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Hazardous Waste Generator Improvement Rule
In the first major modification to the hazardous waste regulations in over 10 years, EPA plans to modify and reorganize the hazardous waste generator rule. When adopted, the rule will provide greater flexibility in how hazardous waste is managed and close important gaps in the regulations.
Attend Environmental Resource Center’s live, online session to learn:
- New requirements for documenting hazardous waste determinations
- Revised requirements for when and how to submit the Notification of Generator Status form to EPA
- How to take advantage of the episodic generation exclusion to avoid reclassification to a larger generator status
- Definitions of important new terms – “Very Small Quantity Generator” and “Central Accumulation Area”
- How to mark containers, tanks, and containment buildings with new information required at central accumulation areas and satellites
- New conditions under which containers can be left open at satellite accumulation areas
- Updated time and volume limits for satellite accumulation areas
- New documentation requirements for contingency plans and biennial reports
- New requirements for shipping hazardous waste from a VSQG to another facility owned by the same organization
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast on January 15 where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
Cary RCRA, DOT, and SARA Training
Columbia RCRA and DOT Training
Indianapolis RCRA, DOT, and IATA/IMO Training
Requirements for the Safe Transportation of Bulk Explosives Updated
This rulemaking is a response to two petitions for rulemaking submitted by industry representatives concerning the continued use of renewal applications, and concerning the incorporation of an industry standard publication.
The revised rule provides wider access to the regulatory flexibility currently only offered by special permits and competent authorities. The requirements of this final rule mirror the majority of provisions contained in nine widely-used longstanding special permits that have established safety records. These requirements eliminate the need for future renewal requests, thus reducing paperwork burdens and facilitating commerce while maintaining a commensurate level of safety. These hazardous materials are used in blasting operations on cargo tank motor vehicles and specialized vehicles, known as multipurpose bulk trucks, which are used as mobile work platforms to create blends of explosives that are unique to each blast site. Finally, this rulemaking addresses the construction of new multipurpose bulk trucks. This final rule is effective January 20, 2016.
DOT Withdraws Cargo Tank Motor Vehicle Wetlines Rulemaking
The withdrawal was mandated by Congress under the Fixing America's Surface Transportation Act or the FAST Act.
Although PHMSA is withdrawing its rulemaking proposal, the agency will continue to consider methods to improve the safety of transporting flammable liquid by cargo tank motor vehicle
Chem-Solv Inc. Pleads Guilty to Illegally Storing and Transporting Hazardous Waste
Chem-Solv has agreed to serve five years’ probation, during which time it must develop and implement an environmental compliance plan and be subjected to yearly independent environmental audits. In conjunction with the criminal settlement, the EPA has reached a civil settlement with Chem-Solv that requires the company to pay a $250,000 penalty to settle alleged violations of improper hazardous waste storage at Chem-Solv’s Roanoke facility.
Chem-Solv operates a chemical blending and distribution facility on Industry Avenue S.E. in Roanoke as well as distribution facilities in Colonial Heights, Virginia; Rock Hill, South Carolina; and Piney Flats, Tennessee. Chem-Solv is in the business of purchasing chemicals and then reselling them to customers, either directly or after repackaging. As part of its ordinary business practices, Chem-Solv generated hazardous waste.
Count one of the information is based on a spill of several hundred gallons of ferric chloride—a hazardous substance—on the Chem-Solv facility in Roanoke in June 2012. Although most of the waste was cleaned up using vacuum trucks, some of the ferric chloride flowed from the Chem-Solv facility onto an adjoining property both before, and during, the cleanup. The pleadings allege that the adjoining property owner was not notified that ferric chloride had leaked onto their property. Chem-Solv then employed a waste transportation company to transport the waste to a disposal facility.
Chem-Solv was given advance notice of an EPA inspection in December 2013. At the time the advance notice was given, Chem-Solv was storing numerous containers of chemical waste on its facility that should have been disposed of properly. The pleadings allege that Chem-Solv directed its employees to load three trailers with the chemical waste in an attempt to prevent EPA inspectors from discovering it. Two of the three trailers were taken offsite. The third trailer, which was not road worthy, was stored on the Chem-Solv property for almost a year and its contents were discovered by law enforcement officers on November 19, 2014, while executing a search warrant.
“With this plea agreement, Chem-Solv has an opportunity to put its egregious conduct behind it and learn from these mistakes by developing a strong environmental compliance plan, as required,” said Assistant Attorney General Cruden. “The Justice Department and our federal partners will continue to investigate and prosecute anyone whose illegal conduct puts workers and the public at risk of harm from hazardous and toxic materials.”
