Updates to CA's Hazardous Waste Testing Methods
Blog post on EPA Pharmaceutical Rule Implementation
Recording of Retail Zero Waste Strategies Webinar
Link to Assembly Bill 733
$800K Hazardous Waste Settlement
Two new webinars and one recorded webinar
New Statewide bag ban legislation
RCC Webinar: Organics Waste Recycling in the US
Sustainability Webinar: RILA Sustainable Packaging Coalition Webinar
Two Upcoming Webinars
Proposed Rule: Modernizing Ignitable Liquids Determinations, April 2, 2019 (Federal Register)
EPA Proposal to Modernize the RCRA Ignitability Characteristic May Cause More Wastes to be Classified as Hazardous (Beveridge and Diamond analysis)
Final Rule: Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine
EPA webinars on the contents of the final rule - register or view archive here.
Analysis of Pharmaceutial Rule (Beveridge & Diamond)
CRC Hazardous Waste Generator Improvements State Tracking Matrix
Revising Underground Storage Tank Regulations – Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training (Source: EPA)
40 CFR Parts 280 and 281 - Revising Underground Storage Tank Regulations (Source: Federal Register)
CRC Insights: New Requirements for Underground Storage Tanks – October 13, 2018
Analysis: 2018 Deadline Nears for New U.S. Underground Storage Tank Rules (Source: Materials Performance)
States Consider 93 Bills to Restrict Chemicals in 2019 (Source: Beveridge & Diamond)
The Hazardous Waste Electronic Manifest (E-Manifest) System Homepage (Source: EPA)
California Prop 65 Website (Source: OEHHA)
Annual Reports of Settlements (CA DOJ)
Analysis of New California Proposition 65 Warning Regulations (Source: Beveridge & Diamond)
NEW American Home Furnishings Alliance (AHFA) Offers Summary Of Prop 65 Compliance Guidelines (Source: Casual Living)
Final Rule: Formaldehyde Emission Standards for Composite Wood Products (Source: eCFR)
Rule Summary: Formaldehyde Emission Standards for Composite Wood Products (Source: EPA)
Analysis: EPA’s Formaldehyde Standards: Compliance Date Moved Up to June 1, 2018 (Source: Beveridge & Diamond)
California Composite Wood Products ATCM (Source: CARB)
Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations (EPA)
EPA Issues Proposal to Streamline Requirements for Hazardous Aerosol Can Wastes by Classifying and Regulating Them as “Universal Wastes” (Source: Beveridge & Diamond)
EPA Map Tracks Implementation of Hazardous Waste Generator Improvements Final Rule at the State Level (Source: EPA)
EPA Issues Final Rule on Hazardous Waste Generator Improvements (Source: EPA)
EPA's Retail Strategy: A New Focus on Hazardous Waste Regulation (Source: EPA)
California Draft Retail Waste Aquatic Toxicity Testing Project - Master List (Source: CA DTSC)
The Lead-Acid Battery Recycling Act of 2016 (Source: CA Legislative Code)
Lead Acid Battery Fees Fact Sheet (Source: CA BOE)
EPA Press Release (09/26/2016)
EPA GreenChill Webinar (10/26/2016 at 2pm ET) This will provide an overview of the revised refrigerant management regulations with specific emphasis on how the rule changes affect supermarkets.
Effective May 11, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) requires that retailers display generic warning signs at point-of-sale if they carry BPA-containing products. This a temporary measure during the transition to direct warning labels on BPA products.
OEHHA Notice on New Signage Requirements
*NEW*OEHHA BPA Labels
What Those California Grocery Store BPA Warning Signs Mean - And How They Got There (Source: Can Science)
OSHA has modified the Hazard Communication Standard (HCS) to align with the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals (GHS). This will impact retailers with private label products and is effective from June 1, 2016.
OSHA Hazard Communication Standard
OSHA Questions and Answers on the New Standard
The Pipeline and Hazardous Materials Safety Administration's (PHMSA) Final Rule regarding the reverse logistics shipments of certain hazardous materials by highway transportation is effective as of March 31, 2016.
The Final Rule creates a new section (49 CFR 173.157) in the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) with provisions specific to reverse logistics of certain hazardous materials by highway transportation. The Final Rule adds a definition of “reverse logistics" of hazardous materials at 49 CFR 171.8: “Reverse logistics means the process of offering for transport or transporting by motor vehicle goods from a retail store for return to its manufacturer, supplier, or distribution facility for the purpose of capturing value (e.g., to receive manufacturer's credit), recall, replacement, recycling, or similar reason."
The Final Rule also expands a previously existing exception for return shipments of used automobile batteries transported between a retail facility and a recycling center (49 CFR 173.159).
Owners of emergency engines that are made available for emergency demand response must submit an annual report by March 31, 2016.
EPA Reminder - Emergency Engine Electronics Reports Due March 31, 2016
Effective in July 2015, new enforcement regulations went into effect that impose civil penalties for violations of the appliance efficiency regulations. Specifically, the new enforcement regulations identify three categories of violations: failure to register appliances in the appliance efficiency database, failure to meet the efficiency standards or comply with the regulations relating to testing, marketing or certifying that an appliance meets the efficiency standards, and knowingly providing false information in a statement made under penalty of perjury pursuant to any of the efficiency regulations. The penalty is up to $2,500 per appliance.
The International Air Transport Association (IATA) is instituting a standard limit (effective April 1, 2016) on the acceptable battery charge of lithium batteries (not to exceed 30% of their rated design capacity) when transported as cargo with accompanying requirements on the volume of packages transported, over pack labelling and loading with other cargo.
IATA Update on Lithium Batteries
IATA Lithium Battery Guidance Document 2016
IATA In-Company Training Course: Shipping Lithium Batteries By Air
IATA Classroom Training Course: Shipping Lithium Batteries By Air
Depending on the amount of waste they generate every week, California businesses will have to recycle organic wastes (such as food waste, landscape waste, nonhazardous wood waste and food soiled paper) on or after April 1, 2016. Recycling is accomplished through composting and mulching, or anaerobic digestion. The law has been chaptered in the Public Resources Code, so California will not be establishing any regulations for the law.
CalRecycle Mandatory Commercial Organics Recycling (MORe) page
Proposed Rule: Protection of Stratospheric Ozone - Update to the Refrigerant Management Requirements Under Section 608 of the Clean Air Act
EPA Press Release: EPA Proposes New Rules to Reduce Potent Greenhouse Gas Emissions
Beveridge & Diamond: U.S. EPA Proposes Range of Updates to its Refrigerant Management Requirements
Proposed Rule: Hazardous Waste Generator Improvements
Federal Register: Proposed Rule: Hazardous Waste Generator Improvements
RILA Press Release: Retailers Welcome EPA Proposed Hazardous Waste Generator Rules
EPA: Redline Demonstration of Proposed Regulatory Text
Proposed Rule: Management Standards for Hazardous Waste Pharmaceuticals
Federal Register: Proposed Rule: Management Standards for Hazardous Waste Pharmaceuticals
Changes to federal regulations for USTs include new requirements related to secondary containment, training, operation and maintenance, and more. (Note: these are changes to federal regulations and state requirements may vary.)
EPA UST page with more information.
EPA booklet for owners and operators of Underground Storage Tanks (UST) that describes the 2015 revised federal UST regulations.
In 1976, the top single was Silly Love Songs by Paul McCartney and Wings, mood rings were serious jewelry and the Resource Conservation and Recovery Act (RCRA) was signed into law. A lot has changed since then. For RCRA, this includes some recent rule changes with major implications for retail. The RCC has information on these changes including a section on the Hot Topics Page with links to proposed and new rules, plus blog posts on the specific changes.
Major changes that will impact retail are listed below.
On April 2, 2019, the EPA proposed numerous changes to the ignitability characteristic under RCRA. While mostly technical in nature, some aspects for the proposed rule could result in additional wastes to be classified as hazardous, which could increase hazardous waste volumes for some retailers (This article by Beveridge & Diamond has detailed information on the proposed changes). The Retail Industry Leaders Association and the National Association of Chain Drug Stores submitted comments on behalf of their members opposing proposed changes that increase the burden on retail but are not necessary to protect human health or the environment.
