Regulated Industry General Interest

Guidebook for Development of an Area Contingency Plan for Environmental Emergencies

The Bullet:

The US Environmental Protection Agency has created a guidebook for the creation of an Area Contingency Plan.  It is available for download as a PDF file from EPA’s Office of Emergency Management web site, or you may download the pdf of the Guidebook directly:  USEPA Area Contingency Planning Handbook, Volume 1.0

Who:

It was developed by EPA’s Area Planning Workgroup.

What:

An Area Contingency Plan is a reference document prepared for the use of all agencies engaged in responding to environmental emergencies in a defined geographic area.

Where:

With the release of this ACP the EPA hopes to assist local and regional emergency planners to work within a standardized national format for area contingency planning.

When:

Created during 2011 & 2012.  Released March of 2013.

Why:

Though primarily intended for use by EPA emergency response program personnel, the open publication of this ACP can serve other purposes, including:

  • To inform other agencies of EPA’s planning process.
  • To maintain a national consistency in the basic content of the ACP.
How:

This Handbook is a guide and reference for the development of Area Contingency Plans (ACPs) for environmental emergencies.

Conclusion:

A document such as this can be very helpful to someone who is responsible for emergency response planning over a regional, or even a local area, “Throughout this Handbook, the terms ‘Area Contingency Plan’ and ‘ACP’ also encompass the processes for developing and managing Sub-Area Plans and Geographic Response Plans, which have scopes more limited than the ACP itself.”

The stakeholders in an ACP will certainly include generators of hazardous waste and transporters of hazardous materials.  Contact me with questions about the training required for hazardous waste generators and HazMat Employers.

USEPAs WaterSense H2Otel Challenge – Has Your Hotel Taken the Challenge?

USEPA Challenge to reduce water consumption at hotels

Does your hotel display this symbol?

Many hotels that I have stayed at – and I’ve stayed a lot – promote their efforts to be “Green”. Usually this takes the form of encouraging guests to reuse towels and bedding to reduce wash water consumption. Something hotel guests may begin to see in 2014 is a reference to the hotel’s acceptance of the USEPA’s WaterSense H2Otel Challenge.

First launched February 5, 2014, the Challenge is still in the preliminary stage of trying to spread the word about, and to recruit hotels interested in the Challenge. Those hotels that take the Challenge will take a pledge to reduce their water consumption. In return they will receive access to Best Management Practices (BMPs) and other tools from the USEPA to assist in saving water at their businesses. Hotels will also be provided with tools to track their results.

A tool hotels can begin using now is WaterSense at Work: Best Management Practices for Commercial and Institutional Facilities.

Soon to be available are a series of educational webinars, go to the WaterSense website to register:

  • Take the Plunge: The WaterSense H2Otel Challenge. February 27, 2014, 2-3pm EST. To be repeated March 12, 2014, 2-3pm EST.
  • Assess, Track, Realize Paybacks. March 6, 2014, 2-3pm EST.
  • Washing 101: A Plumbing and Laundry Efficiency Primer. March 27, 2014, 2-3pm EST

More information, as it becomes available can be found here: USEPA WaterSense H2Otel Challenge.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/www.DanielsTraining.com

“So, what can I do if I’m merely the guest of a hotel?” you may ask. Well…

  • Share this article and spread the word about the Challenge.
  • Ask each hotel you stay at if they have taken the USEPA WaterSense H2Otel Challenge.
  • When you find a hotel that has taken the Challenge, be sure to share that information with me and I’ll promote their efforts here.

USEPA encourages hotels to reduce water consumptionWhether you’re at home, work, or enjoying your stay at a hotel, you can participate in efforts to reduce water consumption and protect the environment.

Hotels in Massachusetts may also be subject to that state’s landfill ban for food waste.  Read about that here:  Massachusetts Bans Food Waste From Landfill.

 

Massachusetts Bans Food Waste From Landfill

As part of its state climate action plan, which was created by the Global Warming Solutions Act, Massachusetts has announced an upcoming ban (10.1.14) on the landfill disposal within the state of food waste from certain commercial operations.

As of October 1, 2014, any commercial operation that generates one ton or more of organic material per week (≥1 ton/week) can no longer send that waste to landfill but must instead utilize one of the following alternatives:

  • Donate or re-purpose useable food.
  • Send to a biogas facility to be converted to clean energy.
  • Send to composting facility.

Commercial operations that may be subject to the ban include:

  • Supermarkets
  • Colleges and Universities.
  • Hotels
  • Convention centers
  • Hospitals
  • Nursing homes
  • Restaurants
  • Food service
  • Food processors

If your business will be affected by this ban, I recommend you take advantage of assistance offered by the Massachusetts Department of Environmental Protection (MassDEP).

