BELLEVUE – The Department of Ecology (Ecology) has fined Burlington Environmental LLC (Burlington Environmental) $180,000 for 13 violations of requirements for dangerous waste management at the company’s facility in Kent. The violations occurred between October 2012 and January 2013.

The facility, located at 20245 77th Ave. S., processes dangerous wastes from hundreds of commercial and industrial clients for proper shipment and disposal.

The company came into compliance quickly after the violations were identified.

“This facility has now incurred penalties of just over $1 million over the past 12 years for violating hazardous waste requirements. Those requirements protect the public, the environment and on-site worker safety,” said K Seiler, who manages Ecology’s hazardous waste and toxics reduction program. “Local processing for business and industrial wastes benefits our state’s economy and environment. We want the company to succeed at this, but properly and without violations.”

The violations fell into three general categories:

• Storage of dangerous waste in excess of required time limits.
• Inadequate training and management of supervisors and employees to follow conditions and standards of the facility’s dangerous waste permit.
• Failure to follow procedures required to ensure safe separation of incompatible materials.

The violations included a fire at the facility, which started because incompatible wastes came into contact and ignited.

“Our company has worked cooperatively with Ecology and the community to ensure our waste handling practices are safe and protective,” said Barbara Smith, Burlington Environmental spokesperson. “It is important to note that none of these incidents caused immediate threat to human or environmental health. No workers were injured. We corrected these issues quickly and diligently work to improve our compliance with the rules and regulations that govern our business.”

The company has the right to appeal the penalty to the Washington State Pollution Control Hearings Board within 30 days.

Burlington Environmental has paid $868,000 in penalties or through penalty settlements from 2001 to 2012.

Ensuring proper safety and environmental practices at hazardous waste processing facilities supports Ecology’s priority of preventing and reducing toxic threats to human health and the environment.

NOTE:  In Washington (a state with an authorized hazardous waste program) what is defined by the USEPA as a Hazardous Waste is identified as a Dangerous Waste.  In addition, Washington’s Department of Ecology (Ecology) has identified “state-only” dangerous wastes which also fit under its definition of Dangerous Waste.  Learn more about how to identify and designate Dangerous Waste on Ecology’s website.

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Media Contact:

Larry Altose, Ecology media relations, 425-649-7009, larry.altose@ecy.wa.gov
Dave Misko, Ecology compliance supervisor, 425-649-7014
Barbara Smith, Burlington Environmental spokesperson, 206-605-3392

More information:

Hazardous Waste Facilities: (www.ecy.wa.gov/programs/hwtr/hwfacilities/index.html)
Dec. 19, 2012 news release: Kent dangerous waste facility fined $282,000 (www.ecy.wa.gov/news/2012/406.html)
Ecology’s social media (www.ecy.wa.gov/about/newmedia.html)

BOSTON – VHS Acquisition Subsidiary Number 7, Inc., the parent corporation that operates St. Vincent Hospital in Worcester has been assessed a $2,860 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for violating Hazardous Waste Management and Air Pollution Control requirements.  (Link to the news release on the MADEP website).

Release Date: 08/27/2013

Contact Information: Dawn Harris Young, (404) 562-8421 (Direct), (404) 562-8400 (Main), harris-young.dawn@epa.gov

ATLANTA – Family Dollar, Inc., headquartered in Matthews, NC, has paid a $602,438 civil penalty to the United States to resolve alleged violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for misbranded pesticides.

The penalty stems from the sale or distribution of two misbranded or mislabeled antimicrobial bleach products on numerous occasions. The labels for the bleach products were not identical to the EPA approved label. Labels must be identical to the EPA approved label and may not have any additions or omit any label language as required by FIFRA. 

Misbranded pesticides can pose serious risks to human health and the environment. Without proper labeling or safety instructions on packaging, users can unintentionally misapply pesticides and may not have adequate information to address needs for first aid in the event of emergency.

As a result of EPA’s enforcement action, Family Dollar, Inc., alerted its suppliers about the labeling issues and took steps to bring these products into compliance with FIFRA.

Unmentioned in this news release is whether or not the misbranded pesticides were subject to a recall.  If they were, Family Dollar would have to face the additional burden of disposing of the recalled pesticides as a hazardous waste under the regulations of the Resource Conservation & Recovery Act (RCRA); enforced by USEPA and authorized states.  However, if certain conditions are met – read:  What is a Universal Waste Pesticide? – the recalled pesticides may be managed as a universal waste per 40 CFR 273 and therefore not subject to the much heavier regulatory burden of the hazardous waste regulations.  Contact me with any questions you may have about universal waste, used oil, or hazardous waste.

