Monday, June 25, 2018

Changes in DOT Hazardous Materials Transportation Regulations are On the Way

On Tuesday, June 12, 2018, the DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) will host two public meetings. The first meeting--led by PHMSA--will solicit public input on current proposals and discuss potential new work items for inclusion in the agenda of the 53rd session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG). The second meeting--led by the Occupational Safety and Health Administration (OSHA)--will discuss proposals in preparation for the 35th session of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS).

General topics on the agenda for the meeting include:

  • Explosives and related matters
  • Listing, classification, and packing;
  • Electric storage systems
  • Transport of gases
  • Global harmonization of regulations on the Transport of Dangerous Goods with the Model Regulations
  • Guiding principles for the Model Regulations
  • Cooperation with the International Atomic Energy Agency
  • New proposals for amendments to the Model Regulations
  • Issues relating to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS)
  • Miscellaneous pending issues.


Following the 53rd session of the UNSCOE TDG, a copy of the Sub-Committee’s report will be available at the UN Transport Division’s website. Additional information regarding the UNSCOE TDG can be found on PHMSA’s website.

Hazardous Waste Training
Annual hazardous waste training is required for anyone who generates, accumulates, stores, transports, or treats hazardous waste. Learn how to manage your hazardous waste in accordance with the latest state and federal regulations. Learn how to complete EPA’s new electronic hazardous waste manifest, and the more than 60 changes in EPA’s new Hazardous Waste Generator Improvements Rule. Environmental Resource Center’s Hazardous Waste Training is available at nationwide locations, and via live webcasts. If you plan to also attend DOT hazardous materials training, call 800-537-2372 to find out how can get your course materials on a new Amazon Fire HD10 tablet.

Idaho Granted Authority to Implement State Pollutant Discharge Elimination System

EPA Administrator Scott Pruitt signed a delegation memorandum that will allow the Idaho Department of Environmental Quality (IDEQ) to begin issuing and enforcing discharge permits for businesses and municipalities across the state. Starting July 1, 2018, IDEQ will begin administering the Idaho Pollutant Discharge Elimination System in place of the National Pollutant Discharge Elimination System (NPDES). Administrator Pruitt also attended a business roundtable with Idaho Governor C.L. “Butch” Otter and toured the National Interagency Fire Center.

The NPDES program is a fundamental building block of the federal Clean Water Act that regulates pollution discharged to the nation’s streams, rivers, and marine environments. Under the Clean Water Act, EPA may authorize states to implement all or parts of the NPDES system. Prior to this approval, EPA issued and enforced water discharge permits in Idaho.

To build their program, IDEQ worked with the legislature to secure dependable funding, hired and trained permit-writers and enforcement staff, held public and stakeholder meetings, and developed a four-year sector phase-in schedule. Idaho now joins 46 other states across the country running their own water discharge permitting program, protecting their most precious natural resource: safe, clean water. Idaho’s program will be called the Idaho Pollutant Discharge Elimination System.

Under its approval, EPA retains oversight of Idaho’s program including federal enforcement authority. Idaho plans to phase-in the permit program as follows:


  • Phase I (July 1, 2018): Domestic Wastewater Facilities and the Pretreatment Program
  • Phase II (July 1, 2019): Industrial Wastewater Facilities
  • Phase III (July 1, 2020): General Permit (non-Storm water)
  • Phase IV (July 1, 2021): All storm water permits and the Biosolids Program

Former Concord Chemical CEO Admits to Improper Storage of Hazardous Waste

The former president and CEO of Concord Chemical Co. Inc. (Concord) has admitted to illegally storing hazardous waste at the company's Camden facility and making false statements to the EPA, U.S Attorney Craig Carpenito announced last week.

Miguel Castillo, 63, of Hilton Head, South Carolina, pleaded guilty to one count of storing hazardous waste at Concord's Camden facility in violation of the Resource Conservation and Recovery Act (RCRA), according to Carpenito.

