United States
        Environmental Protection
        Agency
         Enforcement and
         Compliance Assurance
         (2221-A)
EPA 305-B-99-005
March 1999
SrEPA
Multimedia
Environmental
Compliance
Guide for Food
Processors

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                   SECTION  1  CONTENTS

1.   The Guide: What it Is; What it Does	1-1
    1.1  Why an Environmental Compliance Guide for Food Processors	1-1
    1.2  How to Use This Guide	1-1
    1.3  Tools That Encourage Environmental Compliance  	1-3
        1.3.1   Compliance Incentives and Policies 	1-3
        1.3.2   Environmental Management Systems  	1-5
    1.4  Brief Overview of the Food Processing Industry	1-6
    1.5  Cost Effective Compliance and Pollution Prevention Techniques 	1-10

Table 1-1.  SIC and NAICS Codes for the Food Processing Industry  	1-7

Figure 1-1.  Food and Kindred Products (SIC 20): Distribution of Establishments
          intheU.S	1-9
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    .   THE  GUIDE: WHAT IT Is; WHAT IT  DOES
 I . I   Why an Environmental  Compliance  Guide

        for  Food  Processors

As food processors, you are regulated by a variety of federal laws administered by the U.S.
Environmental Protection Agency (EPA) that impact human activities and the environment.
Noncompliance with these regulations can damage human health and the environment, and
result in significant financial liabilities for clean up costs or fines. Environmental compliance
may be difficult for some food processors that do not have the time, staff, or other resources
necessary to determine their responsibilities. Also, environmental regulations and laws can be
complicated, and information on environmental compliance may be difficult to locate.  Adding to
these complexities, you must be aware of and meet stringent food safety requirements. To
assist you, EPA, with  special assistance from the American Frozen Food Institute (AFFI), the
American Meat Institute (AMI), the National Food Processors Association (NFPA) and the Food
Industry Environmental Council (FIEC), has developed this guide to address these issues.


 1 .2    How  to Use This Guide
This guide is intended to provide you, the
owner/operator, with a good first step in
understanding EPAs environmental
requirements affecting your specific operations.
The guide explains the basis of EPAs major
statutes and provides a general overview of a
food processor's major EPA requirements. The
requirements discussed here should provide a
good framework for understanding your federal
environmental compliance responsibilities, but
this guide does not provide the final word
on what your compliance responsibilities
are and how you meet them. You should
consult directly EPAs regulations, program
guidance, and other compliance assistance
materials.
    State/Local Requirements: The
    regulations discussed in this guide are
    primarily EPA requirements. Your state
    may have its own, stricter requirements;
    however, state regulations usually are
    based on federal law.  Be sure to check
    your state and/or local government
    environmental requirements.1
    1  The Source Book of State Laws & Regulations
    for Food Processors, published by the NFPA in June
    1996, offers help in understanding the regulatory
    requirements in each of the 50 states.
Organization
The guide begins with a brief overview of the industry and an introduction to several important
EPA policies and systems that are designed to foster environmental compliance.  Following this
introduction, a brief summary of the major environmental statutes applicable to the food
processing industry is presented in Section 2.0 Guide to EPA's Major Environmental Statutes.
Next, to assist you in identifying EPAs statutes and regulations applicable at your facility, Section
3.0 Understanding the Process: Inputs, Outputs, and Applicable Federal Environmental
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Regulations presents a method of identifying (1) your facility's wastestreams (regulated outputs)
and (2) hazardous or other regulated materials that may be inputs to either your process or to
ancillary operations (e.g., refrigeration).

Section 3.0 also helps you identify which EPA statute(s) may apply to your inputs and wastes.
With this information, you can then refer to the following sections of the guide to learn more
about applicable EPA regulations and requirements:

   ••  Section 4.0   How Do I Comply With Wastewater Discharge and Related Regulations?
   ••  Section 5.0   How Do I Comply With Safe Drinking Water Regulations?
   ••  Section 6.0   How Do I Comply With Air Regulations?
   ••  Section 7.0   How Do I Comply With the Emergency Planning and Community Right-to-
                   Know Act Regulations?
   ••  Section 8.0   How Do I Comply With the Hazardous Waste  Regulations?
   ••  Section 9.0   How Do I Comply with Spill or Chemical Release Requirements?
   ••  Section 10.0  Other Major Environmental Statutes and Regulations:  CERCLA, RCRA
                   Subtitle D, FIFRA, and TSCA.
                                                         Your state may have its own,
                                                         stricter requirements than
                                                         the federal requirements.  Be
                                                         sure to contact your state
                                                         regulatory agency for
                                                         information on state
                                                         requirements.
Remember that this guide highlights major EPA requirements
only. To help you in understanding the full range of EPA
requirements, Appendix A.  Summary of Major Regulations
From the CFR provides relevant portions of the Code of
Federal Regulations (CFR) in an easier-to-understand format
(with CFR citations). If you have additional questions,
Appendix B. Resources provides state and federal agency
contacts,  hotlines, and an annotated list of important EPA
policies and guidance.  References associated with this
guide are presented in Appendix C. References.

Attention  to  Food  Safety

As you are well aware, food safety is a paramount objective of food processors and agencies
which regulate  the industry. Food safety should be kept in mind when reviewing the information
in this guide and complying with environmental regulations. Under the Federal Food, Drug and
Cosmetic Act (FFDCA), the Food and Drug Administration (FDA) of the U.S. Department of
Health and Human Services (USDHHS), and the Food Safety and Inspection Service (FSIS) of
the U.S. Department of Agriculture (USDA) regulate the food processing industry to assure the
safety of the food supply.  These regulations address sanitation, microbial pathogens, and other
sources of foodborne illness. EPA also is involved in food safety by virtue of its responsibility
under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to set pesticide
tolerances or maximum pesticide residue levels. Some recent activity related to food safety
which may directly affect food processors includes the following:

       In 1996, Congress amended both FFDCA and FIFRA under the Food Quality Protection
       Act (FQPA) to restructure the standard setting, review, and enforcement authorities for
       pesticide tolerance and  residues  in food. See Section 10.3 Federal Insecticide,
       Fungicide, and Rodenticide Actfor more information.

    •   On May 12, 1997, Vice President Al Gore announced a five-point Administration plan to
       strengthen and improve food safety, known as the National Food Safety Initiative
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      Program. The plan sets forth new steps to reduce foodborne illness from microbial
      contaminants by working with consumers, producers, industry, states, universities, and
      the public.

Ideas  for Pollution Prevention

Many industry sectors are experimenting with new approaches to environmental compliance
through pollution prevention (P2) techniques, such as reducing the use of hazardous chemicals
by switching to alternative less hazardous substances, recycling materials, and reducing
wastewater discharge by means of water conservation. The final section of this guide, Section
11.0 Pollution Prevention Techniques, contains general information about means of reducing or
eliminating your wastestreams.  Cost effective compliance and pollution prevention techniques
are discussed further in Section 1.5.

 1.3    Tools  That  Encourage Environmental

         Compliance


 1.3.1  Compliance  Incentives and Policies
                                                  Environmental Audit: For
                                                  purposes of these policies, an
                                                  environmental audit is defined as
                                                  "a systematic, documented,
                                                  periodic, and objective review by
                                                  regulated entities of facility
                                                  operations and practices related to
                                                  meeting environmental
                                                  requirements."
Since 1986, EPA has promoted the use of
environmental auditing by companies in the United
States.  In 1995, EPA updated and expanded its earlier
policy in the form of two new policies that encourage
companies to achieve environmental compliance by
providing incentives for them to conduct environmental
audits voluntarily (see Incentives for Self-Policing
Policy)  and to participate in onsite compliance
assistance programs (see Small Business Policy).
These policies focus on proactive identification and
prompt correction of violations, and provide penalty
mitigation for those who qualify.

   •  Incentives for Self-Policing Policy.  In 1995, EPA issued Incentives for Self-Policing:
      Discovery, Disclosure, Correction, and Prevention of Violations (commonly known as
      the Audit Policy). Under this policy, companies that (1) voluntarily discover, promptly
      disclose, and correct violations; (2) prevent their recurrence; and  (3) promptly remedy
      any resulting damage do not face gravity-based penalties (i.e., the penalty amount over
      and above the company's economic gain from noncompliance). EPA retains its
      discretion to recover economic benefit gained as a result of noncompliance, so that
      companies will not be able to obtain an economic advantage over their competitors by
      delaying their investment in compliance. EPA continues its practice of not routinely
      requesting environmental audit reports.  For additional information on this policy and how
      it may apply to you, you can review the following: the final policy in the Federal Register
      (60  FR 66706-66711 [December 22, 1995]); the Audit Policy Interpretive Guidance; and
      the Audit Policy Update, EPAs  newsletter about the implementation of the policy. All
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      three are available at the website of EPA's Office of Enforcement and Compliance
      Assurance (OECA) at http://es.epa.gov/oeca/auditpol.html/.
       Small Business Policy. E PA s Policy on
       Compliance Incentives for Small Businesses
       (Small Business Policy), issued on May 20,
       1996, was developed to help small businesses
       achieve environmental compliance. If you are a   fewer individuals across all facilities
       small business with 100 or fewer employees in
Definition: Any business owned
by a person, corporation, or
partnership that employs 100 or
and operations owned by the entity
      the company, you may be eligible to have all      /s considered a small business.
      potential penalties for noncompliance waived, if
      you agree to come into compliance and meet
      other criteria.

      The policy provides incentives such as penalty waivers or penalty reduction for
      businesses that participate in government-sponsored, onsite compliance assistance
      programs, or that conduct environmental audits to discover, disclose, and correct
      violations. Onsite compliance assistance includes information or assistance provided by
      EPA,  a state agency, or other government agency or government-supported entity during
      a visit to your facility to help you comply with mandated environmental requirements.
      This assistance may be obtained confidentially from  those state assistance programs
      that offer such confidentiality.

      The sooner noncompliance is disclosed and corrected, the greater the benefits.  A
      penalty  can be waived entirely or reduced significantly if violations are self-disclosed to
      the proper authorities and corrected. If compliance is delayed, however, and EPA
      discovers the violation on its own, the ensuing penalties may be very costly. You can
      review the final policy [Federal Reg/sfer61 FR 27984; June 3, 1996],  and more
      information on how it may apply to your business by  accessing
      http://es.inel.gov/oeca/smbusi.html/.

      To assist you with compliance, EPA and states have developed numerous guides written
      in "plain English" on how to conduct audits and understand regulations. Contact the
      Small Business Ombudsman in your EPA regional office or visit EPA's  Internet site for
      more  information at http://www.epa.gOv/ttnsbap1/-Sma// Business Assistance
      Programs.  You also may call the EPA's National Small Business Ombudsman's toll-free
      hotline at 1-800-368-5888.

Many states  have adopted incentives for environmental auditing - some through policies and
others by legislation. Some states have adopted laws that provide broad privileges and
immunities for environmental audit findings.  EPA opposes these laws and is working  with state
officials to resolve issues with regard to the state maintaining necessary enforcement and
information gathering authorities, and ensuring legally mandated public access to information.

To the extent that violations, revealed through an audit and disclosed under a state audit privilege
and immunity law, continue to be addressed inadequately, EPA may take action through its
oversight authorities granted under the federal environmental laws. However, EPA has not
brought, and  will not bring enforcement actions against companies merely because they take
advantage of state audit privilege and immunity laws.
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 1.3.2  Environmental  Management Systems

An environmental management system (EMS) uses a defined process to identify the
environmental impacts of your operations, set goals, implement procedures to minimize those
impacts, and measure results to determine whether established goals and procedures are
appropriate.  Such a system has the potential to improve your company's environmental
performance and compliance with regulatory requirements.  It also may save your company
money, reduce liability, and improve efficiency in operations. An example in the food processing
industry is the environmental operating plan that Jack M Berry, Inc. (LaBelle, FL), a mid-sized
juice-processing facility, is developing under EPAs Project XL (X for environmental excellence
and L for Leadership).  See Section 11.4.1 EPA Programs for a brief explanation of this effort.
 At this time, EPA is not basing any
 regulatory incentives solely on the use
 ofEMSs, or certification to ISO 14001.
 For more information on EPA's position,
 see the Federal Register Notice, EPA
 Position Statement on Environmental
 Management Systems and ISO 14001
 and a Request for Comments on the
 Nature of the Data to be Collected from
 Environmental Management
 System/ISO 14001 Pilots, 63 FR 12094-
 97, March 12,  1998, from the EPA's
 Office of Reinvention.  This notice can
 be accessed at EPA's website at
 http://www. epa.gov/reinvent/
 notebook/emsfrl .htm/.
                                       EPA supports the development and use of EMSs
                                       that help a business achieve its environmental
                                       obligations and broader environmental
                                       performance goals. EPA encourages the use of
                                       EMSs that focus on improved environmental
                                       performance and compliance, as well as source
                                       reduction (pollution prevention) and system
                                       performance.  By working in partnership with a
                                       number of states, EPA is exploring the utility of
                                       EMSs, especially those based substantially on
                                       ISO 14001. ISO 14001,  an international standard
                                       finalized in 1996 by the International Organization
                                       for Standardization (ISO), is based on previous
                                       standards and agreement by international
                                       business and  government representatives.

                                       An EMS includes five key elements which are
                                       defined as follows:
(1) The environmental policy sets the general direction for your company's EMS, and if
appropriately communicated, shows management's commitment that facilitates implementation
of the EMS throughout all levels of your organization.
                                                      When planning for an EMS,
                                                      you might examine water
                                                      usage. Based on this review,
                                                      you may decide to reduce
                                                      water usage by installing low
                                                      flow nozzles.
(2) Planning means examining the environmental aspects
of your operations more closely. Based on this review, you
can develop objectives and targets designed to minimize
environmental impacts and improve the overall
performance of your company. When you complete the
planning process, your organization will have defined the
objectives of its environmental program, and developed a
plan to meet them.

Through the remaining components, (3) implementation and operation, (4) checking and
corrective action, and (5) management review, your company develops mechanisms to
achieve these objectives, reduce catastrophic risk, and continually monitor its environmental
activities. These mechanisms are specific to your company's operations, and are reviewed and
revised to promote continuous improvement.
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EPA recognizes the potential value of a mature EMS. Through initiatives such as Project XL,
EPA is working with companies to test EMSs that are designed to achieve superior
environmental performance. In 1994, through its Environmental Leadership Program (ELP),
EPA issued guidance on EMSs, entitled Draft Program Guide: Appendix A - ELP Environmental
Management System Guidelines. Although developed for use by facilities applying to ELP, the
criteria in the document may be useful to your company. You can access this document
through the ELP Homepage at http://es.epa.gov/elp/append-a.html/. See Section 11.4.1 EPA
Programs in this guide for a brief explanation of both Project XL and ELP.


 1.4    Brief Overview of the  Food  Processing

          Industry

The food processing products industry is a manufacturing industry that processes raw or
prepared animal, marine, and vegetable materials into intermediate foods or edible products.
This industry includes establishments manufacturing or processing foods and beverages for
human consumption, and certain related products, such as manufactured ice, chewing gum,
vegetable and animal fats and oils, and prepared feeds for animals and fowls. Processes of this
industry  result in the conversion of bulky, perishable, or inedible food materials into more
palatable, or more convenient foods and beverages.1

Table  1-1 lists the Standard Industrial Classification (SIC) and the North American Industrial
Classification System (NAICS) codes for the types of establishments (i.e., facilities) as defined
by the U.S. Census Bureau within SIC Code 20.

As of the Fall 1998, EPA has not published an overall plan for phasing in NAICS codes. But
several EPA programs that rely on SIC codes in determining whether a regulatory requirement
applies to a given facility have begun to adopt the NAICS codes. The EPCRA Non-313 Program
and the Oil Pollution Prevention Program proposed such changes in  regulatory criteria in  the
Federal Register in 1998. Also, the EPCRA 313 Toxic Release Inventory Program has begun
planning how to incorporate NAICS codes into its regulatory criteria.  This may be a several year
effort.  For additional information about these respective changes,  contact EPAs Chemical
Emergency Preparedness and Prevention Office (CEPPO); the Oil Program Center (OPC); or
the Office of Prevention, Pesticides and Toxics (OPPT). Information about the EPCRA
requirements and Internet sites can be found in Section 7.0 How Do I Comply With the
Emergency Planning and Community Right-to-Know Act Regulations?', information about the Oil
Pollution Prevention Program requirements and Internet site can be found in Section 4.6 Oil
Pollution Prevention Regulation of this guide.
1 U.S. Environmental Protection Agency. Industry Profiles: Food and Kindred Products and Stone, Clay,
Glass, and Concrete. Office of Solid Waste. Prepared by ICF, Inc., July 1994.

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  Table
SIC and NAICS Codes for the Food Processing Industry'
        sic
SIC
Codes
201



202





203









204







205



206






Types of
Facilities
Meat products



Dairy products





Canned,
frozen, and
preserved
fruits,
vegetables,
and food
specialties



Grain mill
products






Bakery
products


Sugar and
confectionary
products




NAICS Codes
311611
311612
311615,311999

311512
311513
311514

31152
311511
311422,311999
311421

311423

311421,311941

311411
311412

311211
31192,31193
311212
311822
311221
311111
311611,311119

311812

311821, 311919, 311812
311813
311311
311312
311313
31133,31134
31132
31134
311911
Meat packaging plants
Sausages and other prepared meat
products
Poultry slaughtering and processing
Creamery butter
Natural, processed, and imitation cheese
Dry, condensed, and evaporated dairy
products
Ice cream and frozen desserts
Fluid milk
Canned specialties
Canned fruits, vegetables, preserves, jams,
and jellies
Dried and dehydrated fruits, vegetables,
and soup mixes
Pickled fruits and vegetables, vegetable
sauces and seasonings, and salad
dressings
Frozen fruits, fruit juices, and vegetables
Frozen specialties not elsewhere classified
Flour and other grain mill products
Cereal breakfast foods
Rice milling
Prepared flour mixes and doughs
Wet corn milling
Dog and cat food
Prepared feeds and feed ingredients for
animals and fowls, except dogs and cats
Bread and other bakery products, except
cookies and crackers
Cookies and crackers
Frozen bakery products, except bread
Cane sugar, except refining
Cane sugar refining
Beet sugar
Candy and other confectionary products
Chocolate and cocoa products
Chewing gum
Salted and roasted nuts and seeds
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   Table I-I.  SIC and  NAICS Codes for the  Food  Processing Industry'
           sic
                                             NAICS
   sic
  Codes
   Types of
   Facilities
        NAICS Codes
          Types of Facilities
   207
Fats and oils
       311223,311225
       311222,311225
       311223.311225

311613, 311711,311712, 311225
    311225, 311222, 311223
Cottonseed oil mills
Soybean oil mills
Vegetable oil mills, except corn, cottonseed,
and soybeans
Animal and marine fats and oils
Shortening, table oils, margarine, and other
edible fats and oils, not elsewhere
classified
   208
Beverages
           31212
           311213
           31213
           31214
       312111,312112
    31193, 311942,311999
Malt beverages
Malt
Wines, brandy, and brandy spirits
Distilled and blended liquors
Bottled and canned soft drinks and
carbonated waters
Flavoring extracts and flavoring syrups, not
elsewhere classified
   209
Miscellaneous
food
preparations
and kindred
products
           311711
           311712
        31192, 311942
           311919
           312113
           311823
311423,111998, 31134, 311991,
 31183,31192,311941, 311942,
           311999
Canned and cured fish and seafoods
Prepared fresh or frozen fish and seafoods
Roasted coffee
Potato chips, corn chips, and similar
snacks
Manufactured ice
Macaroni, spaghetti, vermicelli, and noodles
Food preparations, not elsewhere
classified
*  Table 1-1 lists the 1987 SIC codes and 1997 NAICS codes for the food processing industry. The 1997 NAICS
   codes will replace the 1987 SIC codes in publications of the U.S. Statistical Agencies over several years
   (1998-2004), beginning with publications of the NAICS United States Manual. The NAICS Implementation
   Schedule for these agencies is available on the U.S. Census Bureau's Internet site at
   http://www.census.gov/epcd/naics/timeschd.html/.

Encompassing all facilities in SIC group 20, titled Food and  Kindred Products, this is one of the
largest industry groups comprising the manufacturing sector of the U.S. economy.2  Figure 1-1,
shows the distribution of food processing facilities across the U.S. in 1994. The four states with
the largest number of establishments were:

    •   California: 2,721 establishments (13.1%)
    •   New York: 1,363 establishments (6.5%)
    •   Texas: 1,187 establishments (5.7%)
    •   Pennsylvania: 1,111 establishments (5.3%).
 The term "food processing" is used throughout the guide in place of Food and Kindred Products.
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Together, these states contain approximately 30 percent of the establishments nationwide.
According to the 1994 Census of Manufacturers, there were 20,800 establishments in SIC 20
with shipments valued at $430 billion.  In terms of employment, the food processing industry
ranks fourth in the Nation in 1994, providing 1.5 million jobs. According to the data in EPAs
Toxic Release Inventory (TRI) system, the chemicals released from the food processing
industry that may have environmental  impact include ammonia, phosphoric acid, sulfuric acid,
chlorine, hydrochloric acid, nitric acid,  copper compounds, and zinc compounds.


 1.5     Cost  Effective Compliance and  Pollution

          Prevention  Techniques

Understanding federal, state, and local environmental requirements is the first step to cost
effective compliance.  Finding the most effective means of environmental compliance and going
beyond compliance are the next steps. This involves knowing what your compliance activities
are and how much you are spending on them (in relative terms at least). This involves
establishing a baseline of how much your facility is spending to comply with environmental
regulations. With this type of information, you can begin to assess where you might save money
through more effective means of complying or through pollution prevention.

Compliance activities for your facility involve interactions between you and the regulatory
agencies. These activities include regulatory obligations such as obtaining permits, paying fees,
monitoring, and reporting. Planning activities, such as emergency response, and recordkeeping
also may be required which may have additional costs.  And, of course, pollution control may
involve both capital and operating expenses.  Depending on the wastestreams your facility
generates and how you manage those wastes, you may be subject to this array of requirements.
Pollution prevention techniques may help you cut costs, and, in some instances, may enable
your operation to drop below regulatory thresholds and thereby become free of certain regulatory
requirements.


What  is  Pollution Prevention?

Pollution prevention (P2) encompasses both source reduction and in-process recycling. The
federal Pollution Prevention Act of 1990 defines source reduction as any practice that reduces
the amount of any hazardous  substance, pollutant, or contaminant entering any wastestream
(including fugitive emissions) prior to recycling, treatment, or disposal, and that reduces the
hazards to public health and the environment associated with the release of such substances,
pollutants, or contaminants. The Act declares that governments, businesses and industries,
and individuals should prevent or reduce pollution at its source wherever feasible. Where
source reduction cannot be achieved,  the Act advocates that responsible parties reuse and
recycle to reduce the quantity of hazardous waste requiring treatment.

EPA has adopted a hierarchical  approach to environmental protection, including source
reduction and in-process recycling, as follows:

   A. Source Reduction. The most desirable option of the hierarchy and the most effective
      way to reduce risk is through source reduction.  Source reduction is defined as any
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       method that reduces or eliminates the source of pollution entirely. This includes any
       practice that:

       •   Reduces the amount of hazardous substances, pollutants, or contaminants that
          enter a wastestream or are released otherwise into the environment prior to
          recycling, treatment, or disposal.

       •   Reduces the hazards to public health and the environment associated with the
          release of such substances, pollutants, or contaminants.

   B.  Recycling. Where pollution cannot be prevented through source reduction methods, the
       wastes contributing to the pollution should be recycled, preferably through closed loop,
       in-process or in-line methods.  Other recycling approaches include the use, reuse, or
       reclamation of waste after it has been generated.

   C.  Treatment.  Wastes that cannot be feasibly reduced at the source or recycled should be
       minimized through treatment in accordance with environmental standards that are
       designed to reduce both the hazard and volume of wastestreams.

   D.  Disposal. Finally, any residues remaining from facility operations that cannot be
       reduced, reused, recycled or treated should be disposed of safely to minimize their
       potential for release into the environment.  Disposal involves the transfer of a  pollutant to
       the environment in either air, solid waste, or water.

Section 11.0 Pollution Prevention Techniques provides general information and references on
P2 techniques you might implement at your facility.  Some are easy, some are more
challenging, and they all involve changes in how you do business. EPA encourages pollution
prevention as  a solution.

Keep in mind that there may be state pollution prevention requirements with which you
must comply. Contact your state regulatory agency for more information. Also, carry out
all pollution prevention activities at your facility in accordance with food safety
requirements of the USDA and FDA.
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                   SECTION  2  CONTENTS
2.   Guide to EPA's Major Environmental Statutes	2-1
    2.1  Introduction 	2-1
    2.2  Clean Water Act (CWA) and Oil Pollution Act (OPA)	2-1
    2.3  Safe Drinking Water Act (SDWA)  	2-6
    2.4  Clean Air Act (CAA)	2-8
    2.5  Emergency Planning And Community Right-To-Know Act (EPCRA)  	2-11
    2.6  Resource Conservation and Recovery Act (RCRA)	2-13
    2.7  Comprehensive Environmental Response, Compensation, And Liability Act
        (CERCLA)  	2-16
    2.8  Toxic Substances Control Act (TSCA)  	2-17
    2.9  Federal Insecticide, Fungicide, and Rodenticide Act(FIFRA)	2-19
    2.10 Other Federal Regulations  	2-20
        2.10.1  Coastal Zone Management Act (CZMA) 	2-20
        2.10.2 Endangered Species Act (ESA)  	2-21
    2.11 Summary Of The Enforcement Process and Selected Cases 	2-22
        2.11.1  Overview of Enforcement	2-22
        2.11.2 Summary of Food Processing Cases in ECAARsfrom FY 1991-1997 . . . 2-26
Guide to EPA's Major
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              2.   GUIDE TO  EPA's MAJOR

              ENVIRONMENTAL STATUTES

2.1   Introduction

This section discusses the federal statutes administered by U.S. Environmental Protection
Agency (EPA) along with the citations to EPA regulations that may apply to the food processing
sector.  For a brief discussion of pending and proposed EPA regulations that may apply to the
food processors, consult Appendix A.7 Pending and Proposed Regulations of this guide.

The descriptions within Section 2.0 are intended solely for general information. Depending upon
the nature or scope of the activities at a particular facility, these summaries may or may not
necessarily describe all applicable environmental requirements. Moreover, they do not
constitute formal interpretations or clarifications of the statutes and regulations. You must keep
in mind that this section discusses federal environmental laws administered by EPA (with a few
exceptions) and their related regulations only. State and/or local regulations may be more
stringent than federal  regulations.  Therefore, it is essential to consult appropriate state and/or
local agencies to learn the full range of environmental requirements that may aply to your facility.

For further information about federal requirements, you should consult the Code of Federal
Regulation (CFR) citation(s) listed at the end of each section, and review Appendix A. Summary
of Major Regulations From the CFR that contains summaries of the portions of the CFR
pertaining to each major statute discussed in the guide. Appendix B. Resources lists regional
and state regulatory agency contacts and EPA hotlines. Appendix C. References lists
documents used in developing this guide and additional references for your use.

2.2   Clean  Water Act  (CWA) and  Oil  Pollution

        Act  (OPA)
The discharge of wastewater from your food processing
facility generally will be covered by either the federal Clean
Water Act (CWA) or the Safe Drinking Water Act (SDWA)
(see Section 5.5 Underground Injection Control). In 1972,
Congress passed the Federal Water Pollution Control Act
(FWPCA), now known as the CWA, which established the
basic framework for protecting the waters of the United
States.  The CWA and its regulations now focus on keeping
conventional, nonconventional (including oil and grease),
and toxic water pollutants out of our rivers, lakes, and
oceans.
Generally, federal regulations target three types of industrial discharges. Industrial wastewater
discharges from food processing facilities probably fall into one of these categories:
              Wastewater discharge
              requirements are discussed in
              more detail in Section 4.0 and
              Appendix A. 1. For information
              on planning and release
              reporting requirements for
              spills to water, see Section 9.0.
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    (1)   Direct discharges which include any wastewater from an industrial facility (e.g.,
         untreated, unpolluted wastewater or treated process wastewater) that is discharged
         straight to surface waters (e.g., ponds, lakes, oceans, streams, and wetlands).
         Storm water discharges also are considered a type of direct discharge.

    (2)   Indirect discharges which include any wastewater from an industrial facility that is
         discharged to a publicly owned treatment works (POTW), which subsequently
         discharges to a surface water.

    (3)   Land application of industrial wastewater discharges.  Land application discharges
         include any wastewater from an industrial facility that is discharged to land to either
         condition the soil or to fertilize crops or other vegetation grown in the soil.

For more information, see:

         Section 4.0 How Do I Comply With Wastewater Discharge and Related Regulations?
         40 CFR  110-122, 40 CFR 400-500: Clean Water Act and Effluent Guidelines
         Appendix A. 1. Summary of Principal Regulations Under the Clean Water Act.
                                                     NPDES requirements are
                                                     discussed in more detail in
                                                     Section 4.3 and Appendix A.I.
NPDES Permit Requirements. The National
Pollutant Discharge Elimination System (NPDES)
program (CWA Section 402) controls direct discharges
into navigable waters.  A NPDES permit sets limits,
often referred to as effluent limits on the amounts of
pollutants that can be discharged to surface waters.
Permits must be obtained from EPA or the authorized state or territory.  As of March 1998, EPA
has authorized 42 states and one territory to administer the NPDES program.  EPA has not
delegated authority to the following states and territories: Alaska, Arizona, District of Columbia,
Idaho, Maine, Massachusetts, New Hampshire, New Mexico, Pacific Territories, Puerto Rico,
Texas, and the federal Tribal Lands.

For more information, see:

         Section 4.3 Am IA Direct Discharger?
         40 CFR 122: National  Pollutant Discharge Elimination System Permit Requirements
         Appendix A. 1. Summary of Principal Regulations Under the Clean Water Act.
Storm Water Discharges. In 1987, the CWA was

                                                     discussed in more detail in
amended to require EPA to establish a program to         Storm water requirements are
address storm water discharges as point sources.                    ^
Under Phase I of the storm water program, which
currently is being implemented, storm water discharges
associated with industrial activity, such as food processing, must be covered by a NPDES
storm water permit regardless of whether they discharge to a municipal separate storm sewer
system or directly to waters of the United States.  These permits provide a mechanism for
monitoring the discharge of pollutants from these  sources to waters of the United States and for
establishing appropriate controls. The term "storm water discharge associated with industrial
activity" means a storm water discharge from one of 11 categories of industrial activity defined
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in 40 CFR 122.26. See Section 4.3.2 Storm Water Dischargers for more information on these
categories and how they apply to your facility.

Food processors that have no exposure of materials and activities to storm water are
exempt from these requirements.  No exposure means that there is no possibility of storm
water, snow fall, snow melt, or storm water "run on" coming in contact with any process or
storage related activity. Additionally, storm water permits are not required where runoff flows
through a combined sewer to a POTW.

Facilities can comply with NPDES permit requirements for storm water discharges by
submitting (1) a Notice of Intent (NOI) to  be covered under a general permit (Baseline or Multi-
Sector); or (2) an application for an individual permit; and (3) complying with all of the
conditions specified in the applicable permit. In the past, facilities could submit an application to
be covered under a group permit, but this option and the original group permit have expired.
As of March 1998, 42 states and one territory have been delegated authority by EPA to
administer the NPDES program. EPA has not delegated authority to the following states and
territories: Alaska, Arizona, District of Columbia, Idaho, Maine, Massachusetts, New Hampshire,
New Mexico, Pacific Territories, Puerto Rico, Texas, and the federal Tribal Lands. Of the
delegated NPDES states and territories,  only the Virgin Islands has not been delegated authority
for the storm water general permits program as well.

As part of the storm water permits, facilities are required to develop and implement storm water
pollution prevention plans (SWPPPs). These plans are intended to  prevent storm water from
coming in contact with potential contaminants.  Each plan is facility specific because every
facility is unique in its source, type and volume of contaminated storm water discharges.
Regardless of the variations, all plans must include several common elements, such as a map
and site specific considerations.

For more information, see:

         Section 4.3.2 Storm Water Dischargers
         40 CFR 122.26: Storm Water Discharges
         Appendix A. 1. Summary of Principal Regulations Under the Clean Water Act.
Pretreatment Program. Industrial wastewater that    pretreatment requirements are
                                                  discussed in more detail in
                                                  Section 4.4.1 and Appendix A. 1.
is treated by a POTW is another type of discharge
that is regulated by the CWA.  The national
pretreatment program (CWA 307(b)) controls the
indirect discharge of pollutants to POTWs by
"industrial users."  Facilities regulated  under 307(b) must meet certain pretreatment standards.
The goal of the pretreatment program  is to protect the following: (1) municipal wastewater
treatment plants from  damage that may occur when hazardous, toxic, or other wastes are
discharged  into a sewer system from industrial activities; (2) the quality of sludge generated by
these plants; and (3) the receiving water by preventing the introduction of pollutants into POTWs
which will pass through the treatment works. Discharges to a POTW are regulated primarily by
the POTW itself, rather than the state or EPA. New food processing  facilities,  or facilities that
have not contacted their POTW in the past, can find the number of their  local POTW in the
phone book. The wastewater treatment superintendent or pretreatment coordinator can provide
the facility with any necessary information.
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There are three types of pretreatment requirements: requirements for general industry (general
pretreatment standards), requirements for specific industries (categorical pretreatment
standards), and locally established requirements for specific facilities (local limits).  EPA does
not consider food processing facilities to be categorical users and has not established specific
numerical limits for indirect discharges from food processors.  Hence, categorical
pretreatment standards that apply to food processing operations require compliance with 40
CFR 403 (general pretreatment standards). Local limits may also apply to your facility.

For more information, see:

         Section 4.4 Am I An Indirect Discharger?
         40 CFR 403: Pretreatment Program Requirements
         Appendix A. 1. Summary of Principal Regulations Under the Clean Water Act.
Oil Pollution Prevention Requirements. In 1973, EPA
issued the Oil Pollution Prevention Regulation (40 CFR 112),     requirements are discussed
also known as the Spill Prevention, Control and
Countermeasures (SPCC) regulation, to address the oil spill       ^ Aooendix A 1
prevention provisions contained in the Clean Water Act
                                                          Oil Pollution Prevention
                                                          in more detail in Section 4.6
(CWA) of 1972.  The main objective of the SPCC program is
to prevent oil spills from regulated aboveground and underground storage tanks from
reaching navigable waters of the U.S. or adjoining shorelines.  In 1990, Congress passed the Oil
Pollution Act (OPA) that amended Section 311 of the CWA to require substantial harm facilities
to develop and implement facility response plans (FRPs).  FRPs help facility owners/operators
develop a response organization and identify the resources needed to respond to an oil spill
adequately and in a timely manner.

Under the CWA, the definition of oil includes oil of any kind and any form, such as petroleum and
nonpetroleum oils. Generally, oils fall into the following categories:  crude oil and refined
petroleum products, edible animal and vegetable oil, other oils of animal or vegetable origin, and
other nonpetroleum oils.

EPAs regulation requires facilities to prepare a plan and implement measures to prevent and
control oil spills, regardless of the cause (e.g., human operational error, equipment failure or
natural causes, such as lightning striking a tank).  If your facility is subject to the SPCC
requirements, EPA requires you to prepare an SPCC plan and conduct an initial screening to
determine whether you are required to develop an FRP. Those facilities that could cause
substantial harm to the environment must prepare and submit an  FRP to EPA for review.

In the event of an oil spill or release, you must first report it to the National Response Center
at 1-800-424-8802 or 703-412-9810 (Washington, D.C. area). In  addition, you (the owner or
operator of a regulated facility) must submit, in writing, certain information including the SPCC
Plan to the EPA Regional Administrator within 60 days,  if the release  meets either of the
following conditions: (1) either a single discharge of more than 1,000 gallons of oil; or (2) two
reportable  spills/discharges of oil in harmful quantities, during any 12-month period, into or upon
navigable waters, shorelines, etc.
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For more information, see:

        Section 4.0 How Do I Comply With Waste wafer Discharge and Related Regulations?
        40 CFR 112 Oil Pollution Prevention Regulation
        Appendix A. 1. Summary of Principal Regulations Under the Clean Water Act.


Examples of CWA Enforcement Provisions and Penalties

The 1987 amendments to the CWA increased EPAs penalty authorities as an enforcement tool.
Congress added new authority for assessment of administrative penalties and increased
penalties for civil and criminal violations. Some examples of EPAs enforcement authorities
under the NPDES Program and the Oil Pollution Prevention Program are summarized below.
Civil penalty amounts presented here also reflect the inflation adjustment authorized by
Congress under the Debt Collection Improvement Act of 1996. See Section 2.11 for more
information.

NPDES  Program

        Federal civil penalties:  Persons who discharge pollutants from a point source without
        a NPDES permit or in violation of that permit may be subject to the following:
        Administrative penalties up to $11,000 per day per violation; civil judicial penalties of
        up to $27,500 per day per violation.

        Federal criminal penalties: Penalties for negligent violation may include fines up to
        $25,000 per day of violation or one year imprisonment, or both.  Penalties for knowing
        violations may include fines up to $50,000 per day of violation or imprisonment of up to
        three years,  or both. Penalties for knowing endangerment may include fines up to
        $250,000 or imprisonment for not more than 15 years.
Oil Pollution Prevention Program
For discharges of oil or hazardous substances from onshore or offshore facilities, the owner,
operator, or person in charge may be subject to the following:

         Federal civil penalties:  Administrative penalties up to $11,000 per day per violation;
         civil judicial penalties of up to $27,500 per day of violation, or up to $1,100 per barrel of
         oil or unit of reportable quantity discharged. Violations which are the result of gross
         negligence or willful misconduct are subject to civil judicial penalties of not less that
         $110,000 and not more that $3,300 per barrel of oil or unit of reportable quantity
         discharged.

         Federal criminal penalties: Knowing violations may result in fines of up to $50,000 per
         day of violation, or up to three (3) years of imprisonment, or both; knowing
         endangerment may include fines up to $250,000 or imprisonment for not more than 15
         years.

See Section 2.11.2 Summary of Food Processing Cases in ECAARs from FY1991 -1997 for a
description of CWA cases.

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 Note: EPA's Office of Water (202-260-5700) will direct callers with questions about the CWA to
 the appropriate EPA office. EPA also maintains a bibliographic database of Office of Water
 publications which can be accessed through the Ground Water and Drinking Water Resource
 Center at 202-260-7786.
2.3    Safe Drinking Water Act  (SDWA)


The SDWA is the federal legislation that protects public    I  0 ,   .. ..      ,      ,  ,.
health by regulating public drinking water and               Safe dnnk"V water ^ulatons
underground injection. EPA is responsible for writing
regulations to carry out the provisions of the Act. Fifty-
four of 56 states and territories have primacy to enforce
compliance with National Primary Drinking Water
Regulations (NPDWRs), as well as monitoring/reporting and public notification requirements
contained in 40 CFR 141.  EPA has primacy in Wyoming, Washington, D.C., and Tribal Lands,
and may also take enforcement action in a primacy state where the state does not take an
enforcement action in response to a violation. Generally speaking, most primacy states adopt
drinking water regulations which closely reflect the federal requirements.

EPA has developed national primary and secondary drinking water regulations under its SDWA
authority, as well as monitoring/reporting, and public notification requirements. As part of the
NPDWRs, EPA has developed maximum contaminant levels (MCLs) and treatment techniques
(TTs) for more than 80 contaminants. MCLs are based on maximum contaminant level goals
(MCLGs) and other factors. When there is no reliable method that is economically and
technically feasible to measure a contaminant at particularly low concentrations, a TT is set
rather than an MCL.  Examples of TT rules are the Surface Water Treatment Rule and the Lead
and Copper Rule.  See Section 5.4.1 National Primary Drinking Water Regulations for more
information.

National secondary drinking water regulations (NSDWRs) are federal guidelines regarding taste,
odor, color, and certain other non-aesthetic effects of drinking water. These regulations are not
federally enforceable.  EPA recommends them to states as reasonable goals, but federal law
does not require water systems to comply with them.  States may however, adopt their own
enforceable regulations governing these concerns. Therefore, check your state's drinking water
regulations and contact your state regulatory agency.

In addition to EPA's SDWA requirements, water used in food processing operations must meet
the Food and Drug Administration (FDA) and the United States Department of Agriculture
(USDA) requirements. The FDA, under its good manufacturing practice regulations, requires
that "any water that contacts food or food-contact surfaces shall be safe and of adequate
sanitary quality" (Current Good Manufacturing Practice in Manufacturing, Packing, or Holding
Human Food, 21 CFR 110.37).  In addition, the USDA's  Food Safety and Inspection Service
(FSIS) sets standards for activities associated with the production of meat and poultry products,
including standards involving water use and reuse.
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For more information, see:

        Section 5.0 How Do I Comply With Safe Drinking Water Regulations?
        40 CFR 141: National Primary Drinking Water Regulations
        40 CFR 142: National Drinking Water Regulations Implementation
        29 CFR 110: Current Good Manufacturing Practice in Manufacturing, Packing, or
        Holding Human Food
        Appendix A.2. Summary of Principal Regulations Under the Safe Drinking Water Act.
Underground Injection Control (UIC) Requirements. The         . //r     .      ,
SDWA UIC program (40 CFR 144-148) is a permit program          ~/° rectul re merits are
designed to protect underground sources of drinking water by        ^"^A '" rf° 'A^
regulating the injection of liquid waste into five classes of injection    |  -  an   ppen  ix  . .
wells. The UIC permit program is primarily enforced by primacy
states; however, EPA maintains primacy for all wells in 13 states
and territories, all Tribal Lands, and for some classes of wells in 7 states.

If your facility meets certain criteria, you are required to obtain UIC authorization by permit or by
rule to inject liquid waste.  UIC permits include design, operating, inspection, closure, and
monitoring requirements.  Wells used to inject hazardous wastes also must comply with RCRA
corrective action standards (40 CFR 264) in order to be granted a RCRA permit, and must meet
applicable RCRA land disposal restriction (LDR) standards.  See Section 8.6, Compliance
Requirements for SQGs and LQGs, for more information on LDR standards.

For more information, see:

        Section 5.5 Underground Injection Control (UIC) Requirements
        40 CFR 144-148: Underground Injection Control Program
        Appendix A.2: Summary of Principal Regulations Under the Safe Drinking Water Act.

Examples  of SDWA Enforcement Provisions and  Penalties

The 1986 amendments to the SDWA increased EPAs penalty authorities as an enforcement
tool. Congress added new authority for assessment of administrative penalties and increased
penalties for civil and criminal violations. These authorities were further strengthened for the
Public Water Supply System (PWSS) program by the 1996 SDWA amendments.   Some
examples of EPAs enforcement authorities under the PWSS and UIC programs are
summarized below.
PWSS  Program
         Federal civil penalties: Persons who violate any applicable national primary drinking
         water regulation may be subject to the following penalties: up to $27,500 for failure to
         comply with any Administrative Compliance Order (any penalty sought in excess of
         $25,000, must be assessed by a civil judicial action); civil judicial penalties of up to
         $27,500 per day per violation.

         Federal criminal penalties: Persons who tamper with or attempt to tamper or threaten
         to tamper with a public water supply may be subject to the following: for tampering,

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         not more than 5 years imprisonment, or fined in accordance with Title 18 U.S.C., or
         both; for attempting or threatening to tamper, not more than 3 years imprisonment, or
         fined in accordance with Title 18 U.S. C., or both; or a civil penalty of not more than
         $55,000 for any tampering, or not more than $22,000 for any attempt or threat.

Underground Injection Control

Persons who violate the requirements of an applicable UIC requirement may be subject to:

         Federal civil penalties: Administrative penalties up to $11,000 per day and civil judicial
         penalties of up to $27,500 per day per violation.

         Federal criminal penalties: Criminal penalties for willful violations may include fines in
         accordance with Title 18 U.S.C. or three years imprisonment, or both.

EPA also has emergency powers that are applicable to both PWSS and UIC when a
contaminant, that may present an imminent and substantial endangerment to the health of
persons, is present in or likely to enter a public water system or an underground source of
drinking water.
 Note: EPA's Safe Drinking Water Hotline (1-800-426-4791) provides answers to
 questions and distributes guidance pertaining to SDWA standards.
2.4   Clean Air Act  (CAA)
The Clean Air Act (CAA), including the Amendments           CAA requjrements are
(CAAA) of 1990, are designed to "protect and enhance the
nation's air resources so as to promote the public health                 and
and welfare and the productive capacity of the population.                    ^
                                                      discussed in more detail in
Under the CAAA, many facilities will be required to obtain
permits for the first time.  State and local governments oversee, manage, and enforce many of
the requirements of the CAAA.

CAA Titles. The CAA consists of six sections, referred to as Titles, which direct EPA to
establish national standards for ambient air quality.  Titles I-VI regulations can be found in 40
CFR 50-95.

    •    Title I - Air Pollution Prevention and Control. Pursuant to Title I of the CAA, EPA
         has established national ambient air quality standards (NAAQSs) to limit levels of six
         criteria pollutants, including carbon monoxide, lead, nitrogen oxides, particulate
         matter (PM), ozone, and sulfur dioxide (40 CFR 50).  Under Section 110 of the CAA,
         each state must develop a State Implementation Plan (SIP) to identify sources of air
         pollution and to determine what reductions are required to meet federal air quality
         standards.  The SIP must be approved by EPA,  or EPA may promulgate a plan of its
         own. Once a SIP is approved, it may be enforced by both federal  and state authorities
         (CAA Section 110, 42 U.S.C., Section 7410(a)(2)). Geographic areas that meet
         NAAQSs for a  given pollutant are classified as attainment areas; those that do not

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         meet NAAQSs are classified as nonattainment areas.  Those areas that are classified
         as nonattainment must update their SIPs in order to improve air quality.

         Title I also authorizes EPA to establish New Source Performance Standards
         (NSPSs), which are nationally uniform emission standards for new stationary sources
         falling within particular industrial categories (CAA Section 111).  NSPSs are based on
         the pollution control technology available to that category of industrial source but allow
         the affected industries the flexibility to devise a cost-effective means of reducing
         emissions.

    •    Title II - Emission Standards for Moving Sources.  Title II of the CAA (Section 201-
         250) pertains to mobile sources, such as cars, trucks,  buses, and planes.  It
         establishes allowable levels of automobile emissions and includes provisions for
         alternative fuels.  Reformulated gasoline, automobile pollution control devices, and
         vapor recovery nozzles on gas pumps are a few of the mechanisms EPA uses to
         regulate mobile air emission sources.

    •    Title III - Air Toxics.  Under Title I, EPA establishes and enforces National Emissions
         Standards for Hazardous Air Pollutants (NESHAPs), nationally uniform standards
         oriented towards controlling particular hazardous air pollutants (HAPs). Title III further
         directed EPA to develop a list of sources that emit any of 188 HAPs listed under
         Section 112 of the CAA, and to develop regulations for these categories of sources.
         To date, EPA has listed 174 categories and developed a schedule for the
         establishment of emission standards. The emission standards will be developed for
         both new and existing sources based on maximum achievable control technology
         (MACT). The MACT is defined as the control technology achieving the maximum
         degree of reduction in the emission of the HAPs, taking into account cost and other
         factors.

    •    Title IV - Acid Deposition Control. Acid rain occurs when sulfur dioxide and
         nitrogen oxide emissions are released into the atmosphere and  return to the earth in
         rain, fog, or snow. Title IV establishes a sulfur dioxide emissions program designed to
         reduce the formation of acid rain by requiring power plants and other utilities to reduce
         sulfur dioxide emissions.  Reduction of sulfur dioxide releases will be obtained by
         granting certain sources limited emissions allowances. This program began in  1995
         and set levels of sulfur dioxide releases below previous levels.

    •    Title V - Permits. Title V of the CAAA of 1990 created a permit program for all major
         sources (and certain other sources) regulated under the CAA.  One purpose of the
         operating permit is to include, in one document, all air emissions requirements that
         apply to a given facility.  States are developing the permit programs in  accordance
         with guidance and regulations from EPA. Once a state program is approved by EPA,
         permits will be issued and monitored by that state.

    •    Title VI - Stratospheric Ozone.  Title VI is intended to protect stratospheric ozone by
         phasing out the manufacture of ozone-depleting chemicals and restricting their use
         and distribution. Title VI requires EPA to list all regulated substances along with their
         ozone depletion potential, atmospheric lifetimes, and global warming potentials.
         Production of Class I  substances, including 15 kinds of chlorofluorocarbons (CFCs),
         will be  phased out entirely by the year 2000, while certain hydrochlorofluorocarbons

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         (HCFCs) will be phased out by 2030.  Title VI also requires EPA to publish a list of
         substitutes for Class I and II chemicals.
Risk Management Program. As required
under Section 112(r) of the amended CAA, EPA
has promulgated the Risk Management
Program Rule. The rule's main goals are to
prevent accidental releases of regulated        substances onsite above the threshold
substances and to reduce the severity of those    ^rfy. Ammonia is one of the identified
releases that do occur by requiring facilities to      substances.
Food processors may be subject to risk
management planning requirements if
they have one or more of the identified
develop risk management programs. The risk
management programs must incorporate three
elements: a hazard assessment, a prevention program, and an emergency response program.
These programs are to be summarized in a risk management plan (RMP) that will be made
available to state and local government agencies and the public. Besides helping facilities
prevent accidents, the rule can improve the efficiency of work operations by ensuring that
workers are trained in proper procedures and by using preventive maintenance to reduce
equipment breakdowns.

If you have more than a threshold quantity of any of the regulated substances in a single
process, you are required to comply with the regulation (40 CFR 68). EPA has currently
established a list of 140 regulated substances that fall under these CAA regulations. These
substances were published in the Federal Register on January 31, 1994; EPA amended the list
by rule, published on December 18, 1997. EPA may amend the list in the future as  needed.
Covered facilities must comply with the rule by June 21,1999.  The RMPs will be available
electronically to state and local governments and citizens to help them understand local
chemical hazards and take steps to prevent accidents.

For more information on risk management planning, contacting the RCRA/UST,  Superfund and
EPCRA Hotline at 1-800-424-9346 or 703-412-9810, or access EPAs Chemical Emergency
Preparedness and Prevention Office Home Page at http://www.epa.gov/swercepp/.

For more information, see:

        Section 6.0 How Do I Comply With Air Regulations?
        40 CFR 50-99: Air Programs
        40 CFR 68: Chemical Accident Prevention Provisions
        Appendix A.3. Summary of Principal Regulations Under the Clean Air Act.
Examples of CAA Enforcement  Provisions and Penalties

The 1990 Clean Air Act Amendments gave EPA additional enforcement authorities including
administrative authorities and field-issued citations. Field-issued citations are those that are
issued by a compliance inspector at the time of an inspection. Civil penalty amounts presented
here also reflect the inflation adjustment authorized by Congress under the Debt Collection
Improvement Act of 1996 (see Section 2.11 for more information).
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         Federal civil penalties:  Failure to comply with an air operating permit, the State
         Implementation Plan (SIP) or a federal regulation may result in a civil judicial penalty of
         up to $27,500 per day per violation. A field-issued citation may result in penalties up to
         $5,000 per violation.

         Federal criminal penalties: Knowing violation may result in criminal penalties including
         fines up to $1,000,000 per day per violation and fifteen years imprisonment.

See Section 2.11.2 Summary of Food Processing Cases in ECAARs from FY1991 -1997 for a
description of CAA cases.
 Note: EPA's Control Technology Center (919-541-0800) provides general assistance and
 information on CAA standards. The Stratospheric Ozone Information Hotline (1-800-296-1996)
 provides general information about regulations promulgated under Title VI of the CAA, and
 EPA's RCRA/UST, Superfund and EPCRA Hotline (1-800-424-9346 or 703-412-9810) provides
 information concerning accidental release prevention under CAA Section 112(r). In addition,
 the Technology Transfer Network Bulletin Board System (modem access 919-541-5742) includes
 recent CAA rules, EPA guidance documents, and updates of EPA activities.
2.5    Emergency  Planning And  Community
         Right-To-Know Act (EPCRA)
The Superfund Amendments and Reauthorization Act
(SARA) of 1986 created EPCRA, also known as SARA
Title III. This statute was designed to improve             discussed in more detail in
community access to information about chemical
EPCRA requirements are
                                                  Section 7.0 and Appendix A.4.
hazards and to facilitate the development of chemical      CERCLA requirements are
emergency response plans by state and local             f*L"SSe,d'" mo^endetail'n n c
governments. EPCRA required the establishment of      Sectlon 10-° and Appends A.5.
state emergency response commissions (SERCs).
SERCs are responsible for coordinating certain
emergency response activities and for appointing local emergency planning committees
(LEPCs).

EPCRA regulations establish four types of reporting obligations for facilities which store or
manage specified chemicals:

        EPCRA Section 302/303. Requires facilities to notify the SERC (EPCRA Section
        302) and  LEPC (EPCRA Section 303) of the presence of any extremely hazardous
        substance (the list of such substances in 40 CFR 355, Appendices A and B) if it has
        such a substance in excess of the substance's threshold planning quantity.

        EPCRA Section 304. Requires the facility to notify the SERC and the LEPC in the
        event of an accidental release exceeding the reportable quantity of an EPCRA
        extremely hazardous  substance or a CERCLA hazardous substance. Facilities are
        also required to notify the National Response Center at 1-800-424-8802 in the event of
        a release of a CERCLA hazardous substance.
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         EPCRA Sections 311 and 312. Require a facility at which a hazardous chemical [as
         defined by the Occupational Safety and Health Administration (OSHA)] or an EPCRA
         extremely hazardous substance is present in an amount exceeding a specified
         threshold to submit to the SERC, LEPC, and local fire department material safety data
         sheets (MSDSs) or lists of MSDSs and hazardous chemical inventory forms (also
         known as Tier I and II  forms). This information helps the local government respond in
         the event of a spill or release of the chemical.

         EPCRA Section 313. Commonly referred to as the Toxic Chemical  Release
         Inventory (TRI),  this program requires certain designated businesses to submit annual
         reports (known as Form Rs and Form As) on more than 600 EPCRA Section 313
         chemicals and chemical categories. Facilities meeting  the EPCRA Section 313
         reporting criteria must report the annual releases and other waste management
         activities (routine and  accidental) of EPCRA Section 313 chemicals to all
         environmental media.  The reports are submitted to U.S. EPA and State or Tribal
         governments, on or before Julyl, for activities in the previous calendar year. This
         information increases the public's knowledge or, and access to information on the
         presence of toxic chemicals in their communities.

All information submitted pursuant to EPCRA regulations is publicly accessible, unless
protected by a trade secret claim.

For more information, see:

         Section 7.0 How Do I  Comply With the Emergency Planning and Community Right-
         to-KnowAct Requirements?
         40 CFR 350-372: Emergency Planning and Community Right-to-Know Information
         Appendix A.4. Summary of Principal Regulations Under the Emergency Planning and
         Community Right-to-Know Act.

Examples of  EPCRA Enforcement  Provisions and Penalties

Examples of civil and criminal penalties under EPCRA are described below.  Civil penalty
amounts presented here also reflect the inflation adjustment authorized by Congress under the
Debt Collection Improvement Act of 1996. (See Section 2.11 for more information.)

         Federal civil penalties: Failure to do the following may result in civil penalties of up to
         $27,500  per day per violation: submit Forms Rs for all EPCRA 313 chemicals for
         which the facility exceeded the threshold; provide information in response to a request
         from the  local emergency planning committee; report accidental releases to all
         appropriate authorities; provide all reporting information  required; or notify the
         committee of any changes at the facility that affect the development of the emergency
         response plan.

         Federal criminal penalties: Knowing violation may result in criminal penalties including
         fines up to $25,000 and/or up to two years in prison.

See Section 2.11.2 Summary of Food Processing Cases in ECAARs from FY1991 -1997 for a
description of EPCRA cases.


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 Note: EPA's RCRA/UST, Superfund and EPCRA Hotline (1-800-424-9346 or 703-412-
 9810) provides information and distributes guidance regarding the emergency
 planning and community right-to-know regulations.
2.6    Resource  Conservation  and  Recovery Act
         (RCRA)
The Resource Conservation and Recovery Act (RCRA) of
1976 which amended the Solid Waste Disposal Act,          Hazardous waste requirements
addresses solid (Subtitle D) and hazardous (Subtitle C)       are °/sc"sse°'" more J   ' '"
waste management activities.  The Hazardous and Solid     | bectlon 8-° and Appendix A. 6.
Waste Amendments (HSWA) of 1984 strengthened
RCRAs waste management provisions and added Subtitle
I, which governs underground storage tanks (USTs).

Subtitle D of RCRA and its implementing regulations basically apply to the management of
solid, nonhazardous waste and its disposal in landfills. Subtitle D applies to your food
processing facility because it prohibits open dumping of solid, nonhazardous wastes. A
nonhazardous waste is defined as any garbage, refuse, or sludge from waste treatment plants,
water treatment plants, or air pollution control equipment.  Programs addressing the disposal of
solid, nonhazardous wastes are developed and enforced at the state or local  level.  Contact your
state for more information on proper disposal practices.

Regulations promulgated pursuant to Subtitle C of RCRA (40 CFR 260-299) establish a
"cradle-to-grave" system governing hazardous waste from the point of generation to disposal.
RCRA hazardous wastes include the specific materials listed in the regulations or materials
which exhibit a hazardous waste characteristic (ignitability, corrosivity, reactivity, ortoxicity).

Regulated entities that generate hazardous waste are subject to waste accumulation,
manifesting, and recordkeeping standards. Facilities that treat, store, or dispose of hazardous
waste must obtain a permit, either from EPA or from a state agency which EPA has authorized
to implement the permitting program. Subtitle C permits contain general facility standards such
as contingency plans, emergency procedures, recordkeeping and reporting requirements,
financial assurance mechanisms, and unit-specific standards. RCRA also contains provisions
(40 CFR 264 Subpart S and 264.10) for conducting corrective actions which govern the cleanup
of releases of hazardous waste or constituents from solid waste management units at
RCRA-regulated facilities.

Most RCRA requirements are not industry specific but apply to any company that generates,
transports, treats,  stores, or disposes of hazardous waste. Although RCRA is a federal statute,
many states implement the RCRA program.  Currently, EPA has delegated its authority to 46
states to implement various provisions of RCRA. LIST programs are delegated to about half of
the states. Important RCRA regulatory requirements include:
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         Identification of Solid and Hazardous
         Wastes (40 CFR 261) lays out the procedure
         every generator should follow to determine
                                                     hazardous waste. See Section
         whether the material created is considered a      Q Q for more information
         solid waste, hazardous waste, or is exempt
         from regulation.

         Standards for Generators of Hazardous Waste (40 CFR 262) establishes the
         responsibilities of hazardous waste generators including obtaining an identification (ID)
         number, preparing a manifest,  ensuring proper packaging and labeling, meeting
         standards for waste accumulation units, and recordkeeping and reporting
         requirements. Generators can accumulate hazardous waste for up to 90 days (or 180
         days depending on the amount of waste generated per month) without obtaining  a
         permit for being a treatment, storage, and disposal (TSD) facility.

         Land Disposal Restrictions (LDRs) (40 CFR 268) are regulations prohibiting the
         disposal of hazardous waste on land  without prior treatment.  Under the LDRs,
         materials must meet LDR treatment standards for hazardous constituents prior  to
         placement in a RCRA land disposal unit (landfill, land treatment unit, waste pile, or
         surface impoundment). Land disposal units are defined in 40  CFR 264 and 265,
         Subparts K-N. Generators of waste subject to the LDRs must provide notification of
         such to the designated TSD facility to ensure proper treatment prior to disposal.

         Used Oil Management Standards (40 CFR 279) impose management
         requirements affecting the storage, transportation, burning, processing, and re-refining
         of the used oil. For parties that merely generate used oil, regulations establish storage
         standards. For a party considered a used oil marketer (one who generates and  sells
         off-specification used oil directly to a used oil burner), additional tracking and
         paperwork requirements must be satisfied, including registration form EPA 8700-12.

         Containers (40 CFR 264 and 265, Subpart I; 40 CFR 261.7) are one of the most
         commonly used and diverse forms of hazardous waste storage. There are two  sets
         of regulations for containers: requirements that pertain to the management of
         hazardous waste containers (40 CFR 264/265, Subpart I) and the regulations
         governing residues of hazardous waste in empty containers (40 CFR 261.7).

         Tanks (40 CFR 265, Subpart J) are used widely for storage or accumulation of
         hazardous waste because they can accommodate huge volumes. Generators
         accumulating hazardous waste in tank systems are subject to the interim status
         provisions in 40 CFR 265, Subpart J.

         Emissions - Tanks and Containers (40 CFR 264 and 265, Subpart CC) used to
         store hazardous waste with a high volatile organic concentration must meet emission
         standards under RCRA. Regulations require generators to test the waste to
         determine the concentration of the waste, to satisfy tank and container emissions
         standards, and to inspect and monitor regulated units. These  regulations apply to all
         facilities that store such waste, including generators operating under the 90-day
         accumulation rule.
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         Storage Tanks - USTs (40 CFR 280) containing petroleum and hazardous
         substances are regulated under RCRA, Subtitle I.  Subtitle I regulations contain tank
         design and release detection requirements, as well as financial responsibility and
         corrective action standards for USTs.  The LIST program also establishes standards
         for upgrading existing tanks, that must be met by December 22, 1998.

         Note: Aboveground storage tanks (ASTs) may be used to store materials, such as
         vegetable oils, used in food processing. ASTs are regulated under the CWA and
         OPA. Refer to Section 4.0 How Do I Comply with Wastewater Discharge and Related
         Regulations? for more information on ASTs.

For more information, see:

         Section 8.0 How Do I Comply With the Hazardous Waste Regulations?
         40 CFR 260-299: Hazardous Waste Management
         Appendix A.6.  Summary of Principal Regulations Under the Resource Conservation
         and Recovery Act.

Examples  of RCRA Enforcement  Provisions and Penalties

General enforcement penalty information is presented below for the solid waste, hazardous
waste, and underground storage tank categories of RCRA regulations.  Civil penalty amounts
presented here also reflect the inflation adjustment authorized by Congress under the Debt
Collection Improvement Act of 1996 (see Section 2.11 for more information).

Solid  Waste

         Federal law does not establish specific penalties for civil or criminal violations of the
         solid waste program. Enforcement of the solid waste program relies on state law.

Hazardous Waste

Federal law for the hazardous waste management program has provisions for civil and criminal
penalties.

         Federal civil penalties:  Civil penalties may be  up to $27,500 per day of noncompliance
         per incident and the company's permit may be revoked.

         Federal criminal penalties:  The criminal penalties apply to individuals within a
         company and  are a maximum of two years (five years for specified violations)
         imprisonment  and a maximum penalty of $50,000 per day of noncompliance per
         incident.
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Underground  Storage Tanks

Failure to comply with LIST requirements may result in the following types of civil penalties:

        Federal civil penalties: Administrative penalties may be up to $11,000 per violation per
        tank per day of noncompliance. Failure to comply with an enforcement order can
        result in civil judicial penalties of up to $27,500 per day of noncompliance with the
        order.

See Section 2.11.2 Summary of Food Processing Cases in ECAARs from FY1991 -1997 for a
description of RCRA cases.
 Note: EPA's RCRA/UST, Superfund and EPCRA Hotline (1-800-424-9346 or 703-412-
 9810) provides information and distributes guidance regarding all RCRA regulations.
2.7   Comprehensive Environmental  Response,

        Compensation, And  Liability Act  (CERCLA)

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a
1980 law commonly known as Superfund, authorizes EPA to respond to releases, or threatened
releases, of hazardous substances that may endanger public health, welfare, or the
environment. SARA revised various sections of CERCLA, extended the taxing authority for
Superfund and creating a free-standing law, SARA Title III, also known as EPCRA (discussed in
Section 2.5).
Release Reporting. When there is a release of a CERCLA
hazardous substance in an amount equal to or in excess of a      reporting requirements
certain quantity for that substance, CERCLA requires the
person in charge of a vessel or facility to immediately notify the
                                                      CERCLA release
are discussed in more
detail in Section 7.0, 10.0,
National Response Center at 1 -800-424-8802 (40 CFR 302,     and /\ppencjjx & 5
CERCLA 103(a)). See Section 7.0 for more information on
EPCRA and CERCLA emergency release reporting
requirements.

Responses. EPA implements hazardous substance responses, known as remedial actions or
removals, according to procedures outlined in the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP) (40 CFR 300). While EPA generally takes remedial actions
only at National Priorities List (NPL) sites, both EPA and states can act at other sites. The
difference is that EPA can provide responsible parties the opportunity to conduct removal and
remedial actions and encourages community involvement throughout the Superfund response
process.

For more information, see:

        Section 7.0 How Do I Comply With the Emergency Planning and Community Right-to-
        Know Act Regulations?

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         Section 10.0 Other Major Environmental Statutes and Regulations: CERCLA, RCRA
         Subtitle D, FIFRA and TSCA
         40 CFR 300: National Oil and Hazardous Substances Pollution Contingency Plan
         40 CFR 302: Hazardous Substance Release Reporting Regulations
         Appendix A.5. Summary of Principal Regulations Under the Comprehensive
         Environmental Response, Compensation, and Liability Act


Examples  of CERCLA Enforcement  Provisions  and Penalties

Civil penalty amounts presented here also reflect the inflation adjustment authorized by
Congress under the Debt Collection Improvement Act of 1996 (see Section 2.11 for more
information).

         Federal civil penalties:  Civil penalties of up to $27,500 per day per violation for the first
         violation and a second violation can be as high as $82,000 per day.

         Federal criminal penalties: Persons in charge of a facility from which a hazardous
         substance is released and who violate CERCLAs notification requirements (i.e., fail to
         notify the required government agency or knowingly submit false information) are
         subject to penalties under Title 18 or imprisonment for up to three years, or both.
         Persons who knowingly fail to notify EPA of hazardous substance management
         activities are subject to penalties up to $10,000 or imprisonment for up to one year.
 Note: EPA's RCRA/UST, Superfund and EPCRA Hotline (1-800-424-9346 or 703-412-
 9810) provides information and references guidance pertaining to the Superfund
 program.
2.8    Toxic  Substances  Control Act  (TSCA)

Under TSCA, EPA collects data on chemicals in order to evaluate,             '
                                                                    .
assess, mitigate, and control risks which may be posed by their           requirements are
manufacture, processing, and use. TSCA provides a variety of       discussed inmore detail
control methods to prevent chemicals from posing unreasonable     m ^ectlon
risk, and the standards may apply at any point during a chemical's
life cycle. Drugs, cosmetics, foods, food additives, pesticides, and
nuclear materials are exempt from TSCA and are subject to control under other federal statutes
(e.g., foods and food additives are under the purview of the Federal Food, Drug and Cosmetics
Act (FFDCA) administered by the FDA.  In order for a food or food additive to be exempt,
however, it must meet the definition contained in the FFDCA (21 USC 321 et seq.), or related
statutes such as the Poultry Products Inspection Act and the Federal Meat Inspection Act. If the
food or food additive does not meet the definition, the substance may then be regulated under
TSCA and is subject to all the requirements of TSCA including testing, premanufacture notice,
reporting and recordkeeping, export notification, and import certification. For example, vegetable
oils and their derivatives from vegetable processing that are used as an ingredient in lubricants,
paints, inks, fuels, plastics, solvents and a variety of other industrial products are subject to all of
TSCAs requirements.
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                                       Food processors manufacturing substances,
                                       such as vegetable oil and animal fats, that are
                                       used for non-food purposes (e.g., in inks) must
                                       comply with the Inventory Update rule.
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Section 8 of TSCA authorizes EPA to require chemical manufacturers, importers, and
processors to keep records and report certain information.  This includes reporting as part of the
inventory update (Section 8(a)); maintaining and reporting allegations of signification adverse
reactions (Section 8(c)); reporting health and safety studies (Section 8(d)); and reporting
information on a substances presenting a substantial risk of injury to health or the environment
(Section 8(e).  Additional reporting requirements for exports and imports are found in TSCA
Sections 12 and 13, respectively.

The TSCA Chemical Substances
Inventory is a compilation of the names of
all existing chemical substances and
currently contains over 70,000 existing
chemicals. Information in the inventory is
updated every four years (Inventory
Update). If manufacturing or importing a
chemical substance that is not already on the inventory (and has not been excluded  by TSCA), a
facility must submit a premanufacture notice (PMN) prior to manufacture or importation (TSCA
Section 5).

For more information, see:

         Section 10.0 Other Major Environmental Statutes and Regulations: CERCLA, RCRA
         Subtitle D, FIFRA and TSCA
         40 CFR 704: Reporting and Recordkeeping Requirements
         40 CFR 707: Chemical Imports and Exports
         40 CFR 710: TSCA Chemical Inventory
         40 CFR 712: Chemical Information Rules
         40 CFR 716: Health and Safety Data Reporting
         40 CFR 717: Records and Reports of Allegations that Chemical Substances Cause
         Significant Adverse Reactions to Health or the Environment
         40 CFR 720: Premanufacture Notice
         40 CFR 723: Premanufacture Notification Exemptions
         40 CFR 721: Significant New Uses of Chemical Substances
         40 CFR 750: Procedures for Rulemaking Under Section 6 of TSCA
         40 CFR 790: Test Rule Development and Exemption  Procedures
         40 CFR 791: Data Reimbursement
         40 CFR 792: Good Laboratory Practice Standards.
Examples of TSCA Enforcement Provisions and Penalties

TSCA Section 11 gives EPA broad authority to inspect establishments which hold chemicals
and to subpoena information for enforcement of the Act. TSCA Sections 15, 16, and 17,
respectively, list prohibited acts, their attendant civil and criminal penalties, and the jurisdiction of
the federal district court for specific enforcement and seizure. Civil penalty amounts presented
here also reflect the inflation adjustment authorized by Congress under the Debt Collection
Improvement Act of 1996 (see Section 2.11 for more information).
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         Federal civil penalties: Civil penalties of up to $27,500 per day per violation.

         Federal criminal penalties: Criminal penalties may be up to $25,000 per day per
         violation and/or imprisonment for up to one year.
 Note: EPA's TSCA Assistance Information Service (202-554-1404) provides information
 and distributes guidance pertaining to TSCA standards.
2.9    Federal  Insecticide,  Fungicide,  and
         Rodenticide  Act  (FIFRA)
The Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) primarily regulates the manufacture and
registration of pesticides (40 CFR 152 and 156), but
important requirements also exist for pesticides users.       Section 10.3.
Pesticide handling requirements
are discussed in more detail in
FIFRA requires that all pesticides be registered for every
intended use, and that labels containing instructions for proper storage, use, and disposal
accompany each pesticide marketed. It is considered illegal to use a pesticide in a manner
inconsistent with its label. The "label is the law." Under FIFRA, pesticides must be classified for
either general use or restricted use. EPA classifies some pesticides as restricted use because
they have high toxicity or pose particular environmental hazards. Restricted use pesticides may
be applied only by certified pesticide applicators. Pesticide labels will state clearly whether a
particular pesticide is restricted use only. For pesticides that are not restricted use, food
processing facilities may purchase, store, apply, and dispose of the pesticides. Food
processors must comply with all FIFRA requirements relating to these activities.

Food  Quality Protection Act

The Food Quality Protection Act (FQPA), passed in  1996, was a
comprehensive overhaul of the laws that regulate pesticides in
food: FIFRA and the Federal Food, Drug and Cosmetics Act
(FFDCA).  The  new law amends both major pesticide laws to
establish a more consistent, protective regulatory scheme.  The
new FFDCA provisions include establishing a health-based safety standard for pesticide
residues in food; adding special  provisions for infants and children; placing limitations on benefits
considerations;  reviewing all existing tolerances within ten years; incorporating endocrine
testing; enhancing enforcement of pesticide residue standards by allowing the FDA to impose
civil penalties for tolerance violations; increasing right to know activities; and requiring uniformity
of tolerances among states (unless the state petitions EPA for an exception, based on
state-specific situations). The new FIFRA provisions include a  pesticide reregistration
program, pesticide registration renewal, registration of safer pesticides, minor use pesticide
program, and an antimicrobial pesticide program.
     FQPA requirements are
     discussed in more detail
     in Section 10.3.
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For more information, see:

        Section 10.0 Other Major Environmental Statutes and Regulations: CERCLA, RCRA
        Subtitle D, FIFRA and TSCA
        40CFR150: FIFRA
        40 CFR 165: Regulations for the Acceptance of Certain Pesticides and
        Recommended Procedures for the Disposal and Storage of Pesticides and
        Pesticides Containers.
Examples  of FIFRA Enforcement Provisions and Penalties

FIFRA. Civil penalty amounts presented here also reflect the inflation adjustment authorized by
Congress under the Debt Collection Improvement Act of 1996 (see Section 2.11 for more
information).

         Federal civil penalties: Commercial applicators may be fined up to $5,500 for each
         offense under FIFRA; private applicators may be fined $550 for the first offense and up
         to $1,000 for each subsequent offense.

         Federal criminal penalties: Commercial applicators may be fined up to $25,000 or up
         to one year in prison, or both, for knowing violations. Private applicators may be fined
         up to $1,000 or thirty days in prison, or both, for knowing violations.
 Note: EPA's National Pesticides Telecommunications Network (NPTN) at 1-800-858-
 7378 provides pesticide information.
2.10    Other  Federal Regulations

This subsection highlights two other environmental laws that may affect food processors,
particularly in construction projects for new facilities or modifications of existing facilities. These
include the Coastal Zone Management Act (CZMA) and the Endangered Species Act (ESA). You
should be aware of and comply with the requirements of these regulations as described below.
For purposes of this guide, additional information about these statutes is incorporated in Section
4.7.2. Construction and Plant Modification Activities.


2.10.1   Coastal  Zone Management  Act  (CZMA)

The CZMA, enacted in 1972 and administered by the National Oceanic and Atmospheric
Administration (NOAA), encourages states to preserve, protect, develop, and where possible,
restore or enhance valuable natural coastal resources such as wetland, floodplains, estuaries,
beaches, dunes, barrier islands, and coral reefs, as well as the fish and wildlife using those
habitats.

A unique feature of the CZMA is that participation by states is voluntary. The CZMA enables
states to develop programs and plans that meet their specific needs, within the context of their


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governmental structures. In addition, CZMA gives states the authority to review federal projects
and projects receiving federal licenses and permits to ensure they abide by state laws,
regulations, and policies. To encourage states to participate, the act makes federal financial
assistance available to any coastal state or territory, including those on the Great Lakes, that is
willing to develop and implement a comprehensive coastal management program (CMP). In
addition to resource protection, the CZMA specifies that coastal states may manage coastal
development. A state with an approved program can deny or restrict any development that is
inconsistent with its CMP.
                                                     States may add additional
                                                     requirements to NPDES storm
                                                     water permits in order to meet
                                                     coastal zone nonpoint pollution
                                                     control program goals.  See
                                                     Section 4.3 for more
                                                     information.
Under the 1990 CZMA Reauthorization Amendments,
states must issue management measures for certain
categories of runoff and erosion; evaluate nonpoint
sources; and identify coastal areas that would be affected
negatively by specified land uses.  The 1990
Amendments mandate each coastal state to implement a
Coastal Zone Nonpoint Pollution Control Program as part
of each state's CMP. For example, under the program,
pesticide application is subject to regulation if pesticide
runoff from nonpoint sources reaches coastal waters.
Consequently, food processors who use pesticides and live in coastal states should determine
whether their land is part of the coastal zone, or if their pesticide application violates their state's
applicable CMP.

The CZMA also was amended by the Coastal Zone Protection Act of 1996. This act amends the
CZMA to change allowable uses and match requirements for certain grant funds and to change
the process for consistency appeals.

For more information, see:

         Section 4.3 Am IA Direct Discharger?
         16 U.S.C. Sections 1451-1464
         15CFR921-932.


2.10.2   Endangered  Species Act  (ESA)
The Endangered Species Act (ESA), administered by the U.S.
Department of Interior's Fish and Wildlife Service (USFWS) and the
Department of Commerce's National Marine Fisheries Service
(NMFS), establishes a program for the conservation of endangered
and threatened species and the habitats in which they are found. The
ESA affords broad protection for species offish, wildlife, and plants
that are listed as endangered and threatened in the U.S. and
elsewhere.  Provisions are made for listing species, as well as for
recovery plans and the designation of critical habitat for listed
species. Anyone  can petition the USFWS to list a species.  The ESA strives to conserve
ecosystems both through federal action and by encouraging the establishment of state
programs.  State laws or regulations may be more, but not less, restrictive than the federal ESA
or its regulations.
                                                               ESA requirements
                                                               that may affect food
                                                               processors are
                                                               discussed in more
                                                               detail in Section
                                                               4.7.2.
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The term "take" includes harassing,
harming, hunting, killing, capturing,
and collecting.
                                  The ESA prohibits the taking, possession, import,
                                  export, sale, and transport of any listed fish or wildlife
                                  species. It also is unlawful to maliciously damage,
                                  destroy,  or remove from any area under federal
                                  jurisdiction, damage or remove from any other area in
                                  knowing violation of state law, import, export, or trade
any listed plant species.  These prohibitions do not apply to species legally held in captivity  or a
controlled environment. The USFWS or NMFS, by permit, also may allow a taking incidental to
an otherwise lawful activity if the applicant submits, and the USFWS or NMFS approves, a
conservation plan addressing the impact of the taking, mitigation measures, funding, and
alternative actions considered.

Persons engaged in, or planning to engage in, activities such as construction or plant
modification, must be aware if any endangered or threatened species exist on the property
involved or if the property is considered part of a listed species' critical habitat. If neither is the
case, the ESA does not apply. However, if the action will "take" a species or degrade critical
habitat, some form of mitigating action must be taken to prevent harming the species.

For more information, see:

        Section 4.7.2 Construction and Plant Modification Activities
        16 U.S.C. Sections 1531-1544
    ••   50 CFR  10, 13, 14, 17, and 23.


2.1  I     Summary  Of The  Enforcement  Process

            and Selected Cases


2.1  I.I   Overview of Enforcement

Some of the statute-specific enforcement authorities
that Congress gave EPA are described earlier in this
section.  To provide a context for those examples,
the following briefly describes the roles of EPA and
the states in environmental enforcement, particularly
under delegated or approved state programs, and the
general types of enforcement responses available to EPA. Citizen suit authority also is
discussed briefly.

Federal Government - Roles  of EPA and DO)

EPA leads the federal government's environmental enforcement efforts using the latest law
enforcement techniques and drawing upon the specialized abilities of other federal agencies.
EPA headquarters, located in Washington, D.C., includes the Office of Enforcement and
Compliance Assurance (OECA) which manages the Agency's enforcement and litigation
program. Ten EPA regional offices, located in cities such as Seattle, Atlanta, San Francisco,
and Philadelphia, conduct most of the day-to-day enforcement activities of the Agency. Where a

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                                              Environmental enforcement is a
                                              comprehensive program involving
                                              federal, state, and local governments.

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state has been approved by EPA to implement a program, the EPA regional office oversees the
state's performance to assure consistency with the federal law (see below). In unapproved
states, the EPA regional office administers the program.

OECA includes the National Enforcement Investigations Center (NEIC) in Denver, and a
Criminal Investigation Division (CID), headquartered in Washington, D.C., with field offices in the
ten EPA regions as well as other locations around the country.  NEIC provides technical support
for EPAs civil and criminal cases. CID is the only federal law enforcement agency created for
the purpose of investigating environmental crimes, although environmental crimes sometimes
are investigated by the FBI and other federal agencies.

The U.S. Department of Justice (DOJ) plays a crucial role in  EPAs enforcement activities.
When EPA wishes to prosecute a violator in the U.S. court system, EPA refers the case to DOJ.
DOJ attorneys, who specialize in environmental litigation, consider EPAs recommendations and
make the final decision of whether or not to file the case in federal court.  When the case goes to
court, DOJ represents EPA in court, though EPAs legal and  technical staff remain actively
involved in the case. Like EPA, DOJ has a field organization  - the U.S. Attorneys; however, its
civil environmental cases  are handled by mostly DOJ headquarters attorneys.

State  Government - Definition of Delegated or Approved

Programs

Virtually every federal environmental law allows state governments to develop programs for
implementing the federal law in their states. When a state submits a complete application and
EPA has determined that  the state program meets the federal requirements, EPA approves the
state program. Depending on which federal statute, such programs are called "delegated,"
"authorized," "approved" or "primacy" programs. After EPA approves a program, the state
applies the national standards and regulations by issuing and enforcing its own rules and
permits. Many of EPAs statutes allow Native American Tribal Governments to develop
programs for implementing the federal laws on Tribal lands, by means similar to  EPAs process
for delegating programs to states. As a matter of policy, EPA has extended this option to the
other statutes that do not explicitly provide for delegation to Native American Tribal
Governments. Hence, the potential exists to delegate to Native American Tribal Governments
any program that EPA may delegate to states.  In practice however, the number of Tribal
Governments with delegated responsibilities is small.  If you do operate a food processing facility
on Tribal lands, you  should check with the EPAs Regional Office and/or the Tribal Government
to learn whether EPA has approved any Tribal Government environmental programs.

Under this system of delegated or approved programs, state governments carry out the vast
majority of environmental  enforcement actions.  State governments conduct about 80-90
percent of the inspections and approximately 70 percent of the national total of the enforcement
actions taken by the delegated clean air, clean water, and hazardous waste programs.

Enforcement at the state level is carried out by a number of different agencies, including the
state environmental  agencies, state Attorney General, and district attorneys. State
environmental agencies usually have responsibility for permits, inspections, and certain types of
enforcement actions. In many instances, pesticide laws are  enforced by state Departments of
Agriculture. In some states, a single environmental agency handles all EPA programs, while in
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others, several agencies divide the responsibilities. States also may delegate some of the
activities to county or city governments, such as the local health department.

The state Attorney General is the chief law enforcement official for the state. The Attorney
General has responsibility for suing violators, at the request of state environmental agencies.
District attorneys also may have responsibility for suing violators, and typically they represent
municipalities. In some states, the District Attorney's approval is required for enforcement suits
to be filed by the state Attorney General.


State/Federal Enforcement Partnerships

EPA strives to work out an effective enforcement partnership with each state.  This is
accomplished by establishing state/EPA enforcement partnership agreements that cover
delegated programs and involve the appropriate state agencies. These agreements usually
define the characteristics of a good enforcement program using the same criteria by which EPA
judges its own performance.

The agreements also spell out the conditions under which EPA will step in and take enforcement
action in a delegated or an approved state program. Common circumstances for such a step
include the following:

         If the state requests federal action;
         If the state's enforcement response is not timely and appropriate (a set of criteria has
         been developed by EPA and the states for each major program);
         If the case involves national precedents; or
         If there is a violation of an EPA order or consent decree (settlement agreement).
Types of  Enforcement Responses
Enforcement actions are tools designed to discourage companies and individuals in the
regulated community from breaking the law, and to compel them to return to compliance when
they do break the law. EPA has a range of options when contemplating an enforcement
response against a violator.  These options differ from one law to another, and include the
following:

         Informal response. Administrative actions that are advisory in nature, such as a
         phone call, notice of noncompliance or a warning letter.  In these actions, EPA advises
         the manager of a facility what violation was found, what corrective action should be
         taken, and by what date. Informal responses carry no penalty or power to compel
         actions, but if they are ignored, they can lead to more severe actions.

         Formal administrative responses.  Legal orders that are independently enforceable
         and which may require the recipient to take some corrective or remedial action within
         a specified period of time, refrain from certain behavior, or be in future compliance.
         (Such an order may or may not have a penalty attached.) These administrative
         actions are strong enforcement tools.  If a person violates an order, EPA may go to
         U.S. federal court to force compliance. Administrative actions are handled under
         EPA's internal administrative litigation system, which is comparable to any court
         system except that administrative law judges (ALJs) preside.

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          Civil judicial responses. Formal lawsuits brought in U.S. federal court by DOJ at
          EPA's request.  They normally are used against the more serious or recalcitrant
          violators of environmental laws or to seek prompt correction of imminent hazards.
          Civil judicial cases generally result in penalties and court orders requiring correction of
          the violation and specific actions to prevent future violations.