On August 21, 2019, the Pharmaceutical Waste rule (Pharm Rule) will set new federal standards for retailers and others defined as healthcare facilities to manage hazardous waste pharmaceuticals. Big news for retailers in the new rule is the exclusion of FDA-approved nicotine replacement therapies (patches, gums, lozenges) from the P075 acute hazardous waste listing. Other changes that may impact retail include the prohibition on sewer disposal of hazardous waste pharmaceuticals, and new rules around the management of waste pharmaceuticals. The sewer prohibition is effective across the country on August 21, 2019. The other elements are only effective in August for the states and territories where EPA manages the hazardous waste program – Iowa, Alaska, Indian Country, and US Territories (except Guam). For other states, the rules will be effective as the states adopt them and there could be variations from the federal rules.
The RCC Blog has several articles with more information including Pharm Rule- Key Provisions for Retailers and Hazardous Waste Pharmaceuticals – Regulatory Amendment Update for Retailers. The RCC will also be posting information on the status of state implementation. Sign up for RCC Alerts to be notified when this new resource is launched.
Hazardous Waste Generator Improvements Rule
On October 28, 2016, the Hazardous Waste Generator Improvements Rule was finalized. According to EPA's fact sheet on the rule, these changes provide increased flexibility for some generators, such as very small quantity generators (VSQGs), improve environmental protection with changes to emergency planning and revised labeling requirements, and clarify inconsistent guidance. The rule also reorganizes the regulations to consolidate them in one place and replace cross reference lists.
The RCC is tracking state adoption of this new rule on the Hazardous Waste Generator Improvements State Tracking Matrix.
On March 16, 2018, the EPA proposed a rule to add hazardous waste aerosol cans to RCRA's universal waste program, which several state programs, such as California and Colorado, already allow. Once finalized, the hope is that this rule will provide establishments, including retail, with a clear, protective system for managing discarded aerosol cans. A previous RCC article highlights why retailers have been supporting this rule adoption for years. The comment period closed on May 15th, and we should have a resolution on the immediate horizon.
To keep up with the latest news on the aerosol rule, visit the RCC hot topics page, which has a section about this proposed rule.
The RCC website has more information on these changes including a section on the Hot Topics Page with links to proposed and new rules, plus blog posts on specific changes. To stay up to date, sign up for RCC Alerts, our monthly email that touches on the latest topics in environmental compliance in retail.
The US Environmental Protection Agency (EPA) recently passed amendments to its hazardous waste regulations. These new rules, found at 40 CFR 266 Subpart P, apply to the management and disposal of pharmaceutical waste by healthcare facilities. The intent of the new rules is to provide a framework that is more efficient and effective for the healthcare sector, while still being protective of the environment and human health.
Healthcare facilities impacted by the new rules include some types of facilities commonly found in retail. These include health clinics, optical providers, pharmacies (including long-term care and mail-order pharmacies), and retailers of pharmaceuticals. The rules generally do not apply to pharmaceutical manufacturers.
The new Subpart P rules define pharmaceuticals to include prescription drugs, dietary supplements, over-the-counter drugs, homeopathic drugs, compounded dugs, investigational new drugs, electronic nicotine delivery systems (like vape pens, e-cigarettes, and their cartridges and refill vials). The rules also apply to residual pharmaceuticals remaining in containers or contaminating personal protective equipment (PPE) like gloves, and to materials used to clean up spills of pharmaceuticals. The rules do not apply to dental amalgam, sharps, or medical waste – which are covered under other rules at the federal and state levels.
The new rules focus on three main concepts that impact healthcare facilities:
Note that there are other aspects of the new Subpart P rules that apply to reverse distributors and are not discussed here.
The prevention on sewer disposal of hazardous waste pharmaceuticals was issued under the authority of the Hazardous and Solid Waste Amendments and is effective in all states on August 21, 2019. EPA has long discouraged sewer disposal of pharmaceuticals, but this rule makes it illegal for healthcare facilities and reverse distributors to put hazardous waste pharmaceuticals into the sewer system (such as discharging syringes into a sink or flushing pills down a toilet). EPA continues to discourage sewer disposal of pharmaceuticals that are not hazardous waste, and some states and municipalities have banned this as well.
In the past, EPA has required the management and disposal of nicotine patches, gums, and lozenges – and the containers and packaging associated with these items – as acutely hazardous waste (waste code P075). This has been challenging for the healthcare industry because there are very low thresholds for the generation and accumulation of acutely hazardous waste. With the new rules, EPA has determined that FDA-approved over-the-counter nicotine replacement therapy products no longer need to be managed as acutely hazardous waste. Patches, gums, lozenges, and their associated packaging can be disposed of as non-hazardous waste (i.e., municipal solid waste or trash). Other types of nicotine products, such as e-cigarettes and their associated cartridges and vials, prescription nicotine, pesticides containing nicotine, and nicotine used in research and manufacturing must still be managed as acutely hazardous waste (waste code P075). This portion of the new rules only applies in states and territories where EPA manages the hazardous waste program – Iowa, Alaska, Indian Country, and US Territories (except Guam) – on August 21, 2019. Other states have to adopt the changes before they are effective.
Finally, the new Subpart P rules provide a new framework that healthcare facilities can use for managing and disposing of waste pharmaceuticals. Facilities must either determine if individual waste pharmaceutical products are hazardous or non-hazardous, or they can opt to manage all of their waste pharmaceuticals as hazardous waste. The framework considers "potentially creditable," "non-creditable," and "evaluated hazardous waste" pharmaceuticals.
The new management framework only applies in states and territories where EPA manages the hazardous waste program – Iowa, Alaska, Indian Country, and US Territories (except Guam) – on August 21, 2019. Other states will have to adopt the changes before they are effective, and each state may choose to make certain modifications or adjustments to the Federal rules.
For more information, visit the US EPA's webpage on the new rules:
Further information can be found on the RCC website through the links below: http://www.retailcrc.org/RegGuidance/Pages/blog.aspx?i=35
EPA's new rule for managing hazardous waste pharmaceuticals (84 Fed. Reg. 5816, Feb. 22, 2019) starts going into effect on August 21, 2019. The rule creates new standards for retailers and others defined as healthcare facilities to manage hazardous waste pharmaceuticals ("HWP"), including prescription and over-the-counter (OTC) drugs for humans and animals, dietary supplements, and e-cigarette liquids.
The rule also excludes FDA-approved OTC nicotine replacement therapies (e.g., patches, gums, lozenges) from the P075 acute hazardous waste listing. This nicotine exclusion is significant because many retail stores may have been classified as large quantity generators ("LQG") and subject to onerous regulations based on the generation of only 1 kg (2.2 pounds) of such nicotine wastes in a single month. In other words, OTC nicotine replacement therapies will no longer be considered hazardous waste by EPA, although, as described below, states are not required to adopt this part of the rule.
While the new management standards for HWP eventually will go into effect in all states (see discussion of timing below), states are not required to adopt the nicotine exclusion or other "less stringent" parts of the rule. The result could be a patchwork of state adoption of the nicotine exclusion and a challenging compliance landscape for retailers.
Key Provisions of Pharmaceutical Rule
In addition to the specific rule changes listed above, in the preamble to the final rule, EPA discusses its policy on reverse logistics for all unused/returned consumer products (not only pharmaceuticals) and under what circumstances those products would become subject to regulation as hazardous wastes.
Timing of Implementation
The sewering ban goes into effect in all states automatically on August 21, 2019, regardless of whether the states have taken action. (EPA adopted the sewering ban under its HSWA authority.)
The entire rule (including subpart P and the nicotine exclusion) goes into effect on August 21, 2019 in Iowa, Alaska, Puerto Rico, and any states that automatically adopt EPA rules (e.g., New Jersey, Pennsylvania).
