xvEPA
United States
Environmental Protection
Agency
Office of Pollution Prevention
and Toxics
(7406)
EPA744B-93-002
September 1993
FEDERAL
ENVIRONMENTAL REGULATIONS
POTENTIALLY AFFECTING
THE COMPUTER INDUSTRY
Design for the Environment Program
Economics, Exposure and Technology Division
Office of Pollution Prevention and Toxics
United States Environmental Protection Agency
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PREFACE
This discussion of environmental regulations potentially affecting the computer industry is intended for
information purposes only. It is not an official EPA guidance document and should therefore not be relied
on by companies in the computer industry to determine applicable regulatory requirements.
The applicability of many Federal regulations is determined in part by the chemicals being used at a
facility. This document covers chemicals that the computer industry has identified as being in use in the
semiconductor manufacturing, printed wiring boards, semiconductor packaging, and display manufacturing
industries. Computer assembly is not considered in this report. Individual facilities have their own chemical
use patterns, however, which means that a particular facility may use chemicals that are not listed in this
report or may use some but not all of them. As a result, each facility must identify the universe of rules that
apply to it by examining the regulations themselves.
This report only discusses Federal environmental statutes. However, implementation of many
Federal programs is delegated to States with programs at least as stringent as the Federal program. Thus,
even where Federal regulations apply, State laws may impose additional requirements that are not addressed
in this document.
This study covers the following kinds of Federal environmental requirements: Clean Air Act
requirements, Clean Water Act requirements, Resource Conservation and Recovery Act (RCRA)
requirements, Superfund and community right-to-know requirements, and Toxic Substance Control Act
requirements. The study provides an overview of regulations affecting the computer industry and of the
specific chemicals used in the industry that may trigger particular regulatory requirements.
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TABLE OF CONTENTS
Section Page
A. Clean Air Act Requirements 1
B. Clean Water Act Requirements 11
C. RCRA-Related Requirements 27
D. Superfund and Community Right-To-Know Requirements 40
E. Toxic Substances Control Act Requirements 49
m
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Exhibits
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 15
Exhibit 16
Exhibit 17
LIST OF EXHIBITS
National Ambient Air Quality Standards for
Criteria Pollutants
Major Source Definitions and Offset Ratios
in Ozone Nonattainment Areas 4
Classification of Ozone Nonattainment Areas 4
Ozone Nonattainment Areas 5
Existing Source RACT Requirements for Each
Ozone Nonattainment Category 6
Chemicals Used in Semiconductor Manufacturing
That are Scheduled for MACT Standards 6
Chemicals Used in Semiconductor Packaging
That are Scheduled for MACT Standards 7
Chemicals Used in Printed Wiring Board
Manufacturing That are Scheduled for MACT Standards 7
Chemicals Used in Display Manufacturing
That are Scheduled for MACT Standards. .
Class I Substances : 10
RQs That May Apply to the Semiconductor Industry 14
RQs That May Apply to Semiconductor Packaging 14
RQs That May Apply to Printed Wiring Board
Manufacturing 15
RQs That May Apply to Display Manufacturing 15
Priority Pollutants Used In Semiconductor
Packaging That May Be Present in Discharge 17
Priority Pollutants Used In Printed Wiring
Board Manufacturing That May Be Present in Discharge 17
Priority Pollutants Used In Display
Manufacturing That May Be Present in Discharge 17
IV
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Exhibits _Pjge
Exhibit 18 Hazardous and Nonconventional Chemicals Used
in Semiconductor Manufacturing 17
Exhibit 19 Hazardous and Nonconventional Chemicals Used
in Semiconductor Packaging 18
Exhibit 20 Hazardous and Nonconventional Chemicals Used
in Printed Wiring Board Manufacturing 18
Exhibit 21 Hazardous and Nonconventional Chemicals Used
in Display Manufacturing 18
Exhibit 22 Effluent Limitations Representing the Degree
of Effluent Reduction Attainable by Application
of the Best Practicable Control Technology Currently Available (BPT) 21
Exhibit 23 Effluent Limitations Representing the Degree
of Effluent Reduction Attainable by Application
of the Best Practicable Control Technology
Economically Available (BAT) 21
Exhibit 24 New Source Performance Standards (NSPS) for
Semiconductor Manufacturing 22
Exhibit 25 Effluent Limitations Representing the Degree
of Effluent Reduction Attainable by Application
of the Best Conventional Pollution Control Technology (BCT) 22
Exhibit 26 Semiconductor Pretreatment Standards for
Existing Sources 24
Exhibit 27 Semiconductor Pretreatment Standards for New Sources 24
Exhibit 28 Some Examples of Listed Wastes Found in
Semiconductor Manufacturing 31
Exhibit 29 Some Examples of Listed Wastes Found in
Semiconductor Packaging 32
Exhibit 30 Some Examples of Listed Wastes Found in
Printed Wiring Board Manufacturing 33
Exhibit 31 Some Examples of Listed Wastes Found in
Display Manufacturing 33
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Exhibits
Exhibit 32 EPA Toxic Characteristic Contaminants That
May Be Found in Semiconductor Manufacturing Waste 34
Exhibit 33 EPA Toxic Characteristic Contaminants That
May Be Found in Semiconductor Packaging Waste 34
Exhibit 34 EPA Toxic Characteristic Contaminants That
May Be Found in Printed Wiring Board Manufacturing Waste 34
Exhibit 35 EPA Toxic Characteristic Contaminants That
May Be Found in Display Manufacturing Waste 34
Exhibit 36 Reportable Quantities for Some Chemicals
Used in Semiconductor Manufacturing 42
Exhibit 37 Reportable Quantities for Some Chemicals
Used in Semiconductor Packaging 43
Exhibit 38 Reportable Quantities for Some Chemicals
Used in Printed Wiring Board Manufacturing 44
Exhibit 39 Reportable Quantities for Some Chemicals
Used in Display Manufacturing 44
Exhibit 40 Threshold Planning and Reporting Quantities
for Some EPCRA-Designated Extremely Hazardous
Chemicals Used by Semiconductor Manufacturing 45
Exhibit 41 Threshold Planning and Reporting Quantities
for Some EPCRA-Designated Extremely Hazardous
Chemicals Used by Semiconductor Packaging 46
Exhibit 42 Threshold Planning and Reporting Quantities
for Some EPCRA-Designated Extremely Hazardous
Chemicals Used in Printed Wiring Board Manufacturing 46
Exhibit 43 Threshold Planning and Reporting Quantities
for Some EPCRA-Designated Extremely Hazardous
Chemicals Used by Display Manufacturing 46
Exhibit 44 Chemicals Used by Semiconductor Manufacturing
That Are Listed in the Toxic Release Inventory. . . 47
Exhibit 45 Chemicals Used by Semiconductor Packaging
That Are Listed in the Toxic Release Inventory 48
Exhibit 46 Chemicals Used by Printed Wiring Board Manufacturing
That Are Listed in the Toxic Release Inventory 48
Exhibit 47 Chemicals Used by Display Manufacturing
That Are Listed in the Toxic Release Inventory 48
vi
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Section A.
CLEAN AIR ACT REQUIREMENTS
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Section A. CLEAN AIR ACT REQUIREMENTS
Law. Federal Clean Air Act (amended 1990)
The Clean Air Act (CAA), with its 1990 amendments, sets the framework for air pollution control as
it affects the computer industry. This framework has several elements. Several portions of Title I of the
CAA address requirements for the attainment and maintenance of National Ambient Air Quality Standards
(NAAQS). Section A.I discusses how the implementation of Title I of the CAA may affect the computer
industry.
Section 112 of the CAA covers emissions of hazardous substances. For a wide variety of such
substances, Congress directed the EPA to base its limits on emissions and technologies rather than on
ambient air quality per se. Section A.2 discusses how controls on hazardous air pollutants may affect the
semiconductor industry.
The 1990 amendments to the CAA provide a new mechanism for implementing both the National
Ambient Air Quality Standards and the Act's hazardous substance limitations. This new mechanism is the
permit, which would be required of major sources of (1) pollutants affecting ambient air quality,
(2) hazardous air pollutants, and (3) new sources. Permits are discussed in Section A.3 of this report.
Finally, Title VI of the Clean Air Act deals with ozone-depleting chemicals. Several solvents used in
the computer industry are affected by this law. These requirements are discussed in Section A.4 of this
report.
A.1 EPA RESTRICTIONS ON NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY
STANDARDS (40 CFR 50)
EPA's National Ambient Air Quality Standards (NAAQS) establish levels of air quality that are to
be applied uniformly throughout regions in the United States. An air quality control region is classified as a
"nonattainment" area if a NAAQS is violated anywhere in the region. (In the case of ozone, a violation
occurs if the 4th highest reading over any 24-hour period in the past 3 years exceeds the NAAQS for ozone.)
Two types of NAAQS are set:
(1) Primary standards that define the level of air quality necessary to prevent any adverse
impact on human health, and
(2) Secondary standards that define the .level of air quality necessary to protect the public
welfare from any known or anticipated adverse effects of a pollutant.
These standards recognize that the severity of the adverse health effects associated with exposure often
depends on the duration of exposure. Accordingly, "short-term" standards set limits for a 1-hour, an 8-hour,
or a 24-hour period, while "long-term" standards are established on an annual basis.
The EPA has set National Ambient Air Quality Standards for the six pollutants shown in Exhibit 1.
These standards are used as a foundation for the regulatory framework discussed in this section. Of the six,
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only the NAAQS for ozone is likely to have a significant impact on the computer industry.1 Computer
manufacturing facilities are not, of course, major sources of ozone per se; however, they are sources of
emissions of volatile organic compounds (VOCs), the precursors of ozone. Thus, although there is a
NAAQS for ozone, the relevant emissions for monitoring purposes are VOCs.
EXHIBIT 1. National Ambient Air Quality Standards for Criteria Pollutants
(As of July 1,1991)
Primary Standards
Pollutant (Protective of Health)2
Ozone 0.120 ppm (235 g/m3)
(1-hour average)
Carbon Monoxide 9 ppm (10 mg/m3)
(8-hour average)
35 ppm (40 mg/m3)
(1-hour average)
Particulate Matter (PM-10) 150 g/m3
(24-hour average)
50 g/m3
(annual arithmetic mean)
Sulfur Dioxide 0.140 ppm (365 g/m3)
(24-hour average)
0.03 ppm (80 g/m3)
(annual arithmetic mean)
Nitrogen Dioxide 0.053 ppm (100 g/m3)
(annual arithmetic mean)
Lead 1.5 g/m3
(arithmetic mean averaged quarterly)
A.1.1 New Sources of Volatile Organic Compounds (VOC) Emissions
In both attainment and nonattainment areas, whenever new plants are built or emissions from
existing sources increase as a result of expansion, a New Source Review (NSR) is triggered. Special rules
1 Emissions of lead from the use of lead in soldering and other processes are unlikely to be large
enough to trigger air pollution control requirements. However, EPA has not yet studied the electronics
industry as a source of lead emissions.
2 See 40 CFR Part 50. The Clean Air Act also requires that EPA establish secondary standards, which protect
against adverse effects on the environment. Secondary standards have been established for most of the listed
pollutants, and, in most cases, the levels are lower than those in the primary standards.
