COMMANDER “Slash” COORDINATOR

COMMANDER /COORDINATOR

There is a funny scene in the movie Zoolander, when an overjoyed Fábio thanks the award show audience for the best Actor “Slash” Model Award and not the other way around. It reminds me of differences between an “On-Scene Commander “Slash” Emergency Coordinator”

THE OCCUPATIONAL HEALTH 
AND SAFETY ADMINISTRATION (OSHA) 
29 CFR 1910.120
 HAZARDOUS SUBSTANCE
ON-SCENE COMMANDER

OSHA On-scene incident commanders are required by employers to protect Hazmat teams from exposure during unintentional hazardous substance releases under 29 CFR 1910.120 Hazardous waste operations and emergency response.

Worker Protection

OSHA On-scene incident commanders protect workers and assume control of a hazardous substance release or an incident scene. They must understand and be able to implement the employer's Emergency Response Plan and their Incident Command System (ICS). They must know how to implement the Local and State Emergency Response Plans. In addition they need to understand the hazards and the risks associated with employees working in chemical protective clothing and understand the importance of decontamination procedures.

THE ENVIRONMENTAL PROTECTION AGENCY
(EPA) 40 CFR  Part 262 
HAZARDOUS WASTE 
EMERGENCY COORDINATOR

EPA Emergency coordinators are required to protect the environment in and around Large Quantity Hazardous Waste Generator Facilities (LQG), 40 CFR 262.264 during emergencies involving their hazardous waste.  

Environmental Protection

EPA’s 40 CFR 262.264 requires that Large Quantity Hazardous Waste Generators (LQG), have Emergency Coordinators on site or on call to respond in a short period of time to hazardous waste emergencies to protect the environment, by coordinating and implementing the LQG’s Contingency Plan. Emergency coordinators must be thoroughly familiar with all aspects of the generator's hazardous waste contingency plan, all hazardous waste operations and activities at the facility, the location and characteristics of all hazardous waste handled, the location of all relevant records within the facility, and the facility's layout. In addition, this person must have the authority to commit the resources needed to carry out the employer's written LQG hazardous waste contingency plan.

If these both sound similar or almost the same you’re probably starting to get it. But they aren't. OSHA will not ask about your emergency coordinators, nor will EPA ask about your on-scene commanders, unless they are the same person. 

DOWNLOAD THE EPA/DOT/OSHA ONE PLAN
HERE

Many years ago I modeled for my father, as disturbing as that may sound, in the early hazardous materials seminar training programs he photographed, produced and presented. My brothers and I were used as actors “slash” models to portray the drivers and dock personnel, passing shipping papers and placards. But don't worry, I am not holding out for any peer recognition, even if there is a Zoolander III.

Get it right, now! Sign up for new Hazmat Rob’s Newsletter with the free “DOT / EPA / OSHA Regulatory Update Service” and Rob’s blog with our subscribe button to the right.

Robert J. Keegan

Publisher and President

Hazardous Materials Publishing Company

Transportation Skills Programs Inc.

hazmat.tsp@gmail.com

Dumpster Fire

IS YOUR SOLID WASTE HAZARDOUS

There is no requirement under the 40 CFR Environmental Protection Agency Regulations to test any unwanted material that is Listed or to insure that it is Ignitable, Corrosive, Reactive or Toxic hazardous waste. The requirement is to properly identify, manage and disposed certain solid wastes as hazardous waste

“The hazardous waste determination for each solid waste must be made at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs,” 40 CFR 262.11(a)

Listed Hazardous Waste

It’s listed, in 40 CFR, Sections 261.31 through 261.33 , that’s the point, it’s listed for a reason. These are a select group of used solvents, processes that tend to generate questionable wastes and discarded or unusable pure chemicals that are, (with the exception of F003), always hazardous waste as F-coded, K-coded, P-coded and U-coded respectively. Once your waste is listed there’s really no reason to test it, unless you’re going for an exclusion.

Because, if the solid waste is listed, but does not meet a hazardous waste characteristic a person may file a petition for delisting in Section 260.22 by demonstrating to the Administrator that the waste from this particular site or operation is not hazardous. 

So for listed waste in 261.31 through 261.33, EPA in 40 CFR 262.11 requires that hazardous waste determination and record-keeping at the very least, must include the solid waste’s origin, composition, process, feedstocks, and any other reliable and relevant information. 

Characteristic Hazardous Waste 

For characteristic D-coded hazardous waste the generators may apply the materials, constituents, their uses and the processes used to generate waste. In that, the identification of hazardous waste in 40 CFR 261.21 for ignitable, 261.22 for corrosive and 262.23 reactivity and 261.24 toxicity, can include process knowledge, feedstocks and other inputs to the production process, knowledge of products, by-products, intermediates produced during the manufacturing, chemical or physical characterization and other properties of the waste.

