THE FINAL EBOOK IN A THREE-PART SERIES EXPLAINING THE

REGULATIONS TRIGGERED WHEN yOUR ORGANIzATION

AcqUIRES AND USES cHEmIcALS. LEARN ABOUT DOzENS OF

ENvIRONmENTAL, HEALTH AND SAFETy (EH&S) PROvISIONS INTENDED

TO ENSURE THAT THOSE cHEmIcALS ARE mANAGED SAFELy.

By jON ELLIOTT BSE, mPP, jD

COMPLYING WITH ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS FOR ACTIVITIES INVOLVING

HAZARDOUS CHEMICALS 03

Front cover photo credit: Bert van Dijk via Photopin

EHS Hazardous Chemical Checklists / eBook Volume 32

When your organization acquires and uses chemicals, it triggers dozens of environmental, health and safety (EH&S) provisions intended to ensure that those chemicals are managed safely. Since there is no unified chemical-handling law, the first and only place these compliance requirements come together is at regulated organizations – and in your hands, if you have EH&S compliance responsibilities.

This is the third and final volume in a three-volume eBook series, providing basic information and self-assessment checklists to help readers consider the dozens of EH&S provisions when your organization acquires and uses chemicals. This volume deals with post-use management of chemicals in wastes, and in emissions to air and discharges to water.

Together, these three volumes present the following information:

• volume I:

- Introductory summary of US federal laws and regulatory agencies

- Right to Know: Worker Protection and Right to Know provisions, and Emergency Planning and community Right to Know provisions

• volume II: Onsite Storage and management

- Fire and Building codes

- Hazardous materials Transportation

- Facility Security Requirements

- Underground Storage Tank System Requirements

• volume III: Waste and Emission management, and compliance calendar

- Hazardous Waste management

- Air quality Protection

- Water quality Protection

jon F. Elliott, BSE, mPP, jD california 2014

introduction

EHS Hazardous Chemical Checklists / eBook Volume 3 3

contentsIntroduction 2

Hazardous Waste Management Requirements 4

Defining Regulated Hazardous Wastes 4

Managing Hazardous Wastes Onsite 6

Self-Assessment Checklist 8 9

Air Quality Protection Requirements 8

Defining Air Quality Pollutants 8

Emission Permits for Specified Stationary Sources 11

Other Requirements and Limitations 12

Self-Assessment Checklist 9 14

Water Quality Protection Requirements 15

Defining Water Quality and Pollutants 15

Limiting Routine Discharges 15

Limiting Storm Water Runoff 16

Spill Prevention 18

Self-Assessment Checklist 10 19

About the Author 20

photo credit: Ben Amstutz via photopin cc

EHS Hazardous Chemical Checklists / eBook Volume 34

Federal and state laws provide for “cradle to grave” regulation of hazardous wastes. The federal hazardous waste laws generally are known as the Resource conservation and Recovery Act (RcRA) of 1976. This legal framework has been constructed in several steps, including the Solid Waste Disposal Act (SWDA) of 1965, RCRA itself, the SWDA Amendments of 1980, the Hazardous and Solid Waste Amendments of 1984 (HSWA), and even sections of the Superfund Amendments and Reauthorization Act of 1986 (SARA). The RCRA framework continues to evolve, with occasional statutory revisions and frequent regulatory updates.

The US Environmental Protection Agency (EPA) is primarily responsible for RCRA, including the development of national regulations and standards, and nationwide administration of the hazardous waste program. However, national policy encourages individual states to seek “authorization” from EPA to implement some or all RCRA provisions. States that obtain RCRA authority merge it into their ongoing administration of state hazardous waste laws, which may have additional and/or stricter requirements than the federal ones summarized in this discussion.

Defining Regulated Hazardous Wastes

Laws and regulations discussed in the first two volumes of this eBook series apply based on the presence of the hazardous chemicals (hazardous materials, hazardous substances) they regulate, based on their physical and biological properties, with little or no consideration whether they are pre-use inputs to your activities, or post-use products or wastes. In contrast, RCRA and other hazardous waste requirements apply only after a hazardous chemical has become a waste. This focus means you must determine whether a particular mass of materials is a “waste,” and if so, whether it’s “hazardous.”

Note: RCRA was adopted as amendments to the earlier SWDA, so the legislation defines all hazardous wastes as a subset of “solid waste.” Because SWDA developed that term to distinguish wastes that should be deposited into landfills from wastes that can be discharged into waterways, “solid waste” includes solids, semi-solids, liquids, and even contained (compressed) gases. Don’t think about the “physical states of matter” you learned in science classes, think about disposal practices…

HAzARDOUS WASTE mANAGEmENT REqUIREmENTS

photo credit: Creative Commons via Photopin

EHS Hazardous Chemical Checklists / eBook Volume 3 5

• Is it Waste?

To be a “waste” under SWDA/RCRA, the material must meet one of the following qualifications:

• “Discarded,”whichEPAregulationsdefineto include those which are “abandoned” by burning, treatment, or disposal – or are being held even though they should be managed by one of those methods

• Recycled(yes,eventhoughrecyclingmeansyou’re recovering value)

• “Inherentlywastelike”(e.g.,off-specificationor contaminated materials, or materials no longer useable or to be used for the purpose for which they were acquired)

• Militarymunitions,whenspent,deteriorated,or being held for disposal.

If your organization holds a material when it first becomes a “waste,” then RCRA defines you to be the generator, and imposes the management requirements described below. Because RCRA was enacted to address mis-management of wastes, EPA’s regulations and policies include extensive attention to materials that should be managed as wastes, but instead are accumulated speculatively or held without a definite plan for appropriate management.

• Is it Hazardous?

