Hazardous%20Waste%20Management%20New%20England%20Marina%20Meeting%20March%2030,%202006

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Hazardous Waste Management New England Marina
MeetingMarch 30, 2006

• U.S. Environmental Protection
• Agency (EPA)
• Region 1 New England

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EPA Office of Compliance Sector Notebook Project
Where to look for Guidance

• Profile of the Water Transportation Industry,
  September 1997, EPA/310-R-97-003

Profile of the Shipbuilding and Repair
Industry, November 1997, EPA/310-R-97-008
Shipshape Shores and Waters- A Handbook for
Marina Operators and
Recreational Boaters, January 2003,
EPA-841-B-03-001 www.epa.gov/owow/nps/marinashdb
k2003.pdf
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RCRA Components
Subtitle C - Hazardous Waste Subtitle D -
Solid Waste Subtitle I Underground
Storage Tanks Subtitle C Cradle to Grave
Control of Hazardous Wastes
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RCRA Subtitle C Goals

• protect human health and environment from
  hazards posed by waste disposal,
• To ensure that wastes are managed in a manner
  that is protective of human health and the
  environment.
• To conserve energy and natural resources
• via waste recycling and recovery,
• To reduce or eliminate the amount of waste
  generated

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Statutory Definition of Solid Waste
.any garbage, refuse, sludge from a waste
treatment plant, water supply plant or air
pollution control facility, and other discarded
material, including solid, liquid, semisolid, or
contained gaseous material... SOLID
WASTE NEED NOT BE SOLID!
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Statutory Definition of Hazardous Waste
A solid waste, or a combination of solid wastes,
which because of its quantity, concentration, or
physical, chemical, or infectious characteristics
may 1) Cause, or significantly contribute to an
increase in mortality or an increase in serious
irreversible, or incapacitating reversible,
illness or 2) Pose a substantial present or
potential hazard to human health or the
environment when improperly treated, store
transported, or disposed of, or otherwise
managed.
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A Solid waste is hazardous if it

• Exhibits any of the characteristics of a
  hazardous waste
• Has been named as a hazardous waste and listed
  as such in the regulations
• Is a mixture containing a listed hazardous
  waste and a non-hazardous solid waste
• Is a waste derived from the treatment, storage,
  or disposal of a listed waste

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Characteristic Hazardous Wastes

• Ignitability
• Reactivity
• Corrosivity
• Toxicity (via TCLP)

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Three Lists of Hazardous Wastes

• Non-specific Source Wastes
• Specific Source Wastes
• Commercial Chemical Products

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IT IS YOUR RESPONSIBILITY !!

• As the Owner/Operator you must know all the
  waste streams you generate and which ones are
  Hazardous Wastes and, therefore, regulated.
• Do Hazardous Waste Determinations!!

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EPA/Federal State Regulations

• citation 40 CFR Parts 260-299
• authorized states and their regulations
• equivalent or more stringent than feds

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HAZARDOUS WASTE DETERMINATIONS

• Generators responsibility
• Process knowledge
• Analysis
• MSDS
• Expiration dates
• Variability of waste streams
• Cross contamination

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Waste Activity Notificationand Generator
Classification

• Large Quantity gt1000Kg (2200) ..LQG
• (1 Kg Acutely Toxic Wastes)
• Small Quantity 100-1000Kg (220-2200)..SQG
• Conditionally Exempt SQG lt100Kg (220)...CESQG
• Amount Generated Classification with
  accumulation limits.
• Volume and Time
• There are State Variations- see State
  Regulations

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• Depending on Your Classification, There Are
  Requirements for..
• Record keeping
• Housekeeping
• Accumulation Time Limits
• Emergency Preparedness Needs
• Employee Training

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Specific Container Management Requirements for

• Satellite vs. Non-Satellite Storage Areas

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MANAGEMENT REQUIREMENTS in CONTAINER
STORAGE AREAS

• Labeling
• Dating
• Compatibility
• Aisle space
• Open/Closed Containers
• Condition of containers
• Ignitable waste special requirements

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Satellite Storage..