However, if the generator’s knowledge is inadequate to make a proper determination for characteristic waste, the person must test the waste according to the Subpart C of 40 CFR Part 261 Characteristics of Hazardous Waste in Sections 261.21 ignitable, 261.22, corrosive, 261.23 reactivity and 261.24 toxic.

Even very Small Quantity Generators (VSQG) under 40 CFR 262.14  are required to identify and record their solid waste as hazardous under the 40 CFR 262.10(a)(1)(i) Independent requirements to ensure proper generator status compliance.

So, yeah generators can use generator waste knowledge to identify your solid waste as hazardous waste. However, If you’re asking me if you can use generator waste knowledge to identify your solid waste as non-hazardous?  Again sure, but now if you’re wrong, in other words your waste determination is not correct, for every container, you're in violation.

The brand new 2021/2022 Hazardous Materials, Substances and Wastes Compliance Guide is now available for shipping and included in your training kit at The Live Zoom Hazardous Materials, Substances and Waste Compliance Seminar. 

Looking forward to seeing you soon.

Thank you for your support.

Be safe.

Robert J. Keegan

Publisher and President 

Hazardous Materials Publishing Company

Transportation Skills Programs

Hazmat.tsp@gmail.com

What’s So Special About September 1st?

What’s So Special About September 1st?

That, in 1914 the last known passenger pigeon, a female named Martha, died in captivity at the Cincinnati Zoo, that in 1939 Germany invaded Poland, starting World War II and that in 1972 American Bobby Fischer beat Russian Boris Spassky in Reykjavík, Iceland to become the world chess champion? 

Probably, but for Small Quantity Generators (SQGs), September 1st 2021 is special because of the re-notification requirements prominently mentioned in Lisa's recent flash. Thank you for the responses. Below, we have two of the questions we received, a pun and our (disclaimer) interpretations.

Question 1:  Do existing SQG have to refile this form by Sept 1st this year, or in 4 years?  

YES, Small Quantity Generators (SQGs) must re-notify by reviewing and updating their information by September 1st and then every four (4) years (starting in 2021).

Here is the link to the instructions and forms: RCRA Subtitle C Reporting Instructions and Forms 

Question 2: if we generate three 55 gallon drums of Hazardous waste a year totaling 1376 lbs., could we be a VSQG because 1376 / 12 months is 115 lbs. a month, which is less than 220 lbs.?

YES, you can be a Very Small Quantity Generator VSQG, according to 40 CFR 262.14, if you generate less than 100 kg (220 pounds) per month. However, you can not average it over the 12 months. You would have to make sure each month there was less than 220 pounds. 

But, if you would go over 220 pounds, up to twice a year you could take an episodic event exception and maintain your VSQG, or even Small Quantity Generator SQG, status using planned and unplanned episodic events as defined in 262.231. As described in 262.232, this allows a VSQG to generate over 220 pounds of hazardous waste for approximately two months. This could be used in the case of recalled material, off-spec inventory, unexpected large waste accumulation because of maintenance or higher capacity production runs. This would trigger the requirement for VSQG to apply for an EPA hazardous waste number.  Which is a “very small” price to pay! 

The second avenue of relief that should be considered by all generators when authorized, universal waste in Part 273 Standards for Universal Waste Management for batteries, pesticides, mercury containing equipment, lamps and aerosol cans. 

Utilize these strategies so that your hazardous waste doesn’t count as hazardous waste.

Please remember that we are here to assist you, do not hesitate to contact us and we will do our best to give you an answer or direct you to where the answer can be found. This information and more can be found in our New 2021/2022 Hazardous Materials, Substances and Wastes Compliance Guide or better yet, discuss it further with me at one of my Transportation Skills Programs training seminars.

 As always thank you for your patronage,

 Robert J. Keegan
Publisher and President
Hazardous Materials Publishing Co.
Transportation Skills Programs 
www.hazmat.tsp@gmail.com           
Phone 610-683-6721

Crazy 8's

EMERGENCY RESPONSE HAZMAT TEAMS 

DO NOT NEED 8 HOURS OF ANNUAL TRAINING

The Occupational Health and Safety Administration’s 1910.120 Hazwoper Emergency Response Hazmat Team Training Regulation is the first and most misunderstood training requirement I have encountered. So, let’s cut to the chase, annual training yes, but 8 hours of it, not necessarily unless they work at Uncontrolled Hazardous Waste Sites under 1910.120 (b) though (o) or a RCRA Permitted Treatment, Storage Disposal Facilities (TSDF), under 1910.120(p). It all can be found in the March 6, 1989 final rule in the Federal register starting on page 9309.

The 1910.120(q) Emergency response requirements cover emergency response situations that occur at locations other than Uncontrolled Hazardous Waste Sites and RCRA TSDFs. The typical site covered by 1910.120(q), would be a transportation accident where hazardous substances are being or have the potential for being released into the environment, or chemical storage and manufacturing facility releases such that occurred in Bhopal India and Institute, West Virginia.

