NEW YORK CITY TRANSIT AUTHORITY

HAZARDOUS WASTE WORKBOOK

Do Not Reproduce or Use Without Permission

Adapted from the

OCAW/Labor Institute Hazardous Waste Workbook

The New York Committee for Occupational Safety and Health, Inc.

(NYCOSH) 275 Seventh Avenue, 8th Floor

New York, New York 10001 (212) 627-3900

This workbook was adapted from the OCAW/Labor Institute "Hazardous Waste Workbook" First Edition, May 1988, with permission. Any changes from the original draft are solely the responsibility of the New York Committee for Occupational Safety and Health, the City of New York Transit Authority and Transport Workers Union Local 100. All requests to use or reproduce this material must be made to Sylvia Krekel at the Oil, Chemical and Atomic Workers Internationals Union, Lakewood Colorado. Funds for both the OCAW/Labor Institute Project and the NYCOSH/Transit Authority/Transport Workers Union Project are provided by the National Institute of Environmental Sciences.

Project Director Sylvia Krekel, OCAW Occupational Health Specialist

Training and Curriculum Director Les Leopold, The Labor Institute

Design and lllustration

Howard Saunders, The Labor Institute

Senior Consultant Tony Mazzocchi, The Labor Institute

Curriculum Consultant Associate Curriculum Director, Eric Scherzer, OCAW 8-149, Rahway, NJ.

Gail Bateson, Labor Occupational Health Project, Berkeley, CA. David Dembo, Council on Internationals and Public Affairs, New York, NY.

Dr. Steven Markowitz, Mt. Sinai School of Medicine, New York, NY. Michael Merrill, Assoc. Professor, Rutgers University Labor E Center, New Brunswick, NJ.

Dr. Ken Miller, Good Samaritan Hospital, Occupational Health Services, Portland, OR. Deborah Nagin, Assistant Professor, Albert Einstein College of Medicine, New York, NY.

William J. Dubanevich, New York Committee for Occupational Safety and Health, New York. NY. Jerry Roseman, lndustrial Hygienist, Occupational Health Services, Endenheim, PA.

Oil, Chemical and Atomic Workers International Union 255 Union Blvd.

Lakewood, Colorado 80228 (303) 987-2229

The Labor Institute 853 Broadway, Room 2014

New York, New York 10003 (212) 674-3322

Table of Contents A Few of the Laws Affecting Hazardous Chemicals and Wastes ...........................................1 Why is This Training Taking Place? ......................................................................................2 RCRA Training Requirements ................................................................................................3 What is Hazardous Waste? ......................................................................................................4 How Can You Tell if A Waste Is Hazardous? .........................................................................5 Hazardous Waste Flow Charts.................................................................................................7 What This Training Covers .....................................................................................................9 RCRA and the ‘Wild West’ of Hazardous Waste ..................................................................10 How Does RCRA Deal With The Hazardous Waste Problem? ............................................11 Activity 1: THE PUNCTURED DRUMS ................................................................................12

Questions 1 and 2: ......................................................................................................13 Hazardous Waste Is Everybody’s Problem.................................................................14 Cleaning Up Pollution From Hazardous Waste Is Expensive .................................15 Public Outcry Over Hazardous Waste ......................................................................16 Many Questions Affecting The Future Of Hazardous Waste Are Still Unanswered 17 How Hazardous Waste and Other Harmful Chemicals Enters Your System ........19 Your Nose Doesn’t Always Know ..............................................................................19 We Don’t Know--A look at the Numbers...................................................................20 Potential Cancer Causing Substances ......................................................................21 Why We Shouldn't We Panic? ...................................................................................22 Question 3: ..................................................................................................................23 RCRA Penalties Can Be Tough .................................................................................24 ‘But, I Didn’t Know!” Is No Excuse ...........................................................................26 The First RCRA Criminal Conviction.......................................................................27 Question 4: ..................................................................................................................29 Health and Safety Rights at the Transit Authority ..................................................30

Activity 2: THE LEGAL OCTOPUS ......................................................................................31

RCRA Requirements At New York City Transit ......................................................32 Drumming the Waste..................................................................................................33 The 90-Day Cut-off ...................................................................................................34

Here’s A Sample Form for Tracking Waste Drums at Your Facility. .....................35 Getting Hazardous Waste Tested and Removed........................................................36 Task # 2: ......................................................................................................................37 The Hazardous Waste Manifest .................................................................................38 Sample Manifest .........................................................................................................41 Sample LDR Form ......................................................................................................42 Manifest Distribution .................................................................................................44 Task # 3: ......................................................................................................................45 Record-Keeping At Each Location .............................................................................46 Task # 4: ......................................................................................................................49 Checklist for Hazardous Waste Storage Area Inspections.......................................50

Activity 3: EMERGENCY RESPONSE.................................................................................51

MSDSs: Filling In the Gaps.......................................................................................53 What’s in an MSDS?..................................................................................................54 Sample MSDS ............................................................................................................58 How To Handle A Minor Spill ...................................................................................63 How To Handle a Large Spill or A Spill of Unknown Materials .............................64 Duties of the Primary Emergency Coordinator ........................................................65

Activity 4: USING MSDSs TO SAFELY HANDLE HAZARDOUS WASTE..................66 Attachment A ..........................................................................................................................74

Universal Waste Regulations .....................................................................................75

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A Few of the Laws Affecting Hazardous Chemicals and Wastes

Environmental Laws

Clean Air Act

Clean Water Act Superfund Amendments and Reauthorization Act (SARA)

Hazardous Materials Transportation Act Resource Conservation and Recovery Act (RCRA)

Toxic Substance Control Act (TOSCA)

Worker Protection Laws

Chemical Right-to-Know

Hazardous Waste Operations and Emergency Response Personal Protective Equipment

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Why is This Training Taking Place?

We are all here because of health and safety training requirements for workers who deal with hazardous wastes. The New York City Transit is classified as a “generator” of hazardous waste by the Environmental Protection Agency (EPA) and the N.Y. State Department of Environmental Conservation (DEC). The TA is permitted under the Federal Resource Conservation and Recovery Act of 1976 (RCRA) to store hazardous waste for up to 90 days, prior to their transport to a treatment, storage and disposal site (TSD). As part of regulating hazardous wastes “from cradle to grave,” RCRA established training requirements for hazardous waste workers which the TA must meet. Funds for this training were established by Congress as part of the 1986 Superfund Amendments and Reauthorization Acts (SARA). Passed in response to grassroots activism by citizens living near toxic dump sites, this law increased funding for the clean-up of “Superfund” sites. It also speeds up the time line for cleaning up toxic dumps and imposes tighter standards to prevent companies from simply shuffling their hazardous wastes out of sight and out of mind. In addition to establishing stricter training requirements for emergency response workers, workers at inactive toxic dump sites, and workers at active TSD sites, SARA created a $10 million pool of funds for unions and other non-profit organizations to provide training programs for hazardous waste workers. The New York Committee for Occupational Safety and Health (NYCOSH) is part of the New Jersey/New York Hazardous Waste Worker Training Center, recipient of one of 11 grants awarded by the National Institutes of Environmental Health Sciences (NIEHS) to develop and provide this training.

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RCRA Training Requirements The Resource Conservation and Recovery Act (RCRA) acknowledges that if you want to protect the environment and the public from hazardous waste, you must have well-trained hazardous waste workers. RCRA says that all employees who handle hazardous waste must be trained within six months of employment or assignment to a new position. Employees must not work in unsupervised positions unless they have completed these requirements. After taking the initial course, all employees must go through a refresher course once a year. RCRA is not very specific about the content of training, except in reference to workers who must handle emergencies.

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What is Hazardous Waste? The Resource Conservation and Recovery Act (RCRA) defines hazardous waste as:

“A waste that may cause or significantly contribute to serious illness or death, or that poses a substantial threat to human health or the environment when improperly managed.”

The Environmental Protection Agency (EPA) has used this definition to develop a list of hazardous wastes. Hazardous wastes can also be identified by testing for ignitability, corrosivity, reactivity and toxicity. We will talk more about this definition later in the manual. The flowcharts (pages 7 & 8) describe the steps to take in making a hazardous waste determination and managing hazardous waste. Hazardous wastes are the by-products of a highly technological society. They come from many parts of society -- industry, hospitals, research laboratories and all levels of government -- though the largest source, by far, is industry. RCRA regulates hazardous substances from the point they become wastes, no longer useable and ready for disposal. Raw material that is spilled, for example, is classified as a waste. It may or may not be classified as a hazardous waste, depending on what the material is. A spilled raw material, however, must be handled as a hazardous waste if we can’t identify what it is. Some wastes are exempt from hazardous waste regulations. For example, waste oil from bus gear cases and crankcases is sold for recycling and re-use in heating systems; it’s not hazardous waste, but a waste oil which must be managed in accordance with NYCTA “Waste Oil Guidelines” to ensure compliance with New York State Environmental regulations. (e.g. drum labeled waste oil, type of oil, tracking # stored with secondary containment, protected from rain water). Waste nickel cadmium batteries are also exempt from hazardous waste regulations if they are disposed via reclamation. (However, secondary containment, labeling, 1 year accumulation time limit provisions must be satisfied - see Attachment A.) Waste that remains in a storage tank is regulated only once it leaves the unit for disposal. In most cases, the occupational hazard presented by a waste is no worse than when it was a raw material. The same protective equipment and safety procedures must be used. The only major difference is that RCRA focuses on protecting the environment from these wastes. While other laws focus on protecting workers. Sometimes these laws overlap.

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How Can You Tell if A Waste Is Hazardous?

