&EPA
             United States
             Environmental Protection
             Agency	
                Enforcement and
                Compliance Assurance
                (2224A)	
EPA-305-S-97-002
December 1997
Inorganic Chemical Manufacturing
Statutory and Regulatory Summaries
             EPA Office of Compliance
             Chemical Industry Branch

                                         Printed on paper that contains at least
                                         20 percent postconsumer fiber.

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Background: The inorganic chemical 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 inorganic chemical 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 inorganic
chemical 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 S.C. Delaney, U.S. EPA. Cover photograph courtesy of Vista Chemical
Company, Baltimore, Maryland.	

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Federal Insecticide, Fungicide, and Rodenticide Act (FIFRAJihe FIFRA
section summarizes the registration, reporting and packaging requirements for
pesticides and identifies key site assessment considerations.  FIFRA regulations
described herein which may apply to inorganic chemical manufacturers include
registering pesticides and producers of pesticides, labeling and packaging
pesticides, submitting reports, and keeping records.

Resource Conservation and Recovery Act (RCRAT:his 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 inorganic chemical 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 (EPCRATihe
EPCRA section describes four regulatory programs applicable to inorganic
chemical 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.

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This manual may not include all the Federal environmental regulations that an
inorganic chemical 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.
                               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 to requirements that  are different from or in addition to those described in this
document. EPA may change this guidance in the future, as appropriate.

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         NOTE TO USERS OF THIS DOCUMENT

This document contains both internal and external hyperlinks.
Internal links, noted with magenta text, link the reader
to the applicable section, figure, etc. being referenced.
External links, noted with blue text, link the reader
directly to a page on the Internet (for readers with access to the
Internet), consistent with the information being described in this
document. 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 simplify navigation in the
document.

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TABLE OF  CONTENTS
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
Chemical Accident Protection	CAA-8
Stratospheric Ozone Protection  	CAA-9
CAA Assessment Considerations	CAA-10
CAA Regulatory Requirements  	CAA-12

Safe Drinking Water Act
Public Water Supply Program 	  SDWA-1
Underground Injection Control Program	  SDWA-2
SDWA Assessment Considerations	  SDWA-3
SDWA Regulatory Requirements  	  SDWA-4

The Federal Insecticide. Fungicide, and Rodenticide Act

Registration of Pesticides and Pesticide-Producing Establishments 	 FIFRA-1
FIFRA Assessment Considerations	 FIFRA-2
FIFRA Regulatory Requirements  	 FIFRA-3

Resource Conservation and Recovery Act	
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 Compliance Assessment Considerations 	RCRA-11
RCRA Regulatory Requirements	RCRA-12

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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-Know 	EPCRA-2
Toxic Chemical Release Inventory	EPCRA-2
EPCRA Assessment Considerations	EPCRA-3
EPCRA Regulatory Requirements  	EPRCA-4

Clean Water Act
Effluents Limitations Guidelines and Categorical
Pretreatment Standards	 CWA-2
NPDES Program  	 CWA-3
Pretreatment Program  	 CWA-8
Policy on Effluent Trading in Watersheds	  CWA-10
Spills of Oil and Hazardous Substances  	  CWA-10
Oil Pollution Prevention  	  CWA-11
Reportable Quantities for Hazardous Substances 	  CWA-11
CWA Assessment Considerations	  CWA-12
CWA Regulatory Requirements 	  CWA-13

Toxic Substances Control Act
Testing - §4	TSCA-1
Pre-Manufacturing Notice Requirements - §5  	TSCA-3
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-6
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

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                      Clean Air  Act  (CAA)
The Clean Air Act (CAA), with its 1990 amendments, sets the framework for air pollution
control as it affects the inorganic chemical 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 Inorganic Chemical 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 68
Chemical Accident
Prevention Provisions

40 CFR Part 70
    or
40 CFR Part 71
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:

       *•      Section 107 pertaining to Air
             Quality Control Regions;
       *      Section 109 pertaining to
             National Ambient Air Quality
             Standards;
                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
                Chemical Accident Prevention  	  CAA-8
                Stratospheric Ozone Protection	  CAA-9
                CAA Assessment Considerations 	 CAA-10
                CAA Regulatory Requirements	 CAA-12
Inorganic Chemical Facilities
                                                   CAA-1

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       *     Section 110 pertaining to State Implementation Plans;
       *•     Section 111 pertaining to New Source Performance Standards; and
       >     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 Titles of the Act.

Title VI of the CAA deals with ozone-depleting chemicals. Several solvents used in the
inorganic chemical industry are affected by this law.  Regulations under Title VI which affect
the inorganic chemical industry are discussed later in this section.

Finally, the specific regulatory requirements developed pursuant to the CAA are described in
the last portion of this section.

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, and

       (2)    Secondary standards that define the level of air quality necessary to protect the
             public welfare from any known or anticipated adverse effects of a pollutant.

These standards, 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.
Inorganic Chemical Facilities                                                     CAA-2

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The EPA has set NAAQS for ozone, carbon monoxide, participate matter of 10 microns or
less (PM-10), sulfur dioxide (SOX), nitrogen dioxide (NOX), 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 inorganic chemicals 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-1, 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 capacity 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
Inorganic Chemical Facilities
CAA-3

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Reasonably Available Control Technology (RACT). A source defined as "major" in a
nonattainment area must install the RACT as prescribed in the applicable SIP.

                    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 drcumstances 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 an ozone transport region must submit
SIPs to the EPA with special requirements pertaining to enhanced vehicle inspection and
maintenance programs and implementation of RACT with respect to all sources of volatile
organic compounds in the States. In addition, a stationary source in an ozone transport
region that emits or has  the potential to emit at least 50 TPY of VOCs or NO xs  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.

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
commencing 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
Inorganic Chemical Facilities                                                    CAA-4

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undassifiable areas). Permits for sources in attainment areas are referred to as prevention of
significant air quality deterioration (PSD) requirements and include the following:
             Installation of Best Available
             Control Technology (BACT);

             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; and
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.
       >     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.
Inorganic Chemical Facilities
                                   CAA-5

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      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 and NOxs)
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 inorganic chemical industry 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 inorganic chemical industry sources include
monitoring, recordkeeping, and reporting. Further details on affected processes at major
inorganic chemical industry sources, 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. 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 inorganic chemical industry sources include monitoring, recordkeeping, and
reporting.  Further details on affected processes at major inorganic chemical industry sources,
dates of applicability and regulatory guidelines are provided in the last part of this section.

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.
Inorganic Chemical Facilities
CAA-6

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Section 129 was added to the CAA in 1990 and directs EPA to establish MACT-based
regulations for solid waste incinerators. 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 facility that
is under the control of the same person(s), and a major source is defined as any source that
emits or has the potential to emit:

      >      10 TPY or more of any hazardous air pollutant;
      *      25 TPY or more of any combination  of hazardous air pollutants; or
      >      100 TPY of any air pollutant.

For ozone nonattainment areas, major sources are defined as sources with the Potential To
Emit (PTE):

      *      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 NOxs in areas classified as serious;

      >      25 TPY or more of VOCs  or NOxs in areas classified as severe; and

      >      10 TPY or more of VOCs  or NOxs in areas classified as extreme.

Other sources requiring permits regardless of source size include:

      *      NSPS
      •>      NESHAP
      *      PSD/NSR
      *     Acid Rain

Calculation of the PTE at batch chemical manufacturing facilities is especially important in that
the maximum capacity of the facility to produce a variety of chemical products is less than the

Inorganic Chemical Facilities                                                   CAA-7

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sum of the capacity of each individual product since operation units may not be dedicated to
the production of a single chemical.  EPA issued a guidance memorandum on August 29,
1996 defining the procedure for calculating PTEs at batch chemical facilities for use in
determining the applicability of Title V permitting requirements.

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 fadlity.  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.

Chemical Accident Prevention

Title V of the CAA Amendments require implementation of measures  to prevent accidental
releases to the air to mitigate the consequences of such releases by focusing prevention
measures on chemicals that pose the greatest risk to the public and to  the environment.  In
response to this requirement, EPA promulgated 40 CFR Part 68 Chemical Acddent
Prevention Provisions that outline requirements for stationary sources  with processes that
contain more than a threshold quantity of a regulated substance. Specific program
requirements will be dependent on the likelihood of accidental releases from subject
processes with the less likely subject to streamlined prevention requirements. All sources are
required to prepare a risk management plan based on the risk management programs
established at the source with plans submitted  to EPA by June 21, 1999, or later as identified
in §68.150, and available to the public. The goal of these regulations is to encourage sources
to reduce the probability of accidental releases of substances that have the potential to cause
Inorganic Chemical Facilities                                                    CAA-8

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immediate harm to public health and the environment and stimulate dialogue between
industry and the public.
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 Qanuary 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
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,

Inorganic Chemical Facilities                                                    CAA-9

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technidans 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 preiously
required under the CAA. The facility's compliance assessors) should consider reviewing
data derived from previous facility self-assessments when determing 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 underlying regulatory requirements applying to the emission unit or the emission point
are listed so that they 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 indnerator 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 indneration might have a lower allowable operating temperature of
1800°F.  Using baseline assessment techniques, the assessor routinely records this operating

Inorganic Chemical Facilities                                                   CAA-10

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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 an inorganic chemical 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 NOX.  RACT requirements vary with location and severity on
nonattainment. NSPS requirements are based on the capadty of 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.