          Criminal judicial responses. Response used when a person or company has
          knowingly violated the law. In a criminal case, DOJ prosecutes an alleged  violator in
          federal court, seeking criminal sanctions including fines and imprisonment. Criminal
          actions are often used to respond to flagrant, intentional disregard for environmental
          laws (such as operating secret by-pass pipes to discharge untreated wastewater and
          deliberate falsification of reports or records).

In many enforcement actions,  EPA seeks both a remedy and a penalty. The remedy includes
returning the violating facility to compliance and sometimes  other remedial actions, as described
below.

          Compliance. The violator will be required to comply with the law.  If the violation has
          not already been corrected, the violator usually is  placed under a court-ordered
          schedule,  with severe penalties for failure to comply with the order.

          Benefit projects. In some cases, the violator is permitted to carry out a supplemental
          environmental project (SEP) that will yield  environmental benefits.  These projects
          may partly offset the penalty and may mitigate the harmful effects of the violation.

          Penalties. The violator is required to pay  a cash  penalty (in criminal cases, a fine)
          that is not tax deductible. The penalty includes sanctions intended to deter the violator
          from falling into  noncompliance again and to deter others from similar violations.1

          Imprisonment.  In criminal cases, the violator may be sentenced to jail or  placed on
          probation.

          Contractor listing. A facility that has violated the CWA or CAA may be placed on
          EPA's List of Violating Facilities.  Listed facilities are not eligible to  receive federal
          contracts, grants, or loans from EPA or any other federal agency.  Facilities that
          commit criminal violations of other environmental  statutes are subject to possible
       1  Civil Monetary Penalty Inflation Adjustment Rule. This new rule (January 30, 1997) and the
associated policy modified all of EPA's existing civil penalty policies by increasing the gravity component for civil
monetary penalties by ten percent. EPA's action was based on the Debt Collection Improvement Act (DCIA) of
1996 that Congress enacted to restore the deterrent effect of federal civil penalties, eroded by  inflation over the
years.  The law requires each federal agency to adjust its civil monetary penalties in accordance with a specified
formula. EPA is required to review and adjust these amounts every four years.  EPA's Civil Monetary Penalty
Inflation Adjustment Rule, codified in 40 CFR 19, Adjustment of Civil Penalties for Inflation, increased all 65 of the
Agency's civil penalty provisions (with the exception of the 1996 Safe Drinking Water Act penalty provisions) by ten
percent — the maximum that Congress allowed for the first adjustment due to inflation.  EPA's Office of
Enforcement and Compliance Assurance (OECA) also issued a new penalty policy, Modification to EPA Penalty
Policies to Implement the Civil Monetary Penalty Inflation Rule (May 9,  1997) See 40 CFR 19.4, Table 1, for a
complete list of all EPA's civil monetary penalty authorities and amounts, or see the 1997 policy and related
materials on  OECA's home page at http//www.epa.gov/oeca/.


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         suspension and/or debarment from receiving or entering into EPA or other federal
         agency contracts.


Citizen Suit Provisions

The first citizen suit provision appeared in 1970, when Congress enacted the CAA.  Specifically,
this provision allowed citizens to sue polluters who violated certain requirements of the CAA and
to sue EPA if it failed to carry out a non-discretionary duty set forth in the Act.  Since that time,
Congress has incorporated citizen suit provisions into many, but not all, federal environmental
statutes. Although these provisions vary from statute to statute, such provisions generally allow
citizen groups or individuals to file actions in federal district court against a facility to correct
violations or collect fines and penalties.


2.1  1.2   Summary of  Food  Processing Cases  in

             ECAARs from  FY  199  I -1997

For the past several years, EPA has published annual reports, the Enforcement and Compliance
Assurance Accomplishments Reports (ECAARs), on the accomplishments of the
environmental enforcement and compliance assurance program. Although the organization of
these reports has changed over the years, each report contains narrative descriptions of
significant administrative, civil judicial and criminal cases that were either taken, developed,
and/or settled by EPA and the states.

Most of the cases in each report reflect those that have been concluded by some type of
settlement agreement, either administrative or civil judicial, or by court order.  In a few instances
the same case may appear in both an earlier and a later report, as it moves from the stage of
being filed to being concluded. The conclusion might be a consent agreement that was
negotiated over more than one year or a court order following a trial.  In a criminal case, the
sentencing of a convicted defendant(s) may be reported in the next year's report.  Because the
same case may appear in more than one report, a small amount of double counting results.

This summary is based on 78 cases selected from all cases described in the ECAARs for fiscal
years (FYs)1991-1997. These cases were chosen on the basis of the facility name, description
of the type of business operation, or, in some instances, on the listed SIC Code. It's important to
note that the cases described in each report do not necessarily reflect all of the cases
affecting food processors in that particular fiscal  year.

CWA Cases.  More than one third of all the 78 ECAAR-reported cases over the seven year
period involved violations under the CWA.  Examples of violations include the following:
exceeding NPDES discharge limits (BOD, TSS, temperature, pH, phosphorus, oil and grease);
exceeding indirect discharge limits (BOD, ammonia); interference and pass through at a POTW;
and illegal discharges to surface waters (beer, ammonia, blood wastes; groundwater
contaminated with solvents). These cases resulted in civil penalties ranging from a low of
$14,000 to a high of $12.6 million.

Several cases involved criminal acts, including the following: conspiracy to violate the CWA;
falsifying discharge monitoring reports (DMRs) sent to EPA or the state; negligently or knowingly


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discharging pollutants without a permit; operating a secret by-pass that resulted in discharge of
untreated wastewater; and other acts. These cases resulted in criminal fines for the companies
and/or the individuals involved.  In addition, convicted individuals were sentenced either to
incarceration in federal prison followed by a term of supervised release, or to a combination of
in-home incarceration and community service.

CAA Cases. About one sixth of the 78 ECAAR-reported cases in the seven year period involved
violations of the CAA.  Examples of violations include: exceeding limits on boiler emissions
(particulates); opacity; exceeding limits on volatile organic compound (VOC) emissions
(ethanol); asbestos demolition and removal; prevention of significant deterioration (PSD)
violations such as constructing of a major source without a permit; and violations of NSPS
requirements. These cases resulted in civil penalties ranging from a low of $30,000 (opacity
violations) to a high of $385,000 (VOC violations).

One criminal case involved illegal removal and release of asbestos to the air and resulted in a
$350,000 fine for a food processor.

EPCRA Cases. Slightly less than one third of the 78 ECAAR-reported cases involved violations
of EPCRA.  On average, two cases were reported each fiscal year, until the FY 1997 EPCRA
Section 312 Food Processing Sector Initiative which resulted in ten cases.  Examples of
violations include: failure to submit TRI Form Rs (ammonia, sulfuric acid, hydrochloric acid,
and/or carbon dioxide); failure to submit material safety data sheets (MSDSs) to LEPCs; failure
to submit Tier I/Tier II forms; and failure to report emergency releases of anhydrous ammonia to
state and local authorities. Failure to report these  same release to EPA was a violation of
CERCLA. Therefore, several companies had violations under both EPCRA and CERCLA.

Penalties in the EPCRA cases ranged from a low of $2,000 (under the FY 1997 EPCRA Section
312 Food Processing Sector Initiative) to a high of about $73,000. The penalties in the combined
EPCRA/CERCLA cases ranged from a low of $41,000 to a high of $180,830.

RCRA Cases.  Only four of the 78 ECAAR-reported cases in the seven year period involved
RCRA. Examples of violations include: violation of the used oil requirements; failure to make a
hazardous waste determination; and accumulating hazardous waste onsite in excess of 90
days.  Penalties in these cases ranged from $250,000 to $700,000.
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                                   NOTICE
   This document provides guidance to assist regulated entities to understand their
   obligations under environmental laws; however, for a complete understanding of all legal
   requirements, the reader must refer to applicable federal and state statutes and
   regulations. This guide is a compliance assistance tool only, and it neither changes nor
   replaces any applicable legal requirements, nor does it create any rights or benefits for
   anyone. This guide also describes in a summary fashion the roles and activities of federal
   and state agencies; however, the guidance does not limit their otherwise lawful
   prerogatives, and the agencies may act at variance with it, based on specific
   circumstances. This guidance may be revised without prior notice.  Mention of trade
   names or commercial products in this document, or in associated references, does not
   constitute an endorsement or recommendation for use.
Notice                                                                     March 1999

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          PREFACE AND ACKNOWLEDGMENTS


Preface

As part of its mission to communicate environmental regulatory responsibilities to business and
industry, the U.S. Environmental Protection Agency's Office of Compliance (OC) has prepared
this guide to the major federal environmental statutes and regulations that may affect food
processors. The guide provides an overview of the major requirements that the U.S. EPA
administers. Appendices A, B and C, respectively, contain portions of the Code of Federal
Regulations (CFR) in an easy to understand format, provide organizations and hotline resources
for compliance assistance, and  list numerous references used in developing this guide. The
guide also contains general information about pollution prevention that may enable your facility to
go beyond compliance by achieving greater reductions in emissions and/or wastes.

The target audience for the guide is the plant-level manager and/or staff responsible for
environmental compliance at a facility.  Others who may find value in this guide include the
following: environmental managers at the corporate level; state and local compliance assistance
programs; trade associations; and environmental consultants to the industry.  Federal, state,
and local regulators and/or compliance inspectors may also find this guide to be useful in
offering a broad perspective on  U.S. EPAs requirements and the food processing industry.
Acknowledgments
The Chemical, Commercial Services and Municipal Division (CCSMD) of OC received
assistance from the following groups in planning and developing this guide. Representatives of
the American Frozen Food Institute (AFFI), the American Meat Institute (AMI) and the National
Food Processors Association (NFPA) supported this project, and offered informed judgments
about its structure and contents. The Food Industry Environmental Council (FIEC), an
organization of trade associations and companies, provided valuable assistance by securing
plant-level review and comment on an early draft, and by coordinating review of the draft final
guide among its entire membership.

Project Manager:   Ms. Rebecca A. (Becky) Barclay      Contract Support: SAIC, Dunn Loring, VA
                U.S. EPA, Office of Compliance      Contract #: 68-C4-0072
                Washington, D.C.                 Work Assignment*: EC-3-7 (OC)
E-mail address:    barclay.rebecca@epamail.epa.gov     WAM:  Ms. Joletta Humpert,
Telephone:        (202) 564-7063                   Environmental Scientist
CCSMD Web site:  http://es.epa.gov/oeca/ccsmd/.
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                      TABLE  OF  CONTENTS


1.   The Guide: What it Is; What it Does	1-1
    1.1  Why an Environmental Compliance Guide for Food Processors	1-1
    1.2   How to Use This Guide	1-1
    1.3  Tools That Encourage Environmental Compliance  	1-3
        1.3.1   Compliance Incentives and Policies 	1-3
        1.3.2   Environmental Management Systems 	1-5
    1.4  Brief Overview of the Food Processing Industry	1-6
    1.5  Cost Effective Compliance and Pollution Prevention Techniques  	1-10

2.   Guide to EPA's Major Environmental Statutes	2-1
    2.1  Introduction 	2-1
    2.2  Clean Water Act (CWA) and Oil Pollution Act (OPA)	2-1
    2.3  Safe Drinking  Water Act (SDWA)  	2-6
    2.4  Clean Air Act (CAA)	2-8
    2.5  Emergency Planning And  Community Right-To-Know Act (EPCRA)  	2-11
    2.6  Resource Conservation and Recovery Act (RCRA)	2-13
    2.7  Comprehensive Environmental Response, Compensation, And Liability Act
        (CERCLA)  	2-16
    2.8  Toxic Substances Control  Act (TSCA) 	2-17
    2.9  Federal Insecticide, Fungicide, and Rodenticide Act(FIFRA)	2-19
    2.10 Other Federal  Regulations 	2-20
        2.10.1  Coastal Zone  Management Act (CZMA) 	2-20
        2.10.2 Endangered Species Act (ESA)  	2-21
    2.11 Summary Of The Enforcement Process and Selected Cases  	2-22
        2.11.1  Overview of Enforcement	2-22
        2.11.2 Summary of Food  Processing Cases in ECAARsfrom  FY 1991-1997 . . . 2-26

3.   Understanding the Process: Inputs, Outputs, and Applicable Federal Environmental
    Regulations	3-1
    3.1  Introduction 	3-1
    3.2  Examining Process and Ancillary Operations	3-1
        3.2.1   Inputs	3-2
        3.2.2   Overview of Outputs and Applicable Statutes	3-5
    3.3  Conducting a Waste Analysis	3-7
        3.3.1   Example Waste Analysis For  SIC 203 Facility  	3-7
        3.3.2   Completing a Waste Analysis For Your Facility  	3-9

4.   How Do I Comply with Wastewater Discharge and Related Regulations?	4-1
    4.1  Introduction 	4-1
    4.2  Wastewater Generated  During Food  Processing Operations 	4-2
    4.3  Am I a Direct Discharger?	4-2
        4.3.1   Direct  Dischargers to Surface Waters	4-3
        4.3.2   Storm  Water Dischargers	4-5
    4.4  Am I an Indirect Discharger?	4-15
        4.4.1   Pretreatment  Requirements  	4-16
        4.4.2   Calculating Your Surcharge	4-20
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             Table of Contents  (continued)

    4.5   How Do I Dispose of Industrial Sludge? 	4-21
    4.6   How Do I Comply With Oil Pollution Prevention Regulation Requirements?	4-22
         4.6.1   Introduction and Background 	4-22
         4.6.2   SPCC Requirements	4-24
         4.6.3   Facility Response Plans (FRPs)	4-28
         4.6.4   Oil Spill Notification and Response	4-35
    4.7   Compliance Issues For Selected Activities  	4-38
         4.7.1   Land Application of Wastewater	4-38
         4.7.2   Construction or Plant Modification Activities  	4-39

5.   How Do I Comply With Safe Drinking Water Regulations?	5-1
    5.1   Introduction  	5-1
    5.2   How Does the Program Work?	5-2
    5.3   How Do I Know If I Am Regulated?	5-2
    5.4   What Are The National Drinking Water Regulations?	5-3
         5.4.1   National Primary Drinking Water Regulations	5-3
         5.4.2   National Secondary Drinking Water Regulations  	5-6
    5.5   Underground Injection Control (UIC) Requirements  	5-6

6.   How Do I Comply With Air Regulations?	6-1
    6.1   Introduction  	6-1
    6.2   What is the Clean Air Act?	6-1
    6.3   What Are My Air Emissions and How Do I Manage Them?	6-4
         6.3.1   Identifying and Quantifying Air Emissions	6-4
         6.3.2   Determining Whether Your Facility Meets  Federal Regulations	6-7
         6.3.3   Air Pollution Permits  	6-8
    6.4   Risk Management Planning	6-11
    6.5   Air Compliance Issues for Selected Operations	6-14
         6.5.1   Boilers or Steam Generating Units 	6-14
         6.5.2   Air Conditioners/Refrigeration Service and Disposal: Ammonia and
               CFCs	6-17
         6.5.3   Building Renovation/Demolition: Asbestos 	6-19
         6.5.4   Odor Emissions	6-20

7.   How Do I Comply With The Emergency  Planning and Community Right-to-Know Act
    Regulations?	7-1
    7.1   Introduction  	7-1
    7.2   Emergency Planning	7-3
    7.3   Emergency Release Notification	7-4
    7.4   Hazardous Chemical Inventory And Reporting	7-7
    7.5   Toxic Chemical Release Reporting - Section 313  	7-10
         7.5.1   EPCRA Section 313 Reporting Guidance for Food Processors  	7-10
         7.5.2   EPCRA Section 313 Reporting Requirements	7-11
         7.5.3   How to Estimate Releases  and/or Other Waste Management Amounts .. 7-19
         7.5.4   EPCRA Section 313 Recordkeeping	7-20
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             Table  of Contents (continued)


8.   How Do I Comply With the Hazardous Waste Regulations?	8-1
    8.1  Introduction  	8-1
    8.2  What is Hazardous Waste? 	8-1
        8.2.1  Solid Waste	8-2
        8.2.2  Hazardous Waste	8-3
        8.2.3  Universal Waste  	8-5
    8.3  Are My Wastes Hazardous?	8-6
    8.4  What is My Hazardous Waste Generator Category?	8-7
    8.5  Compliance Requirements for CESQGs 	8-9
    8.6  Compliance Requirements for SQGs and LQGs	8-10
    8.7  Underground Storage Tanks (USTs)	8-22
    8.8  Used Oil Management Standards	8-25
    8.9  Good Environmental  Management Practices 	8-26
        8.9.1  How to Select a Hazardous Waste Transporter and Waste
              Disposal/Treatment Facility	8-26
        8.9.2  Disposing of Hazardous Waste Onsite	8-27
        8.9.3  Good Housekeeping 	8-27

9.   How Do I Comply With Spill Or Chemical Release Requirements?	9-1
    9.1  Introduction  	9-1
    9.2  Emergency Planning and Reporting Requirements 	9-3
        9.2.1  EPCRA Emergency Planning  and Reporting - Other Than Section 313 ... 9-4
        9.2.2  EPCRA Toxic Chemical Release Reporting - Section 313 	9-6
        9.2.3  Oil Spill Prevention Plans (SPCC) and Response Plans (FRPs)  	9-7
        9.2.4  CAA Risk Management Planning	9-9
        9.2.5  RCRA Contingency Plans	9-10
    9.3  Notification And Response Requirements  	9-10
        9.3.1  EPCRA 304/CERCLA Section 103 Notification Requirements  	9-12
        9.3.2  CWA/OPA Notification Requirements	9-13
        9.3.3  RCRA Emergency Response Requirements	9-16
        9.3.4  RCRA UST Emergency Response Requirements	9-17
    9.4  Summary	9-18

10.  Other Major Environmental Statutes and Regulations: CERCLA, RCRA
    Subtitle D, FIFRA and TSCA 	10-1
    10.1 Comprehensive Environmental Response, Compensation, and Liability Act	10-1
    10.2 Subtitle D of the Resource Conservation and Recovery Act	10-2
    10.3 Federal Insecticide, Fungicide, and Rodenticide Act 	10-3
        10.3.1 Use of Pesticides in the Food Processing Industry 	10-3
        10.3.2 Food Quality Protection Act	10-6
    10.4 Toxic Substances Control Act	10-7
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             Table  of Contents (continued)


11.  Pollution Prevention Techniques 	11-1
    11.1 Introduction  	11-1
    11.2 What Pollution Prevention Techniques Can I Use?  	11-2
    11.3 Pollution Prevention Techniques for the Food Processing Industry	11-4
        11.3.1 Techniques for Process/Equipment Modification	11-4
        11.3.2 Techniques for Operational and Housekeeping Changes  	11-7
        11.3.3 Techniques for Recycling/Reuse 	11-11
        11.3.4 Techniques for Material Substitution and Elimination	11-14
    11.4 Voluntary Programs	11-15
        11.4.1 EPA Programs	11-16
        11.4.2 Trade Association/Industry Programs	11-19

Appendix A    Summary of Major Regulations from the CFR	A-1
Appendix A. 1   Summary of Principal Regulations Under the Clean Water Act	A1-1
Appendix A.2  Summary of Principal Regulations Under the Safe Drinking Water Act. . . . A2-1
Appendix A.3  Summary of Principal Regulations Under the Clean Air Act	A3-1
Appendix A.4  Summary of Principal Regulations Under the Emergency Planning
             And Community Right-to-Know Act (EPCRA) 	A4-1
Appendix A.5  Summary of Principal Regulations Under the Comprehensive
             Environmental Response, Liability, and Compensation Act (CERCLA)  . . . A5-1
Appendix A.6  Summary of Principal Regulations Under the Resource
             Conservation and Recovery Act	A6-1
Appendix A.7  Proposed and Pending Regulations	A7-1

Appendix B    Resources	B-1


Appendix C    References 	C-1
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                           LIST  OF TABLES
Table 1-1.     SIC and NAICS Codes for the Food Processing Industry	1-7

Table 3-1.     Types of SIC 203 Facilities  	3-7
Table 3-2.     Waste Analysis for SIC Code 203 Facility	3-10
Table 3-3.     Waste Analysis Worksheet	3-12

Table 4-1.     Reporting Requirements for All NPDES Permit Holders	4-4
Table 4-2.     Eligibility, Deadlines, and Expiration of General and Individual Permits
             for Food Processing Facilities	4-9
Table 4-3.     SWPPP Requirements for General and Individual Permits
             for Food Processing Facilities	4-11
Table 4-4.     General Storm Water BMPs Required for Permit
             Holders in SIC Code 20	4-13
Table 4-5.     Monitoring Requirements for All Food Processors  	4-14
Table 4-6     Additional Monitoring Requirements for Specific
             Food Processing Operations	4-15
Table 4-7.     Reporting Requirements for All Indirect Dischargers  	4-19

Table 6-1.     Major Source Emission Rate Thresholds in Nonattainment Areas	6-8
Table 6-2.     Federal Emission Standards for NOx (Emission limits for SO2 and PM
             can be found in 40 CFR 60,  Subparts D, Db, and DC.)	6-16

Table 7-1.     Guide to Substances Subject to EPCRA	7-2
Table 7.2.     SIC Codes Covered by EPCRA Section 313 Reporting	7-14
Table 7-3.     EPCRA Section 313 Chemicals Commonly Encountered in Food
             Processing	7-15
Table 7-4.     Activity Categories 	7-17
Table 7-5.     EPCRA Section 313 Reporting Activities/Thresholds	7-18

Table 8-1.     Federal Categories of Hazardous Waste Generators
             and Storage Time Limits Allowed  	8-9
Table 8-2.     Summary of Federal Hazardous Waste Generator Requirements	8-11
Table 8-3.     Contingency Plan Requirements for LQGs and SQGs	8-20

Table 9-1.     Terms for Regulated Materials Under Various Statutes  	9-2
Table 9-2.     Major Federal Regulations With Planning and Reporting Requirements  	9-3
Table 9-3.     Summary of EPCRA Regulatory Criteria	9-4
Table 9-4.     EPCRA Section 313 Activity Categories/Reporting Thresholds  	9-7
Table 9-5.     Major EPA Regulations that Address Notification
             and Response Requirements  	9-10
Table 9-6.     Notification and Response Requirements	9-11

Table 11-1.    Overview of Pollution Prevention Techniques	11-3
Table 11-2.    Comparison of the Average Liquid Effluent for Caustic
             and Dry Peeling Operations (Del Monte Demonstration Project)	11-5
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                          LIST  OF FIGURES

Figure 1-1.    Food and Kindred Products (SIC 20): Distribution of Establishments
            intheU.S	1-9

Figure 3-1 a.  Generic Process Map with Examples of Regulated Outputs 	3-3
Figure 3-1 b.  Selected Ancillary Operations with Examples of Regulated Outputs 	3-4
Figure 3-2.    Process Waste Analysis for a SIC 203 Facility	3-8
Figure 3-3.    Process Waste Analysis Worksheet	3-11

Figure 4-1.    Determination of Response Plan Applicability	4-29
Figure 4-2.    Flowchart of Criteria for Substantial  Harm 	4-31

Figure 7-1.    EPCRA Section 313 Reporting Decision Diagram  	7-13
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                             ACRONYMS
ABC
ACP
AFFI
AFO
AHERA
ALJ
AMI
AO
AST
BACT
BIFs
BOD
BMP
CAA
CAAA
CAM
CCSMB
CDC
CEPPO
CERCLA

CESQG
CFC
CFR
CH4
CID
CMP
CO
COD
CWA
CZMA
DMR
DOE
DOI
DOJ
DOT
ECAAR
ECOS
EHS
ELP
EMS
EPCRA
EPA
ERNS
ESA
FBI
FDA
Activity-Based Costing
Area Contingency Plan
American Frozen Food Institute
Animal Feeding Operation
Asbestos Hazard Emergency Response Act
Administrative Law Judge
American Meat Institute
Administrative Order
Aboveground Storage Tank
Best Available Control Technology
Boilers and Industrial Furnaces
Biochemical Oxygen Demand
Best Management Practice
Clean Air Act
Clean Air Act Amendments
Compliance Assurance Monitoring
Chemical, Commercial Services, and Municipal Branch
Center for Disease Control
Chemical Emergency Preparedness and Prevention Office
Comprehensive  Environmental Response, Compensation,
and Liability Act
Conditionally Exempt Small Quantity Generator
Chlorofluorocarbon
Code of Federal  Regulation
Methane
Criminal Investigation Division
Coastal Management Program
Carbon Monoxide
Chemical Oxygen Demand
Clean Water Act
Coastal Zone Management Act
Discharge Monitoring Report
Department of Energy
Department of the Interior
Department of Justice
Department of Transportation
Enforcement and Compliance Assurance Accomplishments Report
Environmental Council of the States
Extremely Hazardous Substance
Environmental Leadership Program
Environmental Management System
Emergency Planning and Community Right-to-Know Act
U.S. Environmental Protection Agency
Emergency Response Notification System
Endangered Species Act
Federal Bureau of Investigations
Food and Drug Administration
Acronyms
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FEPCA
FESOP
FFDCA
FIEC
FIFRA
FMC
FQPA
FRP
FSIS
FWPCA
FY
HACCP
HAP
HAZWOPER
HCFC
HCS
HSWA
ICCR
ID
ISO
LAER
LDR
LEPC
LQG
MACT
MCL
MCLG
MEK
MSDS
MSGP
N2O
NAAQS
NAICS
NCP
NEIC
NESHAP
NFPA
NICE3

NMFS
NOx
NO2
NOAA
NOI
NPDES
NPDWR
NPL
NPTN
NRC
NSDWR
NSPS
Federal Environmental Pesticide Control Act
Federally Enforceable State Operating Permit
Federal Food, Drug and Cosmetic Act
Food Industry Environmental Council
Federal Insecticide, Fungicide, and Rodenticide Act
Food Manufacturing Coalition
Food Quality Protection Act
Facility Response Plan
Food Safety Inspection Service
Federal Water Pollution Control Act
Fiscal Year
Hazard Analysis and Critical Control Point
Hazardous Air Pollutant
Hazardous Waste Operations and Emergency Response
Hydrochlorofluorocarbon
Hazard Communication Standard
Hazardous Solid Waste Amendments
Industrial Combustion Coordinated Rulemaking
Identification Number
International Organization of Standardization
Lowest Achievable Emission Rate
Land Disposal Restriction
Local Emergency Planning Committee
Large Quantity Generator
Maximum Achievable Control Technology
Maximum Contaminant Level
Maximum Contaminant Level Goal
Methyl Ethyl Ketone
Material Safety Data Sheet
Multi-Sector General Permit
Nitrous Oxide
National Ambient Air Quality Standard
North American Industrial Classification System
National  Oil and Hazardous Substances Pollution Contingency Plan
National  Enforcement Investigations Center
National  Emissions Standards for Hazardous Air Pollutants
National  Food Processors Association
National  Industrial Competitiveness through Energy, Environment, and
Economics
National  Marine Fisheries Service
Nitrogen Oxide
Nitrogen Dioxide
National  Oceanic and Atmospheric Administration
Notice of Inspection
National  Pollutant Discharge Elimination System
National  Primary Drinking Water Regulation
National  Priority List
Pesticides Telecommunications Network
National  Response Center
National  Secondary Drinking Water Regulation
New Source Performance Standard
Acronyms
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NSR
NTIS
OC
OECA
O&G
OPA
OPC
OPP
OPPT
OSC
OSHA
OTAG
P2
Pb
PCB
PCS
PESP
PM
PMN
POTW
PREP
PSD
PSM
PTI
PWS
PWSS
RA
RACT
RCRA
RMP
RQ
RUP
SARA
SDWA
SEP
SERC
SIC
SIP
SNAP
SOx
SO2
SPCC
SQG
SRF
SWPPP
SWTR
tpy
TCLP
TKN
TOC
TPQ
New Source Review
National Technical Information Service
Office of Compliance
Office of Environmental Compliance and Assurance
Oil and Grease
Oil Pollution Act
Oil Program Center
Office of Pesticide Programs
Office of Prevention, Pesticides, and Toxics
On-Scene Coordinator
Occupational Safety and Health Administration
Ozone Transport Assessment Group
Pollution Prevention
Lead
Polychlorinated biphenyl
Permit Compliance System
Pesticide Environmental Stewardship Program
Particulate Matter
Premanufacture Notice
Publicly Owned Treatment Work
National Preparedness for Response Exercise Program
Prevention of Significant Deterioration
Process Safety Management
Perm it to Install
Public Water System
Public Water Supply Supervision
Regional Administrator
Reasonably Available Control Technology
Resource Conservation and Recovery Act
Risk Management Plan
Reportable Quantity
Restricted Use Pesticide
Superfund Amendments and Reauthorization Act
Safe Drinking Water Act
Supplemental Environmental Project
State Emergency Response Commission
Standard Industrial Classification
State Implementation Plan
Significant New Alternatives Policy
Sulfur Oxide
Sulfur Dioxide
Spill Prevention, Control and Countermeasure
Small Quantity Generator
State Revolving Fund
Storm Water Pollution Prevention Plan
Surface Water Treatment Rule
Tons per year
Toxicity Characteristic Leaching Procedure
Total Kjeldahl Nitrogen
Total Organic Carbon
Threshold Planning Quantity
Acronyms
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TRI
TSCA
TSD
TSS
TT
TIN
UIC
USCG
US DA
USDHHS
USDW
USFWS
UST
VOC
WPS
Toxic Release Inventory
Toxic Substances Control Act
Treatment, Storage, and  Disposal facility
Total Suspended Solids
Treatment Technique
Technology Transfer Network
Underground Injection Control
U.S. Coast Guard
U.S. Department of Agriculture
U.S. Department of Human and Health Services
Underground Source of Drinking Water
U.S. Fish and Wildlife Service
Underground Storage Tank
Volatile Organic Compound
Worker Protection Standard
Acronyms
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                     SECTION  3 CONTENTS

3.   Understanding the Process: Inputs, Outputs, and Applicable Federal Environmental
    Regulations	3-1
    3.1   Introduction  	3-1
    3.2   Examining Process and Ancillary Operations	3-1
         3.2.1  Inputs	3-2
         3.2.2  Overview of Outputs and Applicable Statutes	3-5
    3.3   Conducting a Waste Analysis	3-7
         3.3.1  Example Waste Analysis For SIC 203 Facility 	3-7
         3.3.2  Completing a Waste Analysis For Your Facility 	3-9
Table 3-1.   Types of SIC 203 Facilities	3-7
Table 3-2.   Waste Analysis for SIC Code 203 Facility 	3-10
Table 3-3.   Waste Analysis Worksheet	3-12
Figure 3-1 a.  Generic Process Map with Examples of Regulated Outputs 	3-3
Figure 3-1 b.  Selected Ancillary Operations with Examples of Regulated Outputs	3-4
Figure 3-2.    Process Waste Analysis for a SIC 203 Facility	3-8
Figure 3-3.    Process Waste Analysis Worksheet 	3-11
Understanding the Process:
Inputs, Outputs, and Applicable
Federal Environmental Regulations              3-i                              March 1999

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        3.   UNDERSTANDING THE PROCESS:
 INPUTS,  OUTPUTS, AND APPLICABLE FEDERAL
           ENVIRONMENTAL REGULATIONS

3.1    Introduction
The section provides you with an
approach for analyzing your facility's
operations to identify the wastes
generated and how those wastes are
regulated.
Remember that this guide discusses the most
significant, but not all, of the federal environmental
requirements that apply to your food processing
facility. State and local requirements are not
addressed.
First, this section leads you through
an examination of the activities at a
typical food processing facility, including process and ancillary operations. It will (1) describe the
inputs and the waste outputs generated during process and ancillary operations, and (2) identify
the federal environmental requirements associated with the waste outputs. To help you
visualize the steps, this section includes figures (generic Figures 3-1 a and 3-1 b) that show
typical process and ancillary operations for the food processing industry, and their inputs and
regulated waste outputs.

After reviewing this generic model of a food processing operation, the next example will show
you a process map (Figure 3-2) for a facility in Standard Industrial Classification (SIC) Code 203,
including typical inputs, regulated outputs, and the applicable environmental statute.

The final part of this section provides you with an opportunity to examine your facility's process
and ancillary operations, identify inputs and waste outputs, and determine how they are
regulated. A blank waste analysis process map (Figure 3-3) and a blank waste analysis table
(Table 3-3) are provided to help you in this activity.


3.2  Examining Process  and Ancillary

       Operations

The process map of your food processing operation, as well as your ancillary operations, are
most likely very similar to those shown in the following figures:

    Figure 3-1 a. Generic Process Map With Examples of Regulated Outputs
    Figure 3-1 b. Selected Ancillary Operations with Examples of Regulated Outputs.
Understanding the Process:
Inputs, Outputs, and Applicable
Federal Environmental Regulations
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As shown in these figures, you will find that your process and ancillary operations are comprised
of various inputs and associated outputs of waste.  Inputs, which can range from raw ingredients
to hazardous materials (see Section 3.2.1), and waste outputs vary greatly depending on type(s)
of food products being produced. The applicable environmental statute for each type of waste
output is indicated in parentheses on generic Figures 3-1 a and 3-1 b.  Sections 3.2.1 and 3.2.2,
respectively, discuss inputs and outputs in greater detail.
3.2.1     Inputs
As shown in generic Figures 3-1 a and 3-1 b, inputs go into every step of the process and
ancillary operations.  Inputs can consist of a variety of materials, including raw products,
chemicals, water, paper, ink, steam, etc. The inputs to each operation will vary depending on
the type of facility and product(s) being produced.

Hazardous Materials. To meet your input needs, your food processing facility may store and
use many types of hazardous or toxic materials in your daily operations including, but not limited
to, oils, chemicals, paints, pesticides, and fuels.  Many of these materials may be regulated
because of their hazardous or toxic nature.  Please note that the term "materials" is not an EPA
regulatory term, but a broad term selected for purposes of this discussion.

EPA and other federal regulations use various terms to denote hazardous or toxic materials.
Examples of several terms used to denote these types of materials include the following:

         EPA refers to regulated materials by terms such as "hazardous substances" and
         "extremely hazardous substances" under the Emergency Planning and Community
         Right-to-Know Act (EPCRA) and the Comprehensive Environmental Response,
         Compensation, and Liability Act (CERCLA). Lists of these substances can be found
         in the EPCRA/CERCLA regulations at 40 CFR 302, Table 302.4 and 355, respectively.
         Such regulated materials do not have to be waste outputs to be covered  under these
         regulations. In fact, such materials may be inputs to your process or ancillary
         operations.

         A "hazardous material" is defined by the U.S. Department of Transportation (DOT) as
         a substance or material...capable of posing an unreasonable risk to health, safety, and
         property when transported in commerce, and which has been so designated. For
         DOT, this term includes hazardous and extremely hazardous substances as defined
         in CERCLA/EPCRA, hazardous wastes as defined in Resource Conservation and
         Recovery Act (RCRA), marine pollutants, and elevated temperature materials.

For some types of hazardous or toxic materials, EPA regulates  storage and how you are to
report your use of them. The typical practices for storage and handling of hazardous materials
are designed to prevent the following: exposure to individuals, releases to the environment, and
mixing (which could cause explosions, fire, or unwanted chemical reactions and  releases). See
Section 9.0 How Do I  Comply With Spill or Chemical Release Requirements? for a multimedia
overview of requirements, or, for more specific detail, see each statute-specific section
(Sections 4.0 through  10.0).
Understanding the Process:
Inputs, Outputs, and Applicable
Federal Environmental Regulations               3-2                                March 1999

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   Figure 3-1 a.  Generic Process Map with  Examples of Regulated Outputs
                                 Raw Ingredient Materials
       Inputs1
                                       Storage
                                      Receiving
                                         and
                                      Preparation
Processing
  and
  Filling
                                      Packaging
                                         and
                                       Printing
                                       Storage
                                         and
                                      Distribution
                                        T
                     ;torm Water (CWA2)

                    •Air Emissions (CAA3)

                      olid Wastes (RCRA Subtitle D1)

                      ils (petroleum and non-petroleum) (OPA)
                    >-Air Emissions (CAA3)

                    »-Solid Wastes (RCRA Subtitle D1)

                    MA/astewater (CWA 2)

                    »-Storm Water (CWA2)
»Air Emissions (CAA3)

>-Wastewater (CWA 2)

*Solid Wastes (RCRA Subtitle D1)
                    >Air Emissions (CAA3)

                    *Solid Wastes (RCRA Subtitle D*)

                    ^-Hazardous Wastes (RCRA 5)
                    ••Stormwater (CWA2)

                    >-Air Emissions (CAA3)

                    ••Solid Wastes (RCRA Subtitle D*)

                     Dils (petroleum and non-petroleum) (OPA)
                                   Finished Products
           1 Some Inputs may be regulated under federal statutes (e.g., CERCLA, EPCRA).
            See Section 3.2 (following) and Section 7.0 How Do I Comply with the Emergency Planning
            and Community Right-to-Know Act Regulations?
           2 See Section 4.0 How Do I Comply with Wastewater Discharge and Related Regulations?
           3 See Section 6.0 How Do I Comply with Air Regulations?
           4 See Section 10.0 Other Major Environmental Statutes and Regulations: CERCLA, RCRA
            Subtitle D, FIFRA, and TSCA.
           5 See Section 8.0  How Do I Comply with the Hazardous Waste Regulations?
Understanding the Process:
Inputs, Outputs, and Applicable
Federal Environmental Regulations
           3-3
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                     Figure 3-Ib.   Selected Ancillary  Operations
                          with  Examples  of Regulated Outputs
                   Inputs
Boiler
(Steam Generation)
	 ^
                   >-Air Emissions (CAA3)

                    -Wastewater (CWA2)

                     Hazardous Wastes (RCRA 5)
                     Used Oil5

                   XDils (petroleum and non-petroleum) (OPA)
                   Inputs
                                     Refrigeration
                      ir Emissions (e.g., ammonia) (CAA3)

                    ^Wastewater (CWA 2)

                    ^Hazardous Wastes (RCRA 5)
                   Inputs
 Laboratory
 *Solid Wastes (RCRA Subtitle D)

 ^Hazardous Wastes (RCRA 5)

 >-Wastewater (CWA 2)
                   Inputs1
Maintenance
-^•Hazardous Wastes (RCRA 5)

->Solid Wastes (RCRA Subtitle D)

->-Air Emmissions (CAA3)
->Used Oil5

->Storm Water (CWA 2)
                   Inputs1
 Cleaning
 ^Wastewater (CWA 2)

 *Storm Water (CWA 2)

 ^-Hazardous Wastes (RCRA 5)
                   Inputs
                                   Waste Treatment
                      ir Emissions (CAA3)

                    *Solid Wastes (RCRA Subtitle 0)

                    ^Wastewater (CWA 2)
         1  Some Inputs may be regulated under federal statutes (e.g., CERCLA, EPCRA).
           See Section 3.2 (following) and Section 7.0 How Do I Comply with the Emergency Planning
           and Community Right-to-Know Act Regulations?
         2  See Section 4.0 How Do I Comply with Wastewater Discharge and Related Regulations?
         3  See Section 6.0 How Do I Comply with Air Regulations?
         4  See Section 10.0 Other Major Environmental Statutes and Regulations: CERCLA, RCRA
           Subtitle D, FIFRA, and TSCA.
         5  See Section 8.0  How Do I Comply with the Hazardous Waste Regulations?
Understanding the Process:
Inputs, Outputs, and Applicable
Federal Environmental Regulations
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It is important to understand the difference between hazardous or toxic materials and hazardous
wastes. For the purposes of this discussion, the term hazardous or toxic materials includes all
materials that have not been used, and therefore, are not wastes. Thus, hazardous
materials include those hazardous and extremely hazardous substances as defined in
CERCLA/EPCRA, but not hazardous wastes as defined by RCRA.

Hazardous Wastes.  Hazardous wastes are those materials which are no longer usable and
are to be disposed of.  Hazardous wastes must be managed according to the RCRA hazardous
waste regulations. See Section 8.0 How Do I Comply With the Hazardous  Waste Regulations?
The RCRA regulations also address non-hazardous wastes (e.g., solid wastes). See Section
10.2 Subtitle D of the Resource Conservation and Recovery Act for more information.
      Example of Hazardous Material Versus Hazardous Waste: Methyl Ethyl Ketone (MEK)

  Hazardous Material   A drum of MEK being stored at a facility is a hazardous material under
                      EPCRA regulations. It is not a classified as a hazardous waste under
                      RCRA because it is not a waste.

  Hazardous Waste     As a waste, MEK is a RCRA-listed hazardous waste. A drum of MEK
                      that cannot be used (e.g., is contaminated during use, exceeds its shelf-life,
                      or is off-spec), becomes a waste and must be disposed of as a hazardous
                      waste. Additionally, MEK that is released in the event of a spill or
                      accidental release,  must be managed as a hazardous waste.
3.2.2     Overview of  Outputs and  Applicable Statutes

Outputs from food processing include the saleable products being produced and the wastes.
This section will focus on the wastes and the environmental regulations that apply to their
management and/or disposal. You must first identify all the wastes your facility generates.

Wastes are generated throughout your process (see generic Figure 3-1 a), as well as from your
ancillary operations (see generic Figure 3-1 b).  Many activities occur during each part of the
process that generate wastes, including the following:


        Process Step                           Activity Generating Waste

 Storage                      Storage of raw materials, refrigeration, and onsite transport.

 Receiving and Preparation         Loading, conveyor handling, cleaning, inspection, sorting,
                              separating, washing, peeling, cutting, and pulverizing. Also includes
                              water unloading and fluming.

 Processing and Filling           Mixing, cooking, freezing, concentrating, freeze-drying, filling,
                              cooling, preserving, and flavoring.
Understanding the Process:
Inputs, Outputs, and Applicable
Federal Environmental Regulations              3-5                                March 1999

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        Process Step                          Activity Generating Waste

 Packaging and Printing           Can-making, printing, packaging (e.g., plastic bag, paper, can, glass
                              jars and bottles, cardboard, and pallet-packaging).

 Storage and Distribution          Storage of prepared materials, refrigeration, and loading.

The wastes generated can take one of the four forms called wastestreams, including
wastewaters,  air emissions, hazardous wastes, and solid wastes. Each of these wastestreams
is regulated by one or more environmental statutes as follows:

         Wastewater is regulated under the Clean Water Act (CWA). Additionally, some
         discharges of wastewater to underground injection wells are regulated under the Safe
         Drinking Water Act (SDWA).

         Air emissions are regulated under the Clean Air Act (CAA). Some air emissions, such
         as those from waste storage or the burning of hazardous waste, are regulated under
         RCRA.

         Hazardous wastes are regulated under RCRA.

         Solid wastes are regulated under RCRA Subtitle D.

In addition to the regulatory background information provided  in Section 2.0 Guide to EPA's
Major Environmental Statutes, the following sections, organized by statute (with the exception of
Section 9.0), provide additional information on regulatory compliance requirements your facility
must follow when managing these wastestreams:

         Section 4.0  How Do I Comply with Wastewater Discharge and Related Regulations?

         Section 5.0  How Do I Comply with Safe  Drinking Water Regulations?

         Section 6.0     How  Do I Comply with Air Regulations?

         Section 7.0     How  Do I Comply with the Emergency Planning and Community
                       Right-To-Know Act Regulations?

         Section 8.0     How  Do I Comply with the Hazardous Waste Regulations?

         Section 9.0     How  Do I Comply With Spill or Chemical Release Requirements? For
                       purposes of comparison, this section pulls together and briefly
                       summarizes your responsibilities for emergency planning and
                       response requirements across several statutes [e.g., EPCRA,
                       CERCLA, CWA, Oil Pollution Act (OPA), CAA, RCRA]. Always refer
                       to the statute-specific section, the regulations, or program guidance
                       for additional information.
Understanding the Process:
Inputs, Outputs, and Applicable
Federal Environmental Regulations               3-6                                March 1999

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         Section 10.0   Other Major Environmental Statutes and Regulations: CERCLA,
                      RCRA Subtitle D, FIFRA, and TSCA.
3.3    Conducting  a  Waste Analysis

3.3.1      Example Waste Analysis  For SIC 203  Facility

The following discussion presents an example (in Figure 3-2 and Table 3-2) of how to apply
this method of examining process inputs and outputs (e.g., wastes) and identifying applicable
environmental requirements for a facility in SIC Code 203, Canned, Frozen and Preserved
Fruits, Vegetables and Food Specialties. The types of facilities included in SIC Code 203 are
presented in Table 3-1.

                    Table 3-1.  Types of SIC 203  Facilities
SIC
2032
2033
2034
2035
2037
2038
NAICS *
31 1422 and 31 1999
311421
31 1423 and 31 1211
311421 and 31 1941
311411
311412
Types of Facilities
Canned Specialties
Canned Fruits, Vegetables, Preserves, Jams and Jellies
Dried and Dehydrated Fruits, Vegetables, and Soup Mixes
Pickled Fruits and Vegetables, Vegetable Sauces and
Seasonings, and Salad Dressings
Frozen Fruits, Fruit Juices, and Vegetables
Frozen Specialties, Not Elsewhere Classified
*  The 1997 North American Industrial Classification System (NAICS) codes for the food processing industry will replace the
  1987 SIC codes in publications of the U.S. Statistical Agencies over several years (1998-2004), beginning with publications of
  the NAICS United States Manual. The NAICS Implementation Schedule for these agencies is available on the U.S. Census
  Bureau's Internet site at http://www.census.gov/epcd/naics/timeschd.html/.

Figure 3-2 presents a waste analysis for a hypothetical SIC Code 203 facility. The common
process activities include: (1) storage (e.g., storage of raw produce); (2) receiving and
preparation (e.g., sorting fruits and  vegetables to remove immature or substandard ones;
cleaning and washing; peeling [sometimes using caustic solutions to remove peels]; and coring
and pitting); (3) processing and filling; (4) packaging and printing; and (5) storage and
distribution. Typical inputs and outputs are identified for each process activity.
Understanding the Process:
Inputs, Outputs, and Applicable
Federal Environmental Regulations
3-7
March 1999

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            Figure 3-2.   Process Waste Analysis  for  a SIC 203  Facility
                  Inputs
                                     Raw Ingredient Materials
Packaging 	 >
i
Storage
Refrigeration 	 >
Water 	 *
Caustic peeling solution 	 >
Produce (fruits & vegetables) 	 >
Packaging 	 >
Coolants 	 >
Water 	 >
Chlorine 	 ^
Ammonia 	 *
Chemical preservatives 	 ^
Produce 	 >•
Steel 	 >
Fiberboard 	 >
Inks & Solvents 	 >
Packaging 	 ^
Refrigeration 	 ^

^

i
j
t

Receiving
and
Preparation

i


f

Processing
and
Filling

i


f

Packaging
and
Printing

>

f
Storage
and
Distribution
                   Outputs
                                                               Solid Wastes (paper, plastic, pallets,
                                                              ""packaging) (RCRA Subtitle D)

                                                              ••Storm Water (CWA)

                                                              ••Air Emissions (ammonia) (CAA)

                                                               Oils (petroleum and non-petroleum)
                                                               (OPA)
                                                               Wastewater (wastewater, waste caustic
                                                               peeling solution) (CWA)

                                                               Air Emissions (particulates, VOCs, odors)
                                                              *"(CAA)
                                                               Solid wastes (off-spec product, unusable
                                                              ^-product, paper, plastic, pallets, packaging)
                                                                           •D)
                                                              ••Wastewater (BOD) (CWA)


                                                               Air Emissions (CFCs, ammonia, SOx,
                                                              "VOCs, particulates, odor) (CAA)

                                                               Hazardous Wastes (spent chemical
                                                               preservatives) (RCRA)

                                                              ••Solid Wastes (RCRA Subtitle D)
                                                               Hazardous wastes (liquid flux for soldering,
                                                              ^waste solvents and inks) (RCRA)

                                                              ^•Air Emissions (CAA)

                                                               Solid waste (fiberboard, paper, packaging)
                                                              *"(RCRA Subtitle D)
                                                              ^Air Emissions (ammonia) (CAA)

                                                               Solid Wastes (unsalable product,
                                                               cardboad, cans) (RCRA Subtitle D)
                                                              »-Storm Water (CWA)

                                                              MDils (petroleum and non-petroleum) (OPA)
                                        Finished Products


              1 Some, not all, of the inputs listed in this figure may be regulated under federal statutes
               (e.g., CERCLA, EPCRA).  See Section 3.2 and Section 7.0 How Do I Comply With the
               Emergency Planning and Community Right-to-Know Act Regulations?
Understanding the Process:
Inputs, Outputs, and Applicable
Federal Environmental Regulations
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To further explore this facility's wastes, Table 3-2 presents examples of typical wastes from
each process activity. Each facility waste is placed in the table by category of "Wastestream"
(Column 1) and "Process Steps" (Columns 2-5). Ancillary operations (Column 6) show
examples of wastes from steam generation, cleaning, and maintenance.


3.3.2     Completing a Waste Analysis For Your  Facility

This section provides a blank process waste analysis process worksheet (Figure 3-3) and a
blank waste analysis table (Table 3-3) for you to complete for your facility.  These tools can
help you identify your facility's inputs and corresponding regulated outputs (e.g., wastes), as well
as the environmental regulations that apply to these wastes.  Please modify these tools as
needed based on your facility's operations.

To complete your waste analysis, follow the steps below.  Fill the information in Figure 3-3 and
Table 3-3 as you go through each step:

    (1) Identify Process Activities and Ancillary Operations. Identify all of your process
    activities and ancillary operations.

    (2) Identify Inputs. Identify all of the inputs to these activities and operations.  Remember
    that some of these inputs may be regulated under specific EPA statutes (e.g., EPCRA,
    CERCLA, OPA, CWA), as well as under the Occupational Safety and Health Administration
    (OSHA). Refer to the appropriate statute-specific section for more information.  Also, for a
    very brief overview of spill or chemical release requirements across EPA statutes, please
    refer to Section 9.0. How Do I Comply With Spill or Chemical Release Requirements?

    (3) Identify Outputs and Wastestreams. Identify your outputs and the wastestream to
    which each output belongs.  While your facility has several types of outputs, this activity is
    focused on identifying those outputs which are regulated - primarily wastes. As discussed
    earlier, waste outputs are regulated differently depending on the wastestream (wastewater,
    hazardous wastes, air emissions or solid wastes) to which they belong. Once you identify
    the wastestream, you can refer to the appropriate EPA statute-specific section of this guide
    for more information on how to manage those wastes and comply with the regulations.
Understanding the Process:
Inputs, Outputs, and Applicable
Federal Environmental Regulations              3-9                               March 1999

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               Figure 3-3.  Process Waste Analysis Worksheet
                Inputs
                   Outputs
                               Raw Ingredient Materials
                                 Finished Products
Understanding the Process:
Inputs, Outputs, and Applicable
Federal Environmental Regulations
3-11
March 1999

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                     SECTION 4 CONTENTS
4.  How Do I Comply with Wastewater Discharge and Related Regulations?	4-1
    4.1   Introduction  	4-1
    4.2   Wastewater Generated During Food Processing Operations  	4-2
    4.3   Am I a Direct Discharger?	4-2
         4.3.1   Direct Dischargers to Surface Waters	4-3
         4.3.2   Storm Water Dischargers	4-5
    4.4   Am I an Indirect Discharger?	4-15
         4.4.1   Pretreatment Requirements  	4-16
         4.4.2   Calculating Your Surcharge	4-20
    4.5   How Do I Dispose of Industrial Sludge?  	4-21
    4.6   How Do I Comply With Oil Pollution Prevention Requirements?	4-22
         4.6.1   Introduction and Background  	4-22
         4.6.2   SPCC Requirements	4-24
         4.6.3   Facility Response Plans (FRPs)	4-28
         4.6.4   Oil Spill Notification and Response	4-35
    4.7   Compliance Issues For Selected Activities  	4-38
         4.7.1   Land Application of Wastewater	4-38
         4.7.2   Construction or Plant Modification Activities 	4-39

Table 4-1.   Reporting Requirements for All NPDES Permit Holders  	4-4
Table 4-2.   Eligibility, Deadlines, and  Expiration of General and Individual Permits for
           Food Processing Facilities 	4-9
Table 4-3.   SWPPP Requirements for General and Individual Permits for Food
           Processing Facilities	4-11
Table 4-4.   General Storm Water BMPs Required for Permit Holders in SIC Code 20 .... 4-13
Table 4-5.   Monitoring Requirements for All Food Processors	4-14
Table 4-6.   Additional Monitoring Requirements for Specific Food Processing Operations . 4-15
Table 4-7.   Reporting Requirements for All Indirect Dischargers	4-19

Figure 4-1.  Determination  of Response Plan Applicability 	4-29
Figure 4-2.  Flowchart of Criteria for Substantial Harm 	4-31
How Do / Comply with Wastewater
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   4.  How Do  I  COMPLY WITH  WASTEWATER

    DISCHARGE AND RELATED  REGULATIONS?


4.1    Introduction

The discharge of wastewater from your food processing facility generally will be covered by
either the federal Clean Water Act (CWA) or the Safe Drinking Water Act (SDWA) (see Section
5.5 Underground Injection Control (UIC) Requirements. In 1972, Congress passed the Federal
Water Pollution Control Act (FWPCA), now known as the CWA, which established the basic
framework for protecting the waters of the United States. The CWA and its regulations now
focus on keeping conventional, nonconventional (including oil and grease), and toxic water
pollutants out of our rivers, lakes,  and oceans.

Generally, federal regulations target three types of industrial discharges. As a food processing
facility, your industrial wastewater discharges probably fall into one of these categories:
    (1)  Direct discharges which include any         ,fyouf. food processjng facjljty also
        wastewater from an industrial facility (e.g.,
        untreated, unpolluted wastewater or treated
        process wastewater) that is discharged
        straight to surface waters (e.g., ponds, lakes,
        oceans, streams, and wetlands). Storm
        water discharges also are considered a type
        of direct discharge. See Section 4.3 Am IA
        Direct Discharger?
                                               authority for more information.
    (2)  Indirect discharges which include any
operates an Animal feeding
operation (AFO), you may be
required to obtain a National
Pollutant Discharge Elimination
System (NPDES) permit that
includes the AFO if the AFO
discharge goes directly to surface
waters. Check with your permitting
        wastewater from an industrial facility that is
        discharged to a publicly owned treatment works (POTW), which subsequently
        discharges to a surface water. See Section 4.4 Am I An Indirect Discharger?

    (3)  Land application of industrial wastewater discharges.  Land application discharges
        include any wastewater from an industrial facility that is discharged to land to either
        condition the soil or to fertilize crops or other vegetation grown in the soil.  (See
        Section 4.7.1 Land Application of Wastewater.)

For more information, visit EPAs water programs homepage at http://www.epa.gov/wow.
How Do / Comply with Wastewater
Discharge and Related Regulations?             4-1                             March 1999

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4.2   Wastewater  Generated  During Food

        Processing Operations


Process  Wastewater

Wastewater at food processing facilities commonly is generated during food preparation,
processing, and cleaning operations. As presented in Table 3-2. Waste Analysis for SIC Code
203 Facility, there are many common wastes that typically are found in food processing
wastewater. This wastewater can contain a variety of pollutants or characteristics, some of
which are regulated by federal, state, or local requirements.

Regulated pollutants include:

        biochemical oxygen demand (BOD)     •  total Kjeldahl nitrogen (TKN)
        chemical oxygen demand (COD)        •  high or low pH
        total suspended solids (TSS)           •  ammonia nitrogen
        oil and grease (O&G)                 •  phosphorus.

Note that these are examples of conventional pollutants likely to regulated in your wastewater
discharge permit. In addition, your permit may include discharges of toxics (e.g., ammonia) and
nutrients (total nitrogen, total phosphorus). The amount of these pollutants that you are allowed
to discharge in your wastewater will vary depending on where you discharge (e.g., direct,
indirect, or other) and the applicable regulations.

Storm Water

Another potential source of wastewater at your food  processing facility  is storm water.  Storm
water discharges begin when rain  comes in  contact with potential pollutants, such as product
spills, uncovered waste containers, or spilled liquids  related to vehicle or mechanical parts
maintenance. The pollutants found in storm water will be dependent on the type of material(s)
the rain comes in contact with prior to discharge.

After you identify the wastewater (process and storm water) generated  by your facility, you must
determine how best to manage it.  As discussed above, there are several methods that your
food processing facility can use to dispose of your wastewater.  Some of these methods require
you to obtain a permit as well as conduct monitoring  of pollutant levels in your wastewater.  The
following sections discuss the federal regulations that apply to your wastewater discharges and
related activities and how you can  comply with these regulatory requirements. See Section 4.3.2
Storm Water Dischargers for more information.


4.3   Am I  a Direct  Discharger?

If your food processing facility discharges process wastewater, cooling water (contact or non-
contact) and/or storm water straight to surface waters (or through any conveyance system
through which water flows and then discharges directly to surface waters, i.e., through a "point

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source"), you are a direct discharger. See Appendix A.1 Summary of Principal Regulations
Under the Clean Water /Act for the complete definition of a point source.  Specific requirements
that apply to food processing wastewater discharges and  cooling water are discussed in Section
4.3.1; storm water discharges are discussed in Section 4.3.2.


4.3.1     Direct  Dischargers to Surface Waters

As a direct discharger, you must apply for and obtain a permit under EPAs National Pollutant
Discharge Elimination System (NPDES) program.  A NPDES permit sets limits, often referred to
as effluent limits, on the amounts of pollutants that can be discharged to surface waters.

Permits must be obtained from EPA or the authorized state or territory.  As of March 1998, EPA
has authorized 42 states and one territory to administer the NPDES program. Where permit
authority has not been delegated to the state or territory, you must apply for permits directly from
EPA rather than the state authority. EPA has not delegated authority to the following states and
territories: Alaska, Arizona, District of Columbia, Idaho, Maine, Massachusetts, New Hampshire,
New Mexico, Pacific Territories,  Puerto Rico, Texas, and the federal Tribal Lands.

A NPDES permit:

         Specifies the amount of pollutants (e.g.,      |~T   ~   ~  !     ~       ~
         effluent limits) that can be discharged        ForfacHHes m coastal areas, states
                    '                 a           may include stricter permit limits in
                                                         meet the requirements of the
                                                  Construction or Plant Modification
                                                  Activities.
         based on either available wastewater
         treatment technology or on the specific
         water quality standards of the surface
         water.

         Generally requires a facility to routinely
         conduct monitoring and submit reports
         (generally on an annual, quarterly, or
         monthly schedule).  Such requirements are determined on a facility-specific basis;
         however, there are some reporting requirements that apply to all facilities. These
         requirements are  presented in Table 4-1.

         Requires that all records related to monitoring be maintained by the facility for at least
         three years.

         May contain  other site-specific requirements, such as (1) construction schedules, (2)
         best management practices (BMPs), (3) additional monitoring for non-regulated
         pollutants, and  (4) spill prevention plans.

A NPDES permit application may be submitted as either a general permit or an individual
permit, depending on EPA or state requirements. General permits, which usually are limited to
storm water discharges (see Section 4.3.2 Storm Water Dischargers), typically are less
complicated than individual  permits and do not require as much information to apply for the
permit. The application for a general permit is often referred to as a Notice of Intent (NOI).
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How to Comply If You Are a  Direct Discharger

         Contact your EPA or state regulatory agency to find out how to obtain a permit
         application. Apply for and obtain a NPDES permit.

         As part of the permit application, you will be required to analyze your industrial
         wastewater for BOD, COD, total organic carbon (TOC), TSS, ammonia (as N),
         temperature and pH.1  In addition, your food processing facility will likely be required to
         analyze your industrial wastewater for oil and grease, and may be required to analyze
         for additional parameters (e.g., total  phosphorus or total nitrogen) based on the water
         quality standards applicable to the receiving water, and any applicable state
         regulations. While the effluent limits  and other requirements in your permit will be
         specific to your facility, all permits will require reporting, sample collection, and sample
         analysis (see 40 CFR 122.41, 136.1-136.4, and 136.3).

         Read all permits carefully and make checklists of requirements.

         Follow the monitoring and reporting  activities specified in your permit. Compare the
         monitoring  results to the effluent limits to verify that your facility meets the effluent
         limits in  your NPDES permit.  Conduct any additional required reporting and
         recordkeeping activities for your wastewater discharge.

         Notify the permitting authority as indicated in Table 4-1 Reporting Requirements for All
         NPDES Permit  Holders.
    Table 4-1.  Reporting Requirements  for All NPDES Permit  Holders
                Specific Requirement
  Notify the permitting authority of any noncompliance with
  your permit that may endanger health or the environment.
        Within 24 hours of becoming aware of
        violation; written submission within 5
  Notify the permitting authority of any planned physical
  alterations or additions to the facility.
        As soon as possible.
  Notify the permitting authority of any planned changes in
  your discharge that may result in noncompliance.
        In advance of changes.
  Notify the permitting authority of the transfer of the facility
  to a new owner.
        As soon as possible in advance of the
        transfer.
       Some industrial sectors also are required to analyze for some or all of the 126 priority pollutants (40 CFR
       423, Appendix A); however the federal NPDES regulations do not require food processors to analyze for
       these pollutants.
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Surface waters in the United States are protected through state-established water quality
standards. These standards were created for the purpose of establishing minimum water
quality requirements for surface waters.  Water quality standards contain two distinct elements:
1) use designations, and 2) specific water quality criteria to protect these designated uses.
Each water body in the country is given one or more water use designations, such as aquatic life
warmwater habitat, primary contact recreation, or public water supply.  Based on these
designations, parameter-specific criteria are applied to the point sources discharging into the
specific water body.

Total Maximum Daily Loads (TMDLs) focus on restoring and protecting surface water.  TMDLs
impose water quality-based discharge limits from point sources based on a watershed
approach.  They are written, quantitative evaluations of water quality problems and contributing
sources of pollution. A TMDL:

         Identifies the amount a pollutant needs to be reduced to meet water quality standards

         Allocates pollutant load reductions among pollutant sources in a watershed

         Provides the basis for taking actions needed to restore/protect a waterbody.

Direct discharges of some pollutants from your facility (e.g., ammonia) may be affected by the
development and implementation of TMDLs by the states. For more information on  TMDLs,
refer to Final Report of the Federal Advisory Committee on the Total Maximum Daily Load
(TMDL) Program (July 28, 1998) on the EPA Hompage at http://www.epa.gov/OWOW/tmdl/
advisory.html. For additional information on pollutants of concern, water quality standards,
TMDLs, or your permit, contact your permitting authority.


4.3.2     Storm Water  Dischargers


Introduction and  Background

Under Phase I of the storm water program, which
currently is being implemented, storm water discharges
associated with industrial activity, such as food
processing, must be covered by a NPDES storm water
permit regardless of whether they discharge to a
municipal separate storm sewer system or directly to
waters of the United States. Municipal separate storm
sewer systems are designed to convey storm water from
impermeable areas to bodies of water.  Waters of the
United States are defined to include virtually any surface
waters, whether navigable or not.

The term "storm water discharge associated with
industrial activity" means a storm water discharge from
one of 11 categories of industrial activity defined in 40
CFR 122.26. Six categories are defined by Standard Industrial Classification (SIC) codes and
five are defined by regulated industry activity narrative descriptions.  Food processing facilities
             Exemption from Storm Water
             Permit: Food processors that
             have no exposure of materials
             and activities to storm water are
             exempt from these
             requirements. "No Exposure"
             means that there is no
             possibility of storm water, snow
             fall, snow melt, or storm water
             "run on" coming in contact with
             any process or storage related
             activity.
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are listed in category xi.  This category includes facilities with storm water discharges from
areas where material handling equipment or activities, raw materials, intermediate
products, final products, waste materials, byproducts, or industrial machinery are
exposed to storm water. These areas may include:

         Industrial plant yards
         Material handling sites
         Refuse sites
         Sites used for the application or disposal of process wastewater (as defined in 40
         CFR401)
         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
         Areas where industrial activity has taken place in the past and significant materials
         remain.

Material handling activities at your facility include the storage,  loading and unloading,
transportation,  or conveyance of any raw material, intermediate product, finished product, by-
product, or waste product. The term excludes areas located  on facility property separate from
the facility's industrial activities, such as office buildings and accompanying parking lots, as long
as the drainage from the excluded areas is not mixed with storm water drained from the above
described areas.  If storm water from your food processing facility is discharged to a municipal
combined sewer system, the storm water discharges are subject to indirect discharger
requirements (see Section 4.4).

Storm Water Permits

Food processing facilities with storm water discharges must  be covered by a NPDES permit
regardless of whether they discharge to a municipal separate storm sewer system or directly to
waters of the United States.  Storm water permits are not required where runoff flows
through a combined sewer to a POTW.  Storm water permits provide a mechanism for
monitoring the  discharge of pollutants from these sources to waters of the United States and for
establishing appropriate controls.

Facilities can comply with NPDES permit requirements for storm water discharges by
submitting (1) a Notice of Intent (NOI) to be covered under  a general permit (Baseline or
Multi-Sector); or (2) an application for an individual permit; and (3) complying with all of the
conditions specified in the applicable permit.  In the past, facilities could submit an application to
be covered under a group permit, but this option  and the original group permit have expired.

         General Storm Water Perm it Applications-  Baseline or Multi-Sector. Your food
         processing facility  may be permitted under a general permit, whether  EPA or the
         State is the permitting authority.  General permits require development of a storm
         water pollution prevention plan (SWPPP) and periodic discharge monitoring.  In those
         states and territories without NPDES authorization  (i.e., EPA is the permitting


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         authority, see below), EPA has developed and finalized general permits that cover 29
         industry categories including food processors.

         EPA has developed two different general permits under which food processors can
         discharge their storm water: the Baseline general permit, and the Multi-Sector
         general permit. The Baseline general permit was originally issued in 1992 and
         covered storm water discharges from many different facilities, both industrial and
         municipal, under the same requirements. The Multi-Sector permit was issued in
         1995, and like the Baseline permit, covered many different industrial facilities. The
         main difference between the two permits is that the Multi-Sector permit established
         different requirements for different industries, while the Baseline established one set of
         requirements for all industries. As of September 1998, most food processing facilities
         were covered under the Multi-Sector permit.  More detail on the eligibility, deadlines,
         expiration dates, and permit requirements of each of these facilities is provided below.
         Individual Storm Water Permit Applications. If a facility has storm water
         discharges and did not participate in a group application, or did not obtain coverage
         under a general permit by March 1996, it may be required to obtain and submit an
         individual permit application consisting of Form 1 (General Information) and Form 2F
         (Application for Permit to Discharge Storm Water Discharges Associated with
         Industrial Activity).  These forms can be obtained from and submitted to the permitting
         authority.  Form 2F requires the facility to submit a site drainage map, a narrative
         description of the site identifying potential pollutant sources, and quantitative testing
         data of pollutant sources. A facility is required to submit an individual permit
         application 180 days before starting a new discharge.
                                                       Note: If your storm water
Where do I get a storm water permit? General
permits, NOIs, individual permit applications, and
individual permits can be Obtained from your NPDES        discharges are currently covered
permitting authority.  Copies of general permits and NOIs
can be downloaded from the Internet. Information on
downloading NOI's and general permits can be found at
http://www.epa.gOv/earth1r6/6en/w/sw/home.htm/.

As of March 1998, 42 states and one territory have been
delegated authority by EPA to administer the NPDES
program. EPA has not delegated NPDES authority to the
following states and territories: Alaska, Arizona,  District of
Columbia, Idaho, Maine, Massachusetts, New
Hampshire, New Mexico, Pacific Territories,  Puerto Rico,
Texas, and the federal Tribal Lands. Of the delegated
NPDES states and territories, only the Virgin Islands has not been delegated authority for the
storm water general permits program as well. Where permit authority has not been delegated to
the state or territory, food processing facilities must obtain NOIs, general permits, or individual
permit applications directly from EPA rather than from the state authority. Contact your
permitting authority, either EPA or your state, to find out how to obtain the appropriate
documents and to determine whether the individual or general permit is required.
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                                                       to submit an individual permit
                                                       application (provided that neither
                                                       EPA nor the implementing agency
                                                       required an individual permit
                                                       application on a case-by-case
                                                       basis).  NOI requirements for
                                                       general permits usually address
                                                       only general information and
                                                       typically do not require sample

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Storm Water  Permits - Conditions  and Requirements

Your food processing facility will be subject to different requirements depending on whether you
are covered under a Baseline general storm water permit, a Multi-Sector general storm water
permit, or an individual storm water permit. Conditions and requirements for each of these
permits are described below.

Eligibility, Application Deadlines, and Expiration Dates

Each of the permits available to food processing facilities has different eligibility requirements,
application deadlines, and expiration dates. These requirements and deadlines are summarized
in Table 4-2. Eligibility, Deadlines, and Expiration of General and Individual Permits for Food
Processing Facilities.

Baseline General Permit:  In order to be covered under a storm water Baseline general
permit on September 30, 1998, your food processing facility was required to do the following: 1)
submit a NOI to EPA or the permitting authority prior to October 1,1992, and 2) submit a
second NOI prior to September 9,1997, in  order to be covered under the administratively-
extended Baseline general  permit. If you were eligible and met these deadlines, then your
facility is still covered under the administratively-extended Baseline general permit.

         Eligibility: Your facility was eligible to submit these NOIs if it did not have an adverse
         impact on endangered species,  and your storm water discharges were not subject
         to EPA's Storm Water Effluent Limitation Guidelines.

         Expiration: Your Baseline general permit expired in 1997, unless you met the
         deadline for submitting the second  NOI to obtain  coverage under the administratively-
         extended Baseline permit. The administratively-extended permit will expire 90 days
         after the modified  Multi-Sector General permit becomes final (late 1998 or early 1999).

         Future Requirement for Permit Coverage: The administratively-extended Baseline
         general permit expires 90 days after EPA issues modified Multi-Sector permit
         becomes final (late 1998 or early  1999). When  the administratively-extended
         Baseline expires, food processing facilities that are covered under the
         administratively-extended Baseline permit will have 90 days to submit a NOI to be
         covered under the modified Multi-Sector permit and to meet all of the conditions  of
         the Multi-Sector permit (including implementing new components of the SWPPP).

EPA's recommendation to food processing facilities: Because the modified  Multi-Sector
permit is more complex than the Baseline permit, and because of the short time period available
to implement the Multi-Sector requirements (see below), EPA strongly recommends that food
processing facilities that are covered under the Baseline permit begin to  implement the
requirements of the modified Multi-Sector permit (which, for food processing facilities,
will have the same requirements as the currently available Multi-Sector permit) as soon
as possible, rather than waiting for the Baseline  permit to expire. (See following
subsection for explanation and requirements  pertaining to eligibility and applications deadlines
under the Multi-Sector and  the modified Multi-Sector general permit.)
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               Table 4-2.  Eligibility,  Deadlines, and Expiration
       of General and Individual Permits for Food Processing Facilities
               Baseline General Permit
                             Multi-Sector General
                                   Permit
                             Individual Permit
 Eligibility
Food processing facilities
which do not have an
adverse impact on
endangered species, and do
not include additional non-
food processing activities
(e.g., can making) that are
subject to effluent guidelines.
Food processing facilities
which do not have an
adverse impact on
endangered species and
certify there will  not be
an impact.
All facilities are eligible for
individual permits at the
discretion of the permitting
authority.
 Application
 Deadline
Existing dischargers must
have submitted a NOI by
10/1/92 and a second NOI for
the administratively-
extended Baseline permit
prior to 9/9/1997.

New dischargers must
submit NOI two days prior to
commencing industrial
activity.
Existing permit holders
and group applicants must
have submitted a NOI by
12/28/96 or within 90 days
of finalization of modified
Multi-Sector permit.

New dischargers must
submit NOI two days prior
to commencing industrial
activity.
Existing permit holders
must submit applications
at least 180 days prior to
the expiration of existing
permit.  New discharges
must apply for and receive
permit prior to
commencement of
industrial activity.
 Expiration
Baseline permit expired in
1997 except for those
facilities that submitted NOIs
prior to 9/9/97 to continue
coverage (until 90 days after
the modified Multi-Sector
permit is issued) under the
administratively-extended
Baseline permit.
Multi-sector permit expires
in 2000 (even for those
facilities that waited to file
a NOI until modifications in
the Multi-Sector permit
were complete). EPA will
issue new Multi-Sector
permits or extend existing
permit when existing
permit expires.
Permits are valid for dates
specified on the individual
permit.
Multi-Sector General Permit: In order to be covered under a storm water Multi-Sector
general permit on September 30, 1998, your food processing facility was required to submit a
NOI to EPAand to meet certain eligibility criteria. Deadlines for submitting a NOI differed for
facilities in operation prior to September 29, 1995, and those commenced operation after
September 29,  1995.

Facilities in the first category (i.e., those facilities in operation prior to September 29,1995)
had two periods for submitting a NOI depending on the status of your permit coverage at the
time.

    Period 1: The NOI submission period was between September 29,1995 to December
              28,1995, if your facility was not covered under the Baseline general permit,
              and met the eligibility criterion below.
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    Period 2: This NOI submission period was between June 11,1997 and September 9,
             1997, if your facility was covered under the Baseline general permit, and you
             wanted to obtain coverage under the Multi-Sector General permit before the
             expiration of the Baseline general permit in 1997.

Facilities in the second category (i.e., those facilities that commenced operation after
September 29,1995) are required to submit a NOI at least 2 days prior to commencing
operations.

         Eligibility:  In any of these situations, your facility was required to meet the applicable
         deadline and meet both of the following condition: 1) to have no adverse impact on
         endangered species; and 2) to certify that there will be no adverse impact.

         Expiration: The Multi-Sector permit expires on September 29, 2000.

         Future Requirement for Permit Coverage: If your facility is currently, or soon will be
         covered under the Multi-Sector permit, you must contact your permitting authority at
         least 90 days prior to September 29, 2000 in order to determine  if you will be required
         to submit a NOI to be covered under a new Multi-Sector permit, or to be covered under
         an extension of your current  Multi-Sector permit.

Individual Storm Water Permit:  In order to be covered under an Individual storm water
permit, your facility is required submit a permit application to the EPA or state permitting
authority, receive a permit, and meet the conditions of the permit prior to commencing
operations.

         Eligibility:  Facilities are eligible for individual storm water permits if they choose to
         apply for individual permits, or if required to do so by the permitting authority. To be
         eligible, facilities that commenced operations prior to October 1992 were required to
         submit a storm water permit  application prior to October 1992.  Facilities that
         commenced operations after October 1992 are required to submit a permit application
         and receive a permit prior to  commencing operations.

         Expiration: Individual storm water permits expire on the date  indicated on the permit.
         Individual permits are usually valid for five years.

         Future Requirement for Permit Coverage: If your facility is currently covered under an
         Individual storm water permit, you are required to submit an application to renew your
         permit at least 180 days prior to the expiration of your current permit.

What do I do if my food processing facility missed the previous deadlines for submitting
NOIs? If your facility did not submit NOIs prior to the applicable deadlines, you must contact
your State or EPA Regional permitting authority to determine if you are  eligible for a Multi-Sector
or individual storm water permit.

What do I do if my food processing facility was previously covered under a Group
permit? If your food processing facility was previously covered under  a group permit, you were
required to submit a NOI for the Multi-Sector permit prior to March 29, 1996 and meet the storm

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water pollution prevention plan conditions (see Table 4-3. SWPPP Requirements for General
and Individual Permits for Food Processing Facilities and accompanying text below) of the Multi-
Sector permit by September 25, 1996.
   Table 4-3.   SWPPP Requirements  for General  and  Individual  Permits
                           for Food  Processing Facilities
    Baseline General Permit
   Multi-Sector General Permit
   Individual Permit
 Requires consideration of generic
 pollution prevention measures and
 BMPs.

 Facilities subject to EPCRA
 Section 313 reporting
 requirements are required to
 incorporate additional measures
 into SWPPP, and have the plan
 certified by a Professional
 Engineer every three years.

 Does not provide guidance on
 specific Food Processing industry
 BMPs.
Requires consideration of generic
BMPs and practices specific to the
Food Processing Industry.

Facilities subject to EPCRA Section
313 reporting requirements are
required to incorporate additional
measures into SWPPP, however, the
plan only needs to be certified by the
facility operator.

Fact sheet describes applicable
BMPs for the Food Processing
industry.
SWPPP requirements are
included at the discretion
of the permitting authority.
Storm Water Pollution Prevention Plan (SWPPP). If your food processing facility is required
to obtain a storm water permit, you will likely be required to prepare and implement a storm
water pollution prevention plan. Facilities are required to develop SWPPPs to prevent storm
water from coming in contact with potential  contaminants. Each plan is facility-specific because
every facility is unique in its source, type and volume of contaminated storm water discharges.
Regardless of the variations, all plans must include several common elements, such as a map
and site specific considerations.  The elements include:
         Facility size and location

         A description of the volume of storm
         water and pollutants that could
         potentially be discharged.

         Hydrogeology
                     The environmental setting of each
                     facility

                     The predicted flow of storm water
                     discharges.

                     Climate.
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Storm water pollution prevention (P2) plans also must address how your facility will complete
the following activities:

         Develop general and specific            •   Train employees
         measures and controls to prevent
         or minimize pollution of storm           •   Conduct inspections and evaluations
         water (articulated as BMPs in your
         plan)                                 •   Test outfalls

         Develop a P2 Team                    •   Conduct recordkeeping.
Some SWPPP elements may be specific to the type of permit at your facility. Table 4-3
compares SWPPPs of Baseline general, Multi-Sector general, and Individual storm water
permits.

Best Management Practices.  BMPs are measures and controls used to prevent or minimize
pollution. The most effective BMPs for reducing pollutants in the storm water discharges from
your food processing facility are exposure minimization (preventing/minimizing storm water
contact with potential contaminants) and good housekeeping. Exposure minimization practices
reduce the potential for storm water to come in contact with pollutants.  Good housekeeping
practices ensure that the facility is responsive to routine and non-routine activities that may
decrease exposure of storm water to pollutants. One simple practice is to move product
storage, loading, or waste areas to existing enclosed structures.

While exposure minimization usually can be accomplished by good housekeeping and covering
or bringing potential pollutants inside a facility, some food processing facilities may be required
to develop additional structural controls to prevent contaminants from reaching storm sewers.
Such controls may include cement pads, berms/dikes, screens, or separators.  In a few
instances, more intensive BMPs (e.g., detention ponds, filtering devices) may be necessary at
your facility depending on the type of discharge,  types and concentrations of contaminants, and
volume of flow. Many food processing facilities already have some of these controls in place as
part of spill control plans required under the Oil Pollution Act (see Section 4.6 How Do I Comply
With Oil Pollution Prevention Regulations?), and can use these existing controls to help them
meet the BMP requirements  of their SWPPPs.

As part of the Multi-Sector general storm water permit, EPA has identified BMPs specific to the
food processing sector. General storm water BMPs practices specific to food processors are
shown in Table 4-4. General Storm Water BMPs Required for Permit Holders in SIC Code 20.
Some or all of these BMPs may be required by your permit for your food processing facility.
Even if not required, implementing these BMPs at your facility can be a low cost way to reduce
contaminants in your storm water discharges.
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       Table 4-4.  General Storm Water BMPs ReojJired for Permit
                        Holders in SIC Code 20
Activity
Raw material
unloading/product
loading
Tank storage of liquids
Drum and container
storage of liquids
Solids storage in silos,
holding bins, fiber
drums, etc.
Air emissions
Solid wastes
Wastewater
Pest control
Improper connections
to the storm sewer
General storm water
management
Erosion prevention
Management Practice
Reduce or repair defective containers (bags, drums, bottles, crates).
Prevent spills and leaks (tanks and rail cars) from reaching storm drains.
Ensure connections (hose and coupling) are secure and not leaking prior
to loading or unloading.
Reduce washwater usage and cover storm drains during wash down of
loading/unloading area.
Conduct preventive maintenance and inspections of tanks and piping to
avoid external corrosion and structural failure.
Train operators and monitor loading/unloading to prevent spills and
overflows due to operator failure.
Whenever possible, provide secondary containment tanks and storage
areas.
Keep containers closed except when loading or unloading.
Keep containers covered to avoid exposure to storm water.
Regularly inspect containers for signs of corrosion, spills, or leaks.
Train operators on proper handling and transporting techniques.
Immediately clean any known spills or leaks.
Inspect and maintain good housekeeping practices to avoid storm water
contamination from spilled product, dust, or particulates.
Inspect emissions from ovens or other vents that may emit solids.
Regularly clean any rooftop solids, or oils and greases from air
emissions.
Practice proper handling techniques to avoid dust or fine solids
emissions.
Regularly inspect dumpsters and trash cans, spent equipment, scraps,
etc.
Keep all wastes covered from storm water.
Monitor treatment processes to prevent hydraulic overflow.
Inspect and conduct preventative maintenance on outside piping and
connections.
Follow proper application techniques in outside areas.
Conduct a comprehensive site inspection to ensure that no process
wastewater, process floor drains, sanitary sewers, or LIST overflows are
connected to storm drains.
Implementation of traditional storm water management measures
(oil/water separators, vegetative swales, and detention ponds).
Identification of areas with high potential for erosion and stabilization
measures or structural controls used to limit erosion.
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Monitoring.  Under your general or individual storm water permit, your facility will be required to
conduct monitoring, which may include visual examination of storm water discharges and/or
analytical monitoring.  Monitoring is required primarily to provide your facility with a means for
assessing your storm water contamination and evaluating the performance of your SWPPP. As
indicated in Table 4-5. Monitoring Requirements for All Food Processors and Table 4-6
Additional Monitoring Requirements for Specific Food Processing Operations,  most food
processing facilities are required to conduct only visual monitoring if covered under the Multi-
Sector general permit, and no monitoring if covered under the Baseline general permit. Note
that some states may require food processing facilities to monitor additional parameters.
       Table 4-5. Monitoring Requirements for All Food  Processors
Category of Food
Processor
All food processors
Facilities subject to
EPCRA Section 31 3
reporting
requirements for
water priority
chemicals.
Facilities that can
certify there are no
significant materials
or industrial activities
exposed to storm
water.
Facilities that can
certify that there are
no sources of a
pollutant present.
Baseline Permit
(one time monitoring
for discharge
characterization)
none* (except for animal
handling/meat packing
as noted below) NOTE
THAT ONGOING
MONITORING MAY BE
REQUIRED ON A CASE
BY CASE BASIS.
O&G, BOD, COD, TSS,
TKN, TP, pH, acute
whole effluent toxicity,
and any Section 313
water priority chemical
for which the facility
reports.
Exempt from all
monitoring.
No provisions for these
facilities in Baseline
permit.
Multi-Sector Permit (ongoing
monitoring)
Parameter
Visual
examination
;
. Years
Monitoring .. .
a monitoring
Frequency requjred
Quarterly All
No additional monitoring based on
EPCRA reporting status.
No provisions forthese facilities in Multi-
Sector permit.
Facilities may be exempt from
monitoring certain pollutants on a
pollutant by pollutant basis.
Individual
Permit
Monitoring
Requirements
established
by the
individual
permitting
authorities.
All individual
permit
requirements
are specific to
the facility and
established
by the
permitting
authority.
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        Table 4-6 Additional Monitoring Requirements for Specific
                         Food Processing Operations
Category of Food
Processor
Grain mill
products
Fats and oils
Animal
handling/meat
packing
Baseline Permit
(one time monitoring for
discharge
characterization)
None
None
grab and composite
(where appropriate) for
BOD, oil and grease,
COD, TSS, TKN, Total
Phosphorus, pH, and
fecal coliform.
Multi-Sector Permit (ongoing monitoring)
Parameter
TSS
TSS, BOD,
COD, and
nitrate +
nitrite
nitrogen
Monitoring
Frequency
Quarterly
Quarterly
Years
monitoring
required
Year2 and 4
of permit
coverage
Year2 and 4
of permit
coverage*
No specific requirements under Multi-Sector
permit.
Individual
Permit
All
monitoring
required
under
individual
permit is
facility
specific and
determined
by the
permitting
authority.
 *  Facilities with pollutant concentrations lower than benchmarks in the second year are exempt from monitoring in the fourth
   year.


