EPA 91.0/9-92-003 United States Environmental Protection Agency Region 10 1200 Sixth Avenue Seattle WA 98101 Alaska Idaho Oregon Washington Water Division February 1992 oEFA Environmental Guidance For Very Small Communities A .i Vy y! ( "i\/ V ; / 1 ------- ENVIRONMENTAL GUIDANCE FOR VERY SMALL COMMUNITIES Region 10 U.S. Environmental Protection Agency February 1992 Originally completed for EPA Region 8 by: MIDWEST ASSISTANCE PROGRAM, INC. P.O. BOX 81 NEW PRAGUE, MINNESOTA 56071 800/822-2981 ------- INTRODUCTION This handbook was prepared for very small local units of government (communities). It was prepared for community officials to use as a quick reference of environmental programs which may affect small cortimunities. The handbook also contains references, resources, and contacts to help the reader locate additional help or information. For the purpose of this handbook, a very small community is defined as a local unit of government with a service population of 1000 or less. Items discussed in this handbook may also apply to larger local units of government. However, because implementation dates and frequency of monitoring may vary, larger governmental bodies are advised to contact their respective state or tribal agencies for more detailed information. It is important to note that this handbook provides only a summary of basic environmental requirements and/or agency guidance applying to small communities. It is not intended to serve as a definitive statement to the specific ways to assure environmental compliance, but as aquick reference to the environmental programsthat typically apply to most very small com- munities. The handbook does not provide a complete overview of all federal and state environmental requirements. For example, EPA's Superfund Program is not discussed in this handbook since most very small communities do not have superfund issues. Information presented in this handbook is based on regulations and/or guidance as imple- mented by a federal agency, usually the Environmental Protection Agency. States and Indian Tribes are required to adopt rules at least as stringent as these federal rules. States and Tribes may adopt rules that are somewhat different in some cases, e.g., frequency of sampling or required date of implementation. Be sure to ask for and read the rules from the appropriate state or tribal agency. Statutory and regulatory documents are available at the EPA Region 10 library or may be obtained from your local library system. For more information about applicable legal docu- ments, or where to obtain them, contact appropriate program listings. The handbook is organized according to key program areas. After highlighting services available to you from Region 10, the handbook explores Cross Media Programs, Air Programs, Land Programs, and Water Programs. Cross-media programs are those that can reach across any of the other three program areas. Definitions of key terms are provided at the end of the handbook. This document was initially prepared in 1990 by the Midwest Assistance Program, Inc. under contract to the U.S. Environmental Protection Agency, Region 8. It was expanded by EPA Region 8 in early 1991 and by Region 10 in February 1992. The purpose of the expansion was to include the EPA non-regulatory programs that typically apply to very small local units of government and to provide the most up-to-date information possible. ------- TABLE OF CONTENTS EPA REGION 10 SERVICES. SERV1CM CROSS MEDIA PROGRAMS CROSS MEDIA Pollution Prevention 2 Public-Private Partnerships 4 SARA Title III Emergency Planning & Community Right-to-Know Act 6 Asbestos 8 Indoor Radon 10 AIR PROGRAM ' \ Clean Air Act Amendments. .12 AW LAND PROGRAMS (^tfj LAND RCRA Hazardous Waste Program, Subtitle C 14 Subtitle D Municipal Solid Waste Landfill Criteria 16 Underground Storage Tanks 18 WATER PROGRAMS 6 WATER Water and Wetlands Protection 21 Drinking Water Programs 23 Wellhead Protection Program 25 Wastewater Programs National Pollutant Discharge Elimination System 26 Sewage Sludge Use and Disposal 28 Storm Water Requirements 29 Pretreatment Requirements 31 DEFINITIONS. ' MflNmONS .33 ------- EPA REGION 10 SERVICES Toil-Free Access Residents of Alaska, Idaho, Oregon, and Wash- ington can call the U.S. Environmental Protec- tion Agency, Region 10 Headquarters in Seattle toll-free by dialing 1-800/424-4EPA. Service is available from 8:00 a.m. to 4:30 p.m. (PST), Monday through Friday. Operators can con- nect you to appropriate contact persons or programs. EPA Regional Library A number of services are available to resi- dents of Region 10 from EPA's regional library in Seattle (1200 Sixth Avenue, Floor 10, Seattle, WA 98101). The entire collection is available for use in the library from 8:30 a.m. to 4:30 p.m. Technical reports published by EPA may be checked out for two weeks and may not exceed a total of 5 items at a time. The library will mail them free of charge to anyone outside the greater Seattle area. The public can also access the library via the Online Library System (OLS), a computer catalog of EPA's library network. An informa- tional handout about OLS and how to use it is available from the library. To contact the library, call 1-800/424-4EPA or 206/553-1289. Public Information Center AUDIO-VISUAL LOANS: EPA, in cooperation with the Film Distribution Center, offers a variety of environmentally-related videotapes and films. While some of the films are suitable for primary and secondary education pur- poses, many are of a more technical nature. Some titles, from a list of approximately 100, include America's Wetlands, Are You Swim- ming in a Sewer?, Cascade Watershed: the Sandy River Basin, and Recycling in Wash- ington State: It Works For You. Videos are available for loan free of charge to residents of Region 10 states. For a complete list of titles, call the Public Information Center at 206/553-4973 or 1-800/424-4EPA. To order videotapes and films, contact the Film Distri- bution Center, TL P.O. Box 8293, Kirkland, WA 98034-0293 or call 206/821-0835. PUBLICATIONS: EPA offers a wide variety of environmental publications, pamphlets and brochures free of charge to the public. Sev- eral titles are listed throughout this handbook. For a complete list of available publications, or to order, contact the Public Information Center at 206/553-4973 or 1-800/424-4EPA. Speaker's Bureau A number of EPA employees have volun- teered to be available to speak on environ- mental topics ranging from air pollution to oil spills. If EPA can't fill your need, we will try to link you up with one of approximately fifteen other organizations in the region who might have speakers available. If you are interested in having someone speak to your group on a particular environmental issue, call 206/553- 1127. page 1 ------- CROSS MEDIA CROSS MEDIA PROGRAMS POLLUTION PREVENTION EPA's Pollution Prevention approach The Pollution Prevention Act of 1990 estab- lishes pollution prevention as national policy- -EPA's preferred approach for protecting human health and the environment. The primary goal of pollution prevention is pre- venting or reducing the generation of wastes and pollutants at the source. Pollution that cannot be prevented should be recycled whenever possible. Pollution that cannot be prevented or recycled should be treated in an environmentally safe manner. Disposal or other release into the environment should be used only as a last resort and should be conducted in an environmentally safe man- ner. Instead of using traditional pollution treatment and control methods to stop existing pollut- ants from reaching the environment, pollution prevention aims to anticipate and avoid the generation of pollutants in the first place. Actions for communities Rulings by courts, pronouncements by EPA, or wishing alone cannot clean up the environ- ment or keep it from becoming more polluted. What we need is an attitude change. Commu- nity leaders can develop policies that encour- age environmental awareness and provide mechanisms to help build the ethic of prevent- ing pollution. Small communities are in a unique position to make things happen and win the battle against pollution. Local governments can encourage and stimulate the practice of pollution preven- tion at all levels: by industry and manufactur- ing, by private and public business (including agriculture, transportation, energy generators, hospitals and schools), by communities and individuals. Here are suggestions of how community lead- ers can fight pollution and preserve environ- mental quality, human health and natural resources: i—i Set pollution prevention as a major goal and integrate the concept into governmental activities. Publicly recognize pollution pre- vention as a priority. Practice what you preach- -set an example EZZ] Educate the public as well as business and industry about pollution prevention. Cre- ate an awareness of the profitability and bene- fits of pollution prevention through greater ef- ficiency and utilization of natural resources CZ3 Develop programs that provide environ- mental alternatives: Recycle paper, glass, plastic, aluminum, scrap metal, motor oil, and yard wastes. Buy recycled or recyclable products. Seek out reusable, recyclable or returnable packages. Use less energy. Set back thermostats, insulate, buy energy-efficient lighting and appliances and make creative use of daylight. Use less water. Be conservative, use ultra-low flush toilets, install water me- ters, repair leaks, review maintenance schedules, use xeriscaping. page 2 ------- CROSS MEDIA PROGRAMS Transportation. Bike, walk, carpool, or use mass transit when possible. Buy en- ergy efficient automobiles and other fleet vehicles and keep them tuned. Sustainable agriculture. Take advantage of natural methods of protection. Apply pesticides such as insecticides and herb- icides carefully if they must be used. Pollution Prevention Information Exchange System (PPIES). 