RCRA and EPA’s definitions apply a variety of criteria to determine if a waste is “hazardous.” These include:

- Characteristic waste: does the waste exhibit any of the following characteristics to the extent that RCRA considers it actually hazardous (“D-wastes”):

•Corrosivity(D002)

•Ignitability(D001)

•Reactivity(D003)

•Toxicity(D004–D043)

- Listed waste: does the chemical or waste appear on one of EPA’s regulatory lists:

•Hazardouswastefromnonspecificsources (“F-Wastes”)

•Hazardouswastefromspecificsources (“K-Wastes”)

•Discardedcommercialchemicalproducts,off- specification species, container residues, and spill residues, divided into two

classifications, as follows:

- Toxic wastes (“U-Wastes”)

- Acute hazardous wastes (AHW), which are considered particularly dangerous (“P-Wastes” plus six “F-Wastes”).

In addition, EPA and states apply the “mixture” and “derived-from” rules.Mostmixturescontainingahazardous waste, or that are derived from treatment of a hazardous waste, continue to be regulated as hazardous wastes unless you demonstrate that the material is no longer hazardous. While this is intended to ensure that “dilution is [not] the solution to pollution,” it can complicate assessments of multi-step processes.

Generators can evaluate wastes for characteristics by employing specific tests specified by EPA, and/or can search for the sources of their wastes on EPA’s lists. EPA also allows you to apply “the generator’s knowledge” of the waste – many generators save the cost of testing wastes they believe will qualify, and simply decide to manage such wastes as hazardous.

• Does it Qualify for an Exemption?

RCRA excludes a number of waste materials that might meet one of the “hazardous” criteria described above. Exemptions include solid or dissolved material in domestic sewage and point source industrial discharges into waterways (which instead are subject to the Clean Water Act; discussed below), and spent nuclear waste materials. In addition, EPA regulations exclude a wide variety of additional specific wastes, when they are managed in specified ways (usually by re-depositing them into onsite processes, or by recycling). These include qualifying wood, petroleum, broken cathode ray tubes (CRTs) and glass removedfromCRTs,and(effectivein2014)solvent-contaminated wipes.

• Does it Qualify For Special Requirements?

EPA also applies less stringent waste management requirements to some qualifying wastes, including the following:

• Usedoil(i.e.,engine/lubricatingoil)

• Spentlead-acidbatteries(typesusedinmotor vehicles and backup generator packs)

• Recyclablematerials(includingreclaimed industrial ethyl alcohol, scrap metal, and certain oil-bearing wastes)

EHS Hazardous Chemical Checklists / eBook Volume 36

• Universal wastes – including other types of spent batteries; waste pesticides; waste mercury-containing thermostats and equipment; and waste lamps (e.g., fluorescent tubes).

In contrast, EPA also defines “acute hazardous wastes (AHW)” that are subject to lower volume thresholds and stricter standards. In addition, wastes that are both hazardous and radioactive are subject to dual regulations as “mixed” wastes.

managing Hazardous Wastes Onsite

RCRA provides extensive regulation of hazardous waste generators. This begins with the filing of a NotificationForm(EPAForm8700-12)withEPAoryour state in order to secure an “EPA Identification (ID) Number” for your facility, and includes requirements for onsite management of hazardous wastes, use of a manifestwhenhazardouswastesareshippedoffsitefor management, and recordkeeping and reporting requirements.

• categories of Hazardous Waste Generators

EPA defines three classes of generators, and provides forthefollowingdifferentlevelsofregulation:

• Fully regulated, or large quantity generators (LqGs), generate at least 1,000 kg per calendar month of hazardous waste, or more than 1 kg per month of AHW. LQGs are subject to all RCRA generator standards.

• Small quantity generators (SqGs) generate more than 100 but less than 1,000 kg per calendar month of hazardous waste (including no more than 1 kg of AHW), and accumulate no more than 6,000 kg. SQGs benefit from some streamlining of requirements.

• conditionally exempt small quantity generators (cESqGs) generate no more than 100 kg per calendar month of hazardous waste, and no more than 1 kg per month of AHW, and accumulate no more than 1,000 kg. As the term implies, these generators are exempt from RCRA requirements so long as they comply with applicable waste management requirements.

EPAalsooffersspecialprovisionsformanagementofhazardous wastes by “eligible academic laboratories.”

• Onsite management Requirements

Generators must implement specified onsite management practices, which include the following:

- Containment – accumulate waste in containers or tanks, on drip pads, and/or in containment buildings that meet specified technical standards; segregate incompatible wastes; use containers compatible with wastes and in “good condition;” keep containers closed; and inspect them at least weekly

- Labeling – of each container or tank with the words “Hazardous Waste;” waste properties; generator name and address; and the date accumulation began

- Spill prevention – such as secondary containment

- Hazardous waste contingency plan (for LQGs, and less detailed requirements for others)

- Waste minimization activities (EPA provides guidance and requires self-certifications on shipping manifests)

- Training – of each hazardous waste handler in applicable responsibilities

- Time limits on accumulation – which vary across categories of generators and include special provisions (see immediately below)

- Reporting and record keeping.

Accumulation time limits vary. LQGs cannot accumulate hazardous waste in any container onsite for more than 90 days, without a separate TSD facility permit as a “storage facility”; the 90-day period applies separately to each container and is calculated from the first day it receives any hazardous waste. In contrast, SQGs can accumulate hazardous wastes for upto180days(270daysifthewastesareeventuallyshippedmorethan200miles).RCRAplacesnotimelimit on CESQGs (although some states do).

