I love crow.

I have spent the last 25 years of my professional life eating crow. It has a lot to do with the job. At first, it is really hard to eat, but now I don’t mind, even though I have never liked the taste. I think the secret to enjoying crow, is how it’s served to you. See, as an EPA, DOT, OSHA comedian, instructor and publisher, in my small fiefdom, I reign over the hazardous, materials, waste, chemicals and substances requirements. I do this by covering transportation, environmental and worker protection interfaces, inconsistencies and overlaps, which I feel is the critical interface between these three agencies that everyone who uses chemicals must understand when they ship, store, use or dispose of them.

By memory, I can cite the 49 CFR, 172.200 hazardous materials and waste shipping paper regulations.  I am one of a small crowd that knows why DOT, EPA and OSHA all use the term hazardous substance and know every regulation for and differences between an empty drum, in a truck, a spill or in your plant. I know that testing is never required for a 29 CFR OHSA Safety Data Sheet and that the shipping and disposal sections on them is not mandatory and usually incomplete or wrong.

But, I don’t know my wife’s birthday, not sure how old my children are and sometimes I can’t spell my middle name. That is because, my days are immersed in regulatory subchapters, parts, subparts, sections and paragraphs, then at night as I sleep hazardous materials, hazardous substance, hazardous waste, and hazardous chemicals continue to dance in my head.  

For years, I’ve gone to great lengths, in my seminars, to talk about the 49 CFR 172.400, 4x4 inch square EMPTY label under the department of transportation and its use for empty radioactive containers. Often, it is mistaken for a mark but, it is really a label. I was always under the impression that it was only to be used for empty radioactive containers, to be placed over the diamond shaped radioactive hazard Class label when a container that had ‘previously’ contained a Class 7, radioactive material was being shipped back to the original supplier of the material. But, of course I was wrong. I recently found out the EMPTY label can also be used for empty packaging that formerly contained “any” class of hazardous material.

See, at my last seminar in Honolulu, I was approached at the end of the day, by a very good customer, who told me that I might be mistaken about the EMPTY labels uses, and of course not to embarrass me during the course of the seminar she waited until most of the participants had left. Not only that, she said she also had proof, a letter of interpretation that stated that the radioactive EMPTY label could be used on a container that had previously contained a hazardous material, but, now was completely purged and no longer contained any residue of the previous contents.

I quickly scanned her letter of interpretation and told her “she” obviously misread the letter and I dismissed her, then went surfing. Then, three weeks later on my way home from the seminar in Puerto Rico, I found the copy of her DOT letter tucked into my computer bag. Upon further inspection of the letter, to my horror, I found out that she was correct. Apparently the empty label can be used for containers previously containing any hazardous material. I am such an ass.

It seems this letter of interpretation, #01-0169 on August 20, 2001,  by the department of transportation states :

“Specifically, you ask if the empty label required under 173.428 for an empty radioactive material package may be used for a cleaned and purged packaging that formerly contained a non-radioactive hazardous material.” So, “The answer is yes.” A shipper may apply the empty label depicted in § 172.450 to an empty packaging that formerly contained a hazardous material of any hazard class.”

But, what upset me the most, was the fact that I had not looked at nor discussed the letter, at the time it was originally presented to me. See, I wasn’t wrong, the label is “primarily” used for empty radioactive containers.  I was upset because this customer had only taken the time and effort to show me this information to make sure that my future presentations would be correct, where as I thought it was about her, it was about me.

Even worse, a few years ago I had a representative from one of the state environmental protection agency’s tell me that they were handing out and recommending these 49 CFR DOT mandatory EMPTY class 7, shipping labels for designating empty 40 CFR hazardous waste containers, no longer under the 90 or 180 day storage requirements. Signifying that the containers were, at the very least, below the 1 inch, 2.5 centimeter, federal non-acute empty hazardous waste container requirements under the environmental protection agency for hazardous waste generators under 40 CFR 261.7 Residue of hazardous waste an empty containers.  

At the time I had told him they could be only used for empty radioactive containers, which was wrong. However, in retrospect I would still would not recommend using a department of transportation shipping label to meet an environmental protection agency hazardous waste requirement.

Why would you use a DOT empty label on a container that was not regulated by the department of transportation, especially in light of the requirement to use it on empty radioactive containers. It seems crazy to me for someone to go back in to a regulation they are not under to label a container, that is not regulated under that regulation. Then, if these non RCRA empty packaging with residues were shipped off site for any reason, with the EMPTY marks still a fixed, the shipper would be in violation of 49 CFR 173.29 Empty packaging.