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.  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 plantwide emissions limits or caps. Plantwide
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-as-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.
Inorganic Chemical Facilities                                                    CAA-11

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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 inorganic chemical industry.  The section includes:
     40CFRPart60
        Subparts Cd

        Subparts Da, Db, Dc
        Subpart G
        SubpartH
        Subpart GG
        Subpart HH
     -  Subpart PP
     40CFRPart61
        Subpart M
        Subpart P
Emission Guidelines and Compliance Times for Sulfuric Acid
Production Units
Standards of Performance for Steam Generating Units
Standards of Performance for Nitric Add Plants
Standards of Performance for Sulfuric Acid Plants
Standards of Performance for Stationary Gas Turbines
Standards of Performance for Lime Manufacturing Plants
Standards of Performance for Ammonium Sulfate
Manufacture
National Emission Standard for Asbestos
National Emission Standard for Inorganic Arsenic Emissions
from Arsenic Trioxide & Metallic Arsenic Production Facilities
     40CFRPart63
        SubpartH

        Subpart Q
     40 CFR Part 68

     40 CFR Part 82
National Emission Standards for Organic Hazardous Air
Pollutants for Equipment Leaks
National Emission Standards for Hazardous Air Pollutants for
Industrial Cooling Towers

Chemical Accident Prevention Provisions

Protection of Stratospheric Ozone
Inorganic Chemical Facilities
                                                CAA-12

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Applicability:
                                 40 CFR Part 60 - Subpart Cd
      Each existing sulfuric add
      production unit as
      defined in 60.81 (a) of
      Subpart H.
                                 -Reporting and record keeping 60.7
Date of Applicability:
Emissions Guidelines & Compliance Times
for Sulfuric Acid Production Units
-Standards for: sulfuric acid mist GO.Slb
-Test Methods and Requirements 60.8
•     Existing sources must comply with attaining the level of the emission guidelines (established in
      60.33a) within 17 months of the effective date of a State emission standard for sulfuric acid
      mist.

Affected Processes:

Designated facilities must maintain their emissions of sulfuric acid mist within the guidelines of 0.25 g
sulfuric acid mist (as measured by method 8 of Appendix A), per kilogram of sulfuric acid produced,
or 0.5 pounds per ton. The production is expressed as 100 percent H2SO4.

Testing Requirements:

Performance tests required under 60.8 are to be conducted under procedures
specified in Appendix A of 40 CFR Part 60 unless otherwise specified by the Administator
under 60.8.

Reporting Requirements:

1)    Notification to the Administrator of any change (physical or operational) which may
      cause an increase in the emissions rate of any air pollutant to which a standard applies.
                                                                                       •Q
 2)    Excess emissions and monitoring systems performance report semiannually as           r.
      specified in 60.7(c).                                                               ^
                                                                                      I
                                                                                      g
Inorganic Chemical Facilities                                                  CAA-13

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Inorganic Chemical Facilities                                                 CAA-14

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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.
40 CFR 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
      Electric utility combined
      cycle gas turbines with
      duct burners capable of
      combusting >73 MW (250 million BTU/hr) heat input of fossil fuel.
Date of Applicability:

•     Sources constructed, reconstructed, or modified after September 18, 1978.


Affected Processes:

Emission standards for all affected facilities for:
      Particulate Matter (PM) of 13 ng/J (0.03 Ib/mmBtu) heat input from the combustion of
      solid, liquid or gaseous fuel;

      Opacity of 20%, averaged over  6 minutes, except for one 6 min. period per hour of
      27% opadty (block average).

      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). All limits and percent reductions are based on a 30-day rolling
      average (continuous compliance by CEMS).

      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/f (0.20 Ib/mmBtu
      heat input). All limits and percent reduction requirements are based on a 30-day
      rolling avg. (continuous compliance by CEMS)
      Alternative limits for SO2 apply if fadlity meets one of the following criteria:

Inorganic Chemical Facilities
                                                    I
                                                    6
                                          CAA-15

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                   combusts solid solvent refined coal (SRC-I) (60.43a(c))

                   combusts 100% anthradte (60.43a(d)(l))

                   is classified as a resource recovery fadlity (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/f (Ib/mmBtu) heat input depending on fuel type,
      based a 30-day rolling avg (continuous compliance by CEMS). If two or more fuels
      are combusted simultaneously, the formula in 60.44a(c) should be used.

Exemptions:

•     Subpart Da applies 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:

Inorganic Chemical Facilities                                                  CAA-16

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1)    Maintenance and operation of continuous emission monitoring system (CEMS), for
      monitoring opacity 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.  SO 2 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.

5)    CEMS minimum data availability > 18 hours for  > 22 days per month.

Reporting Requirements:

1)    Initial performance test data for all pollutants and CEMS performance evaluation data
      for  SO2, NOX and opacity.

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(f)

            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
Inorganic Chemical Facilities                                                  CAA-17

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Inorganic Chemical Facilities                                                 CAA-18

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Applicability:

•     Steam generating units
      with a heat input
      capacity from fuels
      combusted in the steam
      generating unit >29
      MW (100 million
      BTU/hr).

Date of Applicability:
                                 40 CFR Part 60 - Subpart
                                 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, 60.47b
                                 -Monitoring 60.48b
                                 -Reporting and record keeping 60.49b
•     Sources constructed, reconstructed, or modified after June 19, 1984.

•     Sources meeting applicability and constructed, reconstructed, or modified after June
      19, 1984 but before June 19, 1986 (PM, NOX, and SO2).

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% opadty (block average).

•     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  (continuous compliance by CEMS) 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. (continuous compliance by CEMS), 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)).
                                                                                      a
                                                                                      I
Inorganic Chemical Facilities
                                                                           CAA-19

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Exemptions:

•     Steam generating units meeting Subpart D c applicability or Subpart Da applicability 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 capadty 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 capacity 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 gas turbine 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 SO 2 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 opacity of emissions.

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 capacity nitrogen fuel facilities that are subject to the performance
      test emission standards.

Inorganic Chemical Facilities                                                  CAA-20

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4)    CEMS minimum data availability > 75 percent of hours per day and > 75 percent of
      days per 30 day period.

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 fadlity subject to nitrous oxide standards: daily records of steam generating unit
      operations (60.49b(g)(l)-(10))

Reporting Requirements:

1)    Compliance reports quarterly for each applicable pollutant (NO x and SO2); semi-
      annually if no exceedances.

2)    Quarterly report of information specified in 60.49b(g) for nitrous oxide if subject to
      CEMS 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).
Inorganic Chemical Facilities                                                  CAA-21

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Inorganic Chemical Facilities                                                 CAA-22

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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:
40 CFR 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
•     Sources constructed,
      reconstructed, or modified after June 9, 1989.

Affected Processes:
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 60.42c(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(f)(l), (2), or (3).

      Particulate Matter (PM) of 22 ng/f (0.05 Ib/mmBtu) to 130 ng/f (0.30 Ib/mmBtu)
      depending on fuel type and other factors

•     Opadty of 20% for facilities with heat input capadty > 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 facilities that combust coal (alone or in
      combination with other fuels) that meet the following criteria:
                   heat input capacity < 2 2MW
                   annual capadty factor for coal < 55% and subject to Federally
                   enforceable low capacity factor
                   located in noncontinental areas
                   facility is combusting coal in a duct burner and > 70% of the heat input
                   is from exhaust gases entering  the duct burner.
Inorganic Chemical Facilities
                                           CAA-23

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•     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
      SO2 emissions according to 60.46c(d)(l)-(3).

•     Facilities subject to 60.42c(h)(l), (2), or (3) that demonstrate compliance with SO 2
      standards based on fuel supplier certification, must keep records of certifications in lieu
      of CEMS.

•     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-capacity factor, calculation of annual capacity
      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)).
Inorganic Chemical Facilities                                                  CAA-24

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Applicability:
                              40  CFR Part 60 - Subpart G
      Nitric acid production       c,   ,   ,   f n  f          f   AT., .   .  .,
       ,  ,                     Standards of Performance for Nitric Acid
      plants
      v                       Plants
      The discharge of gases is
      prohibited which:          - Test methods 60.74
- Monitoring 60.73
            Contain NO2 in
            excess of 1.5 kg
            per metric ton acid produced

            Exhibit 10% opacity or greater

Date of Applicability:

Sources constructed or modified after August 17, 1971

Exemptions:

•     None

Monitoring/ Record Keeping Requirements:

1)     Continuous monitoring of nitrogen oxides

2)     Conversions of monitoring data to units of applicable standard

3)     Record daily production rate and hours of operation

Reporting Requirements:                                                     ex,

1)     Semiannual report of excess emissions and monitoring system performance

2)     Report excess emission periods of any 3-hour period in which the average NO
      exceeds the standard.
                                                                               I
Inorganic Chemical Facilities                                              CAA-25

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Inorganic Chemical Facilities                                                 CAA-26

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Applicability:

                               40 CFR Part 60 - Subpart H
      Sulfuric acid production      c,   ,   ,   f n  f          f   c  1f  .  .  .,
       ,  ,                      Standards of Performance for Sulfuric Acid
      plants
      v                        Plants
      The discharge of gases is
      prohibited which:            - Test methods 60.85
- Monitoring 60.84
            Contain sulfur

            dioxide in excess

            of 2 kg per metric ton of acid produced


            Contain H2SO4 in excess of 0.075 kg per metric ton of acid produced


            Exhibits 10% opacity or greater



Date of Applicability:



Sources constructed or modified after August 17, 1971



Exemptions:



•     None



Monitoring/ Record Keeping Requirements:



1)     Continuous monitoring of sulfur dioxide or applicable alternative


2)     Conversion of monitoring data into units of applicable standard


3)     Record all conversion factors and computed values



Reporting Requirements:



1)     Semiannual report of excess emissions and monitoring system performance

                                                                                 I
Inorganic Chemical Facilities                                               CAA-27

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Inorganic Chemical Facilities                                                 CAA-28

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Applicability:

•     Stationary gas turbines
      with heat input at peak
      load>10.7gigajoules/
      hour, based on lower
      heating value of the fuel
      fired.

