March/April 2014– Announcements of Proposed Rules, Changes to the Rules, and Final Rules for RCRA and the HMR
The Federal Register is a communication tool used by the US Government.
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) 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. (more…)
USEPA Requirements for the Packaging, Labeling, and Marking of a Hazardous Waste Container for Off-Site Transportation
Both Large Quantity Generators and Small Quantity Generators of hazardous waste are responsible for the cradle-to-grave management of the hazardous waste they generate. One of their responsibilities is to properly identify containers of hazardous waste when it is accumulated on-site and when it is offered for off-site transportation. As an LQG or SQG it is important for you to know the distinct requirements for identifying your hazardous waste both when it is at its accumulation or storage area, and when it is being prepared for off-site transportation.
Not sure of your hazardous waste generator status?
Violations of RCRA Regulations Result in Significant Cost for California Retailers
When thinking of those subject to state and Federal regulations for the management of hazardous waste, it’s natural to think manufacturing and industry. However, when the Resource Conservation and Recovery Act (RCRA) was drafted the intent was to regulate the generation, management, treatment, transportation, and disposal of hazardous waste from Cradle-to-Grave no matter the source. This means that businesses very different from what we think of as heavy industry or manufacturing are subject to RCRA regulations and can be subject to penalties, fines, and violations for non-compliance. A perfect example of this is the retail sector which has had a few high-profile compliance issues recently:
As an example of the cost of non-compliance for the retail industry in just one state, see the table below for data collected by the California EPA’s Department of Toxic Substances Control for monetary settlements received just since 2010.
The hazardous waste regulations in California are more strict & more broad than those of the USEPA.
Retailer
Year
Total Settlement
Money Recouped by DTSC
Wal-Mart
2010
$27.7 Million
$1.17 Million
Target
2011
$22.5 Million
$578,000
Walgreens
2012
$16.6 Million
$991,625
CVS
2012
$13.75 Million
$249,625
Costco
2012
$3.5 Million
$37,750
Save Mart
2013
$2.55 Million
$28,000
Lowe’s
2014
$18.1 Million
$1.67 Million
Have you trained your Facility Personnel on the RCRA Hazardous Waste regulations?
Of course, training – both HazMat Employee and Hazardous Waste Personnel – can prevent the violations that lead to these monetary settlements. Another potential source of relief is the request for comments from the USEPA regarding the creation of hazardous waste regulations specific to the Retail Sector. Now is the time for your voice to be heard! But hurry, the deadline for comments is April 15th.
There is no deadline for training, so contact me with any questions you have about the regulations of the USEPA & the USDOT and the specific requirements of your state.
Illegal Handling and Disposal of Hazardous Waste Results in $18.1 Million Settlement for Lowe’s
The Bullet:
Lowe’s stores throughout California were busted by the California DTSC for gross violations of state and Federal hazardous waste regulations. Lowe’s agreed to pay a settlement of $18.1 million.
Who:
The California Department of Toxic Substances Control (DTSC), DTSC’s Office of Criminal Investigations (OCI), 31 California district attorneys and two city attorneys. OCI is a special investigation unit within DTSC consisting of peace officers, scientists and a computer forensic specialist who investigate criminal misconduct and other violations of the hazardous waste laws in California. It is the only criminal investigations unit within the California Environmental Protection Agency. It is part of the Office of Legal Affairs.
Lowe’s Home Centers operates more than 1,830 stores in the United States, Canada and Mexico. It serves approximately 15 million customers each week and employs more than 260,000 people.
What:
Under the final judgment, Lowe’s must pay $12.9 million in civil penalties and costs. An additional $2.1 million will fund supplemental environmental projects furthering consumer protection and environmental enforcement in California, and Lowe’s will fund hazardous waste minimization projects of $3.2 million. The retailer will be bound under terms of a permanent injunction prohibiting similar future violations of the law. DTSC will receive about $1.67 million paid as penalties.
Where:
The civil enforcement action was filed in Alameda County, California and led by the district attorneys of Alameda, San Joaquin and Solano counties. The alleged violations occurred at more than 118 Lowe’s stores throughout California.
When:
The settlement was announced by the CA DTSC on April 2, 2014. The violations are alleged to have occurred over a six and a half year period.
