&EPA
United States
Environmental Protection
Agency
Enforcement and
Compliance Assurance
(2224A)
EPA-305-S-97-004
December 1997
Plastics Materials, Synthetic Resins,
and Nonvulcanizable Elastomers
Manufacturing (SIC 2821)
Statutory and Regulatory Summaries
EPA Office of Compliance
Chemical Industry Branch
pi •••••
lk A
Printed on paper that contains at least
-------
Background: The plastics materials, synthetic resins, and nonvulcanizable elastomers
manufacturing industry is subject to numerous Federal regulations that have been
enacted to protect human health and the environment. A complex web of requirements
results from the fact that little correlation exists among regulations that target the same
medium or activity. Industrial facilities are responsible for understanding and
complying with these requirements. Historically, EPA has relied on a command and
control approach to regulate industrial facilities, but now is combining its traditional
method with innovative compliance assessment techniques such as self-assessments
and facility management systems.
Many industrial facilities have found that using a complete facility Environmental
Management System (EMS) approach uncovers cost effective solutions for tackling all
the requirements as a whole instead of as individual components. In line with this
discovery, EPA is encouraging self-assessments using a complete facility EMS
approach to evaluate compliance with environmental regulations. A facility's drive to
identify cheaper, more effective ways to achieve compliance is consistent with EPA's
mission of clarifying and simplifying environmental regulatory control.
Purpose of document: This guide is a resource on Federal environmental regulations
for plastics materials, synthetic resins, and nonvulcanizable elastomers manufacturing
facilities. This manual identifies and clarifies industry-specific regulatory information
necessary to conduct a self-assessment. This document describes portions of
environmental statutes that may apply to the plastics materials, synthetic resins, and
nonvulcanizable elastomers manufacturing industry and summarizes regulatory
requirements of each (including applicability, exemptions, monitoring, record keeping,
and reporting requirements).
Approach: The statutes are discussed in the following sections:
• Clean Air Act (CAA): Clean Air Act Titles I, III, V, and VI are summarized in this
section. Topics include NAAQS, NESHAPs, MACTs, permitting, chemical
accident protection, and stratospheric ozone protection. This appendix also
includes a section on assessment considerations that should be evaluated
during the on-site facility assessment. Regulatory summaries are provided for
performance standards, national emission standards, provisions for prevention
of chemical accidents, and protection of stratospheric ozone.
• Safe Drinking Water Act (SDWA): This section describes the public water
system program, underground injection control program, considerations for
assessors, and regulatory requirements. Detailed descriptions of the regulatory
requirements include national primary and secondary drinking water regulations
which may be applicable to facilities that produce their own potable water and
the underground injection control program.
Cover photograph by Steve Delaney, U.S. EPA. Photograph courtesy of Vista Chemicals,
Baltimore, Maryland. Special thanks to Dave Mahler.
-------
• Resource Conservation and Recovery Act (RCRA)This section delineates
the requirements for generation, transportation, treatment, storage, and disposal
of hazardous waste. Land disposal restrictions and underground storage tank
regulations are discussed, as are specific RCRA assessment considerations.
RCRA legislation summarized for plastics materials, synthetic resins, and
nonvulcanizable elastomers manufacturers includes classification of generators;
requirements for hazardous waste generators and transporters; regulations for
hazardous waste treatment, storage, and disposal; and restrictions on land
disposal and underground storage tanks.
• Emergency Planning and Community Right-to-Know Act (EPCRA)The
EPCRA section describes four regulatory programs applicable to plastics
materials, synthetic resins, and nonvulcanizable elastomers manufacturers:
hazardous substance notification, emergency planning and notification,
hazardous chemical reporting to the community, and toxic chemical release
inventory. The section also suggests key areas to evaluate during compliance
assessments. Regulatory summaries are included for the following: designation,
notification, and reportable quantities of hazardous substances; emergency
planning and notification; and reporting of hazardous chemicals and toxic
chemical releases.
• Clean Water Act (CWA)This section includes effluent limit guidelines,
categorical pretreatment standards, NPDES and pretreatment programs, effluent
trading, spills and pollution prevention of oil and hazardous substances, and
reportable quantities of hazardous substances. This chapter also includes a
section on assessment considerations and summaries of regulations pertaining
to pretreatment and discharge of effluent, discharge and pollution prevention of
oil, and designation of hazardous substances and reportable quantities.
• Toxic Substances Control Act (TSCA):The segment on TSCA explains the
requirements behind testing, premanufacture notices, significant new use
reporting, and specific hazardous substances and mixtures such as water
treatment chemicals. Record keeping and reporting are delineated, including
reporting requirements for significant adverse reactions, health and safety data,
and substantial risks. Applicable legislation for exporters and importers,
premanufacture notification, significant new uses, reporting, record keeping, and
protection against unreasonable risks are identified, along with suggestions of
areas to target in a self-assessment. Chemical-specific regulations are also
described.
This manual may not include all the Federal environmental regulations that an plastics
materials, synthetic resins, and nonvulcanizable elastomers manufacturer must comply
with, but it should serve as a starting point. Site assessors should be aware that, in
many instances, State or local regulations may be more stringent than Federal
requirements. Also, site-specific Federal, State, or local permits may contain additional
requirements beyond those specified in the regulations. As such, part of a facility's
EMS should be to check Federal, State and local regulations regularly and keep
abreast of pending legislation that may impact the facility.
-------
TABLE OF CONTENTS
Clean Air Act Regulatory Requirements
National Primary and Secondary Ambient Air Quality Standards CAA-2
National Emissions Standards for Hazardous Air Pollutants (NESHAP) and Maximum
Achievable Control Technology (MACT) Standards CAA-6
Permitting Program CAA-7
Stratospheric Ozone Protection CAA-8
CAA Assessment Considerations CAA-9
CAA Regulatory Requirements CAA-12
Safe Drinking Water Act Regulatory Requirements
Public Water System Program SDWA-1
Underground Injection Control Program SDWA-2
SDWA Assessment Considerations SDWA-3
SDWA Regulatory Requirements SDWA-4
Resource Conservation and Recovery Act Regulatory Requirements
Hazardous Waste Generation RCRA-2
Hazardous Waste Transportation Regulations RCRA-7
Hazardous Waste Treatment, Storage, and Disposal Regulations RCRA-7
Land Disposal Restrictions RCRA-8
Underground Storage Tank Regulations RCRA-9
RCRA Assessment Considerations RCRA-11
RCRA Regulatory Requirements RCRA-12
Emergency Planning and Community Right-to-Know Act Regulatory
Requirements
Hazardous Substance Notification EPCRA-1
Emergency Planning and Notification EPCRA-1
Hazardous Chemical Reporting: Community Right-to-Know EPCRA-2
Toxic Chemical Release Inventory EPCRA-2
EPCRA Assessment Considerations EPCRA-3
EPCRA Regulatory Requirements EPCRA-4
-------
Clean Water Act Regulatory Requirements
Effluents Limitations Guidelines and Categorical Pretreatment Standards CWA-2
NPDES Program CWA-5
Pretreatment Program CWA-9
Policy on Effluent Trading in Watersheds CWA-11
Spills of Oil and Hazardous Substances CWA-11
Oil Pollution Prevention CWA-12
Reportable Quantities for Hazardous Substances CWA-12
CWA Assessment Considerations CWA-12
CWA Regulatory Requirements CWA-15
Toxic Substances Control Act Requirements
Testing - §4 TSCA-1
Pre-Manufacturing Notice Requirements - §5 TSCA-2
Significant New Uses of Chemical Substances - §5 (a) (2) TSCA-3
Hazardous Chemical Substances and Mixtures - §6 TSCA-4
Record Keeping and Reporting Requirements - §8(a) TSCA-5
Significant Adverse Reactions - §8(c) TSCA-5
Health and Safety Data Reporting - §8(d) TSCA-6
Notification of Substantial Risks - §8(e) TSCA-7
Chemical Exports and Imports - §§12 and 13 TSCA-7
TSCA Assessment Considerations TSCA-8
TSCA Regulatory Requirements TSCA-9
111
-------
NOTE TO USERS OF THIS DOCUMENT
This document contains internal hyperlinks. Internal links, noted
with magenta text, link the reader to the applicable
section, figure, appendix, etc. being referenced. In addition,
selecting the bookmark option from the top menu in the Adobe
Acrobat Reader provides the user with a point and click table of
contents to the first page of each statute to simplify navigation in
the document.
-------
DISCLAIMER
This document is intended as an aid to compliance with federal
regulatory requirements. The document does not, however, substitute
for EPA's regulations, nor is it a regulation itself. Thus, it cannot impose
legally binding requirements on EPA, States, or the regulated community.
Because circumstances vary, this document may not apply to a particular
situation based on the circumstances, and facilities may be subject t o
requirements that are different from or in addition to those described in
this document. EPA may change this guidance in the future, as
appropriate.
-------
Clean Air Act (CAA)
The Clean Air Act (CAA), with its 1990 amendments, sets the framework for air pollution
control as it affects the plastics materials, synthetic resins, and nonvulcanizable elastomers
manufacturing industry. This framework has several elements based upon individual titles in the
CAA. The applicable CAA titles and the regulations and guidelines developed pursuant to the
CAA are illustrated in Exhibit CAA-1 and are discussed below.
Exhibit CAA-1. CAA Statutes and Regulatory Requirements for Plastics Materials, Syntheti
Resins, and Nonvulcanizable Elastomers Facilities
Clean Air Act
Title I Attainment and Maintenance of National Air Ambient Quality Standards
Title III Air Toxics
Title V Permitting of Title I and III Sources
Title VI Stratospheric Ozone Sources
Title 1
40 CFR Part 50 NAAQS
40 CFR Part 60 New Source
Performance Standards
New Source Review (NSR)
Reasonable Available Control
Technology (RACT)
Guidelines
Title III
40 CFR Part 61 NESHAP
40 CFR Part 63 NESHAP
Maximum Achievable
Control Technology
(MACT) Standards
Title V
40 CFR Part 70
or
40 CFR Part 71
Title VI
40 CFR Part 82
Several portions of Title I of the CAA
address requirements for the attainment
and maintenance of National Ambient Air
Quality Standards (NAAQS). The central
components of the regulatory scheme of
the Act may be said to include the
following:
Clean Air Act
National Primary and Secondary Ambient Air
Quality Standards CAA-2
National Emissions Standards for Hazardous
Air Pollutants (NESHAP) and Maximum
Achievable Control Technology (MACT)
Standards CAA-6
Permitting Program CAA-7
Stratospheric Ozone Protection CAA-8
CAA Assessment Considerations CAA-9
CAA Regulatory Requirements CAA-12
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-1
-------
> Section 107 pertaining to Air Quality Control Regions
* Section 109 pertaining to National Ambient Air Quality Standards
* Section 110 pertaining to State Implementation Plans
* Section 111 pertaining to New Source Performance Standards
* Section 112 pertaining to National Emission Standards for Hazardous Air
Pollutants.
Title V Permits will apply to major sources covered under Title I, as well as sources covered
under other Title of the Act.
Title VI of the CAA deals with ozone-depleting chemicals. Several solvents used in the plastics
materials, synthetic resins, and nonvulcanizable elastomers industry are affected by this law.
Regulations under Title VI which affect the plastics materials, synthetic resins, and
nonvulcanizable elastomers industry are discussed in a section of the appendix.
Finally, the specific regulatory requirements developed pursuant to the CAA are described in
the last section of this appendix.
National Primary and Secondary Ambient Air Quality Standards
Title I of the CAA establishes the statutory authority for EPA's National Ambient Air Quality
Standards (NAAQS) that are to be applied uniformly throughout regions in the United States.
The Air Quality Act of 1967 required the designation of air quality control regions (AQCRs) based
on "jurisdictional boundaries, urban-industrial concentrations, and other factors including atmospheric
areas necessary to provide adequate implementation of air quality standards" [Section 107(a) (1967)].
Today, the United States is divided into 247 AQCRs. Many AQCRs are subdivided into
smaller areas based on municipal boundaries, latitudes and longitudes, and other boundaries. A
complete list of AQCRs (and their attainment status) is codified at 40 CFR Part 81. An air
quality control region is classified as a "nonattainment" area if an NAAQS is violated anywhere in
the region. (In the case of ozone, a violation occurs if the 4th highest reading over any 24-hour
period in the past 3 years exceeds the NAAQS for ozone.) Two types of NAAQS are set:
(1) Primary standards that define the level of air quality necessary to prevent any
adverse impact on human health
(2) Secondary standards that define the level of air quality necessary to protect the
public welfare from any known or anticipated adverse effects of a pollutant.
These standards, promulgated in 40 CFR Part 50, recognize that the severity of the adverse
health effects associated with exposure often depends on the duration of exposure.
Accordingly, "short-term" standards set limits for a 1-hour, an 8-hour, or a 24-hour period,
while "long-term" standards are established on an annual basis.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-2
-------
The EPA has set NAAQS for ozone, carbon monoxide, participate matter of 10 microns or less
(PM-10), sulfur dioxide (SO,), nitrogen dioxide (NO), and lead. These standards are used as a
foundation for the regulatory framework discussed in this section. Of the six pollutants, the
NAAQS for ozone, NOX, CO, SOX and participate matter are likely to have a significant impact
on the plastics materials, synthetic resins, and nonvulcanizable elastomers industry.
Existing Sources of Emissions
Ozone Nonattainment Areas - The "design value" shown in the third column of Exhibit CAA-2 is
compared to the 4th highest reading taken over any 24-hour period during 3 concurrent years
in a nonattainment area. Based on this value, a nonattainment area is classified as Marginal,
Moderate, Serious, Severe, or Extreme. As shown in Exhibit CAA-2, attainment deadlines are
based on a sliding scale that reflects the severity of the pollution, where the trigger date is the
date when an area is designated as nonattainment.
Exhibit CAA-2. Classification of Ozone Nonattainment Areas
Classification
Marginal
Moderate
Serious
Severe
Extreme
Deadlines to Attain
(from November 15, 1990)
3 Years
6 Years
9 Years
15 Years
17 Years
20 Years
Design Value (ppm)
0.121-0.138
0.138-0.160
0.160-0.180
0.180-0.190
0.190-0.280
Above 0.280
A major source is defined both by the size of the source's facility-wide emissions and the
category of the nonattainment area. These conditions are presented in Exhibit CAA-3. In
addition, if a firm has the potential to emit more than 100 tons per year (TPY), it is also
considered to be a major source. The statement "potential to emit" means the maximum
capadty of a stationary source to emit a pollutant under its physical and operational design.
Thus operating below capadty does not exclude a plant from being defined as a major source.
Any physical or operational limitations on the capacity of the source to emit a pollutant,
provided the limitation or its effect on emissions is federally-enforceable, are treated as part of
its design and therefore, could mean exclusion from the major category.
Each State is required to develop a State Implementation Plan (SIP) for all nonattainment areas.
SIPs contain a range of requirements that are designed to decrease ambient ozone
concentrations. Part D of Title I of the CAA provides the authority for implementation of
Reasonably Available Control Technology (RACT). A source defined as "major" in a
nonattainment area must install the RACT as prescribed in the applicable SIP.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-3
-------
Exhibit CAA-3. Major Source Classifications
Category of Nonattainment Area
Extreme
Severe
Serious
Moderate and Marginal
Size of VOC or NOX Sources Affected (Tons/Year)
10
25
50
100
EPA has defined RACT as the lowest emission limitation that a particular source is capable of
meeting by the application of control technology that is reasonably available considering
technological and economic feasibility. RACT for a particular source is determined on a
case-by-case basis, considering the technological and economic circumstances of the individual
source. Further guidance for RACT is provided in the General Preamble published on April
16, 1992, in 57 FR13498-13570.
EPA regulations provide that less stringent emission limitations than those achievable with
RACT are acceptable only if the State plan shows that the less stringent limitations are sufficient
to attain and maintain NAAQS, and show reasonable further progress during the interim before
attainment.
A single ozone transport region exists for eleven states and the District of Columbia (the
northeast ozone transport region). States included in the ozone transport region must submit
SIPs to the EPA with special requirements pertaining to enhanced vehicle inspection and
maintenance programs and implementation of RACT with respect to all sources of volatile
organic compounds in the States. In addition, a stationary source in the ozone transport
region that emits or has the potential to emit at least 50 TPY of VOCs for N(\is considered
a major source and is subject to the requirements which would be applicable to major
stationary sources if the area were classified as a Moderate nonattainment area.
A determination of the applicable RACT requirements for major sources is usually made by a
State on the basis of a case-by-case review of each facility. In an attempt to issue uniform
source guidelines, EPA issues Control Techniques Guidelines (CTGs) for industrial categories.
The specific CTGs for a source are available through EPA's Technology Transfer Network.
There are several CTGs relevant to plastics materials, synthetic resins, and nonvulcanizable
elastomers plants regarding the control of Volatile Organic Compounds (VOCs) from organic
chemical, polymers, and resin manufacturing; petroleum and volatile organic liquid storage; and
wastewater operations.
New Source Review
Persons constructing new major stationary sources of air pollution or making modifications to
major stationary sources are required by the Clean Air Act to obtain a permit before
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-4
-------
commendng construction. The process is called new source review (NSR) and is required
whether the major source or modification is planned for an area where the NAAQS are
exceeded (nonattainment areas) or an area where air quality is acceptable (attainment and
unclassifiable areas). Permits for sources in attainment areas are referred to asprevention of
significant air quality deterioration (PSD) requirements and include the following:
EPA determines BACT requirements by:
(1) identifying all control technologies; (2)
eliminating technically infeasible options;
(3) ranking remaining control options by
control effectiveness; (4) evaluating the
most effective controls and documenting
results; and (5) selecting BACT. See
Draft New Source Review Workshop
Manual, U.S. EPA, Office of Air Quality
Planning and Standards, October 1990.
Installation of Best Available
Control Technology (BACT)
A detailed air quality analysis
showing that there will be no
violation of PSD "increments"
Prediction of future air quality
standards
Possible monitoring of air
quality for 1 year prior to the
issuance of the permit
* Demonstration of standard attainment through the undertaking of an air quality
analysis.
Restrictions in nonattainment areas are more severe. The principal requirements of NSR in
nonattainment areas are:
* Installation of Lowest Achievable Emission Rate (LAER) technology; LAER is
derived from either of the following: (1) the most stringent emission limitation
contained in the implementation plan of any State for such class or category of
source; or (2) the most stringent emission limitation achieved in practice by such
class or category of source. See CAA Part 171 (3).
* Provision for "offsets" representing emission reductions that must be made from
other sources. Emissions offsets are generally obtained from existing sources
located in the vicinity of a proposed source and must (1) offset the emissions
increase from the new source or modification and (2) provide a net air quality
benefit. The emission offset ratio depends on the category of the nonattainment
area and is listed in Exhibit CAA-4. In general, emission reductions which have
resulted from some other regulatory action are not available as offsets.
Nonattainment area major source permitting provisions are described in
40 CFR Part 52.24. The PSD permitting provisions are described in 40 CFR
Part 52.21.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-5
-------
Exhibit CAA-4. Major Source Definitions and Offset Ratios in Ozone
Nonattainment Areas
Category
Marginal
Moderate
Serious
Severe
Extreme
Size of Major Source
(Tons/Year of VOCs for NOX)
100
100
50
25
10
Offset Ratios
1.1:1
1.15:1
1.2:1
1.3:1
1.5:1
New Source Performance Standards (NSPS)
Major plastics materials, synthetic resins, and nonvulcanizable elastomers manufacturing sources
must also comply with certain standards of performance developed by EPA (promulgated as 40
CFR Part 60), irrespective of its location in an attainment or nonattainment area. These are
technology-based standards and are commonly referred to as the New Source Performance
Standards (NSPS). NSPS affect new sources that are to be constructed or existing sources that
undergo modifications after the applicable deadlines. NSPS requirements for plastics materials,
synthetic resins, and nonvulcanizable elastomers manufacturers include monitoring, record
keeping, and reporting. Further details on affected processes at major plastics materials,
synthetic resins, and nonvulcanizable elastomers manufacturers, dates of applicability and
regulatory requirements are provided later in this section.
National Emissions Standards for Hazardous Air Pollutants (NESHAP) and
Maximum Achievable Control Technology (MACT) Standards
The NAAQS apply to five primary pollutants and one secondary pollutant: ozone. Ozone
precursors typically regulated include VOC emissions fromplastics materials, synthetic resins,
and nonvulcanizable elastomers manufacturing industry sources as part of the Part 60
requirements, discussed earlier in this section. However, additional risk-based technology
standards were developed by EPA for a few selected hazardous air pollutants prior to
enactment of the 1990 Amendments to the CAA. These are commonly referred to as
NESHAP and were promulgated at 40 CFR Part 61. Like NSPS, NESHAP requirements for
plastics materials, synthetic resins, and nonvulcanizable elastomers manufacturing sources
include monitoring, record keeping, and reporting. Further details on affected processes at
major industry sources, dates of applicability and regulatory summaries are provided later in this
section.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-6
-------
Section 112 of the 1990 CAA identified 189 hazardous air pollutants (HAP) for which standards
of performance were to be developed based on maximum achievable control technology
rather than risk. Existing NESHAPs for those HAPs on the list of 189 would however still
apply. Accordingly, EPA promulgated the so-called hazardous organic NESHAP (HON) rule as
under 40 CFR Part 63 that sets the MACT standards applicable to specific industrial sectors.
Some MACT standards for the plastics materials, synthetic resins, and nonvulcanizable
elastomers production industry have been developed and some are currently being developed
and scheduled to be promulgated in 1998. Only major sources under Section 112(d) of the
Clean Air Act will be regulated. The standards codified under Subparts F, G, H, and I of 40
CFR Part 63 regulate emissions of 112 of the 189 HAPs listed in the CAA.
Section 129 was added to the CAA in 1990 and directs EPA to establish MACT-based
regulations for solid waste indnerators. Regulations are currently under development for
industrial and commercial waste incinerators.
Permitting Program
The CAA Title V (promulgated as 40 CFR Part 70) defines the minimum standards and
procedures required for State operating permit programs. The permit system is a new
approach established under the Amendments that is designed to consolidate all of a source's
requirements in one document (permit). In addition, State permit fees will generate revenue
to fund implementation of the program.
Any facility defined as a "major source" is required to obtain a permit. Part 70.2 defines a
source as a single point from which emissions are released or as an entire industrial fadlity that
is under the control of the same person(s), and a major source is defined as any source that
emits or has the potential to emit:
* 10 TPY or more of any hazardous air pollutant
* 25 TPY or more of any combination of hazardous air pollutants
* 100 TPY of any air pollutant.
For ozone nonattainment areas, major sources are defined as sources with the potential to
emit:
* 100 TPY or more of volatile organic compounds (VOCs) or nitrogen oxides
(NOX) in areas defined as marginal or moderate
* 50 TPY or more of VOCs or NOxin areas classified as serious
* 25 TPY or more of VOCs or NOX in areas classified as severe
* 10 TPY or more of VOCs or NOX in areas classified as extreme.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-7
-------
Other sources requiring permits regardless of source size include:
NSPS
NESHAP
PSD/NSR
> Add Rain.
The permit requirement for non-major sources (i.e., area sources) has been deferred for five
years.
By November 15, 1993, each State must submit a design for an operating permit program to
the EPA for approval. The EPA must either approve or disapprove the State's program within
1 year after submission. Once approved, the State program goes into effect.
Major sources, as well as the other sources identified above, must then develop and submit
their permit applications to the State within 1 year (this will take place near the end of 1995).
Once a source submits an application, it may continue to operate until the permit is issued.
This may take years because permit processing allows time for terms and conditions to be
presented to and reviewed by the public and neighboring States, as well as by the EPA. When
issued, the permit will include all air requirements applicable to the facility. Among these are
compliance schedules, emissions monitoring, emergency provisions, self-reporting
responsibilities, and emissions limitations. Five years is the maximum permit term.
As established in Title V (40 CFR Part 70), the States are required to develop fee schedules to
ensure the collection and retention of revenues sufficient to cover permit program costs. CAA
sets a presumptive fee of $25 per ton for all regulated pollutants (except carbon monoxide),
but States can set higher or lower fees so long as they collect sufficient revenues to cover
program costs.
Stratospheric Ozone Protection (40 CFR Part 82)
The CAA Amendments provide for a phase-out of the production and consumption of
chlorofluorocarbons (CFCs) and other chemicals that are causing the destruction of the
stratospheric ozone layer. Requirements apply to any individual, corporate, or government
entity that produces, transforms, imports, or exports these controlled substances.
Section 602 of the Clean Air Act identifies ozone-depleting substances and divides them into
two classes. Class I substances are divided into five groups. Section 604 of the Clean Air Act
calls for a complete phase-out of Class I substances by January 1, 2000 (January i, 2002 for
methyl chloroform). Class II chemicals, which are hydrochlorofluorocarbons (HCFCs), are
generally seen as interim substitutes for Class I CFCs.
Class II substances consist of 33 HCFCs. The law calls for a complete phase-out of Class II
substances by January 1, 2030. The schedule for the HCFC phase-out has not yet been
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-8
-------
finalized; however, EPA has proposed to begin phase-out of some HCFCs by 2002, with a
complete phase-out of all HCFCs to take place by 2030. This same proposal would phase-out
CFCs, carbon tetrachloride, hydrobromofluorocarbons, and methyl chloroform by January 1,
1996.
On February 11, 1993, EPA issued a rule under Section 611 of the CAA that, effective May 15,
1993, requires both domestically produced and imported goods containing or manufactured
with Class I chemicals to carry a warning label. The rule covers items whose manufacture
involves the use of Class I chemicals, even if the final product does not contain such chemicals.
Exports are exempt from this rule's labeling requirements, as are products that do not have
direct contact with these chemicals. In addition, if direct contact occurs but is non-routine and
intermittent (e.g., spot-cleaning of textiles), no labeling is required. Moreover, if a second
manufacturer incorporates a product made with an ozone-depleting chemical into another
item, the final product need not carry a label.
Section 608 of the CAA established the National Recycling and Emissions Reduction Program.
Effective July 1, 1992, EPA prohibited the venting of ozone-depleting compounds used as
refrigerants into the atmosphere during maintenance, service, repair, or disposal of air-
conditioning or refrigeration equipment. EPA also promulgated regulations at 40 CFR Part 82,
Subpart F. Under 40 CFR Part 82, Subpart F on May 14, 1993 which establish standards for
service and disposal practices and to require leak repair. Under these regulations, technicians
servicing air-conditioning and refrigeration equipment must evacuate refrigerant according to
the prescribed guidelines. In addition, recovery and/or recycling equipment used must be
certified and all persons who maintain, service, repair, or dispose of appliances must be
certified.
Owners of industrial process refrigeration equipment (those with charges greater than 50
pounds) are required to repair substantial leaks. A 35 percent annual leak rate is established for
the industrial process and commercial refrigeration sectors as the trigger for requiring leak
repairs. Leak repair is required within 30 days of discovery or a 1-year retrofit or retirement
plan must be developed for the leaking equipment.
CAA Assessment Considerations
Under Title V of the 1990 Amendments, many CAA requirements have been summarized
into one comprehensive permit (risk management is an exception). In general, Title V
requirements (40 CFR Part 70 or 71) are the same as compliance provisions previously
required under the CAA. The facility's compliance assessors) should consider reviewing
data derived from previous facility self-assessments when determining compliance with
Title V requirements. The regulatory inspection forms are generally organized around
process equipment (called emission units) and stacks or vents (called emission points). The
facility assessor should develop an assessment format where any enforceable limits and the
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-9
-------
underlying regulatory requirements applying to the emission unit or the emission point is listed
so that it can be confirmed during the assessment.
In general, not all of the applicable requirements can be verified during a single self-assessment
and each assessment represents a "snapshot" of compliance. In recognition of the fact that
a facility assessor can not always be in place to detect violations, "baseline" assessment
techniques stress the importance of maintenance plans to ensure proper operation and
maintenance of equipment. Baseline assessment techniques also emphasize tracking of
operating parameters (such as incinerator temperatures) during assessments for future use in
accessing equipment performance. This focus on self-monitoring and self-reporting was
reinforced under Title V with requirements for enhanced monitoring, periodic monitoring,
compliance plans and programs and maintenance plans. The facility self-assessor can rely upon
baseline techniques to ensure that the systems and programs established for self-monitoring
and self reporting are appropriately designed and successfully implemented.
The draft Compliance Assurance Monitoring (CAM) Rule will supplant enhanced and periodic
monitoring requirements and focuses on the same type of monitoring of equipment
performance or other parameters that indicate compliance with applicable requirements. As
an example, a emission unit that controls emissions of volatile organic compounds (VOCs)
through exhaust gas incineration might have a lower allowable operating temperature of
1800°F. Using baseline assessment techniques, the assessor routinely records this operating
temperature. If this unit had traditionally operated at 2000°F, and now operated at 1825°F,
this would not constitute a violation of the 1800°F limit, but might indicate a potential for
violation and a need for follow-up actions. Under the CAM Rule, the facility might choose to
record and report this temperature to demonstrate continued compliance with applicable
requirements. However, the facility assessor should also initiate appropriate follow-up actions
to investigate the existence of a problem that might result in a violation of the requirement, and
pursue proactive compliance assurance measures.
The applicable CAA regulations for a plastics materials, synthetic resins, and nonvulcanizable
elastomers manufacturing facility will vary with location. Those facilities located near urban
areas are much more likely to be subject to nonattainment provisions. Ozone nonattainment
areas have RACT requirements on all major sources of VOCs and NQ. RACT requirements
vary with location and severity on nonattainment; however, plastics materials, synthetic resins,
and nonvulcanizable elastomers manufacturing facilities would generally have RACT
requirements on reactors, distillation units, storage tanks, pumps and valves. NSPS
requirements are based on the capacity and on the age of regulated units, but apply nationally
to conforming units. NSR requirements generally contain the most stringent emissions or
performance limits and apply to new units as they are constructed. BACT applies under the
PSD program in areas that meet NAAQS; LAER applies under NSR permits issued in
nonattainment areas. MACT standards apply nationally based on magnitude of emissions of
189 HAPs. Units that are subject to these requirements would receive priority in an air quality
inspection.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-10
-------
The process oriented self-assessment approach focuses on following a process from
start to finish and developing process flow diagrams to identify key points for inspection.
Previous facility assessment techniques generally focused more on individual emission
units and emission points without as much attention to understanding the process. An
example of an assessment process diagram is included as Exhibit CAA-5. This type of
approach is also more compatible with a multimedia self-assessment technique in that the
process diagrams could contain information on other items such as wastewater discharge or
pollution prevention activities.
Title V (or Part 70) permits will present new challenges to the compliance self-assessment.
One of these challenges will be inclusion of plant wide emissions limits or caps. Plant wide caps
offer operational flexibility to the permittee because changes in use of different processes can
occur and as long as overall emissions remain under the limits, no permit terms are violated.
The assessor will need to sum emissions from multiple processes in order to determine
compliance. Alternative operating scenarios are another example of Part 70 permit conditions
that offer operational flexibility. Alternative operating scenarios describe different methods of
operation for process equipment; these scenarios will contain different emissions limits based
on different production modes. Confirmation of different limits on one process substantially
complicates the self-assessment. One other aspect of the Part 70 permit is the permit shield. If
a facility is operating within the limits of the Part 70 permit, then the permit shields the facility
against charges of noncompliance for those activities.
mchibit CAA-5. Example Inspection Process Diagram
Aggregate
Recycle
Asphalt
binder
Asphalt
concrete
Flowchart of an asphalt plant
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-11
-------
As mentioned in the description of baseline inspection techniques, self-monitoring and self-
reporting activities are important to maintaining compliance. Part 70 requires compliance
programs for units operating out of compliance with applicable regulations. Maintenance and
compliance plans are required for all facilities. These programs would be used to document
efforts to maintain control equipment and replace parts prior to break-downs that could result
in excess emissions. The investigator should attempt to verify through evaluation of records
the adequacy of these programs.
CAA Regulatory Requirements
The following sections provide summaries of the principal regulations developed pursuant to
the CAA that may apply to the plastics materials, synthetic resins, and nonvulcanizable
elastomers industry. The section includes:
40 CFR Part 60
- Subparts Da Db Dc
- Subpart Kb
- Subpart GG
- Subpart VV
- Subpart ODD
- Subpart HHH
- Subpart III
- Subpart NNN
- Subpart RRR
40 CFR Part 61
- Subpart F
- Subpart J
- Subpart M
- Subpart V
- Subpart Y
Standards of Performance for Steam Generating Units
Standards of Performance for VOC Storage Vessels
Standards of Performance for Stationary Gas Turbines
Standards of Performance for Equipment Leaks of VOC
from SOCMI
Standards of Performance for Volatile Organic Compound
(VOC) Emissions from the Polymer Manufacturing
Industry
Standards of Performance for Synthetic Fiber Production
Facilities
Standards of Performance for VOC Emissions from
SOCMI Air Oxidation Unit Processes
Standards of Performance for VOC Emissions from
SOCMI Distillation Operations
Standards of Performance for VOC Emissions from
SOCMI Reacor Processes
National Emissions Standards for Vinyl Chloride
National Emissions Standards for Equipment Leaks
(Benzene)
National Emissions Standards for Asbestos
National Emissions Standards for Equipment Leaks
(Fugitive Emission Sources)
National Emissions Standards for Benzene Emissions from
Benzene Storage Vessels
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-12
-------
- Subpart BB
- Subpart FF
40 CFR Part 63
- Subpart F
- Subpart G
- Subpart G
- Subpart G
- Subpart G
- Subpart H
- Subpart I
- Subpart Q
- Subpart U
- Subpart W
- Subpart JJJ
40 CFR Part 68
40 CFR Part 82
National Emission Standard for Benzene Emissions from
Benzene Transfer Operations
National Emissions Standards for Benzene Waste
Operations
National Emission Standard for Organic Hazardous Air
Pollutants from the Synthetic Organic Chemical
Manufacturing Industry
National Emission Standard for Organic Hazardous Air
Pollutants from the Synthetic Organic Chemical
Manufacturing Industry for Process Vents
National Emission Standard for Organic Hazardous Air
Pollutants from the Synthetic Organic Chemical
Manufacturing Industry for Storage Vessels
National Emission Standard for Organic Hazardous Air
Pollutants from the Synthetic Organic Chemical
Manufacturing Industry for Transfer Operations
National Emission Standard for Organic Hazardous Air
Pollutants from the Synthetic Organic Chemical
Manufacturing Industry for Wastewater
National Emissions Standards for Organic Hazardous Air
Pollutants from SOCMI for Equipment Leaks
National Emissions Standards for Organic Hazardous Air
Pollutants for Certain Processes Subject to the Negotiated
Regulation for Equipment Leaks
National Emissions Standards for Hazardous Air Pollutants
for Industrial Cooling Towers
National Emissions Standards for Hazardous Air Pollutants
Emissions: Group 1 Polymers and Resins
National Emissions Standards for Hazardous Air Pollutants
for Epoxy Resins Production and Non-Nylon Polyamides
Production
National Emissions Standards for Hazardous Air Pollutants
Emissions: Group IV Polymers and Resins
Chemical Accident Prevention Provisions
Protection of Stratospheric Ozone
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-13
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-14
-------
Applicability:
• Electric utility steam
generating units capable of
combusting > 73 MW (250
million BTU/hr) heat input
alone, or in combination
with other fossil fuels.
• Electric utility combined
cycle gas turbines capable of
combusting > 73 MW (250
million BTU/hr) heat input of fossil fuel.
40 CFK Part 60 - Subpart Da
Standards of Performance for Electric Utility
Steam Generating Units for which construction
is commenced after September 18, 1978.
-Standards for:, participate matter 60.42a, sulfur
dioxide 60.43a, nitrogen oxides 60.44a
-Test Methods 60.48a
-Monitoring 60.47a
-Reporting and record keeping 60.49a
Date of Applicability:
Sources constructed, reconstructed, or modified after September 18, 1978.
