By Elizabeth Dickinson,
J.D. BLR Legal Editor
ldickinson@blr.com
Violations Revealed by EPA Inspectors
The following two lists, compiled from several EPA Regions, identify common violations identified during facility inspections.
Common Violations of RCRA, Subtitle C (Hazardous Waste). Common violations found by EPA inspectors of large quantity generators (LQGs) include:
- Failure to properly sample and/or test hazardous waste or apply knowledge of waste as required to comply with Subpart C waste determinations.
- Hazardous waste containers not currently in use are open. Hazardous waste labels are missing or containers are mislabeled
- Inadequate aisle space
- Hazardous waste signs and emergency numbers are not posted at hazardous waste storage areas
- Drums in the storage areas that have been there longer than 90 days
- Satellite accumulation areas with more than one 55-gallon drum
- Incompatible waste materials/wastes stored next to each other. Drums lacking secondary containment per state requirements.
- A lack or incomplete inspection of the weekly logs at the hazardous waste storage areas as per state requirements.
- LQGs lacking a training plan, having no annual RCRA training, and/or having poor training records.
- The hazardous waste contingency plan is incomplete and/or has not been sent to the local emergency entities.
- Land ban notifications do not accurately reflect the waste.
- Contractors are ordinarily handling waste determinations and manifests despite that facility staff signing the manifests is legally responsible for both waste determinations and accurate reporting on the manifests.
Common Violations of RCRA, Subtitle I (Underground Storage Tanks). Common violations found by EPA in connection with inspections of USTs include:
- Failure to provide any release detection for underground piping
- USTs that have not been registered
- Leak detection testing has not been conducted on an UST
- Release detection monitoring has not been conducted
- Failure to perform required maintenance on and calibration of electronic tank leak detection devices
- Failure to maintain records of leak detection device maintenance
- Failure to maintain UST release detection records (records of monthly testing for automatic systems)
- Failure to properly mark the fill ports and other ports of the UST systems at the facility
- Failure to properly close UST systems.
- Failure to properly install UST systems (fiberglass risers on tank vent pipes).
EPA’s office of Enforcement and Compliance Assurance noted that in FY 2008 it conducted approximately 20,000 inspections, and 222 civil investigations (complex, in-depth examinations). In fiscal year 2011, EPA assessed approximately $168 million in civil penalties and through the courts sentenced environmental criminals to a total of 89.5 years of incarceration. The penalties were for violations of RCRA as well as of The Clean Water Act and The Clean Air Act. Clearly, EPA takes regulatory violations very seriously.
Additional Resources:
RCRA Training: Hazardous Waste Introductory Training
EPA Generator Inspection Checklist
Container Tips
Basic Checklist for USTs
Elizabeth M. Dickinson, J.D., is a Legal Editor for BLR’s environmental publications, focusing primarily on hazardous waste related topics. Ms Dickinson has covered environmental developments since 1994. Before starting her career in publishing, she was a corporate and securities attorney at Cummings & Lockwood and at Aetna Life and Casualty, both in Hartford, Connecticut. She received a Bachelor of Arts degree, cum laude, in English and American Literature and Language from Harvard University and her Juris Doctorate, cum laude, from the University of Connecticut School of Law, where she was an Articles Editor of the Connecticut Law Review. Ms. Dickinson is licensed to practice law in Connecticut.