Why:
It is alleged that more than 118 Lowe’s stores throughout California unlawfully handled and disposed of hazardous wastes. Those hazardous wastes and materials included pesticides, aerosols, paint and colorants, solvents, adhesives, batteries, mercury-containing fluorescent bulbs, electronic waste and other toxic, ignitable and corrosive materials. At some Lowe’s stores, employees were unlawfully throwing away batteries and compact fluorescent light bulbs that customers had turned in to be recycled.
Stores are required to retain their hazardous waste in segregated, labeled containers to minimize the risk of exposure to employees and customers and to ensure that incompatible wastes do not combine to cause dangerous chemical reactions. Hazardous waste produced by California Lowe’s stores through damage, spills and returns is being collected by hazardous waste haulers registered with DTSC and taken to proper disposal facilities.
How:
From 2011 to 2013, OCI scientists and investigators conducted 17 dumpster examinations to gather evidence. These dumpster examinations revealed that Lowe’s was routinely and systematically sending hazardous wastes into local landfills throughout California that were not permitted to receive those wastes.
FOR GENERAL INQUIRIES: Contact the Department of Toxic Substances Control by phone at (800) 728-6942 or visit www.dtsc.ca.gov. To report illegal handling, discharge, or disposal of hazardous waste, call the Waste Alert Hotline at (800) 698-6942.
Lowe’s, like others in the retail industry, face unique challenges in the management and disposal of the hazardous waste they generate. That’s why the USEPA is currently seeking comments from those within the retail industry regarding the drafting of regulations specific to them. These violations are a good example of what can happen at a retail store – or any business – when facility personnel do not receive the required training: Hazardous Waste Personnel and HazMat Employee and as a result lack even a basic understanding of what is required for compliance.
State and Federal regulations require the training of HazMat Employees and Hazardous Waste Personnel
Please don’t hesitate to contact me with any questions about the hazardous waste regulations of the USEPA, CA DTSC, or whatever state your business is located.
Correcting Mistakes on a Uniform Hazardous Waste Manifest
Everybody makes mistakes, right? But what if those mistakes are made by a generator of hazardous waste on the uniform hazardous waste manifest? In this article I will explain the regulatory requirements of both the USEPA and the USDOT/PHMSA for correcting mistakes on the uniform hazardous waste manifest (Manifest).(more…)
Ammunition Manufacturing Facility in Anoka, MN Find $44,500 by MPCA for Hazardous Waste Violations
The Bullet:
Federal Cartridge Company has been fined and required to take corrective actions as a result of hazardous waste violations at its ammunition manufacturing facility in Anoka, MN.
Federal Cartridge Company has been assessed a fine of $44,500 for the following violations of MPCA regulations:
Failure to clean up a discharge of wastewater containing lead. The leachable concentration of lead in the discharge was determined to be greater than the regulatory threshold of 5.0 mg/L and therefore a hazardous waste for the Toxicity Characteristic of Lead. By not promptly cleaning-up the discharge of wastewater it becomes on-site disposal of hazardous waste to land without a permit.
Failure to gain prior approval from MPCA or to modify its hazardous waste facility permit for construction of a waste treatment tank. Since the press release refers to a “wastetreatment tank” and not a wastewatertreatment tank, I assume that Federal Cartridge Company treats its own hazardous waste on-site to reduce it’s volume, make it non-hazardous, or make it easier or cheaper to dispose of. Further, reference is made to the company’s “hazardous waste facility permit”. Treatment of wastewater is regulated under the Clean Water Act (CWA) whereas treatment of waste is regulated under the Resource Conservation and Recovery Act (RCRA).
Where:
Federal Cartridge Company is located in Anoka, MN
Be sure you’re in compliance with the MPCA!
When:
Initial inspection by MPCA conducted May 2013.
Construction project (without MPCA approval) initiated later in 2013.
Penalty announced by the MPCA March 19, 2014.
Why:
The actions of Federal Cartridge Company are viewed by MPCA to be a threat to the health and safety of the people and environment of Minnesota and therefore require correction and a penalty.
