PLAIN ENGLISH GUIDE TO EHS LAWS
DISCLAIMER: Any of the information herein is meant to
inform and educate on a cursory basis and, therefore, should not be
taken as a literal representation of any compliance law or
interpretation of how such laws would affect a facility's compliance.
All parties should refer to the U.S. Code of Federal Regulations or
official regulations of the pertinent state of record for official
guidance on their compliance issues.
LAWS ADMINISTERED BY THE ENVIRONMENTAL PROTECTION AGENCY
Environmental Compliance Reporting to Local, County, State,
& Federal Agencies relative to the client's chemical inventory on
hand;
Emergency Planning under Sec. 301-312 under SARA Title III in
which the thresholds for some 375 Extremely Hazardous Substances (EHSs)
vary among Threshold Planning Quantities (TPQs) of 1-500 lbs. The
"aggregate total" ruling applies wherein you must account for the same chemical, even though it might
pervade several products throughout the plant. With TPQs that can go as
low as 1 lb., it is conceivable that the client could exceed several
thresholds under Sec. 302 without being aware of it, all due to the
application of the aggregate total ruling.
Emergency Release Notification under Section 304 under SARA
Title III in which the thresholds for some 775 CERCLA Chemicals for
accidental releases and spills vary among the Reportable Quantities (RQs)
of 1 lb to 15,000 lbs;
Community Right-To-Know, SARA Section 311-312 - Literally
thousands of chemicals that, as long as they do not fall under another
specific hazard list, qualify here as the "community's right to
know" those chemical hazards in a plant to which they may be
exposed. While Federal thresholds are set in this section for those
chemicals in excess of 10,000 lbs., state, county, and municipal
jurisdictions have the authority to lower this threshold. Many counties
and cities lower this threshold to 500 lbs, 55 gallons & 200 cu. ft.,
while even some lower it to 1 lb and 1 gallon to what many agencies
refer to as the "0 threshold" amount.
Toxic Release Inventory, SARA Section 313 - also called Form R
Reporting. This includes those 600+ toxic chemicals manufactured, processed, or
otherwise used in excess of an annual threshold of either 10,000 lbs. or
25, 000 lbs. depending upon its use. The aggregate total ruling also
applies in this case. It is proposed that the perspective of thresholds
will change for the reporting year 2000. Rather than thresholds being determined relative to annual usage
of chemicals, thresholds will be determined by the actual amount of
chemical emitted or release to the environment over the period of an entire year.
This will impose a greater engineering burden on industry by imposing a
requirement to perform calculations on virtually all 313 toxic chemicals.
Storm Water Runoff Permitting must be done for those companies
in selected SIC Codes and/or that have materials stored outside. Additionally, there
are 273 Water Priority Chemicals (toxics as cross-referenced from SARA,
Section 313) to be screened. The Pollution Prevention Plan must be
updated on an annual basis.
Spill Prevention Control & Countermeasure Plan (SPCC). The
SPCC Plan is triggered when a liquid product is: stored = to or > 660
gals. in one Above- ground Storage Tank (AST); Two or more products = to
or > 1,320 gals in 2 or more AST's; and a product = to or > 42,000 gals in an Underground Storage
Tank (UST).
Process/Waste Water Discharge in which 63 pollutants are
regulated under the Federal Water Pollution Control Act.
Toxic Substances Control Act in which a variety of issues may
be applicable; Pre- Manufacture Notification (PMN), Export Notification,
and Form U Reporting under the Inventory Update Rule (IUR) in which
toxic chemicals are regulated for reporting when annual thresholds of 10,000 lbs are exceeded. The
facility must be doing at least $4M in gross sales in the preceding complete fiscal year
to the reporting year, which has occurred since 1986, then 1990, 1994, and most recently,
1998. The next IUR Reporting cycle will be the 2002 compliance year.
RCRA HazWaste Management & Permitting. Practically all
hazwaste generators are required to acquire a permit under RCRA. With
640 hazardous waste codes, the generator is usually classified as LQG,
SQG, CESQG, or other language depending on the state of record (i.e.
Kansas).
RCRA HazWaste Reporting. For generators of hazardous waste,
this activity is regulated at regular intervals for quarterly, annual,
and biennial reporting, depending on the state of record and its
regulations relative to EPA oversight.
RCRA HazWaste Training. When a facility generates hazardous
waste, it is required to formalize training in 8 hour components for
those employees involved in the generation, accumulation, storage,
disposal, manifesting, and potential spills/cleanup of those wastes.
Air Permitting under the Clean Air Act Amendments of 1990.
Myths are rampant among industry representatives due to the broad nature
of the new air permitting laws. The regulations vary widely from state
to state, with four title programs coming from the Federal level - Title I (VOCs), Title III (187 air toxics, also called
HAPs), Title IV (Acid Rain Deposition), and Title VI (Class I & II
Ozone Depleting Chemicals). State Implementation Program (SIP) create
issues where it's unwise to rely on colleagues outside his own state as
to the array of changes and rules affecting air permitting. This is
certainly an area for experts. Title V is the most common name for air
permitting as this represents the document application; however,
Synthetic Minors, Minor Sources, Emissions Inventory Questionnaires are
just a few more areas of distinction when dealing with air permits.
