A Connecticut door hardware manufacturer has agreed to pay almost $40,000 to settle with EPA over hazardous waste violations.
The company is accused of violating state hazardous waste laws as well as the federal Resource Conservation and Recovery Act (RCRA). After a 2011 facility inspection EPA found that the company violated RCRA by failing to:
- Have an adequate hazardous waste training program;
- Close containers of hazardous waste;
- Maintain adequate aisle space between containers of hazardous waste;
- Mark containers with the date that accumulation of hazardous waste began;
- Update and submit a revised contingency plan to local authorities; and
- Generally manage hazardous waste in accordance with the requirements.
According to EPA, the company’s failure to have an adequate hazardous waste training program increased the likelihood that wastes generated may not be properly managed and that personnel may not be able to adequately coordinate all emergency response measures in the event of emergency.
By the way — after the inspection, EPA said the company brought its facility into compliance with state and federal waste management laws.
Deliver fast and effective Environmental, DOT, and OSHA training with Environmental Training Library. Try it at no cost or risk. For a limited time, also receive a free special report. Download Your Free Report
So, What Is an ‘Adequate’ Training Program for Emergency Response?
EPA specifies the training for personnel of hazardous waste large quantity generators (LQGs) and hazardous waste treatment, storage, and disposal facilities (TSDFs) under regulations 40 CFR 264.16, 40 CFR 265.16 and 40 CFR 262.34 (a)(4). That RCRA hazardous waste training must be designed, at a minimum, to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems.
But, to be adequately trained, TSDFs and LQGs must also have a written contingency plan and a preparedness and prevention plan that specify procedures for responding to an emergency. A contingency plan is a document required by RCRA that sets out how the facility will respond to an emergency at their facility. The plan must be in writing and must identify who will be in charge of implementation in the event of an emergency. The plan (and all revisions) must be sent to certain local emergency responders. The plan must be revised when certain changes occur, such as when the list of emergency coordinators or emergency equipment changes.
The preparedness and prevention plan details what response equipment and personnel will be available in the event of a fire, explosion, or release. A preparedness and prevention plan establishes procedures to minimize the possibility of a fire, explosion, or any release of hazardous waste that could threaten human health or the environment by requiring the facility to:
- Maintain the following required equipment: internal alarm system, telephone or two-way radio to call emergency authorities, fire extinguishers and other fire control equipment (foam, dry chemicals, etc.), spill control equipment, decontamination equipment, and adequate volume and pressure of water at the facility.
- Regularly test and maintain equipment to ensure proper operation in time of emergency.
- Ensure access to internal alarm or emergency communication device; if there is only one employee, immediate access to a telephone or two-way radio capable of summoning emergency assistance.
- Maintain required aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, etc., during an emergency.
- Make arrangements with local authorities who would respond to emergencies stemming from fires, explosions, and spills of the type of waste handled at the facility. Local authorities would include police and fires departments, emergency response teams, and local hospitals.
Download your FREE special report, Hazwaste Container Management: Where EPA Inspectors Look First, and receive a 30-day trial of Environmental Training Library at no cost or obligation. Download Your Free Report
And there’s more that must be done to be adequately trained. LQGs and TSDFs are required to prepare a written waste analysis plan. The LQG plan must describe the procedures the generator will carry out to comply with waste treatment standards required by land disposal restrictions (LDRs) at 40 CFR 268.7. The TSDF written analysis plan must be in accordance with both the LDR regulations as well as with 40 CFR 264.13 which requires that it contain all the information that must be known in order to treat, store, or dispose of hazardous waste in accordance with RCRA regulations. LQGs and TSDFs must maintain these plans in their records.
Speaking of records, there are very specific records that must be kept to document the RCRA hazardous waste training given to LQGs and TSDFs! See tomorrow’s Advisor for RCRA training recordkeeping requirements.