• At or near point of generation
• Under the control of the operator of the
  process
• Less than 55-gallons of wastes total
• Labeled Hazardous Waste or other words to
  describe contents
• Keep containers closed, except when adding or
  removing

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(Depending on Classification) CONTAINER STORAGE
AREA INSPECTIONS

• The owner or operator must inspect areas where
  containers are stored, at least weekly, looking
  for leaks and for deterioration caused by
  corrosion or other factors.

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Manifesting Wastes Requirements

• Key to Cradle to Grave
• Management

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Land Disposal Restriction Notifications

• Protect human health environment
• Minimize reliance on land disposal
• Determine if wastes generated are restricted from
  land disposal.
• Determine the appropriate treatability group (if
  any) for restricted wastes.
• Determine if wastes meet treatment standards as
  generated.

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HAZARDOUS WASTE TRAINING

• Initial training
• Annual refresher training
• Documentation of training program and employee
  training records
• Relevant to job duties performed
• Training program led by qualified staff
• document Job titles and Job descriptions
• RCRA Training is not OSHA or Emergency Response
  training. RCRA Training develops understanding of
  appropriate hazardous waste management practices.

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PREPAREDNESS AND PREVENTION

• Facilities must be maintained and operated to
  minimize the possibility of a fire, explosion or
  release of hazardous waste or hazardous
  constituents.

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CONTINGENCY PLAN

• must be designed to minimize hazards to human
  health and the environment from fires,
  explosions, or release of hazardous waste or
  hazardous waste constituents.
• must be carried out immediately.
• describe detailed response actions
• provide for arrangements with locals
• designate Emergency Coordinator and alternates
• identify emergency equipment
• identify evacuation plans

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PREPAREDNESS AND PREVENTION

• Alarm system
• Communication devices
• Extinguishers
• Adequate water supply
• Adequate aisle space
• In-place arrangements with locals fire,
  police, hospitals

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UNIVERSAL WASTE

• Universal wastes are widely generated and widely
  recycled hazardous wastes. Management standards
  for these wastes are reduced to facilitate their
  recycling.

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Types of UNIVERSAL WASTE

• Batteries
• Mercury containing thermostats
• Hazardous waste lamps
• state specific UWs

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Universal Waste Requirements..

• Containerized
• Labeled to describe content
• Dating
• Training
• Record keeping

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RCRA Compliance Evaluation Inspection Outline

• Unannounced
• Most are multi-day
• Physical inspection of waste storage,
  generation points and processes, tour of
  operations and property

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Inspections - continued

• Opening Conference the inspector may ask
• How many employees and shifts
• What is your generator status
• For explanation of processes, description of
  wastes and where generated
• Where wastes are stored- satellite and 90/180
  day
• Inspector will explain how the physical
  inspection will proceed
• Inspector will request availability of documents
  for records review

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Inspections (continued)
Documents for Record Reviews includes but is not
limited to training documents, contingency
plans, shipping documents and LDRs, waste
determination documentation, inspection logs,
Biennial Reports, emergency preparedness
information, import/export documentation
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Inspections (continued)

• Close-Out Conference
• Ask for additional information.
• Review areas of concern from walk- through and
  record review.
• Explain potential follow up.
• Give facility representatives an opportunity to
  comment or ask questions.

