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.

June 27 through July 31, 2013

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

Safety Advisory Guidance: Heating Rail Tank Cars To Prepare Hazardous Material for Unloading or Transloading

Pages 41853 – 41856 [FR DOC # 2013-16672]       PDF | Text | More

Specifications for Packagings

Pages 44894 – 44894 [FR DOC # 2013-18012]     PDF | Text | More

Hazardous Materials: Approval and Communication Requirements for the Safe Transportation of Air Bag Inflators, Air Bag Modules, and Seat-Belt Pretensioners (RRR)

Pages 45880 – 45893 [FR DOC # 2013-18263]     PDF | Text | More

Proposed Rules:

None

Notices:

Hazardous Materials: Revision to Fireworks Regulations (RRR)

Pages 42457 – 42478 [FR DOC # 2013-16986]     PDF | Text | More

Safety Advisory: Unauthorized Filling of Compressed Gas Cylinders

Pages 42817 – 42818 [FR DOC # 2013-17121]     PDF | Text | More

SafetyAlert: Safety Alert: Risks Associated With Liquid Petroleum (LP) Gas Odor Fade

Pages 42818 – 42819 [FR DOC # 2013-17120]     PDF | Text | More

Paperless Hazard Communications Pilot Program

Pages 43263 – 43268 [FR DOC # 2013-17363]     PDF | Text | More

Special Permit Applications

Pages 43268 – 43270 [FR DOC # 2013-17278]     PDF | Text | More

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

Pages 43270 – 43270 [FR DOC # 2013-17280]     PDF | Text | More

List of Applications Delayed

Pages 43270 – 43271 [FR DOC # 2013-17277]     PDF | Text | More

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

Pages 43271 – 43272 [FR DOC # 2013-17279]     PDF | Text | More

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

State of Kansas; Authorization of State Hazardous Waste Management Program

Pages 43810 – 43817 [FR DOC # 2013-17566]     PDF | Text | More

Conditional Exclusions From Solid Waste and Hazardous Waste for Solvent-Contaminated Wipes

Pages 46447 – 46485 [FR DOC # 2013-18285]     PDF | Text | More

Proposed Rules:

State of Kansas; Authorization of State Hazardous Waste Management Program

Pages 43842 – 43843 [FR DOC # 2013-17038]     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.

USEPA’s Final Rule for its new solvent-contaminated wipe conditional exclusion was published in the  July 31, 2013 Federal Register and will go into effect six months from that date:  January 31, 2014 (read about the USEPA Conditional Exclusion for Solvent-Contaminated Wipes).  However, the new regulation will only be effective in states that lack an authorized hazardous waste program (Alaska, Iowa, Puerto Rico, and Indian Country).  It will not be effective in Wisconsin, which has an authorized hazardous waste program, until the WDNR is able to draft its own regulations.  Those regulations will be applicable only within Wisconsin, and may be more stringent than the USEPA’s but cannot be less so.  In the meantime, the regulated community in Wisconsin looking to learn how to manage its solvent-contaminated wipes should refer to WDNR policy on the subject found in this WDNR guidance document:  Handling Solvent-Laden Cleaning Towels, Wipes and Rags, Publication WA 1207, Rev. 2007 and summarized in this article. (more…)

DENVER – Executive Recycling, Inc. (a corporation) and Brandon Richter, age 38, of Highlands Ranch, Colorado, the owner and chief executive officer of Executive Recycling, were sentenced today by U.S. District Court Judge William J. Martinez for their roles in a fraudulent scheme related to the disposal and exportation of electronic waste to foreign countries, announced United States Attorney John Walsh, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Kumar Kibble and EPA Criminal Investigation Division Special Agent in Charge Jeffrey Martinez.  Executive Recycling, the corporation, was sentenced to pay a $4,500,000 fine and serve 3 years on probation.  Richter was ordered to serve 30 months in federal prison, followed by 3 years on supervised release.  Judge Martinez also ordered Richter to pay a $7,500 fine and $70,144 in restitution joint and several with the victims of the crime.  Richter was ordered to report to a Bureau of Prisons facility within 15 days of designation.  Judge Martinez also ordered $142,241.10 in asset forfeiture.

The defendants were convicted in December 2012 of multiple counts of mail and wire fraud and environmental crimes related to the illegal disposal of electronic waste, smuggling, and obstruction of justice, following an 11-day trial.

Last week former vice president of operations, Tor Olson, age 38, of Parker, Colorado, was sentenced to serve 14 months in prison, pay a $5,000 fine, and pay over $15,000 in restitution.  Olson remains free on bond pending appeal.

Executive Recycling, Inc., as a corporation, Brandon Richter and Tor Olson were indicted by a federal grand jury in Denver on September 15, 2011. The jury trial before Judge Martinez began on December 3, 2012. The jury reached their verdict on December 21, 2012.  Olson was sentenced on July 17, 2013.

