VRM

VRM Quarterly Newsletter Issue: October Volume: 1 Year: 2007

Welcome!

This is the first issue of the VRM newsletter and is designed to be an information sharing and PLAIN ENGLISH issue discussion of all things related to Residual Management. We will focus our discussions on Resource Conservation Recovery Act (RCRA) compliance issues related to petroleum management.

Our Primary content will be on issues associated with Retail Sites, Distribution Terminals, Pipelines and Pipeline Facilities, E&P, Remediation and Emergency Response residual management activities. This newsletter is available to everyone so feel free to pass it around BUT As a paid VRM subscriber you will not just receive the Newsletter but have access to in- depth information about the issues mentioned and more importantly detailed step by step procedures, forms, reference guidance, be able to ask a question regarding a RCRA issue, training (RCRA and DOT certification and Overview courses) discounts and much more. The cost is only $49.00 for one year for all Newsletter activities. Order Now. We also have other programs at very reasonable prices that provide support at additional levels.

Who is VRM?

VRM was formed in 2006 to provide a focused set of services related to Residuals (waste and non-waste materials) Management. Collectively our staff has over 50 years of Environmental Compliance and Residual Management experience. We look forward to meeting our customer’s needs with an environmental compliant and cost effective approach. Our services can provide you with a single source of residual management and RCRA compliance needs. Also, I promise other than this first issue you won’t be inundated with sales information like our list of services below:

RCRA Compliance Review

• Facility or operating system review to insure RCRA / Residual practices are in compliance.
• Waste Management Practices Review
  • Residual / Waste related practices review to identify possible efficiency needs or new applicable cost effective approaches.
  • Development of process management requirements from generation, disposal, reporting requirements and all tasks in-between.
• Treatment Storage and Disposal Facility audits
  • Facility audits to insure your materials are going to locations that are in compliance and meet industry practices in an effort to minimize long term liabilities associated with Cradle to the Grave” compliance requirements.
  • We can set up a TSDF Audit program along with training your environmental staff to perform future audits.

RCRA training

• Initial RCRA and refresher certification training to meet 40 CFR / 49 CFR training requirements and Familiarization short courses for staff not required to have certification. Computer Based Training (CBT) and on-site training that is specifically tailored to your compliance and operational requirements.

POTW / NPDES Permits

• Permit compliance review or preparation.

Disposal / Disposition

• We can assist in the identification / disposition of a single recoverable / waste stream at a per hour service cost. Or for materials you have been disposing of in the past and want to review options when $20,000 or more is involved in your historical costs for storage / analytical / disposition we will do all the work for a percentage of the SAVINGS and if we can’t save you any money based on your previous invoices we don’t get anything.

SPCC / (RCRA) Facility Response
Plans / Minimization Plans

• Plan development / update as required.
• Closure, Post Closure Plan Development and update
• Closure approaches can change as technologies improve resulting in reduction of closure bonds / insurance or regulatory compliance update.

N.O.V. – RCRA Litigation Support

• VRM staff has significant experience in agency interaction regarding RCRA issues and can assist in all aspects from expert opinion to being your representative with the agency.
• Litigation support from preparation of compliance requirements associated to an issue or providing expert testimony.

40 CFR Reference

(Answer 1) Definition of a solid waste. (a) (1) A solid waste is any discarded material that is not excluded by (Answer 2) or that is not excluded by variance granted under (Answer 3) and (Answer 4). (2) A discarded material is any material which is: (i) Abandoned, as explained in paragraph (b) of this section; or (ii) Recycled, as explained in paragraph (c) of this section; or (iii) Considered inherently waste-like, as explained in paragraph (d) of this section; or (iv) A military munitions identified as a sold waste in 40 CFR (Answer 5).

TO WIN A $25 GIFT CARD BE ONE OF THE FIRST 5 TO RESPOND VIA E-MAIL TO THE EDITOR WITH ALL 5 ANSWERS AS TO THE MISSING REGULATION CITATIONS. THE WINNER WILL BE DRAWN FROM THE FIRST 5 CORRECT RESPONSES …. IF THIS WON’T GET YOU TO ACTUALLY LOOK AT THAT 40 CFR NOTHING WILL !!!!! EDITORS DECISION IS FINAL !!!!!

Used Oil or Waste Oil?

A little editorial note, as you will see opinions / information sharing from me or other contributors in this newsletter they will include shared personal experiences about some of the issues. Part of any discussion is not only the facts and arguments / positions regarding issues but comments / observations / experiences from a personal perspective.