So, obviously, I wanted to update at the very least all of the people, I had personally chastised for using the empty mark for anything other than a container that previously contained a radioactive material. But more importantly, I wanted to say thank you to each and everyone of you that has come up to me after a seminar, called or sent me an email to correct “my” incomplete presentation.  

I still have a client, one of my favorites, who I run seminars for every year, that called me up a few days after his last seminar and pretended he did not know the answer to a question on material I had covered in his seminar. I didn’t realize until I got off the phone with him, that he knew the answer but, he really just wanted me to be the best I could be, without humiliating me.

I can’t think of a better way to be served crow.

If you ever have a question, comment or a correction please do not hesitate to contact me.

Thank you for your readership and support.

Robert J. Keegan
Publisher and President
Hazardous Materials Publishing Company

It's what's Inside...

I know you’ve heard the expression, “it is what’s on the inside that counts.” However, that may not be the case if you ship hazardous materials, waste, and substances; in addition to, marine pollutants and/or elevated temperature materials. The Department of Transportation has issued new fines and penalties concerning the closure of packagings of hazardous materials in 49 CFR.

New fines and penalties have been assessed for hazardous material shippers that failed to meet the proper closure requirements for packaging. The general ‘‘No Leak Standard” for all packagings can be found in 173.24(b) and it deals primarily with packaging as a whole, however it is 173.24(f) that focuses on the closure. Also be aware that the Department of Transportation has considered both leak and non- leak scenarios along with the package size to reach the appropriate penalties.

You better hope there is no leak, which if found could increase the fines usually up to 50%. Then, in any circumstance in which a leak comes into contact with a human being, it well could increase the fine by at least 100% (up to $79,976), this of course is only if no one is hurt.

If the violation results in death, serious illness, injury or substantial destruction of property, the  fine amounts would increase. This maximum amount could reach up-wards of $186,610.

IMPROPER CLOSURE

—Small bottle or box. .....................................................................................................$1,000

—55-gallon drum. ............................................................................................................$2,500

—Larger container, e.g., IBC; not portable tank or tank car ..............................$5,000

OUTSIDE THE CONTAINERS

And it’s not just what’s on the inside, apparently DOT also is concerned about what is on the outside. Shippers should be aware that this new rule states, any residue of a hazardous material that is found adhering to the outside packaging in transportation could be a additional fine of up to $5000. This fine again, would only be increased based on human exposure, death, serious injury or substantial destruction of property.

This new rule includes clarification on the liability for shippers who use incorrect, improperly stenciled and unmarked containers. Download a copy of this November 27, 2018 Federal register at  https://www.govinfo.gov/content/pkg/FR-2018-11-27/pdf/2018-24930.pdf  .

We will be covering all these topics and more at the next Hazardous Materials and Waste Management Compliance Seminar, in a city near you. If you have any questions, comments or input please contact me. Thank you for your readership and support.

Robert J. Keegan

Publisher and President

Hazardous Materials Publishing Company

Transportation Skills Programs Inc.

IT’S A THIN LINE

I was told once by my father, that if you stand still long enough, someone will eventually start a line behind you, see he felt that a lot of people were sheep. In fact, it was not uncommon for him to slowly and quietly “ Baaa”, when he was in a line waiting for non-existent or quite frankly even slow service. 

On December 21, 2017, Tom Ferguson from the Council on Safe Transportation of Hazardous Articles, in Queensbury, New York, sent a letter to the Department of Transportation concerning their recent  49 CFR 172.407 label specification amendments. The amendment stated that on December 31st, 2018 the inner border line of each hazard class hazardous material container label must be at least 2 mm wide, as apposed to the old requirements for the inner border line to be at least 1 mm.

REQUEST AND LETTER OF INTERPRETATION : HERE

First, did you know current DOT regulations state that the diamond (square-on-point) hazard class labels must be at least 100 mm (3.9 inches) on each side with each side having a solid line inner border 5 mm inside and parallel to the edge. The 5 mm measurement is from the outside edge of the label to the outside of the solid line forming the inner border and the width of the solid line forming the inner border must be at least 2 mm, not the current 1 mm.  