EPA's new Risk Management Program (112r) is an offshoot of the
Clean Air Act Amendments in which 160 toxic or flammable chemicals must
be screened for applicability. The first deadline is June 21,1999. RMP
is usually found in combination with similar regulations for OSHA's
Process Safety Management (PSM). In California., 112r is called CalARP,
or California Accidental Release Program.
Maximum Achievable Control Technology (MACT). This regulation
is also an offshoot of the Clean Air Act Amendments, dealing with those
HAPs that triggered Title V, Major Source Air Permitting. MACT is also
called 112g.
Oil Pollution Act of 1990. There are 262 chemicals regulated
under this act. They are primarily focused on pollution prevention, spills, cleanup, and
assigning responsibility through litigation executed upon Potentially
Responsible Parties (PRPs).
Persistent Bio-Accumulative Toxins Review (PBAT) is a
developmental law, having been piloted in the State of Georgia in 1998, which will require a
revolutionary change in applicability determination and Form R Reporting under SARA, Section
313 - Toxic Release Inventory (TRI) for the Compliance Year 2000.
LAWS REGULATED BY THE OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
(OSHA) - HOUSED UNDER THE DEPARTMENT OF LABOR
Hazard Determination Mandate. In order that all employee
training under OSHA be site-specific, it is the legally-mandated
responsibility of the employer to determine all chemical hazards to
which employees are exposed in the workplace.
HazCom Workplace Chemical List. The employer is required to
establish an accurate workplace chemical list communicating the hazards
with regard to quantity, container type, and location within the
facility.
Carcinogens, Mutagens, Teratogens (CMTs). These are three
categories of chemicals more adverse to human health than, perhaps, any
others due to the far-reaching, disease-causing illnesses associated
with them. It is important to gain an awareness of these chemicals in
the workplace: quantities, physical states, container-types, and
locations within the facility. Of course, carcinogens cause cancer,
mutagens do genetic and cell damage, and finally, teratogens do damage
to the fetus of an unborn child causing birth defects. Once these
chemicals have been identified, located, and assessed as to the potential for exposure,
a preventive program must be effected through employee awareness, training, proper use
of CMT-oriented products, and of course, the proper use of personal
protective equipment. There are currently 392 carcinogens regulated and
tracked by OSHA.
Physical & Health Hazards. Assigning the hazards
associated with chemicals in the workplace is the first step to
environmental protection and industrial hygiene. The 704 placarding
ratings issued by the Nat'l Fire Protection Association (NFPA) are
essential to operating a company in which chemicals are present. To
understand the implications of chemicals relative to Health,
Flammability, Reactivity, and Special Considerations is basic to fire
prevention. Likewise, the two nonsense words, FPRACH and GLOES
establish a foundation for knowing the hazards associated with any
chemical. These words stand for: Fire, Pressure, Reactive, chemical
hazards, Acute and Chronic health problems - that if a
chemical attacks the human body, it will generally attack genes, lungs,
organs, eyes and skin.
HazCom Training (Employee Right-To-Know Training). OSHA
requires that it is the employer's responsibility to train ALL employees
site-specifically to those chemical hazards present in the workplace.
This training is a direct outgrowth to the Hazard Determination Mandate
mentioned above. There are many components to this training, not the
least of which are the site-specific written plan, MSDS management,
hazard label management, new-hire orientation, record keeping, and the
dissemination of information on new chemicals being introduced to the
workplace. This training is required on an annual basis.
Lockout / Tagout. This standard prevents injuries and
accidental death in the workplace through the control of hazardous energy specific to machinery and
equipment. Periodic review is required which is best done annually due
to turnover associated with employees in the workplace.
Hazwoper Training. Hazardous Waste Operations & Emergency
Response is intensive training specific for an internal emergency response team
relative to duties and situational emergencies associated with hazardous
waste, spills, cleanup, decontamination, and disasters of all kinds. An
8 hour refresher is required annually once the either 24 or 40 hour
program has been fulfilled.
Contingency Plan. This is an important emergency document. It
must be kept current at all times. It is a staple, supportive document to HazCom
Training, Hazwoper Training, emergency evacuation, and spill cleanup.
Annual review is critical.
Process Safety Management (PSM) is a 5 year master program to
compliance regarding any of the 130 highly hazardous chemicals in excess of a
specific threshold as assigned when it is connected to a process at any
point in time. Additionally, any chemical connected to a process at any
point in time in excess of 10,000 lbs is also covered under this
regulation. While the ultimate deadline was May 26, 1997, PSM is generally combined with EPA's Risk Management
Program as both regulations are intertwined.