“A corporation’s concern with the bottom line profit can cause it to cut corners by attempting to circumvent laws that are intended to protect the community and the environment,” said U.S. Attorney Fishwick. “The prosecution of Chem-Solv should send a strong message that such corporate actions will not be tolerated and will be punished.”
“The chemicals in this case are toxic, highly corrosive and acidic, and today’s plea demonstrates that when companies put the public at serious risk, they will be held accountable for their actions,” said Assistant Special Agent in Charge Jennifer Lynn of EPA’s criminal enforcement program in Virginia.
The investigation was conducted by Special Agents of EPA’s Criminal Investigation Division and the U.S. Department of Transportation’s Office of Inspector General. Assistance in the investigation was provided by the Virginia Department of Environmental Quality, Roanoke City Police Department and the Roanoke Fire-EMS Department and the Blue Ridge Environmental Task Force. The prosecution was handled by Assistant U.S. Attorney Jennie L. M. Waering, Senior Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section, and EPA Regional Criminal Enforcement Counsel David Lastra.
Characterization, Modeling, Monitoring, and Remediation of Fractured Rock
Many new characterization tools have been developed in the last 20 years along with a greater appreciation for the importance of chemical and biological processes that can occur in the fractured rock environment. The findings of this report are particularly applicable to engineered repositories for buried or stored waste and to fractured rock sites that have been contaminated as a result of past disposal or other practices (, ).
New Hampshire Ball Bearings to Pay $150,000 Penalty for Hazardous Waste Violations
The explosion occurred at the NHBB facility in Peterborough, New Hampshire. NHBB will be assessed a total civil penalty of $150,000.
The State alleged that a tank containing acid used to treat precision ball bearings was emptied into a drum that may have contained an incompatible substance like isopropyl alcohol. A reaction between these substances caused pressure to build up inside the sealed drum, leading to a violent explosion.
As part of the settlement, NHBB will use $5,000 to help local first responders. NHBB voluntarily undertook a similar program shortly after the accident and reports that it was well-received in the community. The remaining $145,000 will go to a dedicated hazardous waste fund held by the State.
Joseph Foster said: "NHBB promptly resolved the compliance issues associated with this unfortunate accident. We anticipate that they will continue to be a responsible partner in protecting the safety of NHBB employees and the welfare of the community."
Water Oil and Gas Company Failed to Provide Notice of Hazardous Discharge
United States Attorney Kenneth A. Polite, announced that Walter Oil & Gas Company, a Texas corporation residing in Houston, Texas, pled guilty to a one-count Bill of Information which charged the company with failing to provide notification to the National Response Center of a hazardous discharge, in violation of Title 33, United States Code, Section 1321(b)(5)(C). This charge relates to Walter Oil & Gas Company’s oil and gas production in the Grand Isle area of the Gulf of Mexico. As part of the guilty plea, the company agrees to pay a total monetary penalty of $400,000 and serve a two-year term of probation. If accepted by the Court, the $400,000 monetary penalty will be divided as follows: $320,000 to the United States Treasury, $40,000 to the Louisiana Department of Environmental Quality, $30,000 to the Louisiana State Police Emergency Services Unit and $10,000 to the Southern Environmental Enforcement Network.
According to court documents, Walter Oil & Gas Company operated a subsea well for the purpose of extracting oil and gas, which would then be sent to the offshore platform identified as Grand Isle 115, by means of a submersed pipeline. Walter Oil & Gas Company was tasked with ensuring that all material extracted from their subsea wells or introduced into the production pipeline, was managed properly and did not enter the waters of the United States. During oil and gas exploration and production, a paraffin plug sometimes develops which slows the flow in the pipeline connected to the subsea well and offshore platform. An ensuing investigation revealed that in February 2014, personnel on the Grand Isle platform pushed hydrate inhibitor (MXU 5-2684) and paraffin solvent (MC P-3810) by way of a service line, to return the flow in the pipeline to an optimal level. The attempt to clear the plug was unsuccessful and a pipeline remediation plan was developed, which included the recovery of the pipeline to the surface for the removal of any paraffin plugs. On March 31, 2014, while conducting the pipeline remediation project, a portion of the MXU 5-2684 material leaked into the Gulf of Mexico by way of a malfunctioning release valve. The chemical components of MXU 5-2684 are Xylene, Quarternary Ammonium Chloride, Ethylbenzene and Isopropyl
Alcohol, which are defined by federal statute as hazardous substances. A sufficient quantity of MXU 5-2684 leaked that Walter Oil & Gas Company was required to provide notice to the National Response Center. No notification was provided and no attempts to remedy the spilled waste were conducted. On April 1, 2014, the pipeline remediation project was continued but was unsuccessful, and personnel left open a connection that allowed the MXU 5-2684 to further leak into the Gulf of Mexico. Had the connection been closed rather than left open to leak, another day of work to remedy the situation would have cost approximately $200,000.