4.4   Am I an  Indirect  Discharger?

If you are an indirect discharger, your food processing facility discharges wastewater into a
sewer system that leads to a municipal treatment plant, also known as a POTW. The POTW
typically is owned by the local municipality or a regional board or sewer authority.

Usually, POTWs treat domestic household wastes using biological treatment processes.  Most
POTWs cannot handle large quantities of industrial wastewater, because certain pollutants
present in industrial discharges can adversely affect the POTWs treatment processes or pass
through the plant directly to surface water without receiving adequate treatment. However, some
POTWs are designed to accept large industrial waste loadings, often with prearranged industrial
financial assurances.

In response to the potential problems caused by industrial wastewater, federal pretreatment
regulations were developed to prevent the discharge of pollutants to the POTW that will:

        Interfere with the operation of the POTW
        Pass though the POTW untreated
        Create problems with disposal of sludge from the POTW
        Cause problems to treatment plant workers from exposure to chemicals.
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These regulations, referred to as the pretreatment regulations, apply to all industrial facilities,
including food processing facilities, that discharge industrial wastewater to POTWs. Local
POTWs with approved pretreatment programs have responsibility for enforcing pretreatment
requirements. Because the primary enforcement authority for pretreatment regulations is often
the local POTW, to assure compliance you must contact your local POTW, even if you have
already contacted the State or EPA region.


4.4.1     Pretreatment  Requirements

There are three types of pretreatment requirements: requirements for general industry (general
pretreatment standards), requirements for specific industries (categorical pretreatment
standards), and locally established requirements for specific facilities (local limits). At a
minimum, the federal general pretreatment standards apply to your food processing facility's
discharge to a POTW, while local limits may also apply to your facility.

    (1)   General pretreatment standards establish minimum discharge requirements for all
         industrial discharges, including those from food processing facilities.  These
         standards protect POTWs by prohibiting specific wastestreams from being
         discharged by industrial users. The general types of pollutants prohibited under the
         general pretreatment standards include:

             Pollutants that cause pass through  or interference at the POTW (including
             vegetable oils and animal fats).

             Pollutants creating a fire or explosion hazard in the POTW.

             Pollutants that will cause corrosive  structural damage (i.e, any wastewater with a
             pH less than 5).

             Pollutants that are solid or viscous that can obstruct the wastewater flow.

             Any pollutant released in a discharge at a flow rate or concentration that will
             cause interference at the POTW.

             Heat in amounts that will inhibit biological activity at the POTW, but in no case,
             discharges that will cause the POTW influent to exceed 104 degrees Fahrenheit.

             Petroleum oil, non-biodegradable cutting oil, or products of mineral oil in amounts
             that will cause interference or pass  through.

             Pollutants that result in the  presence of toxic gases, vapors, or fumes in the
             POTW that may cause acute worker health and safety problems.

             Any trucked or hauled pollutants, except at discharge points designated by the
             POTW.

    Some examples of typical pollutants specific to SIC Code 20 that are prohibited under the
    general pretreatment standards include pollutants discharged at a flow rate or concentration
    that will cause interference at the POTW (i.e., high BOD and COD loads).  In cases where

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    there are high BOD or COD loads in the wastewater, the POTW may choose to include
    these discharges in their surcharge program (see Section 4.4.2).
    (2)
    (3)
     Categorical pretreatment standards are standards established for specific types or
     categories of industrial facilities or processes.  These facilities are known as
     categorical industrial users.  EPA does not consider food processing facilities to be
     categorical industrial users.  EPA has not established specific numerical limits for
     indirect discharges from food processors. Hence, categorical pretreatment
     standards that apply to food processing operations require compliance with 40 CFR
     403 (the general pretreatment standards).2
     Local Limits or Requirements
     are standards established by the
     POTW for any or all of the
     industrial facilities from which it
     receives wastewater.  These
     limits are designed  to protect the
     POTW and its workers, and to
     meet the POTWs own direct
     discharge permit limits. POTWs
     often require food processing
     facilities to clean and maintain
     grease and grit traps on a
     specified schedule.

Where the POTW local limits are more stringent than federal requirements, they will
replace the federal requirements. As a food processing facilty, your POTW may or may
not have local limits.  For specific POTW limits that apply to your facility, you must contact
your local POTW.  Even if your facility is not subject to local limits, the general
pretreatment standards do apply.
                                             Can making operations. If your food
                                             processing facility also includes can making
                                             (not simply packaging materials in cans), your
                                             facility will be subject to additional categorical
                                             pretreatment standards.  These standards can
                                             be found in 40 CFR 465.40 through 465.46. In
                                             addition, your facility will be considered a
                                             Significant Industrial User (SIU) and be
                                             subject to the permit criteria discussed below.
2   EPA does not consider food processors involved in dairy products processing, grain mills, canned and
   preserved fruits and vegetables, canned and preserved seafood, sugar processing, and meat products point
   source categories (see 40 CFR 405-409 and 432) to be categorical industrial users. EPA has not established
   specific numerical limits for indirect discharges, known as categorical pretreatment standards, for these
   facilities. (Memo from Director Office of Water Enforcement and Permits to Regional Water Management
   Divisions Directors and Regional Water Compliance Branch Chiefs, 2/16/89)

   40 CFR 403 provides General Pretreatment Standards for various types of food processing facilities.  In 40
   CFR 405-409 and 432, EPA provides several tables of effluent limits for various types of discharges (e.g.,
   direct and indirect discharges from new and existing facilities) from various types of food processing facilities.
   There is a different table for each type of food processing facility, and each type of discharge from that type of
   facility; the tables simply refer to the General Pretreatment Regulations,  or indicate that the industrial users
   (food processors) must comply with 40 CFR 403 (the general pretreatment standards). If EPA considered
   food processing facilities to be categorical industrial users, then EPA would have established specific
   numerical limits for indirect discharges from food processors. Thus, the tables simply provide a reminder that
   food processors must comply with General Pretreatment Standards, rather than impose additional categorical
   pretreatment requirements.
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Permit  Criteria

In addition to the local limits, your POTW may require you to have a wastewater discharge
permit that requires you to monitor, submit reports, and keep records of your industrial
wastewater discharges. POTWs are required by federal law to permit significant industrial
users (SI Us), and may permit any or all of their industrial dischargers, not just significant
industrial users as defined below. Your food processing facility is considered a SIU if it meets
any of the  following  criteria:

          Is subject to categorical pretreatment standards (not applicable to SIC 20);

          Discharges an average of 25,000 gallons or more per day of process wastewater
          (excluding sanitary, noncontact cooling, and boiler blowdown wastewater) (may apply
         to a food  processing facility);

         Contributes a process wastestream which makes up five percent or more of the
         average dry weather hydraulic or organic capacity of the POTW treatment plant (may
         apply to a food processing facility);  or

          Is designated on the basis that the industrial discharger has a reasonable potential for
         adversely affecting the  POTWs operation or for violating any pretreatment standard or
          requirement (may apply to a food processing facility).

If your food processing facility meets any of the above criteria,  you  must contact the POTW and
receive a permit prior to discharging wastewater.  However, even if a permit is not required, you
will need to get approva/from the POTW for your industrial wastewater discharge to the
POTW.

Additional Reojjirements

Usually,  the monitoring, reporting, and recordkeeping requirements, as well as the wastewater
discharge  limits, are specified in facility-specific permits.  Also, as shown in Table 4-7 Reporting
Requirements for All Indirect Dischargers, there are some reporting requirements, that apply to
all indirect dischargers (even if they do not have a permit).
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      Table 4-7.  Reporting Requirements for All Indirect Dischargers'
Requirement
Notify the POTW or State of a discharge of wastewater that could cause problems
to the POTW, including slug loading. A slug loading is defined as any relatively
large release of a pollutant that might not ordinarily cause a problem when
released in small quantities.
Notify the POTW or state of substantial change in wastewater discharge.
Notify the POTW, state hazardous waste authorities and EPA Regional Waste
Management Division Director of a discharge of hazardous waste. This is a one-
time notification required of those who discharge more than 15 kg of a hazardous
substance in a month; or if the substance is acutely hazardous and any amount is
discharged . Note: A list of acutely hazardous wastes can be found in 40 CFR
261.30(d) and 261.33(e).
The written notification must include (1) the name of the listed hazardous waste
(as listed in 40 CFR 261); (2) the EPA hazardous waste number; (3) the type of
discharge; and (4) a certification that a program is in place to reduce the amount
and toxicity of the hazardous waste that is generated, to the degree that is
economically feasible.
If discharging more than 100 kg of hazardous waste in one month, the notification
also must include (1) identification of the hazardous waste constituents that are
contained in the waste; (2) an estimate of the mass and concentration of the
constituents in the waste stream discharged during the month; and (3) an estimate
of how much will be discharged in the next 12 months. If any new substance is
listed under RCRA and a facility discharges the substance, the facility must notify
the authorities cited above within 90 days of the new listing.
Additional Requirements
Time Frame
Immediately (40
CFR 403.12(f)).
Prior to the
change.
One-time
notification for
each hazardous
waste discharge
[40 CFR
403.12(p)].
As specified by
POTW
Private Wastewater Treatment

Sometimes, a food processing facility may discharge to a sewer that is owned and/or operated
by a private industrial treatment plant.  The private plant is not considered a POTW and is not
required to implement a pretreatment program for indirect dischargers as described above.
However, the plant may have requirements of its own that apply to the discharge of wastes.
3  In addition to the requirements listed for all industrial dischargers in Table 4-7, all SILJs (and most food
   processors will be SILJs as a result of their high strength waste stream) are required to submit once every six
   months a description of the nature, concentration and flow of the pollutants required to be reported by the
   control authority (either the POTW or the State/EPA).
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How to Comply If You Are  an  Indirect Discharger

         Obtain a copy of the state and/or local sewer use regulations or ordinance by
         contacting your state and/or local POTWto determine what requirements apply to
         your facility.

         Contact the POTW or state to determine whether your facility must obtain a permit.
         Even if you are not required to obtain a permit, you may be required to obtain
         approval foryourwastewater discharge.

    •  •   Meet, at a minimum, the federal general pretreatment standards if you are an
         indirect discharger (even if your POTW does not require a permit).

         Verify whether your wastewater discharge is meeting the effluent limits in your permit
         (if you have one) and that your facility is not discharging any prohibited pollutants (see
         Section 4.4.1 Pretreatment Requirements) to the POTW.

         Conduct monitoring, reporting,  and recordkeeping activities for your industrial
         wastewater discharge.  Maintain records for all samples collected for monitoring
         activities for at least three years. These records, which should be available for review
         at any time, must include:

            -  Date, place, method, and time of sampling and the names of the person(s)
               taking the samples

            -  Date(s) the laboratory performed the analyses and the analytical methods
               used

            -  Laboratory that performed the analyses

            -  Results of the analyses.

    •  •   Notify the state or POTW (see Table 4-7):

            -  Immediately of a discharge of wastewater from your facility that could cause
               problems to the POTW,  including slug loading

            -  Promptly prior to any substantial change in your wastewater discharge

            -  Of a hazardous waste discharge from your facility.  You also are required to
               notify state  hazardous waste authorities and the EPA Regional Waste
               Management Division Director.


4.4.2    Calculating Your Surcharge

Even if permits are not required, wastewater treatment by POTWs costs  money, and most
treatment works charge according to the volume of sewage treated.  Many POTWs charge flat
rates per unit flow and pollutants, regardless of concentration.  Other POTWs may charge extra

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if the waste load exceeds certain specified levels. This extra charge is called a surcharge.
Surcharges are used for pollutants that typically can be treated at the wastewater treatment
plant such as BOD and TSS (two pollutants commonly found in high concentrations at food
processing facilities).

By definition, a surcharge is a charge that is based on the pounds of waste material in industrial
wastewater in excess of normal levels. The surcharge is levied in addition to the normal sewer
service charge which is the regular charge for treating normal strength wastes and is generally
based on volume alone. Because a surcharge typically is based on the pounds of waste above
"normal," there is an economic incentive for facilities to reduce the strength of these wastes. An
example of how to calculate a surcharge is provided below.  Note, even if a POTW uses a
surcharge system, they will also impose a limit, above which you cannot  discharge.

Example Surcharge Calculation4.  The total amount of BOD in your food processing facility's
wastewater (BOD loading) can be calculated by multiplying the BOD concentration by the
amount of effluent as follows:

    Amount of BOD = effluent (million gallons) x BOD concentration x 8.34 (conversion factor)

The monthly surcharge is based  on the amount that the BOD concentration exceeds a specified
level.  Assume your food processing plant discharges 4.0 million gallons  of wastewater per
month with a BOD concentration of 2,500 mg/l and is subject to a surcharge on BOD in excess
of 250 mg/l. To find the monthly  surcharge cost, multiply the excess amount of BOD by the
surcharge rate.

    Amount of BOD subject to surcharge = (2,500 mg/l -250 mg/l) x 4.0Mgal/month x 8.34 =
    75,060 Ibs/month

If the surcharge rate is 100 per Ib of excess BOD, the monthly cost is:

    Surcharge cost = 75,060 Ibs x 100/lb = $7,506.00.

In addition to the charge for excess BOD and TSS, surcharges also may be used for
excessively high levels of COD and TKN.


4.5    How  Do  I  Dispose of Industrial  Sludge?

Industrial sludge is defined as sludge generated at an industrial facility during the treatment of
industrial wastewater with or without combined domestic sewage. The way you choose to
dispose of your industrial sludge  determines how it is regulated:

         The application of industrial sludge to land is regulated under 40 CFR 257.
   North Carolina Agricultural Cooperative Extension Service. "Bank or Drain: Cut Waste to Reduce Surcharges
   for Your Dairy Plant," North Carolina Pollution Prevention Pays Program. CD-26. March 1996. (JWM.)
   Http://www.bae. ncsu.edu/baeprograms/extension/publicat/wqwm/cd26. html/.


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         The disposal of industrial sludge in a municipal solid waste landfill is regulated under
         40 CFR 258. Although pollutant limits are not imposed under this regulation, sludge to
         be disposed of must be nonhazardous, as demonstrated by using the Toxicity
         Characteristic Leaching Procedure (TCLP) and passing a paint filter test. Contact
         your municipal solid waste landfill for more information on industrial sludge disposal
         requirements.

Note: Industrial sludge produced by wastewater treatment processes  at your food processing
facility is not regulated under EPA's biosolids rule (40 CFR 503) which allows beneficial uses
of sludge generated from treatment of domestic wastewater and sludge generated from
municipal wastewater treatment plants.


4.6    How  Do  I  Comply With  Oil Pollution

         Prevention Requirements?


4.6.1      Introduction and  Background

Food processors today use oils for many purposes,  including cooking oil for frying, food grade
hydraulic oil for moving product, and/or diesel fuel for vehicles and as  backup for boilers. Also
several segments of the industry refine and/or process animal and vegetable oils for food and/or
non-food  uses such as soaps, inks, paint or varnish, resins and plastics, lubricants, fatty acid
and other products.  Non-food uses of vegetable oils are increasing with a corresponding
increase in the amounts of these oils being produced and/or stored at refineries and bulk
transportation  facilities. Facilities that store petroleum and nonpetroleum oils (e.g., vegetable
oils and animal fats) must follow Oil Pollution Prevention Regulations,  also known as the Spill
Prevention,  Control and Countermeasures (SPCC) Regulation.

Oil discharges can have a variety of impacts on terrestrial and aquatic ecosystems, and on
human drinking water resources and water treatment plants. Petroleum oil spills can also
create the potential for explosion and fires, that, in turn, may lead to more equipment failures,
mores spills , and may endanger people as well as wildlife. Like petroleum oils, vegetable oils
and animal fats and their constituents can severely harm aquatic and  terrestrial organisms and
their habitats, foul shorelines, clog drinking water treatment plants, upset or disable a
wastewater treatment plants, and catch fire when ignition sources are present.

EPA issued the SPCC regulation in 1973 (40 CFR 112) to address the oil spill
prevention provisions contained in the Clean Water Act (CWA) of 1972.5 The main objective of
the SPCC program is to prevent oil  spills from regulated aboveground and underground storage
tanks from reaching navigable waters of the U.S. or adjoining shorelines (see Section 4.3 Am IA
Direct Discharger? for a definition of navigable waters). In 1990, Congress passed the Oil
Pollution Act (OPA) that amended Section 311 of the CWA to require  "substantial harm" facilities
to develop and implement facility response plans (FRPs) (see Section 4.6.3 Facility Response
  EPA' s Oil Program Center, Office of Emergency and Remedial Response (OERR), is revising the SPCC
  regulation and expects to finalize it in mid-1999.  Some SPCC criteria and other provisions may change as a
  result.  This regulatory revision pulls together changes that EPA has proposed to the SPCC regulation in three
  separate Federal Register notices - one each in 1991, 1993 and 1997.


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Plans).  FRPs help facility owners/operators develop a response organization and identify the
resources needed to respond to an oil spill adequately and in a timely manner.  A unique aspect
of these regulations is that unlike many other EPA programs, EPA may not delegate
implementation of the SPCC regulation and the FRP regulation to state or tribal governments.
States, however, may have their own requirements; therefore be sure to contact your state
agency to find out about applicable requirements.
                                    What is an Oil?

 Oils are defined under several statutes including the CWA and its amendments under the Oil
 Pollution Act (OPA) of 1990.  As a result, overlapping regulatory interpretations exist. For
 this reason, the EPA and the U.S. Coast Guard (USCG) are currently developing a nationally
 consistent program policy and methodology for facilities to determine whether a given
 substance is considered an oil under the existing CWA.

 Under the CWA,  the definition of oil includes oil of any kind and any form, such as petroleum
 and nonpetroleum oils.  Generally, oils fall into the following categories: crude oil and refined
 petroleum products, edible animal and vegetable oil, other oils of animal or vegetable origin,
 and other nonpetroleum oils.

 Many substances are easily recognizable as oils (e.g., gasoline, diesel, jet fuel, kerosene,
 and crude oil). Under the CWA definition, many other substances are considered oils which
 may not be easily recognizable by the industry, including mineral oil, the oils of vegetable and
 animal origin and other nonpetroleum oils.  Therefore, your facility should work closely with
 the EPA and USCG (if applicable) to make determinations for the substances you store,
 transfer, or refine.
                                    Use of Terms: The following terms are used
                                    throughout this section:  "spill," "discharge," and
                                    "release." They are used either as they appear in the
                                    regulations or as seems most appropriate for the
                                    discussion.  Please refer to the regulations for specific
                                    definitions.
EPAs regulation requires facilities
to prepare a plan and implement
measures to prevent and control
spills, regardless of the cause (e.g.,
human operational error, equipment
failure or natural causes, such as
lightning striking a tank).  Facilities
that fully comply with the
requirements reduce the number
and severity of discharges, thereby reducing the high costs of environmental cleanup or the
additional permitting requirements that could be imposed in the event of a discharge. Facilities
that are not in compliance are at greater risk to experience an oil spill that may result in a
discharge into a navigable waterway or adjoining shoreline. The cost of cleanup would not only
include repairing the damage to the facility (e.g., soil removal  or equipment repair), but could
extend beyond the facility's boundaries to affected offsite areas.  Regulatory agencies may
require modifications to operations or revisions to plans.
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4.6.2  SPCC  Requirements

Nontransportation-Related Facilities

The SPCC requirements (40 CFR 112.3 through 112.7) of the Oil Pollution Prevention regulation
apply to nontransportation-related facilities that meet these criteria:

         Could reasonably be expected to discharge oil in harmful quantities into navigable
         waters of the United States or upon the adjoining shorelines, AND
         Have (1) an aboveground oil storage
         capacity of more than 660 gallons in a
         single container; or (2) a total aboveground
         oil storage capacity of more than  1,320
         gallons; or (3) a total  underground storage
         capacity of more than 42,000 gallons.
                                                    Storage Capacity: Remember, the
                                                    requirements apply specifically to
                                                    your storage capacity, regardless of
                                                    whether the tanks are completely
                                                    filled.
                                            According to the SPCC proposed rule
                                            (October 21, 1991; 56 FR 54612), an AST is
                                            a tank or combination of tanks (including the
                                            connecting pipes) used to contain regulated
                                            substances that breaks the natural grade of
                                            the land.
Many facilities have aboveground storage tanks
(ASTs) with storage capacities that meet the above criteria and therefore, must comply with the
SPCC requirements.  In addition to these federal requirements, there are often state and local
requirements for ASTs. These requirements
typically incorporate standards established by
organizations such as the National Fire
Protection Association and the American
Petroleum Institute. Construction, design,
and operation requirements for ASTs are
typically governed by state and local fire
marshals or an environmental officer.  In
addition to consulting with your fire marshal,
you should also check with your state
regulatory agency for information on additional AST requirements.

Your AST system(s) may not be subject to EPAs SPCC regulations (40 CFR 112) if it meets
the following conditions:

         Your onshore or offshore facility which, due to its location, could not be reasonable
         expected to discharge oil into or upon navigable water of the U.S. or adjoining
         shorelines.

         Equipment or operations of vessels or transportation-related facilities (both onshore or
         offshore) are subject to the authority of the Department of Transportation, with certain
         exceptions.6
6  The exceptions are that certain offshore facilities along the Great Lakes, rivers, coastal wetlands, and the Gulf
  Coast barrier islands are subject to EPA's Oil Pollution Prevention regulations, as a result of the Department of
  Interior's (DOI's) redelegation of authority for these facilities to EPA in a Memorandum of Understanding
  among EPA, DOI and DOT, effective February 3, 1994.
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                                                            SPCC-regulated facilities
                                                            must also comply with
                                                            other federal, state, or
                                                            local laws, some of which
                                                            may be more stringent.
If your facility is subject to the SPCC requirements based on the
above description, EPA requires you to prepare an SPCC plan
(see below) and conduct an initial screening to determine
whether you are required to develop an FRP. Those facilities
that could cause "substantial harm" to the environment must
prepare and submit an FRP to EPA for review (see Section
4.6.3 Facility Response Plans).

The SPCC  Plan

The SPCC Plan is a written site-specific description detailing how a facility's operation complies
with 40 CFR 112.  In order to comply with 40 CFR 112, the SPCC Plan must be a carefully
thought out plan, prepared in accordance with good engineering practices and which has the
approval at a level with the authority to commit the necessary resources.

Regulated facilities in existence at the time the regulation went into effect, on January 10, 1974,
were required to have a Plan prepared within 6 months of the effective date of the regulation and
to have fully implemented the Plan within one year of the effective date of the regulation.

Newly constructed facilities must prepare an SPCC Plan within  6 months of the date they
commence  operations and to fully implement the Plan within one (1) year of starting operations.
If you, as facility owner or operator, are unable to implement an  SPCC Plan within this time
frame due to circumstances beyond your control, you may request an extension, in writing, from
the EPA Regional Administrator by following the procedures explained in 40 CFR 112.3(f).

While each  SPCC Plan is unique, certain elements must be included in  order for the SPCC Plan
to comply with the provisions of 40 CFR 112. If a section does not apply to your facility, your
Plan must state this. These elements  include, but are not limited to, the following:

         Professional Engineer (PE) certification: The SPCC Plan must be reviewed and
         certified by a registered PE  who is familiar with the facility and with 40 CFR 112. The
         engineer's name, registration number and state of registration must be included as
         part of the SPCC Plan. The engineer's seal should be affixed to the Plan as part of
         the certification.  By certifying the Plan, the  engineer is attesting that he/she has
         examined the facility and is familiar with the facility, its SPCC Plan and the SPCC
         requirements, and that the Plan has been prepared in accordance with good
         engineering practices. In order to satisfy the requirements of 40 CFR 112.5, all
         subsequent amendments must also be certified by a  PE, as described above.

         SPCC Plan Kept Onsite: If your facility is manned at least 8 hours a day, you are
         required to maintain a complete copy of the SPCC Plan onsite. If the facility is
         manned less than 8 hours a day, the Plan must be kept at the nearest field office that
         is manned.  The Plan must be made available for review by the EPA Regional
         Administrator or his/her representative during normal  business hours.

         Management Approval: The SPCC  Plan have the full approval of management at a
         level with the authority to commit the resources necessary to implement the Plan.
         The appropriate manager's signature should be included in the SPCC plan.
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         Plan Sequence Follows 40 CFR 112: The SPCC Plan must include a complete
         discussion of your facility's conformance with all applicable SPCC requirements and
         shall follow the sequence of 40 CFR 112.7. To help facilities in preparing and
         reviewing SPCC Plans, the EPA Oil Program developed a sample Plan that you may
         obtain from your EPA Regional Office.

         All spill prevention practices used at your facility must be addressed with a complete
         and accurate description included in the Plan.  It is possible that some items in 40
         CFR 112 are not applicable to your facility.  Every item must be addressed in the Plan,
         even if your facility does not have every item.  For example, under facility transfer
         operations, the first item requires that buried piping be protectively wrapped or
         cathodically protected. Some facilities may not have any buried piping. For these
         cases, the SPCC Plan should indicate that there is no buried piping at the facility.

         Spill History: If your facility has experienced one or more spill events within 12
         months prior to January 10, 1974, you should include a written description of each
         spill, corrective actions taken, and plans for preventing recurrence in the SPCC Plan.

         Spill Prediction: Where industry experience indicates a reasonable potential for
         equipment failure, the SPCC Plan should include a prediction of direction, rate of flow,
         and total quantity of oil that could be discharged from your facility as a result of each
         major type of failure. Such failures include, but are not limited to, tank failure due to
         overflow, rupture or leakage; pipeline failure due to rupture or corrosion; leaking
         flanges, gaskets, expansion joints, valves, or catch pans; spills from bulk oil loading or
         unloading operations; and leaks due to other causes, such as failure of wastewater or
         storm water treatment or disposal systems.

         Topographic maps are often useful for predicting and illustrating the direction of flow
         and bodies of water which might be affected by a spill.

         Plan review: The SPCC Plan must be amended whenever there is a change in
         facility design, construction, operation or maintenance which materially affects the
         facility's potential to discharge oil into or upon navigable waters or adjoining shorelines.

         In addition, the owner or operator of a regulated facility, is required to review and
         evaluate the SPCC Plan at least once every three (3) years from the time the facility
         becomes subject to the SPCC requirements. Within six (6) months after this review
         and evaluation, you must amend the SPCC Plan to include more effective prevention
         and control technology:

             -  if such technology will significantly reduce the likelihood of a spill event from
               the facility, and
             -  if the technology has been field-proven at the time of the review.

         In order to satisfy the requirements of 40 CFR 112.5, all such amendments must be
         certified by a PE, as described earlier in this section.

         Amendment by EPA Regional Administrator (RA): After review of the SPCC Plan
         and any other information submitted, the RA may require you to amend the SPCC
         Plan if (1) it does not meet the SPCC requirements or (2) such amendment is
         necessary to prevent or contain future discharges from the facility. The RA will

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         consider any recommendations made by the state agency in charge of water pollution
         control during the review process.  If the RA proposes that the SPCC Plan be
         amended, the RA shall provide written notification to you specifying the terms of the
         proposed amendment. Upon receipt of this notification, you will then have 30 days in
         which to respond, in writing, to the proposal, and offer any additional information,
         arguments or counterproposals.

         The RA will then review all available information and either notify you of any
         amendment required or rescind the original notice. Usually, if an amendment is
         required, it must be made part of the SPCC Plan within 30 days after the final EPA
         notice and implemented as soon as possible, but not later than six (6) months after
         you amend the Plan (unless the RA specifies another date). You may appeal an RAs
         decision regarding any amendment, in writing, to EPAs Administrator within 30 days
         of receipt of the RAs final notice. You must also send a copy of the appeal to the RA.

         Secondary Containment or Contingency Plans: You are required to install
         appropriate containment and diversionary structures or equipment, such as dikes,
         berms, and retaining walls, as described in 40 CFR 112.7, to prevent discharged oil
         from reaching navigable water, unless it can be clearly demonstrated that installation
         of such structures or equipment is  not practical or practicable.  Impracticability
         pertains primarily to those cases where severe space limitations or other physical
         constraints may preclude installation of structures or equipment to prevent oil from
         reaching navigable water. Demonstrating impracticability on the basis of economic
         considerations is not acceptable.

         In the event that such impracticability can be  demonstrated, you must provide the
         following plan and  resources in place of containment structures or equipment:
                                                      Note: FRPs developed by
                                                      substantial harm facilities may
                                                      meet the above requirements
                                                      for an oil spill contingency plan
                                                      (see Section 4.6.3 Facility
                                                      Response Plans).
    - A strong oil spill contingency plan
      following the provisions of 40 CFR 109,
      and

    - A written commitment of manpower,
      equipment and materials required to
      expeditiously control and remove any
      harmful quantities of oil discharged.

Spill Reporting:  First, you must report oil releases to the National Response
Center at 1-800-424-8802 or 703-412-9810 (Washington, D.C. area) (see Section
4.6.4 Oil Spill Notification,  Response, and Recovery).

In addition, the owner or operator of a regulated facility must submit, in writing, certain
information including the SPCC Plan to the EPA RA within 60 days, if the release
meets either of the following conditions:

    - Either a single discharge of more than 1,000 gallons of oil;

    - Or. two reportable  spills/discharges of oil in harmful quantities, during any 12-
      month period,  into or upon navigable waterways, shorelines, etc.
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         The required information includes:

             - Name of the facility;
             - Name(s) of the owner or operator of the facility;
             - Location of the facility;
             - Date and year of initial facility operation;
             - Maximum storage or handling capacity of the facility and normal daily
               throughput;
             - Description of the facility, including maps, flow diagrams and topographical
               maps;
             - The cause(s) of such spill(s), including a failure analysis of the system or
               subsystem  in which the failure occurred;
             - Corrective actions and/or countermeasures taken, including a complete
               description  of equipment repairs or replacements; and
             - A copy of the SPCC Plan and any other information pertinent to the Plan or the
               spill(s).
         A complete copy of all information sent to the RA must also be sent to the state
         agency in charge of water pollution control activities.

         Performance-Based SPCC Requirements: In addition to general requirements, the
         SPCC rule also has performance-based requirements in 40 CFR 112.7 for drainage
         control; bulk storage tanks; tank car and truck loading and unloading racks; various
         onshore and  offshore production facility operations; onshore and offshore oil drilling,
         production, and workover facilities; security; and training.  These specific
         requirements are not discussed further in this guidance. Please refer to 40 CFR
         112.7 for more information.


4.6.3 Facility Response  Plans  (FRPs)

In 1990, Congress passed the Oil Pollution Act
                                                 For more information on FRPs,
                                                 access EPA's Oil Program webpage
                                                 at http://www.epa.gov/oilspill/.
(OPA) which amended Section 311 of the Clean
Water Act to require "substantial harm" facilities to
develop and implement FRPs. EPA's FRP
requirements, which were published as a final rule in
the Federal Register on July 1, 1994, are codified at
40 CFR 112.20 and 112.21 and include Appendices A through F.  Under the FRP requirements,
owners and operators of facilities that could cause "substantial harm" to the environment by
discharging oil into navigable water bodies or adjoining shorelines must prepare plans for
responding, to the maximum extent practicable, to the worst case discharge and to a substantial
threat of such a discharge of oil.

Determination of Response  Plan Applicability
Owners or operators of all facilities subject to the Oil
Pollution Prevention Regulation must familiarize themselves
with the rule to determine whether their facility meets the
"substantial harm" criteria.  Facilities subject to the FRP
requirements under 40 CFR 112.20 are referred to either as
substantial harm facilities or significant and substantial
                                                        Although you don't have to
                                                        submit it to EPA, your facility
                                                        should maintain the Certifica-
                                                        tion of the Applicability of the
                                                        Substantial Harm Criteria with
                                                        your SPCC plan.
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harm facilities.  EPA has different roles when handling the FRPs for these 2 categories of
facilities.  FRPs from substantial harm facilities are reviewed by EPA while FRPs from
significant and substantial  harm facilities are reviewed and must be approved by EPA (see
Figure 4-1 Determination of Response Plan Applicability).  Facilities that do not fall into these
two categories do not have to submit FRPs. Under 40 CFR 112.20 (e), facilities that do not
meet the "substantial harm" criteria must document this determination by completing the
"Certification of the Applicability of the Substantial Harm Criteria Checklist," provided as 40 CFR
112, Appendix C, Attachment C-ll. This certification should be maintained with the facility's
SPCC plan.


         Figure 4-1.  Determination of Response Plan Applicability
                         Facilities Fall Into 3 Categories
                               Nonsubstantial Harm
                                     (Nonsub)
                             No Facility Response Plan
                                     Required
Substantial Harm
(Sub)
1
r
Significant and Substantial
(Sig & Sub)
T
Harm
r
        Facility Response Plan Reviewed    Facility Response Plan Reviewed
                    by EPA                     and Approved by EPA
Substantial Harm Facilities

Facilities that are considered to pose a threat of substantial harm are required to prepare and
submit FRPs.  EPA recognizes two ways in which a facility may be identified as posing a risk of
substantial harm:

    •    Either through a self-determination process (EPA has established criteria located in
         40 CFR 112.20 to assist facilities in making the determination - see below),
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         Or by a determination of the EPA Regional Administrator (RA).

As outlined in 40 CFR 112.20 (f)(1), your facility has the potential to cause substantial harm if:

         Either the facility transfers oil over water to or from vessels and has a total oil storage
         capacity, including both aboveground storage tanks (ASTs) and underground storage
         tanks (USTs), greater than or equal to 42,000 gallons;

         Or the facility's total oil storage capacity, including both ASTs and USTs, is greater
         than or equal to one million gallons and one of the following is true:

             The facility does not have secondary containment for each aboveground storage
             area sufficient to contain the capacity of the largest AST within each storage area
             plus freeboard to allow for precipitation;
             The facility is located at a distance such that a discharge could cause injury to
             fish and wildlife and sensitive  environments;
             The facility is located at a distance such that a discharge would shut down a
             public drinking water intake; or
             The facility has had a reportable spill greater than or equal to 10,000 gallons
             within the last five  years.

EPAs RA may determine whether a particular facility may cause "substantial harm." EPA's RA
may consider factors similar to the self-selection criteria, as well as other factors, including the
type of transfer operations at a facility, the facility's oil storage capacity, lack of secondary
containment, proximity to environmentally sensitive areas or drinking water intakes, and/or the
facility's spill history.  These factors and how they are applied are shown in Figure 4-2 Flowchart
of Criteria for Substantial Harm shown on the next page and also in 40 CFR  112, Appendix C.
The EPA RA will notify your facility if EPA has determined that your facility poses a threat of
"substantial harm."

Significant and Substantial  Harm Facilities
EPA is also required to identify a subset of substantial harm
facilities that could cause significant and substantial harm to
the environment upon a release of oil. EPA bases its
determination on factors similar to the criteria used to determine
substantial harm, as well as the age of tanks, proximity to
navigable water, and spill frequency. Facilities are notified by
EPA in writing of their status as posing significant and
substantial harm. If your facility is notified by EPA, you must
submit your FRP to EPA for review and approval. The RA will
review your FRP and inspect your facility for viability and compliance with the regulations before
EPA approves the plan.
Remember: FRPsfrom
substantial harm facilities
are reviewed by EPA
while FRPs from
significant and
substantial harm facilities
are reviewed and must
be approved by EPA.
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             Figure  4-2.   Flowchart of Criteria  for  Substantial  Harm
        Does the facility transfer oil over
        water to or from vessels and does
        the facility have a total oil storage
        capacity greater than or equal to
        42,000 gallons?
   Yes
                        No
          Does the facility have a total
          oil storage capacity greater
          than or equal to 1 million
          gallons?
Yes
                       No
           NoSubmittalof FRP
        Except at RA Discretion
                           Submit FRP
Within any aboveground storage tank area, does
the facility lack secondary containment that is
able to contain the capacity of the largest
aboveground oil storage tank plus freeboard
to allow for precipitation?
                                                  Yes
                                                                       No
                                                   Is the facility located at a distance1 such that a
                                                   discharge from the facility could cause injury to
                                                   fish and wildlife and sensitive environments 2?
                                                  Yes
                                                                        No
                                                   Is the facility located at a distance1 such that a
                                                   discharge from the facility would shut down a
                                                   public drinking water3 intake?
                                                  Yes
                                                                        No
                                                   Has the facility experienced a reportable oil spill in
                                                   an amount greater than or equal to 10,000
                                                   gallons within the last 5 years?
                                                No
                                                   Yes
                      1 Calculated using the appropriate formula in
                      Appendix C-lll of 40 CFR Part 112 or a
                      comparable formula.

                      2 For further description offish and wildlife
                      and sensitive environments, see Appendices
                      I, II and III to DOC/NOAA's "Guidance for
                      Facility and Vessel Response Plans: Fish
                      and Wildlife and Sensitive Environments: (59
                      FR 14713, March 29, 1994) and the
                      applicable Area Contingency Plan.

                      3 Public drinking water intakes are analogous
                      to public water system as described at 40
                      CFR 143.2(c)
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FRP Development

If it has been determined, either through the self-selection process or by notification from the
EPA RA, that your facility poses a threat of "substantial harm" to the environment, you must
prepare and submit a FRP to the appropriate EPA Regional Office.
To assist you in preparing a FRP, EPA has
prepared and included a "model facility
response plan" in 40 CFR 112.2, Appendix F.
EPA recognizes that many facilities may have
existing response plans prepared to meet
other requirements. Under OPA, you do not
need to prepare a separate FRP provided that
your original response plan:

    (1)   satisfies the appropriate
         requirements and is equally as
         stringent;
    (2) includes all elements described in the
    (3) is cross-referenced appropriately; and
    (4) contains an action plan for use during
            EPA a/so recognizes that many facilities
            have established SPCC plans.  Although
            response plans and prevention plans are
            different, and should be maintained
            separately, some sections of the plans may
            be the same.  Under OPA regulations, you
            are allowed to reproduce or use those
            sections of the SPCC plan in the FRP.
         model plan;

         a discharge.
FRPs must:
         Be consistent with
         the National
         Contingency Plan
         (NCP) and the Area
         Contingency Plans.
The NCP, also called the National Oil and Hazardous
Substances Pollution Contingency Plan, is the federal plan
for responding to both oil spills and hazardous substance
releases. See http://www.epa.gov/ oilspill/ncp for more
information.
         Identify a qualified
         individual having full
         authority to implement removal actions, and require immediate communication
         between that person and the appropriate federal authorities and responders.

         Identify and ensure availability of resources to remove, to the maximum extent
         practicable, a worst-case discharge.

         Describe training, testing, unannounced drills, and response actions of persons at the
         facility.

         Be updated periodically.

         Be submitted for approval with each significant change.
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Deadlines for Preparing and Submitting FRPs7

The time that you have to prepare and submit a FRP will vary depending on several factors,
including the following:

         Notification from EPA Regional Administrator: If EPA notifies your facility that you
         are required to submit a facility response plan, you must prepare and submit a plan
         within six (6) months.

         Newly Constructed Facilities: If your facility is newly constructed, you are required
         to submit the FRP prior to the start of operations. After sixty (60) days, you must
         make adjustments to the FRP to reflect changes that occur during the startup phase
         and resubmitthe FRP.

         Planned Facility Changes: If your facility undergoes a planned change in design,
         construction, operation, or maintenance that places it in the designation of a
         substantial harm facility, then you must submit a FRP prior to the start of
         operations of the portion of your facility undergoing the changes.

         Unplanned Facility Changes: If your facility falls under the substantial harm facility
         designation because of an unplanned event or change in characteristics, then  you
         must submit your FRP within six (6) months of the unplanned event.
Response  Plan Maintenance

Under 40 CFR 112.20(g), facilities must
periodically review their response plans to
ensure consistency with the National Oil
and Hazardous Substances Pollution
Contingency Plan (NCP) and Area
Contingency Plans (ACPs). Consequently,
a facility that is required to prepare a
response plan must review relevant
portions of the NCP and the applicable
ACPs annually and update its FRP as
appropriate.  You must submit revised
portions of your response plan within 60
days of each facility change, that may
materially affect (1) the response to  a
worst case discharge or (2) the
implementation of the response plan.
Area Contingency Plans (ACPs) include
detailed information about resources (e.g.,
equipment and trained response personnel)
available from the government agencies in the
area. They also describe the roles and
responsibilities of each responding agency
during a spill incident. You can order copies of
ACPs from the National Technical Information
Service (NTIS) by calling  1-800-553-6847. To
obtain the NTIS ordering number for your
area's ACP, first call the RCRA/UST,
Superfund and EPCRA Hotline at 1-800-424-
9346 or 703-412-9810.
  The initial statutory deadline for "substantial harm facilities" either to submit FRPS or to stop handling, storing
  or transporting oil was February 18, 1993. EPA's regulatory deadline for "substantial harm facilities" and
  "significant and substantial harm facilities" to submit FRPs or stop handling, storing or transporting oil was
  August 30, 1994, the effective date of the FRP rule.
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Recordkeeping
    FRP Requirements Not Applicable: If you determine that the response planning
    requirements at 40 CFR 112.20 do not apply to your facility, then you must certify and
    maintain a record of this determination using 40 CFR 112, Appendix C, Attachment C-ll.

    FRP Requirements Applicable: If your facility is subject to the response planning
    requirements at 40 CFR 112.20, you are required to maintain the response plan at the
    facility. You are also required to maintain updates to the plan to reflect material changes to
    the facility and to log activities such as discharge prevention meetings, response training
    drills, and exercises. You must keep the records of these activities for a period of five
    years.
Training and  Response Drills
All facilities (i.e., "substantial harm" and "significant and substantial harm" facilities) subject to
facility response planning requirements must address training and response drills. Oil spill
response training is an important element in EPAs oil spill prevention and preparedness efforts.
Because operator error is often the cause of an oil spill, training and briefings are critical for
prevention of a spill as well as response to a spill. Training encourages up-to-date planning for
the control of, and response to, an oil spill and also helps to sharpen operating and response
skills, introduces the latest ideas and techniques, and promotes interaction with the emergency
response organization and familiarity with the facility's SPCC and FRP plans.

Under 40 CFR 112.20(h)(8), FRPs must include:

         Information  about self-inspection drills, exercises, and response training, including
         descriptions and logs of training and drill or exercise program; and

         Documentation of tank inspections, equipment inspections, response training
         meetings, response training sessions, and drills and exercises.

Consequently, FRPs may be revised based on evaluations of the drills and exercises.

    Facility Response Training Programs.
    Under 40 CFR 112.21 of the Oil Pollution
    Prevention regulation, facilities are required
    to develop and implement facility response
    training programs. It is recommended that
    the training program be based on the USCG
    Training Elements for Oil Spill
    Response, as applicable to facility
    operations. An alternative program can also
    be acceptable if approved by the Regional
    Administrator.
      The PREP guidelines (USCG-X0191)
      and the Training Reference for Oil Spill
      Response (USCG-X0188) are available
      by mail or fax:
            TASC Department Warehouse
            3341075th Avenue
            Landover, MD 20785
            FAX: (301) 386-5395
      When requesting copies, please indicate
      the document name and publication
      number.
    Facility Response Drills/Exercises.  Under
    40 CFR 112.21, your facility is also required
    to develop and implement a program of response drills and exercises, including evaluation
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    procedures to test the effectiveness of your response plan. A program that follows the
    National Preparedness for Response Exercise Program (PREP) will meet EPA's exercise
    requirements. An alternative program can also be acceptable if approved by the EPA RA.

4.6.4  Oil  Spill Notification  and Response

Notification - The "One"  Immediate Phone Call to the NRC
               NATIONAL RESPONSE CENTER


                           1 -800-424-8802

                   In the Washington, D.C. area:

                             703-412-9810

            For more information on the NRC, access
                   http://www.epa.gov/oilspill/NRC
    • •   Immediately notify the National Response Center (NRC) of discharges/
       releases of oils and hazardous substances by calling the NRC number.

        If notifying the NRC is not practicable, then immediately notify the pre-designated On-
        Scene Coordinator of EPA or the USCG.  (This means that you must know who your
        designated On-Scene Coordinator is before the release or discharge occurs.)

        As required by the relevant Area Contingency Plan, report spills to the state, the tribal
        government, the territory or commonwealth where the spill occurred.

When an oil spill enters into or threatens any navigable water in the United States, coordinated
teams of local, state, and national personnel are called upon to help contain the spill, clean it up,
and assure that damage to human health and the environment is minimized. EPA has
established requirements for reporting spills into navigable waters or adjoining shorelines.
Specifically, facilities are required to report discharges of oil in quantities that may be harmful to
public health or welfare or the environment.

EPA has determined that discharges of oil in quantities that may be harmful include those that:

        Violate applicable water quality standards;

        Cause a film or "sheen" upon or discoloration of the surface of the water or adjoining
        shorelines.
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         Cause a sludge or emulsion to be deposited beneath the surface of the water or upon
         adjoining shorelines.

Also see related notification and reporting requirements for the discharge/release/spill of
hazardous substances under EPCRA and CERCLA summarized in this guide in Section 7.3
Emergency Release Notification. For a quick, multimedia reference guide to the
notification requirements under CWA, OPA,  RCRA, EPCRA, CERCLA, CAAand OSHA, see
Section 9.3 Notification and Response Requirements
                                   You should also be aware of state, tribal, and local
                                   requirements for spill reporting. For example, there
                                   may be a requirement to report all spills meeting
                                   certain quantity thresholds even if the spill does not
                                   leave the contained area.
Any person in charge of a vessel or
onshore or offshore facility should
notify the National Response
Center (NRC) at 1-800-424-8802 or
703-412-9810 (Washington, D.C.
area) as soon as he/she had
knowledge of a discharge from a
vessel or facility. Spills or releases of
oil which reach navigable waters or adjoining shoreline (including storm drains) or land areas
which may threaten waterways must always be reported to the NRC.


Reporting  to the  National  Response Center

When you contact the National Response Center, the staff person will ask you
for the following information:

    •  •  Your name, location, organization, and telephone number.
    •  •  Name and address of the party responsible for the incident.
    •  •  Date and time of the incident.
    •  •  Location of the incident.
    •  •  Source and cause of the release or spill.
    •  •  Types of material(s) released or spilled.
    •  •  Quantity of materials released or spilled.
    •  •  Danger or threat posed by the release or spill.
    •  •  Number and types of injuries.
    •  •  Weather conditions at the incident location.
    •  •  Any other information that may help emergency personnel respond to the incident.

The NRC records and maintains all spill  reports in a computer database called the Emergency
Response Notification System (ERNS), which is available to the public. The NRC relays the
spill information to the EPA and U.S. Coast Guard (USCG), depending on the location of the
incident.

Specifically, the NRC notifies representatives of EPA or the USCG, known as On-Scene
Coordinators (OSCs) are notified. The OSC is the federal official charged with directing a spill


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response through the Unified Command/Integrated Command System adopted by EPA and
USCG. This intergovernmental coordinating system encourages, wherever possible, shared
decision making by the federal lead response agency (EPA or USCG), the state(s) and the party
responsible for the discharge/release.

Spill Response

The first and most immediate response is that of your facility.  For this reason, the quantity,
operation, and location of your facility's response equipment and supplies are all critical to
effective oil  recovery.

         SPCC/FRP Regulated Facilities (or Substantial Harm Facilities): Within the
         SPCC-regulated community, facilities that may cause substantial harm to the
         environment or exclusive economic zone based on the quantity and location of their oil
         storage are required to prepare FRPs to ensure that these facilities have the capability
         to response to worst case scenario discharges.  FRPs greatly assist the facility and
         response agencies to expedite and coordinate cleanup efforts.

         Other SPCC Regulated Facilities: It is recommended that all other facilities in the
         SPCC-regulated community be prepared to respond to a spill by identifying control
         and response measures in their SPCC Plans. Every facility should have appropriate
         spill response equipment available and easily accessible. Absorbent pads and
         booms, disposal containers or bags, shovels, an emergency response guidebook,
         and a fire extinguisher are essential components of a spill kit. Portable pumps may
         also be a good investment.  It is also recommended that facilities coordinate with local
         responders, other nearby facilities, and contractors before a spill occurs so that
         response is accomplished most efficiently. Facility personnel, including seasonal
         employees, must be educated and trained in spill response, notification, and oil
         recovery. By being  prepared to respond, the impact of a discharge on human health
         or the environment may be minimized and cleanup costs and fines resulting from
         improper notification or response reduced.

         First Response: In the event of an oil spill, the facility response plan is immediately
         activated.  Depending on  the nature of the spill, local, area, regional, or national plans
         may also be activated.  The OSC will activate these plans if the facility is not equipped
         or capable of handling the response.

         On-Scene Coordinators. The designated OSC from EPA or USCG is responsible for
         determining how to respond to the spill, i.e., determining the resources, both
         personnel and equipment needed. The OSC does this based on his/her assessment
         of several factors, including the following: the magnitude and complexity of the spill;
         the availability of appropriate response equipment and trained personnel; and the
         ability of the responsible party, or local and/or state responders to respond to the spill.

         Although the OSC is responsible for coordinating federal efforts with local, state and
         regional response efforts, in practice the role of the OSC varies.  Depending on the
         OSC's assessment, he/she may do the following: direct the response; direct the
         response in cooperation with other parties; oversee that the responses is conducted
         by other parties; provide limited or periodic oversight; or determine that a federal
         response is not needed.

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         For example, small spills may be cleaned up by the facility (or responsible party) or by
         local response agencies, while larger spills may require regional response efforts.  In
         either cases, the OSC is required to oversee and monitor the spill response to make
         sure that all appropriate actions to prevent threats to human health or the
         environmental are taken. If, however, a facility is handling a smaller spill adequately,
         the OSC may not go to the site.

         Oil Recovery: The OSC, response teams, and a network of experienced agencies
         will decide on the most effective method of cleanup. These agencies must coordinate
         cleanup efforts carefully and efficiently to protect response personnel, recreational
         areas, drinking water reservoirs, and wildlife from the potentially catastrophic effects of
         an oil spill.

         Selecting the best method, or combination of methods, for recovering oil after a spill is
         based on several factors. The type and amount of oil spilled and the water body are
         the most important considerations. The mechanisms most frequently employed to
         control oil spills and minimize their impact on human health and the environment fall
         into four broad categories: (1) mechanical containment or recovery includes booms,
         barriers, skimmers, and sorbent materials; (2) chemical and biological methods
         include dispersants, gelling agents, and biological agents; (3) physical methods
         include wiping, pressure washing, raking, and bulldozing, also scare tactics, such as
         floating dummies,  to keep birds away from a spill area; and (4) natural processes,
         which include evaporation, oxidation, and biodegradation.

For more information, visit EPA's Oil Program at http://www.epa.gov/oilspill/.


4.7   Compliance  Issues  For  Selected  Activities


4.7.1     Land Application  of Wastewater

Land application. Land application is the process of discharging wastewater from an industrial
facility, such as a food processing facility, to land or agricultural crops.  This process can be
beneficial to the crops which utilize the water and the carbohydrates and nutrients in the
wastewater. Land application generally is regulated by the state and may require a permit.  The
permit is designed to regulate contaminants in the wastewater, and  ensure that the wastewater
does not run off into nearby waterways.

Some typical requirements that may be included in a permit for the land application of
wastewater include:

         A "no discharge" requirement prohibiting runoff to waterways

         Prohibitions of land application (including spraying)during wet weather or when the
         ground is frozen

         Monitoring of pollutant levels in the wastewater or sludge

         Limits on the amount of pollutants and the amount of wastewater applied.
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         Installation of monitoring wells and monitoring of groundwater

         Installation of a pretreatment system to pretreat the wastewater before land
         application.

Check with your state regulatory agency for more information on the requirements for land
application of industrial wastewater.

Overland flow treatment system. Some facilities may use an overland flow treatment system
for treating their wastewater. This type of system, which results in discharges to a receiving
water, requires a NPDES permit. Check with EPA or your state regulatory agency for more
information.


4.7.2     Construction  or  Plant Modification  Activities
There are other federal regulations that potentially apply to construction or plant modification
activities at your facility, including regulations addressing wetlands and endangered species.
These are discussed below.

Wetlands. Activities, such as construction or plant modification, at your facility that impact
wetlands may require a permit. Wetlands, which commonly are called swamps, marshes, fens,
bogs, vernal pools, playas, and prairie potholes, are a subset of "waters of the United States" as
defined in Section 404 of the CWA.  The placement of dredge and fill material into wetlands and
other water bodies (i.e., waters of the United States) is regulated by the U.S. Army Corps of
Engineers (Corps) under 33 CFR 328.  The Corps regulates wetlands by administering the
CWA Section 404 permit program for activities that impact wetlands.  EPA's authority under
Section 404 includes veto power of Corps permits, authority to interpret statutory exemptions
and jurisdiction, enforcement actions, and delegating the Section 404 program  to the states.

Because wetlands and the regulations protecting them are dynamic, it is important to check with
the Corps district office even if you think a permit may not be required for your activity. If your
project area includes wetlands, the Corps district office also may suggest that your facility retain
a consultant to  delineate wetland boundaries. In  addition to conducting the wetland delineation,
some wetland consultants also can help with the permit application process.
In addition to federal regulations, some state and local
governments have laws protecting wetlands. Laws may
include those that require permits for construction in
wetlands.  To find out if your proposed activities require a
state permit, contact the appropriate department (e.g.,
state department of water resources, natural resources,
or the environment) in the state where the activities will
take place.
             Some states or local
             governments may have stricter
             wetland regulations than CWA
             Section 404, so if your activity
             does not require a Section 404
             permit (and involves a wetland)
             you still should consult with the
             appropriate state agency.
Endangered or Threatened Species. The federal
Endangered Species Act (ESA), administered by the U.S. Department of Interior's (DOI) Fish
and Wildlife Service (USFWS) and the Department of Commerce's National Marine Fisheries
Service (NMFS), establishes a program for the conservation of endangered and threatened
species and the habitats in which they are found.  State laws or regulations may be more, but
not less restictive, than the federal  ESA or its regulations.
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If you are engaged in, or planning to engage in, activities such as
construction or plant modification, you must be aware if any
endangered or threatened species exist on the property involved, or if
the property is considered part of a listed species' critical habitat. If
neither is the case, the ESA does not apply. However, if the action will
"take" a species or degrade critical habitat, some form of mitigating
action must be taken to prevent harming the species. Contact your
local USFWS endangered species coordinator or talk with a qualified
consultant to clear up any specific questions relating to your facility's activities.
                         The term "take"
                         includes
                         harassing,
                         harming, hunting,
                         killing, capturing,
                         and collecting.
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                   SECTION  5  CONTENTS

5.   How Do I Comply With Safe Drinking Water Regulations?	5-1
    5.1   Introduction  	5-1
    5.2   How Does the Program Work?	5-2
    5.3   How Do I Know If I Am Regulated?	5-2
    5.4   What Are The National Drinking Water Regulations?	5-3
        5.4.1   National Primary Drinking Water Regulations	5-3
        5.4.2   National Secondary Drinking Water Regulations  	5-6
    5.5   Underground Injection Control (UIC) Requirements 	5-6
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 5.   How Do I COMPLY WITH SAFE DRINKING


                   WATER REGULATIONS?

As a food processing facility, you are responsible for the drinking water supplied to your
employees and the water used in food processing operations. The Safe Drinking Water Act
(SDWA) protects the water supply through water quality regulations and source protection, such
as underground injection control (UIC) regulations.  SDWA requirements apply to  all public water
systems (PWSs).  Therefore, it is important that you determine whether you are a PWS, and if
so, which SDWA requirements apply to your water system. This section explains the SDWA
program and how you can comply with the regulations.


5.1    Introduction

The purpose of the SDWA is to protect public health by regulating PWSs and underground
injection. EPA is responsible for writing regulations to carry out the provisions of the Act,
including drinking water standards, monitoring/reporting, and public notification requirements.
The entities that supply public water are responsible for making sure that the water meets EPAs
standards.

SDWA 1996 Amendments. Since being passed by Congress in 1974, the SDWA has been
amended twice, most recently in 1996. The 1996 SDWA Amendments provide:

   (1)  New and stronger approaches to prevent contamination of drinking water. The
        Amendments established a strong new emphasis on preventing contamination
        problems through source water protection, capacity development,  and operator
        certification programs.

   (2)  Better information for consumers, including "right to know."  The Amendments
        specify that the public be provided with or given access to data collected, analyses
        done or implementation strategies developed under new SDWA programs through
        consumer confidence reports and other provisions for improved consumer
        information.

   (3)  Regulatory improvements. Regulatory improvements by EPA include: (a) new risk-
        based contaminant selection; (b) cost-benefit analysis and research for new
        standards; (c) small system technologies, variances, and exemptions; (d) extension
        of compliance time frames; (e) monitoring reforms; and (f) streamlining of
        enforcement processes.

   (4)  New funding for states and communities through a Drinking Water State
        Revolving Fund. One of the most notable features of the new law is the
        authorization for states to use State Revolving Funds (SRFs) for new prevention
        programs, such as source water protection, capacity development, and operator
        certification programs, as well as for the State's overall drinking water program.
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For more information on the SDWA and its 1996 Amendments, see EPA's Office of
Groundwater and Drinking Water website at http://www.epa.gov/OGWDW/.

Additional Requirements. In addition to EPA's SDWA requirements, water used in food
processing operations must meet the Food and Drug Administration (FDA) and the United
States Department of Agriculture (USDA) requirements. The FDA, under its good manufacturing
practice regulations, requires that "any water that contacts food or food-contact surfaces shall
be safe and of adequate sanitary quality" (Current Good Manufacturing Practice in
Manufacturing, Packing, or Holding Human Food, 21 CFR Section 110.37). In addition, the
USDAs Food Safety and  Inspection Service (FSIS) sets standards for activities associated with
the production of meat and poultry products, including standards involving water quality, and
water use and reuse.


5.2    How Does  the Program  Work?

The federal drinking water program may be delegated to states if they meet requirements in the
law and the regulations. This is known as primacy. Fifty-four of 56 states and territories have
been delegated primacy to run the drinking water program. EPA sets standards and provides
guidance, technical assistance,  and some financing to these agencies.  EPA has primacy in
Wyoming, Washington, D.C., and all Tribal Lands, and may also take enforcement action in a
primacy state where the state does not take an enforcement action in response to a violation.
The primacy agency, whether EPA or a state,  is responsible for tracking sample results,
conducting detailed inspections called sanitary surveys, and taking enforcement actions such as
imposing fines and penalties when necessary.


5.3    How Do  I Know If I Am   Regulated?

The SDWA regulations apply to  you if your facility operates a  public water system (PWS) or
receives water from a PWS and provides treatment to it.  Prior to 1996, SDWA defined a PWS
as "a system for the provision to the public of piped water for human consumption if such
system has at least fifteen service connections or regularly serves at least twenty-five
individuals." The 1996 Amendments expanded the means of delivering water to include not only
pipes, but also other constructed conveyances,  such as ditches, waterways, flumes, mine
drains, and canals. Furthermore, if a water supplier provides water to at least twenty-five
individuals or fifteen connections at any time on or after August 6, 1998, the supplier is
considered a PWS.

Public water systems are  divided into three categories:

    •    Community water systems. Generally serve the same people year round (e.g., a
         small town).

         Transient non-community systems. Serve people only for a portion of the time
         (e.g.,  hotels,  restaurants,  or highway rest stops).
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        Non-transient, non-community systems.  Systems that serve at least 25 people for
        over six months of the year, but the people generally do not actually live at the facility
        (e.g., schools or factories).
To understand whether your facility is a PWS, you should know the following information:

    (1) do you or another entity supply the water;
    (2) the number of people served by your system; and
    (3) their pattern of water use.

Your facility is most likely operating a non-transient, non-community water system if your sole
source of drinking water is not from a municipal or district water supplier.
All PWSs must meet the national primary drinking
water regulations (see below). In addition, some
states regulate smaller facilities than EPA. Contact
your state/territory/!ribal government to determine if
any additional requirements that apply to your PWS.
       Note: Even if a state/territory/Tribal
       government does not have primacy for
       the SDWA program, they may have
       additional requirements and should be
       contacted.
5 A   What Are The National  Drinking Water

        Regulations?

Under the SDWA, EPA establishes national primary and secondary drinking water regulations
designed to protect the public health and the aesthetic quality of the water.

        Primary drinking water regulations are health-based and enforceable.

        Secondary drinking water regulations are based on the aesthetic quality of the
        water and are non-enforceable guidelines.

Remember that states have the option to set drinking water standards that are more stringent
than those set by EPA. Contact your state regulatory agency to determine if any additional state
requirements apply to your water system.

5.4.1       National  Primary Drinking Water

              Regulations

Maximum Contaminant Levels  and Treatment Techniques

EPA has established national primary drinking water regulations (NPDWRs). As part of the
NPDWRs, EPA has developed maximum contaminant levels (MCLs) and/or treatment
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techniques (TTs) for more than 80 contaminants, including organics, inorganics,
radionuclides, and microbiologicals.

MCLS are drinking water standards that are based on maximum contaminant level goals
(MCLGs) and other factors.  MCLs are in effect for 72 contaminants. An MCL defines the
amount of that contaminant allowed to be present in the drinking water. MCLs are set based on
known or anticipated human health effects, and the ability of various technologies to remove the
contaminants, their effectiveness, and cost of treatment.  MCLs are enforceable standards,
and therefore, are the levels against which the water samples from regulated systems are
judged for compliance with the regulations. To comply with MCLs, your facility may use any
state-approved treatment.

When it is not economically or technologically feasible to set an MCL for a contaminant (e.g.,
when the contaminant cannot be measured easily), EPA may require use of a particular
treatment technique (TT) instead. A TT is an enforceable procedure or level of technological
performance that PWSs must follow to ensure control of a contaminant. TTs are set for nine
contaminants. The technique specifies the design for part of the drinking water treatment
process (such as filtration or corrosion control) to remove these contaminants and prevent
health problems.  Examples of two TT rules include the following:

         Lead and Copper Rule. The  Lead and Copper Rule (40 CFR 141, Subpart I) is a set
         of treatment technique requirements.  If you operate a community system or non-
         transient, non-community water system, you must comply with these requirements.
         The rule requires all systems which do not meet the specified lead and copper action
         levels at the tap to optimize corrosion control treatment in an effort to minimize the
         levels of these contaminants. The rule has five major components: (1) monitoring, (2)
         distribution system corrosion control, (3) source water treatment, (4) public education,
         and (5) lead service line replacement. Each of these components can be
         considerably complex and you should work closely with your primacy state to
         determine the exact requirements that apply to your system.

         Surface Water Treatment Rule (SWTR).  The SWTR (40 CFR  141, Subpart H),
         promulgated in 1989, applies to all PWSs using surfacewater sources or ground
         water sources under the direct influence of surface water. It includes treatment
         technique requirements for filtered and unfiltered systems that are intended to protect
         against the adverse health effects of exposure to Giardia lamblia, Legionella, as well
         as many other pathogenic organisms. To comply with the monitoring provisions of
         SWTR, PSWs must conduct analyses of total coliforms, fecal conforms,
         heterotrophic bacteria, turbidity, and temperature, as well as measure residual
         disinfectant concentrations.

Contact EPAs Safe Drinking Water Hotline at 1-800-426-4791 or see EPAs website at
http://www.epa.gov/ogwdOOO/methods/swtr_tbl.html for more information.
Monitoring  and Reporting

As a supplier of water, you must collect samples
from your water system, submit them to an EPA or
state-approved laboratory (sometimes known as a
       Some states perform the sampling for
       the regulated systems in their state.
       You must contact your state (or other
       primacy agency) to find out if this
       applies to your system.
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certified laboratory) for analysis, and send the analytical results to the regulatory agency (usually
state or county health department). New PWSs may have to perform initial monitoring more
frequently. The type of analysis performed, the sampling frequency, and the location of the
sampling point vary from system to system and chemical to chemical. Sampling requirements
for all systems can be found in 40 CFR 141.21, 141.22-24, 141.26, 141.35-42, 141.60, 141.74,
141.80, 141.83, and 141.86-88.
Monitoring reports are required to be sent to the
regulatory agency (usually state or county health
department).  These reports must include:
Note: Waivers maybe available from
the state to reduce monitoring
                                                requirements for some contaminants.
         Date, place, and time of sampling and
         name of the person who collected the
         sample(s)

         Identification of the sample (e.g., routine or check sample, raw or treated water)

         Date of analysis, laboratory conducting analysis, name of person responsible for
         analysis, and analytical method used

         Analytical results.

Reporting requirements are found in 40 CFR 141.31-33. 141.35, 141.75, 141.90 and 143.5. If a
problem is detected through sampling, there are immediate retesting requirements that go into
effect and strict instructions for reporting about the problem.

Public Notification and Violations
In addition to reporting to the primacy agency, you must        EpA js revjsjng puMc
notify the public if there is a violation. The timeframes and      notjfjcatjon regulations and is
me hods of public notifica^on differ depending on the kind of     scheduled toypropose them in
violation(s) (e.g., those with acute health risk, non-acute        ^  F  ,, ./goo
health risk, or other kinds) (40 CFR 141.32).  Methods of      I  Ul* rd" Iyyo-	
public notification could include one or more of the following:
direct mail; local newspaper;  local radio and/or television;  hand delivery; or continuous posting in
conspicuous places.  Note: In the event of a violation, you must keep monitoring as
required by the rules.

Violations are divided into two categories: Tier 1  and Tier 2, depending  on the seriousness of the
violation.

    Tier 1 violations. Violations of a drinking water standard require prompt notification.
    (Times vary from "as soon as possible" for acute health  hazards to within 45 days for
    chronic hazards, and are also based on communication mechanisms available to the
    supplier of drinking water.)

    Tier 2 violations. Violations related to monitoring, reporting, or recordkeeping must be
    reported within three months.  In addition to notification when there is a violation, a special
    one-time notification is required concerning the contaminant lead. The lead

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    notification should have been made by June 19, 1988. If you have not made the notification
    yet, contact your primacy agency for assistance.

Recordkeeping

If regulated, your food processing facility must maintain certain records for required periods of
time. These records and time periods are specified in 40 CFR 141.33, 141.75, 141.80 and
141.91. Depending on the types of records, required time periods range from three (3) to ten
(10) years.

5.4.2     National Secondary Drinking Water

            Regulations

National secondary drinking water regulations (NSDWRs) are federal guidelines regarding taste,
odor, color, and certain other non-aesthetic effects of drinking water. As part of the NSDWRs,
EPA developed secondary MCLs for 15 contaminants.  Additional guidelines under the NSDWRs
include those for monitoring, analytical methods, and public notification.

These regulations are not federally enforceable. EPA  recommends them to states as
reasonable goals, but federal law does not require public water systems to comply with them.
States may however, adopt their own enforceable regulations governing these concerns.  To
be safe, check your state's drinking water regulations and contact your primacy agency.

5.5    Underground  Injection  Control  (UIC)

         Requirements
The SDWA UIC program (40 CFR 144-48) is a permit
program designed to protect underground sources of
drinking water by regulating the injection of liquid
waste into five classes (I through V) of injection wells.
EPA may delegate enforcement of UIC requirements to
primacy states.  However, EPA maintains primacy
enforcement authority for all wells in 13 states and
territories, all Tribal Lands, and for some classes of
wells in 7 states.

Your facility is subject to these regulations only if it
injects liquid waste underground, and only under the
following conditions:

         Either your facility maintains a well (or hole) that is deeper than its largest surface
         dimension, where the principal function of the hole is emplacement of fluids;
          Note: Even if a state/territory/Tribal
          government does not have
          primacy for the UIC program, they
          may have additional requirements
          and should be contacted. In
          addition, there also may also be
          local requirements (e.g., county
          health department, building code
          requirements, etc.).
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         Or your facility disposes of non-domestic waste/wastewater (such as laboratory
         waste, industrial waste, storm water) into a subsurface disposal system such as a
         septic system, drainage well, drywell, or cesspool;

         Or your septic system or cesspool is used  solely for the disposal of sanitary waste
         and has the capacity to serve more than 20 persons per day.

If your facility meets any one of these criteria, you are required to obtain UIC authorization by
permit or by rule from your primacy agency to inject liquid waste.  UIC  permits include design,
operating, inspection, closure, and monitoring requirements. Furthermore, wells used to inject
hazardous wastes also must comply with RCRA corrective action standards in order to be
granted a RCRA permit, and must meet applicable RCRA land disposal restriction (LDR)
standards. See Section 8.0 How Do I Comply With the Hazardous Waste Regulations? for more
information on LDR standards.

If your facility disposes of liquid waste by
injection, it is most likely to a Class V well.
These wells are currently authorized by rule,
which means they do not require a permit if they
do not endanger underground sources of drinking
water (USDWs) and meet certain minimum
requirements. Under the conditions of the UIC
regulation, you are required to submit to the primacy agency basic inventory  information about
the Class V injection well, and ensure that the well is
constructed, operated, and  closed in a manner which        \~,          ,  ,.    ~
protects USDWs. The primacy agency may request           If any amount of hazardous
additional information or require a permit in order to ensure      ^s e'./ '^ arge   °f
groundwater quality is adequately protected. Furthermore,       o/ass v wen, you must
many primacy state programs have additional prohibitions or    immediately notify the your
permitting requirements for certain types of Class V injection  |  primacy agency.	
wells.

On July 29, 1998, EPA proposed a rule, 40 CFR Part 144,  Subpart G - Requirements for
Owners and Operators of Class V Injection Wells (63 FR 40586), which focuses on high-risk
Class V injection wells in source water protection areas (SWPAs) that are known to pose the
greatest threat to USDWs.  These high-risk wells include motor vehicle waste disposal wells,
industrial waste disposal wells, and large-capacity cesspools. The proposed regulation would
affect the owners and operators of these wells in SWPAs delineated for community water
systems and non-transient,  non-community water systems that rely on at least one groundwater
source.  For more information, contact EPA's Safe  Drinking Water Hotline at 1-800-426-4791.
Class V wells include shallow
nonhazardous industrial waste injection
wells, septic systems, and storm water
drainage wells.
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                    SECTION  6 CONTENTS

6.   How Do I Comply With Air Regulations?	6-1
    6.1  Introduction  	6-1
    6.2  What is the Clean Air Act?	6-1
    6.3  What Are My Air Emissions and How Do I Manage Them?	6-4
        6.3.1  Identifying and Quantifying Air Emissions	6-4
        6.3.2  Determining Whether Your Facility Meets Federal Regulations	6-7
        6.3.3  Air Pollution Permits  	6-8
    6.4  Risk Management Planning	6-11
    6.5  Air Compliance Issues for Selected Operations	6-14
        6.5.1  Boilers or Steam Generating Units  	6-14
        6.5.2  Air Conditioners/Refrigeration Service and Disposal: Ammonia and
              CFCs	6-17
        6.5.3  Building Renovation/Demolition: Asbestos 	6-19
        6.5.4  Odor Emissions	6-20
Table 6-1.   Major Source Emission Rate Thresholds in Nonattainment Areas  	6-8
Table 6-2.   Federal Emission Standards for NOx (Emission limits for SO2 and PM
           can be found in 40 CFR 60, Subparts D, Db, and DC.)  	6-16
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            6.   How Do I COMPLY WITH AIR

                           REGULATIONS?


6.1    Introduction

This section presents an overview of the Clean Air Act (CAA) and a discussion of the common
air emissions from food processing facilities. Although total air emissions by the food
processing industry typically are less than other manufacturing industries, some sources may
emit sufficient air pollution to be regulated under CAA. This section identifies some common
types of air emissions produced by food processing facilities;  the federal standards that apply to
those emissions; how to calculate your facility's total emissions; how to determine whether your
facility meets federal thresholds for regulations; and discusses when you need an air permit.

6.2    What is the  Clean Air Act?

The federal CAA and the Clean Air Act Amendments (CAAA) of 1990 regulate air pollution in the
United States. The CAA authorizes EPA to codify rules and regulations that will ensure that the
public and the environment will be protected.  Although the CAA is a federal law, state and local
air pollution control agencies do much of the work in carrying out the act. It is important for you
to know all of the applicable federal, state, and local regulations, because in many instances,
state and local regulations may be more stringent than the federal regulations and/or include
additional requirements.
The CAA and the CAAA of 1990 can
be characterized in terms of three
programs:  (1) air quality regulations;
(2) new source performance
standards;  and (3) specific pollution
problems (e.g., hazardous air
pollutant emissions).

Air Quality Regulations

Pursuant to Title I of the Clean Air Act,
EPA has established National Ambient
Air Quality Standards (NAAQS) for six
criteria air pollutants: ozone, sulfur
oxides (SOx), carbon monoxide (CO),
nitrogen dioxide (NO2), particulate
matter (PM), and lead (Pb) (see 40
CFR 50).
    How NAAQS for Criteria Pollutants May
      Affect Food Processing Industries
SO2, NOX, and PM result from the combustion of
fossil fuels (e.g., industrial boilers, see Section 6.5.1
Boilers or Steam Generating Units).  Some
significant sources of particulate emissions result
mainly from solids handling, solid size reduction,
cleaning, roasting, drying, and cooking (e.g., PM10
results from flour, sugar, and other dry ingredients).
Some of the particulates are dusts, but others are
produced by the condensation of vapors ranging in
the low-micrometer or submicrometer particle-size.
VOC emissions may result from fryers (e.g.,
doughnuts, french fries), direct use ofethanol, by-
products of yeast fermentation (ethanol), and from
lubricating oils for machinery.
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Because EPA cannot directly regulate ozone, volatile organic compounds (VOCs) and nitrogen
oxides (NOx), which significantly contribute to the formation of ground level ozone, are regulated
by EPA.  Sulfur oxides are measured in the ambient air as sulfur dioxide (SO2).

EPA has developed two types of standards for these criteria pollutants: the primary standard
protects health, whereas the secondary standard is intended to protect environmental and
property damage. A geographic area that meets or does better than the primary standard is
called an attainment area; areas that do not meet the primary standard are called
nonattainment areas.  Many urban areas are classified as nonattainment for at least one
criteria air pollutant. Nonattainment areas are designated further as marginal, moderate,
serious, severe, or extreme, depending on the amount of effort needed in the nonattainment area
to achieve NAAQS. Failure of a state to meet attainment deadlines results in reclassification of a
nonattainment area to the next higher classification with more stringent control requirements.

New Air Quality Standards for Ozone and Particulates. In July 1997, EPA promulgated new
standards (i.e., NAAQSs) for ozone and particulate matter. As a result of the new standards,
additional areas of the country may be designated as nonattainment for ozone and particulate
matter. Check with your state and local air pollution control authorities to find out if these new
standards affect your facility.  For a list of sources and maps of nonattainment areas,  refer to the
EPAs AIRSWeb site at http://www.epa.gov/airprogm/airs/web/maps.htm/.
State Implementation Plans. Under Title I
of the CAA, all states must prepare a state
implementation plan  (SIP) for achieving
attainment by a specified date (see CAA
Section 110, 42 U.S.C. 7410). While EPA
promulgates rules and regulations that limit
emissions from specific types of facilities
and for specific air pollutants, each state
must promulgate appropriate rules and
regulations through the SIP process,
depending on the state's attainment status.
EPA must approve each SIP, and if the SIP
is not acceptable, EPA can take over
enforcing the CAA (e.g., permitting authority)
in that state (see CAA  Section 110(a)(2), 42
U.S.C. 7410).
  Under Section 110 of the CAA, states are required
  to implement new source review (NSR) provisions
  for nonattainment areas in their SIPs.  Your facility
  is subject to new source review requirements if you
  are a new major source or an existing major source
  with significant modifications to equipment at your
  facility.

  A parallel program that applies to attainment areas
  is the Prevention of Significant Deterioration
  (PSD) which pertains to certain types of stationary
  sources that have the potential to emit more than
  100 tons per year of any regulated pollutant or any
  source that emits more than 250 tons per year of
  any one pollutant. For more information on these
  two programs, see Section 6.3.3 Air Pollution
  Permits.
Existing sources located in nonattainment
areas may be required to install reasonably available control technology (RACT).  PACT is
defined as "devices, systems, process modifications, or other apparatus or techniques that are
reasonably available" in order to obtain attainment status (CAA Section 172).  EPA has
established RACT guidelines for over 30 major source categories of nonattainment pollutants
and has guidelines under development for additional categories. These guidelines are
implemented by the states through their SIPs.  Although EPA has not prepared RACT guidelines
for food processes, such as vinegar generation, a state may develop RACT guidelines or require
major sources to prepare their own RACT requirements. Therefore, RACT guidelines may vary
greatly from state to state: contact your state permitting authority to find out what RACT
guidelines apply to you.
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Under the CAAA, existing sources must install PACT for VOCs and NOx.  In addition, states with
ozone nonattainment areas must revise their SIPs to address various new requirements,
including incremental reductions of VOCs.

New Source  Performance  Standards  (NSPS)

Section 111 of the CAA required EPA to identify categories of new and modified sources that
contribute significantly to air pollution and endanger public health or welfare.  After identifying
approximately 60 source categories (e.g., grain elevators, fossil fuel-fired generators, steam
generating units) that are designated by size as well as type of process, EPA established
uniform, national emission standards known as New Source Performance Standards (NSPS)
in 40 CFR 60. See Section 6.5.1  Boilers or Steam Generating Units for more information about
requirements for fossil fuel-fired generators and steam generators.

These emission standards for categories of major new,  modified, or reconstructed sources are
based on the best available control technology (BACT). EPA is required to consider
economic, energy, and non-air environmental factors in setting NSPS. Note that the NSPS
program sets a minimum level of control for new and modified sources of air pollution.  More
stringent control may be required  under either the  prevention of significant deterioration
(PSD) or the nonattainment pre-construction permitting  programs. See Section 6.3.3 Air
Pollution Permits for more information.

Monitoring, notification, and recordkeeping requirements. Owners and operators of
sources subject to NSPS must meet notification and recordkeeping requirements listed at 40
CFR 60.7.  They must also meet all monitoring requirements as presented in 40 CFR 60.13, or
the applicable subpart.
Specific Pollution  Problems
In addition to NAAQS and NSPS, the CAA requires EPA to address specific pollutants, known as
hazardous air pollutants (HAPs). HAPs, or air toxics, are chemicals that cause serious health
and environmental harm. HAPs are released from stationary sources throughout the country
and from motor vehicles.
Under Title III of the CAA, EPA established National
Emission Standards for Hazardous Air Pollutants
(NESHAP). The list of regulated HAPs can be found
in Section 112(b)(1) of the CAA.  The CAAA further
directed EPA to develop a list of sources that emit
any of the HAPS and to develop regulations for these   a by-producdunng the fermentation
categories of sources.  To date  EPA has listed 188    Procef'"the
hazardous substances and 174 source categories     manufacturing mdustry.
EPA is developing a few MACT
standards for the food processing
industry, such as controls to reduce
acetaldehyde,  which is produced as
and has developed a schedule for the establishment
of emission standards for these sources.  EPA is
developing these emission standards for both new and existing sources based on maximum
achievable control technology (MACT). MACT is defined as the control technology that
achieves the maximum degree of HAP emission reductions, taking cost and other factors into
account (see CAA 112(b)).

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Monitoring, notification, recordkeeping, and reporting requirements. Notification
requirements for NESHAP source categories are listed in 40 CFR 63.9.  (Note: EPA is planning
to revise the notification requirements.)  Monitoring requirements for NESHAP source categories
are presented in 40 CFR 63.8 and recordkeeping and reporting requirements are listed in 40
CFR 63.10.

The state in which your food processing facility operates also may regulate HAPs.  Check with
your state and local air pollution control  authorities to find out if additional or more stringent
standards for HAPs apply to you.


6.3    What Are  My Air Emissions and  How  Do  I

         Manage  Them?

Because your facility emits air pollutants, it is important that you comply with air pollution control
requirements and find methods for reducing air emissions from your facility in order to protect
yourself, your co-workers,  and the quality of air in your community.  There are several steps you
should follow to responsibly manage air emissions from your food processing facility, including:

    • •   Identify the products or processes you use that produce air pollutants

    • •   Calculate all  actual and potential air emissions that your facility emits (This is
         important for determining whether you are a major or minor source and what federal,
         state, and local requirements apply to your facility. See Section 6.3.2 Determining
         Whether Your Facility Meets Federal Regulations for more  information.)

         Check with your state and local air pollution control offices and determine which
         requirements apply to your facility

         Comply with  all applicable regulations, including obtaining the necessary permits.
         (See Section 6.3.3 Air Pollution Permits for more information.)
6.3.1      Identifying and  Quantifying Air Emissions

Your food processing facility may be emitting air pollutants (i.e., criteria, HAPs) from both
process and ancillary operations, such as refrigeration and steam generation. You should
evaluate the processes and ancillary operations at your facility in  order to determine the type and
amount of pollutants released into the air.
After identifying your facility's air pollutant emissions
that are subject to regulation under CAA and state
requirements, you are required by the CAA to
determine the actual amount of air pollutants
generated, as well as your facility's potential to
emit these pollutants. You may need to perform
specific calculations to determine your facility's
        Under Section 112 of the CAA,
        your facility is required for all
        regulated pollutants to calculate
        actual emissions, as well as your
        potential to emit these pollutants.
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actual and potential air emissions to determine which threshold for regulation your facility meets.
See Section 6.3.2 Determining Whether Your Facility Meets Federal Regulations for more
information.

You can calculate your facility's actual emissions and potential to emit by one of two ways: (1)
pollutant by pollutant; or (2) total of all emissions. Calculating emissions for NOx, SO2, PM
generally are done on a pollutant-by-pollutant basis, while total emission calculations for VOCs
and HAPs may be done by calculating total pollutant emissions or pollutant-by-pollutant. In order
to calculate emissions (actual or potential), you must first determine the following:

         The  source (e.g., boiler, reactor, etc);
         What the source does to cause an emission (e.g., burn fuel, react);
         Raw materials or inputs used, and at what rates;
         The  calculation method (e.g., AP-42 Compilation of Air Pollutant Emission Factors,
         stack test, material balance).

Determining Your Facility's Actual Emissions: Actual emissions can be determined by the
following methods: (1) estimates calculated using published emission factors; (2) stack tests;
(3) engineering estimates; or (4) material balance methods.  In general, facilities  may choose
which method  to use when calculating actual emissions; however, the method chosen is subject
to review and approval by the state.

         Emission estimates can be calculated using published emission factors. Published
         emission factors are representative values that attempt to relate the quantity of a
         pollutant released into the atmosphere with the activity associated with the its release.
         These factors usually are expressed as the weight of pollutant divided by a unit weight,
         volume, distance, or duration of the activity emitting the pollutant (e.g., pounds of
         particulate emitted per 1000 gallons of fuel oil burned). Such factors facilitate
         estimation of emissions from various sources of air pollution. In most  cases, these
         factors simply are averages of all available data of acceptable quality, and generally
         are assumed to be representative of long-term averages for all facilities in the source
         category.

         To estimate emissions using published emission factors, use the following general
         equation:

                                E = AxEFx(1-ER/100)

         where E = emissions; A = activity rate (e.g., gallons (in thousands) of fuel oil burned
         per year) EF = emission factor (e.g., pounds of particulate per 1000 gallons of fuel oil
         burned); and ER = overal emission reduction efficiency (%).
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                                              Compilation of Air Pollutant Emission
                                                         Factors (AP-42)
                                              Dryers, roasters, ovens, and other
                                              equipment used by the food processing
                                              industries burn natural gas.  Emissions
                                              from the combustion of natural gas
                                              include nitrogen oxides (NOx), carbon
                                              monoxide (CO), carbon dioxide (COJ,
                                              methane (CH4), nitrous oxide (N20), and
                                              VOCs, as well as some sulfur dioxide
                                              (862) and particulate matter. AP42
                                              Natural Gas Combustion is a good
                                              reference for calculating these emissions.

