EPA Considers New Hazardous Waste Requirements for Retail Sector

On January 14, EPA published a Notice of Data Availability (NODA) solicited comment on information assembled by the Agency regarding the hazardous waste management practices of establishments in the retail sector (e.g., stores).

The retail sector handles a large number of diverse products (for example, one retailer has reported about a million products and 4,000 facilities nationwide), many of which may potentially become regulated as hazardous waste under RCRA when discarded. Thus, retailers are required to make numerous hazardous waste determinations at thousands of sites, generally by store employees with limited experience with the RCRA hazardous waste regulations. Additionally, the retail sector often uses “reverse distribution” in their business processes, where non-damaged products from retail stores are routinely shipped back to consolidation centers. However, how reverse distribution processes are regulated, or should be regulated under RCRA has resulted in a number of questions.

EPA identified improving the effectiveness of the hazardous waste policies, guidance, or regulations for the retail sector as one of the 35 priority topics included in the “Improving Our Regulations: Final Plan for Periodic Retrospective Reviews of Existing Regulations.” In this plan, EPA committed to following up on three items: 1) determine whether to issue guidance in the short term concerning regulation of certain pharmaceutical containers; 2) review data about pharmaceutical products that may become wastes and address issues as part of a rulemaking on pharmaceutical waste management; and 3) analyze information and identify issues about the regulation’s applicability to hazardous wastes generated in the retail industry, what materials may be affected, what the scope of the issues are, and what options may exist for addressing the issues.

The Agency is soliciting comment on a wide variety of options for the management of hazardous waste in the retail sector. 

EPA’s New Solvent Wipe, Shop Towel Rule Demystified

Beginning this month, this new rule will provide significant new exclusions for shop towels and wipes, provided you manage them correctly. 

• Does the rule apply to both cloth and paper wipes and rags?
• What solvents can be on the towels, and which are prohibited?
• Does the rule also apply to towels that contain characteristic hazardous waste?
• Can P or U-listed wastes be on the towels?
• How must the towels be stored on-site?
• Do they need to be tested for anything?
• How long can they be stored?
• How must the containers be marked or labeled?
• How must they be prepared for transportation?
• Where can you ship them and what are the disposal and recycling options?
• What are the documentation requirements?
• How is the new rule impacted by current state regulations?

Cary 40-Hour HAZWOPER Training

Charlotte RCRA, DOT, and Hazard Communication Training

Houston RCRA and DOT Training

How to Implement OSHA’s Globally Harmonized Hazard Communication Standard

OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.

EPA Issues Significant New Use Rules for 35 Chemicals

EPA has promulgated significant new use rules () under the Toxic Substances Control Act (TSCA) for 35 chemical substances which were the subject of premanufacture notices (PMNs). Fourteen of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture (including import) or process any of these 35 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

EPA is promulgating these SNURs using direct final procedures. These SNURs will require persons to notify EPA at least 90 days before commencing the manufacture, or processing of a chemical substance for any activity designated by these SNURs as a significant new use. Receipt of such notices allows EPA to assess risks that may be presented by the intended uses and, if appropriate, to regulate the proposed use before it occurs. Additional rationale and background to these rules are more fully set out in the preamble to EPA’s first direct final SNUR published in the Federal Register issue of April 24, 1990 (). Consult that preamble for further information on the objectives, rationale, and procedures for SNURs and on the basis for significant new use designations, including provisions for developing test data.

Substances covered by the SNUR include:

EPA Revises Permit Guidance for Using Diesel Fuel in Oil and Gas Hydraulic Fracturing

 EPA developed the guidance to clarify how companies can comply with a law passed by Congress in 2005, which exempted hydraulic fracturing operations from the requirement to obtain a UIC permit, except in cases where diesel fuel is used as a fracturing fluid.

EPA also issued an interpretive memorandum, which clarifies that class II UIC requirements apply to hydraulic fracturing activities using diesel fuels, and defines the statutory term diesel fuel by reference to five chemical abstract services registry numbers.  Decisions about permitting hydraulic fracturing operations that use diesel fuels will be made on a case-by-case basis, considering the facts and circumstances of the specific injection activity and applicable statutes, regulations, and case law, and will not cite this guidance as a basis for decision.

