EPCRA: TRI & Tier II 

RCRA Tune-up

Do you generate RCRA hazardous waste? Many think because they only generate small quantities that they are exempted. This isn't always true. Recent regulatory enforcement inspections revealed the following common violations:

• generating hazardous waste outside the limits of your generator registration
• improper container labeling
• improper disposal of waste
• not storing waste containers on an impervious surface
• lack of training
• not having a contingency plan

You are a conditionally exempt small quantity generator (CESQG) only if you generate 100 kilograms (kg) or less per month of non-acute hazardous waste and 1 kg or less of acutely hazardous waste. Compliance is generally less complicated and fees less for CESQGs.

 

Small quantity generators (SQG) generate more than 100 kg but less than 1,000 kg of hazardous waste per month and 1 kg or less of acutely hazardous waste per month. If you accumulate hazardous waste on-site before it is shipped to a treatment, storage, and disposal facility (TSDF), then be sure that "all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies."

 

If you are a large quantity generator (LQG), generating 1,000 kg or more of hazardous waste or more than 1 kg of acutely hazardous waste per month, and you accumulate hazardous waste on-site, then you need trained "facility personnel" in the following areas:

• Key parameters for automatic waste-feed cutoff systems
• Communications or alarm systems
• Response to fires or explosions
• Response to groundwater contamination incidents
• Shutdown of operations

Have you made sure that new employees or workers that have been newly assigned to a position have completed this training within 6 months of taking this job or new position?

 

Have you made sure that these new or newly assigned workers do not work in unsupervised positions until they have completed this training?  Do "facility personnel" get an annual refresher training that is also documented?

 

The owner/operator needs to keep the following documents and records at the facility:

• A job title for each hazwaste-related position and the name of the person who fills that position;
• A written job descriptions for each position that requires handling or management of hazardous waste including the skills, education, or qualifications, and duties of each position;
• A written description of the type and amount of training given to each of these hazwaste workers?
• Records that document the training

Training records on current personnel need to be kept until facility closure or on former personnel for at least 3 years from the date the employee last worked at the facility.

 

These requirements have been adversely affecting businesses in New England. GEC can train your personnel, audit your facility or assist with your compliance program.  Neil Inglis and Henry Balikov are also able to work with you to achieve a facility status that may reduce or exempt you from some of these requirements and reduce your risk.  Please call us at 781-356-9140 for more information.

 

Polychlorinated Biphenyl (PCBs)

GEC completed a compliance audit at a chemical company and our experience there, combined with a recent EPA enforcement bulletin, prompted us to share our PCB experience with you. This company once had significant quantities PCBs on site, but when we arrived they could not clearly demonstrate whether PCBs were still present or had been removed. Initially, there was also a question about whether the PCB transformers had been replaced or whether only the dielectric fluid had been changed out.

 

The EPA announced that a Connecticut-based company settled violations of PCB regulations under the Toxic Substances Control Act. Specifically, the company allegedly failed to create and maintain annual document logs for three years. In addition, the company failed to specify the date of removal from service for disposal and the weight of PCB waste on the manifest. This settlement cost the company about $40,000 in fines.

 

The recordkeeping requirements in federal PCB laws, including maintenance of annual documentation logs and proper manifests are targets in EPA's TSCA enforcement program. Why? According to EPA, the requirements impose minimal administrative costs and burden on facilities compared to the significant value the Agency finds in the use of the data to determine which facilities have PCBs, whether facilities are in compliance with the regulations, and the tracking of PCBs to the point of final disposal.

 

PCB regulations are also found within other environmental laws including: CERCLA/Superfund, RCRA,Clean Water Act, Safe Drinking Water Act, EPCRA and individual States.  Neil Inglis and Henry Balikov are able to help you with PCB requirements.   Give them a call for more information at 781-356-9140.

About Goldman Environmental Consultants, Inc.

GEC has been helping clients with their environmental challenges for over 25 years. Our services include site assessment, remediation, EHS permitting, compliance & reporting, environmental engineering, auditing, risk assessment, ISO 14001, sustainability and energy savings. Find out more about GEC at www.goldmanenvironmental.com