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Preface and Acknowledgments
Preface
As part of its mandate to clarify and communicate environmental regulatory responsibilities to
the freight and rail industry, the Environmental Protection Agency's Freight, Economy, and the
Environment Work Group has worked with the Federal Railroad Administration (FRA) to
prepare a handbook on Environmental Protection Agency (EPA) regulations applicable to
short line railroads. The EPA Transportation and Energy Branch in the Office of Policy,
Planning, and Evaluation and the FRA Office of Policy and Program Development are the lead
offices responsible for developing the handbook. The EPA Work Assignment Manager for this
project was Will Schroeer. The FRA Work Assignment Manager was Marilyn (Mickey) Klein
Abt Associates Inc. supported the development of the compliance handbook.
ACKNOWLEDGMENTS
The Environmental Compliance Handbook for Short Line Railroads would not have been
possible without the help and assistance of the American Short Line Railroad Association and
the Association of American Railroads. These railroad trade associations were instrumental in
establishing the cooperative efforts between industry, FRA, and EPA.
The following railroads provided crucial compliance information and documentation from their
own environmental compliance programs:
CSX Transportation
Norfolk Southern Corporation
Union Pacific Railroad
These short line railroads provided specific compliance examples and important feedback on
document content:
OMNITRAX, Inc.
Providence and Worcester Railroad
Company
Sandersville Railroad
Wheeling and Lake Erie Railway
Wisconsin Central Railroad
Bessemer and Lake Erie Railroad
Company
Duluth. Missabe, and Iron Range
Railway Company
The Indiana Railroad Company
Kiamichi Railroad
LTV Steel Railroad
McCloud Railway
Mid-Michigan Railroad
Preface and Acknowledgments
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Land Issues: Buying and Leasing Property 47
Painting/Paint Blasting 48
Trackside Lubricators 49
Transformers and Other Electrical Equipment Containing Insulating Fluids: PCBs 50
Underground Storage Tanks 53
Wastewater Treatment Systems and Oil-Water Separators 57
Yard Maintenance/Dust Control 58
Transportation Operations 59
Fueling 59
Hazardous Material Transport: Normal Operations 61
Locomotive Oil and Coolant Releases 62
Locomotive Stack Emissions 63
Spills/Leakage During Transport 64
Chapter III: Guide to Federal Environmental Laws 67
Major Environmental Laws Applicable to the Short Line Railroad Industry 67
The Resource Conservation and Recovery Act 69
The Clean Water Act 81
The Clean Air Act 87
The Toxic Substances Control Act 91
The Comprehensive Environmental Response, Compensation, and Liability Act 93
The Emergency Planning and Community Right-to-Know Act 95
The Federal Insecticide, Fungicide, and Rodenticide Act 97
Noise Control Act: 98
Other Regulations Potentially Affecting Railroad Operations 100
Glossary of Terms 103
Appendix A: Telephone Contacts 115
appendix B: Material Disposal Discussion 139
Contents
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Table of Contents
Preface and acknowledgments
Chapter I: The Handbook; What It Is, What It Does l
Why an Environmental Compliance Handbook for Short Line Railroads? 1
How to Use the Handbook 1.
Test Drive the Handbook 1
What is an Environmental Law? .'...2
How do Environmental Laws Affect Short Line Operations? /. 2
What Are the Differences Between Class I and Short Line Environmental Compliance
Concerns? 3
Chapter II: Environmental Compliance Issues Facing Short Line
Railroads: A Listing by Railroad Operations 5
Mechanical Operations 7
Brake Repair 8
Cleaning Operations: Large Scale Equipment Cleaning 9
Cleaning Operations: Small Scale Cleaning Operations 12
Hydraulic System Repair 14
Locomotive and Motor Vehicle Coolant Disposal 15
Metal Machining/Metal Scrap 17
Oil Filter Replacement and Used Oil Disposal 18
Painting/Metal Finishing 21
Paint Stripping/Shot Blasting 24
Spent Battery Storage and Disposal 26
Spills/Leaks' Hazardous Substances 29
Spills/Leaks: Oil and Petroleum Substances 31
Engineering Operations 33
Above-Ground Storage Tanks 34
Air Conditioner/Refrigerator Service and Disposal CFCs (Chlorofluorocarbons) 37
Ballast Replacement, Storage, Disposal 38
Building Renovation/Demolition: Asbestos Concerns 39
Construction and Facility Maintenance 41
Crosstie Replacement and Disposal 42
Facility Power Generation/Incineration 44
Herbicide Use- Maintenance of Way 45
Landfills/Dumps 46
Contents
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Chapter I: The Handbook; What It Is, What It Does
Why an Environmental compliance Handbook for Short Line
Railroads?
Short line railroad operations are governed by a variety of laws passed by. the federal
government to regulate the impact of human activities on the environment. Non-compliance
with these regulations can result in damage to the environment and potentially significant
financial liabilities for clean-up costs or fines. Unfortunately, environmental regulations and
laws can be extremely confusing. In addition, sources of information on environmental
compliance may seem difficult to find. Environmental compliance may be especially difficult for
short line railroads which do not have the time or the staff necessary to determine their
responsibilities. The U.S. Environmental Protection Agency and the Federal Railroad
Administration, in cooperation with the American Short Line Railroad Association, the
Association of American Railroads, and volunteer short line railroads all over the nation,
developed this handbook to address those issues. This handbook is a "plain-English" guide to
short line railroad environmental responsibilities and the laws that created them. For further
information, the handbook provides state and federal agency contacts and Hotlines.
How to Use the Handbook
This handbook is intended to provide you, the short line railroad operator, with a good
background knowledge of the environmental requirements of your specific operations: It is not
the final word on compliance responsibilities at your railroad. The regulations discussed in
this handbook are federal law. Your state may have its own, much stricter, requirements
State regulations are usually based on federal law, however, so the requirements discussed here
should provide a good framework for understanding your responsibilities.
There are two ways to determine your environmental compliance requirements from this
handbook, by operation or by law. Chapter II contains major short line railroad operations and
their environmental compliance requirements. Chapter III discusses environmental laws, their
histories, and their implications for railroad operations.
An understanding of both sections is important to determine your railroad's compliance
requirements The most important information in the handbook, however, is in Appendix A,
the telephone contact section. As mentioned above, the requirements of your state may differ
significantly from those in this handbook. It is up to you to determine the details of your state
and local requirements by calling the agencies in your area. By consulting the handbook first
you will gain a better understanding of where and why your attention is needed
Test Drive the Handbook
Look up an operation in Chapter II and read about some of your potential compliance
responsibilities. Have questions about the laws behind those requirements? Read relevant
l
Environmental Compliance Handbook for Short Line Railroads
Chapter I
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sections in Chapter III, an overview of environmental laws affecting railroad operations
Consult Appendix A to get the phone numbers of federal and state contacts in your area that
can help you determine your specific responsibilities. As you find state and local
environmental agency representatives to help you understand compliance requirements, enter
their names and phone numbers in the blank.telephone contact section at the end of Appendix
A for future reference.
Read on to learn more about environmental compliance at your railroad.
What is an Environmental Law?
A good first step in understanding your environmental compliance responsibilities is to
understand how the regulations themselves were created.
The process begins when Congress passes a law to address an environmental
problem, such as the Clean Water Act (CWA) to address water pollution. In the
text of the law, or statute as it is sometimes called, Congress will spell out in as
much detail as it can the particulars of how it wants to correct the problem. In the
CWA, for example, Congress decided what types of water pollution it wanted to
regulate, why, and how it wanted to regulate them.
After the law is passed it is turned over to a governmental agency, such as the EPA,
to develop the specific regulations that will require compliance. As directed by
Congress, the regulatory agency then "fills in the blanks" in the law with regulations
and requirements.
To continue the water example, the EPA was directed by Congress in the CWA to
develop "effluent limitations" for particular water pollution generators. In this
request, Congress told EPA the' kinds of pollutants to regulate and how, but left it
up to the agency to develop the actual standards.
After developing these standards, the governmental agency is then responsible for
' enforcing the regulations. Examples of these agencies are the Environmental
Protection Agency (EPA), the Department of Transportation (DOT), and the
Occupational Safety and Health Administration (OSHA). Regulations developed by
an agency have the binding force of law.
How do Environmental Laws Affect Short Line Operations?
Short line railroad operations may typically require compliance activities under all major
environmental statutes. Clean Air Act (CAA), Clean Water Act (CWA), Resource
Conservation and Recovery Act (RCRA), Comprehensive Environmental Response and
Liability Act (CERCLA), Toxic Substances Control Act (TSCA), Emergency Planning and
Community Right-to-Know Act (EPCRA), Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), and the Noise Control Act. Of these statutes, however, RCRA, which governs
the proper disposal and management of hazardous and fuel wastes, and the CWA, which sets
Environmental Compliance Handbook for Short Line Railroads
Chapter!
2
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controls for the release of process wastewaters such as locomotive cleaning wash waters into
local waterways and sewer systems are the most important compliance concerns for short line
railroads
These statutes are important compliance concerns because of the potentially wide variety of
hazardous substances used by railroads and high volumes of fuel transferred and stored at
railroad sites. Some refueling stations deliver fuel at the rate of four gallons per second; a small
oversight or malfunction can result in a sizable material spill. Although spilled fuel is not
usually considered a "hazardous" waste, subject to strict requirements under RCRA, it is a
"special" waste and must be disposed of properly. In addition, under the CWA, spill
containment procedures and plans (called SPCC plans) must be filed if oil or petroleum
products are stored on-site in certain quantities.
A variety of hazardous substances are used and wastes generated in normal rail yard activities,
from spent cleaning solvents to signal batteries. Many spent signal batteries are classified as
hazardous wastes under RCRA In some cases, this will result in limits on the amount of time
that used hazardous signal batteries may be stored at your facility, as well as a host of other
reporting and manifesting requirements. Proper hazardous materials management practices are
a necessity to avoid costly environmental compliance problems now and in the future.
What are the Differences Between Class I and Short Line
Environmental Compliance Concerns?
The same environmental, regulations apply to short line railroads as apply to Class I railroads,
but the compliance requirements differ because of differences in size and typical operations
RCRA, for example, establishes a set of compliance categories based. on the
quantities of RCRA wastes generated at a facility. Under RCRA requirements,
short line operations may qualify for conditionally exempt small quantity generator
status and thus face different compliance requirements than Class I railroads, which
typically qualify as large quantity generators.
Operational differences also exist between short lines and Class I railroads. Short
line railroads are much less likely than larger Class I railroads to have large on-site
painting and paint stripping facilities. These processes typically require permits for
air emissions and disposal of paint-related wastes.
As a result of these differing environmental compliance profiles, this handbook focuses on
those priority environmental compliance issues that apply specifically to short line railroads
By focusing on priority issues, the handbook is compact in size; however, it may lack
information on some operations for which compliance is required If you have a concern about
environmental compliance responsibilities at your facility, call the Hotline and contact numbers
contained in Appendix A In matters of environmental compliance, it is always better to be
sure of compliance status. Non-compliance can result in dangerous situations for employees,
harmful releases to the environment, and potentially large fines or clean-up costs.
Environmental Compliance Handbook for Short Line Railroads-
Chapter I
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NOTES
Environmental Compliance Handbook for Short Line Railroads
Chapter]
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Chapter II: Environmental Compliance Issues Facing
Short Line Railroads, A Listing by Railroad Operations
This chapter presents various short line railroad operations and their associated federal
environmental compliance requirements. If you are familiar with the operations of your
railroad, this chapter should help you determine what some of your responsibilities are under
environmental law. Chapter III contains background information on the environmental laws
that create the compliance responsibilities below. Consult Chapter HI and the Glossary for
clarification on the terminology and legal basis of these environmental regulations.
This chapter is divided into three sections, by railroad operation-
Operation
Definition
Some Activities Related to
Environmental Regulations
Mechanical
Activities related to the
maintenance and storage of
locomotives, track repair
equipment, or cars.
Oil filter replacement and used
oil disposal
Service fueling
Railcar cleaning (wastewater
treatment)
Engineering
Any work done to maintain
fully operational railroad track
and facilities.
Rail lubricator maintenance
Crosstie repair or replacement
Transportation
All activities associated with
the movement of locomotives
and trains over a section of
track
Noise generation
Spill preparedness
Environmental Compliance Handbook for Short Line Railroads
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Within each general operations category (e.g., Mechanical Operations), the discussion of
environmental regulatory requirements is split into specific operations (e.g., Large Scale
Equipment Cleaning). An example of this discussion format follows:
Example Section
General Operations Category at top of page (e.g., Mechanical Operations)
Specific operation (e.g.. Large Scale Equipment Cleaning)
Major compliance issues:
This section describes the environmental issues associated with the activity and identifies
the environmental law(s) that apply to the activity.
What to do:
This section overviews the compliance requirements associated with the activity.
Pollution prevention idea:
The concept of pollution, prevention involves changes in normal operations to reduce
pollution production, such as process product substitution, waste minimization, or process
change. Pollution prevention ideas are presented if available.
Case example:
If available, the compliance experiences of a short line railroad on this issue.
For more information:
If appropriate, other sections in handbook and other publications where additional
information is available on the topics relevant to this operation.
This report discusses only federal environmental laws and their related regulations. However,
many state and local governments have been given the authority to put their own
environmental programs in place if these programs are at least as strict as the federal ones
discussed below. Even where federal regulations apply, individual states may impose additional
requirements for environmental compliance. As a result, the type and difficulty of
environmental requirements will differ from state to state Since state standards may be
considerably more restrictive, the compliance requirements discussed below should be
considered as a baseline, the lowest potential level of activity required for compliance with
environmental laws You can determine the compliance requirements particular to your state
by contacting your state's environmental officials listed in Appendix A.
Enyirovmektal Compliance Handbook for Short Line Railroads
Chapter D
6
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MECHANICAL
Mechanical Operations
Mechanical operations are those activities related to the maintenance and . storage of
locomotives, track repair equipment, or cars. The following mechanical operations subject to
environmental regulations are discussed in this section:
Brake Repair
Cleaning Operations Large Scale Equipment Cleaning (including locomotive
washing)
Cleaning Operations: Small Scale Cleaning Operations
Hydraulic System Repair
Locomotive and Motor Vehicle Coolant Disposal
Metal Machining/Metal Scrap
Oil Filter Replacement and Used Oil Disposal
Paintmg/Metal Finishing
Paint Stripping/Shot Blasting
Spent Battery Storage and Disposal
Spills/Leaks: Hazardous Substances
Spills/Leaks Oil and Petroleum Substances
7
Environmental Compliance Handbook for Short Line Railroads
Chapter D
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MECHANICAL
Brake Repair
Major compliance issue: Regulated waste generation
Brake repair is not a significant environmental hazard, but discarded brake shoes may be
regulated under the Resource Conservation and Recovery Act in some states. Some older
brake shoes contain asbestos and may require special disposal.
What to do:
Check with your local hazardous material official to see if your state regulates used brake pads
as hazardous or special wastes under the Resource Conservation and Recovery Act. Local
environmental officials are listed in Appendix A.
/Case Example: At one facility, used brakes were placed in a labeled drum before shipment
to a local landfill. Another railroad returns used brake shoes to the supplier
for handling as scrap.
For more information:
See Chapter III: The Resource Conservation and Recovery Act
Environmental Compliance Handbook for Short Line Railroads
Chapter n
8
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MECHANICAL
Cleaning Operations: Large Scale Equipment Cleaning
Major compliance issues: Wastewater generation, Stormwater runoff, Regulated waste
generation
Wastes generated from large-scale equipment cleaning, such as locomotive, track equipment,
or axle cleaning operations, must be handled properly to avoid harming the environment and to
comply with federal environmental regulations:
Any sludges created as a result of the process should be characterized and, if
appropriate, checked for compliance with hazardous waste regulations before
disposal.
Wastewaters from locomotive cleaning can contain elevated levels of oil, grease,
suspended solids (a measure of particulate matter in water), and pH (acidity or
alkalinity of water). These substances are regulated water pollutants, so wash
waters must be processed in a way that is consistent with Clean Water Act
requirements. In most cases, the state has authority for enforcement of Clean Water
Act provisions and permit administration.
Treatment of wash waters may be required before release to a local sewer system
or an outfall regulated by a National Pollutant Discharge Elimination System
(NPDES) permit (See Engineering: Wastewater treatment systems and Oil-Water
Separators).
If cleaning operations are conducted outdoors, there may be Clean Water Act
requirements to prevent the runoff of stormwater containing cleaning solutions and
removed substances into local water systems.
The type of cleaning solution used is also an environmental concern. If mineral
spirits or other chemicals are used to clean equipment, a variety of environmental
compliance issues may result. Mineral spirits are hazardous substances that have
environmental compliance requirements for storage, handling and disposal.
Regulations are currently under development for the Transportation Equipment Cleaning
Industry. These regulations, when effective, will impact railroads that clean the interior of tank
cars, hopper cars, and box cars, and produce a wastewater as a result If a tank car has carried
hazardous materials, its car cleaning wastewaters may require characterization and proper
handling under the Resource Conservation and Recovery Act (RCRA) in addition to that for
normal wastewaters due to contamination from leftover tank contents or "heel". If tank cars
are cleaned on the premises, these requirements should be considered. Note. Most short line
railroad facilities will not be subject to this requirement, since lank cars are usually
maintained by specialty cleaning companies or by the shipper/owner of the car.
9
Environmental Compliance Handbook for Short Line Railroads
Chapter D
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MECHANICAL
What to do:
Wastewater Generation
The Clean Water Act requires that dischargers obtain, and operate in compliance with, a
NPDES permit in order to discharge effluents (wastewaters) directly to a receiving waterway
(note: this definition includes any body of water or ditch). Short line (and other) railroad
facilities are not currently regulated by specific industry guidelines under the Clean Water Act
Regulation of wastewater discharges at a facility will depend on the "Best Professional
Judgment" (BPJ) of the state or federal permit writer upon facility inspection. If your facility
discharges wastewaters to a sewer system, your local or regional sewer authority should be
contacted for information on any requirements.
If you are discharging wastewaters: S Arrangements should be made for a facility
inspection if wastewaters are being
generated and discharged to a waterway
without a permit.
S If wastewaters are routed to a local sewer
system, the local or regional sewer
authority should be contacted for
information on any requirements.
Stormwater Runoff:
EPA recently identified rainwater runoff (referred to as stormwater runoff) as a significant
source of pollutant transfer from facilities to water bodies. Stormwater runoff from industrial
facilities generally requires a permit. If facility stormwater drains and plumbing bypass facility
wastewater treatment systems or sewer lines, stormwater can transport hazardous materials
from facility grounds directly into the environment. Local environmental officials should be
contacted for information on compliance with the stormwater runoff provisions of the Clean
Water Act. (A list of contacts can be found in Appendix A) A Stormwater Pollution
Prevention Plan (SWPPP) may be required.
Regulated waste generation:
If hazardous cleaning agents (e.g., solvents) are used, care should be taken to wear protective
safety gear and follow good housekeeping practices (e.g., clear labeling of all chemicals and
wastes to avoid misuse and potential injury or contamination). Good housekeeping practices
have been shown to improve shop safety significantly and decrease the chances of accidental
spills or releases. Generally speaking, wastes may be hazardous wastes if they are toxic,
corrosive, ignitable, explosive, or chemically reactive (consult cleaning agent Material Safety
Data Sheet (MSDSs) and contact local environmental officials to determine if a cleaning agent
qualifies as "hazardous" under local laws).
Environmental Compliance Handbook for Short LrNE Railroads
Chapter D
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MECHANICAL
Hazardous cleaning materials and wastes could be regulated under the Resource Conservation
and Recovery Act (RCRA), the Clean Water Act (CWA) and may also have Clean Air Act
(CAA) requirements.
Pollution prevention ideas:
Water usage reduction
Waste minimization in equipment cleaning may be achieved by reducing the amount of water
used to clean large equipment. A reduction in water usage will translate into a reduction in the
volumes of generated wastewaters.
Solvent usage reduction
Axle protective coatings can be removed with 140 solvent or a similar non-hazardous or.
aqueous solvent to avoid hazardous waste generation procedures. The use of hazardous
cleaning compounds in outdoor large equipment cleaning can also be avoided by using a
detergent/water mixture or steam. In these processes, wastewaters must be channeled properly
for treatment or disposal
For more information:
bee Chapter ill: Clean Water Act
See Chapter III: The Resource Conservation and Recovery Act
See Chapter III: Clean Air Act
11
Environmental Compliance Handbook for Short Line Railroads
Chapter D
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MECHANICAL
Cleaning Operations: Small Scale Cleaning Operations
Major compliance issues: Regulated waste generation, Wastewater treatment,
Hazardous air pollutant generation
Small parts (e.g., engine parts) cleaning operations can be sources of water, air, and solid
waste pollution, depending on the cleaning solutions used and the materials removed from the
parts
Compliance problems may result if cleaning stations are drained to a sewer system
not prepared to handle parts-cleaning wastes.
The use of volatile solvents in small parts cleaning may require Clean Air Act
permitting in some poor air quality regions.
Hazardous solid wastes may be generated from residual solvents and sludges.
What to do:
If hazardous solvents are used at cleaning stations, care should be taken to wear protective
safety gear and follow good housekeeping practices (e.g., clear labeling of all chemicals to
avoid misuse and potential injury or contamination). Good housekeeping practices have been
shown to improve shop safety significantly and decrease the chances of accidental spills or
releases.
Wastewater generation:
If washing stations drain to local sewers or oil-water separator systems, any hazardous
materials used or generated during parts washing that go down the drain may need to be
permitted under the Clean Water Act. While most railroad wastewater treatment'systems have
been designed to remove oils (which are hazardous materials) from the wastewater, other
hazardous materials, specifically solvents, may not be removed in the same process. Hazardous
materials can hinder the ability of sewer systems to treat wastewaters. As a result, many
Publicly Owned Treatment Works (POTWs) have put requirements, called pretreatment
standards, in place. These standards govern the types and amounts of hazardous materials you
are allowed to discharge to the sewers.
Regulated waste generation:
If hazardous cleaning solvents are used, special care must be taken with solvent storage and
waste disposal. If oil or petroleum materials are removed from the parts, the waste created may
have special disposal requirements in your state. Even if your area does not regulate oil wastes
as hazardous, a combination of oil waste and hazardous solvent waste must be treated as
hazardous under RCRA law. You can find out your state requirements by contacting your
environmental representative listed in Appendix A.
Environmental Compliance Handbook for Short Line Railroads
Chapter D
12
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MECHANICAL
Some facilities have self-contained, contractor-operated small parts washing systems that do
not drain to a sewer. These systems may include a solvent dispenser, wash basin, and waste
solvent collection system. Hazardous wastes generated by these commercial operations may be
returned to the supplier, who redistills the cleaning fluid and sends the remaining hazardous
waste for disposal. If a contractor has the responsibility for your hazardous waste disposal, it is
important to know that the wastes are disposed of properly. The liability imposed by hazardous
waste cleanup laws (called CERCLA, or more commonly known as Superfund) may hold you
financially accountable for the improper disposal of your wastes, even if it was done without
your knowledge. Under these laws you may be financially liable for cleanup of any
improperly disposed hazardous wastes.
Pollution Prevention Idea: Solvent usage reduction
Switch from hazardous organic-based to non-hazardous aqueous-based solvents for small scale
cleaning operations. This will reduce the amount of hazardous waste generated from your
cleaning operation. Solvent recycling can also decrease your hazardous waste production from
small parts cleaning.
For more information:
See Chapter III. Clean Water Act
ซ See Chapter III: The Resource Conservation and Recovery Act
See Chapter III: Clean Air Act
See Chapter III: Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA)
Environmental Compliance Handbook for Short Line Railroads
Chapter D
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| MECHANICAL
Hydraulic System Repair
Major compliance issues: Regulated waste generation
Used hydraulic fluids are listed as used oils under the Resource Conservation and Recovery
Act, or RCRA. The major compliance issues associated with hydraulic system repair involve
handling of the hydraulic fluid, including:
proper disposal
spill containment
storage
Environmental damage can occur from waste oil seepage into the soil, waste oil runoff into
waterbodies during storms, and other contamination methods.
What to do:
These fluids should be handled as used oils because they are subject to the same requirements
Hydraulic fluids should not be mixed with other, more hazardous wastes (e.g., solvents from
parts cleaning) before disposal. According to your particular state's regulations, however, it
may be acceptable to dispose of lube and hydraulic oils in waste oil storage tanks. It is always
important to clean up waste oil spills immediately. Any releases or spills of oil into a body of
water, regardless of the amount of oil or fuel involved, must be reported immediately to the
National Response Center (NRC, 24 hour Hotline: 1-800-424-8802), if a sheen appears on
the water surface. Sometimes the applicable state agency with jurisdiction, normally the water
pollution control or emergency response agency also needs notification.
For more information:
See Chapter III: Clean Water*Act
See Mechanical: Oil Filter Replacement and Used Oil Disposal
See Mechanical Spills/Leaks: Oil and Petroleum Substances
Environmental Compliance Handbook for Short Line Railroads
Chapter D
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MECHANICAL
Locomotive and Motor Vehicle Coolant Disposal
Major compliance issues: Regulated waste generation, Stormwater runoff
Locomotive and motor vehicle coolants can contaminate both water and soil. Used coolant
must be disposed of properly. Locomotive cooling systems do not contain automotive type
ethylene glycol-based antifreeze. Because of this, locomotive cooling systems may need to be
drained when engines are shut down during road operation in cold weather. Failure to do so
can result in serious engine damage due to freezing of the coolant. To protect the cooling
system from corrosion, locomotive coolants contain a dilute additive package, which is
basically a mixture of sodium borate and sodium nitrate. The additive package usually contains
a dye, to help identify leaks and insure the cooling system is protected. The compounds are
diluted in the cooling system to approximately one to three percent. The concentrations of the
individual corrosion inhibitors is a fraction of one percent.
What to do:
Regulated waste generation
Locomotive coolants are nitrate-based corrosion inhibitor mixtures that may be disposed of in
sewer systems. If your facility's wastewater is collected and routed to a local publicly owned
treatment works (POTW), pretreatment. arrangements with local sewer authorities will
determine whether this is acceptable practice. If unsure of the pretreatment arrangements, made
by your facility, contact your local sewer authority pretreatment program before disposing of
locomotive coolants in this manner. If your facility treats its wastewater onsite and discharges
directly to a receiving waterway, check with the requirements of your discharge permit before
disposing of coolant in the drain. Permit violations can result in costly fines.
Stormwater runoff/Locomotive Coolant
The following are some best management practices when dealing with locomotive cooling
system discharges
1) When possible, coolant should be discharged when the locomotive has stopped and
is at a location where the coolant can be collected and managed. This will minimize
the staining of soil or water that may be perceived as a more serious problem.