1-703/506-1025. Compu- terized information network of the PPIC. This bulletin board can also be accessed toll-free by state and local governments by calling the technical support hotline at 703/821-4800. Reduce smoke, radon, asbestos and other indoor-air pollutants. Hazardous waste. Reduce your use of toxics. Encourage product substitution and operation modification to environ- mentally sound practices. Lead. Be careful around surfaces cov- ered with lead-based paint, and be cau- tious when children are nearby during renovation or rehabilitation of old build- ings. Prevent exposure to lead and other harmful contaminants by testing drinking water supplies and making recommended changes. Additional Information EPA, Region 10, Pollution Prevention Office: Carolyn Gangmark, 206/553-4072 Robin Meeker, 206/553-1098 Pollution Prevention Information Clearinghouse (PPIC). 1-703/821-4800. Clearinghouse dedicated to reducing industrial pollutants through technology transfer, education and public awareness. page 3 ------- CROSS MEDIA PROGRAMS PUBLIC-PRIVATE PARTNERSHIPS As a community leader, you may already feel the squeeze of growing environmental protec- tion needs and regulations, coupled with decreased federal and state funding for infra- structure projects. As pressure to minimize rate shock for facility users grows, it's impor- tant to find new ways to hold down costs and build public support for additional expenses. Public-private partnerships may offer one solution. Public-Private Partnerships: What and Why A public-private partnership is a contractual relationship between a public and private partner that commits both to providing an environmental service. For example, public- private partnerships can be used to build and operate water and wastewater facilities, or establish garbage collection or other munici- pal services. The private sector can be in- volved in a variety of ways, from the initial design of a facility or program to its daily operation and maintenance. Although each arrangement is unique, most public-private partnerships fall into one of five categories: contract services, turnkey proj- ects, developer financing, privatization and merchant facilities. There are different bene- fits associated with each of these types. Partnerships can benefit communities in sev- eral ways. Benefits may include cost savings and flexible financing, more rapid project completion, guaranteed performance, and access to more sophisticated technology. Building a Public?Private Partnership: An Action Checklist No two communities build a partnership in exactly the same way, but all must take roughly the same steps. This document presents a summary of steps that may help a community make decisions necessary to enter into a contract with a private firm. A community initiates the public-private part- nership process by evaluating its service needs, reviewing available technology and identify- ing resources that may be able to assist in the development of the contract. To ensure successful public-private partner- ships, it is important for community leaders to build public support while they are evaluating financing prospects and studying laws and regulations. It is also important to review the track records of potential private partners as well as explore partnership options that may best serve your needs. Cooperating with other communities in pro- viding environmental services (regionaliza- tion) can help ensure success for the partner- ship. Providing environmental services to a region, rather than a single community, can increase the private sector's investment re- turn. Small communities, which typically have a limited revenue base, may find that joining together can allow large scale projects to become more economical. Eventually, local officials must narrow part- nership options, select and conduct its pro- curement process and finally, develop the service agreement. Financing, Procurement, and the Service Agreement In choosing a financing method, a community should estimate the capital required and iden- tify various financing options. These financing strategies should then be assessed against the financial condition of the municipality, the page 4 ------- CROSS MEDIA PROGRAMS project's costs and any risks. A comparison of benefits and costs can help determine which option is most appropriate. A local government starts to implement its choice by initiating the procurement process. The three types of procurement most commu- nities select are advertised fixed price pro- curement, competitive negotiation, and two- step advertising. While advertised procure- ment allows the community to dictate the terms of the solicitation, competitive negotia- tion offers greater flexibility. Two-step adver- tising is a mixture of the other two. Finally, a partnership arrangement must be defined in a service agreement. Each con- tract must include a number of elements. The contract must define: the project and perform- ance criteria; compensation method and tim- ing; changing situations and risk allocations; and contract termination and step-in-rights. Insurance and bonding should also be consid- ered since they may affect the terms of the contract. EPA is currently developing two additional resources which may be helpful: "Solid Waste Contract Negotiation Handbook," and "Solid Waste Contracting...Questions and Answers Brochure." Contact Paula VanHaagen, EPA Region 10, 206/553-1847 for information about document availability. EPA, Region 10, Pollution Prevention Coordi- nator: Matt Coco, 206/553-0705 Additional Information "Public-Private Partnerships (P3) Strategy," EPA, 35 pp., 1989, document #1989-0-626- 143. Call EPA at 202/260-8227 for informa- tion. "Public-Private Partnership Case Studies: Profiles of Success In Providing Environmental Services," EPA, 120 pp., 1989. Call EPA's Public Information Center at 206/553-4973 or 1-800/424-4EPA for a copy. "City of Vancouver Wastewater Treatment: Public/Pnvate Partnership Case Study," Van- couver Public Works, 4 pp. Call EPA's Public Information Center at 206/553-4973 or 1 -800/ 424-4EPA for a copy. page 5 ------- V / CROSS MEDIA CROSS MEDIA PROGRAMS SARA TITLE III: THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT SARA Title III has two purposes: to encour- age and support emergency planning for responding to chemical accidents, and to provide local governments and the public with timely and comprehensive information about possible chemical hazards in communities. Does the Emergency Planning and Com- munity Right-to-Know Act apply to my community? Yes, the chemicals in your community may pose a threat to citizens and to those individu- als being asked to respond to emergencies involving hazardous substances. All facilities in your community storing certain hazardous chemicals (excluding specified quantities) must provide information to government agencies and local communities. Also, if there is a chemical accident, and if the accident results in the release of any one of a large number of hazardous substances, immediate notifica- tion must be made to governmental agencies. The law provides stiff penalties for facilities that do not comply, and it allows citizens to file lawsuits against companies and government agencies to force them to obey the law. What are the requirements under this law? The law, passed in October 1986, had many requirements and deadlines associated with its passage. For example, governors were required to establish State Emergency Re- sponse Commissions (SERCs); facilities subject to emergency planning requirements were required to notify their state commis- sions; and SERCs were required to appoint Local Emergency Planning Committees (LEPCs). LEPCs were required to analyze hazards and develop a local emergency plan to respond to chemical emergencies in each local district. Additionally, the LEPC must exercise, review and update the plan annu- ally, informing the public of these activities. The LEPC has other responsibilities besides developing an emergency response plan. It receives emergency release and hazardous chemical inventory information submitted by local facilities, and must make this information available to the public upon request. Title III requires owners and operators of facilities storing specified hazardous sub- stances to report to the LEPC within 60 days. As a result, the law allows small communities to identify what needs to be done at the local level to better deal with chemical emergen- cies. Facilities may also be required to report annu- ally to the LEPCs and fire departments on the chemicals stored at their facilities. This re- quirement assists response units in dealing with emergencies and provides the public with information about the chemicals beincfused in their communities. Another reporting requirement, the Toxics Re- lease Inventory, requires that manufacturers meeting certain criteria report releases of chemicals from their facilities. The annual reporting requirement covers routine as well as emergency releases and covers more than 300 toxic chemicals. The report covers re- leases to all environmental media-air, water, land and transfers