United States
             Environmental Protection
             Agency
Office of Enforcement and
Compliance Assurance (2221A)
EPA 305/B/97/007
March 1998
oEPA     Empower Your Cooperative
             Environmental Compliance Guide for the
             National Rural Electric Cooperative Association

-------

-------
                                  EPA 305/B/97/001
                                  March 1998
     EMPOWER YOUR COOPERATIVE
Environmental Compliance Guide for the
National Rural Electric Cooperative Association
March 1998
Office of Compliance
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2221-A)
Washington, DC 20460

-------
Empower Your Cooperative
                                    DISCLAIMER
           This manual was prepared by SAIC for the Manufacturing, Energy, and
           Transportation Division of the U.S. Environmental Protection Agency. It
           has been completed in accordance with EPA Contract No. 68-C4-0072,
           Work Assignment No. EC-3-2 (OC).  This document is intended for
           information purposes ONLY, and may not in any way be interpreted to
           alter or replace the coverage or requirements of the relevant standards of
           the U.S. Environmental Protection Agency. Additionally, any mention of
           product names does not constitute endorsement by the U.S.
           Environmental Protection Agency.

           Complimentary copies of this manual are available to certain groups or
           subscribers, such as public and academic libraries; Federal, State, and
           local governments; and the media from EPA's National Center for
           Environmental Publications and Information at (800) 490-9198.

           In addition, an electronic version of this manual is available via the
           Internet on the World Wide Web. Downloading instructions are provided
           on page iii.

-------
                                   Empower Your Cooperative
    INSTRUCTIONS FOR DOWNLOADING MANUAL
Electronic Access to this Manual via the World Wide Web (WWW)

This manual is available on the Internet through the World Wide Web.
The Enviro$ense Communications Network is a free, public, interagency-
supported system operated by EPA's Office of Enforcement and
Compliance Assurance and the Office of Research and Development.
The Network allows regulators, the regulated community, technical
experts, and the general public to share information regarding: pollution
prevention and innovative technologies; environmental enforcement and
compliance assistance; laws, executive orders, regulations, and policies;
points of contact for services and equipment; and other related topics.
The Network welcomes receipt of environmental messages, information,
and data from any public or private person or organization.
Access Through the Enviro$ense World Wide Web

To access this manual though the Enviro$ense World Wide Web, set your
World Wide Web Browser to the following address:
    http://es.epa.gov/oeca/metd/power.html

    or use

    http://WWW.epa.gov/oeca -  then select the button labeled
                                  Industry and Gov't Sectors and
                                  then select Utilities.  The manual
                                  will be listed.


Direct technical questions to the Feedback function at the bottom of the
web page or call Shhonn Taylor at (202) 564-2502

-------
Empower Your Cooperative
                              TABLE OF CONTENTS
           1.  INTRODUCTION  	1-1

               1.1  PURPOSE AND SCOPE  	1-1
                   1.1.1   Complying with Laws and Regulations that Apply to
                          Cooperatives	1-2
               1.2  ORGANIZATION  	1-4
               1.3  RECOMMENDATIONS FOR POLLUTION PREVENTION
                   TECHNIQUES 	1-4
               1.4  RESOURCES	1-6
                   1.4.1   EPA Regional Offices	1-6
                   1.4.2   State Solid and Hazardous Waste Agencies  	1-7
           2. HOW DO I MANAGE MY PCB EQUIPMENT?  	2-1

              2.1   HOW ARE PCBs REGULATED?	2-2
              2.2   WHY WERE PCBs REGULATED?  	2-2
              2.3   DO THE PCB REGULATIONS APPLY TO ME?  	2-3
                    2.3.1   Electrical Equipment Containing PCBs	2-3
                    2.3.2   Liquids Containing PCBs  	2-4
                    2.3.3   Spill Material	2-4
              2.4   HOW DO I MANAGE EQUIPMENT AND STORED
                    FLUIDS CONTAINING PCBS?	2-5
                    2.4.1   How Do I Tell Whether My Equipment Contains
                          PCBs and the PCB Concentration?  	2-5
                          How Do I Determine the PCB Concentration of
                             My Equipment?	2-6
                    2.4.2   Use Requirements for Specific Equipment Types . . 2-9
                          RGB-contaminated Transformers and Capacitors .. 2-9
                          PCB Transformers and Capacitors	2-10
                          Bushings	2-12
                          Oil Switches and Voltage Regulators	2-12
                          Electrical Light Ballasts	 2-13
                          Circuit Breakers and Reclosers	2-14
                    2.4.3   What PCB Equipment Must Be Marked?  	2-14
                          How and When Do I Use the Labels?	2-14
                          What Must Be Marked?	2-15
                    2.4.4   Inspection Requirements  	2-16
                    2.4.5   Servicing Requirements  	2-17
                    2.4.6   Reclassification Requirements  	2-18
                   2.4.7   Storage for Disposal Requirements  	2-19
                          Requirements for Storage for Disposal Areas .... 2-20
IV

-------
                                   Empower Your Cooperative
                One-year Storage Limitation	2-24
        2.4.8   Disposal Requirements	2-24
                Manifesting Your PCB Waste for Transportation
                   to the Disposal Contractor	2-28
        2.4.9   How Can You Reduce the Risks Involved with
                PCB Transformers?  	2-29
                Begin an Inventory Program	2-29
                Never Let a Transformer Leave Your Control
                   Without Knowing its PCB Concentration	2-29
                Dispose of Your PCB Transformers (500 ppm or
                   greater)  	2-30
                Reclassify Your PCB Transformer (500 ppm or
                   greater) or Your PCB-contaminated
                   Transformer (50-499 ppm)  	2-30
                Enclose Your PCB Transformer (500 ppm or
                   greater)  	2-30
                Inspect Your PCB Transformers (500 ppm or
                   greater) and Your PCB-contaminated
                   Transformers (50-499 ppm)  	2-30
                Plan Ahead for Emergencies  	2-31
   2.5  SPILLS, LEAKS, AND FIRES	2-31
        2.5.1   Spill Cleanup Requirements	2-31
        2.5.2   What Do I Do if I Have a Fire Involving PCBs? ... 2-32
   2.6  RECORDKEEPING REQUIREMENTS  		2-32
   2.7  RESOURCES	2-34
        2.7.1   References	2-34
        2.7.2   For Further Information	2-35
        2.7.3   Definitions	2-35
        2.7.4   Annual Document Log	2-39
                Preparing Your Annual Document Log	2-39
        2.7.5   PCB Disposal and Recycling Information	2-40
        2.7.6   Example Inspection And Notification Record
                Reports	2-42

3.  HOW DO I MANAGE THE WASTE I GENERATE?	3-1

   3.1  ARE ANY OF THE WASTES I GENERATE HAZARDOUS? 3-1
        3.1.1   What Is Solid Waste?	3-3
        3.1.2   What Is Hazardous Waste? 	3-3
        3.1.3   How to Use the Lists to Identify a Hazardous
                Waste	3-4
        3.1.4   How to Determine if the Waste Has a Hazardous
                Characteristic 	3-5
        3.1.5   The Mixture Rule	3-6
                                                             v

-------
Empower Your Cooperative
                    3.1.6   Wastes Excluded from Hazardous Waste
                           Regulation	3-7
               3.2   WHAT ARE THE WASTE MANAGEMENT REGULATIONS
                    THAT APPLY TO MY COOPERATIVE?  	3-8
                    3.2.1   How Do I Determine My Cooperative's Generator
                           Category?	3-9
                    3.2.2   What Is the Universal Waste Rule?  	3-11
               3.3   HOW DO I COMPLY WITH THE WASTE MANAGEMENT
                    REGULATIONS? 	3-12
                    3.3.1   What Are the Compliance Requirements for
                           CESQGs?	3-13
                           CESQG Self-transporting of Hazardous Wastes . . 3-14
                    3.3.2   What Are the Compliance Requirements for
                           SQGs? 	3-14
                           How Does My Cooperative Obtain an EPA
                             Identification Number?	3-15
                           What Are the Hazardous Waste Generation and
                             Accumulation Limits for SQGs?	3-15
                    3.3.3   What Are Recommended Practices for Safe
                           Storage of Hazardous Waste? 	3-16
                    3.3.4   How Should My Cooperative Be Prepared for
                           and Respond to an Emergency?	3-18
                    3.3.5   What Are the Waste Management Reporting
                           Requirements?  	3-20
               3.4   HOW DO COOPERATIVES MANAGE SPECIFIC
                    WASTES THEY GENERATE?  	3-21
                    3.4.1   Treatment and Disposal Methods	3-21
                           Landfills	3-22
                           Thermal Destruction	3-22
                           Recycling/Reclamation/Resource Recovery  .... 3-23
                    3.4.2   Office Waste	3-24
                    3.4.3   Universal Waste  	3-24
                    3.4.4   Used Oil Management (Including Transmission
                           Fluid, Brake Fluid, and Used Oil Filters)	3-26
                           Do Not Mix Hazardous Waste with Used Oil	3-27
                           Used Oil Mixing Constraints	3-27
                           Testing Used Oil for Hazardous Waste
                             Contamination	3-28
                           Acceptable Recycling Methods for Used Oil	3-29
                           Used Oil Filters		3-30
                           Used Oil Contaminated Rags, Wipes, and Spill
                             Cleanup Material	3-30
                    3.4.5   Spent Solvents  	3-31
                           Approved Solvent Disposal Methods 	3-31
                           Contracting for Solvent Use and Disposal  	3-33
VI

-------
                                   Empower Your Cooperative
        3.4.6   Used Antifreeze	3-34
                How to Determine if Antifreeze Is Hazardous
                   Waste 	3-34
                Reclaiming/Recycling Antifreeze	3-35
                Waste Antifreeze Disposal  ..	3-35
        3.4.7   Used Shop Rags	3-35
                Used Rag Storage	3-36
        3.4.8   Non-PCB Electrical Equipment	3-36
        3.4.9   Mercury Lamps .	3-37
        3.4.10  Leftover Paint	3-38
                Recycling Used Paint	3-39
        3.4.11   Used Aerosol Cans	 3-39
        3.4.12  Pole Yards/Pole Disposal	3-41
        3.4.13  Management of Spill Cleanup Materials and
                Contaminated Media		3-41
   3.5  RESOURCES	; . . . 3-42
        3.5.1    References	3-42
        3.5.2   Internet Resources and Hotlines	3-42
        3.5.3   Waste Determination Guide  	3-43
        3.5.4   RCRA Hazardous Waste Landfills and Recycling
                Centers for Fluorescent Light Tubes	3-44

4.  HOW DO I PREPARE MY HAZARDOUS WASTES AND
   MATERIALS FOR TRANSPORT?	4-1

   4.1  WHAT TRANSPORTATION REGULATIONS APPLY TO
        MY SHIPMENT?	4-2
   4.2  HOW DO I COMPLY WITH THE REQUIREMENTS FOR
        SHIPPING HAZARDOUS MATERIALS	4-2
        4.2.1    Manifests	4-3
        4.2.2   How Do I Determine the Proper Shipping
                Description?	4-4
                Proper Shipping Name	4-5
                Hazard Class .	4-8
                Identification Number	4-9
                Packing Group 	4-9
        4.2.3   How Do I Prepare My Hazardous Material
                Shipment?	4-9
                How Do I Complete My Manifest?  	4-10
                How Do I Package My Hazardous Materials for
                  Shipment	4-11
                How Do I Mark My Containers?  	4-11
                Labeling	4-14
                Placards	4-15
        4.2.4   Emergency Response Information  	4-15
                                                           VII

-------
Empower Your Cooperative
               4.3  RESOURCES	4-17
                    4.3.1   Bibliography  	4-17
                    4.3.2   For Further Information	 4-17
                           Internet Sites	4-17
                           E-Mail	4-17
                           Hotlines	4-17
                    4.3.3   Regulatory Resources	4-18
                    4.3.4   Compliance Checklist	4-18

            5.  STORAGE TANKS	5-1

               5.1   UNDERGROUND STORAGE TANKS	5-1
                    5.1.1   Why Are USTs Regulated?	5-1
                    5.1.2   What Are the Federal UST Regulations? 	5-2
                    5.1.3   How Do I Comply with the Federal UST
                           Regulations?	5-4
                           Requirements Applicable to All UST Systems .... 5-4
                           Notification  	5-5
                           Recordkeeping	5-5
                           Leak Detection Methods	5-6
                           Short-term Alterative Leak Detection Methods .... 5-7
                           Additional Leak Detection for Piping	5-8
                           Corrosion Protection	5-9
                           Corrosion Protection for Existing USTs	5-10
                           Corrosion Protection for New USTs  	5-11
                           Spill and Overfill Protection	5-12
                           What are Catchment Basins?	5-13
                           What are Overfill Protection Devices?  	5-13
                    5.1.4   Closure Requirements for New and Existing
                           UST Systems  	5-17
                           Closing Temporarily 	5-17
                           Closing Permanently	5-18
                    5.1.5  Corrective Action/Site Remediation  	5-18
                           Responding to Confirmed Leaks	5-19
                           Short-term Actions	 5-19
                           Long-term Actions	5-20
                           Can Leaking Tanks Be Repaired?  	5-20
                           Can Leaking Piping Be Repaired?	5-21
                    5.1.6   State Regulations	5-21
               5.2  ABOVEGROUND STORAGE TANKS 	5-21
               5.3  RESOURCES	5-23
                    5.3.1   References	5-23
                           Publications About USTs	 5-23
                    5.3.2   For Further Information	5-25
                           Industry Codes and Standards	 5-25
VIII

-------
                                 Empower Your Cooperative
6.  HOW DO I SAFELY MANAGE HAZARDOUS PRODUCTS
   USED AT MY COOPERATIVE?	6-1

   6.1   WHAT ARE THE REGULATIONS FOR STORAGE AND
        REPORTING USE OF HAZARDOUS PRODUCTS?	6-1
   6.2   EPCRA REPORTING REQUIREMENTS	6-2
        6.2.1    MSDS Reporting Requirements 	6-2
        6.2.2   Tier I and Tier II Reports	6-2
        6.2.3   Toxics Release Inventory	 6-3
   6.3   HOW SHOULD DIFFERENT HAZARDOUS PRODUCTS
        BE SAFELY MANAGED?	6-4
        6.3.1    Hazardous Properties	6-4
               Hierarchy of Storage Hazards	 6-5
        6.3.2   Avoiding Hazards in Use and Storage  	6-6
               Characteristics of Safe Storage Areas  	6-6
               Handling Leaking Containers of Hazardous
                 Products	6-8
        6.2.3   What Are OSHA Labeling Requirements? 	6-8
               How to Label Containers	6-9
               Labeling Empty Containers to Be Reused 	6-10
               How to Label Storage Areas	6-10
   6.4   RESOURCES	6-10
        6.4.1    References	6-10
        6.4.2   Hotlines	6-11

7.  HOW DO I COMPLY WITH SPILL AND CHEMICAL RELEASE
   REQUIREMENTS	7-1

   7.1   WHAT DO I DO  IF THERE IS A SPILL OR RELEASE?  ... 7-1
        7.1.1    Immediate Actions	7-1
   7.2   OTHER NOTIFICATION/RESPONSE AND REPORTING
        REQUIREMENTS	7-6
        7.2.1    EPCRA Notification and Emergency Preparedness
               Requirements	7-7
        7.2.2   RCRA Requirements	7-7
               RCRA Emergency Response Requirements  	7-7
               RCRA UST Emergency Response Requirements  . 7-8
               Initial Notification Requirements	7-8
        7.2.3   Clean Water Act/Oil Pollution Act Requirements . . 7-9
               Spill Prevention, Control, and Countermeasures
                 Provisions	7-10
               Oil Pollution Act Requirements	7-11
               Spills to POTWs or Septic Systems  	7-13
                                                         IX

-------
Empower Your Cooperative
                   7.2.4   TSCA PCB Spill Requirements	7-14
                          TSCA Cleanup Requirements for Spills of Less
                             Than 11b ofPCBs or 270 gal. of Untested
                             Mineral Oil	7-15
                          PCB Spill Cleanup in a Restricted Area 	7-15
                          PCB Spill Cleanup at an Outdoor Substation .... 7-16
                          PCB Spill Cleanup in a Nonrestricted Area	7-16
                   7.2.5   CAA Requirements	7-16
              7.3  SUMMARY OF REPORTS AND RECORDKEEPING
                   REQUIREMENTS	7-18
              7.4 RESOURCES	7-18

           8.  HOW DO I COMPLY WITH WASTEWATER AND STORM
              WATER DISCHARGE REGULATIONS?	8-1

              8.1  DIRECT DISCHARGES TO SURFACE WATERS	8-2
                   8.1.1   What Are NPDES Permits and Their Requirements 8-2
                          Discharge Limits	8-3
                          Monitoring	8-3
                          Reporting	8-3
                          Recordkeeping	8-4
                   8.1.2   How to Obtain a NPDES Permit if You Are a Direct
                          Discharger	8-5
                   8.1.3   Storm Water Discharges	8-5
                   8.1.4   What Do I Do as a Storm Water Discharger to Be
                          in Compliance?	8-6
                          Storm Water Pollution Prevention Plans	8-9
                          Implementing Storm Water Best Management
                             Practices	8-10
              8.2  HOW DO I MANAGE INDIRECT DISCHARGES?	8-12
                   8.2.1   Pretreatment Requirements  	8-13
                          Significant Industrial Users Criteria	8-15
                   8.2.2   How to Comply if You Are an Indirect Discharger . 8-15
              8.3  SAFE DRINKING WATER ACT (SDWA) UNDERGROUND
                   INJECTION CONTROL (UIC) PROGRAM	8-17
                   8.3.1   More About Class V Wells  	8-17
                          How to Comply if You Discharge to a Class V
                          Well	8-18
              8.4  RESOURCES	8-18
                   8.4.1   References	8-18
                   8.4.2   Internet Resources	8-19
                   8.4.3   Hotlines	8-19
                   8.4.4   State and Territory NPDES Program Status  	8-20

-------
                                  Empower Your Cooperative
9. HOW DO I COMPLY WITH THE DRINKING WATER
   REGULATIONS?	,	9-1

   9.1  DOES THE PWSS PROGRAM APPLY TO MY
        COOPERATIVE?	.  . .	9-1
        9.1.1   The PWSS Program and National Primary and
               Secondary Drinking Water Regulations  	9-3
               Drinking Water Standards	9-3
               Monitoring Requirements	9-4
        9.1.2   State Primacy/Stringency Requirements	9-5
        9.1.3   Future Contaminants to be Regulated (Schedule) .9-5
        9.1.4   How Does EPA Develop Standards and
   -,            Regulations?	9-6
        9.1.5   Small Systems Technology, Variances, and
               Exemptions	9.3
        9.1.6   Reporting Requirements	9.9
               Consumer Confidence Reports	9-9
               Public Notification Requirements 	9-10
               Violations Posing Acute Risks	9-10
               Violations That Do Not Pose an Acute Risk	9-11
               Minor MCL Violations  	9-11
        9.1.7   Operator Certification Requirements	9-12
        9.1.8   Technical, Financial, and Management Capacity
               of Water Systems	9-12
        9.1.9   Enforcement	9-13
        9.1.10  Bottled Water Standards	 ]     9-13
   9.2  OVERVIEW OF PREVENTION PROGRAMS IN SDWA
        AMENDMENTS OF 1996, AND APPLICABILITY TO
        COOPERATIVES	9-14
   9.3  FUNDING AND ADDITIONAL ASSISTANCE FOR WATER
        INFRASTRUCTURE AND WATERSHEDS	   9-17
   9.4  RESOURCES	9-17
        9.4.1   EPA Assistance		9-17
        9.4.2   Regulations	9-17
        9.4.3   References	9-18
        9.4.4   Internet Sites	9-1 Q
        9.4.5   Organizations 	9-18

10. WHAT WETLANDS AND ENDANGERED SPECIES
   REGULATIONS APPLY TO RURAL ELECTRIC
   COOPERATIVE ACTIVITIES?	1Q-1

   10.1  THE ARMY CORPS OF ENGINEERS REGULATORY
        PROGRAM - GENERAL OVERVIEW	10-2
        10.2.1  What Is a Wetland?	10-3

-------
Empower Your Cooperative
                    10.2.2  How Are Wetlands Identified? ................ 10-3
                           Identifying Wetlands Using the National Wetland
                              Inventory Maps ............. . .......... 10-4
                    10.2.3  What If My Proposed Project Area Includes
                           Wetlands? ............................... 10-5
                    10.2.4  What Is a Wetland Permit? .................. 10-5
                           Individual Permits  ......................... 1 0-6
                           General Permits .......................... 10-6
                    10.2.5  Do I Need Other Permits in Addition to the
                           Section 404 Permit?  ....................... 10-8
                           State/Local Permits ......... . .............. 10-8
                           Permit Conditions and Cross-Cutting
                              Environmental Statutes .................. 10-8
                    1 0.2.6  What Is Wetland Mitigation and Are There Any
                           Wetland Reporting Requirements? ............ 10-9
                    10.2.7  Evolving Issues .......................... 10-10
               10.3 ENDANGERED SPECIES  ........................ 10-11
                    10.3.1  How Do I Determine if My Project Has the
                           Potential to Impact Endangered Species or
                           Their Critical Habitat? ..... .  ............... 10-12
                    10.3.2  Projects With Federal Involvement ........... 10-14
                    10.3.3  Projects Without Federal Involvement  ........ 10-14
                    1 0.3.4  Other Species of Special Concern  ........... 10-15
                    10.3.5  Evolving Issues .......................... 10-16
                           Private Landowner Issues .................. 10-16
                           "Candidate" Species  ...................... 10-16
               10.4 RESOURCES ...................  ............... 10-16
                    10.4.1  Bibliography ............................ 10-16
                    10.4.2  Federal Agency Contacts .................. 10-17
                    10.4.3  Internet Resources ....................... 10-17
                    10.4.4  Professional Organizations ................. 10-18

            11. HOW DO I MANAGE AGRICULTURAL HERBICIDES/
               PESTICIDES USED AT MY COOPERATIVE? .............. 11-1

               11.1 WHEN APPLICATION IS CONTRACTED  ............. 11-1
               11.2 WHEN THE COOPERATIVE  APPLIES PESTICIDES .... 11-3
                    1 1 .2.1  Pesticide Storage  ......................... 11-3
                    1 1 .2.2  Application or Use of Pesticides .............. 11-4
                    1 1 .2.3  Post-application Clean Up and Pesticide Disposal 11-5
                    1 1 .2.4  Pesticide Use/Applicator Training  ............. 11-5
                    1 1 .2.5  Recordkeeping  ........................... 11-6
               11.3 RESOURCES ................................... 11-6
                    1 1 .3.1  References .............................. 11-7
xii

-------
                                Empower Your Cooperative
12. HOW DO I COMPLY WITH AIR REGULATIONS?  	12-1

   12.1  WHAT ARE THE OPEN BURNING REQUIREMENTS? . . 12-2
   12.2  AIR TOXICS	12-3
        12.2.1  Are My Cooperative's Degreasing Operations
              Regulated? .	12-4
              Cold Cleaners	12-6
              Notification Requirements	12-8
   12.3  WHAT ARE THE REQUIREMENTS FOR OZONE-
        DEPLETING COMPOUNDS?	   12-8
   12.4  HOW ARE ODORS REGULATED	 .  12-9
   12.5  AIR PERMITS		12-10
        12.5.1  Title V Operating Permits 		12-11
        12.5.2  Federal Construction Permits	12-12
        12.5.3  Minor Source Permits	12-13
        12.5.4  Permit Application Process	12-14
   12.6  FUELS AND FLEETS	        12-15
   12.7  RESOURCES	12-16

13. HOW DO I MANAGE ASBESTOS?	13-1

   13.1  WHAT ARE THE HEALTH EFFECTS OF ASBESTOS? . . 13-1
   13.2  REGULATIONS GOVERNING ASBESTOS	13-2
        13.2.1  The Clean Air Act  	'.	13-2
        13.2.2  The Asbestos Hazards and Emergency
                 Response Act  	13-3
        13.2.3  The Comprehensive Environmental
                 Response, Compensation and Liability Act ... 13-4
   13.3  HOW TO IDENTIFY ASBESTOS AND ACM	13-4
        13.3.1  What Do I  Do if I Have Suspected Asbestos
              Containing Materials?	13-5
   13.4  DEMOLITION AND RENOVATION ACTIVITIES WHERE
        ASBESTOS IS KNOWN TO BE PRESENT	13-5
   13.5  USING AN ASBESTOS REMEDIATION CONTRACTOR . 13-7
   13.6  RESOURCES	   13-7

-------
Empower Your Cooperative
                                  LIST OF FIGURES
           2-1.  Large PCB Mark	2-14
           2-2.  Small PCB Mark	2-15
           2-3.  Example Permanent Storage Area	2-22
           2-4.  Salvage Options for Drained Carcasses under 500 ppm PCBs  2-25
           4-1.  Example Hazardous Materials Package Markings  	4-12
           4-2.  Example of Hazardous Waste Label	4-13
           4-3.  Hazardous Materials Labels	4-14
           4-4.  Hazardous Materials Placards  	4-16
           7-1.  Emergency Response Notification Information	7-3
           10-1. Overview of Section 404 Individual Permit Process  	10-7
                                  LIST OF TABLES

            1-1.   Waste Streams, Regulations and Associated Document Section
                 for Activities and Operations at Rural Electric Cooperatives .... 1-3
            2-1.   PCB Fluid Names for Various Makes of Transformers	2-7
            2-2.   PCB Fluid Names for Various Makes of Capacitors	2-7
            2-3.   Routine Inspection Frequency	2-16
            3-1.   EPA Regulatory Classification of Used Oil and Used
                 Oil Mixtures that are Destined for Recycling	3-28
            3-2.   40 CFR §261.31 Listed Hazardous Waste Solvents
                 (F001 through F005)	3-32
            3-3.   Waste Determination Guide 	3-43
            4-1.   Partial example HMT Entry for Flammable Liquids, PCBs and
                 Toluene	4-6
            5-1.   Common Causes of Release from USTs	5-2
            5-2.   Performance Standards for Existing UST Systems	5-15
            5-3.   Performance Standards for New UST Systems 	5-16
            7-1.   Major Federal Regulations that Address Notifications,
                 Spill Response, and Emergency Preparedness  	7-6
            7-2.   Summary of Recordkeeping Requirements  	7-18
            8-1.   Reporting Requirements to the Permitting Authority	8-4
            8-2.   Comparison of General Permits  	8-8
            8-3.   Mandatory BMPs to Include in Your SWPPP	8-11
            8-4.   Time Frame for Notification Requirements	8-14

            9-1.   EPA Schedule for Regulating New Contaminants  	9-7
XIV

-------
s=^=^=^=:^=^=  Empower Your Cooperative

              CHAPTER 1 - TABLE OF CONTENTS


 1. INTRODUCTION	1-1

   1.1   PURPOSE AND SCOPE	1-1
        1.1.1  Complying with Laws and Regulations that Apply to
             Cooperatives	    1-2
   1.2   ORGANIZATION	1-4
   1.3   RECOMMENDATIONS FOR POLLUTION PREVENTION
        TECHNIQUES ..	1-4
   1.4   RESOURCES 	1-6
        1.4.1  EPA Regional Offices	1-6
        1.4.2  State Solid and Hazardous Waste Agencies 	1-7
                      LIST OF TABLES

Table 1-1. Waste Streams, Regulations and Associated Document
         Section for Activities and Operations at Rural Electric
         Cooperatives	1-3

-------

-------
                           1.  INTRODUCTION
            As we move toward the 21st Century, rural electric cooperatives of every
            size and type are facing increasing pressure to understand the
            environmental consequences of their various activities. As a rural electric
            cooperative, you should care about these consequences for several
            reasons:

                •    Your facility's use of RGBs, oils, fuels, paints, solvents, pesticides
                    and herbicides, antifreeze, batteries,  and/or other chemicals can
                    impact the environment and your workers.

                •    The costs of non-compliance with the regulations can be high.

                •    Alternatives to your current ways of doing business exist that
                    could save you money.

            The United States Environmental Protection Agency (EPA) and the
            National Rural Electric Cooperative Association (NRECA) have worked
            together to create this manual to address environmental issues
            associated with the non-power generation activities at rural electric
            cooperatives.  We hope you find this manual  useful in helping you
            understand your environmental obligations and comply with the
            requirements.

1.1    PURPOSE AND SCOPE

            This manual is focused on the
            smaller distribution
            cooperatives since larger
            distribution cooperatives and
            generation and transmission
            facilities typically have the
            resources to employ
            environmental compliance
            professionals. However,
            information presented in this
            manual applies to all
            cooperatives, including
            generation and transmission
            facilities. Statewide
            associations also may find
            much of the information in this manual applicable to their activities so they
            may advise their members effectively.
            USEFUL TIP

Typically, larger facilities have developed
position papers and policy manuals on
ensuring compliance with environmental
regulations, and on pollution prevention.
Sometimes these cooperatives are willing
to provide environmental compliance and
pollution prevention assistance to other
cooperatives. If you need information or
assistance that is not provided in this
document, your statewide association, or
larger cooperatives in your state might be
useful resources.
                                                                             1-1

-------
Empower Your Cooperative
1.1.1
     This manual is designed to provide you with answers to several important
     questions including:

       •  •   How do I comply with the laws and regulations that apply to my
             facility?

         •   What pollution prevention options are available for my facility?

         •   Where can I get additional information?

Complying with Laws and Regulations that Apply to
Cooperatives
             Many activities at rural
             electric cooperatives are
             governed by Federal, State
             and/or local laws or
             regulations because those
             activities generate solid or
             hazardous wastes or air
             emissions, or potentially
             could harm human health or
             the environment. It is
             important for you to be
             aware of, and comply with,
             all Federal, State and local
             regulations applicable to
             your cooperative's activities.
             These laws and regulations
             are complex, and
             numerous, so this task can
             be challenging.

             The first step you should take to meet this challenge is to identify the
             operations and activities performed at your facility that are governed by
           _ Federal, State or local environmental regulations. Table 1-1 lists the
           " majority of these activities.  The next step is for you to determine the
             waste streams generated by each activity, and the laws and regulations
             that apply to each  operation or activity. Table 1-1 lists potential waste
             streams  generated by the associated activity, but keep in mind that not all
             waste streams listed in Table 1-1 may be generated by the activity as it is
             performed at your cooperative. Table 1-1 also lists the Federal regulations
             that may apply to each activity (there may be  more than one).  It is beyond
             the scope of this manual to address all of the State and local laws and
                                    USEFUL TIP - REGULATIONS VS. LEGISLATION

                                    The various acts discussed in this document (such
                                    as the Clean Air Act, Clean Water Act, Resource
                                    Conservation and Recovery Act, etc.) are pieces of
                                    Federal legislation enacted by Congress. These
                                    acts specify a federal agency (such as the U.S.
                                    Environmental Protection Agency, or Department of
                                    Transportation) to write Federal regulations (i.e.,
                                    laws) to enforce the requirements specified in the
                                    act. The environmental regulations are mostly found
                                    in Title 40 of the Code of Federal Regulations
                                    (abbreviated as 40 CFR), but may be found in other
                                    CFR titles, as well. Within each title, the regulations
                                    for each act are contained in sections. Throughout
                                    this document, the location of a specific regulation
                                    will be indicated by the title of the CFR it is located
                                    in, followed by the section number or numbers that
                                    contain the regulation (i.e., 40 CFR 50 or 40 CFR
                                    50-95).
1-2

-------
                                                            Empower Your Cooperative
 Table 1-1. Waste Streams, Regulations and Associated Document Section for
              Activities and Operations at Rural Electric Cooperatives
                     (regulation acronyms defined at end of table)
ACTIVITY/OPERATION
PCB-Contaminated Equipment Overhaul/Repair
Waste Management
Vehicle Maintenance
Office Work
Transportation of Hazardous Wastes and Materials
Vehicle Fueling/Refueling
Storage of Hazardous Substances/Products
Spill/Release Response and Cleanup
Wastewater Disposal and/or Treatment
Storm Water Management
Drinking Water Management and Treatment
Construction
Pesticide Application and Management
Open Burning
Short-term Power Generation (when grid is down)
Asbestos Abatement
APPLICABLE
REGULATIONS (1)
TSCA
CERCLA
RCRA
TSCA
CAA
RCRA
CAA
RCRA
CWA
RCRA
DOT
CAA
CERCLA
EPCRA
EPCRA, OSHA
CAA
EPCRA
CWA
RCRA
CERCLA
CWA
CWA
CWA
SDWA
CWA
RCRA
FIFRA
RCRA
CAA
CAA
CAA
OSHA
POTENTIAL
WASTE STREAMS
GENERATED (2)
PCB Waste
Hazardous Waste
Hazardous Waste
Air Emissions
Used Oil
Solid Waste
Hazardous Waste
Air Emissions
Solid Waste
Sewage
none, unless spills occur
Hazardous Waste
(if spills occur)
Air Emissions
none
Solid Waste
Hazardous Waste
PCB Waste
Hazardous Waste .
Solid Waste
Wastewater
Storm Water
none
Storm Water
Solid Waste
Air Emissions
Hazardous Waste
Air Emissions
Air Emissions
Waste Asbestos
Solid Waste
ASSOCIATED
SECTION OF
DOCUMENT
2,3
3, 5, 12
3, 5, 12
3,9
4
5, 6, 12
6
3,7
8
8
9
8,10
3,5,11
12
12
13
Notes:
1.   Acronym Definitions:
    CAA        Clean Air Act
    CERCLA      Comprehensive Environmental Response Compensation and Liability Act
    CWA        Clean Water Act
    DOT        Department of Transportation
    EPCRA      Emergency Planning and Community Right-to-Know Act
    FIFRA       Federal Insecticide, Fungicide and Rodenticide Act
    OSHA       Occupational Safety and Health Act
    RCRA       Resource Conservation and Recovery Act
    SDWA       Safe Drinking Water Act
    TSCA       Toxic Substances Control Act

2.   Your facility may not generate all waste streams listed in this column for the subject activity or operation.
                                                                                           1-3

-------
Empower Your Cooperative
            regulations that apply to activities at your cooperative, but it will inform
            you of the types of State and local regulations that apply.  You must
            contact your State or local regulatory agencies to find out any additional
            requirements that may apply.

            Table 1-1 also will inform you which sections in this manual provide
            detailed information on how to comply with the regulations and pollution
            prevention alternatives that could save your cooperative money and time.
            Use this manual as a starting point, and  refer to the Reference sections at
            the end of each chapter (see Section 1.2) to find out where to get more
            information on topics presented in the chapter.

1.2    ORGANIZATION

            This document consists of thirteen chapters. Chapters two through
            thirteen each address the regulations and compliance requirements for a
            specific environmental issue (i.e., PCBs, hazardous waste, managing
            hazardous products, preparing wastes for transport, spills and emergency
            response, wastewater, drinking water, wetlands, pesticides, etc.).  Each
            chapter has a references section containing any or all of the following:
            additional sources of information, tools for compliance (such as
            checklists), Internet sites, and a references section listing  documents that
            provide more details on the subject area addressed in the chapter. The
            resources section at the end of this chapter provides addresses and
            telephone numbers for Regional Offices of the EPA, and state
            environmental agencies.

1.3    RECOMMENDATIONS FOR POLLUTION PREVENTION
       TECHNIQUES

            Pollution prevention is one of the most cost effective ways to simplify and
            maintain environmental compliance at your cooperative. Pollution
            prevention also reduces the potential environmental and human health
            impacts resulting from your cooperative operations.  It can separate a
            successful cooperative from those burdened with excessive compliance
            costs and potentially damaging State or Federal fines.

            Pollution prevention (sometimes referred to as "P2"), as defined by the
            U.S. Environmental Protection Agency (EPA), is:

               "...the use of materials, processes or practices that reduce or
               eliminate the generation of pollutants or wastes at the source."
1-4

-------
                                      Empower Your Cooperative
Simply put, the use of pollution prevention techniques will reduce or
eliminate pollution created by a cooperative operation or activity, rather
than controlling pollution at the end of the pipe. Producing less waste has
many benefits including:

    •  Decreased waste management costs

    •  Decreased raw material costs and energy consumption

    •  Increased compliance and decreased environmental compliance
       costs (you'll spend less time assuring compliance)

    •  Decreased environmental liability

    •  Increased efficiency and productivity

    •  Increased worker safety

    •  Excellent cooperative image.

Throughout the manual, important pollution prevention techniques that
may potentially improve your cooperative's compliance and environmental
performance will  be highlighted.  Within each chapter, you may find
sections containing expanded P2 information and/or tables summarizing
pollution prevention techniques and benefits and waste streams affected
by the techniques.  Only easy and moderately easy P2 opportunities are
presented in this manual. Additional  information on pollution prevention,
including more challenging opportunities and on-site technical assistance
is available from  your State and/or local environmental agency.  Often
these services or materials are provided free of charge.

It is important to  remember that not every P2 technique will work at every
cooperative.  You should experiment with pollution prevention techniques
to find those that help you meet your P2 goals without adversely affecting
your cooperative operations.
                                                                1-5

-------
Empower Your Cooperative

1.4    RESOURCES
1.4.1  EPA Regional Off ices
           Region I (ME, VT, MA, CT, Rl)
           Environmental Protection Agency
           John F. Kennedy Federal Building
           Room 2203
           Boston, MA 02203-0001
           (617)565-3420

           Region II (NY, NJ, Puerto Rico, Virgin Islands)
           Environmental Protection Agency
           290 Broadway
           New York, NY 10007-1866
           (212)637-3000

           Region III (DC, DE, MD, PA, VA, WV)
           Environmental Protection Agency
           841 Chestnut Building
           Philadelphia, PA 19107
           (215)566-5000

           Region IV (TN, KY, NC, SC, GA, AL, MS, FL)
           Environmental Protection Agency
           345 Courtland Street, NE
           Atlanta, GA 30365
           (404) 3437-4727

           Region V (IL, Wl, IN, Ml, MN, OH)
           Environmental Protection Agency
           77 W. Jackson Boulevard
           Chicago, IL  60604-3507
           (312)353-2000

           Region VI (NM, TX, OK, AR, LA)
           Environmental Protection Agency
           First Interstate Bank Tower at Fountain Place
           12th Floor/Suite1200
           1445 Ross Avenue
           Dallas, TX  75202
           (214) 655-6444
1-6

-------
                                             Empower Your Cooperative
           Region VII (NE, KS, MO, IA)
           Environmental Protection Agency
           726 Minnesota Avenue
           Kansas City, KS 66101
           (913)551-7000

           Region VIII (MT, WY, ND, SD, UT, CO)
           Environmental Protection Agency
           999 18th Street, Suite 500
           Denver, CO 80202-2466
           (303)312-6312

           Region IX (CA, NV, AZ, HI, American Samoa, Guam)
           Environmental Protection Agency
           75 Hawthorne Street
           San Francisco, CA 94105
           (415)744-1305

           Region X (WA, OR, ID, AK)
           Environmental Protection Agency
           1200 Sixth Avenue
           Seattle, WA 98101
           (206)553-1200

1.4.2  State Solid and Hazardous Waste Agencies

           Alabama
           Department of Environmental Management
           Land Division - Solid/Hazardous Waste
           1751 Federal Drive
           Montgomery, AL 36130
           (205)271-7761/7735

           Alaska
           Department of Environmental Conservation
           Environmental Quality Management Section
           Solid Waste Management Section
           Pouch O
           Juneau, AK 9981 1
           (907) 465-2667
                                                                     1-7

-------
 Empower Your Cooperative
            Arizona
            Department of Health Services
            Office of Waste and Quality Management
            2005 N. Central Avenue
            Phoenix, AZ 85004
            (602) 257-2235

            Arkansas
            Department of Pollution Control and Ecology
            Solid Waste Division
            P.O. Box 9583
            Little Rock, AR  72219
            (501) 562-7444

            California
            Department of Toxic Substance Control
            P.O. Box 806
            Sacramento, CA 95812-0806
            (916)322-3700

            Colorado
            Department of Health
            Hazardous Materials and Waste Management
            421OE. 11th Avenue
            Denver, CO 80220
            (303) 331-4830

            Connecticut
            Department of Environmental Protection
            Division of Environmental Quality
            Waste Management Unit
            State Office Building
            165 Capitol Avenue
            Hartford, CT 06106
            (203) 566-8476

            Delaware
            Department of Natural Resources and
            Environmental Control
            Division of Environmental Control
            Solid Waste/Hazardous Waste Section
            Edward Tatnall Building
            P.O. Box 1401
            Dover, DE 19901
            (302) 736-7812
1-8

-------
                                    Empower Your Cooperative
Delaware Solid Waste Authority
P.O. Box 71
Newcastle, DE  19901
(302) 736-5361

District of Columbia
Public Space Maintenance Administration
Bureau of Sanitation Services
Solid Waste Disposal Division
4701 Shepherd Parkway, SW
Washington, DC 20032
(202) 767-8512

Department of Consumer and Regulatory Affairs
Environmental Control Division
Pesticides and Hazardous Waste Section
5010 Overlook Avenue, SW
Washington, DC 20032
(202)783-3194

Florida
Department of Environmental Regulation
Division of Environmental Programs
2600 Blairstone Road
Tallahassee, FL 32301
(904)487-1855

Georgia
Department of Natural Resources
Environmental Protection Division
Land Protection Branch
270 Washington Street, SW
Atlanta, GA 30334
(404) 656-2883

Hawaii
Department of Health
Pollution Investigation and Enforcement Division
P.O. Box 3378
Honolulu, HI 96801
(808)548-6355
                                                             1-9

-------
 Empower Your Cooperative
            Idaho
            Department of Health and Welfare
            Division of Environment
            Bureau of Hazardous Materials
            450 W. State Street
            Boise, ID 83720
            (208) 334-5879

            Illinois
            Environmental Protection Agency
            Land Pollution Control Division
            2200 Churchill Road
            P.O. Box 19276
            Springfield, IL 62794-9276
            (217)782-6762

            Indiana
            Office of Solid and Hazardous Waste Management
            105S. Meridian
            Indianapolis, IN 46206-6015
            (317)232-4473

            Iowa
            Department of Natural Resources
            Environmental Protection Division
            Air Quality and Solid Waste Protection Bureau
            Wallace State Office Building
            900 E. Grand Avenue
            Des Moines, IA 50319

            Kansas
            Department of Health  and Environment
            Solid Waste Management Division
            Forbes AFB Bldg. No. 740
            Topeka, KS 66620
            (913)296-1500

            Kentucky
            Environmental Protection Department
            Division of Waste Management
            Ft. Boone Plaza
            18Reilly Road
            Frankfort, KY 40601
            (502)564-6716
1-10

-------
                                   Empower Your Cooperative
Louisiana
Department of Environmental Quality
Office of Solid and Hazardous Waste
Solid Waste Division
P.O. Box 44307
Baton Rouge, LA 70804
(504) 342-4677

Maine
Department of Environmental Protection
Bureau of Oil & Hazardous Materials Control
State House Station 17
Augusta, ME 04333
(207) 287-7688

Waste Management Agency
State House StationJ 54
Augusta, ME 04333"
(207) 287-5300

Maryland
Department of the Environment
Hazardous and Solid Waste Mgt. Admin.
2500 Broening Avenue
Baltimore, MD 21224
(301)631-6400

Massachusetts
Executive Office of Environmental Affairs
Department of Environmental Quality Engineering
Solid and Hazardous Waste Division
1 Winter Street
Boston, MA 02108
(617)292-5589

Michigan
Department of Natural Resources
Hazardous Waste Division
P.O. Box 30028
Lansing, Ml 48909
(517)373-2730
                                                           1-11

-------
 Empower Your Cooperative
            Department of Natural Resources
            Ground Water Quality Division-Solid Waste
            P.O. Box 30028
            Lansing, Ml 48909
            (517)373-2794

            Minnesota
            Minnesota Pollution Control Agency
            Solid and Hazardous Waste Division
            520 Lafayette Road North
            St. Paul, MN 55155
            (612)296-7340

            Mississippi
            Department of Natural Resources
            Bureau of Pollution Control
            P.O. Box 10358
            Jackson, MS 39209
            (601)961-5171

            Missouri
            Department of Natural Resources
            Division of Environmental Quality
            Waste Management Program
            Jefferson State Office Building
            205 Jackson Street
            P.O. Box 176
            Missouri Boulevard
            Jefferson City, MO 65102
            (314)751-3176

            Department of Natural Resources
            Division of Environmental Quality
            Waste Management Program
            Jefferson State Office Building
            205 Jefferson Street
            P.O. Box 176
            Missouri Boulevard
            Jefferson City, MO 65102
            (314)751-3176
1-12

-------
                                   Empower Your Cooperative
Montana
Department of Health and Environmental Sciences
Solid Waste Management Bureau
Cogswell Building
Helena, MT 59620
(406) 444-2821

Nebraska
Department of Environmental Control
P.O. Box 94877
State Office Building
Lincoln, NE 68509
(402)471-2186

Nevada
Department of Conservation and Natural Resources
Division of Environmental Services
Hazardous Waste Bureau/Solid Waste Bureau
Concord, NH 03301
(603)271-2906
Underground Storage Tanks
(603)271-3503

New Jersey
Department of Environmental Protection
Solid Waste Division/Hazardous Waste Bureau
401 East State Street
CN402
Trenton, NJ 08625
(609)292-9120/9877

New Mexico
Health & Environmental Department
Environment Improvement Division
Harold Runnels State Office Bldg.
1190 St. Francis Drive
P.O. Box 968
Santa Fe,  NM 87504
(505) 827-2779/2929
                                                           1-13

-------
 Empower Your Cooperative
            New York
            Technical Determination Section
            Division of Solid and Hazardous Materials
            New York Department of Environmental Conservation
            50 Wolfe Road, Room 423
            Albany, NY 12233
            (518)485-8988

            North Carolina
            NC Department of Environmental, Health, and Natural Resources
            Division of Solid Waste Management/Hazardous Waste Section
            P.O. Box 27687
            Raleigh, NC 27611
            (919)733-2178

            North Dakota
            Health Department
            Environmental and Waste Management Research Division
            1200 Missouri Avenue
            Bismark, ND 58505
            (701)224-2382

            Ohio
            Environmental Protection Agency
            Office of Solid and Hazardous Waste
            P.O. Box 1049
            1800 Watermark Drive
            Columbus, OH  43266-0149
            (614) 644-2917

            Oklahoma
            Health Department
            Environmental Waste Service
            Hazardous Waste Service
            P.O. Box 53551
            Oklahoma City,  OK 73152
            (405)271-5338

            Oklahoma Corporation Commission
            UST Department
            Jim Thorpe Building
            Oklahoma City,  OK 73109
            (405)521-3107
1-14

-------
                                   Empower Your Cooperative
Oregon
Department of Environmental Quality
Division of Hazardous and Solid Waste
Executive Building
811 SW Sixth Avenue
Portland, OR 97204
(503) 229-5254

Pennsylvania
Department of Environmental Resources
Bureau of Solid Waste Management
Fulton Building
P.O. Box 2063
Harrisburg, PA 17120
(717) 787-9870

Puerto Rico
Environmental Quality Board
Solid and Hazardous Waste Bureau
P.O. Box11488
Santurce, PR  00910
(809)725-5140

Rhode Island
Department of Environmental Management
Air and Hazardous Materials
291 Promenade Street
Providence, Rl 02908
(401)277-2797

South Carolina
Board of Health and Environmental Control
Bureau of Solid and Hazardous Waste
2600 Bull Street
Columbia, SC 29201
(803) 734-5200

South Dakota
Department of Water and Natural Resources
Environmental Health Division
Joe Foss Building
Pierre, SD 57501
(605) 773-3329
                                                           1-15

-------
Empower Your Cooperative
           Tennessee
           Department of Public Health
           Bureau of Environmental Health Services
           Solid Waste Management Division
           Cordell Hull Building
           Nashville, TN 37129
           (615)741-3424

           Texas
           Texas Water Commission
           P.O. Box 13087
           Capitol Station
           Austin, TX 78711
           (512)463-7760

           Department of Health
           Bureau of Solid Waste
           1 1 00 W. 49th Street
           Austin, TX 78756
           (512)458-7271

           Utah
           Department of Health Division of Environmental Health
           Bureau of Solid and Hazardous Waste
           P.O. Box 16690
           288 North 1460 West
           Salt Lake City, UT  841 16-0690
           (801)538-6170

           Vermont
           Agency of Natural Resources
           Waste Management Division
           103S. Main Street
           Waterbury, VT  05676
           (802) 244-8702

           Virginia
           Department of Waste Management
           101 N. Fourteenth Street
           Monroe Building, 11th Floor
           Richmond, VA 23219
           (804) 225-2667
1-16

-------
Washington
Department of Ecology
Solid and Hazardous Waste Program
Mail Stop IV-11
Olympia, WA 98504-8711'
(206)459-6316

West Virginia
Department of Natural Resources
1201 Greenbriar Street
Charleston, WV 25311
(304) 348-5935

Wisconsin
Department of Natural Resources
Bureau of Solid Waste Management
101 S. Webster Street
Madison, Wl 53707
(608) 266-1327

Wyoming
Department of Environmental Quality
Solid Waste Management Program
122 W. 25th Street
Cheyenne, WY  82002
(307) 777-7752
                                   Empower Your Cooperative
                                                         1-17

-------

-------
«=^=^=^^=^=^=^=^=^=  Empower Your Cooperative

                     CHAPTER 2 - TABLE OF CONTENTS


 2. HOW DO I MANAGE MY PCB EQUIPMENT?	2-1

   2.1  HOW ARE PCBs REGULATED?  	                  2-2
   2.2  WHY WERE PCBs REGULATED?	                2-2
   2.3  DO THE PCB REGULATIONS APPLY TO ME?	2-3
        2.3.1  Electrical Equipment Containing PCBs	2-3
        2.3.2  Liquids Containing PCBs  	2-4
        2.3.3  Spill Material	  2-4
   2.4  HOW DO I MANAGE EQUIPMENT AND STORED FLUIDS
        CONTAINING  PCBS?		2-5
        2.4.1  How Do I Tell Whether My Equipment Contains PCBs and the
              PCB Concentration?	2-5
              How Do I Determine the PCB Concentration of My Equipment?  ... 2-6
        2.4.2  Use Requirements for Specific Equipment Types	2-9
              RGB-contaminated Transformers and Capacitors	2-9
              PCB Transformers and Capacitors	2-10
              Bushings	2-12
              Oil Switches and Voltage Regulators	 2-12
              Electrical Light Ballasts	2-13
              Circuit Breakers and Reclosers	2-14
        2.4.3  What PCB Equipment Must Be Marked? 	2-14
              How and When Do I Use the Labels?	2-14
              What Must Be Marked?	2-15
        2.4.4  Inspection Requirements	2-16
        2.4.5  Servicing Requirements  	2-17
        2.4.6  Reclassification Requirements	2-18
        2.4.7  Storage for Disposal Requirements  	.2-19
              Requirements for Storage for Disposal Areas	2-20
              One-year Storage Limitation	 2-24
        2.4.8  Disposal Requirements	2-24
              Manifesting Your PCB Waste for Transportation to the Disposal
                   Contractor	2-28
        2.4.9  How Can You Reduce the Risks Involved with PCB
              Transformers?	2-29
              Begin an Inventory Program	2-29
              Never Let a Transformer Leave Your Control Without Knowing
                   its PCB Concentration  	2-29
              Dispose of Your PCB Transformers (500 ppm or greater) 	2-30
              Reclassify Your PCB Transformer (500 ppm or greater) or Your
                   PCB-contaminated Transformer (50-499 ppm)	2-30
              Enclose Your PCB Transformer (500 ppm or greater) 	2-30
                                                                      2-i

-------
Empower Your Cooperative
             Inspect Your PCS Transformers (500 ppm or greater) and Your
                   PCB-contaminated Transformers (50-499 ppm)	2-30
             Plan Ahead for Emergencies  	2-31
   2.5   SPILLS, LEAKS, AND FIRES  	2-31
        2.5.1 Spill Cleanup Requirements	2-31
        2.5.2 What Do I Do if I Have a Fire Involving PCBs?	2-32
   2.6   RECORDKEEPING REQUIREMENTS	2-32
   2.7   RESOURCES 	2-34
        2.7.1 References	2-34
        2.7.2 For Further Information	2-35
        2.7.3 Definitions	2-35
        2.7.4 Annual Document Log	2-39
             Preparing Your Annual Document Log	2-39
        2.7.5 PCB Disposal and Recycling Information	2-40
        2.7.6 Example Inspection And Notification Record Reports	2-42


                            LIST OF FIGURES

Figure 2-1.   Large PCB Mark	2-14
Figure 2-2.   Small PCB Mark	2-15
Figure 2-3.   Example Permanent Storage Area	2-22
Figure 2-4.   Salvage Options for Drained Carcasses under 500 ppm PCBs	2-25



                             LIST OF TABLES

Table 2-1.    PCB Fluid Names for Various Makes of Transformers	2-7
Table 2-2.    PCB Fluid Names for Various Makes of Capacitors	2-7
Table 2-3.    Routine Inspection Frequency	2-16
2-ii

-------
         2.  HOW DO I MANAGE MY PCB EQUIPMENT?
Chemical
properties
of PCBs
The electric transmission
equipment your
cooperative owns and
maintains may contain
polychlorinated biphenyls
(PCBs). PCBs belong to a
broad family of man-made
organic chemicals known
as chlorinated hydrocarbons. PCBs were manufactured approximately
from 1932 to 1978.
             RESOURCES

This chapter contains some technical language
which may be unfamiliar to your. To familiarize
you with the terms used, a list of definitions is
included in Section 2.7.
            PCBs can vary in toxicity, and can range in consistency from thin light-
            colored liquids to yellow or black waxy solids.  Due to chemical properties
            of PCBs, such as low flammability, high chemical stability, high boiling
            point, and low electrical conductivity, they have been widely used in
            electrical equipment such as transformers and capacitors, and in hydraulic
            and heat transfer systems.

            Most likely you know that PCBs and PCB-containing equipment are strictly
            regulated by EPA and your state. As the owner of this equipment it is
            your responsibility to manage your PCBs and  PCB-equipment as specified
            in the regulations. This chapter provides a summary of the Federal PCB
            management requirements. It is organized to answer a number of
            questions about  PCBs and their management, including:

               •   How and why are PCBs regulated?

               •   Do the PCB regulations apply to me, and if so, how do I comply
                   with them?
                   How do I manage my PCB equipment?
Not all
regulations
covered
The aim of this chapter is
to give you a basic
understanding of how the
PCB regulations apply to
your cooperative).
However, it is not a
complete description of all
regulations that may apply
to you because it does not
present other Federal
requirements, such as Superfund PCB requirements, which may apply to
your cooperative if there have been PCB releases to the environment
                                                                           2-1
             USEFUL TIP

Under the Superfund law, PCBs can become
regulated substances if they are detectable in
the environment at any level. This is an issue
for cooperatives with respect to PCB disposal
methods (see Section 2.4.8) and leaks and
spills (see Section 2.4.9).

-------
Empower Your Cooperative
            from your cooperative (see box). This chapter also does not include any
            State requirements, which may be more strict than the federal
            requirements. To become familiar with your State's requirements consult
            your State environmental protection/natural resources agency.

2.1    HOW ARE PCBs REGULATED?
 PCB rules
 will be
 amended in
 the future
                                                    RESOURCES

                                        For additional detail on the PCB regulations
                                        presented in this chapter, you can consult the
                                        PCB rules themselves. To get a copy of these
                                        rules, you may call the EPA TSCA Hotline at
                                        (202) 554-1404 or Dick Sternberg at NRECA at
                                        (703) 907-5824. You can also get a copy of a
                                        PCB Q & A Manual by calling the hotline.
In 1976 Congress passed
the Toxic Substances
Control Act (TSCA) which
effectively banned further
manufacture, processing,
distribution in commerce
and use of PCBs, except in
a totally enclosed manner.
TSCA allows EPA to
authorize certain uses of
PCBs.  Congress assigned
EPA the task of enforcing TSCA. EPA developed a series of regulations
which govern the use, marking, storage, recordkeeping, and disposal of
PCBs.  These regulations are published in the Code of Federal
Regulations (40 CFR Part 761).
EPA is in the process of amending the PCB rules, and the amendments
may be final by the end of 1997. The amendments establish prohibitions
and requirements for the manufacture, processing, and distribution of
PCBs and PCB items. Copies of the amended rules will be available from
the TSCA hotline (see box above).
2.2   WHY WERE PCBs REGULATED?
 PCBs are
 toxins
 PCBs are
 worldwide
 pollutants
Action was taken to regulate PCBs because they were found to present
an unreasonable risk to human health and the environment. PCBs can be
ingested, inhaled or absorbed through the skin. Once in the body, they are
suspected of causing cancer, and liver, reproductive, and developmental
defects. High concentrations of PCBs also are known to cause a painful
and disfiguring skin condition called chloracne.

Since PCBs are one of the most stable compounds known, they are also
one of the most widespread pollutants. If released into the environment,
PCBs sometimes enter the food chain and tend to accumulate in the fatty
tissues of organisms. PCBs have been found all over the world in many
species of fish, birds, and other animals including humans.  Fish that live
and feed in PCB contaminated waters, have PCB levels many times
2-2

-------
^^=^=^^=!^=^=!^^=^=^^=^=   Empower Your Cooperative

             higher than the PCB level of the water.  Birds that feed off these fish have
             an even higher concentration of RGBs in their tissues than the fish. In this
             way, the levels of PCBs can increase up the food chain, potentially
             exposing humans to very high levels of the toxic PCBs.

             In addition, if PCBs burn, harmful chemicals such as dioxins and
             dibenzofurans can be created and released into the environment. These
             chemicals are  believed to be even more toxic than PCBs themselves and
             have been found to cause cancer, as well as reproductive and
             developmental defects.

 2.3    DO THE PCB REGULATIONS APPLY TO ME?

             The PCB regulations address three areas
             related to PCBs: electrical equipment
             contining PCBs in their dielectric fluid,
             liquids containing PCBs, and spills of PCB
             liquids. The PCB concentration in a piece
             of equipment's dielectric fluid or in stored
             fluid (used for servicing) determines which
      USEFUL TIP

Some states have set the
regulatory limit lower than 50
ppm; check with your State.
            regulations will apply. If your cooperative owns any electrical equipment
            that contains PCBs in the dielectric fluid at concentrations of 50 parts per
            million (ppm) or greater, or if your cooperative owns, uses, or disposes of
 so ppm      liquids containing PCBs at concentrations greater than 50 ppm, the
 PCBS is      regulations apply to you. Also, if your cooperative has had spills of liquids
 regulatory    containing any amount of PCBs, the regulations will apply to you.

            The following sections explain the regulatory classifications of electrical
            equipment containing PCBs, and of liquids containing PCBs. Section 2.4
            explains the various regulations for your equipment and stored fluid.
            Section 2.5 explains regulations applied to spills of liquids containing
            PCBs.

2.3.1   Electrical Equipment Containing PCBs

            The regulations classify electrical equipment containing PCBs in the
            dielectric fluid as follows:

 Classifies-        *    PCS—Electrical equipment that contains dielectric fluid with a
 tions of              PCB concentration of 500 ppm or greater.  For example, a
 eSpment            transformer that contains 500 or more ppm PCBs in the dielectric
                    fluid is a "PCB transformer".
                                                                           2-3

-------
Empower Your Cooperative
                   PCB-contaminated—Electrical equipment that contains dielectric
                   fluid with a PCB concentration of 50 ppm but less than 500 ppm.
                   For example, a transformer that contains between 50 and 499
                   ppm PCBs in the dielectric fluid is a "PCB-contaminated"
                   transformer.

                   Non-PCB—Electrical equipment that contains dielectric fluid with
                   a PCB concentration less than 50 ppm. For example, a
                   transformer that contains less than 50 ppm PCBs in the dielectric
                   fluid is a "non-PCB" transformer, and falls outside the regulations
                   for electrical equipment.
                                                       USEFUL TIP

                                            You cannot change the PCB concentration
                                            in oil by diluting it with oil of a lower PCB
                                            concentration or oil without PCBs. The
                                            entire mixture would have to be regarded
                                            as having the higher concentration of
                                            PCBs.
            Please note that you cannot
            change the PCB concentration
            of a piece of equipment such
            as a transformer unless you
            follow the reclassification
            requirements in the rules (see
            box).  These are presented in
            Section 2.4.6.

2.3.2  Liquids Containing PCBs

classifications  The regulations classify liquids containing PCBs (e.g., liquids that are not
of PCB liquids  jn use jn e|ectrjca| equipment) in the following way:

                •   PCB—Liquid that contains 50 ppm or greater is considered to be
                   PCB.

                •   Non-PCB—Liquid that contains less than 50 ppm is considered
                   non-PCB. Please note that if non-PCB liquid is spilled, it is still
                   subject to TSCA spill requirements (See Section 2.3.3).

                •   Non-Detectable—Liquid with a concentration of less than 2 ppm
                   of PCB is non-detectable.

            Please note that under the regulations there is no PCB-contaminated
            category for oil. The  PCB-contaminated category only applies to electrical
            equipment.

2.3.3  Spill Material

            Spills of liquids containing any amount of PCBs are subject to TSCA
            regulations. If the spill reaches the environment, then Superfund
2-4

-------
                                                Empower Your Cooperative
            regulations apply as well, and your cooperative may be liable for
            environmental damage. (For details on spill clean up requirements for
            PCB liquids, see Section 2.5 and Chapter 7.)

2.4    HOW DO  I MANAGE EQUIPMENT AND STORED FLUIDS
       CONTAINING PCBS?

            This section provides information on how to service, label, inspect,
            reclassify, store, and dispose of equipment containing more than 50 ppm
            of RGBs in the dielectric fluid, and how to store, label, and inspect fluids
            containing more than 50 ppm PCBs  used for servicing or reclassifying
            these types of equipment. The types of equipment discussed in this
            section include transformers and their bushings, capacitors, reclosers,
            regulators, electric light ballasts, and oil switches.  Since the regulations
            for managing equipment and stored  fluid containing PCBs vary depending
            on the concentration of PCBs in the  dielectric fluid, it is important to
            determine this concentration.

2.4.1  How Do I  Tell Whether My Equipment Contains PCBs and the
       PCB Concentration?

            The first step in determining whether your equipment contains PCBs (and
            the concentration of PCBs in the dielectric fluid) is to look at the metal
            nameplate permanently affixed to the unit by the manufacturer (i.e., not  '
            removable stickers put on equipment by your cooperative).
 HOW        Manufacturers have been prohibited from using PCBs when they
 manufac-     manufacture electrical equipment since 1979. So any item of electrical
 fiifat'o If) no I                                                 *
 equipment    equipment manufactured since then should not contain PCBs, so long as
            it has not been serviced with PCB containing oil.  Also, since the mid
            1980s, manufacturers have been required to put information on
            nameplates or otherwise permanently label equipment to indicate the item
            does not contain PCBs. Labels or nameplates on capacitors and
            transformers may say "does
            not contain PCBs," "No
            PCBs," "PCB free," "contains               USEFUL TIP
            no PCBs," "contains less than    The term aflon.pCB,, on ^ namep|ate of a
            1 ppm PCBs," etc.  As long
            as the item having such a
            label has never been
            serviced with dielectric fluid
            containing PCBs, it should
            not fall under the regulations.
            Use the maintenance records
transformer probably only means the oil
contains less than 50 ppm, so this
statement cannot be relied on to show the
transformer or capacitor does not contain
any PCBs.
                                                                         2-5

-------
Empower Your Cooperative
            for the equipment to verify it has not been serviced with PCB-containing
            fluid.
 Look at the    The nameplate on transformers or capacitors may state the type of
 namepiate    dielectric fluid contained in the item. If the equipment is mineral oil-filled,
            it will usually indicate the gallons of oil present in the item, and may
            indicate the type of oil. Mineral oil-filled equipment typically does not
            contain PCBs, but some equipment may sometimes have small
            concentrations of PCBs that were inadvertently introduced into the
            equipment during the manufacturing process.
 Items
 manufac-
 tured with
 high
 concen-
 tration
 PCBs
 How an item
 can be
 determined
 non-PCB
          USEFUL TIP

Keep your maintenance records up to
date and accurate. Without these
records, you cannot document the PCB
content of your electrical equipment.
Transformers and capacitors also
may intentionally have been
manufactured with substances
which have very high
concentrations of PCBs. These
high-concentration PCB
substances were manufactured
under several different trade
names.  Tables 2-1 and 2-2 list PCB fluid names for various
manufacturers of transformers and capacitors containing high
concentrations of PCBs.  If the nameplate on the transformer or capacitor
has one of the names on Tables 2-1 or 2-2, you must assume the item is
a PCB transformer or capacitor (i.e., it has 500 ppm or greater PCBs in
the dielectric fluid). The lack of one of these trade names on a nameplate
is not a guarantee that the equipment does not contain high
concentrations of PCBs.  You will need to review maintenance records
(see box) if they are available to see if the item was serviced with
dielectric fluid which contained high concentrations of PCBs.

If the label or nameplate does not indicate whether the item contains
PCBs, you might be able to call the manufacturer with the make, model
and serial number of the item.  If the manufacturer indicates the item was
not manufactured with  PCB-containing dielectric fluid, and your
maintenance records show it was not serviced with PCB-containing
dielectric fluid, the unit can be considered non-PCB.
      How Do I Determine the PCB Concentration of My Equipment?

            If a piece of equipment is not marked by the manufacturer with the PCB
            content, and no further information is known (as discussed above), you
            must either test the dielectric fluid, or assume it contains PCBs and
            manage the item according to the regulations summarized in Sections
2-6

-------
                                          Empower Your Cooperative
Table 2-1.  PCB Fluid Names for Various Makes of Transformers
   PCB TRANSFORMER MANUFACTURERS            PCB FLUID NAMES
   Allis-Chalmers                                    Chlorextol
   American Corporation                             Asbestol
   ESCO Manufacturing Co.                           Askarel
   Ferranti-Packard Ltd.
   Hevi-Duty Electric
   Research-Cottrell
   General Electric                                  Pyranol
   ITE Circuit Breaker Co.                             Non-Flammable Liquid
   Kulman Electric                                  Saf-T-Kul
   Monsanto (fluid only)                              Aroclor
   Niagara Transformer Corp.                          Askarel, EEC-IB
   Power Zone Transformer                           EEC-IS
   Wagner Electric                                  No-Flamol
   Westinghouse                                    Inerteen, Nepolin, Dykanol
   Electro-Engineering Works                          various fluid names
   Envirotech Buell
   H.K. Porter
   Helena Corp.
   Maloney Electric
   Standard Transformer Corp.
   Uptegraff Manufacturing Co.
   Van Tran Electric
  Table 2-2.  PCB Fluid Names for Various Makes of Capacitors
    PCB CAPACITOR MANUFACTURERS               PCB FLUID NAMES

    Aerovox                                       Hyvol
    Cornell Dubiller                                 Dykanol
    Electrical Utilities Corporation                      Eucarel
    General Electric                                 Pyranol
    Jard Corporation                                Clorphen
    McGraw Edison                                 Elemex
    Monsanto (fluid only)                             Aroclor, Capacitor 21,
                                                  MCS 1489
    P.R. Mallory & Company                          Aroclor B
    Sangamo Electric Company                       Diaclor
    Sprague Electric Company                        Clorinol
    Universal Manufacturing Corporation                Askarel
    Westinghouse                                  Inerteen
    Axel Electronics                                 various fluid names
    Capacitor Specialists
    Electromagnetic Filter Company
    R.F. Interonics
    Tobe Deutschmann
    York Electronics
                                                                         2-7

-------
 Empower Your Cooperative
 Assumption
 rule
 Consider
 testing
 transformers
2.4.2 through 2.5. If you do not know the PCB concentration of an item,
you must assume it is either PCB (having 500 ppm PCB or greater in the
fluid) or PCB-contaminated (having 50 to 499 ppm PCB in the fluid).  This
is called the assumption rule. The assumption rule varies for each type of
equipment. The following summarizes the assumption rule for the
equipment discussed in this chapter:

    •   Transformers and capacitors for which no information (i.e.,
        transformer with no nameplate and cap) is known, must be
        assumed to be PCB.

    •   Transformers that have mineral oil dielectric fluid and for which no
        further information is available must be assumed to be PCB-
        contaminated.

    •   Switches, voltage regulators, and fluorescent light ballasts for
        which no information is known must be assumed to be PCB-
        contaminated.