As an exception to these time limits, generators may accumulate hazardous waste at the “point of generation” (immediately adjacent to a process line, for example), if wastes are under the control of the process operator, are stored in non-tank containers compatible with the materials, and the containers are labelled to identify their hazardous waste contents and the date accumulation began. When the container is full (or no more than 55 gallons or one quart of AHW), the generator either ships the

EHS Hazardous Chemical Checklists / eBook Volume 3 7

containeroffsitewithin3days,orbeginsnormal90/180/270-dayaccumulation(addingthenewstartdate to the label) in compliance with the general onsite management requirements.

• Onsite Recycling and Treatment by Generators

Generally, recycling and treatment of hazardous waste requires some form of RCRA permit. First, RCRA regulates recycling that involves “use constituting disposal” (e.g., applying wastes to land), burning for energy recovery, and most reclamation of hazardous materials for (re)use. Exemptions cover reclamation of industrial ethyl alcohol, most scrap metals, specified oil-containing streams from petroleum industry operations, used oil recycling, and qualifying management of “hazardous secondary materials” by or under the control of generators.

RCRA also regulates most treatment (broadly defined to include any process intended to change the physical or chemical properties of a waste). Generators can conduct certain forms of treatment without a permit, including cleaning up spills of hazardous materials or waste, and adding absorbent material to liquids when placing them in a waste container. Other treatment activities can require a treatment, storage and disposal (TSD) permit.

• Generator Requirements for Hazardous Waste Transport

To avoid the need for obtaining a TSD facility permit, generators must generally ship hazardous wastes offsitewithintheapplicableaccumulationtimelimitidentified above. When shipping hazardous wastes offsite,generatorsmayuseonlylicensedhazardouswastetransporters and may ship only to permitted recipient facilities, which include TSD facilities or recyclers.

RCRA assures uniform recordkeeping for all shipments of RCRA-regulated hazardous wastes through the use of a UniformHazardousWasteManifest(EPAForm8700-22).The generator to provide the following information on a manifest for each shipment of hazardous waste:

• Names,addresses,telephonenumbers,andEPAID numbers of the generator, transporter, and recipient facility.

•Descriptionsofeachunitofhazardouswasteinthe shipment, including DOT description (see Volume

II of these ebooks), EPA waste code number, type and quantity of all containers, and any additional description.

• Anyspecialhandlinginstructionsandadditional information.

• Signedcertificationbythegeneratorofthetruthof the information and, for LQGs, of the existence of a waste reduction program.

EPA requires at least four copies of the manifest for each shipment, all showing the generator’s signature. These are presented to the transporter, who then signs them to acknowledge receipt of the shipment. One copy is returned immediately to the generator, while the other three copies must accompany the shipment to its destination. At the destination, the transporter ensures that the receiver signs for the waste, retains one copy, and gives the other two copies to the destination facility. Shipments are also subject to documentation that waste-specific and method-specific land disposal restrictions are met. All parties are subject to exception report requirements for mis-characterized shipments. Exports and imports of hazardous waste are subject to special requirements. [EPA has adapted e-manifest requirements that will apply once its data management system is ready.]

• Record Keeping

RCRA requires that all generators, transporters, and permitted “TSD” facilities obtain an EPA ID number to allow agencies to track all activities involving the hazardous waste. Each ID number is specific to a location where hazardous waste is managed. RCRA also requires LQGs to file a biennial report of hazardous waste activities, byMarch1ofeacheven-numberedyearcoveringthepreviousyear’sactivities(forexample,2013biennialreportswereduebyMarch1,2014).Thesereportsprovidethe following information:

• GeneratorEPAIDNumberandsiteinformation.

• NameandEPAIDNumberofeachhazardouswaste transporter used.

• Description(includingwastecodesandquantities)of hazardouswasteshippedoffsite.

EHS Hazardous Chemical Checklists / eBook Volume 38

• Descriptionofeffortstoreducethevolumeandtoxicityof wastes generated, and of reductions achieved in the reporting year compared with past years.

• Certificationbythegeneratororauthorized representative.

EPA requires generators to maintain records of most activities (including testing, inspection, training and transportationviamanifest)foratleast3years.

• Release Reporting

Generators (and other hazardous waste facilities) must report spills or other releases of hazardous wastes. The report is made to the National Response Center at (800) 424-8802orviatheinternet(ifitexceedsfederalreportablequantities (RQs)) and to the state agency designated to receivesuchreports.Moststatesprovidephonenumbersfor spill reporting. If a release results in contamination, then RCRA corrective action provisions apply unless cleanup is deferred to other environmental laws.

compliance calendar

Event-specific deadlines:

• Removeeachhazardouswastecontainer withinaccumulationtimelimitof90/180/270days (unless permitted TSD storage facility, or CESQG with lessthan1,000kgtotal);or3daysafterfillingifpoint-of- generation accumulation container.

• Traineachemployeewhohandleshazardouswaste, within 6 months of assignment.

Periodic deadlines:

• Weekly–generatorself-inspectionofallhazardous waste containers.

• Annual–refreshertrainingforeachemployeewho handles hazardous waste.

• 3/1ofeven-numberedyears–LQGsfilebiennialreports, addressing previous year’s hazardous waste activities.

Ongoing deadlines:

• Labeleachhazardouswastecontainerwhen accumulation begins.

• Removeeachhazardouswastecontainerwithin applicable time limit.

AIR qUALITy PROTEcTION REqUIREmENTSThe federal Clean Air Act (CAA) creates a comprehensive national framework for defining, maintaining and enhancing air quality. CAA was first enacted in 1970 and Congress has amended it a number of times, including major amendments in 1977 and 1990. CAA assigns EPA nationwide authority to define air pollutants, ambient air quality standards, emission limitations for pollutants, and permit requirements for stationary sources of air emissions. States are responsible for air quality planning and most day-to-day regulation of emissions sources. These state responsibilities are reflected in state implementation plans (SIPs), which are subject to EPA review and approval. EPA can issue a federal implementation plan (FIP) to address CAA requirements where a SIP fails to do so.

