Summary Report: Federal and State
Environmental Regulations and Industry
Voluntary Programs in Place to Address CERCLA
Hazardous Substances at Petroleum and Coal
Products Manufacturing Facilities
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TABLE OF CONTENTS
Table of Contents i
Introduction 1
Methodology 2
Summary 4
Section I. Federal and State Environmental Regulations 7
A. Air Pollution 8
B. Water Pollution 15
C. Emergency Planning and Response 22
D. Hazardous Substances Management 31
E. Hazardous Waste Disposal and Management 36
F. Effectiveness of Federal and State Environmental Regulations 43
Section II. Industry Voluntary Programs 49
A. Programs Summary 49
B. Effectiveness of Industry Voluntary Programs 53
Appendix I. State Sample Methodology 61
NAICS 324: Petroleum Refineries and Coal Manufacturing Facilities 61
Appendix II. Federal Environmental Regulations 68
Table A. Federal Environmental Regulations Relevant to Petroleum Refineries and Coal
Products Manufacturing Facilities 69
Appendix III. State Environmental Regulations 130
Table A. Alaska: State Environmental Regulations Relevant to Petroleum Refineries and
Coal Products Manufacturing Facilities 131
Table B. California: State Environmental Regulations Relevant to Petroleum Refineries
and Coal Products Manufacturing Facilities 140
Table C. Illinois: State Environmental Regulations Relevant to Petroleum Refineries and
Coal Products Manufacturing Facilities 155
Table D. Louisiana: State Environmental Regulations Relevant to Petroleum Refineries
and Coal Products Manufacturing Facilities 170
Table E. Oklahoma: State Environmental Regulations Relevant to Petroleum Refineries
and Coal Products Manufacturing Facilities 180
Table F. Pennsylvania: State Environmental Regulations Relevant to Petroleum
Refineries and Coal Products Manufacturing Facilities 192
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Table G. Texas: State Environmental Regulations Relevant to Petroleum Refineries and
Coal Products Manufacturing Facilities 200
Table H. Utah: State Environmental Regulations Relevant to Petroleum Refineries and
Coal Products Manufacturing Facilities 209
Table I. Virginia: State Environmental Regulations Relevant to Petroleum Refineries and
Coal Products Manufacturing Facilities 227
Table J: Washington: State Environmental Regulations Relevant to Petroleum Refineries
and Coal Products Manufacturing Facilities 242
Table K. Wyoming: State Environmental Regulations Relevant to Petroleum Refineries
and Coal Products Manufacturing Facilities 257
Appendix IV. Industry Voluntary Programs 266
Table A. Industry Voluntary Programs Relevant to Petroleum Refineries and Coal
Products Manufacturing Facilities 267
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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 state 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 (NAICS 2211); the petroleum and coal products manufacturing industry
(NAICS 324); and the chemical manufacturing industry (NAICS 325).2 This report focuses on
the petroleum and coal products manufacturing industry.
As part of EPA's consideration of financial assurance regulations for facilities within these
identified sectors, EPA is evaluating the existing environmental regulatory framework at the
state and federal level, 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. The following section summarizes the information on federal and state
environmental regulations relevant to CERCLA hazardous substances at petroleum refineries and
coal products manufacturing facilities. The section categorizes regulations according to the
release vector that the regulations attempt to address: air pollution; water pollution; emergency
planning and response; hazardous substances management; and hazardous waste disposal and
management. Next, the report describes a suite of industry voluntary programs in which
petroleum refineries and coal products manufacturing facilities may participate that supplement
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 discusses the
1 74 FR 37213.
2 75 FR 3.
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methodology EPA used to generate a sample of states from which EPA collected environmental
regulatory information relevant to petroleum refineries and coal products manufacturing
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 the state
and federal level that address the production, transportation, treatment, storage, or disposal of
hazardous substances at the petroleum and coal products manufacturing industry facilities, as
well as voluntary programs intended to supplement environmental regulations in which
petroleum refineries and coal products manufacturing facilities participate. EPA reviewed the
code of federal regulations,3 thq Federal Register,4 state administrative codes, federal and state
governmental resources, Risk Management Plans (RMPs) for relevant facilities, and academic
literature. EPA also interfaced with relevant industry groups for feedback on regulations that
applied to them.
To summarize the state regulatory framework relevant to petroleum refineries and coal products
manufacturing facilities, EPA first generated a sample of states representative of the geographic
distribution of petroleum refineries and coal products manufacturing facilities that includes the
states with the highest number of relevant facilities that, together, contain over 50 percent of the
petroleum refineries in the United States and the states that contain over 50 percent of the coal
products manufacturing facilities in the United States. The state sample comprises: Texas,
Louisiana, California, Alaska, Oklahoma, Utah, Washington, Wyoming, Pennsylvania, Illinois,
and Virginia.5
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 petroleum
refineries and coal products manufacturing facilities. The following section on federal and state
environmental regulations categorizes regulations according to the release vector the regulations
attempt to address:
Air pollution regulations;
Water pollution regulations;
Emergency planning and response regulations;
Hazardous substance management regulations;
3 The 2018 Code of Federal Regulations can be accessed at:
https ://www. gpo. gov/fdsvs/browse/collectionCfr. action? selectedY earFrom=2018&go=Go.
4 The Federal Register can be accessed at: httos://www.federalregister. gov/.
5 Appendix I provides a complete description of the methodology EPA used to generate this sample.
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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.
This report attempts to describe the kinds of voluntary programs available to facilities to improve
their environmental performance.
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
sector, 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.
This document also does not endeavor to describe or prescribe gaps in the existing regulatory
framework relevant to petroleum refineries and coal products manufacturing facilities. This
report reviews the relevant regulations and a sampling of academic literature on their
effectiveness but does not attempt to identify areas of concern that the current regulations do not
address.
Additionally, this document reviews the existing framework of federal and state environmental
regulations and industry voluntary programs. 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. These releases may
not cause environmental harm until long after facility closure. As a result, a risk of release
remains from closed and/or historical facilities because of practices and operations that predated
the regulations and programs that this document summarizes.
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SUMMARY
The federal and state environmental regulations and industry voluntary programs relevant to
petroleum refineries and coal products manufacturing facilities, as well as the effectiveness of
those regulations and programs, are summarized below:
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, including federal emissions
standards for petroleum refineries and related facilities.
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, process safety management (PSM) standards, and
emergency response standards for facilities that handle hazardous materials or waste.
EPA enacted CERCLA in 1980, 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) 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. The EPA regulations cover hazardous
substance designation, recordkeeping, and reporting. 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
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that apply to the generation, transportation, treatment, storage, and disposal of hazardous
waste. RCRA largely operates through permitting programs applicable to hazardous
waste 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 generate and 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.
State regulations incremental to federal regulations that apply to petroleum refineries and
coal products manufacturing facilities generally impose stricter or additional standards
for emissions, spill prevention, emergency preparedness and hazardous substance
management on facilities and sites that store, handle, process, or dispose of toxic or other
hazardous chemicals. 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. State air emission standards for the six criteria
pollutants are sometimes more stringent than federal standards for the pollutants. States
also promulgate regulations that cover air pollution emergency episodes, under which
sources must generate and follow abatement plans. States with significant oil and gas
refining and manufacturing industries have also implemented state regulations applicable
to facilities that store or use oil and oil related materials, including petroleum refineries
and petroleum and coal production manufacturing facilities. For example, Wyoming has
implemented state level regulations that cover the containment, cleanup, and disposal of
oil or hazardous substances which have been released and which enter, or threaten to
enter, waters of the state. Alaska has established requirements for owners or operators of
petroleum production facilities to prevent the discharge of oil; these regulations include
financial responsibility provisions and amounts required for responsible parties of oil
terminal facilities. Alaska also established comprehensive workplace safety standards for
the petroleum refining industry, including standards for process equipment maintenance,
equipment leakage and breakage, and high-pressure hydrocarbons. California regulations
set minimum safety standards for equipment and operations used in or appurtenant to the
refining, storage, and handling of petroleum, natural gas, and their products. Virginia also
implemented financial responsibility requirements for petroleum underground storage
tank owners and operators that require owners and operators. Several states have
established regulations that govern the generation, transportation, processing, and
disposal of used oil, including Alaska, California, Illinois, Louisiana, Oklahoma,
Pennsylvania, Texas, Utah, and Washington.
Voluntary programs relevant to the petroleum refining and coal products manufacturing
industries may be implemented or promoted by federal or state agencies to supplement
regulations implemented by individual industry firms, regulations or sponsored by non-
profit organizations and trade associations. Programs set or publish environmental
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management and safety standards that facilities may follow. They may supplement
federal and state regulations that comply with international standards and/or regulations.
The programs may have a certification from a government agency or industry group that
promulgates the standards. Programs also serve as forums for coordination and
collaboration among companies, facilities, and government agencies to develop best
practice standards and improve emergency preparedness. These programs have achieved
moderate success at reducing pollution emissions through targeted goals and the diffusion
of environmental management technology.
Petroleum refineries and related coal products manufacturing facilities are major sources
of air pollution.6 The literature on the regulatory regime applicable to the petroleum
refining industry focuses on air pollution regulations, and largely concludes that they
have successfully reduced target pollutants in emissions from the regular operation of
petroleum refineries. However, refineries also experience unscheduled emissions events,
the pollutant emissions from which constitute a large portion of petroleum refinery
emissions. The CAA does not establish standards or otherwise address emissions events,
leaving their regulation to the states. As a result, the stringency of these regulations
varies, and in some states, emissions events remain largely unregulated pollutant releases.
Several of the environmental laws discussed below are related to the development of
response plans. Response plans can reduce the effects of the release, can provide valuable
information to local emergency response personnel and can also foster communication
and awareness to improve accident prevention and emergency response practices at the
local level. For example, EPA implemented the Chemical Accident Prevention
Provisions which require certain facilities to generate Risk Management Plans (RMPs) to
mitigate the effects of a chemical accident and coordinate with local response personnel.
Under the Oil Pollution Prevention Regulations implemented with the authority of the
CWA, facilities that store or use certain amounts of oil and oil products must develop
Spill Prevention, Control, and Countermeasure (SPCC) Plans to prevent the discharge of
oil to navigable waters in case of a spill. OSHA Emergency Action Plan (EAP)
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. EPA implemented regulations pursuant to the Emergency Planning and
Community Right to Know Act (EPCRA) that imposed emergency planning, reporting,
and notification requirements related to hazardous and toxic chemicals. Finally, waste
storage facilities permitted under RCRA Subtitle C are subject to requirements that
include the creation of response action plans.
6 M.L. Jarrell and J. Ozymy, "Excessive Air Pollution and the Oil Industry: Fighting for Our Right to Breathe Clean
Air," Environmental Justice 3, No. 3 (2010): 111-115.
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SECTION I. FEDERAL AND STATE ENVIRONMENTAL REGULATIONS
Five principal federal environmental laws form the basis of the environmental requirements for
petroleum refineries and coal products manufacturing facilities: the CAA, CWA, TSCA, RCRA,
and CERCLA. Below, EPA has summarized these pieces of legislation, their amendments, and
the regulations federal agencies have promulgated under their authority that are relevant to
petroleum refineries and coal products manufacturing facilities.
In many cases, states adopt federal regulations or incorporate them by reference into state
administrative codes. In other cases, however, 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 petroleum refineries and coal
products manufacturing facilities in the following subsections.7
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.8 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 petroleum
refineries and coal products manufacturing facilities, 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 petroleum refining and petroleum and
coal products manufacturing industry. This is followed by information that indicates where key
state regulations pertaining to the petroleum refining and petroleum and coal products
manufacturing industry 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 of federal and state regulations in
CERCLA hazardous substance management, disposal, and release prevention, mitigation, and
response.
7 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 summary of the relevant state
regulations that EPA located, see Appendix III.
8 See, for example, "Delegation of Clean Air Act Authority," EPA, accessed September 18, 2018 at:
https://www.epa.gov/caa-permitting/delegation-clean-air-act-authoritv.
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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.9
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 taken into account in this
report to characterize the over-arching regulatory framework relevant to the Petroleum and Coal
Products Manufacturing sector. 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
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 pollutants.10 EPA promulgated
the regulations that created NAAQS on November 25, 1971; the regulations can be found at 40
CFR Part 50.11
9 "Evolution of the Clean Air Act," EPA, accessed September 19, 2018 at: https://www.epa. gov/clean-air-act-
overview/evolution-clean-air-act.
10 "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.
11 36 FR 22384.
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2. Clean Air Act (1970) - New Source Performance Standards
The NSPS program established air emissions standards for new constructed stationary source
facilities or features at facilities. Standards varied 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 60.12
EPA promulgated several NSPS standards relevant to petroleum refineries and coal products
manufacturing facilities in the following subparts of 40 CFR Part 60: J - standards for particulate
matter, carbon monoxide, and sulfur oxide emissions at petroleum refineries; K - vapor pressure
in petroleum liquid storage vessels; GGG- standards for leaks of volatile organic compounds at
petroleum refineries; and QQQ - volatile organic compound emissions from petroleum refinery
wastewater systems. These standards were effective on March 15, 1978, March 8, 1974, May 30,
1984, and November 23, 1988, respectively.13
The 1977 amendments to the CAA created the New Source Review (NSR) permitting program.14
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; NonattainmentNSR 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
NAAQS, and Minor NSR permits are for minor emissions sources. The program was published
in 40 CFR Parts 49 and 52.15
3. Clean Air Act (1970) - National Emission Standards for Hazardous Air Pollutants
EPA initially implemented of NESHAPS with the publication of the rule on April 6, 1973 in 40
CFR Part 61.16 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.17 EPA expanded the definition of hazardous pollutants to include vinyl
12 36 FR 24877.
13 43 FR 10866; 39 FR 9317; 49 FR 26606; 53 FR 47623.
14 "Evolution of the Clean Air Act," EPA, accessed September 19, 2018 at: https://www.epa.gov/clean-air-act-
overview/evolution-clean-air-act.
15 36 FR 22398; "New Source Review Laws & Statutes," EPA, accessed September 19, 2018 at:
https://www.epa.gov/nsr/new-source-review-laws-statutes.
16 38 FR 8826.
17 36 FR 5931.
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chloride in 1975,18 benzene in 1977,19 radionuclides in 1979,20 inorganic arsenic in 1980,21 and
coke oven emissions in 1984.22 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 potentially causing 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.23
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, 1992.24 NESHAPS relevant to petroleum refineries include those implemented
through Subpart CC, standards for organic hazardous air pollutants at petroleum refineries,
which became effective August 18, 1995.25
4. Clean Air Act (1990 Amendments) - Chemical Safety Board
The U.S. Chemical Safety Board was also authorized by the Clean Air Act 1990 amendments
and became operational in 1998. Following the successful model of the National Transportation
Safety Board and the Department of Transportation, Congress directed that the CSB's
investigative function be completely independent of the rulemaking, inspection, and enforcement
authorities of EPA and OSHA. Congress recognized that Board investigations would identify
chemical hazards that were not addressed by those agencies. The purpose of a CSB accident
investigation is to determine the cause or causes of an accident whether those causes were in
violation of any current and enforceable requirement.26
5. Clean Air Act (1990 Amendments) - General Duty Clause
EPA implemented the General Duty Clause under the 1990 Clean Air Act Amendments, as well.
The General Duty Clause is located in the Clean Air Act's Accidental Release section (Section
18 40 FR 59532.
19 42 FR 29332.
20 44 FR 76738.
21 45 FR 37886.
22 49 FR 36560.
23 "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.
24 57 FR 61992.
25 60 FR 43260.
26 "History," U.S. Chemical Safety Board, accessed December 19, 2018 at: https://www.csb.gov/about-the-
csb/historv/.
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112(r)). The General Duty Clause states that facilities using or possessing chemicalssuch as oil
and gas producers, refineries, chemical manufacturers, distributors and othershave a "general
duty" to identify hazards which may result from a chemical release and to take "necessary steps"
to prevent such releases.27
6. 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. RMP development addresses chemical accident
prevention. An RMP identifies the potential effects of a chemical accident at a given facility,
identifies actions that the facility is taking to prevent an accident, and describes emergency
response procedures that the facility will follow if an accident occurs. In addition to improving
facility preparedness for chemical accidents, RMPs also provide critical information to local
emergency response personnel. EPA published the final rule on June 20, 1996, and the
provisions became effective June 21, 1999.28
7. 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
implemented the GHGRP under the authority of CAA sections 114 and 208. GHGRP regulations
can be found at 40 CFR Part 98.29
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
27 "General Duty Clause under the Clean Air Act Section 112(r)(l)," EPA, accessed June 28, 2019 at:
https://www.epa.gov/rmp/general-dutv-clause-under-clean-air-act-section-112rl: U.S. Environmental Protection
Agency, "Fact Sheet: The General Duty Clause," March 2009, accessed June 28, 2019 at:
https://www.epa.gov/sites/production/files/2013-10/documents/gdc-fact.pdf.
28 59 FR 4493; 61 FR 31668; "Risk Management Plan (RMP) Rule Overview," EPA, accessed June 28, 2019 at:
https://www.epa.gov/rmp/risk-management-plan-rmp-rule-overview.
29 74 FR 56259.
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United States. The GHGRP currently applies to facilities in 41 industrial categories (40 CFR Part
98, Subpart Y). EPA publishes the publicly available data that result from GHGRP reporting.30
Greenhouse gas reporting regulations relevant to petroleum refineries are in Subpart Y. Other
greenhouse gas reporting regulations relevant to the Petroleum Refineries and Coal Products
Manufacturing industry include Subpart W, which establishes regulations for petroleum and
natural gas systems, and Subpart X, which contains regulations for petrochemical production
facilities. Petroleum refineries and petrochemical production facilities began reporting their
greenhouse gas emissions under GHGRP in 2010, while petroleum and natural gas systems
facilities started reporting in 2011.31
8. State Regulations
The following section briefly summarizes noteworthy state air pollution regulations that impose
requirements on petroleum refineries and coal products manufacturing 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 petroleum refining and
coal products manufacturing industries.32
In addition to the six pollutants regulated through NAAQS, Alaska has implemented air
quality standards for ammonia.33 The state created a permit program requiring permits for
major stationary source construction or modification and operation.34 Alaska also
implemented a minor-source permitting system that requires permits for construction,
operation, or relocation of various stationary sources.35 18 AAC 50 Article 1 requires any
polluter to identify, prevent, abate, and control air pollution in a manner that meets the
purposes of AS 46.03, AS 46.14, and 42 U.S.C. 7401-7671q (Clean Air Act).36 Alaska
also established requirements for owners, operators, or permittees of volatile liquid
storage tanks.37 Further, annual testing and reduction of organic vapors from stationary
30 "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.
31 "Resources by Subpart for GHG Reporting," EPA, accessed September 18, 2018 at:
https://www.epa.gov/ghgreporting/resources-subpart-ghg-reporting.
32 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.
