United States
Environmental Protection
'Agency
Office of Pollution Prevention
and Toxics
(7406)
EPA744B-93-003
October 1993
FEDERAL
ENVIRONMENTAL REGULATIONS
POTENTIALLY AFFECTING THE
COMMERCIAL PRINTING 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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Acknowledgements
A special thanks is extended to the Design for the Environment Printing Project members
who worked extensively on this document and to the
Technical Committee of the Environmental Conservation Board of the Graphics
Communications Industry for their helpful comments
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PREFACE
This discussion of environmental statutes potentially affecting the commercial printing
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 printing 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 draft covers chemicals that the printing industry has identified as being
used in the processes of lithography, flexography, gravure, screen printing and letterpress.
However, individual facilities have their own chemical use patterns, 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 Emergency Planning and Community Right-to-Know
requirements, and Toxic Substance Control Act requirements. The study provides an overview
of regulations affecting the commercial printing industry and of the specific chemicals used in
the industry that may trigger particular regulatory requirements.
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TABLE OF CONTENTS
Air Requirements 1
Water Requirements 17
RCRA-Related Requirements 27
Superfund and Community Right-To-Know 43
Toxic Substances Control 48
Appendix A: Federal Air Regulations for Gravure and Flexography Printers
Appendix B: Clean Water Act: Reportable Quantities of Hazardous Substances that may
Apply in the Printing Industry; Underground Injection Control Program
Appendix C: National Permit Discharge Elimination System (NPDES) Permit Regulations
Appendix D: CERCLA Reportable Quantities for Some Chemicals in the Printing Industry
Appendix E: Threshold Planning and Reporting Quantities for Some EPCRA-Designated
Extremely Hazardous Chemicals Used in the Printing Industry
Appendix F: Chemicals Used in the Printing Industry That Are Listed in the Toxic Release
Inventory
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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 printing 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 AJ discusses how the implementation of
Title I of the CAA may affect the printing 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 printing 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 and Appendix C of this report.
Finally, Title VI of the Clean Air Act deals with ozone-depleting chemicals. Several
solvents used in the printing industry are affected by this law. Regulations affecting the printing
industry 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:
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(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, the NAAQS for ozone, NOX and participate matter . likely to have
a significant impact on the printing industry. Printing 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.
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EXHIBIT 1. National Ambient Air Quality Standards for Criteria
Pollutants (As of July 1, 1991)
Pollutant
Primary Standards
(Protective of Health)1
Ozone
Carbon Monoxide
Participate Matter (PM-10)
Sulfur Dioxide
Nitrogen Dioxide
Lead
0.120ppm(235 ug/m3)
(1-hour average)
9 ppm (10 mg/m3)
(8-hour average)
35 ppm (40 mg/m3)
(1-hour average)
150 ug/m3
(24-hour average)
50 ug/m3
(annual arithmetic mean)
0.140 ppm (365 ug/m3)
(24-hour average)
0.03 ppm (80 ug/m3)
(annual arithmetic mean)
0.053 ppm (100 ug/m3)
(annual arithmetic mean)
1.5 ug/m3
(arithmetic mean averaged
quarterly)
'See 40 CFR Part 50. The Clean Air Act also requires that EPA establish secondary
standardsj 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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A. 1.1 Existing Sources of Emissions
A.l.1.1 Ozone non-attainment areas
The "design value" shown in column 3 of Exhibit 2 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. Areas
that are likely to be classified as Extreme, Severe, or Serious as of late-1990 are presented in
Exhibit 3. A single ozone transport region exists for eleven states and the District of Columbia
(the northeast ozone transport region).2
EXHIBIT 2. Classification of Ozone Nonattainment Areas
Deadline to Attain
Classification (from November 15, 1990) Design Value (ppm)
Marginal
Moderate
Serious
Severe
Extreme
3 Years
6 Years
9 Years
15 Years
17 Years
20 Years
0.121 -
0.138 -
0.160-
0.180 -
0.190-
Above
0.138
0.160
0.180
0.190
0.280
0.280
2The States in the northeast ozone transport region are Connecticut, Delaware, Maine,
Maryland Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode
Island and Vermont.
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A source in a nonattainment area defined as "major" must install Reasonably Available
Control Technology (RACT) as prescribed in the applicable State Implementation Plan (SIP).3
A major source is denned both by the size of the source's facility-wide emissions and the
category of the nonattainment area. These conditions are presented in Exhibit 4. In addition,
if a firm has the potential to emit more than 100 tons per year (TRY), it is also considered to
be a major source. The statement "potential to emit" means the maximum capacity of a stationary
source to emit a pollutant under its physical and operational design. Any physical or operational
limitations on the capacity of the source to emit a pollutant, provided the limitation or its effect
on emissions is federally-enforceable, shall be treated as part of its design.
States included in an ozone transport region must submit SIPs to the EPA with special
requirements pertaining to enhanced vehicle inspection and maintenance programs and
implementation of RACT with respect to all sources of volatile organic compounds in the States.
In addition, a stationary source in an ozone transport region that emits or has the potential
, to emit at least 50 TPY of VOCs is considered a major source and is subject to the
requirements which would be applicable to major stationary sources if the area were classified
as a Moderate nonattainment area.
3EPA has defined RACT as: The lowest emission limitation that a particular source is
capable of meeting by the application of control technology that is reasonably available
considering technological and economic feasibility. RACT for a particular source is
determined ori -a case-by-case basis, considering the technological and economic circumstances
of the individual source. EPA regulations provide that less stringent emission limitations than
those achievable with RACT are acceptable only if the State plan shows that the less stringent
limitations are sufficient to attain and maintain national ambient air quality standards, and
show reasonable further progress during the interim before attainment. (44 Fed Reg 53, 762,
Sept. 17, 1979)
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EXHIBITS. 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
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EXHIBIT 4. Existing Source RACT Requirements for Each Ozone
Nonattainment Category
Si2eofVOCorNOx
Category of Sources Affected
Nonattainment Area (Tons/Year)
Extreme 10
Severe 25
Serious 50
Moderate and Marginal 100
A determination of the necessary RACT requirements for major sources 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 Techniques Guidelines (CTGs) for industrial categories. The
EPA is developing a CTG for offset lithographic printing which will cover both web and sheet
feed and newspaper offset, as well as fountain solutions, cleaning inks and the VOCs that occur
in inks and heat set printing. A draft document was circulated in October 1991 for comment at
a November 1991 public meeting. A revised draft is expected to be available by November
1993. The availability of this draft will be announced in the Federal Register. The final
document is expected to be completed by Summer 1994. (Contact Dave Salman 919-541-0859.)