Date of Applicability:
40 CFR 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)(l) or (2), as
      directed in 60.332(b),(c), and (d)

•     SO2 emissions of < 0.015% by volume at 15% O2 on a dry basis or burn fuel which
      contains less than 0.8% sulfur 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).
Inorganic Chemical Facilities
                                         CAA-29

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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.
Inorganic Chemical Facilities                                                 CAA-30

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Applicability:
                              "  40 CFR Part 60 - Subpart HH
      Each rotary lime kiln
                                Standards of Performance for Lime
      used in the manufacture     ,,    f  ,   .    „,   ,
        ,,.                       Manufacturing Plants
                                -Standards for: particulate matter 60.342, opacity 60.342
                                -Test Methods 60.344
                                -Monitoring 60.343
Date of Applicability:
                                -Reporting and record keeping 60.343(d) and (e)
       Sources constructed or
       modified after May 3,
       1977.


Affected Processes:

No owner/operator shall cause any lime kiln gases to be discharged into the atmosphere
which:

       Contain particulate matter >0.30 kg/megagram (0.60 Ibs/ton) of stone feed
       Exhibit > 15% opadty when exiting from a dry emission control device

Exemptions:

•      Facilities used in the manufacture of lime at kraft pulp mills.

•      Kiln types other than rotary kilns.

Partial Exemptions:

•      Rotary lime kilns having a control device with a multiple stack exhaust or a roof
       monitor may have a certified emissions observer monitor visible emissions once per
       day of operation for at least three 6-minute observation periods as described in
       60.343(b) in lieu of the continuous opadty monitoring requirement described in
       60.343(a).

•      Rotary lime kilns using a wet scrubbing emissions control device are not re quired to
       monitor opacity as described in 60.343(a) but are required to install/calibrate/
       maintain/operate and record resultant information from one of two continuous
       monitoring devices described in 60.343(c)  (1) or (2) [i.e. pressure loss of gas stream
       through the scrubber or scrubbing liquid supply pressure to the central device].

                                                                                     g

Inorganic Chemical Facilities                                                  CAA-31

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Monitoring Requirements:

1)    Continuous monitoring system for opacity of gases discharged as described in
      60.343(a)
2)    Device for measuring the mass rate of stone feed to any affected rotary lime kiln for
      performance test purposes.

Recordkeeping Requirements:

Performance test data and emissions data for measuring the mass of stone feed to any affected
lime kiln as described in 60.343(d).  All performance tests to be completed in conformance
with 60.8.


Reporting Requirements:

1)    Notification to the Administrator of any change (physical or operational) which may
      cause an increase in the emissions rate of any air pollutant to which a standard applies.

2)    Excess emissions and monitoring systems performance report semiannually as
      specified in 60.7(c).
Inorganic Chemical Facilities                                                CAA-32

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Applicability:
                                40 CFR Part 60 - Subpart PP
      Each ammonium sulfate       standards of Performance for Ammonium
      dryer within an
      ammonium sulfate
      manufacturing plant in the
      caprolactam by-product,
Sulfate Manufacture
-Standards for participate matter 60.422
-Monitoring 60.423
         ,,,.    ,  ,             -Test Methods and Requirements 60.424, 60.8
      synthetic, and coke oven              and record4k  j  60 7
      by-product sectors of the
      ammonium sulfate
      industry.

Date of Applicability:

•     Sources constructed or modified after February 4, 1980.


Affected Processes:

No ammonium sulfate dryer shall discharge:

      Exhaust gases with > 15% opacity
      Particulate matter at an emission rate > 0.1 5 kg participate/ megagram of ammonium
      sulfate produced (0.30 Ibs participate/ ton ammonium sulfate produced).

Monitoring Requirements:

1)    Flow monitoring devices which can be used to determine mass flow of ammonium
      sulfate feed material streams to the process or weigh scales to directly measure
      production rate of ammonium sulfate.
2)    Continuous monitoring and recording of total pressure drop across the emission
      control system.
                                                                                     -
Testing Requirements:                                                             c^S
                                                                                    -§-
Performance tests required under 60.8 are to be conducted under procedures                  £3
specified in Appendix A of 40 CFR Part 60 and under 40 CFR 60.424 unless                    ,
otherwise specified by the Administator under 6 0.8.
                                                                                    I
                                                                                    g
Inorganic Chemical Facilities                                                 CAA-33

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Reporting Requirements:

1)    Notification to the Administrator of any change (physical or operational) which may
      cause an increase in the emissions rate of any air pollutant to which a standard applies.

 2)    Excess emissions and monitoring systems performance report semiannually as
      specified in 60.7(c).
Inorganic Chemical Facilities                                                  CAA-34

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Applicability:
                                 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 61.150
•     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.


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)
•     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 fadlity 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 fadlity       Cfc^
      unless at least one onsite representative is trained in compliance with the regulations       p^


Inorganic Chemical Facilities                                                   CAA-35

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       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
             Iistedin61.150(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
Inorganic Chemical Facilities                                                    CAA-36

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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 in 61.150(d)
Inorganic Chemical Facilities                                                 CAA-37

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Inorganic Chemical Facilities                                                   CAA-38

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Applicability:
                               " 40 CFR Part 61  - Subpart P
      Each metallic arsenic plant
      grade arsenic bearing
      materials by a roasting
      condensation process.

Date of Applicability:
National Emission Standard for Inorganic
      and each arsenic trioxide       .     1T,..     r     .     .  ^ .   .,  „
      plant that processes low       Arsemc Emissions from Arsenic Trioxide &
Metallic Arsenic Production Facilities
-Standards for: inorganic arsenic 61.182
-Monitoring: 61.183, 61.184
-Recordkeeping: 61.185
-Reporting: 61.186
•     All existing sources must
      comply within 90 days of the effective date (August 4th, 1986). All new sources must comply
      within 90 days of the startup date.

Affected Processes:

Must minimize emissions of inorganic arsenic to the maximum extent practicable according to
provisions in 61.182.

Monitoring Requirements:

1)     Continuous monitoring system for measurement of opacity of arsenic trioxide and metallic
      arsenic process emission stream exiting from a control device.
2)     The monitoring system must comply with the provisions of 40 CFR 60.183(b),(c), and (d)
3)     Continuous monitoring system for measurement of inorganic arsenic concentrations in
      ambient air in accordance with 61.184.

Recordkeeping Requirements (at least two years):

1)     Records of all measurements as described in 61.185 (a).

2)     A log for each plant department maintained onsite which includes:

      •      Operating status of process, conveying and emission control equipment for
             each shift
      •      In the event of malfunctions or upsets, the following additional information shall
             be included:

                   Time of discovery
                   Description of malfunction or upset
                   Time corrective action was initiated
                   Description of corrective action taken

Inorganic Chemical Facilities                                                  CAA-39

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                   Time corrective action completed
                   Description of steps taken to reduce inorganic arsenic emissions
                   between time of discovery and time corrective action taken.

3)     Records of 6-minute average opadty levels for each control device.

4)     Records of ambient inorganic arsenic concentrations at all sampling sites and other data
       needed to determine these concentrations.

Reporting Requirements:

1)     Provision to the Administrator within 30 days of the effective date of Subpart P, a list of
       potential sources of inorganic arsenic.

2)     Submission of a plan for ambient air monitoring describing the monitoring network,
       sampling and analytical procedures and quality assurance within 45 days of the effective
       date.

3)     Submission of a plan for control of inorganic arsenic emissions as described in
       61.182(b)(l)-(5) within 90 days of the effective date, unless a waiver of compliance is
       granted by the Administrator.

4)     Report of a continuous monitoring system evaluation as described in 61.186 (a) within
       60 days of conducting the evaluation.

5)     Notification to the Administrator 30 days prior to the determination of a reference
       opacity level. Report of the reference level as described in 61.186(b)(2) within 30
       days of determining that level.

6)     Quarterly reports as described in 61.186 (f), and quarterly reports of excess opadty
       occurrences described in  61.186(b)(3)&(c).

6)     Semiannual progress reports as described in 61.86(d).

