In earlier articles I wrote of the regulatory requirement for a facility that generates any solid waste to conduct a hazardous waste determination:  The Hazardous Waste Determination and the basis for making the hazardous waste determination.  To summarize both articles, a generator of a solid waste must determine if the waste is a hazardous waste and if any applicable exemptions or exclusions exist.  This determination may be based on the analysis of a representative sample of the waste by an approved lab and test method (analysis-based), or it may be based on the generator’s  knowledge of the raw materials and processes involved (knowledge-based).  Either way, the generator must document not only the results of the determination (ie. hazardous or non-hazardous) but also the basis for that determination.  The purpose of this article is to make known the USEPA requirements for maintaining records of the hazardous waste determination. (more…)

Pursuant to the universal waste regulations at 40 CFR 273 a Small Quantity Handler or a Large Quantity Handler of Universal Waste may self-transport Universal Waste off-site as long as it complies with the following:

• Universal waste must be transported to another universal waste handler, a destination facility, or a foreign destination.
• Handler must comply with the transporter requirements of §273, Subpart D while transporting the universal waste.

This article will make known the requirements of 40 CFR 273, Subpart D – Standards for Universal Waste Transporters. (more…)

Under the authority of the Resource Conservation and Recovery Act (RCRA), US EPA Region 2 and the New Jersey Department of Environmental Protection have undertaken a clean-up of a container & packaging re-conditioner in Elk Township, NJ.

RCRA is typically known for its regulation of hazardous waste “Cradle to Grave”.

• “Cradle” being the hazardous waste generator,
• “to” being the transportation of the hazardous waste to off-site treatment, storage, or disposal, and;
• “Grave”, the final disposition of the waste, typically by application into or on the land.

Less well known is RCRA’s provisions for the remediation or cleanup of hazardous waste from active hazardous waste facilities – such as this one – both generators (ie. Cradle) and Treatment Storage and Disposal Facilities (ie. Grave).

RCRA authority however, does not extend to the remediation and cleanup of hazardous waste contamination at inactive or abandoned sites or from spills that require emergency response.  The cleanup of these sites is left to CERCLA, the Comprehensive Environmental Response, Compensation, and Liability Act; commonly called Superfund.

Whatever the Act or regulation, improper management of hazardous waste can result in significant costs in the form of agency fines and the need for cleanup.  Contact me to ensure your RCRA training and DOT HazMat Employee training is sufficient to prevent an enforcement action of this type.

READ the News Release:

Release Date: 09/30/2013

Contact Information: John Martin (212) 637-3662; martin.johnj@epa.gov

(New York, N.Y.) The U.S. Environmental Protection Agency has obtained a federal warrant to do the necessary cleanup work at the Superior Barrel & Drum company facility in Elk Township, New Jersey, where more than a thousand unlabeled or improperly labeled drums and other containers have been left in a state of disrepair. Many of the drums are leaking their contents onto the ground and are exposed to wind and rain. The EPA and the NJDEP are currently investigating the drums and containers at the site under a warrant that was previously issued by a federal judge when the facility owner refused to give the EPA access to the facility. The EPA is working with Elk Township, the local fire and police departments and the NJDEP on the investigation and cleanup of the facility.

“This facility contains a large number of barrels that need to be addressed. The EPA intends to do everything necessary to ensure that hazardous materials at the facility do not harm the public,” said Judith A. Enck, EPA Regional Administrator. “The EPA’s top priority is preventing a release, fire or explosion that could endanger the community or pollute the environment.”

On August 29, 2013, the EPA was asked by the NJDEP to evaluate the facility and take appropriate actions to remove any threat posed by substances in the drums and other containers. The EPA is currently evaluating what substances are present in the drums and containers and assessing whether they could cause a chemical release or fire. The site is partially in a federally protected wetland. 

“Conditions at this facility are inexcusable,” New Jersey Department of Environmental Protection Commissioner Bob Martin said. “The DEP will continue to work with the Environmental Protection Agency on the categorization and safe removal of these materials, as well as soil testing and monitoring to ensure the environment and public health are protected. We will also support any legal or enforcement actions deemed necessary to restore this site and protect the public.”

The EPA began its investigation on August 30, 2013. Field tests indicate that some drums contain hazardous materials, including corrosive and flammable chemicals. The preliminary results of samples sent to the laboratory show the presence of volatile organic compounds such as benzene and other hazardous substances such as lead. Exposure to these pollutants can have serious health effects. Benzene is known to cause cancer and lead is a toxic metal that is especially dangerous to children because their growing bodies can absorb more of it than adults. Lead in children can result in I.Q. deficiencies, reading and learning disabilities, reduced attention spans, hyperactivity and other behavioral problems. 

The EPA is continuing to sample the contents of containers and drums at the site. The first set of final laboratory data is expected in the next few weeks. The EPA has secured the facility by installing fencing, warning signs and round the clock surveillance.