According to the indictment, as well as the facts presented at trial, Executive Recycling was an electronic waste recycling business located in Englewood, Colorado with affiliated locations in Utah and Nebraska. The company collected electronic waste from private households, businesses, and government entities. Executive Recycling was registered with the Colorado Department of Public Health and Environment as a “Large Quantity Handler of Universal Waste.” Richter, as owner and CEO, was responsible for supervising all aspects of the company. Olson, the vice president of operations, was responsible for running day-to-day operations.

A significant portion of electronic waste collected by the defendants were Cathode Ray Tubes (CRTs). CRTs are the glass video display component of an electronic device, usually a computer or television monitor, and are known to contain lead. The defendants engaged in the practice of exporting electronic waste, including CRTs, from the United States to foreign countries, including the People’s Republic of China. The defendants regularly negotiated the sale of electronic waste to brokers who represented foreign buyers or who sold the electronic waste overseas. The foreign buyers often paid the defendants directly. To transport the electronic waste, the defendants used shipping cargo containers which were loaded at the company’s facility. The containers were then transported by rail to domestic ports for export overseas.

Executive Recycling appeared as the exporter of record in over 300 exports from the United States between 2005 and 2008. Approximately 160 of these exported cargo containers contained a total of more than 100,000 CRTs.

Between February 2005 and continuing through January 2009, the defendants knowingly devised and intended to devise a scheme to defraud various business and government entities who wanted to dispose of their electronic waste, and to obtain these business and government entities’ money by means of materially false and fraudulent pretenses. The defendants represented themselves on a website to have “extensive knowledge of current EPA requirements.” The defendants falsely advertised to customers that they would dispose of electronic waste in compliance with all local, state and federal laws and regulations. It was part of the scheme that the defendants falsely represented that they would dispose of all electronic waste, whether hazardous or not, in an environmentally friendly manner. Specifically, the defendants falsely represented that the defendant company recycled electronic waste “properly, right here in the U.S.” They also stated that they would not send the electronic waste overseas.

The defendants’ misrepresentation induced customers to enter into contracts or agreements with the defendants for electronic waste disposal. Each victim paid the defendants to recycle their electronic waste in accordance with the representations made by the defendants. Contrary to their representations, the defendants sold the electronic waste they received from customers to brokers for export overseas to the People’s Republic of China and other countries.

“The defendants in this case not only caused actual harm to the environment by shipping electronic waste overseas for dumping, they defrauded their customers by falsely claiming to be disposing of that waste in an environmentally safe way,” said U.S. Attorney John Walsh.  “As cases like this one show, federal investigators and the U.S. Attorney’s Office can and will reach beyond our country’s borders to investigate crime and prosecute wrongdoers.”

“This prison sentence and fine awarded to this CEO demonstrate that there are no shortcuts to following U.S. export laws,” said Kumar Kibble, special agent in charge of HSI Denver.  “This CEO also intentionally deceived the public for years by falsely advertising an environmentally friendly recycling business plan within the United States.  Instead, he regularly exported tons of obsolete and discarded electronic equipment containing toxic materials to third-world countries, and took actions to illegally hide these practices from government officials.”

“The defendants claimed to safely recycle e-waste in the U.S., but regularly exported obsolete and discarded electronic equipment with toxic materials to third-world countries,” said Jeff Martinez, Special Agent in Charge of EPA’s criminal enforcement office in Colorado.  “Pollution and greed respect no boundaries and EPA is committed to combating the illegal traffic of e-waste, which poses particularly significant environmental health risks in developing countries.”

This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Environmental Protection Agency Criminal Investigation Division and the Colorado Attorney General’s Office, Special Prosecutions Unit.

The defendants were prosecuted by Assistant U.S. Attorneys Suneeta Hazra and Valeria Spencer and Special Assistant U.S. Attorney Lillian Alves.

Use caution when selecting a company to handle your universal waste, hazardous waste, or used oil.  Their crimes could lead to your headaches.

In a press release dated July 23, 2013 the USEPA announced a modification of the RCRA regulations to conditionally exclude solvent-contaminated wipes from certain hazardous waste requirements.  This long-awaited final rule makes the following changes to the USEPA’s hazardous waste regulations:

• 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

The effective date for this regulation – ie. the date it becomes an enforceable USEPA regulation – is set as six (6) months from the date of its publication in the Federal Register.  It was published in the FR today (July 31, 2013) making it effective on January 31, 2014.