Testing Requirements:

All system evaluations are to be conducted in accordance with the requirements and
procedures specified in Performance Specification 1 of Appendix B of 40 CFR Part 60.
Inorganic Chemical Facilities                                                   CAA-40

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Applicability:
                                40 CFR Part 63- Subpart H
                                National Emissions Standards for Organic
                                Hazardous Air Pollutants for Equipment Leaks
                                -Monitoring 63.180
                                - Record keeping 63.181
                                -Reporting 63.182
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
                            40 CFR PART 63 - SUBPART H
     AFFECTED PROCESSES
                                     REGULATORY THRESHOLD
 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	
                       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
00
Inorganic Chemical Facilities
                                                                     CAA-41

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                           40 CFR PART 63 - SUBPART H
     AFFECTED PROCESSES
              REGULATORY THRESHOLD
 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
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	
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
Inorganic Chemical Facilities
                                              CAA-42

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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)
Inorganic Chemical Facilities                                                 CAA-43

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Inorganic Chemical Facilities                                                   CAA-44

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Applicability:
                               40 CFR Part 63 - Subpart Q
         new an exis ng         National Emission Standards for Hazardous
      industrial process
                              Air Pollutants for Industrial Process Cooling
                              Towers
      cooling towers (IPCTs)
      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).

Reporting Requirements (as per 63.405):

Initial notification, notification of compliance status (in accordance with Part 63, subpart A):
Table 1 of Subpart Q indicates general provisions applicability.
                                                                                I
Inorganic Chemical Facilities                                               CAA-45

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Inorganic Chemical Facilities                                                   CAA-46

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                              40 CFR Part 68
                              Chemical Accident Prevention Provision
Applicability:

Owners or operators of
stationary sources that have
more than a threshold
quantity of a regulated substance in a process, as determined under §68.115.


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.


Risk Management Plan Requirements: RMPS shall include:
                                                                                    00
- an executive summary describing elements of the RMP
- a single registration form covering all regulated substances
- worst-case release scenario information
- five-year accident history information
- emergency response program information
- certification statement
Inorganic Chemical Facilities                                                 CAA-47

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- 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.
Inorganic Chemical Facilities                                                CAA-48

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Applicability:

Any individual, corporate or
government entity that
produces, transforms, imports,
or exports these controlled
substances.
40 CFR 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.
                   January 1 of each year specified in
                   the regulations.
                   January 1, 2000 Qanuary 1, 2002, for
                   methyl chloroform)

                   January 1, 2030
                   Quarterly
 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.
                                                        00
                                                         S-J
                                                         5-H
Inorganic Chemical Facilities
                                              CAA-49

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                                   40 CFR PART 82
                  REQUIREMENTS
       EFFECTIVE DATE
 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.

 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.	
July 1,1992
July 13,1993
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
Inorganic Chemical Facilities
                           CAA-50

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       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 chemical 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 microbiologicals. For
each contaminant, the national primary
drinking water regulations establish
Safe Drinking Water Act

Public Water Supply Program	SDWA-1
Underground Injection Control Program SDWA-2
SDWA Assessment Considerations  ... SOW A-3
SDWA Regulatory Requirements	SDWA-4
Inorganic Chemical Manufacturing                                            SDWA-1

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Maximum Contaminant Level Goals (MCLGs) and Maximum 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.
Inorganic Chemical Manufacturing
SDWA-2

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        Class V:     Wells that use injection practices not included in the other classes.
                    Some Class V wells are technologically advanced wastewater disposal
                    systems 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 chemical 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.

Inorganic Chemical Manufacturing                                              SDWA-3

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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 permit application has been submitted in accordance with the Federal or State
requirements unless the fadlity 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 principal regulations developed pursuant to
the SDWA that may apply to the inorganic chemical 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.
Inorganic Chemical Manufacturing                                             SDWA-4

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                                 40 CFR Part 141
                                 National Primary Drinking Water Regulations
Applicable Subparts:

Public water systems
classifications applicable to
inorganic chemical
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
                               FREQUENCY
                          (COMMUNITY SYSTEM)
          FREQUENCY
      (NON-COMMUNITY)
 Inorganics
 Organics: except THMs
                         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
State option except for nitrate*
State option
Inorganic Chemical Manufacturing
                                                                          SDWA-5

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         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 have 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
Sodium
FREQUENCY
Systems using surface water: annually
Systems using groundwater only: every 3 years
Inorganic Chemicals Manufacturing
                                                       SDWA-6

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 Corrosivity includes those characteristics known to
 indicate corrosivity:
    •   pH
    •  Calcium hardness
    •  Total dissolved solids (IDS)
    •  Temperature
    •  Langelier Index
Once unless additional monitoring required by state or
EPA
Inorganic Chemical Manufacturing
                                     SDWA-7

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             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
                  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.
Inorganic Chemical Manufacturing
                                                 SDWA-8

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                                      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
Inorganic Chemical Manufacturing
                                                         SDWA-9

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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.
                                                                                    00
Inorganic Chemical Manufacturing
                                                 SDWA-10

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Inorganic Chemical Manufacturing                                          SDWA-11

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                             40 CFR Part 144
                             Underground Injection Control Program
Applicable Subparts:

Well classifications applicable
to inorganic chemical
manufacturers:
    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
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 1 44. 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)
• Plugging and abandonment report as required in 40
CFR 144.28(k)


EFFECTIVE DATE



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
Existing wells: No later than 4 years from
approval or promulgation of UIC program.
New wells: Reasonable time before construction
is expected to begin

Inorganic Chemical Manufacturing
                                                                      SDWA-12

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                                    40 CFR PART 144
                 REQUIREMENTS
EFFECTIVE DATE
 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.
Inorganic Chemical Manufacturing
                  SDWA-13

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            Federal Insecticide, Fungicide,
              and Rodenticide Act  (FIFRA)
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulates the manufacture,
distribution, sale, and use of pesticides to minimize risk to human health and the environment.
A pesticide is defined as any substance intended to prevent, destroy, repel, or mitigate pests.
Chemical facilities that produce pesticides or pesticide active ingredients are subject to FIFRA
and its implementing regulations, which are found at 40 CFR §§150-189. These regulations
are summarized below; however, the detailed requirements included in the applicable
regulations are presented  later in this appendix.  For the purposes of this manual, the term
pesticide includes pesticide active ingredients.  Specifically, FIFRA requires:

      *     All pesticides to be registered with EPA

      *     All manufacturers of pesticides to be registered with EPA, submit specific
            reports, and keep specific records.

Registration of Pesticides and Pesticide-Producing Establishments

Section 3 of FIFRA and the regulations at 40 CFR Part 152 state who may register a pesticide
and the procedures  and information necessary for registration. Basically, no pesticide can be
sold or distributed unless it is registered with EPA.  The party who registers the pesticide is
known as the registrant, and may be the manufacturer.  Any party seeking a registration for a
new pesticide product must submit an application for registration, which contains the
information specified in 40 CFR §152.50.  (40 CFR Part 158 specifies the types and minimum
amounts of data and information EPA requires to make regulatory judgements about the risks
and benefits of pesticides.)  All applications for  new registrations must be approved by EPA
before the product may legally be distributed or  sold. Exemptions to the registration
requirements are contained in 40 CFR §152.30.

Under Section 7 of FIFRA and 40 CFR Part 167, all pesticide-producing establishments must
register with EPA and
receive a registration        I
    .     ,n ,-,T.T. 01 ^^ n     The Federal Insecticide. Fungicide, and Rodenticide Act
number.  40 CFR §167.2	
identifies who must
register, the exact
information an
Registration of Pesticides and Pesticide-Producing Establishments FIFRA-1
FIFRA Assessment Considerations 	FIFRA-2
FIFRA Regulatory Requirements	FIFRA-3
Inorganic Chemical Manufacturing                                             FIFRA-1

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establishment must submit, and the required timeframes for registration. Specific reporting
requirements for pesticide-producing establishments (found at 40 CFR §167.85) include for
each pesticide produced, the amount (1) produced during the past year, (2) sold or
distributed during the past year, or (3) estimated to be produced during the current year.
These reports (called Annual Pesticide Production Reports) must be submitted to EPA annually
on or before March 1. 40 CFR §167.85 also identifies the specific recordkeeping
requirements with which the pesticide producer must comply. Additional recordkeeping and
reporting requirements for the pesticide producer are identified in 40 CFR Part 169.

In addition to the above requirements, FIFRA has stringent standards for the labeling and
packaging of pesticides. 40 CFR Part 156 identifies specific labeling requirements.  40 CFR
Part 157 identifies packaging requirements, including child-resistant packaging requirements
(Subpart B).

FIFRA  Assessment Considerations

Inorganic chemical manufacturers are not responsible for complying with the requirements of
FIFRA unless it produces a pesticide.  If a fadlity does produce a pesticide, it should have an
EPA Establishment Number. And, if it has an EPA Establishment Number, it should be
submitting an Annual Pesticide Production Report for each pesticide it produces.

Not all chemical facilities that produce a pesticide are necessarily registrants. A registrant is the
person who registers the pesticide with EPA prior to selling or distributing it. If the chemical
facility is the registrant of a specific pesticide, that pesticide must be registered with EPA and
have a registration number.

