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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Multimedia Environmental Compliance Guide for Food Processors
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
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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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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.
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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
March 1999
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Multimedia Environmental Compliance Guide for Food Processors
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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Multimedia Environmental Compliance Guide for Food Processors
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
3-1
March 1999
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Multimedia Environmental Compliance Guide for Food Processors
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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Multimedia Environmental Compliance Guide for Food Processors
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
March 1999
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Multimedia Environmental Compliance Guide for Food Processors
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
3-4
March 1999
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Multimedia Environmental Compliance Guide for Food Processors
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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Multimedia Environmental Compliance Guide for Food Processors
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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Multimedia Environmental Compliance Guide for Food Processors
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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Multimedia Environmental Compliance Guide for Food Processors
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
3-8
March 1999
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Multimedia Environmental Compliance Guide for Food Processors
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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Multimedia Environmental Compliance Guide for Food Processors
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Figure 3-3. Process Waste Analysis Worksheet
Inputs
Outputs
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Finished Products
Understanding the Process:
Inputs, Outputs, and Applicable
Federal Environmental Regulations
3-11
March 1999
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Multimedia Environmental Compliance Guide for Food Processors
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Multimedia Environmental Compliance Guide for Food Processors
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
Discharge and Related Regulations?
4-\
March 1999
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Multimedia Environmental Compliance Guide for Food Processors
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.
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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
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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
under RCRA Subtitle D.
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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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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
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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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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Multimedia Environmental Compliance Guide for Food Processors
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:
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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Multimedia Environmental Compliance Guide for Food Processors
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
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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
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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
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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
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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
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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
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Regulations Under the CWA
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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
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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
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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
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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
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Regulations Under the SDWA
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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
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Regulations Under the SDWA
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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
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Regulations Under the SDWA
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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
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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.
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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).
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
Appendix B
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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.
Appendix B
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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.
Appendix B
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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
Appendix B
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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/
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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/
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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
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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/
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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
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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
B-20
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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
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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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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
Resources B-38 March 1999
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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
-------
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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