pennsylvania

Pennsylvania Company Guilty Plea and $1.2 Million Fine for Improper Storage of Explosive Hazardous Waste

The Bullet:

The generator of a hazardous waste violated basic requirements of the hazardous waste regulations.  And, as a consequence, also violated the Hazardous Material Regulations of the PHMSA/USDOT.  These avoidable violations have resulted in significant criminal violations for this company and its officers.

Who:

Action Manufacturing Company in Atglen, PA.

The initial inspection was conducted by the USEPA’s Land and Chemical Division and the Pennsylvania Department of Environmental Protection (PA DEP).

The case was investigated by the EPA’s Criminal Investigation Division and the U.S. Department of Transportation Office of Inspector General. It is being prosecuted by Assistant U. S. Attorney Elizabeth Abrams.

What:

Action Manufacturing Company’s production process generates an explosive hazardous waste.  State and Federal regulations codified under the Resource Conservation and Recovery Act (RCRA) require hazardous wastes to be managed according to the applicable generator regulations while accumulated on-site and sent off-site for disposal only to permitted hazardous waste Treatment, Storage, & Disposal Facilities (TSDFs).  Instead of complying with these regulations, the company stockpiled hazardous wastes on-site for – in some cases – several years in gross violation of the generator on-site accumulation time limits.

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Where:

Action Manufacturing Company is headquartered in Bristol, Bucks County, PA.

The hazardous waste in question was stored at its facility in Atglen, Chester County, PA

When:

Initial inspection was completed by the USEPA’s Land and Chemical Division and the Pennsylvania Department of Environmental Protection (PA DEP) in November 2011.

Action Manufacturing entered the guilty plea on May 21, 2014.

A sentencing hearing is scheduled for August 27, 2014.

Why:

Federal and state hazardous waste regulations require a generator of hazardous waste to comply with applicable regulations in lieu of obtaining a permit for the storage of a hazardous waste.  Indefinite, long-term storage of this type without a permit is not allowed.  Further, evidence of a knowing violation of the regulations can lead to criminal prosecution, as in this case.  Also, as is often the case, violations of the USEPA hazardous waste regulations results in violations of the PHMSA/USDOT regulations for the transportation of a hazardous material (in this case a hazardous waste).

How:

Both Federal and state regulations allow authorities of the USEPA or your state, if it has an authorized hazardous waste program, to enter the property of a hazardous waste generator at any reasonable time and go anyplace hazardous waste are or have been.

Conclusion:

I don’t pretend to know all the facts of this case.  I am relying solely on the news release of the USEPA:  Pennsylvania Company Pleads Guilty to Improper Storage of Explosive Hazardous Waste and Agrees to $1.2 Million Fine.  However, it appears to me that compliance with the regulations of the USEPA and the PA DEP would not have been that difficult and certainly are preferable over this outcome.

Don’t wait!  Contact me for a free consultation regarding your compliance with the regulations of the USEPA, your state, and the PHMSA/USDOT.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

 

Oil-Based Finishes as Universal Waste in Pennsylvania

The Universal Waste regulations of the US EPA at 40 CFR 273 provide an option for generators to manage what would be a hazardous waste according to a reduced regulatory burden.  Relaxed regulatory requirements for Universal Waste include, but are not limited to:

  1. One year on-site accumulation time limit.
  2. Universal Waste doesn’t count towards your Hazardous Waste generator status.
  3. Uniform Hazardous Waste manifest not required for off-site shipments.
  4. Reduced training requirements for facility personnel.
  5. No inspection requirements.

The US Environmental Protection Agency currently identifies four (4) types of Universal Waste:

  1. Lamps.
  2. Batteries.
  3. Mercury-Containing Devices.
  4. Pesticides.

Read more about the Federal Universal Waste regulations.

States with authorized hazardous waste programs under RCRA are allowed to expand on this Federal list of Universal Waste, and many have.

The State of Pennsylvania, at Chapter 266b of its code, has added the following two wastes in addition to its adoption of the four Federal Universal Wastes:

  1. Oil-Based Finishes.
  2. Photographic Solutions.

The State code defines an Oil-Based Finish as:

Any paint or other finish that may exhibit, or is known to exhibit, a hazardous waste characteristic as specified in 40 CFR Part 261, Subpart C (relating to a characteristics of hazardous waste), or which contains a listed hazardous waste as specified in 40 CFR Part 261, Subpart D (relating to lists of hazardous wastes), and is in original packaging, or otherwise appropriately contained and clearly labeled.  Examples of oil-based finishes include, but are not limited to, oil-based paints, lacquers, stains and aerosol paint cans.

In other words, any paint, in any form (aerosols!), if it first meets the definition of a hazardous waste (characteristic or listed) can be managed as a Universal Waste in Pennsylvania.  It is, however, limited to paints and finishes, it does not include clean-up solvents or other paint-related waste.