Most  facilities that produce pesticides are aware of the various registration processes they must
comply with.  However, it is the reporting and recordkeeping requirements that tend to be
overlooked. The facility must be certain it is complying with  all reporting requirements, not
just the Annual Pesticide Production Report. One of the regularly  overlooked requirements is
the child-resistant packaging reporting requirements at 40 CFR Part  157. Recordkeeping
requirements under FIFRA are extensive with retention times varying from 2 years up to 20
years. Again, a pesticide producer must ensure that it maintains all the records required by
regulation for the period of time required.  As mentioned, some of the records must be kept
for a period of 20 years; however, they can be transferred to EPA after 3 years.  A facility must
track these records carefully and ensure it has documentation regarding the transfer to EPA.
FIFRA Regulatory Requirements
Inorganic Chemical Manufacturing                                               FIFRA-2

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The following sections provide a summary of the principal regulations developed pursuant to
FIFRA that may apply to the inorganic chemical industry. These regulations include:

       *     40 CFR Part 152 - Pesticide Registration and Classification Procedure

       *     40 CFR Part 156 - Labeling Requirements for Pesticides and Devices

       *     40 CFR Part 157 - Packaging Requirements for Pesticide Devices

       *     40 CFR Part 167 - Registration Pesticide and Active Ingredient Producing
             Establishments

       >     40 CFR Part 167.85 - Submission of Reports for Pesticide and Active Ingredient
             Producing Establishment

       *     40 CFR Part 169 - Books and Records of Pesticide Production and Distribution
Inorganic Chemical Manufacturing                                                FIFRA-3

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Inorganic Chemical Manufacturing                                                FIFRA-4

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Affected Community:

Anyone wishing to legally
distribute or sell a pesticide

Applicability:
Prior to distributing or selling the pesticide

Requirements:

All pesticides must be registered with EPA
FIFRA-40CFRPartl52
Pesticide Registration and Classification
Procedures
                                                                            l!
Inorganic Chemical Manufacturing
                                      FIFRA-5

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Inorganic Chemical Manufacturing                                                FIFRA-6

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                               FIFRA-40CFRPartl56
                               Labeling Requirements for Pesticides and
                               Devices
Affected Community:

Producer or registrant of the
pestidde

Applicability:

Prior to distribution or selling

Requirements:

All pesticide products must bear a label containing the following information:

1)  name,  brand, or trademark under which the product is sold;
2)  name and address of the producer/registrant;
3)  net contents;
4)  product registration number;
5)  producing establishment number;
6)  ingredient statement;
7)  warning or precautionary statement;
8)  directions for use; and
9)  use classification (s)

The label must be approved by EPA prior to distribution of the product.
                                                                                10
Inorganic Chemical Manufacturing                                           FIFRA-7

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Inorganic Chemical Manufacturing                                                FIFRA-8

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                                FIFRA-40CFRPartl57
                                Packaging Requirements for Pesticides and
                                Devices
Affected Community:

Registrant of the pesticide

Applicability:

Certification:

•   When applying for registration or within 6 months of notification that the pesticide must
    be in child-resistant packaging.

Reporting:

•   When applying for registration or within 6 months of notification that the pesticide must
    be in child-resistant packaging.

Record Keeping:

•   As long as the registration of the pesticide is in effect

Requirements:

Pesticides meeting the requirements of §157.22 must be packaged in child-resistant packaging
for distribution or sale.

Certification:

•   Certify that the package meets the standards of §157.32

Reporting:

•   A certification statement containing:

    -  name and EPA registration number of the product to which the certification applies,
    -  registrant's name and address,
    -  date,
    -  name, title, and signature of the company official making the certification, and
    -  a statement that the packaging meets the established effectiveness, compatibility, and       i
      durability standards
Inorganic Chemical Manufacturing                                              FIFRA-9

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Record Keeping:

•   A description of the package including:

    -  the dimension and composition of container and
    -  the closure or child-resistant mechanism

•   Copy of the certification statement (see above)

•   One of the following types of records verifying the package is child-resistant:

    -  test  data based on established protocol;
    -  test  data, not based on established protocol, or measurements of the package and an
       explanation as to why the  data or measurements demonstrate the package is child
       resistant;
    -  test  data on a different package and an explanation of why the data demonstrate the
       package is child resistant, or
    -  written evidence indicating testing was conducted in conformance with the established
       protocol

•   Records verifying the package meets the established compatibility and durability standards
Inorganic Chemical Manufacturing                                               FIFRA-10

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                            FIFRA-40CFRPartl67
                            Registration of Pesticide and Active Ingredient
                            Producing Establishments
Affected Community:

Any pesticide-producing
establishment

Applicability:
Prior to any pesticide production at the facility

Requirement:

Any establishment where a pesticide is produced must be registered with EPA
                                                                            §
                                                                           •
                                                                           •-a
                                                                            to
Inorganic Chemical Manufacturing
                                                                 FIFRA-11

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Inorganic Chemical Manufacturing                                               FIFRA-12

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                              FIFRA  -  40 CFR Section 167.85
                              Submission of Pesticide Reports for Pesticide
                              and Active Ingredient Producing
                              Establishments
Affected Community:

Each pesticide producer
operating an establishment

Applicability:
Initial report no later than 30 days after the first registration and annually thereafter, on or
before March 1

Requirement:

Each pesticide producer operating an establishment must submit a report, using a form
supplied by EPA, containing the following information:

    •  name and address of the establishment, and
    •  the amount of each pesticide

          produced during the past year,
          sold or distributed during the past year, and
          estimated to be produced during the current year
                                                                                §
                                                                                "

                                                                               10
                                                                               00
                                                                                §
                                                                                •
                                                                               l!
Inorganic Chemical Manufacturing
                                                                      FIFRA-13

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Inorganic Chemical Manufacturing                                               FIFRA-14

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                             FIFRA-40CFRPartl69
                             Books and Records of Pesticide Production
                             and Distribution
Affected Community:

All producers of pesticides

Applicability:
Retention of records from 2 years to 20 years

Requirement:

Maintain the specific records identified in §169.2 and provide access to authorized
representatives to review and to copy records required to be maintained.
                                                                            0}
                                                                            l!
Inorganic Chemical Manufacturing
                                                                  FIFRA-15

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Inorganic Chemical Manufacturing                                               FIFRA-16

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                  nResource 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 chemical 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 incinerators 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 applicable to the
chemical 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
Inorganic Chemical Manufacturing                                            RCRA-1

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  Exhibit RCRA-1. RCRA Statutes and Regulatory Requirements for Inorganic
                                  Chemical 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
Inorganic Chemical Manufacturing
                                        RCRA-2

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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.

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 inorganic chemical industries 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
Inorganic Chemical Manufacturing
RCRA-3

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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 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 capadty  (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:
Inorganic Chemical Manufacturing                                               RCRA-4

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       >      Manifest requirement
       *      Exception report—when generator does not receive a copy of the signed
             manifest from the TSD facility
       *      Biennial/annual report
       >      Personnel training
       *      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 facility 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).
Inorganic Chemical Manufacturing                                              RCRA-5

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           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
                      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
Inorganic Chemical Manufacturing
RCRA-6

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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, incinerators, 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.

Inorganic Chemicals Manufacturing                                              RCRA-7

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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 chemical 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).
Inorganic Chemicals Manufacturing                                               RCRA-8

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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
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 dedsion 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 agendes
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.
Inorganic Chemicals Manufacturing                                              RCRA-9

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                    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
Inorganic Chemicals Manufacturing
RCRA-10

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       *      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
chemical  facility and how these wastes are managed. Chemical facilities' 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
Inorganic Chemicals Manufacturing                                             RCRA-11

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regulations for generators of hazardous waste, closure and post-closure plans and
requirements, and land disposal requirements for generators.

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 inorganic chemical 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)
Inorganic Chemicals Manufacturing                                             RCRA-12

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                                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
                                                                                     10
Inorganic Chemicals Manufacturing
                                                                       RCRA-13

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                         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
Inorganic Chemicals Manufacturing
                                RCRA-14

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                                 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
Inorganic Chemicals Manufacturing
                                              RCRA-15

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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






Inorganic Chemicals Manufacturing
RCRA-16

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          40 CFR PART 262 - HAZARDOUS WASTE GENERATOR REQUIREMENTS
      REQUIREMENTS
     DESCRIPTION

Must comply with all other
generator standards in 40
CFR Part 262
AFFECTED FACILITY
Inorganic Chemicals Manufacturing
                                           RCRA-17

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Inorganic Chemicals Manufacturing                                              RCRA-18

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                                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.
                                                                                    00
Inorganic Chemicals Manufacturing
                                            RCRA-19

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Inorganic Chemicals Manufacturing                                              RCRA-20

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                                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
                                                      10
                                                                                     I
Inorganic Chemicals Manufacturing
                                            RCRA-21

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                       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
Inorganic Chemicals Manufacturing
                                              RCRA-22

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                       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
Inorganic Chemicals Manufacturing
                                              RCRA-23

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Inorganic Chemicals Manufacturing                                              RCRA-24

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                                   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.
           *5
           5
                                                                                            ^h
Inorganic
Manufacturing
RCRA-25

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                  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.
Inorganic Chemicals Manufacturing
                                                  RCRA-26

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                                  40 CFR 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
Inorganic Chemicals Manufacturing
                                              RCRA-27

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       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
Inorganic Chemicals Manufacturing
                                                RCRA-28

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                                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)
                      00
                      c\a
                                                                                     ^h
Inorganic Chemicals Manufacturing
                                                                           RCRA-29

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       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.
Inorganic Chemicals Manufacturing
                                                         RCRA-30

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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

Inorganic Chemicals Manufacturing
RCRA-31

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Inorganic Chemicals Manufacturing                                              RCRA-32

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     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 inorganic chemical
manufacturing facilities. 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,
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-Know EPCRA-2
Toxic Chemical Release Inventory  	  EPCRA-2
EPCRA Assessment Considerations 	  EPCRA-3
EPCRA Regulatory Requirements	  EPCRA-4
Inorganic Chemicals Manufacturing                                          EPCRA-1

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that 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, inorganic chemical 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 inorganic chemical 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 inorganic chemical
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. Fadlities 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,
sampling connections, etc., (2) evaporative losses from surface impoundments and spills; (3)

Inorganic Chemicals Manufacturing                                            EPCRA-2

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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.