To answer this question the Environmental Protection Agency (EPA) developed a list of specific wastes that are hazardous and four standards to use in evaluating any wastes not on their list. The listed wastes “cause or significantly contribute" to an increase in serious irreversible or incapacitating illnesses or deaths; or "pose a substantial present or potential" hazard to human health or the environment when improperly handled. Examples: spent 1,1,1-trichloroethane, spent methylene chloride (aerocarb tanks). Any waste not on the EPA list that has one or more of the following characteristics is also considered a hazardous waste: Characteristics of Ignitability A solid waste exhibits the characteristic of ignitability if a representative sample of the was has any of the following properties: It is a liquid, other than an aqueous solution containing less than 24 percent alcohol

by volume, and has a flash point less than 60° degrees Celsius (140° degrees F). It is not a liquid and is capable under standard temperature and pressure of causing

fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.

It is an ignitable compressed gas. It is an oxidizer. Examples: spent mineral spirits, spent thinners Characteristic of Corrosivity A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties: It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5. It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250

inch) per year at a test temperature of 55° degrees C (130° degrees F). Examples: battery electrolyte, Drano (pH=14) Characteristic of Reactivity A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties: It is normally unstable and readily undergoes violent change without detonating;

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It reacts violently with water; It is capable of detonation or explosive reaction if it is subjected to a strong

initiating source or if heated under confinement; It is readily capable of detonation or explosive decomposition or reaction at

standard temperature and pressure. Examples: none used by Transit Authority Characteristics of Toxicity A solid waste exhibits the characteristic of toxicity if the extract from a representative sample of the waste contains any of the contaminants listed in the table on pages 68-69 at a concentration equal to or greater than the respective value given in the table. Example: waste generated from certain parts-cleaning tanks.

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HAZARDOUS WASTE MANAGEMENT

Hazardous waste is generated and accumulated in a 55 gallon drum in the Hazardous Waste Accumulation Area (HWAA).

Once 55 gallons are accumulated, the drum is dated (accumulation date) and moved to the

Hazardous Waste Storage Area (HWSA).

OSS is contacted within 45 days of the accumulation date to arrange for sampling and pickup of the drum

by OSS’ hazardous waste contractor

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The drum is picked up by OSS’ hazardous waste contractor within 90 days of the accumulation date.

At the time of pickup, the hazardous waste manifest must be

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HAZARDOUS WASTE DETERMINATION FOR NEW WASTE STREAMS

signed by an employee trained in Hazardous Waste Management. An original copy of the manifest form is obtained from the

transporter. A copy of this manifest is sent to OSS and the original is filed at the pickup location.

Raw Materials

Processing (e.g., cleaning)

Wastestream is generated and stored in 55 gallon drums (or other appropriate containers). OSS is contacted to

arrange for analysis of wastestream.

Analysis for hazardous waste characteristics is performed by OSS.

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Non-Hazardous Waste Hazardous Waste

Disposal as industrial waste, municipal waste,

or sewer discharge. Disposal as hazardous waste

See “Hazardous Waste Management” flowchart.

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What This Training Covers Today’s training covers four subjects that are necessary for workers who handle hazardous wastes:

Activity 1: THE PUNCTURED DRUMS The Resource Conservation and Recovery Act (RCRA) ...Hazardous Waste and the Environment ...Hazardous Waste and Worker Safety...

Activity 2: THE LEGAL OCTOPUS What the RCRA regulations means for your job at the Transit Authority ...A review of the RCRA Manifest Form

Activity 3: HANDLING AN EMERGENCY Hazardous Waste Spills... Contingency Plans

Activity 4: MSDS’s AND HAZARDOUS WASTE Using Material Safety Data Sheets (MSDSs) to identify hazardous wastes and to know how to handle them safely.

This training does not cover Chemical Safety. Chemical Safety is covered in The Transit Authority’s Right-to-Know (RTK) Training. In order to take this Hazardous Waste Training class you must already have taken the RTK training for your particular job. The Office of System Safety’s Environmental Protection and Industrial Hygiene Unit (EPIH) should be contacted if any employee involved with hazardous waste management experiences any difficulty in obtaining the required RTK Training. In addition, this training does not cover Respirators or other Protective Equipment which is not required for Hazardous Waster Training Certification. It is assumed you will take such training separately through Employee Development and Training.

RCRA and the ‘Wild West’ of Hazardous Waste

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“We do not know where the millions of tons of stuff is going. We feel that the things which have turned up like Love Canal...are simply the tip of the iceberg. We do not have the capacity at this time to find out what is actually happening. In my view, it is simply a wide-open situation, like the Wild West in the 1870's for toxic waste disposal. The public is basically unprotected. There just are not any lawmen out there.”

“Report on Hazardous Waste Disposal”, U.S. House of Representatives (1979)

“For many years little attention was paid to where waste materials went, including the contaminants so expensively removed from the air and the water. Then people recognized that those contaminants often were going right back into the environment, through the disposal of waste. Waste disposal practices were discovered to have caused environmental damage in many cases, especially by contaminating groundwater which might be used as a drinking water supply. That led Congress to enact the Resource Conservation and Recovery Act of 1976, commonly known as RCRA”

John Quarles, First General Counsel and Assistant Administrator for Enforcement

U.S. Environmental Protection Agency Source: 42 U.S>C., Section 6928(d)(3) Supp.III, 1979. As cited by John Quarles in Federal Regulation of Hazardous Wastes: A Guide to RCRA, 1982

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How Does RCRA Deal With The Hazardous Waste Problem?

The Federal Resource Conservation and Recovery Act (RCRA) attempts to deal with this “wild west” situation in five major ways: 1) By setting up a standard system of identifying and classifying hazardous waste. 2) By setting up a paperwork system using manifest forms so that hazardous waste can be tracked “from cradle to the grave”. 3) By setting standards for safeguards to be followed by generators, transporters and facilities which treat, store, or dispose of hazardous waste. 4) By enforcing these rules through a system of permits for hazardous waste generators and through stiff penalties. 5) By authorizing state government programs to operate in place of the Federal government.

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Activity 1: THE PUNCTURED DRUMS PURPOSE: To understand the possible effects of hazardous waste on the environment and in the workplace. To understand the importance of the Resource Conservation and Recovery Act (RCRA) regulations for protecting workers, the environment and the public’s health. To be aware of the kind of penalties RCRA imposes on individuals and companies who break the law. TASK: Together with the other members of your small group, briefly review the handouts in this section, so you can come up with an answer to the following problem. Choose one person to write down your group’s answers and another person to report back to the entire class.

Your supervisor tells you to load some unmarked barrels from a storage area onto a salvage truck. About a third of them are empty; the rest have a few inches of liquid in the bottom. During the loading process, the truck driver tells you he’s not allowed to remove any barrels with more than one inch of liquid in them. Because of this, you can load only part of the barrels.

When you go back to your supervisor to tell him the driver needs a signature on his receipt, you tell him that the driver won’t take the rest of the drums.

Your supervisor tells you, “Tomorrow I want you to go outside and puncture all the drums with fluid in them. Let them drain into the dirt because the construction crew is going to dig up the yard anyway.”

Why is this a problem? Answer the questions on the next page.

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Questions 1 and 2: 1) What environmental problems could result from draining these drums into the ground? Why be concerned? 2) What kind of health and safety problems could workers face in handling these drums?

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Hazardous Waste Is Everybody’s Problem Each year, billions of tons of solid wastes are discarded in the United States. These wastes range from common household trash to industrial waste, sewage sludge, and pesticide run-off. Each year at least 57 million metric tons of the nation’s waste can be classified as hazardous, according to the Environmental Protection Agency (EPA). EPA has hundreds of documented cases where improper handling of hazardous waste has resulted in damage to life and the environment. The vast majority of these cases involve pollution of ground water--the source of drinking water for about half the country--from landfills or surface pits. But there are several other kinds of environmental damage, as shown by these case histories from EPA records: Contamination of Rivers, Lakes and other Surface Water About 17,000 drums littered a seven acre site about 25 miles south of Louisville, Kentucky. Analysis of this “Valley of the Drums” found about 200 organic chemicals and 30 metals in the soil and surface water where the drums oozed. Polluting the Air A truck driver was killed in 1978 as he emptied waste from his truck into an open pit at a disposal site in Louisiana. He was asphyxiated by hydrogen sulfide when the liquid wastes entered in the open pit. Fires and Explosions of Hazardous Waste A fire at a disposal site in Chester, Pennsylvania resulted in 45 firemen needing medical attention. Waste was emptied directly onto the soil and probably drained into the nearby Delaware River. Homes were located within three blocks of the disposal site where 30,000 to 50,000 drums have been received over a three year period. Hazardous Waste in the Food Chain In 1976, an Indiana family’s cow gazed in a pasture fertilized with sewage sludge containing high levels of PCB’s (Polychlorinated Biphenyls) from a local manufacturing plant. As a result, for a four month period, the family drank milk with twice the level of PCB’s considered safe. Source: U.S. Environmental Protection Agency, Everybody’s Problem: Hazardous Waste, 1980.