Photographic Solutions are defined as “silver-bearing waste streams resulting from photographic processing solutions or rinse water.”

The identification of Oil-Based Finishes and Photographic Solutions as a Universal Waste is specific to Pennsylvania.  If these two Universal Wastes are shipped out of state for recycling, the Universal Waste regulations of the destination state must be considered and it is likely that your Oil-Based Finish or Photographic Solution will then have to be managed as a Hazardous Waste.

State-specific regulations such as these are best addressed during On-Site Training.  For On-Site Training I will work with you to create a presentation specific to your operations and only the regulations that your employees need to know.  Train all of your HazMat Employees and Facility Personnel in one day (or more if necessary).  Contact me for a free consultation.

 

The Requirements for Generators of Residual Waste in Pennsylvania

The US Environmental Protection Agency (US EPA) is the Federal agency responsible for protecting the environment within the US from the affects of pollution.  Legislation passed by Congress and signed by the President provides US EPA with the authority to create and enforce regulations to accomplish the goal of environmental protection.

Subtitle C of the Resource Conservation and Recovery Act (RCRA) requires “Cradle to Grave” regulation of all hazardous waste.   That is, from its point of generation through its transportation in commerce to its final destination or “Grave”.

Subtitle D of RCRA delegates the creation and enforcement of regulations for non-hazardous waste to the States.

As a state with an approved hazardous waste management program, the Pennsylvania Department of Environmental Protection (PDEP), Bureau of Waste Management in Pennsylvania is authorized to create and enforce its own hazardous waste regulations.  Under the authority granted to it by RCRA Subtitle D, PDEP has created state-specific regulations for the management of non-hazardous waste from an industrial source; it refers to this waste as:  Residual Waste.

Residual waste is a non-hazardous industrial waste produced by industrial, mining, and agricultural operations.  It may be a liquid, solid, or gas.  It does not include certain coal mining wastes and wastes from normal farming activities.  It also does not include waste identified as hazardous.

Examples of Residual Waste include:

Ash from coal and Residual Waste burning facilities (~40% of total) Contaminated soil Ceramics Gypsum board
Linoleum Leather Rubber Textiles
Glass Industrial equipment Electronics Pumps
Rubber Detergents & cleaners Pesticides Fertilizers

Residual waste does not include:

  • Sanitary sewage
  • Uncontaminated non-contact cooling water
  • Office, lunchroom, restroom wastes
  • Construction and demolition debris

If you generate a residual waste you must comply with the applicable state laws and regulations in 25 PA Code, Subchapter B.  Your regulatory burden will depend upon the amount of residual waste you generate.  A summary of the regulatory requirements are below.

If at any site in the previous year you generated more than an average of 2,200 lbs of Residual Waste per month, you must:

  1. Submit the biennial report per §287.52.
  2. Prepare a source reduction strategy per §287.53.

And/or, if at any site in the previous year you generated more than 2,200 lbs of an individual Residual Waste in any single month, you must also complete the required chemical analysis of waste per §287.54.

The requirements of §287.52-54 don’t apply to waste generated in the following manner:

  • Residual waste generated as a result of collecting the waste.
  • Waste created from a spill, release, fire, accident, or other unplanned event.
  • Oil used as a lubricant in an internal combustion engine or for other lubricating in a motor vehicle which is unsuitable for further use.

If you store residual waste at your site (its point of generation) for any period of time, you must also comply with the requirements of Chapter 299, which require generators of residual waste to…

  • Routinely inspect their facility and maintain records of inspections (§299.112).
  • Store for no more than one year, unless you wish to be considered a residual waste disposal facility (§299.113).
  • Prevent it from becoming a nuisance (§299.115).
  • Manage storm water runoff and prevent groundwater degradation (§299.117).
  • Manage in either containers (§299.121) or tanks (§299.122).
  • Whether managed in containers or tanks, residual waste must be labeled as “Residual Waste” and the type of residual waste identified.

Chapter 299 contains more information specific to other management units for residual waste:

  1. Storage piles.
  2. Impoundments.

It also contains requirements for specific types of waste:

  1. Ash residue from residual waste incineration.
  2. Friable asbestos.
  3. PCB waste.
  4. Waste tires.

These state laws and regulations are enforced by the PA DEP by conducting on-site investigations, responding to complaints, and prosecuting violators.  Compliance with Pennsylvania’s (or any State’s) regulations for non-hazardous waste requires a thorough knowledge of the State regulations and the workings of the State Agency (in this case the PDEP).  While I refer to State regulations in my public training workshops, it is in my on-site training that I really dig deep into what you need to know about State and Federal regulations.  Contact me to discuss the training you need for your facility.