2) When possible, coolant should not be discharged from a locomotive that is crossing
open water or traveling adjacent to open water. This will minimize the potential for
aesthetic degradation of water
3) Operators should be familiar with the spill reporting requirements of the states in
which they operate, and act accordingly when a coolant discharge takes place
When coolant is discharged, operators should be prepared to inform the local and
environmental officials and the public about the innocuous nature of the coolant.
15
Environmental Compliance Handbook for Short Line Railroads
Chapter D
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MECHANICAL
Stormwater runoff/Maintenance and Fleet Vehicles
Coolants from maintenance and fleet vehicles should be collected and recycled. Since this type
of coolant normally contains ethylene glycol, it must not be mixed with the locomotive coolant
when recycling.
For more information:
See Engineering: Wastewater Treatment Systems and Oil-Water Separators
Environmental Compliance Handbook for Short Line Railroads
Chapter D
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MECHANICAL
Metal Machining/Metal Scrap
Major compliance issues: Regulated waste generation, Stormwater runoff
Metal machining and punching can generate regulated wastes that may contaminate the
environment from direct release into water or from stormwater runoff. Pollutant-carrying
stormwater runoff may violate the Clean Water Act. Coolants from metal multi-punch
operations may be regulated substances under the Resource Conservation and Recovery Act
(RCRA) or local waste regulations and may require special handling.
What to do:
Collect filings when machining metal parts and recycle if possible. As a Best Management
Practice, any materials, such as metal scrap, that are generated from metal punching or other
mechanical operations should be stored out of contact with rain or in areas where storm water
runoff is controlled and managed. However, given the size, volume, and weight of metal
materials present in railroad yards, such as rail and tie plates, it is often impractical to store
such materials in covered areas.
Any water-based coolant from multi-punch presses may be disposed of as non-hazardous liquid
waste, but should not be dumped into storm drains, drains that do not have wastewater
treatment systems designed to handle and permitted for this type of wastewater, or soil.
Pollution prevention idea:
Metal scrap can be recycled if sorted and properly stored. Scrap materials generated from
machine operations, and discarded metal such as bars or rails can be recycled. Labeled
recycling containers can be placed around the shop for easy access and later sorting.
For more information:
See Chapter III: The Resource Conservation and Recovery Act
17
Environmental Compliance Handbook for Short Line Railroads
Chapter II
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MECHANICAL
Oil Filter Replacement and Used Oil Disposal
Major compliance issues: Regulated waste generation, Wastewater generation,
Stormwater runoff
A variety of environmental issues need to be considered when performing any oil handling
activities such as oil changes or oil filter replacement to locomotives, motor vehicles,
maintenance equipment, and other motors. Oil releases to the environment from oil drippage
can also occur during locomotive tie-up. If not properly handled, waste oils can harm the
environment by
contaminating surface water, groundwater, and soil;
creating worker health and safety concerns; and
exposing your facility to punitive fines for violation of a variety of environmental
statutes.
The control of oil and petroleum substances is required under a variety of federal
environmental statutes. Many statutes cover issues relevant to the prevention of oil spills. For
example, the Clean Water Act (CWA) requires spill prevention plans (Spill Prevention,
Control, and Countermeasure plans, or SPCC plans) when oil is used or stored in large
quantities (over 660 gallons in a single tank or an aggregate of 1,320 gallons in more than one
tank) and management plans for stormwater runoff from oil storage areas. Used oils are not
typically categorized as highly regulated hazardous wastes under the Resource Conservation
and Recovery Act (RCRA), but used oils have strict disposal requirements in some states. See
Chapter III for a more detailed discussion of CWA, RCRA, and other environmental
regulations.
What to do:
Wastewater generation/Stormwater runoff:
As a general rule, use sufficient care during lubricating and oil change operations to prevent oil
from entering the environment. Many facilities use absorbent materials (e.g., pigmat) to catch
drips or spills during activities where oil drips might occur.
Oil filter replacement and used oil replacement are generally conducted indoors at locomotive
maintenance facilities. Locomotive idling is conducted, to the extent practicable, over track
pans, absorbent materials, or other collection devices. Some facilities have routed track pan
drains to oil-water separation systems. Do not allow used oil or oil drips to enter your
drainage system unless an oil-water separation system is in place or specific arrangements
have been made with the local sewer utility.
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mechanical]
If oil enters the environment, costly fines or cleanups may be required. One facility has installed
oil catchment systems to its locomotives. Any oil drippage is contained in these tanks and then
disposed of properly with other used oil at a facility capable of handling it.
Oil can be carried into the environment directly by stormwater into surrounding water or land,
or indirectly through improperly connected storm drains that empty into surface water or land.
_ Regulated waste generation:
S First, the filter should be drained carefully, and the
oil collected and disposed of properly. Filters may
then be disabled by mangling, crushing, dismantling
or puncturing the filter end. Drain the filter element
in a collection system for 24 hours or as required to
collect the remaining oil, if not already drained from
crushing.
S Collected oil, now classified as used oil, may be
stored for later resale, recycling, or disposal. Be sure
to follow good housekeeping practices (e.g., clear
labeling of all drums) and other "Used Oil"
regulations under RCRA when storing used or
contaminated oils.
S All drums or containers with used oil or oil filters
exposed to stormwater should be labeled and have a
lid or cover at all times, except when filters are
being added to the drum or container. Do not mix
waste oils with other wastes. If used oils are mixed
with listed hazardous wastes then the mixture must
be disposed of as a hazardous waste.
S Recycle used oil at an oil recycling facility whenever
possible.
Overall, oil filter and used oil disposal requirements vary by state; contact local landfill or
waste haulers for more information. California and Texas, for example, prohibit oil filters from
landfills and classify them under the same regulations as oil. Other states may allow oil filter
disposal through normal solid waste disposal means (e.g., recycling, dumpster). In some states,
filter elements may require testing before disposal to determine if they must be treated as
hazardous waste Even if filters or used oil are picked up by a contracted waste hauler, it is
important to know that they are disposed of properly. Your company cart be held liable for
fines and cleanup costs of improperly disposed wastes, even if improperly disposed without
your knowledge.
Used oil Alters from
locomotives, track
equipment machinery, or
other machines must be
disposed of properly. Used
filters can be recycled
without processing on
railroad property. If
processing, the following
disassembly procedures
should be followed:
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Pollution Prevention Idea
One facility has established a reuse system for its waste oil: waste oil is transported to another
facility where it is used for fuel. This method decreased disposal and heating costs while
reducing landfill waste loads. Used oil burning of this nature has permitting implications that
the facility needs to follow. Used oil burning can also occur in on-site space heaters under
certain circumstances.
Recycling used oil by sending it to a commercial recycling facility also saves money and
protects the environment. Equipment can be set up easily to collect oils dripping off pans. One
example is a drip table, which collects dripping oil and channels it into a used oil collection
bucket. Drip pans can be placed under cars that are leaking fluids onto the parking area. A
publication, How to Set Up A Local Program to Recycle Used Oil, is available from the
Superfund Hotline at 1-800-424-9346.
For more information:
See Mechanical: Spills/Leaks: Oil and Petroleum Substances
Managing Used Motor Oil, Environmental Regulations and Technology, EPA Document #
EPA/625/R-94/010, December 1994.
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Painting/Metal Finishing
Major compliance issues: Air releases, Regulated waste generation, Wastewater
generation
Painting operations can be significant sources of environmental harm:
Air pollution from the evaporation of chemicals contained in the paint (e.g.,
solvents) can contribute to smog and worker health and safety problems
Solid and hazardous wastes from the painting process (e.g., paint-covered cloths)
may contaminate water and soil if not disposed of properly.
Air pollution issues are typical concerns only for large-scale painting operations involving paint
booths and associated air ducting. Large- and small-scale painting operations, such as aerosol
can spray painting, generate potentially hazardous materials. Whether hazardous wastes are
generated during painting depends upon the type of paint applied. Typically, latex paints and
related paint wastes are classified as non-hazardous. Ignitable or solvent-based paint or paint
thinner wastes are classified as hazardous. Used aerosol cans are classified as RCRA hazardous
wastes until the aerosol propellant is fully discharged or the can is punctured by an approved
puncturing device.
What to do:
Air releases:
Proper permits may be required for discharge of process air associated with certain large-scale
painting operations under the Clean Air Act. In addition, paint and paint thinner wastes may
require special disposal practices.
If spray painting outside, use tarps or cloths to prevent the paint mists from contaminating the
air, water, and soil. If large-scale painting operations are to be conducted outdoors, contact
local environmental officials to ensure compliance with applicable local air and water
regulations. Special air treatment systems may be required to control your air emissions from
large scale painting operations.
Wastewater generation:
Generally speaking, no paint or paint wastes should be allowed into your facility's drainage
system, unless the system is designed and permitted to treat such wastes. Even non-hazardous
paints may cause your facility to violate its wastewater discharge permit or pretreatment
agreements with the local wastewater treatment authority.
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Regulated waste generation:
Solvent-based (e.g., ignitable) and lead-based paint, paint containers, and paint wastes may
require hazardous waste handling. Used aerosol cans are classified as RCRA hazardous wastes
until the aerosol propellant is fully discharged or the can is punctured by an approved
puncturing device (See Figure 1).
Figure 1: Aerosol Can Disposal Station
Note: Can puncturing device on top of drum
Paint wastes from latex painting operations may be disposed of as non-hazardous solid waste.
Paint and paint containers can be recycled by paint manufacturers. Some paint suppliers will
reclaim paint containers and residues for reuse. To reduce the amount of wastes created by
your painting operation, all paint (including ignitable, solvent-based, and latex paints) should
be used until containers are completely empty. "Empty" paint containers of latex paint may be
disposed of as solid wastes. Used containers of hazardous substances may need to be disposed
of as hazardous wastes, if they are not completely empty.
"Empty" containers are defined under RCRA as:
having had all material removed by common practices (e.g., pouring, pumping, or
aspirating),
and
having no more than one inch of residue remaining on the bottom of the container,
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MECHANICAL
or
having no more than 3 percent by weight/volume of the container's total capacity
remains if the container is less than or equal to 110 gallons,
or
having no more than 0.3 percent by weight of the container's total capacity remains
if the container is greater than 110 gallons in size.
Pollution Prevention Idea: Waste minimization
Switch from hazardous organic-based to non-hazardous aqueous-based paints. This will reduce
the amount of hazardous waste generated from your painting operation. Purchase paint in
recyclable and/or returnable containers to reduce disposal costs.
\
For more information:
See Chapter III Clean Water Act
See Chapter III: The Resource Conservation and Recovery Act
See Chapter III: Clean Air Act
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Paint Stripping/Shot Blasting
Major compliance Issues: Regulated waste generation, Air releases
Paint stripping via shot or grit blasting operations can be a source of hazardous waste solids
and air pollutants, depending on the type of coating removed. The grit blast itself is a non-
hazardous substance, but older paints may contain metals such as lead or chromium that would
cause the resultant stripping waste to earn a hazardous waste designation If hazardous
solvents or other hazardous stripping materials are used to remove paint, the resultant paint
sludges and cleaning wastes will also be hazardous substances and must be disposed of
properly. In large grit blasting operations, the release of process air may require permitting
under local air regulations.
What to do:
Regulated waste generation:
Paint, rust, grease, and oil are all removed by the shot blast material and must be disposed of
properly. If lead-based paints are removed, the wastes must be handled as hazardous. If railcars
are grit blasted, petroleum-containing wastes may result, which may require special handling in
your state.
/Case Example: In the waste at one facility, the proportion of shot blast grit to other waste
products was high enough that the waste was not classified as hazardous
Testing was required, however, to determine the hazardous or non-
hazardous status of the shot blast waste generated at the facility.
If unsure of the status of waste created by your shot blasting facility, contact a local
environmental representative. Local environmental representatives are found in Appendix A.
Air releases:
The air containing shot blast and removed materials may require venting to a treatment system
such as a baghouse. This system removes particulate pollutants from shot blast process waste
air before allowing it to vent to outdoor air.
Other:
Various worker protection requirements apply to shot blasting operations. For example,
employees must wear protective clothing and NIOSH-approved respirators when conducting
shot blasting operations.
If conducting shot blasting or paint removal operations outdoors, proper measures should be
taken to prevent waste material contamination of air, water, and soil. If bridges or other
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MECHANICAL
structures are blasted, it is recommended that barriers be constructed around blasting
operations to avoid dust contamination of the surrounding environment. Contact local
environmental officials (contacts may be found in Appendix A) and local regulations to ensure
compliance with applicable local air and water regulations
For more information:
See Chapter III: The Resource Conservation and Recovery Act
See Chapter III' Clean Air Act
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Spent Battery Storage and Disposal
Major compliance issues: Regulated waste generation
Used battery storage and disposal can be a significant environmental liability for short line
railroads since many spent signal batteries are classified as hazardous wastes under the
Resource Conservation and Recovery Act, or RCRA. RCRA hazardous wastes have very
specific disposal requirements. As presented in the following table, various battery types used
at your facility will require various environmental compliance requirements
Used Battery Disposal Requirements
Battery Type
Common Usage
Disposal Requirements
Lead Acid
Locomotives, end of train
Lead acid batteries are not
hazardous as long as they are
recycled. .
Nickel Cadmium
Nickel Iron
Carbonaire batteries
Lead acid
Communication and signal,
track signal equipment, motor
and/or shop utility vehicle
batteries
Treat as Hazardous Wastes,
has special disposal
requirements. Some recycle
options are available.
Recycling lead acid batteries
avoids hazardous waste
requirements.
Single-use disposable
Carbon/zinc batteries
- (with and without
mercury)
Lantern batteries
Non-hazardous, return to
retailer for recycle or dispose
of as normal solid waste.
Improperly stored or disposed batteries can result in major fines or clean-up costs for spills of
hazardous battery materials.
What to do:
Spent signal batteries may be hazardous wastes under RCRA. The amount of signal batteries
generated at your facility affects the responsibilities your facility faces under RCRA law (See
Chapter III: Guide to Federal Environmental Laws for more information). Spent lead acid
batteries, including locomotive batteries, should be recycled to avoid their designation as
hazardous wastes under RCRA. There may be recycling options available for batteries of other
types (e.g., nickel cadmium); in general, recycling batteries may reduce the amount of
hazardous waste stored at your facility and thus your responsibilities under RCRA.
Some examples of variable RCRA compliance requirements applicable to waste signal batteries
include limitations on storage time of 90 or 180 days, and limitations on amount of batteries
that can be stored on site, more or less than 13,230 pounds.
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When storing used batteries
Palletize and label them by battery type (e.g..
some recommended best
lead acid, nickel cadmium);
management practices are as
Protect them from the weather with tarp, roof.
follows:
or other means;
Store them in an open rack or in a water tight
secondary containment unit to prevent leaks. An
example of secondary containment might be a
water tight bin (See Figure 2);
Inspect and document them for cracks and leaks
as they come in to your storage program. If a
battery is dropped, treat it as if it is cracked
Acid residue is hazardous because it is corrosive
and may contain lead and other toxics,
Avoid skin contact with leaking or damaged
batteries; and
Neutralize acid spills and dispose of the resulting
waste as hazardous waste if it still exhibits a
characteristic of a hazardous waste.
Figure 2: Properly Stored Batteries
Note: Hazardous Material Label is not visible from this angle
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If possible, batteries should be recycled through your supplier and the shipping receipt kept
on file. Recycling used batteries saves money, is good for the environment, and may
significantly affect your compliance requirements. Many battery suppliers accept used lead acid
batteries for recycle. Used lead acid batteries intended for recycle do not have to be manifested
as hazardous wastes in some states. If no battery suppliers in your area accept used batteries
or will not accept small loads, perhaps a friendly Class I railroad may allow the use of its
battery recycling program
It is important to remember the storage limitations for hazardous wastes. If more than 220
pounds of signal batteries that are characterized as hazardous wastes are in storage for more
than 180 days at your facility then you are in violation of RCRA law.
/Case Example: There were various battery disposal options open to one facility recycling
through a local Class I, recycling through a supplier, or direct disposal.
This facility determined that overall costs and environmental liabilities were
lowest when batteries were recycled via a supplier. It may be necessary to
explore a few recycling scenarios before finding one that is right for your
facility.
For more information:
See Chapter III: The Resource Conservation and Recovery Act
See Appendix B: Material Storage and Disposal Overview
See Recommended Instructions for Disposal and Recycling of Batteries, Association of
American Railroads Communications & Signal Manual Part 9.5.5, 50 F Street, NW,
Washington, DC 20001, Phone: 202-639-2211, Fax: x2156.
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Spills/Leaks: Hazardous Substances
Major compliance issues: Regulated waste generation, Clean-up liabilities
Spills of hazardous substances harm the environment, create safety problems, and may require
costly cleanups A variety of reporting and clean-up requirements are prescribed by
environmental regulations under such laws as the Comprehensive Environmental Response
Compensation, and Liability Act (CERCLA). Understanding where hazardous waste releases
are most likely to occur is an important step in their prevention. If a spill does occur, an
understanding of the correct strategies and the correct locations of information resources can
minimize spill impacts on the environment as well as resulting company liabilities.
What to do:
The safety of you and your fellow employees should always come first. Contain and clean-up
spills with absorbent materials as soon as it is safe to do so. Consult Material Safety Data
Sheets (MSDSs) to determine the appropriate safety precautions when cleaning material spills
MSDS sheets accompany any hazardous materials or products. MSDSs contain emergency
contact and safety information. Spills should be prevented from entering facility drain systems,
where they may overload treatment facilities, cause costly water discharge permit violations,
and harm the environment.
The volume of the spill will determine what reporting requirement to follow:
The Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) contains a list of approximately 700 hazardous substances. Each
substance has a Reportable Quantity (RQ) value of either 1, 10, 100, 1,000 or
5,000 pounds. When a hazardous substance is released in amounts that are greater
than or equal to its RQ, the National Response Center (1-800-424-8802) must be
notified within the 24-hour periodfollowing substance release.
National Response Center notification is required under the Resource Conservation
and Recovery Act when hazardous wastes are released into the environment
Hazardous substances that are not identified on the CERCLA list can be assumed
to have an RQ of 100 pounds. If the substance is spilled onto concrete and can be
cleaned up immediately and recycled or repackaged for reuse, the spill need not be
reported.
Some spills are subject to reporting requirements of the Emergency Planning and
Community Right-to-know Act (EPCRA). Many of the chemicals under EPCRA
reporting requirements are also on the CERCLA list. EPCRA requires immediate
reporting to state and local response authorities and fire departments of covered
releases.
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SCase Example: Facilities have conducted semi-formal audits of the spill possibilities at their
facilities. Spills can be avoided by determining those locations and
situations where spill events are likely to take place and making employees
aware of them. Some facilities have posted signs at likely spill locations or
conducted training with their employees on spill' awareness and
preparedness. In addition, MSDS sheets can be centralized for easy access
in case of a spill event. A folder or binder can be used for this purpose and
should be maintained by a designated MSDS collection person
For more information:
See Chapter III: Comprehensive Environmental Response, Compensation and Liability Act
Emergency Handling of Hazardous Material in Surface Transportation, Association of
American Railroads, Bureau of Explosives (BOE), 50 F Street, NW, Washington, DC 20001,
202-639-2222. This publication has emergency handling information for hazardous materials in
case of an incident. The information includes environmental considerations.
Chemtrec is a good source of material safety data sheets in case of an emergency. Chemtrec is
an operation of the Chemical Manufacturers Association (CMA). CMA can be reached at 1300
Wilson Boulevard, Arlington, VA 22209, Telephone # 703-741-5000. The emergency phone
number for Chemtrec is 800-424-9300.
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MECHANICAL
Spills/Leaks: Oil and Petroleum Substances
Major compliance issues: Regulated waste generation, Wastewater generation,
Reporting requirements
The most common spills or leaks in the shop will be of oil or petroleum substances
While good housekeeping
practices should be
implemented to prevent oil and
other spills, if a spill occurs,
clean it up immediately.
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MECHANICAL
hazardous material environmental official for your state and local requirements. Local
environmental officials are listed in Appendix A.
SCase Example: Many facilities keep pigmat or kitty litter-style absorbent materials close to
oil drums or oil handling locations. If spills occur, they can be quickly
contained. Other facilities have installed track pans under locomotive idle
and storage areas to catch drips of oil, fuel, and coolant. An example of
these catchment pans is pictured below in Figure 3.
Figure 3: Track pan catchment system for oil and fuel drips
For more information:
See Mechanical: Oil Filter Replacement and Used Oil Disposal
See Engineering: Above Ground Storage Tanks for more information on SPCC requirements
See Chapter III: Comprehensive Environmental Response, Compensation and Liability Act
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ENGINEERING
Engineering Operations
Engineering operations include any work done to maintain fully operational railroad track and
facilities. The following engineering operations activities that are subject to environmental
regulations are discussed in this section:
Above Ground Storage Tanks
Air. Conditioner/Refrigerator Service and Disposal: CFCs (Chlorofluorocarbons)
Ballast Replacement, Storage, Disposal
. Building Renovation/Demolition: Asbestos Concerns
Construction and Facility Maintenance
Crosstie Replacement and Disposal.
Facility Power Generation/Incineration
Herbicide Use-Maintenance of Way
Landfills/Dumps
Land Issues Buying and Leasing Property
Painting/Paint Blasting
Trackside Lubricators
Transformers and Other Electrical Equipment Containing Insulating Fluids: PCBs
Underground Storage Tanks
Wastewater Treatment Systems and Oil-Water Separators
Yard Maintenance/Dust Control
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Above-Ground Storage Tanks
Major compliance issues: Clean Water Act, Stormwater runoff
Above-ground storage tanks (ASTs) are tanks on or above the ground surface. If the
underground capacity of the tank plus the capacity of any underground piping exceed 10
percent of the tank's capacity, then the entire tank and piping system is categorized as an
underground storage tank (See Figure 4 below). Above-ground storage tanks need to be
managed properly to reduce spill and leak risks. Spills and leaks of tank contents can cause
environmental damage, environmental liabilities, financial loss, and operational disruptions
What to do:
Certain states now require registration of ASTs and payment of annual fees. Certain states
have AST regulations. Stormwater regulations also apply to activities associated with above-
ground storage tanks.
V
Tanks should be included in ฆ/ Inspect above-ground storage tanks, connected
a program of regular piping, and associated pump equipment to guard
inspection and maintenance: against possible spills, leaks, or equipment failure.
All tanks should be labeled to identify tank
contents.
Adequate secondary containment is vital to
preventing spilled material from getting into water
systems. Adequate containment includes dikes
designed to contain the entire tank volume, plus 10
percent or one foot of additional freeboard of the
tanks they surround.
S Dikes and tank farm floors should be constructed of
an impermeable material such as concrete,
membrane liner, or densely packed clay to prevent
spilled liquids from leaching into the soil and
entering the groundwater.
Underground piping should be pressure tested
periodically.
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ENGINEERING
SCase Example: At one short line facility, a variety of diking systems were installed to
prevent fuel storage area stormwater runoff from reaching waterways and.
storm drains. Fuel tanks were diked to prevent stormwater runoff and
provide spill containment. Under the stormwater plans required at this
facility, collected rainwater was examined for oil contamination before
release. Any identified contamination was treated before releasing
stormwater to storm drains.
SPCC Plan Requirements
Facilities are required under* the Clean Water Act to develop Spill Prevention Control and
Countermeasure (SPCC) Plans if the facility has one above ground storage tank of at least 660
gallons capacity, two or more above-ground vessels totaling more than 1,320 gallons capacity,
or one underground storage of 42,000 gallons or more of capacity used for storage of
petroleum products or other regulated substances. Plans are specific for each facility location
and spell out in detail storage tank locations, volumes, contents of each tank, types of
secondary containment, and emergency procedures to be followed in case of spill emergency
Some key components of an SPCC are.
SPCC plan placement for ready identification and use in the event of an emergency
(See Figure 6: Properly displayed SPCC plan, page 85)
Frequent inspections of fuel storage and handling facilities
Visual inspection of tanks, hoses, pumps, and nozzles, prior to using the fueling
facility
Fueling monitoring at all times
Containment to prevent spills from entering any surface water or ground water.
Containment is either a concrete or earthen dike and must be able to hold a volume
equal to the largest single tank within the area, with allowance for snow and
rainwater
Employee training
SPCC plans are important enough to require review and certification by a Registered
Professional Engineer on a periodic basis. SPCC plans must be revised at least once every
three years and must be kept on file.
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Figure 4: Underground storage tank
Note: Only 10% of total tank volume, including piping, must be underground for
tank to receive underground classification
For more information:
See Chapter III: Clean Water Act
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Air Conditioner/Refrigerator Service and Disposal: CFCs (Chlorofluorocarbons)
Major compliance issues: Clean Air Act
Motor vehicle air conditioners, certain appliances (air conditioners, refrigerators, freezers),
industrial process refrigeration units, and certain aerosol products and pressurized dispensers
may use chlorofluorocarbons, also called CFCs (e.g., freon), and other class I and class. II
substances as refrigerants or propellants. These chemicals have been banned from
manufacturing and use in new refrigeration units due to their negative affects on the ozone
layer, the atmospheric layer that filters out the harmful solar radiation. Scientists anticipate that
ozone layer depletion will cause an overall increase in the incidence of skin cancers, eye
damage, crop damage, and potentially cause global warming. After July 1,1992, it became
unlawful for any person maintaining, servicing, repairing, or disposing of any appliance or
industrial process refrigeration unit to knowingly vent release, or dispose of any ozone
depleting substances into the environment. Check with local authorities to determine if
exceptions apply to fire suppression systems and warning horns that may be used by track
crews. The Clean Air Act calls for an end to the manufacture and use of these chemicals by the.
end of the century.
What to do:
Servicing of air conditioners and refrigeration units containing CFCs must be performed by a
trained and certified technician who uses approved refrigerant recycling equipment Do not
dispose of CFC-containing refrigeration units without properly removing the CFC
propellants beforehand. If not properly removed, CFCs such as freon are often released during
refrigerator disposal due to cooling system breakage.
For more information:
See Chapter III: Clean Air Act
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Ballast Replacement, Storage, Disposal
Major compliance issues: Regulated waste generation, Stormwater runoff
Ballast wastes are not hazardous unless they have been contaminated by hazardous substances
If stored on-site, stormwater runoff from contaminated or uncontaminated ballast can violate
stormwater runoff regulations.
What to do:
If ballast materials become contaminated by petroleum products or hazardous materials, they
may need to be stored and disposed of with the requirements for that particular contaminating
substance. It is recommended that uncontaminated ballast also be stored properly to prevent
dust releases to the air and water.
Clean Water Act regulations prohibit the discharge of any substance, including
uncontaminated ballast or ballast silt, into the waters of the U.S. without a permit.
Ballast should be stored away from drains, waterways, and flood plains.
Uncontaminated ballast may be stored on-site until reused.
