Cal EPA

The Marking of a Hazardous Waste Container in California

California EPA Department of Toxic Substances Control Regulations

The hazardous waste regulations in California are more strict & more broad than those of the USEPA.

Like most states, California is authorized to manage its own hazardous waste program.  And like a lot of other states, California’s hazardous waste program – administered by the Department of Toxic Substances Control (DTSC) within the California EPA (Cal EPA) – is more strict in its regulation of, and more broad in its definition of, a hazardous waste.  But this is California, so being just a little more broad and a little more strict is not enough; they have to set the bar high.  In brief summation, the DTSC hazardous waste regulations differ from those of the USEPA and most other states by being…

…more broad in their definition of a hazardous waste.  To the point of regulating the following as a hazardous waste:

  • Friable asbestos containing material of ≥1% asbestos.
  • Used oil
  • Some anti-freeze
  • Corrosive solids
  • Nickel, copper, & cobalt containing wastes (among others)

And…

…more strict regulations for the cradle-to-grave management of this expanded class of hazardous waste, including:

  • No recognition of the Conditionally Exempt Small Quantity Generator status.
  • “California Empty” (aka: Drip Dry) as an alternative to USEPA’s “RCRA Empty”.
  • One year of on-site accumulation for hazardous waste in a satellite accumulation area v. unlimited time for on-site accumulation in an SAA per the USEPA regulations.
  • Increased marking requirements for hazardous waste containers during on-site accumulation.

It is this last point that is the subject of this article:  The requirements of the DTSC for the marking of a hazardous waste container used for on-site accumulation of a hazardous waste. (more…)

U.S. EPA settles with two San Joaquin Valley companies to ensure safe handling of hazardous waste

The Bullet:

US EPA announced the conclusions of enforcement actions against two hazardous waste generators in California’s San Joaquin Valley.  Fines paid by the two facilities total $75,200.  Read the US EPA press release:  U.S. EPA settles with two San Joaquin Valley companies to ensure safe handling of hazardous waste

Who:

WCR, Inc., a heat exchanger refurbishing facility.

B.C. Laboratories, Inc., a company that provides environmental testing services for commercial and government clients.

US Environmental Protection Agency – Region 9.  Media Contact: Nahal Mogharabi, 213-244-1815, mogharabi.nahal@epa.gov

What:

Alleged violations of WCR, Inc.:

  • Failure to properly label and close hazardous waste containers.
  • Failure to maintain a hazardous waste container in good condition, leading to minor leaks.
  • Failure to minimize the possibility of unplanned releases by storing the leaking container in an outdoor, uncovered area.
  • Failure to conduct required weekly inspections.

WCR has agreed to pay $34,600 to resolve these violations.

Alleged violations of B.C. Laboratories:

  • Failure to properly label and close hazardous waste containers.
  • Failure to provide adequate aisle space to allow unobstructed access by personnel and inspectors.
  • Failure to submit a biennial hazardous waste report.
  • Not following proper practices, posing a greater risk of hazardous waste releases into the environment.

B.C. Laboratories has agreed to pay $40,600 to resolve these violations.

Where:

WCR, Inc. is located in Fresno, CA

B.C. Laboratories, Inc. is located in Bakersfield, CA.

When:

WCR, Inc. was inspected by US EPA in March 2013.

B.C. Laboratories, Inc. was inspected by EPA in November 2012.

News release dated June 26, 2014

Why:

“Facilities that deal with hazardous waste are responsible for its safe storage and handling,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “It’s vital to protect employees and nearby communities from the risks of accidental leaks and releases of harmful waste products.”

How:

The Resource Conservation and Recovery Act (RCRA) authorizes EPA to oversee the generation, transportation, treatment, storage, and disposal of hazardous waste. Under RCRA, hazardous waste must be stored, handled and disposed of using measures that safeguard public health and the environment.

Conclusion:

In this situation the US EPA brought this enforcement action against the two California businesses and not the Department of Toxic Substances Control (DTSC) of the California Environmental Protection Agency (Cal EPA).  Whatever the enforcement agency (State or Federal), the RCRA regulations will be enforced.  I can provide the training you need to comply with both State (California’s hazardous waste regulations are more strict and more broad than those of the US EPA) and Federal regulations.