Used Oil or Waste Oil seems to be a challenging concept for some so in an effort to explain differences we will identify regulatory definitions and common uses as well as miss-use of the terms. We don’t have enough space to go into all the issues related to Used Oil or Waste Oil. But, I hope to provide more understanding and at least give you a direction to investigate further if you think you may be misapplying the definitions. Please remember, the focus is on non-refinery petroleum management systems, used oil and waste oil regulatory applications are much too complex to cover in this newsletter.

As a TSDF auditor it is very interesting and occasionally very educational to hear people identify how they handle their materials. As they explain their regulatory application approach for petroleum materials received, stored, managed and what they believe their disposition options out of the facility are. One thing I have always enjoyed about the challenge in this area of environmental practice is how several roads or interpretations to compliance exist regarding the same objective. However, I hope some folks are not having the same conversations with regulators.

First, the Regulatory Reference and Definition: 40 CFR PART 279 – STANDARDS FOR THE MANAGEMENT OF USED OIL

40 CFR 279.1 – Used oil means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.

From EPA Guidance
“Used oil is defined as any oil that was refined from crude oil or any synthetic oil, and that is used and as a result of such use is contaminated by physical or chemical impurities. Used oil and waste oil are not interchangeable terms. Waste oil or oily waste does not always meet the definition of used oil. Bottom waste from oil storage tanks or virgin oil spill residue may be contaminated with impurities but still not meet the definition in §279.1 because these materials have never been used.”

As always you need to consider what the state requirements are which typically may help to define the definition more by considering application of Origin Use and Contamination criteria discussed in various EPA documents.

Typical materials but not an exclusive list that would typically qualify as “Used Oil”:

• Compressor Oil
• Coolants
• Copper-and aluminum-wire drawing solution
• Electrical Insulating Oil
• Emulsions used as lubricants
• Engine Oil (typically includes, gasoline and diesel, engine crankcase oils and pistonengine oils
• Heating Media
• Industrial Hydraulic Fluid or process oils
• Laminating Oils
• Lubricant Sprayed Onto The Bull Gears Of Cement Kilns
• Metal-working Fluids and Cutting Oils
• Mineral Oil
• Oil uses as buoyants
• Refrigeration oil
• Synthetic oil
• Transmission fluid
• Used oil residues or sludges resulting from storage, processing, or re-refining of used oils (when recycled by burning for energy recovery)

Management and Generation concerns:

• What do you plan on doing with it – disposal / recycle / fuel blend / energy recovery?
• Never allow your used oil to be mixed with a listed hazardous waste
• If it is intentionally mixed with a hazardous waste what is the resultant mixture
• Is it spent grease – if it is you need to get a direct answer from your local regulator as the opinion seems to be open depending on the regulator
• What is your generator status and where was it generated
• "Rebuttable Presumption" issues typically focused on halogen material but is a general application rule as well
• PCB concentration
• Has the oil been mixed with anything?

Used oil is pretty straight forward if you are talking about engine oil and is collected by itself and taken to a “Used Oil” facility but when you start collecting it from many sources and decide to get rid of it you need to make sure you consider all issues. The more locations and type of facilities you collect from and accumulate the more concern you should have for potential non-compliance.

Common pitfalls I have seen in my auditing and EPA example issues:

• Storage labeled incorrectly, typically labeled as “Waste Oil” which is a waste.
• Not doing any type of halogen testing either in the field or prior to off-loading.
• Collecting and combining used oil with materials not identified correctly as a “Used Oil” that allows the exemptions for management
• Identifying Animal and vegetable oil as a Used Oil
• Identifying Antifreeze or Kerosene as a Used Oil
• Various Petroleum and Synthetic solvents
• Virgin Oil Spills identified as Used Oil ( this may or may not apply as conflict in documentation and state determinations exist SEE BELOW)

Federal guidance: “virgin oil spill residue may be contaminated with impurities but still not meet the definition in §279.1 because these materials have never been used.” (Fed reference above)

From New Jersey guidance: “or unused oil that is contaminated by physical or chemical impurities through storage or handling and is determined to be a solid waste by the generator.” This would imply that if you spilled the oil and it was identified as a waste (would typically collect solids or other material contamination from clean-up) could now be managed as a Used Oil.(New Jersey WEB site)

From Texas guidance: “result of such use is contaminated by physical or chemical impurities: and as a result, has become a spent material (that is, it can no longer be used for its original intended purpose without processing). Any other material that has physical and chemical properties similar to used oil, is used in normally accepted functions of oil, and has been designated as used oil by the TCEQ.” (TCEQ Guidance For Used Oil Handlers)

• Fuel storage tank bottoms identified as Used Oil (possible hydrocarbon recovery material but not a Used Oil)
• Used Oil facility calling themselves a “Waste Oil Management Company” this happens more than you would reasonably think.
• Miss application of the Used Oil criteria as it relates to wastewater.
• Application of 279.11 Used Oil Specification rules

As it appear from all the information above Used Oil issues are not as cut and dry as one would think and we have not discussed transporters, marketers and processor issues in any real detail.

