Waste Inspection Process and Common Violations...1 4/12/2019 1 Waste Inspection Process and Common Violations MaryAnn St. Antoine and Jenny Bennett Michigan Department of Environmental

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Waste Inspection Process and Common Violations

MaryAnn St. Antoine and Jenny BennettMichigan Department of Environmental Quality

Waste Management and Radiological Protection Division

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Goals

• Reduce inspection anxiety

• Provide opportunity and tools to be prepared for an inspection

• Highlight inspector constraints

• Share examples of good and bad inspection observations

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Routine inspection

Complaint

Record discrepancy

Request of another agency

When and why does an inspector visit?

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How to Survive an Inspection

Relax Be Nice!

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How to Survive an Inspection

Don’t hide anything

Fix things immediately where possible

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Have Your Records in Order!

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Waste Regulations

Act 451, Michigan Natural Resources & Environmental Protection Act:

Part 111, Hazardous

Part 121, Liquid Industrial By-Products

Part 115, Solid Waste

Part 169, Scrap Tires

Act 368, Michigan Public Health Code:

Part 138, Medical Waste Regulatory Act

Part 2, Ionizing Radiation Rules

Federal Toxic Substance Control Act (TSCA)

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Required Paperwork

1. Notification of Hazardous Waste Activity

2. Waste Characterizations

3. Manifests and Shipping Documents

4. Land Disposal Restriction Forms (LDR’s)

5. Waste Area Inspection Documents

6. Annual Liquid Industrial By-Product Reports - NEW

7. Biennial Hazardous Waste Reports IN 2017

8. Training Records

9. Contingency Plans

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Notification of Waste Activity

Michigan hazardous waste small quantity generator (SQG) and large quantity generators (LQGs) must notify of their regulated waste activity on an EQP 5150 form

The Waste Management and Radiological Protection Division issues IDENTIFICATION NUMBERS to facilities per site

Liquid Industrial By-Product Generators are no longer required to have a Site ID number as of March 2016!

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EQP 5150 Site notification form is also required for:

• Hazardous waste and liquid industrial by-product transporters

• Liquid industrial by-product treatment, storage, and disposal facilities (designated facilities)

• Hazardous waste treatment, storage, and disposal facilities

• Large quantity universal waste handlers

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EQP 5150 site notification form is also required for:

• Used oil transport, transfer, processing, re-refining, marketing, and collection/aggregation

• Hazardous secondary materials exemption NEW 2017

• e-Manifest Brokers

• Academic lab rule exemption NEW 2013

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LQG Closure NotificationProposed Rules

Requires LQGs notify of closure of central accumulation area(s) and verification that the

site meets or does not meet the closure performance standards 40 CFR 262.17(a)(8)

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LQG Consolidating VSQG Waste NotificationProposed Rules

Requires LQGs notify if they accept waste generated off-site by a VSQG they own or control for consolidation

LQGs accepting off-site generated VSQG waste must:• manage it as a fully regulated hazardous waste

• include it on the biennial reporting

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Will establishing new generator types in summer/fall:

• Very Small Quantity Generator (VSQG) - new name for Conditionally Exempt Small Quantity Generators (CESQG) of hazardous waste

• “Episodic Generator”

EQP 5150 updated 1/2019 to incorporate Academic Lab Rule and Hazardous Secondary Material Exemption Notifications, as well as VSQG, episodic generator notifications, and LQG closure notifications

Episodic GeneratorsProposed Rules

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Episodic generator provisions would:

• allow generators having once a year generating event at higher generator levels to not have to comply with all of the higher level requirements

• Sets alternate regulations for short period of time

Episodic events include:

• Planned periodic maintenance cleanouts

• Unplanned production upset condition, spills, or acts of nature


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• Only one episodic event is allowed per calendar year

• Generator has ability to petition for approval for a second event

• If first event is planned, a petition for a 2nd event must be unplanned event or vice versa

• Notification on EQP 5150 required < 30 days prior to planned episodic event

• Notification on EQP 5150 required < 72 hours after an unplanned episodic event using the Site ID form


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• Get Site ID No.