Affected Processes:
Emission standards for all affected facilities for:
• Participate Matter (PM) of 13 ng/J (0.03 Ib/mmBtu) heat input from the combustion of
solid, liquid or gaseous fuel; 1% of the potential combustion concentration (99%
reduction) when combusting solid fuel, 30% of the potential combustion concentration
(70% reduction) when combusting liquid fuel.
• Opacity of 20%, averaged over 6 minutes, except for one 6 min. period per hour of 27%
opacity.
• SO2 when combusting solid or solid-derived fuels: 520 ng/J (1.20 Ib/mmBtu) heat input
and 90% reduction; or 70% reduction when emissions are < 260 ng/J (0.60 Ib/mmBtu
heat input).
• SO2 when combusting liquid or gaseous fuels: 340 ng/J (0.80 Ib/mmBtu) heat input and
90% reduction; or 0% reduction when emissions are < 86 ng/J (0.20 Ib/mmBtu heat
input). All limits and percent reduction requirements are based on a 30-day rolling avg.
Q
I
_Q
CO
O
\O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CM-15
b
O
-------
Alternative limits for SO2 apply if facility meets one of the following criteria:
combusts solid solvent refined coal (SRC-I) (60.43a(c))
combusts 100% anthradte (60.43a(d)(l))
is classified as a resource recovery facility (60.43a(d)(2))
is located in a noncontinental area and combusts solid or solid-derived fuel
(60.43a(d)(3))
is located in a noncontinental area and combusts liquid or gaseous fuel
(60.43a(e))
combusts different fuels simultaneously (60.43a(h))
• Nox (NO2) of various limits in ng/J (Ib/mmBtu) heat input depending on fuel type, based a
30-day rolling avg. If two or more fuels are combusted simultaneously, the formula in
60.44a(c) should be used.
Exemptions:
• Subpart Da refers to emissions from fossil fuels only. Gas turbine emissions are subject to
Subpart GG.
• Changes to existing fossil fuel-fired steam generating units to allow for the use of
combustible materials, other than fossil fuels.
• Changes to existing fossil fuel-fired steam generating units from its original design of
gaseous or liquid fossil fuels to accommodate the use of any other fossil or nonfossil fuel.
Partial Exemptions:
Emissions reduction requirements for SO2 do not apply if facility is operated under an SO2
commercial demonstration permit issued by the Administrator under the provisions of 60.45a.
Emissions levels for NOX do not apply if unit is combusting coal-derived liquid fuel and is
operating under a commercial demonstration permit issued by the Administrator under the
provisions of 60.45a.
Monitoring Requirements:
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CM-16
-------
1) Maintenance and operation of continuous emission monitoring system (CEMS), for
monitoring opadty according to 60.47a(a),(h) and (j) except where only gaseous fuel is
combusted.
2) Maintenance and operation of continuous emission monitoring system (CEMS), for
monitoring SO2 except where only natural gas is combusted. SO2 is to be monitored at
the sulphur dioxide control device inlet and outlet, unless subject to 68.47a(b)(2) or (3).
3) Maintenance and operation of continuous emission monitoring system (CEMS), for
monitoring NOX emissions according to 60.47a(c).
4) Maintenance and operation of continuous emission monitoring system (CEMS) for
monitoring O2 or CO2 content of flue gases at each location where SO2 or NOX is
monitored.
Reporting Requirements:
1) Initial performance test data and CEMS performance evaluation data for SQ, NOX and
PM.
2) Quarterly reports including:
- the information collected for 30 successive boiler operating days as specified in
60.49a(b) for sulfur dioxide and nitrogen oxides. If the minimum quantity of data is
outlined n 60.49a(c) and/or is information is not collected over 30 days or the data is
not available, then the information to be reported is outlined in 60.49a(c) and/or
60.49a(l)
- the information in 60.49a(d) if standards are exceeded during emergency conditions
because of control system malfunction
- the information in 60.49a(e) if SO2 fuel pretreatment is claimed
- signed statement in 60.49a(g)
- excess emission reports as under 60.7
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-17
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-18
-------
40 CFK Part 60 - Subpart Db
Standards of Performance for Industrial,
Commercial, Institutional Steam Generating
Units
-Standards for: sulfur dioxide 60.42b, particulate matter 60.43b,
nitrogen oxides 60.44b
-Test Methods 60.45b, 60.46b
-Monitoring 60.47b, 60.48b
-Reporting and record keeping 60.49b
Applicability:
Steam generating units with a
heat input capadty from fuels
combusted in the steam
generating unit >29 MW (100
million BTU/hr).
Date of Applicability:
• Sources constructed,
reconstructed, or modified
after June 19, 1984.
• Sources meeting applicability and constructed after June 19, 1984 but before June 19,
1986 are subject to standards outlined in Subpart Db 60.40b(b)(l-4).
Affected Processes:
For all affected facilities which combust coal, oil, wood or municipal waste (alone, or in
combination with other fuels):
Emission standards for:
Particulate Matter (PM) of 22 ng/J (0.05 Ib/mmBtu) to 86 ng/J (0.20 Ib/mmBtu) depending
on fuel type and other factors, over 6 hr period
Opacity of 20%, averaged over 6 minutes, except for one 6 min. period per hour of 27%
opacity
SO2 of various limits in ng/J (Ib/mmBtu) heat input depending on fuel type and other
factors, based on a 30-day rolling average unless unit has Federally enforceable low
capacity factor for oil (10% or less), combusts only very low sulphur oil, and does not
combust other fuels.
Nox (NO2) of various limits in ng/J (Ib/mmBtu) heat input depending on fuel type based a
30-day rolling avg., unless unit has a Federally enforceable low capacity factor, or low
nitrogen fuels. In this case, compliance determined based on performance tests (specified
in 60.44b(j)(l)-(3)).
-Q
Q
t:
n3
Q_
_0
CO
I
O
\o
n3
Q_
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-19
b
O
-------
Exemptions:
• Steam generating units meeting Subpart DC applicability (i.e. having maximum design heat
input capadty >2.9 MW but <29 MW) or Subpart Da (electric utility steam generating
units) are not subject to Subpart Db.
• Existing steam generating units modified for the sole purpose of combusting gases
containing TRS as defined under 60.28.
Partial Exemptions:
Steam generating units at petroleum refineries subject to 40 CFR Part 60, Subpart J or
indnerators subject to 40 CFR Part 60, Subpart E are subject to Subpart Db only for PM and
NOx.
Steam generators subject to Subpart J who have a heat input capacity of < 73 MW (260
mmBtu/hr) are not subject to NOX emissions standards.
Percent reduction requirements not applicable to affected facilities
• for SO2 if one of the following criteria apply:
annual capadty for coal and oil < 30% (subject to Federal enforceable permit
limiting operation to annual capacity factor < 30%)
located in noncontinental areas
facility is combusting coal or oil in a duct burner and> 70% of the heat input is
from exhaust gases entering the duct burner.
burning very low sulfur oil.
Monitoring Requirements:
1) If subject to SO2 standard in 60.42(b), maintenance and operation of inlet/outlet
continuous emission monitoring system (CEMS), for monitoring SQ concentrations and
either O2 or CO2. Or, measurement of SO2 emissions according to 60.47b(l)-(4). If
burning low sulfur oil, may use fuel supplier certification.
2) If subject to opacity standard under 60.43(b) maintenance and operation of continuous
monitoring system (COMS) to measure opadty of emissions.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-20
-------
3) If subject to the nitrous oxides standards of 60.44b, maintenance and operation of COMS
to measure NOX emissions not required for duct burners used in combined cycle system
or low capadty nitrogen fuel facilities that are subject to the performance test emission
standards.
Record keeping Requirements (2 years):
1) All opacity data
2) Amount of each fuel combusted daily with recorded calculation of annual capacity factors,
maintained on a quarterly basis
3) Performance test data and initial performance test data
4) Nitrogen content of residual oil combusted in affected facility.
5) For facility subject to nitrous oxide standards: daily records of steam generating unit
operations (60.49b(g)(l)-(10))
Reporting Requirements:
1) Excess emission reports (EER) quarterly for each applicable pollutant (PM, NQ and SO2);
semi-annually if no exceedances.
2) Quarterly report of information specified in 60.49b(g) for nitrous oxide if subject to COMs
requirement under 60.48b(b).
3) Plan for NOX monitoring operating conditions, if applicable.
4) Quarterly report for sulfur dioxide as described in 60.49b(j)-(m).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-21
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-22
-------
Applicability:
Steam generating unit with
maximum design heat input
capadty of < 29 MW (100
mmBtu/hr) but > 2.9 MW (10
mmBtu/hr).
Date of Applicability:
• Sources constructed,
reconstructed, or modified
after June 19, 1989.
• Sources meeting applicability and constructed after June 19, 1984 but before June 19,
1986 are subject to standards outlined in Subpart Db 60.40(b)(l)-(4).
Affected Processes:
40 CFK Part 60 - Subpart Dc
Standards of Performance for Small Industrial-
Commercial-Institutional Steam Generating
Units
-Standards for: sulfur dioxide 60.42c and particulate matter
60.43c
-Test Methods 60.44c, 60.45c
-Monitoring 60.46c, 60.47c
-Reporting and Record keeping 60.48c
Emission standards for:
• SO2 of various levels of ng/J (Ib/mmBtu), depending on fuel type and other factors. Based
on a 30-day rolling average unless facility listed in 60.43c(h)(l), (2), or (3); then compliance
with emission limits or fuel oil sulphur limits may be determined based on certification from
fuel supplier as in 60.48c(0(l), (2), or (3).
• Particulate Matter (PM) of 22 ng/J (0.05 Ib/mmBtu) to 130 ng/J (0.30 Ib/mmBtu) depending
on fuel type and other factors
• Opadty of 20% for facilities with heat input capacity > 8.7 MW and combusting coal,
wood, or oil, averaged over 6 minutes, except for on 6 minute period per hour of 27%
opacity.
Exemptions:
• Percent reduction for SO2 not applicable to fadlities that combust coal (alone or in
combination with other fuels) that meet the following criteria:
- heat input capacity< 22 MW
- annual capadty factor for coak 55% or Federally enforceable low capadty factor
located in noncontinental areas
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-23
u
Q
Q_
_0
CO
O
Q_
b
O
-------
- facility is combusting coal or oil in a duct burner and > 70% of the heat input is from
exhaust gases entering the duct burner.
• Percent reduction for SO2 not applicable to facilities that combust oil as in 60.42c(d).
Monitoring Requirements:
• If subject to SO2 standard, maintenance and operation of outlet continuous emission
monitoring system (CEMS) for monitoring SO2 and either O2 or CO2. Inlet CEMs for
SO2 and either O2 or CO2 if % reduction requirements apply. Or, measurement of SO^
emissions according to 60.46c(d)(l)-(3).
• Facilities with heat input capacity> 8.7 MW may also obtain fuel supplier certifications.
• Facilities subject to 60.42c(h)(l), (2), or (3) that demonstrate compliance with SQ
standards based on fuel supplier certification.
• For PM: Maintenance of continuous monitoring system (COMS) for opacity if combust
coal, wood or residual oil (alone or in combination with other fuels).
Record keeping Requirements (2 years):
1) All SO2 monitor data as described in 60.46c(f)
2) Fuel supplier certification records (specified 60.48c(f)(l)-(3)).
3) Amounts of each fuel combusted during each day
4) If subject to a Federally enforceable low-capadty factor, calculation of annual capadty factor
for each fuel combusted.
Reporting Requirements:
1) Notification of date of construction, reconstruction, anticipated and actual startup as in
60.48c(a)(l-4).
2) Initial and subsequent performance tests
3) Excess emission reports (EER) quarterly for opacity; semi-annually if no exceedances.
4) Quarterly report for SO2 emissions/monitoring data (specified in 60.48c(e)(l)-(l 1)).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-24
-------
Applicability:
• Storage vessels with design
capacity > 151m3,
containing a VOL with TVP
> 5.2 kPa but less than 76.6
kPa
40 CFK Part 60 - Subpart Kb
Standards of Performance for VOC Storage
Vessels
-Monitoring 60.11Gb
- Record keeping and Reporting 60.115b
-Test methods 60.113b
Storage vessels with design capacity > 75 m3, but < 151m3, containing VOL with TVP
27.6 kPa but less than 76.6 kPa
Storage vessels with design capacity > 75m3 and TVP > 76.6 kPa
40 CFR PART 60 - SUBPART KR
AFFECTED PROCESSES
Storage vessel must be equipped with either:
Fixed roof with internal floating roof meeting the
specifications in 60.112b(a)(l)
External floating roof meeting the specifications in
60.112b(a)(2)
Closed vent system and control device meeting the
specifications in 60.112b(a)(3)
Vessels with design capacity > 75m3 and TVP > 76.6 kPa
must be equipped with a closed vent system and control
device, or equivalent system
REGULATORY THRESHOLD
If detectible emissions > 500 ppm
above background:
• Reduce VOC emissions by 95%
or greater or
• Flares must meet requirements of
60.18
Date of Applicability:
Sources constructed, reconstructed or modified after July 23, 1984.
Exemptions:
• Coke oven by-product plants
• Pressure vessels designed to operate in excess of 204.9 kPa
• Vessels permanently attached to mobile vehicle
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-25
_Q
^
t:
n3
Q_
_0
CO
O
\o
n3
Q_
b
O
-------
• Vessels with design capacity < 1,589.874 m3 used for petroleum or condensate stored,
processed, or treated prior to transfer
• Vessels at bulk gasoline plants
• Storage vessels at gasoline service stations
• Vessels to storage beverage alcohol
Monitoring Requirements:
1) Visual inspections of vessels and fixed roof and internal floating roof as described in
60.113b(a) and of vessels with external floating roofs as described in 60.113b(a) and of
vessels with external floating roofs as described in 60.113b(b)(6)
2) Determine gap areas and maximum gap widths of vessels with external floating roofs as
described in 60.113b(b).
3) Monitor parameters of closed vent system and control device in accordance to operating
plan
4) Monitor flares as required in 60.18
Record Keeping Requirements (at least 2 years):
1) Visual inspection data
2) Storage vessel dimensions and capacity
3) VOL storage information as applicable under 60.116b(c)
4) Gap measurements if floating roof
5) Storage vessels with design capacity > 40 m3, must keep records of vessel dimension and
capadty
Reporting Requirements:
1) Notification to the Administrator 30 days prior to filling storage vessel required to be
inspected under 60.113b(a)(l), 60.113b(a)(4), or 60.113b(b)(6) or required to determine
gap measurements required under 60.113b(b)(l)
2) Operating plan for closed vent system and control device as in 60.113b(c)(l)
3) Initial report describing control equipment and certification, and required measurements
4) Report any defects within 30 days
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-26
-------
Applicability:
Stationary gas turbines with heat
input at peak load> 10.7
gigajoules/ hour, based on
lower heating value of the fuel
fired.
Date of Applicability:
40 CFK Part 60 - Subpart GG
Standards of Performance for Stationary Gas
Turbines
-Standards for: nitrogen oxides 60.332, sulfur dioxide 60.333
-Monitoring 60.334
-Test Methods 60.335
-Reporting and record keeping 60.334
Sources constructed, reconstructed, or modified after October 3, 1977, except as provided in
60.332(e) and (j).
Affected Processes:
Emission standards for:
• NOX according to the standard (STD) equation outlined in 60.332(a) (1) or (2), as directed
in 60.332(b),(c), and (d)
• Gases with SO2 in excess of < 0.015% by volume at 15% O2 on a dry basis. In addition,
no fuel shall be burned which contains sulfur in excess of 0.8% by weight.
Exemptions:
Standards for NOX are not applicable for gas turbines outlined in 60.332(e) - (I).
Monitoring Requirements:
• For units using water injection to control NOX, continuous monitoring system to monitor
and record the fuel consumption and ratio of water to fuel being fired in the turbine, within
5% accuracy
• Monitoring of fuel sulfur and nitrogen content as specified in 60.334(b)(l)-(2).
Reporting Requirements:
Quarterly reports as required under 60.7, including reports of excess emissions data. The
periods of excess emissions to be reported are outlined in 60.334 (c)(l)-(4). The calculation of
emissions rates are outlined in 60.335.
(D
(D
t
S.
_Q
LD
O
\O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-27
b
O
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-28
-------
Applicability:
Design Capacity of Facility to
produce as a final product or
intermediate 1,000 Mg/Year or
more of any of the chemicals
identified
40 CFK Part 60 - Subpart VV
Standards of Performance for Equipment
Leaks of VOC from SOCMI
- Monitoring 60.485
- Record keeping 60.486
- Reporting 60.486
-Standards 60.482, 60.483
40 CFR PART 60 - SUBPART V V
AFFECTED PROCESSES
REGULATORY THRESHOLD
Pumps in light liquid service
Compressors
Pressure relief devices in gas/vapor service
Sampling connection systems
Open-ended valves or lines
Valves in gas/vapor service in light liquid service
Pumps and valves in heavy liquid service
Pressure relief devices in light or heave liquid
service
Flanges and other connectors
Closed vent systems and control devices
If measured leak > 10,000 ppm, or detection
of leak
If detectable emissions > 500 ppm above
background
If detectable emissions > 500 ppm above
background
Zero emissions except when an in-situ sampling
systems are used
Zero emissions except when a double block-
and-bleed valve is used
If measured leak > 10,000 ppm, or detection
of leak
If measured leak > 10,000 ppm, or detection
of leak
If measured leak > 10,000 ppm, or detection
of leak
If measured leak > 10,000 ppm, or detection
of leak
If detectable emissions > 500 ppm above
background, or detection of leak
Q_
_0
CO
O
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-29
-------
Date of Applicability:
Sources constructed or modified after January 5, 1981
Exemptions:
• Beverage alcohol
• Facilities with no equipment in VOC service
Monitoring Requirements:
1) Inspections
2) Monitoring specified for each process as per 60.482
3) Utilization of Method 21 to determine the presence of leaking sources and background
levels
Record Keeping Requirements:
1) Tagging leaking equipment with ID# until repaired as ID# on valves may be removed
after two successive months with no detected leaks
2) Log for each detected leak (retained for 2 years) including information required under
60.486(c)(l-9)
3) Maintenance of control equipment design information
4) Maintenance of monitoring data
5) Maintenance of operating data
6) Maintenance of equipment data
Reporting Requirements:
1) Submittal of semiannual reports beginning 6 months after the start-up date containing the
information outlined in 60.487(b) and (c)
2) Notification of the Administrator of the alternative standard selected 90 days before
implementing one of the three alternative standards for valves
3) Reporting of the performance test results to the Administrator
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-30
-------
Applicability:
40 CFK Part 60 - Subpart ODD
Standards of Performance for Volatile Organic
Compound (VOC) Emissions from the
Polymer Manufacturing Industry
-Standards for: process emissions 60.562-1; equipment leaks of
VOC 60.562-2
-Monitoring 60.563
-Test Methods 60.564
-Reporting and record keeping 60.565
Affected facilities include those
involved in the manufacture of
polypropylene, polyethylene,
polystyrene, or polyethylene
terephthalate as identified in
60.560. The affected facilities
for polypropylene and
polyethylene are inclusive of all
equipment used in the
manufacture of these polymers,
starting with raw materials preparation and ending with product storage, and cover all
emissions emanating from such equipment.
Date of Applicability:
• Polypropylene and polyethylene: September 30, 1987 or January 10, 1989 as described in
60.560(b).
• Polystyrene: September 30, 1987
• Polyethylene terephthalate: September 30,1997
Exemptions:
• Affected facilities with a design capacity to produce less than 1,000 megagrams per year are
exempt from the equipment leaks VOC standards specified in 60.562-2.
• Process sections of an experimental process line for continuous or intermittent process
emissions are exempt. ,-.
• Certain affected facilities are exempt from the process emission standards if uncontrolled /=\
emissions are below predetermined maximum allowable uncontrolled threshold emission
rates as specified in 60.560(d)-(e). "^
Q_
• Emergency vent streams from a new, modified, or reconstructed polypropylene or -^
polyethylene affected facility are exempt from the intermittent emission standards in u~)
60.562-1 (a) (2) '
O
• Individual vent streams that emit continuous emissions with uncontrolled annual emissions
of less than 1.6 megagrams per year or with a weight percent TOC of less than 0.10 "^
percent from a new, modified, or reconstructed polypropylene or polyethylene affected Q_
facility are exempt from the continuous emission standards of 562-1 (a)(1). If these levels ^
are exceeded at a later date, the exemption no longer applies. LJL
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-31 ^~
-------
Standards:
• Specific requirements exist for process emissions from polypropylene, low density
polyethylene, and high density polypropylene (60.562-1 (a)), polystyrene (60.562-l(b)),
polyethylene terephthalate (60.562-l(c)), closed vent systems and control devices
(60.562-l(d)), and vent systems that contain valves that could divert a vent stream from a
control device (60.562-l(e)).
• Specific requirements exist for equipment leaks of VOCs from affected facilities as
described in 60.562-2.
Monitoring Requirements:
• For each required monitoring device specified, the owner or operator shall install,
calibrate, maintain, and operate according to manufacturer's specifications. Monitoring
devices include temperature, flame, flow, organics, and specific gravity. Specific installation
and monitoring requirements exist for incinerators, flares, boilers and process heaters,
absorbers, condensers, and carbon adsorbers and are described in 60.563(b)-(c).
Operation and maintenance of any other control devices are regulated pursuant to
60.563(e).
Test Methods and Procedures:
• Specific test methods and procedures are specified in 60.564 for (a) performance test
specifications, (b) emission concentration standards, (c) percent emission reduction, (d)
individual stream exemptions in 60.560(g) and certain process stream standards, (e) visible
emission and flares, (f) net heating value, (g) exit velocity, (h) TOC mass emission per mass
product, (0 temperature monitoring, and (j) ethylene glycol concentration in either the
cooling tower or the liquid effluent from steam-jet ejectors used to produce a vacuum in
the polymerization reactors.
Reporting and Recordkeeping Requirements:
• Keep an up-to-date readily accessible record of specific information measured during each
performance test as identified in 60.565(a). Specific reporting requirements are identified
for control devices including incinerators, boilers or process heaters, flares, absorbers, and
condensers.
• Submit an engineering report describing in detail the vent system used to vent each
affected vent stream to a control device and maintain continuous records for at least two
years where diversion valves exist, as specified in 60.565(b).
• Specific recordkeeping requirements are detailed for incinerators, boilers, or process
heaters, flares, absorbers, adsorbers, condensers, and other control devices as specified in
60.565(c)-(0.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-32
-------
Additional recordkeeping and reporting requirements for specific activities (e.g., changes
and performance tests) are specified in 60.565(g)-(m).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-33
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-34
-------
Applicability:
40 CFK Part 60 - Subpart HHH
Standards of Performance for Synthetic Fiber
Production Facilities
-Standards for: volatile organic compounds 60.602
-Performance test and compliance provisions 60.603
-Monitoring and Recordkeeping Requirements 60.604
Each solvent-spun synthetic fiber
process which has commenced
construction or reconstruction
after November 23, 1982, and
produces more than 500
megagrams of fiber per year.
Exemptions:
Facilities that use the reaction spinning process to produce spandex fiber or the viscose process
to produce rayon fiber are not applicable to this subpart.
Facilities that commence modification but not reconstruction after November 23, 1982, are not
subject to these regulations.
Affected Processes:
• After completion of performance test, affected facilities:
- producing acrylic fibers may not discharge VOC emissions exceeding 10 kg VOC per
megagram solvent feed to the spinning solution preparation system or precipitation
bath.
- produdng both acrylic and non-acrylic fibers may not discharge VOC emissions
exceeding 10 kg VOC per megagram solvent feed.
- producing only non-acrylic fiber types shall not exceed 17 kg VOC per Mg solvent feed.
Performance Test and Compliance :
• Compliance determined on a 6 month rolling average basis as described in 60.303. -r~
Reporting Requirements:
Q_
• Report to the Administrator indicating the results of the initial performance test. _Q
• Quarterly reports to the Administrator of results of subsequent performances tests
indicating VOC emissions standards exceedances. If no exceedances occur during a
particular quarter, a report stating this shall be submitted semiannually.
• Facilities exempted from the standards (producing < 500 megagrams/yr) shall report to the
Administrator within 30 days whenever extruded fiber for the preceding 12 months
exceeds 500 megagrams. z:
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-35
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-36
-------
Applicability:
Each affected facility that
produces any of the chemicals
listed in 60.617 as a product,
co-product, by-product, or
intermediate
40 CFR Part 60 - Subpart III
Standards of Performance for VOC Emissions
from SOCMI Air Oxidation Unit Processes
-Monitoring 60.613
-Test methods 60.614
- Reporting and Record keeping 60.615
Affected Processes:
Each vent stream from any affected facility shall comply with one of the following:
• 40 CFR 60.612(a): Reduce emissions of TOC (less methane and ethane) by 98 weight
percent or to a TOC (less methane and ethane) 20 ppmv on a dry basis corrected to 3
percent oxygen whichever is less stringent; or
• 40 CFR 60.612(b): Combustion emissions in a flare that meets the requirements of
§60.18; or
• 40 CFR 60.612(c): Maintain a TRE index value greater than 1.0 without use of VOC
emissions control device
Note: Any vent stream subject to the requirements of this subpart shall be in
compliance on or after the date on which the initial performance test as required
under §§60.8, 60.18, and 60.614 is completed, but not later than 60 days after
maximum production rate or 180 days after initial startup, whichever date comes first.
Date of Applicability:
Sources constructed, reconstructed or modified after October 21, 1983
Exemptions:
Affected facility with TRE index value greater than 4.0 are only required to follow the
requirements specified in §§60.612, 60.614(1), 60.615(h), and 60.615(1).
Monitoring Requirements:
1) Incinerators
• Firebox temperature/temperature upstream and downstream of bed (for catalytic
indnerators)
• Vent stream flow to the incinerator
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-37
Q_
_0
LD
O
Q_
b
O
-------
2) Boilers or process heaters
Firebox temperature (if design heat input < 44 MW)
Periods of operation (if design heat input > 44 MW)
Vent stream flow to the boiler/process heater
3) Flares
Continuous presence of pilot flame (thermocouple or other similar device)
Vent stream flow to the flare
4) Demonstrate compliance with TRE index value using a recovery device of recovery system
• Absorber
Scrubbing liquid temperature
Specific gravity
Concentration of organic compounds exiting recovery device
• Condenser
Concentration of organic compounds exiting recovery device
Exit temperature (product site)
• Carbon adsorber
Steam flow
Carbon bed temperature
Concentration of organic compounds exiting recovery device
5) Alternative control devices or recovery device
• As specified in §60.613(e)
Record Keeping Requirements: (Applicable to all affected facilities)
1) Performance test data as specified in 60.615(b) for each control device, flare or recovery
device.
2) Continuous records specified for each control device, flare, or recovery device 60.615(c) -
(h) including:
Equipment operating parameters specified to be monitored; and
Periods of operation in which parameter boundaries are exceeded [as defined in
60.615(c)];
Flow indication; and
Periods when vent stream is diverted from control device or has no flow rate
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-38
-------
Reporting Requirements: (Applicable to all affected facilities)
1) Notification to the Administrator of the specific provision (control device, flare, TRE)
selected to comply.
2) Notification to the Administrator 90 days before implementation of a change to use an
alternative provision.
3) Initial performance test report as per §60.8 and 60.615.
4) Semiannual reports containing the information outlined in 60.615(j)
Testing Requirements:
All performance tests to be conducted in conformance with §60.8. 60.18 (flares), and 60.614.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-39
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-40
-------
Applicability:
Each affected facility that
produces any of the chemicals
listed in 60.667 as a product,
co-product, by-product, or
intermediate
Affected Processes:
40 CFR Part 60 - Subpart NNN
Standards of Performance for VOC Emissions
from SOCMI Distillation Operations
- Monitoring 60.663
- Test methods 60.664
- Reporting and Record keeping 60.665
Each vent stream from any affected facility shall comply with one of the following:
• 40 CFR 60.662(a): Reduce emissions of TOC (less methane and ethane) by 98 weight
percent or to a TOC concentration; of 20 ppmv on a dry basis corrected to 3 percent
oxygen, whichever is less stringent, or
• 40 CFR 60.662(b): Combust emissions in a flare that meets the requirements of 60.18;
or
• 40 CFR 60.662(c): Maintain a TRE index value greater than 1.0 without use of VOC
emissions control device
Note: Any vent stream subject to the requirements of this subpart shall be in
compliance on or after the date on which the initial performance test as required
under §§60.8, 60.18 and 60.664 is completed, but not later than 60 days after
maximum production rate or 180 days after initial startup, which date comes first.
Date of Applicability:
Sources constructed, reconstructed or modified after December 30,1983.
Exemptions:
• Coal tar or beverage alcohol producing processes or affected facilities that use, contain or
produce no VOC
• Polymer manufacturers (subject to Subpart DDD)
• Distillation units operated as a batch processes
Partial Exemptions:
• Affected facility with TRE index value greater than 8.0 are only required to follow the
requirements specified in §§60.662, 60.664(d), (e), and (1); and 60.665(h) and (1).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-41
Q_
_Q
CO
O
Q_
b
O
-------
• Affected facility with a total design capacity for all chemicals produced is less than 1 Gg/year
are only required to follow the record keeping and reporting requirements in §60.665(j),
(0(6).
• Affected facility operated with a vent stream flow rate less than 0.008 scm/minute are only
required to follow the test method and procedure and the record keeping and reporting
requirements in §60.664(g) and §60.665(I),(1)(5) and (o).
Monitoring Requirements:
1) Incinerators
• Firebox temperature/temperature upstream and downstream of bed (for catalytic
indnerators)
• Vent stream flow to the incinerator
2) Boilers or process heaters
• Firebox temperature (if design heat input < 44 MW)
• Periods of operation (if design heat input > 44 MW)
• Vent stream flow to the boiler/process heater
3) Flares
• Continuous presence of pilot flame (thermocouple or other similar device)
• Vent stream flow to the flare
4) Demonstrate Compliance with TRE index value using a recovery device or recovery
systems
• Absorber
Scrubbing liquid temperature
Specific gravity
Concentration of organic compounds exiting recovery device
• Condenser
Exit temperature
Concentration of organic compounds exiting recovery device
• Carbon adsorber
Steam flow
Carbon bed temperature
Concentration of organic compounds exiting recovery device
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-42
-------
5) Alternate control devices or recovery device
• As specified in §60.663(e)
Record Keeping Requirements (Applicable to all affected facilities)
1) Performance test data as specified in §60.665(b) for each control device, flare, or recovery
device
2) Continuous records specified for each control device, flare, or recovery device as per
60.665(c) - (j) including:
Equipment operating parameters specified to be monitored; and
Periods of operation in which parameter boundaries are exceeded [as defined in
60.665 (c)];
Flow indication; and
Periods when vent stream is diverted from control device or has no flow rate.
Reporting Requirements (applicable to all affected facilities):
1) Notification to the Administrator of the specific provisions (control device, flare, or TRE)
selected to comply.
2) Notification to the Administrator 90 days before implementation of a change to use an
alternative provision.
3) Initial performance test report as per §§60.8 and 60.665.
4) Initial and semiannual reports containing the information in 60.665(1), (n), and (o).
Testing Requirements
All performance tests to be conducted in conformance with §§60.8, 60.18 (flares), and
60.664.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-43
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-44
-------
Applicability:
Each affected facility that
produces any of the chemicals
listed in 60.707 as a product,
co-product, by-product, or
intermediate.
Affected Processes:
40 CFR Part 60 - Subpart RRK
Standards of Performance for VOC Emissions
from SOCMI Reactor Processes
- Monitoring 60.703
- Test methods 60.704
- Reporting and Record keeping 60.705
Each vent stream from any affected facility shall comply with one of the following:
• 40 CFR 60.702(a): Reduce emissions of TOC (less methane and ethane) by 98 weight
percent or to a TOC concentration; of 20 ppmv on a dry basis corrected to 3 percent
oxygen, whichever is less stringent; or
• 40 CFR 60.702(b): Combust the emissions in a flare that meets the requirements of
60.18; or
• 40 CFR 60.702(c): Maintain a TRE index value greater than 1.0 without use of VOC
emissions control device
Note: Any vent stream subject to the requirements of this subpart shall be in
compliance on or after the date on which the initial performance test as required
under §§60.8, 60.18 and 60.704 is completed, but not later than 60 days after
maximum production rate or 180 days after initial startup, whichever date comes first.
Date of Applicability:
Sources constructed, reconstructed or modified after June 29, 1990.
Exemptions:
Reactor process designed and operated as a batch operation
Process unit produces beverage alcohols or which uses, contains, and produces no VOC
Reactor process subject to subpart DDD
Partial Exemptions:
• Affected facility with TRE index value greater than 8.0 only required to follow the
requirements specified in §§60.702(c); 60.704(d), (e), and (1); 60.705(g), (1), and (t).
• Affected facility with a total design capacity for all chemicals produced is less than 1 Gg/year
are only required to follow the record keeping and reporting requirements under
§60.705(1), (1)(6) and (n).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-45
Q_
_Q
CO
O
Q_
b
O
-------
• Affected facility operated with a vent stream flow rate less than 0.011 scm/min are only
required to follow the test method and procedure and the record keeping and reporting
under §60.704(g) and 60.705(h), (1)(5), and (o).
• Vent stream is routed to a distillation unit subject to Subpart NNN is only required to
follow §60.705.
• Affected facility operated with TOC concentration (less methane and ethane) in the vent
stream less than 300 ppmv (Method 18) or 150 ppmv (Method 25A) is only required to
follow the test method and procedure and the reporting and record Keeping
Requirements in §§60.704(h) and 60.705(j), (1)(8) and (p).
Monitoring Requirements:
1) Incinerators
• Firebox (or immediately downstream of the firebox) temperature or temperature
upstream and downstream of bed (for catalytic incinerators);
• Vent stream flow diverted from being routed to the incinerator;
• Install monitor of the entrance to any by-pass line; or
• Car-seal/lock-and-key type configuration with month visual check.
2) Boilers or process heaters
Firebox temperature (if design heat input < 44 MW);
Periods of operation (if design heat input > 44 MW);
Vent stream flow diverted from being routed to the boiler/process heater;
Install monitor of the entrance to any by-pass line; or
Car-seal/lock-and-key type configuration with month visual check.
3) Flares
• Continuous presence of pilot flame (thermocouple or other similar device);
• Vent stream flow diverted from being routed to the flare;
• Install monitor of the entrance to any by-pass line; or
• Car-seal/lock-and-key type configuration with month visual check.
4) Demonstrate compliance with TRE index value using a recovery device or recovery
system
• Absorber
Scrubbing liquid temperature
Specific gravity
Concentration of organic compounds exiting recovery device
• Condenser
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-46
-------
Exit temperature
Concentration of organic compounds exiting recovery device
• Carbon adsorber
Steam flow
Carbon bed temperature
Concentration of organic compounds exiting recovery device
5) Alternative control devices or recovery devices
• As specified in §60.703(e) by the Administrator
Record Keeping Requirements (Applicable to all affected facilities)
1) Performance test data as specified in §60.705(b) for each control device, flare, or recovery
device
2) Continuous records specified for each control device, flare, or recovery device as per
60.705 (c) - (j) including:
Equipment operating parameters specified to be monitored; and
Periods of operation in which parameter boundaries are exceeded [as defined in
60.705(c)]; and
Flow indication; and
Periods when vent stream is diverted from control device or has no flow rate.
Reporting Requirements (Applicable to all affected facilities)
1) Notification to the Administrator of the specific provisions (control device, flare, or TRE)
selected to comply.
2) Notification to the Administrator 90 days before implementation of a change to use on
alternative provision.