Cleaning Up Pollution From Hazardous

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Waste Is Expensive PLAN FOR CLEANING SILICON VALLEY WATER by Dale Champion (San Francisco Chronicle--October 1988) A long-range plan requiring IBM to clean up a massive groundwater pollution problem from its South San Jose plant was approved yesterday by the Regional Water Quality Control Board in Oakland. Company officials said the clean-up of the largest contamination problem in Silicon Valley could take from 10 to 20 years, cost more than $40 million, and involve pumping as much as 1 billion gallons of water a year. The plan requires IBM to pump contaminated water from underground water basins called aquifers until the underground systems are four times cleaner than state and federal drinking water standards. In addition, IBM will have to treat and recycle all the extracted water. The IBM contamination problem is the largest in Silicon Valley, where numerous firms have been found to have polluted soils and groundwater with a wide range of toxic solvents used in manufacturing processes. IBM first discovered in 1960 that organic chemicals, including trichloroethane (TCA), petroleum naphtha and xylene had leaked into the soil at its plant at 5000 Cottle Road . Subsequent investigation revealed that Freon 113 and other chemicals had seeped into soil and groundwater, spreading in an aquifer as far as three miles north of the plant. Investigators determined that the toxins had leaked from storage tanks and pipelines and had been spilled in the years since the San Jose facility began operation in 1956. Public concerns became widespread when it became known that TCA and Freon 113 had been detected in private and municipal drinking water wells, although the contamination levels were reported to be below what is considered dangerous by state and federal drinking water standards. IBM officials said their firm already has spent $42 million on contamination investigation and cleanup costs.

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Public Outcry Over Hazardous Waste The first hazardous waste problem most Americans heard about was in the Love Canal neighborhood of Niagara Falls, N.Y. In 1958 the Hooker Chemical Company deeded a plot of land to the Niagara Falls Board of Education, acknowledging that the land had been filled with waste products from the manufacturing of chemicals. An elementary school was built on the land in 1965. Two years later, Love Canal residents began complaining to City Hall of explosions at the canal site, of nauseating odors, and black sludge coming from the grounds and through the walls of people’s basements. There were increasing reports of unusually high levels of stillbirths, birth defects and kidney disease. In 1980, after years of protests and petitions, Love Canal residents took two EPA officials “hostage” for several hours, resulting in the declaration of a state of emergency by President Carter. This permitted the Federal Government to relocate--at its expense--700 families living close to the canal. Public outcry over Love Canal and hundreds of other documented cases of damage to life and the environment have led to increasing regulation of hazardous wastes in the United States and in many parts of the world.

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Many Questions Affecting The Future Of Hazardous Waste Are Still Unanswered

Science Is Anything But Exact On Toxic Risks By Elliot Diringer (San Francisco Chronicle--October 1988) Chemicals never worried Ruth Lightie - not until she learned that her chickens, eggs, and freshly butchered cow were laced with dioxin, and no one could explain why. Her family’s source of sustenance -- the small, dusty spread homesteaded by her grandparents -- was poisoned. But where did the dioxin come from? How long had they been eating it? What would it do to them in 20 years? The scientists do not know, the politicians barely seem to care, and for Lightie, the wholesome farm life has given way to suspicion and despair... The entire line-drawing exercise is mired in scientific uncertainty and political strife -- from judging which chemicals are the truly dangerous ones to deciding just how much of them we will tolerate in our food, water or air. Potency and Dose The decisions are endless. Must a polluted well be made absolutely pristine, whatever the cost? Should farmers give up useful pesticides because people are afraid? Where do we stuff our chemical wastes so they do not come back to haunt our children? The stakes loom ever larger, yet the scientific foundation is riddled with holes. A chemical’s ability to do harm is determined by two things: its innate toxicity and how heavily people are exposed. Potency and dose. About the vast majority of chemicals that surround us, both natural and man-made, we know neither. “It’s absolutely true. We are regulating out of ignorance,” declared attorney Al Meyerhoff of the Natural Resources Defense Council who has gone to court more times than he can remember in the fight against toxins.” We have to make guesses about the particular chemicals and how much we’re exposed to.” Just how little is known about the toxicity of common chemicals became abundantly clear when the National Academy of Sciences drew up a list of more than 50,000 substances and tried to determine how many had been tested in the laboratory to see whether they cause cancer, birth defects or other ills. Thousands Are Untested

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“Of tens of thousands of commercially important chemicals, only a few have been subjected to extensive testing, and most have scarcely been tested at all,” the academy said in its 1984 report.”... When it comes to dose -- how much people are actually exposed to in their daily lives -- we know even less. Air and water are normally monitored only for the few dozen substances that are already regulated. In Silicon Valley, and all across the country, valuable groundwater has become contaminated with pesticides and industrial solvents, in part because there were no standards for those chemicals, so no one was checking. Debating The Data Having the raw data in hand is still only the first step. Then comes the endless arguing over just what the information means, an argument that often winds up being as political as scientific. For more than a year, the federal government has been sitting on its “annual” list of cancer-causing substances because industry lobbyists are unhappy with the way it was drawn up. They are pushing a different set of criteria that could effectively cut the list in half. “We’re saying you ought to look at all the evidence, using the best science available today,” said Conner Fay, vice chairman of the American Industrial Health Council, which represents such companies as Dow, Dupont, Chevron and IBM... “I expect anytime there’s a regulation proposed (to limit a particular chemical) there’s going to be a fight, said Ellen Silbergeld, a toxicologist at the Environmental Defense Fund. “But this is different. This goes to the very nature of the scientific enterprise and its freedom to call things what they are.”

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How Hazardous Waste and Other Harmful Chemicals Enters Your System

Hazardous wastes can enter and harm your body even if you don’t breathe them in. They can also enter your system by being absorbed through the skin, and by being ingested with your food and drink. In fact when it comes to absorption through the skin, different parts of your body absorb chemicals at very different rates.

Your Nose Doesn’t Always Know You can’t rely on your sense of smell to protect you from exposure to hazardous chemicals. Let’s face it, your nose has some important limitations. Here are three basic ones: 1) First of all, there are dangerous chemicals that are odorless, such as carbon

monoxide. No nose can pick it up. 2) Secondly, for some chemicals, you can only detect the smell when they are

around you in such large quantities that your health is already being harmed. For example, by the time you can smell phosgene, you’re already in trouble.

3) Thirdly, our noses can be accustomed to chemicals with very strong odors. That

means that after a while we can no longer smell even very powerful odors. For example, you can stop noticing the smells of such strong odors as ammonia and chorine, once you’ve been around them. Go away and come back, and you’ll notice the smell again.

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We Don’t Know--A look at the Numbers

The vast majority of chemicals in use have not been tested on rats. The U.S. Congress’s Office of Technology Assessment reviewed the evidence on identifying cancer-causing chemicals in 1987. They found that out of the more than 75,851 chemicals in commercial use, only 284 have been tested on animals by the government in the preceding 10 years. Of those 284 chemicals, about half (144) had been shown to cause cancer in animals. Of the 144 carcinogens, OSHA has regulations for only one-third (53.) Of those 53, only 21 are regulated by OSHA as carcinogens. Of the 75,851 chemicals in commercial use in 1996, approximately 300-400 have been regulated by OSHA. Consequently, caution is advised when handling or working with any chemicals and it is important to have proper training.

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Potential Cancer Causing Substances Although we are a long way from knowing all the causes of cancers, we have learned the hard way that a certain number of chemicals and technological processes do cause cancer in humans. In addition, there are 200 to 300 chemicals suspected of causing cancer. (The list below includes only known human carcinogens.) The sad fact is that science found out about these carcinogens from workers who already experienced the terrible impact of theses substances.

Known Human Carcinogens

1,4-Butanediol Dimethyl sulfonate (Myleran) 1-(2-Chloroethyl)-3-(4-Methylcyclohexyl)-1-Nitrosourea (MeCCNU) 2-Naphthyl amine 4-Aminobiphenyl Aflaxtoxins Analgesic Mixtures Containing Phenacetin Arsenic and Certain Arsenic Compounds Asbestos Azathioprine Benzene Benzidine Bis (Chloromethyl) Ether and Technical

Chlorambucil Chromium and Certain Chromium Compounds Conjugated Estrogens Cyclophosphamide Diethylstilbestrol Erionite Grade Chloromethyl Methyl Ether Melphalan Methoxsalen with Ultraviolet A Therapy (PUVA) Mustard Gas Thorium Dioxide Vinyl Chloride

Manufacturing Processes and Mixtures of Chemicals Known To Cause Cancer*

Auramine Manufacture Boot and Shoe Manufacture and Repair Certain Combined Chemotherapy for Lymphomas Coke Oven Emissions Furniture Manufacture

Hematite Underground Mining Isopropyl Alcohol Manufacture by the Strong Acid Process Nickel Refining Rubber Manufacture (Certain Occupations) Soots, Tars and Mineral Oils

Source: U.S. Department of Health and Human Services, National Toxicology Program, Sixth Annual Report on Carcinogens (Research Triangle Park, N.C., 1991). *The Sixth Annual Report no longer lists these processes (with the exception of coke oven emissions and soots, tars and minerals oils) because neither the specific substance nor the specific steps in the manufacturing processes that are likely to cause the cancers have been identified, but they are still considered by the International Agency for Research on Cancer as human carcinogens.

Why We Shouldn't We Panic?

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The TA’s Usage Controls: Beyond OSHA While it is true OSHA has regulations for only a limited number of substances, there are other avenues available for identifying and controlling workplace exposure to chemicals. Here is a list of the agencies and resources which the TA System Safety Department uses to obtain information on chemical hazards:

⋅ National Institute for Occupational Safety and Health (NIOSH)

⋅ American Conference of Governmental Industrial Hygienists (ACGIH)

⋅ Registry of the Toxic Effects of Chemicals Substances (RTECS)

⋅ National Library of Medicine (MEDLARS Data Base)

⋅ American National Standards Institute (ANSI)

⋅ Manufacturer's Chemists, Industrial Hygienists, and Research Scientists

⋅ The Merck Index

⋅ Clinical Toxicology of Commercial Products

⋅ Toxicology: The Basic Science of Poisons

When information is not available about a specific chemical, it is normally available for chemically similar substances. This information is used to identify and develop the type of engineering and administrative controls which are necessary to protect employees. To ensure safe work practices, the System Safety Department evaluates products before they are purchased, in order to identify hazards and necessary protections. The Office of System Safety restricts many uses of carcinogenic, mutagenic and/or teratogenic chemicals. In addition, System Safety frequently conducts on-site surveys to make sure that chemicals are used safely and that subsequent exposures are properly controlled. Individuals should make sure to use proper protective equipment and check to see that the equipment is in good repair before each use. If there are any questions, they should check the MSDS and the Office of System Safety’s Chemical Product review memo for the chemical substance to which they are being exposed.