• Use uniform manifest and send episodic waste to

licensed hazardous waste TSDF

• Manage waste to minimize accident or release

• Label episodic waste containers

• Identify an emergency coordinator

• Maintain records associated with episodic event

VSQG Episodic Generator RequirementsProposed Rules

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SQGs need only comply with existing SQG regulations and maintain records

associated with the episodic event

SQG Episodic Generator RequirementsProposed Rules

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Waste Characterization

Must have record documenting your waste

determination for each waste stream, whether it is:

• hazardous waste

• liquid industrial by-product

• solid waste

• other like medical waste, PCB, or radioactive

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Waste Characterization

Record should include:

• the waste type/name and description• source of waste• Safety Data Sheets (SDS) or other references

relied upon • test results, sampling procedure, and details on

how it any sample was representative of the waste

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Manifests & Shipping Documents

Track waste from "cradle to grave“ or from the time it is created, while it is transported, treated, stored, and until it is ultimately disposed.

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Manifests & Shipping Documents

As of a March 2016 law change, uniform manifests are no longer required for documenting shipment of liquid industrial by-product

Shipping document is required for shipping liquid industrial by-products and can be written or electronic

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Shipping Document

Can be a log, invoice, bill of lading, or uniform hazardous waste manifest

Required information:

• Name and address of the generator

• Name of the transporter

• Type and volume of by-product shipped

• Date the by-product was shipped

• Name, address and Site ID number of the designated facility

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Shipping Document

• Generator or generator representative signs/certifies shipping document - keeps record for inspection

• Transporter signs/certifies shipping document -keeps record during transport and for inspection

• Transporter delivers only to the designated facility identified on the shipping document

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Shipping Document

• Designated facility provides confirmation of receipt to the generator

• If confirmation from designated facility is not received timely, generator must contact designated facility, and if receipt is not verified, report to the DEQ

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e-Manifests

Uniform manifest are required for shipping hazardous waste from a SQGs and LQGs

In April 2017 new rules became effective in Michigan requiring use of e-Manifest system

Now all hazardous waste manifest must be loaded to the e-manifest system by the receiving facility who receives a fee to cover the cost of processing

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Hazardous Waste Generators

Large Quantity Generator

• Generates > 2200 lbs. of non-acute hazardous waste (~5 or more drums) per month and/or

• Generates or accumulates > 2.2 pounds of acute or severely toxic hazardous waste per month

Small Quantity Generator

• Generates > 220 lbs. to < 2,200 lbs. non-acute hazardous waste (~ ½ to 5 drums) monthly and

• Never accumulates more than 13,200 lbs. or ~ 30 drums at any 1 time

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e-Manifests Costs

Four options for e-manifest submittal:

• paper manifest (via mail) - $20

• scanned, adobe (pdf) image of each paper manifest - $13

• data file of all manifests - $7

• e-manifest, originated in the e-manifest system, electronically signed by the generator, transporter and receiving TSD (paperless manifest) - $4

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Often called the “hybrid manifests” as it starts on paper with the generator and is loaded

electronically by the receiving facility

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Hybrid e-Manifest

The hybrid e-Manifest is populated by an agent for the generator (transporter).

The generator is then:

• Provided with a paper copy of the e-Manifest

• Signs the paper copy by hand

• Files and retains the paper copy

• All other parties identified on the manifest then sign electronically

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E-Manifest Tracking

After registering for e-manifest use, the generator can track waste movement from the transporter to the receiving facility in the e-Manifest system.

Only if a paper manifest is used will the TSD be required to send the generator a signed copy of the manifest by mail.

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E-Manifest Tracking

Generators not registered in the e-manifest system using the hybrid manifest must make arrangements with the receiving facility to return a hand signed paper copy of the manifest.