For more information:
See Chapter III: The Resource Conservation and Recovery Act
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ENGINEERING
Building Renovation/Demolition: Asbestos Concerns
Major compliance issues: Asbestos Hazard Emergency Response Act (AHERA)/ CAA
National Emission Standards for Hazardous Air Pollutants (NESHAPs), Stormwater
runoff
Renovation or demolition on your property can affect the environment in two major ways
Stormwater runoff .from your construction site may contaminate local water
sources.
Asbestos fibers released during renovation can create serious worker health and
safety problems.
Asbestos issues are discussed below. Storm water compliance from construction sites is
discussed in Engineering Operations: Construction and Facility Maintenance.
Asbestos is an insulating material widely used in the past where fire retardation was required or
desirable. Applications for asbestos include, but are not limited to, floor tiles, ceiling tiles,
siding, and thermal system insulation. Asbestos fibers have been linked to serious adverse
health effects from the inhalation of airborne asbestos fibers. The presence of asbestos does not
mean that a building's occupants are in danger, however. As long as the material containing the
asbestos remains in good condition and is not disturbed, exposure to asbestos fibers is unlikely.
Whenever asbestos-containing materials (ACM) are disturbed, through repair, renovation,
demolition, or natural disturbances, asbestos fibers may be released. Government regulations
now require that asbestos be phased out of production and use.
Under the Asbestos Hazard Emergency Response Act, AHERA, existing asbestos insulation
and building materials in schools must be inventoried and managed to prevent human
exposures. Many industries and businesses are also conducting inventories and removing
asbestos where the potential for human exposure exists. The chances for human exposure to
asbestos are highest during maintenance work or,building demolition.
Many industries and businesses are also conducting inventories and removing asbestos where
the potential for human exposure exists, even where it is not required by regulation.
What to do:
Most old building construction materials of unknown content should be considered as likely to
contain asbestos. Typical asbestos-containing materials include pipe and duct insulation,
fireproofing, roofing materials, floor tile, and transite pipe and sheet goods. Many other
building materials, such as ceiling tiles, wall board, plasters, and fire doors, may also contain
asbestos.
Although considered a serious health hazard, asbestos is not a RCRA hazardous waste.
Renovations or demolition operations involving ACM are regulated by the Clean Air Act's
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National Emission Standards for Hazardous Air Pollutants (NESHAPs). Asbestos disposal
requires special handling procedures such as asbestos certified contractors for assessment and
demolition of pre-1980 buildings, as well as posting of signs at disposal facilities.
The AHERA regulations require that personnel performing asbestos-related work be
accredited by EPA-approved training programs. The rule also provides a proactive approach to
identifying asbestos and maintaining it in good condition. ACM should be removed by qualified
personnel in accordance with all applicable locat, state, and federal laws, prior to any
demolition or renovation activity. Asbestos removal professionals use OSHA-approved
personal protective equipment, proper containment devices, and required removal practices
Contact your regional environmental agency representative (see Appendix A for a list of local
contacts) before renovating or demolishing any building or structure, regardless of whether
ACM is present or only suspected Do not remove or agitate any asbestos-containing
materials, unless performed by properly accredited personnel.
Other demolition-related issues may require compliance also. Many states have a formal
notification process before demolition may begin. In Ohio, for example, at least 10 days notice
must be given before any demolition or construction activity begins. Other requirements may
include inspection by a licensed building inspector before construction or demolition may
begin
For more information:
See Chapter III: Clean Air Act
Environmental Compliance Handbook for Short Line Railroads
Chapter!]
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ENGINEERING
Construction and Facility Maintenance
Major compliance issues: Asbestos releases, Stormwater runoff, Dust creation
Construction projects can negatively impact the environment and create compliance liabilities
for your facility in three ways:
1) Dust releases may cloud the air and violate local visible air emission standards;
2) Stormwater runoff may violate Clean Water Act regulations; and
3) Asbestos releases from old building floor tiles, ceiling tiles, siding, thermal system
insulation, or other fire retardation materials may violate Clean Air Act, OSHA
standards, and create significant worker health and safety problems.
What to do:
Coordinate construction activities with your construction firm so as not to violate local air
standards and stormwater requirements. Stormwater plans are required for construction sites
greater than 5 acres in size.
For more information:
See Engineering: Building renovation/demolition: Asbestos concerns
See Chapter III Clean Air Act
41
Environmental Compliance Handbook for Short Line Railroads
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ENGINEERING
Crosstie Replacement and Disposal
Major compliance issues: Regulated waste generation, Air pollution
Creosote is used to treat and protect railroad ties. Spills of creosote liquid can be a significant
soil contamination source.
Important Notes:
~ The presence of creosote has worker health and safety repercussions for crosstie
handling.
J Crossties may not be burned without special air emission controls. If a crosstie fire
occurs, your facility may face fines for air pollution violations.
What to do:
Any property transaction involving a railroad yard should have an environmental audit
performed prior to the transaction. Because most railroad yards contain large quantities of
creosote-treated railroad ties, and previously may have used creosote or had creosote treating
plants on the property, creosote should be one of the constituents of concern in the audit
process. All testing done by the Association of American Railroads on crossties indicates that
cross ties do not meet the definition of hazardous waste. This testing included new as well as
used crossties. The preferred method of crosstie disposal is recycling, either for less severe
railroad service, landscape use, or cogeneration for energy recovery.
If possible, crossties should be reused or sold to an outside company for landscaping or
recycling. Crosstie disposal programs may chip crossties and sell them as fuel to facilities with
the air permits required to burn creosote materials. If necessary, a cooperative Class I railroad
may allow the use of its crosstie recycling program. If no recycling opportunity is available,
crossties may be disposed of in state permitted sanitary landfills.
Crossties should be handled only with appropriate protective equipment to prevent skin
contact. When practical, use tongs to lift and move creosote treated crossties. Gloves should
be worn at all times during crosstie handling.
/Case Example: One facility reused some of its crossties for landscaping railroad grounds.
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ENGINEERING
For more information:
See Chapter III: The Resource Conservation and Recovery Act
See Chapter III: Clean Air Act
A Review of Toxicity Characteristic Leaching Procedure Testing of Railroad Crossties, AAR,
50 F Street, NW, Washington, DC 20001, 202-639-2251, Publication # R-861, July 1994.
Management of Used Treated Wood Products, Treated Wood Lifecycle Management
Coalition, AAR, 50 F Street, NW, Washington, DC 20001, 202-639-2251, 1994
AAR Treated Wood Management Workshop, Notebook containing materials presented at the
workshop on crosstie management sponsored by AAR, AAR, 50 F Street, NW, Washington,
DC 20001, 202-639-2251, August 1995.
Management Practices for Used Treated Wood, Summers, K.V., @ EPRI TR-104966, Project
2879-02, June 1995. Available from' AAR, 50 F Street, NW, Washington, DC 20001, 202-
639-2251
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Environmental Compliance Handbook for Short Line Railroads
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ENGINEERING
Facility Power Generation/Incineration
Major compliance issues: Air pollution, Hazardous substance generation
The compliance responsibilities of your facility power plant or incinerator will depend on the
types of fuel used for power generation, the technologies in place to remove pollutants from
stacks, and the air quality of your region Clean Air Act (CAA) permit requirements might
apply or local regulations may limit the. amount of visible stack emissions.
What to do:
Any change in the process err equipment used may result in permitting requirements under the
CAA if new pollutants are released, or if there is an increase in process air discharges. If your
powerhouse uses steam for electricity generation, local regulations on the amount of visible
emissions from your facility may apply. Contact the state CAA permit program to determine if
compliance with local air quality regulations is necessary.
For more information:
See Chapter III: Clean Air Act
Environmental Compliance Handbook for Short Line Railroads
Chapter D
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ENGINEERING
Herbicide Use- Maintenance of Way
Major compliance issues: Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
Improperly applied pesticides or herbicides can be harmful to both the environment and the
employee. Pesticide and herbicide overuse can contaminate soil, water, and air, causing
damage to plant and animal life. Pesticides and herbicides have been found to be significant
causes of reproductive problems in many species of animals, and health problems in improperly
protected pesticide application employees.
What to do:
The requirements of the Federal Insecticide, Fungicide, and Rodenticide Act, or FEFRA,
govern the application of pesticides or herbicides. FEFRA requires the application of pesticides
and herbicides as stated on product labels. FIFRA establishes two categories of pesticides.
General use and Restricted use. General use pesticides have fewer application and certification
requirements. Restricted use pesticides require the certification of the application employee or
contractor.
Care should be taken to avoid the discharge or spray of pesticides or herbicides into water. If
accidental water releases occur, contact your local water environmental official immediately.
Local officials may be found in Appendix A. Make sure that all pesticide application
employees and contractors are properly certified for the pesticides in use at your facility.
For more information:
See Chapter III Federal Insecticide, Fungicide, and Rodenticide Act
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ENGINEERING
Landfills/Dumps
Major compliance issues: Resource Conservation and Recovery Act, Clean Water Act,
The Comprehensive Environmental Response, Compensation, and Liability Act
Although on-site land fills and dumps are discouraged, the environmental compliance
requirements that apply to your on-site dump depend on the types of wastes at the location.
The distinction between hazardous and non-hazardous wastes is important in determining the
status of your dump or landfill. Some examples of non-hazardous railroad solid wastes include
crossties, demolition/construction debris not contaminated with asbestos, discarded cardboard
boxes, food wastes, and waste papers. All state laws prohibit the open dumping of non-
hazardous solid waste materials without proper permitting. These materials must be disposed
of at sanitary landfills or other state approved special, landfills.
If hazardous materials have been disposed of in your landfill, cleanup actions may be required
under the Comprehensive Environmental Response, Compensation, and Liability Act, also
called Superfund. Your company may be held liable for cleanup of the hazardous -waste site
even if it had no knowledge of the dumping or the hazardous materials were placed there in
the past by previous property holders. Abandoned containers and drums at your dump should
be disposed of properly. Unmarked drums should be treated as if they contain hazardous
materials until they can be tested and proven otherwise.
What to do:
Conduct assessments of all dumps on your property to determine waste constituents. If only
non-hazardous materials are present in your dumps, local or state permitting is necessary If
hazardous wastes are disposed of at your facility, you must be permitted under the Resource
Conservation and Recovery Act as a Treatment, Storage, and Disposal Facility, and you may
face legal action for clean-up of any of your facility's sites contaminated with hazardous
wastes.
For more information:
See Chapter III: The Resource Conservation and Recovery Act
See Chapter III: Comprehensive Environmental Response, Compensation and Liability Act
Environmental Compliance Handbook for Short Line Railroads
Chapter!]
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ENGINEERING
Land Issues: Buying and Leasing Property
Major compliance issues:
Under environmental laws, your company is ultimately responsible for the environmental
liabilities on any land you own or lease, even if generated by lessees/licensees.
What to do:
The environmental compliance responsibilities of any prospective tenants should be examined
carefully before leasing property. Environmental assessments should be conducted of any land
under speculation for purchase. Property assessments are usually conducted by outside
contractors
For more information:
See Chapter III: Comprehensive Environmental Response, Compensation and Liability Act
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Environmental Compliance Handbook for Short Line Railroads
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ENGINEERING
Painting/Paint Blasting
See Mechanical: Painting/Metal finishing
See Mechanical: Paint stripping/Shot Blasting
Environmental Compliance Handbook for Short Line Railroads
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ENGINEERING
Trackside Lubricators
Major compliance issues: Regulated waste generation, Spill cleanup
Trackside lubricator grease discharges can contaminate the soil and track lubricator used
grease liners may be regulated wastes in your state. Trackside lubricator grease is relatively
immobile A report by the AAR, The Environmental Impact of Wayside Rail Lubrication,
indicates that rail lubricator grease does not leach, and is generally limited to the area
immediately adjacent to the lubricator. If lubricator oil is allowed to accumulate over time,
clean-up activities may be required. In addition, ballast contaminated with large quantities of
oil or petroleum residues must be treated as oil-contaminated waste. Ballast contaminated in
this wav will have to be specially stored to prevent oily stormwater discharges.
What to do:.
As a Best Management Practice, absorbent fabric could be placed around rail lubricators to
prevent ground contamination with oil. Used liners should be put into a grease bucket or other
cbntainer and kept sealed with a lid. Empty lubricant containers should be reused, recycled or
disposed of as non-hazardous solid waste.
For more information:
See Chapter III Resource Conservation and Recovery Act
The Environmental Impact of Wayside Rail Lubrication, Report # R-835, AAR, 50 F Street,
NW, Washington, DC 20001, 202-639-2251, May 1993.
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Environmental Compliance Handbook for Short Line Railroads
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ENGINEERING
Transformers and Other Electrical Equipment Containing Insulating Fluids: PCBs
Major compliance issues: Toxic Substances Control Act (TSCA)
In varying concentrations, the heat-resistant chemicals called polychlorinated biphenyls, or
PCBs, have been used in the past as an insulating fluid in electrical equipment such as
transformers, capacitors, and lighting ballast. PCBs are suspect carcinogens and are regulated
under the Toxic Substances Control Act (TSCA). PCBs are now banned from manufacture and
PCB containing equipment must be properly managed to prevent PCB releases to the
environment. The three categories of PCB-containing materials under TSCA follow
Non-PCB transformers contain PCBs in concentrations of less than 50 ppm. These
units are not regulated and have no restrictions on use, disposal, and servicing.
They can be sold at the end of their useful service lives.
PCB-contammated transformers contain PCBs in concentrations of between 50
and 499 ppm. Although these units have no restrictions on in-service use, disposal
of the coolant is regulated.
PCB transformers contain PCB concentrations of 500 ppm or greater. They are
closely regulated and some are banned outright. Exterior labeling and periodic
inspections and reporting are required for the units not banned.
For spills of PCBs containing .50 ppm or more, several release reporting and spill clean-up
requirements, other than those under TSCA, must be satisfied under several statutes. These
statutes include the Clean Water Act, and the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), also known as Superfund. Cleanup standards and
requirements exist for certain PCB spill situations: spills directly into surface waters, drinking
water, sewers, grazing lands, and vegetable gardens. These types of spills are subject to final
clean-up standards and immediate notification requirements to federal and state agencies.
What to do:
All electrical equipment manufactured before 1978 containing insulating fluids should be
assumed to contain PCBs unless tests or records indicate otherwise.
PCB or PCB-contaminated equipment cannot be sold. Known in-use PCB equipment (i.e.,
equipment containing fluid with a PCB concentration equal to or greater than 500 parts per
million) must be inspected quarterly for leaks. Records must be kept of these inspections. If
PCB waste or PCB equipment is disposed of, PCB levels must be ascertained via laboratory
analysis. Contact your local environmental agency representative for sampling and/or disposal
instructions. You may find your representative listed in Appendix A.
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ENGINEERING
PCB equipment designated for
disposal must be stored in a
designated PCB storage area in
the following manner:
PCB items must not be stored for more than 30
days.
No leaking PCB item should be stored without
being placed in a suitable non-leaking container
or over pack-drum with enough sorbent material
to soak up all fluid released.
Place 6" x 6" labels, "CAUTION contains PCBs1"
on all items and doorways.
Make sure that the roof and walls of your storage
facility prevent rain from reaching PCB items.
Use a relatively impervious floor with a 6" high
curb and no drains or other openings. Contained
volume must equal at least twice the volume of
the largest item stored or 1/4 the volume of all
items.
The storage area floor must be above the 100-
year floodplain.
If PCB items are to be shipped, they must move
under a hazardous waste manifest and hazardous
material waybill.
Any spill of one gallon or more of insulating fluid should be assumed to be a PCB spill, unless
tests or records indicate otherwise. Regulated spills should be reported to the U.S. EPA
regional office, the National Response Center, and state and local authorities. All electrical
equipment involved in spills or emergencies should similarly be assumed to be PCB equipment,
unless tests or records indicate otherwise. If regulated and involved in a spill, the following
actions must be taken:
Cleanup of PCB spills must be initiated within 24 hours and completed within 48
hours regardless of holidays or weekends.
Cleanup of all PCB spills must be conducted by personnel trained in PCB spill
remediation
There are short- and long- range recordkeeping requirements that result from a spill
of PCB-containing, or PCB-suspect, insulating fluids. A clear-cut narrative must be
developed describing: detection of the spill (e.g., time, location, date, description of
site); steps taken to mitigate environmental impact of spill; steps taken to clean up
the spill; notification activities; and, verification of the effectiveness of the cleanup.
Clean-up requirements are developed at the discretion of the regional EPA office Contact
your local environmental agency representative for more information. Local contacts may be
found in Appendix A.'
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Environmental Compliance Handbook for Short Line Railroads
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ENGINEERING
Appropriate personal protective clothing should always be worn when working with
substances that contain or come into contact with PCBs. Any protective or work clothing
(including boots, gloves, etc.) which comes into contact with PCB fluid must be disposed of as
PCB debris In the case of inadvertent skin contact with PCBs, the contact area should be
washed with soap and water. PCBs are not toxic in short term exposures
If PCB-containing transformers are involved in a fire, a report should be made to the National
Response Center at 1-800-424-8802. It is important to notify Jire-Jighting authorities when
PCB materials are involved in a fire. PCB materials can form dioxins, another suspect
carcinogen, during a fire, smoke from burning PCB items may be toxic.
For more information:
See Chapter III: Toxic Substances Control Act (TSCA)
Environmental Compliance Handbook for Short Line Railroads
Chapter n
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ENGINEERING
Underground Storage Tanks
Major compliance issues: Resource Conservation and Recovery Act, Comprehensive
Environmental Response, Compensation and Liability Act, Clean Water Act
It is important to note that EPA defines an Underground Storage Tank (UST) as any tank,
including underground piping connected to the tank, that has at least 10 percent of its total
volume buried underground (See Figure 5 below). USTs are subject to strict state and federal
requirements for registration, installation, use, monitoring, and removal. The UST
requirements do not apply to any tanks located in basements or tunnels that can be visually
inspected.
Depending on contents, leaks from USTs may be regulated by the Resource Conservation and
Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA). USTs that contain petroleum products and/or substances meeting the
definition of a hazardous waste under RCRA require specific inspection and testing
procedures, and have specific guidelines for removal. CERCLA regulates spills from tanks
containing CERCLA hazardous materials. CERCLA has no inspection or testing requirements
for tanks (or any other containers). CWA requirements apply to USTs with storage capacities
of at least 42,000 gallons. These tanks require SPCC plans.
Figure 5: Underground storage tank
Note: Only 10% of total tank volume, including piping, must be underground for
tank to receive underground classification
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ENGINEERING
What to do:
There are detailed requirements applicable to the operation of USTs, including inventory
control, spill monitoring, and overfill protection, federal and state laws mandate strict penalties
for failure to report or to respond properly to spills or leakage once detected. Penalties also
apply to violations of the requirements for the installation, monitoring, testing, registration, and
removal or closure of USTs.
Those tanks excluded from UST requirements include:
Heating oil tanks where the oil is used on the property where it is stored, and the
tank is less than the state determined limit (typically 1,000 to 2,000 gallons)
Tanks on or above the floor in underground areas like basements
Septic tanks
Tanks used as part of a flow-through wastewater or stormwater collection system
The U.S. EPA sets the guidelines for USTs, and most states enforce their own UST programs
-backed by federal law. UST regulations differ by state. A summary of UST requirements is
presented below for general information purposes. The information summarized here is based
on a cross-section of various state regulations. Consult your local environmental protection
officer (see Appendix A for local contacts) for your state's specific UST compliance
information. .
Environmental Compliance Handbook for Short Line Railroads
Chapter n
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ENGINEERING
Underground Storage Tank Requirements and Compliance Penalties
Requirement
Components
Technical Standards and
Corrective Action Requirements
for Owners and Operators of
USTs
/ Government agency officials must be notified about the
existence of USTs.
/ Specific operating, reporting, closure, cleanup, and
investigation requirements must be followed for USTs
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ENGINEERING
Other UST requirements include the following:
Periodic tank tightness tests are required for underground petroleum product
storage tanks.
Accumulated rainwater should be collected from diked areas and disposed of
properly. Contact local environmental officials to determine requirements for
stormwater in tank diked areas.
/Case Example: One facility has put a comprehensive leak detection program in place that
involves both inventory controls and tank testing. With careful inflow-
outflow accounting, the amount of material contained in a tank can be
monitored for leak-related losses. One employee has the responsibility for
conducting the simple inventory controls and maintaining proper records
Note. While inventory control is a good way to keep track of large
discrepancies of fuel, visual inspections of above ground piping, and
pressure checks of underground piping are recommended to make sure
there are no leaks in the fuel delivery system.
For more information:
See Chapter III: Clean Water Act
See Chapter III: Comprehensive Environmental Response, Compensation and Liability Act
See Chapter III: The Resource Conservation and Recovery Act
Environmental Compliance Handbook for Short Line Railroads
Chapter D
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ENGINEERING
Wastewater Treatment Systems and Oil-Water Separators
Major compliance issues: Clean Water Act
The disposal of wastewaters from your facility is governed by the Clean Water Act. Review of
Clean Water Act requirements presented in Chapter III is helpful in understanding the
information presented below.
The proper operation of your oil-water separator or other wastewater treatment facility is
important for compliance with Clean Water Act (CWA) environmental regulations Permits
(called NPDES permits) are required by the CWA for the direct discharge of your wastewaters
into the waters of the U.S. These permits require specific removal efficiencies for particular
pollutants (e.g., oil) If your facility does not discharge directly to a waterway but discharges to
a local treatment plant (publicly owned treatment works, or POTW), arrangements may have
been made for pollutant removal, also called pretreatment, before your wastewaters enter the
sewer. In both of these scenarios, permit violations and fines may result if spills or upset
conditions overload your treatment system. Other compliance issues for your wastewater
treatment involve sludges that may have special disposal requirements.
What to do:
If your facility routes its wastewaters to a local POTW, contact the POTW to discuss
pretreatment requirements if they are not already in place. A discharge permit must be obtained
if your wastewaters are discharged directly to the waters of the U.S.; it is illegal under the
CWA to discharge wastewaters directly without a permit. If a municipal treatment plant is not
available or will not accept your waste, install a treatment system and obtain a permit, or route
the wastewaters to a tank or container for proper accumulation and disposal.
Berms or dikes should be constructed around hazardous material storage areas to prevent spills
that may get into drains and overload treatment systems. Emergency shut-off valves on .system
plumbing are another good line of defense against system overload.
Keep wastewater from service bays out of stormwater drains unless they drain into oil-water
separators or other treatment systems. Industrial waste discharges to septic systems, drain
fields, dry wells, cesspools, pits, or separate storm drains may be in violation of federal, state,
or local requirements and subject to monetary penalties.
/Case Example: The operation specifications of an oil-water separator at one facility were
closely coordinated with a local sewer utility to determine the maximum
amount of waste products that could be disposed of legally to the local
sewer system.
For more information:
See Chapter III: Clean Water Act
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Environmental Compliance Handbook for Short Line Railroads
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ENGINEERING
Yard Maintenance/Dust Control
Major compliance issues: Air pollution
The control of fugitive dust and exhaust from your intermodal facilities, unpaved yards,
locomotive sanding towers, and bulk handling facilities may be required in order to comply
with local regulations on visible air pollution from your facility under the Glean Air Act (GAA)
What to do:
Actions to reduce dust emissions from your yard can include spraying dirt roads with water
during dry and windy days, capping or carefully maintaining locomotive sanding towers to
prevent sand loss, or using crusting compounds to contain open hopper cars. While use of used
oil as a dust suppressant is prohibited under the federal used oil regulations, some states may
authorize its use. While most railroads do not feel that use of used oil is an environmentally
sound practice, it may be allowed in some states. Check with your state before engaging in this
practice.
SCase Example: At one railroad facility, a CAA violation was issued due to the fugitive
dust from its coal piles. A water spraying system was installed to suppress
the dust.
..For more information:
See Chapter III: Clean Air Act
Environmental Compliance Handbook for Short Line Railroads
Chapter n
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TRANSPORTATION
Transportation Operations
The transportation operations category consists of all activities associated with the movement
of locomotives and cars over a section of track The following environmental compliance
issues associated with transportation operations are discussed in this section:
Fueling
Hazardous Material Transport: Normal Operations
Locomotive Oil and Coolant Releases
Locomotive Stack Emissions
Spills/Leakage During Transport
Fueling
Major compliance issues: Air releases, Wastewater generation, Stormwater runoff
Air pollution! and fuel spillage are the major environmental concerns associated with fueling
operations. While air emissions are a problem for volatile petroleum products such as gasoline,
the railroad industry uses very little gasoline on site. Their largest fuel product is diesel fuel,
which is less volatile. If gasoline is dispensed on site, it could contribute to local air quality
problems, and may require permitting and controls. Spilled fuel may contaminate soil,,ground
water, or other water bodies. Some supertanker fueling systems deliver fuel at approximately
four gallons per second, so a small connection malfunction can result in a large spill event.
Even small spills can be carried by rainwater into the surrounding environment, so management
of all spill events is important.
Fuel is considered a "special" waste substance. If not properly contained, spillage events may
require costly cleanups. Filling and maintenance of fuel storage areas may require air quality
permitting in some states.
What to do:
Preventing fuel-related pollution
Self-locking fueling nozzles minimize the risk of both fuel spillage and air pollution by ensuring
a secure seal between the fuel source and fuel tank. During locomotive fueling, stay alert for
fuel drippage and spillage. Catchment pans on either side of and between the rails will collect
fuel spills and prevent soil contamination. These pans can be cleaned periodically by railroad
personnel to remove fuel debris and accumulated wastes for proper disposal. In most states,
petroleum and oil wastes are not classified as hazardous wastes, but may face special disposal
requirements if not accepted at municipal landfills or disposal facilities (see Chapter III:
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TRANSPORTATION
Statutory Overview discussion of RCRA and Special Wastes). If an oil-water separator is
maintained at your facility, oily wastes should be drained to it for disposal.
Options for Preventing Fuel Spills
Spill Protection
Purpose
Daily inspection of fueling equipment/tanks
Prevent potential spills
Drip pans or sorbent pads
Catch or soak up spills
Automatic fuel nozzles
Prevent overfill
Drain to oil separator
Catch oily stormwater
Containment dikes at tanks
Contain spills and leaks
SPCC Plan
Emergency Preparedness
Tank gauges and alarms
Warn of near full status
Contact your local air pollution authority (contacts are listed in Appendix A) to determine if air
releases from fueling operations need to be regulated. Environmental compliance requirements
under the Clean Air Act depend on the air quality of your region. Unless your area is rated as
"serious non-attainment", air releases from refueling operations are probably not regulated.