Other states must adopt the "more stringent" provisions before they become effective in those states, including the new HWP management standards in Subpart P. However, it is optional for the states to adopt the "less stringent" provisions, including the nicotine exclusion. States are taking a range of approaches to adoption. Ohio has announced that it will begin a rulemaking process to adopt the new EPA rule, specifically seeking comment on whether Ohio should adopt the "optional provision" excluding FDA-approved OTC nicotine replacement therapies. North Carolina has announced plans to adopt the new rule and to allow companies to take advantage of the nicotine exclusion prior to the state adopting the full rule. Minnesota has announced plans to phase in the various requirements of the new rule, with the nicotine exclusion to be effective immediately. Other states either have initiated or will be initiating rulemaking processes in the near future.
Aaron Goldberg, Partner, Beveridge & DiamondElizabeth Richardson, Partner, Beveridge & DiamondBeveridge & Diamond PC- The Environmental Law Firm
As consumers increasingly turn to e-commerce, retailers with physical stores are developing new strategies to compete against online marketplaces. What’s often missing from the conversation is the advantage that retailers gain by incorporating circularity into their business model, for example through customer-facing takeback programs. Brick and mortar stores can offer an immersive retail experience that no e-commerce platform can match by engaging customers in a cause, and infusing meaning into the store trip by providing customers with relevant recycling solutions.
It's no longer gossip, EPA has really released the final RCRA Pharmaceutical Waste rule (affectionately known as the "Pharm Rule"). The pre-publication copy can be found here. A few highlights that are relevant for retail are listed below.
As a quick reminder, this rule sets standards for the handling of hazardous waste pharmaceuticals. This rule applies to healthcare facilities and reverse distributors that "generate and manage hazardous waste pharmaceuticals" and not to pharmaceutical manufacturers. The term "healthcare facility" is fairly broad and in addition to treatment facilities it includes "any person that is lawfully authorized to … distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals." As a result, health clinics and retailers of pharmaceuticals are affected by the rule.
EPA did not go forward with its proposal to classify all pharmaceuticals sent by a healthcare facility (the definition of which includes many retail facilities) to a reverse distributor as wastes starting at the healthcare facility. While EPA did finalize this approach for prescription pharmaceuticals, it reaffirmed that non-prescription pharmaceuticals and other retail items managed by a reverse logistics center are not wastes at a retail store if they have a reasonable expectation of being legitimately used/reused or reclaimed.
The new requirements are in 40 CFR Part 266, Subpart P – Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine.
EPA acknowledged common sense by excluding "patches, gums and lozenges that are FDA-approved over-the-counter nicotine replacement therapies" from the P075 acutely hazardous listing in the final rule. Importantly, the Agency did not re-classify these items as non-acutely hazardous wastes, but rather excluded them from RCRA regulation entirely.
However, this exclusion from RCRA does not include e-cigarettes, e-liquids, or prescription nicotine replacement therapies.
Close up your drains because EPA finalized the prohibition on sewering hazardous waste pharmaceuticals. While drain disposal of non-hazardous pharmaceuticals are not covered by this ban, EPA discourages this practice. Traces of medicines are turning up in streams and lakes and the impact that drain disposal will have on the ecosystem and human health is still unknown.
The final rule will be published in the Federal Register in the coming weeks (could that be delayed because of the partial government shutdown?) and will become effective at the federal level six months after publication. The prohibition on sewering will take effect in all states at that time.
However, the rest of the rule will generally not become effective in the states until they act to adopt the rule (except for states like Iowa and Alaska that do not have their own authorized hazardous waste programs, or states like New Jersey and Pennsylvania that automatically incorporate new federal hazardous waste rules). All authorized states must eventually adopt the rule as EPA is taking the position that Subpart P, as a whole, makes the federal program more stringent than before (even though there are some less stringent elements). However, because the new exclusion for nicotine patches, gums, and lozenges is a less stringent provision, states will not be required to adopt that exclusion.
For useful links on Changes to RCRA, visit the CRC Hot Topics Page. To stay up to date on this and other regulatory changes, sign up for CRC Alerts.
Wasted food is costly for your company, the environment and consumers. The 130 plus billion pounds of food thrown out in the U.S. every year is worth over $161 billion and contributes to greenhouse gas emissions (decomposing food in landfills generates methane), as well as negative impacts from farming including pesticides, energy use and water pollution, transportation and refrigeration. Plus, what was once considered solely a sustainability issue is now turning into a compliance issue as jurisdictions are starting to ban organic waste or require composting.
Retailers are key to reducing food waste because they are involved in some aspect in the entire flow of food from producers to retail operations to customers. Many retailers are stepping up to the plate to reduce waste, here are some of the top actions that your company can take to reduce waste.
1. Be Transparent: report on waste and your efforts, and consider setting public waste reduction goals
Corporations often shy away from setting public goals, it's too easy for missed goals to generate negative press. But this has not stopped mega-retailers, Ahold Delhaize, Kroger and Walmart from setting aggressive food reduction targets. Public goals signal a company's commitment and the support of their leadership. It also helps internally to keep attention and resources focused on the issue. Why, even the U.S. has a public food reduction goal-- to reduce food loss and waste by half by 2030 (to align with Target 12.3 of the UN Sustainable Development Goals).
Did you know that if food waste was a country, it would take third place behind the U.S. and China in contribution to climate change? This means that food reduction (under Scope 3 emission) can help you achieve your greenhouse gas reduction goals, the proverbial two birds with one stone approach.
2. Join your Peers
Coalitions and organizations can create momentum around an issue, achieve greater results than companies acting alone, and help implement industry-wide solutions. Member companies can also get resources and tools to help them solve challenges and receive positive recognition for their efforts. Groups may set national goals for their industry, ask members to make commitments, provide education, or conduct research and policy development. Examples include ReFed – a stakeholder driven nonprofit that is analyzing food waste to identify the most effective solutions, the Consumer Goods Forum Food Waste Initiative with a commitment to "halving food waste by 2025" and the Champions 12.3 executive coalition focused on "accelerating progress toward achieving SDG Target 12.3 by 2030."
3. Implement or turbo charge your waste reduction programs
If you don't have a strong program for reducing food waste or you are not sure if your current efforts are working, now is the time to get moving. A good program can not only reduce food waste and greenhouse gases, it can save money and help build a positive reputation. In other words, a good program is a win-win for your company, your customers, and the planet. Now that's triple bottom line thinking!
There are many resources for getting started or optimizing your program. The U.S. Environmental Protection Agency's Food Recovery Hierarchy can help guide your thinking. The Center for Retail Compliance (CRC) also has links resources on the CRC Waste Page. It may help to look at your operations through the lens of the circular economy. For more information about building an economy that is "restorative and regenerative" visit the Ellen MacArthur Foundation for information, resources and inspiration.
Don't forget that your vendors are a valuable resource. They see challenges and solutions across many companies and can be part of a solution.
4. Don't forget your customers
Another bad statistic--U.S. consumers throw out about one pound of food per person per day. As a retailer, you are in a unique position to help your customers reduce this waste and save money. Efforts like improving packaging and food date labeling and education on the issue can help reduce consumer food waste. With consumer's purchasing decisions increasingly influenced by sustainability factors, efforts to help them reduce food waste can improve customer relationships and loyalty. (World Resources Institute, Can Reducing Food Waste Solve the Customer Loyalty Problem?)
The CRC Retail Sustainability Leadership Model can help you design and implement your overall sustainability program. The CRC Waste Page has more information and resources on food waste.
Tiffin Shewmake, Center for Retail Compliance
On January 1, 2019, businesses in California – including retailers – that generate at least 4 cubic yards of commercial solid waste will become subject to the state’s mandatory organics recycling program, run by CalRecycle. This program requires covered businesses to recycle all of their organic waste. Certain retailers, for example most grocery chains, already are subject to the program as generators of more than 4 cubic yards of organic waste, and many local jurisdictions have already rolled out implementation and enforcement programs. Nevertheless, as smaller and more types of retailers become subject to the program in January 2019 and as local jurisdictions are forced to expand their programs to incorporate an increased number of regulated businesses, many questions will need to be answered and retailers can expect additional regulatory complexity and scrutiny to the already multi-layered environmental regulatory framework in California.