of chemicals to other facili- ties. Beginning in 1992, facilities will also page 6 ------- CROSS MEDIA PROGRAMS / \ report information on Pollution Prevention measures taken at the facility. If the Emergency Planning and Commu- nity Right-to-Know Act applies, what should I do? As a local official you should insist on com- plete planning and adequate preparation for an emergency. Review the membership list of your Local Emergency Planning Committee (LEPC). Make sure it is fully representative of the community and includes individuals from citizen groups, fire departments, public insti- tutions (hospitals, schools, state and local governments), medical, industry and busi- ness fields, and farmers. It is important not only to participate in emergency planning but to also communicate with the public. Become familiar with the law so that you will know what tools are available to the commu- nity to better assess and manage risks pres- ent within the community. Identify what needs to be done at the local level to better prepare the response community to deal with and prevent chemical emergencies. Additional Information EPA, Region 10, Emergency Response Team Andy Merget, 206/553-0279 SARA Title III Hotline, 1-800/535-0202 page 7 ------- v J CROSS MEDIA CROSS MEDIA PROGRAMS ASBESTOS On October 22, 1986, the President signed the Asbestos Hazard Emergency Response Act (AHERA) into law. The Act required EPA to develop regulations creating a comprehen- sive framework for addressing asbestos haz- ards in schools. The Act required EPA to construct a model accreditation program for individuals who conduct inspections for as- bestos, develop management plans, and perform abatement work. Other provisions of AHERA require all public and pnvate elementary and secondary schools to conduct inspections for asbestos-contain- ing building materials, develop management plans, and implement response actions in a timely fashion. Specifically, each local educa- tion agency (or LEA, which means a public school district or private school) must do the following: -Designate and train a person to oversee asbestos-related activities in the LEA (desig- nated person). -Inspect every school building for both friable and nonfriable asbestos-containing building materials. -Prepare a management plan for managing asbestos and controlling exposure in each school and submit that plan to the appropriate state agency. The plan should include a time frame for implementation of recommended actions. -Use only properly accredited persons to conduct inspections and develop the asbes- tos management plan. Accredited personnel must also conduct the required triennial rein- spections. -Provide custodial staff and short-term work- ers with information about the location of any asbestos-containing materials. Post warning labels as required. -Provide custodial and maintenance staff with two hours of awareness training and an addi- tional 14 hours of training for employees whose duties may cause them to disturb asbestos. This additional training must include proper work practices and the use of protective equip- ment when disturbing asbestos-containing materials. -Notify parents, teachers, and other school employees about the asbestos inspection and the availability of the asbestos management plan for review. -Utilize properly accredited individuals to design and conduct asbestos abatement actions that are necessary and appropriate to protect health and the environment. These actions or meth- ods must be documented in the management plan. -Keep records of all asbestos-related activi- ties in the plan and make them available for public review. -Inform employees and building occupants or their legal guardians annually regarding the management plan availability and related ongoing activities pertaining to implementa- tion. Management plans were submitted to state agencies on or before May 9, 1989, as man- dated by the provisions of AHERA. LEAswere required to begin implementation of their management plans by July 1989. LEAs are page 8 ------- CROSS MEDIA PROGRAMS requiredto update and maintain management plans to reflect activities with ongoing opera- tions and maintenance, periodic surveillance, inspection, reinspection, and response action activities. What help is available? EPA has established several programs to assist schools in assessing and managing their asbestos related problems. Through its Headquarters office in Washington, DC and the Regional office, EPA provides direct tech- nical assistance to help school officials, school employees and parents better understand asbestos issues. EPA provides funds to as- sist states in developing asbestos programs, and to help schools comply with federal as- bestos regulations. Under the Asbestos School Hazard Abate- ment Act (ASHAA) program, EPA provides financial aid to schools in the form of interest- free loans, grants, or a combination of both. Additional information EPA Region 10 toll-free number: 1-800/424-4EPA EPA Toxic Substances Control Act (TSCA) hotline: 202/554-1404 ASHAA Asbestos Hotline (Schools): 1-800/462-6706 EPA has an asbestos ombudsman to help citizens with asbestos-in-schools issues, questions, and complaints. Call 1-800/462- 6706. Call 1-800/424-4EPA to obtain the following documents, free of charge: "Managing As- bestos in Place, A Building Owner's Guide to Operations and Maintenance Programs for Asbestos-Containing Materials," The ABCs of Asbestos in Schools," "100 Commonly Asked Questions About the New AH ERA Asbestos- in-Schools Rule," and "Asbestos in the Home." How do I obtain more information? Under AHERA, LEAs afford citizens the op- portunity to become familiar with asbestos activities in their respective school districts. The initial point of contact to obtain informa- tion on asbestos activities is the LEA desig- nee. This individual is most familiar with the asbestos situation in your local school. Addi- tionally, state AHERA designees and local, state, and national parent and teacher organi- zations are excellent sources for requesting information on asbestos activities. page 9 ------- CROSS MEDIA CROSS MEDIA PROGRAMS INDOOR RADON Radon is a naturally occurring radioactive gas that comes from the natural breakdown (ra- dioactive decay) of uranium in soil, rock and water. Radon can move up through the ground to the air above and into homes and other buildings through cracks or holes in the foun- dation, and other entry points. The home can act to trap radon gas, especially when the home is closed, increasing indoor radon lev- els. Most soils contain varying amounts of uranium, and therefore, elevated radon levels have been found in homes, schools and build- ings throughout the U.S. Long-term exposure to elevated radon levels increases a person's risk of contracting lung cancer. The health hazard from radon arises from inhaling its radioactive decay products. The Surgeon General has warned that radon is the second leading cause of lung cancer in the U.S. today. For persons who smoke, the health risk of elevated radon levels is espe- cially high. EPA has established an action level for indoor radon levels of 4 pci/l (picocuries per liter). Nearly one out of every 15 homes in the U.S. is estimated to have radon levels that exceed the action level. EPA has established atesting procedure for testing homes, schools and buildings. This procedure is described in the "Citizen's Guide to Radon." In 1988, Congress enacted the Indoor Radon Abatement Act (IRAA) with the goal of reduc- ing indoor radon levels to levels found in outside air. Among other provisions, IRAA provided funds for state governments to es- tablish radon programs and to assist local governments and communities in encourag- ing residents to test for radon and mitigate elevated radon levels. IRAA also required EPA to develop a national description of radon levels in homes and schools throughout the country. To date, 40 states and seven Indian Nations in conjunction with EPA have con- ducted radon residential screening surveys to characterize statewide radon distributions. Additionally, about 1,200 schools were tested in the winter of 1991. Results of the National School Radon Survey should be available in June 1992. IRAA also required EPA to develop a program to evaluate radon mitigation contractors and radon measurement labs. In response, EPA established four regional radon training cen- ters to train radon professionals. EPA also developed a national proficiency exam to test the knowledge of radon contractors. Contrac- tors who pass the exam are listed on the Radon Contractor Proficiency (RCP) list. As of February 1991, about 1,200 contractors were included on the RCP list. Does the radon program apply to my community? Local communities, in concert with state gov- ernments, play a vital role in reducing the public health risk of radon. It is likely that there are homes, day care centers, schools or commercial buildings in your community that have elevated indoor air concentrations of radon. Currently, most radon-related policies are non- regulatory. EPA, state and local governments have focused their energies toward educating the public about the health risk of radon and encouraging voluntary testing of homes and buildings. Some states, however, have devel- oped radon regulations, including certification of radon professionals and mandatory testing of all public schools. Additionally, by the end of 1991, model building codes for new con- struction will be developed that may be incor- page10 ------- CROSS MEDIA PROGRAMS porated