                                              Fryers (doughnuts, french fries, corn
                                              chips) emit particulate matter and small
                                              amounts of VOC from the deep fat frying
                                              process. See AP42 Snack Chip Deep
                                              Fat Frying for calculating these
                                              emissions.
This general equation for estimating
emissions and many emission
factors are published in EPA's AP-42
document series entitled, Compilation
of Air Pollutant Emission Factors.
AP-42 emission estimates and
factors generally are calculated on a
pollutant-by-pollutant basis. The
extent of completeness and detail of
the emissions information in AP-42
depends upon the availability of
published references. Emissions
from some processes are better
documented than others. AP-42 can
be found at EPA's Technology
Transfer Network (TTN) website at
http://www.epa.gov/ttn/chief/ap42.
html.

Stack tests can be done to measure
short term (e.g., hourly) actual
emissions at a maximum production
rate. EPA prescribes test methods to measure pollutant emissions, and these are
listed in 40 CFR 60, Appendix A.  It is likely that your facility is required to do stack
testing in order to show compliance with NSPS and NESHAP standards as discussed
earlier in this section. Many facilities voluntarily do stack testing if an emission
estimate (see below) is not available, or if it is believed that an emission estimate is
overestimating your emissions. For example, if AP-42 determines that you are a
major source, you may want to use stack tests in order to show that your emissions
are actually lower than the major source category. By demonstrating that your
emissions are too low to be declared a major source, your facility may save time and
money spent on permitting fees, pollution control equipment, and other regulatory
requirements. See Section 6.3.3 Air Pollution Permits for more information.

Engineering estimates use equipment-specific calculations to determine actual
emissions, such as mass transfer calculations, heat transfer calculations, and
distillation calculations, among others.  This type of emission estimation procedure
requires an intimate knowledge of the specific process that generates the emission;
the thermodynamic, physical, and chemical properties of the materials involved; and
experience in the application of the appropriate calculation equations. The desired
results from engineering estimates normally are air pollutant rates per unit time (e.g.,
Ib/hr) emitted from the process or piece of
equipment. When using engineering
estimates, you can calculate total pollutant
emissions or pollutant-by-pollutant.
         When emission factors are not available and
         engineering estimates are not practical, the
         material balance method may be used for
Ethanol is often used to shine
jellybeans. To use material
balance method, subtract the
amount of ethanol emitted as
VOCs from the amount of ethanol
applied initially.
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         determining your emission rates. The basic concept underlying the material balance
         method is that the amount of material entering a process (like cooling or preserving) is
         equal to the amount exiting the process.  Therefore, what you purchase as raw
         material must become part of the finished product, be emitted to the air, released into
         water, be disposed of as waste, or be accumulated in the inventory.  When  using the
         material balance method, you can calculate pollutants by either calculating total
         emissions, or by calculating pollutant-by-pollutant. This method may be preferable for
         some businesses that find the options discussed above to be too costly or otherwise
         impractical.

Determining Your Facility's Potential to Emit. A facility's potential to emit is defined as the
maximum capacity of a stationary source to emit a pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of the source to emit a pollutant,
including  air pollution control equipment and restrictions on hours of operation or the type or
amount of material combusted, stored, or processed, shall be treated as part of its design if the
limitation  or the effect it would have on emissions is federally enforceable (40 CFR 52.21).

To determine your facility's potential emissions, you can use the following calculation:

Potential  emissions (Ibs/year) = Lesser value of uncontrolled or allowable emission rate at
                             maximum capacity x 8760 hours

Please keep in mind that your potential to emit must account for emissions that could have
come from any unused equipment, even if these emissions were not included when determining
the facility's actual emissions.  For example, if your facility has a boiler that operates 24 hours a
day for only 300 days a year, you still must calculate your potential to emit on the assumption
that your  boiler operates all 365 days a year.


6.3.2     Determining Whether Your Facility Meets

             Federal Regulations

A facility's potential to emit pollutants is important in determining how your facility is regulated
under CAA, and whether you must obtain a CAA Title V operating permit. Whether and how you
are regulated depends on several factors including whether your facility is located in a non-
attainment area for a particular criteria pollutant and whether your facility's potential to  emit
meets the threshold for regulation as a major source. Together these will determine whether
you must obtain a Title V permit.
                                                             Note: a facility can be a
                                                             major source for more
                                                             than one pollutant.
Under the CAA, facilities are classified as major or minor sources
based on potential to emit. Generally, a facility is considered a
major source if its potential to emit is 100 tons per year (tpy) of
any criteria pollutant. For facilities in nonattainment areas, the
emission rate threshold for major sources varies by pollutant and
area classification (e.g., moderate, serious, severe). The following table summarizes these
thresholds.  Note: The threshold values decrease as the degree of non-attainment increases
from marginal or  moderate to serious to severe, etc.
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A facility is also a major source if it has the potential to emit 10 or more tpy of any single HAP,
or 25 tpy or more of any combination of HAP emissions.

Based on the above discussion, if your facility meets any of the thresholds shown in Table 6-1,
your facility is classified as a major source, and you must follow the requirements listed below:

     • •   Obtain a Title V operating permit (see Section 6.3.3 Air Pollution Permits).

          If you are a major source in a nonattainment area, you must reduce your emissions
          through the use of Reasonably Available Control Technology (PACT) (see Section 6.2
          What is the Clean Air Act?).

          If you emit HAPs, such as VOCs, check with your state environmental  agency
          because it may regulate other pollutants in addition to those on the federal HAPs list.
   Table  6-1.   Major Source Emission  Rate  Thresholds in  Nonattainment
                                         Areas
Pollutant
Ozone
Carbon monoxide
PM-10
Area Classification1
Marginal or Moderate
Serious
Severe
Extreme
Transport regions not classified as severe or extreme
Moderate
Serious
Moderate
Serious
Threshold2
100 tpy VOCsorNOx
50 tpy VOCs or NOx
25 tpy VOCs or NOx
10 tpy VOCsorNOx
50 tpy VOCs
100 tpy CO
50 tpy CO
100 tpy PM-10
70 tpy PM-10
    EPA has authority to classify SOx, NO2, and lead nonattainment areas by seriousness of the nonattainment problem, in
    order to apply attainment dates and other relevant criteria (CAA Section 172(a)(1)(A). Currently, EPA has no plans to
    establish a classification scheme for SO2 nonattainment areas (56 FR 13545).

 2  In ozone nonattainment areas, the major source threshold applies to VOC or NOx emissions, but not a sum of those
    emissions. For example, a source in a severe nonattainment area that emits 20 tpy of VOCs and 20 tpy of NOx is not
    considered a major source.

Source: Clean Air Handbook 3rd Edition. Government Institutes, Inc. 1998.
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6.3.3     Air  Pollution  Permits

Permits can take several forms. These include the two discussed below - an operating permit
(Title V) and a preconstruction permit, also known as a new source permit.


Permit  Type:  Title V Operating Permit

An operating permit (Title V) will contain all applicable and enforceable control requirements and,
like all permits, will have a defined period of effectiveness. An operating permit serves three
purposes:

    (1)  Provides an inventory of air pollution emission units at sources.  This inventory is used
         by federal, state, and local agencies to plan for either further reductions of air pollution
         or the maintenance of current air quality.

    (2)  Indicates the control requirements to be used to reduce the emissions of pollutants at
         a facility.

    (3)  Identifies how a facility demonstrates compliance.

The Title V operating permit specifies all of the applicable
state and federal requirements, including emission limits;
and recordkeeping, monitoring, and reporting requirements
with which your facility must comply. It also has a defined
period of effectiveness. You must obtain a Title V operating
permit if you are a:

         Major source with the potential to emit 100 or more tpy of any air pollutant in
         attainment areas  (as discussed in Section 6.3.2 Determining Whether Your Facility
         Meets Federal Regulations).

         Major source with the potential to emit ten or more tpy of any one HAP, or 25 tpy of any
         combination of HAPs in attainment areas (as discussed in Section 6.3.2 Determining
         Whether Your Facility Meets Federal Regulations).  Note: a non-major source of
         HAPs may be still be required to obtain a permit under NESHAP, see below.

         Major source subject to nonattainment provisions where lower thresholds apply
         depending on an area's severity classification for ozone, carbon monoxide or
         particulate matter.

         Facility subject to NSPS (40 CFR 60) or NESHAP (40 CFR 61 & 63).

         Facility required to have a pre-construction permit in a nonattainment area or
         prevention of significant deterioration area.

Although operating permits are issued by the states, EPA is authorized to review and approve
the state's permit program, as well as to review and approve each individual permit issued by
the state.

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Monitoring, recordkeeping,
and reporting requirements
for operating permits can be
found at 40 CFR 70.6.

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Minor sources. Generally, there are two types of minor sources: natural minor sources and
synthetic minor sources.

         Natural minor sources are facilities whose potential to emit are below applicable
         thresholds without any restrictions on operations or enforceable control technology. If
         your facility is a natural minor source, you are not subject to major source federal
         requirements.  However, the state may require you to obtain a federally enforceable
         state operating permit (FESOP) (54 FR 27274). These state permits may require
         certain requirements, such as restrictions on production, hours of operation, and
         recordkeeping and reporting provisions.

    •    Synthetic minor sources are considered to be minor sources after installing
         restrictions on operations or enforceable control technlogy. A facility may declare
         itself to be a synthetic minor source if its potential to emit is less than the applicable
         thresholds and the permitting authority approves this declaration.  With this approval,
         the facility accepts emissions limits, or installs control  technology to achieve
         emissions reductions that allow the permitting authority to consider the facility a minor
         source.

Note: There are pollutants that are subject to EPA and/or state regulations regardless of a
source's size. For example, solvent degreasers  (used to clean machinery), are  commonly
subject to regulations regardless of a source's size.

Compliance Assurance Monitoring.  EPA issued its final Compliance Assurance Monitoring
(CAM) rule in October 1997 (40 CFR 64) in order to satisfy the requirements for monitoring and
compliance certification under the Title V Operating Permits program (40 CFR 70) and the
CAAA of  1990. The purpose of CAM is to help owners and operators of facilities to conduct
effective monitoring  of air pollution control equipment. Under CAM, you must monitor the
operation and maintenance of your control equipment in order to evaluate the performance of
control devices and  report whether or not your facility meets established emission standards. If
you find that your control equipment is not working properly, the CAM rule  requires you to take
action to correct any malfunctions and to report such instances to the appropriate enforcement
agency. For more information on CAM, refer to EPAs website at http://www.epa.gov/
ttnuatwl/cam/.
Permit  Type:  Pre-construction

Permit  (also known as a New

Source Permit)

A pre-construction permit is required before a
new major emissions unit(s) can be built in a
nonattainment area. A pre-construction permit is
often called a construction permit or a permit to
install (PTI). Section 110 of the CAA regulates
construction of major new sources or major
modifications of existing sources in
nonattainment areas through its New Source Review (NSR) Program.  Your facility is
       Note: New source review provisions
       (CAA Section 110), which are required
       for state implementation plans, are
       administered independently from new
       source performance standards
       (NSPS), which authorize EPA to identify
       categories of new and modified sources
       that contribute significantly to air
       pollution that endangers human health or
       welfare (CAA Section 111).
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subject to NSR permitting requirements if you are either a new major source or an existing
major source with significant modifications to equipment (e.g., for process operations) at your
facility.  States are required to implement NSR provisions in their SIPs (40 CFR 51).  Each
state's regulations define when a facility is considered a new source.

Under this program, major new sources or major modifications of existing sources in
nonattainment areas must install control technology that will achieve a standard defined as the
Lowest Achievable Emission Rate (LAER).  NSR also requires major new or modified
sources in nonattainment areas to offset their emissions.  You can offset new emissions by
buying or trading emissions reductions from other sources. Most minor new source review
programs do not require offsets, but many require the source to implement the Best Available
Control Technology (BACT).

Minor New Source Review. If you are a new source whose emissions are less than the
threshold(s) for classification as a major, you may still be subject to minor new source review
depending on your state. Because you may be more likely to modify your existing facility rather
than build a  new one, you should understand the regulatory implications of modifying your plant.
Each state  has a federally approved program to regulate minor modifications and minor
new sources.

Prevention of Significant Deterioration. The Prevention of Significant Deterioration (PSD)
program applies to facilities in attainment areas. Under the PSD program, certain types of
stationary sources with the potential to emit more than 100 tons per year of any regulated
pollutant or any source that emits more than 250 tons per year of any one pollutant may be
required to obtain a PSD permit. The permit must be obtained before construction of a major
new source  or a major modification of an existing source takes place.  In order to obtain the
PSD permit, the owner or operator of the
facility must demonstrate that the proposed
source will (1) comply with NAAQS and PSD
increments (listed at 40 CFR 50.21); (2)
employ best available control technology for
regulated  pollutants emitted in significant
amounts,  and (3) have no adverse impact on
other air quality related values. Note: PSD
permitting requirements generally do not
affect many food processing facilities;
however, check with your state
permitting authority.


6.4    Risk Management  Planning

As required  under Section 112(r) of the amended CAA, EPA has promulgated the Risk
Management Program Rule. The rule's main goals are to prevent accidental releases of
regulated  substances and to reduce the severity of those releases that do occur by requiring
facilities to develop risk management programs.  A facility's risk management program must
incorporate three elements: a hazard assessment, a prevention program, and an emergency
response  program. These programs are to be summarized in a risk management plan (RMP)
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In order to obtain a PSD permit, your facility
must demonstrate that it will employ Best
Available Control Technology (BACT).
BACT is defined as the maximum degree of
emission reduction achievable and takes into
account economic, energy, and
environmental factors.

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that will be made available to state and local government agencies and the public. Besides
helping facilities prevent accidents, the rule can improve the efficiency of work operations by
ensuring that workers are trained in proper procedures and by using preventive maintenance to
reduce equipment breakdowns.
Who's Covered. If you have more than a threshold
quantity of any of the regulated substances in a
single process, you are required to comply with the
regulation (40 CFR 68). In terms of this regulation,
process means "manufacturing, storing, distributing,
handling, or using" a regulated substance in any other
way. Ammonia, chlorine, and propane are some of
the regulated substances commonly used by food
processing facilities.  Covered facilities must
comply with the rule by June 21,1999.
                                                  EPA has currently established a list
                                                  of 140 regulated substances
                                                  covered by these CAA regulations.
                                                  These substances were published
                                                  in the Federal Register on January
                                                  31, 1994; EPA amended the list by
                                                  rule, published on December 18,
                                                  1997. EPA may amend the list in
                                                  the future as needed.
                                 A risk management program is similar to OSHA's
                                 Process Safety Management (PSM) program for
                                 highly hazardous chemicals (29 CFR 1910.119) that
                                 became effective in May 1992. The difference between
                                 the programs is the focus. The OSHA regulation is
                                 concerned with worker safety, while EPA's CAA
                                 regulation is concerned with the safety of the
                                 environment and community. For more information
                                 about inventory and reporting requirements for OSHA
                                 hazardous chemicals, see Section 7.4 Hazard Chemical
                                 Inventory and Reporting.
Three levels of compliance.
The risk management planning
regulation (40 CFR Part 68)
defines the activities facilities
must undertake to address the
risks posed by regulated
substances in covered
processes. To ensure that
individual processes are subject
to appropriate requirements that
match their size and the  risks
they may pose,  EPA has
classified them into 3 categories
("programs"):

         Program 1 requirements apply to processes for which a worst-case release, as
         evaluated in the hazard assessment, would not affect the public. These are
         processes that have not had an accidental release that caused serious offsite
         consequences.

         Program 2 requirements apply to less complex operations that do not involve
         chemical processing.

         Program 3 requirements apply to higher risk, complex chemical processing
         operations and to processes already subject to the OSHA Process Safety
         Management  Standard (29 CFR 1910.119).

Risk Management Planning. If your facility has more than a threshold quantity of any of the
140 regulated substances in a single process, you are required to develop a risk management
program and to summarize your program in a risk management plan by June 21,  1999.  If you
are a facility with processes in Program 1, you must carry out the following elements of risk
management planning:
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         An offsite consequence analysis that evaluates specific potential release scenarios,
         including worst-case and alternative scenarios.

         A five-year history of certain accidental releases of regulated substances from
         covered processes.

         A risk management plan (RMP),  revised at least once every five years, that
         summarizes and documents these activities for all covered processes.

Facilities with processes in Programs 2 and 3 must also address each of the following
elements:

         An integrated prevention program to manage  risk. The prevention program will include
         identification of hazards, written operating  procedures, training, maintenance, and
         accident investigation.

         An emergency response program.

         An overall management system to supervise the  implementation of these program
         elements.

Risk Management Plan. If you do not already have a risk  management plan, you should
develop one as soon as possible. Your plan may include some or all of the following elements:

         Documentation of process safety information
         Process hazard analysis information
         Documentation of operating procedures
         Training program  information
         Pre-startup review information
         Maintenance program information
         Management of Change program information
         Accident history
         Emergency response program information
         Worst-case and alternative release scenarios
         Other elements

The plan you submit to EPA will summarize your program and will have to be made available to
the public. (Note: EPAs deadline for determining whether facilities must submit their RMPs to
EPA Headquarters or to the regional offices is June 21,1999.)  Once your plan is submitted, it
will be reviewed for accuracy and completeness. A site visit also may be conducted at your
facility by either EPA, state,  or local officials to determine whether your plan accurately reflects
your risk management program in operation.
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                                         Excerpt from EPA's RMP Brochure for
                                     Operators of Ammonia Refrigeration Systems
                                    Under the Risk Management Program Rule, some
                                    operators of ammonia refrigeration systems will
                                    have to implement a risk management program and
                                    file a risk management plan (RMP) with EPA by
                                    June 21, 1999.  If you store or use a total of more
                                    than 10,000 Ibs of ammonia at your facility in one or
                                    more interconnected tanks, receiver vessels, or
                                    pipelines, you are likely to be subject to this rule. If
                                    you operate two refrigeration systems with adjacent
                                    equipment, consider the total quantity of ammonia in
                                    both systems when determining is this rule applies
                                    to you.  For more information, access this brochure
                                    at http://www.epa.gov/ceppo/or see Section 6.5.2
                                    Air Conditioners/Refrigeration Service and Disposal:
                                    Ammonia and CFCs.
Industry-specific guidance. To
make compliance easier for small
businesses, EPA has worked with
trade associations and other industry
groups to develop a series of industry-
specific brochures that will assist
businesses in creating their risk
management programs.  Of these,
the brochures that may be applicable
to the food processing industry
include those for water treatment
facilities (i.e., publicly owned
treatment works), propane users, and
operators of ammonia refrigeration
systems.  These brochures can be
accessed at EPA's Chemical
Accident Prevention and Risk
Management Planning website at
http://www.epa.gov/
ceppo/.

Model Risk Management Programs. EPA has been working with industry groups to develop
model risk management programs.  One of these is for ammonia refrigeration systems. To
review this model program, refer to EPA's Chemical Accident Prevention and Risk Management
Planning website at http://www.epa.gov/swercepp/acc-pre.htmtfModel Plans/.

Communicating RMP Requirements. The Food Industry Environmental Council (FIEC), a
coalition of more than 50 food processors and trade associations, has developed materials to
assist food processors in communicating with the public about risk management programs.
These communication materials include the following:

         "Backgrounders" on ammonia, chlorine, and propane;
         A computer disk with the shell of a tri-fold brochure and filler language;
         Communication guidelines;
         A question and answer document; and
         A resource and reference document.

The communication packages are available from your food trade association.

For more  information about risk management planning requirements, visit EPA's Chemical
Emergency Preparedness and Prevention Office's webpage at http://www.epa.gov/ceppo/) or
refer to Section 9.2 Emergency Planning and Reporting Requirements. You also may obtain
copies of the rule and a wide variety of technical assistance materials, as well as answers to
your specific questions, from EPA's RCRA/UST,  Superfund and EPCRA hotline at 1-800-
424-9346 or 703-412-9810.
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6.5   Air Compliance  Issues  for  Selected

         Operations

6.5.1      Boilers  or Steam Generating Units

Most food processing facilities have industrial boilers or hot
water heaters for generating steam or hot water for           lf ^ fac///^ st°res fue'oi'
processing, cooking, or sanitation.  Industrial boilers tend to    a"slt*' you ^^^Y Wlth
be smaller in size, subject to more and greater load swings,     eui  o uion c s
operated at a lower capacity factor, and capable of utilizing     regulations,  /-or more
                                                      inTr\mn^Tir\n c&& vj^/"*n/"in A. r\
multiple fuels.  In addition, they often are the only supplier to    -lh  n, P/  t   VT
their site and must be highly reliable.  Coal,  fuel oil, and        'ne U"rollutlon Act
natural gas are the major fossil fuels used by boilers. The       egtv a ion.	
combustion of these fossil fuels produces primarily sulfur
oxides (SOx), nitrogen oxides (NOx) and particulate
emissions nationwide, with minor amounts of VOCs and carbon monoxide.

If your facility has any of the following types of boilers, then you must comply with federal
emission limits for NOx, SO2, and particulates:

    (1)  A fossil fuel-fired or fossil fuel and wood residue-fired steam generator which has a
        heat input rate of more than 250 million Btu and was constructed after August 17,
        1971 (40 CFR 60 Subpart D);

    (2)  An industrial-commercial-institutional (ICI) steam generator which has a heat input
        rate of more than 100 million Btu and was constructed, modified, or reconstructed
        after June 19, 1984 (40 CFR 60 Subpart Db); or

    (3)  A small ICI generator which has a heat input capacity ranging from 10 million Btu to
        100 million Btu per hour or less and was constructed, modified, or reconstructed after
        June 9, 1989 (40 CFR 60 Subpart DC).

As stated above, NOx emissions are common type of emissions from boilers and these
emissions must meet federal limits.  Table 6-2 Federal Emission Standards for NOx
summarizes the federal NOx emission limits for the first two types of boilers listed above.  Refer
to 40 CFR 60,  Subpart DC for information on the third type of boiler listed above. Similar
emission limits for SO2 and particulates can be found in 40 CFR 60 Subparts D, Db, and DC.

State Standards. In addition to the federal emission limits for NOx, SO2, and PM, state and
local governments may have additional or more stringent emission limits. State emission
standards for boilers vary depending on the attainment status of the geographical region as well
as other factors (see Section 6.2 What is the Clean Air Act?). For example, while some states
such as South Dakota defer to federal regulations when setting emission limits for steam
generators, other states implement more stringent regulations. Also states, such as
Pennsylvania and Massachusetts, have implemented NOx emission trading programs that may
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affect different types and sizes of boilers within their states. Contact your state regulatory
agency for more information on state emission limits.

Activities Related to Emission Limits. EPA is leading or participating in several major
activities related to emission limits for NOx and VOCs, which will affect the regulation of steam
generating units.  Chief among these are the Ozone Transport Assessment Group (OTAG) and
the Industrial Combustion Coordinated Rulemaking (ICCR) that are described below:

         Ozone Transport Assessment Group (OTAG). To assist with compliance with
         NAAQS, OTAG is identifying and recommending to EPA cost-effective control
         strategies for NOx and VOCs. OTAG, which is a partnership between EPA, the
         Environmental Council of the States (ECOS), and various industry and environmental
         groups, prepared the Assessment of Control Technologies for Reducing Nitrogen
         Oxide Emissions From Non-Utility Point Sources and Major Source Areas - Appendix
         C. This report provides an overview of NOx control technologies available for non-
         utility, fossil-fuel fired boilers and can be reviewed at EPAs website at
         http://www.epa.gov/ttnotag1/finalrpt/chp5/appc.htm/.

         Industrial Combustion Coordinated Rulemaking (ICCR).  EPA is planning an
         ICCR for ICI combustion sources (e.g., boilers, process heaters, waste incinerators).
         EPA will develop recommendations for federal air emission regulations that address
         the various combustion source categories and pollutants. These regulations will be
         developed  under Sections  111 (NSPS), 112 (NESHAP), and 129 (solid waste
         combustion) of the CAA. Seven categories of ICI combustion sources are listed for
         regulatory development as follows:

             -  Industrial boilers (Sections 111 and 112);
             -  Commercial-institutional  boilers (Sections 111 and 112);
             -  Process heaters (Sections 111  and 112);
             -  Industrial-commercial solid waste incinerators (Sections 111 and 129);
             -  Other solid waste incinerators (Sections 111 and 129);
             -  Stationary combustion turbines (Sections 111 and 112); and
             -  Stationary internal combustion engines (Sections 111 and 112).

         The overall goal  of the ICCR is to reduce the potential for conflicting or duplicative
         regulations for the various combustion source categories, rather than regulating each
         source category individually. This approach will facilitate consistency and produce
         greater environmental benefits at lower cost. For more information on the status of
         ICCR, refer to EPAs website at http://www.epa.gov/ttn/iccr/.
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  Table 6-2. Federal  Emission Standards for  NOx (Emission limits for  SO2
       and  PM can be found in 40 CFR 60,  Subparts  D, Db, and  DC.)
Fossil-Fuel-Fired Steam Generators with a heat input rate > 250 million Btu per hour
constructed or modified after August 17, 1971 (40 CFR 60 Subpart D)
Fuel Type
Gaseous fossil fuel
Liquid fossil fuel1
Solid fossil fuel (mixed with or without wood residue)1
Lignite or lignite and wood residue1
Emission Limit
0.20 Ib/Mbtu
0.30 Ib/Mbtu
0.70 Ib/Mbtu
0.60 Ib/Mbtu
For Industrial-Commercial-lnstitutional Steam Generating Units
with a heat input rate > 100 million Btu per hour
constructed, modified, or reconstructed after June 19, 1984 (40 CFR 60 Subpart Db)
Fuel Type
Natural Gas and distillate oil
1) Low heat release rate
2) High heat release rate
Residual Oil
1) Low heat release rate
2) High heat release rate
Coal
1) Mass-feed stoker
2) Spreader stoker and fluidized bed combustion
3) Pulverized coal
4) Lignite (except lignite mined in ND, SD, or MT)
5) Lignite mined in ND, SD, or MT and combusted in a slag tap furnace
6) Coal-derived synthetic fuels
Duct burner in system:
1) Natural gas and distillate oil
2) Residual oil
Mixtures of coal, oil, or natural gas.
Coal or oil, or a mixture with other fuels.
Natural gas mixed with wood, municipal-type solid waste, or other solid
fuel (except coal).
Coal, oil, or natural gas mixed with by-product/waste.
Emission Limit
0.10 Ib/Mbtu
0.20 Ib/Mbtu
0.30 Ib/Mbtu
0.40 Ib/Mbtu
0.50 Ib/Mbtu
0.60 Ib/Mbtu
0.70 Ib/Mbtu
0.60 Ib/Mbtu
0.80 Ib/Mbtu
0.50 Ib/Mbtu
0.20 Ib/Mbtu
0.40 Ib/Mbtu
Refer to formula defined in
40 CFR 60 Subpart Db;
Section 60.44b.
Refer to formula listed in
40 CFR 60 Subpart Db;
Section 60.44b.
0.30 Ib/Mbtu2
Refer to formula defined in
40 CFR 60 Subpart Db;
Section 40.44b.3
    See 40 CFR 60, Subpart Db Section 60.44 for specific exceptions to these emission limits.
    Does not apply if facility has an annual capacity factor of 10% or less for natural gas and is subject to federally
    enforceable requirement limiting operations to an annual capacity factor of 10% or less.
    Does not apply if facility has an annual capacity factor of 10% or less for coal, oil, and natural gas and subject to federally
    enforceable requirement limiting operations to an annual capacity factor of 10% or less.
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6.5.2    Air  Conditioners/Refrigeration  Service and

            Disposal:  Ammonia and  CFCs


Ammonia

Most food processing facilities use closed loop ammonia refrigeration systems for heat
exchange.  Ammonia is handled as a gas and must be added to refrigeration systems to replace
amounts lost through leaks or because of losses when purging a section of the system for
maintenance. Because ammonia is not a listed air pollutant or classified as one of the 188
hazardous air pollutants, a Title V operating permit for ammonia emissions is not likely to be
required. However, it is possible that ammonia will be subject to state permitting requirements.

Ammonia refrigeration systems are subject to Section 112(r) of the amended CAA, which
mandates EPA to publish rules and guidance for chemical accident prevention.  Ammonia is a
volatile chemical and will be released to air through system filling, relief vents, and leaks in
valves and fittings. All ammonia lost through these means should be reported as fugitive
emissions in a Toxic Release Inventory (TRI) report (40 CFR 372), if the total is over the
threshold amount. See Section 7.5 Toxic Chemical Release Reporting - Section 313 for more
information about TRI reporting.

On January 31,  1994, EPA promulgated a final list of 140 regulated substances and threshold
quantities, which are identified under Section 112(r). According to the final list, ammonia is a
regulated substance if it is at a concentration of at least 20 percent and exceeds the
established threshold quantity of 20,000 Ibs (40 CFR 68). Therefore, if your facility has a
process that uses a 20 percent ammonia solution which exceeds the threshold  quantity
established by EPA, you must develop and implement a risk management plan (RMP) for that
process. See Section 6.4 Risk Management Planning for more information. Fora comparison
of these requirements to similar requirements under other EPA statutes,  see Section 9.2
Emergency Planning and Reporting Requirements.


Chlorofluorocarbons (CFCs)

Your food processing facility may be subject to requirements of the stratospheric ozone
protection program if you  have motor vehicle air conditioners, certain appliances (air
conditioners, refrigerators, and freezers), and industrial process refrigeration units that use
CFCs and other class I and class II substances (see box).
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                                          Ozone-depleting chemicals to be regulated
                                          have been divided into two classes based on
                                          their ozone depletion potential:

                                          Class /includes specified CFCs, halons,
                                          methyl chloroform, carbon tetrachloride,
                                          methyl bromide, and HBFCs. Production of
                                          these chemicals were phased out in  1996,
                                          except for methyl bromide, production of which
                                          will be banned in 2001.

                                          The principal substances included in Class II
                                          are hydrochlorofluorocarbons (HCFCs).
                                          Some HCFCs will be phased out either
                                          partially (HCFC-22, HCFC-1426) or entirely
                                          (HCFC-1416) beginning in 2003. The HCFCs
                                          with the most severe ozone-depleting effects
                                          will be phased out first. Note that the phase
                                          out is for production and importation, not
                                          use. Thus HCFCs can be used as
                                          refrigerants after 2020; however, they may not
                                          be available.
The CAA provides a framework for the
regulation of ozone-depleting substances
such as CFCs to protect the stratospheric
ozone layer. EPA's stratospheric ozone
regulation does the following:

         Bans the use of certain ozone-
         depleting substances in non-
         essential products;

         Requires labels for products
         containing or manufactured with
         regulated ozone-depleting
         substances;

         Bans the production of many of
         these substances
         (see 40 CFR 82).

EPA has established requirements for
servicing and disposal of air-conditioning
and refrigeration equipment that contains
regulated ozone-depleting refrigerants.
These requirements described briefly below
are intended to minimize the release of
such refrigerants to the atmosphere. If you own/operate appliances containing ozone-depleting
refrigerants, you must do the following:

         When opening any appliance containing refrigerants for maintenance, service, repair,
         or disposal, you must have at least one piece of certified, self-contained recovery
         equipment available at your facility.

         Notify EPA that such equipment is available at your facility. This equipment must be
         operated to certain specified standards that minimize atmospheric release of
         refrigerants.

         If your appliances contain 50 or more pounds of refrigerant, you must repair leaks in a
         timely manner. You must maintain records documenting the date and type of all
         servicing performed on the appliance, as well as the quantity of refrigerant added.

         If you  are an appliance owner/operator who adds the refrigerant, you must maintain
         records of refrigerant purchased and added.

         If you  use technicians to service and maintain refrigerant-containing appliances, they
         must be certified by an approved technician certification program.

         If you  employ such technicians, you must maintain records demonstrating compliance
         with the certification requirement (see 40 CFR 82).
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In addition to federal regulations, many state and local governments have enacted legislation and
ordinances limiting the production and use of ozone-depleting substances. Contact your state
permitting authority to find out about all requirements that apply to you. For information about
EPA's Stratospheric Ozone Protection Program [including EPA's Significant New Alternative
Policy (SNAP) program], call the Stratospheric Ozone Hotline at 1-800-296-1996 or visit EPA's
website at http://www.epa.gov/ozone/.


6.5.3     Building Renovation/Demolition: Asbestos

If you are renovating or demolishing a structure on your property, you  have the potential to
release asbestos fibers that can create serious worker health and safety problems.  Asbestos
is an insulation material widely used in the past where fire retardation was required or desirable.
Applications for asbestos include, but are not limited to, floor tiles, ceiling tiles, siding, and
thermal system insulation.  Renovations or demolition activities involving asbestos-containing
materials are regulated by the CAA's NESHAPs (see CAA Section 112; 40 CFR 61, Subpart M).
Although considered a serious health hazard, asbestos is not regulated as a RCRA hazardous
waste.
                                                         The chances for human
                                                         exposure to asbestos are
                                                         highest during maintenance
                                                         work or building demolition.
Asbestos fibers have been linked to serious adverse health
effects from the inhalation of airborne asbestos fibers.
However, if asbestos is present in your facility, it does not
mean that your employees are in danger. As long as the
material containing the asbestos remains in good condition
and is not disturbed, exposure to asbestos fibers is unlikely.
The threat of exposure arises when asbestos-containing
materials are disturbed through repair, renovation, demolition, or natural disturbances, and
asbestos fibers potentially are released. Government regulations now are requiring that
asbestos be phased out of production and use.

If you are planning any renovation or demolition activities, you should assume that most old
building construction materials contain asbestos. Typical asbestos-containing materials include
pipe and duct insulation, fireproofing, roofing materials, floor tile, and transite pipe and sheet
goods. Many other building materials, such as ceiling tiles, wall board, plasters, and fire doors,
may also contain asbestos.

If you are planning any renovation or demolition activity at your facility, you should:

         Contact your regional environmental agency (in some cities or counties,  this may be
         the health department) before renovating or demolishing a  building or structure,
         regardless of whether asbestos-containing material is present or only suspected.

         Remove asbestos-containing materials using only qualified personnel  in accordance
         with all applicable local, state, and federal laws. This material must be removed prior
         to any demolition or renovation activity. It is recommended that you review your
         contractor's employee training records and  licenses.

         Use special handling procedures for asbestos disposal such as asbestos certified
         contractors for assessment and demolition of pre-1980 buildings, as well as posting of
         signs at disposal facilities.

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For demolition activities, many states have a formal notification process before demolition may
begin.  For example, Ohio requires at least a 10 day notice before any demolition or construction
activity begins.  Other requirements may include inspection by a licensed building inspector
before construction or demolition may begin. Check with your state and local authorities to
determine whether additional asbestos requirements apply to you.


6.5.4     Odor Emissions

The combination of a broad regulatory framework, increased sensitivity and demand of the
general public for a clean and pleasant environment, and reduced land areas available for
isolation of industrial operations from the public areas have forced all types of industries
including the food processing industry to control odor emissions. Organic and inorganic
compounds emitted from various food processing operations may become nuisances in your
community when they carry objectionable odors as perceived by the general public.  Though
there are no federal regulations for odor emissions,  you should be aware that there may be state
and local regulations.

There are two basic principles for controlling odors at a food processing plant:

    •  •   Reduction of odors at the generation sources

         Removal of odors from collection air-streams before the odors are discharged into the
         atmosphere.
Odors generated from food processing plants    _       -  ,     ,-
usually are a mixture of various organic and      For more information on odor emissions,
inorganic compounds in low concentrations.     ferto Odor Control and Wastewater
Most of these compounds are reduced          Treatment, published by Water
carbon, nitrogen and/or sulfur compounds.       Environment Federation and American
Typical odorous compounds encountered in     SoaetyofC^IEngmeersdQQS).
food processing operations include
aldehydes, ketones, alcohols, acids,
ammonia, amines, sulfides, mercaptans, and hydrogen sulfide.  In some cases, the odors also
may be caused by VOCs (e.g., VOCs from drying and roasting activities) which are less
biodegradable. The physical and chemical characteristics of specific odors are affected largely
by the types of odor sources. Effective, application-specific air cleaning technologies are
needed to help food processors make their operations environmentally friendly.
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                    SECTION  7  CONTENTS


7.   How Do I Comply With The Emergency Planning and Community Right-to-Know Act
    Regulations?	7-1
    7.1  Introduction  	7-1
    7.2  Emergency Planning	7-3
    7.3  Emergency Release Notification	7-4
    7.4  Hazardous Chemical Inventory And Reporting	7-7
    7.5  Toxic Chemical Release Reporting - Section 313  	7-10
        7.5.1   EPCRA Section 313 Reporting Guidance for Food Processors 	7-10
        7.5.2   EPCRA Section 313 Reporting Requirements	7-11
        7.5.3   How to Estimate Releases and Other Waste Management Amounts .... 7-19
        7.5.4   EPCRA Section 313 Recordkeeping	7-20

Table 7-1.  Guide to Substances Subject to EPCRA	7-2
Table 7-2.  SIC Codes Covered by EPCRA Section 313 Reporting	7-14
Table 7-3.  EPCRA Section 313 Chemicals Commonly Encountered in Food Processing 7-15
Table 7-4.  Activity Categories	7-17
Table 7-5.  EPCRA Section 313 Reporting Activities/Thresholds  	7-18

Figure 7-1.  EPCRA Section 313 Reporting Decision Diagram	7-13
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          7.   How  Do  I COMPLY WITH  THE


    EMERGENCY PLANNING AND COMMUNITY


       RIGHT-TO-KNOW  ACT REGULATIONS?


7.1    Introduction

This section presents an overview of the Emergency Planning and Community Right-to-Know
Act (EPCRA) planning, reporting, and notification requirements for your food processing facility.
Because of concern over the Bhopal tragedy of 1984 and many state and community right-to-
know laws, Congress passed Title III of the Superfund Amendments and Reauthorization Act
(SARA Title III) in 1986. Title III of SARA, also known as EPCRA, establishes requirements for
federal, state, and local governments and industry regarding emergency planning and
"community right-to-know" reporting on hazardous and toxic chemicals. To this end, it requires
industry to report detailed information concerning the use, generation, release, and other waste
management activities of hazardous and toxic materials.

EPCRA is unique compared to other environmental statutes because it does not establish
release limitations, standards of practice, or standards of operation for industry.  The purpose of
EPCRA is to:

        Encourage and support industry's emergency planning for response to chemical
        accidents (in coordination with state and local governments) through emergency
        planning and emergency notification; and
        Provide local governments and the public with
        information about possible chemical hazards in
        their communities by requiring facilities to (1)
        report to their State Emergency Response
        Commissions (SERCs), Local Emergency
        Planning Committees (LEPCs), and local fire
        departments their hazardous chemical
        inventory, and (2) report to federal and state
        authorities their toxic chemical releases and
        other waste management practices.
           Under the emergency planning
           requirements of EPCRA, each
           state governor must appoint a
           SERC. Each SERC in turn
           appoints LEPCs. For addresses
           for these groups, see Appendix
           B of this guide. For more
           information, access http://
           www. epa.gov/ceppo/.
Your facility may be subject to emergency planning, reporting, notification, and response
requirements under EPCRA including:

        Emergency planning (Sections 301-303)
        Emergency release notification (EPCRA Section 304 and Comprehensive
        Environmental Response, Compensation, and Liability Act (CERCLA) Section 103)
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         Hazardous chemical inventory and reporting (MSDS and Tier reporting) (Sections 311
         and 312)
         Toxic chemical release reporting (Section 313).

The particular substances subject to these EPCRA requirements are defined under 3 statutes;
EPCRA, CERCLA, and Occupational Safety and Health  Administration (OSHA). They are
identified using various terms as shown in Table 7-1 below. Also, the types of substances
subject to each of the EPCRA requirements vary.  Refer to the sections indicated in Table 7-1
for more information.
             Table 7-1.  Guide to Substances Subject to EPCRA
Section of the Law
Emergency Planning
EPCRA Sections 301-303
Emergency Release Notification
EPCRA Section 304/CERCLA
Section 103
Hazardous Chemical Inventory
and Reporting
EPCRA Sections 31 1 and 312
Toxic Chemical Release Reporting
EPCRA Section 31 3
Types of Substances Regulated
EPCRA extremely hazardous substances
EPCRA extremely hazardous substances
CERCLA hazardous substances
EPCRA extremely hazardous substances
OSHA hazardous chemicals
Toxic chemicals
CFR Citation
40 CFR 355
40 CFR 355
40 CFR 302
40 CFR 370
29 CFR 1910
40 CFR 372
Keep in mind the following distinctions among the EPCRA sections; EPCRA Sections 301-303,
311, and 312 focus on chemicals present at your facility, whereas EPCRA Section 313 focuses
on chemical manufactured, processed, or otherwise used.  EPCRA Section 304 focuses on
emergency notification of a release of specific substances.

It is important to note that if you eliminate EPCRA chemicals from your operations through
pollution prevention (P2) activities, you also will eliminate the associated planning and notification
requirements.  P2 is an excellent opportunity to decrease your facility's regulatory burden.

Section 7.2 summarizes the principal planning and reporting requirements for EPCRA Sections
301-303. Section 7.3 presents the emergency notification and release reporting requirements
under EPCRA Section 304 and CERCLA Section  103.
Section 7.4 presents the hazardous chemical inventory and
reporting requirements under EPCRA Sections 311 and 312.
Finally, Section 7.5 presents an overview of the EPCRA
Section 313 reporting requirements and estimation of releases
and other waste management quantities. EPA's Office of
Pollution Prevention and Toxics (OPPT)  has developed
substantive guidance for food processors on compliance with
EPCRA 313, entitled,  EPCRA Section 313 Reporting
                New Guidance: For more
                information on EPCRA 313
                requirements, see EPCRA
                Section 313 Reporting
                Guidance for Food
                Processors (EPA 745-R-98-
                011, September 1998).
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Guidance for Food Processors (EPA 745-R-98-011, September 1998). The text in Section 7.5
is excerpted from OPPT's guidance for this industry sector. Please refer to the OPPT guidance
document for additional information.
7.2    Emergency Planning
The emergency planning sections (Sections 301-303) of EPCRA are designed to develop state
and local governments' emergency response and preparedness capabilities through better
coordination and planning, especially
with the local community.
                                   A threshold planning quantity (TPQ) is the
                                   amount of an EHS, in pounds, at a facility that
                                   triggers a reporting requirement. EHSs and their
                                   TPQs are listed in 40 CFR 355.

                                   A reportable quantity (RQ) is the amount of an
                                   EHS or CERCLA hazardous substance released
                                   into the environment within a 24-hour period. RQs for
                                   EHSs are found in 40 CFR 355, Appendices A and
                                   B. RQs for CERCLA hazardous substances are
                                   found in 40 CFR 302, Table 302.4. The RQ for any
                                   other substance is one pound.
Under Section 302 of EPCRA, if your
food processing facility, no matter
how small, has any of the extremely
hazardous substances (EHSs) listed
in 40 CFR 355 in amounts equal to or
in excess of certain minimum
amounts (called threshold planning
quantities [TPQs]), you must
participate in emergency planning
activities.  EHSs typically found at
food processing facilities include
ammonia (for refrigeration), chlorine
(for disinfection),  and nitric and
sulfuric acids (for cleaning). The threshold planning and spill/release reportable quantities (see
side box) for these chemicals are listed below.
          Extremely
    Hazardous Substances

          Ammonia

           Chlorine

          Nitric Acid

         Sulfuric Acid
                                 Threshold Planning
                                   Quantity (Ibs)

                                        500

                                        100

                                       1,000

                                       1,000
 Reportable
Quantity (Ibs)

    100

    10

   1,000

   1,000
If your facility has any of the EHSs onsite
in quantities equal to or greater than the
TPQs, you must notify the SERC and
LEPC within 60 days after the EHSs are
present in these quantities. For more
information on EPCRA Section 302
reporting requirements, contact the
RCRA/UST, Superfund and EPCRA
Hotline at 1-800-424-9346 or 703-412-
                                       Blended Chemicals: When calculating
                                       amounts of blended chemicals, it is important
                                       to note that only the specific portion of the
                                       blend which contains the EHS is counted, not
                                       the whole blend. For example, 100 Ibs of a 20
                                       percent chlorine compound counts as 20 Ibs,
                                       not 100 Ibs, of chlorine.
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9810, or access EPA's Chemical Emergency Preparedness and Prevention Office homepage at
http://www.epa.gov/ceppo/.


7.3    Emergency  Release  Notification

The emergency release notification requirements set out in EPCRA and CERCLA enable
federal, state, and local authorities to effectively prepare for and respond to chemical accidents.
The release notification requirements differ slightly
between the two laws, but the requirements are
interrelated as explained below. Releases of both
                                               What is the NRC? The primary function of
                                               the National Response Center (NRC) is to
                                               serve as the sole national (federal) point of
                                               contact for reporting all oil, chemical, and
                                               other discharges into the environment
                                               anywhere in the U.S. and its territories. For
                                               more information on the NRC, access
                                               http://www. epa.gov/oilspill/.
EPCRA EHSs and CERCLA hazardous
substances are reportable under EPCRA Section
304, whereas only releases of CERCLA hazardous
substances are reportable under CERCLA.
Another difference between the statutes is EPCRA
requires that Section 304 release notifications be
provided to SERCs and LEPCs, whereas CERCLA
requires that Section 103 release notifications be
provided to the National Response Center (NRC).

Releases and Reportable Quantities. The first step in determining if release notification
requirements are triggered is assessing whether or not a release has occurred.  Under EPCRA,
a release is as any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping, or disposing into the environment, including abandonment or
discharging of barrels, containers, and other closed receptacles containing any hazardous
substance, pollutant, or contaminant. EPCRAs definition includes releases of both EPCRA
EHSs and  CERCLA hazardous substances (40 CFR 355.20), and EPCRA Section 304 carries
an additional requirement that a facility must produce, use, or store the substance in order to
have a reportable release. The list of EHSs can be found at 40 CFR 355, Appendices A and B.
The term hazardous substance is defined in CERCLA 101(14), and these substances are
listed in 40 CFR 302, Table 302.4.

In order for a release of a EHS or CERCLA hazardous substance to be reportable, a certain
amount must be released into the environment within a 24-hour period. This amount, called the
reportable quantity (RQ), triggers emergency release notification requirements.  For each
CERCLA hazardous substance and EHS identified, EPA has designated  a reportable quantity
(RQ) of 1, 10, 100, 1,000, or 5,000 pounds. Reportable quantities are listed in 40 CFR 355,
Appendices A and B.

Notification. In order to ensure proper and immediate responses to potential chemical
hazardous, EPCRA Section 304 requires facilities to notify SERCS and LEPCs of releases of
EPCRA EHSs and CERCLA hazardous substances when the release equals or exceeds the
RQ (EPCRA 304(a)).  To trigger EPCRA Section 304  notification, there must be:

        A facility at which a hazardous chemical is produced, used, or stored; AND (all of the
        following)
        A release


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         Of an EHS or CERCLA hazardous substance
         Into the environment
         With a potential to affect human health and the environment offsite
         That equals or exceeds a reportable quantity
         Within a 24-hour period.

The LEPCs and SERCs will coordinate response activity to your spill or accident, and prevent
harmful effects to the public. These agencies also may provide instructions to you regarding
appropriate response procedures.

Additionally, when there is a release of a CERCLA hazardous substance in an amount equal to
or in excess of the RQ for that substance (CERCLA 103(a), 40 CFR 302.6), CERCLA requires
the person in charge of a vessel or facility to immediately notify the National Response Center
at 1-800-424-8802.  There are six specific conditions that must be met to trigger the CERCLA
requirement for notifying the National Response Center.  There must be a:

         Release
         Of a CERCLA hazardous substance
         Into the environment
         From a vessel or facility
         That equals or exceeds a reportable quantity
         Within a 24-hour period.

Releases That Are Not Reportable. There are several types of releases that are excluded
from the requirements of both EPCRA and CERCLA release notification. These releases were
excluded originally under CERCLA Section 101(22) because they are covered by other
regulatory programs. The regulations found at 40 CFR 355.40(a)(2)(v) extend these statutory
exclusions under CERCLA to the release reporting requirements under EPCRA. Examples of
these instances are included here for your reference (see box).
                  When No Notification Is Required (40 CFR 355.40):

 1.  Releases which result in exposure to persons solely within the boundaries of the facility;

 2.  Federally permitted releases are not reportable [CERCLA Sections 103(a)and (b) and
    EPCRA Section 304(a)(2)(A)];

 3.  Releases that are continuous and stable in quantity and rate (as defined in 40 CFR
    302.8(b));
 4.  Application of pesticide products registered under the Federal Insecticide, Fungicide, and
    Rodenticide Act (CERCLA Section 103(e));

 5.  Releases not meeting the definition of release under CERCLA Section 101(22); and

 6.  Any radionuclide release which occurs naturally in soil.

 It is recommended that you make a notification if there is any doubt of applicability
 because serious fines could result if you are supposed to notify and do not.
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Being familiar with your responsibilities for when to report (and when not to report) will help you
in responding quickly when a release does occur.  When you are required to report, you must
complete the initial notification and follow-up actions as discussed below.
Initial Notification. It is very important to know
which agency(s) to notify and to do so as soon as
practical for any reportable spill. Initial notifications
can be made by telephone, radio, or in person.
Under EPCRA, initial notification is required
immediately (see box) upon discovering a spill.
Thus the person making the report must use good
Although the term "immediately" is not
further defined in the regulations, EPA
generally defines immediate notification
ofLEPCs,  SERCs, and the National
Response  Center as within one hour of
discovery of a reportable spill or
judgement in determining how much time to spend    release.
in collecting information prior to making the
notification. This information should include:

         Chemical name/identity of material(s) released

         Whether the material(s) is an EPCRA extremely hazardous substance (listed in 40
         CFR 355, Appendices A and B) or a CERCLA hazardous substance (listed in 40 CFR
         302.4)

         Estimate of the quantity of any material released

         Time and duration of the release

         Whether the release was to the air, water, and/or land

         Any known or anticipated acute or chronic health risks associated with the
         emergency, and where necessary, advice regarding medical attention necessary for
         exposed individuals

         Proper precautions, such as evacuation or sheltering in place

         Name and telephone number of the person(s) to be contacted for further information.

Follow-up Actions fora Spill or Release. After the initial communication is established with
the appropriate agencies, your facility must provide a written follow-up emergency notice,  as
soon as practicable after the release. The follow-up notice or notices must update information
provided in the initial notice and provide information on actual response actions taken, health
risks associated with the release, and advice regarding medical attention necessary for exposed
individuals.

Your state also may have requirements for notifications and emergency response actions. To
identify the appropriate state agencies, call the RCRA/UST, Superfund and EPCRA Hotline at 1-
800-424-9346 or 703-412-9810.
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7.4    Hazardous Chemical  Inventory And
         Reporting
Moving from the requirements for releases of
EPCRA EHSs and CERCLA hazardous
substances discussed above, this section
addresses the requirements for having EPCRA
EHSs and OSHA hazardous chemicals stored on
your property.
      Review this section carefully. There
      have been several EPA cases against
      food processors for failure to comply
      with EPCRA Section 311 and 312
      requirements.
The hazardous chemical inventory and reporting
provisions outlined in EPCRA Sections 311 and 312 require you to inventory the hazardous
chemicals present onsite at your facility in amounts equal to or in excess of TPQs. This
inventory must contain each hazardous chemical's identity, physical and health hazards, and
location. There are two reporting mechanisms in the hazardous chemical inventory program:

        A one-time notification of the presence of hazardous chemicals onsite in excess of
        threshold levels (EPCRA Section 311); and

        An annual notification detailing the locations and hazards associated with the
        hazardous chemicals found on facility grounds (EPCRA Section 312).

If your facility meets the applicability criteria described below, you are required to submit these
reports to the SERC, LEPC, and local fire department.

Applicability. To be subject to reporting under EPCRA Sections 311 and 312, your facility must
meet the applicability criteria (40 CFR 370.20). Applicability is two-fold.

    (1)  First, your facility must be regulated by the OSHAs Hazardous Communication
        Standard (HCS).

    (2)  Second, your facility must exceed EPA-established thresholds for hazardous
        chemicals onsite at any one time.

OSHAs HCS requires facilities to procure or prepare material safety data sheets (MSDSs) for
the hazardous chemicals found at the facility (29 CFR 1910.1200). In general, the chemicals
regulated by OSHAs HCS pose a hazard to workers using the substances. Any facility that is
required by OSHA to prepare or have available an MSDS for a hazardous chemical is
subject to EPCRA Sections 311 and 312 if the chemical is present onsite at any one time
in excess of threshold levels. There is no list of hazardous chemicals subject to reporting.
The key to determining whether or not a chemical is considered hazardous is the requirement to
have an MSDS.
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Threshold levels.  The threshold level varies depending on how the chemical is classified.

         The reporting threshold for hazardous chemicals that are EPCRA extremely
         hazardous substances (EHSs) is 500 pounds or that chemical's threshold planning
         quantity (TPQ), whichever is lower. EHSs are listed in 40 CFR 355, Appendix A and
         B.

         The reporting threshold for hazardous chemicals that are not EHSs is 10,000 pounds.

Exemptions.  Although OSHA requires MSDSs for a large number of chemicals, there are a
number of exemptions to the OSHA requirement to maintain MSDSs, consequently exempting
them from EPCRA Sections 311 and 312 reporting. These are listed in 29 CFR
1910.1200(b)(6).

In addition, SARA Title III Section 311(e) lists five exemptions from the definition of hazardous
chemical for purposes of compliance with SARA Title III Sections 311 and 312 (40 CFR 370.2).
These exemptions cover chemicals that are either regulated under other programs,  do not
present a hazard during normal use, are chemicals that the community is already aware of, or
are under the control of trained personnel. The exemptions cover:

         Food and Drug Administration (FDA) regulated substances (e.g., any food, food
         additive, color additive, drug, or cosmetic regulated by FDA).
         Solid manufactured items.
         Substances packaged as consumer products.
         Medical and research lab materials.
         Substances used in agricultural operations.

It is important to remember that these exemptions apply to specific chemicals within the scope
of the exemption only, not to all hazardous chemicals at a particular facility.

Section 311MSDS and Hazardous Chemical Inventory Reporting. Under Section 311  of
EPCRA, you must submit a one-time notification identifying the hazardous chemicals
(including EPCRA extremely hazardous substances and OSHA hazardous chemicals) present
at your facility in amounts equal to or in  excess of threshold levels to the SERC, LEPC, and local
fire department (40 CFR 370.21).

To meet the reporting requirement, your facility must submit the following information for each
EPCRA EHS and OSHA hazardous chemical onsite in amounts that equal or exceed the
threshold levels, either:
                                                  MSDSs: Contact your vendor(s)
                                                  to obtain MSDSs for chemicals
                                                  onsite.
An MSDS (or copies of MSDSs); or

A list of the EPCRA EHSs and OSHA
hazardous chemicals grouped by hazard
category. Hazard categories include
immediate health hazard, delayed health hazard, fire hazard, sudden release of
pressure hazard, or reactive hazard. The list must include the hazardous chemical
name or common name and any hazardous component of each hazardous chemical.
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         The information needed for compiling this list can be obtained by examining the
         MSDS for each chemical. Again, the MSDSs or list of hazardous chemicals is a one-
         time submission and there is no form required by EPA. (You should check with your
         SERC and LEPC to see if they have a required form.)

If, after initial reporting, your facility finds that it has a hazardous chemical that is newly covered
in amounts equal to or excess of the threshold level or there has been significant new
information on an already reported chemical, you must update the information reported under
Section 311.  You must supply this supplemental information within 3 months after discovery of
significant new information (40 CFR 370.21 (c)).

Section 312 Tier Reporting. Under Section 312 of EPCRA, your facility must meet an annual
reporting requirement for OSHA hazardous chemicals and EPCRA EHSs in amounts equal to
or in excess of threshold levels.  If equaling or exceeding the threshold levels at any time in the
preceding year, you must submit to the SERC, LEPC, and local fire department an "Emergency
and Hazardous Chemical Inventory Form." This form must be submitted by March 1 and covers
the previous calendar year.

The reporting thresholds are the same as for submission of MSDSs under EPCRA Section 311:
500 pounds or the TPQ (whichever is lower) for EPCRA EHSs and 10,000 pounds for an OSHA
hazardous chemical.  Keep in mind that if you equal or exceed these threshold quantities at any
time during the year, then you are subject to this reporting requirement.  The threshold quantities
should not be considered the average amount of a given chemical onsite during the year.

EPA publishes two types of inventory forms, Tier I and Tier II, for reporting this information.
The Tier I form requires facilities to report general information on the amount and location of
hazardous chemicals. Tier II  forms require more detailed information on each hazardous
chemical.  At a minimum, you must report the information contained in  EPAs Tier I form.

As required by statute, Tier I information includes the general elements  listed below:

         An estimate (in ranges) of the maximum amount of chemicals for each hazard
         category (i.e., immediate health, delayed health, fire, sudden  release, and reactive)
         present at the facility at any time during the preceding calendar year;

         An estimate (in ranges) of the average daily amount of chemicals in each category;
         and

         The general location of hazardous chemicals in each category.

While federal regulations require only the submission of a Tier I     FT~~~   ~    ~~~~
form, EPA encourages, and some states require, the use of the     5om? states nave their
Tier II form. EPA offers assistance in completing the Tier II form     own form and may allow
through its Tier2 Reporting and Inventory System. This system     electronic reporting.
walks you through the preparation of the Tier II reporting form.        Contact your state tor
For more information, access http://www.epa.gov/              | more informatlon-
swercepp/tools.html/.
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7.5   Toxic  Chemical  Release  Reporting-

            Section  3  I 3

Section 313 of EPCRA requires certain designated businesses to submit annual reports
(commonly referred to as Form Rs and Form As) on the amounts of more than 600 EPCRA
Section 313 chemicals and chemical categories released and otherwise managed (40 CFR
372). EPA selects the chemicals based on the potential for acute health effects, chronic health
effects, and environmental effects. The original list of chemicals subject to Section 313
reporting was a combination of chemical lists from the states of New Jersey and Maryland.

All facilities meeting the Section 313 reporting criteria must report the annual releases and/or
other waste management activities (routine and accidental) of EPCRA Section 313 chemicals to
all environmental media. A separate report is required for each listed chemical that is
manufactured (including imported), processed or otherwise used above the reporting threshold.
The reports must be submitted to EPA and State or Tribal governments, on or before July 1, for
activities in the previous calendar year.  The owner/operator of the facility on July 1 is primarily
responsible for the report, even if the owner/operator did not own the facility during the reporting
year.

EPA can modify the list of chemicals, or industry or the  public can petition EPA to modify the list.
Therefore, before completing your annual report, be sure to check the most current list included
with the Toxic Chemical Release Inventory Reporting Forms and Instructions (TRI Forms and
Instructions).  You can request this package from the Resource Conservation and Recovery
Act/Underground Storage Tank (RCRA/UST), Superfund and Emergency Planning and
Community Right-to-Know Act (EPCRA) Hotline at 1-800-424-9346  or 703-412-9810
(Washington,  DC, metropolitan area).
7.5.1     EPCRA  Section 3 I 3 Reporting  Guidance for

            Food  Processors

To assist food processing facilities in complying with the reporting requirements of EPCRA
Section 313 and Section 6607 of the Pollution Prevention Act of 1990 (PPA), EPAs Office of
Pollution Prevention and Toxics (OPPT) has prepared a guidance manual, entitled EPCRA
Section 313 Reporting Guidance for Food Processors (EPA 745-R-98-011, September 1998).
This new guidance supplements the TRI Forms and Instructions, and supercedes EPAs earlier
document, entitled Section 313 Emergency Planning and Community Right-to-Know Act,
Guidance for Food Processors (June 1990). Additional discussion on specific issues can be
found in EPAs current version of EPCRA Section 313, Questions and Answers, which is
available on EPAs TRI website (http://www.epa.gov/opptintr/tri), or by contacting the
RCRA/UST, Superfund and EPCRA Hotline at 1-800-424-9346 or 703-412-9810.

The EPCRA Section 313 Reporting Guidance for Food Processors (9/98) includes the following
changes or additions: 1) more detailed examples and common industry-specific reporting errors;


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2) EPCRA 313 regulations promulgated since 1990; 3) EPA's interpretive guidance on various
issues specific to the food processing industry; and 4) input from the National Food Processors
Association and the Food Industry Environmental Council.  The objectives of the guidance are to
reduce the level of effort expended by those facilities that prepare an EPCRA Section 313 report,
and to increase the accuracy and completeness of the data reported on Form Rs or Form As by
the food processing industry.

OPPT's EPCRA Section 313 Reporting Guidance is an essential, industry-specific compliance
assistance tool. Acquiring it should be a high priority for environmental managers in the food
processing industry. The following sections of this multimedia compliance guide briefly
summarize, excerpt, or cross-reference text, tables and industry-specific examples found in
OPPT's new guidance for food processors. Consult OPPT's guidance for the wealth of detailed
industry-specific examples and the discussions of common reporting errors and compliance
issues.


7.5.2     EPCRA Section 3  I 3 Reporting Requirements

To understand EPCRA 313 reporting requirements, you must first understand how EPCRA
defines the terms, "facility" and "establishment." The term facility is defined as "all buildings,
equipment, structures and other stationary items which are located on a single site or on
contiguous or adjacent sites and which are owned or operated by the same person (or by any
person which controls, is controlled by, or is under common control with such person)."
A facility may contain more than one "establishment." An "establishment" is defined as "an
economic unit, generally at a single physical location, where business is conducted, or services
or industrial operations are performed" (40 CFR 372.3).
                    Common Error: Multi-Establishment Facilities
                             and Agricultural Operations

 Some multi-establishment food processing facilities overlook the fact that they may have to
 submit Form R or Form A reports for chemicals used in agricultural operations.  (See
 EPCRA Section 313 Reporting Guidance (9/98), pages 2-7 and 2-8 for further explanation.)
The following section briefly describes EPCRA Section 313 reporting requirements to help you
determine if these requirements apply to your facility, and if yes, what kind of a report(s) (e.g.,
Form R or Form A) you should prepare. Note the standard report is Form R.  However, to
reduce the reporting burden for small businesses, EPA established an alternative threshold
reporting  level that is discussed later in this section. If your facility does not exceed this level and
meets certain other criteria, then you may file Form A - a Certification Form - rather than Form
R.
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How do you determine if your facility must prepare an EPCRA Section 313 report? The answers
to the following four questions will help you decide:

    1)    Is the SIC Code for your facility included in the list covered by EPCRA Section 313
         reporting?

    2)    Does your facility employ 10 or more full time employees or their equivalent?

    3)    Does your facility manufacture (which includes importation), process, or otherwise
         use EPCRA Section 313 chemicals?

    4)    Does your facility exceed any applicable threshold* of EPCRA Section 313 chemicals
         (either 25,000 pounds per year for manufacturing, or 25,000 pounds per year for
         processing, or 10,000 pounds per year for otherwise use)?

If you answer "No" to any of the first three questions, you are not required to prepare any
Form R or Form A reports.  If you answer "Yes" to all of the first three questions, you must then
address question four. To address question four, you must do the following: a) complete a
threshold calculation for each EPCRA Section 313 chemical at your facility; and then, b) for each
EPCRA 313 chemical exceeding a threshold, you must  submit a Form R or Form A.

To get a clearer picture of the decision making  process,  refer to Figure 7-1 EPCRA Section 313
Reporting Decision Diagram. (This diagram is  identical to the one found in the EPCRA Section
313 Reporting Guidance (9/98), page 2-3.)


Question  I:  SIC  Code  Determination

Facilities with certain SIC codes are covered by EPCRA 313 reporting requirements. These
include SIC Codes shown in the table below (40 CFR 372.22).  For assistance in determining
which SIC code(s) best suits your facility, based on the activities onsite, refer to Standard
Industrial Classification Manual, 1987, published by the  Office of Management and Budget.1
1See EPCRA Section 313 Reporting Guidance (9/98), pages 2-4 and 2-5 for a discussion of SIC codes and codes
of the North American Industry Classification System (NAICS). The NAICS is replacing the SIC system. Dual
systems will be used fora transition period which began in 1997. The NAICS uses six digits (vs. four for the SIC)
which allows for a finer division of industries in a larger economy. Additional information on the NAICS is
available from the U.S. Census Bureau on http://www.census.gov/epcd/www/naics.html.


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        Figure 7-1.  EPCRA Section 3 I 3  Reporting Decision Diagram
          Is your facility's primary SIC code
           included on the EPCRA Section
                    313 list?
                       \
                      Yes
          Does your facility have 10 or more
             full-time employees or the
                   equivalent?
                       \
                      Yes
           Does your facility manufacture,
           process, or otherwise use any
           EPCRA Section 313 chemicals?
                       \
                      Yes
                                                               STOP
                                                             NO EPCRA
                                                       SECTION 313 REPORTS
                                                   REQUIRED FOR ANY CHEMICALS
           Does your facility exceed any of
            the thresholds for a chemical
          (after excluding quantities that are
         exempt from threshold calculations)?
                       \
                      Yes
                       I
         A SECTION 313 REPORT IS NOT
         REQUIRED FOR THIS CHEMICAL
             AN EPCRA SECTION 313
            REPORT IS REQUIRED FOR
                THIS CHEMICAL
                       \
                      Yes
           Is the amount manufactured, OR processed, OR otherwise used less than or equal to
            1,000,000 pounds AND is the reportable amount less than or equal to 500 Ibs/yr?
                      Yes
                                                                 No
               FORM A OR FORM R
             IS REQUIRED FOR THIS
                   CHEMICAL
                   FORM R
             IS REQUIRED FOR THIS
          CHEMICAL (FORM A CANNOT
                BE SUBMITTED)
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     Table  7-2.  SIC  Codes Covered by EPCRA Section  3 I 3 Reporting
SIC CODE MAJOR GROUPS
SIC Codes
10
12
20 through 39
491 1 , 4931 , and 4939
4953
5169
5171
7389
Industry
Metal Mining
Coal Mining
Manufacturing
Electric and Other Services
and Combination Utilities
Refuse Systems
Chemicals and Allied
Products
Petroleum Bulk Stations
and Terminals
Business Services
Qualifiers
Except SIC Codes 1 01 1 , 1 081 , 1 094
Except SIC Code 1241
All SIC Codes
Limited to facilities that combust coal and/or oil
for the purpose of generating electricity for
distribution in commerce
Limited to facilities regulated under RCRA
Subtitle C
None
None
Limited to facilities primarily engaged in solvent
recovery services on a contract or fee basis.
Most food processing facilities are in SIC Major Group 20 (a covered SIC code).  If a food
processing facility meets the employee and chemical activity thresholds in addition to being in a
covered SIC code, it is required to prepare a Form R (or Form A) Report. If your facility has
more than one SIC code (i.e., several establishments with different SIC codes are owned or
operated by the same entity and are located at your facility), then you must determine what is the
primary SIC code for your facility according to criteria set up under EPCRA Section 313
requirements.  (See  EPCRA Section 313 Reporting Guidance (9/98), pages 2-4 to 2-8.)
Question  2:  Number of Employees
If your facility has 10 or more full-time employees or the equivalent, you are required to report
provided that your facility also is in a covered SIC code and meets the chemical activity
threshold for any EPCRA Section 313 chemical.  A full time employee equivalent is defined as a
work year of 2,000 hours.  Therefore, if your facility's employees aggregate 20,000 or more
hours in a calendar year, you meet the employee criterion of "10 or more employees or the
equivalent." Remember to include any part time and seasonal employees in your calculations,
including workers on an adjacent farm that are part of the facility (40 CFR 372.22). (Refer to the
example presented in the EPCRA Section 313 Reporting Guidance (9/98), page 2-10.)
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Question 3:  Chemical Activity Categories

If you answered "Yes" to Questions 1 and 2 above, then you must determine which EPCRA
Section 313 chemicals are "manufactured," "processed," or "otherwise used" at your facility.  You
should prepare a list of all chemicals used by all establishments at the facility, including the
chemicals found in mixtures and trade name products. You should compare your list to the
current list of EPCRA Section 313 chemicals found in the TRI Forms and Instructions for the
reporting year.

OPPT has prepared the following table of EPCRA Section 313 chemicals commonly reported for
the food processing industry. The table has two columns. The first column lists the industrial
process (water treatment, refrigerant uses, reactants, catalysts, etc.), and the second column
lists examples of EPCRA Section 313 chemicals reported by this industry. This list is not all
inclusive; therefore, you should use it only as a guide.  (This table is identical to Table 2-3 in the
EPCRA Section 313 Reporting Guidance (9/98), page 2-11.)
           Table 7-3.   EPCRA Section  3 I 3  Chemicals Commonly
                       Encountered in Food Processing
Process
Water Treatment
Refrigerant Uses
Food Ingredients
Reactants
Catalysts
Extraction/Carrier
Solvents
Cleaning/Disinfectant
Uses
Wastewater Treatment
Fumigants
Pesticides/Herbicides
Chemicals
Chlorine and chlorine dioxide
Ammonia, ethylene glycol, Freon 113, dichlorodifluoromethane, CFC-114,
chlorodifluoromethane
Phosphoric acid, various food dyes, various metals (e.g. zinc, copper,
manganese, selenium, metal compounds) and peracetic acid
Ammonia, benzoyl peroxide, chlorine, chlorine dioxide, ethylene oxide,
phosphoric acid, propylene oxide
Nickel and nickel compounds
n-Butyl alcohol, dichloromethane, n-hexane, phosphoric acid, cyclohexane, and
tert-butyl alcohol
Chlorine, chlorine dioxide, formaldehyde, nitric acid, phosphoric acid, and
1,1,1-trichloroethane
Ammonia, hydrochloric acid aerosols, and sulfuric acid aerosols
Bromomethane, ethylene oxide, propylene oxide, and bromine
Various pesticides and herbicides (e.g., aldrin, captan, 2, 4-D, hydrazine,
lindane, maneb, parathion, zineb, malathion, atrazine, diazinon bromine, and
naphthalene)
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           Table 7-3.   EPCRA Section 3 I 3 Chemicals Commonly
                 Encountered in Food Processing (continued)
Process
Byproducts
Can Making/Coating
Chemicals
Ammonia, chloroform, methanol, hydrogen fluoride, and nitrate compounds
Various ink and coating solvents (e.g. glycol ethers, MEK, toluene, methyl
isobutyl ketone, xylene), various listed metals (e.g. manganese, nickel,
chromium), and various metal pigment compounds (e.g., many pigments
contain copper, barium, chromium, zinc, or lead)
Question 4: Threshold Determinations

After you identify the EPCRA Section 313 chemicals at your facility, then you must evaluate the
activities involving each chemical, and determine if any of these activities meet any of the activity
thresholds. EPCRA Section 313 reporting requirements define three activity categories for each
EPCRA Section 313 chemical.  These include "manufacturing" (which includes importing),
"processing", and "otherwise using."

Brief definitions for the manufacturing (including importation), processing, and otherwise using
appear in the table below.  (This table is identical to Table 2-4 in the EPCRA Section 313
Reporting Guidance (9/98), pages 2-12 and 2-13.)

The EPCRA Section 313 requirements divide each of these activity categories into
subcategories. OPPT's guidance discusses each category and subcategory of activity along
with relevant examples from the food processing industry.  For more information, refer to the
tables in Chapter 3 of the EPCRA Section 313 Reporting Guidance (9/98), pages 3-8, 3-9 and 3-
10.  These tables are,

    Table 3-2 Definitions and Examples of Manufactured Chemicals
    Table 3-3 Definitions and Examples of Processed Chemicals
    Table 3-4 Definitions and Examples of Otherwise Used Chemicals.
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    Activity
   Category
                            Table 7-4.  Activity Categories
                            Definition
 Manufacture
To produce, prepare, import, or compound a toxic chemical. "Manufacture"
also applies to a toxic chemical that is produced coincidentally during the
manufacture, processing, otherwise use, or disposal of another chemical
or mixture of chemicals as a byproduct, and a toxic chemical that remains
in that other chemical or mixture of chemicals as an impurity during the
manufacturing, processing, or otherwise use or disposal of any other
chemical substance or mixture. An example would be the production of
ammonia or nitrate compounds in a wastewater treatment system.
  25,000
 Process
To prepare a listed EPCRA Section 313 chemical, or a mixture or trade
name product containing an EPCRA Section 313 chemical, for distribution
in commerce (usually the intentional incorporation of an EPCRA Section
313 chemical into a product).  For example, zinc compounds may be
processed as an additive in  dog food, and would have to be reported if you
exceeded the reporting threshold. Processing includes the preparation for
sale to your customers (and transferring between facilities  within your
company) of a chemical or formulation that you manufacture.  For
example, if you manufacture a chemical or product, package it, and then
distribute it into commerce,  this chemical has been manufactured AND
processed by your facility.
  25,000
 Otherwise
 Use
Generally, use of a listed EPCRA Section 313 chemical that does not fall
under the Manufacture or Process definitions is classified as Otherwise
Use. A listed chemical that is Otherwise Used is not intentionally
incorporated into a product that is distributed in commerce, but may be
used instead as a  manufacturing or processing aid (e.g., catalyst), in
waste processing,  or as a fuel (including waste fuel). For example,  n-
butyl alcohol used as a carrier solvent for spices is classified as Otherwise
Used.

On May 1, 1997 U.S. EPA revised the interpretation of "otherwise use".
The following new  "otherwise use" definition becomes effective with the
1998 reporting year (62 FR 23834, May 1, 1997). Otherwise use means
"any use of a toxic chemical contained in a mixture or other trade name
product or waste, that is not covered by the terms "manufacture" or
"process." Otherwise use of a toxic chemical does not include disposal,
stabilization (without  subsequent distribution in commerce), or treatment
for destruction unless:

     1)    The toxic chemical that was disposed, stabilized, or treated for
          destruction was received from off site for the purposes of further
          waste management; OR
    2)    The toxic chemical that was disposed, stabilized, or treated for
          destruction was manufactured as a result of waste
          management activities on materials received from off site for the
          purposes of further waste management activities."
  10,000
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Associated with each activity category is an activity threshold summarized in the next table.
These thresholds have been in effect since the reporting year of 1989. The activity thresholds
apply to each EPCRA Section 313 chemical.  Note that the threshold determination for each of
the three activity categories is mutually exclusive of the others. Therefore, you must conduct a
separate threshold determination for each chemical for each activity category. If you exceed any
one of the activity thresholds, then you must submit a Form R (or Form A) report.


                   Table 7-5. EPCRA Section 313  Reporting
                               Activities/Thresholds
Chemical Activity
Manufacturing
Processing
Otherwise Use
Activity Threshold
25,000 pounds/year
25,000 pounds/year
10,000 pounds/year
The threshold determination is based solely on the quantity actually manufactured (including
imported), processed, or otherwise used, not on the quantity of chemicals stored onsite or
purchased. Therefore, EPCRA Section 313 chemicals that are bought and stored, but are not
incorporated into a product for distribution or not otherwise used onsite during the reporting year,
are not counted towards any activity thresholds.

Many EPCRA Section 313 chemicals are present as impurities or as small components of
mixtures. These quantities must also be considered in threshold determinations unless the
concentration is below the de  minimis value. In some cases, if a chemical is present below de
minimis concentration,  it may  be exempt. See OPPT's guidance (9/98), pages 3-10 to 3-18, for
more information on how to evaluate de minimis and three other classes of exemptions, including
article, facility-related, and activity-related exemptions.

Several chemicals on the EPCRA Section 313 chemical list include qualifiers related to use or
form (e.g., fume or dust, solutions, acid aerosols, etc.). Some chemicals are reportable only if
manufactured by a specific process or in a specified activity category. OPPT's EPCRA Section
313 Reporting Guidance (9/98),  pages 3-5 to 3-8, contains an industry-specific discussion of
these qualifiers, the associated chemicals and how these typically apply to the food processing
industry. A detailed discussion of the qualifier criteria can be found in the TRI Forms and
Instructions.

To determine if a chemical exceeds a reporting threshold, you must calculate the annual activity
usage of that chemical.  For example, start with the amount of the chemical at the facility as of
January 1; add any purchases during the year and the amount manufactured (included imported);
and subtract the amount left in the  inventory on December 31. If necessary, adjust the total to
account for exempt activities.  Then compare the result to the appropriate activity threshold to
determine if you are required to submit an EPCRA Section 313 Form R report for that chemical.
OPPT's guidance (pages 3-22 and 3-23) provides a blank worksheet and a sample illustration to
assist you with threshold calculations.
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7.5.3     How to  Estimate Releases  and Other  Waste

             Management Amounts

Your must file a Form R report for each EPCRA Section 313 chemical if that chemical exceeds
any activity threshold for manufacturing, or processing, or otherwise use (provided that you also
meet the SIC code and employee criteria).  However, you may be eligible to file a Form A
certification statement, rather than a Form R, provided that you meet certain criteria described
below.

The Form R consists of the following two parts:

    Part I, Facility Identification Information. Except for the signature, this part may be
    photocopied and re-used for each Form R you submit. Each Form R must have an
    original signature.

    Part II, Chemical Specific Information.  You must complete this part separately for each
    EPCRA Section 313 toxic chemical or chemical category.  Among other items of
    information in Part II, you must provide the total annual reportable amount. The
    reportable amount is defined as the sum of the onsite amounts released (including
    disposal), treated, combusted for energy recovery and recycled, combined with the sum
    of the amounts transferred offsite for recycling, energy recovery, treatment, and/or
    release (including disposal).  This total corresponds to the total of data elements 8.1
    through 8.7 on the 1997 version of the Form R. Note: You cannot re-use this portion
    year after year, even if reporting has not changed.

The Form A, also referred to as the "Certification Statement," is an alternative to Form R.
Form A first became available in reporting year 1994.  EPA developed Form A (59 FR 61488,
November 1994) to reduce the annual reporting burden for facilities that meet both of the following
criteria:

         Chemical Activity Thresholds: The amount of the EPCRA Section 313 chemical
         manufactured, or processed,  or otherwise used must not exceed one million
         (1,000,000) pounds. [Note: The threshold determination for each activity category
         is mutually exclusive of the others; i.e., each threshold must be evaluated
         independently. Therefore, if the quantity for any one activity threshold exceeds
         1,000,000 pounds, then your facility cannot submit Form A.]

         And

         Annual Reportable Amount: The total annual reportable amount of the EPCRA
         Section 313 chemical cannot exceed five hundred (500) pounds per year.  As
         stated above, the reportable amount is defined as the sum of the on site
         amounts released (including disposal), treated, combusted for energy recovery
         and recycled, combined with the sum of the amounts transferred off site for
         recycling, energy recovery, treatment, and/or release (including  disposal).  This
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         total corresponds to the total of data elements 8.1 through 8.7 on the 1997 version
         of the Form R.

The Form A Certification Statement must be submitted for each eligible EPCRA Section 313
chemical. Like the Form R, Form A includes facility identification information. However,
Form A does not require your facility to report any estimate of releases and other waste
management quantities. Rather, your facility must simply certify that the total annual reportable
amount does not exceed 500 pounds for that particular chemical.

For industry-specific assistance in calculating reportable amounts, consult Chapter 4
"Estimating Releases and Other Waste Management Quantities" of OPPT's EPCRA Section 313
Reporting Guidance (9/98). This chapter provides a detailed, step-by-step discussion of how to
calculate the release and other waste management amounts for any Section 313 chemical for
which your facility must submit a report. This procedure consists of:

         Preparation of a detailed process flow diagram;

         Identification of potential sources of toxic chemicals released and/or otherwise
         managed;

         Identification of the potential types of releases and/or other waste management
         activities from each source; and

         Determination of the most appropriate method(s) for estimating the quantities of listed
         toxic chemicals and/or other waste management activities.

Chapter 4 of OPPT's guidance also briefly analyzes twelve chemical use categories commonly
found in  the food processing industry. For each of these twelve categories, the guidance does
the following: lists the commonly used EPCRA  Section 313 chemicals; gives an overview of the
process  involved; identifies the appropriate chemical activity category(ies) and reporting
thresholds; describes methods for estimating quantities of chemicals released and otherwise
managed as waste; and discusses common reporting errors.

Consult  TRI Forms and Instructions  for detailed directions on how to prepare and submit a Form
R or a Form A report for each listed EPCRA Section 313 chemical.  You have the option of
submitting Form R(s) electronically via EPAs Automated Toxic Chemical Release Inventory
Reporting Software (ATRS). EPA encourages  the use of ATRS to save you time in data entry
and photocopying, and to reduce errors by means of the online validation routines and use of pick
lists within the software.

The ATRS can be found on the Internet at http://www.epa.gov/opptintr/atrs.  It is available in
both DOS and Windows versions. Call the ATRS User Support Hotline at 703-816-4434 for more
information.


7.5.4     EPCRA  Section 3 I 3   Recordkeeping

Complete and accurate records are absolutely  essential to meaningful compliance with EPCRA
Section 313 reporting requirements.  Compiling and maintaining good records will help you to

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reduce the effort and cost in preparing future reports, and to document how you arrived at the
reported data in the event of an EPA compliance audit. EPA requires you to maintain records
substantiating the Form R or Form A submission, for a minimum of three years.  Each facility
must keep copies of the Form R or Form A along with all supporting documents,  calculations,
work sheets, and other forms that you use to prepare the Form R or Form A.  EPA may request
this supporting documentation during a regulatory audit.

Specifically,  EPA requires that the following records must be maintained for a period of three
years from the date of the submission of a report (summarized from 40 CFR 372.10):

    1)   A copy of each report that is submitted.

    2)   All supporting materials and documentation used by the person to make the
         compliance determination  that the facility or establishment is a covered facility.

    3)   Documentation supporting the report that is submitted, including documentation
         supporting:

              ••  Claimed allowable  exemptions;
              ••  Threshold determinations;
              ••  Calculations for each quantity reported as being released, either on or off site,
                or otherwise managed as waste;
              ••  Activity use determinations, including dates of manufacturing, processing, or
                use;
              ••  The basis of all estimates;
              ••  Receipts or manifests associated with transfers to off-site locations; and
              •  Waste treatment methods, treatment efficiencies, ranges of influent
                concentrations to treatment, sequential nature of treatment steps, and operating
                data to support efficiency claims.

    4)   All supporting materials used to make the compliance determination that the facility or
         establishment is eligible to submit a Form A.

    5)   Documentation supporting the Form A, including:

              ••  Data supporting the determination that the alternate threshold applies;
              ••  Calculations of annual reporting amounts; and
              •  Receipts or manifests associated with the transfer of each chemical in waste to
                offsite locations.

Because EPCRA Section 313 reporting does not require additional testing or monitoring,  you
must determine the best readily available source of information for all estimates.  Some facilities
may have detailed monitoring data and offsite transfer records that are used for estimates, while
others may only use purchase and inventory records. Examples of records that you should keep,
if applicable, might include:

         Each Form  R or Form A submitted;
         EPCRA Section 313 Reporting Threshold Worksheets (sample worksheets can be
         found in Chapter 3 of this document as well as in the TRI Forms and Instructions)',

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         Engineering calculations and other notes;
         Purchase records from suppliers;
         Inventory data;
         National Pollutant Discharge Elimination System (NPDES)/State Pollutant Discharge
         Elimination System (SPDES) permits and monitoring reports;
         EPCRA Section 312 Tier II reports;
         Monitoring records;
         Air permits;
         Flow measurement data;
         RCRA hazardous waste generator's reports;
         Pretreatment reports filed with local governments;
         Invoices from waste management firms;
         Manufacturer's estimates of treatment efficiencies;
         Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
         reportable quantity (RQ) reports;
         RCRA manifests; and
         Process flow diagrams (including emissions, releases, and other waste management
         activities).
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                    SECTION  8 CONTENTS

8.   How Do I Comply With the Hazardous Waste Regulations?	8-1
    8.1  Introduction  	8-1
    8.2  What is Hazardous Waste? 	8-1
        8.2.1   Solid  Waste	8-2
        8.2.2   Hazardous Waste	8-3
        8.2.3   Universal Waste 	8-5
    8.3  Are My Wastes Hazardous?	8-6
    8.4  What is My Hazardous Waste Generator Category?	8-7
    8.5  Compliance Requirements for CESQGs 	8-9
    8.6  Compliance Requirements for SQGs and LQGs	8-10
    8.7  Underground Storage Tanks (USTs)	8-22
    8.8  Used Oil Management Standards	8-25
    8.9  Good Environmental Management Practices 	8-26
        8.9.1   How to Select a Hazardous Waste Transporter and Waste
              Disposal/Treatment Facility	8-26
        8.9.2   Disposing of Hazardous Waste Onsite	8-27
        8.9.3   Good Housekeeping 	8-27
Table 8-1.   Federal Categories of Hazardous Waste Generators
          and Storage Time Limits Allowed	8-9
Table 8-2.   Summary of Federal Hazardous Waste Generator Requirements 	8-11
Table 8-3.   Contingency Plan Requirements for LQGs and SQGs  	8-20
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           8.  How Do  I  COMPLY WITH THE


                            HAZARDOUS


                   WASTE REGULATIONS?