  • MassDEP will conduct outreach, education, technical assistance, and infrastructure development for businesses covered by the ban, according to Kenneth Kimmell of MassDEP.
  • Technical assistance and grants of up to $1 million for the new composting and biogas facilities anticipated to emerge in the state.
  • Also, RecyclingWorks in Massachusetts is a program designed to help businesses increase their recycling efforts and to comply with the ban.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/www.DanielsTraining.com

If you find your operations subject to this ban it is likely that you are also subject to the regulations of the USDOT for the transportation of hazardous materials (you probably receive hazardous materials as product) and perhaps those of the MassDEP for generators of hazardous waste.

Not sure of your hazardous waste generator status?

Take this short survey

Please don’t hesitate to contact me with any questions you may have about the management of hazardous waste or the transportation of hazardous materials in Massachusetts.

Who are the Member Nations of the OECD?

The Organization for Economic Cooperation and Development is a forum of the governments of 34 democracies with market economies that work with each other as well as with more than 70 non-member economies to promote economic growth, prosperity, and sustainable development.  In general, economic activity between member nations including the export and import of hazardous waste for recovery is encouraged and will go more smoothly than with non-members.

For the purposes of 40 CFR 262, Subpart H, the designated OECD Member countries consist of:

  • Australia
  • Austria
  • Belgium
  • The Czech Republic
  • Denmark
  • Finland
  • France
  • Germany
  • Greece
  • Hungary
  • Iceland
  • Ireland
  • Italy
  • Japan
  • Luxembourg
  • The Netherlands
  • New Zealand
  • Norway
  • Poland
  • Portugal
  • The Republic of Korea
  • The Slovak Republic
  • Spain
  • Sweden
  • Switzerland
  • Turkey
  • The United Kingdom
  • The United States
  • Canada and Mexico are considered OECD Member countries only for the purpose of transit.

Funding Available for Training Through the Workforce Investment Act

As a training provider, I deliver information about the regulations of the PHMSA/USDOT and the USEPA to those in affected industries.  This includes anyone who generates a hazardous waste and/or transports or offers for transport a hazardous waste.  I have struggled to arrive at a fair cost for my services; one that makes me money, is competitive with my peers, and is fair to anyone needing my training.  However, someone seeking regulatory compliance training may not be able to afford my services at any price.  That’s where grant money and funding opportunities from Federal and State agencies come in.

A significant source of funding for training is available through the Workforce Investment Act (WIA).  The WIA is intended to help Americans manage their careers through information and to help U.S. companies find skilled workers.  Among many other features, the WIA provides funding to eligible persons who wish to receive training that will increase their chances of finding employment.  Eligibility is based on many factors, including the type of training, and will vary depending on the state or region administering the WIA funds; however, eligibility criteria will usually include low-income workers.

Another source of funds for a person seeking training is available through the Trade Adjustment Assistance (TAA) Program.  Eligible persons are those whose employment has been impacted when production is moved overseas; it could be a situation where the person lost their job or suffered a reduction in hours.

Both the WIA and TAA are Federal programs administered by the US Department of Labor, however, the eligibility determination and distribution of funding is performed by what are referred to by the USDOL as American Job Centers, which are located throughout the US.  Your local office may operate under a different name than American Job Center; it’s no matter as long as they are authorized to administer the WIA & TAA programs.  Your application for funds to attend training must be made through the state or local office nearest to you.  These offices can be found on US Department of Labor website:  “Map of State American Job Centers Web Sites“.  From this page you can select your state of residence, this will take you to the state administrator of the WIA & TAA programs.  At this point you will have to search the state website to determine if funds are available at the state level, or if you will have to search further to find a local office.  Funding may be available at the county level.  Whether the state or county level, you will need to contact the appropriate person to determine the eligibility requirements to receive funding.

Likely they will require some evidence of the training content and the trainers qualifications, no problem.  My resume, information about my company and training services, and a detailed course outline of all of my training services are available on my website.  If you don’t see what you require, don’t hesitate to contact me and I will strive to give you whatever is necessary.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/www.DanielsTraining.com

This training is required by both state and Federal regulations.  Failure to complete this training at the required frequency could result in fines, lost business, production interruptions, and even injuries and fatalities.  And if you’re going to get trained, make it worth your time and invest in my high-quality training services.  Grant money can help to make it even more affordable.