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Question 3: What RCRA Penalties could employees face? What are the reasons for taking RCRA penalties seriously?

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RCRA Penalties Can Be Tough Violations of the Resource Conservation and Recovery Act (RCRA) can result in both civil and criminal penalties. The criminal penalties are potentially more severe -- far more severe -- than under any other pollution law. Four acts are punishable by fines of $25,000 per day of violation and/or one year in prison for a first conviction. For second or subsequent convictions, the penalty is $50,000 per day of violation and/or two years imprisonment. The violations are: 1. Transporting a hazardous waste to a non-permitted Treatment, Storage and Disposal facility (TSD). 2. Treating, storing or disposing of hazardous waste without a permit; 3. Making a “false material statement or representation” in documents used for complying with RCRA. 4. Destroying, altering, or concealing any record required to be maintained by the RCRA law. The first two are felonies. The second two are misdemeanors unless the defendant is convicted two or more times. Source: 42 U.S.C., Section 6928(d) (3) Supp. III, 1979. As cited by John Quarles in Federal Regulation of Hazardous Wastes: A Guide to RCRA, 1982.

RCRA Penalties Can Be Tough “Knowing Endangerment”

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A second type of criminal conduct under RCRA is “knowing endangerment”. This is a violation of RCRA combined with knowledge that the violation may lead to injury or death. This violation with “inexcusable disregard for human life” carries a fine up to $250,000 and/or two years in prison. Violations that carry these penalties for “knowing endangerment” are: 1. Transporting a hazardous waste to a non-permitted TSD or treating, storing, or disposing of hazardous waste without, or contrary to a permit; or 2. Omitting material information from a permit application or failing to comply with interim status regulations and standards for TSD’s. Source: 42 U.S.C., Section 6928(d) (3) Supp. III, 1979. As cited by John Quarles in Federal Regulation of Hazardous Wastes: A Guide to RCRA, 1982.

‘But, I Didn’t Know!” Is No Excuse The law says you have to “knowingly commit a violation to receive a criminal penalty, but don’t be too quick to breathe a sigh of relief.

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Some day “knowingly” will be defined by the courts, but the way it reads now, ignorance is no excuse. To be convicted of treating, storing or disposing of hazardous waste without a permit or contrary to permit requirements, you may only have to know you were treating, storing or disposing of the material. You may not even have to have known the material was a hazardous waste. And remember: RCRA criminal sanctions, fines and imprisonment apply to both corporations and individuals. The law authorizes prosecution of “any person” who breaks the law. How far up and down the line that responsibility gets pinned is up to prosecutors and the courts. However, TA employees who take any action in handling or disposing of hazardous waste, which is being done as part of their job responsibilities and who are not knowingly or intentionally violating the RCRA regulations, will not be held personally responsible by the TA for any violation.

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The First RCRA Criminal Conviction The Colorado Concrete Company found out the hard way how important it is to comply with RCRA requirements. Colorado Concrete Company Convicted of Knowing Endangerment of Employees Source: The BNA Occupational Health and Safety Reporter, January 13, 1988. Denver - (By a BNA Staff Correspondent) - A federal jury found a concrete company guilty December 21, 1987, of knowingly endangering three employees, in the first such conviction under criminal provisions of the Resource Conservation and Recovery Act. In U.S. v. Protex Industries, Inc. ( no. 87-CR-115), Protex Industries Inc., a Denver firm that manufactures curing compounds, grouts, and epoxies used in concrete construction, and recycles 55-gallon drums of chemicals, also was found guilty of conspiring to treat, store, and dispose of hazardous waste without a permit. The government charged that Protex knowingly violated RCRA provisions by failing to provide training and proper protective equipment to employees in the drum recycling facility, exposing them to an “increased risk” of cancer. Sentencing for Protex was scheduled for January 29. According to a Justice Department statement announcing the verdict, Protex could face fines of up to $1 million on each of the knowing-endangerment counts. Protex purchased used drums, some of which had contained paints, solvents, and pesticides, washed the drums, then filled them with its own products. According to the government’s case, employees were not instructed on how to identify toxic chemicals, or how to handle drums still containing them. At the trial, the government presented evidence that barrels with contents still inside were emptied into a 4,500-gallon underground storage tank. Some drums were then placed in a reject pile while others were processed through the drum-wash facility. Workers Face Increased Cancer Risk Workers testified that drums which they thought contained water, were dumped onto the ground, without any tests being conducted to identify the contents, Assistant U.S. Attorney Kenneth Fimberg said. This practice, he said, resulted in “routine” dumping of toxic substances. Fimberg said barrel workers testified that a tank that contained wash-water from the drum recycling operation was emptied into the local sewer system, and that workers entered the tank to remove sludge by shoveling it into five-gallon pails, which were then placed into trash dumpsters.

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According to medical testimony, the workers had an “increased risk” of developing cancer, and two of the employees suffered from “psycho-organic syndrome” as a result of solvent exposure. Symptoms of the syndrome include dizziness, headaches, memory impairment, loss of initiative, and nervousness. The defense, led by Denver attorney David Palmer, sought to show that Protex attempted to comply with the requirements of RCRA, but that it was given no assistance by state and federal authorities. The defense also tried to show that state and federal inspections of the site detected chemicals that may have migrated to the Protex site from neighboring industrial facilities. Possible Million Dollar Fines Palmer told BNA that the verdict was a “bitter pill” to accept. “We thought our case had gone well,” he said. Fimberg told BNA the government sought to show Protex was guilty of “criminal recklessness, that the company just did not keep itself informed of its obligations, and to the extent that it did know, it did not take the steps necessary” to comply with RCRA. “We believe that (this)...important guilty verdict will have a major beneficial impact in persuading those who are responsible for hazardous wastes to obey fully the law,” Acting Assistant Attorney General Roger J. Marzulla of the Justice Department’s Land and Natural Resources Division said. Protex General Manager Donald Wilson faces a separate trial on the charges. A second company official, Comptroller Charles Hyatt, pled guilty to violation of the Clean Water Act by discharging hazardous waste into a waterway and to making a false statement concerning hazardous waste storage.

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Question 4: What would you do if you were faced with this situation? How would you explain the problem to co-workers or to a supervisor?

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HEALTH AND SAFETY RIGHTS AT THE TRANSIT AUTHORITY

In August 1987, Transportation Workers Union, Local 100 and Transit Authority management signed a set of joint safety committee procedures known as The Hall-Gunn Agreement. The agreement established that: 1) A Local Safety Committee would be established at each location, made up of a

designated union representative and the responsibility center head. These committees meet monthly to discuss safety issues. Either member of the committee may introduce agenda items at the meetings. Minutes of the meetings are forwarded to System Safety, the department head and the TWU Safety Director.

2) Any unresolved issues may be referred in writing to a Departmental Safety Committee

made up of the department head and the corresponding TWU Vice-President. The committee shall meet within 48 hours (2 work days) after receiving the written request.

3) Unresolved issues may be referred in writing to the Senior Labor-Management Safety

Committee, composed of the TA’s Assistant Vice-President, System Safety, and the TWU Director of Safety. This committee shall meet within 48 hours (2 work days) of receipt of the written request.

4) If a safety concern is not resolved by the Senior Labor-Management Committee, it may

be given directly to the presidents of NYCT and the union. 5) In emergencies, TA Senior Management and their union counterparts (TWU Vice

Presidents) meet day or night and attempt to correct the problem. If the problem is unresolved, a meeting of the Senior Labor-Management Committee meets for a review. If there is still no resolution, an expedited arbitration will be requested.

6) Three additional representatives of the union’s choice may be released with pay to

prioritize union concerns that don’t lend themselves to immediate resolution. These priorities shall be forwarded to the Senior Labor-Management Safety Committee for review and action.

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Activity 2: THE LEGAL OCTOPUS Purpose: To familiarize ourselves with the RCRA regulations and TA policies governing hazardous waste. To familiarize ourselves with the hazardous waste manifest forms. Task 1: The attached fact sheets are taken from “Handling and Management of Hazardous Wastes,” Policy Instruction (P/I) issued by the Transit Authority. You will also receive a complete copy of this P/I, separately from the manual during this training session. Your group should use these facts sheets to decide how you would handle the following situation:

You are the hazardous waste liaison at your location. This means your are the manager with final responsibility for handling hazardous waste, including record-keeping, temporary storage and removal from the property.

You are expecting the arrival of three 55-gallon drums of hazardous waste (e.g., paint waste) from somewhere else within your facility. Instead, ten drums arrive, two of them are unlabeled. One of these unlabeled barrels is bulging. In addition, the accumulation date on the labeled drums tells you they have already been stored 87 days.

What steps do you have to take to handle any problems and to get this hazardous waste off the property?

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RCRA Requirements At New York City Transit The Resource Conservation and Recovery Act of 1976 (called RCRA for short) attempts to regulate hazardous wastes “from the cradle to the grave.” It sets out rules for treatment, storage and disposal of wastes and makes companies legally responsible for what happens to the wastes they generate for as long as those wastes are hazardous. RCRA establishes different requirements for companies, depending on whether they generate, treat, store or dispose of hazardous wastes. The New York City Transit Authority is classified as a generator of hazardous waste. Because the TA stores wastes for less than 90 days, it is not subject to the permitting requirements of treatment, storage and disposal facilities (TSD’s). As a generator, the TA is required to:

Identify all hazardous wastes and notify governmental agencies

Clearly label hazardous waste storage containers so you can tell the type of waste and how long it has been stored.