3318 AAC 50.010.
3418 AAC 50 Article 3
3518 AAC 50 Article 5
3618 AAC 50 Article 1
37 18 AAC 50.085
12
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sources is also required under state law.38 18 AAC 50.410 requires stationary sources to
pay an annual emissions fee based on their assessable emissions for that year.39 The state
has also established additional emission limits at petroleum refineries for particulate
matter, carbon monoxide, and sulfur dioxide. These limits vary depending on whether the
refinery has a catalytic cracking unit catalyst regenerator, a sulfur recovery plant, or fuel-
burning equipment.40
California's ambient air quality standards are more stringent than NAAQS for criteria
pollutants, and further include standards for visibility reducing particles, hydrogen
sulfide, and vinyl chloride.41 California identifies areas in which transported air
pollutants from upwind areas cause or contribute to a violation of the state ambient air
quality standards for ozone.42 Districts within the areas of origin of transported air
pollutants, as identified in section 70500(c), shall include sufficient emission control
measures in their attainment plans for ozone adopted pursuant to part 3, chapter 10
(commencing with section 40910) of division 26 of the Health and Safety Code, to
mitigate the impact of pollution sources. 43 California also requires GHG reporting,
verification, and other requirements for operators of certain facilities that directly emit
GHGs.44 17 CCR § 93001 defines the hazardous air pollutants designated to be toxic air
contaminants.45 California Accidental Release Prevention (CalARP) adopts the federal
Chemical Accident Prevention Provisions and includes additions specific to California.46
Illinois established standards and limitations for emissions of organic material from
stationary sources.47 There are also permitting for major stationary sources in
nonattainment areas, requirements for these sources, and operating or major
modification.48 35 111. Adm. Code 203 and 35 111. Adm. Code 231 adopt federal
standards. 49 National primary ambient air quality standards (primary NAAQS) define
levels of air quality that USEPA has judged are necessary, with an adequate margin of
38 18 AAC 50.090
39 18 AAC 50.410
40 18 AAC 50.055
41 17 CCR 701000-70201
42 17 CCR § 70500
43 17 CCR § 70600
44 17 CCR § 95100-4
45 17 CCR § 93001
46 19 CCR § 2735.1
47 3 5 111. Adm Code 215
48 35 111. Adm. Code 203
49 3 5 111. Adm. Code 230 and 35 111. Adm. Code 231
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safety, to protect the public health.50 In order for a submittal to be deemed timely, an
owner or operator of an existing Clean Air Act Permit Program (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.51 35 HI. Adm. Code 271 describes the
information required by the Illinois Environmental Protection Agency from coal-fired
fuel combustion emission sources in order to issue operating permits.52 Finally, Illinois
has regulations pertaining to coke oven batteries that specify maximum time periods
during which visible emissions are permitted.53
In Louisiana, under NSPS all parts apply except for 40 CRF 60, subpart AAA.54 Along
with parts of 40 CRF 60, Louisiana regulation includes 40 CFR part 70, 40 CFR Part 97,
and 40 CFR Part 72.55 National emission standards for hazardous air pollutants,
published in the Code of Federal Regulations at 40 CFR 61, July 1, 2017, and subparts:
A, C, D, E, F, J, L, N, O, P, V, Y, BB, FF and Appendices A, B, C, are incorporated by
reference as they apply to sources in the state of Louisiana.56 National emission standards
for hazardous air pollutants for source categories, published in the Code of Federal
Regulations at 40 CFR 63, July 1, 2017, are hereby incorporated by reference as they
apply to major sources and area sources in the state of Louisiana. "Finally, Louisiana
declared to be the public policy of the state to achieve and maintain such levels of air
quality as will protect human health and safety, and to the greatest degree practicable
prevent injury to plant and animal life and property, foster the comfort and convenience
of the people, promote the economic and social development of the state and facilitate the
enjoyment of the natural attractions of the state.58
Oklahoma requires potential sources of air contaminants to register with the Air Quality
Division of the Oklahoma State Department of Environmental Quality.59 OAC 252:100-1
enumerates primary and secondary ambient air quality standards and increments above
these standards which constitute "significant deterioration."60 Further, sources are able to
50 3 5 111. Adm. Code 243
51 35 111. Adm. Code 270
52 3 5 111. Adm. Code 271
53 35 111. Adm. Code 280
54 LAC 33: III 3000
55 LAC 33: III 500
56 LAC 33: III 5116
57 LAC 33: III 5122 and LAC 33: III 5311
58 LAC 33: III 700
59 OAC 252: 100-5
60 OAC 252:100-1
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apply for alternative means to the regulations set forth by the Air Quality Division for
reducing the total burden of regulated air pollutants released into the atmosphere.61 OAC
252:100-17 specifies design and operating requirements, and emission limitations for
incinerators and municipal waste combustors (MWC).62 Oklahoma also generally defines
prohibited emissions of particulate matter and allowable particulate matter emissions
from different source categories.63 Further, the state established process emission
limitations, exceptions to emission limitations, and sampling and testing requirements for
particulate emissions from industrial processes.64
Virginia established emissions standards and testing, monitoring, and notification
requirements for petroleum liquid storage and transfer operations. Standards include
visible emissions, fugitive dust emissions, odors, and toxic pollutants. Standards include
guidelines for control technologies.65
Washington has greenhouse gas emissions requirements for petroleum refineries that
determine reasonably available control technology to control emissions from those
facilities. The regulations include energy efficiency standards and emission reduction
requirements for petroleum refinery owners and operators, and imposes monitoring,
recordkeeping, and reporting requirements on owners and operators.66
B. Water Pollution
The regulations that address water pollution largely stem from the 1972 Clean Water Act (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
61 OAC 252:100-11
62 OAC 252:100-17
63 OAC 252:100-19
64 OAC 252:100-27
65 9VAC5-40.
66 Chapter 173-485 WAC.
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permit, and the system made it illegal to discharge pollutants from point sources to navigable
waters.67
In 1972, Congress also passed the Marine Protection, Research, and Sanctuaries Act, also known
as 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
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 national and regional levels. At the regional level, this took the form of Site Management and
Monitoring Plans for designated disposal sites.68
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.69
An NPDES permit acts as a license for a facility to discharge a set amount of pollutant into
receiving water. The permitting program also allows facilities to incinerate, landfill, or
beneficially use sewage sludge. 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.70
67 "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.
68 "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#QD Regs:
42 FR 2462.
69 "A Brief Summary of the History of NPDES," EPA Region 1, accessed November 2, 2018 at:
https ://www3. epa. gov/re gionl /npdes/historv. html.
70 "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/re gionl /npdes/historv. html: 48 FR 14146.
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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 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.71
EPA implemented ELGs two years after the passage of the CWA, in February 1974. The ELG
program established national guidelines for industrial wastewater discharges to surface water on
an industry by industry basis. There are now ELG standards for a total of 59 industry categories.
The standards require industrial discharges to meet technological specifications in their treatment
and discharge systems, rather than pollutant specific quality standards for discharges. ELGs may
set one, all, or a combination of the following types of technological standards which facilities
within each industry must meet: best practicable control technology currently available (BPT),
best conventional pollutant control technology (BCT), best available technology economically
achievable (BAT), NSPS, pretreatment standards for new sources (PSNS), pretreatment
standards for existing sources (PSES), and best management practices (BMPs).72
The technological standards vary by whether the facility existed at the time of implementation or
is newly constructed, and whether discharges to surface water from a facility are direct or
indirect. BPTs, BCTs, and BATs apply to existing facilities that discharge directly to surface
water. BCTs are designed to control pollutants that the CWA defines as "conventional," e.g.,
biochemical oxygen demand, total suspended solids, fecal coliform, and pH level. BPTs and
BATs address all pollutants - both conventional and toxic - and differ because EPA establishes
BPTs based on the average performance within the subject industry, while BATs represent the
best possible, economical control technology. 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 both conventional and toxic pollutants. ELGs therefore
create standards for new sources of discharges based on the best available demonstrated control
technology for all pollutants, while recognizing and counterweighing the cost of acquiring and
installing those technologies. PSES and PSNS apply to existing and new indirect dischargers,
respectively, and establish technological standards to control toxic pollutant discharges to
71 "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.
72 "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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publicly owned treatment works. Finally, BMPs are not standards, but reflect conditions imposed
by permitting programs that may replace or coexist with ELGs to control pollutant discharge.73
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.74
Eight months after the implementation of the general ELG regulations, EPA published industry
specific effluent guidelines for petroleum refining facilities in May 1974 through 40 CFR Part
419. EPA later amended the Petroleum Refining Effluent Guidelines in 1975, 1977, 1982, and
1985. The original 1974 rulemaking established BPT, BAT, NSPS, and PSNS for the facility
class. The 1975 amendment added BPT limits for total suspended solids and chromium, while
the 1977 amendments established PSES for petroleum refining. The 1982 amendment revised
BAT, PSNS, and PSES regulations. Finally, the 1985 amendment again revised BAT, and added
storm water limits.75
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, 1983.76 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
73 "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.
74 "Learn About Effluent Guidelines," EPA, accessed November 2, 2018 at: https://www.epa. gov/eg/learn-about-
effluent-guidelines.
75 "Petroleum Refining Effluent Guidelines," EPA, accessed December 13, 2018 at:
https://www.epa.gov/eg/petroleum-refining-effluent-guidelines.
76 "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.
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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.77
Originally published in 1973 under the authority of §311 of the CWA, the Oil Pollution
Prevention Regulation sets forth requirements for the prevention of, preparedness for, and
response to oil discharges at specific non-transportation-related facilities. The Task Force
recommended that the EPA clarify provisions in the Oil Pollution Prevention Regulation,
implement additional technical requirements for regulated facilities, and require facilities to
prepare response plans. The goal of this regulation is to prevent oil from reaching navigable
waters and adjoining shorelines, and to contain discharges of oil. The regulation requires these
facilities to develop and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans
and establishes procedures, methods, and equipment requirements (Subparts A, B, and C). The
SPCC rule applies to facilities that have aboveground oil storage capacity greater than 1,320 U.S.
gallons or underground oil storage capacity greater than 42,000 U.S. gallons, and the facility is
situated such that there is a reasonable expectation of an oil discharge to navigable waters of the
U.S. Facilities potentially subject to the rule include those that store, process, refine, use, or
consume oil in operations not related to transportation. Thus, facilities in the petroleum refining
and petroleum and coal manufacturing industry, which refine, store, use, and process oil, are
potentially subject to the regulations.78
In 1988, following an oil spill in Floreffe, Pennsylvania, the EPA formed the Spill Prevention,
Control, and Countermeasure (SPCC) Task Force to evaluate federal regulation of oil spills that
originate from aboveground storage tanks. In 1990, Congress passed the Oil Pollution Act, which
amended the CWA. The Oil Pollution Act included the recommendations that the SPCC Task
Force had made. In 1994, EPA implemented regulations that required facility owners or
operators to prepare response plans for worst-case scenario oil discharges. Ultimately, EPA
finalized the full suite of amendments to the Oil Pollution Prevention Regulation in 2002.79
2. Safe Drinking Water Act
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
77 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.
78 "Overview of the Spill Prevention, Control, and Countermeasure (SPCC) Regulation," EPA, accessed March 25,
2019 at: https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations/overview-spill-prevention-control-
and: U.S. Environmental Protection Agency, "Spill Prevention, Control, and Countermeasure (SPCC) Regulation,
40 CFR part 112: A Facility Owner/Operator's Guide to Oil Pollution Prevention," June 2010, accessed June 28,
2019 at: https://www.epa.gov/sites/production/files/documents/spccbluebroch.pdf.
79 "Overview of the Spill Prevention, Control, and Countermeasure (SPCC) Regulation," EPA, accessed March 25,
2019 at: https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations/overview-spill-prevention-control-
and.
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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 injection 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, 1983.80
3. State Regulations
The following section briefly summarizes noteworthy state water pollution regulations that
impose requirements on petroleum refineries and coal products manufacturing 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 petroleum
refining and coal products manufacturing industries.81
Alaska sets water quality standards that specify the degree of degradation that may not be
exceeded in a water body as a result of human actions through an antidegradation policy
and water quality criteria and limits. The water quality standards also set site-specific
criteria and lay out protected water use classes and subclasses.82 Alaska also operates the
Alaska Pollutant Discharge Elimination System (APDES) which establishes requirements
and standards that apply to the discharge of pollutants from point sources to navigable
waters.
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.84
The Water Pollution Control Board also places restrictions on the types, concentrations,
and quantities of contaminants that can be discharged into sewer systems, including
80 "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.
81 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.
8218 AAC 70.
8318 AAC 83.
84 3 5 111. Adm. Code 309, Subpart B.
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specific provisions for mercury and cyanide. Restrictions and standards vary by facility
type.85
Louisiana has a state level pollutant discharge elimination permitting system: the
Louisiana Pollutant Discharge Elimination System (LPDES).86
Oklahoma operates the Oklahoma Pollutant Discharge Elimination System (OPDES),
which sets point source, biosolid, and stormwater permitting standards for discharges to
the waters of Oklahoma.87
Pennsylvania establishes general effluent standards for industrial wastes, as well as a
program for time extensions to achieve effluent limitations, and treatment requirements 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 Texas regulations
establish annual fees to be assessed against wastewater permit holders authorized to
discharge wastewater into or adjacent to waters of the state.91
Utah establishes total maximum daily loads and rules governing the use of industrial
wastewaters disposal of domestic wastewater treatment works sludge, and requirements
for waste dischargers.92 Utah also sets water quality criteria for all waters of the state.93
Virginia has state water quality standards that control specific substances, including oil
and toxic substances.94
85 35 111. Adm. Code 307.
86LAC 33: IX 13.
87 OAC 252:606.
88 25 Pa. Code 95.
89 25 Pa. Code 96.
90 3 0 Tex. Admin. Code 307.
91 30 Tex. Admin. Code 21.
92 R317-1.
93 R317-2.
94 9VAC25-260.
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Washington regulations establish minimum discharge standards for industrial wastewater
facilities.95 Washington operates a state general permit program applicable to the discharge
of pollutants, wastes, and other materials to waters of the state.96
Wyoming sets state water quality standards to establish effluent limitations and requires
point sources to acquire permits to discharge and nonpoint sources to adopt best
management practices.97 Wyoming also has state level regulations governing the
containment, cleanup, and disposal of oil or hazardous substances which have been
released and which enter, or threaten to enter, waters of the state and to require notification
to the Water Quality Division of such releases.98
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 harm 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 oversees workplace conditions through standards, training, outreach, education,
and assistance. The creation of the administration built on an existing workplace framework of
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
95 Chapter 173-221A WAC.
96 Chapter 173-225 WAC.
97 WAC 020-11-1.
98 WAC 020-11-4.
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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."
OSHA published its initial standards package 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.100 Eventually, OSHA's industry specific
standards comprised regulations for general industry, construction, maritime, and agriculture.101
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.102
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.103
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 attempts to 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 inspects workplaces for compliance in response to complaints. OSHA also conducts
99 "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.
100 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.
101 "At-a-Glance: OSHA," OSHA, accessed November 7, 2018 at: https://www.osha.gov/Publications/3439at-a-
glance.pdf.
102 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.
103 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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inspections when it determines there is imminent danger, in response to catastrophes, and to
address hazards or workplaces and/or industries that exhibit high injury rates.104
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 sectors. 105
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, including coke oven emissions 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.106
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.
OSHA promulgated the standards to ensure the safe and effective management and cleanup of
unexpected releases of hazardous substances. HAZWOPER establishes requirements for
104 "At-a-Glance: OSHA," OSHA, accessed November 7, 2018 at: https://www.osha.gov/Publications/3 43 9at-a-
glance.pdf.
105 "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/NIOSHPUB2013140: "NIOSH
Programs," NIOSH, accessed November 7, 2018 at: https ://www. cdc. gov/niosh/pro grams .html.
106 "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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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
107
program.
OSHA promulgated Process Safety Management (PSM) standards through a final rule that it
published on February 24, 1992 in order to reduce or eliminate workplace hazards associated
with the catastrophic release of highly hazardous chemicals. The PSM standards address the
potential for unexpected releases of toxic, reactive, or flammable liquids and gases in processes
involving highly hazardous chemicals. Under PSM, processes include the use, storage,
manufacture, handling, or transportation of hazardous chemicals. The standards identify
approximately 130 toxic and reactive chemicals with varying quantity thresholds for each
chemical and apply to facilities that manage quantities of those chemicals above the chemicals'
given threshold. PSM standards also apply to facilities that manage flammable liquids and gases
in quantities of 10,000 pounds or greater. Facilities must compile information on the hazards of
highly hazardous chemicals, including toxicity, reactivity data, corrosivity data, stability data,
and permissible exposure limits. Facilities must also collect information on the technology used
by each relevant industrial process. With this information, facilities must complete a process
hazardous analysis (PHA) of each relevant process. The PHA is a review of possible releases of
hazardous chemicals that may result from the process and safeguards the facility will implement
to prevent those releases.108
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.109
On August 18, 2009, OSHA initiated the Petroleum Refinery Process Safety Management and
National Emphasis Program (NEP) under its PSM regulations. Through the NEP, OSHA
describes policies and procedures for reducing or eliminating workplace hazards associated with
107 54 FR 9294; "Hazardous Waste Operations and Emergency Response (HAZWOPER)," OSHA, accessed
September 26, 2018 at: https://www.osha.gov/SLTC/emergencYPreparedness/hazwoper/index.html.
i°8 "process Safety Management," OSHA, accessed September 19, 2018 at:
https://www.osha.gov/Publications/osha3132.html: 57 FR 6403.
109 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.
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the catastrophic release of highly hazardous chemicals at petroleum refineries. OSHA pursued
these goals by conducting inspections of randomly selected facilities that handle, manage, or
store highly hazardous chemicals in quantities that meet the PSM threshold. The inspections
include fact gathering related to PSM requirements and verification that employers have met
PSM standards.110
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 regulations so that they 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.111
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
renewed and since 1996, EPA has increasingly relied on appropriations from the government's
general fund to supplement declining revenues to the Superfund trust.112
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 from its definition of hazardous substances, though EPA guidance states that this
exclusion does apply to used oil and some other petroleum products, which are to be to be
110 U.S. Department of Labor, Occupational Safety and Health Administration, OSHA Instruction: Petroleum
Refinery Process Safety Management and National Emphasis Program, Directive No. 03-00-010, August 18, 2009.
111 43 FR 55990.
112 "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.
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included as CERCLA hazardous substances.113 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.114
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 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
leads the effort to immediately removal dangerous substances from public sites to prevent further
expansion of hazardous substances to the environment. Long-term remedial response actions
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.115
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
113 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.
114 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.
115 "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.
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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.116
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.117
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 National Priorities List (NPL)
was founded through 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.118
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 (or PAs) and, if the PA concludes that
116 "Superfund Liability," EPA, accessed March 22, 2019 at: https://www.epa.gov/enforcement/superfund-liabilitv.
117 "Financial Assurance in Superfund Settlements and Orders," EPA, accessed March 22, 2019 at:
https://www.epa.gov/enforcement/financial-assurance-superfund-settlements-and-orders.
118 "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.
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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.119
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
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).120 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
casualties and/or severe injuries. In response to the Bhopal disaster, Congress amended
119 "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.
120 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:
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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.121
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 Toxic 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.122
5. State Regulations
The following section briefly summarizes noteworthy state emergency planning and response
regulations that impose requirements on petroleum refineries and coal products manufacturing
121 "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.
122 "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: 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.
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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
petroleum refining and coal products manufacturing industries.123
In 1995, Alaska established comprehensive workplace safety standards for the petroleum
refining industry, including standards for process equipment maintenance, equipment
leakage and breakage, and high-pressure hydrocarbons.124
California established minimum safety standards for equipment and operations used in
or appurtenant to the refining, storage, and handling of petroleum, natural gas, and their
products, including the construction, location, transportation, utilization, testing,
demolition, maintenance, and operation of such equipment in places of employment.125
Illinois requires that facilities that experience a release of a hazardous material or
extremely hazardous substance immediately notify the Illinois State Emergency
Response Commission and submit a subsequent written report.126 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
preventative or corrective action in response to release or substantial threat of a release of
a hazardous substance.127
Virginia requires that operators of tank vessels that transport or transfer oil as cargo upon
Virginia waters develop contingency plans that address the effect of oil discharges on the
environment as well as considerations of public health and safety. Operators must also
demonstrate financial responsibility.128
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
123 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.
124 8 AAC 61.1190.
125 8 CCR 6750.
126 29 111. Admin. Code 430.
127 35 111. Admin. Code 750
128 9VAC25-101.
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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 Toxic Substances Control Act (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.129 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, 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 more than 83,000
chemicals.130
TSCA and its amendments also established programs for the management of specific toxic
substances. These programs targeted PCBs, asbestos, radon, lead, mercury, and formaldehyde.
The original 1976 legislation included a phased ban on the manufacture, use, and distribution in
commerce of PCBs; the ban on manufacturing took effect on January 1, 1979, and the ban on
distribution took effect on July 1, 1979. The TSCA regulations on PCBs also include guidance
for PCB storage and disposal, PCB spill cleanup, and PCB waste disposal records and reports.
2. 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 - a
129 "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.
130 "About the TSCA Chemical Substance Inventory," EPA, accessed September 19, 2018 at:
https://www.epa. gov/tsca-inventorv/about-tsca-chemical-substance-inventory: "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.
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policy that was termed "source reduction" - through technology modifications, modifications of
production processes, product redesign, and improvements in maintenance, training, and
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.131
3. Hazardous Material Transportation Act (1975) and Amendments
Transportation and pipeline regulations address another aspect of hazardous substances
management regulations. 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 of 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.132
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
131 "Pollution Prevention Law and Policies," EPA, accessed September 19, 2018 at:
https://www.epa.gov/p2/pollution-prevention-law-and-policies: "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.
132 "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.