Once it completes its investigation, the EPA will work with state and local agencies to take appropriate steps to remove the hazardous waste and protect the public. The EPA is monitoring the air near the work areas. The EPA will secure the materials and make arrangements for their transport and proper disposal out of the area. Prior to removal of any of the hazardous materials, the EPA will develop a contingency plan to ensure that the removal of the chemicals is done safely. Fire department and hazardous materials response teams will be consulted and prepared to respond to the site if necessary. Throughout the cleanup, the municipal government and local community will be kept informed.

For photos and information about the EPA’s work at the Superior Barrel & Drum site, visit:http://epa.gov/region02/superfund/removal/superiorbarrel.

Release Date: 09/30/2013

Contact Information: Suzanne Skadowski, EPA Region 10 Public Affairs, 206-295-4829, skadowski.suzanne@epa.gov

(Seattle – September 30, 2013) The City of Tacoma has settled with the U.S. Environmental Protection Agency for violating federal rules on used oil contaminated with toxic polychlorinated biphenyls or PCBs.

“Today’s settlement should serve as a reminder that handling used oil requires attention to the requirements designed to prevent the distribution of PCBs,” said Edward Kowalski, Director of EPA’s enforcement program in Seattle. “Simple testing for PCBs before shipping used oil off-site helps protect people and the environment and prevents contamination of oil that can otherwise be recycled and reused.”
 
According to EPA, the City of Tacoma shipped 750 gallons of used oil contaminated with PCBs from the City’s landfill to Emerald Services, an oil recycling and reuse company. The City did not know that the used oil was contaminated with PCBs before they shipped the oil. Emerald Services found the problem during their routine oil testing and was able to trace the PCB-contaminated oil to the City’s shipment.
 
EPA discovered the violations when Emerald Services provided a waste report to EPA, as required by federal regulations, describing the PCB waste. The City’s oil shipment resulted in the PCB contamination of approximately 8,250 gallons of used oil at Emerald Services. Under federal rules, Emerald Services could not recycle the PCB-contaminated oil, and instead was required to dispose of the used oil as hazardous waste.
 
To settle the violations, the City of Tacoma has agreed to pay a $40,000 federal penalty.
 
PCBs are chemicals used in paints, industrial equipment, and cooling oil for electrical transformers. More than 1.5 billion pounds of PCBs were manufactured in the U.S. before EPA banned their production in 1978, and many PCB-containing materials are still in use today.
 
When released into the environment, PCBs remain for decades. Tests have shown that PCBs cause cancer in animals and are suspected carcinogens in humans. Concerns about human health and the persistence of PCBs in the environment led Congress to enact the Toxic Substances Control Act in 1976.
 
More about safely recycling oil:  http://www.epa.gov/osw/conserve/materials/usedoil/index.htm

Read more about the Management of Used Oil.  It is important to note that oil containing PCB’s cannot meet the definition of a Used Oil and therefore cannot be managed per 40 CFR 279.  PCB-containing oil must be handled per the TSCA (Toxic Substances Control Act) regulations of 40 CFR 761, and not the RCRA regulations of 40 CFR 239-299.  It is not managed as a hazardous waste as the 3rd paragraph of the above news release reports.

Though not a hazardous waste, a used oil is still subject to regulations governing its composition, on-site management, and off-site disposal.  Make certain you are in compliance with these regulations and everything else required by RCRA.  The cost of training is slight compared to fines like these.  Please don’t hesitate to contact me with questions about the management of used oil, hazardous waste, universal waste, and more.

09/23/2013

Removal of chemical waste to start this week

Contact: Richard Mylott, 303-312-6654

(Denver, Colo. – September 23, 2013) The U.S. Environmental Protection Agency (EPA) will begin to remove hazardous materials at the Parish Chemical Company site in Vineyard, Utah during the week of September 23. The 2.5 acre site, located at 145 North Geneva Road, operated as a chemical manufacturing facility between 1978 and 2012. EPA cleanup activities will include the removal and proper disposal or recycling of several thousand containers at the facility. EPA estimates the cleanup will be completed by the summer of 2014.

“EPA’s Superfund removal action will bring closure to a long history of environmental concerns at the Parish Chemical facility,” said David Romero, EPA’s On-Scene Coordinator at the site. “We are pleased to be moving quickly to eliminate a long-standing risk to the community and expect to safely remove all hazardous materials at the site by next year.”

EPA and the State of Utah have a long history at the Parish Chemical site. Previous inspections have identified significant noncompliance with state and federal laws regulating the management and storage of hazardous wastes. EPA conducted a cleanup action at the facility after a fire in 1992 and again in 2008 to address a threat caused by improperly stored hazardous substances.

A March 2013 settlement between EPA and a court-appointed receiver for Parish Chemical included a $100,000 penalty for violations of the Resource Conservation and Recovery Act and prohibits the company from manufacturing chemicals or generating hazardous waste at the site. EPA and the receiver also entered into a separate agreement that resolved Parish Chemical’s liability for cleanup costs under the Superfund law. The property is currently held in trust, and EPA is entitled to collect proceeds up to approximately $900,000 of the sale of the site property.

