The Resource Conservation & Recovery Act (RCRA) Compliance

The Resource Conservation & Recovery Act (RCRA)

Compliance & Enforcement

Presented By: Jeanna R. Henry

Environmental Scientist Land & Chemicals Division

EPA Region 3

Jeanna’s Background • Bachelor of Science

– Major: Environmental Health – Minors: Chemistry & Biology

• Began as a RCRA Inspector and Enforcement Officer w/ EPA Region 3 in 2000 – Conducted/attended over 200 inspections – Negotiated and Settled over 60 Administrative Penalty Orders

• In 2010, took 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 2 US Environmental Protection Agency

Introduction • This presentation will provide an overview for

the following topics: – General overview of RCRA. – RCRA Generator 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

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The Resource Conservation & Recovery Act (aka “RCRA”)

• Enacted in 1976 as an amendment to the Solid Waste Disposal Act (SWDA) of 1965.

• RCRA has been amended several times, most significantly by the Hazardous and Solid Waste Amendments (HSWA) of 1984.

• RCRA has 4 Subtitles: – Subtitle C (hazardous waste) – Subtitle D (solid waste) – Subtitle I (underground storage tanks) – Subtitle J (medical waste)


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

Managing Hazardous Waste – Subtitle C

• Regulates HW from “cradle-to-grave”

• Procedures for the proper identification and classification of HW

• Standards for facilities that generate, transport, treat, store or dispose of HW.


RCRA Generator Status *Varies By State

• Hazardous Waste Determination – Generator’s Responsibility – May use Generator Knowledge of the waste – Analytical Testing (Characteristic Waste Only)

• CESQG* – Generate less than 100 kg/month – No accumulation limit up to 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


Characteristic Hazardous Waste (testing or generator knowledge)

• Flammable (D001) – Flashpoint < 140˚ F – Acetonitrile

• Corrosive (D002) – pH < 2 or > 12.5 – Glacial acetic acid – Sodium hydroxide

• Reactive (D003) – Nitroglycerine

• Toxic (D004 – D042) – Arsenic – Chloroform


Listed Hazardous Waste • F-Wastes – Non-specific sources • K-Wastes – Specific sources • P- & U-Wastes – Unused, discarded

commercial chemical products, off-specification species, container residues, and spill residues

• Example Pharmaceuticals – epinephrine (P042) – nicotine (P075) – phenol (U188) – uracil mustard (U237)

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RCRA Universal Waste • Used Batteries

– SLABs – NiCd

• Pesticides • Mercury Containing Equipment

– Thermostats

• Used Lamps – Fluorescent – High Pressure Sodium – Mercury Vapor


Proposed Regulation of Pharmaceutical Hazardous Waste

• December 2008 Proposed Rule • To Primarily Affect:

– Hospitals – Pharmacies – Long-term care facilities – Reverse Distributors of Pharmaceuticals

• Agency received significant comment (about 100) • While most generally supported the rule, there were

several concerns.

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• Commenters’ Concerns Included: – Security due to 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



• 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



• Rational for Rulemaking – New rules will ensure that Hazardous Waste pharmaceuticals are properly

managed: • Regulations will be tailored to 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 regulatory scheme to address the unique issues that

healthcare facilities face – The new proposal is anticipated to be published and available for public

comment in August 2013

• Contact: Lisa Lauer; [email protected]; 703.308.7418


Inspection Targeting • National & Regional

Initiatives – Sector Based

• Foundries • Mineral Processing

– Regulatory Based • New Regulations • New Waste

– Risk Based • Potential for releases

• Regional Initiatives – Referrals/Tips

• State • Public

– History of Non-Compliance

– Risk Based • TRI Inventory

– Geographical • Chesapeake Bay

Watershed

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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).


Conducting an Inspection • Opening Conference

– Explain purpose of inspection and what to expect.

• Tour Facility – Entire facility and operations or specific areas.

• Records Review – Program Specific

• Closing Conference – Discuss findings of the inspection and next steps.


After the Inspection • Draft Inspection Report

– Documents inspector’s observations & statements made by facility representatives

• Additional Information Gathering – Formal

• Information Request Letter (i.e., 3007, 9005)

– Informal • Email • Telephone


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 to Show Cause • Complaint


RCRA Civil Penalty Policy Gravity-Based Penalty Matrix


Major Moderate Minor

Major $37,500 to

$28,330

$28,330 to

$21,250

$21,250 to

$15,580

Moderate $15,580 to

$11,330

$11,330 to

$7,090

$7,090 to

$4,250

Minor $4,250 to

$2,130

$2,130 to

$710

$710 to

$150

Potential for

Harm

Extent of Deviation

RCRA Civil Penalty Policy Multi-Day Penalty Matrix

Major Moderate Minor

Major $7,090 to

$1,420

$5,670 to

$1,070

$4,250 to

$780

Moderate $3,120 to

$570

$2,230 to

$360

$1,420 to

$220

Minor $850 to

$150

$430 to

$150

$150


Potential For

Harm

Extent of Deviation

Cost of Non-Compliance • Count 1: Undated, unlabeled containers of

HW stored for greater than 90-days – Moderate/Major = $12,250 – Multi-day = 179 days @ $600 per day – Total Penalty = $119,650

• Count 2: Open Containers of HW – Minor/Minor = $500


Cost of Non-Compliance

• Count 3: Failure to Conduct Weekly Inspections – Minor/Moderate = $1,933 – Multi-day = 156 weeks @ $165 per week =

$25,740 – Total Penalty = $27,673


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 to Maintain Hazardous Waste Training Records – Minor/Major = $3,000


Cost of Non-Compliance • Count 6: Failure to 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


Negotiation & Settlement • Negotiation Meetings to Discuss

– Violations and Associated Penalties – Compliance Tasks – Settlement

• Settlement Agreement – Consent Agreement and Final Order – Supplemental Environmental Project – Civil Penalty – Press Release


Compliance Tips • Know your facility’s operations and the

people responsible for those operations. – Process operations – Waste management – Wastewater treatment – Laboratories

• Know and understand the environmental regulations that apply to your facility (i.e., CAA, CWA, RCRA). 2/27/2013 US Environmental Protection Agency 27

Compliance Tips (Cont.) • Explain importance of compliance to operators. • Become familiar with your state regulators. • Conduct internal or 3rd 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

Questions?
