Contaminated Debris under RCRA

As with contaminated soil, debris is very different in physical form from the process wastes that EPA evaluated when establishing LDR treatment standards. The definition of debris in §268.2(g) is:

"Debris means solid material exceeding a 60 mm particle size that is intended for disposal and that is: a manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in Subpart D, Part 268, namely lead-acid batteries, cadmium batteries, and radioactive lead solids; process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75% of their original volume. A mixture of debris that has not been treated to the standards provided by §268.45 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection."
Several aspects of the debris definition warrant discussion:

1. Debris is material that is bigger in one dimension than 2.5 inches (60 mm).
2. Debris is material that is intended for disposal. When manufacturing operations are shut down, a very common material that is encountered is metallic equipment and components that might be contaminated with hazardous constituents. If this material is recycled instead of disposed, it is not "debris" subject to the LDR debris standards. In other words, recycling rather than disposing material may eliminate the need to comply with the debris standards.
3. Examples of manufactured objects that are "debris" are gloves and other personal protective equipment, solder paste wipes, pipes, pumps, valves, etc. that will be disposed (perhaps due to radioactive contamination that makes them nonrecyclable). [RO 14660]
4. An example of plant material that would be "debris" is a tree stump.
5. An example of geologic material that would be "debris" is a rock.
6. The language about intact containers addresses drums that might be dug up as part of a remediation project. If the drums contain hazardous waste and are intact, the contents of the drums must be treated to meet §268.40 standards for whatever waste codes are associated with the contained wastes. In other words, intact drums of hazardous waste are not eligible for the more lenient alternative treatment standards for debris. On the other hand, if a ruptured drum is excavated, it may be managed under the debris standards.
7. The language about material being primarily debris based on visual inspection implies that it is not necessary to run a sieve analysis to determine if a waste is mostly debris, as opposed to something else (e.g., soil). A visual assessment is all that is required.

 

Credit: Full Article

Citadel Expands Environmental Geology Group and Opens San Diego Office

We are excited to announce Citadel's acquisition of the San Diego-based staff of Barajas and Associates, a strategic acquisition that will expand Citadel's well-established Environmental Geology capabilities, as well as provide a local office in the San Diego, California market. 
What this means to our Clients:

Our newest employees have extensive environmental assessment, design, and remediation experience as part of an on-going $20 million IDIQ Environmental Services contract with the U.S. Naval Facilities Engineering Command, Southwest Division (Navy) in San Diego for the past eight years, plus a wealth of private industry experience.  While our clients have been able to rely on our staff to complete complex projects, the public sector skill set and educational qualifications that our new staff members bring to Citadel take our abilities to an even higher level.  There are few projects in complexity and size that Citadel can't handle from transactional projects to Superfund site clean-ups.

  

Eli Vedagiri, M.S., P.E.

Eli has been the program manager for the Navy contract since 2004.  During this time, Eli managed an extensive amount of work, which included:  environmental, legal and real estate issues of property transfer and development; fuel tank closures; complex contaminant characterization; remediation and Operations and Maintenance (O&M) projects; landfill maintenance, construction, monitoring, and drainage improvements; RCRA and CERCLA related activities, geotechnical surveys, and many more projects.  Prior to this, he worked directly for the Navy beginning in 1994, and in that time built an excellent rapport with Navy Remedial Project Managers (RPMs), Lead RPMs, Base Realignment and Cleanup (BRAC) Environmental Coordinators (BEC), Base Closure Managers, and Remedial Technical Managers.  He has managed projects at almost every Navy and Marine Corps Installation in California, Nevada, and Arizona and has developed long-term relationships with base environmental, public works, and facilities personnel as well. Eli began his career in Environmental Engineering in 1991 working with numerous other public agencies such as Walnut Valley Water District, City of San Diego, Port of San Diego, US Army Corps of Engineers; private sector clients included vehicle rental and real estate companies.  Eli holds a Master's of Science in Environmental Engineering from Oklahoma State University, as well as a Bachelor of Civil Engineering from India.