Submit annual reports to regulators on the quantities and types of wastes generated and on efforts to minimize wastes.

Develop plans for emergencies and for working with local emergency response agencies.

Comply with safety standards on storage of wastes (such as making sure drums don’t leak).

Develop a program to reduce the volume and toxicity of the wastes we handle to the degree that it’s economically practical. Employee suggestions for waste minimization are a valuable means to achieve waste minimization goals.

Train employees how to perform their jobs in compliance with RCRA requirements, especially in relation to dealing with emergencies.

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Drumming the Waste

Only 55-gallon drums may be used to drum hazardous waste.

All 55-gallon drums must be marked with the following information:

“HAZARDOUS WASTE” The contents of the drum The generating location and operation

The accumulation date (the date the drum was completely filled)

Some locations have a hazardous waste accumulation area, for accumulating up to one (1) drum of a particular waste stream (e.g., mineral spirits). The accumulation date for this drum is the date the drum is full. The drum will then need to be transferred immediately to the facility’s central hazardous waste storage area.

Drums and covers can be obtained from the storerooms by using the appropriate commodity numbers listed in your original “Handling and Management of Hazardous Waste” P/I.

Empty raw material drums may be used, but only if the waste being drummed is similar to the raw material originally in the drum.

Drums whose tops have been cut off may not be used to store hazardous waste.

Drums must be compatible with their waste. For example, alkaline waste cannot be placed in a drum which originally held acidic raw material.

Only drums in good shape may be used. No leaks, bulges or corrosion.

Drums must be closed when not being filled.

85-gallon salvage drums “over packs” should only be used to hold leaking 55-gallon drums.

The 90-Day Cut-off

It’s crucial that the hazardous waste liaison notifies System Safety within 45 days of the date the drum is filled (accumulation date). This is so the removal contractor can get the waste off the property within 90 days of the accumulation

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date. Why is meeting the 90-day limit so important? RCRA uses 90-days to draw the line between generators (like the Transit Authority) and Treatment, Storage and Disposal Facilities (TSD’s). Anyone who stores hazardous waste for more than 90-days automatically becomes a Treatment, Storage and Disposal Facility. They are required to get a permit as a storage facility. They have to follow many more regulations to keep that permit. Anyone who stores hazardous waste for more than 90 days without a permit can face the legal penalties we talked about in Activity 1. The exception to this 90-day limit is hazardous waste in a parts cleaning tank. The accumulation date for tank waste starts when the waste is removed from the tank. At certain large facilities, such as the Coney Island Overhaul Shop, removal of tank waste must be called in to System Safety by the shop superintendent.

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Here’s A Sample Form for Tracking Waste Drums at Your Facility.

This tracking sheet must be utilized at any location which generates hazardous waste. It must be kept on file for future review by the office of System Safety and/or regulatory agencies.

Hazardous Waste Storage Area Drum Tracking Log Internal Drum Tracking No.

Generating Operation

Waste Type

Accumulation

Date

Date brought

to HWSA

Removal Date

(90 days)

Pick

up date

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Getting Hazardous Waste Tested and Removed Call the Office of System Safety’s Environmental Protection and Industrial Hygiene Unit (EPIH) whenever hazardous waste needs to be tested and removed. (Office of System Safety can be reached at (718) 243-4581 or (718) 243-4891). Tell them:

the location the name of the location’s hazardous waste liaison

the type of hazardous waste

how much hazardous waste has to be removed

the accumulation date (for drum only).

Once OSS has this information, they will schedule analytical testing and removal of the hazardous waste by a licensed contractor, who will take the waste to a licensed disposal facility. OSS will notify the location’s hazardous waste liaison of scheduled dates for sampling, preparation and removal of hazardous waste. Sometimes, a contractor will need to make several visits to a site before actually removing the waste. All drums of hazardous waste, including new types of waste that have not been previously removed, must be sampled and analyzed by the contractor. The drums must also be prepared by the contractor to comply with transportation safety regulations. If the contents of a drum are unknown, System Safety will have to arrange for a full battery of tests to determine the proper disposal method. Such tests are expensive (approximately $1,000 per drum) and may be charged to the responsible generating department if the cause for the drum being “unknown” is due to improper storage of raw materials. The hazardous waste liaison should insure that the location’s hazardous waste is accessible to the contractor and should provide any necessary assistance to the contractor.

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Task # 2: The TA contracted transporter shows up to take the barrels off the property. He brings you the completed manifest form that is on the next page and asks you to sign it. Read over the manifest and decide what you would do with it.

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The Hazardous Waste Manifest The Hazardous Waste Manifest Form is central to RCRA’s system for keeping track of hazardous waste. This is different from internal shipping manifest used within the TA. Copies of the RCRA Manifest forms are on page 41. On the day of removal of hazardous waste, the liaison or another employee authorized by both the location’s liaison and the System Safety Department, must sign the hazardous waste manifest presented by the contractor. In addition, a Land Disposal Restriction Notification and Certification form (LDR) must also be signed. To be authorized , an employee must successfully have completed the TA’s hazardous waste training course and must have their location chief or liaison submit a written request to OSS for authorization.

UNDER NO CIRCUMSTANCES MAY HAZARDOUS WASTE BE REMOVED WITHOUT THE MANIFEST BEING SIGNED BY AN AUTHORIZED TA EMPLOYEE. IT IS THAT EMPLOYEE’S RESPONSIBILITY TO MAKE SURE THAT THE COMPLETED MANIFEST IS ACCURATE. THE EMPLOYEE MUST VERIFY THE FOLLOWING:

- Item 1 must contain the E.P.A. I.D. number for the specific location. - Item 3 must contain the office of System Safety’s mailing address:

370 Jay Street, Room 809, Brooklyn, New York 11201 - Item 4 must contain the office of System Safety’s Environmental and Industrial Hygeine Unit’s telephone number (718) 243-4581. - Item 11.a-d must contain an accurate description of the waste(s). The description is obtained through analytical testing or generator knowledge. - Item 12 must contain the actual number and type of containers (usually 55 gallon drum) - Item 13 must contain the total quantity of each type of waste. - Item B (shaded area) must contain the name and address of the generating facility.

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Hazardous Waste Manifests

NOTE: Any Questions regarding manifest information must be immediately referred to EPIH.

The Hazardous Waste Manifest: Preparation and Distribution

(a) The Hazardous Waste Manifest (see sample on page 41) is a government form designed

to keep track of hazardous waste. It contains sections to be filled out by the Generator (NYCTA). This is done in advance by the Transit’s hazardous waste contractor, the Transporter (The contractor removing the hazardous waste) and the Disposal Facility. The Manifest has eight (8) carbon copies with the same information. In addition, a Land Disposal Restrictions Notification and Certification Form (LDR) (see sample on page 42-43) will accompany each manifest.

(b) On the day the hazardous waste is removed, the location’s hazardous waste liaison, or

another certified supervisor employee authorized by both the liaison and EPIH, must sign the manifest and LDR represented by the contractor. The manifest must be reviewed for accuracy before signing. Under no circumstances may hazardous waste be removed without the manifest and LDR being signed by an authorized NYCT employee.

c) All hazardous waste removal contractors are provided with the names of the authorized

manifest signers at each location. To be authorized, an employee must have successfully completed the Hazardous Waste Training Course and must have their general superintendent or liaison submit a request for authorization by EPIH.

(d) In the event no authorized signers are present, only the (acting) location chief may sign

the manifest. (e) The authorized manifest signer must receive three (3) copies of the manifest and a LDR

from the contractor. The Liaison has ultimate responsibility for ensuring the proper distribution of these three copies, as listed in Attachments 2.

(f) Manifests are monitored by State agencies, who issue Exception Notices to EPIH

requiring that errors be corrected or that missing manifests or LDR's be forwarded. The government can take strong punitive measures against generators responsible for the improper distribution or loss of manifest or LDR copies. The cost of a violation for losing or misplacing a manifest or LDR can run as high as $25,000 per day, and if it can be proved that an individual knowingly and intentionally tampered with a manifest or LDR, or with its distribution, responsible individuals can face up to one year in jail for the first offense. It is therefore, of the utmost importance that only authorized persons sign and distribute the manifest and file the LDR.

(g) With the exception of manifest distribution, location personnel are not to correspond

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directly with Federal, State or local environmental agencies. All correspondence received from such agencies must be forwarded immediately to EPIH, 370 Jay Street, Room 819, Brooklyn, NY, Attn.: Environmental Safety.

Location Record keeping Requirements

Every hazardous waste generating facility is required by RCRA to maintain the following documents on file. These documents must be kept on site and made available for inspection to EPIH or Federal, State and local inspectors.

(a) The Hazardous Waste Manifest file must contain the following:

1. The original generator copy (generally copy #8), disposal facility photo copy (generally copy #3) mailed to the generating facility by EPIH , and the original LDR for each individual manifest. These documents must be maintained for three (3) years.

2. Copies of correspondence between regulatory agencies and EPIH regarding manifest or LDR’s

3 .Copies of Exception Notices filed by EPIH for missing copies of manifest or LDR's.

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Sample RCRA Manifest form

44

Sample LDR

45

Sample LDR

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Manifest Distribution Each of the three (3) manifest copies given to the designated manifest signer have instructions for distribution printed at the bottom of each manifest. Distribution is as follows: A. The copy saying "Generator-Mail to Disposer State" on the bottom of the form must be

mailed immediately to the address printed on the top of the manifest. This address is for the state in which the Hazardous Waste Treatment, Storage and/or Disposal Facility is located.

