The RCRA regulations for hazardous waste provide a generator of hazardous waste with four hazardous waste accumulation units, they are:

• Containers
• Tanks
• Drip pads
• Containment buildings

A Large Quantity Generator of hazardous waste that accumulates its hazardous waste in tanks must comply with the regulations of 40 CFR 265, Subpart J – Tank Systems, referenced from §262.34(a)(ii).  A brief summary of these regulations reveals the following regulatory responsibilities for an LQG:

• A thorough integrity assessment for existing tank systems.
• Stringent design standards and installation requirements for new tanks.
• Specifications for secondary containment and leak detection systems.
• General operating requirements.
• Inspection requirements:  frequency and scope.
• Response to spills or leaks.
• Requirements for tanks that are unfit for use.
• Closure and post-closure care.  LQG is not subject to full post-closure care.
• Special requirements for ignitable, reactive, or incompatible wastes.

A Small Quantity Generator of hazardous waste (SQG) that accumulates hazardous waste in tanks need comply solely with the requirements of 40 CFR 265.201.

This article will focus on the specific requirements of 40 CFR 265.194 – General Operating Requirements for the management of hazardous waste in a tank at an LQG. (more…)

The first deadline for submittal of this report for calendar year 2013 is fast approaching.  If you intend to submit the Annual Waste Summary to the Texas Commission on Environmental Quality (TCEQ) by hardcopy it must be received by January 25, 2014.  If you intend to complete the report using STEERS the deadline for its submittal is March 1, 2014.  See below for information about this report and to confirm if it applies to you. (more…)

SACRAMENTO, Calif. – A Department of Toxic Substances Control (DTSC) investigation resulted in the successful prosecution and sentencing of former hazardous waste transporter Roy Paul Gressly for six felony violations of the Hazardous Waste Control Act.  DTSC’s Office of Criminal Investigations participated in the joint investigation with the US Environmental Protection Agency and the Santa Fe Springs Fire Department. The California Attorney General’s Office prosecuted the case against Gressly, who pleaded no contest to the six felony violations. Gressly was sentenced on Jan. 7, 2014, in Los Angeles Superior Court to 120 days in jail and three years probation for two counts of unlawful disposal of hazardous waste, two counts of unlawful storage of hazardous waste and two counts of unlawful transportation of hazardous waste to unauthorized locations.  “This type of illegal conduct will be investigated fully and those responsible will be held accountable,” said Reed Sato, DTSC Chief Counsel. “Illegal disposal, storage and transportation of hazardous waste threatens the health of the citizens of this community. I am pleased that we brought this violator to justice.

During his probation, Gressly is prohibited from working in the hazardous waste business. The court also ordered Gressly to pay more than $228,000 in restitution to former customers and landlords who had to clean up illegally stored and abandoned hazardous waste, and to pay a criminal fine of $7,500 plus applicable assessments, surcharges and penalties.  Operating under several business names, Gressly was a commercial hazardous waste transporter who accepted hazardous waste from customers for delivery to authorized disposal facilities.  Instead of delivering the waste for proper disposal, he stockpiled it at three unauthorized locations in the Los Angeles area and abandoned some of the waste at two of those locations. A spill from a leaking tanker truck prompted the investigation that discovered the violations.  Due to Gressly’s illegal activities, his former customers and the owners of properties where Gressly illegally stored and abandoned hazardous waste, had to pay substantial cleanup costs. In addition, public funds were necessary to clean up the waste.

# # #

FOR GENERAL INQUIRIES: Contact the Department of Toxic Substances

Here for the full press release

Every generator of hazardous waste should take note of the fact that it was Mr. Gressly’s customers (ie. the generators of hazardous waste who entrusted him to dispose of it) along with the owners of the property where it was illegally stored that were initially responsible for clean-up costs.  They are fortunate that the state was able to recover some money from Mr. Gressly to compensate them for their losses.  The generator of a hazardous waste has a Cradle-to-Grave responsibility for its proper management.  This responsibility exists under the regulations of the Resource Conservation and Recovery Act (RCRA) for active hazardous waste sites (like this one) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for abandoned sites.