Defining Air Pollutants

CAA is a complex statute, which defines categories of air pollutants and provides regulatory programs to restrict their emissions. CAA provides for emissions permits for “major” sources and some other sources, and allows for regulation of commercial products (notably paints and other coating materials) that produce emissions when used.

• National Ambient Air quality Standards Involving conventional “criteria” Pollutants

CAA defines a national goal of ambient air quality sufficient to protect public health, as well as aesthetic and other values. To accomplish this goal, EPA defines which pollutants create air pollution, and sets National Ambient Air quality Standards (NAAqS). EPA has established NAAQSs for the following conventional or “criteria” pollutants that contribute to smog and harm public health:

• Carbonmonoxide(CO)

• Lead

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Has the organization identified all wastes produced at each facility by the handling or processing of hazardous chemicals and materials, including chemicals and materials that become unusable for the purpose for which they were acquired?

Has the organization evaluated these wastes to determine which are “hazardous waste” subject to RCRA requirements?

- If so, has the organization computed how much of such wastes are generated each calendar month at each facility?

o Which facility(ies) are LQGs? _____________________________

o Which facility(ies) are SQGs? _____________________________

o Which facility(ies) are CESQGs? _____________________________

Has the organization notified EPA and obtained an “EPA ID number” for each facility that generates hazardous waste?

If the organization manages hazardous waste onsite, does it do so in compliance with applicable RCRA requirements?

If the organization sends any hazardous waste offsite for further management, does it do so in compliance with applicable RCRA requirements?

Has the organization determined whether any facility is subject to any state hazardous waste management requirements, which supersede and/or supplement RCRA requirements?

- If so, does each facility comply with such requirements?

Has the organization identified compliance deadlines associated with hazardous waste management, for incorporation into a compliance calendar?

- Periodic deadlines:

- Ongoing deadlines:

Yes No

SELF-ASSESSMENT CHECKLIST 8

Hazardous Waste management Requirements

EHS Hazardous Chemical Checklists / eBook Volume 310

• Nitrogen oxides (NOX)—also regulated as a precursor to ground-level ozone

• Ozoneanditsprecursors,includingvolatile organic compounds (VOCs)

• Particulates—measuredasparticulatesof10 micronsorless(PM-10),andalsoas“fines”of2.5 micronsorless(PM-2.5)

• Sulfuroxides[measuredassulfurdioxide(SO2)].

Inaddition,inApril2007,theUSSupremeCourtruledthat EPA has authority to regulate carbon dioxide (CO2) in order to reduce climate change. EPA has not established a NAAQS for CO2, but has begun to regulate emissions.

CAA sets a goal that every region of the country should attain and maintain all NAAQSs, as demonstrated by regional monitoring networks. Attainment areas must undertake basic regulatory steps to maintain air quality. Nonattainment areas must undertake additional steps to reach NAAQSs; required additional actions vary with the degree of nonattainment.

• Hazardous Air Pollutants

CAA also directs EPA to define and regulate hazardous air pollutants (HAPs), emissions of which may pose localized health hazards. EPA defines 186 HAPs, and groups similar types of sources into source categories. EPA defines National Emission Standards for Hazardous Air Pollutants (NESHAPs) forsourcecategories.Mostdefineamaximum achievable control technology (mAcT), as the basis forregulation.MACTstandardsfornewsourcesareto be no less stringent than the emissions control achieved by the best-controlled existing source, while standards for existing sources are to reflect the average emissions reduction achieved by:

• Thebest-controlled12percentofsourcesifthere are30ormoresourcesinthecategory.

• Thebest-controlled5sourcesiftherearefewer than30sourcesinthecategory.

SinceMACTstandardsaretechnology-based,CAAauthorizes EPA to apply stricter emissions standards

beyondMACT,ifEPAdeterminesthatMACTcontrolsdo not provide an ample margin of public safety. EPA cannot promulgate these residual risk standards until8yearsafteraninitialMACTstandardhastakeneffect.NotethatEPAalsopromulgatesNESHAPsforarea sources (i.e., those smaller than major sources) basednotonMACTbutonthelessstringentGenerally Available Control Technology (GACT), or on management standards.

• Ozone Depleting Substances

Title VI of the 1990 CAA amendments provides a national program designed to minimize human impact on the stratospheric ozone layer by phasing out the use of chlorofluorocarbons (CFCs) and other ozone depleting substances (ODSs). EPA subsequently accelerated phaseouts to meet developing US treaty commitments under the MontrealProtocolonSubstancesthatDepletetheOzone Layer.

CAA divides ODSs into Class I and Class II substances, and prescribes phaseout schedules for each class, and for eight groups within Class I. Class I production phaseouts are complete, although EPA allows specified “essential uses” to continue. Phaseout deadlines for Class II substances (hydrofluorocarbons) varybetween2003and2030,withdecliningannualallowances for those that remain in production, subject to cap-and-trade provisions. EPA also encourages the development and sale of less-depleting and non-depleting substitutes, through its Significant New Alternatives Policy (SNAP) program.

• Sources Responsible for Acid Rain

CAA Title IV regulates power plant emissions of SO2 and NOx,at“affectedsources”withoneormore“affectedunits.”Affectedsourcemustobtainanacidrain permit. In addition, each SO2 source receives allowances defining the tons of SO2 it is allowed to emit. If a source reduces emissions below this amount, it can sell its extra allowances to another source. New and modified sources must purchase allowances from existing sources before commencing operations.

