PHILADELPHIA (Oct. 18, 2012) — In a consent agreement with the U.S. Environmental Protection Agency, the Maryland Air National Guard (MDANG), 175^th Wing, has agreed to pay a $75,000 penalty to settle alleged violations of hazardous waste regulations at its facility at 2701 Eastern Blvd., Baltimore, Md.

EPA cited MDANG 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.

The consent agreement resolves alleged violations discovered in an April 2011 inspection of the facility. According to EPA, MDANG stored hazardous waste for more than 90 days without a RCRA hazardous waste permit or interim status, failed to provide annual hazardous waste training to some of its employees for a three-year period, and violated RCRA rules on labeling and recordkeeping. The wastes involved in these alleged violations include lubricants, paints, sealants, cleaning solutions and adhesive wastes. These wastes are hazardous because they exhibited the characteristics of being ignitable, corrosive or toxic due to chromium, methyl ethyl ketone or other compounds.

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

Compliance with the RCRA regulations begins with training.  Contact me to learn just what training you need to ensure this doesn’t happen to you.

Contact Information: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov Jack Boller, EPA RCRA Unit, 206-553-2953, boller.jack@epa.gov

(Seattle—Sept. 14, 2012) The Kenai Peninsula Borough has agreed to construct a building to store hazardous waste following violations of federal waste management rules at its maintenance facility in Soldotna, Alaska, according to a settlement with the U.S. Environmental Protection Agency.

“Proper hazardous waste management prevents costly, dangerous spills and keeps communities safe,” said Scott Downey, Manager of the Hazardous Waste Compliance Unit in EPA’s Seattle office. “We’re glad that the shop will soon have a building where it can manage hazardous waste more effectively.”

An EPA inspection in 2009 identified hazardous waste violations. The facility failed to determine if waste it was managing was hazardous waste, and failed to label containers of hazardous waste and used oil waste. The substances included paint thinners, kerosene and a mix of solvent and anti-freeze. The improperly labeled containers ranged in size from two-gallon containers to a 300-gallon tank.

The borough offered to construct the building to store hazardous waste as a way to mitigate the penalty EPA sought to address the violations of the Resource Conservation and Recovery Act. Under the settlement, the borough will construct and operate the building and pay a penalty of nearly $12,800.

Good training, my training, serves several purposes.  It will fulfill the training requirements of the US EPA for large quantity generators of hazardous waste and it will inform you of the applicable regulations and what you must do to maintain compliance.  Good training, my training, will reduce or eliminate the potential for this type of violations and fines.  Contact me to determine the kind of training that is right for you.

If your operations generate empty – or nearly empty – aerosol cans as a waste you must be aware of your requirements as a generator of hazardous waste under the Resource Conservation and Recovery Act (RCRA).  First of all, you must be aware that unless the aerosol cans meet the definition of RCRA Empty found at 40 CFR 261.7 it is subject to the requirement to perform a hazardous waste determination per 40 CFR 262.11.  This determination may very well reveal that your aerosol cans are a characteristic hazardous waste for Ignitability or Reactivity, or perhaps a listed hazardous waste.  Don’t panic however, RCRA includes an exemption from full regulation that can include your aerosol cans, if managed properly.

The key is the Scrap Metal Exemption found at 40 CFR 261.6(a)(3)(ii).   The exemption exists because EPA believes that some wastes – even hazardous wastes – pose a lower risk to the environment when recycled.  The exemption allows for certain recycled hazardous materials (known as “recyclable materials”) to be released from full regulation as a hazardous waste under Subtitle C of RCRA.

Scrap metal is a solid waste when disposed of or recycled.  However, if recycled (i.e., reclaimed to recover a usable product), the Scrap Metal Exemption can be used to exempt it from regulation as a hazardous waste.  What, therefore, is a scrap metal?  Defined at 40 CFR 261.1(c)(6) as, “bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.”  Some key points of the definition:

• “Bits and pieces of metal parts” or metal pieces combined to make manufactured articles.  It does not include dusts, fines, or sludges.
• Must be “worn or superfluous”, i.e., no longer fit for use.
• “Can be recycled”.  It must be acceptable to a recycler.

Many items may fit into this definition, one of them is a steel aerosol can; with or without the residue of a liquid or a compressed gas.  If applicable, the scrap metal exemption allows you to accumulate, store, empty, puncture, and drain your steel aerosol cans as part of the recycling process exempt from RCRA regulation.  EPA does not regulate this exempt recycling process, but it does recommend you…

• Empty the aerosols in a safe manner and in a way that protects the environment.  This means don’t brace the can and whack it with a hammer and nail (I’ve seen it done) or throw it into a bonfire for kicks (don’t get any ideas).
• Capture the compressed gases and any liquid residue.  The liquid residue will likely be a hazardous waste for Ignitability and possibly for a listed hazardous waste.  If a filter is used to capture the released compressed gases, that will be subject to a hazardous waste determination as well.