Listen, unchanged is the size of the labels hazard class or division number that appear on the label, which still must be at least 6.3 mm (0.25 inches) but not greater than 12.7 mm (0.5 inches).  Then, any label names and any text indicating the hazard, that is displayed on a label, still must be shown in letters measuring at least 7.6 mm (0.3 inches) in height. 

There are two important exceptions, first for the SPONTANEOUSLY COMBUSTIBLE or DANGEROUS WHEN WET labels, in which the words “Spontaneously” and “When Wet” must be shown in letters measuring at least 5.1 mm, (0.2 inches) in height

And, the second, could be used only if the size of a package was to small to accommodate the aforementioned specification labels. The dimensions of the label and its features may be reduced as long as the symbol and other elements of the label remain clearly visible. Please, don’t try reducing the spec labels because the solid line forming the inner border still must remain 5 mm from the outside edge of the label and also, the minimum width of the line must remain at least 2 mm, even though all the other features (images, letters and type) shall be in approximate proportion to the larger labels.

Here’s the kicker, the United Nations Committee of Experts on Dangerous Goods, has decided the thickness of the inner border line, has little if any affect on safety and has authorized the use for the old 1 millimeter inner border line on the international hazard class labels. If you have anticipated the changes in the labels on December 31, 2018, fine. However, if you have old labels, with the 1 mm inner border lines, as opposed to the 2 mm thick inner border lines, don’t discard them, they can still be used internationally - under ICAO & IMO. And I hear from the DOT hotline, in the next major Department of Transportation, International Harmonization Rulemaking, they will most likely authorize the use of both the new 2 mm or the old 1 mm inner border line on the hazard class labels.

If you don’t know the transitional history, the old 1 mm thick inner border lines labels were only allowed to be used until December 31, 2016, hence to align with international requirements but, the date was then moved up to December 31, 2018.

In the meantime, it might be a good time to get a copy of the new 2018/2019. Hazardous Materials Substances and Wastes Compliance Guide or better yet, sign up for my next Haz-mat seminar when I am in town, with my personal guarantee that the only line you will see is the one at the end of the day, when my attendees are trying to get out the door. 

Thank you,
Robert J Keegan 

Publisher and President 
HAZARDOUS MATERIALS PUBLISHING COMPANY 
TRANSPORTATION SKILLS PROGRAMS INC
rjkeegan@hazmat-tsp.com

I WILL SURIVE, WILL YOU?

Most people think of picnics, baseball games, state fairs, swimming and BBQ’s when they think of summer, I think of lacerations, insurance investigations and operations. See, I work from September to June each year,  that is I run seminars all around the country, at the strong urging of my wife and family, fall, winter and spring I am on the road. Summers are reserved for me, and my leisure time. Well, that is the plan!!!

When I work, I work hard, all day long. My day starts at 5:30 in the morning with the room setup, along with the video and sound check, then by 8:00 I am presenting my seminar, then once the seminar is completed, I drive or fly to the site of my next meeting typically arriving after 10:00 at night. I hate to cancel a seminar for any reason. In fact, I don’t believe that in the last 20 years I ever cancelled a seminar from sickness, only sloth. Example: once I finished a seminar from the back of my departing ambulance, but I did finish it.

I go for 10 months straight, day in and day out, month after month, from fall to spring, from New York to San Diego, Seattle to Orlando, Hawaii to Puerto Rico, then July 1 the wheels fall off. In my youth, it was airplane landing gear failures, vehicle rollovers, motorcycle crashes, river running, surfing and skateboard mishaps. In my senior years, a short hike on a nearby trail could most likely include tens of thousands of dollars in medical bills, consultations, operations, rehabilitation, braces, stitches, bone fusions, skin grafts, X-rays, CT scans, and MRI’s. You see, receptionists, nurses, interns, digital imaging technicians, orthopedic and plastic surgeons are my “Boys of Summer”.

On any summer day as you are being checked in to your vacation cabin, I could be checking into the ER. As your arm is casting to fish, they might be casting my arm. As you peacefully fall asleep to the smell of sand and the sound of surf, they could be violently anesthetizing me, to the stench of antiseptics and the unstable rhythm of my heart monitor. Ok, I think you get the point. If only July and August were leap months.

