On June 18, 2014 the USEPA made revisions to its regulations regarding the export of Cathode Ray Tubes (CRTs).  Those persons involved in the export of CRTs for reuse or recycling – eg. electronic collectors and recyclers – must review these revised regulations to ensure compliance.

In an earlier revision (2006) to the regulations of the Resource Conservation and Recovery Act (RCRA) the USEPA created an exclusion from regulation as a solid waste for CRTs if certain conditions are met (review the RCRA Exclusion From Regulation for CRTs at 40 CFR 261.4(a)(22)).  This June 18, 2014 publication is a revision to the export requirements for those regulations.

Specifically, the rule:

(1) Adds a definition of “CRT exporter” to eliminate potential confusion over who is responsible for fulfilling CRT exporter duties, including submitting the export notices.
(2) Requires information on all interim and final destinations for CRTs exported for recycling to provide more complete information to receiving countries.
(3) Requires annual reports from exporters of used CRTs sent for recycling to provide EPA more accurate information on the total quantity of CRTs exported for recycling during a calendar year.
(4) Replaces the one-time notice for used CRTs exported for reuse with an expanded, periodic notice to improve tracking, and thus better management, of these CRTs.
(5) Requires that normal business records maintained by exporters of used CRTs for reuse be translated into English upon request.

Refer to the USEPA Webpage for Cathode Ray Tube (CRT) Regulations for more information.

Use caution when selecting your CRT recycler:

Cathode Ray Tube Recycler Fined by AZ DEQ

Criminal Penalties for CRT Recycler

Criminal Penalties for Michigan CRT Recycler 

Without the use of the above referenced RCRA exclusion, your CRTs may be required to be managed as a hazardous waste.  The knowledge of this exclusion – and others, see below – is critical for anyone who generates a hazardous waste or – as in the case of CRTs – generates something that could be a hazardous waste.

Please contact me for a free RCRA Training consultation or any questions you may have about the hazardous waste regulations of the USEPA.

June 2014 – Rules & Regulations, Proposed Rules, and Notices Regarding the Management of Hazardous Waste and the Transportation of Hazardous Materials

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 30, 2014 through June 30, 2014

EPA – Environmental Protection Agency:

Rules and Regulations:

Identification and Listing of Hazardous Waste

Pages 35290 – 35290 [FR DOC # 2014-14607]

PDF | Text | More

Revisions to the Export Provisions of the Cathode Ray Tube (CRT) Rule

Pages 36220 – 36231 [FR DOC # 2014-14996]

PDF | Text | More

Proposed Rules:

Spring 2014 Regulatory Agenda

Pages 34115 – 34123 [FR DOC # 2014-13130]

PDF | Text | More

Definition of “Waters of the United States” Under the Clean Water Act; Extension of Comment Period

Pages 35712 – 35713 [FR DOC # 2014-14674]

PDF | Text | More

Notices:

None

FAA – Federal Aviation Administration:

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – Federal Motor Carrier Safety Administration:

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

Pages 32014 – 32016 [FR DOC # 2014-12790]

PDF | Text | More

Hours of Service of Drivers: Application of Illumination Fireworks, LLC and ACE Pyro LLC, for Exemption From the 14-Hour Rule During Independence Day Celebrations

Pages 36579 – 36581 [FR DOC # 2014-15043]

PDF | Text | More

FRA – Federal Railroad Administration:

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

PHMSA – Pipeline and Hazardous Materials Safety Administration:

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Office of Hazardous Materials Safety

Pages 31178 – 31179 [FR DOC # 2014-12438]

PDF | Text | More

Office of Hazardous Materials Safety; Notice of Application for Special Permits

Pages 31179 – 31180 [FR DOC # 2014-12437]

PDF | Text | More

Office of Hazardous Materials Safety; List of Applications Delayed More Than 180 Days

Pages 31405 – 31406 [FR DOC # 2014-12439]

PDF | Text | More

Office of Hazardous Materials Safety; Notice of Applications for Modification of Special Permit

Pages 31406 – 31406 [FR DOC # 2014-12436]

PDF | Text | More

Hazardous Materials: Notice of Availability of Draft Environmental Assessment and Request for Public Comment for a Special Permit Relating to the Transport of Precursor Chemicals From Syria in Port Arthur, Texas

Pages 33802 – 33803 [FR DOC # 2014-13685]

PDF | Text | More

Office of Hazardous Materials Safety; Notice of Applications for Modification of Special Permit

Pages 35406 – 35407 [FR DOC # 2014-14182]

PDF | Text | More

Office of Hazardous Materials Safety; Notice of Application for Special Permits

Pages 35407 – 35408 [FR DOC # 2014-14181]

PDF | Text | More

Office of Hazardous Materials Safety

Pages 35408 – 35410 [FR DOC # 2014-14129]

PDF | Text | More

Office Of Hazardous Materials Safety; List of Applications

Pages 35410 – 35411 [FR DOC # 2014-14183]

PDF | Text | More

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 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 USEPA (and your state) and the PHMSA/USDOT.