“Our federal and state law enforcement partners are committed to protecting our environment,” stated U.S. Attorney Kenneth A. Polite. “We will continue to demand that businesses not illegally pollute the waterways that sit at the center of our culture and economy.”
“The Coast Guard Investigative Service places high priority on the protection of our delicate maritime environment. We will continue to work hand in hand with our law enforcement partners to pursue those who, by their actions, place that environment at peril,” said William Hicks, Acting Special Agent in Charge of the Coast Guard Investigative Service Gulf Region office in New Orleans, Louisiana.
“Developing domestic sources of energy must be done responsibly, safely and without threatening public health or the environment,” said Daniel Pflaster, Acting Special Agent in Charge of EPA’s criminal enforcement program in Louisiana. “The defendant failed to report illegal discharges of production waste fluids believed to be extremely toxic to aquatic environments, and this type of illegal activity compromises the hard work that state, local and federal partners have invested to restore the Gulf of Mexico. Today’s plea agreement demonstrates that when companies damage the environment and mislead government officials, they will be held accountable for their actions.”
“The Louisiana Department of Environmental Quality will not tolerate the bypassing of state and federal laws for personal, professional or monetary gain,” DEQ Secretary Peggy Hatch said. “We will continue to aggressively prosecute any business, corporation or individual found to be in violation of environmental regulations.”
United States District Court Judge Nannette Jolivette Brown set formal sentencing for March 10, 2016.
U.S. Attorney Polite praised the work of the Criminal Investigation Division of the EPA, the Criminal Investigation Division of the Louisiana Department of Environmental Quality, and the Coast Guard Investigative Service Gulf Region. The case is being prosecuted by Assistant United States Attorney Jon Maestri.
Developer Fined for Illegal Pollution at Sumner Construction Sites Along White River
A Pierce County developer faces a $34,000 fine after ignoring technical assistance and an administrative order to protect the water quality of the White River.
The Washington Department of Ecology issued the penalty to the Michelson Knapp Land Venture (Michelson Knapp) for failing to prevent polluted stormwater from reaching the White River following repeated violations found during inspections in 2015.
On four separate days in 2015, Ecology inspectors witnessed multiple violations of the company's Construction Stormwater General Permit. The permit regulates pollution, especially sediments, during construction projects and outlines expectations and best management practices for permit holders to keep waters of the state clean. Ecology has worked with Michelson Knapp to meet conditions of the permit since 2013, but to date Michelson Knapp has failed to implement the technical assistance.
In several cases, the untreated stormwater also reached the city of Sumner's stormwater system, potentially requiring additional maintenance which can cause increased costs for ratepayers in the city.
"We expect construction firms to operate on a level playing field, investing and implementing the standard practices accepted by the industry as the best way to prevent pollution reaching our rivers and streams," said Rich Doenges, water quality section manager for Ecology's Southwest region. "Unfortunately, the developer ignored those practices and polluted the White River."
Michelson Knapp's construction sites are located at the Sumner Corporate Park Cascade and Glacier Building in Sumner. Michelson Knapp can appeal the penalty to the Pollution Control Hearings Board within 30 days.
"Michelson Knapp Land Ventures takes protection of the environment seriously and consistently implements effective water quality measures at all of its construction sites, including the Sumner Corporate Park Cascade site," Michelson Knapp said in a statement.
EPA Approves Oklahoma Drinking Water Rule
The EPA has approved the state of Oklahoma’s revised rule for regulating total coliform in drinking water.
“Safe drinking water is one of our most valuable public health assets,” said Regional Administrator Ron Curry. “Oklahoma has shown its drinking water program will continue to protect people’s health under the revised rule.”
Total coliforms are a group of bacteria that, while largely not harmful to humans, can indicate the presence of harmful bacteria, parasites, and other pathogens in drinking water. The revision included setting limits for E. coli levels, monitoring requirements, and public notice requirements for violations, among other measures.
EPA tentatively approved ODEQ’s plan for authority to administer the revised total coliform rule on November 2, 2015, and did not receive any comments or requests for a hearing from the public. The final rule was granted on December 2, 2015. All public water systems must comply with the revised rule starting April 1, 2016.