I will not bore you with the details of this summer’s sidelining malfeasance but, if this recent round of antibiotics does not stop the infection, that I think I picked up in the ER as they were stitching-up my leg, and I don’t survive the rest of the summer to see you in the fall, in return for your support over the years, which has allowed me to afford top tier airplane, car and medical insurance, I would like to help you survive your first hazardous waste shipment using the new e-manifest system. As I am pretty sure many large quantity generators made their last fee free, paper hazardous waste manifest shipment some time at the end of May, or about 90 days ago.

The following requirements assume that you are familiar with the current paper manifesting requirements as they only address the e-manifest changes to the regulations. In addition I have included this blog in the 2018/2019 Hazardous Materials, Substances and Waste Compliance Guide for future shipments.

THE E-MANIFEST SURVIVAL GUIDE

The 12 major differences and most important Web Pages during the transition from Paper to Electronic Hazardous Waste Manifests.

The E-manifest requirements can be found in the Environmental Protection Agency 40 CFR, in Section 262.20 for Generators, Section 263.20 for Transporters, Section 265.70 and Subpart FF for TSDFs and must be consulted before attempting to fully comply with these requirements. However, if you can remember the following changes and web pages, it will help you survive the transition under the new EPA Hazardous Waste E-manifesting requirements.

“Manifest submission type” means the type of manifest submitted to the e-Manifest system for processing including both electronic manifest submissions and paper manifest submissions.

“Paper manifest submissions” means submission of data to the paper processing center of the e-Manifest system by facility owners or operators. Submission of a paper manifest, EPA Form 8700-22 or a paper Continuation Sheet can be mailed, or by uploading an image file, or by the upload of a data file representation and image of a paper manifest or continuation sheet.

1) NO GO - IF THEY CAN’T SHOW

A generator may only use an electronic manifest for the tracking of waste shipments involving any RCRA hazardous waste, only if it is known at the time the manifest is originated, that all transporters and TSDFs named on the manifest participate in the electronic manifest system. However, it should be noted that a generator may also complete, sign by hand and retain a paper copy of a manifest, thereby enabling the transporter and subsequent waste handlers to enter into the system and manage the remainder of the manifest copies electronically.

2) “ON LINE - ON PAPER”, ALL THE SAME

Authorized electronic manifests that are obtained, completed, and transmitted, in lieu of paper, are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy any and all requirements when obtaining, completing, signing, providing, using or retaining a manifest, including any regulations to give, provide, send, forward or return it, providing that the electronic manifest signatures meets the criteria described in §262.25 of this chapter.

3) MANIFESTS - DATA STORAGE

Generators, transporters and TSDF’s must keep or retain a copy of each manifest by retention in their account on the national e-Manifest system, so that copies are readily available for viewing and production if requested by any EPA or authorized state inspector. However, no party is liable, if the inability to produce an electronic manifest is due exclusively to a technical difficulty with the electronic manifest system.

4) PAPER MANIFEST - PAPER & IMAGE UPLOADS PAPER IMAGE UPLOADS

 PAPER IMAGE UPLOADS
Receiving facilities may submit an image file upload, of the completed, ink signed
manifests, in lieu of submitting mailed paper forms to the e-Manifest system.

PAPER DATA UPLOADS
Data file uploads from paper manifests. TSDF’s may submit data file representations and an image of a completed, ink-signed manifests in lieu of submitting mailed paper forms or just image files, However, this method would require an “CROMERR” compliant certification that the data and images submitted, are an accurate and complete representation of the manifests received.

5) ACCESS, TO E-MANIFEST SYSTEM

A generator may participate in the electronic manifest system either by using their own electronic equipment or by portable equipment brought to the site.

6) STATE WASTES - CONSIDERATION

A generator, transporter and TSDF must each determine whether the generator state or the consignment state requires the generator to submit any legible photocopies of the e-manifest and if a shipment is beyond those regulated Federally as hazardous wastes. For shipments of hazardous waste to a designated facility, in an  authorized State, which has not yet obtained authorization to regulate that particular  waste as hazardous, the generator must assure, that the designated facility agrees to sign and return the manifest to the generator and that any out-of-state transporter signs and forwards the manifest to the designated facility.

7) DOT - HAZARDOUS MATERIAL SHIPPING PAPERS

Any requirement in the EPA disposal regulations, for a manifest to accompany a hazardous waste shipment, is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person who is scheduled to receive delivery of the waste shipment. However, the Hazardous Materials regulations requires shipping papers for all shipments of EPA hazardous waste. Generators must supply a paper document for compliance with 49 CFR 177.817. So, a generator using an electronic manifest must also provide the initial transporter with a printed paper copy of the electronic manifest.