If you generate a hazardous, part of your cradle-to-grave responsibility is to provide initial training along with an annual review for all facility personnel.  Contact me to provide the mandatory RCRA training for your facility personnel.

[slideshare id=29698624&doc=40cfr261-140104225527-phpapp02]

The RCRA contingency plan is a requirement for large quantity generators of hazardous waste (LQGs) and hazardous waste treatment storage and disposal facilities (TSDFs) pursuant to 40 CFR 265, Subpart D [now 40 CFR 262, subpart M due to the Generator Improvements Rule].  It is a document that describes specific actions a facility must take in the event of a fire, explosion, or release of hazardous waste. Learn more about the RCRA Contingency Plan.

The purpose of this article: identify and explain the requirements of 40 CFR 262, subpart D to maintain records of the 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?

Fortunately, the changes made by the Generator Improvements Rule did not affect the recordkeeping requirements for the contingency plan (the subject of this article) except to change the regulatory citation.  This article has been revised to include reference to the regulations both prior to and after the Generator Improvements Rule.

Please refer to this series of articles if you’re interested in all of the requirements of 40 CFR 262, subpart M to create and maintain a contingency plan.

(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) 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.

December 1 through December 31, 2013

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

None

Proposed Rules:

Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code Pages 79363 – 79388 [FR DOC # 2013-31046] PDF | Text | More

Notices:

Information Collection Activities Pages 72972 – 72977 [FR DOC # 2013-29015] PDF | Text | More

New Jersey Regulations on Transportation of Regulated Medical Waste Pages 75672 – 75676 [FR DOC # 2013-29604] PDF | Text | More

Research and Development; Public Meeting Pages 78506 – 78506 [FR DOC # 2013-30707] PDF | Text | More

Research and Development; Public Meeting Pages 78506 – 78507 [FR DOC # 2013-30789] PDF | Text | More

Information Collection Activities Pages 79561 – 79563 [FR DOC # 2013-31162] PDF | Text | More

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; Land Disposal Restrictions  Pages 74127 – 74128 [FR DOC # 2013-29449] PDF | Text | More

Underground Injection Control Program; Hazardous Waste Injection Restrictions; Petition for Exemption-Class I Hazardous Waste Injection; Mosaic Fertilizer, LLC Uncle Sam, LA Pages 76294 – 76294 [FR DOC # 2013-29983] PDF | Text | More

Vermont: Proposed Authorization of State Hazardous Waste Management Program Revisions Pages 79654 – 79655 [FR DOC # 2013-31125] PDF | Text | More

Vermont: Final Authorization of State Hazardous Waste Management Program Revisions Pages 79615 – 79619 [FR DOC # 2013-31121] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it, 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 do that.  Please contact me for a free consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance.

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.

November 1 through November 31, 2013

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans Pages 69310 – 69310 [FR DOC # 2013-27733]  PDF | Text | More

Proposed Rules:

Hazardous Materials: Rail Petitions and Recommendations To Improve the Safety of Railroad Tank Car Transportation (RRR) Pages 66326 – 66327 [FR DOC # 2013-26402]        PDF | Text | More

Notices:

International Standards on the Transport of Dangerous Goods Pages 68501 – 68502 [FR DOC # 2013-27235] PDF | Text | More

Safety and Security Plans for Class 3 Hazardous Materials Transported by Rail Pages 69745 – 69746 [FR DOC # 2013-27785] PDF | Text | More

Paperless Hazard Communications Pilot Program Pages 70399 – 70410 [FR DOC # 2013-28168] PDF | Text | More

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

Civil Monetary Penalty Inflation Adjustment Rule Pages 66643 – 66648 [FR DOC # 2013-26648] PDF | Text | More

West Virginia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 70225 – 70231 [FR DOC # 2013-28151]    PDF | Text | More

Proposed Rules:

West Virginia: Final Authorization of State Hazardous Waste Management Program Revisions  Pages 70255 – 70255 [FR DOC # 2013-28150]    PDF | Text | More

Notices:

None

Information can be helpful but it’s useless if you are not able to make sense of it, 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 do that.  Please contact me for a free consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance.

