Post on 27-Jun-2015
transcript
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2014 Missouri Hazardous Waste Seminar: Compliance and Enforcement UpdateDAVE COZAD, REGIONAL COUNSEL
EPA REGION VII
11/4/2014
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Gina McCarthy Speech to ABA on 10/9/14
https://www.dropbox.com/s/6iwbbm04toxfd7v/ABA_SEER_2014_Fall_Conf_McCarthy_Speech.mov?dl=0
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EPA RCRA Enforcement: FY 2014
EPA conducted 183 RCRA inspections
◦ About 50% of those in Iowa
◦ 75% of those inspections (138 ) documented RCRA violations
◦ 12 penalty actions
◦ Total Penalties: Approx $350,000
Vast majority of facilities found to be in violation returned to compliance without formal enforcement or penalty
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FY 15 Enforcement Priorities
Large TRI Reporters
Facilities subject to Subparts BB/CC (RCRA Tanks)
Surface Impoundments
Pesticide Mfg. & Formulators
Energy Extraction
Chemical Safety Near Waterways and Drinking Water Sources
Most Common Violations/Issues
Generators exceeding accumulation time (illegal storage)◦ plus violation of associated storage requirements
Generator failure to make hazardous waste determination
Generator failure to meet waste handling requirements of Section 262.34 (labeling, proper container managements, etc)
Product vs waste
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Criminal Enforcement Knowing violations of RCRA
False statements
Harcros Case:◦ No storage permit◦ 2006 internal company inventory of lab wastes
needing to be disposed◦ Subsequent inspections/search warrant found
wastes on site◦ Some highly hazardous, including phosgene
solution◦ Rusted corroded containers, incompatibles, lack
of labels◦ Guilty plea 9/25/14: Illegal storage w/o permit◦ $1.5M penalty
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Use of RCRA Section 7003
Broad Authority:
“Upon receipt of evidence that the past or present handling, storage, treatment, transportation or disposal of any solid waste or hazardous waste may present an imminent and substantial endangerment to health or the environment, the Administrator may bring suit on behalf of the United States in the appropriate district court against any person (including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility) who has contributed or who is contributing to such handling, storage, treatment, transportation or disposal to restrain such person from such handling, storage, treatment, transportation, or disposal, to order such person to take such other action as may be necessary, or both.”
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Recent use of RCRA Section 7003
Corrective Action: Lean Efforts
LEAN event held in May 2014
Participants: CA; CT; KS; Region 3 +7; EPA HQ; Industry; Consultants
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Other Hot Topics E-manifest
Vapor Intrusion and TCE risk assessment
Coal Ash Rule
Definition of solid waste rule
DICO decision on CERCLA treble damages/penalties