Control Techniques Guideline documents already exist for rotogravure and flexographic
printing, fabric coating, and paper coating. Many of the state regulations for rotogravure and
flexographic printing are based on guidance provided by EPA in the 1978 control techniques
guidelines for these printing processes. These regulations often apply only to sources with
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potentially uncontrolled VOC emissions greater than 100 tons per year. Many of the regulations
for fabric coating and paper coating are based on guidance provided by EPA in a 1977 CTG for
these processes. The fabric coating regulations cover vinyl printing and coating which include
printing on such items as vinyl wallpaper and automobile upholstery. The paper coating
regulations cover the application of coatings to paper, film and foil. (See Appendix A for more
details on CTGs for rotogravure, flexographic, and coating operations.)
To the extent that a printing industry source is covered by any of EPA's CTGs, it may be
covered by a State Implementation Plan (SIP) RACT rule even if 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 ambient ozone concentrations.
The EPA has studied the economic and technical feasibility of control options for small
(less than 100 tons per year potential uncontrolled emissions) rotogravure and flexographic
printing facilities. A 1992 EPA document, Alternative VOC Control Technique Options for
Small Rotogravure and Flexography Facilities. PB93-1223071, can be used as a reference for
identifying capture and control technologies and the costs associated with these technologies.
Industry representatives caution that the costs for capture and control technologies may be
severely underestimated4. Another EPA publication, Best Demonstrated Control Technology
Guidelines for Graphic Arts. PB91-168427 compiles numerous case studies of rotogravure and
flexographic facilities that have achieved VOC control efficiencies of 90% or better.5
A. 1.2 New Sources of Emissions
New major stationary sources of air pollution and major modifications to major stationary
sources are required by the Clean Air Act to obtain an air pollution permit before commencing
4Industry representatives at the Technical Meeting of the Environmental Conservation
Board of the Graphics Communications Industry, September 22, 1993.
DThese documents are available to the public through the National Technical Information
Service, 5285 Port Royal Road, Springfield, Virginia 22161 (1-800-553-6847).
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construction. The process is called new source review (NSR) and is required whether the major
source or modification is planned for an area where the NAAQS are exceeded (nonattainment
areas) or an area where air quality is acceptable (attainment and unclassifiable areas). Permits for
sources in attainment areas are referred to as prevention of significant air quality deterioration
(PSD) requirements and include the following:
Installation of Best Available Control Technology (BACT)6;
• 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.
• Demonstration of standard attainment through the undertaking of an air quality
analysis.
Restrictions in nonattainment areas are more severe. The principal requirements
of NSR in nonattainment areas are:
• Installation of Lowest Achievable Emission Rate (LAER)7 technology;
• Provision for "offsets" (see Exhibit 5) representing emission reductions that must
be made from other sources; and
6EPA 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, Office of Air
Quality Planning and Standards, October 1990.
7LAER 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 5. Major Source Definitions and Offset Ratios in Ozone
Nonattainment Areas
Category
Marginal
Moderate
Serious
Severe
Extreme
Size of Major Source8
(Tons/Year of VOCs)
100
100
50
25
10
Offset Ratios9
1.1:1
1.15:1
1.2:1
1.3:1
1.5:1
A.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 requirements 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
BStates have the option of choosing a major source definition of 5 tons per year (TPY) (and
accepting other conditions) to avoid complying with the requirement that emissions be reduced
by 15 percent over the first 6 years. See Section 182(bXl)(AXii).
"Emissionsoffsets are generally obtained from existing sources located in the vicinity of a
proposed source and must (1) offset the emissions increase from the new source or
modification and (2) provide a net air quality benefit. The amount of net air quality benefit
depends on the category of the nonattainment area and is listed in Exhibit 5. In general
emission .reductions which have resulted from some other regulatory action are not available
as offsets.
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that are used in the printing industry are shown in Exhibit 6. MACT standards for the
flexography, publication gravure and rotogravure sections of the commercial printing industry are
currently scheduled for proposal in 1993, and final in 1994.
EXHIBIT 6. Chemicals Used in the Printing Industry That are Listed as
Hazardous Air Pollutants in the Clean Air Act Amendments
HAZARDOUS AIR POLLUTANT
Benzene Lead compounds
Cadium compounds Methanol
Carbon tetrachloride Methyl ethyl ketone
Chromium compounds Methyl isobutyl ketone
Cobalt compounds Methylene chloride
Cumene Perchloroethylene
Dibutylphthalate Polycyclic organic matter
Diethanolamine Propylene oxide
Ethyl benzene Toluene
Ethylene glycol 2,4-Toluene diisocyanate
Formaldehyde 1.1,2-Trichloroethane
Glycol ethers Trichloroethylene
Hexane Vinyl chloride
Hydrochloric acid Xylenes
Isophorone
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 HAP emissions (or 95 percent for particulate 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 Title V permit application or as a permit modification. EPA
is issuing guidance that will specify how the demonstration must be made.
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A3 PERMITS (40 CFR 70)
The CAA Title V (promulgated at 40 CFR 70) defines 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. The permit requirement for all other sources has been deferred
five years.
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 then develop and
submit their permit applications to the State within one year (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 . This 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. 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.
However, for small businesses, such as printers, who are required to obtain a permit,
many States will issue a general permit. A general permit is a single permitting document which
can cover a category or class of many similar sources. Public notice and an opportunity for a
public hearing must be provided by the permitting authority when considering issuance of a
general permit, but not when the individual sources subsequently submit requests for coverage
and are evaluated for a permit reflecting the terms of the general permit. Thus, printers that are
eligible for coverage under a general permit need only submit a single notification form, rather
than a detailed application. In addition, such printers will not have to undergo the time-
consuming public notice process associated with issuing a permit. Permit conditions will be
generally applicable to the source category and not tailored to the individual printing facility.
As established in Title V (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. CAA
sets a presumptive 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.
If a printing facility is not classified as a major source, the printer should still check
with the appropriate air authorities to determine if their facility requires air permits. Potential
air permit requirements include:
• Federal/State/Local permits required to construct/operate new presses, coaters,
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control devices, boilers, cyclones, evaporators, distillation units, and some proofing
and bindery equipment.
• Federal/State/Local permits required to operate existing presses, coaters, control
devices, boilers, cyclones, evaporators, distillation units, and some proofing and
bindery equipment.
• Federal/State/Local permits required to modify existing equipment or changing
materials (e.g.-, inks, fountain solutions, coatings, cleaning solvents, and other
chemistries).