into the building codes of local juris- dictions. Finally, Congressional attention has been directed toward required radon testing during real estate transactions that involve federal agencies, such as FHA or HUD. Local governments can act to protect their residents from radon in several ways: first, through developing radon education and out- reach programs; second, by working in con- junction with the state radon office and com- munity organizations such as the American Lung Association, to elevate local attention to this important health risk; third, by encourag- ing voluntary testing in local communities; fourth, by ensuring that local radon contrac- tors are RCP-listed; finally, through adopting radon-resistant building codes for new con- struction, such as the model codes currently proposed by EPA. Actions your community should be taking Contact your state radon office (listed below). Request their assistance (both substantive and financial) in providing you with public information about radon, including citizen guides to radon, current lists of radon contrac- tors and measurement firms, and the status of state regulatory programs. Become familiar with the health risks associated with radon, as well as the ways radon enters homes and buildings. Identify ways to educate the com- munity about radon and to encourage volun- tary testing. Further information on radon in your local area can be obtained from the following sources: EPA Region 10 Radon Program 1200 Sixth Avenue, AT-082 Seattle, WA98101 1-800-424-4EPA (AK, ID, OR, WA) Washington Department of Health Radiological Health Section Airdustrial Bldg. 5, LE-13 PO Box 47827 Olympia, WA 98504-7827 Radon Hotline: 1-800-323-9727 (in state) Oregon Health Division, Radon Program, 1400 Southwest Fifth Avenue PO Box 231 Portland, OR 97207 (503) 229-5727 Idaho Department of Health and Welfare Office of Environmental Health 450 West State Street Boise, ID 83720 Radon Hotline: 1 -800-445-8647 (44 LUNGS) (in state) Alaska Dept. of Health and Social Services Radon Program PO Box H Juneau, AK 99811 -0613 AK Coop. Extension Radon Hotline: 1-800- 478-8324 (in state) Additional Information EPA toll-free radon hotline: 1-800/SOS-RADON. page 11 ------- air AIR PROGRAM CLEAN AIR ACT AMENDMENTS Many areas in the Northwest have airpollution levels in excess of the national health based standard for fine particulate matter (particles small enough to be breathed deep into the lungs where they can cause long term and short term health problems). Woodstove usage is a major source of this pollutant and viola- tions of the standard have been measured in many communities both large and small. Communities with high particulate levels may be subject to requirements developed by their state air agency to reduce the emissions of this pollutant. Even communities with particu- late levels below the standard may be subject to these requirements in order to maintain healthy air quality. In some areas, the community will be respon- sible for implementing part or all of these requirements. Elsewhere, the state or local air agency will implement all of the require- ments with little or no community involvement. Two examples of programs that small com- munities may be required to implement in order to lower their particulate levels are: (1) temporary bans on woodstove usage during air stagnation events and (2) road paving. New regulations, already promulgated under the CAA, require the capture and recycling of chlorofluorocarbons (CFCs) from motor ve- hicle air conditioning units and the certification of workers. Regulations will soon be promul- gated to require recycling of CFCs from refrig- eration and air conditioning units, also. Communities that service their own vehicles and equipment will need to comply with these rules. In addition, CFCs will be phased out over the next ten years. Purchasing depart- ments may need to find alternative products (many common products still contain CFCs, including some aerosols, glues, and solvents). Other CAA requirements that could impact small communities in the future include new regulations governing publicly owned treat- ment works (wastewater treatment plants), sewage sludge incineration, and municipal waste incineration. These new regulations will be promulgated by EPA over the next four years. In addition, renewable permits will be required beginning in 1993. Fees will be charged for these permits based on the amount of all pollutants that the facility emits. These per- mits will be issued by the state or local air agency or by EPA if the state fails to develop an adequate program. The CAA also greatly strengthened state and federal air enforcement. Sources of air pollu- tion, including sources operated by govern- ment entities, in violation of their permit or any CAA requirement, could be subject to larger fines and enhanced criminal enforcement. Action my community should be taking Small communities should work with their state or local air agency to determine what new standards may apply to them over the next few years. Small communities may want to work with their state air agency and/or their state legislatures to assure that their needs are addressed as states develop the legisla- tion and regulations needed to implement the federal Clean Air Act. page 12 ------- AIR PROGRAMS Additional Information The following documents can be requested by calling EPA's Public Information Center at 206/553-4973 or 1-800/424-4EPA: Washington Department of Ecology Air Quality Program Mail Stop PV-11 Olympia, WA 98504 206/459-6000 "The Clean Air Act Amendments of 1990: Summary Materials," U.S. EPA, Novem- ber 15, 1990 "Implementation Strategy for the Clean Air Act Amendments of 1990," U.S. EPA, January 15, 1991 "Reducing Hazardous Air Pollutants: In- troducing EPA's Innovative Early Reduc- tions Program," U.S. EPA, August 1991 Information on the federal Clean Air Act: EPA, Region 10 1200 Sixth Avenue, AT-082 Seattle, WA 98101 206/553-5810 or 1-800/424-4EPA Information on state requirements: Alaska Dept. of Environmental Quality Air Quality Management Section 410 Willoughby Avenue Juneau, AK 99801-1795 907/465-5100 Idaho Division of Environmental Quality 1410 North Hilton, Statehouse Mail Boise, ID 83720-9000 208/334-5898 Oregon Dept. of Environmental Quality Air Quality Division " 811 SW Sixth Avenue Portland, OR 97204 503\229-5359 page 13 ------- LAND LAND PROGRAMS RCRA HAZARDOUS WASTE PROGRAM, SUBTITLE C Hazardous waste is prevalent throughout all levels of commerce and industry. Wastes are identified as hazardous if they pose a potential danger to human health and/or the environ- ment when not properly treated, stored, trans- ported, disposed, or otherwise managed. Potential dangers include explosions, fires, corrosive destruction of materials, chemical reactions, and/or health impairing exposure to toxic chemicals. The greater the quantity or concentration of chemicals exhibiting any of these dangers, the greater the need to assure their proper management. In 1976, Congress enacted the Resource Conservation and Recovery Act (RCRA) as the primary regulatory vehicle to assure that hazardous waste is properly managed from the point of its generation to its ultimate dis- posal or destruction, i.e., "from cradle to grave." Subtitle C of RCRA establishes a very com- plex and comprehensive set of requirements to define what hazardous waste is subject to regulation, as well as the responsibilities of anyone who generates, transports, stores, treats, disposes or otherwise manages haz- ardous waste. At this time, wastes generated by individual households, many of which may still exhibit some of the dangers described above, are not subject to federal RCRA Sub- title C hazardous waste requirements. Currently, there are three categories of haz- ardous waste generators under the RCRA program requirements: -Full Generator - Facilities that generate more than 1000 kilograms per month of any hazard- ous waste or more than 1 kilogram of any "acute" hazardous waste. A kilogram is ap- proximately 2.2 pounds and 1000 kilograms is approximately five 55 gallon drums of mate- rial. -Small Quantity Generator - Facilities that generate less than 1000 kilograms per month of hazardous waste but more than 100 kilo- grams per month (approximately one half 55 gallon drum). Small quantity generators are given additional time to comply with new regu- lations and for on-site storage of their waste. -Conditionally Exempt Small Quantity Gen- erator - Facilities that generate less than 100 kilograms a month of any hazardous waste are conditionally exempt from RCRA Subtitle C regulations. These facilities may generally dispose of their waste in accordance with state "solid waste" requirements and the re- quirements of the Part 257 and Part 258 EPA federal criteria under the Subtitle D program (Municipal Solid Waste Landfill Critena). Does the RCRA Subtitle C Program apply to my community? It is very likely that some types of hazardous waste are generated by businesses in your community or by your municipal facility opera- tions themselves. Because hazardous waste includes things like solvents, corrosives, and materials containing heavy metals like chrome, cadmium, and lead, vehicle maintenance shops often generate hazardous waste that may be subject to Subtitle C requirements. Any dis- carded material must be evaluated to deter- mine if it has been listed by EPA as hazardous waste or if the waste exhibits any of the following characteristics: ignitability, corrosiv- ity, reactivity, or toxicity as