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Emission Permits for Specified Stationary Sources

Controls over stationary sources that emit air pollutants are the core of several CAA programs. These include sources of criteria pollutants and HAPs. Mostprogramsdividesourcesintoclassesbyquantity[measured in tons per year (tpy) of a pollutant or category of pollutants] and type of emissions, andimposerequirementsforeachclass.“Major”stationary sources are subject to the most extensive requirements.Majorsourcesgenerallyaredefinedasthose that emit or have a potential to emit:

• 100tpyormoreofanyregulatedpollutant (usually applied to criteria pollutants).

• 10tpyormoreofanyHAPor25tpyormoreof any combination of HAPs, including emissions from area sources, and/or.

• Specified amounts of greenhouse gases (GHGs), subjecttodecliningthresholdsduring2011-2016.

Regulated stationary sources must use best available control technology (BACT), and can be subject to additional stricter controls under multiple programs.

• Preconstruction Review and Permits

When a new or significantly modified source is proposed, that source (always for a “major” source and sometimes for a minor source) is subject to one or more preconstruction review programs. Each program requires evaluation of the proposed source’s activities, in order to identify available technologies and methods that should be incorporated into these activities in order to reduce emissions to prescribed levels. These programs are known as:

• Newsourceperformancestandard(NSPS)review.

• PreventionofSeriousDeterioration(PSD)review, in nonattainment areas and in specified areas with especially clean air.

• Nonattainmentnewsourcereview(NSR),which requires new or modified stationary sources to employ Lowest Achievable Emission Rate (LAER) technology and may require emissions reduction creditsor“offsets.”

• Operating Permits

After construction, major sources (and some minor and area sources) require additional permits to operate. CAA Title V provides permit standards for the following types of sources:

• Majorstationarysourcesof“anypollutant”(criteria pollutants, HAPs, and GHGs)

• Sourcessubjecttoacidrainprovisions

• SourcessubjecttotheNSPS,PSD,or nonattainment area NSR programs.

Permit conditions reflect the source’s operations—whether it is an existing or new source, regional ambient air quality (non)attainment status, and specific regulatory and procedural requirements imposed by applicable CAA programs. While details vary greatly, permits generally describe the following:

• Thesourceitself,includingdescriptionsof techniques and technologies employed (this may identify separate emissions units within complex facilities).

• Emissionslimitationsandstandards—thesemay include a schedule of compliance and operational requirements and other restrictions that assure compliance with all permit conditions. Standards include the following:

– For criteria pollutants: reasonably available control technology (RACT), BACT and best available retrofit control technology (BARCT), and LAER

– ForHAPs:MACTandGACT

• NSPSs. Permit conditions can require new sources in one of the more than 70 industry categories for which EPA has promulgated NSPSs to meet these standards.

• Limited permit duration. Permits are issued fornomorethan5years(12yearsforacidrainprogram permits).

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• Monitoringandrelatedrecord-keeping requirements. Permits typically specify monitoring frequency (periodic or continuous emissions monitoring) and methods. Specified sources using emission control devices must monitor their actual emissions, while other sources may be subject to operational monitoring to validate thattheircontroldevicesoperateeffectively.

• Reportreleasesthatexceedpermitlimits(e.g., equipment failure).

• Inspectionprovisions.

Mostpermitsarecraftedspecificallyforthesource,although EPA and state air quality agencies also develop general permits with standardized conditions for similar sources within source categories. Compliance with a valid permit can convey a permit shield for the source against claims that it is violating a relevant CAA provision.

Other requirements and limitations

Sources must also comply with other applicable EPA/state rules and requirements. Title V permits may incorporate such requirements as additional permit conditions, but even non-permitted minor and area sources are responsible for compliance. Examples include the following:

• Compliance With Air Quality Rules

A variety of rules cover use of materials that may produce air emissions, including:

• Paintsandcoatings,subjecttolimitsonvolatile organic compounds (VOCs).

• Coolantsforairconditionersandotherequipment, to restrict ozone depleting substances.

• Mobile Source Controls

CAA also provides authority under which EPA regulates mobile sources to limit emissions. These include equipment-based standards for categories of on-road andoff-roadsources,aswellascorporateaveragefueleconomy (CAFÉ) standards applicable to automobile makers’ total range of products. Separate regulations cover fuels.

• Accidental Release Prevention

EPA’s Accidental Release Prevention (ARP) program requires onsite planning, engineering and training requirements to prevent accidental releases of air contaminantsthatmightproducedisastrousoffsiteconsequences.EPAlists77toxicsubstancesand63flammable substances. The ARP program applies to each stationary source where any regulated substance is present above threshold quantities. A single facility may have multiple stationary sources, each defined by a process or set of equipment using a regulated substance from which an accidental release may occur.

EPA’s regulations further subdivide regulated stationary sources into the following three risk-based groups (called “programs” in the regulations):

• Program1—sourcemeetsallthefollowing conditions:

– No release of a regulated substance within the past five years led to death, serious injury, or response or restoration for any environmental receptor.

– Offsiteconsequenceanalysis(OCA)calculates that a worst-case release would not expose public receptors to exposure endpoints (set by EPA as the highest acceptable exposures of public or environmental receptors to toxic substances, heat, or overpressure).

– Source has coordinated emergency response procedures with local emergency response and planning organizations.

• Program2—sourceisnotinProgram1or3.

• Program3—sourcedoesnotqualifyforProgram1 and the process is either:

- Subject to the Occupational Safety and Health Administration’s (OSHA’s) Chemical ProcessSafetyManagement(PSM)Standard (discussed in Volume I of these eBooks); or

EHS Hazardous Chemical Checklists / eBook Volume 3 13

- In North American Industry Classifications System(NAICS)code32211(pulpmills); 32411(petroleumrefineries);32511petrochemicalmanufacturing);325181(alkaliesandchlorine);325188(allotherinorganic chemicalmanufacturing);325192(othercycliccrudeandintermediatemanufacturing);325199(all other basic organic chemical manufacturing); 325211(plasticsandresins);325311(nitrogenfertilizer);and32532(pesticideandotheragricultural chemicals).