8.1       Introduction

As a food processor, you produce wastes that could be hazardous.  Therefore, it is important
that you identify and manage them properly to protect yourself, coworkers, and others in your
community, as well as the environment. As the waste generator, you are responsible for all
steps in hazardous waste management, from generation to storage to final disposal. You can
be held liable for any mismanagement of your wastes, even after they leave your facility.
So, it is important for you to know the requirements.

This section explains the hazardous waste law, known as the Resource Conservation and
Recovery Act (RCRA), and its regulations which impose requirements on how you , store, must
handle and dispose of the wastes you generate in your food processing facility.  Sections 8.5
Compliance Requirements for CESQGs and Section 8.6 Compliance Requirements for SQGs
and LQGs focus on the major federal requirements with which you must comply.

In some instances, the states impose additional and more stringent requirements on how you
handle your wastes.  It is critical, therefore, that you review you state's requirements and contact
your state hazardous waste agency for any additional requirements.

If your facility has an underground storage tank (LIST) system, you are subject to RCRA Subtitle
I requirements. Section 8.7 Underground Storage Tanks provides an overview of these
requirements, which pertain to USTs containing petroleum products or substances defined as
hazardous under The Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA). If your facility has aboveground storage tanks (ASTs), see Section 4.6  How Do I
Comply with Oil Pollution Prevention Regulations for more information?

Here are the steps you should follow to ensure compliance with  this law:

           Determine whether you have hazardous waste at your food processing facility
           Determine your hazardous waste generator status
           Meet the major requirements based on your hazardous waste generator status.

Your ability to comply with RCRA regulations depends on your understanding of what constitutes
a hazardous waste. This definition is fundamental because it determines how wastes must be
managed.  It is important to recognize that the definition of hazardous waste is not
straightforward.
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                                                      See Section 10.2 for
                                                      information on managing
                                                      nonhazardous, solid waste
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8.2      What is Hazardous Waste?

The answer to this question is complex and requires you to follow several steps. First you must
determine what types of wastes your facility generates and how each waste will be managed.
RCRA defines two categories of wastes, solid and hazardous.  Hazardous waste is a subset of
solid waste. Therefore, if your waste does not meet the definition of solid waste, it will not be
hazardous waste by definition.


8.2.1    Solid  Waste

The definition of solid waste is so broad that most
materials you dispose of fall within it.  Under the RCRA
statute, a "solid waste" is defined as any solid, liquid, or
contained gaseous material that is discarded by being
disposed  of, burned or incinerated,  or recycled (and not
excluded  under the regulations). The first step to
determine whether or not you are generating a solid waste
is to identify which of the categories of "secondary materials" your waste fits.  These are:

• Spent material   •  Listed or characteristic by-product   •  Commercial chemical product.
• Scrap metal     •  Listed or characteristic sludge

Specific definitions of each of these can be found in the Code of Federal Regulations (CFR) at
40 CFR 261.1.  For additional guidance in classifying your wastes according to these categories,
see the January 4, 1985 Federal Register.

The second step is to identify how you plan to manage the waste. The classification as a "solid
waste" will depend on whether you  plan to dispose of the waste, burn it for energy recovery,
incinerate it, or recycle it, as well as how long you plan to store it prior to recycling it.  The most
complex questions regarding the definition of solid waste arises in the context of recycling
activities.  If you plan to recycle your waste, and you have any uncertainty concerning its
classification, you should consult your state regulatory agency,  EPA regional office, or the
RCRA/UST, Superfund and EPCRA hotline at 1-800-424-9346 or 703-412-9810.

There are a number of disposable materials that are excluded from the definition (in RCRA) of
solid waste (and thus hazardous waste) including:

           Domestic sewage and any mixture of domestic sewage and other wastes that
           pass through a sewer system to a publicly owned treatment works (POTW) for
           treatment. "Domestic sewage" means any untreated sanitary wastes that  pass
           through a sewer system.

           Industrial wastewater discharges that are point source discharges (i.e., they are
           discharged from a single point or pipeline) and are regulated under Section 402 of
           the Clean Water Act (CWA).  This exclusion only applies to the actual point source
           discharge. Industrial wastewaters that are being collected, stored, or treated before
           discharge are not excluded, nor are sludges that are generated by industrial
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           wastewater treatment. If you are treating your own wastewater, the sludges are
           considered solid waste, and could be hazardous waste.


8.2.2   Hazardous Waste

Once you have determined that your material to be disposed of is solid waste, you then must
determine if it is hazardous.  For a waste to be classified as hazardous, it either:

           Is on one of the four lists of hazardous wastes (see Listed Wastes below)
           published in the federal RCRA regulations (40 CFR 261),

           Demonstrates one or more of the four hazardous waste characteristics of
           ignitability, corrosivity, reactivity, ortoxicity (see Characteristic Wastes below), or

           Is a mixture of a listed hazardous waste and other wastes. It is important to note
           that waste mixtures that include hazardous wastes are regulated as hazardous
           waste regardless of the proportions of the mixture.


Listed  Hazardous Wastes

Your waste is considered a hazardous waste if it appears on one of four lists (see table below)
published in the hazardous waste regulations (40 CFR 261 Subpart D). Currently, more than
400 wastes are on these lists.  Wastes are listed as hazardous because they are known  to be
harmful to human health and the environment when not properly managed. Even when properly
managed, some listed wastes are so dangerous that they are called acutely hazardous
wastes. Examples of acutely hazardous wastes include wastes generated from some
pesticides that can be fatal to humans or animals in low doses.

Each list represents a different category of hazardous wastes and has a different alphabetical
letter (F, K,  U, and P). The categories are defined by the source of the waste.


 List:       Listed hazardous wastes include:           Wastes generated in food processing:

   F       The F list (40 CFR 261.31) designates as        Food processors will most likely generate
           hazardous particular wastes from certain       spent solvent wastes, which are F-listed
           common industrial or manu-facturing           wastes F001-F005.
           processes. Because the processes
           producing these wastes can occur in
           different sectors of industry,  the F list
           wastes are known as wastes from
           nonspecific sources (e.g., degreasing)

   K       The K list (40 CFR 261.32) designates as        Food processors typically do not generate
           hazardous particular wastestreams from       these types of wastes.
           certain specific sectors of industry.  K list
           wastes are known as wastes from specific
           sources.
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 List:      Listed hazardous wastes include:           Wastes generated in food processing:

   U       The U and P lists are similar in that both        Food processors may generate these
     .      list as hazardous pure or commer-cial          types of wastes (e.g., unused pesticide of
           grade formulations of certain specific           pure heptachlor [P059]).
   P       unused chemicals. P wastes are all
           acutely  hazardous (40 CFR 261.33).

If a waste is not found in any of these four federal lists, it still may be on a state hazardous waste
list. For example, many states list waste petroleum oil as a hazardous waste.


Characteristic Wastes

If a waste does not appear on one of the EPA lists discussed above, it may still be considered a
hazardous waste if it has one or more of the following characteristics:
            It can readily catch fire and sustain combustion.
            This is called an ignitable waste (40 CFR
            261.21). EPA selected a flashpoint test as the
            method for determining whether a liquid waste
            is combustible enough to deserve regulation as
            hazardous.  A non-liquid waste is only ignitable
            if it can spontaneously catch fire under normal handling conditions and can burn so
            vigorously that it creates a hazard.  Ignitable wastes carry the waste code D001.
            Examples are paint wastes, certain degreasers, or other solvents.

            It is an acidic or alkaline (basic) waste which can readily corrode or dissolve flesh,
            metal, or other materials. This is called a corrosive waste (40 CFR 261.22). EPA
            uses two criteria to identify corrosive hazardous wastes. The first is  a pH test.
            Wastes with a pH •  12.5 or • 2 are corrosive under RCRA rules. A waste may also
            be corrosive if it has the ability to corrode steel in a specific EPA-approved test
            protocol. Corrosive wastes carry the waste code D002. Examples  are waste rust
            removers, waste acid or alkaline cleaning fluids, and waste battery acid.

            It readily explodes or undergoes violent reactions. This is known as  a reactive
            waste (40 CFR 261.23).  Reactive hazardous wastes are  relatively uncommon,
            and, in many cases, there is no reliable test method to evaluate a waste's potential
            to explode or react violently. Therefore, EPA uses a narrative criteria to define most
            reactive wastes.

            Under RCRA, a waste is reactive if it meets any of the following criteria:
            - It can explode or violently react when exposed to water or under normal handling
             conditions;
            - It can create toxic fumes or gases when exposed to water or under other
             conditions (e.g., heat or pressure); or
            - It meets the criteria for classification as an explosive under U.S. Department of
             Transportation (DOT) rules.
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           Wastes exhibiting the characteristic of reactivity are assigned the waste code
           D003. Examples are waste bleaches and other waste oxidizers.
            It is harmful or fatal when ingested or absorbed, or     _.
            it leaches toxic chemicals into the soil or             ~.e        .
            groundwater when disposed of on land. This is       uiaractensacLeacnmg
            called a toxic waste (40 CFR 261.24). You can       repStesthe leaching
            determine if your waste is toxic by having it tested
            using the Toxicity Characteristic Leaching
            Procedure (TCLP).  If the waste contains any of      ar& burj&d jn g t   jcg,
            the regulated contaminants at concentrations equal    municipal landfill
            to or greater than the regulatory levels, then the
process and other effects
that occur when wastes
           waste exhibits the toxicity characteristic.  The toxic
           waste carries the waste code associated with the constituent which exceeded the
           regulatory level.

Mixture Rule and Derived From  Rule

The mixture and derived from rules operate differently for listed wastes and characteristic
wastes. The mixture rule for listed wastes states that a mixture made up of any amount of a
nonhazardous solid waste and  any amount of a listed hazardous waste is considered a
hazardous waste.  In contrast, a mixture involving a characteristic waste is hazardous only if the
mixture itself exhibits a characteristic.

The derived from rule governs the regulatory status of materials that are created by treating or
changing a hazardous waste in some way.  For example, ash created by burning a hazardous
waste is considered derived from that hazardous waste.  The derived from rule for listed
wastes states that any material derived from a listed hazardous waste is also a listed hazardous
waste.  A treatment residue and materials derived from characteristic hazardous wastes are
hazardous only if they themselves exhibit a characteristic.

Hazardous  Waste Codes

Specific hazardous waste types have designated waste codes. A waste code is a four-digit
classification system used by EPA to identify hazardous wastes on labels, shipping papers, and
other records. All federal hazardous waste codes begin with a letter and are followed by
numbers. All federal listed wastes begin with either "F", "K", "U", or "P";  characteristic wastes
begin with the letter "D."  For a  complete listing of hazardous waste codes, consult 40 CFR 261.
Many states have listed waste numbers that begin with the two-letter state abbreviation followed
by two  specific numbers that identify the state-listed waste.  In order to determine what the
waste code is for your hazardous waste, you need to look at the regulations. You should call
your state environmental agency to determine where you can obtain a copy of your state's
regulations.
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8.2.3   Universal Waste

EPA issued the Universal Waste Rule in 1995 as an amendment to RCRA.  It provides an
alternative and less stringent set of management standards to those in the hazardous waste
regulations (40 CFR 260-272) for three specific, but widely generated, types of waste that
potentially would be regulated as hazardous. These wastes are:

           Batteries that are spent and will not be reclaimed or regenerated either at your
           facility or at a battery recycling/reclamation facility (under 40 CFR 266 Subpart G).
           Types of batteries that your facility may generate that would be universal wastes
           include those in electronic equipment, mobile telephones, portable computers, and
           emergency backup lighting.

           Pesticides that have been suspended or canceled including those that are part of a
           voluntary or mandatory recall under the Federal Insecticide, Fungicide, and
           Rodenticide Act (FIFRA) or by the pesticide registrant;  are unused but managed as
           part of a waste pesticide collection program; or are obsolete or damaged.

           Mercury thermostats including temperature control devices containing metallic
           mercury.

The Universal Waste rule establishes requirements applicable to four types of universal waste
generators or collectors: small quantity handlers, large quantity handlers, transporters, and
destination facilities.  Specific requirements of the universal waste rule can be found at 40 CFR
273.


8.3      Are  My  Wastes  Hazardous?

Do you generate hazardous wastes at your facility?
Since you are a food processor, the answer will probably
be "yes."  For your facility, the hazardous waste
identification process involves the following steps, in this
order:
Under RCRA, it is your
responsibility to determine if a
waste produced or generated at
your facility is hazardous (40
                                                     CFR 262.11).
           Complete an inventory of all wastes that are
           generated by your facility (see Section 3.0).

    • •     For each waste, determine whether the material in question is a "solid waste" (see
           Section 8.2.1).

    • •     Determine whether the solid waste in question is excluded from regulation.

           Determine whether the solid waste in question is a hazardous waste. You may
           need to send a sample of your waste to a laboratory for them to determine if the
           waste is hazardous (see Section 8.2.2).

           Make a list of all the hazardous waste you have at your facility and determine the
           waste code for each (see 40 CFR 261).

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           If you are unsure, get help. For assistance, call EPA or your state environmental
           agency, a consultant, a licensed transporter, or the RCRA/UST, Superfund and
           EPCRA hotline at 703-412-9810 or 1-800-424-9346.

As discussed in Section 3.0, hazardous wastes are generated during many food processing
operations. Table 3-2 Waste Analysis for SIC Code 203 Facility (see Section 3.0) presents
some of the typical hazardous wastes generated by food processing facilities. While this list is
not all inclusive, it gives you a general idea of the kinds of wastes generated for each operation
that are considered to be hazardous.

With your inventory list, you may be able to determine which wastes are hazardous based on
knowledge alone. For example, you may use a cleaning solvent that you know is a listed
hazardous waste. For wastes whose regulatory status cannot be determined by knowledge
alone, the appropriate analysis should be performed in order to determine if any suspected
characteristics meet the federal criteria for definition of hazardous wastes.

An important first source of information about the chemicals you use is the material safety data
sheet (MSDS).  The MSDS will identify specific chemical properties of a material, such as
whether a material is highly acidic or basic, whether solvents are present, and other chemical
properties, such as ignitability (flashpoint). MSDSs will not provide you with all of the answers to
your environmental questions, but they can help you identify specific characteristics of your
hazardous waste. The MSDS is provided by your chemical supplier and gives general  health
and safety information about handling these chemicals. To ensure that your MSDSs are current,
require your vendors to automatically supply you with an MSDS for new products and to have
anyone approving purchases in your business ask for them from the supplier.

If MSDSs do not provide you with enough information to make your determination, consult the
RCRA regulations in 40  CFR 261  or call the RCRA/UST, Superfund and EPCRA hotline for
assistance at 703-412-9810 or 1-800-424-9346.


8.4      What  is My  Hazardous Waste  Generator

           Category?

If you are a food processor and your operations cause hazardous waste to be generated, you
must now determine your generator category (40 CFR 261). Your generator category is
determined by the amount of hazardous waste that you generate each month. There are three
federal categories of hazardous waste generators:

           Conditionally exempt small quantity generator (CESQG)
           (• 220 pounds (100 kg) of hazardous waste; or • 2.2 pounds (1 kg) acutely
           hazardous  waste per month).

           Small quantity generator (SQG)
           (> 220 pounds (100 kg) and < 2,200 pounds (1,000 kg)of hazardous waste per
           month.

           Large quantity generator (LOG)


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           (•  2,200 pounds (1,000 kg) of hazardous waste; or > 2.2 pounds (1 kg) acutely
           hazardous waste; or > 220 pounds spill residue from acutely hazardous waste).

Hazardous waste generators are divided into these three categories, depending on the quantity
of hazardous waste generated each month and on the cumulative amount of hazardous waste
stored at your food processing facility at any time.  The measured amount (by weight) of
hazardous waste generated at your facility per calendar month determines which hazardous
wastes requirements and standards apply to you.

Determining Your Generator Category
                                                             Rough Guide
                                                       27 gallons (about half of a 55-
                                                       gallon drum) of waste with a
                                                       density similar to water weighs
                                                       about 220 pounds (100 kg).
                                                       270 gallons of waste with a
                                                       density similar to water weighs
                                                       about 2,200 Ibs (1,000 kg).
To determine which category applies to your facility, you
must count all quantities of listed and characteristic
hazardous wastes.  These include wastes that are: (1)
generated and collected at your facility prior to treatment
or disposal; and (2) packaged and transported offsite.

Many hazardous wastes are liquids and are measured
in gallons, not pounds.  To approximate the number of
pounds of liquid you have, multiply the number of gallons
by 8.3 (because a gallon of water weighs 8.3 pounds,
and many liquids have a density similar to water).  Most
MSDSs list the density or specific gravity of the product.

Keep in mind that you do NOT have to count the following:

           Wastes that are left on the bottom of containers that have been emptied by
           conventional means (i.e.,  pouring or pumping) and where no more than 2.5 cm (1
           inch) of residue remains in the bottom of the container or no more than 3 percent
           by weight of the total capacity of the container remains in the container if the
           container is less than or equal to 110 gallons in  size.

           Residues in the  bottom of storage tanks, if the residue is not removed (i.e.,
           residues left in the bottom of the storage container are not counted as long as they
           are not removed when the tank is refilled).

           Wastes that are reclaimed continuously onsite without storing the waste prior to
           reclamation.

           Wastes that you have already counted once during the calendar month, and treated
           onsite or reclaimed in some manner and used again.

           Wastes that are directly discharged to a municipal treatment plant or POTW
           without being stored or accumulated first.  This discharge to a POTW must
           comply with the CWA and any local POTW regulations (see Section 4.4 Am I
           An Indirect Discharger?).
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           Batteries, pesticides, and mercury thermostats which are regulated under the
           Universal Waste Rule (40 CFR 273), or lead-acid batteries to be reclaimed (40
           CFR 266).

           Waste oil that meets the criteria for used oil and is to be managed and handled as
           used oil (40 CFR 279).

           Scrap metal that is recycled (40 CFR 261.6(a)(3)).

Table 8-1 illustrates the federal generation rates and storage time limits applicable to the
generator categories.  It is important to note that states may specify different categories than
those specified in the federal regulations and you must meet the requirements specified in your
state. For example, a state may only have two categories of generators; small and large, and
have specific requirements for each of these generator categories.

From Table 8-1, you can see it pays to be in one of the SQG categories.  There is more leeway
for storage time, which will allow you to more cost-effectively manage your smaller quantities of
hazardous waste. In addition, pollution prevention (P2) can help you change your generator
status (see Section 11.0 Pollution Prevention Techniques).

      Table  8-1.  Federal  Categories of Hazardous Waste Generators
                      and Storage  Time Limits Allowed
Generator Category
Conditionally Exempt Small
Quantity Generator (CESQG)
Small Quantity Generator
(SQG)
Large Quantity Generator
(LQG)
Monthly Hazardous Waste
Generation Rate
• 220 pounds (100 kg); or
• 2.2 pounds (1 kg) acute
> 220 pounds (100 kg) and
< 2,200 pounds (1,000 kg); or
• 2.2 Ib (1 kg) acute
• 2,200 pounds (1,000 kg); or
> 2.2 pounds (1 kg) acute; or
• 220 pounds spill residue from acute
Storage Time Limits
No Limit
• 180 days or • 270 days if
waste treatment/disposal
facility is >200 miles away
• 90 days
8.5      Compliance  Requirements for  CESQGs

Your food processing facility is considered a CESGQ if it consistently generates less than 220
Ibs (100 kg) of hazardous wastes per month, and less than 2.2 Ibs. (1 kg) of acutely hazardous
wastes per month. As a CESQG, your compliance requirements are quite simple. There are
three basic hazardous waste management requirements that apply to CESQGs:

           Identify your hazardous and acutely hazardous wastes and  know which wastes you
           generate that are hazardous.  As explained in Section 8.3, there are several steps
           you should follow in your hazardous waste identification process. Please refer
           back to Section 8.3 for more information.  If you are not sure of what you should do,
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           get help. This may mean calling EPA or your state environmental agency, a
           consultant, a licensed transporter, or the RCRA/UST, Superfund and EPCRA
           hotline at 703-412-9810 or 1-800-424-9346.

           Do not generate more than 220 Ibs (or 100 kg) per month of hazardous waste or
           more than 2.2 Ibs (1 kg) per month of acutely hazardous waste (this includes any
           wastes you shipped offsite for disposal during that month); and never store more
           than 2,200 Ibs (1,000 kg) of hazardous waste or 2.2 Ibs of acutely hazardous waste
           for any period of time.

           Ensure proper treatment and disposal of your waste.  For CESQGs, proper
           treatment and disposal of hazardous wastes are fairly simple. It involves ensuring
           the waste is shipped to one of the following facilities, or if you treat (e.g.,  solvent
           distillation) or disposed of your hazardous waste at your facility, ensure that your
           disposal facility is:

           -A state or federally regulated hazardous waste management treatment, storage,
             or disposal facility (if your waste is hazardous).

           -A facility permitted, licensed,  or registered by a state to manage municipal or
             industrial solid waste.

           - A facility that uses, reuses or legitimately recycles the waste (or treats the waste
             prior to use, reuse, or recycling).

           -A universal waste handler or destination facility subject to the universal waste
             requirements (if you choose to follow the universal waste requirements, which
             you  are not required to do as a CESQG, see below).

           CESQG Self-Transporting of Hazardous Wastes.  CESQGs are allowed to
           transport their own wastes to the treatment or storage facility, unlike SQGs and
           LQGs who are required to use a licensed, certified transporter. While there are no
           specific RCRA requirements for CESQGs who transport their own wastes, DOT
           requires all transporters of hazardous waste to comply with all applicable DOT
           regulations. Specifically, DOT  regulations require all transporters, including
           CESQGs, transporting hazardous waste that qualifies as DOT hazardous material
           to comply with EPA hazardous waste transporter requirements found in  40 CFR
           263.

           CESQGs are not required by federal hazardous waste laws to train their
           employees on waste handling or emergency preparedness,  but it is strongly
           advised. Keep in mind that employees who are responding to releases of
           hazardous substances and hazardous waste are required to be trained
           under Occupational Safety and Health Administration's (OSHA's) Hazardous
           Waste Operations and Emergency Response (HAZWOPER) requirements
           (see 29 CFR 1910.120).

You must comply with these requirements to retain your CESQG status, and remain exempt
from the more stringent hazardous waste regulations that apply to SQGs and LQGs.  However,
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    Multimedia Environmental Compliance Guide for Food Processors


it is recommended that you follow the waste storage and handling requirements for SQGs to
minimize the possibility of any leaks, spills, or other releases that potentially could cause
economic hardship to your facility. Table 8-2 provides a summary of the federal CESQG
requirements.  Please remember the requirements in Table 8-2 are the minimum federal
requirements.  States may have more stringent and/or different requirements. Contact your
state hazardous waste agency for these requirements.


8.6      Compliance Requirements for SQGs  and

           LQGs

If you determine, based on the amount of waste you generate, that you are an SQG or LOG, you
must comply with the following requirements:

           Waste identification
           EPA identification number
           Accumulation and storage limits
           Container management
           Personnel training
           Hazardous waste shipment labeling and placarding
           Reporting and recordkeeping requirements
           Contingency planning, emergency procedures, and accident prevention.

Requirements for hazardous waste generators cover the storage and handling, treatment, and
disposal of the waste, from generation to final disposal. Table 8-2 provides a summary of the
federal SGQ and LOG requirements.  Please remember the requirements in Table 8-2 are the
minimum federal  requirements.  State governments may have more stringent and/or different
requirements.  Contact your state environmental agency for state requirements.

Waste Identification

As a generator, you must determine whether your waste is hazardous.  As explained in Section
8.3, there are several steps you should follow in your hazardous waste  identification process (40
CFR 261). Please refer back to Section 8.3 for more information. If you are not sure of what
you should do, get help.  This may mean calling EPA or your state environmental agency, a
consultant, a licensed transporter, or the RCRA/UST, Superfund and EPCRA hotline at 703-412-
9810 or 1-800-424-9346.

EPA Identification Number

Each SQG and LOG is required to obtain an EPA identification number. These 12-character
identification numbers are part of a national database on hazardous waste activities. Some
states also require conditionally exempt small quantity generators to have identification numbers.
Furthermore, companies that transport hazardous waste and facilities that store, treat, or
dispose of regulated quantities of hazardous waste generated by food processing facilities must
also have EPA identification numbers.
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   Multimedia Environmental Compliance Guide for Food Processors





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    Multimedia Environmental Compliance Guide for Food Processors


ow to obtain a hazardous waste generator number:

           Call or write your state hazardous waste management agency or EPA regional
           office and ask for a copy of EPA Form 8700-12 "Notification of Regulated Waste
           Activity." You will be sent a booklet containing the two-page form and instructions
           for filling it out. Note that a few states use a form that is different from the EPA
           form.  If you contact your state first, you will be sent the appropriate form to
           complete.

           Complete one copy of the form for each of your food processing facilities where
           you generate or handle hazardous waste. There is no fee associated with filling out
           this form. Each site or location will receive its own unique EPA identification
           number. You must use this identification number on all hazardous waste
           shipping forms.

           Make sure you fill the form out completely and correctly and sign the  certification.
           Send the form to the address listed in the booklet you received with the form.

An EPA identification number is a unique number that applies to a particular food processing
facility site or location. If you move your food processing facility to another location, you
must notify EPA or the state of the new location, submit a new form, and obtain a new
EPA identification number. If hazardous waste was previously handled at the new location,
and it already has an EPA identification number, you will be assigned that number for your
relocated food processing facility.

Onsite Accumulation and  Storage  Limits

Onsite accumulation (storage) limits are based on the total weight of hazardous waste that can
be accumulated at any time at your food processing facility before it must be shipped offsite (40
CFR 262.34).  Exceedance of the accumulation limits can cause a change in your generator
status and, therefore, a change in the applicable regulatory requirements. Onsite  accumulation
weight limits and storage time limits for each generator status are presented in Table 8-2.
Storage time is allowed so that you can accumulate enough hazardous waste onsite in order to
make shipping it offsite for treatment or disposal economical.
Container Management
Your food processing facility can store hazardous waste in 55-gallon drums, tanks, or other
suitable containers, but it must comply with rules intended to protect human health and the
environment and reduce the likelihood of damages or injuries caused by leaks or spills (40 CFR
265).  The following list summarizes the most significant requirements for managing containers
of hazardous waste, regardless of their size:

           Establish and clearly mark an accumulation  (storage) area for your hazardous
           waste. This is your designated onsite hazardous waste storage area and is a
           collection area for your entire facility. The length of time you can store hazardous
           waste in this area depends on your generator status.  The type of area and marking
           requirements are set by your state. For storage tanks constructed after September


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    Multimedia Environmental Compliance Guide for Food Processors
           30, 1986, this area must have a containment system sufficient to hold spills and
           leaks.  The amount of hazardous waste which can be stored onsite is shown in
           Table 8-2.

           Properly label and mark all containers of hazardous waste in your hazardous waste
           storage area. Clearly mark each container with the words "HAZARDOUS WASTE,"
           and with the date the waste was first collected in that container.  (Labels for this
           purpose may be available from the waste hauler or a trade association.)  When
           your waste is shipped offsite, it is important that your transporter is aware of and
           complies with DOT placarding requirements for the truck used to haul your waste.
           Further, many states require additional labeling, such as a description of the
           contents of the container.

           You can accumulate up to 55 gallons of hazardous waste in properly labeled
           containers or drums at or near the various parts of your facility where the waste is
           generated.  This is called satellite accumulation. Once 55 gallons have
           accumulated, satellite waste must be moved to your designated onsite hazardous
           waste storage area prior to shipment offsite.

           Containers in satellite accumulation areas must be clearly marked with the words
           "HAZARDOUS WASTE" or with other wording that identifies the contents of the
           container. Once the amount of waste in the container or drum reaches 55 gallons,
           it must be marked with the date it reaches that amount, and it must be moved to
           the designated onsite hazardous waste storage area within 72 hours (3 days).  The
           operator of the process is responsible for this container or drum as long as it is
           kept separate from the designated storage area.

           Mark the EPA waste code on the drum. Although marking the EPA waste code on
           the drum is not required by federal regulations, it is required by most states and is
           highly recommended.

           Keep containers in good condition, handle them carefully, and replace any leaking
           ones.  If a container is in poor condition, the waste must be transferred to a
           container in good condition.

           Use containers made of or lined with materials that will not react with the waste.
           Do not store hazardous waste in a container if it may cause ruptures, leaks,
           corrosion, or other failure.

           Do not throw away containers with product in them. If you have  a container that
           has less than one inch of product or less than three percent of the total amount of
           product remaining, the container can be crushed, recycled, or thrown away.
           Otherwise, you must scrape out the product on the inside and properly manage it
           as hazardous waste. There is a federal requirement to triple rinse containers that
           have held acutely hazardous waste prior to considering the containers to be  empty.
           Your state may also mandate this; please contact your state regulatory agency for
           more information.
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           Keep containers closed except when adding or removing wastes. Remember, if a
           funnel remains in a drum, the drum is considered open.  Do not handle or store a
           container in such a way that may rupture it or cause it to leak.

           Inspect the containers for leaks or corrosion every week.  During your inspection, it
           is recommended that you make sure that:

            - All drums are labeled/marked appropriately

            - There is sufficient space to walk in the storage area and there is required
               space (36 inches) between rows of drums

            - All drums are stacked properly

            - All drum lids are closed tightly

            - There are appropriate signs warning other employees that this is a hazardous
               waste storage area

            - Drums are not stored onsite longer than you are allowed:
                   • •  LQGs - 90 days
                   • •  SQGs - 180 days or 270 days if the treatment, storage, and disposal
                       facility is more than 200 miles away

            - There is no more waste onsite than is allowed for your generator status

            - Drums containing incompatible hazardous waste are stored separately or
               protected by a structure, such as a dike or berm.

           Some states may require that you keep a written record of these inspections.  Any
           problems should be corrected immediately. If any corrections are made, they
           should be noted in a permanent record and kept on file for at least three years.

           If your facility has outdoor accumulation areas,  and if you are storing ignitable or
           reactive wastes, make sure that containers of these wastes are stored at least 50
           feet from the your facility's property line as this creates a protective buffer zone.

           NEVER store two or more wastes in the same container that could react to cause
           fires, leaks, or other releases.
Personnel Training
                                      Keep in mind that employees who are responding
_         .  .    ...                     to releases of hazardous substances and
Proper waste handling can save your      hazardous waste are required to be trained under
facility money in waste treatment and      QSHA,S Hazardous Waste operations and
disposal and in lost time due to            Emergency Response (HAZWOPER)
empoyee illness or accidents. You        requirements (see 29 CFR 1910.120)
must tram your employees on the
procedures for properly handling
hazardous waste, as well as on

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emergency procedures (40 CFR 262.34(a)).  For LQGs, the training must be formalized and be
completed by employees within six months of accepting a job involving the handling of
hazardous waste, and you are required to provide annual review of the initial training.

It is important to note that training you may be required to conduct by OSHA differs from
hazardous waste management training.  Make sure you provide both types of training to your
employees.

Hazardous Waste Shipment Labeling  and Placarding

When you prepare hazardous wastes for shipment, you must put the wastes in properly labeled
containers that are appropriate for transportation according to the DOT regulations (40 CFR
262).  Your transporter should be able to assist you. You must:

           Write the manifest document number on the drum label. A blank space intended
           for this purpose is provided on hazardous waste labels available from label
           distributors.

           Label all drums using the four-inch DOT warning labels (available from the waste
           hauler or a label distributor), which are marked with the proper DOT shipping name
           and number according to DOT requirements.  Usually your hauler will do this for
           you.

           Make sure that (if required) the hauler displays the proper 10-3/4" DOT placard on
           all four sides of the truck that hauls your hazardous waste. Although the hauler
           usually provides these, you are responsible for making sure your hauler displays
           the appropriate placard.

If you  need additional information, you may wish to consult the requirements for packaging and
labeling hazardous wastes found in the DOT  regulations. To find out what the requirements are
for your specific waste, you should contact your state transportation agency, your hauler, or your
waste disposal/treatment facility who can help you understand  the DOT requirements. It may be
helpful for you to create a shipping manual with guidance for packing, shipping, and
disposal/recycling of all wastes leaving your facility.
           REMEMBER: Just because you have shipped the hazardous
           waste off your site and it is no longer in your possession, your
           liability has not ended. You are potentially liable for cleanup
           costs under Super-fund for any mismanagement of your
           hazardous waste. The manifest will help you track your waste
           during shipment and make sure it arrives at its proper final
           destination.
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Reporting/Recordkeeping for Hazardous  Waste Management

Practices

Your food processing facility is required to meet various reporting and recordkeeping
requirements as part of your hazardous waste management obligations. These requirements
are summarized below:

Uniform Hazardous Waste Manifest. The Uniform Hazardous Waste Manifest Form (EPA
Form 8700-22) is a multi-copy shipping document that reports the contents of your shipment,
the transport company used, and the treatment/disposal facility receiving the wastes (40 CFR
262.20).
                                                     Tolling Agreements
                                           Note: Small Quantity Generators (SQGs)
                                           are not required to prepare a hazardous
                                           waste manifest if: (1) the waste is reclaimed
                                           under a contractual (tolling) agreement which
                                           specifies the type of waste and frequency of
                                           shipments, and the vehicle used to transport
                                           the waste to the recycling facility and to
                                           deliver regenerated material back to the
                                           generator is owned and operated by the
                                           reclaimer of the waste; and (2) the generator
                                           maintains a copy of the reclamation
                                           agreement in his files fora period of at least
                                           three years after termination or expiration of
                                           the agreement (40 CFR 262.20(e)).
The manifest form is designed so that
shipments of hazardous waste can be
tracked from their site of generation to their
final destination, or from "cradle-to-grave."
The hazardous waste generator, the
transporter, and the treatment/disposal
facility must each sign this document and
keep a copy. The waste disposal/treatment
facility also must send a copy back to you, so
that you can be sure that your shipment was
received.

A copy of the manifest is required to be kept
on file at your facility for three years, or until a
signed copy of the manifest is received from
the waste disposal/treatment facility. The
signed copy of the manifest is required to be
kept on file for three years. If you do not
receive a signed copy from the waste treatment/disposal facility within 30 days, it is a good idea
for you to find out why and, if necessary, let the state or EPA know (see Exception Reports).

You can obtain blank copies of the manifest form from several sources.  To determine the best
source for you, use this system:

           If the state to which you are shipping your waste has its own manifest, use that
           manifest form (your waste transporter will know which manifest form is required).
           Contact the hazardous waste management agency of that state, your transporter,
           or the waste treatment/disposal facility to obtain manifest forms.

           If the state to which you are shipping your waste does not have its own manifest,
           use the manifest of the state in which your waste was generated.  Contact your
           transporter or your state hazardous waste agency for blank forms.

           If neither state requires a state-specific manifest, you  may use the "general"
           Uniform Hazardous Waste Manifest (EPA Form 8700-22). Copies are available
           from some haulers and waste treatment/disposal facilities.
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When you sign the certification on ITEM 16 of the manifest form, you are personally confirming
that:

            The manifest is complete and accurately describes the shipment.

            The shipment is ready for transport.

            You have reduced the amount and hazardous nature of your wastes to the greatest
            extent possible (within your budget constraints).

Transporters, recyclers, and waste treatment/disposal facilities may require additional
information.  Check with them before you prepare a hazardous waste shipment. States may
also have additional requirements that must be followed.  Your hazardous waste hauler often will
be the best source for packaging and shipping information and will help in completing the
manifest. If you have any trouble obtaining, filling out, or using the manifest, ask your hauler or
your waste treatment/disposal facility operator.

Exception Reports. Exception reports document a missing return copy of the hazardous
waste manifest. Reports must include a copy of the manifest and a cover letter signed by the
generator or authorized representative explaining the efforts taken to locate the waste and the
results of those efforts.  If you are an SQG, you must submit a copy of the manifest with some
indication that you have not received confirmation of delivery within 60 days of the date your
waste was accepted  for transport. If you are an LQG, you must contact the transporter and/or
waste treatment/disposal facility within 35 days of the transporter accepting your waste for
shipment to determine  its status and submit a report within 45 days. Copies of exception
reports must be maintained for three years.

Biennial Reports. If you are an LQG of hazardous waste,  you must submit  a biennial  report
(EPA 8700-13A) on March 1 of each even-numbered year to the appropriate  state regulatory
office (40 CFR 262.41). Some states impose this requirement on SQGs. Biennial report
applications and instructions can be obtained from your state  office. This report must contain
the following information:

            Your EPA ID  number, name,  and address.

            The EPA ID number, name, and address of each offsite waste treatment/disposal
            facility where waste was sent during the year.

            A record of your hazardous waste activities for the previous calendar year,
            including the quantity of waste you generated or accumulated onsite and the
            quantity you sent offsite.

            A description  of your efforts that year to reduce the toxicity and volume of
            hazardous wastes generated (i.e., waste minimization efforts).

            A description  of the changes in volume and toxicity of waste actually achieved.

            The certification signed by you, the generator, or authorized representative.
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Copies of biennial reports must be maintained onsite for three years.

Land Disposal Restriction Notification. Land disposal restrictions (LDRs) are regulations
prohibiting the disposal of hazardous waste on land without prior treatment of the waste (40 CFR
268). The LDR notification  ensures proper treatment of the waste prior to disposal.  Recent
changes in this regulation have decreased the reporting and recordkeeping burden for you
(Federal Register, Volume 62, Number 91; May 12, 1997). Under this amended rule, you are
required to provide a one-time notification about your waste to the treatment or disposal facility
with the first shipment of waste offsite, and keep a copy in your files. The one-time notification
applies to shipments of all restricted  hazardous waste.  No new notification is required unless
there is a change in the waste, process, or receiving facility.  A change in the waste is a change
that affects the determination of which treatment standard applies.  If this occurs or there is a
change in the receiving facility, you must send a new notice to the receiving facility and place a
copy of the new notice in your files (40  CFR 268.7).

The LDR notification must include:

            EPA hazardous waste code for the wastes (e.g., F002).
            Corresponding treatment standard(s) as identified in the federal RCRA regulations.
            Manifest number for that shipment.
            Certification statement.

As presented in Table 8-2, a LDR notification is required for SQGs and LQGs, unless a tolling
agreement (see box titled Tolling Agreements on p. 8-16). Copies of the land disposal restriction
notification form(s)and the waste analysis reports must be kept for three years (40 CFR
268.7(a)(8)). All records kept in connection with the LDR program may be stored electronically.

Summary of Recordkeeping Requirements. You are required by EPA to keep certain records
on file to show that good housekeeping practices and monitoring are being performed at your
food processing facility.  EPA requires that records be kept on file at your facility for three years
(40 CFR 262.40). These records include:

            Laboratory analyses and waste profile sheets for determining whether wastes
            generated by your facility are hazardous.

            Copies of all hazardous waste manifests, LDR notification(s), and exception
            reports.

            Copies of all Notification of Hazardous Activity forms submitted to and received
            from the state  or EPA.

            Copies of all personnel training  plans and documentation that indicate employees
            have completed the required training (LQGs only).

            Copies of your facility's  contingency plan (LQGs only).

            Copies of your facility's  biennial report (LQGs only).

It is a good idea to have these documents filed neatly in one place at your facility. State or
federal inspectors will likely ask for copies of these documents while inspecting your facility.

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Contingency Planning and Notification
A contingency plan will help you look ahead and prepare for accidents that could possibly occur
at your food processing facility (40 CFR 262).  If you are an LQG, you are required to have a
written contingency plan. If you are an SQG, you must have basic contingency procedures
in place. Although a written contingency plan is not federally required for SQGs or CESQGs, it
is strongly recommended. It is also important to check with your state and local authorities for
any additional contingency plan or emergency preparedness requirements. Table 8-3 presents
the contingency plan requirements for LQGs and SQGs.

A contingency plan can be thought of as a set of answers to a series of "what if questions. For
example, "What if there is a fire in the area where solvents are stored?" or "What if I have a spill
of hazardous waste or one of my containers leaks?" Emergency procedures are the steps that
you should follow if you have an emergency. It is a good idea to make a list of these "what if
questions and to write down specific steps that you would take if the emergency occurred.
Review these with your employees so they are also informed about their responsibilities in the
event of an emergency.

Emergency Procedures and Accident Prevention

Emergency Planning. Your contingency plan,
discussed above, must contain facility-specific details on
what you have to do if you have an emergency.
Specifically:
           In the event of a fire, explosion, or
           accidental release of hazardous waste,
           you must immediately notify the National
           Response Center if the fire, explosion, or
           other release could threaten human health
           outside your food processing facility or when
           the release has reached surface water.
             If you store oil onsite, you may
             be subject to specific prevention
             and response planning
             requirements.  See Section 4.6
             How Do I Comply With Oil
             Pollution Prevention
             Regulations? for more
             information.
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      Table 8-3.  Contingency Plan Requirements for LQGs  and  SQGs
            LOG Contingency Plan Contents
               SQG Contingency Procedures
 Written plan required.


 he contingency plan must contain:

      Instructions on what to do immediately whenever there is
      a fire, explosion, or release.

      The arrangements agreed to by local police and fire
      departments, hospitals, and state and local emergency
      response teams to provide emergency services.

      The names, addresses, and phone numbers of all
      persons qualified to act as emergency coordinator.

      All emergency equipment at the facility.

      An evacuation plan.

 Copies of the contingency plan must be submitted to the local
 police and fire departments, hospitals, and state and local
 emergency response teams that may be called upon to
 provide emergency services. You should maintain
 documentation showing that local authorities have been
 notified.
            Basic plan required (not required to be
            written).

            The contingency procedures include
            the following:

                You must have an emergency
                coordinator (employee) either at
                the facility or on call who is
                responsible for coordinating all
                emergency response measures.

                You must post next to the
                telephone: (1) the name and
                number of the emergency
                coordinator;  (2) the locations of
                the fire extinguishers and spill
                control material; and (3) the
                telephone number of the fire
                department.

                You must ensure that all
                employees are thoroughly familiar
                with proper waste handling and
                emergency procedures.
            The Center operates a 24-hour toll free number: 1-800-424-8802, or in Washington,
            DC: 1-202-426-2675.  As soon as possible, you should have the hazardous waste
            and any contaminated materials or soils cleaned up by an appropriately trained
            person.  Reporting any release and threat of release is required of SQGs and
            LQGs.
                                 IMMEDIATELY CALL
                THE NATIONAL RESPONSE CENTER (1-800-424-8802) if:

 •   If you have a serious emergency,
 •   You have placed a call to your local fire department, or
 •   You have a spill that extends outside of your facility boundaries or a spill that could reach
     surface water.

                   GIVE THEM THE INFORMATION THEY ASK FOR.
                        If you did not need to call, they will tell you.

 ANYONE WHO IS REQUIRED TO CALL AND DOES NOT IS SUBJECT TO A $10,000 FINE, A YEAR
 IN JAIL, OR BOTH.  If you are an owner or manager of a food processing facility and you  fail to report a
 hazardous waste release, you may have to pay for the entire cost of repairing any damage, even if your
 facility was not the single or main cause of the damage.
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During your telephone call to the National Response Center, you must give the following
information:

           Your facility name, address, and EPA identification number
           The date, time, and type of incident (e.g., spill, fire)
           The quantity and type of hazardous waste involved in the incident
           The extent of injuries
           An estimate of the quantity and location of any recovered materials, if any.

In addition, reports from LQGs must include an assessment of actual or potential hazards to
human health or the environment (where this is applicable).

As stated above, the RCRA regulations require that emergency phone numbers and locations of
emergency equipment must be posted near telephones. This means that next to the phone
you must post:

           The name, office phone number, home phone number, and address of your
           emergency coordinator.

           A site plan or list of nearby:
           - Portable fire extinguishers
           -Special extinguishing equipment (e.g., foam, dry chemicals)
           - Fire alarms (only if not directly connected to fire department)
           - Spill control  equipment (e.g., absorbent cotton rags)
           - Decontamination equipment (e.g., safety shower, eye wash fountain)
           - Water at adequate volume and pressure (e.g., water hoses, automatic sprinklers,
             water spray systems).

           The telephone numbers of the fire and police
           departments.

           Although not required, it is strongly
           recommended that you also post the following
           phone numbers by the telephone:
             - State or local emergency response teams
             - Hospital
             - Local ambulance service
             - National Response Center
             - State Department of Public Safety.
All employees who deal with hazardous
waste must know proper waste handling
and emergency procedures. An
employee must be appointed to act as
the emergency coordinator to ensure that
emergency procedures are carried out in
the event of an emergency.
Keep in mind that employees who are responding
to releases of hazardous substances and
hazardous waste are required to be trained under
OSHA's Hazardous Waste Operations and
Emergency Response (HAZWOPER)
requirements (see 29 CFR 1910.120).
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The emergency coordinator (or someone designated by that person) must:

           Be available 24 hours a day either at the facility or by phone
           Know whom to call and what steps to follow in an emergency
           Commit company resources as necessary to respond to an emergency.

Because most food processors are small businesses, the owner or operator probably already
performs these functions. Therefore, it is not intended (nor is it likely) that you will need to hire a
new employee to fill this role.

Accident Prevention. In accordance with RCRA, your facility must have appropriate cleanup
materials and emergency communication equipment for handling hazardous waste at your site.
Some of the steps you may need to take to prepare for emergencies at your facility include the
following:

           Make sure that there are no floor drains near the area where solvents are used that
           lead to the sewer, septic tank, or storm water drain.

           Store hazardous waste in areas away from doorways. The floor in your storage
           area should be leak-proof (e.g., concrete with an epoxy coating). If there is a
           doorway nearby, a concrete barrier is required to prevent the flow of material out of
           the door in case of a large spill.

           Provide room for emergency equipment and response teams to get into any area in
           your facility in the event of an emergency.

           If you are an LOG, you must write to local fire, police, and hospital officials or state
           or local emergency response teams explaining that you handle hazardous wastes
           and ask them for their cooperation and assistance in handling emergency
           situations.

           Install and maintain emergency equipment (e.g., an alarm,  a telephone, two-way
           portable radios, fire extinguishers, hoses,  and automatic sprinklers) at your facility
           in hazardous waste storage areas so that it is immediately available to your
           employees if there is an emergency.  This equipment should be inspected monthly.
8.7     Underground Storage Tanks (USTs)
According to EPA, an underground storage tank (LIST) is
"any one or combination of tanks (including underground
pipes connected thereto) that is used to contain an
accumulation of regulated substances, and the volume of
which (including the volume of underground pipes
connected thereto) is ten percent or more beneath the
surface of the ground."
             For information on aboveground
             storage tank (AST)
             requirements, see Section 4.6
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USTs are subject to strict state and federal requirements. Federal regulations of USTs,
contained in 40 CFR 280, require that all regulated LIST systems be designed and constructed
to retain their structural integrity throughout their operating life, and all USTs and attached piping
be protected from corrosion. In addition, all systems must be equipped with spill and overfill
protection and  leak detection monitoring.

Subtitle I  of RCRA governs activities and requirements related to LIST systems.  Subtitle I
established a new and comprehensive regulatory program for LIST systems containing
petroleum products or substances defined as hazardous under CERCLA.  Subtitle I includes the
following provisions for LIST systems:

           Design, construction, installation, operating, and notification requirements for new
           and existing systems;
           Release detection, reporting, investigation, confirmation, release response, and
           corrective action for systems containing petroleum or hazardous substances;  and
           System closure requirements.

States generally have the same requirements as RCRA Subtitle I.  However, some states (and
municipalities)  have more stringent LIST regulations. You should contact your state LIST office
and your local municipality to determine if there are additional LIST regulations with which you
must comply.

The federal LIST regulations do not apply to:

           Tanks with a capacity of 110 gallons or less;
           Farm or residential tanks holding 1,100 gallons or less of motor fuel used for
           noncommercial purposes;
           Tanks storing heating oil, where the oil is
                                                      Note: EPA defines "heating oil" to
                                                      include fuel for boilers for process
                                                      steam generation (40 CFR
                                                      280.12).
            used on the property where it is stored;
            Tanks on or above the floor in underground
            areas (e.g., basements);
            Septic tanks and systems for collecting
            storm water and wastewater;
            Flow-through process tanks; and
            Emergency spill and overfill tanks.

Requirements for notification, recordkeeping, leak detection, and spill, overfill, and corrosion
protection are described below.  Federal and state laws mandate strict penalties for failure to
report or to respond properly to spills or leakage once detected. Penalties also apply to
violations of the requirements for the installation, monitoring, testing, registration, and removal or
closure of USTs.

Notification. A facility must report to the regulatory authority on the following occasions:

            LIST installation.  When an UST is installed, fill out a notification form. The form
            must be submitted to the  responsible state UST program office for all onsite UST
            systems.  The Notification Form includes certification of compliance with federal
            requirements for installation, cathodic protection, release detection, and financial
            responsibility for UST systems  installed after December 22,  1988.
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            Suspected release.  Report suspected releases to the regulatory authority. If a
            release is confirmed, the facility must also report follow-up actions planned and
            take corrective actions to correct the damage caused by the LIST.

            LIST closure. Notify the regulatory authority 30 days before the facility permanently
            closes the LIST.

Recordkeeping. Leak detection, corrosion protection, financial responsibility, closure, and
corrective action records must be maintained onsite.

            Leak detection records include: the past year's monitoring results and most recent
            tightness test; copies of performance claims; and maintenance, repair, and
            calibration of leak detection equipment.

            Corrosion protection records include results of the last two tests proving the
            cathodic protection system is working and the last three inspections proving that
            impressed current systems are operating properly.

            If you are  an owner and operator of a petroleum LIST (e.g., vehicle fuel tank), you
            must have financial responsibility documentation showing you (1) have either
            insurance coverage; a guarantee from another firm; a surety bond; or a letter of
            credit; (2)  have passed a financial test; (3) have a trust fund; (4) participate in a
            state financial assurance fund; or (5) use another financial method(s) of coverage
            approved  by your state. (Note: if the owner and operator of a petroleum LIST are
            separate persons, only one person is required to demonstrate financial
            responsibility; however, both parties are liable in event of noncompliance.)  (See 40
            CFR 280.090.)

            Closure records document that the LIST was removed from service in accordance
            with federal  requirements for notification and correct, safe closure.

            Corrective action  records document that any releases from USTs have been
            reported to the appropriate agency and have been responded to as required.

Leak Detection. Facilities must check their USTs at least once a month to see if they are
leaking. The facility must conduct one of the three following methods of leak detection:

            All  USTs can use monthly monitoring consisting of one of the following methods
            or other methods  approved by the regulatory agency:

             - Automatic tank gauging
             - Vapor monitoring
             - Interstitial monitoring with secondary containment
             - Groundwater monitoring
             - Statistical inventory reconciliation.

            Check with the state UST program to determine which methods are acceptable.
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           USTs installed before December 22, 1998 can temporarily use monthly inventory
           control and annual tank tightness testing. This is not an acceptable method
           after December 22,1998.

           USTs installed or upgraded with spill, overfill, and corrosion protection can
           temporarily use monthly inventory control combined with tank tightness testing
           every five years. This combined method can be used only for ten years after the
           tank has been installed or retrofitted with corrosion  protection or until December 22,
           1998, whichever is later.

In addition, facilities must conduct leak detection on any pressurized piping by (1) monthly
monitoring (as described above) or annual line testing, and  (2) an automatic flow restrictor, an
automatic shutoff device, or a continuous alarm system.

Spill, Overfill, and Corrosion Protection.  USTs installed on or before December 22, 1988,
must meet spill, overfill, and corrosion protection requirements no later than December 22,
1998.  USTs installed after December 22, 1988 were required to be constructed with spill,
overfill, and corrosion protection.

           Spill and overfill  protection. USTs must have catchment basins to contain spills. In
           addition, the facility and the fuel deliverer must follow industry standards for correct
           filling practices.  New USTs must have overfill  protection devices when they are
           installed. The three main types of overfill protection devices are automatic shutoff
           devices, overfill alarms, and ball float valves.

           Corrosion protection.  Corrosion is the dissolution or gradual wearing away of
           materials, especially by chemical action. Metal is especially susceptible to
           corrosion.  If your UST or piping is made of metal or has metal components, you
           must have some form of corrosion protection for them.  All corrosion protection
           systems must be operated and maintained to provide continuous corrosion
           protection to the metal components of the portion of the  UST and piping that are in
           contact with the ground and routinely contain petroleum  products or hazardous
           substances.

To find out more about federal UST requirements, you can receive free explanatory publications
and assistance by calling EPA's RCRA/UST, Superfund and EPCRA hotline at 1-800-424-9346
or 703-412-9810, or by visiting EPA's Office of Underground Storage  Tanks website at
http://www.epa.gov/OUST/. State and local UST requirements can differ from federal
requirements so be sure to check with appropriate state and local regulatory agencies.


8.8      Used  Oil  Management Standards
If you generate used oil at your food processing
facility, you are responsible for ensuring that it is
managed properly. A generator of used oil is
defined by EPA as any business which
produces used oil through commercial and
industrial operations, or that collects it from
     What is used oil? EPA's defines used oil
     as "any oil that has been refined from
     crude oil,  or any synthetic oil, that has
     been used and as a result of such use is
     contaminated by physical or chemical
     impurities."
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these operations. The definition of used oil (see box) includes oils that are used as hydraulic
fluids as well as oils that are used to lubricate automobiles and other machinery, cool engines,
or suspend materials in industrial processes.
As a generator of used oil, you must follow the used oil management standards found in 40 CFR
279. Some of these requirements include:

          Keeping storage tanks and containers in good condition

          Labeling storage tanks and containers "Used Oil"

          Cleaning up any used oil spills or leaks to the environment (see Section 9.0)

          Using a transporter with an EPA ID number when shipping used oil offsite.

State  Requirements

Used oil is not categorized as hazardous waste under federal RCRA requirements, however, it
may be under some state regulations.  For example, California classifies used oil as hazardous
waste. In addition, used oil may have strict disposal requirements in some states. Be sure to
contact your state regulatory agency for information on how to manage used oil.


8.9     Good  Environmental Management

          Practices


8.9.1   How to Select a  Hazardous Waste  Transporter

          and Waste Disposal/Treatment  Facility

Carefully choosing a transporter and designating a waste treatment/disposal facility are
important. Even when the waste leaves your control, your facility remains legally
responsible for the proper disposal of your waste and any associated spills or accidents.

You should be aware that under RCRA, transporters are required to:

          Obtain an EPA/state identification number
          Comply with the manifest system
          Respond appropriately to hazardous waste discharges
          Comply with both the RCRA requirements (40 CFR 263) and the DOT regulations
          (49 CFR 171-179).
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Before choosing a transporter or designating a facility, check with the following sources:

           Your state hazardous waste management agency or EPA regional office, which will
           be able to tell you whether or not a company has an EPA/state identification
           number and may know whether or not a company has had any problems. They
           may also have a list of licensed (approved) transporters.

           Your friends and colleagues in the food processing business who may have used a
           specific hazardous waste transporter or treatment/disposal facility in the past.

           Your trade association(s) which may keep a file on companies that handle
           hazardous waste.

           Your Better Business Bureau or Chamber of Commerce to find out if any
           complaints have been registered against a transporter or facility.

After checking with these sources, contact the transporter and hazardous waste treatment/
disposal facility directly to verify that they have an EPA/state identification number, and that they
can and will handle your waste.  In some states, the transporter and the designated facility may
be required to have a special permit to operate.  Make sure that the transporter and waste
treatment/disposal facility have the necessary permits and insurance and that the transporter's
vehicles are in good condition.  You  may also want to ask them:

    • Where the waste is going
    • To provide information on their track record
    • If they have ever been cited for improper practice.

Checking sources and choosing a transporter and waste treatment/disposal facility may take
some time. You should begin checking before you open your shop or well ahead of the time you
will need to ship your waste.


8.9.2    Disposing of  Hazardous Waste Onsite

You may not dispose of your hazardous waste on your property. Additionally, if you discharge
more than 15 kg of a hazardous substance in a month to the POTW, you must meet certain
reporting requirements (see Table 4.7 Reporting Requirements for All Indirect Discharges).
Typically, discharging any hazardous substance to a  sewer is not considered good
management practice and in many states it may be illegal.  For more information, contact the
local wastewater or sewage treatment office or your state hazardous waste management
agency.
8.9.3   Good Housekeeping
Good hazardous waste management can be thought of as simply "good housekeeping"
practices which include:

    • Using fewer hazardous materials
    • Reusing materials as much as possible

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    • Recycling and reclaiming waste
    • Reducing the amount of waste you generate.

To reduce the amount of waste you generate:

           Do not mix nonhazardous wastes with hazardous wastes (e.g., combining
           nonhazardous cleaning agents or rags in the same container as hazardous
           wastes). If you do, the nonhazardous wastes become subject to hazardous waste
           regulations and you will have more hazardous waste for disposal.

           Avoid mixing several different hazardous wastes.  Doing so may make recycling
           very difficult, if not impossible.  It may also make disposal more expensive.

           Avoid spills or leaks of hazardous products. The materials used to clean up such
           spills or leaks also become hazardous wastes.

           Make sure the original containers of hazardous products are completely empty
           before you throw them away.  Use ALL of the product.

           Avoid using more of a hazardous product than you need.  For example, use no
           more cleaning solvent than you need to do the job.

Reducing your hazardous waste means saving money on raw materials and reducing the costs
to your business for managing and disposing of your  hazardous wastes.
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                    SECTION 9  CONTENTS
9.  How Do I Comply With Spill Or Chemical Release Requirements?	9-1
    9.1  Introduction  	9-1
    9.2  Emergency Planning and Reporting Requirements 	9-3
        9.2.1  EPCRA Emergency Planning and Reporting - Other Than Section 313 ... 9-4
        9.2.2  EPCRA Toxic Chemical Release Reporting - Section 313 	9-6
        9.2.3  Oil Spill Prevention Plans (SPCC) and Response Plans (FRPs) 	9-7
        9.2.4  CAA Risk Management Planning	9-9
        9.2.5  RCRA Contingency Plans	9-10
    9.3  Notification And Response Requirements  	9-10
        9.3.1  EPCRA 304/CERCLA Section 103 Notification Requirements 	9-12
        9.3.2  CWA/OPA Notification Requirements	9-13
        9.3.3  RCRA Emergency Response Requirements	9-16
        9.3.4  RCRA LIST Emergency Response Requirements	9-17
    9.4  Summary	9-18


Table 9-1. Terms for Regulated Materials Under Various Statutes	9-2
Table 9-2. Major Federal Regulations With Planning and Reporting Requirements	9-3
Table 9-3. Summary of EPCRA Regulatory Criteria	9-4
Table 9-4. EPCRA Section 313 Activity Categories/Reporting Thresholds 	9-7
Table 9-5. Major EPA Regulations that Address Notification and Response
         Requirements	9-10
Table 9-6. Notification and Response Requirements 	9-11
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      9.    How Do I  COMPLY WITH SPILL OR
         CHEMICAL  RELEASE  REQUIREMENTS?

9.1    Introduction
This section provides an overview of the emergency
planning, reporting, notification and response              Requirements: Your state and
requirements across major statutes administered by EPA,    m^/c/pa//fy may have
(plus related OSHA requirements) tha apply to:  1) the       requirements in addition to the
storage of oils and hazardous materials and (2) the spills     f^era, requirements with which
and releases of pollutants, such as oils, hazardous             must     ,   You shoM
materials and wastes.  The term  hazardous material ,s     ^ wjth 0^state or /oca/
used here in the same way as used in Section 3^0          environmental agencies to
Understanding the Process:  In pus Outputs and           determine these requirements.
Applicable Federal Environmental Regulations. Because   |	      	
                                                  Check State and Local
these requirements are explained in detail in the statue-
specific sections of the guide, this section does not repeat this information, but rather, briefly
compares and contrasts the regulatory approaches and the different terminology for regulated
substances.

The primary purpose of this section is to assist you in understanding the similarities and
differences  among these requirements and their interconnections, and to provide a single place
of reference against which you should check the applicable regulatory requirements for your
inputs and waste outputs. Another purpose is to re-emphasize the importance of complying with
these requirements, some of which are relatively new, such as the Risk Management Program
under the Clean Air Act. Please read this section very carefully, become knowledgeable about
the relationship between these requirements, and make sure that your staff knows what to do in
the event of an emergency.
Regulatory Approaches
Some federal statutes, such as the Clean Air Act (CAA), Clean Water Act (CWA), Oil Pollution
Act (OPA), and the Resource Conservation and Recovery Act (RCRA), have planning, reporting,
notification and response requirements that pertain to spills or releases to specific
environmental compartments (e.g., air, water, land). For example:

        CWA and OPA requirements pertain to spills or releases to surface water and/or
        groundwater.

        CAA requirements apply to releases to ambient air.

        RCRA requirements pertain to spills or releases to land.

In addition, some requirements under the CWA, OPA, and RCRA are designed to alert publicly
owned treatment works (POTWs) of impacts from spills of oil(s), hazardous waste, or other

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hazardous materials into the sewer system.  In addition, there are requirements to notify
appropriate authorities of discharges of hazardous waste to septic systems.

In contrast to this approach, the planning, reporting, notification, and response requirements
under the Emergency Planning and Community Right-to-Know (EPCRA) and the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) focus on
specific substances, irrespective of the environmental compartment into which a spill or
release might occur.

For either approach, the particular substances subject to the requirements are defined through
the regulations  under each federal statute. The terms used for regulated materials under each
program differ,  and this can be confusing. Table 9-1 Terms for Regulated Materials Under
Various Statutes shows terms used under the six (6) statutes administered by EPA, plus OSHA.
Each program defines and usually lists the materials or substances that are regulated. A
material or substance may appear on one or more of these lists. There is, however, no single
"master" list to which you can refer. Also these  lists may be modified or amended from time to
time. Therefore, you should obtain and review each definition and list to determine what
materials or substances at your facility may be regulated, and you should keep abreast of
relevant changes.


     Table 9-1.  Terms for Regulated  Materials Under Various Statutes
Statute
EPCRA
OSHA
CERCLA
CWA
OPA
RCRA
CAA
Term Used
Extremely hazardous substances
Hazardous chemicals
Hazardous substances
Hazardous substances
Oil (petroleum or non-petroleum)
Hazardous wastes
Regulated substances
CFR citation
40 CFR 355
29 CFR 1910
40 CFR 302
40 CFR 116 and 117
40 CFR 1 112
40 CFR 261
40 CFR 68
Organization of this Section
Planning and reporting activities are critical in preventing accidental releases of regulated
materials at any facility. For the purposes of this guide, Section 9.2 Emergency Planning and
Reporting Requirements groups these requirements across several statutes.  The term
"reporting" is used in a particular way as highlighted in the text box. Similarly, Section 9.3
Notification and Response Requirements groups the notification and response requirements
across several statutes This structure for dividing and grouping these requirements was
selected solely for the purpose of comparing and contrasting similar requirements across
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statutes.  Keep in
mind, however, that
implementation of
these requirements-
tor planning, reporting,
notification, and
response to
releases-at your
facility should be
integrated.
The term "reporting" as described in Section 9.2 Emergency
Planning and Reporting Requirements, refers to the inventory
reports that must be made regarding the hazardous chemicals that
are stored onsite at a facility. This type of inventory reporting should
take place before a spill occurs to ensure proper emergency
response to the spill. This reporting is different from the notification
requirements (described in Section 9.3 Notification and Response
Requirements) triggered when accidental spills or releases do
occur.
9.2    Emergency  Planning and  Reporting

         Requirements

This section provides an overview of the planning and reporting requirements under each
statute. This will allow you to see the similarities and differences, and the interconnections
among these requirements. Table 9-2 Major Federal Regulations With Planning and Reporting
Requirements provides references to these requirements under EPA's statutes, plus OSHA. For
a fuller explanation of these planning requirements, refer to the statute-specific sections of the
guide for information and references.


    Table 9-2.  Major Federal Regulations With Planning and  Reporting
                                Requirements
Subject
EPCRA Planning Requirements
EPCRA Hazardous Chemical Inventory
EPCRA Toxic Chemical Release Reporting
SPCC Plans
OPA Facility Response Plans
CAA Risk Management Plans
RCRA Contingency Plans
OSHA Process Safety Management1
Hazard Communication Standard1
Hazardous Waste Operations and Emergency
Response (HAZWOPER)1
Law
EPCRA
EPCRA
EPCRA
CWA and OPA
CWA amended by OPA
CAA Section 112(r)
RCRA
OSHA
OSHA
OSHA
Reference to
Regulation
40 CFR 355
40 CFR 370
40 CFR 372
40 CFR 112
40 CFR 112
40 CFR 68
40 CFR 262
29 CFR 1910
29 CFR 1910
29 CFR 1910
1 These requirements are mentioned here because of their relationship with EPCRA, however, they will not be discussed in
detail.  Please see 29 CFR 1910 for more information.
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Table 9-2 includes OSHA requirements because of the relationship between several OSHA
programs and EPA's programs-for example, the relationship between CAA Risk Management
Plans and OSHA Process Safety Management, and the relationship between EPCRA
Hazardous Chemical Inventory Reporting and OSHAs Hazard Communications Standard.

Emergency planning and reporting are important activities at every facility.  Your facility can
prepare for an accidental spill or release by creating required prevention and response plans,
and by participating in local emergency planning activities. A new approach to handle planning
requirements is to combine two or more plans into one integrated plan containing all the
requirements for your facility. Before doing this, you should check with your state or your
EPA Regional Office to find out if this is an accepted practice.


9.2.1     EPCRA Emergency Planning  and Reporting—

            Other  Than  Section  3  I 3

Section 7.0 How Do I Comply With the Emergency Planning and Community Right-to-Know Act
Regulations? is the primary section in this guide to refer to for information about EPCRA
requirements. This section contains  only a very brief summary. Keep in mind the following,
critical distinctions among the sections of EPCRA, as presented in Table 9-3.   First, Sections
301-303, 311, and 312 focus on the amount of chemicals present at your facility. Whereas
Section 313 focuses on the amounts of chemical manufactured, processed, or otherwise
used.
            Table 9-3.  Summary of EPCRA Regulatory Criteria
Subject
Emergency Planning
Hazardous chemical
inventory and reporting
Toxic chemical release
reporting
Statutory Section
Sections 301-303
Sections 311 and 312
Section 313
Regulatory Criteria
"Present at"
"Present
"Manufactured,
processed or used"
Reference to
Regulation
40 CFR 355
40 CFR 370
40 CFR 372
Emergency Planning. Congress designed the emergency planning sections (Sections 301-
303) of EPCRA to develop state and local governments' emergency response and
preparedness capabilities through better coordination and planning, especially with the local
community.  The responsibility of your facility to participate in emergency planning activities
depends on the presence of EPCRA extremely hazardous substances (EHSs) in amounts equal
to or in excess of the threshold planning quantities (TPQs).  EHSs typically found at food
processing facilities include ammonia (for refrigeration), chlorine (for disinfection), and nitric and
sulfuric (for cleaning) acids. See Section 7.2 Emergency Planning for more information about
these requirements.
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Hazardous Chemical Inventory and Reporting (MSDS and Tier Reporting). The hazardous
chemical inventory and reporting provisions outlined in EPCRA Sections 311 and 312 require
you to take an inventory of the EPCRA EHSs (40 CFR 355, Appendices A and B) and the OSHA
hazardous chemicals present onsite at your facility in amounts equal to or in excess of TPQs.
Your facility is subject to these reporting requirements if: (1) your facility is regulated under
OSHAs Hazard Communications Standard (29 CFR 1910.1210), and (2) your facility equals or
exceeds EPA-established thresholds for EPCRA EHSs and OSHA hazardous chemicals onsite
at any one time.  The thresholds that you must use varies depending on whether the chemical is
classified as an EPCRA EHS or OSHA hazardous chemical. See Section 7.4 Hazardous
Chemical Inventory and Reporting for more information on these requirements.

Exemptions from these requirements exist for specific chemicals under OSHA and EPCRA
Section 311 (e).  One exemption under Section 311 (e) covers any food, food additive,  color
additive, drug or cosmetic regulated by Food and Drug Administration (FDA). Remember, these
exemptions apply to specific chemicals within the scope of the exemption only,  not to all
hazardous chemicals at a particular facility.
    MSDS and Hazardous Chemical Inventory Reporting. Under Section 311, you must
    submit a one-time notification of the EPCRA EHSs and OSHA hazardous chemicals
    present at your facility in amounts equal to or in excess of the TPQs to the SERC, LEPC,
    and local fire department. To meet the reporting requirement, your facility must submit
    either an MSDS or a list of the EPCRA EHSs and OSHA hazardous chemicals grouped by
    hazard category. Information reported under Section 311  must be updated.

    Tier Reporting.  Under Section 312, your facility must meet an annual reporting
    requirements for EPCRA EHSs and OSHA hazardous chemicals in amounts equal to or in
    excess of threshold levels. If your facility equals or exceeds the threshold levels at any
    time (not the average amount onsite) in the preceding year, you must submit to the SERC,
    LEPC, and local fire department an "Emergency and Hazardous Chemical Inventory Form."
    This form must be submitted by March 1 and it covers the previous calendar year.

    EPA publishes two types of inventory forms, Tier I and Tier II, for reporting inventory
    information. While federal regulations require only the submission on a Tier I form, EPA
    encourages, and some states require, the use of the Tier II form. EPA distributes an
    electronic version of the Tier II form in both Windows and DOS formats.

For more information on EPCRA planning and reporting requirements, refer to Section 7.0 in this
Guide or contact the RCRA/UST, Superfund and  EPCRA Hotline at 1-800-424-9346 or 703-412-
9810, or access EPAs Chemical Emergency Preparedness and Prevention Office (CEPPO)
homepage at http://www.epa.gov/ceppo/.
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9.2.2     EPCRA Toxic Chemical  Release Reporting-
             Section 3 I 3
Section 7.5 Toxic Chemical Release Reporting - EPCRA Section 313 is the primary section of
this guide to refer to for information about EPCRA Section 313 reporting requirements. To
assist food processing facilities in complying with the reporting requirements of EPCRA Section
313 and Section 6607 of the Pollution Prevention Act of 1990, EPAs Office of Pollution
Prevention and Toxics (OPPT) has prepared a guidance manual, entitled EPCRA Section 313
Reporting for Food Processors (EPA 745-R-98-011, September 1998). This new guidance
supplements the TRI Forms and Instructions.  For more information, visit the TRI Homepage,
http://www/epa/gov/opptintr/tri.)

EPCRA Section 313 requires certain designated businesses to submit annual reports to EPA
(commonly referred to as Form R and Forms A) on the amounts of more than 600 EPCRA
Section 313 chemicals and chemical categories released and otherwise managed (40 CFR
372). The standard report is Form R. However, to reduce the reporting burden for small
businesses,  EPA established an alternative threshold reporting level, known as Form A.

EPCRA Reporting Criteria. The following four questions will help you to determine if your
facility must prepare a Form R report.

    1.    Is the SIC  Code for your facility included  in the list covered by EPCRA Section 313
         reporting?

    2.    Does your facility employ 10 or more full  time employees or their equivalent?

    3.    Does your facility manufacture (which includes importation), process, or otherwise
         use  EPCRA Section 313 chemicals?

    4.    Does your facility exceed any applicable  threshold* of EPCRA Section 313
         chemicals?

If you answer "No" to any one of the first three questions, you are not required to prepare and
submit  Form R or Form A reports. If you answer "Yes" to aH of the first three questions, you
must then address question four.

Threshold Determinations. To  address question four, you must do the following: a) complete
a threshold calculation for each EPCRA Section 313 manufactured, processed or otherwise
used at your facility; b) compare these calculations to the reporting thresholds  shown below in
Table 9-4; and c) for each EPCRA section  313 chemical exceeding a threshold, you must
submit a Form R (or a Form A) report.

EPCRA Section 313 reporting requirements define three activity categories for each EPCRA
Section 313 chemical. These categories include "manufacturing" (which includes importing),
"processing" or "otherwise using."
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       Table 9-4. EPCRA Section 3 I 3 Activity Categories/Reporting
                                   Thresholds
Chemical Activity
Manufacturing
Processing
Otherwise Use
Activity Threshold
25,000 pounds/year
25,000 pounds/year
10,000 pounds/year
These activity thresholds apply to each EPCRA Section 313 chemical.  Because each category
is mutually exclusive of the others, you must conduct a separate threshold determination for
each chemical for each activity category. The threshold determination is based solely on the
quantity actually manufactured (including imported), processed, or otherwise used, not on the
quantity of chemicals stored on-site or purchased.

Form R/Total Annual Reportable Amount. If your facility exceeds any one of the activity
thresholds, then you must submit a Form R (provided that you also meet the SIC code and
employee criteria). Among the information you must report for each EPCRA 313 chemical or
chemical category that exceeds a reporting threshold, is the "total annual reportable amount"
of "releases and other waste management activities." This amount is defined as follows: the
sum of the on-site amounts released (including disposal), treated, combusted for energy
recovery, and recycled, combined with the sum  of the amounts transferred off-site for recycling,
energy recovery, treatment, and release (including disposal). This total corresponds to the total
of data elements 8.1 through 8.7 on the 1997 version of the Form R.

Form A. The Form A report, also referred to as  the "Certification Statement "(59 FR 61488,
November 1994), is an alternative to Form R. EPA developed Form A to reduce the annual
reporting burden for facilities that meet certain criteria. The Form A Certification Statement must
be submitted for each  eligible EPCRA Section 313 chemical.  Form A does not require your
facility to report any estimate of releases and/or other waste management activities.  Rather,
your facility must simply certify that the total annual reportable amount does not exceed 500
pounds for that particular chemical.

EPCRA Section 313 Recordkeeping.  EPA requires you to maintain records substantiating the
Form R or Form A submission, fora minimum of three years (40 CFR 372.10). Each facility
must keep copies of the Form  R  or Form A along with all supporting documents, calculations,
work sheets, and other forms that you use to prepare the Form R or Form A.  EPA may request
this supporting documentation  during a regulatory audit.
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9.2.3     Oil Spill  Prevention  Plans (SPCC) and
             Response  Plans  (FRPs)
SPCC Plans. EPA first issued the Oil Pollution Prevention Regulation, known as the Spill
Prevention, Control and Countermeasures (SPCC) regulation, under the CWA in 1973. It
established requirements, including the SPCC Plan, for facilities to prevent oil spills from
reaching navigable waters of the U.S., or adjoining shorelines (40 CFR 112.3 through 112.7).
These requirements apply to nontransportation-related facilities that meet these criteria:

         Could reasonably be expected to discharge oil in harmful quantities into navigable
         waters of the United States or upon the adjoining shorelines, AND

         Have (1) an aboveground oil storage capacity of more than 660 gallons in a single
         container; or (2) a total aboveground oil storage capacity of more than 1,320 gallons;
         or  (3) a total underground storage capacity of more than 42,000 gallons.
If your facility is subject to the SPCC requirements based on the
above description, EPA requires you to prepare an SPCC plan
and conduct an initial screening to determine whether you are
required to develop a Facility Response Plan (FRP) (see below).    other federal, state, or
Those facilities that could cause substantial harm to the
SPCC-regulated facilities
must also comply with
                                                          local laws, some of which
environment must prepare and submit an FRP to EPA for         may be more Stnn9ent.
review. Significant and substantial harm facilities also must
meet these requirements.

The SPCC Plan is a written site-specific description detailing how a facility's operation complies
with 40 CFR 112.  In order to comply with 40 CFR 112, the SPCC Plan must be a carefully
thought out plan, prepared in accordance with good engineering practices and which has the
approval at a level with the authority to commit the necessary resources.  While each SPCC
Plan is unique, certain elements must be included in order for the SPCC Plan to comply with the
provisions of 40 CFR  112. If a section does not apply to your facility, your Plan must state this.
See Section 4.6.2 SPCC Requirements  for specific elements to include in your SPCC plan.

Facility Response Plans. In 1990, Congress passed the Oil Pollution Act (OPA) which
amended Section 311 of the Clean Water Act to require substantial harmfacilities to develop
and implement FRPs. EPAs FRP requirements appeared as a final rule in the Federal Register
on July 1, 1994 (40 CFR 112.20 and 112.21  and include Appendices A through F). Under the
FRP requirements, owners and operators of facilities that could cause "substantial harm" to the
environment by discharging oil into navigable water bodies or adjoining shorelines must prepare
plans for responding,  to the maximum extent practicable, to the worst case discharge and to a
substantial threat of such a discharge of oil.

Facilities subject to the FRP requirements under 40 CFR 112.20 are referred to either as
substantial harmfacilities or significant and substantial harmfacilities.  FRPs from
substantial harm facilities are reviewed by EPA while FRPs from significant and substantial
harm facilities are reviewed and must be approved by EPA.

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If subject to the FRP requirements, you must prepare and submit a FRP to the appropriate EPA
Regional Office. To assist you in preparing a FRP, EPA has prepared and included a model
facility response plan in 40 CFR 112.2, Appendix F. EPA recognizes that there may be many
facilities with existing response plans prepared to meet other requirements. Under OPA, you do
not need to prepare a separate FRP provided that the original response plan:

    (1) satisfies the appropriate requirements and is equally as stringent;
    (2) includes all elements described in the model plan;
    (3) is cross-referenced appropriately; and
    (4) contains an action plan for use during a discharge.

EPA also recognizes that many facilities have established SPCC plans. Although response
plans and prevention plans are different, and should be maintained separately, some sections of
the plans may be the same. Under OPA regulations, you are allowed to reproduce or use those
sections of the SPCC plan in the FRP.  For more information on FRPs, see Section 4.6.3
Facility Response Plans  or visit EPAs Oil Program Homepage at http://www.epa.gov/oilspill/.


9.2.4     CAA  Risk Management  Planning

As required under Section 112(r) of the amended CAA, EPA has promulgated the Risk
Management Program Rule (40 CFR 68). The rule's main goals are to prevent accidental
releases of regulated substances and to reduce the severity of those releases that do occur by
requiring facilities to develop risk management programs. A risk management program must
incorporate three elements: a hazard assessment, a prevention program,  and an emergency
response program. These  elements are to be summarized  in a risk management plan that will
be made available to state and local government agencies and the public.  Besides helping
facilities prevent accidents,  the rule can improve the efficiency of work operations by ensuring
that workers are trained in proper procedures and by using preventive maintenance to reduce
equipment breakdowns.
If your facility has more than a threshold quantity of any of
the 140 regulated substances in a single process, you are
required to develop a risk management program and to
summarize your program in a risk management plan by
June 21,1999. The plan you submit to EPA must
Regulated Substances.
EPA listed 140 regulated
substances by rule published
January 31, 1994; and
summarize your program and must be made available to the    amended the list by rule on
public.  Once your plan is submitted, it will be reviewed for      December18 7997. EPA
accuracy and completeness.  A site visit also may be          ™fy amend thel'st m the
conducted at your facility by either EPA, state, or local          future as needed-
officials to determine whether your plan accurately reflects
your risk management program in operation.

To make compliance easier for small businesses,  EPA has worked with trade associations and
other industry groups to develop a series of industry-specific brochures that will assist
businesses in creating their risk management programs. In addition, EPA has been working
with industry groups (e.g., ammonia refrigeration) to develop model risk management programs.
To review this model program, refer to EPAs Chemical Accident Prevention and Risk
Management Planning website at http://www.epa.gov/swercepp/acc-pre.htmtfModel Plans/.

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For more information about risk management planning requirements and industry-specific
brochures, see EPA's Chemical Emergency Preparedness and Prevention Office's Homepage
at http://www.epa.gov/ceppo/ or see Section 6.4 Risk Management Planning or Appendix A.3.
Summary of Principal Regulations Under the Clean Air Act of this document. You also may
obtain copies of the rule and a wide variety of technical assistance materials, as well as
answers to your specific questions, from EPA's RCRA/UST, Superfund and EPCRA hotline at 1-
800-424-9346 or 703-412-9810.  Also check with your industry trade association for assistance
in communicating with the public about risk management programs.


9.2.5     RCRA  Contingency  Plans

If you are a small or large quantity generator of hazardous waste, the emergency preparedness
requirements under RCRA require that you develop a contingency plan for responding to spills or
releases of hazardous wastes. A contingency plan will help you look ahead and prepare for
accidents that could possibly occur at your food processing facility.  If you are a large quantity
generator (LQG), you are required to have a written contingency plan.  If you are a small
quantity generator (SQG), you must have basic contingency procedures in place. Although a
written contingency plan is not federally required
for SQGs or conditionally exempt small quantity
generators (CESQGs),  it is strongly recommended.
It also is important to check with your state and
local authorities for any  additional contingency plan
or emergency preparedness requirements. See
Table 8-3 in Section 8.0 How Do I Comply With the
Hazardous Waste Regulations? for more
information on contingency plan requirements for
LQGs and SQGs.
Keep in mind that employees who are
responding to releases of hazardous
substances and hazardous waste are
required to be trained under OSHA's
Hazardous Waste Operations and
Emergency Response (HAZWOPER)
requirements (see 29 CFR 1910.120).
9.3    Notification  And  Response Requirements

Releases or spills can occur, regardless of the amount of planning and prevention activities
being conducted. The purpose of this subsection is to provide a single, general reference place
of what you are required to do in response to a release or spill to the environment.  Depending
on the type of material released to the environment, there are various notification and response
requirements under several EPA environmental statutes with which you must comply. These
regulations are listed in Table 9-5.
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        Table 9-5.  Major EPA Regulations that Address Notification
                          and Response Requirements
Subject
EPCRA Release Notification
CERLCA Release Notification
Notification of Spills of Oil
Notification of Spills of Hazardous Substances
Notification of Slug Loading to POTW
Notification of discharge of hazardous waste to
POTW
Notification of discharge of hazardous waste to
septic system
RCRA Emergency Response
RCRA LIST Emergency Response
Law
EPCRA
CERCLA
CWA
CERCLA
CWA
CWA
CWA
RCRA
RCRA
Reference to Regulation
40 CFR 355
40 CFR 302
40 CFR 110, 116, and 117
40 CFR 300 and 302
40 CFR 403
40 CFR 403
40 CFR 144
40 CFR 262
40 CFR 280
Notification is the requirement to notify the appropriate authorities of a release to an
environmental compartment (e.g., water, air, land). These authorities may include federal, state,
and/or local government regulatory agencies, an entity with emergency planning respnsibilities
such as a LEPC, or an organization responsible for responding to emergencies such as a fire
department. The notification requirements are specific to each program/statute.

They are usually, but not always, triggered by the spill or release of a defined threshold or
quantity of a substance. Knowing how these thresholds or quantities apply to your facility is
critical. Sometimes, as in the release of an oil in any amount, or of a CERCLA hazardous
substance in an amount that exceeds the reportable quantity, you are required to call the
National Response Center at 1-800-424-8802. In other instances, such as the release of an
EPCRA extremely hazardous substance in an amount that exceeds the reportable quantity, you
are required to contact your SERC and LEPC. Table 9-6 summarizes who to notify and when
for each type of notification and response requirement. (Table 9.4 provides CFR citations to
each requirement.)