Forklift Training. Proper training and licensing of drivers on
powered industrial trucks is required annually to avoid injuries and
accidental death to workers. Due to its portability and potential for
lifting heavy loads, many refer to forklifts as the single most
dangerous piece of equipment in a workforce.
MSDS Management. MSDSs are required for all
chemically-oriented products, liquids, solids, and gases. They must be
reflective of those products used, stored, manufactured, processed,
produced, distributed, or imported in the workplace. Inactive MSDSs must
be maintained for 30 years. Employers are required to make them
accessible at all times to employees, and suppliers are required to make
them available to end users upon the very first delivery of each
product.
MSDS Origination. Those originators, inventors, or creators of
chemically-oriented products must develop an MSDS for each product they
provide for commerce. They must also accompany an MSDS reflective of the
product upon the very first shipment to any end-user.
OSHA 300 Log. This is an accident log requiring the employer
to maintain as it regards recordable injuries and illnesses and
lost-time accidents. It must be posted annually every February 1 through
April 30, accessible and visible to all employees. This was
formerly known as the OSHA 200 Log.
There are three parts to the new recordkeeping forms. They are
as follows:
300 Log - All accident information is logged within this form
300-A - Annual Summary
301 - Incident Report Form
Industrial Hygiene is a categorical grouping of several
specific issues related employee health and safety. It consists of Indoor Air Quality (540 air
contaminants), Respirator Training (for paint lines, confined spaces,
Hazwoper Training & other disastrous situations), Confined Space
Permit & Rescue (for oxygen-deficient atmospheres), Hearing
Conservation (for workplaces experiencing noise levels in excess of 85
db over an 8 hour Time Weighted Average), Ergonomics (soon to be enacted
by OSHA as a standard in the workplace), and 22 different, but specific
hazardous chemicals that are dangerous enough to warrant being assigned
their own OSHA Standard).
LAWS REGULATED BY THE U.S. DEPARTMENT OF TRANSPORTATION (DOT)
Hazardous Materials Analysis. It is essential that all
hazardous materials associated with shipping and receiving departments
within the workplace be identified relative to thresholds, labeling, and
placarding from the 9 U.S. Coast Guard Classifications as specified by the DOT.
HazMat Transportation Act (HMTA - 181). DOT has strict
guidelines in requiring that all chemically oriented products be
properly labeled and placarded prior to and during shipment.
HazMat Employee Training (HM - 126f). All employees associated
with shipping, receiving, packaging, loading/unloading, and driving are
to be trained on the site-specific hazardous materials to which they are
exposed in the workplace, specifically transportation depts.
HazMat Registration. All shippers of chemically oriented
products, including those companies causing such products to be shipped
are required to register these products on an annual basis.
STATE-SPECIFIC & INTERNATIONAL LAWS
Texas requires that all Form R Reporters and/or Hazardous
Waste Generators participate in its Source Reduction & Waste Minimization Program.
Submittals are required annually to correspond with the July 1 Form R
Reporting Deadline.
Texas requires that each hazardous waste generator engage in
Waste Stream Notification of registering each waste stream on a Notice of
Registration (NOR).
California regulates its renowned Proposition 65 under the
Safe Drinking Water Act. Any shippers of the 542 Proposition 65
chemicals throughout the U.S. are regulated under this law if they are
doing business in and out of California.
California's Hazardous Materials Business Plan is a
conglomerate of activities, reports, and regulated documentation to be submitted to the Certified Unified
Program Agency (CUPA) having jurisdiction over the facility. The Plan
includes SARA Reporting, Contingency Plans, Hazardous Material
information and other regulatory compliance information. There are 343
regulated substances under this particular regulation:
- Assessment of Carcinogens, Mutagens, Teratogens;
- California OSHA Carcinogen User Registration of Chemicals;
- EPA List of Priority Pollutants;
- AB 1803 - Well Monitoring Chemicals;
- State Filing of Toxic Release Inventory, Sec. 313 (Form R), SARA
Title III
- SARA Section 302 EHS where State Threshold differs from Federal;
- Maximum Contaminant Levels (MCL) List of Contaminants;
- AB 2588 - Air Toxics "Toxic Hot Spots" Chemicals;
- Drinking Water Action Levels - Dept. of Health Services;
- AB 1807 - Toxic Air Contaminants - Calif. Air Resources Board;
- Nat'l Emission Standard for Hazardous Air Pollutants (NESHAP),
specific chemicals;
- Assessment of all Substances Regulated in California under Prop.
65 - the Safe Drinking Water Act; DOT Inhalation Hazard Chemicals;
- Permissible Exposure Limits for Chemical Contaminants (CalOSHA);
- Hazardous Substances List (a.k.a. "The Director's List" -
CalOSHA);
- SB-14...Source Reduction / Waste Minimization for Large Quantity
Generators.
Air Quality Management Districts (AQMD's) are set up in the
State of California to study, track, report, permit, and reduce air
emissions specific to each industry in the
State.
California Assembly Bill (AB 2588) requires notification and
related information to the release and storage of toxic chemicals in
California.
