State RCRA Regulations

Weekly Inspections of Hazardous Waste Containers in Alabama

In an earlier article I explained the requirements of the USEPA for Large and Small Quantity Generators of hazardous waste to conduct weekly inspections of hazardous waste containers.  Briefly, the USEPA, along with most states with authorized hazardous waste programs, requires an LQG or SQG to conduct inspections of areas where hazardous waste containers are stored, “At least weekly…”  Trouble is, “weekly” is not defined by USEPA or the regulations of most states (Alabama being one of the exceptions), leaving it up to the enforcing agency to interpret.  Most, in my experience, interpret “weekly” as every seven days, meaning inspections should not be completed more than seven days apart.  Alabama, however, takes a different approach. (more…)

Kent Dangerous Waste Facility Fined $180,000

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)

HOUSEHOLD MEDICATION DISPOSAL EVENT AT THE STATE CAPITOL – TUESDAY, SEPTEMBER 10, 2013

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.

Handling Solvent-Laden Cleaning Towels, Wipes & Rags in Wisconsin

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…)

The Michigan Environmental Audit Privilege & Immunity Law

If you have doubts about your compliance with environmental regulations (Federal or State) then you may live in fear of an inspection by an inspector of those agencies.  In Michigan, however, a business has the option to take part in a voluntary program administered by the Michigan Department of Environmental Quality Office of Environmental Assistance.  Its purpose is to encourage  Michigan businesses and public entities to self-initiate and conduct audits of their compliance with state environmental laws.  Its name:  Michigan’s Environmental Audit Privilege & Immunity Law (Part 148, PA 451 of 1994). (more…)

Paint and Paint Related Waste (PPRW) as a Universal Waste in Texas

Paint and Paint Related Waste (PPRW) as a Universal Waste in Texas

The Universal Waste regulations of the USEPA (40 CFR 273) identify the following as potential hazardous wastes that may be managed as a Universal Waste:

As authorized under Subchapter G of Part 273, the Texas Commission on Environmental Quality (TCEQ) has successfully petitioned the USEPA to add the category of Paint and Paint-Related Waste (PPRW) to the four Federal Universal Waste already recognized in Texas.  The regulations explaining TCEQ’s Universal Waste Rule may be found at 30 TAC 335.261 & 335.262. (more…)

The Identification and Management of Universal Waste in Iowa and Illinois

Potentially Infectious Medical Waste in Illinois

As a result of a national scare from needles and other medical waste washing up on eastern shores in the late 1980’s the USEPA passed the Medical Waste Tracking Act of 1988, which was only effective in a limited number of eastern states and expired June 21, 1991.  In the absence of specific Federal regulations to manage medical waste, states moved forward with their own regulations; thus Illinois passed regulations to manage what it identified as Potentially Infectious Medical Waste in 1993. (more…)

The Identification and Management of Universal Waste in Michigan

The Lethality Characteristic for Hazardous Waste in Minnesota

The USEPA identifies two broad categories of hazardous waste, which in turn are each further divided into four sub-categories:

1.  Listed hazardous waste (40 CFR 261, Subpart D).

  • Non-specific sources (F-codes).
  • Specific sources (K-codes).
  • Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof (P-codes & U-codes).

2.  Characteristic hazardous waste (40 CFR 261, Subpart C).

  • Ignitability (D001).
  • Corrosivity (D002).
  • Reactivity (D003).
  • Toxicity (D004 – D043).

For the Federal regulations of the USEPA and those of most states with an authorized hazardous waste program, those identified above are the only hazardous waste subject to “cradle to grave” regulation under Subtitle C of RCRA.  Some states, however, have exercised their authority to create their own state-specific hazardous waste; an example of this is Minnesota which created two additional characteristic hazardous wastes in addition to the four Federal characteristic hazardous wastes it also recognizes:

  • Oxidizer (D001)
  • Lethality (MN01)

This article will summarize the Minnesota-specific hazardous waste characteristic for Lethality.  Readers requiring more information than provided in this article should refer to a guidance document provided by the Minnesota Pollution Control Agency (MPCA):  The Lethality Characteristic – A Minnesota-specific hazardous waste characteristic. (more…)