Angela Levin, Troutman Sanders
In July 2015, the U.S. Environmental Protection Agency published major revisions to the federal underground storage tank (UST) regulations under 40 CFR Part 280 to:
The revised federal rules affect UST owners and operates differently based on the state where the facility is located and whether that state has received state program approval (SPA) under 40 CFR Part 281. In SPA states, owners and operators must continue to follow their state requirements until the state changes its requirements or until the state's SPA status changes. In non-SPA states, owners and operators must meet the federal requirements according to the schedule described below.
While many of the new federal UST requirements have been in place for several years, additional requirements will become effective on October 13, 2018. The new requirements include:
Information on the new federal requirements is available at https://www.epa.gov/ust/revising-underground-storage-tank-regulations-revisions-existing-requirements-and-new.
Melissa Krah, Mabbett & Associates Inc.
Not only must retailers who operate across the U.S. follow federal and state environmental regulations, they must also follow any applicable county-level regulations. Knowing just how difficult it is to identify and track regulations at the county level, we created a pilot county-level regulatory search feature to help you find pertinent environmental regulations.
This fourth article on the dimensions of
The Compliance Leadership Model (CLM) is focused on the processes and tools that underpin an effective compliance program.
Today we are looking at the dimensions related to
Compliance Support Systems.
Find out in a
free webinar May 9th from 1-2:30 pm EST.
Tiffin Shewmake, Center for Retail Compliance
This is the third article on the dimensions of the
Compliance Leadership Model (CLM). The previous two covered the elements that underpin an effective compliance program such as processes for understanding legal requirements, defining the scope of the program and getting support from top management. This article focuses on the compliance programs for specific regulatory areas or as you may think of it – where the rubber meets the road.
Today we are looking at the third dimension,
Operations are where compliance requirements are implemented and where non-compliance can occur. This is an area where companies can use analysis to reveal potential risks and find opportunities to reduce this risk and improve compliance performance. It is also where companies can move beyond compliance to improve environmental performance and show leadership in more sustainable operations.
The key to an optimal program is to match the dimension level with the company's operations, risks, goals and culture. The process of deciding which programs are best implemented at the Essential Level and when they should be at the Structured or even Proactive Level, helps companies identify risk and use their resources where they and the environment will get the most benefit and best results.
Sub-dimension 6 |
Store and facility operations
Written Standard Operating Procedures (SOP) help companies maintain compliance, minimize risk, and promote consistency over different facilities and over time. All organizations should have some written SOPs to explain what needs to be done to stay in compliance. Across the program levels, SOPs become more comprehensive and detailed. SOPs at the Essential and Structured levels focus on compliance, while at the Optimized and Proactive levels, they are also used to prevent environmental harm and encourage more sustainable thinking.
Sub-dimensions 7-13 |
Individual Compliance Programs
The next 7 sub-dimensions cover specific regulatory programs that apply in retailer. The program areas are:
These program levels follow a progression related to how the company structures their program around areas such as corporate guidance, data and risk analysis, improving environmental performance and incorporating sustainability. At the Essential Level, facilities have the primary responsibility for identifying and complying with regulations, overseeing contractors and generally managing the program. For many retailers, this may be the optimum approach for some or all of their compliance programs. For example, a company with only a few facilities with drinking water wells probably does not need a comprehensive drinking water program across the entire company. Remember, this does not mean that top management in these companies is not involved or responsible, just that more of the program responsibilities are at the facility level.
Other companies may find that moving to the Structured Level makes sense, especially for areas such as waste management that applies to all facilities or for areas with higher risk such as tank management. At this level, the corporation provides guidance and training to all facilities. The focus is on compliance with regulations, and companies generally do not consider environmental impacts. Depending on the level of risk and complexity of the area, this may be the most appropriate approach.
Companies at the Optimized Level start to look at how to reduce regulatory risk and compliance obligations. They analyze data to identify activities or situations that may lead to non-compliance, to promote continuous improvement of performance, and, where possible, to reduce or eliminate obligations. Companies at this level also start considering environmental impacts. For example, a company may decide to replace or upgrade refrigeration beyond basic compliance requirements in order to achieve environmental benefits such as energy savings or less environmentally harmful refrigerants.
Companies at the Proactive Level are looking to go beyond compliance to get positive environmental and company benefits from their compliance programs. They may set ambitious goals for zero waste facilities, no stormwater runoff or programs to reduce the number of potentially harmful chemicals in their products. In some cases, these goals can reduce or even eliminate compliance obligations, while other goals may fulfill a corporate strategy of showing leadership in a particular area. Characteristics of this level include taking a proactive view of environmental performance, one that goes beyond compliance and looks along the entire value chain.
Next month we will look at
Compliance Support Systems.
Tiffin Shewmake, Center for Retail Compliance
This is the second article on
The Compliance Leadership Model (CLM) dimensions. The CLM is a framework designed to help retailers optimize their environmental compliance management and performance. Previous articles
introduced the CLM and the first dimension
Context of Compliance.
Find out using EPA's Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing
While there is significant consumer demand for environmentally preferable products and services, the exact definition of what constitutes environmental preferability is not always clear. This can make it hard for retailers to identify green products. One solution is to look for products with some type of environmental standard or ecolabel. Easier said than done. There are hundreds of private sector standards and ecolabels claiming to validate environmental and human health benefits of products and services and the credibility and effectiveness of these standards and ecolabels varies widely.
Fortunately, the EPA's Environmentally Preferable Purchasing (EPP) Program has just launched a new tool, EPA's Recommendations of Specifications, Standards, and Ecolabels for federal purchasers that can also help retailers make sense of these labels and certifications.
EPA has three ecolabels. The ENERGY STAR and Watersense labels provide information on energy and water efficient products. The SaferChoice ecolabel identifies products that contain safer chemicals. In addition to these labels, the EPP Program Recommendations cover 21 product categories and 40 private sector standards, ecolabels, and certifications. Many key purchase categories are addressed, such as cleaning products, building/construction materials, and electronics.
The federal government is using these Recommendations for its procurement decisions, to bring clarity to the market, promote environmentally sustainable products, realize lifecycle cost savings, and increase U.S. industry competitiveness. Retailers can maximize these benefits – and meet growing customer expectations - by sending a consistent message in support of credible and effective sustainability standards and ecolabels.
Tiffin Shewmake, Center for Retail Compliance
The Compliance Leadership Model (CLM) framework helps retailers optimize their environmental management programs. The six CLM dimensions define a comprehensive environmental compliance program. For each dimension, there are 4 levels with the first “Essential” level including the elements of a basic compliance program. Across the levels, programs are increasingly more integrated, include more analysis for optimization and risk reduction, and a greater focus on environmental impacts and sustainability. The optimum level for a retailer depends on the company’s operations, regulatory obligations and risk, and corporate culture. The CLM is described in more detail in a previous article.
EPA's latest Regulatory Agenda contains updates to some items that are directly relevant to retail. Below is a summary of the most pertinent updates:
Management Standards for Hazardous Waste Pharmaceuticals: The projected date for publication of a Final Rule has been postponed by one month to July 2018. Read notice.
Modernizing Ignitable Liquids Determinations: A proposed rule to update flash point test methods for the determination of characteristically ignitable hazardous waste is still scheduled for publication in August 2018. However, the notice no longer states that the proposal will include provisions to narrow the exclusion for aqueous wastes with less than 24% alcohol. Instead, it now states that "the proposal may be used to take comment on the alcohol exclusion for ignitable aqueous alcohols and whether a revision is necessary to improve existing waste management practices." This is a win for retail, as the number of products retailers would have to manage as "ignitable" increases greatly should the current exclusion be narrowed. Read notice.
Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations: A proposed rule to classify hazardous waste aerosol cans as a "universal waste" is still scheduled to be published in April 2018. Read notice.
Larry Corkey, Manager, Center for Retail Compliance
Thank you to Beveridge & Diamond for highlighting these updates.
For retail’s community of sustainability executives, communication is key. Corporate sustainability programs grow out of customer, shareholder, and employee values, so naturally these groups expect to see regular updates on what the company is up to. With so many companies talking about their programs, a variety of organizations are attempting to streamline external reporting and recognition, to more easily track progress and showcase leadership. For a retail sustainability executive, understanding what’s available can be overwhelming.