    •   Circuit breakers and reclosers for which no information is known
        may be assumed to be non-PCB.
For power transformers and
voltage regulators that have
built-in sampling ports, it
may be worth the cost of
having the dielectric fluid in
the unit tested by an
analytical laboratory.  The
reason for this is that the
requirements for managing
these large PCB units can
be significant and
cumbersome (see Section
2.4.2 for details), and these
types of units have a high
risk if they fail because of the volume of fluid they contain. In addition,
requirements for disposal vary depending on the PCB concentration in the
dielectric fluid (see Section 2.4.8). Sealed equipment (capacitors,
fluorescent light ballasts,  oil circuit breakers and reclosers) cannot be
tested until they leak or are taken out of service for disposal. However, for
purposes of disposal,  it might be economically worthwhile to test sealed
units once they leak or are taken out of service for disposal.  Many
dispose of these items as PCB waste rather than testing - which could be
an added expense if the unit is non-PCB.
             USEFUL TIP

It is not recommended to test pole transformers
while they are in service because this requires
drilling a hole to remove the fluid. Drilling a
hole can introduce metal filings into the unit
(which can cause catastropic failure), or can
allow moisture to penetrate the unit (which can
cause chronic failure). When a pole
transformer is removed for maintenance or
repair, the facility your cooperative sends the
transformer to will automatically test the unit as
part of the repair or maintenance activity.
2-8

-------
                                                  Empower Your Cooperative
Laboratory
testing
procedures
For testing of the dielectric
fluid, EPA recommends that
gas chromatography (GC)
analysis be performed by a
laboratory on samples from
any of the openable or
sealed units described
above. If you are collecting
the samples, before you
submit them to the
laboratory, you should
establish sampling
procedures that are
accurate, reproducible, and assure quality control (see box).  If you follow
these recommendations, you can rely on the results of a GC analysis.
Keep the test result report you receive from the laboratory (or the
maintenance facility) with the maintenance records for the piece of
equipment so you know the proper type of fluid for refilling it, and can
prove the PCB concentration of the unit.
2.4.2   Use Requirements for Specific Equipment Types
             RESOURCE

The EPA Methods Information Communication
Exchange (MICE) support line (run by EPA's
Office of Solid Waste) will assist you in
developing sampling procedures (for your
dielectric fluid ) that will assure EPA will accept
your sample results.  This support line is
menu-driven, and you must leave a message
for a technical expert to return your call. The
telephone number for the MICE line is (703)
821-4690.
            This section presents specific
            requirements (including
            labeling, inspection,
            reclassification, storage and
            disposal) for using the most
            common types of electrical
            equipment used by
            cooperatives.
                                            USEFUL TIP

                                 TSCA does not contain requirements for
                                 non-PCB equipment, but it is
                                 recommended that they be managed
                                 similar to PCB-contaminated equipment
                                 because of the stringent requirements for
                                 spills of any liquids containing more than 2
                                 ppm PCBs.
       PCB-contaminated Transformers and Capacitors
 Requirements
 for PCB-
 contaminated
 transformers
 and
 capacitors
 The requirements for handling PCB-contaminated (50-499 ppm PCBs)
 transformers and capacitors are not as numerous or stringent as those for
 PCB transformers and capacitors.  Specific use requirements for PCB-
 contaminated transformers and capacitors are as follows:

    •   Owners must follow the transformer servicing requirements
        (discussed in Section 2.4.5) as they apply to PCB-contaminated
                                                                             2-9

-------
 Empower Your Cooperative
                    units.  Since capacitors are sealed units, they do not have
                    servicing requirements.

                •   Transformers and transformers capacitors must be intact and not
                    leaking.

                •   Leaking transformers must be repaired or replaced, and leaking
                    capacitors or transformer bushings (see below for discussion on
                    brushings) must be disposed.  Until appropriate repair and
                    cleanup are completed, any active leak must be contained, daily
                    inspections must be done, and a written record of the inspections
                    must be  made (see Section 2.4.4). An example of a leaking item
                    inspection log is provided in Section 2.6.6.

                •   Any PCBs which leak or seep from a PCB-contaminated
                    transformer or capacitor must be properly cleaned up (see
                    Section 2.5 and Chapter 7 for spill cleanup information).  All
                    contaminated cleanup materials must be disposed as PCB waste
                    (see Section 2.4.8).  Cleanup of PCBs must be initiated promptly,
                    and in no case later than 48 hours after discovery of the leak.

            PCB-conatminated capacitors and transformers can be used for the
            entirety of thier useful lives.

       PCB Transformers and Capacitors

 Additional    lf y°u have a PCB transformer or capacitor (500 ppm or greater), you
 requirements  must comply with all of the requirements discussed above for PCB-
 transfomiere  contaminated un'ts, plus a number of additonal requirements. These
 and        additional requirements are summarized below.
 capacitors
                •   Mark transformers and all access to them. Marking requirements
                    are provided in Section 2.4.3.

                •   Inspect each transformer or capacitor once per quarter and keep
                    records of the inspections (unless the item meets requirements in
                    the rules  for yearly inspections). An example inspection record is
                    provided  in Section 2.6.6, and inspection  requirements are
                    provided  in Section 2.4.4.

                •    You may not use PCB transformers in any area which poses an
                    exposure risk to food or feed. This means that if your transformer
                    leaked or spilled, and the PCBs could get to the food or feed, you
                    may not use the transformer in that area.  Check your customer
2-10

-------
                                     Empower Your Cooperative
    list to ensure that
    there are no PCB
    transformers that
    pose an exposure
    risk to food or feed.
  WHAT DO I DO IF I DISCOVER I HAVE A
         PCB TRANSFORMER?

If you test your transformer dielectric fluid
which has been assumed to contain 50-499
ppm PCBs, and find out that it in fact contains
500 ppm PCBs or greater (i.e., is a PCB
transformer), you must either label the unit and
send it for disposal (see Section 2.4.8) or do
the following to get the transformer into
compliance:

  • Report any fire related incidents involving
    the PCB transformer immediately to the
    National Response Center (see Section
    2.5).
  • Mark the transformer and access to the
    transformer within 7 days (see Section
    2.4.3).
  • Register the PCB transformer with the
    Fire Department within 30 days (see
    example form in Section 2.6.6 and
    discussion in Section 2.5).
  • If the PCB transformer is in or near a
    commercial building, register it with the
    building owner within 30 days (see
    example form in Section 2.6.6).
  • Come into compliance with the enhanced
    electrical protection requirements in the
    rules within 18 months of discovery.
  • Comply with the rest of the rules
    (summarized in this document) which
    apply to PCB transformers.

These requirements can be found in the
regulations at 40 CFR Part 761.30(a)(1)(xv).
•   Do not use a PCB
    transformer with
    secondary voltages
    equal to or greater
    than 480 volts in or
    near a commercial
    building. There are
    restrictions on use
    of lower voltage
    PCB transformers
    in or near
    commercial
    buildings as well.

•   Register each PCB
    transformer in
    writing with your
    local fire
    department if it is in
    use or stored for
    reuse (an example
    registration  form is
    provided in Section
    2.6.6).  The
    registration
    includes the
    physical location, principal constituent of the dielectric fluid (PCBs,
    mineral oil, etc.), contact person and phone number.  Each PCB
    transformer in or near a commercial building must also be
    registered with the building owner.

•   Comply with servicing conditions detailed in Section 2.4.5.

•   Comply with spill/leak requirements discussed above, and
    detailed in Section 2.5.
                                                                2-11

-------
 Empower Your Cooperative

       Bushings
 Bushings
 are part
 of the
 transformer,
 regardless
 of type of oil
 in them.
            Bushings on transformers are considered by EPA to be part of the
            transformer because they have been in contact with the dielectric fluid in
            the transformer, and because the regulations assume that an intact
            transformer contains the component parts necessary for tansformer
            operations. Thus, unless you can prove otherwise (i.e., by wipe sampling
            the exterior of the bushing), regardless of the type of dielectric fluid in the
            bushing, if it is from a PCB transformer, it is considered PCB, and if it is
            from a PCB-contaminated transformer, it is considered PCB-
            contaminated.
 Determine
 the classifi-
 cation of oil-
 filled bush-
 ings during
 mainten-
 ance or
 repair of the
 unit they
 are on.
 Caution on
 reuse of
 PCB
 bushings
            When bushings are removed from a transformer as part of maintenance
            and repair of the unit, the shop will evaluate the capability of the bushing
            to be reused on the unit.  Regardless of classification of the bushing, it
            can be reused if suitable. However, it is important to note that bushings
            from non-PCB power transformers may be filled with PCB dielectric fluid.
            Therefore, it is important to determine the classification of bushings from
            non-PCB power transformers. To test an oil-filled bushing, a sample of
            the dielectric fluid from the unit may be collected by loosening or
            removing the endcap and gasket from the bushing.

            If an oil-filled PCB bushing fails while in service, the oil leaked (as a result
            of the failure) most likely will contaminate the transformer it is attached to
            (i.e., a non-PCB transformer would then become a PCB transformer), and
            the failure will be considered a PCB spill. Thus, your cooperative could
            be at a high risk of financial liability for a PCB spill if PCB bushings are
            reused.  It is recommended that you determine the classification of oil-
            filled bushings on your non-PCB transformers when they have been
            removed from service (see above).  PCB bushings on non-PCB
            transformers should be replaced, and the PCB-bushing disposed.

            The storage and disposal of bushings is the same as for other PCB,  PCB-
            conatminated, or non-PCB articles.  As discussed above, any oil-filled
            bushing must be assumed PCB for disposal purposes, and any bushing
            from a PCB or PCB-contaminated transformer must be classified the
            same, regardless of the type of oil in an oil-filled unit, unless the exterior is
            sampled and found not to be contaminated with PCBs.

      Oil Switches and Voltage Regulators

?egu°atorsand   Volta9e  regulators and switches are used to control, transmit and
were not      distribute electric power efficiently. Although most of the equipment is
designed to    mineral oil-filled and was not designed to contain PCBs, dielectric fluid in
contain PCBs
Storage and
disposal of
bushings
2-12

-------
                                                   Empower Your Cooperative
            them may have become contaminated with PCBs through past
            maintenance and servicing activities. In addition, voltage regulators are
            particularly susceptible to PCB contamination as they often contain a
            small PCB starter capacitor which easily contaminates the regulator's
            mineral oil dielectric fluid if it ruptures or leaks.  PCB and PCB-
            contaminated switches and voltage regulators may be used for the
            entirety of their useful lives.

      Electrical Light Ballasts

            An electric light ballast is the primary component of fluorescent light
            fixtures.  These items generally are located within the fixture under a
            metal cover plate.  The function of a ballast is to accumulate and hold a
            charge of electricity.                               •
 Leaking
 ballasts
 must be
 handled
 appropri-
 ately
Circuit
breakers and
reclosers
were not
designed to
contain
PCBs
Ballasts may
contain PCBS
A ballast unit typically is composed of a transformer to reduce the
incoming voltage, a small capacitor (containing 0.1 kg (0.2 Ib) or less of
dielectric fluid), and, possibly, a thermal cut-off switch and/or safety fuse.
The components of the ballast are  are surrounded by a tar-like substance
that is designed to muffle the noise that is inherent in the operation of a
ballast.  Ballasts also contain potting material to absorb the dielectric fluid,
should the capacitor fail.
                                            USEFUL TIP

                                 It is not recommended that you try to repair
                                 a failed ballast because of the risk of
                                 releasing PCBs on opening the unit.
Capacitors in ballasts may
contain PCBs in the dielectric
fluid.  According to EPA, all
small capacitor light ballasts
manufactured through 1979
contain PCBs (EPA 1992).
There would be approximately
1 to 11/2 ounces of PCBs in each capacitor. Ballasts manufactured after
1979 that do not contain PCBs are labeled "No PCBs." If a ballast
containing PCBs fails, the capacitor may break, contaminating the
surrounding tarry material and the potting material.

It is crucial to find out if a ballast containing PCBs is leaking before it is
removed from the fixture, so that it can be handled appropriately. If a
PCB ballast has been punctured or damaged, the oily tar-like substance
may be oozing out of the unit.  If your ballast appears to be leaking, the
ballast and all materials it contacts are considered PCB waste and must
be disposed of according to the regulations (discussed in Section 2.4.8).
It is important that you remove, handle and dispose of PCB-containing
ballasts properly to^prevent exposure to the leaking ballasts. All materials
                                                                            2-13

-------
Empower Your Cooperative
            that contact the ballast or the leaking substance are also considered PCB
            waste.
      Circuit Breakers and Reclosers

            Circuit breakers and reclosers are types of sealed oil-filled electrical
            equipment generally not designed to contain PCBs. However, a small
            percentage of this electrical equipment does contain PCBs as a result of
            the manufacturing process. Because most reclosers were manufactured
            without PCBs, they may be assumed to be non-PCB (see Section 2.4.1).

            PCB and PCB-contaminated circuit breakers and reclosers may be used
            for the entirety of their active lives. Circuit breakers and reclosers
            containing PCBs may be stored for reuse for an unlimited amount of time,
            as long as they are in a condition suitable for reuse.

2.4.3  What PCB Equipment Must Be  Marked?
 PCB Mark
 is a PCB
 label under
 regulations
          USEFUL TIP

EPA calls PCB labels "marks." Thus, you
must "mark" your PCB transformers and
capacitors.
PCB transformers or capacitors
(500 ppm or above) must be
marked with the appropriate PCB
label (see box). Marking of
voltage regulators, circuit
breakers, switches, and reclosers
is not required (see EPA Q&A
Manual, 1994). Marking of PCB-contaminated equipment of any kind is
not required.  Rules for marking can be found at 40 CFR Section 761.40.
      How and When Do I Use the Labels?
            PCB transformers and capacitors are
            marked with a large PCB label or a
            small PCB label depending on the
            size of the transformer. The large
            PCB label is called the  ML mark.
            The small PCB label is  called the Ms
            mark. All PCB labels must be clearly
            visible.

            The large PCB mark (Figure 2-1)
            typically is 6 x 6 inches, but may be
            reduced to 2 x 2 inches if space is
            limited.  It should be used if it will fit
  vxxxxxxxxxx
          CAUTION
             CONTAINS
          PCBs
                d Biphsnyis)
      A toxic environmental contaminant requiring
     special handling and disposal in accordance with
    U.S. Environmental Protection Agency Regulations
     40 CFR 761 — For Disposal Information contact
         the nearest U.S. E.P.A. Office
      In case of accident or spill, calf toll free the
      U.S. Coast Guard National Response Center
            800:424-8802
      Also Contact
      Tel No.
    X X X X
                                                 Figure 2-1.  Large PCB Mark
2-14

-------
                                                 Empower Your Cooperative
            on the equipment. It also should be used to mark drums and areas where
            PCBs are being stored.
 What to
 mark
      The small PCB mark (Figure 2-2),
      typically 1x2 inches, may be used
      when the large  PCB label will not fit
      on the PCB equipment.

What Must Be Marked?

      The following items must be
      marked with the appropriate PCB
      label:
                                                          CAUTION
                                                           CONTAINS
                                                          PCBs
                                                       (Polyehtorinafed Siphenyis)
                                                   FOB PROPER DISPOSAL INFOBMATION
                                                     CONTACT U,S. ENVIRONMENTAL
                                                       PROTECTION AGENCY
Figure 2-2. Small PCB Mark
Marking
access to
PCB
transformers
and
capacitors
         •   PCB transformers (500 ppm or greater).

         •   Large PCB capacitors (contain 3 Ibs. or more of dielectric fluid)
             with operating voltages greater than or equal to 2,000 volts (i.e.,
             "high voltage" capacitors).

         •   The pole or structure holding any large, high-voltage PCB
             capacitor, or any fence if the high voltage PCB capacitor is behind
             it.

         •   Equipment containing a PCB transformer or large, high-voltage
             PCB capacitor.

         •   Large, low-voltage PCB capacitors, at the time of removal from
             service for disposal.

         •   Drums of PCB oil, debris, etc. (50 ppm or greater).

         •   Vehicles used to transport more than 99.4 Ibs. of oil containing
             PCBs or one or more PCB transformers.

      To warn employees and fire/emergency response personnel that PCB
      equipment is present, the access to each PCB transformer and capacitor
      also must be marked with the  PCB ML mark.  "Access" means the vault
      door, room door, fence, archway, hallway, etc., but does not include
      grates or manhole covers. Markings should be placed in  such a way that
      a person approaching the area can see the label before entering the
      actual area.
                                                                         2-15

-------
Empower Your Cooperative
2.4.4  Inspection Requirements

            Inspections are required for most items
            containing PCBs, and should be
            considered part of the maintenance
            procedures for those items.  While the
            regular inspection of items containing
            PCBs will not reduce the occurrence of
            leaks, they will ensure that leaks and
            other faults are discovered in a timely
 Written
 inspection
 records
 required
                                       POLLUTION PREVENTION TIP

                                      The benefits of regular
                                      inspections increase by
                                      conducting them more frequently
                                      than the regulations require.
            manner and can be repaired immediately before any environmental
            damage occurs. Table 2-3 presents the items that must be routinely
            inspected for leaks and the required frequency of inspection for each item.

                         Table 2-3. Routine Inspection Frequency
item
PCB Transformers
PCB Capacitors
PCBs and PCB fluids (>50 ppm) in
storage for use in servicing equipment
PCB and PCB-contaminated switches
and voltage regulators
PCB items stored for reuse
Items in storage for disposal facility
Inspection Frequency
Required quarterly; annually if PCB
concentration in dielectric fluid is less
than 60,000 ppm and/or transformer(s)
have secondary containment.
Recommended annually
Required monthly
Recommended quarterly. PCB (500 ppm
or greater) items must be inspected
weekly when near food or feed. Items in
use in non- food or feed areas do not
require recorded inspections, but these
are recommended.
Same as if item is in-service
Required every thirty days
A written record of all inspections must be made (except for voltage
regulators and switches in use in non-food and feed areas, and written
inspections for these are highly recommended).  Examples of inspection
reports are  provided in Section 2.6.6. At a minimum, records of
inspections must contain the following information:

   •   Location of the item.
   •   Date of each inspection.
   •   Name of person performing inspection.
   •   Date on which any leak is discovered.
2-16

-------
•=^^=^^=sB^^^=^^=s^===5==5=^ss-   Empower Your Cooperative

  inspecting    AnY item in storage or service that has a leak must be inspected daily
  leaking       from the time the leak is detected until the leak is repaired. An example
  items        of a leaking jtem inspection report is provided in Section 2.6.6. At a
             minimum, the leak inspection record must include:

                •   Location of leak(s) (e.g. exactly what point of an item is leaking).

                •   Estimate of amount of fluid released.

                •   Date of cleanup, containment, repair, or replacement.

                •   A description of any cleanup, containment, or repair performed.

                •   The results of any containment and daily inspection required for
                    uncorrected active leaks.

             Any leaks must be cleaned up promptly, and in no case later than 48
             hours after discovery of the leak.

             Written records of inspections and the maintenance history must be
             maintained and made available for inspection upon request by EPA until
             at least three years after that particular article is disposed (based on the
             date on the certificate of destruction).

 2.4.5  Servicing Requirements

  Types of      Servicing activities include
  fluid for       draining and refilling,
  eqSpi    **&!$ °ff; rePairin9 and
             retrofillmg for
             reclassification.  PCB
             equipment may be serviced
             (including topping off) with
             dielectric fluid at any PCB
             USEFUL TIP

Any servicing (including rebuilding) of PCB
transformers, switches or voltage regulators
that requires the removal  of the coil from the
casing is prohibited.
             concentration.  PCB-contaminated equipment may be serviced only with
             dielectric fluid containing less than 500 ppm PCB. Although it is not
             required, PCB equipment (other than Askarel-type transformers) and
             PCB-contaminated equipment should be topped off and serviced with
             dielectric fluid containing no PCBs.  Service non-PCB items only with
             non-PCB dielectric fluid.
                                                                           2-17

-------
Empower Your Cooperative
 You can
 reuse
 dielectric
 fluid in
 same unit
Since the distribution of
PCBs at concentrations of
50 ppm or greater is
prohibited, PCBorPCB-
contaminated equipment
can be serviced with your
own PCB or PCB-
contaminated fluid if you
already own it.  Dielectric
fluid with a PCB
concentration of 50 ppm or
greater, can be reused in a unit as dieletric fluid if it was removed from the
same unit during servicing. Servicing with non-PCB or PCB-free fluid is
also allowed. Any dielectric fluid containing 50 ppm or greater PCBs used
for servicing must be stored in accordance with the storage for disposal
requirements.
2.4.6   Reclassification Requirements
       USEFUL TIP - MIXING RULE

If dielectric fluid containing less than 500 ppm
PCBs is mixed with fluid containing 500 ppm or
greater PCBs, then the resulting mixture must
not be used as dielectric fluid in any electrical
equipment.  The entire mixture must be
considered to be greater than 500 ppm PCBs
and must be disposed of in accordance with
EPA requirements (see Section 2.4.8).
 Testing
 flushed and
 refilled item
                                                        USEFUL TIP

                                           Reclassification of an item to PCB-
                                           contaminated or non-PCB reduces the risks
                                           associated with operating the item as well as
                                           the number of requirements that apply to the
                                           item.
Reclassification of a PCB or
a PCB-contaminated item is
a process where you
reduce the concentration of
PCBs in the dielectric fluid
by replacing the fluid to a
concentration where the
item falls into a new
classification level. PCB
items may be reclassified to a PCB-contaminated or non-PCB item by
draining, refilling, and otherwise servicing the unit. PCB items that end up
with a PCB concentration less than 500 ppm can be reclassified as PCB-
contaminated, and items that end up with a PCB concentration less than
50 ppm can be reclassified as non-PCB.
After draining and refilling
the item with new oil, it
must be operated under
normal load for at least
three months.  At the end of
the three month period, if
the dielectric fluid is tested
and found to be less than
50 ppm or less than 500 ppm, it is reclassified (see Section 2.4.1 for
details on testing dielectric fluid).  Please note that the EPA has proposed
              USEFUL TIP

Reclassification of PCB or PCB-contaminated
pole mount transformers generally is not
economical.  Service companies can conduct
the retrofil and testing activities for you.
2-18

-------
^^^=^=^=^=^^^^^^=^=^^=s=  Empower Your Cooperative

             rules which will change the requirements for ^classification. If you decide
             to reclassify your transformer, please check with EPA to see if the new
             rules are in effect.

 2.4.7  Storage for Disposal Requirements

             There are three types of areas that a cooperative can have for storage for
             disposal.  They are: permanent storage for disposal, temporary storage
             for disposal, and pallet storage for disposal.  It should be noted that any
             equipment used in the storage for disposal areas for handling the stored
             materials that come in direct contact with the RGBs cannot be removed
             from the area until  it is decontaminated according to the requirements in
             40 CFR Section 761.79.

             There are very specific requirements for storing  PCB equipment that has
             been removed from service and is to be disposed of, as well as for fluid
             containing  PCBs that is intended for disposal. Complying with storage
             requirements involves the following five basic elements:
                                                      USEFUL TIP
Establish a proper
storage facility for
PCBs
                      The storage requirements for PCBs and PCB
                      items have remained virtually the same since
                    Utilize proper
                    containers for PCB
                    storage.
                     the PCB regulations were set out.  However,
                     the improper storage of PCBs remains one of
                     the most frequent areas of non-compliance
                                         based on EPA inspection reports for regional
                    Manage storage       EPA offices.
                    area(s) in
                    accordance with
                    marking, recordkeeping, and inspection requirements
                    (summarized in this Chapter).

                •   Understand which PCBs and PCB items require storage and the
                    various storage options available.

                •   Remove PCBs and PCB items from storage and dispose of them
                    within the 1-year time limitation.

            These elements are detailed in this section.  It should be noted that
            equipment in storage for reuse is considered to be "in service" and does
            not have to be managed according the storage requirements detailed in
            this section.
                                                                          2-19

-------
Empower Your Cooperative
      Requirements for Storage for Disposal Areas
 Elements of
 successful
 storage
 program
 EPA
 notification of
 PCB activity
 requirements
 and
 procedures
 Permanent
 storage area
 requirements
All articles and containers in permanent or temporary storage for disposal
areas must be inspected for leaks monthly (as discussed in Section
2.4.4). These inspections must be documented, and an example of an
inspection form for storage for disposal areas is provided in Section 2.6.6.

Requirements for Permanent Storage for Disposal Areas
                                                      USEFUL TIP

                                         If you already have an identification number as
                                         a hazardous waste generator as required by
                                         RCRA (see Chapter 3, section 3.3.2), all you
                                         have to do is notify EPA of your PCB storage
                                         activities and amend your status to include
                                         those activities. You must have a number for
                                         each separate facility within your cooperative
                                         (but not for multiple storage areas at one
                                         facility) where you store PCBs.
If you store your own PCB
waste and have a
permanent storage for
disposal area, or you store
your waste for more than 30
days, you must notify EPA
and you must have an EPA
identification number (see
box). Cooperatives
required to have an EPA
identification number for
their PCB activities must file
EPA Form 7710-53 "Notification of PCB Activity." This form can be
obtained from your Regional EPA office, and from NRECA. EPA will
assign a number to your cooperative.  If you have more than one facility in
your cooperative, you must have an WPA identification number for each
facility. This notification was supposed to have been done by April 1990.
If you are a temporary storer (i.e., you do not have a permanent storage
area), and store for less than 30 days, an I.D. number is not required.

All transporters, commercial storers and disposers of PCB waste must
have an EPA identification number. Cooperatives are not usually
transporters or commercial storers and disposers of PCB waste, so long
as they do  not accept PCB waste from anyone other than their own
members.  If your cooperative does accept PCB waste from others (i.e., it
is a commercial storer and disposer), you must comply with a large
number of requirements, including permitting, recordkeeping, etc. These
requirements are not discussed in this document, and it is recommended
that your cooperative manages only its own PCB waste.

The following are specific requirements for permanent PCB storage for
disposal areas:
2-20

-------
=^=^=^=^=^^^=:^^^=   Empower Your Cooperative

     •  The area must have an adequate roof and walls to prevent rain
        water from reaching stored items and to prevent the accumulation
        of standing water.

     •  The area must have floors and continuous 6-inch high curbing.
        The floor and curbing must 1) be constructed of smooth and
        impervious materials (i.e., Portland cement, concrete  or steel);
        and 2) provide a containment volume equal to at least two times
        the internal volume of the largest article or container being stored,
        or 25 percent of the total volume of all articles or containers
        stored, whichever is greater.

     •  The area cannot be located near or have access to drains, valves,
        expansion joints or sewer lines, or be within the 100-year flood
        plain.

     •  The area must be marked with a large PCB label (as described in
        Section 2.4.3). All doors to the building containing the permanent
        storage for disposal area (if such an area is within a building) also
        must be marked.

     •  Drums of PCB oil/debris and PCB equipment must have the date
        they were removed from service for disposal marked on them,
        and they must be labeled with the ML mark.

     •  Each drum of PCB oil/debris must have a record of the quantity of
        each batch of PCBs added to the drum and the earliest date each
        batch was added to the drum.

     •  The equipment and drums in the area must be inspected for leaks
        at least once every 30 days, and any leaked liquids cleaned up
        immediately (see Section 2.5, or Chapter 7 for details on cleaning
        up leaked material).

     •  Any leaking containers and articles must be transferred
        immediately to properly marked non-leaking EPA-approved PCB
        containers.

 Figure 2-3 provides an example of a permanent storage area.  There are
 no requirements in the regulations for permanent storage areas other than
 the ones above. This sketch is a suggestion for how a cooperative could
 set up a storage area. The sketch shows a receiving area.  If you set up
 your storage area like the sketch, equipment is first brought to this
 receiving area for decision on what to do with it, and for marking and
 recordkeeping. If the equipment is going to be disposed of, it should be
                                                              2-21

-------
Empower Your Cooperative
                                                      &
                                                      (0
o «
M O)

.£.£
                                                          o o
               I
               o
               2
               "5
               £
                            }ueuid|nbg

                            dnueaio Illds
                                                         o
                                                         Q.
                                                         a
                                                        6
                                                        o>
                                                        a

                                                        E
                                                        S
                                                        (0
                                                                              (D =




                                                                              II
                                                                              := D*
                                                                              O. Ul

                                                                              (0
     (asnes JDJ pejois jo esn uj

    sjaiujojsuEJi god o) saj|dde)

      ss|qj)snquioo pejois
                                                       ML Mark


                          Figure 2-3.  Example Permanent Storage Area
2-22

-------
                                                 Empower Your Cooperative
There are
very specific
requirements
for temporary
storage for
disposal
areas
moved to the storage for disposal area.  If you know you will repair and
reuse the equipment, or you do not yet know whether you will repair it or
reuse it, put it in the storage for reuse area. In any of these areas, if the
equipment is leaking or weeping, it must be cleaned up immediately
according to the requirements in Section 2.5.

Requirements for Temporary Storage for Disposal Areas

Temporary storage for disposal areas may be used only if you store your
articles or containers for less than  30 days from removal from service, the
equipment is not leaking, and any  liquids in drums or containers have
PCB concentrations  of less than 500 ppm.  If you meet these criteria, you
may use a temporary storage for disposal area,  and you do not have to
notify EPA of PCB activities (as discussed above under permanent
storage for disposal areas) or have to have an identification number. The
following are specific requirements for temporary storage for disposal
areas:

    •  The equipment or container must have an attached" notation
       which states the date the equipment or container was removed
       from service.

    •  Only non-leaking articles or equipment may be stored in this type
       of area. Leaking articles or equipment must be placed in a non-
       leaking container that contains enough absorbent material to
       absorb any liquid PCBs remaining in the item.

    •  No drums with liquids having a PCB concentration equal to or
       greater than 500 ppm may be stored in this type of area.

    •  Drums of liquids that have a PCB concentration of 50 to 499 ppm
       may be  stored in the area if the area has a spill prevention,
       control and countermeasure plan (see Section 2.5 and Section 7).
       Each drum must have  a notation that says the liquids in the drum
       do not exceed 500 ppm.

    •  The area must be marked with a large PCB label (as described in
       Section 2.4.3).

    •  Non-liquid items contaminated with PCBs (soil, rags, etc.) may be
       stored in containers.

    •  The area must be inspected for leaks at least once every 30 days,
       and any leaked material immediately cleaned up (see Section 2.5,
       and Chapter 7 for details on leaks and spills).
                                                                         2-23

-------
Empower Your Cooperative
            Requirements for Pallet Storage for Disposal

            Non-leaking and structurally undamaged large, high voltage PCB
            capacitors and PCB-contaminated equipment may be stored on pallets
            next to the permanent storage for disposal area if the permanent area has
            unfilled storage space for at least 10 percent of the volume of the
            capacitors and equipment stored on pallets.  This area must be inspected
            weekly, and leaks cleaned up immediately.

      One-year Storage Limitation

            As previously mentioned, PCBs and PCB items stored for disposal must
            be disposed of within one year.  The one-year storage limit includes the
            time it takes the disposal facility to properly dispose of the PCB material.
            The disposal facility should be given at least 3 months to dispose of the
            PCB material.  If the PCB material is not disposed of within the one-year
            time frame, the disposal facility is required to report any missed deadlines
            to the EPA, and the cooperative can be held legally responsible for not
            following the rules. Therefore, for your cooperative to avoid being held
            responsible, the PCB material must be removed from storage at your
            cooperative and sent to the disposal company within 9 months from the
            date when it was  first removed from service for disposal.

2.4.8  Disposal Requirements

            Any items containing
            regulated levels of PCBs
            (50 ppm or greater) must
            be disposed of in
            accordance with the
            regulations to minimize
            exposure to humans and
            the environment. The
                ,  .           .            24-hour period.
            regulations governing
                                                     USEFUL TIP
Superfund regulations require that building
owners and waste generators (i.e.,
cooperatives) notify the National Response
Center at (800)424-8802 when a release of a
pound or more of PCBs occurs, or when
disposing of a pound or more of PCBs in a
            disposal of PCBs include
            Superfund (see box) as well
            as TSCA. TSCA Disposal requirements vary depending on the type of
            item, and the concentrations of PCBs in the dielectric fluid in the item, or
            of the liquid in a container (see Figure 2-4). After your PCBs or PCB
            items have been disposed of, you should receive a certification of disposal
            from the disposal contractor.  Keep this certification with your other
            records for the PCBs or PCB items.
2-24

-------
                                  Empower Your Cooperative
                    PCS Contaminated Equipment


fluid


disposal per §761.60(a)

and

^
disposal as municipal solid waste
(unless prohibited by State)
4
carcass
(case and coll)
I
or

t
disposal as salvage
I
                                                       sale
                           - must be RGB-free, or
                           - must have exemption
       sale
      _L
raw materials in commerce
                                              • if reclassified "non-RGB"
                                              per Section 761.30(a)(2); or
                                              • must have exemption
   Figure 2-4. Salvage Options for Drained Carcasses
                  under 500 ppm PCBs
                                                             2-25

-------
Empower Your Cooperative
 Liability       Cooperatives should be careful to deal with reputable disposal facilities
 deai'wrth      that axe properly permitted (ask the disposal facility for its EPA
 reputable     identification number, as well as what types of permits it holds, and for
 disposers     copies of those permits). A list of approved disposal facilities can be
            obtained  by calling your EPA Regional office. Discuss the requirements
            detailed below with your disposal contractor, and agree on the disposal
            method before sending your waste to the contractor.  If the disposal
            contractor does  not dispose of the PCB waste properly, your cooperative
            could be  held liable for environmental damage caused by the improper
            disposal.  The following  details the proper disposal methods for various
            types of PCBs or PCB items.

                •   Liquids containing above 500 ppm PCBs.  These must be
                   incinerated in an incinerator which meets the requirements of 40
                   CFR 761.70 or be granted an alternative disposal approval (i.e.,
                   chemical detoxication) as discussed in 40 CFR 761.60.

                •   Liquids containing 50-499 ppm PCBs. These must be
                   incinerated, burned in  a high efficiency boiler that meets the
                   requirements of 40 CFR 761.70 , disposed of by an approved
                   alternate disposal method (such as chemical detoxification) that
                   meets the requirements of 40 CFR 761.60, or solidified and
                   placed in a TSCA-permitted chemical waste landfill.  Containers
                   holding free liquids cannot be placed in any landfill unless the
                   liquid is  removed, mixed with non-biodegradable sorbent (i.e.,
                   solidified), or otherwise eliminated. Solidified liquid waste
                   containing greater than 50 ppm PCBs can only be placed in a
                   hazardous waste landfill that has a TSCA permit.

                •   Non-liquid PCBs.  PCB wastes such as contaminated soil and
                   debris, must be incinerated or disposed of in a TSCA-permitted
                   chemical waste landfill.

                •   PCB (500 ppm or greater) transformers, bushings, voltage
                   regulators, switches, circuit breakers, reclosers, and cable.
                   These items can be  incinerated in a unit that meets the
                   requirements of 40 CFR 761.70. They also can be disposed of in
                   a TSCA-permitted chemical waste landfill, that meets the
                   requirements of 40 CFR 761.75 if the liquid PCBs are drained
                   from the item; the drained carcass filled with solvent (kerosene,
                   xylene, toluene, or other solvents  in which PCBs are readily
                   soluble); and allowed to stand for  at least 18 hours before being
                   drained  thoroughly.  The PCB-liquids and contaminated solvent
                   must be disposed of as discussed above for PCB-liquids.
                   Alternate disposal methods for the carcasses include carcass
2-26

-------
                                                Empower Your Cooperative
Disposal of
ballasts
may pose
Superfund
liability
                  decommissioning. There are also some commercial facilities
                  which have an alternate disposal approval to decommission PCB
                  equipment, sending the metal components for recycling and
                  disposing of the remainder.

                  PCB-contaminated (50-499 ppm) transformers, bushings,
                  voltage regulators switches, circuit breakers reclosers and
                  cable. These items can be disposed of in an approved, high-
                  efficiency boiler that complies with 40 CFR 761.65, in a permitted
                  chemical waste landfill that meet the requirements of 40 CFR
                  761.75, or they can be drained, and the liquids disposed of as
                  discussed above for PCB-liquids. Drained carcasses need not be
                  rinsed, and their disposal is not regulated. However, they cannot
                  be sold for use as parts and components in repair or rebuilding
                  activities.  They may be scrapped or salvaged for metals recovery
                  provided that any residual PCBs are destroyed during metals
                  recovery.  EPA approved alternate disposal methods also are
                  allowed for PCB-contarhinated transformers, voltage regulators
                  and switches, if the methods meet the requirements in 40 CFR
                  761.60.

                  Large PCB capacitors. These items must be incinerated as
                  discussed in 40 CFR 761.70 or disposed of by an approved
                  alternate disposal method as discussed in 40 CFR 761.60.
                                                     USEFUL TIP

                                        Many States have developed regulations
                                        governing the disposal of non-leaking PCB
                                        containing ballasts that are sometimes more
                                        stringent than the Federal regulations. Contact
                                        your regional EPA and State solid and
                                        hazardous waste agencies to learn of any
                                        additional regulations that may apply.
Non-leaking
electric ballasts
which contain
PCBs and small
PCB capacitors.
Currenly, under the
EPA PCB rules,
these items may be
disposed of as
municipal solid
waste. However, EPA is planning to amend the rules to limit the
number of ballasts which may be disposed of as municipal solid
waste. Cooperatives also should be aware that some State laws
prohibit disposal of these items in a municipal solid waste landfill
(see box).  It is recommended that the non-leaking PCB ballasts
or capacitors are first packed with absorbent packing material and
sealed in containers prior to disposal.

Cooperatives should consider future potential Superfund liability
for environmental damage when choosing how to dispose of
                                                                         2-27

-------
Empower Your Cooperative
                   small capacitors or electric light ballasts containing PCBs.
                   Cooperatives that dispose of any quantity of small PCB capacitors
                   and electric light ballasts in municipal solid waste landfills may
                   have Superfund liability.  Alternative methods such as recycling,
                   which are more protective of the environment are recommended.
                   Recycling involves first removing the PCB-containing materials for
                   incineration or land disposal and reclaiming metals used in the
                   carcass for manufacturing other products. A list of ballast
                   recyclers is provided at the end of this chapter.

                   Leaking PCB-containing fluorescent light ballasts.  Leaking
                   PCB-containing ballasts must be incinerated at an EPA-approved
                   high temperature incinerator or through recycling (a list of
                   recyclers is provided at the end of this chapter in Section 2.7.5).
                   High temperature incineration is more expensive than recycling,
                   but this method is often preferred since the PCBs are completely
                   destroyed removing them from the waste stream permanently.
                   Therefore, high temperature incineration also removes the
                   potential for future liability. The leaking PCB ballasts or
                   capacitors must be packed with absorbent packing material and
                   sealed in containers prior to disposal.

      Manifesting Your PCB Waste for Transportation to the Disposal
      Contractor

 General      You must manifest your PCB waste (50 ppm PCBs or greater) when you
 manifesting   ship it off-site for disposal. A manifest is a shipping document which
 information   accompanies the shipment of PCB waste.  Chapter 4 provides detail on
            manifesting and transportation requirements for hazardous materials,
            which include PCB wastes. The following summarize specific
            transportation requirements for your PCB wastes.

                •   You do not need to manifest your PCB waste when you transport
                   a piece of equipment taken out of service in your cooperative's
                   truck back to your cooperative and put it in the storage for
                   disposal area.  However, you must mark your truck as described
                   in Section 2.4.3.

                •   The manifest must include a description of the PCB waste, the
                   weight (in kgs) of the PCB waste, and the date of removal from
                   service of the PCB waste.

                •   The manifest must include your EPA PCB waste handling
                   identification number (if you have one, or the number "40 CFR
2-28

-------
                                                Empower Your Cooperative
                  761" if you do not have a number), the transporter's EPA PCB
                  identification number, and the disposal facility's EPA PCB
                  identification number.

            Refer to Chapter 4 for details on characterizing and manifesting your
            PCB-wastes, and preparing them for transport.

2.4.9  How Can You Reduce the Risks Involved with PCB
       Transformers?

            As discussed briefly in Section 2.5, and indicated throughout this chapter,
            there are numerous risks involved with using and maintaining PCB
            transformers and other PCB equipment, as well as in disposing of the
            PCBs and PCB items at your cooperative.  This section presents a
            number of suggestions for reducing the risks, and thereby reducing the
            environmental liability to your cooperative of a spill or release of PCBs into
            the environment.

      Begin an Inventory Program

            There is no requirement to inventory the transformers you have in use.
            However, you can most effectively manage your PCBs if you know where
            they are and what their classification is. Earmark anything manufactured
            prior to 1979 or any unit that has been repaired or maintained by a
            suspect facility (some facilities were not careful about the type of dielectric
            fluid used to refill transformers) as suspect. Try to test any transformers
            in your system that you can not detemine the PCB content of (or have
            maintenance performed oh them - they will be tested as part of
            maintenance, see Section 2.4.1), and keep all lab data with your records.
            Also keep records of all maintenance actions on each transformer.

            Most cooperatives will have to perform such an inventory over a period of
            several years. You might establish a priority system of which transformers
            could cause you the most headaches, and test those first.  For example, if
            a transformer leaked, which ones could leak into water, onto buildings or
            parking lots, etc.? Test those first.  If you perform your own repair or
            maintenance, test each suspect transformer as it comes into your shop .  .

      Never Let a Transformer Leave Your Control Without Knowing
      its PCB Concentration

            Make sure your records on each transformer you own are up to date and
            include date of purchase, all available maintenance records, laboratory
                                                                        2-29

-------
Empower Your Cooperative
           tests on the dielectric fluid, or any other information that has helped you
           determine the PCB concentration (see Section 2.4.1). If necessary,
           collect a sample of the dielectric fluid (see Section 2.4.1) and submit it for
           analysis to determine the concentration.

      Dispose of Your PCB Transformers (500 ppm or greater)

           There is no requirement to dispose of equipment which is still working.
           However, the most complete reduction of risk from use of a PCB
           transformer can only be achieved by properly disposing of the item (see
           Section 2.4.8). An added benefit is proper disposal of PCB Transformers
           eliminates the risk of clean-up costs. If the PCB Transformer were to
           rupture or spill, it would cost your cooperative a lot of money to clean-up.
           By paying the cost to dispose of the PCB transformer, you have a much
           higher likelihood of avoiding very expensive cleanup costs in the long run
           should the transformer rupture and spill PCBs into the environment.

      Reclassify Your PCB Transformer (500 ppm or greater) or Your
      PCB-contaminated Transformer (50-499 ppm)

           Details on procedures for reclassification are provided in Section 2.4.6.

      Enclose Your PCB Transformer (500 ppm or greater)

           If you construct an impervious berm which could hold 100 percent of any
           spilled material around your PCB transformer, it would contain spills. This
           could be a useful option for very large transformers that you cannot easily
           or economically reclassify or dispose.  Construction of a berm would not
           prevent all problems, but it would help to contain them, which is important.
           The requirement to inspect each PCB transformer on a quarterly basis is
           reduced to inspection on a yearly basis for transformers that have a berm
           which could contain 100 percent of any spilled dielectric fluid.

      Inspect Your PCB Transformers (500 ppm or greater) and  Your
      PCB-contaminated Transformers (50-499 ppm)

           Details on inspection procedures and requirements are provided in
           Section 2.4.4.  Routine inspections can identify potential problems before
           they occur, and allow the problem to be resolved without it becoming a
           major catastrophe.
2-30

-------
      Plan Ahead for Emergencies
                                                  Empower Your Cooperative
            Plan what you will do if there is a spill or fire related incident involving your
            equipment containing PCBs. There are OSHA requirements which
            require cooperatives to prepare written emergency plans and train
            employees to handle spills and other emergencies (these are discussed in
            Section 7).

2.5    SPILLS, LEAKS, AND FIRES

            PCBs potentially can be released to the environment if spills or leaks
            occur, or if the PCB item catches fire and releases PCBs. This section
            provides general information on reporting, responding to and cleaning up
            spilled or leaked PCBs or fires involving PCBs. Chapter 7 provides
            detailed information on requirements for handling and cleaning up spills
            and leaks, and information on  preventing  such occurrences.
 Call
 National
 Response
 Center after
 spill
If you have a spill of more than one pound of PCBs anywhere into the
environment, or if your spill (regardless of amount) contaminates surface
water, sewers, drinking water supplies, grazing lands, or vegetable
gardens, you must immediately call the National Response Center at
1-800-424-8802 and your regional EPA office.  If you have a spill from an
untested oil-filled transformer, you must assume it contains 50 to 499
ppm.  In this case, if you spill 270 gallons of oil or more you must report
the spill.  Most States also have reporting requirements which may differ
from the federal reporting  requirements. For cleanup of spills of PCBs
which occurred prior to May 4, 1987, contact your local EPA Regional
office for direction on cleanup.
2.5.1  Spill Cleanup Requirements
 PCB spill
 cleanup
 policy
If any type of spill or leak of
PCBs in concentrations
greater than 50 ppm
occurs, immediate action
must be taken to protect
human health and the
environment. The PCB
Spill Cleanup Policy found
at 40 CFR Part 76I, Subpart
G tells you what you must
do to properly handle PCB
spills (50 ppm and above).
             USEFUL TIP

The concentration of PCBs in contaminated
soil or other media and cleanup material is
measured by the PCB concentration in the
material which spilled or leaked. For example,
if you have a transformer with 345 ppm PCBs,
the PCB concentration in the material the
PCBs spilled or leaked into is 345 ppm.
Dilution in the soil is not relevant, and all
material must be cleaned up to the required
cleanup level, and disposed of (along with the
cleanup material) as if it contained 345 ppm.
                                                                           2-31

-------
 Empower Your Cooperative
             Low concentration spills (from a source containing less than 500 ppm
             PCBs) involving less than 1 pound of PCBs require a double-wash-rinse
             cleanup of all contaminated surfaces, and cleanup of all visible traces in
             soil within 48 hours. Records of your cleanup must be kept.

             High concentration spills (from a source containing 500 ppm PCBs or
             greater),or low concentration  spills involving 1 pound or more by weight
             require cleanup to be initiated within 24 hours. You must clean up all
             visible traces of oil and decontaminate surfaces to specified levels
             depending on the location of the spill. You must verify your cleanup is
             complete by sampling (see Section 2.4.1 for information on developing a
             sampling plan). Records of cleanup and sampling activities must be kept.
             Cleanup must be completed promptly.

2.5.2  What Do I Do if I Have a Fire Involving PCBs?

 Call National    A "fire related incident" is defined as any incident involving a PCB
 center"?fire    transformer which involves the generation of sufficient heat and/or
 involves a     pressure to result in the violent or nonviolent rupture of the PCB
 transformer.    transformer and the release of PCBs. If one of your cooperative's PCB
             transformers is involved in a fire related incident, you must immediately
             report the fire to the National  Response Center at 1-800-424-8802 and
             take measures to contain and control the possible release of PCBs into
             water. You must keep records of the incident.

 Keep        To eliminate fire hazards, combustible materials, including but not limited
 combustibles   to, paints, solvents, plastics, paper, and sawn wood cannot be stored
 t^ansfoTers   within 5 meters (about 16-17 feet) of a PCB transformer in use or stored
             for reuse.  However, EPA has determined that you can store PCB
             transformers for reuse on wooden pallets because the pallet is deemed
             "in-use" as well as the transformer. EPA did not intend that equipment
             and materials in use in transformer locations such as wooden pallets and
             timbers used to support heavy transformers be considered stored
             combustibles. They are considered similar to the equipment they support
             or to ease transport of the machinery.

2.6     RECORDKEEPING REQUIREMENTS

             You must develop and maintain records that document that you are
            following all of the use and disposal requirements. The recordkeeping
             requirements are contained throughout the  PCB rules, but many of them
             are found at 40 CFR Section 761.180(a). Table 2-4 also provides most
             record retention requirements. Cooperatives must keep the following
             records: EPA identification number, records of required inspections and
2-32

-------
                                                       Empower Your Cooperative
          Table 2-4. Records Retention Periods for PCB Generators
|| Document
Annual Documents, Annual Document
Logs, Annual Records (i.e., waste
manifests and certificates of disposal
signed by disposer)
PCB transformer inspection and
maintenance records
Waste manifests for PCB waste by
generator who is not subject to annual
document requirements
Spill cleanup records -
decontamination records
(see Section 7)
PCB Transformer Fire Department
notification
PCB Transformer Commercial
Building notification
PCB storage facility inspection records
Retrofill Records
Bulk storage batch records
PCB notification (EPA Form 7710-53)
Installation of PCB transformer in an
emergency in or near commercial
buildings - documentation supporting
reason for installation
PCB transformer involved in a fire -
record of communication with National
Response Center
SPCC plan for containers as specified
in761.65(c)(7)(l)
Bulk storage batch records
Retention Period
3 years after facility ceases using
or storing 99.4 Ibs. PCBs, 1 or
more PCB transformers, or 50 or
more large PCB capacitors
3 years after disposing of the
transformer
3 years from the date the PCB
waste was accepted by the initial
transporter
5 years after completion of
cleanup
None2
While facility owns or operates a
PCB storage facility subject to
71 .65(b) or (c)(7)
None2

While container is storing PCBs
>49 ppm.
While PCBs >49 ppm are stored
in bulk storage
Regulation ||
761.180(a)
791.30(a)(1)(xii)or
(xiii)
761.209(a)1
761.125(b)(3)or
(c)(4)
761.30(a)(1)(vi)&
761.30(a)(1)(xv)(D)
761.30(a)(1)(vii)
761.65(c)(5)
761.30(a)(2)(iv)&
761.30(a)(1)(iii)(C)(1)
761.65(C)(8)
761.205(a)(2)
761.30(a)(1)(iii)(B)(1)
761.30(a)(1)(xi)
761.65(c)(7)(ii)
761.65(c)(8) I
1 Title 40 CFR 761.209(d) states: 'The periods of record retention required by this section shall be extended
automatically during the course of any outstanding enforcement action regarding the regulated activity".

2There is no specified retention time for these documents, but U.S. EPA strongly suggests that these
documents be retained for the same amount of time as the annual document logs in order to prove that these
requirements have been met.
                                                                                     2-33

-------
 Empower Your Cooperative  ===^==^=^=^==^

             maintenance history, notification to the fire department, spill and leak
             documents, commercial building notifications, manifests and certificates of
             disposal, and records for PCB containers in storage for disposal.
             Examples of notification and inspection records are provided in Section
             2.7.6. If you want to be able to prove the PCB concentration in your
             equipment, you also must keep  laboratory test results.

             In addition, cooperatives which use or store at least one PCB transformer,
             50 PCB large capacitors, or 99.4 Ibs of PCBs in containers must keep the
             following  records:

                 •   Annual Records of the activities involving the cooperatives'
                    PCBs,  including those in use or in storage for reuse, and those in
                    storage for disposal or which have been disposed of during the
                    year. These records must include all manifests, certificates of
                    disposal exception reports, and one-year exception reports.

                 •   An Annual Document Log which includes specific and  detailed
                    information (dates, weights, etc.). on the PCBs used, stored and
                    disposed of during the year. An example annual document log is
                    provided in Section 2.7.4.

             The records and logs must be maintained for at least 3 years after the
             facility no longer uses or stores PCB transformers, capacitors or
             containers in the above quantities. All records must be available for
             inspection by EPA upon request.

 Keep        Although there  is no requirement to do so, cooperatives should keep
 records     * these records beyond the three-year period to show compliance and limit
 3 Shan    liabilitv in  future years.  This is particularly true of records which show that
             a cooperative is PCB free. If the laboratory tests are not kept, the
             cooperative will have no way to prove its equipment does not contain
             PCBs unless the nameplate specifically says it does not. In addition,
             documents may be useful to show you are a very limited contributor if
             your cooperative is pulled into a Superfund site.

2.7    RESOURCES

2.7.1   References

             Guidelines for Polychlorinated Biphenyls.  Lawrence Livermore National
             Laboratory, an LLNL Environmental Guidelines Document.
2-34

-------
                                                Empower Your Cooperative
            PCB Q & A Manual. Operations Branch, Chemical Management Division,
            EPA Office of Pollution Prevention and Toxics. 1994.

            PCB Information Package.  TSCA Assistance Service.  January 1977.

            PCBs in Flourescent Light Fixtures - A Fact Sheet  EPA Region 10, Air
            and Toxics Division. May 1993.

            Light Brief. EPA Green Lights Program. EPA 430-F-92-009. August
            1992.

            Lighting Waste Disposal. EPA Green Lights Program.  January 1994.

            Fluorescent Lamp Disposal. EPA Green Lights Program. EPA 430-F-93-
            002. January 1993.

2.7.2  For Further Information

            TSCA Hotline: (202) 554-1404

            If you are not sure whether you own or use PCBs or PCB equipment or
            need to find out more about the Federal regulations, you can call this
            hotline. Your hotline call will be confidential.  Hotline personnel will most
            likely be able to answer your question, but may refer you to your EPA
            Regional office contact for further information. (See section 1.4.)

            National Response Center (NRC) Hotline: (800) 424-8802

            If you have a spill of PCBs - see Section 2.5

            You may also call your State rural electric cooperative association or your
            cooperative attorney. You should contact your State environmental
            agency (see Section 1.4)or your cooperative attorney regarding individual
            State requirements.

2.7.3  Definitions

            For more detailed definitions, see the PCB rules at 40 CFR 761.3.

            Askaref—A brand name of PCBs, also a generic name for a broad class
            of fire-resistant insulation fluids.  Askarel is a term commonly used to
            describe PCB dielectric fluid.
                                                                        2-35

-------
Empower Your Cooperative
            Askarel Transformer—A common reference to a transformer that
            contains any of the brand name PCB fluids thus indicating a very high
            concentration of PCBs

            Ballast (fluorescent light)—A device for accumulating and holding a
            charge of electricity and that includes a capacitor containing 0.1kg (0.2lb)
            or less of dielectric fluid.

            Capacitor Types—The following assumptions may be used if the actual
            weight of the dielectric fluid is unknown. A capacitor whose total volume
            is less than 100 cubic inches may be considered to contain less than 3 Ibs
            of dielectric fluid, and a capacitor whose total volume is more than 200
            cubic inches must be considered to contain more than 3 Ibs of dielectric
            fluid.  A capacitor whose volume is between 100 and 200 cubic inches
            may be considered to contain less than 3 Ibs of dielectric fluid if the total
            weight of the capacitor is less than 9 Ibs.

            Certificate of Disposal—A document that certifies disposal of specifically
            identified PCB waste and which must be provided to the generator within
            30 days of completion of disposal.  Such Certificates of Disposal must be
            retained by the generator for at least 3 years after the generator ceases
            using or storing PCBs.

            Disposal—Jo intentionally or accidentally discard, throw away or
            otherwise complete or terminate the useful life of an object or substance.
            Includes actions relating  to containing, transporting, destroying,
            degrading, decontaminating, or confining those substances, mixtures, or
            articles that are being disposed.

            Large High-voltage Capacitor—A capacitor which contains 3 Ibs. or
            more  of dielectric fluid and which operates at 2,000 volts (a.c. or d.c.) or
            above.

            Large Low-voltage Capacitor—A capacitor which contains 3 Ibs. or
            more  of dielectric fluid and which operates below 2,000 volts (a.c. or d.c.).

            Leak or Leaking—Any instance in which a PCB article,  PCB container, or
            PCB equipment has any PCB chemical substance or mixture on any
            portion of its external surface (whether or not the fluid came from inside
            that item).

            Low Voltage—As applied to capacitors, an operating voltage level of less
            than 2,000 volts.
2-36

-------
                                     Empower Your Cooperative
Manifest—The shipping document, EPA Form 8700-22, and any
continuation sheet attached to EPA Form 8700-22, originated and signed
by the generator of PCB waste in accordance with the instructions
included with the form.

Mark—The descriptive name, cautions, instructions or other information
applied to PCB mixtures, articles, chemical substances, containers,
equipment, or other objects or activities described in accordance with the
EPA guidelines.

Non-PCB Transformer—A transformer that contains less than 50 ppm
PCBs.

PCB—An acronym for polychlorinated biphenyl.

PCB Annual Log—A written log of documents that includes a summary
of the annual records and an inventory of PCB materials.  The deadline
for compiling the annual log is 6 months after the end of the calendar
year. This log shall be retained for at least three years after PCBs are
reduced below regulated quantities.

PCB Annual Records—Includes all documentation relative to the
acquisition or disposal of PCBs over a 12-month period. This
documentation includes purchase  orders, manifests, certificates of
disposal and inadvertent generation reports. Annual records must be
maintained for the same period as the annual log.

PCB Article—My manufactured item, other than a PCB container, whose
surface(s) (inside or outside) has been in direct contact with a PCB
chemical substance or a PCB mixture and includes capacitors,
transformers, electric motors, pumps, pipes, etc.

PCB Article Container—My package, can, bottle, bag, barrel, drum,
tank or other device used to contain a PCB article or PCB equipment, and
whose surface(s) has not been in direct contact with PCB chemical
substance or PCB mixture.

PCB-contaminated Transformer—A transformer that contains 50 ppm
or greater but less than 500 ppm PCBs.

PCB Equipment—My manufactured item, other than a PCB container or
a PCB article container, which contains PCB articles or other PCB
equipment.  Included are street lights, microwave ovens, fluorescent
lights,  electronic equipment, motor controls, etc.
                                                             2-37

-------
 Empower Your Cooperative
            PCB Free—A term some manufacturers place on the nameplate of
            electrical equipment to indicate the equipment contains less than 2 ppm
            PCBs. Some manufacturers may mean the equipment contains less then
            1 ppm or 0 ppm in some cases when they use this term.

            PCB Item—Any PCB container, PCB article container, PCB article, or
            PCB equipment that deliberately or unintentionally consists of or has as a
            part of it any PCB or PCBs at a concentration of 500 ppm or greater.

            PCB Mixture—Any mixture which contains 500 ppm or greater of a PCB
            chemical substance, and any mixture which contains less than that
            amount because of any dilution of such a mixture.  Includes (but not
            limited to) dielectric fluid and contaminated solvents, oils, waste oils, other
            chemicals, rags, soil, paints, debris, sludge, and materials contaminated
            as a result of a spill such as clothing, gravel, dirt, etc.

            PCB Transformer—A transformer that contains 500 ppm or greater
            PCBs.

            PCB Waste—Mineral oil dielectric fluid from PCB-contaminated electrical
            equipment, liquids other than mineral oil dielectric fluid, any non-liquid
            PCBs at concentrations of 50 ppm or greater.

            Posing an Exposure Risk to Food or Feed—Being in any location
            where human food or animal feed products could be exposed to PCBs
            released from PCB equipment.

            ppm—Part(s) per million

            Retrofilf—To remove PCB or PCB-contaminated dielectric fluid and to
            replace it with dielectric fluid so as to lower the PCB content of the
            electrical  equipment for purposes of reclassification.

            Small Capacitor—A capacitor which contains less than 3 Ibs of dielectric
            fluid.

            Spill— Intentional or unintentional spills, leaks or other uncontrolled
            discharges of PCBs where the release results in any quantity of PCBs
            running off or about to run  off the external surface of the equipment or
            other PCB source, as  well as the contamination resulting from those
            releases.

            Transformer Classifications—Please note than any transformer that has
            been retrofilled and converted from a PCB Transformer, PCB-
            contaminated transformer, or non-PCB Transformer cannot be classified
2-38

-------
                                                Empower Your Cooperative
            as such until proper reclassification has occurred (see information on
            reclassification in Section 2.4.6).

2.7.4  Annual Document Log

            The written annual document log to cover the previous calendar year
            (January through December) must be prepared for each facility by July 1
            of each year. The annual document log must be available for inspection
            at your facility by authorized EPA representatives, during normal business
            hours. The owner or operator of the facility must know the location of the
            records.

            The regulations require that the annual document log be kept at the facility
            for at least 3 years after the facility ceases using or storing PCBs and
            PCB items.  In practice, you need to keep the document log indefinitely to
            demonstrate your compliance with the regulations. Questions may arise
            concerning your procedures several years later and the document log will
            be needed to demonstrate  compliance and limit your liability.

      Preparing Your Annual Document Log

            An example of an annual document log (multiple forms) is provided at the
            end of this section. Use this section with the forms to write your log. The
            written annual document log must include the name, address and EPA
            identification number of your cooperative, and the calendar year covered.
            The log also must include the following information for each PCB
            transformer, large (high or low voltage) PCB capacitor, other PCB articles
            (other than transformers and large capacitors), containers of PCBs,  or
            PCB articles in containers at or generated at your cooperative:

                   •  Which are in service (or stored for reuse) at the end of the
                     calendar year

                   •  Which have been removed from service and placed into storage
                     for disposal (note: storage for disposal  includes items or
      -  •            containers en route to be disposed)

                   •  Which have been disposed of.

            Each item or container owned or generated by your facility must be noted
            on the forms, with as much information requested on the forms as you
            have  available. Information such as the manufacturer or dielectric fluid
            trade name that is unknown should be noted as such, and explained to
            the best of your ability.
                                                                        2-39

-------
Empower Your Cooperative
2.7.5  PCB Disposal and Recycling Information

            The following companies are commercially permitted to dispose of RGBs.
            Those marked with an asterisk(*) are permitted to operate in all ten EPA
            Regions.
                     Company                 Address

             Incinerators

             Aptus, Inc.                  P.O. Box 1328
                                       Coffeyville, KS 67337

                                       P.O. Box 27488
                                       Salt Lake City, UT

                                       1160 N. Aptus Road
                                       Aragonite, UT

             Chemical Waste Management  P.O. Box 2563
                                       Port Arthur, TX 77643
             Rollins
             WESTON
P.O. Box 609
Deer Park, TX 77536

One Western Way
West Chester, PA 19380
             Alternative Thermal Technologies
             General Electric
             Chemical Dechlorination
100 Woodlawn Avenue
Pittsfield, MA 01201
             Chemical Waste Management  1550 Balmer Road
                                       Model City, NY 14107
             Exceltech, Inc.
             (ENSCO Subsidiary)

             Aptus, Inc.
             PPM, Inc.
             (USPCI Subsidiary)

             ENSR Operations
             (formerly Sunohio)
41638 Christy Street
Fremont, CA 94538

P.O. Box1328
Coffeyville, KS 67337

1875 Forge Street
Tucker, GA 30084

1700 Gateway Bldv. S.E.
Canton, OH 44707
                           Phone No.



                         (312)251-2680


                         (801)521-9009
(409) 736-2821


(713)930-2300


(215)692-3030*




(413)494-2700




(716)754-8231


(415)659-0404


(316)251-6380


(404) 934-0902*


(216)452-0837*
2-40

-------
                                      Empower Your Cooperative
         Company
        Address
Transformer Consultants, Div.  180 South Avenue
of S.D. Myers, Inc.           Tallmage, OH 44278
Trinity Chemical Co., Inc.
6405 Metcalf, Cloverleaf 3,
Suite 313
Shawnee Mission, KS
66202
   Phone No.

(216)452-0837*


(913)831-2290
CECOS International Process  4879 Spring Grove Avenue   (513) 681-5738
Center                     Cincinnati, OH 45232
Aptus Inc.
P.O. Box 1328
Coffeyville, KS 67337
Unison Transformer Services,  5801 Riverport Road
Inc.

Quadex Environmental
Company

General Electric
S.D. Myers, Inc.
Henderson, KY 43420

1940 N.W. 67th Place
Gainesville, FL 32606

One River Road
Schenectady, NY 12345

180 South Avenue
Tallmadge, OH 44278
(316)251-6380


(502) 827-0541


(904) 373-6066*


(518)385-2426


(800) 444-9580
PCB Transformer Decommissioning (Disassembly/Smelting)
Aptus, Inc.
P.O. Box1328
Coffeyville, KS 67337
Transformer Consultants, Div.  180 South Avenue
of S.D. Myers, Inc.           Talimadge, OH 44278
Unison
1302 W. 38th Street
Ashtabula.OH 44004

3126 Brinkerhoff Road
Kansas City, KS 66115
Chemical Waste Landfills
Chemical Waste Management  P.O. Box 55
Alabama, Inc.                Emelle, AL 35459

                           P.O. Box 471
                           Kettleman City, CA 93239
(316)251-6380


(800) 444-9580


(216) 992-8665


(913)321-3155




(205) 652-9721
                                                               2-41

-------
Empower Your Cooperative
                     Company
                                  Address
             Chem-Security Systems, Inc.  Star Route, Box 9
                                       Arlington, OR 98712
             Envirosafe Services, Inc. of
             Idaho
             CWM Chemical Services
             Control, Inc.
             U.S. Ecology, Inc.

             U.S. Pollution Control, Inc.

             Biological
             Detox Industries, Inc.

             Ballast Recycling Services
             Eastern Environmental
             Technologies
                          P.O. Box 16217
                          Boise, ID 83715-6217
                          1550 Balmer Road
                          Model City, NY  14107
                          P.O. Box 578
                          Beatty, NV 89003
                          Grayback Mountain
                          8960 N Highway 40
                          Lake Point, UT  84074
                           12919 Dairy Ashford
                           Sugar Land, TX 77478
                           Norwalk, CT
                                        Newton Upper Falls, MA
Ensquare
Environmental Energy Group   Denton, TX
FulCircle Ballast Recyclers     Cambridge, MA
                           Bronx, NY
Salesco U.S.A.              Honolulu, HI
Transformer Service, Inc.      Concord, NH  03302
This is not a complete list of companies who provide
disposal services.
      Phone No.
    (503) 454-2643

    (800)274-1516

    (716)754-8231

    (702) 553-2203

    (801)595-3900
    (713) 240-0892


    (203)856-2014

    (617) 969-9238
    (817)383-3632
    (617) 876-2229
    (212)328-4667
    (800) 368-9095
    (603) 224-4006
recycling and
2.7.6  Example Inspection And Notification Record Reports
            These are included at the end of the section, following the annual report
            example.
2-42

-------
                                  Empower Your Cooperative
            PCB ANNUAL DOCUMENT LOG
            FOR CALENDAR YEAR 19	

(For use by user/storer other than commercial or disposer.)
       Name and Address of user/storer Facility:
      EPA ID No.	
      (12 digit number - use "40 CFR
      Part 761" if exempt, otherwise
      number is obtained from EPA.)
                    Prepared by:
                                        (Signature)

                    Title:	

                    Date:	
                                                       2-43

-------
Empower Your Cooperative

I.   PCB TRANSFORMERS
    A.  In Service at End of Calendar Year (includes in storage for future use):
Serial
Number



Manufacturer



Physical
Location



Dielectric
Tradename



PPM
PCB



Date
Place in
Service



Kg. Wt.
of PCBs



        a.  Total kilogram weight of PCBs in transformers in service:.
        b.  Total number of PCB transformers in service:	
    B.  Removed from Service and Placed into Storage for Disposal:
1 Serial
Number



Manufacturer



Dielectric
Tradename



PPM
PCB



Date
Removed
from Service



Date
Placed in
storage



Kg. Wt.
of PCBs



        a.  Total kilogram weight of PCBs in transformers removed from service:.
        b.  Total number of PCB transformers removed from service:	
        c.  Name and address of initial storage facility:	
    C.  Disposed of:
Serial
dumber



Manufacturer



Date
Removed
from
Service



PPM
PCB



Kg. Wt.
of PCB



Date
Shipped



Manifest
Number



Confirmed *
Waste
Rec'd.



Kg. Wt. of
PCBs



*When PCB waste is transported by an independent transporter.

        a.  Total Kg. Wt. of PCBs in transformers shipped for disposal:
        b.  Total number of transformers shipped for disposal:	
        c.  Total number of transformers actually disposed:	
        d.  Name and address of disposal facility:	
2-44

-------
                                                     Empower Your Cooperative
II.   LARGE, HIGH OR LOW VOLTAGE PCB CAPACITATORS (3 Ibs. Or more of dielectric fluid).
               4     f

    A.  In Service at End of Calendar Year (includes in storage for future use):
Serial
dumber



Voltage



Manufacturer



Physical Location



Dielectric
Tradename



Date
Placed in
Service



Volume



Kg. Wt.
of PCBs



        a.  Total kilogram weight of PCBs in capacitators in service:
        b.  Total number of PCB capacitators in service:	
    B.  Removed from Service and Placed into Storage for Disposal:
1 Serial
Number



Voltage



Manufacturer



Dielectric
Tradename



Date
Removed
from Service



Date Placed
in storage



Volume



Kg. Wt. of
PCBs



        a.  Total kilogram weight of PCBs in capacitators removed from service:
        b.  Total number of PCB capacitators removed from service:	
        c.  Name and address of initial storage facility:	
    C.  Disposed of:
Serial
dumber



Volume



Manufacturer



Date
Removed
from
Service



Kg. Wt.
of PCBs



Date
Shipped



Manifest
Number



Confirmed*
Waste
Rec'd.



Date of
Disposal



*When PCB waste is transported by an independent transporter.

        a.  Total Kg. Wt. of PCBs in capacitators shipped for disposal:
        b.  Total number of capacitators shipped for disposal:	
        c.  Total number of capacitators actually disposed:	
        d.  Name and address of disposal facility:	
                                                                               2-45

-------
Empower Your Cooperative
in.
              ^r^ *^ ^^mr^rm *»« mm w *r         •	


PCB ARTICLES (other than transformers and large capacitators). Use only one page for
              tpe of PCB Article (i.e., regulators, circuit breakers, pipes, etc.). Add pages
              *««*j*tin u.i* AM****:*:** +. *»•«*•* ^** nf Q Aft-tis*!**,
PCB ARTICLES (other than transformers and large capac
each specific type of PCB Article (i.e., regulators, circuit I
needed, giving totals by specific type of PCB Article.