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apply in attainment areas. These are called Prevention of Significant Deterioration (PSD) requirements and
include the following:
Installation of Best Available Control Technology (BACT)?;
A detailed air quality analysis showing that there will be no violation of PSD "increments;"
Prediction of future air quality standards; and
Possible monitoring of air quality for one year prior to the issuance of the permit.
Restrictions in nonattainment areas are more severe. The principal requirements of NSR in
nonattainment areas are:
Installation of Lowest Achievable Emission Rate (LAER) technology4;
Provision for "offsets" (see Exhibit 2) representing emission reductions that must be made
from other sources; and
Demonstration of standard attainment through the undertaking of an air quality analysis.
3 EPA determines BACT requirements by: (1) identifying all control technologies; (2) eliminating technically
infeasible options; (3) ranking remaining control options by control effectiveness; (4) evaluating the most
effective controls and documenting results; and (5) selecting BACT. See Draft New Source Review Workshop
Manual, U.S. EPA, OAQPS, October 1990.
4 LAER is the most stringent emission limitation derived from either of the following: (1) the most stringent
emission limitation contained in the implementation plan of any State for such class or category of source; or
(2) the most stringent emission limitation achieved in practice by such class or category of source. See CAA
171(3).
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EXHIBIT 2. Major Source Definitions and Offset Ratios in Ozone
Nonattainment Areas
A.12
A.l.2.1
Category
Marginal
Moderate
Serious
Severe
Extreme
Existing Sources of VOC
Size of Major Source5
(Tons/Year of VOCs)
100
100
50
25
10
Emissions
Offset Ratios
1.1:1
1.15:1
1.2:1
1.3:1
1.5:1
Ozone non-attainment areas
The "design value" shown in column 3 of Exhibit 3 is the 4th highest reading taken over any 24-hour
period in a nonattainment area. Based on this figure, a nonattainment area is classified as Marginal,
Moderate, Serious, Severe, or Extreme. As shown in this exhibit, attainment deadlines are based on a sliding
scale that reflects the severity of the pollution.
EXHIBIT 3. Classification of Ozone Nonattainment Areas
Classification
Marginal
Moderate
Serious
Severe
Extreme
Deadline to Attain
(from November 15, 1990)
3 Years
6 Years
9 Years
15 Years
17 Years
20 Years
Design Value (ppm)
0.121 - 0.138
0.138 - 0.160
0.160 - 0.180
0.180 - 0.190
0.190 - 0.280
Above 0.280
States have the option of choosing a major source definition of 5 tons per year (TPY) (and accepting other
conditions) to avoid complying with the requirementthat emissions be reduced by 15 percent over the first
6 years. See Section 182(b)(l)(A)(ii).
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Areas that are likely to be classified as Extreme, Severe, or Serious as of late-1990 are presented in Exhibit
4.
EXHIBIT 4. Ozone Nonattainment Areas
Extreme (1 area)
Los Angeles-Anaheim-Riverside, CA
Severe (8 areas)
Baltimore, MD
Chicago, IL-IN-WI
Houston-Galveston-Brazoria, TX
Milwaukee-Racine, WI
Muskegon, MI
New York, NY-NJ-CT
Philadelphia, PA-NJ-DE
San Diego, CA
Serious (16 Areas)
Atlanta, GA
Bakersfield, CA
Baton Rouge, LA
Beaumont-Port Arthur, TX
Boston, MA
El Paso, TX
Fresno, CA
Hartford, CT
Huntington-Ashland, WV-KY-OH
Parkersburg-Marrieta, WV-OH
Portsmouth-Dover-Rochester, NH-ME
Providence, RI
Sacramento, CA
Sheboygan, WI
Springfield, MA
Washington, DC-MD-VA
A source defined as "major" must install Reasonably Available Control Technology (RACT) as
prescribed in the applicable State Implementation Plan (SIP). A major source is defined both by the size of
the source's emissions and the category of the nonattainment area. These conditions are presented in Exhibit
5. In addition, if a firm has the potential to emit more than 100 tons per year (TPY), it is also considered to
be a major source. Potential to emit means the maximum capacity of a stationary source to emit a pollutant
under its physical and operational design.
A determination of the necessary RACT requirements is made on the basis of a case-by-case review
of each facility. In an attempt to issue uniform guidelines, the EPA has begun to issue Control Technique
Guidance (CTGs) for industrial categories. The following Control Technique Guidances may apply to the
semiconductor industry:
Miscellaneous Metal Parts and Products
Plastic Parts (expected 1993)
Alternative Control Technology (ATG) for Solvent Cleaning
To the extent that a computer industry source is covered by any of EPA's CTGs, it may be covered by a
State Implementation Plan (SIP) RACT rule even if it is not a major source.
Each State is required to develop a SIP for all nonattainment areas. SIPs contain a wide range of
requirements that are designed to decrease ozone levels by controlling VOC emissions.
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EXHIBIT 5. Existing Source RACT Requirements for Each
Ozone Nonattainment Category
Size of VOC or NOx
Sources Affected
Category of Nonattainment Area (Tons/Year)
Extreme 10
Severe 25
Serious 50
Moderate and Marginal 100
\2 HAZARDOUS AIR POLLUTANTS AND MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
(MACT) STANDARDS
The National Ambient Air Quality Standards apply only to a small number of the most common
pollutants. Additional controls that directly restrict the emission of 189 hazardous air pollutants are
established in Part 112 of the Clean Air Act. The EPA is authorized to establish Maximum Achievable
Control Technology (MACT) standards for source categories that emit at least one of the pollutants on the
list. Chemicals listed in Part 112 of the Clean Air Act that are used in semiconductor manufacturing,
semiconductor packaging, printed wiring board manufacturing, and display manufacturing are shown in
Exhibits 6 to 9.
EXHIBIT 6. Chemicals Used in Semiconductor Manufacturing
That are Scheduled for MACT Standards
HAZARDOUS AIR POLLUTANT
Antimony compounds Hydrochloric acid
Arsenic compounds Hydrofluoric acid
Arsine Methanol
Carbon tetrachloride Methyl isobutyl ketone
Catechol Nickel compounds
Chlorine Phosphine
Chromium compounds Phosphorus
Ethyl acrylate 1,1,1-Trichloroethane
Ethylbenzene Trichloroethylene
Ethylene glycol Xylene
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EXHIBIT 7. Chemicals Used in Semiconductor Packaging
That are Scheduled for MACT Standards
HAZARDOUS AIR POLLUTANT
Chlorine Methanol
Chromium Methylene chloride
Ethylbenzene Nickel compounds
Ethylene glycol Toluene
Hydrochloric acid 1,1,1 Trichloroethane
Hydrofluoric acid Xylene
Lead compounds
EXHIBIT 8. Chemicals Used in Printed Wiring Board Manufacturing That are
Scheduled for MACT Standards
HAZARDOUS AIR POLLUTANT
Chlorine Lead compounds
Dimethylformamide Methylene chloride
Formaldehyde Nickel compounds
Hydrochloric acid Perchloroethylene
Hydrofluoric acid 1,1,1-Trichloroethane
Ethylene glycol
EXHIBIT 9. Chemicals Used in Display Manufacturing
That are Scheduled for MACT Standards
HAZARDOUS AIR POLLUTANT
Lead compounds Trichloroethylene
In addition, the EPA is in the process of identifying categories of industrial facilities that emit
substantial quantities of any of these 189 pollutants. Regulations that will apply specifically to the
semiconductor industry are expected in 1997. These standards, which will require the maximum degree of
pollution reduction, can be imposed on listed sources and may require a wide range of control measures,
including:
Installation of control equipment;
Process changes;
Material substitution;
Work practice changes; and
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Operator training or certification.
These measures are expected to achieve a 75- to 90-percent emission reduction below current levels.
A source will receive a 6-year extension in the compliance date for a MACT standard if it achieves a
90-percent reduction in its air toxic emissions prior to the date on which the MACT standard is proposed for
its industry category. There is no requirement to notify EPA before issuance of the standard; however, the
demonstration of emissions reduction must be made before the standard is proposed. A source should
submit its demonstration either along with its Tide V permit application or as a permit modification. EPA is
issuing guidance that will specify how the demonstration must be made.
A3 PERMITS (40 CFR 70)
The CAA and its implementing regulations (at 40 CFR 70) define the minimum standards and
procedures required for State operating permit programs. The permit system is a new approach established
by the Amendments that is designed to define each source's requirements and to facilitate enforcement. In
addition, permit fees will generate revenue to fund implementation of the program.
Any facility defined as a "major source" is required to secure a permit. Part 70.2 defines a source as
a single point from which emissions are released or as an entire industrial facility that is under the control of
the same person(s), and a major source is defined as any source that emits or has the potential to emit:
10 TPY or more of any hazardous air pollutant;
25 TPY or more of any combination of hazardous air pollutants; or
100 TPY of any air pollutant.
For ozone nonattainment areas, major sources are defined as sources with the potential to emit:
100 TPY or more of volatile organic compounds (VOCs) in areas defined as marginal or
moderate;
50 TPY or more of VOCs in areas classified as serious;
25 TPY or more of VOCs in areas classified as severe; and
10 TPY or more of VOCs in areas classified as extreme.
In addition to major sources, all sources that are required to undergo New Source Review, are
subject to New Source Performance Standards, or are identified by Federal or State regulations, must obtain
a permit.
By November 15,1993, each State must submit a design for an operating permit program to the
EPA for approval. The EPA must either approve or disapprove the State's program within one year after
submission. Once approved, the State program goes into effect.
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Major sources, as well as the other sources identified above, must submit their permit applications to
the State within one year of approval of the State program. (This will take place near the end of 1995).
Once a source submits an application, it may continue to operate until the permit is issued. ( Permit
issuance may take years because permit processing allows time for terms and conditions to be presented to
and reviewed by the public and neighboring States as well as by the EPA). Applicants should make certain
that their applications contain a comprehensive declaration of all allowable emissions, because current
emissions are used as the basis for calculating proposed reductions to meet future limits.
When issued, the permit will include all air requirements applicable to the facility. Among these are
compliance schedules, emissions monitoring, emergency provisions, self-reporting responsibilities, and
emissions limitations. Five years is the maximum permit term.
As established in 40 CFR 70, the States are required to develop fee schedules to ensure the
collection and retention of revenues sufficient to cover permit program costs. The CAA sets a presumptive
minimum annual fee of $25 per ton for all regulated pollutants (except carbon monoxide), but States can set
higher or lower fees so long as they collect sufficient revenues to cover program costs.
A.4 STRATOSPHERIC OZONE PROTECTION (40 CFR 82)
The CAA Amendments provide for a phase-out of the production and consumption of
chlorofluorocarbons (CFCs) and other chemicals that are causing the destruction of the stratospheric ozone
layer. The requirements apply to any individual, corporate, or government entity that produces, transforms,
imports, or exports these controlled substances.
Section 602 of the Clean Air Act identifies ozone-depleting substances and divides them into two
classes. Class I substances are divided into five groups, as shown in Exhibit 10. Section 604 of the Clean Air
Act calls for a complete phase-out of Class I substances by January 1, 2000 (January 1, 2002 for methyl
chloroform). Class II chemicals, which are hydrochlorofluorocarbons (HCFCs), are generally seen as interim
substitutes for Class I CFCs.
