maryland

Company in Baltimore Settles With USEPA Regarding Alleged RCRA Violations. Pays $39,400 Penalty.

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.govLogo for US Environmental Protection Agency

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.Maryland Department of Environment

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.

Contact me with any questions you may have about the transportation of hazardous materials

 

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Baltimore Companies Pay Fines to USEPA for Alleged Violations of RCRA

The regulations enacted under the authority of the Resource Conservation Recovery Act (RCRA) and its many amendments are enforced by both the USEPA and States if they have an authorized hazardous waste program.  In this situation, though its state regulations are enforced by the Maryland Department of the Environment, the USEPA took the lead in imposing fines for the alleged violations of both state and Federal hazardous waste storage regulations.

Please review my summary of the USEPA enforcement action below, or you can read the USEPA press release here:  EPA Settlement with Baltimore Companies Helps Provide Safe Handling of Hazardous Waste (more…)

Phoenix Color Corp. Settles Hazardous Waste Violations at Hagerstown Facility

Determine your Hazardous Waste Generator Status

in Maryland

Release Date: 01/13/2014
Contact Information: Donna Heron 215-814-5113 / heron.donna@epa.gov

PHILADELPHIA ( Jan. 13, 2014) — Phoenix Color Corp. has agreed to pay a $45,000 penalty to settle alleged violations of hazardous waste regulations at its facility on Phoenix Drive in Hagerstown, Md., the U.S. Environmental Protection Agency announced today. 

 

Hazardous Waste Training and HazMat Employee Training in Maryland

Maryland has an authorized Hazardous Waste Program

EPA cited Phoenix Color for violating the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. 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.

Following a November 12, 2012 inspection, EPA cited the company for RCRA violations involving hazardous waste stored at the facility, including spent non-halogenated solvents, corrosives and mercury-containing fluorescent bulbs.

The alleged violations included : 1) operating a hazardous waste storage facility without a RCRA permit or interim storage status; 2) failure to make a hazardous waste determination; 3) failure to keep hazardous waste containers closed; 4) failure to inspect containers in a 90-day storage area; 5) failure to provide annual hazardous waste management training; 6) failure to maintain hazardous waste management job descriptions; and 7) failure to prepare and implement a complete hazardous waste emergency plan. 

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the resolution of this matter. As part of the settlement, Phoenix Color has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements. 

For more information about hazardous waste and RCRA, visit http://www.epa.gov/epawaste/hazard/index.htm

Read the press release here.

It’s no surprise to me that among the alleged violations this company faced is a failure to train its Facility Personnel per the requirements of 40 CFR 265.16.  Good training like mine will fulfill the regulatory requirements and give you and your employees the knowledge and the tools to prevent these kinds of violations while protecting the environment.

The cost of training and compliance is a fraction of alleged violations such as these.  Contact me now to discuss your RCRA training options.

Daniels Training Services

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

Warner Graham Settles Hazardous Waste Violations at Cockeysville, Md., Facility

Determine your Hazardous Waste Generator Status

in Maryland

Release Date: 01/13/2014
Contact Information: Donna Heron 215-814-5113 / heron.donna@epa.gov

Hazardous Waste Training and HazMat Employee Training in Maryland

Maryland has an authorized Hazardous Waste Program

PHILADELPHIA (Dec.. xx, 2013) — Warner Graham, LLP, has agreed to pay a $80,650 penalty to settle alleged violations of hazardous waste regulations at its industrial solvent repackaging facility in Cockeysville, Md., the U.S. Environmental Protection Agency announced today. 

EPA cited the company for violating the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. 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.

Following an April 2012 EPA inspection, and follow-up investigations, EPA cited Warner Graham for RCRA violations involving solvent waste, which is a hazardous waste stored at the facility. The alleged violations involved several RCRA regulations, including requirements for hazardous waste monitoring and inspections, employee training, equipment and tank testing, equipment marking, secondary containment, contingency planning, recordkeeping and reporting. 

In addition to the $80,650 penalty, the company has agreed to perform a $24,550 project to install a less permeable floor beneath the product storage tank area. This project, which exceeds regulatory requirements, will help minimize the potential environmental risk in the event of any accidental releases from these tanks.

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in resolving this matter. As part of the settlement, the company has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements. 

For more information about hazardous waste and RCRA, visit http://www.epa.gov/epawaste/hazard/index.htm

Read the press release here.

Once again a facility faces significant fines and penalties for the violation (alleged) of the RCRA regulations.  It is not uncommon in a situation such as this where a list of violations is indicated, “…requirements for hazardous waste monitoring and inspections, employee training, equipment and tank testing, equipment marking, secondary containment, contingency planning, recordkeeping and reporting.” that one of the violations includes a failure to train Facility Personnel per the requirements of 40 CFR 265.16.  Initial and annual training of your employees will not only fulfill the requirements of 40 CFR 265.16, it will also teach them how to do their job in compliance with the regulations.  Thorough, high-quality training like mine will go even further, giving you and your employees the knowledge to find the potential violations of the RCRA regulations and the tools to fix them.  Good training saves you money and the head aches and bad press that goes along with violations.

Daniels Training Services

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

Please don’t hesitate to contact me about the regulations of the USEPA or Maryland for the management of hazardous waste.

Determining Your Hazardous Waste Generator Status in Maryland

In a trio of earlier articles I explained the requirements of the US EPA for determining your hazardous waste generator status.