B. The copy which states "Generator-Mail to Generator State" on the bottom of the form

must be mailed immediately to:

New York State Department of Environmental Conservation Division of Hazardous Substances & Regulation H.W. Manifest P.O. Box 12820 Albany, New York 12212

C. The original generator copy (generally copy #8) is to be distributed as follows:

The original generator copy must be filed in the locations’s manifest file. A photocopy of original generator copy must by mailed to:

EPIH, 370 Jay Street, Room 819, Attn.: Environmental Protection

D. The Land Disposal Restriction Form must be filed with each manifest. No copy is needed for

OSS

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Task # 3: You are expecting an inspector from the Environmental Protection Agency (EPA) sometime in the next two weeks. From past experience with inspections, you know that your storage area is in pretty good shape. What you’re worried about is the state of your record-keeping files.

What records must be organized and available for inspection when EPA arrives?

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Record-Keeping At Each Location Each location is required to keep a Hazardous Waste Manifest File, a Hazardous Waste Storage Area Inspection Log, a Hazardous Waste Personnel Training File, and the Facility’s Contingency Plan on file and available for inspection by the System Safety Department (OSS) or by Federal or State inspectors. Here’s what those files must contain. 1) The Hazardous Waste Manifest File must contain:

Copies #3 and #8 of each individual manifest issued from your site, going back three years.

Correspondence between your location and OSS regarding manifests.

Exception notices for any missing copies of manifests.

Discrepancy Reports from removal contractors. (You’ll receive one whenever the waste removed is different from what is written on the manifest.)

By law, these documents must be kept for three years.

2) The Hazardous Waste Storage Area Inspection Log must contain:

Date of inspection (must be at least once a week)

The inspector’s initials

Conditions found

Any corrective actions taken

Date the corrective actions were taken.

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3) The Hazardous Waste Personnel Training File must contain: For each position related to hazardous waste:

1) The job title

2) Names of employees in that position

3) A written job description for each position including: skills, education, and other

requirements for the job; and the type and the amount of training required to be given to employees in that position, on both introductory and continuing basis.

For each current employee in a hazardous waste job:

Documentation that they have successfully completed the required training, and have received a certificate. (OSS regularly updates a master list of trained personnel from allocations. An up-to-date copy of this list must be maintained at your site).

For former employees:

Training records must be maintained for at least three years after the employee leaves. 4) The Location’s Contingency Plan The Contingency Plan is used at ‘large quantity generator’ facilities. These facilities generate greater than or equal to 2,200 pounds (approximately 263 gallons) of hazardous waste per month. The Emergency Response Plan is used at ‘small quantity generator facilities (facilities which generate greater than or equal to 220 pounds [26 gallons] and less than 2,200 pounds [263 gallons] of hazardous waste per month) and conditionally exempt small quantity generator facilities (generate less than 220 pounds [26 gallons of hazardous waste per month).

The Contingency Plan is much more extensive than the Emergency Response Plan. In addition, the Contingency Plan requires an Emergency coordinator to be at the jobsite at all times, whereas the Emergency Response Plan only requires a single Emergency Coordinator who is ‘on-call’ when not at the jobsite.

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EMERGENCY RESPONSE PLAN The following emergency response requirements must be met by all Conditionally Exempt Small Quantity Generators (CESQGs) of hazardous waste: Training All employees must be familiar with waste handling and emergency response as related to their jobs (i.e., Right to Know Training, Hazardous Waste Training, as applicable). Emergency Response At least one Emergency Coordinator (i.e., the employee responsible for responding to emergencies) must be designated at all times. The Emergency Coordinator must perform the following response activities, as applicable:

-in the event of a fire, contact the fire department -in the event of a spill, contain, ensure proper cleanup, and report the spill as per the ‘Management of Hazardous Waste’ P/I

The Emergency Coordinator for Corona Maintenance Shop is as follows: 1. Name of Emergency Coordinator: 2. Telephone Number: 3. Beeper Number: The Emergency Telephone Numbers are as follows 1. Police Department, Fire Department Ambulance: 911 2. Command Center DOS or DOB: 3. Office of System Safety’s Environmental Protection and Industrial Hygiene Unit (EPIH) (718) 243-4581/4891 Spill Response Procedures The following spill response procedures must be followed in the event of a spill: * Attempts to mitigate spills/leaks of hazardous materials or hazardous waste must be made.

Quantities of spilled materials where contents are known and not exceeding 55 gallons should be cleaned up by applying absorbent materials or neutralizing agents [i.e., baking soda for sulfuric acid]. Spills should be prevented from entering drains/environment via damming of the spill.

* Leaks of unknown substances, spill quantities greater than 55 gallons, or spill cleanups

where employees experience adverse symptoms of exposure shall be handled by the Transit’s hazardous waste contractor via notification of EPIH. Damming may be done to prevent the spilled material from entering drains/sewers.

* All spills must be reported to EPIH at (718) 243-4581/4891.

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Task # 4: List the steps you would follow in completing this job.

Your supervisor has told you to clean out the paint gun waste from the drain in the paint booth. You are to take the hazardous waste out to the hazardous waste storage area, following proper procedures.

What should the hazardous waste storage area look like by the time you finish your work? List the requirements you must follow.

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Checklist for Hazardous Waste Storage Area Inspections

According to RCRA, the hazardous waste storage area must be inspected at least once a week. The results of each inspection must be recorded in the Hazardous Waste Storage Area Inspection Log. Check for the following:

- The area contains a berm or drums are stored on secondary containment pallets and a roof must be used to prevent accumulation of rainwater in the secondary containment pallets.

- There are no drains within the area which will be impacted in the event of a spill

- "HAZARDOUS WASTE STORAGE AREA" sign is posted.

- "NO SMOKING" sign is posted.

- Charged fire extinguisher is present (20 lb. multi-purpose ABC).

- Drums of "ignitable" waste are at least 50 feet within the facility's property line.

- Pallets holding drums are in good condition.

- The aisles between and around the pallets are wide enough to operate machinery and remove drums in an emergency.

- Maximum of 8800 gallons of hazardous waste stored at one time (160 fifty-five gallon drums).

- All drums have visible labeling and markings on them.

- Incompatible hazardous waste drums must be stored in different parts of the storage area. (Keep acids away from alkalies, also called "bases".)

- Drums must not have an accumulation date more than 90 days old.

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Activity 3: EMERGENCY RESPONSE Purpose: To understand the basic principles of reacting to emergency situations and to begin to apply these principles to the types of emergencies that might occur at New York City Transit. To examine a contingency plan used at New York City Transit and become familiar with the type of information these plans must contain. Task: Read the following situation and answer the questions on the next page.

You and your co-workers are faced with a potential emergency situation. A 55 gallon drum of Polyurethane Thinner has sprung a leak, and is threatening to contaminate your hazardous waste storage area

You have been given the MSDS to help you interpret the information.

You have also been handed a copy of your facility’s contingency plan (see hand-out: NYCT Contingency Plan).

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1. What information from the Polyurethane thinner MSDS would you use in handling the spill?

2. What information from the Contingency Plan would you use in handling

the spill?

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MSDSs: Filling In the Gaps

Employers are required by OSHA, the Occupational Safety and Health Administration, and by many state laws to provide Material Safety Data Sheets (MSDSs) for chemicals used in the workplace. The MSDS is prepared by the product’s manufacturer and provides basic information on the chemical’s physical properties and related health effects. The MSDS gives guidance on using, storing, and handling substances safely on the job and in emergencies such as fires and spills. But these sheets are not always accurate and complete. Thus employees must exercise caution in proper handling/use of all chemicals.

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What’s in an MSDS? Section I: Product Identity This information gives you the product’s name as it appears on the label and company’s chemical inventory list. This is usually the shop floor name, e.g., “Solvent 460"or “Trichlor.” The manufacturer is listed along with a contact person you can call to get more information on the product - before an emergency occurs. Section II: Hazardous Ingredients This section is the key part of the MSDS. It gives you the basic ingredients in the product and tells you the legal and recommended limits for workplace exposures. Remember to get the exact spelling of the chemicals because many chemicals have similar names but different health effects. The following explains some technical language you might find on data sheets related to exposure limits: PEL (Permissible Exposure Limit): This is an exposure limit established and enforced by OSHA and the New York State Department of Labor Division of Occupational Safety and Health. Three types of PELs are: TWA (Time Weighted Average) - exposure over any eight hour workshift of a 40 hour work

week STEL (Short Term Exposure Limit) - a 15 minute TWA exposure which cannot be exceeded

at any time. Ceiling - an exposure which cannot be exceeded during any part of the workshift. TLV (Threshold Limit Value): TLVs are suggested - not legal - standards established by the American Conference of Governmental Industrial Hygienists (ACGIH), which is not a government agency. TLVs can be expressed in three different ways as follows: TLV-TWA (Time-Weighted Average): These are recommended average concentrations

over an eight hour day. This term is used to express the airborne concentration of a material to which nearly all persons can be exposed without adverse effects.

TLV-STEL (Short-Term Exposure Limit): This is the maximum concentration for a 15-

minute period (maximum of four such periods per day, with at least 60 minutes between exposure periods, provided that the daily TLV-TWA is not exceeded).

TLV-C (Ceiling Exposure Limit): This is the concentration that should not be exceeded even

for a split second.

