training and see that recordkeeping for Haz Waste is to maintain record for 3 years from last effective date.
I have inherited the file cabinet for our facility and have records going back to 1991. Is there some other requirement for NY that I may be missing or am I due for a file clean up?

My reply that same day (I must have been in the office):

That is a good question.  New York may have recordkeeping requirements that are more strict than those of USEPA.  It is possible that they may require a longer retention period for RCRA records, though I have not seen any indication of this.

OK.  Not my best response.  But look!  I invested a little time in some research of the hazardous waste regulations of the New York State Department of Environmental Conservation and came up with this reply on March 18th:

I have learned that when it comes to the hazardous waste regulations codified under RCRA, California is different. And here is just one example of it: buried in the California Health and Safety Code at 25160.7 is a requirement for a hazardous waste generator or a TSDF to ensure, prior to loading hazardous waste on a vehicle, that the driver of the vehicle has a valid Commercial Driver’s License (CDL) with the proper endorsement. Don’t believe me? Read it for yourself:

25160.7. An authorized representative of the generator or facility operator that is responsible for loading hazardous waste into a transport vehicle shall, prior to that loading, ensure that the driver of the transport vehicle is in possession of the appropriate class of driver’s license and any endorsement required to lawfully operate the transport vehicle with its intended load.

How can a California generator of hazardous waste comply with this requirement?  Well, one way is to ask to see the driver’s CDL prior to loading his/her truck.  (I suggest documenting this procedure).  Another would be to obtain written confirmation from the motor carrier that all of their drivers have the proper CDL and endorsement.

Read this article to learn what you should look for on the CDL and what endorsements may be found there:  What Information Must be on the Commercial Driver’s License?

Remember that the definition of a hazardous waste in California is much more broad than the Federal.  A hazardous waste in California includes:  used oil, ethylene glycol antifreeze, corrosive solid, an expansive list of metals (e.g. copper, zinc, cobalt), asbestos, and much more.

Contact me if you have questions about the generation, management, or transportation of hazardous waste in California.

I spend a lot of time in hotels when I travel in order to provide the training required for businesses subject to the Hazardous Material Regulations of the PHMSA/USDOT and those subject to the hazardous waste regulations (codified from RCRA) of the USEPA.  And sometimes elements of those two activities (the regulations and my lodging accommodations) come together.

A hotel, like most businesses, requires some form of hazardous materials in order to provide a service or create a product.  In the case of a hotel these may include chemicals for cleaning its rooms or maintaining its pool.

In order to have these hazardous materials on-site the hotel must arrange to have them delivered and that, according to 49 CFR 171.1, makes them subject to the HMR:

In addition, the law authorizes the Secretary to apply these regulations to persons who cause hazardous materials to be transported in commerce.

Does it matter that the amounts are small?  No.  Unless subject to one of the exceptions of 49 CFR 173 – and the amounts pictured here are not small enough to qualify for those exceptions – then all of the requirements of the HMR apply.  Including…wait for it…HazMat Employee training.

What about the waste generated by a hotel, is it subject to the hazardous waste regulations of the USEPA, and states with an authorized hazardous waste program?  The answer there is more complicated.

First of all, the regulations codified by the USEPA from the Resource Conservation and Recovery Act (RCRA) apply to all waste generated by a business, home, or government agency.  However, hotels are subject to a conditional exclusion from hazardous waste regulations for the routine waste they generate in servicing their customers.  It’s know as the Household Hazardous Waste Exclusion and is found at 40 CFR 261.4(a)(1).

The situation is further complicated because this hotel is located in California.  The California Department of Toxic Substances Control (DTSC) within the Cal EPA does not recognize the Federal Household Hazardous Waste Exclusion, so this hotel goes back to square one as a generator of hazardous waste.

Thanks to this conditional exclusion, a hotel that generates a waste during its normal activities is not required by Federal regulations to manage it as a hazardous waste.  A state, like California, may choose to make its regulations more strict and more broad than those of the USEPA and therefore make a business like a hotel subject to its State RCRA regulations.

The reach of the regulations, both those of the PHMSA/USDOT and those of the USEPA (and your State), go further than many first think.  Contact me if you have questions about the transportation of hazardous materials or the disposal of hazardous waste at your hotel.