Cleaning a Fuel Spill
Emergency spill response equipment should be available at fueling stations for rapid spill
cleanup. Some useful items are:
absorbent booms, pads or blankets to help contain spills and soak up pooling liquid
rubber gloves and boots
a shovel
Use absorbent blankets or materials to absorb spills as they happen. Absorbent materials
contaminated with oil or fuel waste can be stored in plastic bags. Any releases or spills of oil
into a body of water, regardless of the amount of oil or fuel involved, must be reported
immediately to the National Response Center (NRC, 24 hour Hotline: 1-800-424-8802), if a
sheen appears on the water surface. Hazardous substance spills above certain reportable
quantities to require reporting to the NRC (See 40 CFR 116 and 117 for more information on
reportable quantities). The amount triggering the reporting requirement varies from state to
state. For example, in California only spills of hazardous substance greater than 42 gallons
need be reported to the NRC, whereas Texas requires that all spills be reported to the NRC.
For more information:
See Chapter III. The Resource Conservation and Recovery Act
See Chapter III: Comprehensive Environmental Response, Compensation and Liability Act
Environmental Compliance Handbook for Short Line Railroads
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TRANSPORTATION
Hazardous Material Transport: Normal Operations
Major compliance issues: Department of Transportation Regulations, Hazardous
material spills
If hazardous materials are transported, DOT regulations exist for car inspections, car
placement, switching, and shipping papers (e.g., waybills, manifests) If hazardous materials
pass through your yard, rail containers should be inspected for:
proper labeling
valve cover placement
any signs of leakage (See Spills/Leakage During Transport)
proper car stenciling
fulfillment of other DOT requirements
What to do:
Placarding and/or labeling is required for all containers carrying hazardous materials. A variety
of railcar containers are used to transport these materials, but the most common variety are
pressurized and general service tank cars. Hazardous materials are also transported in covered
hoppers, intermodal trailers/containers, or portable tanks. Notify the shipper of the incident
and gain information on the cargo.
For more information:
See Chapter III: Comprehensive Environmental Response, Compensation and Liability Act
See Chapter III: The Resource Conservation and Recovery Act
For general information on Hazardous Material Transportation, contact the Hazardous
Materials Information Exchange, 1-800-752-6367. For information on specific regulatory
requirements call the U.S. Department of Transportation Hotline, 202-366-4488
The Emergency Handling of Hazardous Material in Surface Transportation, Association of
American Railroads, Bureau of Explosives (BOE), 50 F Street, NW, Washington, DC 20001,
202-639-2222 This publication has emergency handling information for hazardous materials in
case of an incident. The information includes environmental considerations.
Chemtrec is a good source of material safety data sheets in case of an emergency. Chemtrec is
an operation of the Chemical Manufacturers Association (CMA). CMA can be reached at 1300
Wilson Boulevard, Arlington, VA 22209, Telephone # 703-741-5000. The emergency phone
number for Chemtrec is 800-424-9300.
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TRANSPORTATION
Locomotive Oil and Coolant Releases
See Mechanical Operations: Oil Filter Replacement and Used Oil Disposal for information on
compliance with locomotive oil releases
See Mechanical Operations: Locomotive and Motor Vehicle Coolant Disposal for information
on locomotive coolant releases.
Environmental Compliance Handbook for Short L[ne Railroads
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TRANSPORTATION
Locomotive Stack Emissions
Major compliance issues: Air releases
Section 213(a)(5) of the Clean Air Act (CAA) requires EPA to regulate emissions from
locomotives EPA is expecting to propose locomotive emission regulations in the latter part of
1996 and issue final regulations in the latter part of 1997. The final regulations are expected to
impose emission limits on remanufactured and new locomotives.
Most areas around the country have general smoke limits, usually expressed as an opacity
percentage (the amount of light blocked by the emission). However, only in isolated instances
has there been an active attempt to apply state and local smoke limits to locomotives The
forthcoming . EPA locomotive emission regulations will have smoke limits insofar as
locomotives covered by the EPA regulations are concerned.
What to do:
Contact your local air quality administrator to determine (a) local visible emissions standards
and (b) if locomotives are regulated under the Clean Air Act in your area. Local environmental
representatives are listed in Appendix A. If locomotives are regulated mobile sources in your
area, there will be specific required emissions levels for your locomotives.
Be prepared to comply with EPA's locomotives emissions regulations. The regulations are
expected to have an effective date in the 2000-2001 time period.
For more information:
See Chapter III: Clean Air Act
Sections 209(e) and 213(a)(5) of the CAA.
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TRANSPORTATION
Spills/Leakaee During Transport
Major compliance issues: Hazardous material generation
Approximately 16 percent of all hazardous material releases to the environment in 1988 were
from rail transport, according to Department of Transportation (DOT) statistics In addition to
being harmful to the environment, hazardous material spills and releases are subject to a variety
of environmental regulations that can require costly cleanups or fines. Understanding where
hazardous material releases are most likely to occur is an important step in their prevention.
If a spill does occur, an understanding of the correct strategies and the correct locations of
information resources can minimize spill impacts on the environment as well as resulting
company liabilities.
Valve leakage or safety valve releases can be sources of material spills on pressurized and
general service tank cars or other hazardous material containers such as covered hoppers,
intermodal trailers/containers, or portable tanks. These leaks can manifest themselves as.
odors or vapor clouds from tanker top valves
spraying or splashing from the tanker top valves
wetness on the side of the car
dripping from the bottom outlet valve
In intermodal cars, spills/leaks can result from improper packing and resultant load shifting
during transport. Intermodal container doors and other openings can be spill/release sources.
Unloading and transfer facilities are high potential spill and release areas.
What to do:
ฆS Clean up spills and leaks immediately if possible and safe to do so.
S Consult material safety data sheets (MSDS) for product safety information.
S Contact material shipper for information on cargo and safety precautions.
S Spill and leak containment equipment should be readily available for use in a
release event especially at unloading and transfer facilities at high risk for spills and
releases.
S There are a variety of reporting requirements if a spill or leak is of sufficient
volume. Reporting requirements and spill clean-up procedures must be followed
properly or fines may result.
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TRANSPORTATION
For more information:
See Mechanical: Spills/Leaks for more information on reporting requirements and clean-up
procedures
See Chapter III Comprehensive Environmental Response, Compensation and Liability Act
For general information on Hazardous Material Transportation, contact the Hazardous
Materials Information Exchange, 1-800-752-6367. For information on specific regulatory
requirements call the U.S. Department of Transportation Hotline, 202-366-4488.
The Association of American Railroads (AAR) Transportation Technology Center (TTC)
located in Pueblo, CO conducts training courses on the transportation of hazardous materials
throughout the year For information concerning class times contact: AAR - Transportation
Technology Center, Hazmat Training, P.O. Box 11130, Pueblo, CO 81001, Telephone 719-
584-0584, Fax- 719-584-0790.
The Emergency Handling of Hazardous Material in Surface Transportation, Association of
American Railroads, Bureau of Explosives (BOE), 50 F Street, NW, Washington, DC 20001,
202-639-2222. This publication has'emergency handling information for hazardous materials in
case of an incident. The information includes environmental considerations.
Chemtrec is a good source of material safety data sheets in case of an emergency. Cucmuct is
an operation of the Chemical Manufacturers Association (CMA). CMA can be reached at 1300
Wilson Boulevard, Arlington, VA 22209, 703-741-5000. The emergency phone number for
Chemtrec is 800-424-9300.
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NOTES
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Chapter III: Guide to Federal Environmental Laws
Major Environmental Laws Applicable to the Short Line Railroad
Industry
The major federal environmental laws applicable to short lines are discussed below. They are,
in order of appearance:
The Resource Conservation and Recovery Act
The Clean Water Act
The Clean Air Act
The Toxic Substances Control Act
The Comprehensive Environmental Response, Compensation, and Liability Act
The Emergency Planning and Community Right-to-Know Act
The Federal Insecticide, Fungicide, and Rodenticide Act
Noise Control Act
Other Regulations Potentially Affecting Railroad Operations
Only those regulatory requirements that have the greatest impact on railroad operations are
presented below; the discussions of environmental statutes are not intended to be exhaustive.
The history of major environmental laws, the railroad operations they regulate, their
compliance requirements, and non-compliance penalties are presented for each environmental
statute. The Code of Federal Regulations (CFR) citation for each regulation is presented for
further research purposes. The CFR citation contains the text of the regulations discussed
here. Contact your local environmental agency or public library to determine the closest
source of CFR materials.
Please note: This handbook discusses only federal environmental laws and their related
regulations. However, many states have been given the authority to put their own
environmental programs in place if these programs are at least as strict as the federal
ones discussed below. Even where federal regulations apply, individual states may
impose additional requirements for environmental compliance. As a result, the type and
stringency of environmental requirements will differ from state to state. Since state standards
may be considerably more restrictive, the compliance requirements discussed below should be
considered as a baseline- the lowest potential level of activity required for compliance with
environmental laws. This document should not be used as an explicit guide to compliance; it is
intended to provide a background on environmental compliance issues. You can determine the
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compliance requirements particular to your state by contacting your state's environmental
officials listed in Appendix A.
Some examples of the applicability of environmental laws to short line railroad operations are
presented in the table below
Major Environmental Laws, What They Regulate, and Their Application to the
Short Line Railroad Industry
Regulation
Sample of Materials
Regulated
Applicability to the Short Line
Railroad Industry
Resource Conservation
and Recovery Act
(RCRA)
Signal Batteries
Underground Storage
Tanks
Used Oil
Paint sludges
Governs storage and disposal of
common railroad wastes
Clean Water Act (CWA)
Locomotive wash waters
Stormwater runoff from
refueling stations
Treatment and permitting requirements
for railroad wastewater discharge
Clean Air Act (CAA)
Bulk storage
Solvent cleaning stations
Yard dust
Asbestos, CFCs
Requires permits for releases of
specific compounds to the air
Toxic Substances Control
Act (TSCA)
Transformers: PCBs
\
Proper disposal and storage of
transformers
Comprehensive
Environmental Response,
Compensation, and
Liability Act (CERCLA)
Waste dumps containing
hazardous materials
Hazardous material
reporting
Non-permitted landfills
Clean-up of hazardous waste sites and
proper reporting requirements for
hazardous material incidents
Emergency Planning and
Community Right-to-
Know Act (EPCRA)
Material Safety Data
Sheets
Worker and community knowledge of
chemicals on-site
Federal Insecticide,
Fungicide, and
Rodenticide Act (FIFRA)
Pesticides and herbicide
application procedures
Track maintenance
Noise Control Act
Maximum allowable
sound levels from specific
railroad operations
Operation of certain rail equipment,
retarders, car coupling, and load cell
testing
Note: This table is for reference purposes. The sections below provide more detailed
information on the regulations concerned.
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RCRA
The Resource Conservation and Recovery Act
Acronym: RCRA (pronounced, rick-rah)
What is RCRA? A History and General Overview of the Law
The Resource Conservation And Recovery Act, or RCRA as it is more commonly known, was
passed in 1976 to regulate the management of solid wastes, hazardous wastes,.and
underground storage tanks. One major component of RCRA that affects railroad operations
directly is the "cradle to grave" management system for hazardous wastes- a tracking system
that requires labeling and manifesting to record the progress and location of hazardous waste
from time of generation to time of disposal. The original RCRA law has been amended twice
since 1976. The information presented below represents the federal law as of September, 1995,
other amendments or changes may have occurred since that time.
To see the regulations:
40 CFR 260-299 RCRA Regulations
How Does RCRA Apply to Your Railroad Operations?
RCRA regulates the proper storage, handling and disposal of railroad wastes (called solid
wastes and hazardous wastes under RCRA) and the proper management of underground
storage tanks such as petroleum tanks. Railroad facilities produce a variety of RCRA regulated
wastes in the course of normal operation and utilize underground storage tanks for product
and fuel storage.
RCRA compliance information is presented below in detail. Operations that require RCRA
compliance are discussed in Chapter II, Environmental Compliance Issues Facing Short Line
Railroads: A Listing by Railroad Operations. Please note that many RCRA requirements are
implemented by state laws which may be more stringent than the federal requirements listed
below. Always contact your state's environmental protection offices when determining which
requirements apply to your railroad.
Basic federal compliance requirements are discussed below by four general RCRA categories:
1) Hazardous Solid Waste
2) Non-Hazardous Solid Waste
3) Special Waste
4) Underground Storage Tanks
There are two types of solid wastes, hazardous and non-hazardous, each with its own disposal
requirements under RCRA. Hazardous solid wastes are discussed in the next section,
Hazardous Solid Waste. The hazardous waste compliance section below is more detailed than
the other sections in this chapter. This is due to the variety of common railroad wastes (e.g.,
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RCRA
signal batteries, spent solvents) that are considered hazardous wastes under RCRA law. It
would be repetitive to discuss the many RCRA hazardous waste compliance responsibilities for
each specific hazardous waste producing operation in Chapter II, Environmental Compliance
Issues Facing Short Line Railroads. A Listing by Railroad Operations. All of the hazardous
waste producing operations presented in that chapter refer to the section below
Hazardous Solid Waste
Hazardous Solid Waste is a solid waste, or a combination of solid wastes, which, because of
its quality, concentration, source of generation, or physical, chemical, or infections
characteristics, can cause or contribute to illness or death. Interestingly enough, "solid waste"
does not actually have, to be "solid" in the standard meaning of the term to qualify under
RCRA law. Federal regulations define "solid waste" as any gaseous, solid, or liquid material
that is abandoned, burned, disposed, spilled or handled in any other way intended to dispose of
the material
A waste is defined as hazardous if it is:
ignitable {has a flash point less than 140ฐF, is an oxidizer, or is a solid which is
- combustible through friction, adsorption of moisture, or can spontaneously
combust)
corrosive (has a pH of 2.0 or less, has a pH of 12.5 or more, or corrodes steel at a
rate greater than 0.25 inch per year)
reactive (unstable or undergoes violent changes without detonation, reacts violently
with water, forms potentially explosive mixtures with water, is a cyanide- or
sulfide-bearing waste which when exposed to pH conditions between 2.0 and 12.5
can generate toxic gases, vapors, or fumes; or is a forbidden explosive, a class A
explosive, or a class B explosive)
toxic (as defined by the toxicity characteristic leaching procedure)
specifically listed in EPA regulations by the name or process that produces the
waste
Federal Requirements for Hazardous Wastes
Three major factors determine whether and to what extent RCRA hazardous waste
requirements apply to your facility:
the types and kinds of hazardous wastes being produced at the facility,
the volume of hazardous waste produced per month at the facility, and
the length of time the hazardous waste remains on site at the facility.
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Under RCRA law, facilities producing hazardous wastes are called hazardous waste
generators Many railroad facilities qualify as hazardous waste generators under RCRA law
Under RCRA law it is your responsibility to determine whether or not a waste is hazardous
Or, as stated in RCRA terminology, the burden of proof is on the generator Some potentially
relevant hazardous wastes produced at your facility are presented in the table below Note: The
final designation of hazardous for a waste depends on state and local laws. It is important for
your facility to determine whether or not a waste is hazardous as dictated by those laws See
40 CFR 261.31-261.33 for full list of EPA hazardous wastes. Appendix B presents common
railroad wastes and their designation as hazardous or non-hazardous under environmental
laws.
Some examples of hazardous wastes produced during railroad operations include solvent
residues from parts cleaning and spent nickel cadmium batteries. Used oil is currently not listed
as a hazardous waste under RCRA regulations. However; if used oil meets one of the
hazardous waste characteristics (e.g., ignitable) or is mixed with a listed hazardous waste, it
must be stored and disposed of as a hazardous waste. Most waste oil generated by a short line
railroad (e.g., spilled diesel fuel, motor oil) is not a hazardous waste, but cutting oil, hydraulic
oil, and any oil containing solids may require hazardous waste handling.
Potential RCRA Hazardous Wastes Generated During Railroad
Operations
Absorbent materials contaminated with hazardous substances
Aerosol cans, still pressurized
* Cutting oils, hydraulic oils, and any oils containing solids
Grit blast wastes
Ignitable paint thinners
Lead-based or ignitable paint and related wastes
Lead acid batteries, non-recycled
* Nickel cadmium, nickel iron, and carbonaire batteries
Oil filters constructed with "terne" metal (a lead-tin alloy)
Solvents and solvent sludge
Once you have determined that your facility generates hazardous waste, the amount of waste
you produce is important in determining your compliance responsibilities under RCRA law.
There are three size categorizations for hazardous waste generators, each based on the total
amount of hazardous waste produced and stored at your facility: 1) conditionally exempt small
quantity generators, 2) small quantity generators, and 3) large quantity generators. For
example, used nickel cadmium, nickel iron, and carbonaire batteries are considered hazardous
wastes under RCRA. The number of signal batteries used at your facility is a simple measure of
railroad facility size designation under RCRA. The generator category definitions are presented
in a table below along with the approximate number of signal batteries required to fill the
category. Short line railroads more often qualify as small quantity generators or conditionally
exempt small quantity generators because of their small volumes of waste generation. The
compliance requirements for these three size categories are discussed in detail below and are
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referenced in the Hazardous Material Storage and Disposal section of Chapter II,
Environmental Compliance Issues Facing Short Line Railroads A Listing by Railroad
Operations.
To see the regulations:
40 CFR 261: Identification and Listing of Hazardous Wastes
Hazardous Waste Generator Categories
Waste Category
Category Criteria
Production
Storage
Conditionally
Exempt Small
Quantity
Produces less than 100
kg per month of
hazardous waste (220
lbs. or 4 signal batteries)
Accumulates less than 1,000 kg of
hazardous waste in storage
Small Quantity
Produces less than 1,000
kg per month of,
hazardous waste (2,200
to 220 lbs. or 48 to 4
signal batteries)
Accumulates less than 6,000 kg of
hazardous waste in storage
Large Quantity
Produces more than
1,000 kg per month of
hazardous waste (2,200
lbs. or 48 signal
batteries)
Accumulates more than 6,000 kg
of hazardous waste in storage
Conditionally Exempt Small Quantity Generators
Only a few hazardous waste regulations apply to firms that qualify as conditionally exempt
small quantity generators. A facility qualifies for this category if it:
Generates less than 100 kg per month of hazardous waste
Never has more than 1,000 kg of accumulated hazardous waste on site at any one
time
Conditionally exempt small quantity generators are exempt from all RCRA regulations except
for the following requirements:
They must evaluate the waste to determine whether it is hazardous
They may not accumulate more than 1,000 kg of hazardous waste at any time
They must treat or dispose of the waste on site or ensure delivery to a permitted or
interim status treatment, storage and disposal facility, a state approved municipal or
solid waste facility, or a legitimate recycling facility. This may require obtaining a
generator identification number, explained further below.
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To see the regulations:
40 CFR 261: Conditionally Exempt Small Quantity Generator Requirements
Laree and Small Quantity Generator Requirements
Those generators that do not qualify for conditionally exempt status are classified as large or
small quantity generators. Large and small quantity generators have some common compliance
requirements The common requirements of large and small quantity generators are discussed
here Compliance requirements specific to each category are discussed in the next section
Large and small quantity generators are ^ Obtain a generator identification
required to: number;
S Store and ship hazardous waste
in suitable containers or tanks;
S Manifest the waste properly;
S Maintain copies of the. manifest,
a shipping log covering all
hazardous waste shipments, and
test records;
S Comply with applicable land
disposal restriction
requirements; and
J .Report releases or threats of
releases of hazardous waste.
These compliance requirements are discussed individually below.
Generator Identification Number
If you qualify as a hazardous waste generator, you must contact your local RCRA official for a
generation identification number for use in manifesting and reporting to EPA, or, in some
cases, the state office.
Storage Requirements
\
All waste must be placed in approved storage containers, labeled "Hazardous Waste" and
marked plainly with the date waste accumulation began and detailed description of contents.
Labels and placards must be used as required by EPA and DOT regulations (See Contacts list).
Hazardous waste must be stored in a closed, non-leaking container that is inspected at least
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once weekly. The amount of time you are allowed to keep stored hazardous waste on site at
your facility is dictated by the amount of hazardous waste you generate per month- your
designation as a large or small quantity generator (See Requirements that Vary bv Small or
Large Quantity Generator Status later in this section for more information)
Do not mix hazardous and non-hazardous wastes in the same drum. Any waste mixed
with a hazardous waste must be disposed of as hazardous under current RCRA law.
Both large and small quantity generators must ensure that hazardous wastes destined for off
site shipment are kept in areas that meet the following basic safety requirements:
The storage area must be 50 feet from a property line and secured by a fence or
other barrier to prevent unauthorized entry
There must be a sign at each area entrance which reads "Danger - Unauthorized
Personnel Keep Out"
There must be curbed or diked areas to contain each category of non-compatible
fluids stored
The area must be posted "No Smoking" inside and immediately outside the fence or
barrier
To see the regulations:
40 CFR 262: Labeling Requirements
40 CFR 265: Container requirements
Manifest and Record Keeping Requirements
Three types of records must be kept by a hazardous waste generator:
A copy of each signed Uniform Hazardous Waste Manifest must be kept for three
years from the date of transportation (these manifests may be obtained from State
environmental agencies)
Copies of all reports required to be filed with the EPA must be kept for three years
from the due date of the report
Copies of all test reports used to determine the status of waste generated
(hazardous or non-hazardous) must be kept for three years from the last
transportation date for each waste stream
Note\ If your facility has an agreement with a hazardous waste ieuaimer mat specines waste
types, frequency of shipments, and states that the reclaimer provides the vehicle used to
transport the waste, no transportation-related manifesting may be required beyond a copy of
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RCRA
the agreement. See the applicable regulations below at 40 CFR 262.2 and contact your state
and local hazardous material officials to determine your specific responsibilities
To see the regulations:
40 CFR 262.20 Uniform Hazardous Waste Manifest Information
Land Disposal Restrictions
To reduce the amount of land-disposed wastes that can be safely disposed of in other ways,
RCRA establishes a set of restrictions on the land disposal of hazardous wastes. A written land
disposal restriction notification must be transmitted to the destination facility with each off-site
shipment of hazardous waste. The land disposal notification form must include the EPA
hazardous waste number, corresponding treatment standards, manifest number associated with
the shipment of waste, and waste analysis data if available. A copy of the statement must be
filed with the appropriate manifest copies.
To see the regulations:
40 CFR 268: General Land Disposal Requirements
40 CFR 268.7: Written Land Disposal Notification Requirements
Reporting Releases or Release Threats
In the case of fire, explosion, or other release of hazardous waste to the environment, the
generator must immediately contact the National Response Center at 800-424-8802 and be
prepared to supply the following information:
Generator name, address, and EPA identification number
Date, time, and type of incident
Quantity and type of hazardous waste(s) involved
Extent of injuries, if any
Estimated quantity and disposition of recovered material, if any
For large quantity generators, an assessment of the actual or potential hazards to
human health and the environment
To see the regulations:
40 CFR 262.34: Release or Threat of Release Reporting
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|rcra ~
Requirements that Vary by Small or Large Quantity Generator Status
Your facility will have a set of variable requirements under RCRA that hinge on your
designation as a large or small quantity generator These requirements include
Maximum allowable hazardous waste storage time before additional permitting is
necessary
Biennial reporting requirements
Document retention periods
Required training, preparedness, and emergency procedures
These requirements are discussed individually below.
Maximum Hazardous Waste Storage Time
No matter what your monthly waste output, if you dispose of hazardous wastes on site you
qualify as a hazardous waste Treatment, Storage, and Disposal (TSD) facility under RCRA and
must pursue additional permitting. Railroads are unlikely to fall into this category. If you don't
dispose of waste on-site, but you store waste on-site at your facility longer than certain
timeframes, then you must also obtain TSD permitting, although deadline extensions are
sometimes available.
Maximum Hazardous Waste Storage Time On-site
Generator Category
Amount Stored
Maximum time
Large quantity
More than 6,000 kg
90 days
Small quantity
Less than 6,000 kg
180 days
To see the regulations:
40 CFR 261: Hazardous Waste Storage Requirements
Biennial Reporting Requirements
Large quantity generators must submit a biennial report on 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 Transfer Storage and Disposal facility (TSD)
used throughout the year. The generator also must describe the hazardous waste generated and
shipped, efforts made to reduce the volume and toxicity of the waste, and changes made in the
volume and toxicity of the waste compared with those achieved in previous years. For
generators who treat, store, or dispose of wastes on-site, additional reporting is required on
methods of treatment, storage, or disposal.
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RCRA
To see the regulations:
40 CFR 262.41: Biennial Reporting Requirements
Document Retention Periods
Large and small quantity generators must maintain copies of each manifest, exception report,
test result, and waste analysis, for at least three years. Large quantity generators must also
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. In addition, you must keep a copy
of each land disposal restriction notification form for at least 5 years.
To see the regulations:
40 CFR 262.40: Document Retention Periods
40 CFR 268.7: Document Retention; land disposal restriction notification
Required Training, Preparedness, and Emergency Procedures
These requirements apply to those large and small quantity generators that store waste on-site.
The requirements state that, among other things, personnel must be familiar with emergency
procedures to be followed in the event of spills, fires or other releases of hazardous waste. The
specific requirements differ for large and small quantity generators, as illustrated in the
Training, Preparedness, and Emergency Procedure Requirements
Generator Category
Requirement
Large quantity
Establish an appropriate hazardous waste handling training
program for employees.
Prepare 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.
Small quantity
Ensure that employees handling hazardous waste are
thoroughly familiar with proper waste handling procedures.
Maintain a person on-call or on-premises with responsibility
for coordinating all response measures in the event of an
emergency.
To see the regulations:
40 CFR 262.34. Training, preparedness, and emergency procedure requirements
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Non-Hazardous Solid Waste
Non-Hazardous Solid Waste is defined as any garbage, refuse, or sludge from waste
treatment plants, water treatment plants, or air pollution control equipment. Remember that
"solid waste" does not actually have to be "solid" in the standard meaning of the term to
qualify under RCRA law Federal regulations define "solid waste" as any gaseous, solid, or
liquid material that is abandoned, burned, disposed, spilled or handled in any other way
intended to dispose of the material.
Some examples of non-hazardous railroad solid wastes include crossties, discarded cardboard
boxes, food wastes, waste papers, and demolition/construction debris not contaminated with
asbestos. RCRA sets up a framework for non-hazardous solid waste handling and disposal, but
design and operational requirements for solid waste disposal facilities have been delegated to
the states. All state laws prohibit the open dumping of non-hazardous solid waste materials
These materials must be disposed of at sanitary landfills or other state approved special
landfills. Railroad solid waste dumps are subject to state RCRA requirements.
Federal Requirements for Solid Waste Category
The federal government has delegated design and operational requirements for solid waste
facilities to state government. You must contact your state agency responsible for solid waste
management to get a copy of its requirements if you currently dispose of solid wastes on your
premises (See Appendix A for state contacts). If your solid wastes are currently disposed ofF-
premises, they must go to a state-approved landfill.
Special Waste
Special Waste is a term applicable to those wastes that must be handled as hazardous despite
non-hazardous designation under RCRA law. This situation may arise if municipal or local
landfills do not accept certain wastes. If these special wastes are not accepted by the disposal
facility, they must then be disposed of as hazardous. Any sludge or soil with oil contamination
may fall into the special waste category. Used oil recycling and disposal is also regulated by
RCRA, and may be considered a special waste. Local disposal regulations will determine the
status of special wastes.