A.4 STRATOSPHERIC OZONE PROTECTION (40 CFR 82)
"\Q CAA Amendments provide for a phase-out of the production and consumption of
chlororiuorocarbons (CFCs) and other chemicals that are causing the destruction of the
stratospheric ozone layer. 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; the chemicals that are used by
the commercial printing industry are shown in Exhibit 7. 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 n chemicals, which are hydrochlorofluorocarbons (HCFCs), are generally
seen as interim substitutes for Class I CFCs.
EXHIBIT?. Class I Substances
Group IV Group V
Carbon tetrachloride Methyl chloroform
Class II substances consist of 33 HCFCs. The law calls for a complete phase-out of Class
n substances by January 1, 2030. The schedule for the HCFC phase-out has not yet been
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finalized; however, EPA has proposed to begin phase-out of some HCFCs by 2002, with a
complete phase-out of all HCFCs to take place by 2030. This same proposal would phase-out
CFCs, carbon tetrachloride, hydrobromofluorocarbons, and methyl chloroform by January 1,
1996. Halons used as fire extinguishers would be phased-out by January 1, 1994.
On February 11, 1993, EPA issued a rule under Section 611 of the Clean Air Act that,
effective May 15, 1993, 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 final product does not contain such
chemicals.
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.
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WATER 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 commercial printing industry produces a number of pollutants
that are potentially regulated under the CWA. Applicable provisions of the CWA are described
below, including Spills of Oil and Hazardous Substances and the discharge of water into waters
of the United States, publicly owned treatment works (POTWs), storm water discharges and
storm sewers. The Underground Injection Control Program, which may impact the printing
industry in the future, is discussed in Appendix B. Permit program regulations that apply across
all industries and specifically to the printing industry are detailed in Sections B.2, B.3, and B.4.
and Appendix C.
B.1 SPILLS OF OIL AND HAZARDOUS SUBSTANCES
B.1.1 Discharge of Oil (40 CFR 110)
The regulations in this part apply to the discharge of oil, which is prohibited by Section
311(bX3) 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 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 standards, or
(2) Cause a film or sheen upon or discoloration of the surface of the water or adjoin-
ing shorelines or cause a sludge or emulsion to be deposited beneath the surface
of the water or upon the adjoining shorelines.
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B.1.2 Designation and Reportable Quantities of Hazardous Substances Under the Federal
Water Pollution 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(bX2Xa) 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 in 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. RQs are listed in 40 CFR 117.3 (see Appendix B), some of which are
used in the printing industry (e.g. toluene, xylene)
B.2 EPA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT PROGRAM (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 Clean Water 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.
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sand, cellar dirt, and industrial, municipal and agricultural wastes discharged 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 five or more acres of land area Section B.4 of this document discusses when
facilities need to obtain a storm water permit.
For a detailed discussion of NPDES regulations and possible application in the printing
industry, see Appendix C.
B.3 INDIRECT DISCHARGER REQUIREMENTS
B.3.1 Categorical Pretreatment Standards for the Printing 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 a publicly owned
treatment works (POTW), however, must comply with pretreatment requirements. These facilities
may also be required to obtain industrial user permits from the POTW. Pretreatment requirements
were developed because of concern that such waste containing toxic, hazardous, or concentrated
conventional ^industry wastes might "pass through" POTWs or interfere with the proper and
continuing operation of the POTW. In the commercial printing industry, no categorical
pretreatment standards are applicable.
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B.3.2 General EPA Pretreatment Standards (40 CFR 403)
General pretreatment standards apply to all facilities discharging to a POTW. Contact the
appropriate POTW for permission to discharge process wastewater effluent and for permitting
requirements. The 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;
(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 (Biological Oxygen
Demand (BOD), Chemical Oxygen Demand (COD), etc.), released in a discharge
at a flow rate and/or pollutant concentration that will cause interference with the
POTW;
(5) Heated effluents 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, nonbiodegradable 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) Amy trucked or hauled pollutants, except at discharge points designated by the
POTW (40 CFR 403.5).
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 to reflect the level of
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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 "com-
bined wastestream formula" that incorporates flow, mass, and concentration to establish effluent
limits.
A discharger to a POTW should be aware of the following requirements:
Recording, monitoring and reporting for discharge of wastewater to POTW (40 CFR 403.12
(o))
A business that discharges wastewater to a POTW must keep records, monitor discharges, and
prepare and submit periodic monitoring reports, as determined by the POTW.
Notice of POTW of discharge of wastewater that causes problems (40 CFR 403.12(f))
A business that discharges wastewater to a POTW must immediately notify the POTW of all
discharges that could "cause problems" to the POTW.
Notice to POTW of changed discharge of wastewater (40 CFR 403.12 0))
A business that discharges wastewater to a POTW must give prompt notice of the POTW if there
is a significant change in the discharge.
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Notice to POTW of upset (40 CFR 403.16)
A business that discharges wastewater to a POTW must notify the POTW orally within 24 hours
and in writing within 5 days of becoming aware of an exceptional incident in which there is an
unintentional and temporary noncompliant discharge because of factors beyond the reasonable
control of the business.
Notice to POTW of bypass (40 CFR 403.17)
A business that discharges wastewater to a POTW must notify the POTW (1) ten days in advance
of the known need for an intentional diversion of wastewater streams, if possible, or (2) orally
within 24 hours and in writing within 5 days of becoming aware of a bypass.
Notice to POTW of discharge of hazardous waste (40 CFR 403.12 (p))
A business that discharges to a POTW a substance which, if otherwise disposed of, would be a
hazardous waste must give a one-time notice to the local sanitary district, EPA, and the
appropriate State agency unless exempted. Discharges of more than 33 pounds/month of
hazardous waste or any acute wastes mixed with domestic sewage require written notification to
local EPA office, State waste agency, and POTW.
Notice to POTW of violation (40 CFR 403.12 (gX2))
A business that discharges wastewater to a POTW must notify the POTW within 24 hours of
becoming aware that it is in violation of a legal requirement. In addition, "significant industrial
users," those who discharge more than 25,000 gallons per day, must submit to the POTW a
semiannual description of the nature, concentration and flow of pollutants (the POTW will
determine the pollutants for which reporting is required).
R4 STORM WATER PERMITS (40 CFR 122.26)
Storm water permits are required for areas where material handling equipment or
activities, raw materials, intermediate products, final products, waste materials, by-products, or
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industrial machinery are exposed to storm water which drains to a municipal separate storm
sewer system or directly to a receiving water. A storm water permit is not required for storm
water discharges to combined municipal sewer systems (such as for those systems that carry
both storm water and sewage to a POTW for treatment prior to discharge), but notification to
the POTW is required. 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,
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, Total Suspended Solids (TSS), total phosphorus,
total Kjeldahl nitrogen, and nitrate plus nitrite nitrogen;
(4) Certain pollutants known to be in the discharge;10
10See discussion of effluent characteristics at Appendix C-l and Table C.2.