Response requirements specify certain procedures to be followed when responding to a spill or
release, such as how to contain the release and who to contact.  One of the most important
aspects of the notification and response requirements is the timeframe within which the agency
or emergency responder must be notified. This timeframe is typically immediately and by
telephone. Several statutes require a written follow up notification within a specified period of
time.
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           Table 9-6.  Notification and  Response Requirements
Subject
EPCRA Release Notification
CERLCA Release Notification
Notification of Spills of Oil
Notification of Spills of
Hazardous Substances
Notification of Slug Loading
toPOTW
Notification of discharge of
hazardous waste to POTW
Notification of discharge of
hazardous waste to septic
system
RCRA Emergency Response
RCRA UST Emergency
Response
Law
EPCRA
CERCLA
CWA
CERCLA
CWA
CWA
CWA
RCRA
RCRA
Who to Notify
SERC, LEPC
NRC
NRC
NRC
POTW or state authorities
POTW, State Haz. Waste Authority,
EPA Regional Waste Management Div.
Director
EPA Regional UIC Well Program, and
state UIC Program authorities
In event of fire, call local fire department.
In event of a fire, explosion or other
release that could effect human health
outside the facility, or if the spill has
reached surface water, call the NRC.
State UST permitting agency or EPA
Region (whichever currently administers
the UST program for your facility.
When
Immediately
Immediately
Immediately
Immediately
Immediately
Immediately;
In writing
Immediately
Immediately
Within 24 hrs
9.3.1     EPCRA 304/CERCLA Section  103

            Notification Requirements

The emergency release notification requirements set out in EPCRA and CERCLA enable
federal, state, and local authorities to effectively prepare for and respond to chemical accidents.
In order for a release of a EPCRA extremely hazarous substance (EHS) or CERCLA
hazardous substance to be reportable, a certain amount must be released into the
environment within a 24-hour period.  This amount, called the reportable quantity (RQ),
triggers emergency release notification requirements. EHSs and their reportable quantities can
be found in 40 CFR 355, Appendices A and B, and CERCLA hazardous substances and their
reportable quantities can be found in 40 CFR 302, Table 302.4.

EPCRA Section 304 notification requirements are triggered for your facility if: (1) an EPCRA
EHS or CERCLA hazardous chemical is produced, used, or stored at your facility; AND (2)
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there is a release of a CERCLA hazardous substance or EHS into the environment with a
potential to affect human health and the environment offsite that equals or exceeds a reportable
quantity within a 24-hour period. If a release occurs, your facility is required to notify the
SERCS and LEPCs. See Appendix B. Resources for a list of SERCs and LEPCs.

Under CERCLA, if you are the person in charge of a vessel or facility and there is a release
within a 24 hour period of a CERCLA hazardous substance in an amount equal to or in excess
of the RQ for that substance (CERCLA 103(a), 40 CFR 302.6), you are required to immediately
notify the National  Response Center (NRC) at 1-800-424-8802. There are six specific
conditions that must be met to trigger the CERCLA requirement for notifying the NRC.

Releases That Are Not Reportable. There are several types of releases that are excluded
from the requirements of both EPCRA and CERCLA release notification. These releases were
excluded originally under CERCLA Section 101(22) because  they are covered by other
regulatory programs. The regulations found at 40 CFR 355.40(a)(v) extend these statutory
exclusions under CERCLA  to the release reporting  requirements under EPCRA.

Initial Notification. It is very important to notify the proper agency(s) and to do so as soon as
practical for any reportable spill.  Initial notifications can be made by telephone, radio, or in
person.  Under EPCRA, initial notification is required immediately upon discovering a spill. Thus
the person making  the report must use good judgement in determining how much time to spend
in collecting information prior to making the notification.  Specific information, such as the
chemical name/identity of material(s) released, will be valuable.

Follow-up Actions fora Spill or Release. After the initial communication is established with
the appropriate agencies, your facility must provide a written follow-up emergency notice, as
soon as practicable after the release. The follow-up notice or notices must update information
provided in the initial notice  and provide information on actual response actions taken, health
risks associated with the release, and advice regarding medical attention necessary for exposed
individuals.

Your state also may have requirements for notifications and emergency response actions. To
identify the appropriate state agencies, call the RCRA/UST, Superfund and EPCRA Hotline at 1-
800-424-9346 or 703-412-9810.


9.3.2     CWA/OPA  Notification Requirements

Under OPA, EPA has established requirements to report spills of oil and  hazardous substances
to navigable water of the U.S., including adjoining shorelines.  In addition,  the requirements of the
CWA, OPA and RCRA, are designed to alert POTWs of impacts from spills of oil, hazardous
waste or other hazardous substances to the sewer systems. They are also designed to protect
septic systems from discharges of hazardous waste.

Releases of Oil and  Hazardous  Substances to  Water

Under the Oil Pollution Prevention Regulations, you are required  to meet  notification
requirements for releases of oil and hazardous substances to navigable water or adjoining
shorelines.

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Notification - The "One"  Immediate Phone Call  to the NRC
                 NATIONAL RESPONSE CENTER


                             1 -800-424-8802

                     In the Washington,  D.C. area:

                              703-412-9810

              For more information on the NRC, access
                    http://www.epa.gov/oilspill/NRC
        Immediately notify the National Response Center (NRC) of discharges/releases of
        oils and hazardous substances by calling the NRC number.
        If notifying the NRC is not practicable, then immediately notify the pre-designated
        On-Scene Coordinator (OSC) of EPA or the USCG. (This means that you must
        know who your designated OSC is before the release or discharge occurs.)
        As required by the relevant Area Contingency Plan, report spills to the state, the tribal
        government, the territory or commonwealth where the spill occurred.
When an oil spill enters into or threatens any navigable water in the United States, coordinated
teams of local, state, and national personnel are called upon to help contain the spill, clean it up,
and assure that damage to human health and the environment is minimized. EPA has
established requirements for reporting spills into navigable waters or adjoining shorelines.
Specifically, facilities are required to report discharges of oil in quantities that may be harmful to
public health or welfare or the environment.

EPA has determined that discharges of oil in quantities that may be harmful include those that:
(1) violate applicable water quality standards; (2) cause a film or "sheen" upon or discoloration of
the surface of the water or adjoining shorelines; or (3) cause a sludge or emulsion to be
deposited beneath the surface of the water or upon adjoining shorelines.
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Reporting to the National Response  Center

Any person in charge of a vessel or onshore or offshore facility should notify the
NRC at 1-800-424-8802 as soon as he/she had knowledge of a discharge from
a vessel or facility. Spills or releases of oil which reach navigable waters or
adjoining shoreline (including storm drains) or land areas which may threaten
waterways must always be reported to the NRC.

When you contact the NRC, the staff person will ask you for the specific pieces of information.
The NRC relays this spill information to EPA and the USCG, depending on the location of the
incident. Specifically, representatives of the EPA or USCG, known as On-Scene Coordinators
(OSCs), are notified. (See Section 4.6.4 Oil Spill Notification and Response for more
information.)

Additional reporting. In addition, if your regulated facility experiences a single discharge of
more than 1,000 gallons of oil or discharges oil in harmful quantities into or upon navigable
waters in two reportable spill events during any 12-month period, you must submit a spill report
in writing to the EPA Regional Administrator within 60 days.

Releases of Hazardous Substances to Water

In the case of a spill of a hazardous substance released over a 24 hour period at your facility or
from facility equipment, and the released material enters a "water of the U.S." in a quantity equal
to or exceeding the reportable quantity in CERCLA Section 102, you must notify the NRC as
required under CWA Section 311 (b); 40 CFR 116 and 117. Also note that if a spill enters a
separate storm sewer that discharges to a surface water, it is subject to notification
requirements.  If the spilled material enters a sewer that discharges to a POTW, and it is not
from a mobile source (e.g., a truck), it is not subject to these CWA notification requirements;
however, you must immediately notify the POTW.
Slug  Loading to POTW
Slug loading is defined as any relatively large release of a pollutant that ordinarily might not
cause a problem when released in small quantities. If you know of an occurrence of slug loading
at your facility that could cause problems to the POTW, you are required to notify the POTW or
state immediately of a discharge of wastewater (40 CFR 403).


Hazardous Waste Sewer Discharge Notification

To make sure that hazardous wastes are not avoiding regulation by being discharged into the
sewer, EPA added a provisions to the pretreatment regulations (40 CFR 403) in 1990.  You must
notify the POTW, your EPA Regional Waste Management Division Director, and the state
hazardous waste authority (40 CFR 403) of any discharge to the POTW of a substance that
would be a hazardous waste under RCRA if:

        The waste is not acutely hazardous and more than  15 kg (about 2.4 gallons) are
        discharged in a calendar month; or

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         The waste is acutely hazardous and any amount is discharged.

The hazardous waste sewer discharge notification must be in writing, and include:

         The name of the hazardous waste as listed in 40 CFR 261;
         The EPA hazardous waste number; and
         The type of discharge (e.g., "batch" for a single event spill, such as a drum or
         container; or "continuous" for a large spill that has not stopped).

If more than 220 Ib (100 kg, or approximately 25 gallons) of hazardous waste is discharged to
the sewer per month by your food processing facility, then you also must include the following
information in the notification:

         The hazardous constituents in the waste;
         An  estimate of how  much hazardous waste (mass and concentration) was
         discharged to the sewer during that month; and
         An  estimate of how  much hazardous waste you will discharge in the next 12 months.

You should keep the telephone numbers of the people that you must notify (e.g., the POTW,
your EPA Regional Waste Management Division Director, and the state hazardous waste
authority) at the facility. Call your EPA and state regulatory agencies to get the appropriate
contact numbers.

Hazardous Waste  Septic System  Notification

If the discharge of any amount of a hazardous waste is to a septic system, you must
immediately notify the EPA Regional Underground Injection Control Program and the state
Underground  Injection Control  Program. Call your EPA and state regulatory agencies to get the
appropriate contact numbers.


9.3.3    RCRA Emergency Response Requirements
Your RCRA contingency plan should tell you
what to do if you have an accidental or
emergency release of a hazardous waste at
your food processing facility, and what to do
in case of emergencies such as fires or
explosions (see Section 8.0 How Do I
Comply With the Hazardous Waste
Regulations? and Section 9.2.5 RCRA
Contingency Plans for more information). In
the event of a hazardous waste release,
RCRA emergency response requirements
contain the following procedures for responding to a spill or release of hazardous waste(s):

         Contain the flow of hazardous waste to the extent possible, and as soon as is
         possible, clean up the hazardous waste and any contaminated materials or soil.
  Under RCRA, materials used in cleanup
  operations following a hazardous material or
  oil spill are considered hazardous wastes.
  These cleanup materials are considered part
  of your total monthly accumulation and may
  affect your generator status. See Section 8.0
  for information on determining generator
  status.
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         In the event of a fire, call the fire department and, if safe, attempt to extinguish the fire
         using a fire extinguisher. After the fire is out, contain the release as described above.

         In the event of a fire, explosion, or other release that could threaten human health
         outside the facility, or if you know that the spill has reached surface water, follow the
         instructions provided in Section 9.3.2.
All employees must know proper waste handling and
emergency procedures. In addition, a person at your
facility must be appointed to act as the emergency
coordinator to ensure that emergency procedures
are carried out properly. The responsibilities of the
emergency coordinator are: (1) he/she will be
available 24 hours a day (at the facility or by phone);
and (2) he/she will know whom to call and what
steps to follow in an emergency. See Section 8.0
How Do I Comply With the Hazardous Waste
Regulations? for more information.
         Keep in mind that employees who are
         responding to releases of hazardous
         substances and hazardous waste are
         required to be trained under OSHA's
         Hazardous Waste Operations and
         Emergency Response (HAZWOPER)
         requirements (see 29 CFR 1910.120).
9.3.4     RCRA UST Emergency Response

             Requirements

RCRA includes emergency response requirements for leaking underground storage tanks
(USTs) (in 40 CFR 280.53), including reporting, response, and cleanup procedures. If your
facility has USTs that contain petroleum or hazardous substances, and you identify any of the
following conditions associated with your UST(s), you must report:

         Unusual operating conditions exist (e.g., erratic behavior of product dispensing
         equipment, sudden loss of product from the UST system, or an unexplained presence
         of water in the tank) unless due to defective but not leaking equipment;

         Monitoring results (see Section 8.0) indicate that a release has occurred; or

         Regulated substances are observed or discovered at the UST site (e.g. free vapors in
         the soils, basements, sewer and utility lines, and/or a sheen on nearby surface
         waters).

Your report should be made within 24 hours to the state UST permitting  agency or  the EPA
Region, whichever currently administers the UST program for your facility. To help identify who
to contact, call EPAs RCRA/UST, Superfund and EPCRA Hotline at 1-800-424-9346 or 703-
412-9810 or visit EPAs Office of Underground Storage Tanks website at http://www.epa.gov/
OUST/.

In addition to this report, RCRA (40 CFR 280) requires that you immediately contain and clean
up a release from an UST that contains:
How Do / Comply With Spill or
Chemical Release Requirements?
9-17
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         Petroleum, where the spill exceeds 25 gallons or causes a sheen on a nearby surface
         water, or is less than 25 gallons but cannot be cleaned up within 24 hours.

         A CERCLA hazardous substance (listed at 40 CFR 302.4, Table 302.4) above the
         reportable quantity, or below the reportable quantity but cannot be cleaned up within 24
         hours.

Following notification, response actions required for leaking USTs include taking immediate
action to prevent any further release of the regulated substance into the environment, and
identifying and mitigating fire, explosion, and vapor hazards. The owner/operator must submit a
report summarizing initial abatement measures (usually within 20 days) including:

         Removal of the regulated substance from the LIST;

         Inspection of aboveground or exposed below ground releases and preventing
         migration of the substance into surrounding soils and ground water;

         Continued monitoring and mitigating safety hazards;

         Remedying hazards  posed by contaminated soils that have been excavated or
         exposed; measuring  for the presence of a release where contamination is most likely
         to exist.

Several follow-up procedures (initial site characterization, free product removal, and
investigations for soil and groundwater cleanup,  and corrective action plan) may be required
(see 40 CFR 280.63 - 280.66).  State requirements for response and clean up activities vary;
therefore be sure you contact the appropriate implementing agency (state or EPA region) for
your facility for additional requirements that may apply. See Section 8.0 How Do I Comply With
the Hazardous Waste Regulations? for more information.
9A   Summary
This section has highlighted some of the similarities, differences, and complexities of EPAs
planning, reporting, notification, and response requirements under the various federal statutes.
The complexity stems, in part, from the differences in statutory approach. Some statutes have
requirements that pertain to spills or releases to specific environmental compartments (e.g.,
water, air, land), whereas other statutes have requirements that focus on specific substances,
irrespective of the environmental compartment to which they are released.

It is very important to understand the differences as well as the interconnections among these
requirements in order to prepare the appropriate plans for your facility, complete the required
reporting activities for hazardous materials that you have onsite, and respond appropriately to
releases and spills.  In addition, you may reduce your liability by preventing potential releases or
responding properly in the event of a release.  Don't rely solely on the information in this section
to meet these requirements. You must review the regulations thoroughly to figure out your
responsibilities and comply with them. Contact your EPA and state regulatory agencies for
assistance and additional information.
How Do / Comply With Spill or
Chemical Release Requirements?                9-18                                March 1999

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                  SECTION  10  CONTENTS

10.  Other Major Environmental Statutes and Regulations: CERCLA, RCRA
    Subtitle D, FIFRA and TSCA  	10-1
    10.1 Comprehensive Environmental Response, Compensation, and Liability Act	10-1
    10.2 Subtitle D of the Resource Conservation and Recovery Act	10-2
    10.3 Federal Insecticide, Fungicide, and  Rodenticide Act  	10-3
        10.3.1 Use of Pesticides in the Food Processing Industry 	10-3
        10.3.2 Food Quality Protection Act	10-6
    10.4 Toxic Substances Control Act	10-7
Other Major Environmental
Statutes and Regulations: CERCLA,
RCRA Subtitle D, FIFRA & TSCA               10-i                            March 1999

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        10.   OTHER MAJOR ENVIRONMENTAL


   STATUTES AND REGULATIONS:  CERCLA,


      RCRA SUBTITLE D, FIFRA AND TSCA


In addition to the major statutes discussed previously in this guide, there are other environmental
statutes and regulations that you must comply with as a food processing facility. These include:

       Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
       requirements apply to all food processing facilities that release hazardous substances
       into the environment.

       Subtitle D of the Resource Conservation and Recovery Act (RCRA). Subtitle D
       requirements apply to all food processing facilities that dispose of solid, nonhazardous
       wastes.

       Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA requirements
       apply only to those facilities that apply and store pesticides, such as herbicides,
       insecticides, and rodenticides.

       Toxic Substances and Control Act (TSCA). TSCA requirements apply to facilities
       subject to the TSCA Chemical Inventory Update, and may apply to those facilities that
       manage substances such as asbestos, chlorofluorocarbons (CFCs), and
       polychlorinated biphenyls (PCBs).


 10.1     Comprehensive  Environmental

           Response, Compensation,  and Liability

          Act

Under CERCLA, commonly known as Superfund, EPA can respond to releases, or threatened
releases, of hazardous substances that may endanger public health, welfare, or the
environment. Under the hazardous substance release reporting regulations of CERCLA
Section 103, (40 CFR 302), your facility is required to report to the National Response Center
(NRC) any release into the environment of a hazardous substance that exceeds the reportable
quantity for that substance. More than 700 hazardous substances are subject to the emergency
notification requirements under CERCLA Section 103(a) (40 CFR 302.4) as well as those on the
list of "extremely hazardous substances" under EPCRA (40 CFR 355). See Section 7.0 for more
information about both EPCRA and CERCLA notification requirements.

In response to releases, EPA implements hazardous substance responses according to
procedures outlined in the National Oil and Hazardous Substances Pollution Contingency Plan


Other Major Environmental
Statutes and Regulations: CERCLA,
RCRA Subtitle D, FIFRA & TSCA              10-1                          March 1999

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(NCR) (40 CFR 300). The NCR includes provisions for permanent cleanups, known as remedial
actions, and other cleanups referred to as "removals."  While EPA generally takes remedial
actions only at sites on the National Priorities List (NPL), which currently includes approximately
1300 sites, both EPA and states can act at other sites. In addition, EPA can force parties
responsible for environmental contamination to clean up the contamination or reimburse the
Superfund for response or remediation costs incurred by EPA. EPA encourages community
involvement throughout the Superfund response process.

Note: EPAs RCRA/UST, Superfund and EPCRA Hotline at 1-800-424-9346 or 703-412-9810
provides information and references guidance pertaining to the Superfund program.



 10.2     Subtitle  D of the  Resource  Conservation

             and  Recovery Act

Subtitle D of RCRA and its implementing regulations basically apply to the management of solid,
nonhazardous waste and its disposal in landfills.  See Section 8.0 How Do I Comply With the
Hazardous Waste Regulations? for a definition of solid waste.  A nonhazardous waste is defined
as any garbage, refuse, or sludge from waste treatment plants, water treatment plants, or air
pollution control equipment. Some examples of nonhazardous food processing solid wastes
include discarded cardboard, food wastes, waste papers, and other food packaging materials. A
description of typical solid wastes generated by food processing operations is presented in
Section 3.0, Table 3-2 Waste Analysis for SIC Code 203 Facility of this guide.  While this list is
not all inclusive, it gives you a general idea of the kinds of solid wastes generated for each
operation.

Subtitle D applies to your food processing facility because it prohibits open dumping of solid,
nonhazardous wastes.  Programs addressing the disposal of solid, nonhazardous wastes are
developed and enforced at the state or local level. You should  contact your state regulatory
agency or a local reputable waste contractor for more information on proper disposal practices.

To reduce the volume of solid, nonhazardous wastes requiring land disposal, you are
encouraged to recycle or reuse as many waste materials as possible. Keep  in mind that all
pollution prevention activities should be carried out in accordance with food safety requirements.
Many states have recycling programs in place for a variety of waste materials, particularly glass,
plastic, paper, and cardboard. You should contact your State Pollution Prevention Office to get
information on the recycling programs available in your area. In addition to state programs, there
may be local recycling requirements. Check with your local regulatory agency for more
information. See Appendix B Resources for information on state contacts, etc.
Other Major Environmental
Statutes and Regulations: CERCLA,
RCRA Subtitle D, FIFRA & TSCA                 10-2                              March 1999

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 10.3     Federal  Insecticide, Fungicide,  and

             Rodenticide  Act

This section describes the requirements for managing pesticides under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as well as the requirements under the Food Quality
Protection Act (FQPA).

 10.3.1    Use of Pesticides in  the Food Processing

             Industry

FIFRA primarily regulates the manufacture and registration of pesticides (40 CFR Parts 152 and
156), but important requirements also exist for pesticide users.  Your food processing facility
may at some time store, apply (or have applied), and dispose of pesticides.  There are many
types of pesticides, including herbicides, insecticides, rodenticides, and antimicrobial pesticides
(e.g., disinfectants, sanitizers).  Pesticides must be applied only according to label directions
established by EPA. Using a pesticide in a manner inconsistent with its labeling constitutes
misuse and is illegal [FIFRA Section 2 (ee)].

Pesticides can be used to control a variety of pests that  are associated with food processing
facilities in the U.S., including:

         Birds (e.g., English sparrows, pigeons, and starlings)
         Weeds
         Rodents (e.g. house mouse, rat, and roof rat)
         Insects (e.g., cockroaches, moths, beetles, flies, ants).
                                                   Herbicides can be used to
                                                   eliminate or inhibit tree and weed
                                                   growth around facilities, while
                                                   insecticides and rodenticides may
                                                   be used to control pests.
These pests can be controlled using direct application of
the appropriate avicide, herbicide, rodenticide, or
insecticide; or by fumigants.  Fumigants are chemicals
that are in the gas phase at effective temperatures, and
they penetrate cracks, crevices, and the commodity
being treated. Fumigants, while toxic to insects, rats,
birds, mammals, weed seeds, nematodes and fungi,
are also highly toxic to humans and may leave toxic
residues or tastes or odors. Fumigants can be applied by several methods, are readily
available, and are economical to use. They must be applied with the proper protective
equipment and by certified applicators.

Antimicrobial pesticides comprise a broad range of products designed to control undesirable
microorganisms such as  bacteria, viruses, or algae on non-living objects (inanimate) or
surfaces, and on raw fruits and vegetables (FIFRA Section 2(mm)(1)(A)). Some antimicrobial
pesticides are used to sterilize, disinfect, or sanitize certain items, including food preparation
areas. While  primarily regulated under FIFRA, the FQPA changes the jurisdiction of some
antimicrobial  products from FIFRA to the FQPA (see Section 10.3.2). Since late 1996, the


Other Major Environmental
Statutes and Regulations: CERCLA,
RCRA Subtitle D, FIFRA & TSCA                10-3                              March 1999

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Antimicrobials Division within EPA's Office of Pesticide Programs (OPP) has been responsible
for all activities related to the regulation of antimicrobial pesticides.  For more information on
antimicrobial pesticides, access the OPP website at http://www.epa.gov/oppfead1/cb/
csb_page/qsas/antimic.htm/ or contact the Antimicrobial Division Ombudsman at 1-800-447-
6349.


Reojjirements  for Pesticide  Use

FIFRA requires that all pesticides be registered for every intended use, and that labels containing
instructions for proper storage, use, and disposal accompany each pesticide marketed.
Application and handling requirements are specific to each pesticide product. Excess pesticides
that must be disposed of may, in some cases, be considered hazardous waste, and must be
managed accordingly (see Section 8.0 How Do I Comply With the Hazardous Waste
Regulations?).  Under FIFRA, the use of pesticides in a manner inconsistent with labeling
established by EPA is illegal.  You can be held responsible if any pesticides applied on your
property are misapplied or mishandled.  The "label is the law."
                                                        When a pesticide is applied by
                                                        a contractor, the contractor
                                                        and the person contracting for
                                                        the service may be held
                                                        responsible for pesticide
                                                        misuse.
RUPs: When Your Facility Contracts for Pesticide
Application.  While some facilities may elect to hire a
contractor for all of their pesticide applications, all facilities
may have to contract out pesticide applications at one time
or another.  Under FIFRA, some pesticides, which are
referred to as restricted use pesticides (RUPs), have been
deemed by EPA to have high toxicity or to pose particular
environmental hazards. Pesticide labels will clearly state
whether a particular pesticide is restricted use only.

RUPs may only be applied by certified pesticide applicators; there are two types: "commercial"
and "private." A commercial applicator is certified to apply pesticides to other people's property.
Unless your facility chooses to certify some employees in pesticide application, applications of
RUPs will require the use of a certified commercial applicator.

You should always verify that your contractor, or in the case of RUPs, the certified commercial
applicator, uses the correct pesticide application rate and method. The pesticide label contains
detailed information on appropriate  rates and methods of application.  The actual application
should be observed to  ensure that application methods are correct.
Non-RUPs: When Your Facility Applies Pesticides.
For pesticides that are not restricted use (non-RUPs),
you may purchase, store, apply, and dispose of these
pesticides. Your selection of pesticide(s) should be
based on the type of pests or weeds to be controlled,
and the most environmentally sound applications.
Best management practices (BMPs) for pesticide
application include selecting pesticides with low
mobility or toxicity to  protect both humans and the
environment, and use of pesticides that target
individual pests or weeds.  Alternatives should be considered when selecting a pesticide such
                                                    Selecting Pesticides. Your local
                                                    agricultural extension office can
                                                    provide guidance when selecting
                                                    the most appropriate pesticide to
                                                    use.  In addition, pesticide labels
                                                    provide detailed information as to
                                                    the appropriate use of a pesticide.
Other Major Environmental
Statutes and Regulations: CERCLA,
RCRA Subtitle D, FIFRA & TSCA
                                         10-4
March 1999

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as those that require the minimum amount of active ingredient to be applied to control a problem.
See Federal Register notice 58 FR 26856.

Pesticide Storage. EPA has published guidelines for safe storage of pesticides and EPA may
place storage conditions on a pesticide's label.
Application or Use of Pesticides.  FIFRA requires       ,                «.,_,,
that every pesticide be registered and labeled with both    Inventory: You should plan and
the appropriate application methods and the                                     .     f
appropriate amounts to be used in a particular            pest,c,des needed at the time of
application. Pesticide application includes mixing and      appfieaton. Manufactures may
application of the pesticide. It is a violation of Fl FRA to
apply a pesticide in a manner inconsistent with its label.    unopened products.
                                                     ordej °^ the ™"?£ °[.
                                                     pest,c,des needed at the ti
                                                     appfieaton. Manufactures
                                                     allow y°u*° re*ur" unused or
Therefore, carefully read the label of any pesticide used
and use only the amounts specified by the label. To
minimize potential environmental impacts, the minimum application rate that is effective should
always be used. Section 2(ee) of FIFRA does allow for some variances to the  label
requirements.

Mixing should be conducted at a mixing site where structures exist to contain any spills. Check
with your state before constructing pesticide mixing or loading sites to learn about state
requirements affecting the location or placement of such a site.
Post-Application Clean Up and Pesticide Disposal.  After      _       ,    .
   A- •  ,               ,•  ..       •           r,         ,       Be sure to ask vour
pesticides are used, application equipment must be cleaned        ..       ,  ....  *., ,.
and empty containers disposed of. Consistent with the EPA      Disposal facility IT tney are
label, some pesticide containers may be disposed of in           licensee to accept we type
municipal solid waste landfills; other containers may be           orpesticiae wastes you are
disposed of in a licensed landfill or incinerator. The rinse water    I  lsP°sm9-	
from clean up, if not reused, may be considered hazardous
and should be disposed of accordingly. Disposal of unused pesticide product depends on the
type of pesticide and EPA requirements on the label, such as incineration in a pesticide
incinerator or other special treatment, or encapsulation and disposal at a properly licensed
facility. EPA  has proposed special requirements for the disposal of recalled or canceled
pesticides under FIFRA Section 19, Pesticide Management and Disposal, 58 FR 26856, May 5,
1993. EPA expects to finalize these requirements in the Fall 1998.

Pesticide Use/Applicator Training. As noted above, certain pesticides are classified by the
EPA as restricted use (RUPs) based on toxicity or environmental hazard. These pesticides may
be applied only by a licensed certified applicator. EPA sponsors a Pesticide Applicator Training
Program that is administered by the states, primarily through local agricultural extension offices.
Contact your local extension office to receive training in pesticide application to become a
licensed certified applicator.

Pesticide worker protection standards (WPSs) promulgated by EPA require that pesticide
workers receive training in the proper application of pesticides within five days of entering an
area where pesticides are being applied. EPA does not require right-of-way workers to comply
with the WPS. However, it is good practice for employees working with pesticides to receive
training to ensure that pesticides are applied properly.

Other Major Environmental
Statutes and Regulations: CERCLA,
RCRA Subtitle  D, FIFRA & TSCA                  10-5                                March 1999

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Recordkeeping. Best management practices (BMPs) for pesticides include keeping accurate
records of inventory, use, and storage for the following purposes: tracking when the next
application should occur in accordance with label directions; managing inventory; responding in
the event of an accidental spill or fire; and alerting emergency responders of stored pesticides.
 10.3.2     Food Quality Protection Act
The Food Quality Protection Act (FQPA) of 1996 was a comprehensive overhaul of the laws that
regulate pesticides in food: FIFRA and the Federal Food, Drug and Cosmetics Act (FFDCA).
The new law amends both major pesticide laws to establish a more consistent, protective
regulatory scheme.

EPA's Role. EPA plays a role under both of these statutes in regulating pesticides:

         Under FIFRA, EPA registers pesticides for use in the United States and prescribes
         labeling and other regulatory requirements to prevent unreasonable adverse effects on
         human health or the environment.

         Under the FFDCA, EPA establishes tolerances (maximum legally permissible levels)
         for pesticide residues in food.  Tolerances are enforced by the U.S. Department of
         Health and Human Services (USDHHS)/FDA for most foods, and by the USDA/FSIS
         for meat, poultry, and some egg products.

Changes from FQPA. The FQPA made many revisions to the way pesticides are regulated:

    Under the FFDCA the new law establishes a health-based safety standard for pesticide
    residues in food; requires an explicit determination that tolerances are safe for children; sets
    limitations on benefits considerations; requires tolerance reevaluation; incorporates
    provisions for endocrine testing; includes enhanced enforcement of pesticide residue
    standards by allowing the FDA to impose civil penalties for tolerance violations; requires
    distribution of a brochure in grocery stores on the health effects of pesticides, how to avoid
    risks, and which foods have tolerances for pesticide residues based on benefits
    considerations; and does not allow states to set tolerance levels that differ from national
    levels unless the state petitions EPA for an exception,  based on state-specific situations.
    Under FIFRA the new law requires tolerances to be           ,,  *  -n, ,-^n/,
              .       . ,..       ....               •          Note: The FQPA
    reassessed as part of the ^registration program; requires       changed the jurjsdjctjon
    EPA to periodically review pesticide registrations to ensure
    that all pesticides meet updated safety standards; expedites         .  .   ,    pipp/\
    review of safer pesticides to help them reach the market        the FQPA
    sooner and replace older and potentially more risky
                                                             of some antimicrobial
    chemicals; establishes minor use programs within EPA and
    USDA to foster coordination on minor use regulations and
    policy; and establishes new requirements to expedite the review and registration of
    antimicrobial pesticides. While some of these changes under the FQPA do not affect you
    directly as a regulated entity, it is to your benefit to be aware of these changes in the
    regulations affecting pesticides residues.
Other Major Environmental
Statutes and Regulations: CERCLA,
RCRA Subtitle D, FIFRA & TSCA                 10-6                               March 1999

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Environmental Stewardship.  You should also be aware that there are opportunities for
environmental stewardship. EPA's Pesticide Environmental Stewardship Program (PESP) is a
voluntary program dedicated to protecting human health and the environment by reducing both
the use of pesticides and the risks associated with pesticide use.  Current partners include
agricultural producers as well as non-agricultural interests.  Partners in PESP volunteer to
develop and implement a well-designed pesticide management plan that will result in the safest
and most effective way to use pesticides. In turn, EPA provides a liaison to assist the partner in
developing comprehensive, achievable goals.  Liaisons act  as customer service representatives
for EPA, providing the partner with access to information and personnel. EPA also will attempt
to integrate the partners' stewardship plans into its agricultural policies and programs.  For more
information, call the PESP Hotline at 1-800-972-7717 or access the PESP webpage at
http://es.epa.gov.pa rtners/pest/pest.html/.


 10.4     Toxic Substances Control  Act

Under TSCA, EPA collects data on chemicals in order to evaluate, assess, mitigate, and control
risks which may be posed by their manufacture, processing, and use.  TSCA provides a variety
of control methods to prevent chemicals from posing unreasonable risk, and the standards may
apply at any point during a chemical's life cycle. Some food processing may be subject to the
TSCA Chemical Inventory Update (see below) based on the type and quantity of substances
they manufacture.  Facilities may also be subject to requirements for asbestos, CFCs, and
PCBs.

Regulated Substances under TSCA. You should be aware that drugs,  cosmetics, foods, food
additives, pesticides, and nuclear materials are exempt from TSCA and are subject to control
under other federal statutes (e.g., foods and food additives are under the purview of the Federal
Food, Drug and Cosmetics Act (FFDCA) administered by the FDA. In order for a food or food
additive to be exempt, however, it must meet the definition contained in the FFDCA (21 USC 321
et seq.), or related statutes such as the Poultry Products Inspection Act and the Federal Meat
Inspection Act.  If the food or food additive does not meet the definition, the substance may then
be regulated under TSCA and is subject to all the requirements of TSCA including testing,
premanufacture notice, reporting and recordkeeping, export notification, and import certification.
For example, vegetable oils and their derivatives from vegetable processing that are used as an
ingredient in lubricants, paints, inks, fuels, plastics, solvents and a variety  of other industrial
products are subject to all of TSCA's requirements.

TSCA Chemical Inventory Update Reporting. Under TSCA Section (8)(a), manufacturers
and importers of certain chemical substances are required  to report the specific chemical
identity and quantity, and site of manufacture or importation  of these substances every four
years. This is known as the TSCA Chemical Inventory Update] and the next four-year reporting
period begins in August 1998 and ends in December 1998.

If you are manufacturing substances, such as vegetable oil  and animal fats, that are used for
non-food purposes (e.g., in inks), you must comply with requirements of the Inventory Update.
Certain exemptions are available to small manufacturers under 40 CFR 710.28. EPA uses this
information to update its TSCA Chemical Substances Inventory database. EPA relies on the
accuracy of this data to monitor and estimate health and safety risks to people and the
Other Major Environmental
Statutes and Regulations: CERCLA,
RCRA Subtitle D, FIFRA & TSCA                10-7                               March 1999

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environment as well as to formulate control and preventive responses. Note: Other EPA
programs may develop site-specific information on public and environmental risks as needed.
EPA also incorporates reported information into its regulatory decision-making process to
assure responsive and effective regulation of the chemical industry.

To determine your reporting obligations, you must make two determinations for each substance
that you manufacture in the United States or import into the United States:

    (1)  Is the substance reportable under the Inventory Update Rule? If you do not already
         know whether a substance you manufacture or import is on the Inventory, you should
         consult a copy of the latest version of the inventory. To obtain a copy (at a cost), call
         the Superintendent of Document, Government Printing Office at (202) 783-3238, or
         call the TSCA Assistance Information Service at 202-554-1404.

    (2)  Are you a manufacturer, importer, or exporter who is required to report that
         substance? Generally, if you manufacture or import 10,000 Ibs or more of a
         reportable substance at any single site during the fiscal year preceding the reporting
         period, you are required to report. Small manufacturers are usually exempt from the
         reporting under the Inventory Update Rule; however, there are some conditions under
         which they must report.

There are requirements for when  and how to report the information for the Inventory Update
Rule.  There are also recordkeeping requirements. You must maintain records that document
the information contained in your submissions. Required records include those that show the
production volume, plant site, and site-limited status of each  substance reported.  These
records must be kept for four years after the effective date of the applicable reporting period.

If you are manufacturing or importing a chemical substance that is not already on the inventory
(and has not been excluded by TSCA), you must submit a premanufacture notice (PMN) prior to
manufacture or importation (40 CFR 720). The PMN must identify the chemical and provide
available information on health and environmental effects. If available data are not sufficient to
evaluate the chemical's effects, EPA can impose restrictions pending the development of
information on its health and  environmental effects. EPA also can restrict significant new uses
of chemicals based upon factors  such as the projected volume and use of the chemical.

Reporting and Recordkeeping Requirements. Section 8 of TSCA authorizes EPA to require
chemical manufacturers, importers, and processors to keep  records and report certain
information. TSCA Section 12 requires the submission to EPA of certain information about
chemical exports, while Section 13 requires the submission of certification statements
concerning import shipments of chemical substances.  These additional requirements under
TSCA are  summarized below:

         Alleged Significant Adverse Reactions. Under TSCA Section 8(c), if you
         manufacture, import, process, or distribute chemical substances or mixtures in
         commerce, you are required to keep files of allegations of significant adverse
         reactions and provide this information to EPA upon request.
Other Major Environmental
Statutes and Regulations: CERCLA,
RCRA Subtitle D, FIFRA & TSCA                 10-8                               March 1999

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         Health and Safety Studies Submission. Under TSCA Section 8(d),  if you
         manufacture, import, process, or propose to manufacture, import, process listed
         chemicals, you are required to submit lists or copies of unpublished studies to EPA.

         Substantial Risk Reporting. Under TSCA Section 8(e), if you manufacture, import,
         process, or distribute a chemical substance or mixture and obtain "new" information
         which reasonably supports the conclusion that such substance or mixture presents a
         substantial risk of injury to health or the environment, you are required to report such
         information to EPA within 15 days.

         Exports. Under TSCA Section  12, if you export chemicals subject to final and certain
         proposed rules and orders under TSCA Sections 4, 5, 6 and 7, you are required to
         notify EPA of the country of destination the first time a chemical is shipped to that
         country during a calendar year.

         Imports. Under TSCA Section  13, if you import chemical substances, you are
         required to certify that each shipment is in compliance with TSCA or is not subject to
         TSCA.

Asbestos, CFCs,  and PCBs. There may be other substances, including asbestos, CFCs, and
PCBs, at your food processing facility which are regulated  under Section 6 of TSCA.  Because
these substances pose unreasonable risks, EPA can ban the manufacture or distribution in
commerce, limit the use, require labeling,  or place other restrictions on these substances (40
CFR 750). If you have these substances onsite, you should check with your EPA and/or state
regulatory agencies for information on federal and/or state requirements for these substances.
For additional assistance, contact the TSCA Assistance Information Service at 202-554-1404.
Other Major Environmental
Statutes and Regulations: CERCLA,
RCRA Subtitle D, FIFRA & TSCA                10-9                               March 1999

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                   SECTION  1  1   CONTENTS

11.  Pollution Prevention Techniques  	11-1
    11.1 Introduction  	11-1
    11.2 What Pollution Prevention Techniques Can I Use?  	11-2
    11.3 Pollution Prevention Techniques for the Food Processing Industry	11-4
        11.3.1 Techniques for Process/Equipment Modification	11-4
        11.3.2 Techniques for Operational and Housekeeping Changes  	11-7
        11.3.3 Techniques for Recycling/Reuse 	11-11
        11.3.4 Techniques for Material Substitution and Elimination	11-14
    11.4 Voluntary Programs	11-15
        11.4.1 EPA Programs	11-16
        11.4.2 Trade Association/Industry Programs	11-19
Table 11-1.   Overview of Pollution Prevention Techniques	11-3
Table 11-2.   Comparison of the Average Liquid Effluent for Caustic
            and Dry Peeling Operations (Del Monte Demonstration Project)	11-5
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    11.   POLLUTION  PREVENTION  TECHNIQUES


 I  1.1     Introduction

Pollution prevention (P2) is a simple idea: it means you eliminate pollution before it is created
at  your food processing facility rather than controlling the pollution from your processes and
then treating and disposing of the wastes that you generate. P2 techniques that food processing
facilities can use range from placing catch pans near equipment hydraulic lifts to making
fundamental changes in the way food is cleaned and prepared. This section discusses the
benefits and incentives, costs of compliance, and techniques that may work at your facility.
Keep in mind that all P2 activities should be carried out in accordance with food safety
requirements of the U.S. Department of Agriculture (USDA) and the Food and Drug
Administration (FDA).

The U.S. Environmental Protection Agency (EPA) defines P2 as the use of materials,
processes, or practices that reduce or eliminate the generation of pollutants or waste at the
source. The direct benefits of P2 are:

   •  Decreased waste management costs
   •  Decreased input materials costs and energy consumption
   •  Decreased environmental compliance costs
   •  Decreased liability
   •  Increased compliance
   •  Increased worker safety
      Improved corporate image.

What will these benefits mean to your food processing facility?

   •  Reduction in the cost of operating your food processing facility

      The creation of waste that impacts the water, land, or air, and the use of certain
      chemicals, translates into additional dollars you must spend. When you generate waste,
      your operating costs increase since you must pay for items, such as hazardous waste
      disposal, the installation and operation of pollution control equipment, and permit fees.
      By reducing wastestreams, you can cut the cost of operating your facility. And these
      cost savings should translate to lower operating costs and increased profits.

   •  A more efficient and productive business

      In order to maintain compliance with environmental regulations, you and your staff must
      conduct a great number of environmental management activities.  These activities cost
      your facility time and money.  More often than not, these costs are hidden in your facility's
      overhead.  The more waste you generate, the more your facility is regulated. So, if you
      spend less time on compliance activities because you have less waste to manage, your
      facility will have more time to process foods.
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•   Reduced Risk of Liability

   You will decrease your risk of liability by reducing the volume and the potential toxicity of
   the vapor, liquid, and solid discharges you generate. As a food processing facility, you
   should look at all types of waste, not just those that are currently defined as hazardous
   (see Section 8.0 How Do I Comply With the Hazardous Waste Regulations? for a
   definition of hazardous waste).  Since toxicity definitions and regulations change,
   reducing volumes of wastes in all categories is a sound long-term management policy.

•   Prevent pollution

   If there are fewer hazardous materials at your food
   processing facility, your compliance obligations will be      Successful
                                                        implementation of pollution
                                                        prevention techniques can
                                                        reduce worker exposure
                                                        and liability.
      fewer. If your workers are exposed less frequently to
      hazardous materials, their health and safety will not be
      as much at risk. In addition, you will not have to be
      concerned about their well being - or your liability.
      Furthermore, the environment will be cleaner and you
      will be prepared for a regulatory agency's inspection.

 I  1.2     What  Pollution Prevention  Techniques

             Can  I  Use?

This section presents an overview of P2 techniques that can be incorporated into your major
process activities (e.g., storage, receiving and preparation,  processing and filling, packaging,
and storage and distribution), as well as your ancillary operations (e.g., refrigeration, cleaning,
maintenance, and laboratory activities). The techniques shown in Table 11-1 Overview of
Pollution Prevention Techniques provide a  general overview of several of the options available to
you.
                                                  Some P2 techniques will assist you
                                                  in reducing your fresh water use and
                                                  wastewater generation.  This will
                                                  result in cost savings to your facility
                                                  and decreased demands on the
                                                  POTWto process your wastewater.
Section 11.3 Pollution Prevention Techniques for the
Food Processing Industry presents detailed descriptions
of each P2 technique. It is important to remember that
not every P2 technique will work at every food processing
facility. You should compare and evaluate these P2
techniques to identify those that may help you meet your
P2 goals. You will then need to try a select few to
determine what works in your facility, but does not
compromise the quality and safety of your product. Consultation with the agencies regulating
food safety is critical during the planning and evaluation of any pollution prevention technique(s)
that you may adopt.

As shown in Table 11-1, there are many different kinds of P2 techniques. These techniques can
be divided into categories, including process or equipment modification (primarily involving
utilizing water conservation methods); operational and housekeeping changes; recycling/reuse;
and material substitution and elimination.  For the purposes of this document, each technique is
placed under one of these categories.  However, you may categorize a particular technique


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        Table
Overview of Pollution Prevention Techniojjes
Type of P2
Technique
Process/
equipment
modification
Operational and
housekeeping
changes
Recycling/reuse
Technique
Replacing traditional faucets
Dry caustic peeling of fruits and
vegetables
Water shutoff during breaks
Water control units
Installing flow meters
Exterior area water use reduction
Placing catch pans under potential
overflows/leaks
Covering outside storage areas
Inspections and preventive maintenance
of potential discharge areas
Secondary containment
Monitor liquid fill machines
Covering outside drains during loading
and unloading
Covering inside floor drains (in non-
production areas only)
Cleaning prevention
Precleaning and dry cleanup
Skim grease traps regularly
Screening
Minimizing pests
Countercurrent washes
Process water reuse
Water recirculaton units
Water used to chill products
Residuals management
Recycling refrigerants
Reducing/recycling/reusing packaging
Process or Ancillary
Activity
Receiving and preparation
Receiving and preparation
Processing and filling
Processing and filling
Processing and filling
Storage and distribution
Storage
Storage
Storage
Storage
Processing and filling
Storage and distribution
Maintenance
Cleaning
Cleaning
Cleaning
Cleaning
Cleaning
Processing and filling
Processing and filling
Processing and filling
Processing and filling
Processing and filling,
storage and distribution
Refrigeration
Processing and filling
Ease of
Implementation
Easy - Moderate
Difficult
Easy
Moderate
Easy
Easy
Easy
Easy
Easy
Easy - Moderate
Easy - Moderate
Easy
Easy
Easy - Difficult
Moderate
Easy
Moderate
Easy - Moderate
Moderate
Easy - Moderate
Moderate
Moderate
Easy - Moderate
Moderate
Easy - Moderate
Pollution Prevention
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        Table
Overview of Pollution Prevention Techniojjes
Type of P2
Technique
Material
substitution
and elimination
Technique
Laboratory inventory reduction
General inventory control
Using alternative refrigerants
Process or Ancillary
Activity
Laboratory
Purchasing
Refrigeration
Ease of
Implementation
Easy
Easy
Moderate
differently for your operation. The table also indicates the ease of implementation of each
technique. While some P2 techniques are easy; others are more challenging. However, they all
involve changes in how you do business. When you understand how much it costs to comply
with all the regulations that apply to your facility, you will see that changing your operations
makes good business sense.


 I  1.3     Pollution Prevention  Techniques  for the

            Food Processing Industry

This section describes P2 opportunities that could be implemented at your facility. Information
on whether the technique is easy or more difficult to use is included next to each listing, followed
by a description of the technique. The ease of implementation can be determined by many
factors, such as cost, adding new equipment, substituting materials, and if necessary, making
associated process changes.  Food processors should evaluate these P2 techniques
before use to assure they do not compromise the safety of their product.


 I  1.3.1    Techniques for Process/Equipment

              Modification
Replacing Traditional Faucets
                                  Easy- Moderate
   As a food processing facility, you have probably found that traditional faucets can be one of
   the highest water users in your facility. Traditional faucets are often large water users
   because they have a high flow rate, and they can be left on while unattended, sometimes for
   hours at a time. By replacing the faucets with modified flow faucets, flow rates can be
   reduced by over 80%.  By retrofitting faucets with on-demand foot or knee control devices or
   automatic shutoff nozzles, flow can be reduced even further. An example of such savings is
   presented below.
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      At a Kentucky Poultry plant\ 44 faucets were replaced and upgraded leading to an
      annual savings of $37,174.  The plant's cost of installing 44 restricted flow faucets was
      $1,100 at $25 per faucet.  The new faucets had flow rates of 0.5 gpm compared to 1.5-
      3.5 gpm for the old faucets.  The change reduced the process line's flow rate by 83.5
      gpm (from 87.5 gpm to 4 gpm).  Total savings were calculated as follows:

      83.5 gpm x 60 min/hrx 16 hr/day (work day) x 265 days/yr (operating days) =
      21,424,400 gal/yrx $1.75/1,000 gal = $37,174/yr savings

      $37,174/yr / 265 days/yr = $101.85/day
      $1,100(totalcost) 101.85/day= 11  day payback period.

    Note: An additional step for water conservation can be the use of automatic shutoff valves
    which can stop sprays when conveyor belts stop.


Dry Caustic  Peeling of Fruits and Vegetables               Difficult

    As a food processing facility, you may have problems with high levels of product residue in
    the water generated during the steam peeling process. In conventional steam peeling
    operations, potato peels may contribute up to 80 percent of the total plant wastewater
    biochemical oxygen demand (BOD). However, peeling processes can be modified so that
    the peel waste can be removed  without using excessive amounts of water. One option is
    the "dry" caustic peeling process.

    In a dry caustic system, peels are softened by caustic, and then a machine uses very thin
    soft rubber discs to remove the peels.  These rubber disks are  placed on rotating cylindrical
    rolls arranged in a circular revolving cage containing  a feed screen through the center.  The
    feed rate is controlled by the central screw conveyor. A final rinse to remove the last traces
    of peel and caustic is the only fresh water  used.

    Table 11-2 Comparison of the Average Liquid Effluent for Caustic and Dry Peeling
    Operations presents a comparison of effluent from conventional caustic and dry caustic
    peeling operations, based on a demonstration of peach peeling at a canning facility.
       1 U.S. Environmental Protection Agency. Climate Wise - Economic and Environmental Impact Case
Studies: Food Processing. "Case Study: Waste Reduction Opportunity Assessment. Seaboard Kentucky Poultry
Processing Facility. Hickory, Kentucky. February 1994."


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    Table  I 1-2.   Comparison of the Average  LiojJid Effluent for Caustic
      and  Dry Peeling Operations (Del  Monte Demonstration Project)1
Wastewater Characteristics
Water Usage
COD
BOD
Suspended Solids
Total Solids
pH range
Conventional Caustic Peeling
850 gallons/ton2
10.8(1 500 ppm)
6.7 (940 ppm)
5.6 (790 ppm)
17.8 (2500 ppm)
6-9
Dry Caustic Peeling
90 gallons/ton
4.2 (5600 ppm)
2.8 (3700 ppm)
1 .9 (2500 ppm)
4.0 (5300 ppm)
4-6
  1 Carawan, Roy et al., "Spinoff On Fruit and Vegetable Water and Wastewater Management," presented
   in Industrial Water Conservation References of Food Processing, California Department of Water
   Resources, 1989.

  2 Assumes countercurrent rinse. Without countercurrent rinse, this number could be as high as 2,000
   gallons per ton for peaches.
Water  Shutoff During  Breaks
                                    Easy
   If your food processing facility does not have on demand faucets and hoses, water shut off
   during breaks can save thousands of dollars each year, without any capital investment. For
   example, shutting off water during breaks at the Kentucky poultry plant discussed earlier
   saved $23,964 per year.  Based on its previous water use of 344.5 gpm during breaks, its
   savings were calculated as:

          344.5 gpm x 60 min/hrx2.5 hr/day (break time) x 265 day/yr= 13, 693,875
          gal/yr
          13, 693,875 gal/yr x $1.75/1,000 gal = $23,964/yr.
Water  Control Units
                              Moderate
   Your food processing facility may provide a continuous flow of fresh
   water for the raw product prior to and during preparation, or you may
   require continuous replenishment of a wash bath for each new batch
   of product. A water control unit can be added to the automatic
   process to reduce fresh water use. Wall-mounted control units, which
   control the flow and temperature of the water to the wash bath, can be
   installed. A water control unit costs approximately $1,200. The
   benefits of this technique are in the cost savings which can be realized
   from decreased fresh water use and reduced wastewater discharge.
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Installing flow meters                                                Easy

   When combined with education and training, flow meters can help all employees become
   involved in your facility's water reduction program. Food processing facilities have found that
   flow meters allow them to measure and monitor water use on a constant basis. This
   technique is especially useful in cooking operations, where any excess water that enters the
   process is excess water that is heated. Thus by preventing excess water from entering the
   process, you can save energy costs of heating excess water.  Flow meters allow all
   employees to monitor water use and help reduce water usage on a facility-wide basis.

Exterior Area Water Use  Reduction                              Easy

   In addition to the pollution prevention techniques  directly related to your production process,
   you have additional opportunities to reduce water usage. By educating all employees about
   the costs of water use and the benefits of reduction, your facilities can maximize cost
   savings. Some options for reducing non process-related water use include:

   •   Wash vehicles used outside the facility less often (Vehicles used inside the facility must
      be washed after use for safety.) 40 CFR

      Recycle wastewater from vehicle washing. (Your facility may want to evaluate
      technologies to recycle this wastewater.)

   • • Design and maintain landscapes requiring less water
   • • Reduce irrigation water use by:
      -  Installing timers on sprinkler systems
      -  Watering in the early morning or evening when evaporation is lowest
      -  Making sure irrigation equipment applies water uniformly
         Installing drip irrigation systems
         Using rain sensors.


 I  1.3.2   Techniques for  Operational  and Housekeeping

            Changes

The following section describes P2 techniques that pertain to minimizing or eliminating wastes
during waste segregation, separation, and preparation processes.

Placing Catch Pans Under Potential  Overflows/Leaks        Easy

   Placing catch pans or other mini-containment devices near hydraulic lifts, liquid drum
   storage or dry product storage areas at your food processing facility is an excellent
   technique to:
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      (1) Prevent waste from entering drains
      (2) Reduce the use of cleanup materials
      (3) Reduce wet washing.

   While product that hits the ground is generally disposed of as waste or washed down drains,
   spilled product caught by catch pans can be recycled as animal feed.  Catch pans located in
   a food production  area must be cleared regularly and should be removed from the production
   area for cleaning.

Cover Outside Storage Areas                                      Easy

          Covering outside storage areas such as waste containers, product storage bins, or
          cleaning chemical containers is a relatively easy pollution prevention technique that
          you can implement at your facility. This technique can reduce contaminants in
          storm water discharges, and help you comply with the Best Management Practice
          requirements in your facility's storm water permit.

   Simple methods of coverage include:
          Moving chemicals inside the plant
      •   Covering containers with a waterproof tarp when not in use
      •   Replacing old dumpster covers with new watertight covers
      •   Replacing or repairing leaking dumpsters.

   A pollution prevention technique of moderate expense is to construct an aluminum panel roof
   under which waste containers, product storage bins, or chemical containers can be stored.

Inspections  and Preventive Maintenance

of Potential  Discharge Areas                                       Easy

   You may find that routine inspections uncover potential problems before they lead to water
   discharges. Preventive maintenance of outdoor processes can prevent discharges, thus
   reducing the need for cleanup water and subsequently reducing discharges to storm
   sewers.


Secondary Containment                             Easy -  Moderate

   Both outdoor and  indoor storage facilities should be equipped with secondary containment,
   which is any device or structure that prevents a spill or leak from reaching the environment.
   One of the most effective secondary containment methods that can be used in an outdoor
   storage area is a concrete or asphalt pad surrounded by a berm or curb. The pad and berm
   prevent any spilled or leaked material from coming in contact with the soil.  If a berm is not
   available, sandbags, or absorbent socks around the perimeter of the area will provide some
   containment for a  short period of time after a spill. Within buildings, depending on
   construction of the building, the walls and floor provide  secondary containment for preventing
   spills or releases.  One of the least expensive secondary containment devices consists of a
   metal tray covered by a  metal grate, which can be used for 55-gallon drums and smaller
   containers.  The container sits on top of the metal grate so that any material or waste that is

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   released from the container simply falls through the grate and is collected by the metal tray
   underneath. The tray must be large enough to hold the entire volume of the container and
   should be protected from rainfall.

Monitor Liojjid Fill Machines                        Easy - Moderate

   Ensure liquid fill machines operate correctly and do not overfill cans, jars, etc. Overfill will
   end up on the floor and be washed down the drain, thereby increasing BOD levels in
   wastewater.  Ways to eliminate overfills include changing the speed at which the machine is
   operated, adding sensors, and ensuring that the containers flow smoothly through the
   machine (eliminating jarring movements which could cause spillage).

Cover  Outside  Drains During  Loading  and Unloading       Easy

   Covering outside drains during loading processes at your food processing facility can
   prevent spills from  reaching storm or process water drains with minimal costs. Preventing
   spills from entering the wastewater system has several benefits including:

         Preventing potential unauthorized discharges to storm drains
         Preventing high pollutant concentration discharges to  treatment plants
      •  Allowing for a dry precleaning prior to washing a spill area.

Covering Inside Floor Drains

(In Non-production Areas Only)                                   Easy

   As with outside drains, covering floor drains can prevent spills from adding pollutants to
   wastewater.  This should be done only in areas where food is not handled.  Covering
   drains prevents spills and leaks from  flowing directly to the wastewater system.  This
   method provides additional benefits for your facility such as:

         Encouraging dry cleanup by making it more difficult to wash spills down the drains
      •  Reducing/eliminating non-emergency use and replacement costs of spill equipment
         (e.g., booms, drying materials) used to prevent spills from reaching floor drains.

Cleaning Prevention                                     Easy -  Difficult

   The best way to reduce water use for cleaning spills is to avoid the need for cleaning.
   Preventing spills from reaching the floor reduces or eliminates water in cleanup.
   Conducting regular inspections of storage areas and potential spill sites (machines, ovens,
   conveyors) can prevent spills from occurring, and thus from reaching the wastewater
   system.  Dedicating mixing lines to specific products can reduce changeover cleanups.
   However, implementation of these lines may be difficult and expensive.
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Precleaning and  Dry Cleanup                                 Moderate

   For equipment or machinery cleaning, cleaning techniques that reduce water use can save
   money on water and sewer charges.  Techniques such as using squeegees or other dry
   cleaning equipment prior to wash down, followed by initial rinses with recycled water, have
   the benefit of allowing you to reduce the time and volume of water in final cleaning. The most
   important phase of precleaning, however, is dry cleanup.

   Dry cleaning is a relatively simple process that involves removing
   a spill or spent product before washing a surface or container.
   Many food processing facilities have found dry cleanup to be an
   easy low cost alternative to hosing  spills or unusable product
   down the drain. They have found that dry cleanup can  significantly
   reduce BOD loading in wastewater discharges, reduce onsite
   treatment, and reduce the frequency of screen cleaning. When
   done thoroughly, dry cleanup can prevent all but waste residuals
   from reaching your facility's wastewater system.

   To most effectively conduct dry cleanup, it is important to consider the following:

       •   All dry wastes should be protected and kept dry to prevent water from contacting the
          waste, or from entering the  drains directly.

       •   Employees should remove food waste and debris from the production areas and
          associated equipment with dry methods before using water.

       •   Solids should be collected from the floor and machines by sweeping and vacuuming
          into a sanitary container which is kept out of the production area when not is use.

       •   A stiff broom which is kept sanitized and is cleaned regularly should be used to
          sweep materials  off the floor; scraping and then brushing may be the only effective
          way to recover some materials from  under equipment.

       •   To allow reuse, clean and store dry cleanup tools and utensils separate from regular
          wet cleanup gear and in a manner that will not jeopardize the safety of your product.
       •   Water hoses should be used only as a final alternative to a cleaning task. Any
          materials on the floor should be removed  prior to hose down or wash down.

   Dry cleaning can also be used as part of regular washdowns. When emptying cooking
   ovens or tanks, wastewater pollutants can be reduced  by:

       •   Emptying waste products into barrels instead of pumping down the drain

          Emptying machines by hand rather than hoses.
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Skim Grease Traps  Regularly                                        Easy

   Skimming grease traps regularly reduces the amount of contaminants entering wastewater.
   Many facilities hire outside contractors to remove contaminants from grease traps on a
   periodic basis.  For most effective use, however, more frequent skimming as part of regular
   housekeeping not only ensures that discharged wastewater has reduced contaminants, but
   also improves your ability to recycle and reuse process waters before discharge.

Screening                                                           Moderate

   Placing screens in all drains is an easy pollution prevention technique to collect and prevent
   solids from entering the wastewater stream. Screening can reduce BOD and solids levels in
   wastewater, reducing loads on your treatment plant. However, screening should be done
   only with food safety in mind. Screens need to be cleaned regularly to prevent residue
   buildup and must be removed from the production area to be cleaned. Cleaning must be
   done in a sanitary fashion.

Minimizing Pests                                        Easy -  Moderate

   When you generate waste, your operating costs increase since you must pay for items,
   such as hazardous waste disposal which includes waste pesticide, herbicide, and
   insecticide disposal.  By reducing these wastestreams, you can cut the cost of operating
   your facility. In order to maintain compliance with waste pesticide disposal regulations, you
   and your staff must conduct a great number of environmental management activities.
   Instead, your facility can reduce the amount of pesticides, herbicides, and insecticides used
   at your facility "by design."

   Pest prevention by design is the engineering science which will help reduce the need for
   chemical control of rodents, insects, birds and other vermin. This involves landscape
   design, building design or remodeling and equipment layout and design. For example, short
   grass, neatly trimmed shrubs, paved access ways and proper drainage reduce or eliminate
   shelter areas for pests. Rodents are further discouraged by surrounding the building
   foundation with an 18 to 24 inch strip of 1/8 inch pebbled rock in a trench approximately 4
   inches deep. This makes an excellent area for traps and bait stations.

   Other pest control P2 techniques include:

         Eliminating improperly stored equipment, litter, waste, refuse, and uncut weeds or
         grass within the immediate vicinity of plant buildings or structures to reduce pest
         harborages.
         Properly sloping, and adequately draining the grounds to avoid contamination of food
         products through seepage or foot-borne filth. Poor drainage provides a breeding
         place for insects and microorganisms.
      •  Positioning outside lighting and focusing it away from buildings to attract night flying
         insects  away from doors and windows.
      •  Reducing potential bird harborages  by screening off harborage areas.
      •  Eliminating food that may accumulate near malfunctioning exhaust systems.
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      •   Considering various types of rodent, insect, and bird traps.  Trapped protected birds
         must be released.
      •   Maintaining adequate housekeeping programs.


I  1.3.3   Techniques  for  Recycling/Reuse
                                                                  \    <2*
                                                                  \   &JJ
While reducing the input materials to your food processing operations is the
most effective means of pollution prevention, recycling/reusing materials in
your operations can be an equally effective way of reducing your solid
wastestream. Try using returnable materials containers (except for food
contact materials) and returnable plastic or wood pallets. Check with your
suppliers for other suggestions on how you can recycle/reuse materials
that end up in your trash bin. Examples of pollution prevention that involve
reduction in waste cleanup that also could be considered methods of recycling are summarized
below.


Countercurrent Washes                                        Moderate

   Commonly used in food processing, countercurrent washing can replace parallel tank
   systems.  Countercurrent systems are multistage (tank) systems in which water gets
   reused in preceding steps.  In a three-stage countercurrent wash system, water from the
   third (final) stage is reused as make-up water for the second stage.  Clean water is then
   used to replenish the final stage.  Water from the second stage is reused as make-up water
   for the first stage. Water from the first stage, which is the dirtiest, is commonly discarded.
   The countercurrent washing system requires more space and equipment. The benefits of
   this technique are that it reduces the volume of fresh water used and reduces the volume of
   wastewater generated.  Compared to a non-countercurrent rinse system, this method can
   reduce water usage by over 50%.


Process Water Reuse                                    Easy-moderate

   Your food processing facility can reuse process water in several applications without
   compromising food safety.  Be sure you comply with all FDA and USDA regulations
   regarding water reuse. Generally process water that has not been filtered or treated can be
   used as a first rinse in wash cycles, or for primary cleaning of floors and gutters.

   Examples of potential sources of water to be reused include final rinses from tank cleaning;
   refrigeration defrost; cooler effluent, and sterilizer effluent. Potential opportunities for water
   reuse include as boiler makeup and caustic dilution.


Water  Recirculation  Units                                    Moderate

   Water recirculation units can be installed to reuse food processing wash water. The  benefits
   of this technology are that it reduces fresh water use,  wastewater discharge, and energy
   consumption.  "Off-the-shelf" units (1) reduce fresh water use  because wash bath water is
   reclaimed and reused and (2) reduce energy use associated with heating the washwater
   baths. Reclaimed water is already warm so less  energy is required to  heat it to the required

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   temperature.  Filters from the water recirculation units require disposal and are generally
   considered nonhazardous solid wastes. Food companies which contemplate installing
   water recirculation units should consult and comply with all appropriate FDA/USD A
   regulations concerning such a practice.
   The costs associated with installing water recirculation units vary between food processing
   facilities.  Capital expenditures are required for:

          • • The water recirculation unit (a minimum of $500);
          • • Replumbing of the washwater bath system; and
          • • Ongoing operation and maintenance.


Water Used to Chill  Products                                Moderate

   When recycling and recirculating water used to chill products, it is important that the
   water meets FDA and/or USDA standards. The FDA specifies that any water that
   contacts foods or food-contact surfaces shall be safe and of adequate sanitary quality. This
   standard applies to non-meat and non-poultry processing operations and allows for water to
   be recycled. (Water is recycled through a product cooler, which contains either a
   refrigerated chiller or a cooling tower to continuously cool the water between cycles.) For
   these operations, cooling water can be used for initial product washing; however, final
   washing must be conducted with potable water.

   USDA is responsible for meat and poultry processing operations, and has identified three
   acceptable processes for prechiller water recycling:

       ••  Ozonation in a countercurrent flow contact column
       ••  Screening, ozonation, sand filtration, and ozonation
       ••  Screening, diatomaceous earth (DE) filtration and ozonation.

   You will find that any of these processes can significantly improve water quality, reducing
   solids from  between 28% (ozonation alone) and 65% (screen and filtration processes), and
   COD between 38% and 87%. In addition, these processes have reduced microbial loads by
   more than 99.9%.

   An example of the significant savings you can achieve by recirculating chiller water is
   provided by the North Carolina Agricultural Extension Service.

                   If a food processing facility uses 120,000 gallons of water daily to chill its
                   products, it could  save 96,000 gallons daily by reconditioning 80% of its
                   waste chiller water.  At $1.90 per thousand gallons for water and sewer
                   charges, this plant could save more than 24,000,000 gallons of water
                   valued at more than $45,000 per year.  In addition, COD and TSS loads in
                   the effluents could also be reduced by approximately 200,000 Ib/yr
                   (assuming an initial average of 1,000 mg/L of COD and TSS, respectively,
                   in the untreated chiller water).

                   If the surcharge on excess COD is $0.20/1 b,  the surcharge savings could
                   be almost $40,000 per year.  Thus the potential savings for water, sewer,
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   and surcharges could total as much as $85,000 per year. Other savings might be realized
   though by-product recovery and reductions in energy costs2

Residuals  Management                                Easy - Moderate

   Residues are defined as solid by-products that have some positive value or represent no
   cost for disposal. Food processing residues typically have nutrient/organic matter content
   that makes them economically recyclable. Some of the more recent technologies for
   reclaiming by-products for utilization include (1) recovering by-products for use in human
   food; (2) recovering by-products for animal feeds; (3) use as fertilizers for crop production;
   and (4) recovery for energy  generation.


Recycling  Refrigerants                                          Moderate

   If refrigerants are recycled or reclaimed, they are not considered hazardous under federal
   law. As a food processing facility,  recycling or reclaiming your refrigerants will reduce your
   hazardous waste disposal costs. If you have not done so already, it is important  that you
   consider recycling your refrigerant  or contracting a service to reclaim  used refrigerant.  To
   assist owners of commercial refrigeration, EPA has published a series of short fact sheets
   that outline regulations and  pollution prevention techniques.  For further information, call the
   Stratospheric Ozone Hotline at 1-800-296-1996.

Reducing/Recycling/Reusing Packaging                          Easy

   Many businesses across the U.S. generate extremely large  amounts  of nonhazardous solid
   waste daily. Much of the waste is from product packaging (e.g., plastic, cardboard, and
   aluminum). Incinerators and landfills, most often, are the final destination for most of this
   waste. There are, however, many  avenues for diverting the solid waste from a solid waste
   disposal facility. Inefficiently managed solid waste can  lead  to excessive and unnecessary
   expenses for your facility. The following list provides several suggestions and resources to
   help you better handle your facility's solid waste.

   •   Reduce Materials Used. You can reduce or eliminate  a number of input materials to
       reduce solid wastes generated by your facility.  These materials include excess
       cardboard and plastic packaging.

       Reuse Materials. While reducing the input materials to your packaging process is the
       most effective means of pollution prevention, reusing materials in  your operations can be
       an equally effective way of reducing your solid waste stream. Using returnable materials
       such as plastic crates or wooden pallets will reduce the amount of waste that ends up in
       the trash. Use of returnable materials for food contact should be avoided.
      2 North Carolina Agricultural Cooperative Extension Service. "Bank or Drain: Cut Waste to Reduce
Surcharges for Your Dairy Plant." North Carolina Pollution Prevention Pays Program.  CD-26.  March 1996 (JWM).
http:\\www.bae.ncsu.edu/baeprograms/extension/publicat/wqwm/cd26.html


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      Recycle Scrap. Many materials in the packaging process can be recycled, which will
      prevent them from ending up in the local landfill. They include paper, empty containers,
      cardboard, pallets, glass, and aluminum.  Consult your vendors or local recycling
      companies for more ideas.


 I  1.3.4   Techniques for  Material  Substitution  and

             Elimination

As a food processing facility, you should research materials that are safe for the environment
(without compromising the safety and quality of your product) and cost less (e.g., by weight or
usage amount) that you can use in food processing operations. If it is determined that a material
is not needed for a  process, eliminate its usage to reduce extra costs in production. By
educating all employees about the costs of waste disposal and the benefits of reduction, you can
maximize cost savings by implementing pollution prevention techniques throughout your facility.

Laboratory  Inventory  Reduction                                    Easy

   Keeping laboratory materials to a minimum can  benefit your facility by reducing
   accumulation of unusable chemicals and preservatives.  It can also provide incentives to
   minimize use where possible.

General Inventory  Control                                           Easy

   Ordering of Materials.  Minimize wastes by ordering quantities of materials that match  your
   needs. When ordering input materials, avoid overstocking by ordering according to usage
   demands.  A good unit price is  meaningless if the material goes bad on your shelf and you
   then have to dispose of it. Buy the largest container that allows you to use all of the contents
   before they go bad.  This minimizes solid waste from packaging.

   Inventory Control.  Chemical containers labels list the shelf life for the material. You should
   follow these dates and keep inventories using first-in, first-out practices, which will help you
   reduce the amount of materials with expired shelf lives.

Using Alternative Refrigerants                               Moderate

   Your facility should consider using alternative refrigerants for your equipment. Many new
   alternative refrigerants are being marketed for use in stationary refrigeration equipment. You
   should ask your refrigerant supplier if an alternative is available and whether it is on EPAs
   Significant New Alternatives Policy (SNAP) program list.  EPAs SNAP program determines
   what risks alternatives to refrigerants pose to human health and the environment. EPA
   evaluates the alternative refrigerant's ozone-depleting potential, global warming potential,
   flammability, and toxicity. The SNAP evaluation, however, does not determine whether the
   alternative will provide adequate performance or will be compatible with the components of a
   refrigeration system. Food processors should consult with their refrigeration
   supplier/engineer prior to considering a SNAP refrigerant to ensure that safe
   temperature parameters for their product will not be compromised. To assist owners

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   of commercial refrigeration, EPA has published a series of short fact sheets that outline
   regulations and pollution prevention techniques.  For further information, call the
   Stratospheric Ozone Hotline at 1-800-296-1996.
 I  1.4     Voluntary  Programs
Over the last several years, an important change has been taking place in EPA's national
strategy for protecting the environment. Through an array of partnership programs that EPA
collectively refer to as Partners for the Environment, EPA is demonstrating that voluntary goals
and commitments achieve real environmental results in a timely and cost-effective way.  In
addition to traditional approaches to environmental protection, EPA is building cooperative
partnerships with a variety of groups, including small and large businesses, citizen groups, state
and local governments, universities and trade associations.

The results of the Partners for the Environment effort are impressive. Thousands of
organizations are working cooperatively with EPA to set and reach environmental goals such as
conserving water and energy, and reducing greenhouse gases, toxic emissions, solid wastes,
indoor air pollution and pesticide risk. EPA's partners are making pollution prevention a central
consideration in doing business. Partnership also means that EPA is working cooperatively with
the private sector to provide stakeholders with effective tools to address environmental issues.
And these partners are achieving measurable environmental results often more quickly and with
lower costs than would be the case with regulatory approaches. EPA views these partnership
efforts as key to the future success of environmental protection.

EPA's voluntary pollution prevention programs, such as the Environmental Leadership Program
(ELP), Project XL, and WasteWi$e, are designed to promote industrial environmental
excellence.  Some programs offer opportunities for both trade association and individual
companies to participate.  As of 1996, trade associations representing the food processing
industry and/or individual companies were participating in most of these voluntary programs.
Several federally sponsored demonstration programs (e.g., Climate Wise, Green  Lights, and
NICE3) focus on energy savings in industrial operations. Although energy use is not regulated,
energy conservation and pollution prevention are interrelated.  As of 1996, a small number of
food processing companies were participating in these programs.

EPA has produced a reference guide that describes 38 of its voluntary pollution prevention
programs, entitled "Partnerships in Prevention Pollution: A Catalogue of the Agency's
Partnership Programs" (1996).  This document can be accessed at http://www.epa.gov/
partners/.
 I  1.4.1   EPA  Programs

Environmental  Leadership Program
   From 1994 to 1996, EPA's Office of Compliance tested a national initiative, the
   Environmental Leadership Program (ELP), with twelve industrial facilities (e.g. printing,
   waste management services, etc.) and federal installations.  Note: No food processing
   facilities participated in the pilot phase of this initiative.

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   The program provided recognition and certain other benefits to facilities that demonstrated
   strong commitments to continued compliance and "beyond compliance" efforts. Two of the
   criteria for participation were that the facility had to have a good record of compliance with
   environmental  laws, regulations and permits,  and the facility had to demonstrate it had an
   environmental  management system (EMS) that met ELP requirements.  EPA is reviewing
   the ELP's results before further action on this program. For additional information, visit the
   ELP Home Page at http://es.epa.gov/elp/.
Project XL
   Project XL was initiated in March 1995 as a part of President Clinton's Reinventing
   Environmental Regulation initiative.  Project XL, which stands for "excellence and
   Leadership," is a national initiative that tests innovative ways of achieving better and more
   cost-effective public health and environmental protection.  The information and lessons
   learned from Project XL will be used to assist EPA in redesigning its current regulatory and
   policy-setting approaches.  Project XL encourages testing of cleaner, cheaper, and smarter
   ways to attain environmental results superior to those achieved undercurrent regulations
   and policies, in conjunction with greater accountability to stakeholders.

   EPA and program participants will negotiate and sign a Final Project Agreement, detailing
   specific objectives that the participant (regulated entity) shall satisfy. In exchange,  EPA will
   allow the participant a certain degree of regulatory flexibility and may seek changes in
   underlying regulations or statutes. Participants are encouraged to seek stakeholder support
   from local governments, businesses, and environmental groups. EPA hopes to implement
   fifty pilot projects in four categories including facilities, sectors, communities, and
   government agencies regulated by EPA. Applications will be accepted on a rolling basis and
   projects will move to implementation within six months of  their selection.
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 JACK M. BERRY INC. Jack M. Berry Inc. is a mid-sized juice-processing facility in LaBelle, Florida.

 Innovative Approach: Jack M. Berry Inc. is developing a facility-wide comprehensive operating plan that
 consolidates environmental permits and all operating procedures into a single manual for the facility. The
 project builds in stakeholder participation, and will be evaluated with appropriate public notices every five
 years. The  project may be consolidating seven Federal, State, and local environmental permits by
 developing and gaining approval for just one comprehensive operating permit instead of many each year.
 It is also improving  compliance with environmental requirements by involving staff in the development of
 the facility-wide operating plan and by using simple language to describe more clearly what is required
 by law.

 Benefits for the Environment:  In the first year of the project, the facility eliminated several hazardous
 wastestreams, and an 88-acre area previously used to disperse wastewater, which relieved the
 community of irritating odor problems. The facility is also expected to: (1) reduce air emissions of
 volatile organic compounds, sulfur dioxide, and nitrogen oxides; and (2) further reduce the number and
 types of solvents and lubricants used onsite  and replace them with a  number of environmentally-friendly
 materials.

 Benefits to the Facility:  Jack M. Berry Inc. will save significant expenditures by eliminating the costly
 requirement of preparing multiple permit applications every few years. This results in reduced lender
 concern  about future operational status, which,  in turn, can translate  into lower interest rates for
 long-term loans. In addition, as a result of audits during the project's first year, the company's new work
 procedures  are expected to result in 50 percent savings in environmental control investments, improved
 worker safety, and  substantially reduced employee training costs.

 Stakeholder Involvement: Jack M. Berry  Inc. has been working to ensure that those parties with a stake
 in the environmental concepts of its project are informed and have had an opportunity to participate in the
 development of the project.
    As of March 1998, more than 50 proposals have been reviewed to date. Seven pilot projects,
    including Jack M. Berry Inc. of Labelle, Florida (see box below), have signed final project
    agreements and are being implemented, and twenty proposals are in the development stage.
    More information on the Jack M. Berry pilot project can  be found at
    http://yosemite.epa.gov/xl/xl_home.nsf/all/berry.html/

    For additional  information on Project XL, including application procedures and criteria, see
    the April 23, 1997 Federal Register Notice, call the Project XL Information Line at (703) 934-
    3239, or use the Project XL fax-on-demand line at (202) 260-8590.  Additional information
    can be obtained from EPA's fact sheet entitled, "What Is Project XL? Excellence and
    Leadership in Environmental Protection" (EPA231-F-97-001), March 1998, and other
    project-specific fact sheets, all of which are available on the Internet at
    http://yosemite.epa.gov/xl/xl_home.nsf/all/homepage/ or via Project XL's fax-on-demand
    line.
WasteWi$e Program
    The WasteWi$e Program was started in 1994 by EPA's Office of Solid Waste and
    Emergency Response.  The program is aimed at reducing municipal solid wastes by
    promoting waste minimization, recycling collection, and the manufacturing and purchase of

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   recycled products. As of January 1998, the program had about 700 partners spanning more
   than 35 industry sectors. Partners include large corporations, as well as small and medium-
   sized businesses. WasteWi$e has 59 endorsers, mainly membership-based organizations,
   from more than 15 industry sectors. Partners agree to identify and implement actions to
   reduce their solid wastes and must provide EPA with their waste reduction goals along with
   yearly progress reports. EPA, in turn, provides technical assistance to partner companies
   and allows the use of the WasteWi$e logo for promotional purposes.  For more  information,
   contact the WasteWi$e Hotline at 800-EPA-WISE (372-9473) or access the WasteWi$e
   Home Page via the Internet at http://www.epa.gov/epaoswer/non-hw/reduce/wstewise.


Climate Wise

   Climate Wise, a unique, government-industry partnership jointly sponsored by the U.S.
   Department of Energy (DOE) and EPA, helps businesses turn energy efficiency and
   environmental performance into a corporate asset.  Climate Wise, a voluntary program, was
   designed to help the United States honor its international commitment to reducing
   greenhouse gas emissions to 1990 levels by the year 2000.  Climate change prevention
   measures can continue to  be a prime focus of international negotiations in the future.

   Companies participating in Climate Wise are finding that improving energy efficiency and
   reducing greenhouse gas emissions save them money and boost productivity. Climate Wise
   Companies already expect to save more than $300 million by the year 2000. Becoming a
   partner is easy. To join, companies must complete a one-page partnership agreement;
   submit a Climate Wise Action Plan within six months that identifies specific cost-effective
   energy efficiency  and pollution prevention measures; and report results annually while
   striving for continuous improvement. In return,  participants in the Climate Wise  program
   receive DOE and EPA help in identifying actions that both save energy and reduce costs.
   For example, Climate Wise partners receive an innovative action plan development software
   program that provides more than 50 case studies, a list of proven energy efficiency
   technologies,  and tools to quantify the results of their actions.  Also, Climate Wise
   companies can receive access to free pollution prevention and energy efficiency
   assessments. In addition, companies receive public recognition for their efforts.

   Over 300 current partners  have taken advantage of the program's many service offerings,
   including financial information sources, supporting documents, and peer exchange
   opportunities. For more information, call 202-260-4407 or access the ClimateWi$e Home
   Page via the Internet at http://www.epa.gov/climatewise/.
Green Lights Program
   Green Lights is an innovative, voluntary pollution prevention program sponsored by EPA. The
   primary purpose of the Green Lights Program is to encourage U.S. organizations to install
   energy-efficient lighting, in order to prevent the creation of air pollution (including greenhouse
   gases, acid rain emissions, air toxics, and tropospheric ozone), solid waste, and other
   environmental impacts of electricity generation.  As of April 1998, the program had over 2,500
   members which included major corporations; small and medium sized businesses; federal,
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   state and local governments; non-profit groups; schools; universities; and health care
   facilities.

   By joining Green Lights, partners agree to install energy efficient lighting where profitable as
   long as lighting quality is maintained or improved. EPA agrees that your commitment to
   survey buildings and complete lighting upgrades is contingent upon the availability of
   appropriated funds or third-party financing resources.  EPA provides technical assistance to
   the participants through a decision support software package, workshops and manuals, and
   a financing registry.  EPAs Office of Air and Radiation is responsible for operating the Green
   Lights Program. For additional information, contact Green Light/Energy Star Hotline at 202-
   775-6650 or call toll-free at (888) STAR-YES (782-7937)]. Information can also be accessed
   using the fax-back system at 202-564-9659 or by accessing the Green Lights Home Page
   via the Internet at http://www.epa.gov/greenlights.html/.


NICE3

   The U.S. Department of Energy (DOE) and EPAs Office of Pollution Prevention are jointly
   administering a grant program called The National Industrial Competitiveness through
   Energy, Environment, and Economics (NICE3). By providing grants of up to 50 percent of
   the total project cost,  the program encourages industry to reduce industrial waste at its
   source and  become more energy-efficient and cost-competitive through waste minimization
   efforts. Grants are used by industry to design, test, demonstrate, and assess the feasibility
   of new processes and/or equipment with the  potential to reduce pollution and increase
   energy efficiency. The program is open to all industries;  however, priority is given to
   proposals from participants in the pulp and paper, chemicals, primary metals, and petroleum
   and coal products sectors.  For more information, contact DOE's Golden Field Office at 303-
   275-4729 or access http://www.oit.doe.gov/Access/nice3/basicbody.html/.
 I  1.4.2   Trade Association/Industry Programs

Trade associations and other industry-related groups are developing programs that promote
pollution prevention opportunities.  The following are examples of these programs developed for
the food processing industry.
Food  Manufacturing Coalition for  Innovation and Technology

Transfer

   Initiated on January 23, 1996, the Food Manufacturing Coalition (FMC) is an ongoing,
   industry-driven technology transfer program. The objectives of the FMC are to (1) improve
   the food manufacturing industry's productivity and environmental quality through
   technological innovation and commercialization, and (2) address and solve high priority,
   industry-wide environmental problems. The program is open to companies of all sizes.
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   Members of the FMC discussed and selected specific high priority areas initially identified
   through surveys conducted by 8 national trade associations partnering in the project. A total
   of 20 potential projects directed toward maximizing air and water quality, minimizing sold
   waste and toward increased control and processing efficiencies were designated for further
   analysis and effort. These topic areas were further refined into detailed needs statements
   that are being broadly disseminated to the research and development community asking for
   technical ideas and interest in joint efforts. The needs and suggested technological
   approaches will result in State-of-the Art reports that document alternative technologies
   available for follow-up in the form of co-development, licensing, Small Business Innovation
   Research Grants, or other strategies leading to potential commercialization.

   For more information on the FMC program, contact R.J. Phillips & Associates, Inc.  at (703)
   406-0072 or send e-mail to rphih 140@aol.com. Additional information can also be obtained
   by accessing the FMC webpage at http://ceres.esusda.gov/fmc/.


Communicating CAA Section  I 12 (r) Risk Management

Program Requirements

   The Food Industry Environmental Council (FIEC) a coalition of more than 50 food processors
   and trade associations, has developed materials to assist food processors in
   communicating with the public about risk management programs covered under the CAA
   Section 112(r). These communication materials include the following:

      •• "Backgrounders" on ammonia, chlorine and propane;
      •• A computer disk with the shell of a tri-fold brochure and filler language;
      •• Communication guidelines;
      •• A question and answer document; and
      •• A resource and reference document.

   The communication packages are available from your food trade association.
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                           APPENDIX A
         SUMMARY OF  MAJOR REGULATIONS
                          FROM THE  CFR
The following contains brief summaries of the major environmental regulations from the Code of
Federal Regulations (CFR) that are applicable to food processors. Table A-1 shows the
regulations and the CFR citations that are presented in Appendices A. 1 -A.6.  These summaries
can assist you in identifying specific regulatory requirements. Appendix A.7 lists pending and
proposed regulations.  You should note that these materials are intended solely as guidance.
Because applicable regulations are specific to each individual facility, you should use the Federal
Register or the CFR to determine your facility's requirements.