determined by the Toxic Characteristic Leaching Procedure (TCLP) test. In addition to used materials which might be considered hazardous waste, you must also be careful with your management of products page 14 ------- LAND PROGRAMS [""H uSd that no longer are wanted or needed, and you now wish to discard. Leftover pesticides from grounds-keeping operations, old paint and paint thinner, etc. must be fully evaluated before you determine what you are going to do with the waste. EPA has identified several hundred chemical products which, if disposed of, would also be considered "listed hazard- ous waste." Another area of possible concern for your community would be the operation of a trash collection system and/or a municipal landfill. Normally, because household wastes are currently exempt from RCRA Subtitle C, municipal landfills are regulated under a pro- gram referred to as the "Subtitle D Municipal Solid Waste Landfill Criteria" which is intended to ensure proper management of the munici- pal landfill. However, the addition of any hazardous commercial or industrial waste materials collected and/or co-disposed with household materials might tngger Subtitle C jurisdiction over the entire facility. Timetable RCRA regulations were first published by EPA in 1980 and are penodically amended to add new wastes subject to the program. Once you determine that you are a handler of hazardous waste (i.e., either generating, storing, trans- porting, etc.), you must notify EPA and/or the State Hazardous Waste Office of your activity and receive an EPA RCRA identification number. Different timetables and responsibilities apply to the different activities. Generators may accumulate waste onsite for up to 90 days without triggering a requirement to obtain a storage permit. Small quantity generators have up to 180 days. Securing a permit authorizing the treatment, storage, or disposal of hazardous waste can be an expensive and lengthy process. Action your community should be taking Become familiar with the kinds of waste mate- rials that are subject to RCRA regulation. Identify ways to reduce or recycle chemicals that are generating waste. Find non-toxic substitute products for hazardous chemicals. Buy the right amount of chemicals you need, not more. Try to find someone to use un- wanted, unused chemicals rather than throw- ing them away. Become familiar with the industrial facilities served by your community. Understand how they manage dangerous and hazardous waste. Additional Information The RCRA Subtitle C regulations are pub- lished at 40 CFR Part 260 through Part 272. Part 261 defines what materials are hazard- ous waste and therefore subject to RCRA re- quirements. Many states have been approved by EPA to apply and enforce the federal RCRA hazard- ous waste requirements. You may wish to contact your state environmental agency to get more information on howyourstate offices are involved. EPA has also established a toll-free RCRA Hotline to answer questions regarding the applicability or interpretation of the RCRA regulations. The RCRA Hotline number is 1- 800/424-9346. page 15 ------- LAND PROGRAMS SUBTITLE D MUNICIPAL SOLID WASTE LANDFILL CRITERIA The Subtitle D Municipal Solid Waste Landfill Criteria final rule was promulgated on October 9, 1991. This rule sets requirements for municipal solid waste landfills. It covers loca- tion restrictions, facility design and opera- tions, ground-water monitoring, corrective action measures, and conditions for closing, post-closure care, and financial assurance. In general, the regulations apply to all munici- pal landfills that receive waste after October 9, 1993. If a landfill stopped taking waste before October 9, 1991, the requirements do not apply. If it stops taking waste after October 9, 1991, but before the 1993 effective date, the facility has to comply only with the rule's final cover requirements. Landfill owners/operators which receive waste on or after October 9,1993 must comply with the majority of the final criteria requirements. However, the ground-water monitoring and corrective action requirements are phased-in, allowing up to five years for compliance. Landfill owners/operators must have financial mecha- nisms covering closing costs, post-closure care, and cleanups 30 months after publica- tion in the FEDERAL REGISTER. Municipal solid waste is defined as containing household waste, which may also include non-hazardous waste generated by indus- tries, commercial establishments and institu- tions. Does the rule apply to my community? Since small communities operate about 50 percent of the landfills potentially affected by this rule, EPA carefully considered their con- cerns. In this rule, small landfills serve com- munities that dispose of less than 20 tons of municipal solid waste per day. Certain small landfills are exempt from the design, ground- water monitoring, and corrective action re- quirements. To qualify for an exemption, a small landfill must not be causing ground-water contami- nation and must be located in either an area which experiences three months continuous interruption of surface transportation, such as in Alaska, or located in a dry climate with no more than 25 inches of precipitation per year and whose communities have no practicable waste management alternative. Implementation The final Part 258 criteria establish minimum national standards for protecting human health and the environment. Implementation of solid waste programs remains largely a state and tribal responsibility. Consequently, they will need to incorporate these standards into their permitting programs to ensure that landfills are being operated properly. EPA will evalu- ate each state and tribal program to determine its adequacy for safely managing municipal solid waste. States and tribes that apply for, and receive, EPA's approval of their program are provided extensive flexibility in implementing the regu- lations. EPA has the authority to enforce the regulations only in those states that EPA de- termines do not have adequate permitting programs. Self implementation of the federal minimum national standards by owners/op- erators is a key aspect of the new Part 258 criteria. Citizens may seek enforcement of the federal rule through the citizen's suit provision of Section 7002 of RCRA. page 16 ------- LAND PROGRAMS Action your community should be taking Be prepared to either not accept waste by October 1993 or upgrade to meet the new municipal solid waste landfill critena and any more stringent requirements of the state or tribal program. Develop community education and recycling programs. Plan and prepare solid waste management and disposal options. Additional Information EPA Region 10, Solid Waste Program Steve Sharp, 206/553-6517 EPA's RCRA Hotline, 1-800/424-9346 40 CFR Part 258, regulations under RCRA Subtitle D, Criteria for Municipal Solid Waste Disposal Facilities. ~ LAND page 17 ------- LAND PROGRAMS UNDERGROUND STORAGE TANKS What is an Underground Storage Tank? An Underground Storage Tank (UST) is any tank, including underground piping connected to the tank, having at least 10 percent of its volume underground. What areas do the UST regulations cover? The regulations (40 CFR 280) cover notifica- tion (registration), performance standards for new and existing tanks, tank closure, cleanup activities, financial responsibility, reporting, and recordkeeping. Do the UST regulations apply to all under- ground storage tanks? No. Some exclusions are: 1. Farm or residential tanks holding 1,100 gallons or less of motor fuel used for non- commercial purposes (must meet all 4 condi- tions to qualify for this exclusion) 2. Tanks storing heating oil which is used on site 3. Emergency spill or overfill containment UST systems 4. Septic tanks and systems for collecting storm or wastewater 5. Wastewater treatment tanks regulated under the Clean Water Act 6. Tanks whose capacity is 110 gallons or less 7. Storage tanks on or above the floor of an underground area, such as a basement, tun- nel or vault 8. Field-constructed tanks Timetables EXISTING TANK LEAK DETECTION Leak detection for tanks installed before December 1988 is phased-in depending on when the UST was installed. Existing Tanks Installed: Leak Detection* Required Bv: Before 1965 or unknown 1965- 1969 1970 - 1974 1975- 1979 1980 - December 1988 After December 1988 December 1989 December 1990 December 1991 December 1992 December 1993 At the time of installation *This means a minimum of daily inventory and annual tightness test. Existing Piping. Pressurized Piping Suction Piping Leak Detection is Required Bv: December 1990 Same as Existing Tanks NOTE. All tanks must upgrade their leak detection to a monthly monitoring system (i e, vapor or groundwater monitors, in-tank level sensors or interstitial monitors) by December 1998. EXISTING TANK UPGRADES Corrosion protection (cathodic protection system, intenor lining, or interior lining and cathodic protection system com- bined) and spill and overfill devices (catchment basins and either automatic shutoff devices, overfill alarms, orballplant values) must be added by December 1998. page 18 ------- LAND PROGRAMS LAND NEW TANKS New tanks and piping (those installed after December 1988) must have leak detection, corrosion protection, and spill and overfill prevention devices at the time of installation. If the UST regulations do apply, what must the owner do? and non-marketers with less than 100 USTs at one site are required to comply by December 31,1993. Cities, counties, and other local public entities will have one year from the date which EPA issues its final rule on additional mechanisms for local government financial responsibility. EPA expects to issue the rule in early 1992. 