Underground Storage Tanks
Underground Storage Tanks are containers, including pipes, that are or have been used to
contain regulated materials and that have at least 10% of volume below the surface of the
ground. Typically, underground storage tanks are used for fuel or oil storage at short line
railroads.
Federal Requirements for Underground Storage Tanks
The underground storage tank regulations cover the following areas:
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RCRA
Design and construction standards (All underground storage tanks built before
. December 1988 must be upgraded to comply with the current design and operating
standards. All underground storage tanks built after December 22, 1988, must
comply with the current regulations before they are used.)
Operating requirements
Release detection and cleanup requirements
Release reporting and investigation (The reportable quantity of a spill varies from
state to state. You must contact your state agency responsible for underground
storage tank management to get a copy of their requirements. Your state's
environmental officials are listed in Appendix A.)
Release cleanup
Financial responsibility and closure requirements
. See Underground Storage Tanks section in Chapter II for detailed compliance information
To see the regulations:
40 CFR 280: Underground Storage Tank Requirements
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RCRA
RCRA Enforcement Provisions and Penalties
General enforcement penalty information is presented below for the solid waste, hazardous
waste, and underground storage tank categories of RCRA regulations. Responsibility for
RCRA enforcement belongs to the Federal or State Environmental Protection agency. The
specific penalties and provisions of your state may be more stringent than the federal penalties
listed below
Solid Waste
Federal law does not establish specific penalties for civil or criminal violations of
the solid waste program. Enforcement of the solid waste program relies on state
law
Hazardous Waste
Federal law for the hazardous waste management program has civil and criminal
penalties.
Civil penalties are a maximum of $25,000 per day of non-compliance per incident
and the company's permit may be revoked. The criminal penalties apply to
individuals within a company and are a maximum of 2 years imprisonment and a
maximum penalty of $50,000 per day of non-compliance per incident.
Underground Storage Tanks
Federal law for the underground storage tank program has civil penalties of
$25,000 per day of non-compliance with a consent order.
Federal law also has a non-notification fine of $10,000 per day of non-compliance.
All underground storage tanks must be registered with the proper state agency or
U.S. EPA.
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CWA
The Clean Water Act
Acronym: CWA (name is usually spoken fully as Clean Water Act)
What is the CWA? A History and General Overview of the Law
In 1972 Congress enacted the Federal Water Pollution Control Act (FWPCA) The FWPCA
was renamed the Clean Water Act, and amended several times, most recently in 1987. The
goals of the CWA are to restore and maintain the chemical, physical, and .biological integrity of
the Nation's waters. The Clean Water Act regulates the discharge of pollutants into the surface
waters of the United States. A pollutant can be liquids, such as waste oil or solvents for parts
cleaning, or can be solids, such as ballast, garbage, chemical waste, rock sand, or many other
wastes created at a railroad facility. The information presented below represents the federal
law as it stands at the date of publication, other amendments or changes may have occurred
since that time. More importantly, only the compliance requirements for federal laws are
presented below. While the basis for the requirements is the federal law and its meanings, your
state and local governments may (and probably do) have more stringent compliance
requirements. These can take the form of stricter limits for pollutant discharges than required
by federal law, greater coverage of laws, or stiffer penalties for non-compliance. Contact your
local governmental environmental representative for up-to-date information. These
representatives are listed in Appendix A.
To see the regulations:
40 QFR 110-122, 40 CFR 400-500- Clean Water Act and Effluent Guidelines
How Does the CWA Apply to Railroad Operations?
The CWA applies to a variety of short line railroad operations. Any railroad operation that
produces a wastewater (e.g., locomotive and small parts washing) or deposits substances on
the ground that may be carried away by stormwater (e.g., fuel and oil spills and other debris),
will trigger CWA requirements. The CWA is set up to regulate these two different types of
water pollution: one from a wastewater source, often called a point source, (e.g., an outflow
pipe from a parts-washing basin) the other from a difluse source, often referred to as a non-
point source (e.g., non-drained ground where oil has dripped).
The CWA requires the following from short line railroads:
NPDES permits
Stormwater discharge permits
SPCC plans and spill reporting
Some elements of these requirements are summarized below, and are then discussed in greater
detail in this section.
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Some CWA Requirements Applicable to Short Line Railroads
NPDES permits
Stormwater discharge
permits
SPCC plans and spill
reporting
Disclosure of volume
and nature of discharge
Limitations on quantity
of certain pollutants
Monitoring and
reporting requirements
Non-point pollution
Note: facilities
discharging to POTWs
do not require NPDES
permits.
Required if stormwater
drains to a municipal
separate storm sewer
system or directly to
receiving water
Required for facilities
involved in vehicle
maintenance or
equipment cleaning
Site maps, drainage and
discharge structures, and
other information
required on applications
Triggered by oil or
petroleum product
storage in excess of 660
gallons in a single tank
or 1,320 gallons in ,
aggregate at facility
Local environmental
representatives to be
contacted in case of
discharge
Documentation of
storage vessels, types of
containment, emergency
equipment available, etc.
General Federal CWA Requirements
NPDES Permit Requirements
The National Pollutant Discharge Elimination System (NPDES) permit program requires
anyone discharging pollutants directly to U.S. waters to file and be approved for an official
permit. Those facilities that discharge wastewater to wastewater treatment facilities (commonly
referred to as Publicly Owned Treatment Works, or POTWs) do not require NPDES permits,
but do have other requirements. In addition, NPDES permits were required for stormwater
discharges in 1990. The permit requires disclosure of the volume and nature of the discharge,
imposes limitations on the quantity of certain pollutants in the discharges, and has monitoring
and reporting requirements. Most state environmental protection agencies have control over
state implementation of the CWA; in cases of state CWA implementation, state abbreviations
are often inserted for the "N" in NPDES (e.g., in Rhode Island, a RIPDES permit). If your
railroad discharges to a local wastewater treatment facility then the POTW will usually set
discharge levels for the pollutants in your wastewater.
To see the regulations:
40 CFR 122: National Pollutant Discharge Elimination System Permit Regulations
Stormwater Discharge Permits
In November 1990, the U.S. EPA published its final rules that require NPDES permits for
stormwater discharges. Stormwater permits are required for areas where material handling
equipment or activities, raw materials, intermediate products, final products, waste materials,
by-products, or industrial machinery are exposed to stormwater that drains to a municipal
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separate storm sewer system or directly to a receiving water. Stormwater permits are not
required where the runoff flows through a combined sewer to a POTW.
At the time the stormwater rules were originally published in 1990, there were three options
provided for industry to be covered under this program, 1) an individual permit, 2) a general
permit, and 3) a group permit. The group permit was the option selected by the rail industry
because it allowed sampling fewer sites being permitted. Phase I of the group application was
due September 30, 1991, and Phase II was due October 1, 1992. The permit was issued on
September 29, 1995. The permit is called the Storm Water Multi-Sector General Permit
(MSGP) for Industrial Activities It is available in 11 non-authorized states as follows
Arizona,, Florida, New Mexico, Oklahoma, Texas, and the District of Columbia. Authorized
states have their own programs, and you should check with them to see where they are in the
permitting process if you have not already done so The MSGP permits stormwater activities
associated with industrial activity from Rail Transportation Facilities as well as many other
industrial activities. The permit covers railroad facilities that perform vehicle and equipment
maintenance, and equipment cleaning.
Some of the activities at vehicle and
v'
Vehicle and equipment
equipment maintenance and equipment
maintenance
cleaning locations potentially affected
V
Equipment cleaning
include:
-------
CWA
Drainage areas of stormwater outfalls
Paved areas and buildings within each drainage area
Materials loading and access area
Each existing structural control measure to reduce pollutants.in stormwater runoff
Other requirements may be, depending on the type of permit that applies.
The estimation of impervious surfaces
Certification that all outfalls have been tested or evaluated for presence of non-
stormwater discharges
Visual inspection of stormwater discharge at the.facility (i.e., samples taken during
storm events) may be required including color, odor, turbidity, floating solids, oil -
sheen or other obvious indicators of stormwater contamination
To see the regulations:
40 CFR 122.26: Stormwater permit regulations
Preventative Measures and Reporting Requirements For Releases: Spill
Prevention Control and Countermeasure Plans and Spill Reporting
The CWA also requires specific contingency plans for petroleum products, such as oil, if they
are stored in large quantities at a particular railroad. These spill prevention control and
countermeasures plans, commonly called SPCC plans, are a preventative measure required by
law. SPCC plans document the location of storage vessels, the types of containment, the
dangers associated with a major release of material from the tanks, the types of emergency
equipment available at each site, and procedures for notifying the appropriate regulatory and
emergency agencies. No SPCC plan is considered complete until it has been reviewed and
certified by a Registered Professional Engineer.
Oil or petroleum product storage in excess of specific quantities trigger submission of a SPCC
plan-
Oil products stored above ground in excess of 1,320 gallons (regardless of number
or size of container)
Oil products in one or more above-ground, 660-gallon or larger storage tanks
Oil products stored in excess of42,000 gallons in underground storage tanks
SPCC plans must be easily accessible in case of a spill. A properly displayed SPCC plan is
presented in Figure 6 below.
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If any discharge events occur, local environmental representatives should be contacted
immediately. The CWA regulation defines the term discharge to include any spilling, leaking,
pumping, pouring, emitting, emptying, or dumping so that:
Applicable water quality standards are violated; or,
Oil causes a film or sheen upon the surface of the water, or causes discoloration of
water or adjoining shore lines. In addition, the discharge causes a sludge or
emulsion deposit beneath the surface of the water or upon adjoining shorelines.
There are two types of reportable discharges: oil releases and hazardous substance releases.
Any releases or spills of oil into water, regardless of the amount of oil involved, must be
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reported immediately to the National Response Center (NRC, 24 hour Hotline. 1-800-424-
8802), even if only a sheen appears on the water surface. Spills into ditches, sewer lines, or
other conduits to any body of surface water (pond, creek, stream, river, lake, ocean) must be
reported Hazardous material spills, on the other hand, must be above certain reportable
quantities to merit reporting to the NRC (See 40 CFR 116 and 117 for more information on
reportable quantities of hazardous substances). The amount triggering the reporting
requirement varies from state to state. For example, in California only spills of hazardous
substance greater than 42 gallons need be reported to the NRC, whereas Texas requires that all
spills be reported to the NRC.
To see the regulations:
40 CFR 112: Oil Pollution Prevention Requirements
CWA Enforcement Provisions and Penalties
An increased emphasis on penalties as an enforcement tool was a major focus
the 1987 amendments to the CWA. Congress added new authority for
administrative penalties and increased penalties for civil and criminal violations
for CWA non-compliance include:
Failure to Give Notice: $10,000 fine and/or one year imprisonment;
Penalties for Discharges: Persons who knowingly violate certain Clean Water a.ci
requirements are subject to criminal penalties of up to $50,000 and/or three years
imprisonment. Anyone "who knows at that time that he thereby placed another
person in imminent danger of death or serious bodily injury" is subject to criminal
penalties of up to $250,000 and/or 15 years imprisonment; or,
Cleanup Obligations: The owner/operator of a facility is liable to the United States
or a state for the cost of deeming up a discharge of oil or hazardous substances and
for damages resulting from injury or loss of natural resources (up to certain limits).
There is no such liability for discharges caused solely by an act of God, an act of
war, negligence on the part of the federal government, or the act or omission of a
third party.
of Congress in
assessment of
Some penalties
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CAA
The Clean Air Act
Acronym: CAA (name is usually spoken fully as Clean Air Act)
What is the Clean Air Act? A History and General Overview of the Law
The Clean Air Act was passed to "protect and enhance" the nation's air quality for the "public
health and welfare" of U.S. citizens. The act is intended to protect citizens from health effects,
damage to private property, as well as decreased agricultural crops and livestock production
from air pollution The original Clean Air Act (CAA) dates back to 1955; it is one of the
nation's oldest environmental laws. The CAA has been added to and changed a number of
times, most recently in 1990. The 1990 amendments expanded the requirements of the CAA
substantially to include measures designed to1 combat acid rain; the degradation of the ozone
layer and other problems. The CAA is now often referred to as the CAAA to reflect the 1990
amendments. For the purposes of this document, the abbreviation CAA is used to refer to
both the original legislation as well as the 1990 amendments.
The CAA is based on the National Ambient Air Quality Standards, a set of standards that
designate acceptable quantities of certain pollutants in the air of a region. If the concentration
of any of these air pollutants (ground-level ozone smog, carbon monoxide, particulates, sulfur
dioxide, and oxides of nitrogen) is above the National Ambient Air Quality Standard levels, the
area is considered "non-attainment" of required values and faces specific requirements under
the CAA Almost every major metropolitan area in the country is considered non-attainment
for the ozone standard. States must prepare and implement a plan for achieving attainment by a
specified date. The levels of these pollutants is reduced by New Source Performance Standards
(NSPS) which set emission limits on specific industrial processes (e.g., petroleum refining). Air
pollution can be caused in a variety of ways; industrial processes, boilers and incinerators, and
motor vehicles may release hazardous chemicals or dust and ash into the air.
In addition to the ambient air quality standards above, the CAA regulates the release of
chlorofluorocarbons (CFCs) and Asbestos-containing Materials (ACM) from railroad
operations. CFCs are ozone depleting chemicals: they weaken the ability of the earth's
atmosphere that to guard against the harmful radiation that causes skin cancer, eye damage,
and global warming. Absbestos is an insulating material widely used in the past for floor tiles,
ceiling tiles, siding, thermal system insulation, and other applications where fire retardation was
required or desirable. Asbestos fibers have been linked to serious adverse health effects when
airborne asbestos fibers find their way into human lungs. Releases of asbestos-containing
materials can occur during building renovation or demolition.
As is the case with other major environmental laws, the U.S. Environmental Protection Agency
has primary responsibility for the implementation of the CAA, but has delegated this authority
to state programs in many cases. State CAA requirements must be at least as stringent as the
federal requirements and are often much more so. In addition, since the CAA is based on the
National Ambient Air Quality Standards, your facility's requirements will hinge on the air
quality conditions of your area (i.e., the designation of your area as attainment or non-
attainment of NAAQS standards). The requirements discussed below are federal level only and
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are intended to provide a general picture of environmental compliance responsibilities under
this law. Your particular state may have additional requirements under its own CAA laws. In
addition, the NAAOS designation of your particular air quality region will affect your
compliance responsibilities. Contacting your local environmental agency representative is
crucial to understanding your CAA requirements. Your state's environmental officials are
listed in Appendix A.
To see the regulations:
40 CFR 50: National Primary and Secondary Ambient Air Quality Standards
40 CFR 70: Permits
40 CFR 82: Ozone Depletion
How Does the CAA Apply to Railroad Operations?
The CAA sets, up two major categories for air pollution regulation: mobile sources (e.g.,
automobiles; locomotives) and stationary sources (e.g., power boilers, solvent-based cleaning
stations). Possible air pollution sources for the railroad industry include boilers, incinerators,
forges, foundries, painting or refinishing operations, shop blasting and dust collection control
systems, degreasers, and the filling and maintaining of fuel storage tanks.
The CAA regulations on chlorofluorcarbons (CFCs) and asbestos-containing materials also
affect short line railroad operations. Equipment containing CFCs, such as refrigeration units or
air conditioning systems, are common. In addition, many old railroad facilities have asbestos-
containing materials in floor tiles, ceiling tiles, siding, or thermal system insulation.
Title II of the 1990 CAA amendments deals with "mobile sources" and seeks to phase in a new
set of limits on pollution production (also known as air "emissions") between 1994 and 1998.
If necessary, the EPA has the discretion to implement an additional round of mobile source
emission limits in 2003.
General Federal CAA Requirements
The NAAQS designation of your particular air quality region will affect your compliance
responsibilities under state and federal laws. Compliance responsibilities may change if
processes are changed or the output of air pollutants is significantly increased.
Air Toiics
The 1990 CAA greatly expands U.S. EPA's control over air toxic pollutants and their
emissions. The CAA regulates 189 hazardous air pollutants, requires the installation of control
mechanisms to reduce toxic air emissions from specific equipment, and requires that a program
to control accidental releases of toxic pollutants be established. In addition, it is unlawful for
any person maintaining, servicing, repairing, or disposing of any appliance to knowingly release
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CAA
CFCs Some air toxics potentially used at railroad facilities include solvent releases from
painting and/or paint stripping operations and CFC releases from improperly disposed cooling
equipment (such as refrigerators).
To see the regulations:
40 CFR 50 National Primary and Secondary Ambient Air Quality Standards
Mobile Sources
Because mobile sources are one of the primary contributors to air pollution, the CAA
establishes pollution standards for new vehicles, including locomotives, in addition to
regulating emissions from vehicles during various in-use operating conditions. While there are
currently no national locomotive emission standards, EPA is scheduled to issue a notice of
proposed rule making concerning locomotive emissions in J996. Some regions have
attempted to apply visible smoke standards to locomotives.
Air Quality Permitting
Large stationary sources of pollution are regulated by states, but operating permits are
required for various railroad processes that are not exclusive to large or "major" facilities.
These processes may include:
Filling and maintaining fuel storage tanks (may be regulated for gasoline, but
permitting is normally not required for diesel fuel storage due to its low volatility)
Cleaning equipment for parts such as degreasers which use solvent materials
Refinishing or painting rail cars in spray booths
Operating a boiler or incinerator at the steam power house
Shot blasting and dust collection control system.
Railroad facilities may also be required to install special equipment to abate the emissions,
report material usage, and/or conduct various compliance tests.
To see the regulations:
40 CFR 70: Permit Requirements
Asbestos-Containing Materials (ACM)
A variety of environmental regulations pertain to the removal and disposal of ACM.
Renovations or demolition operations involving ACM are regulated by the Clean Air Act's
National Emission Standards for Hazardous Air Pollutants (NESHAPs). Asbestos abatement
activities done in conjunction with demolition or renovation should be conducted only by
trained asbestos abatement personnel. Personal protective equipment must be worn,. per
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Occupational Safety and Health Administration (OSHA) requirements (For more compliance
information see Chapter II: Building Renovation/Demolition: Asbestos concerns).
CAA Enforcement Provisions and Penalties
Enforcement penalty information for civil, criminal, and field-issued penalties are described
below The enforcement penalties are, for the most part, directed at senior management
personnel or corporate officers, but a staff member who willfully and knowingly violates a
regulation that can lead to injury of others can also be convicted. Field penalties are those that
are issued by an inspector who has dropped by unannounced for an inspection.
Federal civil penalties: fines of up to $25,000 per day per violation. These penalties
also apply to violations of an air use permit, and violations for a state's attainment
plan or federal regulation.
Federal criminal penalties for negligence: fines as high as $2,000 per day per
violation and 5 years imprisonment.
Federal criminal penalties for a knowing violation: fines as high as $1,000,000 per
day per violation and 15 years imprisonment.
Field citation penalties: as high as $5,000 per violation.
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TSCA
The Toxic Substances Control Act
Acronym: TSCA (pronounced, loss-kah)
What is TSCA? A History and General Overview of the Law
Congress enacted the Toxic Substances Control Act, or TSCA, to authorize the U.S EPA to
identify and control chemical substances that are distributed in the marketplace The purpose
was to protect the consumer public against unreasonable risk to health and to the environment
Originally passed in 1976 and subsequently amended, TSCA applies to the manufacturers,
processors, importers, distributors, users, and disposers of chemical substances. The main
substances regulated include: polychlorinated biphenyls (PCBs), asbestos-containing materials
(ACMs), and chlorofluorcarbons (CFCs). CFCs and asbestos-containing materials are
discussed in the Clean Air Act (CAA) portion of this chapter, PCBs are discussed below.
PCBs were first commercially produced in 1929 for use as a fire-resistant fluid in transformers,
capacitors, and heat transfer and hydraulic equipment. The manufacture, distribution,
processing, and new uses of PCBs were banned in 1978 due to their suspected carcinogenicity.
To see the regulations:
40CFR 700-799
How Does TSCA Apply to Railroad Operations?
Short line railroad operations are most affected by TSCA because of electrical equipment, such
as transformers, containing PCBs. The regulations require proper use, inspection, labeling and
marking, recordkeeping, storage, reporting, transportation, management, and disposal of all
equipment containing PCBs (For more compliance information See Chapter II, Engineering
Operations: Transformers and Other Equipment Containing Insulating Fluids)
General Federal TSCA Requirements
The PCB regulations include a ban on the manufacture, processing, and distribution in
commerce of PCBs, as well as requirements for proper use, storage, disposal, record keeping
and marking. Regulations authorize the use of most electrical equipment containing PCBs for
the remainder of their useful lives. Three categories for transformers containing PCBs were
established in 1982:
"Non-PCB transformers" contain PCBs in concentrations less than 50 ppm'. These
units are not regulated and have no restrictions on use, disposal, and servicing.
They can be sold at the end of their useful service lives.
"PCB-contaminated transformers" contain PCBs in concentration between 50 and
499 ppm. Although these units have no restrictions on in-service use, disposal of
the insulating fluid is regulated.
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TSCA
"PCB transformers" contain 500 ppm PCB or greater. They are closely regulated
and some are banned outright. PCB transformers in use require exterior labeling,
periodic inspections, and reporting
For spills of PCBs containing 50 ppm or more, release reporting and spill clean-up
requirements, other that those under TSCA, must be satisfied under the Clean Water Act and
the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),
also known as Superfiind Cleanup standards and reporting requirements exist for certain PCB
spill situations: spills directly into surface waters, drinking water, sewers, grazing lands, and
vegetable gardens.
TSCA Enforcement Provisions and Penalties
Federal civil penalties: fines of up to $25,000 per day per violation.
Federal criminal penalties: fines of up to $25,000 per day per violation and/or
imprisonment for up to one year.,
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CERCLA
The Comprehensive Environmental Response. Compensation, and Liability Act
Acronym: CERCLA (pronounced, sir'-klah)
What is CERCLA? A History and General Overview of the Law
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),
also commonly known as "Superfund," became law in 1980 mainly in response to the public
threat posed by the Love Canal site in Niagara Falls, NY CERCLA was enacted to provide a
comprehensive response to the problem of hazardous substance release. It got the name
"Superfund" because Congress allocated several billion dollars to clean up sites that had been
abandoned or that owners were unable or unwilling to clean up. The U.S. EPA maintains an
inventory of over 29,000 sites where the presence of hazardous substances pose a potential
threat to public health or the environment.
CERCLA is broader in scope than any other environmental statute. It covers all environmental
media: both surface and ground water, soil, and air. In addition, unlike other environmental
regulations, CERCLA can apply directly to any type of industrial, commercial, or non-
commercial facility. It does not create a regulatory program, but rather provides authority and
allocates responsibility for cleanup of contaminated soil, surface water, and ground water.
To see the regulations:
40 CFR 300 CERCLA and EPCRA regulations
How Does CERCLA Apply to Railroad Operations?
CERCLA affects short line railroads in several ways. Incidents must be immediately reported
when any spill or release over the EPA Reportable Quantity (RQ):
Is discovered, even if it was caused by current tenants, prior tenants, or prior land
owners. Because a railroad company could be liable for the contamination, it is
important to make sure that all on site chemical handling be done in an
environmentally responsible manner, and that any property transaction has an
environmental property audit
Occurs on a railroad's property and an investigation and cleanup must begin
Occurs during transportation. The National Response Team (the EPA and/or the
Coast Guard) may go to the scene of the spill even if the release occurs in a rail
yard, truck terminal, out on the right-of-way, or on the highway
Occurs at a mechanical fixed facility like repair shops or engineering operations on
the right-of-way
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General Federal CERCLA Requirements
CERCLA regulates the identification, cleanup, and reporting of hazardous substance sites. The
cleanup of a site, both short term removal and long term remediation, is done by either the
EPA or the potentially responsible parties (PRPs). PRPs include a current facility or land
owner/operator, the one at the time of disposal of the substance, the person who arranged for
disposal, and the transporter.
In order to make PRPs liable, CERCLA imposes "strict, joint several and retroactive liability."
"Strict" means that a single person or organization may be held liable for cleanup, "Joint
Several" means any one PRP can be held liable for all cleanup costs even though other parties
are also responsible for the contamination; "Retroactive liability" means that a company is still
liable for cleanup even if no law prohibited the burial of a substance at the time of disposal.
CERCLA Enforcement Provisions and Penalties
Federal civil penalties: fines of up to $25,000 per day per violation for the first,
violation and a second violation can be as high as $75,000 per day.
Federal criminal penalties: fines of up to $25,000 per day per violation and/or
imprisonment for up to one year for anyone who knowingly or willingly violates
CERCLA's notification requirements. A second conviction can mean fines up to
$50,000 and/or up to five years in prison.
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EPCRA
The Emereencv Planning and Community Ri2ht-to-Know Act
Acronym: EPCRA (pronounced, ep '-crah)
What is EPCRA? A History and General Overview of the Law
The Emergency Planning and Community Right-to-Know Act (EPCRA) was passed in 1984,
and although it is also known as SARA (Superfiind Amendments and Reauthorization Act)
Title III, it is a free standing statute separate from the Superfund program. EPCRA's purpose
is to encourage and support emergency planning efforts at state and local levels and provide
communities and citizens with information about the chemicals being stored, used and
produced within their communities.
To see the regulations:
40 CFR 300: CERCLA and EPCRA regulations
How Does EPCRA Apply to Railroad Operations?
All short line railroad with fixed facilities should maintain Material Safety Data Sheets
(MSDSs) for the materials used or stored at the facility. Hardcopies should be kept at the
facility's site or be available by computer or fax within the work shift.
General Federal EPCRA Requirements
EPCRA requires companies to identify their facilities to enforcement agencies and provide
certain data about the chemicals used at those facilities in emergency situations and on a
regular basis. EPCRA does not require the reporting of spills that are confined to the
boundaries of a facility. It is, however, concerned with the following four types of reporting.
Emergency Release Notification from Fixed Facilities and Rolling Stock. Immediate
notification is required for the accidental release of any extremely hazardous
substance, any CERCLA hazardous substance, or any chemical with a MSDS.
Notification of chemicals subject to the Occupational Safety and Health Act Hazard
Communication Standard.
Annual Emergency and Hazardous Chemical Inventory Reporting. Facilities must
submit an emergency and hazardous chemical inventory to state and local
authorities.
Annual Toxic Chemical Release Reporting which identifies the amounts of routine
chemical emissions from all manufacturing facilities is required by the
manufacturing industry, but is not currently required by the transportation industry.
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EPCRA Enforcement Provisions and Penalties
Federal civil penalties: fines of up to $25,000 per day per violation for failure to
identify a facility subject to EPCRA; provide information in response to a request
from the local emergency planning committee; report accidental releases to all
appropriate authorities, provide all reporting information required, notify the
committee of any changes at the facility that affect the development of the
emergency response plan.