Contact me for a free training consultation.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

For more information on the Region’s 2011-2014 Strategic Plan for the San Joaquin Valley, please visit: www.epa.gov/region9/strategicplan/sanjoaquin.html

Department of Toxic Substances Control (California) Files Complaint Against FedEx Ground

The Bullet:

DTSC alleges that FedEx Ground committed more than 1,500 acts resulting in multiple violations of California hazardous waste regulations.  These acts took place at each of FedEx’s thirty-one terminals throughout California.  Alleged violations stem from improper management of broken or leaking packages that contained hazardous materials.  If proven, the violations subject FedEx to civil penalties of up to $25,000/violation.

View the DTSC news release:  DTSC files complaint against FedEx Ground:  Company allegedly mishandled hazardous materials shipped in California

Who:

The Department of Toxic Substances Control (DTSC) is one Department within the California Environmental Protection Agency (Cal EPA).  The DTSC manages the hazardous waste program within the state of California.

FedEx Ground Package System, Inc. (FedEx Ground) is a nationwide Carrier of materials & articles (hazardous & non-hazardous).  In this instance, it is also the Generator of a solid waste.

 What:

Alleged violations include:

  • Improper – or absent – hazardous waste determination.
  • Unlawful transportation of hazardous waste.
  • Transportation of hazardous waste without the Uniform Hazardous Waste Manifest.
  • Failure to obtain hazardous waste generator identification numbers.
  • Did not send hazardous waste to authorized hazardous waste treatment, storage, and disposal facilities.
  • Did not use proper hazardous waste labels and markings on the container.
Where:

Civil complaint filed in Sacramento County.  Violations are alleged to have taken place at FedEx’s thirty-one (31) terminals within California.

When:

News release:  June 26, 2014.

According to the news release, the alleged violations have occurred, “since at least November 2008”.

Why:

The improper management of hazardous waste can lead to the pollution of the environment and jeopardize human health and safety.  DTSC regulates hazardous waste within California to ensure it is managed in a way to minimize its impact on the environment.

How:

As a state with an authorized hazardous waste program, Cal EPA – and DTSC – can create and enforce its own regulations as long as they are at least as strict and broad as those of the USEPA.

Conclusion:

What conclusions can be drawn from this?  Number one, that significant fines and violations can accumulate from a relatively simple lack of awareness of being subject to the regulations.  Pursuant to 40 CFR 262.11 (Federal regulations but adopted by all the states) a generator of any solid waste must determine if it is a hazardous waste.  This is known as the Hazardous Waste Determination.  Simply being aware of this requirement as a starting point could have avoided a significant problem for FedEx Ground in California.

Secondly, despite popular misconceptions, big well-known companies make simple – and costly – mistakes like this all the time.  You as the Generator of a hazardous waste and/or the Shipper of a hazardous material cannot rely on other big-name companies to ensure your compliance.  Their mistakes could cost you!

So what’s the answer?  Training.

If you generate – or even have the potential to generate – any hazardous waste, then someone at your facility must be aware of the applicable regulations of the Resource Conservation and Recovery Act (RCRA).  But more than that, someone must be familiar with the regulations of your state, since, as in this case, the regulations of a state (California) can be much more strict and more broad than those of the USEPA.

I provide that training.  Whether you choose to attend one of my nationwide & year-round Training Seminars, schedule a site-specific Onsite Training, participate in a convenient and inexpensive Webinar Training, or a combination of all three; I’ve can provide you with the training you need to avoid costly fines and penalties.

Please contact me for a free training consultation.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Accumulation Time Limits for Hazardous Waste Generators in California

As a state with an authorized hazardous waste program under the Resource Conservation and Recovery Act (RCRA) Cal EPA can enact regulations for the management of hazardous waste that are more broad and more strict than those of the USEPA.  If you’ve done business in California you know that its regulations pertaining to waste management (not just hazardous waste, but also used oil, universal waste, and non-RCRA hazardous waste) are much more strict than those of the USEPA – or any other state.  You’ll also know that the Department of Toxic Substances Control (DTSC), one of six boards/departments within Cal EPA, is responsible for managing the hazardous waste program in California and that CUPAs (Certified Unified The purpose of this article is to focus on just one aspect of California’s hazardous waste regulations:  The On-Site Accumulation Time Limit for Generators of Hazardous Waste.

California EPA Department of Toxic Substances Control Regulations

The hazardous waste regulations in California are more strict & more broad than those of the USEPA.

(more…)