3) Initial performance test report as per §§60.8 and 60.705
4) Initial and semiannual reports containing the information in 60.705(1), (n)-(p), and (r)-(t).
Testing Requirements
All performance tests to be completed in conformance with §§60.8, 60.18 (flares), and
60.704.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-47
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-48
-------
Applicability:
Plants producing:
1) Ethylene dichloride by
reaction of oxygen and
hydrogen chloride with
ethylene,
40 CFK Part 61 - Subpart F
National Emissions Standards for Vinyl
Chloride
- Monitoring 61.67, 61.68
- Record keeping 61.71
- Reporting 61.69, 61.70 Standards of Performance for VOC
Storage Vessels
2) Vinyl chloride by any
process, and/or
3) One or more polymers containing any fraction of polymerized vinyl chloride.
Affected Processes:
Emission standards for:
• Ethylene dichloride plants
- ethylene dichloride purification [61.62(a)]
- oxychlorination reactor [61.62(b)]
• Vinyl chloride plants
- vinyl chloride formation and purification [61.63(a)]
• Polyvinyl chloride plants
- reactor [61.64(a)]
- stripper [61.64(b)]
- mixing, weighing, and holding containers [61.64(c)]
- monomer recovery system [61.64(d)]
- sources following stripper [61.64(ej]
- reactor used as stripper [61.64(0] Q_
• All ethylene dichloride, vinyl chloride, and polyvinyl chloride plants
-------
Exemptions:
• Equipment used in research and development if reactor used to polymerize the vinyl
chloride has a capacity of less than 0.19 m3 (50 gal)
• Equipment used in research and development with reactor (used to polymerize the vinyl
chloride) > 0.19 m3 and < 4.17 m3 (1,100 gal) are subject to 61.64(a)(l), (b), (c), and (d);
61.67; 61.68; 61.69; 61.70; and 61.71
Monitoring Requirements:
1) Monitoring program to detect and identify major leaks [61.65(b)(8)]
2) Monitoring of flares in accordance with 60.18(d) and 60.18(1) (2)
3) Emission tests (with prior notification to the Administrator) as required under 61.67.
4) Continuous monitoring system for vinyl chloride as described under 61.68.
Reporting Requirements:
1) Reports to the Administrator from polyvinyl chloride plants on any discharge from manual vent
valves [61.64(a)(3)], from all affected facilities on any relief valve discharges [61.65(a)].
2) Submission of monitoring program to detect, identify, and repair major leaks [61.65(b)(8)].
3) Reports concerning flare design and operation as required under 61.65(d)(2).
4) Notification to the Administrator 30 days prior to performing emission test.
5) Initial report as described in 61.69.
6) Quarterly reports containing the information described in 61.70(c).
Record Keeping Requirements (at least 2 years):
1) Visual inspection data
2) Storage vessel dimensions and capacity
3) VOL storage information as applicable under 60.116b(c)
4) Gap measurements if floating roof
5) Storage vessels with design capacity > 40 nf, must keep records of vessel dimension and
capadty.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-50
-------
Applicability:
40 CFK Part 61 - Subpart J
Sources intended to
National Emission Standard for Equipment
Leaks (Fugitive Emission Sources of Benzene)
operate in benzene service
including pumps,
compressors, pressure
relief devices, sampling
connections, systems, open-ended valves or lines, valve flanges and other connectors,
product accumulator vessels, and control devices
• Required to comply with Part 61, Subpart V
Date of Applicability:
All existing sources.
Exemptions:
• Sources located in coke by-product plants
• Plant sites designed to produce or use less than 1,000 mg/year
• Any process unit that has no equipment in benzene service
Monitoring Requirements:
Requirements in Part 61, Subpart V
Q_
_Q
00
Q_
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-51
b
O
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-52
-------
Applicability:
• 61.145 is applicable to
owners or operators of a
demolition or renovation
activity
61.146 is applicable to
owners or operators of an
operation in which
asbestos-containing materials are spray applied.
40 CFR Part 61 - Subpart M
National Emission Standard for Asbestos
- Standard for Demolition and Renovation 61.145
- Standard for Spraying 61.146
- Standard for Insulating Materials 61.148
- Standard for Waste Disposal for Manufacturing,
Fabricating, Demolition, Renovation, and Spraying
Operations
Affected Processes:
• For demolition, requirements in 61.145(b) and (c) apply if the combined amount of
Regulated Asbestos-Containing Material (RACM) meets criteria listed in 61.145(a) (1) (I) or
00
• For renovation, requirements in 61.145(b)( and (c) apply if the combined amount of
RACM to be stripped, removed, dislodged, cut, drilled, or disturbed meets the criteria in
61.145(4)0 or (ii)
• All RACM must be removed from a facility being demolished or renovated before any
activity begins that would break up, dislodge, or disturb the material or preclude access to
the material for removal
• When a facility component that contains, is covered with, or is coated with RACM is being
taken out of the facility as a unit or in sections, the procedures in 61.145(c)(2) must be
followed; and when RACM is stripped from a fadlity component while it remains in place
at the facility, procedures in 61.145(c)(3) must be met
• After a facility component covered with, coated, with, or containing RACM is taken out of
the facility, it must be handled according to the procedures in 61.145(c)(4). Large
components such as reactor vessels, large tanks, and steam generators must be handled
according to procedures in 61.145(c)(5)
• All RACM must be handled according to procedures in 61.145(c)(6)
• No RACM can be stripped, removed, or otherwise handled or disturbed at a facility unless
at least one onsite representative is trained in compliance with the regulations
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-53
Q_
_Q
00
Q_
b
O
-------
• Under 61.146, material that contains more than 1% asbestos cannot be used for spray
application on buildings, structures, pipes, and conduits
• Under 61.148, no owner or operator may install or reinstall on a facility component any
insulating materials that contain commercial asbestos if the materials are either molded and
friable or wet-applied and friable after drying; and this does not apply to spray-applied
insulating materials regulated under 61.146
• Under 61.150, each owner or operator of any source covered under 61.145 or 61.146
must:
- Discharge no visible emissions to the outside air during the collection, processing,
packaging, or transporting any asbestos-containing waste material generated by the
source, or use one of the emission control and waste treatment methods specified in
61.150(a)((l) through (4)
- Dispose of all asbestos-containing waste material as soon as practical at sites as listed in
61.150(b)
- Mark vehicles used to transport asbestos-containing waste material as in 61.150(c)
Exemptions:
• If the facility is being demolished under State or local government order because the facility
is structurally unsound or in danger of imminent collapse, only 61.145(b)(l), (b)(2),
b(3)(iii), (b)(4) (except (b)(4)(VIII)), (b)(5), and (c)(4) through (c)(9)
• RACM does not need to be removed before demolition if it meets the criteria in
61.145(c)(l)0, (ii), (iii),or(iv)
• Spray-on application of materials is not subject to 61.146 when the asbestos fibers in the
materials are encapsulated with a bituminous or resinous binder during spraying and the
materials are not friable after drying
• Owners and operators of sources subject to 61.146 are exempt from the requirements of
61.05(a), 61.07, and 61.09.
• Requirements in 61.150(a) do not apply to demolition and renovation for Category I
nonfriable ACM waste and Category II nonfriable ACM waste that did not become
crumbled, pulverized, or reduced to powder
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-54
-------
Reporting and Record Keeping Requirements:
• Owner or operator of demolition or renovation activity must submit and update written
notice containing the information in 61.145(b)(4)(I) through (xvii)
• Spray-on application of materials that contain more than 1% asbestos on equipment and
machinery are subject to the notification and procedural requirements in 61.146(b)(l) and
(2)
• Waste shipment records must be maintained for all asbestos-containing waste as described
in61.150(d)
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-55
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-56
-------
Applicability:
Sources intended to operate in
VHAP service including pumps,
compressors, pressure relief
devices, sampling connection
systems, open-ended valves or
lines, valves, flanges and other
connectors, product
accumulator vessels, and control devices.
40 CFK Part 61 - Subpart V
National Emission Standard for Equipment
Leaks (Fugitive Emission Sources)
- Monitoring 61.242, 61.245
-Reporting 61.247
- Recordkeeping 61.246
40 CFR PART 61 - SUBPART V
AFFECTED PROCESSES
Pumps
Compressors
Valves
Pressure relief devices in gas/vapor service
Presssure relief devices in liquid service and flanges and other
connectors
Closed-Vent Systems
Control devices
REGULATORY THRESHOLD
If measured leak 10,000 ppm or
more, or if indication of liquids
dripping from pump seal.
Facility required to determine a
criterion that indicates failure of the
seal system and/or barrier fluid
system.
If measured leak 10,000 ppm or
more. Alternative standards 1 and
2, leak is detected if more than 2%
of valves emitting 10,000 ppm or
more.
If detectable emissions greater than
500 ppm above background.
If measured leak 10,000 ppm or
more.
Leak is detected if detectable
emissions greater than 500 ppm.
Vapor recovery systems must
recover vapors with 95% efficiency
or greater. Combustion devices
must recover vapors with 95%
efficiency or greater and must
provide a minimum residence time
of 0.5 seconds at minimum
temperature of 760 °C.
Q_
_Q
CO
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-57
-------
Date of Applicability:
After date of promulgation of specific Subpart in Part 61.
Exemptions:
None
Monitoring Requirements:
1) Pumps—Weekly visual inspection (not required if pump within boundary of unmanned
plant site) and monthly instrumental monitoring using RM 21. Instrumental monitoring of
pumps equipped with a dual mechanical seal system is required only if indication of liquid
drippings from pump seal. Instrumental monitoring of pumps designated for no detectable
emission is required annually.
2) Compressors—Daily check of sensor or equip sensor with audible alarm. If compressor is
equipped with closed vent system capable of capturing and transporting leak to control
device, annual monitoring using RM 21.
3) Valves—Monthly instrumental monitoring using RM 21 (unless leak not detected for 2
successive months, then quarterly monitoring) or implementation of Alternative 1 or 2.
4) Pressure relief devices in gas/vapor service—Monitoring using RM 21 within 5 days of
pressure release.
5) Pressure relief devices in liquid service and flanges and other connectors—Monitoring
using RM 21 within 5 days of detecting potential leak.
6) Closed vent systems—Initial and annual monitoring.
Reporting Requirements:
1) Initial notification that requirement is being implemented as required under 61.247(a).
2) Semiannual report (including information on leaks and repairs) as required under
61.247(b).
Record Keeping Requirements:
1) Tagging leaking equipment with ID# until after 2 successive months with no detected
leaks.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-58
-------
2) Information on leaking equipment and repairs as required under 61.246(c), kept for 2
years.
3) Equipment design information for closed-vent systems and control devices as described in
61.246(d).
4) Information on equipment to which a standard applies as described in 61.246(e).
5) Information on valves as required under 61.246(0 and (g).
6) Design criterion as described in 61.246(h).
7) Information related to exemptions as described in 61.246(0 and (j).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-59
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-60
-------
Applicability:
(10,000 gal)
Affected Processes:
40 CFK Part 61 - Subpart Y
All benzene storage vessels with ,T ,. , r . . c, , ,, „
a design capacity >38 irf Natlonal Emission Standard for Benzene
Emissions from Benzene Storage Vessels
-Monitoring 61.272
-Record keeping 61.276
- Reporting 61.274 & 61.275
Storage vessels storing benzene
having specific gravities as indicated in 6 1.2 70 (a)
Storage vessel must be equipped with either:
1) Fixed roof and internal floating roof, meeting the specifications in 6 1.271 (a), or
2) External floating roof meeting the specifications in 6 1 . 2 7 1 (b) , or
3) Closed vent system and control device meeting the specifications in 6 1.271 (c). Operated
with emissions < 500 ppm above background and a control device to reduce benzene
emissions by 95% or greater
Date of Applicability:
All existing sources.
Exemptions:
• Vessels at coke-byproduct facilities \_
Vessels permanently attached to trucks, rails cars, barges or ships _*
Q_
Pressure vessels designed to operate in excess of 204.9 kPa and without emissions to the
atmosphere
If also subject to 40 CFR Part 60, subparts K, K,, Kb, must comply only with the subpart —
with the most stringent standards. \O
Q_
Monitoring Requirements: (J
_ O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-61
-------
1) Visual inspections of vessels with fixed roof and internal floating roof as described in
61.272(a)
2) Determine gap areas and widths between primary and secondary seals and the vessel wall
as in 61.2 72 (b), and conduct visual inspections of each time a vessel with external floating
roof is emptied and degassed as in 61.272(b)(6)
3) Monitor parameters of closed vent systems and control devices in accordance with
operating plan
4) Monitor flares as required in 60.18
Record Keeping Requirements:
1) Maintain records showing dimensions of storage vessel and analysis of capacity as long as
vessel is in operation. This requirement is also applicable to storage vessels with a design
capadty < 38 m^
2) Records related to vessels equipped with closed vent systems with control devices as
described in 61.2 76 (c) (maintain for at least 2 years)
Reporting Requirements:
1) Vessels with fixed roofs and internal floating roofs, and vessels with external roofs:
Notification to the Administrator 30 days prior to filling storage vessel required to be
inspected under 61.272(a)(l), (a)(3), or b(6).
2) Operating plan for closed vent system and control device that meets the requirements of
61.272(c)(l)
3) Initial report describing control equipment and other information as required under
61.2 74 (a) and (b) (all affected storage vessels)
4) Periodic reports describing inspection results of vessels with fixed roof and internal floating
roofs [61.275(a), (b) and (c)], and describing results of seal gap measurements of vessels
with external floating roofs [61.275(d)]
5) Quarterly reports of each occurrence that results in excess emissions for vessels equipped
with closed vent systems with control devices [61.275(e)]
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-62
-------
40 CFK Part 61 - Subpart BB
National Emission Standard for Benzene
Emissions from Benzene Transfer Operations
-Monitoring 61.303
- Record keeping 61.304
-Reporting 61.305
Applicability:
Facilities loading benzene onto
tank trucks, rail cars or marine
vessels at each benzene
production fadlity and bulk
terminal.
Affected Processes:
Loading Racks:
• Each loading rack must be equipped with a vapor collection system
• Control devices must be installed that reduce benzene emissions through it by 98 weight
percent
• Benzene loading must be done in accordance to procedures and criteria outlined in 61.302
Date of Applicability:
All existing sources.
Exemptions:
• Facilities loading benzene-laden waste, gasoline, crude oil, natural gas, liquids, petroleum
distillates or benzen-laden liquid from coke by-product recovery plants
• Facilities with annual benzene loading less than 1.3 million liters of 70 weight-percent or more
benzene.
• Facilities that load only liquid containing less than 70 weight percent benzene
Monitoring Requirements:
1) Inspect vapor collection system and control device for detectable emissions
2) Incinerator
- Temperature (continuous)
- Percent reduction of benzene achieved (performance test)
- Duration of loading cycle (performance test)
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-63
00
CO
tj
n3
Q_
_Q
CO
Q_
b
O
-------
3) Flares
- Heat sensing device
- Visible emission readings, flow rate measurements, maximum permitted velocity calculations,
exit velocity, and heat content (performance test)
- Flare pilot flame monitoring, loading cycle duration, loading cycles where pilot flame is absent
(performance test)
4) Process heater or steam generating unit
- Temperature (units < 44 MW design)
- Periods of operation (units > 44 MW design)
- Description of location at which vent stream is introduced (performance test)
- Duration of loading cycle (performance test)
5) Control Devices: Carbon Adsorption System
- Concentration of organic compounds in outlet gas (continuous)
- Control efficiency, R, of system and all supporting performance test data and calculations
6) Records of equipment operating parameters specified to be monitored and records of
periods of operation during which parameter boundaries are exceeded
7) Records relating to vent systems with valves that could divert emission from control device
8) Vapor tightness documentation
Reporting Requirements:
1) Initial performance test and engineering report including data required under 61.305(a)
2) Quarterly reports of the information required under 61.305(0
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-64
-------
Applicability:
All existing sources and facilities
handling benzene wastes
including: chemical
manufacturing plant, coke by-
product recovery plants,
petroleum refineries and
hazardous waste treatment
storage and disposal facilities.
40 CFK Part 61 - Subpart FF
National Emissions Standard for Benzene
Waste Operations
- Monitoring 61.354
- Record keeping 61.356
-Reporting 61.357
40 CFR PART 61 - SUBPART FF
AFFECTED PROCESSES
Tanks
Surface impoundments
Containers
Oil-water separators
Treatment processes
Individual drain systems
REGULATORY THRESHOLD
Fixed-roof and closed-vent system with control device so
that detectable emissions < 500 ppmv above background
meeting the specifications in 61.343.
Cover and closed-vent system with control device
designed such that detectable emissions are no greater
than 500 ppmv above background meeting the
specifications in 61.344.
Cover (or cover and closed-vent system for treatment)
designed such that detectable emissions are no greater
than 500 ppmv above background meeting the
specifications in 61.345.
Fixed-roof and closed-vent system with control device
meeting the specifications in 61.347 designed such that
detectable emissions are no greater than 500 ppmv
above background.
Treatment process meeting the specifications in 61.348
that either removes benzene from waste stream to <
10 ppmw on a flow-weighted basis, 99% on a mass basis
or 99% destruction efficiency by combustion.
Cover and closed-vent system meeting the specifications
in 61.346 with control device designed such that
detectable emissions are no greater than 500 ppmv
above background.
Q_
_Q
CO
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-65
-------
40 CFR PART 61 - SUBPART FF
AFFECTED PROCESSES
REGULATORY THRESHOLD
Closed-vent systems and control
devices
Closed-vent systems meeting the specifications in 61.349
designed such that detectable emissions are no greater
than 500 ppmv above background
Control devices designed so that:
• Enclosed combustion device either reduces organic
emissions by 95 weight-percent or greater; achieves
a total organic concentration of 20 ppmv on a dry
basis corrected to 3% oxygen; or provides minimum
residence time of 0.5 seconds at minimum
temperature of 760 °C.
• Flares must comply with 60.18.
• Vapor recovery system recovers or controls organic
emissions with an efficiency of 95 weight-percent or
greater or controls benzene emissions with 98
percent efficiency.
• Flare complies with requirements of 60.18.
Date of Applicability:
All existing sources.
Exemptions:
• Waste gases or vapors from process fluids
• Waste in segregated storm water sewer
• Facilities with a total annual benzene quantity of less than 10 mg/year [calculated in
accordance with 61.342(a)].
Monitoring Requirements:
1) Conduct initial and annual monitoring of detectable emissions from tanks, surface
impoundments, containers, oil/water separators, drain systems, and closed-vent systems
and control devices.
2) Visually inspect tanks, surface impoundments, containers, oil/water separators, and closed-
vent systems and control devices initially and quarterly thereafter.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-66
-------
3) Monitor each treatment process or wastewater treatment system unit in accordance with
61.354(a) or (b).
4) Continuously monitor control device operation in accordance with 61.354(c).
5) Monitor carbon adsorption systems that do not regenerate carbon onsite in accordance
with61.354(d).
6) Inspect bypass line valves and flow readings from closed-vent bypass lines that could divert
vent streams from control devices in accordance with 61.354(1).
7) Determine annual benzene quantity from facility waste using the procedure specified in
61.355.
Record Keeping Requirements:
1) Records identifying each waste stream and the information required under 61.356(b).
2) Documentation for each offsite waste shipment for treatment, including information in
61.356(c).
3) Engineering design documentation for control equipment (for life of equipment).
4) Records of treatment processes as required under 61.356(e).
5) Records of closed-vent systems and control devices as required under 61.356(0.
6) Records of visual inspections conducted as described under 61.356(g).
7) Records of tests for no detectable emissions as described under 61.356(h).
8) Information on operation of each treatment process as described in 61.3560).
9) Information on operation of each control device as described in 61.356(j).
Control devices designed so that:
• Enclosed combustion device either reduces organic emissions by 95 weight-percent or
greater; achieves a total organic concentration of 20 ppmv on a dry basis corrected to
3% oxygen; or provides minimum residence time of 0.5 seconds at minimum
temperature of 760° C.
• Flares must comply with 60.18.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-67
-------
• Vapor recovery system recovers or controls organic emissions with an efficiency of 95
weight-percent or greater or controls benzene emissions with 98 percent efficiency.
• Flare complies with requirements of 60.18.
Reporting Requirements:
1) Initial reports containing information as in 61.357(a) and (d)(l).
2) Annual reports in accordance with 61.357(d)(2)-(5) and 61.357(d)(8).
3) Quarterly reports required in 61.357(d)(6) and (7).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-68
-------
Applicability:
40 CFK Part 63 - Subpart F
SOCMI facility that meets all of r
the following:
1) Manufactures as a
primary product one or
more of the chemicals
listed in Table 1,
National Emission Standard for Organic
Hazardous Air Pollutants from the Synthetic
Organic Chemical Manufacturing Industry
-Monitoring 63.103
- Reporting and Record keeping 63.103
2) Uses as reactant or manufacture as a product, by-product, or co-product, one or more
of the organic HAPs listed in Table 2, and
3) Is located at a plant site that emits more than 10 tpy of any individual HAP or more than
25 tpy of any combination of HAP in any 12 month period
Affected Processes:
Must limit emissions from all sources (Process vents, Storage vessels, Transfer operations,
Wastewater streams, Equipment leaks) according to provisions in Subpart G and H.
Date of Applicability:
Sources constructed or modified after December 31, 1982 shall be in compliance with
subparts F, G and H upon initial start-up or April 24, 1994
Existing sources must comply with subparts F and G no later than 3 years from April 22, 1994
Existing sources must comply with subpart H shall comply according to their Table 1 Groups (I-
V) and schedules specified in 63.100(k)(3)-(7)
Exemptions: _Q
Z5
• If facility satisfies 1) and 2) above and has a federally enforceable exemption proving 3) is
not satisfied
If facility satisfies 1) and 3) above but does not use or produce any organic HAP listed in
Table 2
IVJ
Q_
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-69
b
o
-------
Monitoring Requirements:
Initial performance tests and initial compliance determinance as specified in Subpart G and H
Record Keeping Requirements:
Facilities subject to subparts F, G and H to keep all applicable reports and records as required
for 5 years (recent 2 at facility and remaining 3 off-site) or as specified in subpart
Reporting Requirements:
1) Initial reports required under subparts F, G and H, and Part 70 or Part 71 operating
permits
2) Notification to the Administrator 30 days prior to conducting performance test
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-70
-------
Applicability:
Affects all Group 1 and Group 2
process vents (defined in
63.111) at affected facilities as
determined under subpart F.
40 CFK Part 63 - Subpart G
National Emissions Standards for Organic
Hazardous Air Pollutants from the Synthetic
Organic Chemical Manufacturing Industry for
Process Vents
- Monitoring 63.114
- Record keeping 63.117, 63.118
-Reporting 63.118
40 CFR PART 63 - SUBPART G - PROCESS VENTS
AFFECTED PROCESSES
All affected facilities
Group 1 process vents (63.113(a))
Halogenated Group 1 process vent
(63.113(c))
Group 2 process vent (63.113(d))
REGULATORY THRESHOLD
Must control organic HAP emissions according to
equations provided in 63.112(a) or comply with the
other requirements set forth in 63.112
Reduce organic HAP emissions using a flare
Reduce emissions of total organic HAP by 98
weight percent or 20 ppmv on a dry basis
corrected to 3 percent oxygen whichever is less
stringent
Maintain a TRE index value greater than 1.0 at
outlet to recovery device
Reduce overall emissions of hydrogen halides and
halogens by 99 percent or reduce the outlet mass
of total hydrogen halides and halogens to less than
0.45 kg/h whichever is less stringent
Comply with requirements set forth in 63.113(d)-
(g)
Date of Applicability:
Dates are specified in Subpart F (63.100(k))
Exemptions:
Overlap with other regulations for process vents must be examined in 63.110(d)
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-71
CO
CO
CO
Q_
6
Q_
_Q
CO
Q_
b
O
-------
Monitoring Requirements:
Monitoring requirements for each control device are specified in 63.114; monitoring devices
requires continuous emissions monitoring. Performance tests as required under 63.116.
Record Keeping Requirements:
Logs containing up-to-date records of monitoring; notification of compliance; performance
tests
General reporting requirements as per 63.152:
Initial notification; implementation plan; notification of compliance status; periodic reports
submitted semiannually
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-72
-------
Applicability:
Affects all Group 1 and Group 2
storage vessels (defined in
63.111) at affected facilities as
determined under subpart F.
40CFKPart63-SubpartG
National Emissions Standards for Organic
Hazardous Air Pollutants from the Synthetic
Organic Chemical Manufacturing Industry for
Storage Vessels
-Monitoring 61.119
-Record keeping 63.123
-Reporting 63.122
40 CFR PART 63 - SUBPART G - STORAGE VESSELS
AFFECTED PROCESSES
All affected facilities
Group 1 storage vessels (63.119(a))
Group 2 storage vessels
REGULATORY THRESHOLD
Must control organic HAP emissions according to
equations provided in 63.112(a) or comply with the
other requirements set forth in 63.112
If stored liquid emits a HAP and has a max. true
vapor pressure is less than 76.6 kPA, then it must
install a control device which complies with the
requirements 63.119(b)-(d)
If stored liquid emits a HAP and has a max. true
vapor pressure is greater than 76.6 kPA, then it
must install a closed vent system that vents to
control device and complies with the requirements
63.119(e)
Must verify emissions average using directions in
63.150 and determine compliance provisions to be
used
Date of Applicability:
Dates are specified in Subpart F (63.100(k)).
Exemptions:
Overlap with other regulations for process vents must be examined in 63.110(b)
CO
CD
CO
CO
CD
DuO
Q_
_O
CO
Q_
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-73
b
o
-------
Monitoring Requirements:
Visual inspections of gaps and seals; monitoring requirements for each control device is
specified in 63.119; monitoring devices requires continuous emissions monitoring
Record Keeping Requirements:
Logs containing up-to-date records of monitoring; notification of compliance; design
evaluation; performance tests
Reporting requirements as per 63.152:
Initial notification; implementation plan; notification of compliance status; periodic reports
submitted semiannually
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-74
-------
Applicability:
Affects all Group 1 and Group 2
transfer operations (defined in
63.111) at affected facilities as
determined under subpart F.
40CFKPart63-SubpartG
National Emissions Standards for Organic
Hazardous Air Pollutants from the Synthetic
Organic Chemical Manufacturing Industry for
Transfer Operations
-Monitoring 63.127
- Reporting and Record Keeping 63.129
40 CFR PART 63 - SUBPART G - TRANSFER OPERATION
AFFECTED PROCESSES
All affected facilities
Group 1 transfer operations (63.125)
Group 2 transfer rack
REGULATORY THRESHOLD
Must control organic HAP emissions according to
equations provided in 63.112(a) or comply with the
other requirements set forth in 63.112
Reduce organic HAP (except halogenated) emissions
using a flare
Reduce emissions of total organic HAP by 98 weight
percent or 20 ppmv on a dry basis corrected to 3
percent oxygen whichever is less stringent
Use a vapor balancing system to collect and recirculate
vapors to storage tanks
Only record keeping required and no other thresholds
apply
CO
&
CO
Date of Applicability:
Dates are specified in Subpart F (63.100(k))
Exemptions:
Overlap with other regulations for process vents must be examined in 63.110(c)
Monitoring Requirements:
Monitoring requirements for each control device is specified as 63.127; monitoring devices
requires continuous emissions monitoring
Record Keeping Requirements:
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-75
(D
Q_
_Q
CO
Q_
b
O
-------
Logs containing up-to-date records of monitoring; notification of compliance; design evaluation;
performance tests.
Reporting Requirements (as per 63.152):
Initial notification; implementation plan, notification of compliance status; periodic reports
submitted semiannually.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-76
-------
Applicability:
Affects all Group 1 and Group 2
process wastewater (defined in
63.111 and 63.132(d)) at
affected facilities as determined
under subpart F.
40CFKPart63-SubpartG
National Emissions Standards for Organic
Hazardous Air Pollutants from the Synthetic
Organic Chemical Manufacturing Industry for
Wastewater
-Monitoring 63.143
- Record keeping 63.147
-Reporting 63.146
40 CFR PART 63 - SUBPART G - WASTEWATER
AFFECTED PROCESSES
All affected facilities
Wastewater tanks (Group 1 waste
stream) (63.133)
Surface impoundments (Group 1 waste
stream) (63.134)
Containers (Group 1 waste stream)
(63.135)
Individual drains (Group 1 waste stream)
(63.136)
Oil-water separators (Group 1 waste
stream) (63.137)
Treatment processes (63.138)
REGULATORY THRESHOLD
Must control organic HAP emissions according to
equations provided in 63.112(a) or comply with the
other requirements set forth in 63.112
A fixed roof required unless the wastewater tank used
for mixing, heating or treating with exothermic reaction
in which case provisions in 63.133(a)(2) through (h)
apply
Must comply with requirements in paragraphs (b), (c),
and (d).
Must comply with requirements in paragraphs (b)
through (f).
Must comply with requirements in paragraphs (b)
through (d) or (e) through (g).
Must comply with requirements in paragraphs (c) and
(d).
New sources must comply with requirements in
paragraph (a)(l) and existing sources must comply with
requirements in paragraph (a)(2)
Date of Applicability:
Dates are specified in Subpart F (63.100(k))
Exemptions:
Overlap with other regulations for process vents must be examined in 63.110(e)
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-77
o
(D
Q_
_Q
CO
Q_
b
O
-------
Monitoring Requirements:
Comply with inspection requirements in Table 11; monitoring appropriate parameters to
demonstrate proper operation of selected treatment
Record keeping Requirements:
Logs containing up-to-date records of monitoring; notification of compliance; design evaluation;
performance tests; periodic reports
Reporting Requirements (as per 63.152):
Initial notification; implementation plan; notification of compliance status; periodic reports
submitted semiannually.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-78
-------
Applicability:
Applies to pumps, compressors,
agitators, pressure relief devices,
sampling connection systems,
open-ended valves or lines,
valves, connectors, surge
control vessels, bottoms
receivers, instrumentation
systems, and control devices or
systems used to operate an
organic HAP for 300 hours or
more during a calendar year
40CFKPart63-SubpartH
National Emissions Standards for Organic
Hazardous Air Pollutants from the Synthetic
Organic Chemical Manufacturing Industry for
Equipment Leaks
-Monitoring 63.180
-Record keeping 63.181
-Reporting 63.182
40 CFR PART 63 - SUBPART H
AFFECTED PROCESSES
Pumps in light liquid service
Compressors
Pressure relief devices in
gas/vapor service
Sampling connection systems
Valves in gas/vapor service and in
light liquid service
Pumps, valves, connectors, and
agitators in heavy liquid service;
instrumentation systems; and
pressure relief devices in liquid
service
Surge control vessels and
bottoms receivers
Closed-vent system and control
devices
Agitators in gas/vapor and light
liquid service
Connectors in gas/vapor and light
liquid service
REGULATORY THRESHOLD
Must determine Phase (I, II, or III) as per provisions in 63.163
and the applicable threshold for leak detection
Must be equipped with a seal system that prevents leakage to
atmosphere and complies with provisions in 63.164
Must have detectable emissions < 500 ppm above background
and must comply with other provisions in 63.165
Must be equipped with a closed-vent system that returns the
purge to the process and complies with provisions in 63.166
Must determine Phase (I, II, or III) as per provisions in 63.168
and the applicable threshold for leak detection
Must report leaks detected by visual, olfactory, audible or any
other method must be repaired by methods specified in
63.180
If not routed back to the process and meets conditions
specified in Table 2 or 3 must be equipped with closed-vent
system
Must comply with requirements as per 63.172
Must be monitored monthly to detect leaks as per 63.173 and
comply with all provisions therein
Must be monitored to detect leaks as per 63.174 and comply
with all provisions therein
X
Q_
_Q
CO
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-79
-------
Date of Applicability:
Dates are specified in Subpart F (63.100(k))
Exemptions:
Lines and equipment not containing process fluids
Monitoring Requirements:
Compliance with Method 21 of 40 CFR 60, App. A, and other provisions in 63.180(b)
Record Keeping Requirements:
Only one record keeping system must be maintained for all process units at one plant.
Information must be maintained as described in 63.181(b)-(k) including: identification numbers
for all affected process units; initial and periodic reports, delay of repair records; design
specifications and performance demonstration activities; documentation for all quality assurance
programs implemented; notifications of compliance status
Reporting Requirements:
1) Initial notification as described in 63.182(b)
2) Notification of compliance status as described in 63.182(c)
3) Semiannual reports as described in 63.182(d)
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-80
-------
Applicability: 40 CFK Part 63 - Subpart I
National Emission Standards for Organic
Major sources (including Hazardous Air Pollutants Certain* Processes
pumps, compressors, Subject to the Negotiated Regulation for
agitators, pressure relief Equipment Leaks
devices, sampling connection |
systems, open-ended valves ^^^^^^^^^^^^~^^^^^^^^^^^^~
or lines, valves, connectors,
surge control vessels, bottoms receivers, and instrumentation systems that are intended to
operate in organic hazardous air pollutant services for 300 hours or more during the calendar
year)
Affected Processes:
Emissions of designated organic HAPs from the following processes: styrene-butadiene rubber
production, polybutadiene rubber production, agricultural chemicals as identified in
§63.190(b)(3), polymers/resins or other chemical products listed in §63.190(b)(4),
pharmaceutical production processes using carbon tetrachloride or methylene chloride, and
processes produdng the polymers/resins or other chemical products listed in §63.190(b)(6).
Date of Application:
Variable dates, but not later than April 22, 1997
Exemptions:
Temporary exemption, provided that notification and certification is provided, for facilities that
emit less than 10 tons per year of any individual HAP, and less than 25 tons per year of any
combination of HAPs.
Requirements:
Owners and operators of subject sources must comply with the requirements of Subpart H for
the processes and designated organic HAPs and certain provisions of Subpart A, as identified in
§63.192(b). Also, all facilities subject to this subpart must receive a permit under 40 CFR Part
70 or 71.
Record Keeping:
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-81
Q_
_Q
CO
Q_
b
O
-------
All records required in Subpart H and in §63.192(0(2) for at least two years, except as
otherwise specified in Subpart H.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-82
-------
Applicability:
40 CFK Part 63 - Subpart Q
All new and existing industrial ^ ,. tr . . c, , , , TT ,
process cooling towers (IPCTs) Natlonal Emission Standards for Hazardous
Air Pollutants for Industrial Process Cooling
Towers
which use chromium-based
water treatment chemicals and
are either a major source or are
integral parts of a facility which is
a major source (defined in 64.401).
Date of Applicability:
Existing IPCTs must comply with subpart Q no later than 18 months from September 8, 1994.
New IPCTs that have initial startup before September 8, 1994, must comply by September 8,
1994. New IPCTs that have initial startup on or after September 8, 1994, must comply upon
initial startup.
Affected Processes:
No owner/operator of an IPCT shall use chromium-based water treatment chemicals in any
affected IPCT (63.402).
Monitoring Requirements:
No monitoring is required unless there is evidence to indicate that the IPCT is not in
compliance with the requirements of 63.402.
Record Keeping:
Copies of initial notification and notification of compliance status are required to be kept onsite
for at least 5 years as specified in 63.405(a). 03
Q_
Reporting Requirements (as per 63.405): -§
CO
Initial notification, notification of compliance status (in accordance with Part 63, subpart A): ,
Table 1 of Subpart Q indicates general provisions applicability.
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-83
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-84
-------
40 CFK Part 63 - Subpart U
National Emission Standards for Hazardous Air
Pollutants Emissions: Group 1 Polymers and
Resins
-Standards: 63.483-500
-Wastewater provisions: 63.501
-Reporting and Recordkeeping: 63.506
Applicability:
• Existing affected sources are
each group of one or more
elastomer product process
units (EPPUs) that is not part
of a new affected source
and that is manufacturing
the same primary product,
as defined at 63.480(1), and
located at a plant site that is a major source.