Contact Information: Ben Washburn, 913-551-7364, washburn.ben@epa.gov

(Lenexa, Kan., Aug. 19, 2013) – An Illinois pesticide manufacturer and a Nebraska company that sold some of its fly control products have agreed to pay civil penalties totaling $84,387 to EPA to settle allegations related to their roles in the distribution or sale of misbranded pesticides.

In separate administrative settlement agreements filed by EPA Region 7 in Lenexa, Kan.:

• Wellmark International, Inc., of Schaumburg, Ill., has agreed to pay a $44,704 civil penalty to resolve 19 violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) related to the Nebraska company’s distribution of its RF2025 Tub and RF2002 Block products from 2009 to 2011.

• Vitalix, Inc., of Alliance, Neb., has agreed to pay a $39,683 civil penalty to resolve 19 violations of FIFRA related to its sales of the RF2025 Tub misbranded as #5 Altosid IGR Fly Tub, and of the RF2002 Block product misbranded as Mineralix Fly Tub with Altosid IGR#11.

EPA alleged that the two fly control products were either misbranded with labels that did not include required cautionary language, or were distributed in conjunction with claims that differed from the pesticide registration information filed with EPA.

Under FIFRA, distributors of pesticides must ensure that the information on their products’ labels contains the same required cautionary information as found on the labels filed with EPA by the pesticides’ registrants, and that those pesticides are not distributed with claims that differ from the registration information filed with EPA.

Under federal regulations, a pesticide’s supplemental distributor – in this case, Vitalix – and its registrant – in this case, Wellmark International – are both responsible for ensuring that the distributor’s product is in compliance with FIFRA and the terms of the product’s registration.

Through their respective settlements with EPA, Wellmark International and Vitalix have certified that they are now in compliance with FIFRA and its regulations.

The news release doesn’t indicate if a recall of the mis-labeled pesticides was required by FIFRA.  If it was, and if the recalled pesticides were to be disposed of, the pesticide manufacturers could take advantage of Universal Waste regulations to avoid the heavier regulatory burden under the hazardous waste regulations.  Read here about Universal Waste Pesticides.

News Release
U.S. Environmental Protection Agency
New England Regional Office
August 23, 2013

Contact: David Deegan, (617) 918-1017

(Boston, Mass. – August 23, 2013) – A commercial waste handler in Rhode Island has agreed to pay a fine of $58,278 and to spend $252,152 to clean hazardous chemicals out of approximately 60 schools in Rhode Island and Massachusetts in order to settle EPA claims that the company violated state and federal hazardous waste laws at a facility in Providence, R.I.

Northland Environmental and its owner, PSC Environmental Services, will remove chemicals from 60 high schools and middle schools within a 50-mile radius of their Providence facility at 275 Allens Ave. where the violations occurred. The companies have agreed to pack up and properly dispose of both hazardous and non-hazardous wastes stored at the schools; to do hazardous waste training for science and art teachers; and to purchase safety equipment such as storage cabinets for flammable chemicals, eye washes and deluge showers for classrooms where hazardous chemicals are used. This project will be done over 18 months during times when the schools are closed.

EPA alleged that Northland/PSC Environmental Services violated the federal Resource Conservation and Recovery Act (RCRA) and state hazardous waste laws by failing to properly identify certain hazardous wastes and failing to properly maintain hazardous waste tanks and containers. These alleged violations could have resulted in the release of hazardous wastes to the environment. The company also stored incompatible hazardous wastes next to one another, creating a potential for fire or explosions. The company quickly came into compliance after the violations were identified.

“All facilities that generate or manage hazardous wastes have an obligation to make sure they carefully adhere to the environmental requirements that result in safer, cleaner communities,” said Curt Spalding, regional administrator of EPA’s New England office. “This case will have a positive outcome, since the projects under this settlement will help provide safer classrooms at many schools in Rhode Island and Massachusetts.”

The school clean outs will involve removing outdated and unwanted chemicals from schools at no cost to the participating schools. Chemical management is often a low priority for schools and it is not uncommon for school science departments to have outdated and unneeded stock chemicals present.

“I want to thank the EPA and the Cranston School Department for working cooperatively to provide a safe environment for our students,” said City of Cranston Mayor Allan Fung.

“We are pleased to see funds from EPA actions like this reinvested in making Rhode Island a cleaner and safer place,” said Terrence Gray, P.E., Associate Director for Air, Waste and Compliance at the RI Department of Environmental Management.  “For many years, DEM has directly supported school districts across Rhode Island by removing old and unnecessary chemicals, but that effort has always been limited by the resources we have available. This recent investment extends this important initiative so that more of these dangerous materials can be taken out of our schools, providing a much safer environment for students and educators.”