A.  In Service at End of Calendar Year (includes in storage for future use):
                                                                                     as
Article
Type



Serial
Number



Manufacturer



Physical
Location



Dielectric
Tradename



PPM
PCB



Date
Place in
Service



Kg. Wt. o
PCBs



        a.  Total kilogram weight of PCBs in Articles in service:
        b.  Total number of PCB Articles in service:	
    B.  Removed from Service and Placed into Storage for Disposal:
Article
Type



Serial
Number



Manufacturer



Dielectric
Tradename



PPM PCB



Date
Removed
from Service



Date Place
in storage



Kg. Wt. o
PCBs



        a.  Total kilogram weight of PCBs in Articles removed from service:
        b.  Total number of PCB Articles removed from service:	
        c.  Name and address of initial storage facility:	
     C.   Disposed of:
Article
Type



Serial
Number



Manufacturer



Date
Removed
from Service



PPM
PCB



Kg. Wt.
of PCBs



Date
Shipped



Confirmed*
Waste
Rec'd.



Date of
Disposa



*When PCB waste is transported by an independent transporter.

         a.  Total Kg. Wt. of PCBs in Articles shipped for disposal:
         b.  Total number of Articles shipped for disposal:	
         c.  Total number of Articles actually disposed: 	
         d.  Name and address of disposal facility:	
 2-46

-------
^==^^===^===^=======^========   Empower Your Cooperative

 IV.  PCBs IN CONTAINERS (includes bulk-storage and tanker-trucks).

     A.  In Service at End of Calendar Year (includes in storage for future use):
Container
Number



Container
Type



Description of
Container
Contents



Physical Location



Date Place
in Service



Volume



Kg. Wt. o
PCBs



        a.  Total kilogram weight of PCBs in containers in service:
        b.  Total number of PCB containers in service:	
     B.  Removed from Service and Placed into Storage for Disposal:
Container
Number



Container
Type



Description of
Container Contents



Date
Removed
from Service



Date Place
in Storage



Volume



Kg. Wt. ol
PCBs



        a.
        b.
        c.
Total kilogram weight of PCBs in containers removed from service:
Total number of containers removed from service:	
Name and address of initial storage facility:	
    C.  Disposed of:
Container
Number



Date First
Item
Removed
from Service



Description
of
Container
Contents



Kg.
Wt.of
PCBs



Volume
-•


Date
Shipped



Manifest
Number



Confirmed*
Waste
Rec'd.



Date of
Disposa



*When PCB waste is transported by an independent transporter.
        a.  Total Kg. Wt. of PCBs in containers shipped for disposal:
        b.  Total number of containers shipped for disposal:	
        c.  Total number of containers actually disposed:	
        d.  Name and address of disposal facility:	
                                                                             2-47

-------
Empower Your Cooperative

V.  PCB ARTICLES IN CONTAINERS
    A.  In Service at End of Calendar Year (includes in storage for future use):
Container
Number



Description
of Container
Contents



Physical Location



Date Place in
Service



Volume



Kg. Wt.
of PCBs



Kg. Wt.
Of Cont.



        a.  Total kilogram weight of PCB Articles in containers in service:
        b.  Total number of PCB Article containers in service:	
    B.  Removed from Service and Placed into Storage for Disposal:
Container
Number



Description of
Container Contents



Date
Removed
from Service



Date Place
in Storage



Volume



Kg. Wt. of
Arts.



Kg. Wt. 01
Cont.



        a.   Total kilogram weight of PCB Articles in containers removed from service:
        b.   Total number of PCB Article containers removed from service:	
        c.   Name and address of initial storage facility:	
    C.  Disposed of:
Container
Number



Description
of Container
Contents



Date first
Item
Removed
from Service



Kg.
Wt. of
Arts.



Volume



Date
Shipped



Manifest
Number



Confirmed *
Waste
Rec'd.



Date of
Disposa



*When PCB waste is transported by an independent transporter.

        a.   Total Kg. Wt. of PCB Articless in containers shipped for disposal:
        b.   Total number of PCB Article containers shipped for disposal:	
        c.   Total number of PCB Article containers actually disposed:	
        d.   Name and address of disposal facility:	
2-48

-------
9====^=======^^=^^=^=  Empower Your Cooperative

 Telephone Log for Contacting Disposers and Transporters

 (should be included in Annual Document Log)
 (Fill out one for each telephone call           Year:
 and attach all logs to copy of manifest.)

 Telephone Calls Made to Independent Transporters, or Designated
 Commercial Storers or Disposers
 Date:                   Time:
 Person Called, Company Name, and Telephone Number:
 Person Who Made Call:
Waste Called About (describe, including manifest #):
Summary of Conversation:
What Happened to Waste?
                                                            2-49

-------
Empower Your Cooperative  ••

              PCB Transformer
Inspection Record
                                  serial number
                    (keep separate form for each transformer)
Date
9/7/94





Manufacturer
Westinghouse





Physical
Location
Plant B





PCB
Concentration
or Tradename
Inerteen





Leaks
Yes






No
/





Location of
Leak






Inspected
By
J. Adams





1.  *a.  If yes, describe location:

    b.  Date leak discovered:
    c.  Estimate of the amount of fluid released from leak:
    d.  Date of any cleanup, containment, or repair or replacement:
    e.  Description of any cleanup, containment, or repair performed:
    f.   Results of any containment:
        (Daily inspection required for uncorrected active leaks.  Cleanup must be initiated as
        soon as possible, but in no case less than 48 hours after discovery).
2.  Comments:
    A leak is a PCB spill which results in ANY quantity of PCBs running off or about to run off
    the external surface of the transformer. For purposes of the definition, a PCB spill includes
    a weep, seep, or drip.

3.  Signature of person performing inspection:	
2-50

-------
                                                Empower Your Cooperative
                       COMMERCIAL BUILDING OWNER
                   NOTIFICATION OF PCB TRANSFORMERS

(Commercial building owners must be notified of PCB transformers located inside their
building and/or any PCB transformers located within 30 meters of their building.)

1.  Name of Commercial Building:            	
2.  Address of Commercial Building:	
3.  Building Owner of Record:
4.  Owner of PCB Transformer:	
5.  Address of PCB Transformer Owner:
                                          Tel. No.:
                                          Tel. No.:"
6.
            PCB Transformer Inventory
   serial
  Number
PPM
PCB
Kg.
Wt.
Street Address of
 Transformer
Specific Location at
    Address
 Principal
Constituent
Type of
7.
                         (Signature)
                                                       (Date)
                                                                       2-51

-------
Empower Your Cooperative
                    FIRE DEPARTMENT NOTIFICATION
                        OF PCB TRANSFORMERS
1.  Name of Facility:	
2.  Facility Street Address:
3.   Name of Facility Representative to Contact in Case of Emergency:
4.  24 hr. Telephone Number of Facility Representative:
5.  Name of Person Contacted at Fire Department:	
6.  Address of Fire Department:	
7.  Fire Department Telephone Number:
8.
PCB Transformer Inventory
Serial
Number












Dielectric
Tradename












PPM
PCB












Kg.
Wt.












Street Address of Site












Location of
Transformer at Site












Principal
Constituent












7.
                 (Signature)
                                      (Date)
2-52

-------
                                            PCB Storage Area Inspection Record
                                         For
                                                  (Name and Location of Storage Area)
 Type of Area
LH Permanent
LJ Temporary
D Pallet
                                                                                                                         I
ro
Ol
CO
~~-
Date of
Inspection
















Condition of
Storage Area
(Any cracks?)
















Types of
Equipment in
Storage
















Any Leaks?
(Yes/No)
if yes, do
corrective
action record
















Describe Leaks
















Corrective Action
Taken (leaks cleaned
up, item repaired, etc.)
















All Equipment
and Containers
Dated?
(Yes/No)
















Inspector Signature
















                                                                                                                        I
                                                                                                                        o
                                                                                                                        I
                                                                                                                        I


-------
Ul
                                           PCB Storage Area Inspection Record
I
o
                                        For
                                                 (Name and Location of Storage Area)
Date of
Inspection
















Condition of
Storage Area
(Any cracks?)
















Types of
Equipment in
Storage
















Any Leaks?
(Yes/No)
if yes, do
corrective
action record
















Describe Leaks
















Corrective Action
Taken (leaks cleaned
up, item repaired, etc.)
















All Equipment
and Containers
Dated?
(Yes/No)
















Inspector Signature
















 8
•§
                                                                                                                       n

-------





Inspection Record for Miscellaneous PCB Liquids and Articles
in Use or Stored for Reuse
Date































Item Inspected































Location of Item































Any Leaks?
(Yes/No)































Last Date
of Service































Inspector































2-55

-------
en
o>
                                              Leaking Item Corrective Action Record


                                            (to be completed every day until item is repaired or leak resolved)
I
 O
 1
Date of
Inspection
















Leaking Item
















Exact Location of Leak
on Item
















Estimate of
Amount or
Fluid Released
to Date
















Corrective Action(s) Taken (continuing to
contain active leak, cleanup spill, item
repaired, etc.
















Date of
Repair/Replac
ement
















Date Cleanup
Complete
















                                                                                                                                   as

-------
=^=^^=^^^^^=^^^=  Empower Your Cooperative

               CHAPTER 3 - TABLE OF CONTENTS


 3. HOW DO I MANAGE THE WASTE I GENERATE?  	3-1

    3.1  ARE ANY OF THE WASTES I GENERATE HAZARDOUS?  3-1
        3.1.1   What Is Solid Waste?	3.3
        3.1.2  What Is Hazardous Waste?	3-3
        3.1.3  How to Use the Lists to Identify a Hazardous Waste . 3-4
        3.1.4  How to Determine if the Waste Has a Hazardous
              Characteristic	3.5
        3.1.5  The Mixture Rule	3-6
        3.1.6  Wastes Excluded from Hazardous Waste
              Regulation	3.7
    3.2  WHAT ARE THE WASTE MANAGEMENT REGULATIONS
        THAT APPLY TO MY COOPERATIVE?	3-8
        3.2.1   How Do I Determine My Cooperative's Generator
              Category?	3.9
        3.2.2   What Is the Universal Waste Rule?	3-11
    3.3  HOW DO I COMPLY WITH THE WASTE MANAGEMENT
        REGULATIONS?			3-12
        3.3.1   What Are the Compliance Requirements for
              CESQGs?  ..	3-13
              CESQG Self-transporting of Hazardous Wastes  ... 3-14
        3.3.2   What Are the Compliance Requirements for
              SQGs?	3-14
              How Does My Cooperative Obtain an EPA
                   Identification Number?	 3-15
              What Are the Hazardous Waste Generation and
                   Accumulation Limits for SQGs? 	3-15
       3.3.3   What Are Recommended Practices for Safe
              Storage of Hazardous Waste?	3-16
       3.3.4   How Should My Cooperative Be Prepared for and
              Respond to an Emergency?  	3-18
       3.3.5   What Are the Waste Management Reporting
              Requirements? 	     3-20
   3.4 HOW DO COOPERATIVES MANAGE SPECIFIC
       WASTES THEY GENERATE?  	3-21
       3.4.1   Treatment and Disposal Methods 	3-21
              Landfills .	3-22
              Thermal Destruction	3-22
              Recycling/Reclamation/Resource Recovery	3-23
       3.4.2  Office Waste	3-24
       3.4.3   Universal Waste	3-24
                                                     =   3-i

-------
Empower Your Cooperative
                    3.4.4   Used Oil Management (Including Transmission
                           Fluid, Brake Fluid, and Used Oil Filters)  	3-26
                           Do Not Mix Hazardous Waste with Used Oil	3-27
                           Used Oil Mixing Constraints	3-27
                           Testing Used Oil for Hazardous Waste
                                 Contamination	3-28
                           Acceptable Recycling Methods for Used Oil	3-29
                           Used Oil Filters  	3-30
                           Used Oil Contaminated Rags, Wipes, and Spill
                                 Cleanup Material	3-30
                    3.4.5   Spent Solvents	3-31
                           Approved Solvent Disposal Methods	3-31
                           Contracting for Solvent Use and Disposal  	3-33
                    3.4.6   Used Antifreeze	3-34
                           How to Determine if Antifreeze Is Hazardous
                                 Waste	3-34
                           Reclaiming/Recycling Antifreeze	3-35
                           Waste Antifreeze Disposal	3-35
                    3.4.7   Used Shop Rags	3-35
                           Used Rag Storage	3-36
                    3.4.8   Non-PCB Electrical Equipment 	3-36
                    3.4.9   Mercury Lamps  	3-37
                    3.4.10 Leftover Paint	3-38
                           Recycling Used Paint	3-39
                    3.4.11  Used Aerosol Cans	3-39
                    3.4.12 Pole Yards/Pole Disposal  	3-41
                    3.4.13 Management of Spill Cleanup Materials and
                           Contaminated Media	3-41
                3.5  RESOURCES 	3-42
                    3.5.1   References 	3-42
                    3.5.2   Internet Resources and Hotlines	3-42
                    3.5.3   Waste Determination Guide	3-43
                    3.5.4   RCRA Hazardous Waste Landfills and Recycling
                           Centers for Fluorescent Light Tubes	3-44


                                    LIST OF TABLES

            Table 3-1.  EPA Regulatory Classification of  Used Oil and Used Oil
                       Mixtures that are Destined for Recycling	3-28
            Table 3-2.  40 CFR §261.31 Listed Hazardous Waste Solvents
                        (F001 through F005)	3-32
            Table 3-3.  Waste Determination Guide	3-43
3-ii

-------
      3.  HOW DO I MANAGE THE WASTE I GENERATE?
What is
RCRA?
                                                         RESOURCE

                                              This section contains some technical
                                              language, so if you have questions,
                                              please call your statewide association,
                                              cooperative lawyer, state environmental
                                              agency (see resources section), or the
                                              EPA RCRA hotline at 1-800-424-9346.
As a rural electric cooperative, you
may generate various types of
wastes including office trash,
vehicle maintenance wastes, used
utility poles, etc. As the waste
generator you a re responsible for
all steps in managing those wastes
from generation to final disposal. It
is important that you  manage the
wastes properly to protect yourself,
your coworkers, others in your community, and the environment.

The Resource Conservation and Recovery Act (RCRA), passed in 1976,
by the  U.S. Congress, contains the Federal requirements for managing
and disposing of solid and hazardous wastes (see box).  Subtitle C of
RCRA  contains the regulations for the generation, storage, transportation,
treatment and disposal of hazardous waste.  Subtitle D of RCRA regulates
solid waste. All of the Federal hazardous waste regulations are located in
Title 40 of the Code of Federal Regulations (40 CFR) Parts 260 to 299.

This chapter provides an overview of the Federal regulations for managing
the wastes your cooperative generates.  It is organized to answer the
following questions:
              •  Are any of the wastes I
                 generate hazardous?

              •  What waste management
                 regulations apply to my
                 cooperative?

              •  How do I comply with
                 waste management
                 regulations?

           The aim of this chapter is to give
           you a basic understanding of your
           waste management responsibilities. However, it is not a complete
           description of all waste management regulations because it does not
           include any of the state requirements which can be stricter than the
           Federal requirements (see box). To become familiar with your state's
           requirements, consult your state hazardous waste agency.
                                             USEFUL UP

                                   Many states have their own waste
                                   management requirements based on
                                   the Federal regulations.  In some of
                                   these states the regulations are the
                                   same as the Federal regulations.
                                   Other states have developed
                                   requirements that are stricter than the
                                   Federal requirements. If your state has
                                   such requirements, you must comply
                                   with them.
                                                                           3-1

-------
Empower Your Cooperative
3.1   ARE ANY OF THE WASTES I GENERATE HAZARDOUS?
 Definition
 of solid and
 hazardous
 waste
 Hazardous
 waste vs.
 hazardous
 material
          DEFINITIONS

The definition of solid waste under
RCRA is discarded material, including
material that is abandoned, recycled or
inherently waste-like. Hazardous
waste is solid waste that is listed in the
RCRA regulations as hazardous, or is
defined by its hazardous characteristic.
          USEFUL TIP

The HMTA contains regulations for
transporting hazardous wastes and
hazardous materials. These
requirements are discussed in
Chapter 4.
The answer to this question is
complex and requires you to
follow several steps.  First you
must determine what types of
wastes your cooperative
generates. RCRA defines two
types of waste, solid and
hazardous. Hazardous waste is a
subset of solid waste (see box). If
your waste does not meet the
definition of solid waste, it will not
be hazardous waste by definition.

It is important to understand the
difference between hazardous
materials (also called hazardous
substances) and hazardous
wastes. Various Federal
regulations, such as the
Comprehensive Environmental
Response, Compensation and
Liability Act (CERCLA), the
Emergency Protection and
Community Right-to-Know Act
(EPCRA)  (see Chapter 6), and
the Hazardous Materials
Transportation Act (HMTA) (see
Chapter 4), contain lists of
chemicals that are considered
hazardous materials. Hazardous
materials do not have to be
wastes in order to be covered
under those regulations.

The RCRA regulations, however,
only address wastes (i.e.
materials to be discarded)
regardless of whether they are hazardous or not. Hazardous wastes also
are defined in DOT regulations as a subset of hazardous materials (see
Chapter 4).
                                                           EXAMPLE

                                                A drum of methyl ethyl ketone (MEK)
                                                being stored in your cooperative's
                                                warehouse is a hazardous material
                                                under EPCRA regulations, but it is not
                                                a hazardous waste under RCRA
                                                because it is not a waste. If the MEK
                                                becomes contaminated during storage
                                                and cannot be used, it becomes a
                                                waste, and, because it is on one of the
                                                RCRA lists (see Section 3.1.3),
                                                becomes a hazardous waste.
 3-2

-------
                                                   Empower Your Cooperative
3.1.1 What Is Solid Waste?
            The definition of solid waste is so
            broad that most materials you dispose
            of fall within it (see box). However,
            there are a number of disposable
            materials that are ex eluded from the
            definition of solid waste (and thus
            hazardous waste).
                                               EXPLANATION

                                       Solid waste is not necessarily just
                                       a solid item. Solid waste under
                                       RCRA can be a liquid, a solid, a
                                       semi-solid, or a contained gas.
 Exclusions
 from solid
 waste
 definition
The following materials are excluded from the definition (in RCRA) of solid
waste:

   •  Domestic sewage, and any mixture of domestic sewage and other
      wastes that passes 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.
      See Chapter 8 for a discussion of disposal of these wastes.

   •  Industrial wastewater discharges that are point source discharges
      (i.e., they are discharged from a single point or pipeline, see
      Chapter 8) and are regulated under section 402 of the Clean Water
      Act (CWA). This exclusion only applies to the actual point source
      discharge. Industrial waste waters that are being collected, stored,
      or treated before discharge are not excluded, or are sludges that
      are generated by industrial wastewater treatment. If you are
      treating your own wastewater, the sludges are considered solid
      waste, and could be hazardous waste.

There are a number of other materials excluded from the definition of solid
waste, but cooperatives do not ordinarily generate those kinds of
materials.
3.1.2 What Is Hazardous Waste?

            Once you have determined
            that your material to be
            disposed is solid waste, you
            then must determine if it is
            hazardous. Activities you
            typically perform at your
            cooperative such as vehicle
            maintenance or repair, vehicle
            refueling, equipment service
            and repair, spill cleanup, and
                                            USEFUL TIP

                                Common materials you could be using at
                                your cooperative which typically are
                                hazardous waste when you are ready to
                                dispose of them include solvents, cleaning
                                products, herbicides, pesticides, and wood
                                preservatives. PCB waste is not a
                                hazardous waste unless it is a mixture of a
                                PCB waste and a hazardous waste (like
                                PCB-contaminated transformer oil mixed
                                with a solvent). PCB waste is regulated
                                under TSCA, and the PCB rules. These
                                rules are discussed in Chapter 2.
                                                                         ss  3-3

-------
Empower Your Cooperative
            managing pesticide application residues may generate hazardous wastes.
            So if you perform any of these activities, you may be generating
            hazardous wastes.  Hazardous wastes may also be generated during
            power production operations at generation and transmission cooperatives
            but these will not be discussed in this document.  Information on
            management of those wastes can be obtained from other EPA documents
            listed in Section 3.5.

            For a waste to be classified as hazardous, either it is:

               •   On one of the four lists of hazardous wastes included in the RCRA
                  regulations (this is called a "listed waste," see Section 3.1.3),

               •   It has one or more hazardous characteristic (this is called a
                  "characteristic waste," see Section 3.1.4), or

               •   It is a mixture of a listed hazardous waste and other wastes.  It is
                  important to note that wastes that are mixtures that include
                  hazardous wastes are regulated as hazardous waste regardless of
                  the proportions of the mixture (see Section 3.1.5).
                                                        USEFUL TIP
Sections 3.1.3 and 3.1.4 should
assist you in determining if your
wastes are listed or                 The ,abe| or materja| safety data
            characteristically hazardous. It is
            important to note that some
            wastes that could be considered
            hazardous are exempt from the
            definition of hazardous waste
            (See Section 3.1.6).
                                  sheets (MSDS) for the chemical or item
                                  to be disposed often will tell you
                                  whether it is a hazardous waste when it
                                  is disposed.
3.1.3 How to Use the Lists to identify a Hazardous Waste

            RCRA regulations (at 40 CFR Part 261.31 through 261.313) contain a set
            of four lists of wastes that are deemed hazardous. 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 managed properly. Even when managed properly, some listed wastes
            are so dangerous they are called acutely hazardous wastes. Examples of
            acutely hazardous wastes include wastes generated from some pesticides
            that can be fatal to humans even in low doses.
3-4

-------
                                                    Empower Your Cooperative
             Each list represents a
             different category of
             hazardous wastes. The
             categories are de fined by
             the source of the waste.
             Each category has a
             different alphabet letter (K,
             F, U, and P).  Each specific
             waste on a list is assigned
             a 4-digit code that starts
             with the alphabet letter
             followed by three numbers.
        HOW TO READ THE LISTS

When you look at the F and K lists, the waste
code is in the left-hand column.  The middle
column describes the waste. You must read
these very carefully because the descriptions
are very specific. The third column lists the
code for why the waste is included on the list
(T means toxic, I means ignitable, etc.,
H means the waste is an acutely hazardous
waste).  When you look at the P and U lists, the
code is in the left-hand column, the chemical
abstracts service (CAS)  registry number is in
the middle column, and the chemical name is
in the right-hand column. If the chemical is
listed for anything other than toxicity, that code
also appears in the right-hand column.
             K-listed wastes are
             generated by specific types
             of processes, so it is
             unlikely that your
             cooperative generates any K-listed wastes.

             F-listed wastes are from nonspecific sources. Many solvents such as
             toluene, xylene, and MEK become F-listed wastes after they have been
             used.
             U- and P-listed wastes are discarded unused commercial chemical
             products with the listed chemical name, or products where the listed
             chemical is the sole active ingredient.  U- and P-listed wastes include off-
             specification materials, container residues, and spill residues. For
             example, a 5-gallon bucket of the herbicide 2,4-D that has rusted and the
             contents can no longer be used, would be an example of a U-listed waste
             (hazardous waste code U240).  Used formulations of U- or P-listed wastes
             would be hazardous wastes under another list, or be characteristic
             hazardous wastes as described
             below.
             A listed hazardous waste remains
             a hazardous waste, even if you
             spill it or mix it with something
             else.

3.1.4 How to Determine if the Waste
      Has a Hazardous Characteristic

             A waste is characteristically
             hazardous if it is ignitable (it
             catches fire under certain
                 RESOURCE

       If you think your waste has one of the
       hazardous characteristics but you are,
       unsure, you can call the EPA RCRA  x
       hotline at 1-800-424-9346, or the
       Chemical Referral Service Hotline at
       1-800-262-8200.  The Chemical
       Referral Service Hotline is provided by
       the National Chemical Manufacturers
       Association.  In addition, NRECA or
       your statewide association may be able
       to assist you.
                                                                               3-5

-------
Empower Your Cooperative
            conditions), corrosive (it corrodes metal or has a very high or low pH),
            reactive (it is unstable and explodes or produces toxic fumes, gases, and
            vapors when mixed with water or under other conditions such as heat or
            pressure), or toxic (it is harmful or fatal when ingested or absorbed or
            leaches toxic chemicals into the ground when disposed of on land).
            These characteristics can be found in the regulations at 40 CFR 261.21 to
            61.24. If your waste has any of these characteristics, it is a characteristic
            hazardous waste.
 Use
 MSDSsto
 determine if
 the product
 you are
 disposing
 has a
 hazardous
 character-
 asdic
Consult the MSDS for the product
that you are discarding to help
determine if, as a waste, it has any
of these hazardous characteristics
(e.g., reactivity, ignitability, toxicity,
or corrosivity). You can determine
if your material to be discarded is
toxic by having it tested at an
analytical laboratory using the
toxicity characteristic leaching
procedure (TCLP). A
characteristic hazardous waste
remains a hazardous waste as
long as it displays the
characteristic (see box).
     USEFUL TIP - TREATING
  CHARACTERISTIC HAZARDOUS
            WASTE

Generators (see Section 3.2) may treat
characteristic hazardous wastes to
remove the hazardous character (in
any way except by thermal treatment)
in accumulation tanks or containers.
The treatment must be completed
within the storage time requirements
for the waste, and the tanks or
containers must be managed
according to the save storage practices
discussed in Section 3.3.3 (51FR
10146, pg. 10168, March 24,1986).
3.1.5 The Mixture Rule
             If a listed hazardous waste is mixed with other wastes (such as pouring
             spent listed solvents in the dumpster) or mixed with product material (such
             as a material containing chemicals that would be listed hazardous wastes
             if discarded, spill cleanup material, or spill-contaminated soil), and the
             ensuing mixture is then disposed of, the mixture is considered a
             hazardous waste. Cooperatives that unintentionally or knowingly mix
             listed hazardous waste with other materials may dramatically increase the
             amount of hazardous waste that must be disposed.

             Mixtures of characteristic hazardous waste and other wastes remain
             hazardous, unless the mixture no longer displays the characteristic.  For
             example, waste gasoline-soaked rags could be characteristically
             hazardous wastes because the waste gasoline met the characteristic of
             ignitability and the characteristic of toxicity (because of the amount of
             benzene present in the gasoline). If the gasoline-soaked rags do not
             meet these characteristics, however (or other hazardous waste criteria),
             the rags do not have to be managed as hazardous waste.
3-6

-------
                                                 Empower Your Cooperative
3.1.6 Wastes Excluded from Hazardous Waste Regulation

            Some wastes are excluded from the definition of hazardous (and
            therefore, solid) waste. Types of excluded wastes that would be of
            interest to cooperatives include:

               •  Household waste, which is any material which has been generated
                  in a residence and typically generated by a consumer in the
                  household during daily tasks. Household wastes maintain this
                  status throughout collection, transportation, storage, treatment,
                  disposal, recovery or reuse. "Households" include single, and
                  multiple residences, hotels and motels, and campgrounds.

               •  Solid wastes generated by the growing and harvesting of
                  agricultural crops and/or the raising of animals, including animal
                  manures, and which are returned to soils as fertilizers.

               •  Fly ash waste, bottom ash waste, slag waste, flue gas emission
                  control waste, generated primarily from combustion of coal or other
                  fossil fuel, except as provided by 40 CFR § 266.112 for facilities
                  that burn or process hazardous wastes.

               •  Discarded arsenically-treated wood products (i.e., utility poles)
                  which fail the TCLP test (see Section 3.1.4) for hazardous waste
                  codes  D004 through D017 (see Section 3.1.3) and which are not
                  hazardous waste for any other reason. This exemption is only
                  applicable if the wood products to be discarded are generated by
                  persons who use them for their intended end use (i.e., cooperatives
                  discarding arsenically treated utility poles).

               •  Petroleum-contaminated media and debris that fail the TCLP test
                  for toxicity and are subject to underground storage tank (LIST)
                  Corrective Action regulations under 40 CFR Part 280 (see
                  Chapter 5).

               •  Used chlorofluorocarbon refrigerants from totally enclosed heat
                  transfer equipment, including mobile air conditioners, provided the
                  refrigerant is reclaimed for further use.

               •  Used motor oil to be recycled, unless it is mixed with a hazardous
                  waste. However, used motor oil  has its own set of rules for
                  management and you should be familiar with them (see Section 3.4
                  for additional information).
                                                                           3-7

-------
Empower Your Cooperative
3.2
         •  Non-terne plated used oil filters, which are not mixed with listed
            hazardous wastes, if the filters are gravity hot-drained through one
            of the following methods:

            • Puncturing the filter anti-drain back valve or the filter dome end
               and hot-draining;

            • Hot-draining and crushing;

            • Dismantling and hot-draining; or

            • Any equivalent hot-draining method that will remove the used
               oil.

            Contact the oil filter manufacturer to determine if they are terne-
            plated.

      Samples of solid waste, water, soil, or air collected for testing to determine
      their characteristics or composition are excluded from some regulations
      during storage or transportation to and from a laboratory.  Samples
      collected for the purpose of treatability studies are exempt during storage
      or transportation or while undergoing treatability studies at laboratories
      and testing facilities.

      There are other wastes excluded from the definition of hazardous, but
      cooperatives generally would not generate these wastes in their normal
      course of activities.

WHAT ARE THE WASTE MANAGEMENT REGULATIONS THAT
APPLY TO MY COOPERATIVE?

      To determine which Federal hazardous waste regulations apply to your
      cooperative, you must first determine your generator category.  EPA
      defines three categories of hazardous waste generators depending on the
      quantity of hazardous and acutely hazardous wastes generated. These
      categories are:
 Hazardous
 waste
 generator
 categories
            Conditionally exempt small quantity generators (CESQGs) that
            generate less than 220 Ibs (100 kg) of hazardous waste per
            calendar month and less than 2.2 Ibs (1 kg) per month of acutely
            hazardous wastes, and never store more than 2,200 Ibs (1,000 kg)
            for any period of time.

            Small quantity generators (SQGs) that generate 220 to 2,200 Ibs
            (100 to 1,000 kg) of hazardous waste and up to 2.2 Ibs (1 kg) per
3-8

-------
                                                 Empower Your Cooperative
                  month of acutely hazardous wastes per calendar month and never
                  store more than 13,228 Ibs (6,000 kg) for any period of time.

               «   Large quantity generators (LQGs) that generate more than 2,200
                  Ibs (1,000 kg) of hazardous waste per month and/or 2.2 Ib (1  kg) of
                  acutely hazardous waste per month.

3.2.1 How Do I Determine My Cooperative's Generator Category?
 What to
 measure
          USEFUL TIP

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, also.
You must determine how much
waste you generate in order to
decide which category you are in.
It is important that you measure
only the amount of hazardous
and acutely hazardous waste
you generate each month.
These include:

   •  Wastes that accumulate
      on your property before
      disposal or recycling for
      any period of time during the month,

   •  Wastes that were packaged and transported away from your
      cooperative during the month without being accumulated first (do
      not count wastes packaged and transported during the month, if
      they accumulated during previous months, or if they were already
      counted as wastes that accumulated during the month),

   •  Hazardous wastes placed directly in a regulated treatment or
      disposal unit at your cooperative without being accumulated first,

   •  Waste generated as still bottoms or sludges and removed from
      product storage tanks.

   •  Solvents generated from a parts washer, even if you have a
      contract with an outside company to manage those solvents. Your
      cooperative is still considered the generator of the waste solvents,
      and you must include them in your monthly totals.

Be careful not to double count your wastes. For example, if you
shipped the waste off your facility for recycling or disposal within the
month it accumulated, do not count it both as waste accumulated and
waste transported.
                                                                          3-9

-------
Empower Your Cooperative  ===^===^====

 What not to   Do not measure any wastes listed in Section 3.1.6 as exempt. Also, do
 measure     not measure any of the following items:

               •  Wastes that might be left in the bottom of containers that have
                  been thoroughly emptied through all conventional means such as
                  pouring or pumping, and that no more than 2.5 cm (1 in) remains in
                  the container

               •  Residues in the bottom of tanks storing products (such as fuel,
                  solvents, unused motor oil) while the unit is in operation

               •  Any materials while they are managed immediately upon
                  generation in a totally enclosed treatment unit, an elementary
                  neutralization unit, or a wastewater treatment unit. Once these
                  wastes are removed  from the unit and stored they must be
                  measured, however.
                  Wastes (such as solvents
                  or contaminated antifreeze)
                  that are  reclaimed                      RECYCLING
                                  USEFUL TIP - SOLVENT
                                               Solvent still bottoms, or residues from
                                               any on-site recycling are hazardous
                                               waste, and must be counted for
                                               determining generator status.
continuously on site, as
long as the wastes are not
stored before being
reclaimed.  If you reclaim
your solvents on site, and
have a system for doing
this that does not require the solvents to be removed from the
system, you do not have to count them. If you have an antifreeze
recycling system on site that connects directly to the vehicle, and
places the recycled antifreeze back into the vehicle from which it
came, do not count the antifreeze.

Waste oil that meets the criteria for used oil (see Section 3.4.4) and
is to be managed and handled as used oil.

Batteries, pesticides,  and mercury thermostats which fall  under the
universal waste rule (see discussion on universal waste rule,
below), or lead-acid batteries to be recycled.

Waste or off-specification chemicals, such as P or U-listed wastes,
that used directly as ingredients in another manufacturing
processes (i.e., you are selling the chemical to another
manufacturer who can use it in their manufacturing process).

Solvents that remain in a parts washer and are not removed as a
waste.
3-10

-------
3.2.2 What Is the Universal Waste Rule?
                                                    Empower Your Cooperative
             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
             40 CFR parts 260 through 272 for
             three specific, but widely
             generated types of wastes that
             potentially would be regulated as
             hazardous.

             Under the rule, universal wastes
             include:

                •  Batteries that are spent,
                   that will not be reclaimed or
                   regenerated either at your
                   cooperative or at a battery
                   recycling/reclamation facility
                   (under 40 CFR Part 266
                   Subpart G). Spent alkaline
                   batteries are not typically
                   hazardous waste and do
                   not have to be managed as
                   hazardous or universal
                   wastes. Types of spent
                   batteries your cooperative
                   may generate that would be
                   universal wastes include
                   those in electronic
                   equipment, mobile
                   telephones, portable
          USEFUL TIP

The universal waste rule is less
stringent than existing RCRA
regulations. Because of this, some
states have not adopted it. Check with
your state to see if it has. As of
November 6,1996, 27 states had
adopted the universal waste rule
standards, and 9 had proposals
pending for adopting it. Also, some
states include more than just batteries,
mercury thermostats and pesticides in
their definition of universal waste.
     USEFUL TIP - LEAD-ACID
           BATTERIES

Spent lead-acid batteries can be
managed either as universal waste or,
if you know you will recycle or reclaim
the batteries, according to specific
requirements (in 40 CFR 366 Subpart
G) for lead-acid batteries to be
recycled (or reclaimed).  It is
recommended that you plan to recycle/
reclaim your spent lead-acid batteries
(rather than dispose of them), and
manage them according to the
requirements in 40 CFR 266 Subpart G
because these requirements are even
less stringent than the universal waste
management requirements.
                   computers, and emergency backup lighting (see box, lead-acid
                   batteries).  If you are sending your spent lead-acid batteries to a
                   reclaimer or regenerator, you may manage them according to the
                   requirements in the universal waste rule, rather than according to
                   the more stringent RCRA hazardous waste management
                   requirements.

                   Pesticides that have been suspended or canceled including those
                   that are part of a voluntary or mandatory recall under FIFRA
                   (Section 19b) or by the pesticide registrant; are unused but
                                                                             3-11

-------
 Empower Your Cooperative
                  managed as part of a waste pesticide collection program; or are
                  obsolete, or damaged.  Pesticides that are not solid wastes or are
                  not hazardous wastes are excluded as are recalled pesticides and
                  recalled products managed in compliance with 40 CFR Section
                  262.70 (which addresses pesticides disposed of on the farmer's
                  own farm according to the directions on the pesticide label, and the
                  container is triple rinsed as required in the regulation).

               •  Mercury thermostats including temperature control devices
                  containing metallic mercury.  The ampules containing the mercury
                  in these thermostats also can be considered universal waste if they
                  are removed from the thermostat according to very specific
                  requirements in the universal waste regulations.  However,
                  removing the mercury ampule can cause it to break and release
                  the mercury, making you liable for a mercury spill and associated
                  cleanup materials.  In addition, removing the ampule makes the
                  thermostat useless. Therefore, it is recommended that the entire
                  thermostat assembly be left intact, and managed and disposed as
                  universal waste. Thermostats that do not contain mercury are
                  excluded.

            The Universal Waste rule establishes requirements applicable to four
            types of universal waste generators or collectors. Two types apply to rural
            electric cooperatives: small quantity handlers of universal waste
            (SQHUW), and large quantity handlers of universal waste (LQHUW).
            Handlers include persons who generate or create such waste, as well as
            those who receive universal waste from others and consolidate it before
            sending it to other handlers, recyclers, or treatment/disposal facilities.

            SQHUWs include those that accumulate less than 5,000 kilograms of
            universal wastes. LQHUWs are those that accumulate 5,000 kilograms or
            more of universal wastes.  The other two types are transporters, and
            destination facilities. Specific requirements of the universal waste rule
            can be found at 40 CFR Part 273. Compliance with the universal waste
            rule is discussed in Section 3.4.3.

3.3  HOW DO I COMPLY WITH THE WASTE MANAGEMENT
      REGULATIONS?

            Each category of hazardous waste generator (not to be confused with
            universal  waste handler) must comply with the hazardous waste rules
            specific to that category (discussed below).  Most cooperatives are either
            CESQGs or SQGs.  Generation and transmission facilities may be LQGs.
            Only the requirements of CESQGs and SQGs will be discussed in this
3-12

-------
                                     Empower Your Cooperative
document. If you believe you are an LOG, you must refer to other
documents for detailed information on your compliance requirements.
Depending on your activities, you
might be regulated under different
rules at different times. If, for        .           .   .      t.   . ,..
                      '            In many cases, businesses that fall into
                                                       USEFUL TIP
                                  different generator categories at
                                  different times choose to satisfy the
                                  more stringent requirements to simplify
                                  compliance.
            example, you generate less than
            220 Ibs (100 kg) of hazardous
            waste and less than 2.2 Ibs (1 kg)
            of acutely hazardous waste during
            one month, you would be
            considered a CESQG for that
            month, and your waste for that month would be subject to the hazardous
            waste management requirements for CESQGs. If, the next month, you
            generate between 220 and 2,200 Ibs (100 to 1,000 kg) of hazardous
            waste, your generator status would change from CESQG to SQG and
            your waste would be subject to the  management requirements for SQGs.

3.3.1 What Are the Compliance Requirements for CESQGs?

            You should consider your cooperative a CESQG if you consistently
            generate less than 220 Ib (100 kg) of hazardous wastes per month, and
            less than 2.2 Ib (1  kg) of acutely hazardous waste per month. As a
            CESQG, your compliance requirements are quite simple. There are three
            basic waste management requirements that apply to CESQGs. These
            requirements are:

               •  Identify your hazardous and  acutely hazardous wastes and know
                 which .wastes you generate are hazardous.

               •  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 wastes [this includes any wastes you shipped off your
                 cooperative  (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 (see Chapter 4 for information on preparing your waste
            for shipping), or if you treat (e.g., solvent distillation) or dispose of your
            hazardous waste at your cooperative, ensure that your disposal facility is :
                                                            3-13

-------
Empower Your Cooperative
               •  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).

            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, it is recommended that you
            follow the waste storage and handling requirements for SQGs (provided in
            Section 3.3.2), to minimize the possibility of any leaks, spills or other
            releases that potentially could cause economic hardship to your
            cooperative.

      CESQG Self-transporting of Hazardous Wastes

            CESQGs are permitted to transport their own wastes to the treatment or
            storage facility,  (whereas SQGs and LQGs must 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.  In
            addition, DOT regulations require that all transporters of hazardous waste
            that qualify as a DOT hazardous material (see Chapter 4), including
            CESQGs, comply with EPA hazardous waste transporter requirements,
            found in 40 CFR Part 263.  Both EPA and DOT transportation
            requirements are discussed in Chapter 4.
3.3.2 What Are the Compliance Requirements for SQGs?

            If you determine, based on the
            amount of waste you generate,
            that you are an SQG, you must       Your state environmental protection
            comply with the following
            requirements:

               •   Obtain a 12-character EPA
                  Identification number (if you


3-14 ==^^=^=^^^=
                                                       USEFUL TIP
agency can help you determine
whether your cooperative is an SQG,
and can answer your questions about
quantities to count.

-------
                                          Empower Your Cooperative
            have not already done so).  EPA and states use these numbers to
            monitor and track hazardous waste activities. You will need to use
            your identification number when you send waste off site to be
            managed.

         •   Comply with monthly generation and maximum onsite accumulation
            limits.

         •   Follow the storage and handling procedures required by EPA for
            SQGs.

         •   Follow EPA requirements for access to communications or alarms,
            access to and testing and maintenance of emergency equipment,
            and emergency arrangements with local authorities (see Section
            3.3.4).

How Does My Cooperative Obtain an EPA Identification
Number?
      First, contact your state agency to
      determine if you need an EPA                 USEFUL TIP
      Identification Number.  If you do,      . ,            ,    .   .
                           3           A few states use a form that is
                                       different from EPA form 8700-12.
                                       Check with your state agency to obtain
                                       the correct form.
      obtain a copy of EPA form 8700-
      12 "Notification of Hazardous
      Waste Activity;" your state should
      provide this. With the form you
      will receive a booklet that contains
      instructions on how to complete the form, and information on how to
      identify your waste.  Fill in the form completely.  To complete item IX?on
      the EPA form, you will need to identify each hazardous waste by its EPA
      hazardous waste code (see Section 3.1.3).  You must complete one copy
      of the form for each  business site where you generate or handle
      hazardous waste(s). Each site will receive its own number.  Send the
      completed form to your state hazardous waste office. The address will be
      included in the information booklet that you will receive with the form.

What Are the Hazardous Waste Generation and Accumulation
Limits for SQGs?

      As an SQG, your cooperative is limited to generating less than 2,200 Ibs
      (1,000 kg) of hazardous waste per month, and accumulating a maximum
      of 13,228 Ibs (6,000 kg) of waste on site at any one time.  You may only
      store your waste on site for 180 days before sending it off site for
      recovery, treatment or disposal. This accumulation time limit may be up
                                                                 3-15

-------
Empower Your Cooperative
 You may
 only store
 your waste
 on site for
 180 days,
 or less
                                   ACCUMULATION WARNING!

                             If you accumulate your waste longer than 180
                             days (or 270 days, see text), you are
                             considered a treatment, storage, or disposal
                             facility (TSDF) and must obtain an EPA
                             operating permit.
to 270 days if you must
transport the waste more
than 200 miles from your
cooperative for recovery,
treatment or disposal.
Limited extensions to the
time limits for accumulating
your hazardous wastes
may be granted by the
state or regional EPA administrator for very specific reasons.

While accumulating your hazardous waste at your cooperative, you are
responsible for its safe management, which includes safe storage, safe
treatment, preventing accidents, and responding to emergencies (such as
spills) in accordance with federal regulations (see Chapter 7 for
appropriate spill response activities and requirements). Safe storage
practices are described below.
3.3.3 What Are Recommended Practices for Safe Storage of
      Hazardous Waste?
                                       II
                                                     USEFUL TIP

                                         It is a good practice never to mix wastes.
                                         Mixing wastes can create an unsafe work
                                         environment and potentially can lead to
                                         complex and expensive cleanups and disposal.
Wastes may be
accumulated in tanks or
containers (such as 55-
gallon drums). Tanks or
containers must be made
of or lined with material
compatible with the waste
to be stored (to prevent the
waste from corroding or reacting with the container).  Take care not to mix
incompatible types of waste or materials in the same container or tank
(see box). Containers and tanks must be labeled with the words
"HAZARDOUS WASTE," and containers must be marked with the date
the waste was generated (i.e., the date when hazardous waste was first
put into the container). You also should mark the EPA waste code on the
container. Although Federal regulations do not require you to mark the
EPA waste code on the container, most states do, and it is highly
recommended.

Containers—You must keep your containers of hazardous waste closed
(i.e., bungs and lids screwed tight) during storage; open them only when
adding or removing waste. You must maintain the containers in good
condition. Your containers should not be handled, stacked, or stored in
any way that might rupture them, cause them to leak, or otherwise fail. If
you store a few or many containers together in one area, you should
3-16

-------
         Empower Your Cooperative
  USEFUL TIP - STORING REACTIVE OR
    IGNITABLE WASTES IN TANKS OR
            CONTAINERS

The National Fire Code established by the
National Fire Protection Association (NFPA)
sets buffer zone requirements that specify
distances considered to be safe for covered
tanks containing ignitable or reactive wastes.
You can obtain these requirements and other
information on storing reactive or ignitable
wastes by calling the NFPA at (617) 770-3000.
The information will be under the list of
publications for the "Flammable and
Combustible Liquids Code."
maintain enough space
between or around your
containers to permit
unobstructed access by
emergency personnel, or
movement of fire protection,
spill control, or
decontamination
equipment.  Ignitable waste
cannot be stored within 50
feet of a property line.
NFPA requirements must
be maintained also (see
box). You should inspect
the areas where containers
are stored at least weekly to
look for leaks and deterioration of the containers. The containers should
be on pallets to be sure the bottom is not leaking. Weekly inspections
also can be used to ensure that containers are being handled and stored
correctly to prevent leaks or ruptures.  If a container leaks, put the waste
in another container, or contain it in some other way that complies with
EPA regulations.

Container Storage Areas—You should consider setting aside and
marking a designated on-site hazardous waste storage area for your
hazardous waste that should be considered a collection area for your
whole cooperative. You also can accumulate up to 55 gallons of
hazardous waste in properly labeled containers at or near the various
parts of your cooperative where the waste is generated. These are called
satellite accumulation areas. Once 55 gallons of hazardous waste in
properly labeled (marked "HAZARDOUS WASTE") containers or drums
has accumulated in your satellite area, you must note the date on the
container (when 55-gallons was accumulated) and move it to your
designated on-site hazardous waste storage area.

As discussed above, SQGs can store waste on-site for 180 days (or for up
to 270 days if the waste must be shipped over 200 miles) before sending
it off site for recovery, treatment or disposal (there is no time limit for
waste storage at CESQGs). The type of storage area SQGs must
maintain and the container marking requirements are set by your state.
Contact your state for details on these requirements.

Container Disposal—You must not throw away containers with product
in them. If you have a container that has been emptied a§ much as
possible by normal means, such  as pouring, and has less than 1 inch of
                                 3-17

-------
Empower Your Cooperative
 You can
 not dispose
 of a
 container
 until less
 than 1 inch
 of product
 remains
product (or less than 3 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 of the container and properly
manage it as hazardous waste. Containers that have held acutely
hazardous waste (P-listed wastes and a few F-listed wastes) must be
triple rinsed before they are no longer regulated as hazardous waste.
However, the rinsate from these containers is regulated as hazardous
waste, and must be managed accordingly.

Tanks—You should provide at least two feet of freeboard (space at the
top of the tank) in uncovered tanks, unless the tank is equipped with a
containment structure, a drainage control system, or a standby tank with
adequate capacity. You should equip any of your tanks that have
automatic waste feed with a waste feed cutoff system, or a bypass system
for use in the event of a leak or overflow. If you store reactive or ignitable
wastes in tanks you should follow the National Fire Protection Association
(NFPA) requirements (see box) for buffer zones between tanks, and for
other precautions about storing these types of wastes in tanks.  You
should inspect discharge control and monitoring system equipment on
your tanks, and the level of waste in uncovered tanks at least once each
operating day.  You also should examine the tanks and surrounding areas
for leaks or other problems (such as corrosion) at least weekly.  Chapter 5
provides additional information on managing and maintaining storage
tanks.
3.3.4 How Should My Cooperative Be Prepared for and Respond to an
      Emergency?
 Designate
 emergency
 coordinat-
 or^) and
 prepare a
 contin-
 gency plan
 Employees
 must be
 familiar with
 emergency
 procedures
The best way to prepare your facility for an emergency is to have a written
contingency plan and a designated emergency coordinator.  A
contingency plan usually answers a set of "what if" questions such as
what if one of the vapor degreasers leaks, what if there is an explosion
and/or fire at a hazardous waste storage area? An emergency
coordinator is an employee or group of employees, one of whom is on site
or on call at all times and has the responsibility of coordinating all
emergency response measures. Emergency coordinators must respond
to any emergencies that arise.

EPA does not require CESQGs or SQGs to prepare a written contingency
plan, in case of fire, explosion, or toxic release, however, having such a
plan would provide an organized and coordinated course of action.
Information on preparing contingency plans, is provided in Chapter 7.
EPA does require all facilities to designate an emergency coordinator or
coordinators,  and requires that all employees be  familiar with proper
3-18

-------
Emergency
requirements
for SQGs
                                                   Empower Your Cooperative

            waste handling and emergency response procedures as they apply to the
            employees responsibilities.

            CESQGs—There are no emergency response requirements for CESQGs.
            However, it is good business practice to have, at a minimum, established
            basic safety guidelines and response procedures (such as the ones
            described in this section) to follow in the event of an emergency.

            SQGs—EPA requires all SQGs to establish safety guidelines and
            procedures. EPA requires SQGs that store hazardous waste on site to be
            equipped with and ensure that personnel handling hazardous waste have
            access to the following:
•  An internal
   communications or alarm
   system capable of providing
   immediate emergency
   instruction (voice or signal)
   to all personnel.

•  A device, such as a
   telephone (immediately
   available at the scene of
   operations) or a hand-held,
   two-way radio, capable of
   summoning emergency
   assistance from local
   police and fire departments
   or emergency response
   teams.
     IN CASE OF EMERGENCY

In the event of a fire, explosion, or
other release of hazardous wast that
could threaten human health outside
your cooperative, or if you think that a
spill of a reportable quantity (note that
for oil or gasoline spills, any spill that
causes a sheen on surface waters
must be reported) has reached surface
water, call the National Response
Center at 800-424-8802 to report an
emergency. The Response Center will
evaluate the situation and help you
make the appropriate emergency
decisions.  In many cases, you will find
that the problem you faced was not a
true emergency, but it is better to call if
you are not sure. Stiff penalties exist
for failing to report emergencies!
               •   Portable fire extinguishers,
                  fire control devices
                  (including special extinguishing equipment, such as that using
                  foam, inert gas, or dry chemicals), spill control materials, and
                  decontamination supplies.

               •   Water at adequate volume and pressure to supply water hose
                  streams, foam-producing equipment, automatic sprinklers, or water
                  spray systems.

           Your cooperative must test and maintain all equipment to ensure proper
           operation. You also must attempt to secure arrangements with fire
           departments, police, emergency response teams, equipment suppliers,
           and local hospitals, as appropriate, to provide services in the event of an
                                                                         a 3-19

-------
Empower Your Cooperative  =^=:^^=^=:^^=ss^^^E

            emergency. Information on requirements for notification of emergency
            officials is provided in Chapter 7.  Your contingency plan does not have to
            be a separate document, it may be part of your facility spill plan if you are
            required to prepare such a plan (see Chapter 7).

3.3.5 What Are the Waste Management Reporting Requirements?

            Your cooperative 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 multicopy shipping document that
            reports the contents of the shipment, the transport company used, and the
            treatment/disposal facility receiving the waste.  The manifest form is
            designed so that shipments of hazardous waste can be tracked from the
            site of generation to the final destination. Information for completion of
            this form is discussed in detail in Chapter 4.  You must keep a copy of the
            manifest signed by the transporter who receives your waste for
            transportation. You must keep this copy until you receive a signed copy
            of the manifest from the company that takes your waste. It is important
            that you receive a signed copy of the manifest from the company that
            takes your waste because this is your proof that the waste made it to the
            final destination. The signed copy of the manifest is required to be kept
            on file for 3 years.

            Land Disposal Restriction Notification—Land disposal restrictions (see
            Section 3.4.1) are regulations prohibiting the disposal of some hazardous
            wastes on land (i.e., in landfills) without prior treatment of the waste. A list
            of wastes that require treatment is provided in 40 CFR 268.40. With your
            initial shipment of hazardous waste to each treatment or storage facility
            your cooperative uses, you will have to provide a notification that specifies
            which of the wastes you have generated is restricted from land disposal.
            You also are required to submit a notification to each facility used every
            time your waste changes. This notification should be attached to your
            hazardous waste manifest (see above, and Chapter 4) and a copy placed
            in the file. This notification ensures proper treatment and disposal; copies
            of each form must be kept for 5 years.

            If you plan to ship wastes off-site for recycling, then you may not need a
            Land Disposal Restriction Notification Form for every shipment. For
            SQGs, a "tolling agreement" can be developed for shipments after the
            initial shipment. Please contact your state for more information on these
            agreements, and the land disposal restrictions for your state.
 3-20

-------
                                                   Empower Your Cooperative
3.4  HOW DO COOPERATIVES MANAGE SPECIFIC WASTES THEY
      GENERATE?
 You are
 responsible
 for
 determining
 whether
 your waste
 is
 hazardous
 or not.
 You are
 liable for
 your
 wastes
 after they
 leave your
 cooperative
Typical wastes generated by cooperatives include office wastes, universal
wastes (batteries, thermostats, pesticides), used oil, solvents, antifreeze,
shop rags, non-PCB electrical equipment, lamps, paints, and spent
aerosol cans.  With the exception of most office wastes (toner cartridges,
inks, and fluorescent light tubes can be characteristic hazardous waste -
see Section 3.4.2) and used oil, these types of wastes could be classified
as hazardous, and must be disposed of according to the requirements in
RCRA. As the generator of the waste, you are responsible for
determining whether it is hazardous or not. If you generate a waste that
may be considered hazardous, the  regulations require that either you
have it tested, or assume it is hazardous  and  manage it accordingly.  This
section provides information for some specific types of wastes that
cooperatives generate, including whether the  waste is likely to be
hazardous, and proper management and disposal practices for the
various types of wastes your cooperative generates. A waste
determination guide is provided in Section 3.5.3 to assist you with
determining if your wastes are hazardous, and possible disposal
techniques.

It is important to be aware that  even if you have shipped your waste off-
site and the waste no longer is in your possession, your liability has not
ended. Your cooperative can be held liable for any mismanagement of
your wastes by your transporter, recycler, or treatment/disposal facility,
even after they leave your facility. Even if your cooperative, waste
transporter, or waste recycling,  disposal, or treatment facility performs
operations authorized by permits, if the company becomes bankrupt or
can not accept the financial responsibility for a cleanup of hazardous
waste, your cooperative
may have to. So you can    1^=^-—•(
see it is important for you
to know the proper
procedures for managing
your wastes.
3.4.1 Treatment and Disposal
      Methods

            There are a number of
            different recycling,
            treatment and disposal
            methods available for your
             USEFUL TIP

Treatment or disposal facilities for solid or
hazardous wastes must have some type of
RCRA permit, depending on the operations at
the facility. Recycling or reclamation facilities
are not required to have a permit for the
recycling process, only an EPA I.D. number.
However, if the facility stores the wa|te for any
length of time prior to recycling, it ('fust have a
permit to store the waste. Facilitiesi)=eceiving
your wastes should have an EPA I.D. number,
and provide you with a full copy of any
applicable permits on your request.
                                                                           3-21

-------
Empower Your Cooperative
            wastes, depending on the type of waste. They include landfilling, various
            forms of thermal destruction, and recycling.  These methods are
            discussed below. It is important to note that the regulatory definition of
            recycling includes reclamation and resource recovery. EPA regulates
            treatment and disposal methods under RCRA (see box).
      Landfills
            Solid wastes and some types of hazardous wastes can be disposed in
            landfills. Solid wastes may be disposed in hazardous waste landfills, but
            hazardous wastes from SQGs and LQGs can not be disposed in solid
            waste landfills.  Solid waste landfills are also known as municipal landfills
            or municipal solid waste landfills.  Some states have special requirements
            for non-hazardous industrial waste landfills.

            In the past, solid waste landfills did not employ any measures to prevent
            hazardous contaminants from migrating into the soils or groundwater,
            however, most new solid waste landfills do have liners. Hazardous waste
            landfills must have systems for preventing migration of the hazardous
            wastes from the landfill, and for detecting whether any hazardous wastes
            have migrated from the landfill. The costs for disposing of wastes in
            hazardous waste landfills are much higher than for solid waste landfills,
            because of the required prevention systems, and because of the liability to
            the operators, should hazardous wastes migrate from the landfill.
 Land        Hazardous waste landfills could be
 disposal      thought of as long-term storage
 restrictions    facilities.  EPA recognized this
             limitation and developed the land
             disposal restriction regulations which
             contain requirements for treating
             some hazardous waste (that are
             "restricted from land disposal" without
             some type of treatment) prior to
             disposal in a landfill. Land disposal
             restrictions were established to
         USEFUL TIP
Whenever possible, alternatives
that recycle or destroy your
cooperative's waste should be
chosen over landfilling. These
alternatives could lessen your
potential liability should the landfill
be mismanaged and/or leak
contaminants into the environment.
             minimize the potential for landfilled hazardous waste to affect the
             environment.  Examples of treatment prior to disposal include stabilization
             or solidification of liquid hazardous wastes.

       Thermal Destruction

             The most common forms of thermal destruction for wastes are
             incineration, and open burning. Incineration involves thermal
3-22

-------
                                            Empower Your Cooperative

      decomposition of the waste material by using a regulated flame, under
      controlled conditions.  Incineration reduces waste volumes and produces
      heat and chemical byproducts, some of which may be reused, or
      recycled.  Emissions from incinerators are controlled to limit the discharge
      of pollutants to the air.  RGBs and PCB equipment (see Chapter 2) are
      typically destroyed using incinerators. Cement kilns are a type of
      incinerator used to destroy hazardous wastes. Open  burning can
      sometimes be used to destroy non-hazardous wastes such as office
      trash, or brush, but can not be used for disposal of  hazardous wastes
      (Chapter 12 discusses open burning requirements).

      Costs for destroying your wastes in an incinerator can be high, but often
      this is the best method for destroying the waste.  Disposing of wastes by
      burning for energy recovery is much less expensive than  incineration, but
      is not appropriate for many types of wastes.

Recycling/Reclamation/Resource Recovery
                                                  USEFUL TIP

                                       Some resource recovery activities
                                       (solvent distillation, antifreeze recycling)
                                       have the advantage of reusing existing
                                       product (and not consuming more
                                       product) as well as preventing possible
                                       soil and groundwater contamination from
                                       landfills, and eliminating air emissions
                                       from incinerators.
The definition of recycling
includes activities such as
reclamation, energy recovery,
and other resource recovery
activities.  Recycling is usually
the least expensive and least
stringently regulated of the
waste disposal methods.  Some
recycling activities such as
solvent distillation, antifreeze
recycling,  burning used oil (or
mixtures of used oil and solvents) for heat generation can be performed at
your cooperative and the  equipment for performing these operations is
readily available.  Recycling of other hazardous wastes such as batteries
and PCBs can be performed by a qualified recycling facility.

Chemical  dechlorination and solvent extraction are recycling techniques
for reclaiming PCB-contaminated oils. The result of chemical
dechlorination is treated oil and a small amount of PCB sludge. The oil
can be used as a dielectric fluid or reused as fuel in energy recovery, and
the PCB sludge is regulated under TSCA. Solvent extraction of PCBs is
another technique for PCB-contaminated oils. Freon is not a hazardous
waste when recycled, but special training and certification is required for
recycling or recovering freon.
                                                                    3-23

-------
Empower Your Cooperative

3.4.2 Office Waste
            As long as it does not contain
            any hazardous wastes, refuse            BURNING OFFICE WASTE
                                              You should check with your state and/or
                                              local municipality to determine
                                              requirements for burning any non-
                                              hazardous solid waste your cooperative
                                              generates (see Chapter 12).
generated in your cooperative's
business office is considered
solid waste, and can be disposed
of in any municipal solid waste
landfill.  Examples of office waste
that can be characteristic
hazardous waste include toner
cartridges, some types of inks, and fluorescent light tubes. Non-
hazardous office waste also may be burned under certain conditions (see
box, and Chapter 12 for details).
3.4.3 Universal Waste

            Under the Universal Waste Rule
                 qprtinn ^ ? ?\  anv 9OG or      UNIVERSAL WASTE MANAGEMENT
                 section 3.2.2), any bu^ or        REQUIREMENTS FOR CESQGS
            LOG that produces universal
            waste may choose to manage
            that waste according to the
            universal waste requirements, in
            states that have adopted the less
            stringent requirements. The         as "'"-hazardous solid wastes.
                                   CESQGs are not required to meet
                                   waste management requirements of
                                   the universal waste rule (see below),
                                   and may dispose of universal wastes
             Universal Waste regulations are
             much less stringent than those for
             other hazardous wastes (see below), and usually it is advantageous for a
             cooperative that is an SQG or LOG to follow the universal wastes
             requirements.

             Most cooperatives that choose to manage their universal wastes
             according to the requirements of the Universal Waste Rule probably
             qualify as a small quantity universal waste handler (SQUWH) (see Section
             3.2.2 for definitions), rather than a large quantity handler.  If your
             cooperative does its own  transporting of your universal wastes to a
             universal waste handler (for recycling reuse or disposal), you also will be
             considered a universal waste transporter, and there are specific
             requirements in the Universal Waste Rule for transporters. Since most
             cooperatives do not transport their wastes, this section will focus only on
             the requirements for small quantity handlers.

             The substantive requirements under the universal waste rule for SQHUWs
             can be found at 40 CFR  273, Subpart B, and are summarized, below.
 3-24

-------
Manage-
ment
require-
ments for
Universal
Waste
                                   Empower Your Cooperative

 •   You must manage your universal wastes to prevent the release of
    any universal waste or its components, and all releases must be
    contained immediately. You must manage any release(s) of non-
    universal wastes according to the requirements in 40 CFR 260-272
    (as discussed in this Chapter).

 •   You must not dispose, dilute, or treat your universal waste, except
    if you are responding to a release.

 •   You must clearly mark or label the waste item or container in which
    the waste is contained as follows:

    •  Universal Waste—type of waste (i.e., Battery(ies),  Pesticide(s),
       Mercury Thermostat(s).

    • Waste—type of waste (i.e., Battery(ies), Pesticide(s),  Mercury
      Thermostat(s).

    • "Used Battery(ies)," "Used Pesticide(s)," or "Used Mercury
      Thermostat(s)" (list only the one type of waste that applies).

 •   You can not accumulate your universal wastes for more than one
    year, except if you need a longer period to accumulate  sufficient
    waste to facilitate proper recycling, treatment or disposal.

 •   If your cooperative is a SQHUW, you must inform all your
    employees of proper handling and emergency procedures for the
    universal wastes you generate.

 •   If your cooperative is a SQHUW, you may not transport your
    universal wastes to facilities other than universal waste handlers,
    universal waste destination facilities, or foreign destinations, and if
    you transport your universal wastes you must follow transporter
    requirements (see Chapter 4).

•   If your cooperative is a SQHUW, and you send your universal
   wastes that are  also hazardous wastes off-site, you must comply
   with transportation requirements for hazardous wastes (see
   Chapter 4) including packaging, labeling, marking and placarding
   the shipment, and preparing the correct shipping papers.

•   If your cooperative is a SQHUW and your shipment of universal
   waste is rejected, you must either receive the waste back, or agree
   on an alternative destination facility.
                                                                         3-25

-------
Empower Your Cooperative
               •  If a destination facility receives hazardous waste that is not
                  universal waste from your cooperative, the facility must notify the
                  Regional EPA office with your shipper information.

               •  If you are a SQHUW, you are not required to keep records of your
                  shipments of universal wastes.

               •  If your cooperative is a SQHUW that exports universal wastes to a
                  foreign destination, you must comply with specified primary
                  exporter regulations (in  40 CFR 262 Subpart E), and obtain
                  consent of the receiving country (usually through EPA).  EPA
                  acknowledgment of consent also is required.

3.4.4 Used Oil Management (Including Transmission Fluid,  Brake
      Fluid, and Used Oil Filters)

            Used lubricating oils include: motor oils; synthetic oils; transmission and
            brake fluid; non-hazardous petroleum-based lubricating fluids; hydraulic,
            cutting, gear and cooling oils; used oil filters; and transformer oils that
            contain less than 50ppm PCBs (see Chapter 2).  Many of these are
            typically generated by cooperatives as a result of servicing vehicles and
            electrical equipment. Used oil  is very difficult to dispose of.  Used oil
            should not be disposed in sewers, drains, waste dumpsters or on the
            ground, or used for dust suppressant or control. Recycling (including
            burning for energy recovery - see below) of used oil that has not been
            mixed with any other waste (see below) is the most environmentally
            protective, and, often, the most economical approach to handling your
            used oil.

            To create incentives for recycling of used oil, while ensuring that the oil is
            managed to protect human health and the environment, EPA developed
            the Used Oil Management Standards. These are a set of less strict
            requirements for managing used oil that is to be recycled. The Used Oil
            Management Standards apply to all automotive service shops  (which may
            be one of your cooperative's operations), regardless of the amount of
            used oil generated.  They can be found in 40 CFR 279.

            Disposal of used oil other than by recycling can be difficult, for a number
            of reasons. The primary reason is that municipal solid waste landfills do
            not accept liquids for disposal, and you may not dispose of the oil on
            the land. Second, under the Used Oil Management Standards, if used
            oil is not to be recycled, it is subject to the solid and hazardous waste
            determination requirements under RCRA (discussed in Sections 3.1.3
            and 3.1.4). So if the used oil is determined to  be hazardous it must be
Recycling
is the best
disposal
method for
used oil
If not
recycled,
used oil is
subject to
hazardous
waste
determin-
ation
 3-26

-------
                                            Empower Your Cooperative

      disposed of in a hazardous waste incinerator.  If non-hazardous, since it
      can not go to a landfill, the only option is recycling.

Do Not Mix Hazardous Waste with Used Oil

      You should not mix used oil with other materials regardless of the
      proportions because the mixture could be considered hazardous waste
      (see discussion of the mixture rule in Section 3.1.5), and you might not be
      able to manage and/or recycle it under the Used Oil Management
      Standards. Table 3-1 indicates which regulations  apply to particular
      mixtures of used oil. It is important to note that, as Table 3-1 shows, EPA
      allows CESQGs to manage and designate mixtures of used oil and
      hazardous wastes as used oil, but not SQGs. However, many states do
      not permit such practices, and many waste transporters will not accept
      used oil that  has been mixed with hazardous waste (or will charge
      significantly more to transport the mixture than for used  oil that has not
      been contaminated), regardless of your  generator status. Where "solid
      waste/hazardous waste determination" is indicated in Table 3-1 for SQGs,
      the used oil requirements do not apply and the used oil must be managed
      as any other  solid waste that is potentially a hazardous waste as
      described in  Section 3.3.3.

Used Oil Mixing Constraints

      As Table 3-1  illustrates, EPA does not have strict mixing prohibitions for
      CESQG's, and permits SQG's to mix certain waste streams with their
      used oil without having to comply with the more strict hazardous waste
      requirements. However, some states do not allow even  CESQGs to mix
      any hazardous waste streams with used oil.  Check with your State to
      determine whether such mixing of used oil is allowed. It is not
      recommended that you mix solvents with used oil unless you intend to
      burn the mixture in your cooperative's space heaters (see below). EPA-
      approved waste transporters do not always accept solvent/oil mixtures, or
      may charge significantly more for transportation of mixtures than for
      segregated wastes (because the transporter may be required to manage
      the entire mixture as hazardous waste).

      As Table 3-1  indicates, materials that are hazardous only due to the
      characteristic of ignitability may be mixed with used oil provided that the
      resulting mixture does not exhibit the characteristic of ignitability.  In other
      words, materials such as fuel, kerosene, heating oil, and mineral spirits,
      all of which may be hazardous only because they can catch on  fire, may
      be mixed with used oil, provided the mixture is not  ignitable.  If the
      resulting mixture is ignitable, or the used oil is mixed with a listed waste,
                                                                   3-27

-------
Empower Your Cooperative
              Table 3-1.  EPA Regulatory Classification of Used Oil and Used Oil
                          Mixtures that are Destined for Recycling.
Material
Used Oil only
Used Oil mixed with listed hazardous
waste (e.g. solvent)
Used Oil mixed with characteristic
hazardous waste (e.g. corrosive)
Used oil mixed with waste exhibiting
only Ignitability characteristic and
mixture does not exhibit ignitability
characteristic.
Small Quantity Generator
Regulatory Standards1
Used Oil
Hazardous Waste
Used Oil if no
characteristic, Hazardous
Waste if exhibits
characteristic
Used Oil
Conditionally Exempt
Small Quantity
Generator Regulatory
Standards1
Used Oil
Used Oil
Used Oil
Used Oil
               1   States may have more stringent regulatory classifications than EPA. Check with your state for
                   the appropriate classification.
             or a waste with the characteristic of toxicity, corrosivity or reactivity, the
             mixture must be managed as a hazardous waste.  Ignitability is
             determined by a specific analytical method in a laboratory.