In the January 13, 2015 Federal Register the USEPA announced its Final Rule for the Definition of Solid Waste (2015 DSW) which revised – and is supposed to correct deficiencies in – the 2008 Definition of Solid Waste Final Rule (2008 DSW).  Though announced, the 2015 DSW does not become effective until July 13, 2015 and then only at the Federal level and in states without an authorized hazardous waste program.

A full summary of the 2015 DSW can be found at the USEPA Website for its DSW Rulemakings.  The purpose of this article is to explain one small – but important – part of the 2015 DSW:  The codified definition of “contained”. (more…)

I hear it often from potential customers: while they prefer Seminars and Onsite Training, and they may be interested in a Learning Management System, they have little to no interest in Web-Based Training.  “They’re dull, uniform, not engaging, too passive, don’t hold trainees interest…” the list goes on.  But remember, Daniels Training Services offers “A different kind of training”, it says so right on the homepage of my website.  So before you judge too harshly, take a look at this short segment of my latest RCRA Training Webinar from April 27th, recorded as a video and loaded on YouTube.  In a few short minutes you’ll get a taste for what my Webinar Training is like and you’ll learn about the USEPA training requirements for Hazardous Waste Personnel as well!

https://www.youtube.com/watch?v=Ou85hkUxw9c

Interested in a RCRA Training Webinar?  Check out my SCHEDULE AND REGISTER NOW!

The start is a little awkward, I know, because you’re joining only seeing a snippet of the whole thing.  The point is that the Webinar has live audio and animation – provided by me.  And though no one took advantage of the opportunity in this example, Webinar trainees are free – and encouraged – to ask questions at any time during the training.  The goal of my Webinar Training is not just to provide you with the annual RCRA training requirement for Hazardous Waste Personnel, it’s also to ANSWER YOUR QUESTIONS.

You hear from guys like me all the time that the regulations of the Resource Conservation and Recovery Act (RCRA) – both State and Federal – are important.  But which ones are the most important?  Which of all of the regulations are the ones most likely to result in you receiving a Notice of Violation?  While I can’t answer that, I can provide you with a list of what the USEPA – Region 1 considers to be the most common RCRA violations and the citations of the Code of Federal Regulations where the regulation appears. (more…)

Generators of both RCRA hazardous waste and Non-RCRA hazardous waste in California must also be aware of the State’s ban on the landfill disposal of certain wastes. Take a look at the list below. Are any of these wastes in your trash or garbage? Is there even a possibility that they might be?

• Lamps – a universal waste subject to DTSC and USEPA regulations.
• Batteries – a universal waste subject to DTSC and USEPA regulations.
• Electronics – a universal waste subject to DTSC and USEPA regulations.
• Mercury-containing materials. – a universal waste subject to DTSC and USEPA regulations.
• Paints & solvents (latex & oil-based). – either a RCRA hazardous waste or a California-only non-RCRA hazardous waste.
• Non-empty aerosols. – a universal waste subject to DTSC and USEPA regulations.
• Asbestos – a California-only non-RCRA hazardous waste.
• Pressure treated lumber.
• Used oil filters. – a California-only non-RCRA hazardous waste.
• Used oil & antifreeze. – a California-only non-RCRA hazardous waste.
• Tires
• Needles & sharps.
• PCB ballast. – a California-only non-RCRA hazardous waste.
• Large metallic objects.
• Compressed gas cylinders.
• Household Haz Waste.

Source: UC Agriculture & Natural Resources Environmental Health and Safety Office: Managing Waste in California

Do you have questions about the management of RCRA hazardous waste, California-only non-RCRA hazardous waste, California universal waste, used oil, spent antifreeze or any one of a number of various wastes subject to DTSC regulations?  Contact me or attend my one-day DTSC Hazardous Waste Seminar in Ontario, CA on June 25, 2015.

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.

 March 1, 2015 through March 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:

Tennessee: Final Authorization of State Hazardous Waste Management Program Revisions Pages 14847 – 14852 [FR DOC # 2015-06512] PDF | Text | More

Proposed Rules:

Improving EPA Regulations Pages 12372 – 12373 [FR DOC # 2015-05303] PDF | Text | More

Tennessee: Final Authorization of State Hazardous Waste Management Program Revisions Pages 14894 – 14894 [FR DOC # 2015-06511] PDF | Text | More

Michigan: Final Authorization of State Hazardous Waste Management Program Revision Pages 17021 – 17024 [FR DOC # 2015-07347] PDF | Text | More

Notices:

