Are You Ready? - Triumvirate Environmental...2012/03/28  · • Everything you want to know for...

Are You Ready?

DEP

Be right there…

Overview This presentation will walk you through:

• Basic requirements pertaining to hazardous waste, air quality, and industrial wastewater

– These are the “Big 3” sets of regulations

• How to prepare for a MassDEP inspection.

• Example violations and how to prevent them.

Who are you again… MassDEP?

• Headquarters in Boston and there are four regional locations.

• Some departments within DEP: – Bureau of Waste Prevention (BWP) – Bureau of Resource Protection (BRP) – Bureau of Waste Site Cleanup (BWSC) – Bureau of Policy & Planning – General Counsel – Strike Force

Compliance vs. Reality • Staying in compliance with environmental regulations can be

an everyday challenge. • DEP inspectors typically find problems of similar types

during every inspection. • Rules to live buy –

– Keeping your facility in compliance is a group effort, but – make it clear who’s responsible for environmental compliance.

– Keep employee’s trained and up to date with regulation changes.

– Stress the importance of maintaining compliance – avoid penalties.

Changing Times

• In 2008 DEP had 1,230 employees. Now < 840 employees.

• Go Green! A lot of focus on Clean Energy – Using organic waste for renewable energy – Solar power – Being more efficient

• Priorities – Who gets inspected?

Applicable Regulations

*Regulations that may be applicable: – Hazardous Waste Regulations 310 CMR

30.000 – Air Quality 310 CMR 6.00-8.00 – Industrial Wastewater 314 CMR 7.00 & 314

CMR 18.00 (for the most part) – Solid Waste – 310 CMR 19.00 – Underground Storage Tanks – 527 CMR 9.00 *Not an all inclusive list

Hazardous Waste Responsibility

Cradle to Grave! From generation, storage,

transportation & disposal you are responsible!

Do you have an EPA or MA ID #?

Hazardous Waste Generator Status – know your status Very Small Quantity Generator = VSQG Small Quantity Generator = SQG Large Quantity Generator = LQG

Acutely Hazardous Waste [“P-waste”] – what’s the big deal? 2.2 pounds = LQG Pharmaceutical drugs, research chemicals

Signs, Lines, Lids & Labels – more later…

Generator Status VSQG < 27 Gallons per month (no time limit) & no P-waste SQG between 27-270 gallons per month (180 days) & 2.2lbs

P-waste onsite

LQG > 270 gallons per month (90 days)

++

First things first • All generators must determine whether a waste

is hazardous (310 CMR 30.302). • What does that mean?

1. Determine if its excluded – Reverse distribution

2. Determine if it is listed 3. Determine if it is characteristic

• Make the correct waste determination

Waste Determination Question

Question • Does your facility generate epinephrine (P042) waste? Answers

a. No, because my consultant said so b. Maybe? c. How am I suppose to know? d. No, because its epinephrine hydrochloride and here

is my waste determination from the manufacturer …continued

Waste Determination (cont)

• Written waste determination for this product of epinephrine

• Meridian Tech

How does RCRA relate to Healthcare*?

• Labs – Histology, Cytology, Pathology, and Hematology

usually have ignitable based waste. • Nursing Units, ER and Pharmacy Departments

– Pharmaceuticals- Listed & Characteristic wastes • Facilities

– Ignitable based waste and waste oil.

*some examples

What is a Pharmaceutical Hazardous Waste?

Two ways it can be a hazardous waste

1. Listed – U waste code (310 CMR 30.133) or P waste code (310 CMR 30.136)

2. Characteristic- 310 CMR 30.120-125 • Ignitable • Corrosive • Reactive • Toxic

Listed Pharmaceutical Wastes

• Two necessary conditions when discarding or intending to discard a pharmaceutical that carries a listing

1. Does it contain a sole active ingredient? 2. Has it been used for its intended purpose?

• Applies to both U and P listed hazardous waste • There are some exceptions…

Pharmaceutical Waste Exceptions* • Epinephrine P042 does not apply to…

– Epinephrine Hydrochloride (salts) – Epinephrine syringes – residues left in a syringe which has

been used for its intended purpose

• Nitroglycerine P081 – Finished dosage forms no longer carry the P-code – 310

CMR 30.104(2)(v)

* provided that the waste is not listed by another means or exhibits a characteristic

Pharmaceutical Waste Exceptions* (cont)

• Nicotine (P075) & warfarin >.3% (P001) – RCRA or not? – EPA memo 11/14/11

* provided that the waste is not listed by another means or exhibits a characteristic

Characteristic Pharmaceutical Waste 310 CMR 30.120-125

• Blah, blah, blah… We all know how a pharmaceutical waste could be a characteristic waste as listed below: Right? – Ignitability (D001) – Corrosivity (D002) – Reactivity (D003) – Toxicity (D004-D043)

Common Characteristic Pharmaceutical Waste

• Ignitability (D001) – most common is alcohol based pharmaceuticals

• Toxicity (D004-D043) - common ones are: – Barium (D005), Cadmium (D006), Chromium (D007), m-

Cresol (D024), Mercury (D009), Selenium (D010), Silver (D011)

– Test, test, test, test… all based on the Toxicity

Characteristic Leaching Procedure (TCLP)

Preparedness The following slides highlight each of the main

problem areas we see during our inspections.