Junkyard Owners Held in Contempt for Failing to Complete Environmental Cleanup
Attorney General Eric T. Schneiderman recently announced that he has won a contempt of court decision against a Washington County scrap metal and automobile dismantling operation and its owners for failing to complete a court-ordered cleanup of environmental contamination. The Supreme Court of the State of New York, County of Washington found East Side Used Auto Parts, and its owner James Marro, in civil and criminal contempt for ignoring a 2011 court-ordered settlement to remedy the environmental damages caused by allowing toxic chemicals to contaminate the air and nearby groundwater. The Court ordered the defendants to complete the cleanup of the site and pay a $100,000 penalty. The Court also imposed a 30-day imprisonment sentence on James Marro, suspended so long as he complies with the terms of the court’s order.
“Through reckless, illegal conduct, the owners of this junkyard created dangerous conditions in the heart of a residential neighborhood, then ignored their obligations to the court—and to the community—to remedy them,” Attorney General Schneiderman said. “This decision sends the message that such behavior and disregard for the rules will not be tolerated. My office will continue working to ensure that those who break the law will be held accountable.”
From 2003 to 2010, East Side Used Auto Parts operated at 3614 Burgoyne Avenue, Kingsbury, a site that borders a residential neighborhood on three sides and a public school on the fourth. Over the course of the junkyard’s operation, the owners were repeatedly cited by the New York State Department of Environmental Conservation (DEC) for mishandling waste at the site and illegally discharging harmful chemicals into the environment. Residents who live nearby repeatedly complained of headaches, nausea, breathing difficulties, and loss of sleep due to the junkyard’s operations.
“I applaud the DEC’s Environmental Conservation Officers, Law Enforcement officials and Attorney General Schneiderman for pursuing this case to ensure the protection of public health and the environment,” Acting DEC Commissioner Basil Seggos said. “The willful violation of environmental laws and failure to complete a court ordered remediation in this case is appalling and DEC commends the court for this strong decision. This should serve as a stern warning that if you disregard environmental laws and contaminate the environment, DEC will find you and you will be prosecuted.”
After the matter was referred by the DEC, the Office of the Attorney General brought a lawsuit against East Side Used Auto Parts, and its co-owners James and Robert Marro, in Washington County Supreme Court. In 2011, the defendants entered into a court-ordered settlement with Attorney General Schneiderman in which they committed to a full cleanup of the site, including removing waste materials and debris, and implementing an investigation of soil and groundwater contamination. However, when the defendants stopped all cleanup and investigative work, Attorney General Schneiderman asked the court to hold them in civil and criminal contempt.
In the decision, the court granted the Attorney General’s motion, finding that, among other things, East Side Used Auto Parts and James Marro—who signed the settlement—failed to make a good faith effort to comply with the 2011 settlement. In this finding, the court concluded that defendants had no basis for claiming they lacked sufficient assets by which to fund compliance with the settlement and complete the cleanup.
The court ordered the defendants to comply with the settlement, including submitting a schedule for completion of their remedial obligations. The court also ordered defendants to pay a $100,000 penalty, plus interest, as well as plaintiffs’ costs and expenses. In addition, the court imposed a 30-day imprisonment sentence on James Marro, although the sentence was suspended so long as he complies with the terms of the order.
While in operation, East Side Used Auto Parts and its owners crushed cars without properly draining the fluids, thereby allowing gasoline, petroleum, antifreeze, and Freon to pollute the soil and groundwater wells. The operation was also cited for spilling hazardous chemicals and improperly storing potentially harmful debris, including car batteries and tires. Further, the crushing and handling of vehicles and scrap metal at the facility created noxious odors, dust, smoke, loud noises, and vibrations that impacted the health and quality of life of residents in nearby homes.
Attorney General Schneiderman thanks Michelle A. Crew, Regional Attorney with the DEC Region 5 Office of General Counsel, and multiple DEC technical staff members, including Environmental Engineer Andrew Frank and Principal Economist Sharon Brooks for their work on this matter.
This matter is being handled by Assistant Attorneys General Brian Lusignan and Michael Myers, and Environmental Scientist Mauricio Roma, of the Attorney General's Environmental Protection Bureau, which is led by Bureau Chief Lemuel Srolovic. The Environmental Protection Bureau is part of the Attorney General’s Social Justice Division. The Executive Deputy Attorney General for Social Justice is Alvin Bragg.
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Trivia Question of the Week
Filling your gas tank at different times of the day can affect your fuel consumption.
a) True
b) False