 

A Reminder From the Pennsylvania Department of Environmental Protection to Recycle Consumer Electronics

This holiday season, many people will receive new TVs and computers, often as replacements for older electronics. DEP reminds Pennsylvanians to recycle unwanted electronics instead of throwing them in the trash. When electronic items are thrown away, they often end up in a landfill where heavy metals within the electronics, such as lead, cadmium, and mercury, pose a threat to the environment.
 
“Recycling is a simple way for all of us to do our part in protecting our environment,” DEP Secretary Chris Abruzzo said. “Let’s make this holiday season a little bit greener by properly recycling our unwanted electronic devices.”
 
On January 24, 2013, Pennsylvania’s Covered Device Recycling Act took effect, banning landfill disposal of certain electronics. Under this law, TVs, desktop and laptop computers, tablets, computer monitors, and printers from residents and small businesses with fewer than 50 employees must be recycled.
 
The law also requires manufacturers to develop systems to recycle certain electronics. This puts the responsibility to recycle on the producer, making recycling easier for consumers.
 
There are several ways consumers can easily recycle electronic items:
  • Some local governments offer curbside electronics recycling. Consumers should first check with their local municipality to see if curbside or drop-off service is provided.
  • Many retail and non-profit outlets recycle most electronic items for free including Best Buy, Goodwill, Salvation Army and Staples. It’s best to call ahead to confirm which electronics are accepted.
  • There are free collection events that take place throughout the year at various locations, which may be organized by county, local governments and non-profit partnerships. The Pennsylvania Recycling Hotline (1-800-346-4242) provides statewide information about recycling services and upcoming events.
  • Consumers can also take their items to permitted electronics recyclers, some of which offer pick-up service.
  • Many waste and recycling hauling companies also collect electronic items destined for recycling.
A list of permitted recyclers and more information is available on DEP’s electronics recycling webpage.

Darigold failed to report chlorine gas release in Portland to authorities in timely manner

Read the release:  Darigold failed to report chlorine gas release in Portland to authorities in timely manner

Release Date: 12/18/2013
Contact Information: CONTACT: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov

12 people required hospitalization from exposure to chlorine gas fumes at facility.

(Seattle—Dec. 18, 2013) Darigold Inc. failed to immediately notify federal and state emergency authorities of a chlorine gas release in 2012 at a milk facility in Portland, Oregon, according to a settlement with the U.S. Environmental Protection Agency. By law, facilities are required to report hazardous releases to state and federal emergency response authorities in a timely manner. The facility produces ultra pasteurized milk products.

“Emergency responders need to know immediately when a hazardous release occurs so they can protect the public,” said Kelly McFadden, Manager of the Pesticides and Toxics Unit in EPA’s Office of Compliance and Enforcement. “This facility is located in a populated urban area. Chlorine gas is extremely harmful to breathe. In this case, the facility was evacuated two separate times and twelve people were hospitalized.”

Eight Darigold employees, a truck driver, two contractors and a person who was driving by at the time of the incident were sent to the hospital.

On the morning of May 30, 2012, a truck driver arrived to off-load a nitric acid and phosphoric acid-based chemical solution that is used for sanitizing at the facility. The driver improperly connected the hose from the truck containing the chemical solution to a tank containing sodium hydroxide and sodium hypochlorite, resulting in a violent chemical reaction and the chlorine gas release.

Darigold became aware of the release at 10:16 a.m. and notified the fire department at 10:31 a.m. but failed to immediately notify state and federal emergency response authorities. The chlorine gas release continued until about 4:00 p.m.

Federal law requires that facilities immediately report chemical releases exceeding certain thresholds to federal, state and local authorities. For chlorine gas, the threshold is ten pounds. The Darigold facility released about 166 pounds in this incident.

Chlorine gas is highly toxic and can cause burning of the eyes, nose, and mouth, as well as nausea, dizziness, vomiting, respiratory impacts and death.

The facility violated the Comprehensive Environmental Response, Compensation, and Liability Act, and the Emergency Planning and Community Right-to-Know Act.

Darigold has agreed to pay over $42,000 to settle the violations.

For more information on EPA Emergency Management, visit: http://www.epa.gov/emergencies/index.htm

Confused about when to report a release of a hazardous substance or extremely hazardous substance and to whom?  This article will clarify your reporting responsibilities under both CERCLA and EPCRA.  I provide training required by both the USDOT (HazMat Employee Training) and USEPA and authorized states (Hazardous Waste Personnel Training).  Please don’t hesitate to contact me for a free training consultation.

