2 What we do… Emergency Response Hazardous and Industrial Waste Disposal RemediationSampling and Waste DeterminationFacility Audits and other Customized Servicesg Services / Customized reports / What do you need?
4 EPA Encourages Voluntary Self-Audits “Protocol for Conducting Environmental Compliance Audits for Hazardous Waste Generators under RCRA”
5 Pre-Audit Continuously maintain records Employee Training Certificates.Disposal documents.Biennial/annual reporting.Follow-up to Notice-of-violation (NOV).Spill reporting.
6 Pre – Audit (cont’d) Organization starts at the beginning! Document employee training.Document deficiencies.Correct deficiencies immediately.
7 General Aspects of an Audit Record KeepingInspection logsFacilities (physical)Temporary StorageOff-Site StoragePermits
8 Benefits of an Self-Audit Voluntary audit programs play an important role in helping companies meet their obligation to comply with environmental requirements.Environmental audits may identify pollution prevention opportunities that can substantially reduce an organization’s operating costs.Environmental audits can also serve as a diagnostic tool in evaluating a facility’s overall environmental management system.Generator Status
9 Audit Identify Deficiencies Exceptions Correct Action Group Exceptions (Common Causes)Improved Develop Corrective Examine forEMS Action Common Causes
10 Ultimate Goal: Facility Compliance Improved EMS Reduction of generator status
11 Types of Records to Review: Notification of Hazardous Waste Activity (EPA ID No.);Hazardous waste manifests;Manifest exception reports;Biennial reports (LQG’s only);Inspection logs;Land disposal restriction certifications;Employee training documentation;Hazardous substance spill control and contingency plan;Safety Data Sheets (SDSs);Inventory records;Hazardous Communication Plan (HAZCOM);Chemical Hygiene Plan (labs); andSpill records.
12 RCRA Facilities (physical) Hazardous waste generations sites (e.g., production andmanufacturing areas);Waste storage areas;Satellite accumulation points;Vehicles used for transport;Container storage areas;Generation points;Shipping and receiving areas.
13 continued…. Label all tanks/drums (even if empty). Perform routine facility inspections.Fire Suppression – adequate?Fire Suppression – Inspection?Contingency Plan – Updated?Security.
14 Documentation Starts at the beginning EPA ID number Generator address Shipping descriptionSignaturesMaintain Label integrity
15 Documents You Should Keep ManifestsLDR’sCertificate of DisposalBill-of-LadenWaste characterization (profiles/analytical)SQG’s/LQG’s – record keeping ( 3 years) (40 CFR (c)).Employee training certificates
16 RECORD KEEPINGFind out what your company record keeping requirements are:Develop/implement a program that meets company needs and OSHA & RCRA requirements.Employee Training Certificates.
18 STORING HAZARDOUS WASTE: Reactives must be segregated from ignitables.Acids must be segregated from caustics.Corrosives should be segregated from flammables.Oxidizers should be segregated from EVERYTHING.Organic reactives must be segregated from inorganic reactives (metals).
20 Definitions:RCRA hazardous waste regulations classify generators of hazardous waste into three categories based on the quantity generated, as follows:Conditionally exempt small quantity generators (CESQGs) generate no more than 100 kilograms (220 pounds) of hazardous waste in a calendar month.Small quantity generators (SQGs) generate between 100 kilograms (220 pounds) and 1,000 kilograms (2,200 pounds) of hazardous waste in a calendar month.Large quantity generators (LQGs) generate more than 1,000 kilograms (2,200 pounds) of hazardous waste in a calendar month.
21 “CESQG facilities are not required to use manifests, but are required to ensure delivery of the hazardous waste to a permitted hazardous waste treatment or disposal facility or to a facility that reuses, recycles, or reclaims the hazardous waste (40 CFR 261.5(g)(3)).
22 “CESQG facilities should maintain receipts from hazardous waste contractors that list the EPA or state identification numbers of the transporter and the facility to which the waste is to be taken.”The time period of (d) for accumulation of wastes on-site begins when the accumulated wastes equals or exceeds 1 kilogram of acute or 1000 kilograms hazardous waste.
23 continued……“SQG and LQG facilities must consign with hazardous waste transporters and hazardous waste management facilities that have EPA identification numbers (40 CFR (c)).”
24 SQG Exception Reporting (40 CFR 262.42) Exception Reporting is part of the RCRA tracking system.After waste has been transported off-site for disposal, the TSDF is required to return a copy of the original manifest within 45 days from the date the initial transporter accepted the waste. An Exception Report, must be filed with the EPA/State, if the SQG has not received a copy of the manifest within 60 days (40 CFR ).
