The Bullet:

The owner/operator of a manufacturing facility in Baltimore, MD agreed to a settlement with the USEPA over its alleged violations of Federal regulations based on the Resource Conservation and Recovery Act (RCRA).  As part of settlement the company agreed to come into full compliance with state and Federal regulations and to pay a penalty of $39,400.

Who:

Simpson Strong-Tie Company, Inc. manufactures epoxy-based products, grout and cement products, and fiberglass molds.

USEPA contact:  Donna Heron 215-814-5113 / heron.donna@epa.gov

What:

The alleged violations involve containers of spent acetone and spent dibasic ester managed as hazardous waste and include:

• Failure to make a hazardous waste determination.
• Failure to keep hazardous waste containers closed except when adding or removing waste.
• Failure to label and date hazardous waste containers
• Failure to provide proper EPA identification numbers on hazardous waste manifests.

As part of this settlement, the company has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA regulations.

Where:

The company operates a manufacturing plant located at 3100 Falls Cliff Rd., Baltimore, Md.

When:

Initial USEPA inspection of facility in April of 2012.

USEPA news release of settlement dated June 10, 2014.

Why:

RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste. By complying with regulatory requirements for managing hazardous waste, the company will significantly reduce the possibility of accidents that could contaminate soil and groundwater.

How:

Though Maryland has an authorized hazardous waste program administered by the Maryland Department of the Environment, in this case the USEPA was the lead Agency in settling this issue with the company.

Conclusion:

How expensive is training?  How much time will it take?  Will it be a big hassle?  My answer to these questions, and others like it, is that my training is much less expensive and time-consuming than a single violation of the Federal or State hazardous waste regulations.  If you’re a Large Quantity Generator of hazardous waste you must provide annual training for all of your Facility Personnel who are exposed to hazardous waste.  Confused?  Don’t be.  Contact me for a free RCRA Training consultation.

Conducting a hazardous waste determination is a requirement for all persons that generate a solid waste, learn more:  The Hazardous Waste Determination.  The determination may be based on either or both of the following methods:  Process Knowledge or Analysis.  The regulations of the USEPA do not indicate which of these methods is preferred, however, many states with an authorized hazardous waste program will specify that they prefer (aka:  require) the hazardous waste determination to rely on the analysis of a representative sample of the waste whenever that is possible.  Some states will require that the lab used to conduct the analysis be a state approved or state certified lab in order for the results to be acceptable while others have no such requirement.

It is your responsibility as a generator of any waste, particularly a hazardous waste, to ensure the lab you use to determine the hazardous waste characteristics of your waste (eg. Ignitable, Corrosive, Reactive, or Toxic) complies with the following:

• Maintain its NVLAP accreditation.  Read here the difference between “certification” and “accreditation”.
• Use the USEPA approved test methods.
• Maintain its approval/certification with a state’s environmental regulatory agency (if applicable).

The following is an attempt to tabulate the lab certification or approval requirements of the 50 states and provide a link to each state’s list of approve labs, if applicable.  This list will be updated as the requirements of each state become known to me.  Please don’t hesitate to contact me with information about your state if you wish to see it added to this list.

And finally, this information is correct to the best of my ability and knowledge.  I make no guarantee of its correctness or completeness.  Be sure to check with the requirements of your state to ensure compliance. (more…)

In earlier articles I wrote of the regulatory requirement for a facility that generates any solid waste to conduct a hazardous waste determination:  The Hazardous Waste Determination and the basis for making the hazardous waste determination.  To summarize both articles, a generator of a solid waste must determine if the waste is a hazardous waste and if any applicable exemptions or exclusions exist.  This determination may be based on the analysis of a representative sample of the waste by an approved lab and test method (analysis-based), or it may be based on the generator’s  knowledge of the raw materials and processes involved (knowledge-based).  Either way, the generator must document not only the results of the determination (ie. hazardous or non-hazardous) but also the basis for that determination.  The purpose of this article is to make known the USEPA requirements for maintaining records of the hazardous waste determination. (more…)

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.

A generator of any solid waste is required to complete a hazardous waste determination according to the procedure at 40 CFR 262.11.  This determination is typically made at the point of generation, ie., at the moment the solid waste is first generated.  However, a generator’s responsibility to complete the hazardous waste determination may continue beyond the initial point of generation if the solid waste may later undergo a chemical or physical change. (more…)