2013 SUPPLEMENTARY ANNUAL REPORT FOR GROUND WATER MONITORING

The instructions, forms, and mailing list for the Ground Water Monitoring Report are supplied to the Division of Materials and Waste Management (DMWM) by the Division of Drinking and Ground Waters (DDAGW). Technical questions that are specific to your site should be asked of DDAGW staff through your DMWM District Office contact. Adobe Acrobat PDF files of the instructions and the Master Parameter List are available on DMWM’s 2013 Hazardous Report Web site.

Data File Format

Please review the submittal instructions throughout the report form as they have changed. The five data files being utilized (Facility, Wells, Params, Sampling, and GWdata) have been updated. Minor changes have been made to the databases including removal of some non-required information and updating some columns. The five database files must be submitted in xls or dbf format, with the ability for Ohio EPA to manipulate the files to add them to the statewide database. The data format of each file, along with an example, has been provided as part of the instructions. The report form includes required information necessary for Ohio EPA to perform data validation on the submitted data and to include it in our statewide database. To request previous years’ electronic files or for other annual report questions, please contact Katie Rader of DDAGW’s Central Office via phone (614-644-3128) or e-mail (katie.rader@epa.ohio.gov).

*****Important Updates for 2014

  1. Particular attention will be paid by the Ohio EPA DDAGW reviewer to having correctlatitudes/longitudes in decimal degrees for the general facility (Facility Tab) and each well (Wells Tab). The annual report submittal will not be deemed accurate and complete if these portions are missing or in an incorrect format.
  2. Particular attention will be paid by the Ohio EPA DDAGW reviewer to use of the parametercode names provided in the 2013 Updated Master Parameter List. The annual report submittal will not be deemed accurate and complete if these portions are missing or in an incorrect format.
  3. A complete copy of the report and the diskette/CD must be sent to the Division of Materials and Waste Management (DMWM) Central Office in Columbus with an additional complete copy sent to the District Office of DMWM. Please reference the district office mailing on the cover letter that accompanies the submittal. Addresses for Central Office and each District Office are available on the first page of each form. All information may be submitted on diskette/CD in the required format.

USEPA’s Incident Waste Assessment and Tonnage Estimator (I-WASTE)

An update to this web-based tool provides increased functionality

The I-WASTE Tool was developed by USEPA’s Homeland Security Research Program to assist responsible parties with clean-up in the aftermath of a terrorist attack, natural disaster, or chemical, biological, or radiological incident.  The handling of large volumes of waste generated by attacks, disasters, and incidents poses a significant challenge to communities, and all levels of government already reeling from the cause of the waste.  The I-WASTE tool was designed by the USEPA to assist these persons by providing access to information in the form of databases and tools to use that information.  The USEPA I-WASTE Tool provides:

  • Information on the types and volumes of waste materials and potential contaminants generated during an incident.
  • Location and contact information for potential treatment/disposal facilities.
  • Health and safety information to ensure public and worker safety during the removal, transport, treatment, and disposal of contaminated waste and debris.
Recently Added Features (Version 6.1):
  1. A wide-area waste quantity estimator for use in calculating waste disposal amounts for events involving several structures.  Calculations may include building structural materials if it is necessary to demolish the entire building.
  2. Updates to several databases of available treatment, storage, disposal, and recycling facilities for waste generated during an event.

Download and read the USEPA Technical Brief (pdf):  EPA’s Incident Waste Assessment & Tonnage Estimator (I-WASTE)

For more information, visit the NHSRC website:  www.epa.gov/nhsrc

The I-WASTE Tool is available at:  www2.ergweb.com/bdrtool/login.asp.  You will need to request a user ID name and password to log on.

Technical Contact:  Paul Lemieux, lemieux.paul@epa.gov

While this tool is meant for the aftermath of a terrorist attack, natural disaster, chemical, biological, or radiological incident, the regulatory requirement to conduct a hazardous waste determination and properly dispose of all waste you generate applies to everyone.  Contact me if you have any questions about the generation, management, and disposal of hazardous waste.

OSHA’s Toolkit for Transitioning to Safer Chemicals

We know that the most efficient and effective way to protect workers from hazardous chemicals is by eliminating or replacing those chemicals with safer alternatives whenever possible.

This statement from Dr. David Michaels, assistant secretary of labor for occupational safety and health is from an OSHA news release announcing two new tools available to protect workers from exposure to hazardous chemicals in the workplace.  One of these new tools:  the Annotated Permissible Exposure Limits, or annotated PEL tables will not be discussed here.  The purpose of this article is to make known a handy tool that can be of assistance to you in transitioning from hazardous to non-hazardous chemicals in the workplace. (more…)