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permitting system for hazardous material transporters, and regulated the transportation of
radioactive materials.133
4. 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
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.134
5. State Regulations
The following section briefly summarizes noteworthy state hazardous substances management
that impose requirements on petroleum and coal products manufacturing 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 petroleum and coal
products manufacturing industries.135
Alaska established requirements for owners or operators of petroleum production
facilities to prevent the discharge of oil. These regulations include financial responsibility
133 "Transporting Hazardous Materials," OSHA, accessed November 11, 2018 at:
https://www.osha.gov/SLTC/trucking industrv/transportinghazardousmaterials.html.
134 "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.
135 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.
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provisions and amounts required for responsible parties of oil terminal facilities that
handle 5,000 crude oil barrels or 10,000 non-crude barrels per day. The regulations
include discharge reporting, cleanup, and disposal of oil and other hazardous substance
requirements. Alaska also requires owners and operators of tank vessels, oil barges,
pipelines, oil terminals, railroad tank cars, exploration facilities, oil storage tanks, or
production facilities to prevent discharge of oil into waters or onto land. Requirements
include oil discharge prevention training, recordkeeping, inspection requirements,
appointment of oil spill prevention and response officers at relevant facilities and
transportation vehicles, and design and construction requirements.136
California regulations include requirements for the prevention or minimization of the
consequences of catastrophic releases of toxic, reactive, flammable, or explosive
chemicals, and establish process safety management regulations to eliminate the risks
posed to employees of certain facility types, including petroleum refineries.137
Oklahoma created the Oklahoma Liquefied Petroleum Gas Administration, which
oversees permitting programs for the manufacture, fabrication, assembly, and sale of
liquefied gas petroleum or appliances, or the transport of liquefied petroleum over
highways. Permits include storage and installation standards, training schools, minimum
equipment standards, and insurance requirements.138 Oklahoma also operates a program
to regulate petroleum storage tank systems which sets forth requirements for corrective
actions of releases from tanks.139
Pennsylvania prescribes methods 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.140
Virginia implemented financial responsibility requirements for petroleum underground
storage tank owners and operators that require owners and operators to acquire financial
assurance for their tanks through insurance, surety bond, letter of credit, certificate of
deposit, or trust fund.141
13618 AAC 75.
137 8 CCR 5189.
138 OAC 420:10.
139 OAC 165:29.
140 67 Pa. Code 403.
141 9VAC25-590.
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Several states set standards for the generation, transportation, processing, and disposal of
used oil, including: Alaska,142 California,143 Illinois,144 Louisiana,145 Oklahoma,146
Pennsylvania,147 Texas,148 Utah,149 Washington.150
E. 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.151
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
14218 AAC 62 Article 5.
143 22 CCR 66279.20-21.
144 35 111. Adm. Code 739.
145 LAC 33: V 40.
146 OAC 242:205.
147 25 Pa. Code 298.
148 30 Tex. Admin. Code 324.
149 R315-15.
150 Chapter 70-105 RCW.
151 "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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waste program for industrial and municipal solid waste under Subtitle D, and an underground
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.152
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 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.153
Additionally, the 1980 RCRA regulations created permitting programs for hazardous waste
generators, transporters, and TSDFs. The TSDF RCRA permitting program includes 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.154
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.155
In 1984, Congress enacted the Hazardous and Solid Waste Amendments (HSWA), which were
signed into law on November 8, 1984. HSWA sought to minimize waste generation and phase
out land disposal of hazardous waste. As such, in 1986, EPA promulgated a suite of regulations
152 "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.
153 45 FR 33063; 47 FR 15047.
154 45 FR 33063.
155 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.156
HSWA 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,
1986.157
HSWA also established closure and post-closure requirements for hazardous waste 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.158
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
156 51 FR 40572.
157 51 FR 40572.
158 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.159
On August 6, 1998, EPA issued additional regulations under RCRA that categorized four wastes
generated during petroleum refining operations as hazardous wastes, while opting not to
categorize an additional ten petroleum refining wastes as hazardous. The regulations would be
effective February 8, 1999. The wastes that the new rule classified as hazardous wastes under
RCRA were: crude oil storage tank sediment from petroleum refining operations; clarified slurry
oil storage tank sediment and/or in-line filter/separation solids from petroleum refining
operations; spent hydrotreating catalyst from petroleum refining operations, including guard beds
used to desulfurize feeds to other catalytic units; and spent hydrorefining catalyst from petroleum
refining operations, including guard beds used to desulfurize feeds to other catalytic units. By
listing the wastes as hazardous, EPA subjected them to stricter management and treatment
standards under RCRA regulations. The rule also changed RCRA regulations which excluded
certain oil bearing residuals from the definition of solid waste - such as oil and oil-bearing
residuals that petroleum refineries insert into the refining process and spent caustic from liquid
treating operations that are used in chemical production operations - in order to promote the
recycling of those materials.160
2. Solid Waste Disposal Amendments (1980)
In 1978, when 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), which
amended RCRA and included the Bentsen and Bevill Amendments. The Bentsen and Bevill
Amendments exempted "special wastes" from regulation as hazardous wastes under Subtitle C of
RCRA. Instead, the Amendments called for further study and assessment of risk for these
"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
159 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.
160 63 FR 42110.
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fossil fuel combustion waste, mining and mineral processing waste, and cement kiln dust as
special wastes.161
EPA missed the October 31, 1982 deadline for submitting a risk assessment report to Congress
for fossil fuel combustion waste, the category of special waste relevant to petroleum and coal
products manufacturing facilities. Ultimately, EPA divided fossil fuel combustion waste into two
subcategories: large-volume coal combustion wastes generated at electric utility and independent
power producing facilities, and 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.162 EPA submitted a report to Congress on electric utility coal combustion waste in
February 1988, but again missed the August 1988 deadline to make a regulatory determination
on that waste. The report did not address other fossil fuel combustion wastes, such as those from
coal products manufacturing facilities.163 On March 31, 1999, EPA submitted a report to
Congress addressing the other categories of fossil fuel combustion waste: comanaged utility coal
combustion wastes, other fossil fuel wastes generated by utilities, and wastes from non-utility
boilers burning any type of fossil fuel. With respect to non-utility combustion wastes, EPA
tentatively concluded that the disposal and beneficial use of these wastes should remain exempt
from RCRA Subtitle C. 164 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 minefill. 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.165
161 "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.
162 "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.
163 "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
Power Plants," February 1988, accessed October 12, 2018 at: https://www.epa.gov/sites/production/files/2015-
08/documents/coal-rtc.pdf.
164 "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 Fossil 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.
165 "Special Wastes," EPA, accessed October 12, 2018 at: https://www.epa.gov/hw/special-wastes: 65 FR 32213.
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3. State Regulations
The following section briefly summarizes noteworthy state hazardous waste disposal and
management that impose requirements on petroleum coal products manufacturing 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 petroleum
refining and coal products manufacturing industries.166
Alaska has implemented requirements for the location of hazardous waste management
facilities, restricting their construction in proximity of critical habitat areas, national
parks and other federally designated lands, and certain geographic features such as
aquifers or wetlands. Further, the state has imposed risk assessment requirements for
PCB hazardous waste incinerators, land facilities, and chemical waste landfills.167
California's Division of Oil and Gas, within the Department of Conservation, has
approval authority over subsurface injection and disposal programs.168
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.169 Illinois also sets basic minimum
standards governing the acceptable management of hazardous waste in conjunction with
the RCRA permitting program.170 Illinois identifies and prohibits certain hazardous
wastes that are restricted from land disposal and disposal in landfills.171 Additionally,
Illinois establishes standards for newly constructed solid waste landfills, including
separate standards for solid waste landfills, recordkeeping requirements, and financial
1 79
assurance requirements.
Louisiana regulations set requirements, technical standards, and a fee schedule for
underground storage tanks containing regulated substances.173
166 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.
167 18 AAC63.
168 26 CCR 14-1724.6.
169 35 111. Adm. Code 730.
170 35 111. Adm. Code 724.
171 35 111. Adm. Code 724 and 35 111. Adm. Code 729.
172 35 111. Adm. Code 811.
173 LAC 33: XI.
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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
process, and financial responsibility requirements.174 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.175
Texas establishes requirements for underground storage tanks located over certain
aquifers in the state to protect and maintain the quality of groundwater resources.176
Utah regulations establish standards for underground storage tanks, including
certification programs, operator training, technical standards, closure and remediation,
site assessment protocol, and financial assurance mechanisms. Utah also has a petroleum
storage tank trust fund to pay for cleanup of leaking petroleum storage tanks.177 Separate
Utah regulations set cleanup requirements at underground storage tank sites.178 Utah also
has state specific regulations that cover underground injection wells, under which the
state operates a permitting system and sets technical requirements to differentiate wells
and sets hazardous waste injection restrictions.179
Virginia has financial responsibility requirements for petroleum underground storage
tank owners and operators.180 Virginia also prohibits any underground injection of
hazardous waste.181
Washington prohibits the mixing of any material into used oil and subsequently treating
the resulting waste as used oil. The regulations require that used oil generators must keep
containers closed always and manage containers to avoid leaks or ruptures. Used oil
facility owners and operators must develop closure plans and closure cost estimates, as
well as obtain financial assurance to meet closure and liability coverage.182 Washington
174 25 Pa. Code 245.
175 25 Pa. Code 270a.
176 3 0 Tex. Admin. Code 214.
177 R311-200-208.
178 R311-211.
179 R-317-7.
is° 9VAC25-590.
181 9VAC20-60-265. A. 17.
182 Chapter 173-303-515 WAC.
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also designates PCB wastes for regulation as hazardous wastes.183 Washington has a
statewide underground storage tank program applicable to all owners and operators of
underground storage tank systems, which sets requirements for operator training, release
detection, reporting, confirmation, and cleanup, and establishes financial responsibility
1 84
requirements.
Wyoming regulations on storage tanks include leak prevention programs and efforts to
minimize health hazards should a leak occur. Wyoming also requires financial assurance
for aboveground and underground storage tank owners and operators.185
F. Effectiveness of Federal and State Environmental Regulations
Petroleum and coal products manufacturing facilities are a major source of pollutants through
discharges to air, water, and land. With respect to air pollution hazards, refineries emit hazardous
and toxic air pollutants such as benzene, toluene, ethylbenzene, and xylene, as well as criteria air
pollutants under NAAQS. Refineries are also significant contributors to both groundwater and
surface water contamination because of their use of deep injection wells to dispose of
wastewater. Wastewater in refineries comes into contact with a number of sources during the
refinery process, including equipment leaks and crude oil desalting, and may contain oil
residuals and other hazardous wastes. Refineries are also a threat to nearby surface water, as
well, through discharges of wastewater that contains sulfides, ammonia, suspended solids, and
other contaminants. Although soil contamination from petroleum refineries is less significant
than air or water pollution, spills of refinery materials from leaks or accidents may occur require
cleanup. Refineries recycle some of the residuals from the refining process for use in other stages
in the process, while facilities dispose of other residuals in landfills. Contaminants from
refineries that may affect soil include spent catalysts, coke dust, tank bottoms, and treatment
sludges.186
Although petroleum and coal manufacturing facilities have the potential to release contaminants
to the environment through several vectors, the available literature has focused on the
effectiveness of air emission regulations on releases from the industry. This is because refineries
183 Chapter 70-105 RCW.
184 Chapter 173-360A WAC.
185 WAC 020-14-1.
186 Hazardous Substance Research Centers/South & Southwest Outreach Program, "Environmental Update #12:
Environmental Impact of the Petroleum Industry," June 2003, accessed December 19, 2018 at:
https://clbub.epa.gov/ncer abstracts/index.cfm/fuseaction/displav.files/fileID/14522
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often emit large amounts of air pollution outside their normal course of operations in events that
are exempt from the federal regulatory regime.187
The literature has found that existing air regulations are effective at addressing the emissions
they target. For example, the CAA limits air emissions at petroleum refineries and coal
productions manufacturing facilities in the regular course of operations through air quality
standards such as NAAQS, NSPS, and NESHAPS, and state regulations effectively supplement
many CAA regulatory programs. Further, while these regulations impose significant costs on
subject facilities, overall, they have not resulted in economic harm: even in states with robust air
emissions regulations, reductions in pollution have not corresponded with reductions in
productivity and employment.188
When refineries and related facilities experience "emission events" - lapses in the regular course
of operations resulting from breakdowns in regular processes or operations or unscheduled
maintenance, startup, or shutdown activities, also called "upset events" - the facilities may emit
large amounts of pollutants in excess of air quality standards. The CAA does not regulate these
emission events in the same manner as regular operational emissions; the CAA exempts facilities
from air quality standards exceedances for emission events so long as facilities report the event
and take corrective action.189 The CAA exemption leaves it to state and local governments to
promulgate regulations that address emissions during emission events and similar unscheduled or
one-time occurrences, such as refinery flaring.190
States and local governments have recognized that emission events and other unscheduled
releases not covered by the CAA pose a serious risk to public health and the environment and
have addressed those "emission events". The literature identifies the comprehensive
187 K. Wee, A. Ezersky, and D. Tolar, "Petroleum Refinery Flaring Reductions Achieved in the Bay Area Air
Quality Management District," Proceedings of the Air and Waste Management Association's Annual Conference
and Exhibition 5 (2008); B.J. McCoy, P.S. Fischbeck, and D. Gerard, "How Big is Big? How Often is Often?
Characterizing Texas Petroleum Refining Upset Air Emissions," Atmospheric Environment 44, No. 34 (2010):
4230-4239.
188 E. Berman and L.T. Bui, "Environmental Regulation and Labor Demand: Evidence from the South Coast Air
Basin," Journal of Public Economics 79, No. 2 (2001): 265-295; L.T. Bui, "Public Discourse of Private Information
as a Tool for Regulating Environmental Emissions: Firm-Level Responses by Petroleum Refineries to the Toxics
Release Inventory," Center for Economics Studies, Bureau of the Census, 2005.
189 B.J. McCoy, P.S. Fischbeck, and D. Gerard, "How Big is Big? How Often is Often? Characterizing Texas
Petroleum Refining Upset Air Emissions," Atmospheric Environment 44, No. 34 (2010): 4230-4239.
190 K. Wee, A. Ezersky, and D. Tolar, "Petroleum Refinery Flaring Reductions Achieved in the Bay Area Air
Quality Management District," Proceedings of the Air and Waste Management Association's Annual Conference
and Exhibition 5 (2008); B.J. McCoy, P.S. Fischbeck, and D. Gerard, "How Big is Big? How Often is Often?
Characterizing Texas Petroleum Refining Upset Air Emissions," Atmospheric Environment 44, No. 34 (2010):
4230-4239.
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implementation of these unscheduled air release regulations at the state and local level to be a
critical issue with respect to the petroleum refinery regulatory regime.191
The available scholarship has generally concluded that CAA regulations and supplemental state
and local air pollution regulations have successfully reduced pollution from emissions at
petroleum refineries and related facilities in the regular course of operation. Further, although
these regulations - especially those in the most aggressive state regulatory regimes, such as
California - impose significant costs on subject facilities, they have not led to reductions in
petroleum refinery productivity or employment. Berman and Bui have studied the state and
federal regulatory regime in southern California and its effect on compliance costs, pollution
abatement, productivity, and employment. In a 2001 paper, Berman and Bui look at the period
between 1979 and 1992, which saw a marked increase in the intensity of federal and state air
pollution regulations applicable to petroleum refineries. They find that initial compliance with
each regulation carried a cost of $3 million per facility, and an additional $5 million per facility
if the regulation increased in stringency. Nonetheless, the same group of southern California
refineries reported a drastic rise in productivity between 1987 and 1992; a comparison group of
refineries in other, less regulated regions experienced a decline in productivity. Berman and Bui
conclude that abatement costs overstate the economic costs of regulations, and that increased
environmental regulations may increase productivity of regulated refineries.192 In another 2001
study of refineries in the Los Angeles region, Berman and Bui again find that air pollution
regulations imposed high abatement costs to facilities, but that they decreased nitrogen oxide
emissions and did not reduce refinery employment in the region.193
However, Baum, Decker, and Montoya find a connection between environmental regulation and
undercapitalization in the petroleum refining industry. While they find that U.S. refinery capacity
increased by 12 percent from 1986 to 2006, during the same period domestic demand for
petroleum products increased by 29 percent. Thus, refinery investment did not match demand.
Baum, Decker, and Montoya attribute the lack of investment to increased environmental
regulation and pressure to limit refinery expansion from environmental groups.194 In a separate
review of the available literature, Bui further finds that Baum, Decker, and Montoya's findings
191 K. Wee, A. Ezersky, and D. Tolar, "Petroleum Refinery Flaring Reductions Achieved in the Bay Area Air
Quality Management District," Proceedings of the Air and Waste Management Association's Annual Conference
and Exhibition 5 (2008).
192 E. Berman and L.T. Bui, "Environmental Regulation and Productivity: Evidence from Oil Refineries," Review of
Economics and Statistics 83, No. 3 (2001): 498-510.
193 E. Berman and L.T. Bui, "Environmental Regulation and Labor Demand: Evidence from the South Coast Air
Basin," Journal of Public Economics 79, No. 2 (2001): 265-295.
194 D. Baum, C.S. Decker, and J. Montoya, "Environmental Regulation and Interest Group Pressure on Petroleum
Refinery Capacity Growth in the United States: A Regional Analysis," Energy Studies Review 16, Nos. 1-2 (2009):
1-14.
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on investment patterns reflect the successful implementation of environmental regulations. For
example, following the establishment of TRI in 1987, Bui notes that firms with the highest rates
of incidents reported to TRI experience below market stock returns.195
While some authors affirm the CAA regulatory framework's success at achieving abatement in
regular emissions from petroleum refineries, others highlight that the CAA does not address
unscheduled "emission events" at petroleum refineries outside the normal course of operations,
and these emission events can result in the release of substantial amounts of harmful air
pollutants. According to Luong and Zhang, emissions events are unavoidable breakdowns in
refinery processes or operations, or unscheduled refinery startups, shutdowns, or maintenance
activities. Each of these events may emit substantial amounts pollution into the air for several
hours or days.196 As Jarrell and Ozymy explain, because both chronic and acute exposure to air
pollution contribute to health problems, these emission events exacerbate the harm caused by air
pollution from petroleum refineries, which already affects millions of Americans.197
In several studies, Ozymy and Jarrell, Luong and Zhang, and other authors analyze and attempt
to quantify the effects of emission events on air quality. Many of these studies focus on Texas
because the state has emissions event reporting regulations and reporting requirements in place,
and, as a result, has compiled a large amount of emissions event data.198 For example, Ozymy
and Jarrell conducted a study of emissions events at 18 petroleum refineries from 2003 to 2008.
They find that the emissions events at these refineries during that period caused the release of a
total of 75 million pounds of pollutants. Further, the pollutants released from a number of single
emissions events were in excess of annual emissions limits.199 McCoy, Fischbeck, and Gerard
look at the magnitude and frequency of emissions events at Texas petroleum refineries over a 44-
month period. The authors confirm that the events are significant in size and frequent in
occurrence: those refineries reported almost four thousand emissions events during the period of
the study. Specifically, in the Port Arthur region, McCoy, Fischbeck, and Gerard explain that the
emissions events were the equivalent to if another refinery operated in the area and emitted at
195 L.T. Bui, "Public Disclosure of Private Information as a Tool for Regulating Environmental Emissions: Firm-
Level Responses by Petroleum Refineries to the Toxics Release Inventory," Center for Economic Studies, Bureau of
the Census, 2005.
196 C. Luong and K. Zhang, "An Assessment of Emission Event Trends within the Greater Houston Area during
2003-2013," Air Quality, Atmosphere & Health 10, No. 5 (2017): 543-554.
197 M.L. Jarrell and J. Ozymy, "Excessive Air Pollution and the Oil Industry: Fighting for Our Right to Breathe
Clean Air " Environmental Justice 3, No. 3 (2010): 111-115.
198 B.J. McCoy, P.S. Fischbeck, and D. Gerard, "How Big is Big? How Often is Often? Characterizing Texas
Petroleum Refining Upset Air Emissions," Atmospheric Environment 44, No. 34 (2010): 4230-4239.
199 J. Ozymy and M.L. Jarrell, "Upset Over Air Pollution: Analyzing Upset Event Emissions at Petroleum
Refineries," Review of Policy Research 28, No. 4 (2011): 365-382.
