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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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).
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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
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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."
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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«=^=^=^^=^=^=^=^=^= 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
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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
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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).
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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
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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".
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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:
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• 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
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Empower Your Cooperative
&
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Figure 2-3. Example Permanent Storage Area
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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).
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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*
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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
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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.
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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:
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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:
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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:
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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:
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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:
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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:
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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?
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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:
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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)
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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).
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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
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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.
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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.
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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
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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
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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 :
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• 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
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USEFUL TIP
agency can help you determine
whether your cooperative is an SQG,
and can answer your questions about
quantities to count.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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• 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
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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,
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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.
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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).
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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.
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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).
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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"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
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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.
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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
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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.
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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,
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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.
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• 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.
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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.
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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
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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."
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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.
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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
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• 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;
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• 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
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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
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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
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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
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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:
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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.
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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
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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
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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
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=^=^=^^=!^^=== 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
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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
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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.
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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:
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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.
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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
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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,
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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.
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• 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
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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.
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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.
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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.
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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.
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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.
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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.
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• 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
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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.
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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
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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
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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.
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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.
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• 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:
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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.
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• 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.)
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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
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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
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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 '
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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
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• 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).
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To identify the appropriate State agencies,
call the EPCRA Hotline at 1-800-424-9346
or 703-412-9810.
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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
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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
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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).
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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.
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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;
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• 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:
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SPCC Plan
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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^=^^^^^^^=^^=^=^= 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
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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
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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).
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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
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• 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.
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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).
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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.
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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
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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.
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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.
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• 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)
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• 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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,
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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.
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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.
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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
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^=^=^=
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
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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
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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.
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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:
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• 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.
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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
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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.
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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
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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
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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.
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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
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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.
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• 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:
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• 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.
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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.
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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).
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(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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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• 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.
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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
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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.
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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
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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.
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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.
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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
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10.4.4 Professional Organizations
Society of Wetland Scientists
Association of State Wetland Managers, Inc.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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• 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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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:
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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.
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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
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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.
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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 .
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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
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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.
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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
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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,
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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
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