Generators must track shipments and verify delivery at the disposal facility (SQG verify within 60 days and LQG verify within 45 days).

Generators unable to verify receipt of shipments must submit an exception report to the DEQ.

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Liquid Industrial By-Product Designed Facility Annual Report

2016 Statutory Change!!

First report was due April 30, 2017

Third round of reporting is due April 30, 2019

Report identifies liquid industrial by-product received in prior calendar year or 1/1/18 to 12/31/18

E-mail completed EQP 1602 form (fillable adobe file) to [email protected]

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Hazardous Waste Land Disposal Restrictions (LDR)

LQGs and SQGs must determine if the waste requires treatment before land disposal

LQGs and SQGs must provide notice of LDR information for the initial waste shipment to each off-site TSD

Notification required even for shipment to non-land based disposal options like incineration

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Hazardous Waste Biennial Report

Details hazardous waste activity in the previous odd numbered year

Required to be submitted electronically of LQGs and TSDs

Submit to WMRPD by March 1 of even-numbered year

Report includes both MI & EPA hazardous waste codes

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Biennial ReportsProposed Rules

Must file biennial report for all months in calendar year if an LQG in odd year

Must file a biennial report if recycling hazardous waste without storing prior to recycling

Must include VSQG consolidated at LQG during odd years

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Hazardous Waste Area Inspection Documents

SQG & LQG must perform:

✓ weekly container accumulation area inspections

✓ daily for tank inspections

LQGs must document hazardous waste container accumulation area and tank inspections

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Emergency Planning & Training Requirements

CESQG No specific requirements

SQGInformal trainingTraining records not required No stipulated review periodMust post CURRENT emergency info by phone near

operationsMust send facility diagram to responders or discuss

facility layout, access roads, evacuation routes, etc., Must ensure emergency coordinator is identified and

on premises or on-call

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LQG employee training documents:

• Must have written hazardous waste training program

• Must conduct annual training for employees

• Must keep written training records for 3 years

• Must have description of the type of training given

• Must be conducted by someone who is qualified to conduct training


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SQGs and LQGs must:

• have CURRENT & complete written contingency plan on-site

• make contact/arrangements with local fire department, police, hospitals, emergency response contractors, and local emergency response teams

• LQGs must document that they made this contact


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Emergency Planning & Training RequirementsProposed Rules

Under Proposed Rules –

• Both LQGs and SQGs must document that they made this contact

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Contingency PlanProposed Rules

Require Quick Reference Guide detailing:

• Types/names of hazardous waste and associated hazards

• Estimated maximum amounts of hazardous wastes

• Hazardous wastes requiring unique/special treatment

• Map showing where hazardous wastes are generated, accumulated or treated at the facility

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Contingency PlanProposed Rules

Require a Quick Reference Guide detailing:

• Map of facility and surroundings to identify routes of access and evacuation

• Location of water supply

• Identification of on-site notification systems

• Name of emergency coordinator(s) or listed staffed position(s) and 7/24-hour emergency telephone number(s)

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Tank Certification

Must obtain a written assessment that is reviewed and certified by a professional engineer that includes:

• Design standards

• Hazard characteristics of the waste

• Determination performed by corrosion expert if the external shell of a metal tank is in contact with soil or water

• Design considerations if tank affected by vehicles

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All required records must be:

• kept on-site

• kept for at least three year from the last date the waste was shipped off-site and

• made available to DEQ staff upon request.

All Records

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What Do Inspectors Look at Beyond Records?

Waste Handling and Accumulation Areas:

✓ Process Equipment

✓ Waste Point of Origin

✓ Containers and Tanks

✓ Labeling

✓ Secondary containment

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Inspection Day!!