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emission standards.200 Luong and Zhang examine emissions events in the Greater Houston area
from 2003 to 2013. The study comprised over seven thousand emissions events that occurred in
Houston over those years. Luong and Zhang find that emissions event releases of nitrogen
oxides, carbon monoxide, and sulfur dioxide have decreased from 2003 to 2013, while releases
of particulate matter from emissions events increased. In addition to the air pollution they
released, emission events from 2003 to 2013 also caused unexpected explosions, fires, and
releases of other toxic chemicals. These events have led to worker fatalities and health concerns
among local communities.201
Despite emissions events' effect on air pollution and their threat to human health, petroleum
refinery air pollution regulations are constructed in such a way that they may not cover emissions
events. The CAA does not address emissions events and leaves their enforcement to state
agencies.202 As a result, in states that do not promulgate emissions events regulations, they
effectively represent unregulated emissions from petroleum refineries.
Studies have found that pollution from petroleum refineries generally, including from emission
events and related releases, disproportionately affects vulnerable populations. Jarrell and Ozymy
explain that because emissions events and flaring are exempt from emission standards under the
CAA, they can occur frequently and emit significant amounts of pollutants into the air. Exposure
to toxic air pollution can cause and/or contribute to health problems and exposure to air pollution
from refineries affects the health of millions of Americans, which means emission events present
a substantial threat to human health. The risk to human health from refinery emissions, of which
emission events and similar releases like flaring constitute a significant proportion, is especially
concerning for populations near refineries. Jerrell and Ozymy further explain that because low-
income and minority citizens often live near refineries, these populations bear the brunt of
refinery emissions, including the excess emissions that refineries produce in unscheduled
releases.203
More broadly, other authors argue that petroleum refineries that are located close to vulnerable
populations face less stringent enforcement of environmental regulations, including but not
limited to, air pollution regulations. Grant, Stretesky, and Burns find that CAA, CWA, and
200 B.J. McCoy, P.S. Fischbeck, and D. Gerard, "How Big is Big? How Often is Often? Characterizing Texas
Petroleum Refining Upset Air Emissions," Atmospheric Environment 44, No. 34 (2010): 4230-4239.
201 C. Luong and K. Zhang, "An Assessment of Emission Event Trends within the Greater Houston Area During
2003-2013," Air Quality, Atmosphere & Health 10, No. 5 (2017): 543-554.
202 J. Ozymy and M.L. Jarrell, "Upset Over Air Pollution: Analyzing Upset Event Emissions at Petroleum
Refineries," Review of Policy Research 28, No. 4 (2011): 365-382; B.J. McCoy, P.S. Fischbeck, and D. Gerard,
"How Big is Big? How Often is Often? Characterizing Texas Petroleum Refining Upset Air Emissions,"
Atmospheric Environment 44, No. 34 (2010): 4230-4239.
203 M.L. Jarrell and J. Ozymy, "Excessive Air Pollution and the Oil Industry: Fighting for Our Right to Breathe
Clean Air " Environmental Justice 3, No. 3 (2010): 111-115.
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RCRA penalties assessed against refineries differ based on the demographics of the communities
that they abut. Refineries near Hispanic and low-income communities generally receive smaller
penalties than those near non-Hispanic and wealthier communities. The authors tested this
finding and determined that it could not be the result of previous compliance history, penalty
characteristics, or local regulations.204
Although emission events present a critical blind spot in federal and state refinery air pollution
regulations, the literature finds that state and local governments that address emission events and
related releases have successfully mitigated and/or reduced pollution from these events. Because
the CAA offers provisions for emissions resulting from unforeseen or unavoidable
circumstances, it falls to the states to develop and implement rules that govern and discourage
emission events. Ozymy and Jarrell find, however, that many states also grant refineries
exemptions for unscheduled emissions or breakdowns in ordinary operations, meaning that,
despite their contribution to overall refinery emissions, emission events remain unregulated in
many key regions.205 In a separate study, Ozymy and Jarrell contextualize this regulatory blind
spot as an example of policy drift because the lack of regulatory attention to emissions events has
diminished the effectiveness of the air pollution regulatory regime overall.206 However, a study
by Wee, Ezersky, and Tolar highlights the Bay Area Air Quality Management District, in which
a collaboration between air district staff and representatives from refineries, government
agencies, and stakeholders led to the adoption of regulations that reduced flaring emissions while
preserving worker safety at refineries in the district.207
204 M.J. Grant, P.B. Stretesky, and R.G. Burns, "Determinants of Environmental Law Violation Fines against
Petroleum Refineries: Race, Ethnicity, Income, and Aggregation Effects," Society and Natural Resources 17, No. 4
(2004): 333-347.
205 J. Ozymy and M.L. Jarrell, "Upset Over Air Pollution: Analyzing Upset Event Emissions at Petroleum
Refineries," Review of Policy Research 28, No. 4 (2011): 365-382.
206 J. Ozymy and M.L. Jarrell, "Upset Events, Regulatory Drift, and the Regulation of Air Emissions at Industrial
Facilities in the United States," Environmental Politics 21, No. 3 (2012): 451-466.
207 K. Wee, A. Ezersky, and D. Tolar, "Petroleum Refinery Flaring Reductions Achieved in the Bay Area Quality
Management District," Proceedings of the Air and Waste Management Association's Annual Conference and
Exhibition (2008): 3232-3250.
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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 both: 1) attempt to address CERCLA hazardous
substance management, disposal, and release prevention, mitigation, and response; and 2) that
are relevant to petroleum and coal products manufacturing facilities and in which petroleum
refineries and coal products manufacturing 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
petroleum refining and coal products manufacturing industries at preventing releases of
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.208 Upon the 33/50 Program's inception in 1991, voluntary
programs were more or less a new concept to industry. When the 33/50 Program ended, 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.209
As a result, many of the current petroleum refining and coal products manufacturing industry
voluntary programs are sponsored or promoted by federal or state agencies to supplement
regulations. EPA also located programs sponsored by non-profit organizations and trade
associations. Some of the programs set or publish environmental management and safety
standards that facilities may follow that supplement federal and state regulations and may come
with a certification from the government agency or industry group that promulgates the
standards. Other programs solicit or require reporting on facilities' use and disposal of toxic
chemical and other hazardous substances. Programs also serve as forums for coordination and
208 U.S. Environmental Protection Agency, Office of Pollution Prevention and Toxics, 33/50 Program: The Final
Record, March 1999.
209 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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collaboration among facilities, academics, and government agencies to develop best practice
standards and improve emergency preparedness.
At the federal level, OSHA sponsors industry voluntary programs. The OSHA programs directly
related to petroleum and coal products manufacturing facilities 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.210
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.211
At the local level, industry and state and local emergency response and environmental
management agencies collaborate through voluntary programs to enhance emergency
preparedness. For example, Channel Industries Mutual Aid (CIMA) is a non-profit organization
that combines the firefighting, rescue, hazardous material handling, and emergency medical
capabilities of the petroleum refining and petrochemical industry in the Greater Houston
Metropolitan Area. Founded in 1955, CIMA focuses on cooperation among industry and
agencies and providing expertise for emergency situations.212
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
corporate environmental performance through industry cooperation. As part of this effort and
following the success of EPA's 33/50 Program which was active from 1991-1996, 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
210 "All About VPP," OSHA, accessed October 16, 2016 at: https://www.osha.gov/dcsp/vpp/all about vpp.html.
211 "OSHA Challenge," OSHA, accessed October 16, 2018 at: https://www.osha.gov/dcsp/vpp/challenge.html.
212 "Home," CIMA, accessed October 16, 2018 at: http://www.cimatexas.org/Home.aspx.
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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 and; 4) the integration of environmental management systems
so that they support one another.213
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
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.214
The International Electrotechnical Commission (IEC) is another example of an international
standards organization that publishes standards that petroleum and coal products manufacturing
facilities follow. 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 industry sector, 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. The commission provides a platform for coordination between companies,
industry associations, and government 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
91 S
instrumentation.
The American National Standards Institute (ANSI) does not develop national standards but
provides a forum for the coordination of interested parties that can develop and promulgate
standards, norms, and guidelines for their respective industries. Stakeholders may include
213 "Total Quality Environmental Management (TQEM)," International Institute for Sustainable Development,
accessed November 17, 2018 at: https://www.iisd.org/business/tools/svstems taemaspx.
214 "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.
215 "Welcome to the IEC," International Electrotechnical Commission, accessed October 16, 2018 at:
https ://www. iec. ch/about/.
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individuals, companies, government agencies, labor organizations, industrial associations, and
consumer groups. ANSI also hosts a process through which stakeholders can appeal standards.216
The American Society for Testing and Materials (ASTM) is another nonprofit organization that
develops standards for materials, products, systems, and services. ASTM comprises industry,
government, and academic representatives who develop the standards. Altogether, ASTM has
released 12,000 standards, including industrial standards organized by industry sector, that
attempt to promote public health and safety, consumer confidence, and quality of life.217 ASTM
has published standards for the Petroleum sector. The Petroleum Standards provide guidance for
the testing and evaluation of the physical, mechanical, rheological, thermal, and chemical
properties of crude oils, lubricating grease, automobile and aviation gasoline, hydrocarbons, and
other energy resources used for industrial applications. Fuels are further tested for their
composition, purity, density, miscibility, and compatibility with other fluids and materials,
toxicity, and thermal stability.218
The National Fire Protection Association (NFPA) also has standards related to storage of
chemicals. NFPA publishes over 300 codes and standards intended to minimize the risk of fire
and combustion in the chemical sector. One of their codes - Code for the Manufacture and
Storage of Aerosol Products - applies to the manufacture, storage, and display of aerosol
products.219 Storage standards are intended to prevent fires, explosions, and other catastrophic
releases of stored chemicals.
Specifically, within the petroleum refining and coal products manufacturing industries, the
American Petroleum Institute (API) represents the largest and most significant industry
organization. API sponsors several programs related to training, standards, and certification for
oil and natural gas facilities. Those standards address the safety of industrial operations, quality
assurance, and waste reduction, among other focuses.220 In 2018, API established The
Environmental Partnership, which involves the cooperation of the natural gas and oil industry to
reduce volatile organic compound emissions from facilities. The Environmental Partnership
developed three programs to support this goal: 1) a leak program for natural gas and oil
production sources; 2) a program to replace, remove, or retrofit high-bleed pneumatic controllers
at facilities; and 3) a program to establish manual liquids unloading for natural gas production
216 "About ANSI," American National Standards Institute, accessed October 16, 2018 at:
https://www.ansi.org/about ansi/overview/overview.
217 American Society for Testing and Materials, "Helping Our World Work Better," published on astm.org, accessed
December 4, 2018 at: https://www.astm.org/GLOBAL/images/Helping-Our-World-EN-2Q18.pdf.
218 "Petroleum Standards," American Society for Testing and Materials, accessed October 16, 2018 at:
https://www.astm.org/Standards/petroleum-standards.html.
219 "All Codes & Standards," National Fire Protection Association, accessed October 16, 2018 at:
https://www.nfipa.org/Codes-and-Standards.
220 "About API," API, accessed October 16, 2018 at: https://www.api.org/about.
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sources.221 Finally, in 2000 EPA and API created the Storage Tank Emission Reduction
Partnership Program, a CAA compliance incentive program for companies with aboveground
storage tanks that store substantial quantities of volatile organic liquids, including petroleum
products. The program sought to reduce smog caused by those materials in storage tanks. As part
of the program, EPA eliminated penalties from companies that agreed to audit, disclose, and
correct leaks in floating roofs on storage tanks.222
The International Petroleum Industry Environmental Conservation Association (IPIECA) is
another organization specific to the oil and gas industry. IPIECA is a global oil and gas industry
association that advances environmental and social issues. Its membership includes integrated oil
and gas companies with refining and manufacturing operations, and it involves both the upstream
and downstream segments of the oil and gas industry. The Association develops best practices
and information to improve the industry's environmental performance and serves as a forum for
members to share and promote environmental improvement strategies. IPIECA's programs
include pooling oil and gas industry expertise on oil spill preparedness and response. As part of
that program, IPIECA publishes a guide to shoreline cleanup techniques.223
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 firms view their adoption of environmental
management practices through voluntary programs and efforts to improve environmental
221 "The Environmental Partnership," API, accessed October 16, 2018 at: https://www.api.org/news-policv-and-
issues/environment/the-environmental-partnership-website.
222 U.S. Environmental Protection Agency, Office of Regulatory Compliance, "EPA Announces Clean Air Act
Compliance Incentive Program Developed with API," Enforcement Alert, Volume 3, No. 5, May 2000.
223 "About Us" and "Environment," IPIECA, accessed June 28, 2019 at: http://www.ipieca.org/.
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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.
A 1995 EPA Sector Notebook on petroleum refining evaluated the industry's involvement in
voluntary programs and commented on the effectiveness of the programs within the sector. With
respect to the 33/50 Program, of the 91 companies that carried out petroleum refining operations
in 1995, 29 percent participated in the program. The participating companies made up 99 total
petroleum refining facilities that participated in the program. EPA noted that the petroleum
refining industry used, generated, or processed all 17 of the target chemicals targeted in 33/50,
and that the industry most frequently used benzene, toluene, xylene, and methyl ethyl ketone,
which accounted for approximately 5 percent of TRI releases from petroleum refiners. The
participating petroleum refining facilities reported approximately a 40 percent average reduction
in releases and transfers during their participation in the 33/50 Program to that point, from 1988
to 1993.224
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
example, a 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.225 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, 1991 -1993.226 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.227 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
224 U.S. Environmental Protection Agency, Profile of the Petroleum Refining Industry, September 1995, p. 118-122.
225 X. Bi and M. Khanna, "Inducing Pollution Prevention Adoption: Effectiveness of the 33/50 Voluntary
Environmental Program," Journal of Environmental Planning and Management 60, No. 12 (2017): 2234-2254.
226 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.
227 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.
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participated demonstrated a significantly higher rate of reduction in releases than
nonparticipating facilities, but firm-wide analysis dilutes this result.228
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.229 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
participation.230 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
228 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.
229 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.
230 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.
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conclude that the 33/50 Program yielded direct pollution reduction benefits after the conclusion
of the program in 1996.231
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 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.232 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.233 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 stymied industry environmental innovation.234
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.235
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.236 Harrington, Deltas,
231 A.G. Sam, M. Khanna, andR. 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.
232 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.
233 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.
234 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.
235 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.
236 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.237 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.238
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.239 Bui and
Kapon's 2012 study, which was 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.240
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
237 D.R. Harrington, G. Deltas, andM. Khanna, "Does Pollution Prevention Reduce Toxic Releases? A Dynamic
Panel Data Model," Land Economics 90, No. 2 (2014): 199-221.
238 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.
239 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.
240 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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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.241
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.242 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.243 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
241 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.
242 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.
243 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.
58
-------
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.244 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.245
Although industry, trade association, or third party standard organization sponsored voluntary
environmental programs lack the regulatory authority of government backed programs, studies
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
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):
31-44.
245 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.
59
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as a kind of certification of a facility's environmental citizenship, and that benefit motivates
facilities to undertake the cost of meeting the standard.246
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 go on to point out that the existence of oversight and sanction within
the program makes the program less attractive to polluting firms and facilities.247 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.
246 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.
247 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.
60
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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 NAICS 324 for a representative sample of states.
EPA used data on the geographic distribution of petroleum and coal products manufacturing
facilities to generate the sample.
The following sections summarize EPA's findings about the geographic distribution of facilities
within the 50 states and the District of Columbia for each of the NAICS classes of interest. EPA
relied upon rulemakings, industry sources, 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."248
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 of 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 sections below discuss in detail EPA's methodology for generating representative samples
of states from which to collect environmental regulatory information. In summary, the sample
includes: Texas, Louisiana, California, Alaska, Oklahoma, Utah, Washington, Wyoming,
Pennsylvania, Illinois, and Virginia.
NAICS 324: Petroleum Refineries and Coal Manufacturing Facilities
Table 3, below, summarizes the geographic distribution of petroleum refineries in the United
States as of January 1, 2018 from the Energy Information Administration (EIA)'s 2018 Refinery
Capacity Report.
248 U.S. Census Bureau, County Business Patterns, Glossary, accessed July 27, 2018 at:
https://www.census.gov/programs-survevs/cbp/about/glossarv.html.
61
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Table 3. Petroleum Refineries by State, 2018 EIA Refinery Capacity Report
Row
State
Establishments
% of Total
Establishments
Cumulative %
1
Texas
29
21.5%
21.5%
2
Louisiana
17
12.6%
34.1%
3
California
16
11.9%
45.9%
4
Alaska
5
3.7%
49.6%
5
Oklahoma
5
3.7%
53.3%
6
Utah
5
3.7%
57.0%
7
Washington
5
3.7%
60.7%
8
Wyoming
5
3.7%
64.4%
9
Illinois
4
3.0%
67.4%
10
Montana
4
3.0%
70.4%
11
Ohio
4
3.0%
73.3%
12
Pennsylvania
4
3.0%
76.3%
13
Alabama
3
2.2%
78.5%
14
Kansas
3
2.2%
80.7%
15
Mississippi
3
2.2%
83.0%
16
Arkansas
2
1.5%
84.4%
17
Hawaii
2
1.5%
85.9%
18
Indiana
2
1.5%
87.4%
19
Kentucky
2
1.5%
88.9%
20
Minnesota
2
1.5%
90.4%
21
New Jersey
2
1.5%
91.9%
22
New Mexico
2
1.5%
93.3%
23
North Dakota
2
1.5%
94.8%
24
Colorado
1
0.7%
95.6%
25
Delaware
1
0.7%
96.3%
26
Michigan
1
0.7%
97.0%
27
Nevada
1
0.7%
97.8%
28
Tennessee
1
0.7%
98.5%
29
West Virginia
1
0.7%
99.3%
30
Wisconsin
1
0.7%
100.0%
31
Arizona
0
0.0%
100.0%
32
Connecticut
0
0.0%
100.0%
33
District of Columbia
0
0.0%
100.0%
34
Florida
0
0.0%
100.0%
35
Georgia
0
0.0%
100.0%
36
Idaho
0
0.0%
100.0%
37
Iowa
0
0.0%
100.0%
38
Maine
0
0.0%
100.0%
39
Maryland
0
0.0%
100.0%
40
Massachusetts
0
0.0%
100.0%
41
Missouri
0
0.0%
100.0%
42
Nebraska
0
0.0%
100.0%
43
New Hampshire
0
0.0%
100.0%
44
New York
0
0.0%
100.0%
62
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Row
State
Establishments
% of Total
Establishments
Cumulative %
45
North Carolina
0
0.0%
100.0%
46
Oregon
0
0.0%
100.0%
47
Rhode Island
0
0.0%
100.0%
48
South Carolina
0
0.0%
100.0%
49
South Dakota
0
0.0%
100.0%
50
Vermont
0
0.0%
100.0%
51
Virginia
0
0.0%
100.0%
52
Total
135
100%
Source: U.S. Energy Information Administration, Petroleum Refinery Capacity Report, as of January 1, 2018,
accessed July 27, 2018 at: https://www.eia. gov/petroleum/refinervcapacitv/.
Table 4, below, summarizes the geographic distribution of petroleum refineries in the United
States from the Census Bureau's 2016 County Business Patterns data.
-------
Table 4. Petroleum Refinery Establishments by State, 2016 U.S. Census County Business
Patterns Data
Row
State
Establishments
% of Total
Establishments
Cumulative %
1
Texas
38
19.3%
19.3%
2
California
24
12.2%
31.5%
3
Louisiana
20
10.2%
41.6%
4
Oklahoma
9
4.6%
46.2%
5
Pennsylvania
9
4.6%
50.8%
6
Illinois
6
3.0%
53.8%
7
New Jersey
6
3.0%
56.9%
8
Ohio
6
3.0%
59.9%
9
Washington
6
3.0%
62.9%
10
Wyoming
6
3.0%
66.0%
11
Alaska
5
2.5%
68.5%
12
Utah
5
2.5%
71.1%
13
Indiana
4
2.0%
73.1%
14
Mississippi
4
2.0%
75.1%
15
Montana
4
2.0%
77.2%
16
Alabama
3
1.5%
78.7%
17
Arkansas
3
1.5%
80.2%
18
Kansas
3
1.5%
81.7%
19
Kentucky
3
1.5%
83.2%
20
Michigan
3
1.5%
84.8%
21
New York
3
1.5%
86.3%
22
Colorado
2
1.0%
87.3%
23
Florida
2
1.0%
88.3%
24
Hawaii
2
1.0%
89.3%
25
Iowa
2
1.0%
90.4%
26
Massachusetts
2
1.0%
91.4%
27
Minnesota
2
1.0%
92.4%
28
Missouri
2
1.0%
93.4%
29
Nevada
2
1.0%
94.4%
30
New Mexico
2
1.0%
95.4%
31
North Carolina
2
1.0%
96.4%
32
North Dakota
2
1.0%
97.5%
33
Delaware
1
0.5%
98.0%
34
Georgia
1
0.5%
98.5%
35
Tennessee
1
0.5%
99.0%
36
West Virginia
1
0.5%
99.5%
37
Wisconsin
1
0.5%
100.0%
38
Arizona
0
0.0%
100.0%
39
Connecticut
0
0.0%
100.0%
40
District of Columbia
0
0.0%
100.0%
41
Idaho
0
0.0%
100.0%
42
Maine
0
0.0%
100.0%
43
Maryland
0
0.0%
100.0%
64
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Row
State
Establishments
% of Total
Establishments
Cumulative %
44
Nebraska
0
0.0%
100.0%
45
New Hampshire
0
0.0%
100.0%
46
Oregon
0
0.0%
100.0%
47
Rhode Island
0
0.0%
100.0%
48
South Carolina
0
0.0%
100.0%
49
South Dakota
0
0.0%
100.0%
50
Vermont
0
0.0%
100.0%
51
Virginia
0
0.0%
100.0%
52
Total
197
100%
Source: U.S. Census Bureau, 2016 County Business Patterns Data for NAICS 324110, accessed July 27, 2018 at:
https://www.census.gov/programs-survevs/cbp/data/tables.html.