• New affected sources are defined as sources that are (1) at a plant site previously without
HAP emission points, each group of one or more EPPUs manufacturing the same primary
product, as defined at 63.480(1), that is part of a major source on which construction
commenced after June 12, 1995, (2) an EPPU meeting the criteria in (1), or (3) a
reconstructed affected source meeting the criteria in 63.480(i)(2)(i).
• Certain storage vessels and recovery operation equipment may be subject to other
subparts as detailed in 63.480(g) and (h), respectively.
• This subpart does not apply during periods of startup, shutdown, and malfunction if the
startup, shutdown, or malfunction precludes the ability of a particular emission point at an
affected source to comply with one or more specific provisions to which it is subject
63.480Q).
• The affected source also includes all wastewater streams and wastewater operations
associated with the EPPUs included in the affected source.
Date of Applicability:
• Existing affected sources shall be in compliance (except for 63.502) no later than 3 years
after September 5,1996, unless an extension has been granted.
• Existing affected sources shall be in compliance with 63.502 no later than July 31, 1997.
unless an extension has been granted, or as provided for in 63.481(d)(l)-(6).
• New affected sources that commence construction or reconstruction after June 12, 1995,
shall be in compliance upon initial startup or September 5, 1996, whichever is later.
D
Q_
_0
CO
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-85
-------
Exemptions:
• EPPUs that do not use any organic HAP may be excluded from the affected source,
63.480(b).
• Stormwater from segregated sewers, water from fire-fighting and deluge systems in
segregated sewers, spills, water from safety showers, vessels and equipment storing and/or
handling material that contains no organic HAP or organic HAP as impurities only, and
equipment that is intended to operate in organic HAP service for less than 300 hours
during the calendar year are all excluded from the definition of affected source, 63.480(c).
• Research and development facilities; equipment that is located within an EPPU that is
subject to this subpart but does not contain organic HAP; and solvent reclamation,
recovery, or recyling operations at hazardous waste TSDFs requiring a permit under 40
CFR Part 270 that are separate entities and not part of an EPPU to which this subpart
applies are exempt from the affected source, 63.480(d).
• If an elastomer product is produced within a process unit that is subject to subpart V of Part
63, and at least 50 percent of the elastomer is used in the production of the product made
by the subpart V process unit, the unit operations involved in the production of the
elastomer are subject to subpart V.
Affected Processes and Standards:
Except as noted in 63.483(b)-(c), the owner or operator of an existing or new affected source
shall comply with the following provisions:
Storage vessels (63.484), except as noted in 63.484(b)
Continuous front-end process vents (63.485)
Batch front-end process vents (63.486-63.492), except as noted in 63.486(b)
Back-end processes (63.493-63.500)
Wastewaters (63.501), except as noted in 63.501(c)
Equipment leaks (63.502), except as noted in 63.502(b)-(h)
The regulations allow for emissions averaging (63.503) to comply with 63.483(b) rather
than following specific provisions outlined in 63.484, 63.485, 63.486, 63.494, and 64.488.
Requisite performance testing shall be conducted in accordance with 63.7(a)(3), (d), (e),
(g), and (h) except as specified in 63.504(a)(l)-(4).
Parameter monitoring levels, compliance determinations and demonstrations, and
excursions are described in 63.505.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-86
-------
Recordkeeping and Reporting Requirements:
• All data must be retained for at least five years.
• Data shall be reduced in accordance with EPA approved methods specified in the
applicable subpart, or, if other test methods are used, the data and methods shall be
validated according to the protocol in Method 301 of appendix A of Part 63.
• All affected facilities must comply with the applicable reporting and recordkeeping
requirements specified in 40 CFR Part 63, Subparts A and H, except as specified in
63.502(g) and 63.502(0.
• In addition to the reports required by Subparts A and H of Part 63, additional reports that
are to be submitted include:
- Precompliance Reports, 63.506(e)(3), due no later than 12 months prior to the
compliance date. (For new sources, the report shall be submitted with the application
for approval of construction or reconstruction.)
- Emissions Averaging Plan, 63.506(e)(4), due no later than 18 months prior to the
compliance date and is subject to Administrator approval
- Notification of Compliance Status, 63.506(e)(5), due within 150 operating days after the
compliance dates specified in 63.481.
- Periodic Reports, 63.506(e) (6), must be submitted by existing and new affected sources
semiannually no later than 60 operating days after the end of each 180 day period. The
first report shall be submitted no later than 240 days after the date the Notification of
Compliance Status is due and shall cover the 6-month period beginning on the date the
Notification of Compliance Status is due. Quarterly reports shall be submitted for all
emission points included in an emissions average, 63.506(e)(x), and for particular
emission points and process sections not included in an emissions average,
63.506(e)(xi)(A)-(E).
- Other Reports, 63.506(e)(7), for notifications of inspections of storage vessels and for
affected sources required to request approval for a nominal control efficiency for use in
calculating credits for an emissions average.
- Operating Permit, 63.506(e) (8), specifies information required for affected facilities that
submit an operating permit application instead of an Emissions Averaging Plan or a
Precompliance Report.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-87
-------
Owners and operators of affected source are required to keep continuous records as
specified in 63.506(d)(l)-(8) unless alternative recordkeeping systems, as noted in
63.506(f)-(h), have been requested and approved.
Documentation requirements are specified in 63.506(d)(9)-(10).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-88
-------
Applicability:
Each existing, reconstructed and
new manufacturers of basic
liquid epoxy resins (BLR) and
manufacturers of wet strength
resins (WSR) that are located at
a plant site of a major source as
defined in 112(a) of the Clean
Air Act.
Exceptions:
40 CFK Part 63 - Subpart W
National Emission Standards for Hazardous Air
Pollutants for Epoxy Resins Production and
Non-Nylon Polyamides Production
-Standards for: basic liquid resins manufacturers 60.523, wet
strength resins manufacturers 63.524
-Compliance and Performance Testing 63.525
-Monitoring Requirements 63.526
-Reporting and Record Keeping Requirements 63.527 and
63.528
Research and development facilities as defined in 63.522 are exempt from this Subpart
Date of Applicability:
March 8, 1998, for existing sources. New and reconstructed sources must comply upon
startup.
Affected Processes:
BLR Facilities
• Existing sources: Emissions from existing BLR facilities shall not exceed 130 Ibs per million Ibs of
BLR produced.
• New and reconstructed sources: The sum of uncontrolled emissions from process vents,
storage tanks, and wastewater systems as defined in 63.523(b)(l-3) shall be reduced by 98
percent, or to less than 5,000 Ibs/yr.
• Equipment leaks must be controlled as required in Subpart H.
WSR Sources
• Existing sources: Shall either limit the total emissions of hazardous air pollutants from process
vents, storage tanks and wastewater systems to 10 Ibs per million pounds of WSR produced, or
control emissions from equipment leaks as specified in Subpart H.
• New and reconstructed sources: Shall either limit the total emissions of hazardous air pollutants
from process vents, storage tanks, and wastewater systems to 7 Ibs per million pounds of WSR
produced, or control emissions from equipment leaks as specified in Subpart H.
Q_
_0
CO
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-89
-------
Testing Requirements:
• BLR Facilities: Compliance tests shall be performed under normal operating conditions, and shall
be determined by using the methods specified and outlined in 63.525(a)-(d)
• WSR Facilities: Compliance tests shall be performed under normal operating conditions, and shall
be determined by using the methods specified and outlined in 63.525(e)-(i)
Monitoring Requirements:
BLR Facilities:
• During the initial compliance demonstration, maximum or minimum operating parameters shall
be established to demonstrate compliance. A de minimis level for emission points shall be
determined as specified in 63.526(a)(l).
• Monitoring parameters are specified for process vent control scenarios in 63.526(a)(2-6).
• Uncontrolled emission points emitting less than 1 Ib/year of HAP are not subject to the
monitoring requirements of 63.526(a)(2-6). Rather, de minimus demonstration methods
specified in 63.525(a) or 63.526(a)(l)(i) apply.
WSR Facilities:
• Choosing to comply with the emission limit for process vents, storage tanks and wastewater
systems, a maximum or minimum level of relevant operating parameters shall be established
using test data or compliance calculations. A de minimis level for emission points shall be
determined as specified in 63.526(a)(l).
• The parameter level for each unit operation shall represent the worst case value. Levels shall be
determined as specified in 63.526(b)(l-4).
• Uncontrolled emission points emitting less than 1 Ib/year of HAP are not subject to the
monitoring requirements of 63.526(a)(2-6).
Recordkeeping Requirements:
• BLR Facilities: Records as specified in 63.527(a)(l-3) of daily average values of equipment
operating parameters to be monitored under 63.526(a), or as specified by the Administrator.
Records must be kept in accordance with 63.10 of Subpart A.
• WSR Facilities: Records as specified in 63.527(b) of values of equipment operating parameters to
be monitored under 63.526(b), or as specified by the Administrator. Records must be kept in
accordance with 63.10 of Subpart A.
• Affected BLR Facilities and WSR Facilities choosing to comply with the emission limit for process
vents, storage tanks and wastewater systems must also comply with recordkeeping requirements
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-90
-------
in 63.527(c) to demonstrate that a HAP emission rate of less than one pound per year is
maintained.
• Affected BLR Facilities and WSR Facilities electing to implement the leak detection and repair
program must comply with recordkeeping requirements outlined in Subpart H and must retain
records for 5 years, as specified in 40 CFR 63.10(b)(l).
Reporting Requirements:
• For affected BLR Facilities and WSR Facilities choosing to comply with the emission limit for
process vents, storage tanks and wastewater systems:
1) Reporting requirements in 63.10 of Subpart A.
2) Reports of monitoring data, including 15 minute monitoring values and daily average values
for all operating days or unit operations when average values are out of range
3) Reports of durations of insufficient monitoring data as specified in 63.528(a)(2).
4) Report as specified in 63.528(a)(3) within 180 days after a process change, as defined in
63.115(e) of Subpart G, is made and causes a de minimis emission point to equal or exceed
one Ib/yr.
5) Records of wastewater monitoring parameters shall be included in the Notification of
Compliance Status and summary reports required by Subpart A.
• Affected BLR Facilities and WSR Facilities electing to implement the leak detection and repair
program must comply with reporting requirements outlined in Subpart H and must retain copies
of reports for 5 years, as specified in 40 CFR 63.10(b)(l).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-91
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-92
-------
40 CFK Part 63 - Subpart
National Emission Standards for Hazardous Air
Pollutants Emissions: Group IV Polymers and
Resins
-Standards: 63.1313-1329
-Wastewater provisions: 63.1330
-Reporting and Recordkeeping: 63.1335
Applicability:
• Existing affected sources are
each group of one or more
thermoplastic product
process units (TPPUs) that
is not part of a new affected
source, that is
manufacturing the same
primary product, as defined
at 63.1331(1), where each TPPU uses as a reactant, or uses as a process solvent, or
produces as a by-product or co-product any organic HAP, and located at a plant site that is
a major source.
• New affected sources are defined as sources that are (1) at a plant site previously without
HAP emissions points, each group of one or more TPPUs manufacturing the same
primary product that is part of a major source on which construction commenced after
March 29, 1995, (2) a TPPU meeting the criteria in (1), or (3) a reconstructed affected
source meeting the criteria in 63.1310(i)(2)(i).
• Certain storage vessels and recovery operation equipment may be subject to other
subparts as detailed in 63.1310(g) and (h), respectively.
• This subpart does not apply during periods of startups, shutdown, and malfunction if the
startup, shutdown, or malfunction precludes the ability of a particular emission point at an
affected source to comply with one or more specific provisions to which it is subject,
63.1310(j).
• The affected source also includes all wastewater streams, wastewater operations, heat
exchange systems, process contact cooling towers used in the manufacture of PET that is
associated with a new affected source, and process contact cooling towers used in the
manufacture of PET using a continuous terephthalic acid high viscosity multiple end finisher
process that is assodated with an existing affected source.
Date of Applicability:
• Existing affected sources shall be in compliance (except for 63.1331) no later than 3 years
after September 12, 1996, unless an extension has been granted.
• Existing affected sources shall be in compliance with 63.1331 no later than July 31, 1997.
unless an extension has been granted, or as provided for in 63.1311(d)(l)-(6).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-93
Q_
_0
CO
Q_
b
O
-------
• New affected sources that commence construction or reconstruction after March 29,
1995, shall be in compliance upon initial startup or September 12, 1996, whichever is later.
Exemptions:
• TPPUs that do not use as a reactant or use as a process solvent, or produce as a by-
product or co-product any organic HAP may be excluded from the affected source,
63.1310(b).
• Stormwater from segregated sewers, water from fire-fighting and deluge systems in
segregated sewers, spills, water from safety showers, vessels and equipment storing
and/or handling material that contains no organic HAP or organic HAP as impurities only,
and equipment that is intended to operate in organic HAP service for less than 300 hours
during the calendar year are all excluded from the definition of affected source,
63.1310(c).
• Research and develoment facilities; polymerization processes occurring in a mold;
processes which manufacture binder systems containing a thermoplastic product for paints,
coatings, or adhesives; finishing processes including equipment such as compounding units,
spinning units, drawing units, extruding units, and other finishing steps; and solid state
polymerization processes are exempt from the affected source, 63,1310(d).
• If a polymer that is not subject to this Subpart is produced within the equipment making up
a TPPU and at least 50 percent of said polymer is used in the production of a
thermoplastic product manufactured by said TPPU, the unit operations involved in the
production of said polymer are considered part of the TPPU but are not subject to this
Subpart if said unit operations are subject to another MACT standard regulating the same
emission point, 63.1310(e).
Affected Processes and Standards:
Except as noted in 63.1313(b)-(c), the owner or operator of an existing or new affected source
shall comply with the following provisions:
• Storage vessels (63.1314), except as noted in 63.1314(b)-(d)
• Continuous process vents (63.1315 and 63.1333(b)), except as noted in 1315(b)-(d)
• PET and polystyrene continuous process sources (63.1316-63.1320)
• Batch process vents (63.1321-63.1327 and 63.1333(c)), except as noted in 63.1321(b)-
(c)
• Heat exchange systems (63.1328)
• Process contact cooling towers (63.1329)
• Wastewaters (63.1330)
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-94
-------
• Equipment leaks (63.1331), except as noted in 63.1331(b)-(c)
• The regulations allow for emissions averaging, 63.1332, to comply with 63.1313(b) rather
than following specific provisions outlined in 63.1314, 63.1315, 63.1316-63.1320,
63.1321, and 64.1330.
• Requisite performance testing shall be conducted in accordance with 63.7(a)(3), (d), (e),
(g), and (h) except as specified in 63.1333(a)(l)-(4).
• Parameter monitoring levels, compliance determinations and demonstrations, and
excursions are described in 63.1334.
Recordkeeping and Reporting Requirements:
• All data must be retained for at least five years.
• Data shall be reduced in accordance with EPA approved methods specified in the
applicable subpart, or, if other test methods are used, the data and methods shall be
validated according to the protocol in Method 301 of appendix A of Part 63.
• All affected facilities must comply with the applicable reporting and recordkeeping
requirements specified in 40 CFR Part 63, Subparts A and H, except as specified in
63.1331.
• In addition to the reports required by Subparts A and H of Part 63, additional reports that
are to be submitted include:
Precompliance Reports, 63.1335 (e) (3), due no later than 12 months prior to
the compliance date. (For new sources, the report shall be submitted with the
application for approval of construction or reconstruction.)
Emissions Averaging Plan, 63.1335(e) (4), due no later than 18 months prior to
the compliance date and is subject to Administrator approval
Notification of Compliance Status, 63.1335 (e) (5), due within 150 operating days
after the compliance dates specified in 63.1311.
Periodic Reports, 63.1335(e)(6), must be submitted by existing and new affected
sources semiannually no later than 60 operating days after the end of each 180
day period. The first report shall be submitted no later than 240 days after the
date the Notification of Compliance Status is due and shall cover the 6 month
period beginning on the date the Notification of Compliance Status is due.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-95
-------
Quarterly reports shall be submitted for all emission points included in an
emissions average, 63.1335(e)(x), and for particular emission points and process
sections not included in an emissions average, 63.1335(e)(xi)(A)-(E).
Other Reports, 63.1335(e) (7), for notifications of inspections of storage vessels
and for affected sources required to request approval for a nominal control
efficiency for use in calculating credits for an emissions average.
Operating Permit, 63.1335(e)(8), specifies information required for affected
facilities that submit an operating permit application instead of an Emissions
Averaging Plan or a Precompliance Report.
Owners and operators of affected source are required to keep continuous records as
specified in 63.1335(d)(l)-(8) unless alternative recordkeeping systems, as noted in
63.1335(f)-(h), have been requested and approved.
Documentation requirement are specified in 63.1335(d)(9)-(10).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-96
-------
40 CFR Part 68
Chemical Accident Prevention Provision
Owners or operators of
stationary sources that have
more than a threshold quantity
of a regulated substance in a process, as determined under §68.1 15.
Date of Applicability:
The latest of the following dates:
- June 21, 1999
Three years after the date on which a regulated substance is first listed
The date on which a regulated substance is first present above a threshold quantity
Applicable Program:
Program 1 - For five years prior to submission of the RMP, the process has not had an
accidental release of a regulated substance that led to death, injury, or response or restoration
activities for exposure to an environmental receptor, and the distance to a toxic or flammable
endpoint for a worst-case release assessment is less than the distance to any public receptor,
and emergency response procedures have been coordinated between the stationary source
and local emergency planning and response organizations.
Program 2 - A covered process not subject to Program 1 or Program 3
Program 3 - A covered process, not subject to Program 1 and either; the process is in SIC
code 2611, 2812, 1821, 2865, 2869, 2873, 2879, or 2911, or, the process is subject to the
OSHA process safety management standard 29 CFR §1910.119.
General Requirements:
Submit a Risk Management Plan (RMP) with a registration that includes all covered processes.
OO
Risk Management Plan Requirements: RMPS shall include:
- an executive summary describing elements of the RMP
- a single registration form covering all regulated substances
- worst-case release scenario information
- five-year acddent history information
- emergency response program information
_ O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-97
-------
- certification statement
- regular review and updates to the RMP
- additional Programs 2 and 3 information.
Other Requirements:
- Maintain records for five years
- Information available to the public
- Additional permit requirements for facilities permitted pursuant to Parts 70 or 71.
- Provide access to implementing agency for RMP audits.
Additional Program 1 Requirements:
- Analyze worst-case release scenarios, document public receptor is beyond endpoint, and
submit
- Complete five year acddent history for the process and submit
- Ensure that response actions coordinated with local agencies
- Certify as specified in §68.12(b)(4).
Additional Program 2 Requirements:
- Develop and implement a management system, assigning a qualified person with the overall
responsibility for the program
- Conduct a hazard assessment
- Implement a Program 2 or Program 3 Prevention Program
- Develop and implement an emergency response program
- Submit the data on prevention program elements for Program 2 processes.
Additional Program 3 Requirements:
- Develop and implement a management system, assigning a qualified person with the overall
responsibility for the program
- Conduct a hazard assessment
- Implement a Program 3 Prevention Program
- Develop and implement an emergency response program
- Submit the data on prevention program elements for Program 3 processes.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-98
-------
Applicability:
Any individual, corporate or
government entity that
produces, transforms, imports,
or exports these controlled
substances.
40 CFK Part 82
Protection of Stratospheric Ozone
Subpart A: Production and Consumption Controls
Subpart E: The Labeling of Products Using Ozone-Depleting
Substances
Subpart F: Recycling and Emissions Reduction
40 CFR PART 82
REQUIREMENTS
EFFECTIVE DATE
Subpart A: Production and Consumption Controls
Prohibition on the production and consumption of any
Class I substance in annual quantities greater than the
relevant percentage specified in the regulations (based on
quantity of substance produced in the baseline year).
Prohibition on the production of all Class I substances.
Prohibition on the production of all Class II substances.
Reporting Requirements:
Reports on production, imports, and exports of Class I and
II substances.
Subpart E: The Labeling of Products Using Ozone-
Depleting Substances
Containers in which Class I and II refrigerants are stored or
transported are required to be labeled with a warning
stating that it contains a substance which harms public
health and environment by destroying ozone in the upper
atmosphere.
Subpart F: Recycling and Emissions Reduction
Prohibition on knowingly venting ozone-depleting
compounds used as refrigerants into the atmosphere during
maintenance, service, repair, or disposal or air-conditioning
or refrigeration equipment.
Technicians servicing air-conditioning and refrigeration
equipment are required to evacuate refrigerant in the line
according to prescribed guidelines.
January 1 of each year specified in
the regulations.
January 1, 2000 Qanuary l, 2002 for
methyl chloroform)
January 1, 2030
Quarterly
July 1,1992
July 13,1993
fN
00
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-99
-------
40 CFR PART 82
REQUIREMENTS
EFFECTIVE DATE
Recovery and/or recycling equipment must be tested by an
EPA-approved third-party testing organization.
Require repair of substantial leaks in industrial process
refrigeration equipment (charge greater than 50 pounds).
All persons who maintain, service, repair, or dispose of
appliances are required to be certified.
Persons servicing or disposing of air-conditioning and
refrigeration equipment are required to certify that certified
recovery and recycling equipment has been acquired and
they are complying with the applicable requirements of 40
CFR Part 82, Subpart F.
All equipment sold after November
15,1993. Equipment manufactured
prior to this date is grandfathered.
Within 30 days of recovery
November 14,1994
August 12,1993
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CAA-100
-------
Safe Drinking Water Act (SDWA)
The Safe Drinking Water Act (SDWA) mandates that EPA establish regulations to protect
human health from contaminants in drinking water. The law authorizes EPA to develop
national drinking water standards and to create a joint Federal/State system to ensure
compliance with these standards. The SDWA also directs EPA to protect underground sources
of drinking water through the control of underground injection of liquid wastes. The Public
Water System Program (i.e., the National Primary and Secondary Drinking Water Regulations)
and the Underground Injection Control (UIC) Program are two components of the SDWA
that may be applicable to plastics materials, synthetic resins, and nonvulcanizable elastomers
facilities. The requirements of the programs are summarized below.
Public Water System Program
Under the SDWA, EPA has established primary and secondary drinking water regulations
designed to protect the public health. The primary drinking water regulations cover
contaminants that have been determined to have adverse effects on human health or are
enforceable by EPA or a State. The secondary drinking water regulations cover contaminants
that affect the aesthetic quality of drinking water and are intended as guidelines that are not
enforceable by EPA but a State can choose to enforce some or all of the secondary drinking
water regulations. Most of the States have "primacy" for the program; that is, they have
adopted the primary drinking water regulations and are responsible for implementing and
enforcing the regulations. The States can develop regulations more stringent than the national
drinking water regulations. The national drinking water regulations apply to public water
systems. A public water system is defined as a system that either (1) has at least 15 service
connections or (2) regularly serves an average of at least 25 individuals daily at least 60 days out
of the year. There are three types of public water systems: community water systems, non-
transient non-community water systems and transient non-community water systems. Facilities
employing at least 25 people and regularly providing potable water from its private well, lake,
river or reservoir to these same employees for over 6 months of the year would be classified
as a non-transient non-community public water system.
National Primary Drinking Water Regulations have been established for 78 contaminants: 50
organics, 18 inorganics, 2 radionuclides, and
8 microbiological. For each contaminant,
it , . 1.1. , Safe Dnnking Water Act
the national primary drinking water
regulations establish Maximum Contaminant
Level Goals (MCLGs) and Maximum
Public Water Supply Program SDWA-1
Underground Injection Control Program SDWA-2
SDWA Assessment Considerations .... SDWA-3
SDWA Regulatory Requirements SDWA-4
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-1
-------
Contaminant Levels (MCLs) or treatment techniques.
The National Primary Drinking Water Regulations also establish testing procedures, monitoring
requirements such as minimum monitoring frequencies, record-keeping requirements, public
notification requirements and requirements for routine reporting to the State or EPA. Specific
analytical methods must be used and the analyses must be conducted by laboratories certified
by EPA or the State. Some state programs require that the analyses be conducted by the State
laboratory.
Monitoring requirements vary by contaminant, by source of supply, and by system size. The
State customizes the sampling frequency to the local circumstances and may even waive
sampling requirements for specific contaminants.
Underground Injection Control Program
The SDWA UIC program (40 CFR Parts 144-148) is a permit program that protects
underground sources of drinking water through regulation of five different classes of injection
wells. A "well" is defined at 40 CFR §144.3 as a bored, drilled, or driven shaft, or a dug hole,
whose depth is greater than the largest surface dimension. The five well classes are as follows:
Class I: Technologically sophisticated wells that inject large volumes of hazardous
and non-hazardous wastes into deep isolated rock formations that are
separated from the lowermost underground source of drinking water
(USDW) by many layers of impermeable clay and rock.
Class II: Wells that inject fluids associated with oil and natural gas production.
Most of the injected fluid is brine that is produced when oil and gas are
extracted from the earth (about 10 barrels for every barrel of oil).
Class III: Wells that inject super-hot steam or water into mineral formations, which
are then pumped to the surface and extracted. Generally, the fluid is
treated and reinjected into the same formation. More than 50 percent of
the salt and 80 percent of the uranium extraction in the United States is
produced this way.
Class IV: Wells that inject hazardous or radioactive wastes into or above
underground sources of drinking water. These wells are banned under
the UIC program because they directly threaten the quality of
underground sources of drinking water.
Class V: Wells that use injection practices not included in the other classes. Some
Class V wells are technologically advanced wastewater disposal systems
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-2
-------
used by chemical facilities, but most are "low-tech" holes in the ground.
Generally, these wells are shallow and depend upon gravity to drain or
"inject" liquid waste into the ground. Their simple construction provides
little or no protection against possible ground water contamination, so it
is important to control what goes into them.
Class I and V UIC permitting programs are of significance to plastics materials, synthetic resins,
and nonvulcanizable elastomers facilities. The UIC permit program is primarily state-run, since
EPA has authorized all but a few states. UIC permits include design, operating, inspection, and
monitoring requirements. Operation of injection wells may also be authorized by rule (i.e.,
permit by rule). Wells used to inject hazardous waste must also comply with RCRA corrective
action standards and must meet applicable RCRA LDR standards.
Any underground injection is unlawful unless authorized by a permit or a rule. Additionally, the
construction of any well required to have a permit is also prohibited until issuance of that
permit. All owners or operators are required to apply for a permit, even if authorized by rule,
unless the authorization was for the life of the well.
Currently, there are limited Federal requirements for the injection into Class V wells.
However, if injection into these wells could cause the water in the receiving USDW to violate
primary drinking water regulations, then EPA or an authorized state could require the issuance
of a permit that could include the substantive requirements of the UIC program (40 CFR
§144.12(c)).
SDWA Assessment Considerations
Compliance evaluations should determine whether the facility has its own potable water supply
and if so, whether the facility regularly provides this potable water to at least 25 of the same
people at least six months of the year. If it is determined that the facility is subject to the
national drinking water regulations, then the inspection team should evaluate whether the
facility has conducted monitoring of required contaminants at required frequency. The
inspector should verify that the fadlity is using an approved laboratory and approved tests and is
maintaining the required records. The inspectors should confirm that the facility has notified
employees of violations through continuous posting in conspicuous places in the workplace or
through hand delivered or mailed written notices.
Compliance evaluations should determine if wastes are being injected at the site, and if so, if the
facility is operating under a permit or by rule. If permitted, the inspection team should verify
that all terms of the permit are being met. The inspection team should confirm that wastes
being injected are identified in the permit and no unpermitted wastes are injected. Also, the
inspectors should evaluate well records and verify that the volume of waste being injected is
within the limitations of the permit. If operating under rule, inspectors should verify that a
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-3
-------
permit application has been submitted in accordance with the Federal or State requirements
unless the facility is authorized by rule to inject during the life of the well. If operating under
permit by rule conditions, the inspectors should verify that the facility is complying with
applicable regulations identified in 40 CFR Part 144, Subpart C.
SDWA Regulatory Requirements
The following section provides a summary of the prindpal regulations developed pursuant to
the SDWA that may apply to the plastics materials, synthetic resins, and nonvulcanizable
elastomers manufacturing industry: 40 CFR Part 141 - National Primary Drinking Water
Regulations; 40 CFR Part 143 - National Secondary Drinking Water Regulations; and 40 CFR
Part 144 - Underground Injection Control Program.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-4
-------
40CFKPart 141
National Primary Drinking Water Regulations
Applicable Subparts:
Public water systems
classifications applicable to
plastics materials, synthetic
resins, and nonvulcanizable
elastomers manufacturers:
• Community water system - A public water system which serves at least 15 service
connections used by year round residents or regularly serves at least 25 year-round
residents.
• Non-transient non-community water system - A public water system that is not a
community water system and that regularly serves at least 25 of the same persons over 6
months per year.
40 CFR PART 141
REQUIREMENTS
EFFECTIVE DATE
Maximum Containment Levels Subpart B, G
Maximum Containment Level Goals Subpart F
Monitoring and Analytical Requirements Subpart C
Treatment Techniques Subparts H, I
Reporting, Public Notification and Record Keeping
Subpart D, H, I
All regulations in effect
Required Sampling and Testing Frequencies, §§141.21-141.30
TESTS
Inorganics
Organics: except THMs
FREQUENCY
(COMMUNITY SYSTEM)
• Systems using surface water:
every year
• Systems using groundwater only:
every 3 years
• Systems using surface water:
every 3 years
• Systems using groundwater only:
state option
FREQUENCY
(NON-COMMUNITY)
State option except for nitrate*
State option
-
Q_
b
o
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-5
-------
TESTS
Organics: THMs
FREQUENCY
(COMMUNITY SYSTEM)
Systems serving populations of
10,000 or more: 4 samples per
quarter per plant
FREQUENCY
(NON-COMMUNITY)
State option
Coliform bacteria*
Radiochemicals: natural
Radiochemicals:
man-made
Dependent on number of
people served by the water
system
Systems using surface water:
every 4 years (exceptions
included in §141.26(a)(3))
Systems using groundwater only:
every 4 years (exceptions
included in §141.26(a)(3))
System using surface water
serving population greater than
100 000: every 4 years. All other
systems: state option
Same as community system unless only
groundwater not under the influence is
used and serves less than 1,000 people
then 1 per quarter (for each quarter
water is served to public)
State option
System using surface and/or
groundwater: state option
Although routine nitrate monitoring is established at state option, the initial monitoring is required and
should nave been completed by June 1979.
Repeat sampling required if routine sampling is total coliform-positive.
Special Monitoring Requirements for Sodium and Corrosion
(Community systems only)
TEST
FREQUENCY
Sodium
Corrosivity includes those characteristics known to
indicate corrosivity:
• pH
• Calcium hardness
• Total dissolved solids (TDS)
• Temperature
• Langelier Index
Systems using surface water: annually
Systems using groundwater only: every 3 years
Once unless additional monitoring required by state
or EPA
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-6
-------
Record-Keeping Requirements [§§141.33 and 141.91]
RECORDS PERTAINING TO
TIME PERIOD
Bacteriological analyses
Chemical analyses
Actions taken to correct violations
Sanitary survey reports
Variances or exemptions
Lead and copper control
At least 5 years
At least 10 years
At least 3 years after last action taken
At least 10 years
At least 5 years following expiration
At least 12 years
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-7
-------
Lab Reports Summary Requirements^ 141.33]
SAMPLING INFORMATION
ANALYSIS INFORMATION
Date, place, and time of sampling
Name of sample collector
Identification of sample:
• Routine or check sample
• Raw or treated water
Date of analysis
Laboratory conducting analysis
Name of person responsible for analysis
Analytical method used
Analysis results
Reporting Requirements for Check Sampling
CONTAMINANT
CHECK-SAMPLE REPORTING
Microbiological
Nitrate
All others
Must report to state within 48 hours when any check sample confirms the
presence of coliform bacteria.
Must report to state within 24 hours if check sampling confirms MCL has
been exceeded
Must be reported to the state within 10 days after the end of the month in
which the sample was received.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-8
-------
MCL Violations
CONTAMINANT
VIOLATION
Inorganic chemicals (expect nitrate) and organic
chemicals (except THMs)
Nitrate
THMs
Radionuclides (natural and man-made)
Microbiological (coliform testing): membrane filter and
multiple-tube fermentation
If average of results from all samples taken in year
(if more than one sample) or average of initial
sample and check sample exceeds MCL
If average of results from initial sample plus the
check sample exceeds MCL
If average of results from present quarter plus
those of 3 preceding quarters exceeds MCL*
If average annual concentration exceeds MCL**
If any of the MCLs are exceeded
* Quarter means a 3-month period. For convenience, calendar quarters are used.
** Based on individual analyses of 4 consecutive quarterly samples or a single analysis of an annual composite
of 4 quarterly samples.
Public Notification Requirements, §141.32
VIOLATION OR CONDITION
Violation of an MCL, acute
Violation of an MCL, non-acute
Failure to monitor
Failure to follow compliance schedule
Failure to use approved testing procedure
System granted a variance or exemption
REQUIRED TIMING
72 HOURS
3,4,5
14 DAYS
2,4,5
2,4,5
45 DAYS
1,4,5
1,4,5
3 MONTHS
1,4,5
1,4,5
2,4,5
2,4,5
2,4,5
1,4,5
1 - Direct mail
4 - Hand delivery
2 - Local newspaper
5 - Continuous posting in conspicuous places
3 - By local radio and/or TV
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-9
-------
Applicable Subparts:
These regulations are not
Federally enforceable but are
intended as guidelines for
States.
40 CFR Part 143
National Secondary Drinking Water
Regulations
40 CFR Part 143
Component
Regulatory Recommendation
Standards
Monitoring
Analytical Methods
Notification
Secondary MCLs exist for 15 contaminants
Conducted at least as frequently as the monitoring performed for
inorganic chemicals in the National Interim Primary Drinking Water
Regulations and more frequently for parameters such as pH, color,
and odor
pH, copper, and fluoride should be analyzed consistent with
methods described in 40 CFR Part 141. Other contaminants
should be analyzed using the procedures specified in 143.4(b).
Community water systems that exceed the secondary MCL for
fluoride, but do not exceed the primary MCL, should notify (using
the public notice provided in 143.5(b)) all billing units annually, all
new billing units at the time service begins, and the state public
health officer.
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-10
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-11
-------
Applicable Subparts:
Well classifications applicable
to plastics materials, synthetic
resins, and nonvulcanizable
elastomers manufacturers:
40 CFR Part 144
Underground Injection Control Program
Class I - Wells used to inject hazardous or nonhazardous wastes beneath the lower most
formation containing within one-quarter mile of the well-bore, an underground source of
drinking water.
Class V - Injection wells not included in other classes.
40 CFR PART 144
REQUIREMENTS
EFFECTIVE DATE
Any underground injection is prohibited unless authorized
by permit or rule. Construction of any well required to
have a permit is prohibited until the permit has been
issued.
Injection activity may not allow movement of fluid
containing any contaminants into underground sources of
drinking water if the presence of that contaminant may
cause a violation of any primary drinking water regulation
or adversely affect human health 40 CFR 144.12.
Authorization by Rule Requirements:
• Inventory information as specified in 40 CFR 144.26
24-hour notification of noncompliance that may
endanger health or the environment (Class I wells)
as required in 40 CFR 144.28(b)
Plugging and abandonment plan (Class I wells) as
required in .40 CFR 144.28(c).
Reports containing the information required in 40
CFR 144.28(h)(l) (Class I wells)
Notice of abandonment as required in 40 CFR
144.28(j)
One year after the date of approval or effective
date of the UIC program for the State.
Orally within 24 hours and written five days
One year after the effective date of the UIC
program in the State (EPA administered
programs).
Quarterly
As specified by the Director
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-12
-------
40 CFR PART 144
REQUIREMENTS
EFFECTIVE DATE
Plugging and abandonment report as required in 40
CFR 144.28(k)
Existing wells: No later than 4 years from
approval or promulgation of UIC program.