Inorganic chemical 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 inorganic chemical
manufacturing fadlity, activities will focus primarily on reporting and recordkeeping.  The
Form R is the highest profile reporting requirement under EPCRA.  If the inorganic chemical
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 specific studies or analyses, the information submitted may be based

Inorganic Chemicals Manufacturing                                              EPCRA-3

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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 principal regulations developed pursuant to
EPCRA that may apply to the inorganic chemical 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
Inorganic Chemicals Manufacturing                                             EPCRA-4

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                                  40 CFR 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.
                                                                                         00
Inorganic Chemicals Manufacturing
                                   EPCRA-5

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Inorganic Chemicals Manufacturing                                              EPCRA-6

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                                 40 CFR 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.

 •  § 3 5 5.3 0 (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.
                                                                                       10
                                                                                       10
                                                                                       00
Inorganic Chemicals Manufacturing
                                  EPCRA-7

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                     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.
Inorganic Chemicals Manufacturing
                                   EPCRA-8

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                              40 CFR Part 370
                              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. §370.2 l(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 fadlity 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)

Upon request by the SERC, LEPC, or local fire department, the facility must submit Tier II
information.
_
Inorganic Chemicals Manufacturing                                          EPCRA-9

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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.
Inorganic Chemicals Manufacturing                                         EPCRA-10

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                                  40 CFR 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.
                                                                                           00
Inorganic Chemicals Manufacturing
                                  EPCRA-11

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                             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.
Inorganic Chemicals Manufacturing
                           EPCRA-12

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                 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.
Inorganic Chemicals Manufacturing
                           EPCRA-13

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Inorganic Chemicals Manufacturing                                             EPCRA-14

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                 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.  The following sections
emphasize how the program is
implemented with the specific
requirements and compliance dates.
Clean Water Act:

Effluents Limitations Guidelines and Categorical
Pretreatment Standards  	 CWA-2
NPDES Program	 CWA-3
Pretreatment Program 	 CWA-8
Policy on Effluent Trading in Watersheds 	  CWA-10
Spills of Oil and Hazardous Substances	  CWA-10
Oil Pollution Prevention  	 CWA-11
Reportable Quantities for Hazardous
Substances  	 CWA-11
CWA Assessment Considerations 	 CWA-12
CWA Regulatory Requirements  	 CWA-13
Inorganic Chemical Facilities
                                        CWA-1

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                Exhibit CWA-1. CWA and Regulatory Requirements for
                             Inorganic Chemical Facilities
                                          Clean Water Act

                         (Federal Water Pollution Control Act of 1972, as amended)
                    NPDES Program

                  40 CFR Parts 122-125

          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 (40 CFR 405-471)

      •   Cooling water discharges	
          Oil and Hazardous Substances

                40 CFR Part 110
                40 CFR Part 112
            40 CFR Parts 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
   Regulates municipal wastewater treatment plant
   discharges

   •   Requires implementation of municipal
       pretreatment programs (40 CFR Part 403)

   •   Individual control mechanism (i.e., permit)
       issued by municipality to all facilities regulated
       by categorical pretreatment standards
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
Less frequently, but still of potential applicability,
effluent limitations also exist for Fertilizers (Part
418), Phosphate Manufacturing (Part 422), Paint
Formulating (Part 446), Ink Formulating (Part 447).
Inorganic Chemical Facilities
                                         CWA-2

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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 Manufacturing Point Source Category for Inorganic Chemicals (Part 415), chemical
manufacturers may also be subject to regulations for Fertilizer Manufacturing (Part 418),
Phosphate Manufacturing (Part 422), Paint Formulating (Part 446) and Ink Formulating (Part
447). These standards may limit any pollutant, but emphasize the control of the 126 toxic
pollutants designated by EPA as "priority pollutants." Although chemical facilities  may produce
both organic and inorganic chemicals, this document focuses on inorganic chemical
manufacturers.

In general, wastewater from inorganic chemical  facilities is regulated by  40 CFR Part 415
regulations (i.e., Effluent Limitations Guidelines, Pretreatment Standards, and New Source
Performance Standards) but may also be regulated by one or more of the industry-specific
CFR Parts identified above.  These regulations apply to process wastewater discharged from
inorganic chemical facilities.  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 fadlity discharges to a POTW that
is not authorized to implement and enforce the  pretreatment program, the fadlity will
generally not 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.

The 40 CFR Part 415 regulations set effluent limitation guidelines for 47 inorganic chemical
production subcategories.  Federal effluent limitation guidelines, categorical pretreatment
standards, and new source performance standards set numerical concentration-based
limitations for various pollutants, depending on the applicable subcategory.

NPDES Program

NPDES permits, issued by either EPA or an authorized State (EPA has authorized 41 States
and territories, as identified in Exhibit CWA-2, to issue permits), contain 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 waters 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
chemical facilities that include process, non-process, and storm water conditions or these may
be in separate permits.
Inorganic Chemical Facilities                                                     CWA-3

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                                            The terms process, non-contact cooling
                                            water, and industrial activity (as it applies to
                                            the storm water regulations) are defined in 40
                                            CFR 401.11(q), 401.11(n), and 122.44(b)
                                            respectively.
EPA issues two types of NPDES permits,
individual and general. An individual permit
is a permit tailored for a specific 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 chemical
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 facility
where the Director determines that no
other change in the permit is necessary,
                                            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.
Inorganic Chemical Facilities
                                                                               CWA-4

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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.
Inorganic Chemical Facilities                                                   CWA-5

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                       Exhibit CWA-2.  State NPDES Program Approval Status
State
Alabama
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Illinois
Indiana
Iowa
Kansas
Kentucky
Maryland
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New York
North Carolina
North Dakota
Ohio
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
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
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
41
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
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
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
35
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
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
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
	
29
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
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
40
 Number of Fully Authorized Programs (Federal Facilities, Pretreatment, General Permits) = 26
 * New with phased Federal facilities & storm water programs by 2000.
Inorganic Chemical Facilities
CWA-6

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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
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
commencing 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 an inorganic chemical facility include:

       Form                           Title                           Regulation
                                                                         Cite
         1       General Information                                   122.21(1)
        2C      Existing manufacturers                                 122.21(g)
        2D      New manufacturers                                   122.21(k)
         2E       Manufacturers that only discharge non-process           122.21(h)
                 wastewater
         2F       Storm water discharges associated with industrial         122.26(d)
                 activity and consistent with the requirements of
                 122.26(c)

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:
              PP                            All chemical manufacturing facilities are also
Operation and maintenance
Effluent limitations
Monitoring and recordkeeping
Reporting
Bypass restrictions
Upset provisions
Other standard conditions.
                                            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).
Inorganic Chemical Facilities                                                     CWA-7

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For inorganic chemical facilities considered by this guidance (SIC code 281), both maximum
daily and average monthly discharge permit limitations are set for each outfall based on the
Part 415 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 Species 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 municipal 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 municipal 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, chemical facilities discharge to POTWs that are authorized to implement
and enforce the pretreatment requirements through an approved pretreatment program.

Inorganic Chemical Facilities                                                   CWA-8

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Where this occurs, the fadlity is required to abide by the terms of a POTW-issued control
mechanism (e.g., permit) and the 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 chemical facility has an
independent obligation to comply with applicable Federal and State requirements.

Some chemical  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 inorganic
chemicals industry that does not produce organic chemicals, pesticide active ingredients, or
pharmaceutical products will generally be regulated by the standards at 40 CFR Part 415.

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

Inorganic Chemical Facilities                                                     CWA-9

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program, and 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(g)(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 agendes, and the public)
recommendations and insights on draft portions of the trading policy prior to implementation.
Fadlities 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

Inorganic Chemical Facilities                                                   CWA-10

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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 or that which may affect natural resources under the jurisdiction of the
United States in such quantities that may be harmful to the public health or welfare of the
United States. EPA has determined that such harmful discharges of oil include those which
violate applicable water quality standards, or 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 non-transportation related onshore and offshore 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. Standards for the preparation and implementation of a SPCC
Plan are set out  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

Under Section 311(b) of the Federal Water Pollution Control Act,  EPA promulgated rules
which designate hazardous substances and the reportable quantity  (RQ) of hazardous
substances, respectively (40 CFR Parts 116 and 117).  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 in compliance with an NPDES permit or a Part 404
Wetlands (dredge and fill)  permit. RQs for specific chemicals are listed  in 40 CFR §117.3.

Inorganic Chemical Facilities                                                   CWA-11

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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 also 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.

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, 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 fadlity 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
some chemical facilities, a wastewater sample collected on a given day may not be a fair
estimate of typical facility operations. The 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
Inorganic Chemical Facilities                                                   CWA-12

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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 fadlity 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 facility. As part of the pretreatment program, the facility may be required to
implement a spill and slug control plan concurrent with the SPCC plan and reportable
quantities regulation.

CWA Regulatory Requirements

The following section provides a summary of the principal regulations developed pursuant to
the CWA that are applicable to the inorganic chemical industry.  The regulations included are:

       *    40 CFR Part 415 - Manufacturing Point Source Category for Inorganic Chemicals

       >    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., fadlities 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.)
Inorganic Chemical Facilities                                                   CWA-13

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Applicability:

Discharges and the introduction
of pollutants into POTWs
resulting from the production of
various inorganic chemicals.
40 CFR Part 415
Inorganic Chemicals Manufacturing Point
Source Category As Administered through 40
CFR Part 403.
General Pretreatment Regulations for Existing and New Sources
of Pollution
                       40 CFR PART 415 - INDIRECT DISCHARGERS
                REQUIREMENTS
                       COMPLIANCE DATES
 Discharge Limitations (existing and new sources):
     •  Effluent limitations for pollutants specified in
       particular subparts.
     •  Under several subparts, new sources are
       prohibited from discharging process
       wastewater. Discharge of process
       wastewater is allowable under some of these
       subparts under the following conditions:

 •    Prohibited discharge standards (general and
     specific) in 40 CFR 403.5

 •    Applicable local limits

 Relates to May 2, 1995, proposed rule:
     - Priority and non-conventional pollutants
       limits at in-plant and end-of-pipe monitoring
       points (Subparts A, B)

 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)
             New sources must comply upon date of
             operation, as required by permit:

             July 20,1980, for subparts:
                 A  Aluminum Chloride Production
                 B  Aluminum Sulfate Production
                 L  Potassium Dichromate Production
                 AL  Ferric Chloride Production
                 AR Lead Monoxide Production
                 BA Silver Nitrate Production
                 BC Sodium Fluoride Production

             August 22,1987, for subparts:
                 AJ  Copper Salts Production
                 AU  Nickel Salts Production
                 BL  Cadmium Pigments and Salts
             Production
                 BM Cobalt Salts Production
                 BN Sodium Chlorate Production
                 BO Zinc Chloride  Production

             June 29, 1985, for discharges  from copper
             sulfate or nickel sulfate manufacturing
             operations and for all other subparts in
             415 listed above.

             BMRs from existing sources due within 180
             days of effective date of categorical
             pretreatment standard (June 9, 1984, for
             current regulations)

             BMRs from new sources are due 90 days
             prior to commencement of discharge	
Inorganic Chemical Facilities
                                            CWA-14

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                       40 CFR PART 415 - INDIRECT DISCHARGERS
                 REQUIREMENTS
          COMPLIANCE DATES
     Compliance Schedule Progress Reports -
     containing the information required under 40
     CFR403.12(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.

     Dischargers not using or generating cyanide may
     certify in lieu of monitoring.

 •    Notice of Potential Problems Including Slug
     Loadings

 •    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  POTW 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  Notice within 24 hours, results of
     resampling within 30 days

 One time notification, unless changes to discharge
Due within 14 days of completing
compliance schedule milestone or due date
Due within 90 days following date for final
compliance (10/27/86 under current
regulations) or for new sources following
the commencement of introduction of
wastewater to the POTW

Must be submitted at least semiannually
Due to the POTW immediately upon
identification of discharges that could cause
problems to the POTW
Prompt notification in advance of any
substantial change
Inorganic Chemical Facilities
                                CWA-15

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Applicability:

Discharges and the introduction
of pollutants into POTW's
resulting from the production of
various inorganic chemicals.
40 CFR Part 415
Inorganic Chemicals Manufacturing Point
Source Category As Administered through 40
CFR Part 122.
EPA Administered Permits Program
The National Pollutant Discharge Elimination System
                       40 CFR PART 415 - DIRECT DISCHARGERS
                REQUIREMENTS
                       COMPLIANCE DATES
 Discharge Limitations:
     •  Applicable BPT, BAT, BCT, NSPS and
       discharge limitations (depending on subpart)
       for pH, TSS and other elements and
       compounds.
     •  Under several subparts, discharge of process
       wastewater is prohibited.  Under some of
       these, discharge is allowable under the
       following conditions:
       - in the case of a 2 5-year 2 4-hour rainfall
         event, if the process wastewater
         impoundment was designed to hold water
         from the event, the precipitation which falls
         in excess of the 25-year 24-hour rainfall
         amount (according to NOAA) may be
         discharged in that event.
       - during a calendar month, the volume a
         process wastewater equal to the difference
         between precipitation falling in the
         impoundment and evaporation such
         discharges must not applicable standards as
         specified in that subpart.
 Relate to May 2, 1995, proposed rule:
     -  BPT end-of-pipe limits for BOD, TSS, COD,
       and pH  (Subparts A, B, C, D)	
             New sources must comply upon date of
             operation, as required by permit:

             Existing Sources: Date source begins
             operation as required by permit.

             July 20,1980, for subparts:
                 A  Aluminum Chloride Production
                 B  Aluminum Sulfate Production
                 L  Potassium Dichromate Production
                 AL  Ferric Chloride Production
                 AR Lead Monoxide Production
                 BA Silver Nitrate Production
                 BC Sodium Fluoride Production

             August 22,1987, for subparts:
                 AJ Copper Salts Production
                 AU Nickel Salts Production
                 BL  Cadmium Pigments and Salts
             Production
                 BM Cobalt Salts Production
                 BN Sodium Chlorate Production
                 BO Zinc Chloride Production

             June 29, 1985, for discharges from copper
             sulfate or nickel sulfate manufacturing
             operations and for all other subparts in 415
             listed above.

              Compliance with specific permit limitations
             upon effective date of the permit.
Inorganic Chemical Facilities
                                            CWA-16

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                        40 CFR PART 415 - DIRECT DISCHARGERS
                 REQUIREMENTS
          COMPLIANCE DATES
     -   BPT, BAT, or NSPS cyanide limits at in-plant
        monitoring points (Subparts A,C)
     -   BAT or NSPS end-of-pipe limits for priority
        and nonconventional pollutants (Subparts A,
        B, C, D)
     -   BOD, COD and TSS limits based on
        required removal efficiencies and allowable
        pH range (Subpart E)

     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(1), (g), and (k)
     (application requirements for new sources and
     new discharges). Permit applications are to be
     submitted 180 days prior to the commence-
     ment of discharge. Applications for permit
     renewal are required to be submitted 180 days
     before the existing permit expires.

     Planned Changes - notification to the Director
     as soon as possible of any planned physical
     alteration or addition that meets the criteria in
     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.
Permit applications are to be submitted 180
days prior to the commencement of
discharge for new sources and 180 days
before the existing permit expires for
existing sources.
As soon as possible, when applicable.
In advance of changes, when needed.
At least annually or more frequently by
permit.
Inorganic Chemical Facilities
                                CWA-17

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                         40 CFR PART 415 - DIRECT DISCHARGERS
                 REQUIREMENTS
          COMPLIANCE DATES
 Permittees not using or generating cyanide may
 certify in lieu of monitoring.

 •    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, group
     permit applications, or general permit
     applications
     - Individual permit applications must include
       the information in 122.26(c)(l)

     - Group permit applications requirements are
       identified in 122.26(c)(2)

     - 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
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
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.

Part 1 applications were due on September
30,1991 and Part 2 applications were due
on October 1,  1992.

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.
Inorganic Chemical Facilities
                                 CWA-18

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                                   40 CFR Part 110
                                   Discharge of Oil
Applicability:

Prohibited discharges include
certain discharges to U.S.
Navigable water, to adjoining
shorelines, or to waters of the contiguous zone, occurring in connection with activities under
the Outer Continental Shelf Lands Act or the Deepwater Port Act, or those that may affect
U.S. natural resources.

May be applicable to inorganic chemical 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 of any
        discharge of oil in violation of the
        prohibition at (800) 424-8802 or (202) 426-
        2675 in the Washington, DC,metropolitan
        area.
                                                                                            I
Inorganic Chemical Facilities
                                                                                CWA-19

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                                    40 CFR Part 112
                                    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 capacity of < 42,000 gallons; and

              Storage capadty that is not buried < 1,320 gallons, with no single container
              capacity > 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

 Certain non-transportation related onshore facilities
 which could reasonably be expected to cause
 substantial harm to the environment may also be
 required to implement the following provisions:

 •      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:

                                               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
Inorganic Chemical Facilities
                                                                                   CWA-20

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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.
40 CFR Part 116 and 117
Designation of Hazardous Substance and 40
CFR Part 117 Determination of Reportable
Quantities for Hazardous Substances
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.
Inorganic Chemical Facilities
                                       CWA-21

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  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, with several exclusions.  Namely, pesticides, tobacco and
tobacco products, nuclear material and byproducts, food, food additives, drugs, cosmetics, or
devices (as defined in Section 201 of the  Federal Food, Drug, and Cosmetic Act) are not
subject to TSCA requirements.

While TSCA is composed of four Titles, the inspection 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 chemical 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 laboratories to
follow.  The rules establish
procedures for gathering
information, developing and
implementing test rules or
Toxic Substances Control Act (TSCA)

Testing - §4	 TSCA-1
Premanufacture Notice Requirements - §5 	 TSCA-3
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-6
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
Inorganic Chemicals Manufacturing
                                          TSCA-1

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  Exhibit TSCA-1. TSCA Statutes and  Regulatory Requirements for Inorganic
                                  Chemical 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
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.

Also pursuant to §4, as well as §8, are the Federal regulations at 40 CFR Part 766. This part
identifies testing and reporting requirements for facilities that manufacture (and/or import) or
process specific chemical substances identified in 40 CFR §766.25 or a chemical substance
from a precursor chemical substance identified in 40 CFR §766.38. EPA has found that these
specific chemical substances may be contaminated with halogenated dibenzodioxins or
dibenzofurans.  The applicable TSCA titles and the regulations developed pursuant to TSCA
are illustrated in Exhibit TSCA-1 and are discussed below.
Inorganic Chemicals Manufacturing
                                                        TSCA-2

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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.

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 commendng
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(f) 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 commencing 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 chemical 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).  Chemical 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. Chemical facilities that submit a SNUN are required to maintain SNUN
documentation for at least 5 years.
Inorganic Chemicals Manufacturing                                             TSCA-3

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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.

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
chemical 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 chemical  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 acid,
triethanolamine salt of a tricarboxylic acid, and tricarboxylic add.

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

Inorganic Chemicals Manufacturing                                              TSCA-4

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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.

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.
Inorganic Chemicals Manufacturing                                              TSCA-5

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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.

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 incident 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)

Chemical 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,

Inorganic Chemicals Manufacturing                                               TSCA-6

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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 chemical facility that (1) manufactures, imports, processes, or distributes in commerce a
chemical substance or mixture, and (2) obtains information that reasonably supports the
conclusion that such substance or mixture presents a substantial risk of injury to health or the
environment, must 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 chemical
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, chemical 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
Inorganic Chemicals Manufacturing                                              TSCA-7

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       >      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.

TSCA Assessment Considerations

TSCA regulations focus specifically on manufacturing, importing, or processing chemical
substances and mixtures, making this statute of primary importance to chemical facilities.  A
self-assessment of a chemical fadlity 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 Control Act §§5/8 Inspection Guidance, U.S. EPA, November 1992, is an
excellent industry-specific resource when evaluating compliance with Title I requirements at
chemical 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 facility as opposed to the specific
manufacturing plant submitting this information. It is also  important for the assessment to
ascertain from facility representatives if the chemical facility 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 fadlity rather than attempting to evaluate compliance with all requirements.
For example,  inorganic chemical manufacturers 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

Inorganic Chemicals  Manufacturing                                              TSCA-8

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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
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 principal regulations developed pursuant to
TSCA that are applicable to the inorganic chemical 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

Inorganic Chemicals Manufacturing                                             TSCA-9

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            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

            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
Inorganic Chemicals Manufacturing                                           TSCA-10

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Affected Facility:
                               Parts  790-
Persons that manufacture or        ±clli:>  ' ^u
                               TSCA 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:                                                            O^

                                                                                  £>
1)  Chemicals listed in 40 CFR 799                                                    ^
                                                                                  o
2)  Also, dibenzo-para-dioxins and dibenzofurans (40 CFR 766)                             O}
                                                                                  l^
Requirements:                                                                  t^
                                                                                  c?
1)  Submit letter of intent to conduct testing or exemption application no later than 30 days      ^
    of date of test rule                                                               ^

2)  If a letter of intent is submitted, conduct tests listed in 40 CFR 799 for appropriate           ^
    substance                                                                      O
                                                                                  ^h
3)  If testing is conducted, comply with Good Laboratory Practice Standards (40 CFR 792),       '
    including retention of records for 10 years                                            ""sh

                                                                                  §
                                                                                  -C3
Inorganic Chemical Manufacturing                                           TSCA- 11

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Inorganic Chemical Manufacturing                                             TSCA-12

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Affected Facility:
                             Part 720
Persons who intend to
                              TSCA Section 5(a)(l) - 40 CFR
                             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

Requirements:
                                                                               ^
1) Submit Premanufacture Notification (PMN) at least 90 days before manufacture or import

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
                                                                               i
Record Keeping Requirements:                                            -— N

Keep records  described in 40 CFR 720.78 for 5 years                                  - — N
                                                                              §
                                                                              -C3
Inorganic Chemical Manufacturing                                         TSCA- 13

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Inorganic Chemical Manufacturing                                             TSCA-14

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Affected Facility:
TSCA Section 5(a) (2)  -  40 CFR
                              Pxrt 79}
Persons who:                   rdlL '^±
                              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 721.45
                                                                              ^ — i
Affected Chemicals:                                                         c\i

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)

Record  Keeping Requirements:

5 years                                                                        ^C^J
                                                                              10

                                                                              §
                                                                              -C3
Inorganic Chemical Manufacturing                                         TSCA- 15

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Inorganic Chemical Manufacturing                                             TSCA-16

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                              TSCA Section 5 (e)(c)
                              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
                                                                                §
                                                                                -C3
Inorganic Chemical Manufacturing
                                                                     TSCA-17

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Inorganic Chemical Manufacturing                                             TSCA-18

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Affected Facility:
TSCA  Section 5(1)
                               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)
                                                                                   §
                                                                                  -C3
Inorganic Chemical Manufacturing                                           TSCA-19

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Inorganic Chemical Manufacturing                                             TSCA-20

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Affected Facility:
TSCA Section 6 - 40 CFR Parts
Persons engaged in, or            747>  749>  750>  762> 763
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

•   40 CFR Part 763 - Asbestos                                                       C\


Date of Applicability

Varies based on rule.
                                                                                 O}
                                                                                 ^h
Exemptions:                                                                   ^
                                                                                 NT
None

Affected Chemicals:

As stated in order or rule. Includes:

    •  PCBs (40 CFR 761)
    •  Fully halogenated Chlorofluoroalkanes (40 CFR 762)
    •  Asbestos (40 CFR 763)
    •  Metalworking fluids (40 CFR 747)
    •  Hexavalent chromium (e.g., sodium dichromate) (40 CFR 749)

                                                                                 §
                                                                                 '
Inorganic Chemical Manufacturing                                          TSCA-21
                                                                                 QJ

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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
Inorganic Chemical Manufacturing                                               TSCA-22

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                            TSCA Section 8(a) - 40 CFR


                            Part 704


                            Reporting and Requirements

                            SubpartA - General Provisions

                            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
                                                                           I
                                                                           oo

                                                                            §
                                                                           -C3
Inorganic Chemical Manufacturing
                                                                 TSCA-23

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Inorganic Chemical Manufacturing                                             TSCA-24

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                              TSCA Section 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
                                                                               t!
                                                                               00
                                                                               §
                                                                               -C3
Inorganic Chemical Manufacturing
                                                                    TSCA-25

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Inorganic Chemical Manufacturing                                             TSCA-26

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Affected Facility:
                              Part 710
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:
-

Any chemical on TSCA Inventory.

Reporting Requirements:

Initial and recurring (every  4 years) reporting to TSCA Inventory

Record Keeping Requirements:

1)  All TSCA Inventory data submissions and records that document submission
    information (kept for 4 years after reporting period)

2)  Site-specific production or import records to verify reporting exemption                 , — N

                                                                              ocT

                                                                               §
                                                                              -C3
Inorganic Chemical Manufacturing                                         TSCA-27

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Inorganic Chemical Manufacturing                                             TSCA-28

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                             TSCA Section 8(c)  - 40 CFR
                             Part 71 7
                             Records and Reports of Allegations that
                             Chemical Substances Cause Significant
                             Adverse Reactions to Health or the
                             Environment
Affected Facility:

Manufacturers and processors
meeting criteria in 40 CFR
717.5

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

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.
                                                                             t!
                                                                            ^d
                                                                            00
                                                                             §
                                                                             -C3
Inorganic Chemical Manufacturing
                                                                   TSCA-29

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Inorganic Chemical Manufacturing                                             TSCA-30

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Affected Facility:
                              Part 71fi
Persons who, from 10 years       I ai L '  ±{J
                              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 71 6. 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

3)  10 -year continuing obligation to report certain information

Record Keeping Requirements:

None

                                                                              00
                                                                               §
                                                                               -C3
Inorganic Chemical Manufacturing                                         TSCA-31

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Inorganic Chemical Manufacturing                                             TSCA-32

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                              TSCA Section  8(e)  - 43 Federal
                              Register 11110 Policy Statement
Affected Facility:

Manufacturers, importers,
processors, and distributors

Date of Applicability:

•   Statute:

    -  January 1977

•   Policy Statement:

    -  March 1978

Affected Chemicals:

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:                                                                •&
                                                                                 or
•   Substantial risk to health or environment information reported immediately:

    -  Emergency - within 24 hours (oral)
    -  Nonemergency - within 15 working days (written)
                                                                                00
                                                                                oo
                                                                                 §
                                                                                '-C3
                                                                                S
Inorganic Chemical Manufacturing                                          TSCA-33

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Inorganic Chemical Manufacturing                                             TSCA-34

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Affected Facility:

Persons who export or intend
to export a chemical substance
for which:
TSCA  Section  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
                                                  t!
                                                  1
                                                  t!
                                                  I
                                                   §
                                                  -C3
Inorganic Chemical Manufacturing
                                       TSCA-35

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Inorganic Chemical Manufacturing                                             TSCA-36

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Affected Facility:

Importers

Date of Applicability:
TSCA Section 13-40 CFR

Part 707
Chemical Imports and Exports
Subpart B: (General Import Requirements and Restrictions),
§707.20 Chemical Substance Import Policy (referring to 19 CFR
Parts 12 and 127 (U.S. Customs Service)
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
                                                t!
                                               1
                                                                            t!
                                                                            I
                                                                             §
                                                                             -C3
Inorganic Chemical Manufacturing
                                     TSCA-37

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Inorganic Chemical Manufacturing                                             TSCA-38

-------