Although the recommended practices in the guidance were developed specifically for hydraulic fracturing where diesel fuels are used, many of the guidance’s recommended practices are consistent with best practices for hydraulic fracturing in general, including those found in state regulations and model guidelines for hydraulic fracturing developed by industry and stakeholders. Therefore, states and tribes responsible for issuing permits and/or updating regulations for hydraulic fracturing may find the recommendations useful in improving the protection of underground sources of drinking water and public health.

Responsible development of America’s unconventional oil and natural gas resources offers important economic, energy security, and environmental benefits. The EPA is working with states and other key stakeholders to help ensure that extraction of these resources does not come at the expense of public health and the environment. In particular, EPA is moving forward on several initiatives, such as the diesel guidance, to provide regulatory clarity with respect to existing laws and using existing authorities where appropriate to enhance public health and environmental safeguards.

New York Proposes Ban on Plastic Microbeads in Cosmetics to Protect Water Resources

New York’s Attorney General Eric T. Schneiderman and Long Island Assemblyman Robert K. Sweeney have joined in proposing first-in-the-nation legislation that bans a form of plastic pollution recognized as an emerging threat to New York’s Great Lakes and other bodies of water. The Microbead-Free Waters Act would prohibit the production, manufacture, distribution, and sale in New York of any beauty product, cosmetic, or other personal care product containing plastic particles less than 5 millimeters in size. Microbeads—found recently in alarmingly high levels in the New York waters of Lake Erie—can persist in the environment for centuries and accumulate toxic chemicals on their surface, threatening fish, wildlife, and public health.

Microbeads are commonly found in more than 100 products, including facial scrubs, soaps, shampoo, and toothpaste, where they replace ground walnut shells, sea salt, and other natural materials as an abrasive. When products containing microbeads are used in the home, the beads are rinsed down the drain and into sewer systems. Due to their small size and buoyancy, microbeads escape treatment by sewage plants and are discharged into rivers, lakes, and oceans.

In 2012, a team of researchers that included scientists from the State University of New York at Fredonia discovered alarming levels of microbeads in the Great Lakes—with the highest concentrations recorded in the New York waters of Lake Erie. Half of all plastics collected on the surface of Lake Erie were the perfectly spherical, multi-colored beads identical to the microbeads used in beauty products. Other plastics collected included larger plastic litter that had broken down in the environment, such as detergent bottles and Styrofoam.

Once in the water, microbeads, like other plastics, can attract and accumulate certain toxic chemicals commonly found in waters across the state, and can be mistaken as food by small fish and wildlife. Scientific studies have shown that fish and wildlife of all sizes consume plastic. In addition, environmental pollution found in Great Lakes waters, such as PCBs (the industrial pollutants polychlorinated biphenyls), gravitate and attach to the surface of plastic. If fish and wildlife species low on the food chain eat these contaminated plastics, the chemicals might be passed on to larger birds, fish, and other animals that people eat.

To date, the Great Lakes are the only New York open waters sampled for this plastic pollution. However, microbeads in beauty products can pass through sewage treatment facilities in any part of the State, raising concerns about their introduction into other State waters.

Three leading beauty product manufacturers—Proctor and Gamble, Unilever, and Colgate-Palmolive—have all made recent commitments to phase out the use of microbeads in their products. Other companies, such as Burt’s Bees, have never used these plastics in their products. Consumers can determine if their beauty or personal care products contain microbeads by checking the product ingredient list for polyethylene or polypropylene.

Updated AB 32 Scoping Plan Builds on California’s Framework for Climate Action

 The Scoping Plan guides development and implementation of California’s groundbreaking greenhouse gas (GHG) emission reduction programs. The ARB is required to update the Scoping Plan every five years.

“The 2013 Scoping Plan update lays out the remaining steps to the 2020 limits set by AB 32. It moves the process forward with an approach which cuts across economic sectors to combine greenhouse gas reductions with reductions of smog-causing pollutants,” said Air Resources Board Chairman Mary D. Nichols. “It also describes the need to extend key reduction programs now underway. The 2013 update lays the scientific and technological foundation to ensure sustainable midterm and long-term emission reductions as well as public health and economic goals.”