Table 5, below, summarizes the geographic distribution of other petroleum and coal
manufacturing facility establishments in the United States from the Census Bureau's 2016
County Business Patterns data.
65
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Table 5. Petroleum and Coal Manufacturing Facility Establishments by State, 2016 U.S.
Census County Business Patterns Data
% of Total
Row
State
Establishments
Establishments
Cumulative %
1
Pennsylvania
15
15.0%
15.0%
2
Texas
11
11.0%
26.0%
3
Louisiana
10
10.0%
36.0%
4
California
6
6.0%
42.0%
5
Illinois
6
6.0%
48.0%
6
Virginia
5
5.0%
53.0%
7
Colorado
4
4.0%
57.0%
8
Missouri
4
4.0%
61.0%
9
Alabama
3
3.0%
64.0%
10
Massachusetts
3
3.0%
67.0%
11
Michigan
3
3.0%
70.0%
12
Ohio
3
3.0%
73.0%
13
Connecticut
2
2.0%
75.0%
14
Florida
2
2.0%
77.0%
15
Georgia
2
2.0%
79.0%
16
Indiana
2
2.0%
81.0%
17
Kansas
2
2.0%
83.0%
18
Kentucky
2
2.0%
85.0%
19
Mississippi
2
2.0%
87.0%
20
Nevada
2
2.0%
89.0%
21
Oklahoma
2
2.0%
91.0%
22
South Carolina
2
2.0%
93.0%
23
Wisconsin
2
2.0%
95.0%
24
Idaho
1
1.0%
96.0%
25
Maryland
1
1.0%
97.0%
26
North Carolina
1
1.0%
98.0%
27
Utah
1
1.0%
99.0%
28
Wyoming
1
1.0%
100.0%
29
Alaska
0
0.0%
100.0%
30
Arizona
0
0.0%
100.0%
31
Arkansas
0
0.0%
100.0%
32
Delaware
0
0.0%
100.0%
33
District of Columbia
0
0.0%
100.0%
34
Hawaii
0
0.0%
100.0%
35
Iowa
0
0.0%
100.0%
36
Maine
0
0.0%
100.0%
37
Minnesota
0
0.0%
100.0%
38
Montana
0
0.0%
100.0%
39
Nebraska
0
0.0%
100.0%
40
New Hampshire
0
0.0%
100.0%
41
New Jersey
0
0.0%
100.0%
42
New Mexico
0
0.0%
100.0%
43
New York
0
0.0%
100.0%
66
-------
% of Total
Row
State
Establishments
Establishments
Cumulative %
44
North Dakota
0
0.0%
100.0%
45
Oregon
0
0.0%
100.0%
46
Rhode Island
0
0.0%
100.0%
47
South Dakota
0
0.0%
100.0%
48
Tennessee
0
0.0%
100.0%
49
Vermont
0
0.0%
100.0%
50
Washington
0
0.0%
100.0%
51
West Virginia
0
0.0%
100.0%
52
Total
100
100%
Source: U.S. Census Bureau, 2016 County Business Patterns Data for NAICS 324199, accessed July 27, 2018 at:
https://www.census.gov/programs-surveYs/cbp/data/tables.html.
EPA collected state environmental regulatory information from the eight states with the most
refineries that constitute greater than 50 percent of the refineries in the United States from the
EIA's Refinery Capacity Report data, as well as the three additional states that have the most
number of other petroleum and coal manufacturing facility establishments that constitute greater
than 50 percent of those establishments in the United States from the U.S. Census's County
Business Patterns data. Together, those 11 states are: Texas, Louisiana, California, Alaska,
Oklahoma, Utah, Washington, Wyoming, Pennsylvania, Illinois, and Virginia.
67
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APPENDIX II. FEDERAL ENVIRONMENTAL REGULATIONS
The following table summarizes the federal environmental regulations relevant to petroleum
refineries and coal products manufacturing facilities. EPA intends to summarize the major pieces
of legislation and the subsequent regulations federal agencies have promulgated under their
authority relevant to the petroleum and coal products manufacturing industries.
68
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Table A. Federal Environmental Regulations Relevant to Petroleum Refineries and Coal Products Manufacturing Facilities
Federal Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
1
National
Ambient Air
Quality
Standards
(NAAQS)
40 CFR 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)
40 CFR 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
Equipment Leaks
of Volatile
Organic
Compounds in
Petroleum
Refineries: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart
GGG
42 U.S.C.
§7401
et seq. (Clean
Air Act)
49 FR
26606
Air
Pollution
The regulation establishes standards of
performance for equipment for
equipment and emissions for leaks of
volatile organic compounds at
petroleum refineries.
5/30/1984
5/30/1984
69
-------
Federal Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
4
Petroleum
Refineries: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart J
42 U.S.C.
§7401
et seq. (Clean
Air Act)
43 FR
10866
Air
Pollution
The regulation establishes standards of
performance for particulate matter,
carbon monoxide, and sulfur oxides
emissions for petroleum refineries.
3/15/1978
3/15/1978
Updated for petroleum
refineries constructed,
reconstructed or
modified after
5/14/2007 (Subpart Ja),
effective 6/24/2008 (73
FR 35838).
5
Standards of
Performance for
Volatile Organic
Liquid Storage
Vessels: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart K
42 U.S.C.
§7401
et seq. (Clean
Air Act)
39 FR
9317
Air
Pollution
The regulation establishes standards of
performance for vapor pressure in
petroleum liquid storage vessels.
3/8/1974
2/28/1974
Updated with Subpart
Ka for storage vessels
constructed after May
18, 1978 and updated
again with Subpart Kb
for storage vessels
constructed after July
23, 1984.
6
Standards of
Performance for
Volatile Organic
Compound
Emissions from
Petroleum
Refinery
Wastewater
Systems: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart
QQQ
42 U.S.C.
§7401
et seq. (Clean
Air Act)
53 FR
47623
Air
Pollution
The regulation establishes standards of
performance for volatile organic
compound emissions from petroleum
refinery wastewater systems.
11/23/1988
11/23/1988
70
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Federal Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
7
National
Emission
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR 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.
8
National
Emission
Standards for
Hazardous Air
Pollutants
(NESHAPs) for
Source
Categories and
Maximum
Achievable
Control
Technology
(MACT)
Standards
40 CFR 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.
9
Petroleum
Refineries:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
CC
42 U.S.C. 7401
et seq. (Clean
Air Act)
60 FR
43260
Air
Pollution
The regulation establishes emissions
standards for organic hazardous air
pollutants at petroleum refineries.
8/18/1995
8/18/1995
71
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Federal Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
10
Coke Ovens:
Pushing,
Quenching, and
Battery Stacks:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
CCCCC
42 U.S.C. 7401
et seq. (Clean
Air Act)
68 FR
18025
Air
Pollution
The regulation establishes particulate
matter emissions standards for
hazardous air pollutants for coke ovens.
4/14/2003
4/14/2003
11
Industrial,
Commercial, and
Institutional
Boilers and
Process Heaters:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR 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, and
reporting requirements.
3/21/2011
3/21/2011
12
Site
Remediation:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
GGGGG
42 U.S.C. 7401
et seq. (Clean
Air Act)
68 FR
58190
Air
Pollution
The regulation establishes emissions
standards for hazardous air pollutants
for site remediation.
10/8/2003
10/8/2003
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Equipment
Leaks: National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR 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
14
Certain Processes
Subject to the
Negotiated
Regulation for
Equipment
Leaks: National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR 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
15
Coke By-Product
Recovery Plants
and Coke Oven
Batteries:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart L
42 U.S.C. 7401
et seq. (Clean
Air Act)
58 FR
57911
Air
Pollution
The regulation establishes emissions
and operational standards for hazardous
air pollutants at recovery plants and
coke oven batteries (coke oven door
leakage, offtake system leakage, lid
leakage, time of emissions release).
10/27/1993
10/27/1993
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16
Industrial Process
Cooling Towers:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart 0
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
17
Petroleum
Refineries -
Catalytic
Cracking Units,
Catalytic
Reforming Units,
and Sulfur
Recovery Units:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
uuu
42 U.S.C. 7401
et seq. (Clean
Air Act)
67 FR
17773
Air
Pollution
The regulation establishes emissions
standards for hazardous air pollutants
for catalytic cracking and reforming
units and sulfur recovery units at
petroleum refineries.
4/11/2002
4/11/2002
18
Marine Tank
Vessel Loading
Operations:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR 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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19
Stationary
Combustion
Turbines:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR 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
20
Reciprocating
Internal
Combustion
Engines:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR 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
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21
Chemical
Accident
Prevention
Provisions
40 CFR 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 the requirement 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
in61FR 31668,
6/20/1996.
Electric utilities,
refineries, and chemical
manufacturing facilities
identified as part of
regulated universe as of
6/20/1996.
22
State Operating
Permit Programs
40 CFR 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.
23
Federal
Operating Permit
Programs
40 CFR 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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24
Protection of
Stratospheric
Ozone
40 CFR 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
25
Mandatory
Greenhouse Gas
Reporting
40 CFR Part
98
42 U.S.C. 7401-
767lq (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.
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26
New Source
Review (NSR)
40 CFR Parts
49 and 52
42 U.S.C. 7401-
767 lq (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
27
OSHA
Hazardous Waste
Operations and
Emergency
Response
Standards
(HAZWOPER)
29 CFR
1910.120;
29 CFR
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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28
OSHA
Emergency
Action Plan
(EAP)
29 CFR 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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29
Occupational
Safety and Health
Standards
(OSHA)
29 CFR 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.
In 2009, OSHA
initiated the PSM
Petroleum Refinery
National Emphasis
Program, and in 2011
OSHA initiated the
PSM Covered
Chemical Facilities
National Emphasis
Program. The programs
allow OSHA to
conduct inspections of
facilities that handled
highly hazardous
chemicals in quantities
above PSM threshold.
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30
Council on
Environmental
Quality
Regulations for
Implementing the
Procedural
Provisions of the
National
Environmental
Policy Act
40 CFR 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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31
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities:
Preparedness and
Prevention
40 CFR 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 plan 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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32
National Oil and
Hazardous
Substances
Contingency Plan
(NCP)
40 CFR 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
33
CERCLA
Designation,
Reportable
Quantities, and
Notification
40 CFR 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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34
CERCLA
Emergency
Planning and
Notification
40 CFR Part
355
42 U.S.C.
11001 et seq
(Emergency
Planning and
Community
Right-to-Know
Act IEPCRA1)
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.
35
CERCLA
Hazardous
Chemical
Reporting:
Community
Right to Know
40 CFR 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.
36
CERCLA Toxic
Chemical
Release
Reporting
40 CFR 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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37
Superfund,
Emergency
Planning, and
Community
Right-to-Know
Programs
40 CFR 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 from its definition of
"hazardous substances," and therefore
does not regulate those substances.
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.
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38
Requests for
NIOSH Health
Hazard
Evaluations
42 CFR 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
39
Process Safety
Management of
Highly
Hazardous
Chemicals
29 CFR 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
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40
Toxic Substances
Control Act
Chemical
Substance
Inventory
40 CFR 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.
41
Toxic Substances
Control Act
Premanufacture
Notification
40 CFR 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
40 CFR 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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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 reduction and recycling
report with that filing.
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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Hazardous
Materials Safety
Regulations
49 CFR 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
packaging; specifications for tank cars;
and qualification and maintenance of
packaging.
6/25/2002
7/25/2002
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Pipeline Safety
Regulations
49 CFR 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
Safety Act of 2016.
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Identification and
Listing of
Hazardous Waste
40 CFR 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
46354), and 2/8/1999
(see 63 FR 42110).
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Standards
Applicable to
Generators of
Hazardous Waste
40 CFR 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
(HSWA) to RCRA
were signed into law on
11/8/1984. The HSWA
added regulations for
SQGs under 40 CFR
Part 262 effective
9/22/1986 (see 51 FR
10146).
48
Standards
Applicable to
Transporters of
Hazardous Waste
40 CFR 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
40 CFR 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
40 CFR 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 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 an off-site source.
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 ignitable, reactive, or
incompatible wastes. Owners and
operators must maintain records of
personnel and training completion until
closure.
5/19/1980
11/19/1980
Amended numerous
times since
implementation.
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Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities:
Contingency Plan
and Emergency
Procedures
40 CFR Part
264, Subpart
D
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
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
40 CFR Part
264, Subpart
DD
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
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 remove or
decontamination of contaminated
components, subsoils, structures, and
equipment, 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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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.
53
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities:
Manifest System,
Recordkeeping,
and Reporting
40 CFR Part
264, Subpart
E
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
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
40 CFR 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
implemented to protect human health
and the environment.
7/26/1982
1/26/1983
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Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities:
Closure and Post-
Closure
40 CFR 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
40 CFR Part
264, Subpart
H
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
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
40 CFR 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
40 CFR 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 closure
and post-closure requirements for
facilities that use tank and secondary
7/14/1986
1/12/1987
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containment systems, including
acquisition of financial responsibility.
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Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities:
Surface
Impoundments
40 CFR 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
40 CFR 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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61
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities: Land
Treatment
40 CFR Part
264, Subpart
M
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
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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62
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities:
Landfills
40 CFR 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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63
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities:
Incinerators
40 CFR Part
264, Subpart
0
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act [RCRA])
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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64
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities: Special
Provisions for
Cleanup
40 CFR 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 post closure 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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65
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities:
Miscellaneous
Units
40 CFR Part
264, Subpart
X
42 U.S.C. 6905,
6912(a), 6924,
6925, 6935,
6936, and 6937
(Resource
Conservation
and Recovery
Act IRCRAI)
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
66
Hazardous and
Solid Waste
Amendments for
Corrective
Action
40 CFR Part
264.100-101
42 U.S.C. 6905,
6912, 6924,
6925 (Resource
Conservation
and Recovery
Act IRCRAI)
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 (HSWA)
to RCRA were signed
into law on 11/8/1984.
Ill
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Standards for the
Management of
Specific
Hazardous
Wastes and
Specific Types of
Hazardous Waste
Management
Facilities
40 CFR 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
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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68
Land Disposal
Restrictions
40 CFR 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 (HSWA)
to RCRA were signed
into law on 11/8/1984.
The HSWA 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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Prohibition initially
imposed on spent
solvents.
69
Land Disposal
Restrictions:
Prohibitions on
Land Disposal
40 CFR Part
268, Subpart
C
42 U.S.C. 6905,
6912(a), 6921,
and 6924
(Resource
Conservation
and Recovery
Act IRCRAI)
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 pot
liners, reactive wastes, and carbamate
wastes.
11/7/1986
11/8/1986
Waste prohibitions
promulgated on an
integrative 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).
70
Land Disposal
Restrictions:
Treatment
Standards
40 CFR Part
268, Subpart
D
42 U.S.C. 6905,
6912(a), 6921,
and 6924
(Resource
Conservation
and Recovery
Act IRCRAI)
51 FR
40642
Hazardous
Waste
Management
and Disposal
Establishes treatment standards that
prohibited wastes must meet 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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71
Land Disposal
Restrictions:
Prohibitions on
Storage
40 CFR Part
268, Subpart
E
42 U.S.C. 6905,
6912(a), 6921,
and 6924
(Resource
Conservation
and Recovery
Act [RCRA])
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
40 CFR 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
PartB (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 least 180
days before the commencement of
physical construction.
5/19/1980
11/19/1980
The Hazardous and
Solid Waste
Amendments (HSWA)
to RCRA were signed
into law on 11/8/1984.
The HSWA amended
RCRA and required all
landfills and surface
impoundments to have
groundwater
monitoring and
financial assurance in
place by 11/8/1985.
The HSWA 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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Hazardous Waste
Special Forms of
Permits
40 CFR Part
270, Subpart
F
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
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.
74
Remedial Action
Plans (RAPs)
40 CFR Part
270, Subpart
H
42 U.S.C. 6905,
6912, 6924,
6925, 6927,
6939, and 6974
(Resource
Conservation
and Recovery
Act IRCRAI)
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
40 CFR 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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76
Standards for the
Management of
Used Oil
40 CFR 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
40 CFR 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 [RCRA])
53 FR
37082;53
FR43322
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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Approval of State
Underground
Storage Tank
Programs
40 CFR Part
281
42 U.S.C. 6912,
6991(c),
6991(d),
6991(e),
699l(i), 699l(k)
(Resource
Conservation
and Recovery
Act IRCRAI)
53 FR
37082;53
FR43322
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 forUST 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).
79
Approved
Underground
Storage Tank
Programs
40 CFR 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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Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
80
Hazardous Waste
Regulations
40 CFR Parts
260-272
42 U.S.C. 6905
et seq.
(Resource
Conservation
and Recovery
Act [RCRA])
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.
81
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
122
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Final Rule
Published
Effective
Date
Notes
82
National
Pollutant
Discharge
Elimination
System (NPDES)
40 CFR 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 sector 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
123
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Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
83
Water Quality
Standards
40 CFR 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
84
Water Quality
Guidance for the
Great Lakes
System
40 CFR 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.
124
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Focus
Overview
Final Rule
Published
Effective
Date
Notes
85
Underground
Injection Control
Program
40 CFR 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
86
Effluent
Limitation
Guidelines
40 CFR 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.
125
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Final Rule
Published
Effective
Date
Notes
87
General
Pretreatment
Regulations for
Existing and New
Sources of
Pollution
40 CFR 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 Owner Treatment
Works (POTWs) interfering with
operations of disposal of sludge and to
improve opportunity to recycle and
reclaim industrial wastewaters and
sludge.
5/9/1974
5/9/1974
Multiple amendments
and revisions on source
by source basis.
126
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Focus
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Final Rule
Published
Effective
Date
Notes
88
Petroleum
Refining Effluent
Guidelines
40 CFR Part
419
33US.C. 1311,
1314, 1316,
1317, and 1361
(Clean Water
Act)
47 FR
46446
Water
Pollution
Establishes effluent limitations
guidelines for petroleum refining point
sources, including facilities that produce
petroleum products using topping and
catalytic reforming, topping and
cracking, petrochemical operations, and
lube oil manufacturing processes.
5/9/1974
5/9/1974
Amended/revised
5/20/1975 (best
practicable control
technology for TSS and
chromium-VI limits),
3/23/1977
(pretreatment standards
for existing sources),
10/18/1982 (best
available technology
standards, pretreatment
standards for new
sources, pretreatment
standards for existing
sources), and 8/12/1985
(best available
technology, addition of
stormwater limits).
127
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Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
89
State Sludge
Management
Program
Regulations
40 CFR 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
90
Standards for the
Use or Disposal
of Sewage
Sludge
40 CFR 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.
128
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Focus
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Final Rule
Published
Effective
Date
Notes
91
Marine
Protection,
Research, and
Sanctuaries Act
40 CFR 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
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
129
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APPENDIX III. STATE ENVIRONMENTAL REGULATIONS
The following tables summarize state environmental regulations relevant to the petroleum and
coal products manufacturing industries in a sample of states representative of the geographic
distribution of petroleum and coal products manufacturing facilities in the United States. The
sample comprises the states that contain 50 percent of the petroleum and coal products
manufacturing facilities in the country, and includes: Texas, Louisiana, California, Alaska,
Oklahoma, Utah, Washington, Wyoming, Pennsylvania, Illinois, and Virginia.