Class II substances consist of 33 HCFCs. The law calls for a complete phase-out of Class ll
substances by January 1, 2030. The schedule for the HCFC phase-out has not yet been finalized; however,
EPA has proposed to begin phase-out of some HCFCs by 2002, with a complete phase-out of ah1 HCFCs to
take place by 2030. This same proposal would phase-out CFCs, carbon tetrachloride,
hydrobromofluorocarbons, and methyl chloroform by January 1, 19%. Halons used as fire extinguishers
would be phased-out by January 1, 1994.
On January 19, 1993, EPA issued a rule under Section 611 of the Clean Air Act that requires both
domestically produced and imported goods containing or manufactured with Class I chemicals to carry a
warning label. The rule covers items whose manufacture involves the use of Class I chemicals, even if the
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final product does not contain such chemicals. The EPA cited computer circuit boards, whose manufacture
requires cleaning with methyl chloroform, as an example of an item of this type.
Exports are exempt from this rule's labeling requirements, as are products that do not have direct
contact with these chemicals. In addition, if direct contact occurs but is non-routine and intermittent (e.g.,
spot-cleaning of textiles), no labeling is required. Moreover, if a second manufacturer incorporates a product
made with an ozone-depleting chemical into another item, the final product need not carry a label.
EXHIBIT 10. Class I Substances
Group I
Chlorofluorocarbon-
Chlorofluorocarbon-
Chlorofluorocarbon-
Chlorofluorocarbon-
Chlorofluorocarbon-
Group III
Chlorofluorocarbon-
Chlorofluorocarbon-
Chlorofluorocarbon-
Chlorofluorocarbon-
Chlorofluorocarbon-
Chlorofluorocarbon-
Chlorofluorocarbon-
Chlorofluorocarbon-
Chlorofluorocarbon-
Chlorofluorocarbon-
11 (CFC-11)
12 (CFC-12)
113 (CFC-113)
114 (CFC-114)
115 (CFC-115)
13 (CFC-13)
111 (CFC-111)
112 (CFC-112)
211 (CFC-211)
212 (CFC-212)
213 (CFC-213)
214 (CFC-214)
215 (CFC-215)
216 (CFC-216)
217 (CFC-217)
Group II
Halon-1211
Halon-1301
Halon-2402
Group IV
Carbon tetrachloride
Group V
Methyl chloroform
10
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Section B.
CLEAN WATER ACT REQUIREMENTS
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Section B. CLEAN WATER ACT REQUIREMENTS
Law: Federal Water Pollution Control Act (Clean Water Act)
The Clean Water Act (CWA) is the basic Federal law governing water pollution control in the
United States today. The computer industry produces a number of pollutants that are regulated under the
CWA. Applicable provisions of the CWA are described below, including Spills of Oil and Hazardous
Substances, the National Pollutant Discharge Elimination System (NPDES) Permit Program, and the
Underground Injection Control Program, which may impact the semiconductor industry in the future.
B.1 SPILLS OF OIL AND HAZARDOUS SUBSTANCES
B.I.I Discharge of Oil (40 CFR 110)
The regulations in this part apply to the discharge of oil, which is prohibited by Section 311(b)(3) of
the CWA. Prohibited discharges include certain discharges into or upon the navigable waters of the United
States or adjoining shorelines or into or upon the waters of the contiguous zone, those occurring in
connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974,
or those that may affect natural resources belonging to, appertaining to, or under the exclusive management
of the United States.
These regulations define the term "discharge" used in Section 110.11 of the CWA as including (but
not being limited to) any spilling, leaking, pumping, pouring, emitting, emptying, or dumping into the marine
environment of quantities of oil that:
(1) Violate applicable water quality standards6, or
(2) Cause a film or sheen upon or discoloration of the surface of the water or adjoining
shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or
upon the adjoining shorelines.
B.12 Oil Pollution Prevention (40 CFR 112)
This section establishes procedures, methods, equipment, and other requirements to prevent the
discharge of oil from non-transportation-related onshore and offshore facilities into or upon the navigable
waters of the United States or adjoining shorelines. A business that owns or operates above-ground oil
storage tanks having capacities greater than 1,320 gallons, and that could reasonably be expected to discharge
oil to the navigable waters of the United States, must prepare a written Spill Prevention Control and
Counter-measure (SPCC) Plan hi accordance with Section 112.7 of the CWA. No SPCC Plan is considered
to satisfy the requirements of this part unless it has been reviewed and certified by a Registered Professional
Engineer.
B Water quality standards are discussed in section B.2.3 below.
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In addition to the minimal prevention standards listed in Section 112.7(c), the SPCC Plan should
include a complete discussion related to the following:
Facility drainage (onshore);
Bulk storage tanks (onshore);
Facility transfer operations, pumping, and in-plant processes (onshore);
Facility tank car and tank truck loading/unloading rack (onshore);
Oil production facilities;
Oil drilling and workover facilities;
Oil drilling, production, or workover facilities (onshore);
Inspections and records;
Security (excluding oil production facilities); and
Personnel training and spill prevention procedures.
B.13 Designation and Reportable Quantities of Hazardous Substances Under the Federal Water Pollu-
tion Control Act (40 CFR 116 and 40 CFR 117)
Part 116 of the Federal Water Pollution Control Act (FWPCA) designates hazardous substances
under Section 311(b)(2)(a) of the Clean Water Act, and Part 117 of the FWPCA establishes the Reportable
Quantity (RQ) for each substance listed in Part 116. When an amount equal to or hi excess of the RQ is
discharged, the facility must provide notice to the Federal government of the discharge, following
Department of Transportation requirements set forth in 33 CFR 153.203. This requirement does not apply
to facilities that discharge the substance under an NPDES Permit or a Part 404 Wetlands (dredge and fill)
Permit, or to a publicly owned treatment works (POTW), as long as any applicable effluent limitations or
pretreatment standards have been met. Examples of RQs listed in 40 CFR 117.3 that may apply to
chemicals used in semiconductor manufacturing, semiconductor packaging, printed wiring board
manufacturing, and display manufacturing are shown in Exhibits 11 to 14.
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EXHIBIT 11. RQs That May Apply to the Semiconductor Industry
Hazardous Substance RQ in Pounds
Acetic acid 5,000
Ammonia 100
Ammonium fluoride 100
Ammonium hydroxide 1,000
Antimony trichloride 1,000
Antimony tripxide 1,000
Arsenic trioxide 1
Carbon tetrachloride 10
Chlorine 10
Chromic acid 10
Ethylbenzene 1,000
Ethylenediamine 5,000
Ferric chloride 1,000
Ferric nitrate 1,000
Hydrochloric acid 5,000
Hydrofluoric acid 100
Ispprene 100
Nickel compounds 10 to 100
Nitric acid 1,000
Phosphoric acid 5,000
Phosphorus oxychloride 1,000
Phosphorus trichloride 1,000
Potassium cyanide 10
Potassium hydroxide 1,000
Sodium hydroxide 1,000
Sulfuric acid 1,000
Trichloroethylene 100
Xylene 1.000
EXHIBIT 12. RQs That May Apply to Semiconductor Packaging
Hazardous Substance RQ in Pounds
Ammonium hydroxide 1,000
Antimony trioxide 1,000
n-butyl acetate 5,000
Chlorine 10
Chromic acid 10
Cupric chloride 10
Cupric nitrate 100
Ethylbenzene 1,000
Ferric chloride 1,000
Hydrochloric acid 5,000
Hydrofluoric acid 100
Nickel chloride 100
Nickel sulfate 100
Nitric acid 1,000
Potassium cyanide 10
Sulfuric acid 1,000
Toluene 1,000
Xvlenc 1.000
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EXHIBIT 13. RQs That May Apply to the Printed Wiring Board Industry
Hazardous Substance RQ in Pounds
Ammonia 100
Ammonium bifluqride 100
Ammonium chloride 5,000
Ammonium hydroxide 1,000
Chlorine 10
Chromic acid 10
Cupric chloride 10
Cupric nitrate 100
Cupric sulfate 10
Formaldehyde 100
Hydrochloric acid 5,000
.Hydrofluoric acid 100
Nickel chloride 100
Nitric acid 1,000
Potassium hydroxide 1,000
Potassium permanganate 100
Sodium hydroxide 1,000
Sulfuric acid 1.000
EXHIBIT 14. RQs That May Apply to the Display Manufacturing Industry
Hazardous Substance RQ in Pounds
Nitric acid 1,000
Trichloroethylene 100
B.2 EPA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
PROGRAM
B.2.1 National Pollutant Discharge Elimination System Permit Regulations
(40 CFR 122)
Sections 301, 304, 306, 307 and 402 of the Clean Water Act authorize the establishment of
regulations and the issuance of permits to control the discharge of pollutants to waters of the United States.
The National Pollutant Discharge Elimination System (NPDES) permit program includes regulations
governing these discharges. Thirty-nine States and one territory are authorized to administer NPDES
programs that are at least as stringent as the federal program; the EPA administers the program in States
that are not authorized to do so. The following discussion covers federal NPDES requirements; where a
State implements the program, the facility may be required to comply with additional requirements not
covered in this document.
The NPDES program requires permits for the discharge of "pollutants" from any "point source" into
"navigable waters". The Act defines all of these terms broadly. The term "pollutant" encompasses almost
anything that a source might discharge, including dredge spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural wastes discharged
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into water. The term "point source" means any discernible, confined and discrete conveyance, such as a
ditch or a pipe. The Act defines "navigable waters" as "waters of the United States". Courts have construed
the term "waters of the United States" very broadly, the waters need not be navigable in fact, and can include
wetlands.
Thus, a source will be required to obtain an NPDES permit if it discharges almost anything directly
to surface waters. A source that sends its wastewater to a publicly owned treatment works (POTW) will not
be required to obtain an NPDES permit, but may be required to obtain an industrial user permit from the
POTW to cover its discharge. Even if the source does not produce any wastewater, it may still be subject to
the NPDES permit program if it discharges "storm water associated with industrial activity", including
construction activity that results in the disturbance of 5 or more acres of land area. Section B.2.5 of this
document discusses when facilities need to . .-tain a storm water permit.
Permit application requirements are set forth in 40 CFR 122.21(f) and (g) for discharges of process
wastewater, 40 CFR 122.21(k) for new sources and new discharges, 40 CFR 122.21(h) for non-process
wastewater, and 40 CFR 122.26(c)(l) for storm water. Application requirements for variances are set forth
in 40 CFR 122.21(m).
An application for a permit for process wastewater must include information on the location of the
outfall(s), a line drawing showing the water flow through the facility (with a water balance), a description of
average flows and the treatment of wastewater before discharge, and an estimate of the facility's actual
production if an effluent limitation guideline applies (see below). In addition, the applicant must report
quantitative data for every outfall for the following pollutants:
Biochemical Oxygen Demand (BODS);
Chemical Oxygen Demand (COD);
Total Organic Carbon (TOC);
Total Suspended Solids (TSS);
Ammonia (measured as N);
Temperature (both winter and summer); and
pH.