25 LQG Exception Reporting (40 CFR 262.42) The Exception Reporting requirements for LQGs are a little different.If the LQG does not receive a copy of the manifest within 35 days of the date that the waste was accepted by the original transporter, you must contact the transporter and TSDF to determine the status of the waste. If a copy of the manifest has not been received within 45 days, then you must submit the Exception Report to the EPA/State as described in 40 CFR
26 There is no special form for the Exception Report There is no special form for the Exception Report. You can write directly on a copy of the manifest or attach a separate sheet of paper (handwritten or typed). Must include:A legible copy of the manifest in question.A statement explaining the efforts taken to locate the hazardous waste.Your signature.
27 Exception Reporting for LQG’s (cont’d) LQG’s must retain copies of the Exception Reports for the purpose of biennial reporting.Periods of retention for reports may be extended automatically during the course of any unresolved enforcement action…a.k.a. NOV.Some states are more stringent and require annual reports prior to March 1 for the previous year (40 CFR ).
28 Audit Identify Deficiencies Exceptions Correct Action Group Exceptions (Common Causes)Improved Develop Corrective Examine forEMS Action Common Causes
29 Stay Organized Designate a file cabinet for manifests: File by name of product, purchaseorder, or by manifest number etc…..“SQGs and LQGs must retain copies of hazardous waste manifests for at least three years from the date the waste was accepted by the initial transporter, or until the generator receives a signed copy from the designated facility that received the waste.”“This signed copy must be retained for at least three years from the date the waste was accepted by the initial transporter (40 CFR (a)).”Organization and employee knowledge is the key to success.
31 CESQG, SQG and LQG’sVerify that the facility has not exceeded the respective quantities (100Kg/1,000Kg/>1,000Kg) of hazardous waste.and < 1Kg of acute hazardous waste for CESQG’s and SQG’s.Determine if any prior Notice-of-Violation(s) are unresolved.
32 Reliable TransporterTransporters of hazardous waste must have a EPA ID number.Interview HAZMAT transporters.Do transporters meets companyinsurance requirements?Verify transporters retain signed manifest records (3 years minimum)What is there safety record?
33 Training Documentation: Why?Part of the audit – records reviewWhat?Hazardous waste managementprocedures relevant to positions in which they are employed.When?Within six months and annually thereafter (RCRA).Prior to working at a TSDF and annual 8-hr refresher training thereafter (OSHA).
34 Training Requirements for TSDF’s RCRA vs. OSHAAreas of Overlap40 CFR 264/26540 CFRLQG’sRCRAOSHAOverlap
35 RCRA (40 CFR 264/265) OSHA (40 CFR 1910.120) Comment Train waste management personnelComplete classroom or OJT;Train personnel to respond to emergencies.Personnel who are exposed to health/hazardous substances at TSD facilities must complete a 24 hour training program – to safely perform assigned duties.OSHA meets or exceeds RCRA. However, non-exposed employees are not required to meet 40 CFRTraining program must be directed by a person trained in hazardous waste management.Instructors have completed training courses for teaching relative subject matter or; have the academic credentials/experience to demonstrate competent instructional skills.OSHA meets or exceeds RCRA.Training records are to be maintained for a minimum of 3 years at the facility from the last date worked.Training records should be maintained for a minimum of 5 years after participation in a training program.OSHA requirement less restrictive.Complete training within 6 months for their assignment at the facility.Initial training should be provided prior to beginning work.OSHA requirement more restrictive than RCRA.Facility personnel must take part in an annual review of the training program.Refresher training is required annually. OSHA specifies 8-hr training.OSHA requirement is more stringent.
36 Other Things To Remember: SQG – “The 180 day time period is extended to 270 days if the waste must be transported more than 200 miles to a TSDF. This extension does not apply if a TSDF is available within 200 miles and the facility chooses to transport the waste to a more distant TSDF.” (40 CFR )SQG’s and LQG’s are required to keep records of waste analyses, tests, and waste determinations (40 CFR (c) for at least three years.
37 continued……SQG’s and LQG’s are required to have an emergency coordinator at the site or on call at ALL times. (40 CFR )“TSDF owner and operator must keep original, signed copies of all manifests for inspection purposes. All records and plans must be availablefor inspection.”
38 Reporting – Biennial/Annual Biennial reports for TSDF’s must be submitted prior to March 1 of even numbered years to the Regional Administrator (40 CFR ).Primary exporters (shipped outside the US) must submit annual reports to the Regional Administrator, prior to March 1 of every year (40 CFR ).
39 Summary Continuously maintain documents Provide annual training to employeesPerform and document facility inspectionsStay organizedMaintain documents for a minimum of 3 yearsReport Exceptions when necessaryKnow training and record keeping requirements – OSHA vs. RCRA