“The science classroom environment is of the utmost importance as we work to support teaching and learning for students and teachers. Safety is our first concern so we were delighted to have a partnership with the EPA Integrated Chemical Management Program (ICM) who worked with our science teachers to inventory, organize chemicals, with regards to safety and to the benefit of classroom use. Working with this program provided our teachers with invaluable insights with regards to managing chemical supplies. The ultimate goal is to maximize safety and learning of science inquiry in Cranston Public Schools,” said Dr. Judith Lundsten, Superintendant Cranston Public Schools.

Rhode Island schools within a 50-mile radius of the Northland facility were sent emails letting them know of this opportunity to have toxic, hazardous, or chemicals prohibited by the state removed by participating in this project. Schools that were interested provided a list of the chemicals that need to be removed. Cranston, R.I. is using the opportunity to provide both East and West High School with chemical cleanouts before school starts on Aug. 27.

In addition to paying the fine and completing the environmental project, Northland/PSC has agreed to make sure the Providence facility remains in compliance with federal and state hazardous waste management regulations.

Northland/PSC’s Providence facility accepts and handles a broad spectrum of wastes including acids, alkalis, flammable wastes, water reactive wastes, cyanides, sulfides, oxidizers, toxic wastes, oily wastes, photochemical wastes and laboratory packs. Hazardous and non-hazardous wastes are received, stored and or consolidated and then shipped off site for treatment or disposal.

More information on hazardous waste management: http://www.epa.gov/region1/enforcement/waste/index.html

Once again, simple mistakes made early: failure to complete a hazardous waste determination; lead to more substantial violations of the RCRA regulations.  It is also important to note that one remedy required by the violation is to properly train personnel who generate, handle, treat, or dispose of hazardous waste or may respond to a hazardous waste emergency.  RCRA Hazardous Waste Personnel Training – required by 40 CFR 265.16 – is what I do.  Contact me to discuss your RCRA training needs.

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Attachment: List of Schools provided with hazardous waste cleanup under this settlement:

RHODE ISLAND 

Barrington High School Barrington
Mt. Hope High School Bristol
Our Lady of Mount Carmel Bristol
Central Falls Senior High School Central Falls
Cranston High School East Cranston
Cranston High School West Cranston
New England Laborers’/Cranston Public Schools Construction Career Academy Cranston
Joseph McCourt Middle School Cumberland
East Providence High School East Providence
Burrillville High School Harrisville
Burrillville Middle School Harrisville
Johnston Senior High School Johnston
Lincoln Senior High School Lincoln
William M. Davies, Jr Career and Technical High School Lincoln
Rogers High School Newport
North Providence High School North Providence
Ponaganset High School North Scituate
North Smithfield High School North Smithfield
Blackstone Academy Charter School Pawtucket
William E. Tolman Senior High School Pawtucket
Portsmouth High School Portsmouth
DelSesto Middle School Providence
Mount Pleasant High School Providence
School One Providence
Smithfield High School Smithfield
Tiverton High School Tiverton
Curtis Corner Middle School Wakefield
Toll Gate High School Warwick
Pilgrim High School Warwick
Warwick Veterans Memorial HS Warwick
Chariho Regional High School Wood River Junction
Exeter-West Greenwich Regional High School West Greenwich
Westerly High School Westerly

MASSACHUSETTS 

Braintree High School Braintree
Brockton High School Brockton
B.M.C. Durfee High School Fall River
Malden High School Malden
Medford High School Medford
Middleborough High School Middleborough
Plymouth North High School Plymouth
Plymouth South High School Plymouth
North Quincy High School Quincy
Quincy High School Quincy
Randolph High School Randolph
Revere High School Revere
Saugus High School Saugus
Walpole High School Walpole
Waltham High School Waltham
Worcester Public Schools
– Burncoat Middle School  Worcester
– Forest Grove Middle School  Worcester
– Dr. Arthur F. Sullivan Middle School Worcester
– Worcester East Middle School Worcester
– Burncoat High School Worcester
– Claremont Academy Worcester
– Doherty Memorial High School Worcester
– North High School Worcester
– South High Community School Worcester
– University Park Campus School Worcester
– Worcester Technical High School Worcester