8) UNAVAILABLE E-MANIFESTS

UNAVAILABLE E-MANIFESTS (GENERATOR)

If a generator has prepared and signed an electronic manifest for a hazardous waste shipment but, the electronic manifest system becomes unavailable for any reason prior to the time that the initial transporter has signed electronically,then the generator must obtain and complete a paper manifest and use these paper forms from that point forward.

UNAVAILABLE E-MANIFESTS (TRANSPORTER)
A transporter in possession of a hazardous waste, when the electronic manifest system becomes unavailable, shall reproduce sufficient copies of the printed manifest to be carried on the transport vehicle, or  obtain and complete another paper manifest so that two additional copies can be delivered to the facility with the waste. Each printed paper copy must include a legible handwritten signature and a notation in the Special Handling and Additional Description space, (Item 14), of the replacement manifest for the one originated in the electronic manifest system and which must include the manifest tracking number of the manifest that it replaced, with a brief explanation why the electronic manifest was not available for completing the shipment. Then from that point, the paper replacement manifest copies shall be carried, signed and retained as records.  Then it must be given to any subsequent transporters and the designated facilities, under the requirements that apply to the use of paper manifests.

 

9) E-MANIFEST UNDER TESTING

(GENERATOR TRANSPORTER and TSDF)

Whenever a generator has prepared an electronic manifest and signs it with a electronic signature method which is undergoing testing, the generator must also sign with an ink signature the generator certification on a printed paper copy of the manifest, ie; the Department of Transportation “hazardous material shipping paper” under the 49 CFR 172.200 Shipping Paper requirements. Then have the transporter sign both the electronic manifest electronically and the DOT shipping paper copy with an handwritten ink signature to acknowledge receipt. Finally, the driver must present the printed paper hazardous waste manifest (shipping paper) copy, bearing both generator and transporter handwritten ink signatures, to the designated facility, to be signed in ink to indicate the receipt of the hazardous waste that has been delivered.

10) TSDF E-MANIFESTS POST-RECEIPT - PROCEDURES

TSDFs must ensure that all manifests it receives are completed and entered into the EPA e-manifest system, sent to the EPA e-manifest system for data entry and processing, or submitted in an image file or both a data file and image file, within 30 days of the date of delivery to the address or electronic mail/submission address.

All manifest-related service fees shall be paid by the TSDF, in response to an electronic invoice, using one of the electronic payment methods supported by the Department of the Treasury’s online electronic payment service, in full within 30 days of the date of the invoice or billing.

Note: In the future generators and transporters, not just TSDF’s who use electronic manifests could be assessed a user fee by EPA, which will be based on the system costs and level of use.

11) TSDF - PAPER MANIFEST REQUIREMENTS

When a TSDF facility receives hazardous waste that is accompanied by a paper replacement manifest for a manifest that was originated electronically, the owner or operator must sign and date each copy of the paper replacement manifest by hand in Item 20 (Designated Facility Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy Indication Space) of the replacement manifest. Then, the facility must give back to the final transporter one copy of the paper replacement manifest, then within 30 days of delivery, must send one signed and dated copy of the paper replacement manifest to the generator and the EPA e-Manifest system.

12) CORRECTIONS PAPER AND E-MANIFESTS -TSDF, TRANSPORTERS AND GENERATORS

After facilities have certified the receipt of the hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections to single or batch loaded manifests may be submitted at any time by any interested person ( e.g. waste handler, generator, transporters etc.) named on the manifest, by electronic submission, directly entered corrected data to the web based e-Manifest system or by an upload of a data file containing data corrections relating to one or more previously submitted manifests, but again, only by using the E-manifest system, i.e. “the certification statement must be executed with a valid electronic signature”. Then after receipt by the system of any correction submitted, all other interested persons, will be provided electronic notice of the corrections and the receipt of them by the system.

Hopefully, with the 2018/2/2019 Hazardous Materials, Substances and Wastes Compliance Guide, Seminars and our Support you will survive until July 1, 2021 when EPA will only accept e-manifest entered into the e-manifest system. But, until then........As my grandmother used to say, “We will get through this, but, we will not be the same’’.