       Testing Used Oil for Hazardous Waste Contamination

             EPA has established specific methods for testing used oil for
             contamination. While an EPA-approved laboratory test would  be required
             for a definitive determination, cooperatives have other options  available.
             Because testing is not required by EPA and because certain types of
             contamination will still allow your cooperative to manage its used oil under
             the used oil regulations, you may use one of the following methods, rather
             than a more expensive test:

                •  Visually inspecting the oil for a sign of antifreeze, solvent or other
                   substance that does not appear to be oil

                •  Using a "sniffer," which is a hand held detector that the  facility puts
                   near the substance and the sniffer indicates whether the total
                   halogens are higher than what is normal for used oil. The sniffer
                   would detect high concentrations of gasoline or solvent  mixed with
                   the oil because gasoline and solvent give off more vapors that the
                   sniffer can  detect.
 3-28

-------
                                                 Empower Your Cooperative

     Acceptable Recycling Methods for Used Oil
Using used
oil in
cooperative
space
heaters
You can
reuse your
recycled
used oil
 Used oil may be recycled (i.e., burned for energy recovery, or refined/
 reprocessed). If used for energy recovery, your used oil may be burned in
 space heaters at your cooperative's auto repair shop, provided you burn
 only the oil you generate (or receive from "do-it-yourselfers"), the heater(s)
 has a design capacity of not more than 500,000 Btu per hour (most repair
 facilities have heaters with a design capacity between 100,000 and
 300,000 Btu per hour), and the combustion gasses from the heater are
 vented to the outside air. Unless your repair facility is unusually large or is
 burning more oil than necessary to  heat the repair shop, it is unlikely it
 would  have a heater with a design capacity greater than 500,000 Btu per
 hour.

 You may also send your used oil  to an off-site energy recovery facility.
 Cooperatives should ensure that the facility receiving the used oil is EPA-
 approved (i.e., the facility has  an EPA identification number). The used oil
 must be prepared for transportation to the recycling or energy recovery
 facility according to the requirements in Chapter 4, and must be
 transported by an authorized waste transporter (also must have an EPA
 identification number).

 Your cooperative's used oil also may be sent  to a refiner or reprocessor
 for recycling.  You may receive your recycled used oil  back from the
 refiner/reprocessor for use as  a lubricant, cutting oil, or coolant if you have
 such a need at your cooperative.  The most effective way to accomplish
 this is to contract a tolling arrangement with your transporter. In this case,
 (and only in this case) you  may use a transporter that does not have an
 EPA identification number, provided the contract indicates:

   •  The type of used oil and the frequency of shipments,

   •  That the vehicle used to transport the used oil to the processing/
      rerefining facility and to deliver the used oil back to the shop is
      owned and operated by the processor/rerefiner, and

   •  The reclaimed oil  will be returned to the generator.

 Used oil that becomes contaminated by a hazardous waste must be
 disposed at a RCRA-permitted disposal facility. The hazardous waste
 must be prepared for transportation  to the disposal facility according to the
 requirements in Chapter  4, and must be transported by a permitted waste
transporter (i.e., has an EPA identification number).
                                                                         3-29

-------
 Empower Your Cooperative
Used oil        EPA does not require tracking or recordkeeping for used oil generation or
recordkeepmg    shipments.  However, it is recommended that your cooperative keep logs
             or other records of off-site shipments of used oil.  Transporters, recyclers
             and burners of used oil are subject to more stringent requirements. Thus,
             keeping records of off site shipments should help limit liability if a
             transporter, recycler, or burner mismanages your cooperative's used oil.

       Used Oil Filters

             Used oil filters may be managed in two ways. They may be managed as
             materials contaminated with used  oil, or they must be completely drained
             and then either recycled for scrap  metal or disposed as nonhazardous
             solid waste. Most facilities drain the oil from the filters and then dispose
             or recycle them.  If your cooperative drains the oil from the filters, you
             must ensure that the filters are completely drained using one of the
             following EPA approved methods:

                •  Puncturing the filter anti-drain back valve or filter dome end and
                   hot-draining for at least  12 hours, or

                •  Hot-draining and crushing, or

                •  Dismantling and hot draining, or

                •  Any  other equivalent hot-draining method which will remove all the
                   used oil in the filter.

             You should be aware that some states may have different requirements
             for completely draining the oil filter.  Check with your state for any
             requirements that apply to you. The used oil from the filter must be
             managed according the requirements described above, and your state's
             requirements.

        Used Oil Contaminated Rags, Wipes, and Spill  Cleanup Material

             Used oil contaminated materials may only be disposed, recycled or
             burned for  energy recovery. According to the used oil  regulations, where
             the oil is potentially free flowing from the material (e.g., rags, wipes, or
             some absorbent materials), the material can be managed under the used
             oil requirements described above, or as RCRA wastes (i.e., they must be
             characterized as hazardous or non-hazardous and managed and
             disposed accordingly). Used oil contaminated material where there is no
             sign of free flowing oil, must be tested to determine  if it is hazardous
             waste.  If the material is hazardous, it must managed as RCRA waste.
  3-30

-------
           s^=^=^=^=^=^=5.  Empower Your Cooperative

            Many repair operations avoid the waste determination process by sending
            rags to a laundering facility for washing, rather than disposal.
3.4.5 Spent Solvents
 Criteria for
 regulating
 solvents
 under
 RCRA
EPA waste management regulations are applicable only to "spent
solvents," or those that have been "generated" as waste.  Solvents that
are being used in a parts washer may be regulated under EPA air
regulations or OSHA chemical storage regulations, but they are not
regulated under RCRA (since they are not yet waste).  Spent solvents are
likely to be hazardous wastes, unless they are citrus or water-based
(check the MSDS for your solvent to determine whether the spent solvent
will be hazardous waste).

For a chemical to be regulated under RCRA as an F-listed spent solvent,
it must meet three criteria:

      •  It must be on the list of spent solvents identified as F001
         through F005 in 40 CFR 261.31 (see Table 3-2).

      •  It must be present in the unused product at a concentration of
         at least 10 percent, or be present with other F-listed solvents in
         the unused product at a total concentration of at least 10
         percent (check the MSDS).

      •  It must have been used as a solvent.

Even if the spent solvent does not meet these criteria (and, therefore, is
not a listed hazardous waste), the properties of the product or the
contaminants that end up in the solvent through use may make the
solvent hazardous by characteristic (see Section 3.1.4). Some solvents
contain enough benzene or may accumulate enough metals to meet the
toxicity characteristic.
      Approved Solvent Disposal
      Methods

            All generators are permitted to
            manage their hazardous waste
            solvents via a solvent recycling
            service, or dispose of them by an
            EPA-approved hazardous waste
            incinerator.  The transporter of the
            hazardous waste solvents must
            have an  EPA identification number.
                                              USEFUL TIP

                                    It is not recommended that you mix
                                    solvents with used oil unless you
                                    intend to burn the mixture in your
                                    cooperative's space heaters (see
                                    Section 3.4.4).  EPA-approved haulers
                                    do not always accept solvent/oil
                                    mixtures, or may charge significantly
                                    more for transportation of mixtures
                                    than for segregated wastes (because
                                    the hauler may be required to manage
                                    the entire mixture as hazardous
                                    waste).
                                                                        = 3-31

-------
Empower Your Cooperative
          Table 3-2.  40 CFR §261.31 Listed Hazardous Waste Solvents
                              (F001 through F005)
Industry and
EPA
Hazardous
Waste Code
F001
F002
F003
F004
F005
Hazard
Code1
CO
CO
0)
(T)
(I.T)
Name of
Hazardous Waste
Tetrachloroethylene
Trichloroethylene
Methylene chloride
1 ,1 ,1-trichloroethane
Carbon tetrachloride
Chlorinated carbons
Tetrachloroethylene
Methylene chloride
Trichloroethylene
1,1,1 -trichloroethane
Chlorobenzene
1,1,2-trichloro-1,2,2-
trifluoroethane
Ortho-dichlorobenzene
Trichlorofluoromethane
1,1 ,2-trichIoroethane
Xylene
Acetone
Ethyl acetate
Ethyl benzene
Ethyl ether
Methyl isobutyl ketone
n-butyl alcohol
Cyclohexanone
Methanol
Cresols
Cresylic acid
Nitrobenzene
Toluene
Methyl ethyl ketone
Carbon disulfide
Isobutanol
Pyridine
Benzene
2-ethoxyethanol
2-nitropropane
Type of
Hazardous
Waste
Spent
halogenated
solvent used in
degreasing.
Spent
haiogenated
solvents
Spent non-
halogenated
solvents.
Spent non-
halogenated
solvents
Spent non-
halogenated
solvents.
Description
Spent solvent mixtures/blends used in degreasing
containing, before use, a total of ten percent or more
(by volume) of one or more of the above halogenated
solvents or those solvents listed in F002, F004, and
F005; and still bottoms from the recovery of these
spent solvents and spent solvent mixtures.
Spent solvent mixtures/blends containing, before use,
a total of ten percent or more (by volume) of one or
more of the above halogenated solvents or those
solvents listed in F001 , F004, and F005; and still
bottoms from the recovery of these spent solvents
and spent solvent mixtures.
Spent solvent mixtures/blends containing, before use,
only the above spent non-halogenated solvents; and
all spent solvent mixtures/blends containing, before
use, one or more of the above non-halogenated
solvents, and a total of ten percent or more (by
volume) of one or more of those solvents listed in
F001, F002, F004, and F005; and still bottoms from
the recovery of these spent solvents and spent
solvent mixtures.
Spent solvent mixtures/blends containing, before use,
a total of ten percent or more (by volume) of one or
more of the above non-halogenated solvents or those
solvents listed in F001, F002, and F005; and still
bottoms from the recovery of these spent solvents
and spent solvent mixtures.
Spent solvent mixtures/blends containing, before use,
a total of ten percent or more (by volume) of one or
more of the above non-halogenated solvents or those
solvents listed in F001 , F002, and F004; and still
bottoms from the recovery of these spent solvents
and spent solvent mixtures.
     = Toxicity, I = Ignitability
             EPA also allows small quantity generators to mix hazardous waste solvent
             with used oil provided that the resulting mixture does not exhibit any of the
             characteristics of a hazardous waste (see Section 3.4.4). Conditionally
             exempt small quantity generators may mix characteristic or listed waste
             with used oil and manage the resulting mixture as used oil (see Section
             3.4.4).  However, keep in mind that many states do not permit mixing,
             even for CESQG's (see Section 3.4.4). Facilities that have prior written
 3-32

-------
=^=^=^^^=^=^=^=^=^^=^   Empower Your Cooperative

      approval from their wastewater treatment facility may be permitted to
      dispose of hazardous waste solvent with facility wastewater.

 Contracting for Solvent Use and Disposal

      Many cooperatives contract their solvent use and disposal with outside
      vendors. Contracting for your solvent use and disposal typically is
      worthwhile. While your cooperative is still the generator, it does not have
      to store the waste solvent, arrange for its disposal, prepare it for shipping
      to an approved, licensed solvent disposer, or complete and maintain the
      manifest for the shipment (although in practice, outside vendors often use
      the manifest as a tracking document for each shipment). While the
      solvent is in the washer, it is not considered a waste by EPA.  The outside
     . vendor is responsible for replacing the solvent in the parts washer and for
      disposing of the waste solvent.

      While your cooperative is not required to maintain manifests if you have
      an arrangement with an outside vendor, the solvent must be reclaimed
      under a contractual agreement where following requirements must be
      met:

         •  The type of waste and frequency of shipments are specified in the
            agreement

         •  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

         •  The cooperative maintains a copy of the reclamation agreement in
            its files for a period of at least three years after termination or
            expiration of the agreement.

      Currently (January 1997), one outside vendor contracts the use of several
      solvents, some that are typically  hazardous (due to ignitability), and
      others that are not.  The hazardous solvents typically are contained a .
      different color parts washer than the nonhazardous solvents. To confirm
      whether the solvent contained in the parts washer is hazardous, check the
      Material Safety Data Sheet  (MSDS) for the solvent being used (these
      should be provided by your vendor). The MSDS will indicate whether the
      solvent, once it is a waste, will have any of the characteristics of a
      hazardous waste, or will contain any materials that are listed wastes.
      Remember, by mixing the solvent with hazardous waste (such as pouring
      spent hazardous waste solvent in a non-hazardous waste solvent parts
      washer) will make the mixture a listed hazardous waste.
                                                                   3-33

-------
Empower Your Cooperative

3.4.6 Used Antifreeze
            Waste antifreeze has the potential to be a hazardous waste due to its
            potentially high pH (corrosivity characteristic) or its potential to have a high
            lead content (toxicity characteristic).  Because waste antifreeze  has the
            potential to be a hazardous waste, facilities must determine whether the
            waste antifreeze is hazardous or nonhazardous.

            There are several good management practices that your cooperative
            should incorporate for your waste antifreeze. It should be noted that
            these management practices are not required by EPA (but they may be
            required by your state). They include labeling,  segregation and
            containment (see  Section 3.3.3).

      How to Determine if Antifreeze Is Hazardous Waste

 Using
 process
 knowledge
 to
 determine
 if used
 antifreeze
 is
 hazardous
 Functional
 indicators
 of
 antifreeze
 being
 hazardous
 waste
Your cooperative can determine whether or not the antifreeze used in
your vehicles is hazardous by laboratory testing of the antifreeze or by
process knowledge. If your cooperative makes the hazardous/
nonhazardous determination solely by testing, you must test each batch
of antifreeze changed from each vehicle serviced. If you use process
knowledge, your determination must involve a demonstrated
understanding of the potentially hazardous constituents in antifreeze.
Such a demonstrated understanding could include a combination of the
information on the MSDS for the type of antifreeze used, a referral to a
previous test that demonstrated that antifreeze from new vehicles does
not contain metals from the cars, and having a procedure to ensure that
any suspect antifreeze is segregated from antifreeze known not to be
hazardous. Process knowledge can also be affirmed if your cooperative
explains its approach to the State or EPA and they agree that your
antifreeze is not a hazardous waste.

In addition to testing and process knowledge, there are two functional
indicators that the antifreeze is, or is likely to be a hazardous waste'. First,
antifreeze would be considered hazardous waste if it is mixed with a
hazardous waste (such as an F-Iisted solvent listed in Table 3-2,
gasoline, or used oil). Second, antifreeze could be hazardous if it comes
from an older vehicle where the antifreeze has been  sitting for years and
has picked up enough metals (primarily lead) to be characteristically
hazardous for metals content.
3-34

-------
                                                  Empower Your Cooperative
      Reclaiming/Recycling Antifreeze

            To avoid having to manage and dispose of your antifreeze as hazardous
            waste, you can reclaim used antifreeze in a closed loop system,
            connected by piping, and return it to the vehicle it came from. EPA does
            not consider such reclaimed material to be a solid waste. Thus, even
            though the antifreeze may be hazardous, it. is not considered to be a
            hazardous waste because the antifreeze is returned to its original use as
            a coolant.  Closed loop antifreeze recycling systems are available that
            connect directly to the car radiator, filter the antifreeze and put it directly
            back into the car.  Because these systems are considered closed loops,
            they avoid the waste characterization process for the reclaimed
            antifreeze. However, any filters in the recycling equipment do need to be
            characterized as hazardous or nonhazardous when replaced. Non-closed
            loop systems are available that connect to a used antifreeze storage
            drum. However, because these are not closed loop systems, the
            antifreeze in the drum may be considered hazardous waste.

      Waste Antifreeze Disposal

            If you do not recycle your waste antifreeze at your cooperative, it may be
            recycled off site, by an EPA-approved facility. If it is hazardous waste
            (because of its lead content), you must transport it by a transporter with
            an EPA identification number, and prepare it for transport according to the
            requirements in Chapter 4. Waste antifreeze that is mixed with other
            fluids must be characterized to determine if it is hazardous waste, and
            disposed accordingly.  Non-hazardous waste antifreeze also may be
            disposed at a landfill that is authorized to accept waste antifreeze. Many
            landfills have a tank designated for used antifreeze disposal.  Used
            antifreeze may not be dumped
            with regular trash.

3.4.7 Used Shop Rags
            Although EPA has no
            requirements specific to used
            shop rags or towels, rags or towels
            must be managed as hazardous
            wastes if they are contaminated
            with a hazardous waste, such as
            F-listed solvent, or the rags display
            a hazardous characteristic due to
            the presence of gasoline, or
            metals contaminated antifreeze.
 USEFUL TIP - RAG LAUNDERING

Many states do not consider rags going
for laundering to be a hazardous waste
(although a hazardous waste could be
generated by the launderer). If the rag
is not discarded, the facility is not
subject to EPA hazardous waste
requirements, even if rags are
contaminated with hazardous waste.
However, some states may consider
rags to be solid waste, even if they are
to be sent for laundering. Check with
your state on requirements for
management of these rags.
                                                                           3-35

-------
Empower Your Cooperative
            EPA allows auto repair shops to dispose of used rags by having them
            washed through a laundry service (see box), or disposing them through an
            EPA-licensed hazardous waste transporter and disposal facility.  CESQGs
            that burn their used oil in a boiler to heat the shop may mix their used rags
            with the used oil being burned.  CESQGs also have other disposal options
            as discussed in Section 3.3.1. Since states have the lead on rag issues, it
            is imperative that your cooperative understands your state's policy.

      Used Rag Storage

            Used rags contaminated with hazardous waste and destined for disposal
            (not destined for washing) must be stored according to the hazardous
            waste storage requirements applicable to your cooperative's generator
            status (see Section 3.3.3). There are no specific requirements for
            CESQGs, while SQGs must store their rags as described in Section 3.3.3.
            Although not required by EPA, used rags that are not considered a
            hazardous waste should be stored in a separate  container from regular
            trash, such as a bucket, can, or barrel that only contains rags.

3.4.8 Non-PCB  Electrical Equipment
 Non-PCB
 means
 PCB
 concentra-
 tion less
 than 50
 ppm
                                               USEFUL TIP

                                    Dielectric fluid with concentrations of PCBs
                                    below 2 ppm are considered to have no
                                    PCBs, and could be managed and
                                    disposed as used oil (see Section 3.4.3).
Electrical equipment that has
dielectric fluid containing less than
50 ppm PCBs is considered non-
PCB (see Chapter 2). Non-PCB
electrical equipment to be
discarded should be drained, when
practical, and the oil disposed
separately from the carcass.
Carcasses of non-PCB electrical equipment can be disposed in municipal
solid waste landfills, or they may be sold to scrap and salvage dealers.
Methods other than disposal in a landfill, such as recycling of the metal,
are recommended because they are more protective of the environment.
However, some caution should be exercised in selecting outside recycling
vendors (because of the liability issues.  Chapter 2 provides a list of
vendors for recycling electrical      _
equipment to be discarded.
 How to deal
 with sealed
 electrical
 equipment
Sealed electrical equipment, such
as capacitors, must be assumed
to be PCB equipment unless they
are specifically marked as non-
PCB. Disposal of PCB items is
discussed in Chapter 2 (Section
2.4.8). If they are specifically
                                             USEFUL TIP

                                   Cooperatives should be aware that
                                   some State laws prohibit disposal of
                                   these items in a municipal solid waste
                                   landfill. EPA is planning to amend the
                                   rules to limit the number of ballasts
                                   which may be disposed of as municipal
                                   solid waste.
3-36

-------
                                                  Empower Your Cooperative
            marked non-PCB, larger sealed items to be discarded should be drained,
            and the waste dielectric fluid and carcass disposed as discussed above.
            Non-PCB ballasts and small capacitors may be disposed as municipal
            solid waste.  It is recommended that non-leaking ballasts or capacitors are
            first packed with absorbent packing material and sealed in containers.

            Even though they do not contain regulated levels of PCBs (see Chapter
            2), cooperatives should always be aware that non-PCB electrical
            equipment may contain other materials that qualify as RCRA hazardous
            waste because of their flammability or toxicity. If your equipment contains
            such materials, they must be managed, transported and disposed as
            hazardous waste once discarded.
3.4.9 Mercury Lamps
 LQGs and
 SQGs must
 determine
 if used
 lamps are
 hazardous
 waste or
 assume
 they are.
 You must
 handle and
 store waste
 lamps as
 hazardous
 waste
 unless
 they are
 determined
 not to be
                                             USEFUL TIP

                                   CESQGs do not have to characterize
                                   their fluorescent or HID lamps prior to
                                   disposal. CESQGs may dispose of
                                   these wastes in municipal solid waste
                                   landfills.
Fluorescent light tubes and high
intensity discharge (HID) lamps
contain mercury. Mercury is a
RCRA characteristic hazardous
waste because of the toxicity of
mercury.  In addition, HID lamps
may contain small amounts of
lead, which also is a RCRA
characteristic waste for toxicity.
Since fluorescent light tubes and HID lamps are not listed hazardous
wastes, and they are not excluded from the definition of hazardous
wastes, it is the responsibility as a small (SQGs) or large quantity
generators (LQGs) to determine if their fluorescent and HID lamps are
characteristically hazardous waste, by having them tested for toxicity
(using the TCLP test). CESQGs are exempt from this requirement (see
box).  If you have no knowledge of the lamp contents and do not test used
fluorescent and HID lamps and prove them non-hazardous, you should
assume they are hazardous waste and dispose of them accordingly.
Prior to disposal, tubes and lamps
should be handled and stored as
hazardous waste unless the
determination is made that the
lamps are non-hazardous.  If they
are non-hazardous, they can be
disposed in any municipal solid
waste landfill. If the lamps are
hazardous they must be disposed
in a hazardous waste landfill, or
                                      POLLUTION PREVENTION TIP

                                   Low mercury fluorescent lamps are
                                   manufactured by several companies.
                                   Use of these lamps could substantially
                                   reduce the potential for your waste
                                   fluorescent or HID lamps to be
                                   determined to be hazardous waste.
                                                                           3-37

-------
 Empower Your Cooperative
             recycled. There are a number of facilities that will recycle fluorescent
             tubes and HID lamps. A list of these facilities can be found in Section 3.5.

 3.4.10   Leftover Paint

             Leftover paint to be discarded is a
             reusable resource and should not
             necessarily be considered a waste
             product.  There are a number of       Left.over paint can be gjven to
                                         USEFUL TIP - DONATING
                                            LEFTOVER PAINT
                                                 someone who has a need for the
                                                 product. Contact local recreation
                                                 departments, community service
                                                 organizations, churches, schools, or
                                                 theater groups. Many of these groups
                                                 are pleased to accept "free" paint.  Be
                                                 sure that the paint you donate is in its
                                                 original container with the label intact.
options for reusing leftover paint,
including donating the paint (see
box), or recycling it (see below).
Keep in mind that waste paint may
be considered a hazardous waste,
and managed accordingly. To
avoid having leftover paint, you
should always buy paint to be
used at your cooperative in the
appropriate quantity, store it properly, and use it up or donate or exchange
it before disposal or recycling is even considered.

Usable  latex (water-based) paint that you no longer need can either be
donated (see box) or recycled (see below).  Usable or unusable latex
paint also can be disposed. Latex paints are not hazardous substances
and waste latex paint usually  is not hazardous waste, but it is solid waste.
To dispose of leftover latex paint, simply remove the lid and allow the
paint to solidify completely in the can, then dispose of the paint and can in
a solid waste landfill.

Oil- or solvent-based paints (also known as alkyd paints) have the
potential to be hazardous waste when discarded. Review the MSDS for
the paint, or the list of ingredients.  If the paint can be considered to meet
a hazardous waste characteristic,  because of toxicity, flash point, etc. (this
may be  indicated on the MSDS) the waste paint should be managed and
disposed as hazardous waste. If you have oil-based paint that is still
usable,  you can avoid the burden of managing, preparing for transport
and  disposing of it by donating it to someone (see box) or  using it up
completely (add another coat  of paint to items you are painting). You can
provide  waste oil-based paint  for use in fuel blending for waste-to-energy
programs, but you will still have to store it as a hazardous waste, and
transport it to the facility for blending. Waste-to-energy programs  blend
leftover  solvent-based paint for use as fuel in cement kilns.
 twiners or    Paint thirmers, or solvents can be reused by following a few simple steps.
 solvents      Allow the used solvent to sit in a closed container until the paint
3-38

-------
                                                  Empower Your Cooperative
            particles/residue settle out.  Then pour off the clear liquid, which can be
            reused. The settled residue usually must be disposed as hazardous
            waste.

      Recycling Used Paint

            There are a number of options for
            recycling paint, mostly for latex                  USEFUL TIP -
            paints. Solvent-based paint              REUSING/RECYCLING PAINT
                                                The National Paint and Coatings
                                                Association (NPCA) can provide you
                                                with information on reusing or recycling
                                                paint. You can find them on the
                                                internet at www.paint.org.
recycling is less common because
of the complexity of the paint
materials and the high cost of
handling and recycling the paint
compared to other alternatives,
such as waste-to-energy programs.
However, some companies recycle
leftover solvent-based paints for resale as military gray for the naval ship
fleet.

Typically, recycling latex paint can include:

   •  Paint Blending for Reuse—This is a low-tech approach where
      leftover latex paint is blended with virgin materials to yield a new
      paint with a recycled content. Leftover paint makes up about
      10-20 percent of the finished product. The resulting latex paint is
      generally intended for exterior use for anti-graffiti purposes.

   •  Paint Reprocessing—This high-tech recycling typically requires
      careful quality control, and involves only latex paint.

Keep in mind,  that unless you know it is not hazardous, waste oil-based
paint destined  for recycling still must be stored as hazardous waste at
your cooperative, and transported as hazardous waste to the recycling
facility. The exception to this case is if the paint is to be reprocessed. In
this instance, the paint is still considered a product, not a waste, and
therefore  RCRA regulations do not apply to it.
3.4.11   Used Aerosol Cans
            Aerosol sprays contain an active ingredient and a liquid or gaseous
            propellant that is packed under at least 40 pounds per square inch of
            pressure. These pressurized aerosol containers are explosive and may
            be flammable. The actual product propelled from the container can have
            a hazardous characteristic such as corrosiveness, toxicity, ignitability, etc.
                                                                           3-39

-------
Empower Your Cooperative
 How to
 determine if
 your waste
 aerosol
 can is
 hazardous
 waste
 Disposal of
 non-
 hazardous
 waste
 aerosol
 cans
It is the responsibility of the generator to determine if a waste aerosol can
to be disposed is hazardous waste, and to recycle or dispose of it
properly. Proper management of aerosol cans depends on the condition
the can is in when it is to be disposed. Sometimes aerosol cans must be
discarded before they are completely empty.  A variety of reasons cause
this to occur, including the spray mechanism no longer working as
designed, or the propellant becomes spent before the  product is
completely used up.  The following are criteria for helping you to
determine whether your waste aerosol can  is hazardous waste:

   •  Any  aerosol can that is completely emptied (i.e., does not contain
      propellant or product and is at atmospheric pressure) is not
      regulated as hazardous waste, even if it contained hazardous
      substances. Atmospheric pressure can be achieved by discharging
      all propellant.

   •  Any  can that did not or does not contain any hazardous
      constituents that would be a listed or characteristic hazardous
      waste is not regulated as hazardous waste, regardless of whether it
      is emptied.
                                                          USEFUL TIP

                                                Some states consider waste aerosol
                                                cans to be universal waste.' Check
                                                with your state to determine if this is
                                                the case, and what the universal waste
                                                regulations are for your state.
      Any can that did contain or
      does contain hazardous
      constituents that would be
      a listed or characteristic
      hazardous waste is subject
      to RCRA regulations
      unless the can is
      considered emptied.  Some
      states allow you to
      puncture a partially emptied can and remove the constituents. If
      the constituents are hazardous, they must be managed as
      hazardous waste, but the can need not be. Check with your state
      to determine if they allow you to puncture your aerosol cans and
      dispose of the contents separately from the can. If you do
      puncture your aerosol can for this purpose, use extreme care.
      Some cans, especially those containing explosive products may
      explode when punctured.
Waste aerosol cans that are not
considered hazardous waste may
be recycled as scrap metal, or
landfilled. If a waste aerosol can
contains hazardous waste, unless
it can be considered universal
    WASTE MINIMIZATION TIP

Some types of aerosol cans can be
refilled.  For information on such cans,
contact the vendors listed in Section
3.5.
3-40

-------
                                                 Empower Your Cooperative
            waste by your state (see box) the can must be managed in full compliance
            with waste regulations, including storage, labeling and manifesting
            requirements discussed in Section 3.3, and Chapter 4).

3.4.12   Pole Yards/Pole Disposal

            Currently, used arsenically-treated wood utility poles are exempt from the
            definition of RCRA hazardous waste. The regulations are less specific
            about used wood utility poles treated with creosote or pentachlorophenol
            (PCP). Typically, the creosote or PCP concentrations in waste wood are
            not high enough for the used wood utility poles to fail the TCLP, and the
            used poles are not considered hazardous waste. However, some states
            may have regulations that have more stringent limits on the
            concentrations of wood preservatives acceptable in utility poles to be
            disposed.  You should check with your state to learn the acceptable
            concentration limits of wood preservatives in utility poles.

            According to RCRA, you can dispose of used poles that have been
            arsenically-treated as solid waste in a municipal landfill.  Utility poles that
            are disposed as hazardous waste must be managed and transported
            according to the regulations in Section 3.3 and Chapter 4. Many farmers
            and ranchers want used utility poles. This is an  acceptable form of
            recycling.

3.4.13   Management of Spill Cleanup Materials and  Contaminated
         Media

            If a listed hazardous waste is leaked, spilled or discharged to soil or water,
            the soil or water must be managed a hazardous waste as long as it
            "contains" the waste. EPA or your state sets the criteria for when soil or
            water no longer contains a listed waste. If a characteristic hazardous
            waste is leaked, spilled or discharged to soil or water, the soil or water
            must be managed a hazardous waste as long as it displays the hazardous
            characteristic. If the contaminated soil does not have the characteristic,
            and does not meet any other hazardous waste criteria, it would be
            considered soil and not waste. Close cooperation with your state agency
            is essential in these cases.

            In general, if the material leaked, spilled or discharged is hazardous
            waste, the materials used to cleanup the spill will be hazardous waste,
            and must be managed and disposed as such. You  can determine
            whether the material spilled is hazardous waste  from the MSDS.  If the
            MSDS for the material is not available, you must either use process
            knowledge of the material, or have the cleanup material tested for
                                                                         3-41

-------
 Empower Your Cooperative
            hazardous waste characteristics. If the material spilled is not hazardous,
            the cleanup material also will not be hazardous waste.

 3.5   RESOURCES

 3.5.1  References

            Colorado Department of Public Health and Environment. Management of
            Waste Aerosol Cans. Hazardous Materials & Waste Management
            Division, Compliance Bulletin Hazardous Waste.

            North Carolina Department of Environment, Health, and Natural
            Resources. Management of Aerosol Cans for Businesses and Industries.
            Waste Reduction Fact Sheet.  North Carolina Division of Pollution
            Prevention and Environmental Assistance.

            NRECA, 1987. Guide for Disposal of Hazardous Substances.

            U.S.  EPA. 1993. Fluorescent Lamp Disposal.  Office of Air and
            Radiation. EPA 430-F-93-002.

            U.S.  EPA. 1994. Lighting Waste Disposal. EPA's Green Lights Program.
            January, 1994.

            U.S.  EPA, 1996. Understanding the Hazardous Waste Rules - A
            Handbook for Small Businesses - 1996 Update. Office of Solid Waste.
            Available online at
            http://www.epa.gov/epaoswer/hazwaste/aqg/handbook/sqg_bk. txt

            U.S.  EPA. The Universal Waste Rule. A fact sheet on the Universal
            Waste Rule.  Available online at
            http://www.epa.gov/epaoswer/hazwaste/id/ univwast.htm

3.5.2 Internet Resources and Hotlines

            USEPA RCRA Hotline:  (800) 424-9346
            Staff  will answer questions on RCRA regulations in complete confidence.

            PRO-ACT: httD://www.afcee.brooks.af.mil/pro act/main
            This site provides a series of a pollution prevention fact sheets developed
            by the U.S. Air Force staff at Brooks AFB.

            U.S. EPA Home Page: http://www.eDa.aov
            This site provides access to information on all EPA programs and offices.
            The Office of Solid Waste (OSW) is the source for information on RCRA
            requirements.
3-42

-------
                                                 Empower Your Cooperative
            "Enviro$ense" Home Page: http://es.inel.gov
            This site is part of EPA's internet site. If you can not access it directly at
            the address above, you can access it from the EPA home page by clicking
            on "Other Resources" and then "Bulletin Board Systems." The
            "Enviro$ense" site was established in an attempt to provide a single
            repository for pollution prevention, compliance assurance, and
            enforcement information and data bases. Included are pollution
            prevention case studies, technologies, points of contact, environmental
            statutes, executive orders, regulations, and compliance and enforcement
            policies and guidelines.

3.5.3 Waste Determination Guide

            Table 3-3 lists typical waste characterization. Where not otherwise
            specified, nonhazardous solid waste may be disposed in a RCRA-
            approved landfill (typically a municipal or commercial landfill), or recycled.

                    Table 3-3. Waste Determination Guide
Waste Stream
Used Oil
Used Oil Filters
Used Transmission Fluid
Used Brake Fluid
Used Antifreeze
Spent Listed Solvents
Spent Citrus Solvents
Lead Acid Automotive
Batteries
Shop Rags Used for Oil
Shop Rags Used for
Listed Solvent or
Gasoline Spills
Oil Spill Absorbent
Material
Spill Material for Listed
Solvent and Gasoline
Spilled or Unusable
Paints and Thinners
Used Tires
Typical Category Prior to
Disposal if Not Mixed
with Other Hazardous Waste
Used Oil
Nonhazardous Solid Waste If
Completely Drained
Used Oil
Used Oil
Depends on Characterization
Hazardous Waste
Depends on characterization
Not a Solid Waste If Returned
to Supplier
Used Oil
Hazardous Waste
Used Oil
Hazardous Waste
Hazardous Waste
Nonhazardous Solid Waste
If Not Mixed and
Disposed in Landfill
Depends on characterization
Nonhazardous Solid Waste
If Completely Drained
Depends on characterization
Depends on characterization
Depends on Characterization
Hazardous Waste
Depends on characterization
Hazardous Waste
Depends on characterization
Hazardous Waste
Depends on Characterization
Hazardous Waste
Hazardous Waste
Nonhazardous Solid Waste
If Not Mixed and
Recycled
Used Oil
Used Oil - If Not Drained
Used Oil
Used Oil
Depends on
Characterization
Hazardous Waste
Depends on
characterization
Hazardous Waste/
Universal Waste
Used Oil
Hazardous Waste
Used Oil
Hazardous Waste
Hazardous Waste
Nonhazardous Solid Waste
                                                                         3-43

-------
Empower Your Cooperative
3.5.4 RCRA Hazardous Waste Landfills and Recycling Centers for
      Fluorescent Light Tubes
            The following are commercially permitted hazardous waste landfills
            operating as of October 1991:
                       Name
        Address
             Grayback Mountain
             Lamp Recycling Services
             Lighting Resources, Inc.
             Mercury Technologies
             Corporation
             Mercury Recovery System
             Nine West Technologies
             Quick Silver Products, Inc.
Lake Point, UT 84074

Pomona, CA
San Rafael, CA

Monrovia, CA
Newark, NJ 07102
Brisbane,  CA
  Telephone
CESOS International
CESOS International
Chemical Waste Management
Chemical Waste Management
Chem-Security Systems
Incorporated
CWM Chemical Services
Control, Inc.
Envirosafe Services Inc.
Of Idaho
U.S. Ecology, Inc.
U.S. Pollution Control, Inc.
P.O. Box 340 LPO
Niagara Falls, NY 14302
5092 Aber Road
Williamsburg, OH 45176
Box 55
Emelle, AL 35459
Box 471
Kettleman City, CA 93239
Star Route, Box 9
Arlington, OR 98712
Box 200
Knolls, UT 84074
P.O. Box 1621 7
Boise, ID 83715-6217
Box 578
Beatty, NV 89003
8960N Hwy 40
(716)282-2676
(513)720-6114
(205) 652-9721
(209) 386-971 1
(503) 454-2643
(716)754-8231
(800)274-1516
(702) 553-2203
(801)534-0054
(714)622-0881
(415)499-1000

(818)301-1372
(201)623-0007
(415)468-2000
            Companies listed in this section are not endorsed by the EPA or the
            Green Lights Program. EPA does not screen listed companies and
            cannot confirm the methods these may use in their recycling
            process.
3-44

-------
^=^^=^=^=^=s^=  Empower Your Cooperative

               CHAPTER 4 - TABLE OF CONTENTS

 4.   HOW DO I PREPARE MY HAZARDOUS WASTES AND
     MATERIALS FOR TRANSPORT?	4-1

     4.1  WHAT TRANSPORTATION REGULATIONS APPLY TO
         MY SHIPMENT?	4-2
     4.2  HOW DO I COMPLY WITH THE REQUIREMENTS FOR
         SHIPPING HAZARDOUS MATERIALS	4-2
         4.2.1   Manifests	4-3
         4.2.2   How Do I Determine the Proper Shipping
               Description?	4-4
               Proper Shipping Name	4-5
               Hazard Class	4-8
               Identification Number	4-9
               Packing Group	4-9
         4.2.3   How Do I Prepare My Hazardous Material
               Shipment?	4-9
               How Do I Complete My Manifest?  	4-10
               How Do I Package My Hazardous Materials for
                    Shipment	4-11
               How Do I Mark My Containers?	4-11
               Labeling	4-14
               Placards	4-15
         4.2.4   Emergency Response Information	4-15
    4.3  RESOURCES 	4-17
         4.3.1   Bibliography	4-17
         4.3.2   For Further Information  	4-17
               Internet Sites	4-17
               E-Mail	4-17,
               Hotlines	4-17
         4.3.3   Regulatory Resources	4-18
         4.3.4   Compliance Checklist	4-18

                       LIST OF FIGURES

 Figure 4-1.   Example Hazardous Materials Package Markings .... 4-12
 Figure 4-2.   Example of Hazardous Waste Label	4-13
 Figure 4-3.   Hazardous Materials Labels	4-14
 Figure 4-4.   Hazardous Materials Placards  .	4-16

                       LIST OF TABLES

 Table 4-1.   Partial example HMT Entry for Flammable Liquids,
            PCBs and Toluene  	4-6
                                                          4-i

-------

-------
4.  HOW DO I PREPARE MY HAZARDOUS WASTES AND
                MATERIALS FOR TRANSPORT?
                                          DEFINITIONS - HAZARDOUS MATERIAL

                                          The DOT definition of hazardous material
                                          is 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. The term includes hazardous
                                          substances as defined in CERCLA/EPCRA
                                          (see Chapter 6), hazardous wastes as
                                          defined in RCRA (see Chapter 4), marine
                                          pollutants, and elevated temperature
                                          materials. PCB waste (as defined in
                                          TSCA - see Chapter 2) falls within the
                                          definition of hazardous substances (and
                                          thus, hazardous materials) under DOT
                                          regulations.
If you generate hazardous
waste and/or other hazardous
materials (see box), when you
ship them off site for disposal,
treatment, or recycling, you will
have to follow specific
requirements to prepare these
materials for shipment. The
goal of this chapter is to
provide a basic understanding
of your responsibilities for
preparing your hazardous
materials for shipping.  It is
organized to answer the
following questions:

    •   What transportation
       regulations apply to
       my shipment(s) of
       hazardous materials?

    •   How do I comply with
       the transportation
       regulations?

This chapter is not a
description of all shipping and
transportation requirements
because the requirements will
depend on the material/waste
you ship or transport, and your
State may have additional or
more stringent requirements.
For specific requirements on
the material or waste, consult
either the U.S. Department of
Transportation (DOT) Hazardous Materials Information hotline (see box)
or other appropriate contacts. In most cases, states do not have
additional requirements pertaining to the preparation of hazardous
material for shipment, but they may have additional requirements
governing the transportation of those materials.
                                                     USEFUL TIP

                                         If you are authorized to transport
                                         hazardous waste, there are additional
                                         requirements you must comply with, that
                                         are not addressed in this document.
                                                     RESOURCES

                                          This chapter contains technical and
                                          regulatory language. If you have any
                                          questions, please call your statewide
                                          association, cooperative lawyer, state
                                          environmental agency (see resources
                                          section), DOT'S Hazardous Materials
                                          Information hotline at 1-800-467-4922, or
                                          EPA's RCRA hotline at 1-800-424-9346.
                                                                         4-1

-------
Empower Your Cooperative
4.1    WHAT TRANSPORTATION REGULATIONS APPLY TO MY
       SHIPMENT?
 DOT
 regulations
 that apply
 to shipping
 hazardous
 materials.
The major law dealing with
shipping and transportation of
hazardous materials is the
Hazardous Materials
Transportation Act (HMTA)
originally passed in 1974.  The
HMTA was amended in 1990.
These amendments are known
as the Hazardous Material
Transportation Uniform Safety
Act (HMTUSA).  Together, the
HMTA and the HMTUSA form
the Federal hazardous
materials transportation laws.
     TRAINING REQUIREMENTS

Each employee involved in handling
hazardous materials for transportation
must be trained in accordance with 49 CFR
172.700-704 to ensure proper loading,
unloading, handling, storing, and
transporting hazardous materials. Training
must include general awareness, safety
training, and be function specific. Initial
training must be conducted followed by
periodic updates. Contact DOT at 1-800-
467-4922 for free training materials.
 Other
 regulations
 for shipping
 hazardous
 materials.
The federal hazardous materials transportation laws are administered and
enforced by DOT with the support of state transportation agencies.
HMTA/HMTUSA contain requirements to identify, package, mark, label,
and placard a shipment of hazardous  materials. HMTA/HMTUSA also
contain requirements for manifests (a  type of shipping paper - see below),
emergency responses to  spills, and reporting transportation incidents.

The Resource Conservation and Recovery Act (RCRA), which deals with
hazardous waste (see Chapter 2), contains requirements (in addition to
HMTA/HMTUSA) specifically for shipping and transporting hazardous
waste. Finally, the Toxic Substances Control Act (TSCA) contains some
requirements for the transportation of polychlorinated biphenyls (PCBs).
4.2    HOW DO I COMPLY WITH THE REQUIREMENTS FOR
        SHIPPING HAZARDOUS MATERIALS

            The regulations contain requirements for manifesting, packaging, marking,
            labeling, and placarding shipments of hazardous materials.  The specifics
            of these requirements vary depending on the type and quantity of material
            in the shipment. Manifests are discussed in Section 4.2.1, and
            completion of the manifest is discussed in Section 4.2.3.

            The key to identifying all appropriate requirements for a shipment of
            hazardous material depends on the accurate determination  of the proper
            shipping description for that material. Determining the proper shipping
            description is essential because it is required for completing the manifest,
4-2

-------
           ^=^^=^^=^=^=^^=   Empower Your Cooperative

            and to determine the type of shipping container, and the marking and
            labeling requirements for that container.  These requirements are
            discussed in Section 4.4.  Establishing the shipping description for
            hazardous materials is discussed in Section 4.2.2. The process can be
            complex and lengthy, however, once the proper shipping description is
            determined, identifying the packaging, marking, and labeling requirements
            becomes fairly easy.
4.2.1  Manifests
 What is a
 manifest?
 How to
 obtain blank
 copies of
 manifests.
One requirement for most shipments of hazardous materials is the
completion of a manifest (also known as shipping papers). The
regulations indicate when a manifest is not required for shipping your
hazardous materials.

A manifest is a multicopy form that serves as the official document used
to identify and track the shipment being transported.  Each copy goes to a
different entity (the shipper, the transporter, and the treatment/disposal
facility) involved in a shipment of hazardous material  (see below).

It is the responsibility of the shipper to properly prepare the manifest. You
are required to properly describe each type of hazardous material you
intend to ship and the quantity, and include this information on your
manifest.  Sections 4.2.2 and 4.2.3 provide you with the information you
need to describe your hazardous materials, and to complete the manifest.
RCRA requires that a specific type of manifest, called a Uniform
Hazardous Waste Manifest (EPA form 8700-22), be used for shipments of
hazardous waste.

You can obtain blank copies of manifests from several sources. To
determine the best source to obtain the form, use this system:

    •   If the state to which you are shipping your material to has its own
       manifest, you must use that manifest form (your transporter
       should 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 material does not have
       its own manifest, use the manifest of the state in which your
       material was generated. Contact your transporter or your state
       hazardous waste agency for blank forms.
                                                                           4-3

-------
Empower Your Cooperative
                •   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 transporters and treatment/
                   disposal facilities, or they may be purchased from some
                   commercial printers.

            Manifests require a signature to certify that the shipper has personally
            confirmed that:

                •   The manifest is complete and accurately describes the shipment
                   (i.e., shipping description is correct)

                •   The shipment is ready for transport (i.e., appropriately packaged,
                   marked, and labeled)

                •   You have reduced the amount and hazardous nature of your
                   material to the greatest extent possible (within your budget
                   constraints).

            When the shipment is received by the transporter, the transporter must
            provide you with a signed copy of the manifest.  Keep this copy as proof
            that the hazardous material was shipped from your facility, and as a
            record of the facility that was to receive your material. When the
            shipment reaches its final destination, the treatment/disposal facility must
            sign the manifest, provide a signed copy to the transporter, and send a
            signed copy to your cooperative to confirm receipt. It is important that the
            treatment/disposal facility provide you with your signed copy as proof that
            the shipment made it to the final destination.  If you do not receive a
            signed copy of the manifest from the destination facility within a specified
            period of time (35 days for a large quantity hazardous waste generator; 60
            days for a small quantity hazardous waste generator), you may need to
            file an exception report with EPA and state environmental agencies. (This
            is a situation you may never encounter.  If you do, please contact EPA
            and your state environmental agency for further information.) The signed
            copy of the manifest must be kept on file for 3 years.

4.2.2   How Do I Determine the Proper Shipping Description?

            Determining the proper shipping description of a hazardous material for
            shipping and transportation involves identifying several attributes of the
            hazardous material. These attributes depend on the physical/chemical
            characteristics of the material.  Once you determined the shipping
            description for a specific material, it will always be the same unless the
            material or regulation changes.
Be sure you
receive your
signed copy
of the
manifest
from the
facility
taking your
material.
4-4

-------
Proper
shipping
description
elements.
                                      Empower Your Cooperative

The necessary information for determining the shipping description should
be readily available from the product's Material Safety Data Sheet
(MSDS)(or from a waste profile sheet if required by the hazardous waste
management facility). The proper shipping description consists of the
following elements:

    •    Proper shipping name
    •    Hazard class
    •    UN/NA identification number
    •    Packing group,  if required.

The following sections describe how each of these elements can be
determined.
     Proper Shipping Name
The
Hazardous
Materials
Table
How to read
HMT.
Use
hierarchy to
determine
shipping
name for
mixture of
materials.
There is a unique feature of the hazardous materials transportation
regulations known as the Hazardous Materials Table (HMT). The
Hazardous Materials Table (HMT) lists those materials and classes of
materials designated as hazardous under HMTA/HMTUSA.  It can be
found in 49 CFR 172.101. The HMT provides all the elements of a proper
shipping description listed above for many materials. Table 4-1 depicts
sample entries of the HMT for flammable liquids, PCBs and toluene.

Column 2 of the HMT lists the authorized, proper shipping name in
alphabetical order.  In selecting a proper shipping name to describe a
material, the name in the column that most accurately identifies the
material is the name to be used.

For example, if the material to be shipped is composed only of toluene,
the proper shipping name would be "Toluene." However, if the material is
a mixture of toluene and benzene, there is no listing in column 2 of the
HMT for toluene/benzene mixture. Therefore, the selection of the proper
shipping name must follow the hierarchical approach outlined below,
which decreases in specificity (1 is the most specific, 5 is the least
specific).  Remember, the most specific, accurate name must be used.
                                                                         4-5

-------
f"
6)
                                      Table  4-1.  Partial example HMT Entry for Flammable Liquids, PCBs and Toluene
I
 o
 I
 3

(1)
Symbol




AW





(2)
Hazardous
materials
descriptions
and proper
shipping
names
Flammable
liquids, n.o.s.


Polychlorinate
d biphenyl
(PCB)
Tduene


(3)
Hazard
Class or
Division
3



9


3


(4)
Identifi-
cation
Numbers
UN1993



UN2315


UN1294



(5)
Packing
Group
I
II
III

II


II



(6)
Labels
Required
3
(Flamm-
able liquid)

9
(Miscell-
aneous)
3
(Flamm-
able liquid)

(7)
Special
Provi-sions
T42
T8J31
B1.B52,
T7.T30
9,81


T1


(8)
Packaging (§173m)
Except-
ions
(8A)
150



155


150
i

Nonbulk
packaging
(8B)
201
202
203

202


202


Bulk
packaging
(8C)
243
242
242

241


242


(9)
Quantity Limitations
Passenger
aircraft /rail
(9A)
1L
5L
60L

100L


5L


Cargo aircraft
only
(9B)
SOL
60L
220L

220L


60L


(10)
Vessel Stowage
Location
(10A)
E
B
A

A


B


Other
(10B)




34





                                                                                                                                                              •8
                                                                                                                                                               $
                                                                                                                                                               nj
                                                                                                                                                               H.
                                                                                                                                                               I
            Explanation of Columns

            Column 1 = Notes whether special regulations apply to the material, including:
                        + = the designated proper shipping name and hazard class listed in the HMT must be used.
                        A or W = subject to regulation only when transported by air (A) or water (W).
                        D = the proper shipping name as shown is acceptable only for domestic shipments.
                        I = the proper shipping name as shown is acceptable only for international shipments.
            Column 2 = Lists the proper shipping name of the hazardous material.
            Column 3 = Depicts the numerical hazard class or division number of the entry that must be included on the proper shipping name.
            Column 4 = Depicts the hazard identification number of the entry that must be shown on the shipping page exterior of the packages.
            Column 5 = Depicts the packing group assigned to the entry. Note that for Flammable Liquids n.o.s., three different packing groups are listed, and associated
                      requirements for each packing group are provided in subsequent columns
            Column 6 = Depicts label(s) required for packaging.
            Column 7 = Lists any special conditions applicable to the entry
            Column 8 = Specifies applicable sections for exceptions (8A), nonbulk packaging requirements (8B), and bulk packaging requirements (8C).
            Column 9 = Specifies maximum quantities that may be offered for transportation by passenger-carrying aircraft or rail car (9A) or by cargo aircraft only.
            Column 10 = Vessel stowage requirements

-------
                                                  Empower Your Cooperative
How to
follow
hierarchical
approach to
choosing
proper
shipping
name.
            1.  Listing by the material's specific chemical name (e.g., toluene).

            2.  Listing by the chemical family name (n.o.s.)1 (e.g., alcohol, n.o.s.).

            3.  Generic listing by the material's end-use description (e.g.,
               compounds, cleaning liquid).

            4.  Generic listing by the n.o.s. end-use description (e.g., insecticide,
               liquid, n.o.s.).

            5.  Generic listing by n.o.s. hazard class description (e.g., flammable
               liquid, n.o.s.).  Hazard class determination is discussed below.
           USEFUL NOTE

Only those names listed in Roman type
(non italics) are authorized shipping
names, where as the italicized names are
to be used primarily as finding aids and
cannot be used as the shipping name.
 HMTA/HMTUSA requires that
 there be only one proper
 shipping name per entry.
 Because toluene and benzene
 are each a proper shipping
 name, they may not be used
 together. In reviewing the
 above hierarchy, the only         	__	
 appropriate description for the
 toluene/benzene mixture is number 5, generic listing by n.o.s. hazard
 class description.  According to the HMT, both toluene and benzene have
 a designated hazard class of flammable liquid, which makes that the
 correct choice for this example of a mixture of toluene and benzene.
 Furthermore, HMTA/HMTUSA requires that for mixtures of hazardous
 materials that have a generic n.o.s. designation, the technical names of at
 least two components that contribute most to the hazards of the mixture
 be listed. In this example, both toluene and benzene, which are the
technical names for these materials, are listed in parentheses. For
 hazardous waste, the waste code (e.g., D001, see Section 3.1.3) may be
 used to identify the substance.  Therefore, the proper shipping name is:
                     Flammable liquid, n.o.s. (Toluene and Benzene) I
       1 n.o.s. means "not otherwise specified."
                                                                       =  4-7

-------
Empower Your Cooperative

      Hazard Class
 There are
 nine hazard
 classes.
 Determining
 hazard
 class for
 mixtures.
Under HMTA/HMTUSA, materials are defined as hazardous because of
their potential danger to public health during transportation.  The hazards
are categorized into nine classes listed below:

    •   Class 1    Explosives
    •   Class 2    Gases
    •   Class 3    Flammable and Combustible Liquids
    •   Class 4    Flammable Solids and Spontaneously Combustible
                  Materials
    •   Class 5    Oxidizers and Organic Peroxides
    •   Class 6    Poisonous and Infectious Materials
    •   Class 7    Radioactive Materials
    •   Class 8    Corrosives
    •   Class 9    Miscellaneous

For most materials, the hazard class is listed in Column 3 of the HMT.
For toluene, the HMT specifies that the hazard class is Class 3 -
Flammable Liquid. For PCB, the hazard class is Class 9 - Miscellaneous.
The above list is useful if the material you want to ship is not specifically
listed in the HMT. The MSDSs should provide you with enough
information to determine the class of the material if it is not listed on the
HMT. It should be noted that these hazard classes are not listed in order
of the relative hazard they pose.

The situation becomes more difficult if the material to be shipped is a
mixture of two or more hazardous materials. Previously, a mixture of two
hazardous materials, toluene and benzene (which happen to have the
same hazard class), was discussed. But what if the hazard classes are
different? For example, what is the hazard class of a mixture of toluene
and liquid methyl parathion (a  pesticide, which has a designated hazard
class of Class 6 - Poisonous and Infectious Materials)?  DOT has
established a protocol for shipments containing more than one hazard.
This protocol is based on a hazard hierarchy (discussed in 49 CFR
173.2a) because some hazard classes present a more significant hazard
during transportation.  Concerning our example above, because the
hierarchy in 49 CFR 173.2a deems a poison to be more hazardous than
flammable liquids, the hazard class would be Class 6 - Poisonous and
Infectious Materials (Division 6.1), as well as the proper shipping name.
And, as discussed previously,  the technical names of each of these
materials—methyl parathion and toluene—would appear in parentheses
after the proper shipping name.
4-8

-------
                                                Empower Your Cooperative

      Identification Number

 column 4 of   Each nazardous material to be shipped must have an identification
 HMT        number. This number must appear on the manifest and packaging.
 provides     Identification numbers can be found in Column 4 of the HMT (see Table
 number      4~1)' and can be determined based on the proper shipping name. For
            PCB and toluene, the HMT specifies that the identification numbers are
            UN2315 and UN 1294, respectively.  For the toluene/benzene mixture, the
            proper shipping name of this material is Flammable Liquid n.o.s., and the
            identification number is UN1993 (since that is the identification number
            listed in the HMT for "flammable liquids").

      Packing Group

            To determine the appropriate packing group, Column 5 of the HMT is
            consulted.  In Column 5, the appropriate packing group (I, II, or III) is
            specified for each entry. The packing group corresponds to the degree of
            danger posed by the material for shipping purposes. Packing Group I
            presents the greatest danger, Packing Group II presents a medium
            danger, and Packing Group III presents the least danger. For both PCB
            and toluene, the HMT specifies that the Packing Group is II. For mixtures
            of hazardous materials, the packing group for the more dangerous
            material in the mixture is the one to select.  In the example of toluene and
            methyl parathion mixture, the packing group would be II because both
            have that packing group on the HMT.

4.2.3  How Do I Prepare My  Hazardous Material Shipment?

            After determining the  proper shipping description and obtaining the
            manifest, there are specific requirements that must be addressed before a
            shipment may be offered for transportation.  These are:

               •  Completing the manifest—You must provide the proper shipping
                  description for the hazardous material in the shipment, as well as
                  information on your cooperative (i.e., the shipper), the transporter,
                  and the designated facility to receive the shipment;

               •  Packaging—The proper package (e.g., drum) for the contents
                  must be selected and obtained;

               •  Marking—The package must be marked properly;

               •  Labeling—The  package must be labeled properly; and
                                                                        4-9

-------
Empower Your Cooperative
                •   Placarding—Tine proper placard must be obtained and presented
                    to the transporter.

      How Do I Complete My Manifest?

            As discussed in Section 4.2.2, the proper shipping description of the
            hazardous material must  use the following sequence:
                Proper Shipping Name-Hazard Class-Identification Number-
                                      Packing Group
                                                             J
            For our example:
                                   Toluene, 3, UN1294, II
                                        j
            The proper shipping description must appear on the manifest.  In addition,
            the following information also must be completed on the manifest for
            hazardous material:
 Additional
 information
 required on
 manifest.
•   Shipper's EPA
    identification number
    (unless the shipper is
    a conditionally exempt
    small quantity
    generator (see
    Chapter 3 for more
    information on
    generators);

•   Shipper's name and
    mailing address;

•   Unique manifest
    document number;
            USEFUL TIP

Transporters, recyclers, and waste
treatment/disposal facilities may require
additional information. Check with them
before you prepare your hazardous
material shipment. States may also have
additional requirements that must be
followed. Your hazardous waste hauler or
disposal firm often is your best source for
packing and shipping information, or call
DOT's Hazardous Materials Information
Hotline at 1-800-467-4922. If you are
shipping waste, you can also call the
RCRA hotline).
                    Transporter's company name and EPA identification number;

                    Designated receiving facility's name, address, and EPA
                    identification number;
4-10

-------
                                                  Empower Your Cooperative

                •   Weight of each material type and number and type of containers;

                •   Special handling instructions;

                •   Certification by the generator for waste minimization unless the
                    generator is a conditionally exempt small quantity generator;

                •   Signatures by the appropriate parties; and

                •   Emergency response information (see Section 4.2.4).

             If you have more than 4 separate packages of different hazardous
             materials, you must attach continuation sheets onto your manifest.

      How Do I Package My Hazardous Materials for Shipment
            As with most other
            transportation requirements,
            the selection of the proper
            packaging depends on the
            selection of the proper shipping
            name. For PCB and toluene,
            the HMT specifies that the
            packing group is II. (This was
            found in Column 5 of the
            HMT.)
                                                  USEFUL TIP

                                      Contact the hazardous material
                                      management facility where you are
                                      shipping your material to determine what
                                      type of containers they require. Some
                                      facilities use specific containers depending
                                      on how they treat or dispose of the
                                      material.
 Selecting a
 container..

Note: PCB
transformers,
bushings, and
capacitors are
their own
containers.
      This means that when a container is purchased to store or transport PCB
      or toluene, the DOT-required manufacturer's mark must specify that it is
      appropriate for Packing Group II, which is designated as a "Y" (this will
      appear on the top or bottom of the package).  In addition to the Packing
      Group, you will also need to select a container appropriate for the quantity
      and physical nature of the material and where it is being shipped. For
      example, if the material is a waste, the permitted hazardous material
      management facility may require specific packaging because of the
      management method. Containers are available from many vendors,
      transporters, or management facilities.

How Do I Mark My Containers?

      It is the responsibility of the shipper to properly mark each package of
      hazardous materials for transportation. Marking means placing on the
      outside of a shipping container one or more of the following: the shipping
      description, instructions, cautions, and/or weight.  Shipping description is
                                                                          4-11

-------
Empower Your Cooperative
            discussed in Section 4.2.2. Each container of 110 gallons or less of
            hazardous materials must be marked with package markings that contain
            instructions or cautions applicable to the material the package contains.
            Examples of possible instructions or cautions for packages of hazardous
            materials to be shipped are shown on Figure 4-1.
HAZARDOUS MATERIALS PACKAGE MARKINGS


IWNM MCXAOCS
COtVLYWrH
SPCCVlCATtONS
{173,2!
tt
ii«M<)
/£\
§172,322
n'/\

|IW312(a) §172,325

MMKK •
--jqp-
IK^WMII'I ii»i »»ll, »«.«»»«!
F-^^^sT
St73.9


INHALATION
HAZARD
§172.313{a)



CONSUMES COMMQCfTY
ORM-D
1*78.318(8)
CON3UMCK COMUOfinV
ORM-D-AIR

Sittaiswm


 How to
 determine
 if your
 material is a
 hazardous
 substance.
Figure 4-1. Example Hazardous Materials Package Markings

  Special Marking Requirements for Hazardous Substances

  Hazardous materials that meet the definition of hazardous substances
  require special notation within the shipping description on the manifest
  and on the container. For a material to be designated as a hazardous
  substance under HMTA/HMTUSA, the following criteria must be met:

      •   It is listed as a hazardous substance in Appendix A to 49 CFR
         172.101, and

      •   The quantity, in one package, equals or exceeds the designated
         reportable quantity (RQ) listed in Appendix A to 49 CFR 172.101
         for each different substance in that package.

  For example, toluene is listed as a hazardous substance in Appendix A to
  49 CFR 172.101, and the designated RQ is 10,000 pounds.  Therefore,
  10,000 Ibs of toluene would have to be in a single container for that
  particular container of toluene to be designated a hazardous substance,
  which is very unlikely for cooperatives. However, other materials have a
  much lower RQ. Benzene, for example, has an RQ of 10 pounds, and
  PCBs have an RQ of only one pound. Thus, if any container of benzene/
  toluene mixture contained more than 10 pounds of benzene, or if one
  pound or more of PCBs is in any  package, these particular packages
  would be classified as hazardous substances.

  Materials that are hazardous substances must have the letters "RQ"
  placed in the front of the shipping description on the manifest and on the
4-12

-------
                                           Empower Your Cooperative

          container.  For example, if one or more pounds of PCBs are in a package,
          the proper shipping description is:
                    RQ polychlorinated biphenyls, 9, UN2315, II
You must
use a
hazardous
waste label
when
shipping
hazardous
waste.
Special Marking Requirements for Hazardous Waste

If the material to be shipped is a hazardous waste, the word "Waste" must
be placed in front of the proper shipping name marked on containers and
the manifest. If a shipper uses a hazardous waste label as shown in
Figure 4-2, the shipping description on the container does not have to
include the word "waste."
                        HAZARDOUS
                              WASTE
                     Federal law prohibits improper disposal. If found,
                       contact police or public safety authority or the
                         U.S. Environmental Protection Agency.

                     Generator's Name and Address:
                     Manifest Document Number:
                  Figure 4-2.  Example of Hazardous Waste Label
         Shipping descriptions for waste PCB and toluene, would be:
                          Waste Toluene, 3, UN1294, lT|
                          WastePCB,9, UN2315, II
                                                               4-13

-------
Empower Your Cooperative

      Labeling
 You may be
 required to
 use multiple
 labels.
The labeling of packages of hazardous materials is the responsibility of
the shipper. Packaging labels, color-coded and diamond-shaped, provide
symbolic representations of the hazards associated with the contents.
The required labels, which are shown in Figure 4-3, are listed in Column 6
of the HMT. The label should be affixed to the package near the marking
(the proper shipping description). Because it is not unusual for hazardous
materials and waste to be a mixture of numerous hazardous components,
these components may have different hazard classes. Thus, for each
component of a mixture, if the HMT requires a label for the hazard class
of that component, the label for that hazard class must be placed on the
container. Column 6 of the HMT also prescribes cases where multiple
labels are required for an individual listing.  Multiple labels must be
located next to each other.
      CLASS 1
                 CLASS 1
                            CLASS 1
                                       CLASS 1
                                                 CLASS2
                                                            CLASS2
                                                                       CLASS 2
      CLASS 2
                 CLASS 3
                            CLASS 4
                                       CLASS 4
                                                 CLASS4
                                                            CLASS 5
                                                                       ClASSS
                                                  C&igetouswtanvrcl
      CLASS 6
                 CLASS 6
                            CLASSS
                                                            CLASS 7
                                                                       OASS7
      CLASSS
                 CLASS 9
                        Figure 4-3. Hazardous Materials Labels
 4-14

-------
You must
provide  '
placards,
for your
transporter,
unless the
transporter
already has
them.
     PCB TRANSPORTATION TIP

For transport vehicles carrying one or more
PCB transformers or 99.4 Ibs of PCB liquid
with a concentration of 50 p.m. or greater,
the transport vehicle must have a special
PCB label as shown in Figure 2-1 (see
Chapter 2).
                                                  Empower Your Cooperative

             Placards

             Placards are large, diamond-
             shaped color-coded signs that
             are placed on the outside of
             transport vehicles indicating
             the hazards of the cargo. All
             motor vehicles, rail cars, and
             freight containers carrying
             hazardous material in any
             hazard class identified in
             Figure 4-4, or any hazardous
             waste weighing more than 1,000 pounds in hazard classes identified in
             Figure 4-4, must display the specified placard shown for that class or
             weight. Placards are a joint responsibility between the shipper and
             transporter.  Shippers must provide the placards and the transporter is
             responsible for affixing the placards to the vehicle. (Many transporters
             already have the appropriate placards; it is recommended that shippers
             check transporters' needs ahead of time.)

4.2.4  Emergency Response Information

             Each  shipment of hazardous material must have seven specific pieces of
            emergency response communication information. The information is
             usually carried by the transporter in the form of a DOT Guidebook called
            the North American Emergency Response Guidebook (Carrie  1996). A
            MSDS may also be used, provided that the following seven specific
            pieces of emergency response information are included:

                   Proper shipping description (described in Section 4.2.2)
                   Immediate hazards to  health
                   Fire and explosion risks
                   Immediate precautions to be taken
                   Immediate methods to be taken for handling fires
                   Initial methods for handling spills or leaks
                   Preliminary first-aid measures.

            This information is also required to be placed at loading docks and where
            materials are stored incidental  to transportation. Although it is the
            responsibility of the shipper to prepare the emergency response
            information, it is the responsibility of the transporter to ensure that this
            information accompanies the shipment. Shippers are also required to
            provide an emergency response telephone number on the manifest.
            This information must be displayed  as EMERGENCY CONTACT:
                                                                         4-15

-------
Empower Your Cooperative
      CUSS1
      EXPLOSIVES
      ton DMftn Natter 1.1. li or 13
      and corcpasaty group las*; «»n
      nquftd.
      CLASS 2
      OAMMABHQAS
      'jc«d 45119 (t.001 IK) a mat.
       CLASS 3
      COMBUSTOIE
        ttd • imbudtfi Sgud »<»n
        paUdhtUk. Sw §1715040X2) fcr
      UM^(FUMMABl£ pteatd Xl fta» of
      COMSU51IBIEJ>I»C»1,
       CLASS 5
      OXOOER
      Ft**! 4M >a (W t») Of mot*
       CLASS 8
       CORROSIVE
       Pljanl 4M kg [1,001 bs) amors.
                           CLASS 1
       .
   axnpa($£ty prou) tottef. vrtsen
  M. &nJ4&k9 (1,001 «K)
                           CLASS 2
NOTJ-
UMMBLEGAS
Ixsrd 454 (5 (1,001 Its) cr more
p/oesufflisfo.
                            CLASS 3
MBytats«i In pis* of COMBUSTIBLE a>
pbcsni dsptayod no a cargo tank or portabla
u* being ue«l tovan^ort by Ntfway
<£ not ctasnd as a flammable
ORGMJC PEROXIDE
Placard 45**a(1,OOI fes)ormor».
                            CLASS 9
 MISCELLANEOUS
 Nol roojicd fa doma*: Usracortalion,
 Flacard 454 to {1,081 &$} or mcra gross
 weight o( a misrttl fttokh precerfs a
 hazard durina transport, but is not indtuted
 In an/ oJhsr hazard dass-
                                                CLASS1
                                                CLASS 2
POI50SGAS
Plscad any qaentSy of Oivlcicn 2.3
TOisial.
                                                 CLASS 4
                     RAMMASIEBOLID
                     Placard 45»k8i1,Wf Italo
                                                 CLASS 6
                                                                     CLASS 1
FUV.WABLE
Plsard 45? lig {W1 bsj K more.
                     SPOMTMEOUSLY OOM8USTIBl£
                     nxai 454 Kg {1/IS1 Iks)« mere
                                                                          .
                                                                      l«ra a PS! ct II, o8W dan
                                                                   DANGEROUS
                                                                   ?ias»i4S4 ly 0 .001 Its} 8»s
                                                                   or n»T8 rawest cf h«?a^5as nssfensls
                                                                   Hasd^MoS. A«jht«Ml*« u*lood
                                                                   Eiavsa, mote vehsto, cr MH cw **Kfc ««5San
                                                                      s £8 isaasftfcus materiaia *at ssifita
                                                                   plKwSi spioSsd in Tiife Z may(a pteastei
                      j or moa rf o
                      d atow fastitys !(» ffewara spwifad
                   In Tacte 2 muslbo
                                                                                          CLASS 1
                                          QXYG3I
                                          Hae«l«Wlai1,<»i iDsicrmsee,
                                          grccu vrebhl of eilfeor compressed
                                                                                          CLASS 3
6ASOIINE
  teucadlnftsictosaof
. _ WMBtE en a ffKsrt displayed
on s csroo tank or a pertaH&tank bojtii
  1 to (isnsporl gasoSra by hijhvay.
                                                                                          CLASS 4
                                                                                           CLASS?
                                          RAOIQACIIVE
                                          PIsaD any oumlliy ofjactaK
                                          boring ftffl MOACIWg llf!abe!.
                                          Certain lov/ specilic adivKy radiaac^w
                                          materials In 'exsfu&Ns use* «i not
                                          bear *« laM, but WJ510AG1WE
                              Figure 4-4.  Hazardous  Materials Placards

                  (xxx) xxx-xxxx. The telephone  number may be the number of any person
                  or organization capable of, and accepting responsibility for, providing
                  emergency response and  accident information during time of
                  transportation. It can be an employee, designee of the shipper, or a
                  private company offering this service for shippers.  One such organization,
                  Chemtrec (operated by the Chemical Manufacturers Association), offers
                  this 24-hour service for a fee.  For further information contact 1-800-262-
                  8200.
 4-16

-------
                                                Empower Your Cooperative

4.3   RESOURCES

4.3.1  Bibliography

            Carrie, J.V.  1996. North American Driver's Guide to Hazardous
            Materials. Prepared for American Trucking Association.