The tables that follow present lists and summaries of the state regulations relevant to petroleum
and coal products manufacturing facilities. In many cases, states adopt federal regulations or
incorporate the federal regulations by reference.
130
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Table A. Alaska: State Environmental Regulations Relevant to Petroleum Refineries and Coal Products Manufacturing
Facilities
Alaska Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
1
Major Stationary
Source Permits
18 AAC 50
Article 3
Air Pollution
Creates permitting program and requires
permits for major stationary source
construction or modification and operation.
For operation, Title V operating permits are
required. For construction, either a
prevention of significant deterioration permit
or a nonattainment area permit is required.
This article includes regulations 18 AAC
50.300- 18 AAC 50.390.
1/18/1997
An older set of permit
conditions was effective
1/18/1997 - 10/1/2004.
The currently effective
provisions of this Article
are effective 10/1/2004.
131
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Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
2
Air Quality
Control
18 AAC 50
Article 1
Air Pollution
The purpose of this article is to identify,
prevent, abate, and control air pollution in a
manner that meets the purposes of AS 46.03,
AS 46.14, and 42 U.S.C. 7401 - 7671q
(Clean Air Act). The requirements of this
article apply to any person who allows or
causes air pollutants to be emitted into the
ambient air. This article includes regulations
18 AAC 50.005 - 18 AAC 50.110.
Adopts by reference all or substantial parts
of the federal New Source Performance
Standards (40 CFR Part 60), the National
Emissions 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 Protection of Stratospheric
Ozone (40 CFR Part 82), to the extent that
they apply to a Title V source. Selected
provisions of 40 CFR Part 71, 40 CFR Part
62, 40 CFR Part 51, and 40 CFR Part 52 are
also adopted by reference. Additional
applicable sub-parts of this regulation are
summarized separately.
1/18/1997
Last amended
9/15/2018.
132
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Alaska Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
3
Minor Permits
18 AAC 50
Article 5
Air Pollution
Creates a minor-source permitting system
and requires these permits for the
construction, operation, or relocation of a
stationary source for 1) an asphalt plant with
a rated capacity of at least five tons per hour
of product; (2) a thermal soil remediation
unit with a rated capacity of at least five tons
per hour of untreated material; (3) a rock
crusher with a rated capacity of at least five
tons per hour; (4) one or more incinerators
with a cumulative rated capacity of 1,000
pounds or more per hour; (5) a coal
preparation plant; or (6) a Port of Anchorage
stationary source.
10/4/2004
Last amended
9/15/2018.
4
Ambient Air
Quality Standards
18 AAC 50.010
Air Pollution
In addition to six pollutants regulated
through National Ambient Air Quality
Standards (particulate matter, sulfur oxides,
carbon monoxide, nitrogen oxides, lead, and
ozone), establishes ambient air quality
standards for ammonia.
1/18/1997
Last amended
10/1/2004.
5
Industrial
Processes and
Fuel-Burning
Equipment
18 AAC 50.055
Air Pollution
Establishes additional emissions standards
for visible emissions, particulate matter, and
sulfur compounds. For petroleum refineries,
establishes emissions limits for particulate
matter, carbon monoxide, and sulfur dioxide,
depending on whether the refinery has a
catalytic cracking unit catalyst regenerator,
sulfur recovery plant, or fuel-burning
equipment.
1/18/1997
Last amended
8/20/2016.
133
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Alaska Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
6
Volatile Liquid
Storage Tank
Emissions
Standards
18 AAC 50.085
Air Pollution
Establishes requirements for owners,
operators, or permittees of volatile liquid
storage tanks, including required roofing and
ventilation systems, depending on capacity
of tank and location.
1/18/1997
Last amended
1/18/1997.
7
Volatile Liquid
Loading Racks
and Delivery
Tank Emission
Standards
18 AAC 50.090
Air Pollution
Establishes requirements for annual testing
and reduction of organic vapors from
stationary sources that have volatile liquid
loading rack.
1/18/1997
Last amended
7/25/2008.
8
Emission Fees
18 AAC 50.410
Air Pollution
For each period from July 1 through the
following June 30, the permittee, owner, or
operator shall pay to the department an
annual emission fee based on the stationary
source's assessable emissions for that year
for each stationary source that is subject to a
permit.
1/18/1997
Last amended
8/20/2016.
9
Occupational
Safety and Health
Standards
18 AAC 61
Article 11
Emergency
Planning and
Response
Adopts substantial sections of the federal
Occupational Safety and Health Standards
(40 CFR Part 1910) and implements
additional standards including additional
hazard communication standards.
5/14/1989
10
Occupational
Safety and Health
Standards:
Petroleum
Refining,
Transportation,
and Handling
Standards
8 AAC 61.1190
Emergency
Planning and
Response
Published July 31, 1995, comprehensive
workplace safety standards for the petroleum
refining, transportation, and handling
industries. Includes standards on process
equipment maintenance, equipment leakage
and breakage, and high-pressure
hydrocarbons.
12/6/1995
Last amended
12/6/1995.
134
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Alaska Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
11
Oil and Other
Hazardous
Substances
Pollution Control
18 AAC 75
Hazardous
Substances
Management
Establishes requirements for owners or
operators of tank vessels, oil barges,
pipelines, oil terminals, railroad tank cars,
exploration facilities, oil storage tanks, or
production facilities to prevent discharge of
oil into waters or onto land. Requirements
include oil discharge prevention training,
recordkeeping, inspection requirements,
appointment of oil spill prevention and
response officers at relevant facilities and
transportation vehicles, and design and
construction requirements. Establishes
financial responsibility provisions and
amounts required for responsible parties of
oil terminal facilities of 5,000 crude barrels
or 10,000 non-crude barrels, railroad tank
cars, exploration or production facilities,
pipeline facilities, and pooled facility groups.
Establishes discharge reporting, cleanup, and
disposal of oil and other hazardous substance
requirements.
5/14/1992
Last amended
3/23/2017.
135
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Alaska Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
12
Underground
Storage Tanks
18 AAC 78
Hazardous
Substances
Management
This chapter establishes standards for
underground storage tanks (USTs). It covers
performance and operation standards, testing
and release detection requirements,
corrective action for leaking underground
storage tanks, UST operators and operator
training, certification of underground storage
tank workers and inspectors, cleanup levels,
financial responsibility, and specific
provision for airport hydrant fuel distribution
systems and USTs with field-constructed
tanks. This chapter includes a
repealed/deleted storage tank assistance
fund.
3/25/1991
Storage tank assistance
fund provisions repealed
1/27/1994.
13
Siting of
Hazardous Waste
Management
Facilities
18 AAC 63
Hazardous
Waste
Management
and Disposal
Establishes requirements for location of
hazardous waste management facilities.
Restricts construction of hazardous waste
management facility in proximity of critical
habitat areas, national wildlife refuges,
national parks, national monuments, wild
and scenic rivers, sole-source aquifer,
wetlands, property lines, or surface waters.
Requires that waste management facilities
acquire financial assurance and submit
compliance history. Additional risk
assessment requirements for PCB and other
hazardous waste incinerators, hazardous
waste land facilities, chemical waste
landfills, and hazardous waste underground
injection wells.
8/5/1972
Last amended
11/5/2017.
136
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Alaska Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
14
Identification of
Hazardous Waste
18 AAC 62
Article 1
Hazardous
Waste
Management
and Disposal
Adopts 40 CFR Part 261, Identification and
Listing of Hazardous Waste.
7/11/1987
Other provisions of this
regulations repealed
8/8/2003.
15
Standards
Applicable to a
Generator
18 AAC 62
Article 2
Hazardous
Waste
Management
and Disposal
Regulations of the federal government
applicable to a generator of hazardous waste,
including standards for universal waste
management, promulgated and published as
40 C.F.R. 262.10 - 262.44, 40 C.F.R. 262.70,
and 40 C.F.R. Part 273, as revised as of July
1, 2002, are adopted by reference.
7/11/1987
Other provisions of this
regulations repealed
8/8/2003.
16
Standards
Applicable to a
Transporter
18 AAC 62
Article 3
Hazardous
Waste
Management
and Disposal
Adopts 40 CFR Part 263, Standards
Applicable to Transporters of Hazardous
Waste.
7/11/1987
Other provisions of this
regulations repealed
8/8/2003.
17
Treatment,
Storage, and
Disposal
18 AAC 62
Article 4
Hazardous
Waste
Management
and Disposal
Regulations of the federal government
applicable to the owner or operator of a
hazardous waste treatment, storage, or
disposal facility, including standards for
universal waste management, promulgated
and published as 40 C.F.R. Part 264, 40
C.F.R. Part 265, and 40 C.F.R. Part 273.60 -
273.62, as revised as of July 1, 2002, are
adopted by reference.
7/11/1987
Other provisions of this
regulations repealed
8/7/1992.
137
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Alaska Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
18
Standards
Applicable to
Specific
Hazardous Wastes
and Facilities
18 AAC 62
Article 5
Hazardous
Waste
Management
and Disposal
Regulations of the federal government for
use, reuse, and recycling applicable to a
generator and transporter of hazardous waste,
and to an owner or operator of a hazardous
waste treatment, storage, or disposal facility,
including used oil management standards,
promulgated and published as 40 C.F.R.
266.20 - 266.360 and 40 C.F.R. Part 279, as
revised as of July 1, 2002, are adopted by
reference.
8/7/1992
Other provisions of this
regulations repealed
8/7/1992. Effective data
for these provisions not
available.
19
Land Disposal
Restrictions
18 AAC 62
Article 6
Hazardous
Waste
Management
and Disposal
Regulations of the federal government
setting out land disposal restrictions,
treatment standards, and prohibitions on land
disposal and storage, promulgated and
published as 40 C.F.R. Part 268, as revised
as of July 1, 2002, are adopted by reference.
8/7/1992
Other provisions of this
regulations repealed
8/8/2003.
20
Hazardous Waste
Facility Permit
18 AAC 62
Article 7
Hazardous
Waste
Management
and Disposal
Asserts that if a person holds a valid permit
under 42 U.S.C. 6901 - 6992k (Solid Waste
Disposal Act), and any applicable related
federal regulations, to treat, transport, store,
or dispose of a hazardous waste, the
department will consider that permit to be a
state hazardous waste permit for purposes
with respect to the activity for which the
permit was issued.
8/7/1992
Other provisions of this
regulations repealed and
swapped for the
currently effective
provision on 8/8/2003.
138
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Alaska Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
21
Water Quality
Standards
18 AAC 70
Water
Pollution
The water quality standards set by this
chapter specify the degree of degradation
that may not be exceeded in a waterbody
because of human actions. The water quality
standards are set by the antidegradation
policy and the water quality criteria and
limits set forth in this chapter. Other sections
of this chapter establish waterbodies subject
to site-specific criteria, protected water use
classes and subclasses, and a compliance
schedule.
12/12/1997
Last amended 2/5/2017.
22
Nondomestic
Wastewater
System Plan
Review
18 AAC 72
Article 6
Water
Pollution
Requires a person who constructs, alters,
installs, modifies, or operates any part of a
nondomestic wastewater treatment works or
disposal system to first have written
department approval of engineering plans
submitted under this section.
6/30/1990
The provision detailing
plan review and permit
fees was repealed
1/17/2002.
23
Alaska Pollutant
Discharge
Elimination
System Program
18 AAC 83
Water
Pollution
This chapter implements the Alaska
Pollutant Discharge Elimination System
(APDES) point source wastewater discharge
program in accordance with 33 U.S.C. 1342
(Clean Water Act, sec. 402). The permit
requirements and standards established in
this chapter apply to the discharge of
pollutants from any point source into waters
of the United States. It includes requirements
and permit conditions generally applicable
and specific to discharge type.
7/29/2006
Last amended
2/19/2016.
139
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Table B. California: State Environmental Regulations Relevant to Petroleum Refineries and Coal Products Manufacturing
Facilities
California Environmental Regulations Applicable to Petroleum and Coal Products Manufacturin
g Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
1
Transported Air
Pollutants
17 CCR § 70500
Air Pollution
This regulation identifies the areas in which
transported air pollutants from upwind areas
cause or contribute to a violation of the state
ambient air quality standard for ozone and
the areas of origin of the transported
pollutants. All areas identified in the table
are air basins except as otherwise specifically
described and defined.
5/9/1990
Last amended
5/22/2002.
2
Transport
Mitigation
Emission Control
Requirements.
17 CCR § 70600
Air Pollution
Districts within the areas of origin of
transported air pollutants, as identified in
section 70500(c), shall include sufficient
emission control measures in their attainment
plans for ozone adopted pursuant to part 3,
chapter 10 (commencing with section 40910)
of division 26 of the Health and Safety Code,
to mitigate the impact of pollution sources
within their jurisdictions on ozone
concentrations in downwind areas
commensurate with the level of contribution.
An upwind district shall comply with the
transport mitigation planning and
implementation requirements set forth in this
section regardless of its attainment status
unless the upwind district complies with the
requirements of section 70601.
12/20/1990
Last amended 1/3/2004.
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List of Hazardous
Air Pollutants
Identified as
Toxic Air
Contaminants.
17 CCR§ 93001
Air Pollution
List of hazardous air pollutants designated to
be toxic air contaminants.
4/8/1994
4
General
Requirements for
Greenhouse Gas
Reporting
17 CCR § 95100-
4
Air Pollution
The purpose of this article is to establish
mandatory greenhouse gas (GHG) reporting,
verification, and other requirements for
operators of certain facilities that directly
emit GHGs, suppliers of certain fuels and
carbon dioxide, electric power entities,
verifiers of GHG emissions data reports and
offset project data reports submitted pursuant
to the cap-and-trade regulation, and
verification bodies. This article is designed
to meet the requirements of section 38530 of
the Health and Safety Code, and to support
GHG emissions inventory and regulatory
programs of the California Air Resources
Board. The reporting entities specified in
section 95101 must develop, submit, and
certify greenhouse gas emissions data reports
to the Air Resources Board each year in
accord with the following requirements.
1/1/2009
Last amended 1/1/2012.
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Ambient Air
Quality Standards
17 CCR 70100-
70201
Air Pollution
California ambient air quality standards more
stringent than National Ambient Air Quality
Standards for all regulated pollutants. Also
establishes standards for visibility reducing
particles, hydrogen sulfide, and vinyl
chloride, in addition to six pollutants
regulated through National Ambient Air
Quality Standards (particulate matter, sulfur
oxides, carbon monoxide, nitrogen oxides,
lead, and ozone).
12/22/1969
Last amended
3/20/2008.
6
California
Accidental
Release
Prevention
(CalARP)
Program Detailed
Analysis
19 CCR §
2735.1
Air Pollution
CalARP adopts the federal Chemical
Accident Prevention Provisions and includes
additions specific to California. The
regulations require-stationary sources with
more than a threshold quantity of regulated
substances to be evaluated for the potential
impacts of accidental releases. Owners of
stationary sources may be required to submit
anRMP.
7/10/1997
Last amended
10/1/2017.
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Immediate
Reporting of a
Release or a
Threatened
Release.
19 CCR § 2631
Emergency
Planning and
Response
(a) A person shall provide an immediate,
verbal report of any release or threatened
release of a hazardous material to the
administering agency and the California
Emergency Management Agency* as soon
as:
(1) a person has knowledge of the release or
threatened release;
(2) notification can be provided without
impeding immediate control of the release or
threatened release;
(3) notification can be provided without
impeding immediate emergency medical
measures.
5/11/2016
8
Public Safety and
Information.
19 CCR § 2646
Emergency
Planning and
Response
Criteria for plans and procedures to notify
public and security personnel.
5/11/2016
9
Reportable
Quantities for
Hazardous Wastes
or Hazardous
Substances.
23 CCR § 2251
Emergency
Planning and
Response
Adopts 40 CFR 302.
6/21/1989
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Petroleum Safety
Orders -Drilling
and Production
8 CCR § 6502-
6692
Emergency
Planning and
Response
These orders establish minimum safety
standards and shall apply to the equipment
and operations used in or appurtenant to the
drilling for and production of petroleum and
natural gas; servicing of oil and gas wells;
storage and handling of petroleum, natural
gas and their products; and shall include the
construction, location, transportation,
installation, testing, demolition, maintenance
and operation of such equipment in a Place
of Employment.
5/27/1977
Last amended 5/8/1995.
11
Petroleum Safety
Orders - Refining,
Transportation,
and Handling
8 CCR 6750
Emergency
Planning and
Response
Establishes minimum safety standards for
equipment and operations used in or
appurtenant to the refining, storage and
handling of petroleum, natural gas and their
products, including the construction,
location, transportation, utilization, testing,
demolition, maintenance and operation of
such equipment in a place of employment.
6/13/1946
Last amended
10/6/1994.
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Hazardous Waste
Management
System: General
22 CCR §
66260.1
Hazardous
Substances
Management
Section 66260.21 establishes requirements
and procedures for obtaining waivers to use
alternative test methods or analytical
methods for classifying non-RCRA
hazardous waste and for obtaining the
Department's concurrence for using
alternative methods allowed by the USEPA
Administrator per 40 CFR Section 260.21 for
the analysis of RCRA hazardous waste.
Section 66260.200 establishes procedures for
obtaining the Department's concurrence on
classification of a waste as hazardous or
nonhazardous. Section 66260.210 establishes
procedures and requirements for obtaining
waivers from regulation for non-RCRA
hazardous waste and non-RCRA regulated
activities.
7/1/1991
13
Identification and
Listing of
Hazardous Waste
22 CCR §
66261.1
Hazardous
Substances
Management
Defines waste and hazardous waste, criteria
for identifying hazardous waste, and
provides a list of RCRA hazardous waste.
7/1/1991
14
Standards
Applicable to
Transporters of
Hazardous Waste
22 CCR §
66263.10
Hazardous
Substances
Management
These regulations establish standards which
apply to persons transporting hazardous
waste within, into, out of or through the State
if the transportation requires a manifest
under section 25160 of the Health and Safety
Code. 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
5/24/1991
Last amended
8/20/2018.
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Standards for
Used Oil
Generators
22 CCR §
66279.20-21
Hazardous
Substances
Management
Must follow standards for generators of
hazardous materials. Containers and
aboveground tanks used to store used oil and
fill pipes used to transfer used oil into
underground storage tanks shall be marked
or clearly labeled with the words "USED
OIL."
6/22/1995
Last amended
7/22/1997.
16
Requirements for
Land Use
Covenants
22 CCR 67391
Hazardous
Substances
Management
Requires land covenant upon facility closure,
corrective action, remedial or removal
action, or other response action when
hazardous materials, hazardous wastes or
constituents, or hazardous substances will
remain at the property at levels which are not
suitable for unrestricted use of the land.
4/19/2003
Last amended
10/18/2007.
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Underground
Storage Tank
Regulations
23 CCR2610-
2729
Hazardous
Substances
Management
The regulations in this chapter are intended
to protect waters of the state from discharges
of hazardous substances from underground
storage tanks. The regulations establish
construction requirements for new
underground storage tanks, establish separate
monitoring requirements for new and
existing underground storage tanks, establish
uniform requirements for unauthorized
release reporting, response, and abatement,
establish uniform requirements for repair and
upgrade, create closure requirements, and
specify variance request procedures.
The regulations also create an underground
storage tank permitting program to be
administered by local agencies.
8/9/1991
Last amended
10/1/2018.
18
Petroleum
Underground
Storage Tank
Cleanup Fund
Regulations
23 CCR 2803
Hazardous
Substances
Management
Establishes financial responsibility
requirements for certain owners and
operators of underground storage tanks.
Provides for reimbursement from the
Underground Storage Tank Cleanup Fund
(Fund) of eligible corrective action,
regulatory technical assistance, and third-
party compensation costs incurred by eligible
owners and operators of underground storage
tanks and residential tanks.
12/2/1991
Last amended 8/5/2004.
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Hazardous
Substances and
Processes
8CCR§ 5160
Hazardous
Substances
Management
This Article establishes minimum standards
for the use, handling, and storage of
hazardous substances in all places of
employment. It covers spill control, cleaning
and repairing, management of flammable and
combustible materials, and more.
1/9/1988
20
Process Safety
Management of
Acutely
Hazardous
Materials.
8 CCR § 5189
Hazardous
Substances
Management
These regulations contain requirements for
preventing or minimizing the consequences
of catastrophic releases of toxic, reactive,
flammable or explosive chemicals. The
establishment of process safety management
regulations are intended to eliminate to a
substantial degree, the risks to which
employees are exposed in petroleum
refineries, chemical plants and other
facilities. These regulations shall apply to a
process which involves a chemical at or
above the specified threshold quantities
listed in Appendix A or a process which
involves a Category 1 flammable gas (as
defined in Section 5194) or a flammable
liquid with a flashpoint below 100 degrees F
(37.8 degrees C) on site in one location, in a
quantity of 10,000 pounds (4535.9 kg) or
more.