Illinois & Selected States regulate a program called the
Emissions Reduction Marketing System (ERMS), reportable each year by
March 1.
Coastal States are required by the Federal Government under the
Clean Water Act the Land Bureau from the State of Record to prepare and
submit a Spill Prevention & Response Document. This is called the
Oil Spill Prevention and Response Act.
Canada has a law for industry very similar to that of
America's Form R, TRI. It is the National Pollutant Release Inventory (NPRI)
in which 176 toxics are regulated. There are no SIC or employee
limitations and the threshold is 20,000 lbs in annual usage of the
chemical used, stored, processed, or otherwise used.
Canada's WHMIS is that country's answer to OSHA in the U.S.
This entails Workplace Hazardous Materials Information System.
International. The very new Chemical Weapons Convention
regulates 54 chemicals and their precursors under threshold reporting
guidelines relative to Chemical Weapons.
EPA's SUPERFUND AMENDMENTS & REAUTHORIZATION ACT, TITLE III
(1986) SARA TITLE III, SEC. 301-312 / THE EMERGENCY PLANNING & COMMUNITY
RIGHT-TO-KNOW ACT (EPCRA)…Environmental Compliance Reporting.
 On October 17, 1986, President Ronald Reagan signed
into law SARA TITLE III, administered by the EPA. Also called
the Emergency Planning & Community Right-to-Know Act (EPCRA),
this law requires facilities with a chemically-oriented product
inventory to report annually (since 1987) its site-specific
chemicals and vital emergency response data to various federal,
state, county, and local EPA-related agencies. Reports, Emergency
Notification, HazCom Documentation are mandated under Sections
302, 304, 311, 312, 313.
[Note: This EPA "COMMUNITY
RIGHT-TO-KNOW" Law (1986) must not be confused with OSHA's
"EMPLOYEE RIGHT-TO-KNOW" Law under OSHA's Hazard
Communication Standard (1987). The EPA is administered as an
independent agency of the Federal Government, totally separate
from OSHA, administered under the Department of Labor. While the
EPA and OSHA appear to be related in subject matter, each
agency's goals and objectives differ widely. It is essential to
understand that both EPA and OSHA do not inspect for
non-compliance with laws of the other agency. However, as
authorized in January 1991, they are authorized as informants for
their counterparts in other agencies.]
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SARA Title III was enacted for two categorical reasons: 1.
Ever-increasing need for emergency response to industrial tragedies
occurring with heightened regularity (most notably the Union Carbide
disaster in Bhopal, India instantly killing 2,000 people); 2. Monitoring
/ Reduction of the release of toxic chemicals to the environment through
standard operating procedures. The Industrial Revolution of the
last 125 years has had an adverse effect on America's air, land, and
water, with an annual release of 10 billion pounds of toxic chemicals to
the environment. The purpose of EPA Environmental Compliance Reporting
is two-fold:
1. To provide qualitative and quantitative data to emergency
response authorities established by the EPA at all levels so as to
respond effectively to a chemically oriented emergency, and thus,
eliminate/reduce the loss of life, property, and the release of
hazardous substances to the environment - air, land, water, the
community-at-large, and the region downwind.
2. To assert the community's Right-To-Know of the presence of
hazardous substances maintained at any facility in the U.S, and
therefore, monitor the release of toxic chemicals to the
environment, subsequently preventing the pollution of the environment
through source reduction, waste minimization, and pollution prevention
techniques.
IMPORTANT EPA DEFINITIONS: "FACILITY" &
"HAZARDOUS CHEMICAL"
The EPA defines a FACILITY as an organization located on fixed premises
that maintains Material Safety Data Sheets (MSDSs) reflecting a chemical
inventory - liquids, solids and gases - being used, stored,
processed, produced, manufactured, or imported in the workplace.
Moreover, EPA defines a HAZARDOUS CHEMICAL as anything reflected in an
MSDS - liquid, solid, or gas - so as to determine "degree of
hazards" thus assigned to hazard categories, thresholds, and
regulatory mandates. While OSHA distinguishes between hazardous and
non-hazardous chemicals (due to objectives regarding employee exposure
in the workplace), the EPA considers worse case scenarios with hazardous
chemicals as it relates, not only to workplace employee exposure, but
also to the environment, the community at large, and the region downwind
from a facility. While a few exceptions apply, the EPA essentially
considers all chemicals as hazardous.
ACCIDENTAL SPILLS, RELEASES, & EMERGENCY RESPONSE PLANNING
Facilities are required to report an accidental spill or release of a
hazardous substance under CERCLA, Section 304, should the amount
of the spill/release exceed the Reportable Quantity (RQ) in pounds as
assigned by the EPA to the specific chemical(s) in question. This
release is reportable to local, state, and national authorities by phone
within one hour of the event's occurrence and in writing within five
days. Storage of chemicals, fuels, or oil-related products further lead
to implications for a SPILL PREVENTION CONTROL & COUNTERMEASURE (SPCC).