New wells: Reasonable time before construction
is expected to begin
Authorization by Permit
• All owners and operators (even those authorized by
rule, unless authorized for life of the well) are
required to submit a permit application containing
the information in 40 CFR 144.31.
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing SDWA-13
-------
Resource Conservation
and Recovery Act (RCRA)
The Resource Conservation and Recovery Act (RCRA) of 1976, which amended the Solid
Waste Disposal Act of 1965, addresses hazardous (Subtitle C) and solid (Subtitle D) waste
management activities. The Hazardous and Solid Waste Amendments (HSWA) of 1984
strengthened RCRA's waste management provisions, including adding a Subtitle I which
governs Underground Storage Tanks (USTs). The goals and objectives of RCRA are to protect
human health and the environment and to conserve valuable materials and energy resources.
The applicable RCRA titles and the regulations and guidelines developed pursuant to RCRA are
illustrated in Exhibit RCRA-1 and are discussed below.
Regulations promulgated pursuant to Subtitle C of RCRA, at 40 CFR Parts 260-272, establish a
"cradle-to-grave" system that governs hazardous wastes from the point of generation to
treatment or disposal. As of 1996, 46 States are authorized to implement aspects of the RCRA
program and may include requirements more stringent than Federal regulations in their
authorized program. There are different levels of State authorization. States can be authorized
(i.e., approval to implement a State-administered program) for the base RCRA program, or
pre-HSWA RCRA requirements, for administering land disposal requirements, and for
administering the RCRA corrective action program. Non-RCRA authorized states or territories
(Alaska, Hawaii, Iowa, Puerto Rico and Wyoming) may also have state laws that address
hazardous waste management requirements.
Subtitle D of RCRA sets up a framework for regulating non-hazardous solid wastes. Impacts
from Subtitle D on a plastics, synthetic resins, and nonvulcanizable elastomers manufacturing facility
may be direct, where the facility operates a solid waste indnerator or manages an on-site solid
waste landfill, or indirect, coming into play as a result of a facility's use of an off-site solid waste
disposal facility. Non-hazardous solid wastes are regulated through state solid waste
management programs and are specific to each state. Typically, units such as solid waste
landfills and non-hazardous waste indnerators are regulated through state-issued permits.
Subtitle I regulates USTs that contain
petroleum and hazardous substances.
Regulations for USTs are
promulgated at 40 CFR Part 280.
Following is a summary of RCRA
regulations potentially applicable to
the plastics materials, synthetic resins,
and non-vulcanized elastomers
manufacturing industry.
Resource Conservation and Recovery Act Requirements
Hazardous Waste Generation RCRA-2
Hazardous Waste Transportation Regulations .... RCRA-7
Hazardous Waste Treatment, Storage, and
Disposal Regulations RCRA-7
Land Disposal Restrictions RCRA-8
Underground Storage Tank Regulations RCRA-9
RCRA Assessment Considerations RCRA-11
RCRA Regulatory Requirements RCRA-12
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-1
-------
Exhibit RCRA-1. RCRA Statutes and Regulatory Requirements for Paints,
Varnishes, Lacquers, Enamels, and Allied Products Mfg Facilities
Resource Conservation and Recovery Act
Subtitle C Hazardous Waste Management
Subtitle D State or Regional Solid Waste Plans
Subtitle I Regulation of Underground Storage Tanks
Subtitle C
40 CFR Part 261 Hazardous Waste
Identification
40 CFR Part 262 Hazardous Waste
Generators
40 CFR Part 263 Hazardous Waste
Transportation
40 CFR Part 264-265 Treatment,
Storage, Disposal
40 CFR Part 266 Specific Hazardous
Wastes/Specific Hazardous Waste
Management Facilities (Subpart H-
Boilers/Industrial Furnaces)
40 CFR Part 268 Land Disposal
Restrictions
40 CFR Part 270 RCRA Permit
Program
40 CFR Part 279 Used Oil
Management
Subtitle D
40 CFR Part 257 Solid
Waste Disposal Criteria
40 CFR Part 258
Municipal Waste Landfills
Subtitle I
40 CFR Part 280
Underground Storage
Tanks
Hazardous Waste Generation
Generators of hazardous waste are subject to requirements under 40 CFR Part 262. The
determination of what material is a hazardous waste is the starting point of any RCRA
compliance evaluation. Regulations for identification of hazardous wastes are detailed in 40
CFR Part 261. Under the Federal rules, to be a hazardous waste, a waste must: be a solid
waste (as defined in 40 CFR §261.2); not be excluded from regulation as a hazardous waste
under 40 CFR §261.4; and be a characteristic waste, a listed waste, a mixture of a solid waste
and a listed waste, or a mixture of a solid waste and a characteristic waste that still exhibits that
characteristic. Also, a waste is hazardous if it is a mixture of soil or water and a listed waste, or
a mixture of soil or water and a characteristic waste that still exhibits that characteristic.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-2
-------
A solid waste, by definition, is any discarded material—solid, liquid, or containerized gas—that
is not excluded under the statute or regulations. Exclusions include hazardous waste mixed
with domestic sewage, discharged as point source discharges regulated under the CWA and
certain secondary materials that are reclaimed and reused in the original process or processes
in which they were generated.
If a waste meets the definition of solid waste, it is considered hazardous if it exhibits one or
more of four defined hazardous waste charactieristics (see Exhibit RCRA-2), or is listed as a
hazardous waste in 40 CFR Part 261 (see Exhibit RCRA-3). It is the generator's responsibility to
determine whether a waste is hazardous. This determination must be based on test results or
the generator's knowledge and familiarity with the waste. Generators may be subject to
enforcement penalties for improperly determining that a waste is not hazardous.
Exhibit RCRA-2. Characteristic Hazardous Wastes
Ignitability
Corrosivity
Reactivity
Toxicity
Flashpoint below 140°F §261.21
Liquids with a pH equal to or below 2 or equal to or above 12.5 or which corrode steel at a
specified rate §261.22
Reacts violently with water or other substances to create toxic gases §261.23
A waste that leaches specified amounts of metals, pesticides, or organic chemicals using the Toxicity
Characteristic Leaching Procedure (TCLP) §261.24
Exhibit RCRA-3. Listed Hazardous Wastes
"F" Wastes
"K" Wastes
"U" Wastes
"P" Wastes
Hazardous wastes from nonspecific sources §261.31
Hazardous wastes from specific sources §261.32
Hazardous wastes from discarded commercial chemical products, off-specification species, container
residues, and spill residues §261.34
Acutely hazardous wastes from discarded commercial chemical products, off-specification species,
container residues, and spill residues §261.33
If the waste is not found on any of these lists, it is not hazardous, although it may be listed on a
State hazardous waste list.
Secondary materials generated by the plastics materials, synthetic resins, and nonvulcanizable
elastomers manufacturing industry may be classified as solid wastes and potentially hazardous
wastes where they are recycled in certain ways (e.g., used in a manner constituting disposal,
burned for energy recovery, reclaimed, or accumulated speculatively). Such materials are
considered accumulated speculatively where the material is stored with less than 75 percent
recycled within one calender year. Under 40 CFR 261(c)(8), persons accumulating secondary
materials prior to recycling must be able to show 1) the material is potentially recyclable; 2)
they have a feasible means of recycling such material; and 3) during the calendar year the
amount of material recycled or transferred to a different site for recycling equals at least 75
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-3
-------
percent by weight or volume of the amount of material accumulated at the beginning of the
period. The 75 percent requirement is to be applied to each material of the same type that is
recycled in the same way. Materials accumulating in units exempt from regulation under
§261.4 (c) are not included in making the calculation. And commercial chemical products being
speculatively accumulated are not regulated as solid wastes.
Hazardous wastes that are recycled are subject to the requirements for generators,
transporters, and storage facilities as identified in 40 CFR §261.6(b) and (c), except as excluded
in 40 CFR §261.6(a)(3). In addition, §261.6(a)(2) identifies recycled materials that are only
subject to Parts 266 (recycling regulations), 270 (permits), and 124 (NPDES permits). This
includes recyclable materials such as those that are used in a manner constituting disposal,
hazardous wastes burned for energy recovery in boilers and industrial furnaces, and used oil
burned for energy recovery. Any facility that stores recyclable materials before they are
recycled, except those materials excluded in 40 CFR §261.6(a), must comply with applicable
storage requirements of 40 CFR Parts 264 and 265.
The regulations also establish requirements for residues of hazardous waste in empty
containers. Specifically, 40 CFR §261.7 establishes that empty containers and inner liners from
an empty container are not subject to the hazardous waste regulations, provided that all wastes
have been removed using the practices commonly employed to remove materials from that
type of container, no more than one inch of residue remains in the container or inner liner, or
no more than 3 percent by weight of the total capacity (or 0.3 percent for larger containers)
remains in the container or inner liner. Containers that have held compressed gas are
considered empty when the pressure approaches atmospheric. For acute hazardous wastes,
additional measures are required.
Generators of hazardous wastes are the first link in the cradle-to-grave chain of hazardous
waste management. Under RCRA, there are three categories of hazardous waste generators:
large quantity generators (LQGs), small quantity generators (SQGs), and conditionally exempt
small quantity generators (CESQGs). The determination of a generator's applicable category is
summarized in Exhibit RCRA-4.
CESQGs must only comply with the Part 262 generator regulations as established at 40 CFR
§261.5. Specifically, CESQGs must identify the waste to determine if it is a hazardous waste,
accumulate less than 1,000 kilograms of hazardous waste at any time, treat or dispose of the
waste on-site, or ensure that the waste is sent to a permitted facility or a recycling facility. The
requirements CESQG are exempt from include, but are not limited to, the following:
* Manifest requirement
* Exception report—when generator does not receive a copy of the signed
manifest from the TSD facility
* Biennial/annual report
* Personnel training
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-4
-------
> Contingency plan
> EPA ID number
> Storage requirements—no need to meet technical requirements under part 264
or 265 for containers or tanks.
However, many transporters will not accept wastes from a generator without an EPA ID
number or manifest.
CESQGs that exceed the 100 kilograms per month hazardous waste generation cutoff are
subject to SQG provisions. CESQGs that exceed the 1 kilogram per month of acutely
hazardous waste generation cutoff are subject to the LQG provisions. Note that some States
do not have CESQG exemptions (i.e., all generators must meet the same requirements).
All SQGs and LQGs must comply with requirements as described in 40 CFR Part 262.
Standards for generators establish responsibilities including obtaining an EPA identification
number, preparing hazardous waste manifests, ensuring proper packaging and labeling, meeting
standards for waste accumulation units, and recordkeeping and reporting requirements. This
Part also identifies requirements for generators that are importing or exporting hazardous
wastes into or out of the country.
Generators can accumulate hazardous waste for up to 90 days (180 days for SQGs) without
obtaining a storage permit provided that the fadlity complies with specific conditions in 40 CFR
§262.34, including applicable management standards for containers, tanks, and drip pads. Each
accumulation container must include a "Hazardous Waste" label, identify the date upon which
accumulation began, and the facility must comply with 40 CFR Part 265, Subpart C
(Preparedness and Prevention). Additionally for LQGs, Subpart D (Contingency Plan and
Emergency Procedures), and with 40 CFR §265.16 (Personnel Training). SQGs have less
stringent requirements for accumulation than LQGs as identified in 40 CFR §262.34(d) and (e).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-5
-------
Exhibit RCRA-4. Categories of Hazardous Waste Generators
KEY: ' = 1 barrel = about 200 kilograms of hazardous
waste which is about 55 gallons
You ARE A LARGE QUANTITY GENERATOR IF ...
In one calendar month you ...
• generate 2,200 pounds or more of hazardous waste or
• generate 2,200 pounds or more of spill cleanup debris containing
hazardous waste or
• generate more than 2.2 pounds of acutely hazardous waste or
• generate more than 220 pounds of spill cleanup debris containing an
acutely hazardous waste or
At any time you ...
• accumulate more than 2.2 pounds of acutely hazardous waste on-site
You ARE A SMALL QUANTITY GENERATOR IF ...
In one calendar month you ...
• generate more than 220 pounds and less than 2,200 pounds of hazardous
waste or
, , • generate more than 220 pounds and less than 2,200 pounds of spill
2199 lbs ( r J
221 lbs cleanup debris containing hazardous waste or
At any time you...
• accumulate more than 2,200 pounds of acutely hazardous waste on-site
You ARE A CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR IF ...
In one calendar month you ...
• generate 2.2 pounds or less of acutely hazardous waste or
• generate 220 pounds or less of hazardous waste or
• generate 220 pounds or less of spill cleanup debris containing hazardous
waste or
At any time you...
• accumulate up to 2.2 pounds of hazardous waste on-site
0 lbs. - j
220lbs |
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-6
-------
Hazardous Waste Transportation Regulations
Facilities that transport hazardous wastes off-site, where these wastes are required to be
manifested pursuant to 40 CFR Part 262, must comply with transporter requirements
established in 40 CFR Part 263. Hazardous waste transportation requirements, the middle link
in the "cradle-to-grave requirements of RCRA, require that the transporter obtain an EPA
identification number, and specify manifesting and recordkeeping requirements, including
specific conditions for shipment by rail or water. It is important to note that a transporter that
stores wastes at an off-site location for more than 10 days must comply with Parts 264, 265,
268, and 270 for storage of those wastes. Subpart C of Part 263 establishes response
requirements for discharges of hazardous wastes during transport.
Hazardous Waste Treatment, Storage, and Disposal Regulations
Any person owning or operating a facility that treats, stores, or disposes of hazardous waste is
considered to be an owner/operator of a treatment, storage, or disposal (TSD) facility and is
subject to requirements identified in 40 CFR Parts 264 and 265. Treatment, storage, and
disposal facilities (TSDFs) are the last link in the cradle-to-grave regulation of RCRA. All TSDFs
are required to obtain an operating permit and abide by TSD regulations. The TSD regulations
establish design and operating criteria as well as performance standards that owners and
operators must meet to protect human health and the environment. Because TSDs involve
many different types of units, these regulations are far more extensive than those just described
for generators and transporters.
The RCRA TSD regulations include both administrative and technical requirements. The
regulations identify administrative requirements such as the applicability of the requirements,
general facility standards, preparedness and prevention, contingency plans and emergency
procedures, and manifesting, reporting, and recordkeeping. Technical requirements may
address ground water monitoring, closure/post-closure, financial requirements, and standards
related to the different types of waste management units. Specifically, the regulations identify
requirements for containers, tanks, surface impoundments, waste piles, land treatment, landfills,
indnerators, waste treatment, underground injection, and miscellaneous units. Also, RCRA
TSD regulations identify air emission requirements for process vents, equipment leaks, and
units that store hazardous wastes with high volatile organic concentrations from specific
operations related to the managing and recycling of hazardous waste.
EPA's hazardous waste permitting program is established at 40 CFR Part 270. New TSDFs
requiring a permit must submit a two part permit application. Part A is a short, standard form
that collects general information about the facility, while Part B of the application is much more
extensive and requires the facility to supply detailed and highly technical information. This
submission must be made at least 180 days prior to the date on which physical construction is
expected to start. Once issued, RCRA permits are valid for up to 10 years.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-7
-------
TSDFs fall into two categories: interim status facilities and permitted facilities. Interim status
regulations (40 CFR Part 265) apply to facilities that are operating under a Part A permit while
their Part B permit application is being reviewed. Any facility that is in existence on the effective
date of statutory or regulatory amendments under RCRA that render the facility subject to
permitting requirements qualifies for interim status, provided that the facility notifies EPA of
hazardous waste activity and complies with application requirements of 40 CFR §270.10.
Interim status standards must be met until a Part B permit is issued. TSDF permit standards (40
CFR Part 264) are facility-specific performance standards and design and operating
requirements that are incorporated into a TSD permit. Permit writers use the standard permit
language established in 40 CFR Part 264 to set facility-specific conditions. TSD permits can be
extremely complex and may be several hundred pages in length. As such, an evaluation of
specific permit conditions must be made at plastics materials, synthetic resins, and
nonvulcanizable elastomers manufacturing facilities operating under a RCRA TSD permit.
Land Disposal Restrictions
Under the Land Disposal Restriction (LDR) regulations (40 CFR Part 268), hazardous wastes
are largely prohibited from land disposal. Once prohibited, the statute provides two options:
comply with a specified treatment standard or dispose of the waste in a "no migration unit." Land
disposal includes any placement of hazardous waste into a landfill, land treatment unit, waste
pile, inject well, salt dome or salt bed formation, underground mine or cave or surface
impoundment. Restricted hazardous wastes may be land disposed only if certain treatment
standards are met or if waste extract or waste treatment residue concentrations are met, as
specified in 40 CFR §§268.41-43. Generators of wastes subject to the LDRs must provide
notification of such to the designated TSD facility to ensure proper treatment prior to disposal.
Facilities that generate less than 100 kilograms of non-acute hazardous waste or less than one
kilogram of acute hazardous waste per month are not subject to the LDRs. The LDRs allow
wastes which would otherwise be prohibited from land disposal to be treated in surface
impoundments, provided that specific conditions are met as outlined in 40 CFR §268.4.
Facilities may petition EPA for extensions to the effective date of LDRs in certain instances as
identified in 40 CFR §268.5.
The Land Disposal Restrictions also specify that for certain characteristic wastes managed in
non-Clean Water Act (CWA) wastewater treatment systems, non-CWA equivalent systems or
non-Class I injection wells, the underlying hazardous constituents reasonably expected to be
present in the waste at the point of generation should be treated as well as the hazardous
characteristic. For wastes that are characteristic for organics (i.e., D018-D043), this
requirement applies to both wastewaters and non-wastewaters. Underlying hazardous
constituents include all those constituents listed in 40 CFR 268.48 (Universal Treatment
Standards).
The LDRs prohibit the use of dilution as a substitute for treatment to meet the LDRs.
However, wastes that are hazardous only because they exhibit a characteristic and that are
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-8
-------
treated in a treatment system which treats wastes and subsequently discharges these wastes
pursuant to a CWA permit are exempt from LDRs provided that the characteristic is removed
prior to management in a land based unit. Exhibit RCRA-5 provides a decision tree for making
the determination as to whether dilution of a waste is permissible. Storage of hazardous wastes
restricted from land disposal under Part 268 Subpart C is prohibited, unless certain conditions
are met as identified in 40 CFR §268.50.
Underground Storage Tank Regulations
Underground storage tanks (USTs) containing petroleum and hazardous substances are
regulated under 40 CFR Part 280. Federal, state, and local agencies are or may be involved in
regulating USTs. The statute provides EPA with the authority to develop and enforce the UST
program, but states have discretionary authority to develop their own UST regulatory program
as long as the program is no less stringent than the Federal program. Local agencies may also
implement UST provisions through local ordinances.
An underground storage tank is one that stores "regulated substances" and that has at least 10
percent of its volume below the surface of the ground, including piping connected to the tank.
Regulated substances include hazardous substances regulated under CERCLA (above de
minimis concentrations) and any petroleum products that are liquid at standard conditions.
Regulated substances do not include hazardous wastes. As identified in 40 CFR §280.10(b)(l),
underground tanks containing hazardous waste are not subject to 40 CFR Part 280
requirements. Rather, underground tanks containing hazardous wastes are subject to RCRA
requirements, as appropriate.
Exclusions to the UST regulations include tanks such as for heating oil used primarily for space
heating on the premises where the tank is stored, flow-through process tanks, any wastewater
treatment tank system regulated under the CWA, tanks less than 110 gallons in capacity, spill or
overflow containment systems that are expeditiously emptied after use, storm water and
wastewater collection systems, and tanks situated on or above the floor of underground areas
such as basements, shafts, and tunnels.
The regulations at 40 CFR Part 280 include conditions for design, construction, operation,
installation, and notification; general operating requirements; release detection; release
response, investigation, and confirmation; release reporting and corrective action; out-of-
service UST systems and closures; and financial responsibility.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-9
-------
Exhibit RCRA-5. LDR Dilution Decision Tree
1
Dilution is
prohibited
"Toxic only includes: D001 (high
TOC NWW), D003 (cyanides and
sulfides), D004-17
Note: Dilution prohibition does not
apply to wastes with national
capacity extension or to wastes
going to no migration units
The UST program requires that by December 22, 1998, all existing USTs must add spill,
overfill, and corrosion protection, close the existing UST; or replace the existing UST with a
new UST. Spill protection is defined to include catchment basins to contain spills from delivery
hoses. Overfill protection requires either an automatic shutoff valve, overfill alarms, or ball float
valves. Corrosion protection requires that existing tanks match one of the following tank
conditions and one of the piping conditions:
Tanks
Steel tank has corrosion-resistant coating AND cathodic protection
Tank made of noncorrodible material
Steel tank clad with noncorrodible material or tank enclosed in
noncorrodible material
Uncoated steel tank has cathodic protection system
Uncoated steel tank has interior lined with noncorrodible material
Uncoated steel tank has cathodic protection AND interior lined with
noncorrodible material
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-10
-------
> Piping
Uncoated steel piping has cathodic protection
Steel piping has a corrosion-resistant coating AND cathodic protection
Piping made of (or enclosed in) noncorrodible material.
New USTs must have a suitable dielectric coating in addition to cathodic protection. Also, new
USTs must be installed in accordance with a code of practice and in accordance with the
manufacturer's instructions. Installation of new USTs must also be certified. Any facility which
brings an UST into use after May 8, 1986, must submit the Notification Form prescribed in
Appendix I of Part 280 (or a comparable state form) within 30 days of bringing the UST into
use. This form must be submitted to the state or local agency or department designated in
Appendix II of Part 280.
RCRA Compliance Assessment Considerations
The key components of a RCRA assessment are knowledge of the facility, a document review,
and an assessment plan.
A RCRA self-assessment requires familiarity with what hazardous wastes are generated at the
plastics materials, synthetic resins, and nonvulcanizable elastomers manufacturing facility and
how these wastes are managed. Plastics materials, synthetic resins, and nonvulcanizable
elastomers manufacturing facility operations can be exceedingly complex and varied, so a
knowledge of each operation is necessary.
One source of information for determining compliance with RCRA requirements is a
document review. Useful documents to review include facility maps and blueprints; aerial
photographs; plant organization charts; piping and instrumentation diagrams (P&IDs); operating
or procedure manuals; information about emission points, waste streams, or monitoring
results; the daily operating log; company spill reports; permit applications; TRI reports;
annual/biannual operating reports; and documents prepared for environmental activities such as
siting a facility or remedial activity.
Before conducting an assessment, the assessor should draw up a Plan that traces material flows
through the plant. The Plan should indicate whether samples will be necessary to determine if
a particular waste stream is hazardous or if a release of hazardous material has occurred. In
addition, appropriate reports should be prepared as required, for example, Quality
Assurance/Quality Compliance Plans. Also, the Plan should reflect any special considerations
set forth in the facility permit or any consent decree or agency findings and orders.
EPA has published various RCRA Inspection Checklists which are useful as guidance and as a
framework for a Plan. For example, checklists are available that list requirements from RCRA
regulations for generators of hazardous waste, closure and post-closure plans and
requirements, and land disposal requirements for generators.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-11
-------
Assessing compliance with RCRA paperwork and administrative requirements is as important as
assessing compliance with waste management requirements. Administrative and paperwork
requirements include keeping a daily log of facility operations, submitting an annual/biannual
operating report to the regulatory agency, manifest requirements, waste analysis plans,
certifications, having a contingency plan on file and procedures in place to implement the plan,
conducting an adequate training program, and implementing adequate plant security.
During the actual assessment, the evaluation team should sit down with plant operations
personnel and discuss plant organization and site operations, identifying and verifying major
facility processes, preparedness and prevention measures, safety procedures that are observed
and that need to be observed during the visual inspection, descriptions and locations of special
equipment, and training programs.
RCRA Regulatory Requirements
The following sections provide summaries of the principal regulations developed pursuant to
RCRA that may apply to the plastics materials, synthetic resins, and nonvulcanizable elastomers
manufacturing industry. The section includes:
• 40 CFR §§261.5 and 262.34 - Generator Classifications and Requirements
• 40 CFR Part 262 - Hazardous Waste Generator Requirements
• 40 CFR Part 263 - Hazardous Waste Transporter Requirements
• 40 CFR Part 264 and 265 - Hazardous Waste Treatment Storage and Disposal
40 CFR Part 268 - Land Disposal Restrictions
40 CFR Part 280 - Underground Storage Tanks (UST)
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-12
-------
40 CFR Part 261.5 and 262.34
Generator Classifications and Requirements
Conditionally Exempt Small Quantity Generators (CESQG)
REQUIREMENTS
AFFECTED FACILITY
• Make hazardous waste determination under
§262.11
• Waste must be managed and disposed in a
hazardous waste facility, or a landfull or
other facility approved by the State for
industrial or municipal wastes
• Must comply with §261.5(g) to be excluded
from requirements under parts 262 through
266, 268, and 270.
Generate less than 100 kg/month (220
Ibs/month) of hazardous waste, or
Generate less than 1 kg/month (2.2
Ibs/month) of acute hazardous waste, or
Accumulate up to 1,000 kg (2,200 Ibs) of
hazardous waste onsite at any time
Small Quantity Generator (SQG)
REQUIREMENTS
AFFECTED FACILITY
Subject to regulation under parts 262
through 266, 268, and 270.
Special requirements under §265.201 for
accumulating hazardous waste in tanks.
May not accumulate more than 6,000 kg of
hazardous waste at any time.
May not accumulate hazardous waste onsite
for longer than 180 days (270 days if waste
must be transported over 200 miles to
hazardous waste facility), otherwise
hazardous waste storage permit required.
Generate more than 100 kg/month (220
Ibs/month) of hazardous waste and less than
1,000 kg/month (2,200 Ibs/month) of
hazardous waste, or
Accumulate more than 1,000 kg (2,200 Ibs),
but less than 6,000 kg of hazardous waste at
any time
rn
CN
xO
CN
~o
c
03
LO
xO
CN
03
Q_
b
o
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-13
-------
Large Quantity Generator (LQG)
REQUIREMENTS
AFFECTED FACILITY
Subject to regulation under parts 262
through 266, 268, and 270.
May not store hazardous waste onsite for
more than 90 days, otherwise hazardous
waste storage permit required.
Generate more than 1,000 kg/month (2,200
Ibs/month) of hazardous waste, or
Generate more than 1 kg/month (2.2
Ibs/month) of acutely hazardous waste, or
Generate more than 100 kg/month (220
Ibs/month) of spill cleanup debris containing
an acutely hazardous waste, or
Accumulate more than 1kg (2.2 Ibs) of
acutely hazardous waste at any time
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-14
-------
40 CFR Part 262
Hazardous Waste Generator Requirements
40 CFR PART 262 - HAZARDOUS WASTE GENERATOR REQUIREMENTS
REQUIREMENTS
DESCRIPTION
AFFECTED FACILITY
EPA ID Number §262.12
Subpart B - Manifest
Requirements §§262.20-
260.33
Subpart C - Pre-transport
Requirements §§262.30-
262.34
Cannot treat, store dispose of,
or transport hazardous waste
without EPA ID Number
• Cannot offer hazardous
waste to transporter or to
treatment, storage, or
disposal facilities that do not
have an EPA ID Number
• Must complete and sign EPA
form 8700-22 or 8700-22A
for each shipment of
hazardous waste
• Must label and package
hazardous waste in
accordance with DOT
regulations (49 CFR parts
172,173,178,179) prior to
transport
• Accumulation in units that
comply with Subpart I of 40
CFR 265 (containers), or
Subpart J of 40 CFR part 265
(tanks)
LQG or SQG that transports, or
offers for transportation,
hazardous waste for offsite
treatment, storage or disposal
SQGs allowed up to 180 (or
270) days for accumulating
hazardous waste without a
storage permit
CN
xO
CN
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-15
-------
40 CFR PART 262 - HAZARDOUS WASTE GENERATOR REQUIREMENTS
REQUIREMENTS
Subpart D - Record keeping
and Reporting §§262.40-
262.44
Subpart E - Exports of
Hazardous Waste §§262.50-
262.57
Subpart F - Imports of
Hazardous Waste §262.60
DESCRIPTION
• Accumulation in units that
comply with air emission
standards identified in 40 CFR
265 Subparts AA (process
vents), BB (equipment leaks)
and CC (tanks, surface
impoundments and
containers) and with Subpart
DD (containment buildings)
• May accumulate wastes up to
90 days without storage
permit
• Must develop and maintain a
contingency plan for storing
wastes on-site
• Maintain copies of manifest
for three years
• Must prepare and submit
Biennial Report
• Must file exception report if
manifests not received by
designated facility within 35
days (LQG) or 60 days
(SQG)
• Notify EPA 60 days before
shipment
• Must confirm waste receipts
or file an exception report
• Must file a Summary Report
of Foreign Activity on March
1 of each year
• Must prepare manifest that
identifies foreign generator
and importer
AFFECTED FACILITY
SQG exempt from biennial
reporting requirements
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-16
-------
40 CFR PART 262 - HAZARDOUS WASTE GENERATOR REQUIREMENTS
REQUIREMENTS
DESCRIPTION
Must comply with all other
generator standards in 40
CFR Part 262
AFFECTED FACILITY
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-17
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-18
-------
40 CFR Part 263
Hazardous Waste Transporter Requirements
40 CFR PART 263 - HAZARDOUS WASTE TRANSPORTER REQUIREMENTS
REQUIREMENTS
DESCRIPTION
AFFECTED FACILITY
EPA ID Number §263.11
Transfer Facility Requirements
§263.12
Manifest and Record Keeping
Requirements §263.20
Hazardous Waste Discharges
§263.30
• Must obtain an EPA ID
Number in order to
transport hazardous waste
• May store manifested
shipments for ten days or
less, otherwise subject to
hazardous waste storage
requirements under parts
264, 265, 268, and 270
• Cannot receive a waste
shipment unless
accompanied by a
hazardous waste manifest
• Take appropriate action
• Notify proper authorities
Persons who transport
hazardous waste within the
U.S. if manifest is required
under 40 CFR §262.
CN
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-19
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-20
-------
40 CFR Part 264 and 265
Hazardous Waste Treatment, Storage, and
Disposal
40 CFR PART 264 - FACILITY REQUIREMENTS
(PART 265 INTERIM STATUS STANDARDS ARE SIMILAR BUT NOT IDENTICAL)
REQUIREMENTS
DESCRIPTION
AFFECTED FACILITY
General Facility Requirements
(Subpart B) Identification
Number §264.11
Required Notices §264.12
General Facility Management
Plans §§264.13-264.19
• Must obtain an EPA ID Number
in order to treat, store, or dispose
of hazardous waste
• Must notify Regional Administrator
of receipt of a hazardous waste
from foreign source
• Must notify generator that the
facility receiving the waste has the
proper permits
• General Waste Analysis §264.13
Security §264.14
General Inspection Requirements
§264.15
Personnel Training §264.16
General Requirements for I, C, R
wastes §264.17
Location Standards §264.18
Construction Quality Assurance
Program §264.19
Facilities that treat, store
or dispose of hazardous
waste
LO
xO
CN
~O
CN
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-21
-------
40 CFR PART 264 - FACILITY REQUIREMENTS
(PART 265 INTERIM STATUS STANDARDS ARE SIMILAR BUT NOT IDENTICAL)
REQUIREMENTS
DESCRIPTION
AFFECTED FACILITY
Preparedness and Prevention
(Subpart C)
Contingency Plan and
Emergency Procedures
(Subpart D)
Manifest System, Record
keeping/Reporting (Subpart E)
Releases from Solid Waste
Management Units (Subpart F)
• Must be equipped with
communications and alarm
systems, fire control equipment,
spill control equipment,
decontamination equipment,
adequate water supply and
distribution system
• Must make arrangements with
local authorities for the event of
an emergency
• Must develop and follow written
contingency plan to minimize
hazardous from fires, explosions
and releases
• Must maintain a written operating
record
• Must comply with hazardous
waste manifest requirements
• Must submit a biennial report
• Must submit Unmanifested Waste
Report within 15 days of receiving
hazardous waste without an
accompanying manifest
• Must implement a groundwater
program capable of determining
the facility's impact on ground
water quality
Groundwater monitoring system
Develop and follow a ground-
water sampling and analysis plan
Owner/operator of a
surface impoundment,
landfull or land
treatment facility used to
manage hazardous
waste
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-22
-------
40 CFR PART 264 - FACILITY REQUIREMENTS
(PART 265 INTERIM STATUS STANDARDS ARE SIMILAR BUT NOT IDENTICAL)
REQUIREMENTS
DESCRIPTION
AFFECTED FACILITY
Closure and Post-Closure
(Subpart G)
Financial Requirements
(Subpart H)
• Must develop and submit a
written closure plan as part of the
permit application under 40 CFR
Part 270
• Must have detailed written
estimate of the cost of closing the
facility under the closure plan
• Must establish financial assurance
by selecting appropriate options
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-23
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-24
-------
40 CFR Part 264 and 265
Hazardous Waste Treatment, Storage and
Disposal - Unit Specific Standards
40 CFR PART 264 AND 265 UNIT SPECIFIC STANDARDS
REQUIREMENTS
AFFECTED FACILITY
Containers (Subpart I)
Tank Systems (Subpart J)
Surface Impoundments
(Subpart K)
Waste Piles (Subpart L)
Land Treatment (Subpart M)
Landfills (Subpart N)
Incinerators (Subpart O)
Drip Pads (Subpart W)
Miscellaneous (Subpart X)
Air Emission Standards for
Process Vents (Subpart AA)
Air Emission Standards for
Equipment Leaks (Subpart BB)
Facilities that treat, store, or dispose of hazardous wastes in
containers
Facilities that treat, store or dispose of hazardous wastes in tanks
Facilities that treat, store, or dispose of hazardous wastes in
surface impoundments
Facilities that treat, store, or dispose of hazardous wastes in piles
Facilities that treat or dispose of hazardous wastes in land
treatment units
Facilities that dispose of hazardous waste in landfills
Facilities that treat or dispose of hazardous wastes in incinerators
Facilities that treat, store, or dispose of hazardous waste on drip
pads.
Facilities that treat, store or dispose of hazardous wastes in units
not identified in 40 CFR Parts 264/265
Facilities subject to RCRA permitting that have distillation,
fractionation, thin-film evaporation, solvent extraction, or
air/stream stripping operations that manage wastes with organic
concentrations of at least 10 ppmw. (See §264.1030)
Facilities with equipment, regardless of process, that manage
hazardous wastes in units which are subject to permitting under
40 CFR Part 270 and recycling units located at facilities subject to
permitting. (See §264.1050).
Units that manage less than ten percent organics by weight
require only record keeping.
CO
~O
clo
U
"O
CD
Q_
CO
"c
D
LO
xQ
CN
~O
xQ
CN
Q_
• •
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-25
-------
40 CFR PART 264 AND 265 UNIT SPECIFIC STANDARDS
REQUIREMENTS
AFFECTED FACILITY
Air Emissions Standards for
Tanks, Surface Impoundments,
and Containers (Subpart CC)
Containment Buildings
(Subpart DD)
Facilities that treat, store, or dispose of hazardous waste in tanks,
surface impoundments, or containers subject to subparts J, K, or I,
respectively.
Certain units may not be subject to subpart CC if criteria under
§§264.1080 and 264.1082 re met.