Empty Containers - 310 CMR 30.106

• P listed waste - 2 choices 1. Collect the empty container 2. Triple rinse and collect the rinsate

• All other types of hazardous waste 1. Remove all waste by common practices – what does

that mean? 2. No more than 1 inch 3. No more than 3% by weight in a container <119

gallons

Hazardous Waste Storage Practices

Container Requirements

• Everything you want to know for container management found at 310 CMR 30.680-689 & 310 CMR 30.342

• Proper container labeling – 310 CMR 30.341(2)

Labeling Hazardous Waste

• Clearly mark the side of each hazardous waste container with the following: – The words “Hazardous Waste” – Chemicals contained in the container – no formulas or

abbreviations – Hazard to describe the waste (i.e. toxic, ignitable) – Date accumulation begins (central storage area)

•Marks & Labels clearly visible for inspection

Container Management

Things that you should look for in proper waste container management:

• Closure when not adding waste • Compatibility • Proper aisle spacing • Good condition • Store as not to cause a leak

Accumulation vs. Storage

Satellite Accumulation Area (SAA)

Storage Area

As a result of a process Time limits – pending on your status At or near the point of generation Secure Area Under the control of the generator Spill control equipment No time limit? Signage One container per waste stream Emergency equipment & postings Container size restrictions Documented inspections

No container size restrictions Delineated Area Aisle spacing

Preventing Releases • Proper containment of hazardous waste and waste

oil: – Outdoor storage for tanks & containers 110% – Indoor storage for containers sufficiently

impervious to contain leaks & spills – Indoor for storage in tanks 100%

• Any spillage removed within 24/hr

Universal Waste

• Alternative approach to disposal. It gets recycled! • Applies to:

– Batteries, pesticides, thermostats, mercury-containing devices, and mercury containing lamps.

• Store for up to a year – date starts when it becomes a waste.

• Properly label!

Recordkeeping

Some key information that will be requested: – Manifests – how many years worth? – Bills of lading (BOL) – Land Disposal Restriction Forms (LDR) – Inspection records – Waste determinations – Contingency Plan – Training records & training Plan

Air Quality

Air Quality Boilers Natural Gas or fuel oil?

Generators Ultra low sulfur diesel on or after 7/1/07 Stack Design?

Paperwork Look at permit and emission cap requirements! Rolling twelve month calculations readily available Fuel receipts Generator hourly logs

Environmental Results Program (ERP)

• Simplified permitting and compliance

reporting • Replaces facility-specific state permits

with industry-wide environmental performance standards and periodic compliance certifications.

ERP- Boilers Applicable if your facility installs a boiler rated between

10-40 million btu/hr on or after September 14, 2001. On or before July 1, 2009 distillate fuel and or natural gas

must be .05% sulfur After July 1, 2009 distillate fuel .0015% sulfur by weight Before July, 1 2009 natural gas must be the primary fuel if

available.

Effective December 28,2007 must certify prior to install & operation.

ERP- Emergency Engines / Turbines On or after March 23, 2006 must certify if: Installed or altered an engine with a rated output at 37kw

or greater Installed or altered a turbine with a rated output of less

than one Megawatt. Cannot operate more than 300 hours during a rolling

12-month period On or after July 1, 2007 fuel must meet 15ppm for

sulfur

Industrial Wastewater (IWW) IWW can result from treating a

facilities WW or a simple process of glass washing in a lab. Here are some requirements to look into:

treating the IWW may require an Operation & Maintenance Manual and Staffing Plan. Certified WW operators onsite Approval from your local

authorities

Do IWW regulations apply? (1) produce industrial discharge? (2) treat the wastewater prior to discharge? (3) does the combined daily industrial and wastewater discharge volume equal or exceed 50,000 gal per day? Contact your regional office.

A Good Quick Check? – Review Your Facility’s History

& Ask for Compliance Assistance • Don’t be afraid to ask questions or call for help. • Call your regional MassDEP office.

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What to expect during a

MassDEP Inspection

Happy Thoughts, Happy Thoughts…

MassDEP Inspection • Most inspections are unannounced • Inspections may require personnel from:

– Safety / Security – EH&S – Facilities – Lab Personnel – Department Heads

Inspection Process

• Opening Conference – Purpose & general facility info

• Site walk through – Complete tour

• Paperwork Review • Closing Conference

– Findings – What’s next?

Paperwork Review Air Haz Waste IWW

Generator logs (hrs of operation)

Contingency Plan Staffing Plan

Fuel receipts Inspection Records O&M Manual Maintenance records Manifests / Bill of

Lading / Land Bans Compliance with ERP for holding tanks

Emission records (monthly & rolling 12)

Profiles / Biennial Report

Certified operators

Testing records – refer to approval, some require yearly testing

Training Records & Plan

New Generator / Boiler ERP Certs

Recycling permits- records

Common Compliance Issues Haz Waste Air Quality IWW

Labeling – chem formulas, missing hazards, unlabeled

Improper stack design

No Staffing Plan

Container Closure Lack of records Lic. Operator Working container rule Failure to ERP

Compatibility Contingency Plan – ER Coordinators, preventive measures Manifest Errors – EPA ID#

Compliance Exercise ( Test Your Regulatory Knowledge)

Follow Through • Take notes during the walk through!! • If your facility gets an enforcement document, meet

deadlines and respond to it in writing. • Be sure to correct all violations listed in the

enforcement document • MassDEP personnel will be back to confirm

compliance

Top 5 phrases inspectors hear when we show up

1. “Couldn’t have come at a worse time!” 2. “Be back in 10 minutes”… 3. “Can you come back another day” 4. “The feds are here, going to jail now” 5. “MassDEP, mmmhhh who are you again?”

Thank You! http://www.mass.gov/dep/

Matthew Barber

MassDEP 978-694-3209

Matthew.Barber@state.ma.us

HAZMAT MAN