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Gallery of Violations

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E-Manifest & Shipping DocumentCommon Violations

Failing to keep signed manifests for three years

Failing to have records of used oil or other liquid industrial by-products shipped on consolidated shipping document

Using wrong ID number

Using wrong or incorrect waste codes

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LDR Common Violations

Failing to keep LDRs & related documents for at least 3 years after waste last sent for TSD

Missing LDR notification and waste analysis documents

Missing or incomplete information such as categories, underlying hazardous constituents, and manifest numbers

Listing LDR information that is inconsistent with waste characterization

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Other Common Violations

Failing to have waste characterizations on site for

all wastes

Failing to have copy of last Biennial Report on-site (LQG)

Failing to have updated contingency plan on-site (LQG)

Failing to have annual personnel training records on-site (LQG)

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Common Storage Violations

Failing to have adequate aisles pace to properly inspect containers and for emergency personnel

Failing to have labels visible for inspections

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Don’t stack more than 2 drums high!

Leaning drum is a safety issue!

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Exceeding the allowable on-site accumulation time limit for hazardous waste without requesting anextension or obtaining a storage permit

Notice leaking drum and stains

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Using Containers in Poor Condition

Leaking bucket & tank

Some bad containers are obvious!


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Others require looking all around the container to see a problem

Look for staining as a sign


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Leaving containers exposed to weather or vandals


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Common Storage ViolationsFailing to keep the containers closed, except when waste is added or removed

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Leaving funnels in place that are not screwed into the bung and funnel not capable of being kept closed would be considered open


Notice splashing on wall

Valve must be closed except when adding waste

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Storage not protected from vandals…


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Other leaks require noticing signs on the ground or puddles, etc.


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Uncommon Storage Violations

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Compliant Storage Options

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Keep totes, drums

and containers stored

securely away from

driveways, alleys and

public access


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Notice the valve, it automatically closes when handle is released

Compliant Closure Options

Use lockableoptions

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Compliant Closure Options

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Storage Container Labeling Violations

Listing incorrect or incomplete information

on hazardous waste labels

Missing the accumulation date

Missing the words “Hazardous Waste”

Missing the hazardous waste number(s)

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Compliant Storage Labeling

Accumulation Label Shipping Label

Proposed rules will require you add waste hazard indicator on the satellite and accumulation containers

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Future Labeling RequirementProposed Rules

Rules expected to come out in summer/fall will require that the hazardous waste tanks and containers be labeled also indicate the hazards of the contents.

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Future Labeling RequirementProposed Rules

Rules allow use of

• RCRA characteristic (e.g. ignitable, corrosive, reactive, or toxic)

• U.S. DOT hazard communication placard

• OSHA hazard statement or pictogram

• NFPA chemical hazardous label

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Compliant Storage Labeling

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Compliant Storage LabelingLiquid Industrial By-products

2016 Statutory Change!!

Labels must identify the contents of the tanks or containers

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Illegal Disposal of Used OIl

Common Used Oil Violations

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Common Storage Violations of Used Oil

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Compliant Used Oil Storage Options

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Lacking or inadequate secondary containmentfor LQG, SQG with over 2200 lbs. & any facilitystoring acutely hazardous wastes

Common Secondary Containment Violations

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Sill is not high enough

Notice the stainingFailing to elevatecontainers or havecase of containmentsloped to drainwhen required

Lacking or inadequate squirt protection

Common SecondaryContainment Violations

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Lacking or inadequatechemical resistant coating & having cracked surfaces


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How can drums be checked for leaks if buried in snow?

Failing to remove precipitation in a timely mannerfrom containmentareas


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Sloping ramp saves backs and reduces spills when moving materials

Spill pallets OK for solids but does NOT provide squirt protection for liquids

Compliant Secondary Containment Options

This type doesprovide squirtprotection

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Can be landfilled IF:• doesn’t contain free liquids,

AND• not a hazardous waste, OR• were generated by CESQG

Sorbents used to clean up hazardous waste by SQG or LQG must be handled as hazardous waste

Sorbents

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What Kind of Inspection Follow-up Is Necessary?

Respond according to the letter sent by the WMRPD

Accompany inspector if there is a follow-up second inspection

Have a question about the inspection - call the inspector who visited your facility

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Questions