Facilities that treat or store hazardous wastes in containment
buildings are required to meet certain design and operating
standards.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-26
-------
40 CFK Part 268
Land Disposal Restrictions - Certification and
Notification
40 CFR PART 268 - GENERATOR - CERTIFICATION AND NOTIFICATION
REQUIREMENTS
DESCRIPTION
AFFECTED FACILITY
Waste Analysis and Record
keeping for Generators
§268.7(a)
• Must determine if waste is
restricted from land disposal
• If waste does not meet
treatment standards in §268
Subpart D, must notify
treatment or storage facility
receiving waste
• If waste meets treatment
standards §268 Subpart D,
must submit notification,
certification, and supporting
information to treatment,
storage, or disposal facility
receiving the waste
• If accumulating and treating
restricted wastes onsite,
must develop waste analysis
plan and file with
Administrator or authorized
State
• Maintain copies of records,
certifications, and notices
for five years
LQGs and SQGs
00
xO
CN
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-27
-------
40 CFR 268 - TREATMENT AND DISPOSAL - CERTIFICATION AND NOTIFICATION
REQUIREMENTS
DESCRIPTION
AFFECTED FACILITY
Waste Analysis and Record
Keeping for Treatment
Facilities §268.7(b)
Waste Analysis and Record
Keeping for Disposal Facilities
§268.7(c)
• Must test waste in
accordance with waste
analysis plan
• Must submit notification and
certification to land disposal
facility receiving the waste
• Must maintain copies of all
notices and certifications
specified in §268.7(a) and
(b)
• Must test waste in
accordance with waste
analysis plan to determine if
the treatment standards
have been met
Facilities that treat hazardous
wastes subject to LDRs
Disposal Facilities
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-28
-------
40 CFR Part 280
Underground Storage Tanks (UST)
40 CFR PART 280 - UNDERGROUND STORAGE TANK REQUIREMENTS
REQUIREMENTS
DESCRIPTION
AFFECTED
FACILITY
Design,
Construction,
Installation, and
Notification (Subpart
B)
General Operating
Requirements
(Subpart C)
Release Detection
(Subpart D)
New USTs (installed after December 1988)
must meet performance standards detailed in
40 CFR §280.20
All existing UST systems (installed before
December 1988) must be upgraded to meet
standards detailed in 40 CFR §280.21 by
December 1998
Notify State and/or local agencies upon the
Installation and use of new UST systems (40
CFR §280.22)
Must ensure the prevention of releases through
spill and overfill control, proper corrosion
protection, use of compatible materials, and
proper and appropriate repairs to the UST
system
Reporting requirements include notification,
reports of all releases (suspected and
confirmed), corrective action, and permanent
change ins service or closure.
Record keeping requirements include
documentation of corrosion controls, UST
system repairs, release detection compliance
Must provide a method or combination of
methods to detect leaks and releases from the
UST system
Must comply with release detection
requirements according to the schedule set
forth in 40 CFR §280.40(c)
All owners and
operators of
underground storage
tank systems as
defined in 40 CFR
§280.12 (See
§280.10 (b-d) for
exceptions)
O
OO
CN
Q_
c£
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-29
-------
40 CFR PART 280 - UNDERGROUND STORAGE TANK REQUIREMENTS
REQUIREMENTS
DESCRIPTION
AFFECTED
FACILITY
Release Reporting,
Investigation, and
Confirmation
(Subpart E)
Release Response
and Corrective
Action for UST
Systems Containing
Petroleum or
Hazardous
Substances (Subpart
F)
Out-of-Service UST
Systems and
Closure (Subpart G)
• Petroleum USTs must comply with release
detection requirements under 40 CFR §280.41
• Hazardous substance USTs must comply with
release detection requirements under 40 CFR
§280.42
• Must maintain records demonstrating
compliance with release detection requirements
• Must report any suspected releases within 24
hours or another reasonable time period
specified by implementing agency
• Must investigate and confirm any suspected
releases
• Must contain and cleanup any release, and
report to implementing agency
In the event of a release
• Must notify implementing agency upon
confirmation of a release and take action to
prevent additional release
• Must submit report to implementing agency
that summarizes initial abatement activities
within 20 days
• Must submit site characterization report
• Must develop and implement a corrective
action plan as directed by implementing agency
• For temporary closure, must maintain operating
practices to ensure prevention of releases
• Must notify within 30 days of permanent
closure
• Must maintain records to demonstrate
compliance with closure requirements in
accordance with §280.34
UST systems that
manage petroleum
or hazardous
substances.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-30
-------
40 CFR PART 280 - UNDERGROUND STORAGE TANK REQUIREMENTS
REQUIREMENTS
Financial
Responsibility
(Subpart H)
DESCRIPTION
• Must demonstrate financial responsibility for
taking corrective action and for compensating
third parties for bodily injury and property
damage caused by accidental releases
AFFECTED
FACILITY
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-31
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing RCRA-32
-------
Emergency Planning and Community
Right-to-Know Act (EPCRA)
The Emergency Planning and Community Right-To-Know Act (EPCRA), also known as
Superfund Amendments Reauthorization Act (SARA) Title III, is designed to provide the general
public and emergency planning and response personnel with information regarding the
potential hazards in their community. EPCRA regulations identify emergency planning and
notification procedures for hazardous chemicals in the community. Pursuant to EPCRA, EPA
implements and enforces four regulatory programs applicable to the plastics materials, synthetic
resins, and nonvulcanizable elastomers manufacturing industry. These programs are described
below. The detailed requirements included in the applicable regulations are presented later in
this section.
Hazardous Substance Notification
Pursuant to 40 CFR §302.6, facilities that release a hazardous substance in a quantity equal to
or exceeding the reportable quantity (RQ) established in 40 CFR §302.4 must immediately
notify the National Response Center at (800) 424-8802 and in the Washington, B.C. area at
(202) 426-2675. Depending on the hazardous substance, the RQ ranges from 1 to 5,000
pounds. For this regulation, "release" means any spilling, leaking, pumping, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing into the environment, but
excludes any release that results in exposure to persons solely within a workplace. Reporting
procedures are similar to those required under 40 CFR Part 117 (CWA), but specify a different
list of hazardous substances.
Emergency Planning and Notification
Pursuant to 40 CFR Part 355, any facility at which there is present an amount of any extremely
hazardous substance, as defined in 40 CFR Part 355, equal to or in excess of its threshold
planning quantity, shall notify the Commission (i.e., the State emergency response commission
(SERC) or the Governor if
there is no commission) and
the local emergency planning
committee (LEPC) identified in
40 CFR §355.30. Any facility
producing, using, or storing a
hazardous chemical, as defined
in 40 CFR §355.20, that
Emergency Planning and Community Right-to-Know Act
Hazardous Substance Notification EPCRA-1
Emergency Planning and Notification EPCRA-1
Hazardous Chemical Reporting: Community Right-to-KnowEPCRA-2
Toxic Chemical Release Inventory EPCRA-2
EPCRA Assessment Considerations EPCRA-3
EPCRA Regulatory Requirements EPCRA-4
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-1
-------
releases an RQ of an extremely hazardous substance or a CERCLA hazardous substance must
immediately notify the local emergency planning committee and the State emergency planning
commission as specified in 40 CFR §355.40.
Hazardous Chemical Reporting: Community Right-To-Know
As required in 40 CFR Part 370, plastics materials, synthetic resins, and nonvulcanizable
elastomers manufacturing facilities are required to submit a Material Safety Data Sheet (MSDS),
as required in 29 CFR §1910.1200(c), or a list of hazardous chemicals for which MSDSs are
required (i.e., a minimum threshold of zero pounds), for each hazardous chemical used as
defined in 40 CFR §370.2 to the SERC, LEPC, and the fire department.
All plastics materials, synthetic resins, and nonvulcanizable elastomers manufacturing facilities
must also submit a Tier I or Tier II Form, as identified in 40 CFR §§370.40 and 41, for all
hazardous chemicals (above a threshold of 500 pounds) and all extremely hazardous chemicals
(above a threshold of zero pounds) indicating the aggregate amount of these chemicals at their
facilities classified by hazard category. All facilities must submit a Tier I form (Aggregate
Information by Hazard Type). If any agency requests a Tier II report (Specific Information by
Chemical), the plastics materials, synthetic resins, and nonvulcanizable elastomers
manufacturing facility is required to submit this information within 30 days of the request. Any
facility may submit a Tier II form in lieu of a Tier I form.
Information required in 40 CFR Part 370 must be submitted to the SERC, LEPC, and the fire
department.
Toxic Chemical Release Inventory
Section 313 of EPCRA requires submission of the Toxic Chemical Release Inventory (TRI)
Reporting Form (the Form R) as required in 40 CFR Part 372. Form R provides EPA with a
compilation of release information that supports future regulations and also provides the public
with information on releases of toxic chemicals in the community. Facilities subject to the
requirement must report the quantities of both routine and accidental releases of listed toxic
chemicals (40 CFR §372.65), the maximum amount of the listed toxic chemicals onsite during
the calendar year, and the amount contained in wastes transferred offsite.
A complete Form R is required annually for each toxic chemical manufactured, processed, or
otherwise used at each covered facility as described in 40 CFR Part 372. The form must be
filed on or before July 1 of the following year and submitted both to EPA and the State.
Included in the Form R reporting requirements are air releases that are not released through
any point source (stocks, vents, ducts, pipes, or any other combined air stream). These
releases include (1) fugitive equipment leaks from valves, pump seals, flanges, compressors,
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-2
-------
sampling connections, etc.; (2) evaporative losses from surface impoundments and spills; (3)
releases from building ventilation systems; and (4) any other fugitive or non-point air emissions.
Engineering estimates and mass balance equations may be useful in estimating these fugitive
emissions.
Plastics materials, synthetic resins, and nonvulcanizable elastomers manufacturing facilities that
have 10 or more employees are required to submit a form for any Section 313 listed toxic
chemical that is manufactured or processed at the facility in excess of a 25,000 pound threshold
during the course of a calendar year or is a listed toxic chemical that is otherwise used at the
facility in excess of a 10,000 pound threshold during the course of the year. (Toxic chemicals
contained in mixtures and trade name products must also be accounted for when making
threshold and release determinations.) The facility should use the best information available to
determine chemical quantities. Section 313 listed toxic chemicals do not have to be considered
if they are present in a mixture at less than a de minimis total of 1.0 percent, or 0.1 percent
combined for toxic chemicals meeting the OSHA carcinogen standard. Uses that are exempt
from reporting requirements include, among others, use of toxic chemicals contained in intake
water (used for processing or non-contact cooling) or in intake air (used either as compressed
air or for combustion).
A supplier notification requirement exists at 40 CFR Part 372, Subpart C for facilities that
manufacture, import, or process a listed toxic chemical, and then sell or otherwise distribute a
mixture or trade name product containing the toxic chemical above de minimis levels to either
another manufacturing facility or another facility that then sells the same mixture or trade name
product to another manufacturing facility. Supplier notification is also required if a waste
mixture containing a toxic chemical is sold to a recycling or recovery fadlity. This notification
must be made to each customer with the first shipment of each calendar year. Records of
notifications must be kept for at least 3 years.
An alternative threshold of one million pounds per year applies to facilities that calculate the
annual reportable amount of a toxic chemical to be less than 500 pounds for the combined
total of quantities released, disposed, treated, recovered, combusted, and transferred. Facilities
meeting these alternative reporting thresholds are not required to submit Form R for these
chemicals. Rather, the regulations at 40 CFR §372.95 identify certification procedures that are
to be followed.
EPCRA Assessment Considerations
When attempting to determine compliance with EPCRA at a plastics materials, synthetic resins,
and nonvulcanizable elastomers manufacturing facility, activities will focus primarily on reporting
and recordkeeping. The Form R is the highest profile reporting requirement under EPCRA. If
the plastics materials, synthetic resins, and nonvulcanizable elastomers manufacturing fadlity
meets the requirements set out above for reporting, it must submit a Form R annually for
every chemical it has on site in excess of the threshold amounts. The Form R does not require
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-3
-------
specific studies or analyses, the information submitted may be based on existing information
and on estimates. However, EPA does consider data quality when reviewing the Form R and
will question numbers and data that do not appear to be reasonable.
The facility should pay particular attention to intermediate products it manufactures and then
uses in different products; it should also identify any chemicals it uses in waste treatment. The
facility is required to submit a Form R both for intermediates and treatment chemicals. A facility
should also be mindful of areas that are likely to have unreported spills, such as raw materials
handling areas, pumps, and pipe fittings and connections. In addition, a facility should identify if
(and where) volatile organic chemicals are used. VOC emissions in an open area to the
atmosphere do constitute a regulated release under EPCRA. These emissions must be
reported on the Form R.
EPCRA Regulatory Requirements
The following sections provide a summary of the prindpal regulations developed pursuant to
EPCRA that may apply to the plastics materials, synthetic resins, and nonvulcanizable elastomers
manufacturing industry. The regulations included are:
* 40 CFR Part 302 - Designation, Reportable Quantities and Notification
* 40 CFR Part 355 - Emergency Planning and Notification
* 40 CFR Part 370 - Hazardous Chemical Reporting: Community Right-to-Know
* 40 CFR Part 372 - Toxic Chemical Release Reporting, Community Right-to-
Know
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-4
-------
40 CFK Part 302
Designation, Reportable Quantities, and
Notification
Designation of Hazardous Substances, §302.4
REQUIREMENTS
REGULATORY THRESHOLD
Under Section 102(a) of CERCLA, these
regulations identify reportable quantities of
hazardous substances and set forth reporting
requirements of releases.
Listed hazardous substances are in Table
§302.4 and are designated as "hazardous under
Section 102 (a) of CERCLA." Also included are
"unlisted" hazardous substances which are
defined in 40 CFR 302.4(b) as characteristics of
hazardous waste.
The Table includes the reportable quantities of
these substances. Unlisted hazardous
substances have reportable quantity limit of 100
pounds (§302.5), except for unlisted hazardous
wastes that exhibit extraction procedure (EP)
toxicity as identified in Part 261 which vary
based on the reportable quantity of the
pollutant of concern and its lowest value in
Table §302.4. Appendix A of §302.4 contains
a sequential CAS number listing of chemicals
and Appendix B contains a listing of regulated
radionuclides.
Notification Requirements, §302.6
REQUIREMENTS
REGULATORY THRESHOLD
Facilities which release reportable quantities
established in Table §302.4 must immediately
notify the National Response Center at (800)
424-8802 or in the Washington D.C. area at
(202) 426-2675.
Table §302.4 is used to determine whether the
regulations apply to a specific facility based on
chemicals that are released.
Exposure to persons within a workplace is
excluded. Reportable quantities range from 1
to 5,000 pounds. Release means any spill, leak,
pumping, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or
disposing into the environment. Specific
requirements for various types of radionuclides,
including those which are exempt from
reporting to the National Response Center are
given in §302.6.
fN
O
PO
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-5
Q_
b
O
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-6
-------
40 CFK Part 355
Emergency Planning and Notification
Emergency Planning, §355.30
REQUIREMENTS
REGULATORY THRESHOLD
Facilities subject to emergency planning
requirements must notify the local and State
emergency planning commissions. They must
designate an emergency planning coordinator,
provide information to the local planning
committee, and calculate Threshold Planning
Quantities [§355.30(e)] for substances listed in
Appendices A and B of §355.
• §355.30(b) notification of planning
commission due May 17,1987, or within 60
days of becoming subject to the planning
requirements;
• §355.30(c) facility emergency coordinator
designated due September 17,1987, or 30
days after establishing a local emergency
planning committee;
• §355.30(d) information for planning must be
provided "promptly" upon request.
The facility has onsite an extremely hazardous
substance equal to or greater than its threshold
planning quantity.
LO
LO
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-7
-------
Emergency Release Notification, §355.40
REQUIREMENTS
REGULATORY THRESHOLD
A facility must immediately notify the local
community emergency coordinator (or
emergency response personnel) and State
coordinator of reportable releases that will likely
affect the local area or state. Notice must
include chemical name or identity of any
substance released, indication of whether it is an
extremely hazardous substance, estimate of
quantity released, estimate of time and duration
of release, media into which release occurred,
known or expected acute or chronic health
risks including medical advice for exposed
individuals, precautions to be taken,
contact/phone numbers for further information.
A written follow up emergency notice must be
provided to update the information about the
release, and actions taken. For transportation-
related releases, this information can be
provided to the 911 operator.
The facility produces, uses, or stores a
hazardous chemical and there is a release of a
reportable quantity of any extremely hazardous
substance or CERCLA hazardous substance.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-8
-------
Hazardous Chemical Reporting: Community
Right-to-Know (EPCRA)
General Applicability:
Any facility that is required to
prepare or have available an
MSDS for a hazardous chemical
under OSHA (1970).
Reporting Requirements, §370.20
This part applies to any amount of onsite hazardous chemicals greater than or equal to 10,000
Ib and for all extremely hazardous substances present in an amount greater than or equal to
500 pounds, or the Threshold Planning Quantity (TPQ), whichever is less. Applicable facilities
must submit Tier I forms by March 1, 1991, and annually thereafter. If requested, they must
also submit Tier II forms.
MSDS Reporting, §370.21
Applicable facilities must submit to the local emergency planning committee, state emergency
response commission and the local fire department (1) MSDSs for the facility for hazardous
chemicals as required in §370.20; or (2) similar information including a list of hazardous
chemicals by hazard category, the chemical or common name and components.
Reporting Upon Request, §370.21(d)
An MSDS must be provided for any changed chemicals within 3 months of the change.
Inventory Reporting, §370.25
The owner or operator must provide an inventory form to the emergency planning
commission, the committee and the fire department with jurisdiction over the facility. It should
contain Tier I information on hazardous chemicals present at the facility during the preceding
calendar year above the threshold levels in §370.20(b). It must be submitted before March 1
each year. Tier II information may be submitted as an alternative per §370.25(b).
Submission of Tier II Information, §370.25(c) pn
Upon request by the SERC, LEPC, or local fire department, the facility must submit Tier II Q_
information. _^
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-9
-------
Fire Department Inspection, §370.25(d)
The facility must allow the fire department to conduct inspections and must provide specific
information on locations of hazardous chemicals upon request.
Mixtures, §370.28
Special reporting requirements apply for mixtures, including quantifying mixtures using
procedures in §370.28.
Public Access and Availability of Information (Subpart C), §370.30
The committee must provide any person with MSDS or Tier II information for a specific facility,
except upon request by the facility owner or operator, the commission or committee can
withhold information on the locations of chemicals identified on Tier II forms.
Inventory Forms, Tier I and Tier II (Subpart D), §370.40
The forms contain information on hazardous and extremely hazardous chemicals onsite at the
facility.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-10
-------
40 CFK Part 372
Toxic Chemical Release Reporting,
Community Right-to-Know
Reporting Requirements, Subpart B
REQUIREMENTS
AFFECTED FACILITY
This section of the regulations sets forth
requirements for the submission of information
relating to the release of toxic chemicals under
§313 of EPCRA yearly on July 1. Date of
applicability: February 16,1988.
Section §372.22 specifies the types of facilities
that are subject to the Form R reporting
requirements:
a) facilities with 10 or more full time employees;
b) facilities in SIC codes 20-39 (as of January 1,
1987). Criteria for the determination of SIC are
further explained in Section §372.22(b); and
(c) facilities which process, manufacture, or use
a toxic chemical in excess of the threshold
quantity set forth for the chemical in §§372.25
or 372.27.
Exemptions to the reporting of releases of toxic
chemicals are detailed in §372.38 (e.g., de
minimis concentrations, toxic chemicals
contained in articles, structural components,
routine janitorial uses, personal use by
employees, maintaining motor vehicles,
chemicals in process water or noncontact
cooling water, and laboratory activities).
Owners of industrial parks or similar real estate
owners are also exempt since the operators of
the facilities would hold this responsibility.
fN
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-11
-------
Record Keeping, §372.10
REQUIREMENTS
REGULATORY THRESHOLD
Facilities must retain copies of reports, supporting
documentation, including such items as data to show
how reportable quantities were determined, data to
calculate the quantity of a release, documentation of
offsite transfer or release of toxic chemicals, and
manifests or records for offsite transfer for a period of 3
years after each report is made. The reports must be
available for inspection by EPA.
All facilities subject to any reporting
requirements in Part 372.
Threshold in §372.25(a) applies to
chemicals manufactured, imported or
processed at a facility. The threshold is
25,000 Ib/yr for chemicals
manufactured or processed and 10,000
Ib/yr for chemicals used.
Reporting Requirements and Schedule for Reporting, §372.30
REQUIREMENTS
REGULATORY THRESHOLD
EPA Form 9350-1 (i.e. EPA Form R) is to be used to
report chemicals above thresholds for manufactured,
imported, processed, used or combined into a mixture
or trade name product. Details on characterizing
mixtures and trade name products are given in
§372.30(b). Reports are due annually on July 1.
A regulated facility may consist of more
than one establishment (defined as
economic unit) and separate forms may
be used for each establishment as long
as reporting is accomplished for the
entire facility.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-12
-------
Supplier Notification Requirement - Subpart C
REQUIREMENTS
REGULATORY THRESHOLD
Facilities must notify the person to whom toxic
chemicals, mixtures or trade name products containing
toxic chemicals, are sold. The notification must be in
writing and include specific information per §372.45(b):
product trade name, a statement that the product
contains a SARA Title III, Section 313 chemical and the
chemical name, the CAS number of the chemical, and
the percent by weight of each toxic chemical in the
mixture or product.
Notification must be with the first shipment of the
product in each calendar year. If the product is
renamed or changed, the notification must be initiated
over again.
Owners and operators of facilities
classified as SIC code 20-39 who
manufacture, import or process toxic
chemicals, and who sell or otherwise
distribute a mixture or trade name
product containing a toxic chemical to a
facility who uses or sells the product or
mixture. If an MSDS is required in
accordance with 29 CFR 1910.1200,
the notification must be attached or
incorporated into the MSDS.
Exceptions include mixtures or trade
name chemicals with de minimis
amounts (see §372.45(d) for others).
However, if the chemical is considered
proprietary (trade secret) under 29 CFR
1910.1200, the notification can be
written with generic language.
Specific Toxic Chemical Listings - Subpart D
Tables, with alphabetical and CAS number listings of chemicals and chemical categories, along
with the effective date of the regulation for each of the chemicals are provided in §372.65.
Forms and Instruction - Subpart E
Toxic Chemical Release Reporting Form and Instruction - §372.85
REQUIREMENTS
EPA Form R must be used and is available by writing to
the Section 313 Document Distribution Center, PO
Box 12505, Cincinnati, OH 45212.
REGULATORY THRESHOLD
Toxic chemicals, manufactured,
processed, or otherwise used in excess
of an applicable threshold in §372.25.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-13
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing EPCRA-14
-------
Clean Water Act (CWA)
The primary objective of the Clean Water Act (CWA) is to restore and maintain the chemical,
physical, and biological integrity of the nation's waters. The CWA regulates both "direct"
discharges to waters of the United States and "indirect" discharges to publicly owned treatment
works (POTWs). Under the authority of the CWA, several types of regulations have been
developed to control discharges to the Nation's waters. Exhibit CWA-1 illustrates how the
following regulations and permits work to limit the wastewater discharged:
* Effluent Limitation Guidelines and Categorical Pretreatment Standards establish
limitations for direct and indirect discharges (40 CFR Part 405-471)
* National Pollutant Discharge Elimination System (NPDES) Program controls
direct discharges (40 CFR Parts 122-125, 501, 503)
* National Pretreatment Program controls indirect discharges (40 CFR Parts 403)
* Spills of Oil and Hazardous Substances [CWA §311(b)(3)] prohibits oil
discharges (40 CFR Part 110)
* Oil Pollution Prevention establishes procedures to prevent discharge of oil (40
CFR Part 112)
* Reportable Quantities for Hazardous Substances designates hazardous
substances and the reportable volumes for each (40 CFR Parts 116 and 117).
The following sections address each
regulation individually and identify the
inspection considerations for programs
implemented under the CWA. In
addition, these sections emphasize
how each program is implemented
with specific requirements and
compliance dates.
Clean Water Act:
Effluents Limitations Guidelines and Categorical
Pretreatment Standards CWA-2
NPDES Program CWA-5
Pretreatment Program CWA-9
Policy on Effluent Trading in Watersheds CWA-11
Spills of Oil and Hazardous Substances CWA-11
Oil Pollution Prevention CWA-12
Reportable Quantities for Hazardous Substances CWA-12
CWA Assessment Considerations CWA-12
CWA Regulatory Requirements CWA-15
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-1
-------
Exhibit CWA-1. CWA and Regulatory Requirements for Plastics Materials,
Synthetic Resins, and Nonvulcanizable Elastomers Facilities
Clean Water Act
NPDES Program
40 CFR Part 122
Regulatory requirements to issue permits controlling
the discharge of pollutants to the nation's waters
Regulates all industrial direct
(point source) discharges (e.g.,
process wastewater, cooling
water) discharged to the
nation's waters
• Storm water requirements
• Effluent Guidelines for
Process Wastewater
Discharges
• Cooling water discharges
Regulates municipal wastewater
treatment plant discharges
• Requires implementation
of municipal pretreatment
programs
• Individual control
mechanism (i.e., permit)
issued by municipality to all
facilities regulated by
categorical pretreatment
standards
Oil and Hazardous
Substances
40 CFR Part 110
40 CFR Part 112
40 CFR Part 116 and 117
Regulatory requirements
that regulate the discharges
of oil into waters of the
United States and the
designation of and
reportable quantities of
hazardous substances
Effluent Limitations Guidelines and Categorical Pretreatment Standards
For the CWA, industrial wastewater is regulated either by effluent limitations guidelines (direct
dischargers) or categorical pretreatment standards (indirect dischargers). Effluent guidelines and
categorical pretreatment standards apply only to industrial users with specific industrial
processes. Categorical pretreatment standards are technology-based limitations, requiring
compliance at the end-of-process. EPA has promulgated effluent guidelines (for direct
discharges) and existing source and new source pretreatment standards (for indirect
dischargers) for about 50 industrial categories. In addition to effluent limitations and standards
for Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF) (Part 414), plastics materials,
synthetic resins, and nonvulcanizable elastomers manufacturers may also be subject to Plastics
Molding and Forming standards (40 CFR Part 463). These standards emphasize the control of
the 126 toxic pollutants designated by EPA as "priority pollutants." These regulations apply to
process wastewater only. In most cases, the facility will have a wastewater discharge permit
issued either by an EPA Regional office, the State, or the local sewer authority that incorporates
applicable guidelines and standards. Where a facility discharges to a POTW that is not
authorized to implement and enforce the pretreatment program, the facility will generally not
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-2
-------
have a wastewater discharge permit unless it has been issued by the State. In these instances, it
is the facility's responsibility to comply with the applicable categorical pretreatment standards
and requirements. Specific applicability determinations are described in the appropriate
regulation and are summarized below.
The 40 CFR Part 414 regulations do not apply to all plastics materials, synthetic resins, and
nonvulcanizable elastomers manufacturers. Specifically, process wastewater discharges from
the manufacture of chemicals solely by extraction from plant and animal raw materials or by
fermentation processes are not regulated. Also, process/product discharges which are covered
by the provisions of other categorical effluent limitations guidelines or categorical pretreatment
standards if the wastewater is treated in combination with non-OCPSF industrial category
regulated wastewater are not covered. However, the OCPSF regulations do apply to the
product/processes covered if the facility reports OCPSF products under SIC codes 2821,
2865, or 2869, and its OCPSF wastewaters are treated in a separate treatment system at the
facility or discharged separately to a POTW.
For example, some vertically integrated petroleum refineries and pharmaceutical manufacturers
discharge wastewaters from the production of plastic or resin products that are specifically
regulated under the Petrochemical and Integrated Subcategories of the Petroleum Refining
Category (40 CFR Part 419) or the Chemical Synthesis Products Subcategory of the
Pharmaceuticals Manufacturing Category (40 CFR Part 439). Unless the OCPSF production
wastewater from these facilities is treated or discharged separately from the non-OCPSF
wastewaters, discharges from these operations are subject to the other categorical standards.
Additionally, EPA intends to promulgate effluent limitations guidelines and categorical
pretreatment standards for the Centralized Waste Treatment Category (40 CFR part 437) that
will regulate discharges from facilities that treat wastes received from offsite. The facilities
proposed for regulation include stand-alone waste treatment and recovery facilities which treat
waste received from offsite and also include treatment systems which treat onsite generated
process wastewater with wastes received from offsite. Specifically, centralized waste
treatment facilities include the following: (1) commercial facilities that accept waste from offsite
for treatment from facilities not under the same ownership; (2) non-commercial facilities that
accept waste from offsite for treatment only from facilities under the same ownership (i.e.,
intra-company transfer); or (3) mixed commercial/non-commercial facilities that accept some
waste from offsite for treatment from facilities not under the same ownership and some waste
from facilities under the same ownership.
The following sections provide some additional details on the two categories most applicable to
plastics materials, synthetic resins, and nonvulcanizable elastomers facilities (i.e., OCPSF and
Plastics Molding and Forming).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-3
-------
Organic Chemical, Plastics, and Synthetic Fibers
The 40 CFR Part 414 regulations cover all OCPSF products or processes whether or not they
are located at facilities where the OCPSF covered operations are a minor portion of and
ancillary to the primary production activities or a major portion of production. Stand-alone
OCPSF research and development, pilot plants, technical services, and laboratory bench scale
operations are covered by the OCPSF regulation only if these operations are conducted in
conjunction wth and related to existing OCPSF manufacturing operations.
Federal effluent limitations guidelines, categorical pretreatment standards, and new source
performance standards set numerical concentration-based limitations. Applicable limitations for
a plastics materials, synthetic resins, and nonvulcanizable elastomers facility subject to 40 CFR
Part 414 must be based on a reasonable estimate of process wastewater flows and the
concentration limitations to develop mass limitations. Compliance is to be evaluated against
these mass limits.
Process wastewater flows are defined in the regulations (40 CFR §401.11) to include
wastewaters resulting from manufacture of OCPSF products that come in direct contact with
raw materials, intermediate products, or final products, and surface runoff from the immediate
process area that has the potential to become contaminated. Non-contact cooling waters,
utility wastewaters, general site runoff, ground waters, and other nonprocess wastewaters
generated onsite are specifically excluded from the definition of process wastewater discharges.
As such, the composition of each wastestream that is being generated is not as crucial as the
source of the wastewater. The permitting authority is responsible for determining the
appropriate flows to use for calculating permit limits.
In addition to limitations for organics and conventional pollutants, the OCPSF regulations also
set specific requirements for chromium, copper, lead, nickel, zinc, and cyanide. For these
pollutants, only the flows from metal-bearing (for metals) or cyanide-bearing (for cyanide)
wastestreams and any incidental metals from intake water, corrosion of construction material,
or contamination of raw waters are to be used to calculate mass limitations. Specific metal- and
cyanide-bearing wastestreams are identified in Appendix A of 40 CFR Part 414, in addition to
any wastestreams, metal-bearing or cyanide-bearing, identified by the regulatory agency issuing
the permit. Discharges of chromium, copper, lead, nickel, and zinc, in "complexed metal-
bearing wastestreams," listed in Appendix B of 40 CFR Part 414, and non-amenable cyanide as
identified by the permitting authority, are not subject to the OCPSF regulations.
Plastics Molding and Forming
The 40 CFR Part 463 regulations cover any plastics molding and forming process that
discharges or may discharge pollutants to water of the U.S. or to POTWs. Plastics molding and
forming processes include processes that blend, mold, form, or otherwise process plastic
materials into intermediate or final plastic products. Common processes include extrusion,
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-4
-------
molding, coating, laminating, thermoforming, calendering, casting, foaming, cleaning, and
finishing. Resin manufacturers that process crude intermediate plastic material (e.g., pellets) for
shipment offsite are excluded from regulation and are regulated under the OCPSF regulations.
Where these crude materials are further processed onsite into intermediate or final plastic
products in molding or forming operations, the facility is subject to these Plastics Molding and
Forming regulations. Coating of plastic material on a metal substrate may fall under the
definition of electroplating and metal finishing regulations (40 CFR Parts 413 and 433,
respectively), but these processes are covered by the Plastics Molding and Forming regulations.
Similarly, coating of plastic on formed metal substrates are also subject to the Plastics Molding
and Forming regulations. The metal forming operations, however, are still subject to the
applicable forming regulations (e.g., 40 CFR Part 468 Copper Forming). Additional exclusions
and applicability requirements are described in the 40 CFR Part 463 regulations.
The Plastics Molding and Forming regulations limit the discharge from three specific process
operations, namely, contact cooling and heating water, cleaning water, and finishing water.
Facilities that discharge wastewater from any of these three operations to waters of the U.S.
are subject to specific numerical limitations (BOD, TSS, Oil & Grease, and pH) as outlined in
40 CFR Part 463. Plastics molding and forming facilities that discharge wastewater to POTWs
are not subject to specific Federal numerical limitations. Rather, the regulations specify that
these facilities are required to comply with the 40 CFR Part 403 General Pretreatment
Regulations.
The NPDES permit program is implemented
according to 40 CFR Part 122: EPA Administered
Permit Programs: The National Pollutant Dis-
charge Elimination System. These regulations
establish the general program requirements,
permit application requirements, permit conditions,
and procedures for transfer, modification,
revocation, reissuance, and termination of permits.
NPDES Program
NPDES permits, issued by either EPA or
an authorized State (EPA has authorized
41 States and territories, as identified in
industry-specific technology-based (i.e.,
effluent guidelines as discussed in the
previous section) and water quality-
based effluent discharge limitations, as
well as monitoring, recordkeeping, reporting, and other requirements. All facilities discharging
to the Nation's voters must receive an NPDES permit prior to initiating their discharges. This
covers both process and non-process (e.g., non-contact cooling) wastewaters, and storm
water discharges assodated with industrial activity that discharge either to a municipal separate
storm sewer or directly to waters of the United States. To regulate such dischargers,
EPA/States may issue NPDES permits to plastics materials, synthetic resins, and nonvulcanizable
elastomers facilities that include process, non-process, and storm water conditions or these
may be in separate permits.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-5
-------
EPA issues two types of NPDES permits,
individual and general. An individual
The terms process, non-contact cooling water,
... ., , ., , t -K and industrial activity (as it applies to the storm
permit is a permit tailored for a specific , ,, \ A F :*. »n r*™
r r r water regulations) are defined in 40 CFR
401.11(q), 401.11(n), and 122.44(b) respectively.
facility. A general permit regulates a
category of similar dischargers within a
geographical area or within a State.
However, because of the potential hazards assodated with the chemical industry, EPA has
elected to issue individual permits to this sector with the exception that general permits for
storm water discharges may be issued. There are few exemptions to the requirement to
obtain an NPDES permit, as specified in 40 CFR §122.3. For plastics materials, synthetic
resins, and nonvulcanizable elastomers facilities, there are four instances where this exemption
may apply:
> Discharges to POTWs (these discharges will be regulated by a permit issued by
the POTW if the municipality has an approved pretreatment program and are
regulated by the National Pretreatment Program)
> Discharges into privately owned treatment works, except as otherwise required
by EPA
> Discharges of dredged or fill material (regulated by CWA §404)
> Any discharge in compliance with instructions from an on-scene coordinator
pursuant to 40 CFR Part 300 (i.e., The National Oil and Hazardous Substances
Pollution Contingency Plan) or 33 CFR §153.10(e) (i.e., Pollution by Oil and
Hazardous Substances).
[Note: Pollution by Oil and Hazardous Substances is enforced by the Coast
Guard and is not discussed herein.]
EPA or the State may terminate or modify a permit where it is determined that a permitted
activity endangers human health or the environment and can only be regulated to acceptable
levels by a permit modification or termination of the permit. Likewise, the permit may be
terminated or an application denied if the permittee fails to fully disclose all relevant facts or
misrepresents relevant facts at any time. EPA or the State may modify a permit as a minor
modification allowing for a change in ownership or operational control of a fadlity where the
Director determines that no other change in the permit is necessary, provided that a written
agreement containing a specific date for transfer of permit responsibility, coverage, and liability
between the current and new permittee has been submitted to the Director as specified in 40
CFR §122.61.