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Post-Inspection

• Information Requests
• Possible Case Development Inspections
• Inspection Report
• Several months possible

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Common Marina Wastes

• Paint and paint related wastes
• Aerosol cans
• Chemical stripping wastes
• Abrasive stripping wastes
• Equipment cleaning wastes
• Machine Shop wastes
• Engine Repair wastes
• Waste Oils, gear and lube oils

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Common Marina Wastes

• Transmission fluid
• Waste fuel
• Welding wastes
• Fiberglass fabrication (solvents, resins,
  gelcoat wastes)
• Leftover raw materials/ Off-spec products
• Acids and alkalis
• Metal finishing wastes

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Common Marina Wastes

• Pb/acid batteries
• Bilge water/bilge sludges
• Engine test tank waters
• Parts washer waste
• Rags
• Adhesive wastes

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Common Marina Wastes

• Electronics wastes
• Pesticides and herbicides
• Compressed gas cylinders
• Filters- fuel, oil, paint booth
• Antifreeze (benzene)
• Dust collection system residues
• SEE LAST PAGE OF HANDOUT FOR MORE

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Common Areas of Observed Violations

• Hazardous Waste Determinations
• Main Hazardous Waste Accumulation Area and/or
  Satellite Accumulation Area Container
  Mismanagement
• Open Containers
• Aisle space
• Secondary Containment
• Unmarked/Unlabeled Containers
• Incompatible Storage
• No or Inadequate Land Disposal Restriction
  (LDR) Notices

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Common Areas of Observed Violations (continued)

• No or incomplete Hazardous Waste Manifests
• Inadequate Emergency Preparedness and
  Inadequate/Outdated Contingency Plan
• No or Inadequate Hazardous Waste Training
• No or inadequate In-house Inspections
• Storage gt 180 Days, gt90 Days w/o Permit

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HW Determination Violations

• What we find...
• Mischaracterized or uncharacterized wastes or
• Materials that are unused and pending disposal
  not characterized
• What we want...
• All wastes/materials characterized as soon as
  they are generated or when they are not going to
  be used

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HW Determination Violations (continued)

• Because...
• Certain wastes have adverse affect on human
  health and/or the environment - that's why
  they're regulated.
• THE PERSON WHO GENERATES THE WASTE IS
  RESPONSIBLE FOR KNOWING WHAT IT IS!!!

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Open Containers Violations

• What we find...
• Containers with no cover, no bung, or open
  funnel in bung
• What we want...
• All containers of hazardous waste closed unless
  materials are being added or removed
• Because...
• Materials can be easily spilled from an open
  container. Volatile materials may escape.

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Unmarked/Unlabeled Container Violations

• What we find...
• Hazardous waste containers that have missing
  information/no information or are not dated
• What we want...
• Containers with labels that say the words
  "Hazardous Waste" and a description of the waste
  and the date when the waste started to accumulate
  (and sometimes more).

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Unmarked/Unlabeled Containers (continued)

• Because...
• A properly labeled container assures that
  everyone, including workers and emergency
  responders, knows that there is a hazardous waste
  in the container and exactly what the waste is.
  Helps avoid mismanagement.

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Unmarked/Unlabeled Containers (continued)

• Has caused wastes to be commingled
• Results in no one knowing what the container
  holds, for example
• -person who knew has left the company
• -person who knows is on vacation when inspector
  arrives
• Can increase need for laboratory waste stream
  analysis for waste determinations

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Satellite Accumulation Violations

• What we find...
• Hazardous waste drums being stored far from the
  place where the wastes are generated
• ...not under anyone's control
• ...more than 55-gallons
• What we want...
• At or near the point of generation and under the
  control of the operator, no more than 55-gallons,
  and container meets management requirements

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Satellite Accumulation Violations (continued)

• Because
• We don't want people walking long distances with
  uncontrolled quantities of hazardous waste
• We want someone watching over these containers.
• We don't want a lot of material hanging around.

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Incompatible Waste Storage Violations

• What we find...
• Incompatible materials stored next to each
  other, or stacked on top on one another.
• What we want...
• Incompatible materials separated by a berm,
  dike, wall or other physical barrier.
• Because...
• KABOOM!!!

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Hazardous Waste Training Violations

• Common Issue!
• Annual training conducted once and lapses
• Training is not relevant to duties performed
• Documentation is not maintained
• No plan on who should be trained and what they
  should be trained on
• Job descriptions not available or

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Hazardous Waste Training Violations (continued)

• Available, but no longer applicable for
  employee - For example
• - personnel have rotated and job description
  no longer fits, or
• - job duties have changed and no longer match
  the job description
• Note A bad training program will lead to poor
  waste management!