Federal criminal penalties: knowing and willful violation can result in fines of up to
$25,000 and/or up to two years in prison.
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FIFRA
The Federal Insecticide, Fungicide, and Rodenticide Act
Acronym: FIFRA (pronounced\ fif'-rah)
What is FIFRA? A History and General Overview of the Law
The Federal Insecticide, Fungicide, and Rodenticide Act, FEFRA, was enacted to protect the
public from ineffective or dangerous products. FIFRA regulates the safe use of herbicides,
pesticides and rodenticides by requiring manufactures to register their products as:
General use, available for use by the general public
. Restricted use, available for use only by certified applicators
To see the regulations:
40 CFR 156: FEFRA regulations
How Does FIFRA Apply to Railroad Operations?
FIFRA regulations are applicable to short line railroad operations where herbicides are used to
control weeds and brush, or when pesticides and rodenticide are used for pest control in
company buildings. FEFRA can also apply to the application of field applied creosote when
bridge timbers, or switch ties are installed.
General FIFRA Requirements
FIFRA requires registration and labeling of herbicides with instructions to ensure safe usage.
Short line railroad operations should only apply herbicides, both general and restricted use,
according to label instructions. Certification is required for use of restricted use herbicides.
Railroads often use outside contractors to apply these products. The National Railroad
Contractors Association is an organization comprised of railroad weed control contractors that
provides training for restricted use herbicide applicators. Any handling and application of
restricted or general use products by company personnel must comply with the manufacturer's
instruction. Always follow product instructions.
FIFRA Enforcement Provisions and Penalties
Federal civil penalties: commercial applicators may be fined up to $5,000 for each
offense under FIFRA. Private applicators may be fined up to $1,000 for each
offense
Federal criminal penalties: commercial applicators may be fined up to $25,000 or
up to one year in prison, or both, for knowing violations. Private applicators may
be fined up to $1,000 or 30 days in prison, or both, for knowing violations.
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Noise Control Act
Noise Control Act
How Do Noise Emission Standards Apply to Railroad Operations?
Noise Emission Standards apply to all locomotives and rail cars operated by a common carrier
by railroad, or partly by water. These standards exempt steam locomotives.
To see the regulations:
49 CFR 201: Noise Emission Standards for Transportation Equipment, Interstate
Rail Carriers
General Federal Noise Emission Standards Requirements
The noise level should be measured at a spot 30 meters form the geometric center of
locomotives and rail cars, and from any receiving property location of retarder operations and
car coupling operations:
Noise Emission Requirements Applicable to Short Line Railroads
Type of
Equipment
Operating
Condition
Date
Built
Max. Noise Level
Moving/Idling
Effective
Date
Locomotive
Operating singly or
connected to a load
cell.
Before
12/31/79
93/73 (dBA)
12/31/76
Locomotive
Operating singly or
connected to a load
cell.
After
12/31/79
87/70 (dBA)
12/31/76
Switcher
locomotive
Operating singly or
connected to a load
cell.
Before
12/31/79
87/70 (dBA)
1/15/84
Switcher
locomotive
Operating singly or
connected to a load
cell.
After
12/31/79
65 (dBA)
1/15/84
Locomotive
Operating under any
condition of grade,
load, acceleration or
deceleration.
Before
12/31/79
96 (dBA)
1/15/84
Locomotive
Operating under any
condition of grade,
load, acceleration or
deceleration.
After
12/31/79
90 (dBA)
1/15/84
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Noise Control Act
Noise Emission Requirements Applicable to Short Line Railroads
Type of
Equipment
Operating
Condition
Date
Built
Max. Noise Level
Moving/Idling
Effective
Date
Switcher
locomotive
Operating under any
condition of grade,
load, acceleration or
deceleration.
Before
12/31/79
90 (dBA)
1/15/84
Switcher
locomotive
Operating under any
condition of grade,
load, acceleration or
deceleration.
After
12/31/79
65 (dBA)
1/15/84
Rail car
Operating singly or in
combination with any
other rail cars.
All
less than 75 km/h: 88
(dBA),
greater than 75 km/h:
93 (dBA)
12/31/76
Retarder
operation
Adjusted average
sound level.
All
83 (dBA)
1/15/84
Car coupling
operation
Adjusted average
sound level.
All
92 (dBA)
1/15/84
Locomotive
load cell
Test stand adjusted
average sound level.
All
78 (dBA)
1/15/84
Locomotive
load cell
A-weighted sound
level from load cell at
any receiving property
location in a particular
facility
All
65 (dBA)
1/15/84
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Other Regulations
Other Regulations Potentially Affecting Railroad Operations
The following two laws also have environmentally-related compliance requirements for the
short line railroad industry:
The Occupational Safety and Health Act
The Occupational Safety and Health Act (OSHA) has a variety of requirements designed to
improve workplace safety. Environmentally related OSHA requirements include
Hazard communication (also called Worker Right-to-Know) laws which require
worker training in chemical awareness and hazardous chemical spill detection
Hazardous Waste Operations and Emergency Response (HAZWOPER) standards
are comprehensive regulations governing emergency response to - hazardous
material releases. HAZWOPER standards require employers to develop written
plans for hazardous material release response
Penalties for rion-compliance with OSHA regulations can include penalties of up to $7,000 for
each initial violation and $70,000 for each repeat violation.
To see the regulations:
29 CFR Part 1900-1999: OSHA Regulations
Department of Transportation Hazardous Materials Regulations
The federal regulations that apply to the transportation of hazardous materials in commerce are
generally known as the Hazardous Materials Regulations (HMR). HMR provide for
classification of materials, packaging, hazard communication, transportation and handling, and
incident reporting. Many of these requirements focus on one primary issue, the integrity of the
container holding the. hazardous substance. If a hazardous substance spill occurs during
transport, the HMR regulations are designed to determine why the container was breached and
the spill occurred.
Civil penalties for HMR non-compliance can include fines up to $10,000 per violation. Willful
criminal violations could incur a fine of not more than $25,000 or imprisonment for a term up
to five years or could incur both of these for each offense.
To see the regulations:
49 CFR 171: HMR regulations
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References
Reference List of Environmental Regulations Cited in This Chapter
Regulation
Citation
The Resource Conservation and Recovery
Act (RCRA)
40 CFR 260-299 RCRA Regulations
40 CFR 261: Identification and Listing of
Hazardous Wastes
40 CFR 261 ฆ Conditionally Exempt Small
Quantity Generator Requirements
40 CFR 262: Labeling Requirements
40 CFR 265: Container requirements
40 CFR 262.20: Uniform Hazardous
Waste Manifest Information
40 CFR 268: General Land Disposal
Requirements
40 CFR 268.7: Written Land Disposal
Notification Requirements
40 CFR 262.34: Release or Threat of
Release Reporting
40 CFR 261: Hazardous Waste Storage
Requirements
40 CFR 262.41: Biennial Reporting
Requirements
40 CFR 262.40: Document Retention
Periods
40 CFR 268.7: Document Retention; land
disposal restriction notification
40 CFR 279: Used Oil Regulations
40 CFR 262.34: Training, preparedness,
and emergency procedures 40 CFR 280:
Underground Storage Tank Requirements
The Clean Water Act (CWA)
40 CFR 110-122, 40 CFR 400-500: Clean
Water Act and Effluent Guidelines
40 CFR 122: National Pollutant Discharge
Elimination System Permit Regulations
40 CFR 122.26: Stormwater permit
regulations
40 CFR 112: Oil Pollution Prevention
Requirements
The Clean Air Act (CAA)
40 CFR 50: National Primary and
Secondary Ambient Air Quality Standards
40 CFR 70: Permits
40 CFR 82: Ozone Depletion
The Toxic Substances Control Act (TSCA)
40 CFR 700-799
101
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References
Reference List of Environmental Regulations Cited in This Chapter
Regulation
Citation
The Comprehensive Environmental
Response, Compensation, and Liability Act
(CERCLA)
40 CFR 300: CERCLA and EPCRA
Regulations
The Emergency Planning and Community
Rjght-to-Know Act (EPCRA)
40 CFR 300: CERCLA and EPCRA
Regulations
The Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA)
40 CFR 156: FEFRA Regulations
Noise Control Act
49 CFR 201. Noise Emission Standards
for Transportation Equipment, Interstate
Rail Carriers
Other Regulations Potentially Affecting
Railroad Operations
29 CFR Part 1900-1999: OSHA
Regulations
49 CFR: HMR regulations
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Glossary of Terms
Acutely Hazardous Waste: Commercial chemical products and manufacturing intermediates
having the generic names listed in 40 CFR 261.33; off-specification commercial chemical
products and manufacturing chemical intermediates which, if they met specifications, would
have the generic names listed; and any residue or contaminated soil, water, or other debris
resulting from the cleanup of a spill of any of these substances.
Aquifer: A saturated water bearing formation of permeable rock, sand, or gravel.
Ambient Standards: Standards for the quality of outdoor air
Asbestos: A naturally occurring fibrous mineral used in buildings for its heat retarding
properties that may cause serious respiratory problems if inhaled. CAA regulates removal and
disposal.
Ballast: Crushed rock or stone used to make the roadbed for railroad tracks.
Caustic: Any substance which can bum, dissolve, corrode or eat away by chemical reaction.
CERCLA Hazardous Substances: There are hundreds of chemicals identified as CERCLA
hazardous substances.
CFR: Code of Federal Regulations. A codification of the regulations published by federal
governmental agencies.
Chlorofluorocarbons (CFCs): The chemical group found in refrigerants such as freon and in
propellants for aerosol containers. These chemicals have been determined to be partially
responsible for depletion of ozone levels in the upper atmosphere.
Civil Penalties: Monetary penalties which can be imposed on companies and individuals for
violations of civil laws and regulations.
Gean Air Act (CAA): The federal law designed to improve air quality by regulating air
pollution emissions from stationary and non-stationary sources. The regulation includes
National Ambient Air Quality Standards (NAAQS) for specific pollutants.
Cleanup: Actions taken to deal with a release or threat of a hazardous substances release that
could affect people or the environment. The term "cleanup" is sometimes used interchangeably
with the terms "remedial action", "removal action", "response action", "remedy",
"remediation", or "correction action".
Cleanup Operation: An operation in which hazardous substances are removed, contained,
incinerated, neutralized, stabilized, cleared-up, or in any other manner processed or handled
with the ultimate goal of making the site safer for people or the environment.
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Clean Water Act (OVA): The purpose of this federal law is to restore and maintain the water
quality of lakes, streams, and rivers. This goal is being pursued by controlling both point
sources and non-point sources of discharge into surface water.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
The federal law established in 1980 to identify, investigate, and clean up sites that might release
hazardous substances into the environment. It also established funding for cleanup projects
(commonly called Superfund) and procedures for recovering any fund money expended
CERCLA also requires the reporting of spills and releases of hazardous substances.
Conditionally Exempt Small Quantity Generators: Hazardous waste producers who are
exempt from RCRA regulations due to. the small amounts generated and the low frequency of
production. One must produce less than 100 kilograms of hazardous waste per month to
qualify as a small quantity generator.
Container: Any portable device in which a material is stored, transported, treated, disposed of
or otherwise handled, including drums, pails, buckets, and inner liners.
Corrosive: Material with a pH of less than 2.0 or greater than 12.5. A material capable of
dissolving or wearing away steel at a rate greater than 0.25 inch per year.
Cradle-to-Grave: The Resource Conservation and Recovery Act requirement for
management and tracing of hazardous waste is documented from the source of the waste (i.e.,
generator) through its transportation, treatment, storage, and eventual acceptance by a disposal
facility. *
Criminal Penalties: Penalties imposed for a willful and/or knowing violation of a criminal law.
They include monetary fines for companies and individuals and jail time for individuals.
Department of Transportation (DOT). The federal agency that regulates the transport of
hazardous materials under the Hazardous Materials Transportation Act. These materials
include CERCLA hazardous substances and RCRA hazardous wastes.
Direct Discharges: One of five point sources regulated by the CWA (see Clean Water Act).
These discharges, including wastewater and stormwater, go directory into natural receiving
waters and are required to have NPDES (see national pollution discharge elimination system)
permits.
Discharge: The accidental or intentional spilling, leaking, pumping, pouring, emitting,
emptying, or dumping of waste into or on any land or water.
Disposal: The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid
waste or hazardous waste into any land or water so that such solid waste or hazardous waste,
or any constituent thereof enters the environment, is emitted into the air, or is discharged into
any waters, including ground waters.
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Disposal Facility A facility or part of facility at which solid or hazardous waste is intentionally
placed into or on any land or water, and at which waste will remain after closure.
Effluent: Any gaseous, solid, or liquid waste material that is released into the environment.
Emergency Response: A response effort by employees from outside the immediate release
area or by other designated responders (i.e., mutual-aid groups, local fire departments, etc.) to
an occurrence which results, or is likely to result, in an uncontrolled release of a hazardous
substance. Responses to incidental releases of hazardous substances which can be absorbed,
neutralized, or otherwise controlled at the time of release by employees in the immediate
release area, or by maintenance personnel are not considered to be emergency responses within
the scope of the OSHA HAZWOPER standard. Responses to releases of hazardous substances
involving no potential safety or health hazard (i.e., fire, explosion, or chemical exposure) are
not considered to be emergency responses.
Emergency Planning and Community Right-to-Know Act (EPCRA): The federal law
requiring corporate disclosure to local communities about the chemicals used by the company.
It also requires the notification of certain spills.
Environmental Protection Agency (EPA): The federal regulatory agency in charge of
administering and enforcing various federal environmental laws.
EPA Hazardous Waste Number: The number assigned by EPA to each hazardous waste
listed in RCRA's regulations and to each hazardous waste characteristic identified in RCRA's
regulations.
EPA ID Number: The identification number assigned by EPA to each hazardous waste
generator/transporter, and treatment, storage, or disposal facility.
EPA Region: The states and territories found in any one of ten regions, such as Region 4 -
Tennessee, Kentucky, North Carolina, South Carolina, Georgia, Florida, Alabama, and
Mississippi.
Erosion: The process of being wom away or deteriorated by wind or water.
Evacuation: A personnel or population protection strategy that provides for the orderly
movement of people away from an actual or potential hazard.
Facility: All buildings, structures, equipment, and other stationary, items that are located on a
single site or on continuous or adjacent sites and that are owned or operated by the same
person (or by any person which controls, is controlled by, or under common control with, such
person). Under certain circumstances, a facility can include rolling stock and other transport
vehicles.
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): The federal law which
regulates the use of pest and growth killing products and establishes requirements for labeling,
warnings, registration, and use of these products.
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Federal Railroad Administration: The agency within the Department of Transportation in
charge of enforcing railroad safety regulations for railroads.
Fire Hazards: Hazardous chemicals, including flammable chemicals, that are liable to cause
fire through friction, absorption, spontaneous chemical changes, retained heat, or which can be
ignited readily and burn vigorously and persistently, combustible liquids having flash points at
or above 90ฐ F but below 100 ฐF; flammable liquids with flash points below 100 ฐF; pyrophoric
chemicals that ignite spontaneously in air at temperatures of 130 ฐF or below; and oxidizers
that can promote combustion in other materials, causing fire either by themselves or through
the release of oxygen or other gases.
Freeboard: The vertical distance from the normal water surface to the top of the confining
wall
Friable Asbestos Material: Any material that contains more than one percent asbestos by
weight, and can be crumbled, pulverized, or reduced to powder by hand pressure.
Fugitive Emissions: Air emissions not normally vented through a stack, chimney, vent, or
equivalent opening; includes emissions from ponds, lagoons, landfills, and piles of stored
materials.
General Use Pesticides: Pesticides that may be applied by non-certified applicators.
Generator of Hazardous Waste: Party that produces hazardous waste. Generators are
classified by how much hazardous waste they produce in a given time period. In general, there
are three classes of waste generators: conditionally exempt generators, small quantity
generators, and large quantity generators. The generator is required to determine if a waste is
hazardous. If the waste is hazardous, the generator must apply for and obtain an EPA ED
number before it can transport it to an approved treatment, storage, and disposal facility. The
generator must also use a hazardous waste manifest to track the hazardous waste, to package
and label the hazardous waste, and to keep records of its shipments for three years.
Ground Water: Water below the land surface in a zone of saturation.
Hazard: A circumstance or condition that can do harm. Hazards are categorized into four
groups: biological, chemical, radiation, and physical.
Hazard Classes: These are descriptive terms prescribed by the Department of Transportation
to categorize the nature of DOT regulated materials. There are nine numeric classes and two
word classes as follows. Class 1 (explosives), Class 2 (gases), Class 3 (flammable liquids),
Class 4 (flammable solids & substances), Class 5 (oxidizing substances), Class 6 (poisonous &
infectious substances), Class 7 (radioactive), Class 8 (corrosive), Class 9 (miscellaneous
substances), and Combustible Liquids, ORM-D (consumer commodities).
Hazardous: Posing a substantial risk to health and safety.
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Hazardous Material: A substance designated by the Department of Transportation as posing
a potential, hazard when transported. See 49 C.F.R. Section 171.101 for a list of DOT
hazardous materials.
Hazardous Substance: Any hazardous substance designated under the CWA; any hazardous
element, compound, mixture, solution or substance designated under CERCLA; any hazardous
waste having characteristics identified or listed under RCRA; any toxic pollutant listed under
the CWA; any hazardous air pollutant listed under the CAA, and any imminently hazardous
chemical substance or mixture under TSCA.
Hazardous Waste: A solid waste material that may cause or significantly contribute to serious
illness or death or that may pose a substantial threat to human health or the environment if not
managed properly, and which includes liquids, semisolids, and compressed gases. Hazardous
wastes are subject to manifest reporting requirements. A material is considered a hazardous
waste under RCRA if it meets one of the following conditions:
It is ignitable, corrosive, reactive, or toxic
The material has been listed as a hazardous waste by regulations
It is a mixture of a listed hazardous waste and a non-hazardous waste
Hazmat: A contraction of Hazardous Materials.
Ignitible: Material that has a flash point less than 140 ฐF, is combustible through friction, is
combustible through absorption of moisture, or can spontaneously combust.
Incident: A release or potential release of a hazardous material, substance, or waste into the
environment.
Indirect Discharge: A discharge which goes to a POTW (see Publicly Owned Treatment
Works). Indirect discharges do not need a NPDES (see National Pollution Discharge
Elimination System) permit but must comply with the POTW pretreatment standards.
Indirect Point Source Discharges: Discharges by industries of pollutants indirectly into U.S.
waters through publicly owned treatment works (POTWs).
Influent: Wastewater or other raw or partially treated liquid flowing into a basin, treatment
process, or treatment plant.
Land Disposal: Includes, but is not limited to, placement of soil in a landfill surface
impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed
formation, underground mine or cave, or concrete vault or bunker intended for disposal
purposes. Land disposal facilities are a subset of Treatment, Storage, and Disposal (TSD)
facilities. Groundwater monitoring is required at all land disposal facilities. Waste material can
only be disposed of at a permitted facility.
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Landfill: A disposal facility or part of a facility where hazardous waste is placed in or on land
and which is not a land treatment facility, a.surface impoundment, or an injection well.
Large Quantity Generators: .One of three classes of hazardous waste generators under
RCRA producing 1,000 kilograms or more of hazardous waste in one calendar month at a
given location
Listed Waste. Wastes listed as hazardous under 40 C.F R. Part 261. A waste is listed as a
hazardous waste based on the process from which the waste was generated and/or the
constituents found in the waste.
Local Emergency Planning Committee (LEPC): A local community group, including police
and fire departments, which must be notified in the event of an accidental release at or above
the threshold reportable amount of an extremely hazardous substances, a CERCLA substance,
or a hazardous material subject to the OSHA Hazard Communication Standard.
Major Stationary Source: Any stationary source that emits or has the potential to emit 100
tons per year or more of any air pollutant.
Manifest: The "cradle-to-grave" paperwork recording a hazardous waste's movement from its
generation through final storage or disposal. It must be signed by all parties except intermediate
rail carriers.
Material Safety Data Sheets (MSDS): Information sheets which provide workers with details
on the health and physical hazards of chemicals to which they may be exposed in the
workplace.
Milligrams per Kilogram (mg/kg): Weight of a substance, measured in milligrams, contained
in a weight of the total material, measured in kilograms. A concentration used to measure solid
materials such as contamination in soil.
Milligrams per Liter (mg/I): Weight of a substance, measured in milligrams, contained in a
volume of solution measured in liters. A concentration used for liquid substances.
Monitoring: The process of measuring certain environmental parameters on a real-time basis
for spatial and time variations. For example, air monitoring may be conducted with direct
reading instruments to indicate relative changes in air contaminant concentrations at various
times.
National Ambient Air Quality Standards (NAAQS): Standards established by the Clean Air
Act for air quality of an area in terms of allowable levels of specific pollutants.
National Emission Standards for Hazardous Air Pollutants (NESHAP): The EPA
regulations which govern specific processes which could possibly emit certain hazardous
pollutants such as asbestos into the air. A component of the Clean Air Act.
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National Pollution Discharge Elimination System (NPDES): A permitting system under the
CWA, established for regulating direct discharges of wastewater from industries and
municipalities into surface waters of the United States.
National Priority List (NPL) The prioritized list required by CERCLA of abandoned or
uncontrolled hazardous waste sites
National Response Center The federal agency which must be notified immediately of
releases of hazardous substances in excess of their reportable quantities and hazardous
materials (under certain circumstances).
New Source Performance'Standards (NSPS): Standards established by the EPA under the
CAA for new, modified, or reconstructed operations which emit air pollutants.
New Underground Storage Tanks (New USTs): Tanks installed after December 22, 1988,
which are used to contain regulated hazardous substances or oil.
Nonattainment: The status of an area that is determined to exceed any national ambient air
quality standard for a particular pollutant.
Oil: Oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil
refuse, and oil mixed with wastes.
On-site The same or geographically contiguous property which may be divided by public or
private right-of-way, provided the entrance and exit between the properties is at a crossroads
intersection and access is by crossing, as opposed to going along, the right-of-way. However,
non-contiguous properties owned by the same person but connected by a right-of-way which
he or she controls and to which the public does not have access are also considered on-site
properties. .
Operator: The person responsible for the overall operation of a facility.
Occupational Safety and Health Administration (OSHA): A federal agency which protects
worker health and safety under the Occupational Safety and Health Act and plays an important
role in environmental issues such as chemical exposure in the workplace. OSHA shares
jurisdiction over railroad workplace health and safety with the DOT.
Outfall: The mouth of a drain or sewer which flows directly into surface water.
Owner: The person who owns a facility or part of a facility.
Parts per Million (ppm): A standard or measurement for concentrations of pollutants. A
volume/volume ratio usually used for airborne concentrations of gases or vapors, for
concentrations of chemicals in water or concentrations of chemicals in soil.
Permit: A written document issued by the government that establishes standards for the
pollution limits of water or air or for the handling of hazardous waste.
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Pesticide: Any substance or mixture or substances intended to prevent, destroy, or repel pests
pB A measure of alkalinity or acidity on a scale whose values range from 0 to 14 with 7
representing neutral. Numbers less than 7 correspond to increasing acidity. Numbers greater
than 7 correspond to increasing alkalinity.
Point Source Discharges: Any point from which pollutants may be discharged into water,
including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feed operation, or vessel or other floating craft,
from which pollutants are or may be discharged into waters.
Pollutant or Contaminant: Any element, substance, compound, or mixture which after
release into the environment and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingesting through food chains,
will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer,
genetic mutation, physiological malfunctions, or physical deformation in such organisms or
their offspring. It presents an imminent and substantial danger to public health or welfare.
Pollution Prevention: Any source reduction or recycling activity that results in the reduction
of total volume of hazardous waste, reduction of toxicity of hazardous waste, or both, as long
as the reduction is consistent with the goal of minimizing present and future risks to public
health and the environment. Transfer of hazardous constituents from one environmental
medium to another does not constitute waste minimization (See waste minimization).
Polychlorinated biphenyls (PCBs): A hazardous chemical once widely used in electrical
transformer oil and now subject to a manufacturing ban and use restrictions.
Potentially Responsible Party: See PRP.
Preliminary Assessment/Site Investigation (PA/SI): The first phase of a site investigation
for possible chemical contamination. It consists of a record search, investigation of prior site
uses, on-site inspection, and possible site sampling to determine if a potential threat exists.
PRP: Potentially Responsible Party under CERCLA who is subject to paying cleanup costs.
PRPs include both individuals and organizations who:
Generate hazardous substances.
Transport hazardous substances and select the disposal site.
Arrange for the transportation and disposal of hazardous substances.
Own/operate treatment, storage, or disposal facilities or property at the time of
disposal.
Currently own/operate property that is contaminated.
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Publicly Owned Treatment Works (POTW): Municipal sewage treatment plant.
Regulated Material: A substance or material that is subject to regulations set forth by the
EPA, Department of Transportation, or any other federal and/or state agency.
Releases: Defined by federal and most state laws as any spilling, leaking, pouring, dumping,
emitting, discharging, injecting, escaping, leaching, or disposing of hazardous wastes or
hazardous substances into the environment. This includes the abandonment of barrels,
containers, and other closed receptacles containing any hazardous substance or pollutant. The
term "release" does not include releases which result in exposure to persons solely within a
workplace, with respect to a claim which such persons may assert against the employer of such
persons
Reportable Quantity (RQ): The minimum quantity of a CERCLA hazardous substance or
EPCRA extremely hazardous substance which is reportable. A release equal to or greater than
the RQ within a 24-hour period must be reported to the appropriate authorities.
Resource Conservation and Recovery Act (RCRA): The federal act which regulates the
management of hazardous waste from the point of generation through transport, storage, and
disposal. It also regulates underground storage tanks.
Risk: The probability that a hazard will result in an. unwanted event.
SARA Title HI: That part of SARA, now known as EPCRA (Emergency Planning and
Community Right-to-Know Act) which regulates emergency response plans, community right-
to-know issues, and chemical release reporting.
Safe Drinking Water Act (SDWA): The federal act which deals with the quality of treated
drinking water. Regulations developed by EPA under authority of this act include drinking
water standards.
Sedimentation: The act or process of depositing sediment.
Site Inspection: The collection of information from a Superfiand site to determine the extent
and severity of hazards posed by the site. It follows and is more extensive than a preliminary
assessment.
Sludge: A solid, semi-solid, or liquid material produced by the process of settling or sinking
caused by gravity. Sludges are generally waste products and are commonly generated by
municipal and industrial water treatment processes and air pollution control processes. Sludges
also occur in process tanks where liquids are stored. Sludges must be tested to determine if
they are hazardous wastes.
Small Quantity Generators (SQGs): One of the three classes of hazardous waste generators
under RCRA. SQGs produce between 100 and 1,000 kilograms of hazardous waste or less
than 1 kilogram of acutely hazardous waste per calendar month at a given location.
