The Resource Conservation & Recovery Act (RCRA) Compliance & Enforcement

Transcription

1 The Resource Conservation & Recovery Act (RCRA) Compliance & Enforcement Presented By: Jeanna R. Henry Environmental Scientist Land & Chemicals Division EPA Region 3

2 Jeanna s Background Bachelor of Science Major: Environmental Health Minors: Chemistry & Biology Began as a RCRA Inspecr and Enforcement Officer w/ EPA Region 3 in 2000 Conducted/attended over 200 inspections Negotiated and Settled over 60 Administrative Penalty Orders In 2010, ok on additional role as a Remedial Project Manager in the RCRA Corrective Action Program Actively participate on HQ regulation development and training development workgroups 2/27/2013 US Environmental Protection Agency 2

3 Introduction This presentation will provide an overview for the following pics: General overview of RCRA. RCRA Generar Categories Types of Hazardous Waste Types of Universal Waste Proposed Regulation of Pharmaceutical Hazardous Waste RCRA Compliance Inspections Enforcement and the Cost of Non-Compliance 2/27/2013 US Environmental Protection Agency 3

4 The Resource Conservation & Recovery Act (aka RCRA ) Enacted in 1976 as an amendment the Solid Waste Disposal Act (SWDA) of RCRA has been amended several times, most significantly by the Hazardous and Solid Waste Amendments (HSWA) of RCRA has 4 Subtitles: Subtitle C (hazardous waste) Subtitle D (solid waste) Subtitle I (underground srage tanks) Subtitle J (medical waste) 2/27/2013 US Environmental Protection Agency 4

5 RCRA s Primary Goals: Protect human health & the environment from hazards posed by waste disposal; To conserve energy and natural resources through waste recycling and recovery; To reduce or eliminate the amount of waste generated, including hazardous waste; and, To ensure that wastes are managed in an environmentally safe manner. 2/27/2013 US Environmental Protection Agency 5

6 Managing Hazardous Waste Subtitle C Regulates HW from cradle-grave Procedures for the proper identification and classification of HW Standards for facilities that generate, transport, treat, sre or dispose of HW. 2/27/2013 US Environmental Protection Agency 6

7 RCRA Generar Status *Varies By State Hazardous Waste Determination Generar s Responsibility May use Generar Knowledge of the waste Analytical Testing (Characteristic Waste Only) CESQG* Generate less than 100 kg/month No accumulation limit up 1,000 kg SQG* Generate between 100-1,000 kg/month 180-day accumulation limit LQG* (most stringently regulated) Generate greater than 1,000 kg/month 90-day accumulation limit 2/27/2013 US Environmental Protection Agency 7

8 Characteristic Hazardous Waste (testing or generar knowledge) Flammable (D001) Flashpoint < 140 F Acenitrile Corrosive (D002) ph < 2 or > 12.5 Glacial acetic acid Sodium hydroxide Reactive (D003) Nitroglycerine Toxic (D004 D042) Arsenic Chloroform 2/27/2013 US Environmental Protection Agency 8

9 Listed Hazardous Waste F-Wastes Non-specific sources K-Wastes Specific sources P- & U-Wastes Unused, discarded commercial chemical products, offspecification species, container residues, and spill residues Example Pharmaceuticals epinephrine (P042) nicotine (P075) phenol (U188) uracil mustard (U237) 2/27/2013 US Environmental Protection Agency 9

10 Used Batteries SLABs NiCd RCRA Universal Waste Pesticides Mercury Containing Equipment Thermostats Used Lamps Fluorescent High Pressure Sodium Mercury Vapor 2/27/2013 US Environmental Protection Agency 10

11 Proposed Regulation of Pharmaceutical Hazardous Waste December 2008 Proposed Rule To Primarily Affect: Hospitals Pharmacies Long-term care facilities Reverse Distriburs of Pharmaceuticals Agency received significant comment (about 100) While most generally supported the rule, there were several concerns. U.S. Environmental Protection Agency 2/27/

12 Proposed Regulation of Pharmaceutical Hazardous Waste Commenters Concerns Included: Security due lack of notification and manifest requirements Lack of education and enforcement The status of reverse distribution facilities Confusion over point of waste generation Outdated CCP waste listings 2/27/2013 US Environmental Protection Agency 12

13 Proposed Regulation of Pharmaceutical Hazardous Waste Resource limitations and other priorities prevented progress during 2009 and 2010 Workgroup was reconvened and initiated meetings in July 2011 Many health care facilities are not in compliance with RCRA because they: Are not aware of the requirements; or Are having difficulty complying with regulations designed for industrial facilities 2/27/2013 US Environmental Protection Agency 13