How:
As a state with an authorized hazardous waste program under RCRA, the MPCA is responsible for the enforcement of hazardous waste regulations in Minnesota. A state may make its own regulations more strict and more broad than those of the USEPA, which MPCA has done. MPCA may enter a facility at any reasonable time to conduct an inspection of its property, collect samples for analysis, and review company records.
Conclusion:
Two important take-aways from this incident:
A spill or release that is not promptly cleaned-up may be identified as disposal by a regulatory agency. If the spill or residue is a hazardous waste, then watch out!
No action should be taken at an industrial facility (and not just industrial, take a look at the $81 MILLION fine paid by WalMart) without considering the impact on environmental regulatory compliance, state and Federal.
Cathode Ray Tube Recycling Facility Fined by Arizona DEQ
The Bullet:
Dlubak Glass, based in Blairsville, PA will pay a fine of $120,000 to the Arizona Department of Environmental Quality for violations of the Resource Conservation and Recovery Act (RCRA) regulations.
Dlubak Glass, based in Blairsville, PA operates a cathode ray tube recycling facility in Yuma, AZ. Violations were found and civil penalty assessed by the Arizona Department of Environmental Quality.
What:
“During an inspection ADEQ inspectors found broken CRT glass throughout the five-acre facility and stained soil in several locations. The stained soil also was observed extending about 20 feet into an orchard adjoining the Dlubak property. Samples taken on the property found levels of lead as much as 75 times more than the maximum federal and state exceedance level of five milligrams per liter.
In addition, the broken glass was stored in open, unlabeled cardboard containers and washing activities were conducted on an outdoor concrete pad. State regulations require that all CRT storage and processing activities be conducted within a building with a roof, floor and walls.”
Dlubak Glass was assessed a penalty of $120,000 for the above violations.
Where:
The Dlubak Glass facility where the violations occurred is located at 19538 S. Avenue 1 East in Yuma, AZ. Dlubak Glass has other plants located in Pennsylvania, Ohio, Kentucky,Texas, and Oklahoma.
When:
Date of initial inspection was not indicated in the ADEQ press release. The date the decision was announced was March 7, 2014.
Why:
“Their unlawful management of hazardous waste put employees and the environment at risk,” said ADEQ Director Henry Darwin. “But they hired environmental consultants, changed their operating procedures and did the soil cleanup in reaching a resolution in the case.”
Cathode ray tubes are found in many older computer monitors and televisions. If recycled properly they are excluded from the definition of a solid waste and are therefore subject to little or no regulation. However, the exclusion hinges on proper recycling of the CRTs which was not the case here. If improperly managed during recycling CRTs may release lead and other harmful pollutants into the environment.
How:
As a state with an authorized hazardous waste program, the Arizona DEQ has the authority to inspect, investigate, and assess fines of facility’s found to be in violation of state regulations. The state regulations of the ADEQ are designed to protect the health and safety of the environment and people of Arizona.
Conclusion:
If you generate a hazardous waste it is important that you conduct an audit of the facilities that receive your waste for treatment (eg. recycling) storage or disposal. It is especially important if you are using a conditional exclusion from regulation for your waste that depends upon its proper recycling by the TSDF.
Not sure of your hazardous waste generator status?
You must also provide initial (within 90 days) and annual training for all facility personnel if you are an LQG of hazardous waste. Confused? Call me for a free consultation on the regulations of the USEPA, ADEQ or the USDOT.
Hazardous and Solid Waste Violations at Crow Wing County Landfill
Crow Wing County Landfill and the Minnesota Pollution Control Agency (MPCA). Contact: Stephen Mikkelson, (218) 316-3887
What:
The facility accepted for temporary storage 15 barrels labeled as a characteristic hazardous waste (D001 for Ignitability). The barrels were disposed of in the municipal solid waste portion of the landfill.
Where:
Crow Wing County Landfill is located east of Brainerd, MN
When:
Violation occurred November of 2012.
Announced March 5, 2014
Why:
A hazardous waste (D001 for Ignitability) must be treated, stored, or disposed of only at a facility that has a permit under Subtitle C of the Resource Conservation and Recovery Act (RCRA). Such a facility would also have to operate in compliance with the USEPA regulations of 40 CFR 264/265 (or their State equivalent). A municipal solid waste landfill cannot accept hazardous waste for disposal unless there is an exception allowed by the state for hazardous waste from a Conditionally Exempt Small Quantity Generator (CESQG). Given the quantity of hazardous waste in this case, it is unlikely it originated from a CESQG. Also, liquids of all kinds (hazardous or non-hazardous) are banned from landfill disposal.