A good way to meet the EPA recommendations is to purchase an aerosol can puncture device and install it on a DOT-Approved container.  Follow the manufacturer’s instructions for use of the device, and manage the container as a satellite accumulation area for hazardous waste.

The above is based on the US EPA Federal regulations.  Your state, county, or municipality may have regulations addressing the handling and disposal of aerosol cans.  Also, your scrap metal recycler should be informed of your actions.

UPDATE: EPA proposed in 2018 to allow non-empty aerosol cans to be managed as a universal waste.  Unless the current interruption in federal government operations continues (written 01.21.19), this should become law in 2019.  This will clarify and ease the management of non-empty aerosol cans.

Not only does my RCRA Training meet the regulatory requirements for large quantity generators of hazardous waste, it also contains information that you can apply in your day-to-day operations to maintain compliance.  But RCRA Training is only part of what I do.  I also provide HazMat Employee Training required by the US DOT.  Contact me for a free consultation on your training needs.

Sumter Coatings, Inc. (SCI) in Sumter, SC must pay a $55,000 civil penalty as part of a settlement with the US Environmental Protection Agency for violations of the Resource Conservation and Recovery Act (RCRA) regulations discovered at its facility during a joint US EPA & SC Department of Health and Environment inspection (press release).  Alleged violations of the hazardous waste regulations include:

• Improper management of hazardous waste containers on site;
• Failure to provide a sufficient base beneath containers which held hazardous waste;
• Failure to make a hazardous waste determination;
• Failure to inspect all areas where hazardous waste containers are stored weekly;
• Failure to develop personnel training program to ensure compliance with hazardous waste regulations;
• Failure to update information contained in the contingency plan, along with failing to make arrangements with local police and hospital authorities regarding the contingency plan and submitting copies of the contingency plan to first responders.

It is sadly ironic that yet another company is developing a training program under the shadow of an enforcement action when proactive implementation of RCRA training could have precluded the violations from occurring in the first place.  Hazardous waste training is required for all personnel of a large quantity generator who handle, manage, generate, work around, treat, recycle, etc. hazardous waste and is highly recommended for similar employees of small quantity generators.  In addition to being a regulatory requirement, it is also a good way for you and your personnel to maintain compliance with the full array of hazardous waste regulations applicable to your operations.

I can provide RCRA Training and DOT HazMat Employee training in a variety of formats and locations; either at my open enrollment events held nationwide and year round, or right at your facility with on-site training tailored to your site-specific needs.  Please review my training schedule to find a date and location convenient to you, or contact me for a free training consultation.

Last year EPA announced the launch of a new mapping feature within its Enforcement and Compliance History Online (ECHO) database.  Updated monthly, it includes information on enforcement actions – undertaken by EPA at the Federal level or by authorized State environmental agencies – against businesses like yours.  This new feature is part of the EPA’s ongoing effort to improve transparency and include more parties in maintaining regulatory compliance and protecting the environment.

The result of this “transparency” is that businesses such as yours must prepare to address – and be addressed by – a general public and other interested parties who now have ready access to critical information about your facility’s compliance status.  All enforcement actions undertaken by State and Federal agencies are included.  The data may be searched by year, media (air, water, waste, or multiple), by State, or other criteria.  The mapping tool also allows users to focus on specific facilities and view:

• Facility name.
• Applicable environmental statute with potential violation.
• Link to detailed information about the facility’s compliance status on the ECHO database.

What does this mean for you?  Now more than ever, enforcement actions against your company are “Public Knowledge”.  Once an applicable action is taken by a State or Federal agency, there is no way to prevent it quickly becoming available to neighbors, concerned citizens, media, environmental groups, and your competitors.  The best way to prevent this kind of stain on your company image is to preclude the necessity for an enforcement action in the first place.

Maintain compliance with all State and Federal regulations.  Begin by ensuring any employees who generate, manage, or handle hazardous waste receive annual RCRA (aka: Hazardous Waste Personnel) Training.  It is also likely that you have employees that require the DOT’s HazMat Employee training.  I can provide both of those trainings at a reasonable price and at a location convenient for you.  Review my open enrollment training schedule, and my prices, or contact me about on-site training.