Requirements for the SPCC have three criteria: 1. Product stored above
ground at 660 gallons or more in a single container or at a total
capacity in two or more containers in excess of 1,320 gallons; 2.
Product is stored underground in excess of 42,000 gallons; AND 3. Could
reasonably be expected to be spilled / released into a body of water
(creek, stream, well, pond, river, lake, ocean).
EPA ENFORCEMENT PENALTY POLICY (RISK MGT.) FOR SARA TITLE III
EPA civil and administrative penalties, ranging from $10,000-$75,000 per
day per violation, can be assessed to facilities failing to comply with
Sections 302, 304, 311, 312, 313, as well as trade secret reporting
violations. Criminal penalties of up to $50,000 or five years in prison
may also be given to any person who knowingly and willfully fails to
provide emergency release notification under CERCLA 304. Form R
violations can be assessed up to $25,000 per chemical per year,
retroactive to 1987.
TOXIC RELEASE INVENTORY (TRI) - FORM R, EPA SARA TITLE III, SECTION
313 [IN CANADA: NAT'L POLLUTION RELEASE INVENTORY - NPRI]
In October of 1986, President Ronald Reagan signed into law EPA's
Superfund Amendments and Reauthorization Act, SARA Title III. This
law, also called the EMERGENCY PLANNING and COMMUNITY RIGHT-TO-KNOW
ACT (EPCRA), has required facilities with a chemically oriented product
inventory to report annually (from 1987 forward) its site-specific
chemicals relative to two major categories of concern expressed by the
U.S. Congress and the EPA:
1. Emergency Response (SARA Title III, Sec. 301-312) and,
2. Toxic Release Inventory (SARA Title III, Section 313 - Form R).
The latter category is the basis for fulfilling this project's
requirements which accounts for and reduces the release of toxic
chemicals to the environment (air, land and water). These toxic
chemicals / chemical categories are required for reporting
(retroactively required as far back as 5 previous, in addition to the
most current reporting year) due to their strong tendencies to cause
serious injuries with short term exposures, cause cancer in humans, and
impose significantly adverse effects on the environment.
"The EPA estimates that for each chemical reported, a facility
will spend 52.1 person-hours in satisfying its compliance under Form R
Reporting" (California RegWatch - February, 1999). Note: Canada
began requiring companies to file NPRI reporting in 1994 for 176
chemical categories - very similarly to U.S. regulations - which can be
covered by Vanguard for any zip code in Canada.
The purpose of Section 313 - Form R of SARA Title III, is:
1. Initially to monitor the release of toxic chemicals -
LIQUIDS, SOLIDS, & GASES - to the environment by companies that
process, manufacture, import, or "otherwise use" these
chemicals under STANDARD OPERATING PROCEDURES THROUGHOUT THE ENTIRE
CALENDAR YEAR. The U.S. Government estimates that an average of 10
billion pounds of toxic chemicals are released every year by industry
to our country's environment;
2. Reduce toxic pollution "at the source" under
the Pollution Prevention Act of 1990. This law was
"piggy-backed" on top of SARA, Sec. 313, thereby requiring
companies to reduce releases of their toxic
chemicals to the environment.
EPA ENFORCEMENT PENALTY POLICY (RISK MANAGEMENT)
SARA Title III, Sec. 313 provides for courts to impose penalties of
$27,500 per chemical per year. Retroactive reporting is required,
provided the facility was in operation and met the criteria for
reporting each year of record. Title III also grants citizens, health
professionals, and state and local governments the right to sue
violators of the law. Criminal penalties of up to five years in prison
are reserved for those facilities that either knowingly violate the law
or become repeat offenders. Once litigation has terminated and penalties
have been imposed, the violator is still mandated to
fulfill all reporting requirements violated.
FACILITIES & CRITERIA FOR FORM R CHEMICAL REPORTING
The reporting requirements apply to facilities with 10 or more full-time
employees (or 20,000 hrs/yr.), that process, manufacture, import, or
"otherwise use" a listed toxic chemical or chemical category
at or above specified threshold quantities. In addition to applicability
of this regulation to SIC Codes 2000 - 3999 since 1987, 7 industry
groups have been also added for compliance reporting effective January
1, 1998, encompassing the 1998 reporting year and filed by July 1,
1999.
The 7 industry segments for the "TRI Industry Expansion"
initiative are:
1. SIC code 10 - Metal Mining (except 1011 & 1094);
2. SIC code 12 - Coal Mining;
3. SIC codes 4911, 4931, 4939 - Electric Utilities;
4. SIC code 4953 - Commercial Hazardous Waste Treatment;
5. SIC code 5169 - Chemicals & Allied Products-Wholesale;
6. SIC code 5171 - Petroleum Bulk Terminals & Plants; 7. SIC code
7389 - Solvent Recovery Services.