All oils not Used Oils are waste oils when meeting the definition of a solid waste and depending on associated hazards must be handled accordingly. Remember “waste oil” for storage or disposal is a waste and if hazardous it is a hazardous waste and triggers a significant amount of compliance issues not associated with Used Oil Management.

--Ron Gemeinhardt

Environmental Fact: Used oil from a single automotive oil change can spoil one million gallons of fresh water for an entire year. (Pennsylvania Department of
Environmental Protection).

Why a RCRA Compliance Centralized Approach Can Be One of the Best Business Decisions You Ever Make

A CENTRALIZED APPROACH of the management of residual materials allows for decisions to be controlled by a small group of trained staff who identify, define, audit, produce procedures and guidance applications to operational needs, train and disseminate requirements to all other staff.

Time efficiencies alone can justify the approach, but there are more benefits, examples: a) prevention of independent decisions by field staff or different supervisors eliminating inefficiencies and non-compliance just by the nature of how people interpret different requirements or have different skill sets, training or experience, b) elimination of unnecessary analytical by field staff or consultants because of a lack of consistent defined characterization approaches, c) eliminate responses to agency inquiry or N.O.V.s that are not consistent as to company policy or regulatory application interpretation are the major ones among the benefits.

The number of how many people you need varies with overall responsibilities, types and numbers of facilities but it can, in my strong view, and should be done with fewer people than I see in most organizations now. Caution: As in any reorganization management has to be careful not to identify too few staff for this critical compliance area or build in recognition for when and what areas additional contract staff may be needed to augment company staff to meet the compliance workload.

If you were to design a centralized approach management system you start with who is in charge – who your RCRA person is – the designated person (what makes a good RCRA specialist is for another article … I will give you a hint it is not education alone) that will help insure consistency throughout the organization for current activities and if something changes outside the organization i.e.; regulations / compliance requirements will ultimately decide what compliance means for your organization not leaving it up to each facility or operating unit ….. yes there is consultation, research, operational option considerations etc; and it is very much a collaborative activity but ultimately autocratic not democratic. One management consideration is that if your RCRA person thinks they know everything related to RCRA and all its compliance requirements at their immediate recall – YOU DON’T HAVE THE RIGHT PERSON - but that issue aside, please remember that ultimately ONE designated environmental person needs to decide and the rest of the organization needs to follow. Along the way someone may want or need to seek legal counsel to support, help modify or refute a position; any mature RCRA specialist accepts this request from others and seeks this option themselves when warranted. Legal counsel should rarely be needed in a normal competently managed day to day regulatory application activity but is invaluable when things go south, a major change in policy is considered or compliance approaches that are in the gray area.

My personal experience in utilizing counsel is that most are good at procedural issues or defining the potential harm civil or criminal but having in-depth RCRA understanding is rare. I do have to say it has been my pleasure and good fortune to work with a few who actually were extremely knowledgeable in RCRA application and the law. Unfortunately, I also have had to utilize a few because they were the “Environmental Attorney” for an operational area or client that maybe should of at least opened up 40 CFR occasionally. Please seek “competent” legal advice when needed, quality of counsel does make a significant difference in the bottom line and don’t hesitate in getting a “second opinion”. If as management you are not willing to support your RCRA specialist by doing what needs to be done either in demonstrated support or staff discipline then one of you needs to move on. What a lot of people don’t understand is that very definite PERSONAL liability goes along with this job. No job is worth going to jail for.

From that one RCRA person you then determine how many others you need to meet your operational and overall support needs. I have been involved with systems / facilities that had 6 and went to 4 and others that had 50 and went to 10, also, don’t forget the contractors, as you are responsible for their activities on your behalf you need to account for what resources you will need for their oversight and how the policies and procedures will be managed utilizing them. Unless operational or compliance requirement needs change drastically I have never seen a review produce more staff requirements than when you started UNLESS you were significantly not staffed appropriately to begin with. As system complexities vary widely and you may not have internal staff capable or just want an outside perspective, you may need to seek a consultant to help in determining the effective numbers. The time needed and costs for this organizational step are well worth it.