This is the eighth – and last – in a series that takes a close look at the requirements of 40 CFR 265, Subpart D – Contingency Plan and Emergency Procedures.  This Subpart, along with the remainder for Part 265 is applicable to permitted hazardous waste treatment, storage, and disposal facilities (TSDFs) and to large quantity generators of hazardous waste (LQGs).  A Contingency Plan and the emergency procedures outlined in Subpart D are critical for the safe operation of a hazardous waste facility and to ensure compliance with state and Federal regulations.

The purpose of this article is to read, review, and explain the requirements of 40 CFR 265.56 Emergency Procedures.

Hold on a minute!  These regulations were revised and moved to a new location within Title 40 of the CFR by the Generator Improvements Rule.  If your state has not yet adopted the Generator Improvements Rule, then this article is still applicable to you (but it won’t be for much longer).  If your state has adopted and been authorized to enforce the Generator Improvements Rule, then these regulations no longer apply to you.  Read: What is the status of the Generator Improvements Rule in my state?

To see an explanation of these regulations as revised by the Generator Improvements Rule you must refer to the following:

• Large quantity generator of hazardous waste (LQG)
• Small quantity generator of hazardous waste (SQG)

Read the previous article in this series:  40 CFR 265.55 Emergency Coordinator or read on to learn about 40 CFR 265.56 Emergency Procedures.

To see an explanation of the regulations prior to the revisions of the Generator Improvements Rule, please continue reading this article.
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If you do business in Delaware, then staying tuned-in to the activities of the Department of Natural Resources and Environmental Control is a must.  Thankfully, the DNREC assists the regulated community in this by publishing a biweekly update of what its up to in the form of an electronic newsletter:  Division of Air & Waste Management Newsletter (DAWM Newsletter).  It features current information on the Divisions of Air Quality, Waste and Hazardous Substances, and Water regarding public meetings, workshops, hearings, and regulatory documents available for public comment, as well as general news updates.

The subscription is free.

To subscribe, follow this link to the DNREC list of its newsletters, publications, and other communications:  http://www.dnrec.delaware.gov/Pages/DNRECLists.aspx

It looks like this:

There are many lists and publications to choose from, consider them all; but the purpose of this article is to direct you to the Divisions of Waste and Hazardous Substances List in the bottom left-hand corner (circled in red).  Just click on the link and it will open your default email software.  Send a blank email and your done.

If you have any questions you may call Stacy Jones  at 302-739-9400, or send an email to Stacy.Jones@state.de.us

Visit the Delaware DNREC website at: www.awm.delaware.gov

My Onsite Training is a great way to train all of your Hazardous Waste Personnel on the DNREC regulations regarding the management of hazardous waste.  Training that covers just what you need to know!  Contact me for a free training consultation.

The Colorado Department of Public Health and Environment enforces the Colorado state regulations under the authority of the Federal Resource Conservation and Recovery Act (RCRA).  RCRA provides for authorization of a state hazardous waste program as long as its regulations are at least as strict and as broad as those of the USEPA.  State regulations that are more strict and more broad are allowed as well.  If you do business in Colorado you should be aware of how the CO DPHE determines the monetary penalty for violations of its regulations.  A full description of this policy can be found on the CO DPHE website:  State of Colorado Hazardous Waste Penalty Policy.  See below for a description of the possible penalties and the factors considered by the Department when determining monetary penalties. (more…)

The Bullet:

The generator of a hazardous waste violated basic requirements of the hazardous waste regulations.  And, as a consequence, also violated the Hazardous Material Regulations of the PHMSA/USDOT.  These avoidable violations have resulted in significant criminal violations for this company and its officers.

Who:

Action Manufacturing Company in Atglen, PA.

The initial inspection was conducted by the USEPA’s Land and Chemical Division and the Pennsylvania Department of Environmental Protection (PA DEP).

The case was investigated by the EPA’s Criminal Investigation Division and the U.S. Department of Transportation Office of Inspector General. It is being prosecuted by Assistant U. S. Attorney Elizabeth Abrams.

What:

Action Manufacturing Company’s production process generates an explosive hazardous waste.  State and Federal regulations codified under the Resource Conservation and Recovery Act (RCRA) require hazardous wastes to be managed according to the applicable generator regulations while accumulated on-site and sent off-site for disposal only to permitted hazardous waste Treatment, Storage, & Disposal Facilities (TSDFs).  Instead of complying with these regulations, the company stockpiled hazardous wastes on-site for – in some cases – several years in gross violation of the generator on-site accumulation time limits.

Where:

Action Manufacturing Company is headquartered in Bristol, Bucks County, PA.

The hazardous waste in question was stored at its facility in Atglen, Chester County, PA

When:

Initial inspection was completed by the USEPA’s Land and Chemical Division and the Pennsylvania Department of Environmental Protection (PA DEP) in November 2011.

Action Manufacturing entered the guilty plea on May 21, 2014.

A sentencing hearing is scheduled for August 27, 2014.

Why:

Federal and state hazardous waste regulations require a generator of hazardous waste to comply with applicable regulations in lieu of obtaining a permit for the storage of a hazardous waste.  Indefinite, long-term storage of this type without a permit is not allowed.  Further, evidence of a knowing violation of the regulations can lead to criminal prosecution, as in this case.  Also, as is often the case, violations of the USEPA hazardous waste regulations results in violations of the PHMSA/USDOT regulations for the transportation of a hazardous material (in this case a hazardous waste).