How:
As a state with an authorized hazardous waste program, the MPCA has the authority to enforce hazardous waste regulations within Minnesota.
Please don’t hesitate to contact me if you have any questions about the management of hazardous waste or the transportation of hazardous materials.
The Requirements of 40 CFR 265.54 Amendment of the RCRA Contingency Plan for Large Quantity Generator of Hazardous Waste
This article is the sixth 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 265.54 Amendment of Contingency Plan.
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:
To see an explanation of the regulations prior to the revisions of the Generator Improvements Rule, please continue reading this article. (more…)
The New Solvent Wipes Conditional Exclusion in Iowa
Way back in July 23, 2013 the Environmental Protection Agency (EPA) announced an impending – and long awaited – modification of the nation’s hazardous waste regulations to conditionally exclude certain solvent-contaminated wipes from specific hazardous waste requirements. This long-awaited final rule makes the following changes to the EPA’s hazardous waste regulations:
What is the status of the Solvent Wipe Rule in Iowa?
Creates the following new terms and definitions at 40 CFR 260.10:
No free liquids
Solvent-contaminated wipes
Wipe
Creates a new conditional exclusion from definition as a solid waste at 40 CFR 261.4(a)(26): Solvent-Contaminated Wipes Sent for Cleaning and Reuse
Creates a new conditional exclusion from definition as a hazardous waste at 40 CFR 261.4(b)(18): Solvent-Contaminated Wipes, Except Wipes with Trichloroethylene, Sent for Disposal.
These new Federal regulations went into effect on January 31, 2014. However, since they represent a relaxation and reduction of existing EPA regulations they are not effective in states with an authorized hazardous waste program unless and until that state chooses to adopt them. Among the states with an authorized hazaroud waste program, some have chosen to adopt the Federal rule as their own, some are in consideration, and others have indicated an intention not to adopt it, but what about Iowa?
Iowa follows the Federal regulations for the management of hazardous waste.
Iowa does not have an authorized hazardous waste program under RCRA and, according to an informal conversation with an IDNR official, it has no intention of ever acquiring one. Therefore this Federal rule is effective in Iowa as of January 31st 2014 and a person or business in Iowa has the option to follow this conditional exclusion for the management of its solvent-contaminated wipes. Please carefully review the requirements of this conditional exclusion to determine your compliance with these Federal regulations.
First we’ll start with the new definitions in §260.10:
No free liquids, as used in 40 CFR 261.4(a)(26) and 40 CFR 261.4(b)(18), means that solvent-contaminated wipes may not contain free liquids as determined by Method 9095B (Paint Filter Liquids Test), included in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” (EPA Publication SW-846), which is incorporated by reference, and that there is no free liquid in the container holding wipes. No free liquids may also be determined using another standard or test method as defined by an authorized state.
Solvent-contaminated wipe means a wipe that, after use or after cleaning up a spill, either (1) contains one or more of the F001 through F005 solvents listed in 40 CFR 261.31 or the corresponding P- or U- listed solvents found in 40 CFR 261.33; (2) exhibits a hazardous characteristic found in 40 CFR part 261 subpart C when that characteristic results from a solvent listed in 40 CFR part 261; and/or (3) exhibits only the hazardous waste characteristic of ignitability found in 40 CFR 261.21 due to the presence of one or more solvents that are not listed in 40 CFR part 261. Solvent-contaminated wipes that contain listed hazardous waste other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions at 40 CFR 261.4(a)(26) and 40 CFR 261.4(b)(18).
Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.
The definition of No Free Liquids may mistakenly lead you to believe that any free liquids in a solvent-contaminated wipes container precludes the use of this exclusion; this is not so. The issue of free liquids in the solvent-contaminated wipes container will be addressed later in this article.
To meet the definition and be subject to the exclusion a solvent-contaminated wipe must be either of the following:
Cleaned and reused after use at an industrial laundry or dry cleaner (hereafter referred to as “reusable wipes”).
