This presentation is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. No person should act or fail to act on any compliance matter based on the contents of this presentation.
Overview of what retailers should know regarding “Haz Mat” handling at retail store and transportation regulations Overview of what suppliers should know regarding regulations A Haz Mat Transportation Activities Flow Chart State-by-State Regulatory Update
Packs shipping containers Labels or marks shipping containers Loads ships, trains, planes, & etc. Prepares manifests, Bills of Lading, or other shipping papers Training every 3 years
• Properly labeling a package to indicate that it contains a hazardous material
• Preparing the required paperwork • Providing and maintaining
emergency response information • Certifying that hazardous material
is in proper condition for transportation
• Segregating hazardous materials from incompatible cargo
• Affixing placards to a freight container or transport vehicle to indicate that it contains hazardous material
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Presentation Notes
Required to file an annual registration statement with DOT. Insurance Trained “Hazmat Employees” (defined term) must perform regulated activities Determining the hazard class of a hazardous material Employing appropriate hazardous materials packaging protocols Properly labeling a package to indicate that it contains a hazardous material Preparing the required paperwork Providing and maintaining emergency response information Certifying that hazardous material is in proper condition for transportation Segregating hazardous materials from incompatible cargo Affixing placards to a freight container or transport vehicle to indicate that it contains hazardous material Training employees which addresses hazardous materials transportation requirements, including packaging, proper handling of hazardous materials, and security. Additional requirements for Haz/Medical Waste Haulers
The FY 2010 EPA budget includes approximately $600 million for its Enforcement and Compliance Assurance Program, representing the highest enforcement budget ever, and a $32 million increase over the FY 2009 Enacted level. This commitment to vigorous enforcement of our nation’s environmental laws ensures that EPA will have the resources necessary to maintain a robust and effective criminal and civil enforcement program. 1
2013 EPA Agenda Item: Title: Hazardous Waste Requirements for Retail Products; Clarifying and Making the Program More Effective Abstract: The Environmental Protection Agency (EPA) is exploring ways to clarify and make the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations more effective for managing waste retail products.
EPA indicated new Waste Rule for Pharmaceuticals in 2013 CA AB-1442
States continue to create state level hazardous waste rules
Extended Producer Responsibility
EPA/DOT focused on retail in 2013
THINGS ARE CHANGING… 15
Presenter
Presentation Notes
Rulemaking and things to Monitor EPA indicated new Waste Rule for Pharmaceuticals in 2013 States continue to create state level haz waste rules EPA / DOT focused on retail in 2013 CA AB-1442 Extended Producer Responsibility Things are changing…
Increased Regulatory Requirements Government Inspections- With the recent recall activity, counterfeit concerns etc., the government seems to be getting more involved with implementing new regulations, but also monitoring those as well. Hazardous Waste & Landfill Fines-There a fines for not considering retail store product re-use, recycling and disposal. Examples- Retailer agrees to pay $10 million to California for improper handling of hazardous waste, Retailer fined $3.1 million for clean water act violations, Retailer fined for failure to conduct a determination of hazardous waste. One retail store was fined $18,160 for failing to close one container of hazardous waste, conduct weekly inspections of hazardous storage area, label containers with hazardous waste and accumulation date, label containers used to store universal waste lamps Stores have hazardous and universal waste- hazardous material spill clean-up; proper segregation of waste, damaged un-saleables, returned materials, pharmaceutical and medical waste, lamps, batteries, electronic waste Retail Stores need to comply with regulatory requirements- RCRA-40 CFR Part 260-261 (hazardous & pharmaceutical waste), Universal Waste – 40 CFR Part 273 (batteries, lamps, mercury containing equipment), DOT- 49 CFR Subchapter C- transportation of waste Stores should define hazardous waste (ignitable corrosive, reactive, toxic, listed) (cleaning chemicals, bleach, hair coloring, nail polish, aerosols) Reverse distribution was recommended for some items, but cautioned not to use solely as a waste management tool. Increased Recall Activity- Inmar has seen the results of this increase. More to come on this topic later. Recalls fall into the category of a high risk, low probability category, which makes it an area that companies tend not to plan for. Food Safety – consumer confidence is back but is fragile ’05 was 85%’06 was 82%’07 was 66%’08 so far is 81% Consumers trust their grocers more than federal agencies Trust in…..FDAUSDAGrocersSomewhat agree33%34%56%Total agree76%79%92% Industry Recall Portal is a web-based portal that is on the FMI site and it will go live in June. Manufacturers put in the information, retailers are expected to pay a subscription fee to receive notifications from the site. Environmental Sustainability 62% of investors think it’s great that companies are publicly making statements about going green. 58% of consumers are more likely to by a product or service if they know the company is mindful of its impact on the environment and society 84% of investors agree that the profitability of businesses will increasing be linked to its ability to address resource sustainability issues 67% of consumers say that sustainability is here to stay. Must find a balance between business considerations, pollution minimization, resource conservation, and sustainability Reduced Packaging Reduced Carbon Footprint Recycling or Secondary Use
Past: (slide text): Federal haz waste rules, limited enforcement initiatives, low level awareness within the retail industry Past: The retail industry, including the reverse supply chain had to contend with a single set of regulations from the EPA. EPA’s guidance includes the decision to discard a product, the intended use of the product and using a reverse logistics provider is an approved practice. With little to no enforcement initiatives from the federal level, the retail industry felt little regulatory impact to the overall business model for product movement through the reverse supply chain. Present (slide text): State level regulations, focused inspections, differing enforcement standards, increased awareness of regulations In today’s reverse supply chain, state level hazardous waste regulations are impacting the movement of products from the store through the DC’s to the reverse logistics provider. These state regulations are further complicated by varying interpretations as to when a product becomes a waste and varying definitions of what is a waste. Some retailers have devoted IT resources to aid the backroom employee with guidance to classify a product as a waste. Other retailers do not have this level of IT sophistication, so the identification is a manual process. Employee training also adds to the complexity of today’s reverse logistics product flow. Employee turn-over, the “low level” task of packaging returns in the backroom of a retail space, and retention of training contribute to this complexity. As a result of this complexity, retailers and reverse logistics providers are communicating and working together to tweak returns programs in order to maintain compliance with the various waste regulations. Wendy will describe one such effort that is currently underway between CVS and Inmar. Future (slide text): Creative and Sustainable programs designed to reduce destruction. Collaboration of trading partners will be vital to the success of the reverse logistics model. Manufacturers, retailers and reverse logistics companies will need to find creative ways to re-use, reduce, recycle the 100,000’s of items flowing through the reverse chain. As a part of these programs, the carbon footprint will need to be considered as part of the waste minimization strategy and smarter in-store waste handling programs need to be developed.