            U.S. Department of Transportation. Hazardous Materials Transportation
            Training Modules: Compliance and Enforcement.  (CD-ROM) U.S.
            Department of Transportation, Research and Special Programs
            Administration. OHMIT-DHM-50

            U.S. Department of Transportation. February 1994.  DOT Chart 10,
            Hazardous Materials Marking, Labeling and Placarding Guide. U.S.
            Department of Transportation, Research and Special Programs
            Administration. OHMIT/DHM-51

            American Trucking Association. Hazardous  Waste Regulations, A
            Handbook for the Trucking Industry. (This is a very useful reference for
            shippers of hazardous materials, as well.)

            American Trucking Association. Driver's Guide to Hazardous Materials.

4.3.2  For Further Information

      Internet Sites

            http://hom.volte.dot.gov/hom - Home page for Office of Hazardous
            Materials Safety.

            http://www.trucking.org - American Trucking Association Home page.

      E-Mail

           Training@rspa.dot.gov - To obtain a copy of the Department of
           Transportation Training Modules.

      Hotlines

           DOT Hazardous Materials Info Line     1-800-467-4922
           EPA RCRA Hotline                   1-800-424-9346
                                                                      4-17

-------
Empower Your Cooperative
4.3.3  Regulatory Resources
             Please see Chapter 1 for a list of U.S. EPA Regional Offices and State
             Hazardous Waste Agencies.
4.3.4  Compliance Checklist
             The following is a brief, concise compliance checklist that will help you
             comply with the transportation regulations.

             Proper Shipping Description

             Are the physical and chemical characteristics of the material accurately
             identified?                                                    YesD  NoD
             Has the proper shipping name been selected?                       Yes D  No D
             Has the hazard class or division been identified?                      Yes D  No D
             Has the UN or NA identification number been identified?               Yes D  No D
             Has the packing group been determined?                           Yes D  No D
             Does the material meet the definition of a hazardous substance?        Yes D  No D
             If so, have the special provisions been met?                         Yes D  No D
             Is the material defined as polychlorinated biphenyls?                  Yes D  No D
             If so, have the special provisions been met?                         Yes D  No D

             Packaging

             Has the proper packaging been obtained?                           Yes D  No D

             Marking

             Is the package adequately marked with proper shipping name?         Yes D  No D
             Is the package adequately marked with proper address?               Yes D  No D
             Is the package adequately marked with proper identification number?    Yes D  No D
             Is the material in the package a hazardous substance?                Yes D  No D
             If yes, is the package adequately marked with proper RQ?             Yes D  No D
             Is the package adequately marked with proper orientation arrows?       Yes D  No D
             Is the package adequately marked with proper hazardous material
             designation?                                                  YesD  NoD

             Labeling

              Has the proper label(s) been identified and affixed?                  Yes D  No D
 4-18

-------
                                            Empower Your Cooperative
 Manifest
 If the shipment is hazardous waste, has a uniform hazardous waste
 manifest been obtained?
 Are there enough copies for all entities involved in the shipment?
 Is a continuation sheet necessary (i.e., more than four materials beinq
 shipped)?
 Has a unique manifest document number been listed?
 Has each material's proper shipping description (name, hazard class,
 identification number, packing group) been noted on the manifest?
 If the shipment is waste, has the word "Waste" been included as part of
 the proper shipping description?
 Does the material meet the definition of a hazardous substance?
 If so, has the designation "RQ" been added?
 Has the total quantity and container type been listed for each material?
 Are any additional descriptions required for the particular material?
 Has the EPA ID for the shipper, each transporter, and the designated
 facility been listed?
 Have the names and addresses of the shipper and designated facility
 been listed?
 Has the emergency response information been  included?
 Has the manifest been signed and dated by hand?
 Has a copy of the manifest been maintained for recordkeeping?

 Placarding

 Have the proper placards been obtained and made available for the
 transporter?

 Shipment Preparation

 Has the shipment been properly identified, packaged, marked, and
 labeled?
 Has the shipment been packaged such that it is  not leaking?
 Have the proper placards been affixed to the vehicle?
 Do the number of containers match the number listed on the manifest?
Are potentially incompatible materials separated from each other?
 Is the shipment properly secured, blocked, and braced?
 Is the emergency response information readily available?

Spills/Incidents

If a spill of a material above  its quantity has occurred, has the National
Response Center been notified (see Chapter 7)?
Has a DOT incident report been filed?
 YesD  NoD
 YesD  NoO

 YesD  NoD
 YesD  Mod

 YesD  NoD

 YesD  Non
 Yes D  No D
 YesD  NoD
 YesD  NoD
 YesD  NoD

 YesD  NoD
 YesD
 YesD
 YesD
 YesD
NoD
NoD
NoD
NoD
YesO NoD
Yes D No D
YesD NoD
YesD NoD
YesD NoD
YesD NoD
YesD NoD
YesD NoD
Yes D  No D
Yesn  NoD
                                                                       4-19

-------

-------
=^=^=^^=!^^===   Empower Your Cooperative

                CHAPTER 5 - TABLE OF CONTENTS
              ',

 5. STORAGE TANKS	5-1

    5.1   UNDERGROUND STORAGE TANKS	5-1
         5.1.1  Why Are USTs Regulated?	5-1
         5.1.2 What Are the Federal UST Regulations? 	5-2
         5.1.3 How Do I Comply with the Federal UST Regulations?  5-4
               Requirements Applicable to All UST Systems 	5-4
               Notification	5-5
               Recordkeeping	5-5
               Leak Detection Methods	5-6
               Short-term Alterative Leak Detection Methods	5-7
               Additional Leak Detection for Piping	5-8
               Corrosion Protection	5-9
               Corrosion Protection for Existing USTs	5-10
               Corrosion Protection for New USTs  	5-11
               Spill and Overfill Protection	5-12
               What are Catchment Basins?	5-13
               What are Overfill Protection Devices?  	5-13
         5.1.4  Closure Requirements for New and Existing UST
               Systems	5-17
               Closing Temporarily 	5-17
               Closing Permanently	5-18
         5.1.5 Corrective Action/Site Remediation	5-18
               Responding to Confirmed Leaks	5-19
               Short-term Actions  	5-19
               Long-term Actions	5-20
               Can Leaking Tanks Be Repaired?	5-20
               Can Leaking Piping Be Repaired?	5-21
         5.1.6  State Regulations	5-21
    5.2   ABOVEGROUND STORAGE TANKS	   5-21
    5.3   RESOURCES 	5-23
         5.3.1  References	5-23
               Publications About USTs  .	5-23
         5.3.2  For Further Information	5-25
               Industry Codes and Standards	5-25

                         LIST OF TABLES

 Table 5-1.  Common Causes of Release from USTs	5-2
 Table 5-2.  Performance Standards for Existing UST Systems	5-15
 Table 5-3.  Performance Standards for New UST Systems	5-16
                                                             5-i

-------

-------
                        5. STORAGE TANKS
                                                      DEFINITION

                                           A storage tank is a stationary device
                                           designed to contain an accumulation of
                                           substances, and constructed of nonearthen
                                           materials (i.e., concrete, steel, plastic) that
                                           provide structural support.
            If your cooperative conducts
            vehicle maintenance or
            refueling activities, chances
            are you have storage tanks.
            Common materials stored in
            tanks at cooperatives include
            petroleum products (such as
            gasoline, diesel, and used
            motor oil) and certain
            hazardous substances (such as antifreeze). As the owner, you are
            responsible for the safe operation and maintenance of your tanks. This
            chapter summarizes the Federal regulations and requirements for
            operating and maintaining storage tanks, both underground and
            aboveground, and provides information to assist you in complying with the
            regulations. Although the Federal storage tank regulations are often
            adopted by states, state and/or municipal requirements can be more
            stringent.

5.1    UNDERGROUND STORAGE TANKS

            As defined in the Federal Regulations, an UST 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
            10 percent or more beneath the surface of the ground." The federal UST
            regulations apply only to those tanks storing either petroleum products or
            certain hazardous substances.  EPA estimates there are approximately
            1 million USTs in the United States that contain such materials.

5.1.1  Why Are USTs Regulated?
Leaking
USTs can
cause
environ-
mental and
safety
hazards.
            The reason for the regulation of USTs is that EPA estimates that many of
            the approximately 1 million USTs (including their piping) in the United
            States that contain petroleum products or hazardous substances are
            leaking. Leaking USTs can cause fires or explosions that threaten human
            safety. In addition, leaking USTs can contaminate soil or nearby
            groundwater. Because 50 percent of the U.S. population uses
            groundwater as a source of drinking water, the UST regulations were
            developed to minimize these risks and safeguard  the nation's
            groundwater resources.

            A release is  any spilling, leaking, emitting, discharging, escaping,
            leaching, or disposing from an UST into groundwater, surface water, or
                                                                          5-1

-------
Empower Your Cooperative
            subsurface soil. Table 5-1 describes common causes of UST leaks and
            releases to the environment.

                    Table 5-1. Common Causes of Release from USTs
Cause of Leak
Piping failures
Corrosion
Spills and overfills
Installation errors
Description of Leak
Most leaks result from piping failure. Piping is smaller and less sturdy
than tanks. It is assembled in the field with numerous connections and
usually installed near the ground's surface. As a result, piping suffers
much more than tanks from the effects of installation mistakes, excessive
surface loads, and the stress of underground movement.
Buried bare metal can corrode and deteriorate. Many older USTs have
bare metal tanks and piping that are not protected from corrosion.
Spills occur when a delivery truck's hose is disconnected incorrectly.
Overfills occur when more petroleum is delivered into the tank than it can
hold.
Tanks and piping also leak if they are not placed in the ground properly.
For example, leaking can result if poorly selected or compacted backfill
material is used when covering an UST, or if pipe fittings are inadequately
attached to the UST.
            EPA developed the UST regulations to make sure the following goals are
            reached:

               •   To prevent leaks and spills

               •   To find and correct problems created by leaks and spills

               •   To make sure that owners and operators of USTs can pay for
                  correcting the problems created if their USTs leak.

5.1.2  What Are the Federal UST Regulations?
Federal UST
regulations
are found in
Subtitle I of
RCRA
In 1984, Congress amended the Resource Conservation and Recovery
Act (RCRA) to require EPA to develop regulations to protect public health
and the environment from leaking USTs.  The amendment included a
section, Subtitle I, that established a new and comprehensive regulatory
program for UST systems containing petroleum products or substances
defined as hazardous under Section 101.14 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980. Federal Regulations for underground storage tank systems (USTs)
are  contained in 40 CFR Part 280.
5-2

-------
                                                   Empower Your Cooperative
Exemptions
to Federal
UST
regulations
           Subtitle I of RCRA governs
           activities and requirements
           related to UST systems. It
           includes the following
           provisions for UST systems:
                                            USEFUL TIP

                              States generally have the same requirements
                              as RCRA Subtitle I. However, some States
                              (and municipalities) have more stringent UST
                              regulations. You should contact your State
                              UST office and your local municipality to
                              determine if there are additional UST
                              regulations you must comply with.
                   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.

                   System closure  requirements.
           The regulations describe
           the steps you, as an UST
           owner or operator, need to
           take to help protect our
           health and environment.
           These steps will also help
           you avoid the high cost of
           cleaning up the
           environment and involving
           yourself in legal actions that
           can result if your tank or its
           piping leaks.
                                            USEFUL TIP

                              Please note that you can easily obtain free
                              booklets from EPA that provide clear but
                              detailed descriptions of the UST requirements.
                              A list of these booklets is provided in Section
                              5.1.3. EPA also makes these materials and
                              much other UST information available at a
                              Web site maintained by EPA's Office of
                              Underground Storage Tanks at
                              http://www.epa.gov/OUST/. This chapter
                              summarize material found in EPA publications.
The federal UST regulations do not apply to:

    •    Tanks with a capacity of 110 gallons or less

    •    Farm and  residential tanks holding 1,100 gallons or less of motor
        fuel used for noncommercial purposes

    •    Tanks storing heating  oil used on the premises where it is stored

    •    Tanks on or above the floor of underground areas

    •    Septic tanks and systems for collecting storm water and
        wastewater
                                                                              5-3

-------
Empower Your Cooperative
 Additional
 categorical
 exemptions
                •   Flow-through process tanks

                •   Emergency spill and overfill tanks.

            USTs providing fuel to emergency generators are among those deferred
            by Federal regulations from leak detection requirements (see Section
            5.1.4). In addition, large, field-constructed tanks (tanks assembled or
            constructed at the site as opposed to tanks manufactured in a factory) are
            deferred from both leak detection and upgrade requirements (see Section
            5.1.4).

5.1.3  How Do I Comply with the Federal UST Regulations?

            Federal regulations require that all regulated UST systems should be
            designed and constructed to retain their structural integrity throughout
            their operating life, and all USTs and attached piping should be protected
            from corrosion. In addition, all systems must be equipped with proper
            devices to prevent overfills and to control or contain spills. Release
            detection methods must be implemented to meet the performance criteria
            specified in the UST regulations.
 Regulations
 contain
 require-
 ments for
 new,
 existing and
 all UST
 systems.
            To meet the requirements of RCRA Subtitle I, EPA has requirements that
            apply to all UST systems, to existing UST systems, and to new UST
            systems. "Existing" UST systems are those that were installed before
            December 22, 1988; "new" systems are those installed after that date.
            The requirements or compliance deadlines can differ for new and existing
            USTs in respect to leak detection and spill, overfill, and corrosion
            protection, as discussed in the following pages.
      Requirements Applicable to All UST Systems
Your
responsibilities
Requirements
            In general, for all USTs at your cooperative, you are responsible for
            assuring that there are no leaks or spills from your USTs, including
            assuring that USTs maintain their integrity and are protected from spills,
            overfills, and corrosion.  To meet these goals, your cooperative should
            regularly review areas around the tanks to observe any signs of tank
            spills, overflows, and leaks.

            In addition, your cooperative is required to submit appropriate notification
            information to EPA or your State or local implementing agency, and
            maintain all records including permits, registrations, and installation or
            closure records at your cooperative. Requirements for notification,
5-4

-------
                                            Empower Your Cooperative
       recordkeeping, leak detection, and spill, overfill, and corrosion protection
       are described below.

 Notification

       You must report to the regulatory authority on the following occasions:

          •   When you install an UST, you have to fill out a notification form
              available from your state. This form provides information about
              your UST, including a certification of correct installation. (You
              should have already used this form to identify your existing USTs.
              If you haven't done that yet, be sure you do so now.)

          •   You must report suspected releases to the regulatory authority. If
              a release is confirmed, you must  also report follow-up actions you
              plan or have taken to correct the  damage caused by your UST.

          •   You must notify the regulatory authority 30 days before you
              permanently close your UST.

       You should check with your regulatory authority about the particular
       reporting requirements in your area, including any additional or more
       stringent requirements than those noted above.

 Recordkeeping

       You will have to keep records that can be provided to an inspector during
       an on-site visit that prove your facility meets certain requirements.  These
       records must be kept long enough to show your facility's recent
       compliance status in four major areas:

          •   You will have to keep records of leak detection performance and
              maintenance:

              •  The last year's monitoring results, and the most recent
                  tightness test.

              •  Copies of performance claims provided by leak detection
                  manufacturers.

              •   Records of recent maintenance, repair, and calibration of on-
                  site leak detection equipment.

          •   You will have to keep records showing the required inspections
              and tests of your corrosion protection system.


——	:		                            5-5

-------
 Empower Your Cooperative
                •  You must keep records showing that a repaired or upgraded
                   UST system was properly repaired or upgraded.

                •  For at least 3 years after closing an UST, you must keep records
                   of the site assessment results required for permanent closure.
                   (These results show what impact your UST has had on the
                   surrounding area.)

                •  You must keep records that document your financial responsibility
                   (as explained in EPA's booklet, Dollars And Sense, see 5.3.1).

            You should check with your regulatory authority about the particular
            recordkeeping requirements in your area. Generally, you should follow
            this useful rule of thumb for recordkeeping:  When in doubt, keep it.

      Leak Detection Methods

            Federal UST regulations require that owners and operators of all UST
            systems provide a method, or combination of methods, of release
            detection that:

                •  Can detect a release from any portion of the UST and the
                   connected piping that routinely contains stored product;

                •  Is installed, calibrated, operated, and maintained in accordance
                   with the manufacturer's instructions; and

                •  Meets the specific performance requirements for each release
                   detection method.

            Your cooperative must check its USTs at least once a  month to see if they
            are leaking. You  have  several options for performing monthly monitoring
            of the UST using  one (or a combination) of the following monthly
            monitoring leak detection  methods:

                •  Automatic tank gauging—This method uses automated
                   processes to monitor product level and inventory control in the
                   tank (not applicable to piping).

                •  Vapor monitoring—This method samples vapors in the soil gas
                   surrounding the UST. Leaked petroleum produces vapors that
                   can be detected in the soil gas. The regulations describe several
                   requirements for using this leak detection method.  For example,
                   this method requires using porous soils in the backfill and locating
5-6

-------
                                          Empower Your Cooperative
            the monitoring devices in these porous soils near the UST
            system.

         •  Interstitial monitoring — This method detects leaks in the space
            between the UST and a second barrier or wall. The regulations
            describe several general performance requirements for the
            application of interstitial monitoring with double-walled USTs,
            USTs fitted with internal liners, and USTs using partial
            interception barriers located below the UST.

         •  Groundwater monitoring— This method monitors the
            groundwater table near an UST for the presence of released free
            product on the water table. Monitoring wells near the UST are
            checked frequently to see if petroleum can be detected. The
            regulations allow manual and automatic methods for detecting
            petroleum in the monitoring wells. The regulations also describe
            several requirements for the use of this method.  For example,
            this method cannot be used if the water table is more than 20 feet
            below the surface of the ground.

         •  Statistical inventory reconciliation — In this method, a trained
            professional uses sophisticated computer software to conduct a
            statistical analysis of inventory, delivery,  and dispensing data,
            which you must supply regularly.

         •  If other methods can be shown to work as effectively as the
            methods described above for leak detection, then these
            alternative methods can be approved by the regulatory authority.

Short-term Alterative Leak Detection Methods

      There is  an alternate leak detection method that can be used for a
      maximum of 10 years after you install a new UST. Instead of using
      one of the monthly monitoring methods noted above, you can combine
      inventory control (reconciled monthly) with tank tightness testing.
      Inventory control involves taking daily measurements of tank contents and
      recording deliveries and amount pumped. Based upon some daily and
      monthly  calculations, you can discover if your tank may be leaking.  Tank
      tightness testing usually requires taking the UST out of service while
      changes in level or volume over time are measured. Your UST will need a
      tank tightness test every 5 years. After 10 years, you must use one of
      the monthly monitoring methods discussed above. This alternative
      leak detection method can also be used for existing USTs for 10 years
      following the date the tank has corrosion protection installed, or until
      December 1 998, whichever is later.
                                                                    5-7

-------
 Empower Your Cooperative
             For existing USTs that lack corrosion protection (see discussion below),
             there is the option of using monthly inventory control combined with
             annual tank tightness testing, but this option can be used only until
             December 1998.

             For small USTs, (tanks of 2,000 gallons capacity or less) manual tank
             gauging may be an option as a leak detection method, either by itself or
             in combination with tank tightness testing.  The manual tank gauging
             method involves keeping the tank undisturbed for at least 36 hours each
             week, during which the tank's contents are measured, twice at the
             beginning and twice at the end of the test period. Manual tank gauging
             can be used as the sole method of leak detection for the life of the tank
             only for tanks up to 1,000 gallons. For tanks between 1,001 and 2,000
             gallons, this method can be used only in combination with periodic tank
             tightness testing. This combined method, however, can be used only
             during the first 10 years following new tank installation. This method also
             can be used for existing USTs for 10 years following the date the tank has
             corrosion  protection, or December 1998, whichever is later.

      Additional Leak Detection for Piping

             If you UST has pressurized piping, it  must meet the following
             requirements:

                •   The piping must have devices that automatically shut off or
                    restrict flow or have an alarm that indicates a leak.

                •   You must either conduct an annual tightness test of the piping or
                    use one of the following monthly methods noted above for tanks:
                    interstitial monitoring, vapor monitoring, groundwater monitoring,
                    statistical inventory reconciliation, or other approved monthly
                    methods.

             If your UST has suction piping, your leak detection requirements will
             depend on which type of suction piping you have. One type of suction
             piping does not require leak detection if it has  the following
             characteristics:

                •    Below-grade piping operating at less than atmospheric pressure is
                    sloped so that the piping's contents will drain back into the
                    storage tank if the suction is released.

                •    Only one check valve is included in each suction line and is
                    located directly  below the suction pump.
5-8

-------
                                                  Empower Your Cooperative
           Suction piping that does not exactly match the characteristics noted
           above must have leak detection, either monthly monitoring (using one of
           the monthly methods noted above for use on pressurized piping) or
           tightness testing of the piping every 3 years.

     Corrosion Protection

Metal usis   Corrosion is the dissolution or
and piping    gradual wearing away of a
must have    material, especially by chemical
corrosion        ..    ,,  . ,  .   J   ...
protection    action.  Metal  is especially
           susceptible to corrosion.  If your
           UST or piping is made of metal
           or has metal components, you
           musUiave some form of
           corrosion protection for them.
      DEFINITION - CORROSION
Corrosion results when bare metal, soil,
and moisture conditions combine to
produce an underground electric current
that destroys metal. Corrosion creates
holes and leaks develop.
           Corrosion protection includes, but is not limited to, the following:

               •   Constructing the tank and piping of non-corrodible material, such
                   as fiberglass,

               •   Enclosing or coating the tank and piping with non-corrodable
                   material, and

               •   Cathodic protection. There are two cathodic protection methods:

                   •   Sacrificial Anode System—Sacrificial anodes can be
                       attached to the UST for corrosion protection.  Sacrificial
                       anodes are pieces of metal more electrically active than the
                       steel UST.  Because these anodes are more active, the
                       corrosive current will exit from them rather than the UST.
                       Thus, the UST is protected while the attached anode is
                       "sacrificed."

                   •   Impressed Current System—An impressed current system
                       uses a rectifier to convert alternating current to direct current.
                       This current is sent through an insulated wire to the anodes,
                       which are special metal bars buried in the soil near the UST.
                       The current then flows through the soil to the UST system,
                       and returns to the rectifier through an insulated wire attached
                       to the UST. The UST system is protected because the
                       current going to the UST system overcomes the corrosion-
                       causing current normally flowing away from it.
                                                                            5-9

-------
 Empower Your Cooperative
             The types of corrosion protection options available, and required for your
             system are discussed below.  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.

       Corrosion Protection for Existing USTs

             If your existing UST does not have corrosion protection, you must add it.
             For existing steel tanks lacking corrosion protection, it is not practical to
             add coatings or claddings. Instead, to add corrosion protection to existing
             steel tanks, you must either add cathodic protection (see below) to your
             tank, install an internal lining, or both. For each approach, there are
             procedures you should follow to ensure the adequacy of the corrosion
             protection you install.

             If you are adding only cathodic protection, you must assess the integrity
             of your tank to make sure it is structurally sound. If the UST is not
             sound, discontinue using the tank, and follow instructions in
             Sections 5.1.4 and 5.1.5 for closing the tank and corrective action.
             The following are methods you can use to assess the structural integrity of
             your tank, depending on the age of the tank:

                •   If the tank is less than 10 years old, you can use results from
                    one of the monthly leak detection methods to show the UST is not
                    leaking (interstitial monitoring, automatic tank gauging, vapor
                    monitoring, groundwater monitoring, statistical inventory
                    reconciliation, or other approved methods).

                •   If the tank is less than 10 years old, you can use results from
                    two tank tightness tests to show the UST is not leaking. The first
                    test takes place before you install cathodic protection, and the
                    second test takes place between 3 and 6 months after installation.

                •   If the tank is 10 years old or more, it can be internally inspected,
                    tested, and assessed to make sure that the tank is structurally
                    sound and free of corrosion holes (see 5.3.2 for industry codes).

                •   You can assess the tank for corrosion holes by a method that the
                    regulatory authority determines is no less protective than those
                    above.
5-10

-------
                                                  Empower Your Cooperative
Cathodic
protection
systems
must be
designed
and tested
by qualified
experts.
      After determining your tank is structurally sound, you can install cathodic
      protection. Regulations require a qualified corrosion expert to design
      cathodic protection systems installed at the UST site. The system must
      be tested by a qualified cathodic  protection tester within 6 months of
      installation and at least every 3 years thereafter. You will need to keep
      the results of the  last two tests to prove that the cathodic protection is
      working. In addition, you must inspect an impressed current system every
      60 days to verify that the system  is operating.  Keep results of your last
      three inspections  to prove that the impressed current system is operating
      properly.

      If you are adding only an interior lining to the tank, the interior can be
      lined with a thick layer of non-corrodible material (see Section 5.3.2 for
      industry codes). Tanks using only an interior lining for corrosion
      protection must pass an internal reinspection in 10 years and every 5
      years after that to make sure that the lining is sound. Keep records of the
      inspection results.

      If you add both cathodic protection and an interior lining, the
      advantages for you of this combined method are simple: your USTs
      receive more protection; and you are not required to have the interior
      lining periodically  inspected (which saves you the cost of these
      inspections).  You will still need to have the cathodic protection system
      periodically tested and inspected  and to keep records (as explained
      above).

      Existing steel piping must have cathodic protection.  Note that cathodic
      protection needs to be designed by a qualified corrosion expert, tested
      and inspected periodically, and records kept (as explained above).  Piping
      entirely made of (or enclosed in) non-corrodible material, such as
      fiberglass, does not need cathodic protection.

Corrosion Protection for New USTs

      Your new USTs must match one  of the following  performance standards
      for corrosion protection:

         •    Tank and piping completely made of non-corrodible material,
             such as fiberglass—Corrosion protection is also provided if tank
             and piping are completely isolated from contact with the
             surrounding soil by being enclosed in or "jacketed" in non-
             corrodible material.
                                                                          5-11

-------
Empower Your Cooperative
 New tank
 cathodic
 protection
 inspection
 require-
 ments
   •   Tank and piping made of steel having a corrosion-resistant
       coating AND having cathodic protection (such as an sti-P®
       tank with appropriate piping)—A corrosion-resistant coating
       electrically isolates the coated metal from the surrounding
       environment to help protect against corrosion. Asphaltic coating
       does NOT qualify as a corrosion-resistant coating. Methods
       of cathodic protection are briefly explained above.

   •   Tank made of steel clad with a thick layer of non-corrodible
       material (such as an ACT-100® tank)—This option does not
       apply to piping.  Galvanized steel is NOT a non-corrodible
       material.

New LIST systems equipped with cathodic protection must be inspected
for proper operation by a qualified cathodic protection inspector. The
inspection must be conducted within 6 months of installation and at least
every 3 years thereafter. The  inspection criteria should be in accordance
with the standards established by a  nationally recognized association,
such as the National Association of  Corrosion Engineers. Records of the
inspection should be maintained for at least the last two sets of inspection
results.  A qualified corrosion expert must design cathodic protection
systems, such as impressed current systems, that are installed at the LIST
site.  Impressed current systems must be inspected every 60 days to
ensure proper equipment operation.
      Spill and Overfill Protection
 How spills
 and overfills
 can occur
Many releases at LIST sites come from spills and/or from overfilling the
tank.  Human error causes most spills and overfills. Spills often occur at
the fill pipe when the delivery truck's hose is disconnected.  Although
these spills are usually small, repeated small releases can cause big
environmental problems. Overfills usually occur when a tank is overfilled
and the excess is released at the fill pipe, through loose fittings on the top
of the tank, and/or through a loose vent pipe. The tightness of these
fittings normally would not be a problem if the tank were not filled beyond
its capacity. Overfills usually release much larger volumes than spills.

To prevent spills  and overfills, the regulations specify spill and overfill
protection requirements for all tanks. These requirements include the
following:

    •   All USTs must have catchment basins to contain spills. These
       are described below. New USTs must have catchment basins
       when they are installed; existing USTs must have catchment
       basins installed by December 22, 1998.
5-12

-------
                                                Empower Your Cooperative
               •   All USTs must have overfill protection.  The three main types
                  of overfill protection devices (automatic shutoff devices, overfill
                  alarms, and ball float valves) are described below.  New USTs
                  must have overfill protection devices when they are installed.

               •   You and your fuel deliverer must follow industry standards for
                  correct filling practices. For example, you must make sure
                  there is room in the UST for the delivery, and the delivery driver
                  must watch the delivery at all times.  If you and the delivery driver
                  follow standard practices, nearly all spills and overfills can be
                  prevented.

Exemption    A" UST systems must be equipped with overfill protection, unless the
for overfill     UST never receives more than 25 gallons at a time. Many small used oil
protection     tanks fa(| jn tnjs categoty  However, if your UST receives more than 25
           gallons at a time, you must comply with the overfill requirements in the
           regulations.

     What are Catchment Basins?

           Catchment basins are also called "spill containment manholes" or "spill
           buckets."  Basically, a catchment basin is a bucket sealed around the fill
           pipe). To protect against spills, the basin should be large enough to
           contain what may spill when the delivery hose is uncoupled from the fill
           pipe. Basins range in size from those capable of holding only a few
           gallons to those that are much larger-the larger the catchment basin, the
           more spill protection it provides. You need a way to remove liquid from
           catchment basins. Manufacturers equip catchment basins with either
           pumps or drains to remove liquid.

           You should try to keep water out of catchment basins. Some catchment
           basins can collect enough water and sediment, along with spilled product,
           to make draining this mixture into the tank unwise. If this happens, you
           may pump out the catchment basin and dispose of the liquid properly. If
           the liquid contains fuel or chemicals, it could be considered a hazardous
           waste (see Chapter 3). Contact your state agency responsible for
           hazardous waste for information on testing and handling requirements
           and review the  information in Chapter 3 on managing hazardous wastes.

     What are Overfill Protection Devices?

           Overfill protection devices include automatic shutoff devices, overfill
           alarms, and ball float valves.  If you have "pumped delivery" where fuel is
           delivered under pressure, you must make sure your overfill protection
                                                                        5-13

-------
Empower Your Cooperative
            device works compatibly with pumped deliveries. Also, remember that
            overfill protection devices are effective only when combined with careful
            filling practices.

            Automatic shutoff devices are installed in an UST's fill pipe. These
            devices can slow down and then stop the delivery when the product has
            reached a certain level in the tank.  This device—sometimes simply called
            a "fill pipe device"—has one or two valves that are operated by a float
            mechanism. Some automatic shutoff devices work in two stages.  The first
            stage drastically reduces the flow of product to alert the driver that the
            tank is nearly full. The driver can then close the delivery valve and still
            have room in the tank for the product left in the delivery hose. If the driver
            does not pay attention and the liquid level rises higher,  the valve closes
            completely and no more liquid can be delivered into the tank, leaving the
            driver with a delivery hose full of product.

            Overfill alarms use probes installed in the tank to activate an alarm when
            the tank is either 90 percent full or within 1 minute of being overfilled.
            Either way, the alarm should provide enough time for the driver to close
            the truck's shutoff valve before an overfill happens. Alarms must be
            located where the driver can see or hear them easily. (Overfill alarms are
            often a part of automatic tank gauging systems.) Overfill alarms work only
            if they alert the driver at the right time and the driver responds quickly.
            Remember to put the alarm on an electrical circuit that  is active all the
            time so that the alarm will always work.  Many deliveries are made at night
            when the facility is closed. You don't want to turn off your alarm when you
            turn off the office lights.
                                                        USEFUL TIP
Ball float valves are placed at
the bottom of the vent line
several inches below the top of     Manufacturers do not recommend using
the UST. The ball floats on the     ba(| f|oat va|ves witn suction pjpjngj
                                 pressurized delivery, or coaxial Stage I
                                 vapor recovery.
            product and rises with product
            level during delivery until it
            restricts vapor flowing out the
            vent line BEFORE the tank is
            full.  If all tank fittings are tight, the ball float valve can create enough back
            pressure to restrict product flow into the tank—which can notify the driver
            to close the truck's shutoff valve. However, if the UST has loose fittings,
            sufficient back pressure may not develop and will result in an overfill.

Requirements for Existing USTs

            All existing UST systems must meet the requirements for all tanks
            discussed above, as well as the minimum performance standards
5-14

-------
                               =^=^^==   Empower Your Cooperative

            provided in Table 5-2.  Note the compliance deadlines in 1993 for leak
            detection and 1998 for spill, overfill, and corrosion protection indicated in
            the table.  If you have not already done so, do an inventory of your USTs
            to determine whether they comply with these minimum performance
            standards, and whether any or all have been upgraded or replaced to
            bring them into compliance. If your USTs are not in compliance with the
            minimum performance standards for existing USTs by the required
            deadlines, you can be cited for violations and fined.

          Table 5-2. Performance Standards for Existing UST Systems
LEAK DETECTION: Last Compliance Deadline Was December 1 993
EXISTING TANKS
EXISTING PRESSURIZED
PIPING
Choice of one from each set
EXISTING SUCTION PIPING
Monthly Monitoring*; or
Monthly Inventory Control and Annual Tank Tightness Testing
(This choice can only be used until December 1998.)', Or
Monthly Inventory Control and Tank Tightness Testing Every 5
Years (This choice can only be used for 10 years after tank has been protected from
corrosion, or until December 1998, whichever is later).
Automatic Flow Restrictor; or Annual Line Testing; or
Automatic Shutoff Device; or Monthly Monitoring*
Continuous Alarm System (except automatic tank gauging)
Monthly Monitoring* (except automatic tank gauging); or
Line Testing Every 3 Years; or
No Requirements**
CORROSION PROTECTION: Compliance Deadline Is December 22, 1998
EXISTING TANKS
EXISTING PIPING
Same Options as for New Tanks; or
Add Cathodic Protection System; or
Interior Lining; or
Interior Lining and Cathodic Protection
Same Options as for New Piping; or
Cathodically Protected Steel
SPILL/OVERFILL PROTECTION: Compliance Deadline Is December 22, 1998
EXISTING TANKS
Catchment Basins; and
Automatic ShutoffOevices or Overfill Alarms or Ball Float Valves
 Monthly Monitoring includes: Automatic Tank Gauging, Ground Water Monitoring, Vapor Monitoring, Statistical Inventory
Reconciliation, Interstitial Monitoring, and other approved methods.
"Types of suction piping that do not require leak detection include: below-grade piping that is sloped so that the piping's
contents will drain back into the storage tank if the suction is released and suction lines that have only one check valve that is
located directly below the suction pump.


            Note that your existing USTs must be in compliance now with leak
            detection requirements and must be in compliance with spill, overfill, and
            corrosion protection requirements by December 22,1998. Additional
            options available to you are to close the existing UST or replace the
                                                                              5-15

-------
Empower Your Cooperative
             existing UST with a new LIST that meets the performance standards for
             new USTs.
Requirements for New USTs
             All new USTs must be properly designed and constructed according to a
             code of practice developed by a nationally recognized association or
             independent testing laboratory (See Section 5.3). For new UST systems,
             performance standards for leak detection,  corrosion protection, and
             spill/overfill prevention should be incorporated into the design and
             construction  of the system. At the time of  installation, new UST systems
             must comply with requirements for leak detection and spill, overfill, and
             corrosion protection listed  in Table 5-3. If your new USTs are not in
             compliance with the minimum performance standards when  installed, you
             can be cited  for violations and fined.

             Table 5-3. Performance Standards for New UST Systems
LEAK DETECTION
NEW TANKS
NEW PRESSURIZED PIPING
Choice of one from each set
NEW SUCTION PIPING
Monthly Monitoring*, or
Monthly Inventory Control and Tank Tightness Testing Every 5
Years (acceptable only for 10 years after installation)
Automatic Flow Restrictor, or Annual Line Testing, or
Automatic Shutoff Device, or Monthly Monitoring*
Continuous Alarm System (except automatic tank gauging)
Monthly Monitoring* (except automatic tank gauging), or
Line Testing Every 3 Years, or
No Requirements**
CORROSION PROTECTION
NEW TANKS
NEW PIPING
Coated and Cathodically Protected Steel; or
Fiberglass; or
Steel Tank clad with Fiberglass
Coated and Cathodically Protected Steel; or
Fiberglass
SPILL/OVERFILL PROTECTION
NEW TANKS
Catchment Basins; and
Automatic Shutoff Devices or Overfill Alarms or Ball Float Valves
  * Monthly Monitoring includes: Automatic Tank Gauging, Ground Water Monitoring, Vapor Monitoring, Statistical Inventory
  Reconciliation, Interstitial Monitoring, and other approved methods.
  "Types of suction piping that so not require leak detection include: below-grade piping that is sloped so that the piping's
  contents will drain back into the storage tank if the suction is released and suction lines that have only one check valve that is
  located directly below the suction pump.
5-16

-------
*=^=^=^=^=^=^=^=^=  Empower Your Cooperative

             Owners and operators must certify that proper installation standards were
             followed and must identify the methods and procedures used to install the
             system. See Section 5.3 for organizations to contact for proper
             installation standards.

             Proper installation is crucial to ensure the structural integrity of any new
             tank system. Installation of an UST system should be conducted in
             accordance with standards established by several professional and
             scientific organizations, such as the National Fire Prevention Association,
             the American Petroleum Institute, and the Steel Tank Institute. UST
             system owners must be able to certify that the tank system was installed
             according to the standards of one of these organizations. See Section 5.3
             for contacting these organizations.

 5.1.4  Closure Requirements for New and Existing UST Systems

             You can close your UST temporarily or permanently.

       Closing Temporarily

             You may temporarily close your  UST for up to 12 months by following
             these requirements for temporary closure:

                •   Continue to monitor for leaks by maintaining the UST's leak
                    detection. (If your UST is empty, you do not need to maintain leak
                    detection.) Also, continue to monitor and maintain any corrosion
                    protection systems.  If a release is discovered, quickly stop the
                    release, notify your regulatory authority, and take appropriate
                    action to clean up the site.

                •   If the UST remains temporarily closed for more than 3 months,
                    leave vent lines open, but cap and secure all other lines, pumps,
                    manways, and ancillary equipment.

             After 12 months of temporary closure, you have three options:
                    Permanently close
                    your UST if it doesn't
                    meet the applicable
                    requirements for new
                    or upgraded USTs
                    (except for spill and
                    overfill).
            WARNING
People are killed or injured every year
while closing or removing tanks. Use safe
removal practices (see 5.3.2 for a safe
closure standard). Only trained
professionals should close or remove
USTs.
                                                                          5-17

-------
Empower Your Cooperative
               •   Ask your regulatory authority for an extension beyond 12
                   months, if you provide an assessment that determines whether
                   contamination is present at your site.

               •   Keep the LIST temporarily closed without needing an extension
                   granted by the regulatory authority if the UST meets the
                   applicable requirements for new or upgraded USTs (except for
                   spill and overfill) and the requirements noted above for temporary
                   closure.

      Closing Permanently

            If you decide to close your UST permanently,  follow these requirements
            for permanent closure:

               •   Notify the regulatory authority at least 30 days before you close
                   your UST.

               •   Determine if contamination from your UST is present in the
                   surrounding environment. If there is contamination, you may have
                   to take corrective action. For at least 3 years, keep a record of
                   the actions you take to determine if contamination is present at
                   the site (or you can mail this record to your regulatory authority).

               •   Either remove the UST from the ground or leave it in the ground.
                   In both cases, the tank must be emptied and cleaned by removing
                   all liquids, dangerous vapor levels, and accumulated sludge.
                   These potentially very  hazardous actions need to be carried out
                   carefully by trained professionals who follow standard safety
                   practices. If you leave the UST in the ground, have it filled with a
                   harmless, chemically inactive solid, like sand.

5.1.5  Corrective Action/Site Remediation

 Pay        There are warning signals that indicate your UST may be leaking and
 attention to   creating problems for the environment and your business. By paying
 warning      careful attention to the early warning signals and reacting to them quickly
 youTtankis   before major problems develop, you can minimize potential environmental
 leaking.      and liability problems.

            You should suspect a leak when you discover the following warning
            signals:
 5-18

-------
                                                Empower Your Cooperative
Respond to
evidence of
leaked
petroleum
at or near
your
cooperat-
ive.
    •   Unusual operating conditions (such as erratic behavior of the
       dispensing pump).  Check first to see if this problem results from
       equipment failure that can be repaired.

    •   Results from leak detection monitoring and testing that
       indicate a leak.  What at first appears to be a leak may be the
       result of faulty equipment that is part of your UST system or its
       leak detection. Double check this equipment carefully for failures.

If you suspect leaks based on the occurrence of these early warning
signals, you need to call your regulatory authority.  Then, you must find
out quickly if these suspected leaks are actual leaks using the following
investigative steps:

    •   Conduct tightness testing of the entire UST system.

    •   Check the site for additional information on the presence and
       source of contamination.

If these system tests and site  checks confirm a leaking UST, follow the
actions for responding to confirmed leaks described below.

If you store petroleum products in USTs, you must also  respond quickly to
any evidence of leaked petroleum that appears at or near your
cooperative. For example, neighbors might tell you they smell petroleum
vapors in their basements or taste petroleum in their drinking water.  If
evidence of this type is discovered, you must report this discovery
immediately to the regulatory authority and take the investigative steps
and follow-up actions noted above.
     Responding to Confirmed Leaks

           Your response to confirmed releases comes in two stages: short-term
           and long-term actions.

     Short-term Actions

              •   Take immediate action to stop and contain the release.

              •   Report the release to the regulatory authority within 24 hours.
                  However, petroleum spills and overfills of less than 25 gallons do
                  not have to be reported if you immediately contain and clean up
                  these  releases.
                                                                        5-19

-------
Empower Your Cooperative
               •   Make sure the release poses no immediate hazard to human
                   health and safety by removing explosive vapors and fire hazards.
                   Your fire department should be able to help or advise you with this
                   task. You must also make sure you handle contaminated soil
                   properly so that it poses no hazard (for example, from vapors or
                   direct contact).

               •   Remove petroleum from the UST system to prevent further
                   release into the environment.

               •   Find out how far the petroleum has moved and begin to recover
                   the leaked petroleum (such as product floating on the water
                   table).  Report your progress and any information you have
                   collected to the regulatory authority no later than 20 days after
                   confirming a release.

               •   Investigate to determine if the release has damaged or might
                   damage the environment. This investigation  must determine the
                   extent of contamination both in soils and groundwater. You must
                   report to the regulatory authority what you  have learned from an
                   investigation of your site according to the schedule established by
                   the regulatory authority. At the same time, you must also submit
                   a report explaining how you plan to clean up  the site. Additional
                   site studies may be required.

      Long-term Actions

            Based on the information you have provided, the regulatory authority will
            decide if you must take further action at your site.  You may need to take
            two more actions:

                •   Develop  and submit a Corrective Action Plan that shows how you
                   will meet requirements established for your site by the regulatory
                   authority.

                •   Make sure you implement the steps approved by the regulatory
                   authority for your site.

      Can Leaking Tanks Be Repaired?

            You can repair a leaking tank if the person who  does the repair carefully
            follows standard  industry codes that establish the correct way to conduct
            repairs. (See 5.3.2 for industry codes and standards.)
 5-20

-------
                                                 Empower Your Cooperative

            Within 30 days of the repair, you must prove that the tank repair has
            worked by doing one of the following:

                •   Have the tank inspected internally or tightness tested following
                   standard industry codes; or

                •   Use one of the monthly leak detection monitoring methods; or

                •   Use other methods approved by the regulatory authority.

            Within 6 months of repair, USTs with cathodic protection must be tested
            to show that the cathodic protection is working properly.  You must keep
            records for each repair as long as you keep the UST in service.

      Can Leaking Piping Be Repaired?

            Damaged metal piping cannot be repaired and must be replaced. Loose
            fittings can be tightened, and in some cases that may solve the problem.
            Piping made  of fiberglass-reinforced plastic can be repaired, but only in
            accordance with the manufacturer's instructions or national codes of
            practice. Within 30 days of the repair, piping must be tested in the same
            ways noted above for testing tank repairs (except for internal inspection).

5.1.6  State Regulations

            RCRA, Subtitle I establishes requirements that states must meet to have
            a Federally approved UST program. Presently, 24 states have EPA-
            approved UST programs. In many cases, the state regulations in their
            final form are extensions of the Federal UST program and the
            requirements of each state must be at least as stringent as the
            corresponding Federal regulations. Under the Subtitle I requirements,
            states with approved UST programs have primary enforcement
            responsibility with respect to UST program requirements in their states. It
            is important to be aware of state and local requirements for UST systems.
            Ail state and territory UST program offices can be found on EPA's Web
            site  at http://www.epa.gov/swerust1/states/statcon1.htm.

5.2    ABOVEGROUND STORAGE TANKS

            By definition,  an aboveground storage tank (AST) system must have more
            than 90 percent of the tank and its associated piping aboveground. The
            Clean Water Act (CWA) contains the requirements for ASTs, and many
            requirements for UST systems are applicable to AST systems (i.e.,
            spill/overfill protection,  leak detection).  In addition, there are other
                                                                        5-21

-------
Empower Your Cooperative
 Integrity
 testing for
 your AST
 Visually
 inspect the
 outside of
 your AST
 frequently.
Containment
for spills from
ASTs
requirements for AST systems mandated by the Spill Prevention Control
and Countermeasure (SPCC) rule, as well as by fire codes that should be
incorporated into the system.

As outlined by CWA, AST systems should be subject to periodic integrity
testing. The testing method used should take into account tank design
features such as a floating roof, and should use such techniques as
hydrostatic testing, visual inspection or a system of non-destructive shell
thickness testing. Tank supports and foundations should be included in
these inspections. In addition, periodic pressure testing may be warranted
for piping in areas where facility drainage is such that equipment failure
may lead to a spill event.  Testing records should be  kept where
appropriate, and used for comparison.

In addition to integrity testing, the outside of the tank should frequently be
observed by operating  personnel for signs of deterioration, leaks which
might cause a spill, or accumulation of oil inside diked areas.  All
aboveground valves and pipelines should be subjected to regular
inspections by operating personnel.  These inspections should be
conducted to note the general condition of the tank equipment, such as
flange joints,  expansion joints, valve glands and bodies, catch pans,
pipeline supports, locking of valves,  and metal surfaces.

ASTs and their piping should be equipped with appropriate containment
and/or diversionary structures or equipment to prevent discharged oil from
reaching a navigable water course.  This is usually accomplished by
constructing special containment areas and drainage lines (equipped with
oil/water separators) not only at the tank location, but in the vicinity of the
tank itself.  One of the following preventive systems or its equivalent
should be used as a minimum:

    •   For onshore facilities:

        •   Dikes, berms or retaining walls sufficiently impervious to
            contain spilled oil

        •   Curbing
        •   Culverting, gutters or other drainage systems

        •   Weirs, booms or other barriers

        •   Spill diversion ponds

        •   Retention ponds

        •   Absorbent materials
5-22

-------
                                                 Empower Your Cooperative
                   For offshore facilities:
                   •  Curbing or drip pans
                   •  Sumps and collection systems.

            AST systems that are exempt from CWA regulations include:

                •  Onshore and offshore facilities which, due to their location, could
                   not be reasonably expected to discharge oil into or upon the
                   navigable waters of the U.S. or adjoining shorelines

                •  Equipment or operations of vessels or transportation related to
                   onshore and offshore facilities which are subject to the authority
                   of the U.S. Department of Transportation (DOT)

                •  Both of the following criteria are met:

                   •  The underground buried storage capacity of the facility is
                       42,000 gallons or less of oil

                   •  The storage capacity which is not buried at the facility is
                       1,320 gallons of oil or less and no single container exceeds a
                       capacity of 660 gallons.

5.3    RESOURCES

5.3.1  References

            For information on USTs, you can go to EPA's Office of Underground
            Storage Tanks Web site at http://www.epa.gov/OUST/ to download,
            order, or read documents online. You can call EPA's toll-free RCRA/
            Superfund Hotline at 800 424-9346 and order up to 30 free copies. Or
            you can write and ask for titles by addressing your request to NCEPI, our
            publication distributor: NCEPI, Box 42419, Cincinnati, OH 45242. Or you
            can make your request by calling NCEPI's toll-free number at 800
            490-9198. Or you can fax your order to NCEPI at 513 891-6685. If you
            want more than 30 copies, contact Jay Evans at 703 603-7149.

      Publications About USTs

            Musts For USTs: A Summary Of Federal Regulations For USTs.
            Booklet clearly summarizes federal UST requirements for installation,
            release detection, spill, overfill, and corrosion protection, corrective action,
            closure, reporting and recordkeeping. Updated & revised 1995. Normas '
                                                                        5-23

-------
Empower Your Cooperative
            y Procedimientos para T.S.A. Spanish translation of 1988 edition of
            Musts For USTs.

            Straight Talk On Tanks:  Leak Detection Methods For Petroleum
            USTs. Booklet explains federal requirements for leak detection and
            describes allowable leak detection methods. Updated & revised 1995.

            Doing Inventory Control Right: For USTs. Booklet describes how
            owners/operators of USTs can use inventory control and periodic
            tightness testing to meet federal leak detection requirements. Contains
            reporting forms.

            Manual Tank Gauging: For Small USTs. Booklet provides simple, step-
            by-step directions for conducting manual tank gauging for tanks 2,000
            gallons or smaller.  Contains reporting forms .

            Introduction To Statistical Inventory Reconciliation: For USTs.
            Booklet describes the use of Statistical Inventory Reconciliation (SIR) to
            meet federal leak detection requirements .

            Don't Wait Until 1998: Spill, Overfill, And Corrosion Protection For
            USTs. Information to help owners and operators of USTs meet the 1998
            deadline for compliance with requirements to upgrade, replace, or close
            USTs installed before December 1988.  Materials available as a 16-page
            booklet,  a tri-fold leaflet, or Spanish translation of the booklet (No Espere
            Hasta El 1998!).

            Dollars  And Sense: Financial Responsibility Requirements For
            USTs. Booklet clearly summarizes the "financial responsibility" required
            of UST owners/operators by federal UST regulations.

            An Overview Of UST Remediation Options. Information about
            technologies that can be used to remediate petroleum contamination in
            soil and  groundwater.

            Controlling UST Cleanup Costs. Fact sheet series on the cleanup
            process includes: Hiring a Contractor, Negotiating the Contract,
            Interpreting the Bill, Managing the Process, and Understanding Contractor
            Code Words.

            Pay-For-Performance Cleanups: Effectively Managing UST Cleanups.
            Booklet  explores potential advantages of using pay-for-performance
            cleanup agreements to reduce the cost and time of cleanups and more
            effectively manage cleanup resources.
5-24

-------
^^=^=^^^^^^=^=^=^=^^   Empower Your Cooperative

 5.3.2  For Further Information


       Industry Codes and Standards

             Installation
                i
             API Recommended Practice 1615 (1987), Installation of Underground Petroleum
             Storage Systems

             PEI RP100-94 (1994), Recommended Practices for Installation of Underground
             Liquid Storage Systems

             Tank Filling Practices

             NFPA 385 (1985), Standard for Tank Vehicles for Flammable and Combustible
             Liquids

             Closure

             API Recommended Practice 1604 (1996), Closure of Underground Petroleum
             Storage Tanks

             Assessing Tank Integrity, Repairing Tanks, and Interior Lining of Tank

             API Recommended Practice 1631 (1992), Interior Lining of Underground
             Storage Tanks

             NLPA Standard 631 (1991), Entry, Cleaning, Interior Inspection, Repair, and
             Lining of Underground Storage Tanks

             Corrosion Protection

             API Recommended Practice 1632 (1987), Cathodic Protection of Underground
             Petroleum Storage Tanks and Piping Systems

             NACE RP-0169-92 (1992), Standard Recommended Practice: Control of
             Corrosion on Underground or Submerged Metallic Piping Systems

             NACE RP-0285-85 (1985), Standard Recommended Practice: Control of
             External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid
             Storage Systems

             STI R892-91 (1991), Recommended Practice for Corrosion Protection of
             Underground Piping Networks Associated with Liquid Storage and Dispensing
             Systems
                                                                             5-25

-------
Empower Your Cooperative
            General (Repair, Spill and Overfill, Installation, Compatibility)

            API Recommended Practice 1621 (1993), Bulk Liquid Stock Control at Retail
            Outlets

            API Recommended Practice 1626 (1985), Storing and Handling Ethanol and
            Gasoline-Ethanol Blends at Distribution Terminals and Service Stations

            API Recommended Practice 1627 (1986), Storage and Handling of Gasoline-
            Methanol/Cosolvent Blends at Distribution Terminals and Service Stations

            API Recommended Practice 1635 (1987), Management of Underground
            Petroleum Storage Systems at Marketing and Distribution Facilities

            NFPA 30 (1993), Flammable and Combustible Liquids Code

            NFPA 30A (1993), Automotive and Marine Service Station Code

            Organizations

            API - American Petroleum Institute
            1220 L Street, NW
            Washington, DC 20005
            (202) 682-8000

            Fiberglass Petroleum Tank and Pipe Institute
            9801 Westheimer, Suite 606
            Houston, TX  77042-3951
            (713)465-3310

            NACE International (formerly the National Association
               of Corrosion Engineers)
            Box 218340
            Houston, TX  77218-8340
            (713)492-0535

            NFPA - National Fire Protection Association
            1 Batten/march Park
            P.O. Box 9101
            Quincy, MA 02269-9101
            (617)770-3000

            NLPA - National Leak Prevention Association
            P.O. Box 1643
            Boise, ID 83701
            (208) 336-6941
5-26

-------
PEI - Petroleum Equipment Institute
P.O.  Box 2380
Tulsa, OK 74101-2380
(918)494-9696

Steel Tank Institute
570 Oakwood Road
Lake Zurich, IL 60047
(708) 438-TANK [8265]
                                  Empower Your Cooperative
                                                        5-27

-------

-------
             !^==^^=   Empower Your Cooperative

              CHAPTER 6 - TABLE OF CONTENTS
6.  HOW DO I SAFELY MANAGE HAZARDOUS PRODUCTS USED AT
   MY COOPERATIVE?  	6-1

   6.1  WHAT ARE THE REGULATIONS FOR STORAGE AND
       REPORTING USE OF HAZARDOUS PRODUCTS?	  6-1
   6.2  EPCRA REPORTING REQUIREMENTS  	6-2
       6.2.1  MSDS Reporting Requirements	6-2
       6.2.2  Tier I and Tier II Reports 	6-2
       6.2.3  Toxics Release Inventory .	      6-3
   6.3  HOW SHOULD DIFFERENT HAZARDOUS PRODUCTS
       BE SAFELY MANAGED? 	6-4
       6.3.1  Hazardous Properties 	6-4
             Hierarchy of Storage Hazards	6-5
       6.3.2  Avoiding Hazards in Use and Storage	6-6
             Characteristics of Safe Storage Areas	6-6
             Handling Leaking Containers of Hazardous
                Products	6-8
       6.2.3  What Are OSHA Labeling Requirements?	6-8
             How to Label Containers	6-9
             Labeling Empty Containers to Be Reused	6-10
             How to Label Storage Areas	         6-10
  6.4  RESOURCES .  . . .	6-10
       6.4.1  References	6-10
       6.4.2  Hotlines  	!!.'!.' 6-11

-------

-------
  6. HOW DO ! SAFELY MANAGE HAZARDOUS PRODUCTS
                   USED AT MY COOPERATIVE?
            You may be handling and
            storing a variety of products
            (i.e., a substance that has
            not been used, and is not a
            waste) such as oils, paints,
            paint thinners/solvents,
            antifreeze, pesticides, and/or
            fuels that you use in your daily
            operations. Many of these
            products are defined in EPA
            regulations as "hazardous
            substances" (see box). There
            are regulations for storage of
            some types of hazardous
            products, and for reporting your
            use of them (including storage for future use).  There also are standard
            practices for storage and handling to prevent exposure of individuals to
            them, to prevent releases to the environment, and to prevent them from
            mixing together (which could cause explosions, fire, or chemical reactions
            that release other toxic or hazardous substances).
                                              DEFINITION

                                   Hazardous substances are defined in the
                                   CERCLA/EPCRA regulations (at 40 CFR
                                   302.4). The regulations include a list of all
                                   defined hazardous substances. Included in
                                   the CERCLA/EPCRA definition of
                                   hazardous substances are RCRA listed or
                                   hazardous wastes, as well as PCBs and
                                   PCB wastes.  PCBs and PCB wastes and
                                   how to manage them are discussed in
                                   Chapter 2; RCRA hazardous waste types
                                   and discussion of the regulations for
                                   managing them are included in Chapter 3.
           This chapter will provide you
           with information on the
           reporting and storage
           requirements in the regulations
           if you use any products defined
           as hazardous substances at
           your cooperative, and best
           management practices for
           storage and handling of these
           products.
                                    DO THE REGULATIONS APPLY TO ME?

                                   The material safety data sheets for the
                                   products you use, will indicate if the
                                   product is a hazardous substance. Also,
                                   you can look the product up in the list in 40
                                   CFR 302.4.
6.1
WHAT ARE THE REGULATIONS FOR STORAGE AND
REPORTING USE OF HAZARDOUS PRODUCTS?

     The Emergency Planning and Community Right to Know Act ( EPCRA)
     addresses protection of the community through establishment of
     emergency response agencies such as the Local Emergency Planning
     Committee (LEPC) and the State Emergency Response Commission
     (SERC). These emergency response agencies coordinate spill response
     in the event of an accident or emergency. To provide these agencies with
     information necessary to carry out their function, Sections 311 -312 of
                                                                        6-1

-------
Empower Your Cooperative
           EPCRA require information on chemicals stored at your cooperative to be
           submitted to LEPCs, SERCs, and the fire department.  These
           requirements are discussed in Section 6.2.

           The Occupational Safety and Health Act (OSHA) requires a Material
           Safety Data Sheet (MSDS) to be prepared for each hazardous chemical
           stored at a facility.  MSDS should accompany every product you
           purchase, or should be available from the manufacturer.  OSHA also has
           regulations on labeling containers of hazardous substances, and on
           storing flammable and combustible materials. These requirements are
           discussed in Section 6.3.

6.2    EPCRA REPORTING REQUIREMENTS

           There are a number or requirements in EPCRA for reporting your use of
           hazardous substances at your cooperative, and these requirements vary
           depending on the types of products used. The following sections describe
           the various reporting requirements.

6.2.1  MSDS Reporting Requirements
            EPCRA Section 311 requires
            facilities to submit MSDS sheets
            or a list of MSDS  sheets and
            associated information for the
            hazardous chemicals you use to
            the LEPC, the SERC, and the
            fire department. A list of
            hazardous chemicals as defined
           USEFUL TIP
Contact your LEPC, SERC, or fire
department for information on where to
obtain the appropriate MSDS notification
forms.
            in EPCRA can be found at 40 CFR 372.65.

6.2.2  Tier I and Tier II Reports

            Section 312 of EPCRA outlines requirements for Hazardous Chemical
            Inventories. Under Section 312, you must provide chemical inventory
            data to the LEPC, the SERC, and the fire department for any chemical for
            which you have an MSDS sheet and:

               •  Is a hazardous substance present in excess of 10,000 Ib; or

               •  Is an extremely hazardous substance present in excess of 500 Ib.
                  or the Threshold Planning Quantity.
6-2

-------
                                                  Empower Your Cooperative
How to identify
hazardous and
extremely
hazardous
substances.
 Hazardous
 Chemical
 Inventory
 Reporting
EPCRA defines hazardous and extremely hazardous substances. The
lists of these substances can be found at 40 CFR Parts 302.4 and 355,
respectively. These tables provide reportable quantities or threshold
planning quantities for each listed substance.
The Hazardous Chemical
Inventory consists of Tier I
information and/or Tier II
information. If your
cooperative meets either of the
criteria above, the minimum
reporting requirement is to
submit a Tier I form to the
LEPC, the SERC, and the local fire department. The Tier I form provides
aggregate information on  hazardous chemicals and includes estimates of
the maximum and average daily amounts present, and the location of the
chemicals.
           USEFUL TIP

Forms for submitting Tier 1 and II
information should be obtained from the
SERC. Your local fire department may be
able to help you obtain them.
            Upon the request of the LEPC, SERC, and local fire department, your
            cooperative may have to submit Tier II information. Tier II information is
            similar to Tier I, except that it must be chemical-specific, rather than
            aggregate information. A facility may voluntarily submit Tier II data
            instead of Tier I (especially if you believe you will have to submit Tier II
            data anyway).  Tier I data must be submitted by March 1 annually (for the
            preceding calendar year).

6.2.3  Toxics Release Inventory
 TRI
 Reporting
Recent TRI
expansion,
and impact on
Rural Electric
Cooperatives
Section 313 of EPCRA has requirements for certain facilities to provide
information on the amount of toxic chemicals released (to air, water,
sewer, landfill, etc.). This information goes into the Toxics Release
Inventory (TRI) TRI reporting is required for any facility that:

    •    Has 10 or more full-time employees;

    •    Falls under SIC Codes 20 through 39, and power generation
        facilities with SIC Codes 4911, 4931, and 4939 (see below); and

    •    That manufactures, processes, or otherwise uses a toxic chemical
        as identified in the EPCRA Title III list of lists,  in quantities
        exceeding the specified quantities.

Initially, TRI reporting was only required for facilities that fell  under SIC
Codes 20 through 39.  In May 1997, the list of facility types that must
                                                                            6-3

-------
Empower Your Cooperative
6.3
     report was expanded, and this expansion included coal and oil-fired
     utilities and any gas-fired units that burn oil at any given time (i.e., SIC
     Codes 4911, 4931, and 4939). Since the expansion, rural electric
     cooperatives that are generation and transmission facilities, as well as
     those that use diesel generators from time to time to generate electricity
     for their customers, all may fall within the requirements. See Section 6.3
     for information on guidance to help you determine if you must report to the
     TRI, based on your facility's power generation activities.

     EPA has developed a form for TRI reporting, referred to as "Form R" and
     it can be obtained from EPA and state officials administering the EPCRA
     program.  This form is to  be submitted by July 1,1999 and every year
     thereafter. The list of chemicals subject to  EPCRA Section 313
     requirements is found in the Title III List of Lists (found at 40 CFR 372.65).

HOW SHOULD DIFFERENT HAZARDOUS  PRODUCTS BE
SAFELY MANAGED?
            The goals of safe
            management of hazardous
            products are to keep the
            risk of exposure to those
            substances small, prevent
            their release to the
            environment, and keep
            them from mixing.
            Achieving these goals
            requires following proper
            use and storage
            procedures. The key to
            properly using and storing
            hazardous products is knowing

6.3.1  Hazardous Properties
                                    USEFUL TIP - MINIMIZING EXPOSURE

                                  Exposure of personnel to a hazardous product
                                  could cause a serious illness. In addition to the
                                  proper use and handling practices discussed in
                                  this section, minimizing this risk requires
                                  knowing the protective equipment to use when
                                  using the substances, and knowing the
                                  exposure limits (provided in the OSHA
                                  regulations at 29 CFR 1910.100 Subpart Z).
                                  Protective equipment and exposure limits will
                                  not be discussed further in this document
                                 their hazardous properties.
The two main
categories of
hazardous
products are
physical and
biological.
     Hazardous properties of the various products you use at your cooperative
     can be divided into two categories: physical and biological. Substances
     that pose physical hazards include ignitability, corrosivity, and reactivity.
     These types of subsances can cause heat or explosions or can otherwise
     destroy materials. Substances that pose biological hazards are toxic,
     noxious, or irritants. These types of substances can cause short- or long-
     term illness or death but do not cause physical damage. MSDSs for the
     substances your cooperative uses should indicate the type of hazard the
     substance poses.
6-4

-------
                                                   Empower Your Cooperative
            Both physical and biological hazards must be considered in deciding how
            and where the substances are to be used or stored.  Sometimes one
            material or group of materials has several hazardous properties. And
            sometimes, even though two products have the same hazardous property,
         ,   they cannot be used or stored together.  Finally, there are four types of
            hazardous substances that will always produce a reaction if mixed with
            one another: flammable, corrosive, toxic, and reactive.  To make the right
            safe management decisions, it is important to know something about the
            "hierarchy of hazards."

      Hierarchy of Storage Hazards
                                                    HIERARCHY OF HAZARDS

                                                Hierarchy of hazards for storage of
                                                hazardous products: 1. physical
                                                hazard, 2. severe biological hazard,
                                                3. lesser biological hazard.
            The first rule of the hierarchy of
            hazards is that the physical hazard
            is usually more important than the
            biological hazard (see box).
            Therefore, materials with the same
            physical hazards should be
            managed separately from
            materials  with different physical
            hazards.
            After the materials are safe from their physical hazards, thought should be
            given to the biological hazards each material poses, especially toxicity.
            Toxicity is a severe biological hazard and toxic materials must be kept
            separately from all other materials.

            Less severe biological hazards are noxious and irritant materials.  When
            properly stored in closed containers, they are not a serious threat to
            workers or the environment. And, if they are released in a fire or a spill,
            emergency response personnel can usually protect themselves from
            exposure. Therefore, noxious and irritant materials can be stored with
            other types of materials. For instance, noxious materials can be stored
            together with toxic materials.  Irritant materials, if they are biological
            irritants, can also be stored with toxic materials. If they  are mild acids or
            bases, irritant materials can be stored with  similar corrosives. However, if
            a material is corrosive and noxious, it should be stored as a corrosive
            (because the physical hazard is higher in the hierarchy than the biological
            hazard).

store different  Two types of materials, toxics and reactives,  should always be kept away
materials      from other types of materials- TneV should be kept in locked storage
separately.     areas so that only authorized personnel have access to them. If a
            material is both reactive and corrosive it should be stored as a reactive
Noxious and
irritants are
less severe.
                                                                             6-5

-------
Empower Your Cooperative
            material. If a material is toxic and ignitable, it should be stored as an
            ignitable material but separately from materials that are only ignitable.  For
            example, materials that are both toxic and ignitable could be stored in a
            locked, fire-safe locker in an ignitable materials storage area.

            That means storing them in three ways: first, so that those substances
            that pose physical hazards do not cause damage to containers and allow
            the products in those containers to leak out; second, so that, if the
            substances  do leak, they do not mix with other substances to cause fire,
            explosion or toxic chemical releases; and third, so that if the substances
            leak, the combination of substances in the storage area does not make it
            even more difficult for emergency response personnel to respond to a fire
            or spill.

6.3.2  Avoiding Hazards in Use and Storage

            Most of the hazardous products you use regularly (such as solvents, fuels,
storage in     acids), will be contained either in equipment or in containers (bottles,
openabie      cans, etc.) near where they are used.  In locating areas where hazardous
containers     products stored in openabie equipment or containers are to be used, you
            need to consider both the physical and biological hazards of those
            substances.  To reduce the risk to your health and safety, it is important to
            keep openabie containers or equipment closed when not using or working
            with any substance.  In both use and storage, when hazardous products
Use and      are in closed or sealed equipment or containers, the physical  hazards
storage in     become more important than the biological hazards. Because  the
containers     containers/equipment are expected to be closed and in good condition,
            the risk of exposure to the biological hazards of the material is expected to
            be very small.

       Characteristics of Safe Storage Areas

Use barriers    Hazardous product storage areas can be located indoors, outdoors, or in
to separate.    both places. For either indoor or outdoor storage areas, the best way to
            separate materials that have different types of physical hazards is to put a
            physical barrier, such as a wall, between them. OSHA requires that
            flammable products be stored separately from all other products, in fire-
            safe lockers or rooms (29 CFR 1910.106). If the amounts of product you
            store are small, you might store each different hazardous product in a
            separate fire-safe locker.   If separate rooms or lockers are not available
            for storing products that have  hazardous properties other than
            flammability, it is advisable to  have different storage areas for each type of
            product, separated by at least 2 meters or approximately 6 feet of open
            space.  These separate areas should have barriers on the floor of the
6-6

-------
                                                  Empower Your Cooperative
Secondary
containment
Location of
outside
storage.
storage area, such as a row of sandbags or a concrete curb, to prevent
spills or leaks of incompatible chemicals from mixing.  A. roof or cover for
an outdoor storage area should be provided to protect the containers from
the weather.

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 environmental 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 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.

For outdoor storage  areas, location also is a very important consideration.
Storage areas should be located on pavement, not on the bare ground
and not on gravel-covered parking  areas. Even on pavement, however,
some areas are more environmentally sensitive than others. For instance,
a storage area should not be located adjacent to a stream, creek, river, or
any drainage to them because if a spill or leak were to occur, the
hazardous product could get into the surface water and cause damage to
wildlife, domestic animals, or humans. Storage areas should not be
located next to sandy soil or gravel areas because liquids move  more
quickly through these types of surfaces and spread contamination more
rapidly to the environment.