Or…
Disposed of after use at a municipal solid waste landfill or a solid waste combustion unit (hereafter referred to as “disposable wipes”).
In addition, a solvent contaminated wipe must be one of the following:
A wipe containing one or more F001-F005 listed solvents found in §261.31 or the corresponding P- or U-listed solvents found in §261.33, including those listed in Table 1:
Table 1 – Listed Solvents (from 40 CFR 261) for the Solvent-Contaminated Wipes Conditional Exclusion
Acetone
Isobutyl Alcohol
Benzene
Methanol
n-Butanol
Methyl Ethyl Ketone
Chlorobenzene
Methyl Isobutyl Ketone
Creosols
Methylene Chloride
Cyclohexanone
Tetrachloroethylene
1,2-Dichlorobenzene
Toluene
Ethyl Acetate
1,1,2-Trichloroethane
Ethyl Benzene
Trichloroethylene
(for reusable wipes only)
2-Ethoxyethanol
Xylenes
Or…
A wipe that exhibits a hazardous waste characteristic (Ignitability, Corrosivity, Reactivity, or Toxicity) resulting from a solvent listed in Table 1.
Or…
A wipe that exhibits only the hazardous characteristic of Ignitability resulting from a solvent not listed in §261 or Table 1.
Question:
What is an example of a solvent that exhibits only the hazardous characteristic of Ignitability from a solvent not listed in §261?
Answer:
Isopropyl Alcohol (aka Isopropanol) is just one example.
Whether reusable or disposable, a solvent-contaminated wipe must be managed according to specific requirements in order be subject to the exclusion, these include:
Solvent Contaminated Wipes Must be Kept in a Closed Container
On-site accumulation and off-site transportation must be in closed containers (sealed for off-site transportation) that are capable of containing free liquids, if any are present.
Containers must be labeled: “Excluded Solvent-Contaminated Wipes”.
On-site accumulation of solvent-contaminated wipes may not exceed 180 days.
Containers of solvent-contaminated wipes may not contain free liquids at the point of being sent off-site. If present, any free liquids removed from the wipes during its on-site accumulation will need to be managed as a hazardous waste. Free liquids may be present in a solvent-contaminated wipes container for the 180 days that it remains on-site and need not be managed as a distinct wastestream until the point the wipes are shipped off-site for disposal or laundering.
Generators of solvent-contaminated wipes must maintain records of documents that include:
Name and address of the laundry, dry cleaner, landfill, or combustion unit.
Evidence that the 180 day on-site accumulation limit has not been exceeded. This can be accomplished by placing the initial date of accumulation on the container.
Description of the process the generator is using to meet the “no free liquids” condition.
As noted above, the presence of free liquids in the solvent-contaminated wipes container is not a violation of the regulations. However, the free liquids, if present, must be managed properly when the solvent-contaminated wipes are shipped off-site. To determine if free liquids are present, refer to the definition in §260.10, it references the EPA standard method to identify the presence of free liquids: the Paint Filter Test.
A reusable wipe, if excluded from definition as a solid waste at 40 CFR 261.4(a)(26) is neither a solid waste nor a hazardous waste and is therefore not subject to any regulation in Iowa other than the requirements of the exclusion itself.
A disposable wipe, if excluded from definition as a hazardous waste at 40 CFR 261.4(b)(18), remains a solid waste and may be an Iowa Special Waste. In Iowa, generators of Special Waste must receive approval from a landfill prior to disposal (see: Special Waste Authorization in Iowa).
Disposable wipes that are contaminated with Trichloroethylene are not eligible for the exclusion. EPA feels wipes contaminated with Trichloroethylene are not safe for disposal in a municipal solid waste landfill. Therefore, these disposable wipes will need to be managed as a hazardous waste.
Reusable wipes must go to a laundry or dry cleaner whose wastewater discharge, if any, is regulated under the Clean Water Act. Disposable wipes must go to one of the following:
A combustor regulated under the Clean Air Act.
A hazardous waste combustor, boiler, or industrial furnace regulated under RCRA.
A municipal solid waste landfill or hazardous waste landfill regulated under RCRA.