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(5) Flow measurements or estimates of the flow rate, and the total amount of dis-
charge for the storm event(s) sampled and the method of the measurement; and
(6) 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.
EPA's general permits cover the majority of storm water discharges associated with
industrial activity. Storm water discharges associated with industrial activity that cannot be
authorized by EPA's general permits include those:
• With an existing effluent limitations guideline for storm water,
• That are mixed with non-storm water, unless the non-storm water discharges are in
compliance with a different NPDES permit;
• With an existing NPDES individual or general permit for the storm water
discharges;
• That are or may reasonably be expected to be contributing to a violation of a water
quality standard;
• That are likely to adversely affect a listed or proposed to be listed endangered or
threatened species or its critical habitat;
• From inactive mining, or inactive oil and gas operations or inactive landfills
occurring on Federal lands where an operator cannot be identified (industrial
permit only).
A facility must submit a Notice of Intent (NOI) to the EPA to be authorized by the
general permit. A NOI does not require the collection of discharge sampling data. Facilities
which discharge to a large or medium municipal separate storm sewer system must also submit
signed copies of the NOI to the operator of the municipal system. Operators of all facilities
covered by EPA's general permits must prepare and implement a storm water pollution prevention
plan. Questions can be directed to the Storm Water Hotline at (703) 821-4823.
In September 1992, EPA issued general permits for construction and industrial activities
which were intended to initially cover the majority of storm water discharges associated with
industrial activity in 12 States and 6 territories without authorized NPDES programs. As of
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March 1993, 35 of the 39 authorized NPDES States have the authority to issue general permits.
Facilities in authorized NPDES States should contact their State permitting agencies to determine
the status of the general permitting program.
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RGRA-RELATED REQUIREMENTS
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Section C RCRA-RELATED REQUIREMENTS
(Hazardous and Solid Waste Management)
Law: Resource Conservation and Recovery Act of 1976 (Amended in 1984)
The Resource Conservation and Recovery Act (RCRA) of 1976 (as amended in 1984)
may have a direct regulatory impact on the printing industry in three ways. First, RCRA sets up
a cradle-to-grave system for tracking and regulating hazardous wastes; this system affects all
segments of the printing 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
printing 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 into play as
a result of the industry's use of Federal or State regulations for solid waste disposal facilities,
including municipal solid waste landfills. Subtitle I and Subtitle D requirements are not
discussed further in this report because they will not directly impact most printing 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 States have been authorized
to implement the RCRA program and may include more stringent requirements in their
authorized RCRA programs. In addition, non-RCRA-authorized States may have 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. The federal regulations are updated
annually and additional provisions to RCRA may have been added or amended since the printing
of the 1990 RCRA Orientation Manual. For up-to-date information, the current regulations should
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be consulted. Since the EPA anticipates that most printing facilities which generate hazardous
waste will not be subject to the permitting requirements for treatment, storage or disposal
facilities and full RCRA regulation, the EPA has set forth in this survey a summary only of key
RCRA provisions that are likely to affect waste generators. It is anticipated that very few (if
any) facilities in the industry will be regulated as treatment, storage, or disposal (TSD) facilities.
Owners and operators of TSD facilities are urged to review the RCRA regulations at Parts 264-
267 of Title 40.
Cl HAZARDOUS WASTE CLASSIFICATION
Assuming the material is a solid waste, the first evaluation to be made is whether it is also
considered a hazardous waste. Part 261 of 40 CFR addresses the identification and listing of
hazardous waste. The waste generator has the responsibility for determining whether a waste is
hazardous, and what classification, if any, may apply to the waste. The generator must examine
the regulations and undertake any tests necessary to determine if the wastes generated are
hazardous. Waste generators may also use their own knowledge and familiarity with the waste
to determine whether it is hazardous. Appendix I of 40 CFR Part 260 contains a valuable flow
chart for determining what RCRA regulations may apply in given situations. 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
regulation and appear in the 40 CFR Part 261 or because they exhibit certain characteristics.
Listed wastes are specifically named, e.g., discarded commercial toluene, spent non-halogenated
solvents. Characteristic wastes are defined as hazardous if they "fail" a characteristic test, such
as the RCRA test for ignitability.
C.1.1. Listed Wastes
There are four separate lists of hazardous wastes in 40 CFR 261. The listing is often
defined by industrial processes, but all wastes are listed because they contain particular chemical
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constituents (these constituents are listed in Appendix VII to Part 261). Section 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, F004, and F005 which designate various types of spent solvent wastes, are
examples of wastes from non-specific sources that may be generated by facilities in the printing
industry. The second category of listed wastes (40 CFR 261.32) includes hazardous wastes from
specific sources; these wastes have codes that begin with the letter "K." 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 "U11
are simply considered hazardous. Exhibits 8 and 9 show listed wastes that are commonly used
in the printing industry. While these exhibits are intended to be as comprehensive as possible,
individual facilities may generate other hazardous wastes and may wish to consult the lists at 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. EPA is currently investigating a number of solvent wastes and may
propose to list some or all as hazardous wastes. Exhibit 10 summarizes those solvents and gives
projected rulemaking deadlines. Of these solvents, only cumene and isophorone are common in
the printing industry.
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EXHIBIT 8. Examples of Listed Wastes (F) Found in the Printing
Industry
Waste Code Name or Description of Waste
FOOl The following spent halogenated solvents used in degreasing: Tetrachloroethylene,
trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, 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.
F002 The following spent halogenated solvents: Tetrachloroethylene, methylene chloride,
trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-
trifluoroethane, 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 halogenated solvents
or those listed in FOOl, F004, or F005; and still bottoms from the recovery of these
spent solvents and spent solvent mixtures.
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 FOOl, F002,
F004, and F005; and still bottoms from the recovery of these spent solvents and
spent solvent mixtures.
F005 The following spent non-halogenated solvents: Toluene, methyl ethyl ketone, carbon
disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, 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 FOOl, F002, or F004; and still bottoms from the recovery of these spent
solvents and spent solvent mixtures.
