The Bullet:

The deliberate falsification of HazMat shipping papers by a company official led to conviction and sentencing in a criminal court.

Who:

The Defendant is Mr. Ryan Thomas, former Logistics Manager for CES Environmental Services in Houston, Texas.

The case was investigated by EPA’s Criminal Investigation Division and the U.S. Department of Transportation, the Texas Commission on Environmental Quality, the Houston Police Department, the U.S. Department of Labor and the U.S. Coast Guard. It was prosecuted by the Department of Transportation with assistance of Department of Justice’s Environmental Crimes Section.

What:

Mr. Thomas was sentenced to 12 months’ probation, ordered to pay a $500 fine, and to serve 100 hours of community service.

Where:

The CES Environmental Services facilities in question are located in Houston and Port Arthur, TX.

Mr. Thomas was sentenced in U.S. District Court in Beaumont, Texas.

When:

Mr. Thomas was sentenced on July 14, 2014.

Why:

Mr. Thomas produced manifests that falsely indicated that three cargo tank motor vehicles of wastewater originated from the CES Houston plant when in fact, they were produced and shipped from the CES Port Arthur (PACES) plant.  The PACES location had been placed on a moratorium after a November 3, 2008, accident in which a CES driver was overcome by vapors released during the offloading of wastewater.  The disposal facility placed the moratorium on all loads of waste-water from the PACES location until the cause of the accident could be identified and new inbound load testing protocols were agreed to.  Mr. Thomas’ actions sought to circumvent this moratorium.

How:

The deliberate falsification of HazMat shipping papers caused this case to be treated as a criminal case and not a civil.  The USEPA has the authority to turn cases such as these over to the Department of Justice who then prosecutes criminal cases on their behalf.

Conclusion:

Usually, violations of Agency regulations result in civil penalties and forfeitures.  In situations where deliberate falsification is suspected – such as this one – criminal prosecution may result.  Whether civil or criminal, no person or company wants to subject itself to the problems that non-compliance can bring.  Make certain that your facility is in compliance with the regulations of the USEPA, your state, and the USDOT for the cradle-to-grave management of hazardous waste and the transportation of hazardous materials.  I can assist you with compliance in several ways:

• Contact me with a question about the regulations or for a free training consultation.
• Subscribe to my Monthly Newsletter.
• Arrange for one of my many training options to ensure all of your personnel are familiar with the applicable regulations.
  

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Though very similar to those of the USEPA, as a state with an authorized hazardous waste program under RCRA, Texas waste regulations – created and enforced by the Texas Commission on Environmental Quality (TCEQ) – have their own state-specific nuances.  For a person in Texas subject to these regulations, slight differences between state and Federal regulations can make a big difference.  This article will look at one aspect of the waste regulations of the TCEQ in Texas:  What is, and isn’t, a Solid Waste. (more…)

By taking an innovative approach to its pigging operations Pioneer Natural Resources earned for itself a 2014 Texas Environmental Excellence Award (TEEA). Using a three-tiered approach, Pioneer was able to reduce its operational emissions by 90 percent.  For its efforts, Pioneer was recognized with other winners’ projects at a banquet held on the last night of the TCEQ Environmental Trade Fair and Conference in Austin, TX.  BTW, I wasn’t able to make the TCEQ conference even though I had already registered and paid.  I highly recommend attendance at the conference in 2015 for anyone who does business in Texas.

So what did Pioneer do?  Well, you can read a short summary below, but much more information about the project and a short video summary is available here:  http://teea.org/winners/2014/pollution-prevention/pioneer-natural-resources

First, Pioneer installed larger barrels for pig launching and receiving.  These larger barrels held more pigs – natch! – resulting in less venting of natural gas to the atmosphere when valves are opened to add or remove them.

Secondly, the pressure in the barrels was reduced from 100 pounds of pressure to 1 pound prior to opening.  The result:  Less venting of natural gas to the atmosphere.

And finally, Pioneer installed suction drain lines to route accumulated natural gas liquids back into production.  This differs from standard industry practice which is to drain the liquids into open-air tubs that evaporate into the air.  Yikes!  Really?  That’s “standard industry practice”?

What is pigging?

Pigging is a standard industry process involving running a spherical ball, called a pig, through a pipeline to sweep out accumulated produced liquids and debris.  Loading and retrieving pigs into and from a pipeline often requires opening several hatches and valves that allow small amounts of natural gas to vent into the atmosphere.