The application also must report the results of any biological toxicity tests that may have been conducted on
its effluent within the previous three years. Finally, the facility must provide information on its "effluent
characteristics". Semiconductor manufacturing facilities will need to test for all 126 priority pollutants listed
hi 40 CFR 122, Appendix D. Semiconductor packaging, printed wiring board and display facilities must
provide quantitative data only for those priority pollutants which the applicant knows or has reason to believe
will be discharged in greater than trace amounts. Exhibits 15 - 17 list the priority pollutants likely to be
discharged by these facilities.
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EXHIBIT 15. Priority Pollutants Used in Semiconductor Packaging That May Be
Present in Discharge
Antimony Lead
Chromium Methylene chloride
Copper Nickel
Cyanide Silver
Ethylbenzene 1,1,1 trichloroethane
EXHIBIT 16. Priority Pollutants Used in Printed Wiring Board Manufacturing That
May Be Present in Discharge
Chromium Methylene chloride
Copper Nickel
Cyanide Perchloroethylene
Lead 1,1,1 trichloroethane
EXHIBIT 17. Priority Pollutants Used in Display Manufacturing That May be Present
in Discharge
Lead compounds Trichloroethylene
Each applicant also must indicate whether it knows or has reason to believe it discharges any of the other
hazardous substances, or non-conventional pollutants located at 40 CFR 122 Appendix D. Quantitative
testing is not required for the other hazardous pollutants; however, the applicant must describe why it
expects the pollutant to be discharged and provide the results of any quantitative data about its discharge of
that pollutant. Quantitative testing is required for the non-conventional pollutants if the applicant expects
them to be present in its discharge. Tables 18 - 22 list the other hazardous substances and other non-
conventional pollutants likely to be discharged by semiconductor, semiconductor packaging, printed wiring
board and display manufacturing.
EXHIBIT 18. Hazardous and Non-Conventional Chemicals Used in Semiconductor
Manufacturing
HAZARDOUS POLLUTANTS NON-CONVENTIONAL POLLUTANTS
Butyl acetate . Aluminum, total
Ethylene diamine Boron, total
Isoprene Chlorine, total residual
Xylene Iron, total
Nitrate/nitrite
Phosphorus, total
Titanium, total
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EXHIBIT 19. Hazardous and Non-Conventional Chemicals Used in Semiconductor
Packaging
HAZARDOUS POLLUTANTS
NON-CONVENTIONAL POLLUTANTS
Butyl acetate
Xylene
Chlorine, total residual
Iron, total
Nitrate/nitrite
Phosphorus, total
Tin, total
Titanium, total
EXHIBIT 20. Hazardous and Non-Conventional Chemicals Used in Printed Wiring
Board Manufacturing
HAZARDOUS POLLUTANTS
NON-CONVENTIONAL POLLUTANTS
Formaldehyde
Boron, total
Chlorine, total residual
Nitrates/nitrites
Tin, total
EXHIBIT 21. Hazardous and Non-Conventional Chemicals Used in Display
Manufacturing
HAZARDOUS POLLUTANTS
NON-CONVENTIONAL POLLUTANTS
Nitrates/nitrites
If the facility discharges only non-process wastewater, the application must include information on
the location of the outfall(s), a description of the type of waste, and the results of quantitative testing for the
following:
Biochemical Oxygen Demand (BODS);
Total Suspended Solids (TSS);
Fecal Coliform;
Total Residual Chlorine;
Oil and Grease;
Chemical Oxygen Demand (COD);
Total Organic Carbon (TOC);
Ammonia (measured as N);
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Discharge Flow;
pH; and
Temperature (both winter and summer).
A description of the frequency of flow and the duration of any seasonal or intermittent discharge and a brief
description of any system used or to be used must also be provided.
"Standard permit conditions" apply to all NPDES permits and are contained in 40 CFR 122.41.
These conditions describe the legal effect of the permit and its revocability, as well as explaining the
affirmative defenses which may be available to a non-compliant permittee. They also put the permittee on
notice of penalties which may be assessed if the permit is violated. Standard permit conditions also describe
the permittee's duties and obligations during the effective period of the permit, including the duty to comply
with all conditions in a current permit. The permittee must maintain records of all monitoring information
for a period of at least three years from the date of the sample, and monitoring results must be reported at
the intervals specified in the permit. The NPDES permitting authority (either EPA or an approved State) is
allowed to enf-r the facility at any reasonable time to conduct an inspection or to monitor activity. The
NPDES permitting authority must be notified if the discharger knows or has reason to believe that any toxic
discharge has exceeded any effluent limitation in the permit. Other generic requirements are also contained
in this section of the permit.
Along with standard permitting conditions, NPDES permits contain technology and water-quality
based effluent limitations, monitoring, reporting, and record keeping requirements, and, potentially, storm
water treatment provisions. Other site- specific conditions ("special conditions") may be imposed on facilities
through their NPDES permits, including:
Construction schedules
Best Management Practices (BMPs)
Additional monitoring for non-regulated pollutants of concern
Spill prevention plans.
E22 Effluent Guidelines and Standards for Electrical and Electronic Components (40 CFR 469)
A principal means for attaining water quality objectives under the Clean Water Act is the
establishment and enforcement of technology-based effluent limitations, which are based on the pollutant
control capabilities of available technologies, taking into consideration the economic achievability of these
limitations and a number of other factors. Because of differences in production processes, quantities, and
composition of discharges, separate standards are established for discharges associated with different industry
categories. These standards are referred to as technology-based effluent limitation guidelines.
The provisions in Part 469 apply to discharges resulting from all process operations associated with
the manufacture of semiconductors (except sputtering, vapor deposition, and electroplating). As used in this
Part, the term "total toxic organics (TTO)" means the sum of the concentrations of each of the following
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toxic organic compounds found in the discharge at a concentration greater than ten (10) micrograms per
liter:
1,2,4-Trichlorobenzene chloroform;
1,2-Dichlorobenzene;
1,3-Dichlorobenzene;
1,4-Dichlorobenzene ethylbenzene;
1,1,1-Trichloroethane methylene chloride naphthalene;
2-Nitrophenol phenol bis (2-ethylhexyl) phthalate tetrachloroethylene toluene trichloroethylene;
2-Chlorophenol;
2,4-Dichlorophenol;
4-Nitrophenol pentachlorophenol di-n-butyl phthalate anthracene;
1,2-Diphenylhydrazine isophorone butyl benzyl phthalate;
1,1-Dichloroethylene;
2,4,6-Trichlorophenol carbon tetrachloride;
1,2-Dichloroethane; and
1,1,2-Trichloroethane dichlorobromomethane.
The effluent limitations shown in Exhibits 22 through 25 are used by the semiconductor industry as
the basis for NPDES permits (Note: 40 CFR 125 contains details on the applicability of Best Practicable
Control Technology Currently Available (BPT) limitations).
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EXHIBIT 22. Effluent Limitations Representing the Degree
of Effluent Reduction Attainable by the Application
of the Best Practicable Control Technology Currently
Available (BPT)
Semiconductor BPT Effluent Limitations
Maximum Average of Daily
for Values for 30
Pollutant or 1 Day Consecutive Days
Pollutant Property (mg/1) (mg/1)
Total Toxic Organics 1.37 Not applicable
pH Within the Within the range
range of of 6.0 to 9.0
6.0 to 9.0
EXHIBIT 23. Effluent Limitations Representing the Degree
of Effluent Reduction Attainable by the Application
of the Best Practicable Control Technology Economically
Available (BAT)
Semiconductor BAT Effluent Limitations
Maximum Average of Daily
for Values for 30
Pollutant or 1 Day Consecutive Days
Pollutant Property (mg/1) (mg/1)
Total Toxic Organics 1.37 Not applicable
Fluoride (T) 310 17.4
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EXHIBIT 24. New Source Performance Standards (NSPS)
Semiconductor NSPS Effluent Limitations
Pollutant or
Pollutant Property
Total Toxic Organics
Fluoride (T)
pH
Maximum
for
IDay
(mg/1)
1.37
32.0
Within the
range of
6.0 to 9.0
Average of Daily
Values for 30
Consecutive Days
(mg/1)
Not applicable
17.4
Within the range
of 6.0 to 9.0
EXHIBIT 25. Effluent Limitations Representing the Degree
of Effluent Reduction Attainable by the
Application of the Best Conventional Pollution
Control Technology (BCT)
Semiconductor BCT Effluent Limitations
Pollutant or
Pollutant Property
pH
Maximum
for
IDay
(mg/1)
Within the
range of
6.0 to 9.0
Average of Daily
Values for 30
Consecutive Days
(mg/1)
Within the range
of 6.0 to 9.0
The effluent limitation to be applied to a particular pollutant in a particular case depends on:
(1) Whether the pollutant is conventional, nonconventional, or toxic;
(2) Whether the point source is a new or existing source; and
(3) Whether the point source discharges directly to the waters of the United States, or to a
POTW.
For existing sources, BPT requirements apply, these are designed to set a national floor for effluent
treatment for various industry classes; this floor is an average of the level of effluent reduction achievable by
available treatment technologies. National standards imposed by BPT requirements meet the following
criteria:
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(1) The degree of effluent reduction must be set independent of water quality; and
(2) Consideration must be given to the cost of applying a given technology.
In addition to the floor established by BPT, existing sources must comply with a second level of
control, depending on the type of pollutant discharged: BCT for conventional pollutants, and BAT for
nonconventional pollutants and toxics. (Heat or "thermal pollution" is separately regulated and is subject to
BAT).
In general, facilities on which construction has commenced after new source performance standards
(NSPS) have been promulgated are considered "new sources." (In some cases, NSPS apply to facilities on
which construction commenced after the NSPS was proposed.) NSPS applicable to semiconductor
manufacturing can be found at 40 CFR 469.17.
In the absence of effluent limitation guidelines for a facility category, permit writers established
technology-based controls using their Best Professional Judgement. In essence, the permit writer undertakes
an effluent guideline-type analysis for a single facility. The permit writer will use information such as permit
limits from similar facilities using similar treatment technology, performance data from actual operating
facilities, and the scientific literature. Best Professional Judgement may not be used in lieu of existing
effluent guidelines.
B23 Water Quality-Based Effluent Limitations (40 CFR 131)
NPDES permits must also contain any more stringent permit limitations based on State water
quality standards. Unlike the technology-based limitations discussed above, water quality-based controls
focus on the effects of the discharge on the receiving water. Such limitations may be necessary for surface
water discharges to protect local water quality.
States determine the appropriate uses of each water body within the State (e.g., drinking water
supply, fishable/swimmable, agriculture). States then establish water quality standards, or maximum
pollutant levels, for those bodies of water that are necessary to attain or maintain the designated use. An
appropriate standard may be expressed as a numerical ambient water quality criterion (e.g., a specified
amount of dissolved oxygen per unit of water). State standards also may include a narrative water quality
criterion, i.e., no discharge of toxic pollutants in toxic amounts. Some States may allow for the attainment of
water quality standards at some point within the receiving water (rather than at the end of pipe).
Consequently, permit writers must first calculate available dilution and determine a proper mixing zone (if
allowed by the State) to develop an effluent limit.
B.2.4 Indirect Discharger Requirements
B.2.4.1 Categorical Pretreatment Standards for the Semiconductor Industry
As mentioned above, only those facilities that discharge pollutants directly into United States
waters need to obtain an NPDES permit. Facilities that discharge to POTWs, however, must comply with
pretreatment requirements. Pretreatment requirements were developed because of concern that dischargers'
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waste containing toxic, hazardous, or concentrated conventional industrial wastes might "pass through"
POTWs or that pollutants will interfere with the successful operation of the POTW.