Parveen Kumar, M.S., P.E.  

Parveen joined the IDIQ Environmental Services contract team in 2005, upon completion of his Masters of Science in Environmental Engineering at Oklahoma State University.  During this time, Parveen directly managed over $7 million in environmental engineering projects including simple fuel tank closures projects, to complex contaminant characterization, and providing cost effective solutions for environmental remediation.  He also has experience in performing evaluation of groundwater hydrology and modeling of groundwater flow in describing fate and transport of environmental contaminants using 2D & 3-D finite-element models. He is well versed in performing statistical and spatial evaluation of environmental data using GIS, spatial analysis tools, and risk assessment tools. He has completed the requsite training for Quality SWPPP Developer/Quality SWPPP Practitioner (QSD/QSP) and the registration pending with Regional Water Quality Control Board. Parveen also holds a Bachelor degree in Civil Engineering from India.

Alisa Seneor  

Alisa Seneor joined the Barajas team in 2004 as the Office Manager / Project Assistant.  She is responsible for assisting with the preparation of proposals, reports, and handling the day to day office needs, as well as day to day project management from an operations standpoint.  Alisa will continue this role for our San Diego operations, and also utilize abilities to assist the Citadel Sales and Marketing team throughout the Western United States.  She has completed the requirements for a Bachelors Degree in Psychology at San Diego State University.  

 

EPA Classifieds Trichloroethylene as a Human Carcinogen

The U.S. Environmental Protection Agency (EPA or Agency) just released its Toxicological Review of Trichloroethylene (EPA/635/R-09/011F, September 28, 2011) (Toxicological Review). This publication represents the first time that EPA has classified trichloroethylene (TCE) (CASRN 79-01-6) as a human carcinogen regardless of the route of exposure. TCE had previously been classified as a "possible human carcinogen."

     

According to the Agency, the purpose of the Toxicological Review is to provide scientific support and rationale for the hazard and dose-response assessments given in its Integrated Risk Information System (IRIS) pertaining to chronic exposure to TCE. TCE is a volatile chemical widely used by industry as a chlorinated solvent; and unfortunately, it is also widely found at contaminated sites, including hundreds of Superfund facilities across the country.

The Toxicological Review concludes that based on the available human epidemiologic data and experimental and mechanistic studies, "TCE poses a potential human health hazard for noncancer toxicity to the central nervous system, kidney, liver, immune system, male reproductive system, and the developing fetus. The evidence is more limited for TCE toxicity to the respiratory tract and female reproductive system."

The chief impact of this new hazard classification will likely be on the developing vapor intrusion standards and on groundwater remediation projects.  

Credit: Full Article

Navigating Through The Fog - Loren Witkin

A friend asked me the other day about my opinion on tax reforms and which direction I thought that Feds should take.  I responded that the issue of importance to me wasn't if taxes would remain the same, be raised, or even lowered (a guy can hope, right); what was at issue was the need for predictability.  As the president of an employee-owned business, and as an environmental, health, safety and sustainability consultant that clients rely for my advice, it is difficult to create a plan or provide sound advice when the target continues to move.

It doesn't matter if it is health care, taxes, interest rates, or environmental regulations/incentives, all of which are in flux right now. Business leaders need to be able to assess the situation, formulate a game plan, and implement their plans without hesitation and with as much clarity as is possible.  Drastic reforms in health care, a rise in interest rates, and increased regulations, while maybe not preferable, are all manageable when we all know what we are facing and what we have to take into account.

Unfortunately, there is a tremendous amount of "fog" in all of the above right now and clarity does not seem to be on the horizon due to a real or perceived lack of political leadership, partisan fighting, and issues (sovereign debt, Iran, etc.) beyond our control.  Navigating a course through the fog is difficult, but we have no choice to chart some course.

