Hazardous / Toxic Waste Management
The Resource Conservation and Recovery Act of 1976 (RCRA) and Toxic Substances Control Act of 1976 marked the beginning of the complex regulatory program for the control of hazardous waste and toxic substances. Since that time, CERCLA or Superfund, RERCRA, SARA and other laws have set the framework for the present regulatory morass.
Chem-Tech can assist with untangling the regulations and determining which apply to your situation. We will assist in maintaining thorough and accurate records. Since hazardous waste laws are enforced by rebuttable presumption, detailed documentation is essential in limiting liability.
- Technical Supervision - Periodic checks of hazardous waste areas, records, and shipping manifests by Chem-Tech will promote good hazardous waste management practices and ensure compliance.
All large quantity generators of hazardous waste must have a contingency plan on-site to specify what action will be taken in an emergency. Small quantity generators must have a similar plant which is termed a Preparedness and Prevention Plan. Chem-Tech can develop and help implement such plans and train personnel in the proper handling, disposal, and emergency procedures involved with hazardous substances.
Closure Plans & Implementation:
If hazardous waste has been on-site for more than 90 days, the EPA views the generator as an unlicensed storage facility. Also, if the location of a hazardous waste storage area is moved, the old area must be documented as clean using the regulated closure procedures. Chem-Tech can develop, implement, and execute a closure plan that meets EPA approval. Professional engineers on staff are qualified to certify the closure.
Anyone shipping hazardous materials (including hazardous waste) must abide by the Department of Transportation Hazardous Materials shipping regulations if they load, unload, or prepare the hazardous materials for shipping. These requirements include training of personnel, registering as a hazardous material shipper, displaying placards, marking, labeling, and preparing shipping papers. Chem-Tech personnel are trained and experienced in these regulations and can assist in meeting these requirements.
Chem-Tech can assist you in complying with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) including establishment registration and reporting, inspections, records review and compliance monitoring.
Facilities that produce pesticides, active ingredients or devices, including companies that import into the United States, must register with EPA. ("Production" includes formulation, packaging, repackaging, and relabeling.) The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) requires that production of pesticides or devices be conducted in a registered pesticide-producing or device-producing establishment. Production in an unregistered establishment is a violation of the law.
An initial report is due to EPA 30 days after the company is notified of their pesticide-producing or device-producing establishment number. Each facility that produces pesticides or devices must submit a report to EPA by March first each year. The report includes:
- Name and address of the producing establishment
- Pesticide production information such as product registration number, product name and amounts produced
Foreign establishments that import pesticides or devices to the United
States must also submit a report to EPA. Failure to file an initial and
annual production report is a violation of FIFRA, and may result in
termination of the establishment's registration, civil penalties up to $6,500
per violation or criminal penalties. In addition, it is unlawful to knowingly
falsify all or part of any pesticide production information reported to EPA.
- Records Review:
A review of company records may be conducted at Chem-Tech or at the facility, and may or may not be combined with fieldwork. Records may be derived from monitoring, inspection reports, employee interviews, or observation. A review of records can spot potential violations and recommend corrective action before an EPA audit, saving the facility from burdensome fines and penalties.
- Compliance Monitoring:
A compliance monitoring program assures compliance with environmental laws and regulations through inspections, field monitoring, and other investigations. Companies involved with pesticides must do so in a manner not only consistent with federal laws, but also consistent with state laws and regulations which differ from state to state. In general, states have primary authority for compliance monitoring and enforcing against use of pesticides in violation of the labeling requirements. Additionally, the agency with primary responsibility for pesticides differs from state to state. Usually it is a state's department of agriculture, but may be a state's environmental agency or other agency.
Waste Evaluation & Sampling:
All business must determine whether the waste they generate is hazardous as defined by law. Failure to evaluate waste is the number one violation according to the EPA. Chem-Tech can provide the answer through examination of Material Safety Data Sheets (MSDS), sampling, and study of the regulations. We provide a waste evaluation document which will document the waste determination.
Waste Minimization & Waste Minimization Plans:
A generator of hazardous waste must certify on the manifest when shipping that they have a plan in place to minimize waste. Chem-Tech can help develop strategy to reduce the volume and toxicity of waste generated.
PCB’s have been banned from manufacturers since 1979, but many are still in use in older electrical equipment. PCB transformers must be registered with fire departments, inspected quarterly, and reported annually. Also, PCB equipment is a recognized environmental liability to any facility that is using the equipment. Chem-Tech can perform the associated tasks and advise in PCB equipment replacement and clean-up.
Large quantity generators of hazardous waste are required to submit annual reports which indicate how much waste was shipped off site during the year. Chem-Tech can assist with the preparation of these reports which are due by March 1 each year.