The operating record is a term referred to in the RCRA regulations in several places applicable to generators of hazardous waste.  For example, at 40 CFR 262.16(b)(8)(vi)(B) – applicable to a small quantity generator of hazardous waste (SQG) – and §262.256(b) – applicable to a large quantity generator (LQG) – one may read:

…This documentation must include documentation in the operating record….

And, §265.56(i) – applicable to a hazardous waste Treatment Storage and Disposal Facilities (TSDF) – reads in part:

The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan.

In both of the above citations, the use of the term “operating record” may be confusing to an SQG or LQG, but should not be to a hazardous waste TSDF.  Why is that?  Because nowhere in the regulations applicable to an SQG or LQG will you find an explanation of what the USEPA means by the term operating record.  But in the regulations applicable to a TSDF at §264.73 (if permitted) or §265.73 (if interim status) one may read a detailed explanation of what the USEPA requires in an operating record.

Unfortunately, most of the information required to be maintained in an operating record applies solely to a TSDF (e.g. methods of treatment, storage, and disposal at the facility, post-closure cost estimates, etc.) and means little to a facility that generates and accumulates solely its own hazardous waste, therefore I won’t list them here.  Suffice to say the operating record must be a written document (paper or electronic format) that is a compilation of various files, forms, data, databases, records, and reports.  In short: All the information necessary for a TSDF to verify its compliance with USEPA regulations.  Unless indicated otherwise, it must be kept at the facility until its closure.

For an LQG or SQG, the operating record isn’t anything more than a collection of the records maintained at its facility to demonstrate compliance.  If necessary, an SQG or LQG may need to add to it the documentation required by §262.16(b)(8)(vi)(B) and §262.256(b), respectively.

Operating record is a term of which SQGs and LQGS must be aware.  But its description can’t be found without digging into a part of the regulations that most generators of hazardous waste never need to go (those regulations applicable solely to a TSDF).  Despite recent improvements (read about the Generator Improvements Rule), the USEPA regulations applicable to a generator of hazardous waste can be confusing – and that’s before you throw in the state regulations! (does my state have an authorized hazardous waste program?)

Read the news release:  Saint-Gobain Plastics Assessed $1,730 Penalty for Hazardous Waste Management Violations, Must Provide iPads to Worcester Fire Dept.

BOSTON – Saint-Gobain Performance Plastics Corporation, which operates a coating facility at 717 Plantation Street in Worcester, has been assessed penalties totaling $6,900 by the Massachusetts Department of Environmental Protection (MassDEP) for violating Hazardous Waste regulations.

During a routine inspection conducted in the fall of 2012, MassDEP determined the company had accumulated hazardous waste for longer than the time allowed under its registered generator status. As part of a consent order with MassDEP, the company will pay a $1,730 penalty and perform a Supplemental Environmental Project in lieu of paying a larger penalty amount.

The project includes the purchase of four iPads and associated hardware and software that will be given to the Worcester Fire Department. The iPads will allow first-responders to access a chemical database web site while in the field, providing them with detailed chemical datasheets within seconds.

“The company, once notified of the violation, took steps quickly to return to compliance and proposed the Supplemental Environmental Project,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester.  “The iPads will be a great resource for the Worcester Fire Department and greatly assist in their response to certain emergency situations.”

MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills and the preservation of wetlands and coastal resources.

It’s good that the company quickly returned to compliance.  It would be even better if it had not had the violations in the first place.  Contact me for a free RCRA training consultation or with any questions you may have about the management of hazardous waste.