These emergency responses are the types of accidents that would usually include first responders (i.e.plant workers, police, employees on a train), HAZMAT teams, State Fire Marshals, Coast Guard or Federal E.P.A, the National Response Teams and the clean-up crews who are initial response employees of the site owner that clean-up the release. Employees of outside clean-up contractors would be covered by uncontrolled hazardous waste site requirements in paragraphs (b) through (o), as post emergency response clean-ups, require different levels of training and protective equipment than Hazmat teams in paragraph (q).

Post-emergency responses can be performed by two basic groups of employees: on site employees, or employees from off of the site. Post- emergency clean-up begins when the individual in charge of the initial emergency response declares the site is under control and ready for clean-up. According to paragraph (q)(11) Post emergency response, (which would include the 40 hours of initial training and an 8 hour update annually), would apply to those employees who come from other employers' sites, located off-of-the-site to perform the post-emergency clean-up. Employees of the employer at the site where the release occurred, and who perform post emergency clean-up, are considered to be part of the initial emergency response.

The difference is that employees at the site are familiar with the types of emergencies that may occur and the types of clean-up operations that may have to take place. The potential for unknown exposure to employees can occur when outside contractors or other off-site employees are brought into an unfamiliar environment and are expected to clean- up the residue from a release.

The 1910.120(q) training requirement is clear under subparagraph (8), that Hazmat Team employees who are trained in accordance with paragraph (q)(6) only require “annual refresher training of sufficient content and duration to maintain their competencies, or shall demonstrate competency in those areas at least yearly”.

The reason I started training was because of Hazwoper and the misunderstanding that most companies had because they refused to actually read it. This was back when I was still Dad’s seminar driver and in charge of the coffee breaks. When during an in house seminar an attendee asked me about it as he was having trouble moving forward under their multiple consultant’s different interpretations. Sometimes it’s best to ask the stupidest person in the room a question as they are the ones that actually have to look it up (which is a whole other blog).

Many companies relied on trainer  “recommendations” to meet their training requirements, which is their first mistake. Surgeons don’t make money on physical therapy, they make money on surgeries.

 So, unless your state has proposed, adopted and published a more stringent training requirements than the feds, focus your Hazmat Teams annual refresher emergency response training under paragraph (q) on their competency and not your wristwatch.

Be Safe!

Robert J Keegan
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc.
Hazmat.tsp@gmail.com

DON’T BE MIS-LEAD

WHY LEAD IS AND IS NOT
A HAZARDOUS MATERIAL

When is Lead regulated as a Hazardous Material?

To find out, check the Department of Transportation 49 CFR 172.101 Hazardous Materials Table, for pure “Lead” and not, for example; “Lead dross” which is listed as Class 8 corrosive. Since pure Lead is not listed in the 172.101 Hazardous Materials Table, then check Appendix A to 172.101, The Hazardous Substance and Reportable Quantities List, in which Lead with a ¢ is listed with a 10 lb “RQ”. (note; the ¢ means the RQ for these hazardous substances is limited to those pieces of the metal having a diameter smaller than 100 micrometers, or 0.004 \ inches). 

Then reference the definition in 171.8 for Hazardous substance, which means a material, including mixtures and solutions, that is listed in the appendix A to §172.101 of this subchapter and is in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in the appendix A to 172.101.

If it is regulated as a “RQ” Hazardous Substance

Ship as “RQ, UN 3077, Environmentally Hazardous Substance, Solid, N.O.S, 9, PG III, (Lead)”, because 172.203(c) Hazardous Substances states that if the proper shipping name for a material that is a hazardous substance does not identify the hazardous substance by name, the name of the hazardous substance or waste code must be entered in parentheses in association with the basic description. If the material contains two or more hazardous substances, at least two hazardous substances or waste codes, with the lowest reportable quantities (RQs), must be identified and the letters “RQ” must be entered on the shipping paper either before or after the basic description. For example: “RQ, UN 3077, Environmentally hazardous substances, solid, n.o.s., 9, III, (Adipic acid)”.

In Conclusion

The question to ask yourself when shipping pure Lead would be whether or not each container contained over 10 pounds of Lead particles less than 100 micrometers or 0.004 \ inches. If not, then it would not be considered a 49 CFR hazardous substance (ie; hazardous material).

This is why you can’t trust OSHA Safety Data Sheets (SDS), they are not for shipping materials they are for protecting workers, (see transportation information in the links in title). If you are not sure of when your chemical is a hazardous material, substance or waste under DOT, EPA or OSHA email me or better yet, sign up for our next seminar now!

Robert J Keegan
Publisher and President 
Hazardous Materials Publishing Company 
Transportation Skills Programs 
hazmat.tsp@gmail.com