         Table A-1.  Regulations and CFR Citations Presented in Appendix A
 Appendix
    A.1
Statute
 CWA
               Regulation
NPDES Permit Program
                    Pretreatment Regulations
                    Discharge of Oil
                    Oil Pollution Prevention
                    Designation of Hazardous Substances
                    Determination of RQs for Hazardous Substances
40 CFR 122
                                                    40 CFR 403
                                                    40 CFR 110
                                                    40 CFR 112
                                                    40 CFR 116
                                                    40 CFR 117
    A.2
SDWA
National Primary Drinking Water Regulation
                    National Secondary Drinking Water Regulation
                    Underground Injection Control Program
40 CFR 141
                                                    40 CFR 143
                                                    40 CFR 144
    A.3
 CAA
Subpart M National Emission Standards for
Asbestos
                    Chemical Accident Prevention Provisions
                    Protection of Stratospheric Ozone
40 CFR 61
                                                     40 CFR 68
                                                     40 CFR 82
    A.4
EPCRA
Emergency Planning and Notification
                    Hazardous Chemical Reporting
                    Toxic Chemical Release Reporting
40 CFR 355
                                                    40 CFR 370
                                                    40 CFR 372
Appendix A
Summary of Major
Regulations from the CFR
                          A-1
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         Table A-1. Regulations and CFR Citations Presented in Appendix A
Appendix
A.5
A.6


Statute
CERCLA
RCRA
FIFRA
TSCA
Regulation
Designation, Reportable Quantities and Notification
Generator Classifications and Requirements
Hazardous Waste Generator Requirements
Hazardous Waste Transporter Requirements
Land Disposal Restrictions
Underground Storage Tanks (USTs)
40 CFR 302
40 CFR 261 .5
& 262.34
40 CFR 262
40 CFR 263
40 CFR 268
40 CFR 280
Not summarized in this document.
Not summarized in this document.
Appendix A
Summary of Major
Regulations from the CFR
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                       APPENDIX A. 1


      SUMMARY OF  PRINCIPAL REGULATIONS


           UNDER THE CLEAN  WATER ACT


The following section provides a summary of the principal regulations developed pursuant to the
CWA that are applicable to the food processing industry. The regulations included are:

     40 CFR122 - NPDES Permit Program
     40 CFR 403 - Pretreatment Regulations
     40 CFR 110- Discharge of Oil
     40 CFR 112 - Oil Pollution Prevention
     40 CFR 116 - Designation of Hazardous Substances
     40 CFR 117 - Determination of Reportable Quantities for Hazardous Substances
                         40 CFR  I 22

      EPA Administered Permit Programs, The

      National Pollutant Discharge Elimination

                             System

Definition of a Point Source (40 CFR 122.2): For the purposes of the CWA, point source
means 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, landfill, leachate collection system, vessel or other floating craft from
which pollutants are or may be discharged. This term does not include return flows from
irrigated agriculture or agriculture storm water runoff.
                      40 CFR 122 - DIRECT DISCHARGES
                Requirements
               Compliance Dates
 Discharge Limitations:
   Effluent limitations contained in the NPDES permit.


 Monitoring and Reporting Requirements:

 Note: All direct dischargers are required to obtain an
 NPDES permit. The NPDES permit outlines the
 discharger's specific monitoring and reporting
 requirements.	
          Compliance with specific permit
          limitations upon effective date of
          the permit.
Appendix A.I

Summary of Principal

Regulations Under the CWA
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                            40 CFR122 - DIRECT DISCHARGES
                    Requirements
                   Compliance Dates
    Perm it Applications - containing the information
    required under 122.21 (f), (g), and (k) (application
    requirements for new sources and new discharges)
    Planned Changes - notification to the Director as soon
    as possible of any planned physical alteration or
    addition that meets the criteria in 122.41(l)(1)
    Anticipated Noncompliance - advance notification to
    the Director of any planned changes that may result in
    permit noncompliance
    Monitoring Reports - monitoring results must be
    submitted as required by the NPDES permit (at least
    annually). All  monitoring must be conducted using 40
    CFR 136 methods.
    Compliance Schedules - reports of compliance or
    noncompliance with  compliance schedule
    requirements
    24-Hour Reporting - of any noncompliance that may
    endanger health or the environment, including the
    information listed in 122.41 (l)(6)
    Anticipated and Unanticipated Bypass - notification as
    required under 122.41(m)

    Discharge of Toxic Pollutants - notification to the
    Director of activity that results in the discharge of toxic
    pollutants not  limited in the permit, if it exceeds the
    levels outlined in 122.42(a)(1)
    Storm Water Permit Applications - submission of
    either individual permit application or general permit
    applications
    -   Individual permit applications must include the
        information in 122.26(c)(1)
             Permit applications are to be
             submitted 180 days prior to the
             commencement of discharge.
             Applications for permit renewal
             are required to be submitted 180
             days before the existing permit
             expires.
             As soon as possible, when
             applicable

             In advance of changes, when
             needed

             At least annually or more
             frequently as required by permit
            Within 14 days of each
            compliance schedule date

            Within 24 hours
            At least 10 days prior to
            anticipated bypass. Within 24
            hours of unanticipated bypass
            As soon as facility knows or has
            reason to believe that levels will be
            exceeded
             Individual permit applications for
             existing facilities were due
             October 1, 1992. New facilities
             must submit an application 180
             days prior to commencement of
             industrial activity	
Appendix A.I
Summary of Principal
Regulations Under the CWA
AI-2
March 1999

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                        40 CFR122 - DIRECT DISCHARGES
                 Requirements
                Compliance Dates
      Facilities to be covered under a baseline general
      permit must file a Notice of Intent (NOI)
           NOIs from existing facilities were
           due prior to October 1, 1992.
           NOIs were due prior to September
           9, 1997 in order to be covered
           under the administratively-
           extended baseline general permit.
   -  Facilities to be covered under a multi-sector
      general permit must file a NOI.
 •   Other Storm Water Reports - submission of other
    reports as required under a facility's storm water
    discharge permit.  These reports may include
    pollution prevention plans and monitoring reports.
 Recordkeeping Requirements:
    Records of monitoring information as required under
    122.41 (j) must be  kept for at least three years.
           Deadlines for NOIs differed for
           facilities in operation prior to
           September 29, 1995, and those
           who commenced operations after
           September 29, 1995.
           Due dates as required by permits
                           40  CFR 403
  General Pretreatment  Regulations for  Existing
              and  New Sources of Pollution
40 CFR 403 - INDIRECT DISCHARGES
Requirements
Discharge limitations:
Prohibited discharge standards (general and
specific) in 40 CFR 403.5
• Applicable local limits
Monitoring and Reporting Requirements:
Note: Reports must be submitted whether or not the
facility has been issued a permit.
Compliance Dates


Appendix A.I
Summary of Principal
Regulations Under the CWA
AI-3
March 1999

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                           40 CFR 403 - INDIRECT DISCHARGES
    Baseline Monitoring Reports (BMP) - containing
    the information required under 40 CFR 403.12(b).
    Compliance Schedule Progress Reports -
    containing the information required under 40 CFR
    403.12(c)(3)	
         BMRs from existing sources are due
         within 180 days after the effective date
         of a categorical pretreatment
         standard. BMRs from new sources
         are due 90 days prior to
         commencement of discharge.
         Due within 14 days of completing
         compliance schedule milestone or
         due date
    90-Day Compliance Report - containing the
    information required under 40 CFR 403.12(d)
    Periodic Reports on Continued Compliance -
    containing the information in 40 CFR 403.12(e)
    (including monitoring data for all categorically
    regulated pollutants). All monitoring must be
    conducted using 40 CFR 136 methods.
    Notice of Potential Problems Including Slug
    Loadings


    Notice of Changed Discharge - advanced
    notification of any substantial change  in the
    volume or character of pollutants in the discharge
    (including hazardous wastes)
    Notice of Violations and Resampling - notification
    of violation and results of sampling
    Notification of Hazardous Waste Discharge -
    notification to the POTW, EPA, and the state of
    the hazardous wastes discharged to the POTW
         Due within 90 days following date for
         final compliance or for new sources,
         following the commencement of
         introduction of wastewater to the
         POTW
         Must be submitted at least
         semiannually
         Immediately to the Control Authority
         upon identification of discharges that
         could cause problems to the POTW
         Prompt notification in advance of any
         substantial change
         Notice within 24 hours, results of
         resampling within 30 days
         One time notification, unless changes
         to discharge
 Recordkeeping Requirements:
    Monitoring records including the information listed
    in 403.12(o) must be maintained for at least 3
    years
Appendix A.I
Summary of Principal
Regulations Under the CWA
AI-4
March 1999

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                               40CFR  I  10
                            Discharge  of Oil
Applicability:
Prohibited discharges include certain discharges to U.S. navigable water, adjoining shorelines,
or to waters of the contiguous zone, occurring in connection with activities under the Outer
Continental Shelf Lands Act of the Deepwater Port Act, or those that may affect U.S. natural
resources.

May be applicable to food processing facilities using oil and that are either located by a municipal
storm sewer that discharges to waters or near streams or bodies of water.
                                     40CFR110
               Requirements
     Discharge of oil is prohibited that:

        Violates applicable water quality
        standards, or

        Causes a film or sheen upon or
        discoloration of the surface of the water or
        adjoining shorelines or causes a sludge or
        emulsion to be deposited beneath the
        surface of the water or upon the adjoining
        shorelines

     Notification must be provided immediately to
     the National Response Center at 1-800-424-
     8802 or 202-426-2675 in the Washington, DC
     metropolitan area of any discharge of oil in
     violation of the Section 311(b)(3).
   Immediately
Appendix A.I
Summary of Principal
Regulations Under the CWA
AI-5
March 1999

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                                40CFR  I  12

                      Oil  Pollution Prevention


Applicability:

Non-transportation related onshore and off-shore facilities engaged in drilling, producing,
gathering, storing, processing, refining, transferring, distributing, or consuming oil and oil
products that could reasonably discharge oil in harmful quantities, as defined in 40 CFR 110.
Note: 40 CFR 112 does not apply to facilities, equipment, or operations which are not subject to
EPA jurisdiction.
                                      40 CFR 112
                Requirements
               Compliance Dates
 Prepare and implement Spill Prevention Control
 and Countermeasure plans meeting the
 requirements of 40 CFR 112.3 -112.7


     Submit report as described in 40 CFR 112.4
     when discharged oil > 1,000 gallons in single
     spill event or discharged oil in harmful
     quantities in two spill events

     Review, evaluate, and update plan as required
     under 40 CFR 112.5

     Submit facility response plan as described in
     40 CFR 112.20 and develop and implement
     facility response training and drill exercise as
     described in 40 CFR  112.21
   Existing sources:  Plans in effect
   New sources:  Prepare plan within 6 months of
   beginning operation and fully implement in no later
   than 1 year

   Within 60 days of becoming subject to reporting
   requirements
   Review plan once every 3 years, amend plan within
   6 months, if needed

   Existing sources: as described in 40 CFR 112.20
   New source: Prior to start of operations
Additional requirements not addressed here include facility response plans, preparedness drills
and exercises, and training.
Appendix A.I
Summary of Principal
Regulations Under the CWA
AI-6
March 1999

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                 40CFR  I 16 and  117

   Designation  of Hazardous Substance and 40

       CFR I I 7 Determination of Reportable

        Quantities for Hazardous  Substances


Applicability:

40 CFR 117 does not apply to facilities that discharge the substance under an NPDES permit or
to a POTW, as long as any applicable effluent limit or pretreatment standard is met.


Requirements:

40 CFR 116.4 designates hazardous substances and 40 CFR 117.3 establishes the Reportable
Quantity (RQ) for each substance listed in 40 CFR 116. When an amount equal to or in excess
of the RQ is discharged, the facility must provide notice to the Federal government following
DOT requirements in 33 CFR 153.203.
Appendix A.I

Summary of Principal

Regulations Under the CWA              AI -7                       March 1999

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                      APPENDIX A.2
      SUMMARY OF PRINCIPAL  REGULATIONS
    UNDER THE SAFE  DRINKING WATER ACT
The following section provides a summary of the principal regulations developed pursuant to the
SDWA that may apply to the food processing industry:
   •  40 CFR141 - National Primary Drinking Water Regulations
   •  40 CFR 143 - National Secondary Drinking Water Regulations
   •  40 CFR 144 - Underground Injection Control Program.
                        40 CFR  I4I
   National  Primary Drinking Water Regulations
Applicable Subparts:
Public water systems (PWSs) applicable to food processing facilities includes:
•   Community water system - A PWS which serves at least 15 service connections used by
   year round residents or regularly serves at least 25 year-round residents.
•   Non-transient non-community water system - A PWS that is not a community water system
   and that regularly serves at least 25 of the same persons for over 6 months of the year.
                             40 CFR 141
                  Requirements
 Maximum Containment Levels - Subparts B, G
 Maximum Containment Level Goals - Subpart F
 Monitoring and Analytical Requirements - Subparts C, H, I
 Reporting, Public Notification and Recordkeeping - Subparts D, H, I
 Surface Water Treatment Rule - Subpart H
All Regulations in effect
Under development
Appendix A.2
Summary of Principal
Regulations Under the SDWA             A2-I                         March 1999

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        Recordkeeping Requirements (40 CFR 141.33,144.75,141.80 and 141.91)
             Records Pertaining to
 Bacteriological analyses
 Chemical analyses
 Actions taken to correct violations
 Sanitary survey reports
 Variances or exemptions
 Lead and copper control
                 At least 5 years
                 At least 10 years
                 At least 3 years after last action taken
                 At least 10 years
                 At least 5 years following expiration
                 At least 12 years
         Lab Reports Summary Requirements (40 CFR 141.33,141.74 and 141.80)
            Sampling Information
 Date, place, and time of sampling
 Name of sample collector
 Identification of sample:
   •  Routine or check sample
   •  Raw or treated water
                 Date of analysis
                 Laboratory conducting analysis
                 Name of person responsible for analysis
                 Analytical method used
                 Analysis results
                      Reporting Requirements for Check Sampling
        Contaminant
 Microbiological
 Nitrate
 All others
Must report to state within 48 hours when any check sample confirms
the presence of coliform bacteria.
Must report to state within 24 hours if check sampling confirms MCL
has been exceeded
Must be reported to the state within 10 days after the end of the month
in which the sample was received.
Appendix A.2
Summary of Principal
Regulations Under the SDWA
              A2-2
March 1999

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                                       MCL Violations
                  Contaminant
                                       Violation
 Inorganic chemicals (expect nitrate) and organic
 chemicals (except THMs)
 Nitrate
 THMs
 Radionuclides (natural and man-made)
 Microbiological (coliform testing):  membrane filter
 and multiple-tube fermentation
                       If average of results from initial sample plus 3
                       check samples exceeds MCL
                       If average of results from initial sample plus the
                       check sample exceeds MCL
                       If average of results from present quarter plus
                       those of 3 preceding quarters exceeds MCL*
                       If average annual concentration exceeds MCL**
                       If any of the MCLs are exceeded
     Quarter means a 3-month period. For convenience, calendar quarters are used.
     Based on individual analyses of 4 consecutive quarterly samples or a single analysis of an annual composite of 4
     quarterly samples.
                     Public Notification Requirements, 40 CFR 141.32
Violation or Condition
Violation of an MCL, acute
Violation of an MCL, non-acute
Failure to monitor; failure to follow
compliance schedule; or failure to use
approved testing procedure
System granted a variance or exemption
Required Timing
72 Hours
3,4, 5

14 Days
2,4, 5
2,4,5
45 Days
1, 4, 5
1,4,5


3 Months
1, 4, 5
1,4,5
2,4,5
1, 4, 5
 1 - Direct mail
 4 - Hand delivery
2 - Local newspaper
5 - Continuous posting in conspicuous places
3 - By local radio and/or TV
Appendix A.2
Summary of Principal
Regulations Under the SDWA
                  A2-3
               March 1999

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                            40CFR 143
 National  Secondary Drinking Water  Regulations

Applicable Subparts:
These regulations are not Federally enforceable but are intended as guidelines for States.
                                 40CFR143
      Component
               Regulatory Recommendation
 Standards

 Monitoring



 Analytical Methods



 Notification
Secondary MCLs exist for 15 contaminants

Conducted at least as frequently as the monitoring performed for inorganic
chemicals listed in the National Interim Primary Drinking Water Regulations
and more frequently for parameters such as pH, color, and odor

pH, copper, and fluoride should be analyzed consistent with methods
described in 40 CFR 141. Other contaminants should be analyzed using
the procedures specified in 40 CFR 143.4(b).

Community water systems that exceed the secondary MCL for fluoride, but
do not exceed the primary MCL, should notify (using the public notice
provided in 40 CFR 143.5(b)) all billing units annually, all new billing units at
the time service begins, and the state public health officer.
                            40 CFR 144

       Underground Injection  Control  Program

Applicable Subparts:

Well classifications applicable to food processing facilities:
•  Class I - Wells used to inject hazardous or nonhazardous wastes beneath the lowermost
   formation containing, within one-quarter mile of the well-bore, an underground source of
   drinking water.
•  Class V - Injection wells not included in other classes.
Appendix A.2
Summary of Principal
Regulations Under the SDWA
               A2-4
March 1999

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                                         40CFR144
                    Requirements
 Any underground injection is prohibited unless authorized
 by permit or rule. Construction of any well required to
 have a permit is prohibited until the permit has been
 issued.

 Authorization by Rule Requirements:

 Reporting Requirements:

     Inventory information as specified in 40 CFR 144.26
     24-hour notification of noncompliance that may
     endanger health or the environment (Class I wells) as
     required in 40 CFR 144.28(b)

     Plugging and abandonment plan (Class I wells) as
     required in 40 CFR 144.28(c).
     Reports containing the information required in 40
     CFR 144.28(h)(l) (Class I wells)

     Notice of abandonment as required in 40 CFR
     144.28(j)

     Plugging and abandonment report as required in 40
     CFR144.28(k)
         One year after the date of approval or
         effective date of the DIG program for the
         State.

         Orally within 24 hours and written five days
         One year after the effective date of the DIG
         program in the State (EPA administered
         programs)

         Quarterly
         As specified by the Director


         Existing wells: No later than 4 years from
         approval or promulgation of DIG program.

         New wells: Reasonable time before
         construction is expected to begin
 Authorization by Permit

 Monitoring requirements:

     All owners and operators (even those authorized by
     rule, unless authorized for life of the well) are
     required to submit a permit application containing the
     information in 40 CFR 144.31.
Appendix A.2
Summary of Principal
Regulations Under the SDWA
A2-5
March 1999

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                     APPENDIX

     SUMMARY OF PRINCIPAL  REGULATIONS

            UNDER THE CLEAN AIR ACT
The following sections provide summaries of some of the principal regulations developed
pursuant to the CAA that may apply to the food processing industry. The section includes:
   •  40 CFR 61 - Subpart M National Emission Standards for Asbestos
   •  40 CFR 68 - Risk Management Planning
   •  40 CFR 82 - Protection of Stratospheric Ozone
Additional requirements exist for boilers, NSPS, and NESHAP; see the regulations for more
information.

                40 CFR 6 I  - Subpart M
     National Emission Standard for Asbestos
         Standard for Demolition and Renovation 6 1 . 1 45
                  Standard for Spraying  6 1 . 1 46
             Standard for Insulating  Materials 6 1 . 1 48
          Standard for Waste Disposal for Manufacturing,
         Fabricating, Demolition, Renovation, and Spraying
                       Operations 6 1 . 1  50

Applicability:
••  40 CFR 61 .145 is applicable to owners or operators of a demolition or renovation activity
•   40 CFR 61 .146 is applicable to owners or operators of an operation in which asbestos-
   containing materials are spray applied.
Appendix A3
Summary of Principal
Regulations Under the CAA              A3-1                        March 1999

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Affected Processes:

•   For demolition, requirements in 40 CFR 61.145(b) and (c) apply if the combined amount of
    Regulated Asbestos-Containing Material (RACM) meets criteria listed in 40 CFR
    For renovation, requirements in 40 CFR 61.145(b)(and (c)) apply if the combined amount of
    RACM to be stripped, removed, dislodged, cut, drilled, or disturbed meets the criteria in
    61.145(4)(i) or (ii).

    All RACM must be removed from a facility being demolished or renovated before any activity
    begins that would break up, dislodge, or disturb the material or preclude access to the
    material for removal.

    When a facility component that contains, is covered with, or is coated with RACM is being
    taken out of the facility as a unit or in sections, the procedures in 40 CFR 61 .145(c)(2) must
    be followed; and when RACM is stripped from a facility component while it remains in place
    at the facility, procedures in 40 CFR 61 .145(c)(3) must be met.

    After a facility component covered with, coated, with, or containing RACM is taken out of the
    facility, it must be handled according to the procedures in 40 CFR 61 .145(c)(4). Large
    components such as reactor vessels, large tanks, and steam generators must be handled
    according to procedures in 40 CFR 61 .145(c)(5).

    All RACM must be handled according to procedures in 40 CFR 61 .145(c)(6).

    No RACM can be stripped, removed, or otherwise handled or disturbed at a facility unless at
    least one onsite representative is trained in compliance with the regulations.

    Under 40 CFR 61.146, material that contains more than 1% asbestos cannot be used for
    spray application on buildings, structures, pipes, and conduits.

    Under 40 CFR 61. 148, no owner or operator may install or reinstall on a facility component
    any insulating materials  that contain commercial asbestos  if the materials are either molded
    and friable or wet-applied and friable after drying; and this does not apply to spray-applied
    insulating materials regulated under 40 CFR 61.146.

    Under 40 CFR 61 . 1 50, each owner or operator of any source covered under 40 CFR 61 . 1 45
    or 61. 146 must:

      Discharge no visible emissions to the outside air during the collection, processing,
      packaging, or transporting of any asbestos-containing waste material generated by the
      source, or use one of the emission  control and waste treatment methods specified in 40
      CFR 61. 150(a)((1) through (4).

    -  Dispose of all asbestos-containing waste material as soon as practical at sites as listed
      in40CFR61.150(b).
Appendix A3
Summary of Principal
Regulations Under the CAA                   A3-2                               March 1999

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      Mark vehicles used to transport asbestos-containing waste material as in 40 CFR
      61.150(c).


Exemptions:

•   If the facility is being demolished under State or local government order because the facility
    is structurally unsound or in danger of imminent collapse, only 40 CFR 61.1 45(b)(1), (b)(2),
    b(3)(iii), (b)(4) (except (b)(4)(viii)), (b)(5), and (c)(4) through (c)(9) of this section apply.

    RACM does not need to be removed  before demolition if it meets the criteria in 40 CFR
              (i), (ii), (iii),or(iv).
•  Spray-on application of materials is not subject to 40 CFR 61 .146 when the asbestos fibers
   in the materials are encapsulated with a bituminous or resinous binder during spraying and
   the materials are not friable after drying.

•  Owners and operators of sources subject to 40 CFR 61 .146 are exempt from the
   requirements of 40 CFR 61 .05(a), 61 .07, and 61 .09.

•  Requirements in 40 CFR 61 . 1 50(a) do not apply to demolition and renovation for Category I
   nonfriable ACM waste and Category II nonfriable ACM waste that did not become crumbled,
   pulverized, or reduced to powder.


Reporting  and  Recordkeeping  Requirements

•  Owner or operator of demolition or renovation activity must submit and update written notice
   containing the information  in 40 CFR 61.145(b)(4)(i) through (xvii).

•  Spray-on application of materials that contain more than 1 % asbestos on equipment and
   machinery are subject to the  notification and procedural requirements in 40 CFR
   61.146(b)(1)and(2).

•  Waste  shipment records must be maintained for all asbestos-containing waste as described
   in40CFR61.150(d).
Appendix A3
Summary of Principal
Regulations Under the CAA                   A3-3                              March 1999

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                              40CFR68

                 Risk Management  Planning


Applicability:

Owners or operators of stationary sources that have more than a threshold quantity of a
regulated substance in a process, as determined under 40 CFR 68.115.


Date  of Applicability:

The latest of the following dates:

-  June 21, 1999
-  Three years after the date on which a regulated substance is first listed
-  The date on which a regulated substance is first present above a threshold quantity.


Applicable  Program:

A covered process is eligible under one of the three following programs.  If at any time a covered
process no longer meets the eligibility criteria of its Program level, the owner or operator shall
comply with the requirements of the new Program level that applies and update the RMP.

   Program 1  - For five years prior to submission of the RMP, the process has not had an
   accidental release of a regulated substance that led to death, injury, or response or
   restoration activities for exposure of an environmental receptor, and the distance to a toxic or
   flammable endpoint for a worst-case release  assessment is less than the distance to any
   public receptor, and emergency response procedures have been coordinated between the
   stationary source and local emergency planning and  response organizations.

   Program 2 - A covered process not subject to Program 1 or Program 3

   Program 3 - A covered process, not subject to Program 1 and either; the process is in SIC
   code 2611,  2812, 2819, 2821, 2865, 2869, 2873, 2879, or 2911, or, the process is subject to
   the OSHA process safety management standard 29 CFR 1910.119.


General Requirements:

-  Implement a Risk Management Program that includes a hazard assessment, release
   prevention program, and emergency response program.
-  Submit  a Risk Management Plan with a registration that includes all covered processes.
Appendix A3
Summary of Principal
Regulations Under the CAA                  A3-4                             March 1999

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Risk  Management  Plan Requirements:

-  An executive summary describing elements of the RMP
-  A single registration form covering all regulated substances
-  Worst-case release scenario information
-  Five-year accident history information
-  Alternative release scenarios information (for Program 2 and 3 processes)
-  Emergency response program information
-  Certification statement
-  Regular review and updates to the RMP
-  Additional information for Programs 2 and 3.


Other Requirements:

-  Maintain records for five years
-  Information available to the public
-  Additional permit requirements for facilities permitted pursuant to 40 CFR 70 or 71
-  Provide access to implementing agency for RMP audits.


Additiqnal Prqgram  I   Requirements:

-  Analyze worst-case release scenarios, document public receptor is beyond endpoint, and
   submit
-  Complete five year accident history for the process and submit
-  Ensure that response actions coordinated with  local agencies
-  Certify as specified in 40 CFR 68.12(b)(4).


Additiqnal Prqgram 2  Requirements:

-  Develop and implement a management system, assigning a qualified person with the overall
   responsibility for the program
-  Conduct a hazard  assessment
-  Implement a Program 2 Prevention  Program
-  Develop and implement an emergency response program
-  Submit the data on prevention program elements for Program 2 processes.


Additiqnal Prqgram 3  Requirements:

-  Develop and implement a management system, assigning a qualified person with the overall
   responsibility for the program
-  Conduct a hazard  assessment
-  Implement a Program 3 Prevention  Program
-  Develop and implement an emergency response program
-  Submit the data on prevention program elements for Program 3 processes.

Appendix A3
Summary of Principal
Regulations Under the CAA                 A3-5                           March 1999

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                         40  CFR 82
         Protection of Stratospheric Ozone
         Subpart A: Production and Consumption Controls
             Subpart E: The Labeling of Products Using
                   Ozone-Depleting Substances
           Subpart F: Recycling and Emissions Reduction
Applicability:
Any individual, corporate or government entity that produces, transforms, imports, or exports
these controlled substances.

Note: The list below is not all inclusive of Title VI requirements affecting food processors.
40 CFR 82
Requirements
Effective Date
Subpart A: Production and Consumption Controls
Prohibition on the production and consumption of any Class 1
substance in annual quantities greater than the relevant
percentage specified in the regulations (based on quantity of
substance produced in the baseline year).
Prohibition on the production of all Class 1 substances.
Prohibition on the production of all Class II substances.
Reporting Requirements:
Reports on production, imports, and exports of Class 1 and II
substances.
January 1 of each year specified in the
regulations.
1996 (except for methyl bromide -
2001)
Begin in 2003 and end 2030
Quarterly
Subpart E: The Labeling of Products Using Ozone-Depleting Substances
Containers in which Class 1 and II refrigerants are stored or
transported are required to be labeled with a warning stating
that it contains a substance which harms public health and
environment by destroying ozone in the upper atmosphere.

Suboart F: Recvclina and Emissions Reduction
Prohibition on knowingly venting ozone-depleting compounds
used as refrigerants into the atmosphere during maintenance,
service, repair, or disposal or air-conditioning or refrigeration
equipment.
July 1, 1992
Appendix A3
Summary of Principal
Regulations Under the CAA
A3-6
March 1999

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                                        40CFR 82
 Technicians servicing air-conditioning and refrigeration
 equipment are required to evacuate refrigerant in the line
 according to prescribed guidelines.
 Recovery and/or recycling equipment must be tested by an
 EPA-approved third-party testing organization.
             July 13, 1993
             All equipment sold after November 15,
             1993.  Some equipment manufactured
             prior to this date is grandfathered.
 Require repair of substantial leaks in all air conditioning and
 refrigeration units with more than 50 pounds of refrigerant.
             Within 30 days of recovery
 All persons who maintain, service, repair, or dispose of
 appliances are required to be certified.

 Persons servicing or disposing of air-conditioning and
 refrigeration equipment are required to certify that certified
 recovery and recycling equipment has been acquired and they
 are complying with the applicable requirements of 40 CFR 82,
 Subpart F.	
             November 14, 1994
             August 12, 1993
Appendix A3
Summary of Principal
Regulations Under the CAA
A3-7
March 1999

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                       APPENDIX AA
      SUMMARY OF PRINCIPAL  REGULATIONS
     UNDER THE EMERGENCY  PLANNING  AND
 COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)
The following sections provide a summary of the principal regulations developed pursuant to
EPCRA that may apply to the food processing industry. The regulations included are:

   •  40 CFR 355 - Emergency Planning and Notification

   •  40 CFR 370 - Hazardous Chemical Reporting: Community Right-to-Know

   •  40 CFR 372 - Toxic Chemical Release Reporting, Community Right-to-Know


                         40 CFR 355

        Emergency  Planning and Notification

                    Emergency Planning, 40 CFR 355.30
              Requirements
 Facilities subject to emergency planning requirements
 must notify the local emergency planning committee and
 State emergency response commission. They must
 designate an emergency planning coordinator and provide
 information to the local emergency planning committee.
   40 CFR 355.30(b) notification that the facility is subject
   to the planning requirements is due May 17, 1987 or
   within 60 days of becoming subject to the planning
   requirements

   40 CFR 355.30(c) facility emergency coordinator
   designated due September 17, 1987 or 30 days after a
   local emergency planning committee is established

   40 CFR 355.30(d) information for planning must be
   provided "promptly" upon request; notice of any
   relevant changes must also be provided.
       The facility has onsite an extremely
       hazardous substance equal to or greater
       than its threshold planning quantity. (The
       list of extremely hazardous substances and
       threshold planning quantities (TPQs) is in
       40 CFR 355, Appendices A and B. Section
       355.30(e)  tells you how to calculate TPQs
       for solids and mixtures.)
Appendix A.4
Summary of Principal
Regulations Under EPCRA
A4-I
March 1999

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                   Emergency Release Notification, 40 CFR 355.40
               Requirements
             Regulatory Threshold
 A facility must immediately notify the local
 community emergency coordinator (or emergency
 response personnel) of any area likely to be
 affected, and State emergency response
 commission of any State likely to be affected by a
 release. Notice must include chemical name or
 identity of any substance released, indication of
 whether it is an extremely hazardous substance,
 estimate of quantity released, estimate of time and
 duration of release, media into which release
 occurred, known or expected acute or chronic
 health risks including medical advice for exposed
 individuals, precautions to be taken, contact/phone
 numbers for further information. For transportation-
 related releases, this information can be provided
 to the 911 operator.

 A written follow up emergency notice must be
 provided to update the information about the
 release, and actions taken (not required for
 transportation-related releases).
   The facility produces, uses, or stores a hazardous
   chemical and there is a release of a reportable
   quantity of any extremely hazardous substance or
   CERCLA hazardous substance.
   (Extremely hazardous substances and reportable
   quantities are in 40 CFR 355, Appendices A and
   B.  CERCLA hazardous substances are in 40 CFR
   302, Table 302.4.)
                              40  CFR 370

    Hazardous  Chemical Reporting:  Community

                            Right-to-Know

General Applicability:

Any facility that is required to prepare or have available an MSDS for a hazardous chemical
under OSHA (1970).

Reporting Reojjirements, 40 CFR 370.20

40 CFR 370 applies to any facility that has present at any time hazardous chemicals in an
amount greater than or equal to 10,000 Ibs or extremely hazardous substances in an amount
greater than or equal to 500 pounds, or the Threshold Planning Quantity (TPQ), whichever is
less. Such facilities must submit Tier I forms by March 1, 1991 and annually thereafter. If
requested, they must also submit Tier II forms.
Appendix A.4
Summary of Principal
Regulations Under EPCRA
A4-2
March 1999

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MSDS Reporting,  40 CFR 370.2 I

Subject facilities must submit to the local emergency planning committee (LEPC), state
emergency response commission (SERC) and the local fire department (1) MSDSsforthe
facility for hazardous chemicals as required in 40 CFR 370.20; or (2) similar information
including a list of hazardous chemicals by hazard category, the chemical or common name and
components.

Reporting Upon Request, 40 CFR 370.2 I  (d)

An MSDS must be provided within 30 days of receipt of the request by the LEPC.

Supplemental Reporting,  40  CFR 370.2 I (c)

An MSDS must be provided within 3 months of: (1) discovering new information on a chemical,
(2) being required to have an MSDS for a chemical, or (3) the chemical being present above
threshold.

Inventory Reporting, 40 CFR 370.25

The owner or operator must provide an inventory form to the emergency planning commission,
the committee and the fire department with jurisdiction over the facility. It should contain Tier I
information on hazardous chemicals present at the facility during the preceding calendar year
above the threshold levels in 40 CFR 370.20(b).  It must be submitted on or before March 1 each
year.  Tier II information may be submitted as an alternative per 40 CFR 370.25(b).

Submission of Tier II  Information, 40 CFR 370.25(c)

Upon request by the committee, the facility must submit Tier II information.


Fire Department Inspection,  40  CFR 370.25(d)

The facility must allow the fire department to conduct inspections and must provide specific
information on locations of chemicals upon request.


Mixtures, 40 CFR  370.28

The facility must report on mixtures and quantify its mixtures using procedures in 40 CFR
370.28.
Appendix A.4
Summary of Principal
Regulations Under EPCRA                  A4-3                           March 1999

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Public Access  and Availability of Information (Subpart C), 40
CFR 370.30

The committee must provide any person with MSDS or Tier II information for a specific facility,
except that upon request by the facility owner or operator, the commission or committee can
withhold information on the locations of chemicals identified on Tier II forms.

Tier I and Tier II Inventory Forms (Subpart  D), 40 CFR
370.40

Subpart D contains the Tier I and Tier II forms that are used to report information on hazardous
and extremely hazardous chemicals at the facility. (Some states have their own forms.)

                             40 CFR  372

 Toxic  Chemical  Release  Reporting,  Community

                           Right-to-Know

                        General Provisions - Subpart A
                        Recordkeeping, 40 CFR 372.10
              Applicability
 Facilities must retain copies of reports, supporting
 documentation, data to show how reportable
 quantities were determined, data to calculate the
 quantity of a release, documentation of offsite
 transfer or relesase of toxic chemicals, manifests
 or records for offsite transfer for a period of 3 years
 after each report is made. The reports must be
 available for inspection by EPA.

 Date of applicability: January 1, 1987

 Threshold in 40 CFR 372.25(a) applies to
 chemicals manufacturered, imported or processed
 at a facility. Since the 1989, the threshold is
 25,000 Ib/yr. Note: thresholds apply to individual
 chemicals over threshold levels, or to the
 combined totals of more than one chemical if the
 combined amount exceeds a threshold. Details
 are presented in 40 CFR 372.25(b)-(h).
   All facilities where releases have been reported or
   where chemicals are manufactured, imported or
   processed at or above TPQs.
Appendix A.4
Summary of Principal
Regulations Under EPCRA
A4-4
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                          Reporting Requirements, Subpart B
                 Requirements
                  Affected Facility
 This section of the regulations sets forth
 requirements for the submission of information
 relating to the release of toxic chemicals under
 Section 313 of EPCRA yearly on July 1.

 Date of applicability: January 16, 1988.
   40 CFR 372.22 specifies types of facilities that are
   subject to the Form R reporting requirements:
   a) facilities with more than 10 full-time employees,
   b) facilities in SIC codes 20-39 (as of January 1,
   1987).  Criteria for the determination of SIC codes
   are further explained in 40 CFR 372.22(b), and
   c) facilities that process, manufacture, or use a
   toxic chemical in excess of the threshold quantity
   set forth for the chemical in 40 CFR 372.30.

   Exemptions to the reporting of releases of toxic
   chemicals are detailed in 40 CFR 372.28 (e.g., cfe
   minimis concentrations, toxic chemicals contained
   inarticles, structural components, nonroutine
   janitorial uses, personal use by employees or for
   motor vehicles, chemicals in process water or
   noncontact cooling water, and  laboratory
   activities).  Owners  of industrial parks or similar
   real estate owners are also exempt since the
   operators of the facilities would hold this
   responsibility.
        Reporting Requirements and Schedule for Reporting, 40 CFR 372.30
                  Applicability
 EPA Form 9350-1 is to be used to report
 chemicals above thresholds for manufactured,
 imported, processed, used or combined into a
 mixture or trade name product. Details on
 characterizing mixtures and trade name products
 are given in 40 CFR 372.30(b).

 40 CFR 372.30(d) Reports are due annually on
 July 1 beginning in 1987. Additional specific data
 requirements for the years 1987, 1988, and 1989
 are prodded in 40 CFR 372.30(e).

 Chemicals above threshold planning quantities.
   A regulated facility may consist of more than
   establishment (defined as economic unit) and
   separate forms may be used for each
   establishment as long as reporting is
   accomplished for the entire facility.
Appendix A.4
Summary of Principal
Regulations Under EPCRA
A4-5
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                    Supplier Notification Requirement - Subpart C
                 Applicability
 Facilities must notify the person to whom toxic
 chemicals, mixtures or trade name products
 containing toxic chemicals are sold.  The
 notification must be in writing and include specific
 information per 40 CFR 372.45(b) (product trade
 name, a statement thtat the product contains a
 SARA Title III constituent, the CASE number of the
 chemical, and the % by weight of the toxic
 chemical).

 Notification must be with the first shipment of the
 product in each calendar year.  If the product is
 renamed or changed, the notification must be
 initiated over again.
   Owners and operators of facilities classified as SIC
   code 20-39 who manufacture, import or process
   toxic chemicals, and who sell or otherwise
   distribute a mixture or trade name product
   containing a toxic chemical to a facility who uses
   of sells the product or mixture.  If an MSDS is
   required in accordance with 29 CFR 1919.1200,
   the notification must  be attached or incorporated
   into the MSDS.

   Exceptions include mixtures or trade name
   chemicals with cfe minimis amounts (see 40 CFR
   372.45(d) for others). However, if the chemical is
   considered proprietary (trade secret) under 29 CFR
   1910.1200, the notification can be written with only
   generic language.
                     Specific Toxic Chemical Listings - Subpart D
        Chemicals and Chemical Categories to which 40 CFR 372.65 Applies
                 Applicability
 A table with alphabetical listing of categories and
 chemicals, including CAS numbers and effective
 date for each chemical is provided.

 Date of applicability: January 1, 1987
   All facilities must characterize their chemicals.
                          Forms and Instructions - Subpart E
      Toxic Chemical Release Reporting Form and Instruction - 40 CFR 372.85
                 Applicability
 See Reporting Requirements - Subpart B.
   See Reporting Requirements and Schedule for
   Reporting, 40 CFR 372.30.
Appendix A.4
Summary of Principal
Regulations Under EPCRA
A4-6
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                      APPENDIX A.5
     SUMMARY OF PRINCIPAL REGULATIONS
             UNDER  THE COMPREHENSIVE
  ENVIRONMENTAL  RESPONSE, LIABILITY, AND
          COMPENSATION ACT (CERCLA)
The following sections provide a summary of the principal regulations developed pursuant to
CERCLA that may apply to the food processing industry. The regulations included are:
   •  40 CFR 302 - Designation, Reportable Quantities, and Notification

                        40CFR302
      Designation,  Reportable Quantities,  and
                         Notification
              Designation of Hazardous Substances, 40 CFR 302.4
           Requirements
 Under Section 102(a) of CERCLA, these
 regulations identify reportable quantities of
 hazardous substances and set forth reporting
 requirements of releases.

 Listed hazardous substances are in 40 CFR
 302, Table 302.4 and are designated as
 "hazardous under Section 102 (a) of CERCLA."
 Also included are "unlisted" hazardous
 substances which are defined in 40 CFR
 302.4(b) as characteristics of hazardous waste.
The Table includes the reportable quantities of these
substances. Unlisted hazardous substances have
reportable quantity limit of 100 pounds (40 CFR
302.5), except for unlisted hazardous wastes that
exhibit extraction procedure (EP) toxicity as identified
in Part 261 which vary based on the reportable
quantity of the pollutant of concern and its lowest
value in Table 40 CFR 302.4. Appendix A of 40 CFR
302.4 contains a sequential Chemical Abstract
Service (CAS) number listing of chemicals and
Appendix B contains a listing of regulated
radionuclides.
Appendix A.S
Summary of Principal
Regulations Under CERCLA
A5-I
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                           Notification Requirements, 40 CFR 302.6
                Requirements
 Facilities which release reportable quantities
 established in 40 CFR 302, Table 302.4 must
 immediately notify the National Response Center
 at (800) 424-8802 or in the Washington D.C.
 area at (202) 426-2675.

 40 CFR 302, Table 302.4 is used to determine
 whether the regulations apply to a specific
 facility based on chemicals that are released.
  Exposure to persons within a workplace is excluded.
  Reportable quantities range from 1 to 5,000 pounds.
  Release means any spill, leak, pumping, emitting,
  emptying, discharging, injecting, escaping, leaching,
  dumping, or disposing into the environment.  Specific
  requirements for various types of radionuclides,
  including those which are exempt from reporting to
  the National Response Center are given in 40 CFR
  302.6.
Appendix A.S
Summary of Principal
Regulations Under CERCLA
A5-2
March 1999

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                     APPENDIX A.6
     SUMMARY OF  PRINCIPAL  REGULATIONS
  UNDER THE  RESOURCE CONSERVATION  AND
                      RECOVERY ACT
The following sections provide summaries of the principal regulations developed pursuant to
RCRA that may apply to the food processing industry. The section includes:

   •• 40 CFR 261.5 and 262.34 - Generator Classifications and Requirements
   •• 40 CFR 262 - Hazardous Waste Generator Requirements
   •• 40 CFR 263 - Hazardous Waste Transporter Requirements
   •• 40 CFR 268 - Land Disposal Restrictions
   •• 40 CFR 280 - Underground Storage Tanks (LIST)

              40CFR26I.5 and 262.34

    Generator Classifications  and Requirements

           Conditionally Exempt Small Quantity Generator (CESQG)
            Requirements
            Affected Facility
   Make hazardous waste determination under 40
   CFR 262.11

   Waste must be managed and disposed in a
   hazardous waste facility, or a landfill or other
   facility approved by the State for industrial or
   municipal wastes

   Must comply with 40 CFR 261.5(g) to be
   excluded from requirements under 40 CFR 262
   through 266, 268, and 270.
    Generate 100 kg/month (220 Ibs/month) or less
    of hazardous waste, or

    Generate 1 kg/month (2.2 Ibs/month) or less of
    acute hazardous waste, or

    Accumulate up to 1,000 kg (2,200 Ibs) of
    hazardous waste onsite at any time
Appendix A.6
Summary of Principal
Regulations Under RCRA
A6-I
March 1999

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                               40CFR262
     Hazardous Waste  Generator  Requirements
                          Small Quantity Generator (SQG)
               Requirements
                Affected Facility
    Subject to regulation under 40 CFR 262 through
    266, 268, and 270.

    Special requirements under 40 CFR 265.201 for
    accumulating hazardous waste in tanks.

    May not accumulate more than 6,000 kg of
    hazardous waste at any time.

    May not accumulate hazardous waste onsite
    for longer than 180 days (270 days if waste
    must be transported over 200 miles to
    hazardous waste facility), otherwise hazardous
    waste storage permit required.
     Generate more than 100 kg/month (220
     Ibs/month) of hazardous waste, but less than
     1,000 kg/month (2,200 Ibs/month) of hazardous
     waste, or

     Accumulate more than 1,000 kg (2,200 Ibs),
     but less than 6,000 kg of hazardous waste at
     any time
                          Large Quantity Generator (LQG)
               Requirements
                Affected Facility
    Subject to regulation under 40 CFR 262 through
    266, 268, and 270.

    May not store hazardous waste onsite for more
    than 90 days, otherwise hazardous waste
    storage permit required.
     Generate 1,000 kg/month (2,200 Ibs/month) or
     more of hazardous waste, or

     Generate 1 kg/month (2.2 Ibs/month) or more of
     acutely hazardous waste, or

     Generate 100 kg/month (220 Ibs/month) or
     more of spill cleanup debris containing an
     acutely hazardous waste, or

     Accumulate 1 kg (2.2 Ibs) or more of acutely
     hazardous waste at any time
Appendix A.6
Summary of Principal
Regulations Under RCRA
A6-2
March 1999

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                  40 CFR 262 - HAZARDOUS WASTE GENERATOR REQUIREMENTS
     Requirements
             Description
    Affected Facility
 EPA ID Number 40
 CFR 262.12
 Subpart B - Manifest
 Requirements 40 CFR
 262.20-260.33

 Subpart C -
 Pre-transport
 Requirements 40 CFR
 262.30-262.34
 Subpart D -
 Recordkeeping and
 Reporting 40 CFR
 262.40-262.44
Cannot treat, store dispose of, or transport
hazardous waste without EPA ID Number
Cannot offer hazardous waste to transporter
or to treatment, storage, or disposal facilities
that do not have an EPA ID Number

Must complete and sign EPA form 8700-22
or 8700-22A for each shipment of hazardous
waste

Must label and package hazardous waste in
accordance with DOT regulations (49 CFR
Parts 172, 173, 178, 179) prior to transport
                          Accumulation in units that comply with
                          Subpart I of 40 CFR 265 (containers), or
                          Subpart J of 40 CFR 265 (tanks)
Accumulation in units that comply with air
emission standards identified in 40 CFR 265
Subparts AA (process vents), BB
(equipment leaks) and CC (tanks, surface
impoundments and containers) and with
Subpart DD (containment buildings)

Must develop and maintain a contingency
plan for storing wastes onsite

Maintain copies of manifest for three years

Must prepare and submit Biennial Report

Must file exception report if manifests not
received by designated facility within 35
days (LQG) or 60 days (SQG)
LQG or SQG that
transports, or offers for
transportation,  hazardous
waste for offsite treatment,
storage or disposal
SQGs allowed up to 180
(or 270) days for
accumulating hazardous
waste without a storage
permit

May accumulate wastes
up to 90 days without
storage permit
SQG exempt from biennial
reporting requirements
Appendix A.6
Summary of Principal
Regulations Under RCRA
                 A6-3
              March  1999

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                40 CFR 262 - HAZARDOUS WASTE GENERATOR REQUIREMENTS
     Requirements
             Description
   Affected Facility
 Subpart E - Exports of
 Hazardous Waste 40
 CFR 262.50-262.57
 Subpart F - Imports of
 Hazardous Waste 40
 CFR 262.60
•  Notify EPA 60 days before shipment

•  Must confirm waste receipts or file an
  exception report

•  Must file a Summary Report of Foreign
  Activity on March 1 of each year

•  Must prepare manifest that identifies foreign
  generator and importer

•• Must comply with all other generator
  standards in 40 CFR 262
                              40  CFR  263
    Hazardous  Waste  Transporter  Requirements
               40 CFR 263 - HAZARDOUS WASTE TRANSPORTER REQUIREMENTS
     Requirements
             Description
 EPA ID Number 40
 CFR 263.11
 Transfer Facility
 Requirements 40 CFR
 263.12
 Manifest and
 Recordkeeping
 Requirements 40 CFR
 263.20

 Hazardous Waste
 Discharges 40 CFR
 263.30
  Must obtain an EPA ID Number in order to
  transport hazardous waste
  May store manifested shipments for ten
  days or less, otherwise subject to
  hazardous waste storage requirements
  under 40 CFR 264, 265, 268, and 270

  Cannot receive a waste shipment unless
  accompanied by a hazardous waste
  manifest
  Take appropriate action

  Notify proper authorities
Persons who transport
hazardous waste within the
U.S. if manifest is required
under 40 CFR Part 262.
Appendix A.6
Summary of Principal
Regulations Under RCRA
                 A6-4
             March 1999

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                                40CFR268
   Land  Disposal  Restrictions - Certification  and
                                Notification
                 40 CFR 268 - GENERATOR - CERTIFICATION AND NOTIFICATION
     Requirements
            Description1
   Affected Facility
 Waste Analysis and
 Recordkeeping for
 Generators 40 CFR
 268.7(a)
Must determine if waste is restricted from land
disposal

If waste does not meet treatment standards in
40 CFR 268 Subpart D, must provide a one-
time notification to treatment or storage facility
receiving waste

If waste meets treatment standards in 40 CFR
268 Subpart D, must submit a one-time
notification and certification to treatment,
storage, or disposal facility receiving the waste

If accumulating and treating  restricted wastes
onsite, must develop waste analysis plan and
keep in files onsite

Maintain  copies of records, certifications, and
notices for three years. Records may be
maintained electronically
LQGs and SQGs
   EPA recently amended the LDR regulations. For more information, see the Federal Register Vol. 62 No. 91; May 12, 1997.
                 40 CFR 280 - UNDERGROUND STORAGE TANK REQUIREMENTS
      Requirements
               Description
    Affected Facility
 Design, Construction,
 Installation, and
 Notification (Subpart B)
   New USTs (installed after December 1988)
   must meet performance standards detailed in
   40 CFR 280.20

   All existing UST systems (installed before
   December 1988) must be upgraded to meet
   standards detailed in 40 CFR 280.21 by
   December 1998

   Notify State and/or local agencies upon the
   Installation and use of new UST systems (40
   CFR 280.22)
 All owners and
 operators of
 underground storage
 tank systems as
 defined in 40 CFR
 280.12 (See Section
 280.10(b-d) for
 exceptions)
Appendix A.6
Summary of Principal
Regulations Under RCRA
                A6-5
            March 1999

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                   40 CFR 280 - UNDERGROUND STORAGE TANK REQUIREMENTS
       Requirements
                Description
  Affected Facility
 General Operating
 Requirements (Subpart C)
   Must ensure the prevention of releases
   through spill and overfill control, proper
   corrosion protection, use of compatible
   materials, and proper and appropriate repairs
   to the LIST system

   Reporting requirements include notification,
   reports of all releases (suspected and
   confirmed), corrective action,  and permanent
   changes in service or closure.

   Recordkeeping requirements include
   documentation of corrosion controls, LIST
   system repairs, release detection compliance
 Release Detection
 (Subpart D)
   Must provide a method or combination of
   methods to detect leaks and releases from
   the LIST system

   Must comply with release detection
   requirements according to the schedule set
   forth in 40 CFR 280.40(c)

   Petroleum USTs must comply with release
   detection requirements under 40 CFR 280.41

   Hazardous substance USTs must comply
   with release detection requirements under 40
   CFR 280.42

   Must maintain  records demonstrating
   compliance with release detection
   requirements
 Release Reporting,
 Investigation, and
 Confirmation (Subpart E)
   Must report any suspected releases within 24
   hours or another reasonable time period
   specified by implementing agency

   Must investigate and confirm any suspected
   releases

   Must contain and cleanup any release, and
   report to implementing agency
 Release Response and
 Corrective Action for LIST
 Systems Containing
 Petroleum or Hazardous
 Substances (Subpart F)
In the event of a release:


••  Must notify implementing agency upon
   confirmation of a release, and take action as
   necessary
LIST systems that
manage petroleum or
hazardous
substances.
Appendix A.6
Summary of Principal
Regulations Under RCRA
                 A6-6
           March 1999

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                  40 CFR 280 - UNDERGROUND STORAGE TANK REQUIREMENTS
      Requirements
 Out-of-Service UST
 Systems and Closure
 (Subpart G)
             Description
Must notify within 30 days of permanent
closure

Must maintain records to demonstrate
compliance with closure requirements in
accordance with 40 CFR 280.34
 Financial Responsibility
 (Subpart H)
Must demonstrate financial responsibility for
taking corrective action and for compensating
third parties for bodily injury and property
damage caused by accidental releases
Appendix A.6
Summary of Principal
Regulations Under RCRA
              A6-7
March 1999

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                APPENDIX AJ
   PROPOSED AND PENDING REGULATIONS
CWA
Pending SPCC Proposals
October 22, 1991 (56 FR 45612)
February 17, 1993 (58 FR 8824)
December 2, 1 997 (62 FR 6381 1 )
CAA: MACTs Affecting SIC Code 20 Facilities:
MACTs affecting the SIC Code 20 facilities include:
Aerosol Can-Filling Facilities, Baker's Yeast
Manufacturing, Cellulose Food Casing Manufacturing,
and Vegetable Oil Production
CEPPO's the use of NAICS codes: Accidental Release
Prevention Requirements: Rick Management
Programs Under Clean Air Act Section 112 (r)(7)
Amendments.
November 15, 2000
Proposed rule: 63 FR 19216, April
17, 1998. Final rule anticipated
October 1 998.
SDWA
Interim Enhanced Surface Water Treatment Rule and
Stage 1 Disinfection Byproduct Rule
State II Disinfection Byproducts Rule
Filter Backwash Recycling Rule
Groundwater Disinfection Rule: Issue regulations
requiring disinfection for all public water systems,
including surface water systems and "as necessary"
groundwater systems, and promulgate criteria for
determining whether to require in groundwater systems.
Long Term 1 Enhanced Surface Water Treatment Rule
(LTESWTR)
November 1998 - Propose Rule
November 1999 - Final Rule
November 2001 -Implementation
May 2002 - Propose Rule
May 2002 - Final Rule
After August 1999
By May 2002
November 2000 - Final Rule
Appendix A. 7
Proposed and Pending Regulations
A7-I
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               APPENDIX  B.  RESOURCES


Introduction

This section presents lists of federal and state contacts that you can call or access via the
Internet if you are seeking additional information on a particular issue or regulation. A quick
reference list of EPA hotlines and Internet addresses is presented below, followed by contacts
for the following:

        Clean Water Act (CWA)
        Safe  Drinking Water Act (SDWA)
        Clean Air Act (CAA)
        Emergency Planning and Community Right-To-Know-Act (EPCRA)
        Resource Conservation and Recovery Act (RCRA)
        Toxic Substances Control Act (TSCA)
        Business policies and contacts
        EPA, state and local references and contacts.


Quick  Reference  List
Hotlines
National Response Center Hotline
CWA
SDWA
CAA
Storm Water Hotline (NPDES Program)
National Small Flows Clearinghouse
Wetlands Information Hotline
National Small Flows Clearinghouse
Water Quality Information Center
Safe Drinking Water Hotline
National Drinking Water Clearinghouse
Stratospheric Ozone Information Hotline
Air RISC Information Support Center Hotline
Asbestos Ombudsman Clearinghouse/Hotline
Control Technology Center
Indoor Air Quality Information Clearinghouse
(800) 424-8802
(800)245-6510
(800) 624-8301
(800) 832-7828
(800) 624-8301
(301)504-6077
(800) 426-4791
(800) 624-8301
(800)296-1996
(919)541-0888
(800) 368-5888
(919)541-0800
(800) 438-431 8 or
(202)484-1307
Appendix B
Resources
B-l
March 1999

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Hotlines

EPCRA
RCRA
TSCA
Small
Business
RCRA/UST, Superfund, and EPCRA Hotline
(Provides information on the Risk Management
Program under the CAA.)
RCRA/UST, Superfund and EPCRA Hotline
[Also CAA Section 1 12(r) - RMP]
RCRA/UST, Superfund and EPCRA Hotline
[Also CAA Section 1 12(r) - RMP]
Hazardous Waste Ombudsman
TSCA Assistance Information Service
EPAs Small Business Ombudsman
Clearinghouse/Hotline
(800) 424-9346 or
(703)412-9810
(800) 424-9346 or
(703)412-9810
(800) 424-9346 or
(703)412-9810
(800) 262-7937 or
(202) 260-9361
(202)554-1404
(800) 368-5888 or
(703) 305-6462
EPA Internet Sites
     EPAs Home Page
     EPA Public Information Center
     EPAs Pollution Prevention Information
     Clearinghouse
     Pollution Prevention Home Page
     EPAs Enviro$en$e
     Emergency Response
     Toxic Release Inventory
     ECPRA laws
     Electronic Tools
     EPAs Oil Program Home Page
                         http://www.epa.gov
                 http://www.epa.gov/PIC.html

    http://www.epa.gov/opptintr/library/libppic.htm
           http://www.epa.gov/opptintr/p2home
              http://www.epa.gov/envirosense
                   http://www.epa.gov/ERNS
                http://www.epa.gov/opptintr/tri
        http://www.epa.gov/swercepp/rules.html
        http://www.epa.gov/swercepp/tools.html
                   http://www.epa.gov/oilspill
Appendix B
Resources
B-2
March 1999

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EPA  Information  Centers

     EPA Main Library
     401 M Street, SW., Room 2904
     Washington, DC 20460
     Phone: (202) 260-5921
     Fax: (202) 260-6257
     E-mail: Library-HQ@epamail.epa.gov

     The EPA's Main Library maintains environmental reference materials for EPA staff and the
     general public, including books, journals, abstracts, newsletters, and audio-visual materials
     generated by government agencies and the private sector.  This library also provides
     access to online computer service bulletin boards and CD-ROM systems.

     EPA Public Information Center
     401 M Street, SW Mail Code 3404
     Washington, DC 20460
     (202) 260-5922
     Fax: (202) 260-6251
     E-mail: public-access@epamail.epa.gov
     Internet Address: http://www.epa.gov/PIC.html

     The Public Information Center (PIC) is a primary point of contact between EPA and the
     public. PIC refers calls and letters to the appropriate sources for technical information, and
     distributes a variety of general-interest items. The PIC is also a visitor center featuring
     environmental videos, photographic displays, CD-ROMs, and databases. Interested
     groups are encouraged  to tour the facility as an introduction to the Agency as well as to
     learn about the environment. PIC's audience includes the general public; international
     visitors; students and educators; EPA and other government staff; and business, civic, and
     environmental groups.

     EPA's Pollution Prevention Information Clearinghouse
     401 M Street, SW Mail Code 7407
     Washington, DC 20460
     Phone: (202)260-1023
     Fax: (202) 260-4659
     E-mail: ppic@epamail.epa.gov
     Internet address: http://www.epa.gov/opptintr/library/libppic.htm

     The Pollution Prevention Information Clearinghouse (PPIC) is a free, nonregulatory service
     of the U.S. EPA. PPIC is dedicated to reducing or eliminating industrial pollutants through
     technology transfer, education, and public  awareness. A Reference and Referral
     Telephone Service is available to answer questions, take orders for documents distributed
     by PPIC, or refer callers to appropriate  contacts. The Clearinghouse distributes selected
     EPA documents, pamphlets, information packets, and fact sheets on pollution prevention
     free of charge.
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     EPA's Enviro$en$e
     http://www.epa.gov/envirosense

     EPA's Enviro$en$e, part of EPA's website, provides a single repository for pollution
     prevention, compliance assurance, and enforcement information, and databases from web
     sites inside and outside the EPA.  Enviro$en$e houses the web site for EPA's Office
     Enforcement and Compliance Assurance (OECA). It offers extensive case study
     collections, research funding information, abstracts of research projects conducted
     through the National Center for Environmental Research and Quality Assurance
     (NCERQA), industry and process-specific fact sheets, economic and cost/benefit
     information, audit and guidance materials, materials exchange, and announcements from
     the National Enforcement Training Institute (NETI).
Clean  Water  Act
     EPA's Water Resource Center
     401 M Street, SW Mail Code: RC4100
     Washington, DC 20460
     Telephone: (202) 260-7786
     Fax: (202) 260-0386
     E-mail: waterpubs@epamail.epa.gov

     The Water Resource Center (WRC) distributes documents and other materials produced
     by the Office of Ground Water and Drinking Water, the Office of Science and Technology,
     and the Office of Wastewater Management, and provides limited research assistance to
     locate materials from these offices.

     EPA's Oil Spill Program
     To access the EPA's Oil Spill Program Information Line, call the RCRA/UST, Superfund
     and EPCRA Hotline at:
          (800) 424-9346 or (703) 412-9810
          (800J-535-7672 TDD line for the hearing-impaired
          (703) 412-3323 TDD in DC area
     Fax: (703) 603-9234
     To report an oil or hazardous substance release, call the National Response Center at
     (800) 424-8802.
     Internet address: http://www.epa.gov/oilspill

     EPA's Oil Spill Program is designed to prevent oil spills, as well as prepare for and
     respond to any oil spill affecting the inland waters of the U.S.  The program is administered
     by EPA Headquarters and the 10 EPA Regions. For more information, access the web
     address listed above.
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     Storm Water Hotline (Region 6 Multi-Sector General Permit (MSGP) Hotline)
     Telephone: (800) 245-6510

     The Region 6 Multi-Sector General Permit Hotline serves as a clearinghouse for
     information concerning U.S. EPA Storm Water General Permits. Information specialists
     are available to answer technical questions concerning permit eligibility, specific permit
     requirements, and more.  In addition, callers may order many storm water-related
     documents and guidance manuals.

     Wetlands Information Hotline
     Telephone: (800) 832-7828

     This hotline, working in connection with EPA's Wetlands Preservation Division, responds
     to requests for information regarding the values and functions of wetlands and options for
     their protection.

     National Small Flows Clearinghouse
     West Virginia University
     P.O. Box6064
     Morgantown, WV 26506
     Telephone: (800) 624-8301
     This hotline provides information and technical assistance to help small communities
     reach practical, affordable solutions with their wastewater treatment problems.

     Water Quality Information Center
     Telephone: (301) 504-6077

     A government clearinghouse for information on water quality and agriculture.

     Water Environment Federation
     601 Wythe Street
     Alexandria, VA 22314-1994
     Telephone: (800) 666-0206 or (703) 684-2452
     Fax: (703) 684-2492

     The Water Environment Federation (WEF) is an international not-for-profit educational and
     technical organization  of over 40,000 water experts.  WEF has guided technological
     developments in water quality and provides its  members and the public with the latest
     information on wastewater treatment and water quality protection.
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Safe  Drinking Water  Act

     Safe Drinking Water Hotline
     401 M Street, SW Mail Code 4604
     Washington, DC 20460
     Telephone: (800) 426-4791
     Fax: (703)285-1101
     E-mail: hotline-sdwa@epamail.epa.gov

     This SDWA hotline provides information about EPA's drinking water regulations and other
     related drinking water and ground water topics to the regulated community, State and local
     officials, and the public. Specifically, the Hotline clarifies drinking water regulations,
     provides appropriate 40 CFR and Federal Register citations, explains EPA-provided
     policies and guidelines and gives update information on the status of regulations. The
     Hotline can also provide State and local contacts. The Hotline can take orders for EPA
     drinking water publications or (if the publication is not available from the Office of Water)
     refer callers to the appropriate ordering organization.

     National Drinking Water Clearinghouse
     West Virginia University
     P.O. Box6064
     Morgantown, WV 26506
     Telephone: (800) 624-8301

     This clearinghouse provides free and low-cost technical assistance and information on
     small community drinking water systems.

     The American Water Works Association
     1401 New York Ave., N.W., Suite 640
     Washington, DC 20005
     Telephone: (202) 628-8303

     The American Water Works Association (AWWA) is an international nonprofit scientific
     and educational society dedicated to the improvement of drinking water quality and supply.
     Its more than 50,000 members represent the full spectrum of the drinking water
     community: treatment plant operators and managers, scientists, environmentalists,
     manufacturers, academicians, regulators, and others who hold genuine interest in water
     supply and public health. Membership includes more than 3,700 utilities that supply water
     to roughly 170 million people in North America.

     WaterWiser is the AWWAs clearinghouse on water efficiency information.
     6666 West Quincy Avenue
     Denver, CO 80235
     Telephone: (800) 559-9855
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Clean Air  Act

     Stratospheric Ozone Information Hotline
     Telephone: (800) 296-1996
     Fax: (202) 775-6681

     The Stratospheric Ozone Information Hotline provides in-depth information on ozone
     protection regulations and requirements under Title VI of the Clean Air Act Amendments of
     1990. Information on the transition to non-ozone-depleting chemicals in various use
     sectors, as well as retrofitting equipment and refrigerant management is also available.  In
     addition, the Hotline serves as a distribution center and point of referral for an array of
     information pertaining to other general aspects of stratospheric ozone depletion and its
     protection. The Hotline maintains a library of relevant policy and science documents,
     reports, articles, and contact lists.

     Asbestos Ombudsman Clearinghouse/Hotline
     Telephone: (800) 368-5888 or (703)305-5938
     Fax: (703) 305-6462

     The Asbestos Ombudsman Clearinghouse/Hotline responds to requests for information
     relating to the handling and abatement of asbestos in schools, the workplace, and the
     home.  The information is available to the public, including individual citizens and those
     involved in community services. In addition, the hotline offers assistance to small
     businesses in complying with EPA regulations.

     Control Technology Center
     Telephone: (919)541-0800

     The CTC offers technical support and  guidance concerning air pollution emissions
     pollution prevention, and control technology for all air pollutants, including air toxins emitted
     by stationary sources.

     Indoor Air Quality Information Clearinghouse
     P.O. Box37133
     Washington,  DC 20013-7133
     Telephone: (800) 438-4318, (202) 484-1307
     Fax: (202)484-1510
     E-mail: iaqinfo@aol.com
     Internet address:  http://www.epa.gov/iedwebOO/iaqinfo.html

     The Indoor Air Quality Information Clearinghouse (IAQ INFO) provides access to public
     information on indoor environments through a range of services including: an
     operator-assisted hotline; distribution of relevant EPA publications at no charge; literature
     searches on a topic for further reference; referrals to appropriate government agencies,
     research, public interest, and industry representatives; and information about training
     courses and materials. IAQ INFO responds to inquiries from the general public, state and
     local government officials, service providers, educators, and health professionals. IAQ
     INFO provides information on many aspects of indoor air quality including pollutants such
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     as carbon monoxide, radon, and biological contaminants; problem prevention approaches;
     testing, measurement and mitigation; and legislation, guidelines, and voluntary programs.

     Air RISC Information Support Center Hotline
     Office of Air Quality Planning and Standards, MD-15
     Research Triangle Park, NC 27711
     Telephone: (919) 541-0888, 541-5741
     Fax:  (919) 541-0824, 541-2045
     Internet address: http://www.epa.gov/oar/oaq_ttn.html

     The Air RISC provides technical assistance and information in areas of health, risk, and
     exposure assessment for toxic and criteria air pollutants. Services include the hotline for
     direct access to EPA experts; detailed technical assistance for more in-depth evaluations
     or information; and general technical guidance in the form of documents, reports and
     training materials related to health, risk and exposure assessment. Air RISC can also be
     accessed through the OAQPS Technology Transfer Network (TTN).

     RCRA/UST, Superfund and EPCRA Hotline

     This  hotline provides information on the Risk Management Program under the Clean Air
     Act (CAA) Section  112(r).  See telephone numbers and an additional description of this
     hotline in the next item below.


Emergency Planning and Community  Right-To-

Know Act

     RCRA/UST, Superfund and EPCRA Hotline
     Telephone:     (800) 424-9346 or (703) 412-9810
                  (800)-535-7672 TDD line for the hearing-impaired
                  (703) 412-3323 TDD in DC area
     Fax:           (703) 603-9234

     This  hotline provides information about the regulations and programs implemented under
     the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental
     Response Compensation and Liability Act (CERCLA or Superfund), the Emergency
     Planning, Community Right-to-Know Act (EPCRA)/ Superfund Amendments
     Reauthorization Act (SARA Title III), and the Risk Management Program under the Clean
     Air Act (CAA) Section 112(r).  This hotline also provides referrals for documents related to
     these programs. Translation is available for Spanish-speaking callers.


Resource  Conservation and  Recovery Act

     RCRA/UST, Superfund and EPCRA Hotline
     Telephone: (800) 424-9346 or (703) 412-9810
              (800)-53 -7672 TDD line for the hearing-impaired
              (703) 412-3323 TDD in DC area

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     Fax: (703) 603-9234
     E-mail: RCRA-Docket@epamail.epa.gov
     Internet address: http://www.epa.gov/epaoswer/hotline/index.htm

     This hotline answers factual questions about EPA regulations and programs under RCRA,
     Superfund, and EPCRA, and responds to requests for relevant documents.  Specifically,
     the Hotline responds to inquiries about waste minimization programs required under
     RCRA, source reduction and hazardous waste combustion, Section 6607 of the Pollution
     Prevention Act of 1990, which expanded data collection under EPCRA 313, and other
     components of the waste management regulatory programs. This hotline also provides
     referrals for documents related to these programs. Translation is available for
     Spanish-speaking callers.

     Hazardous Waste Ombudsman
     Telephone: (800) 262-7937 or (202) 260-9361

     The Hazardous Waste Management Program, established under the Resource
     Conservation and Recovery Act (RCRA) assists the public and the regulatory community
     in resolving problems concerning any program or requirement under the Hazardous Waste
     Program. The ombudsman handles complaints from citizens and the regulatory
     community, conducts investigations, undertakes site reviews, issues reports, and serves
     as a national resource for the newly appointed ombudsman in the 10 EPA Regions. The
     ombudsman also provide information on the Risk Management Program under the Clean
     Air Act (CAA) Section 112 (r).


Toxic Substances Control Act

     Toxic Substances Control Act (TSCA) Assistance
     Telephone: (202) 554-1404
     Fax: (202) 554-5603
     Email: tscahotline@epamail.epa.gov

     The information service furnishes TSCA regulation information to the chemical industry,
     labor and trade organizations, environmental groups, and the general public. Technical as
     well as general information is available.


Business  Policies  and Contacts


Business Policies

     Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996

     This Act (Title II of Public Law 104-121) was signed into law by President Clinton on
     March 29, 1996 in order to accomplish several key objectives: (1) to encourage small
     businesses to participate more in the Federal regulatory process; (2) to require Federal
     agencies to become more responsive to small business inquiries relating to regulatory and


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     reporting requirements; (3) to promote greater cooperation between small businesses and
     government agencies through less punitive and more solution-oriented approaches to
     environmental compliance; and (4) to make federal agencies more accountable for
     excessive enforcement actions by permitting small businesses to go to court to be
     awarded attorney's fees and costs.

     For more information about the Small Business Regulatory Enforcement Fairness Act
     (SBREFA), access the following Internet address:
     http://www.sba.gov/regfair/overview.html/.

     Final Policy on Compliance Incentives for Small Businesses

     This policy implements Section 323  of the Small Business Regulatory Enforcement
     Fairness Act (SBREFA) of 1996. This Policy, effective June 10, 1996, is intended to
     promote environmental compliance  among small businesses by providing them with
     special incentives to participate in compliance assistance programs or to conduct
     environmental audits, and to help them promptly correct violations. The federal or state
     governments can waive all or a portion of a penalty when a violation is (1) identified through
     government-supported on-site compliance assistance or through an environmental audit,
     (2) disclosed, and (3) corrected.  Under this policy, a "small" business is defined as having
     100 or fewer employees across all facilities and operations owned by the entity. There is
     no limitation on the amount of pollutants produced by the small business.

     You can obtain more information on  this policy and how it may  apply to your business by
     reviewing the final policy in the Federal Register [61 FR 27984 (June 3, 1996)] or by
     accessing EPAs Enviro$en$e site at: http://es.inel.gov/oeca/smbusi.html/.

     Incentives for Self Policing: Discovery, Disclosure, Correction and Prevention of
     Violations Policy

     This policy mitigates or eliminates penalties for all entities, including small and large
     businesses, who voluntarily discover, disclose and correct violations of environmental
     regulations by conducting environmental audits or implementing systematic procedures
     reflecting the facility's due diligence.

     You can obtain additional information on this self-policing policy by reviewing the final policy
     in the Federal Register [60 FR 66706-66711 (December 22, 1995)] or by accessing EPAs
     Environ$en$e site at: http://es.inel.gov/oeca/ore/aed/comp/acomp/a26.html/.

     The 507 Small Business Enforcement Policy

     Section 507 of the  1990 Clean Air Amendments required the States to establish Small
     Business Stationary Source Technical and Environmental Compliance Assistance
     Programs. Because of State concerns that small businesses would not ask for
     compliance assistance if violations resulted in enforcement actions, the EPA issued the
     "Enforcement Response Policy for Treatment of Information Obtained Through Clean Air
     Act Section 507 Small Business Assistance Programs (August 12, 1994)." This policy
     was designed to encourage small businesses to seek compliance assistance from the
     States by offering two types of incentives.  The first incentive allows small businesses that
     receive compliance assistance up to 90 days, with the possibility of an additional 90 day

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     extension, to correct any violations discovered under the Small Business Assistance
     Program (SBAP). The second incentive offers compliance assistance on a confidential
     basis, as long as: a) the State can investigate and/or take enforcement action independent
     of the Section 507 program if violations are discovered; and b) confidential assistance can
     only be offered through SBAPs that operate independently of the state's regulatory
     enforcement program.

     You can obtain additional information on Section 507 by accessing EPAs Environ$en$e
     sites at: http://es.inel.gov/oeca/ccsmd/file3.html or
     http://es.inel.gov/oeca/ccsmd/file11 .html/.


Small Business  Hotlines and  Contacts

     EPA's Small Business Ombudsman Clearinghouse/Hotline
     401 M Street, SW Mail Code: 1230C
     Washington, DC  20460
     Telephone: (800) 368-5888 or (703) 305-5938
     Fax: (703) 305-6462

     The mission of the EPA Small Business Ombudsman Clearinghouse/Hotline is to provide
     information to private citizens, small communities, small business enterprises, and trade
     associations representing the small business sector regarding regulatory activities.
     Mailings are made to update the audience on recent regulatory actions. Special attention is
     directed to apprising the trade associations representing small business interests with
     current regulatory developments. Technical questions are answered following appropriate
     contacts with program office staff members. Questions addressed cover all media
     program aspects within EPA. Inquiries are received by mail, telephone, and fax.


State  Small Business Assistance  Programs  (SBAPs)
                                                    o         *          *"

     For a list of state resources for small businesses and links to other government
     information centers (such as the Small Business Administration), access the following
     Internet address: http://www.epa.gov/ttn/sbap/related.html/.  For more information available
     by phone and mail, contact the Small Business Ombudsman listed above.

     Additional information for small businesses can  be found at the following EPA internet
     address: http://www.epa.gov/epahome/smallbus.htm/.
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EPA,  State  and Local References and  Contacts

EPA Headquarters
Environmental Protection Agency
401 M St, SW
Washington, DC 20460
Telephone: (202) 260-2090

Regional  US  Environmental Protection Agency

Contacts
Region 1 (CT, MA, ME, NH, Rl, VT)
One Congress Street
John F. Kennedy Building
Boston, MA 02203-0001
Phone:(617)565-3420
Fax:(617)565-3660
Toll Free: (888) 372-7341
Website: http://www.epa.gov/region01/

Region 2 (NJ, NY, PR, VI)
290 Broadway, New York
NY 10007-1866
Phone: (212)637-3000
Fax:(212)637-3526
Website: http://www.epa.gov/region2/

Region 3 (DC, DE, MD, PA, VA, WV)
1650 Arch Street
Philadelphia, PA 19103-2029
Phone: (215)814-5000
Fax:(215)814-5103
Toll free: (800) 438-2474
Website: http://www.epa.gov/region03/
  Region 4 (AL, FL, GA, KY, MS, NC, SC, TN)
  Environmental Protection Agency
  Atlanta Federal Center
  61 Forsyth Street, SW
  Atlanta, GA 30303-3104
  Phone: (404) 562-9900
  Fax: (404) 562-8335
  Toll free: (800)241-1754
  Website:http://www.epa.gov/region4/
  reg4.htm I/

  Region 5 0L, IN, Ml, MN, OH, Wl)
  Environmental Protection Agency
  77 West Jackson Boulevard
  Chicago, IL 60604-3507
  Phone:(312)353-2000
  Fax: (312)353-1155
  Toll free: (800) 621-8431
  Website: http://www.epa.gov/region5/

  Region 6 (AR, LA, NM, OK, TX)
  Environmental Protection Agency
  Fountain Place 12th Floor, Suite 1200
  1445 Ross Avenue
  Dallas, TX 75202-2733
  Phone: (214)665-2200
  Fax:(214)665-2146
  Toll free: (800) 887-6063
  Website:http://www.epa.gov/earth1r6/index.ht
  m/
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Region 7 (IA, KS, MO, NE)
Environmental Protection Agency
726 Minnesota Avenue
Kansas City, KS66101
Phone: (913)551-7003
Fax:(913)551-7467
Toll free: (800) 223-0425
Website: http://www.epa.gov/rgytgmj/

Region 8 (CO, MT, ND, SD, UT, WY)
Environmental Protection Agency
999 18th Street Suite 500
Denver, CO 80202-2466
Phone:(303)312-6312
Fax:(303)312-7061
Toll free: (800)227-8917
Website: http://www.epa.gov/unix0008/
  Region 9 (AZ, CA, HI, NV)
  Environmental Protection Agency
  75 Hawthorne Street
  San Francisco, CA94105
  Phone: (415)744-1305
  Fax:(415)744-1070
  Website: http://www.epa.gov/region09/

  Region 10 (AK, ID, OR, WA)
  Environmental Protection Agency
  12006th Avenue
  Seattle,  WA 98101
  Phone: (206)553-1200
  Fax: (206) 553-6984
  Toll free: (800) 424-4372
  Website: http://www.epa.gov/r1 Dearth/
State  References

     "Sourcebook of State Laws & Regulations for Food Processors"
     National Food Processors Association
     1401 New York Avenue, NW
     Washington, DC 20005
     Phone: (202) 639-5954

     This report helps food companies understand the industry's political, legal, and regulatory
     environment in every state.  The report covers topics such as food labeling and standards,
     food packaging, food safety, food taxes, product liability, and school lunch programs. The
     report also helps the strategic planning of companies in the food industry to operate and
     site their plants most efficiently and help shape legislation affecting the food processing
     industry.


State  and Local Contacts

     Information on State environmental agencies is provided below. Links to all state
     environmental agencies can be accessed at the Environmental Professional's Homepage
     at http://www.clay.net/.

     State Air Pollution Agencies: State and Territorial Air Pollution Administrators (STAPPA)
     and Association of Local Air Pollution Control Officials (ALAPCO). This website contains
     links to state government agency home pages and other state government resources and
     can be accessed at http://www.4cleanair.org/.
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     State Emergency Response Commissions and Local Emergency Planning Committees.
     This website, which contains a listing of SERCs and LEPCs, can be accessed at
     http://www.epa.gov/swercepp/state.html/. A list of SERC and LEPC contacts is provided
     below.