The next two tables (Exhibits 26 and 27) show national pretreatment standards for existing
semiconductor facilities and for new semiconductor facilities. (In addition, local pretreatment programs may
be applicable.)
EXHIBIT 26. Any Existing Source Subject to This Subpart
Which Introduces Pollutants Into a Publicly
Owned Treatment Works Must Achieve the
Following Pretreatment Standards for Existing
Sources (PSES)
Semiconductor PSES Effluent Limitations
Maximum Average of Daily
for Values for 30
Pollutant or 1 Day Consecutive Days
Pollutant Property (mg/1) (mg/0
Total toxic organics 1.37 Not applicable
EXHIBIT 27. Any New Source Which Introduces Pollutants Into
a Publicly Owned Treatment Works Must Achieve
the Following Pretreatment Standards for New
Sources (PSNS)
Semiconductor PSNS Effluent Limitations
Pollutant or
Pollutant Property
Total toxic organics
Maximum
for
1 Day
(mg/1)
1.37
Average of Daily
Values for 30
Consecutive Days
(mg/1)
Not applicable
B.2.4.2 General EPA Pretreatment Standards (40 CFR 403)
In addition to the "categorical" standards applicable to the semiconductor industry, general
pretreatment standards apply to all facilities. These general pretreatment standards prohibit the following
from being introduced into a POTW:
(1) Pollutants that create a fire hazard in the POTW including, but not limited to, wastestreams
with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using specified test methods;
(2) Pollutants that will cause corrosive structural damage to the POTW, but in no case
discharges with pH lower than 5.0, unless the works is specifically designed to accommodate
such discharges;
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(3) Solid or viscous pollutants in amounts that will cause obstruction to the flow in the POTW,
resulting in interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a discharge
at a flow rate and/or pollutant concentration that will cause interference with the POTW;
(5) Heat in amounts that will inhibit biological activity in the POTW, resulting in interference,
but in no case heat in such quantities that the temperature at the POTW treatment plant
exceeds 40 degrees Centigrade, unless the approval authority, upon request of the POTW,
approves alternate temperature limits;
(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil in amounts that will
cause interference or pass through;
(7) Pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems; and
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
When a POTW uses physical, chemical, or biological means to reduce the amount of a pollutant
during treatment, industrial users may be granted removal credits tc reflect the level of treatment achieved
by the POTW. Removal credits enable the user to revise his/her discharge limits, which may, in turn, help
to ensure that indirect dischargers do not expend resources unnecessarily to treat their own effluents to levels
below the removal level achievable by the POTW.
A single discharger may find it advantageous to combine wastestreams prior to treatment, which
often results in more cost-effective treatment. In Section 403.6(e), EPA provides a "combined wastestream
formula" that incorporates flow, mass, and concentration to establish effluent limits.
BJZ.5 Storm Water Permits (40 CFR 12226)
Storm water permits are required for areas where material handling equipment or activities, raw
materials, intermediate products, final products, waste materials, by-products, or industrial machinery are
exposed to storni water which drains to a municipal separate storm sewer system or directly to a receiving
water. (Storm water permits are not required where the runoff flows through a combined sewer to a POTW
and is treated prior tc discharge.) Storm water permit applications must include a site map showing the
topography of the facility, including: drainage and discharge structures; the drainage area of each storm water
outfall; paved areas and buildings within each drainage area; areas used for outdoor storage or disposal; each
existing structural control measure to reduce pollutants in storm water runoff; materials loading and access
areas; areas where pesticides, herbicides, soil conditioners, and fertilizers are applied; each of the facility's
hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected
underground; and springs and other surface water bodies that receive storm water discharges. An estimation
of the area of impervious surfaces, the total area drained by each outfall, and a description of the storage,
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handling, and disposal of "significant" materials in the three years prior to the submittal of the application
must also be documented.
A certification that all outfalls have been tested or evaluated for the presence of non-storm water
discharges that are not covered by a NPDES permit must be made, and this certification must include a
description of the method used, dates, and the observed on-site drainage points.
Quantitative data based on samples collected during storm events from all outfalls for the following
must be documented:
(1) Any pollutant limited in an effluent guideline to which the facility is subject;
(2) Any pollutant listed in the facility's NPDES permit;
(3) Oil, grease, pH, BODS, COD, TSS, total phosphorus, total Kjeldahl nitrogen, and nitrate
plus nitrite nitrogen;
(4) Flow measurements or estimates of the flow rate, and the total amount of discharge for the
storm event(s) sampled and the method of the measurement; and
(5) The date and duration of the storm event(s) sampled and rainfall measurements and the
duration between the storm event sampled and the end of the previous measurable storm
event.
B3 UNDERGROUND INJECTION CONTROL PROGRAM (40 CFR 144 AND 40 CFR 146)
The Office of Ground Water and Drinking Water is currently developing regulations for the
Underground Injection Control Program (UIC) that are designed to expand control over the subsurface
emplacement of fluids via injection wells. These new regulations, which will be amendments to 40 CFR
Parts 144 and 146, should be proposed sometime in 1993. Parts 144 and 146 establish general provisions,
criteria, and standards for the Underground Injection Control Program. As amended by future regulation,
these Parts will set forth minimum Federal requirements for the permitting, operating, monitoring, and
closure of several types of shallow injection wells. When these regulations are finalized (tentatively
scheduled for 1994), restrictions will be placed on the operation of some types of shallow disposal wells,
particularly wells that inject industrial-type wastes.
Computer manufacturing facilities that are located in areas without sewers and rely on shallow waste
injection wells to dispose of industrial and non-sanitary waste generated by the facility would be severely
affected by these new regulations.
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Section C.
RCRA-RELATED REQUIREMENTS
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Section C. RCRA-RELATED REQUIREMENTS
Law: Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act (RCRA) of 1976 (as amended in 1984) may have a
direct regulatory impact on the computer industry in three ways. First, RCRA sets up a cradle-to-grave
system for tracking and regulating hazardous wastes, and this system affects most segments of the computer
industry. Second, Subtitle I of RCRA sets up a system for regulating underground storage tanks containing
petroleum or other hazardous substances; a facility in the computer industry would be affected by regulations
issued under Subtitle I only if it owns an underground storage tank containing petroleum or hazardous
substances. Third, Subtitle D of RCRA sets up a framework for regulating solid wastes that are not
classified as hazardous wastes. In general, the impacts of Subtitle D on the industry are indirect, i.e., come
mto play as a result of the industry's use of Federal or State solid waste disposal facilities, including
municipal soli.! waste facilities. (Subtitle D requirements are not discussed further in this report because
they will not directly impact most computer industry facilities.)
) The EPA has issued regulations, found in 40 CFR Parts 260-299, which implement the Federal
statute. These regulations are Federal requirements. Many RCRA requirements will be implemented
through RCRA-authorized State laws, which may be more stringent than Federal requirements. There are
also non-RCRA State laws that set out hazardous waste management requirements. A facility should always
check with the State when analyzing which requirements apply to their activities.
The Federal regulations are summarized in the 1990 edition of the RCRA Orientation Manual
(#055-000-00364-5), copies of which are available from the Superintendent of Documents at the Government
Printing Office (202-512-0000) for $16.00 (although for up-to-date information, the current regulations should
be consulted.)
C.1 HAZARDOUS WASTE MANAGEMENT
The major factors that determine whether and to what extent RCRA requirements apply to a facility
that generates hazardous waste are the types and kinds of hazardous wastes being produced, the volume of
hazardous waste produced per month, and the length of time the hazardous waste remains on site. This
section discusses (1) how to determine if particular wastes are hazardous; (2) which requirements apply to
the generators of hazardous waste; and (3) what the faculty's status is if a waste is determined to be
hazardous. (Requirements applicable to facilities that treat or dispose of hazardous waste, or engage in long-
term storage of hazardous waste on-site are not addressed here; however, Appendix I of 40 CFR 260
contains a valuable flow chart for determining what RCRA regulations may apply in given situations.)
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C.I.I Waste Classification
Part 261 of 40 CFR addresses the identification and listing of hazardous wastes. The generator has
the responsibility for determining whether a waste is hazardous and what classification, if any, applies to the
waste. The generator must examine the regulations and undertake any tests necessary to determine if the
wastes generated are hazardous. In some cases, waste generators may use their own knowledge and
familiarity with the waste to determine whether it is hazardous. (Generators may be subject to enforcement
penalties for improperly determining that a waste is not hazardous.) Wastes can be classified as hazardous
either because they are listed by EPA through regulations and appear in the CFR or because they exhibit
certain characteristics. Listed wastes are specifically named, e.g., discarded commercial toluene, spent non-
halogenated solvents and spent cyanide plating bath solutions from electroplating operations. Characteristic
wastes are defined as hazardous if they "fail" a characteristic test, such as the RCRA test for ignitability.
C.l.1.1 Listed Wastes
There are four separate lists of hazardous wastes in 40 CFR 261. Part 261.31 lists wastes from
non-specific sources and includes wastes generated by industrial processes that may occur in several different
industries; the codes for such wastes always begin with the letter "F." F001, F002, F003, and F004, which
designate various types of spent solvent wastes, are examples of wastes from non-specific sources that may be
generated by facilities in the computer industry. The second category of listed wastes (40 CFR 261.32) in-
cludes hazardous wastes from specific sources; these wastes have codes that begin with the letter "K." Unless
a facility engages in the production of chemicals on site, it is unlikely that any computer manufacturing
facility would have wastes falling into this category. The remaining lists (40 CFR 261.33) cover commercial
chemical products that have been or are intended to be discarded; waste codes beginning with "P" are
considered acutely hazardous, while those beginning with "U" are simply considered hazardous. Exhibits .28 to
31 show listed wastes that are commonly used in semi-conductor manufacturing, semiconductor packaging,
printed wiring board manufacturing, and display manufacturing. (While these exhibits are intended to be as
comprehensive as possible, individual facilities may generate other hazardous wastes and may wish to consult
40 CFR 261.31 - 261.33.)
In addition, most wastes that are (1) derived from a listed hazardous waste, or (2) are a mixture of a
listed hazardous and non-hazardous waste are considered hazardous wastes. Environmental media (such as
soil or ground water) that contain a hazardous waste may also be considered hazardous.
C.l.1.2 Characteristic Wastes
EPA also considers a waste hazardous if it exhibits one or more of four characteristics. Three
characteristics are determined by tests of the properties of the waste; these characteristics (and the section of
the CFR defining the tests and applicable waste codes) are:
Ignitability (40 CFR 261.21, D001);
Corrosiviry (40 CFR 261.22, D002); and
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Reactivity (40 CFR 261.23, D003).
Several waste streams in the computer industry may be characterized as hazardous because they exhibit one
or more of these characteristics. (For example, one of the definitions of corrosivity is any aqueous "solid"
waste with a pH of less than or equal to 2 or more than or equal to 12.5.)