The Parish Chemical Company’s Vineyard facility specialized in the research, development and production of organic chemicals and materials. The site includes a two-story building with offices, laboratories, and process areas and contains several chemical and drum storage areas and surface impoundments. The following materials, among others, have been found at the facility: acetone, dimethyl formamide, petroleum ether, tetrahydrofuran, dichloroethyl ether, benzene, toluene, perchloric acid and phosphorus pentachloride.

It shouldn’t come as a surprise that a company with a long history of RCRA violations for its management of hazardous waste should leave behind it an ugly legacy that requires the Superfund Law to address.  Make certain that your facility is in compliance with the complex and confusing RCRA regulations for the management of hazardous waste.  Contact me for a free consultation.

From the USEPA website:  Hazardous Waste Pharmaceuticals Wiki

EPA launched the Hazardous Waste Pharmaceuticals Wiki  as a public platform for healthcare professionals to share their expertise regarding whether pharmaceuticals are hazardous waste when discarded. Professionals in the healthcare industry must register to edit and contribute new information to the wiki, pending EPA’s approval. Anyone may view the Wiki without registering. This project will foster compliance with the Resource Conservation and Recovery Act in the healthcare industry by aiding that first crucial step in managing hazardous waste: determining that the waste is indeed a hazardous waste.

Who can Participate?

Members of the healthcare community are invited to participate. This includes healthcare professionals, state and local agencies, tribes, federal agencies, consultants, nonprofit organizations, and members of industry and professional organizations, among others. Anyone can view the Hazardous Waste Pharmaceuticals Wiki, but only those in the healthcare community may contribute to or edit the Wiki.

How can I Participate?

• Share your expertise in waste determinations to aid in the proper disposal of hazardous waste pharmaceuticals to protect human health and the environment.
• Add information specific to your State’s hazardous waste programs to aid others located in that State.
• Share helpful links to assist others in the healthcare community.

Visit the Hazardous Waste Pharmaceuticals Wiki  for more information, including instructions on how to register.

What if I’m not a Healthcare Professional?

This Wiki is intended to help healthcare professionals that discard pharmaceuticals; it is not intended for household consumers of pharmaceuticals. The status of pharmaceuticals as hazardous waste should not imply that they are unsafe for use when they are taken as directed. For recommended disposal practices of pharmaceuticals by household consumers, see Pharmaceuticals and Personal Care Products (PDF).

It is important to note that an improper hazardous waste determination for pharmaceutical waste is a frequent cause of RCRA violations at hospitals and medical facilities.  I recommend you take advantage of this wiki to improve your knowledge of pharmaceutical disposal and perhaps provide information that may help others.

Please don’t hesitate to contact me with any questions you may have about the management of hazardous waste at a hospital or pharmaceutical manufacturer.

The off-site shipment of a hazardous waste from a Large or Small Quantity Generator of hazardous waste (an LQG or SQG, respectively) requires the use of the Uniform Hazardous Waste Manifest (the manifest).  The purpose of the manifest is to provide documentation to track the hazardous waste from its “Cradle”, ie. its point of generation to its “Grave” or its point of final disposal.  A component of this “Cradle to Grave” tracking is the Exception Report.  Its purpose is to confirm the acceptance of a hazardous waste shipped from an LQG or SQG, and carried by one or more transporters, by the facility designated on the manifest as the destination for the hazardous waste (the designated facility).  This article will explain how an LQG or SQG must comply with the 40 CFR 262.42 – Exception Reporting, and what records are required to be maintained. (more…)

This article is the first in a series to address the requirements of 40 CFR 265, subpart D – Contingency Plan and Emergency Procedures as it applies to a large quantity generator of hazardous waste (LQG).  Each article will explain the requirements of a specific section of Subpart D.  Keep in mind the regulations of your state may differ from these Federal regulations.

The purpose of this article: identify and explain the requirements of 40 CFR 265.50 Applicability of the Contingency

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)

To see an explanation of the regulations prior to the revisions of the Generator Improvements Rule, please continue reading this article.

(more…)

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The regulations of 40 CFR 265 apply primarily to hazardous waste Treatment Storage and Disposal Facilities (TSDF’s) with interim status (interim status means the facility operates prior to issuance of a RCRA Subtitle C operating permit).  However, different aspects of these regulations may apply to the operations of hazardous waste generators as well.

This series of articles will address each section of §265, Subpart D in detail, taken as a whole, it will provide guidance on what a large quantity generator (LQG) must do to comply with Subpart D of 40 CFR 265.

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)

If you are interested in comparing the text of the regulations prior to and after the Generator Improvements Rule, you can view a “crosswalk” of the old to new regulations:  Comparison of New and Old Requirements in Generator Improvements Rule:  Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators

To see an explanation of the regulations prior to the revisions of the Generator Improvements Rule, please continue reading this article.

(more…)