Common Hazardous Waste Generator Violations (and How to Avoid Them) Industrial Association of Contra Costa County Enforcement /Compliance Forum February 22, 2017 Ryan Miya, Ph.D. Sr. Environmental Scientist (510) 540-3775 Ryan.Miya@dtsc.ca.gov DEPARTMENT OF TOXIC SUBSTANCES CONTROL

Where we are going? ● Some common hazardous waste generator violations and how to stay in compliance. ● Information on new upcoming regulations (EPA’s new hazardous waste generator improvements rule).

Generates less than 1000 kg HW Small Quantity Generators (SQGs) Generates less than 1000 kg HW in a month OR Accumulates greater than 1000 kg and less than or equal to 6000 kg HW at any time, or less than 1 kg extremely HW.

Large Quantity Generators (LQGs) Generates greater than or equal to 1000 kg HW in a month OR Generates greater than 1 kg extremely HW in a month

Failure to Make a Hazardous Waste Determination ● Commonly missed waste streams include: absorbents, rags/wipes, waste gasoline, spent antifreeze, grinding dusts and blasting media, filters, paint-related wastes, old/overstock unused products, fluorescent lamps, paint cans, abandoned materials, discarded commercial chemical products, etc. ● Incomplete determinations ● Documentation of “Generator Knowledge” ● Must be made at the point of generation before any dilution, mixing or other alteration of the waste occurs. Is it a waste (discarded)? Is it excluded (is it not a waste)? Is it a listed hazardous waste (KFPU)? Is it a characteristic hazardous waste (ignitable, corrosive, reactive, toxic)?

How to Avoid HW Determination Violations ● Make a determination on ALL waste generated on-site (apply analytical methods or generator knowledge with documentation). ● Treat unknown material as a HW during the determination process (label, close, date, etc.). ● Keep necessary documentation for both hazardous and non-hazardous waste.

Failure to Perform / Adequately Document Facility Inspections ● Generators are required to perform a weekly inspection of hazardous waste container storage areas. ● TSDFs required to perform inspections of permitted units per frequency specified in the permit (often daily when in operation). ● In the absence of inspection documentation, facilities cannot adequately demonstrate regulatory compliance (no documentation or gaps; no schedule; missing items). SQGs.

How to Avoid Failure to Perform Facility Inspections ● Perform weekly inspections on the same day every week (not M or Fri). ● If required daily when in use, perform the inspections at the same time each day. ● Have a primary as well as a back-up inspector. ● Document inspections on an inspection log and keep for your records. ● Have a clear method to identify repairs needed and document when repairs / maintenance completed.

Training Plan Violations ● Missing or incomplete documentation of training records (or no training at all) ● Missing job titles ● Missing job descriptions including HW duties ● Missing written training descriptions ● Failure to train employees annually (or certain personnel not trained) ● Failure to document employee training completion ● Missing or inadequate Contingency Plan training ● No written description of training program

How to Avoid Training Plan Violations ● Implement an annual training refresher class in order to review existing requirements (Contingency Plan, HAZWOPER, etc.) as well as identify any new procedures. Employees must be adequately trained in order to respond effectively to emergencies. ● Keep training records (including power point presentations, class outlines, and sign-in sheets) organized and accessible. ● For LQGs, how long must training records be maintained for current employees as well as former employees after the employee leaves the business?

Open Container Violations Containers holding hazardous waste must be closed when not adding or removing waste.

How to Avoid Open Container Violations ● Rule of Thumb – if the contents would spill if the container was overturned, then the container is considered open ● Close and latch funnels; screw in bungs; use drum rings and tighten bolts ● Train employees to close containers when not adding or removing waste ● Self-inspect for open containers as a component of the weekly inspection logs

Storage Area / Container Labeling Violations ● Each label must be marked with the words “Hazardous Waste” with accumulation start date and include additional information (i.e. physical composition and state, hazardous properties, etc.). ● Appropriate accumulation start dates. Begins when first HW placed into container. (acc time fact sheet)

How to Avoid Storage Area / Container Labeling Violations ● Ensure all HW containers are marked “Hazardous Waste” with legible additional information during weekly inspections. ● Verify correct accumulation start dates during weekly inspections.