1. Ensure tanks are registered with the state (or, for Indian lands, with EPA). 2. Venfy that the stored contents are compat- ible with the tank's interior walls. 3. Equip the UST with devices that prevent spills and overfills by December 1998. 4. Protect the tank and piping from corrosion or structural failure by upgrading or replacing it by December 1998. 5. Equip the tank and piping with leak detec- tion within the specified time frames. 6. Obtain financial assurance. Be financially responsible for the cost of cleaning up a leak or compensating other people for bodily injury and property damage caused by the leaking UST. The financial responsibility requirement has been phased in over several years with petro- leum marketers owning 1,000 or more tanks, as well as non-marketers with more than $20 million in tangible net worth, required to com- ply by January 1989. Marketers owning be- tween 100 and 999 USTs were required to comply by October 1989. Marketers owning between 13 and 99 were required to comply by April 1991. Marketers with one to twelve USTs, or with less than 100 USTs at one site; I own tanks to which regulations apply, but I'm not using them, what should I do? Follow closure requirements for tanks tempo- rarily or permanently closed. (Note: Tanks not used forthree to twelve months can be tempo- rarily closed.) Beyond 12 months, for perma- nent closure, the tank will must be emptied, cleaned, and filled with inert, solid material. A site assessment must also be completed, and, if contamination is found, the site must be cleaned to state standards. If a leak or spill should occur, what must be done? 1. Contact the local fi re department to ensure that it does not pose a hazard to human health and safety. 2. Tell the state UST agency within 24 hours; the regulatory authority will decide if (or how) you must take further action. 3. If closure is necessary, work with the state agency to assure closure and site assess- ment procedures are met. 4. Assume financial responsibility for taking corrective measures and compensating indi- viduals who are harmed by leaks or spills from USTs that store petroleum products. page 19 ------- LAND LAND PROGRAMS What are the reporting requirements? Generally, tank owners must contact the state at installation, removal, and when a leak is suspected. However, many states also issue annual operating permits. Check with your state agency for the particular reporting re- quirements in your state. If your UST facility is within the boundaries of an Indian Reserva- tion, you report directly to EPA. Additional Information EPA Region 10 Underground Storage Tank Program: For UST publications or information about tanks on Indian lands: Vickey Stansberry, 206/553-2580. Fortechnical assistance: EricWilmanns, 206/ 553-1587. For regulatory interpretations: Denise Baker, 206/553-2115. State program contacts will also be able to provide additional information on state and local programs. \ WASHINGTON: 1-800/826-7716 OREGON: 1 -800/742-7878 IDAHO: 208/334-5860 ALASKA: 907/465-5200 V / page 20 ------- WATER PROGRAMS WATER AND WETLANDS PROTECTION PROGRAM 6 The goal of the Federal Water Pollution Con- trol Act of 1972 (later amended and renamed the Clean Water Act) is to restore and main- tain the chemical, physical and biological in- tegnty of U.S. waters, including wetlands. Protection of U.S. waters and wetlands in- volves several federal agencies (primarily the U.S. Army Corps of Engineers, U.S. Environ- mental Protection Agency, U.S. Fish and Wild Life Service, and Soil Conservation Service) plus many sate agencies (usually State De- partments of Environmental Quality, Health, Conservation, Transportation, Agriculture and others). U.S. waters include lakes, streams, rivers, wetlands and coastal water. Wetlands in- clude saturated or flooded areas where there is a prevalence of aquatic or hydrophytic vegetation, such as in swamps, marshes, bogs and other similar areas. Wetlands are important because they can provide critical habitat for fish and wildlife, improve water quality, and help control flood- ing and erosion. They can also serve as public water supplies and provide recreational op- portunities. Protecting these U.S. waters and wetlands means virtually any type of activity which affects or may potentially affect them could require a regulatory review prior to the activity commencing. Violation of the Clean Water Act and related environmental protection laws can involve stiff penalties, including fines, requirements to restore the area, and poten- tially impnsonment for knowing and willful criminal violations of the law. Action my community should be taking Check before you act. The three agencies most frequently involved are: 1. U.S. Department of Defense, Army Corps of Engineers 2. U.S. Environmental Protection Agency 3. U.S. Department of Interior, Fish and Wild life Service Contact each of these agencies prior to com- mencing activities which might affect the chemical, physical or biological integrity of any U.S. waters or wetlands. If you are considering conducting farming activities in wetlands, you should check with the U.S. Department of Agriculture's Soil Conserva- tion Service regarding compliance with the Food Securities Act (the Farm Bill). Additional Information The Wetlands Protection Hotline operates Monday through Friday, excluding Federal holidays, from 9:00 a.m. to 5:30 p.m. (EST). The Hotline number is 1-800/832-7828. EPA's Public Information Center can offer you various publications on wetlands protection free of charge, including "America's Wetlands: Our Vital Link Between Land and Water." Call 1-800/424-4EPA. You may also be interested in the following statutory and regulatory documents related to wetlands protection: -The Clean Water Act of 1977 (33 U.S.C. 1251-1376) -The Food Securities Act of 1990 page 21 ------- [5 -The National Environmental Policy Act of 1969 (42 U.S.C. 4321) -Fish and Wildlife Coordination Act of 1934, amended 1946, 1958, 1977 (16 U.S.C. 661- 667e) - River and Harbor Act of 1899, Section 10 Hazardous Waste -Marine Protection, Research and Sanctuar- ies Act of 1972, as amended (33 U.S.C. 1431) -The Coastal Zone Management Act of 1972 (16 U.S.C. 1451) -The Endangered Species Act of 1973 (16 U.S.C. 1531) -U.S. Army Corps of Engineer Regulations (33 CFR 320-330) -U.S. Environmental Protection Agency (40 CFR 230, also known as the 404(b)(1) guide- lines) -Executive Order 11990, May 25,1977, pages 26961-26965 WATER PROGRAMS page 22 ------- WATER PROGRAMS WAthi DRINKING WATER PROGRAMS The Safe Drinking Water Act requires EPA to set minimum national drinking water stan- dards, limiting the amount of various contami- nants that are sometimes present in drinking water. Standards have been set for a large number of these contaminants including micro- biological contaminants, inorganic chemicals, organic chemicals, and radionuclides. In 1986, the Act was amended to increase the protection of our nation's water supply. The amendments banned future use of lead pipe and solder in public drinking water systems and required increased protection of ground water, often a primary source of drinking water. Most systems using surface water sources are required to filter drinking water that is not adequately protected from contamination. Disinfection is also required. Does the Safe Drinking Water Act apply to my community? Yes, every public water supply with at least 15 service connections, or serving 25 or more people, must meet the minimum standards. Periodic sampling is required for many poten- tial pollutants. If a national standard has been violated, the supplier is required to notify the appropriate state agency and the public, and take steps to correct the problem. Action your community should be taking Rules have been in effect for protecting your drinking water supplies for many years, and new regulations are expected in the future. This summary provides only limited informa- tion about your responsibilities as a drinking water supplier. It is your responsibility to be informed about current and upcoming regula- tions and requirements. Contact your state agency (listed below) for more information, technical help, or for information regarding application for financial assistance. Additional information Alaska Drinking Water Program Manager Alaska Dept. of Environmental Conservation 410 Willoughby Avenue, Suite 105 Juneau, Alaska 99801-1795 phone: 907/465-2656 fax: 906/586-1391 Idaho Drinking Water Program Manager Division of Environmental Quality Idaho Department of Health and Welfare 1401 North Hilton Boise, Idaho 83706 phone: 208/334-5860 fax: 208/334-5694 Oregon Drinking Water Program Manager Oregon State Health Division PO Box 231 Portland, Oregon 97207 phone: 503/229-6302 fax: 503/226-1355 Washington Drinking Water Program Manager Washington Department of Health Mail Stop LD-11 Olympia, Washington 98504 phone: 206/753-1280 fax: 206/753-5529 EPA Region 10 Drinking Water Program: Call 206/553-1223; a receptionist will forward you to the appropriate contact person. page 23 ------- f \ WAYtifc WATER PROGRAMS EPA's Safe Drinking Water Act Hotline: 1-800/426-4791 The National Drinking Water Clearinghouse provides information about the Safe Drinking Water Act Amendments, utility management and technical, financial and health-related topics to small