My advice to clients when it comes to managing their environmental, health and safety risks, and implementing their sustainability programs (and business in general) during these uncertain times, is to develop as reasonable of a plan as you can, and follow that course with conviction.  While others are waiting on the sidelines or in safe harbors, take advantage of the fog,  stand out, and lead.  Continue implementing your sustainability programs as others are retracting theirs, garner attention for these projects while no one else is, purchase and remediate brownfields when real estate and clean-up costs are at rock-bottom, and enhance your corporate governance  image with the public and your employees, and minimize liabilities by re-affirming your commitment to your environmental, health and safety programs.  It's just as easy to be recognized right now for doing the right thing as it is the wrong thing as everyone is standing still waiting for the fog to clear.

Judge Cancels Order Prohibiting Use of SCAQMD Emission Credits

A Los Angeles Superior Court judge has revoked her 2008 order prohibiting the South Coast Air Quality Management District (AQMD) from granting emission offsets to essential public facilities including police, fire, wastewater treatment and landfills, as well as exempt sources such as business with low emissions.

"This action will ensure that in the future essential public facilities can expand to accommodate population growth and businesses can grow to support the region's economy," said Barry Wallerstein, AQMD's executive officer. "It will also help ensure our continuing progress toward clean air for all Southland residents."

Judge Ann I. Jones this month granted a motion by AQMD to revoke her previous order prohibiting AQMD from providing its emission offsets to essential public services and exempt sources such as low-emitting businesses. In her order Jones rejected arguments by environmental groups that claimed AQMD did not adequately address issues raised in her original decision.
Credit: Full Article

Citadel Welcomes New Business Development Manager - Terry McConico

We are excited to announce another addition to the Citadel family, Mr. Terry McConnico, who joins us as the Manager of Business Development.  The addition of Terry to the Citadel team promotes several of Citadel's company goals, including our goal to grow to $10 Million in Revenue within the next 3-5 years, our Goal of increased profitability, as well as our Goals of increased customers and billable hours. 

Terry joins us from Tower General Construction where, as their Business Development Manager, he was responsible for generating tens of millions of dollars in new projects since 2008.  During this time he also successfully opened an office for them in San Diego, which provided him an expansive network of contacts in that market.  Terry is also closely connected with Facilities Management, Construction, and Contracting Personnel at some of the largest Public Agencies and Fortune 100/500 companies in California.   

Terry's responsibilities with Citadel will be primarily focused on increasing business to our newest Citadel offices in San Diego and San Jose.  He will also be strategically focused on identifying growth opportunities through cross-selling as well as establishing new relationships for the company.   

Please join us in welcoming Terry!

  

Terry McConnico

tmcconnico@citadelenvironmental.com  

Nicolas Serieys, Senior Project Manager, Received CPP Certification

Citadel Environmental Services, Inc. is pleased to announce that Nicolas Serieys is one of only five applicants to pass the 2011 South Coast Air Quality Management District Certified Permitting Professional (CPP) Exam.   

  

The South Coast Air Quality Management District (AQMD) established the Certified Permitting Professional (CPP) Program to assist business owners in the expedition of submittal/approval of permit applications.  CPP's have proven competency in areas as defined by the SCAQMD, and The California Health and Safety Code, Section 42300.2, which specifically address the requirements to certify private environmental professionals to prepare permit applications.

  

What does this mean to our clients?

As a Certified Permitting Professional, Mr. Serieys now has access to the AQMD database for New Source Review (NSR) and Automated Equipment Inventory Systems (AEIS), where information can be obtained about the facility in question, such as: status of permit applications, list of equipment located at a facility, and actual and maximum mass emission rates associated with the existing equipment at the facility (NSR Balance).   Expedited permit processing will also be given to Nic as a CPP, saving our clients time, and money in potential fees.