Manifest Violations ● Incorrect, invalid, or inactive generator ID number ● Failure to delete entire pre-printed information for waste not shipped ● Incorrect or incomplete container, total quantity, and/or unit weight information ● Waste codes incorrect or incomplete ● Failure to sign and/or date ● Incorrect or incomplete dates; past dates or future dates ● Failure to submit a legible copy ● Generator fails to submit an exception report to DTSC when a signed facility copy is not returned within 45 days

How to Avoid Manifest Violations ● Assign the task of maintaining and organizing manifest copies to someone who will accept the challenge and not view this as a routine assignment. ● Think of this task as a cost saving measure. The manifest is the basis for documenting proper shipment of hazardous waste. The manifest is the only way you can track your waste to the TSDF. ● Do not make hazardous waste manifest management an add-on to an employee’s workload, without first relieving the employee of other duties. ● All manifests need to be legibly printed or typed.

General Compliance Strategies ● Follow up on any inspection findings ASAP! ● Proactively schedule periodic internal reviews of HW compliance program. If any issues are discovered, correct them quickly (multi-day component of violations can add up fast). ● Conduct “clean sweeps” to find and get rid of old chemicals and/or wastes in a timely manner as well as identify any potential new waste stream(s).

The Hazardous Waste Generator Improvements Rule Analysis of the provisions and what they mean for you (not effective in California yet)

Goals of the Final Rule Reorganize the regulations to make them more user friendly and enable improved compliance Provide greater flexibility for hazardous waste generators to manage waste in a cost-effective manner Strengthen environmental protection by addressing identified gaps in the regulations Clarify certain components of the hazardous waste generator program to address ambiguities and foster improved compliance

Summary of Changes Consolidation of CESQG waste at LQGs Episodic generation Emergency planning and preparedness Labelling changes Reporting requirements Satellite accumulation areas Closure requirements (1) = CESQG to be renamed Very Small Quantity Generator (VSQG) = CESQGs and LQGs must be under the control of the same person / same company = Eliminates RCRA permit requirement for LQGs to accept CESQG’s waste (2) = Only allowed once a year (with the ability to petition for 2nd event) = Would not change current generator status = Notification requirements for planned (i.e., periodic maintenance) and unplanned events (i.e., spill) = Container labeling requirement for accumulation of episodic waste = Timeframe is 60 days from initiation to completion for an episodic event; 30 day extension possible (3) = Only applicable to LQGs and SQGs = Require generators to make arrangements with Local Emergency Planning Committees (LEPCs) or local Fire Departments = NEW LQGs to submit Executive Summary to LEPC rather than full Contingency Plans (expect all?) = Generators must document they have made the required arrangements. (4) = Marking containers identifying the hazards of the contents and the container contents in “plain English” = Applicable to SQGs, LQGs, and Transporters = Relevant for onsite satellite and central accumulation areas, transfer facilities consolidating waste from different generators = Required for tanks, drip pads and containment buildings (can be in logs or records kept nearby) (5) = Biennial reporting required only for LQGs = Reporting required for all hazardous waste generated in a calendar year, even when it is managed the next calendar year (6) = Limited exception for keeping containers closed at all times at SAAs (allow to remain open when necessary for safe operations) = Clarify the “three day” rule once full to mean three calendar days and not working days (7) = Require facility closure as a landfill when LQGs accumulating in containers fail to achieve clean closure = Notification required to EPA or authorized state no later than 30 days prior to closing an accumulation area and within 90 days after closure of unit or facility

State Adoption EPA Considers certain proposed provisions to be more stringent than current regulations More stringent regulations – all states will be required to adopt the final rule Less stringent regulations – states may but are not required to adopt federal regulations No final authorization on base State RCRA program Will be effective in California when California adopts the rule

Resources: Final Rule: https://www.epa.gov/hwgenerators/final-rule-hazardous-waste-generator-improvements USEPA Questions and Answers: https://www.epa.gov/hwgenerators/frequent-questions-about-hazardous-waste-generator-improvements-final-rule#state McCoy’s white paper: https://www.mccoyseminars.com/library/rcra/wp/Generator.pdf

Questions?