The exclusion is expected to be used by and be a significant cost-savings for thousands of US businesses.  To ensure you are one of them, carefully review the regulatory requirements and modify your operations accordingly. (more…)

The regulations of the the Resource Conservation and Recovery Act (RCRA) apply generally to any hazardous waste generated, transported, treated, stored, or disposed of within the US.  But what of a hazardous waste generated in waters off the coast of the US, perhaps on a vessel or an oil platform or rig?  The purpose of this article is to explain the applicability of the hazardous waste regulations of the USEPA and the HazMat Transportation regulations of the USDOT/PHMSA to the generation and transportation of hazardous waste within and without US territorial waters. (more…)

The RCRA regulations @ 40 CFR 265, Subpart C – Preparedness and Prevention apply to both Large Quantity Generators and Small Quantity Generators of hazardous waste [via §262.34(a)(4) & §262.34(d)(4), respectively].  A close review of the entire Subpart reveals little in the way of a requirement for documentation or recordkeeping.  The one place where a document is mentioned, “…the operating record…” is in §265.37(b), more on that later.  You may, however, wish to create documents and keep records of certain activities required by the Subpart in order to demonstrate compliance with the regulations and to fulfill the wishes of the USEPA.  This will include Testing and Maintenance of Equipment (§265.33) and Arrangements With Local Authorities (§265.37). (more…)

This is big news!  The regulated industry has been waiting for this Final Rule for some time.  This will affect the Federal RCRA regulations that most states with authorized hazardous waste programs “adopt by reference” into their state regulations.  Prior to this Final Rule most states already had some form of this exclusion, but it was not codified in the regulations.  Below is the news release from the USEPA, I’ll write an article on this soon providing a summary and what you need to know.

Common-sense exclusion will save industry up to $27.8 million per year

Release Date: 07/23/2013
Contact Information: Enesta Jones, jones.enesta@epa.gov, 202-564-7873, 202-564-4355

WASHINGTON – Today the U.S. Environmental Protection Agency (EPA) modified the hazardous waste management regulations under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude solvent-contaminated wipes from hazardous waste regulations provided that businesses clean or dispose of them properly. The rule is based on EPA’s final risk analysis, which was peer reviewed in 2008 and published for public comment in 2009, that concluded wipes contaminated with certain hazardous solvents do not pose significant risk to human health and the environment when managed properly. EPA estimates that the final rule will result in a net savings of between $21.7 million and $27.8 million per year.

Wipes are used in conjunction with solvents for cleaning and other purposes by tens of thousands of facilities in numerous industrial sectors, such as printers, automobile repair shops and manufacturers of automobiles, electronics, furniture and chemicals.

“Today’s rule uses the latest science to provide a regulatory framework for managing solvent-contaminated wipes that is appropriate to the level of risk posed by these materials,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “I’ve heard directly from stakeholders about the benefits of this rule and the need to finalize it. The rule reduces costs for thousands of businesses, many of which are small businesses, while maintaining protection of human health and the environment.”

Today’s final rule excludes wipes that are contaminated with solvents listed as hazardous wastes under RCRA that are cleaned or disposed of properly. To be excluded, solvent-contaminated wipes must be managed in closed, labeled containers and cannot contain free liquids when sent for cleaning or disposal. Additionally, facilities that generate solvent-contaminated wipes must comply with certain recordkeeping requirements and may not accumulate wipes for longer than 180 days.

EPA estimates that the final rule will result in a net savings of $18 million per year in avoided regulatory costs and between $3.7 million and $9.9 million per year in other expected benefits, including pollution prevention, waste minimization and fire prevention benefits.

Today’s rule is consistent with President Obama’s Executive Order 13563, Improving Regulation and Regulatory Review, which charges federal agencies to monitor regulatory effectiveness and to help make agency regulatory programs more effective or less burdensome in achieving the regulatory objectives.

EPA first proposed modified regulations for solvent-contaminated wipes on November 20, 2003, and published a revised risk assessment for public comment on October 27, 2009. The docket for this rulemaking is EPA-HQ-RCRA-2003-0004 and can be accessed at http://www.regulations.gov once the final rule is published.

More information about this rulemaking:http://www.epa.gov/epawaste/hazard/wastetypes/wasteid/solvents/wipes.htm

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In the previous article of this series I described the requirements of 40 CFR 265.35 – Required aisle space.  That section of Part 265 indicated what was needed to provide the necessary aisle space within a facility.  Though §265.36 exists, it is reserved, so there are no regulations to review currently.

The purpose of this article: identify and explain the requirements of 40 CFR 265.37 – Arrangements with local authorities for generators of hazardous waste under the emergency preparedness and prevention regulations of 40 CFR 265, subpart C.  This article is the seventh – and last – in a series that looked closely at each section of 40 CFR 265, Subpart C and explained its requirements, how they apply to generators of hazardous waste, and what is required for compliance.  Keep in mind that the regulations of your State may differ from these Federal regulations.

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…)

In most situations a hazardous waste is generated as a recognizable by-product, spent material, sludge, or residue of a manufacturing process.  Typically, the the moment a hazardous waste is generated (its point of generation) it is immediately contained in a hazardous waste management unit and becomes subject to the RCRA regulations.  However, there are times when a hazardous waste’s point of generation may be within and/or part of a manufacturing process, such as in a process tank or pipeline.  In this case, must it be managed as a hazardous waste while it remains in the process tank or pipeline? (more…)