Mr. Serieys can be of assistance of with any of the following programs or types of permitting processes:

• PROGRAMS 
• RECLAIM
• Title V
• Conventional (Non-RELCAIM/Non-Title V)
• Acid Rain
• Registration/Certification and Streamline Standard Permits  

• PERMITTING 
• Permits to Construct - required for new or relocated equipment as well as alteration (both phsyical modification and change of operating conditions) of existing equipment.  These applications always recieve a high priority for processing;  
• Permits to Operate - required for equipment that is installed, and/or is operated with or without a prior P/C (a prior P/C or in cases where no prior P/C was issued, the application act as a temporary P/O until a final P/O is processed);   
• Change of Conditions;   
• Alteration/Modification;   
• Change of Operator;  
• Plans - required under some of AQMD rules and regulations (i.e. RECLAIM Rule 2009, Excavations Rule 1150, etc.) for compliance demonstrations and are subject to AQMD approval; 
• Emission Reduction Credits (ERCs) -  for issuance of ERCs generated due to equipment shut downs or over controls;
• Title V - required for initial issuance or subsequent revisions of Title V facility permits.
  
  To learn more about the CPP program, visit the AQMD website here: http://www.aqmd.gov/cpp/     

For more information, contact Nic and/or anyone at the Citadel Corporate Office at:  

Nic Serieys, MS, CPP

 818-246-2707 (Corporate Office)

nserieys@citadelenvironmental.com

Citadel Goes Everywhere - Loren Witkin

I frequently tell clients, we'll go anywhere and do anything to assist our valued clients meet their environmental, health, safety, and sustainability needs.  This past month was no different.  In addition to our usual routine of crisscrossing the West providing services, we received calls for support from Guam to the Yellowstone River, to Chicago, and Montana.  And we don't just stay on the ground. As you can see from the below pictures of Citadel Energy Program's representative, Russell Ragsdale, repelling off of a stack, we'll even go to great heights to do our work.  I wonder if the International Space Station has any EHS&S needs?

75 in a 65, by Loren Witkin

Last month I received my first speeding ticket in nearly 30 years of driving.  My 11 year-old son and I were on our annual pilgrimage to opening day of trout season in Aspendell, California, when I was  stopped for apparently going 65 MPH in a 75 MPH zone outside of Independence (AKA - middle of nowhere) on US 395. For those of you that know US 395, there is not a whole lot of anything out there other than miles of scrub brush and desert.   While I know that I was certainly in the wrong, I was surprised to have been ticketed given that I've done the same drive dozens of times without a police escort, and that the normal flow of traffic is usually 80-90 MPH. When I asked the officer about the change in policing practices, namely, are they being more aggressive given the state's fiscal crisis, he smiled and replied, "we're certainly not getting any more money from Sacramento."

I'm not generally a conspiracy theorist, but the increased enforcement is not just limited to the California Highway Patrol.  Recently, Citadel has witnessed a dramatic uptick in the issuance of Notices of Violations (NOV) and the assessment of fines than that of the recent past.  Where we were accustomed to seeing regulatory agencies issue Notices to Comply (NTC) (basically, a warning), we are now observing the issuance of NOVs in their stead. The penalties, particularly those for NPDES violations, have run into the hundreds of thousands of dollars.  As I recently mentioned to a client who was on the receiving end of a penalty assessment (merely for a reporting oversight), Citadel is currently engaged in more matters concerning regulatory agency fee negotiations or straight out litigation than in any of our past 18 years combined. 

Again, while I'm not a conspiracy theorist, I don't think that this level of increased NTC issuance is coincidental.  So in a time when businesses have less money to spend on anything let alone regulatory compliance, they are asked to be extra vigilant on compliance. Just as I should have been driving 65 MPH for safety, gas efficiency, and because it's the law, now is the time where we need to look at our operations, assess where we are non-compliant, resolve our risks, and strengthen our companies. 

Ride For Special Kids - Citadel In Service

One of Citadel's Energy Program Team Members, Barry Smith, will be hosting the below event on September 24th, 2011 to raise money for children with learning disabilities: 

Ride for Special Kids

September 24

9:00am

A Fundraiser for the Switzer Learning Center of Torrance,

Helping children with learning diabilities 

Registration  

in the parking lot of  Pacific Yamaha Motorsports

1358 Pacific Coast Highway

Harbor City, CA

For more info visit

www.rideforspecialkids.com