As it regards SIC code 4953 above, the definition of "otherwise
use" has been amended to include treatment, stabilization, and
disposal of toxic chemicals received from off-site for waste management
purposes or generated during the waste management of materials received
from off-site. Incidentally, the State of Minnesota has added 14
additional SIC Codes for state reporting under Form R that venture far
beyond the aforementioned SIC Code requirements. Vanguard takes these
issues unique to the Minnesota into account, including some special
reports (Pollution Prevention Plan/Update and Progress Report) to
accompany state Form R reports.
There are now over 640 toxic chemicals and chemical categories
regulated for Form R Reporting. The EPA incorporated 286 of these toxics
for reporting beginning in the 1994 Compliance Year. A separate 5-page
Form R Report (changed in 1997 from the traditional 9-page report) must
be submitted for each chemical by July 1 of each year for toxic releases
during the previous calendar year.
Here are chemicals having additional "qualifiers" pertinent
to reporting requirements.
- Aluminum, Vanadium, Zinc (fume or dust ONLY)
- Asbestos (friable, i.e. crumbled ONLY)
- Isopropyl Alcohol (by strong acid process ONLY)
- Saccharin (Mfr. ONLY)
- Ammonium Nitrate and Sulfate (solution form ONLY)
- Phosphorous (yellow or white ONLY)
- Aluminum Oxide (fibrous form ONLY prior to 1995
reporting year - excludes black or red).
TRENDS TOWARD THE YEAR 2000
There are two major trends that will increase the burden and complexity
of Form R Reporting industry-wide. In 1998, the EPA introduced
legislation titled Persistent Bio-Accumulative Toxins Reduction to be
attached to Form R Reporting in the next couple years after an initial
1998 model program in Georgia offers its findings. This program's
objective will be to reduce emissions of those some 53 toxic chemicals
in the U.S. (91 in Canada) that have a tendency to linger and persist in
biological organisms (plant and animal life), as well as water resources
for an indefinite time period.
Important Note on upcoming threshold changes - The Year 2000
Reporting Year will witness a major change in the fundamental method by
which Form R Reporting is executed. The standard method of annual-usage
thresholds to determine whether reporting is required or not will be
converted to a very complex system of emissions thresholds. This means
that engineering projects will need to be conducted in advance of making
a Form R Applicability Determination, and on a more conservative basis,
before filling out the report(s) to be filed, or keeping the due
diligence work on file for future inspections.
People who have gotten used to the current 10,000 / 25,000 lb
annual-usage threshold, must grapple with emissions thresholds that go
as low as .1 grams, with many chemicals assigned their own emissions
thresholds of 10 to 100 lbs. EPA estimates an increase of Form R
Reporting by 25%. At 52.1 person-hours per chemical it takes to execute
a company's Form R compliance, the impact of this addition to a
company's compliance is not insubstantial.
EPA STORM WATER RUNOFF PERMITTING (MULTI-SECTOR GENERAL PERMIT)
FOR INDUSTRIAL & CONSTRUCTION SITES (40 CFR 122)
On November 16, 1990, the Environmental Protection Agency issued a
regulation as an outgrowth of the Clean Water Acts of 1972 (the original
NPDES) and 1987 requiring National Pollution Discharge Elimination
System (NPDES) permits for discharges of stormwater from the
manufacturing community in the United States. The Clean Water Acts have
always provided the EPA with the authority to control stormwater
discharges that convey pollutants to the waters of the United States
through point sources.
Historically, the EPA declined to issue permits for many
regulable stormwater discharges, preferring instead to concentrate its
attention on CONTROLLED discharges of process waters from industrial
facilities and CONTROLLED discharges from publicly owned treatment works
(POTWs). Under this newest amendment, UNCONTROLLED stormwater discharge
(which does not enter a municipal sewer system for treatment) conveyed
from a facility has become the focus for permitting. This requirement
should not be confused with regulations associated with municipal storm
water management.
Simply stated, an industrial facility is required to secure a
Stormwater Runoff Permit if storm water (rain and snow melt) escapes the
facility and finds its way into streams, creeks, rivers, lakes,
aquifers, and eventually to the Atlantic and Pacific Oceans. Such
polluted storm water is proven to convey chemical pollutants in the form
of dusts, vapors, and fumes. As these typical daily releases occur,
pollutants collect on roofs and facility grounds, being further spread
by winds. Storm events, assisted by the law of gravity, consequently
carry pollutants through downspouts and over facility grounds off site
to ditches and gullies, eventually resulting in the pollution of water
resources. While some controversy has existed about so-called
"light industry," exemptions are only valid if proven that
facility pollutant elimination is controlled at the source in which all
stormwater discharges are directly channeled for treatment in a
municipal sewer system only.
"Storm Water Discharge Associated With Industrial Activity"
means the discharge from any conveyance that is used for collecting and
conveying storm water and which is directly related to manufacturing,
processing, or raw materials storage areas at an industrial plant. The
terminology includes storm water discharges from industrial plant yards;
immediate access roads and rail lines used or traveled by carriers of
raw materials, manufactured products, waste material, or by-products
used or created by the facility; material handling sites; refuse sites;
sites used for the application or disposal of process of waste waters;
sites used for the storage and maintenance of material handling
equipment; sites used for residual treatment, storage, or disposal;
shipping and receiving areas; manufacturing buildings; storage areas
(including tank farms) for raw materials, and intermediate and finished
products; and areas where industrial activity has taken place in the
past and significant materials remain and are exposed to storm water.