8/10/1992
Last amended 5/6/2014.
21
Hazardous
Substances and
Processes
8CCR5160
Hazardous
Substances
Management
Establishes minimum standards for the use,
handling, and storage of hazardous
substances in all places of employment.
9/14/1978
Last amended 1/9/1988.
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Process Safety
Management of
Acutely
Hazardous
Materials
8CCR5189
Hazardous
Substances
Management
Establishes requirements for preventing or
minimizing the consequences of catastrophic
releases of toxic, reactive, flammable or
explosive chemicals. These regulations shall
apply to a process which involves a chemical
at or above specified threshold quantities or a
process which involves a Category 1
flammable gas or a flammable liquid with a
flashpoint below 100 degrees F (37.8 degrees
C) on site in one location, in a quantity of
10,000 pounds (4535.9 kg) or more.
8/10/1992
Last amended 5/6/2014.
23
Standards
Applicable to
Generators of
Hazardous Wastes
22 CCFR
66262.10-
66262.89
Hazardous
Waste
Management
and Disposal
Treats facility owners or operators or other
persons who mix two or more wastes or
otherwise subjects two or more wastes to
physical or chemical transformation
operations, and thereby creates a new
hazardous waste, as a generator of hazardous
wastes under federal regulation 40 CFR Part
262. The federal regulations are less
expansive in their application of the rules to
the mixing of wastes.
8/20/1997
Last amended
8/20/2018.
24
Standards for
Owners and
Operators of
Hazardous Waste
Transfer,
Treatment,
Storage, and
Disposal Facilities
22 CCR §
66264.1
Hazardous
Waste
Management
and Disposal
The requirements of this chapter apply to a
person disposing of hazardous waste by
means of ocean disposal subject to a permit
issued under the Federal Marine Protection,
Research, and Sanctuaries Act (33 U.S.C.
section 1401, et seq.) only to the extent they
are included in a permit by rule granted to
such a person under chapter 20 of this
division.
7/1/1991
Last amended 2/4/2009.
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Interim Status
Standards for
Owners and
Operators of
Hazardous Waste
Transfer,
Treatment,
Storage, and
Disposal Facilities
22 CCR §
66265.1
Hazardous
Waste
Management
and Disposal
The purpose of this chapter is to establish
minimum standards that define the
acceptable management of hazardous waste
during the period of interim status and until
certification of final closure or, if the facility
is subject to post-closure requirements, until
post-closure responsibilities are fulfilled.
7/1/1991
Last amended 2/4/2009.
26
Land Disposal
Restrictions
22 CCR §
66268.1
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.
7/1/1991
Last amended
7/23/2010.
27
Hazardous
Waste Permit
Program
22 CCR §
66270.1
Hazardous
Waste
Management
and Disposal
This regulation covers the issuance and
administration of hazardous waste permits as
well and monitoring and reporting
requirements. Permits are required for the
transfer, treatment, storage, and disposal of
hazardous waste.
7/1/1991
Last amended
6/29/1905.
28
Standards for
Universal Waste
Management
22 CCR §
66273.1
Hazardous
Waste
Management
and Disposal
Applies to batteries, electronic devices,
mercury-containing equipment, lamps,
cathode ray tubes, cathode ray tubes glass
and aerosol cans.
3/6/2000
Last amended 2/4/2009.
29
Hazardous Waste
Environmental
Technology
Certification
Program
22 CCR 66260
Hazardous
Waste
Management
and Disposal
Establishes provisions for certification of
hazardous waste environmental technologies.
Hazardous waste environmental technologies
include, but are not limited to, hazardous
waste management technologies, site
mitigation technologies, and waste
minimization and pollution prevention
technologies.
7/1/1991
Last amended
4/25/2004.
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Recurring
Disposal of
Extremely
Hazardous Waste
22 CCR 67430
Hazardous
Waste
Management
and Disposal
For producers of extremely hazardous waste,
establishes Extremely Hazardous Waste
Disposal Permit, valid up to 12 months, that
specifies approved methods for the handling
and disposal of a specific extremely
hazardous waste that is routinely produced.
Hazardous Waste Disposal/Management.
7/1/1991
Last amended 7/1/1991.
31
Discharges of
Hazardous Waste
to Land
23 CCR 2510
Hazardous
Waste
Management
and Disposal
Pertains to the water quality of waste
discharged to land. Establishes waste and site
classifications and waste management
requirements for waste treatment, storage, or
disposal in landfills, surface impoundments,
waste piles, and land treatment facilities.
3/10/1972
Last amended
7/18/1997.
32
Approval of
Underground
Injection and
Disposal Projects
26 CCR 14-
1724.6
Hazardous
Waste
Management
and Disposal
Requires that owners and operators of
facilities planning to undertake subsurface
injection or disposal programs receive
approval from the California Division of Oil
and Gas, Department of Conservation before
work begins on the injection or disposal
project. Owners and operators must provide
the Department with sufficient data to
evaluate the proposed subsurface injection or
disposal project prior to approval.
3/19/1978
Last amended
1/27/1985.
33
Domestic Water
Quality and
Monitoring
Regulations
22 CCR § 64400-
83
Water
Pollution
Standards for treatments of domestic water
and reporting requirements.
9/8/1994
Last amended 7/1/2014.
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Waste Discharges
from Point
Sources to
Navigable Waters
23 CCR § 2235.3
Water
Pollution
Waste discharge requirements for discharge
from point sources to navigable waters shall
be issued and administered in accordance
with the currently applicable federal
regulations for the National Pollutant
Discharge Elimination System (NPDES)
program. In addition to the federal
regulations, waste discharge requirements
prescribed for discharges to navigable water
shall be in compliance with applicable state
regulations, including, when appropriate, the
requirements of Sections 2230(c), 2232 and
2233.
4/16/1982
35
New
Underground
Storage Tank
Design,
Construction, and
Monitoring
Requirements
23 CCR § 2630
Water
Pollution
Requirements applicable to new owners of
underground storage tanks, including repair
and upgrade requirements. Leak detecting
technology is also required.
8/9/1991
Last amended 4/8/2004.
152
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Discharge of a
Pesticide
Water
Pollution
For a discharge or release of a listed
chemical which is an active ingredient, other
specified ingredient, or degradation product
of a pesticide as defined in Section 12753 of
the Food and Agricultural Code (1996), if the
person responsible for the application can
show that the registrant of the pesticide has
completely and adequately satisfied all of the
data submission requirements of section
13143(a) of the Food and Agricultural Code
(1996) and that the pesticide has not been
placed on the Groundwater Protection List
described in section 13145 of the Food and
Agricultural Code (1996) and that the
application is otherwise in compliance with
the Pesticide Contamination Prevention Act
of 1985 (1996) and all regulations
promulgated thereunder, then it shall be
presumed that the chemical probably will not
pass into any source of drinking water for
purposes of Section 25249.5 of the Act. For
purposes of this section only, the person
responsible for the application may rely upon
information regarding a registrant's
compliance with Section 13143(a), Food and
Agricultural Code (1996), which is obtained
from the Department of Pesticide Regulation
through the office of a county agriculture
commissioner.
6/26/1989
Last amended 2/6/2003.
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1
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, separated 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.
156
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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. In
order 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 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.
157
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8
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.
159
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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 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 etseq.). 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
5/21(f) 1 and 35 111. Adm. Code 703.121.
10/12/1983
Last amended 8/9/2016.
161
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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 packaging 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.
162
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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.
163
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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 waste stream 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.
25
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.
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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.
28
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.
165
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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.
166
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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 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.
167
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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.
168
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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.
169
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Standards of
Performance for
New Stationary
Sources (NSPS)
LAC 33: III 3000
Air Pollution
Except for 40 CFR 60, subpart AAA, and as
modified in this Section, standards of
performance for new stationary sources,
published in the Code of Federal Regulations
at 40 CFR 60, July 1, 2017, are hereby
incorporated by reference as they apply to
the state of Louisiana.
12/1996
Last amended 4/1/2018.
170
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Permit Procedures
LAC 33: III 500
Air Pollution
The Louisiana Permit Program includes
adoption of federal requirements for State
Operating Permit Programs (40 CFR Part 70)
and parts of federal Standards of
Performance for New Stationary Sources (40
CFR Part 60), National Emission Standards
for Hazardous Air Pollutants for Source
Categories, Cross-State Air Pollution Rule
(40 CFR Part 97), and Acid Rain Program
(40 CFR Part 72).
12/1/1987
Subparts of this
regulation were
promulgated and
amended at different
times. Dates recorded in
"Effective Date" and
"Last Amended" date
columns represent the
earliest promulgation
date and latest amended
date of any subpart in
this Chapter. The
following is a list of
subparts that were
promulgated before the
corresponding federal
regulation: § 501 Scope
and Applicability
promulgated 12/1987, §
503 Minor Source
Permitting Requirements
Promulgated 12/1987, §
505 Acid Rain Program
Permitting Requirements
promulgated 12/1987, §
506 Clean Air Interstate
Rule Requirements
promulgated 9/2006; §
507 Part 70 Operating
Permits Program
promulgated 12/1987.
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National Emission
Standards for
Hazardous Air
Pollutants
LAC 33: III 5116
Air Pollution
Except as modified in this Section and
specified below, national emission standards
for hazardous air pollutants, published in the
Code of Federal Regulations at 40 CFR 61,
July 1, 2017, and subparts: A, C, D, E, F, J,
L, N, 0, P, V, Y, BB, FF and Appendices A,
B, C, are hereby incorporated by reference as
they apply to sources in the state of
Louisiana.
1/1997
Last amended 4/1/2018.
4
National Emission
Standards for
Hazardous Air
Pollutants for
Source Categories
LAC 33: III 5122
Air Pollution
Except as modified in this Section and
specified below, national emission standards
for hazardous air pollutants for source
categories, published in the Code of Federal
Regulations at 40 CFR 63, July 1, 2017, are
hereby incorporated by reference as they
apply to major sources in the state of
Louisiana.
1/1997
Last amended 4/1/2018.
5
National Emission
Standards for
Hazardous Air
Pollutants for
Source Categories
as it Applies to
Area Sources
LAC 33: III 5311
Air Pollution
Except as modified in this Section and
specified below, national emission standards
for hazardous air pollutants for source
categories, published in the Code of Federal
Regulations at 40 CFR 63, July 1, 2017, are
hereby incorporated by reference as they
apply to area sources in the state of
Louisiana.
1/1997
Last amended 4/1/2018.
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Ambient Air
Quality
LAC 33: III 700
Air Pollution
It is hereby declared to be the public policy
of the state to achieve and maintain such
levels of air quality as will protect human
health and safety, and to the greatest degree
practicable prevent injury to plant and animal
life and property, foster the comfort and
convenience of the people, promote the
economic and social development of this
state and facilitate the enjoyment of the
natural attractions of the state. This chapter
establishes standards for particulate matter,
sulfur dioxide, carbon monoxide,
atmospheric oxidants, nitrogen oxides, and
lead.
12/1987
Last amended 3/1/2008.
7
Comprehensive
Toxic Air
Pollutant
Emission Control
Program
LAC 33: III 51
Hazardous
Substances
Management
The provisions of this Subchapter and LAC
33:111.905 apply to the owner or operator of
any major source, as defined in LAC
33:111.5103, unless exempted under LAC
33:111.5105.B.
12/1991
Last amended
11/1/2012.
8
Prevention of Air
Pollution
Emergency
Episodes
LAC 33: III 56
Hazardous
Substances
Management
This regulation is designed to prevent the
buildup of excess concentrations of air
contaminants during periods of high air
pollution potential. The Air Pollution
Emergency Episode Plan described herein
shall apply to prevention of damage to the
health of the people of the State of Louisiana
by air pollution episodes.
12/1987
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Chemical
Accident
Prevention and
Minimization of
Consequences
LAC 33: III 59,
Subchapter A
Hazardous
Substances
Management
Adopts 40 CFR 68 Chemical Accident
Prevention Provisions and establishes a
deadline and process for owners and
operators of stationary sources covered under
40 CFR Part 68.3 to register with the
Louisiana Office of Environmental
Compliance. Supplemental lists of regulated
substances and their thresholds for inclusion
in the Accidental Release Prevention
Program promulgated in November 1996.
4/1/1994
Last Amended 4/1/2018.
10
Underground
Storage Tanks
LAC 33: XI
Hazardous
Substances
Management
This part outlines the regulations applicable
to underground storage tanks (USTs) in the
state of Louisiana. Specifies registration
requirements, technical standards, and a fee
schedule for underground storage tanks
containing regulated substances. Technical
standards mandate compliance with
nationally-recognized UST codes of practice,
siting specifications, installation procedures,
implementation of release detection,
reporting and recordkeeping requirements.
7/1/1990
Last amended 9/1/2018.
11
Transportation of
Hazardous
Liquids by
Pipeline
LAC 33:V 301
Hazardous
Substances
Management
This Subpart prescribes safety standards and
reporting requirements for pipeline facilities
used in the transportation of hazardous
liquids or carbon dioxide. [49 CFR 195.01
8/1989
Last amended
12/1/2003.
174
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Treatment,
Storage, and
Disposal Facilities
LAC 33: V 15
Hazardous
Waste
Management
and Disposal
Establishes site requirements for constructing
hazardous waste facilities with respect to
geology, hydrology, and access to services.
Also establishes regulations for onsite
discharges, preparedness and prevention,
contingency plans and emergency
procedures, and personnel training. Creates
Construction Quality Assurance Program for
hazardous waste facilities.
3/1/1984
Last amended 4/1/2008.
13
Air Emission
Standards
LAC 33: V 17
Hazardous
Waste
Management
and Disposal
The regulations in this Chapter apply to
owners and operators of facilities that treat,
store, or dispose of hazardous wastes (except
as provided in LAC 33: V.1501 and 1705).
This regulation sets standards for: process
vents; equipment leaks; and tanks, surface
impoundments, and containers.
7/1991
14
Integration with
Maximum
Achievable
Control
Technology
(MACT)
Standards
LAC 33: V 20
Hazardous
Waste
Management
and Disposal
Options for Incinerators, Cement and
Lightweight Aggregate Kilns, Solid Fuel and
Liquid Fuel Boilers, and Hydrochloric Acid
Production Furnaces to Minimize Emissions
from Startup, Shutdown, and Malfunction
Events.
3/2003
Last amended 4/1/2008.
175
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Prohibitions on
Land Disposal
LAC 33: V 22
Hazardous
Waste
Management
and Disposal
The purpose of these regulations is to
provide for prohibitions and incentives
designed to encourage alternative methods of
hazardous waste disposal, destruction, and
reduction; to lessen the possibility of
hazardous waste releases from existing land
disposal sites; and to provide for the eventual
prohibition of land disposal of hazardous
waste. The requirements of this Chapter
apply to all persons who generate or
transport hazardous waste and to owners and
operators of hazardous waste treatment,
storage, and disposal facilities.
5/1989
Last amended 6/1/2017.
16
Used Oil
LAC 33: V 40
Hazardous
Waste
Management
and Disposal
This regulation sets standards and definitions
for: materials regulated as used oil; used oil
generators, used oil collection centers and
aggregation points; used oil transporter and
transfer facilities; used oil processors and re-
refiners; used oil burners that burn-off
specification used oil for energy recovery;
used oil fuel marketers; and disposal of used
oil and use as a dust suppressant.
3/1995
Last amended 4/1/2008.
17
Generators
[Hazardous
Waste/Materials]
LAC 33:V 11
Hazardous
Waste
Management
and Disposal
The applicable generators of hazardous
waste must comply with the standards set in
this regulation with regards to: hazardous
waste determination, EPA identification
numbers, the manifest system, manifest
tracking numbers, manifest printing,
obtaining manifests, pre-transport
requirements, recordkeeping and reporting,
and exports of hazardous waste.
3/1984
Last amended 1/1/2018.
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Transporters
[Hazardous
Waste/Materials]
LAC 33:V 13
Hazardous
Waste
Management
and Disposal
The revised manifest form and procedures in
40 CFR 260.10, 261.7, 263.20, and 263.21,
had an effective date of September 5, 2006.
The manifest form and procedures in 40 CFR
260.10, 261.7, 263.20, and 263.21, contained
in 40 CFR parts 260 to 265, edition revised
as of July 1, 2004, were applicable until
September 5, 2006. This Chapter establishes
standards that apply to persons transporting
hazardous waste within the state of Louisiana
if the transportation requires a manifest
under LAC 33 :V. 1516.
3/1984
Last amended 4/1/2016.
19
Louisiana
Pollutant
Discharge
Elimination
System (LPDES)
Program
LAC 33: IX 13
Water
Pollution
It is the purpose of these regulations to
establish a fee system for funding the
operation and activities under these
regulations of the Department of
Environmental Quality in accordance with
the Louisiana Environmental Quality Act,
R.S. 30:2001 et seq.
5/1985
Last amended 7/1/2018.
20
Effluent
Standards
LAC 33:1X4903
Water
Pollution
40 CFR chapter I, subchapter N, Effluent
Guidelines and Standards, parts 401 and 405-
471, July 1, 2016 are hereby incorporated by
reference.
9/1995
Last amended
11/1/2017.
177
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Effluent
Standards
LAC 33:1X7
Water
Pollution
This Chapter sets forth general terms for the
application of existing limitations on several
categories of effluent discharges including
Exploration for and Production of Oil and
Natural Gas, Sand and Gravel Extraction,
and Miscellaneous Small Dischargers.
Regulations for discharges associated with
exploration for and production of oil and
natural gas include Louisiana Water
Discharge Permit System requirements and
effluent limitations for specified types of
discharges.
5/1/1985
Fee structure amended
7/2018. This regulation
is in addition to LAC 33:
IX 49, which
incorporates by
reference the federal
Effluent Guidelines and
Standards (40 CFR Parts
401 and 405-471).
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Spill Prevention
and Control
LAC 33:1X9
Water
Pollution
This Chapter establishes requirements for
contingency planning and implementation of
operating procedures and best management
practices to prevent and control the discharge
of pollutants resulting from spill events.
Applies to accidental or unauthorized leaking
or releasing of a substance that has the
potential to be discharged or results in a
discharge to the waters of the state. Requires
facilities in operation at the effective date to
develop a plan within 180 days of the
effective date of the regulation. Chapter calls
for periodic review of the plans every five
years. Plans must contain basic facility
information, information about the
substances stored at the facility, predictions
or projections about the direction, rate of
flow, and total quantity of substances which
could be spilled at the facility, and
installation of appropriate containment
structures at the facility. Regulation also
calls for personnel training on spill
prevention procedures, implementation of
regular inspections of the facility, and
recordkeeping requirements.
11/1/1985
Last amended 8/1/2010.
179
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Table E. Oklahoma: State Environmental Regulations Relevant to Petroleum Refineries and Coal Products Manufacturing
Facilities
Oklahoma Environmental Regulations Applicable to Petroleum and Coal Products Manufacturin
g Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
1
New Source
Performance
Standards
OAC252: 100-4
Air Pollution
Revoked 6/15/2007.
11/2/1998
Last amended 6/1/1999.
2
Registration,
Emission
Inventory and
Annual Operating
Fees
OAC252: 100-5
Air Pollution
This subchapter requires potential sources of
air contaminants to register with the Air
Quality Division of the Oklahoma State
Department of Environmental Quality. It also
requires facilities that emit air contaminants
to file an emission inventory report and pay
annual operating fees.
1/14/1994
Last amended
9/15/2016.
3
Air Quality
Standards and
Increments
OAC 252:100-1
Air Pollution
This subchapter enumerates primary and
secondary ambient air quality standards and
increments above these standards which
constitute "significant deterioration."
5/26/1994
Effective date and last
amended data pertain to
the overall chapter Air
Pollution Control
Chapter, OAC 252.
Effective and amended
dates are not noted for
the subchapter.
4
Alternative
Emissions
Reduction Plans
and
Authorizations
OAC 252:100-11
Air Pollution
This subchapter allows sources to apply for a
means for reducing the total burden of
regulated air pollutants released into the
atmosphere alternative to the regulations set
forth by the Air Quality Division. It is
applicable to all air contaminant sources
located within the state except those
precluded by federal law or federal
regulation (e.g., PSD, NESHAP, or NSPS).