Please, VISIT The following Links FOR HELPFUL INFORMATION - E-MANIFEST SYSTEM

The EPA Hazardous Waste Electronic Manifest (E-Manifest) System Webpage https://www.epa.gov/e-manifest

Learn more about:

Access to Manifests, User Registration, How to Submit a Manifest
and Participate in the E-Manifest System

Edit, Sign, Print and Fill Out EPA Hazardous Waste E-manifest on line Online

https://epa-form-8700-22.pdffiller.com/?gclid=EAIaIQobChMIjMvuq6r3AIVFVYNCh1t4wZ2EAAYAiAAEgKSND_BwE

Proposed Rule E-Manifest System- July 26, 2016
https://www.gpo.gov/fdsys/pkg/FR-2016-07-26/pdf/2016-15845.pdf

Final Rule E-Manifest System- January 3, 2018
https://www.gpo.gov/fdsys/pkg/FR-2018-01-03/pdf/2017-27788.pdf
 

EPA E-MANIFEST EXAMPLES AND HOW TO COMPLETE

EPA New 12/17 Version 5 page E-Manifest Example Link:

https://www.epa.gov/sites/production/files/2018-05/documents/uniform_hazardous_waste_manifest.pdf

EPA New 12/17 Version 5 page E-Manifest Continuation Sheet Example Link:

https://www.epa.gov/sites/production/files/2018-05/documents/sample_uniform_hazardous_waste_manifest_continuation_sheet.pdf
 

EPA New 12/17 Version 5 page E-Manifest Completion Example Link:

https://www.epa.gov/sites/production/files/2018-05/documents/instructions_for_completing_the_uniform_hazardous_waste_manifest.pdf

Government Links to Topic of E-Manifest System

Question/Answer:
https://www.epa.gov/e-manifest/frequent-questions-about-e-manifest#system

More Question/ Answer:
https://www.epa.gov/e-manifest/frequent-questions-about-e-manifest

**Fee Schedule for the E-manifest system:
https://www.epa.gov/e-manifest/e-manifest-user-fees-and-payment-information

TSDF FACT SHEET:
https://www.epa.gov/sites/production/files/2018-05/documents/e-manifest_tsdf_fact_sheet_0.pdf

STATE FACT SHEET:
https://www.epa.gov/sites/production/files/2018-06/documents/emanifest_state_programs_fact_sheet_0.pdf

Do you have questions about using the system?
E-Manifest Help desk for Industry Users

• 8:00 am ET – 6:00 pm ET

• Toll Free: (833) 501-6826

• Direct Line: (970) 494-5508

• Email Helpdesk for Industry Users (helpdesk@epacdx.net)

E-Manifest Helpdesk for State Users

• Contact EPA Regional contacts

• Email Helpdesk for State Users (eManifest@epa.gov)

E-Manifest Helpdesk for State Users – Region contacts:

Contact Region 1: New England
Beth Deabay
deabay.beth@epa.gov
617-918-1343

Region 2: New York
Norman Rost
rost.norman@epa.gov
212-637-4049

Region 3: Mid-Atlantic
Evelyn Sorto
R3_emanifest@epa.gov
215-814-2123

Region 4: Southeast
Nancy McKee Perez
McKeePerez.Nancy@epa.gov
404-562-8674

Region 5: Great Lakes
Mike Cunningham
cunningham.michael@epa.gov
312-886-4464

Region 6: South Central
Melissa Smith
smith.melissa@epa.gov
214-665-7357

Region 7: Midwest
Mary Goetz
goetz.mary@epa.gov
913-551-7754

Region 8: Mountains & Plains
Nancy Morlock
morlock.nancy@epa.gov
303-312-6421

Region 9: Pacific Southwest and Hawaii
Cheryl Nelson
nelson.cheryl@epa.gov
415-972-3291

Region 10: Pacific Northwest and Alaska
Melissa Winters
winters.melissa@epa.gov
206-553-5180

Thank you,

ROBERT KEEGAN
PUBLISHER AND PRESIDENT
HAZARDOUS MATERIALS PUBLISHING COMPANY
TRANSPORTATION SKILLS PROGRAMS
rjkeegan@hazmat-tsp.com

CALIFORNIA’S GENERATOR IMPROVEMENT RULE

    There is a high profile adoption case going on right now in California. It could include all of the usual aspects, long drawn out court cases involving expensive lawyers with complex guardianship notifications and parental custody agreements. But, in the end if we can protect the small and the very small among us, in our community, it will be well worth the effort.