The Biennial Report is a requirement of the USEPA at 40 CFR 262.41 for certain hazardous waste generators and RCRA-permitted Treatment, Storage, and Disposal Facilities (TSDFs) that engage in regulated activity in the reporting year.  It is required to be submitted by March 1st of every even-numbered year for the previous reporting year.  Therefore, the report due March 1st, 2014 must report regulated activity that took place in calendar year 2013.  Facilities required by USEPA regulations to submit the Biennial Report are:

• Large Quantity Generators of hazardous waste that either ship waste off-site (within the U.S. only) for treatment, storage, or disposal or manage the waste on-site.  Only hazardous waste generated in the reporting year is reported.  Hazardous waste generated in a non-reporting year (for example:  2012) but shipped off-site for treatment, storage, or disposal in the reporting year (2013) is not subject to reporting.
• TSDFs subject to a RCRA operating permit that received hazardous waste from within the U.S. for on-site treatment, storage or disposal.  To be subject to reporting by March 1st, 2014, the hazardous waste must be received at the TSDF in 2013.

Facilities not required to submit the Biennial Report are:

• Small Quantity Generators of hazardous waste per §262.44.
• Conditionally Exempt Small Quantity Generators of hazardous waste per §261.5(b).
• An LQG that exported all of its hazardous waste outside the U.S. for treatment, storage, or disposal.  Facilities that export hazardous waste directly to a foreign country must file a separate Annual Report per §262.56.

If applicable, the Biennial Report must be completed using EPA Form 8700-13A and submitted to the USEPA regional office or the state environmental agency.  At a minimum, the Biennial Report must include:

• The EPA identification number, name, and address of the generator;
• The calendar year covered by the report;
• The EPA identification number, name, and address for each off-site treatment, storage, or disposal facility in the United States to which waste was shipped during the year;
• The name and EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage or disposal facility within the United States;
• A description, EPA hazardous waste number (from 40 CFR part 261, subpart C or D), DOT hazard class, and quantity of each hazardous waste shipped off-site for shipments to a treatment, storage or disposal facility within the United States. This information must be listed by EPA identification number of each such off-site facility to which waste was shipped.
• A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.
• A description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984.
• The certification signed by the generator or authorized representative.  An “authorized representative” is a person responsible for the overall operation of the site (i.e., plant manager or superintendent, or a person of equal responsibility).

If you wish to get a jump on the March 1, 2014 due date for the 2013 report, you may wish to view this:  2013 Hazardous Waste Report Instructions and Form EPA Form 8700-13 A/B

Complicating matters is the fact that many states with authorized hazardous waste programs have imposed reporting requirements for the Biennial Report above and beyond those of the USEPA.  Refer to this contacts list:  http://www.epa.gov/epawaste/inforesources/data/form8700/contact.pdf to determine your state-specific reporting requirements.

Recordkeeping:

Pursuant to §262.40(b) A generator must keep a copy of each Biennial Report for a period of at least three years from the due date of the report.  The regulations do not specify that a copy of the Biennial Report must be maintained at the generator’s site.  Therefore, it would be acceptable for a copy to be maintained off-site (e.g. at a corporate or regional headquarters) as long as the generator is able to provide an inspector with reasonable access to the records.

If you are required to submit the Biennial Report, then you are also likely to be subject to the USEPA regulations at 40 CFR 265.16 that require annual training of all facility personnel who work with hazardous waste or may respond to a hazardous waste emergency.  Contact me to discuss the regulations and your training requirements.

The regulations of 40 CFR 265.17, like all of those in Part 265, apply primarily to hazardous waste treatment, storage, and disposal facilities (TSDFs).  However, there are several places in the hazardous waste regulations (USEPA & authorized states) where the regulations of Part 265 are applicable to both Large Quantity Generators and Small Quantity Generators of hazardous waste, LQGs & SQGs, respectively.  Examples of this include, but are not limited to:

• The reference to 40 CFR 265, Subpart I from §262.34(a)(1)(i) applicable to LQGs.
  
• The reference to 40 CFR 265, Subpart C from §262.34(a)(4) applicable to LQGs.
• The reference to 40 CFR 265, Subpart I from §262.34(d)(2) applicable to SQGs.

In this case, compliance with §265.17 is required for an SQG who accumulates hazardous waste in tanks.  An understanding of the requirements of this section will therefore be helpful to all generators of hazardous waste. (more…)

News Release: Public Information and Availability Session
08/06/2013

What:

The U.S. Environmental Protection Agency (EPA) will present information and take questions from the community on the proposed remedy for the World Resources Company (WRC) facility, located at 170 Walnut Lane, Pottsville, Pa. 17901. The facility has conducted an investigation and sampling at the site in accordance with the requirements of the federal Resource Conservation and Recovery Act (RCRA) Corrective Action Program. Corrective Action is an EPA program designed to guide the investigation, and any cleanup of contaminated hazardous waste.