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EXfflBIT 9. Examples of Listed Wastes (U) Found in the Printing Industry
Waste Code Name or Description of Waste
U002 Acetone
U019 Benzene
U211 Carbon tetrachloride
U055 Cumene
U056 Cyclohexane
U069 Dibutyl phthalate
Ul 12 Ethyl acetate
U359 Ethanol, 2-ethoxy
U359 Ethylene glycol monoethyl ether
UI22 Formaldehyde
U154 Methanol
U226 Methyl chloroform
U080 Methylene chloride
U159 Methyl ethyl ketone (MEK)
U161 Methyl isobutyl ketone
U210 Tetrachloroethylene (perchloroethylene)
U220 Toluene
U223 Toluene diisocyanate
U228 Trichloroethylene
U043 Vinyl chloride
U239 Xylene
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Exhibit 10 Solvents under EPA Investigation for Listing as Hazardous Wastes
Solvents ffl (Proposal by April 1994, Final by June 1995)
Cumene, phenol, isophorone, acetonitrile, ftirftiraL, epichlorohydrin, methyl chloride, ethylene
dibromide, benzyl chloride, p-dichlorobenzene
Solvents U. (Proposal by September 1997, final by September 1998)
2-methoxyethanol, 2-methoxyethanol acetate, 2-ethoxyethanol acetate, cyclohexanol
Solvent Study (Due September 1996)
Diethylamine, aniline, ethylene oxide, allyl chloride, 1,4-dioxane, 1,1-dichloroethyIene
bromoform
C.1.2 Characteristic Wastes
EPA also considers a waste hazardous if it exhibits one or more of four characteristics.
The first three characteristics are determined by the physical 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)11;
Corrosivity (40 CFR 261.22, D002)12; and
"if a solid waste is a liquid, other than an aqueous solution containing less than 24 percent alcohol by
volume, and has flash point less than 60°C, (140°F) , as determined by a Penskey-Martens Closed Cup Tester
(ASTM Standard D-93-79 or D-93-80), or a Setaflash Closed Cup Tester (ASTM Standard D-3278-78) or
another EPA approved test, it exhibits the characteristic of ignitability. For non-liquids, ignitable compressed
gases and oxidizers, reference §261.22.
12A solid waste exhibits the characteristic of corrosivity if it is aqueous and has a pH less than or equal to 2
or greater than or equal to 12.5, as determined by a pH meter using either an EPA test method (Method 5.2 in 'Test
Methods for the Evaluation of Solid Waste, Physical/Chemical Methods") or an EPA approved test method. If a
solid waste- is a liquid and corrodes steel at a rate greater than 6.35 mm (0.250") per year when tested at 55°C as
determined by the test method specified in the National Association of Corrosion Engineers (Standard TM-01-69)
or by an approved EPA test method, than it is considered corrosive.
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Reactivity (40 CFR 261.23, D003)13.
Several waste streams in the printing industry may be characterized as hazardous because they
exhibit one of these characteristics.
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. Exhibit 11 lists some of the
toxicity characteristic substances that are likely to be constituents of printing industry wastes.
Individual facilities may generate wastes containing other constituents that exhibit the toxicity
characteristic.
EXHIBIT 11. EPA Toxic Characteristic Contaminants That May be Found
in Printing Industry Waste
Waste Code Contaminant
D005 Barium
D007 Chromium
DO 19 Carbon tetrachloride
D035 Methyl ethyl ketone
D011 Silver
D040 Trichloroethylene
D043 Vinyl chloride
13A solid waste is considered reactive if it exhibits any of the following properties: (1) is normally unstable
and readily undergoes violent change without detonating; (2) reacts violently or forms potentially explosive
mixtures with water, (3) when mixed with water, generates toxic gases, vapors or fumes in a quantity that can
present a danger to human health or the environment (for a cyanide or sulfide bearing waste, this includes when
exposed to pH between 2 and 12.5); (4) is capable of detonation or explosive reaction if subjected to a strong
initiated source or if heated under confinement; or (5) is readily capable of detonation or explosive
decomposition or reaction at standard temperature and pressure.
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C2 GENERATOR STATUS
The hazardous waste generator is defined as any person, by site, who creates a hazardous
waste or makes a waste subject to RCRA Subtitle C. Generators are divided into three
categories:
Large Quantity Generators -These facilities generate at least 1000 kg
(approximately 2200 Ibs.) of hazardous waste per month, or greater than 1 kg (2.2
Ibs) of acutely hazardous waste14 per month.
Small Quantity Generators (SQG) — These facilities generate greater than 100 kg
(approx. 220 Ibs.) but less than 1000 kg of hazardous waste per month, and up to
1 kg (2.2 Ibs) per month of acutely hazardous waste.
Conditionally exempt small quantity generators (CESQG) — These facilities
generate no more than 100 kg (approx. 220 Ibs) per month of hazardous waste
and up to 1 kg (2.2 Ibs) per month of acutely hazardous waste.
Large and small quantity generators must meet many similar requirements. 40 CFR 262
provides that SQGs may accumulate up to 6000 kg of hazardous waste on-site at any one time
for up to 180 days without being regulated as a treatment, storage, or disposal (TSD) facility and
thereby having to apply for a TSD permit. The provisions of 40 CFR 262.34 (f) allow SQGs to
store waste on-site for 270 days without having to apply for TSD status provided the waste must
be transported over 200 miles. Large quantity generators have only a 90-day window to ship
wastes off-site; without needing a RCRA TSD permit. Keep in mind that most provisions of
MThe provisions regarding acutely hazardous waste are not likely to affect printers. Acutely hazardous waste
includes certain "F" listed wastes that do not apply to printers, and "P" listed wastes, none of which were
identified as in use in the commercial printing industry. (See 40 CFR 261.31-33 for more information).
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40 CFR 264 and 265 (for hazardous waste treatment, storage and disposal facilities) do not
apply to generators who send their wastes off-site within the 90- or 180-day window,
whichever is applicable.
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 five requirements are discussed further below.
C.2.1 Requirements That Apply to All Generators But Vary In Accordance With the
Volume of Waste Generated
C.2.1.1. Waste Containers
All generators must ensure that hazardous wastes to be shipped offrte are kept in areas
that meet basic safety requirements. The wastes must be properly stored in containers in good
condition to prevent leaks and must be labeled as hazardous waste.
(1) 40 CFR 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.
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(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 must 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).
A generator may accumulate up to 55 gallons of hazardous waste in containers at or near
any point of generation where wastes initially accumulate without triggering the more onerous
permit requirements for treatment, storage and disposal facilities (40 CFR 262.34(c)). The storage
site must be under the control of the operator and containers must be marked hazardous waste.
In addition, the containers must be in good condition, must be made of or lined with materials
that will not react with, and are otherwise compatible with, the hazardous waste being stored, and
must always be closed, except when adding or removing waste.
Owners and operators of facilities that use tank systems for storing hazardous waste must
meet numerous requirements outlined in 40 CFR 265 Part J. These requirements include an
assessment of an existing tank system's integrity in which the owner or operator must determine
that the tank system is not leaking or is unfit for use. To prevent the release of hazardous wastes
or constituents to the environment, secondary containment meeting the requirements of 40 CFR
265.193 must be provided. Inspections of the entire tank system must occur each operating day.