The bullet list below gives you some targeted objectives which when focused on RCRA compliance will give your program effective scope that meet guidelines for an effective Environmental Management System (EMS) elements in this area:

• Set an environmental policy (waste management / minimization,
• Determine significant environmental impacts, set goals for compliance and environmental performance,
• Assign responsibility,
• Have a well defined chain of command for policy making – lines of authority
• Written process management and operational procedures
• Defined policies and practices for all residual management activities,
• Implementing, documenting program practices,
• Defined training program, Effective internal and external auditing program,
• Integrate Emergency Response with residual management practices,
• Process for evaluating and measuring effectiveness,
• Be able to demonstrate performance.

This approach should enable the facility to maintain or enhance compliance, decrease environmental risks, and promote pollution prevention. A summary of benefits follows:

• Insure consistent corporate policy / Federal / State application of requirements
• Centralized responsibilities increase efficiencies and productivity of specialized environmental staff
• Allow for field personnel to concentrate on other issues important to the business unit
• Increase cost leverage if you let the environmental staff control / limit the environmental (residual) service providers
• Policy or compliance workload adjustments are easier to make with a focused smaller group
• Provides all internal customers with a focused interface who should be able to recognize synergies related to meeting compliance requirements and contractor use

With the good, some people, at all levels, see some negative issues:

1. Loss of control that is usually due to a lack of trust or recognition that someone else may actually know what their needs are and respect their input. From personal experience this is a tuff one but the sure way to have it create a problem is not to recognize it as a possible elephant in the room.
2. Insufficient central support focus on specific residual (waste) issues / concerns. If the person managing does not recognize this as a real feeling and organize the group to deal with everyone’s needs you will fail.
3. WE ARE NOT GETTING VIOLATIONS WITH CURRENT WASTE PRACTICES / PROCEDURES – or IF IT AIN’T BROKE WHY FIX IT. “Current” is a moving target and you have to have an organization designed to maintain change because if you have not realized things change you just have not been paying attention. We all have to do more with less and this is one way organizations can help themselves manage resources more effectively.

Overall, I don’t know of a better decision that can not only help insure your RCRA compliance but save you money in the short term and long term than applying a Centralized Approach.

--Ron Gemeinhardt

October Compliance Issue: Waste Labels

Label infractions are one of the most often cited violations in the country. Lack of compliance results in a tremendous amount of fines and workload for your environmental staff to respond to what should be a very avoidable violation. You have little interpretation room especially when it comes to container labels 119 gallons or less. Your defenses are minimal when the regulator sees a container not labeled, or my favorite, a container labeled with nothing written on the label. Like all other procedures you should have written instructions and train on labeling requirements.

Reference: 40 CFR 262.34(a) (2-3) and (d) (4) require generators who accumulate hazardous waste (or what may turn out to be hazardous waste) for 90/180/270 days to clearly mark each container with: Note: Don’t forget labeling also apples to “Satellite Accumulation” and YOU MAY HAVE ADDIITONAL STATE REQUIREMENTS.

• The words “Hazardous Waste,” and the date upon which each 90/180/270 day accumulation period begins. Example on-site use only label see “A” above.

Offsite shipments of less than 120 gallons as of September 2006 (use to be 110 gallons or less) must comply with 262.31, 262.32(a), 262.32(b) and packaging requirements in 49 CFR 173, 178 and 179. Example offsite shipment label see “B” above.

262.32(b) requirements are wording requirements on the label that focus on RCRA issues. The label has to contain the following:

• (words) Hazardous Waste – Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency
• Generator’s Name and Address
• Generator’s EPA ID number
• Manifest Document Number (Manifest Tracking Number starting September 5, 2006)

Don’t forget the labels also have to be durable. If you use a commercial label make sure it meets Federal AND State requirements.

Also included above as Example “C” is a Non-Hazardous label. You should always label your waste non-hazardous when it applies - as soon as it applies.

Remember if you first don’t know what your waste is when generated you must label as hazardous until you do know.

If you have misspelled words, use improper codes or smeared entries they are all causes for citations and/or fines. Make sure the label can be seen without having to move the container. (Remember hazardous waste container storage also has periodic inspection requirements while drums are stored on-site or if you have an identified storage area.)

The labels above are good examples of commercially available labels through safetysign.com but other suppliers are just as good. As all the label examples indicate they also have a spot for “Contents” which I believe is a critical Safety criteria. You not only label for compliance purposes, but safety as it lets people know what specifically is in the container: especially agency staff and emergency responders (ER). The last thing you would want to happen is have an emergency at your facility and ER use limited resources to deal with drums nearby mislabeled or no labels that take away from dealing with the overall emergency. RLG

Label Examples printed with permission from: www.safetysign.com

Recycle/Recovery Notes: Reasons Why!!!

Reduced Liability Risk

• regulatory compliance
• civil liabilities

Reduced Operating Costs

• waste management and disposal costs