When:

August 12, 2013 at 7:00 p.m.

Where:

Norwegian Township Building, 506 Maple Avenue, Mar Lin, Pa. 17951-0251

Background:

WRC recycles metal bearing sludges that are generated primarily by metal finishing and electroplating industries. Some of these sludges are considered hazardous waste under EPA and Pennsylvania Law. Phase I and Phase II Environmental Site Assessments were conducted at the facility. Five monitoring wells were installed for soil and groundwater. Soil samples were collected. Environmental sampling showed no contaminants above either EPA or PADEP residential standards. WRC continues to do groundwater and soil monitoring approximately twice a year, and has since 1990. No known releases have occurred at the facility resulting in investigation or remedial actions.

Proposed Remedy:

EPA will propose this week that there are no known environmental issues at the property that have not been addressed. EPA’s investigation has found that there is no contamination at the site. The proposed Final Decision is for “no further action” and will be documented in a Statement of Basis and subject to public review and comment.

Public Comment:

Persons wishing to comment on the proposed remedy may do so by submitting their comments to EPA betweenAugust 14 and September 27, 2013. All comments must be submitted in writing via mail, fax, or email to EPA Project Manager Catheryn Blankenbiller, at U.S. EPA Region 3, 1650 Arch Street, Mailcode 3LC30, Philadelphia, Pa. 19103 (Email: blankenbiller.catheryn@epa.gov; Fax: 215-814-3113.  All comments will be considered in making a final decision.

Contact: Donna Heron at 215-814-2665 / heron.donna@epa.gov

It is interesting to note that this situation is being handled by both the State of Pennsylvania DEP and the USEPA under the authority of the Corrective Action program of the Resource Conservation and Recovery Act (RCRA) and not Superfund.  This is because the site is still active.  If it were an abandoned site or one where ownership could not be determined, then the determination of contamination and potential clean-up would be undertaken with the authority of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, aka:  Superfund) and not RCRA.

Please don’t hesitate to contact me if you have questions about the regulations of the Resource Conservation and Recovery Act (RCRA) for the USEPA or your State.

Hosted by Ohio EPA’s Office of Compliance Assistance and Pollution Prevention (OCAPP). This free 1-hour webinar will discuss the basics of how to determine if a waste meets the definition of hazardous waste, how to properly characterize those wastes, and how to count them in determining your company’s generator status.  Examples of common hazardous wastes, excluded wastes, universal wastes, and waste evaluation methods and tips will be explained.  The practical impacts of proper waste characterization, accounting, and waste reduction practices will also be discussed. Presenter:  Dan Sowry, OCAPP, Environmental Specialist, Central District Office, Columbus, OH.

Webinar seats are limited, click here to register.

After this free webinar on September 25th, come to my full day training seminar in Columbus, OH on September 26th.  There is a fee, but in 8 hours you’ll learn more about the hazardous waste determination, how to manage hazardous waste and how to transport hazardous materials.

Summer is moving fast and the Michigan Pharmacists Association (MPA) annual medication collection at the Capitol is upon us again. Clean out your medicine cabinet and bring your unused,
unwanted, or expired household medications to the south Capitol lawn for safe disposal on Tuesday, September 10th from 10 a.m. to 1 p.m. If you are short of time, utilize the drop off tent on the east Capitol lawn at the intersection of Capitol Avenue and Michigan Avenue.

Items accepted include: controlled substances, narcotics, over-the counter medications, prescription medications, eye drops, inhalers, insulin, medicated ointments/lotions, medication samples, including pet medications, and vitamins/supplements from your home.

Items not accepted include: waste medications from businesses, medical waste (infectious sharps, needles, and syringes), or medications that are a hazardous waste or a hazardous drug (chemotherapy medications).

To hear more about the joint efforts to ensure safe drug disposal, preserve our drinking water, and prevent drug abuse, join us for the press conference at 11 a.m. on September 10th. To locate other medication collection locations, please see the Remedy for Residential Drug Disposal Brochure. For more information on this event, please contact the DEQ’s Environmental Assistance Center at 800-662-9278 or deq-assist@michigan.gov.

Fortunately for businesses that are not able to take advantage of this program, pharmaceuticals are a Universal Waste in Michigan.  Under the regulations of the Resource Conservation and Recovery Act (RCRA), Universal Wastes may be managed at a lower level of regulatory responsibility.  View this short presentation in order to learn more about the management of Universal Waste in Michigan.