Material handling activities include storage, loading and unloading,
transportation, or conveyance of any raw material, intermediate product,
finished product, by-product, or waste product.
Historically, there have been three forms of industrial permitting:
group, individual, and the general. By September 9 or 26, 1997
(depending on geographical location of a facility), companies in the
U.S. were required to secure coverage under the EPA's new Multi-Sector
General Permit (MSGP) to regulate discharges under EPA's NPDES program
for Stormwater Runoff Permitting associated with industrial activity.
All previous permits associated with storm water discharges expired
accordingly. The new MSGP includes previously excluded facilities,
according to the Federal Register on July 11, 1997 (vol. 62, no. 133).
Thus, in addition to the 29 industrial sectors established in the MSGP's
initial stages during 1995, EPA proposed a new sector that encompasses
basically all other industrial activities not previously specified.
Having no intention of reissuing the baseline permit of 1992, EPA
expected all industrial facilities previously permitted, as well as
those not yet permitted, to seek Stormwater Permit Coverage under the
MSGP program by the deadlines above.
Note: The deadline of September 25, 1997, affects facilities in
Massachusetts, Washington, D.C., Guam, American Samoa, Puerto Rico,
Indian lands in New York, and Federal Facilities in Delaware. The
September 9, 1997 deadline affects all other areas where EPA is the
permitting authority. It should be noted that there is conflicting
information in the 1992 Baseline General Permit that states that the
expiration date is October 1, 1997. However, EPA believes that the more
consistent reading of the permit in accordance with the Clean Water Act
would provide for the permit to expire at midnight, Sept. 9 & 25,
1997, respectively.
To meet the new MSGP regulations, facilities associated with
industrial activity are required to disengage from former permits which
will be considered obsolete and no longer able to meet EPA's mandates
under the new approach to "tailor made" permitting to each
specific industry, as well as facility-specific on sampling/monitoring
and the Pollution Prevention Plan (PPP). Industrial facilities previous
covered under the baseline permit, were eligible to transfer to the MSGP
beginning June 9,1997.
The MSGP is the latest modification to the 1987 Congressional
Amendments to the Clean Water Act requiring EPA to control the discharge
of pollutants from storm water point sources. Regulations were finalized
by EPA in 1990, and storm water permits for industrial activities were
required starting in 1992.
The most recent change for Storm Water Runoff Permitting legislation
encompasses the Endangered Species Act in which consideration must be
given and plans implemented for the prevention of harm to any endangered
species that could be reasonably anticipated to be exposed to toxics
emanating from a facility. The deadline for inclusion of this amendment
was December 23, 1998. Vanguard's work includes this most recent
legislative item.
EPA ENFORCEMENT PENALTY POLICY & RISK MANAGEMENT
The EPA Enforcement Penalty Policy for violation of this law is set at
$25,000 per day and/or one year imprisonment. For those willful
violators the policy is set to double the established enforcement
penalty. Through the spring and summer of 1997, enforcement initiatives
at municipal, state, and EPA Regional levels has been
stepped up immensely for inspections of industrial activities
nationwide.
INDUSTRY SECTORS REGULATED UNDER THE MSGP AND MANDATED PERMIT
CONDITIONS FOR MONITORING, POLLUTION PREVENTION PLANS (PPP), &
ANNUALLY-REQUIRED SITE COMPLIANCE UPDATES
Very Important Note: Any uncontrolled industrial storm water discharges
that come in direct contact with EPA's so-called "Water Priority
Chemicals" (273 toxic chemicals directly related to SARA, Section
313 Toxics) will require a facility to undergo a more sophisticated
process of Semi-Annual sampling, monitoring, and reporting to the EPA in
Washington, D.C., and/or the State of Record. Moreover, by the industry
and site-specific requirements below, most facilities must undergo
Quarterly Sampling / Monitoring, stated simply as "Quarterly
Monitoring," as applicable to the facility's industry sector. This
particular requirement is more engineering intensive and tends to
heighten the costs of the now-obsolete General Permit format.