Similarly, storage in  high-traffic areas should be avoided.  The fewer
vehicles or unauthorized individuals that come in contact with the
hazardous products, the lower the risk of a spill or release occurring. It is
also important that fire fighting equipment (i.e., fire extinguisher)  can be
easily accessed from the stprage location.
                                                                           6-7

-------
Empower Your Cooperative
      Handling Leaking Containers of Hazardous Products

            When handling a leaking container, the objectives are to prevent human
            exposure to the material or waste and to keep it from reaching the soils,
            drains, sewers, or surface water. The first step is to stop the leak if it is
            possible to do so safely. If the leak occurred because the lid or top of the
            container was not secure, the lid should be tightened. If the leak occurred
            because the container broke or rusted-through, the material in the leaking
            container can be transferred to a new container. A leaking container can
            be "overpacked" by placing it within a larger container, so that any leaking
            material is contained within the outer container.

6.2.3  What Are OSHA Labeling Requirements?

            Labeling is very important for the following simple reasons.

               •   Even though hazardous products that enter the workplace are
                   already labeled, there are all kinds of opportunities for them to be
                   placed in a container that is unlabeled. Labels are often
                   misplaced as well, leaving  the past contents of a container to be a
                   mystery.

               •   Since hazardous products  are stored where many individuals are
                   working, one person might know what is in the container, but
                   other individuals, such as fire fighters responding to a spill, need
                   to know the contents of the container as well so that they can
                   wear appropriate personal  protective equipment and use the most
                   effective technique to clean up a spill or fight a fire.
Why label?        •   Human memory does not work perfectly all the time. It may be
                   easy to remember what is  in one drum, but when five or six are
                   added, sometimes they all  look the same. Even if you are able to
                   keep track of which container is which, the other workers who use
                   the containers may not.

               •   To ensure that violent reactions do not occur, certain hazardous
                   products must be stored away from others.  If drums are not
                   labeled, it is very easy for incompatible chemicals to get mixed.
6-8

-------
                                                 Empower Your Cooperative
            For all of the above
            reasons, OSHA regulations
            require that before any
            material is stored, it must
            first be labeled.  These
            regulations, found at 29
            CFR 1910.1200 are known
            as the Hazard
            Communication
            Requirements. The
            regulations contain two types of
            containers and labeling storage

      How to Label Containers
                                          USEFUL TIP

                             Regulations other than OSHA (including the
                             Toxic Substances Control Act JTSCA] [See
                             Chapter 2] and the Resource Conservation and
                             Recovery Act [RCRA] [See Chapter 3]) also
                             contain detailed requirements for labeling
                             various types of hazardous product.
                             labeling requirements: labeling individual
                             areas.
Manufacturers
label
information.
What to put on
your labels for
your products.
A label on a container must include the item name and hazardous
properties associated with the contained material, such as "ignitable" or
"toxic." When a product is labeled by the manufacturer, it contains the
following information:

   •  The common name of the material
   •  The names of all hazardous chemicals contained in the product
   •  A list of all hazardous properties
   •  Symbols for the hazardous properties
   •  Coded information on specific risks and safety precautions
   •  The name and address of the manufacturer.

When hazardous products are stored in containers other than the ones
they came in, for instance, when you have put paint into a temporary
container to mix or thin it, the new container must also be labeled. But not
all the information printed by the manufacturer must be placed on this
temporary container. The label for the new container must include the
following:

   •  The name of the material
   •  A list of all hazardous properties
   •  The symbol for the hazardous property.

For example, a temporary container of ignitable paint would have the
following information:
                                         PAINT
                                      IGNITABLE
                                   The flame symbol
                                                                            6-9

-------
 Empower Your Cooperative  ^===^=^=^===m

Labeling       Labeling of individual containers, ranging from a pint-size can to 55-gallon
methods       drum to storage tanks holding thousands of gallons, can be accomplished
             in a variety of ways. A stencil and spray paint can be used to physically
             paint the label on the side of the container.  A permanent magic marker
             can be used to write on the side of the container, or a plastic coated paper
             label can be stuck to the container.  When selecting a labeling method,
             consider whether the container will be stored indoors, where it is protected
             from the weather, or whether it  will be stored outdoors.  If the container is
             stored outdoors, select a labeling method that can withstand the effects of
             rain, snow, and sun.  Containers that are stored outside should be
             checked periodically to ensure that the label is in place  and  legible.

       Labeling Empty Containers to  Be Reused

Be sure to      If an empty container is to be reused to store hazardous product, it must
2Jteliere8ed   first be re'labeled to ref|ect its new contents. Before any re-labeling is
             done, it must be empty, dry, and in good condition. Your state
             environmental office should be  contacted for instructions on whether and
             how to reuse containers.

Destroy old     If a container is to be reused, the old label must be removed or
reSsinqf°re     obliterated. This can be done by painting over a painted or inked label or
container.      bY physically removing the  plastic coated paper label before re-labeling
             the container.  To re-label containers, stencils and spray paint can be
             used  to physically paint the label or a permanent marker can be used to
             write on the container.

       How to Label Storage Areas

             Hazardous products storage areas also must have signs. Personnel not
             familiar with the work site should be  aware of the presence of hazardous
             products at the storage area. Each separate storage area must have a
             sign indicating what type of materials are stored in it These  signs must be
             large  enough to be read from 7.5 meters or 25 feet away. To prevent co-
             storage of incompatible materials, the storage areas must clearly indicate
            what goes where.

6.4   RESOURCES

6.4.1  References

            The following documents can help determine whether your facility must
            report to the TRI database.
6-10

-------
                                              Empower Your Cooperative
           EPA 1997. Addendum to the Guidance Document for Newly Added
           Industries. (Contains industry-specific guidance on TRI expansion).

           EPA 1997. EPCRA 311 Q&A Document: Helping to Define Who and
           What TRI Expansion Applies To. Available on the internet at
           www.EPA.gov\opptintr\TRI\addfinl.PDF.
6.4.2 Hotlines
           OSHA Hotline to answer questions about worker safety standards:
           (301)515-6796

           RCRA/CERCLA/EPCRA Hotline: (800) 424-9346
                                                                    6-11

-------

-------
                                   Empower Your Cooperative

               CHAPTER 7 - TABLE OF CONTENTS
 7.  HOW DO I COMPLY WITH SPILL AND CHEMICAL RELEASE
     REQUIREMENTS	7_1

     7.1  WHAT DO I DO IF THERE IS A SPILL OR RELEASE? .... 7-1
         7.1.1   Immediate Actions	          7-1
     7.2  OTHER NOTIFICATION/RESPONSE AND REPORTING
         REQUIREMENTS 	7-6
         7.2.1   EPCRA Notification and Emergency Preparedness
               Requirements 	7.7
         7.2.2   RCRA Requirements	'..'.'.'.'.'.'. 7-7
               RCRA Emergency Response Requirements	7-7
               RCRA UST Emergency Response Requirements ... 7-8
               Initial Notification Requirements 	7-8
         7.2.3   Clean Water Act/Oil Pollution Act Requirements	7-9
               Spill Prevention, Control, and Countermeasures
                    Provisions	7-10
               Oil Pollution Act Requirements 	7-11
               Spills to POTWs or Septic Systems	7-13
         7.2.4   TSCA PCB Spill Requirements	7-14
               TSCA Cleanup Requirements for Spills of Less
                    Than One Pound of PCBs or 270 Gallons of
                    Untested Mineral Oil	7-15
               PCB Spill Cleanup in a Restricted Area	7-15
               PCB Spill Cleanup at an Outdoor Substation 	7-16
               PCB Spill Cleanup in a Nonrestricted Area	7-16
        7.2.5   CAA Requirements	             7-1 Q
     7.3 SUMMARY OF REPORTS AND RECORDKEEPING
        REQUIREMENTS 	                7-18
     7.4 RESOURCES 	7-18


                       LIST OF FIGURES

Figure 7-1. Emergency Response Notification Information  	7-3


                       LIST OF TABLES

Table 7-1.  Major Federal Regulations that Address Notifications,
          Spill Response, and Emergency Preparedness  	7-6
Table 7-2.  Summary of Recordkeeping Requirements	7-18
                                                          7-i

-------

-------
      7. HOW DO I COMPLY WITH SPILL AND CHEMICAL
        	     RELEASE REQUIREMENTS
                                                      USEFUL TIP

                                           Your state and municipality may have
                                           requirements in addition to the Federal
                                           requirements that you must comply with.
                                           You should check with your state or
                                           municipal environmental agencies to
                                           determine these requirements.
            If you manage RGBs or
            equipment containing PCBs, or
            hazardous substances and/or
            wastes at your cooperative, the
            possibility exists that even if
            you practice the best
            management techniques you
            may have a spill or release.  In
            addition, there are emergency
            preparedness, emergency
            notification and recordkeeping  requirements in various regulations that
            you must comply with if you manage these types of materials. This
            chapter provides you with the Federal regulatory requirements for
            emergency preparedness and  responding to a release, including the
            notification and recordkeeping  requirements.  Other notifications and
            recordkeeping requirements for managing hazardous wastes and
            substances are provided in Chapter 3 (wastes) and Chapter 6
            (substances).

7.1    WHAT DO I DO IF THERE IS A SPILL OR RELEASE?
Regulations
governing
responses to
spills or
releases.
            The Emergency Planning and Community Right to Know Act (EPCRA) is
            the major regulation governing responses to spills or chemical releases.
            EPCRA emergency response and follow up requirements can be found at
            40 CFR 302 and 40 CFR 355.  Both the Comprehensive  Environmental
            Response Compensation and Liability Act (CERCLA) and the Resource
            Conservation and Recovery Act (RCRA) also have emergency response
            requirements. EPCRA and CERCLA emergency response requirements
            are presented in the following sections. Some RCRA requirements are
            the same as EPCRA
            requirements, and are covered	
            below. The remaining RCRA
            requirements are discussed in
            Section 7.2.
7.1.1  Immediate Actions
            If a spill or accident (e.g., fire,
            explosion, tank rupture, etc,)
            resulting in a spill or release
            occurs at your cooperative, in
            addition to responding to the
            spill or accident, you or your
           USEFUL TIP

If you have not already done so, your
cooperative should designate an
emergency coordinator to manage your
cooperative emergency response actions
in case of a spill or chemical release. If
you are a small quantity generator (see
Chapter 3), you are required under RCRA
to designate an emergency coordinator.
The emergency coordinator should
become familiar with the EPCRA
emergency response requirements.
                                                                         7-1

-------
Empower Your Cooperative
 When to
 notify
 Who to
 Notify
staff may be required, under EPCRA (Section 304, at 40 CFR 302), to
take swift action by providing immediate notification to emergency
response agencies.  You must immediately notify emergency response
agencies if either:

    •   The substance spilled is an "Extremely Hazardous Substance"
       and the amount equals or exceeds the specified Reportable
       Quantity listed in Appendices A and B of 40 CFR 355 (see
       Chapter 6).  You cooperative should be aware of whether any
       substances it stores or uses is extremely hazardous.

    •   The substance spilled is a "Hazardous Substance" listed in
       EPCRA Table 302.4 (found at 40 CFR 302.4) and the amount
       equals or exceeds the specified Reportable Quantities in that
       table. These are substances for which notification under
       CERCLA 102 and 103(a) also are required (see Chapter 6 for
       reporting requirements).

    •   The spill has entered the surface or groundwater (this will include
       storm sewers and drains that discharge to water.

If any of these criteria apply to your spill or release (or you think they
apply), you must make the following notifications:

    •   Local Emergency Planning Committee (LEPC).
    •   State Emergency Planning Commission (SERC).
    •   National Response Center (NRC).
             Figure 7-1 is a form that you
             can complete with the
             appropriate emergency
             notification numbers, and
             place near telephones in
             your cooperative. Figure
             7-2 is a form that you can
             complete and place in areas
             where hazardous materials
             (wastes and products) are
             stored or managed.
                                  USEFUL TIP - SPILLS DURING OR
                                ASSOCIATED WITH TRANSPORTATION

                              If a spill occurs with respect to transportation or
                              storage incident to transportation, it is
                              acceptable to notify the authorities by dialing
                              911, or calling the operator in the absence of
                              an emergency telephone number.
 7-2

-------
                           Empower Your Cooperative
            IN THE EVENT OF A SPILL,
            ^IMMEDIATELY NOTIFY'B'

        National Emergency Response Center:

          _ 1-800-424-8802 _

       State Emergency Response Commission:
                                Fill in
        Local Emergency Planning Committee:
                                Fill In
            IF SPILL OCCURS DURING
         TRANSPORTATION - DIAL 911 OR
        OPERATOR IF 911 NOT AVAILABLE
         Figure 7-1. Emergency Response
             Notification Information
      EMERGENCY RESPONSE INFORMATION

Emergency Coordinator
Name:	•

Telephone:	

Fire Extinguisher
Location (s):	

Spill Control Materials
Location(s):	

Fire Alarm (if present)
Location (s):	

Fire Department
Telephone:	

National Response Center
Telephone:	
 Figure 7-2. Emergency Response Information Form
                                                  7-3

-------
Empower Your Cooperative
 When you
 do not have
 to notify.
 Report as
 soon as you
 can.
 Information
 to Provide
Notification is not required for the following circumstances:

   •  Federally permitted discharges under CERCLA 101 (10),

   •  Releases which would result in exposure only to persons-at your
      cooperative but have not resulted in a release to the surface water
      or groundwater,

   •  Releases from a facility that produces, uses, or stores no
      hazardous materials,

   •  Releases of a pesticide applied in accordance with Federal
      Insecticide, Fungicide, and Rodenticide Act registration and
      labeling requirements (see Chapter 11),

   •  Continuous releases as defined under Sections 103(f) of CERCLA.
      However, 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 you do not.

The function of the emergency agencies listed above will be to coordinate
response activity to your spill or accident, and prevent harmful effects to
the public and community at large. These agencies also may provide
instructions to you regarding appropriate response procedures.

It is important to report any reportable spill as soon as practical.  In
making the notifications, the person making the report (see box) should
spend a few moments to gather information to provide in the initial
notification.  To the extent possible, the following information should be
provided:

    •  Facility Name, and EPA Identification Number, if applicable.

    •  Date and time of accident.

   •  Type of accident (e.g., spill, fire, explosion, etc.)

   •  Chemical Name/Identity of material(s) released.

   •  Location of the chemical.

   •  Whether the material(s) is extremely hazardous (listed in 40 CFR
      355 appendix A and  B) or a hazardous substance (listed in 40 CFR
      302.4).

   •  Estimate of the quantity of any material that was released

   •  Time and duration of the release
7-4

-------
^^s^=^^^^^^=^^=^^^^=^^^^=   Empower Your Cooperative

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

                •  Any known or anticipated acute or chronic health risks associated
                   with the emergency

                •  Advice regarding medical attention necessary for exposed
                   individuals

                •  Proper precautions to take as a result of the release, including
                   evacuation

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


             According to EPCRA, the initial notification is required "immediately" upon
             discovering a spill. The term "immediately" is not further defined. 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.

 7.1.2 Follow-up Actions for a Spill or Release
  Follow-up
  Notification
  What to
  include in
  notification.
After the initial communication is established with the appropriate
agencies, your cooperative's designated emergency coordinator will be
the primary contact and person in charge of containment and cleanup
procedures. Following the initial notification, the emergency coordinator
must provide written follow-up emergency notice or notices, as more
information becomes available. Follow-up notification (s) should be
provided as soon as practicable, usually within 24 hours.  The written
notice(s) must update information provided in the initial notification and
must also describe:

   •  Actions taken to respond to and contain the release

   •  Any known or anticipated acute or chronic health risks associated
      with the release

   •  Where appropriate, advice regarding medical attention necessary
      for exposed individuals.
             Your State also may have
             requirements for notifications,
             and emergency response
             actions (see box).
                                           USEFUL TIP
                                To identify the appropriate State agencies,
                                call the EPCRA Hotline at 1-800-424-9346
                                or 703-412-9810.
                                                                            7-5

-------
Empower Your Cooperative
7.2   OTHER NOTIFICATION/RESPONSE AND REPORTING
      REQUIREMENTS
 Other
 regulations
 also have
 require-
 ments.
EPCRA is the primary
legislation that governs spill
response, notification, and
emergency preparedness
activities at your cooperative.
However, several other
environmental regulations also
contain similar requirements
that may apply to your facility.
Table 7-1 lists these other
regulations The most relevant
regulations to rural electric
cooperatives are discussed in
more detail in this section.
  USEFUL TIP - PREPARING FOR AND
    EMERGENCY SPILL/RELEASE

The most important steps that you can take
now to prepare for an emergency spill or
release is to plan and train ahead of time.
Read this section, become knowledgeable
in the notification, response, and reporting
requirements and make sure that your staff
knows  what to do in the event of an
emergency. Assess whether you have the
capability to appropriately respond and
clean up a spill and if you don't, then
consider retaining a spill response
specialist.
              Table 7-1. Major Federal Regulations that Address Notifications,
                       Spill Response, and Emergency Preparedness
Subject
Federal Response to Oil Spills,
Liability, Notification, SPCC
Plans, Reportable Quantities
Risk Management Plans
List of Hazardous
Substances/Notification
Hazardous Waste List,
Labeling/Marking, Disposal and
Storage of Spill Cleanup
Materials
PCB Spill Cleanup
Notification of discharge of
hazardous waste to POTW
Spill Notification, Emergency
Planning and Preparedness
Law
Clean Water Act
amended by Oil
Pollution Act
Clean Air Act 11 2(r)
CERCLA102,
103/SARA313
RCRA Part 261,
262, 264, and 265
Toxic Substances
Control Act
CWA/RCRA
EPCRA
Reference to Regulation
40 CFR 110 through 117
40 CFR 68
U.S.C. §125, 40 CFR 302.4
and 372.6
40 CFR 261 , 262, 264, and
265
40 CFR 761 .120, etseq.
40CFR401.12(p)
40 CFR 355 and 302
7-6

-------
                                                Empower Your Cooperative

7.2.1 EPCRA Notification and Emergency Preparedness Requirements

            As mentioned in Section 7.1, when a spill is discovered, EPCRA requires
            immediate and follow-up notification. In addition to notification
            requirements, EPCRA addresses protection of the community through
            establishment of agencies (the LEPC and SERC) to coordinate spill
            response in the event of  an emergency (see Section 7.1). To provide
            these agencies with information necessary to carry out their function,
            Sections 311-312 of EPCRA require information on chemicals be
            submitted to LEPCs, SERCs, and the fire department.  Compliance with
            EPCRA Sections 311-312 is discussed in Chapter 6.

7.2.2 RCRA Requirements
RCRA waste
generators
have
emergency
preparedness
requirements
to comply
with.
RCRA has both emergency preparedness requirements and emergency
response requirements. The emergency preparedness requirements
mandate that facilities plan their response to spills or releases of
hazardous wastes.  The emergency requirements are procedures facilities
must follow in the event of a spill or release. Note that RCRA Subtitle I
contains emergency response requirements for leaking underground
storage tanks (USTs).  Emergency preparedness requirements are
detailed in Chapter 3 (Section 3.3.4), and emergency response
requirements are discussed below.

The RCRA emergency preparedness requirements apply to cooperatives
that are  classified as large or small quantity hazardous waste generators.
Conditionally exempt small quantity generators (CESQGs) are  exempt
from these requirements (see Chapter 3, Section 3.2.1 for information on
determining generator status). However, it is recommended that CESQGs
also comply with the RCRA emergency preparedness requirements.
      RCRA Emergency Response Requirements
 Hazardous
 waste
 release
 require-
 ments.
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
           USEFUL TIP

Under RCRA, materials used in cleanup
operations following a hazardous material
or oil spill are considered hazardous
wastes or PCB wastes if the spill contained
PCBs. These cleanup materials are
considered part of your total monthly
accumulation and may affect your
generator status (see Chapter 3, Section
3.2.1 for information on determining
generator status).
                                                                         7-7

-------
Empower Your Cooperative
                  the extent possible, and as soon as is possible, clean up the
                  hazardous waste and any contaminated materials or soil.
               •   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
                  7.1.

      RCRA UST Emergency Response Requirements

UST releases:  RCRA also includes emergency response requirements for leaking USTs
when to notify.  (jn 40 QPR 280.53). These requirements include notification, response,
            and  cleanup procedures.

      Initial Notification Requirements

            If your cooperative has USTs that contain hazardous substances or
            hazardous wastes,  and you identify any of the following conditions
            associated with your UST(s), you must make a 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 Chapter 5) 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).

 UST releases:   Your report must be made within 24 hours to the State UST permitting
 who to notify.   agency or the EPA Region, whichever currently administers the UST
             program for your facility (see Chapter 5 for more  details).

             In addition to the notification requirements, RCRA (40 CFR 280) requires
             that you immediately contain  and clean up a release from an UST that
             contains:

               •  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.
 7-8

-------
  Reporting:
  UST
  abatement.
 Notifying:
 State
 require-
 ments.
                                      Empower Your Cooperative

    •   A CERCLA hazardous substance (listed at 40 CFR 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.  Within 20 days the owner/operator must
 submit a report summarizing initial abatement measures including:

    •   Removal of the regulated substance from the UST;

    •   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) are also required. These are discussed in
 Chapter 5, and can be found in 40 CFR 280.63 through 280.66,
 respectively.

 Many States have UST permitting programs which have notification
 requirements.  You should contact the appropriate implementing agency
 (State or EPA  region) for your cooperative for additional requirements that
 may apply.  Chapter 5 provides a list of State implementing agencies for
 USTs.
7.2.3 Clean Water Act/Oil Pollution Act Requirements
 Oil Spills:
 When to
 notify
The Clean Water Act (CWA) contains notification requirements that apply
to spills of oil and hazardous substances. In the case of a spill of oil,
either at your facility or from facility equipment, that enters a "water of the
U.S.," you are required to notify the National Response Center (see
Section 7.1) as soon as you have knowledge of the following conditions:

   •  The discharge may cause a violation of a water quality standard;
                                                                           7-9

-------
Empower Your Cooperative
               •   The discharge causes a film, sheen, or discoloration of the surface
                  of the water, or a sludge or emulsion beneath the surface or upon
                  an adjoining shoreline.

 Hazardous    ln tne case of a spill of a hazardous substance released over a 24 hour
 substance    period at your facility or from facility equipment, and the released material
 spill: When   enters a "water of the U.S." in a quantity equal to or exceeding the
 to notify      ^portable quantity in CERCLA Section 102 (in 40 CFR 302.4), you  must
            notify the National Response Center (40 CFR 117.21). Note that "waters
            of the U.S." is a wide-encompassing definition which includes wetlands.
            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 Publicly Owned Treatment
            Works (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.

      Spill Prevention, Control, and Countermeasures Provisions

            The Clean Water Act also contains Spill Prevention, Control, and
  io QIO atl   Countermeasures (SPCC) provisions that may be applicable to your
 spec plan.   cooperative if you store oil onsite.  Although there are certain exceptions
            contained in 40 CFR 112, the criteria for when an SPCC plan is required
            are as follows:

               •  You have more than 660 gallons of oil in a single above ground
                  tank

               •  You have more than 1,320 gallons in a number of above ground
                  tanks

               •  You have more than 42,000 gallons in  underground tanks.
                                               U.S. EPA Region 7 has developed a
                                               manual on preparing SPCC plans.
                                               See Section 7.4 for the reference.
The purpose of the SPCC
requirement is to ensure that
adequate measures are taken to
prevent releases of oil or
hazardous substances.
Guidelines for information to be
addressed in SPCC plans is
specified in 40 CFR 112.7.  Because SPCC plans include numerous,
facility specific details, one should consult 40 CFR 112.7(e) for more
information. In general, the plan should:
 7-10

-------
 SPCC Plan
 Require-
 ments.
                                             Empower Your Cooperative

             Address corrective actions for previous spills. If there is
             reasonable potential for spills, include a prediction of the direction,
             rate, flow, and quantity of oil or hazardous substance which would
             result from a spill.

         •   Address provisions for secondary containment and/or diversionary
             structures or equipment (e.g., dikes, weirs, curbing) that prevent oil
             from reaching navigable waters.

         •   If applicable, include a demonstration of why installation of
             equipment (as described above) is impractical. Impracticability
             pertains primarily to those cases where severe space limitation or
             other physical constraints may preclude installation of structures or
             equipment to prevent oil from reaching navigable water.

         •   Include a discussion of how your cooperative is in compliance with
             any applicable state regulations regarding spill control measures
             and specific techniques listed in 40 CFR 112.7(e).

      Your SPCC plan must be reviewed once every three years. The plan must
      be modified within six months if a "significant change" occurs at your
      cooperative. Review and appropriate modification is also required if new
      field-proven technology has been developed that will significantly reduce
      the likelihood of a spill at your cooperative. The plan must be  reviewed
      and approved by a registered Professional Engineer. You should consult
      40 CFR 112 for more detail on the SPCG plan requirements.

Oil Pollution Act Requirements
OPA
Facility
Response
Plans
Factors
EPA uses
in selecting
substantial
harm
facilities.
      The Oil Pollution Act (OPA) amends the CWA to include requirements for
      facility response plans. Facility response plans are required for all
      facilities that could cause "substantial harm" to the environment. The
      determination as to whether a facility could cause substantial harm to the
      environment may be made through two methods:

         •  Through a self-selection process (EPA has established criteria
            located in 40 CFR 112, Appendix C, to assist facilities in making
            the determination).

         •  By a determination of the EPA Regional Administrator.

      In determining whether a facility qualifies as a "substantial harm facility,"
      EPA considers factors similar to the self selection factors, and also
      considers the type of transfer operations at a facility, the facility's oil
      storage capacity, lack of secondary containment, proximity to
                                                                           7-11

-------
Empower Your Cooperative
 Facility
 response
 plan
 preparation
 time frame.
 Contents of
 facility
 response
 plans.
environmentally sensitive areas, or drinking-water intakes, and/or the
facility's spill history. These factors and how they are applied are spelled
out in a flow chart located in Appendix C of 40 CFR 112 ("Flow Chart of
Criteria for Substantial Harm").

The EPA Regional Administrator will notify the facility if EPA determines
that the facility poses a threat of "substantial harm." The facility response
plans should be submitted to the EPA Regional Administrator.  Upon
request, a copy of the facility response plan should also be provided to the
LEPC.

The time-frame in which the response plan must be submitted will vary
depending on your status of operation and whether you have made a self
determination or EPA has made the determination. The following provide
the time-frame for submittal or Facility Response Plans:

    •   If EPA notifies your cooperative that you are required to submit a
       facility response plan, you have six months to prepare and submit
       it.

    •   If your cooperative is newly constructed, you are required to submit
       the facility response plan prior to the start of operations and then
       after 60 days, make adjustments to reflect changes that occur
       during the startup phase.

    •   If your cooperative 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
       the facility response plan prior to the start of operations of the
       portion of your cooperative undergoing the changes.

    •   If your cooperative falls under the "substantial harm facility"
       designation because of an unplanned event or change in
       characteristics, then you have within six months of the
       unplanned event to submit your facility response plan.

 The contents of the plan should follow the format of the "model facility
 specific response plan"  included in 40 CFR 112.20 Appendix F. In
 addition, you must coordinate your plan with the LEPC. If you have
 prepared an equivalent  response plan to meet other State or Federal
 requirements then you must ensure that it contains equivalent elements of
 the facility response plans.  In addition, you must provide a cross-
 reference section demonstrating such equivalency.  All facility response
 plans must be consistent with the National Oil and Hazardous Substances
 Contingency Plan and the Area Contingency Plan covering your location.
 7-12

-------
                                               Empower Your Cooperative

           For more information on facility response plans, see 40 CFR 112.7(h) or
           contact your SERC.

     Spills to POTWs or Septic Systems
Spills to
POTWs
Septic
System
Discharges
 If a hazardous waste is spilled from your cooperative into wastewater (or
 a sewer system) that discharges to a POTW, you are subject to both
 RCRA (if a hazardous waste is spilled) and CWA Pretreatment
 regulations and  must make the following notifications:

   •  The POTW
   •  The EPA Regional Waste Management Division Director
   •  Your State hazardous waste authority

The hazardous waste sewer discharge notification must be in writing, and
must include:

   •  The name of the hazardous waste

   •  The EPA  hazardous waste number (from the RCRA lists (see
      Chapter 3))

   •  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 POTW, then you must also include the
following in the notification:

   •  The hazardous constituents in the waste.

   •  An estimate of how much (mass and concentration) hazardous
      waste  was discharged to the POTW during the month.

   •  An estimate of how much hazardous waste you will discharge in
      the next 12 months.

If the discharge is to a septic  system, you must immediately notify the
EPA Regional Underground Injection Well Program and the State
Underground Injection Program.
                                                                      7-13

-------
Empower Your Cooperative
7.2.4 TSCA PCB Spill Requirements

            The Toxic Substances Control Act (TSCA) regulations contain specific
            procedures for cleaning up spills of polychlorinated biphenyls (PCBs).
            The procedures are applicable to all spills of PCBs at concentrations of 50
            ppm or greater. In addition to the notification criteria and procedures
            listed in Section 7.1, you must notify the Pesticides and Toxic Substances
            Branch of your Regional EPA Office of Prevention, if the following
            conditions exist:
 PCB spills:
 notification.
 PCB spills:
 cleanup
 require-
 ments.
  PCB spills:
  documenta-
  tion.
   •  The spill is to surface water, sewers, or drinking water supplies.

   •  The spill directly contaminates grazing lands or vegetable gardens.

   •  The spill exceeds 10 Ib. of PCBs by weight (CWA requires
      reporting a spill of PCBs of 1 Ib. or more to the National Response
      Center.

If a spill contains PCBs but the above criteria are riot met, you still must
follow the EPCRA notification requirements in Section 7.1, and TSCA
cleanup procedures discussed below.  However, EPA TSCA notification is
not required.

Upon contacting the EPA, you will receive guidance for appropriate
cleanup measures and should begin cleanup as soon as possible, but no
later than 24 hours after discovery. The cleanup procedures for PCB
spills are contained in 40 CFR 761 and are summarized below .

The general requirements are to:  restrict access to the site, assess the
amount of PCBs spilled,  clean solid surfaces (typically by swabbing with
solvents),  remove earthen material (e.g., topsoil, gravel, oyster shells),
and replace with clean material.  Following cleanup, perform a PCB wipe
test on non-porous surfaces (e.g., sealed concrete) and sample porous
surfaces (e.g., soil). The wipe test is a standardized test method for non-
porous surfaces to determine the  residual PCB concentration following
cleanup.  The level of cleanup required will depend on the nature of the
spill (i.e., the quantity and concentration of PCBs), the material onto which
it is spilled, and the location  and accessibility. Cleanup procedures and
post-cleanup sampling methods are described in more detail in 40 CFR
761.125 (b) and (c) and 761.130 and also in "Pocket Field Manual for
EPA PCB Spill Cleanup," available from your EPA Region.

You must document all spills and maintain records on cleanup, sampling
procedures, and analytical results for the samples.  Information on these
7-14

-------
                                          Empower Your Cooperative
      requirements may be obtained from the EPA Region or may be found in
      40 CFR 761.130 and 40 CFR 761.125(c)(5), respectively. In addition,
      special regulations for the disposal of wastes containing PCBs under
      TSCA may be found in 40 CFR 761.

TSCA Cleanup Requirements for Spills of Less Than One Pound
of PCBs or 270 Gallons of Untested Mineral Oil

      If the spill involves 1 pound or more of PCBs, or greater than 270 gallons
      of untested mineral oil, then cleanup procedures are as follows:

        •  Cordon off the visible spill area plus a 3-foot buffer. Place signs
            advising personnel to avoid the area. This will minimize the spread
            of contamination as well as the potential for human exposure.

        •  If there are no visible traces, estimate the spill area based on the
            amount of material missing from the equipment or container and
            immediately cordon off the area of suspected contamination.
            Record the fact that there are no visible traces and notify the EPA
            for guidance on statistical sampling to establish spill boundaries.

        •  Initiate cleanup on hard surfaces and removal of soil and other
            media (sand, gravel, oyster shells, etc.).

        •  Perform actions 1 to 4 within 24 hours (within 48 hours for
            transformers).  Complete cleanup as soon as possible.

PCB Spill Cleanup in a Restricted Area

      The following are cleanup procedures for PCB spills in a restricted area:

        •  Clean high-contact solid surfaces (defined in 40 CFR 761.163) to
            10 ug/100 cm2, as measured using a standard wipe test.

        •  Clean low-contact, indoor, impervious solid surfaces to 10 ug/100
            cm2 Non-impervious surfaces may be cleaned to 100 ug/100 .
            provided they are encapsulated and the EPA Regional
            Administrator approves.

        •  Clean Low contact, outdoor surfaces (impervious or
            nonimpervious) to 100  ug/100 cm2.

        •  Clean contaminated soil to 25 ppm PCBs by weight.
                                                                  7-15

-------
Empower Your Cooperative
      PCS Spill Cleanup at an Outdoor Substation

            If the spill occurs in an outdoor electrical substation, then you must
            perform the following cleanup procedures:

               •   Clean solid surface to a PCB concentration of 100 ug/100 cm2, as
                  measured using standard wipe tests.

               •   Clean soil to one of the following specifications:

                  •  25 ppm PCBs by weight; or

                  •  50 ppm PCBs by weight and place a highly visible label or
                     notice in the area.

                  •  If cleanup to 25 or 50 ppm will jeopardize the integrity of the
                     electrical equipment, the EPA regional office may establish an
                     alternative cleanup method or level and establish a cleanup
                     schedule.

      PCB Spill Cleanup in a Nonrestricted Area

               •   Dispose of easily replaceable household items.

               •   Clean indoor solid surfaces and high-contact outdoor solid surfaces
                  to 10 ug/100 square cm, as measured by standard wipe tests.

               •   Decontaminate indoor vault areas and low-contact, outdoor,
                  nonimpervious solid surfaces to 10 ug/100 square cm or to 100 ug/
                  100 cm2 and encapsulate (subject to the discretion of EPA
                  Regional Administrator).

               •   Clean soil to 10 ppm PCBs by weight, provided that the soil is
                  excavated to a minimum depth of 10 inches. Replace excavated
                  soil with clean soil, and replace the turf.

7.2.5 CAA Requirements

 Accidental    The Clean Air Act (CAA) Amendments include regulations concerning
 releases to    accidental releases of hazardous substances to the air.  EPA has
 air-         established a list of 100 extremely hazardous air pollutants that fall  under
            these CAA regulations (the regulations are discussed in Chapter 10).
            These substances were published in the Federal Register on January 31,
            1994 and finalized on April 15, 1996.  If your facility possesses one  or
7-16

-------
                                               Empower Your Cooperative
           more of these extremely hazardous air pollutants above a threshold
           quantity, you were required to have developed a Risk Management Plan
           (BMP) by 1996.  An example of a substance on the list is chlorine, which
           has a threshold quantity of 2,500 Ibs.

           Your risk management plan must include the following:

Contents of       '   Documentation of process safety information
an BMP
              •   Process hazard analysis of the off-site impact of an accident;

              •   Documentation of operating procedures;

              •   Training program;

              •   Pre-startup reviews;

              •   Maintenance program;

              •   Management of Change Program;

              •   Accident investigation;

              •   Emergency response program;

              •   Safety audits;

              •   Submittal  of BMP to EPA, State and local emergency planning
                 committees; and available for public review;

              •   Registration with the Chemical Safety and  Hazard Investigation
                 Board; and

              •   A hazard assessment of a worst-case scenario.

           An BMP is similar to the OSHA standard 1910.119 - the chemical process
           safety management program for highly hazardous chemicals - that
           became effective in May 1992. The difference in  the programs is the
           focus. The OSHA regulation is concerned with worker safety, while the
           GAA regulation is concerned with the safety of the environment and
           community.  In combination with the EPCRA Toxics Belease Inventory
           (TBI) information provided on EPCBA Form B (See Chapter 6), both
           programs provide the community with knowledge  of chemicals present at
           your facility.
                                                                       7-17

-------
Empower Your Cooperative

7.3
SUMMARY OF REPORTS AND RECORDKEEPING
REQUIREMENTS

      Each of the Acts and regulations discussed previously have some
      recordkeeping requirements associated with written follow-up notification,
      reports of spills, emergency preparedness, or cleanup. To simplify the
      recordkeeping requirements, Table 7-2 lists the forms, reports, and
      records required under each Act. These requirements are in addition to
      emergency notifications.

            Table 7-2. Summary of Recordkeeping Requirements
Act
CAA
EPCRA
RCRA
OPA
CWA
TSCA
Recordkeeping Requirements
Risk Management Plan
Written Follow-up emergency notice(s)
after a spill
UST Release Detection Recordkeeping
Facility Response Plans
SPCC Plan
Records of spills, cleanup actions,
sampling results, and Certification of
Decontamination
Reference to
Information/Form
See CAA Sec. 112(r)
40 CFR 355.4
40 CFR 280.45
40 CFR 11 2.20
40 CFR 112
40CFR761.125(b)(3), (c)(5)
7.4  RESOURCES
           Your State SERC and RCRA permitting agency should be the primary
           resources for questions regarding emergency spill response and
           preparedness. The EPA EPCRA hotline can answer many questions on
           the Federal Regulations and can refer you to the appropriate state agency
           for State concerns. The following EPA Hotlines are available during EST
           business hours to answer questions.

              •  U.S. EPA RCRA, Superfund, & EPCRA Hotline:  1-800-424-9346
                 or (703) 412-9810

              •  U.S. EPA TSCA Hotline, (202) 554-1404

              •  U.S. EPA Oil Spill Program Information Line, 1-800-424-9346

              •  U.S. EPA Air Risk Information Support Center, (919) 541 -0888
7-18

-------
^=^^^^^^^=^^=^=^=  Empower Your Cooperative
 In addition, the following Web sites may provide useful information.
Name
Internet Law Library:
Code of Federal
Regulations
Questions and
Answers Part II
for...EPCRA Sections
301-312
EPA Home Page
National Environmental
Compliance Assistance
Center
Address
law.house.gov/cfr.html
http://es.inel.gov/program/exe
c/qa-tri2.html
http://www.epa.gov/epahome/
www. hazmat.frcc.cccoes.edu
Information
CFR Regulations
EPCRA reporting
requirements
Starting point for a wide
range of information on
Environmental
Regulations.
Compliance
                                                       7-19

-------

-------
                                   Empower Your Cooperative
               CHAPTER 8 - TABLE OF CONTENTS
 8. HOW DO I COMPLY WITH WASTEWATER AND STORM
   WATER DISCHARGE REGULATIONS? 	8-1

   8.1   DIRECT DISCHARGES TO SURFACE WATERS 	8-2
        8.1.1  What Are NPDES Permits and Their Requirements  . 8-2
              Discharge Limits 	8-3
              Monitoring	8-3
              Reporting	8-3
              Recordkeeping	8-4
        8.1.2  How to Obtain a NPDES Permit if You Are a Direct
              Discharger	8-5
        8.1.3  Storm Water Discharges	8-5
        8.1.4  What Do I Do as a Storm Water Discharger to Be in
              Compliance?	8-6
              Storm Water Pollution Prevention Plans .	8-9
              Implementing Storm Water Best Management
                 Practices	8-10
   8.2   HOW DO I MANAGE INDIRECT DISCHARGES?  	8-12
        8.2.1  Pretreatment Requirements	8-13
              Significant Industrial Users Criteria	8-15
        8.2.2  How to Comply if You Are an Indirect Discharger .. 8-15
   8.3   SAFE DRINKING WATER ACT (SOWA) UNDERGROUND
        INJECTION CONTROL (UIC) PROGRAM  	8-17
        8.3.1  More About Class V Wells	8-17
              How to Comply if You Discharge to a Class V Well. 8-18
   8.4   RESOURCES	8-18
        8.4.1  References	8-18
        8.4.2  Internet Resources  	8-19
        8.4.3  Hotlines  	8-19
        8.4.4  State and Territory NPDES Program Status 	8-20


                       LIST OF TABLES

Table 8-1.  Reporting Requirements to the Permitting Authority .... 8-4
Table 8-2.  Comparison of General Permits	8-8
Table 8-3.  Mandatory BMPs to Include in Your SWPPP	8-11
Table 8-4.  Time Frame for Notification Requirements .	8-14
                                                          8-i

-------

-------
  8.  HOW DO I COMPLY WITH WASTEWATER AND STORM
              WATER DISCHARGE REGULATIONS?
            Depending on the activities at your cooperative, you may generate
            wastewater and/or storm water that contains pollutants. In addition,
            recently, some cooperatives have begun handling wastewater and/or
            storm water from one or many other facilities adjacent to the cooperative
            along with their own. This chapter explains your cooperative's
            responsibilities for complying with the Federal regulations for discharging
            any wastewater/storm water you generate, as well as any that you accept
            from others, whether the discharge is to a surface water body, a sanitary
            sewer, a storm sewer, or a septic system.
Discharge of
wastewater is
covered by
either the
Clean Water
Act (CWA) or
Safe Drinking
Water Act
(SDWA).
Federal
regulations
focus on four
types of
industrial
discharges.
Discharge of wastewater will generally be covered by either the Clean
Water Act or the Safe Drinking Water Act (SDWA). In  1972, Congress
passed the Federal Water Pollution Control Act, now known as the Clean
Water Act (CWA), which established the basic framework for protecting
the waters of the United States. The Clean Water Act  and its regulations
focus on keeping toxic and conventional water pollutants out of our rivers,
lakes, and oceans. Since industrial facilities are one of the primary
sources of such water pollutants, EPA has taken steps to regulate these
facilities. The Safe Drinking Water Act mandates that the EPA establish
regulations to protect human health from contaminants in drinking water.

Generally, Federal regulations focus on four types of industrial
discharges:

    1.   Direct discharges which include any wastewater from an industrial
        facility that is discharged straight to surface waters (e.g., ponds,
        lakes, oceans, streams, and wetlands). Storm water discharges
        are considered one type of direct discharge (40 CFR 122).

    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 surface water
        (40 CFR 403).

    3.   Underground discharges of wastewater, such as underground
        injections into Class V wells (including septic systems). These
        discharges are regulated under Safe Drinking  Water regulations
        (40 CFR 144-148).

    4.   Land application of industrial wastewater discharges.  Land
        application includes any wastewater from an industrial facility that
        is discharged to land or crops (40 CFR 401).
                                                                           8-1

-------
 Empower Your Cooperative
             These four types of discharges are discussed in the following sections.

 8.1     DIRECT DISCHARGES TO SURFACE WATERS

             The CWA regulates direct discharges. The National Pollutant Discharge
             Elimination System (NPDES) program (found in CWA §402) controls
             direct discharges into surface waters of the United States by issuing
             permits for those discharges. NPDES permits can be issued by either
             EPA or an authorized State.  Refer to Section 8.4.4 for a list of authorized
             States.

 8.1.1   What Are NPDES Permits and Their Requirements
Your facility
must obtain a
NPDES permit
prior to
discharging
wastewater.
  States with NPDES Permit Authority

As of March 1998, EPA has authorized 43
States and Territories to administer the
NPDES program.  Of the delegated 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, RECs
must apply for permits directly from EPA,
rather than from the State authority. EPA
has not delegated authority to the following
States and Territories:
NPDES permits may contain
industry-specific, technology-
based and/or water quality-
based limits for discharges of
pollutants, and establish
pollutant monitoring
requirements for any facility
that discharges directly into the
surface waters of the United
States.  NPDES permits also
contain recordkeeping,
reporting, and possibly site-
specific requirements. A
facility that intends to
discharge into the waters of the
United States must obtain a
NPDES permit prior to initiating
its discharge.  However, the
following discharges (according
to40CFR122.3)cto/?of
require NPDES permits:

    •   Discharges of dredged or fill material into waters of the United
       States (these discharges are regulated under CWA Section 404
       permits);

    •   Introduction of sewage, industrial wastes or other pollutants into
       POTWs by indirect discharges (may require a permit from the
       POTW);
                                              Alaska
                                              Arizona
                                              District of Columbia
                                              Idaho
                                              Maine
                  Massachusetts
                  New Hampshire
                  New Mexico
                  Puerto Rico
                  Texas
 8-2

-------
                                             Empower Your Cooperative
          •   Introduction of pollutants from nonpoint source agricultural and
             silvicultural (e.g., forestry) activities, including storm water runoff
             from orchards, cultivated crops, pastures.

Discharge Limits

      A NPDES permit sets limits, often referred to as "effluent limits," on the
      amounts of pollutants that can be discharged to surface waters. There
      are no industry-specific, technology-based limits for RECs. However, your
      permit may contain discharge limits that are based on Federal or State
      water quality criteria or standards that were designed to protect
      designated uses of surface waters, such as supporting aquatic life or
      recreation. These standards, unlike industry-specific technology-based
      standards, generally do  not take into account technological feasibility or
      costs. Rather, they are  based on levels necessary to protect human
      health and ecology. Water quality criteria and standards vary from State
      to State, and location to location, depending on the use classification of
      the receiving body of water.

Monitoring
      NPDES permits require a
      facility to routinely conduct
      monitoring of their discharges
      and submit reports of the
      monitoring results to the
      permitting authority (state or
      EPA). Your permit will specify
      the monitoring schedule.  Such
      requirements are determined
      on a facility-specific basis. As
      part of your monitoring
      requirements, you also should
      establish sampling procedures
      that are accurate, reproducible, and assure quality control. Refer to 40
      CFR  136 for test procedures that are required for monitoring. See box for
      sampling assistance.
            USEFUL TIP

The EPA Methods Information
Communication Exchange (MICE) support
line (run by EPA's Office of Solid Waste)
will assist you in developing sampling
procedures that will assure EPA will accept
your sample results. This support line is
menu-driven, and you must leave a
message for a technical expert to return
your call. The telephone number for the
MICE line is (703) 821-4690.
 Reporting
       There are some reporting requirements that apply to all facilities.  Some of
       these reporting requirements are presented in Table 8-1.
                                                                        8-3

-------
 Empower Your Cooperative
                Table 8-1. Reporting Requirements to the Permitting Authority
Event
Any noncompliance with your permit that
may endanger health or the environment
Any planned physical alterations or
additions to your cooperative
Any planned changes in your discharge
that may result in noncompliance
Notify the permitting authority of the
transfer of the facility to a new owner
Reporting Time Frame
Within 24 hours of becoming aware of
violation; written submission within 5 days
As soon as possible
In advance of changes
As soon as possible
            Additionally, you must report monitoring results for wastewater and sludge
            analysis on a Discharge Monitoring Report (DMR). Separate forms may
            be provided or specified by the permitting authority for reporting results of
            the monitoring sludge use or disposal practices (40 CFR 122.41).

       Recordkeeping

            It is extremely important to keep accurate records of monitoring
            information. Records of monitoring information must include:

                •   The date, exact places, and time of sampling or measurements
                   and analyses;

                •   The individual(s) who performed the sampling or measurements
                   and analyses;

                •   The analytical techniques or methods used;

                •   The results of such analyses.

            Chain of custody forms are records used to track the custody of a sample
            from the time of collection to delivery to the analytical laboratory. This
            form records the sample name, date and time of collection, and the
            analyses to be performed. It must be signed by the individual receiving
            the samples) at the laboratory.  NPDES permits require that all records
            related to monitoring must be maintained at the facility for at least 3 years
            (40 CFR 122.41).
8-4

-------
                                                  Empower Your Cooperative
8.1.2  How to Obtain a NPDES Permit if You Are a Direct Discharger

            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 are usually limited to storm water discharges (see
            Section 8.1.3), typically are less complicated than individual permits and
            do not require as much information to apply for the permit or to
            demonstrate compliance with the permit conditions.
                                                         USEFUL TIP
                                               Once you receive your permit, read it
                                               carefully and make checklists of
                                               requirements. You must follow the
                                               monitoring and reporting activities
                                               specified in your permit.
            Contact your EPA or State
            regulatory agency to find out how
            to obtain a permit application and
            whether a general or individual
            permit is required. Complete the
            application as directed.  As part of
            the permit application, you will be
            required to analyze your industrial
            wastewater or storm water for
            conventional pollutants, such as biochemical oxygen demand (BOD),
            chemical  oxygen demand (COD), total organic carbon (TOC), total
            suspended solids (TSS), ammonia (as N), temperature and pH.  In
            addition, industrial sectors that are specified in the NPDES regulations are
            required to analyze for some or all of the 126 priority pollutants.  These
            priority pollutants consist of metal, inorganic, and organic pollutants that
            were established by EPA in 1976.  For a list of the 126 priority pollutants,
            see 40 CFR 423, Appendix A.

8.1.3  Storm Water Discharges

            In  1987, the CWA was amended to require EPA to establish a program to
            address storm water discharges. In response, EPA promulgated NPDES
            permit application regulations for storm water discharges associated with
            industrial activity. The term "storm water discharge associated with
            industrial activity" means the discharge from any conveyance which is
            used for collecting and conveying storm water and which is directly related
            to  manufacturing, processing or raw materials storage areas at an
            industrial plant.  Normally, storm water discharge permits are applied for
            separately from the wastewater discharges; however, in  the case of large
            industrial facilities, it is possible for NPDES to address both wastewater
            and storm water discharges. The purpose of the regulations is to reduce
            the amount of pollutants in storm water being discharged to surface
            waters.
                                                                            8-5

-------
 Empower Your Cooperative
 8.1.4
     You must apply for an NPDES permit if your facility discharges storm
     water associated with one of the following: (1) any industrial activity as
     defined in 40 CFR 122.26(8)14 (e.g., activities associated with steam
     electric power generating facilities, construction activities, etc.), (2) a large
     or medium-sized municipal storm sewer system, or (3) if EPA or the State
     determines that storm water discharges from your cooperative contribute
     to a violation of a water quality standard or significantly contribute
     pollutants to waters of the United States.  (For a list of activities exempt
     from obtaining a storm water NPDES permit, please see 40 CFR 122.26.)

What Do I Do as a Storm Water Discharger to Be in
Compliance?
Storm water
discharges
associated
with industrial
activity must
be covered by
a NPDES
permit.
     Storm water discharges
     associated with industrial
     activity 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. If
     your facility has not yet
     obtained an NPDES permit for
     your storm water discharges,
     then you have two options to
     comply. You can:
            DEFINITION

The term "storm water discharges
associated with industrial activity" includes,
but is not limited to, storm water discharges
from industrial plant yards, material
handling sites, refuse sites, and sites used
for the application or disposal of process
wastewater. Storm water discharges are
divided into 11 categories of industrial
facilities or activities, which are defined at
40 CFR 122.26.
                •   Submit an individual permit application; or

                •   Submit a Notice of Intent (NOI) to be covered under a baseline
                    general permit or a multi-sector general permit.

             Whether your facility applies for an individual permit or the general permit
             (baseline or multi-sector), you will be required to meet certain
             requirements.  These requirements include (1) developing and
             implementing a site-specific Storm Water Pollution Prevention Plan
             (SWPPP) which incorporates Best Management Practices; (2) monitoring;
             and (3) training.

             Individual Storm Water Permit Applications—If your 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, you must obtain
8-6

-------
                                       Empower Your Cooperative
and submit to the permitting authority an individual permit application
consisting of Form 1 (Application Form 1 - General Information:
Consolidated Permits Program) and Form 2F (Application for Permit to
Discharge Storm Water Discharges Associated with Industrial Activity)
from the permitting authority.  Form 2F requires a facility to submit a site
drainage map, a narrative description of the site identifying potential
pollutant sources, and quantitative testing data of pollutant  sources. You
are required to submit an individual permit application 180 days before
starting a new discharge.
                                             USEFUL TIP

                                 Note: If your State is the permitting
                                 authority, the State program must be at
                                 least as stringent as the Federal program.
                                 State programs vary greatly in scope and
                                 are not covered by this document. Contact
                                 your State permitting authority for
                                 assistance.
                              and applicable deadlines of the baseline
                              is presented in Table 8-2.
General Storm Water Permit
Applications - Baseline or
Multi-Sector—If EPA is the
permitting agency, your facility
may be permitted under one of
two types of general permits—
a baseline permit or a multi-
sector permit. Both permits
require the development of a
SWPPP and periodic
discharge monitoring. A
comparison of the requirements
and multi-sector general permits

Industrial storm water
dischargers that submit an NOI
to be covered by a general
permit are generally not
required to submit an individual
permit application. NOIs must
be submitted at least 2 days
prior to the commencement of
discharge.  NOIs must include certain elements, such as:

    •   SIC Code or identification of industrial activity;

    •   Name of receiving water(s), or if the discharge is through a
        municipal separate storm sewer, the name of the municipal
        operator of the storm sewer and the ultimate receiving water(s);

    •   Indication of whether the owner or operator has existing
        quantitative data describing the concentration of pollutants in
        storm water discharges;
                                             USEFUL TIP

                                 Most RECs will not qualify for a multi-
                                 sector general permit; however, RECs that
                                 are steam electric generating facilities
                                 would qualify for a multi-sector permit.
                                                                 8-7

-------
Empower Your Cooperative
                             Table 8-2. Comparison of General Permits
      Eligibility
      Application
      Deadline
      Storm
      Water
      Pollution
      Prevention
      Plan
      (SWPPP)
      Monitoring
      Expiration
                       Baseline General Permit
Prohibits coverage of facilities which
have an adverse impact on endangered
species.
Existing discharges must have submitted
Notice of Intent (NOI) by 10/1/92.

New discharges must submit NOI 2 days
prior to discharge.
Requires consideration of generic
pollution prevention measures and best
management practices.

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 3 years.
Monitoring is done for discharge
characterization.

Requires facilities subject to EPCRA
Section 313 reporting requirements for
water priority chemicals to monitor for
O&G, BOD, COD, TSS, TKN, TP, pH,
acute whole effluent toxicity, and any
Section 313 water priority chemical for
which the facility reports.

Does not require ongoing monitoring or
reporting, except for those facilities
subject to TRI reporting or otherwise
specifically required by EPA.

Facilities may be exempt from all
monitoring if they can certify that there
are no significant materials or industrial
activities exposed to storm water.

Visual monitoring not required.
Baseline permit expires in 1997.
                                           Multi-Sector General Permit
Prohibits coverage of facilities which have an
adverse impact on endangered species and
requires permittee to certify there will not be
an impact.
Existing permit holders and group applicants
must have submitted NOI by 3/29/96.

New discharges must submit NOI 2 days prior
to discharge.
Requires consideration of generic best
management practices and practices specific
to Rural Electric Cooperatives.

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.
Visual monitoring is designed to assess
effectiveness of the SWPPP and to provide
incentive to reduce pollution.

Monitoring is not required as a result of
reporting status under EPCRA.

Facilities may be exempt from monitoring on a
pollutant by pollutant basis if they can certify
that there are no sources of a pollutant
present.

Routine (at least quarterly) visual monitoring
to assess problems required.
Multi-Sector permit expires in 2000.
8-8

-------
                                                    Empower Your Cooperative

                 •   Certification that a storm water pollution prevention plan has been
                     prepared for the facility (for industrial activities that begin
                     operations after October 1,1992).

              EPA has finalized baseline general permits in those States without
              NPDES authorization. More recently, EPA finalized the multi-sector
              general permit which provides coverage for 20 specific industries in the
              States and Territories without NPDES authorization.

        Storm Water Pollution Prevention Plans
Storm water
permits require
implementation
of Storm Water
Pollution
Prevention Plans
(SWPPPs).
           Useful Tip

Storm water Pollution Prevention Plans
(SWPPP) are also known as Pollution
Prevention or P2 Plans.
If your facility is required to obtain
a storm water permit as discussed
in 8.1.4, you will be required to
prepare and implement a storm
water pollution prevention plan
(SWPPP). Each pollution
prevention (P2) 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 elements, such as a map, and site specific
information, such as:

    •   Facility size and location

    •   The environmental setting of each facility (e.g., water quality of
        receiving stream)

    •   Climate

    •   The volume and type of discharge generated

    •   Hydrogeology

    •   The predicted flow of storm water discharges.

Storm water pollution prevention plans must also address how your facility
will complete the following activities:

    •   Develop  a Pollution Prevention Team

    •   Develop  general and specific measures and controls to prevent or
        minimize pollution of storm water (articulated as Best
        Management Practices in your plan)
                                                                              8-9

-------
Empower Your Cooperative  \

               •   Test outfalls
               •   Train employees

               •   Conduct inspections and evaluations

               •   Conduct recordkeeping.

      Implementing Storm Water Best Management Practices

            SWPPPs require the implementation of Best Management Practices
            (BMPs), which are measures and controls used to prevent or minimize
            pollution. The most effective BMPs for reducing pollutants in the storm
            water discharges from your facility are exposure minimization 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.

            While exposure minimization can usually be accomplished by good
            housekeeping and covering up or bringing inside potential pollutants at a
            facility, some facilities may be required to develop additional structural
            controls to prevent contaminants from reaching storm sewers. Such
            controls may include cement pads, berms/dikes, covering storage areas
            and outfalls, installing screens or separators.  In a few instances, BMPs,
            such as detention ponds and filtering devices, may be necessary at your
            facility, depending on the type of discharge, types and concentrations of
            contaminants, and volume of flow.

            As part of implementing your SWPPP, 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. Your
            facility should also implement recordkeeping procedures that accurately
            document discharges and inspection and maintenance activities. For
            further information regarding recordkeeping requirements, please refer to
            Section 8.1.1. For further discussion of mandatory BMPs, refer to Table
            8-3.
8-10

-------
SWPPPs
require the
implementation
of Best
Management
Practices
(BMPs).
       ^=^^^^^^=^^^^=    Empower Your Cooperative

        Table 8-3. Mandatory BMPs to Include in Your SWPPP
    BMP
1
Activity
Good
housekeeping
                 Preventative
                 maintenance
                 Visual
                 inspections
                 Spill
                 prevention and
                 response
                 Sediment and
                 erosion control
                 Management
                 of runoff
                 Employee
                 training
   Maintaining a clean and orderly work environment, proper
   operation and maintenance of equipment, careful material storage
   and management practices, employee training about good
   housekeeping practices.
                 Each plan must include a preventative maintenance program for
                 storm water runoff management devices and equipment. It should
                 also include inspections of facility operations to detect faulty
                 equipment that could contribute to storm water contamination.
                 Regular visual inspections of the facility's equipment and areas are
                 required. Inspectors should maintain written records of their
                 inspections, including areas inspected, problems found, steps
                 taken to correct problems.  Records should be kept with the
                 SWPPP for at least 1  year.
                Areas where spills may occur and their likely drainage points
                should be identified in the SWPPP. Appropriate material handling,
                storage requirements, and cleanup procedures must also be
                described.
                The SWPPP must identify areas that have a "high potential for
                significant soil erosion" and identify measures to limit the potential
                erosion. Erosion potential can be reduced using a number of
                techniques, including soil stabilization methods and runoff
                diversion or flow velocity dissipation structures. Several erosion
                control methods are described in EPA guidance documents on
                preparing SWPPPs.
                The SWPPP must describe existing storm water controls and
                identify any additional measures that can be implemented to
                improve the prevention and control of contaminated storm water.
                Examples include: vegetative swales, reuse of collected storm
                water, infiltration trenches, and detention ponds.
                Permittees must develop employee training programs that cover
                such topics as spill prevention and response, good housekeeping
                practices, and proper material management. The goals of the
                training are to teach all employees, at all levels of the organization,
                the elements of the SWPPP, and to create an overall awareness of
                storm water pollution prevention concerns.
                                                                                        8-11

-------
Empower Your Cooperative
8.2    HOW DO I MANAGE INDIRECT DISCHARGES?
                                                        USEFUL TIP
                                                For a list of States with approved
                                                pretreatment programs, refer to
If you are an indirect discharger, your
facility discharges wastewater into a
sewer system that leads to a
municipal treatment plant, also known
as a publicly owned treatment works      section 8
(POTW). The POTW is typically
owned by the local government or a
regional treatment plant or sewer authority.

Usually, POTWs treat domestic household or office sewage using
biological treatment processes. Because certain pollutants present in
industrial discharges can adversely affect the POTW's treatment
processes or pass through the plant directly to surface water without
receiving adequate treatment, POTWs generally cannot handle large
quantities of industrial wastewater.

Because of this, Federal pretreatment regulations [CWA § 307(b)] were
developed to prevent the discharge of pollutants to the POTW that will:

    •   Interfere with the operation of the POTW

    •   Pass through the POTW untreated

    •   Create problems with disposal of sludge from the POTW

    •   Cause problems to treatment plant workers from exposure to
        chemicals.

These regulations, referred to as the Pretreatment Regulations, impose
requirements that apply to  all industrial facilities discharging industrial
wastewater to POTWs. Local POTWs with approved pretreatment
programs have responsibility for enforcing pretreatment requirements. To
find out if your local POTW has an approved pretreatment program,
contact  your State permitting authority or the POTW.
8-12

-------
   8.2.1   Pretreatment Requirements
                                                      Empower Your Cooperative
 Pretreatment
 Regulations
. are Federal
 requirements
 that apply to all
 industrial
 facilities
 discharging
 wastewater to
 local POTWs.
            USEFUL TIP

Regardless of whether a State is
authorized to implement either the NPDES
or the pretreatment program, if it develops
its own program, it may enforce
requirements more stringent than Federal
standards.
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 and notification
requirements.  Refer to Table
8-4 for explanation of the
notification requirements in the Federal pretreatment program.

Pretreatment requirements can be broken down into two types:
requirements for general industry (general pretreatment standards) and
requirements for specific industries (categorical pretreatment standards):

    1.   General Pretreatment Standards—Establish minimum
        discharge requirements for all industrial discharges. These
        standards protect POTWs by prohibiting specific waste streams
        from being discharged by industrial users.  Some pollutants that
        are prohibited under the general pretreatment regulations include:

        •   Pollutants that cause pass through or interference at the
           POTW.

        •   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 at a rate (i.e., loading 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.
                                                                               8-13

-------
Empower Your Cooperative
                      Table 8-4. Time Frame for Notification Requirements
                                     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 releases 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 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 40 CFR 21.33(e).

               This written notification must include (1) the name of the listed
               hazardous waste (in 40 CFR Part 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 of toxicity of the
               hazardous waste that is generated, to the degree that it is
               economically feasible.

               If discharging more than 100 kg of hazardous waste in  one month,
               the notification must also 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.	
  Time frame
Promptly
Prior to the
change
Within 180
days after
discharge of
the listed or
characteristic
hazardous
waste.
                          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.
8-14

-------
                                                  Empower Your Cooperative
                2.  Categorical Pretreatment Standards—Standards established
                    for specific types or categories of industrial facilities or processes.
                    There currently are no categorical pretreatment standards for the
                    utility industry.  However, the POTW may impose its own
                    wastewater discharge limits upon your industrial discharges in
                    order to protect its treatment plant and to meet its own direct
                    discharge permit limits. Where POTW requirements are more
                    stringent than Federal requirements, they will replace the Federal
                    requirements. For specific POTW limits, you must contact your
                    local POTW.

       Significant Industrial Users Criteria

            A POTW that is responsible for enforcing the Federal pretreatment
          .  requirements must issue permits to any industrial discharger that meets at
            least one of the following criteria:

                •   Is subject to categorical pretreatment standards

                •   Discharges an average of 25,000 gallons or more per day of
                    process wastewater (excluding sanitary, noncontact cooling, and
                    boiler blowdown wastewater).

                •   Contributes a process waste stream which makes up 5 percent or
                    more of the average dry weather hydraulic or organic loading
                    capacity of the POTW treatment plant

                •   Has a reasonable potential for adversely affecting the POTW's
                    operation or for violating any pretreatment standard or
                    requirement.

            Industrial dischargers meeting at least one of these criteria are called
            Significant Industrial Users. Significant Industrial Users must report the
            nature, concentration, and flow of the pollutants in their discharges.

8.2.2   How to Comply if You Are an Indirect Discharger

indirect"5 an    As an indirect discharger, there are several obligations that you must
discharger,    meet in order to comply with the pretreatment regulations:
contact the
POTW or
state to           •   Obtaining a copy of the State and/or local Sewer Use Regulations
determine             or ordinance. These are available by contacting your State and/or
fac«£ernSt'           your local POTW-  Determine what requirements apply to your
obtain a               facility.
permit.
                                                                          8-15

-------
Empower Your Cooperative
                   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 for your
                   wastewater discharge.

                   Meet, at a minimum, the Federal general pretreatment standards
                   (in Section 8.2.1, even if your POTW does not require a permit).

                   Verify how and/or how often 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 to the
                   POTW. A list of these pollutants can be found under 40 CFR
                   403.5.

                   As required by your wastewater discharge permit (if you have
                   one), conduct monitoring, reporting, and recordkeeping activities
                   for your industrial wastewater discharge.  Submit compliance
                   reports continuing monitoring results as required by permit.
                   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 (as presented  in Table 8-4)

                   •   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 are
                        also required to notify State hazardous waste authorities and
                        the EPA Regional Waste Management Division Director.
8-16

-------
                                                 Empower Your Cooperative

8.3    SAFE DRINKING WATER ACT (SDWA) UNDERGROUND
        INJECTION CONTROL (UIC) PROGRAM

            The Safe Drinking Water Act (SDWA) authorizes EPA to develop national
            drinking water standards, and to create a joint Federal-State system to
            ensure compliance with these standards. The SDWA also directs EPA to
            protect underground sources of drinking water through the control of
            underground injection of liquid wastes.

            The SDWA Underground Injection Control (UIC) program (40 CFR Parts
            144-148) is a permit program which protects underground sources of
            drinking water by regulating five classes of injection wells:

               •    Class I wells discharge below the deepest underground source of
                   drinking water. They are subdivided into industrial and municipal
                   based on their ownership, and into hazardous and nonhazardous
                   based on the nature of the injected waste.

               •   Class II wells inject fluids associated with oil and gas production
                   wells.

               •   Class III wells inject for the extraction of minerals.

               •   Class IV wells inject hazardous waste fluids.  (These wells have
                   been banned nationwide since 1985.)

               •   Class Vwells are any injection wells that do not fit into Classes I
                   through IV.

            If your cooperative disposes of wastewater using underground injection
            wells, you are probably using Class I or Class V. UIC permits include
            design, operating, inspection, and monitoring requirements. Wells used
            to inject hazardous wastes must also comply with RCRA corrective action
            standards in order to be granted a RCRA permit, and must meet
            applicable RCRA land disposal restriction standards (see Chapter 3). The
            UIC permit program is primarily State-enforced, since EPA has authorized
            all but a few States to administer the program. Check with your State for
            information on program requirements.

8.3.1  More About Class V Wells

            Typically, Class V wells are shallow wells which facilitate the movement of
            a variety of fluids to the area directly below the land surface. Class V
            wells include shallow non-hazardous industrial waste injection wells,
                                                                        8-17

-------
Empower Your Cooperative
            septic systems, and storm water drainage wells. They also include other
            assorted wells that have been found in some instances to transfer
            potentially harmful levels of contaminants into and above underground
            sources of drinking water. All Class V wells are currently authorized
            provided they do not endanger underground sources of drinking water and
            meet certain minimum requirements.

            Because EPA has found that some Class V wells pose environmental
            hazards, EPA is developing a comprehensive strategy to manage the
            wells. As part of this strategy, EPA will continue to authorize Class V
            wells, but will aggressively use the authority provided by the current
            regulations to achieve (1) the closure of Class V wells which may
            endanger underground sources of drinking water and (2) the proper
            management of other Class V wells.

      How to Comply if You Discharge to a Class V Well

            Generally, you are not allowed to  discharge industrial wastewater to
            sumps or septic systems because the septic system has no ability to
            clean the discharge and it is likely that many pollutants will simply move
            through the soil to contaminate groundwater (which may provide an
            important source of drinking water for the community).

                •   Even if you do not discharge industrial wastewater into a septic
                   system, but are connected to a large septic system that handles
                   waste generated by more than 20 people per day, you must
                   comply with DIG regulations. Contact the State to get more
                   information on the UIC regulations.

                •   If any amount of hazardous waste is discharged  to the septic
                   system, you must immediately notify the EPA Regional
                   Underground Injection Program Division Directors and/or the
                   State Underground Injection Program Director.

8.4    RESOURCES

8.4.1   References

            Clean Water Act: Storm Water, HQ AFCEE/CRR-D, Regional Compliance
            Office, Central Region.

            NPDES Permit for Storm Water Associated with Industrial Activities,  HQ
            AFRES Civil Engineering, Fact Sheet, April 1995.
8-18

-------
                                                 Empower Your Cooperative

            Pollution Prevention at Publicly-Owned Treatment Works: Case Studies,
            U.S. Environmental Protection Agency, Office of Pollution Prevention and
            Toxics, 742-F-94-001, Winter 1994.

            Storm and Combined Sewer Pollution Control: A Compilation of
            Significant References, U.S. Environmental Protection Agency, Office of
            Water Enforcement and Permits, EPA/600/9-91/012, May 1991.
8.4.2  Internet Resources
            For further information relating to Rural Electric Cooperatives, please refer
            to America's Cooperative Electric Utilities website at
            http://www.nreca.org/coops/elecoop3.html and University of Wisconsin
            Center for Cooperatives' website at http://www.wisc.edu/uwwc/.

            For further information relating to Storm Water Regulations, please refer
            to Pro-Act Fact Sheets: An Overview of Storm Water Regulations at
            http://www.afcee.brooks.af.mil/PRO_ACT/main/fact/fact/sept1995/09_95_
            2.htm, Storm Water Pollution Prevention Plans at
            http:www.afcee.brooks.af.mil/pro_act/main/fact/fact/sept1995/09_95_5.HT
            M, and the EPA/OWM Home page at http://www.epa.gov/ow-owm.html/.