Notice of Final Decision To Reissue the ArcelorMittal Burns Harbor, LLC Land-Ban Exemption Pages 12170 – 12171 [FR DOC # 2015-05240] PDF | Text | More

Notice of Final Decision To Reissue the Vickery Environmental, Inc. Land-Ban Exemption Pages 16374 – 16378 [FR DOC # 2015-06970] 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:

Nineteenth Meeting: RTCA Special Committee 225, Rechargeable Lithium Battery and Battery Systems Pages 14229 – 14229 [FR DOC # 2015-06260] PDF | Text | More

Hazardous Materials Safety Program Pages 14243 – 14244 [FR DOC # 2015-06158] 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:

Minimum Training Requirements for Entry-Level Drivers of Commercial Motor Vehicles: Negotiated Rulemaking Committee Meetings Pages 12136 – 12137 [FR DOC # 2015-05197] PDF | Text | More

Notices:

Motor Carrier Safety Advisory Committee (MCSAC): Public Meeting Pages 13663 – 13664 [FR DOC # 2015-05940] PDF | Text | More

FRA – Federal Railroad Administration:

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

Rules and Regulations:

Railworthiness Directive for Railroad Tank Cars Equipped With Certain McKenzie Valve & Machining LLC Valves Pages 14027 – 14029 [FR DOC # 2015-06213] PDF | Text | More

Proposed Rules:

None

Notices:

Filing Process for Petitions for Waiver and Other Exemptions, Applications, and Special Approvals Pages 13458 – 13458 [FR DOC # 2015-05751] 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: Spare Fuel Cell Cartridges Containing Flammable Gas Transported by Aircraft in Passenger and Crew Member Checked Baggage Pages 16579 – 16583 [FR DOC # 2015-07109] PDF | Text | More

Proposed Rules:

None

Notices:

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 15657 – 15658 [FR DOC # 2015-06473] PDF | Text | More

Hazardous Materials: Notice of Application for Special Permits Pages 15658 – 15659 [FR DOC # 2015-06469] PDF | Text | More

Hazardous Materials: Actions on Special Permit Applications Pages 15659 – 15660 [FR DOC # 2015-06463] PDF | Text | More

Hazardous Materials: Delayed Applications Pages 15660 – 15661 [FR DOC # 2015-06471] 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 Bullet:

Pinnacle Oilfield Services, Inc in Broussard, LA will pay a $146,585 civil penalty along with undertaking other measures due to its violations of the Resource Conservation and Recovery Act (RCRA).

Who:

Pinnacle Oilfield Services, Inc., in Broussard, LA

U.S. Environmental Protection Agency:  Contact: Joe Hubbard or Jennah Durant at 214-665-2200 or r6press@epa.gov

What:

The Resource Conservation and Recovery Act (RCRA) is the basis for all State and Federal regulations for the “cradle-to-grave” management of hazardous waste.  It is the responsibility of all waste generators to – along with many other responsibilities – perform a hazardous waste determination, determine their hazardous waste generator status, report that status to the appropriate regulatory authority (Louisiana DEQ in this case), and then comply with the “cradle-to-grave” regulations applicable to their hazardous waste generator status.

Where:

Pinnacle Oilfield Services, Inc. is located in Broussard, LA

When:

• USEPA news release dated 3/23/2015.
• No other dates regarding this case were made available in the news release, which is unusual.

Why:

Pinnacle has since 1994 reported as a Conditionally Exempt Small Quantity Generator (CESQG) of hazardous waste (i.e. generate ≤100 Kg of hazardous waste a month. However, USEPA found that during the past five years, the facility was actually a Large Quantity Generator (LQG) of hazardous waste generating ≥1,000 Kg of hazardous waste per month.

How:

It is interesting that USEPA is the lead enforcement agency in this case and there is not even a mention of the Louisiana DEQ, whose state this business operates in.  However, even in states with authorized hazardous waste programs like Louisiana, the USEPA may still come in to conduct its own inspections and assess violations and civil penalties as it sees fit.

Conclusion:

Correctly determining your hazardous waste generator status is a relatively simple exercise but, as in this instance, a very critical one.  Make certain you have accounted for all eligible hazardous waste you generate when determining your hazardous waste generator status.  Remember that your status could change from month-to-month.  And, if you are an LQG, you must provide annual training for all facility personnel who may come in contact with hazardous waste.

Please contact me to provide this training for you.