All regulated stationary sources are subject to a General Duty Clause requiring them to identify hazards from potential releases of regulated substances, design and maintain safe facilities, and minimize the consequences of releases that do occur. Sources are also subject to additional more specific requirements:

• Registration,withsourceinformation(ownership, location, etc.).

• AnOCA,modelingexposuretooffsitepublic or environmental receptors of a “worst-case release scenario” (complete release of largest container).Program2and3facilitiesmustalso analyze “alternative release scenarios” that could exceed an exposure endpoint.

• Afive-yearaccidenthistory,includingdescriptionof post-accident changes to operations and processes.

• Apreventionprogram(forsourcesinPrograms 2and3),basedonadetailedhazardreview that includes written operating procedures, maintenance and internal compliance procedures, post-incident investigation procedures, and training for all relevant employees.

• An emergency response program including procedures for notification and response, and training for relevant employees.

• Certification of the truth and accuracy of submitted information (and for Program 1 sources, of claimed exemption from prevention program requirements).

Summaries are compiled in a risk management plan (RMP).EachstationarysourceownerandoperatormustupdateeachRMPatleasteveryfiveyears;withinthree years after listing of a new substance for which the source’s handling exceeds the ARP threshold; and withinsixmonthsafterachangeaffectinganyhazard

assessment or OCA.

• Reporting Greenhouse Gas Emissions

EPAissuedrulesrequiring31emittingsectors(fossilfuel electricity generation, petroleum refining, etc.) plus “general stationary fuel combustion sources” in other sectors, to provide annual GHG emission reports, beginningin2011basedonreportingyear2010.EPAlateraddedrequirementscovering12additionalsectors,beginninginreportingyear2011.EPAprovidesdetailed reporting requirements, including data collection and management requirements.

compliance calendar

Event-specific deadlines:

• Reportreleasesthatexceedpermitlimits(e.g., equipment failure)

Periodic deadlines:

• 3/31–annualGHGemissionsreport

• Periodicreportingrequirementsunderpermits (if any)

• Annual(typically)paypermitfees

• Every5years–reviseRMP

• Every5years(typically)renewemission permits.

Ongoing deadlines:

• Developandmaintainrecordsnecessaryto demonstrate compliance.

Photo credit: Luxomedia via Photopin

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Has the organization evaluated its activities to determine if any involve stationary sources of air pollutant emissions?

• Do any sources qualify as “major sources”?

- If so, does each have a permit?

• Do any non-major sources require a permit?

- If so, does each have a permit?

Has the organization identified any activities that are subject to CAA/state/local rules (e.g., GHG emissions reports, limitations on VOC emissions)?

- If so, do the activities comply with applicable requirements and prohibitions?

Has the organization identified compliance deadlines associated with air quality, for incorporation into a compliance calendar?

- Periodic deadlines?

- Ongoing deadlines?

Yes No

Air quality Protection RequirementsSELF-ASSESSMENT CHECKLIST 9

Published by Specialty Technical Publishers, these guides identify the dozens of environmental, health and safety (EH&S) provisions intended to ensure that chemicals are handled safely..

Written in plain language

Provides a comprehensive, authoritative analysis of pertinent regulations

Includes Checklists to simplify compliance.

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EHS Hazardous Chemicals Checklists Volumes I and II

Jon Elliott’s Environmental and Health and Safety Checklist guides are always well-received as they offer clear, practical guidance on how to comply with and understand the regulations.”** Steve Britten, Acting President of Specialty Technical Publishers.

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The Clean Water Act (CWA) is the principal federal surface water quality protection law. CWA employs a variety of regulatory and non-regulatory tools to control direct pollutant discharges into waterways, andtomanagepollutedrunoff.CWAimplementationfocuses on regulating discharges from traditional “point source” facilities, such as municipal sewage plants and industrial facilities. However, it also addressespollutedrunofffromstormwaterandsome“non-point sources” of water pollution. CWA’s central regulatory requirement, is the National Pollutant Discharge Elimination System (NPDES) permit, which regulates routine point source discharges. The US Environmental Protection Agency (EPA) has nationwide authority to implement CWA, including oversight of state activities. States must conduct monitoring and planning activities, and can apply for delegation of permit authority.

Defining Water quality and Pollutants

EPA and states set water quality standards, and monitor actual water quality to compare it with these standards. The agencies also define water pollutants, and ambient concentrations that interfere with beneficial uses. Water pollutants are grouped into the following four categories:

• Conventionalpollutants—biochemical oxygen demand (BOD), total suspended solids (TSS), pH, fecal coliform, and oil and grease

• Nonconventionalpollutants(including ammonia, chlorine, color, iron, and total phenols)

• Thermaldischarges

• Toxicpollutants(including65classesand compoundsoftoxicpollutants,ofwhich126 are “priority pollutants”).

The NPDES program requires the owner/operator of a facility to obtain a permit before discharging any pollutant into the navigable waters of the US from any point source. CWA defines “point source” very generally to cover discharge points where controls might be applied, as “any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural storm water discharges and return flows from irrigated agriculture. ”Non-point source” is not defined in statute but EPA and courts consider it by contrast to “point source,” as runofffromstormsand/oractivitiesthatdonotpassthrough a readily-controlled “point.” CWA program requirements are based on distinctions between these two broad categories.

Limiting Routine Discharges

EPA and the state water quality agencies regulate the discharge of pollutants into surface waters. These activities involve general as well as location-specific elements.