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LD 50 or LC 50 (Lethal Dose and Lethal Concentration): These terms refer to the dose or concentration of a chemical which, in experiments, kills 50% of the test animals. Skin or “S” means the substance may be absorbed through the skin by liquid contact or through the mucous membranes and eyes by direct contact or airborne contact. Here are some explanations for the numbers used (note that for most substances, mg/m3 can be converted into ppm):

mg/m3 : This is milligrams of substance per cubic meter of air. The term is most commonly used for measuring concentrations of dusts, metal fumes, or other particles in the air.

mg/kg: This is milligrams of substance per kilogram of body weight. It is used generally to measure toxic chemicals we ingest.

ppm: This means parts per million. It is used for measuring the concentration of a gas or vapor in a million parts of air.

Section III: Physical Data This section provides critical information about the properties of chemicals - like vapor pressure, vapor density, boiling point and evaporation rate. If you understand these measurements, you can learn a lot about hazards of a particular chemical. For example, chemicals with high vapor pressure in sealed containers are more likely to explode if temperatures rise. Chemicals with a vapor density greater than one (1) tend to collect in low areas or confined spaces, replace your oxygen, and can suffocate you. Section IV: Fire and Explosion Hazard Data This section provides basic information on fire prevention and control. It includes the flashpoint of the chemical - the lowest temperature at which liquid will give off enough flammable vapor to be ignited if there is an ignition source (heat) and oxygen. The lower the flashpoint the greater the risk of fire. (See page 61 for more on flashpoint.) Section IV also covers what type of fire extinguisher to use. Section V: Reactivity Data This section tells us whether or not the chemical is likely to break down or react with other substances causing fires, explosions, or the release of different, even more hazardous substances. Section VI: Health Hazard Data This section explains how the chemical enters the body, whether it causes cancer and what are its short and long-term health effects. Most of what you can learn from an MSDS will be about short-term reactions to high exposures rather than long-term health consequences from working with a chemical every day. You may want to get some assistance from a health and safety person to verify the health effects information.

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Section VII: Precautions for Safe Handling and Use This section should give you information to plan for emergencies (type of emergency respirators to have on hand, exit routes and ways to deal with small spills). It also provides procedures for proper waste disposal and precautions for storage and handling. Unfortunately, this section is often incomplete for emergency planning. Section VIII: Control Measures This section provides information on appropriate respirators, protective clothing, ventilation and safe work practices. These almost always represent the bare minimum in protection and tend to emphasize protective gear and respirators over engineering controls which control the problem at the source of exposure. So, you may want to demand more from your employer.

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Your Rights Under the Law Your company is required by OSHA and many state laws to: Have an MSDS for every hazardous chemical used in the workplace and must provide you with a copy no later than 15 days after the request, at no charge. Ensure that they are readily accessible to all workers during each shift. If the MSDS is not available at the time of request, it must be provided to you during that shift. Provide training to you and your co-workers so that you understand the health effects of these chemicals and how to work with them safely.

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Sample MSDS

61

Sample MSDS

62

Sample MSDS

63

Sample MSDS

64

Sample MSDS

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How To Handle A Minor Spill New York City Transit considers any spill involving a known material of a 55 gallon drum or less a “minor spill”, which can be handled by the Transit personnel*. The only exception to this procedure regards liquid mercury (in that case EPIH must be immediately notified).

1. Impede flow via application of absorbent material in/around spill’s path. Apply same to protect vulnerable drains. No direct contract with spilled material is necessary at this time.*

2. Identify nature of spill material via visible labeling, MSDS, and/or consulting supervisor.

If spilled material cannot be identified, no further action is necessary and OSS must be notified immediately.

Wear skin/eye protection in all incidents before attempting to stop the source of the leak/spill.* Once personal protective equipment is donned, you can try to stop/contain a leak by:

- Closing a valve or pump, patching a hole or rotating the container

- Placing a leaking drum inside an 85 gallon recovery (overpack) drum

- Constructing an artificial barrier

3. Place the spilled material which has been soaked up with an absorbent into a drum and

follow standard Hazards Waste procedures for labeling the drum and transfer to the Hazardous Waste Storage Area.

* DISCONTINUE CONTROL AND/OR CLEAN-UP ACTIVITIES SHOULD YOU EXPERIENCE EYE/SKIN IRRITATION, HEADACHES OR ANY OTHER INDICATION OF EXPOSURE TO THE SPILLED MATERIAL! In such an eventuality, EPIH is to be contacted at (718) 243-4581 or 4891.

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How To Handle a Large Spill or A Spill of Unknown Materials

When there is a spill larger than one 55-gallon drum, or spill of unknown material in any amount, the Emergency Coordinator should be contacted. In an emergency, the Emergency Coordinator should, as necessary:

Impede flow via application of absorbent material in/around spill’s path. Apply same to protect vulnerable drains. No direct contract with spilled material is necessary at this time. Activate alarms

Evacuate people from the affected area(s).

Notify Command Center

Notify Office of System Safety : (718) 243-4581/4891

Identify the extent of release hazardous substances.

Determine hazards to people and the environment.

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Duties of the Primary Emergency Coordinator Insure that all emergency coordinators at the site have the authority to commit whatever resources are needed to carry out the Site Contingency Plan. Insure that all emergency coordinators are thoroughly familiar with: 1) All aspects of the facility’s Contingency Plan 2) All operations and activities of the facility 3) The location of all records within the facility 4) The facility’s layout Maintain a copy of the facility’s Contingency Plan at the facility, making sure that: 1) It is available for inspection by the Office of System Safety or by Federal and State

inspectors. 2) The location chief, hazardous waste liaison and other appropriate personnel know

where the plan is located. Notify System Safety whenever the Contingency Plan needs to be changed, such as: 1) When the design, construction, maintenance or operation changes in a way that

might increase the chance of fire, explosion or release or hazardous waste, or that changes how you might have to respond in an emergency.

2) The list of emergency coordinators changes. 3) The list of emergency equipment changes. Ensure that an emergency coordinator is on call at all times.

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Activity 4: USING MSDSs TO SAFELY HANDLE HAZARDOUS WASTE

Purpose: To gain some experience using Material Safety Data Sheets. To understand basic chemical terms that can help us prevent explosions, releases and accidents. Task: Imagine that your group is the Site Safety Committee and that workers from the hazardous waste drum storage area have told you they are worried about handling some of the stored chemicals.

A number of 55 gallon drums of waste are all stored close together without much separation between materials. You can tell that some of the drums are leaking and some are corroded. The hazardous waste workers say they can sometimes smell chemicals. They suspect they are breathing in something dangerous. The drums are labeled: Exterior Rail Car Cleaner; Potassium Hydroxide Solution; and Gum Remover.

Your task is to look at the MSDSs for these products and develop a safety report for this storage area. You have to figure out what to tell these workers who have come to you for advise. First, let’s make a list of the questions we need to answer. We will do this as a class.

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Flashpoint Flashpoint (FP) is the temperature to which you must heat a liquid chemical so that it gives off enough vapor to catch on fire in the presence of an ignition source (e.g., spark or match) and oxygen. The lower the flashpoint, the greater the hazard.

Flashpoint less than 100°F = High Fire Risk (Flammable) Flashpoint between 100°F and 200°F = Moderate Risk (Combustible) Flashpoint greater than 200°F= Low Fire Risk (Combustible)

Here is an example: Benzene (a liquid at normal room temperature) has a FP of 12°F. This means that if a drum of liquid benzene is heated or is warmer than 12°F (which is obviously the case in a work area) it will give off enough vapor that a fire could be caused by a spark, a lit match or some other ignition source. In general, any time you have a chemical whose flashpoint is less than the temperature surrounding it, you have reason to worry. For example: Once the temperature of liquid toluene exceeds 81°F, there will be enough vapor about the liquid to ignite. This means that if workplace temperatures climb above 81°F, and there is liquid toluene around, there will be enough vapor to catch fire if there is a spark, flame or other ignition source. In a practical sense, whenever you work with a chemical whose flashpoint is less than room temperature (i.e., less than 65°F), there is a real fire hazard.

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Two Types of “Toxins”

When you mix laws that protect workers with laws that protect the environment, you can get some pretty confusing language. One of the best examples is the word “toxic”. In everyday language a toxic waste or toxic chemical tends to cause immediate or long-term damage to a person’s health. It might even kill you. But, when the RCRA regulations uses the word toxic, it means harmful to the environment. Specifically, the law wants to insure that chemicals don’t end up in the drinking water supply. So, they come up with Toxic Characteristic Leaching Procedure (TCLP).