Interested in snagging a TEEA for your company in 2015?  The 2015 Application Cycle will open August 2014. Visit the TEEA site to apply. http://teea.org/texas-environmental-excellence-awards

I’ve been conducting Training Seminars and Onsite training in Texas for several years now on the topics of Hazardous Material transportation and Waste Management.  And though they are more strict and more broad than  those of the USEPA and most other states (California being the exception) the regulations of the TCEQ for the management of hazardous waste, Used Oil, Universal Waste, and Non-Hazardous Industrial Solid Waste can be understood.  It just takes good training.

As a state authorized to create and enforce its own regulations, Texas has taken distinctive measures to protect its air, land, and water resources from the impacts of the regulated industry within its borders.  From my limited scope of the regulations pertaining to waste (hazardous waste, universal waste, used oil, & non-hazardous industrial waste) I can say that understanding the regulations of the TCEQ – not to mention compliance with them – can be a challenge.

But to their credit, the TCEQ provides a multitude of tools for your use; one of them that I make great use of is a subscription to the TCEQ Rules e-Mail Updates.  More information is available on the TCEQ website:  TCEQ Rules EMail Updates, or if you’re ready to subscribe now you may sign up as a new subscriber: Sign up for e-mail updates or, change your existing profile to include it:  Access your user profile to add this subscription.

By subscribing you’ll receive updates on all topics before the TCEQ, whether it’s a new rule or a schedule for a public hearing.  To give you an idea of  the information available I have included below an entry for the week of April 11, 2014:

Items filed with the Chief Clerk for Future Agenda(s):

• None

Items Continued or Remanded for Future Agenda(s):

• Adoption, SB 1727: Light-Duty Motor Vehicle Purchase or Lease Incentive Program (Rule Project: 2013-039-114-AI) has been moved to the April 30, 2014 Agenda.

New Rule Projects Approved by the Executive Director:

• None

Items Submitted for Texas Register Publication:

• Adoption, SB 1727: Emissions Reduction Incentive Grants Program, (Rule Project No. 2013-036-114-AI)
• Adoption, SB 1727: Drayage Truck Incentive Program, (Rule Project No. 2013-037-114-AI)
• Adoption, SB 1727: Emissions Reduction Incentive Grants Program, (Rule Project No. 2013-038-114-AI)

Petition for Rulemaking Received:

• None

More information can be found in the TCEQ Rule Projects database.

 As I indicated above, I’ve been subscribed for over a year now and have found it a welcome weekly notice in my email:  a quick scan to see if there is any information of interest to me, a deeper look if necessary, and then deleting it and moving on knowing that nothing that affects my business is going to happen in Texas that week.  Take advantage of this free tool from the TCEQ to assist you in complying with the State of Texas regulations.

If you need training, then consider these options:

• Attend my one-day, all-Texas, training seminars.  I spend 8 hours covering nothing but the generation, management, and off-site transportation of waste (hazardous waste, universal waste, used oil, & non-hazardous industrial waste) in Texas.
• Onsite Training.  Delivered right to your door and containing only the Texas-specific regulations that you and your personnel need to know.  Train everybody all at once for one low, flat fee.

And if you don’t need training, then don’t hesitate to contact me with a questions.  I’m glad to help.

A generator of any waste in Texas must take care to ensure compliance with the regulations of the Texas Commission on Environmental Quality (TCEQ).  The first step is to determine if the waste generated is an industrial solid waste or a non-industrial solid waste (read:  The Identification of Industrial and Non-Industrial Waste in Texas).  Only hazardous waste from a non-industrial source is subject to TCEQ regulation whereas both hazardous and non-hazardous waste from an industrial source is subject to regulation by the TCEQ.  But no matter whether it is hazardous waste from a non-industrial source or all waste from an industrial source, there is the possibility that, if recycled properly, the waste may be excluded from some or all regulation of the TCEQ.

To quote the TCEQ, “The regulations that govern industrial and hazardous waste recycling are fairly complex.”  That, I believe, is a Texas-sized understatement!  These regulations can be very complex, so proceed with caution.  After reading this summary of the existing regulations I suggest you conduct further research (additional sources of information are available at the end of this article). (more…)