A good environmental compliance program helps protect both the organization and the environment. For the organization, improving compliance reduces the potential of enforcement actions, fines and bad press. For the environment, compliance can reduce the risk of negative impacts as protection is the objective of most environmental regulations. For example, underground storage tank requirements for training, corrosion protection and leak detection systems reduce the likelihood of a major leak. An event that could not only trigger enforcement action but also contamination.Programs designed for more than just baseline compliance can add additional value to the organization and even save money. For example, to reduce the risk of delayed permits, a retailer may identify the most common compliance requirements for equipment such as emergency generators before purchasing and installing. A program with processes to identify future or likely risks helps an organization make better decisions and reduces risk and potential disruptions. Likewise, a program that incorporates more sustainable thinking into compliance programs has the potential to reduce compliance obligations as well as environmental impacts.Another benefit of a compliance program is to communicate the organization’s focus on compliance both internally and to external stakeholders. This can help build a culture of compliance as well as provide a positive starting point for working with regulatory agencies. Most inspectors and agencies appreciate organizations that have put thought and effort into building systems to ensure compliance and factor that into their decision making. Compliance programs that include sustainability also help document an organization’s commitment to environmental protection, which can have a positive impact on perceptions about the company.But…there are challenges. Detailed compliance programs don’t spring out of the store aisles by themselves. Program design and implementation can be time consuming and expensive, and maintenance takes continuing commitment. The good program today can be ineffective in a fairly short time. Getting management attention and resources can be difficult, especially in an industry such as retail with low margins and few obvious immediate environmental hazards. Communicating the value of avoided potential enforcement and costs is not as easy as documenting direct expenses. Also difficult is evaluating program effectiveness and determining if resource levels are right.The Center for Retail Compliance (CRC) designed the Compliance Leadership Model (CLM) to help retailers meet these challenges and implement more effective environmental compliance programs. The CLM provides a framework for a retail environmental compliance program so that retailers don’t have to start from scratch or worry about knowing all the elements of an effective program. Using the CLM, retailers can benchmark their programs, internally and with their peers, to help answer questions about appropriate program levels and resources. The CLM is also designed to help retailers optimize their programs to reduce risk and look for ways to find value in the program.The CLM dimensions are built around widely accepted compliance program standards. These include International Organization for Standardization (ISO) 14001: Environmental Management Systems and ISO 19600: Compliance Management Systems, as well as the U.S. Federal Sentencing Guidelines from the 2016 Guidelines Manual, Chapter 8, Section 2 on “Effective Compliance and Ethics Program.” The first CLM level, Level 1-Essential sets out a minimum compliance program that all organizations should implement. The other levels provides additional elements to help organizations optimize their program to reduce regulatory risks and improve environmental performance. In this way the CLM is somewhat like, but not identical to, the standard maturity model. Unlike a maturity model, not every retailer will need or want to increase the level of their program for every dimension.At Level 1: Essential, the focus is on compliance with regulations and not optimization or reducing environmental impacts. Depending a company’s regulatory risk, Level 1 may be the appropriate level for many of their operations. For example, an Essential hazardous waste program would be appropriate for a clothing store with only a few items, perhaps perfume and batteries, that might be considered hazardous waste if unsalable. The subsequent CLM levels: Level 2-Structured, Level 3-Optimized and Level 4-Proactive reflect programs that are increasingly standardized across the organization and the increasing integration of environmental compliance into other compliance programs and eventually into the business strategy of the organization. In addition, organizations start to look at how to optimize their programs to be more efficient and to reduce or even eliminate compliance obligations. For retailers with many products that have the potential to become hazardous waste, this could include data analysis to identify best practices in identifying and handling hazardous waste. A step further would be to look at reducing the volume of hazardous waste—either by reducing items that become waste, for example by reducing breakage or incidence of expired products or work to reduce products that are potentially hazardous waste. The goal moves from just compliance to reducing requirements and making programs more efficient.In the higher levels, the focus goes beyond compliance to include reducing environmental impacts and ultimately to life cycle approaches. For example, an organization’s storm water program at Level 1- Essential focuses on complying with minimum storm water requirements in specific jurisdictions, i.e., to implement the minimum stormwater controls required for any given area. Organizations at the structured level start to implement common stormwater controls across all of their facilities but still with a focus on compliance. At the Optimized and Proactive levels, organizations look at not just compliance but also how to reduce stormwater impacts and may decide in some areas to go beyond compliance. In practice, this might be to implement green building standards at all sites to minimize or even completely reduce stormwater runoff. At the Proactive level, a company may also work to restore water bodies or wetlands in sensitive areas.
Retailers can use the CLM to evaluate and improve their current program and benchmark with other retailers. The initial CLM consists of a benchmarking survey and reports. Retailers can use the survey to conduct a self-assessment and set goals. For example, a company may have a good system for tracking compliance obligations and judge that they are at Level 3: Optimized in this area but realize that they do not have a similar program for understanding environmental impacts. They may decide to set a goal to implement a level 3 program for environmental impacts to stay competitive and increase the likelihood of being prepared for unexpected issues.
For internal benchmarking, retailers can take the survey for different company areas such as function (stores or distribution centers), regions, or different banners. This can help identify places which may need additional resources or are implementing best practices that could be replicated across the organization.After taking the survey, Companies will get a benchmarking report that shows their answers and also their peers’ responses. Specific company information is confidential and only shared with the company (i.e., only sent to the individual identified as the main contact on the survey). Benchmarking comparisons are against the average responses for their peer group, generally based on store format. Companies can use the benchmarking to evaluate their goals and decide if their resources are appropriately allocated or if their approach is helping differentiate their brand, especially for companies at or with goals for the Proactive level. The CLM is designed to work with the CRC’s Retail Environmental Management System (EMS) Guidance. This material, based on ISO 14001, is customized for the retail industry and can used for more in-depth gap analysis of programs and to develop or update an EMS. The material also includes tools and sample documents that can be customized.The CRC is developing an automated version of the CLM, with personalized company dashboards so that users can see their CLM response, track performance towards goals and view benchmarking results without having to wait for a static report. The system will also provide suggested resources to help companies move from one level to the next. The CRC is also planning to implement this approach for the Retail Sustainability Leadership Model and the Retail Energy Management Leadership Model, enabling users to seamlessly view their performance over these programs. Because the CLM is based on standard compliance program elements, it the future it can be implemented for other compliance areas such as safety.The CRC is a free resource for the retail industry focused on providing resources and tools to help retailers comply with environmental regulations. Learn more at www.retailcrc.org. Be part of the CRC by participating in the CLM survey, Contacting Larry Corkey at firstname.lastname@example.org for more information.
What do aerosol deodorants, air fresheners and hairstyling products have in common with industrial waste? If you guessed not much, you’re right! The latest news from the Environmental Protection Agency (EPA) indicates they will issue a proposal in April 2018 to allow aerosol cans to be treated as “universal waste” – a long encouraged move that will distinguish common consumer product aerosol wastes at greater than 100,000 retail establishments from wastes produced by heavy industry. A move that just makes sense.
Sustainability applies to just about every facet of retail. For this article, I looked at direct impacts to the environment as well as costs and risks to the retailer from products and operations. Your focus and operations may differ but all of these areas are likely to be important in one way or another to your company.
# 1 Natural Resources in the Supply Chain
Products are the essence of retail so it's no surprise that natural resources top the retail sustainability list. The two main aspects that affect retail are the environmental impact of using raw materials and the risk of supply chain disruption. All natural resource use has some negative environmental impact and increasingly, a public that cares about minimizing it. Palm oil is one example as concerns over deforestation have pushed retailers to find more sustainable sources. A measure of these concerns is the proliferation of product certifications around sustainable attributes.
The other side of this issue is the potential of supply chain disruption from natural resource constraints. The impact of climate change on agriculture is a potential threat, for example, decreases in cocoa and coffee production are predicted. Other concerns include unsustainable harvesting, such as the many fish stocks that are at or over sustainable harvest limits and increasing water scarcity.
Understanding and responding to these issues is critical to meeting the challenge of operating more sustainably, reducing business risks and meeting consumer demands. The CRC page on Materiality and Risk Identification has more information on how to identify your risks and opportunities.