Ill
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Soil and Groundwater Analysis: Tests used to determine the presence of substance
contamination and concentration levels. The analysis may involve soil borings and the
installation of test pits and/or monitoring, wells.
Solid Waste: Any garbage, refuse, sludge, or other waste materials not excluded by definition.
Exclusions include domestic sewage and any mixture of other wastes that pass through a sewer
system to a publicly owned treatment works (POTW); industrial wastewater discharges that
are point source discharges subject to regulation under the Clean Water Act; irrigation return
flows; nuclear materials defined by the Atomic Energy Act; and "in situ" or "in position"
mining materials. Note that wastewaters being collected, stored, or treated before discharge
and sludges generated by wastewater treatment are not excluded. EPA defines hazardous
waste as a subset of solid waste.
Solvent: Any substance that can dissolve another substance. The term is most often used to
mean petroleum-based solvents, capable of dissolving greases, oils, tars, and asphalts. Many
petroleum-based solvents are volatile, flammable, may be hazardous, and may be regulated as
an air pollutant. Used solvents on disposal (even if recycled) must be manifested as a hazardous
waste
Source Standards: Standards for emission levels at the source or point of emission.
Special Waste: A type of solid waste which is not hazardous but requires more care than a
regular solid waste and may require special disposal procedures. Examples include: certain
sludges, asbestos containing waste materials, and oil waste.
Spill Prevention, Control, and Countermeasure Plan (SPCQ: The plan required by the
CWA for any facility located in proximity of navigable waters and which stores oil products in
containers of any size above ground in excess of 1,320 gallons, in one above-ground tank of
660 gallons or more, or in excess of 42,000 gallons in underground tanks. Effective March 7,
1993, SPCC requirements also apply to storage of used oil.
State Emergency Response Commission (SERQ: The state agency which must be notified
in the event of an accidental release of an extremely hazardous substance, a CERCLA
hazardous substance, or a chemical with an MSDS above the chemical's threshold planning
quantity (TPQ) or its reportable quantity (RQ).
Stationary Source: Any building, structure, facility, or installation that emits or may emit any
air pollutant.
Storage. The holding of hazardous waste for a temporary period, at the end of which the
hazardous waste is treated, disposed of, or stored elsewhere. Facilities are required to have a
RCRA permit for storage of hazardous waste for more than 90 days; storage for less than 90
days does not require a RCRA permit. Treatment or disposal facilities must be permitted.
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Superfund Amendments and Reauthorization Act (SARA): The amendments to CERCLA
which increased available funds for site cleanups, added cleanup standards, and required
hazardous waste operations training for site workers and emergency response personnel.
Superfund: The common name for CERCLA. It also refers to the fund that is to be used for
cleaning up hazardous substance sites.
Toxic Substances Control Act (TSCA) The federal law designed to evaluate the human
health and environmental effects of all chemical substances entering the U.S. market, to
establish an inventory of existing chemicals, and to regulate the use and disposal of EPA-listed
toxic substances.
Toxicity Characteristic Leaching Procedure (TCLP): A physical/chemical analytical
procedure used to determine if a substance is classified as a hazardous waste. If the test results
of a solid waste exceed any of the limits prescribed for 39 specific contaminants, the waste is
deemed to be a hazardous waste. (The other three tests are corrosiveness, ignitibility, and
reactivity.)
Transporter: Party that moves or transports hazardous waste. Transporters of hazardous
waste must properly manifest and record movement as part of "cradle-to-grave" tracking
required by RCRA. In addition, transporters must follow Department of Transportation (DOT)
Hazardous Materials regulations and must immediately notify the appropriate officials if a
release or incident occurs. Transporters are responsible for undertaking emergency response to
any accident that occurs during transportation.
Transporter of Hazardous Waste: Any person or company that moves hazardous waste by
truck, rail, boat, or plane and has received an EPA hazardous waste transporter ID number.
Some states also require transporter permits. On-site movement of hazardous waste does not
apply.
Treatment: Any method, technique, or process, including neutralization, designed to change
the physical, chemical, or biological character or composition of any hazardous waste to
neutralize such waste, to recover energy or material resources from the waste, or to render
such waste non-hazardous, safer to transport, store or dispose oฃ or amenable to recovery,
storage, or reduction in volume.
Treatment, Storage, Disposal Facilities (TSDs): Usually refers to off-site facilities where
untreated hazardous waste can be taken for treatment, storage, and/or disposal. Subject to
RCRA requirements, TSD facilities complete the "cradle-to-grave" cycle by continuing
recordkeeping requirements. There are many complex rules for facility operations and training
of employees.
Underground Storage Tank (UST): Regulated by the federal government under the SARA
amendments and by individual states under state programs. A UST is a tank, including any
underground pipes, which contains or used to contain regulated hazardous substances or
petroleum products and has at least 10% of its volume beneath the surface of the ground.
113
Environmental Compliance Handbook for Short Line Railroads
Glossary
-------
Used Oil: Any oil that has been refined from crude oil or any synthetic oil that has been used
and as a result of that use is contaminated by physical or chemical impurities. Used oil
containing more than 1,000 ppm total halogens is presumed to be a hazardous waste and must
be managed under the EPA's used oil regulations
Waste Minimization. Generators and TSD facilities operating under RCRA permits are
required to certify annually that they have waste minimization plans in place and that the plans
are being implemented at their facilities.
Waste Pile: Any non-containerized accumulation of solid, non-flowing hazardous waste that is
used for treatment or storage.
Waters of the United States: (1) Navigable waters; waters subject to tidal action shoreward
to the mean high water mark and currently used or may be used to transport goods moving in
interstate or foreign commerce, including oceans, coastal and inland waters, lakes, rivers, and
streams that are navigable; (2) Tributaries of navigable waters; (3) Wetlands, including those
adjacent to waters of the United States as defined above; and (4) Surface waters.
Environmental Compliance Handbook for Short Line Railroads
Glossary
114
-------
Appendix A: Telephone Contacts
The following five tables contain telephone contacts to help you determine your specific
environmental compliance responsibilities. The first table: State Environmental Agency
Contacts, contains the names, addresses, and telephone numbers of contacts in the water
and air offices of your state's environmental agency. The second and third tables contain
the names and phone numbers of EPA Regional office contacts (wondering what's the
difference? See section below) The second table, EPA Regions and Regional Office
Headquarters, contains the phone numbers and addresses of Regional headquarters The
regional headquarters general phone numbers can refer you to regional contacts for general
environmental compliance information. The third table, EPA Regional Contacts, contains
specific contacts at the regional level for specific compliance information. The fourth table
contains federal Environmental Protection Agency Hotlines. These Hotline numbers are
staffed by experts in federal environmental laws. These federal experts may not be able to
help you understand the specifics of your state or local environmental requirements, but
will be able to answer your general questions. The fifth table presents Federal Railroad
Administration Regional Offices and associated contact information. These FRA
contacts can be used for information on DOT railroad regulations not covered in this
handbook as well as for railroad-related worker health and safety issues.
In all cases, these numbers should be considered a starting point for your discussions with
state and local officials. If the environmental agency representatives at the other end of the
line cannot help with your specific question, they should be able to refer you to someone
who can. Once you have identified a person(s) who can help you with your environmental
compliance questions, enter their name and number in the blank telephone list section at the
end of this appendix for future reference.
WHAT'S THE DIFFERENCE BETWEEN A STATE AND REGIONAL AGENCY
CONTACT?
The federal EPA while headquartered in Washington DC, has ten regional offices across
the U.S. These regional offices oversee state programs that are not run by state or local
environmental agencies, conduct inspections, and cooperate with federal, state and local
agencies, as well as with industry, academic, institutions, and other private groups, to
ensure that regional needs are.addressed and that federal environmental laws are upheld.
EPA regional offices should be called for general information on environmental compliance
and for potential leads on state and local contacts in your area.
Your state also has its own environmental, protection agency. Your state-leVel agency may
have responsibility for implementing and enforcing environmental regulations under many
federal laws. For example, authorized state agencies may be responsible for issuing permits
under the Clean Water Act or Clean Air Act and may conduct enforcement actions. In
many cases, your state's environmental laws will have stricter requirements than the federal
115
Environmental Compliance Handbook for Short LrNE Railroads
Appendix A
-------
laws discussed in this handbook. Call your state and local environmental representatives for
information on the specific requirements of your state's environmental laws
Contact your state's environmental agency to determine your specific environmental
compliance requirements. The phone numbers below are starting points for your
discussions with these state agencies. The first person you speak with will probably not be
able to answer your question. When you eventually are connected to someone with
relevant information, enter "their name and phone number into the contact list at the end of
this section for future reference.
Environmental Compliance Handbook tor Short Line Railroads
Appendix A
116
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State Environmental Agency Contacts
State
Water
Air
Alabama
Charles Horn. Chief
Water Division
Dept. of Environmental Management
1751 Congressman Dickenson Drive
Montgomery. AL 36130
334-271-7823
Fax: 334-670-5612
Richard E. Grusmck. Chief
Air Division
Dept. of Environmental Management
1751 Cong. W.L. Dickinson Drive
Montgomery, AL 36130
334-271-7861
Fax: 334-270-5612
Alaska
Keith Kelton, Director
Division of Facility Construction and
Operation
410 Willougby Avenue
Juneau, AK 99801
907-465-5180
Fax: 907-465-5177
Leonard D. Verrelli. Chief
Air Quality Management Section
Dept. of Environmental Conservation
410 Willoughby Avenue, Suite 105
Juneau, AK 99801-1795
907-465-5100
Fax: 907-465-5129
Arizona
Kim Maceachern. Director
Water Quality Division
Dept. of Environmental Quality
3033 N. Central, 3rd Floor
Phoenix, AZ 85012
602-207-2306
Fax: 602-207-4528
Nancy Wrona, Director
Air Quality Division
Department of Environmental Quality
3003 North Central Avenue, 5th Floor
Phoenix, AX 85012
602-207-2308
Fax: 602-207-2366
Arkansas
Chuck Bennett, Chief
Water Division
Dept. of Pollution Control and Ecology
8001 National Drive
P.O. Box 8913
Little Rock, AR 72219-8913
501-570-2114
Fax: 501-562-4632
James B. Jones, Chief
Air Division
Dept. of Pollution Control and Ecology
8001 National Drive
P.O. Box 8913
Little Rock. AR 72219-8913
501-562-7444
Fax: 501-562-4632
California
Mary Jane Forester, Board Member
State Water Resources Control Board
P.O. Box 100
Sacramento, CA 95812-0100
916-657-1627
Fax: 916-657-0932
James D. Boyd, Executive Officer
Air Resources Board
P.O. Box 2815
Sacramento, CA 95812
916-445-4383
Fax: 916-322-6003
Colorado
David Holm, Director
Water Quality Control Division
Department of Health
WGCD-DO-B2,
4300 Cherry Creek Drive South
Denver, CO 80222-1530
303-692-3508
Fax: 303-782-0390
Tom Getz, Division Director
Air Pollution Control Division B-l
Department of Health
4300 Cherry Creek Drive South
Denver, CO 80222-1530
303-692-3100
Fax: 303-782-5943
117
Environmental Compliance Handbook for Short Line Railroads
Appendix A
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State Environmental Agency Contacts
State
Water
Air
Connecticut
Robert Moore, Deputy Commissioner
Dept. of Environmental Protection
79 Elm Street
Hartford, CT 06106-5127
203-424-3002
Fax: 203-566-7932
Carmine DiBattista
Bureau of Air Management
Dept. of Environmental Protection
79 Elm Street
Hartford, CT 06106 .
203-424-3026
Fax: 203-566-6144
Delaware
Robert J. Zimmerman, Administrator
Division of Water Resources
89 Kings Highway
P.O. Box 1401
Dover, DE 19903
302-739-5726
Fax: 302-739-3491
Carryl Tyler, Administrator
Air Quality Management Section
Division of Air and Waste Management
Dept. of Natural Resources and
Environmental Control
89 Kings Highway
P.O. Box 1401
Dover, DE 19903
302-739-4791
Fax: 302-739-3106
District of
Columbia
James R Collier, Program Manager
Water Resources Management Division
Dept. of Consumer and Regulatory Affairs
2100 Martin Luther King, Jr. Ave., SE
Suite 203
Washington, DC 20020
202-645-6601 ext. 3040
Fax: 202-645-6622
Ferial Bishop, Acting Program Manager
Air Resources Management Division
Environmental Regulation Administration
Dept. of Consumer and Regulatory Affairs
2100 Martin Luther King Ave.. SE
Washington, DC 20020
202-645-6093
Fax: 202^645-6102
Florida
Don Berryhill, Bureau Chief
Bureau of Water Facility Funding
Dept. of Environmental Protection
2600 Blair Stone Road
Tallahassee. FL 32399-2400
904-488-8163
Fax: 904-921-2769
berryhill.bar D@dep.state.fl.us
Howard Rhodes, Division Director
Air Resources Management
Department of Environmental Protection
2600 Blair Stone Road
Mail Station 5500
Tallahassee, FL 32399-2400
904-488-0114
Fax: 904-922-6979
Georgia
Alan Hallum, Branch Chief
Environmental Protection Division
GA Dept. of Natural Resources
Floyd Tower East, Suite 1058
205 Butler Street, SE
Atlanta, GA 30334
404-656-4708
Fax: 404-657-7379
Ronald Methier, Chief
Air Protection Branch
Environmental Protection Division
Department of Natural Resources
4244 International Parkway
Suite 120
Atlanta, GA 30354
404-363-7000
Fax: 404-363-7100
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Appendix A
118
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State Environmental Agency Contacts
State
Water
Air
Hawaii
Thomas E. Anzumi. Chief
Environmental Management Division
919 Ala Moana Boulevard
Room 300
Honolulu. HI 96814-4912
808-586-4304
Fax- 808-586-4352
Wilfred Nagamine, Chief
Clean Air Branch
Department of Health
P.O. Box 3378
Honolulu, HI 96801
808-586-4200
Fax: 808-586-3983
Idaho
Dr. Walton Poole. Assistant Administrator
Community Programs
Division of Environmental Quality
1410 N. Hilton - State House Mall
Boise, ED 83720
208-334-0537
Fax: 208-334-0576
Orville Green. Assistant Administrator
Permits and Enforcement
Division of Environmental Quality
1410 N. Hilton, 3rd Floor
Boise. ID 83706
208-334-5898
Fax: 208-334-0417
Illinois
Jim Park, Chief
Bureau of Water
Environmental Protection Agency
P.O. Box 19276
Springfield. IL 62794-9276
217-782-1654
Fax: 217-785-1225
Bharat Mathur, Chief
Bureau of Air
Environmental Protection Agency
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794-9276
217-785-4140
Fax: 217-782-2465
Indiana
Tim Method, Assistant Commissioner
Office of Water Management
IN Dept. of Environmental Management
100 North Senate
P.O Box 6015
Indianapolis, IN 46206-6015
317-232-8164
Fax: 317-232-6647
Timothy J. Method, Assist. Commissioner
Office of Air Management
Department of Environmental Management
105 South Meridian Street
P.O. Box 6015
100 North Senate
Indianapolis, IN 46206-6015
317-232-8384
Fax:317-232-5539
Iowa
Allan Stokes, Division Administrator
Environmental Protection Division
Wallace State Office Building,
900 E. Grand Avenue
Des Moines, IA 50319
515-281-6284
Fax:515-281-8895
Pete Hamlin, Chief
Air Quality Bureau
Department of Natural Resources
Henry Wallace Building
900 East Grand
Des Moines. LA 50319
515-281-8852
Fax: 515-281-8895
Kansas
Karl W. Mueldener, Director
Bureau of Water
Dept. of Health and Environment
Building #283, Forbes Field
Topeka, KS 66620
913-296-5500
Fax: 913-296-5509
John C. Irwin, Director
Bureau of Air and Radiation
Dept. of Health and Environment
Forbes Field, Building 740
Topeka, KS 66620
913-296-1593
Fax: 913-296-1592
19
Environmental Compliance Handbook for Short Line Railroads
Appendlx A
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State Environmental Agency Contacts
State
Water
Air
Kentucky
Jack A. Wilson. Director
Division of Water
Frankfort Office Park
14 Reilly Road
Frankfort. KY 40601
502-564-3410
Fax: 502-564-4245
John E. Homback, Division Director
Division for Air Quality
803 Schenkel Lane
Frankfort, KY 40601
502-573-3382
Fax: 502-573-3787
Louisiana
Dale Givens, Assistant Secretary
Office of Water Resources
Dept. of Environmental Quality. 3rd Floor
P.O. Box 82215
Baton Rouge, LA 70884-2215
504-765-0491
Fax: 504-765-2725
Dale Gf3)DEQ.State.LA.US
Gustave Von Bodungen, Assist. Secretary
Office of Air Quality and Radiauon
Protection
Department of Environmental Quality
P.O. Box 82135
Baton Rouge, LA 70884-2135
504-765-0219
Fax: 504-765-0222
Maine
Martha Kirkpatrick
Bureau of Land and Water Quality
Dept. of Environmental Protection
State House #17
Augusta, ME 04333
207-287-3901
Fax: 207-287-7826
Dennis L. Keschl. Director .
Bureau of Air Quality Control
Department of Environmental Protection
State House, Station 17
Augusta, ME 04333
207-287-2437
Fax: 207-287-7641
Maryland
J.L. Hearn, Director
Water Management Administration
2500 Broening Highway, 1st Floor
Baltimore, MD 21224
410-631-3567
Fax: 410-631-4894
Merrylin Zaw-Mon, Director
Air and Radiation Management
Administration
2500 Broening Highway
Baltimore. MD 21224
410-631-3255
Fax:410-631-3202
Massachusetts
Bnan Donohoe. Deputy Regional Director
Dept. of Environmental Protection
Southeast Region
20 Riverside Drive
Lakeville, MA 02347
508-946-2785
Fax: 508-947-6557
Barbara A. Kwetz, Director
Division of Air Quality Control
Department of Environmental Protection
One Winter Street, 7th Floor
Boston, MA 02108
617-292-5630
Fax: 617-556-1049
Michigan
Robert Miller, Chief
Surface Water Quality Division
Dept. of Natural Resources
300 S. Washington Square
P.O. Box 30273
Lansing, MI 48909-7773
517-373-1949
Fax:517-373-9958
Dennis Drake, Acung Chief
Air Quality Division
Department of Natural Resources
P.O. Box 30260
Lansing, MI 48909-7760
517-373-7023
Fax:517-373-1265
Environmental Compliance Handbook for Short Line Railroads
AppendlxA
120
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State Environmental Agency Contacts
State
Water
Air
Minnesota
Patricia M. Burke, Manager
Water Quality Division
MN Pollution Control Agency
520 Lafayette Road
St. Paul, MN 55155
612-296-7202
Fax: 612-297-8683
Lisa J. Thorvig, Manager
Air Quality Division
Pollution Control Agency
520 Lafayette Road
St. Paul, MN 55155
612-296-7331
Fax: 612-297-7709
Mississippi
Barry Royals, Chief
Surface Water Division
MS Dept. of Environmental Quality
P.O. Box 10385-0389
Jackson. MS 39289-0385
601-961-5102
Fax: 601-961-5376
Dwight Wylie, Chief
Air Division
Office of Pollution Control
Department of Environmental Quality
P.O. Box 10385
Jackson, MS 39289
601-961-5171
Fax: 601-354-6612
Missouri
Ed Knight, Director
MO Clean Water Commission
Dept. of Natural Resources
P.O. Box 176
Jefferson City, MO 65102
314-751-6721
Fax: 314-751-9396
Roger Randolph, Staff Director
Air Pollution Control Program
Division of Environmental Quality
Department of Natural Resources
P.O. Box 176
Jefferson City, MO 65102
314-751-4817
Fax: 314-751-2706
Montana
Steve Pilcher, Administrator
Water Quality Division
Dept. of Health & Environmental Sciences,
Room A206
P.O. Box 200901
Helena, MT 59620-0901
406-444-2406
Fax: 406-444-1374
Jeffrey Chaffee, Acting Division
Administrator
Air Quality Division
Dept. of Health & Environmental Sciences
836 Front Street
P.O. Box 200901
Helena, MT 59620-0901
406-444-3454
Fax: 406-444-5275
Nebraska
Pat W. Rice, Assistant Director
Water Quality Division
Dept. of Environmental Quality
Suite 400, The Atrium
P.O. Box 98922
Lincoln, NE 68509
402-471-3098
Fax: 402-471-2909
Joe Francis, Assistant Director
Air and Waste Management Division
Department of Environmental Quality
1200 North Street, Suite 400
P.O. Box 98922
Lincoln, NE 68509-8922
402-471-0001
Fax: 402-471-2909
Nevada
Wendell McCurry, Bureau Chief
Water Quality Planning
Division of Environmental Protection
333 W. Nye Lane, Capital Complex
Carson City, NV 89710
702-687-4670 Ext: 3098
Fax: 702-687-6396
Jolaine Johnson, Bureau Chief
Bureau of Air Quality
Division of Environmental Protection
333 West Nye Lane
Carson City, NV 89710
702-687-4670
Fax: 702-687-6396
121
Environmental Compliance Handbook for Short Line Railroads
Appendix A
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State Environmental Agency Contacts
State
Water
Air
New
Hampshire
Robert Varney, Commissioner
Dept. of Environmental Services
P.O Box 95
Concord, NH 03302-0095
603-271-3503
Fax: 603-271-2867
Kenneth A. Colbum, Director
Air Resources Division
Department of Environmental Services
64 North Main Street
Caller Box 2033
Concord, NH 03301
603-271-1370
Fax: 603-271-1381
New Jersey
Dennis Hart, Director
Environmental Regulations. Division of
Water Quality
Dept. of Environmental Protection
CN029, 401 E. State Street
Trenton, NJ 08625-0029
609-292-4543
Fax: 609-984-7938
John Elston, Administrator
Office of Air Quality Management
Department of Environmental Protection
401 East State Street
7th Floor West
Trenton, NJ 08625
609-292-6710
Fax: 609-633-6198
New Mexico
Jim Piatt. Bureau Chief
Surface Water Quality Bureau
NM Environment Department
PO. Box 26110
Santa Fe, NM 87502
505-827-0187
Fax: 505-827-0160
Cecilia Williams, Chief
Air Quality Bureau
Bill Blankenship, Chief
Air Pollution Control Bureau
Envinonmental Protection Division
Environment Department
Harold Runnels Building, Room S2100
P.O. Box 26110
Santa Fe, NM 87502
505-827-0031
Fax: 505-827-0045
New York
N.G. Kaul, Director
Division of Water
Dept. of Environmental Conservation
50 Wolf Road, Room 306
Albany, NY 12233-3500
518-457-6674
Fax: 518-485-7786
Thomas M. Allen, Director
Division of Air Resources
Department of Environmental Conservation
50 Wolf Road
Albany, NY 12233-3250
518-457-7230
Fax: 518-457-0794
North Carolina
Steve Tedder, Chief, Water Quality Section
Division of Environmental Management
Department of Environment, Health, and
Natural Resources
P.O. Box 29535
Raleigh, NC 27626-0535
919-733-5083 Ext. 500
Fax: 919-733-9919
Alan Klimek, Chief
Air Quality Section
Department of Environment, Health, and
Natural Resources
P.O. Box 29535
Raleigh, NC 27611
919-733-3340
Fax: 919-733-5317
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122
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State Environmental Agency Contacts
State
Water
Air
North Dakota
Francis (Fntz) Schwindt, Chief
Environmental Health Section
Dept. of Health
P.O Box 5520
Bismarck. ND 58502-5520
701-328-5150
Fax: 701-328-5200
s. schwindt(2>.raveh. state. nd. us
Dana K. Mount, Director
Division of Environmental Engineering
Department of Health
1200 Missouri Avenue, Room 304
P.O. Box.5520
Bismarck, ND 58506-5520
701-328-5188
Fax: 701-328-5200
Ohio
Greg Smith, Chief
Div. of Environmental and Financial
Assistance
Ohio Environmental Protection Agency
1600 Watermark Drive
Columbus, OH 43266-0149
614-644-2798
Fax: 614-644-3687
greg-smith(2lcenter. epa. ohio. gov
Robert Hodanbosi, Chief
Division of Air Pollution Control
Environmental Protection Agenc>
P.O. Box 1049
Columbus, OH 43216-0149
614-644-2270
Fax: 614-644-3681
Oklahoma
Jon Craig, Director
Water Quality Division
Department of Environmental Quality
1000 N.E. 10th Street
Oklahoma City, OK 73117-1212
405-271-5205
Fax: 405-271-7339
Larry Bynim, Director
Air Quality Division
Department of Environmental Quality
4545 North Lincoln Blvd., Suite 250
Oklahoma City, OK 73105-3483
405-271-5220
Fax: 405-271-7508
Oregon
Mike Downs, Administrator
Water Quality Division
Dept. of Environmental Quality
811 SW 6th Avenue
Portland, OR 97204-1390
503-229-5324
Fax: 503-229-6124
Gregory A. Green, Administrator
Air Quality Division
Department of Environmental Quality
811 SW 6th Avenue
Portland. OR 97204
503-229-5359
Fax: 503-229-5675
Pennsylvania
Daniel B. Drawbaugh, Director
Bureau of Water Quality Management
Dept. of Environmental Resources
10th Floor, Market St. State Office Bldg.