To achieve these goals California will need to continue building on the AB 32 framework over the coming decades and follow the new actions the update contains to move the state farther along the path to a low-carbon, sustainable future. The update identifies eight key sectors for ongoing action:

• Energy
• Transportation, fuels, land use, and infrastructure
• Agriculture
• Water
• Waste management
• Natural lands
• Short-lived climate pollutants (e.g., methane and carbon black)
• Green buildings

The 2013 Scoping Plan update includes input from a range of key state agencies and is the result of extensive public and stakeholder processes designed to ensure that California’s GHG and pollution reduction efforts continue to improve public health and drive development of a more sustainable economy.

Connecticut Program Promotes Sales and Leases of Electric Vehicles

The Connecticut Department of Energy and Environmental Protection (DEEP) and the Connecticut Automotive Retailers Association (CARA) recently announced the first ever “Connecticut Revolutionary Dealer Award,” to recognize state automobile dealers who sell or lease the highest number of electric vehicles (EVs) from February 1–July 31, 2014. One award will be presented to the dealer that sells or leases the highest number of new EVs—including plug-in hybrids—and the other will go to the dealer who sells or leases the most EVs as a percentage of total sales during the period. 

Connecticut is developing ways to encourage residents and businesses to buy electric and other zero-emission vehicles when making transportation purchases. Since July 2013, the state has provided $177,600 to 48 towns, businesses, and schools to build 75 electric vehicle charging stations throughout the state. It is estimated there are already more than 164 publicly available charging stations in Connecticut—many located at auto dealer locations.

In addition, Connecticut has joined with seven other states in an initiative to put 3.3 million zero-emission vehicles on the road by 2025. Zero-emission vehicles include battery-electric vehicles and hydrogen fuel-cell-electric vehicles.

Electric cars (often referred to as electric vehicles or EVs) are powered entirely by an electric motor supplied by a large battery and do not emit pollution because they do not have a tailpipe. Unlike traditional hybrid cars, electric cars do not have a gasoline engine; they are fueled by plugging into an electric charging station. A plug-in hybrid electric vehicle has an electric motor, an internal combustion engine, and a plug to connect to the electrical grid.

Electric vehicles are less expensive to operate than conventionally-fueled vehicles, they are virtually maintenance-free, and are exempt from state’s emissions testing program if they do not use range extending gasoline engines. A recent federal Department of Energy study shows that the cost of operating an electric vehicle in Connecticut is the equivalent of purchasing gasoline in the range of $1.60–$2.00/gallon.

The Connecticut Automotive Retailers Association is a statewide trade association representing over 250 franchised new car and truck dealerships primarily engaged in the retail sale of new and used motor vehicles, both foreign and domestically produced.

EPA’s How’s My Waterway App Wins Top Award

EPA’s How’s My Waterway app has won the Igniting Innovation Award—the top award from the American Council for Technology and Industry Advisory Council’s (ACTIAC) Institute for Innovation that highlights innovative IT products and services to improve government.

How’s My Waterway is a responsive web design based application that allows users to find information on the condition of their local waters using a smart phone, tablet, or desktop computer. The application presents EPA’s national water quality information in an instantly local and understandable format for public use by translating science-based information for non-scientists. Users view information about waterways using a color-coded list and map displays. Application information includes waterway-specific pollutant condition status, pollutant descriptions, and clean-up plans. The application uses innovative technologies that take advantage of device capabilities such as touch interaction and GPS.

A panel of government and industry judges initially selected How’s My Waterway among the top 30 IT Innovations serving government from almost 100 nominations, with later voting at an all-day exhibit awarding this EPA app with the top award. 

Recycling Companies to Pay $125,000 for Wetlands and Solid Waste Violations

Two recycling companies—Allied Recycling Center, Inc., and Recycling Walpole LLC—will pay $125,000 for allegedly filling and excavating protected wetlands and improperly handling storage of solid and hazardous waste materials at a scrapyard in Walpole, Massachusetts.