14 Proposed Regulation of Pharmaceutical Hazardous Waste Rational for Rulemaking New rules will ensure that Hazardous Waste pharmaceuticals are properly managed: Regulations will be tailored health care facilities Education and outreach will be provided Next Steps EPA is moving forward with a new proposal for healthcare facility-specific regulations for the management of hazardous waste pharmaceuticals Will provide a regulary scheme address the unique issues that healthcare facilities face The new proposal is anticipated be published and available for public comment in August 2013 Contact: Lisa Lauer; lauer.lisa@epa.gov; /27/2013 US Environmental Protection Agency 14

15 National & Regional Initiatives Secr Based Inspection Targeting Foundries Mineral Processing Regulary Based New Regulations New Waste Risk Based Potential for releases Regional Initiatives Referrals/Tips State Public Hisry of Non- Compliance Risk Based TRI Invenry Geographical Chesapeake Bay Watershed 2/27/2013 US Environmental Protection Agency 15

16 Compliance Inspections Most common type of inspection Conducted by EPA or State If EPA is lead agency, will notify and invite state in advance Usually unannounced, exceptions include NEIC Process Based Inspections NEIC Multimedia Inspections Certain Programs (i.e., UST inspections) State inspection usually takes 1 day; EPA inspection can last between 1day and 2 weeks (normally 1-5 days). 2/27/2013 US Environmental Protection Agency 16

17 Conducting an Inspection Opening Conference Explain purpose of inspection and what expect. Tour Facility Entire facility and operations or specific areas. Records Review Program Specific Closing Conference Discuss findings of the inspection and next steps. 2/27/2013 US Environmental Protection Agency 17

18 After the Inspection Draft Inspection Report Documents inspecr s observations & statements made by facility representatives Additional Information Gathering Formal Information Request Letter (i.e., 3007, 9005) Informal Telephone 2/27/2013 US Environmental Protection Agency 18

19 Non-Compliance Determination Notice of Violation (NOV) Informal Covers relatively minor violations Administrative Penalty Order (APO) Formal Assessment of monetary penalty Facility identified as Significant Non-Complier (SNY) Examples Request Show Cause Complaint 2/27/2013 US Environmental Protection Agency 19

20 RCRA Civil Penalty Policy Gravity-Based Penalty Matrix Extent of Deviation Major Moderate Minor Major $37,500 $28,330 $21,250 $28,330 $21,250 $15,580 Potential for Harm Moderate $15,580 $11,330 Minor $4,250 $11,330 $7,090 $2,130 $7,090 $4,250 $710 $2,130 $710 $150 2/27/2013 US Environmental Protection Agency 20

21 RCRA Civil Penalty Policy Multi-Day Penalty Matrix Extent of Deviation Major Moderate Minor Major $7,090 $5,670 $4,250 $1,420 $1,070 $780 Potential For Harm Moderate $3,120 $570 $2,230 $360 $1,420 $220 Minor $850 $430 $150 $150 $150 2/27/2013 US Environmental Protection Agency 21

22 Cost of Non-Compliance Count 1: Undated, unlabeled containers of HW sred for greater than 90-days Moderate/Major = $12,250 Multi-day = 179 $600 per day Total Penalty = $119,650 Count 2: Open Containers of HW Minor/Minor = $500 2/27/2013 US Environmental Protection Agency 22

23 Cost of Non-Compliance Count 3: Failure Conduct Weekly Inspections Minor/Moderate = $1,933 Multi-day = 156 $165 per week = $25,740 Total Penalty = $27,673 2/27/2013 US Environmental Protection Agency 23

24 Cost of Non-Compliance Count 4: No Hazardous Waste Training Program Moderate/Moderate = $8,300 2 years of non-compliance ($8300 x 2) Total Penalty = $16,600 Count 5: Failure Maintain Hazardous Waste Training Records Minor/Major = $3,000 2/27/2013 US Environmental Protection Agency 24

25 Cost of Non-Compliance Count 6: Failure Make a Waste Determination Moderate/Major = $14,184 Count 7: Improper Management of Universal Waste Lamps Moderate/Major = $14,184 Total Proposed Penalty = $195,791 2/27/2013 US Environmental Protection Agency 25

26 Negotiation & Settlement Negotiation Meetings Discuss Violations and Associated Penalties Compliance Tasks Settlement Settlement Agreement Consent Agreement and Final Order Supplemental Environmental Project Civil Penalty Press Release 2/27/2013 US Environmental Protection Agency 26

27 Compliance Tips Know your facility s operations and the people responsible for those operations. Process operations Waste management Wastewater treatment Laboraries Know and understand the environmental regulations that apply your facility (i.e., CAA, CWA, RCRA). 2/27/2013 US Environmental Protection Agency 27

28 Compliance Tips (Cont.) Explain importance of compliance operars. Become familiar with your state regulars. Conduct internal or 3 rd party audits. If violations discovered, may be disclosed under EPA s Self- Disclosure Policy. Training, training and more training! Discover the wealth of information available from EPA. 2/27/2013 US Environmental Protection Agency 28

29 Questions? 2/27/2013 US Environmental Protection Agency 29