Owners or operators of new tank systems or components must ensure that the foundation,
structural supports, seams, connections, and pressure controls (if applicable) are adequately
designed and that the tank system has sufficient structural strength, compatibility with the
waste(s) to be stored, and corrosion protection so that it will not collapse, rupture, or fail. Special
requirements exist for generators of between 100 and 1000 kg (220-2200 lbs)/month that
accumulate hazardous waste in tanks (40 CFR 265.201).
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C.2.1.2. 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 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.2.1.3. 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 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.2.1.4. Document Retention Period
Large arid small quantity generators m.ist 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).
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C.2.1.5. Training. Preparedness, and Emergency Procedures (40 CFR Part 262.34faY4).
(dXSXiii))
These sections, respectively, apply only to large or small quantity (between 100 and
1000 kg/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
wastes. 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 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 preoare 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.2.1.6. Exception Reporting (40 CFR 262.42)
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 at 45 days, an exception report must be submitted to the EPA (exception reports are
submitted to the Regional Administrator o" .: 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 sixty days of shipment.
(States may impose more stringent requirements for exception reporting.)
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C.2.2 Requirements for All Generators Other Than Conditionally Exempt Small
Quantity Generators
C.2.2.1. 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 fhe owner or operator of the designated facility with one copy each for their
records, and another copy to be returned to the generator. If the State to which the shipment is
manifested supplies the manifest, then the generator must use that manifest. If the State to which
the shipment is manifested does not supply the manifest, but the State in which the generator is
located supplies the manifest and requires its use, then the generator must use that State's
manifest. If neither of these States supplies the manifest, then the generator may obtain the
manifest from any source.
C.2.2.2. Land Disposal Restriction Notification
To prevent wastes that can be safely treated or disposed of by other means from being
land dis^ .d, 40 CFR 268 sets up a series of restrictions on the land disposal r f oolid 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(aXO(ii) for
details);
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• The manifest number associated with the shipment of waste; and
• Waste analysis data, where available.
(2) A copy of the written notification and certification statement must be filed with the
associated manifest copies.
Most printing 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.
C.2.2.3. Release or Threat of Release Reporting
(40 CFR Part 262.34)
In case of fire, explosion, or other release of hazardous material which could threaten
human health outside the facility,, the generator must immediately notify 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.3 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
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by Superfund15, 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 printing industry,
the following Subtitle I exceptions may apply: 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 printing 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 petroleim. underground storage tanks).
15 See the next section for a partial listing of hazardous substances covered by Superfund,
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SUPERFUND AND EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW ACT
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Section D. SUPERFUND AND COMMUNITY RIGHT-TO-KNOW REQUIREMENTS
Laws: Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA, or commonly known as Superfund) and Emergency Planning and
Community Right-to-Know Act (EPCRA)
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 is 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.
CERCLA was enacteU In i^SO and, among other amendments, was amended in 1°86 by Title I
of the Superfund Amendments and Reauthorization Act (SARA). Title El 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 equal to or exceeding the reportable
quor.tity to the National Emergency Response Center (40 CFR 302); (2) the presence of certain
amounts of extremely hazardous substances at a facility (40 CFR 355 and 370); (3) the
emergency release of certain extremely hazardous substances to the State and local emergency
response authorities (40 CFR 355); and (4) other toxic chemical releases (40 CFR 372). Al-
though 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.
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D.I REPORTING OF RELEASES TO THE NATIONAL RESPONSE CENTER
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 quantirv (RQ); RQs are either 1, 10, 100, 1000, or 5000
pounds (except for radionuclides). Appendix D lists RQs for some of the chemicals used in the
commercial printing industry. 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.
D.2 EMERGENCY PLANNING AND NOTIFICATION FOR EXTREMELY
HAZARDOUS SUBSTANCES
For the purposes of emergency response planning, any facility that has an extremely
hazardous substance present or Superfund hazardous substance present at or above threshold
planning quantities needs to notify 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 .mmission. (See 40 CFR 355 for further details concerning these reporting
requirements.) Appendix E shows the threshold planning quantities and reportable quantities for
some EPCRA-designated extremely hazardous chemicals used in the printing industry.
Some States have more stringent requirements than the federal regulations. For example,
California requires businesses that handle "acutely hazardous materials" (at or below federal
thresholds) to file a registration form and may require the business to prepare a risk management
prevention plan.
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D.3. REPORTING OF PRESENCE, STORAGE, OR USE OF HAZARDOUS
CHEMICALS
The minimum threshold quantity for reporting hazardous chemicals present at the facility
at any one time is 10,000 pounds; for extremely hazardous chemicals, the minimum threshold
quantity for reporting is the lesser of 500 pounds or the threshold planning quantity (TPQ). Any
facility that is required by OSHA's Hazard Communication Standard (29 CFR1910.1200) to have
Material Safety Data Sheets (MSDSs) 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 Suite 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. Since several commonly used
chemicals in the printing industry may be stored in quantities of 10,000 pounds or more, or above
the TPQ, these chemicals will be subject to MSDS and Tier reporting requirements (40 CFR
370). The minimum threshold for reporting in response to requests for submission of an MSDS
or a Tier II form under 40 CFR 370.21(d) or 370.25(c) is zero.
Man}'. States and some communities b~" similar laws but w;4t- ' :>wer threshold planning
quantities an^ additional reporting requirements. For example, California requires a business that
handles "hazardous materials" (at lower thresholds than those set by EPA) to prepare business
plans. Some cities regulate any amount of a hazardous chemical which businesses handle.
D.4 REPORTING REQUIREMENTS FOR RELEASES OF TOXIC SUBSTANCES
A facility in the printing industry that has more than 10 employees and that
manufactures, processes or otherwise uses more than 10,000 or 25,000 pounds per year of
any toxic chemical listed in 40 CFR 372.65 must file a toxic chemical release inventory (TRI)
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reporting form (EPA Form R) covering releases of these toxic chemicals (including those releases
specifically allowed by EPA or State permits) with the EPA and a State agency. The threshold
for reporting releases is 10,000 or 25,000 pounds, depending on how the chemical is used (40
CFR 372.25). 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. Appendix F lists toxic chemicals
used by firms in the printing industry that are listed in the Toxic Release Inventory.
A supplier notification requirement exists for any business that imports, sells, or otherwise
distributes a product containing listed toxic chemicals to provide notice as specified in 40 CFR
372.45 to recipients of the product. Except for singular instances listed in 40 CFR 372.45(d),
printers should be aware that suppliers of products containing TRI chemicals are required to
notify each printer (to whom the mixture or trade name product is sold or otherwise distributed
from the facility; of the name of each toxic chemical and the percent by weight of each toxic
chemical in the mixture or trade name product.