First, EPA establishes technology-based effluent limitations (TBELs) for broad categories of industrial dischargers. These are commonly referred to as “effluent limitations” that may then be codified in regulations that impose “effluent limitation guidelines”, or as “categorical standards”). These limitations impose the “minimum level of control that must be imposed in a permit” and are based on the pollution control technologies in the regulated industry, corresponding to the pollutant(s) that will be discharged. The regulations describe these technologies in jargon—“Best Available Technology (BAT),” “Best Conventional Pollutant Control Technology (BCT),” “Best Practicable Control Technology Currently Available (BPT),” and “Best Professional Judgment (BPJ).” CWA requires EPA to review individual effluent limitations every five years.

Second, a permitting agency (EPA or state) can also require a discharger to comply with stricter limitations in order to prevent water quality of the receiving water from falling below the established water quality level,ortoassistineffortstorestorewaterqualityinamore polluted waterway. Dischargers in these areas may be subject to standards stricter than the general TBELs.

WATER qUALITy PROTEcTION REqUIREmENTS

• NPDES Permits for Direct Discharges

No person (including industrial facilities, municipalities, and publicly owned treatment works (POTWs)) may discharge effluent to surface waters without a NPDES permit. Discharges to groundwater do not require an NPDES permit, but may require a state permit. Applicants must file a NPDES permit application with EPA or the state water quality agency at least 180 days before beginning to discharge. NPDES applications are subject to a public notification and hearing process. NPDES permits detail the following information:

• Specific pollutants contained in a facility’s effluent stream

• Amount or concentration of pollutants that can be discharged into a receiving water (i.e., effluent limitations)

• Effluent flow rates

• Testing and monitoring requirements

• Methods for compliance with applicable water quality standards.

NPDES permits are issued for 5 years.

• Sewer Agency Requirements for Indirect Discharges

Direct discharges from sewer agency POTWs are subject to NPDES permit requirements. Permits may specify treatment techniques (“best practicable waste treatment technology”), process and procedure innovations, operating methods, and other alternatives. In addition, EPA regulations require many POTWs to establish pretreatment programs restricting discharges by the “indirect dischargers” – businesses and residences that discharge into the sewer system. POTWs that discharge more than 5 million gallons per day must impose pretreatment standards; others may do so to protect the POTW and/or receiving waters or to ease handling of post-treatment sewage sludge. These programs serve the following four objectives:

• Prevent introduction into POTWs of pollutants that would interfere with equipment or operations, or endanger personnel.

• Prevent introduction of pollutants that would “pass through” (.e., would not be treated adequately before discharge) or be incompatible with the POTW.

• Prevent introduction of pollutants that would

prevent the POTW from complying with its NPDES permit.

• Improve opportunities to recycle and reclaim municipal and industrial wastes and post-treatment sludges.

National pretreatment standards developed by EPA take two forms: general prohibitions on discharges into POTWs by indirect dischargers (i.e., those that would pass through or harm the system), and categorical standards comparable to those imposed on direct dischargers.

The end result of this process is that facilities that discharge to sewers instead of to waterways meet comparable restrictions on their discharges, but these are reflected in sewer agency permits or ordinance requirements rather than in NPDES permits issued by EPA or state water quality agencies.

Limiting Storm Water Runoff

CWA requires EPA to create a comprehensive program to regulate “storm water discharges” (runoff and drainage from rainfall and snowmelt) that carry pollutants such as oil, industrial contaminants, and sediment into storm water drains that discharge into the nation’s surface waters. EPA’s regulations presently cover discharges that meet any of the following criteria:

• Already permitted before EPA issued its storm water regulations effective February 7, 1987

• Associated with industrial activity

• Associated with construction activity of one acre or more

• From a municipal separate storm sewer system (MS4)

• Violating state water quality standards.

EPA issues general permits that establish conditions that qualifying facilities may meet after providing EPA or their state or local storm water agency a notice of intent (NOI) to do so. However, where a storm water discharge would adversely impact water quality, the agency instead may require an individual permit for storm water management.

• Industrial Activities

Industrial activities include the following:

• Facilities subject to NSPSs or toxic pollutant water quality standards

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• Manufacturing, transportation, mining, and oil and gas facilities [identified by Standard Industrial Classification (SIC) code]

• Hazardous waste TSD facilities (see above)

• Landfills, land application sites, and open dumps that receive or have received industrial wastes

• Recycling and steam electric generating facilities

• Sewage treatment plants with design flow of one million gallons per day or more, and/or an industrial pretreatment program.

EPA issues a multi-Sector General Permit (mSGP) that provides requirements to most discharges from most industrial activities around the country; although certain states and certain types of discharges are excluded. EPA’s “2008 MSGP” is the latest version. To be covered under a general permit, applicants must submit an NOI with the following information:

• Name and address of the facility owner and operator

• Facility name and address

• A description of the type of facility or construction activity and associated discharges

• Identification of the receiving water(s) of all storm water discharges

• Information about Storm Water Pollution Prevention Plan (SWPPP).

Alternatively, individual permits require comprehensive information, including the following:

• Site map

• Estimate of impervious areas

• Identification of significant materials treated or stored onsite together with associated materials management and disposal practices

• Location and description of existing structural and non-structural controls to reduce pollutants in storm water runoff

• Certification that all storm water outfalls have been evaluated for any unpermitted non-storm water discharges

• Information regarding significant leaks or spills of toxic or hazardous pollutants within the three-year

period prior to the permit application

• Sampling reports of the facility’s storm water taken during “storm events”

• Construction Activities.

EPA also issues a construction General Permit (cGP) that provides storm water management requirements for construction sites. EPA’s “2012 CGP” is the latest version. Qualifying construction facilities can file an NOI and seek coverage under the CGP, or file an individual permit. Requirements are similar to those for industrial facilities, but also cover clearing, grading, and excavation activities. (Construction projects may also require Dredge and Fill Permits issued by the U.S. Army Corps of Engineers).