The evaluation team should be aware that NPDES permits are issued with both an issuance
and expiration date and the permits are issued for a period of up to 5 years. In some instances,
the NPDES permits issued by EPA or the State remain in effect even after their
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-6
-------
Exhibit CWA-2. State NPDES Program Approval Status
State
Alabama
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maryland
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Utah
Vermont
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Wvoming
TOTALS
Approved State NPDES
Permit Program
10/19/79
11/01/86
05/14/73
03/27/75
09/26/73
04/01/74
05/01/95
06/28/74
11/28/74
10/23/77
01/01/75
08/10/78
06/28/74
09/30/83
08/27/96
09/05/74
10/17/73
06/30/74
05/01/74
10/30/74
06/10/74
06/12/74
09/19/75
04/13/82
10/28/75
10/19/75
06/13/75
03/11/74
11/19/96
09/26/73
06/30/78
09/17/84
06/10/75
12/30/93
12/28/77
07/07/87
03/11/74
06/30/76
03/30/75
11/14/73
05/10/82
02/04/74
01/30/75
43
Approved to Regulate
Federal Facilities
10/19/79
11/01/86
05/05/78
—
01/09/89
—
—
12/08/80
06/01/79
09/20/79
12/09/78
08/10/78
08/28/85
09/30/83
08/27/96
11/10/87
12/09/78
12/09/78
01/28/83
06/26/79
06/23/81
11/02/79
08/31/78
04/13/82
06/13/80
09/28/84
01/22/90
01/28/83
11/19/96
03/02/79
06/30/78
09/17/84
09/26/80
12/30/93
09/30/86
07/07/87
—
--
02/09/82
--
05/10/82
11/26/79
05/18/81
37
Approved State
Pretreatment Program
10/19/79
11/01/86
09/22/89
—
06/03/81
—
05/01/95
03/12/81
08/12/83
—
—
06/03/81
—
09/30/83
08/27/96
09/30/85
04/16/85
07/16/79
05/13/82
06/03/81
—
09/07/84
—
04/13/82
—
06/14/82
—
07/27/83
11/19/96
03/12/81
--
09/17/84
04/09/82
12/30/93
08/10/83
07/07/87
03/16/82
--
04/14/89
09/30/86
05/10/82
12/24/80
31
Approved General
Permits Program
06/26/91
11/01/86
09/22/89
03/04/83
03/10/92
10/23/92
05/01/95*
01/28/91
09/30/91
01/04/84
04/02/91
08/12/92
11/24/93
09/30/83
08/27/96
09/30/91
11/29/93
12/15/87
09/27/91
12/12/85
04/29/83
07/20/89
07/27/92
04/13/82
10/15/92
09/06/91
01/22/90
08/17/92
—
02/23/82
08/02/91
09/17/84
09/03/92
12/30/93
04/18/91
07/07/87
08/26/93
--
05/20/91
09/26/89
05/10/82
12/19/86
09/24/91
41
Number of Fully Authorized Programs (Federal Facilities, Pretreatment, General Permits) = 27
* New with phased Federal facilities & storm water programs by 2000.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-7
-------
expiration date, provided that the facility has submitted a timely and complete application
(pursuant to 40 CFR §122.21) and EPA or the State, through no fault of the permittee, does
not issue a new permit with an effective date on or before the expiration date of the previous
permit.
Pursuant to 40 CFR §122.21, new
dischargers are required to apply at least
180 days before commendng discharge
while existing permittees are required to
reapply at least 180 days prior to the
expiration date of the existing permit,
unless a later date has been granted by
the Director. In no case may an
application be submitted after the
expiration date of an existing permit. ^^^^^^^^^^"^^^^^^^^^^
EPA has specific application forms that
are to be used for NPDES permits. Application forms that apply to a plastics materials,
synthetic resins, and nonvulcanizable resins facility include:
Specific permit applicability requirements for storm
water discharges are identified in 40 CFR
§122.26(a). Facilities requesting to be covered
under the storm water general permitting program
are required to submit a Notice of Intent (NOI) to
be covered under the general permit consistent
with 40 CFR §122.28.
Form Tide
1 General Information
2C Existing manufacturers
2D New manufacturers
2E Manufacturers that only discharge non-process
wastewater
2F Storm water discharges assodated with industrial
activity and consistent with the requirements of
122.26(c)
Regulation Cite
122.21(1)
122.21(g)
122.21(k)
122.21(h)
122.26(d)
While specific permit conditions might vary from permit to permit, all NPDES permits must
contain the conditions specified in 40 CFR §122.41. In general, these include requirements
for:
Reapplication
Operation and maintenance
Effluent limitations
Monitoring and
recordkeeping
Reporting
Bypass restrictions
Upset provisions
Other standard conditions.
All plastics,resins, and elastomers manufacturing
facilities are also required to notify the permitting
authority as soon as they know or have reason to
believe that any activity has occurred or will occur
which would result in the discharge, on a routine,
non-routine, frequent, or infrequent basis, of any
toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of specified
notification levels as identified in 40 CFR
§122.42(a).
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-8
-------
For facilities considered by this guidance (SIC code 2821), both maximum daily and average
monthly discharge permit limitations are set for each outfall based on the Part 414 guidelines
(i.e., technology-based limitations), water quality considerations, and the permit writer's best
professional judgment. When it is impractical to impose permit limitations at the point of
discharge, effluent limitations may be imposed on internal wastestreams before mixing with
other wastestreams. In these instances, monitoring requirements also apply to these internal
streams.
Additionally, environmental laws (as identified in 40 CFR §122.49) may apply to the issuance of
NPDES permits. Specific laws that may apply include:
* Wild and Scenic Rivers Act
* National Historic Preservation Act of 1966
> Endangered Spedes Act
* Coastal Zone Management Act
* Fish and Wildlife Coordination Act
* National Environmental Policy Act.
It is the facility's responsibility to work with the EPA or State NPDES permit writers to ensure
that these statutes are adequately addressed during the permitting process. The evaluation of
applicability for each of these statutes will occur as part of permit development.
Pretreatment Program
The goals of the pretreatment program are to: (1) prevent damage to munidpal wastewater
treatment plants that may occur when hazardous, toxic or other wastes are discharged into a
sewer system (i.e., interference); (2) prevent pollutants from passing through the treatment
plant untreated and violating discharge limitations or causing exceedances of water quality
standards; and (3) encourage the reuse and recycling of municipal and industrial sludges (i.e.,
protect the quality of sludge generated by these plants). Nationwide, approximately 1,500
POTWs have been required to develop and implement local munidpal pretreatment
programs. The requirement to develop and implement a program is included in the POTWs
NPDES permit. Through this program, the POTW is directly responsible for regulation of
certain significant industrial users discharging to the POTW wastewater treatment system,
including facilities regulated by categorical pretreatment standards. EPA's General Pretreatment
Regulations for Existing and New Sources of Pollution (40 CFR Part 403) establish
requirements for POTW programs to regulate discharges from industrial facilities to POTWs
and establishes certain requirements for industrial users (e.g., monitoring and recordkeeping).
In most instances, plastics materials, synthetic resins, and nonvulcanizable resins facilities
discharge to POTWs that are authorized to implement and enforce the pretreatment
requirements through an approved pretreatment program. Where this occurs, the fadlity is
required to abide by the terms of a POTW-issued control mechanism (e.g., permit) and the
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-9
-------
local sewer use ordinance (SUO). It is the POTW's responsibility to appropriately implement
and enforce these requirements and its pretreatment program, that must be at least as stringent
as the Federal pretreatment requirements specified in 40 CFR Part 403, on its industrial users.
However, even if a POTW fails to properly apply Federal or State regulations, the plastics
materials, synthetic resins, and nonvulcanizable resins facility has an independent obligation to
comply with applicable Federal and State requirements.
Some plastics materials, synthetic resins, and nonvulcanizable resins facilities are located in
municipalities that do not have locally-run pretreatment programs. In these areas, permits are
generally not issued by EPA or the State, rather these facilities are obligated to comply with
Federal and/or State pretreatment requirements as identified in the regulations. Both the
general pretreatment regulations (40 CFR Part 403) and any applicable categorical
pretreatment standards apply to the facility. Currently, EPA has delegated pretreatment
program authority to 29 States (as identified in Exhibit CWA-2), in which the State directly controls
those industries that discharge to municipalities without locally-run pretreatment programs. In
all remaining States, unless the POTW is authorized to implement and enforce its own
pretreatment program, EPA implements and enforces the program.
The 40 CFR Part 403 pretreatment regulations specify, among other things, requirements for
non-domestic sources discharging pollutants into POTWs. The regulations set out three
different types of effluent limitations for industrial discharges: prohibited discharge standards,
categorical pretreatment standards, and local discharge limitations.
Prohibited discharge standards forbid certain types of discharges to the POTW, including
POTWs without approved pretreatment programs. These standards include both general and
specific prohibitions. The general prohibitions are national prohibitions against pollutants
discharged to a POTW that cause pass through or interference, as defined in §403.3. Specific
prohibitions, at 40 CFR §403.5(b), are national prohibitions against pollutants that cause
problems at the POTW, such as fire or explosion, harm to worker health and safety, corrosion,
obstruction of flow, excessive heat, trucked or hauled waste or excessive mineral or synthetic
oil and grease.
As noted earlier, effluent guidelines and categorical pretreatment standards apply to specific
process water wastestreams from specific industrial processes. The standards are technology-
based and apply at the end of the regulated industrial process. Although a number of
regulations might apply to a fadlity manufacturing chemicals, the chemicals industry that does
not produce pesticide active ingredients, pharmaceutical products, or conduct petroleum
refining will generally be regulated by the OCPSF standards at 40 CFR Part 414. Where the
facility performs molding and forming operations onsite, the Plastics Molding and Forming
standards at 40 CFR Part 463 may also apply.
Since National prohibited discharge standards and categorical standards are not POTW-specific,
these limitations may not necessarily protect a POTW from pass through or interference. As
such, all POTWs authorized to implement and enforce a local pretreatment program, and
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-10
-------
many other POTWs that have received problematic discharges from their industrial users, are
required to develop local discharge limitations to address site-specific concerns regarding
interference with the POTW wastewater collection system or treatment plant or pass through
of pollutants to the receiving stream or sludge. In addition, local limits translate prohibited
discharge standards into numerical limitations that can be more readily evaluated.
The General Pretreatment Regulations (40 CFR Part 403) also specify reporting requirements
applicable to industrial dischargers. POTWs may set more stringent requirements in their local
sewer use ordinance or in a wastewater discharge permit issued to the chemical facility, but at a
minimum, chemical facilities must submit semiannual monitoring reports (403.12(e)), notices of
potential problems, including slug loads (403.12 (0), notification of effluent violations
(403.12(^(2)), notification of changed discharge (403.12(j)); must keep records as required
(403.12(o)), and must notify of hazardous waste discharges (403.12(p)). The regulations also
include upset and bypass provisions, in §403.16 and §403.17, respectively, that apply to
industrial dischargers.
Policy on Effluent Trading in Watersheds
The evaluation team should be aware of EPA's draft Framework for Watershed-Based Effluent
Trading (May 1996). The fundamental principle of trading within the Clean Water Act
framework is that water quality standards must be met and technology-based requirements
must remain in place.
Trading is a method to attain and/or maintain water quality standards, by allowing sources of
pollution to achieve pollutant reductions through substituting a cost-effective and enforceable
mix of controls on other sources of discharge. Effluent trading potentially offers a number of
economic, environmental, and social benefits. Proposed types of effluent trading approaches
are (1) intra-plant, (2) pretreatment, (3) point/point source, (4) point/nonpoint source, and (5)
nonpoint/nonpoint source.
Watershed-based trading will be implemented on a voluntary basis under existing CWA
authorities. There will be a substantial public outreach effort to obtain stakeholders' (e.g.,
regulated sources, non-regulated sources, regulatory agencies, and the public)
recommendations and insights on draft portions of the trading policy prior to implementation.
Facilities interested in this trading policy should initiate dialogue with their local permitting
authority.
Spills of Oil and Hazardous Substances
The regulations at 40 CFR Part 110 apply to the discharge of oil, which is prohibited by Section
311 (b)(3) of the CWA. For purposes of this regulation, "discharge" is defined as any spilling,
leaking, pumping, pouring, emitting, emptying, or dumping. Prohibited discharges include
those into or upon the navigable waters of the United States, adjoining shorelines, or the
contiguous zone in such quantities that may be harmful to the public health or welfare of the
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-11
-------
United States, that violate applicable water quality standards, cause a film or sheen upon or
discoloration of the surface of the water or adjoining shorelines, or cause a sludge or emulsion
to be deposited beneath the surface of the water or upon adjoining shorelines. Addition of
dispersants or emulsifiers to oil to be discharged that would circumvent these provisions is
prohibited. The National Response Center as described in 40 CFR §110.10 must be
immediately notified of any discharge in violation of these restrictions.
Oil Pollution Prevention
The regulations at 40 CFR Part 112 establish procedures, methods and equipment, and other
requirements for equipment to prevent the discharge of oil into or upon the navigable waters
of the United States or adjoining shorelines (i.e., preparation and implementation of Spill
Prevention Control and Countermeasure (SPCC) Plans). This part applies to owners or
operators of onshore facilities engaged in drilling, producing, gathering, storing, processing,
refining, transferring, distributing, or consuming oil and oil products which could reasonably be
expected to discharge oil in harmful quantities, as defined in 40 CFR Part 110. Guidelines for
the preparation and implementation of a SPCC Plan are summarized in 40 CFR §112.7, while
specific requirements for these Plans are outlined in 40 CFR §112.3.
This Part does not apply to facilities that both (1) have an underground buried storage capacity
for oil of 42,000 gallons of oil or less and (2) the storage capacity for oil, which is not buried, is
1,320 gallons or less, provided that no single container has a capacity in excess of 660 gallons.
Reportable Quantities for Hazardous Substances
Parts 116 and 117 of the Federal Water Pollution Control Act (40 CFR Parts 116 and 117)
designate hazardous substances and the reportable quantity (RQ) of hazardous substances,
respectively. When an amount equal to or in excess of the RQ is discharged into or upon the
navigable waters of the United States, adjoining shorelines, or into or upon the contiguous
zone, the facility must provide notice to the Federal government of the discharge, following
Department of Transportation requirements set forth in 33 CFR §153.203. For purposes of
this regulation, "discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or
dumping. This requirement does not apply to facilities that discharge the substance under an
NPDES permit or a Part 404 Wetlands (dredge and fill) permit, or to a POTW, as long as any
applicable effluent limitations or pretreatment standards have been met. RQs for specific
chemicals are listed in 40 CFR §117.3.
CWA Assessment Considerations
To evaluate compliance with effluent limitations and effluent monitoring, the assessor should
verify that the facility's operations are properly regulated by the permit and that monitoring
results are representative of the facility's operations. Chemical production may be either a
batch or continuous operation. For batch processes, the amount and frequency of wastewater
generated is potentially much higher than for continuous processes. Also, the investigator
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-12
-------
should verify that facility operations have not changed such that wastewater characteristics
changed significantly, but if so, that proper notification was given to the permitting authority.
One of the fundamental components of the effluent limitations guidelines and categorical
standards for facilities regulated by OCPSF regulation (40 CFR Part 414), is that calculated limits
(as calculated from concentration standards and process flows) are based on process flows.
Final permit limitations are based on the sum of the mass effluent limitations from process
wastewaters plus any mass allowances, determined by the permit writer using best professional
judgment, to account for nonprocess wastewater pollutant contributions. The assessor needs
to understand the basis of the facility's permit limits and the data needed to evaluate compliance
(e.g., flow concentration data, standards, regulated flows). Based on permit information and
the process flow diagram, investigators should verify that the reported process and non-
process flows are accurate and that the facility's limits (based on flows) are representative of the
facility's process. Often, a facility will commingle boiler blowdown, cooling tower blowdown,
and water treatment regeneration chemicals (i.e., caustics and acids) with process wastewater
and identify this combined flow as process wastewater. In most cases, individual wastewater
contributions are estimated based on the facility's total plant flow or based upon visual
estimates. The assessor should verify that these flows are reasonable. (A simple bucket and
stopwatch method may be to estimate the accuracy of the reported flow values.) It is a
common mistake for a facility to drastically over- or under-estimate flows when preparing
permit applications simply because estimating flows based on visual observation is very difficult.
Of note, process wastewater flows from chemical facilities may be highly variable. As such,
wastewater flows may be fairly significantly different during the assessment than the flows used
to calculate permit limits.
The assessor should be aware that in States that have high volume storm events (e.g., Texas),
permit limitations may be based on a process flow that takes into account storm water flows
from process areas during these storm events. As such, permit limitations may be based on
flows that are much greater than normal dry weather flows.
The process wastewater flow used to develop mass limitations should be based upon the
facility's flow using sound water conservation practices, as applicable. For example, process
water use should be minimized, cascading or countercurrent washes or rinses should be used
where possible, and intermediate process waters or treated wastewaters should be reused or
recycled (e.g., from pump seals and equipment washdowns).
Barometric condensers can generate excessive large volumes of water contaminated at low
levels. Replacement of these with surface condensers can reduce wastewater volumes
significantly and result in collection of condensates that may be returned to the process.
The assessor team should pay particular attention to treatment system performance at a
chemical facility. Where treatment systems are installed, the investigator needs to verify that
proper O&M practices are in place to ensure consistent treatment plant performance. O&M
should include documentation of all activities performed (e.g., calibrations, inspections, repairs,
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-13
-------
chemical additions, etc.). Evaluation of trends in monitoring results can indicate improper
O&M. For example, steam strippers can lose efficiency due to fouling of the packing material if
the equipment is not cleaned at the proper frequency. The investigator should verify that
backup systems or procedures exist for the periods when system O&M is being conducted.
Also, the investigator should verify that the facility has adequate staff to operate and maintain the
treatment system. In many instances, this may require full-time, around the clock staffing.
Because of the vast array of process equipment and piping, it is important that the facility's
operation and maintenance (O&M) program include regular facility assessments for leaks, spills,
and stressed equipment and a documented procedure for conducting these assessments. In
addition, areas that have a high potential for spills or leaks (e.g., pipes, pumps, fittings, etc.)
should have spill containment installed to prevent major releases to the environment, to the
facility's onsite treatment system, or to the POTW.
Finally, when evaluating compliance with effluent limitations, the investigator should verify that
the monitoring results are representative of facility operations and consistent with 40 CFR Part
136 procedures. [Note that "EPA approved methods" does not indicate that proper
procedures were followed. EPA has approved methods for drinking water, wastewater, and
solid waste which can all be used to analyze pollutant concentrations in wastewater, but only
Part 136 regulations apply to CWA regulations.] Because of the variations in production at
many chemical facilities, a wastewater sample collected on a given day may not be a fair
estimate of typical facility operations. Also, wastewater from chemical manufacturers can be
highly complex, causing matrix interferences that can hinder laboratory analysis at the regulatory
limitations. Assessor should verify that analytical results reported as "Not Detected" have been
analyzed down to the requisite quantification level. In June 1993, EPA published a guidance
manual on laboratory protocol to improve analytical performance due to matrix interference
and other complications. The manual is called Guidance on Evaluation, Resolution, and
Documentation of Analytical Problems Associated with Compliance Monitoring.
When evaluating compliance with the oil and hazardous substance regulations, the investigator
should inquire about past instances of spills (or leaks, pumping, etc.) and should identify how
the facility reacted to each circumstance. Specifically, the assessors should note: what material
was spilled; where did the discharge go, what quantity was spilled; what was the reportable
quantity; what was the facility's response for containment, clean-up, and notification; any related
health and safety issues for the plant, the community, or the environment, and what are the
facility's plans to prevent a recurrence of the situation. The assessor should also review the
SPCC Plan and any other spill or slug control plan onsite applicable to the fadlity. As part of the
pretreatment program, the fadlity may be required to implement a spill and slug control plan
concurrent with the SPCC plan and reportable quantities regulation.
CWA Regulatory Requirements
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-14
-------
The following section provides a summary of the prindpal regulations developed pursuant to
the CWA that are applicable to the plastics materials, synthetic resins, and nonvulcanized
elastomers industry. The regulations included are:
* 40 CFR Part 414 - Organic Chemicals, Plastics, and Synthetic Fibers
> 40 CFR Part 463 - Plastics Molding and Forming
> 40 CFR Part 110 - Discharge of Oil
> 40 CFR Part 112 - Oil Pollution Prevention
* 40 CFR Part 116 - Designation of Hazardous Substances
* 40 CFR Part 117 - Determination of Reportable Quantities for Hazardous
Substances
The regulatory summaries for applicable effluent guidelines are provided for direct discharges
(i.e., facilities that discharge directly to waters of the U.S. and are regulated by an NPDES
permit) and those that discharge indirectly (i.e., discharge to a Publicly Owned Treatment
Works (POTW) which in turn discharges to waters in the U.S.)
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-15
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-16
-------
40 CFR Part 414
Organic Chemicals, Plastics, and Synthetic
Fibers as administered through 40 CFR Part
122: EPA Administered Permit Programs, The
National Pollutant Discharge Elimination
System
Applicability:
Discharges from the
manufacture of plastics materials,
synthetic resins, and
nonvulcanizable elastomers
under SIC codes 2821 (Plastic
Materials, Synthetic Resins, and
Nonvulcanizable Elastomers),
2823 (Cellulosic Man-Made Fibers), 2824 (Synthetic Organic Fibers, Except Cellulosic), 2865
(Cyclic Crudes and Intermediates, Dyes and Organic Pigments), and 2869 (Industrial Organic
Chemicals, Not Elsewhere Classfied).
Exemptions:
• Discharge from the manufacture of OCPSF products if the products are included in the
following SIC subgroups and in the past have been reported as such:
- SIC 2843085 - bulk surface active agents
- SIC 28914 - synthetic resin and rubber resin
- Chemicals and chemical preparations not elsewhere classified
> 2899568 - sizes, all types
> 2899597 - other industrial chemical specialties, including flaxes, plastic wood
preparations, and embalming fluids
- SIC 2911058 - aromatic hydrocarbons manufactured from purchased refinery products
- SIC 2911632 - aliphatic hydrocarbons manufactured from purchased refinery products
• Discharge for which a different set of previously promulgated effluent limitations guidelines
and standards apply, unless the facility reports OCPSF products under SIC codes 2865,
2869, or 2821, and the facility's OCPSF waste waters are treated in a separate treatment
system or discharged separately to a publicly owned treatment works
Process wastewater discharges from the manufacture of organic chemical compounds solely
by extraction from plant and animal raw materials or by fermentation processes
Discharges of chromium, copper, lead, nickel, and zinc in "complexed metal-bearing waste
streams," listed in Appendix B of 40 CFR 414
£0
CO
Q
Q
t:
n3
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-17
-------
Applicable Subparts:
Subpart B: Rayon Fibers - manufactured by the viscose process only [414.20]
Subpart C: Other Fibers - manufactured under SIC codes 2823 (except rayon) and 2824
[414.30]
Subpart D: Thermoplastic Resins - manufactured under SIC 28213 [414.40]
Subpart E: Thermosetting Resins - manufactured under SIC code 28214 [414.50]
Subpart F: Commodity Organic Chemicals - manufacture of chemicals listed in 414.60
under SIC codes 2865 and 2869
Subpart G: Bulk Organic Chemicals - manufacture of chemicals listed in 414.70 under SIC
codes 2865 and 2869
Subpart H: Specialty Organic Chemicals - manufactured under SIC codes 2865 and 2869,
not defined as commodity or bulk organic chemicals in 414.60 or 414.70
[414.80]
Subpart I: Direct Discharge point Sources that use End-of-Pipe Biological Treatment
[414.90]
Subpart J: Direct Discharge Point Sources that Do Not Use End-of-Pipe Biological
Treatment [414.100]
40 CFR PART 414 - DIRECT DISCHARGES
REQUIREMENTS
COMPLIANCE DATES
Discharge Limitations:
• Effluent limitations contained in 40 CFR Part 414
including:
- Applicable BPT, BAT, or NSPS discharge limitations
(depending on subpart) for BOD, TSS, and pH
- Limitations in 414.91 for other pollutants for facilities
that use end-of-pipe biological treatment
- Limitations in 414.101 for other pollutants for facilities
that do not use end-of-pipe biological treatment
Existing Sources: 11/5/90, as
required by permit.
New Sources: Date source begins
operation, as required by permit.
Compliance with specific permit
limitations upon effective date of the
permit.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-18
-------
40 CFR PART 414 - DIRECT DISCHARGES
REQUIREMENTS
COMPLIANCE DATES
- Limitations in 414.91 and 414.101 are applied on a
mass basis (determined by multiplying regulated
process wastewater flow times the concentration
limits in 414.91 and 414.101)
• Any other effluent limitation contained in the NPDES
permit
Monitoring and Reporting Requirements:
Note: All direct dischargers are required to obtain an
NPDES permit. The NPDES permit outlines the dischargers
specific monitoring and reporting requirements.
• Permit Applications - containing the information required
under 122.21(0, (g), and (k) (application requirements for
new sources and new discharges)
Planned Changes - notification to the Director as soon as
possible of any planned physical alteration or addition that
meets the criteria in 122.41(1)(1)
Anticipated Noncompliance - advance notification to the
Director of any planned changes that may result in permit
noncompliance
Monitoring Reports - monitoring results must be
submitted as required by the NPDES permit (at least
annually). All monitoring must be conducted using 40
CFR Part 136 methods.
Compliance Schedules - reports of compliance or
noncompliance with compliance schedule requirements
24-Hour Reporting - of any noncompliance that may
endanger health or the environment, including the
information listed in 122.41(1)(6)
Anticipated and Unanticipated Bypass - notification as
required under 122.41(m)
Discharge of Toxic Pollutants - notification to the Director
of activity that results in the discharge of toxic pollutants
not limited in the permit, if it exceeds the levels outlined
in 122.42(a)(l)
Storm Water Permit Applications - submission of either
individual permit application or general permit applications
Permit applications are to be
submitted 180 days prior to the
commencement of discharge.
Applications for permit renewal are
required to be submitted 180 days
before the existing permit expires.
As soon as possible, when
applicable
In advance of changes, when
needed
At least annually or more frequently
as required by permit
Within 14 days of each compliance
schedule date
Within 24 hours
At least 10 days prior to anticipated
bypass. Within 24 hours of
unanticipated bypass
As soon as facility knows or has
reason to believe that levels will be
exceeded
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-19
-------
40 CFR PART 414 - DIRECT DISCHARGES
REQUIREMENTS
COMPLIANCE DATES
Individual permit applications must include the
information in 122.26(c)(l)
Facilities to be covered under a general permit must
file a Notice of Intent (NOI)
• Other Storm Water Reports - submission of other
reports as required under a facility's storm water
discharge permit. These reports may include pollution
prevention plans and monitoring reports.
Record Keeping Requirements:
• Records of monitoring information as required under
122.41(j) must be kept for at least three years.
Individual permit applications for
existing facilities were due October
1,1992. New facilities must submit
an application 180 days prior to
commencement of industrial activity
NOIs from existing facilities were
due on October 1,1992. NOIs
from new facilities are due 2 days
prior to the commencement of
industrial activities.
Due dates as required by permits
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-20
-------
40 CFR Part 414
Organic Chemicals, Plastics, and Synthetic
Fibers as administered through 40 CFR Part
403: General Pretreatment Regulations for
Existing and New Sources of Pollution
Applicability:
Discharges from the
manufacture of products under
SIC codes 2821 (Plastic
Materials, Synthetic Resins, and
Nonvulcanizable Elastomers),
2823 (Cellulosic Man-Made
Fibers), 2824 (Synthetic Organic Fibers, Except Cellulosic), 2865 (Cyclic Crudes and
Intermediates, Dyes and Organic Pigments), and 2869 (Industrial Organic Chemicals, Not
Elsewhere Classfied).
Exemptions:
• Discharge from the manufacture of OCPSF products if the products are included in the
following SIC subgroups and in the past have been reported as such:
- SIC 2843085 - bulk surface active agents
- SIC 28914 - synthetic resin and rubber resin
- Chemicals and chemical preparations not elsewhere classified
> 2899568 - sizes, all types
> 2899597 - other industrial chemical specialties, including flaxes, plastic wood
preparations, and embalming fluids
- SIC 2911058 - aromatic hydrocarbons manufactured from purchased refinery products
- SIC 2911632 - aliphatic hydrocarbons manufactured from purchased refinery products
• Discharge for which a different set of previously promulgated effluent limitations guidelines
and standards apply, unless the facility reports OCPSF products under SIC codes 2865,
2869, or 2821, and the facility's OCPSF waste waters are treated in a separate treatment
system or discharged separately to a publicly owned treatment works
• Process wastewater discharges from the manufacture of organic chemical compounds solely
by extraction from plant and animal raw materials or by fermentation processes
• Discharges of chromium, copper, lead, nickel, and zinc in "complexed metal-bearing waste
streams," listed in Appendix B of 40 CFR 414
Applicable Subparts:
Subpart B-H: As identified for direct discharges
Subpart K: Indirect Discharge Point Sources [414.110]
-------
40 CFR PART 414 - INDIRECT DISCHARGES
REQUIREMENTS
COMPLIANCE DATES
Discharge limitations:
• Limitations contained in 414.111:
- Are applied on a mass basis (determined by multiplying
regulated process wastewater flow times the
concentration limits in 414.111)
- Mass limits for lead, zinc, and total cyanide are
determined by multiplying the concentration limits in
414.111 times the flow from metal-bearing waste
streams for metals and cyanide-bearing waste streams
for total cyanide. Appendix A of Part 414 defines
metal and cyanide-bearing waste streams.
• Prohibited discharge standards (general and specific) in 40
CFR 403.5
• Applicable local limits
Monitoring and Reporting Requirements:
Note: Reports must be submitted whether or not the facility
has been issued a permit.
• Baseline Monitoring Reports (BMR) - containing the
information required under 40 CFR 403.12(b).
Compliance Schedule Progress Reports - containing the
information required under 40 CFR 403.12(c)(3)
90-Day Compliance Report - containing the information
required under 40 CFR 403.12(d)
Periodic Reports on Continued Compliance - containing
the information in 403.12(e) (including monitoring data
for all categorically regulated pollutants) All monitoring
must be conducted using 40 CFR Part 136 methods.
Notice of Potential Problems Including Slug Loadings
PSES: 11/5/90, as required by
permit
PSNS: Date new source begins
operation, as required by
permit
BMRs from existing sources were
due by June 20,1988. BMRs from
new sources are due 90 days prior
to commencement of discharge.
Due within 14 days of completing
compliance schedule milestone or
due date
Due within 90 days following date
for final compliance (11/5/90) or for
new sources, following the
commencement of introduction of
wastewater to the POTW
Must be submitted at least
semiannually
Due to the Control Authority
immediately upon identification of
discharges that could cause
problems to the POTW
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-22
-------
40 CFR PART 414 - INDIRECT DISCHARGES
REQUIREMENTS
COMPLIANCE DATES
• Notice of Changed Discharge - advanced notification of
any substantial change in the volume or character of
pollutants in the discharge (including hazardous wastes)
• Notice of Violations and Resampling - notification due to
the Control Authority within 24 hours of noting a
violation; results of resampling must be submitted within
30 days
• Notification of Hazardous Waste Discharge - notification
to the POTW, EPA, and the State of the hazardous
wastes discharged to the POTW
Record Keeping Requirements:
• Monitoring records including the information listed in
403.12(o) must be maintained for at least 3 years
Prompt notification in advance of
any substantial change
Notice within 24 hours, results of
resampling within 30 days
One time notification, unless
changes to discharge
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-23
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-24
-------
40 CFK Part 463
Plastics Molding and Forming as Administered
Through 40 CFR Part 122: EPA Administered
Permits Program, The National Pollutant
Discharge Elimination System
Applicability:
Any plastic molding and forming
process, including processes that
blend, mold, form, or otherwise
process plastic materials into
intermediate or final plastic
products. Research and
development laboratories that
produce plastic products using a plastics molding and forming process are subject to this part.
In addition, coating of plastic onto a formed metal substrate is also covered by this part.
Exemptions:
• Plastics molding and forming processes used by plastics resins manufacturers to process
crude intermediate plastic material for shipment off-site.
• Chemical and thermal reticulation processes for polyurethane foam.
• Processes used to regenerate cellulose and to produce a product from the regenerated
cellulose.
Applicable Subparts:
Subpart A: Contact Cooling and Heating Water
Subpart B: Cleaning Water
Subpart C: Finishing Water
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-25
-------
40 CFR PART 463 - DIRECT DISCHARGES
REQUIREMENTS
COMPLIANCE DATES
Discharge Limitations:
• Effluent limitations contained in 40 CFR Part
463 including:
- Applicable BCT, BPT, BAT, and NSPS
limits for BOD, TSS, O&G, and pH
(Subparts A and B)
- Applicable BCT, BPT, BAT, and NSPS
limits for TSS and pH (Subpart C)
Compliance with specific permit limitations
upon effective date of permit.
Monitoring and Reporting Requirements:
Note: All direct dischargers are required to
obtain an NPDES permit. The NPDES permit
outlines the dischargers specific monitoring and
reporting requirements.
• Permit Applications - containing the
information required under 122.21(0, (g),
and (k) (application requirements for new
sources and new discharges)
Planned Changes - notification to the
Director as soon as possible of any planned
physical alteration or addition that meets the
criteria in 122.41(1)(1)
Anticipated Noncompliance - advance
notification to the Director of any planned
changes that may result in permit
noncompliance
Monitoring Reports - monitoring results
must be submitted as required by the
NPDES permit (at least annually). All
monitoring must be conducted using 40 CFR
Part 136 methods.
Compliance Schedules - reports of
compliance or noncompliance with
compliance schedule requirements.
Permit applications are to be submitted 180
days prior to the commencement of discharge.
Applications for permit renewal are required to
be submitted 180 days before the existing
permit expires.
As soon as possible, when applicable.
In advance of changes, when needed.
At least annually or more frequently by permit.
Within 14 days of each compliance schedule
date.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-26
-------
40 CFR PART 463 - DIRECT DISCHARGES
REQUIREMENTS
24-Hour Reporting - of any noncompliance
that may endanger health or the
environment, including the information listed
in 122.41(1)(6)
Anticipated and Unanticipated Bypass -
notification as required under 122.41(m)
Discharge of Toxic Pollutants - notification to
the Director of activity that results in the
discharge of toxic pollutants not limited in
the permit, if it exceeds the levels outlined in
122.42(a)(l)
COMPLIANCE DATES
Within 24 hours
At least 10 days prior to anticipated bypass.
Within 24 hours of unanticipated bypass.
As soon as facility knows or has reason to
believe that levels will be exceeded.
Record Keeping Requirements:
• Records of monitoring information as
required under 122.41(j) must be kept for at
least three years.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-27
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-28
-------
Applicability:
Any plastic molding and
forming process, including
processes that blend, mold,
form, or otherwise process
plastic materials into
intermediate or final plastic
products. Research and development laboratories that produce plastic products using a plastics
molding and forming process are subject to this part. In addition, coating of plastic onto a
formed metal substrate is also covered by this part.
40 CFR Part 463
Plastics Molding and Forming as Administered
Through 40 CFR Part 403: General Pretreatment
Regulations for Existing and New Sources
40 CFR PART 463
REQUIREMENTS
COMPLIANCE DATES
Discharge limitations
- Prohibited discharge standards (general
and specific) in 40 CFR 403.5
- Applicable local limits
Monitoring and Reporting Requirements
- Periodic Compliance Reports
- Notice of Potential Problems Including
Slug Loads
- Notice of Changed Discharge - Advanced
notification of substantial change in the
volume or character of pollutants in the
discharge (including hazardous waste)
- Notification of Hazardous Waste
Discharge - notification to the POTW,
EPA, and the State of the hazardous
wastes discharged to the POTW
Recordkeeping Requirements
- Monitoring records including the
information listed in 403.12(o) must be
maintained for at least 3 years.