• Illegally filled and altered wetland areas at and around their 17-acre property since as early as 1988, including wetlands subject to a conservation restriction recorded in 1976
• Failed to properly label, store, and handle oil and gasoline at the site
• Failed to report releases of oil at the site to the Massachusetts Department of Environmental Protection (MassDEP)
• Received construction and demolition waste and wood waste without a permit
• Failed to properly dispose of materials containing asbestos

“Wetlands serve important environmental functions and those who damage or destroy these valuable resources will be held accountable,” Massachusetts’ Attorney General Coakley said. “We are pleased that this settlement will ensure wetlands restoration and the cleanup of hazardous waste materials dumped on the property.”

“We count on our businesses here to treat our natural resources with respect and to comply with the laws that make Massachusetts a great place to live,” said Commissioner Kenneth Kimmell of MassDEP. “When they don’t, MassDEP and the Attorney General’s Office work hand-in-hand to assure justice and remediation.”

In addition to paying the $125,000 fine, the settlement also requires the companies to restore approximately an acre-and-a-half of bordering vegetated wetlands and 176 linear feet of a stream; assess the historic and recent solid waste at the site and design and implement a closure plan; assess the site for asbestos-containing waste and proper disposal; and correct any handling, storage, or reporting violations of oil or hazardous waste materials at the site.

Heating Contractor Sentenced for Illegally Removing Asbestos from Rental Property

Massachusetts’ Attorney General Martha Coakley has announced that a Plainville-based heating contractor has plead guilty and been sentenced to jail in connection with the improper removal of asbestos in a single-family rental property in Medway, Massachusetts, and for witness intimidation.

Nicholas Pasquantonio plead guilty to one count of witness intimidation and two counts of violating the Massachusetts Clean Air Act for failure to follow required procedures for the removal of asbestos and failure to file a notice of asbestos removal with MassDEP.

After the plea was entered, Pasquantonio was sentenced to one year in the House of Correction, with six months to serve and the balance suspended for a period of three years, during which he will be on probation. Pasquantonio was also ordered to pay a $2,500 fine and to have no contact with the victims in the case.

“This defendant put the public’s safety at risk by violating the guidelines for reporting and removing asbestos, an extremely hazardous toxin,” Attorney General Coakley said. “Further, this defendant attempted to tamper with the integrity of our criminal justice system by intimidating potential witnesses.”

“Plumbing and heating contractors are well aware that asbestos must be properly removed by trained and licensed asbestos contractors,” said MassDEP Commissioner Kenneth Kimmell. “Improper asbestos removal work that exposes workers, tenants and the general public to a known carcinogen is unacceptable and will not be tolerated.”

Cemstone Products Company’s Wastewater Violation Leads to Water-saving Project

The discovery of a contaminated wastewater discharge flowing to Minneapolis’ stormwater sewer system has led to the development of a water-saving project for Cemstone Products Company, which operates a concrete ready-mix facility in Minneapolis, Minnesota. The Minneapolis facility operates under a permit that includes provisions for stormwater and concrete operations to prevent contamination of lakes and streams.

In September 2012, the Minnesota Pollution Control Agency (MPCA) investigated an off-white discharge from a Minneapolis storm sewer into the Mississippi River and found the discharge originated primarily from truck rinse water at Cemstone’s facility. Cemstone agreed to pay a civil penalty of $32,000 and to correct the problems that led to the discharge.

In addition, Cemstone will complete a Supplemental Environmental Project, costing at least $39,000, by October 2014. Staff will install a weir system at Cemstone’s Midway location in St. Paul. The Midway location currently uses a series of ponds for infiltration and evaporation of wastewater. The future weir system will capture wastewater and stormwater and allow for this water to be reused in a washing process and for batching new concrete. An estimated 3 million gallons of water per year will be recycled due to the project.

Environmental News Links

Trivia Question of the Week

How many public alternative fuel stations are located in the United States?

1. 5,000–7,500
2. 7,500–10,000
3. 10,000–20,000
4. More than 20,000