Table I - Maximum Concentration of Contaminants for the Toxicity Characteristics

Regulatory

EPA HW No. 1 Contaminant CAS No.2

Level (mg/L) D004 Arsenic 7440-38-2 5.0 D005 Barium 7440-39-3 100.0 D018 Benzene 71-43-2 0.5 D006 Cadmium 7440-43-9 1.0 D019 Carbon tetrachloride 56-23-5 0.5 D020 Chlordane 57-74-9 0.03 D021 Chlorobenzene 108-90-7 100.0 D022 Chloroform 67-66-3 6.0 D007 Chromium 7440-47-3 5.0 D023 o-Cresol 95-48-7 200.0 D024 m-Cresol 108-39-4 200.0 D025 p-Cresol 106-44-5 200.0 D026 Cresol 200.0 D016 2,4-D 94-75-7 10.0 D027 1,4-Dichlorobenzene 106-46-7 7.5 D028 1,2-Dichlorobenzene 107-06-2 0.5 D029 I,I-Dichloroethylene 75-35-4 0.7 D030 2,4-Dinitrotoluene 121-14-2 0.13 D012 Endrin 72-20-8 0.02 D031 Heptachlor (and its epoxide) 76-44-8 0.008 D032 Hexachlorobenzene 118-74-1 0.13 D033 Hexachlorobutadiene 87-68-3 0.5 D034 Hexachloroethane 67-72-1 3.0 D008 Lead 7439-92-1 5.0 D013 Lindane 58-89-9 0.4

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D009 Mercury 7439-97-6 0.2 DO14 Methoxychlor 72-43-5 10.0 D035 Methyl ethyl ketone 78-93-3 200.0 D036 Nitrobenzene 98-95-3 2.0 D037 Pentachlorophenol 87-86-5 100.0 D038 Pyridine 110-86-1 5.0 DOIO Selenium 7782-49-2 1.0 DOII Silver 7440-22-4 5.0 D039 Tetrachloroethylene 127-18-4 0.7 D015 Toxaphene 8001-35-2 0.5 D040 Trichloroethylene 79-01-6 0.5 D041 2,4,5-Trichlorophenol 95-05-4 400.0 D042 2,4,6-Trichlorophenol 88-06-2 2.0 D017 2,4,5-TP (Silvex) 93-72-1 1.0 D043 Vinyl Chloride 75-01-4 0.2

1 Hazardous waste number. 2 Chemical abstract service number.

For example, waste water generated from certain cleaning tanks is toxic. If the waste water is disposed of improperly, the metals can seep underground and into the drinking water supply and cause harm. For a worker on the job, however, there is no more danger in being exposed to waste oil than to oil before it was poured in and used. On the other hand, certain cleaners, degreasers and solvents which collect heavy metals and are considered toxic, may also be dangerous on the job, depending on how much you are exposed to. These wastes would fit both definitions of toxic. The bottom line: Don’t assume that a toxic waste is harmful to you on the job, but don’t assume it isn’t. Don’t assume, period. Find out about the specific substance.

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Some Other Basic Chemical Terms:

pH The pH of a chemical tells you if the chemical is an acid, a base (also called alkali or caustic) or neutral. The pH scale goes from 0 to 14, with 7 being neutral (water).

. pH less than 7 = acid

. pH more than 7 = base

Strong Acid Neutral Strong Base

_____________________l__________________________ 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14

The lower the pH (below 7), the stronger the acid. The higher the pH, (above 7) the stronger the base. Many organic hydrocarbons (e.g. gasoline, benzene, kerosene, etc.) have almost neutral pHs (i.e., close to 7). Here are some things to remember about pH:

Chemicals with pHs much lower or much higher than 7 will cause irritation and burns to the part of the body coming into contact with the material.

Base chemicals (i.e., those with pHs above 7) are much more dangerous to the eyes than are acids. Acids “sit” on the surface of the eyes, if splashed, and can

therefore be washed off (if done quickly), often without resulting in permanent damage.

Base chemicals rapidly penetrate the eye tissue; often causing quick and lasting damage.

Store like with like. Chemicals with lower or higher pH should only be stored with chemicals of like pH and never with their opposite or a neutral chemical.

Oxidizers

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These are chemicals that give off oxygen. That’s important to know because giving off oxygen feeds a fire and can cause materials normally hard to burn at much higher temperatures. Fires (and explosions) need three things to exist:

a fuel (wood, paper, oil, etc.)

an ignition source (flame, spark, electrical source, etc.)

and oxygen. Oxidizers can be extremely dangerous. They make it easier for a fire to start. Under normal circumstances you probably couldn’t start a fire in a pile of wood from the kind of spark or “shock” you get when you walk across a rug and then touch a metal door knob. But if there were an oxidizer around and you had that kind of spark, there would be a much greater fire hazard. Therefore, oxidizers must never be stored near combustible or flammable chemicals.

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Vapor Pressure Vapor pressure is a measure of how much vapor is given off by a chemical at a given temperature. Chemicals with high vapor pressure readings are more likely to contaminate the air than are chemicals with low vapor pressure readings. The vapor pressure of a chemical rises when it is heated. It is referred to as a vapor pressure because it is measured by seeing how “hard” the vapor of a material “pushes” against the sides of a closed container. If the liquid is heated, the vapor pressure will rise. Vapor pressure is measured in millimeters of mercury (mmHg) at a certain temperature. Chemicals whose vapor pressure is less than one (1) at room temperature are not likely to pose airborne vapor hazards. Chemicals whose vapor pressures exceed fifty (50) or so at room temperature are more likely to present airborne exposure hazards. The practical significance of this measure is: If a chemical has a high vapor pressure more of it will be in the air than a chemical with a low vapor pressure. Given two liquids with the same toxicity rating, the most hazardous one will be the one with the lighter vapor pressure. Vapor pressure can also warn us about the possibility of explosions. High vapor pressure chemicals in sealed containers can explode if, for instance, there is a fire nearby or temperatures rise. Liquids with a high vapor pressure may be particularly hazardous if you are working in an enclosed or confined area, especially if the liquid is flammable. This chart can tell you, for High Vapor Pressure example, that: (Higher than 10 mm Hg @ 68°F)

Acetone 266 mm Benzene 75 mm

Moderate Vapor Pressure

(Between 1 and 10 mmHg @ 68°F) Ethylene Glycol Diethyl Ether 9.4 mm Methyl Cellosolve 6.2 mm

Low Vapor Pressure (Less than 1 mmHg at 68°F) PCBs .001 mm Sulfuric Acid .001

mm Acetone is much more likely to be an airborne hazard than Sulfuric Acid. If both Acetone and Sulfuric Acid were released during an accident, you would expect to find

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more Acetone than Sulfuric Acid. Vapor Density Vapor density is a measure of the relative weight or “heaviness” of a vapor or gas compared with an equal volume of air. It tells you something about where you might expect to encounter the vapor of a particular chemical--in the bottom of a reaction vessel, along the floor or near the ceiling.

A vapor density of less than one (1) means that the vapor will rise in the air.

A vapor density of greater than one (1) means that it will fall. This is because air is assigned a vapor density of one (1). Any chemical which has a vapor density greater than one (1) is heavier than air and will sink toward the floor. These dense vapors may “roll” along the ground and collect in “pools” and low-lying areas such as the bottom of a reaction vessel. Chemicals with vapor densities less than one (1) are lighter than air and will rise. These vapors can collect in pockets near ceilings. Worry if the Vapor Density is greater than one (1):

Dense vapors, both toxic and non-toxic, collect in low areas and confined *paces and displace the oxygen that is there. If enough oxygen is displaced, you can suffocate. Thus, even non-toxic dense vapor can be hazardous. High vapor density chemicals can also be flammable. Vapors can travel far from their liquid source and concentrate in low-lying areas where you might not expect them. A carelessly thrown away match or cigarette could easily ignite these flammable vapors. Vapor density tells us where to expect to find a chemical vapor. Knowing where to look for a vapor is important for monitoring purposes. Air monitoring in a worker’s breathing zone may not show some of the real dangers if the vapor density is greater than one!

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Attachment A

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Universal Waste Regulations EPA’s Universal Waste Regulations - Proper Management of Nickel Cadmium Batteries The United States Environmental Protection Agency (EPA) has finalized the Universal Waste Rule for the management of certain hazardous wastes including hazardous waste batteries such as nickel cadmium batteries. These regulations exempt the management of nickel cadmium batteries from hazardous waste management requirements if the waste batteries are sent for reclamation, such as the ones generated at Coney Island. The new operating requirements are less stringent than the hazardous waste regulations. The following is an outline of the operating requirements in the rule: Storage Practices: Universal wastes must be stored in a manner which prevents releases of the wastes into the environment. Proper storage practices, such as utilizing secondary containment structures must be implemented to prevent releases to the environment. Secondary containment structures must be resistant to corrosive electrolyte and be provided for all batteries stored outdoors, or stored indoors near drains that may be impacted in the event of a spill. Secondary containment may be provided by utilizing one of the following.

* Secondary Containment Pallets Prefabricated secondary containment pallets may be utilized. If the area is located outdoors, tarps or a roof must be used to protect the batteries and prevent the accumulation of rainwater in the secondary containment pallets. Otherwise, specially designed spill containers with covers may be used. *Curbing A curb capable of containing the total capacity of one full pallet of batteries may be constructed. If the batteries are stored outdoors, the ground must be a solid/impervious surface and storm water must be removed from the curbed area on an as needed basis. Additionally, protective covers or a roof must be in place to prevent the accumulation of rainwater on and subsequent deterioration of the batteries. Also, batteries must be stored on pallets to facilitate the detection of leaks.

Labeling/Marking: Either containers holding universal waste batteries or each individual battery must be labeled “Universal Waste - Batteries.” Accumulation Time Limits: Universal waste may be accumulated for up to one year from the date of generation. This one year period may be exceeded only in cases where accumulation is necessary to facilitate proper recovery, treatment, or disposal. You must be able to demonstrate the length of time the waste has been accumulated by marking the waste with accumulation date, marking the accumulation area, or maintaining an inventory that identifies the accumulation date. OSS recommends labeling the battery containers (e.g., pallet upon which waste batteries are stores). Employee Training: Generators must ensure that all employees are throughly familiar with proper waste handling and emergency procedures. Employees must be trained in both NYCT’s Right-to-Know Training and Hazardous Waste Training to meet this requirement. Response to Releases:

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Releases of battery electrolyte must be contained and cleaned immediately. Spill cleanup material must be drummed and managed as hazardous waste. Employees must be trained in Right-to-Know Training and Hazardous Waste Training to perform this duty. Recordkeeping Requirements: A record of all universal waste shipped off-site must be maintained by the designated hazardous waste liaison and be available during inspections by the Office of System Safety (OSS) and environmental regulatory agencies. The records must include the name and address of the facility where the waste was sent, quantity of waste sent, and the date of shipment. Records must be retained for at least three years.