CUPA Conference 2015THROUGH DAVID’S EYES

What is the CUPA? CUPA = Certified Unified Program Agency

83 CUPA Agencies – Counties, Cities, Fire Departments, depending on locale

Administer 6 Programs Hazardous Materials Business Plans & Release ReportingCalifornia Accidental Release Prevention (CalARP)Underground Storage Tank ProgramAboveground Petroleum Storage Act (APSA)Hazardous Waste Generator & Onsite Hazardous Waste Treatment (Tiered Permitting)California Uniform Fire Code

What is CUPA Conference? 1400 attendees

o 80% Inspectors, Administrators and other Government Officialso 20% Regulated community and consultants

Sunday through Thursday, Sheraton Harbor Island

12 Tracks plus extra special interest meetings, approx. 200 sessions, 2 – 8 hours in length

52 Vendor / organization exhibits, breakfast, lunch, no-host receptions

David attended 14 sessions, plus visited most vendors

Conference Content Overview Technical speaker sessions on all the CUPA programs

One track on enforcement: Shhh! Government only invited!

Management and Administration Track

Industry focus and case studies

Working groups and roundtables

8-hour Hazwoper Refresher Training

Presentations All On Line! https://calcupa.org/signup.html to create profile

Login, then go to “speakers”, browse presentations

David’s Impressions CUPA folks are mostly sincere and conscientious.

BUT…There is a definite tendency to want to reach beyond agency mandates

Is it fear of a harmful incident that could have been avoided?

Is it “rounding up” to cover incomplete understanding of complicated rules?

Is it an existential search for meaning in life?

Is it simple power lust?

Not sure, but its there.

David’s Sessions Border enforcement – Haz Waste Cross-Border Rules

Mass Decon – Demonstration of public decontamination –chemical, biological, radioactivity

Hazardous Waste Recycling – Complicated area of regulation

SP001 Inspection Standard – Tank SPCC engineering issues

Morrison Bros, Dubuque Iowa – Tank safety and monitoring – lunched with speaker

How Clean is Clean vis a vis indoor contamination – Jim Kapin of ACT

Nanoparticles – How toxicity is affected by shape and size of small particles

Aboveground tank fire code – More tank stuff

Vendor display: Werks (UL) MSDS to SDS for $275

More David’s Sessions Tank Design – Engineer Discusses petroleum tanks, especially at big wineries

EHS and Sustainability at Sierra Nevada Brewery – very well attended

Cal-ARP tech group ◦ PSM & RMP change regs within 2 years! Add chemicals, add “Safety culture”?

APSA/SPCC training – EPA SPCC author Mark Howard & Sandy Pence of SD DEH

Release Reporting Issues

Border Enforcement Notes Per La Paz (1983) agreement,machiladoras that bring materials into Mexico must either pay a tariff, or return the associated waste to the US.

California handling laws apply only if material passes through CA.

Import Notifications to DTSC required if destination TDSF is in California.

Export notifications also required.

Inspection issues: leaks, mischaracterized waste (non-RCRA less expensive, non-haz even less expensive). Inspectors sometimes take samples. Sometimes require shipment unloaded for inspection. Have big facility for that purpose.

60% of waste now entering through Arizona to avoid California port of entry hazwaste inspection program. Mexican Roads are better entering California, so truckers prefer California, but brokers may direct them to go in at Arizona.

Hazardous Waste Recycling – Complicated area of regulation

25143.2(b): Use on site or off site without reclamation. Wet IPA sold to someone else who can use it as a substitute for IPA they would have purchased. This would NOT be waste.

25143.2(c) Recycle on site with reclamation – this one is a hazardous waste! Reuse on site after distillation – cannot be sold or transferred off site. Must be used 100% within generator time frame (90 days for LQG)

25143.2(d) Non-RCRA hazardous waste – Can recycle on – site. Exclusion from waste. Not waste.

25143.2(e) recyclable used/spent etchants still haz waste

66266.20 and 66266.21 – regulatory allowances for non-rcra waste applied to land

ERM must be managed as though it really has value

Biennial report to CUPA july 1 every 2 years. (CUPA can give exclusion) - Recyclable materials report form. If ERM used off site, then the off-site user of the ERM must provide the report. (It would be great if the generator got a copy of the report from the ERM user.)

How Clean is Clean vis a vis indoor contamination – Jim Kapin of ACT

Answer- It depends on the situation!

Many useful reference materials in presentation.

Handout

Nanoparticles – How toxicity is affected by shape and size of small particles

University research phase

Regulations eventually?

For now, waste determinations would require aquatic bioassay

Release Reporting 25510

(a) Except as provided in subdivision (b), the handler or an employee, authorized representative, agent, or designee of a handler, shall, upon discovery, immediately report any release or threatened release of a hazardous material to the unified program agency, and to the office, in accordance with the regulations adopted pursuant to this section. The handler or an employee, authorized representative, agent, or designee of the handler shall provide all state, city, or county fire or public health or safety personnel and emergency response personnel with access to the handler’s facilities.

…

(c) On or before January 1, 2016, the office shall adopt regulations to implement this section. In developing these regulations, the office shall closely consult with representatives from regulated entities, appropriate trade associations, fire service organizations, federal, state, and local organizations, including unified program agencies, and other interested parties.

Part of SB 1261 – Is IEA at the table?

Keynote Speaker – Retired General

Three questions to decide if you are in the right place:

Do you like what you do?

Are you good at it?

Are you making enough money?

Most people in America would be glad to answer “yes” to just one of these three questions!

Teddy Roosevelt: The greatest gift is work worth doing.

Why do you stay? – Relationships, believe in the mission, believe in the value of the organization

How do you know if you are successful? – People keep giving you more to do.