# 2 Environmental Impacts of Products
There are environmental impacts all along a product's life – natural resource extraction, water and energy used in production, pollution, transportation, use of the product and finally disposal. Some issues are unexpected, like aquatic pollution from microbeads that resulted in a microbead ban. Others are expected but can be controlled or, in some cases, eliminated, for example biodegradable packaging to eliminate plastic in the environment. There are also regulatory requirements designed to reduce negative impacts from product use such as emissions criteria for engines or sales restrictions, for example, on VOC levels in products.
Environmental aspects can also be positive, such as more energy or water efficient products. Increasingly, especially in construction, the Life Cycle Assessment of a product, an analysis that captures the environmental footprint and allows comparison of products, is important.
The way retailers address the environmental impact of products has a potential for positive results or major headaches. The CRC Sustainability Leadership Model helps retailers design programs to improve environmental performance and the Tools Page features a matrix of VOC limits by state.
# 3 Energy and Greenhouse Gases
Energy has huge environmental impacts, especially emissions of greenhouse gases and hazardous air pollutants from fossil fuel use. Energy efficiency and renewable energy can significantly reduce these impacts and also help retailers save money. An example is how more efficient lighting reduces emissions and saves money on energy while also reducing maintenance costs and waste. The retail industry is a leader in renewables; major retailers top the list of solar megawatts installed. Renewables are cleaner, cost competitive with conventional energy, provides companies with fixed energy costs and appeal to consumers looking for greener companies.
Transportation is another area where reducing energy use can save money. More efficient or alternative fuel vehicles, better management systems, planning and other approaches can reduce cost and environmental impacts. Visit the CRC Sustainability in Retail Logistics & Transportation page for more information.
Refrigerants can be potent greenhouse gases and also deplete the earth's protective ozone layer. To reduce this impact, the Clean Air Act covers refrigeration and air conditioning equipment. The CRC Refrigerant Fact Sheet has more information on these regulations.
The Retail Energy Leadership Model provide retailers with a roadmap to optimizing their energy programs and the Retail Operations page has information on financing energy projects.
# 4 Chemicals and Toxics
Many products contain chemicals. While most are not harmful, some have the potential to harm people or the environment. Many retailers are working to take these chemicals out of their products and supply chain. This can be a challenge; retailers have to work with manufacturers to find alternatives that are safer but don't affect cost and performance. Consumers want these safer products and retailers that can deliver have an advantage. Like natural resource sustainability, there are product certifications for safer products such as the Environmental Protection Agency's Safer Choice or the EWG Verified labels. The CRC Chemicals and Toxics in Retail and its Supply Chain page has more information.
There are also regulations, some at the state level, that ban or require labeling for specific substances. California's Prop65 has labeling requirements for over 800 substances and some states have bans that apply to specific uses such as in children's toys. The CRC Product Compliance and Toxics page has more information on regulations.
# 5 Waste
Waste is a problem on many levels because by definition it's, well, waste. Wasted money for products that can't be sold and for disposal costs, wasted resources when material is thrown away, and wasted benefits when items are not recycled. Waste has significant environmental impacts – landfills generate methane, which is a potent greenhouse gas, plus the environmental impacts from creating a material that is now thrown way. However, waste management is an exciting area as more facilities move towards the zero waste concept, and develop innovative approaches to reducing and reusing waste.
Many communities are implementing regulations to reduce waste and encourage recycling. This can include bans on non-reusable bags (the CRC Consumer Bag matrix has state and local regulations); landfill bans on specific items, including food waste; regulations on electronic waste (the CRC e-Waste matrix has state details); and increasingly, extended producer responsibility (EPR) requirements, many of which apply to retailers.
The application of hazardous waste regulations to unsalable consumer products has created a regulatory challenge for retailers. More sustainable approaches--reducing the amount of waste, products that might be considered hazardous, and promoting recycling—can reduce regulatory risk and costs. The CRC Hazardous Waste Page has more on this topic, the CRC Insights page has articles on hazardous waste in retail.
Operating more sustainably is a win-win opportunity for retail, customers and the environment. The Retail Sustainability Leadership Model provide the tools and resources to help retailers develop a sustainability framework improve environmental performance and take advantage of the tremendous opportunities a more strategic approach can provide.
Tiffin Shewmake, Executive Director, CRC
Retailers – here's our list of the top five environmental regulatory areas that either apply to most retailers or carry significant regulatory or environmental risk. If any of these apply to your operations, make sure that you have a good compliance program and understand what is going on at the facility level.
Applying laws designed to control waste from industrial facilities to unsalable consumer products in retail is a compliance challenge. Some consumer products such as paints, chemicals, bleach, and cleaners are easily recognized as hazardous while other products such as air fresheners, perfume, cosmetics, and aerosol cans are not so obvious. This complexity, combined with state level regulatory variations and the potential for significant penalties, puts hazardous waste as the number one environmental regulatory issue for most retailers. The CRC can help--the Tools page has two matrices on state variations in hazardous waste regulations, and the CRC Insights features articles with practical tips on managing hazardous waste.
Refrigeration is everywhere – from coolers and freezers to HVAC systems, vending machines, and temperature controlled transportation. Keeping cold has significant environmental impacts; many refrigerants are ozone depleting substances (ODS) or have high global warming potential (GWP). Ammonia refrigeration avoids these issues but triggers safety requirements. There has been significant enforcement against retailers for refrigeration management. In addition, be aware that the rules were just revised. For more information, the CRC has a Refrigerant Fact Sheet and an article about the revised regulations.
Petroleum storage tanks are primarily an issue for retailers with fueling stations, although tanks are often used with emergency generators. Both underground storage tanks (UST) and aboveground storage tanks (AST) make our list because of the numerous regulatory requirements and the potential for costly cleanups and environmental damage from leaks. States frequently cite facilities for housekeeping violations, such as missing registrations or training, issues that can be avoided with a good compliance program. For more information visit the CRC Storage Tank page and the CRC Spill Reporting matrix.
Stormwater, especially during construction, triggers many regulatory requirements and has the potential to cause significant environmental damage. Compliance is challenging as construction sites are constantly changing and stormwater regulations are primarily implemented at state and local levels. There are fewer ongoing stormwater requirements after construction. Good housekeeping practices can reduce environmental harm but it's upfront greener design that can significantly reduce environmental impacts. The CRC Water page has information Low Impact Development in addition to compliance and the CRC Stormwater Matrix provides state stormwater construction requirements.
Even waste that is not considered hazardous under the law can be a compliance headache. Solid waste is usually regulated at the local or sometimes state level, and more and more communities are banning undesirables from their landfills. Many bans are designed to promote the recycling of materials such as paper and cardboard, appliances, tires, wooden pallets and food waste. In addition, retailers must be careful about items such as electronic waste and batteries that may be considered hazardous waste. Visit the CRC Solid Waste Page for more information and the e-waste Matrix for state level e-waste regulations.
With all of these issues, your best defense is a good compliance program. This does not necessarily need to be an elaborate or expensive program, just a good understanding of the issues and systematic approach to ensuing compliance. For more information on designing a compliance program visit the Retail EMS Guidance page. We are working on new compliance tools so sign up for CRC Alerts to stay updated on these tools and new content.
In November 2016, EPA finalized revisions to refrigerant management requirements under 40 CFR 82 bringing an expanded scope, more stringent leak repair requirements, and further restrictions on the sale of refrigerants. Although provisions likely to have the greatest impact on retailers do not immediately go into effect, retailers should start planning now in order to comply with the new requirements. For example, some refrigerants currently not regulated will be under the new requirements and leak repair requirements will be more stringent.
The provisions likely to have the greatest impact on retailers, the revised leak repair requirements, go into effect on January 1, 2019. However, in January 2017 and January 2018, certified technicians, refrigerant distributors and wholesalers, reclaimers, and appliance disposal and recycling facilities will be required to comply with various new requirements.
The most significant change to the refrigerant management requirements extends the regulations for ozone-depleting refrigerants to non-ozone-depleting substitutes through an amendment to the definition of "refrigerant." Use of the revised definition in the refrigerant management process will be phased in over the next two years. Starting January 1, 2017 the revised definition will be applied to requirements governing the resale of recovered refrigerants and in January 1, 2019 to leak repair requirements.
