Smart Compliance Audits with Jump Questions

Nimonik is thrilled to announce a new feature on NimonikApp.com and Nimonik Audit for iPad and iPhone: Smart Audits with Jump Questions. Audits and inspections can now contain logic, allowing you to skip questions based on your responses to other questions. This feature is particularly useful for large, complex regulatory compliance audits in Canada, the United States or abroad. Internally, we call these questions Kangaroo questions as they allow you to rapidly move through questions and get your audits done faster.

For example, during an audit on iPad or on the web you might select No to the following Question 1, which would take you immediately to the Question 2 below and mark the irrelevant questions automatically as not applicable. These jump questions are being rolled out to all of our compliance audit protocols and if you would like to build jump questions into your own audit templates, please contact us at [email protected]

Question 1

From the California Environmental Audit Protocol:

22377 Title 40 S.261.4(b) – 1.1.2.1 Waste Characterization

1.1.2.1 Waste Characterization: Does the facility generate and dispose of “solid wastes” OTHER THAN THOSE WASTES characterized as:

• – household wastes [261.4(b)(1)];
• – wastes from the growing and harvesting of agricultural crops or the raising of animals (including manure) which are returned to the soils as fertilizers [261.4(b)(2)];
• mining overburden returned to the mine site [261.4(b)(3)];
• fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste, generated primarily from the combustion of coal or other fossil fuels, except as provided by 266.112 for facilities that burn or process hazardous waste [261.4(b)(4)];
• drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy [261.4(b)(5)];
• certain wastes which fail the test for the Toxicity Characteristic solely because chromium is present in a specific valence state [261.4(b)(6)];
• certain solid wastes from the extraction, benefication, and processing of ores and minerals [261.4(b)(7)];
• cement kiln dust waste, except as provided by 266.112 for facilities that burn or process hazardous waste [261.4(b)(8)];
• certain solid waste which consists of discarded arsenical-treated wood or wood products [261.4(b)(9)];
• certain petroleum-contaminated media and debris [261.4(b)(10)];
• certain injected groundwater related to free phase hydrocarbon recovery operations [261.4(b)(11)];
• used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment [261.4(b)(12)];
• non-terne plated used oil filters [261.4(b)(13)]; or
• used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products [261.4(b)(14)]? [261.3(a)(1) and 261.4(b)]

If NO, STOP. The remainder of this Division does NOT apply. RCRA does NOT consider these materials that are “solid wastes” to also be “hazardous wastes”, and are therefore excluded from regulation under Subtitle C.

Question 2

22405 Title 40 S.262.11(a) – 1.2.1.1 Cond Exempt Small Qty Generators

1.2.1.1 Cond Exempt Small Qty Generators: Has the facility correctly determined whether any of the solid wastes generated by the facility are hazardous wastes or acute hazardous wastes by first determining if the waste is excluded from regulation under 40 CFR 261.4? [262.11(a)]

If NO, STOP. A correct determination of generator status cannot be made until the wastes are properly characterized. The exclusions described under 40 CFR 261.4 are covered in Section 1.

Legal Details

CALIFORNIA 22 CCR 66262. 10 -Standards for generators – Applicability
The federal exemption for small quantity generators that generate

Cal/EPA includes the following in addition to federal requirements:
Generator who treats/stores/disposes of hazardous waste on-site shall comply with the prescribed sections of chapter 12 with respect to that waste.
Article 1 does not apply to generators handling only hazardous waste produced incidental to owning & maintaining their own place of residence (22 CCR 66262.10).

State Legislation: Section 10 of Division 4.5 Chapter 12 Standards Applicable to Generators of Hazardous Waste under Title 22. Social Security
(b) A generator who treats, stores, or disposes of hazardous waste on-site shall comply with the following sections of this chapter with respect to that waste: section 66262.11 for determining whether or not the generator has a hazardous waste, section 66262.12 for obtaining an identification number, section 66262.34 for accumulation of hazardous waste, section 66262.40(c) and (d) for recordkeeping, section 66262.43 for additional reporting, section 66262.44 for hazardous waste of concern reporting, and if applicable, section 66262.70 for farmers.
(i) This article does not apply to generators handling only hazardous waste produced incidental to owning and maintaining their own place of residence.

[Title 22, Division 4.5, Chapter 12, Article 1]