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EXHIBIT 28. Some Examples of Listed Wastes Found in Semiconductor Manufacturing
Waste Code
Name or Descriptionof Waste
F001
F002
F003
F005
P012
.P056
P096
P098
U002
U112
U113
U134
U154
U161
U211
U226
U228
U239
U359
The following spent halogenated solvents used in degreasing: Tetrachloroethylene.trichlorocthylene,
methylcne chloride, 1,1,1-trichloroethane, carbon tetiachloride,and chlorinatedfluorocarbons; all 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.
The following spent halogenated solvents: Tetrachloroethylene, methylene chloride, trichloroethylene,
1,1,1-trichloroethane, chlorobenzene, l,l,2-trichloro-l,2,2-trifluoroethane, ortho-dichlorobenzene,
trichlorofluoromethane^nd 1,1,2-trichloroethane; all 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 listed in F001, F004, orFOOS; and still bottoms from the recovery of these spent solvents and
spent solvent mixtures.
The following spent non-halogenated solvents: Xylene, acetone, ethyl acetate, ethyl benzene, ethyl
ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol;all 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 P001, F002,
F004, andFOOS; and still bottomsfrom the recovery of these spent solvents and spent solvent mixtures.
The following spent non-halogenated solvents: Toluene, methyl ethyl ketone, carbon disulfide,
isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropanc;all 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, or F004; and still bottoms from the
recovery of these spent solvents and spent solvent mixtures.
Arsenic trioxide
Fluorine
Phosphine
Potassium cyanide
Acetone
Ethyl acetate
Ethyl acrylate
Hydrofluoric acid
Methanol
Methyl isobutyl ketone
Carbon tetrachloride
1,1,1-Trichloroe thane
Trichloroethylene
Xylene
Ethyleneglycol monomethyl ether
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EXHIBIT 29. Some Examples of Listed Wastes Found in Semiconductor Packaging
Waste Code Name or Description of Waste
F003 The following spent non-halogenated solvents: Xylene, acetone, ethyl acetate, ethyl benzene, ethyl
ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol;all 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 POOS; and still bottoms from the recovery of these spent solvents and spent solvent
mixtures.
F003 The following spent non-halogenated solvents: Toluene, methyl ethyl ketone, carbon disulfide,
isobutanol,pyridine, benzene, 2-cthoxyethanol,and 2-nitropropane;all 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, FD02, or F004; and still bottoms from the
recovery of these spent solvents and spent solvent mixtures.
P098 Potassium cyanide
P099 Potassium silver cyanide
U002 Acetone
U080 Methylenechloride
U104 Silver cyanide
U112 Ethyl acetate
U134 Hydrofluoric acid
U154 Methanol
U161 Methyl isobutyl ketone
U226 1,1,1 Trichloroethane
U239 ' Xylene
U3S9 Ethyleneglycol monomethyi ether
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EXHIBIT 30. Some Examples of Listed Wastes Found in Printed Wiring Board Manufacturing
Waste Coce
Name or Dcscriptionof Waste
F001
F002
F007
F008
P098
U002
U080
U122
U134
U226
U359
The following spent halogenated solvents used in degreasing: Tetrachloroethylene, trichlorocthylenc,
methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride,and chlorinatedfluorocarbons; all 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
POOS; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.
The following spent halogenated solvents: Tetrachloroethylene, methylene chloride,
trichlorocthylcne,1,1,1-trichloroethane, chlorobenzene, l,l,2-trichloro-l,2,2-trifluorocthanc, ortho-
dichlorobenzene,trichlorofluoromethane,and 1,1,2-trichloroethane; all spent solvent mixtures/blends
containing, before use, a total of ten percent or more (by volume) of one or more of the above
balogenated solvents or those listed in F001, F004, or POOS; and still bottoms from the recovery of
these spent solvents and spent solvent mixtures.
Spent cyanide plating bath solutions from electroplating operations.
Plating bath residues from the bottom of plating baths from electroplating operations where cyanides
are used in the process.
Potassium cyanide
Acetone
Methylene chloride
Formaldehyde
Hydrofluoric acid
1,1,1 Trichloroethane
Ethyleneglycol monomethyl ether
EXHIBIT 31. Some Examples of Listed Wastes Found in Display Manufacturing
Waste Code
Name or Description of Waste
F001
F002
U228
The following spent halogenated solvents used in degreasing: Tetrachloroethylene, trichloroethylene,
methylene chloride, 1,1,1-trichloroethane, carbon tetrachlonde, and chlorinated fluorocarbons; all 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.
The following spent halogenated solvents: Tetrachloroethylene, methylene chloride,
trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, l,l,2-trichloro-l,2,2-triiluoroethane, ortho-
dichlorobcnzenc,trichlorofluoromethane,and 1,1,2-trichloroethane; all 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 listed in F001, F004, or POOS; and still bottoms from the recovery of
these spent solvents and spent solvent mixtures.
Trichloroethylene
33
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The fourth characteristic is toxicity. The toxicity characteristic applies to a list of 40
substances, including metals, non-metals, pesticides, and other organic chemicals. If a waste leachate
(derived from putting the waste through a test called the Toxicity Characteristic Leaching Procedure, or
TCLP) contains any one of these 40 constituents at levels above the level of regulatory concern, the waste is
considered a hazardous waste. Exhibits 32 to 35 list some of the toxicity characteristic substances that are
likely to be constituents of computer-industry wastes. Individual facilities may generate waste containing
other constituents that exhibit the toxicity characteristic.
EXHIBIT 32. EPA Toxic Characteristic Contaminants That May be Found in
Semiconductor Manufacturing Waste
Waste Code Contaminant
D004 Arsenic
D007 Chromium
D011 Silver
D019 Carbon tetrachloride
D040 Trichloroethylene
EXHIBIT 33. EPA Toxic Characteristic Contaminants That May be Found in
Semiconductor Packaging Waste
Waste Code Contaminant
D008 Lead
D011 Silver
EXHIBIT 34. EPA Toxic Characteristic Contaminants That May be Found in Printed
Wiring Board Manufacturing Waste
Waste Code Contaminant
D008 Lead
EXHIBIT 35. EPA Toxic Characteristic Contaminants That May be Found in Display
Manufacturing Waste
Waste Code Contaminant
D040 Trichloroethylene
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C.I 2 Applicability of Hazardous Waste Generator Requirements
Only a few hazardous waste regulations apply to firms that qualify as "conditionally exempt small
quantity generators." A facility qualifies for this category if it:
Generates less than 100 kg per month of hazardous waste;
Generates less than 1 kilogram per month of acutely hazardous waste (for special limitations
that apply to materials contaminated by a spill of acutely hazardous waste, see 40 CFR
261.5(e)(2)); and
Never has more than 1,000 kilograms of accumulated hazardous waste or 1 kilogram of
acutely hazardous waste on site at any one time (see 40 CFR 261.5(f)(2)).
(40 CFR 261.5(d) provides guidance concerning how to measure the quantity of hazardous waste generated
and stored.)
Conditionally exempt small quantity generators need meet only the following requirements:
They must evaluate the waste to determine whether it is a hazardous waste;
They may not accumulate more than 1,000 kilograms of hazardous waste at any time; and
They must treat or dispose of the waste on site or ensure delivery to a:
Permitted or interim status treatment, storage and disposal facility (TSDF), or
State approved municipal or industrial solid waste facility, or
Legitimate recycling facility.
Hazardous waste generators that do not meet the conditions for conditionally exempt small quantity
generators must (among other requirements such as record keeping and reporting):
Obtain a generator identification number;
Store and ship hazardous waste in suitable containers or tanks (for storage only);
Manifest the waste properly;
; Maintain copies of the manifest, a shipment log covering all hazardous waste shipments, and
test records;
Comply with applicable land disposal restriction requirements; and
Report releases or threats of releases of hazardous waste.
The latter three requirements are discussed further below.
C.13 Requirements Tor All Generators Other Than Conditionally Exempt Small Quantity Generators
C.l.3.1 Waste Containers
Both large and small quantity generators must ensure that hazardous wastes to be shipped off site
are kept in areas that meet basic safety requirements. The wastes must be properly stored to prevent leaks
and must be labeled as hazardous waste.
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(1) 40 CFfi. Part 262.34 requires that containers maintained on site be labeled with the words
"HAZARDOUS WASTE."
(2) 40 CFR Parts 262.31 and 262.32 require that containers be labeled with the name of the
waste and that labels and placards be used in accordance with applicable EPA (40 CFR
262.32 and 262.33) and Department of Transportation (49 CFR Part 172 Subpart F)
requirements.
(3) 40 CFR Part 262.34 requires that the date on which accumulation begins be shown on the
container.
(4) 40 CFR 265 Subpart I requires that, except when adding or removing waste, hazardous
waste be stored in a closed container that is in good condition, be inspected at least weekly
(40 CFR 265.174), and be compatible with the waste to be stored. This subpart also
explains special requirements for ignitable (40 CFR 265.176) and incompatible wastes (40
CFR 265.177).
Wastes stored in tanks or tank systems and waste generators that use drip pads are subject to more
extensive requirements (see 40 CFR 265 Subparts J and W, respectively).
C.l.3.2 Hazardous Waste Shipments
Hazardous wastes being shipped off site must go to a RCRA-permitted facility. Large and small
quantity generators must complete a Uniform Hazardous Waste Manifest (40 CFR Part 262.20), which can
usually be obtained from State environmental agencies. (Small quantity generators who have a contractual
agreement with a reclaimer that specifies the waste types and frequency of shipments and states that the
reclaimer provides the vehicle used to transport the waste do not need to manifest these wastes if they
maintain a copy of the agreement in their files. See 40 CFR 262.20 for details.) The manifest must have
enough copies to provide the generator, each transporter, and the owner or operator of the designated
facility with one copy each for their records, and another copy to be returned to the generator.
C.l.3.3 Land Disposal Restriction Notification
To prevent wastes that can be safely treated or disposed of by other means from being land
disposed, 40 CFR 268 sets up a series of restrictions on the land disposal of solid waste and methods of
enforcing these restrictions. 40 CFR Part 268.7 requires that a written land disposal restriction notification
be transmitted to the destination facility with each shipment of hazardous waste.
(1) The notification must be signed by the generator and must include the following:
EPA hazardous waste number (e.g., F002);
The corresponding treatment standard(s) (see 40 CFR 268.7(a)(l)(ii) for details);
The manifest number associated with the shipment of waste; and
Waste analysis data, where available.
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(2) A copy of the written notification and certification statement must be filed with the
associated manifest copies.
Most computer industry hazardous wastes are covered by the land disposal restrictions. For
example, spent solvents that are hazardous wastes are banned from land disposal unless treated to
appropriate levels. Many other wastes also must be treated prior to land disposal. For example, glass cullet
from the manufacture of computer cathode ray tubes (CRTs) usually qualifies as hazardous debris because it
commonly fails the toxicity characteristic for lead. After May 8, 1994, such wastes will have to be treated to
remove their lead or must undergo either micro- or macro-encapsulation prior to land disposal; any
treatment capacity available before that date will have to be utilized.
C.l.3.4 Release or Threat of Release Reporting (40 CFR Part 262.34)
In case of fire, explosion, or other release of hazardous material to the environment, the
generator must immediately contact the National Response Center at 800-424-8802 and be prepared to
supply the following information:
Generator name, address, and EPA Identification Number;
Date, time, and type of incident;
Quantity and type of hazardous waste(s) involved;
Extent of injuries, if any,
Estimated quantity and disposition of recovered material, if any, and
For large quantity generators, an assessment of the actual or potential hazards to human
health and the environment.