            For further information regarding Underground Injection Control program,
            please refer to EPA Region 10's UlC Fact Sheet at
            http://www.epa.gov/r10earth/offices/water/uicfaq.htm.

            For further information regarding wastewater discharges, please refer to
            Wastewater Discharge Regulations at
            http://www.halcyon.com/cleanh2o/ww/limits.html, Michigan Environmental
            Law Resource website entitled Regulation of Water Discharges at
            http://www.wnj.com/environmental/watdis2.htm, and the EPA/OWM
            Homepage at http://www.epa.gov/ow-owm.html/.
8.4.3  Hotlines
            EPA's Office of Water, at (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.

            EPA's Safe Drinking Water Hotline, at (800) 426-4791, answers questions
            pertaining to SDWA standards. The Hotline operates from 9:00am
            through 5:30 pm, EST.
                                                                         8-19

-------
Empower Your Cooperative
8.4.4  State and Territory NPDES Program Status
State
Alabama
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maryland
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New York
North Carolina
North Dakota
Ohio
Approved State
NPDES Permit
Program
10/19/97
11/01/86
05/14/73
03/27/75
09/26/73
04/01/74
05/01/95
06/28/74
01/28/74
10/23/77
01/01/75
08/10/78
06/28/74
09/30/83
08/27/96
09/05/74
10/17/73
06/30/74
05/01/74
10/30/74
06/10/74
06/12/74
09/19/75
04/13/82
10/28/75
10/19/75
06/13/75
03/11/74
Approved to
Regulate Federal
Facilities
10/19/97
11/01/86
05/05/78
--
01/09/89
-
--
12/08/80
06/01/79
09/20/79
12/09/78
08/10/78
08/28/85
09/30/83
08/27/96
11/10/87
12/09/78
12/09/78
01/28/83
06/26/79
06/23/81
11/02/79
08/31/78
04/13/82
06/13/80
09/28/84
01/22/90
01/28/83
Approved State
Pretreatment
Program
10/19/97
11/01/86
09/22/89
-
06/03/81
--
05/01/95
03/12/81
08/12/83
-
-
06/03/81
-
09/30/83
08/27/96
09/30/85
04/16/85
07/16/79
05/13/82
06/03/81
--
09/07/84
--
04/13/82
--
06/14/82
.
07/27/83
Approved
General Permits
Program
(Storm Water)
06/26/97
11/01/86
09/22/89
03/04/97
03/10/92
10/23/92
05/01/95
01/28/91
09/30/91
01/04/84
04/02/91
08/12/92
11/24/93
09/30/83
08/27/96
09/30/91
11/29/93
12/15/87
09/27/91
12/12/85
04/29/83
07/20/89
07/27/92
04/13/82
10/15/92
09/06/91 ,
01/22/90
08/17/92
 8-20

-------
Empower Your Cooperative
^=^=^=
State
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Utah
Vermont
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Total
:^==^=i:^=s
Approved State
NPDES Permit
Program
11/19/96
09/26/73
06/30/78
09/17/84
06/10/75
12/30/93
12/28/77
07/07/87
03/11/74
06/30/76
03/31/75
11/14/73
05/10/82
02/04/74
01/30/75
43
=^=^==
Approved to
Regulate Federal
Facilities
11/19/96
03/02/79
06/30/78
09/17/84
09/26/80
12/30/93
09/30/86
07/07/87
-
-
02/09/82
-
05/10/82
11/26/79
05/18/81
37
=^^=^^=^=
Approved State
Pretreatment
Program
11/19/96
03/12/81
--
09/17/84
04/09/82
12/30/93
08/10/83
07/07/87
03/16/82
-
04/14/89
09/30/86
05/10/82
12/24/80
—
31
=^^=^=^=
Approved
General Permits
Program
(Storm Water)
09/11/97
02/23/82
08/02/91
09/17/84
09/03/92
12/30/93
04/18/91
07/07/87
08/26/93
—
04/20/91
09/26/89
05/10/82
12/19/86
09/24/91
42
                 = 8-21

-------

-------
                                   Empower Your Cooperative
               CHAPTER 9 - TABLE OF CONTENTS

 9.  HOW DO I COMPLY WITH THE DRINKING WATER
    REGULATIONS?	9-1

    9.1  DOES THE PWSS PROGRAM APPLY TO MY
        COOPERATIVE?	..	9-1
        9.1.1  The PWSS Program and National Primary and
              Secondary Drinking Water Regulations	9-3
              Drinking Water Standards	 9-3
              Monitoring Requirements	 9-4
        9.1.2  State Primacy/Stringency Requirements	9-5
        9.1.3  Future Contaminants to be Regulated (Schedule)... 9-5
        9.1.4  How Does EPA Develop Standards and
              Regulations?	9-6
        9.1.5  Small Systems Technology, Variances, and
              Exemptions 	9-8
        9.1.6  Reporting Requirements 	9-9
              Consumer Confidence Reports	 9-9
              Public Notification Requirements	9-10
              Violations Posing Acute Risks	  9-10
              Violations That Do Not Pose an Acute Risk	9-11
              Minor MCL Violations	9-11
        9.1.7  Operator Certification Requirements	9-12
        9.1.8  Technical, Financial, and Management Capacity of
              Water Systems	9-12
        9.1.9  Enforcement	9-13
        9.1.10 Bottled Water Standards		9-13
   9.2  OVERVIEW OF PREVENTION PROGRAMS IN SDWA
        AMENDMENTS OF 1996, AND APPLICABILITY TO
        COOPERATIVES  	9-14
   9.3  FUNDING AND ADDITIONAL ASSISTANCE FOR WATER
        INFRASTRUCTURE AND WATERSHEDS	9-17
   9.4  RESOURCES  	9-17
        9.4.1   EPA Assistance	9-17
        9.4.2  Regulations 	9-17
        9.4.3  References  	9-18
        9.4.4  Internet Sites	9-18
        9.4.5  Organizations	9-18

                      LIST OF TABLES

Table 9-1.  EPA Schedule for Regulating New Contaminants	9-7
                                                          9-i

-------

-------
    9.  HOW DO I COMPLY WITH THE DRINKING WATER
                           REGULATIONS?
Types of
water
supplies
regulated
by the
SDWA
 APPLICABILITY OF THIS CHAPTER TO
       YOUR COOPERATIVE

This chapter does not apply to your
cooperative if either of the following pertain
to your drinking water supply:

 •  You provide drinking water—only for
    your employees—from a well or
    surface water source, and you have
    fewer than 25 employees,

 •  You obtain treated drinking water-
    only for your employees—from a
    municipal source, and that source is
    not a subsidiary of your cooperative.
            Some rural electric
            cooperatives rely on their own
            well or a surface water source
            to provide drinking water to
            their employees. However,
            some cooperatives (or their
            subsidiaries), provide water not
            only to their employees but to
            other businesses or people.  If
            your cooperative does the
            latter, it may be subject to the
            requirements (see box) of the
            Safe Drinking Water Act
            (SDWA). This  chapter will
            inform you of your
            responsibilities for compliance
            with the Federal SDWA regulations affecting your water supply.

            The Safe Drinking Water Act was originally passed by Congress in 1974.
            It was amended in 1986 and again in 1996. Many components of the
            SDWA are intended to protect the public health and welfare by specifying
            treatment, monitoring, and public awareness requirements under the
            Public Water Supply Supervision (PWSS) program (see Section 9.1). The
            SDWA also establishes source protection programs which offer you the
            opportunity to become aware of, and involved in,  efforts to protect your
            drinking water supply. This chapter will inform you of the major
            requirements under the PWSS program which may affect your system,
            and will provide descriptions of other SDWA programs which may affect
            your system, including source protection and funding assistance
            programs.

9.1    DOES THE PWSS PROGRAM APPLY TO MY COOPERATIVE?

            The PWSS program is the means by which EPA regulates public water
            systems to fulfill the purposes of the SDWA.  Under the PWSS program,
            EPA has established national drinking water regulations that set
            standards for contaminants in drinking water, and contain monitoring,
            public notification and recordkeeping requirements. The national drinking
            water regulations are discussed further in this section.
                                                                         9-1

-------
Empower Your Cooperative
 Definition of
 aPWS
 Possible
 types of
 systems
 your REC
 maybe
 classified
 as.
Your cooperative is a Public Water System (PWS), and is subject to the
requirements of the SDWA and the PWSS program if you provide water
for human consumption to the public (including employees), and have:

      •  At least 15 service connections, or

      •  Regularly serve an average of at least twenty-five individuals
         daily at least 60 days  out of the year.

Requirements under the SDWA vary according to type of PWS.
Schedules of when rules become effective, timing and frequency of
monitoring, and public notification requirements are specifically tailored to
different types of PWSs. The different types of PWSs, and their
definitions within SDWA regulations are described below.

      •  Community water system (CWS)—a PWS that serves at least
         15 residential service  connections or the same 25 people in
         their residences for at least 60 days of the year.  Examples of
         community water systems include a large urban water system,
         or a small system serving a trailer park.

      •  Transient non-community water system (TNC)—a PWS that
         serves transient users (i.e., different people/users every day),
         but amounting to at least 25 people per day.  Examples include
         campgrounds and highway rest-stops.

      •  Non-transient non-community water system  (NTNC)—a
         PWS that, unlike a CWS, does not service residential
         populations, but serves the same individuals for at least six
         months out of the year. Examples include businesses,
         churches, or schools.

Based on the above definitions, a rural electric cooperative supplying
water to at least 25 employees  (and no other people) is most likely
classified as a non-transient non-community water system.  However, if
your cooperative or a subsidiary supplies water to households with 15 or
more service connections or 25 people or more, you are probably a
community water system.

Please note that even if the water you supply is originally obtained from
another supplier or utility (i.e., is pretreated, stored, or delivered prior to
your control) you may still be subject to SDWA requirements.  However, if
all of the following four criteria (found  in 40 CFR 141) apply to your
system, the system is not a public water supply:
9-2

-------
                                                 Empower Your Cooperative
               •   The system consists only of distribution and storage facilities (i.e.,
                  lacks water collection and treatment facilities).

               •   The system obtains all of its water from a public water system to
                  which NPDWRs (see below) apply (and is not owned or operated
                  by that regulated system).

               •   The system sells water to any person.

               •   The system functions as a carrier conveying passengers in
                  interstate commerce.

9.1.1 The PWSS Program and National Primary and Secondary
      Drinking Water Regulations
 Primary and
 secondary
 drinking
 water
 regulations
 What are
 the
 NPDWRs?
      Under the PWSS program, EPA establishes National Primary Drinking
      Water Regulations (NPDWRs) and National Secondary Drinking Water
      Regulations (NSDWRs). NPDWRs address contaminants that may affect
      public health; for example, microbiological contaminants such as
      legionella, or chemical contaminants such as benzene (carcinogen).
      NSDWRs are designed to protect the public welfare by addressing
      aesthetic properties of drinking water (e.g., taste or odor). NPDWRs are
      enforceable regulations, whereas, NSDWRs are not, unless a State
      adopts one or all of the NSDWRs into regulation (see Section 9.1.2).  For
      this reason, further discussion focuses on NPDWRs.

      The NPDWRs are a comprehensive set of regulations that apply to public
      water systems. The NPDWRs set standards for contaminants in drinking
      water (i.e. drinking water standards), monitoring requirements for those
      contaminants, public notification requirements (if the contaminants
      exceed the allowable limits in the water system), and recordkeeping
      requirements.  The current NPDWRs may be found  in 40 CFR 141.
      Monitoring requirements are discussed further in this section, public
      notification requirements are discussed in Section 9.1.7

Drinking Water Standards
 What are
 MCLs and
 MCLGs?
      Drinking water standards in the
      NPDWRS are expressed as
      maximum contaminant levels
      (MCLs) or maximum contaminant
      level goals (MCLGs). An MCLG is
      defined as "the maximum level of a
      contaminant in drinking water at
 COMPLIANCE REQUIREMENT

The MCL is enforceable and is
thereby the limit to which you must
comply. MCLGs are non-
enforceable health goals.
                                                                         9-3

-------
Empower Your Cooperative
 Alternative
 to MCL or
 MCLG
      which no known or anticipated adverse effect on the health of persons
      would occur, and which allows an adequate margin of safety" (40 CFR
      141.2). An MCL is generally described as the maximum permissible level
      of a contaminant in drinking water that is delivered to the free flowing
      outlet of the ultimate user of a public water system.

      In lieu of an MCL, EPA may specify a treatment technique such as
      filtration. The latter is done in situations where monitoring for a specific
      contaminant at a concentration above the MCL or MCLG is not
      economically or technologically feasible.

      MCLs, MCLGs, and treatment techniques contained in the NPDWRs vary
      with respect to applicability (i.e., according to the type of source water and
      treatment system you have, and the size of the population served).
      Requirements for scheduling, monitoring frequency, and public notification
      also vary with  respect to applicability.  Some components of the NPDWRs
      may or may not apply to your system. For reasons of brevity, specific
      drinking water standards are not presented in this section, and  it is
      recommended that you consult the regulations.

Monitoring Requirements

      Monitoring requirements in the NPDWRs were developed for the  purpose
      of determining compliance with MCLs, and also for collecting data on
      occurrence of unregulated contaminants (also see Section 9.1.3 for future
      monitoring requirements).  Sampling and analytical methods as well as
      frequency required for monitoring are specified in 40 CFR 140.
 SDWA
 requires
 EPA to
 develop a
 nationwide
 contam-
 inant
 occurrence
 database.
      The 1996 amendments to the SDWA authorized EPA to develop a new
      database with information on the occurrence of contaminants in public
      water systems nationwide. The database will be comprised primarily of
      monitoring data on the occurrence of unregulated contaminants in public
      water systems, but also may include data for regulated contaminants.  In
      developing the database, EPA will select contaminants for monitoring
      based on recommendations from the Science Advisory Board and other
      interested parties. EPA will review and modify the monitoring list on a
      five-year basis, and will use the database primarily in developing
      standards and evaluating health risks, as well as possibly for determining
      compliance.

      The SDWA amendments stipulate that monitoring requirements for the
      new contaminant occurrence database will vary based on system size,
      source water, and the likelihood of the presence of contaminants.
      However, specific details of the monitoring requirements are not likely to
      be developed until August 1999, when the occurrence database is
9-4

-------
^^^=^==^=^=^=s^=s^=s^=ss:^=s  Empower Your Cooperative

             scheduled to be available. The SDWA amendments also stipulate that the
             public must be notified of the availability of the monitoring results.

  Monitoring    Small water systems, serving under 10,000, have not yet been required
  require-      by EPA to monitor for unregulated contaminants. However, in association
  suppoitthe    W'th devel°Pment of the new contaminant occurrence database, small
  database     systems may be required to do so in the future.  EPA will decide which
  for small      public water systems will comprise the "representative sample."  To
  systems      facilitate monitoring for unregulated contaminants in small and medium
             drinking water systems, the SDWA amendments contain requirements for
             obtaining a representative sample of those systems. Under the new
             monitoring requirements, you may be required to install treatment or
             technologies, and conduct monitoring associated with the treatment or
             new technology.  However, EPA must provide the funding for such  efforts.

 9.1.2 State Primacy/Stringency Requirements

             The SDWA regulations are enforced by the EPA, and by States with
             approved SDWA PWSS programs. Under the SDWA, States apply to
             EPA to manage and implement the PWSS program. To have an
             approved program, States must have laws and regulations in place that
             are at least as stringent as the Federal regulations.  States with approved
             programs are considered to have "primacy." If a State does not have
             primacy,  the EPA Region implements and manages the PWSS program
             in the State.

             In addition to the Federal SDWA regulations, States can also have
             additional regulations that apply to public drinking water systems. For
             example, a State may adopt a NSDWR into regulation, thus making it an
             enforceable provision.  As a result, if you  supply drinking water, you are
             likely to be subject to Federal and State requirements. Keep in mind that
             State requirements can be more stringent; for example, some States
             define PWSs as having only one service connection. It is recommended
             that you contact your State drinking water agency to determine whether
             your State has primacy, and to become familiar with additional
             requirements.

 9.1.3 Future Contaminants to be  Regulated (Schedule)

             Throughout the next decade, the EPA will be rapidly developing and
             refining regulations under the SDWA.  Table 9-1  provides a current
             schedule for this activity. An awareness of the forthcoming regulations is
             crucial for you to successfully manage your water supply into the future.

-------
Empower Your Cooperative
            In this way, you can be better prepared in terms of the technical and
            financial resources necessary to meet future requirements.

            The 1996 amendments to the SDWA significantly altered the schedule for
            EPA to evaluate new contaminants for regulation.  Under the 1986
            SDWA, EPA was required to regulate 25 new contaminants every three
            years. The 1996 requirements replaced this schedule, requiring EPA to
            determine whether or not to regulate at least five of the contaminants
            listed as potential contaminants for regulation.  In addition to this
            contaminant selection schedule, the SDWA contains specific provisions
            for EPA to develop standards for various contaminants. These
            contaminants and the schedule for regulatory development are listed in
            Table 9-1.
            The list of future regulations
            provided in Table 9-1 is intended to
            provide a general idea of the types
            of requirements which may apply to
            your PWS. Any future regulations
            are subject to modifications
            inherent in the rulemaking process.
            For more detail on the
            requirements, it is recommended
            that you call the SDWA hotline at
            1-800-426-4791.
                                             USEFUL TIP

                                   As a PWS, your cooperative should be
                                   aware that in addition to the
                                   forthcoming regulations listed in the
                                   table below, EPA may, at any time,
                                   establish an interim NPDWR in
                                   response to an urgent threat to public
                                   health. Interim NPDWRs are to be
                                   revised or finalized 5 years after being
                                   established.
9.1.4 How Does EPA Develop Standards and Regulations?

            When EPA develops new regulations, it must follow specific procedures
            which allow for input from the public and regulated community. A
            potential new regulation is first published as a "proposed rule" in the
            Federal Register. A public comment period follows the publication of a
            proposed rule. During the public comment period you may express your
            concerns about the proposed rule and provide input. Prior to finalizing a
            rule, EPA must address your comments. By taking advantage of available
            information and the opportunity for public comment, your cooperative can
            be an informed participant in upcomming drinking water standards
            development and rulemaking.
 Criteria for
 deciding to
 regulate a
 contam-
 inant
EPA must base a decision on whether or not to regulate a contaminant
(i.e., establish standards, and monitoring, notification, and recordkeeping
requirements)  according to the following criteria: 1) the contaminant
would adversely affect human health, 2) there is a high probability of
frequent occurrence at significant levels, and 3) the regulation would
9-6

-------
=======^==  Empower Your Cooperative
 Table 9-1. EPA Schedule for Regulating New Contaminants
Contaminant or
Regulation
Arsenic
Recycling of filter
backwash water
Sulfate
Radionuclides
Radon
Information Collection
Rule (ICR)
Disinfection/Dis-
infection by-products
Rule (Stage I and
Stage II)
Disinfection
Enhanced Surface
Water Treatment Rule
List of 83
contaminants (from
1986 amendments)
Regulatory Action
Develop a Health Effects Study Plan
Proposed Arsenic NPDWR
Final Arsenic NPDWR
EPA must develop regulation for recycling of filter
backwash unless it is addressed in the Enhanced Surface
Water Treatment Rule (see below)
Conduct a dose-response study
Determine whether to regulate
Decide whether to revise NPDWRs for radium and alpha,
beta, and photon emitters, and finalize the NPDWR for
uranium
Develop health risk reduction and cost analysis for
potential MCLs being considered for radon in drinking
water.
Propose an MCLG and an NPDWR
Promulgate a Final MCLG and NPDWR
The ICR was promulgated in May 1996 and consists of a
requirements to collect data to establish the Stage II
Disinfection/Disinfection By-product Rule and the interim
and final ESWTRs. (See 40 CFR 141 for details)
Promulgate final Stage I (Stage I was proposed in July
1994 and included enhanced coagulation requirements for
systems with conventional treatment; MCLs for certain
disinfectant by-products, and limits for disinfectants for all
systems except transient non-community water systems.)
Notice of availability for Stage II reproposal. (Stage II was
proposed in July 1994 and included MCLs made more
stringent than the Stage I requirements and established
"best available technology" as precursor removal with
chlorination)
Promulgate final Stage II
Propose a Ground Water Disinfection Rule
Promulgate interim ESWTR for systems serving more
than 10,000 people
Propose long-term ESWTR for systems serving fewer
than 10,000 people and propose possible changes for
systems serving more than 10,000 people
Make interim ESWTR effective for systems serving more
than 10,000 people
Promulgate long-term ESWTR
Make long-term ESWTR effective for all systems
Complete regulations for contaminants on list
Scheduled
Release Date
February 1997
January 1 , 2000
January 1 , 2001
August 6, 2000
February 2, 1999
August 6, 2001
November 2000
Februarys, 1999
August 6, 1 999
August 6, 2000
Data available
mid 1999 or later.
November 1 998
May 1999
December 2003
December 1 998
November 1998
May 1999
May 2000
November 2000
May 2002
June 1999
                                                  9-7

-------
Empower Your Cooperative
 EPA must
 evaluate
 cost of any
 new
 regulations
 Time frame
 for
 compliance
 with new
 regulations
            represent a meaningful opportunity for health risk reduction.  Inherent in
            this process is prioritization based on risk: the contaminants posing the
            most apparent risk will be addressed first.

            To decide whether or not to regulate specific contaminants, EPA-will use
            current drinking water data and "best available peer-reviewed science and
            supporting studies" in conjunction with the three criteria discussed above.
            In addition, SDWA 1996 Amendment provisions require that prior to
            issuing any standards, EPA must develop a cost-benefit analysis.
            Information used in standards setting and cost-benefit analysis must be
            made available to the public (including the regulated community). By
            accessing publicly available information, you can educate yourself on the
            technical basis of the proposed requirements as well as the associated
            costs they present to your system.

            Your cooperative generally has three years to comply with any new
            drinking water regulations, including new standards and monitoring
            requirements. In some cases, EPA or States may determine that an
            earlier date for compliance with a new regulation is practicable.  If you are
            making capital improvements to comply with new standards, you may
            request and obtain a 2-year extension to comply with the standards.  If
            your system serves under 10,000, you may be eligible (subject to State
            approval) to monitor less frequently than established by EPA if monitoring
            done at the time of "greatest vulnerability to the contaminant" fails to
            detect the parameter of concern. However, this kind of "monitoring relief"
            will not apply to  microbiological contaminants or their indicators,
            disinfectants,  or disinfectant or corrosion byproducts.

9.1.5 Small Systems Technology, Variances, and Exemptions

            If your cooperative or water system cannot afford to comply with a
            standard that  is  based on technology, you may be eligible for a  variance.
            As a result of  the 1996 SDWA amendments, EPA will identify and
            produce a list of alternative technologies that meet the standards and are
            affordable to each of the following groups of smaller water systems:

               •  Systems serving a population of 10,000 or fewer, but more than
                  3,300.

               •  A population of 3,300 or fewer but more than 500.

               •  A population of 500 or fewer but more than 25.
9-8

-------
                                                Empower Your Cooperative
            If your cooperative or water system still cannot afford any of the proposed
            alternative technologies, then EPA or the State having primacy will
            determine whether other changes (e.g., change in source water,
            restructuring, or connection to another system) could enable you to meet
            the standard. If these other changes are not practicable, then EPA or the
            State having primacy will require the most protective technology that your
            cooperative or water system can afford.

            Further relief may be provided to you if your system serves 3,300 persons
            or less. In this case, you may be allowed an exemption from a standard
            for up to nine years if you:

              •  Serve an economically disadvantaged community;

              •  Are reasonably likely to obtain financial assistance to comply during
                 the exemption term; and

              •  Cannot comply by alternative  water source or by management or
                 restructuring changes.

            Note that you will not be eligible for an exemption if you receive a small
            system variance.

9.1.6 Reporting Requirements

            If you are a PWS (see Section 9.1) then you are subject to reporting
            requirements that include Public Notification and  Consumer Awareness
            requirements.  Consumer Awareness and Public  Notification requirements
            are designed to ensure that the  public has the opportunity to make
            informed decisions about drinking water problems. Consumer awareness
            is addressed mainly in Consumer Confidence Reports, which inform the
            public of drinking water monitoring results.  Public Notification
            requirements are triggered by violations of MCLs and other NPDWR
            requirements.

      Consumer Confidence Reports

            If you are a community water system (see Section 9.1), you will be
            required to provide Consumer Confidence Reports to the people served
            by your system. EPA is in the process of developing requirements for all
            community water systems to prepare and mail to each customer annually,
            a report with information about the system's source water and the level of
            contaminants in the drinking water.  In some States, relief from the mailing
            requirements may be allowed for smaller systems.  For instance,  if your
                                                                         9-9

-------
 Empower Your Cooperative
            system serves less than 500 people, you might only be required to give
            public notice that the report is available, or if your system serves between
            500 and 10,000 people, you might be able to publish the report in the
            newspaper in lieu of mailing. Your State drinking water agency can tell
            you if these conditions have been allowed by the Governor of your State.
            EPA Guidelines for Consumer Confidence Report requirements should be
            finalized by August 6, 1998, at which time you may obtain them from your
            State drinking water agency or through the SDWA hotline.

      Public Notification Requirements

            For any violation of an MCL, the regulations stipulate that you must make
            an  initial notification "as soon as possible" and within specific time-frames.
            The time-frame as well as the method of the notifications depend on the
            risk posed to human health as a result of the violation. The required
            method of notification and the time frame for notification will depend on
            available means  of communication (i.e., television, radio, or newspaper)
            and whether you are a community or non-community water supply.

      Violations Posing Acute Risks

            The following violations of MCLs pose an acute risk to human health:

                •  Nitrate;
                •  Total coliform, when fecal or E. coliare present;
                •  Occurrence of a waterborne disease outbreak in any system; and
                •  Any violations determined by the State as posing acute risk.

            For community water systems the  initial notification for MCL
            violations that pose an acute risk must be provided, via television or
            radio, within 24  hours.

            The requirements for follow-up notifications for violations posing an acute
            risk are:
                  Within 14 days, provide
                  notification through the daily
                  newspaper or weekly
                  newspaper (if no daily).

                  Within 45 days, provide
                  notification by mail or hand
                  delivery.
          USEFUL TIP

If your State has primacy, it may waive
the mail or hand delivery requirement
(applies to acute or non-acute
violations), provided you have
corrected the violation or failure within
the 45-day period.
9-10

-------
                                            Empower Your Cooperative
         •   Once every 3 months for as long as violation continues, provide
            notification by mail or hand delivery.

      If you are a non-community water system, or if you are a community
      water system in an area not served by a daily or weekly newspaper, then
      you are allowed some relief in that you may give notice by hand delivery
      or by continuous posting in conspicuous places, in lieu of the follow-up
      notifications described above. However, you must begin notification not
      less than 72 hours after discovering a violation that poses an acute health
      risk to human health.

Violations That Do Not Pose an Acute Risk

      For a violation of an MCL that does not pose an acute risk, or a violation
      of a treatment technique standard, or failure to comply with a schedule
      prescribed in a variance or exemption, you must provide notifications
      according to the following time frames and methods:
            Within 14 days, provide
            notification by daily
            newspaper or weekly
            newspaper (if no daily);

            Within 45 days, provide
            notification by mail or hand
            delivery;  and
          USEFUL TIP

If your State has primacy, it may allow
you to provide less frequent notification
for minor violations (i.e., failure to
monitor) or the granting of a variance;
however, you must obtain State
approval and at a minimum you will be
required to provide annual notification.
         •  Once every 3 months for as
            long as violation continues,
            provide notification by mail or hand delivery.

Minor MCL Violations

      You must also provide public notification if you:

         •  Fail to perform monitoring;
         •  Fail to comply with test procedures;
         •  Are subject to a variance; or
         •  Are subject to an exemption.

      For these situations in general, you must provide the following
      notifications:
                                                                     9-11

-------
 Empower Your Cooperative
                •   Within 3 months of violation or of granting of variance or
                   exemption, provide notice in daily newspaper or weekly newspaper
                   (if no daily); and

                •   Once every 3 months for as long as the violation exists or variance/
                   exemption remains in effect, provide notice in daily newspaper or
                   weekly newspaper (if no daily) or, if you are a non-community
                   water system, or if no daily or weekly newspaper exists, you may
                   provide initial and  follow-up notices by hand delivery or continuous
                   posting in conspicuous places.

            The content of the notifications is lengthy and specific to the parameter of
            concern. The exact language can be found in 40 CFR 141.32(d) and (e).

 9.1.7 Operator Certification Requirements

            If your State does not already have water treatment system operator
            certification requirements, it will be required to develop them in the near
            future. The 1996 Amendments of the SDWA include a provision for EPA
            to develop operator certification guidelines by February 6, 1999. State
            operator certification programs must then meet the minimum EPA
            requirements established in the guidelines. Note that the intent of the
            operator certification requirements is not that every operator must be
            certified, but that your system should have an operator that is able to
            perform key compliance functions, and is trained and certified to the level
            required by your specific  State program and for your type of system.
            When complete, the guidelines should be available either through the
            SDWA hotline, Federal Register Notice, or through your State drinking
            water agency.

 9.1.8 Technical, Financial, and  Management Capacity of Water
      Systems

            If your cooperative or a subsidiary supplies drinking water to other
            businesses or residences, your system is not only subject to drinking
            water standards, but is subject to EPA or State scrutiny of its technical,
            financial and managerial capacity to supply water that meets specific
            SDWA standards.  As a result of the 1996  amendments, your State, if it
            does not already do so, will probably require any new community water
            system and any new non-transient, non-community water systems
            (commencing operation after October 1, 1999), to demonstrate sufficient
            technical, managerial and financial capacity to meet drinking water
            standards. Note that this does not apply to existing systems.
9-12

-------
                                                 Empower Your Cooperative
            If your State has primacy, it must develop regulations to carry out this
            mandate by August 6, 2000, otherwise a portion of Federal funds for your
            State drinking water authority will be withheld. In addition, by this time,
            your State is required to have established a means of providing
            assistance to you in strengthening your existing capacities.

9.1.9 Enforcement

            Enforcement of SDWA requirements is
            the responsibility of EPA or the State              USEFUL TIP
            having primacy. The 1996 SDWA         For EpA fo take any enforcement
                                                  action against the owner/operator
                                                  of a public water system in a State
                                                  that does not have primacy, EPA
                                                  must first notify an appropriate
                                                  elected public official.
            Amendments improve the enforce-
            ability of drinking water standards by
            streamlining the enforcement process
            for EPA, clarifying "enforceable
            provisions," and raising penalties and
            penalty caps.  Under the 1996 SDWA
            Amendments, EPA or your State may impose a penalty to the owner/
            operator of a public water system as great as $25,000 per day per
            violation.

            However, the 1996 Amendments also allow for a public water system to
            avoid enforcement actions against it by consolidation (physical or
            managerial), or by transfer of ownership.  Under this provision in the
            amendments, the public water system must submit a plan which outlines
            specific measures and schedules for consolidation efforts to EPA for
            approval. If EPA approves the plan, no enforcement action will be taken.

9.1.10   Bottled Water Standards

            Currently, bottled water is regulated by the Food and Drug Administration
            (FDA).  The FDA imposes no standards equivalent to MCLs or MCLGs on
            bottled water, and  largely relies on the industry's self-monitoring to ensure
            public health.  This may change as a result of the 1996 amendments to
            the SDWA. Under the SDWA amendments, EPA will be  required to
            regulate the same contaminants in bottled water that they regulate in
            public water supplies. In effect, the EPA will have to impose standards on
            bottled water that are no less stringent than established MCLs, and would
            include monitoring requirements in those standards. In conjunction with
            this effort, the SDWA amendments require EPA to develop, by February
            1998, a draft Bottled Water Consumer Study, which will address methods
            of informing consumers of the contents of bottled water.  EPA will solicit
            public comment on the report findings and will issue a final report by
            February 6, 1999.
                                                                          9-13

-------
 Empower Your Cooperative ==^===^=^^==s*

 9.2  OVERVIEW OF PREVENTION PROGRAMS IN SDWA
      AMENDMENTS OF 1996, AND APPLICABILITY TO
      COOPERATIVES

            In addition to controlling contaminants in drinking water through
            development of NPDWRs, SDWA Amendments strengthen the
            preventative measures for maintaining safe drinking water. If your
            cooperative or its subsidiary is a public water system, you should be
            concerned with protecting your water supply source.

            Preventative measure requirements are included in such programs as:

               •  Source water protection programs that are specified in the EPA's
                  Watershed Approach (see Section 9.2.1) and the NPDWR
                  commonly referred to as the Surface Water Treatment Rule
                  (SWTR);

               •  Sole Source Aquifers program (see Section 9.2.2);

               •  Wellhead Protection Program (see Section 9.2.3); and

               •  Underground Injection Control program (see Section 9.2.4).

            Of these programs, the Wellhead Protection and Sole Source Aquifer
            programs provide the most opportunity for you to participate in protection
            of your water supply. The  Underground Injection Control (UIC) program
            pertains to entities  disposing of wastes (discussed in Chapter 8), rather
            than PWSs. The UIC program may be implemented by your State, but will
            reflect minimum federal requirements.

9.2.1    Watershed Approach Program

            The "Watershed Approach"
            Program is one of the foremost
            strategies EPA uses to address
            water quality issues.  The
            Watershed Approach is a
            framework for environmental
            management that focuses public
            and private sector efforts to
            address the highest priority
            problems within watersheds. The
            program addresses both surface
            and ground water flow.  Watershed protection activities address drinking
            water supply as well as waste disposal. Pollution sources from all media
          USEFUL TIP

You can become familiar with your
watershed through the use of EPA's
interactive internet web site "Surf your
Watershed." This tool will allow you to
access maps, information on land use,
environmental indicators and a variety
of other site-specific information (see
Section 9.4, Resources).
9-14

-------
                                                   Empower Your Cooperative
            (air, soil, water) are covered in the program. To the cooperative that
            supplies water to its employees or to the public, watershed protection is
            EPA's broad effort at protecting your drinking water supply source.

9.2.2 Sole Source Aquifer Program

            An aquifer is a natural underground layer of porous materials containing
            some type of liquid (water, oil, etc.) usually capable of yielding a large
            amount, or supply, of that liquid. Groundwater is water contained in an
            aquifer. The EPA defines a sole source aquifer as an aquifer which
            supplies at least 50 percent of the drinking water consumed in the area
            overlying the aquifer, and these areas have no alternative drinking water
            sources which could physically, legally, and economically supply all those
            who depend upon the aquifer for drinking water.
 Submitting
 a petition
 for sole
 source
 aquifer
 designation
                                                         USEFUL TIP

                                               EPA will only designate Sole Source
                                               Aquifers in response to petitions.
                                               Therefore it is up to you to seek this
                                               form of protection for your water
                                               supply, whether you supply water only
                                               for your employees or to others as well.
When an aquifer is designated by
EPA or the State as a sole source
(for drinking water) (see box), no
federal activity or activity receiving
federal financial assistance may
be conducted if the EPA Regional
Administrator determines the
activity may contaminate the
aquifer. What this means to your
cooperative, as a public water
supply, is that your water source may be afforded extra protection
intended to prevent contamination.

If your water source is ground water and you believe that it is a sole
source, you can petition the Regional Administrator to make such a
designation.  In your petition, you must provide hydrogeologic and
drinking water usage data and other technical and administrative
information supporting the definition of "sole source aquifer." Detailed
information to include in petitions, as well as the procedures and criteria
for determining aquifer boundaries may be found in "Sole Source Aquifer
Designation Petitioner Guidance," available from EPA Office of Water
Resource Center (see Section 9.4). Your state may also have a Sole
Source Aquifer program, thus you should check with your drinking water
agency to determine the role of such programs with respect to petitions.

The time frame for making a sole source aquifer determination will  vary,
but generally it takes a minimum of six months following submittal of the
petition. EPA reviews the documented information on the boundaries,
hydrogeologic materials, and water use  patterns of an area's aquifer.
EPA summarizes the results of the review in a technical support
                                                                           9-15

-------
Empower Your Cooperative
            document that is made available for public review.  Final designations,
            along with a summary of the basis of decision are noticed in the Federal
            Register.

9.2.3 Wellhead Protection

            A wellhead  is defined as the physical structure, facility or device at the
            land surface from or through which groundwater flows or is pumped from
            subsurface, water-bearing formations.  Under the SDWA, Wellhead
            Protection Programs receive Federal guidance and funding, but are
            generally administered at the State level. Wellhead Protection is a
            voluntary, community-based effort to protect groundwater sources of
            drinking water from all potential sources of contamination.  Participation in
            a Wellhead Protection Program offers an excellent opportunity for your
            cooperative to collaborate with the community and government.

 Wellhead     The general process of Wellhead Protection includes 1) forming a team
 Protection    consisting of water suppliers, local elected and non-elected officials,
 process      businesses, farmers, environmental groups, land developers, and other
            interested parties; 2) delineating the Wellhead Protection Area (WHPA),
            3) identifying all sources of potential contaminants, and 4) selecting
            management strategies to protect the WHPA. If  you would like to initiate
            a Wellhead Protection Program, EPA offers assistance in the form of
            guidance materials, which can  be obtained from the Office of Water
            Resource Center (see Section  9.4). In addition, your State may have
            developed its own guidance or funding assistance programs under the
            Wellhead Protection Program.

9.2.4 Underground Injection  Control Program

            The UIC program is intended to protect groundwater supplies from
            activities which involve emplacement of waste materials into the ground.
            The UIC program is generally administered by the EPA Region or State.
            State requirements will vary, but at a minimum must reflect the
            requirements for waste injection disposal outlined in 40 CFR 144.1.

            The types of activities covered by UIC regulations involve five categories
            of injection of hazardous wastes, or larger-scale emplacement of non-
            hazardous wastes. The regulations do not address single family waste
            disposal systems or non-residential sanitary waste disposal systems with
            a capacity to serve fewer than 20 people per day. Within the UIC
            program, well injection may be authorized by permit or by rule (an
            abbreviated approval method).  As a public water supply, you will benefit
9-16

-------
^^^=^^^=^^^=^==^=^=^=  Empower Your Cooperative

            from the protection of groundwater afforded by regulation of activities
            posing the greatest potential for groundwater contamination.

 9.3   FUNDING AND ADDITIONAL ASSISTANCE FOR WATER
       INFRASTRUCTURE AND WATERSHEDS

            Federal appropriations are made to States having primacy for the purpose
            of administering the PWSS program. This system is known as the State
            Revolving Fund (SRF).  The State may issue grants for projects designed
            to achieve compliance, or for prevention programs (e.g. source water
            protection, capacity development, or operator certification). Grants are
            issued based on a projects' ability to address the seriousness of health
            risk, compliance needs (including filtration), and system economic need
            (calculated on a per-household basis).  The SRF may also be used to
            provide loan subsidies and loan forgiveness to disadvantaged
            communities.  In some cases, States may allocate SRFs to other
            programs which issue grants, such as the Sole Source Aquifer and
            Wellhead Protection programs. In addition to State Grants, EPA or other
            organizations may on occasion award grants to systems under various
            programs. To find out more about grants and how to obtain them, contact
            your drinking water permitting agency or the associations listed under
            Resources (9.4).

 9.4   RESOURCES

            Your primary resource for drinking water issues should be your State
            Drinking Water Agency.  In addition, your EPA Regional Office can assist
            you and refer you appropriately. The following list provides other sources
            of information.

 9.4.1  EPA Assistance

            EPA Office of Groundwater and Drinking Water (OGWDW)

            SDWA Hotline: (800) 426-4791 (Will provide contacts for State or
            Regional permitting agencies)

            Office of Water Resource Center:  (202) 260-7786

 9.4.2  Regulations

            NPDWRs: 40 CFR Part 141
            NSDWRs: 40 CFR Part 143
                                                                       9-17

-------
Empower Your Cooperative

9.4.3 References
            Future Directions in Water Quality Regulations, Pontius, F.W., 1997.
            (Journal AWWA, Vol. 89, Issue 3).

            Protecting Local Ground-Water Supplies through Wellhead Protection,
            1991.  (EPA 570/09/91/007).

            Locating Financing for Wellhead Protection, 1989. EPA 440-6-89-001.
            Office of Ground Water Protection, Office of Water, U.S. Environmental
            Protection Agency.

            Wellhead Protection Programs: Tools for Local Government
            Governments. April 1989.  EPA 440/6-89-002.  Office of Ground Water
            Protection, Office of Water, U.S. Environmental Protection Agency.

            EPA documents are available from the OGWDW internet site:
            http://www.epa.gov.OGWDW/Pubs/08ground.html

            List of National Primary Drinking Water Standards (i.e., MCLs and
            MCLGs): available from EPA through the SDWA Hotline.

            Publications also can be obtained from the Office of Water Resource
            Center.

9.4.4 Internet Sites

            Surf Your Watershed: http://www.epa.gov/surf/

            EPA Office of Groundwater and Drinking Water
            http://www.epa.gov/ogwdw/programs.html

9.4.5 Organizations

            The Association of Metropolitan Water Agencies
            1717 K Street, NW, Suite 801
            Washington, DC 20036
            (202)331-2820

            The American Water Works Association
            1401 New York Avenue, NW, Suite 640
            Washington, DC 20005
            (202) 628-8303
9-18

-------
==^^^==^=!^=!^=^^^=  Empower Your Cooperative

               CHAPTER 10 - TABLE OF CONTENTS

  10.  WHAT WETLANDS AND ENDANGERED SPECIES
      REGULATIONS APPLY TO RURAL ELECTRIC
      COOPERATIVE ACTIVITIES?	10-1

      10.1  THE ARMY CORPS OF ENGINEERS REGULATORY
           PROGRAM - GENERAL OVERVIEW	10-2
           10.2.1  What Is a Wetland?  	10-3
           10.2.2  How Are Wetlands Identified?  	10-3
                  Identifying Wetlands Using the National Wetland
                      Inventory Maps	10-4
           10.2.3  What If My Proposed Project Area Includes  .
                  Wetlands? 	10-5
           10.2.4  What Is a Wetland Permit?	 10-5
                  Individual Permits	10-6
                  General Permits	10-6
           10.2.5  Do I Need Other Permits in Addition to the
                  Section 404 Permit?	10-8
                  State/Local Permits  	10-8
                  Permit Conditions and Cross-Cutting
                      Environmental Statutes 	10-8
           10.2.6  What Is Wetland Mitigation and Are There Any
                  Wetland Reporting Requirements?  	10-9
           10.2.7  Evolving Issues	      10-10
     10.3  ENDANGERED SPECIES	,	  10-11
           10.3.1   How Do I Determine if My Project Has the
                  Potential to Impact Endangered Species or
                  Their Critical Habitat?	10-12
           10.3.2  Projects With Federal Involvement	10-14
           10.3.3  Projects Without Federal Involvement	10-14
           10.3.4  Other Species of Special Concern	10-15
           10.3.5  Evolving Issues	10-16
                  Private Landowner Issues	10-16
                  "Candidate" Species	    10-16
     10.4  RESOURCES	10-16
           10.4.1   Bibliography		10-16
           10.4.2   Federal Agency Contacts	  10-17
           10.4.3   Internet Resources	10-17
           10.4.4   Professional Organizations	10-18

                       LIST OF FIGURES

 Figure 10-1. Overview of Section 404 Individual Permit Process ... 10-7
                                                           10-i

-------

-------
10. WHAT WETLANDS AND ENDANGERED SPECIES
     REGULATIONS APPLY TO RURAL ELECTRIC
               COOPERATIVE ACTIVITIES?
       The development, operation, and maintenance of Rural Electric
       Cooperative facilities have the potential to impact both aquatic resources
       (particularly wetlands) and endangered species.  Potential impacts to
       these resources may result from a variety of activities but are primarily
       associated with construction and maintenance of power lines, and
       construction of sub stations or other facilities. The impact your
       cooperative's activities have on aquatic resources (particularly wetlands)
       and endangered species depends, to a large part, on whether you are
       dealing with above or below ground power lines and the extent of any new
       ground disturbance.

       Aquatic resources, particularly wetlands, and endangered species are
       protected by federal legislation and in some areas, state and local
       regulations also apply. In many cases, before you begin your construction
       project, you are required to obtain a special permit for impacting aquatic
       areas, such as wetlands, or endangered species habitat. You need to be
       familiar with applicable regulations; otherwise, your project could
       experience unnecessary delays, additional expense, or even a notice of
       violation.  To avoid these problems, consultation  with relevant state and
       federal agencies early in the planning process is  strongly recommended.
       The regulatory agencies are available to assist you with planning your
       project such that impacts to aquatic resources and endangered species
       are minimized as well as guide you through the permitting process.
       Adherence to the statutes,
       coupled with early agency
       consultation can  help your
       cooperative avoid construction
       delays and the likelihood that
       you will find yourself in
       violation.
           USEFUL TIP
Since the regulatory agencies for wetlands
and endangered species are often very
busy, you should consider hiring an
environmental consultant to speed up the
regulatory process. Be sure to hire a
qualified consultant with local knowledge of
the resource, regulations, and agencies.
      This chapter is divided into
      four sections: 1) General
      Overview of the U.S. Army
      Corps of Engineers Regulatory
      Program (Section 10.1);
      2) Wetlands (Section 10.2); 3) Endangered Species (Section 10.3); and
      4) Resources (Section  10.4). These sections define the respective
      resources and discuss how to determine if regulations protecting these
      resources may apply to your activity. Following a definition of the
      resource in each section, a discussion of necessary permitting and
                                                                   10-1

-------
Empower Your Cooperative
            approvals is included to help you understand the permitting process.
            Finally, Chapter 10 concludes with a list of additional information
            resources (Section 10.4) available to help with your questions and permit
            needs.

10.1  THE ARMY CORPS OF ENGINEERS REGULATORY
       PROGRAM - GENERAL OVERVIEW

            Those portions of the U.S. Army Corps of Engineers (Corps) Regulatory
            Program which have the potential to involve Rural Electric Cooperative
            (Cooperative) facilities are administered pursuant to Section 10 of the
            Rivers and Harbors Act and Section 404 of the Clean Water Act.  The
            Corps regulates dredging and general construction  in, over, and under
            navigable waters of the United States  (waters that are, were, or could be
            used for the transportation of interstate commerce)  under Section 10.
            Therefore, activities such as aerial crossings of rivers and streams require
            a Corps Section 10 permit.  The Corps also regulates the discharge of
            dredged  and fill material into waters of the United States which includes
            navigable waters of the United States  as well as all  waters and associated
            wetlands. Activities such as excavating trenches to bury cable, as well as
            fill for substations and towers, require  a Corps Section 404 permit. The
            U.S. Environmental Protection Agency's (EPA) 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.  As may be seen, a wide range of
            Cooperative facilities, and activities, may need Corps permits. However,
            since wetlands and endangered species are areas  which have the
            potential to engender controversy and project delay, particular attention is
            paid to these resources in the following sections.

10.2  WETLANDS
             Wetlands are a subset of
             "waters of the United States" as
             defined in the Clean Water Act,
             Section 404, and in the Code of
             Federal Regulations (CFR). As
             provided in 33 CFR Part 328,
             the Corps regulates the
             placement of dredge and fill
             material (see box)  into wetlands
             and other water bodies (i.e.,
             waters of the United States).
             The Corps regulates wetlands
           USEFUL TIP

The definition of "dredge or fill" material
may not be obvious. Activities such as
burying powerlines under wetlands, moving
equipment through wetlands, and
dewatering or draining wetlands may be
regulated as dredging and filling activities.
The best approach is to discuss your
project with the local Corps office before
beginning work.
 10-2

-------
                                                   Empower Your Cooperative

            by administering the Section 404 Permit Program for activities that impact
            wetlands.
10.2.1   What Is a Wetland?
                                                         DEFINITION

                                             The legal definition of a wetland is:

                                             "...those areas that are inundated or
                                             saturated by surface or ground water at a
                                             frequency and duration sufficient to
                                             support, and that under normal
                                             circumstances do support, a prevalence of
                                             vegetation typically adapted for life in
                                             saturated soil conditions." (33 CFR Part
                                             328).
 Wetland      Swamps, marshes, fens,
 definition      bogs, vernal pools, playas, and
             prairie potholes are common
             names for wetlands. Many of
             these names reflect local or
             regional conditions and
             terminology and it is therefore
             important to note that not all
             wetlands will be obvious to the
             untrained observer. For
             example, an area can appear
             dry during much of the year
             and still be classified as a
             wetland. Consequently, a qualified wetland scientist must be used to
             identify and delineate wetlands. A knowledgeable consultant will be able
             to delineate wetlands and, if necessary, assist in the permit application
             process. The Corps, however, must review all wetland delineations
             before they become final.

             Wetlands often provide habitat for threatened and endangered species as
             well as a diversity of other plant, wildlife, and fish species. In addition to
             providing habitat, wetlands serve other functions, including: shoreline
             stabilization;  storage of flood waters; filtration of sediments, nutrients, and
             toxic chemicals from water; and serve as recharge and discharge areas
             for ground water.  Destruction of wetlands can result in higher
             downstream water treatment costs and the potential for flood damage
             increases as wetland acreage diminishes.

10.2.2   How Are Wetlands Identified?
Wetland
identification
criteria
            Since 1991, the Corps has required use of the 1987 Corps of Engineers
            Wetlands Delineation Manual (1987 Manual) to identify and delineate
            wetlands within the jurisdiction of Section 404 of the Clean Water Act.
            Wetland delineations made using this manual are often referred to as
            "jurisdictional wetlands." The 1987 Manual contains specific methods for
            determining the presence/absence of the three wetland criteria: hydric
            soils, hydrophytic vegetation, and wetland hydrology (these are defined
            below).  In general, areas that exhibit all three criteria are considered
            jurisdictional wetlands and are regulated by the Corps under Section 404.
                                                                           10-3

-------
Empower Your Cooperative
            It is important to note, however, that in some cases, "atypical" or
            "problem" areas (as defined in the 1987 Manual) may still be classified as
            jurisdictional wetlands despite the absence of one or more criteria.  The
            following section contains a brief summary of each of the three wetland
            criteria.

                •   Hydrology—The most important factor in the formation, and
                   maintenance, of wetlands is water. Water can come from a
                   variety of sources including precipitation, ground water discharge,
                   surface water flow, and tides. Wetlands are often found where
                   water saturates (i.e., water-soaked soil) or inundates (e.g., floods
                   or ponds) soils for an extended  period during the plant growing
                   season. Wetland hydrology data is normally derived from
                   observation, direct measurements such as stream gauge data, or
                   ground water monitoring wells.

                •   Soils—The prolonged presence of water in the soil (a condition
                   typical of many wetlands) reduces the amount of oxygen in the
                   soil. Soils exhibiting characteristics of oxygen depletion, including
                   changes in color and texture, are considered hydric. County soil
                   maps and a list of hydric soils are generally available from your
                   county's U.S. Department of Agriculture Natural Resources
                   Conservation Service (NRCS) office. Nevertheless, proper
                   identification of wetland soils requires digging soil pits and
                   examining the soil profile.

                •    Vegetation—The amount of water and depth of soil saturation
                   during the growing season limits the species of plants that can
                    grow in wetland areas.  Plants that do well in water saturated or
                    inundated wetland soils are known as hydrophytic vegetation.
                    These plants tolerate water-soaked, and oxygen depleted, soils
                    and continue to grow when partially submerged.  Plants not
                    adapted to these wet environments will die, or grow poorly, under
                    wetland conditions.  The U.S. Fish and Wildlife Service (USFWS)
                    publishes a  list of plant species that occur in wetlands and the
                    frequency with which they occur (see Section 10.4).

       Identifying Wetlands Using the National Wetland Inventory Maps

             The USFWS publishes National Wetland  Inventory (NWI) maps for many
             areas of the country. These  maps identifying wetland and deep water
             habitats are superimposed on U.S. Geological Survey 71/a minute
             topographic maps.  Deep water habitats are permanently flooded areas
             generally devoid of vegetation and at least 6.6 feet deep. NWI maps are
             often used in conjunction with other sources of information when
 10-4

-------
                                                   Empower Your Cooperative

            determining the likelihood of wetlands being present on a site. The
            USFWS produces these maps by examining aerial photographs and
            conducting follow-up field investigations; however, these maps may miss
            certain types of jurisdictional wetlands and in some cases the maps
            include water bodies not under the Corps' jurisdiction. Consequently, NWI
            maps cannot be used as the only source to determine if your project area
            contains wetlands. You will still need a qualified wetland scientist to
            conduct a wetland delineation.

10.2.3   What If My Proposed  Project Area Includes Wetlands?
 Who needs a
 Section 404
 permit?
            Because wetlands and the regulations protecting them are dynamic, it is
            important to check with the Corps district office even if you think a General
            Permit (see Section 10.2.4)
            applies to your activity. To ensure	
            compliance with Section 404, the    «^—_—__
            Corps district office may request
            submission of a permit application
            even if your activity may be
                                                          USEFUL TIP
                                                Placement of pilings in waters of the
                                                United States that does not have or
                                                would not have the effect of a
                                                discharge of fill material shall not
                                                require a Section 404 permit.
                                                Placement of pilings for linear projects,
                                                such as bridges, elevated walkways,
                                                and powerline structures, generally
                                                does not have the effect of a discharge
                                                of fill material (33 CFR Part 323.3(c)).
            covered by an existing general
            permit (see Section 10.2.4).

            If your project area includes
            wetlands, the Corps district office
            may also suggest that your
            cooperative retain a consultant to
            delineate wetland boundaries.  In
            addition to conducting the wetland
            delineation, some wetland  consultants (see Section 10.4) can also help
            with the permit application  process.

10.2.4   What Is a Wetland Permit?

            The Corps reviews permit applications pursuant to RHA Section 10 and
            CWA Section 404, and must determine that the project represents the
            least environmentally damaging, practicable alternative, and that the
            project will not be contrary to the public interest. The EPA typically
            provides the Corps with comments on Section 10 and Section 404 permit
            applications, and they have veto authority under Section 404. Permits are
            administered by the Corps  as either Individual or General  Permits.
                                                                           10-5

-------
Empower Your Cooperative

      Individual Permits
                                                  USEFUL TIP - WHERE TO GET
                                                     APPLICATION FORMS

                                              Application forms are available from your
                                              local Corps office. As part of the
                                              application you are required to submit a
                                              detailed description of the proposed
                                              activities and locations (including a detailed
                                              topographic map), names and addresses
                                              of all property owners and lessees whose
                                              property adjoins the impacted wetland,
                                              information concerning activities already
                                              complete, amount of fill material to  be
                                              placed in wetlands, and information about
                                              approvals or denials from other
                                              government agencies.
      Individual Permits are issued
      on a case-by-case basis,
      involve more time and Corps
      involvement than General
      Permits, and are commonly
      required for larger projects.
      Individual Permits require
      submission of an application
      form describing specific
      aspects of the proposed
      activity (see box).

      Once the Corps has reviewed
      the  Individual Permit
      application, they will issue a
      public notice containing
      information necessary to evaluate potential impacts to wetlands. Other
      agencies that can provide comments in response to the public notice
      include USFWS, National  Marine Fisheries Services (NMFS), state and
      local agencies.  Adjacent property owners and the general public may also
      review and comment in response to the public notice. The Corps will
      issue, or deny, a permit based upon the aforementioned comments, their
      own analysis and any required environmental documentation (e.g., an
      environmental assessment or environmental impact statement). After
      determining that the project complies with Section 404(b)(1) guidelines,
      and is not contrary to the public interest, the Corps either issue a permit,
      or issue a permit with conditions (e.g., requiring wetland mitigation). An
      overview of the Section 404 Individual Permit process is depicted in
      Figure 10-1.

General Permits
             General Permits may be issued
             on a state, regional, or
             nationwide basis, and under
             certain conditions eliminate the
             need for an Individual Permit.
             As is the case with Individual
             Permits, General Permits are
             developed in accordance with
             the same public notice
             process.  General permits are
             issued for a period up to five
                                                   USEFUL TIP

                                       An example of a Nationwide Permit (one
                                       form of General Permits) that might be
                                       used by a Cooperative is Nationwide
                                       Permit No. 12 which permits the discharge
                                       of material for utility line backfill or bedding
                                       subject to certain stipulated conditions.

                                       The complete list of Nationwide Permits
                                       can be found in 33 CFR Part 330.
 10-6

-------
                                        Empower Your Cooperative
                           PRE-APPLICATION
                         CONSULTATION WITH
                             THE CORPS
                         PERMIT APPLICATION
                         SUBMITTED TO CORPS
                            PUBLIC NOTICE
                           30 DAY COMMENT
                               PERIOD
                         PUBLIC AND AGENCY
                        COMMENTS EVALUATED
   PUBLIC HEARING
     (OPTIONAL)
   SECTION 404(b)(l)
GUIDELINES EVALUATION
                          ENVIRONMENTAL
                          DOCUMENTATION
                            (IF REQUIRED)
                           PERMIT DECISION
PUBLIC INTEREST REVIEW
                            SECTION 404(g)
                        ELEVATION AND/OR 404(c)
                              EPA VETO
                           PERMIT ISSUED
                             OR DENIED
 Figure 10-1.  Overview of Section 404 Individual Permit Process
                                                                 10-7

-------
Empower Your Cooperative
            years provided that the activities covered by the permit are similar in
            nature and have only minimal impacts (individually and cumulatively) on
            the environment.

            To determine whether your project will require an Individual or General
            Permit, check with your local Corps office.  Your wetland consultant
            should also be able to give you an idea of which type of permit will be
            necessary.

10.2.5 Do I Need Other Permits in Addition to the Section 404  Permit?

       State/Local Permits

            Some state and local
                                                        USEFUL TIP

                                            Some states or local governments may
                                            have stricter wetland regulations than
                                            Section 404, so if your activity does not
                                            require a Section 404 permit (and involves
                                            a wetland) you should still consult with the
                                            appropriate state agency.
        governments have laws
        protecting wetlands. Laws vary
        from those that authorize
        states to acquire and preserve
        wetlands, to 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.

  Permit Conditions and Cross-Cutting Environmental Statutes

other    in addition to state and local approvals or permits, each permit may have
Sutions 9eneral project specific conditions which must be adhered to for the
        permit to be valid. For example, underground utility line projects must
        ensure that trenching and bedding material do not act as a sub-surface
        drain and thereby alter wetland hydrology. Other examples of permit
        conditions for Nationwide Permits (a type of General Permit) include:

                Erosion and Siltation Controls
                Equipment
                Wild and  Scenic Rivers
                Tribal  Rights
                Water Quality Certification
                Endangered Species
                Historic Properties.
 10-8

-------
                                                  Empower Your Cooperative
                                                        USEFUL TIP

                                             Cross-cutting environmental statutes such
                                             as ESA, NHPA, and NEPA may trigger the
                                             requirement for an environmental report
                                             even though your project doesn't impact
                                             wetlands. The trigger for these statutes
                                             generally consists of some type of federal
                                             government involvement such as the
                                             requirement for a Corps permit, easements
                                             through public lands, and receipt of
                                             government loans or other funds.
10.2,6
 Mitigation
 Activities
   To comply with these conditions
   your cooperative will need to
   consider and be familiar with
   cross-cutting environmental
   statutes such as the
   Endangered Species Act (ESA)
   and the National Historic
   Preservation Act (NHPA). The
   ESA is discussed in Section
   10.3. The NHPA protects
   historic properties listed or
   eligible for listing in the National
   Register of Historic Places. To
   comply with the NHPA and related regulations protecting historical and
   cultural resources, you should contact the State Historic Preservation
   Office (SHPO) in the state you are working prior to any ground
   disturbance.

   Another cross-cutting environmental statute that may need to be
   addressed during the Section 404 permit process is the National
   Environmental Policy Act (NEPA).  Compliance with NEPA is triggered by
   involvement with public lands or federal funds and requires some type of
   environmental documentation  such as an Environmental Assessment
   (EA) or Environmental Impact  Statement (EIS).

   The Corps must prepare an EA for every individual and general permit it
   issues. An EIS must be prepared by the Corps for individual permits with
   potential to significantly impact the quality of the human environment. In
   addition, if your cooperative requires an easement through U.S. Forest
   Service, Bureau of Land  Management, or other public lands, some type of
   NEPA documentation will be required from the public land management
   agency. Your cooperative will  participate with the agency in development
   of this documentation. In addition to use of  public land, borrowing funds
   or receiving grants from the federal government for a particular project
   may also require NEPA documentation.

What Is Wetland Mitigation  and Are There Any Wetland
Reporting Requirements?

   In accordance with Section 404 (b)(1) guidelines, wetlands mitigation is
   identified as avoidance, minimization, and compensatory mitigation. The
   Section 404 Program stresses the avoidance of adverse impacts to
   wetlands with the goal of no overall net loss  of wetland functions and
   values. To comply with this no net loss goal, project applicants are often
                                                                          10-9

-------
Empower Your Cooperative
                                                        USEFUL TIP

                                            The most important type of wetland
                                            mitigation is avoidance. Your Cooperative
                                            can probably save considerable time and
                                            money if you can avoid impacting
                                            wetlands.
            required to mitigate for
            unavoidable impacts.
            Mitigation generally includes
            restoration of degraded
            wetlands, enhancement of
            existing wetlands, wetlands
            creation, or, in rare
            circumstances, wetlands
            preservation. Mitigation may
            also require annual monitoring reports and inspections by the Corps to
            ensure that the mitigation is successfully replacing lost wetland functions
            and value.

 Best        Other permit requirements or terms and conditions of receiving a permit
 management   include the use of best management practices (BMPs) during the
 practices     construction phase. Examples of BMPs include avoiding discharges to
            spawning areas during spawning season and requiring heavy equipment
            working in wetlands to be placed on mats (for a list of BMPs refer to 33
            CFR Part 323.4).

            The Corps' interest in your project continues from the permit authorization
            phase through project completion.  Corps employees have the authority to
            inspect permitted activities to ensure that permit obligations are being
            met.  Additionally, members of the public, and representatives of other
            government agencies are encouraged to report suspected Corps permit
            violations (33 CFR Part 326.4).

10.2.7  Evolving Issues

            Several issues related to wetland regulations have generated significant
            discussion among scientists and policy makers. These discussions could
            result in changes to how wetlands are permitted, delineated, and
            regulated. The primary evolving issues for this resource include:

               •  Permits—Nationwide Permits, one type of General Permit (see
                   10.2.4), were recently reissued and some received significant
                   modifications. For example, Nationwide Permit No. 26 (which
                   covers headwaters and isolated waters discharges, see 33 CFR
                   330) will be phased out by the end of 1998. Other general
                   permits can also be modified or revoked at the Corps' discretion
                   so it is best to check with your local Corps office to ensure you are
                   in compliance.
 10-10;

-------
                                                   Empower Your Cooperative

                •   Wetland Identification—Several manuals are available which
                    describe techniques for delineation and identification of wetlands.
                    The Corps and EPA currently use the 1987 manual. Check with
                    your local Corps office to ensure that your projects are delineated
                    with the proper manual.

                •   Clean Water Act Reauthorization—Reauthorization, and
                    associated changes to wetland regulations of the Clean Water Act
                    have been discussed for several years but have yet to occur.
                    This is a politically sensitive topic and the best advice is to keep in
                    touch with your local Corps or EPA office.

                •   Tulloch Ruling—The courts  have been going back and forth on
                    the issue of what constitutes "dredged material," so contact the
                    local Corps office to determine the current definition. As of this
                    writing, the "Excavation Rule" at 33 CFR Part 323.2(d) is in effect.
                    Discharge of dredged material is defined as any addition of
                    dredged material into, including any redeposit of dredged material
                    within, the waters of the United States. It does not include the
                    cutting or removal of vegetation above the ground (e.g., mowing,
                    rotary cutting, and chainsawing) where the activity neither
                    substantially disturbs the root system, nor involves mechanized
                    pushing, dragging, or other similar activities that redeposit
                    excavated soil material (see 33 CFR Part 323.2(d)).

            Policy issues relating to aquatic resources, particularly wetlands, are time-
            dependant and  continually evolving. Check with your contacts at the
            outset of any new project to ensure that your cooperative understands,
            and is in compliance with, the current regulations.

10.3  ENDANGERED SPECIES
 ESA        The Endangered Species Act
 Definitions    (ESA) of 1973, as amended,
            provides for the conservation
            of federally-listed threatened
            and endangered (T&E) species
            of plants, animals and the
            habitats upon which they
            depend.  The FSA also, among
            other things, prohibits the
            unauthorized "taking" of
            endangered animal species
            (see box). Endangered
            species are plants and animals that, without special protection and
            DEFINITION

"Take" is defined in the Endangered
Species Act as harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect
any threatened or endangered species, or
attempt to engage in such conduct. "Harm"
may include significant habitat modification
where it actually kills or injures a protected
animal species by significantly impairing
essential behavioral patterns.

-------
Empower Your Cooperative
            management, are in danger of becoming extinct. Threatened species are
            likely to become endangered in the foreseeable future. In addition to
            protecting these species, the ESA protects designated "critical habitat"
            required for the species' survival and may require consideration of species
            and critical habitats that have been proposed for listing but are not yet
            officially listed.  The U.S. Department of the Interior, Fish and Wildlife
            Service (USFWS) and Department of Commerce, National Marine
            Fisheries Service (NMFS) are responsible for administering the ESA,
            maintaining the T&E species list, as well as listing new species or
            removing species from the list when they recover.  As a general matter,
            USFWS is responsible for terrestrial species and NMFS is responsible for
            marine species.

            Rural Electric Cooperative responsibilities under the ESA depend upon
            whether or not proposed activities occur with federal government
            involvement.  Federal government involvement is triggered when a project
            seeks to cross public lands (e.g.,  utility line easement), receive public
            funds (e.g., loans, grants, cost share), or requires a federal permit (e.g.,
            Section 404 Wetland Permit, see Sections 10.2.3 & 10.2.4). The ESA is a
            complicated statute and your utility may want to develop  a relationship
            with a qualified consultant familiar with local species, habitats and the
            ESA who can assist whenever endangered species issues arise.
            The first part of this section
            addresses how to determine if
            T&E species or their
            designated critical habitat
            occur on your site. This is
            followed by a discussion of the
            ESA consultation process
           USEFUL TIP
This section assumes that your project will
involve some type of ground disturbance or
other activity that could result in a "take" of
T&E animal species. Normal operation of
your Cooperative, other than powerline
              u~~ tu^w, ;~ t~A~r*\              collisions and electrocutions of T&E birds,
             when there is federal              shou,d pot result |n a ,,take,, sjtuation
             involvement in, or control of,
             the project.  A discussion of
             ESA implementation for non-
             federal involvement activities is included. Other species of special
             concern are discussed, and this section concludes with an identification of
             evolving issues.

 10.3.1   How Do I Determine if My Project Has the Potential to Impact
             Endangered Species or Their Critical Habitat?
  USFWS will
  ^ermine     TQ ^ermine if your project may impact federally-listed or proposed T&E
  clearance     species or their critical habitat you should contact the relevant service
  needed *"*   (j-e" USFWS or NMFS) field office in your area to determine if any T&E
 10-12;

-------
       Empower Your Cooperative
    DEFINITION - CRITICAL HABITAT

 "Critical habitat" includes the land, water,
 and/or airspace that is determined, by the
 USFWS or NMFS, to be essential for the
 conservation of T&E species.
 species might occur near your
 proposed activity. Based on
 their knowledge and use of
 T&E databases, the service will
 identify whether any T&E
 species or critical habitat (see
 box) could occur in or near
 your project area. If they
 indicate that T&E species could occur in or near your project area, one
 option may be to arrange for a "clearance survey" to be conducted. A
 clearance survey  involves a field survey of the project area to determine if
 T&E species that  could live there, do live there.  Clearance surveys should
 be conducted by a qualified biologist with an in-depth knowledge of local
 plant and animal species and their habitats.

 If the service does not identify any T&E species or critical habitat in or
 near your project area, you may still want to contact state or local wildlife
 agencies; and where appropriate, complete a clearance survey to confirm
 the presence/absence of any other plant or animal species protected by
 state or agency regulations.  A qualified biologist familiar with federal,
 state, and agency lists of protected species will be able to help you decide
 if a clearance survey is necessary.
            USEFUL TIP

If the service does not identify any listed or
proposed T&E species or critical habitat,
and a clearance survey confirms that no
T&E or other protected species occur in or
near your project area, then your project
has sufficiently considered species of
special concern.
 If the clearance survey finds
 evidence that T&E species or
 critical habitat occur or may
 occur in your project area, and
 may be negatively affected by
 the project, potential next steps
 depend on whether the project
 has any federal involvement
 (i.e., federal loans or other
 funds or use of public lands).
 Section 10.3.2 looks at ESA
 permitting with federal participation and Section 10.3.3 discusses
 permitting for projects with no federal involvement or control.

 It should be noted that these  are very general descriptions of the ESA
 process, provided to give your cooperative some background into the
 issues.  Contact your local USFWS endangered species coordinator or
talk with a qualified consultant to clear up any specific questions relating
to your cooperative's activities.