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LDR Notices/Copies Violations

• What we find
• Notices not completed at all or incomplete
• Copies are not maintained or available at the
  facility
• What we want
• Copies of all fully completed notices
  maintained for 5 years.
• Because
• It is important that all parties that manage the
  hazardous waste know that it must be treated
  before disposal.

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Hazardous Waste Manifest Violations

• What we find
• Photocopies maintained in lieu of actual records
• Completed signed copy not maintained (most
  important manifest document!)
• What we want
• Copies of manifests maintained for 3 years.
• Copies of exception reports maintained.
• Because
• This is the cradle to grave tracking system that
  ensures that hazardous wastes safely reach a
  designated facility.

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Contingency Plan Violations

• What we find...
• No contingency plan
• Information in plan is old, incorrect telephone
  numbers or procedures and
• Copies not sent to the appropriate parties.
• People listed in the plan have left
• Local officials have not been sent copies of the
  plan
• Emergency equipment descriptions and locations
  are missing or outdated
• Plan does not address required incidents, for
  example
• - spills - explosions
• - fires - releases

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Contingency Plan Violations (continued)

• What we want...
• Name and telephone number of facility person in
  charge of emergency response (plus back-up)
• Telephone numbers of local authorities (e.g.,
  fire, hospital, police, DEP, NRC), response
  contractor
• Procedures on what to do in the case of a fire,
  flood, leak, spill, and for loading/unloading
  waste at your facility
• Lists, locations, and capability of emergency
  equipment
• have it readily available and send copies to all
  local authorities
• Evacuation plan and evacuation routes

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Contingency Plan Violations (continued)

• Because...
• It should be clear to all affected employees and
  anyone responding to an emergency what types of
  materials are at the facility, what to do, where
  to go, and who to call.

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Weekly/Daily Inspection Violations

• What we find
• No weekly/daily inspections/missed inspections
• Not all areas inspected
• Inspections/corrective actions not documented

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Weekly/Daily Inspection Violations (continued)

• What we want
• Inspections of satellite and main accumulation
  areas
• - weekly for containers
• - Daily for tanks
• Inspections of tanks- container management
  standards, leaking? or deterioration?
• Paper documentation for each area including
  comments and corrective actions taken
• Minimum for most states, except for MA
• (Its ok to document a problem.)

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Weekly/Daily Inspection Violations (continued)

• Because
• Its important to conduct a regular check to
  ensure that all management requirements are met
  and that no leaking or deterioration has occurred.

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Storage for Greater than 90 or 180-Days

• What we find
• Forgotten drums
• Non-compliant satellites
• Just didnt ship
• What we want
• Wastes regularly moved off-site in less than
  90- days or 180-days.
• Because
• We dont want large quantities of hazardous
  waste accumulating for long periods of time
  without additional precautions of a permit
  (i.e., closure plans and financial assurance).

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EPA Enforcement

• Goals of Enforcement
• Environmental Protection
• Correction of Violations
• Deterrence
• Fairness level playing field
• Punishment

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Enforcement Response

• Informal Actions
• NOVs
• No penalties associated
• List violations
• Schedules for Return to Compliance

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Enforcement Response

• Formal Administrative Orders
• Penalty Actions (32,500/day/violation)
• Require Corrective Actions
• Requires Return to Compliance
• SEPs

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Enforcement Response

• Civil Judicial Actions
• Referrals to DOJ
• Lawsuit in Federal District Court
• Can take several years to complete

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Enforcement Response

• Criminal Actions
• Knowing, willful, or negligent acts
• Fines, imprisonment for individuals

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Enforcement Response
RCRA cases can range from 10K to multi-million
dollars in penalties and require extensive
corrective measures
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• Questions
• Susann Nachmann 617-918-1871
• Richard Piligian 617-918-1757