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Toxic SUBSTANCES CONTROL
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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 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 printing industry are briefly
described below. Printers should note that the importation of a chemical substance or mixture
triggers numerous requirements under TSCA
Pre-Manufacturing Notice 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 720-723).
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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.
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.
General Import Requirements and Restrictions (Section 13)
Importers of chemical substances and mixtures are responsible for ensuring that chemical
importation complies with TSCA just as domestic manufacturers are responsible for insuring that
chemical manufacturing complies with TSC/ ~ inters who may be involved in the importation
of inks or other substances should reference 40 CFR 707.20. Printers who import inks are subject
to inventory reporting regulations under TSCA Section 8(a) and should reference 40 CFR 710.
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 the
printing industry is required to report the information necessary to allow EPA to develop and
maintain the inventory.
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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.
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.
General Import Requirements and Restrictions (Section 13)
Importers of chemical substances and mixtures are responsible for ensuring that chemical
importation complies with TSCA just as domestic manufacturers are responsible for insuring that
chemical manufacturing complies with TSC/ ^ -inters who may be ' 3lved in the importation
of inks or other substances should reference 40 CFR 707.20. Printers who import inks are subject
to inventory reporting regulations under TSCA Section 8(a) and should reference 40 CFR 710.
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 the
printing industry is required to report the information necessary to allow EPA to develop and
maintain the inventory.
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APPENDIX A
FEDERAL AIR REGULATIONS FOR GRAVURE AND FLEXOGRAPfflC PRINTERS
(Contact David Salman 919-541-0859V
40 CFR Part 60: Standards of Performance for New Stationary Sources
Subpart QQ - Standards of Performance for the Graphic Arts Industry: Publication
Rotogravure
§60.430 The affected facility to which the provisions of this subpart apply is each publication
rotogravure printing press. A facility that commences construction, modification, or reconstruction
after October 28,1980 is subject to the requirements of this subpart. The provisions do not apply
to proof presses.
§60.432 During the period of performance testing, VOCs discharged to the atmosphere from any
affected facility must be below 16 percent of the total mass of VOC solves and water used at
the facility during any one 30-day performance averaging period.
§60.433 Performance Test and Compliance Provisions
§60.434 Monitoring of Operations and Recordkeeping
§60.435 Test Methods and Procedures
Subpart FFF - Standards of Performance for Flexible Vinyl and Urethane Coating
and Printing
§60.580 The affected facility to which the provisions of this subpart apply is each rotogravure
printing line '^ed to print or coat flexible vinyl or urethane products at an)- facility that begins
construction, .nuJification, or reconstruction after January 18, 1983.
§60.582 On and after the date on which the performance test required by §60.8 has been
completed, each owner or operator subject to this subpart shall either: (1) Use inks with a
weighted average VOC content less than 1.0 kilogram VOC per kilogram ink solids at each
affected facility, or (2) Reduce VOC emissions to the atmosphere by 85 percent from each
affected facility.
§60.584 Monitoring of Operations and Recordkeeping Requirements
§60.585 Reporting Requirements
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APPENDIX B
CLEAN WATER ACT: REPORTABLE QUANTITIES OF HAZARDOUS
SUBSTANCES THAT MAY APPLY IN THE PRINTING INDUSTRY
Hazardous Substance RQ in Pounds
Benzene 10
Carbon tetrachloride 10
Chloroform 10
Cyclohexane 1,000
Ethylbenzene 1,000
Formaldehyde 100
Hydrochloric acid 5,000
Propyiene oxide 100
Styrene 1,000
Toluene 1,000
Xylene (mixed) 1,000
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) 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 shortly. Parts 144 and 146 establish the
general provisions, and criteria and standards for the Underground Injection Control Program.
These parts, as £ nended by the future regulation, 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, restrictions will be placed on the operation of some types
of shallow disposal wells, particularly wells that inject industrial type wastes.
It is possible that the owner of a print shop that is located in an area without sewers and
relies 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. If you need further
information about the direction of these new regulations or about the UIC Program contact Lee
Whitehurst at (202) 260-5532.
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APPENDIX C
Cl NATIONAL PERMIT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT REGULATIONS (40 CFR 122)
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(cXl) 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 (wiui 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 on its effluent that
may have been conducted within the previous three years. Finally, the facility must provide
information on its "effluent characteristics". Facilities in the industrial category of Printing and
Publishing, and/or in Photographic Equipment and Supplies, will need to test for all 126 priority
pollutants listed in 40 CFR 122 Appendix D. Table C.I lists the 126 priority pollutants. Each
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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 ihe results of any
quantitative data about its discharge for that pollutant. Quantitative testing is required for the non-
conventional pollutants if the applicant expects them to be present in its discharge. Table C.2 lists
the non-conventional and hazardous pollutants likely to be discharges by printing facilities.
For the purpose of reporting on effluent characteristics in permit applications, there exists
a small business exemption (40 CFR 122.21 (gX8)) for all applicants for NPDES permits with
gross total annual sales averaging less than $100,000 per year (in second quarter 1980 dollars).
This exempts the small business from submitting quantitative data on certain organic toxic
pollutants (see 40 CFR 122.21 Table II, Appendix D). However, the small business must still
provide quantitative data for other toxic pollutants (metals and cyanides) and total phenols, as
listed in 40 CFR 122.21 Table III, Appendix D. The same regulations apply to the small business
concerning the other hazardous pollutants and non-conventional pollutants as for the larger
facilities (see previous paragraph).
"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.
Standard conditions also put the permittee on notice of penalties which may be assessed if the
permit is violated. Standard permit condition^ describe the permittee's duties and obligations
during the effective period of the permit, including the duty to comply with all conditions in the
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 enter the facility at any reasonable time to conduct an inspection or to monitor
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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 recordkeeping requirements, and,
potentially, stormwater 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.