State  Environmental Protection Agencies
Alabama
AL Conservation and Natural Resources
Department
PO Box 301501
Montgomery, AL 36130
Phone: (334) 240-9500
Fax: (334) 240-3380
Website: http://dcnr.state.al.us/

AL Department of Environmental
Management
1751 Cong.  W. L. Dickinson Drive
PO Box 301463
Montgomery, AL 36109-1463
Phone:(334)271-7700
Fax:(334)271-7950
Website: http://www.adem.state.al.us/

Alaska
AK Department of Environmental
Conservation
410 Willoughby Avenue, Suite 105
Juneau, AK 99801 -1795
Phone: (907) 465-5060
Fax: (907) 465-5070
TTY: (907) 465-5040
Website: http://www.state.ak.us/local
/akpages/env.conserv/home.htm/

Arizona
AZ Department of Environmental Quality
3033 N. Central Avenue
Phoenix, AZ 85012
Phone: (602) 207-4300
Toll Free: (800) 234-5677
TTY: (602) 207-4829
Website: http://www.adep.state.az.us/
  Arkansas
  AR Department of Pollution Control and Ecology
  8001 National Drive, PO Box 8913
  Little Rock, AR 72209
  Phone:(501)682-0744
  Fax:(501)682-0798
  Website: http://adeq.state.ar.us/

  California
  CA Environmental Protection Agency
  555 Capitol Mall, Suites 235 & 525
  Sacramento, CA 95814
  Phone: (916)445-3846
  Website: http://calepa.ca.gov/

  Colorado
  Department of Natural Resources
  1313 Sherman Street, Room 718
  Denver, CO 80203
  Phone: (303) 866-3311
  Fax:(303)866-2115

  CO Department of Public Health & Environment
  (CDPHE)
  4300 Cherry Creek Drive South
  Denver, CO 80222-1530
  Phone: (303) 692-2000
  Fax: (303) 782-0095
  TTY: (303) 691-0770
  Website: http://www.state.co.us/gov_dir
  /cdphe_dir/cdphe.hom.html/

  Connecticut
  CT Department of Environmental Protection
  79 Elm Street
  Hartford, CT 06106-5127
  Phone: (860) 424-3000
  Fax: (860) 424-4053
  Website: http://.dep.state.ct.us/
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Delaware
DE Department of Natural Resources and
Environmental Control
89 Kings Highway, PO Box 1401
Dover, DE 19903
Phone: (302) 739-5823
Fax: (302) 739-6242
Website: http://www.dnrec.state.de.us/

District of Columbia
DC Environmental Regulation
Administration
2100 Martin Luther King Avenue, SE
Suite 203
Washington, DC 20020
Phone: (202)645-6617
Fax:(202)645-6102

Florida
FL Department of Environmental Protection
3900 Commonwealth Boulevard
Tallahassee, FL 32399-3000
Phone:(850)488-1073
Fax:(850)921-6227
Website: http://www.dep.state.fl.us

Georgia
GA Department of Natural Resources
Environmental Division
205 Butler Street, SE, Suite 1152 East
Tower
Atlanta, GA 30334-1703
Phone: (404) 656-3500
Fax:(404)651-5778
Website: http://www.ganet.org/dnr/

Hawaii
HI Land and Natural Resources Department
Kalanimoku Building
151 Punchbowl Street, PO Box 621
Honolulu,  HI 96809
Phone: (808) 587-0330
Fax: (808) 587-0390
Website: http://www.state.hi.us/dlnr/
  HI Department of Health
  1250 Punchbowl Street, 3rd Floor
  PO Box 3378
  Honolulu, HI 96801
  Phone: (808) 586-4400
  Fax: (808) 586-4444
  Website: http://www.hawaii.gov/health/

  Idaho
  ID Division of Environmental Quality
  141 ON. Hilton
  Boise, ID 83706
  Phone: (208) 373-0502
  Fax:(208)373-0417

  Illinois
  IL Environmental Protection Agency
  1021 North Grant Avenue East
  PO Box 19276
  Springfield, IL 62794-9276
  Phone:(217)782-3397
  Fax:(217)785-7725
  Website: http://www.epa.state.il.us/

  Indiana
  Indiana Department of Environmental
  Management
  105 N. Senate, PO Box 6015
  Indianapolis, IN 46206-6015
  Phone:(317)232-8560
  Toll  Free: (800)451-6027
  TTY: (317) 233-6087
  Website: http://www.ai.org/idem/index.html/

  IN Department of Natural Resources
  402 West Washington Street, Rm. W256
  Indianapolis, IN 46204
  Phone:(317)233-3046
  Fax:(317)232-8036
  Website: http://www.ai.org/dnr/index.html/
Appendix B
Resources
B-15
March 1999

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Iowa
IA Department of Natural Resources
Wallace State Office Building
900 E. Grand Avenue
Des Moines, IA 50319-0034
Phone:(515)281-5145
Fax:(515)281-8895
TTY: (515) 242-5967
Website: http://www.state.ia.us/government
/dnr/index.html/

Kansas
KS Department of Health & Environment
Landon State Office Building
900 SW Jackson Street
Topeka, KS 66612-1290
Phone:(785)296-1522
Fax: (785) 368-6368
Website: http://www.ink.org/public/kdhe/

Kentucky
KY Natural Resources and Environmental
Protection Cabinet
Capital Plaza Tower, 5th  Floor
500 Mero Street
Frankfort, KY 40601
Phone: (502) 564-3350
Website: http://www.state.ky.us/agencies
/nrepc/nrhome.htm/

KY Environmental Quality Commission
14 Reilly Road
Frankfort, KY 40601
Phone:(502)564-2150
Fax: (502) 564-4245
Website: http://www.state.ky.us/agencies
/eqc/eqc.html/

Louisiana
LA Department of Environmental Quality
7290 Bluebonnet Boulevard, PO Box 82231
Baton Rouge, LA 70810
Phone: (504) 765-0741
Fax: (504) 765-0746
Toll Free: (888) 763-5424
24-Hour Hotline:  (504) 342-1234
Website: http://www.deq.state.la.us/
  LA Natural Resources Department
  625 N. 4th Street, PO Box 94396
  Baton Rouge, LA 70804-9396
  Phone: (504) 342-4500
  Fax: (504) 342-2707
  Website: http://www.dnr.state.la.us/

  Maine
  ME Department of Environmental Protection
  17 State House Station
  Augusta, ME 04333-0017
  Phone: (207) 287-7688
  Toll Free: (800)452-1942
  Fax:(207)287-2814
  Web site: http://www.state.me.us/dep/

  ME Conservation Department
  22 State House Station
  Augusta, ME 04333
  Phone: (207)287-2211
  Fax: (207) 287-2400
  TTY: (207) 287-2213

  Maryland
  MD Department of Environment
  2500 Broening Highway
  Baltimore, MD21224
  Phone:(410)631-3000
  Fax:(410)631-3936
  Toll Free: (800) 633-6101
  TTY: (410)631-3009
  Website: http://www.mde.state.md.us/

  Massachusetts
  MA Department of Environmental Protection
  1 Winter Street, 2nd Floor
  Boston, MA 02108
  Phone:(617)292-5500
  Fax:(617)574-6880
  Website: http://www.magnet.state.ma.us
  /dem/
Appendix B
Resources
B-16
March 1999

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Michigan
Ml Department of Environmental Quality
333 South Capital Avenue, PO Box 30457
Lansing, Ml 48909-7957
Phone: (800) 662-9278
Fax:(517)335-4729
Pollution Emergency Alerting System: (800)
292-4706
Website: http://www.deq.state.mi.us/

Ml Natural Resources Department
Stevens T. Mason Building
530 W. Allegan Street, PO Box 30028
Lansing, Ml 48909
Phone: (517)373-1214
Fax:(517)353-1547
Website: http://www.dnr.state.mi.us/

Minnesota
MN Department of Natural Resources
500 Lafayette Road
St. Paul, MN 55155-4040
Phone:(612)296-6157
Fax:(612)297-3618
Toll Free: (888) 646-6367
Website: http://www.drn.state.mn.us/

MN Office of Environmental Assistance
520 Lafayette Road North, 2nd Floor
St. Paul, MN 55155-4100
Phone: (612)296-3417
Fax:(612)215-0246
Toll Free: (800) 657-3843
Website: http://www.moea.state.mn.us/

Mississippi
MS Dept. of Environmental Quality
2380 Highway 80 West, PO Box 20305
Jackson, MS 39289-1305
Phone: (601)961-5171
Fax:(601)961-5349
Website: http://deq.state.ms.us/
  Missouri
  MO Department of Natural Resources
  205 Jefferson Street, PO Box 176
  Jefferson City, MO 65101
  Phone: (573)751-4422
  Fax:(573)751-7749
  Website:
  http://www.dnr.state.mo.us/homednr.htm/

  Montana
  MT Department of Environmental Quality
  1520 E. 6th Avenue, PO Box 200901
  Helena, MT 59620
  Phone: (406) 444-2544
  Fax: (406) 444-4386
  Website: http://www.deq.state.mt.us/

  MT Natural Resources and Conservation
  Department
  1625 11th Avenue, PO Box 201601
  Helena, MT 59620-1601
  Phone: (406) 444-2074
  Fax: (406) 444-2684
  TTY: (406) 444-6873
  Website: http://www.dnrc.state.mt.us/

  Nebraska
  NE Natural Resources Commission
  301 Centennial Mall South, PO Box 94876
  Lincoln, Nebraska 68509
  Telephone: (402) 471-2081
  Fax:(402)471-3132
  Website: http://www.nrc.state.ne.us/

  NE Department of Environmental Quality
  1200 N. Street, Suite 400, PO Box 98922
  Lincoln, NE 68509-8922
  Phone:(402)471-2186
  Fax:(402)471-2909
  Website: http://www.deq.state.ne.us/
  E-mail: pubinfo@mail.deq.state.ne.us

  Nevada
  NV Division of Environmental Protection
  333 W. Nye Lane, Suite  138
  Carson City, NV 89706-0851
  Phone: (702) 687-4670
  Fax: (702) 687-5856
  Toll Free: (800) 992-0900
Appendix B
Resources
B-17
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    Multimedia Environmental Compliance Guide for Food Processors
New Hampshire
NH Department of Environmental Services
Six Hazen Drive
Concord,  NH 03301
Phone: (603)271-3503
Fax:(603)271-2867
TTY: (800) 735-2964
Website:
http://www.state.nh.us/des/descover.htm/
E-mail: pip@des.state.nh.us

New Jersey
NJ Department of Environmental Protection
401 E. State Street, 7th Floor, East Wing
PO Box 402
Trenton, NJ  08625 -0402
Phone: (609) 292-2885
Fax: (609) 292-7695
Website: http://www.state.nj.us/dep/

New Mexico
NM Environment Department
Harold S.  Runnels Building
1190 S. St. Francis Drive, PO Box 26110
Santa Fe, NM 87505-4182
Phone: (505) 827-2855
Fax: (505) 827-2836
Toll Free:  (800) 879-3421
Website: http://www.nmenv.state.nm.us/

New York
NY Department of Environmental
Conservation
50 Wolf Road
Albany, NY 12233
Phone:(518)457-5400
Fax:(518)457-7735
Website: http://www.dec.state.ny.us/

North Carolina
NC Dept.  of Environment, Health,  & Natural
Resources
512 North Salisbury Street, PO Box 27687
Raleigh, NC 27604
Phone:(919)733-4984
Fax:(919)715-3060
Website: http://www.ehnr.state.nc.us/
  North Dakota
  ND State Water Commission
  900 East Boulevard
  Bismarck, ND 58505
  Phone:701-328-2750
  Fax:701-328-3696
  Website: http://www.swc.state.nd.us/

  ND Environmental Health Section
  1200  Missouri Avenue, PO Box 5520
  Bismark, ND 58506-5520
  Phone:(701)328-5150
  Fax:(701)328-5200
  Website: http://www.health.state.nd.us/

  Ohio
  OH Environmental Protection Agency
  1800  Watermark Drive, PO Box 1049
  Columbus, OH 43216-1049
  Phone: (614)644-3020
  Fax:(614)644-2329
  Website: http://www.epa.state.oh.us/

  OH Natural Resources Department
  Fountain Square
  1930  Belcher Drive
  Columbus, OH 43224-1387
  Phone:(614)265-6565
  Fax:(614)261-9601
  Website: http://www.dnr.state.ohio.us/

  Oklahoma
  OK Department of Environmental Quality
  707 North Robinson,  PO Box 1677
  Oklahoma City, OK 73101-1677
  Phone:(405)720-6100
  Toll Free: (800)869-1400
  Complaints Hotline: (800) 522-0206
  Website: http://www.deq.state.ok.us/

  Oregon
  OR Department of Environmental Quality
  811 SW Sixth Avenue
  Portland, OR 97204-1390
  Phone: (503) 229-5696
  Fax:(503)229-6124
  Toll Free: (800) 452-4011
  TTY:  (503) 229-6993
  Website: http://www.deq.state.or.us/
Appendix B
Resources
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March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
Pennsylvania
PA Department of Environmental Protection
Rachel Carson State Office Bldg.
16th Floor
400 Market Street, PO Box 2063
Harrisburg, PA 17101-2063
Phone:(717)787-1323
Fax:(717)783-8926
TTY: (800) 654-5984
Website: http://www.dep.state.pa.us/
E-mail: depinfo@al.dep.state.pa.us

Rhode Island
Rl Department of Environmental
Management
235 Promenade Street
Providence, Rl 02908
Phone: (401)222-6800
Fax:(401)222-3810
After-Hours Enforcement Hotline: (401) 222-
2284

South Carolina
SC Dept. of Health and Environmental
Control
2600 Bull Street
Columbia, SC 29201
Phone: (803) 734-5360
Fax: (803) 734-4339
Website: http://www.state.sc.us/dhec/

SC Environmental and Natural Resources
Department
Rembert C. Dennis Building, PO Box 167
Columbia, SC 29202
Phone: (803) 734-3888
Fax: (803) 734-6951
Website: http://www.dnr.state.sc.us/

South Dakota
SD Dept. of Environment & Natural
Resources
Joe Foss Building
523 E. Capital Avenue
Pierre, SD 57501-3181
Phone: (605)773-3151
Fax: (605) 773-4068
Website: http://www.state.sd.us/state
/executive/denr/denr.html/
  Tennessee
  TN Department of Environment and Natural
  Resources
  21st Floor, L&C Tower
  401 Church Street
  Nashville, TN 37243
  Phone:(615)532-0109
  Fax:(615)532-0120
  Toll Free: (888)891-8332
  Website: http://www.state.tn.us/environment/

  Texas
  TX Natural Resource & Conservation
  Commission
  12100 Park 35 Circle (MC 100)
  PO Box 13087
  Austin, TX 78711-3087
  Phone: (512)239-4000
  Fax:(512)239-4007
  Toll Free: (800) 687-4040
  Website: http://www.tnrcc.state.tx.us/

  Utah
  UT Department of Environmental Quality
  168 North  1950 W, PO Box 144810-4810
  Salt Lake City,  UT 84114-4810
  Phone: (801)536-4400
  Fax:(801)536-4401
  Toll Free: (800)458-0145
  TTD:  (801) 538-4414
  Website: http://www.eq.state.ut.us/
  E-mail: deqinfo@deq.state.ut.us

  Vermont
  VT Agency of Natural Resources
  103 S. Main Street, Center Building
  Waterbury, VT  05671
  Phone:(802)241-3600
  Fax:(802)244-1102
  TTY:  (802) 253-0191
  Website: http://www.anr.state.vt.us/

  Virginia
  VA Department of Environmental Quality
  629 East Main  Street,  PO Box 10009
  Richmond, VA  23219
  Phone: (804) 698-4000
  Fax: (804) 698-4500
  Toll Free: (800) 592-5482
  Website: http://www.deq.state.va.us/
Appendix B
Resources
B-19
March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
VA Secretary of Natural Resources
733 Ninth Street Office Building
PO Box 1475
Richmond, VA 2321
Phone: (804) 786-0044
Fax:(804)371-8333
TTY: (804) 786-7765
Website: http://dit1 .state.va.us/~snr/

Washington
WA Department of Ecology
300 Desmond Drive, PO Box 47600
Olympia, WA 98504-7600
Phone: (360) 407-7004
Fax: (360) 407-6989
TTY: (360) 407-7155
Website: http://www.wa.gov/ecology/

WA Natural Resources  Department
1111 Washington Street, SE
PO Box 47001
Olympia, WA 98504-7001
Phone:(360)902-1000
Website: http://www.wa.gov/dnr/

West Virginia
WV Division of Environmental Protection
10 McJunkin Road
Nitro, WV 25143-2506
Phone:(304)759-0515
Fax:(304)759-0515
TTY: (800) 637-5893
Website: http://www.192.243.139.248/

Wisconsin
Wl Department of Natural Resources
101 South Webster Street, PO Box 57921
Madison, Wl 53707
Phone: (608) 266-2621
Fax: (608) 267-3579
Website: http://www.dnr.state.wi.us/
  Wyoming
  WY Department of Environmental Quality
  Herschler Building, 4th Floor
  122 West 25th Street
  Cheyenne, WY 82002
  Phone: (307) 777-7758
  Fax: (307) 777-7682
  Website: http://deq.state.wy.us/ Virgin Islands

  VI Department of Planning and Natural
  Resources
  396-1 Annas Retreat, Foster Building
  Charlotte Amalie, US VI 00802
  Phone: (340) 774-3320
  Fax: (340) 775-5706
  Website: http://www.gov.vi/pnr/

  Puerto Rico
  PR Natural and Environmental Resources
  Department
  Avenida Munoz Rivera, Piso 2, Parada 3 Y2
  PO Box 5887
  San Juan, PR 00906
  Phone:(787)723-1464
  Fax: (787) 723-4255
  Website: http://www.fortaleza.govpr.org/
  /cgi-bin/detalles.idc?lndex=77
Appendix B
Resources
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March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
State Emergency Response Commissions  (SERCs)
Alabama
Lee Helms, Co-Chair
AL Emergency Response Commission
AL Emergency Management Agency
5898 Country Road 41
PO Drawer 2160
Clanton.AL 35046-2160
Phone: (205) 280-2234
Section(s): None

James War, Co-Chair
Field Operations Office
AL Emergency Response Commission
AL Department of Environmental
Management
1751 Congressman W.L. Dickinson Drive
PO Box 301463
Montgomery, AL 36130-1463
Phone: (334)271-7710
Section(s): None

Edward Poolos
AL Emergency Response Commission
AL Department of Environmental
Management
1751 Congressman W.L. Dickinson Drive
PO Box 301463
Montgomery, AL 36130-1463
Phone: (334)260-2717
Section(s): 302, 304, 311,312

Alaska
AK SERC Website:
http://www.ak-prepared.com
/serchome.htm/

Major General Jake Lestenkof, Co-Chair
Department of Military and Veteran Affairs
PO Box 5800
Fort Richardson, AK 99505-5800
Phone: (907) 428-6003
Section(s): None
     Commissioner Michele Brown, Co-Chair
     AK Department of Environmental
     Conservation
     410 Willoughby Avenue, Suite 105
     Juneau, AK 99801 -1795
     Phone: (907) 465-5065 Section(s): None

     Camille Stephens
     AK Department of Environmental
     Conservation
     Spill Prevention and Response
     410 Willoughby Avenue, Suite 105
     Juneau, AK 99801-1795
     Phone: (907) 465-5220
     Section(s): 304, 311,312
     Website:
     http://www.state.ak.us/local/akpages
     /ENV.CONSERV/dspar/dec_dspr.htm#perp/

     American Samoa
     Faamausili Pola
     Territorial Emergency Mgmt. Coordinating
     Officer
     American Samoan Government
     Department of Public Safety
     PO Box 1086
     Pago Pago, AS 96799
     Phone: (684) 633-1111
     Section(s): 302, 304

     Pati Faiai
     American Samoa Environmental Protection
     Agency
     Office of the Governor
     Pago Pago, AS 96799
     Phone: (684) 633-2304
     Section(s): 311, 312
Appendix B
Resources
B-21
March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
Arizona
Michael P. Austin, Chairman
AZ Emergency Response Commission
5636 East McDowell Road
Phoenix, AZ 85008
Phone:(602)231-6245
Fax:(602)231-6313
Section(s): None

Daniel Roe, Executive Director
AZ Emergency Response Commission
5636 East McDowell Road
Phoenix, AZ 85008
Phone:(602)231-6345
Fax:(602)231-6313
E-mail: #AZSERC@DEM.STATE.AZ.US
Website:
http://www.state.az.us/es/azserc.htm/
Section(s): 302, 304, 311,312

Arkansas
Joe Dillerd, Director
Office of Emergency Services
PO Box 758
Conway, AR 72033-0758
Section(s): None

Robert Johns
Office of Hazardous Materials Emergency
Management
PO Box 758
1835 South Donaughey
Conway, AR 72032
Phone:(501)730-9789
Section(s): 302, 304, 311,312

California
Dr. Richard Andrews, Director
Steve DeMello
Chemical Emergency Planning & Response
Commission
Office of Emergency Services
Hazardous Materials Division
2800 Meadowview Road
Sacramento, CA 95832
Phone: (916)464-3281
Section(s): 302, 304, 311,312
     Colorado
     Steve Gunderson
     CO Emergency Planning Commission
     CO Department of Health
     Mail Code OE-EMU-B2
     4300 Cherry Creek Drive South
     Denver, CO 80222-1530
     Phone: (303) 692-3022
     Section(s): 302, 304, 311,312

     Connecticut
     Gerard P. Goudreau, Chairman
     State Emergency Response Commission
     c/o Ulbrich Stainless Steels
     1 Dudley Avenue
     PO Box 610
     Wallingford, CT 06492
     Phone: (203) 269-2507, ext. 275
     Section(s): None

     Joseph B. Pulaski, SERC Administrator
     State Emergency Response Commission
     Department of Environmental Protection
     79 Elm Street, 4th  Floor
     Hartford, CT 06106-5127
     Phone: (860) 424-3373
     Section(s): 302, 304, 311,312

     CT Office of Emergency Management
     360 Broad Street
     Hartford, CT 06105
     Phone: (860) 566-3377
     Fax: (860) 247-0664
     Website:
     http://www.state.ct.us/dps/ctoem.htm/

     Delaware
     Karen Johnson, Chair/Secretary
     DE Department of Public Safety
     PO Box 818
     Dover, DE 19901
     Phone: (302) 739-4321
Appendix B
Resources
B-22
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    Multimedia Environmental Compliance Guide for Food Processors
Joe Wessels, SARA Title III Coordinator
DE Emergency Management Agency
PO Box 527
Delaware City, DE 19706
Phone: (302) 834-4531
General Info: (302) 326-6000
Toll Free (In-State Only): (800) 480-SERC
Section(s): 302
Website:
http://www.state.de.us/govern/agencies/
pubsafe/dema/indxdema.htm/

Andrea Maucher
Division of Air and Waste Management
Dept. of Natural Resources &
Environmental Control
89 Kings Highway
PO Box 1401
Dover,  DE 19903
Phone: (302) 739-4791
Section(s): 304, 311,312

District of Columbia
Samuel Jordan, Acting Director
Office of Emergency Preparedness
2000 14th Street, NW
Washington, DC 20009
Section(s): None

Michele Penick
Emergency Response Commission for Title
III
Office of Emergency Preparedness
2000 14th Street, NW
8th Floor
Washington, DC 20009
Phone: (202)673-2101 Ext. 3159
Section(s): 302, 304, 311,312

Florida
James F.  Murley, Chair
FL Department of Community Affairs
Division of Emergency Management
State Emergency Response Commission
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Phone: (904)413-9970
Section(s): None
     Florida (Continued)
     Joseph Myers
     Alternate SERC Chair
     Division of Emergency Management
     2555 Shumard Oak Boulevard
     Tallahassee, FL 32399-2100
     http://www.state.fl.us/comaff/DEM/index.ht
     m/
     Section(s): None

     Eve Rainey, Compliance Planning
     Florida Department of Community Affairs
     Division of Emergency Management
     State Emergency Response Commission
     2555 Shumard Oak Boulevard
     Tallahassee, FL 32399-2149
     Phone:(904)413-9970
     Toll Free: (800)635-7179
     Section(s): 302, 304, 311,312

     Georgia
     Joe Tanner, Chairman/Commissioner
     GA Emergency Response Commission
     205 Butler Street, S.E.
     Suite 1252
     Atlanta, GA 30334-4910
     Phone: (404) 656-3500
     Section(s): None

     Burt Langley, Chief
     GA Emergency Response Commission
     205 Butler Street, S.E.
     Floyd Tower East,  Suite 1166
     Atlanta, GA 30334-4910
     Phone: (404) 656-6905
     Section(s): 302, 304, 311,312

     GA Emergency Management Agency
     PO Box 18055
     Atlanta, GA 30316-0055
     Phone: (404) 635-7000
     Toll Free: (800) TRY-GEMA
     Fax: (404) 635-7205
     Audio News Service: (888) 216-0760
     E-mail: webmaster@gema.state.ga.us
     Website: http://www.State.Ga.US/GEMA/
Appendix B
Resources
B-23
March 1999

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Guam
Jesus Salas, Administrator
Guam EPA
22439 GMF
Barrigada, GU 96921
Phone:(671)475-1669
Section(s): 302, 304, 311,312

Hawaii
Dr. Bruce S. Anderson
HI State Emergency Response
Commission
HI State Department of Health
PO Box 3378
Honolulu, HI 96801
Phone: (808) 586-4424
Section(s): None

Marsha Mealey, HEPCRA Coordinator
HI State Emergency Response
Commission
HI State Department of Health
PO Box 3378
919 Ala Moana Boulevard, Room 206
Honolulu, HI 96814
Phone: (808) 586-4694
E-mail: heer@eha.health.state.hi.us
Section(s): 302, 304, 311,312

Idaho
Major General John Kane, Chairman
ID Bureau of Hazardous Materials
4040 Guard Street, Building 600
Gowen Field
PO Box 83720
Boise, ID 83720-3401
Phone: (208) 334-3263
Section(s): None
Website:
http://www.state.id.us/serc/index.html/

Bill Bishop, Director
ID Bureau of Hazardous Materials
4040 Guard Street, Building 600
Gowen Field
PO Box 83720
Boise, ID 83720-3401
Phone: (208) 334-3263
Section(s): 302, 304, 311,312
     Illinois
     John Mitchell, Chairperson
     State Emergency Response Commission
     IL Emergency Management Agency
     110 East Adams Street
     Springfield, IL 62701-9963
     Phone:(217)782-2700
     Section(s): None
     Website: http://www.state.il.us/iema/

     Oran Robinson, Supervisor
     Hazardous Materials Compliance and
     Enforcement
     State Emergency Response Commission
     c/o IL Emergency Management Agency
     110 East Adams Street
     Springfield, IL 62706-9963
     Phone: (217)782-4694
     Section(s): 302, 304, 311,312

     Indiana
     Patrick R. Ralston, Chairperson
     State Emergency Response Commission
     IN Government Center South
     302 West Washington Street, Room E208
     Indianapolis, IN 46204
     Phone: (317)232-3986
     Section(s): None
     Website: http://www.ai.org/ierc/

     Cindi Wagner or Tom Madix
     Indiana Department of Environmental
     Management
     2525 North Shadeland
     PO Box 7024
     Indianapolis, IN 46207
     Phone: (317)308-3039
     Section(s): 302, 304, 311,312

     Iowa
     William Zitterich, P.E., Director
     IO Emergency Response Commission
     IADOT
     Office of Maintenance Services
     800 Lincoln Way
     Ames, IA 50010
     Phone: (515)239-1396
     Section(s): None
Appendix B
Resources
B-24
March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
Walter Johnson, Vice-Chair
IO Emergency Response Commission
IO Division of Labor
1000 East Grand Avenue
DesMoines, IA50319
Phone:(515)281-8460
Section(s): None

Paul Sadler
Program Planner
Emergency Management Division
Hoover State Office Building, Level A
DesMoines, IA50319
Phone:(515)242-5171
E-mail: dsanders@max.state.ia.us
Section(s): 302

Pete Hamlin, Chief
Air Quality Bureau
IO Department of Natural Resources
7900 Hickman Road
Urbandale, IA 50322
Phone:(515)281-8852
Section(s): 304

Anne Jackson
Sr. Industrial Hygenist
IO Division of Labor
1000 East Grand Avenue
DesMoines, IA50319
Phone: (515)281-8460
Section(s):311,312

Kansas
Bob Barid, SERC Chairman
General Motors
3201 Fairfax Traffic Way
Kansas City, KS66115
Phone:(913)573-7303
Section(s): None

Jon Flint, Section Chief
KS Emergency Response Commission
Right-to-Know Program
J Street and 2 North
Forbes Field Building 283
Topeka, KS 66620
Phone:(913)296-1690
Section(s): 302, 311,312
     Frank Moussa
     KS Division of Emergency Management
     State Defense Building
     2800 South West Topeka Boulevard
     Topeka, KS 66611-1287
     Phone:(913)274-1409
     E-mail: frankm@agtop.wpo.state.ks.us
     Website: http://www.ink.org/public/kdem/
     Section(s): 304

     Kentucky
     Ron Padgett, Executive Director
     KY Emergency Response Commission
     KY Disaster and Emergency Services
     Boone National Guard Center
     Frankfort, KY 40601-6168
     Phone: (502) 564-8681
     E-mail: rpadgett@kydes.dma.state.ky.us
     Website: http://www.state.ky.us/agencies
     /military/des.htm/
     Section(s): None

     Lucille Orlando, Branch Mgr. Technological
     Hazards
     KY Emergency Response Commission
     KY Disaster and Emergency Services
     Boone National Guard Center
     Frankfort, KY 40601-6168
     Phone: (502) 564-5223
     Section(s): 302, 304, 311,312

     Louisiana
     Capt. Mark S. Oxley, Chairman
     LA Emergency Response Commission
     Office of State Police, Right-to-Know Unit
     7901 Independence Boulevard
     Building A
     Baton Rouge, LA 70806
     Phone:(504)925-6113
     Section(s): None
Appendix B
Resources
B-25
March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
Robert Hayes, Management Analyst
LA Emergency Response Commission
Office of State Police, Right-to-Know Unit
7901 Independence Boulevard
Building A
Baton Rouge, LA 70806
Phone:(504)925-6113
Section(s): 302, 304, 311,312

Linda Brown, TRI Coordinator
Department of Environmental Quality
Office of the Secretary
PO Box 82263
Baton Rouge,LA 70884-2263
Phone: (504) 765-0737
Section(s): 313

LA Office of Emergency Preparedness
Website: http://199.188.3.91/chemihaz.htm/

Maine
John W.  Libby, Chairman
State Emergency Response Commission
ME Emergency Management Agency
72 State House Station
Augusta, ME 04333
Phone: (207) 287-4080
Toll Free: (800) 452-8735
Fax: (207) 287-4079
E-mail: john.w.libby@state.me.us
Website: http://www.state.me.us/mema/
Section(s): None

Rayna Leibowitz
State Emergency Response Commission
72 State House Station
Augusta, ME 04333
Phone: (207) 287-4080
Toll Free: (800) 452-8735
Fax: (207) 287-4079
E-mail: rayna.b.leibowitz@state.me.us
Section: 302, 304, 311,312
     Maryland
     David McMillian, Chairman
     Governor's Emergency Management
     Advisory Council
     c/o MD Emergency Management Agency
     2 Sudbrook Lane East
     Pikesville, MD21208
     Phone:(410)486-4422
     Section(s): None
     Website: http://www.mema.state.md.us/

     Patricia Williams, Environmental Specialist
     MD Department of the Environment
     Technical and Regulatory Services
     Administration
     Community Right-to-Know Section
     2500 Broening Highway
     Baltimore,  MD21224
     Phone:(410)631-3800
     Section(s): 302,  304, 311,312

     Massachusetts
     Kathleen OToole, Chair
     Secretary of Public Safety
     MA Emergency  Response Commission
     Executive Office of Public Safety
     One Asburton Place, Room 2133
     Boston, MA 02108
     Phone: (617)727-7725
     Section(s): None

     John Tommaney
     MA Emergency Management Agency
     PO Box 1496
     400 Worcester Road
     Framingham, MA 01701-0317
     Phone: (508) 820-2000
     Website:
     http://www.magnet.state.ma.us/mema
     /homepage.htm/
     Section(s): 302,  304, 311,312
Appendix B
Resources
B-26
March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
Michigan
Captain Robert Tarrant, Chairperson
State Emergency Response Commission
EMD/MI Department of State Police
4000 Collins Road
PO Box 30636
Lansing, Ml 48909-8136
Phone:(517)333-5041
Website:
http://www.msp.state.mi.us/division
/emd/emdweb1 .htm/
Section(s): None

Robert Jackson, Chief, Grants & Information
State Emergency Response Commission
Ml Department of Environmental Quality
Environmental Assistance Division, Title III
Office
300 South Washington
PO Box 30457
Lansing, Ml 48909
Phone: (517)373-2731
Section(s): 302, 304, 311,312

Minnesota
Dennis Shershen, Chairperson
State Emergency Response Commission
Truth Hardware Corporation
700 West Bridge Street
Owatonna, MN 55060
Phone: (507) 444-4481
Section(s): None

Paul Aasen
MN Emergency Response Commission
State Capitol Building, Room B-5
75 Constitution Avenue
St. Paul, MN 55155
Phone:(612)282-5391
Website:
http://www.dps.state.mn.us/emermgt/
Section(s): 302, 304, 311,312
     Mississippi
     J.E. Maher, Chairman
     MS Emergency Response Commission
     MS Emergency Management Agency
     PO Box 4501
     Jackson, MS 39296-4501
     Phone:(601)960-9000
     Section(s): None

     John David Burns
     MS Emergency Response Commission
     MS Emergency Management Agency
     PO Box 4501
     Jackson, MS 39296-4501
     Phone: (601)960-9000
     Section(s): 302, 304, 311,312

     Chuck Carter
     Plan Operations Manager
     MS Emergency Response Commission
     MS Emergency Management Agency
     PO Box 4501
     Jackson, MS 39296-4501
     Phone:(601)960-9000
     Section(s): 302, 304, 311,312

     Missouri
     Bob Dopp, Executive Chief
     MS Emergency Response Commission
     PO Box 3133
     Jefferson City, MO 65102
     Phone: (573) 526-9237
     E-mail: bdoppol@mail.state.mo.us
     Website: http://www.sema.state.mo.us
     /mercc.htm/
     Section(s): 302, 304, 311,312

     MS Emergency Preparedness Association
     Website: http://www.iland.net/mepa/

     Montana
     Tom Ellerhoff, Chairman
     MT Emergency Response Commission
     ESD/DHES, Metcalf Building
     1520 E.  6th Avenue
     PO Box 200901
     Helena,  MT 59620-0901
     Phone: (406) 444-5263
     Section(s): 311, 312
Appendix B
Resources
B-27
March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
Jim Greene
Disaster Emergency Services
1100 North Main
PO Box 4789
Helena, MT 59604-4789
Phone: (406) 444-6911
Section(s): 302, 304

Nebraska
Major General Stanley M. Heng, Chairman
NE Emergency Response Commission
1300 Military Road
Lincoln, NE 68508-1090
Phone:(402)471-7100
Section(s): None

Dale Bush, Interim Coordinator
NE Department of Environmental Quality
PO Box 98922
State House Station
Lincoln, NE 68509-8922
Phone: (402)471-4237
Section(s): 304, 311,312

Dave Kudmore
NE Emergency Management Agency
1300 Military Road
Lincoln, NE 68508-1090
Phone: (402)471-7420
Website:
http://www.sarpy.com/ema/index.htm/
Section(s): 302

Nevada
Marvin Carr
State Emergency Response Commission
555 Wright Way
Carson City, NV 89711-0925
Phone: (702) 687-6973
E-mail: sercinfo@govmail.state.nv.us
Section(s): 302

Division of Emergency Management
2525 South Carson Street
Carson City, NV 89710
Phone: (702) 687-4240
Section(s): 304
     Larry W. Bennett
     SERC Co-Chair
     Southern Pacific Transportation Co.
     50 Washington Street
     Suite 101
     Reno, NV 89530
     Phone: (702) 323-3688
     Section(s): 302, 304, 311,312

     Karen Larson
     Co-chair of SERC
     Clark County Manager's Office
     500 South Grand Central Parkway
     Las Vegas, NV 89155-1111
     Phone: (702)455-6186
     Section(s): 302, 304, 311,312

     New Hampshire
     George L. Iverson, Director
     NH Office of Emergency Management
     Title III Program
     State Office Park South
     107 Pleasant Street
     Concord, NH 03301
     Phone: (603)271-2231
     Website: http://www.nhoem.state.nh.us
     /nhoem.ssi/
     Section(s):  None

     Leland Kimball
     NH State Emergency Management Agency
     Title III Program
     State Office Park South
     107 Pleasant Street
     Concord, NH 03301-3809
     Phone:(603)271-2231
     Section(s): 302, 304, 311,312

     New Jersey
     Shirlee Schiffman, Chief
     NJ Dept. of Environmental Protection
     Bureau of Chemical Release Information
     and Prevention
     Health and Analytical Programs
     401 East State Street, CN 405
     Trenton,  NJ 08625
     Phone: (609)984-3219
     Section(s):  302
Appendix B
Resources
B-28
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    Multimedia Environmental Compliance Guide for Food Processors
Stan Delikat
Director of Responsible Party Site
Remediation
Bureau of Emergency Response
401 East State Street CN-028
Trenton, NJ 08625
Phone:(609)633-2168
Section(s): 304

Alan Bookman
NJ Dept. of Environmental Protection and
Energy
Bureau of Chemical Release Information
and Prevention
Health and Analytical Programs
401 East State Street CN-405
Trenton, NJ 08625
Phone: (609) 984-5338
Section(s):311,312

NJ Hazardous Materials Advisory Council
Website: http://www.hmac-inc.org/

New Mexico
Ray Denison, Chairman
NM Emergency Response Commission
NM Department of Public Safety
PO Box 1628
Santa Fe, NM 87504-1628
Phone: (505) 827-3376
Section(s): None

Max Johnson, Coordinator
NM Emergency Response Commission
Technological Hazards Bureau
Emergency Management
PO Box 1628
Santa Fe, NM 87504-1628
Phone: (505) 476-9620
Section(s): 302, 304, 311,312
     New York
     Major General John Fenimore, Vice
     Chairman
     NY Emergency Response Commission
     State Emergency Management Office
     Building 22, Suite 101
     1220 Washington Avenue
     Albany, NY  12226-2251
     Phone: (518)457-2222
     Website:
     http://www.nysemo.state.ny.us/SERC
     /sere, htm I
     Section(s): None

     NY Emergency Response Commission
     NY State Dept. of Environmental
     Conservation
     Bureau of Spill Prevention and Response
     50 Wolf Road
     Room 340
     Albany, NY  12233-3510
     Phone: (518)457-4107
     Section(s): 302, 304, 311,312

     North Carolina
     Billy Camaron, Chairman
     NC Emergency Response Commission
     NC Division of Emergency Management
     116 West Jones Street
     Raleigh, NC 27603-1335
     Phone: (919)733-3825
     Website: http://www.dem.dcc.state.nc.us/
     Section(s): None

     Esther Castaldo
     NC Emergency Response Commission
     NC Division of Emergency Management
     116 West Jones Street
     Raleigh, NC 27603-1335
     Phone: (919)733-3899
     Section(s): 302, 304, 311,312

     NC Emergency Management Association
     Website:
     http://www.mindspring.com/~dobesar
     /ncema.htm/
Appendix B
Resources
B-29
March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
North Dakota
Lyle Gallagher, Director of Communications
State Radio Communications Department
PO Box 5511
Bismarck, ND 58506
Phone:(701)328-2121
E-mail: lgallagh@pioneer.state.nd.us
Section(s): 304

Douglas C. Friez, Chairman
ND State Division of Emergency
Management
PO Box 5511
Bismarck, ND 58506-5511
Phone: (701)328-3300
E-mail: msmail.doug@ranch.state.nd.us
Website: http://pioneer.state.nd.us/dem/
Section(s): 302, 311,312

Northern Mariana Islands
Felix Sasamoto, Civil Defense Coordinator
Office of the Governor
Capitol Hill
Commonwealth of Northern Mariana Islands
Saipan, MP 96950
Phone: (011)  (670) 322-9529
Section(s): 302, 304, 311,312

Ohio
Dale Shipley, Chairman
State Emergency Response Commission
OH Emergency Management Agency
2855 W. Dublin-Granville Road
Columbus, OH 43235-2206
Phone: (614)889-7150
Website:
http://www.ohio.gov/ODPS/division
/ema/index.htm/
Section(s): None

Ken Schultz,  Co-Chairperson
State Emergency Response Commission
OH Environmental Protection Agency
PO Box 163669
Columbus, OH 43216-3669
Phone: (614)644-2081
Section(s): None
     Jeff Beattie
     OH Emergency Response Commission
     OH Environmental Protection Agency
     Office of Emergency Response
     1800 Watermark Drive
     Columbus, OH 43215-1099
     Phone:(614)644-2081
     Section(s): 302, 304, 311,312

     OH Chemical Emergency and
     Preparedness Section
     Website: http://www.epa.ohio.gov/derr
     /derrmain.html/

     Oklahoma
     Monty Elder
     Department of Environmental Quality
     Customer Services
     1000 North East Tenth Street
     Oklahoma City, OK 73117-1212
     Phone: (405) 271-1400 Ext. 192
     E-mail: monty.elder@OKLAOSF.state.ok.us
     Section(s): 302, 311,312

     Lynne Moss
     Department of Environmental Quality
     1000N.E. 10th Street
     Oklahoma City, OK 73117-1212
     Phone: (405)271-7363
     E-mail: lynne.moss@OKLAOSF.state.ok.us
     Section(s): 304

     OK Department of Civil Emergency
     Management
     Website: http://www.onenet.net/~odcem
     /index.html/

     Oregon
     James Mazza, Hazardous Materials
     Planning Coordinator
     c/o Department of Oregon State Police
     Oregon Emergency Management
     595 Cottage Street, NE
     Salem, OR 97310
     Phone: (503) 378-2911
     Section(s): None
Appendix B
Resources
6-30
March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
Bob Albers
OR Emergency Response Commission
c/o State Fire Marshall
4760 Portland Road, NE
Salem, OR 97305-1760
Phone: (503) 378-3473 Ext. 262
E-mail: bob.albers@state.or.us
Section(s): 302, 304, 311,312

Pennsylvania
Lt. Governor Mark S. Schweiker, Chairman
PA Emergency Management Council
PO Box 3321
Harrisburg, PA 17105-3321
Phone: (717)651-2001
Section(s): None

Robert F. Broyles, Chief
Chemical Emergency Preparedness
Division
PA Emergency Management Agency
PO Box 3321
Harrisburg, PA 17105-3321
Phone:(717)651-2199
Section(s): 302, 304

Thomas Ward or Lynn Snead
PA Emergency Management Council
Bureau of Worker and Community
Right-to-Know
Room 1503
Labor and Industry Building
7th and Forster Streets
Harrisburg, PA 17120
Phone: (717)783-2071
Section(s):311,312

PA Emergency Management Agency
Website: http://www.pema.state.pa.us/

Puerto Rico
Hector Russe Martinez, Chairman
PR Emergency Response Commission
Environmental Quality Board
PO Box 11488
Santurce, PR 00910
Phone: (787) 767-8056
Section(s): None
     Genaro Torres
     Director of Superfund and Emergency
     Division
     Title III-SARASection 313
     PR Environmental Quality Board
     Sernades Junco Station
     PO Box 11488
     Santurce, PR 00910
     Phone: (787) 767-8056
     Section(s): 302, 304, 311,312

     Rhode Island
     Raymond LaBelle, Executive Director
     Rl Emergency Response Commission
     645 New London Avenue
     Cranston, Rl 02920-3003
     Phone:(401)222-3039
     Section(s): None

     John Aucott
     Rl Emergency Response Commission
     645 New London Avenue
     Cranston, Rl 02920-3003
     Phone:(401)946-9996
     E-mail: aucott@mindspring.com
     Section(s): 302, 304

     Patrice Carvaretta
     Rl Department of Labor
     Division of Occupational Safety
     610 Manton Avenue
     Providence, Rl 02909
     Phone: (401)457-1829
     Section(s):311,312

     South Carolina
     Stan M. McKinney, Chairman
     SC Emergency Response Commission
     c/o Emergency Preparedness Division
     1429 Senate Street
     Columbia, SC 29201
     Phone: (803) 734-8020
     Section(s): None
Appendix B
Resources
B-31
March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
Michael Juras
SC State Emergency Response Comm.
EPCRA Reporting Point
SC Dept. of Health & Environmental Control
2600 Bull Street
Columbia, SC 29201
Phone:(803)896-4117
Section(s): 304

Peter Saussy
SC State Emergency Response
Commission
SC Dept. of Health and Environmental
Control
2600 Bull Street
Columbia, SC 29201
Phone:(803)896-4116
Section(s): 311, 312

John Berzins
SC Emergency Response Commission
c/o Emergency Preparedness Division
1429 Senate Street
Columbia, SC 29201
Phone: (803) 734-8020
Section(s): 302

SC Emergency Management Agency
Website: http://www.state.sc.us/epd/

South Dakota
Bob McGrath
SD Emergency Response Commission
Department of Environment & Natural
Resources
Joe Foss Building
523 East Capitol
Pierre, SD 57501-3181
Phone: (605) 773-3296
Section(s): None
     Lee Ann Smith, Title III Coordinator
     SD Emergency Response Commission
     Department of Environment & Natural
     Resources
     Joe Foss Building
     523 East Capitol
     Pierre, SD 57501-3181
     Phone: (605) 773-3296
     Section(s): 302, 304, 311,312

     SD Division of Emergency Management
     Website:
     http://www.state.sd.us/state/executive
     /military/sddem.htm/

     Tennessee
     John White, Chairman
     TN Emergency Response Commission
     TN Emergency Management Agency
     3041 Sidco Drive
     Nashville, TN 37204
     Phone: (615)741-0001
     Section(s): None

     Betty Eaves, Director
     TN Emergency Management Agency
     3041 Sidco Drive
     Nashville, TN 37204
     Phone: (615)741-2986
     Section(s): 302, 304, 311,312
     Website: http://www.state.tn.us/military
     /tema.html/

     Texas
     Dudley Thomas, Director
     TX Emergency Response Commission
     PO Box 4087
     Austin, TX 78773-0001
     Phone:(512)424-2429
     Section(s): None

     Tom Millwee, Co-Chair
     TX Emergency Response Commission
     Division of Emergency Management
     PO Box 4087
     Austin, TX 78773-0001
     Phone: (512)424-2429
     Section(s): None
Appendix B
Resources
B-32
March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
Annabelle Dillard
TX Department of Health
Hazard Communication Branch
1100 West 49th Street
Austin, TX 78756
Phone:(512)834-6603
Toll Free: (800) 452-2791
E-mail: adillard@beh.tdh.state.tx.us
Section(s): 302, 311,312

David Barker
Emergency Response Team (MC 142)
TX Natural Resource Conservation
Commission
Room 241
PO Box 13087
Austin, TX 78711
Phone: (512)463-7727
Section(s): 304

TX Division of Emergency Management
Website:
http://isadore.tsl.state.tx.us/tx/DEM/

Utah
Lorayne Frank, Director, Co-Chairperson
Department of Public Safety
Division of Comprehensive Emergency
Management
1110 State Office  Building
Salt Lake City, UT84114
E-mail: pscm.loraynefrank@state.ut.us
Phone: (801)538-3400
Section(s): None

Jerry Nortin
Division of Comprehensive Emergency
Management
1110 State Office  Building
Salt Lake City, UT84114
Phone:(801)538-3774
E-mail: pscm.jerrynortin@state.ut.us
Section(s): 302, 304
     Neil Taylor
     State Emergency Response Commission
     UT Department of Environmental Quality
     Div. of Environmental Response &
     Remediation
     PO Box 144840
     168 North 1950 West, 1st Floor
     Salt Lake City, UT 84116
     Phone: (801)536-4102
     E-mail: ntaylor@deq.state.ut.us
     Website:
     http://www.eq.state.ut.us/eqerr/serc
     /SERCHOME.HTM
     Section(s):311,312

     Vermont
     George Lowe, Interim Chair
     Department of Public Safety
     103 South Main Street
     Waterbury, VT 05676
     Phone: (802) 244-8721
     Section(s): 304

     Randy Branson
     Department of Public Safety
     103S. Main Street
     Waterbury, VT 05676
     Phone: (802) 244-8721
     Section(s): 302, 311,312

     Virgin Islands
     Austin Moorehead
     Dept. of Planning & Natural  Resources
     Division of Environmental Protection
     Watergut Homes
     1118 Christiansteb
     St. Croix, VI 00820-5065
     Phone: (809) 773-0565
     Section(s): 302, 304, 311,312

     Virginia
     Chairman
     VA Emergency Response Commission
     VA Department of Emergency Services
     310 Turner Road
     Richmond, VA 23225
     Section(s): None
Appendix B
Resources
B-33
March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
Paul Spaulding
VA Emergency Response Council
c/o VA Department of Environmental Quality
PO Box 10009
Richmond, VA 23240-0009
Phone: (804) 698-4480 or 4489
E-mail: plspaulding@deq.state.va.us
Section(s): 302, 304, 311,312

VA Department of Emergency Services
Website: http://www.vdes.state.va.us/

Washington
Chief Robert Johnson
Auburn Fire  Department
1101 D Street NE
Auburn, WA 98002
Phone: (206)931-3060
Section(s): None

John Ridgway
CRTK Unit
Dept. of Ecology
PO Box 47659
Olympia, WA 98504-7659
Phone: (360) 407-6713 or (800) 633-7585
E-mail: jrid461@ecy.wa.gov
Section(s): 302, 304, 311,312

Sadie Whitener
CRTK Unit
Dept. of Ecology
PO Box 47659
Olympia, WA 98504-7659
Phone: (360) 407-6729, or (800) 633-7585
E-mail: swhit461@ecy.wa.gov
Section(s): 302, 304, 311,312

WA State Emergency Management Division
Website: http://www.wa.gov/mil/wsem/
     West Virginia
     Carl L. Bradford, Director
     WV Emergency Response Commission
     WV Office of Emergency Services
     Main Capitol Building 1
     Room EB-80
     Charleston, WV 25305-0360
     Phone: (304) 558-5380
     Section(s): 302, 304, 311,312

     Wisconsin
     Steven D. Sell, Chairperson
     State Emergency Response Board
     Division of Emergency Management
     PO Box 7865
     2400 Wright Street
     Madison, Wl 53707-7865
     Phone: (608) 242-3232
     Section(s): None

     William Clare
     State Emergency Response Board
     2400 Wright Street
     Madison, Wl 53707-7865
     Phone: (608) 242-3232
     Website:
     http://badger.state.wi.us/agencies/dma
     /wem/serb.htm/
     Section(s): 302, 304, 311,312

     Wyoming
     Pete Illoway, Chair
     State Emergency Response Commission
     Wyoming Emergency Management Agency
     5500 Bishop Boulevard
     Cheyenne, WY 82009-3320
     Phone: (307) 777-4900
     Section(s): None

     Bob Bezek
     Wyoming Emergency  Response
     Commission
     Wyoming Emergency Management Agency
     Department of Environmental Quality
     PO Box 1709
     5500 Bishop Boulevard
     Cheyenne, WY 82009-3320
     Phone: (307) 777-4900
     Section(s): 302, 304, 311,312
Appendix B
Resources
B-34
March 1999

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    Multimedia Environmental Compliance Guide for Food Processors


    Local Emergency Planning Committee (LEPC)
                   C?     ;/C?                  ^        *~
Websites
Jo obtain information on your LEPC, contact your State Emergency Response Commission
(SERC) or state environmental agency, or visit the following websites:
Alabama
Madison County EPC (MCEPC)
http://www.ci.huntsville.al.us/ema/

Coffee County LEPC
http://www.snowhill.com/~twilkins/cclepc.
html/

Alaska
Alaska LEPC Chairs
http://www.ak-prepared.com/lepclist.htm/

Colorado
Araphoe County EPC
http://www.sni.net/arapc/

Jefferson County EPC
http://www.gablehouse-epel.com/Jeffcol
htm/

Larimer County LEPC
http://www.co.larimer.co.us/depts/sherif
/emergG. htm/

Connecticut
Connecticut LEPCs by Map
http://www.lepc-len.org/

Florida
Apalachee Regional  Planning Council
http://www.thearpc.org/emermgt/index.html/

Central Florida Regional Planning Council
http://lakeland.tsolv.com/~cfrpc/

District I  LEPC
http://www.wfrpc.dst.fl.us/wfrpc/lepc.htm/

East Central Florida Regional Planning
Council
http://www.orlinter.com/ecfrpc/const.htm/
     Florida District X LEPC
     http://www.tcrpc.org/lepcndx.htm/

     North Central Florida LEPC
     http://www.afn.org/~lepc/

     South Florida LEPC
     http://www.sfrpc.com/current/menu522.htm/

     Southwest Florida Regional Planning
     Council
     http://www.swfrpc.org/haz.htm/

     Tampa Bay Regional Planning Council
     http://access.tampabayrpc.org/lepc/lepc.
     htm/

     District 5 LEPC (Withlacoochee Planning
     Council)
     http://www.atlantic.net/~wrpc/lepc.htm/

     Illinois
     Kane County EPC
     http://www.ameritech.net/users/kcema
     /kcemal.htm/

     Indiana
     Hamilton County LEPC
     http://www.members.iquest.net/~lepc/index.
     htm/

     Tippecanoe County LEPC
     http://www.nfe.com/tema/lepc/lepc.htm/

     Evansville LEPC
     http://www.evansville.net/eville/services
     /lepc.html/

     Indiana LEPCs by Map
     http://www.ai.org/ierc/html/inmap.html/
Appendix B
Resources
6-35
March 1999

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Kansas
Labette County LEPC
http://www.geocities.eom/Heartland/Plains/3
524/lepc.html/

Henderson County LEPC
http://www.dynasty.net/users/
hendersonlepc/

Nelson County Disaster and Emergency
Services
http://www.bardstown.com/~des760/

Louisiana
List of LA LEPCs & Chairpersons
http://www.dps.state.la.us/lsp/tess/rtk
/98RENEWL.html/

Beauregard Parish Office of Emergency
Preparedness
http://www.beau.lib.la.us/~oem/

Ouachita  Parish LEPC
http://www.bayou.com:80/~civil/

Iberville Parish LEPC
http://www.parish.iberville.la.us/911/icaer.ht
m/

Maine
Oxford County LEPC
http://www.megalink.net/~oxctyema/lepc.
htm/

Piscataquis County LEPC
http://www.kynd.com/~pcema/lepc.htm/

Maryland
Harford County LEPC
http://www.co.ha.md.us/lepc.html/

Massachusetts
MA List of LEPCs
http://www.magnet.state.ma.us/dep/bwp/dh
m/tura/turapubs.htm/

Northern Middlesex Area EPC
http://www.tiac.net/users/mclatchy/nmaepc
/nmaepc.htm/
     Merrimack Valley Regional LEPC
     http://www.shore.net/~mvrlepc/

     City of Peabody LEPC
     http://www.shore.net/~chief/lepc1.htm/
     Michigan
     List of Ml LEPCs
     http://www.deq.state.mi.us/ead/sara/

     Ingham County LEPC
     http://www.aware.msu.edu/

     Jackson County LEPC
     http://www.co.jackson.mi.us/ems/lepc.htm/

     Monroe County LEPC
     http://www.monroe.lib.mi.us/mcemd/lepc.
     htm/

     Washtenaw County LEPC
     http://www.co.washtenaw.mi.us/DEPTS/eis
     /eisresp.htm/

     Missouri
     Mid-America LEPC
     http://www.marc.org/lepc.htm/

     St. Charles County LEPC
     http://www.win.org/county/depts/emergenc
     /sccg275h.htm/

     Missouri LEPCs by Map
     http://www.iland.net/mepa/lepc.html/

     Cooper County LEPC
     http://mo-river.net/community/ema/cooper/
     lepc/lepc.htm/

     St. Louis County LEPC
     http://www.co.st-louis.mo.us/oem/lepc.HTM/

     Nebraska
     Sarpy County LEPC
     http://www.sarpy.com/ema/lepc.htm/

     New Jersey
     Fair Lawn LEPC
Appendix B
Resources
B-36
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    Multimedia Environmental Compliance Guide for Food Processors
http://hannover.park.org/Guests/Fairlawn/
em. htm I/

New Mexico
Eddy County LEPC
http://www.carlsbadnm.com/emerprep/lepc.
htm/
New York
Schenectady County, NY LEPC
http://ns1.crisny.org/government/capreg/
sclepc/index.html/

Oswego LEPC
http://www.co.oswego.ny.us/info/newslet/lep
c.html/

Erie County LEPC
http://www.buffalo.edu/esi/eclepc.htm/

North Carolina
Rowan County LEPC
http://www.co.rowan.nc.us/es/lepc/
lepc.htm/

Wake County LEPC
http://www.state.nc.us/Wake/depts/PubSafe
/major/lepc/lepc_hp.htm/

Davidson County LEPC
http://www.co.davidson.nc.us/emfire/lepc.
htm/

Ohio
Ohio LEPC
http://www.state.oh.us/odps/division/ema/
LEPC.htm/

Athen's County LEPC
http://www.seorf.ohiou.edu/~xx017/hide/lepc
/lepc/

Franklin County & Columbus LEPC
http://pie.mhsc.org/FCPHDB/envhlth/lepcOO
O.htm/
     Ohio State Emergency Coordinators
     http://www.epa.ohio.gov/derr/cepps/cepd/le
     pc.html/

     Oregon
     Oregon LEPC
     http://members.aol.com/oregonlepc/lepc.
     html/

     Marion County Emergency Management
     http://www.open.org/memanage/

     Pennsylvania
     Bucks County LEPC
     http://www.buckslepc.com/

     Berks County LEPC
     http://www.snowhill.com/~twilkins/cclepc.
     html/

     Mifflin County LEPC
     http://lcworkshop.com/mifflinco/lepc.htm/

     Texas
     Grayson County LEPC
     http://members.tripod.com/~Burlena/index-
     2. html/

     Taylor County LEPC
     http://www.fireweb.com/TaylorLEPC/

     Houston LEPC
     http://www.ci.houston.tx.us/lepc/index.html/

     Fort Bend County LEPC
     http://www.fortbend.lib.tx.us/emerman/lepc
     /index.htm/

     Cameron County LEPC/Comite Local de
     Ayuda Mutua (CLAM)
     http://www.triplesoft.com/bisn/trip/jlpre
     s.html/

     Matagorda County LEPC
     http://www.man-net.org/emergency/lepc/lep
     c.html/
Portage County LEPC
http://www.pcema.com/pclepc.html
     Harris County: City of Baytown LEPC
     http://www.ci.baytown.tx.us/dept/emer/lepc.
     txt/
Appendix B
Resources
B-37
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Harris County: City of Pasadena LEPC           Milwaukee County LEPC
http://www.flash.net/~pasalepc/                 http://www.mkesheriff.org/html/emerg/lepc.
                                           htm/
Virginia
Fairfax Joint LEPC                            Wyoming
http://members.aol.com/Hazmt96/hmerp.ht        Wyoming Emergency Management Agency
m/                                         http://132.133.10.97

Washington
Kings County LEPC
http://www.metrokc.gov/prepare/hazardou.
htm/
Spokane City/County LEPC
ttp://www.spokanecounty.org/emergencymg
mt/lepc.htm/

Wisconsin
Ozaukee County Department of Emergency
Management
http://www.execpc.com/~n9unr/ozares/
Appendix B
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    Multimedia Environmental Compliance Guide for Food Processors
                 APPENDIX C   REFERENCES
 1.   The  Guide: What it Is; What it Does

Barlett, Kerry L., Lester, Richard R., and Pojasek, Robert B. Prioritizing Pollution Prevention
Opportunities With Activity-Based Costing. Pollution Prevention Review. Cambridge:
Cambridge Environmental Inc. October 1995.

U.S. Department of Commerce, Bureau of the Census.  1994 Census of Manufacturers:
Subject Series. Accessed via the Internet at http://www.census.gov/prod/www/titles.html#mm.

Office of Management and Budget, Executive Office of the President. Standard Industrial
Classification Manual, 1987.

U.S. Environmental Protection Agency.

   An Introduction to Environmental Accounting As A Business Management Tool: Key
   Concepts and Terms. EPA 742-R-95-001. June 1995.

   Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations.
   Federal Register: December 22,1995 (60 FR 246).

   Policy on Compliance Incentives for Small Businesses. Federal Register: June 3, 1996 (61
   FR 27984).

   EPA Position Statement on Environmental Management Systems and ISO 14001 and a
   Request for Comments on the Nature of the Data to be Collected from Environmental
   Management System/ISO 14001 Pilots. 63 FR 12094-97.  March 12, 1998

   Statement on State Audit Privilege and Immunity Laws.  Steven A. Herman. Assistant
   Administrator. Office of Enforcement And Compliance Assurance.  Before the Committee
   on Commerce Oversight And Investigations Subcommittee. United States House of
   Representatives. Presented on March 17, 1998.


2.   Guide to EPA's Major Federal Environmental

      Statutes

National Food Processors Association.

   1993 Report of Scientific and Technical Activities.  Washington, D.C. 1994

   Source Book of State Laws & Regulations for Food Processors.  June 1996.
Appendix C
References                             C-I                            March 1999

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    Multimedia Environmental Compliance Guide for Food Processors


U.S. Environmental Protection Agency.

    FY1991 Enforcement Accomplishments Report. Office of Enforcement. Off ice of
    Compliance Analysis and Program Operations. April 1992. EPA 300-R92-008.

    FY 1992 Enforcement Accomplishments Report. Office of Enforcement. Office of
    Compliance Analysis and Program Operations. April 1993. EPA 300-R93-001.

    FY 1993 Enforcement Accomplishments Report. USEPA.  Office of Enforcement.  Office of
    Compliance Analysis and Program Operations. April 1994. EPA 300-R-94-003.

    Industry Profiles: Food and Kindred Products and Stone, Clay, Glass, and Concrete. Office
    of Solid Waste. July 1994.

    FY 1994 Enforcement and Compliance Assurance Accomplishments Report. Office of
    Enforcement and Compliance Assurance. Office of Compliance. May 1995. EPA300-R-
    95-004.

    Preliminary Summary of Food Sector Cases From Enforcement and Compliance Assurance
    Accomplishments Reports Fiscal Years 1991-1994. Office of Compliance.  1995.

    FY 1995 Enforcement and Compliance Assurance Accomplishments Report. Office of
    Enforcement and Compliance Assurance. Office of Compliance. July 1996. EPA300-R-
    96-006.
           '"  i,"'11'            •
    FY 1996 Enforcement and Compliance Assurance Accomplishments Report. Office of
    Enforcement ^nd Compliance Assurance. Office of Compliance. 1997.

    Preliminary Summary of Food Sector Cases From Enforcement and Compliance Assurance
   Accomplishments Reports Fiscal Years 1995-1996. Office of Compliance.  1997.

    Compliance and Enforcement History of the Food Processing Industry: December 1991 -
    December 1996 (Draft).  Office of Compliance. April 1997.

    FY 1997 Enforcement and Compliance Assurance Accomplishments Report. (Draft) Office
    of Enforcement and Compliance Assurance. Office of Compliance. April 1998.

Walsh, James L. and Ray, B. Russell. The Impact of Environmental Regulations on the Food
Processing Industry. Accessed via the Internet at http://w\eoeml-www.gtri.gatech.edu/
lab/eeb_foodpac-regs.html.


3.    Understanding the Process: Inputs, Outputs,

      and  Applicable Environmental Regulations

U.S. Environmental Protection Agency. Industry Profiles: Food and Kindred Products  and
Stone, Clay, Glass, and Concrete. Office of Solid Waste. Prepared by ICF Inc. July 1994.
Appendix C
References                             C-2                            March 1999

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    Multimedia Envfronmenta/ Compliance Guide for Food Processors
Walsh, James L, Ross, Charles, C., and Valentine, G. Edward.
   "Food Processing Waste." Water Environment Research.  Vol. 65, No. 4. June 1993.
   "Food Processing Waste." Water Environment Research.  Vol. 66, No. 4. June 1994.
4.   How Do I Comply  With Wastewater Discharge
      and Related Regulations?
American Bakers Association. "Model Storm Water Permit." February 19,1992.
Carawan, Roy et.al. "Spinoff On Fruit and Vegetable Water and Wastewater Management."
Industrial Water Conservation References of Food Processing. California Department of Water
Resources.  1989.
Law/Crandall, Inc. Storm Water Pollution Prevention Plan (Draft). Prepared for Martino's
Bakery, Burbank, California. Law Project No. 58-162001.01. September 21, 1992.
National Canners Association. Liquid Wastes From Processing Fruits, Vegetables, and
Specialities. Western Research Laboratory. Berkeley, California. # 1671, D-2765.
Robillard, Paul D. And Elliot, H.A.  Waste Management and Water Conservation in the Food
Processing Industry. Proceedings of the Food Processing Waste Management and Water
Conservation Conference. November 1989.
U.S. Environmental Protection Agency.
   Red Meat Processing: Segment of the Red Meat Product and Rendering Processing Point
   Source Category. Office of Air and Water Programs. EPA-440/1 -74-012-a. February
   1974.
   Dairy Product Processing: Point Source Category.  EPA-440/1 -74-021 -a. Office of Air and
   Water Programs. May 1974.
   A Plain English Guide to the EPA Part 503 Biosolids Rule.  Office of Wastewater
   Management.  EPA/833/R-93/003.  September 1994.
   "Storm Water Discharges Associated With Industrial Activity from Food and Kindred
   Products Facilities." 60 FR 189. September 29,1995.
   Overview of the Storm Water Program. Office of Water. EPA 833-R-96-008. June 1996.
Water Pollution Control Federation.  Municipal Strategies for the Regulation of Sewer Use:
Manual of Practice No. SM-7. 1988.
Appendix C
References                              C-3                             March 1999

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    Multimedia Environmental Compliance Guide for Food Processors



5.   How Do I Comply With Safe  Drinking Water

      Regulations?

U.S. Environmental Protection Agency.

   Environmental Pollution Control Alternatives: Drinking Water Treatment for Small
   Communities. April 1990.

   Class V Injection  Wells Regulatory Amendments. Office of Water. August 1995. Accessed
   via the Internet on May 5,1997. http://www.site.net/gwpc/uicvepa.htm


6.   How  Do I Comply With Air Regulations?

Faulkner, Kelly F. "CAA's Operating Permit Program: Who's On First." Environmental
Solutions. Vol. 7, No. 6. June 1994.

Food Manufacturing Coalition. Odor Control of Food Processing Operations By Applications of
Air Cleaning Technologies. Project Code: ET-5-A (11). University of Nebraska Food
Processing Center. Dr. Steve Taylor, Director. June 1,1996. Accessed via the Internet at
http://ceres.esusda.gov/fimc/need-08.htm

Government Institutes, Inc., Clean Air Handbook 3rd Edition 1998.

Parnell, C.B. and Wakelyn, P.J. Regulation of Agricultural Operations Using Emission Factors
and Process Weight  Tables.

Rocco, Vincent A.  "Air Pollution Control." Environmental Solutions. Vol. 8, No. 6. June 1995.

U.S. Environmental Protection Agency.

   Odor and Corrosion Control in Sanitary Sewerage Systems and Treatment Plants. Office of
   Research and Development.  EPA/625/1-85-018. October 1985.

   Asbestos/NESHAP Adequately Wet Guidance. Office of Air and Radiation. EPA 340/1-90-
   019.  December 1990.

   Asbestos NESHAP Milling, Manufacturing, and Fabricating Operations: Field Inspection
   Checklist Office  of Enforcement.  March 1992.

   Asbestos/NESHAP Regulated Asbestos Containing Materials  Guidance.  Office of Air and
   Radiation. EPA 340/1-90-018. December 1990.

   Applicability of the Asbestos NESHAP to Asbestos Roofing Removal Operations: Guidance
   Manual. Office of Air and Radiation.  EPA 340-B-94-001.  August 1994.
Appendix C
References                              C-4                             March 1999

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    Multimedia Environmental Compliance Guide for Food Processors


   Common Questions on the Asbestos NESHAP. Office of Air and Radiation. EPA 340/1-90-
   021.  December 1990.

   A Guide to the Asbestos NESHAP: As Revised November 1990. Office of Air and
   Radiation. EPA 340/1-90-015. November 1990.

   Guidelines for Asbestos NESHAP Demolition and Removal Inspection Procedures. Office
   of Air and Radiation. EPA 340/1-90-007. November 1990.

   Reporting and Recordkeeping Requirements for Waste Disposal: A Field Guide. Office of
   Air and Radiation. EPA 340/1-90-016. November 1990.

   Risk Management Planning: Accidental Release Prevention. Final Rule: Clean Air Act
   Section 112(r) Fact Sheet. EPA 550-F-96-002. May 1996.

   General Guidance for Risk Management Programs (40 CFR 68). EPA 550-B-98-003. July
   1998.

   RMP Series. EPA's Risk Management Program: How Does It Affect Operators of Ammonia
   Refrigeration Systems? EPA 550-F98-006.1998

   RMP Series. EPA's Risk Management Program: How Does It Affect POTWs? EPA 550-
   F98-007. 1998

   RMP Series. EPA's Risk Management Program: How Does It Affect Propane Retailers and
   Users? EPA 550-F98-008. 1998

Water Environment Federation and American Society of Civil Engineers.  Odor Control and
Wastewater Treatment. 1995


7.   How Do I Comply With the Emergency

      Planning and Community Right-to-Know Act

      Regulations?

International Institute of Ammonia Refrigeration (IIAR). IIAR Ammonia Refrigeration Education
& Training Program: Basic Ammonia Refrigeration. 1200 19th Street, NW, Suite 300,
Washington, DC 20036-2412.

U.S. Environmental Protection Agency.

   Report to President Clinton. Expansion of Community Right-to-Know Reporting to Include
   Chemical Use Data: Phase III of the Toxic Release Inventory.

   Toxics Release Inventory: Reporting Requirements. Accessed via the Internet on October
   28, 1997. http://www.epa.gov/opptintr/tri/rptreq.htm
Appendix C
References                             C-5                            March 1999

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    Multimedia Environmental Compliance Guide for Food Processors

               ".,!     ' .                     '      ':; ".      i     ,  • : ',
    Chemicals in Your Community: A Guide to the Emergency Planning and Community Right
    to Know Act. Chemical Emergency Preparedness and Prevention Office (CEPPO).
    EPA550-K-93-003. September 1988.  Accessed via the Internet at
    http://www.epa.gov/swercepp/pubs/chem-com.htmWP2fire.

    Section 313 Emergency Planning and Community Right-to-Know Act: Guidance for Food
    Processors. Office of Pesticides and Toxic Substances. EPA 560/4-90-014.  June 1990.

    1992 Toxics Release Inventory Public Data Release. Office of Pollution Prevention and
    Toxics. 1992.

    1994 Toxics Release Inventory Public Data Release. Office of Pollution Prevention and
    Toxics. 1994.

    "Rankings of Three-Digit SIC Categories for the Food and Kindred Products Sector of 1992
    TRI Releases." Analysis from OECA's Targeting Work Group.  March 1995.

    Emergency Planning and Community Right-To-Know Section 313: Guidance for Reporting
    Aqueous Ammonia.  Office of Pollution Prevention and Toxics.  EPA 745-R-95-003. July
    1995.

    EPCRA Section 313 Reporting Guidance for Food Processors, Office of Prevention,
    Pesticides and Toxic Substances. EPA 745-R-98-011. September 1998.
              "":t  l       '   '   •  •  '  ' '     '    "    '     '"' ;    .,•'•,       ' • '. ;
Walsh, James L. and Foley, Carol C. An Update of SARA Title III: Toxic Release Inventory
Reports for the Food Processing Industry -1991. 1991  Food Industry Environmental
Conference.  Georgia Tech Research Institute. Atlanta,  Georgia. 1991.


8.   How Do I  Comply With the Hazardous Waste

      Regulations?

U.S. Environmental Protection Agency.

    Land Disposal Restrictions Phase IV; Final Rule.  Federal Register: May 12, 1997 (62 FR
   91).

    Doing Inventory Control Right For Underground Storage Tanks. Office of Solid Waste and
    Emergency Response. EPA 510-B-93-004. November 1993

   Manual Tank Gauging For Small Underground Storage Tanks. Office of Solid Waste and
   Emergency Response. EPA 510-B-93-005. November 1993

    Don't Wait Until 1998: Spill, Overfill, and Corrosion Protection For Underground Storage
    Tanks. Office of Solid Waste and Emergency Response.  EPA 510-B-94-002. April 1994.

    Environmental Regulations and Technology: Managing Used Motor Oil. Office of Research
   and Development. EPA/625/R-94/010. December 1994.


Appendix C
References                              C-6                             March 1999

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   Multimedia Environmental Compliance Guide for Food Processors


   Understanding the Hazardous Waste Rule: A Handbook for Small Businesses -1996
   Update. Office of Solid Waste and Emergency Response. EPA 530-K-95-001. June 1996.

   Closing Underground Storage Tanks. Office of Solid Waste and Emergency Response.
   EPA510-F-96-004. August 1996.

   Managing Used Oil: Advice for Small Businesses. Office of Solid Waste and Emergency
   Response. EPA 530-F-96-004. November 1996.


9.   How Do I  Comply With Spill or Chemical

      Release  Requirements?

U.S. Environmental Protection Agency.

   Chemicals in Your Community: A Guide to the Emergency Planning and Community Flight
   to Know Act. Chemical Emergency Preparedness and Prevention Office (CEPPO).
   EPA550-K-93-003. ^September 1988. Accessed via the Internet at
   http://www.epa.gov/swercepp/pubs/chem-com.htmWP2fire.

   Understanding OH Spills and Oil Spill Response. Office of Emergency and Remedial
   Response, Emergency Response Division. Publication 9200.5-105. EPA 540-K-93-003.
   October 1993

   Risk Management Planning: Accidental Release Prevention — Final Rule: Clean Air Act
   Section 112(r). Office of Solid Waste and Emergency Response. EPA 550-F-96-002. May
   1996.


 10.    Other Major  Environmental Statutes  and

         Regulations: CERCLA, RCRA Subtitle  D,

         FIFRA and TSCA

Kashmanian, Richard  M., Food Production and Environmental Stewardship: Examples of How
Food Companies Work With Growers, U.S. EPA, Office of Policy, Planning, and Evaluation.
EPA231-R-98-00. January 1998.

New York State College of Agriculture and Life Sciences at Cornell University. Pesticide
Applicator Training Manual Category 7: Industrial, Institutional, Structural, and Health Related
Pest Control -- Food Processing.  March 1978.

Parmley, Mary Ann. Modernizing Meat Inspection. U.S. Department of Agriculture.

Ristaino, Jean B. Agriculture, Methyl Bromide, and the Ozone Hole: Filling the Gaps.
AAAS/EPA Environmental Science and Engineering Fellow. Summer 1996.
Appendix C
References                            C-7                            March 1999

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    Multimedia Environmental Compliance Guide for Food Processors


U.S. Department of Agriculture. Food Safety and Inspection Service. Almost Comprehensive
List of Water-Related Issuances. June 1992.
           	                 ,                '          !;(„;
U.S. Department of Agriculture - Food Safety & Inspection Service. Protecting the Public from
Foodborne Illness: The Food Safety and Inspection Service." FSIS Backgrounder. January
1995.

U.S. Department of Agriculture - Food Safety & Inspection Service. "A Farrn-to-Table Food
Strategy." FSIS Key Facts. January 1995.

U.S. Department of Agriculture. "USDA Unveils Sweeping New Food Safety Proposals."
NEWS.  Office of Communication.  Release No. 0072.95. January 31,1995.

U.S. Department of Agriculture - Food Safety & Inspection Service. "FSIS Pathogen
Reduction/HACCp Proposal." FSIS Backgrounder. February 1995.

U.S. Environmental Protection Agency.

    FARMFERT. Computer software providing guidance on proper handling and storage of
    pesticides, available at http://www.epa.g6v/grtlakes/seahome/farmpest.html. 1991

    Worker Protection Inspection Guidance, EPA 722-B-94-002, Office of Prevention,
    Pesticides, and Toxic Substances.  January 1994.

    Instructions for Reporting for the 1994 Partial Updating of the TSCA Chemical Inventory
    Data Base, Office of Prevention, Pesticides, and Toxic Substances, EPA 749-K-94-001.
    June 1994.

    Part II: U.S. Department of Agriculture - Food Safety and Inspection Service. 9 CFR Part
    308 et al.  Federal Register. February 3, 1995.

    "Raw Agricultural and Processed Commodities and Feedstuffs Derived from Field Crops."
    Pesticide Assessment Guidelines Subdivision O Residue Chemistry Table II. Office of
    Prevention, Pesticides and Toxic Substances.  September 1995.
 1 1.    Pollution  Prevention  Techniques


General

Barlett, Kerry L, Lester, Richard R., and Pojasek, Robert B. Prioritizing Pollution Prevention
Opportunities With Activity-Based Costing.  Pollution Prevention Review. Cambridge:
Cambridge Environmental Inc. October 1995.

Carawan, Roy et al. "Spinoff on Fruit and Vegetable Water and Wastewater management,"
presented in Industrial Water Conservation References of Food Processing, California
Department of Water Resources. 1989.

Appendix C
References                                C-8                              March 1999

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    Multimedia Environmental Compliance Guide for Food Processors


City of Los Angeles Department of Public Works. Port of Los Angeles Pollution Prevention
Project: Fish Processing/Canning Facility Assessment. Prepared for City of Los Angeles
Department of Public Works, Hazardous and Toxic Materials Office, and U.S. Environmental
Protection Agency, Region IX.  April 1994.

Crowley, Joseph C. and Sperber, Bob. "At KGF, Efficiency Meets 'Environmental
Correctness'."

Delaware Department of Natural Resources and Environmental Control. A Pollution Prevention
Guide for Food Processors. Pollution Prevention Program. Dover, DE., 19903. 1994.

Henry, Donald L. Food Processing: Selecting a Site for Tomorrow. 1996.

Jones, Harold R. Pollution Control in the Dairy Industry. Park Ridge, NJ: Noyes Data
Corporation.  1974.

Northeast Waste Management Officials' Association (NEWMOA).  Pollution Prevention and
Profitability: A Primer For Lenders.  1996.

Purdue University. Computer Integrated Food Manufacturing Center. Accessed via the
Internet at http://www.foodsci.purdue.edu/cifmc/publications/brochure.html

Robillard, Paul D. And Elliot, H.A.  Waste Management and Water Conservation in the Food
Processing Industry. Proceedings of the Food Processing Waste Management and Water
Conservation Conference. November 1989.

Spitzer,  Martin A.,  Pojasek, Robert, Robertaccoi, Francis L., and Nelson, Judith. Accounting
and Capital Budgeting for Pollution Prevention.  Pollution Prevention Staff. U.S. Environmental
Protection Agency. January 13, 1993. Paper presented at the Engineering Foundation
Conference, "Pollution Prevetion ~ Making It Pay: Creating a Sustainable Corporation for
Improving Environmental Quality," San Diego, CA. January 24-29,1993.

U.S. Department of Agriculture. "Guidelines for the Safe Reuse of Treated Effluent Water for
Meat and Poultry Processing."  Report of Water Guidelines Task Force.  June 1990.

U.S. Environmental Protection Agency - New England. Financing Pollution Prevention
Investments: A Guide for Small and Medium-Sized Businesses. Undated.

U.S. Environmental Protection Agency and U.S. Agency for International Development.
Manual: Guidelines for Water Reuse. EPA/625-R-93-004. September 1992.

U.S. Environmental Protection Agency.

    Wise Guides: Energy Efficient, Cost Effective Actions for Food Processors. Climate Wise
    Program.  Undated.

    Overview of Environmental Control Measures and Problems in the Food Processing
    Industries. Office of Research and Development.  EPA-600/2-79-009. January 1979.
Appendix C
References                                C-9                               March 1999

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    Multimedia Environmental Compliance Guide for Food Processors

                "ij      ,   •,           .          >•      "."I-,                •         , i
    Economic and Environmental Impact Case Studies: Food Processing. Climate Wise.
    Office of Policy, Planning, and Evaluation.  Undated.

    Pollution Prevention Case Studies Compendium. EPA/600/R-92/046. April 1992.
 '•           •  ";;            •'••  '"     •         '      :     •„'  •       ,      .      ''   .•   i:ii
    Environmental Research Brief: Waste Minimization Assessment for a Dairy. Office of
    Research and Development. EPA/600/S-92/005. June 1992.

    Environmental Research Brief: Waste Minimization Assessment for a Manufacturer of Corn
    Syrup and Corn Starch. Office of Research and Development. EPA/600/S-94/016.
    September 1994.

    Revi'ew of Pollution Prevention and Waste Minimization Techniques Used by the Meat and
    Poultry Processing Industry. September 1994.

    Technology Transfer. Office of Research and Development. EPA/600/N-94-013. October
    1994.

    Case Study: A Better Tasting Pizza Sauce? NICE3 Industry Uses an Energy-Saving
    Osmotic Filtration System.  March-April 1995.

    Food and Kindred Products Package-Poultry, Dairy, and Shrimp. Pollution Prevention
    Information Clearinghouse/ 1995
               ]l:    ,                       ,              •         '  ,     ,n     M  ' '" „  " !•! '
    Food Processing: A Sector Study on Potential to Influence Environmental Sustainability of
    Food Production. April 1996.

    Pollution Prevention News.  Office of Pollution Prevention and Toxics. EPA 742-N-96-006.
    October-November 1996.

    Excellence and Leadership in Environmental Protection. EPA 231 -F-97-001. March 1998.

University of Wisconsin-Extension. Small Business Waste Reduction Guide. Solid and
Hazardous Waste Education Center.  September 1996.

Washington State Department of Ecology.

    Pollution Prevention in Fruit and Vegetable Food Processing Industries. #94-56.  March
    1994.
                                         ,   .'                        -i,          i!1'',,

    Food Processor: A Success Story in Commercial Recycling and Waste Reduction. Solid
    Waste Services Program.  May 1994.


Residuals Management

B., J.  "Juice Company Recycles Residuals." Biocycle. November 1991.

Brandt, Robin C. and Martin, Kelli S.  The Food Processing Residual Management Manual.
Pennsylvania Department of Environmental Resources.  2500-BK-DER-1649.  1994.

Appendix C
References                              C-IO                              March 1999

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    Multimedia Environment al Compliance Guide for Food Processors
G., J. "Recycling Industrial By-Products in Vermont." Biocycle. September 1991.
Robillard, Paul D. et al. Recycling Food Processing Wastes in Pennsylvania: A Summary
Report for the Ben Franklin Partnership Program.  Pennsylvania Food Industry Council. August
1992.
S., R. "Turning Residuals Into Bioproducts." Biocycle.  November 1992.
U.S. Environmental Protection Agency. Significance of Food Processing By-Products as
Contributors to Animal Feeds: Phase I Food Processing Survey. Prepared by the Office of
Pesticides Programs, by the following: Rose, Walter W., Pedersen, Leo D., and Redsun,
Harold, National Food Processors Association, Dublin, CA., and Butner R. Scott, Battelle
Pacific  Northwest Laboratories, Richland, WA. Contract Number 68-802-42643, EPA/HED #8.
October 1989.
Composting
Biocycle.
    "Blending Compost With Fertilizers." February 1993.
   "Regional Composting of Waste Paper and Food." January 1995.
Brinton, Richard.  "Low Cost Options For Fish Waste." Biocycle. March 1994.
Criner,  George K., Kezis, Alan  S., and O'Connor, John P. "Regional Compositing of Waste
Paper and Food."  Biocycle. January 1995.
Grobe,  Karin.  "Composter Links Up With Food Processor." Biocycle. July 1994.
Kashmanian, Richard  M.  "Poultry Industry Finds Added Value in Composting." Biocycle.
January 1995.
Logsdon, Gene. "Turnaround in the Poultry Industry."  Biocycle. February 1993.
Lowe, Eric D. and Buchmaster, Dennis R. "Dewatering Makes Big Difference in Compost
Strategies." Biocycle. January 1995.
Ritchie, James D.  "Fertilizing With  Cheese Plant Sludge." Biocycle.  February 1992.
Zorzi, G. et al. "Cocomposting  Industrial Biomass." Biocycle. June  1992.
State Activities
Michigan Departments of Commerce and Natural  Resources. Waste Reduction Checklist.
Office of Waste Reduction Services. #8905. December 1989.
Appendix C
References                               C-l I                               March 1999

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    Multimedia Environmental Compliance Guide for Food Processors
               i,i H!    ''           •       .                  I „,  "  i

Minnesota Office of Waste Management.

   Feeding Food By-Products to Livestock. Minnesota Technical Assistance Program. 4/91 -
   77.
               , ,lj ,        ,       '
   Source Reduction and Disposal Alternatives for Commercial Food Producers.  Minnesota
   Technical Assistance Program. 4/91-76.

   Waste Source Reduction Checklist. April 1991.

Minnesota TAP, ItfNTAP Fact Sheet: Composting and Landspreading Commercial Food
Wastes.  1994. Accessed via the Internet on September 16,1996.

New York State Department of Sanitation.  Blue Ridge Farms, Inc. - Waste Prevention
Recommendations and Facility Assessment Report. October 1996.

New York State Energy Office.  NYS Industrial Competitiveness: Spiral Belt Freezer.  February
1995.

North Carolina Agricultural Cooperative Extension Service.  North Carolina Pollution Prevention
Pays Program.

   Bank or Drain: Cut Waste to Reduce Surcharges for Your Dairy Plant. CD-26.  March 1996.
   http:\\www.bae.ncsu.edu/baeprograms/extension/publicat/wqwm/cd26.html

   Bank or Drain: Dairy CEO's: Do You Have a $500 Million Opportunity? CD-29.

   Bank or Drain: Liquid Assets for Your Dairy Plant. CD-21.

   Bank or Drain: Liquid Assets for Your Poultry Plant.  CD-20.

   Bank or Drain: Pollution Prevention in Shrimp Processing. CD-25.

   Bank or Drain: Poultry CEO's: You May Have a $60 Million Opportunity.  CD-24.

   Bank or Drain: Survey Shows That Poultry Processors Can Save Money by Conserving
   Water. CD-27.
j. i         ;':" nf   I                                    •
   Bank or Drain: Using COD to Measure Lost Product. CD-38. July 1991.

   Bank or Drain: Using Food Processing By-Products for Animal Feed. CD-37. August 1991.

   Bank or Drain: Water and Wastewater Management in a Dairy Processing Plant. CD-28.
           . i-   a            '                            .          ••      •
North Carolina Department of Environment, Health, and Natural Resources.

   Pollution Prevention Tips: Managing Food Preparation Wastes.  May 1993.

   Pollution Prevention Tips: A First Step to Waste Reduction: The Six-Step Waste Audit.
   October 1993.

Appendix C
References                              C-12                              March 1999

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    Multimedia Environmental Compliance Guide for Food Processors


   Pollution Prevention Program: Case Studies A compilation of successful waste reduction
   projects implemented by North Carolina businessess and industries." Case Studies SIC
   2000: Food and Kindred Products." Pollution Prevention Program, Office of Waste
   Reduction.  December 1994.

Ohio Environmental Protection Agency. Office of Pollution Prevention.

   Pollution Prevention Assessment for Luigino's, Inc., Jackson, Ohio.  January 1993.

   Pollution Prevention Information Available From Ohio EPA. January 1995.

Oregon Department of Energy.

   "Plate Cooler Keeps Bacteria Down, Profits Up."  Business Focus. 330/55. 9-88/1000.

   "Styton Canning Cuts Costs With Energy Efficiency." Business Focus.  330/26.  12-
   86/1000.

   "Tax Credit Helps Carnation Cut Costs."  Business Focus. 330/9. 9-86/500.


Innovative Technology

Environmental & Productivity Technology Innovation for the Food Manufacturing Industry.
Reduction of Food Processing Waste Stream Volume Through Membrane Filtration - ET-2-A-
(1). May 1996.

Food Manufacturing Coalition. Solutions to Environmental Quality & Productivity Problems
Through Technological Innovation in the Food Manufacturing Industry.  Accessed via the
Internet at http://ceres.esusda.gov:80/fmc/


Voluntary Programs

U.S. Environmental Protection Agency.

   The Climate is Right for Action: Voluntary Programs to Prevent Atmospheric Pollution.
   EPA 430-K-94-004. August 1994.

   Partnerships In Preventing Pollution: A Catalogue of the Agency's Partnership Programs.
   Office of the Administrator.  EPA 10O-B-96-001.  1996.
Appendix C
References                               C-I3                              March 1999

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