In these articles Iwas careful to point out that the information is based solely on the Federal regulations of the US EPA.  Any State with an authorized hazardous waste program, such as Maryland, may create and enforce regulations very different from those of the US EPA, and this Maryland does.  A hazardous waste generator in Maryland therefore must ensure they are in compliance with the State of Maryland regulations otherwise known as the Code of Maryland (COMAR) in lieu of those of the US EPA found in the Code of Federal Regulations (CFR).

This article will identify and explain the regulations for determining hazardous waste generator status in Maryland.

A key distinction between the regulations of the US EPA in Title 40 of the Code of Federal Regulations (CFR) and COMAR is the difference in the recognized classifications of hazardous waste generator status.  While US EPA recognizes three hazardous waste generator status:

  1. Large Quantity Generator (LQG)
  2. Small Quantity Generator (SQG)
  3. Conditionally Exempt Small Quantity Generator (CESQG)

Maryland only recognizes two:

  1. Fully Regulated Generator – which encompasses the SQG & LQG status of the US EPA.
  2. Maryland Small Quantity Generator (SQG) – which is similar to the CESQG status of the US EPA.

Maryland does not recognize the CESQG status for generators of hazardous.

Table 1 summarizes the differences in hazardous waste generator status between the US EPA and the Maryland Department of the Environment (MDE).

Table 1:

Hazardous Waste Generator Status

Federal

State of Maryland

Large Quantity Generator

Fully Regulated Generator

Small Quantity Generator

Conditionally Exempt Small Quantity Generator

Maryland Small Quantity Generator

The requirements of COMAR Title 26, Subtitle 13, Section 02.05 for determining Small Quantity Generator status are summarized in Table 2.  In order to maintain the status of an SQG in Maryland a generator must maintain its hazardous waste at or below the levels indicated in Table 2.

Table 2:

Type of Waste

Generate

Accumulate Onsite

COMAR
Hazardous Waste

<100 kg/mo

N/A

26.13.02.05(A)(1)
Hazardous Waste

N/A

≤100 kg

26.13.02.05(D)(3)(b)
Acute Hazardous WasteCommercial Chemical Product or Manufacturing Chemical Intermediate

≤1 kg/mo

≤1 kg

26.13.02.05(C)(1,2)
Maryland Listed Hazardous WasteM001 – PCB’s >500ppm

≤1 kg/mo

≤1 kg

26.13.02.05(C)(1,2)
Acute Hazardous WasteF020, F021, F022, F023, F026, & F027

≤1 kg/mo

≤1 kg

26.13.02.05(C)(6)(a)
Maryland Listed Hazardous WasteK991, K992, K993, K994, K995, K996, K997, K998, & K999

≤1 kg/mo

≤1 kg

26.13.02.05(C)(6)(b)
Any Combination of Acute Hazardous Waste or Maryland Listed Hazardous Waste

≤1 kg/mo

≤1 kg

26.13.02.05(C)(7)
Acute Hazardous WasteSpill residue or contaminated soil

≤100 kg/mo

≤100 kg

26.13.02.05(C)(5)

 
Container with residue of EPA Listed Acute or Toxic Hazardous Waste or Maryland Listed Hazardous Waste

Any container >20 liters capacity unless RCRA Empty

Any container >20 liters capacity unless RCRA Empty

26.13.02.05(C)(3)
Inner liners with residue of EPA Listed Acute or Toxic Hazardous Waste or Maryland Listed Hazardous Waste

10 kg unless RCRA Empty

10 kg unless RCRA Empty

26.13.02.05(C)(4)

Note that for most of the criteria you may equal but not exceed the threshold amount.  However, for the amount of hazardous waste generated per calendar month your hazardous waste generation must be below 100 kg/mo.

If you are able to maintain your waste generation and accumulation at or below these thresholds as applicable, you have a reduced regulatory burden as a (Maryland) SQG, which is similar to that of the Conditionally Exempt Small Quantity Generator (CESQG) of the US EPA, requirements include:

  • Correctly identify all hazardous waste you generate.
  • Keep on-site accumulation of hazardous waste at or below 100 kg at any one time.
  • Ensure disposal of hazardous waste to a state-approved hazardous waste disposal facility.

If you exceed any of the above thresholds your status is a Fully Regulated Generator in Maryland, which is similar to the Large Quantity Generator (LQG) status of the US EPA, requirements include:

  • Correctly identify all hazardous waste you generate.
  • Submit a Notification of Hazardous Waste Activity form and obtain a US EPA ID Number.
  • Accumulate hazardous waste in a DOT-Approved container, properly labeled and marked.
  • Accumulate hazardous waste onsite for no more than the time allowed:
    • 90 days, or;
    • 180 days if the generator has ≤500 kg of hazardous waste and ≤1 kg of acute hazardous waste.
  • Document offsite shipments of hazardous waste on the Uniform Hazardous Waste Manifest to a state-approved hazardous waste disposal facility.
  • Fulfill the requirements for Emergency Preparedness and Prevention.
  • Prepare a Contingency Plan for hazardous waste emergencies.  Submit copies to state and local agencies per MDE requirements.
  • Train personnel who handle hazardous waste or who may respond to a hazardous waste emergency.
  • Submit an annual report of hazardous waste activity to the MDE.

Maryland is one of those states that takes its state-authorized hazardous waste program seriously.  Not content to mimic the Federal regulations, it has created state-specific requirements throughout the hazardous waste regulations.  While my Training Seminars are a good way to gain an overview of the regulations and see how your State fits into the picture, it’s Onsite Training where you learn exactly what is required of you by your State Environmental Agency to maintain compliance.  I do both.  Contact me for a free training consultation.