communities. Services include a free quarterly newsletter, electronic bulletin board system, toll-free technical assistance/ referral line, and various databases and pub- lications. For more information call 1-800/ 624-8301. "Protecting Our Drinking Water From Microbes" "General Public Notification for Public Water Systems" Helpful publications The following EPA publications and pamphlets are available free of charge from the Safe Drinking Water Hotline, 1-800/426-4791: "Safe Drinking Water Act, 1986 Amendments" (booklet summary) "Is Your Drinking Water Safe?" "Removal of Excess Flouride in Drinking Water" "Flouridation Engineering Manual" "Lead and Your Drinking Water" "Pesticides in Drinking-Water Wells" "Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water" "A Study of Possible Economical Ways of Removing Radium From Drinking Water" page 24 ------- WATER PROGRAMS Win* WELLHEAD PROTECTION PROGRAM The 1986 Amendments to the Safe Drinking Water Act (SDWA) require each state to de- velop a Wellhead Protection (WHP) Program. This legislation established a nation-wide program to help states develop systematic and comprehensive programs within their jurisdictions to protect public water supply (PWS) wells and wellfields from contamina- tion. Under the SDWA, Section 1428, each state must develop a WHP Program that consists of the following seven elements: 1. Specified roles and duties of state agen- cies, local government entities, and public water suppliers, with respect to WHP Pro- grams; 2. Process for delineating the development and implementation of a wellhead protection area (WHPA) for each wellhead; 3. Process for identifying sources of contami- nation within each WHPA; 4. Management approaches to protect the water supply within WHPAs from such con- taminants; 5. Contingency plans for each public water supply system to respond to well or wellfield contamination; 6. Properly sited new wells to maximize yield and minimize potential contamination; and 7. Public participation. Action your community should be taking The Wellhead Protection Program requires the participation of all levels of government. The Federal Government is responsible for approving State Wellhead Protection Programs and for providing technical support to state and local governments. States must develop and implement Wellhead Protection Programs that meet the requirements of the SDWA Amendments. But it is at the local level that wellhead protection is truly and most appropri- ately implemented. Local communities are often in the best position to implement meas- ures to ensure that wellhead areas are prop- erly protected from contamination. Local governments typically implement zon- ing decisions, develop land-use plans, over- see building and fire codes, implement health requirements, supply water and sewer serv- ices, and enforce policepowers. Each of these local powers may be used to protect the qual- ity of local aquifers. Local cities and counties are also often the innovators in developing wellhead protection programs by applying combinations of man- agement techniques (e.g..zoning and source prohibitions) to meet unique local conditions. Localities often protect ground water as part of larger projects, such as developing growth management plans or economic development efforts. In close cooperation with regional, state and federal agencies, local governments can take positive steps to protect their well- head areas. Oregon, Idaho, and Washington are currently developing state wellhead protection programs, which will guide the development of local wellhead protection plans. Local governments and water supply utilities are encouraged to work closely with their state as it develops the wellhead protection program. Additional Information EPA, Office of Ground Water, Dru Keenan, 206/553-1219 Ground Water Protection Document Request Hotline, 1-202/382-7779 page 25 ------- V MATH WATER PROGRAMS WASTEWATER PROGRAMS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM The NPDES Permitting Program is one of the centerpieces of the Clean Water Act's water pollution control programs. The Act estab- lished a national policy to restore and maintain the chemical, physical and biological integrity of the nation's waters. According to the Act, any operator of a discrete source of wastewa- ter (known as a "point source") must obtain a permit which regulates the facility's discharge of pollutants into waters of the United States (such as streams, lakes, wetlands, etc.). NPDES permits generally specify monitoring and reporting provisions and establish limits on the types and amounts of pollutants that can be discharged by the source. Regulated pollutants include conventional pollutants, such as suspended solids; nonconventional pollut- ants, such as ammonia; and toxic pollutants, such as heavy metals and toxic organic com- pounds. Many small communities operate wastewater treatment plants, also known as Publicly Owned Treatment Works, which discharge to waters of the U.S. and therefore require permits. In more limited cases, municipalities may own or operate industrial facilities which require NPDES permits. In the states of Alaska and Idaho, the Environmental Protection Agency is the permit issuing authority. In the states of Oregon and Washington, the state environ- mental agencies are responsible for permit issuance. Contacts are provided below. To ensure the most effective operation of your wastewater treatment plant, small communi- ties are encouraged to also review the "Sew- age Sludge" and "Pretreatment Requirements" sections of this handbook. Action your community should be taking Maximize community awareness and educa- tion concerning wastewater collection and disposal, available treatment alternatives, funding resources and procedures for imple- menting the most appropriate wastewater collection and treatment facility. Numerous technical and administrative resources are available at little or no cost to the community. Some contacts and resources follow. Contacts For questions about NPDES permitting: Alaska. Idaho EPA Region 10 Water Permits Section 1200 Sixth Avenue, WD-134 Seattle, WA 98101 (206) 553-1644 Oregon Oregon Department of Environmental Quality Water Quality Division 811 SW Sixth Avenue Portland, OR 97204 (503) 229-5325 Washington Washington Department of Ecology Water Quality Point Source Manager Mail Stop PV-11 Olympia, WA 98504 (206) 459-6000 For information on developing or improving a small community wastewater treatment plant, page 26 ------- WATER PROGRAMS IMAKft including issues such as financial capability, offered include free newsletters, computer operations and maintenance, alternative tech- bulletin-boards with on-line conferences, and nologies, constructed wetlands, etc., contact: publications. For more information call 1 -800/ 624-8301. Small Community Outreach Coordinator EPA Region 10 1200 Sixth Avenue, WD-085 Seattle, WA 98101 (206) 553-8178 Additional Information Federal Water Pollution Control Act (Clean Water Act) of 1972 (33 U.S.C. 1342). 40 CFR Parts 122-125 (National Pollutant Discharge Elimination System Regulations). "A Primer on the Office of Water Enforcement and Permits and its Programs," U.S. EPA, March 1990. Call EPA Region 10, (206) 553- 1644 for a free copy. "A Water and Waste Manager's Guide for Staying Financially Healthy." EPA 430-09-89- 004, July 1989. Call 800/424-4EPA for a free copy. "It's Your Choice: A Guidebook for Local Officials on Small Community Wastewater Management Options. EPA 430/9-87-006, September 1987. Call 1-800/424-4EPA for a free copy. "Building Support for Increasing User Fees." EPA 430/09-89-006, July 1989. Call 1-800/ 424-4EPA for a free copy. The National Small Flows Clearinghouse offers products and services to aid local offi- cials, consultants, and sanitary engineers in designing, constructing, operating and man- aging small wastewater systems. Services page 27 ------- WATER PROGRAMS WASTEWATER PROGRAMS SEWAGE SLUDGE USE AND DISPOSAL Municipal wastewater sludge is a by-product of the wastewater treatment process. Sludge regulations ensure that sewage sludge is handled properly and is of sufficient quality for use as a soil conditioner, fertilizer, or other intended use. Do the sewage sludge regulations apply to my community? Yes, if the wastewater treatment system in- cludes any form of central treatment or me- chanical plant, including a lagoon, which will need to be cleaned. No, if the wastewater treatment mechanism is by individual on-site septic systems; however, these do produce septage which must be properly disposed. See local and state regu- lations and proposed sludge rules. Timetable Proposed rules were Public Noticed February 6, 1989 and will be located in 40 CFR 503. Many sections of the proposed regulation are undergoing changes, and the effective date of the regulation is expected to be early 1992. If you can meet the requirements of the sludge regulations without construction you must do this within 12 months of the final regulation. However, if construction is required you will have 24 months from effective date of the regulation. Action your community should be taking Be aware of restnctions covering proper use of the sewage sludge (land application, both agricultural and non-agricultural) or distribu- tion and marketing and proper disposal-- landfilling, incineration, surface disposal). Contaminated sludge or poor disposal prac- tices can pose a threat to public health and the environment. Specific monitoring requirements will be out- lined in the NPDES