C.1.4 Requirements That Apply to All Generators But Vary In Accordance With the Volume of Waste
Generated
C.l.4.1 Distinction Between Large and Small Quantity Generators
The application of some RCRA requirements is dependent on whether a generator is classified as
a large or small quantity generator. Small quantity generators are generators who do not qualify as
conditionally exempt small quantity generators (see Section C.1.2, above) and have more than 100 but less
than 1,000 kilograms of hazardous waste at a site per month (and accumulate less than 6,000 kilograms at
any one time).
All generators who do not meet these requirements or those for conditionally exempt small quantity
generators are classified as large quantity generators. The remainder of this section discusses requirements
that vary according to whether a generator is classified as a small or large quantity generator.
C.l.4.2 Determination of When a Generator Becomes a Treatment. Storage, or Disposal Facility
Any generator (except some conditionally exempt small quantity generators (see 40 CFR
261.5(g)), no matter what monthly waste output, who disposes of waste on site is classified as a treatment,
storage, or disposal facility. A small quantity generator who stores waste on site for more than 180 days
37
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without seeking an extension is also classified as a hazardous waste storage facility, as is any large generator
who stores waste on site for more than 90 days without seeking an extension. Every hazardous waste
treatment, storage, or disposal facility must comply with 40 CFR 264 through 267 and 40 CFR 270, including
requirements to apply for a permit and meet certain technical and financial responsibility requirements.
C.l.4.3 Biennial Reporting (40 CFR Part 262.41)
Large quantity generators must submit a biennial report of their hazardous waste generation and
management activity by March 1 of every even-numbered year. In the report, the generator must identify
each waste transporter and each TSD facility used throughout the year. The generator also must describe
the hazardous waste generated and shipped, efforts made to reduce the volume and toxicity of the waste, and
changes made in the volume and toxicity of the waste compared with those achieved in previous years. For
generators who treat, store, or dispose of wastes on-site, additional reporting is required on methods of
treatment, storage, or disposal.
C.l.4.4 Document Retention Period
Large and small quantity generators must maintain copies of each manifest, exception report, test
result, and waste analysis, for at least three years (40 CFR Part 262.40). Large quantity generators must
maintain copies of their biennial report for the same period of time. This time period is automatically
extended during the course of an unresolved EPA enforcement action regarding the regulated activity, or as
requested by the Administrator.
The generator must keep a copy of each land disposal restriction notification form for at least
5 years (40 CFR Part 268.7).
C.I .4.5 Training. Preparedness, and Emergency Procedures (40 CFR Part 262.34(a₯4>. (d)(S)(iiiY)
These sections, respectively, apply only to large or small quantity (between 100 and 1000
kilograms per month of hazardous waste) generators who store on-site for up to 90/180 days. The
requirements in these sections state that, among other things, personnel must be familiar with emergency
procedures to be followed in the event of spills, fires or other releases of hazardous waste. Large quantity
generators must establish an appropriate hazardous waste handling training program for their employees.
Small quantity generators must ensure that employees handling hazardous wastes are thoroughly familiar
with proper waste handling procedures and that there is always a person on call or at the premises with
responsibility for coordinating all response measures in the event of an emergency. Large quantity
generators also must prepare for each facility a contingency plan designed to minimize hazards to human
health or the environment from fires, explosions or any unplanned release of hazardous waste or hazardous
waste constituents.
C.l.4.6 Exception Reporting (40 CFR 262.42)
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If a signed manifest copy has not been received from the designated facility within 35 days of
shipment, large quantity generators must contact the transporter and/or the designated facility to determine
the status of the hazardous waste. If the manifest copy has still not been received after 45 days, an exception
report must be submitted to EPA. (Exception reports are sent to the Regional Administrator of the
appropriate EPA Regional Office.) This exception report must include:
A legible copy of the manifest, and
A cover letter signed by the generator explaining efforts taken to locate the waste and the
results of those efforts.
Small quantity generators must submit a legible copy of the manifest with an indication that the
generator has not yet received confirmation of delivery to the appropriate Regional Administrator if they do
not receive a signed copy of the manifest within 60 days of shipment. (States may impose more stringent
requirements for exception reporting.)
C2 UNDERGROUND STORAGE TANK MANAGEMENT
Subtitle I of the Resource Conservation and Recovery Act (as amended) establishes a program to
control and prevent leaks from underground storage tanks. Subtitle I covers underground storage tanks
containing petroleum products and hazardous substances as defined by Superfund , except for hazardous
waste storage tanks, which are regulated under Subtitle C of RCRA. A storage tank is defined as
underground if 10 percent or more of the volume, including the volume of underground pipes, is beneath the
surface of the ground. Thus a tank that is 90 percent aboveground is classified as an underground storage
tank. Some types of underground storage tanks are not covered by Subtitle I. For example, in the computer
industry, the following Subtitle I exceptions may be important: underground storage tanks storing heating oil
used on the premises, septic tanks and other tanks for collecting waste water and storm water, flow-through
process tanks, and emergency spill tanks that are emptied immediately after use.
If a facility in the computer industry owns or operates an underground storage tank that is not
covered by any of the allowed exemptions, the facility must comply with the requirements set forth in
40 CFR 280 or, if the facility is located in a State authorized to carry out the Underground Storage Tank
program, with the requirements of the approved State program. These generally include requirements for:
Design, construction, installation, and notification;
General operations;
Release detection;
Release reporting, investigation, and confirmation;
Release response and corrective action (for petroleum underground storage tanks);
Closure of underground storage tanks; and
Financial assurance (for petroleum underground storage tanks).
fj
See the next section for a partial listing of hazardous substances covered by Superfund.
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Section D.
SUPERFUND AND COMMUNITY
RIGHT-TO-KNOW
REQUIREMENTS
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Section D. SUPERFUND AND COMMUNITY RIGHT-TO-KNOW REQUIREMENTS
Law: Comprehensive Environmental Response, Compensation and Liability Act
This section describes the reporting requirements established by the Comprehensive Environmental
Response, Compensation and Liability Act (also known as CERCLA, or more commonly as Superfund) and
the Emergency Planning and Community Right-to-Know Act. CERCLA, the Act that created the Superfund
and set up a variety of mechanisms to address risks to public health, welfare, and the environment caused by
hazardous substance releases, was enacted in 1980 and, among other amendments, was amended in 1986 by
Title I of the Superfund Amendments and Reauthorization Act (SARA). Title III of SARA is the
Emergency Planning and Community Right-to-Know Act (EPCRA), which created an emergency planning
framework and established the right of local governments and members of the public to obtain information
on the hazards posed by potential toxic substance releases. This section does not address Superfund liability
rules, but focuses instead on regulatory reporting requirements.
The relevant regulatory reporting requirements derived from these acts mandate the reporting of:
(1) releases of CERCLA hazardous substances to the National Response Center (40 CFR 302); (2) the
presence of certain amounts of extremely hazardous and hazardous substances at a facility (40 CFR 355 and
370); (3) the emergency release of certain extremely hazardous and hazardous substances (40 CFR 355); and
(4) other toxic chemical releases (40 CFR 372). Although these reporting requirements often use similar
phrases, e.g., "reportable quantity," and "threshold planning quantity," these terms may have different
definitions or may apply differently under various requirements.
D.1 REPORTING OF RELEASES TO THE NATIONAL RESPONSE CENTER
Most substances deemed hazardous by CERCLA are listed in 40 CFR 302.4. Based on criteria that
relate to the possibility of harm associated with the release of each substance, CERCLA assigns a substance-
specific reportable quantity (RQ); RQs are either 1, 10,100, 1000, or 5000 pounds (except for radionuclides).
Exhibits 36 to 39 list RQs for some of the chemicals used in semiconductor manufacturing, semiconductor
packaging, printed wiring board manufacturing, and display manufacturing. Any person in charge of a
facility (or a vessel) must immediately notify the National Response Center as soon as a person has
knowledge of a release (within a 24-hour period) of an amount of a hazardous substance that is equal to or
greater than its RQ. There are some exceptions to this requirement, including exceptions for certain
continuous releases and for Federally permitted releases.
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EXHIBIT 36. Reportable Quantities for Some Chemicals Used in Semiconductor Manufacturing
Reportable
Chemical Quantity
(Lbs)
Acetic acid 5,000
Acetone 5,000
Ammonia 100
Ammonium hydroxide 1,000
Ammonium fluoride 100
Antimony 5,000
Antimony trioxide 1,000
Antimony trichloride 1,000
Arsenic trioxide 1
Q
Arsenic 1°
n-Butyl acetate 5,000
Carbon tetrachloride 10
Chlorine 10
Chrome 5,000
Chromic acid 10
Chromium 5,000
Copper 5,000
Ethyl acetate 5,000
Ethyl acrylate 1,000
Ethylbenzene 1,000
Ethyleneglycol monomethylether 1,000
Ethylenediamine 5,000
Ferric nitrate 1,000
Ferric chloride 1,000
Hydrochloric acid .5,000
Hydrofluoric acid 100
Hydrogen chloride 5,000
Isoprene 100
Methanol 5,000
Methyl isobutyl ketone 5,000
Nickel 100
Nitric acid 1,000
Phosphine 100
Phosphoric acid 5,000
Phosphorusoxychloride ' 1,000
Phosphorustrichloride 1,000
Potassium hydroxide 1,000
Potassium cyanide 10
Silver 1,000
Sodium hydroxide * 1,000
Sulfuric acid 1,000
1,1,1-Trichloroethane 1,000
Trichloroethylene 100
Xylene 1,000
8 Quantity may be subject to change when EPA completes its assessment of the potential carcinogenicity of
this substance.
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EXHIBIT 37. Reportable Quantities for Some Chemicals Used in Semiconductor Packaging
Chemical
Acetone
Ammonium hydroxide
Antimony trioxide
n-butyl acetate
Chlorine
Chromic acid
Chromium
Copper
Cupric chloride
Cupric nitrate
Ethyl acetate
Ethylbenzene
Ferric chloride
Hydrochloric acid
Hydrofluoric acid
Lead
Methanol
Methylene chloride
Nickel
Nickel chloride
Nickel sulfate
Nitric acid
Potassium cyanide
Potassium hydroxide
Potassium silver cyanide
Silver
Silver cyanide
Sodium hydroxide
Sulfuric acid
Toluene
1,1,1 Trichloroethane
Xylene
Reportable
Quantity
(Lbs)
5,000
1,000
1,000
5,000
10 (
10
5,000
5,000
10
100
5,000
1,000
1,000
5,000
100
f
5,000
1,000
100
100
100
1,000
10
1,000
1
1,000
1
1,000
1,000
1,000
1,000
1,000
9 Quantity may be subject to change when EPA completes its assessment of the potential carcinogenicity of
this substance.