How:

Both Federal and state regulations allow authorities of the USEPA or your state, if it has an authorized hazardous waste program, to enter the property of a hazardous waste generator at any reasonable time and go anyplace hazardous waste are or have been.

Conclusion:

I don’t pretend to know all the facts of this case.  I am relying solely on the news release of the USEPA:  Pennsylvania Company Pleads Guilty to Improper Storage of Explosive Hazardous Waste and Agrees to $1.2 Million Fine.  However, it appears to me that compliance with the regulations of the USEPA and the PA DEP would not have been that difficult and certainly are preferable over this outcome.

Don’t wait!  Contact me for a free consultation regarding your compliance with the regulations of the USEPA, your state, and the PHMSA/USDOT.

As a state with an authorized hazardous waste program under the Resource Conservation and Recovery Act (RCRA) Cal EPA can enact regulations for the management of hazardous waste that are more broad and more strict than those of the USEPA.  If you’ve done business in California you know that its regulations pertaining to waste management (not just hazardous waste, but also used oil, universal waste, and non-RCRA hazardous waste) are much more strict than those of the USEPA – or any other state.  You’ll also know that the Department of Toxic Substances Control (DTSC), one of six boards/departments within Cal EPA, is responsible for managing the hazardous waste program in California and that CUPAs (Certified Unified The purpose of this article is to focus on just one aspect of California’s hazardous waste regulations:  The On-Site Accumulation Time Limit for Generators of Hazardous Waste.

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The Bullet:

A big name Treatment Storage and Disposal Facility that should have known better got itself fined for what amounts to as a mis-interpretation of 40 CFR 261.2(e).  If you ever thought that some firms (the ones you know by name) are too big to make mistakes in complying with the hazardous waste regulations, think again.

Who:

United State Environmental Protection Agency (USEPA) Region 6.

Clean Harbors El Dorado, LLC

What:

The facility specializes in the treatment of hazardous and non-hazardous wastes by high temperature incineration. As part of its operations, Clean Harbor’s generated hazardous waste that was improperly sold as a commercial substitute. Under the federal RCRA program, hazardous substances must be stored, handled and disposed of using measures that safeguard public health and the environment. This waste is no longer being sold and all wastes are now properly being disposed.

Where:

El Dorado, AK

When:

Announced May 13, 2014.  Initial inspections that brought the violations to light were in 2009 & 2011.

Why:

EPA Regional Administrator Ron Curry:  “Environmental protection is everyone’s job and companies must follow our environmental laws.  Communities expect company’s work practices to protect lives and the environment. By enforcing the law, we do our part in protecting people where they live, work and play.”

How:

The USEPA is tasked with protecting the land, water, and air of the US from excessive environmental damage.

Conclusion:

As part of the agreement, Clean Harbors has also committed to conduct an environmental project, valued at $750,000 routing hazardous emissions from hazardous waste storage tanks to the secondary combustion chamber.

Read the USEPA Press Release

If a big company like Clean Harbors can make a mistake about the hazardous waste regulations, and then be fined because of that mistake, it behooves all of us to ensure we have received the proper training.  Please contact me for your free training consultation.

The Bullet:

A lot of money ($3.6 million, to be exact) was made available to a variety of organizations to provide training in unspecified environmental disciplines for the unemployed and underemployed in their area.

Who:

United States Environmental Protection Agency (USEPA) made grant money available to 18 grantees nationwide; they are:

• Hunters Point Family; San Francisco, Calif.
• City of Durham, N.C.
• Memphis Bioworks, Tenn.
• City of Milwaukee, Wis.
• Los Angeles Conservation Corps, Calif.
• Cypress Mandela Training Center; Oakland, Calif.
• St. Nicks Alliance; Brooklyn, N.Y.
• Civic Works; Baltimore, Md.
• Community Development Corporation of Tampa, Fla.
• Limitless Vistas; New Orleans, La.
• City of Camden, Ark.
• Energy Coordinating Agency; Philadelphia, Penn.
• Lewis and Clark County, Mont.
• Alaska Forum
• Northstar Center for Human Development; Hartford, Conn.
• City of Detroit, Mich.
• The Workplace, Inc.; Bridgeport, Conn.
• Mo-Kan Regional Council; St. Joseph, Mo.

What:

Grant money to be used to train the unemployed and underemployed on the hazardous waste response (HazWoper) regulations of  the Occupational Health and Safety Administration.

Where:

Nationwide

When:

Announcement made May 12, 2014.

Why:

It is hoped that graduates of the program will go on to private-sector jobs in the “Green Economy”.

How:

Grant money is made available to local/regional organizations that then work with the private sector to provide the training and assist trained individuals with employment.  Read on if you’re interested in Funding Available Through the Workforce Investment Act.

Conclusion:

I’m all for training.  And if grant money is what it takes to get it done, that’s OK too.  Just be sure you get the right training.

Read the USEPA press release.

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