A. Sector 1: Timber Products Facilities (SIC 24) - Quarterly
Monitoring, Site-Specific PPP, Daily/Monthly/Annual Site Compliance
Update
B. Sector 2: Paper & Allied Products Mfg. (SIC 26 ) -
Quarterly Monitoring, Site-Specific PPP, Annual Site Compliance Update
C. Sector 3: Chemical & Allied Products Mfg. (SIC 28) -
Quarterly Monitoring, Site-Specific PPP, 2 Wet/2 Dry Weather + Annual Site
Compliance Update
D. Sector 4: Asphalt Paving & Roofing Materials Mfg.
& Lubricant Mfg. (SIC 29) - Qtrly Monitoring, Site-Specific PPP,
Annual Site Compliance Update
E. Sector 5: Glass, Clay, Cement, Concrete, & Gypsum
Product Mfg. (SIC 32) - Quarterly Monitoring, Site-Specific PPP, Annual
Site Compliance Update
F. Sector 6: Primary Metals (SIC 33) - Quarterly Monitoring,
Site-Specific PPP, Quarterly + Annual Site Compliance Update
G. Sector 7: Metal Mining & Processing Facilities (SIC
10) - Quarterly Monitoring, Site- Specific PPP, Annual Site Compliance
Update
H. Sector 8: Coal Mines, Coal Mining & Related
Facilities (SIC 12) - Quarterly Monitoring, Site-Specific PPP,
Quarterly +
Annual Site Compliance Update
I. Sector 9: Oil & Gas Extraction (SIC 13) - Quarterly Monitoring, Site-Specific PPP, Weekly +
Quarterly + Semiannual + Annual
Site Compliance Update
J. Sector 10: Mineral Mining & Processing Facilities
(SIC 14) - Quarterly Monitoring, Site- Specific PPP, Annual Site
Compliance Update
K. Sector 11: Hazardous Waste Treatment, Storage, or
Disposal (SIC 4953) - Quarterly Monitoring, Site-Specific PPP, Weekly +
Monthly + Quarterly + Annual Site Compliance Update
L. Sector 12. Landfills & Land Application Sites (SIC
4953) - Quarterly Monitoring, Site- Specific PPP, Weekly + Monthly +
Quarterly + Annual Site Compliance Update
M. Sector 13. Auto Salvage Yards (SIC 5015) - Quarterly Monitoring, Site-Specific PPP,
Quarterly + Annual Site Compliance Update
N. Sector 14. Scrap Recycling & Waste Recycling (SIC
5093) - Quarterly Monitoring, Site- Specific PPP, Quarterly + Annual Site
Compliance Update
O. Sector 15. Steam Electric Power, Including Coal Handling
(SIC 49) - Quarterly Monitoring, Site-Specific PPP, Monthly + Annual Site
Compliance Update
P. Sector 16. Land Transport [Freight/Passenger] (SIC 40,
41, 42, 43, 5171) - Quarterly Visual Inspection, Site-Specific PPP,
Quarterly + Annual Site Compliance Update
Q. Sector 17. Water Transportation (SIC 44) - Quarterly Monitoring, Site-Specific PPP, Monthly + Annual Site Compliance Update
R. Sector 18. Ship & Boat Building / Repairing (SIC 37)
- Quarterly Visual Inspection, Site-Specific PPP, Monthly + Annual Site
Compliance Update
S. Sector 19. Air Transportation Facilities (SIC 45) -
Quarterly Monitoring (> 100,000 gals. of glycol-based deicing
chemicals),
Site-Specific PPP, Weekly + Annual Site Update
T. Sector 20. Treatment Works (SIC 3589) - Quarterly Visual
Inspection, PPP + Annual Employee Training, Annual Site Compliance
Update
U. Sector 21. Food & Kindred Products (SIC 20) -
Quarterly Monitoring, Site-Specific PPP, Routine + Annual Site Compliance Update
V. Sector 22. Textile Mills, Apparel, & Fabric Mfg.
(SICs
22, 23) - Quarterly Visual Inspection, Site-Specific PPP, Monthly + Annual
Site Compliance Update
W. Sector 23. Wood & Metal Furniture & Fixture Mfg.
(SIC 2434, 25) - Quarterly Visual Inspection, Site-Specific PPP,
Quarterly +
Annual Site Compliance Update
X. Sector 24. Printing & Publishing (SIC 27) - Quarterly
Visual Inspection, Site-Specific PPP + Annual Employee Training,
Annual Site Compliance Update
Y. Sector 25. Rubber, Misc. Plastics, & Misc. Mfg.
Facilities (SIC 30, 39) - Quarterly Monitoring, Site-Specific PPP, Annual
Site Compliance Update
Z. Sector 26. Leather Tanning & Finishing (SIC 31) -
Quarterly Visual Inspection, Site- Specific PPP, Annual Site Compliance
Update
AA. Sector 27. Fabricated Metals Products (SIC 34) -
Quarterly Monitoring, Site-Specific PPP, Annual Site Compliance Update
AB. Sector 28. Transportation Equip., Industrial, Commercial
Machinery (SIC 35) - Quarterly Visual Inspection, Site-Specific PPP,
Annual Site Compliance Update
AC. Sector 29. Electronic, Photographic, Optical Equipment
(SIC 36, 38) - Quarterly Visual Inspection, Site-Specific PPP, Annual Site
Compliance Update
AD. Sector 30. All Other Industrial Activities Not Above
(FR: July 11, 1997) - Quarterly Visual Inspection, Site-Specific PPP,
Annual Site Compliance Update
 
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