Hazardous Waste Management
New England Marina Meeting
March 30, 2006
U.S. Environmental Protection
Agency (EPA)
Region 1 New England
1
Where to look for Guidance
EPA Office of Compliance Sector Notebook Project
“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/marinashdbk2003.pdf
2
RCRA Components
Subtitle C - Hazardous Waste
Subtitle D - Solid Waste
Subtitle I – Underground
Storage Tanks
Subtitle C – Cradle to Grave Control
of Hazardous
Wastes
3
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
4
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!
5
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.”
6
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
7
Characteristic Hazardous Wastes
 Ignitability
 Reactivity
 Corrosivity
 Toxicity (via TCLP)
8
Three Lists of Hazardous Wastes
 Non-specific Source Wastes
 Specific Source Wastes
 Commercial Chemical Products
9
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!!
10
EPA/Federal & State Regulations
 citation: 40 CFR Parts 260-299
 authorized states and their regulations
[equivalent or more stringent than feds]
11
HAZARDOUS WASTE DETERMINATIONS
 Generator’s responsibility
 Process knowledge
 Analysis
 MSDS
 Expiration dates
 Variability of waste streams
 Cross contamination
12
Waste Activity Notification
and Generator Classification
 Large Quantity >1000Kg (2200#) ……………..…LQG
(1 Kg Acutely Toxic Wastes)
 Small Quantity 100-1000Kg (220-2200#)………..SQG
 Conditionally Exempt SQG <100Kg (220#)…...CESQG
Amount Generated =Classification with accumulation limits.
[Volume and Time]
[There are State Variations- see State Regulations]
13
Depending on Your Classification, There Are
Requirements for…..
 Record keeping
 Housekeeping
 Accumulation Time Limits
 Emergency Preparedness Needs
 Employee Training
14
Specific Container Management
Requirements for ……
Satellite vs. Non-Satellite
Storage Areas
15
MANAGEMENT REQUIREMENTS in
CONTAINER STORAGE AREAS
 Labeling
 Dating
 Compatibility
 Aisle space
 Open/Closed Containers
 Condition of containers
 Ignitable waste special requirements
16
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
17
(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.
18
Manifesting Wastes
Requirements
Key to Cradle to Grave
Management
19
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.
20
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.
21
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.
22
CONTINGENCY PLAN
o must be designed to minimize hazards to human health
o
o
o
o
o
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
o identify evacuation plans
23
PREPAREDNESS AND PREVENTION
 Alarm system
 Communication devices
 Extinguishers
 Adequate water supply
 Adequate aisle space
 In-place arrangements with locals [fire,
police, hospitals]
24
UNIVERSAL WASTE
Universal wastes are widely generated and
widely recycled hazardous wastes.
Management standards for these wastes are
reduced to facilitate their recycling.
25
Types of UNIVERSAL WASTE
 Batteries
 Mercury containing thermostats
 Hazardous waste lamps
 state specific UWs
26
Universal Waste Requirements..
 Containerized
 Labeled to describe content
 Dating
 Training
 Record keeping
27
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
29
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 walkthrough 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
33
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
34
Common Marina Wastes
Pb/acid batteries
Bilge water/bilge sludges
Engine test tank waters
Parts washer waste
Rags
Adhesive wastes
35
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
37
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 > 180 Days, >90 Days w/o
Permit
38
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
39
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!!!
40
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.
41
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).
42
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.
43
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
44
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 55gallons, and container meets management
requirements
45
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.
46
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…
48
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!
49
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.
50
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.
51
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
- fires
- explosions
- releases
52
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
53
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.
54
Weekly/Daily Inspection Violations
What we find…
 No weekly/daily inspections/missed
inspections
 Not all areas inspected
 Inspections/corrective actions not
documented
55
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
****(It’s ok to document a problem.)
56
Weekly/Daily Inspection Violations
(continued)
Because…
It’s important to conduct a regular check to
ensure that all management requirements are
met and that no leaking or deterioration has
occurred.
57
Storage for Greater than 90 or
180-Days
What we find…
 Forgotten drums
 Non-compliant satellites
Just didn’t ship
What we want…
 Wastes regularly moved off-site in less than 90days or 180-days.
Because…
 We don’t 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
59
Enforcement Response
Informal Actions
NOVs
 No penalties associated
 List violations
 Schedules for Return to
Compliance
60
Enforcement Response
Formal Administrative Orders

Penalty Actions
($32,500/day/violation)

Require Corrective Actions

Requires Return to
Compliance

SEPs
61
Enforcement Response
Civil Judicial Actions

Referrals to DOJ

Lawsuit in Federal District
Court

Can take several years to
complete
62
Enforcement Response
Criminal Actions
 Knowing, willful, or
negligent acts
 Fines, imprisonment for
individuals
63
Enforcement Response
RCRA cases can range from
$10K to multi-million dollars
in penalties and require
extensive corrective
measures
64
Questions:
Susann Nachmann 617-918-1871
Richard Piligian
617-918-1757
65