400 Market Street
P.O. Box 8465
Hanisburg, PA 17105-8465
717-787-2666
Fax: 717-772-5156
James M. Salvaggio, Director
Bureau of Air Quality Control
Department of Environmental Resources
400 Market Street
P.O. Box 8468
Harrisburg, PA 17105-8468
717-787-9702
Fax: 717-772-2303
Rhode Island
Edward S. Szymanski, P.E.,
Associate Director for Water Quality
Management
Dept. of Environmental Management
291 Promenade Street
Providence, RI 02908-5767
401-277-3961 Ext. 7201
Fax: 401-521-4230
Stephen Majkut, Chief
Division of Air Resources
Department of Environmental Management
291 Promenade Street
Providence, RI 02908-5767
401-277-2808
Fax:401-277-2017
Environmental Compliance Handbook for Short Line Railroads
Appendix A
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State Environmental Agency Contacts
State
Water
Air
South Carolina
Russell Sherer, Bureau Chief
Bureau of Water Pollution Control
Dept. of Health and Environmental Control
2600 Bull Street
Columbia. SC 29201
803-734-5296
Fax: 803-734-5216
James A. Joy III. Chief
Bureau of Air Quality Control
Dept. of Health & Environmental Control
2600 Bull Street
Columbia, SC 29201
803-734-4750
Fax: 803-734-4556
South Dakota
Steven M. Pirner, Director of the Division
of Environmental Regulation
Dept. of Environment and Natural
Resources
Joe Foss Building
523 E. Capitol
Pierre, SD 57501
605-773-5559
Fax: 605-773-6035
Tim Tollefsnid, Air Director
Point Source Control Program
Department of Environment and Natural
Resources
Joe Foss Building
523 East Capitol Avenue
Pierre, SD 57501
605-773-3351
Fax: 605-773-4068
Tennessee
Paul Davis. Director
Division of Water Pollution Control
Dept. of Environment and Conservation
401 Church Street
L&C Annex. 6th Floor
Nashville, TN 37243-1534
615-532-0625
Fax:615-532-0046
John W. Walton, Director
Division of Air Pollution Control
Dept. of Environment and Conservation
401 Church Street, 9th Floor
L&C Annex
Nashville, TN 37243-1531
615-532-0554
Fax: 615-532-0614
Texas
Laura Koesters, Deputy Executive Director
Office of Water Resource Management
Texas Natural Resource Conservation
Commission
12100 Park 35 Circle (78753)
P.O. Box 13087
Austin, TX 78711-3087
512-239-4300
Fax: 512-239-4303
Beverjy Hartsock, Deputy Director
Office of Policy and Regulatory
Development
Texas Natural Resource Conservation
Commission
P.O. Box 13087
Austin, TX 78711-3087
512-239-5818
Fax: 512-239-4808
Utah
Don Ostler, Director
Division of Water Quality
Dept. of Environmental Quality
P.O. Box 144870
288 North, 1460 West
Salt Lake City, UT 24116-4870
801-538-6146
Fax: 801-538-6016
EQ WQ.dostler(3).email. state, ut. us
Russell Roberts. Director
Division of Air Quality
Department of Environmental Quality
1950 West North Temple
Salt Lake City, UT 84114-4820
801-536-4000
Fax: 801-536-4099
EQWQ.dostler@email.state.ut.us
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124
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State Environmental Agency Contacts
State
Water
Air
Vermont
William Bnerley. Commissioner
Dept. of Environmental Conservation
103 South Main Street
Waterbury, VT 05671-0401
802-241-3800
Fax: 802-244-5141
Richard Valentinetu. Director
Air Pollution Control Division
Agency of Natural Resources
103 South Main Street
Building 3 South
Waterbury, VT 05676
802-244-8731
Fax: 802-241-2590
Virginia
James C. Adams, Director
Water Division, Department of
Environmental Quality
629 East Main St.(23219)
P.O. Box 10009
Richmond, VA 23240-0009
804-762-4050
Fax: 804-762-4032
John M. Darnel, Jr.. Director
Air Division
Department of Environmental Quality
P.O. Box 10009
Richmond, VA 23240
804-762-4311
Fax: 804-762-4501
Washington
Mike Llewelyn. Program Manager
Water Quality Program, Washington Dept.
of Ecology
P.O. Box 47600
Olympia. WA 98504-7600 .
360-407-6405
Fax: 360-407:6426
mileฎ,ecvwa.gov
Joseph Williams, Director
Air Program
Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
360-459-6632
Fax: 360-438-7484
mlle(3),ecy.wa.gov
West Virginia
Mark A. Scott, Chief. Office of Water
Resources
Division of Environmental Protection
1201 Greenbrier Street
Charleston, WV 25311-1088
304-558-2751
Fax: 304-558-5905
G. Dale Farley, Chief
Office of Air Quality
Division of Environmental Protection
1558 Washington Street, East
Charleston, WV 25311
304-558-3286
Fax: 304-558-3287
Wisconsin
Bruce Baker. Director
Water Resources Management Bureau
Dept. of Natural Resources
P.O. Box 7921
Madison, WI 53707
608-266-8631
Fax: 608-267-2800
Donald F. Theiler, Director
Bureau of Air Management
Department of Natural Resources
P.O. Box 7921
Madison. WI 53707
608-266-7718
Fax: 608-267-0560
Wyoming
Gary Beach, Administrator
Water Quality Division
122 West 25th Street
Hershler Bldg., 4th Floor West
Cheyenne, WY 82002
307-777-7781
Fax: 307-777-5973
Charles Collins, Administrator
Air Quality Division
Department of Environmental Quality
122 West 25th Street
Cheyenne, WY 82002
307-777-7391
Fax: 307-777-5973
125
Environmental Compliance Handbook for Short Line Railroads
Appendix A
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The EPA regional headquarters contacts listed below are good resources for general
information on environmental laws and may be able to pass along the phone numbers of state
or local environmental agency contacts.
EPA Regions and Regional Office Headquarters
EPA Region
States in Region
Regional Office
I.
CT, ME, MA, NH, RI, VT
John F. Kennedy Federal Building
One Congress Street
Boston, MA 02203
General Phone #: 617-565-3420
II.
NJ, NY, PR, VI
Environmental Protection Agency
290 Broadway
New York, NY 10007-1866
General Phone #: 212-637-3000
III.
DE, DC, MD, PA, VA,
WV
Environmental Protection Agency c
841 Chestnut Building
Philadelphia, PA 19107
General Phone #: 215-597-9800
IV.
AL, FL, GA, KY, MS, NC,
SC, TN
Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, GA 30365
General Phone #: 404-347-4727
V.
IL, IN, MI, MN, OH, WI
Environmental Protection Agency
77 West Jackson Blvd.
Chicago, EL 60604-3507
General Phone #: 312-353-2000
VI.
AR, LA, MN, OK, TX
Environmental Protection Agency
First Interstate Bank Tower
1445 Ross Avenue 12th Floor Suite 1200
Dallas, TX 75202-2733
General Phone #: 214-665-6444
VII.
IA, KS, MO, NE
Environmental Protection Agency
726 Minnesota Avenue
Kansas City, KS 66101
General Phone #: 913-551-7000
VIII.
CO, MT, ND, SD, UT, WY
Environmental Protection Agency
999 18th Street Suite 500
Denver, CO 80202-2466
General Phone #: 303-293-1603
Environmental Compliance Handbook for Short Line Railroads
Appendix a
126
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EPA Regions and Regional Office Headquarters
EPA Region
States in Region
Regional Office
IX
AZ, CA, HI, NV, AS, GU
Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
General Phone #: 415-744-1305
x.
AK, ID, OR, WA
Environmental Protection Agency
1200 Sixth Avenue
Seattle, WA 98101
General Phone #:ฆ 206-553-1200
EPA regional offices will have representative who may be able to answer your specific
environmental compliance questions. EPA regional office contacts and their relevant subjects
are presented in the following table:
EPA Regional Offices
Region
Office
Contact
Phone.
I.
Waste Management Division
RCRA Branch
David M. Webster
617-573-5770
Water Management Division
Water Compliance Branch
Larry H. Brill
617-565-3943
Environmental Service Division
Emergency Planning and Response Branch
Donald F. Berger
617-860-4368
II.
Air and Waste Management Division
Hazardous and Solid Waste Programs Branch
Stanley Siegel
212-637-4126
Water Management Division
Water Permits and Compliance Branch
Patrick Durack
212-637-3767
Emergency and Remedial Response Division
Emergency Preparedness Programs
Response and Prevention Branch
Richard C. Salkie
Bruce E. Sprague
908-321-6658
908-321-6656
III.
Hazardous Waste Management Division
RCRA Enforcement and UST Branch
Robert E. Greaves
215-597-8125
IV.
Waste Management Division
Office of Program Management Support
RCRA Permitting and Compliance.Branch
Emergency Response and Removal Branch
Gregory (Alan) A. Farmer
Myron (Doug) D. Lair
404-347-3433
404-347-3931
Water Management Division
Water Permits and Enforcement Branch
ฆ 1 1 1 ฆ 1 !'ฆฆฆ
James H. Scarbrough
404-347-2019
127
Environmental Compliance Handbook for Short Line Railroads
Appendix A
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Region
Office
Contact
Phone
V
Waste Management Division
Emergency Response Branch
Richard C. Karl
312-353-9295
Waste Management Division
RCRA Program Management Branch
Office of Underground Storage Tanks
Sally K. Swanson
Gerald W Phillips
312-353-8512
312-886-6159
Water Division
Water Compliance Branch
Tood A. Cayer
312-353-2121
VI
Environmental Service Division
Emergency Response Branch
24-hour Hotline
Charles A. Gazda
214-665-2270
214-665-2222
Office of Underground Storage Tanks
Guanita Reiter (Acting)
214-665-6756
Water Management Division
Permits Branch
Jack V. Ferguson
214-665-7170
VII
Environmental Service Division
Emergency Planning and Response Branch
Ronald D. McCutcheon
913-551-5007
Waste Management Division
RCRA Branch
Water Management Division
Water Programs Assistance Branch
Water Compliance Branch
Lyndell L. Harrington
(Acting)
Thomas M. Carter
Larry B. Ferguson
913-551-7051
913-551-7031
913-551-7034
VIII.
Hazardous Waste Management Division
RCRA Implementation Branch
Emergency Response Branch
Terry L. Anderson
John R. Gledt
303-293-1663
303-294-7129
Water Management Division
NPDES Branch
Steve A. Burkett
303-293-1623
IX.
Hazardous Waste Management Division
Office of Underground Storage Tanks
Office of Solid Waste
RCRA Programs Branch
Patricia Eklund
Jeff Scott
Richard E. Vaille
415-744-2079
415-744-2091
415-744-2090
Water Management Division
Permits and Compliance Branch
Catherine Kuhlman
415-744-2001
X.
Water Division
Surface Water Branch
Jack H. Gedstatter
206-553-0966
Hazardous Waste Division
Betty Wiese (Acting)
206-553-2782
Environmental Compliance Handbook for Short Line Railroads
AppenddcA
128
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The following table contains federal EPA Hotline phone numbers These Hotlines are staffed by regulatory experts in federal law
They may not be able to help you with the details of your state's requirements. These representatives may, however, be able to
recommend a contact to you at the state or local level.
| EPA Hotlines
| Hotline
Description
Phone Number
Asbestos Ombudsman Clearinghouse/Hotline
Small Business Ombudsman
Clearinghouse/Hotline
Provides information to the public, including
individual citizens and community services, on
the handling and abatement of asbestos in
schools, the work place, and the home.
Assists small business in complying with EPA
regulations.
(800) 368-5888 for all non-government
locations outside the Washington
metropolitan local calling area. All others,
call (703) 305-5938
Emergency Planning and Community Right-
to-Know (Title III of SARA) and Superfund
Provides information for the Emergency
Planning and Community Right-to-Know
(Title III of SARA) program. A contractor
operates this hotline under EPA's direction.
This hotline provides regulatory, policy, and
technical assistance to federal agencies, state
and local governments, the public, and the
regulatory community.
(800) 535-0202 for all non-government
locations outside the Washington
metropolitan local calling area. All others,
call (703) 412-9877
Emergency Response Section Notification
Line
The attendant on this hotline screens all calls
and transfers appropriate callers to EPA's
technical assistance team.
(415) 744-2000 (All of area codes 41 5, 707,
512, northern portion only of area code 408 )
EPA Action Line
Functions as a referral service to appropriate
program offices.
(800) 223-0425 for all non-government
locations outside the Kansas local calling area
(including IA, MO, NE, KS residents) All
others, call (913) 551-7122
Environmental Compliance I Iandbook for Short Line Railroads
Appendix A
129
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EPA Hotlines j
Hotline
Description
Phone Number |
General Information Environmental Issues
Provides general information on
environmental issues
(800) 759-4372 for all non-government 8
locations outside the Colorado local calling 1
area. All others, call (303) 293-1603 j
I Hazardous Waste Ombudsman
The Hazardous Waste Management Program
established under R.CRA assists the public and
the regulatory community in resolving
problems concerning any program or
requirement under the Hazardous Waste
Program The ombudsman handles
complaints from citizens and the regulatory
community, obtains facts, sorts information,
and substantiates policy.
(800) 262-7937 for all non-government j
locations outside the Washington j
metropolitan local calling area. All others, j
call (202) 260-9361 1
National Lead Information Center Hotline
Managed by the National Safety Council and
sponsored by OPPT. This hotline provides
information to help parents protect their
children from lead poisoning in the home and
can furnish a list of state and local contacts.
Written materials and recordings are available
in either English or Spanish.
(800)532-3394
Enyironkiental Compliance 1 Landbook for Short Line Railroads
no
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EPA Hotlines
Hotline
Description
Phone Number
National Pesticides Telecommunications
Network
Provides information about the National
Pesticides Telecommunications Network
program. A contractor operates this hotline
under EPA's direction. This hotline provides
the medical, veterinary, and professional
communities and the general public with
information on pesticide product information,
recognition and management of pesticide
poisonings, toxicology and symptomatic
reviews, safety information, health and
environmental effects, and clean-up and
disposal procedures.
(800) 858-7378 for all non-government
locations outside the Texas local calling area
(includes Alaska, Puerto Rico, and the Virgin
Islands) All others, call (806) 743-3091
National Response Center U.S. Coast
Guard Oil and Hazardous Material Spills
Callers use this hotline to report oil and
hazardous material spills. Note: Please have
as much relevant data as possible ready
when calling this number.
(800) 424-8802 for all non-government
locations outside the Washington
metropolitan local calling area. All others,
call (202) 267-2675/2185
RCRA Information Hotline (RIL)
Provides information on hazardous waste
identification, generators, transporters,
treatment, storage and disposal facilities,
recycling sites, and export and import.
(415) 744-2074 Nationwide
RCRA/Superfijnd/OUST and EPCRA Hotline
Provides information about the
RCRA/Superfund/OUST program. This
hotline provides answers to questions about
EPA's RCRA regulations and policies. It also
provides referrals for obtaining related
documents concerning RCRA, Underground
Storage Tanks (UST), Superfund/CERCLA,
and Pollution/Waste Minimization
(800) 424-9346 for all non-government
locations outside the Washington
metropolitan local calling area. All others,
call (703)412-9810
Environmental Compliance Handbook for Short Line Railroads
Appendix A
111
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EPA Hotlines
Hotline
Description
Phone Number J
I Solid Waste Assistance Program (SWAP)
Provides information on all aspects of solid
waste management, including source
reduction, recycling, composting, planning,
education and training, public participation,
legislation and regulation, waste combustion,
collection, transfer and disposal, landfill gas,
and special wastes.
(800) 677-9424 for all non-government J
locations outside the Washington
metropolitan local calling area All others,
call (301) 585-2898
1 Storm Water Hotline
Attended operation ojthis hotline has been
discontinued as of April 15, 1994. A
recording has been placed on the line to
direct callers to alternative sources of
information about Storm Water Regulation.
(800) 296-1996 for all non-government
locations outside the Washington
metropolitan local calling area All others,
call (202) 275-6677
Toxic Substances Control Act (TSCA)
Assistance Information Service
Provides TSCA regulation information the
chemical industry, labor and trade
organizations, environmental groups, and the
general public. Technical as well as general
information is available.
(202) 554-1404 Nationwide
Environment al Compliance Handbook for Short Line Railroads
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FRA Regional Offices
States/City/Time
Field Address/Zip Code
Name/Title
Telephone/FTS/Comm
Region 1
I 8:30 a.m. - 5:00 p.m.
55 Broadway
Room 1077
Cambridge, MA 02142
Mark H McKeon
Regional Administrator
Leslie Fiorenzo
Laurence Hasvold
Deputy Regional
Administrators
Robert R. Novak
Administrative Officer
617-494-2302
Region 2
| 8:00 a.m. - 4:30 p m.
Scott Plaza II
Suite 550
Philadelphia, PA 19113
John Megary
Regional Administrator
Dave Myers
Deputy Regional Administrator
Marie Doherty
Administrative Assistant
610-521-8200
Region 3
8:00 a.m. - 4:30 p.m.
1720 Peachtree Rd., N.W.
Suite 440 North Tower
Atlanta, GA 30309-2469
Fred Dennin
Regional Administrator
R.H. Savage
Christopher Clune
Deputy Regional
Administrators
Patricia Earnest
Administrative Officer
404-347-2751
Environmental Compliance Handbook for Short Line Railroads 1 "111
Appendix A
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FRA Regional Offices, cont.
States/City/Time
Field Address/Zip Code
Name/Title
Telephone/FTS/Comm
Region 4
9:00 a.m. - 5:30 p.m.
111 N. Canal Street
Suite 655
Chicago, IL 60606
Richard McCord
Regional Administrator
Lewis F. Dennin
Cedestra Jordon
Deputy Regional
Administrators
Jacqueline Burrage
Administrative Officer
312-353-6203
I Region 5
8:00 a.m. - 4:30 p.m
8701 Bedford Euless Road
Suite 425
Hurst, TX 76053
Harry T. Paton
Regional Administrator
Leon H. Sapp
Ralph Elston
Deputy Regional
Administrators
Lynn Mills
Administrative Officer
817-284-8142
| Region 6
1 9:00 a.m. - 5:30 p.m.
City Center Square
1100 Maine Street, Suite 1130
Kansas City, MO 64105
Darrel J. Tisor
Regional Administrator
Eric N. Kutch
Aleta Dow
Deputy Regional
Administrators
Frances E. Hamilton
Administrative Officer
816-426-2497
Environmental Compliance Handbook for Short Line Railroads
Ap^^A
"*4
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FRA Regional Offices, cont.
States/City/Time
Field Address/Zip Code
Name/Title
Telephone/FTS/Comm
Region 7
11:30 a.m. - 8:00 p.m.
650 Capitol Mall
Room 7007
Sacramento, CA 95814
Michael Sanders
Regional Administrator
David Lydick
Deputy Regional Administrator
(Vacant)
Administrative Assistant
916-498-6540
| Region 8
9 11:00 a.m. - 7:30 p.m.
703 Broadway
Murdock Executive Plaza
Suite 650
Vancouver, WA 98660
Chester Southern
Regional Administrator
D.L. Clairmont
Deputy Regional Administrator
Lawrene L. Williams
Administrative Officer
360-696-7536
Environmental Compliance Handbook for Short Line Railroads
Appendix A
115
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The last table can be used to keep track of the environmental agency representatives you come into contact with during the course of
your calls. When you find a good information source that is not on the lists above, enter it in the table below for future reference
Telephone Contacts
Name
Office/ Phone number
Reason Called
Date
I^^^wmental Compliance Handbook for Short Line Railroads
116
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Telephone Contacts
Name
Office/ Phone number
Reason Called
Date
Environmental Compliance 1 Iandbook for Short Line Railroads
Appendix A
-------
Notes
Enyi^nkiental Compliance 1 Iandbook for Shori Line Raii.ro,\ds
^8
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Appendix B: Material Disposal Discussion
Waste Storage and Disposal
Short line railroads use, store, and dispose of a variety of regulated substances during the
course of normal operations. Of all major environmental regulations, those governing
storage and disposal of wastes, especially hazardous wastes, potentially affect the greatest
number of short, lines. Leaking or improperly disposed waste drums can contaminate the
environment, requiring expensive cleanups and resulting in potentially large fines for non-
compliance with environmental laws.
Many railroads employ contractors to handle waste storage and disposal questions. Under
environmental law, however, the ultimate responsibility for proper waste disposal lies with
the waste generator, irregardless of the presence of a contractor. Short lines have been
held liable for the cleanup of wastes dumped illegally by their waste disposal contractor,
even when the waste was improperly dumped without their knowledge.
Waste storage and disposal compliance requirements are dependent on the types and
amounts of wastes at your facility. The Resource Conservation and Recovery Act (RCRA)
is central to compliance with the material storage and disposal requirements discussed
below. Review of the Chapter 3: Statutory Overview discussion of RCRA is recommended
for a better understanding of the material storage and disposal compliance requirements
at your facility. For a full understanding, review of the applicable regulations is
required.
iMajor issues: Waste Storage and Disposal
Your waste storage and disposal compliance requirements will hinge on the types and
amounts of waste generated at your facility. The discussion below presents general waste
disposal issues and categories, discusses specific compliance requirements for each type of
waste, and overviews various railroad wastes.
In general, there are a variety of issues to consider when disposing of a particular waste at
your facility:
All wastes must be identified as to type and category (e.g., hazardous, non-
hazardous, or special),
Most landfills are restricted by state laws as to what they can accept,
139
Environmental Compliance Handbook for Short LrNE Railroads
Appendix B
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It is illegal to put hazardous waste, petroleum waste or other regulated waste
in a dumpster or other receptacle to be disposed of with routine non-hazardous
trash.
Fines and imprisonment may result from failure to comply with hazardous
waste laws,
If hazardous wastes result from your activities your facility has special
requirements.
Many states have different hazardous waste definitions and compliance responsibilities, so
only the probable categorization of wastes could be discussed below. It is important to
note that according to RCRA law, it is your responsibility to determine whether or not a
particular waste is hazardous.
Hazardous Materials
Hazardous materials may be classified as a 'hazardous waste' under state and federal
environmental laws. Hazardous materials trigger a host of compliance requirements for the
facility that generates them. Since short lines may produce hazardous materials in their
daily operations, proper hazardous material storage and disposal practices are an essential
component of environmental compliance. It is usually preferable, from both environmental
and economic standpoints, to avoid generating the waste through practices such as waste
minimization or recycling.
Once you have determined that your facility is a hazardous waste generator, the quantity
of hazardous waste produced at that facility will determine your compliance requirements.
There are three categories of hazardous waste producing facilities under RCRA:
Conditionally Exempt Small Quantity Generators, Small Quantity Generators, or Large
Quantity Generators. Refer to Chapter 3 to determine your facility's status.
Generally speaking, hazardous wastes should be stored in non-leaking containers with the
appropriate hazardous waste label. The amount of time hazardous waste containers can
be stored at your facility will depend on the amount of waste you generate. If you
currently have approximately 4 signal batteries, or 220 pounds, of hazardous waste at your
facility, the maximum time you may legally store wastes at your facility may be as little as
90 days from day of generation. State law may designate less time for on-site storage.
Hazardous waste containers must be shipped off-site to a permitted Treatment, Storage,
and disposal facility before the time period expires.
Environmental Compliance Handbook for Short Line Railroads
Appendix B
140
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Potentially Hazardous Materials and Basic Disposal Requirements
Material
Basic Requirements
Absorbent materials
contaminated with hazardous
substances
Absorbent materials take on the waste characterization of
the spills they absorb. If any spills or drips of hazardous
substances are remediated with absorbent materials, the
absorbent materials may need to be handled as hazardous
wastes. Minimize your use of hazardous materials by
switching to non-hazardous alternatives.
Aerosol cans, still pressurized .
Pressurized aerosol cans are hazardous wastes under
RCRA. Once depressurized, however, the can may be
disposed of as non-hazardous. Cans can be depressurized
by inverting them and releasing all of the propellant, or
puncturing them with an approved aerosol can
depressurization device.
Waste oils and oil-contaminated
wastes
All oils and oil containing wastes should be containerized
and labeled appropriately to prevent release to the
environment. Used oil is not currently listed as a
hazardous waste under RCRA law, and most waste oil
generated at your facility (e.g., spilled diesel fuel) will
probably not be hazardous waste. Cutting oils, hydraulic
oils, and oils containing solids may require hazardous
waste management depending on your particular state's
environmental regulations.
Paint removal wastes: Grit blast
wastes
The hazardous or non-hazardous status of grit blast
wastes will depend on the types and amounts of paint that
are removed. Grit itself is a non-hazardous substance.
Grit blast wastes from removal of lead-based paints,
however, are hazardous. Grit-blasted latex paints are
non-hazardous wastes. The presence of other
contaminants in the grit blast waste, such as grease or oil,
will also determine its disposal requirements. Reuse grit
whenever possible.
Paint removal wastes: Paint
thinners
Ignitable or toxic paint thinner wastes such as rags and
paint sludges are hazardous wastes. When possible,
purchase paint thinners in recyclable/returnable containers
to reduce waste.
Lead-based or ignitable paint
and related wastes
Ignitable, solvent-based, or lead containing paints are
hazardous wastes under RCRA. Painting operation
wastes should be carefully managed, stored separately,
and disposed of properly. Switch painting operations to
latex or water-based paints are solid, non-hazardous
wastes. When possible, purchase paint in
recyclable/returnable containers to reduce waste.
141
Environmental Compliance Handbook for Short Line Railroads
Appendix B
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Potentially Hazardous Materials and Basic Disposal Requirements
Material
Basic Requirements
Nickel cadmium, nickel iron,
and carbonaire batteries
These batteries are hazardous wastes under RCRA.
Battery disposal and storage is an important consideration
for short line railroads. If used batteries are stored for
too long at your facility, RCRA violations and fines will
result. If possible, recycle batteries to a supplier or with a
Class I railroad.
Oil filters constructed with
"terne" metal (a lead-tin alloy)
Oil filters with terne metal alloy have been classified as
hazardous under RCRA. Most other oil filters, however,
have been found to be non-hazardous, special wastes
These wastes have special disposal requirements but do
not trigger other RCRA environmental requirements (eg.,
manifests).
Solvents and solvent sludge
Solvents and solvent sludges from parts cleaning or other
operations fit the RCRA definition of hazardous wastes
due to their toxicity and ignitability. Switch to aqueous-
based solvents to reduce the generation of this waste.
Environmental Compliance Handbook for Short Line Railroads
Appendlx B
142
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Special and Non-Hazardous Wastes
Non-hazardous wastes must be disposed of in a way consistent with state laws. Municipal
disposal facilities and landfills will have their own particular disposal requirements
Special wastes are not defined as hazardous under RCRA, but may have specific disposal
requirements in your state. As a result, it is important to determine if a particular landfill
will accept your waste. For example, some non-hazardous wastes such as used oils are
not accepted by disposal authorities in some states. In these areas the waste must be
handled as a hazardous waste. See Chapter 3: RCRA discussion for full coverage of non-
hazardous waste disposal.
Potentially Non-Hazardous Wastes and Basic Disposal Requirements
Material
Basic Requirements
Scrap metal
Scrap metal, while non-hazardous waste, should be
recycled for maximum financial gain and minimum
environmental impact. Segregating your scrap metal by
type is one way to potentially improve the attractiveness
of your scrap to a recycling facility.
Fully drained aerosol cans
Fully drained aerosol cans may be disposed of "in the
dumpster" as non-hazardous solid-waste.
Empty latex paint containers
Latex paint containers meeting the definition of "empty"
under RCRA can be disposed of as non-hazardous wastes
(See Painting and Metal Finishing for more information).
Coolant from multi-punch
presses
In addition to the metal filings which accumulate from the
use of a multi-punch press, the water-based coolant must
be disposed of properly.
Oil filters
Most oil filters are non-hazardous special wastes. Oil
filters should be punctured, drained fully, and stored
separately for disposal. Check with local and municipal
landfill regulations to determine oil filter disposal
requirements.
Single-use batteries (lantern
batteries)
These single use, alkaline batteries, are non-hazardous
wastes under RCRA and may be disposed as normal
waste.
Locomotive coolant
Some water-based locomotive coolants may be non-
hazardous substances.
143
Environmental Compliance Handbook for Short Line Railroads
Appendix B
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Environmental Compliance Handbook for Short Line Railroads 144
Appendix B
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