permit. Additional information EPA, Municipal Facilities Branch, Dick Heth- erington, 206/553-1941 Information may also be obtained by contact- ing your county sanitarian, or the state agency responsible for water quality listed in the NPDES section. State Sludge Management Program Regula- tions are contained in 40 CFR 501. Proposed Federal Regulations for sewage sludge are contained in 40 CFR 503. "EPA's Policy Promoting The Beneficial Use Of Sewage Sludge" and the proposed Techni- cal Sludge Regulations, June 1989. Available free of charge from EPA Region 10, 1-800/ 424-4EPA. "Environmental Regulations and Technolo- gies: Control of Pathogens in Municipal Was- tewater Sludge," September 1989. Available free of charge from EPA Region 10, 1-800/ 424-4EPA. "Guide to Soil Suitability and Site Selection for Beneficial Use of Sewage Sludge," Manual 8, Oregon State University Extension Services/ U.S. EPA. First 6 copies are free from the Oregon State University. The manual is also available free of charge from EPA Region 10, 1-800/424-4EPA. page 28 ------- WATER PROGRAMS 6 WASTEWATER PROGRAMS STORM WATER REQUIREMENTS In November 1990, the Environmental Pro- tection Agency finalized permit application regulations for storm water discharges. The regulations were promulgated in response to the requirements of the 1987 Clean Water Act amendments, and are part of the National Pol- lutant Discharge Elimination System (NPDES) permit program. The rule establishes applica- tion requirements and deadlines for storm water discharges associated with industrial activity and for municipalities with separate storm sewer collection systems serving popu- lations greater than 100,000. The final regulation (including preamble dis- cussion) can be found in the November 16, 1990 FEDERAL REGISTER, Volume 55, Number 222. Do the storm water regulations apply to my community? INDUSTRIAL PERMITS—Many municipali- ties, even small ones, are required to apply for industrial storm water discharge permits. The regulation defines several different categories of facilities which are considered to be "asso- ciated with industnal activity" for the purposes of this rule. Many of those activities are often owned or operated by municipalities. For example, permit applications are required for certain landfills, construction activities dis- turbing 5 or more acres, sewage treatment plants with a design flow of 1 mgd or more, and certain municipal vehicle maintenance opera- tions associated with transportation facilities. MUNICIPAL PERMITS—Municipalities with separate storm sewer collection system serv- ing populations less than 100,000 are gener- ally not required to apply for municipal permits under the current regulations. Actions your community should be taking Find out if the defined industrial operations owned or operated by the community need permits. The state or EPA contacts listed in this section will be able to give assistance in determining which industrial operations need permits and how to apply for the permits. Develop an information and education pro- gram for the community to increase aware- ness of the relation between the storm drain system and the local lake or stream. Storm runoff collects in street gutters and storm drains and flows directly to streams with little or no treatment. Educate the citizens that they play a role in the quality of the streams and lakes. Dumping used motor oil, unused paint, pesticides, and other household chemicals on the ground or in the street can severely impact nearby surface water. Where can I find more information? Application guidance manuals, application forms, and detailed information regarding the storm water regulations can be obtained from the appropriate permitting authority as listed below. Also, you may call the EPA Storm Water Hotline at (703) 821-4823. Alaska. Idaho Storm Water Coordinator EPA Region 10 1200 Sixth Avenue, WD-134 Seattle, WA98101 (206) 553-8399 page 29 ------- ~ N [5\ VUHk WATER PROGRAMS Oregon Storm Water Contact Oregon Department of Environmental Quality 811 SW Sixth Avenue Portland, OR 97204-1390 (503) 229-5325 Washington Storm Water Contact Washington Department of Ecology Mail Stop PV-11 Olympia, WA 98504 (206) 438-7076 page 30 ------- WATER PROGRAMS 6 WASTEWATER PROGRAMS PRETREATMENT REQUIREMENTS Pretreatment refers to those measures taken to prevent pollutants from sources other than conventional domestic wastewater, from en- tering the wastewater system. Pretreatment is the treatment of a waste before it is dis- charged into the sanitary sewer treatment at the source. A pretreatment program includes adequate resources, trained staff, establish- ment of local limits, ordinances, education, inspections, monitoring and enforcement. Pretreatment requirements control pollutants which are incompatible or will interfere with the treatment process or pass-through the POTW, or cause problems in the receiving stream or lake. In addition, pretreatment requirements will improve opportunities to recycle and reclaim domestic and industrial wastewaters and sludges. Do the Pretreatment requirements apply to my community? Traditionally, smaller POTWs with individual dischargers are not required to establish local pretreatment programs. Very small commu- nities have few, if any, non-domestic users. EPA encourages small communities to be- come familiar with their commercial and in- dustrial customers and to inform the state or EPA office of any existing or new businesses whose discharge may impact the treatment system. Small communities are required to comply with discharge limits established in National Pollutant Discharge Elimination System (NPDES) permits. If violations occur which are the result of a discharge from a non- domestic user, the community should take appropriate action under authority of its ordi- nance to rectify the problem, as well as inform the state and EPA office. If the community has non-domestic users (such as saw mills, food processing plants, metal finishers, etc.) discharging pollutants that could pass through the POTW untreated or interfere with operations, the community may have to implement a pretreatment pro- gram to satisfy NPDES permit requirements. If the rule applies to my community, what should I do? If you are required to establish a pretreatment program, your municipality will be required to develop necessary legal authorities via ordi- nances; develop and implement various pro- cedures to regulate non-domestic users, in- cluding inspections, compliance monitoring, and enforcement; establish adequate re- sources and staff; and establish local limits. Specific requirements are contained in EPA's General Pretreatment Regulations (40 CFR 403). Discharge limitations are developed and en- forced by POTWs to implement prohibitions and to protect the POTW. They are site specific to ensure pretreatment standards are in place to protect the POTW, the receiving stream and municipal sludge quality. In addi- tion to local discharge limitations, EPA has published specific pretreatment standards for 26 industrial categories to regulate toxic met- als and organics. If your community wants to establish a local pretreatment program, contact your state agency or EPA for assistance. page 31 ------- \6\ WAW* WATER PROGRAMS If you suspect a problem, notify your POTW operator, community official, county sanitar- ian, department of state government respon- sible for wastewater discharge permits, or EPA. All states have such a department. Additional Information and Contacts Pretreatment Final Rule, 40 CFR 403 Alaska. Idaho Pretreatment Coordinator EPA Region 10 1200 Sixth Avenue, WD-134 Seattle, WA 98101 (206) 553-1448 Oregon Pretreatment Coordinator Oregon Department of Environmental Quality 811 SW Sixth Avenue Portland, OR 97204-1390 Washington Pretreatment Coordinator Washington Department of Ecology Mail Stop PV-11 Olympia, WA 98504 (206) 459-6000 Your state agency or EPA will be able to provide additional details. page 32 ------- DEFINITIONS CERCLA: Comprehensive Environmental Response, Compensation and Disability Act. CFR: Code of Federal Regulations. EPA: U.S. Environmental Protection Agency. Ground Water: Water below the land surface that feeds wells and springs. LEPC: Local Emergency Planning Commission, established under SARA. NPDES: National Pollutant Discharge Elimination System. OSHA: Occupational Safety and Health Administration. PH: A measurement of hydrogen ion in a compound; determines whether acompound is "acid" or "basic." POTW: Publicly Owned Treatment Works. Public Water System: system providing piped water for human consumption with at least 15 service connections or regularly serving an average of at least 25 individuals a day at least 60 days of the year. RCRA: Resource Conservation and Recovery Act. SARA: Superfund Amendments and Reauthorization Act. SDWA: Safe Drinking Water Act. SERC: State Emergency Response Commission. page 33 ------- oBsmad DEFINITIONS State Agency: When used in this handbook, "state agency" or "state," means that department of the State Government designated by the Governor and approved by EPA to administer the rules discussed in this handbook. Storm Water: Rainfall runoff, snow melt runoff, and surface runoff and drainage. Surface Water: Water that is open to the atmosphere and subject to surface runoff. TCLP: Toxicity Characteristic Leaching Procedure. UST: Underground Storage Tank. Very Small Community: A community with a population of 500 or less. WHP: Wellhead Protection Program. WHPA: Wellhead Protection Area. page 34 ------- |