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EXHIBIT 38. Reportable Quantities for Some Chemicals Used in Printed Wiring Board Manufacturing
Reportable
Chemical Quantity
(Lbs)
Acetone 5,000
Ammonia 100
Ammonium hydroxide 1,000
Ammonium chloride 5,000
Ammonium bifluoride 100
Chlorine 10
Chromic acid 10
Copper 5,000
Cupric chloride 10
Cupric nitrate 100
Cupric sulfate 10
Formaldehyde 100
Hydrochloric acid 5,000
Hydrofluoric acid 100
Lead I10
Methylene chloride 1,000
Nickel 100
Nickel chloride 100
Nitric acid 1,000
Perchloroethylene 100
Potassium hydroxide 1,000
Potassium permanganate 100
Sodium hydroxide 1,000
Sulfuric acid 1,000
1,1,1-Trichloroethane 1,000
EXHIBIT 39. Reportable Quantities for Some Chemicals Used in Display Manufacturing
Reportable
Chemical Quantity
(Lbs)
Nitric acid 1,000
Trichloroethylene 100
D2 EMERGENCY PLANNING AND NOTIFICATION FOR EXTREMELY HAZARDOUS
SUBSTANCES
Any facility that has an extremely hazardous substance or Superfund hazardous substance present at
or above threshold planning quantities needs to notify, for the purposes of emergency response planning, the
State emergency response commission and the local emergency planning commission. Any facility producing,
using, or storing a hazardous chemical, as defined by Occupational Safety and Health Administration (29
CFR 1910.1200), that releases a reportable quantity of an extremely hazardous substance or a Superfund
hazardous substance must immediately notify the local emergency planning committee and the State
emergency planning commission. (See 40 CFR 355 for further details concerning these reporting
10 Quantity may be subject to change when EPA completes its assessment of the potential carcinogenicity
and/or chronic toxicity of this substance.
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requirements.) Exhibits 40 to 43 show the threshold planning quantities and reportable quantities for some
EPCRA-designated extremely hazardous chemicals used to manufacture semiconductors, semiconductor
packaging printed wiring boards, and displays.
D3 REPORTING OF PRESENCE, STORAGE, OR USE OF HAZARDOUS CHEMICALS
Any facility that is required by OSHA's Hazard Communication Standard (29 CFR 1910.1200) to
have Material Safety Data Sheets (MSDS) for certain hazardous chemicals, and that has such chemicals
above certain minimum threshold levels, must provide copies of the MSDSs for these substances or a list of
the substances to the State emergency response commission, the local emergency planning commission, and
the local fire department. In addition, facilities must annually submit to the State emergency response
commission, the local emergency planning commission, and the fire department a Tier I report indicating the
aggregate amount of chemicals (above threshold quantities) at their facilities, classified by hazard category.
If any agency that receives a Tier I report requests a Tier II report requiring additional information, facilities
must submit this second report to the agency within 30 days of receiving a request for such a report. Tier II
reports include an inventory of all chemicals at the facility. Virtually all of the chemicals used in the
computer industry are subject to these MSDS and Tier reporting requirements (40 CFR 370).
EXHIBIT 40. Threshold Planning and Reporting Quantities for Some EPCRA-Designated Extremely
Hazardous Chemicals Used By the Semiconductor Industry
Chemical Name
Threshold Planning Quantity
(Lbs.)
Reportable Quantity
(Lbs.)
Ammonia
Arsine
Boron trichloride
Boron trifluoride
Chlorine
Diborane
Ethylenediamine
Fluorine
Hydrogen peroxide
Hydrogen chloride
Hydrofluoric acid
Nitric acid
Phosphine
Phosphorus pentoxide
Phosphorus trichloride
Phosphorus oxychloride
Phosphorus
Potassium cyanide
Silanes
Sulfuric acid
500
100
500
500
100
100
10,000
500
1,000
500
100
1,000
500
10
1,000
500
100
100
1,000
1,000
100
1
1
1
10
1
5,000
10
1
5,000
100
1,000
100
1
1,000
1,000
1
10
1
1,000
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EXHIBIT 41. Threshold Planning and Reporting Quantities for Some EPCRA-Designated Extremely
Hazardous Chemicals Used By the Semiconductor Packaging Industry
Threshold Planning Quantity Reportable Quantity
Chemical Name (Lbs.) (Lbs.)
Chlorine
Hydrogen peroxide
Hydrochloric acid
Hydrofluoric acid
Nitric acid
Potassium silver cyanide
Potassium cyanide
Sulfuric acid
100
1,000
500
100
1,000
500
100
1,000
10
1
5000
100
1,000
1
10
1,000
EXHIBIT 42. Threshold Planning and Reporting Quantities for Some EPCRA-Designated Extremely
Hazardous Chemicals Used by the Printed Wiring Board Industry
Threshold Planning Quantity Reportable Quantity
Chemical Name (Lbs.) (Lbs.)
Ammonia
Chlorine
Formaldehyde
Hydrochloric acid
Hydrofluoric acid
Hydrogen peroxide
(cone. > 52%)
Nitric acid
Sulfuric acid
500
100
500
500
100
1,000
1,000
1,000
100
10
100
5000
100
1
1,000
1,000
EXHIBIT 43. Threshold Planning and Reporting Quantities for Some EPCRA-Designated Extremely
Hazardous Chemicals Used by the Display Manufacturing Industry
Threshold Planning Quantity Reportable Quantity
Chemical Name (Lbs.) (Lbs.)
Hydrogen peroxide
(cone. > 52%) 1,000 1
Nitric acid 1,000 1,000
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D.4 REPORTING REQUIREMENTS FOR RELEASES OF TOXIC SUBSTANCES
A facility in the computer industry that has more than 10 employees and that manufactures,
processes or otherwise uses more than 10,000 pounds per year of any toxic chemical listed in 40 CFR 372.65
must file a toxic chemical release inventory (TRI) reporting form (EPA Form R) covering releases of these
toxic chemicals (including those releases specifically allowed by EPA or State permits) with EPA and a State
agency. Form R is filed annually, covers all toxic releases for the calendar year, and must be filed on or
before the first of July of the following year. Exhibits 44 to 47 list toxic chemicals used by firms in the
computer industry that are listed in the Toxic Release Inventory.
EXHIBIT 44. Chemicals Used by the Semiconductor Industry
That Are Listed in the Toxic Release Inventory
TOXIC CHEMICAL
1,1,1-trichloroethane
Hydrogen chloride (gas only)
Ethyl acrylate
Potassium hydroxide
Isopropyl alcohol
Methyl isobutyl ketone
n-Butyl acetate
Acetone
Sulfuric acid
Hydrochloric acid
Chromic acid
Ethylbenzene
Phosphorus
Arsine
Diborane
Fluorine
Arsenic
Methanol
Potassium cyanide
Ferric nitrate
Catechol
Boron trichloride
Copper
Antimony
Antimony trichloride
Phosphorus pentoxide
Phosphorus oxychloride
Chromium
Trichloroethylene
Isoprene
Sodium hydroxide
Ethylene glycol
Ethyl acetate
Xylene
Glycol ethers
Hydrofluoric acid
Hydrogen peroxide
Nitric acid
Ammonium hydroxide
Phosphoric acid
Boron trifluoride
Phosphine
Chlorine
Carbon tetrachloride
Aluminum (fume or dust)
Acetic acid
Ferric chloride
Ethylenediamine
Ammonium fluoride
Nickel
Silver
Antimony trioxide
Arsenic trioxide
Phosphorus trichloride
Ammonia
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EXHIBIT 45. Chemicals Used in Semiconductor Packaging
That Are Listed in the Toxic Release Inventory
TOXIC CHEMICAL
Acetone
Ammonium sulfate
Chromium
Copper
Ethylbenzene
Ethylene glycol
Hydrochloric acid
Hydrofluoric acid
Isopropyl alcohol
Lead
Methanol
Methylene chloride
Nickel
Nitric acid
Silver
Sulfuric acid
Toluene
1,1,1 Trichloroethane
Xylene
EXHIBIT 46. Chemicals Used in Printed Wiring Board Manufacturing
That Are Listed in the Toxic Release Inventory
TOXIC CHEMICAL
Acetone
Ammonia
Ammonium bifluoride
Ammonium chloride
Ammonium hydroxide
Ammonium sulfate
Chlorine
Chromic acid
Copper
Cupric chloride
Cupric sulfate
Formaldehyde
Glycol ethers
Hydrochloric acid
Hydrofluoric acid
Hydrogen peroxide
Isopropyl alcohol
Lead
Methylene chloride
Nickel
Nickel chloride
Nitric acid
Perchloroethylene
Potassium hydroxide
Potassium permanganate
Sodium hydroxide
Sulfuric acid
1,1,1 Trichloroethane
EXHIBIT 47. Chemicals Used in Display Manufacturing
That Are Listed in the Toxic Release Inventory
TOXIC CHEMICAL
Hydrogen peroxide
Nitric acid
Trichloroethylene
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Section E.
TOXIC SUBSTANCES CONTROL REQUIREMENTS
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Section E. TOXIC SUBSTANCES CONTROL
Law. Toxic Substances Control Act (40 CFR 700 to 799)
The Toxic Substances Control Act (TSCA), originally passed in 1976 and subsequently amended,
applies to the manufacturers, processors, importers, distributors, users, and disposers of chemical substances
or mixtures. The major sections of interest to this report, and their areas of coverage, are:
Section 4, which authorizes EPA to require testing of certain chemical substances or
mixtures to determine their potential risk to human health or the environment;
Section 5, which grants EPA the authority to regulate the manufacture, processing,
distribution in commerce, and use and disposal, and to require testing of new chemical
substances;
Section 6, which provides EPA with the authority to regulate the manufacture, processing,
distribution in commerce, and use and disposal of chemical substances; and
Section 8, which requires manufacturers and others to keep required records and submit
reports to EPA.
The major requirements having the potential to impact the semiconductor manufacturing industry
are briefly described below.
Submission of Test Data (Section 4)
A business that must give notice to EPA on a new chemical substance or significant new use (see
below) may be required to submit test data. Also, specific test rules may apply to certain chemical
substances or mixtures used by the industry. Health and safety data reporting requirements also may apply
(40 CFR 799).
Pre-Manufacturing Notice Reporting Requirement (Section 5)
A business that manufactures or imports a new chemical substance, or that manufactures, imports,
or processes a chemical substance for a significant new use, must notify EPA at least 90 days before
manufacturing, importing, or processing the substance (40 CFR 720 to 723).
Reporting and Recordkeeping for Identified Chemical Substances (Section 8)
A business (except a "small business") that imports, manufactures, or processes chemical substances
identified by EPA by rule must keep records and reports as required. Small businesses are required to
reprint or keep records in some situations.
Records of Significant Adverse Reactions to Health or the Environment (Section 8)
A business that manufactures, imports, processes, distributes, or uses chemical substances and
mixtures must keep records of significant adverse reactions to health or the environment as specified.
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Notice of Substantial Risk of Injury to Health or the Environment Reporting Requirement (Section 8)
A business that (1) manufactures, imports, processes, or distributes in commerce a chemical
substance or mixture, and (2) obtains information that reasonably supports the conclusion that such
substance or mixture presents a substantial risk of injury to health or the environment, must report as
required to EPA.
In addition, Section 8(b) of TSCA requires EPA to compile and maintain a list (the TSCA
Inventory) of all chemical substances manufactured or processed in the United States, and computer industry
manufacturers are required to report the information necessary to allow EPA to develop and maintain the
inventory.
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