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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