This revised definition of refrigerant, as it applies to typical retail operations, includes Class I or Class II ozone-depleting substances and substitutes, except for the following substitutes, which are specifically exempted from regulation:
(Additional exempted substances which are most likely not found in retail include nitrogen in any application and Ethane (R-170) in very low temperature refrigeration equipment.)
The extension of the refrigerant management regulations to non-exempt substitutes was primarily meant to address hydrofluorocarbons (HFCs) and other substitute refrigerants that are potent greenhouse gases (GHG) with global warming potentials much greater than carbon dioxide.
Beginning on January 1, 2019, new requirements for maintenance and leak repair of regulated appliances go into effect. The new requirements apply only to appliances with a full charge of 50 pounds (lb) or more of refrigerant, which is the same as the current requirements. However, as of January 1, 2019, the revised definition of refrigerant is in effect for leak repair requirements, meaning these requirements will also apply to appliances using non-exempt substitute refrigerants.
Leak rates. Leak rates are expressed in terms of the percentage of the appliance's full charge that would be lost over a 12-month period if the current rate of loss were to continue over that entire period. Leak rates must be calculated every time refrigerant is added to an appliance, and if above the following leak rate thresholds, requirements for repair, retrofit, or retirement are triggered.
Leak inspections. As of January 1, 2019, appliances exceeding the leak rate thresholds must be inspected by a certified technician according to the following schedule:
Federal Register: Protection of Stratospheric Ozone: Update to the Refrigerant Management Requirements under the Clean Air Act
The EPA'S Updated Refrigerant Management Requirements: What Supermarkets and Property and Facility Managers Need to Know
The EPA'S Updated Refrigerant Management Requirements: What Technicians Need to Know
By Tim Fagan, BLR
BLR is a leading provider of compliance and training solutions in the HR-employment (DOL), compensation, safety (OSHA) and environmental (EPA) areas. To learn more, visit www.blr.com.
The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the policy or position of the Center for Retail Compliance (CRC) or the Retail Industry Leaders Association (RILA). This content is obtained from sources believed to be reliable but no guarantees are made by the CRC or RILA as to its accuracy, completeness, or timeliness.
The Holiday season produces a lot of hot, new items on the shelf. Shoppers are clamoring to get their hands on the newest gadgets or find the best gift. But, what happens when one of these items gets damaged in the aisles by overenthusiastic shoppers and needs to be disposed of? It's not very merry but many seasonal products may be considered hazardous waste.
EPA's Resource Conservation and Recovery Act (RCRA) provides guidance for the proper management of hazardous waste. Under RCRA, products which are ignitable, corrosive, reactive, toxic, or contain certain listed chemicals are considered hazardous waste. In addition to RCRA's framework, some states define hazardous waste based on other characteristics, such as a broader list of restricted chemicals or harmfulness to aquatic life. It is best to consult the appropriate state, regional, or local regulations for additional requirements. The CRC also has information on state variations in hazardous waste regulations on the State Matrices page.
Surprising seasonal products which may be considered hazardous waste include:
Cold and Flu Season:
New Year's Resolutions:
So don't forget to properly identify and manage unsalable items in the holiday rush.
Marietje Hauprich, Senior Hazard Review Specialist, UL WERCS
The UL WERCSmart platform connects manufacturers with retailers around the globe to meet critical compliance and data sharing needs.
The variability of hazardous waste regulations by state is legendary, causing extra work and stress for retailers who operate in multiple states. Or is this overstated, merely a perception driven by a few outliers? Using the Center for Retail Compliance (CRC) Hazardous Waste Variations by State matrix, we set out to see just how much hazardous waste regulations actually vary by state (plus the District of Columbia).
The CRC matrix summarizes four elements of hazardous waste regulations: hazardous waste characteristics (e.g., how to tell if a waste exhibits hazardous properties), thresholds for generator categories, requirements for Conditionally Exempt Small Quantity Generators (CESQG), and universal waste. While state regulations vary in other important ways, these four elements have a significant impact on how generators must manage hazardous waste.
Hazardous waste laws are implemented at the state level (with the exception of Alaska and Iowa). State requirements must be at least, but can be more, stringent than the federal rules. So do states go hog wild and use this authority to make major changes or do they generally follow the federal lead?
The reality is that in these four elements, state regulations are more like the federal rules than they differ.
There are exceptions, five states differ from the federal rules in all four elements and another five in three of the four elements.
Location matters. None of the six New England states are the same as the federal in all four elements, all differ in the CESQG element and most with respect to universal waste. By contrast, the Mid-Atlantic states tend to toe the federal line. All six are the same as federal in hazardous waste characteristics and thresholds for generator categories, one is the same in all four elements and three only vary in one of the four elements. In the South, the majority of states are the same or only differ in one of the four elements. The Southwest is the most uniform, all differ from the federal requirements in only one of the four elements. The graph below shows the percent of variation by region.
CESQG requirements is the element of the four with the most variability. Thirty-one states either have some variation in CESQG requirements or don't recognize the federal category at all. In most of the states, the variations are minor and the rules essentially the same as federal. However, in nine states, CESQGs are subject to extensive requirements, typically the same that small quantity generators must follow. Interestingly, all states that start with the letter "M" vary in CESQG requirements, except for Mississippi, while none of the states that start with "N" vary in this area, except for New Hampshire.
For the majority of states, requirements for hazardous waste characteristics and thresholds for generator categories are identical with federal rules. However, eight states have different hazardous waste characteristics. Several build on the federal rules by adding a new characteristic, for example, Michigan added "extreme toxicity," Minnesota "lethality" and both Washington and Rhode Island "extremely hazardous waste." Additional tests for identifying hazardous waste are another variation, several states added non-liquid corrosivity tests and California added toxicity tests, including a test for aquatic toxicity.
The final area is Universal Waste. Here again, the majority of the states, 33, recognize the same categories as the federal rules. The 18 states that differ generally recognize the federal categories but include additional items as universal waste. The most popular additional items are used electronics (8 states), aerosol cans (4 states), and antifreeze (3 states). Other types of universal waste include compressed gas cylinders, oil-based finishes, and paint and paint related waste.
So what did we learn? Generally, state requirements are more like federal requirements than they differ. However, to keep facilities on their toes, in some states the differences are significant.
To avoid having to keep track of different requirements, retailers could operate only in states with identical rules as the federal or avoid certain regions altogether. While attractive to regulatory compliance staff, this is an unlikely solution for a business, leaving multi-state retailers having to deal with state variances. This is where the CRC tools can help. In addition to the matrix, Hazardous Waste Variations by State, the CRC also has a Key Variations in Hazardous Waste Generator Reporting matrix and the CRC State Resource pages have links to state regulatory resources. A good compliance program will help identify and manage regulatory differences. The CRC provides guidance on Environmental Management Systems (EMS) for retail that includes downloadable tools in Excel that can be used for gap analysis or program implementation.
(This article and these resources are for informational purpose only and should not be construed as legal, financial or other professional advice.)
Thanksgiving is known for family, football and food. Despite our best intentions to clean our plates much of this food will go to waste as portions are left uneaten and grocery stores must dispose of unsold fresh food. The EPA estimates that food makes up 21% of the daily waste stream to landfills and incinerators. Reducing this waste has environmental and social benefits, from reducing methane emissions, a potent greenhouse gas, to increasing food security as formerly wasted food can be distributed to the 48 million Americans who are food insecure. Through good management of supply chains and more efficient waste management, retailers can significantly reduce their food waste. The Center for Retail Compliance (CRC) has resources to help you get started.
Retailers and their suppliers are already leading the way on reducing food waste. In November 2016, the US Department of Agriculture (USDA) and the US Environmental Protection Agency (EPA) announced the first group of Food Loss and Waste 2030 Champions. These companies, including national retailers, have committed to reducing food waste from their US operations 50% by 2030. This initiative compliments efforts already underway through EPA's Food Recovery Challenge and the USDA's Food Waste Challenge.