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Table C.1 Priority Pollutants (#1-69)
acenaphthene 2,6-dinitrotoluene
acrolein 1,2-diphenylhydrazine
acrylonitrile ethylbenzene
benzene ^..oranthene
benzidene 4-chlorophenyl phenyl ether
carbon tetrachloride 4-bromophenyl phenyl ether
chlorobenzene .bis (2 chloroisopropyl) ether
1,2,4-trichlorobenzene bis (2-chJoroethoxy) methane
hexachlorobenzene methylene chloride
1,2-dichloroethane methyl chloride
1,1,1-trichloroethane methyl bromide
hexachloroethane bromoform
1,1 -dichloroethane dichlorobromomethane
1,1,1 -trichloroethane trichlorofluoromethane*
1,1,2,2-tetrachloroethane dichlorodifluoromethane*
chloroethane chlorodibromomethane
bis (chloromethyl) ether* hexachlorobutadiene
bis (2-chloroethyl) ether hexachlorocyclopentadiene
2-chloroethyl vinyl ether (mixed) isophorone
2-chloronaphthalene napthalene
para-chloro meta-cresol nitrobenzene
chloroform (trichloromethane) 2-nitrophenol
2-chJorophenol 4-nitrophenol
1,2-dichlorobenzene 2,4-dinitrophenol
1,3-dichlorobenzene 4,6-dinitro-o-cresol
1,4-dichlorobenzene N -nitrosodimethy lamine
3,3'-dichlorobenzidine N-nitrosodiphenylamine
1,1 -die. i ioroethylene N-nitrosodi-n-propylamine
1,2-trans-dichloroethylene pentachlorophenol
2,4-dichlorophenol phenol
1,2-dichloropropane bis (2-ethylhexyl) phthalate
1,3-dichloropropylene butylbenzyl phthalate
2,4-dimethylphenol di-n-butyl phthalate
2,4-dinitrotoluene di-n-octyl phthalate
*These chenicals have since been deleted from this list
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Table C.1
Priority Pollutants (#70-129)
diethyl phthalate
dimethyl phthalate
benzo^anthracene
benzo(a)pyrene
3,4-benzofluoranthene
benzo(k)fluoranthene
chrysene
acenaphthylene
anthracene
benzo(ghi)perylene
fluorene
dibenzo(a,h)anthracene
indenc/1 2,3-cd)pyrene
pyrene
tetrachloroethylene
toluene
trichloroethylene
vinyl chloride
aldrin
dieldrin
chlordane
4,4'-DDT
4,4'-DDE
4,4'-DDD
alpha-endosulfan
beta-endosulfan
endosulfan sulfate
endrin
endrin aldehyde
heptachlor
heptachlor epoxide
alpha-BHC
beta-BHC
gamma-BHC
delta-BHC
PCB-1242
PCB-1254
PCB-1221
PCS-1232
PCB-1248
PCB-1248
PCB-1260
PCB-1016
toxaphene
antimony
arsenic
asbestos
beryllium
cadmium
chromium, total
copper
cyanide, total
lead
mercury
nickel
selenium
silver
thallium
zinc
TCDD
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Table C.2. Hazardous and Non-Conventional Chemicals
Used In the Printing Industry
Hazardous Pollutants Non-Conventional Pollutants
Cyclohexane Barium, total
Formaldehyde Phosphorus, total
Propylene oxide Surfactants
Xylene
C.2 EFFLUENT GUIDELINES AND STANDARDS FOR THE PRINTING
INDUSTRY
A principal means for attaining water quality objectives under the Clean Wfter 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 40 CFR Part 459 are applicable to point source discharges resulting
from the development or printing of pape^ prints slides, negatives, enlargements, movie film, and
other sensitized materials except that this part is not applicable to facilities processing 150 square
meters (1600 $4uare feet) per day or less. Effluent limitations establish the quantity or quality
of pollutants or pollutant properties which may be discharged from a photographic processing
source after the application of the best practicable control technology currently available. The
effluents regulated are silver, cyanide and pH. The effluent limitation maximum for any one day
per 1000 m2 of product is 0.14 kg silver and 0.18 kg cyanide. The effluent pH must be within
the range 6.0 to 9.0.
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In the absence of effluent limitation guidelines for a facility category, permit writers
established technology-based controls using their Best Professional Judgement to the extent EPA-
promulgated effluent limitation guidelines are inapplicable (40 CFR 125.3(cX2)). In essence, the
permit writer undertakes and 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.
C.3 WATER QUALITY-BASED EFFLUENT UMTTATIONS (40 CFR 131)
NPDES permits must also contain any more stringent permit limitations based on state
water quality standarus. 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 stream. Consequently, permit writers may calculate available dilution and
determine a proper mixing zone (if allowed by the State) to develop an effluent limit.
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APPENDIX D
CERCLA REPORTABLE QUANTTTIES FOR SOME CHEMICALS
USED IN THE PRINTING INDUSTRY
Chemical Reportable Quantity (Ibs)
Acetone 5,000
Ammonia 100
Benzene 10
Cadmium and compounds 1
Carbon tetrachloride 10
Chloroform 10
Chromium and compounds 1
Cumene 5,000
Cyclohexane 1,000
Dibutvl phthalat- 10
Ethanoi, 2-ethoxy 1,000
Ethyl acetate 5,000
Ethylbenzene 1,000
Formaldehyde 100
Hydrochloric acid 5,000
Isophorone 5000
Lead and compounds 1
Methyl chloroform 1,000
Methylene chloride 1,000
Methanol 5,000
Methyl ethyl ketone 5,000
Methyl isobutyl ketone 5,000
Perchloroethylene 100
Phosphoric acid 5,000
Propylene oxide 100
Sulfuric acid 1,000
Toluene 1,000
Toluene diisocyanate 100
1,1,1-Trichloroethane 1,000
1,1,2-Trichloroethane 100
Trichloroethylene 100
Vinyl chloride 1
Xylene (mixed) 1,000
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APPENDIX E
THRESHOLD PLANNING AND REPORTING QUANTITIES FOR SOME
EPCRA-DESIGNATED EXTREMELY HAZARDOUS CHEMICALS USED
IN THE PRINTING INDUSTRY
Chemical Name Reportable Threshold Planning
Quantity (Ibs)
Ammonia 100 500
Formaldehyde 100 500
Hydroquinone 1 500/10,000*
Propylene oxide 100 10,000
Sulfuric acid 1,000 1,000
Toluene 2,4-Diisocyanate 100 500
*Revised Threshold Planning Quantity based on new or re-evaluated toxicity data
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APPENDIX F
CHEMICALS USED IN THE PRINTING INDUSTRY THAT
ARE LISTED IN THE TOXIC RELEASE INVENTORY
TOXIC CHEMICALS
Acetone Ammonia
Barium Cadmium
Chromium Copper*
Cumene Cyclohexane
Methylene chloride Ethylbenzene
Ethylene glycol Ethylene oxide
Formaldehyde Freon 113
Hydrochloric acid Hydroquinone
Lead Methanol
Methyl ethyl ketone Methyl isobutyl ketone
Phosphoric acid Silver
Sulfuric acid Tetrachloroethylene
Toluene Trichloroethylene
1,1,1-Trichloroethane Xylene
*Copper phthalocyanine pigments delisted in May 1991
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