Readers of my blog and subscribers to my monthly newsletter will know that the EPA published a NODA (Notice of Data Availability) in the Federal Register on February 14, 2014. Its purpose: to present information assembled by the EPA during previous listening sessions and to provide an opportunity for stakeholders (not just the retail sector, but any interested parties) to comment on this information. It also offers the opportunity to provide additional information about any RCRA-related issues faced by the retail sector. In a nutshell, the EPA is in the early stages of considering the creation of hazardous waste regulations specific to the retail industry. At this stage they are looking for information, hence the NODA.
As published, the NODA set a deadline for comment of April 15th; however the EPA recently announced a 45 day extension of this date to a new deadline of May 30th.
Read my article on the subject with links to the original publication in the Federal Register or view the EPA page on the NODA and the status of the extension.
When thinking of those subject to state and Federal regulations for the management of hazardous waste, it’s natural to think manufacturing and industry. However, when the Resource Conservation and Recovery Act (RCRA) was drafted the intent was to regulate the generation, management, treatment, transportation, and disposal of hazardous waste from Cradle-to-Grave no matter the source. This means that businesses very different from what we think of as heavy industry or manufacturing are subject to RCRA regulations and can be subject to penalties, fines, and violations for non-compliance. A perfect example of this is the retail sector which has had a few high-profile compliance issues recently:
As an example of the cost of non-compliance for the retail industry in just one state, see the table below for data collected by the California EPA’s Department of Toxic Substances Control for monetary settlements received just since 2010.
The hazardous waste regulations in California are more strict & more broad than those of the USEPA.
| Retailer |
Year
|
Total Settlement
|
Money Recouped by DTSC
|
| Wal-Mart |
2010
|
$27.7 Million
|
$1.17 Million
|
| Target |
2011
|
$22.5 Million
|
$578,000
|
| Walgreens |
2012
|
$16.6 Million
|
$991,625
|
| CVS |
2012
|
$13.75 Million
|
$249,625
|
| Costco |
2012
|
$3.5 Million
|
$37,750
|
| Save Mart |
2013
|
$2.55 Million
|
$28,000
|
| Lowe’s |
2014
|
$18.1 Million
|
$1.67 Million
|
Have you trained your Facility Personnel on the RCRA Hazardous Waste regulations?
Of course, training – both HazMat Employee and Hazardous Waste Personnel – can prevent the violations that lead to these monetary settlements. Another potential source of relief is the request for comments from the USEPA regarding the creation of hazardous waste regulations specific to the Retail Sector. Now is the time for your voice to be heard! But hurry, the deadline for comments is April 15th.
There is no deadline for training, so contact me with any questions you have about the regulations of the USEPA & the USDOT and the specific requirements of your state.