There are other resources to help companies reduce food waste. EPA's Food Recovery Hierarchy prioritizes food waste reduction strategies based on environmental and social impacts and provides guidance and tools for waste reduction. The Food Waste Reduction Alliance has a toolkit that highlights leading practices in each area of the Food Recovery Hierarchy, including how to perform a waste characterization assessment, donation guidelines, and composting tips. There are also ideas for how retailers can influence their suppliers and customers, using their pivotal position in the supply chain to change production processes and consumer habits.
As voluntary initiatives expand, so too do regulatory efforts to reduce food waste. Several jurisdictions require mandatory organic food waste recycling. The latest being California where mandatory composting for some facilities started in April 2016. The CRC's Retail Food Service & Prepared Foods and Other Regulated Waste pages highlight issues and regulations related to food waste in retail.
Retailers are uniquely placed to effect change in this area and may find operational efficiencies to complement the social and environmental benefits.
Larry Corkey, Center for Retail Compliance
By Richard Sieg, Regulatory Counsel, Inmar, Inc.
Fretting about regulatory compliance? There are some little-known, readily available exemptions and exceptions that can work in tandem to reduce compliance burdens and significantly boost your sustainability initiatives. (For the sake of simplicity, for the remainder of this article, the term "exemptions" is used to refer to both exemptions and exceptions)
It is easy to forget that in the Resource Conservation and Recovery Act (RCRA) Congress embraced recycling and reuse of materials as part of the solution to the nation's waste problem. The objectives of RCRA include protection of health and the environment and conservation of valuable material and energy resources. EPA's "Reduce, Reuse, Recycle" initiative is an extension of these objectives. Sustainability has become a cornerstone of the retail industry, and in this discussion, you may find opportunities to raise your sustainability program to a higher level while improving your compliance program.
Hazardous waste regulatory requirements significantly impact retailers. There is a three-tiered hazardous waste regulatory framework:
With this in mind, if a generator finds ways to reduce the amount of hazardous waste generated at a retail store, it may be able to significantly reduce that store's regulatory burden. This article will discuss ways to take advantage of such opportunities allowed in the regulation.
In its hazardous waste regulations, EPA provides exemptions to the definition of solid and hazardous wastes and use of these exemptions is one way to reduce the amount of hazardous waste generated at your stores. Through the use of alternative dispositions to ensure consumer products are donated, liquidated, reused and/or recycled, a retailer may reduce the volume of hazardous waste generated at its stores and possibly lessen its compliance burdens.
Some of these exemptions are not well known, yet can help retailers avoid the significant regulatory burdens associated with hazardous waste requirements. These exemptions exist to encourage sustainable solutions to the end of life of products. Recycling prevents waste, conserves valuable materials, and may help to conserve energy resources. To be clear, this is not a regulatory loophole; legitimate recycling is the right thing to do and comes with some lessening of the burdens of complying with the hazardous waste regulations.
Commercial Chemical Product (CCP) Exemption
One of the lesser-known exemptions is the commercial chemical product (CCP) exemption. It is important to remember that states are allowed to have more stringent programs and, therefore, some states may have limited or eliminated an exemption available under the federal rules. It always is critical to know the rules for the jurisdictions within which the products are being managed. In other words, always know the regulatory requirements for the states you are in.
Products managed under the CCP exemption are exempt from the definition of solid waste and, therefore, are not hazardous wastes under the federal regulations. To qualify for this exemption, a generator must ensure a product is recycled through a reclamation process. For the CCP exemption, the definition of CCP applies to consumer products generally. RCRA Online 14012. Of course, housekeeping matters and the products should be managed as you would manage any product of value (e.g. not broken or leaking).
The potential significance for retail locations may be substantial as consumer products managed under the exemption are products, not wastes, and do not count against a location's generator status. In other words, through use of this exemption, a store may reduce the amount of hazardous waste generated to become regulated under significantly less rigorous requirements as an SQG or even an CESQG.
What is Legitimate Recycling?
Satisfies These Criteria
EPA's website on Legitimate Hazardous Waste Versus Sham Recycling has more information on guidelines for "legitimate recycling."
The reclamation of nicotine is a perfect example. In 2015, EPA published guidance discussing, in part, a process that reclaims nicotine from consumer products such as e-cigarettes and smoking cessation products. (RCRA Online 14850, 14851). EPA confirmed a nicotine reclamation process legitimately recycles nicotine-containing products and therefore under the CCP exemption they are not considered solid waste. Products sent through this process, therefore, are not a waste at the retailer, during transportation or even prior to processing at the recycling facility.
One significant impact to retailers is EPA's declaration that nicotine products, even those in low concentrations, such as gums, lozenges and patches, are p-listed hazardous wastes. As a result, a retail location generating only 2.2 pounds of these products as waste in one month is regulated as a large-quantity generator. Few products have similar or greater hazardous waste compliance impacts on retailers as do these products.
EPA has emphasized that speculative accumulation of consumer products for some potential recycling opportunity can lead to compliance issue. EPA has made clear that when CCPs are "stored for a long period of time without any foreseeable means of recovering the product, or if no foreseeable market existed for the recovered product, an overseeing regulatory agency might well conclude that they were abandoned [and therefore a solid and/or hazardous waste]." RO 14762.
If nicotine is the main driver for a retail store's classification as a large quantity generator, this type of recycling can help reduce costs and risks of liability and contribute to sustainability. Also, a collateral benefit may accrue - raising your sustainability program to another level. While nicotine is one example, similar recycling opportunities exist for other consumer products as well.
The reuse exemption is also relevant to the management of consumer products. Under federal law, a consumer product being used as an ingredient for another product is exempt from the definition of solid waste. One example currently available is the use of fingernail polish to make hobby paint. Fingernail polish can be sent for use as an ingredient for hobby paint and therefore never becomes a waste. Once again, housekeeping matters, and the products should be managed as you would manage any product of value (e.g. not broken or leaking).
Innovative companies are continually finding more ways to reclaim consumer products and even find reuse opportunities for some. For example, conditioners and soaps can be used as ingredients for industrial soaps and colognes and other fragrances can be used as an ingredient to make industrial fragrances. The bottom line is that innovations in the end-of-life stewardship of many consumer products are available as valuable alternatives to the waste stream, and retailers can improve their risk potential and sustainability profile by pursuing these options. Meanwhile, as an industry we should encourage innovation in the marketplace. Sustainable end-of-life solutions for consumer products fall within retail sector sustainability initiatives, including waste reduction.
Do not forget that state hazardous waste regulations can be more stringent than the federal program, so it's important to compare the two sets of regulations to ensure compliance across the board. Recycling companies and reverse distributors are knowledgeable about these issues and are a great resource to help you navigate the state regulations.
40 CFR § 261.2 Definition of Solid Waste
U.S. EPA RCRA Online Database
U.S. EPA Definition of Solid Waste and Hazardous Waste Recycling Training Module
U.S. EPA Legitimate Hazardous Waste Recycling Versus Sham Recycling
U.S. EPA Final Rule: 2015 Definition of Solid Waste (DSW) (provides access to compliance tools for documenting "legitimate recycling")
U.S. EPA Are Commercial Chemical Products (CCPs)_Solid Waste When Burned as a Fuel for Energy Recovery?
U.S. EPA How Is a Secondary Material Regulated If It is Recycled by Direct Use or Reuse Without Prior Reclamation?
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The CRC team learned a lot at RILA’s 2016 Retail Sustainability and Environmental Compliance Conference (RSECC). Over three days, industry leaders covered the challenges retailers face in their efforts to comply with environmental regulations and grow more sustainably.
For retailers, power outage preparation isn’t as easy as just purchasing an emergency generator.
The retail industry faces many challenges to ensure compliance with environmental regulations. This includes structural issues such a numerous facilities operating in multiple different jurisdictions, with the resulting regulatory variations, facility-level implementation by retail staff lacking in environmental or regulatory expertise, who have many other responsibilities and high staff turnover. In addition, there are always resource constraints around money, time, staffing and management attention.
o Data mining to identify and predict possible non-complianceo Evaluation of compliance assurance strategies to identify the most and least effective approacheso Self-certification program to evaluate and track compliance performance