As required by permit
As required by permit.
Due to the Control Authority immediately upon
identification of discharges that could cause
problems to the POTW
Prompt notification in advance of any substantial
change.
One time notification, unless changes to the
discharge.
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-29
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-30
-------
40 CFK Part I 10
Discharge of Oil
Applicability:
Prohibited discharges include
certain discharges to U.S.
Navigable water, adjoining
shorelines, or to waters of the contiguous zone, occurring in connection with activities under
the Outer Continental Shelf Lands Act of the Deepwater Port Act, or those that may affect U.S.
natural resources.
May be applicable to plastics materials, synthetic resins, and nonvulcanizable elastomers facilities
using oil and that are either located by a municipal storm sewer that discharges to waters or
near streams or bodies of water.
40 CFR PART 110
REQUIREMENTS
COMPLIANCE DATES
Discharge of oil is prohibited that:
- Violates applicable water quality
standards, or
- Causes a film or sheen upon or
discoloration of the surface of the water
or adjoining shorelines or causes a sludge
or emulsion to be deposited beneath the
surface of the water or upon the
adjoining shorelines
Notification must be provided immediately
to the National Response Center at (800)
424-8802 or (202) 426-2675 in the
Washington, DC, metropolitan area of any
discharge of oil in violation of the prohibition
O
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-31
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-32
-------
40 CFK Part I 12
Oil Pollution Prevention
Applicability:
Non-transportation related
onshore and off-shore facilities
engaged in drilling, producing,
gathering, storing, processing, refining, transferring, distributing, or consuming oil and oil
products that could reasonably discharge oil in harmful quantities, as defined in Part 110
Exemptions
• Facilities with underground buried oil storage capadty of < 42,000 gallons; and
• Storage capacity that is not buried < 1,320 gallons, with no single container capadty > 660
gallons
40 CFR PART 112
REQUIREMENTS
COMPLIANCE DATES
Reporting Requirements:
Prepare and implement Spill Prevention Control
and Countermeasure plans meeting the
requirements of 112.3 and 112.7
• Submit report as described in 112.4 when
discharged oil > 1,000 gallons in single spill
event or discharged oil in harmful quantities
in two spill events
• Review, evaluate, and update plan as
required under 112.5
• Submit facility response plan as described in
112.20 and develop and implement facility
response training and drill exercise as
described in 112.21
Existing sources: Plans in effect
New sources: Prepare plan within 6 months of
beginning operation and fully implement in no
later than 1 year
Within 60 days of becoming subject to
reporting requirements
Review plan once every 3 years, amend plan
within 6 months, if needed
Existing sources: as described in 112.20
New source: prior to start of operations
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-33
Q_
b
O
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-34
-------
40 CFR Part I I 6 and I 17
Designation of Hazardous Substance and 40
CFR Part 117 Determination of Reportable
Quantities for Hazardous Substances
Applicability:
40 CFR Part 117 does not apply
to facilities that discharge the
substance under an NPDES
permit or to a POTW, as long
as any applicable effluent limit or
pretreatment standard is met.
Requirements:
40 CFR 116.4 designates hazardous substances and 40 CFR 117.3 establishes the Reportable
Quantity (RQ) for each substance listed in Part 116. When an amount equal to or in excess of
the RQ is discharged, the facility must provide notice to the Federal government following
DOT requirements in 33 CFR 153.203.
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-35
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing CWA-36
-------
Toxic Substances Control Act (TSCA)
The Toxic Substances Control Act (TSCA) authorizes EPA to test chemicals prior to and after
introduction into commerce based on their potential human health and environmental effects
and to regulate these chemicals at any point during the chemicals' life cycles as necessary to
minimize risks to human health and the environment. TSCA authorizes EPA to regulate the
manufacturing, processing, distribution in commerce, use, and disposal of chemical substances
and mixtures. The term "chemical substance" is broadly defined under TSCA to include
organic and inorganic chemicals of a particular molecular identity, including combinations of
such, with several exclusions. Most important, mixtures, as defined in the TSCA regulations,
are not considered chemical substances. As such, formulation of products from the mixing of
chemical substances, where no chemical reaction occurs, is not considered to be a new
chemical substance. Even so, mixtures of chemical substances may still be subject to many
parts of the TSCA regulations.
While TSCA is composed of four Titles, the information in this guidance is only described for
the control and regulation of chemical substances and mixtures (i.e., Title I). The major
requirements that have the potential to impact plastics materials, synthetic resins, and
nonvulcanizable elastomers facilities are summarized below. The detailed regulatory
requirements are provided later in this section.
Testing - §4
Section 4 provides EPA the authority to require that testing be conducted by manufacturers,
importers, or processors of a chemical substance or mixture. The purpose of such testing is to
allow EPA to determine if manufacturing, distribution, processing, use or disposal of the
chemical substance or mixture
presents an unreasonable risk to
health or the environment.
Another objective of TSCA §4 is
that facilities comply with Good
Laboratory Practice (GLP)
standards which represent the
quality control aspects of a TSCA
§4 test rule. In general, 40 CFR
Parts 790-799 regulations provide
the "guidelines" on how tests are
to be performed and results and
procedures documented, and
develops standards for all
Toxic Substances Control Act (TSCA)
Testing - §4 TSCA-1
Premanufacture Notice Requirements - §5 TSCA-2
Significant New Uses of Chemical Substances - §5(a)(2) TSCA-3
Hazardous Chemical Substances and Mixtures - §6 ... TSCA-4 |
Record Keeping and Reporting Requirements - §8(a) . TSCA-5
Significant Adverse Reactions - §8(c) TSCA-5 I
Health and Safety Data Reporting - §8(d) TSCA-6
Notification of Substantial Risks - §8(e) TSCA-7
Chemical Exports and Imports - §§12 and 13 TSCA-7
TSCA Assessment Considerations TSCA-8
TSCA Regulatory Requirements TSCA-9
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-1
-------
Exhibit TSCA-1. TSCA Statutes and Regulatory Requirements for Plastics
Materials, Synthetic Resins, and Nonvulcanizable Elastomers Facilities
Toxic Substances Control Act
Section 4 Testing of Chemical Substances and Mixtures
Section 5 Manufacturing and Processing Notices
Section 6 Regulation of Hazardous Substances and Mixtures
Section 8 Reporting and Retention of Information
Section 12 & 13 Exports and Imports
Section 4
40 CFR Parts 790-799
Section 5
40 CFR Part 720
Premanufacture
Notification
40 CFR Part 721
Significant New Uses
of Chemical Substances
Section 6
40 CFR Part 747 Metal Working
Fluids
40 CFR Part 749 Water Treatment
Chemicals
40 CFR Part 750 Procedures for
Rulemaking Under TSCA Section 6
40 CFR Part 761 Polychlorinated
Biphenyls
40 CFR Part 762 Fully Halogenated
Chlorofluoro Alkanes
40 CFR Part 763 Asbestos
Sections 12 & 13
40 CFR Part 707 Chemical
Imports and Exports
Section 8
40 CFR Part 704 Reporting and
Record Keeping Requirements
40 CFR Part 710 Inventory Reporting
Regulations
40 CFR Part 712 Chemical
Information Rules
40 CFR Part 716 Health and Safety
Data Reporting
40 CFR Part 717 Records and
Reports of Allegations that
Chemical Substances Cause
Significant Adverse Reactions to
Human Health or the Environment
43 FR Part 11110 Policy Statement
laboratories to follow. The rules establish procedures for gathering information, developing
and implementing test rules or consent agreements regarding chemicals regulated under TSCA
§4 and establishing reimbursement for testing costs incurred under TSCA; codify GLPs for
conducting studies and guidelines for health effects, environmental effects, and chemical fate
testing; and identify the chemical substances and mixtures for which data must be developed,
and the specific tests required for each substance and mixture. The applicable TSCA titles and
the regulations developed pursuant to TSCA are illustrated in Exhibit TSCA-1 and are discussed
below.
Premanufacture Notice Requirements - §5
Manufacturers and importers of new chemical substances are required to comply with
Premanufacture Notice (PMN) procedures and requirements as identified in 40 CFR Part 720.
[PMN exemptions are itemized in 40 CFR Part 723.] New chemicals include any chemical
substance not listed on the TSCA Inventory, as maintained pursuant to §8(b) of TSCA.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-2
-------
Manufacturers of chemicals that are not excluded or exempt from TSCA requirements or from
the PMN requirements must submit a PMN at least 90 days prior to commencing commercial
manufacturing or importing activities. Information that must be provided on the PMN to the
extent that it is known or reasonably ascertainable includes the submitter's identity; the specific
chemical identity; production, import, and use; worker, user, and consumer exposure; and
environmental fate.
EPA must review and take action on the PMN within 90 days (may be extended to 180 days
for cause), and if no action is taken, the submitter may commence manufacture or importation.
Based on the PMN submission, EPA may issue a proposed order pursuant to §5(e) to prohibit
or limit the manufacture, import, processing, distribution in commerce, use and/or disposal if
the available information is insufficient to permit a reasoned evaluation of the health or
environmental effects of the substance. TSCA §5(0 also provides EPA with the authority to
issue an order or propose a rule to limit or condition the manufacture, processing, distribution
in commerce, use and/or disposal, if there is a reasonable basis to conclude that such activities
would pose an unreasonable risk to health or the environment.
Within 30 days after commendng the manufacture or import, the manufacturer or importer
must submit a Notice of Commencement (NOC). This NOC prompts the addition of the
chemical substance to EPA's TSCA Inventory.
Significant New Uses of Chemical Substances - §5 (a) (2)
Reporting requirements for plastics materials, synthetic resins, and nonvulcanizable elastomers
facilities that manufacture, import, or process chemical substances that EPA determines have
significant new uses are identified in 40 CFR Part 721 pursuant to TSCA §5 (a) (2). Facilities that
manufacture, import, or process a chemical substance for a use that EPA has determined is a
significant new use, as identified in 40 CFR Part 721, Subpart E, must submit a Significant New
Use Notice (SNUN) 90 days prior to such activity. A SNUN is equivalent to a PMN and is
even submitted on the same form. Facilities that submit a SNUN are required to maintain
SNUN documentation for at least 5 years.
EPA can apply any of five categories of standardized significant new uses as identified in 40 CFR
Part 721, Subpart B to any existing chemical. These categories include:
* Protection in the workplace,
* Hazard communication program,
* Industrial, commercial, and consumer activities,
* Disposal, and
* Release to water.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-3
-------
As such, EPA can define certain actions or omissions of an action to be a significant new use.
For example, failure to use impervious gloves where the worker is reasonably likely to be
exposed could constitute a significant new use.
Subpart C of 40 CFR Part 721 establishes additional recordkeeping that EPA may impose on
plastics materials, synthetic resins, and nonvulcanizable elastomers manufacturers, importers,
and processors of specific chemical substances with significant new uses. The specific
recordkeeping requirements identified in 40 CFR §721.125 only apply as identified in Subpart E
individually for each specific chemical substance with a significant new use.
In addition, the authorities provided to EPA [§5(e) and §5(0 as discussed above] also are
applicable to SNUNs.
Hazardous Chemical Substances and Mixtures - §6
EPA has promulgated several regulations under TSCA specific to an individual chemical or class
of chemicals. It is possible that a plastics materials, synthetic resins, and nonvulcanizable
elastomers facility may be subject to one or more of these regulations; however, the discussion
regarding these regulations is limited in this guidance. Facilities that meet the applicability of any
of these regulations must be evaluated against the specific requirements. Chemical-specific
regulations are as follows:
Metalworking Fluids
Facilities that produce or use metal working fluids or produce a product that could be used in
or as a metalworking fluid containing any of the following chemical substances are subject to use
limitations and warnings/instructions requirements under 40 CFR Part 747: mixed mono and
diamides of an organic acid, triethanolamine salt of a substituted organic add, triethanolamine
salt of a tricarboxylic acid, and tricarboxylic acid.
Water Treatment Chemicals
Federal regulations at 40 CFR Part 749 prohibit the use of hexavalent chromium (usually in the
form of sodium dichromate) in comfort cooling towers (i.e., cooling towers that are dedicated
exclusively to and are an integral part of heating, ventilation, and air conditioning or refrigeration
systems).
Polychlorinated Biphenyls (PCBs)
Facilities that manufacture, process, distribute, use, dispose, or store PCBs must comply with
regulations established in 40 CFR Part 761. These regulations identify storage, disposal, spill
cleanup, disposal, labeling, recordkeeping, and reporting requirements.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-4
-------
Fully Halogenated Chlorofluoroalkanes
Federal regulations at 40 CFR Part 762 prohibit the manufacture, processing, or distribution in
commerce of fully halogenated Chlorofluoroalkanes for specific aerosol propellant uses which
are subject to TSCA. The 40 CFR Part 762 regulations specify exemptions to the prohibitions
and annual reporting requirements.
Record Keeping and Reporting Requirements - §8 (a)
Under Section 8(a), EPA has the authority to establish, by rule, recordkeeping and reporting
requirements for manufacturers, importers, and processors of chemical substances. To date,
EPA has established three such rules: the Preliminary Assessment Information Rule (PAIR), the
Comprehensive Assessment Information Rule (CAIR) and the Inventory Update Rule (IUR).
The CAIR requirements were resdnded in 1995.
The PAIR requires manufacturers and importers to submit a 2-page form with information
about any chemical listed in 40 CFR §712.30. The PAIR may be submitted through company
headquarters or the site where the chemical is being manufactured or imported, but a separate
form is required for each site where the chemical is being manufactured or imported. The
major elements of the PAIR form include the quantity of chemical manufactured or imported
for sale or use, the quantity lost to the environment and in wastes, manufacturing processes
and worker exposure, customer uses and products, trade names and customer's process
categories. Specific reporting dates are identified individually for each chemical substance in 40
CFR §712.30.
IUR requires manufacturers and importers of chemicals on the TSCA Inventory to report
current data on chemical identity, production volume, plant site, and site-limited status (unless
exempt). Regulated facilities include those that manufacture at, or import to, any single site
10,000 pounds or more during the latest complete corporate fiscal year immediately prior to
the reporting period. Reporting requirements include an initial report following by recurring
reports at four-year intervals thereafter. Regulated facilities must retain records for a period of
four years beginning with the effective date of that reporting period.
Significant Adverse Reactions - §8(c)
Section 8(c) of TSCA, codified at 40 CFR Part 717, establishes requirements for manufacturers
and processors as specified in 717.5(b), chemical substances and mixtures to keep records of
significant adverse reactions to health or the environment alleged to have been caused by the
substance or mixture and to permit inspection and submit copies of such records as requested
by EPA.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-5
-------
Manufacturers and processors (including formulators and repackagers) are required to compile
allegations regarding chemicals that are manufactured or processed. Certain manufacturers are
exempt from this part if the chemical substance meets one of the conditions specified in 40
CFR §717.7(a), including, but not limited to manufacture of chemical substances that result
from incidental chemical reactions, chemical substances that occur incidental to storage or
disposal of other chemical substances, and chemical substances that result from chemical
reactions that occur upon end use of other chemical substances, mixtures, or articles (e.g.,
adhesives, paints).
An allegation may be written or oral and consists of a statement made from any source,
without formal proof or evidence, that a chemical substance or mixture has caused a significant
adverse reaction to health or the environment. Known human health effects are exempt from
these requirements as are environmental impacts that are directly attributable to a spill,
discharge, permit violation, or other inddent that must by law be reported to the Federal
government. Records of significant adverse reactions are to be kept at the firm's headquarters
or at any other appropriate location central to the firm's chemical operations. These records
must be retained for 30 years for employee allegations or 5 years for other allegations.
Health and Safety Data Reporting - §8(d)
Plastics materials, synthetic resins, and nonvulcanizable elastomers facilities that manufacture,
import, or process, or propose to manufacture, import, or process a substance or mixture
listed in 40 CFR §716.120 are required to submit any unpublished health and safety studies, as
described in 40 CFR §716.3, pursuant to TSCA §8(d). Reports on these studies must be
submitted on, or subsequent to, the date the substance was listed, as well as any studies
conducted for 10 years prior to the substance being listed. These reports are due 60 days
after the effective date of the listing of a substance or listed mixture or within 60 days of
proposing to manufacture, import, or process one of these substances or mixtures. Several
exemptions exist at 40 CFR §716.20 for the submission of studies that have already been
submitted.
Persons manufacturing, importing, or processing, or proposing to manufacture, import, or
process, the substances and mixtures identified in 40 CFR §716.120 must also submit, subject
to exclusions, lists of studies that are ongoing, initiated, known but not in possession, and
unpublished studies sent to a Federal agency without a claim of confidentiality. Lists of initiated
studies must be submitted within 30 days of initiation while copies of ongoing studies must be
submitted within 30 days of completing the study.
Notification of Substantial Risks - §8(e)
A plastics materials, synthetic resins, and nonvulcanizable elastomers facility that (1)
manufactures, imports, processes, or distributes in commerce a chemical substance or mixture,
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-6
-------
and (2) obtains information that reasonably supports the conclusion that such substance or
mixture presents a substantial risk of injury to health or the environment, must immediately
report that information to EPA pursuant to the self-implementing provisions of TSCA §8(e).
EPA considers "immediate" to be within 15 days for non-emergency situations and 24 hours for
emergency situations. In general, the plastics materials, synthetic resins, and nonvulcanizable
elastomers industry derives its §8(e) report from two sources: (1) results of human, animal,
and environmental studies, and (2) incidents involving chemicals, mixtures, effluents, or
processes. Records are not required to be maintained pursuant to §8(e).
Chemical Exports and Imports - §§12 and 13
Pursuant to 40 CFR Part 707, Subpart B, plastics materials, synthetic resins, and
nonvulcanizable elastomers facilities that import chemical substances, mixtures, or articles must
comply with TSCA rules or are in violation. Under U.S. Customs Service rules (19 CFR
§12.121), importers must certify either that the importation is being undertaken in compliance
with TSCA requirements or that it is not subject to such requirements. Since TSCA Section 13
defines manufacturers as importers, importers may also be subject to TSCA testing
requirements.
TSCA §12 and Subpart D of 40 CFR Part 707 identifies applicable regulations for exporters.
Specifically, any person who exports or intends to export a chemical substance or mixture must
submit a notice of export to EPA in writing if any of the following actions have been undertaken
with respect to that chemical or mixture:
* Data are required under TSCA §4 (Testing) or §5(b) (Submission of Test Data),
* An order has been issued under TSCA §5 (Manufacturing and Processing
Notices),
* A rule has been proposed or promulgated under TSCA §5 or §6 (Hazardous
Chemical Substances), or
* An action is pending or relief has been granted under TSCA §5 or §7 (Imminent
Hazards).
Export notices are required for the first export to each country in each calendar year (except
for TSCA §4, that requires one-time notification only). Subpart D of 40 CFR Part 707 specifies
the timing and contents of these notices which must be postmarked within 7 days of
acceptance of a definite contractual obligation to export. Where the actual export occurs less
than 7 days after the export obligation, the notice must be submitted to EPA no later than the
same day as the export. Refer to EPA's Guidance Manual, A Guide for Chemical
Importers/Exporters, document number EPA 560/1-91-001, (April 1991) for more information.
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-7
-------
TSCA Assessment Considerations
TSCA regulations focus specifically on manufacturing, importing, or processing chemical
substances and mixtures, making this statute of primary importance to plastics materials,
synthetic resins, and nonvulcanizable elastomers facilities. A self-assessment of these facilities to
determine compliance with TSCA requires that the assessor be familiar, at least in general, with
all regulations developed under the Act. Because of the focus of TSCA on chemical substances
and mixtures, inspection guidance, namely the Toxic Substance Gontrd Act §§5/3 Inspection
Guidance, U.S. EPA, November 1992, is an excellent industry-specific resource when
evaluating compliance with Title I requirements at plastics materials, synthetic resins, and
nonvulcanizable elastomers facilities. Also, it is helpful for the assessor team to have lists of
chemical substances regulated by the Act. In this way, the assessor can identify activities that
may trigger TSCA regulatory requirements during pre-inspection activities and the self-
assessment.
The key to a successful TSCA self-assessor is a comprehensive pre-assessment records review.
Assessor should be aware that many TSCA reports may be submitted by the firm, corporate
headquarters, or office for the manufacturing fadlity as opposed to the specific manufacturing
plant submitting this information. It is also important for the assessment to ascertain from facility
representatives if the fadlity is aware of requirements under TSCA. One of the biggest reasons
for TSCA violations is ignorance of the specific requirements.
It may also be useful for an assessor to target one or more specific TSCA regulations that are
likely to apply at a facility rather than attempting to evaluate compliance with all requirements.
For example, plastics materials, synthetic resins, and nonvulcanizable elastomers facilities may
manufacture a variety of different products, using numerous different raw materials. Attempting
to evaluate compliance with all applicable TSCA requirements at these types of facilities can be
extremely time consuming.
One of the most egregious TSCA violations is failure to submit a PMN. The purpose of the
PMN is to provide EPA with the opportunity to determine whether the uncontrolled
manufacture, importation, processing, use, distribution in commerce, or disposal will present
an unreasonable risk of injury to health and the environment. Failure to submit the PMN
prevents EPA from making this critical evaluation. As such, an inspection team may try to focus
only on new chemicals and determine if TSCA §5 requirements are being met.
Focusing on high risk chemicals during compliance assessments is also a useful mechanism for
targeting TSCA compliance evaluations. Knowledge of the chemical substances regulated by
PAIR addresses this concern to a certain extent. Also, the Interagency Testing Committee
(ITC) as established by TSCA §4(e), as well as EPCRA Section 313, the CAA Amendments,
and the CWA (i.e., priority pollutants) represent additional sources for identifying high-risk
chemicals. High risk chemicals may also be identified by the inspection team based on the
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-8
-------
health and safety precautions that are being taken at the chemical facility for specific process
operations or production areas.
TSCA Regulatory Requirements
The following sections provide a summary of the prindpal regulations developed pursuant to
TSCA that are applicable to the plastics materials, synthetic resins, and nonvulcanizable
elastomers industry. The regulations included are:
> TSCA Section 4 - 40 CFR Parts 790-799 - Subchapter R - Toxic Substance
Control Act
> TSCA Section 5(a)(l) - 40 CFR Part 720 - Premanufacture Notification
TSCA Section 5(a) (2) - 40 CFR Part 721 - Significant New Uses of Chemical
Substances
* TSCA Section 5(c) - Regulation Pending Development of Information
* TSCA Section 5(0 - Protection Against Unreasonable Risks
TSCA Section 6
- 40 CFR Part 747 - Metalworking Fluids
- 40 CFR Part 749 - Water Treatment Chemicals
- 40 CFR Part 750 - Procedures for Rulemaking under TSCA Section 6
- 40 CFR Part 761 - Polychlorinated Biphenyls
- 40 CFR Part 762 - Fully Halogenated Chlorofluoroalkanes
- 40 CFR Part 763 - Asbestos
> TSCA Section 8(a) - 40 CFR Part 704 - Reporting and Recordkeeping
Requirements
- Subpart A General Provisions
- Subpart B Chemical Specific Rules
> TSCA Section 8(a) PAIR - 40 CFR 712 - Chemical Information Rules
- Subpart B Manufacturers Reporting - Preliminary Assessment Information)
> TSCA Section 8(a) IUR - 40 CFR Part 710 - Inventory Reporting Regulations
> TSCA Section 8(c) - 40 CFR Part 717 - Records and Reports of Allegations that
Chemical Substances Cause Significant Adverse Reactions to Human Health or
the Environment
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-9
-------
TSCA Section 8(d) - 40 CFR Part 716 - Health and Safety Data Reporting
TSCA Section 8(e) - 43 FR Part 11110 - Policy Statement
TSCA Section 12-40 CFR Part 707 - Chemical Imports and Exports
- Subpart D Notices of Export Under Section 12(b)
TSCA Section 13 - 40 CFR Part 707 - Chemical Imports and Exports
- Subpart B General Import Requirements and Restrictions
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-10
-------
Affected Facility:
Parts 790-799
Persons that manufacture or
75CA Section 4- 40 CFR
Subpart R - Toxic Substance Control Act
intend to manufacture and/or
process or intend to process a
substance subject to a test rule
or testing requirements of a consent agreement.
Date of Applicability:
Substance-specific
Exemptions:
• Persons who manufacture less than 500 kg annually must comply only if directed to do so
by notice or test rule
• Persons who manufacture small quantities solely for research and development must
comply only if directed to do so by notice or test rule
Affected Chemicals:
ON
1) Chemicals listed in 40 CFR 799
2) Also, dibenzo-para-dioxins and dibenzofurans (40 CFR 766)
Requirements:
1) Submit letter of intent to conduct testing or exemption application no later than 30 days of Q_
date of test rule ^
2) If a letter of intent is submitted, conduct tests listed in 40 CFR 799 for appropriate ()
substance
3) If testing is conducted, comply with Good Laboratory Practice Standards (40 CFR 792),
including retention of records for 10 years
t!
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-11
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-12
-------
Affected Facility:
Persons who intend to
TSCASection5(a)(l)-40CFK
Premanufacture Notification
manufacture or import a new
chemical substance into the U.S.
for commercial purposes, or
who contract with a manufacturer as outlined in 40 CFR 720.22(a)(2).
Date of Applicability:
July 12, 1983
Exemptions:
As listed in 40 CFR 720.30, 720.36, 720.38 and 40 CFR 723 (low volume, test marketing,
instant photographic film, and polymers)
Affected Chemicals:
New chemical substances; i.e., substances not listed on the Inventory
CN
Requirements:
1) Submit Premanufacture Notification (PMN) at least 90 days before manufacture or import n3
2) PMN to include information in Subpart C, and test data as outlined in 40 CFR 720.50
3) Submit Notice of Commencement (NOC) no later than 30 days after commencement of
manufacture or import Q
Record Keeping Requirements: '
Keep records described in 40 CFR 720.78 for 5 years ^^
'c?
^^
LO
t!
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-13
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-14
-------
Affected Facility:
TSCA Section 5(a)(2) - 40 CFR
Persons who: raiT /Z
Significant New Uses of Chemical Substances
1) Intend to manufacture,
import or process for
commercial purposes a chemical substance identified in Subpart E, and
2) Engage in a significant new use of the substance or intend to distribute the substance in
commerce [subject to the exemption outlined in 40 CFR 72 1.5 (a) (2)].
Date of Applicability:
Substance-specific
Exemptions:
As specified in 40 CFR 72 1.45
Affected Chemicals:
-
Chemical substances identified in 40 CFR 721 Subpart E .
Requirements:
Submit Significant New Use Notice (SNUN) at least 90 days before commendng manufacture,
import, or processing, using Appendix A of 40 CFR 720, and including test data specified in
Section 5(d)(l) O
"
CN
Record Keeping Requirements: ^
CN
5 years s—*
J ctf
^^
LO
t!
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-15
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-16
-------
TSCA Section 5(e)
Regulation Pending Development of
Information
Affected Facility:
Persons engaged in, or intending
to engage in, manufacture,
processing, distribution in
commerce, use, or disposal of
the substance.
Date of Applicability:
Substance-specific
Exemptions:
None
Affected Chemicals:
As stated in order or injunction
Requirements:
Comply with order or injunction (in response to a PMN or SNUN) prohibiting or limiting the
manufacture, processing, distribution in commerce, use, or disposal of a specific substance
CD
^^
LO
t!
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-17
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-18
-------
Affected Facility:
TSCA Section 5(f)
Protection Against Unreasonable Risks
Persons engaged in, or intending
to engage in, manufacture,
processing, or distribution in commerce of the substance
Date of Applicability:
Substance-specific
Exemptions:
None
Affected Chemicals:
As stated in order or injunction
Requirements:
1) Comply with order or injunction (in response to a PMN or SNUN) prohibiting the
manufacture, processing, or distribution in commerce of a specific substance, or
2) Comply with proposed rule issued under Section 6(a), effective as of publication, limiting
the amount of a specific substance that may be manufactured, processed, or distributed in
commerce, or requiring one or more actions from Section 6(a)(2) through (7)
t;
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-19
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-20
-------
Affected Facility:
"TSCA Section 6 - 40 CFR Parts 747,
Persons engaged in, or intending ' ' '
to engage in, manufacture,
processing, or distribution in
commerce of the substance
• 40 CFR Part 747 - Metalworking Fluids
• 40 CFR Part 749 - Water Treatment Chemicals
• 40 CFR Part 750 - Procedures for Rulemaking under TSCA Section 6
• 40 CFR Part 761 - Polychlorinated Biphenyls (PCBs) Manufacturing, Processing,
Distribution in Commerce, and Use Prohibitions
• 40 CFR Part 762 - Fully Halogenated Chlorofluoroalkanes OO
• 40 CFR Part 763 - Asbestos
\D
Date of Applicability: ^
LO
Varies based on rule.
ON
Exemptions:
None
Affected Chemicals:
As stated in order or rule. Includes:
• PCBs (40 CFR 761) (->-j
• Fully halogenated Chlorofluoroalkanes (40 CFR 762) ^
• Asbestos (40 CFR 763)
• Metalworking fluids (40 CFR 747)
• Hexavalent chromium (e.g., sodium dichromate) (40 CFR 749)
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-21
-------
Requirements:
Dependent on substance-specific rule or order:
• Comply with prohibition against or limits on manufacturing, processing, or distributing in
commerce
• Comply with prohibition against manufacturing, processing, or distributing in commerce for
a particular use or a particular use above a specified concentration
Label substances or articles with adequate warnings and instructions
Make and retain records or processes used and monitor or test to assure compliance with
rule
Comply with prohibitions or regulations on specified commercial uses
Comply with prohibitions or regulations on specified methods of disposal
Give notice of risks to distributors, persons in possession of substance, and general public,
and replace or repurchase substance
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-22
-------
75CASection8(a)-40CFR
Part 704
Reporting and Requirements
Subpart A- General Previsions
Subpart B - Chemical Specific Rules
Affected Facility:
Manufacturers, importers, and
processors
Date of Applicability:
Substance-specific
Exemptions:
As in 40 CFR 704.5
Affected Chemicals:
Chemical substances listed in 40 CFR 704 Subpart B
Reporting and Record Keeping Requirements:
Dependent on chemical
00
06
CO
Q_
_Q
O
r\
CO
Q_
b
O
00
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-23
ti
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-24
-------
TSCASection 8(a) PAIR- 40 CFR
Part 712
Chemical Information Rules
Subpart B - Manufacturers Reporting - Preliminary Assessment
Information
Affected Facility:
Manufacturers and importers
Date of Applicability:
June 1982 (Substance specific)
Exemptions:
As described in 40 CFR 712.25
Affected Chemicals:
Chemical substances listed in 40 CFR 712.30
Reporting Requirements:
1) 2-page report for each plant manufacturing a chemical listed in 40 CFR §712.30
2) Cover latest complete corporate fiscal year as of the effective date
3) Due 60 days from effective date
fN
Q_
b
O
00
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-25
ti
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-26
-------
Affected Facility:
Manufacturers and importers
TSCA Section 8(a) IUR- 40 CFR
Inventory Reporting Regulations
that manufacture at, or import
to, any single site 10,000 Ibs. or
more during the latest complete
corporate fiscal year immediately prior to the reporting period.
Date of Applicability:
August 25 - December 23, 1986, and subsequent reporting periods
Exemptions:
• Substances exempted in 40 CFR 710.26
• Persons exempted in 40 CFR 710.29 (small manufacturers)
• Activities exempted in 40 CFR 710.30
Affected Chemicals: o
Any chemical on TSCA Inventory.
Reporting Requirements:
Initial and recurring (every 4 years) reporting to TSCA Inventory
O
Record Keeping Requirements: o
1) All TSCA Inventory data submissions and records that document submission
information (kept for 4 years after reporting period)
D
2) Site-specific production or import records to verify reporting exemption —
, — .
n3
^*—s
00
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-2 7
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-28
-------
. TSCA Section 8(c) - 40 CFR
Affected Facility: n _,._,
Part 717
Manufacturers and processors
meeting criteria in 40 CFR
Records and Reports of Allegations that
Chemical Substances Cause Significant Adverse
71 7
Reactions to Health or the Environment
Date of Applicability:
1983
Exemptions:
As stated in 40 CFR 717.7
Affected Chemicals:
Any chemical substance or mixture
Reporting Requirements:
Regarding allegations that substances cause significant adverse reactions to health or the
environment:
Records must be reported when required by letter to firms or notice in the Federal Register t!
n3
Record Keeping Requirements:
1) Record of all employee allegations (the original document and abstract) kept for 30 years
2) All other allegations kept for 5 years.
U
^^
00
t!
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-29
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-30
-------
Affected Facility:
Persons who, from 10 years la IT / ID
TSCA Section 8(d) - 40 CFR
Health and Safety Data Reporting
prior to the effective date that a
substance or mixture is added to
40 CFR 716.120 to the present,
manufactured, imported, or processed the substance or proposed to do so.
Date of Applicability:
1982 (Substance specific)
Exemptions:
Studies not subject to reporting requirements as defined in 40 CFR 716.20.
Affected Chemicals:
Chemicals listed in 40 CFR 716.120
Requirements:
1) Submission of any unpublished health and safety studies as described by 40 CFR 716.3
2) Submit information within 60 days after effective date of chemical placed on 40 CFR
716.120 list Ql
3) 10-year continuing obligation to report certain information
IJ_
Record Keeping Requirements: O
None '
s~^
~D
s^^-
00
ti
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-31
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-32
-------
Affected Facility:
Manufacturers, importers,
processors, and distributors
Date of Applicability:
• Statute:
- January 1977
• Policy Statement:
- March 1978
Affected Chemicals:
TSCA Section 8(e) - 43 Federal
Register I I I I 0 Policy Statement
O
Chemical substances and mixtures for which there is information that reasonably supports the
conclusion that the substance or mixture presents a substantial risk of injury to health or the —
environment. —
Requirements: _
"DuO
• Substantial risk to health or environment information reported immediately:
- Emergency - within 24 hours (oral) n3
- Nonemergency - within 15 working days (written) qj
~D
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-33
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-34
-------
Affected Facility:
Persons who export or intend
to export a chemical substance
for which:
TSCASection 12-40 CFR
Part 707
Chemical Imports and Exports
Subpart D - Notices of Export Under Section 12(b)
• Data are required under
Section 4 or 5(b)
• An order has been issued under Section 5
• A rule has been proposed or promulgated under Section 5 or 6
• An action is pending or relief has been granted under Section 5 or 7
Date of Applicability:
1980
Exemptions:
40 CFR 707.72
Affected Chemicals:
As set out in 40 CFR 707.60, including PCBs and PCB articles [40 CFR 707.60(c)]
Reporting Requirements:
Submit notice of export:
• Within 7 days of definite contractual obligation to export; or
• Actual date of export
Whichever is earlier. If in response to an EPA proposed rule, requirement to submit notice
begins 30 days after publication of proposed rule.
Contents of notice:
• Name of chemical, name and address of exporter, country of import, date of export,
section of TSCA applicable to substance
Q
Q_
_Q
CO
o
t:
n3
Q_
b
O
ti
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-35
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-36
-------
TSCASection I3-40CFK
Part 707
Chemical Imports and Exports
Subpart B: (General Import Requirements and Restrictions),
§707.20 Chemical Substance Import Policy (referring to I 9 CFR
Parts 2 and 27 (U.S. Customs Service)
Affected Facility:
Importers
Date of Applicability:
1980
Exemptions:
None
Affected Chemicals:
Any chemical substance, mixture or article
Reporting Requirements:
Submit statement of compliance with TSCA or that import is not subject to TSCA
CO
Q_
_Q
CO
o
t:
n3
Q_
b
O
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-37
ti
-------
Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers Manufacturing TSCA-38
------- |