• Regulation of Discharges from MS4s

EPA also requires MS4s to obtain storm water permits. Minimum control measures include public education and participation, elimination of illicit discharges, construction site storm water runoff control, post-construction site storm water management, and pollution prevention for municipal operations. Some MS4s provide additional compliance requirements for facilities within their jurisdiction.

Photo credit: rich115 via photopin cc

Spill Prevention

CWA provides for several spill prevention and response programs. The most broadly applicable is the requirement that onshore and offshore oil storage facilities prepare Spill Prevention Control and Countermeasure (SPCC) Plans if:

• For aboveground storage:

– Total aboveground storage is over 1,320 gallons.

– Facility has a potential to discharge a harmful quantity of petroleum products into “ navigable waters” of the US.

• For underground storage: total capacity exceeds 42,000 gallons (excluding capacity of tanks and piping regulated by the UST program described in Volume II of these eBooks).

SPCC plans document at least the following measures to prevent unauthorized releases of petroleum products:

• Facility description

• If there is a “reasonable potential for equipment failure,” a prediction of the direction, flow rate and quantity of oil discharged by each type of failure

• Contact list and phone numbers for the facility response coordinator, National Response Center, cleanup contractors, and all appropriate agencies

• Appropriate containment and/or diversionary structures or equipment to prevent discharges

• Contingency plans covering discharge discovery, response, and cleanup

• Written procedures for inspection and testing, and provisions for signatures by appropriate inspectors or supervisors, and record keeping for at least 3 years

• Designation of a person at each facility who is accountable for discharge prevention and who reports to facility management

• Training for oil-handling personnel in spill prevention and response

• Security measures

• Additional measures addressing any loading/ unloading racks; field-constructed aboveground containers; and oil-filled operational equipment

• Discussion of any additional discharge prevention and containment procedures, and facility compliance with any other applicable requirements.

SPCC plans must be reviewed and updated at least every 5 years, or whenever there is a significant change or release. EPA issued multiple revisions to its SPCC Plan regulations in 2002-2010, and required compliance by most facilities with these revised requirements beginning November 10, 2011.

compliance calendar

Event-specific deadlines:

•

Periodic deadlines:

• Periodic reports of discharges under NPDES permits (e.g., quarterly)

• 5 years – renew NPDES permit

• 5 years – review and update SPCC

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Wastewater Discharge

Does the organization discharge wastewater from any facility directly into receiving waters (river, lake, etc.)?

- If so, has each discharge been tested to determine if it contains any pollutant subject to CWA/state restrictions and/or permit requirements?

- If so, does the facility maintain a NPDES/state permit for each discharge that requires one, and maintain compliance with each permit?

Does the organization discharge wastewater from any facility into sanitary or industrial sewers?

- If so, has each discharge been tested to determine if it contains any pollutant subject to restrictions and/or permit requirements from the sewer authority?

- If so, does the facility maintain compliance with such restrictions and requirements?

Does the organization discharge storm water runoff from any facility, into receiving waters and/or storm sewers?

- If so, has the organization determined if any activities are in an industrial sector subject to CWA/state storm water management requirements, or from a construction activity involving more than one acre?

- If so, has each such facility tested storm water discharges to determine if any contain any pollutant subject to CWA/state restrictions and/or permit requirements?

- If so, has each such facility comply with general or individual permit requirements governing storm water management?

Has the organization determined if any facility is subject to SPCC plan requirements?

- If so, does each such facility comply with applicable requirements?

Has the organization identified compliance deadlines associated with water quality, for incorporation into a compliance calendar?

- Periodic deadlines:

- Ongoing deadlines

SELF-ASSESSMENT CHECKLIST 10

Yes No

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EHS Hazardous Chemical Checklists / eBook Volume 320

AbouT THE AuTHor

jon F. Elliott BSE, MPP, JD

Jon Elliott has made a major contribution to the Specialty TechnicalPublishers(STP)productrangeforover25years.His impressive list of publications includes:

CAL/OSHA: Compliance and Auditing

Complete Guide to Environmental Law

CompleteGuidetoHazardousMaterialsEnforcementandLiability: California

Environmental Compliance: A Simplified National Guide

Environmental Compliance in California: The Simplified Guide

Federal Toxics Program Commentary

HazardousMaterialsProgramCommentary:California

OSHA Compliance: A Simplified National Guide

U.S.FederalMandatoryGreenhouseGasEmissionsReportingAudit Protocol

Greenhouse Gas Auditing of Supply Chains

He has also produced the following publications relating to corporate governance and activities:

SecuritiesLaw:AGuidetothe1933and1934Acts

Directors’ and Officers’ Liability

Workplace Violence Prevention: A Practical Guide

He continues to write quarterly updates for these, and many other, important publications.

Mr.Elliotthasadiverseeducationalbackground.Inadditionto his Juris Doctor (University of California, Berkeley Boalt HallSchoolofLaw–1981),heholdsaMasterofPublicPolicy(Goldman School of Public Policy, UC Berkeley–1980) and a BachelorofScienceinMechanicalEngineering(PrincetonUniversity–1977).

Mr. Elliott’s professional experience includes:

Practicing attorney in California.

Compliance consultant and legal advisor (since 1985), specializing in projects that address multiple legal frameworks simultaneously.

Instructor in University of California Extension Professional Certificate Programs.

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copyright © 2014 Specialty Technical Publishers. All Rights Reserved.This publication does not constitute legal, accounting or other professional advice. STP Specialty Technical Publishers and its authors make no warranties, whether express or implied, regarding the accuracy of any information or materials contained herein or the results of any course of action described herein, and STP and its authors expressly and specifically disclaim the implied warranties of merchantability and fitness for a particular purpose.