-------
Empower Your Cooperative
10.3.2 Projects With Federal Involvement
USFWS
Consultation
           USEFUL TIP

The lead federal agency is generally the
agency responsible for authorizing,
permitting, or funding the proposed action.
For example, if your proposed powerline
easement crosses Bureau of Land
Management (BLM) lands, then BLM would
be considered the lead federal agency and
they would be responsible for complying
with ESA.
 Biological
 Assessments
           For projects with federal
           involvement (see box), the lead
           federal agency is responsible
           for consulting with the USFWS,
           where appropriate. Requesting
           a list of any T&E species or
           critical habitat that may occur
           in your project area from the
           USFWS is usually the first step
           in consultation. If the lead
           agency or USFWS determines
           that no T&E species or critical
           habitat occur in or near your project area, then ESA compliance is not an
           issue.

           If the lead agency or USFWS  identifies T&E species or critical habitat in
           or near your project area that may be affected, then the lead federal
           agency will continue consultation and probably prepare a Biological
           Assessment (BA) to determine whether the species are likely to be
           adversely affected by the proposed project.  If, based on the BA, the  lead
           agency and USFWS determine that the proposed project is not likely to
           adversely affect T&E species or critical habitat, then consultation is
           finished.

           If, based on the BA, the lead federal agency or USFWS determines that
           T&E species are likely to be adversely affected by the proposed project,
           your cooperative may want to enter into formal consultation.  Any activity
           found likely to jeopardize the continued existence of T&E species or
           adversely affect critical habitat cannot proceed without implementation of
           avoidance measures or granting of an ESA exemption. Any "take"
           incidental to the activity not posing jeopardy will be authorized by the
           service where measures to minimize take are implemented. A handbook
           titled "Endangered Species Consultation  Handbook" is available from both
            USFWS and NMFS. Additionally, if informal consultation is not
            proceeding at a satisfactory pace, your cooperative may want to request
           formal consultation and its stricter timeline.

10.3.3 Projects Without Federal Involvement

            Under Section 10 of the ESA, incidental take permits are generally
            required when otherwise lawful activities with no federal involvement
            cause a taking of T&E  species.  An example would be a privately financed
 10-14:

-------
                                                   Empower Your Cooperative
                                                          USEFUL TIP

                                                Habitat Conservation Plans allow
                                                USFWS to permit "taking" of
                                                endangered or threatened species
                                                incidental to otherwise lawful activities,
                                                provided the taking is minimized and
                                                mitigated by conservation measures.
cooperative project on private land,
requiring no federal permits. In
such a case, after your consultant
determines that T&E animal
species are present on the site and
that the project may cause a "take,"
you should consider developing a
Habitat Conservation Plan (HCP),
joining in the development of an
HCP already in progress, or participating in an existing HCP.  The HCP
must accompany your incidental take permit application.  The local
USFWS endangered species coordinator or a qualified consultant can
help with HCP requirements.

The primary purpose of the HCP is to ensure that all practicable
monitoring, minimization and mitigation efforts are undertaken to minimize
take of listed species. Mitigation measures may include:  preservation of
existing habitat; enhancement or restoration of degraded or former
habitat; creation of buffer zones around existing  habitat, modifications of
land use practices, and access restrictions.

A complete application for an incidental take permit generally includes the
standard application form (available from your local USFWS office) and
the HCP.  Regulations governing take permits for terrestrial species are
outlined in 50 CFR Part 17; and 50 CFR Part 222 and 223 for marine
species.
10.3.4 Other Species of Special Concern
 Habitat
 Conservation
 Plan
                                                         USEFUL TIP

                                               "Species of special concern" is often
                                               used to identify plant and animal
                                               species protected by individual state
                                               and agency regulations but not
                                               necessarily protected by the ESA.
While the ESA only applies to
T&E species listed in 50 CFR
Part 17 or species proposed to
be listed, and their critical habitat
or proposed critical habitat, some
state and federal government
agencies maintain their own lists
of protected species. The list of
species protected under the ESA
may be redundant with, a subset of, or more extensive than plant and
animals species identified for protection by state and other federal
agencies. Plant and animal species identified for protection by state or
other federal agencies are often referred to as species of special concern
(see box). Consultation with all natural resource agencies with jurisdiction
over your project is prudent.

-------
Empower Your Cooperative  asss=ss5ss^^^^^=BS5=s^^=:^^^^=;^^^i

10.3.5   Evolving Issues

      Private Landowner Issues

            USFWS is developing a "safe harbor" program, whereby incidental take of
            listed animal species is authorized as an incentive for conservation.
            Under this program, take is authorized provided the landowner supports
            species conservation efforts in the near-term, and the species population
            does not later drop below the level at the time the landowner enters the
            program should the landowner decide to change land-use practices.

            The "No Surprises" policy is another new aspect of endangered species
            protection on private land.  Under this policy, private landowners
            participating in the ESA through HCP efforts are assured that no new land
            restrictions or financial compensation will be required for species
            adequately covered by an approved HCP regardless of unforeseen future
            circumstances. This means that as long as the landowner make a good
            faith effort to  abide by the approved HCP, the service will provide long-
            term predictability for your operations.

      "Candidate" Species

            The USFWS' regular "Notice of Review" presents an updated list of
            species that are regarded as candidates for possible listing under the
            ESA.  While candidate species receive no statutory protection under the
            ESA, these species can become listed at any time and familiarity with
            candidate species in your project area will allow you to both protect them
            and prevent delays should they become listed. The 1996 Notice of
            Review contained 182 candidate species.  The USFWS endangered
            species Internet home page (see 10.4.3) provides a list of these candidate
            species.

10.4  RESOURCES

10.4.1 Bibliography

            Environmental Laboratory. 1987. Corps of Engineers Wetlands
            Delineation Manual.  Technical Report Y-87-1, U.S. Army Engineer
            Waterways Experiment Station, Vicksburg, Miss.

            U.S. Fish and Wildlife Service.  1988.  National List of Plant Species that
            Occur in Wetlands: 1988 National Summary. Biological Report 88(24),
            September 1988.
 10-16:

-------
                                                Empower Your Cooperative
           Yocom, T.G., R.A. Leidy, and C.A. Morris.  1989. "Wetlands Protection
           through Impact Avoidance:  A Discussion of the 404(b)(1) Alternatives
           Analysis." Wetlands, Volume 9(2):283-297.

10.4.2 Federal Agency Contacts

           U.S. Fish and Wildlife Service
           Division of Endangered Species
           Mail Stop 452ARLSQ
           1849 C Street, NW
           Washington, DC 22040
           (703)358-2171

           U.S. National Marine Fisheries Service
           Office of Operations Management and Information
           1315 East-West Highway
           M/S SSMC3
           Silver Spring, MD  20910
           (301)413-2239

           U.S. Environmental Protection Agency
           Mail Stop 4502F
           401 M Street, SW
           Washington, DC 20460
           Wetland Hotline: (800) 832-7828

           U.S. Army Corps of Engineers
           CECW-OR
           20 Massach usetts Aven ue, NW
           Washington, DC 20314
           (202)761-0199

10.4.3 Internet Resources

           •   Code of Federal Regulations - http://law.house.gov74.htm

           •   National Wetlands Inventory - http://www.nwi.fws.gov/

           •   United States Fish and Wildlife Service - http://www.fws.gov/

           •   United States Environmental Protection Agency - http://www.epa.gov/

           •   United States Army Corps of Engineers - http://wetland.usace.mil/

           •   U.S. Fish and Wildlife Service endangered species home page-
               http://www.fws.gov/~r9endspp

-------
Empower Your Cooperative
10.4.4 Professional Organizations
              Society of Wetland Scientists
              Association of State Wetland Managers, Inc.
10-18;

-------
            ^=^^=^==^^  Empower Your Cooperative

             CHAPTER 11 - TABLE OF CONTENTS
11.  HOW DO I MANAGE AGRICULTURAL HERBICIDES/
    PESTICIDES USED AT MY COOPERATIVE? 	11-1

    11.1   WHEN APPLICATION IS CONTRACTED 	11-1
    11.2   WHEN THE COOPERATIVE APPLIES PESTICIDES .11-3
          11.2.1   Pesticide Storage  	11-3
          11.2.2   Application or Use of Pesticides	11-4
          11.2.3   Post-application Clean Up and Pesticide
                  Disposal  	11-5
          11.2.4   Pesticide Use/Applicator Training	11-5
          11.2.5   Recordkeeping  	11-6
    11.3   RESOURCES	11-6
          11.3.1   References	11-7

-------

-------
   11. HOW DO I MANAGE AGRICULTURAL HERBICIDES/
           PESTICIDES USED AT MY COOPERATIVE?
            Many rural electric cooperatives may at some time store, apply (or have
            applied), and dispose of pesticides. Herbicides can be used to eliminate
            or inhibit tree and weed growth around power lines and cooperative
            facilities, while insecticides may be used to control insects at cooperative
            facilities. Although the Federal Insecticide, Fungicide and Rodenticide Act
            (FIFRA) primarily regulates the manufacture and registration of pesticides,
            consequences for not complying with FIFRA also exist for pesticide users.
            The pesticide regulations can be found at 40 CFR Part 150. 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. Under FIFRA, it is considered
            illegal to use a pesticide in a manner inconsistent with its labeling.  While
            application and handling of pesticides are product-specific, a cooperative
            can be held responsible if any pesticides applied on their property is
            misapplied or mishandled.

            This chapter discusses good practices for rural electric cooperatives to
            ensure that pesticides are not misused.  It is divided into two sections, one
            that discusses considerations for electrical cooperatives that contract out
            their pesticide applications, and one that discusses considerations for
            electrical cooperatives that apply their own pesticides. Excess pesticides
            that must be disposed may, in some cases, be considered hazardous
            waste, and must be managed accordingly. A discussion of the
            requirements for managing hazardous wastes and substances are
            provided in Chapter 3 (wastes) and Chapter 6  (substances).

11.1   WHEN APPLICATION IS CONTRACTED
            While some cooperatives may
            elect to hire a contractor for all
            of their pesticide applications,
            all cooperatives may have to
            contract out pesticide
            applications at one point or
            another. Under FIFRA, some
            pesticides deemed by EPA to
            have high toxicity or to pose
            particular environmental
            hazards may only be applied
            by certified pesticide applicators. These are referred to as restricted use
            pesticides (RUPs). Pesticide labels will clearly state whether a particular
            pesticide is restricted use only.  Unless a cooperative chooses to certify
           USEFUL TIP

When a pesticide is applied by a
contractor, the contractor and the person
contracting for the service may be held
responsible for pesticide misuse. To avoid
hazards to humans or environmental
damage, a cooperative should at all times
ensure that a pesticide is properly applied.
                                                                         11-1

-------
Empower Your Cooperative
Use best
management
practices
Monitor the
contractor's
work
Minimize
spray drift
             some employees in pesticide application, applications of restricted use
             pesticides will require the use of a contractor.
                                  USEFUL TIP - SELECTING PESTICIDES

                                 Your local agricultural cooperative or
                                 extension 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.
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 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 as those that require the minimum amount of
active ingredient to be applied to control a problem.
Cooperatives should always verify that their contractor 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.

One source of environmental contamination from pesticides is drift of
liquid or dust pesticides onto areas not intended for application. In
addition to possibly contaminating water sources, pesticide spray drift can
kill trees, plants, or insects not intended to be treated. Whether the
cooperative or a contractor is applying a pesticide,  several methods can
be used to minimize  spray drift. These include:

    •  Using pesticides formulated in granules or  pellets;

    •  Adjusting spray equipment to optimize droplet size;

    •  Releasing pesticides as close to the target as possible; and

    •  Never applying pesticides during windy conditions that increase
       the chance of pesticides drifting away from the target.
11-2

-------
^^=^=^=^=^=^=^=^^=s^=:^=^=5  Empower Your Cooperative

 11.2  WHEN THE COOPERATIVE APPLIES PESTICIDES
             For pesticides that are not
             restricted use, your cooperative
             may purchase, store, apply,
             and dispose of the pesticides.
             This section discusses
             considerations for storage,
             application, and disposal of
             pesticides that can be used by
             rural electric cooperatives, and recordkeeping of those applications.
                                             USEFUL TIP

                                 The most important consideration when
                                 dealing with pesticides that you apply
                                 yourself is that the label directions must be
                                 adhered to at all times.
 11.2.1 Pesticide Storage
Storage site
recommend-
ations
             The EPA has published
             recommendations for storage
             of pesticides (U.S. EPA 1991).
             While these storage
             procedures are not mandatory,
             they are recommended as
             useful guidelines for safe
             pesticide storage. In addition,
             storage conditions may be
             listed on the pesticide label.
                                             USEFUL TIP

                                 The EPA storage guidelines for pesticides
                                 provide that, in general, persons in
                                 possession of excess pesticides should
                                 either store them for future use, or attempt
                                 to return them to the manufacturer for
                                 relabeling or reprocessing.
Storage sites should be chosen to minimize potential environmental
impacts. Pesticides should be stored in facilities separate from other
chemicals and processes for a cooperative. This minimizes both fire and
release hazards.  Pesticides should not be stored in areas susceptible to
flooding or where the characteristics of the soil at the site allow leaching
into ground water. Storage facilities should be dry, well ventilated, and
secure. Floors should be made of impermeable materials (e.g., concrete)
with curbs and a sump to deal with accidental spills or leaks. Stored
pesticides should be well-labeled, segregated (i.e., the same pesticides
should be stored together separated from other pesticides), and stored off
of the ground. Further precautions include using appropriate warning
signs, regular inspection of stored containers for corrosion and leakage,
and protective, fire extinguishing, and decontamination equipment kept at
the storage site.
                                                                            11-3

-------
Empower Your Cooperative
11.2.2 Application or Use of Pesticides
 Amounts
 to use
 Use of
 mixing pads
 Mixing pad
 precautions
 Locating
 mixing pads
 Worker
 Protection
 Standards
 (WPS)
                                     POLLUTION PREVENTION TIP

                                 Cooperatives should try to order only the
                                 amounts of pesticides needed at the time
                                 of application. Manufactures may allow a
                                 cooperative to return unused or unopened
                                 products.
FIFRA requires that every
pesticide be registered and
labeled with both the
appropriate application
methods and the appropriate
amounts to be used in a
particular application.  To
minimize potential
environmental impacts, the
minimum application rate that is effective should always be used.  It is a
violation of FIFRA to apply a pesticide in a manner inconsistent with its
label. Therefore, a cooperative should carefully read the label of any
pesticides used and use the amounts specified by the label. Section
2(ee) of FIFRA does allow for some variances to the label requirements.

Pesticide application includes mixing and  application of the pesticide.
Mixing should be conducted at a mixing site where structures exist to
contain any spills.  These structures can be permanent, as in a concrete
mixing pad with curbs, or temporary, as in portable plastic pads.
Temporary pads can be used to minimize spills if pesticides are mixed at
the application site. Permanent pads can be covered to minimize
pesticide migration in rain or snow that would fall on an uncovered pad.

Pesticide applicators should prevent flow  back into the water source as
pesticides are mixed to prevent contamination of the water source. This
can be done  by keeping hoses above the water line in the mixing tank,
maintaining a six-inch air gap between the hose and the sprayer tank,
installing anti-backflow devices on all pipes leading to pesticide storage
and mixing areas, or using a closed handling system to mix pesticides.

Mixing and loading pads should be located at more than minimum
distances away from surface water, wells, fuel tanks, public roads,
property lines, water lines, and adjacent buildings. These distances are
generally specified by the State, and cooperatives should check with the
State before constructing mixing or loading sites.
EPA has issued guidance on pesticide worker protection (EPA, 1994) that
specifies additional requirements for training, protective equipment, and
posting of warning signs associated with an application.  Cooperatives are
not subject to these guidelines, but should observe them as pesticides are
applied.
11-4

-------
•=S^^^=S5^^^=^^=^^=^^=!^==:^   Empower Your Cooperative

 11.2.3 Post-application Clean Up and Pesticide Disposal
                                                          USEFUL TIP

                                                Many applicators are now accepting
                                                plastic pesticide containers for
                                                recycling, or they may provide reusable
                                                containers that can be refilled.
            After pesticides are used,
            application equipment must be
            cleaned and empty containers
            disposed of. Liquid pesticide
            containers may be triple rinsed
            and disposed of in municipal solid
            waste landfills.  Dry chemical bags
            should always be emptied
            completely.  If permitted by the pesticide label, these bags may be burned
            where the pesticide is applied if that site is far enough away from
            populated areas.  Otherwise, they may be disposed of in a licensed landfill
            or incinerator (see Chapter 3).

            All mixing pads should be cleaned at the end of each application to
            ensure that pesticides do not migrate from the pad during periods when
            application is not occurring. The rinse water from the cleaning, if not
            reused, may be considered hazardous and should be disposed of
            accordingly (see Chapter 3). Rinsates from equipment, mixing/loading
            pads, or pesticide containers may be applied to the use area if permitted
            by the pesticide label. Otherwise, they may be considered hazardous and
            should be disposed of accordingly (see Chapter 3).
                                                          USEFUL TIP

                                                Be sure to ask the disposal facility you
                                                contract with if they are licensed to
                                                accept the type of pesticide wastes you
                                                are disposing.
            Disposing of unused pesticides
            depends on the type of pesticide.
            Organic pesticides (excluding
            organic mercury, lead, cadmium
            and arsenic) may be incinerated in
            pesticide incinerators if permitted
            by the pesticide label.  Metallo-
            organic pesticides and inorganic
            pesticides (including organic mercury, lead, cadmium and arsenic) require
            special treatment to recover heavy metals or deactivate the pesticide
            residues.  If such treatment is unavailable, metallo-organic pesticides may
            be disposed of in a landfill specially licensed for this purpose. Inorganic
            pesticides (including organic mercury, lead, cadmium and arsenic) must
            be encapsulated before disposal at a properly licensed facility.

11.2.4 Pesticide Use/Applicator Training
  Restricted
  Use
  Pesticides
            As noted in Section 11.1, certain pesticides are classified by the EPA as
            restricted use based on toxicity or environmental hazard. These
            pesticides may be applied only be a licensed applicator.  EPA sponsors a
                                                                            11-5

-------
Empower Your Cooperative
            Pesticide Applicator Training Program that is administered by the States,
            largely through local extensions or agricultural cooperatives. These local
            agencies should be contacted to receive training in pesticide application to
            become a licensed applicator.

other        Pesticide worker protection standards promulgated by the EPA require
pesticides     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.

11.2.5 Recordkeeping

            Best management practices for pesticides include keeping accurate
            records of use and storage.  Records of use are necessary to track when
            the next application should occur to control weed or pest problems.
            Frequency of application is determined by label directions.  Records of
            pesticides stored allow for inventory management, so that oldest
            pesticides can be  used first, and so that excess pesticides are not
            purchased and stored.  In addition, accurate recordkeeping for pesticide
            storage can be crucial in the event of an accidental spill or fire, so that
            emergency responders can know exactly the hazards posed.

11.3  RESOURCES

            Local agricultural extensions (often run through universities) or
            cooperatives  will provide the best source of information on the proper use
            and storage of pesticides, as well as  for training for pesticide application.
            In some States, a State agency is responsible for the training. In addition,
            there is the EPA Agriculture  Compliance Assistance Center, which can be
            reached at:

               Agriculture Compliance Assistance Center
               726 Minnesota Avenue
               Kansas City, KS  66101
               (913) 551-7207-phone
               (913) 551-7270-fax
               http://es.inel.gov/oeca/ag/aghmpg.html

            Additional guidance may be available from the National Pesticide
            Telecommunication Network at 1-800-858-7378.
11-6

-------
                             =^==  Empower Your Cooperative

11.3.1 References

           Markley R.W., 1997. KahHtna Pesticide Record Keeping Database,
           available at http://www.maine.com/users/rmarkey/agprog.html

           U.S. EPA, 1994.  Worker Protection Inspection Guidance.  EPA 722-B-94-
           002, Office of Prevention, Pesticides and Toxic Substance, January 1994.

           U.S. EPA, 1991.  FARMFERT.  Computer software providing guidance on
           proper handling and storage of pesticides, available at
           http://www.epa.gov/grtlakes/seahome/farmpest.html
                                                                      11-7

-------

-------
^^=^^^=^^^^^=^^=^=   Empower Your Cooperative

             CHAPTER 12 - TABLE OF CONTENTS


 12. HOW DO I COMPLY WITH AIR REGULATIONS?  	12-1

    12.1    WHAT ARE THE OPEN BURNING REQUIREMENTS? 12-2
    12.2    AIR TOXICS  	12-3
           12.2.1  Are My Cooperative's Degreasing Operations
                 Regulated?	12-4
                 Cold Cleaners	12-6
                 Notification Requirements	12-8
    12.3    WHAT ARE THE REQUIREMENTS FOR OZONE-
           DEPLETING COMPOUNDS?	  12-8
    12.4    HOW ARE ODORS REGULATED 	12-9
    12.5    AIR PERMITS	12-10
           12.5.1  Title V Operating Permits	12-11
           12.5.2  Federal Construction Permits  	12-12
           12.5.3  Minor Source Permits  	12-13
           12.5.4  Permit Application Process 	12-14
    12.6    FUELS AND FLEETS	12-15
    12.7    RESOURCES	12-16
                                                     12-i

-------

-------
12.  HOW DO I COMPLY WITH AIR REGULATIONS?
      If you maintain your
      cooperative's vehicles, service
      air conditioning units at your
      cooperative, burn trash,
      operate emergency diesel
      generators, or use painting
      booths, you probably have
      responsibilities for managing
      air emissions from these
      activities, and for obtaining
      permits to emit certain contaminants as a result of those activities. These
      requirements are included in the amendments to the Clean Air Act (CAA),
      passed by Congress in 1990.
                                                    DEFINITION - SOURCE

                                             Most federal and state air pollution
                                             regulations govern pollutants coming from
                                             "sources." A source is defined in the
                                             federal rules as any building, structure,
                                             facility or installation which emits or may
                                             emit any air pollutant.
      The CAA Amendments address seven major areas of air pollution control,
What are the
AmeHdAmente?  often referred to by their section (title) in the Act.
             Title I establishes stricter air pollution control requirements for
             geographic areas in the United States which have not attained
             compliance with National Ambient Air Quality Standards
             (NAAQS). Areas that are "nonattainment" for one or more of the
             primary or secondary standards must achieve compliance by the
             dates specified in the CAA.

             Title //addresses pollution from mobile sources (i.e., tail-pipe
             emissions).  Included in this title are requirements for the use of
             reformulated fuels and  low emission fleet vehicles in
             nonattainment areas.

             Title III deals with the control of air toxics. This title establishes
             requirements for the emission of 189 hazardous air pollutants
             (HAPs).

             Title IVestablishes requirements for power plants aimed at
             controlling acid deposition (acid rain).

             Title V provides for states to issue federally enforceable operating
             permits for certain major stationary sources (see the above box
             for the definition of "source"). The requirements of this title
             complement state permitting regulations.

             Title VI deals with use and emission of ozone-depleting
             compounds. Provisions include acceptability of substitutes,
             equipment registration,  and technician certification.
                                                                     12-1

-------
Empower Your Cooperative
                •   Title VII revises the enforcement provisions of previous CAA
                    amendments.  It strengthens penalties and allows USEPA
                    inspectors to issue field citations similar to the issuance of traffic
                    tickets. EPA already has developed many of the regulations
                    required by the Amendments, with additional  rules to be added
                    over the next several years.

            The federal air pollution regulations developed as a result of the 1990
            CAA amendments are found  in Subchapter C within Title 40 of the Code
            of Federal Regulations (40 CFR). The regulations start with Part 50 (40
            CFR 50) and currently end at Part 95.  Parts 96-99 are empty but
            reserved for future air pollution regulations. A complete list of the parts in
            Subchapter C, as well  as most of the regulations, can be accessed on the
            Internet at http://www.epa.gov/docs/epacfr40.
             For most of the rules (such as
             permitting requirements, see
             Section 12.5), the CAA is set
             up for states to become the
             primary agencies for
             compliance. Additionally,
             regional, state, county, tribal,
             and local governments can
             adopt regulations that are more
             stringent (e.g., regulating a
             pollutant at a lower
             concentration than the federal rules) or broader in scope (e.g., regulating
             additional pollutants, such as odors). It is important, therefore, to contact
             these organizations when determining your cooperative's compliance with
             air regulations.

 12.1   WHAT ARE THE OPEN BURNING REQUIREMENTS?
                                            USEFUL TIP

                                 Make sure that your cooperative is
                                 considering federal, state, and local
                                 regulations when determining compliance
                                 with air pollution rules. Establishing a
                                 dialogue with the agencies responsible for
                                 these regulations often leads to improved
                                 understanding and compliance."
  Who
  regulates
  open
  burning?
Open burning is not regulated
by the CAA.  It is up to
individual state, county, tribal,
and local governments to
regulate the open burning of
materials, such as brush,
garbage, building materials,
and tires. Regulations
addressing open burning can
vary considerably.  Many
states prohibit the open
burning of materials such as garbage, tires, and petroleum wastes, and do
            DEFINITION

Open burning usually means the burning of
any material in such a way that smoke,
ash, and other pollutants are released to
the air without passing through a stack,
duct, or chimney. "Burn barrels," "burn
pits," and trash piles are three common
ways that open burning occurs.
 12-2

-------
                                                    Empower Your Cooperative
             not allow burning in order to
             salvage materials (such as
             burning wire to remove the
             insulation prior to recycling the
             metal).  Some states (including
             New York and New Mexico)
             allow open burning only after a
             permit has been obtained.
             Other states (including Ohio
             and West Virginia) require
             notification and  approval prior to open burning in some instances. Most
             states prohibit open burning during declared episodes of high air pollution
             (smog alerts). Since the rules vary from state to state, and even within
             different areas of a state, it is a good idea to contact your state and local
             air pollution authorities prior to doing any open burning.
                                              USEFUL TIP

                                  The burning of wood treated with
                                  preservatives, such as creosote,
                                  pentachlorphenol, and metals should be
                                  avoided. Combustion of treated wood
                                  releases pollutants to the air through
                                  smoke and to the land through ash.
12.2  AIR TOXICS
                                                        USEFUL TIP

                                           The list of HAPs, as well as other useful
                                           information on air regulations can be accessed
                                           on the Internet at http://www.epa.gov/ttn/uatw.
                                           By comparing the ingredients listed on the
                                           material safety data sheets (MSDSs) for the
                                           materials your cooperative uses, to the list of
                                           HAPs, you can determine whether you have
                                           HAPs at your site.
Title III of the CAA
amendments requires EPA
to regulate the emission of
189 hazardous air
pollutants (HAPs) (see
box). HAPs include many
solvents, which are likely to
be the most common cause
of air emissions for rural
electric cooperatives.

Title III of the CAA
Amendments also directs
EPA to develop standards
that require the application
of maximum achievable
control technology (MACT)
to all major sources of
HAPs. A "major source" of
HAPs is defined as emitting
10 tons annually or more of
any individual listed HAP or
25 tons or more annually of any combination of listed HAPs. Although it is
unlikely that a non-power-generating cooperative would release these
quantities of HAPs, your cooperative should review its operations and
determine your emissions levels from all sources (see box for information
on making this  determination).
                                                        USEFUL TIP

                                           One resource that is useful in determining your
                                           cooperative's emission levels is the
                                           "Compilation of Air Pollutant Emission Factors,"
                                           commonly referred to as AP-42.  AP-42
                                           contains emission factors for various stationary
                                           sources (Volume 1) and mobile sources
                                           (Volume 2). AP-42 is available online at
                                           http://www.epa.gov/ttn/chief.
                                                                             12-3

-------
Empower Your Cooperative
            If your cooperative has emissions of HAPs in excess of the limits (also
            known as threasholds) listed above, you are considered by EPA to be a
            "Major Source," and federal regulations require you to have a major
            source operating permit.  These are discussed in Section 12.5.1. Even if •
            your cooperative's emissions do not exceed the federal HAPs limits, your
            state may have lower emissions limits which, if you exceed, could make
            you a "Minor Source," and you may be required by your state to obtain a
            minor source permit.  These are discussed  in Section 12.5.3. If you
            review your operations and identify emissions levels in excess of federal
            or state limits, contact the appropriate air pollution control authority
            (usually the state environmental protection agency) for compliance
            requirements.

12.2.1 Are My Cooperative's Degreasing Operations Regulated?

 Types of     ln order to understand which regulations apply to your degreasing
 machines     operations, it is important to determine which types of solvent cleaning
            machines are present at your facility.  The CAA regulations distinguish
            between "new" and "existing" solvent cleaning machines. Any solvent
            cleaning machines that were constructed or reconstructed after November
            29,1993 are defined as new .  Machines that were constructed or
            reconstructed on or before November 29, 1993 are defined as existing.
            An "existing" solvent cleaning machine may be moved within the same
            facility or moved to another facility owned by the same cooperative and
            still be considered existing.

            Most solvent cleaning machines are one of two types. Batch cleaning
            machines process an individual part or set of parts through the entire
            cleaning cycle before new parts are added.  In-line (continuous) cleaning
            machines use an automated parts handling system to continuously move
            parts through the cleaning process. Each of these types of machines is
            further distinguished by physical state  of the solvent performing the
            cleaning. Vapor cleaning machines use the vapors from boiling solvent to
            perform the cleaning. Cold cleaning machines use liquid solvent in the
            cleaning process. Cold cleaning machines are further divided into
            immersion and remote reservoir machines.  In immersion cold cleaning
            machines, parts are completely submerged in the solvent. Remote
            reservoir cold cleaning machines pump liquid solvent to a "sink-like" work
            area that drains solvent back into the enclosed solvent reservoir.

            The most common types of solvent cleaning machines are remote
            reservoir and immersion batch cold cleaning machines. Consequently,
            this document focuses on these machines.  In-line and vapor cleaning
            machines, on the other hand, are not  typically used by cooperatives. The
 12-4

-------
                                       Empower Your Cooperative

regulations governing the design and use of these units are more complex
than those for batch cold solvent cleaning units. If your cooperative has
in-line or vapor cleaning machines, contact the USEPA Regional Air
Toxics Coordinator for your region. Contacts for each Region can be
found under "EPA Programs and Contacts" on the Internet at
http://www.epa.gov/ttn/uatw.
                                           USEFUL TIP

                              Two documents that are useful for complying
                              with regulations covering degreasing
                              operations are "Guidance Document for the
                              Halogenated Solvent Cleaner NESHAP," EPA-
                              453/R-94-081 and National Emission
                              Standards for Halogenated Solvent Cleaning:
                              Summary of Requirements for Implementing
                              the NESHAP, EPA-456/R-96-005]
Solvent emissions from
degreasing or parts
cleaning operations are one
type or category of
emissions sources for
which the release of HAPs
is regulated.  The federal
rules governing solvent
emissions from degreasing
operations are found in 40
CFR 63.460. Emissions
from your new and existing degreasing operations are subject to federal
regulations, if your activities include both of the following (even if your
emissions do not exceed the major source emission thresholds for listed
HAPs - see above):

    •   Your cooperative uses cold (non-boiling) or vapor solvent cleaning
        machines.

    •   In those machines, your cooperative uses solutions that contain
        one or a combination of the following chemicals at concentrations
        more than five percent, by weight:
           Methylene chloride,
           75-09-2.

           Perchloroethylene
           (also called "perc" or
           tetrachloroethylene),
           127-18-4.

           Trichloroethylene
           (also called "trie"),
           79-01-6.
                                            USEFUL TIP

                                 The number following each chemical name
                                 on the left is the Chemical Abstracts
                                 Service (CAS) registry number. The CAS
                                 registry number is an excellent way to
                                 compare chemicals listed on MSDSs to
                                 these and other regulated compounds.
       •  1,1,1-trichloroethane, 71-55-6.

       •  Carbon tetrachloride, 56-23-5.

       •  Chloroform (also known as trichloromethane), 67-66-3.
                                                                12-5

-------
Empower Your Cooperative
 How to
 avoid being
 regulated
The federal regulations can be avoided by switching to degreasing
solutions that do not contain greater than five percent by weight of any
individual or combination of these solvents.  Check the material safety
data sheets for your degreasing solutions for possible replacements, and
find out whether those,replacements contain the above solvents below the
threshold concentrations.  When in doubt, call the solvent manufacturer.
 State
 regulation
 of solvent
 emissions
Even if the federal
regulations do not apply to
your degreasing operations,
there may be state rules that
must be considered.  Many
states require permits for the
installation and operation of
solvent cleaning machines
(see discussion of minor
source permits in Section
12.5.3-below). The
conditions of the permit often
include compliance with
state counterparts of the
federal requirements
described in this section.
            USEFUL TIP

Many of the commercially available parts
washer services (where a company
provides the solvent cleaning machine and
replaces/replenishes the solvent as a
contracted service) have revised
formulations that do not contain solvents
above federal threshold concentrations
identified in this section. Nonetheless,
state regulations may require these units to
be permitted and operated in specific ways.
Contact both the solvent supplier and the
state environmental protection agency to
discuss the implications of using the
service, including any required permits.
             Some states may require an individual permit for each unit, while others
             may allow each unit to be identified in a site-wide permit.  It is important to
             contact the state  environmental protection agency to discuss the
             applicability of state regulations to your cooperative's solvent emissions.
       Cold Cleaners
Design
require-
ments for
batch cold
solvent
cleaning
machines
 If your cooperative is using an immersion batch cold solvent cleaning
 machine, the following requirements must be met:

    •   The machine must have a tight fitting cover that is closed at all
        times except during entry and removal of the parts to be cleaned.

    •   There must either be a  1 -inch layer of water floating on the
        surface of the solvent, or the distance from the top of the solvent
        to the top of the solvent reservoir (also called the freeboard) must
        be 75 percent or more of the smallest interior dimension of the
        reservoir (e.g., length, width, or diameter).  There are additional
        requirements for machines using the freeboard approach, which
        are discussed below.
 12-6

-------
Work and
operational
practices in
batch cold
solvent
cleaning
machines
                                      Empower Your Cooperative

    •   A compliance report must be submitted to EPA (within 150 days
       after startup of a new machine or by May 1, 1998 for an existing
       machine) that includes the following information:

       •  Name and address of the owner or operator.

       •  Address (physical location) of the solvent cleaning
           machine(s).

       •  A statement signed by the owner or operator
           stating that the solvent cleaning machine(s) is in
           compliance.

       •  The compliance approach for each machine.

If your cooperative is using a remote reservoir batch cold solvent cleaner
(where solvent is pumped from a reservoir onto the parts and then drains
back into the reservoir via a sump), the unit must have a tight fitting cover
over the sump, and the cover must be closed when parts are not being
cleaned.  The following work and operating procedures for such machines
must be followed:

   •   All waste solvent must be collected and stored in closed
       containers.

   •   Any flushing of parts must take place within the freeboard area of
       the machine.
   •   Cleaned parts must be drained for 15 seconds or until dripping
       stops, whichever is longer.

   •   The solvent level must not exceed the fill line on the unit.

   •   Spills during solvent transfer must be immediately wiped up, and
       the spill cleanup material must be stored in a closed container. If
       the solvent is hazardous, the spill cleanup material may be
       regulated as a hazardous waste,  requiring specific storage and
       disposal practices. See Chapter 3 for information on hazardous
       waste management.

   •   There must not be splashing of solvent when the unit is operating.

   •   Drafts greater than 132 feet per minute (11/2 miles per hour) must
       not be present when the unit is open.

   •   Sponges, fabric,  wood, or paper products must not be cleaned.
                                                                        12-7

-------
Empower Your Cooperative
      Notification Requirements

            Operators of new and existing cold or vapor solvent cleaning machines
            using any of the above listed solvents must submit an initial notification to
            EPA. The initial notification for new machines, where construction or
            reconstruction began after December 2, 1994, is due as soon as possible
            before starting construction or reconstruction of the machine(s). The
            initial notification report for existing machines and new machines that
            commenced construction or reconstruction prior to December 2, 1994 are
            past due to EPA. The initial notification report for existing machines must
            include the following:

                    Name and address of the owner or operator.
                    Address (physical location) of the  solvent cleaning machine(s).
                    A brief description of the machine(s),  including control devices.
                    The date of installation (for existing machines).
                    The anticipated compliance approach for each machine.
                    The estimated annual solvent consumption for each machine.

            The initial notification for new machines must include the information
            listed under the general application requirements of §63.5(d)(1) and the
            following:

                •   A description of each solvent cleaning machine, including control
                    devices.

                •   The anticipated compliance approach for each machine.

                •   An estimate of annual solvent consumption for each machine.
 12.3   WHAT ARE THE REQUIREMENTS FOR OZONE-DEPLETING
        COMPOUNDS?
             EPA has established
             regulations governing the
             repair of equipment
             containing ozone-depleting
             compounds, including
             chlorofluorocarbons (CFCs)
             and hydrochloro-
             flourocarbons (HCFCs).
             Cooperatives that service
             motor vehicle air
           USEFUL TIP

Class I and Class II ozone-depleting
compounds include those substances
recognized by EPA as having the worst
effect on the ozone layer. The most
current list of these compounds can be
accessed on the Internet at
     http://www.epa.gov/ozone.ods.
 12-8

-------
                                                  Empower Your Cooperative

            conditioners (MVACs) and MVAC-like appliances (such as air conditioning
            units on construction equipment) are subject to these regulations. The
            regulations are designed to minimize the release of ozone-depleting
            compounds and encourage their recycling. They require the following:

                •  Personnel servicing the equipment must be trained and certified
                   by an EPA-approved certifying organization (contact the
                   Stratospheric Ozone  Information Hotline at 800-296-1996 for a
                   current list of certifying organizations).

                •  Personnel servicing the equipment may not knowingly vent or
                   release any Class I or Class II ozone-depleting compounds (see
                   box) that are being used as refrigerants,  including the common
                   automotive refrigerant CFC-12.  Class I or Class II ozone-
                   depleting compounds must be recovered or recycled.

                •  The design of recovery and recycling equipment must be
                   approved by an organization  recognized  by EPA for this purpose
                   (such as Underwriters Laboratory).

                •  A "MVAC Recover/Recycle or Recover Equipment Certification
                   Form" must be completed and mailed to EPA at the  address listed
                   on the form (forms can be obtained by fax from the Stratospheric
                   Ozone Information Hotline).

            Equipment other than MVAC and MVAC-like appliances, such as room
            and building air conditioners, are subject to similar,  but slightly different
            regulations. If your cooperative performs this type of service, additional
            information on personnel and equipment requirements can be obtained by
            contacting the Stratospheric Ozone Information Hotline (800-296-1996).

            Section 612 of the CAA requires EPA to establish a program to identify
            alternatives to Class I and II substances and to publish lists of acceptable
            and unacceptable substitutes. To date, there are several acceptable
            alternatives for use as CFC-12 replacements in MVACs. Also, EPA has
            developed guidance on retrofitting R-12 air conditioning systems to use an
            alternative refrigerant. For additional information, contact the
            Stratospheric Ozone Information Hotline.

12.4  HOW ARE ODORS REGULATED

            Many municipalities have regulations governing the generation of
            objectionable odors.  These rules typically can be enforced when odors
            are detected beyond the property line of the responsible organization.
            Prior to beginning any activities that could cause objectionable odors to
                                                                         12-9

-------
Empower Your Cooperative
            extend beyond the site, your cooperative should check with municipal
            authorities on the existence of any applicable odor regulations.  Other
            approaches to minimize the generation of objectionable odors include:

                •   Locating any odor-producing activities away from property lines
                    and downwind from nearby residences and businesses.

                •   Investigating alternative approaches and chemicals that produce
                    less objectionable odors.

                •   Scheduling odor-producing activities for times when weather
                    conditions limit the spread of objectionable odors.
12.5   AIR PERMITS
                                                         USEFUL TIP

                                              The need for air pollution permits and the
                                              procedures for obtaining and completing
                                              permit applications vary from state to state.
                                              The guidance presented in this section is a
                                              common-sense approach to the process. It
                                              is important to consult with state environ-
                                              mental protection agency personnel
                                              starting from the beginning of this process.
                                              Guidance provided by them should be
                                              used to supplement or replace the
                                              information in this section.
The first step in the process of
obtaining air permits is to
determine whether a permit is
even required.  Since many
states implement their air
permit program in lieu of the
federal one, and since many
states have additional
permitting requirements
beyond the federal program, it
is important to contact the
environmental protection
agency in the state where your
cooperative is located. The
state agency personnel can help you identify operations at your facilities
that may require permits. It also is important to contact the agency prior
to purchasing new equipment to see what permits may be required prior to
installing and operating the equipment. The agency also can help you
identify and obtain copies of the regulations that may apply to your
operation and will send the applicable permit applications.

The second step in the process is to compare the information obtained
from the state environmental protection agency to your operations and
determine which operations could require a permit.  The type of permit
that may be required depends on the activity being  (or to be) performed,
the potential amount of emissions, and the location of each source. The
types of air permits and general criteria for determining the need to
receive each type are discussed in the following sections.
 12-10:

-------
                                                  Empower Your Cooperative
12.5.1 Title V Operating Permits
What are
operating
permits?
Major
sources
Using
emergency
generators
may trigger
require-
ments for
obtaining a
permit
 Title V of the CAA Amendments of 1990 established federal operating
 permit requirements that are typically administered by each state. The
 Title V operating permits compliment several other federal and state
 permitting programs for air emission sources. The primary purpose of the
 Title V operating permits program is to improve implementation and
 provide clarity to sources regarding their CAA requirements by issuing
 each source a permit that consolidates all of the CAA requirements into a
 federally enforceable document.

 Operating permits specify operating and monitoring requirements,
 including limits on the emission of air pollutants and operating
 requirements for pollution control equipment.  They often require record-
 keeping to verify permit compliance. Operating permits typically are in
 effect from one to five years, until the permitted process changes, or until
 revoked.

 The CAA Amendments of 1990 require major sources of air pollution to
 obtain a Title V operating permit from their state (or EPA if the state does
 not have the authority to issue Title V permits). Major sources include
 equipment (e.g., diesel  generators, paint booths, and degreasers) that
 have the potential to emit 100 tons/year or more of volatile organic
 compounds, carbon monoxide, lead, sulfur dioxide, nitrogen  dioxide, or
 particulate matter (PM10). Equipment and processes also can be
 considered a major source if they emit 10 tons/year or more  of any single
 HAP (see Section 12.2) or 25 tons/year or more of a combination of
 HAPs. If your cooperative is located in an area that has not attained
 compliance with National Ambient Air Quality Standards (NAAQS) the
 threshold limits for major source designation are lower for some
 pollutants.  Your state environmental protection agency should be
 contacted to determine  if your cooperative is located in a "nonattainment"
 area and what thresholds apply to your activities.

 Most rural electric cooperatives that are non-power-generating facilities
 would not produce enough air emissions to be considered a major source.
 The regulations, however, use the potential to emit (PTE) in determining
 whether major source thresholds could be exceeded.  Consequently,
 cooperatives which use emergency generators that have internal
 combustion engines to 1 generate electricity from time to time would have
to evaluate their potential emissions rate (based upon operation of the
 equipment 24 hours/day for 365 days/year) to make sure the criteria for a
 major source cannot be exceeded by using such generators.

-------
Empower Your Cooperative
 How to
 determine
 emissions
 from
 emergency
 generators
           USEFUL TIP

Perform an air emissions inventory of all air
pollution sources. Remember, in most
cases, the quantity of pollutants that
potentially can be emitted must be
considered. Use AP-42 to help estimate
these quantities. AP-42 can be accessed
on the Internet at
      http://www.epa.gov/ttn/chief.
            EPA has developed guidance
            designed to assist in estimating
            emissions from gasoline and
            diesel internal combustion
            engines. The "Compilation of
            Air Pollutant Emission Factors,
            Volume I: Stationary Point and
            Area Sources," commonly
            referred to as AP-42, provides
            emissions factors for gasoline
            and diesel industrial engines
            and large (more than 600 horsepower) stationary diesel engines. These
            factors may be used to determine whether major source emission
            thresholds have been exceeded.

            EPA also has provided guidance entitled "Calculating Potential to Emit
            (PTE) for Emergency Generators," dated September 6, 1995. Through
            this guidance, EPA has allowed the use of a reduced number of operating
            hours when calculating potential emissions for generators used solely for
            emergency purposes (generators used for other purposes, such as
            peaking generators, are not covered by this guidance.) The guidance can
            be obtained online at the same address as AP-42 (see above box.)

            In addition to major sources, Title V operating permits are required for
            certain other sources identified in other sections of the CAA.  These
            include sources identified in Sections 111 and 112 of the CAA (which
            include accidental release rules), affected sources identified in Title IV of
            the CAA (acid rain rules), and any source in a source category designated
            by the EPA Administrator.  Most distribution cooperatives would not be
            considered one of these additional sources.

12.5.2 Federal Construction Permits

            The CAA regulates construction of major new sources or major
            modifications of existing sources in nonattainment areas through its New
            Source Review (NSR) program. Administered by authorized states, the
            NSR regulations require companies to obtain an NSR permit prior to the
            construction of equipment that would increase air emissions in the
            nonattainment area.  If your cooperative is located in a nonattainment
            area, contact your state environmental protection agency to determine the
            need for this type of permit.

            A parallel program applicable to attainment areas is the Prevention of
            Significant Deterioration (PSD) program.  Certain types of stationary
  Other
  sources
  requiring
  operating
  permits
 12-12:

-------
                                                  Empower Your Cooperative

            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 could be subject to permitting under the PSD
            program. Typical rural electric cooperatives would not meet the threshold
            requirements that trigger these requirements.
12.5.3 Minor Source Permits
 Categorical
 and
 conditional
 exemptions
 from air
 pollution
 require-
 ments
 Even if an air pollution source is not considered major by federal
 standards (see above), the owner/operator could still be subject to
 individual state or local regulations which may be more stringent. Many
 states require minor source operating  and construction permits for
 sources that emit pollutants above state-set minimum quantities (known
 as de minimus quantities) but below major source thresholds. The de
 minimi's quantities and permit requirements vary from state to state and
 even may be different in different parts of a state. This information
 typically can be found in the state air pollution regulations.

 Some states require operating permits for specific minor sources such as
 sand blasting, degreasing, and painting operations, as well as the use of
 internal combustion engines (natural gas, gasoline, or diesel fueled) for
 power generation. In addition, many states follow federal guidance and
 have established "categorical" and "conditional" exemptions from air
 pollution permit requirements. Categorical exemptions exclude types of
 equipment or activities from the  requirement to obtain permits.  One
 common categorical exemption from permitting requirements applies to
 internal combustion power generators that are used only for emergency
 purposes. Conditional exemptions typically exclude equipment and
 activities that emit de minimi's quantities of air pollutants.  Some states
 may require your cooperative to document the quantities of pollutants
 emitted in order to prove eligibility for a conditional exemption.

 Sources that are not covered by a categorical exemption and emit air
 pollutants in excess of state-set  de minimi's quantities may be required to
 obtain state-issued construction  and/or operating permits.  Construction
 permits typically must be obtained prior to construction or modification of
 any air pollution source regulated by the state (For example, the building
 of a painting booth for repainting electrical equipment may require a
 construction permit prior to the beginning of construction.)  A construction
 permit may contain operating requirements that remain in effect while an
 operating permit application is progressing through the permitting process.
 Some states have established unified permit programs that merge
construction and operating permits into one application and permit. 40

-------
Empower Your Cooperative
            CFR 70 provides states with the requirements for these "Part 70"
            operating permits.

12.5.4 Permit Application Process

            The keys to compliance with air pollution permitting requirements are
            knowledge of sources and quantities of air pollution and good
            communication with the regulatory agency.

            As discussed at the beginning of in Section 12.5, the first step in the
            process of obtaining air permits is to determine whether any of your
            cooperative's operations might be subject to federal, state or local
            permitting regulations. A thorough survey of all operations that emit
            pollutants to the air should be performed. Once these operations are
            identified, the applicable regulations and regulatory personnel should be
            consulted to determine if any categorical exemptions (see 12.5.3) may
            apply (e.g., an exemption for oil-fired boilers that are below a capacity
            specified in the state regulations).
 Is there a
 conditional
 exclusion?
 Submitting
 the permit
 application
The next step is to determine whether any of the operations potentially
subject to permitting meet the criteria for being conditionally exempted
(e.g., a diesel generator for which the potential emissions are less than a
de minimis amount specified in the state regulations).  Each state may
establish different de minimis amounts of air pollutants below which a
permit is not required.  Depending on the permitting program, some states
consider the amount of air pollutants that potentially can be emitted, while
others may allow calculations to be based upon actual operating records.
This is important if your equipment that is subject to permitting does not
operate constantly. Many states have produced or referenced guidance
useful for calculating the amounts and concentrations  of air pollutants for
different types of equipment.  (This information, along  with equipment
specifications, is very useful
when preparing an operating
permit application.)
 If it is determined that the
 activity is not exempted from
 permitting regulations, a permit
 application must be filed with
 the appropriate agency (usually
 the state environmental
 protection agency). If your
 cooperative determines that
            USEFUL TIP

40 CFR 70 requires each authorized state
to establish a small business assistance
program (SBAP) to assist companies with
the air pollution permitting process.
Contact your state environmental
protection agency to locate the SBAP that
serves your cooperative. Additional
information also is available through EPA's
SBAP, which can be accessed on the
Internet at
   http://www.epa.gov/oar/oaqps/sbap.
 12-14!

-------
                                                   Empower Your Cooperative
 Modifying
 and
 reapproving
 permits
 a permit is required for a currently operating activity, you may be
 required to cease the activity until the appropriate permit (s) are
 obtained.

 In some states, each individual activity may require a separate permit,
 while in other states, several or all activities may be addressed collectively
 in one permit. Applications and assistance in completing the permit
 application usually are available from your state agency.  Once
 completed, the permit application(s) must be signed and filed in
 accordance with the permit regulations.

 Typically, if the permit being applied for is for a new source, construction
 may not begin on the source operation until the construction permit is
 processed. Also, an operation usually cannot begin until  either a
 construction permit containing operating parameters is approved or an
 operating permit is approved.

 The operating requirements of construction permits usually allow your
 cooperative to collect air emissions monitoring data during actual
 operation to be used in support of an operating permit application. These
 data,  along with other required information would then be submitted as
 part of the operating permit application.  If your state issues merged Part
 70 operating  permits, the process will be different, with the permit
 specifying monitoring requirements once the activity commences. States
 often  allow operations to continue until the operating permit application is
 approved or denied.

 All operating  permits must be periodically reissued. It is important to keep
 track  of your  permit and note the dates of its validity. Changes to the
 permitted activity may require the submittal of a permit modification or
 reapplication. Working closely with your state environmental protection
 agency will help ensure  compliance with permitting regulations.
12.6  FUELS AND FLEETS
 Requirements
 for fleets in
 nonattain-
 ment areas
If your cooperative purchases bulk gasoline or diesel fuel and dispenses it
into vehicles in a manner similar to a service station, you may be required
to change your fuel, change your pump system, and upgrade your fleet.
The first step in determining whether your cooperative is subject to these
regulations is to find out if your.central fueling location is situated in a
nonattainment area for ozone.  Contact your state environmental
protection agency to find this information.

If your cooperative is in a nonattainment area, the agency should be able
to tell you what steps must be taken as outlined in your state's State

-------
Empower Your Cooperative
            Implementation Plan. - The following are some of the actions your
            cooperative may have to take:

                •   Purchase and dispense reformulated (oxygenated) fuels during
                   months when there is a potential for high levels of ozone
                   pollution.

                •   Install a Stage II gasoline vapor recovery system on gasoline
                   pumps (this may only be required if your cooperative pumps more
                   than 10,000 gallons of gasoline per month.)

                •   Certify that at least 30 percent (70 percent  by the year 2000) of
                   fleet vehicles purchased meet the "Clean Fleet" standards for
                   non-methane organic gas, carbon monoxide, nitrogen oxide,
                   formaldehyde, and particulate matter (this may only be required if
                   your fleet includes 10 or more vehicles.)
12.7   RESOURCES
            Contact your state and local environmental protection agencies to
            determine their authority to enforce federally mandated regulations and to
            determine what regulations they have adopted that may be more stringent
            or broader in scope than the federal rules. EPA has established
            helplines/hotlines to answer questions on federal Clean Air Act
            regulations. Assistance is available during normal Eastern Time Zone
            business hours.

                •   The Stratospheric Ozone Information Hotline answers questions
                    pertaining to the use, recovery, and recycling of ozone-depleting
                    compounds: (800)296-1996.

                •   The Clean Air and Technology Center answers questions on air
                    pollution control technologies and can provide assistance with
                    understanding federal air pollution regulations: (919) 541-0800.

             In addition, the following Internet web sites may provide useful
             information:
 12-16:

-------
      Name
EPA Home Page
Office of Air
Quality Planning
and Standards
Stratospheric
Ozone Protection
Technology
Transfer Network
State
Environmental
Protection Agency
Home Pages
           Address
                                             Empower Your Cooperative
                                                           Information
http://www.epa.gov/epahome/
http://www.epa.gov/oar/oaqps
http://www.epa.gov/ozone
http://www.epa.gov/ttn/chief
                   http://www.epa.gov/ttn/uatw
(Contact your state environmental
protection agency for addresses.)
Starting point for a wide range
of information on environmental
regulations.
Information on the 1990 Clean
Air Act Amendments.
Information on ozone-depleting
compounds (including the list of
Class I and Class II
compounds)
Information and models for
estimating air emissions
(contains sections of AP-42).

Information on air toxics
including list of HAPs.
Many states have posted home
pages for their environmental
protection agencies that contain
useful information on state air
pollution regulations.

-------

-------
s^^=^^=^«=^=  Empower Your Cooperative

                   TABLE OF CONTENTS


 13. HOW DO I MANAGE ASBESTOS? 	13-1

    13.1    WHAT ARE THE HEALTH EFFECTS OF ASBESTOS? 13-1
    13.2    REGULATIONS GOVERNING ASBESTOS	13-2
           13.2.1   The Clean Air Act	13-2
           13.2.2   The Asbestos Hazards and Emergency
                  Response Act	13-3
           13.2.3   The Comprehensive Environmental
                  Response, Compensation and Liability Act.. 13-4
    13.3    HOW TO IDENTIFY ASBESTOS AND ACM	 13-4
           13.3.1   What Do I Do if I Have Suspected Asbestos
                  Containing Materials?	13-5
    13.4    DEMOLITION AND RENOVATION ACTIVITIES
           WHERE ASBESTOS IS KNOWN TO BE PRESENT . . 13-5
    13.5    USING AN ASBESTOS REMEDIATION
           CONTRACTOR	             13.7
    13.6    RESOURCES	            13-7
                                                    13-i

-------

-------
               13. HOW DO I  MANAGE ASBESTOS?
Composition    The buildings owned by your cooperative may very well contain asbestos
of asbestos     or aSDestos containing material (ACM).  The term asbestos refers to
            asbestiform varieties of the minerals serpentine, riebeckite, amosite,
            anthophyllite, tremolite, or actinolite. When processed, these minerals
            form microscopic fibers that are mixed with other materials to form
            asbestos containing materials (ACMs).  Asbestos and ACMs have been
            used commonly in a variety of building construction materials for
            insulation and as a fire-retardant.

            As you are probably aware, asbestos is a dangerous and highly regulated
            substance.  EPA and the Consumer Product Safety Commission (CPSC)
            have banned several products composed of asbestos. Manufacturers
            also have voluntarily limited uses of asbestos and ACMs. Today,
            asbestos and ACMs are found most commonly in older buildings, in pipe
            and furnace insulation materials, asbestos shingles, millboard, textured
            paints and other coating materials, and  floor tiles.  Management of
            asbestos and ACM at your cooperative, according to EPA regulations, is
            your responsibility.

            The goal of this chapter is to provide you with a basic understanding of
            your asbestos management responsibilities, familiarize you with methods
            for identifying asbestos and ACM in your facility, and to clarify options for
            how best to ensure that any ACM are managed properly. It includes
            sections on:

                •   The health effects of asbestos

                •   Regulations governing asbestos

                •   Methods of identifying asbestos and ACM

                •   Demolition and renovation activities where ACM is known to be
                   present

                •   How to identify an asbestos remediation contractor.

 13.1  WHAT ARE THE HEALTH EFFECTS OF ASBESTOS?

            Exposure to ACM causes asbestos-related health problems in some
            individuals. Once inhaled, asbestos fibers can easily penetrate body
            tissues. They may be deposited and retained in the airways and lung
            tissue. Because asbestos fibers remain in the body, each exposure
            increases the likelihood of developing an asbestos-related disease.
            Asbestos related diseases may not appear until years after exposure.
                                                                        13-1

-------
Empower Your Cooperative
           Today the results of exposure among asbestos workers during World War
           II are being identified.

           The three most common illnesses associated with asbestos exposure
           include:

               •   Asbestosis — A serious, chronic, non-cancerous respiratory
                   disease. Inhaled asbestos fibers aggravate lung tissues, which
                   causes them to scar.  Symptoms of asbestosis include shortness
                   of breath and a dry crackling sound in the lungs while inhaling. In
                   its advanced stages, the disease may cause cardiac failure.

               •   Lung Cancer— Causes the largest number of deaths related to
                   asbestos exposure. The incidence of lung cancer in people who
                   are directly involved in the mining,  milling, manufacturing and use
                   of asbestos and its products is much higher than in the general
                   population. The most common symptoms of lung cancer are
                   coughing and a change in breathing. Other symptoms include
                   shortness of breath, persistent chest pains, hoarseness, and
                   anemia.

               •   Mesothelioma — A rare form of cancer which most often occurs in
                   the thin membrane lining of the lungs, chest, abdomen, and
                   (rarely) heart.  About 200 cases are diagnosed each year in the
                   United States. Virtually all cases of mesothelioma are linked with
                   asbestos exposure. Approximately 2 percent of all miners and
                   textile workers who work with asbestos, and 1 0 percent of all
                   workers who were involved in the manufacture of
                   asbestos-containing gas masks, contract mesothelioma.

13.2  REGULATIONS  GOVERNING ASBESTOS

13.2.1 The Clean  Air Act

           The Clean Air Act (CAA) requires the U.S.  Environmental Protection
           Agency (EPA)  to develop and enforce regulations to protect the general
           public from exposure to airborne contaminants  that are known to be
           hazardous to human health. In accordance with Section 1 12 of the CAA,
           EPA established National Emissions Standards for Hazardous Air
           Pollutants (NESHAPs) to protect the public. Asbestos was one of the first
           hazardous air pollutants regulated under Section 112.  On March 31 ,
           1 971 , EPA identified asbestos as a hazardous pollutant, and on April 6,
           1 973, EPA first promulgated the Asbestos  NESHAP in 40 CFR Part 61 .
13-2

-------
                                                Empower Your Cooperative
           The Asbestos NESHAP regulations protect the public by minimizing the
           release of asbestos fibers during activities involving the processing,
           handling, and disposal of asbestos-containing material. Accordingly, the
           Asbestos NESHAP specifies work practices to be followed during
           demolitions and renovations of all structures, installations, and buildings
           (excluding residential buildings that have four or fewer dwelling units). In
           addition, the regulations require the owner of the building and/or the
           contractor to notify applicable State and local agencies and/or EPA
           Regional Offices before all demolitions, or before renovations of buildings
           that contain a certain threshold amount of asbestos.

           The Asbestos NESHAP in 40 CFR Part 61, Subpart M addresses
           demolition and renovation of facilities, and asbestos waste transport and
           disposal. Asbestos NESHAP regulations must be followed for renovation
           of facilities with at least 80 linear meters (260 linear feet) of regulated
           asbestos-containing materials (RACMs) on pipes, 15 square meters (160
           square feet) of RACM on other facility components, or at least one cubic
           meter (35 cubic feet) of facility components where the amount of RACM
           previously removed from pipes and other facility components could not be
           measured before stripping.

           In summary, the asbestos NESHAPs requires written notification to the
           local Pollution Control Agency responsible for NESHAP enforcement for
           all renovations meeting the above criteria, and all demolitions regardless
           of the amount of asbestos. The asbestos-containing debris from
           renovations and  demolitions must be treated as asbestos-containing
           waste.  The debris must be adequately wetted and bagged for disposal.
           The debris is then transported in covered vehicles and it must not emit
           visible emissions to the outside air. The waste must be deposited at an
           acceptable waste disposal site. State and local agencies which require
           handling and licensing procedures for landfills can supply a list of
           "approved" or licensed asbestos disposal sites upon request.

13.2.2 The Asbestos  Hazards and Emergency Response Act

           In May 1982, the EPA issued the Asbestos-in-Schools Rule, This was the
           first regulation to control asbestos in schools under the authority of the
           Toxic Substance Control Act (TSCA).  In 1986, the Asbestos Hazard
           Emergency Response Act (AHERA) was signed into law. AHERA was
           more inclusive than the 1982 Asbestos-in-Schools Rule. The regulations
           required under AHERA are found at 40 CFR Part 763, Subpart E.

           The Asbestos School Hazard Abatement Re-authorization Act (ASHARA)
           required EPA to  revise its asbestos model accreditation plan to extend
                                                                         13-3

-------
Empower Your Cooperative
            training and accreditation requirements to include persons performing
            certain asbestos-related work in public and commercial buildings. It also
            increased the minimum number of training hours required for proposed
            accreditation.

13.2.3 The Comprehensive Environmental Response, Compensation
       and Liability Act

            The Comprehensive Environmental Response, Compensation, and
            Liability Act (CERCLA) lists friable asbestos (see Section 13.3) as a
            hazardous substance with a reportable quantity of one pound (see
            Chapter 6 for discussion of hazardous substances). Thus, if someone
            spills one pound of friable asbestos, the spill must be reported to the
            National Response Center (NRC) within 24 hours (see Chapter 7 for
            information on spills and releases).

13.3  HOW TO IDENTIFY ASBESTOS AND ACM

 Friable      Asbestos can be identified visually, or using a microscope that uses
 versus non-   polarized light. In most cases the material you will not be dealing with will
 friable ACM   not be pure ^ 00o/o) asbestos, but will contain asbestos.  Asbestos-
            containing material (ACM) is either friable or non-friable. "Friable ACM"
            is any material containing more than one percent asbestos, as determined
            using the PLM method specified in Appendix A of 40 CFR part 763
            section 1, subpart F, and that when dry, can be crumbled, pulverized, or
            reduced to powder by hand pressure. In contrast, "non-friable ACM" is
            any material containing more than  one percent asbestos (as determined
            by PLM) and that, when dry, cannot be crumbled, pulverized, or reduced
            to powder by hand pressure.
            The PLM method in Appendix
            A of 40 CFR 763 involves                    USEFUL TIP
            counting the number of           |t should be noted ^ jf ^ asbestos
content of a sample is determined to be
less than 10 percent using a method other
than point counting by polarized light
microscopy, the asbestos content must be
verified by point counting using PLM.
            asbestos fibers in a sample of
            material (i.e., point counting)
            that is observed under a
            microscope using polarized
            light. Since asbestos fibers
            are typically smaller than the
            eye can see, their presence in
            a material must be identified using special microscopes.  Asbestos fibers
            are clearly identifiable from other fibers when observed under a
            microscope using polarized light.
13-4

-------
                                                Empower Your Cooperative
           Under the Asbestos NESHAP, non-friable ACM is divided into two
           categories.  Category I non-friable ACM are asbestos-containing resilient
           floor coverings (commonly known as vinyl asbestos tile (VAT)), asphalt
           roofing products, packings and gaskets.  These materials rarely become
           friable. All other non-friable ACM are considered category II non-friable
           ACM. (These categories will be discussed in greater detail in Section
           13.4.)
 Asbestos     An EPA survey identified over 3,000 products that contain asbestos.
 content can    These products range from spray-applied fireproof ing to roof shingles.
 determin d    Because of the wide variety of products containing asbestos, it is almost
 by testing     impossible to determine its presence without testing. While it is often
            possible to "suspect" that a material or product contains asbestos by
            visual determination, actual determinations can only be made by
            instrumental analysis. Until a product is tested, it is best to assume that
            the product contains asbestos, unless the label, or the manufacturer
            verifies that it does not.

13.3.1 What Do I Do if I Have Suspected Asbestos Containing
       Materials?

            If you believe that your facility has ACM, you have a number of
            management options in how that suspected ACM is managed. These
            options are dependent on two important factors: 1) What is the condition
            of the ACM (friable or non-friable)?  and 2) What, if anything, will be done
            with the suspect ACM?  In most cases, the best management practice for
            ACM is to leave it alone.  ACM that is not damaged (i.e., flaking, chipping,
            peeling), poses no health risk.  The main concern with ACM, and the
            majority of regulations covering ACM revolve around demolition,
            renovation, and construction activities that will disturb ACM.

            Asbestos NESHAPs do not require building owners/operators to sample
            for asbestos. However, owners/operators are responsible for determining
            if asbestos is present prior to any activity that would disturb any ACM
            present.  If sampling and inspecting is conducted, an accredited inspector
            must be used. Sampling and inspection of any suspected ACM should be
            conducted prior to any renovation, construction, or demolition activities.
            These requirements are discussed  in  greater detailin Section 13.4, below.

13.4  DEMOLITION AND RENOVATION ACTIVITIES WHERE
       ASBESTOS IS KNOWN TO BE PRESENT

            "Demolition" and "renovation" are defined in the EPA asbestos
            regulations.  You "demolish" a facility when you remove or wreck any
                                                                        13-5

-------
Empower Your Cooperative
            load-supporting structural member of that facility or perform any related
            operations; you also "demolish" a facility when you burn it.  You "renovate"
            a facility when you alter any part of that facility in any other manner.
            Renovation includes stripping or removing asbestos from the facility.

            Asbestos NESHAP work practice requirements must be followed for all
            renovations of facilities with at least 80 linear meters (260 linear feet) of
            regulated asbestos-containing materials (RACM) on pipes, or 15 square
            meters (160 square feet) of RACM on other facility components, or at
            least one cubic meter (35 cubic feet) of facility components where the
            amount of RACM previously removed from pipes and other facility
            components could not be measured before stripping. These  amounts are
            known as the "threshold" amounts.

            However, all facilities conducting demolitions must notify the appropriate
            regulatory agency, even if no asbestos is present at the site, and all
            demolitions and renovations are "subject" to the Asbestos NESHAP
            insofar as owners and operators must determine if and how much
            asbestos is present at the site.

            A notification  is a written notice of intent to renovate or demolish.
            Notifications must contain certain specified information, including but not
            limited to, the scheduled starting and completion date of the work, the
            location of the site, the names of operators or asbestos removal
            contractors, methods of removal and the amount of asbestos, and
            whether the operation  is a demolition or renovation.  See Section
            61.145(b) of the Asbestos NESHAP regulation.

            You should notify the delegated State/Local Pollution Control Agency in
            your area and/or the EPA Regional Office of the demolition or renovation
            operations subject to NESHAP. Some EPA Regions require that both the
            EPA Regional Office and the local delegated  agency be notified, while
            some require  notice only to the delegated State or local agency. If the
            program is not delegated, notify the EPA Regional Office.

            The NESHAP regulation states that either the owner of the building or
            operator of the demolition or renovation operation can submit the
            notification. Usually, the two parties decide together who will  notify.  If
            neither provide adequate notice, EPA can hold either or both  parties
            liable.

            Category II non-friable materials should be evaluated on a case-by-case
            basis. If category II non-friable materials are likely to become crushed,
            pulverized or reduced to powder during demolition or renovation, they
            should be removed  before demolition or renovation begin. For example,
13-6

-------
                                               Empower Your Cooperative
           A/C (asbestos cement) siding on a building that is going to be demolished
           with a wrecking ball should be removed, because it is likely that the siding
           will be pulverized by the wrecking ball.

1 3.5  USING AN ASBESTOS REMEDIATION CONTRACTOR

           When ACM are to be disturbed, an accredited asbestos contractor must
           be used. EPA has developed core curriculum requirements to ensure that
           all accredited asbestos contractors understand the dangers posed by
           asbestos, how to protect themselves and the general public from those
           dangers, and how to comply with all relevant aspects of the asbestos
           NESHAP.

           Asbestos contractors can be located in the local yellow pages, by
           contacting the local pollution control agency, or through the State/EPA
           Regional office.  In order to assist companies engaged in asbestos
           removals, EPA has developed the National Asbestos Registry System
           (NARS). NARS is a computerized database established by EPA in April,
           1 989.  NARS stores data on the compliance history of firms doing
           demolition or renovation work subject to the Asbestos NESHAP.

13.6  RESOURCES

           You can obtain more information about the Asbestos NESHAP by
           contacting your EPA Regional Office's NESHAP coordinator. You can
           obtain more information about AHERA by contacting your Regional
           Asbestos Coordinator (RAC).

           You may also call the EPA Toxic Substances Control Act (TSCA) Hotline
           to ask general questions about asbestos, or to request asbestos guidance
           documents.  The Hotline number is (202) 554-1404. The EPA Public
            Information Center can send you information on EPA regulations. You
           can reach the Center at (202) 382-2080 or (202) 475-7751 .

           To obtain a current listing of accredited labs contact the National Institute
           of Standards and Technology National Voluntary Laboratory Accreditation
            Program at (301) 975-4016.
                                                                        13-7
                         *U.S. OOVEKNMQJT PRINTING OFFICE: 1998-615-003/60616

-------

-------