RCRA was enacted in 1976 to address a growing nationwide problem with industrial and municipal waste, according to documents filed in the case and statements made in court. RCRA was designed to protect human health and the environment by prohibiting the treatment, storage or disposal of any hazardous waste without a permit.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes the EPA to remove hazardous waste from industrial sites and hold responsible parties liable for the costs.

Concord manufactured, repackaged and distributed a wide variety of chemical products, including cresylic acid, soaps, waxes, pipe lubricants and emulsions. Some of Concord's products and the raw materials used to make them were hazardous.

Castillo was Concord's president or CEO from 2003 through August 2011. He also served as the president and director of another company, KW Inc., which repackaged and distributed commercial laundry products while leasing space from Concord's Camden facility from May 2008 through the fall of 2009. Neither Concord nor KW had a permit to store hazardous waste at the Camden facility.

While Castillo was in charge of Concord, drums containing hazardous waste were stored in the Camden facility basement. In 2004 and 2005, Concord employees attempted to remove those drums but allegedly never finished due to claims by Castillo that Concord could not afford to remove additional drums.

By March 2010, Concord and KW had ceased operations at Concord's Camden facility. In August 2010, the EPA conducted a site visit and discovered that the facility was devoid of employees, left in a deteriorated condition and filled with drums containing corrosive and ignitable hazardous waste. From October 2010 through March 2011, the EPA removed the hazardous substances from the facility.

On Sept. 1, 2011, the EPA requested information from Castillo in order to identify the parties responsible for EPA's removal costs. When Castillo responded to the EPA's requests, he failed to identify himself as Concord's president and CEO or KW's president and director.

The illegal storage of hazardous waste charge carries a maximum penalty of five years in prison and a $250,000 fine, or twice the gain or loss caused by the offense. Sentencing is scheduled for Sept. 10.

Shell Oil Products Required to Improve Waste Management, Pay Penalty

EPA has reached a settlement with Shell Oil Products over hazardous waste and risk management plan compliance at its crude oil refinery in Martinez, Calif. Shell Oil Products, a subsidiary of Shell Oil Company, will pay a $142,664 civil penalty and spend an estimated $220,300 to make improvements to its oil processing facility.

This action will prevent an estimated 64 tons of hazardous waste from being released to the environment every year and reduce the risk of diesel fuel spills to San Francisco Bay.

“Today’s order requires Shell Oil to make necessary enhancements to comply with federal laws and protect public health and our natural resources,” said EPA Pacific Southwest Regional Administrator Mike Stoker.

Shell Oil has also agreed to spend about $38,000 in support of emergency planning and preparedness in Contra Costa County. Shell Oil will provide the Contra Costa Health Services Hazardous Materials Programs with equipment to stop leaks from sulfur dioxide containers, personal protective equipment, and handheld particulate meters (including backup batteries and chargers), which are used to monitor air quality.

The Shell Martinez Refinery, located on Pacheco Boulevard about 2 miles east of downtown Martinez and south of the Carquinez Strait, processes about 165,000 barrels of crude oil per day. The refinery also makes asphalt, diesel, jet turbine fuel, petroleum coke, propane, residential fuel oils, and sulfur.

EPA inspected the refinery in November 2014, March 2015, and November 2016 and found:

  • Failure to immediately notify the appropriate federal, state, and local emergency planning and response agencies immediately after an accidental release in December 2013
  • Failure to determine if waste generated at the refinery was hazardous
  • Failure to follow proper procedures for managing hazardous waste
  • Failure to comply with Spill Prevention, Control, and Countermeasure rule requirements, such as using proper containers for fuel storage
  • Failure to comply with Risk Management Plan Rule requirements, such as accurately reporting an accidental release worst-case scenario. When properly implemented, risk management plans and their associated program elements help prevent and control chemical releases at facilities that store large amounts of hazardous substances or flammable chemicals. These plans are also used by EPA and other emergency responders to assess chemical risks to nearby communities and prepare for emergency responses.

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