  The biggest difference is that in this adoption there will be no children involved. That is because, in this case, the California Department of Toxic Substances Control is “adopting” the Federal EPA, requirements in the Hazardous Waste Generator Improvement Rule,(GIR).

  That’s right we are talking about federal and state “lawyers”, battling for regulatory authority, and the possibility of lengthy “court cases”. Then, “legally changing the names” of “Conditionally Excepted Small Quantity Generators ” to “Very Small Quantity Generators”, not to mention the guardianship notifications and custody agreements for “very small” quantity generators, who might even be allowed to send their companies hazardous waste to a nearby Large Quantity Generator facility that their “parent” company also owns, to complete the waste’s disposal and management requirements.

  On May 30, 2017, the United States Environmental Protection Agency's US EPA Hazardous Waste Generator Improvement Rule (HWGIR) went into effect. Then, almost one year later on May 16, 2017, DTSC held a webinar (see below) to explain the states process of adopting it into California’s authorized state hazardous waste program.

   Over a year and a half ago, in an email, the EPA contact listed in the final rule, wrote us. He felt that most of the new rule was clarifications and interpretations, not changes to current state hazardous waste requirements in effect now. He went on to say that only about 7 or 8, out of about 60 provisions, will need to be added to most of the current state programs for their authorizations. Meaning, the remaining 50+ provisions are equally and less stringent than most current state programs.

MANDATORY PROVISIONS

   Some of the mandatory provisions which must a be adopted into the state’s program include, 1) a 4 year re-notification for small quantity generators, 2) New SQG and LQG container markings, with an “indication of the hazards” in both the Satellite and Central Accumulation Areas, 3) pre-transportation marking requirements for adding the waste codes on containers before they are sent off site and, 4) amendments to their regulations for clarifying acute and non-acute hazardous waste accumulation limits.

  California has also acknowledged that they will need to beef up their Preparedness, Prevention, and Emergency Procedures with requirements for generators to document the arrangements they have made, if any, with local authorities.

  That’s not all, DTSC’s large quantity generators will be required to prepare a quick emergency reference guide, that summarizes the large quantity generator's contingency plan. Then finally, there are new federal requirements for clean closure of on-site accumulation units, when no longer in use, which, must also be adopted in to California’s program before it can be approved.

NON-MANDATORY PROVISIONS

  And it may not stop there, DTSC may also adopt other provisions of the HWGIR, they consider to be optional, and are not required in their opinion, to be adopted to administer California's approved hazardous waste program.

  For example: the DTSC may adopt the federal definition “very small quantity generator” in place of “conditionally exempt small quantity generator“, and add new terms to distinguish the penalties and fines for non compliance under the “independent requirements” and “conditions for exemption” regulations. Another of the non-mandatory provisions California will hopefully adopt, could allow “very small quantity generators” to voluntarily send their hazardous waste to one of their large quantity generator facilities for management and disposal.

  However, I might have left the best optional provision being considered for last. Don’t hold your breath but, California might even adopt GIR requirements concerning episodic events. This provision would allow for both “planned” and “un-planned” episodic releases, allowing thousands of very small and small quantity generators to maintain their smaller generator status, regardless of the amounts of hazardous waste generated. This would of course only be authorized if they agreed to maintain documentation on the starting and ending episodic event dates, step up their marking and record keeping requirements and can make the proper notifications.

To be honest, I am really excited about the “planned” episodic release requirements, which at the federal level, allows more than one project to be considered one episodic event. (For example, expired inventory disposal, construction jobs, one time production runs or frankly, any other hazardous waste disposal projects), if all done within the proper time frame, would not only allow very small and small quantity generators to maintain there lesser generator classifications, but also could allow a few large quantity generators to coordinate, rearrange, or even re imagine how and when they dispose of their hazardous waste, possibly allowing them to drop down to very small or small quantity generator status.

CLICK HERE; For the DTSC’ California’s Generator Improvement Rule web page information

with the page numbers of where these new changes currently appear in our new 2017/2018 Hazardous Materials, Substances and Waste Compliance Guide, on sale now at www.hazmatpublishing.com .

  Then, if you have additional questions about the current Federal Generator Improvements Rule and the DTSC's regulation adoption activities, sign up for one of our upcoming California hazardous waste seminars at www.transportationskills.com or you can talk to the state by contacting David Miller at (916) 322-2712 or email gir@dtsc.ca.gov.

Thank for your relationship and support.

Robert J Keegan
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc