June 2019
Summary Report: Federal and State
Environmental Regulations and Voluntary
Programs in Place to Address CERCLA Hazardous
Substances at Facilities in the Electric Power
Generation, Transmission, & Distribution Industry
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TABLE OF CONTENTS
Table of Contents i
Introduction 1
Methodology 2
Summary 6
Section I. Federal and State Environmental Regulations 10
A. Air Pollution 11
B. Water Pollution 18
C. Emergency Planning and Response 24
D. Hazardous Substances Management 34
E. Hazardous and Non-Hazardous Waste Disposal and Management 42
F. Effectiveness of Federal and State Environmental Regulations 50
Section II. Industry Voluntary Programs 57
A. Programs Summary 57
B. Effectiveness of Industry Voluntary Programs 62
Appendix I. State Sample Methodology 72
Coal-Fired Utility Plants 72
Appendix II. Federal Environmental Regulations 77
Table A. Federal Environmental Regulations Relevant to Electric Power Generation,
Transmission, and Distribution Facilities 78
B. Federal Environmental Regulations Relevant to Nuclear Power Generation Facilities
147
Appendix III. State Environmental Regulations 150
Table A. Florida: State Environmental Regulations Relevant to Fossil Fuel Electric
Power Generation Facilities 151
Table B. Illinois: State Environmental Regulations Relevant to Fossil Fuel Electric Power
Generation Facilities 165
Table C. Indiana: State Environmental Regulations Relevant to Fossil Fuel Electric
Power Generation Facilities 180
Table D. Iowa: State Environmental Regulations Relevant to Fossil Fuel Electric Power
Generation Facilities 188
Table E. Kentucky: State Environmental Regulations Relevant to Fossil Fuel Electric
Power Generation Facilities 202
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Table F. Michigan: State Environmental Regulations Relevant to Fossil Fuel Electric
Power Generation Facilities 209
Table G. Minnesota: State Environmental Regulations Relevant to Fossil Fuel Electric
Power Generation Facilities 228
Table H. Missouri: State Environmental Regulations Relevant to Fossil Fuel Electric
Power Generation Facilities 244
Table I: North Carolina: State Environmental Regulations Relevant to Fossil Fuel
Electric Power Generation Facilities 257
Table J. Ohio: State Environmental Regulations Relevant to Fossil Fuel Electric Power
Generation Facilities 269
Table K. Pennsylvania: State Environmental Regulations Relevant to Fossil Fuel Electric
Power Generation Facilities 277
Table L. Texas: State Environmental Regulations Relevant to Fossil Fuel Electric Power
Generation Facilities 285
Table M. Wisconsin: State Environmental Regulations Relevant to Fossil Fuel Electric
Power Generation Facilities 294
Appendix IV. Industry Voluntary Programs 318
Table A. Industry Voluntary Programs Relevant to Fossil Fuel Electric Power Generation
Facilities 319
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INTRODUCTION
Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, establishes certain regulatory authorities concerning financial
responsibility requirements. Specifically, the statutory language addresses the promulgation of
regulations that require classes of facilities to establish and maintain evidence of financial
responsibility consistent with the degree and duration of risk associated with the production,
transportation, treatment, storage, or disposal of hazardous substances. On July 28, 2009, the
U.S. Environmental Protection Agency (EPA) identified hardrock mining facilities as the initial
class of facilities that would be subject to financial assurance requirements under CERCLA
108(b).1 In the same notice, EPA stated its belief that additional classes of facilities may also
warrant the development of financial responsibility requirements and states that EPA would
publish an additional notice by December 2009, identifying additional classes of facilities it
plans to evaluate regarding the development of financial responsibility requirements. On January
6, 2010, EPA identified three additional classes of facilities for which EPA would develop, as
necessary, financial responsibility regulations: the electric power generation, transmission, and
distribution industry (North American Industry Classification System (NAICS) 2211); the
petroleum and coal products manufacturing industry (NAICS 324); and the chemical
manufacturing industry (NAICS 325).2
This report only covers the electric power generation, transmission and distribution industry, and
not the other 2 additional classes named in the January 2010 Notice, which are examined in
separate reports. It has been prepared for purposes of supporting EPA's consideration of this
industry for potential regulation. As part of EPA's research into financial assurance regulations
for the electric power generation, transmission and distribution industry, EPA is evaluating the
existing environmental regulatory framework at the federal and state levels, as well as industry
voluntary programs that address CERCLA hazardous substance management, disposal, and
release prevention, mitigation, and response.
This document first describes the methodology EPA followed in conducting the review of
relevant federal and state environmental regulations and industry voluntary programs and the
resulting conclusions. Section I summarizes the information on federal and state environmental
regulations relevant to CERCLA hazardous substances at facilities within the electric power
generation, transmission, and distribution industry. The section categorizes regulations according
to the release vector that the regulations address: air pollution; water pollution; emergency
planning and response; and hazardous substances management; as well as hazardous and non-
hazardous waste disposal and management. Next, Section II of the report describes a suite of
1 74 FR 37213.
2 75 FR 3.
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industry voluntary programs in which the electric power generation, transmission and
distribution industry facilities may participate that supplement and work in conjunction with the
regulatory regime. Each of the sections on federal and state regulations and industry voluntary
programs include a review of the available literature on the regulations and/or voluntary
programs' effectiveness at preventing releases and mitigating the harm that may result from
releases. Finally, attached to the report are four appendices. The first appendix discusses the
methodology EPA used to generate a sample of states from which EPA collected environmental
regulatory information relevant to fossil fuel electric power generation facilities. The final three
appendices are tables that provide comprehensive summaries of the federal and state regulations
and the industry voluntary programs that EPA located in its review.
METHODOLOGY
EPA's methodological approach focused on identifying environmental regulations at both the
federal and state level that address the production, transportation, treatment, storage, or disposal
of hazardous substances at electric power generation, transmission, and distribution facilities.
Also included in the methodology was a review of voluntary programs intended to complement
environmental regulations, in which these same electric power facilities participate.
Within the electric power generation, transmission and distribution industry, EPA reviewed
several information sources including the code of federal regulations,3 the Federal Register,4
state administrative codes, federal and state governmental resources, Risk Management Plans
(RMPs) for relevant facilities, and academic literature.
The U.S. Census Bureau lists ten 6-digit NAICS subsectors within the electric power generation,
transmission and distribution industry:
• hydroelectric power generation (NAICS 221111);
• fossil fuel electric power generation (NAICS 221112)
• nuclear electric power generation (NAICS 221113);
• solar electric power generation (NAICS 221114);
• wind electric power generation (NAICS 221115);
• geothermal electric power generation (NAICS 221116);
• biomass electric power generation (NAICS 221117);
• other electric power generation (NAICS 221118);
• electric bulk power transmission (NAICS 22121); and
3 The 2018 Code of Federal Regulations can be accessed at:
https://www.gpo. gov/fdsvs/browse/collectionCfr.action?selectedYearFrom=2018&go=Go.
4 The Federal Register can be accessed at: https://www.federalregister.gov/.
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• electric power distribution (NAICS 22122).5
In the following Summary section, we provide a brief overview of specific federal legislation
and agencies relevant to these industries. All these subsectors are subject to the breadth of U.S.
federal legislation and regulations. Of these, the relevant environmental regulations are
summarized in more detail within Section I of this report. Environmental regulations relevant to
the electric power generation, transmission and distribution industry include the Clean Air Act
(CAA), the Clean Water Act (CWA), the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), and the Resource Conservation and Recovery Act
(RCRA).
Regarding relevant state regulations, however, EPA narrowed the scope of its review from the
entire electric power generation, transmission, and distribution industry, to that of the fossil fuel
electric power generation subsector. EPA's research into financial assurance regulations for the
electric power generation, transmission and distribution industry included collecting information
about damage cases that occurred at the electric power generation, transmission and distribution
industry sites. EPA focused its state review on fossil fuel electric power generation facilities
because it observed the largest number of damage cases at sites in this subsector. EPA's review
of damage cases included the identification of CERCLA National Priorities List (NPL) and
Removal sites, as well as proven Coal Combustion Residual (CCR) damage cases.6 Damage
cases were identified in only five of the ten subsectors within electric power generation,
transmission, and distribution industry. EPA observed a total of four NPL sites and one
Superfund Alternative Approach (SAA) site in the nuclear, fossil fuel, and hydroelectric power
generation subsectors.7,8 and 24 CERCLA Removal sites in those three subsectors and at
facilities in the bulk electric power transmission and distribution subsectors.9 With respect to
CCR damage cases, however, EPA identified 40 "proven CCR damage cases" and over 100
5 "2012 NAICS: 2211 - Electric power generation, transmission, and distribution," U.S. Census Bureau, accessed
March 26, 2019 at: https://www.census.gov/econ/isp/sampler.php?naicscode=221 l&naicslevel=4.
6 Coal Combustion Residuals (CCRs) are a large quantity category of waste generated by Coal-Fired Electric Power
Generation Plants within the Fossil Fuels subsector (NAICS 221112). CCRs are addressed in further detail later
under Section I of this report.
7 A "Superfund Alternative Approach (SAA) site" is a cleanup site that has a SAA agreement in place. The SAA
uses the same investigation, cleanup process and standards that are used for NPL sites but can potentially save the
time and resources associated with listing a site on the NPL. To qualify as a SAA site, the site must have
contamination significant enough to be eligible for NPL listing and have a PRP capable of performing the cleanup.
8 Identification and Evaluation of National Priority List (NPL) Sites, Superfund Alternative Approach (SAA) sites
and Coal Combustion Residual (CCR) Cleanup Cases in the Power Generation, Distribution, and Transmission
Sector (NAICS 2211), USEPA, April 2019.
9 EPA, "Identification and Evaluation of CERCLA 108(b) Power Generation, Transmission, and Distribution
(NAICS 2211) non-National Priority List (NPL) Removal Sites"
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additional "potential CCR damage cases" at coal-fired power plants.10 EPA included the 40 CCR
damages cases as part of the agency's evaluation. Because of the large number of damage cases
associated with fossil fuel electric power generation sites relative to the other subsectors in
electric power generation, transmission, and distribution industry, as well as the variability in
state regulations of CCR facilities, EPA decided that a closer examination of state environmental
regulations relevant to fossil fuel facilities under fossil fuel electric power generation was
appropriate.11
To summarize the state regulatory framework relevant to fossil fuel electric power generation
facilities, EPA first generated a sample of states representative of the geographic distribution of
fossil fuel power plants that contains over 50 percent of the facilities in the United States. The
state sample comprises: Pennsylvania, Michigan, Indiana, Illinois, Missouri, Texas, Kentucky,
Iowa, Ohio, Wisconsin, Florida, Minnesota, and North Carolina.12
In its review of federal and state regulation and in this resulting summary report, EPA attempts
to provide a comprehensive account of federal and state regulations relevant to electric power
generation, transmission and distribution industry facilities. The following section on federal and
state environmental regulations categorizes regulations according to the release vector that the
regulations seeks to address:
• Air pollution regulations;
• Water pollution regulations;
• Emergency planning and response regulations;
• Hazardous substance management regulations;
• Hazardous and non-hazardous waste management and disposal regulations.
Section II summarizes information on industry focused voluntary programs that were identified
by EPA through a review of facility RMPs, publicly available material, and academic literature.
These voluntary programs highlight programs in which electric power generation, transmission
and distribution industry facilities may participate in. This section of the report focuses on
providing descriptions of the kinds of voluntary programs available to facilities for purposes of
improving their environmental performance. Voluntary programs are frequently open to
participation regardless of a firm's industrial affiliation. Many of the voluntary programs
described in this report are similarly open to broad participation and therefore available to all
10 EPA, Damage Case Compendium for the Final 2015 CCR Rule: Technical Support Document, Volumes I-V,
December 18, 2014.
11 Forthe variability of state CCR regulations, see L. Evans, M. Becher, and B. Lee, "State of Failure: How States
Fail to Protect Our Health and Drinking Water from Toxic Coal Ash," EarthJustice and Appalachian Mountain
Advocates, August 2011.
12 Appendix I provides a complete description of the methodology EPA used to generate this sample.
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facilities within the electric power generation, transmission and distribution industry, without
restriction based on a facility's subsector classification. Where identified, information is also
included on voluntary programs that target specific subsectors, with added attention to programs
of direct relevance to the fossil fuel power generation industry.
Each of the sections includes a discussion of the effectiveness of the relevant regulatory regime
and industry voluntary programs. These subsections on effectiveness rely heavily on reviews of
academic literature and government publications. As it is difficult to find evaluations of specific
federal and state regulations and industry voluntary programs, the report takes a broader
approach to key questions about regulation and program effectiveness, looking at categories of
regulations and programs and drawing connections between regulations and programs where a
body of literature exists.
This document reviews only the existing framework of federal and state environmental
regulations and industry voluntary programs themselves, without interpretation of outcomes.
Before the promulgation of modern environmental laws and industry standards, all releases -
even direct discharge of CERCLA hazardous substances into the local environment - did not
constitute illegal discharges. However, this document does not endeavor to develop a formal risk
assessment of facilities operating in the electric power generation, transmission, and distribution
industry, and does not attempt to assess the impact of such regulations subsequent to their
enactment. Although environmental regulations establish a set of minimum standards,
compliance with those regulations varies by individual facilities. This profile is a review of
legally prescribed and industry recommended practices, rather than facility operations. For
example, the existence of an industry program intended to establish facility protocols for release
response does not provide any information about the level of participation in the program. The
regulatory regimes in which facilities operate and the industry voluntary programs in which
facilities may participate are not directly predictive of actual facility practices, and therefore are
not determinative of the risk of releases.
Additionally, this document does not endeavor to describe or prescribe gaps in the existing
regulatory framework relevant to the electric power generation, transmission and distribution
industry. This report reviews the relevant current regulations and a sampling of academic
literature on their effectiveness but does not attempt to identify any areas of concern that the
current regulations may not address.
Finally, this industry is subject to an extensive framework of energy generation regulations,
which this report does not consider. This document also does not include any discussion of
financial assurance regulations of relevance to the power generation industry that may exist
separate from those that are required under specific environmental regulations. For example,
some environmental regulations such as RCRA and CERCLA include financial assurance
statutes, and those are discussed in the sections that follow. A separate review of existing
financial assurance regulations was however conducted in support of this rulemaking, and this
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separate report is available as a background document within the docket for this rulemaking.13
Power generation facilities are also subject to local, municipal, and/or county environmental
regulations, in addition to state and federal environmental regulations. EPA did not collect
regulatory information at any level below that of the states, so this report does not include
information about any such potentially relevant local regulations.
SUMMARY
The federal and state environmental regulations and industry voluntary programs relevant to
facilities in the electric power generation, transmission, and distribution industry are briefly
summarized here and are covered in more detail later in this report.
• Federal air pollution regulations are promulgated by EPA largely under the authority of
the 1970 Clean Air Act (CAA) and its subsequent amendments; they establish emissions
standards by pollutant - primarily carbon monoxide, lead, particulate matter, ozone,
nitrous dioxide, and sulfur dioxide - and by facility type.
• The 1972 Clean Water Act (CWA) generated the modern water pollution regulatory
regime. Under CWA, EPA has implemented pollution control measures, including
federal water quality standards and industry wastewater and Effluent Limitation
Guidelines (ELGs). These regulations set standards for wastewater discharge on an
industry-specific basis, identifying key processes and materials to regulate within each
industry. Additionally, the 1972 CWA established the National Pollutant Discharge
Elimination System (NPDES) permit program, which controls point source discharges to
surface water.
• Emergency planning and response regulations focus on workplace safety and
preparedness and environmental protection and response. The Occupational Safety and
Health Act of 1970 created the Occupational Health and Safety Administration (OSHA)
within the Department of Labor, and OSHA has issued regulations on safety and health
standards, emergency action plans, and emergency response standards for facilities that
handle hazardous materials or waste. EPA enacted the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) in 1980; it is the primary statute
for promulgating emergency planning and response regulations. CERCLA regulations
address community notification of the presence of hazardous substances, and response,
liability, cleanup, and closure for releases and threatened releases.
• The federal hazardous substances management regulatory regime comprises regulations
that EPA implemented pursuant to the 1976 Toxic Substances Control Act (TSCA),
13 See Summary Report, Review of Existing Financial Responsibility Laws Potentially Applicable to Classes of
Facilities in the Electric Generation, Transmission, and Distribution Industry (NAICS 2211), the Petroleum and Coal
Products Manufacturing Industry (NAICS 324), and the Chemical Manufacturing Industry (NAICS 325), May 2019.
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OSHA's process safety management (PSM) standards, and the Department of
Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA)'s
pipeline and transportation regulations under the authority of the Natural Gas Pipeline
Safety Act of 1968 and the 1975 Hazardous Material Transportation Act and their
amendments. TSCA regulations cover hazardous substance designation, recordkeeping,
and reporting. TSCA and its amendments also established programs for the management
of specific toxic substances. Of particular relevance to the electric power generation,
transmission and distribution industry facilities are the programs that target PCBs,
asbestos, and mercury, because of how often those contaminants are present at electric
power generation, transmission and distribution industry damage case sites. OSHA
regulations address workplace safety and contingency analysis. The PHMSA regulations
impose packaging and operational standards for hazardous substances transporters.
• Hazardous waste disposal and management regulations are largely promulgated under the
authority of the 1976 Resource Conservation and Recovery Act (RCRA) and its
subsequent amendments. Subtitle C of RCRA establishes "cradle to grave" regulations
that apply to the generation, transportation, treatment, storage, and disposal of hazardous
waste. RCRA operates through permitting programs applicable to hazardous waste
generators, transporters, and disposal (treatment, storage and disposal (TSD)) facilities.
The TSD permitting programs set technical standards by facility and storage or disposal
type, have phased out the land disposal of hazardous waste, require facilities to record
and report the hazardous waste they receive, and remain in effect through closure and
post-closure periods, so long as hazardous waste is present at a facility. Other generators
are also required to record and report the hazardous waste they generate.
• While Subtitle C of RCRA regulates the disposal of hazardous waste, Subtitle D of
RCRA - along with the 1980 Solid Waste Disposal Amendments (SWDA) - establishes
disposal regulations for nonhazardous solid wastes. Rather than regulating CCR as a
hazardous waste, EPA has promulgated rules for coal combustion residual (CCR)
disposal under RCRA Subtitle D. The 2015 CCR Rule sets technical requirements for
CCR landfills and surface impoundments that address risks related to ground water and
airborne contamination, and the catastrophic failure of impoundments.
• State regulations incremental to federal regulations relevant to fossil fuel electric
generation facilities primarily focus on air pollution, as well as on the management and
disposal of CCR wastes. Specifically, states set air emission standards for emissions other
than the six criteria pollutants regulated under the CAA, such as mercury, volatile organic
compounds, and visible air emissions. States also promulgate regulations that cover air
pollution emergency episodes, under which sources must generate and follow abatement
plans. Some states, such as Wisconsin, have issued emission limitation and technology
standards for facilities constructed before the implementation of federal new source
requirements; those sources are exempt from the federal source performance standards.
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EPA has delegated some states the primary responsibility of implementing RCRA
programs, through state authorization. Some authorized states require more stringent
rules for specific substances and operational practices. Some states with authorized
RCRA programs have also required more stringent rules for specific substances and
operational practices. CCR-related requirements are an example of this, with more than
half of the U.S. states having implemented some form of their own CCR-related
monitoring, design/siting, and/or inspection requirements (beyond those called for at the
federal level, prior to promulgation of the 2015 CCR Rule).
• Industry voluntary programs relevant to electric power generation, transmission and
distribution industry facilities largely fall into one of three categories: those sponsored by
federal, state, or local governmental agencies; those fostered within industry trade
associations or nongovernmental organizations, and those implemented by individual
industry firms. Some of the programs set discharge, emissions, and safety standards that
facilities may follow that supplement federal and state standards, comply with additional
international standards, or may come with a certification from the government agency or
industry group that promulgates the standards. Other programs solicit reporting on
emissions or other data in order to publish industry performance reports. These programs
have achieved successes at reducing pollution emissions through targeted goals and the
diffusion of environmental management technology.
• Fossil fuel electric power generation facilities are among the largest sources of air
pollution in the United States.14 Fossil fuel power plants emit large quantities of
pollutants like sulfur dioxide and nitrogen oxides that are greenhouse gases and
contribute to acid rain. As a result, the available literature on the federal and state
regulatory regime largely focuses on the effectiveness of air pollution regulations.
Overall, the literature finds that increasing emissions regulations have been effective at
reducing air pollutant concentrations, particularly those regulations that end exemptions
for older facilities and require those facilities to install new pollution control technology.
• Although this report does not address regulations relevant to nuclear power facilities in
detail, the Nuclear Regulatory Commission (NRC) promulgates and implements
regulations for nuclear power plants, nuclear reactors, and radioactive waste. NRC
regulations relevant to release prevention include requirements for diverse and redundant
barriers, safety programs, operator training programs, and testing and maintenance
activities. NRC also employs inspectors to oversee industry compliance with those
14 Over 30% of greenhouse gases emitted in the U.S., and roughly 40 percent of the carbon dioxide produced in the
U.S., come from electric power plants (and predominantly from that of coal-fired power plants). From Article by S.
Bromley, "Air Pollution Caused by Industries", January 26, 2019.
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regulations. Appendix II.B. provides more information about environmental regulations
specifically relevant to nuclear power facilities.
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SECTION I. FEDERAL AND STATE ENVIRONMENTAL REGULATIONS
Five principal federal environmental laws form the basis of the environmental requirements for
fossil fuel electric power generation facilities: CAA, CWA, TSCA, RCRA, and CERCLA. These
landmark pieces of legislation from the 1970s enabled federal agencies to implement a
nationwide regulatory framework of environmental protection. Below, EPA has summarized
these pieces of legislation, their amendments, and the regulations federal agencies have
promulgated under their authority that are relevant to facilities in the electric power generation,
transmission, and distribution industry.
In many cases, states adopt federal regulations or incorporate them by reference into state
administrative codes. In other cases, states have promulgated their own regulatory regimes that
expand on or are more stringent than analogous federal regulations or implement standalone state
regulations. EPA has included key, industry-relevant state regulations from a sample of states
representative of the geographic distribution of fossil fuel electric power generation facilities in
the following subsections.15
EPA and other federal agencies often delegate the implementation and enforcement of
environmental statutes to state regulatory agencies (or local or tribal governments), provided that
the state agency demonstrates that it has adequate legal authority and resources to carry out
implementation and enforcement.16 The regulatory descriptions in the subsections, below,
discuss state implementation of federal regulations that federal agencies have delegated to state
agencies, and state-specific regulations that state agencies promulgated, themselves. This report
focuses on instances when the scope of state's implementation of federal regulations, or
standalone state regulations, creates a more stringent regulatory framework for the relevant
facilities.
The following five subsections below describe federal and state regulations relevant to facilities
in the electric power generation, transmission, and distribution industry, categorized by the focus
of the regulations: air pollution, water pollution, emergency planning and response, hazardous
substance management, and hazardous waste management and disposal. Each subsection first
describes the relevant federal regulations of broad applicability to the entire electric power
generation, transmission and distribution industry. This is followed by information that indicates
where key state regulations pertaining to the fossil fuel subsector may deviate from federal
regulations, from among the sample of states that EPA reviewed. The final subsection is the
result of a review EPA conducted of governmental and academic literature on the effectiveness
15 EPA collected information on state regulations from a representative sample of states. For a description of EPA's
methodology to determine the representative sample of states, see Appendix I. For a comprehensive summary of the
relevant state regulations that EPA located, see Appendix III.
16 See, for example, "Delegation of Clean Air Act Authority," EPA, accessed September 18, 2018 at:
https://www.epa. eov/caa-permitting/dele gation-clean-air-act-authoritv.
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of federal and state regulations in CERCLA hazardous substance management, disposal, and
release prevention, mitigation, and response.
A. Air Pollution
The 1970 CAA authorized the promulgation of emissions standards for both stationary and
mobile sources through federal and state regulations. It also created three major federal
regulatory programs that affected stationary sources of air pollution: National Ambient Air
Quality Standards (NAAQS), New Source Performance Standards (NSPS), and National
Emission Standards for Hazardous Air Pollutants (NESHAPs). Major amendments to the CAA
were passed in 1977 and 1990. The 1977 amendments focused on attainment and maintenance of
the NAAQS at the state, local, and tribal level, while the 1990 amendments expanded the
NESHAPs and NAAQS programs and established permit program requirements and provisions
regarding the stratospheric ozone.17
While air emissions tend not to be directly implicated in the types of damage cases that
ultimately warrant a CERCLA response or other remedial activities that are the focus of the
rulemaking under consideration, air pollution regulations are still being considered in this report
to characterize the over-arching regulatory framework relevant to the electric power generation,
transmission, and distribution industry. Further, some programs introduced under the authority of
the CAA, such as the Chemical Accident Prevention Provisions, are also directly relevant to
reporting and response requirements more broadly applicable to releases of hazardous
substances.
1. Clean Air Act (1970) - National Ambient Air Quality Standards
National Ambient Air Quality Standards (NAAQS) apply to six common air pollutants, also
called "criteria air pollutants": carbon monoxide, lead, particulate matter, ozone, nitrous dioxide,
and sulfur dioxide. Under the CAA, the EPA must review and, if necessary, revise the NAAQS
for each of the criteria air pollutants at five-year intervals. The standards for nitrogen oxides and
sulfur oxides were last updated in 2010, for carbon monoxide in 2011, for particulate matter in
2012, for lead in 2014, and for ozone in 2015. The CAA also required the creation of two kinds
of air quality standards under NAAQS: primary standards to protect the health, and secondary
standards to protect plants, forests, crops, and materials from damage due to exposure to air
17 "Evolution of the Clean Air Act," EPA, accessed September 19, 2018 at: https://www.epa.gov/clean-air-act-
overview/evolution-clean-air-act.
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pollutants.18 EPA promulgated the regulations that created NAAQS on November 25, 1971; the
regulations can be found at 40 CFR Part 50.19
2. Clean Air Act (1970) - New Source Performance Standards
The National Source Performance Standards (NSPS) program established air emissions standards
for newly constructed stationary source facilities or industrial features at such facilities.
Standards vary by facility and EPA promulgated separate standards by facility type in separate
rulemakings, beginning with the regulations that implemented NSPS on December 23, 1971 in
40 CFR Part 60.20
For example, EPA promulgated NSPS standards relevant to fossil fuel electric power generation
facilities in 40 CFR Part 60, Subparts Da and UUUU. EPA published Subpart Da on June 11,
1979, which addresses emissions from electric utility steam generating units. NSPS for electric
utility steam generating units regulate particulate matter, nitrogen oxides, and sulfur dioxides.
NSPS under Subpart Da have been updated as recently as February 16, 2012, and EPA issued a
new proposed NSPS for electric utility steam generating boiler units on February 17, 2015 that
has not yet been finalized.21
NSPS that regulate greenhouse gas emissions for electric utility generating units are located in
Subpart UUUU. EPA published the rule on October 23, 2015. The NSPS under this subpart sets
standards on emissions of greenhouse gases from electric generating units.22
The 1977 amendments to the CAA created the New Source Review (NSR) permitting program.23
The NSR permits are intended to ensure new sources comply with NAAQS. The program
requires newly built or modified factories, industrial boilers, and power plants to acquire NSR
permits. The program sets guidelines for three kinds of NSR permits, which comprise:
Prevention of Significant Deterioration (PSD) permits; Nonattainment NSR permits; and Minor
NSR permits. PSD permits are for new major sources in areas that meet NAAQS, Nonattainment
NSR permits are for new major sources or source modifications in areas that do not meet
18 "Reviewing National Ambient Air Quality Standards (NAAQS): Scientific and Technical Information," EPA,
accessed September 19, 2018 at: https://www.epa.gOv/naaqs#self: "National Ambient Air Quality Standards,"
California Air Resources Board, accessed September 19, 2018 at: https://ww2.arb.ca. gov/resources/national-
ambient-air-qualitv-standards.
19 36 FR 22384.
20 36 FR 24877.
21 44 FR 33579; "Electric Utility Steam Generating Units (Boilers): New Source Performance Standards," EPA,
accessed September 19, 2018 at: https://www.epa.gov/stationarv-sources-air-pollution/electric-utilitv-steam-
generating-units-boilers-new-source
22 80 FR 64941.
23 "Evolution of the Clean Air Act," EPA, accessed September 19, 2018 at: https://www.epa.gov/clean-air-act-
overview/evolution-clean-air-act.
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NAAQS, and Minor NSR permits are for minor emissions sources. The program was published
in 40 CFR Parts 49 and 52.24
3. Clean Air Act (1970) - National Emission Standards for Hazardous Air Pollutants
EPA initially implemented NESHAPs with the publication of the rule on April 6, 1973 in 40
CFR Part 61.25 Upon its implementation in 1973, NESHAPs set approval and compliance
monitoring standards for sources of substances defined as hazardous air pollutants: asbestos,
beryllium, and mercury.26 EPA expanded the definition of hazardous pollutants to include vinyl
chloride in 1975,27 benzene in 1977,28 radionuclides in 1979,29 inorganic arsenic in 1980,30 and
coke oven emissions in 1984.31 In the mid-1980s, EPA amended NESHAPs under 40 CFR Part
61 to consider a suite of substances that are not defined as hazardous air pollutants, but that the
EPA has identified as potential causes of serious health effects from ambient air exposure.
NESHAPs require facility operators to apply for approval for the construction of sources of
hazardous air pollutants and monitor the performance of the source after construction.32
The 1990 CAA amendments expanded NESHAPs so that like NSPS, the NESHAPs program
established emissions standards by facility type through separate EPA rulemakings under 40
CFR Part 63. EPA implemented the rule under which it promulgated facility specific standards
on December 29, 1992.33 For example, NESHAPs relevant to fossil fuel electric power
generation facilities include Subpart UUUUU which establishes standards for coal- and oil-fired
electric utility steam generating units, most recently published on February 16, 2012. The subpart
sets standards at fossil fuel electric power generation facilities for a suite of pollutants, including
particulate matter, antimony, arsenic, cadmium, cobalt, lead, manganese, nickel, selenium,
hydrogen chloride, sulfur dioxide, beryllium, hydrogen fluoride, and mercury emissions.34 Also
called the Mercury and Air Toxics Standards (MATS), Subpart UUUU implements Maximum
24 36 FR 22398; "New Source Review Laws & Statutes," EPA, accessed September 19, 2018 at:
https://www.epa.gov/nsr/new-source-review-laws-statutes.
25 38 FR 8826.
26 36 FR 5931.
27 40 FR 59532.
28 42 FR 29332.
29 44 FR 76738.
30 45 FR 37886.
31 49 FR 36560.
32 "National Emissions Standards for Hazardous Air Pollutants Compliance Monitoring," EPA, accessed September
19, 2018 at: https://www.epa.gov/compliance/national-emission-standards-hazardous-air-pollutants-compliance-
monitoring.
33 57 FR 61992.
34 77 FR 9464.
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Achievable Control Technology (MACT) standards, which require facilities to meet air pollution
standards for hazardous air pollutants reflecting the application of the most effective pollution
control technologies that are already in use in their industry.35 Under MATS, existing sources
had four years (until 2016) to comply with technology requirements, which comprise the
standard three year compliance time under the CAA and one additional year that state permitting
authorities can grant to facilities for technology installation.36
4. Clean Air Act (1990 Amendments) - Acid Rain Program
On January 11, 1993, EPA published regulations that created the Acid Rain Program (ARP) in
40 CFR Parts 72-78, under the authority of Title IV of the 1990 CAA amendments.37 The
program took effect in 1995. The ARP requires major emissions reductions of sulfur dioxide and
nitrogen oxides from electric generating units. Emissions caps for sulfur dioxide are enacted
through a cap and trade system and were phased in for the power generation industry, with the
most recent and final cap set in 2010 at approximately 50 percent of the sulfur dioxide emissions
level from 1980. Nitrogen oxide emission reductions for coal-fired electric generation facilities
are enacted through a rate-based regulatory system.38
5. Clean Air Act (1990 Amendments) - Chemical Accident Prevention Provisions
Through a January 31, 1994 preliminary rulemaking, EPA introduced the Chemical Accident
Prevention Provisions, published in 40 CFR Part 68. These regulations set guidance for the
prevention and detection of accidental releases of hazardous substances from stationary sources.
While they set standards for the use, operation, and maintenance of monitoring equipment, they
also require regulated facilities to submit Risk Management Plans (RMPs) if the facilities handle
hazardous substances over certain thresholds. EPA published the final rule on June 20, 1996, and
the provisions became effective June 21, 1999.39
6. Clean Air Act (1990 Amendments) - Greenhouse Gas Reporting Program
On October 30, 2009, EPA established the Greenhouse Gas Reporting Program (GHGRP) when
it published a rule for the mandatory reporting of greenhouse gases from sources that emit
25,000 metric tons or more of carbon dioxide equivalent per year in the United States. EPA
35 57 FR 61992.
36 "Basic Information about Mercury and Air Toxics Standards," EPA, accessed September 19, 2018 at:
https://www.epa.gov/mats/basic-information-about-mercurv-and-air-toxics-standards.
37 58 FR 3650.
38 "Acid Rain Program," EPA, accessed September 19, 2018 at: https://www.epa.gov/airmarkets/acid-rain-program.
39 59 FR 4493; 61 FR31668.
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implemented the GHGRP under the authority of CAA sections 114 and 208. GHGRP regulations
can be found at 40 CFR Part 98.40
Reporting under the GHGRP occurs at the facility level. Each facility submits an annual report
that includes data collected for the previous calendar year. The regulation applies to direct
greenhouse gas emitters, fossil fuel suppliers, industrial gas suppliers, and facilities that practice
underground carbon dioxide injection. Reporting requirements under the GHGRP cover 8,000
facilities that produce approximately 50 percent of the total greenhouse gas emissions in the
United States. The GHGRP currently applies to facilities in 41 industrial categories; for calendar
year 2010, it applied to 29 categories; 12 additional categories were required to report in 2011.
EPA publishes the publicly available data that result from GHGRP reporting.41
Greenhouse gas reporting regulations relevant to fossil fuel electric power generation facilities
are in 40 CFR Part 98, Subpart D. Fossil fuel electric power generation facilities started reporting
their greenhouse gas emissions under the GHGRP in 2010.42
7. Clean Air Act (1990 Amendments) - Cross-State Air Pollution Rule
EPA has also promulgated rules that address air pollution from upwind states that crosses state
lines and affects the air quality in downwind states through the Cross-State Air Pollution Rule
(CSAPR). EPA promulgated the final version of the rule on July 6, 2011 in 40 CFR Part 97.
CSAPR replaced the 2005 Clean Air Interstate Rule following the direction of a 2008 court
decision. CSAPR requires power plants in the eastern half of the United States to reduce
emissions that cross state lines to maintain NAAQS in downwind states. EPA revised CSAPR on
September 7, 2016 to update the ozone season nitrous oxide standards.43
8. State Regulations
The following section briefly summarizes noteworthy state air pollution regulations that impose
requirements on fossil fuel electric power generation facilities incremental to federal regulatory
40 74 FR 56259.
41 "Fact Sheet: Greenhouse Gas Reporting Program Implementation," EPA, November 2013, accessed September
18, 2018 at: https://www.epa.gov/sites/production/files/2014-09/documents/ghgrp-overview-factsheet.pdf: "Learn
About the Greenhouse Gas Reporting Program (GHGRP)," EPA, October 2016, accessed September 18, 2018 at:
https://www.epa.gov/ghgreporting/learn-about-greenhouse-gas-reporting-program-ghgrp.
42 "GHGRP Power Plants," EPA, August 5, 2017, accessed September 18, 2018 at:
https://www.epa.gov/ghgreporting/ghgrp-power-plants: "Learn About the Greenhouse Gas Reporting Program
(GHGRP)," EPA, October 2016, accessed September 18, 2018 at: https://www.epa.gov/ghgreporting/learn-about-
greenhouse-gas-reporting-program-ghgrp.
43 76 FR 48406; "Overview of the Cross-State Air Pollution Rule (CSAPR)," EPA, accessed September 19, 2018 at:
https://www.epa.gov/csapr/overview-cross-state-air-pollution-rule-csapr.
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requirements. These regulations were collected from a review of state regulatory programs from
a representative sample of states relevant to the fossil fuel electric power generation industry.44
• The Illinois Environmental Protection Agency issues state operating permits for coal-
fired combustion emissions sources.45
• Iowa has issued provisions to prevent the excessive buildup of air contamination during
air pollution episodes. An "air pollution episode" occurs when the accumulation of air
contaminants (sulfur dioxide, particulate matter, carbon monoxide, ozone, and nitrogen
dioxide) reach levels that could lead to a substantial human health threat.46
• The Michigan Department of Environmental Quality requires certain emissions sources,
depending on the quantity and compositions of air contaminants they emit, to submit
annual reports on air emissions to estimate total discharges.47 Michigan also requires the
installation of continuous monitoring systems for fossil fuel-fired steam generators and
coal-fired electric generating units. The system must monitor opacity, sulfur dioxide,
nitrogen oxide, oxygen/carbon dioxide composition, and, specific to coal-fired electric
units, mercury. Facilities must compile monitoring results and provide quarterly written
reports to the Department of Environmental Quality.48
• Minnesota has issued a suite of air pollution regulations. Like Michigan, Minnesota
requires the installation of continuous monitoring systems and quarterly written reports
on the monitoring results, as well as test requirements facilities must meet in order to
certify systems.49 Its state level NSPS standards are more stringent than federal
standards; for coal-fired electric generating units, standards include mercury control
requirements and standards for visible air contaminants, airborne particulate matter,
indirect fossil-fuel burning equipment, and direct heating fossil fuel-burning equipment.50
Minnesota also sets increasing levels of contamination of sulfur dioxide, carbon
monoxide, and nitrous dioxide that, if met or exceeded, trigger the declaration of air
pollution alerts, then warnings, then emergencies, and, at the highest level of
contamination, significant harm events. Facilities that have experienced an air pollution
episode must submit an emission reduction plan for air pollution episodes to the
44 For a description of EPA's methodology to determine the representative sample of states, see Appendix I. For a
comprehensive summary of the relevant state regulations that EPA located, see Appendix III.
45 35 111. Adm. Code 271.
46 Iowa Administrative Code 567.26.
47 Michigan Administrative Code R 336.202.
48 Michigan Administrative Code R 336.2101-2199.
49 Minnesota Administrative Rules, Chapter 7017.
50 Minnesota Administrative Rules, Chapter 7011.
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Minnesota Pollution Control Agency.51 State law also requires all coal handling facilities
within the Minneapolis-St. Paul Air Quality Control Region or with the boundaries of the
city of Duluth to perform abatement measures, including the installation of concrete or
asphalt access road surfaces, treatment of access roads, fugitive particulate emission
controls at loading stations and coal stockpiles, and opacity reduction measures in
enclosed coal handling facilities.52
• Missouri sets ambient air quality standards for hydrogen sulfide and sulfuric acid, in
addition to the six criteria pollutants regulated under NAAQS.53
• Like Missouri, North Carolina has added standards for total suspended particulates and
hydrocarbons to its ambient air quality standards. It has also established maximum
allowable air quality standards for three hour periods for sulfur oxides.54 In addition to
the federal NESHAP standards, North Carolina has standards for: particulates from fuel
burning indirect heat exchanges, industrial processes, and electric utility boilers; sulfur
dioxide emissions from combustion sources; nitrogen dioxide and nitrogen oxide
emissions; visible emissions; ethylene oxide emissions; and fugitive dust particulates.55
The state has specific criteria that operators of coal or oil fired electric power generating
facilities must meet when an air pollution warning is in effect. During these periods,
power plants must use fuels with the lowest ash and sulfur content, only perform boiler
lancing and soot blowing between noon and 4 PM, reduce steam load demands, and use
preplanned abatement programs if emergency levels of contamination are reached.56
• Ohio state regulations establish their own stringency standards requiring scheduled
maintenance of air pollution control equipment and require reporting of any air pollution
control equipment malfunction.57
• Wisconsin has issued a number of regulations incremental to NESHAP standards,
including reporting, recordkeeping, testing, inspection, and compliance requirements, as
well as standards for source categories not covered by NESHAP, such as facilities that
handle and store coal, compression ignition internal combustion engines that combust
fuel oil, and hazardous air spills.58 The state has established emissions and technology
51 Minnesota Administrative Rules, Chapter 709.1000-1110.
52 Minnesota Administrative Rules, Chapter 7011.1100-1140.
53 10 CSR 10-6.010.
54 15A NCAC 02D .0400.
55 15A NCAC 02D .0500.
56 15A NCAC 02D .0306.
57 OAC 3475-15-06.
58 Wis. Admin. Code NR 339 and 445.
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standards specifically for older emission sources, including those constructed since 1962
- before the promulgation of CAA NSR and NSPS standards. The standards include
emissions limitations and best available retrofit technology determinations.59 The state
also has baseline mercury emissions and reporting standards for major utilities, as well as
mercury emission limits for new and modified, small and large coal-fired electric
generating units.60 Wisconsin requires the submission of emission inventory reports for
particulate matter, sulfur dioxide, nitrogen oxides, carbon monoxide, and volatile organic
compounds.61 Emission sources can also submit emission reductions and avoidances they
have achieved with respect to greenhouse gases, air contaminants, and carbon
sequestration; the Wisconsin Department of Natural Resources considers this information
when determining emission baselines and reduction requirements.62 As with other states,
Wisconsin has also issued limitations on visible air emissions.63
B. Water Pollution
The regulations that address water pollution largely stem from the 1972 CWA and its subsequent
amendments. The CWA itself was, in fact, an amendment of the 1948 Federal Water Pollution
Control Act, but it was the 1972 legislation that created the modern water pollution regulatory
regime. The CWA implemented pollution control measures, including federal water quality
standards and industry wastewater and Effluent Limitation Guidelines (ELGs). These regulations
set standards for wastewater discharge on an industry-specific basis, identifying key processes
and materials to regulate within each industry. Additionally, the 1972 CWA established the
National Pollutant Discharge Elimination System (NPDES) permit program, which controls
point source discharges to surface water from industrial, municipal, and other commercial
sources. These facilities cannot discharge to surface water without an NPDES permit, and the
system made it illegal to discharge pollutants from point sources to navigable waters.64
In 1972 Congress also passed the Marine Protection, Research, and Sanctuaries Act, or the
Ocean Dumping Act. EPA published final rules pursuant to the act on January 11, 1977. The act
prohibited the transportation of material from the United States for the purposes of ocean
dumping, the transportation of material by American agencies or American vessels for the
59 Wis. Admin. Code NR 433.
60 Wis. Admin. Code NR 446.
61 Wis. Admin. Code NR 438.
62 Wis. Admin. Code NR 437.
63 Wis. Admin. Code NR 431.
64 "History of the Clean Water Act," EPA, accessed September 26, 2018 at: https://www.epa.gov/laws-
regulations/historv-clean-water-act: "Summary of the Clean Water Act," EPA, accessed September 26, 2018 at:
https://www.epa.gov/laws-regulations/summarv-clean-water-act.
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purposes of ocean dumping, and the transportation of materials into American territorial seas for
the purposes of ocean dumping. The act also created a permitting system to regulate ocean
disposal of materials. Under the authority of the act, EPA designated sites for the ocean disposal
of dredged material and set guidance and the national and regional level for dumping practices.
At the regional level, this took the form of Site Management and Monitoring Plans for
designated disposal sites.65
1 Clean Water Act (1972)
The 1972 CWA created the NPDES program. EPA implemented regulations pursuant to the
program through 40 CFR Parts 122-125. The NPDES program regulates point source pollutant
discharges. Originally, the NPDES permits focused on the discharge of conventional pollutants.
The 1977 amendments to the CWA refocused the NPDES program from conventional pollutants
to toxic discharges.66
An NPDES permit acts as a license for a facility to discharge a set amount of pollutant into
receiving water. Part 503 of the CWA addresses the biosolids from wastewater treatment, and
establishes rules for facilities to incinerate, landfill, or beneficially use biosolids. NPDES
operates at two levels of pollutant control: discharge limits based on technological standards, and
discharge limits based on water quality standards. There are two types of NPDES permits:
individual permits with facility-specific standards; and general permits for categories of
dischargers in the same geographical area. The CWA allows EPA to authorize the
implementation of the NPDES program to states, tribes, and territories.67
In 2001, EPA promulgated NPDES permitting regulations for new cooling water intake
structures. EPA added NPDES regulations for existing cooling water intake structures in 2014.
EPA estimates that the regulated universe for existing cooling water intake structures, which
comprises facilities that withdraw two million or more gallons of water per day into cooling
systems, includes 544 power plants. The rule requires facilities to install technologies and utilize
operational practices to reduce fish and aquatic organism mortality resulting from water intake.68
65 "Regulations, Guidance, and Additional Ocean Dumping Information," EPA, accessed November 2, 2018 at:
https://www.epa.gOv/ocean-dumping/regulations-guidance-and-additional-ocean-dumping-information#OD Regs:
42 FR 2462.
66 "A Brief Summary of the History of NPDES," EPA Region 1, accessed November 2, 2018 at:
https://www3.epa. gov/regionl/npdes/historv.html.
67 "About NPDES," EPA, accessed September 26, 2018 at: https://www.epa.gov/npdes/about-npdes: "NPDES
Regulatory History," EPA, accessed November 2, 2018 at: https://www.epa.gov/npdes/npdes-regulatorv-historv: "A
Brief Summary of the History of NPDES," EPA Region 1, accessed November 2, 2018 at:
https://www3.epa.gov/regionl/npdes/historv.html: 48 FR 14146.
68 "Cooling Water Intakes," EPA, accessed March 26, 2019 at: https ://www.epa. gov/cooling-water-intakes:
"Cooling Water Intakes - Final 2014 Rule for Existing Electric Generating Plants and Factories," EPA, accessed
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The CWA also revised the scope of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). The NCP sets a blueprint for responding to oil spills and hazardous
substance releases. At its inception in 1968, it only provided a comprehensive, federal system of
accident reporting, spill containment, and cleanup of oil spills. The CWA expanded the NCP's
scope to include hazardous substance releases, in addition to oil spills.69
EPA implemented ELGs in February 1974, two years after the passage of the CWA. The ELG
program established national guidelines for industrial wastewater discharges to surface water on
an industry by industry basis. The standards are based on capability of treatment technology
rather than pollutant specific water quality-based parameters. ELGs may include one, all, or a
combination of the following types of technology-based limits which facilities covered within
the scope of a particular ELG must meet: Best Practicable Control Technology Currently
Available (BPT), Best Conventional Pollutant Control Technology (BCT), Best Available
Technology Economically Achievable (BAT), New Source Performance Standards (NSPS),
Pretreatment Standards for New Sources (PSNS), and Pretreatment Standards for Existing
Sources (PSES). ELGS can also include prescriptive best management practices (BMPs) as part
of the regulation.70 There are now ELG standards for a total of 59 industry categories. NPDES
permits then impose the more stringent of the two limits for each pollutant regulated by the
permit: the technology based ELG or the water quality-based standard.
The technological standards can vary by whether a facility existed at the time of implementation
or is newly constructed, and whether discharges to surface water from a facility are direct or
indirect. BPT, BCT, and BAT effluent limitations apply to existing facilities that discharge
directly to surface water. BCT effluent limitations are designed to control pollutants that the
CWA defines as "conventional," e.g., biochemical oxygen demand, total suspended solids, fecal
coliform, and pH level. BPT addresses all categories of pollutants -conventional,
nonconventional, and toxic - and often are less stringent than BAT. With respect to NSPS, as
under the CAA, the ELGs recognize that new sources can install the best and most efficient
production processes and wastewater treatment technologies for removing pollutants. ELGs
therefore create standards for new sources of discharges based on the best available
demonstrated control technology for all pollutants. PSES and PSNS apply to existing and new
indirect dischargers, respectively, and establish technological standards to control toxic pollutant
March 26, 2019 at: https://www.epa.gov/cooling-water-intakes/cooling-water-intakes-final-2014-rule-existing-
electric-generating-plants-and.
69 "National Oil and Hazardous Substances Pollution Contingency Plan (NCP) Overview," EPA, accessed
November 7, 2018 at: https://www.epa.gov/emergencv-response/national-oil-and-hazardous-substances-pollution-
contingencv-plan-ncp-overview.
70 "Industrial Effluent Guidelines," EPA, accessed September 26, 2018 at: https ://www.epa. gov/eg/industrial-
effluent-guidelines: "Learn About Effluent Guidelines," EPA, accessed November 2, 2018 at:
https://www.epa.gov/eg/learn-about-effluent-guidelines: 39 FR 4532.
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discharges to publicly owned treatment works. Finally, BMPs are conditions imposed by the
ELG or directly by a permitting program to control pollutant discharge.71
Under the CWA, EPA must review and revise Effluent Guidelines on an annual basis; EPA
currently publishes an Effluent Guideline Program Plan that sets the review and revision protocol
and identifies significantly discharging industries on a biennial basis.72
Eight months after the implementation of the general ELG regulations, EPA published industry
specific effluent guidelines for steam electric power generating units in October 1974 through 40
CFR Part 423. EPA later amended the Steam Electric Power Generating Effluent Guidelines and
Standards in 1977, 1978, 1980, 1982, and 2015. The regulations apply both to fossil and nuclear-
fueled electric power generating facilities.73
In addition to the NPDES permitting program and ELG technology-based industry standards,
both of which establish requirements and guidelines for dischargers to surface water, the 1972
CWA also stipulated that EPA generate federal water quality standard criteria and created a
procedure for the Agency's role in the development, review, revision, and approval of state and
tribal water quality standards. After approval, EPA reviews state and tribal water quality
standards on a triennial basis. In cases where a state fails to develop water quality standards that
meet the federal criteria, EPA promulgates water quality standards applicable to the states'
waters. The CWA guidelines for water quality criteria dictate that the standards consider the
water's designated use and, in turn, protect public health or welfare, enhance the quality of the
water, provide water quality for the protection and propagation of fish, shellfish, wildlife, and for
recreation. EPA published a final rule revising and consolidating the guidelines for water quality
standard development and approval in 40 CFR Part 131 on November 18, 1983, effective
December 8, 1983.74 In 2015, EPA revised the federal water quality standard criteria to clarify
conditions that necessitate new or revised water quality standards, improve water use designation
procedures, promulgate triennial water quality standard review, strengthen anti-degradation
measures, structure deviations in water quality standards across waters with different designated
uses, and require state and tribal adoption and EPA approval of permit compliance schedules.75
71 "Industrial Effluent Guidelines," EPA, accessed September 26, 2018 at: httos ://www.epa. gov/eg/industrial-
effluent-guidelines: "Learn About Effluent Guidelines," EPA, accessed November 2, 2018 at:
https://www.epa.gov/eg/learn-about-effluent-guidelines: 39 FR 4532.
72 "Learn About Effluent Guidelines," EPA, accessed November 2, 2018 at: https://www.epa.gov/eg/learn-about-
effluent-guidelines.
73 "Steam Electric Power Generating Effluent Guidelines," EPA, accessed September 26, 2018 at:
https://www.epa.gov/eg/steam-electric-power-generating-effluent-guidelines: 39 FR 36186.
74 "Federal Water Quality Standards Requirements," EPA, accessed November 2, 2018 at:
https://www.epa.gov/was-tech/federal-water-qualitv-standards-reauirements: 48 FR 51405.
75 Environmental Protection Agency, Office of Water, "Water Quality Standards Regulatory Revisions (Final Rule,"
July 2015, accessed November 2, 2018 at: https://www.epa.gov/sites/production/files/2018-10/documents/was-
regulatorv-revisions-final-rule-factsheet.pdf.
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2. Safe Drinking Water Act (1974)
Congress passed the Safe Drinking Water Act (SDWA) on December 16, 1974. Under the
SDWA, EPA implemented the UIC program to regulate and monitor the injection of materials
into the ground as part of waste disposal procedures. Specifically, the UIC program's goal is to
protect drinking water sources - meaning wells, aquifers, and other sources - from injection
disposal vectors. Through the UIC program, EPA establishes minimum standards that state
injection control programs must meet, approves of state control programs, and delegates
implementation authority to the states. The program categorizes injection wells into six classes:
industrial and municipal waste; oil and gas related wells, solution mining wells, shallow
hazardous and radioactive waste injection wells, wells that inject non-hazardous fluids into or
above underground sources of drinking water, and geologic sequestration wells. The standards
include technical standards for each class of well and the requirements for hazardous waste
injection at industrial and municipal waste wells. EPA consolidated and revised regulations
pursuant to the UIC control program in 40 CFR Parts 144-148 on April 1, 1983.76
3. Great Lakes Critical Programs Act (1990)
In 1990, Congress passed the Great Lakes Critical Programs Act. The act implemented parts of
the Great Lakes Water Quality Agreement, a 1978 pact between the United States and Canada to
reduce toxic pollutants in the Great Lakes, in part through the regulation of Great Lakes
watersheds. Title I of the Great Lakes Critical Programs Act required EPA to set water quality
standards within the Great Lakes watershed that limited 29 toxic pollutants to levels safe for
humans, wildlife, and aquatic life. Also under the authority of the act, EPA helped relevant states
establish water quality standards in line with legislative requirements.77 EPA ultimately
established regulations under the Great Lakes Critical Programs Act through 40 CFR Part 132 in
1995.78 This program is of significance for the electric power generation, transmission and
distribution industry, because thirty two percent of the total coal fired electric utility plants in the
United States are located in the Great Lakes Basin states of Minnesota, Wisconsin, Illinois,
Indiana, Michigan, Ohio, and Pennsylvania..79
76 "Summary of the Safe Drinking Water Act," EPA, accessed November 2, 2018 at: https://www.epa.gov/laws-
regulations/summarv-safe-drinking-water-act: "Underground Injection Control Regulations and Safe Drinking
Water Act Provisions," EPA, accessed November 2, 2018 at: https://www.epa.gov/uic/underground-iniection-
control-regulations-and-safe-drinking-water-act-provisions: 48 FR 14146.
77 "History of the Clean Water Act," EPA, accessed September 26, 2018 at: https://www.epa.gov/laws-
regulations/historv-clean-water-act: 60 FR 15366.
78 60 FR 15366.
79 Regulatory Impact Analysis: EPA's 2018 RCRA Proposed Rule Disposal of Coal Combustion Residuals from
Electric Utilities; Amendments to the National Minimum Criteria (Phase One), U.S. EPA, Office of Resource
Conservation and Recovery, March 2018.
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4. State Regulations
The following section briefly summarizes noteworthy state water pollution regulations that
impose requirements specific to fossil fuel electric power generation facilities incremental to
federal regulatory requirements. These regulations were collected from a review of state
regulatory programs from a representative sample of states relevant to the fossil fuel electric
power generation industry.80
• Florida sets total maximum daily loads specific to each body of water that has been
impaired by a pollutant.81 Florida also implements its own permit programs for storm-
water management systems and wastewater facilities or activities that discharge to waters
of the state.82
• The Illinois Water Pollution Control Board has a discharge permitting program for
owners and operators of discharging facilities that are not required to acquire NPDES
permits.83 The Water Pollution Control Board also places restrictions on the types,
concentrations, and quantities of contaminants that can be discharged into sewer systems,
including specific provisions for mercury and cyanide. Restrictions and standards vary by
facility type.84
• Iowa has a state level permitting program for operators of waste water disposal systems,
in addition to NPDES permit requirements.85
• Kentucky operates a state level pollution discharge elimination system permitting
program, which includes pretreatment requirements, spill reporting requirements, and
groundwater protection plans.86
• The Michigan Water Resources Commission requires that facilities that discharge to
surface of round waters through means other than public sanitary sewers have waste
treatment or control facilities under supervision of persons certified by the Commission.87
• Pennsylvania establishes general effluent standards for industrial wastes, as well as a
program for time extensions to achieve effluent limitations, and treatment requirements
80 For a description of EPA's methodology to determine the representative sample of states, see Appendix I. For a
comprehensive summary of the relevant state regulations that EPA located, see Appendix III.
81 F.A.C. 62-304.
82 F.A.C. 62-330; F.A.C. 62-620.
83 35 111. Adm. Code 309, Subpart B.
84 3 5 111. Adm. Code 307.
85 Iowa Administrative Code 567.64.
86 401 KAR 5.
87 Michigan Administrative Code R 323.1251-1259.
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for new and expanding loadings of Total Dissolved Solids (TDS).88 Pennsylvania also
sets rules for achieving and maintaining water quality standards, including specific rules
for total maximum daily loads (TMDLs) and water based effluent limitations for nutrient
discharges and heated water discharges.89
• Texas has surface water quality standards that include general and site-specific criteria,
as well as control procedures for toxic substances and total toxicity.90
• Wisconsin operates a state level pollution discharge elimination system permitting
program, including water quality based effluent limitations, applicable to point sources
which discharge toxic or organoleptic substances to surface waters of the state.91
Wisconsin also sets groundwater quality standards for substances detected in or having a
reasonable probability of entering groundwater resources, including response procedures
for exceedances.92
C. Emergency Planning and Response
The emergency planning and response regulatory regime largely comprises three kinds of
regulations: safety and health standard regulations promulgated by OSHA; CERCLA response
action regulations; and Emergency Planning and Community Right-to-Know Act (EPCRA)
planning and notification regulations. These regulations include control and safety standards and
protocols put in place to prevent harmful or catastrophic releases, procedures to mitigate in the
immediate aftermath of a release or related emergency, and provisions for remediation following
a release. Congress enacted CERCLA on December 11, 1980, and EPA has promulgated
multiple regulations under its authority that address community notification of the presence of
hazardous substances, and response, liability, cleanup, and closure for releases and threatened
releases. The 1970 Occupational Safety and Health Act created OSHA and served as the genesis
of the regulatory framework relevant to jobsite safety; OSHA has promulgated regulations that
focus on safety and health standards, emergency action plans, and emergency response standards
for facilities that handle hazardous materials or waste.
1. Occupational Safety and Health Act (1970)
Congress enacted the Occupational Safety and Health Act on December 29, 1970, with an
effective date of April 28, 1971. The act created OSHA, an administration under the Department
of Labor that over oversees workplace conditions through standards, training, outreach,
88 25 Pa. Code 95.
89 25 Pa. Code 96.
90 30 Tex. Admin. Code 307.
91 Wis. Admin. Code NR 106.
92 Wis. Admin. Code NR 140.
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education, and assistance. The creation of the administration built on an existing framework of
workplace health and safety study and regulations at both the state and federal level. States had
promulgated workplace safety regulations since the 19th century, and the Department of Labor
had published information on occupational fatalities and other workplace health and safety
matters since 1903. In 1934, the Department of Labor founded the Bureau of Labor Standards
with the primary goal of promoting workplace health and safety, as well as aiding states
administer laws pursuant to that goal. Upon the creation of OSHA in 1970, the Department
shifted this purpose from the Bureau of Labor Standards to OSHA.93
OSHA published its initial standards on May 29, 1971, with an effective date of August 27,
1971. The package included many existing federal labor standards with a notice that shifted the
standards' administration to OSHA, as well as national consensus standards for general industry,
construction, maritime, and other industries.94 Eventually, OSHA's industry specific standards
comprised regulations for general industry, construction, maritime, and agriculture.95 In the early
1970s, OSHA followed a "worst-case first" approach and implemented regulations that sought to
prevent catastrophic accidents and address the most dangerous and unhealthful workplace
conditions. These worst-case regulations also set protocols for the investigation of major
workplace incidents.96
In 1972, OSHA established the OSHA Training Institute. The institute trained compliance
officers and stakeholders on safety and health topics. In the same year, the administration also
promulgated standards that limited the permissible exposure limit of employees to asbestos
fibers.97
Altogether, OSHA standards set legal requirements for employers to protect their employees
from hazards. Through the administration of the regulations it has promulgated and its ongoing
oversight of workplace safety, OSHA ensure that workplace conditions do not carry a risk of
serious harm to employees, distributes information and training about hazards and methods to
prevent or mitigate those hazards, publishes records of work-related injuries and illnesses,
conducts tests and studies of workplace hazards, receives complaints from employees, and
93 "About OSHA," OSHA, accessed September 26, 2018 at: https://www.osha.gov/about.html: U.S. Department of
Labor, Occupational Safety and Health Administration, Reflections on OSHA's History, January 2009, accessed
September 26, 2018 at: https://www.osha.gov/historv/OSHA HISTORY 3360s.pdf.
94 U.S. Department of Labor, Occupational Safety and Health Administration, Reflections on OSHA's History,
January 2009, accessed September 26, 2018 at: https://www.osha.gov/historv/OSHA HISTORY 3360s.pdf.
95 "At-a-Glance: OSHA," OSHA, accessed November 7, 2018 at: https://www.osha.gov/Publications/3439at-a-
glance.pdf.
96 36 FR 10466; U.S. Department of Labor, Occupational Safety and Health Administration, Reflections on OSHA's
History, January 2009, accessed September 26, 2018 at:
https://www.osha.gov/historv/OSHA HISTORY 3360s.pdf.
97 U.S. Department of Labor, Occupational Safety and Health Administration, Reflections on OSHA's History,
January 2009, accessed September 26, 2018 at: https://www.osha.gov/historv/OSHA HISTORY 3360s.pdf.
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inspects workplaces for compliance in response to complaints. OSHA also conducts inspections
when it determines there is imminent danger, in response to catastrophes, and to address hazards
at workplaces and/or industries that exhibit high injury rates.98
The 1970 Occupational Safety and Health Act also created the National Institute for
Occupational Health and Safety (NIOSH). NIOSH is under the Centers for Disease Control and
Prevention within the U.S. Department of Health and Human Services. It is a federal research
agency tasked with making recommendations to enforcement agencies to prevent worker injury
and illness. NIOSH works with private industry through the National Occupational Research
Agenda (NORA). The NORA program has generated research in health hazard evaluations,
fatality investigations, and respirators and protective clothing, including research in the
manufacturing and utilities industries. 99
In addition to its recommendations to enforcement agencies, NIOSH also distributes educational
materials and develops training programs. NIOSH has released extensive materials that identify
specific hazards related to chemicals, industries, or industrial processes, which the institute refers
to as Criteria Documents. NIOSH develops Criteria Documents to serve as the basis for
comprehensive safety and health standards to be implemented and administered by OSHA.
These publications include hazard criteria and guidelines for engineering controls and work
practices, and proposed development of standards. There are Criteria Documents for industrial
practices such as coke oven emissions, coal gasification plants, coal liquefaction, the
manufacture of paint and allied coating products, and refined petroleum solvents. NIOSH also
distributes materials such as guides to chemical hazards, Current Intelligence Bulletins on
specific workplace hazards, and summaries of findings regarding workplace safety and hazards
published by international research bodies.100
On March 6, 1989, OSHA promulgated the Hazardous Waste Operations and Emergency
Response standards (HAZWOPER). The standards went into effect one year later, on March 6,
1990. OSHA added to the HAZWOPER standards in response to the Superfund Amendments
Reauthorization Act (SARA) of 1986, which authorized the issuance of regulations that protect
workers who engage in hazardous waste operations. HAZWOPER addresses the health and
safety risks to workers of unexpected releases or the threat of releases of hazardous substances
that may accompany operational failures, natural disasters, or waste dumped in the environment.
98 "At-a-Glance: OSHA," OSHA, accessed November 7, 2018 at: https://www.osha.gov/Publications/3439at-a-
glance.pdf.
99 "Fact Sheet: National Institute for Occupational Safety and Health," NIOSH, accessed November 7, 2018 at:
https://www.cdc.gov/niosh/docs/2013-140/pdfs/2013-140.pdf?id=10.26616/NIQSHPUB2013140: "NIOSH
Programs," NIOSH, accessed November 7, 2018 at: https://www.cdc.gov/niosh/programs.html.
100 "Chemical Hazards and Toxic Substances: Hazard Recognition," OSHA, accessed November 7, 2018 at:
https://www.osha.gov/SLTC/hazardoustoxicsubstances/hazards.html: "NIOSH Numbered Publications: Criteria
Documents," NIOSH, accessed at: https://www.cdc.gov/niosh/pubs/criteria date desc nopubnumbers.html.
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OSHA promulgated the standards to ensure the safe and effective management and cleanup of
unexpected releases of hazardous substances. HAZWOPER establishes requirements for
emergency response and cleanup at jobsites, including the notification and preparation of
emergency response workers. The regulations require employers to develop a written program
for their employees to address hazards and provide for emergency response actions, including an
organizational structure, comprehensive work plan, training programs, and medical surveillance
program.101
In 2002, OSHA expanded on its emergency response regulations through the implementation of
Emergency Action Plans (EAPs). The regulations require that employers prepare a written
document - the EAP - to create practices the employer and employees should follow during
workplace emergencies at a given facility. EAPs must include emergency reporting procedures,
evacuation procedures, the designation of certain facility operations as critical, employee
accounting systems, rescue and medical duties, and contact information. OSHA also
recommends, but does not require, that EAPs include alarm systems, alternative communication
systems, record storage provisions, and employee training.102
2. National Environmental Policy Act (1978)
In 1978, EPA created the Council on Environmental Quality Regulations for Implementing the
Procedural Provisions of the National Environmental Policy Act (NEPA). The council's role was
to coordinate among the agencies that implemented NEPA to ensure that the regulations remain
in accordance with the provisions of NEPA. Additionally, the regulation sought to ensure that
high quality environmental information is available to public officials and citizens before actions
are taken.103
3. Comprehensive Environmental Response, Compensation, and Liability Act (1980)
Congress enacted CERCLA on December 11, 1980 to establish a suite of regulatory programs to
respond to releases of hazardous substances into the environment and remediate hazardous sites
through the assignation of liability and the creation of a fund to pay for site cleanup. Also called
Superfund, the law initially taxed the chemical and petroleum industries to collect money for a
trust fund to provide for emergency removal actions and other cleanup activities at abandoned or
uncontrolled hazardous waste sites. Superfund's taxing authority expired in 1995 and was not
101 54 FR 9294; "Hazardous Waste Operations and Emergency Response (HAZWOPER)," OSHA, accessed
September 26, 2018 at: https://www.osha.gov/SLTC/emergencvpreparedness/hazwoper/index.html.
102 67 FR 67691; "Evacuation Plans and Procedures eTool: Emergency Action Plan," OSHA, accessed September
26, 2018 at: https://www.osha.gov/SLTC/etools/evacuation/eap.html.
103 43 FR 55990.
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renewed and, since 1996, EPA has increasingly relied on appropriations from the government's
general fund to supplement declining revenues to the Superfund trust.104
To facilitate EPA cleanup of sites that experienced hazardous substance contamination, the
legislation directed EPA to designate substances as "hazardous substances" under CERCLA;
CERCLA makes this designation by referencing substances designated as hazardous in other
environmental laws, namely CAA, CWA, RCRA, and TSCA. Significantly, CERCLA excludes
petroleum and fossil fuel combustion waste from its definition of hazardous substances, though
EPA guidance states that this exclusion does not apply to used oil and some other petroleum
products, which are to be included as CERCLA hazardous substances.105 CERCLA created
standards concerning closed and abandoned hazardous waste sites that released or threatened to
release hazardous substances and empowered EPA to hold persons or entities liable for those
releases. CERCLA required facilities to notify the public about the release of hazardous
substances and created guidelines for release response and remediation. EPA effects response
and removal actions by wholly or partially funding and conducting the action itself, or by
enforcing and overseeing an action performed by a responsibility party or responsible parties
deemed liable for contamination at the site under CERCLA liability assignation.106
CERCLA provides two types of actions in response to abandoned or uncontrolled hazardous
waste sites that are releasing or may release hazardous substances: short-term removals for
releases or threatened releases requiring immediate action to avert life threatening risk to human
health and/or the environment; and long-term remedial response actions that permanently and
significantly reduce the dangers of releases at sites that are serious but not urgent. Short-term
actions fall under EPA's Emergency Response and Removal Program, which coordinates and
effects the immediate removal of dangerous substances from public sites to prevent further
expansion of hazardous substances to the environment. Long-term remedial response actions
104 "Superfund: CERCLA Overview," EPA, accessed September 26, 2018 at:
https://www.epa.gov/superfund/superfund-cercla-overview: U.S. Government Accountability Office, "Superfund
Program: Current Status and Future Fiscal Challenges," GAO-03-850, July 31, 2003, accessed November 7, 2018 at:
https://www. gao. gov/products/GAQ-03 -850.
105 United States Environmental Protection Agency, Memorandum from Francis S. Blake to J. Winston Porter, re:
Scope of the CERCLA Petroleum Exclusion Under Sections 101(14) and 104(a)(2), Office of Solid Waste and
Emergency Response Directive No. 9838.1, July 31, 1987, accessed August 23, 2018 at:
https://www.epa.gov/enforcement/guidance-scope-cercla-petroleum-exclusion. Petroleum and fossil fuel
combustion waste are excluded from CERCLA's definition of hazardous substances because they are defined as
"special wastes" under RCRA, pursuant to the 1980 Bevill and Bentsen Amendments to the Solid Waste Disposal
Act. See "Special Wastes," EPA, accessed October 12, 2018 at: https://www.epa.gov/hw/special-wastes.
106 50 FR 13474; "Consolidated List of Lists under EPCRA/CERCLA/CAA §112(r) (March 2015 Version)," EPA,
accessed November 7, 2018 at: https://www.epa.gov/epcra/consolidated-list-lists-under-epcracerclacaa-ssll2r-
march-2015-version: "Superfund: CERCLA Overview," EPA, accessed September 26, 2018 at:
https://www.epa.gov/superfund/superfund-cercla-overview: "EPA's Role in Emergency Response," EPA, accessed
November 7, 2018 at: https://www.epa.gov/emergencv-response/epas-role-emergencv-response.
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occur through EPA's Superfund Remedial Program and require site evaluations and maintenance
after the completion of cleanup until EPA determines that the site no longer poses a risk of
potential releases.107
In addition to overseeing cleanup activities, EPA also implements the enforcement provisions of
CERCLA. Superfund designates as liable the parties responsible for the presence of hazardous
substances at a site that caused a release or possibility of release that necessitated cleanup.
Enforcement actions locate and hold accountable these "potentially responsible parties" (PRPs).
PRPs at a site may be liable for any cleanup costs the government incurs at the site, damages to
natural resources that resulted from the release, certain costs of health assessments, and/or
responsibility for future cleanup activities and costs. The PRPs at a site may include: the current
owners and operators of the site; the past owners and operators of the site at the time of
hazardous substance disposal; the parties that generated the hazardous substances present at the
site (generators); the parties that arranged for the disposal of hazardous substances at the site
(arrangers); and the parties that chose to transport the hazardous waste to the site for disposal
(transporters). CERCLA is also effective retroactive to its enactment in 1980, meaning that even
if the actions that resulted in the presence of hazardous substances at a site occurred prior to
1980, the parties responsible for those actions may be held liable under the statute. Finally, PRPs
at a site hold joint and several liability, which means any and all PRPs at a site may be liable for
the entirety of cleanup at the site, regardless of the presence of other PRPs.108
Once EPA has identified PRPs at a site, the agency reaches agreements for cleanup and cost
responsibility for the site through settlements and orders. As part of this process, EPA works to
ensure that the PRP, and not the government, funds remediation. Once EPA and a PRP reach a
settlement, CERCLA empowers EPA to impose financial assurance requirements on the PRP
through subsequent orders. Through these financial assurance requirements, EPA requires the
PRP to demonstrate that it has at its disposal adequate financial resources to complete cleanup at
the site. PRPs may meet the financial assurance requirements that EPA imposes in settlements
and orders through one of the following mechanisms: trust funds; letters of credit, surety bonds;
insurance policies; corporate financial tests; and corporate guarantees.109
107 "Superfund: CERCLA Overview," EPA, accessed September 26, 2018 at:
https://www.epa.gov/superfund/superfund-cercla-overview: U.S. Environmental Protection Agency, Office of
Emergency and Remedial Response, The Superfund Remedial Program, Spring 1986, accessed November 7, 2018
through the National Service for Environmental Publications; U.S. Environmental Protection Agency, EPA
Emergency Response and Removal Program: Over Two Decades of Protecting Human Health and the Environment,
2000, accessed November 7, 2018 through the National Service for Environmental Publications.
108 "Superfund Liability," EPA, accessed March 22, 2019 at: https://www.epa.gov/enforcement/superfund-liabilitv.
109 "Financial Assurance in Superfund Settlements and Orders," EPA, accessed March 22, 2019 at:
https://www.epa.gov/enforcement/financial-assurance-superfund-settlements-and-orders.
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The National Contingency Plan (NCP), originally implemented in 1968, was further revised
under CERCLA. The NCP was originally created to develop a system for accident reporting,
spill containment, and cleanup of oil spills. The CWA expanded its scope to include all
hazardous substances, and CERCLA further increased its purview to cover hazardous waste sites
requiring emergency removal actions. Also, under CERCLA, the NPL was founded through the
NCP. The NPL lists sites which have experienced known or threatened releases of hazardous
substances, pollutants, or contaminants to direct EPA's investigations. Listing on the NPL makes
a site eligible for long-term remedial response actions under the Superfund Remedial
Program.110
In conjunction with the NPL, CERCLA created the Hazard Ranking System (HRS). HRS is a
screening system that EPA uses to determine the risk posed by hazardous substance releases
from uncontrolled hazardous waste sites to human health and the environment. EPA makes risk
assessments under the HRS using preliminary assessments (PAs) and, if the PA concludes that
further action is needed, site inspections (Sis) of a site. The results of the SI form the basis for a
site's score on the HRS, which EPA consults when deciding whether to place a site on the NPL.
The HRS assigns numerical scores to three factors that are the subject of the SI: likelihood that a
site has released or has the potential to release hazardous substances into the environment;
toxicity and quantity of the waste at the site; and people or sensitive environments that a release
affects or may affect. Further, the HRS considers four possible migratory paths on which releases
may travel from the site: ground water migration; surface water migration; soil exposure, and air
migration. The HRS score combines a site's score for each of three risk factors and they pertain
to release through the four contamination pathways. EPA does not use HRS to determine a site's
priority on the NPL, just its addition to the list.111
If a site is not placed on the NPL, it may still be cleaned up as a removal site through the
Superfund Alternative Approach (SAA). The SAA first developed as an organic outgrowth of
states' desire to avoid listing a site on the NPL, so long as PRPs would enter cleanup agreements
with the relevant authorities. EPA first incorporated this cleanup model in the 2000 Superfund
Program Implementation Manual, in which EPA described it as the "NPL-equivalent" approach
110 "Superfund: National Priorities List (NPL)," EPA, accessed November 7, 2018 at:
https://www.epa.gov/superfund/superfund-national-priorities-list-npl: "Superfund: CERCLA Overview," EPA,
accessed September 26, 2018 at: https://www.epa.gov/superfund/superfund-cercla-overview: "National Oil and
Hazardous Substances Pollution Contingency Plan (NCP) Overview," EPA, accessed November 7, 2018 at:
https://www.epa.gov/emergencv-response/national-oil-and-hazardous-substances-pollution-contingencv-plan-ncp-
overview.
111 "Introduction to the Hazard Ranking System (HRS)," EPA, accessed November 7, 2018 at:
https://www.epa.gov/superfund/introduction-hazard-ranking-svstem-hrs: 55 FR 51532; U.S. Environmental
Protection Agency, Office of Solid Waste and Emergency Response, Hazard Ranking System Guidance Manual,
Publication 9345.1-07, November 1992, accessed November 7, 2018 at:
https://semspub.epa.gov/work/HO/189159.pdf: 55 FR 51532.
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to site remediation. In 2002, EPA issued formal guidance on the approach and renamed it the
SAA. EPA has issued further guidance on the approach in 2004 and 2012. SAA sites may
expedite cleanup by avoiding the process of listing the site on the NPL and allows EPA to retain
its enforcement authority at the site. The drawback to the SAA is that, because the site is not on
the NPL, it cannot access Superfund money for cleanup activities, it is not eligible for Technical
Assistance Grants to aid in cleanup efforts, and statute of limitations for natural resource damage
claims apply at the site. SAA sites are categorized by the funding lead at the site: "PRP lead,"
"mixed lead" (meaning the government and the PRP contributed to cleanup costs), and "fund
lead" (meaning the government ultimately took responsibility for the remediation).112 In addition
to the SAA, EPA may also transfer oversight of a site from the Superfund program to state
cleanup programs by placing remediation at the site in the Other Cleanup Activity program.
4. Superfund Amendments Reauthorization Act (1986)
In 1984, a Union Carbide plant in Bhopal, India accidentally released methyl isocyanate, which
resulted in the exposure of over 500,000 individuals to the hazardous substance and over 2,000
severe injuries and fatalities. In response to the Bhopal disaster, Congress amended CERCLA
through SARA, which it passed on October 17, 1986. The SARA legislation responded to issues
that EPA had identified with CERCLA over the course of the program's initial administration.
SARA increased the size of the Superfund trust from $1.6 billion to $8.5 billion, emphasized
permanent remediation strategies and treatment technologies at hazardous waste sites, provided
EPA enforcement authorities and settlement tools, increased state involvement, and revised
EPA's HRS so that its score criteria focused on the human health effects of hazardous waste
sites. Title III of SARA comprised the EPCRA. To reduce the possibility of a widespread
environmental catastrophe like Bhopal taking place in the United States, EPCRA imposed
emergency planning, reporting, and notification requirements related to hazardous and toxic
chemicals. The reporting and notification components of the law - the "Community Right-to-
Know" provisions - focused on ensuring that the public had access to information about the
presence, uses, and releases of chemicals at facilities. The reporting and notification
requirements also enabled state and local authorities to improve safety and response protocols to
better protect public health and the environment.113
112 Elliott J. Gilberg, Director of the Office of Site Remediation Enforcement, and James E. Woolford, Office of Site
Remediation and Technology Innovation, "Memo, re: Transmittal of Updated Superfund Response and Settlement
Approach for Sites using the Superfund Alternative Approach (SAA Guidance," September 2018, 2012, accessed
March 22, 2018; at https://www.epa.gov/sites/production/files/documents/rev-saa-2012-mem.pdf:
113 "What is EPCRA?," EPA, accessed September 26, 2018 at: https://www.epa.gov/epcra/what-epcra: "Superfund:
CERCLA Overview," EPA, accessed September 26, 2018 at: https://www.epa.gov/superfund/superfund-cercla-
overview ; "The Superfund Amendments and Reauthorization Act (SARA)," EPA, accessed November 7, 2018 at:
https://www.epa.gov/superfund/superfund-amendments-and-reauthorization-act-sara.
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Pursuant to SARA and EPCRA, EPA implemented several regulations that addressed reporting,
notification, and emergency planning at facilities where hazardous substances are present. In
1988, EPA established reporting requirements for the release of toxic chemicals. Facilities that
experience a release must submit information to EPA, and EPA, in turn, publishes and retains
that information in the Toxics Release Inventory (TRI). The TRI is a publicly available database
of releases. EPA also established reporting requirements for facilities that have hazardous
materials and/or extremely hazardous materials - as determined by OSHA - present over certain
quantity thresholds through Material Safety Data Sheets (MSDS or SDS). Finally, EPA
published Emergency Planning and Notification requirements under EPCRA. These
requirements stipulate that facilities that handle substances determined to be "extremely
hazardous" must disclose information necessary for state and local authorities to develop and
implement chemical emergency response plans.114
5. State Regulations
The following section briefly summarizes noteworthy state emergency planning and response
regulations that impose requirements on fossil fuel electric power generation facilities
incremental to federal regulatory requirements. These regulations were collected from a review
of state regulatory programs from a representative sample of states relevant to the fossil fuel
electric power generation industry.115
• Florida has issued state level regulations that establish cleanup criteria and site
rehabilitation at sites contaminated with pollutants or hazardous substances.116 Florida
also requires facilities that experience a release of a hazardous substance to report that
release to the Florida Department of Environmental Protection.117
• Illinois requires that facilities that experience a release of a hazardous material or
extremely hazardous substance immediately notify the Illinois Statement Emergency
Response Commission and submit a subsequent written report.118 Illinois has also
enacted the Illinois Hazardous Substances Pollution Contingency Plan program to
effectuate the response powers and responsibilities of Illinois state authorities to take
114 "What is EPCRA?," EPA, accessed September 26, 2018 at: httos://www .epa.gov/cpcra/what-cpcra: "Superfund:
CERCLA Overview," EPA, accessed September 26, 2018 at: https://www.epa.gov/superfund/superfund-cercla-
overview: 73 FR 65478; 73 FR 65462; 53 FR 4525; and see "Toxics Release Inventory (TRI) Program: Data and
Tools," EPA, accessed November 7, 2018 at: https://www.epa.gov/toxics-release-inventorv-tri-program/tri-data-
and-tools.
115 For a description of EPA's methodology to determine the representative sample of states, see Appendix I. For a
comprehensive summary of the relevant state regulations that EPA located, see Appendix III.
116 F.A.C. 62-780.
117 F.A.C. 62-150.
118 29 111. Admin. Code 430.
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preventative or corrective action in response to release or substantial threat of a release of
a hazardous substance.119
• Iowa requires that any person manufacturing, storing, handling, transporting, or
disposing of a hazardous substance notify the Iowa Department of Natural Resources and
local law enforcement upon the occurrence of a hazardous condition (i.e., spillage,
leakage, or release of a hazardous substance), with subsequent submission of a written
report.120 Iowa also establishes recordkeeping and reporting requirements on
occupational accidents to develop information on the causes and prevention of accidents
and to maintain a program of collection, compilation, and analysis of occupational safety
and health statistics.121
• Michigan has a state level hazardous waste service fund, and sets out the criteria for
declaring a hazardous waste emergency.122 Michigan also establishes specific, state-level
work practices to be used during the operation and maintenance of electrical power
generation, transmission, and distribution facilities.123 Additionally, Michigan sets
cleanup criteria for state response activities to protect the public health, safety, welfare,
and the environment and that include requirements for cleanup activities for groundwater
and drinking water.124
• Missouri requires notification and submission of a written report following the release of
a reportable quantity of a hazardous substance or an extremely hazardous substance.125
• North Carolina has a first responder certification program for hydrocarbon fuel tank
leaks.126
• Texas regulations establish annual fees to be assessed against wastewater permit holders
authorized to discharge wastewater into or adjacent to waters of the state.127
• Wisconsin's hazardous release notification requirements include state-level requirements
for owners or operators of underground storage tank systems.128 Wisconsin also has state-
119 35 111. Admin. Code 750
120 Iowa Administrative Code 567.131.
121 Iowa Administrative Code 875.4.
122 Michigan Administrative Code R 299.9901-9903.
123 Michigan Administrative Code R 408.18601-18610.
124 Michigan Administrative Code R 299.1-299.5.
125 11 CSR 10-11.230.
126 13NCAC 075 .0103.
127 30 Tex. Admin. Code 21.
128 Wis. Admin. Code. NR 706.
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level toxic chemical inventory reporting regulations that define reporting requirements
for submission of toxic chemical inventory reports, covering chemical release reporting,
establishment of thresholds, exemptions, and protection of trade secrets.129
D. Hazardous Substances Management
Hazardous substances management regulations address the storage and transportation of
CERCLA hazardous substances. These regulations are implemented by EPA, OSHA, and the
Pipeline and Hazardous Materials Safety Administration (PHMSA), an office within the
Department of Transportation. The regulations address the registration and reporting of
hazardous substances that are manufactured or produced through industrial processes, preventing
releases or mitigating the harm caused by releases of hazardous substances, safety and
catastrophe prevention for facilities that handle hazardous substances, and provide standards that
govern the transportation of hazardous substances. EPA implements hazardous substances
management regulations largely under the authority of the TSCA and the Pollution Prevention
Act (PPA). Within EPA, the Assistant Administrator for the Office of Chemical Safety and
Pollution Prevention plays a key role in hazardous substances management, serving as the
principal adviser to the EPA in issues related to the assessment and regulation of pesticides and
toxic substances. The Office of Chemical Safety and Pollution Prevention also manages
programs under TSCA, PPA, and FIFRA.130 OSHA's Process Safety Management of Highly
Hazardous Chemicals standards were promulgated under the authority of the Occupational
Safety and Health Act, itself. Finally, PHMSA administers the transportation of hazardous
substances under the authority of the Hazardous Materials Transportation Act and the Hazardous
Liquid Pipeline Safety Act.
1. Toxic Substances Control Act (1976)
The Toxic Substances Control Act (TSCA), enacted in 1976, and revised in 2016 by the Frank R.
Lautenberg Chemical Safety for the 21st Century Act, provides EPA with authority to issue rules
requiring reporting, record-keeping, and testing of specific chemicals and to establish regulations
that restrict the manufacturing (including import), processing, distribution in commerce, use, and
disposal of chemicals and mixtures. TSCA authorizes EPA to prevent unreasonable risks by
regulating chemicals and mixtures, ranging from hazard warning labels to the outright ban on the
manufacture, processing, distribution in commerce or use of certain chemicals and mixtures.
EPA can take actions to address areas of concern for any of the substances listed in the TSCA
Inventory, which currently contains about 85,000 chemicals. Under TSCA, "chemical
129 Wis. Admin. Code WEM 3.
130 "About the Office of Chemical Safety and Pollution Prevention," EPA, accessed November 11, 2018 at:
https://www.epa.gov/aboutepa/about-office-chemical-safetv-and-pollution-prevention-ocspp.
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substances" include organic chemicals, inorganics, polymers, chemicals of unknown or variable
composition, complex reaction products, biological materials, and intergeneric microorganisms.
TSCA does not apply to pesticides, foods, drugs, cosmetics, tobacco, nuclear materials, or
• • 1^1
munitions.
EPA tracks existing chemical substances in use or in the marketplace through the Chemical
Substance Inventory. Through the Chemical Substance Inventory, EPA compiles, keeps current,
and publishes a list of each chemical substance that is manufactured, imported, or processed.
EPA created the Chemical Substance Inventory through a rule that went into effect on January 1,
1978, which required industry to report the chemical substances that had been in use or in
commerce since January 1975. EPA subsequently published the initial Chemical Substance
Inventory in 1979 based on that reporting, and periodically updated the inventory since then. The
most recent version of the inventory, published in 2017, lists approximately 85,000 chemical
substances. The Chemical Substance Inventory designates substances as "existing" if the
substance is in the inventory; substances not in the inventory are "new chemical substances" and
notice must be given to EPA so that the agency can review the new chemical and add it to the
inventory before the applicant introduces the chemical in use or to the marketplace. The
Chemical Substance Inventory also adds "flags" to substances for which there are manufacturing
1 ^9
or use restrictions.
In addition to the Chemical Substance Inventory, EPA also implemented the Chemical Data
Reporting Program and the New Chemicals Review Program under the authority of TSCA. Both
programs aid EPA in assessing the risks to human health and the environment posed by new
chemical substances.
The New Chemicals Review Program is the system by which EPA evaluates "new chemical
substances" that are not on the Chemical Substance Inventory to assess their risk profile. Ninety
days before manufacturing or importing a new chemical substance, the manufacturer or importer
must submit a Premanufacture Notice (PMN) for the substance, which includes the information
necessary for EPA to conduct a risk and use evaluation. Based on the PMN, EPA determines the
conditions and restrictions under which the substance may be manufactured and/or imported.
Once EPA completes its review of the PMN, the applicant may begin importation or
manufacture of the substance but must also submit a Notice of Commencement of Manufacture
131 "About the TSCA Chemical Substance Inventory," EPA, accessed September 19, 2018 at:
https://www.epa.gov/tsca-inventorv/about-tsca-chemical-substance-inventorv: "Overview of Biotechnology under
TSCA," EPA, accessed September 19, 2018 at: https://www.epa.gov/regulation-biotechnology-under-tsca-and-
fifra/overview-biotechnology-under-tsca: 42 FR 64572.
132 "About the TSCA Chemical Substance Inventory," EPA, accessed September 19, 2018 at:
https://www.epa.gov/tsca-inventorv/about-tsca-chemical-substance-inventorv: "Basic Information for the Review of
New Chemicals," EPA, accessed November 26, 2018: https://www.epa.gov/reviewing-new-chemicals-under-toxic-
substances-control-act-tsca/basic-information-review-new: 48 FR 21742.
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or Import to EPA within 30 days of the start of the introduction of the chemical. Upon receipt of
the Notice of Commencement of Manufacture or Import, EPA adds the substance to the
Chemical Substance Inventory, designates it as "existing," and adds flags regarding the
manufacture or use restrictions that EPA determined to be appropriate in its PMN review.133
TSCA and its amendments have also established specific programs for the management of certain
chemicals - namely, PCBs, asbestos, radon, lead, mercury, and formaldehyde. For example, the
original 1976 legislation included a phased ban on the manufacture, processing, distribution in
commerce and use of PCBs; the final ban took effect in 1979, except for specific uses of PCBs
authorized by EPA and distribution of PCB items determined by EPA to be "totally enclosed". It
also established a strict protocol for cleanup, storage, and disposal of PCBs, including a permitting-
type program for disposal of PCB waste. 40 CFR Part 761 contains the TSCA regulations that
address PCBs.
TSCA section 6(e) establishes a set of requirements that apply throughout the lifecycle of PCBs.
Specifically, TSCA prohibits the manufacturing, processing, distribution in commerce, and use of
PCBs, except under certain exclusions, exemptions, and authorizations. Regulations implementing
TSCA section 6(e), found in 40 CFR Part 761, contain certain criteria through which EPA may
obtain additional knowledge of the PCB universe. For example, the regulatory use authorization
for PCB Transformers generally require owners to register those transformers with EPA. TSCA
also established EPA's authority to promulgate rules to prescribe methods for the disposal of
PCBs. The TSCA PCB regulations include storage and disposal requirements for specific types of
PCB waste which are designed to prevent unreasonable risk of injury to health or the environment.
These regulations may dictate comprehensive requirements, such as verification sampling and
financial assurance, or may provide for the issuance of an approval (permit) = which takes into
account factors specific to the facility and serves as an enforceable document that governs PCB
activities at that facility. In particular, the PCB regulations provide for the cleanup and disposal of
PCB remediation waste through self-implementing provisions, performance-based disposal
requirements, and site specific risk-based approvals. Cleanup and disposal requirements can
include notification, sampling, approval requirements, and institutional controls. Regulatory
notification provisions for PCB waste activities require facilities to notify EPA of specific PCB
activities, including transportation, disposal, storage, R&D/treatment, and certain generation. All
affected PCB waste is manifested from the generator to final disposal.
133 "About the TSCA Chemical Substance Inventory," EPA, accessed September 19, 2018 at:
https://www.epa.gov/tsca-inventorv/about-tsca-chemical-substance-inventorv: "Basic Information for the Review of
New Chemicals," EPA, accessed November 26, 2018: https://www.epa.gov/reviewing-new-chemicals-under-toxic-
substances-control-act-tsca/basic-information-review-new.
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Numerous laws and regulations control use of asbestos and direct procedures for asbestos
abatement. Under TSCA, in 1989, EPA imposed a partial ban on manufacture, import, processing,
and distribution of some asbestos-containing products and in April 2019 Significant New Use
Rule134 ensured that other discontinued uses of asbestos cannot reenter the marketplace without
EPA review. OSHA has promulgated standards for asbestos exposure in work under 29 CFR Part
1926.1101. This part sets permissible exposure limits, set standards for restriction of access to
regulated areas and require employers to provide respirators for employees in those areas,
implement monitoring and exposure assessment testing and frequency requirements, and prescribe
engineering controls and work practices for operations to come into compliance. Additionally,
EPA's Asbestos Worker Protection Rule, promulgated under the authority of the TSCA, extends
these worker protections to state and local government employees involved in asbestos work who
are not covered by OSHA's asbestos regulations. Asbestos demolition methods are separately
regulated by the Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP)
regulation under the Clean Air Act. The Asbestos NESHAP established requirements that apply
to asbestos removal, transportation, and disposal practices from a variety of sources, and is
intended to minimize the release of asbestos fibers during activities involving the handling of
asbestos.135
PCBs, asbestos, and mercury are the most relevant to the electric power generation, transmission,
and distribution industry damage case sites. Regulations that govern PCB spill reporting and
cleanup take the same approach by requiring sampling of the spill and categorizing spill
reporting and cleanup standards and requirements by the concentration of PCBs present in the
spill. The presence of PCBs in concentrations greater than 50 ppm trigger reporting, disposal,
and pre-cleanup sampling requirements. Further, spills that involve one pound or more of PCBs
by weight necessitates that the operator report the spill to the National Response Center and
spills that exceed ten pounds of PCBs require the responsible party to decontaminate the spill
area in accordance with TSCA policy. Under 40 CFR Part 761.125, for high concentration spills
and low concentration spills with significant total amounts of PCBs by weight (over one pound),
within 24 hours of the time the responsible party became aware of the spill, the responsible party
must notify the EPA regional office and the National Response Center, cordon off or delineate
the area, record the area of visible concentration, and initiate cleanup and removal of visible
traces of the spill fluid and affected media. Electrical substations must clean solid surfaces to a
PCB concentration of 100 micrograms per 100 square centimeters, and clean contaminated soil
to a concentration of 25 parts per million, or 50 parts per million if the affected area is clearly
labeled. The regulations set out additional standards and practices for spills that contaminate
surface water, sewers, or drinking water, and for spills that contaminate grazing land.
134 Restrictions on Discontinued Uses of Asbestos, 84 FR 17345 (April 25, 2019)
135 See https://www.epa.gov/asbestos/overview-asbestos-national-emission-standards-hazardous-air-pollutants-
neshap#was.
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With respect to asbestos, TSCA requires employers to comply with OSHA standards for asbestos
exposure in work under 29 CFR Part 1926.1101. This part sets permissible exposure limits, set
standards for restriction of access to regulated areas and require employers to provide respirators
for employees in those areas, implement monitoring and exposure assessment testing and
frequency requirements, and prescribe engineering controls and work practices for operations to
come into compliance. Additionally, EPA's Asbestos Worker Protection Rule, promulgated
under the authority of the TSCA, extends these worker protections to state and local government
employees involved in asbestos work who are not covered by OSHA's asbestos regulations.136
2. The Frank R. Lautenberg Chemical Safety for the 21st Century Act (2016)
The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), which
Congress passed on June 22, 2016, amends TSCA. EPA is in the process of implementing
regulations pursuant to the Lautenberg Act. The Lautenberg Act requires EPA to designate
chemicals already on the Chemical Substance Inventory as either "high" or "low" priority, and
then conduct risk evaluations of high priority substances under a new risk standard with a
deadline for evaluation completion. EPA may shift substances that it initially designates as low
priority to high priority upon review of additional information or as new manufacturing,
processing, or use processes emerge. The new risk standard, which EPA also applies to PMN
reviews, replaces the risk and benefit analysis that EPA used under the old TSCA with a safety
standard that determines whether the substance poses an "unreasonable" risk, regardless of its
use and potential benefit. The new standard also requires EPA to consider the risks to susceptible
and highly exposed populations. If EPA identifies an unreasonable risk, it must take a risk
management action, such as ban or phase out of the substance, within two years of identification,
and it must implement the selected risk management action within five years. EPA must also
publish annual reports on its ongoing risk evaluations.137
The Lautenberg Act also added designations to the Chemical Substance Inventory. Shortly after
the Lautenberg's Act passage, EPA issued a rule that required industry to report all the chemicals
they manufactured, imported, or processed in the United States for the ten years prior to the
passage of the act, from June 21, 2006 to June 21, 2016. The reporting periods for manufacturers
and processors ended in 2018. Based on the results of this reporting, when EPA publishes future
versions of the Chemical Substance Inventory, it will include a designation for each chemical
136 "Asbestos Laws and Regulations," EPA, accessed April 18, 2019 at: httos://www.epa.gov/asbestos/asbestos-
laws-and-re gulations.
137 "The Frank R. Lautenberg Chemical Safety for the 21st Century Act Implementation Activities," EPA, accessed
October 12, 2018 at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-
chemical-safetv-21 st-centurv-act-5' "Highlights of the Key Provisions in the Frank R. Lautenberg Chemical Safety
for the 21st Century Act," EPA, accessed October 12, 2018 at: https://www.epa.gov/assessing-and-managing-
chemicals-under-tsca/highlights-kev-provisions-frank-r-lautenberg-chemical.
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substance of either "active," meaning that the chemical was manufactured, processed, or
imported in the preceding ten years, or "inactive," meaning that it was not in use during that
period. The designation of active chemical substances will support EPA's identification of high
priority substances that will undergo risk evaluation.138
The Lautenberg Act also directed EPA to publish an inventory of mercury supply, use, and trade
in the United States not later than April 1, 2017. EPA compiled the report from publicly
available data and published the initial inventory on March 29, 2017. Based on this inventory,
the Lautenberg Act further directed EPA to recommend actions to reduce mercury use.139 EPA
supplemented the inventory with a rule that required manufacturers and importers of mercury to
report on these practices, effective August 27, 2018, which will support future, triennial
publication of the mercury inventory.140
3. Pollution Prevention Act (1990)
The PPA, which Congress passed in 1990, created a national policy framework to focus industry,
government, and public attention on pollution and to prevent or reduce pollution at the source
through cost-effective changes in production, operation, and raw materials use - a policy that
was termed "source reduction". Source reduction refers to practices that reduce hazardous
substances from being released into the environment prior to recycling, treatment or disposal.
The term includes equipment or technology modifications, process or procedure modifications,
reformulation or redesign of products, substitution of raw materials, and improvements in
housekeeping, maintenance, training, or inventory control.
PPA regulations are intended to focus regulatory attention and government action on the tenets
of pollution prevention. Pursuant to that goal, EPA implements regulations that establish national
policies calling for the reduction of source pollution and the recycling, treatment, and
environmentally safe disposal of pollutant material that cannot be reduced at the source. EPA
further issues grants to support pollution prevention measures implemented at the state level. In
addition to the establishment of a national policy to promote pollution prevention, PPA
regulations require facility owners and operators that file annual toxic chemical release forms to
include toxic chemical source reduction and recycling reports with that filling.141
138 "TSCA Inventory Notification," EPA, accessed September 19, 2018 at: https://www.epa.gov/tsca-inventorv/tsca-
inventorv-notification-active-inactive-rule: 82 FR 37540.
139 82 FR 15522.
140 83 FR 30054; "The Frank R. Lautenberg Chemical Safety for the 21st Century Act Implementation Activities,"
EPA, accessed April 18, 2019 at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-
lautenberg-chemicaI-safetv-21 st-centurv-act-5.
141 "Pollution Prevention Law and Policies," EPA, accessed September 19, 2018 at:
https://www.epa.gov/p2/pollution-prevention-law-and-policies: and "Summary of the Pollution Prevention Act,"
EPA, accessed September 19, 2018 at: https://www.epa.gov/laws-regulations/summarv-pollution-prevention-act: 42
U.S.C. §13106.
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4. Hazardous Material Transportation Act (1975) and Amendments
Transportation and pipeline regulations address another aspect of requirements related to the
management of hazardous substances. The Department of Transportation implements these
regulations through its Pipeline and Hazardous Materials Safety Administration (PHMSA). With
respect to the transportation of hazardous materials by means other than pipeline, Congress
enacted the Hazardous Material Transportation Act (HMTA) in 1975. The Department of
Transportation has the power to designate substances and quantities that it believes may pose an
unreasonable risk to health and safety or property as hazardous materials for the purposes of the
act. HTMA empowers the Department of Transportation to implement packaging requirements,
operational rules, and safety and preventative procedures and policies for transporters of
designated hazardous materials.142
Congress amended HTMA with the Hazardous Materials Uniform Safety Act of 1990
(HMTUSA). In part, HMTUSA rationalized a conflicting set of state, local, and federal
hazardous material transportation regulations. HMTUSA reaffirmed the Department of
Transportation's authority to designate hazardous materials and promulgate regulations for the
transportation of those materials in intrastate, interstate, and foreign commerce. Further, through
subsequent regulations implemented under the authority of HMTUSA, the Department of
Transportation standardized federal and state highway routing regulations, created a federal
permitting system for hazardous material transporters, and regulated the transportation of
radioactive materials.143
5. National Gas Pipeline Safety Act (1968) and Amendments
A separate set of statutes established the regulatory regime for the transportation of hazardous
materials via pipelines. The Natural Gas Pipeline Safety Act of 1968 was the first of these pieces
of legislation and was later amended in 1976. The act created the Office of Pipeline Safety,
which was later placed under PHMSA, to administer and promulgate pipeline safety regulations.
Three years later following the initial amendment, the Hazardous Liquid Pipeline Safety Act of
1979 made liquid pipelines subject to the regulatory framework established through the Natural
Gas Pipeline Safety Act. Congress further amended the pipeline regulations through: the Pipeline
142 "Transporting Hazardous Materials," OSHA, accessed November 11, 2018 at:
https://www.osha.gov/SLTC/trucking industrv/transportinghazardousmaterials.html: "Office of Pipeline Safety,"
Department of Transportation, accessed November 26, 2018 at: https://www.transportation.gov/content/office-
pipeline-safetv.
143 "Transporting Hazardous Materials," OSHA, accessed November 11, 2018 at:
https://www.osha.gov/SLTC/trucking industrv/transportinghazardousmaterials.html.
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Safety Reauthorization Act of 1988; the Pipeline Safety Act of 1992; the Accountable Pipeline
Safety and Partnership Act of 1996; the Pipeline Safety Improvement Act of 2002, the Pipeline
Inspection, Protection, Enforcement, and Safety Act of 2006; the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011; and the Protecting Our Infrastructure of Pipelines
Enhancing Safety Act of 2016. The key regulations implemented under the authority of these
statutes establish reporting requirements and minimum federal safety standards for transporters
of gas by pipeline, establish federal safety standards for liquefied natural gas facilities, and
establish standards and requirements for the transportation of hazardous liquids by pipeline.144
6. State Regulations
The following section briefly summarizes noteworthy state hazardous substances management
regulations that impose requirements on fossil fuel electric power generation facilities
incremental to federal regulatory requirements. These regulations were collected from a review
of state regulatory programs from a representative sample of states relevant to the fossil fuel
electric power generation industry.145
• Pennsylvania prescribes method for the packing, loading, and unloading of hazardous
materials. The regulations also specify the marking, inspection, condition, and equipment
of vehicles transporting hazardous materials, driver qualifications, and other standards
related to vehicles transporting hazardous materials.146
144 "A brief history of federal pipeline safety laws," Pipeline Safety Trust, accessed November 11, 2018 at:
http://pstrust.org/about-pipelines/regulators-regulations/a-brief-historv-of-federal-pipeline-safetv-laws/: "PHMSA's
Mission," PHMSA, accessed November 26, 2018 at: https ://www.phmsa.dot. gov/about-phmsa/phmsas-mission:
"Protecting Our Infrastructure of Pipelines Enhancing Safety (PIPES) Act," PHMSA, accessed November 11, 2018
at: https://www.phmsa.dot.gov/pipes-act: "Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011,"
PHMSA, accessed November 11, 2018 at: https://www.phmsa.dot.gov/legislative-mandates/pipeline-safetv-
act/pipeline-safetv-regulatorv-certaintv-and-iob-creation-act.
145 For a description of EPA's methodology to determine the representative sample of states, see Appendix I. For a
comprehensive summary of the relevant state regulations that EPA located, see Appendix III.
146 67 Pa. Code 403.
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• Several states set state-level standards for the generation, transportation, processing, and
disposal of used oil, including: Florida,147 Illinois,148 Iowa,149 Minnesota,150 Ohio,151
Pennsylvania,152 Texas,153 and Wisconsin.154
E. Hazardous and Non-Hazardous Waste Disposal and Management
While hazardous substances management regulations focus on the storage and transportation of
CERCLA hazardous substances, a separate subset of regulations addresses hazardous waste
disposal and management. Congress's amendment of the 1965 Solid Waste Disposal Act
(SWDA) with RCRA on October 21, 1976 marked the inception of the modern hazardous waste
regulatory regime. The regulations promulgated under the authority of RCRA and its subsequent
amendments allow EPA to address hazardous waste using a "cradle to grave" approach; RCRA's
scope comprises the generation, transportation, treatment, storage, and disposal of hazardous
waste. RCRA statutes also address the designation of wastes as "hazardous," the management
and disposal of non-hazardous solid waste through the encouragement of state industrial and
municipal waste management plans, and underground storage tanks that contain hazardous
substances or petroleum products. EPA's regulatory approach under RCRA has involved the
generation of standards specific to types of hazardous wastes, types of hazardous waste disposal
facilities, and types of hazardous waste disposal activities; EPA enforces these standards through
permitting, reporting and inspection programs.155
1. Resource Conservation and Recovery Act (1976)
RCRA included broad policy goals to protect human health and the environment from the
potential hazards of waste disposal, conserve energy and natural resources, reduce waste
generation, and ensure that waste management practices are environmentally sound. Pursuant to
these goals, RCRA established a hazardous waste disposal program under Subtitle C, a solid
waste program for industrial and municipal solid waste under Subtitle D, and an underground
147 F.A.C. 62-710.
148 35 111. Adm. Code 739.
149 Iowa Administrative Code 567.119.
150 Minnesota Administrative Rules, Chapter 7045.0790-0990.
151 OAC 3475-279.
152 25 Pa. Code 298.
153 30 Tex. Admin. Code 324.
154 Wis. Admin. Code NR 679.
155 "EPA History: Resource Conservation and Recovery Act," EPA, accessed September 26, 2018 at:
https://www.epa.gov/historv/epa-historv-resource-conservation-and-recoverv-act: "Summary of the Resource
Conservation and Recovery Act," EPA, accessed September 26, 2018 at: https ://www.epa. gov/laws-
regulations/summarv-resource-conservation-and-recoverv-act.
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storage tank program under Subtitle I. Under the authority of the hazardous waste program under
Subtitle C, EPA promulgated its "cradle to grave" approach to controlling hazardous waste from
generation to disposal.156
EPA's first significant rulemaking under RCRA was its implementation of the hazardous waste
and consolidated permit regulations, which EPA published on May 19, 1980, with an effective
date of November 19, 1980. These regulations included the identification of hazardous wastes
that would be regulated under RCRA Subtitle C. They also established standards for generators
of hazardous waste, transporters of hazardous waste, and operators of hazardous waste treatment,
storage, and disposal facilities (TSDFs). The TSDF standards include air emission standards for
process vents, equipment leaks, tank systems, surface impoundments, and containers. TSDFs are
also required to maintain a manifest system of the hazardous waste they received, among other
recordkeeping and reporting standards. Slightly later in the 1980s, EPA promulgated regulations
that set financial assurance requirements for TSDFs.157
Additionally, the 1980 RCRA regulations created permitting programs for hazardous waste
generators, transporters, and TSDFs. The TSDF permitting programs include application
procedures, permit approval conditions, and monitoring and reporting requirements. Operators
that handle and manifest hazardous waste at any point in its lifecycle are to notify EPA of these
activities. TSDFs must have permits for the entirety of the active life of the permitted unit,
including during closure. RCRA permit applications have two parts: a standardized form (Part A)
and a narrative document (Part B). New hazardous waste management facilities must submit
both parts of the application at least 180 days before the commencement of construction and/or
hazardous waste management activities.158
On January 26, 1983, EPA promulgated standards under RCRA Subtitle C for specific disposal
types and disposal units. These standards cover solid waste management units, surface
impoundments, waste piles, land treatment of hazardous waste, and landfills. EPA implements
disposal type and unit specific standards through the RCRA permitting system. Requirements
that permit holders must meet include response action plans, the enactment of monitoring and
inspection programs, surveying and recordkeeping, emergency repair and contingency plans, and
closure and post-closure plans and activities.159
In 1984, Congress enacted the Hazardous and Solid Waste Amendments (HWSA), which were
signed into law on November 8, 1984. HWSA sought to minimize waste generation and phase
out land disposal of hazardous waste. As such, in 1986, EPA promulgated a suite of regulations
156 "EPA History: Resource Conservation and Recovery Act," EPA, accessed October 12, 2018 at:
https://www.epa.gov/historv/epa-historv-resource-conservation-and-recoverv-act.
157 45 FR 33063; 47 FR 15047.
158 45 FR 33063.
159 47 FR 32357.
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that established standards and restrictions for land disposal of hazardous waste. While the
regulations set more stringent guidelines for the land disposal of hazardous waste, some
hazardous wastes and some types of land disposal are prohibited altogether. Operators are
prohibited from diluting hazardous waste with water and practicing land disposal as a substitute
for treatment; operators were now required to practice land disposal only following treatment
and only in appropriate surface impoundments. Further, operators must meet testing, removal,
recordkeeping, and design requirements. Additional standards, restrictions, and prohibitions are
in place for hazardous waste that exhibited ignitability, corrosivity, reactivity, or toxicity.160
HWSA set deadlines for the fulfillment of RCRA requirements and permitting programs; they
required that all landfills and surface impoundments install groundwater monitoring, technical
requirements, such as double liners and leachate collection, and obtain financial assurance by
one year after they were signed into law on November 8, 1985. The amendments also added to
RCRA's waste programs regulations for small quantity generators and TSDFs, facilities that
generated between 100 to 1,000 kilograms per month of hazardous waste, which were previously
exempt from RCRA rules. These small quantity generator rules took effect on September 22,
1986.161
HWSA also established closure and post-closure requirements for hazardous waste TSDF
facilities. In addition to closure standards that facilities must meet, facilities must also generate
closure plans, which include allowances for time for the performance of closure related
activities. Upon the completion of closure of a hazardous waste disposal unit, owners and
operators of facilities must submit a certification of closure to the relevant EPA regional office.
Post-closure requirements under RCRA cover 30 years following closure completion. Facilities
must implement a post-closure plan that abides by post-closure property use and care guidelines.
Notification and security requirements remain in place so long as hazardous waste is present at
the facility, even after the 30-year post-closure period.162
In 1988, EPA finalized regulations under RCRA Subtitle I that included provisions relevant to
hazardous waste, to be effective on October 26, 1989. The rule set out technical standards and
corrective action requirements for owners and operators of underground storage tanks. It
includes installation requirements, design standards, installation standards, notification
requirements, operational procedures, release reporting requirements, release response and
corrective action procedures for underground storage tank systems that contain petroleum or
hazardous substances. The regulation also included financial responsibility for underground
160 51 FR 40572.
161 51 FR 40572.
162 51 FR 164444.
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storage tank owners and operators. In the same notification, EPA established guidelines for the
approval of state underground storage tank programs.163
2. Solid Waste Disposal Amendments (1980)
In 1978, EPA initially proposed regulations for managing hazardous waste under Subtitle C, the
agency deferred imposing hazardous waste requirements for six categories of waste until the
completion of further study and assessment: cement kiln dust, mining and ore processing waste,
oil and gas drilling muds and oil production brines, phosphate rock mining and processing waste,
uranium waste, and utility waste, in other words, fossil fuel combustion waste. On October 12,
1980, Congress enacted the Solid Waste Disposal Amendments (SWDA), amending RCRA,
which included regulations for managing non-hazardous waste under Subtitle, along with the
Bentsen and Bevill Amendments. The Bentsen and Bevill Amendments exempted "special
wastes" from regulation as hazardous wastes under Subtitle C of RCRA, including petroleum
and fossil fuel combustion wastes, such as CCR. Instead, the Amendments called for further
study and assessment of risk for the wastes that the special wastes. EPA would submit a formal
report to Congress on the risk of the special wastes to human health and the environment, and
then make a final regulatory determination within six months of report submission. The Bentsen
Amendment designated drilling fluids, produced waters, and other wastes associated with the
exploration, development, and production of crude oil or natural gas or geothermal energy as
special wastes. The Bevill Amendment designated fossil fuel combustion waste, mining and
mineral processing waste, and cement kiln dust as special wastes.164
Ultimately, EPA divided fossil fuel combustion waste into two subcategories: 1) large-volume
coal combustion wastes generated at electric utility and independent power producing facilities;
and 2) all other fossil fuel combustion wastes, such as those at power producing facilities that are
co-managed with other coal combustion wastes, coal combustion wastes generated at non-
utilities, and waste from the combustion of other fuels, including oil and natural gas.165 EPA also
submitted a report to congress on electric utility coal combustion waste in February 198 8.166 On
163 53 FR 37082 and 43322; "1988 Underground Storage Tanks; Technical Requirements; Final Rule and
Underground Storage Tanks Containing Petroleum - Financial Responsibility Requirements and State Program
Approval Objective; Final Rule," EPA, accessed November 27, 2018 at: https://www.epa.gov/ust/1988-
underground-storage-tanks-technical-requirements-final-rule-and-underground-storage-tanks.
164 "Wastes - Non-Hazardous Waste - Industrial Waste," EPA, accessed October 12, 2018 at:
https://archive.epa.gov/epawaste/nonhaz/industrial/special/web/html/index.html: "Special Wastes," EPA, accessed
October 12, 2018 at: https://www.epa. gov/hw/special-wastes.
165 "Special Wastes," EPA, accessed October 12, 2018 at: https://www.epa.gov/hw/special-wastes: "Legislative and
Regulatory Timeline for Fossil Fuel Combustion Wastes," EPA, accessed October 12, 2018 at:
https://www.epa.gov/coalash/legislative-and-regulatorv-timeline-fossil-fuel-combustion-wastes.
166 "Legislative and Regulatory Timeline for Fossil Fuel Combustion Wastes," EPA, accessed October 12, 2018 at:
https://www.epa.gov/coalash/legislative-and-regulatorv-timeline-fossil-fuel-combustion-wastes: United States
Environmental Protection Agency, "Report to Congress: Wastes from the Combustion of Coal by Electric Utility
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August 9, 1993, EPA determined that fly ash, bottom ash, boiler slag, and flue gas emission
control dust from coal-fired electric utility plants were not to be considered as hazardous wastes
under RCRA.167 On March 31, 1999, EPA submitted a report to Congress addressing the other
category of fossil fuel combustion waste.168 On May 22, 2000, EPA determined that non-
hazardous waste regulations under RCRA Subtitle D are necessary for coal combustion wastes
disposed of in landfills and surface impoundments, and used as mine fill. The May 22, 2000
regulatory determination also confirmed the exemption of large-volume coal combustion wastes
and the remaining fossil fuel combustion wastes from RCRA Subtitle D regulation.169
EPA published a final rule on the disposal of coal combustion waste from electric utilities on
April 17, 2015. EPA published an update in the Federal Register on July 2, 2015 that set the
effective date of the CCR rule on October 19, 2015. The rule establishes technical requirements
for landfills and surface impoundments that contain coal combustion waste. With these technical
requirements, the rule addresses risks from CCR disposal such as groundwater contamination,
windborne coal ash emissions, and catastrophic failure.170 In any cases where releases might
occur, the 2015 CCR Rule includes both closure and corrective action provisions that could be
used to remedy those releases. These regulations establish minimum national criteria for existing
and new CCR landfills, existing and new CCR surface impoundments, and lateral expansions of
these units including: location restrictions, design and operating criteria, groundwater monitoring
and corrective action, closure and post closure care requirements, as well as recordkeeping,
notification, and internet posting requirements. These regulatory requirements are designed
specifically to prevent the types of risks from CCR that have occurred in the past. EPA did not
establish financial assurance requirements as part of the CCR rule.171
Power Plants," February 1988, accessed October 12, 2018 at: httos ://www .epa. gov/sites/production/files/2015-
08/documents/coal-rtc.pdf.
167 "Legislative and Regulatory Timeline for Fossil Fuel Combustion Wastes," EPA, accessed October 12, 2018 at:
https://www.epa.gov/coalash/legislative-and-regulatorv-timeline-fossil-fuel-combustion-wastes: 58 FR 42466.
168 "Legislative and Regulatory Timeline for Fossil Fuel Combustion Wastes," EPA, accessed October 12, 2018 at:
https://www.epa.gov/coalash/legislative-and-regulatorv-timeline-fossil-fuel-combustion-wastes: United States
Environmental Protection Agency, "Report to Congress: Wastes from the Combustion ofFossil Fuels," March 31,
1999, accessed October 12, 2018 at: https ://www.epa. gov/sites/production/files/2015-
08/documents/march 1999 report to congress volumesland2.pdf.
169 "Special Wastes," EPA, accessed October 12, 2018 at: https://www.epa.gov/hw/special-wastes: 65 FR 32213.
170 80 FR 21301; 80 FR 37988; "Disposal of Coal Combustion Residuals from Electric Utilities," EPA, accessed
March 22, 2019 at: https://www.epa.gov/coalash/coal-ash-rule.
171 In the proposal for the 2015 CCR Rule the Agency stated that the RCRA subtitle D alternative did not include
proposed financial responsibility requirements and that any such requirements would be proposed separately. The
Agency solicited comment on whether financial responsibility requirements under CERCLA § 108(b) should be a
key Agency focus under a RCRA subtitle D approach. While the Agency received numerous comments urging the
Agency to establish financial responsibility as part of the subtitle D option, the CERCLA § 108(b) option did not
receive significant support. EPA did not require financial assurance requirements as part of the 2015 CCR Rule and
committed to continue to investigate the use financial responsibility requirements under other statutory authorities.
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While the rule became effective in 2015, it established timeframes for the technical criteria based
on the amount of time needed to implement the requirement. Thus, for some requirements
implementation is complete, and for other requirements, activities are ongoing. The implemented
standards themselves have materially reduced risk by, for example, imposing structural integrity
criteria on surface impoundments holding CCR to help prevent damages that would occur if the
unit's embankment or dike failed structurally, such as the dike failure at the TVA Kingston Plant
in 2008. One of these criteria is that the surface impoundment must be assessed to demonstrate
that the unit design and operation meet minimum factors of safety, and if the unit does not, the
surface impoundment must be closed. The deadline to complete this initial assessment was 2016
or 2108, depending on designations in the rule, and represents an important rule protection that
has been implemented.172
An example of an important risk-reducing requirement of the 2015 CCR rule for which
implementation is ongoing is the requirement for groundwater monitoring and corrective action.
Owners and operators of landfills and surface impoundments holding CCR are required to install
a system of monitoring wells to detect releases of hazardous constituents from the units. If this
monitoring shows an exceedance of a groundwater protection standard for specific constituents,
corrective action must be taken to remedy the contamination. The groundwater monitoring and
corrective action program is an example of a requirement that is ongoing but has already provided
meaningful protection by identifying issues and requiring corrective action. Based on information
made publicly available by electric utilities, current groundwater monitoring results show that a
significant percentage of the electric utilities will need to implement the rule's corrective action
program and will also be required to close the CCR unit. At this point, electric utilities are at the
early stages of implementing the corrective action program.
The 2015 CCR Rule also established timelines and standards for closure and post-closure care.
Specifically, the rule requires all CCR units to close in accordance with specified standards and to
monitor and maintain the units for a period of time after closure, including the groundwater
monitoring and corrective action programs. These criteria help ensure the long-term safety of
closed CCR units.
3. State Regulations
The following section briefly summarizes noteworthy state hazardous waste disposal and
management regulations that impose requirements on fossil fuel electric power generation
facilities incremental to federal regulatory requirements. These regulations were collected from a
172 The 2015 CCR Rule requires that operating surface impoundments must be re-assessed every five years to ensure
that the unit remains structurally sound.
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review of state regulatory programs from a representative sample of states relevant to the fossil
fuel electric power generation industry.173
• Florida sets requirements for above ground and underground storage tank systems that
store regulated substances in order to minimize the occurrence and environmental risk of
releases and discharges, which include provisions for regular compliance inspections.174
Florida also maintains a permitting system for underground injection wells, which
includes well classifications and public notice requirements, as well as monitoring
requirements.175 Additionally, Florida establishes standards for the construction,
operation, and closure of solid waste management facilities, including permit fees,
requirements and criteria for landfill construction, hydrogeological and geotechnical
investigation requirements, water quality monitoring requirements, long-term care
requirements and procedures, and financial assurance requirements that stipulate the
submission of closure and corrective action cost estimates. These standards apply to
fossil fuel combustion products such as fly ash, bottom ash, flue-gas emission control
materials, and other combustion residuals, except those combustion products that are
beneficially used in applications including structural fill, asphalt or concrete products,
and waste stabilization.176
• Illinois regulates the underground injection hazardous waste through its Underground
Injection Control (UIC) Program. The program establishes a permitting system, outlines
hazardous waste management requirements, and imposes financial assurance
requirements for hazardous waste injection wells.177 Illinois also sets basic minimum
standards governing the acceptable management of hazardous waste in conjunction with
the RCRA permitting program.178 Illinois identifies and prohibits certain hazardous
wastes that are restricted from land disposal and disposal in landfills.179 Additionally,
Illinois establishes standards for newly constructed solid waste landfills, including
separate standards for solid waste landfills, recordkeeping requirements, and financial
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assurance requirements.
173 For a description of EPA's methodology to determine the representative sample of states, see Appendix I. For a
comprehensive summary of the relevant state regulations that EPA located, see Appendix III.
174 F.A.C. 62-761 and F.A.C. 62-762.
175 F.A.C. 62-528.
176 F.A.C. 62-701; 43.7047, F.S.
177 3 5 111. Adm. Code 730.
178 3 5 111. Adm. Code 724.
179 35 111. Adm. Code 724 and 35 111. Adm. Code 729.
180 35 111. Adm. Code 811.
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• Iowa has siting, design, and operating requirements for CCR landfills, which include a
permitting program, design criteria, close and post-closure requirements, and provision
for submission of post-closure plan.181 A separate Iowa regulation establishes financial
assurance for closure, post-closure, and corrective activity at CCR landfills.182
• Kentucky establishes general provisions applicable to the disposal of solid waste and the
management of all hazardous waste, including the establishment of baseline
environmental performance standards for relevant waste facilities.183 Kentucky also
establishes rules for owners and operators of underground storage tank systems, outlining
standards for registration, construction, performance, leak detection, recordkeeping,
release reporting, corrective action, closure, and financial responsibility requirements.184
Additionally, Kentucky establishes standards for the disposal of CCR generated from
burning coal for the purpose of generating electricity, including a permitting program.185
• Minnesota requires that any person who installs, repairs, or takes out of service
underground storage tanks obtain a certificate of competency from the Minnesota
Pollution Control Agency.186 Minnesota also establishes regulations for the design,
construction, operation and maintenance, release detection, and closure of underground
storage tanks.187
• Missouri also establishes state level technical standards for underground storage tanks
designed to protect groundwater quality and human health.188
• North Carolina has technical standards and corrective action requirements that apply to
owners and operators of underground storage tanks, which cover design, construction,
installation, notification, release detection, reporting, and investigation.189
• Pennsylvania establishes regulations for owners and operators of aboveground and
underground storage tanks and storage facilities that outlines a certification program for
installers and inspectors, a permitting program, technical standards, a corrective action
181 Iowa Administrative Code 567.103.1.
182 Iowa Administrative Code 567.103.3.
183 401 KAR 30.
184 401 KAR 42.
185 401 KAR 46.
186 Minnesota Administrative Rules, Chapter 7105.
187 Minnesota Administrative Rules, Chapter 7150.
188 10 CSR 26-2.010-2.083.
189 15ANAC 02N 0.100-1000.
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process, and financial responsibility requirements.190 Pennsylvania also modifies the
federal Hazardous Waste Permit Program with respect to the payment of fees;
confidentiality of information; permitting modification, termination, revocation, and
reissuance procedures; continuation of existing permits; public notice and hearings; and
procedures for standardized permits.191
• Texas establishes requirements for underground storage tanks located over certain
aquifers in the state to protect and maintain the quality of groundwater resources.192
• Wisconsin operates a state-level hazardous waste licensing program that requires
generators of hazardous waste, owners and operators of hazardous waste TSDFs, and
transporters of hazardous waste must notify state authorities about those activities.193
F. Effectiveness of Federal and State Environmental Regulations
Fossil fuel electric power generation facilities, specifically coal-fired power plants, are
historically among the largest sources of air pollution in the United States.194 One recent study
that attempted to quantify the monetary damages of air emissions for the pollutants regulated
under NAAQS at electric power generation, oil and gas extraction, coal mining, and oil refineries
found that sulfur dioxide emissions from power generation facilities had contributed the most to
social damages from pollution.195 Another study demonstrated that as of 2013, power plants
produced two thirds of the sulfur dioxide air emissions and one third of the nitrogen oxides air
emissions - two greenhouse gases and contributors to acid rain - in the United States.196
Additionally, electric power generation units have been the focus of recent EPA amendments and
implementations of CAA regulations, such as the 2011 CSAPR regulations and the NESHAPs
electric generation unit MACT standards for mercury and air toxins, or MATS, which were
effective as of April 2012.197
190 25 Pa. Code 245.
191 25 Pa. Code 270a.
192 30 Tex. Admin. Code 214.
193 Wis. Admin. Code NR 670.
194 R.J. Campbell, P. Folger, and P. Brown, "Prospects for Coal in Electric Power and Industry," U.S. and World
Coal Production: Developments and Projections (2013): 53-78.
195 P. Jaramillo and N.Z. Muller, "Air Pollution Emissions and Damages from Energy Production in the U.S.: 2002-
2011," Energy Policy 90 (2016): 202-211.
196 Jonas Monast and Sarah K. Adair, "A Triple Bottom Line for Electric Utility Regulation: Aligning State-Level
Energy, Environmental, and Consumer Protection Goals, Columbia Journal of Environmental Law 38, No. 7 (2013).
197 "Basic Information about Mercury and Air Toxics Standards," EPA, accessed September 19, 2018 at:
https://www.epa.gov/mats/basic-information-about-mercurv-and-air-toxics-standards: "Overview of the Cross-State
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As a result, much of the recent literature that EPA located on the effectiveness of regulations
relevant to fossil fuel electric power generation facilities focused on air pollution regulations.
This reflects both that air emissions are the preeminent vector through which pollutants from
electric power generation plants reach the environment and the recent regulatory focus on air
emissions from power plants. Overall, the literature finds that increasing emissions regulations
have been effective at reducing air pollutant concentrations, particularly those regulations that
end exemptions for older facilities and require those facilities to install new pollution control
technology. However, these regulations have also subjected older, especially coal fired facilities
to greater compliance costs, threatening to send the facilities offline and reduce the country's
coal-based electric generation capacity. Electricity generation with renewable and non-fossil fuel
sources has increased significantly in the last 5 years. Fossil fuel sources constituted 69 percent
of total electricity generation in 2009. In 2018, that number had dropped to 63 percent. Further,
coal was the source of 44 percent of electricity in the United States in 2009 but only 27 percent
in 2018.198 The literature emphasizes this tension between effective, comprehensive air pollution
regulation and the costs they impose on a significant portion of the electric power plants in the
U.S. Additionally, studies have found that a regulatory focus on air pollution has caused power
plants to shift toxic releases to other media, canceling out any reductions in air pollution through
increases in water or land pollution or transfers of pollution to recycling facilities.199
Many of the regulations that EPA implemented under the authority of the CAA, such as NSPS
and NSR, create technological and performance standards that apply to facilities that were
constructed after the implementation of the regulations, or that made major modifications to their
operations after the implementation date of the regulations. The regulations require applicable
facilities to install expensive pollution control technologies. As a result, facilities that were in
operation before the regulations became effective and that continued to operate in largely the
same manner from the effective date of the NSPS and NSR regulations had their emission
performance and technological standards effectively grandfathered into compliance because they
were never new or modified facilities. Thus, they avoided the hefty environmental capital costs
that the regulations imposed. This has created a gap in the air-related regulations that is
particularly applicable to fossil fuel electric power generation facilities. Many have been in
Air Pollution Rule (CSAPR)," EPA, accessed September 19, 2018 at: https://www.epa.gov/csapr/overview-cross-
state-air-pollution-rule-csapr.
198 "Electric Power Monthly, Table 1.1. Net Generation by Energy Source: Total (All Sectors), 2009-January 2019,"
U.S. Energy Information Administration, accessed March 26, 2019 at:
https://www.eia.gov/electricitv/monthlv/epm table grapher.php?t=epmt 1 01.
199 Xiang Bi, '"Cleansing the air at the expense of waterways?' Empirical evidence from the toxic releases of coal-
fired power plants in the United States," Journal of Regulatory Economics 51, No.l (2017): 18-40.
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operation for a long period of time and avoided installation of best available environmental
technologies as a matter of capital savings.
Bushnell and Wolfram further elucidate the relationship between the NSR regulations and capital
investment at fossil fuel electric power plants, theorizing that NSR reduced capital investment
and led to higher emissions as plants clung to their grandfather exemptions. While their study
finds that NSR decreased capital investment rates at relevant plants, they did not find a
corresponding increase in emissions at those plants.200 This suggests that while plants did not
upgrade their pollution control technology to best available standards, the technology did not
deteriorate in efficiency and/or facilities continued to replace the technology as needed without
foregoing their exemption.
Evans, Hobbs, Oren, and Palmer modeled the implementation of an equipment replacement
provision regulation on power plants, a proposed EPA amendment to NSR that the court system
ultimately threw out, which would have allowed facilities greater leeway in replacing plant
equipment, including environmental management and emission control technology, while
maintaining their exempt status. They find that only under aggressive implementation of the pre-
revision NSR statute in conjunction with the Clean Air Interstate Rule (the precursor to CSAPR)
regulations would emission reductions in the fossil fuel power generation industry exceed
emissions that the equipment replacement provision could achieve. Even then, the emission
reductions of the pre-revision NSR would be delayed in comparison to the equipment
replacement provision's effects.201 These studies demonstrate that the perpetuation of NSR's two
tiered facility status system and restrictions on modifications to exempt facilities may inhibit
emission reductions by incentivizing industry to keep aging and exempt plants in operation,
though they also conclude that the rollout of CSAPR will resolve many of those issues, at least in
terms of emissions levels.
Shifting focus to the similarly structured NSPS regulations, Cohan and Douglass compare the
cost and benefits of the installation of retrofit control technologies against the application of
NSPS emissions limits to all facilities. They find that installing retrofit control technologies
would have carried a capital cost of $11.3 billion in 2004 but reduced 2005 emissions of nitrous
oxides by 56 percent and sulfur dioxide by 72 percent; comprehensive NSPS limits would have
achieved slightly more emissions reductions, though that result is speculative. Finally, they note
that the implementation of CSAPR may yield the same emission reduction results as the
200 J.B. Bushnell and C.D. Wolfram, "Enforcement of Vintage Differentiated Regulations: The Case of New Source
Review," Journal of Environmental Economics and Management 64, No. 2 (2012): 137-152.
201 D. A. Evans, B.F. Hobbs, C. Oren, and K.L. Palmer, "Modeling the Effects of Changes in New Source Review on
National S02 and NOx Emissions from Electricity Generating Units," Environmental Science and Technology 42,
No. 3 (2008): 347-353.
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comprehensive imposition of NSPS but, conversely, will incentivize fossil fuel electric
generators to keep grandfathered facilities online because of the prohibitions it places on
increases to power generation capacity.202 Again, Cohan and Douglass come to a similar
conclusion about NSPS as the NSR studies in the previous paragraph: CSAPR will lower
emissions, but NSPS has artificially kept aging, poor performing facilities in operation because
of its strict exemption qualifications.
As EPA air regulations increase in stringency and scope to cover the emissions of old,
unmodified fossil fuel electric power plants, operators face mounting incentives to take their
facilities and corresponding generation capacity offline. The incentives further contribute to a
trend of older fossil fuel plants that are coming offline as the result of attrition. Campbell, Folger,
and Brown lay out an economic environment for coal fired electric power generators in which
the growing use of cheap, easy to access natural gas coupled with increasing compliance burdens
to meet air emissions standards are pushing coal fired plants offline. From 2009 to 2018, coal's
share of power generation in the United States dropped from 44 percent to 27 percent.203
Campbell, Folger, and Brown concur with Cohan and Douglass's findings that the compliance
costs for retrofit technologies to meet environmental regulations could total tens of billions of
dollars. By 2016, EIA projects that 27 gigawatts of coal-fired electric generation capacity will
come out of operation, accounting for 8.5 percent of the total coal-fired capacity in the U.S. By
indirectly closing NSR and NSPS exemption loopholes for older plants through more stringent
air emissions regulations such as CSAPR, Campbell, Folger, and Brown argue that EPA is
forcing those grandfathered plants out of operation altogether.204
In addition to CSAPR, McCarthy identifies MATS as another recent rule that EPA promulgated
under the authority of the CAA that places a financial burden on older fossil fuel electric power
plants. At the time of its promulgation, EPA estimated that the rule would be among its most
expensive to implement, quoting a cost to industry of approximately $9.6 billion. EPA further
noted, however, that while the rule will impose technology installation requirements on older
coal fired plants that were previously exempt from NSR and NSPS, standards, those facilities
make up less than half of the active coal fired plants in the U.S., and coal fired plants,
themselves, make up less than half of electric generation capacity in the country. Additionally,
the EPA estimated the annual benefits of the rule at approximately $37 billion to $90 billion;
202 D. Cohan and C. Douglass, "Potential Emissions Reductions from Grandfathered Coal Power Plants in the
United States," Energy Policy 39, No. 9 (September 2011): 4816-4822.
203 "Electric Power Monthly, Table 1.1. Net Generation by Energy Source: Total (All Sectors), 2009-January 2019,"
U.S. Energy Information Administration, accessed March 26, 2019 at:
https://www.eia.gov/electricitv/monthlv/epm table grapher.php?t=epmt 1 01.
204 R.J. Campbell, P. Folger, and P. Brown, Prospects for Coal in Electric Power and Industry, U.S. and World Coal
Production: Developments and Projections, CRS Report to Congress, March 13, 2013.
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these benefits largely derive from estimates that the rule will prevent approximately 11 thousand
premature deaths each year.205 In a separate analysis of MATS's impact on the electric power
plant industry, McCarthy and Copeland, however, summarize concerns about a suite of
regulations applicable to the coal industry that EPA was set to promulgate from 2011 to 2013.
According to McCarthy and Copeland, the regulations represented a potential regulatory "train-
wreck" that could lead to the retirement of older coal fired plants and harm the U.S.'s electric
generation capacity.206
In addition to the establishment of facility specific performance and technological standards,
EPA and state agencies have the legislative authority to regulate air emissions from fossil fuel
electric generation facilities through market-based solutions. For example, under a cap and trade
system, facilities with emissions below a set standard could sell their remaining capacity to
facilities that had exceeded the standard or bank their allowance to offset future exceedances
they may commit. In the same vein, under a tradable standards program, facilities can trade
emissions performance among themselves so that the industry remains compliant with emissions
targets. In an analysis of the financialization of air emissions, Burtraw, Linn, Palmer, and Paul
characterize the valorization of greenhouse gas emissions as creating assets that could be
distributed among power plants, electric consumers, and governments. However, they find that
the distribution of emissions-based assets has little effect on electricity prices, but also imposes a
greater societal cost than regulations that raise government revenue.207
Despite the above issues related to emissions from older, unmodified power plants, studies
suggest that the existing air pollution regulatory regime has contributed to a reduction in
emissions. For example, Jaramillo and Muller completed a study of monetary damage that
resulted from several industry emitters of NAAQS pollutants, including electric power
generation facilities, from 2002 through 2011. They find that the social damages related to these
emissions totaled $131 billion in year 2000 dollars, with sulfur dioxide emissions from power
generators the costliest form of emissions. However, they also conclude that emissions have
decreased significantly since 2002 and emphasize the benefit of spatially heterogenous federal
regulations. In other words, regulations like CSAPR that recognize that the impacts of air
pollutions vary on a geographic basis.208 Additionally, Lewandowski, Deluliis, and Lindsay's
205 J.E. McCarthy, EPA's Utility MACT: Will the Lights Go Out?, CRS Report to Congress No. R42144, January 9,
2012.
206 J.E. McCarthy and C. Copeland, EPA 's Regulation of Coal-Fired Power: Is a "Train-Wreck' Coming?, CRS
Report to Congress No. R41914, August 8, 2011.
207 D. Burtraw, J. Linn, K. Palmer, and A. Paul, "The Cost and Consequences of Clean Air Act Regulation of C02
from Power Plants," American Economic Review 104, No. 5 (2014): 557-562.
208 P. Jaramillo and N.Z. Muller, "Air Pollution Emissions and Damages from Energy Production in the U.S.: 2002-
2011," Energy Policy 90 (2016): 202-211.
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work on earlier, late 20th century environmental regulations that require coal fired power plants
to install scrubbers and selective catalytic reduction systems to reduce air emissions find that
those regulations reduced sulfur dioxide emissions at fossil fuel electric power plants from 17
million tons in 1980 to 10 million tons in 2002.209 Thus, the available literature suggests that
federal regulation of electric power plants has been effective, even as it threatens to take older
plants offline.
Case studies of state air regulations that set standards stricter than those in federal regulations
demonstrate that those incremental increases in stringency yield additional emission reductions.
Further, the success of these regulations suggests that EPA regulations that impose standards on
facilities that emit air pollution across state lines would be effective. Li and Gibson studied the
effects of North Carolina's Clean Smokestack Act of 2002 by examining air concentrations of
sulfur dioxide and particulate sulfate air in the southeastern U.S. from 2002-2012.210 North
Carolina is one of two states in southeast, along with Florida, that has more than 2 percent of the
U.S.'s coal fired electric power plants.211 The 2002 rule required production emission reductions
incremental to federal standards. Li and Gibson find that sulfur dioxide emission concentrations
in the region declined approximately 20 percent per year from 2002 to 2012 and particulate
sulfate concentrations declined approximately 9 percent annually over the same period. In
addition to the study's demonstration of the effectiveness of incremental state emissions
standards, Li and Gibson conclude that it shows the potential effectiveness of CSAPR and other
measures that account for air pollution mobility when determining emission standards.
In addition to reductions in air pollutant emissions, the existing air pollution regime has also
fostered environmental technological innovations. Galloway and Johnson's study of electric
power plant emission efficiency finds that power plants increase efficiency in response to these
geographically targeted regulations, at least in part because of the installation of more efficient
emissions technology. They examine county-level data because states impose more stringent air
quality standards in counties that have not attained NAAQS compliance. Electric power
generation companies have also diffused advancements in environmental technological
efficiency that the air emission regulatory regime has spurred. Galloway and Johnson show that
facilities that are affected by stricter regulations and respond with technological innovation
209 D. Lewandowski, N. Deluliis, and K. Lindsay, "Regulations Spur Demand for Eastern Coal," Power 148, No. 8
(2004): 34-36.
210 Y.R. Li and J.M. Gibson, "Health and Air Quality Benefits of Policies to Reduce Coal-Fired Power Plant
Emissions: A Case Study in North Carolina," Environmental Science and Technology 48, No. 17 (2014): 10019-
10027.
211 Regulatory Impact Analysis: EPA's 2018 RCRA Proposed Rule Disposal of Coal Combustion Residuals from
Electric Utilities; Amendments to the National Minimum Criteria (Phase One), U.S. EPA, Office of Resource
Conservation and Recovery, March 2018.
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transfer those enhancements to other power plants owned by the same entity, but which are not
in the same county as the facilities subject to the stricter regulations.212
While environmental regulations applicable to fossil fuel power plants have focused on air
emissions, Bi argues that power plants respond to air regulations by shifting pollution to other
environmental media, such as waterways or land. Bi evaluated TRI reporting data from 228 coal-
fired power plants to examine this shift in release pathways. Bi finds that stricter air pollution
regulations, such as the designation of certain counties as having nonattainment status with
respect to NAAQS, incentivizes power plants to install air pollution control technologies such as
scrubbers. While these technologies remove pollutants from the air, they capture the pollutants in
solid form in a toxic sludge. This toxic sludge is categorized as CCR and power plants dispose of
the sludge in landfills, through discharges to waterways, or by transferring the sludge to offsite
recycling facilities. Bi finds that the imposition of more stringent CAA regulations through
NAAQS nonattainment designations increased power plant toxic releases to waterways and land.
Bi's study suggests that future analyses of the effectiveness of environmental regulations should
take a holistic approach to capture spillover effects. Further, media-specific regulations
implemented without corresponding regulations on emissions or releases through other pollution
pathways risk transferring contaminants, rather than eliminating their release.213
212 E. Galloway and E.P. Johnson, "Teaching an Old Dog New Tricks: Firm Learning from Environmental
Regulation," Energy Economics 59 (2016): 1-10.
213 Xiang Bi, '"Cleansing the air at the expense of waterways?' Empirical evidence from the toxic releases of coal-
fired power plants in the United States," Journal of Regulatory Economics 51, No.l (2017): 18-40.
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SECTION II. INDUSTRY VOLUNTARY PROGRAMS
EPA reviewed facility RMPs, industry materials, governmental literature, and academic
literature to locate voluntary programs that: 1) attempt to address CERCLA hazardous substance
management, disposal, and release prevention, mitigation, and response; 2) that are relevant to
fossil fuel electric power facilities; and 3) in which fossil fuel electric power facilities participate.
The following subsection summarizes the results of that review. Next, EPA reports the results of
its review of governmental and academic literature on the effectiveness of voluntary programs in
the fossil fuel electric power industry at preventing releases hazardous substances and mitigating
the harm that may result from releases.
A. Programs Summary
Environmental industry voluntary programs are inextricably linked to regulating agencies. The
EPA founded the first major industry voluntary program in 1991: the 33/50 Program (also
referred to as the Industrial Toxics Project). EPA established the 33/50 Program to reduce
releases of 17 chemicals, some of which had been identified as ozone depleting chemicals under
the Montreal Protocol. The program solicited industry participants with the goal of reducing
releases of the target chemicals from the baseline level set in 1988 by 33 percent by 1992, and by
50 percent by 1995. EPA used the program, in part, to evaluate whether voluntary partnerships
with industry could supplement EPA's regulatory regime to achieve pollution reductions. The
program's success - releases of the 17 chemicals were reduced by 50 percent from 1988 levels
by 1994 - augured EPA's increasing focus on industry voluntary partnerships as agency policy
alongside regulatory implementation.214 Upon the 33/50 Program's inception in 1991, voluntary
programs were a relatively new concept to industry. When the 33/50 Program ended in 1996,
over 1,300 companies described the program as a success and lobbied for the replacement of
regulatory oversight with a framework of voluntary programs to achieve environmental goals.215
Due in part to these successes, many industry voluntary programs are sponsored or promoted by
federal or state agencies to supplement regulations. EPA also located programs sponsored by
non-profit organizations, trade associations, and local communities. Some of the programs set
discharge, emissions, and safety standards that facilities may follow that supplement federal and
state standards and may come with a certification from the government agency or industry group
that promulgates the standards. Other programs solicit reporting on emissions or other data to
publish industry performance reports. Programs also establish forums for coordination among
facilities and/or entities, and between facilities and/or entities and government agencies to share
214 U.S. Environmental Protection Agency, Office of Pollution Prevention and Toxics, 33/50 Program: The Final
Record, March 1999.
215 M. Zatz and S. Harbour, "The United States Environmental Protection Agency's 33/50 Program: The Anatomy
of a Successful Voluntary Pollution Reduction Program," Journal of Cleaner Production 7, No. 1 (1999): 17-26.
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best practices for environmental or safety guidelines and procedures, or coordination to facilitate
emergency response.
At the federal level, OSHA, EPA, and the Energy Information Administration (EIA) all sponsor
or collect information about industry voluntary programs. The OSHA programs directly related
to coal-fired utility plants are largely focused on worker safety, emissions reporting and
management, and waste discharges. In 1982, OSHA announced the Voluntary Protection
Programs (VPP) to promote workplace safety and health by establishing cooperative
relationships at facilities that implement a comprehensive safety and health management system.
The program is intended to proactively prevent fatalities, injuries, and illnesses through a system
focused on: hazard prevention and control; worksite analysis; training; and management
commitment and worker involvement. Acceptance into the program requires union support and a
rigorous onsite evaluation by a team of safety and health professionals; however, VPP
participants are exempt from OSHA programmed inspections while they maintain their VPP
status.216
The more recent OSHA Challenge Program has a similar goal of helping facilities develop
and/or improve their safety and health management programs, beginning in 2004. Unlike the
VPP, the Challenge Program does not allow for facilities to be exempted from OSHA
programmed inspections. This program has three stages to help facilities access the performance
of existing safety programs and policies, implement and improve their safety management
program, and continuously monitor and reassess their safety policies.217
The EPA has several voluntary programs or efforts to help mitigate and manage emissions of
byproducts or waste products of coal-fired utility plants. In 2001, EPA established the Combined
Heat and Power (CHP) Partnership as a voluntary program that promotes efficient CHP
technologies across the United States to increase the efficiency of the nation's energy supply,
reduce total fossil fuel use, and reduce emissions of greenhouse gases and air pollutants. The
Partnership works closely with energy users, the CHP industry, state and local governments, and
other clean energy stakeholders to facilitate the development of new projects and to promote
their environmental and economic benefits. The CHP Partnership provides tools, policy
information, and other resources to: energy users, the CHP industry, clean air officials, and other
clean energy stakeholders.218 EPA created another partnership in 2012 called the Center for
Corporate Climate Leadership to establish norms of climate leadership by encouraging
organizations with emerging climate objectives to identify and achieve cost-effective greenhouse
216 "All About VPP," OSHA, accessed October 16, 2016 at: https://www.osha.gov/dcsp/vpp/all about vpp.html.
217 "OSHA Challenge," OSHA, accessed October 16, 2018 at: https://www.osha.gov/dcsp/vpp/challenge.html.
218 "About the CHP Partnership," EPA, accessed October 16, 2018 at: https://www.epa.gov/chp/about-chp-
partnership.
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gas emission reductions, while helping more advanced organizations drive innovations in
reducing their greenhouse gas impacts in their supply chains and beyond.219
Also, in 2001, EPA formed the Coal Combustion Products Partnership (C2P2) with the American
Coal Ash Association, the Utility Solid Waste Activities Group, the Department of Energy, and
the Federal Highway Administration. C2P2's goal was to encourage recycling of coal combustion
products (CCPs) through the promotion of their beneficial use. EPA emphasized the
environmental, economic, and performance benefits of recycling CCPs (inclusive of CCRs) for
construction and grading uses, instead of disposing and maintaining CCP disposals. C2P2, sought
to increase the recycling of CCPs by 50 percent from 2001 to 2011, with a specific focus on the
increase of CCPs in supplementary cementitious material in concrete by 50 percent over the
same period.220
In 2015, the EPA established a Voluntary Incentives Program (VIP) for flue gas desulfurization
(FGD) Wastewater Treatment as part of the agency's effluent limitation guidelines for the steam
electric power generation industry. This program extends the period for plants that voluntarily
choose to install additional process changes and controls to achieve and comply to the best
available demonstrated control technology (BADCT) effluent limitations for mercury, arsenic,
selenium, and total dissolved solids (TDS), based on evaporation technology.221
The Energy Information Agency (EIA) also collects information about voluntary programs
relevant to fossil fuel electric power generation facilities through the Voluntary Reporting of
Greenhouse Gases Program. The Energy Policy Act of 1992 required EIA to collect the results of
voluntary measures to reduce, avoid, or sequester greenhouse gas emissions from power
generation facilities. Facilities may submit reports to EIA about achievements related to historic
and greenhouse gas emissions, emissions reductions, and carbon sequestration, and EIA, in turn,
aggregates the submissions into annual reports. In 2002, the EIA's Global Climate Change
Initiative updated the Voluntary Reporting of Greenhouse Gases Program to focus on the
accuracy, reliability, and verifiability of the voluntary reports. Finally, the General Guidelines
and Technical Guidelines revised the Voluntary Reporting of Greenhouse Gases Program to
emphasize entity-wide emission assessments, to include small emitters, and to prescribe standard
219 "About the center for Corporate Climate Leadership, EPA, accessed October 16, 2018 at:
https://www.epa.gov/climateleadership/about-center-corporate-climate-leadership.
220 "Coal Combustion Products Partnership (C2P2)," EPA, accessed November 19, 2018 through the National Center
for Environmental Publications.
221 Eric Grol, National Energy Technology Laboratory, U.S. Department of Energy, "An Update of Effluent
Limitation Guideline Treatment Options for Coal-Fired Power Plants," 2018 Review Meeting for Crosscutting
Technologies, April 11, 2018, accessed October 16, 2016 at:
https://www.netl.doe.gov/File%20Librarv/Events/2018/crosscutting/wed/2018Q411 1100B Presentation Grol NET
L.pdf.
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methodologies for estimating entity-level emission reductions and specific emission reduction
activities.222
State government voluntary programs often follow on directly from federal programs or from
federal regulatory frameworks. For example, in 2005 the Ohio EPA identified 100 of the
facilities that reported the greatest number of TRI emissions and asked those facilities to reduce
their TRI emissions to waste, water, and air over a five-year period through the Tox-Minus
Initiative. Ohio EPA did not set guidelines the facilities were required to follow or standards the
facilities were required to meet; rather, the program asked facilities to identify, evaluate, and
implement feasible and effective pollution reduction or prevention strategies to achieve lower
TRI emissions. Further, facilities set their own reduction goals, with 2007 as the start of the
program and the baseline year against which the facilities would measure their results.
Participating facilities would then submit a pollution reduction plan to Ohio EPA and provide
annual reports on their progress. Although Ohio EPA targeted the top 100 TRI reporters, the
program was open to any facilities that wished to participate.223
The Red Wing (Minnesota) Community Awareness and Emergency Response (CAER) program
provides an example of a program through which local industries, local governments, and
emergency response organizations coordinate emergency response protocols to protect public
safety and the environment. The organization holds meetings to prepare and train for responses
to potential emergency releases in the area. The meetings include classroom training sessions,
scenarios, speakers, and tabletop exercise. Red Wing CAER emphasizes the protection of the
Mississippi River system among its goals.224 The Red Wing CAER program is one example of
local programs that coordinate among industry and relevant governmental and emergency
response organizations to promote emergency response preparedness; Red Wing CAER
promotes the formation other CAER groups in the region as part of its mission.225
National and international nonprofit organizations and industry associations also provide
environmental management and safety standards and procedures that facilities may follow, in
addition to regulatory requirements, and certify facilities that meet these specifications. One such
organization is the Global Environmental Management Initiative (GEMI), which was founded in
1990 by a coalition of 21 companies. GEMI seeks to develop strategies and standards to improve
222 "Voluntary Reporting of Greenhouse Gases," EIA, accessed October 16, 2018 at:
https://www.eia. gov/environment/pdjpages/0608sC2009')index.php.
223 "Ohio EPA Tox-Minus Initiative Implementation Strategy," Ohio EPA, September 17, 2007, accessed November
19, 2018 at: http://web.epa.ohio.gov/ocapp/tox-minus/Tox-Minus%20Implementation%20Strategv%20Final%209-
17-07.pdf.
224 "About Red Wing CAER," Red Wing CAER, accessed October 16, 2018 at:
http://redwingcaer.org/about red wing caer.aspx.
225 "About Red Wing CAER," Red Wing CAER, accessed October 16, 2018 at:
http://redwingcaer.org/about red wing caer.aspx.
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corporate environmental performance through industry cooperation. As part of this effort and
following the success of EPA's 1991-1996 33/50 Program, GEMI created Total Quality
Environmental Management (TQEM). TQEM is a method that addresses corporate
environmental performance with a comprehensive management approach. TQEM has four basic
elements: 1) identification of the customer base that seeks improved environmental performance
and the further identification of what environmental improvements they value; 2) the
involvement of all employees in systematic efforts to continuously improve environmental
performance; 3) the proactive elimination of environmental risks, rather than responding to
environmental risks as they arise; 4) the integration of environmental management systems so
that they support one another.226
The International Organization for Standardization (ISO) is an independent, non-governmental
international organization. ISO promulgates the 14000 family of standards to provide tools for all
companies and organizations to manage their environmental responsibilities. Within the 14000
family of standards, the 14001 focuses on the development and implementation of environmental
management systems to prevent release events. ISO 140001 is the most widely adopted
environmental voluntary program in the world. Supporting standards provide guidelines for
specific environmental management approaches, such as audits, communication protocols,
labeling, and life cycle analyses.227
The International Electrotechnical Commission (IEC) is another example of an international
standards organization that publishes standards that are used across the electric power
generation, transmission, and distribution industry. IEC collaborates with ISO in their standard
development. IEC's publications include standards, technical specifications, reports, and guides
that apply to manufacturing facilities in the process industries, such as refineries, petrochemical,
chemical, pharmaceutical, and pulp and paper, as well as power generation facilities. The
standards apply to all electrical, electronic, and related technologies, and devices that contain
electronics, and use or produce electricity. Consequently, IEC has an extremely broad reach in
the electric power generation, transmission and distribution industry, even preparing
international standards that cover specifications, design and test requirements for the power
transmission and distribution industries, as key links in the energy chain.228 The commission
provides a platform for coordination between companies, industry associations, and government
226 "Total Quality Environmental Management (TQEM)," International Institute for Sustainable Development,
accessed November 17, 2018 at: https://www.iisd.org/business/tools/svstems taemaspx.
227 "ISO 14000 family - Environmental management," International Organization for Standardization, accessed
October 16, 2018 at: https://www.iso.org/iso-14001-environmental-management.html: M. Potoski and A. Prakash,
"Covenants with Weak Swords: ISO 14001 and Facilities' Environmental Performance," Journal of Policy Analysis
and Management: The Journal of the Association for Public Policy Analysis and Management 24, No.4(2005): 745-
769.
228 International Electrotechnical Commission Website on Electrical Energy Contributions, accessed on April 4,
2019 at: https://www.iec.ch/energy/transmission_distribution.htm
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agencies relevant to a given industry to discuss and develop international standards for that
industry. IEC's 61511 technical standard sets practices for systems engineering that ensure the
safety of an industrial process through proper instrumentation.229
The American National Standards Institute (ANSI) does not develop national standards but does,
however, provide a forum for the coordination of interested parties that can develop and
promulgate standards, norms, and guidelines for their respective industries. Stakeholders may
include individuals, companies, government agencies, labor organizations, industrial
associations, and consumer groups. ANSI also hosts a process through which stakeholders can
appeal standards. The standards that stakeholders develop at ANSI seek to assure the safety and
health of consumers and the protection of the environment.230
B. Effectiveness of Industry Voluntary Programs
Because of the 33/50 Program's importance to the growth of industry voluntary programs as an
environmental and pollution prevention strategy, much of the literature on industry voluntary
program effectiveness evaluates the success of the 33/50 Program. Overall, the 33/50 Program
led to a reduction in releases and an increase in the adoption of pollution prevention practices by
participants, though evidence also exists that success was not comprehensive and that the
program deterred environmental technological innovation. Studies have also looked at the many
pollution prevention (or P2) programs that federal and state government agencies sponsored after
the success of the 33/50 Program. These programs vary in participation incentives, from
completely voluntary to implementation in conjunction with enforcement regulations and have
generally achieved pollution and emission reductions. Studies have also highlighted how these
successors to the 33/50 Program have fostered environmental technological innovation, as well
as the diffusion of environmental management technologies. Finally, investigations of programs
under the aegis of non-profit organizations and trade associations find that, though these
programs often lack the robust monitoring and sanction mechanisms of government sponsored
programs, participating facilities experience reductions in pollution emissions and releases. As a
secondary finding, the literature emphasizes that facilities view their adoption of environmental
management practices through voluntary programs and efforts to improve environmental
performance as strategic investment decisions. In other words, corporate decisions to participate
and corporate level of effort once in a program depend on financial matters more than
compliance or optics.
At the time of the 33/50 Program's completion in 1996, both EPA and industry concluded that it
had been a success. Analyses of the 33/50 Program largely bear out that conclusion. For
229 "Welcome to the IEC," International Electrotechnical Commission, accessed October 16, 2018 at:
https://www.iec.ch/about/.
230 "About ANSI," American National Standards Institute, accessed October 16, 2018 at:
https://www.ansi.org/about ansi/overview/overview.
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example, 2017 study by Bi and Khanna finds that 33/50 Program participants adopted pollution
control practices at a 38 percent higher rate than non-participants. Further, those facilities that
did install pollution control practices reduced their releases of the 17 chemicals that 33/50
targeted 52 percent more than non-participants who did not install control practices. In other
words, Bi and Khanna conclude that program yielded both reductions in pollution and a higher
rate of prevention practices.231 An earlier, 1999 study by Khanna and Damon reinforces these
findings, demonstrating a statistically significant decline in toxic releases among participants in
the first three years of the program, from 1991-1993.232 Further, Hoang, McGuire, and Prakash
show that the reductions of the targeted chemicals that participants achieved while the program
was active from 1991-1995 persisted after the cessation of the program.233 In a separate piece, Bi
and Khanna argue that looking at the results of the 33/50 Program at the facility level elucidates
the program's success even more than previous studies at the firm-wide level; facilities that
participated demonstrated a significantly high rate of reduction in releases than nonparticipating
facilities, but firm-wide analysis dilutes this result.234
The 33/50 Program was not just important in terms of the results it achieved, but also because of
its implications for enforcement theory. In the same study discussed above, Khanna and Damon
theorize that firms participated in the 33/50 Program to avoid costs related to liabilities and
reactive regulatory compliance, but also for benefits related to public recognition of
environmental citizenship. Although participation in the program lowered participants' short-
term return on investment, it ultimately had a statistically significant positive impact on
participating firms' long-term profitability.235 In other words, participation in the 33/50 Program
gave a firm a sort of proto-certification of environmental citizenship that benefited its bottom
line. Additionally, Innes and Sam's study of the 33/50 Program finds that participants in the
program were motivated by the prospect of relaxed regulatory scrutiny, which led to greater
participation in the program and, in turn, reduced pollution. Innes and Sam also show that
companies in regions with higher political support for environmentalist policies were more likely
to participate in the programs than those in other regions, which reinforces Khanna and Damon's
findings with respect to the perception of environmental citizenship as a benefit of
231 X. Bi and M. Khanna, "Inducing Pollution Prevention Adoption: Effectiveness of the 33/50 Voluntary
Environmental Program," Journal ofEnvironmental Planning and Management 60, No. 12 (2017): 2234-2254.
232 M. Khanna and L.A. Damon, "EPA's Voluntary 33/50 Program: Impact on Toxic Releases and Economic
Performance of Firms," Journal of Environmental Economics and Management 37, No. 1 (1999): 1-25.
233 P.C. Hoang, W. McGuire, and A. Prakash, "Reducing Toxic Chemical Pollution in Response to Multiple
Information Signals: the 33/50 Program and Toxicity Disclosures," Ecological Economics 146 (2018): 193-202.
234 X. Bi and M. Khanna, "Reassessment of the Impact of the EPA's Voluntary 33/50 Program on Toxic Releases,"
Land Economics 88, No. 2 (2012): 341-361.
235 M. Khanna and L.A. Damon, "EPA's Voluntary 33/50 Program: Impact on Toxic Releases and Economic
Performance of Firms," Journal ofEnvironmental Economics and Management 37, No. 1 (1999): 1-25.
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participation.236 Taken together, the 33/50 Program offered a successful framework for
environmental policy that emphasized the voluntary and proactive adoption of environmental
practices by industry in exchange for lower regulatory burdens and benefits with respect to
public perception.
In addition to its success in achieving a reduction in releases of the targeted chemicals, the 33/50
Program also encouraged industry to foster its own voluntary programs, standards, and
environmental management systems. As discussed in the previous section, one of the significant
industry sponsored voluntary programs that emerged after the 33/50 Program was TQEM, which
GEMI created in 1996. Sam, Khanna, and Innes completed a 2009 study that confirms the
connection between participation in the 33/50 Program and the inception of and involvement in
TQEM. TQEM is an environmental management system that takes a proactive, continuous,
systematic approach to pollution prevention through a firm-wide commitment to the effort. Sam,
Khanna, and Innes further find that companies that participated in TQEM experienced
significantly lower releases of the 17 chemicals that the 33/50 Program targeted. As a result, they
conclude that the 33/50 Program yielded direct pollution reduction benefits after the conclusion
of the program in 1996.237
Some studies, however, claim that the 33/50 Program's success was more muted than it
appeared, and that the program may have had adverse effects. Most obviously, because EPA's
program only targeted 17 chemicals, industry had no incentive to reduce emissions of other
pollutants through the 33/50 Program. And, in fact, Hoang, McGuire, and Prakash confirm that
while participants reduced their emissions of the targeted chemicals, they did not reduce their
overall emission loads - even taking into consideration the lower targeted chemical emissions -
or their emissions of non-target chemicals.238 Gamper-Rabindian argues that 33/50 participants
did not even reduce target chemical emissions in several industries, and that reductions in other
industries were the result of transfers to recyclers, rather than an absolute reduction in chemical
emissions.239 On a different track, Carrion-Flores, Innes, and Sam demonstrate an association
between higher levels of 33/50 participation and lower levels of environmental patent
applications, suggesting that the 33/50 Program may have hindered industry environmental
236 R. Innes and A.G. Sam, "Voluntary Pollution Reductions and the Enforcement of Environmental Law: An
Empirical Study of the 33/50 Program," The Journal of Law and Economics 51, No. 2 (2008): 271-296.
237 A.G. Sam, M. Khanna, and R. Innes, "How do Voluntary Production Programs (VPRs) Work? An Empirical
Study of Links between VPRs, Environmental Management, and Environmental Performance," Land Economics 85,
No. 4 (2009): 692-711.
238 P.C. Hoang, W. McGuire, and A. Prakash, "Reducing Toxic Chemical Pollution in Response to Multiple
Information Signals: the 33/50 Program and Toxicity Disclosures," Ecological Economics 146 (2018): 193-202.
239 S. Gamper-Rabindran, "Did the EPA's Voluntary Industrial Toxics Program Reduce Emissions? A GIS Analysis
of Distributional Impacts and By-Media Analysis of Substitution," Journal of Environmental Economics and
Management 52, No. 1 (2006): 391-410.
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innovation.240 Finally, though Vidovic and Khanna acknowledge that companies did reduce their
emissions while the program was active, they find that the reduction in pollutants while the 33/50
Program was active was the result of independent trends, and not the direct result of program
participation. In other words, companies were already in the process of lowering their emissions,
regardless of the existence of the 33/50 Program.241
A 2003 study of environmental voluntary program policy by the Organisation for Economic Co-
operation and Development (OECD) concurs with Vidovic and Khanna's findings. Citing a
1999 study by Khanna and Damon and a 2001 study by Khanna, OECD explains that while total
releases by firms that participated in the 33/50 Program fell by 54 percent from 1991 to 1993,
after correcting for sample selection bias and considering other factors that led to release, the
OECD only attributes 28 percent of the release reduction to the program.242 The OECD's
analysis of the 33/50 Program feeds into a broader skepticism about voluntary program's
contribution to environmental effects above and beyond results that firms otherwise would have
achieved without the program in place. OECD refers to this improvement in firms'
environmental performance in the regular course of business without taking on any additional,
specific burdens to meet program goals as "Business-as-Usual" or regulatory capture effects.
While OECD highlights the possibility for firms to coast or "free-ride" to program compliance
and affirmed that "command and control" regulations produce the best environmental results, the
report also emphasizes that voluntary programs may be more economically efficient than
command and control approaches because the flexibility they allow firms to meet program goals
equalizes marginal abatement costs.243
The regime of federal and state industry voluntary programs that emerged in the wake of the
33/50 Program has largely succeeded in pollution reduction and prevention. Bui and Kapon
completed a broad investigation of federal and state pollution prevention programs and studied
the release trends of facilities that participated in the programs. They find that participation in
pollution prevention programs reduced annual releases by 11-15 percent.244 Harrington, Deltas,
240 C.E. Carrion-Flores, R. Innes, and A.G. Sam, "Do Voluntary Pollution Reduction Programs (VPRs) Spur or
Deter Environmental Innovation? Evidence from 33/50," Journal of Environmental Economics and Management 66,
No. 3 (2013): 444-459.
241 M. Vidovic and N. Khanna, "Can Voluntary Pollution Protection Programs Fulfill Their Promises? Further
Evidence from the EPA's 33/50 Program," Journal of Environmental Economics and Management 53, No. 2 (2007):
180-195.
242 Organisation for Economic Co-Operation and Development, Voluntary Approaches for Environmental Policy:
Effectiveness, Efficiency and Usage in Policy Mixes (Paris: OECD Publications Service, 2003), p. 11 and 44.
243 Organisation for Economic Co-Operation and Development, Voluntary Approaches for Environmental Policy:
Effectiveness, Efficiency and Usage in Policy Mixes (Paris: OECD Publications Service, 2003), p. 11-13.
244 L.T. Bui and S. Kapon, "The Impact of Voluntary Programs on Polluting Behavior: Evidence from Pollution
Prevention Programs and Toxic Releases," Journal of Environmental Economics and Management 64, No. 1 (2012):
p. 31-44.
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and Khanna also find that pollution prevention voluntary program participation also results in a
reduction in releases, though they further note that sustaining these results requires continuations
of programs; the positive environmental effects of the initiatives dissipate four to five years after
the end of the program.245 Guerrero and Innes looked at state programs that focused on self-
monitoring and self-reporting and show that these programs that protected the information of the
participating facilities led to reductions in both pollution and government enforcement
activity.246
Specifically, with respect to Ohio EPA's Tox-Minus Initiative, Griffiths, Wheeler, and
Wolverton investigated whether participants in the program experienced emissions reduction.
Their study focused on air emissions, although the Tox-Minus Initiative attempted to reduce
emissions to all of air, water, and waste. Griffiths, Wheeler, and Wolverton find that the 53
participants, which included 44 of the top 100 TRI-emitters formally invited to the program and
nine additional facilities, significantly reduced Clean Air Act emissions compared to non-
participants in the period after the initiative's implementation. Griffiths, Wheeler, and Wolverton
compare the participants to a group of non-participating facilities chosen using propensity score
matching based on pre-participation attributes.247
In addition to their effectiveness at achieving pollution reduction, studies have also found that
post-33/50 Program federal and state voluntary programs have fostered environmental
technological innovation within industry. Whereas Carrion-Flores, Innes, and Sam's study
demonstrates a negative association between 33/50 participation and environmental patent
applications, Chang and Sam's 2015 investigation of the effect of voluntary pollution prevention
programs on environmental technology patents from a sample of 352 manufacturing firms
indicates that involvement in pollution prevention activities yielded a statistically and
economically significant increase in patent applications. They conclude that voluntary programs
have spurred environmental technology innovation within participating industries.248 Bui and
Kapon's 2012 study, which we discussed above because of its demonstration of the effectiveness
of pollution prevention programs, further concludes that reductions resulting from voluntary
programs include the "spillover" of information through industry networks. Bui and Kapon argue
245 D.R. Harrington, G. Deltas, and M. Khanna, "Does Pollution Prevention Reduce Toxic Releases? A Dynamic
Panel Data Model," Land Economics 90, No. 2 (2014): 199-221.
246 S. Guerrero and R. Innes, "Self-Policing Statutes: Do They Reduce Pollution and Save Regulatory Costs?," The
Journal of Law, Economics, and Organization 29, No. 3 (2011): 608-637.
247 C. Griffiths, W. Wheeler, and A. Wolverton, "Evaluating the Effectiveness of Voluntary Programs: Did Ohio's
Tox-Minus Initiative Affect Participants' TRI Emissions?," National Center for Environmental Economics, Working
Paper No. 16-05,2016.
248 C.E. Carrion-Flores, R. Innes, and A.G. Sam, "Do Voluntary Pollution Reduction Programs (VPRs) Spur or
Deter Environmental Innovation? Evidence from 33/50," Journal of Environmental Economics and Management 66,
No. 3 (2013): 444-459; H.C. Chang and A.G. Sam, "Corporate Environmentalism and Environmental Innovation,"
Journal of Environmental Management 153 (2015): 84-92.
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that evaluations of voluntary programs should consider the transfer of information, research
support, and other intellectual capital from partners to non-partners. This "spillover" effect
improved technology beyond the bounds of the programs themselves and yielded corresponding
emission reductions249
Whereas Bui and Kapon focus on the research, technological, and intellectual spillover from
voluntary programs, Lange's study of the Coal Combustion Products Partnership draws out the
benefits of economic spillover from that voluntary program. The Coal Combustion Products
Partnership was a program that began in 2001 and aimed to increase the re-use of coal
combustion products to 50 percent by 2011. Other studies have found to be a program that did
not achieve its goals because participants in the program ultimately reused coal combustion
products at the same rate as non-participants, concluding that program participation had no effect
on re-use behavior. Lange reframes the goals of the program to account for its spillover effects to
non-participants, evaluating whether participants and non-participants increased their re-use rates
from before the program's inception. To conduct this evaluation, Lange looks at re-use rate data
from both participants and non-participants in the program from the period before the partnership
started and during the program. In considering the re-use rate of both participants and non-
participants in his evaluation, Lange finds that the Coal Combustion Products Partnership was
successful insofar as it increased overall re-use rates of coal combustion products, regardless of
program participation. Lange's approach accounts for the fact that incentivizing the re-use of
coal combustion products creates a market for those products. Uses for coal combustion products
include concrete or cement, dry wall, pavement, and fill. The program created demand for coal
combustion products among producers of those materials, because participants were actively
marketing coal combustion products where before, they had simply disposed of the products.
Lange argues that the program's development of a demand market for coal combustion products
created a financial incentive coal combustion producers, regardless of participation in the
program, because a capacity to market the coal combustion products existed where it had not
before. Thus, Lange finds that the Coal Combustion Products Partnership generated economic
benefits for participants that influenced non-participant behaviors.250
In explaining the economic spillovers that resulted from the Coal Combustion Products
Partnership, Lange discusses a secondary conclusion about voluntary program participation.
Lange points to other literature on voluntary programs that "finds that larger firms are more
likely to join." In the Coal Combustion Products Partnership, this meant large utilities joined the
249 L.T. Bui and S. Kapon, "The Impact of Voluntary Programs on Polluting Behavior: Evidence from Pollution
Prevention Programs and Toxic Releases," Journal of Environmental Economics and Management 64, No. 1 (2012):
31-44.
250 1. Lange, "Evaluating Voluntary Measures with Treatment Spillovers: The Case of Coal Combustion Productions
Partnership," National Center for Environmental Economics Working Paper #08-12, December 2008.
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program and created correspondent demand for coal combustion products. That demand then had
the capacity to incorporate smaller generators who did not join the program.251
Evaluations of voluntary programs specifically designed to increase investments in emissions-
reduction technology report mixed results. For example, Ferrara and Lange find only weak
evidence for the success of EPA's CHP program, which aims to promote CHP technologies at
electric power generating plants. While all of Ferrara and Lange's models estimate that the CHP
program increases CHP installation and utilization in the electricity industry, the relationship is
not always statistically significant.252
Government sponsored voluntary industry programs, at both the federal and the state level, seek
to position their expectations of participants and the incentives they offer participants in such a
way as to induce the greatest reductions in both pollution emissions and enforcement actions.
Programs may include reporting and operational requirements, and can incentivize compliance
with these requirements with certifications, laxer oversight, information protection, or the threat
of punitive measures for noncompliance. Several studies look at how the various permutations of
these expectations and incentives affects the success of government sponsored programs.
In the broadest sense, the 33/50 Program was a breakthrough because it demonstrated the
effectiveness of incentives in achieving targeted pollution reduction, in contrast to the imposition
of standards and regulatory oversight. In a retrospective of the program, Harbour and Zatz
highlight the enthusiasm with which industry responded to the 33/50 Program. At its inception
voluntary programs were relatively unheard of as either a government strategy or an industry
practice, but after the completion of the 33/50 Program in 1996, over 1,300 companies described
the program as a success and expressed a desire for industry voluntary programs to constitute a
larger part of agency practice. While industry did not call for industry voluntary programs to
supplement government standards, but to replace them - voluntary programs both carry lower
compliance costs for industry and are less punitive if companies fail to comply - Harbour and
Zatz emphasize that the 33/50 Program showed how an incentive-based, voluntary approach
could be effective in achieving policy goals.253
Studies often compare the performance of government sponsored voluntary programs against
government imposed "command and control" regulations, i.e., emissions standards, reporting
and response requirements, and technological requirements. A 2017 study by Emory Health
Services evaluated the effectiveness of state government voluntary programs and policies that
address power plant emissions. Emory focuses on the state level because of the 2017 decision to
repeal the federal Clean Power Plan. This decision will leave power plant emission regulation
251 "ibid".
252 A. Ferrara and I. Lange, "Voluntary Programs to Encourage Diffusion: The Case of the Combined Heat-and-
Power Partnership," University of Stirling, Economics Discussion Paper, Jul. 2011.
253 M. Zatz and S. Harbour, "The United States Environmental Protection Agency's 33/50 Program: The Anatomy
of a Successful Voluntary Pollution Reduction Program," Journal of Cleaner Production 7, No. 1 (1999): 17-26.
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largely in the hands of the states; the electric power sector is the source of approximately 30
percent of U.S. greenhouse gas emissions. The study concludes that the imposition of mandatory
registration and reporting requirements for power plants was the most effective policy in terms of
greenhouse gas emission reductions. Emory finds that the creation of public benefit funds to
promote energy efficiency and renewable energy programs were the second most effective
policies. States that adopted both of those policies saw the greatest reductions in power plant
greenhouse gas emissions. By contrast, states that only adopted voluntary greenhouse gas
emissions reporting programs, and did not adopt any command and control regulations, such as
Georgia, saw an increase in emissions.254
Other analyses of voluntary program structures have focused on regulatory oversight of the
programs, self-reporting, and the balance between voluntary programs and "command and
control" regulations. Short and Toffel tested commitments that industrial facilities subject to
CAA requirements had made to voluntary programs against their compliance performance. They
find that participants are more likely to abide by the conditions of voluntary programs in the
presence of other strong regulatory oversight mechanisms. Further, entities with poor compliance
records are less likely to achieve reductions through pollution prevention programs, a finding
that provides insight about the industries and entities that may not be appropriate targets for
voluntary programs.255 Sam conducted a study of the effect of pollution prevention program
practices on enforcement actions for manufacturing facilities. The study reveals that the most
successful voluntary programs impose changes in facilities' operating procedures, such as the
implementation of self-inspections or monitoring or increased maintenance, while programs that
promote changes in equipment or materials do not yield the same reductions in enforcement
actions.256 Bui and Kapon looked at the behavior of facilities that participated in federal and state
pollution prevention programs, specifically programs that offer technical assistance for
environmental management and include reporting requirements. They find that facilities
effectively use program technical assistance to reduce and prevent toxic releases. However,
facilities apply the proffered technology only to the prevention of pollutants not covered by state
or federal regulatory standards. Thus, technical assistance voluntary programs do not offer
incremental emission reduction below existing regulatory standards. In the same vein, programs
with release reporting requirements motivate facilities to reduce toxic releases of pollutants, but
only those that are easy to monitor. It is easier for facilities to avoid reporting releases of
254 Emory Health Services, "Mandatory state policies work best to curb power plant emissions, study finds,"
ScienceDaily, November 6, 2017, accessed May I, 2019 at:
https://www.sciencedailv.com/releases/2017/ll/1711Q6121321.htm.
255 J.L. Short and M.W. Toffel, "Making Self-Regulation More than Merely Symbolic: The Critical Role of the
Legal Environment," Administrative Science Quarterly 55, No. 3 (2010): 361-396.
256 A.G. Sam, "Impact of Government-Sponsored Pollution Prevention Practices on Environmental Compliance and
Enforcement: Evidence from a Sample of U.S. Manufacturing Facilities," Journal of Regulatory Economics 37, No.
3 (2010): 266-286.
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chemicals or other toxics if the monitoring is difficult or ambiguous, which potentially obviates
the reporting requirement because there is no clear indication of release.257 Studies show
mandatory greenhouse gas reporting programs for electric generating utilities reduce carbon
emissions, but that similar voluntary programs do not. Martin and Saikawa evaluated 17 state
greenhouse gas reduction polices targeted at electric generating utilities. They found that
mandatory, but not voluntary, greenhouse gas reporting programs reduce carbon emissions.258
Lyon and Kim concluded that the Department of Energy's 1605b program, a federal voluntary
greenhouse gas reporting program for power plants, did not significantly influence firms' carbon
emissions per unit electricity generated. 259 These studies show that programs work best with an
existing, strong regulatory framework, but that participating facilities and firms are unlikely to
go above and beyond regulatory requirements through voluntary programs. In conversation with
the studies on technological innovation and diffusion, it appears that industrial and corporate
networks provide the best method to spread environmental management technologies, and not
cooperation with a voluntary program.
Government sponsored voluntary programs sometimes offer incentives to participants in the
form of laxer regulatory oversight or the protection of information provided through the
programs. As we saw with studies of the 33/50 program, the enforcement theory that supports
voluntary programs suggest that the potential for a less active regulatory regime and attendant
decreased compliance costs serves as a primary motivation for industry participation. Guerrero
and Innes examined the incentives that industry received from voluntary programs, specifically
the privileging of facility information generated from self-auditing and self-reporting of
violations, and immunity from regulatory penalties. Their study reveals that privilege protections
of information are an effective incentive for participation that reduces emissions and
enforcement actions. However, they also find that giving immunity from enforcement penalties
makes program participants less likely to practice effective environmental management and
those participants tend to experience high rates of toxic pollution and subsequent government
enforcement. As above, Guerrero and Innes's findings reinforce the symbiotic relationship
between regulatory oversight and voluntary programs.260
Although industry, trade association, or third-party standard organization sponsored voluntary
environmental programs lack the regulatory authority of government backed programs, studies
257 L.T. Bui and S. Kapon, "The Impact of Voluntary Programs on Polluting Behavior: Evidence from Pollution
Prevention Programs and Toxic Releases," Journal of Environmental Economics and Management 64, No. 1 (2012):
31-44.
258 G. Martin and E. Saikawa, "Effectiveness of State Climate and Energy Policies in Reducing Power-Sector C02
Emissions," Nature Climate Change 7 (2017): 912-919.
259 T.P. Lyon and E.-H. Kim, "Greenhouse Gas Reductions or Greenwash?: The DOE's 1605b Program," SSRN
(2006).
260 S. Guerrero and R. Innes, "Self-Policing Statutes: Do They Reduce Pollution and Save Regulatory Costs?," The
Journal of Law, Economics, and Organization 29, No. 3 (2011): 608-637.
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demonstrate that these programs are also effective at reducing both pollution and the frequency
of government enforcement actions. Non-government programs' performances improve when
they include oversight and/or sanction mechanisms. For example, Potoski and Prakash issued
two sets of findings on the ISO 14001 standards, an environmental management practices and
standards program sponsored by the International Organization for Standardization. In addition
to its standards and practices, ISO 14001 includes monitoring and sanctioning. Potoski and
Prakash find that, even without government backing, facilities that participate in ISO 140001
both reduce their emissions compared to non-participating facilities and achieve greater
compliance with government regulations than non-participating facilities. They speculate that
facilities participate in ISO 14001 because the standard is so popular and well known that it acts
as a kind of certification of a facility's environmental citizenship, and that benefit motivates
facilities to undertake the cost of meeting the standard.261
Further, Lenox and Nash looked at industry self-regulations programs that trade associations in
the chemical, textile, and pulp and paper industries sponsor. As with Potoski and Prakash's ISO
14001 studies, Lenox and Nash find that oversight and sanction mechanisms within
nongovernmental programs, however weak those mechanisms may be, are key to program
success. Lenox and Nash assert that the existence of oversight and sanction within the program
makes the program less attractive to polluting firms and facilities.262 Thus, as with government
sponsored programs, the incentive and compliance mechanisms affect both the composition of
the program and the emissions and government enforcement activity the program achieves. And,
indeed, that the composition and success of programs are interrelated.
261 M. Potoski and A. Prakash, "Covenants with Weak Swords: ISO 14001 and Facilities' Environmental
Performance," Journal of Policy Analysis and Management: The Journal of the Association for Public Policy
Analysis and Management 24, No. 4 (2005): 745-769; M. Potoski and A. Prakash, "Green Clubs and Voluntary
Governance: ISO 14001 and Firms' Regulatory Compliance." American Journal of Political Science 49, No. 2
(2005): 235-248.
262 M.J. Lenox and J. Nash, "Industry Self-Regulation and Adverse Selection: A Comparison Across Four Trade
Association Across Four Trade Association Programs," Business Strategy and the Environment 12, No. 6 (2003):
343-356.
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APPENDIX I. STATE SAMPLE METHODOLOGY
As part of CERCLA 108(b) financial responsibility rulemaking, EPA collected information on
state environmental regulations relevant to the electric power generation, transmission and
distribution industry for a representative sample of states. Within the electric power generation,
transmission and distribution industry, for reasons explained in the methodology section of this
report, EPA chose to focus on coal-fired electric utility plants for its review of relevant state
regulations.
The following section summarizes EPA's findings about the geographic distribution of relevant
electric power generation, transmission and distribution industry facilities within the 50 states
and the District of Columbia. EPA relied upon rulemakings and the U.S. Census Bureau's
County Business Pattern data to generate the results. The Census Bureau collects data on the
number of "establishments" within each geographic area; it defines an "establishment" as "a
single physical location at which business is conducted or services or industrial operations are
performed."263
The Census Bureau collects establishment information by the number of employees at each
establishment (i.e., number of establishments in a given state with 1-4 employees, number of
establishments in a given state with 5-9 employees, etc.). For the purposes of generating a
representative sample of states for regulatory information collection, EPA included all the
establishments in a given state, regardless of employment, in its findings. We focus on
"establishments" as the measure is facility-based, which presumably aligns with how a potential
rule would be structured. EPA could also weight the identification of facilities, and therefore
states, by other metrics like employment.
The section below discusses in detail EPA's methodology for generating a representative sample
of states from which to collect environmental regulatory information.
In summary, the electric power generation, transmission and distribution industry samples
includes: Pennsylvania, Michigan, Indiana, Illinois, Missouri, Texas, Kentucky, Iowa, Ohio,
Wisconsin, Florida, Minnesota, and North Carolina.
Coal-Fired Utility Plants
As discussed in the Introduction and Methodology sections, above, EPA has focused on
environmental regulations relevant to fossil fuel electric power generation facilities for its review
of state regulations. Fossil fuel electric power generation facilities includes all fossil fuel
powered electric power generation facilities. Within the fossil fuel electric power generation
263 U.S. Census Bureau, County Business Patterns, Glossary, accessed July 27, 2018 at:
https://www.census.gov/programs-survevs/cbp/about/glossarv.html.
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facilities, EPA is particularly focused on coal fired power plants and facilities that produce coal
combustion residuals. The tables below summarize the geographic distribution of coal fired
plants and all fossil fueled power plants using data from EPA's coal combustion residuals
rulemaking and Census Bureau data on fossil fuel electric power generation establishments.
Table 1, below, summarizes the geographic distribution at the state level for the affected
universe of coal-fired utility plants from EPA's 2015 coal combustion residuals rulemaking and
2018 proposed RCRA disposal of coal combustion residuals rulemaking.
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Table 1. Coal-Fired Electric Utility Plants Affected by the 2015 CCR Rule by State
% of Total
Row
State
Plants
Plants
Cumulative %
1
Pennsylvania
24
5.8%
5.8%
2
Michigan
23
5.6%
11.4%
3
Indiana
21
5.1%
16.5%
4
Illinois
19
4.6%
21.1%
5
Missouri
19
4.6%
25.7%
6
Texas
18
4.4%
30.0%
7
Kentucky
17
4.1%
34.1%
8
Iowa
16
3.9%
38.0%
9
Ohio
16
3.9%
41.9%
10
Wisconsin
16
3.9%
45.8%
11
Florida
14
3.4%
49.2%
12
Minnesota
14
3.4%
52.5%
13
North Carolina
14
3.4%
55.9%
14
Colorado
12
2.9%
58.8%
15
Virginia
12
2.9%
61.7%
16
Wyoming
11
2.7%
64.4%
17
Alabama
10
2.4%
66.8%
18
Georgia
10
2.4%
69.2%
19
West Virginia
10
2.4%
71.7%
20
California
8
1.9%
73.6%
21
New York
8
1.9%
75.5%
22
South Carolina
8
1.9%
77.5%
23
Kansas
7
1.7%
79.2%
24
Maryland
7
1.7%
80.9%
25
North Dakota
7
1.7%
82.6%
26
Nebraska
7
1.7%
84.3%
27
Tennessee
7
1.7%
86.0%
28
Arizona
6
1.5%
87.4%
29
Oklahoma
6
1.5%
88.9%
30
Arkansas
5
1.2%
90.1%
31
Mississippi
5
1.2%
91.3%
32
Montana
5
1.2%
92.5%
33
New Jersey
5
1.2%
93.7%
34
Utah
5
1.2%
94.9%
35
Louisiana
4
1.0%
95.9%
36
New Mexico
4
1.0%
96.9%
37
Hawaii
2
0.5%
97.3%
38
Massachusetts
2
0.5%
97.8%
39
New Hampshire
2
0.5%
98.3%
40
Nevada
2
0.5%
98.8%
41
South Dakota
2
0.5%
99.3%
42
Alaska
1
0.2%
99.5%
43
Connecticut
1
0.2%
99.8%
44
Maine
1
0.2%
100.0%
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Row
State
Plants
% of Total
Plants
Cumulative %
45
District of Columbia
0
0.0%
100.0%
46
Delaware
0
0.0%
100.0%
47
Idaho
0
0.0%
100.0%
48
Oregon
0
0.0%
100.0%
49
Rhode Island
0
0.0%
100.0%
50
Vermont
0
0.0%
100.0%
51
Washington
0
0.0%
100.0%
52
Total
413
100%
Source: Regulatory Impact Analysis: EPA's 2018 RCRA Proposed Rule for Disposal of Coal Combustion Residuals
from Electric Utilities; Amendments to the National Minimum Criteria (Phase One), U.S. EPA, Office of Resource
Conservation and Recovery, March 2018.
Table 2, below, summarizes the geographic distribution of fossil fuel electric power generation
establishments from the Census Bureau's 2016 County Business Patterns data, which include all
fossil fuel powered electric power generation facilities.
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Table 2. Fossil Fuel Electric Power Generation Establishments by State, 2016 U.S. Census
County Business Patterns Data
% of Total
Row
State
Establishments
Establishments
Cumulative %
1
Texas
155
10.4%
10.4%
2
Louisiana
79
5.3%
15.7%
3
California
72
4.8%
20.5%
4
Ohio
71
4.8%
25.3%
5
Pennsylvania
70
4.7%
30.0%
6
North Carolina
60
4.0%
34.0%
7
New York
56
3.8%
37.8%
8
Georgia
54
3.6%
41.4%
9
Florida
47
3.2%
44.6%
10
Colorado
46
3.1%
47.7%
11
Oklahoma
45
3.0%
50.7%
12
Kentucky
44
3.0%
53.6%
13
Missouri
41
2.8%
56.4%
14
Illinois
40
2.7%
59.1%
15
Indiana
38
2.6%
61.6%
16
New Jersey
38
2.6%
64.2%
17
Michigan
36
2.4%
66.6%
18
Minnesota
35
2.3%
68.9%
19
Wisconsin
33
2.2%
71.1%
20
Alabama
27
1.8%
73.0%
21
Utah
27
1.8%
74.8%
22
Massachusetts
26
1.7%
76.5%
23
Arkansas
23
1.5%
78.1%
24
Kansas
22
1.5%
79.5%
25
Maryland
22
1.5%
81.0%
26
Alaska
21
1.4%
82.4%
27
Virginia
21
1.4%
83.8%
28
Mississippi
20
1.3%
85.2%
29
Iowa
18
1.2%
86.4%
30
South Carolina
18
1.2%
87.6%
31
West Virginia
18
1.2%
88.8%
32
New Mexico
16
1.1%
89.9%
33
Nevada
13
0.9%
90.7%
34
North Dakota
13
0.9%
91.6%
35
Arizona
12
0.8%
92.4%
36
Connecticut
12
0.8%
93.2%
37
Delaware
12
0.8%
94.0%
38
Hawaii
12
0.8%
94.8%
39
Wyoming
11
0.7%
95.6%
40
Idaho
9
0.6%
96.2%
41
Nebraska
8
0.5%
96.7%
42
South Dakota
8
0.5%
97.2%
43
Washington
8
0.5%
97.8%
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Row
State
Establishments
% of Total
Establishments
Cumulative %
44
New Hampshire
7
0.5%
98.3%
45
Oregon
6
0.4%
98.7%
46
Montana
5
0.3%
99.0%
47
Rhode Island
5
0.3%
99.3%
48
Maine
4
0.3%
99.6%
49
District of Columbia
3
0.2%
99.8%
50
Vermont
2
0.1%
99.9%
51
Tennessee
1
0.1%
100.0%
52
Total
1490
100%
Source: U.S. Census Bureau, 2016 County Business Patterns Data for fossil fuel electric power generation
establishments, accessed July 27, 2018 at: https://www.census.gov/programs-survevs/cbp/data/tables.html.
EPA concluded that the affected universe of coal-fired electric utility plants from the 2015 coal
combustion residuals rulemaking (Table 1) better reflects the focus of this review of relevant
environmental regulations than the entirety of fossil fuel electric power generation
establishments (Table 2), which include utility plants powered by other fossil fuels. As a result,
EPA collected state regulatory information for the electric power generation, transmission, and
distribution industry from the 13 states with the most coal-fired plants that constitute over 50
percent of the affected universe (by facility count): Pennsylvania, Michigan, Indiana, Illinois,
Missouri, Texas, Kentucky, Iowa, Ohio, Wisconsin, Florida, Minnesota, and North Carolina. The
state regulatory oversight of these wastes and the overall protectiveness of the particular state
program varies.
APPENDIX II. FEDERAL ENVIRONMENTAL REGULATIONS
The following table summarizes the major legislation and subsequent federal environmental
regulations relevant to fossil fuel electric power generation facilities that have been promulgated
by federal agencies. EPA intends to summarize the major pieces of legislation and the
subsequent regulations federal agencies have promulgated under their authority relevant to the
fossil fuel electric power generation industry.
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Table A. Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities
Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
1
National
Ambient Air
Quality
Standards
(NAAQS)
40CFR
Part 50
42 U.S.C. 7401
et seq. (Clean
Air Act)
36 FR
22384
Air
Pollution
These regulations establish national
primary and secondary air quality
standards for: sulfur oxides,
particulate matter, carbon monoxide,
ozone, nitrogen oxides, lead, and
exceptional pollutant events.
Primary standards protect the public
health, and second standards protect
the public welfare from any adverse
effects of the pollutants.
11/25/1971
11/25/1971
2
New Source
Performance
Standards
(NSPS)
40CFR
Part 60
42 U.S.C. 7401
et seq. (Clean
Air Act)
36 FR
24877;
72 FR
32717
Air
Pollution
These regulations establish standards
of performance for newly
constructed stationary source
facilities or features at facilities for
pollutant emissions, as well as
compliance timelines, reporting, and
monitoring practices for the
facilities. Also establishes reporting
and recordkeeping requirements
pursuant to the rule. The standards
vary by facility and feature type.
12/23/1971
12/23/1971
Different dates of
implementation for
each subpart/facility
type. See below for
relevant subparts.
3
Electric Utility
Steam
Generating Units
(Boilers): New
Source
Performance
Standards
(NSPS)
40CFR
Part 60
Subpart
Da
42 U.S.C.
§7401
et seq. (Clean
Air Act)
44 FR
33579
Air
Pollution
The regulation establishes standards
of performance for particulate
matter, sulfur dioxide, nitrogen
oxides, and carbon monoxide
emissions for electric utility steam
generating units.
6/11/1979
6/11/1979
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Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
4
Standards of
Performance for
Greenhouse Gas
Emissions and
Compliance
Times for
Electric Utility
Generating Units
40CFR
Part 60
Subpart
uuuu
42 U.S.C.
§7401
et seq. (Clean
Air Act)
80 FR
64941
Air
Pollution
The regulation establishes mass-
based greenhouse gas emissions
standards, plan requirements, and
recordkeeping and reporting
requirements for electric utility
generating units.
10/23/2015
10/23/2015
5
National
Emission
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40CFR
Part 61
42 U.S.C. 7401
et seq. (Clean
Air Act)
38 FR
8826
Air
Pollution
The regulation establishes emissions
standards for a suite of air pollutants:
radon, beryllium, mercury, vinyl
chloride, radionuclides, benzene,
asbestos, arsenic, and radon.
4/6/1973
4/6/1973
At initial effective
date, standards only
for asbestos,
beryllium, and
mercury.
6
National
Emission
Standards for
Hazardous Air
Pollutants
(NESHAPs) for
Source
Categories and
Maximum
Achievable
Control
Technology
(MACT)
Standards
40CFR
Part 63
42 U.S.C. 7401
et seq. (Clean
Air Act)
57 FR
61992
Air
Pollution
These regulations establish
emissions standards for hazardous
air pollutants by facility type as well
as performance criteria to reduce air
toxin emissions. Requires that new
facilities must use the best pollution
control technologies already in use
within their industry. Also
establishes work practice standards,
performance test requirements, and
reporting and recordkeeping
requirements for each facility type.
12/29/1992
12/29/1992
Implementation date
varies by facility type.
See below.
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Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
7
Industrial,
Commercial, and
Institutional
Boilers and
Process Heaters:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40CFR
Part 63
Subpart
DDDDD
42 U.S.C. 7401
et seq. (Clean
Air Act)
76 FR
15664
Air
Pollution
The regulation establishes emissions
standards for hazardous air
pollutants for industrial, commercial,
and institutional boilers, as well as
work practice standards, operational
limits, testing and analysis
requirements, a and reporting
requirements.
3/21/2011
3/21/2011
8
Equipment
Leaks: National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40CFR
Part 63
Subpart
H
42 U.S.C. 7401
et seq. (Clean
Air Act)
59 FR
19568
Air
Pollution
The regulation establishes emissions
standards for hazardous air
pollutants for equipment leaks.
4/22/1994
4/22/1994
9
Certain
Processes
Subject to the
Negotiated
Regulation for
Equipment
Leaks: National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40CFR
Part 63
Subpart I
42 U.S.C. 7401
et seq. (Clean
Air Act)
59 FR
19587
Air
Pollution
The regulation establishes emissions
standards for hazardous air
pollutants for processes related to
equipment leaks.
4/22/1994
4/22/1994
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Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
10
Industrial
Process Cooling
Towers:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40CFR
Part 63
Subpart
Q
42 U.S.C. 7401
et seq. (Clean
Air Act)
59 FR
46350
Air
Pollution
The regulation establishes emissions
standards for hazardous air
pollutants for industrial process
cooling towers banning the use of
chromium-based water treatment
chemicals in industrial process
cooling towers.
9/8/1994
9/8/1994
11
Coal- and Oil-
Fired Electric
Utility Steam
Generating
Units: National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40CFR
Part 63
Subpart
uuuuu
42 U.S.C. 7401
et seq. (Clean
Air Act)
77 FR
9464
Air
Pollution
The regulation establishes
particulate matter, antimony, arsenic,
cadmium, cobalt, lead, manganese,
nickel, selenium, hydrogen chloride,
sulfur dioxide, beryllium, hydrogen
fluoride, and mercury emissions
standards for hazardous air
pollutants at coal- and oil-fired
electric utility steam generating
units. Also establishes work practice
standards, operational limits,
performance testing requirements,
and reporting requirements.
2/16/2012
4/16/2012
12
Marine Tank
Vessel Loading
Operations:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40CFR
Part 63
Subpart
Y
42 U.S.C. 7401
et seq. (Clean
Air Act)
60 FR
48399
Air
Pollution
The regulation establishes emissions
standards for hazardous air
pollutants for marine tank vessel
loading operations. Includes
minimum achievable control
technology standards (MACTS) for
marine tank vessel loading
operations, as well.
9/19/1995
9/19/1995
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Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
13
Stationary
Combustion
Turbines:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40CFR
Part 63
Subpart
YYYY
42 U.S.C. 7401
et seq. (Clean
Air Act)
69 FR
10537
Air
Pollution
The regulation establishes ozone and
formaldehyde emissions standards
for hazardous air pollutants for
stationary combustion turbines, as
well as operating limits and
reporting requirements.
3/5/2004
3/5/2004
14
Reciprocating
Internal
Combustion
Engines:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40CFR
Part 63
Subpart
ZZZZ
42 U.S.C. 7401
et seq. (Clean
Air Act)
69 FR
33506
Air
Pollution
The regulation establishes
formaldehyde emissions standards
for hazardous air pollutants for
reciprocating combustion engines.
Also establishes operating
limitations, performance testing
requirements and reporting
requirements.
6/15/2004
6/15/2004
15
Chemical
Accident
Prevention
Provisions
40CFR
Part 68
42 U.S.C.
7412(r),
7601(a)(1),
7661-766 If
(Clean Air Act)
59 FR
4493; 61
FR 31668
Air
Pollution
These regulations require and/or set
guidance for the prevention and
detection of accidental releases of
certain hazardous substances from
stationary sources of over certain
threshold amounts of the subject
substance. The rules address the use,
operation, repair, and maintenance
of equipment to monitor, detect,
inspect, and control releases,
including the training of personnel.
The rules also include requirements
for regulated facilities to submit
Risk Management Plans (RMPs),
comprising hazard assessments,
prevention programs, and emergency
response programs.
6/20/1996
6/21/1999
List of hazardous
substances and
thresholds requiring
creation of RMPs
published in 59 FR
4493, 1/31/1994.
RMP requirements
published in 61 FR
31668, 6/20/1996.
Electric utilities,
refineries, and
chemical
manufacturing
facilities identified as
part of regulated
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Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
universe as of
6/20/1996.
16
State Operating
Permit Programs
40CFR
Part 70
42 U.S.C. 7401
et seq. (Clean
Air Act)
57 FR
32250
Air
Pollution
The regulation establishes the
minimum elements of State
operating permit programs to major
stationary sources, including major
sources of hazardous air pollutants
as listed in the Clean Air Act,
covered by New Source
Performance Standards, sources
covered by emissions standards for
hazardous air pollutants pursuant to
the Clean Air Act, and affected
sources under the acid rain program.
7/21/1992
11/15/1993
11/15/1993 was the
date by which states
must submit proposed
permit programs to
EPA for approval.
17
Federal
Operating Permit
Programs
40CFR
Part 71
42 U.S.C. 7401
et seq. (Clean
Air Act)
61 FR
34202
Air
Pollution
The rule establishes the
comprehensive Federal air quality
operating permits permitting
program, requiring all pollutant
sources (as defined by the Clean Air
Act) to obtain a permit to operate.
7/31/1996
7/31/1997
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Protection of
Stratospheric
Ozone
40CFR
Part 82
42 U.S.C. 7414,
7601, 7671-
767 lq (Clean
Air Act)
57 FR
33754
Air
Pollution
The rule establishes a system of
reporting, caps, allowances, and
exchanges of the of ozone depleting
substances, such as
chlorofluorocarbons (CFCs) that can
be produced or imported, based on
baseline conditions. Allocates
decreasing allowances of ozone
depleting substances to companies
going forward. Fulfills the U.S.'s
obligations under the Montreal
Protocol on Substances that Deplete
the Ozone Layer.
1/1/1992
1/1/1992
19
Cross-State Air
Pollution Rule
40CFR
Part 97
42 U.S.C. 7401
et seq. (Clean
Air Act)
76 FR
48406
Air
Pollution
The Clean Air Act's "good neighbor"
provision requires EPA and states to
address interstate transport of air
pollution that affects downwind
states' ability to attain and maintain
National Ambient Air Quality
Standards (NAAQS). Specifically,
Clean Air Act section
110(a)(2)(D)(i)(I) requires each state
in its State Implementation Plan
(SIP) to prohibit emissions that will
significantly contribute to
nonattainment of a NAAQS, or
interfere with maintenance of a
NAAQS, in a downwind state. The
Act requires EPA to backstop state
actions by promulgating Federal
Implementation Plans (FIPs) in the
event that a state fails to submit, or
EPA disapproves good neighbor
SIPs.
8/8/2011
1/1/2015
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Mandatory
Greenhouse Gas
Reporting
40CFR
Part 98
42 U.S.C. 7401-
767 lq (Clean
Air Act
Sections 114
and 208)
74 FR
56374;
74 FR
56260
Air
Pollution
The regulation requires reporting of
annual emissions of greenhouse
gases: carbon dioxide (C02),
methane (CH4), nitrous oxide
(N20), sulfur hexafluoride (SF6),
hydrofluorocarbons (HFCs),
perfluorocarbons (PFCs), and other
fluorinated gases. The rule applies to
downstream facilities that emit
25,000 metric tons or more per year,
upstream suppliers of fossil fuels
and industrial greenhouse gases, and
manufacturers of vehicles and
engines.
12/29/2009
1/1/2010
2010 was the first year
of data collection.
21
New Source
Review (NSR)
40CFR
Parts 49
and 52
42 U.S.C. 7401-
767lq (Clean
Air Act)
36 FR
22398
Air
Pollution
Sets guidelines for issuance New
Source Review permits, which apply
to newly built or modified factories,
industrial boilers, and power plants.
Permits issued under New Source
Review include: 1) Prevention of
Significant Deterioration permits, for
new major sources in areas that meet
National Ambient Air Quality
Standards; 2) Nonattainment New
Source Review permits, for new
major sources or major source
modifications in areas that do not
meet National Ambient Air Quality
Standards; and 3) Minor New
Source Review permits.
11/25/1971
11/25/1971
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Acid Rain
Program
40CFR
Parts 72-
78
42 U.S.C. 7401
et seq. (Clean
Air Act)
58 FR
3650
Air
Pollution
The Acid Rain Program (ARP),
established under Title IV of the
1990 Clean Air Act (CAA)
Amendments requires major
emission reductions of sulfur dioxide
(S02) and nitrogen oxides (NOx),
the primary precursors of acid rain,
from the power industry.
1/11/1993
1/11/1993
23
OSHA
Hazardous
Waste
Operations and
Emergency
Response
Standards
(HAZWOPER)
29CFR
1910.120;
29CFR
1926.65
29 U.S.C. 655
(Occupational
Safety and
Health Act)
54 FR
9294
Emergency
Planning
and
Response
The regulation requires employers to
develop a written safety and health
program for their employees
involved in hazardous waste
operations. The program will
identify, evaluate, and control safety
and health hazards, and provide for
emergency response for hazardous
waste operations. The program will
include an organizational structure, a
comprehensive workplan, site-
specific safety and health plans,
training programs, medical
surveillance programs, standard
operating health and safety
procedures, and interface between
the general program and site-specific
activities.
3/6/1989
3/6/1990
Amended in 1996
under the authority of
the Superfund
Amendments
Reauthorization Act
(SARA) in order to
issue regulations
protecting workers
engaged in hazardous
waste operations.
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OSHA
Emergency
Action Plan
(EAP)
29CFR
Part
1910.38
Subpart E
29 U.S.C. 653,
655, 657
(Occupational
Safety and
Health Act)
67 FR
67961
Emergency
Planning
and
Response
Emergency Action Plans must
include: Procedures for reporting a
fire or other emergency; procedures
for emergency evacuation, including
type of evacuation and exit route
assignments; procedures to be
followed by employees who remain
to operate critical plant operations
before they evacuate; procedures to
account for all employees after
evacuation; procedures to be
followed by employees performing
rescue or medical duties; and the
name or job title of every employee
who may be contacted by employees
who need more information about
the plan or an explanation of their
duties under the plan.
11/7/2002
11/7/2002
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Occupational
Safety and
Health Standards
(OSHA)
29CFR
Part 1910
29 U.S.C. 655,
657
(Occupational
Safety and
Health Act)
39 FR
23502;
54 FR
9317; 57
FR 6403
Emergency
Planning
and
Response
This rule promulgates occupational
safety and health standards pursuant
to national consensus standards or
extant federal standards
implemented in other federal statutes
or regulations.
The rule includes Process Safety
Management (PSM) standards for
preventing or minimizing the
consequences of catastrophic
releases of highly hazardous
chemicals, which establishes process
hazard analysis, operating
procedure, and training protocols. It
also requires employers to develop
and implement a written safety and
health program for employees
involved in hazardous waste
operations, which should be
designed to identify, evaluate, and
control safety and health standards,
and provide for emergency response.
6/27/1974
6/27/1974
Regulation adopted
and extended
applicability of
previously established
Federal standards in
effect on 4/28/1971.
Part 1910.120
implemented
3/6/1990, see 54 FR
9317. Part 1910.119
(PSM standards)
implemented
2/24/1992, see 57 FR
6403.
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Council on
Environmental
Quality
Regulations for
Implementing
the Procedural
Provisions of the
National
Environmental
Policy Act
40CFR
Part
1500-
1518
42 U.S.C. 4371
et seq. (National
Environmental
Policy Act); 42
U.S.C. 7609
(Clean Air Act);
E.O. 11514
43 FR
55990
Emergency
Planning
and
Response
This rule attempts to ensure that
federal agencies interpret and
administer the policies, regulations,
and public laws of the United States
in accordance with the National
Environmental Policy Act (NEPA).
NEPA, and this subsequent
regulation, stipulate that
environmental information is
available to public officials and
citizens before decisions are made
and actions are taken. The
information must be of high quality
and reflect accurate scientific
analysis and allow for agency
comment and public review. Prior to
decisions and actions, federal
agencies must prepare an
environmental impact statement.
11/29/1978
7/30/1979
Rule was amended
4/25/1986 to require
agencies to include
notices about
incomplete
information in
environmental impact
statements, and make
efforts to resolve the
incomplete
information, either by
explaining its
relevance, paying to
acquire the
information, or
providing a summary
of existing scientific
evidence and/or
agency evaluation of
the incomplete
information.
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27
Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
Preparedness
and Prevention
40CFR
Part 264,
Subpart C
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
45 FR
33221
Emergency
Planning
and
Response
Stipulates that hazardous waste
facilities must be designed,
constructed, maintained, and
operated to minimize the possibility
of a fire, explosion, or unplanned
release of hazardous waste or
hazardous waste constituents.
Requires that all facilities obtain
emergency response equipment -
alarm system, telephone or radio,
fire extinguishers, and water supply -
and sets requirements for testing and
maintenance of that equipment. Sets
aisle space requirement for
movement of personnel, fire
protection equipment, spill control
equipment, and decontamination
equipment to any part of the facility.
Owners and operators must make
arrangements for familiarization and
response with local police, fire, and
emergency response teams, state
emergency response teams, and local
hospitals.
5/19/1980
11/19/1980
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National Oil and
Hazardous
Substances
Contingency
Plan (NCP)
40CFR
Part 300
42 U.S.C. 9601
(Comprehensive
Environmental
Response,
Compensation,
and Liability
Act
[CERCLA]); 42
U.S.C. 11001 et
seq (Emergency
Planning and
Community
Right-to-Know
Act); 33 U.S.C.
1321 (Clean
Water Act)
59 FR
47416
Emergency
Planning
and
Response
The National Oil and Hazardous
Substances Contingency Plan
provides an organizational structure
for preparing for and responding to
discharges of oil and releases of
hazardous substances, pollutants,
and contaminants. Originally
developed to provide a
comprehensive system of accident
reporting, spill containment, and
cleanup for oil spills, it was
expanded by the Clean Water Act of
1972 to include a framework for
responding to all hazardous
substances releases, and with
Superfund in 1980 it expanded to
include hazardous waste sites
requiring emergency removal
actions. The NCP was also revised
in 1994 pursuant to the Oil Pollution
Act of 1990. The National Priorities
List (NPL) was created under the
NCP.
N/A
1968
29
CERCLA
Designation,
Reportable
Quantities, and
Notification
40CFR
Part 302
33 U.S.C. 1251
et seq. (Clean
Water Act
rCWAl)
50 FR
13474
Emergency
Planning
and
Response
This rule designates hazardous
substances and establishes
notification requirements for owners
or operators of vessels or facilities
that release hazardous substances
above reportable quantity thresholds.
4/4/1985
4/4/1985
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CERCLA
Emergency
Planning and
Notification
40CFR
Part 355
42 U.S.C.
11001 et seq
(Emergency
Planning and
Community
Right-to-Know
Act [EPCRA])
73 FR
65462
Emergency
Planning
and
Response
CERCLA Emergency Planning and
Notification requires disclosure of
facility information to allow state
and local authorities to develop and
implement chemical emergency
response plans if facilities handle
designated extremely hazardous
substances above established
thresholds.
10/17/1986
10/17/1986
Date final rule
published, and
effective date are the
date SARA (and
EPCRA) were
enacted.
31
CERCLA
Hazardous
Chemical
Reporting:
Community
Right to Know
40CFR
Part 370
42 U.S.C.
11001 et seq
(Emergency
Planning and
Community
Right-to-Know
Act IEPCRA1)
73 FR
65478
Emergency
Planning
and
Response
This rule establishes the Material
Safety Data Sheet (MSDS) and
inventory reporting requirements for
hazardous materials/extremely
hazardous materials over certain
thresholds present at a facility.
10/17/1986
10/17/1986
Date final rule
published, and
effective date are the
date SARA (and
EPCRA) were
enacted.
32
CERCLA Toxic
Chemical
Release
Reporting
40CFR
Part 372
42 U.S.C.
11023 and
11048
(Emergency
Planning and
Community
Right-to-Know
Act [EPCRA])
53 FR
4525
Emergency
Planning
and
Response
This regulation establishes reporting
requirements for toxic chemical
releases for facility owners and
operators. EPA retains reports on
releases submitted under this
regulation in the Toxic Releases
Inventory (TRI).
2/16/1988
2/16/1988
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Superfund,
Emergency
Planning, and
Community
Right-to-Know
Programs
40CFR
Parts
300-399
42 U.S.C. 9601
(Comprehensive
Environmental
Response,
Compensation,
and Liability
Act
[CERCLA]); 42
U.S.C. 11001 et
seq (Emergency
Planning and
Community
Right-to-Know
Act [EPCRA]);
33 U.S.C. 1321
(Clean Water
Act [CWA])
N/A
Emergency
Planning
and
Response
CERCLA sets practices and
requirements for public notification
of releases of hazardous substances,
responses to releases, and
remediation of harm caused by
releases. Note that CERCLA
excludes petroleum and other
substances indigenous in petroleum
substances, as well as fossil fuel
combustion waste, from its
definition of "hazardous substances,"
and therefore does not regulate those
substances. CERCLA enforcement
provisions hold responsible parties
liable for cleanup at sites where
hazardous substances caused a
release or threat of release and may
impose financial assurance
requirements on parties found
responsible at such sites.
12/11/1980
12/11/1980
Date final rule
published, and the
effective date are the
date CERCLA was
signed into law.
EPCRA signed into
law in 1986 under
SARA and amended
through the Pollution
Prevention Act in
1990.
Key individual
regulations
implemented under
CERCLA/EPCRA
discussed in separate
rows.
34
Requests for
NIOSH Health
Hazard
Evaluations
42CFR
Part 85
Sec. 8(g), 84
Stat. 1600; 29
U.S.C.
657(g) and sec.
508, 83 Stat.
803
(Occupational
Health and
Safety Act); 30
U.S.C. 957
37 FR
23640
Emergency
Planning
and
Response
Establishes the procedure for
employers or employees to request a
health hazard evaluation of a jobsite
by National Institute for
Occupational Safety and Health
(NIOSH) officer. Under the
regulation, NIOSH officers have the
authority to perform investigations
of the work environment and
conduct medical and anthropometric
examinations of employees. NIOSH
will submit copies of the
investigation results to the employer,
employees, and the Department of
Labor.
11/7/1972
12/7/1972
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Process Safety
Management of
Highly
Hazardous
Chemicals
29CFR
Part
1910.119
29 U.S.C. 653,
655, 657
(Occupational
Safety and
Health Act)
57 FR
6403
Hazardous
Substances
Management
Establishes requirements for
preventing or minimizing the
consequences of catastrophic
releases of toxic, reactive,
flammable, or explosive chemicals
that may result in toxic, fire, or
explosion hazards. Requires
employers to develop plan of
employee implementation, complete
a compilation of written process
safety information, perform process
hazard analyses, establish written
operating procedures, conduct
trainings, conduct incident
investigations, establish emergency
action plans, and conduct
compliance audits for processes
involving hazardous chemicals.
2/24/1992
2/24/1992
36
Toxic
Substances
Control Act
Chemical
Substance
Inventory
40CFR
Part 710
15 U.S.C. 2601
et seq.; 44
U.S.C. 3504
42 FR
64572
Hazardous
Substances
Management
Implemented under the authority of
the Toxic Substances Control Act
(TSCA), the Chemical Substance
Inventory is the program through
which EPA compiles, updates, and
publishes a list of the chemical
substances that are manufactured or
processed in the United States. The
TSCA treats chemicals on the
Chemical Substances Inventory as
"existing" and chemicals not on the
inventory as "new chemical
substances." To use or manufacture
chemical substances, they must be
on the Chemical Substances
Inventory. The Inventory also
compiles manufacturing and use
restrictions for chemical substances.
12/23/1977
1/1/1978
EPA finalized a rule
under the Frank R.
Lautenberg Chemical
Safety for the 21st
Century Act, passed
6/22/2016, that added
"active" or "inactive"
designations to the
Chemical Substances
Inventory, depending
on whether the
chemical substance
had been
manufactured or
processed in the
United States from
6/22/2006-6/21/2016.
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Toxic
Substances
Control Act
Premanufacture
Notification
40CFR
Part 720
15 U.S.C. 2601
et seq.; 44
U.S.C. 3504
48 FR
21742
Hazardous
Substances
Management
Through the Toxic Substances
Control Act (TSCA)'s New
Chemicals Review Program, EPA
reviews "new chemical substances"
that are not on the Chemical
Substance Inventory to determine
the risks to human health and the
environment posed by chemicals
new to the marketplace. Any
operator who plans to manufacture
or import a new chemical substance
must submit a premanufacture notice
(PMN) to the EPA 90 days before
importing or manufacturing the
chemical.
5/13/1983
7/12/1983
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Toxic
Substances
Control Act
Regulations
40CFR
Parts
700-799
15 U.S.C. 2601
et seq.; 44
U.S.C. 3504
53 FR
31252
Hazardous
Substances
Management
The Toxic Substances Control Act
(TSCA) imposes reporting and
recordkeeping requirements on
manufacturers, importers,
processors, and distributors of
chemical substances. "Chemical
substances" regulated by the TSCA
include organics, inorganics,
polymers, chemicals of unknown or
variable composition, complex
reaction products, and biological
materials. The TSCA does not
regulate pesticides, foods, drugs,
cosmetics, tobacco, nuclear
materials, or munitions. TSCA
requires testing of chemicals by
manufacturers, importers, and
processors. The act requires
manufacturers, importers, and
processors to pay fees for
premanufacture notices (PMNs),
certain PMN exemption applications
and notices, and significant new use
notices. Enables EPA to issue
"significant new use rules" for
chemicals.
10/11/1976
1/1/1977
The Toxic Substances
Control Act was
amended on
6/22/2016 by the
Frank R. Lautenberg
Chemical Safety for
the 21st Century Act,
which required EPA
to evaluate existing
chemicals on clear
and enforceable
deadlines, created
risk-based chemical
assessments, and
increased the
transparency of
chemical information.
Implementation of the
act begin on
6/22/2017, which
included final rules to
establish EPA's
process to evaluate
high priority
chemicals and require
industry reporting of
chemicals
manufactured or
processed in the US
over the last 10 years.
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39
Pollution
Prevention Act
42 U.S.C
Chapter
133
42 U.S.C
Chapter 133
(Pollution
Prevention Act)
N/A
Hazardous
Substances
Management
The Pollution Prevention Act
establishes a national policy to
prevent or reduce pollution at the
source, whenever feasible and an
EPA office to carry out the
requirements of the Act (Office of
Chemical Safety and Pollution
Prevention). Pollution prevention
approaches are to be applied to all
pollution-generating activities. Any
pollution that cannot be prevented
should be recycled in an
environmentally safe manner,
whenever feasible.
The act promotes pollution
prevention by reducing or
eliminating waste at the source
and/or reduces the hazards to public
health and the environment from
pollutants by modifying equipment,
technology, and production
processes, formulating product
design, substituting raw materials,
improving operating procedures, and
recycling materials rather than
putting them into the waste stream.
It provides for grants to support
pollution prevention measures at the
state level.
The act requires facility owners or
operator that file annual toxic
chemical release forms to include an
annual toxic chemical source
11/5/1990
11/5/1990
The date the final rule
was published, and the
effective date are the
date on which the
Pollution Prevention
Act was signed into
law.
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reduction and recycling report with
that filing.
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Hazardous
Materials Safety
Regulations
49CFR
Parts
100-185
49 U.S.C.
5101-5127
(Hazardous
Materials
Transportation
Act)
67 FR
42951
Hazardous
Substances
Management
In this final rule, the Research and
Special Programs Administration
(RSPA) of the Department of
Transportation revises and clarifies
its hazardous materials safety
rulemaking and program procedures.
RSPA has rewritten the rulemaking
procedures in plain language and
made minor substantive changes for
clarification. In addition, RSPA
created a new part that contains
defined terms used in RSPA's
procedural regulations. This rule
outlines oil spill prevention and
response plans; transportation of
hazardous materials; specifications
for packagings; specifications for
tank cars; and qualification and
maintenance of packagings.
6/25/2002
7/25/2002
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Pipeline Safety
Regulations
49CFR
Parts
190-199
49 U.S.C. 1671
et seq (National
Pipeline Safety
Act) and 49
U.S.C. 60101 et
seq (Hazardous
Liquid Pipeline
Safety Act)
35 FR
13257;
45 FR
9203; 45
FR
20413;
46 FR
38360;
53 FR
47096;
55 FR
38691;
58 FR
253; 78
FR
58908;
80 FR
43866
Hazardous
Substances
Management
These regulations prescribe
procedures for the Materials
Transportation Bureau of the DOT
to follow to assure compliance with
the Natural Gas Pipeline Safety Act
and the Hazardous Liquid Pipeline
Safety Act.
- Establishes reporting requirements
and minimum federal safety
standards for transporters of gas by
pipeline
- Establishes federal safety standards
for liquefied natural gas facilities
- Establishes requirements for oil
spill response plans for onshore oil
pipelines
- Establishes standards and
requirements for the transportation
of hazardous liquids by pipeline
- Establishes requirements for
excavators to protect underground
pipelines
- Prescribes regulations for grants-
in-aid for state pipeline safety
compliance programs
- Requires operators of pipeline
facilities to subject employees to
drug and alcohol testing.
8/19/1970
8/19/1970
Regulations
promulgated with
authority from Natural
Gas Pipeline Safety
Act (1968) and
amended in 1976, and
later through the
Hazardous Liquid
Pipeline Safety Act of
1979, the Pipeline
Safety
Reauthorization Act
of 1988, the Pipeline
Safety Act of 1992,
the Accountable
Pipeline Safety and
Partnership Act of
1996, the Pipeline
Safety Improvement
Act of 2002, the
Pipeline Inspection,
Protection,
Enforcement, and
Safety Act of 2006,
the Pipeline Safety,
Regulatory Certainty,
and Job Creation Act
of 2011, and
Protecting Our
Infrastructure of
Pipelines Enhancing
Srfety Act of 2016.
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42
Industrial Waste:
Fossil Fuel
Combustion
40CFR
Part 250
42 U.S.C. 3001,
3002, and 3004
(Solid Waste
Disposal Act)
43 FR
58946
Hazardous
Waste
Management
and Disposal
The rule categorizes wastes from the
combustion of fossil fuels designated
as "special wastes" as exempt from
RCRA regulations. These wastes
include fly ash, bottom ash, boiler
slag and particulates removed from
flue gas. During its assessment of
the regulatory status of fossil fuel
combustion wastes, EPA divided the
wastes into two categories: Large-
volume coal combustion wastes
generated at electric utility and
independent power producing
facilities that are managed
separately.
12/18/1978
12/18/1978
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Standards for the
Disposal of Coal
Combustion
Residuals in
Landfills and
Surface
Impoundments
40CFR
Part
257.50-
107
33 U.S.C. 1345
(Navigation and
Navigable
waters)
42 U.S.C.
(Public Health
and Welfare)
80 FR
21468
Hazardous
Waste
Management
and Disposal
Determines which CCR landfills and
CCR surface impoundments pose a
reasonable probability of adverse
effects on health or the environment.
Establishes minimum national
criteria for purposes of determining
which solid waste disposal facilities
and solid waste management
practices do not pose a reasonable
probability of adverse effects on
health or the environment. Applies
to owners and operators of new and
existing landfills and surface
impoundments, including any lateral
expansions of such units that dispose
or otherwise engage in solid waste
management of CCR generated from
the combustion of coal at electric
utilities and independent power
producers. Unless otherwise
provided in this subpart, these
requirements also apply to disposal
units located off-site of the electric
utility or independent power
producer. This subpart also applies
to any practice that does not meet
the definition of a beneficial use of
CCR. Also applies to inactive CCR
surface impoundments at active
electric utilities or independent
power producers, regardless of the
fuel currently used at the facility to
produce electricity.
4/17/2015
10/19/2015
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Identification
and Listing of
Hazardous
Waste
40CFR
Part 261
42 U.S.C. 6905,
6912(a), 6921,
6922, 6924(y),
and 6938
(Resource
Conservation
and Recovery
Act [RCRA])
45 FR
33119
Hazardous
Waste
Management
and Disposal
The regulation identifies solid
wastes which are subject to
regulation and notification
requirements as hazardous wastes
under RCRA Subtitle C. Hazardous
wastes identified include those from
nonspecific sources and those from
industry specific sources. Establishes
the criteria for solid wastes to be
treated as hazardous wastes under
RCRA. Establishes emergency
preparedness and response
management for identified
hazardous wastes. Also sets air
emission standards for process vents,
equipment leaks, and tanks and
containers storing identified
hazardous wastes.
Hazardous wastes from specific
sources identified include wastes
from organic and inorganic chemical
manufacturing, pesticide
manufacturing, and petroleum
refining.
5/19/1980
11/19/1980
The Solid Waste
Disposal
Amendments, enacted
on 10/12/1980,
included the Bevill
Amendment, which
initially exempted
fossil fuel combustion
wastes from
regulation as
hazardous wastes
under RCRA Subtitle
C. EPA ultimately
exempted fossil fuel
combustion wastes
from RCRA Subtitle
C regulations through
regulatory
determinations on
8/9/1993 and
5/22/2000. However,
EPA promulgated
regulations for coal
combustion residue
under RCRA Subtitle
D for non-hazardous
waste under 40 CFR
Part 257.
The Additional
hazardous wastes
from petroleum
refining identified in
amendments to
regulation, effective
5/2/1991 (see 55 FR
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46354), and 2/8/1999
(see 63 FR 42110).
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Standards
Applicable to
Generators of
Hazardous
Waste
40CFR
Part 262
42 U.S.C 6906,
6912, 6922-
6925, 6937, and
6938 (RCRA)
45 FR
33142
Hazardous
Waste
Management
and Disposal
These regulations establish standards
for generators of hazardous waste.
The standards outline: requirements
for the manifest; pre-transport
requirements; recordkeeping and
reporting; and special conditions for
international shipments and farmers.
5/19/1980
11/19/1980
Initially, small
quantity generators
(SQGs, those that
generated between
100-1,000 kg/mo. of
hazardous wastes)
were exempt from
these rules. The
Hazardous and Solid
Waste Amendments
(HWSA) to RCRA
were signed into law
on 11/8/1984. The
HWSA added
regulations for SQGs
under 40 CFR Part
262 effective
9/22/1986 (see 51 FR
10146).
46
Standards
Applicable to
Transporters of
Hazardous
Waste
40CFR
Part 263
42 U.S.C. 6906,
6912, 6922-
6925, 6937, and
6938, (RCRA)
45 FR
33151
Hazardous
Waste
Management
and Disposal
This rule establishes standards for
transporters of hazardous waste.
This rule clarifies compliance with
the manifest system and
recordkeeping, requires records to be
kept 3 years from date manifest was
accepted by initial transporter,
provides a toll-free phone number
for discharge reporting, and requires
immediate action and discharge
cleanup for hazardous waste
discharges. The rule also establishes
EPA authorization of state programs.
5/19/1980
11/19/1980
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities: Air
Emission
Standards
40CFR
Part 264,
Subpart
AA-CC
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
55 FR
25494
Hazardous
Waste
Management
and Disposal
Regulations establish air emissions
standards for process vents,
equipment leaks, tank systems,
surface impoundments, and
containers. Standards include test
methods and procedures, inspection
requirements, and recordkeeping and
reporting requirements.
6/21/1990
12/21/1990
Air emissions
standards for tanks,
surface
impoundments, and
containers
implemented
12/6/1994 (see 59 FR
62927).
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
General Facility
Standards
40CFR
Part 264,
Subpart B
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
45 FR
33221
Hazardous
Waste
Management
and Disposal
Every owner and operator of a
hazardous waste facility must apply
for an EPA identification number in
order to fulfill EPA notification
procedures. Subpart requires owners
and operators of hazardous waste
facilities to submit notices upon
arranging for receipt of hazardous
waste from off-site sources.
Facilities must meet location
standards, including consideration of
seismic environment, floodplains,
and salt dome formations. Prior to
treatment, storage, or disposal of
hazardous wastes, owners and
operators must obtain detailed
chemical and physical analysis of a
representative sample of waste.
Owners and operators must establish
sufficient security programs to
prevent unknowing and
unauthorized entry of persons or
livestock into the active portion of
the facility. Regulation establishes
general inspection requirements to
check for malfunctions,
deterioration, operator error, and
discharges. Personnel at hazardous
waste facilities must also complete a
training program directed by an
individual trained in hazardous
waste management procedures; the
training must include emergency
response instruction and must be
reviewed annually. Regulation
includes specific requirements for
5/19/1980
11/19/1980
Amended numerous
times since
implementation.
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ignitable, reactive, or incompatible
wastes. Owners and operators must
maintain records of personnel and
training completion until closure.
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
Contingency
Plan and
Emergency
Procedures
40CFR
Part 264,
Subpart
D
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act TRCRAl)
45 FR
33221
Hazardous
Waste
Management
and Disposal
Owners and operators of hazardous
waste facilities must have a
contingency plan designed to
minimize hazards to human health or
the environment from fires,
explosions, or the release of
hazardous waste or hazardous waste
constituents. The contingency plans
establish the actions personnel must
take in response to fires, explosions,
or the release of hazardous waste or
hazardous waste constituents. Plans
must list emergency equipment at
facility, include evacuation plans,
and describe arrangements with local
emergency response personnel.
Plans must designate emergency
coordinator responsible for
undertaking emergency procedures,
including assessment and reporting
of any release, fire, or explosion.
Owners and operators may fulfill the
requirements of this subpart by
amending existing emergency
contingency plans, including Spill
Prevention, Control and
Countermeasure (SPCC) plans.
Owners and operators must make
copies of plan available, must review
and amend plan when necessary.
5/19/1980
11/19/1980
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
Containment
Buildings
40CFR
Part 264,
Subpart
DD
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act TRCRAl)
57 FR
37265
Hazardous
Waste
Management
and Disposal
Establishes design and operating
standards for containment buildings
that treat or store hazardous waste.
Requires owners and operators of
facilities with containment buildings
to remove or decontaminate all
waste residues, containment system
components, subsoils, and structures
and equipment contaminated with
waste or leachate, and manage them
as hazardous waste. Owners and
operators must generate closure
plans and cost estimates, perform
closure activities, and acquire
financial responsibilities for
containment buildings. If owners
and operators cannot affect removal
or decontamination of contaminated
components, subsoils, structures, and
equipments, they must close the
facility and perform post-closure
care, including acquiring financial
responsibility. Any such closed
containment building site is
considered a landfill for the purposes
of compliance with the other
subparts of 40 CFR Part 264.
8/18/1992
2/18/1993
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
Manifest
System,
Recordkeeping,
and Reporting
40CFR
Part 264,
Subpart E
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act TRCRAl)
45 FR
33221
Hazardous
Waste
Management
and Disposal
If a facility receives hazardous waste
accompanied by a manifest, the
owner or operator must sign and date
the manifest to certify receipt and
note any discrepancies in the
manifest. If a facility accepts
hazardous waste without an
accompanying manifest, facility
must notify EPA regional office
within 15 days. Facilities must also
notify EPA regional office of
releases, fires, or explosions and
facility closure.
This regulation imposes requirement
on facilities to keep an operating
record including descriptions and
quantities of hazardous wastes
received, as well as waste analyses,
reports, and inspections. Owners and
operators must also generate and
notice closure and post-closure cost
estimates. These operating records
must be maintained at facilities for
five years and must be made
available for EPA review. Once
every two years, owners and
operators must submit a report to the
EPA regional offices describing
activities for the previous year.
5/19/1980
11/19/1980
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
Releases from
Solid Waste
Management
Units
40CFR
Part 264,
Subpart F
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
47 FR
32350
Hazardous
Waste
Management
and Disposal
Establishes requirements for owners
and operators of hazardous waste
treatment, storage, and disposal
facilities with surface
impoundments, land treatment units,
or landfills. The regulation imposes
these requirements through the
facility permitting program.
Establishes groundwater protection
standards for specific hazardous
constituents that facilities must meet.
Requires those facilities to detect,
characterize, and respond to releases
from those units into the uppermost
groundwater aquifer during the
active life of unit and during closure.
Owners and operators must
implement monitoring programs,
including wells, in order to monitor
compliance with groundwater
protection standards and detect
presence of hazardous constituents
in groundwater.
Corrective action programs must be
instituted whenever the groundwater
protection standard is exceeded and
when hazardous constituents exceed
concentration limits in local
groundwater. Corrective action
programs must be implemented so
that regulated units are in
compliance with groundwater
protection standards. Corrective
action programs must be
7/26/1982
1/26/1983
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implemented to protect human
health and the environment.
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
Closure and
Post-Closure
40CFR
Part 264,
Subpart
G
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
51 FR
164444
Hazardous
Waste
Management
and Disposal
The regulation establishes closure
and post-closure requirements for
hazardous waste facilities.
Closure requirements include
imposition of closure standards,
implementation of closure plan, and
time allowed for closure activities.
Sets guidelines for disposal or
decontamination of equipment,
structures, and soils. Upon
completion of closure of a hazardous
waste disposal unit, owners and
operators must submit a certification
of closure to the EPA regional
office.
Post-closure requirements apply for
30 years after closure and include
implementation of post-closure plan,
post-closure property use and care
guidelines, and notification and
security requirements if hazardous
waste remains on the facility after
post-closure period.
5/2/1986
10/29/1986
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
Financial
Requirements
40CFR
Part 264,
Subpart
H
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act TRCRAl)
47 FR
15047
Hazardous
Waste
Management
and Disposal
Establishes financial responsibility
standards for owners and operators
of hazardous waste management
facilities. Owners or operators must
generate detailed written estimates
of the cost of closure If the facility
has a disposal surface impoundment,
disposal miscellaneous unit, land
treatment unit, or landfill unit, or a
surface impoundment or waste pile,
owner or operator must prepare
contingent closure and post-closure
plan and cost estimate. Owners and
operator must adjust closure costs
for inflation and an annual basis and
also revise cost estimate to account
for modifications to the closure plan.
Owners and operators must establish
financial assurance for the closure
and post-closure of the facility
through either: 1) a closure trust
fund; 2) surety bond; 3) letter of
credit; 4) insurance; or 5) financial
test and corporate guarantee, or a
combination of the preceding
instruments.
4/7/1982
7/6/1982
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities: Use
and Management
of Containers
40CFR
Part 264,
Subpart I
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
46 FR
2866
Hazardous
Waste
Management
and Disposal
Establishes regulations for owners
and operators of hazardous waste
facilities that store hazardous waste
in containers. Requires that owners
or operators use container materials
that will not react with hazardous
wastes to be stored, that containers
must be kept closed, and that
containers must be handled and
stored in such a manner to avoid
rupture or leakage. Requires
containment systems for container
storage areas and provides
guidelines for containment system
design. Requires weekly inspections.
At closure, all hazardous wastes and
hazardous waste residues must be
removed from the containment
system and containers must be
decontaminated.
1/12/1981
7/13/1981
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities: Tank
Systems
40CFR
Part 264,
Subpart J
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
51 FR
25472
Hazardous
Waste
Management
and Disposal
For owners and operators of
facilities that use tank systems to
store or treat hazardous waste, this
regulation establishes guidelines for
determining integrity of tank
systems, operating requirements, and
data collection and inspection
requirements. Owners and operators
that design and install new tank
systems or components must obtain
and submit an assessment of the new
tank system certified by a
professional engineer. Requires
installation of secondary
containment systems for tank
systems and establishes minimum
design and operating standards for
secondary containment systems.
The regulation also requires the
removal of tank systems or
secondary containment systems from
which there has been a leak or spill
from use. Owners and operators
must then remove waste from the
tank and secondary containment
system, contain visible releases to
the environment, and notify EPA
regional office. Owners or operators
must then complete repairs of the
tank or containment system; systems
may not be returned to service until
the repairs have been certified by a
professional engineer.
The regulation also establishes
7/14/1986
1/12/1987
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closure and post-closure
requirements for facilities that use
tank and secondary containment
systems, including acquisition of
financial responsibility.
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57
Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
Surface
Impoundments
40CFR
Part 264,
Subpart
K
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
47 FR
32357
Hazardous
Waste
Management
and Disposal
Establishes design and operating
requirements for owners and
operators of hazardous waste
facilities that use surface
impoundments to treat, store, or
dispose of hazardous waste. Owners
and operators must install a leak
detection system; EPA regional
offices must approve leak detection
system and set the maximum design
flow rate the leak detection system
can remove without the fluid head
exceeding 1 foot. Owner and
operator must calculate average
daily flow rate to leak detection
system on a weekly basis.
Regulation also establishes
requirements for approved response
action plans, monitoring and
inspection programs, emergency
repair and contingency plans, and
closure and post-closure plans and
activities.
7/26/1982
1/26/1983
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities: Waste
Piles
40CFR
Part 264,
Subpart L
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
47 FR
32357
Hazardous
Waste
Management
and Disposal
Establishes design and operating
requirements for owners and
operators of hazardous waste
facilities that use waste piles to treat,
store, or dispose of hazardous waste.
Owners and operators must install a
leak detection system; EPA regional
offices must approve leak detection
system and set the maximum design
flow rate the leak detection system
can remove without the fluid head
exceeding 1 foot. Owner and
operator must calculate average
daily flow rate to leak detection
system on a weekly basis.
Regulation also establishes
requirements for approved response
action plans, monitoring and
inspection programs, emergency
repair and contingency plans, and
closure and post-closure plans and
activities.
7/26/1982
1/26/1983
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities: Land
Treatment
40CFR
Part 264,
Subpart
M
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act TRCRAl)
47 FR
32357
Hazardous
Waste
Management
and Disposal
Requires owners and operators of
hazardous waste facilities that treat
or dispose of hazardous waste in
land treatment units to establish land
treatment programs that meet the
specifications established by the
EPA regional office in the facility
permit in terms of hazardous
constituents to be degraded,
transformed, or immobilized within
the unit and the vertical and
horizontal dimensions of the
treatment zone. Requires owners and
operators to demonstrate that the
hazardous constituents in the waste
can be degraded, transformed, or
immobilized within the treatment
zone through field tests, laboratory
analyses, available data, or operating
data. Under this regulation, EPA
regional offices will specify design,
construction, operations, and
maintenance requirements within
facility permits.
The regulation also establishes soil
monitoring, recordkeeping, and
closure and post-closure care
requirements.
7/26/1982
1/26/1983
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
Landfills
40CFR
Part 264,
Subpart
N
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
47 FR
32357
Hazardous
Waste
Management
and Disposal
Establishes design and operating
requirements for owners and
operators of hazardous waste
facilities that use landfills to treat,
store, or dispose of hazardous waste.
Owners and operators must install a
leak detection system; EPA regional
offices must approve leak detection
system and set the maximum design
flow rate the leak detection system
can remove without the fluid head
exceeding 1 foot. Owner and
operator must calculate average
daily flow rate to leak detection
system on a weekly basis.
Regulation also establishes
requirements for approved response
action plans, monitoring and
inspection programs, surveying and
recordkeeping, emergency repair and
contingency plans, and closure and
post-closure plans and activities.
7/26/1982
1/26/1983
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
Incinerators
40CFR
Part 264,
Subpart
0
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act TRCRAl)
46 FR
7678
Hazardous
Waste
Management
and Disposal
Establishes regulatory requirements
for owners and operators of
hazardous waste incinerators.
Owners or operators of hazardous
waste must obtain permit for
operation, including submission of
waste analysis. Requirements
include incinerator design,
construction, and maintenance
standards, including standards for
burn rate, destruction removal
efficiency for certain wastes,
particulate matter emissions. Also
requires treatment of principal
organic hazardous constituents prior
to incineration. Establishes
monitoring and inspection
requirements for combustion
temperature, carbon monoxide, and
waste and exhaust emissions
sampling and analysis. Any
monitoring and inspection data must
be recorded, and records must be
placed in operating record and
maintained for five years.
At closure, owners and operators
must remove all hazardous waste
and hazardous waste residues from
the incinerator site.
1/23/1981
7/22/1981
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
Special
Provisions for
Cleanup
40CFR
Part 264,
Subpart S
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
67 FR
3024
Hazardous
Waste
Management
and Disposal
Regulations under this subpart relate
to hazardous wastes generated,
stored, managed, or treated as part of
cleanup actions. Establishes
Corrective Action Management Unit
regulations. These regulations apply
to wastes, media, and debris that are
managed for implementing cleanup.
Regulations prohibit deposition of
liquids in CAMUs. Establishes
treatment and design requirements
for CAMUs that will otherwise be
specified through permitting
program. Also establishes closure
and postclosure requirements for
CAMUs.
Tanks and container storage areas
that treat or store hazardous
remediation wastes during remedial
activities may be designated
Temporary Units (TUs), and must
operate under design, operating, and
closure standards specified by EPA
regional offices.
1/22/2002
4/22/2002
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Standards for
Owners and
Operators of
Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities:
Miscellaneous
Units
40CFR
Part 264,
Subpart
X
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act TRCRAl)
52 FR
46964
Hazardous
Waste
Management
and Disposal
Regulations implemented to
establish regulatory framework for
hazardous waste management
technologies not covered by existing
permitting standards, or
miscellaneous units. Establishes
environmental performance
standards; monitoring, analysis,
inspection, response, reporting, and
corrective requirements; and post-
closure care requirements under
permits for owners and operators of
hazardous waste facilities that treat,
store, or dispose of hazardous waste
in miscellaneous units.
12/10/1987
1/11/1988
64
Hazardous and
Solid Waste
Amendments for
Corrective
Action
40CFR
Part
264.100-
101
42 U.S.C. 6905,
6912, 6924,
6925 (Resource
Conservation
and Recovery
Act TRCRA1)
47 FR
32350,
July 26,
1985, as
amended
at 50 FR
4514,
Jan. 31,
1985;52
FR
45798,
Dec. 1,
1987; 71
FR
16904,
Apr. 4,
2006
Hazardous
Waste
Management
and Disposal
This rule outlines the responsibilities
for an owner or operator in
establishing a corrective action
program. This rule amends 40 CFR
264 by adding subparts on: ground-
water protection, surface
impoundments, waste piles, land
treatment, and landfills.
7/26/1985
7/26/1985
The Hazardous and
Solid Waste
Amendments
(HWSA) to RCRA
were signed into law
on 11/8/1984.
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Standards for the
Management of
Specific
Hazardous
Wastes and
Specific Types
of Hazardous
Waste
Management
Facilities
40CFR
Part 266
42 U.S.C.
1006 (Public
Health and
Welfare)
50 FR
666
Hazardous
Waste
Management
and Disposal
This rule sets standards for
generators, transporters, storers, and
users of suite of specific hazardous
materials. Regulations set standards
for the disposal of the materials and
the burning of hazardous waste for
energy. The rule applies to batteries
and disposal of recyclable materials.
1/4/1985
1/4/1985
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Land Disposal
Restrictions
40CFR
Part 268
42 U.S.C. 6905,
6912(a), 6921,
and 6924
(Resource
Conservation
and Recovery
Act [RCRA])
51 FR
40638
Hazardous
Waste
Management
and Disposal
This part establishes land disposal
standards, restrictions, and
prohibitions for hazardous wastes. It
identifies hazardous wastes that are
restricted from land disposal and
defines limited circumstances under
which prohibited wastes may
continue to be land disposed
pursuant to subpart C of RCRA
section 3004.
The regulation prohibits dilution of
prohibited waste as a substitute for
treatment and proper disposal. It
allows for disposal of prohibited
wastes following treatment in
appropriate surface impoundments,
under certain testing, removal,
recordkeeping, and design
requirements. It establishes
timeframes for compliance for newly
listed hazardous wastes that are
disposed in surface impoundments.
It also establishes testing, tracking,
and recordkeeping requirements for
generators, treaters, and disposal
facilities. Includes special rules
regarding wastes that exhibit any of
the following characteristics:
ignitability, corrosivity, reactivity, or
toxicity.
Certain individual subparts are
discussed at greater length, below.
11/7/1986
11/8/1986
The Hazardous and
Solid Waste
Amendments
(HWSA) to RCRA
were signed into law
on 11/8/1984. The
HWSA amended
RCRA and set
deadline for EPA to
issue final RCRA
permits; land disposal
units that did not
receive permit by
11/8/1988 must close
if not retrofitted with
double liners and
leachate collection
systems.
EPA later
promulgated specific
land disposal
restrictions for RCRA
hazardous wastes.
Effective dates for
restrictions on organic
and inorganic
manufacturing wastes,
pesticide
manufacturing wastes,
and petroleum
refining wastes were
set between 1988-
1990 (see 55 FR
22520) and 1993-
1994.
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Land Disposal
Restrictions:
Prohibitions on
Land Disposal
40CFR
Part 268,
Subpart C
42 U.S.C. 6905,
6912(a), 6921,
and 6924
(Resource
Conservation
and Recovery
Act [RCRA])
51 FR
40642
Hazardous
Waste
Management
and Disposal
Establishes waste-specific
prohibitions for land disposal for the
following wastes: dyes and pigment
production wastes, wood preserving
wastes, dioxin-containing wastes,
soils with toxicity characteristics of
metals and PCBs, chlorinated
aliphatic wastes, toxicity
characteristic metal wastes,
petroleum refining wastes, inorganic
chemical wastes, ignitable and
corrosive wastes, coke by-products,
spent aluminum potliners, reactive
wastes, and carbamate wastes.
11/7/1986
11/8/1986
Prohibition initially
imposed on spent
solvents.
Waste prohibitions
promulgated on an
iterative basis through
amendments
following initial
implementation from
1998-2005.
Petroleum refining
waste prohibitions
published 8/6/1998
and effective 2/8/1999
(see 63 FR 42186).
68
Land Disposal
Restrictions:
Treatment
Standards
40CFR
Part 268,
Subpart
D
42 U.S.C. 6905,
6912(a), 6921,
and 6924
(Resource
Conservation
and Recovery
Act [RCRA])
51 FR
40642
Hazardous
Waste
Management
and Disposal
Establishes treatment standards that
prohibited wastes must meet in order
to be land disposed. Standards
expressed as concentrations of waste
extract, required technologies used,
and waste concentrations.
Establishes treatment standards for
hazardous debris prior to land
disposal. Also establishes universal
treatment standards based on the
concentration of hazardous
constituents, along with wastewater
treatment standard levels.
Alternative land disposal restriction
standards for contaminated soil
treatment standards also set.
11/7/1986
11/8/1986
Technology based
standards initially
promulgated on
11/7/1986; waste
concentration and
waste extract
concentration
standards promulgated
9/19/1994 (see 59 FR
48103).
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Land Disposal
Restrictions:
Prohibitions on
Storage
40CFR
Part 268,
Subpart E
42 U.S.C. 6905,
6912(a), 6921,
and 6924
(Resource
Conservation
and Recovery
Act TRCRAl)
51 FR
40642
Hazardous
Waste
Management
and Disposal
Requires that prohibited wastes must
be stored in tanks, containers, or
containment buildings at disposal
facilities, and stipulates that wastes
may only be stored to facilitate their
proper recovery, treatment, and
disposal. Prohibits storage of
prohibited wastes for more than one
year, unless storage is necessary to
accumulate sufficient waste to
facility proper recovery, treatment,
or disposal. Liquid hazardous wastes
containing PCBs at concentrations of
50 ppm must be stored in proper
facilities and treated or disposed in
proper manner within one year of
storage.
11/7/1986
11/8/1986
Appendices include
schedule of effective
dates for land disposal
restrictions surface
disposed and injected
prohibited hazardous
wastes on a waste by
waste basis.
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Hazardous
Waste Permit
Program
40CFR
Part 270
42 U.S.C. 6905,
6912, 6924,
6925, 6927,
6939, and 6974
(Resource
Conservation
and Recovery
Act [RCRA])
48 FR
14228
Hazardous
Waste
Management
and Disposal
Establishes provisions for the
Hazardous Waste Permit Program
under Subtitle C of the Solid Waste
Disposal Act (amended by RCRA).
Requires that generators and
transporters of hazardous waste and
owners and operators of hazardous
waste treatment, storage, and
disposal facilities file notifications
for those activities. Also requires
that owners and operators of
hazardous waste treatment, storage,
and disposal facilities obtain permits
to conduct those activities. Owners
and operators of hazardous waste
management units must have permits
during the active life of the unit,
including during closure.
The regulation covers basic EPA
permitting requirements, including
applications, standard permit
conditions, and monitoring and
reporting requirements.
RCRA permit applications have two
parts: Part A (a standardized form)
and Part B (a narrative document).
Existing hazardous waste
management facilities must submit
Part A in a timely fashion following
promulgation of this rule; they then
have six months to submit part B.
Owners and operators of new
hazardous waste management
facilities must submit Parts and B at
5/19/1980
11/19/1980
The Hazardous and
Solid Waste
Amendments
(HWSA) to RCRA
were signed into law
on 11/8/1984. The
HWSA amended
RCRA and required
all landfills and
surface impoundments
to have groundwater
monitoring and
financial assurance in
place by 11/8/1985.
The HWSA also
added regulations for
treatment, storage, and
disposal facilities for
small quantity
generators (SQGs,
those that generated
between 100-1,000
kg/mo. of hazardous
wastes), which were
previously exempt.
The SQG regulations
took effect 9/22/1986.
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least 180 days before the
commencement of physical
construction.
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71
Hazardous
Waste Special
Forms of Permits
40CFR
Part 270,
Subpart F
42 U.S.C. 6905,
6912, 6924,
6925, 6927,
6939, and 6974
(Resource
Conservation
and Recovery
Act TRCRAl)
48 FR
14228
Hazardous
Waste
Management
and Disposal
Permits by rule regulations establish
conditions that owners or operators
of ocean disposal barges,
underground injection wells, and
publicly owned treatment works
must meet to be deemed to have a
RCRA permit. The Subpart also
establishes an interim permit
program for underground injection
wells to emanate from EPA within
states that do not have underground
injection control permitting
programs. The subpart was later
amended to include regulations for
RCRA standardized permits for
storage and treatment units on
9/8/2005.
4/1/1983
4/1/1983
Amended multiple
times since
promulgation
(7/15/1985,
12/1/1987, etc.), as
well as on 9/8/2005 to
establish RCRA
standardized permit
for storage and
treatment unit
permitting rules.
72
Remedial Action
Plans (RAPs)
40CFR
Part 270,
Subpart
H
42 U.S.C. 6905,
6912, 6924,
6925, 6927,
6939, and 6974
(Resource
Conservation
and Recovery
Act [RCRA])
63 FR
65941
Hazardous
Waste
Management
and Disposal
Remedial Action Plan regulations
establish a permitting system that
owners or operators may obtain,
instead of a regular Part 270 RCRA
permit, to treat, store, or dispose of
hazardous remediation waste at a
remediation waste management site.
11/30/1998
6/1/1999
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Standards for
Universal Waste
Management
40CFR
Part 273
42 U.S.C. 6922,
6932, 6924,
6925, 6930, and
6937 (Resource
Conservation
and Recovery
Act [RCRA])
60 FR
25542
Hazardous
Waste
Management
and Disposal
Establishes requirements for
managing disposal of "universal
wastes." Universal wastes comprise
batteries, pesticides, mercury-
containing equipment, and lamps,
and these universal wastes may be or
may include substances that are
hazardous wastes. Standards vary by
category: small quantity handlers of
universal waste, large quantity
handlers of universal waste, waste
transporters, and destination
facilities. Standards for all categories
include notification (including
receipt of EPA ID number), waste
management, labeling/marking,
accumulation time, employee
training, release response guidelines
and requirements, and shipment
tracking.
5/11/1995
5/11/1995
Amended on 7/6/1999
(64 FR 36489) and
8/5/2005 (70 FR
45522).
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74
Standards for the
Management of
Used Oil
40CFR
Part 279
42 U.S.C. 6905,
6912(a), 6921
through 6927,
6930, 6934, and
6974 (Resource
Conservation
and Recovery
Act [RCRA]);
and sections
101(37) and
114(c) of
CERCLA; 42
U.S.C.
9601(37) and
9614(c)) (Solid
Waste Disposal
Act)
57 FR
41612
Hazardous
Waste
Management
and Disposal
The rule establishes standards for
disposal of used oil, applicable to
used oil alone and oil mixed with
other materials. Oil from vessels,
vehicles, households and more fall
under this regulation. It covers
storage conditions, labeling, and leak
standards, and burning standards for
generators and heaters. Includes
standards for transportation and
transfer facilities as well as
processors and re-refiners. Used oil
fuel marketers and used oil for dust
suppressant also falls under this
regulation. The rule also covers oil
spill clean-up and used oil releases.
Petroleum refiners were exempt
from the requirements of Part 279 so
long as the mixtures of used oil and
other petroleum liquids stored or
transported at refining facilities
contained less than 1% used oil, or
the used oil was introduced after
crude distillation or catalytic
cracking, or the used oil was
incidentally captured in a wastewater
treatment system and inserted into
the facility.
9/10/1992
9/10/1992
Used oil does not fall
under the CERCLA
petroleum exclusion
and is therefore a
CERCLA hazardous
substance.
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Technical
Standards and
Corrective
Action
Requirements
for Owners and
Operators of
Underground
Storage Tanks
40CFR
Part 280
42 U.S.C. 6912,
6991, 6991(a),
6991(b),
6991(c),
6991(d),
6991(e),
6991(f),
6991(g),
6991(h), 699 l(i)
(Resource
Conservation
and Recovery
Act TRCRAl)
53 FR
37082;
53 FR
43322
Hazardous
Waste
Management
and Disposal
This rule establishes technical
standards and requirements related
to underground storage tanks (UST).
The rule outlines: scope, installation
requirements for partially excluded
UST systems; design, construction,
installation, and notification of UST
systems; operating requirements;
release detection; release reporting,
investigation, confirmation; release
response and corrective action for
UST systems containing petroleum
or hazardous substances; out of
service UST systems/closures;
financial responsibility; lender
liability; operator training; and UST
systems and field constructed tanks
and airport hydrant fuel distribution
systems.
9/23/1988
10/26/1989
Revised in 2015 (see
80 FR 41565).
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76
Approval of
State
Underground
Storage Tank
Programs
40CFR
Part 281
42 U.S.C. 6912,
6991(c),
6991(d),
6991(e),
699 l(i), 699 l(k)
(Resource
Conservation
and Recovery
Act [RCRA])
53 FR
37082;
53 FR
43322
Hazardous
Waste
Management
and Disposal
This rule covers requirements for
approval of underground storage
tank programs. Requirements for
approval include: release detection
and reporting, lender liability, and
financial responsibility for UST
systems containing petroleum. The
Administrator may approve either
partial or complete state programs. A
' 'partial'' state program regulates
either solely UST systems
containing petroleum or solely UST
systems containing hazardous
substances. If a "partial" state
program is approved, EPA will
administer the remaining part of the
program. A "complete" state
program regulates both petroleum
and hazardous substance tanks. For
approval, programs must be
adequately enforced, and approval
can be withdrawn.
9/23/1988
10/26/1989
Revised in 2015 (see
80 FR 41565).
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Approved
Underground
Storage Tank
Programs
40CFR
Part 282
42 U.S.C. 6912,
6991c, 6991d,
and 699 le
(Resource
Conservation
and Recovery
Act [RCRA])
58 FR
58625
Hazardous
Waste
Management
and Disposal
The rule approved the state of New
Hampshire to administer and enforce
an
underground storage tank program in
lieu of the federal program under
subtitle I of the Resource
Conservation
and Recovery Act of 1976 (RCRA),
as
amended, 42 U.S.C. 6991 et seq.
The
State's program, as administered by
the
New Hampshire Department of
Environmental Services, was
approved
by EPA pursuant to 42 U.S.C. 6991c
and part 281 of this Chapter. EPA's
approval was effective on July
19,1991.
11/2/1993
11/2/1993
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Hazardous
Waste
Regulations
40CFR
Parts
260-272
42 U.S.C. 6905
et seq.
(Resource
Conservation
and Recovery
Act TRCRAl)
45 FR
33073
Hazardous
Waste
Management
and Disposal
EPA promulgated a suite of
regulations under the authority of the
Resource Conservation and
Recovery Act (RCRA), subtitle C to
protect human health and the
environment from the improper
management of hazardous waste.
These regulations establish EPA's
"cradle to grave" hazardous waste
management system. Individual
parts lay out the standards, reporting
requirements, and permitting
programs for hazardous waste
generation, storage, and disposal.
5/19/1980
11/19/1980
Regulations issued
under the authority of
RCRA, which was
enacted in 1976 and
amended the Solid
Waste Disposal Act of
1965. Major
amendments to RCRA
included the Solid
Waste Disposal
Amendments, enacted
10/12/1980 and
including the Bevill
Amendment, and the
Hazardous and Solid
Waste Amendments,
enacted 11/8/1984.
79
Permits for
Structures or
Work in
Affecting
Navigable
Waters of the
United States
33 CFR
Part 322
33 U.S.C. 403.
(Clean Water
Act)
51 FR
41228
Water
Pollution
Rule affects certain structures or
work in or affecting navigable
waters in the US. Operators of such
structures or works must obtain
permits.
11/13/1986
11/13/1986
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Final Rule
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Notes
80
National
Pollutant
Discharge
Elimination
System
(NPDES)
40CFR
Part 122-
125
33 U.S.C.
125 let seq.
sections 318,
402, and 405(a)
(Clean Water
Act)
48 FR
14153
Water
Pollution
Part 122 covers permits required to
discharge pollutants into US waters.
EPA issues two types of NPDES
permits, individual and general. An
individual permit is a permit tailored
for regulations 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 associated with the
chemical industry, EPA has elected
to issue individual permits to this
industry with the exception that
general permits for storm water
discharges may be issued. Point
sources requiring permits include
animal and aquatic animal feeding
and production facilities, sewers, and
more. Standards, duration limits, and
permit conditions are all included in
the rule.
Part 123 covers EPA procedures in
approving, revising, and
withdrawing state programs and
state program requirements under
sections 318, 402, and 405 of CWA.
Programs that conform to
regulations may be approved,
approval leads to a suspension of
federal permits to the state program.
Requirements include control of
disposal of pollutants into wells.
1972
1972
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Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
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Effective
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Notes
81
Water Quality
Standards
40CFR
Part 131
33 U.S.C. 1251
et seq. (Clean
Water Act)
48 FR
51405
Water
Pollution
Sets requirements and procedures for
developing, reviewing, revising, and
approving state water quality
standards. Under the Clean Water
Act, standards should protect public
health or welfare, enhance the
quality of the water, provide water
quality for the protection and
propagation of fish, shellfish, and
wildlife, and for recreation in and on
the water, taking into consideration
the water's use. Standards must be
sufficient to protect body of water's
designated uses.
11/8/1983
11/8/1983
82
Water Quality
Guidance for the
Great Lakes
System
40CFR
Part 132
33 U.S.C. 1251
et seq. (Clean
Water Act, as
amended by the
Great Lakes
Critical
Programs Act)
60 FR
15387
Water
Pollution
Establishes water quality standards
in the Great Lakes and its
watersheds for 29 toxic pollutants at
levels safe for humans, wildlife, and
aquatic life.
3/23/1995
4/24/1995
Implemented parts of
the 1978 Great Lakes
Water Quality
Agreement between
the U.S. and Canada.
83
Underground
Injection Control
Program
40CFR
Part 144-
148
42 U.S.C. 300f
et seq (Safe
Drinking Water
Act); 42 U.S.C.
6901 et seq
(Resource
Conservation
and Recovery
Act)
48 FR
14189
Water
Pollution
The rule ensures that materials or
quantities of materials injected into
the ground do not endanger drinking
water sources (for public and Indian
reservation lands) and allows for
enforcement and punishment of the
regulations. Drinking water sources
include wells and other underground
sources. Wells are divided into 5
classes and defined, some deal with
hazardous waste, oil or natural gas,
minerals, radioactive waste, and
more. Some materials require
permits to inject underground.
4/1/1983
4/1/1983
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Regulation
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Authority
Source(s)
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Final Rule
Published
Effective
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Notes
84
Effluent
Limitation
Guidelines
40CFR
Part 400-
471
33 U.S.C.
125 let seq.
(Clean Water
Act)
39 FR
4532
Water
Pollution
Regulations promulgated or
proposed under Parts 402 through
699 of this subchapter prescribe
effluent limitations guidelines for
existing sources, standards of
performance for new sources and
pretreatment standards for new and
existing sources. Point sources of
discharges of pollutants are required
to comply with these regulations,
where applicable, and permits issued
by States or the Environmental
Protection Agency (EPA) under the
National Pollutant Discharge
Elimination System (NPDES).
Individual parts address specific
industry or process sources: Part 414
deals with organic chemical
manufacturing, 415 deals with
inorganic chemical manufacturing,
419 covers petroleum refining, 423
deals with electric power generation,
455 deals with pesticide
manufacturing.
2/4/1974
2/4/1974
Industry/process
specific amendments
and revisions.
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Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
85
General
Pretreatment
Regulations for
Existing and
New Sources of
Pollution
40CFR
Part 403
33 U.S.C.
125 let seq.
(Clean Water
Act)
46 FR
9439
Water
Pollution
The rule establishes responsibilities
of Federal, State, and local
government, industry and the public
to implement National Pretreatment
Standards to control pollutants
which pass through or interfere with
treatment processes in Publicly
Owned Treatment Works (POTWs)
or which may contaminate sewage
sludge. This regulation applies: (1)
to pollutants from non-domestic
sources covered by Pretreatment
Standards which are indirectly
discharged into or transported by
truck or rail or otherwise introduced
into POTWs as defined below in §
403.3; (2) to POTWs which receive
wastewater from sources subject to
National Pretreatment Standards; (3)
to States which have or are applying
for National Pollutant Discharge
Elimination System (NPDES)
programs approved in accordance
with section 402 of the Act; and (4)
to any new or existing source subject
to Pretreatment Standards. National
Pretreatment Standards do not apply
to sources which discharge to a
sewer which is not connected to a
POTW Treatment Plant. The goal of
the rule is to prevent introductions of
pollutants in Publicly Owned
Treatment Works (POTWs)
interfering with operations of
disposal of sludge and to improve
5/9/1974
5/9/1974
Multiple amendments
and revisions on
source by source
basis.
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Notes
opportunity to recycle and reclaim
industrial wastewaters and sludge.
143
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Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
86
Steam Electric
Power
Generating
Effluent
Guidelines
40CFR
Part 423
33US.C. 1311,
1314, 1316,
1317, and 1361
(Clean Water
Act)
39 FR
36186
Water
Pollution
Establishes effluent limitations
guidelines for steam electric power
generating facilities. Guidelines set
requirements for wastewater streams
from flue gas desulfurization, fly
ash, bottom ash, flue gas mercury
control, and gasification of fuels.
10/8/1974
10/8/1974
Guidelines updated
once in 1982, and
again with final rule
effective 1/4/2016 (80
FR 67837) that
establishes limits on
toxic metals and other
harmful pollutants are
allowed to discharge
to wastewater. EPA
administrator
announced
rulemaking on
8/11/2017 to
potentially revise best
available technology
effluent limitations
from 2015
rulemaking.
144
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Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities
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Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
87
State Sludge
Management
Program
Regulations
40CFR
Part 501
33 U.S.C.
125 let seq.
Sections 101(e),
405(f). 501(a),
and 518(e)
(Clean Water
Act)
54 FR
18786
Water
Pollution
The rule specifies EPA procedures
in approving, revising and
withdrawing state (as eligible under
518(e)) sludge managements
programs. Requirements include
authority (following 101(e)
requirements) to require compliance,
issue permits (405f), make
provisions, take public health
actions, remedy violations, etc. The
rule covers sewage sludge and
covers disposal of sludge into
landfills, and water. State
submissions must include a letter
from the Governor, description of
intentions for processes,
memorandum agreements, state
statutes and regulations and more.
Program director must report semi-
annually and annually to the EPA.
5/2/1989
5/2/1989
88
Standards for the
Use or Disposal
of Sewage
Sludge
40CFR
Part 503
Sections 405 (d)
and (e)
(Clean water
Act)
58 FR
9387
Water
Pollution
The rule establishes standards for
requirements, pollutant limits,
management practices, operational
standards, and disposal of sewage
sludge. Standards apply to land,
fired in incinerators, or disposal
sites. Applies to any person who
prepares of disposes of sewage
sludge in any way and covers gas
from incinerators. Standards must be
in accordance with EOA rules, Solid
Waste Disposal Act, Safe Drinking
Water Act, Marine Protection,
Research, and Sanctuaries Act or
Clean Air Act.
2/19/1993
2/19/1994
Effective date of
2/19/1995 if
compliance requires
construction of new
facilities.
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Effective
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Notes
89
Marine
Protection,
Research, and
Sanctuaries Act
40CFR
Parts
220-238
16 USC §
1431 et seq. and
33 USC §1401
et seq. (Ocean
Dumping Act)
42 FR
2462
Water
Pollution
Prohibits (1) transportation of
material from the United States for
the purpose of ocean dumping; (2)
transportation of material from
anywhere for the purpose of ocean
dumping by U.S. agencies or U.S.-
flagged vessels; (3) dumping of
material transported from outside the
United States into the U.S. territorial
sea. A permit is required to deviate
from these prohibitions.
1/11/1977
1/11/1977
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B. Federal Environmental Regulations Relevant to Nuclear Power Generation Facilities
In its review of damage cases relevant to the electric power generation, transmission, and
distribution industry, EPA located one NPL site associated with a nuclear power generation
facility. Given the vastly different nature of this subsector and the significance of the radiological
risks that it poses, EPA concluded that nuclear power generation facilities did not warrant the
same level of specific environmental regulatory review as other subsectors of the electric power
generation, transmission, and distribution industry. Nonetheless, EPA included this section to
briefly summarize the environmental regulations specifically relevant to nuclear power
generation facilities.
Congress first enacted legislation to implement nuclear regulation through the Atomic Energy
Act of 1946. This law created the Atomic Energy Commission (AEC), which was the
predecessor to the NRC. Initially, the AEC's activities focused on the regulation of the
development and extraction of radioactive materials for national defense. Congress later
amended the scope of AEC's authority with the Atomic Energy Act of 1954, which made the
development of commercial nuclear power possible. Under the authority of the 1954 bill, the
AEC implemented regulatory programs that both encouraged the installation of nuclear power
facilities and regulated the safety of those activities. During the 1960s, critics of the AEC
charged that its regulations did not sufficiently protect public health and safety, due to
inadequate radiation protection, reactor safety, plant siting, and environmental protection
standards. Congress subsequently abolished the AEC through the 1974 Energy Reorganization
Act, which created its replacement: the NRC. The NRC began operations in 1975.264
The NRC's regulatory activities focus on reactor safety and oversight, license programs for
existing plants, materials safety and oversight, and management of high-level and low-level
waste.265 NRC regulations include safety standards to protect against radiation exposure that
comprise radiation protection programs, occupational dose limits, dose limits for members of the
public, survey and monitoring requirements, precautionary procedure requirements, and waste
disposal requirements.266 The NRC oversees extensive licensing programs for source materials,
264 "History," NRC, accessed April 18, 2019 at: https://www.nrc.gov/about-nrc/historv.html.
265 For a complete list of NRC regulations under 10 CFR, see "NRC Regulations, Title 10, Code of Federal
Regulations," NRC, accessed April 18, 2019 at: https://www.nrc.gov/reading-rm/doc-collections/cfr/.
266 "NRC Regulations (10 CFR), Part 20 - Standards for Protection Against Radiation," NRC, accessed April 18,
2019 at: https://www.nrc.gov/reading-rm/doc-collections/cfr/part020/.
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production and utilization facilities, and power plants.267 The NRC also implements regulations
for reactor site criteria, including evaluation factors for power generation facility reactors.268
Specific environmental regulations include those in 10 CFR Part 51, which establishes
environmental protection regulations relevant for NRC's licensing and other regulatory
functions. Effectively, this part implements sections of the National Environmental Policy Act. It
describes the criteria for actions and construction requiring environmental impact statements
and/or environmental assessments for nuclear power facilities and imposes general requirements
for environmental reporting. Environmental reports for production and utilization facilities must
include information on relevant permitting, licensing, and certification at the site, uranium fuel
cycle environmental data, the environmental effects of the transportation of fuel and waste, and
postconstruction status. In addition to environmental reporting, facilities must hold and
participate in public hearings on these issues. The part also sets requirements for the submission
of environmental information to the NRC as part of the reporting process.269
The regulatory framework for nuclear power facilities includes provisions for the independent
storage of spent nuclear fuel, high-level radioactive waste, and reactor-related greater than Class
C waste. The regulations effectively create a licensing program for the receipt, transfer, or
possession of reactor spent fuel and other radioactive materials that may be stored at an
independent fuel storage installation.270
NRC regulations in 10 CFR Part 140 impose financial protection requirements for nuclear power
generation facilities. Under these regulations, reactors must acquire and maintain financial
protection to satisfy any public liabilities resulting form of between $1 million and $450 million,
depending on the reactor size and reactor risk to population. Facilities may furnish financial
protection in the form of limited liability insurance and must provide proof of the existence of
financial protection to the NRC.271
In addition to regulations promulgated by NRC, EPA also regulates some low-activity
radioactive wastes that nuclear power generation facilities produce. Low-level radioactive waste
that contains components that RCRA defines as chemically hazardous are defined as mixed low-
267 See 10 CFR Parts 40, 50, and 54.
268 -NRC Regulations (10 CFR), Part 100 - Reactor Site Criteria," NRC, accessed April 18, 2019 at:
https://www.nrc. gov/reading-rm/doc-collections/cfr/part 100/.
269 "NRC Regulations (10 CFR), Part 51 - Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions," NRC, accessed April 18, 2019 at: httos ://www.nrc. gov/reading-rm/doc-
collections/cfr/part051/index.html.
270 "NRC Regulations (10 CFR), Part 72 - Licensing Requirements for the Independent Storage of Spent Nuclear
Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste," NRC, accessed April 18,
2019 at: https://www.nrc.gov/reading-rm/doc-collections/cfr/part072/.
271 "NRC Regulations (10 CFR), Part 140 - Financial Protection Requirements and Indemnity Agreements," NRC,
accessed April 18, 2019 at: https://www.nrc.gov/reading-rm/doc-collections/cfr/partl40/.
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level radioactive wastes. These wastes are regulated and managed by both the EPA under RCRA
and the NRC under the Atomic Energy Act.272 A 2003 EPA Advance Notice of Proposed
Rulemaking sought to collect public comment on additional alternatives for disposal of waste
containing low levels of radioactive materials. The Notice focused on whether RCRA Subtitle C
waste landfills offered appropriate protection for the disposal of such low-activity radioactive
wastes.273
272 "Low-Activity Radioactive Wastes," EPA, accessed April 18, 2019 at: https://www.epa.gov/radiation/low-
activitv-radioactive-wastes.
273 68 FR 65119.
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APPENDIX III. STATE ENVIRONMENTAL REGULATIONS
The following tables summarize state environmental regulations relevant to fossil fuel electric
power generation facilities in a sample of states representative of the geographic distribution of
fossil fuel power plants in the United States. The sample comprises the states that contain 50
percent of the fossil fuel electric power facilities in the country, and includes: Pennsylvania,
Michigan, Indiana, Illinois, Missouri, Texas, Kentucky, Iowa, Ohio, Wisconsin, Florida,
Minnesota, and North Carolina.
The tables that follow present lists and summaries of the state regulations relevant to fossil fuel
electric power generation facilities. In many cases, states adopt federal regulations or incorporate
the federal regulations by reference, but it would be impossible to accurately evaluate whether, in
practice, state programs are protective without reviewing individual permit decisions and permit
requirements.
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Table A. Florida: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities
Florida Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
1
Air Pollution
Control - General
Provisions
F.A.C. 62-204
Air Pollution
Florida air pollution regulations include
adoption of federal National Ambient Air
Quality Standards (40 CFR Part 50), New
Source Performance Standards (40 CFR Part
60), National Emissions Standards for
Hazardous Air Pollutants (40 CFR Part 63),
state operating permit programs (40 CFR
Part 70), Acid Rain Program regulations (40
CFR Part 72-78), Protection of Stratospheric
Ozone regulations (40 CFR Part 82), and
Control of Emissions from New and In-Use
Non-Road Compression Engine regulations
(40 CFR Part 89), among other federal air
pollution regulations.
7/21/2006
Last amended
9/25/2018.
2
Stationary
Sources - General
Requirements
F.A.C. 62-210
Air Pollution
Requires owners and operators of facilities
that emit or can reasonably be expected to
emit air pollutants to obtain authorization
from the Florida Department of the
Environmental Protection for authorization
of relevant operations through air general
and air construction permits. Includes some
facility- and facility feature-specific permit
requirements, requirements for public notice
and comment, and unit-specific secondary
emission limits for transient modes of
operation.
8/26/1981
Last amended 7/3/2018.
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Florida Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
3
Stationary
Sources -
Preconstruction
Review
F.A.C. 62-212
Air Pollution
Establishes preconstruction review
requirements for any new major stationary
source emission unit and facility
construction. Requirements differ by
whether the area where the source is located
has attained the National Ambient Air
Quality Standards - in which case a
Prevention of Significant Deterioration
permit would apply - or not - in which case a
Preconstruction Review of Nonattainment
Areas permit would apply. Also stipulates
conditions for Plantwide Applicability Limit
permits.
5/20/1997
Last amended
2/16/2012.
4
Operation Permits
for Major Sources
of Air Pollution
F.A.C. 62-213
Air Pollution
Creates a comprehensive operation permit
system for major sources of air pollution.
Permitting framework includes annual
emission fees, trading of emissions within a
single source to comply with federal
emissions caps established through the
permit, and provisions for permit review by
federal EPA and affected states.
11/28/1993
Last amended
12/31/2013.
5
Requirements for
Sources Subject
to the federal
Acid Rain
Program
F.A.C. 62-214
Air Pollution
Establishes additional permit requirements
for major source facilities subject to the
federal Acid Rain Program. Requires
facilities to submit acid rain compliance
plans and compliance options to the Florida
Department of Environmental Protection.
1/3/2001
Last amended
3/11/2010.
6
Asbestos Program
F.A.C. 62-257
Air Pollution
Establishes fee schedule for asbestos
removal projects.
2/9/1999
Last amended
10/12/2008.
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Florida Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
7
Stationary
Sources -
Emission
Standards
F.A.C. 62-296
Air Pollution
Establishes emission limiting standards and
compliance requirements for stationary
sources of air pollutant emissions. Includes
emission limits for specific categories of
facilities and emission units - including
fossil fuel steam generators, sulfuric acid
plants, and nitric acid plants. Also
establishes reasonably available control
technology requirements. Establishes
standards and testing methods for particulate
matter, as well as standards for visible air
emissions and prohibition of objectionable
odors.
Also implements federal Clean Air Interstate
rule.
11/23/1994
Last amended 2/8/2017.
8
Stationary
Sources -
Emissions
Monitoring
F.A.C. 62-297
Air Pollution
Establishes general emissions test
requirements and standards, including EPA
volatile organic compound capture
efficiency test procedures.
11/23/1994
Last amended
7/10/2014.
9
Short-Term
Emergency
Response
F.A.C. 62-107
Emergency
Planning and
Response
Allows the Department of Environmental
Protection to use monies from the Water
Quality Assurance Trust Fund in order to
pay for activities in responding to a short-
term emergency, including assessing
emergency, remediating emergency,
relieving emergency, and providing
temporary sources of drinking water.
2/16/1984
Last amended
2/16/1984.
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Florida Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
10
Hazardous
Substance
Release
Notification
F.A.C. 62-150
Emergency
Planning and
Response
Requires owners and operators of facilities
to notify the Florida Department of
Environmental Protection upon knowledge
of release of a hazardous substance in a
quantity equal to or exceeding the reportable
quantity.
11/27/1988
Last amended
11/27/1988.
11
Contaminant
Cleanup Target
Levels
F.A.C. 62-777
Emergency
Planning and
Response
Provides criteria that apply to site
rehabilitation at sites that are governed by
the terms of a brownfield site rehabilitation
agreement (62-785), to site rehabilitation
pursuant to the Florida hazardous waste
provisions (62-730), to program specific
contaminants for site rehabilitation pursuant
to petroleum contamination site cleanup
criteria (62-770), to program specific
contaminants for site rehabilitation pursuant
to drycleaning solvent cleanup criteria (62-
782), or at soil treatment facilities (62-713).
Sets contaminant target levels for
groundwater, surface water, and soil for
cleanup actions.
8/5/1999
Last amended
4/17/2005.
12
Contaminated
Site Cleanup
Criteria
F.A.C. 62-780
Emergency
Planning and
Response
Establishes cleanup criteria and procedure
for site rehabilitation conducted at sites
contaminated with pollutants, hazardous
substances, drycleaning solvents, and
petroleum and petroleum products.
2/16/2012
Last amended 2/2/2017.
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Florida Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
13
Brownfields
Cleanup Criteria
F.A.C. 62-785
Emergency
Planning and
Response
Establishes cleanup criteria for brownfield
site rehabilitation, i.e., any site rehabilitation
that is governed by the terms of a
Brownfield Site Rehabilitation Agreement.
Cleanup criteria established to protect
human health, public safety, and
environment. Provides for a phased, risk-
based corrective action process to determine
criteria that tailors the rehabilitation tasks to
the site-specific circumstances and risks and
considers the proposed redevelopment
project. Includes provision for site and risk
assessments, transport and statistical model
requirements, quality assurance
requirements, provisions for interim source
removal, provisions for active and post-
active remediation, and monitoring, and
certification guidelines.
4/17/2005
Last amended
6/12/2013.
14
Electrical Power
Plant Siting
F.A.C. 62-17
Hazardous
Substances
Management
Establishes location siting rules, public
notification requirements, certification
system, and post-certification monitoring
and reporting requirements for electrical
power plants in the state of Florida.
2/1/1999
Last amended
9/27/2017.
15
Underground
Storage Tank
Systems
F.A.C. 62-761
Hazardous
Waste
Disposal and
Management
Provides requirements for underground
storage tank systems that store regulated
substances in order to minimize the
occurrence and environmental risk of
releases and discharges. Includes provisions
for compliance inspections.
6/21/2004
Last amended
1/11/2017.
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Florida Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
16
Aboveground
Storage Tank
Systems
F.A.C. 62-762
Hazardous
Substances
Management
Provides requirements for aboveground
storage tank systems that store regulated
substances in order to minimize the
occurrence and environmental risk of
releases and discharges. Includes provisions
for compliance inspections.
6/21/2004
Last amended
1/11/2017.
17
Underground
Injection Control
F.A.C. 62-528
Hazardous
Waste
Management
and Disposal
Establishes permitting system for
underground injection wells, including well
classifications, public notification
requirements and monitoring requirements.
6/24/1997
Last amended 2/8/2017.
18
Solid Waste
Management
Facilities
F.A.C. 62-701
Hazardous
Waste
Management
and Disposal
Establishes standards for the construction,
operation, and closure of solid waste
management facilities to limit their threat to
public health and the environment.
Standards include permit fees for solid waste
management facilities, requirements and
criteria for landfill construction and
operation, hydrogeological and geotechnical
investigation requirements, water quality
monitoring requirements, and closure and
long-term care requirements and procedures.
Also creates financial assurance
requirements for solid waste management
facilities that stipulate the generation of a
closure and corrective action cost estimate;
financial assurance requirements can be met
through deposition of funds in landfill
management escrow account.
1/6/1993
Last amended
3/13/2016.
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Florida Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
19
Used Oil
Management
F.A.C. 62-710
Hazardous
Waste
Management
and Disposal
Establishes a comprehensive program for the
proper management and recycling of used
oil. Requires used oil generators to dispose
of used oil with permitted used oil
processor, creates permitting programs for
used oil processing facilities, establishes
recordkeeping and reporting requirements,
and sets guidelines for the management of
used oil filters.
6/9/2005
Last amended
6/18/2018.
20
Hazardous Waste
F.A.C. 62-730
Hazardous
Waste
Management
and Disposal
Identifies materials considered to be
hazardous waste. Establishes standards
applicable to generators of hazardous waste,
transporters of hazardous waste, and
hazardous waste treatment, storage, and
disposal facilities. Creates permitting
systems for operation, construction, and
closure of hazardous waste facilities.
Establishes operational and financial
assurance requirements for hazardous waste
remedial activities. Sets land disposal
restrictions. Establishes standards for
universal waste management.
1/29/2006
Last amended
6/18/2018.
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Surface Water
Quality Standards
F.A.C. 62-302
Water
Pollution
Establishes water quality standards for the
state of Florida. Creates classification
system for surface waters. Standards set for
minimum criteria for waters within the state,
which prohibit discharges which create
nuisance deposition, float as debris, produce
water conditions such as to form a nuisance,
or pose a serious danger to the public health,
safety, and welfare. Minimum criteria also
include standards for silver and benzene
hexachloride. General criteria establish
effluent limits for suite of water pollutants.
3/1/1979
Last amended
3/28/2017.
22
Total Maximum
Daily Loads
F.A.C. 62-304
Water
Pollution
Establishes total maximum daily loads and
allocations for all waters that have been
verified to be impaired by a pollutant. Total
maximum daily load assigned to each body
of water individually.
12/22/2004
Last amended
8/19/2018.
23
Water Quality
Credit Trading
F.A.C. 62-306
Water
Pollution
Creates a water quality trading program
through which water quality credits are
generated and may be traded among
pollutant sources to reduce or eliminate
nutrient or nutrient-related impairments.
9/6/2010
Last amended
1/11/2016.
24
Best Management
Practices Water
Quality
Monitoring
F.A.C. 62-307
Water
Pollution
Requires nonpoint source dischargers
located within Basin Management Action
Plan areas to either submit a notice of intent
to implement appropriate best management
practices or conduct water quality
monitoring to meet water quality criteria for
the Basin Management Action Plan area.
7/1/2018
Last amended 7/1/2018.
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Environmental
Resource
Permitting
F.A.C. 62-330
Water
Pollution
The Environmental Resource Permit
program establishes permitting procedures
for the construction, alteration, operation,
maintenance, repair, abandonment, and
removal of stormwater management
systems, dams, impoundments, reservoirs,
appurtenant works, and works.
10/1/2013
Last amended 6/1/2018.
26
Mitigation Banks
F.A.C. 62-342
Water
Pollution
Creates a "mitigation bank" program in
which adverse water quality impacts can be
offset through the use of mitigation credits
from a permitted mitigation bank. Provides
criteria for the mitigation bank system.
2/2/1994
Last amended
2/19/2015.
27
Water Resource
Implementation
Rule
F.A.C. 62-40
Water
Pollution
Establishes programs for management,
conservation, and protection of waters of the
state of Florida, pursuant to the Florida
Water Resources Act. Programs include
water level and water supply management,
water quality standards (implemented
through total maximum daily loads),
stormwater management, water reuse and
recycling, floodplain protection, and
regional water supply plans.
7/20/1995
Last amended 5/3/2014.
28
Ground Water
Classes,
Standards, and
Exemptions
F.A.C. 62-520
Water
Pollution
Establishes groundwater classification
system and water quality standards, as well
as monitoring requirements and correct
action procedures when facilities discharge
to groundwater in a manner that is an
imminent hazard to public health or when a
groundwater plume has extended beyond the
zone of discharge.
1/1/1983
Last amended
7/12/2009.
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Ground Water
Permitting and
Monitoring
Requirements
F.A.C. 62-522
Water
Pollution
Establishes provisions for ground water
discharge permitting and monitoring
programs. Prohibits discharge of
contaminants into ground water that violate
state water quality standards and criteria for
groundwater as established in F.A.C. 62-
520.
4/14/1994
Repealed 7/12/2009.
30
Domestic
Wastewater
Facilities
F.A.C. 62-600
Water
Pollution
Establishes design, operation, and
maintenance requirements for wastewater
facilities. Sets minimum treatment standards
based on required technologies (Technology
Based Effluent Limitations) and additional
treatment standards based on water quality
criteria (Water Quality Based Effluent
Limitations). Establishes requirements for
disinfection and pH criteria. Establishes
monitoring requirements for treatment
facility and groundwater. Establishes
discharge guidelines to surface waters,
coastal and open ocean waters, and through
injection wells.
11/27/1989
Last amended 2/8/2016.
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Collection
Systems and
Transmission
Facilities
F.A.C. 62-601
Water
Pollution
Establishes prohibitions for discharges waste
discharges to water from collection and
transmission facilities, including discharge
of acceptance by operator of a treatment
facility wastewater discharges that have not
been treated and that may contain pollutants:
that may cause fire or explosion hazards,
that may cause excessive corrosion or
deterioration of wastewater facilities, that
are solid or viscous such that they obstruct
water flow, that result in excessive
wastewater temperatures, or that result in the
presence of toxic gases, vapors, or fumes
causing worker health and safety problems.
Provides technical guidance, design and
performance considerations, operation and
maintenance guidelines, and procedure to
obtain transmission/collection facility
permits.
11/6/2003
Last amended
11/6/2003.
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Wastewater
Facility and
Activities
Permitting
F.A.C. 62-620
Water
Pollution
Sets forth the procedures to obtain a permit
to construct, modify, or operate a
wastewater facility or activity which
discharges wastes into waters of the State or
which will reasonably be expected to be a
source of water pollution. It also includes
requirements and procedures for establishing
permit limitations and conditions, issuance
or denial of a permit, extension, renewal or
revision of a permit, suspension or
revocation of a permit, and transfer of a
permit to a new owner. It contains
requirements for monitoring and reporting
after the permit is issued, and lists the forms
needed to apply for a permit and to report
the results of testing and monitoring
required by this chapter.
11/29/1994
Last amended 4/6/2018.
33
General Permits
F.A.C. 62-621
Water
Pollution
Establishes the procedures for operators to
obtain National Pollutant Discharge
Elimination System (NPDES) permits and
non-NPDES, state generic permits. Also
establishes the conditions under which
permittees must operate. For some general
permits, permittee must prepare best
management practices plan. Some general
permits also require toxicity testing.
8/22/1995
Last amended
11/16/2017.
162
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Pretreatment
Requirements for
Existing and
Other Sources of
Pollution
F.A.C. 62-625
Water
Pollution
Establishes pretreatment standards for
discharge of pollutants from nondomestic
sources into wastewater facilities. Standards
include prohibited discharges and
categorical standards. Categorical standards
derived from categories in federal NPDES
standards, including categories for pesticide
manufacturing facilities and chemical
manufacturing facilities that produce
benzene, polypropylene, polyvinyl chloride,
rubber precursors, chlorinated solvents,
toluene, rayon, nylon, and polyester. Allows
for granting of removal credits to public
utility wastewater facilities equal to
destination wastewater facility's removal
rate.
11/29/1994
Last amended
5/23/2018.
35
Water Quality
Based Effluent
Limitations
F.A.C. 62-650
Water
Pollution
Provides guidelines for setting water quality
based effluent limitations for application in
Florida water quality standards in order to
protect the beneficial uses of state water.
Creates two levels of water quality based
effluent limitations: Level I water quality
based effluent limits are based on data
applicable to water body of discharge; Level
II limits are determined through an analysis
of the available assimilative capacity of a
water body.
11/27/1989
Last amended
12/26/1996.
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Industrial
Wastewater
Facilities
F.A.C. 62-660
Water
Pollution
Establishes effluent limitations on plants that
discharge industrial wastes into the waters of
the state. Limitations are based on
technology and water quality consideration.
Technology limitations are based on the
availability of technology: best practical
control technology currently available,
which all dischargers were required to
apply; and best conventional pollutant
control technology, which all dischargers of
conventional pollutants were required to
apply. Water quality consideration
limitations are determined based on the
condition of the receiving water body and
the nature, volume, and frequency of the
proposed discharge.
11/27/1989
Last amended
3/22/2017.
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Organic Materials
Emissions
Standards and
Limitations
35 111. Adm Code
215
Air Pollution
This Part contains standards and limitations
for emissions of organic material from
stationary sources, seperated by region.
Covers storage and loading operations
(including liquid petroleum storage tanks),
cleaning and more.
8/24/1992
2
Major Stationary
Sources
Construction and
Modification
35 111. Adm.
Code 203
Air Pollution
This part goes over permitting for major
stationary sources in nonattainment areas,
requirements for these sources, and
operating or major modification. It also
includes offsets for emission increases.
7/22/1983
Last amended
3/10/1998.
3
New Source
Performance
Standards
35 111. Adm.
Code 230
Air Pollution
Repealed state code and adopts federal code.
11/26/1991
4
Hazardous Air
Pollutants
35 111. Adm.
Code 231
Air Pollution
Repealed state code and adopts federal code.
11/26/1991
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National primary
ambient air
quality standards
(primary
NAAQS)
35 111. Adm.
Code 243
Air Pollution
National primary ambient air quality
standards (primary NAAQS) define levels of
air quality that USEPA has judged are
necessary, with an adequate margin of
safety, to protect the public health. National
secondary ambient air quality standards
(secondary NAAQS) define levels of air
quality that USEPA has judged
necessary to protect the public welfare from
any known or anticipated adverse effects of
a pollutant. These standards are subject to
revision, and additional primary and
secondary NAAQS may be promulgated as
USEPA deems necessary to protect the
public health and welfare.
4/14/1972
Last amended
5/29/2018.
166
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Clean Air Act
Permit Program
Procedures
35 111. Adm.
Code 270
Air Pollution
This Part applies to the owner or operator of
any source required to have an operating
permit pursuant to Section 39.5 of the Act.
For a submittal to be deemed timely, an
owner or operator of an existing CAAPP
source shall submit to the Agency a
complete initial CAAPP application in
accordance with the schedule set forth in
Section 270.201 of this Part. An owner or
operator of an existing CAAPP source may
voluntarily submit its initial CAAPP
application prior to the date required in this
Part, provided that the CAAPP submittal to
the Agency is subsequent to the date the
Agency submits the CAAPP to USEPA for
approval. THE OWNER OR OPERATOR
OF A NEW CAAPP SOURCE SHALL
SUBMIT ITS COMPLETE CAAPP
APPLICATION CONSISTENT WITH
Section 39.5(5) of the Act.
6/14/1994
Last amended 6/7/1995.
7
Information on
Coal Contracts
and Sampling
Required in
Permit
Applications for
Coal-Fired Fuel
Combustion
Emission Sources
35 111. Adm.
Code 271
Air Pollution
Describes the information required by the
Illinois Environmental Protection Agency
from coal-fired fuel combustion emission
sources in order to issue operating permits.
Required information includes coal supply
contracts or letters of intent, coal quality
specifications, and results of daily coal
samples.
12/29/1977
Last amended
10/1/1984.
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Visible Emissions
from Coke Oven
Batteries:
Procedures for
Determining
Compliance
35 111. Adm.
Code 280
Air Pollution
Regulations apply to coke oven batteries and
specify maximum time periods during which
visible emissions are permitted during
charging operations and maximum
percentages of doors, lids, and offtake
piping that are permitted to emit visible
emissions.
4/21/1981
Last amended
4/21/1981.
9
Emergency and
Written
Notification of an
Incident or
Accident
Involving a
Reportable
Hazardous
Material or
Extremely
Hazardous
Substance
29 111. Adm.
Code 430
Emergency
Planning and
Response
Requires immediate notification and
submission of subsequent written report to
the Illinois State Emergency Response
Commission in case of an accident or
incident that involves the release of a
reportable hazardous material or extremely
hazardous substance, or, in the case of a
transportation incident, a hazardous
material.
4/8/1977
Last amended
11/5/2014.
10
Development,
Annual Review,
Coordination of
Chemical Safety
Contingency
Plans
29 111. Adm.
Code 610
Emergency
Planning and
Response
Establishes coordination activities which
shall take place between a business and local
geographical jurisdiction's emergency
preparedness planning and emergency
response agencies to develop and annually
review chemical safety contingency plans
and procedures. Encourages the
development of local governmental
chemical safety planning and response
capabilities. Also establishes the method and
procedures for notifying the Illinois
Emergency Services and Disaster Agency.
5/22/1986
Last amended
5/22/1986.
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Emergency
Planning and
Community
Right-to-Know
29 111. Adm.
Code 620
Emergency
Planning and
Response
Emergency planning and Notification:
This Subpart implements comprehensive
State and local emergency response plans
designed to protect the public and the
environment from any harmful effects that
may result from an accidental release of an
extremely hazardous substance. Specifically,
it outlines planning requirements and
notification procedures.
Reporting Requirements:
This Subpart is designed to set up reporting
procedures for facilities that handle
hazardous chemicals regulated under the
Occupational Safety and Health Standards
(29 CFR 1910). It also establishes
procedures to ensure that the location and
amount of hazardous chemicals in a facility
is monitored and made available to the
SERC, the local planning committee, the
local fire department, and the public. The
availability of this kind of information is
designed to facilitate public awareness by
allowing individuals to learn about the types
and quantities of hazardous chemicals
within their own communities.
5/5/1987
Last amended 1/1/1998.
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Illinois Hazardous
Substance
Pollution
Contingency Plan
35 111. Adm.
Code 750
Emergency
Planning and
Response
The Illinois Hazardous Substances Pollution
Contingency Plan is designed to effectuate
the response powers and responsibilities of
Illinois authorities in order to take
preventative or corrective action that is
necessary or appropriate when there is a
release or a substantial threat of release of a
hazardous substance. Effectively ensures
that state and local response will be present
at non-CERCLA sites.
7/16/1984
Last amended
6/24/1985.
13
Identification and
Listing of
Hazardous Waste
35 111. Adm Code
721
Hazardous
Substances
Management
This Part identifies those solid wastes that
are subject to regulation as hazardous
wastes under 35 111. Adm. Code 702, 703,
and 722 through 728, and which are
subject to the notification requirements of
Section 3010 of the Resource
Conservation and Recovery Act (RCRA)
(42 USC 6901 et seq.). I
5/17/1982
Last amended 8/9/2016.
14
Standards
Applicable to
Generators of
Hazardous Waste
35 111. Adm Code
722
Hazardous
Substances
Management
A person that generates a hazardous waste,
as defined by 35 111. Adm. Code 721, is
subject to the compliance requirements and
penalties prescribed in Title VIII and XII of
the Environmental Protection Act if that
person does not comply with this Part. An
owner or operator that initiates a shipment
of hazardous waste from a treatment,
storage, or disposal facility must comply
with the generator standards established in
this Part.
5/17/1982
Last amended 8/9/2016.
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Standards
Applicable to
Transporters of
Hazardous Waste
35 111. Adm Code
723
Hazardous
Substances
Management
These regulations establish standards which
apply to persons transporting hazardous
waste into, out of or through Illinois if the
transportation requires a manifest under 35
111. Adm. Code 722. These regulations do
not apply to on-site transportation of
hazardous waste by generators or by owners
or operators of permitted hazardous waste
management facilities.
5/17/1982
Last amended
10/14/2011.
16
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities
35 111. Adm Code
724
Hazardous
Substances
Management
The purpose of this Part is to establish
minimum standards that define the
acceptable management of hazardous waste.
The standards in this Part apply to owners
and operators of all facilities that treat, store,
or dispose of hazardous waste, except as
specifically provided otherwise in this Part
or 35 111. Adm. Code 721. This Part applies
to a person disposing of hazardous waste by
means of ocean disposal subject to a permit
issued pursuant to the federal Marine
Protection, Research and Sanctuaries Act
(33 USC 1401 et seq.) only to the extent
they are
included in a RCRA permit by rule granted
to such a person pursuant to 35 111.
Adm. Code 703.141. A "RCRA permit" is a
permit required by Section 21(f) of the
Environmental Protection Act [415 ILCS
5721(f)] and 35 111. Adm. Code 703.121.
10/12/1983
Last amended 8/9/2016.
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Standards for the
Management of
Used Oil
35 111. Adm Code
739
Hazardous
Substances
Management
Outlines applicability and classification of
used oils provides standards for generators
of used oil as well as collection centers and
transporters or transfer facilities, processors,
burners, fuel marketers, and disposal of used
oil.
11/22/1993
Last amended
10/24/2013.
18
Toxic Air
Contaminants
35 111. Adm.
Code 232
Hazardous
Substances
Management
Establishes an Illinois state program to
identify toxic air contaminants. Defines
"toxic air contaminants" as a contaminant
which the Pollution Control Board finds
may cause or significantly contribute to an
increase in mortality or an increase in
serious irreversible or incapacitating
reversible illness, or may pose a significant
threat to human health.
10/18/1992
Last amended
5/12/1997.
19
Transportation of
Hazardous
Materials by Rail
Carrier
92 111. Adm Code
1605
Hazardous
Substances
Management
Adopts federal regulations by reference.
10/1/1987
Last amended
12/11/2005.
20
Hazardous
Materials
Transportation
Regulations
92 111. Adm Code
173
Hazardous
Substances
Management
This Part prescribes the requirements for
shipments and packagings used for the
transportation of hazardous materials in
Illinois. As Part 173 of the Illinois
Hazardous Materials Transportation
Regulations, the Department incorporates 49
CFR 173 by reference, as that part of the
federal hazardous materials transportation
regulations was in effect on October 1, 2017
with few additions and modifications.
2/1/1979
Last amended
1/24/2018.
172
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Permit fees for
National Pollutant
Discharge
Elimination
System and
Domestic Sewage
Sludge Generator
of Sludge User
Permits
35 111. Adm Code
325
Hazardous
Waste
Management
and Disposal
The purpose of this Part is to establish
procedures for the collection of fees for
discharges that require a National Pollutant
Discharge Elimination System (NPDES)
permit and are covered under Section 12.5
of the Environmental Protection Act (Act),
and for activities that require a domestic
sewage sludge generator or sludge user
permit from persons holding those permits.
6/29/2010
Last amended 6/1/2013.
22
Land Disposal
Restrictions
35 111. Adm Code
724
Hazardous
Waste
Management
and Disposal
This Part identifies hazardous wastes that
are restricted from land disposal and defines
those limited circumstances under which an
otherwise prohibited waste may continue to
be land disposed. Except as specifically
provided otherwise in this Part or 35 111.
Adm. Code 721, the requirements of this
Part apply to persons that generate or
transport hazardous waste and to owners and
operators of hazardous waste treatment,
storage, and
disposal facilities.
11/12/1987
Last amended 8/9/2016.
173
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Prohibited
Hazardous
Wastes in Land
Disposal Units
35 111. Adm Code
729
Hazardous
Waste
Management
and Disposal
The purpose of this Part is to prohibit the
disposal of certain hazardous wastes in
landfills. "Hazardous waste" is as defined in
35 111. Adm. Code 721. 35 111. Adm. Code
709 requires Wastestream Authorizations for
certain waste streams. Unless otherwise
indicated, the requirements of this Part apply
to all landfills, or "sanitary landfills" as
defined in the Environmental Protection
Act (Act) (111. Rev. Stat. 1983, ch. Ill 1/2,
par. 1001 et seq.). Landfills include both
non-hazardous and hazardous waste landfills
permitted under Sections 21(d) or 21(f) of
the Act. Unless otherwise indicated,
"landfills"
includes surface impoundments and waste
piles in which waste residues are expected to
remain after closure, and land application.
7/5/1984
Last amended
11/5/1986.
24
Standards for
New Solid Waste
Landfills
35 111. Adm.
Code 811
Hazardous
Waste
Management
and Disposal
Establishes standards for newly constructed
solid waste landfills that vary by deposited
material. Separate standards for chemical
waste landfills (Subpart C). Also establishes
recordkeeping requirements for landfill
owners and operators and sets financial
assurance requirements.
9/18/1990
Last amended
3/13/2014.
174
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Alternative
Standards for
Coal Combustion
Power Generating
Facilities Waste
Landfills
35 111. Adm.
Code 816
Hazardous
Waste
Management
and Disposal
Establishes standards for landfills receiving
solely flue gas desulfurization sludges and
coal combustion wastes produced by coal
combustion power generating facilities.
Adopts recordkeeping and financial
assurance requirements from 35 111. Adm.
Code 811 (see above).
8/15/1996
Last amended
8/15/1996.
26
Water Quality
Standards
35 111. Adm.
Code 302
Water
Pollution
Subpart B contains general use water quality
standards which must be met in waters of
the State for which there is no specific
designation (35 111. Adm. Code 303.201).
Subpart C contains the public and food
processing water supply standards. These
are cumulative with Subpart B and must be
met by all designated waters at the point at
which water is drawn for treatment and
distribution as a potable supply or for food
processing (35 111. Adm. Code 303.202).
Further sections refer to specific water
systems.
1/1/1978
Last amended 7/1/2015.
27
Pollution Control
Board: Effluent
Standards
35 111. Adm.
Code 304
Water
Pollution
This part prescribes the maximum
concentrations of various contaminants
that may be discharged to the waters of the
State. Subpart A contains general effluent
limitations. Subpart B contains site specific
rules and exceptions not of general
applicability. Subpart C contains temporary
rules.
1/1/1978
Last amended
2/26/2014.
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Water Pollution
Control Board:
Monitoring and
Reporting
35 111. Adm.
Code 305
Water
Pollution
Establishes requirements for monitoring,
reporting, and measuring contaminant
discharges for owners and operators of
pretreatment works, treatment works, or
wastewater sources. Owners or operators
must submit operating reports to the Illinois
Environmental Protection Agency, and to
install devices to sample and measure
effluent flow from discharge sewers, pipes,
or outfalls.
1/1/1978
Last amended
2/13/1990.
29
Water Pollution
Control Board:
Sewer Discharge
Criteria
35 111. Adm.
Code 307
Water
Pollution
Places restrictions on the types,
concentrations, and quantities of
contaminants that can be discharged into
sewer systems. Includes specific provisions
for mercury and cyanide. Restrictions and
standards vary by facility type. Specific
standards for chemical manufacturers
(Subparts 0 and P), petroleum refiners and
manufacturers (Subpart T), and steam
electric power generating facilities (Subpart
X).
3/31/1971
Last amended
5/29/2018.
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National Pollutant
Discharge
Elimination
System (NPDES)
Permits
35 111. Adm.
Code 309
Water
Pollution
Permits may be required under either of two
subparts ~ NPDES Permits, Subpart A,
which regulate discharges into navigable
waters as defined in the CWA, or Other
Permits, Subpart B, which regulate certain
structures
and discharges therefrom that are not
required to have an NPDES Permit. An
applicant for a National Pollution Discharge
Elimination System (NPDES) Permit shall
file an application, in accordance with
Section 309.223, on forms provided by the
Illinois
Environmental Protection Agency (Agency).
Such forms shall comprise the NPDES
application forms promulgated by the U.S.
Environmental Protection Agency for the
type of discharge for which an NPDES
Permit is being sought and such additional
information as the Agency may reasonably
require in order to determine that the
discharge or proposed discharge will be in
compliance with applicable state and federal
requirements.
3/7/1972
Last amended
6/13/2016.
31
Water Pollution
Control Board:
Permits
35 111. Adm.
Code 309,
Subpart B
Water
Pollution
Establishes discharge permit requirements,
eligibility, and exemptions for owners or
operators that are not required to acquire an
NPDES permit.
3/7/1972
Last amended
6/13/2016.
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Pretreatment
Programs
35 111. Adm.
Code 310
Water
Pollution
Requirements for submission to the Agency
of pretreatment programs by publicly owned
treatment works (POTWs).) Requirements
with which persons discharging to sewers
must comply. Requirements for prior
approval by the Control Authority of certain
discharges to a sewer. This Part satisfies the
requirement of Section 13.3 of the
Environmental Protection Act (Act) (Supp.
to 111. Rev. Stat. 1985 ch. Ill 1/2, par.
1013.3) that the Board adopt rules which are
identical in substance with United States
Environmental Protection Agency (USEPA)
regulations implementing the pretreatment
requirements of the Clean Water Act.
1/13/1988
Last amended
1/23/2017.
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Underground
Injection Control
Operating
Requirements
35 111. Adm.
Code 730
Water
Pollution
This Part sets forth technical criteria and
standards for the Underground Injection
Control (UIC) Program. This Part must be
read in conjunction with 35 111. Adm.
Code 702, 704, and 705, which also apply to
the UIC program. 35 111. Adm. Code
702 and 704 prescribe the regulatory
requirements for the UIC permit program.
35
111. Adm. Code 704 further outlines
hazardous waste management requirements
and sets forth the financial assurance
requirements applicable to Class I hazardous
waste injection wells and requirements
applicable to certain types of Class V
injection wells. 35 111. Adm. Code 705
describes the procedures the Agency must
use for issuing UIC permits. On and after
February 1, 1984, any underground injection
that is not authorized by rule or by permit is
unlawful. The filing of any document
pursuant to any provision of this Part as an
electronic document is subject to 35 111.
Adm. Code 720.104.
3/3/1984
Last amended
1/20/2012.
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New Source
Performance
Standards
326 IAC 12
Air Pollution
This article applies to the owner or operator
of any stationary source for which a
standard is prescribed under this article. The
air pollution control board incorporates by
reference 40 CFR 60*. If the emission
limitations contained in this article conflict
with or are inconsistent with any other
emission limitations established by this title,
then the more stringent limitation shall
apply.
3/10/1998
Last amended
4/26/2007.
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Emission
Standards for
Hazardous Air
Pollutants
326 IAC 14
Air Pollution
This article applies to the owner or operator
of any stationary source for which a
standard is prescribed under this article, he
board adopts by reference and incorporates
40 CFR 61, Subpart A, General Provisions*
concerning emission standards for hazardous
air pollutants, with the exception of:
(1)40 CFR 61.04 Address*;
(2) 40 CFR 61.11(f) Administrator's
Authority on Waiver of Compliance*;
(3) 40 CFR 61.12(d) Alternative Means of
Emission Limitation*;
(4) 40 CFR 61.16 Availability of
Information*; and
(5) 40 CFR 61.17 State Authority*;
and as modified in section 2 of this rule.
Provisions of waiver of compliance in 40
CFR 61 Section 61.11, Subpart A*, shall not
apply to sources subject to the requirements
established in 326 IAC 14-9.
3/10/1998
Last amended
8/26/2004.
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Hazardous Air
Pollutants
326 IAC 20
Air Pollution
The air pollution control board incorporates
by reference 40 CFR 63, Subpart A*
concerning general provisions for emission
standards for hazardous air pollutants. The
provisions of this rule shall apply to any
source or facility for which a standard is
prescribed under this article unless
otherwise specified in individual standards.
The provisions of this rule do not apply to
regulations developed for accidental releases
unless otherwise specified in those
standards.
5/25/1994
Last amended
5/21/2002.
4
Acid Deposition
Control
326 IAC 21
Air Pollution
The air pollution control board incorporates
by reference the provisions of 40 CFR 72
through 40 CFR 78* for purposes of
implementing an acid rain program that
meets the requirements of Title IV of the
Clean Air Act and to incorporate
monitoring, record keeping, and reporting
requirements for nitrogen oxide emissions to
demonstrate compliance with nitrogen
oxides emission reduction requirements.
5/25/1994
Last amended
5/21/2002.
5
Monitoring
Requirements
326 IAC 3
Air Pollution
This regulation sets requirements for
continuous monitoring of applicable
pollutants, minimum performance and
operating specifications, monitor system
certification, standard operating procedures,
quality assurance, record keeping, reporting,
source sampling procedures, fuel sampling
and analysis procedures, and compliance
assurance monitoring.
1/30/1998
Last amended
8/11/2011.
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Health and Safety
Standards
620 IAC 1
Emergency
Planning and
Response
The Indiana Occupational Safety Standards
Commission adopted the major federal
OSHA rules and regulations for employers
operating within the State of Indiana.
12/6/1972
Last amended
11/26/2013.
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Underground
Storage Tanks
329 IAC 9
Hazardous
Waste
Disposal and
Management
This article applies to all owners and
operators of a UST as described in 40 CFR
280.10. o Owners and operators of a UST as
described in 40 CFR 280.10* shall comply
with the technical standards and corrective
action requirements for USTs at 40 CFR
280*, with the following exceptions: (1)
Definitions of "owner" and "operator" in 40
CFR 280.12. (2) 40 CFR 280.22. (3) 40 CFR
280.53. (4) 40 CFR 280.60. (5) 40 CFR
280.61. (6) 40 CFR 280.63 through 40 CFR
280.67. (7) 40 CFR 280, Subpart G. (8) 40
CFR 280, Subpart H. (9) 40 CFR 280,
Subpart I. (d) When used in 40 CFR 280 as
incorporated by this rule, substitute the
following: (1) A reference to "state" means
Indiana. (2) A reference to "implementing
agency" means the Indiana department of
environmental management. (3) A reference
to 40 CFR 280.22 means 329 IAC 9-2-2. (4)
A reference to 40 CFR 280.53 means 329
IAC 9-4-4. (5) A reference to 40 CFR 280,
Subpart F means 329 IAC 9-5. (6) A
reference to 40 CFR 280, Subpart G means
329 IAC 9-6. (7) A reference to an October
13, 2018, compliance date means the
effective date of 329 IAC 9. (e) In addition
to the definitions in this section, the
definitions in IC 13-11-2 and 40
CFR280.12* apply throughout this rule.
12/1/1992
Last amended
5/29/2018.
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Solid Waste Land
Disposal
Facilities
329 IAC 10
Hazardous
Waste
Management
and Disposal
The purpose of this article is to implement
the provisions of: IC 13-30-2-1(3) and IC
13-30-2-1(4) relating to the deposit of
contaminants or solid waste upon the land
except as permitted in this article; and IC
13-30-2-1(5) and IC 36-9-30-35 prohibiting
dumping, causing, or allowing the open
dumping of garbage or of other solid waste
in violation of this article.
3/14/1996
Last amended
1/10/2001.
9
Hazardous Waste
Management
Permit Program
and Related
Hazardous Waste
Management
329 IAC 3.1
Hazardous
Waste
Management
and Disposal
The purpose of this article is to establish
policies, procedures, requirements, and
standards to implement the environmental
management laws as defined at IC 13-11-2-
71. This article was promulgated for the
purpose of protecting and enhancing the
quality of Indiana's environment and
protecting the public health, safety, and
well-being of its citizens. This article
establishes a hazardous waste management
program consistent with the requirements of
the Resource Conservation and Recovery
Act. This article establishes standards for
identifying hazardous waste; hazardous
waste management procedures for
generators, transporters, and
owners/operators of hazardous waste
facilities; and the permit program for
hazardous waste facilities.
1/24/1992
Last amended
1/10/2001.
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Industrial
Wastewater
Pretreatment
Programs and
NPDES
327 IAC 5
Water
Pollution
This article prescribes policies, procedures,
and technical criteria for the following
programs:
(1) The issuance of discharge permits under
the National Pollutant Discharge
Elimination System (NPDES).
(2) The implementation of a program for the
pretreatment of industrial wastewater to be
discharged into municipal sewage treatment
facilities.
9/24/1987
Last amended 9/6/2018.
11
Land Application
of Biosolid,
Industrial Waste
Product, and
Pollutant-Bearing
Water
327 IAC 6.1
Water
Pollution
The purpose of this article is to establish
procedures, requirements, and standards to
implement IC 13-18-3 regarding land
application and related activities. This article
was promulgated for the purpose of
protecting and enhancing the quality of
Indiana's environment and protecting the
public health, safety, and well-being of its
citizens. This article regulates the disposal
of any biosolid, contaminant that is an
industrial waste product, or pollutant-
bearing water by application upon or
incorporation into the soil. This article
establishes standards for the following:
general requirements, site requirements,
pollutant limits, pathogen reduction
requirements, vector attraction reduction
requirements, monitoring and analysis
requirements, record keeping requirements,
reporting requirements, and storage.
5/15/1998
Last amended
7/29/2013.
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Compliance
Iowa
Administrative
Code 567.21
Air Pollution
Provides a general outline for compliance
with Iowa Administrative Code 567.23
(Emission Standards for Contaminants).
This includes required record keeping,
process standards for applying for variances
from some air pollution rules and standards,
and emissions reductions program
submission requirements. This regulation
also allows electric utilities to operate
generators at an electric utility substation in
the event of a disaster that has disabled
standard transmission of electricity to the
public.
3/22/2017
Last amended
3/22/2017.
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Controlling
Pollution
Iowa
Administrative
Code 567.22
Air Pollution
This chapter establishes air pollution
permitting programs, their administration,
and associated emissions control practices
and standards. Iowa requires the following
permits under this regulation: 1)
Construction permits for construction,
reconstruction, or alteration of new or
existing stationary sources 2) Title V
operating permits for ownership or operation
of air contaminant sources 3) Acid rain
permits for ownership or operation of
sources regulated under the federal (40 CFR
Part 73) or Iowa Acid Rain program. This
chapter allows eligible sources to apply for
an alternate set of emission control
standards than those specified by the permit
programs and sets forth emissions control
demonstration requirements for alternate
plans. It also includes miscellaneous
additional requirements such as best
available retrofit technology (BART)
requirements for visibility protection,
specific permitting requirements for certain
sources (e.g. country grain elevators), and
permit-by-rule designations for certain
sources (e.g. small sources). Many rules in
this regulation have been rescinded or
reserved, including rules outlining a
voluntary operating permit program. Texts
and titles of other rescinded or reserved
rules are no longer available online.
3/18/2009
Last amended
3/18/2009.
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Emission
Standards for
Contaminants
Iowa
Administrative
Code 567.23
Air Pollution
Adopts the federal New Source Performance
Standards (40 CFR Part 60), the National
Emission Standards for Hazardous Air
Pollutants (40 CFR Part 61), the National
Emission Standards for Hazardous Air
Pollutants for Source Categories (40 CFR
Part 63), and the federal Standards for the
Use or Disposal of Sewage Sludge (40 CFR
Part 503). Further restricts open burning,
particulate matter emissions, sulfur
compounds, specific processes including
those utilizing incinerators, and allows for
alternative emission limits where the cost of
emission control are high.
2/18/2009
Last amended
2/18/2009.
4
Excess Emissions
Iowa
Administrative
Code 567.24
Air Pollution
Requires reporting of excess air contaminant
emissions incidents other than an incident of
excess emission during startup, shutdown,
or cleansing. Outlines processes and
requirements for the assessment and
resolution of the cause of the excess
emissions event. Further establishes
maintenance and repair requirements for all
equipment capable of emitting air
contaminants and air contaminant control
equipment.
10/20/2010
Last amended
10/20/2010.
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Measurement of
Emissions
Iowa
Administrative
Code 567.25
Air Pollution
Requires monitoring of a variety of
hazardous and non-hazardous air
contaminants. 1) Adopts by reference the
continuous monitoring requirements of the
federal acid rain program (40 CFR Part 75).
2) Further requires continuous monitoring of
opacity from coal-fired steam generating
units and of sulfur dioxide from sulfuric acid
plants and sets forth standards for the record
keeping and reporting of this monitoring
activity. 3) Additionally, requires mercury
emissions testing and monitoring for
stationary, coal-fired boilers and coal-fired
combustion turbines serving at any time
after November 15, 1990. The provisions of
this mercury emissions testing and
monitoring rule expired on April 22, 2015,
except for coal-and oil-fired electric utility
steam generating units.
10/7/2009
Last amended
10/7/2009.
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Prevention of Air
Pollution
Emergency
Episodes
Iowa
Administrative
Code 567.26
Air Pollution
This regulation consists of provisions to
prevent the excessive buildup of air
contaminants during air pollution episodes.
Air pollution episodes occur when the
accumulation of air contaminants (sulfur
dioxide, particulate matter, carbon
monoxide, ozone, and nitrogen dioxide)
reach levels that could lead to the substantial
threat to the health of persons. Calls for the
creation and review of planned abatement
strategies to be communicated to and
implemented by operators of sources of air
contaminants.
3/22/2017
Last amended
3/22/2017.
7
Ambient Air
Quality Standards
Iowa
Administrative
Code 567.28
Air Pollution
Adopts the National Ambient Air Quality
Standards (40 CFR Part 50).
10/7/2009
Last amended
10/7/2009.
8
Fees
Iowa
Administrative
Code 567.30
Air Pollution
Establishes fees requirements associated
new source review applications, asbestos
demolition or renovation notification, and
Title V operating permits.
1/5/2016
Last amended 1/5/2016.
9
Nonattainment
Areas
Iowa
Administrative
Code 567.31
Air Pollution
Establishes the nonattainment major New
Source Review (NSR) program, as set forth
in 40 CFR 51.165 and 40 CFR Part 51,
Appendix S. The NSR program is a
preconstruction review and permitting
program applicable to new or modified
major stationary sources of air pollutants
located in areas that do not meet the national
ambient air quality standards
("nonattainment areas"). Several rules in this
regulation were reserved.
12/11/2013
Last amended
12/11/2013.
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Special
Regulations and
Construction
Permit
Requirements for
Major Stationary
Sources -
Prevention of
Significant
Deterioration
(PSD) of Air
Quality
Iowa
Administrative
Code 567.33
Air Pollution
Establishes the attainment New Source
Review (NSR) program, as set forth in 40
CFR 51.166 and 52.21. The NSR program is
a preconstruction review and permitting
program applicable to new or modified
major stationary sources of air pollutants
located in areas that meet the national
ambient air quality standards ("attainment
areas"). Several rules in this regulation were
reserved.
12/14/2011
Last amended
12/14/2011.
11
Provisions for Air
Quality Emissions
Trading Programs
Iowa
Administrative
Code 567.34
Air Pollution
All rules in this regulation have been either
rescinded or reserved. This regulation
implemented the provisions for federal air
emissions trading programs, including the
Clean Air Interstate Rule (CAIR) (rescinded
4/18/18), the Cross State and Clean Air
Mercury Rule (CAMR) (rescinded
11/11/2009), and other rules no longer
available online (reserved at an unspecified
date).
N/A
Effective date not
available online.
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Notification of
Hazardous
Conditions
Iowa
Administrative
Code 567.131
Emergency
Planning and
Response
Requires any person manufacturing, storing,
handling, transporting, or disposing of a
hazardous substance to notify the Iowa
Department of Natural Resources and the
local police department or office of the
sheriff of the affected county of the
occurrence of a hazardous condition (i.e.,
spillage, leakage, or release of a hazardous
substance) not later than six hours after the
onset of the hazardous condition or
discovery of the hazardous condition.
Reports made pursuant to this rule shall be
confirmed in writing. A written report shall
be submitted to the Iowa Department of
Natural Resources within 30 days of the
hazardous condition.
3/29/1978
Last amended
3/29/1978.
13
General Industry
Safety and Health
Rules
Iowa
Administrative
Code 875.10
Emergency
Planning and
Response
Adopts by reference the federal
Occupational Safety and Health
Administration (OSHA) Standards (29 CFR
Part 1910) and expands its protections for
employees exposed to air contaminants.
Most of the rules in the regulation have been
reserved and their text removed from the
online Administrative Code.
5/13/2009
Last amended
5/13/2009.
14
Hazardous
Chemical Risks
Right to Know -
General
Provisions
Iowa
Administrative
Code 875.110
Emergency
Planning and
Response
The purpose of this regulation is to ensure
that hazards of all produced or imported
chemicals are evaluated and that the
information is transmitted to affected
employers. It dictates processes for hazard
determination, use of labels and other forms
of warning, and material safety sheets.
N/A
No effective date noted.
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Unknown
Iowa
Administrative
Code 875.120
Emergency
Planning and
Response
This chapter provides that information
concerning chemical hazards is transmitted
to affected employers and employees. This
transmittal of information is to be
accomplished by means of comprehensive
hazard communication programs, which are
to include container labeling and other
forms of warning, material safety data
sheets, and employee training. This
regulation was removed from the online
Iowa Administrative Code at an unspecified
date. Its text and title are not available
(summary taken from Chapter 110 "General
Provisions").
N/A
Last amended N/A.
16
Community Right
to Know
Iowa
Administrative
Code 875.130
Emergency
Planning and
Response
This chapter addresses the procedures for
the public to gain access to information on
hazardous chemicals used in the community,
the administrative procedures to determine
the extent of the information required to be
presented, and the actions to compel the
release of information when the employer
does not voluntarily release the information.
5/18/2016
Last amended
5/18/2016.
17
Public
Safety /Emergency
Response Right to
Know
Iowa
Administrative
Code 875.140
Emergency
Planning and
Response
Chapter 140 requires an employer to
submits information on the hazardous
chemicals at the employer's workplace to the
local fire department.
5/18/2016
Last amended
5/18/2016.
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Recording and
Reporting
Occupational
Injuries and
Illnesses
Iowa
Administrative
Code 875.4
Emergency
Planning and
Response
This regulation requires record keeping and
reporting for the purpose of developing
information on the causes and prevention of
occupational accidents and illnesses, and for
maintaining a program of collection,
compilation and analysis of occupational
safety and health statistics. Much of this
regulation has been removed from the online
Iowa Administrative Code and may have
been reserved.
1/14/2015
Last amended
1/14/2015.
19
Used Oil and
Used Oil Filters
Iowa
Administrative
Code 567.119
Hazardous
Substances
Management
Sets forth separate operational requirements
for persons accepting and selling used oil
and used oil filters. Includes standards for
aboveground and underground used oil
collection tanks and prohibits final disposal
of used oil in a sanitary landfill.
10/17/2018
Last amended
10/17/2018.
20
Sanitary
Landfills: Coal
Combustion
Residue
Iowa
Administrative
Code 567.103.1
Hazardous
Waste
Management
and Disposal
Establishes minimum requirements for
siting, designing, and operating solid waste
landfills accepting only coal combustion
residues. Regulation includes site
requirements, permitting requirements,
design criteria, operational and monitoring
requirements, and closure/post closure
requirements, including provision for post
closure plan.
9/1/1971
Last amended 9/1/1971.
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Coal Combustion
Residue Sanitary
Landfill Financial
Assurance
Iowa
Administrative
Code 567.103.3
Hazardous
Waste
Management
and Disposal
Provides criteria for establishing financial
assurance for closure, post closure, and
corrective action at coal combustion residue
sanitary landfills. Owners and operators of
coal combustion residue landfills must
establish financial assurance for closure
based on costs contained in third-party
estimate of closure submitted for approval to
the Iowa Department of Natural Resources.
Owners and operators of coal combustion
residue landfills must establish financial
assurance for post closure costs based on
estimate certified by an Iowa-licensed
professional engineer. Finally, when a
corrective action is required, owners and
operators of coal combustion residue
landfills must provide a detailed estimate of
the cost of hiring a third party if the
corrective action, prepared by an Iowa-
licensed engineer.
Owners and operators may demonstrate
financial assurance either by obtaining
insurance policies for closure, post closure,
and corrective action costs, or by satisfying
a financial test.
9/1/1971
Last amended 9/1/1971.
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Disposal of solid waste, including the land
application of waste, requires a permit from
the Iowa Department of Natural Resources.
Regulation sets the requirements owners and
operators must meet to obtain a permit and
the information the owner and operator must
submit to the Iowa Department of Natural
Resources to obtain a permit.
22
Land Application
of Wastes
Iowa
Administrative
Code 567.121
Hazardous
Waste
Management
and Disposal
Owners and operators must also acquire a
financial assurance in the amount of the
third-party costs to dispose of the waste
through any of: 1) a secured trust fund; 2)
local government dedicated fund; 3) surety
bond; 4) letter of credit; 5) corporate
guarantee; 6) local government guarantee.
7/19/1978
Last amended
7/19/1978.
23
Fees for
Transportation,
Treatment, and
Disposal of
Hazardous Waste
Iowa
Administrative
Code 567.149
Hazardous
Waste
Management
and Disposal
Establishes a fee schedule for hazardous
wastes applicable to persons who generates
hazardous waste, transports it off the site of
generation, or owns or operates a facility
which provides treatment or disposal of
hazardous waste. Requires generators of
hazardous waste to maintain operating
records for the purpose of assessing
hazardous waste fees.
N/A
No effective date noted.
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Groundwater
Hazard
Documentation
Iowa
Administrative
Code 561.9
Water
Pollution
This statute requires notice to be given to
the transferee of real property of the
condition of the wells, disposal sites,
underground storage tanks, hazardous waste
disposal, and private burial sites existing on
the real estate. These rules apply to all
persons, corporations, and other legal
entities who are transferors or transferees of
real property within the state of Iowa as well
as county recorders.
4/1/2009
Last amended 4/1/2009.
25
Technical
Standards and
Corrective Action
Requirements for
Owners and
Operators of
Underground
Storage Tanks
Iowa
Administrative
Code 567.135
Water
Pollution
Establishes standards for owners and
operators of underground storage tank
(UST) systems. The rules address UST
system design, construction, installation and
notification; general operating requirements;
release detection, reporting, investigation,
and confirmation; closure; compliance
inspections; site assessment policy and
procedure; and corrective action.
4/15/2009
Last amended
4/15/2009.
26
Water Quality
Standards
Iowa
Administrative
Code 567.61
Water
Pollution
Establishes numeric and non-numeric (i.e.,
descriptive) water quality criteria for
designated water uses. Additionally,
includes standards for the use of volunteer
water quality monitoring data. Several rules
in this regulation were reserved at an
unspecified date.
11/11/2009
Last amended
11/11/2009.
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Effluent and
Pretreatment
Standards: Other
Effluent
Limitations or
Prohibitions
Iowa
Administrative
Code 567.62
Water
Pollution
Prohibits the discharge of any pollutant from
a point source into a navigable water unless
authorized by a National Pollutant
Discharge Elimination System (NPDES)
permit, among other specific prohibited
discharges. Sets forth effluent standards for
publicly owned treatment works and
semipublic sewage disposal systems. Adopts
by reference the federal General
Pretreatment Regulations for Existing and
New Sources of Pollution (40 CFR Part
403), the federal Toxic Pollutant Effluent
Standards (40 CFR Part 129), and many
other federal Effluent Limitations
Guidelines. Relevant adoptions of federal
Effluent Limitations Guidelines relate to
thermal discharges (40 CFR Part 125,
subpart H) and the steam electric power
generating point source category (40 CFR
Part 422). This regulation also provides for
certain instances in which limitations more
or less stringent than the federal standards
may apply.
4/15/2009
Last amended
4/15/2009.
28
Monitoring,
Analytical, and
Reporting
Requirements
Iowa
Administrative
Code 567.63
Water
Pollution
Sets forth requirements for monitoring,
recording, testing, and reporting for facilities
holding permits to operate a wastewater
disposal system.
4/15/2009
Last amended
4/15/2009.
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Wastewater
Construction and
Operation Permits
Iowa
Administrative
Code 567.64
Water
Pollution
This Chapter establishes water pollution
permitting programs, their administration,
their fees, and associated emissions control
practices and standards. Iowa requires the
following permits under this regulation: 1) a
permit to operate for operation of any
wastewater disposal system or part thereof
2) a permit to construct for construction,
installation, or modification of any
wastewater disposal system or part thereof
and 3) a National Pollutant Discharge
Elimination System (NPDES) permit for
discharges of pollutants from point sources
into navigable waters. Some rules in this
regulation have been reserved or rescinded.
3/18/2009
Last amended
3/18/2009.
30
Standards for the
Land Application
of Sewage Sludge
Iowa
Administrative
Code 567.67
Water
Pollution
This chapter establishes standards for the
land application of sewage sludge generated
during the treatment of domestic sewage in a
treatment works. These standards are
applicable to any person who prepares
sewage sludge (generator), to any person
who applies sewage sludge to the land
(applicator), and to sewage sludge applied to
land. Requires permits for any land
application of sewage sludge and adopts the
federal Standards for the Use or Disposal of
Sewage Sludge (40 CRR Part 503).
5/18/2016
Last amended
5/18/2016.
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Notes
1
Division for Air
Quality; General
Administrative
Procedures
401 KAR 50
Air Pollution
Sets forth guidelines for the implementation
of Kentucky's Division of Air Quality
regulations. These include but are not
limited to requirements for performance
tests; stack gas monitoring, ambient air
monitoring, and recording and reporting of
monitoring data; general compliance and
enforcement mechanisms; and the
assessment of air emissions fess. Additional
provisions ensure conformity with the
federal Requirements for Preparation,
Adoption, and Submittal of Implementation
Plans (40 CFRPart51).
6/6/1979
Last amended 7/8/2016.
2
Attainment and
Maintenance of
the National
Ambient Air
Quality Standards
401KAR51
Air Pollution
The purpose of this regulation is to 1)
prevent the significant deterioration of air
quality in areas of Kentucky where the air
quality is better than the ambient air quality
standards and to 2) provide conditions for
the construction of new or modified sources
which would impact nonattainment areas to
prevent exacerbation of existing violations
of ambient air quality standards. Establishes
NOx requirements by source type (e.g.
stationary internal combustion engines, large
utility and industrial boilers) and NOx
trading programs.
6/6/1979
Last amended
7/30/2018.
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Permits,
Registrations, and
Prohibitory Rules
401 KAR 52
Air Pollution
Establishes requirements for several types of
air pollution permits required for sources of
air contaminants. These permits include
Title V permits for major and other sources;
federally-enforceable permits for nonmajor
sources, state-origin permits for non-
federally-enforceable minor sources, and
acid rain permits for sources regulated under
the federal Acid Rain Program (40 CFR
Parts 72-78). Additional relevant provisions
relate to the registration of designated
sources; permit application forms; and
public, affected state, and US EPA permit
review.
1/15/2001
Last amended 7/8/2016.
4
Ambient Air
Quality Standards
401 KAR 53
Air Pollution
This regulation establishes primary and
secondary ambient air quality standards for
sulfur oxides, particulate matter, carbon
monoxide, ozone, nitrogen dioxide, lead,
hydrogen sulfide, gaseous fluorides, total
fluorides, and odors. It also outlines the
methods and frequency of measurement of
the contaminants.
6/6/1979
Last amended
7/19/2016.
5
Hazardous
Pollutants
401 KAR 57
Air Pollution
Adopts by reference the National Emissions
Standards for Hazardous Air Pollutants (40
CFR Part 61).
7/14/1999
Last amended
11/14/2007.
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New Source
Standards
401 KAR 59
Air Pollution
This administrative regulation provides for
the establishment of monitoring
requirements, performance testing
requirements, and other general provisions
as related to new sources of air
contaminants. It sets forth requirements by
source type (e.g. new incinerators, new
indirect heat exchangers).
6/6/1979
Last amended 3/9/2018.
7
New Source
Performance
Standards
401 KAR 60
Air Pollution
Adopts by reference the federal Standards of
Performance for New Stationary Sources (40
CFR Part 60).
7/14/1999
Last amended 3/3/2017.
8
Existing Source
Standards
401 KAR 61
Air Pollution
This administrative regulation establishes
monitoring requirements, performance
testing requirements, and other general
provisions as related to existing sources of
air contaminants. It sets forth requirements
by source type (e.g. existing incinerators,
existing indirect heat exchangers).
6/29/1979
Last amended 4/3/2009.
9
General Standards
of Performance
401 KAR 63
Air Pollution
Adopts by reference the federal National
Emission Standards for Hazardous Air
Pollutants for Source Categories (40 CFR
Part 63) and establishes general standards of
performance with respect to fugitive
emissions, potentially hazardous matter or
toxic substances, existing sources emitting
toxic air pollutants, and other categories.
6/6/1979
Last amended 3/3/2017.
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Chemical
Accident
Prevention
401 KAR 68
Air Pollution
Adopts by reference sections of the federal
Chemical Accident Prevention Provisions
(40 CFR Part 68). Adopted sections include
general provisions and hazard assessment
provisions; Program 2 and Program 3
prevention program requirements;
emergency response requirements; the list of
regulated substances and the identification
threshold quantities for these substances;
requirements for submitting risk
management plans; and requirements for
recordkeeping, public information,
permitting, and auditing.
10/13/1999
Last amended 7/8/2016.
11
Occupational
Safety and Health
803 KAR 2
Emergency
Planning and
Response
This chapter establishes occupational safety
and health standards. Relevant sections of
this regulation include Employers'
Responsibility Where Employees are
Exposed to Toxic Substances, which
requires all employers to monitor areas and
maintain accurate records of potential
employee exposure to toxic substances;
Receiving and Unloading Bulk Hazardous
Liquids, which sets forth minimum safety
requirements for employees receiving and
unloading bulk hazardous liquids;
Hazardous Materials, which adopts the
federal Occupational Safety and Health
Administration Hazardous Materials
standards (29 CFR 1910 Subpart H); and
Toxic and Hazardous Substances, which
establishes toxic and hazardous substances
standards for general industry.
12/11/1974
Last amended 4/6/2018.
205
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Water Quality
Standards
401 KAR 30
Hazardous
Substances
Management
This administrative regulation establishes
general provisions which apply to disposal
of solid waste and management of all
hazardous waste. Its provisions outline
minimum environmental performance
standards for waste facilities.
12/2/1983
Last amended
10/14/2008.
13
Underground
Storage Tanks
401 KAR 42
Hazardous
Waste
Management
and Disposal
Sets forth rules applicable to all owners and
operators of underground storage tank (UST)
systems except as specifically exempt under
this Chapter. These rules outline standards
for registration, construction and
performance, leak detection, recordkeeping,
release reporting, corrective action, closure,
financial responsibility, and other
requirements.
9/25/1990
Last amended
12/21/2016.
14
Hazardous Waste
401 KAR 39
Hazardous
Waste
Management
and Disposal
This chapter establishes requirements
applicable to any person, state, or federal
agency that engages in the generation,
treatment, storage, disposal, transportation,
or management of hazardous waste. Its
provisions include standards for used oil and
universal waste and standards for hazardous
waste handlers, including generators and
transporters. It also creates a hazardous
waste permit program for owners and
operators of hazardous waste treatment,
storage, and disposal facilities.
12/2/1983
Last amended
12/7/2017.
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Coal Combustion
Residuals (CCR)
401 KAR 46
Hazardous
Waste
Management
and Disposal
Establishes standards for the disposal of coal
combustion residuals (CCR), defined as fly
ash, bottom ash, boiler slag, and flue gas
desulfurization materials generated from
burning coal for the purpose of generating
electricity. Requires operators of CCR units
to obtain a permit and outlines the standards
and procedures for such permits.
5/5/2017
16
Water Quality
Standards
401 KAR 10
Water
Pollution
Establishes minimum water quality
standards which apply to all surface waters
of the Commonwealth of Kentucky. In
addition, designates protected uses of
surface waters and establishes a general
antidegradation policy to protect water
quality at a level above that necessary to
support wildlife and recreation.
7/8/2016
Last amended
12/5/1979.
17
Water Quality
401 KAR 5
Water
Pollution
This chapter establishes the Kentucky
Pollutant Discharge Elimination System
(KPDES) applicable to specified point
sources of water pollution and other general
water quality requirements. The KPDES
provisions include pretreatment
requirements and criteria and standards and
administration of the KPDES permits. The
general water quality rules in this chapter
relate to permits to construct, modify, or
operate sewage systems; spills and bypasses
to be reported; and groundwater protection
plans, among other subjects.
7/2/1975
Amendments to this
regulation approved but
not yet effective.
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1
Air Quality
Division Annual
Reporting
Michigan
Administrative
Code R 336.202
Air Pollution
The Michigan Department of Environmental
Quality may determine that information on
the quantity and composition of an air
contaminant emitted from a commercial,
industry, or governmental source
necessitates that the source submit an annual
report on the quantity and composition of
the emission in order to estimate quantities
and discharges of the air contaminant.
Report to be submitted not later than March
15th of each year following the Department
of Environmental Quality's notification to
the source.
1980
Last amended 1987.
210
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Air Quality
Division
Continuous
Emission
Monitoring
Michigan
Administrative
Code R
336.2101-2199
Air Pollution
June 2019
Regulations requiring installation of
continuous monitoring systems for certain
facilities, including fossil fuel-fired steam
generators and coal-fired electric generating
units. Fossil fuel-fired steam generators
must install a continuous monitoring system
to monitor: 1) opacity; 2) sulfur dioxide; 3)
nitrogen oxides; 4) oxygen/carbon dioxide
percentage. Owners or operators of coal-
fired electric generating units must also
install continuous monitoring system or
sorbent trap monitoring system for mercury.
Regulations further establish performance
specifications, calibration gases, cycling
times, zero and drift, instrument span,
monitor location, performance testing
notifications, and quality assurance
requirements for continuous emission
monitoring systems. Owners and operators
must also provide a written report within 30
days of the end of each calendar quarter and
maintain a file of all information reported
for a minimum of two years from date of
collection.
1980
Last amended 1987.
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3
Air Quality
Division
Prevention of
Significant
Deterioration of
Air Quality
Michigan
Administrative
Code R
336.2801-2823
Air Pollution
(1) This part applies to the construction of a
new major stationary source
or a project at an existing major stationary
source in an area designated as attainment or
unclassifiable under sections
107(d)(l)(A)(ii) or (iii) of the clean air act.
(2) The requirements of R 336.2810 to R
336.2818 apply to the construction of any
new major stationary source or the major
modification of any existing major
stationary
source, except as this rule otherwise
provides.
(3) No new major stationary source or major
modification to which R 336.2810 to R
336.2818(2) apply shall begin actual
construction without a permit to install
issued underR 336.1201(l)(a) that states
that the major stationary source or major
modification will meet those requirements.
2006
Last amended 1987.
4
Air Quality
Division New
Source Review
for Major Sources
Impacting
Nonattainment
Areas
Michigan
Administrative
Code R
336.2901-2908
Air Pollution
This part applies to the construction of each
new major stationary
source or major modification that is both of
the following:
(a) Located in a nonattainment area.
(b) Major for the pollutant for which the
area is designated nonattainment.
For areas designated as nonattainment for
ozone, this part shall apply only to any
new major stationary source or major
modification that is major for volatile
organic
compounds or nitrogen oxides.
2008
Last amended 1987.
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5
Hazardous Waste
Management Part
9 Hazardous
Waste Emergency
Michigan
Administrative
Code R
299.9901-9903
Emergency
Planning and
Response
The director, or his or her designee, shall
declare a hazardous waste
emergency based on the following criteria:
(a) The waste meets the criteria of section
3(3) of part 111 of the act.
(b) A determination and oral or written
report by on-scene emergency response staff
to
the director, or his or her designee, that the
hazardous wastes or hazardous waste
constituents have entered the environment or
might enter the environment without
corrective action or that corrective action
must be taken to eliminate a threat to the
environment or public health, safety, and
welfare.
(c) The use of the hazardous waste service
fund is needed to initiate or complete the
corrective action.
(2) If a hazardous waste emergency is
declared, it shall be declared ended by the
director, or his or her designee, when the
threat to the environment has ended.
1985
Last amended 1987.
6
Occupational
Health Standards
Hazardous Waste
Operations and
Emergency
Response
Michigan
Administrative
Code R
325.52101-52135
Emergency
Planning and
Response
These rules prescribe the requirements for
safety and health programs,
training, medical surveillance, control
methods, sanitation, and personal protective
equipment for employees who are involved
in hazardous waste operations and
response to chemical emergencies.
1991
Last amended 1987.
213
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General Industry
Safety and Health
Standard Electric
Power
Generation,
Transmission, and
Distribution
Michigan
Administrative
Code R
408.18601-18610
Emergency
Planning and
Response
June 2019
This standard establishes the work practices
to be used during the
operation and maintenance of electrical
power generation, transmission, and
distribution
facilities. These rules apply to all of the
following:
(a) Enclosed spaces.
(b) Hazardous energy control.
(c) Working near energized parts.
(d) Grounding for employee protection.
(e) Underground and overhead installations.
(f) Line clearance tree trimming.
(g) Substations and generating plants.
(h) Other conditions and equipment unique
to the generation, transmission, and
distribution of electric energy.
1995
Last amended 1987.
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(1) All response activities shall be protective
of the public health, safety, and
welfare and the environment. Applicable
generic cleanup criteria established by the
department pursuant to section 20120a(l)
and site specific cleanup criteria approved
by
the department under section 20120a(2) and
20120b of the act and these rules reflect the
department's judgment, at the time the
criteria are established or approved by the
department, about the numerical criteria
required to meet this protectiveness
requirement,
subject to the provisions of R 299.4(3), R
299.28, and R 299.34(2).
(2) The rules in this part apply to interim
response activities that are designed to meet
cleanup criteria. References in this part to
response activity also include those interim
response activities.
Gives general cleanup requirements for
groundwater, drinking water, etc.
8
Remediation and
Redevelopment
Division Cleanup
Criteria
Requirements for
Response Activity
Michigan
Administrative
Code R 299.1-
299.5
Hazardous
Substances
Management
2013
Last amended 1987.
215
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Occupational
Health Standards
Process Safety
Management of
Highly Hazardous
Chemicals
Michigan
Administrative
Code R
325.18301-18303
Hazardous
Substances
Management
June 2019
(1) This standard establishes the minimum
requirements for preventing or
minimizing the consequences of catastrophic
releases of toxic, reactive, flammable, or
explosive chemicals. These releases may
result in toxic, fire, or explosion hazards.
(2) The regulations adopted by R 325.18302
shall apply to all workplaces pursuant
to the provisions of these rules.
(3) The manufacture of explosives, as
defined in General Industry Safety Standard
Part 55 "Explosives and Blasting Agents,"
as referenced in R 325.18303, shall be in
compliance with the requirements contained
in the provisions of these rules.
(4) The manufacture of pyrotechnics as
defined in General Industry Safety Standard
Part 55 "Explosives and Blasting Agents,"
as referenced in R 325.18303, shall be in
compliance with the provisions of these
rules.
1993
Last amended 1987.
216
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General Industry
Safety Standards
Process Safety
Management of
Highly Hazardous
Chemicals
Michigan
Administrative
Code R
408.19101-19103
Hazardous
Substances
Management
June 2019
(1) This standard applies to the
manufacturing of explosives and
pyrotechnics. These rules do not apply to the
sale and use, such as public displays, of
pyrotechnics, commonly known as
fireworks, or to the use of explosives in the
form
prescribed in the official United States
pharmacopeia.
(2) The manufacture of explosives, as
defined in General Industry Safety Standard
Part 55 "Explosives and Blasting Agents,"
as referenced inR 408.19102, shall be in
compliance with the requirements contained
in the provisions of these rules.
(3) The manufacture of pyrotechnics as
defined in General Industry Safety Standard
Part 55 "Explosives and Blasting Agents,"
as referenced inR 408.19102, shall be in
compliance with the provisions of these
rules.
1993
Last amended 1987.
217
-------
General Industry
Safety Standards
Hazardous
Communication
Michigan
Administrative
Code R
408.19201-19204
Hazardous
Substances
Management
June 2019
(1) These rules establish requirements to
ensure that the hazards of all
chemicals produced or imported by
chemical manufacturers or importers are
evaluated
and that information concerning the hazards
is transmitted to affected employers and
communicated to employees. These rules
establish requirements to ensure that
markings,
placards, and labels required on hazardous
materials and explosives, both in
transportation and at stationary facilities, are
retained until the materials have been
removed to the extent that the materials do
not pose a hazard.
(2) The regulations adopted by R 408.19202
shall apply to all chemical
manufacturers, chemical importers, and
employers pursuant to the provisions of
29 C.F.R. §1910.1200.
1995
Last amended 1987.
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12
Hazardous Waste
Management Part
2 Identification of
Hazardous Waste
Michigan
Administrative
Code R
299.9201-9234
Hazardous
Waste
Management
and Disposal
(1) This part identifies only some of the
materials which are hazardous
wastes under sections 46 and 48 of part 111
of the act. A material which is not a
hazardous waste identified in this part is still
a hazardous waste for purposes of those
sections if, in the case of section 46 of part
111 of the act, the director has reason to
believe that the material may be a hazardous
waste within the meaning of section 3 of
part 111 of the act, and, in the case of
section 48 of part 111 of the act, the
statutory
elements are established.
(2) The explanation of waste contained in
this part applies only to wastes that also are
hazardous for purposes of the rules
implementing part 111 of the act. For
example, it does not apply to materials such
as nonhazardous scrap, paper, textiles, and
rubbers that are not otherwise hazardous
wastes and are recycled.
1985
Last amended 1987.
13
Hazardous Waste
Management Part
3 Generators of
Hazardous Waste
Michigan
Administrative
Code R
299.9301-9313
Hazardous
Waste
Management
and Disposal
This part establishes requirements for
generators of hazardous waste. A generator
who treats, stores, or disposes of hazardous
waste on-site shall comply. Requirements
include site identification, manifest
requirements, pre-transport requirements,
accumulation time, recordkeeping,
reporting, exporting and importing of
hazardous waste, land disposal restrictions,
etc.
1985
Last amended 1987.
219
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Hazardous Waste
Management Part
4 Transporters of
Hazardous Waste
Michigan
Administrative
Code R
299.9401-9413
Hazardous
Waste
Management
and Disposal
June 2019
(1) This part applies to transporters of
hazardous waste if the transportation
requires a manifest under part 3 of these
rules, and transporters operating under R
299.9304(3).
(2) This part does not apply to on-site
transportation of hazardous waste either by
generators or by owners or operators of
licensed hazardous waste treatment, storage,
or disposal facilities.
Requirements: A person shall not engage in
the transportation of hazardous wastes
by highway within, into, or through this
state without being registered and permitted
in
accordance with act 138. A transporter shall
not transport hazardous wastes without
having received a site identification number.
Also covers transfer facility requirements,
Consolidation and commingling of
hazardous waste, Transporter vehicle
requirements, Transporter facility
inspections, Transporter vehicle inspections,
Transporter manifest and recordkeeping
requirements, Hazardous waste discharges,
and Land disposal restrictions.
1985
Last amended 1987.
220
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15
Hazardous Waste
Management Part
5 Construction
Permits and
Operating
Licenses
Michigan
Administrative
Code R
299.9501-9525
Hazardous
Waste
Management
and Disposal
Covers the physical construction of a new
treatment, storage, or disposal facility, the
expansion or enlargement beyond the
previously authorized design capacity or
area of a treatment, storage, or disposal
facility, the alteration of the method of
treatment or disposal previously authorized
at a treatment or disposal facility to a
different method of treatment or disposal
1985
Last amended 1987.
16
Hazardous Waste
Management Part
6 Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal Facility
Michigan
Administrative
Code R
299.9601-9640
Hazardous
Waste
Management
and Disposal
The standards in this part apply to owners
and operators of all facilities that treat, store,
or dispose of hazardous waste, except as
otherwise specifically provided in these
rules.
Covers Environmental and human health
standards, Location standards, Facility
design and operating standards, General
requirements for owners and operators,
Preparedness and prevention, Contingency
plans and emergency procedures, Use of
manifest systems, Operating records;
availability; retention and disposition of
records, Reporting, Environmental
monitoring, Groundwater monitoring,
Closure and postclosure, Use and
management of containers, Tank systems,
Surface impoundments, Waste piles, Land
treatment, Landfills, Liner requirements for
landfills, surface impoundments, and waste
piles, Quality control for landfills, surface
impoundments, and waste piles, Leak
detection systems, Incinerators, Land
disposal restrictions, and more.
1985
Last amended 1987.
221
-------
Hazardous Waste
Management Part
8 Management of
Specific
Hazardous Waste,
Specific Types of
Hazardous Waste
Management
Facilities, and
Used Oils
Michigan
Administrative
Code R
299.9801-9823
Hazardous
Waste
Management
and Disposal
June 2019
The requirements of this rule apply to
recyclable materials that are applied
to or placed on the land in either of the
following ways:
(a) Without mixing with any other
substance.
(b) After mixing or combining with any
other substance or substances.
Cover Recyclable materials used in manner
constituting disposal, Recyclable materials
utilized for precious metals recovery, Spent
lead acid batteries being reclaimed,
Management of hazardous waste burned in
boilers and industrial
furnaces, Used oil regulation applicability
and requirements, Used oil collection
centers and aggregation points;
requirements, Used oil transporters and
transfer facilities; requirements, Used oil
processors and rerefiners; requirements,
Used oil burners who burn off-specification
used oil for energy recovery; requirements,
Used oil fuel marketers; requirements, Used
oil disposal; requirements, and Military
munitions.
1985
Last amended 1987.
222
-------
Water Resource
Protection Water
Quality Standards
Michigan
Administrative
Code R
323.1041-1117
Water
Pollution
June 2019
The purpose of the water quality standards
as prescribed by these rules is to establish
water quality requirements applicable to the
Great Lakes, the connecting waters, and all
other surface waters of the state, to protect
the public health and welfare, to enhance
and maintain the quality of water, to protect
the state's natural resources, and to serve the
purposes of Public Law 92-500, as amended,
33 U.S.C. 1251 et seq., Part 31, Water
Resources Protection, 1994 PA 451, MCL
324.3101 to 324.3119, and the Great Lakes
water quality agreement enacted November
22, 1978, and amended in 1987. These
standards may not reflect current water
quality in all cases. Water quality of certain
surface waters of the state may not meet
standards as a result of natural causes
or conditions unrelated to human influence.
Where surface waters of the state may
have been degraded due to past human
activities and attainment of standards in the
near future is not economically or
technically achievable, these standards shall
be used
to improve water quality. These standards
are the minimum water quality requirements
by which the surface waters of the state shall
be managed.
1994
Last amended 1987.
223
-------
Water Resource
Protection Water
Quality-based
Effluent Limit
Development for
Toxic Substances
Michigan
Administrative
Code R
323.1201-1221
Water
Pollution
June 2019
The rules in this part shall be used to
establish toxic substance water quality based
effluent limits (WQBELs) for point source
discharges that are protective of the
designated uses of the surface waters of the
state as established inR 323.1100. WQBELs
for certain toxic substances may be very low
and, in some cases, less than what current
analytical techniques can detect or quantify.
In some effluents, the low levels may not be
amenable to regulatory control through end-
of-pipe treatment technology in a cost-
effective manner. To achieve compliance
with the low WQBELs and associated
regulatory requirements, the department is
committed to, and strongly encourages, the
use of pollution prevention, source control,
and other waste minimization programs.
End-of-pipe treatment for the low WQBELs
which is extraordinary or beyond that which
would be necessary if not for the low
WQBELs will not be required by the
department unless it is determined to be the
most cost-effective means or the only means
to achieve the applicable water quality-
based effluent limit. The provisions of R
323.1103 may provide an alternative to
extraordinary end- of-pipe treatment where
such treatment would result in unreasonable
economic effects on the discharger.
1997
Last amended 1987.
224
-------
Environmental
Response
Division
Treatment Plant
Operators
Michigan
Administrative
Code R
323.1251-1259
Water
Pollution
June 2019
Rule 251. Section 6a of Act No. 245 of the
Public Acts of 1929, as added by Act No.
209 of the Public Acts of 1968 and amended
by Act No. 129 of the Public Acts of 1972,
being S323.206a of the Michigan Compiled
Laws, requires that every industrial or
commercial entity which discharges liquid
wastes into any surface or ground waters or
underground or on the ground other than
through a public sanitary sewer shall have
waste treatment or control facilities under
the specific supervision and control of
persons who have been certified by the
water resources commission as being
properly qualified to operate the facilities.
These rules set forth the requirements for
certification of such operators.
1979
Last amended 1987.
225
-------
Water Resource
Protection
Wastewater
Discharge Permits
Michigan
Administrative
Code R
323.2101-2197
Water
Pollution
June 2019
These rules are being processed to
implement the 1972 amendments to part 31
of the act which authorized the initiation of a
waste or waste effluent discharge permit
system compatible with the national
pollutant discharge elimination system
(NPDES). The NPDES has been initiated by
the federal Congress through the enactment
of the federal water pollution control act
amendments of 1972, (33 U.S.C. §1251 et
seq.). In general, the rules outline all of the
following:
(a) The procedures by which all persons
discharging wastes into the waters of the
state shall apply for waste or waste effluent
discharge permits as required by part 31 of
the act.
(b) Exceptions to procedural requirements.
(c) Public participation procedures and
hearings on permit applications.
(d) Procedures by which permits are issued
or denied by the department.
(e) Appeals procedures.
(f) Permit conditions and monitoring of
waste or wastewater discharges.
1979
Last amended 1987.
226
-------
June 2019
22
Environmental
Response
Division
Pretreatment
Michigan
Administrative
Code R
323.2301-2317
Water
Pollution
(1) These rules are promulgated to
implement the pretreatment responsibilities
under the clean water act and the act. These
rules establish responsibilities of state and
local government, industry, and the public to
control pollutants which pass-through or
interfere with treatment processes in
publicly
owned treatment works, which may
contaminate sewage sludge, or which cause
publicly owned treatment works' worker
health and safety problems.
(2) These rules apply to nondomestic users
that discharge pollutants to a publicly
owned treatment works either directly or
indirectly, including by truck, rail, or any
other
means of discharge, and apply to publicly
owned treatment works that receive
pollutants from nondomestic users which are
subject to pretreatment standards.
1995
Last amended 1987.
23
Waste
Management
Division Water
Resource
Protection
Michigan
Administrative
Code R
324.2001-2009
Water
Pollution
Establishes rules for Oil storage and on-land
facilities: surveillance, secondary
containment, pollution incident prevention
plans, pollution incident reports, and
enforcement. The rule also provides a table
of polluting materials.
2001
Last amended 1987.
227
-------
June 2019
Table G. Minnesota: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities
228
-------
June 2019
Minnesota Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
1
Standards for
Stationary
Sources: Coal
Handling
Facilities
Minnesota
Administrative
Rules, Chapter
7011.1100-1140
Air Pollution
Requires all new coal handling facilities or
existing coal handling facilities within the
Minneapolis-St. Paul Air Quality Control
Region or the within the boundaries of the
city of Duluth to perform abatement
measures, including the installation of
concrete or asphalt access road surfaces, the
water, oil, or chemical agent treatment of
access roads and areas, controlling fugitive
particulate emissions from loading stations
and stockpiles, and reducing opacity in
enclosed coal handling facilities.
2/25/2008
Last amended
1/27/2017.
229
-------
June 2019
2
Air Emissions
Permits
Minnesota
Administrative
Rules, Chapter
7007.0050-3010
Air Pollution
Parts 7007.0100 to 7007.1850 apply to the
issuance of permits to construct, modify,
reconstruct, or operate emissions units,
emission facilities, or stationary sources that
emit any air pollutant, and to the revocation,
reissuance, or amendment of those permits.
Parts 7007.0100 to 7007.1850 apply to
permits issued to owners and operators of
stationary sources requiring permits under
federal law at Code of Federal Regulations,
title 40, part 70, as amended (Operating
Permit Program), or under part C
(Prevention of Significant Deterioration of
Air Quality) or part D (Plan Requirements in
Nonattainment Areas) of the act, or under
section 112(g)(2)(B) of the act (hazardous
air pollutants), and to stationary sources
requiring permits solely under state law.
Owners and operators of sources proposing
construction or modifications subject to
parts C and D of the act are subject to the
permitting requirements of part 7007.3000,
incorporating by reference the provisions of
Code of Federal Regulations, title 40,
section 52.21, or parts 7007.4000 to
7007.4040 in addition to parts 7007.0100 to
7007.1850.
1/24/2013
Last amended
1/27/2017.
3
Minnesota
Ambient Air
Quality Standards
Minnesota
Administrative
Rules, Chapter
7009.0080
Air Pollution
Establishes air quality standards for
hydrogen sulfide, ozone, carbon monoxide,
sulfur dioxide, total suspended particulate,
nitrogen dioxide, lead, particulate matter -
10, and particulate matter - 2.5.
1/27/2017
Last amended
1/27/2017.
230
-------
June 2019
4
Air Pollution
Episodes
Minnesota
Administrative
Rules, Chapter
7009.1000-1110
Air Pollution
Establishes level of contamination of sulfur
dioxide, carbon monoxide, and nitrous
dioxide at which points air pollution alerts,
warnings, emergencies, and significant harm
events would be declared. Also sets
procedures for declaring an air pollution
episode and the required procedure upon the
declaration of an episode, as well as the
emissions objectives by facility type,
including coal or oil-fired electric power
generating facilities, during an episode. All
owners and operators of emission facilities
or stationary sources in an area of the state
that has experienced an episode in the
previous ten years is required to submit an
episode emission reduction plan to the
Minnesota Pollution Control Agency.
4/18/2000
Last amended
4/18/2000.
5
Standards for
Stationary
Sources
Minnesota
Administrative
Rules, Chapter
7011
Air Pollution
Establishes more stringent emissions
standards than the federal New Source
Performance Standards. Requires all owners
and operators of a stationary sources to
attain minimum control efficiency for
equipment at the source.
For coal-fired electric generating units, sets
additional mercury control requirements.
Also includes standards for visible air
contaminants, airborne particulate matter,
indirect heating fossil-fuel-burning
equipment, and direct heating fossil-fuel-
burning equipment.
2/25/2008
Last amended
1/27/2017.
231
-------
Standards for
Stationary
Sources:
Emission
Standards for
Visible Air
Contaminants
Minnesota
Administrative
Rules, Chapter
7011.0100-0120
Air Pollution
June 2019
Visible emission restrictions for new and
existing facilities and standards for
performance tests. No owner or operator of
a new emission facility to which parts
7011.0100 to 7011.0115 are applicable shall
cause to be discharged into the atmosphere
from the facility any gases which exhibit
greater than 20 percent opacity. For the
purposes of this part, "new emission
facility" means an emission facility on
which construction, modification, or
reconstruction commenced after January 31,
1977. No owner or operator of an existing
emission facility to which parts 7011.0100
to 7011.0115 are applicable shall cause to be
discharged into the atmosphere from the
facility any gases which exhibit greater than
20 percent opacity; except for one six-
minute period per hour of not more than 33
percent opacity. An exceedance of this
opacity standard occurs whenever any one-
hour period contains two or more six-minute
periods during which the average opacity
exceeds 20 percent or whenever any one-
hour period contains one or more six-minute
periods during which the average opacity
exceeds 33 percent. For the purposes of this
part, "existing emission facility" means an
emission facility on which construction,
modification, or reconstruction did not
commence after January 31, 1977.
2/25/2008
Last amended
2/25/2008.
232
-------
June 2019
7
Nitrogen Oxide
Emission
Reduction
Requirements for
Affected Sources
Minnesota
Administrative
Rules, Chapter
7011.0553
Air Pollution
Affected sources, as defined in part
7007.0100, subpart 4, shall comply with
Code of Federal Regulations, title 40, part
76, as amended, entitled "Acid Rain
Nitrogen Oxides Emission Reduction
Program," which is adopted and
incorporated by reference.
2/25/2008
8
Standards for
Stationary
Sources: Control
of Mercury from
Electronic
Generating Units
Minnesota
Administrative
Rules, Chapter
7011.0561
Air Pollution
The owners or operators of a coal-fired
electric generating unit that have
demonstrated actual mercury emissions of
five pounds per year or more must comply
with this part, except as provided under
subpart 3.
2/3/2015
Last amended 2/3/2015.
9
Emissions
Standards for
Hazardous Air
Pollutants
Minnesota
Administrative
Rules, Chapter
7011-7000-9990
Air Pollution
For purposes of interpreting, applying, and
enforcing National Emission Standards for
Hazardous Air Pollutants for Source
Categories that are incorporated by
reference into this chapter, Code of Federal
Regulations, title 40, sections 63.1, 63.2,
63.3, 63.4, 63.5, 63.6, 63.11, and 63.14, as
amended, are adopted and incorporated by
reference.
All requests, reports, applications,
submittals, and other communications to the
administrator pursuant to National Emission
Standards for Hazardous Air Pollutants for
Source Categories that are incorporated by
reference into this chapter must be
submitted to the commissioner.
2/25/2008
Last amended
1/27/2017.
233
-------
Monitoring and
Testing
Requirements
Minnesota
Administrative
Rules, Chapter
7017
Air Pollution
June 2019
Establishes continuous monitoring system
requirements and performance testing
requirements for emission facilities.
Incorporates federal monitoring and testing
requirements, and adds requirements to
submit quarterly excess emission reports,
precertification test requirements, and
performance test certification procedures.
11/29/2007
Last amended
11/29/2007.
234
-------
June 2019
11
Stratospheric
Ozone Protection
Minnesota
Administrative
Rules, Chapter
7027
Air Pollution
Subpart 1. Servicing of motor vehicle air
conditioners. Code of Federal Regulations,
title 40, part 82, subpart B, as amended,
entitled "Servicing of Motor Vehicle Air
Conditioners," and the corresponding
appendixes, as amended, are adopted and
incorporated by reference, except:
A. Code of Federal Regulations, title 40,
section 82.30(a), is not included; and
B. references to the administrator under
Code of Federal Regulations, title 40, part
82, subpart B, do not include the
commissioner, with the exception of Code
of Federal Regulations, title 40, sections
82.40(f), first occurrence of administrator
only, and 82.42(b)(5).
Subp. 2. Servicing and recycling appliances
and emissions reduction. Code of Federal
Regulations, title 40, part 82, subpart F, as
amended, entitled "Recycling and Emissions
Reduction," and the corresponding
appendixes, as amended, are adopted and
incorporated by reference, except:
A. Code of Federal Regulations, title 40,
sections 82.150(a), 82.152(x), 82.154(1),
82.161, and 82.166(1), are not included; and
B. references to the administrator under
Code of Federal Regulations, title 40, part
82, subpart F, do not include the
commissioner.
10/18/2007
Last amended
10/18/2007.
12
Occupational
Safety and Health
Standards
Minnesota
Administrative
Rules, Chapter
5205.0010-1500
Emergency
Planning and
Response
Incorporates federal standards by reference.
6/11/2008
Last amended
5/24/2018.
235
-------
June 2019
13
Hazardous
Substances;
Employee Right-
to-Know
Minnesota
Administrative
Rules, Chapter
5206.0100-2000
Emergency
Planning and
Response
The standards in this chapter implement the
provisions of the Employee Right-to-Know
Act of 1983. These standards require
employers to evaluate their workplaces for
the existence of hazardous substances,
harmful physical agents, and infectious
agents and to provide training and
information to those employees covered
under this act who are routinely exposed to
those substances and agents.
6/11/2008
14
Hazardous Waste
Facility Permits
Minnesota
Administrative
Rules, Chapter
7001.0500-0730
Hazardous
Substances
Management
Parts 7001.0010 to 7001.0210 and
7001.0500 to 7001.0730 govern the
application procedures, the issuance, and the
conditions of hazardous waste facility
permits. Chapter 7000 and parts 7001.0010
to 7001.0210 and 7001.0500 to 7001.0730
shall be construed to complement each
other.
7/13/2009
236
-------
June 2019
15
Management of
Used Oil
Minnesota
Administrative
Rules, Chapter
7045.0790-0990
Hazardous
Substances
Management
Parts 7045.0790 to 7045.0990 identify those
materials that are and are not subject to
regulation as used oil under parts 7045.0790
to 7045.0990. For reporting purposes, the
waste number for used oil that is not
intended for recycling or that is managed as
hazardous waste is the appropriate
hazardous waste number for any waste listed
in part 7045.0135 contained in the used oil,
the appropriate hazardous waste number for
any hazardous waste characteristic of part
7045.0131 the used oil displays, or, if no
other waste numbers are applicable, MN04.
Parts 7045.0790 to 7045.0990 also identify
parties who are subject to the requirements
of parts 7045.0790 to 7045.0990 for the
used oil activities they perform, and the
requirements they must follow.
10/10/2013
Last amended
10/10/2013.
16
Land Disposal
Restrictions
Minnesota
Administrative
Rules, Chapter
7045.1390
Hazardous
Substances
Management
Code of Federal Regulations, title 40, part
268, as amended, land disposal restrictions,
is incorporated by reference, except as
provided in subparts 2 to 5.
10/10/2013
Last amended
10/10/2013.
17
Identification and
Listings of
Hazardous Waste
Minnesota
Administrative
Rules, Chapter
7045.0102-
7045.0200
Hazardous
Waste
Management
and Disposal
Covers mixtures of wastes, treatability,
exemptions, basis for listing hazardous
wastes, and a list.
10/10/2013
237
-------
Standards
Applicable to
Generators of
Hazardous Waste
Minnesota
Administrative
Rules, Chapter
7045.0205-0350
Hazardous
Waste
Management
and Disposal
June 2019
Subpart 1. Applicability to generators. Parts
7045.0205 to 7045.0325 apply to generators
of hazardous waste. A generator shall
comply with the generator requirements
applicable to generator size as determined
under part 7045.0206.
Subp. 2. Applicability to transporters. The
standards applicable to generators
established in parts 7045.0205 to 7045.0325
apply to transporters of hazardous waste if a
transporter transports hazardous waste into
Minnesota from a foreign country or mixes
hazardous waste of different United States
Department of Transportation shipping
descriptions by placing them into a single
container as provided in part 7045.0355.
Subp. 3. Applicability to owners or
operators of hazardous waste facilities. The
standards applicable to generators
established in parts 7045.0205 to 7045.0325
apply to owners or operators of hazardous
waste treatment, storage, or disposal
facilities if a hazardous waste facility
initiates a shipment of hazardous waste as
provided in parts 7045.0472 and 7045.0578.
10/10/2013
Last amended
10/10/2013.
238
-------
June 2019
19
Standards
Applicable to
Transporters of
Hazardous Waste
Minnesota
Administrative
Rules, Chapter
7045.0351-.0430
Hazardous
Waste
Management
and Disposal
The provisions of parts 7045.0355 to
7045.0391 establish standards that apply to
persons transporting hazardous waste that
originates or terminates within the state of
Minnesota if the transportation requires a
manifest under parts 7045.0205 to
7045.0304. Parts 7045.0395 and 7045.0397
apply to the transportation of all hazardous
waste within the state of Minnesota. Covers
ID numbers, transfer facility requirements,
manifest, record keeping, and more.
10/10/2013
Last amended
10/10/2013.
20
Facility Standards
Minnesota
Administrative
Rules, Chapter
7045.0450-0551
Hazardous
Waste
Management
and Disposal
Governs all standards for hazardous waste
facilities, including personnel training,
waste analysis requirements, location
standards, preparedness and prevention,
reporting requirements, manifest,
postclosure care, financial assurance for
corrective action, land treatment, landfills,
drip pads, containers, and more.
10/10/2013
Last amended
10/10/2013.
239
-------
Interim Status
Standards
Minnesota
Administrative
Rules, Chapter
7045.0552-0650
Hazardous
Waste
Management
and Disposal
June 2019
Parts 7045.0552 to 7045.0649 establish
minimum standards for the management of
hazardous waste during the period of interim
status and until certification of final closure
or, if the facility is subject to postclosure
requirements, until postclosure
responsibilities are fulfilled. Except as
provided in Code of Federal Regulations,
title 40, section 265.1080(b), as incorporated
in part 7045.0645, the standards in parts
7045.0552 to 7045.0649, and the standards
for the corrective action management units
in part 7045.0545, temporary units in part
7045.0546, and staging piles in part
7045.0547, apply to: (1) owners and
operators of facilities that treat, store, or
dispose of hazardous waste who have fully
complied with the requirements for interim
status under chapter 7001 and section
3005(e) of the federal Resource
Conservation and Recovery Act (RCRA)
until either a permit is issued under chapter
7001 and section 3005 of RCRA or until
applicable interim status closure and
postclosure responsibilities are fulfilled and
(2) those owners and operators of facilities
in existence on November 19, 1980, who
have failed to provide timely notification as
required by section 3010(a) of RCRA or
failed to file Part A of the permit application
in chapter 7001.
10/10/2013
Last amended
10/10/2013.
240
-------
June 2019
22
Management of
Specific
Hazardous
Wastes and
Specific Types of
Hazardous Waste
Management
Facilities
Minnesota
Administrative
Rules, Chapter
7045.0652-.0780
Hazardous
Waste
Management
and Disposal
Covers disposal of hazardous waste,
recyclable hazardous waste used for
precious metal recovery, lead-acid batteries,
household batteries, and hazardous waste
burned for energy recovery.
10/10/2013
Last amended
10/10/2013.
23
Universal Waste
Minnesota
Administrative
Rules, Chapter
7045.1400
Hazardous
Waste
Management
and Disposal
Adoption. The requirements of Code of
Federal Regulations, title 40, part 273, as
amended, regulating the management of
universal waste, are adopted and
incorporated by reference except as
specified in subpart 2. In addition, the
provisions of part 7045.0090 also apply.
10/10/2013
Last amended
10/10/2013.
24
Hazardous Waste
Permit Clearance
Minnesota
Administrative
Rules, Chapter
9205.0100-0608
Hazardous
Waste
Management
and Disposal
The purpose of parts 9205.0500 to
9205.0560 is to establish a procedure to
assure that hazardous waste facility
operators have the necessary technical and
business competence. Parts 9205.0500 to
9205.0560 are not intended to duplicate the
review required under Pollution Control
Agency permitting authority.
2/1/2005
25
Sewage Sludge
Management
Minnesota
Administrative
Rules, Chapter
7041.0100-3400
Water
Pollution
The purpose of this chapter is to establish
requirements for the storage and land
application of sewage sludge that protect
public health and the environment. The
policy of the agency is to encourage the
beneficial use of sewage sludge as a
fertilizer or soil conditioner.
10/27/2003
Last amended
1/22/2014.
241
-------
June 2019
26
Wastewater
Pretreatment
Minnesota
Administrative
Rules, Chapter
7049
Water
Pollution
This chapter implements the requirements of
the federal general pretreatment regulations
in Code of Federal Regulations, title 40, part
403, and the pretreatment provisions of
national categorical pretreatment regulations
in Code of Federal Regulations, title 40,
chapter I, subchapter N, and implements the
authorities of Minnesota Statutes, section
115.03, subdivision 1, paragraph (e), clause
(2). This chapter establishes the
responsibilities of the state, local
governments, and the public to control
pollutants introduced into a publicly owned
treatment works (POTW) and prevent the
introduction of pollutants into a POTW.
This chapter is intended to:
A. prevent or control the introduction of
pollutants that are incompatible with a
POTW plant;
B. prevent the pass-through of pollutants
through a POTW plant without adequate
treatment; and
C. prevent interference with a POTW
physical plant; collection system; physical,
chemical, or biological processes; personnel;
or disposal of residuals.
11/6/2008
Last amended
11/6/2008.
27
Underground
Storage Tanks
Training
Minnesota
Administrative
Rules, Chapter
7105
Water
Pollution
This chapter implements the requirement of
Minnesota Statutes, section 116.491, that the
agency require a person who installs,
repairs, or takes an underground storage
tank permanently out of service to first
obtain a certificate of competency from the
agency.
10/2/2007
Last amended
10/2/2007.
242
-------
June 2019
The requirements of this chapter apply to all
owners and operators of an underground
storage tank system as defined in part
7150.0030, except as otherwise provided in
this part.
Minnesota
Covers design and construction, operation
Underground
Administrative
and maintenance, release detection, and out-
Storage Tanks
Rules, Chapter
Water
of-service underground storage tank systems
28
Program
7150
Pollution
and closure.
10/26/2010
243
-------
June 2019
Table H. Missouri: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities
Missouri Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
1
Ambient Air
Quality Standards
10 CSR 10-6.010
Air Pollution
Adds standards for hydrogen sulfide and
sulfuric acid to the National Ambient Air
Quality Standards for six criteria pollutants.
2/11/1978
Last amended
2/28/2006.
2
New Source
Performance
Regulations
10 CSR 10-6.070
Air Pollution
The provisions of 40 CFR 60 promulgated
as of June 30, 2012, and Federal Register
Notices 77 FR 48433, 77 FR 49490, and 77
FR 56422 promulgated from July 1, 2012,
through December 31, 2012, shall apply and
are hereby incorporated by reference in this
rule, as published by the Office of the
Federal Register, U.S. National Archives
and Records, 700 Pennsylvania Avenue
NW, Washington, DC 20408
4/11/1980
Last amended
12/30/2013.
3
Maximum
Achievable
Control
Technology
Regulations
10 CSR 10-6.075
Air Pollution
This rule incorporates by reference the
maximum achievable control technology
regulations in 40 CFR 63, providing the
Missouri Department of Natural Resources
the authority to implement and enforce these
U.S. Environmental Protection Agency
regulations. Since EPA enforces some
subparts of 40 CFR 63 within Missouri, this
rule also specifies whether EPA or the
department is the enforcing authority for
each subpart.
12/30/1996
Last amended
7/30/2017.
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Emission
Standards for
Hazardous Air
Pollutants
10 CSR 10-6.080
Air Pollution
This rule incorporates by reference the
maximum achievable control technology
regulations in 40 CFR 61. This provides the
Missouri Department of Natural Resources
the authority to implement and enforce these
U.S. Environmental Protection Agency
regulations.
12/11/1982
Last amended
9/30/2018.
5
Reporting
Emission Data,
Emission Fees,
and Process
Information
10CSR 10-6.110
Air Pollution
This rule provides procedures for reporting
emission related information and
establishing emission fees for the purpose of
state air resource planning. This rule applies
to any installation that is subject to any one
(1) of the following:
(A) Notifies and accepts a permit-by-rule
under 10 CSR 10-6.062;
(B) Is required to obtain a construction
permit under 10 CSR 10-6.060; or
(C) Is required to obtain an operating permit
under 10 CSR 10-6.065
6/13/1984
Last amended
3/30/2015.
6
Measurement of
Emissions
of Air
Contaminants
10 CSR 10-6.180
Air Pollution
This rule provides that upon request any
source shall complete, or have completed,
tests of emissions or, at the option of the
agency, make the source available for tests
of emissions.
8/2/1990
Last amended
12/31/1990.
7
Sewage Sludge
and Industrial
Waste
Incinerators
10 CSR 10-6.190
Air Pollution
This rule incorporates by reference the
federal regulatory requirements for existing
sewage sludge incineration units in
Missouri. The evidence supporting the need
for this proposed rulemaking, per 536.016,
RSMo, is Federal Register Notice 76 FR
15372, dated March 21, 2011.
8/27/2012
Last amended
5/30/2013.
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Restriction of
Emission of
Visible Air
Contaminants
10 CSR 10-6.220
Air Pollution
This rule specifies the maximum allowable
opacity of visible air contaminant emissions,
unless specifically exempt or regulated by
10 CSR 10-6.070 and requires the use of
continuous monitoring systems (CMS) on
certain air contaminant emission units
11/30/1999
Last amended
12/30/2016.
9
Acid Rain Source
Permits
Required
10 CSR 10-6.270
Air Pollution
This rule establishes certain general
provisions and operating permit program
requirements for affected sources and
affected units under the federal Acid Rain
Program. The Missouri Department of
Natural Resources hereby adopts and
incorporates by reference the provisions of
40 CFR part 72, then 40 CFR part 73, 40
CFR part 75, 40 CFR part 76, 40 CFR part
77, and 40 CFR part 78 as in effect in the
Code of Federal Regulations on or after July
1993, for the purpose of establishing certain
general provisions and operating permit
program requirements for affected sources
and affected units under the federal Acid
Rain Program.
6/2/1994
Last amended
8/30/1999.
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Clean Air
Interstate Rule
Annual NOx
Trading Program
10 CSR 10-6.362
Air Pollution
This rule adopts the U.S. Environmental
Protection Agency's (EPA) regional trading
program for nitrogen oxides, which was
developed to meet the requirements of the
Clean Air Interstate Rule. The Clean Air
Interstate Rule was published on May 12,
2005. The evidence supporting the need for
this proposed rulemaking, per section
536.016, RSMo, is the U.S. Environmental
Protection Agency's Clean Air Interstate
Rule published on May 12, 2005.
10/2/2006
Last amended
2/28/2010.
11
Clean Air
Interstate Rule
S02 Trading
Program
10 CSR 10-6.366
Air Pollution
This rule adopts the U.S. Environmental
Protection Agency's (EPA) regional trading
program for sulfur dioxide, which was
developed to meet the requirements of the
Clean Air Interstate Rule. The evidence
supporting the need for this proposed
rulemaking, per section 536.016, RSMo, is
the U.S. Environmental Protection Agency's
Clean Air Interstate Rule published on May
12, 2005.
10/2/2006
Last amended
2/28/2010.
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Cross-State Air
Pollution
Rule Annual NOx
Trading
Allowance
Allocation
10 CSR 10-6.372
Air Pollution
The purpose of this rule is to reallocate
annual nitrogen oxides (NOx) emission
allowances for use with the U.S.
Environmental Protection Agency's (EPA's)
annual NOx regional emission reduction
program as established in the federal Cross-
State Air Pollution Rule (CSAPR) for 2017
and beyond. The federal CSAPR program
will continue to be administered by EPA.
The state rule only redistributes annual NOx
allowances. The evidence supporting the
need for this proposed rulemaking, per
section 536.016, RSMo, is the September
13, 2011, December 16, 2014, and March
24, 2015 affected industry meeting
summaries indicating general agreement to
reallocate unused NOx allowances to
municipalities that received zero (0)
allowances.
5/15/2015
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Cross-State Air
Pollution
Rule Ozone
Season NOx
Trading
Allowance
Allocations
10 CSR 10-6.374
Air Pollution
The purpose of this rule is to reallocate
ozone season nitrogen oxides (NOx)
emission allowances for use with the U.S.
Environmental Protection Agency's (EPA's)
ozone season NOx regional emission
reduction program as established in the
federal Cross-State Air Pollution Rule
(CSAPR) for 2017 and beyond. The federal
CS APR program will continue to be
administered by EPA. The state rule only
redistributes ozone season NOx allowances.
The evidence supporting the need for this
proposed rulemaking, per section 536.016,
RSMo, is the September 13, 2011,
December 16, 2014, and March 24, 2015
affected industry meeting summaries
indicating general agreement to reallocate
unused NOx allowances to municipalities
that received zero (0) allowances.
12/30/2015
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Cross-State Air
Pollution
Rule Annual S02
Trading
Allowance
Allocations
10 CSR 10-6.376
Air Pollution
The purpose of this rule is to reallocate
annual sulfur dioxide (S02) emission
allowances for use with the U.S.
Environmental Protection Agency's (EPA's)
annual S02 regional emission reduction
program as established in the federal Cross
State Air Pollution Rule (CSAPR) for 2017
and beyond. The federal CSAPR program
will continue to be administered by EPA.
The state rule only redistributes annual S02
allowances. The evidence supporting the
need for this proposed rulemaking, per
section 536.016, RSMo, is a November 7,
2011 email with agreement between Empire
District Electric Co. (Empire) and Kansas
City Power and Light (KCP&L) and
November 26, 2014 and March 24, 2015
meeting conference call notes.
12/30/2015
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Restriction of
Particulate
Matter Emissions
from Fuel
Burning
Equipment Used
for Indirect
Heating
10 CSR 10-6.405
Air Pollution
This rule restricts the emission of particulate
matter from fuel burning equipment used for
indirect heating except where 10 CSR 10-
6.070 would be applied. The evidence
supporting the need for this proposed
rulemaking, per section 536.016, RSMo, is a
necessity evidence memorandum dated
March 5, 2008. This rule applies to
installations in which fuel is burned for the
primary purpose of producing steam, hot
water, or hot air or other indirect heating of
liquids, gases, or solids and, in the course of
doing so, the products of combustion do not
come into direct contact with process
materials. Fuels may include but are not
limited to coal, tire derived fuel, coke,
lignite, coke breeze, gas, fuel oil, biomass,
and wood, but do not include refuse. When
any products or byproducts of a
manufacturing process are burned for the
same purpose or in conjunction with any
fuel, the same maximum emission rate
limitations shall apply.
10/30/2011
16
General
Organization
Missouri
Emergency
Response
Commission
11 CSR 10-
11.210
Emergency
Planning and
Response
This rule explains the formation of the
Missouri Emergency Response Commission
and its responsibilities under the Emergency
Planning and Community Right-to-Know
Act. Also explained is how to obtain
additional information regarding these
activities and where to make submittals
4/12/1984
Last amended
9/30/2004.
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Emergency
Notification
of Releases of
Hazardous
Substances and
Extremely
Hazardous
Substances
11 CSR 10-
11.230
Emergency
Planning and
Response
This rule establishes a statewide emergency
telephone number to notify Missouri
whenever a hazardous substance emergency
occurs and specifies the requirements for
emergency notification and follow-up
written notices in the event of a hazardous
substance emergency, the release of a
reportable quantity of a hazardous substance
and the release of a reportable quantity of an
extremely hazardous substance.
4/12/1984
Last amended
6/30/2002.
18
Recycled Used
Oil
Management
Standards
10 CSR 25-
11.279 R
Hazardous
Substances
Management
This rule incorporates by reference and
modifies the federal regulations in 40 CFR
part 279 and sets forth additional state
requirements
8/28/1994
Last amended
12/30/2015.
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Underground
Storage
Tanks—
Technical
Regulations
10 CSR 26-
2.010-2.083
Hazardous
Waste
Management
and Disposal
This rule defines the underground storage
tanks that are subject to the requirements of
this chapter. This rule contains the technical
standards for underground storage tanks.
This rule is designed specifically to protect
the quality of groundwater in the state as
well as to protect human health and the
overall quality of the environment. This rule
is promulgated on the authority of sections
319.100-319.137, RSMo, and, as directed
by this law, are based upon federal rules 40
CFR 280.10-40 CFR 280.74. The
requirements of this chapter apply to all
owners and operators of an underground
storage tank (UST) system as defined in 10
CSR 26-2.012, except as otherwise provided
in sections (2)- (4) of this rule. Any UST
system listed in section (3) of this rule must
meet the requirements of 10 CSR 26-2.011.
9/28/1990
Last amended
5/30/2017.
20
Standards
Applicable to
Generators of
Hazardous Waste
10 CSR 25-5.262
Hazardous
Waste
Management
and Disposal
This rule sets forth standards for generators
of hazardous waste, incorporates 40 CFR
part 262 by reference, and sets forth
additional state standards.
10/1/1986
Last amended
12/20/2015.
21
Standards for
Transporters
of Hazardous
Waste
10 CSR 25-6.263
Hazardous
Waste
Management
and Disposal
This rule sets forth standards for transporters
of hazardous waste, incorporates 40 CFR
part 263 and certain regulations in 49 CFR
by reference, and sets forth additional state
standards.
10/1/1986
Last amended
12/30/2015.
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Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities
10 CSR 25-7.264
Hazardous
Waste
Management
and Disposal
This rule incorporates and modifies the
federal regulations in 40 CFR part 264 by
reference and sets forth additional state
requirements
12/16/1985
Last amended
12/30/2015.
23
Interim Status
Standards
for Owners and
Operators of
Hazardous
Waste Treatment,
Storage, and
Disposal
Facilities
10 CSR 25-7.265
Hazardous
Waste
Management
and Disposal
This rule incorporates 40 CFR part 265 by
reference and sets forth additional state
standards.
10/1/1986
Last amended
12/30/2015.
24
Standards for the
Management of
Specific
Hazardous
Wastes
and Specific
Types of
Hazardous Waste
Management
Facilities
10 CSR 25-7.266
Hazardous
Waste
Management
and Disposal
This rule incorporates federal regulations in
40 CFR part 266 by reference and provides
Missouri specific additions, deletions, or
changes to the federal regulations. This rule
provides limited standards for certain
hazardous waste management practices,
particularly regarding recyclable materials
and sets forth standards for recyclable
materials used in a manner constituting
disposal, hazardous waste burned in boilers
and industrial furnaces recyclable materials
utilized for precious metals recovery and
spent lead-acid batteries being reclaimed.
10/1/1986
Last amended
12/30/2015.
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Missouri
Administered
Permit Programs:
The Hazardous
Waste
Permit Program
10 CSR 25-7.270
Hazardous
Waste
Management
and Disposal
This rule incorporates the federal regulations
in 40 CFR part 270 by reference and sets
forth additional state requirements.
10/1/1986
Last amended
12/30/2015.
26
Effluent
Regulations
10CSR 20-7.015
Water
Pollution
This rule sets forth the limits for various
pollutants which are discharged to the
various waters of the state. The two previous
rules 10 CSR 20-6.050 and 10 CSR 20-
7.010 have been rescinded and this rule
combines certain aspects of both rules and
modifies the format of the effluent
regulations. This rule also complies with the
latest changes to the Federal Clean Water
Act, P.L. 97-117 (1981).
6/6/1974
Last amended
2/28/2014.
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Water Quality
Standards
10CSR 20-7.031
Water
Pollution
This rule identifies uses of waters of the
state, criteria to protect those uses, and
defines the antidegradation policy. It is
developed in response to the Missouri Clean
Water Law and the federal Clean Water Act,
Section 303(c)(1) and (2), which requires
that state water quality standards be
reviewed at least once every three (3) years.
These revisions are pursuant to the national
goal of protection of fish, shellfish, and
wildlife and recreation in and on the water
as outlined in Section 101(a)(2) of the Act.
This rule
becomes
effective
immediately
upon
adoption and
compliance
with the
requirements
of subsection
644.036.3.,
RSMo, of the
Missouri
Clean
Water Law
and Chapter
536, RSMo.
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1
Emission Reduction Plan:
Warning Level
15A NCAC
02D .0306
Air Pollution
When an air pollution warning is in
effect, operators of coal or oil-fired
electric power generating facilities shall:
1) use fuels having the lowest ash and
sulfur content; 2) perform boiler lancing
and soot blowing between noon to 4:00
p.m.; 3) reduce steam load demands
consistent with continuing plant
operations; and 4) prepare to use the
preplanned abatement program for
emergency level.
2/1/1976
Last amended
7/1/1984.
2
Ambient Air Quality
Standards
15A NCAC
02D .0400
Air Pollution
Establishes additional three-hour air
quality standards for sulfur oxide, as well
as air quality standards for total
suspended particulates and hydrocarbons,
in addition to the National Ambient Air
Quality Standards for six criteria
pollutants.
2/1/1976
Last amended
12/1/1992.
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Emission Control
Standards
15A NCAC
02D .0500
Air Pollution
In addition sources regulated in the
National Emission Source Hazardous Air
Pollutant Standards, establishes standards
for: 1) particulates from fuel burning
indirect heat exchanges, miscellaneous
industrial processes, and electric utility
boilers; 2) sulfur dioxide emissions from
combustion sources; 3) nitrogen dioxide
and nitrogen oxide emissions; 4) visible
emissions from all fuel burning sources
and to other processes that may have
visible emissions; 5) ethylene oxide
emissions; and 6) particulates from
fugitive dust emissions sources. Also
establishes best available retrofit
technology.
2/1/1976
Last amended
6/1/2008.
4
Emissions Control
Standards
15A NCAC
02D .0501
Air Pollution
The purpose of this Rule is to assure
orderly compliance with emission control
standards found in this Section. This
Rule shall apply to all air pollution
sources, both combustion and non-
combustion. All new sources shall be in
compliance prior to beginning
operations.
2/1/1976
Last amended
6/1/2008.
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New Source Performance
Standards
15A NCAC
02D .0524
Air Pollution
Sources subject to new source
performance standards promulgated in 40
CFR Part 60 shall comply with emission
standards, monitoring and reporting
requirements, maintenance requirements,
notification and record keeping
requirements, performance test
requirements, test method and procedural
provisions, and any other provisions, as
required therein, rather than with any
otherwise-applicable rule in this Section
which would be in conflict therewith.
6/18/1976
Last amended
7/1/2007.
6
Control of Mercury
Emissions
15A NCAC
02D .0537
Air Pollution
This Rule shall apply to all new and
existing stationary sources engaged in
the handling or processing of mercury
and not subject to standards on emissions
for mercury in Rule .0530,. 1110, or
. 1111 of this Subchapter. An owner or
operator of a stationary source engaged
in the handling or processing of mercury
shall not cause, allow, or permit
particulate or gaseous mercury emissions
in excess of 2300 grams per day into the
outdoor atmosphere.
6/1/1985
Last amended
7/1/1996.
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Federal Monitoring
Requirements
15A NCAC
02D .0610
Air Pollution
The owner or operator of sources subject
to monitoring, recordkeeping, or
reporting requirements contained in:
(1) 40 CFR Part 60, New Source
Performance Standards (NSPS);
(2) 40 CFR Part 61, National Emission
Standards for Hazardous Air Pollutants
(NESHAP);
(3) 40 CFR Part 63, Maximum
Achievable Control Technology
(MACT); or
(4) 40 CFR Part 75, Acid Rain;
shall comply with these requirements.
6/18/1976
Last amended
4/1/1999.
8
Monitoring Emissions
from Other Sources
15A NCAC
02D .0611
Air Pollution
Requires monitoring and reporting for all
NCAC regulated pollutants not included
in Federal programs.
4/1/1999
Last amended
4/1/1999.
9
Control of Toxic Air
Pollutants
15A NCAC
02D .1101
Air Pollution
This Section sets forth the rules for the
control of toxic air pollutants to protect
human health.
5/1/1990
Last amended
7/1/2018.
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Maximum Achievable
Control Technology
15A NCAC
02D.1111
Air Pollution
With the exception of Paragraph (b) or
(c) of this Rule, sources subject to
national emission standards for
hazardous air pollutants for source
categories promulgated in 40 CFR Part
63 shall comply with emission standards,
monitoring and reporting requirements,
maintenance requirements, notification
and record keeping requirements,
performance test requirements, test
method and procedural provisions, and
other provisions, as required therein,
rather than with any otherwise-applicable
rule in 15 A NCAC 02D .0500 which
would be in conflict therewith.
7/1/1996
Last amended
7/1/2018.
11
Requirement for a Permit
15A NCAC
02Q .0501
Air Pollution
The purpose of this Section is to
establish an air quality permitting
program as required pursuant to Title V
of the Clean Air Act and 40 CFR Part 70.
7/1/1994
Last amended
4/1/2018.
261
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Hazardous Materials
13 NCAC 07F
.0103
Emergency
Planning and
Response
Adds first responder operations plus
level certification: individuals who
respond to hydrocarbon fuel tank leaks
where the leaking tanks contain a
hydrocarbon fuel which is used to propel
the vehicle on which the tank is located.
Only those vehicles designed for
highway use or those used for industrial,
agricultural or construction purposes are
covered. First responders at the
operations plus level shall have received
at least training equal to first responder
operations level and, in addition, shall
receive training or have had sufficient
experience to objectively demonstrate
competency in the following areas and
the employer shall so certify: (a) Know
how to select and use proper specialized
personal protective equipment provided
to the first responder at operations plus
level; (b) Understand basic hazardous
materials terms as they pertain to
hydrocarbon fuels; (c) Understand hazard
and risk assessment techniques that
pertain to gasoline, diesel fuel, propane
and other hydrocarbon fuels; (d) Be able
to perform control, containment, or
confinement operations for gasoline,
diesel fuel, propane and other
hydrocarbon fuels within the capabilities
of the available resources and personal
protective equipment; and (e) Understand
and know how to implement
decontamination procedures for
hydrocarbon fuels.
12/17/2007
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Process Safety
Management of Highly
Hazardous Chemicals,
HAZWOPER
Emergency
Planning and
Response
Adopts OSHA regulations.
14
Underground Storage
Tanks
15A NCAC
02N .0100-
1000
Hazardous
Waste
Management
and Disposal
The purpose of this Subchapter is to
establish the technical standards and
corrective action requirements for
owners and operators of underground
storage tanks. The UST Section of the
Division of Waste Management shall
administer the underground storage tank
program for the State of North Carolina.
The regulation covers design,
construction, installation, notification,
release detection, reporting investigation
and confirmation.
1/1/1991
Last amended
6/1/2017.
15
Hazardous Waste
Management:
RCRA/Hazardous Waste
Permit Requirements
15A NCAC
13A .0105
Hazardous
Substances
Management
Adopts federal regulation with few
changes. (40 CFR Part 124).
11/19/1980
Last amended
3/1/2018.
16
Hazardous Waste
Management:
Identification and Listing
of Hazardous Wastes
15A NCAC
13A .0106
Hazardous
Waste
Management
and Disposal
Incorporates federal regulations by
reference (40 CFR Part 261).
11/19/1980
Last amended
1/1/1996.
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Hazardous Waste
Management: Standards
Applicable to Generators
of Hazardous Waste
15A NCAC
13A .0107
Hazardous
Waste
Management
and Disposal
Incorporates federal regulations by
reference (40 CFR Part 262).
11/19/1980
Last amended
3/1/2018.
18
Hazardous Waste
Management: Standards
Applicable to Transporters
of Hazardous Waste
15A NCAC
13A .0108
Hazardous
Waste
Management
and Disposal
Incorporates federal regulations by
reference (40 CFR Part 263).
11/19/1980
Last amended
3/1/2018.
19
Hazardous Waste
Management: Standards
for Owners and Operators
of Hazardous Waste
Treatment, Storage, and
Disposal Facilities
15A NCAC
13A .0109
Hazardous
Waste
Management
and Disposal
Adopts federal regulation regarding
financial requirements and some
additional local facility standards (40
CFR Part 264).
11/19/1980
Last amended
3/1/2018.
20
Hazardous Waste
Management: Interim
Status and Standards for
Owners and Operators of
Hazardous waste
Treatment, Storage, and
Disposal Facilities
15A NCAC
13A .01101
Hazardous
Waste
Management
and Disposal
Incorporates federal regulations by
reference (40 CFR Part 265).
11/19/1980
Last amended
3/1/2018.
264
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Overview
Effective
Date
Notes
21
Hazardous Waste
Management: Standards
for the Management of
Specific Hazardous
Wastes and Specific
Types of Hazardous
Waste Management
Facilities
15A NCAC
13A .0111
Hazardous
Waste
Management
and Disposal
Incorporates federal regulations by
reference (40 CFR Part 266).
7/1/1985
Last amended
3/1/2018.
22
Hazardous Waste
Management: Land
Disposal Restrictions
15A NCAC
13A .0112
Hazardous
Waste
Management
and Disposal
Incorporates federal regulations by
reference (40 CFR Part 268).
8/1/1987
Last amended
3/1/2018.
23
Hazardous Waste
Management: Hazardous
Waste Permit Program
15A NCAC
13A .0113
Hazardous
Waste
Management
and Disposal
Incorporates federal regulations by
reference (40 CFR Part 270).
11/19/1980
Last amended
3/1/2018.
24
Hazardous Waste
Management: Standards
for the Management of
Used Oil
15A NCAC
13A .0118
Hazardous
Waste
Management
and Disposal
Incorporates federal regulations by
reference (40 CFR Part 279).
10/1/1993
Last amended
3/1/2018.
25
Hazardous Waste
Management: Standards
for Universal Waste
Management
15A NCAC
13A .0119
Hazardous
Waste
Management
and Disposal
Incorporates federal regulations by
reference (40 CFR Part 273).
1/1/1996
Last amended
3/1/2018.
265
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26
Sewage Sludge
Incineration Units
15A NCAC
02D .1204
Water
Pollution
Applies to all sewage sludge incinerator
units. It mostly adopts federal
regulations, but if the NCAC differs from
the CFR, the most stringent regulation
applies.
10/1/1991
Last amended
3/1/2018.
266
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27
Point Source Discharges
to the Surface Waters
15A NCAC
02H .0101
Water
Pollution
These Rules implement G.S. 143-215.1
which requires permits for control of
sources of water pollution by providing
the requirements and procedures for
application and issuance of state NPDES
permits for a discharge from an outlet,
point source, or disposal system
discharging to the surface waters of the
state, and for the construction, entering a
contract for construction, and operation
of treatment works with such a discharge
(see Section .0200 of this Subchapter
regarding permits for disposal systems
not discharging to the surface waters of
the state). These Rules also contain the
requirements and procedures for issuance
of state permits for pretreatment facilities
These Rules apply to all persons:
(1) discharging or proposing to discharge
waste to the surface waters of the state;
or
(2) constructing or proposing to construct
a treatment or pretreatment works with a
discharge as described
in Part (1) or (2) of this Rule; or
(3) operate or propose to operate a
treatment works with a discharge as
described in Part (1) or (2) of this
Rule; or
(4) discharging or proposing to discharge
stormwater which results in water
pollution.
2/1/1976
Last amended
8/3/1992.
267
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Groundwater
Classification and
Standards
15A NCAC
02L .0101-0114
Water
Pollution
These rules are applicable to all
activities or actions, intentional or
accidental, which contribute to the
degradation of groundwater quality,
regardless of any permit issued by a
governmental agency authorizing such
action or activity except an innocent
landowner who is a bona fide purchaser
of property which contains a source of
groundwater contamination, who
purchased such property without
knowledge or a reasonable basis for
knowing that groundwater contamination
had occurred, or a person whose interest
or ownership in the property is based or
derived from a security interest in the
property, shall not be considered a
responsible party.
6/10/1979
Last amended
8/1/1989.
29
Advanced Wastewater
pretreatment System
15A NCAC
18A.1970
Water
Pollution
Provides tables for effluent quality
standards and advanced pretreatment
systems and other regulations for
wastewater systems with a design flow of
up to 3000 gallons per day approved
pursuant to 15ANCAC 18A .1957(c) or
.1969 that include an advanced
pretreatment component shall be
designed to meet one of the effluent
quality standards.
6/1/2006
Last amended
10/1/2011.
268
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1
Acid Rain
Operating Permits
for Electrical
Generating Units
OAC 3745-103
Air Pollution
Sets applicability, requirements, application
options, permit amendments,
monitoring/recordkeeping/reporting
requirements, and procedures for permits
related to EGUs and Acid Rain.
9/10/1997
Last amended
10/20/2017.
2
Accidental
Release
Prevention
Program
OAC 3745-104
Air Pollution
Adopts 29 CFR 1910.119, 40 CFR 68, and
40 CFR 71.
8/13/1999
Last amended
4/10/2015.
3
Nitrogen Oxides -
Reasonably
Available Control
Technology
OAC 3745-14
Air Pollution
Adopts 40 CFRs 72 & 75. Sets requirements
for permits, compliance certification,
monitoring and reporting, and stationary
internal combustion engines.
12/22/2007
Last amended
7/18/2013.
4
General
Provisions on Air
Pollution Control:
Malfunction of
Equipment;
Scheduled
Maintenance;
Reporting
OAC 3745-15-06
Air Pollution
Establishes standards for scheduled
maintenance of air pollution control
equipment and requires reporting of any air
pollution control equipment malfunction.
2/15/1972
Last amended
7/20/2015.
269
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5
Particulate Matter
Standards
OAC 3745-17
Air Pollution
Establishes standards for measurement
methods and procedures, compliance time
schedules, control of visible particulate
emissions from stationary sources,
restriction of emission of fugitive dust,
restrictions on particulate emissions and
odors from incinerators, restrictions on
particulate emissions from fuel burning
equipment, and restrictions on particulate
emissions from industrial process.
8/7/1972
Last amended
1/20/2018.
6
Sulfur Dioxide
Regulations
OAC 3745-18
Air Pollution
Adopts many sections of 40 CFR 60 & 40
CFR 63, 40 CFR 52.1881, and 40 CFR 50
Appendix A.
12/28/1979
Last amended
2/16/2017.
7
Carbon
Monoxide,
Ozone,
Hydrocarbon Air
Quality
Standards, and
Related Emission
Requirements
OAC 3745-21
Air Pollution
Adopts many sections of 40 CFRs 60, 63,
and 50.
2/15/1972
Last amended
10/15/2015.
8
Nitrogen Oxide
Standards
OAC 3745-23
Air Pollution
Establishes standards for methods of
measurement of nitrogen oxides. References
40 CFR 50.11, Appendix F and 40 CFR 53.
2/15/1972
Last amended 9/8/2014.
9
Nitrogen Oxide
Emission
Statements
OAC 3745-24
Air Pollution
Establishes requirements for emission
statements of nitrogen oxides.
4/1/1994
Last amended
12/17/2016.
270
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Emergency
Episode
Standards
OAC 3745-25
Air Pollution
Establishes thresholds for attainment of
primary and secondary ambient air quality
standards for: particulate matter, sulfur
dioxide, carbon monoxide, ozone, nitrogen
dioxide, lead. It also outlines conditions for
air alerts, warnings and emergencies;
establishes air pollution emergency emission
control action programs and emergency
orders. Seems to adopt some or all parts of
40 CFR 50.
4/18/2009
Last amended
12/1/2014.
11
Toxic Chemical
Release Reporting
OAC 3745-100
Emergency
Planning and
Response
Adopts several sections of 40 CFR 372.
9/25/2008
Last amended
2/11/2017.
12
Emergency
Planning
OAC 3750-20
Emergency
Planning and
Response
Adopts table 302.4 from 40 CFR 302. Sets
applicability and requirements for
owners/operators of facilities for emergency
planning and prevention.
6/30/1990
Last amended 1/2/2007.
13
Emergency
Release
Notification
OAC 3750-25
Emergency
Planning and
Response
Adopts reportable quantities from 40 CFR
Part 302 Table 302.4. Sets release
notification requirements, designation of
hazardous substances standards, and
designates facilities subject to this
regulation.
6/30/1993
Last amended
2/11/2017.
271
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Underground
Storage Tanks
OAC 1301:7-9
Hazardous
Waste
Management
and Disposal
For the purpose of prescribing rules pursuant
to section 3737.02 and section 3737.882 of
the Revised Code, the state fire marshal
hereby adopts this chapter in accordance
with Chapter 119. of the Revised Code to
implement the underground storage tank
program and corrective action program for
releases from underground petroleum
storage tanks. This rule is adopted by the
state fire marshal in accordance with Chapter
119. of the Revised Code and shall not be
considered a part of the "Ohio Fire Code."
2/1/2014
Last amended N/A.
15
Used Oil
Management
Standards
OAC 3745-279
Hazardous
Substances
Management
This rule identifies those materials which are
subject to regulation as used oil under
Chapter 3745-279 of the Administrative
Code. This rule also identifies some
materials that are not subject to regulation as
used oil under Chapter 3745-279 of the
Administrative Code and indicates whether
these materials may be subject to regulation
as hazardous waste under Chapters 3745-50
to 3745-69, 3745-205, 3745-256, 3745-266,
and 3745-270 of the Administrative Code.
10/20/1998
Last amended
3/24/2017.
272
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Hazardous Waste
Management
System-General
OAC 3745-50
Hazardous
Substances
Management
Chapter 3745-50 of the Administrative Code
provides definitions, general standards,
permit information, and overview
information applicable to Chapters 3745-50
to 3745-69, 3745-205, 3745-256, 3745-266,
3745-270, 3745-273, and 3745-279 of the
Administrative Code. Adopts 40 CFR 260.
4/15/1981
Last amended
3/24/2017.
17
Hazardous
Wastes Restricted
from Land
Disposal
OAC 3745-270
Hazardous
Waste
Management
and Disposal
Chapter 3745-270 of the Administrative
Code identifies hazardous wastes that are
restricted from land disposal and defines
those limited circumstances under which an
otherwise prohibited waste may continue to
be land disposed.
12/30/1989
Last amended
12/21/2017.
18
Identification and
Listing of
Hazardous Waste
OAC 3745-51
Hazardous
Waste
Management
and Disposal
Chapter 3745-51 of the Administrative Code
identifies those wastes which are subject to
regulation as hazardous wastes under
Chapters 3745-52, 3745-53, 3745-54 to
3745-57, 3745-65 to 3745-69, 3745-205,
3745-256, and 3745-270, rules 3745-50-40
to 3745-50-235 of the Administrative Code,
and which are subject to the requirement to
notify Ohio EPA or U.S. EPA of regulated
waste activity. And establishes special
management requirements for hazardous
waste produced by conditionally exempt
small quantity generators and hazardous
waste which is recycled.
4/15/1981
Last amended
2/12/2018.
273
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Generator
Standards
OAC 3745-52
Hazardous
Waste
Management
and Disposal
Adopts 40 CFR 262 Subpart H.
Chapter 3745-52 of the Administrative Code
establishes standards for generators of
hazardous wastes.
7/27/1980
Last amended
2/12/2018.
20
Transporter
Standards
OAC 3745-53
Hazardous
Waste
Management
and Disposal
Adopts 40 CFR Part Subpart H.
Chapter 3745-53 of the Administrative Code
establishes standards which apply to persons
transporting hazardous waste within the state
of Ohio if the transportation requires a
hazardous waste manifest under Chapter
3745-52 of the Administrative Code.
7/27/1980
Last amended
2/12/1980.
21
General Facility
Standards-New
Facilities
OAC 3745-54
Hazardous
Waste
Management
and Disposal
The purpose of Chapters 3745-54 to 3745-57
and 3745-205 of the Administrative Code is
to establish minimum standards which
define the acceptable management of
hazardous waste.
4/15/1981
Last amended 9/5/2010.
22
Corrective
Action, Closure,
Post-Closure, and
Financial
Requirements
OAC 3745-55
Hazardous
Waste
Management
and Disposal
Sets requirements for closure, post-closure,
and financial requirements to
owners/operators of hazardous waste
disposal facilities.
1/7/1983
Last amended
12/7/2004.
274
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Water Quality
Standards
OAC 3745-1
Water
Pollution
The purpose of these water quality
standards, in this chapter, is to establish
minimum water quality requirements for all
surface waters of the state, thereby
protecting public health and welfare; and to
enhance, improve and maintain water quality
as provided under the laws of the state of
Ohio, section 6111.041 of the Revised Code,
the federal Clean Water Act, and rules
adopted thereunder. Essentially adopts 40
CFRs 131, 132, 136, and 400-471.
2/14/1978
Last amended 1/2/2018.
24
Pretreatment
Rules
OAC 3745-3
Water
Pollution
The purpose of this chapter is to establish as
part of a state pretreatment program under
Chapter 6111. of the Revised Code,
enforceable state requirements and standards
regulating the introduction of pollutants into
POTWs by industrial users.
11/1/1984
Last amended 6/7/2017.
25
Ohio NPDES
Individual
Permits
OAC 3745-33
Water
Pollution
Adopts 40 CFR 122-125.
12/30/1973
Last amended 6/1/2018.
26
Underground
Injection Control
Program
OAC 3745-34
Water
Pollution
Adopts 40 CFR 144.
12/15/1982
Last amended
11/11/2016.
27
Permit Program
Regulating
Discharge of
Nondomestic
Wastewater into a
POTW
OAC 3745-36
Water
Pollution
The purpose of this chapter is to establish, as
a part of the Ohio pretreatment program
under Chapter 6111. of the Revised Code, a
permit program regulating the discharge of
nondomestic wastewater into a POTW to
assure compliance with pretreatment
standards under Chapter 3745-3 of the
Administrative Code.
4/7/1988
Last amended 6/7/2017.
275
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Ohio NPDES
General Permits
OAC 3745-38
Water
Pollution
Adopts 40 CFRs 122, 123.44, and 124.
9/1/1991
Last amended
12/1/2015.
Adopts methods from but no other
references to CFR Part 503. Also adopts
methods from 40 CFR Part 136. The current
regulation is effective until 12/1/2018 after
which the changes (published with the
current regulation) will become effective.
29
Sewage Sludge
OAC 3745-40
Water
Pollution
The purpose of this chapter is to: establish
standards applicable to the treatment,
storage, transfer or disposal of sewage
sludge or biosolids; establish standards
applicable to the beneficial use of biosolids;
reasonably protect public health and the
environment; encourage the beneficial use of
biosolids; and minimize the creation of
nuisance odors.
4/8/2002
Last amended 7/1/2011
(12/1/2018).
276
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Table K. Pennsylvania: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities
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Notes
1
National
Standards of
Performance for
New Stationary
Sources
25 Pa. Code 122
Air Pollution
Adopts by references the federal Standards
of Performance for New Stationary Sources
(40 CFR Part 60).
8/1/1979
Last amended
12/27/1997.
2
Standards for
Contaminants
25 Pa. Code 123
Air Pollution
This chapter creates standards for fugitive
emissions; visible emissions; and emissions
of particulate matter, sulfur compounds,
odors, and nitrogen compounds. Further
establishes a NOx allowance trading
program.
9/1//1971
Rules for mercury
emissions brought into
effect on February 17,
2007 and reversed on
November 12, 2010.
3
National
Emissions
Standards for
Hazardous Air
Pollutants
25 Pa. Code 124
Air Pollution
Adopts by reference the National Emissions
Standards for Hazardous Air Pollutants (40
CFR Part 61).
8/1/1979
Last amended 8/1/1979.
4
Alternative
Emission
Reduction
Limitations
25 Pa. Code 128
Air Pollution
Allows air contamination source owners or
operators to submit a proposal for an
alternative emission reduction plan for
existing source to the Department of
Environmental Protection.
N/A
Original effective date
not published. First
amended date is
3/21/1981. Several
additional sections
reversed 9/5/1998
277
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Standards for
Products
25 Pa. Code 130
Air Pollution
Establishes emissions standards by product
types. Regulates consumer products;
architectural and industrial maintenance
coatings; and adhesives, sealants, primers,
and solvents.
10/25/2003
Subchapter B
(Consumer Products)
effective 10/10/2008.
Subchapter C
(Architectural and
Industrial Maintenance
Coating) effective
10/25/2003 and last
amended 10/11/2008.
Subchapter D
(Adhesives, Sealants,
Primers, and Solvents)
effective 12/15/2010 and
last amended 6/28/2014.
6
Ambient Air
Quality Standards
25 Pa. Code 131
Air Pollution
Adopts by reference the National Ambient
Air Quality Standards (40 CFR Part 50).
9/11/1971
Last amended 9/5/1998.
7
Reporting of
Sources
25 Pa. Code 135
Air Pollution
Requires all sources of air contaminant
emissions (except for a few exceptions for
sources determined to be of minor
significant by the Department) to submit
emission statements to the Department of
Environmental Protection.
N/A
Original effective date
not published. First
amended date is
2/14/1986.
8
Standards for
Sources
25. Pa. Code 129
Air Pollution
Establishes emissions standards by source
type. Source types include but are not
limited to nitric acid plants, sulfuric acid
plants, open burning operations, sources of
Volatile Organic Compounds (VOCs),
mobile sources, and stationary sources of
NOx and VOCs, and major sources of NOx
and VOC.
9/11/1971
Last amended
10/21/2016.
278
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9
Administration of
the Storage Tank
and Spill
Prevention
Program
25 Pa. Code 245
Hazardous
Waste
Management
and Disposal
For all owners and operators of underground
storage tanks and storage facilities, the
subchapters of this regulation outline a
certification program for installers and
inspectors; a permitting program; a
corrective action process; and financial
requirements. Additional sections address
requirements for owners and operators of
aboveground storage tanks, technical
standards. This chapter further establishes
technical standards for underground storage
tanks.
N/A
Original effective date
not published. First
amended date is
12/3/1994.
10
Hazardous Waste
Management
System: General
25 Pa. Code 260a
Hazardous
Substances
Management
Adopts by reference the federal Hazardous
Waste Management System (40 CFR Part
260).
5/1/1999
25 Pa. Code 260
renumbered 2/9/1990
and reserved effective
5/1/1999. Regulatory
text no longer available
online. Original
effective or adopted
dates not available.
11
Hazardous Waste
Permit Program
25 Pa. Code 270a
Hazardous
Substances
Management
Adopts by reference the federal Hazardous
Waste Permit Program (40 CFR 270). The
Pennsylvania regulation makes
modifications to the federal regulation
including with respect to payment of fees;
confidentiality of information; procedures
for modification, termination, revocation, or
reissuance of permits; continuation of
existing permits; public notice and hearings;
and procedures for standardized permits.
5/1/1999
25 Pa. Code 270
renumbered 2/9/1990
and reserved effective
5/1/1999. Regulatory
text no longer available
online. Original
effective or adopted
dates not available.
279
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Management of
Waste Oil
25 Pa. code 298
Hazardous
Substances
Management
This chapter specifies general procedures
and rules for persons or municipalities who
generate, manage or handle waste oil that is
being recycled. Sets forth rules for waste oil
generators, collection centers and
aggregation points, transporter and transfer
facilities, processing/refining facilities,
burners who burn off-specification waste oil
for energy recovery, and waste oil fuel
marketers.
6/2/2001
13
Hazardous
Material
Transportation
67 Pa. Code 403
Hazardous
Substances
Management
Prescribes methods of packing, loading and
unloading of hazardous materials;
specifications, marking, inspection,
condition and equipment of vehicles
transporting hazardous materials;
qualifications of drivers and other matters
relating to operation of the vehicles; routing
and parking of the vehicles; and other
factors affecting the nature and degree of
risk involved in the transportation of
hazardous materials. Adopts by reference
portions of the federal Hazardous Materials
Safety Regulations (49 CFR).
11/1/1979
Last amended
4/19/1994.
14
Standards
Applicable to
Generators of
Hazardous Waste
25 Pa. Code 262a
Hazardous
Waste
Management
and Disposal
Adopts by reference the federal Standards
Applicable to Generators of Hazardous
Waste (40 CFR Part 263) with some
modifications, including additional reporting
and source reduction strategy requirements.
5/1/1999
25 Pa. Code 262
renumbered 2/9/1990
and reserved effective
5/1/1999. Regulatory
text no longer available
online. Original
effective or adopted
dates not available.
280
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Transporters of
Hazardous Waste
25 Pa. Code 263a
Hazardous
Waste
Management
and Disposal
Adopts by reference the federal Standards
Applicable to Transporters of Hazardous
Waste (40 CFR Part 263). The Pennsylvania
regulation makes modifications to the
federal regulation including with respect to
transfer facility requirements, licensing,
fees, and collateral bonding.
1/1/1999
25 Pa. Code 263
renumbered 2/9/1990
and reserved effective
5/1/1999. Regulatory
text no longer available
online. Original
effective or adopted
dates not available.
16
Owners and
Operators of
Hazardous Waste
Treatment,
Storage and
Disposal
Facilities
25 Pa. Code 264a
Hazardous
Waste
Management
and Disposal
Adopts by reference the federal Standards
for Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal
Facilities (40 CFR Part 264-265). The
Pennsylvania regulation makes
modifications to the federal regulation
including with respect to fees, general
groundwater monitoring requirements,
financial requirements, and land treatment of
hazardous waste.
1/1/1999
25 Pa. Code 264
renumbered 2/9/1990
and reserved effective
5/1/1999. Regulatory
text no longer available
online. Original
effective or adopted
dates not available.
17
Management of
Specific
Hazardous
Wastes and
Specific Types of
Hazardous Waste
Management
Facilities
25 Pa. Code 266a
Hazardous
Waste
Management
and Disposal
Adopts by reference the federal Standards
for the Management of Specific Hazardous
Wastes and Specific Types of Hazardous
Waste Management Facilities (40 CFR Part
266).
5/1/1999
25 Pa. Code 266
effective 1/16/1993 and
reserved effective
5/1/1999. Regulatory
text no longer available
online.
281
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Universal Waste
Management
25 Pa. Code
266b
Hazardous
Waste
Management
and Disposal
Adopts by reference the federal Standards
for Universal Waste Management (40 CFR
273).
5/1/1999
25 Pa. Code 266
effective 1/16/1993 and
reserved effective
5/1/1999. Regulatory
text no longer available
online.
19
Standards for
Owners and
Operators of
Hazardous Waste
Facilities
Operating Under
a Standardized
Permit
25 Pa. Code 267a
Hazardous
Waste
Management
and Disposal
Adopts by referenced the federal Standards
for Owners and Operators of Hazardous
Waste Facilities Operating Under a
Standardized Permit (40 CFR Part 267).
1/10/2009
25 Pa. Code 267
renumbered 2/9/1990
and reserved effective
5/1/1999. Regulatory
text no longer available
online. Original
effective or adopted
dates not available.
20
Land Disposal
Restrictions
25 Pa. Code 268a
Hazardous
Waste
Management
and Disposal
Adopts by referenced the federal Land
Disposal Restrictions (40 CFR 268).
5/1/1999
Last amended
12/23/2000.
21
Land Application
of Sewage Sludge
25 Pa. Code 275
Water
Pollution
Operators must obtain a permit from the
Pennsylvania Department of Environmental
Protection to dispose of sewage sludge using
land application. This chapter sets
requirements to obtain permits with respect
to disposal siting, sludge storage, erosion
control, water quality protection, monitoring
and recordkeeping. It further sets
requirements for land applying sewage
sludge under a land reclamation permit,
including timing of disposal, revegetation,
soil treatment, and monitoring.
4/8/1988
Last amended
5/27/1997.
282
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22
National Pollutant
Discharge
Elimination
System
Permitting,
Monitoring, and
Compliance
25 Pa. Code 92a
Water
Pollution
Implements the National Pollutant
Discharge Elimination System (NPDES)
program (40 CFR Parts 122-125). Prohibits
point source pollutant discharges into
surface waters except as authorized under an
NPDES permit. The provisions of this
regulation outline permit application
processes; permit conditions; monitoring
and annual fee requirements; transfer,
modification, revocation, termination, and
reissuance of permits; public participation in
the permitting process; civil penalties for
permit violations; and other guidelines.
10/9/2010
25 Pa. Code 92 adopted
8/4/1978 and Reserved
effective 10/9/2010.
Regulatory text no
longer available online.
23
Water Quality
Standards
25 Pa. Code 93
Water
Pollution
The Water Quality Standards regulation
establishes water quality criteria and
protected water uses applicable to all surface
waters, including wetlands, of Pennsylvania
and additional requirements applicable to
specifically designated waters. It further
establishes a process for determining High
Quality and Exceptional Value Waters and
sets forth antidegradation requirements
applicable to such waters.
2/16/1985
Last amended
7/20/2013.
283
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24
Wastewater
Treatment
Requirements
25 Pa. Code 95
Water
Pollution
In addition to general effluent standards for
industrial wastes, this regulation establishes
eligibility requirements for time extensions
to achieve effluent limitations, treatment
requirements for discharges to waters
affected by abandoned mine drainage, and
treatment requirements for new and
expanding mass loadings of Total Dissolved
Solids (TDS).
9/3/1971
Several additional
sections of this
regulation removed from
the Pennsylvania
Administrative Code
and reversed on
November 18, 2000.
Regulatory texts for
these rules no longer
available online.
25
Water Quality
Standards
Implementation
25 Pa. Code 96
Water
Pollution
Sets forth rules for achieving and
maintaining water quality standards.
Includes specific rules for total maximum
daily loads (TMDLs) and water quality
based effluent limitations (WQBEL),
nutrient discharges, and heated wastewater
discharges. Also establishes processes for
public participation and use of offsets and
tradable credits from pollution reduction
activities in the Chesapeake Bay Watershed.
11/18/2000
Last amended
12/14/2002.
284
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Table L. Texas: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities
Texas Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities
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1
General Air
Quality Rules
30 Tex. Admin.
Code 101
Air Pollution
Sets forth general air quality rules relating to
multiple air contaminant sources or
properties, circumvention, nuisance, and
emissions fees, among other categories.
Establishes additional specific rules and
programs for the Houston-Galveston-
Brazoria one-hour ozone nonattainment
area, including a voluntary emissions
banking and trading program for sources
that reduce emissions beyond the level
required by local, state, or federal
regulations. Further rules set forth include
reporting requirements for emissions events;
maintenance, startup, and shutdown
standards; and a voluntary supplemental
leak detection program for volatile organic
compound facilities.
1/1/1976
Last amended
7/28/2016.
2
Designated
Facilities and
Pollutants
30 Tex. Admin.
Code 113
Subchapter D
Air Pollution
Establishes separate emissions guidelines
and compliance times with National
Emission Standards for Hazardous Air
Pollutants for commercial and industrial
solid waste incineration unites that
commenced construction on or before
November 30, 1999; other solid waste
incineration units that commenced
construction on or before December 9, 2004;
and other facility types.
10/29/1998
285
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3
Consolidated
Federal Air Rules
(CAR): Synthetic
Organic Chemical
Manufacturing
Industry
30 Tex. Admin.
Code 113
Subchapter E
Air Pollution
Adopts by reference the Consolidated
Federal Air Rule (40 CFR Part 65).
10/20/2002
4
National
Emission
Standards for
Hazardous Air
Pollutants
30 Tex. Admin.
Code 113,
Subchapter B
Air Pollution
Adopts by reference the federal Radon
Emissions from Phosphogypsum regulations
(40 CFR Part 61, subpart R).
2/4/1999
5
National
Emission
Standards for
Hazardous Air
Pollutants FOR
Source Categories
30 Tex. Admin.
Code 113,
Subchapter C
Air Pollution
Adopts by reference the federal National
Emission Standards for Hazardous Air
Pollutants for Source Categories (40 CFR
Part 63).
7/16/1997
Last amended
12/29/2016.
286
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Used Oil
Standards
30 Tex. Admin
Code 324
Hazardous
Substances
Management
Adopts by reference the federal Standards
for the Management of Used Oil (40 CFR
Part 279). Enumerates exceptions from and
additions to the federal regulation including
different standards for containers used to
store used oil; additional permit
requirements for mixing of hazardous waste
and used oil; and a general prohibition
against used oil management actions that
endanger the public health or welfare of the
environment, among other additional
general used oil management prohibitions.
Further establishes requirements with
reference to 40 CFR Part 279 for generators,
collection centers, transporter and transfer
facilities, processors and re-refiners, burners
of off-specification used oil for energy
recovery, marketers of used oil fuel, spills,
polychlorinated biphenyls (PCBs),
suspension or revocation of registration, and
soil remediation.
4/6/1996
Last amended
2/21/2013.
7
Secondary
Containment
Requirements for
Underground
Storage Tank
Systems Located
Over Certain
Aquifers
30 Tex. Admin.
Code 214
Hazardous
Waste
Management
and Disposal
Establishes requirements for underground
storage tank systems located over certain
aquifers to protect and maintain the quality
of groundwater resources in the state from
environmental contamination that could
result from releases of harmful substances
stored in such tanks.
6/12/2002
Last amended
6/12/2002.
287
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Toxic Pollutant
Effluent
Standards and
Prohibitions
30 Tex. Admin.
Code 314
Hazardous
Substances
Management
Adopts by reference the federal Toxic
Pollutant Effluent Standards and
Prohibitions (40 CFR Part 129, Subpart A).
10/8/1990
Last amended
10/8/1990.
9
Hazard
Communication
Act
6 Tex. Admin.
Code 502
Hazardous
Substances
Management
Requires employers to provide information
regarding hazardous chemicals in the
workplace to employees who may be
exposed.
9/1/1993
Last amended 9/1/1993.
10
General Permits
for Waste
Dischargers
30 Tex. Admin.
Code 205
Hazardous
Waste
Management
and Disposal
Empowers the Texas Commission on
Environmental Quality to issue general
permits to authorize the discharge of waste
into or adjacent to water by category
(instead of by facility). The Commission
may issue permits if it finds that the
discharges are storm water, or the
dischargers engage in the same type of
operations, discharge the same types of
waste, are subject to the same effluent
limitations or operating conditions, are
subject to the same monitoring
requirements, and are more appropriately
regulated under a general permit than
individual permits.
6/21/1998
Last amended
8/15/2002.
11
Sludge Use,
Disposal, and
Transportation
30 Tex. Admin.
Code 312
Hazardous
Waste
Management
and Disposal
Establishes standards for persons collecting,
generating, and/or transporting sewage
sludge, water treatment sludge, domestic
septic sludge, chemical toilet waste, grit trap
waste, or grease trap waste. Standards relate
to surface disposal, pathogen and vector
attraction reduction, sludge incineration,
disposal of water treatment sludge, and
transportation and temporary storage.
8/19/1993
Last amended 2/2/2014.
288
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Industrial Solid
Waste and
Municipal
Hazardous Waste
in General
30 Tex. Admin.
Code 335
Subchapter A
Hazardous
Waste
Management
and Disposal
Standards applicable to solid waste,
including hazardous waste, resulting from or
incidental to any process of industry,
manufacturing, mining, or agricultural
operation, and to municipal hazardous
waste. Sets for rules relating to notification,
recordkeeping, closure and remediation,
classification of solid waste, recycling of
hazardous waste, and financial assurance,
among other categories.
5/28/1986
Last amended 1/8/2015.
13
Hazardous Waste
Management
General
Provisions
30 Tex. Admin.
Code 335
Subchapter B
Hazardous
Waste
Management
and Disposal
Requires a Texas Natural Resource
Conservation Commission permit for
storing, processing, or disposing of
hazardous waste. Sets forth application
procedures and other requirements for
obtaining permits.
9/1/1986
Last amended
11/15/2001.
14
Standards
Applicable to
Generators of
Hazardous Waste
30 Tex. Admin.
Code 335
Subchapter C
Hazardous
Waste
Management
and Disposal
Sets forth standards applicable to generators
of hazardous waste, including importers of
hazardous waste. Establishes requirements
for packaging, labeling, marking, and
placarding of hazardous waste;
recordkeeping, reporting at hazardous waste
generation facilities; and rules relating to
accumulation time and EPA Identification
Numbers. Further includes rules specific to
generators of between 100 and 1,000 kg per
month, interstate shipments, farmers, small
quantity generators, and academic entities.
5/28/1996
Last amended
2/21/2013.
289
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15
Standards
Applicable to
Transporters of
Hazardous Waste
30 Tex. Admin.
Code 335
Subchapter D
Hazardous
Waste
Management
and Disposal
This subchapter establishes standards for
transporters transporting hazardous waste to
off-site storage, processing, or disposal
facilities. Sets forth rules relating to EPA
Identification Numbers, hazardous waste
discharges, and transfer facilities.
5/28/1986
Last amended
11/15/2001.
16
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities
30 Tex. Admin.
Code 335
Subchapter E-F
Hazardous
Waste
Management
and Disposal
Establishes interim standards (Subchapter E)
and permitting standards (Subchapter F) for
owners and operators of hazardous waste
treatment, storage, or disposal facilities.
Permitting rules define the minimum
acceptable standards for management of
hazardous waste, including reporting,
monitoring, design and operating
requirements, used to determine hazardous
waste management permit eligibility.
Interim standards stablish minimum
requirements that define the acceptable
management of hazardous waste prior to the
issuance or denial of a hazardous waste
permit and until certification of final closure
or, if the facility is subject to post-closure
requirements, until post-closure
responsibilities are fulfilled.
5/28/1987
Last amended
2/21/2013.
290
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17
Standards for the
Management of
Specific Wastes
and Specific
Types of
Facilities
30 Tex. Admin.
Code 335
Subchapter H
Hazardous
Waste
Management
and Disposal
Creates a Universal Waste Rule, which
adopts by references the federal Standards
for Universal Waste Management (40 CFR
Part 273) and includes additional standards
for management of paint and paint-related
waste. Further sets forth specific standards
for recyclable materials used in a manner
constituting disposal, hazardous waste
burned for energy recovery, recyclable
materials utilized for precious metal
recovery, reclaimed spent lead-acid
batteries, and military munitions.
5/28/1986
Universal Waste Rule
sections of this
regulation effective
7/16/1997.
18
Prohibition on
Open Dumps
30 Tex. Admin.
Code 335
Subchapter I
Hazardous
Waste
Management
and Disposal
Prohibits open dumping of industrial solid
waste, including hazardous waste. Adopts
by reference the federal Criteria for
Classification of Solid Waste Disposal
Facilities and Practices (40 CFR Part 257).
5/28/1986
Last amended
11/15/2001.
19
Hazardous Waste
Generation,
Facility and
Disposal Fee
System
30 Tex. Admin.
Code 335
Subchapter J
Hazardous
Waste
Management
and Disposal
Establishes an industrial solid waste and
hazardous waste fee program.
10/31/1985
Last amended
11/15/2001.
20
Land Disposal
Restrictions
30 Tex. Admin.
Code 335
Subchapter O
Hazardous
Waste
Management
and Disposal
Identifies hazardous wastes that are
restricted from land disposal by adopting by
reference the federal Land Disposal
Restrictions (40 CFR Part 268), as amended
through June 13, 2011 (76 FR 34147).
11/23/1993
Last amended 1/8/2015.
291
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21
Warning Signs
and Contaminated
Areas
30 Tex. Admin.
Code 335
Subchapter P
Hazardous
Waste
Management
and Disposal
Creates standards and procedures for the
placement of warning signs on property
contaminated with hazardous substances
when such contamination presents a danger
to public health and safety.
10/31/1990
22
Waste
Classification
30 Tex. Admin.
Code 335
Subchapter R
Hazardous
Waste
Management
and Disposal
Requires persons who generate industrial
solid waste or municipal hazardous waste to
classify their own waste according to the
standards set forth in this chapter. Further
provides a procedure for implementation of
the Texas waste notification system.
11/27/1992
Last amended
11/15/2001.
23
Standards for
Owners and
Operators of
Hazardous Waste
Facilities
Operating Under
a Standard Permit
30 Tex. Admin.
Code 335
Subchapter U
Hazardous
Waste
Management
and Disposal
Adopts by reference the federal Standards
for Owners and Operators of Hazardous
Waste Facilities Operating Under a
Standardized Permits in order to establish
minimum standards which define the
acceptable management of hazardous waste
under a standard permit.
10/29/2009
Last amended
6/16/2016.
24
Standards for
Reclamation of
Hazardous
Secondary
Materials
30 Tex. Admin.
Code 335
Subchapter V
Hazardous
Waste
Management
and Disposal
Establishes minimum standards for the
management of hazardous secondary
materials excluded under the federal
Identification and Listing of Hazardous
Waste (40 CFR Part 261) requirements
§261.4(a) (23), (24), and (27). Standards
include requirements relating to financial
assurance, submittal of cost estimates for
disposal of hazardous secondary material,
release from these requirements.
6/16/2016
292
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25
Location
Standards for
Hazardous Waste
Storage,
Processing, or
Disposal
30 Tex. Admin.
Code 335,
Subchapter G
Hazardous
Waste
Management
and Disposal
Establishes minimum standards for the
location of facilities used for the storage,
processing, and disposal of hazardous waste.
These standards are to be applied in the
evaluation of an application for a permit to
manage hazardous waste. This subchapter
generally applies to permit applications for
new hazardous waste management facilities
and areal expansions of existing hazardous
waste management facilities filed on or after
September 1, 1984.
5/28/1986
Last amended
11/15/2001.
26
Water Quality
Fees
30 Tex. Admin.
Code 21
Water
Pollution
Establishes annual fee to be assessed against
wastewater permit holders authorized to
treat or discharge wastewater into or
adjacent to the waters of the state, and
against each person holding a right to
impound, divert, or use state water.
10/6/2002
Last amended
10/6/2002.
27
Texas Surface
Water Quality
Standards
30 Tex. Admin.
Code 307
Water
Pollution
Establishes surface water quality standards
including general criteria applicable to all
surface waters of the state, criteria and
control procedures for specific toxic
substances and total toxicity, appropriate
water uses, and site-specific standards.
7/10/1991
Last amended 3/1/2018.
28
Pretreatment
Regulations for
Existing and New
Sources of
Pollution
30 Tex. Admin.
Code 315
Water
Pollution
Adopts by reference the federal General
Pretreatment Regulations for Existing and
New Sources of Pollution (40 CFR Part
403).
10/8/1990
293
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Table M. Wisconsin: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities
Wisconsin Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities
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The air standards of this chapter apply to the
entire state without exception. The ambient
air increments of this chapter apply to all
attainment areas of the state. This chapter is
adopted under ss. 285.11, 285.13 and 285.21,
Stats., to establish geographic air regions, air
standards and ambient air increments, to
specify the methods to be used to measure air
quality and to interpret air quality data and to
establish guidelines for the application of air
standards.
1
Ambient Air
Quality
Wis. Admin.
Code NR 404
Air Pollution
Covers interstate Air Quality Control and
ambient air quality standards for sulfur
oxides and nitrogen oxides.
10/1/1986
Last amended Register
12/1996.
294
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2
Acid Rain Portion
of Operations
Permits
Wis. Admin.
Code NR 409
Air Pollution
Establishes certain general provisions and
the acid rain portion of the operation permit
program requirements for affected sources
and affected units under the acid rain
program, pursuant to title IV of the clean air
act (42 USC 7651 to 765 lo), 40 CFR part 72
and s. 285.65 (12), Stats. The regulations
under this chapter set forth certain generally
applicable provisions under the acid rain
program. The regulations also set forth
requirements for obtaining and revising the
acid rain portion of an operation permit
issued by the department. The requirements
under this chapter supplement, and in some
cases modify, the requirements under chs.
NR 406 and 407 as such requirements apply
to affected sources under the acid rain
program
10/1/1986
Last amended Register
11/1999.
3
Control of Visible
Emissions
Wis. Admin.
Code NR 431
Air Pollution
Establishes emission limitations of visible air
emissions for all air contaminant sources.
10/1/1986
Last amended 6/1/1992.
295
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4
Allocation of
Clean Air
Interstate Rule
Nox Allowances
Wis. Admin.
Code NR 432
Air Pollution
Allocates the NOx allowances for the CAIR
NO x annual trading program and the CAIR
NOx ozone season trading program. The
purpose of this chapter is to implement only
those parts of the CAIR NOx annual trading
program and the CAIR NO x ozone season
trading program that is administered by the
EPA under the federal implementation plan
for the CAIR relating to the allocation of
CAIR NOx allowances found in 40 CFR part
97, Subparts EE and EEEE.
8/1/2007
5
Protection of
Visibility of Best
Available Retrofit
Technology
Wis. Admin.
Code NR 433
Air Pollution
Establishes procedures for controlling
emissions from a range of sources
constructed between August 1962 and
August 1977 which "may reasonably be
anticipated to cause or contribute to any
visibility impairment in any mandatory class
I federal area." Department of Natural
Resources makes emissions limitations and
Best Available Retrofit Technology
determination for each eligible source on a
case-by-case basis, and available technology,
costs of compliance, energy and non-air
quality environmental impacts, the remaining
useful life of the source, and the
improvement in visibility that will result.
7/1/2008
Last amended
12/1/2010.
296
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6
Voluntary
Emissions
Reduction
Registry
Wis. Admin.
Code NR 437
Air Pollution
Establishes a system through which persons
can register emission reductions or avoided
emissions of greenhouse gases, air
contaminants, or carbon sequestration, to
ensure that efforts undertaken by persons in
Wisconsin are publicly recognized.
Department of Natural Resources considers
information recorded in the registry when
determining baselines and reduction
requirements under future emission reduction
programs.
11/1/2002
Last amended 6/1/1990.
7
Air Contaminant
Emission
Inventory
Reporting
Requirements
Wis. Admin.
Code NR 438
Air Pollution
Establishes requirements for all air
contaminant sources to submit emission
inventory reports for particulate matter,
sulfur dioxide, nitrogen oxides, carbon
monoxide, and volatile organic compounds.
6/1/1993
Last amended
11/1/1999.
8
Reporting,
Recordkeeping,
Testing,
Inspection and
Determination of
Compliance
Requirements
Wis. Admin.
Code NR 439
Air Pollution
Establishes reporting, recordkeeping, testing,
inspection, and compliance requirements for
contaminant sources in addition to National
Emissions Standards for Hazardous Air
Pollutants.
10/1/1986
Last amended 4/1/1997.
297
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Standards of
Performance for
New Stationary
Sources
Wis. Admin.
Code NR 440
Air Pollution
This chapter is adopted to enable the
department to implement and enforce
standards of performance for new stationary
sources promulgated by the United States
environmental protection agency under
section 111 of the federal clean air act, (42
USC 7411) as required by s. 285.27 (1),
Stats.
Covers recordkeeping, monitoring,
reconstruction, performance tests, steam
generating units, incinerators, and more.
2/1/1984
Last amended 6/1/2008.
10
Control of
Hazardous
Pollutants
Wis. Admin.
Code NR 445
Air Pollution
Establishes emission thresholds, standards,
control requirements, and compliance
requirements for stationary air contaminant
sources, including both standards and source
categories not covered by the National
Emissions Standards for Hazardous Air
Pollutants. For example, establishes
standards for handling and storage of coal
and compression ignition internal
combustion engines combusting fuel oil, and
notification requirements for hazardous air
spills.
10/1/1986
Last amended 7/1/2004.
11
Control of
Mercury
Emissions
Wis. Admin.
Code NR 446
Air Pollution
Establishes state-level baseline mercury
emissions and reporting standards for major
utilities, as well as mercury emission limits
for new and modified, small and large coal-
fired electric generating units.
10/1/1986
Last amended
10/1/2004.
298
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Control of
Beryllium
Emissions
Wis. Admin.
Code NR 448
Air Pollution
This chapter applies to all air contaminant
sources which may emit beryllium and to
their owners and operators. This chapter is
adopted under ss. 285.11, 285.13, 285.17 and
285.27, Stats., to establish emission
limitations and stack sampling and testing
procedures for beryllium emissions from air
contaminant sources in order to protect air
quality.
10/1/1986
Last amended
10/17/2000.
13
Control of Vinyl
Chloride
Emissions
Wis. Admin.
Code NR 449
Air Pollution
This chapter applies to plants which produce
ethylene dichloride by reaction of oxygen
and hydrogen chloride with ethylene, vinyl
chloride by any process, one or more
polymers containing any fraction of
polymerized vinyl chloride and any
combination of these products and to all
owners and operators of these plants. This
chapter is adopted under ss. 285.11, 285.13,
285.17 and 285.27, Stats., to establish
emission limitations and sampling and
testing procedures for vinyl chloride air
contaminant sources and to create additional
monitoring, reporting and recordkeeping
requirements for owners or operators of a
vinyl chloride air contaminant source in
order to protect air quality.
10/1/1986
Last amended 6/1/1992.
299
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14
Emissions
Standards for
Hazardous Air
Pollutants for
Source Categories
Wis. Admin.
Code NR 460
Air Pollution
Enables the department to implement and
enforce standards for stationary sources
promulgated by EPA under section 112 of
the act (42 USC 7412), as required by ss.
285.27 (2) and 285.65, Stats. This chapter is
adopted under ss. 285.11, 285.13 and 285.17,
Stats., to establish general provisions for
notification, recordkeeping, monitoring and
reporting requirements for sources of
hazardous air contaminants.
4/1/1997
Last amended 4/1/2002.
15
Hazardous
Substances
Discharge
Notification and
Source
Confirmation
Requirements
Wis. Admin.
Code NR 706
Emergency
Planning and
Response
The purpose of this chapter is to adopt by
administrative rule notification requirements
for discharges of hazardous substances. This
chapter is adopted pursuant to ss. 227.11 (2)
and 292.11, Stats.
Includes additional responsibilities for
owners or operators of underground storage
tank systems
3/1/1997
Last amended
11/1/2013.
16
Toxic Chemical
Inventory Reports
by Private and
Public Agencies
Wis. Admin.
Code WEM 3
Emergency
Planning and
Response
The purpose of this chapter is to define
reporting requirements for submission of
toxic chemical inventory reports by private
agencies and public agencies as required by
s. 323.60 (5) (d) to (f), Stats. Covers
chemical release reporting, threshold
amount, exemptions and trade secrets
12/1/1991
Last amended Register
2/2010.
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Standards for
Managing
Specific
Hazardous Wastes
and Specific
Types of
Hazardous Waste
Management
Facilities
Wis. Admin.
Code NR 666
Hazardous
Substances
Management
This subchapter applies to recyclable
materials that are applied to or placed on the
land in one of the following ways: Without
mixing with any other substance; after
mixing or combination with any other
substance or substances. These materials will
be referred to throughout this subchapter as
"materials used in a manner that constitutes
disposal". Products produced for the general
public's use that are used in a manner that
constitutes disposal and that contain
recyclable materials are not presently
regulated if the recyclable materials have
undergone a chemical reaction in the course
of producing the products so as to become
inseparable by physical means and if the
products meet the applicable treatment
standards in subch. D of ch. NR 668 (or
applicable prohibition levels in s. NR 668.32,
where no treatment standards have been
established) for each recyclable material (i.e.,
hazardous waste) that they contain.
8/1/2006
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Hazardous Waste
Licensing and
Decision-Making
Procedures
Wis. Admin.
Code NR 670
Hazardous
Substances
Management
Overview of the hazardous waste license
program. Not later than 90 days after the
promulgation or revision of rules in ch. NR
661, identifying and listing hazardous
wastes, generators, and transporters of
hazardous waste, and owners or operators of
hazardous waste treatment, storage, or
disposal facilities may be required to file a
notification of that activity under s. NR
660.07. Treatment, storage, or disposal of
hazardous waste by any person who has not
applied for and received a hazardous waste
license is prohibited. A license application
consists of two parts, part A (see s. NR
670.013) and a feasibility and plan of
operation report (see s. NR 670.014 and
applicable sections in ss. NR 670.015 to
670.029). Treatment and storage facilities
(TSDs) that are otherwise subject to
licensing under ch. 291, Stats., and meet the
criteria in pars, (a) or (b) may be eligible for
a standardized license under subch. J of ch.
NR 667. For existing HWM facilities, the
requirements to submit a license application
is satisfied by submitting only part A until
the date the department sets for submitting
the feasibility and plan of operation report.
8/1/2006
Last amended 8/1/2017.
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Used Oil
Management
Standards
Wis. Admin.
Code NR 679
Hazardous
Substances
Management
This section identifies those materials which
are regulated as used oil under this chapter.
This section also identifies some materials
that are not regulated as used oil under this
chapter and indicates whether these materials
may be regulated as hazardous waste under
chs. NR 660 to 670. The department
presumes that used oil is to be recycled
unless a used oil handler disposes of used oil
or sends used oil for disposal. Except as
provided in s. NR 679.11, this chapter
applies to used oil, and to materials identified
in this section as being regulated as used oil,
whether or not the used oil or material
exhibits any hazardous waste characteristics
identified in subch. C of ch. NR 661.
Covers generators, collection centers,
transporters and transfer facilities, processors
and re-refiners, burners, marketers, and
disposal of used oil.
8/1/2006
Last amended Register
10/2013.
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Land Treatment
of Industrial
Liquid Wastes,
By-Product Solids
and Sludges
Wis. Admin.
Code NR 214
Hazardous
Waste
Management
and Disposal
The purpose of this chapter is to protect
public health and welfare by restoring,
maintaining and protecting the physical,
chemical and biological integrity of the
groundwater and all uses of state waters in
accordance with ch. NR 140, and chs. 160
and 283, Stats.; to establish design and
construction criteria for all land treatment
systems that receive industrial wastes and
require department approval of plans and
specifications under ch. NR 108 and s.
281.41, Stats.; and to establish discharge
limitations, monitoring requirements and
operating standards for all industrial land
treatment systems which require a permit
under ch. 283, Stats. Under s. 283.31, Stats.,
a permit is required for the lawful discharge
of any pollutant into the waters of the state,
which include groundwater by the definition
in s. 283.01 (20), Stats.
7/1/1990
Last amended Register
12/2014.
21
Hazardous Waste
Identification and
Listing
Wis. Admin.
Code NR 661
Hazardous
Waste
Management
and Disposal
This chapter identifies those solid wastes
which are subject to regulation as hazardous
wastes under chs. NR 662 to 665, 668 and
670 and which are subject to the notification
requirements of s. NR 660.07.
8/1/2006
22
Hazardous Waste
Generator
Standards
Wis. Admin.
Code NR 662
Hazardous
Waste
Management
and Disposal
Applicable to generators of hazardous waste
and covers manifest, pre-transport,
recordkeeping and reporting, exports and
imports, farmers, and more.
8/1/2006
Last amended Register
7/2017.
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Hazardous Waste
Transporter
Standards
Wis. Admin.
Code NR 663
Hazardous
Waste
Management
and Disposal
This chapter establishes standards which
apply to persons transporting hazardous
waste within Wisconsin if the transportation
requires a manifest under ch. NR 662 or
subch. HH of ch. NR 666. This chapter does
not apply to on-site transportation of
hazardous waste by generators or by owners
or operators of licensed hazardous waste
management facilities.
8/1/2006
Last amended 8/1/2017.
24
Hazardous Waste
Treatment,
Storage and
Disposal Facility
Standards
Wis. Admin.
Code NR 664
Hazardous
Waste
Management
and Disposal
Covers Preparedness and Prevention,
Contingency Plan and Emergency
Procedures, Manifest System,
Recordkeeping and Reporting, Releases
From Solid Waste Management Units,
Closure and Long-Term Care, Financial
Requirements, Containers, Tank Systems,
Surface Impoundments, Waste Piles, Land
Treatment, Landfills, Incinerators, Special
Provisions for Cleanup, Drip Pads,
Miscellaneous Units, Air Emission Standards
for Process Vents, Air Emission Standards
for Equipment Leaks, Air Emission
Standards for Tanks, Surface Impoundments
and Containers, Containment Buildings, and
Hazardous Waste Munitions and Explosives
Storage.
8/1/2006
Last amended 8/1/2017.
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Interim License
hazardous Waste
Treatment Storage
and Disposal
Facility Standards
Wis. Admin.
Code NR 665
Hazardous
Waste
Management
and Disposal
The purpose of this chapter is to establish
minimum state standards that define the
acceptable management of hazardous waste
during the period of the interim license and
until certification of final closure or, if the
facility is subject to long-term care
requirements, until long-term care
responsibilities are fulfilled. Except as
provided in s. NR 665.1080 (2), the
standards of this chapter, and of ss. NR
664.0552, 664.0553 and 664.0554, apply to
owners and operators of facilities that treat,
store or dispose of hazardous waste who
have fully complied with the interim license
requirements of s. 291.25 (4), Stats., and s.
NR 670.010 until either an operating license
is issued under s. 291.25, Stats., or until
applicable closure and long-term care
responsibilities under this chapter are
fulfilled, and to those owners and operators
of facilities in existence on November 19,
1980 who have failed to provide timely
notification as required by s. 291.05 (1),
Stats., and s. NR 660.07 or failed to file part
A of the EPA hazardous waste permit
application as required by s. NR 670.010 (5)
and (7). These standards apply to all
treatment, storage and disposal of hazardous
waste at these facilities after August 1, 2006,
except as specifically provided otherwise in
this chapter or ch. NR 661 and s. NR
662.220.
8/1/2006
Last amended 8/1/2017.
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Standards for
Owners and
Operators of
Hazardous Waste
Facilities
Operating Under
A Standardized
License
Wis. Admin.
Code NR 667
Hazardous
Waste
Management
and Disposal
(1) The purpose of this chapter is to
establish minimum standards which define
the acceptable management of hazardous
waste under a subch. J of ch. NR 670
standardized license.
(2) This chapter applies to owners and
operators of facilities who treat or store
hazardous waste under a subch. J of ch. NR
670 standardized license, except as provided
otherwise in subch. A of ch. NR 661, or s.
NR 664.0001 (7).
8/1/2017
27
Hazardous Waste
Land Disposal
Restrictions
Wis. Admin.
Code NR 668
Hazardous
Waste
Management
and Disposal
This chapter identifies hazardous wastes that
are restricted from land disposal and defines
those limited circumstances under which an
otherwise prohibited waste may continue to
be land disposed.
8/1/2006
Last amended 8/1/2017.
28
Universal Waste
Management
Standards
Wis. Admin.
Code NR 673
Hazardous
Waste
Management
and Disposal
This chapter establishes requirements for
managing all of the following:
(a) Batteries as described in s. NR 673.02.
(b) Pesticides as described in s. NR 673.03.
(c) Thermostats and mercury-containing
equipment as described in s. NR 673.04.
(d) Lamps as described in s. NR 673.05.
This chapter provides an alternative set of
management standards in lieu of regulation
under chs. NR 660 to 670.
8/1/2006
Last amended 8/1/2017.
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Water Quality
Standards for
Wisconsin
Surface Waters
Wis. Admin.
Code NR 102
Water
Pollution
The purpose of this chapter is to establish, in
conjunction with chs. NR 103 to 105, water
quality standards for surface waters of the
state pursuant to s. 281.15, Stats. This
chapter describes the designated use
categories for such waters and the water
quality criteria necessary to support these
uses. This chapter and chs. NR 103 to 105
constitute the water quality standards for the
surface waters of Wisconsin. Water quality
standards shall protect the public interest,
which includes the protection of public
health and welfare and the present and
prospective uses of all waters of the state for
public and private water supplies,
propagation of fish and other aquatic life and
wild and domestic animals, domestic and
recreational purposes, and agricultural,
commercial, industrial, and other legitimate
uses. Water quality standards serve as a basis
for developing and implementing control
strategies to achieve legislative policies and
goals. Water quality standards are the basis
for deriving water quality based effluent
limitations and the limitations shall be
determined to attain and maintain uses and
criteria, unless more stringent effluent
limitations are established to protect
downstream waters. Water quality standards
also serve as a basis for decisions in other
regulatory, permitting or funding activities
that impact water quality.
3/1/1989
Last amended
10/1/2010.
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Surface Water
Quality Criteria
and Secondary
Values for Tox
Substances
Wis. Admin.
Code NR 105
Water
Pollution
The purpose of this chapter is to establish
water quality criteria, and methods for
developing criteria and secondary values for
toxic substances to protect public health and
welfare, the present and prospective use of
all surface waters for public and private
water supplies, and the propagation of fish
and aquatic life and wildlife. This chapter
also establishes how bioaccumulation factors
used in deriving water quality criteria and
secondary values for toxic and organoleptic
substances shall be determined. Water
quality criteria are a component of surface
water quality standards. This chapter and
chs. NR 102 to 104 constitute quality
standards for the surface waters of
Wisconsin. The provisions of this chapter are
applicable to surface waters of Wisconsin as
specified in chs. NR 102 to 104 and in this
chapter.
3/1/1989
Last amended 9/1/1997.
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Procedures for
Calculating Water
Quality Based on
Effluent
Limitations for
Point Source
Discharges to
Surface Water
Wis. Admin.
Code NR 106
Water
Pollution
One purpose of this chapter is to specify how
the department will calculate water quality
based effluent limitations under s. 283.13
(5), Stats., for toxic and organoleptic
substances and whole effluent toxicity. The
other purpose of this chapter is to specify
how the department will decide if and how
these limitations will be included in
Wisconsin pollution discharge elimination
system (WPDES) permits. Water quality
based effluent limitations for toxic and
organoleptic substances are needed to assure
attainment and maintenance of surface water
quality standards as established in
accordance with s. 281.15 (1), Stats., and as
set forth in chs. NR 102 to 105.
The provisions of this chapter are applicable
to point sources which discharge wastewater
containing toxic or organoleptic substances
to surface waters of the state.
3/1/1989
Last amended Register
10/2002.
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Groundwater
Quality
Wis. Admin.
Code NR 140
Water
Pollution
The purpose of this chapter is to establish
groundwater quality standards for substances
detected in or having a reasonable
probability of entering the groundwater
resources of the state; to specify
scientifically valid procedures for
determining if a numerical standard has been
attained or exceeded; to specify procedures
for establishing points of standards
application, and for evaluating groundwater
monitoring data; to establish ranges of
responses the department may require if a
groundwater standard is attained or
exceeded; and to provide for exemptions for
facilities, practices and activities regulated
by the department
10/1/1985
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Application for
Discharge Permits
and Water Quality
Standards
Variances
Wis. Admin.
Code NR 200
Water
Pollution
Sets forth the requirements for filing
applications for the discharge permits
required by s. 283.31, Stats., to prescribe the
form of such applications pursuant to s.
283.37, Stats., and to specify the number of
business days within which the department
will publish a public notice indicating its
intended action on a Wisconsin pollutant
discharge elimination system permit
application or request for modification
pursuant to s. 227.116, Stats. Section 283.31,
Stats., requires a permit for the lawful
discharge of any pollutant into the waters of
the state, which include groundwaters by the
definition in s. 283.01 (13), Stats. The
federal water pollution control act of 1977,
P.L. 95-217; 33 USC 466 et seq., requires a
permit for the lawful discharge of any
pollutant into navigable waters. Therefore, in
Wisconsin, permits are required for
discharges from point sources to surface
waters of the state and additionally to land
areas where pollutants may percolate, seep
to, or be leached to groundwaters. This
includes the land application of sludge.
6/1/1985
Last amended
12/1/1999.
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Wisconsin
Pollutant
Discharge
Elimination
System Report of
Industrial Waste
Contribution to
Municipal or
Domestic
Treatment
Systems
Wis. Admin.
Code NR 202
Water
Pollution
Persons who discharge pollutants into
publicly or privately owned treatment works
and who are subject to s. 299.15, Stats., and
rules promulgated thereunder in ch. NR 101,
shall submit to the owner or operator of such
works a report describing present discharges
to such works and maximum discharge to
such works based on a reasonably
foreseeable projection of production
increases, process modifications, or facility
expansion during the next 5 years, in
accordance with s. 283.37 (4), Stats. Submit
a description of each major industrial facility
discharging to the treatment system, using a
separate Section IV for each facility
description. Indicate the 4-digit Standard
Industrial Classification (SIC) Code for the
industry, the major product or raw material,
the flow (in thousand gallons per day), and
the characteristics of the wastewater
discharged from the industrial facility into
the treatment system. Consult Table III for
standard measures of products or raw
materials.
2/1/1974
Last amended Register
11/1996.
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General
Pretreatment
Requirements
Wis. Admin.
Code NR 211
Water
Pollution
Establishes under s. 283.21 (2), Stats., the
responsibilities of industrial users and of
publicly owned treatment works in
preventing the discharge into publicly owned
treatment works of pollutants which will
interfere with the operation of the POTW,
will pass through the POTW insufficiently
treated, or which will impair the use or
disposal of POTW sludge.
The provisions of this chapter apply to
industrial users and to publicly owned
treatment works which receive or may
receive wastewater from such industrial
users.
8/1/1983
Last amended 2/1/2014.
36
Coal Mining
Wis. Admin.
Code NR 268
Water
Pollution
Establishes effluent limitations, standards of
performance, and pretreatment standards for
discharges of process wastes from the coal
mining category of point sources and
subcategories thereof.
The effluent limitations, standards of
performance, pretreatment standards, and
other provisions in this chapter are applicable
to pollutants or pollutant properties in
discharges of process waste resulting from
activities in any or a combination of the
following subcategories.
(1) Coal preparation plant.
(2) Coal preparation plant ancillary area.
(3) Acid or ferruginous mine drainage.
(4) Alkaline mine drainage.
7/1/1977
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Water Quality
Certification
Wis. Admin.
Code NR 299
Water
Pollution
This chapter is promulgated under ss. 227.11
(2) (a), 281.11, 281.12 (1) and 283.001,
Stats., to establish procedures and criteria for
the application, processing and review of
state water quality certifications required by
the provisions of the federal water pollution
control act, 33 USC 1251 et seq. It is the
policy of the department to review,
consistent with the requirements of section
1341 of the federal water pollution control
act, 33 USC 1251, et seq., all activities which
require a federal license or permit which may
result in any discharge to waters of the state.
6/1/1981
Last amended
11/1/1990.
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Miscellaneous
Structures in
Navigable
Waterways
Wis. Admin.
Code NR 329
Water
Pollution
Establishes reasonable procedures and
limitations for exempt activities, general
permits and individual permits for structures
placed in navigable waterways as regulated
under s. 30.12 (lg), (lp), (3) (a), (d), and
(3m), Stats., in order to protect the public
rights and interest in the navigable, public
waters of the state as defined in s. 30.10,
Stats.
This chapter applies to construction,
placement and maintenance of boat landings,
dry fire hydrants, fords, intake and outfall
structures, pilings, pea gravel blankets and
weed rakes regulated under ss. 30.12 (lg)
(a), (g), (h) and (km), (3) (a) 1., 4., 5., (d),
and (3m), and 30.20 (lg) (b) 2., Stats., and to
all other structures constructed, placed or
maintained in navigable waterways unless
regulated under another chapter. Any person
who intends to construct, place or maintain a
structure in any navigable waterway shall
comply with all applicable provisions of this
chapter and any permit issued under this
chapter.
5/1/2005
Last amended 1/1/2006.
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Sludge handling,
storage and
disposal
Wis. Admin.
Code NR NR
110.26
Water
Pollution
Design of sludge handling facilities shall
consider such factors as the volume of sludge
generated, its percent solids and character,
the degree of volatile solids reduction, sludge
temperature, the degree or extent of mixing
to be obtained, the sludge percent solids and
characteristics after processing and the size
of the installation with appropriate
allowances for sludge and supernatant
storage and energy requirements whenever
such factors are appropriate for the design of
the sludge processing facilities.
12/1/1974
Last amended Register
1/2012.
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APPENDIX IV. INDUSTRY VOLUNTARY PROGRAMS
The following table summarizes the industry voluntary programs relevant to the fossil fuel
electric power generation facilities. EPA does not expect that it presents a comprehensive
summary of the voluntary programs relevant to facilities in the electric power generation,
transmission, and distribution industry. Rather, this report attempts to describe the kinds of
voluntary programs available to facilities for further improving their environmental performance.
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Industry Voluntary Programs Applicable to Fossil Fuel Electric Power Generation Facilities
Row
Program
Overview
1
Center for
Corporate
Climate
Leadership
The U.S. EPA's Climate Protection Partnerships Division is committed to reducing greenhouse
gases (GHGs) through cost-effective partnerships to advance clean energy and energy efficiency
across the U.S. economy. As part of this commitment, The EPA's Center for Corporate Climate
Leadership ("The Center") was launched in 2012 to establish norms of climate leadership by
encouraging organizations with emerging climate objectives to identify and achieve cost-effective
GHG emission reductions, while helping more advanced organizations drive innovations in
reducing their greenhouse gas impacts in their supply chains and beyond. The Center serves as a
comprehensive resource to help organizations of all sizes measure and manage GHG emissions,
providing technical tools, ground-tested guidance, educational resources, and opportunities for
information sharing and peer exchange among organizations interested in reducing the
environmental impacts associated with climate change.
2
Coal
Combustion
Products
Partnership
(C2P2)
The Coal Combustion Products Partnership (C2P2) was cooperative effort between EPA and the
American Coal Ash Association (ACAA), Utility Solid Waste Activities Group (USWAG),
Department of Energy (DOE), Federal Highway Administration (FHWA), and the Unites States
Department of Agriculture (USD A) to promote the beneficial use of coal combustion products
(CCPs) and the environmental benefits that result from their use. Through the C2P2 program, EPA
works with federal and state governments and industry organizations to address legal, institutional,
economic, market, informational, and other barriers to the beneficial use of CCPs. Specifically,
C2P2 aims for the following goals:
• Reduce adverse effects on air and land by increasing the use of coal combustion products to 50
percent in 2011 from 32 percent in 2001.
• Increase the use of CCPs as a supplementary cementitious material (SCM) in concrete by 50
percent, from 12.4 million tons in 2001 to 18.6 million tons in 2011, thereby decreasing greenhouse
gas emissions from avoided cement manufacturing by approximately 5 million tons.
The C2P2 program aims to accomplish these goals by working with C2P2 Partners, supporting
research and technical assistance activities, and conducting outreach and education.
The C2P2 program was halted in 2010, in part because EPA had promoted some uses of coal ash,
such as filler in road embankments, that presented environmental risks that EPA had not evaluated.
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Combined Heat
and Power
(CHP)
Partnership
The U.S. Environmental Protection Agency (EPA) established the Combined Heat and Power
(CHP) Partnership as a voluntary program that promotes efficient CHP technologies across the
United States. The Partnership works closely with energy users, the CHP industry, state and local
governments, and other clean energy stakeholders to facilitate the development of new projects and
to promote their environmental and economic benefits. CHP features include:
• CHP project qualification tools to determine whether CHP is worth considering at a particular
facility.
• The CHP Emissions Calculator, which compares the anticipated CH4, C02, C02e,
S02, N20, and NOX emissions from a CHP system to the emissions from a SHP system.
4
EIA Voluntary
Reporting of
Greenhouse
Gases Program
The EIA Program, required by Section 1605(b) of the Energy Policy Act of 1992, provides an
opportunity for any interested party to record and highlight specific achievements related to its
historic and current greenhouse gas emissions, emission reductions, and carbon sequestration.
While reporting entities could report entity-wide emissions and emission reductions, the focus of
the original program was on actions or projects that reduce emissions of greenhouse gases or
increase carbon sequestration. On February 14, 2002, President Bush announced the
Administration's Global Climate Change Initiative which included a framework for improving the
program to enhance measurement accuracy, reliability, and verifiability. The guidelines for the
Program were revised through an extensive interagency and multiyear public review process that
included workshops, meetings, and other opportunities for stakeholders to provide oral and written
comments. The new version of Form EIA-1605, developed by EIA for reporting under the revised
guidelines, was approved in July 2007 by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995. Reporting on the new form was delayed until November 2009,
to allow for the development of an internet-based electronic version of the revised form.
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5
Global
Environmental
Management
Initiative Total
Quality
Environmental
Management
Program
Following the success of EPA's 33/50 Program (which ended in 1996), the Global Environmental
Management Initiative - a coalition of companies founded in 1990 - created Total Quality
Environmental Management (TQEM). TQEM is a method that companies can employ to address
corporate environmental performance with a comprehensive management approach. TQEM has
four elements: 1) identification of the customer base that seeks improved environmental
performance and the further identification of what environmental improvements they value; 2) the
involvement of all employees in systematic efforts to continuously improve environmental
performance; 3) the proactive elimination of environmental risks, rather than responding to
environmental risks as they arise; 4) the integration of environmental management systems so that
they support one another.
6
International
Organization
for
Standardization
(ISO) 14001
Environmental
Management
system
The International Organization for Standardization (ISO) 14000 family of standards provides tools
for companies and organizations of all kinds looking to manage their environmental responsibilities.
ISO 14001 and its supporting standards such as ISO 14006 focus on the development and
implementation of the environmental systems necessary to achieve this. The standards are
categorized into: leadership, planning, support, operation, performance evaluation, and
improvement. The other standards in the family focus on specific approaches such as audits,
communications, labelling and life cycle analysis, as well as environmental challenges such as
climate change. The ISO 14000 family of standards are developed by the ISO Technical Committee
ISO/TC 207 "Environmental Management" and its various subcommittees.
7
International
Electrotechnical
Commission
(IEC) 61511
Worldwide organization for standardization to promote international cooperation on electrical and
electronic fields. They publish standards, technical specifications and reports, guides, and other
documents. They collaborate closely with the international organization for standardization. The
process industry sector includes many types of manufacturing processes, such as refineries,
petrochemical, chemical, pharmaceutical, pulp and paper, and power. IEC standard 61511 is a
technical standard which sets out practices in the engineering of systems that ensure the safety of an
industrial process through the use of instrumentation. Such systems are referred to as Safety
Instrumented Systems.
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Program
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8
Ohio EPA Tox-
Minus Program
Through the Ohio EPA's Tox-Minus Program, in 2005 the state agency identified 100 of the
facilities that reported the greatest number of TRI emissions to waste, water, and air and asked
those facilities to reduce their emissions over a five-year period, with 2007 as the baseline.
Facilities could select both their pollution reduction goals and the methods they would use to
achieve those goals. Facilities in the program submitted a pollution reduction plan and annual
reports to Ohio EPA. Although Ohio EPA targeted the top 100 TRI reporters, the program was open
to all facilities in the state.
9
OSHA
Challenge
Program
Through the federal OSHA Challenge Program, OSHA provides participating employers and
workers an avenue to work with their designated Challenge Administrator entity to develop and/or
improve their safety and health management program through mentoring, training and progress
tracking. Challenge participants do not receive exemptions from OSHA programmed inspections.
10
OSHA
Voluntary
Protections
Program (VPP)
The federal Voluntary Protection Programs (VPP) recognize employers and workers in the private
industry and federal agencies who have implemented effective safety and health management
systems and maintain injury and illness rates below national Bureau of Labor Statistics averages for
their respective industries. In VPP, management, labor, and OSHA work cooperatively and
proactively to prevent fatalities, injuries, and illnesses through a system focused on: hazard
prevention and control; worksite analysis; training; and management commitment and worker
involvement. To participate, employers must submit an application to OSHA and undergo a
rigorous onsite evaluation by a team of safety and health professionals. Union support is required
for applicants represented by a bargaining unit. VPP participants are re-evaluated every three to live
years to remain in the programs. VPP participants are exempt from OSHA programmed inspections
while they maintain their VPP status.
11
Red Wing
Community
Awareness and
Emergency
Response
(CAER)
The Red Wing, Minnesota Community Awareness and Emergency Response (CAER) program
provides and supports preparedness for public safety and environmental quality. Red Wing CAER
membership is made up of private business, emergency response organizations and city and county
governments. CAER holds regular meetings to help prepare and train for responses to an emergency
release in the area. Classroom training sessions, scenarios, speakers and tabletop exercises are held
with the goal of being prepared to help mitigate and reduce the risk to people, business and the
environment. One of their goals is to help protect the Mississippi River system by encouraging the
formation of other CAER groups.
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12
The American
National
Standards
Institute
(ANSI)
The American National Standards Institute (ANSI) empowers its members and constituents to
strengthen the U.S. marketplace position in the global economy while helping to assure the safety
and health of consumers and the protection of the environment.
The Institute oversees the creation, promulgation and use of thousands of norms and guidelines that
directly impact businesses in nearly every industry: from acoustical devices to construction
equipment, from dairy and livestock production to energy distribution, and many more. ANSI is
also actively engaged in accreditation - assessing the competence of organizations determining
conformance to standards.
Although ANSI itself does not develop American National Standards (ANSs), it provides all
interested U.S. parties with a neutral venue to come together and work towards common
agreements. The process to create these voluntary standards is guided by the Institute's cardinal
principles of consensus, due process and openness and depends heavily upon data gathering and
compromises among a diverse range of stakeholders. The Institute ensures that access to the
standards process, including an appeals mechanism, is made available to anyone directly or
materially affected by a standard that is under development. Thousands of individuals, companies,
government agencies and other organizations such as labor, industrial and consumer groups
voluntarily contribute their knowledge, talents and efforts to standards development.
13
Voluntary
Incentives
Program (VIP)
for Flue Gas
Desulfurization
(FGD)
Wastewater
Treatment
As part of the effluent limitations guidelines (ELGs) for the steam electric power generating
industry, EPA established the Voluntary Incentives Program (VIP) that provides more time (until
December 31, 2023) for plants that voluntarily opt to install additional process changes and controls
to achieve best available demonstrated control technology (BADCT) limitations for mercury,
arsenic, selenium, and total dissolved solids (TDS), based on evaporation technology. Such power
plant discharges can cause increases in brominated disinfection byproducts (DBPs) in drinking
water supplies. The Preamble states "it may be appropriate for permitting authorities to establish
water quality-based effluent limitations on bromide, especially where steam electric power plants
are located upstream from drinking water intakes." Plants located upstream of a drinking water
intake with more stringent TDS limitations may opt to participate in the VIP to benefit from the
time extension.
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