1/14/1994
Last amended 6/1/2003.
180
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Oklahoma Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
5
Incinerators
OAC 252:100-17
Air Pollution
The purpose of this subchapter is to specify
design and operating requirements, and
emission limitations for incinerators and
municipal waste combustors (MWC). It
regulates general purpose incinerators,
biomedical waste incinerators, municipal
waste combustors, hospital, medical, and
infections waste incinerators; commercial
and industrial solid waste incineration units;
and other solid waste incineration units.
6/25/1998
Many of the provisions
relating to commercial
and industrial solid
waste incineration units
were revoked on
9/12/14.
6
Control of
Emission of
Particulate Matter
OAC 252:100-19
Air Pollution
Defines generally prohibited emissions of
particulate matter and allowable particulate
matter emissions from different source
categories including fuel-burning units and
industrial processes.
1/14/1994
Several sections of this
regulation were revoked
and replaced with new
provisions on 6/1/2000.
7
Particulate Matter
Emissions From
Industrial and
Other Processes
and Operations
OAC 252:100-27
Air Pollution
Establishes process emission limitations,
exceptions to emission limitations, and
sampling and testing requirements for
particulate emissions from industrial
processes. Revoked/renumbered on
6/1/2000.
1/14/1994
All of the provisions of
this regulations were
either revoked or
amended and
renumbered to OAC
252:100-19 on 6/1/2000.
8
Control of
Emission of
Sulfur
Compounds
OAC 252:100-31
Air Pollution
Establishes sulfur compound ambient air
concentration limits or impacts for new and
existing equipment, sources, or facilities as
well as separate standards specific to new
and existing equipment.
1/14/1994
Some provisions of this
regulation were revoked
on 6/1/2002.
181
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Oklahoma Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
9
Control of
Emission of
Nitrogen Oxides
OAC 252:100-33
Air Pollution
Establishes nitrogen oxides emission limits
and performance testing requirements
(revoked) for new fuel-burning equipment
that both has a rated heat input of 50
MMBTU/hr. or greater and burns solid fossil
fuel, gaseous fuel, or liquid fuel, or a
combination thereof.
1/14/1994
The provision relating to
performance testing
requirements was
revoked on 6/1/2001.
10
Control of
Emission of
Carbon Monoxide
OAC 252:100-35
Air Pollution
Establishes carbon monoxide emission limits
and performance testing requirements
(revoked) for new and existing sources.
1/14/1994
The provision relating to
performance testing
requirements was
revoked on 6/1/2000.
11
Control of
Emission of
Volatile Organic
Compounds
OAC 252:100-37
Air Pollution
Establishes volatile organic compound
(VOC) control requirements for new and
existing sources in storage and loading
operations, coating operations, waste gas
disposal, fuel-burning and refuse-burning,
effluent water separators, and pumps and
compressors (revoked). Also established
permit-by-rule criteria.
1/14/1994
The provisions relating
to pumps and
compressors were
revoked on 7/1/2008.
12
Emission of
Volatile Organic
Compounds
(VOCs) in
Nonattainment
Areas and Former
Nonattainment
Areas
OAC 252:100-39
Air Pollution
Establishes volatile organic compound
(VOC) control requirements for new and
existing sources in of VOC in areas of
nonattainment or former nonattainment. Sets
forth standards specific to petroleum refinery
operations, petroleum processing and
storage, and miscellaneous other specific
operations.
1/14/1994
Last amended 7/1/2008.
182
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Oklahoma Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
13
Control of
Emission of
Hazardous Air
Pollutants and
Toxic Air
Contaminants
OAC 252:100-41
Air Pollution
Revoked on 6/15/2007.
1/14/1994
Last amended
6/15/2007.
14
Control of Toxic
Air Contaminants
OAC 252:100-42
Air Pollution
Sets forth limits of toxic air contaminants
emissions applicable to stationary sources
that emit toxic air contaminants.
8/11/2005
Last amended
6/15/2006.
15
Monitoring of
Emissions
OAC 252:100-42
Air Pollution
Revoked 6/1/2003.
1/14/1994
Last amended 6/1/2003.
16
Testing,
Monitoring, and
Recordkeeping
OAC 252:100-43
Air Pollution
Requires any testing, monitoring or
recordkeeping activity, including permits,
compliance, performance tests and
enforcement, conducted at any stationary
source to comply with the acceptable
methods set forth in this chapter.
1/14/1994
Last amended 6/1/2003.
17
Permits for Minor
Facilities
OAC 252:100-7
Air Pollution
This subchapter sets forth permit application
fees and the basic substantive requirements
for permits for minor facilities. Minor
facilities are facilities that are not a 40 CFR
Part 70 source.
1/14/1994
Last amended
9/15/2018.
183
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Oklahoma Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
18
Permits for Part
70 Sources and
Major New
Source Review
(NSR) Sources
OAC 252:100-8
Air Pollution
This subchapter sets forth permit application
fees and the substantive requirements for
permits for 40 CFR Part 70 sources.
Requires permits for construction and
installation and for operation of Part 70
sources. Sets forth separate requirements for
construction of any new major stationary
source or major modification located in or
which would affect a nonattainment area and
for prevention of significant deterioration for
attainment areas.
1/14/1994
Last amended
9/15/2017.
19
Excess Emission
Reporting
Requirements
OAC 252:100-9
Air Pollution
This subchapter sets forth requirements for
the reporting of excess emissions and
establishes mitigating factors for facility
owners and operators requesting relief in an
administrative penalty action brought by the
Department for periods of excess emissions.
It is applicable to owners and operators of all
air contaminant sources that are subject to
emission limitations, an enforceable permit,
an administrative order, or a judicial order.
1/14/1994
Last amended
9/15/2016.
184
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Oklahoma Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
20
Oklahoma
Liquefied
Petroleum Gas
Board
OAC 420:10
Air Pollution
Creates the Oklahoma Liquefied Petroleum
Gas Administration, which oversees
permitting programs for manufacture,
fabrication and assembly, and sale of
liquefied gas petroleum or appliances, or
transport of liquefied petroleum over
highways. Permits include storage and
installation standards, training schools,
minimum equipment standards, and
insurance requirements.
12/12/1991
Last amended
8/25/2016.
21
Emergency
Planning and
Community
Right-to-Know
OAC 242:20
Emergency
Planning and
Response
The rules in this chapter are to administer
and enforce the reporting requirements of
Title III of the Superfund Amendments and
Reauthorization Act of 1986 ("SARA Title
III") for emergency planning notification,
material safety data sheets, chemical lists,
emergency and hazardous chemical
inventory forms, and toxic chemical release
forms. Adopts by reference the federal
Emergency Planning and Notification
requirements (40 CFR Part 355), the federal
Hazardous Chemical Reporting: Community
Right-to-Know requirements (40 CFR Part
370), and the federal Toxic Chemical
Release Reporting: Community Right-to-
Know rules (40 CFR Part 372).
5/26/1994
Last amended
6/15/2006.
22
Oklahoma
Occupational
Health and Safety
Standards Act
Rules
OAC 380:40
Emergency
Planning and
Response
This rule adopts regulations and national
consensus standards, requirements for record
keeping and updating of equipment as
mandated by state law.
12/31/1991
Last amended
9/15/2018.
185
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Oklahoma Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
23
Oklahoma Hazard
Communication
Standard
OAC 380:45
Emergency
Planning and
Response
Set forth standards for hazard
communication in the workplace. Revoked
7/1/2010.
12/31/1991
Revoked 7/1/2010.
24
Underground
Storage Tanks
OAC 165:25
Hazardous
Substances
Management
This chapter provides a comprehensive
regulatory program for the safe operation of
underground storage tank systems in
Oklahoma to prevent and contain pollution
caused by leaking underground storage tank
systems and to reduce the hazards of fire and
explosion. This chapter applies to owners,
operators, their employees and agents of
underground storage tank systems.
7/1/2001
Last amended
8/27/2015.
25
Gas & Hazardous
Liquid Pipeline
Safety
OAC 165:20
Hazardous
Substances
Management
This Chapter provides minimum safety
standards for the transportation of gas and
hazardous liquids and for pipeline facilities
used for this transportation.
12/31/1991
Last amended
8/27/2015.
26
Corrective Action
of Petroleum
Storage Tank
Releases
OAC 165:29
Hazardous
Substances
Management
This chapter provides a comprehensive
program for the regulation of petroleum
storage tank systems in Oklahoma. It sets
forth specific requirements for corrective
action of releases including the investigation,
site assessment, cleanup, public notice, and
monitoring of systems.
6/26/2000
Last amended
10/1/2018.
27
Hazardous Waste
Management
OAC 242:200
Hazardous
Waste
Management
and Disposal
Set forth requirements for generators;
transporters; transfer stations; treatment,
storage, disposal, and recycling; and
injection wells. Also outlined tax credit and
waste reduction incentives and permit
procedures. Revoked 6/11/1999.
5/26/1994
Revoked 6/11/1999
186
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Oklahoma Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
28
Hazardous Waste
Management
OAC 242:205
Hazardous
Waste
Management
and Disposal
This regulation sets forth hazardous waste
management standards applicable to any
person who handles, transports, treats, stores,
recycles, and/or disposes of hazardous
wastes. Adopts by reference the federal
General Hazardous Waste Management
System rules (40 CFR Part 260), the federal
Identification and Listing of Hazardous
Waste rules (40 CFR Part 261), the federal
Standards Applicable to Generators of
Hazardous Waste (40 CFR Part 262), the
federal Standards Applicable to Generators
of Hazardous Waste (40 CFR Part 262), the
federal Standards Applicable to Transporters
of Hazardous (40 CFR Part 263), the federal
Standards for Owners and Operators of
Hazardous Waste (40 CFR Part 264), the
federal Interim Status Standards for Owners
and Operators of Hazardous Waste
Treatment, Storage, and Disposal Facilities
(40 CFR Part 265), the federal Standards for
the Management of Specific Hazardous
Wastes and Specific Types of Hazardous
Waste Management Facilities (40 CFR Part
266), the federal Land Disposal Restrictions
(40 CFR Part 268), the federal Hazardous
Waste Permit Program (40 CFR Part 270),
the federal Standards for Universal Waste
Management (40 CFR Part 273), and the
federal Standards for the Management of
Used Oil (40 CFR Part 279). Establishes
additional requirements for generators;
transporters; transfer stations; treatment,
storage, disposal, and recycling; and
injection wells. Also establishes a fee
schedule for permit applications, annual
11/2/1998
Last amended
9/15/2018.
187
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Oklahoma Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
facility monitoring, waste exclusion, and
more.
188
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Oklahoma Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
29
Oklahoma
Pollutant
Discharge
Elimination
System (OPDES)
Standards
OAC 252:606
Water
Pollution
This chapter sets the point source, biosolids
(sewage sludge), and storm water permitting
standards for discharges to the waters of the
State of Oklahoma. It applies to any person
or entity that land applies biosolids or
prepares it for firing in a biosolids (sewage
sludge) incinerator, in addition to those
facilities that discharge wastewater to waters
of the state. It adopts by reference substantial
sections or all of the National Pollutant
Discharge Elimination System (40 CFR Parts
122, 124, and 125), the federal Toxic
Pollutant Effluent Standards (40 CFR Part
129), the federal Effluent Guidelines and
Standards (40 CFR Parts 401-471), the
federal Reportable Quantities and
Notification (40 CFR Part 302), and the
federal Standards for the Use and Disposal of
Sewage Sludge (40 CFR Part 503).
6/11/2004
The sections relating to
biosolids permit
requirements (7/1/2009),
land application of
biosolids (7/1/2009),
fees for storm water
permits and other
general permits
(9/12/2014), and closure
and remediation
(7/1/2011) were revoked
on the date indicated in
parentheses.
30
General Water
Quality
OAC 252:610
Water
Pollution
Rules governed water quality certifications,
groundwater pollution control, nonpoint
source pollution control, planning and waste
load allocations, and natural resource
damage assessments. Revoked 6/1/2001.
5/26/1994
Revoked 6/1/2001
189
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Oklahoma Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
31
General Water
Quality
OAC 252:611
Water
Pollution
Sets forth general water quality rules to
protect, maintain and improve the quality of
waters of Oklahoma. These rules relate to
water quality certifications required for
federal permits for discharge into state
waters, groundwater pollution control, and
site and natural resource assessment. This
chapter adopts by reference the federal Water
Quality Planning and Management standards
(40 CFR Part 130).
6/1/2001
Last amended 7/1/2011.
32
Industrial
Wastewater
Systems
OAC 252:615
Water
Pollution
Established general provisions; permit
procedures; monitoring, reporting,
inspections and records requirements;
closure requirements and plans; and
enforcement related to industrial wastewater
systems. Revoked 6/12/2000.
5/26/1994
Revoked 6/12/2000.
33
Industrial
Wastewater
Systems
OAC 252:616
Water
Pollution
This chapter establishes requirements for
industrial surface impoundments, industrial
tank systems and land-application of
industrial sludge and wastewater. This
chapter does not apply to regulated
hazardous waste. This chapter applies to any
person who constructs or operates an
industrial surface impoundment system,
industrial tank system, and industrial land-
application sites.
6/12/2000
Last amended 7/1/2013.
34
Sludge and Land
Application of
Wastewater
OAC 252:647
Water
Pollution
Set forth standards for land application of
sewage sludge, land application of non-
industrial wastewater, land application of
industrial wastewater and sludge, and
permitting requirements. Revoked 6/1/2001.
5/26/1994
Revoked 6/1/2001.
190
-------
191
-------
Table F. Pennsylvania: State Environmental Regulations Relevant to Petroleum Refineries and Coal Products Manufacturing
Facilities
Pennsylvania Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
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
192
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Pennsylvania Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
5
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.
193
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Pennsylvania Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
9
Administration of
the Storage Tank
and Spill
Prevention
Program
25 Pa. Code 245
Hazardous
Substances
Management
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.
194
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Pennsylvania Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
12
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.
195
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Pennsylvania Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
15
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.
18
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.
196
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Citation
Focus
Overview
Effective
Date
Notes
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.
197
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Date
Notes
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.
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.
198
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Pennsylvania Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
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Date
Notes
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.
199
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Table G. Texas: State Environmental Regulations Relevant to Petroleum Refineries and Coal Products Manufacturing
Facilities
Texas Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
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.
200
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Texas Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
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
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.
201
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Texas Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
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Focus
Overview
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Date
Notes
6
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
Substances
Management
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.
8
Toxic Pollutant
Effluent
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.
202
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Standards and
Prohibitions
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.
203
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Texas Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
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Date
Notes
12
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.
204
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Texas Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
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Date
Notes
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.
205
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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.
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
206
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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
207
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Texas Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
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Date
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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
208
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Table H. Utah: State Environmental Regulations Relevant to Petroleum Refineries and Coal Products Manufacturing
Facilities
Utah Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
1
General
Requirements:
Broadly
Applicable
Requirements
R307-102
Air Pollution
Defines air pollutant emissions levels above
which emissions are prohibited. Requires
the owner or operator of any stationary air
pollutant source in Utah to furnish the
director with periodic reports and any other
information as the director may deem
necessary to determine whether the source is
following Utah and Federal regulations and
standards. One section of this regulation has
been reversed and the text outlining the
emission limits has been removed from the
online administrative code, though it has not
been marked as reversed or reserved.
N/A
Last amended
12/15/2015.
2
General
Requirements:
Breakdowns
R307-107
Air Pollution
Requires the owner or operator of a source of
air contaminants to report breakdowns to the
director of the Division of Air Quality within
24 hours of the incidents and a detailed
written description of the incident to be
submitted within 14 days of the incident.
"Breakdown" means any malfunction or
procedural error which will result in the
inoperability or sudden loss of performance
of the control equipment or process
equipment causing emissions in excess of
those allowed by applicable regulations.
N/A
Last amended
7/31/2012.
209
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Utah Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
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Regulation
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Focus
Overview
Effective
Date
Notes
3
General
Requirements:
State
Implementation
Plan
R307-110
Air Pollution
Establishes a State Implementation Plan to
meet the federal Requirements for
Preparation, Adoption, and Submittal of
State Implementation Plans (40 CFR Part
51). This regulation incorporates by
reference the Utah State Implementation
Plan, including sections pertaining to the
Ambient Air Monitoring Program,
Prevention of Significant Deterioration,
Control Measures for Area and Point
Sources, Comprehensive Emission
Inventory, and more.
N/A
Last amended 6/7/2018.
4
General
Requirements:
Tax Exemption
for Air Pollution
Control
Equipment
R307-120
Air Pollution
Outlines the criteria and process for pollution
control equipment to receive certification for
tax exemption purposes.
N/A
Last amended
3/15/2005.
5
General Penalty
Policy
R307-130
Air Pollution
This policy provides guidance to the director
in negotiating with air pollution sources
penalties for consent agreements to resolve
non-compliance situations.
N/A
Last amended
7/13/2007.
210
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Utah Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
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Regulation
Citation
Focus
Overview
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Date
Notes
6
Emission
Inventories
R307-150
Air Pollution
This regulation requires sources of air
pollutants to submit emissions inventories
annually and establishes the time frame,
pollutants, and information that sources must
include in inventory submittals. It also
establishes consistent reporting requirements
for stationary sources in Utah to determine
whether sulfur dioxide emissions remain
below the sulfur dioxide milestones
established in the State Implementation Plan
for Regional Haze.
N/A
Last amended 3/5/2018.
7
Emission Testing
R307-165
Air Pollution
Requires emissions testing once every five
years for all sources with established
emission limitations specified in approval
orders issued under R307-401. In addition, if
the director of the Division of Air Quality
has reason to believe that an applicable
emission limitation is being exceeded, the
director may require the owner or operator to
perform such emission testing as is necessary
to determine actual compliance status.
N/A
Last amended 9/2/2005.
8
Continuous
Emission
Monitoring
Program
R307-170
Air Pollution
The purpose of this rule is to establish
consistent requirements for all sources
required to install a continuous monitoring
system (CMS) and for sources who opt into
the continuous emissions monitoring
program. These requirements are consistent
with the monitoring requirements set for in
40 CFRPart 60 (Standards of Performance
for New Stationary Sources).
N/A
Last amended 2/8/2008.
211
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Utah Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
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9
Emission
Standards:
General Emission
Standards
R307-201
Air Pollution
R307-201 establishes emission standards for
all areas of the state except for sources listed
in section IX, Part H of the state
implementation plan or located in a PM10
nonattainment or maintenance area.
N/A
Last amended
12/15/2015.
10
Emission
Standards: Sulfur
Content of Fuels
R307-203
Air Pollution
Asserts that any coal, oil, or mixture thereof,
burned in any fuel burning or process
installation not covered by New Source
Performance Standards for sulfur emissions
shall contain no more than 1.0 pound sulfur
per million gross BTU heat input for any
mixture of coal nor .85 pounds sulfur per
million gross BTU heat input for any oil.
These standards apply for commercial and
industrial sources. Separate standards are set
forth for residential coal use.
N/A
Last amended
9/15/1998.
11
Emission
Standards:
Fugitive
Emissions and
Fugitive Dust
R307-205
Air Pollution
R307-205 establishes minimum work
practices and emission standards for sources
of fugitive emissions and fugitive dust for
sources located in all areas in the state except
those listed in section IX, Part H of the state
implementation plan or located in a PM10
nonattainment or maintenance area.
N/A
Last amended 7/7/2005.
12
Standards of
Performance for
New Stationary
Sources
R307-210
Air Pollution
The federal Standards of Performance for
New Stationary Sources (40 CFR Part 60)
except for Subparts Cb, Cc, Cd, Ce, BBBB,
DDDD, and HHHH are adopted by
references.
N/A
Last amended
5/23/2018.
212
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Utah Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
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13
National Emission
Standards for
Hazardous Air
Pollutants
R307-214
Air Pollution
Adopts the National Emission Standards for
Hazardous Air Pollutants (40 CFR Part 61)
and the National Emission Standards for
Hazardous Air Pollutants for Source
Categories (40 CFR Part 63) by reference.
N/A
Last amended
5/23/2018.
14
Western Backstop
Sulfur Dioxide
Trading Program
R307-250
Air Pollution
This rule implements the Western Backstop
(WEB) Sulfur Dioxide Trading Program
provisions in accordance with the federal
Regional Haze Rule (40 CFR 51.309). This
includes setting forth rules for registration,
allowance allocation; monitoring,
recordkeeping, and reporting; compliance;
and other rules for the sulfur dioxide trading
program.
N/A
Last amended
11/10/2008.
15
Nonattainment
and Maintenance
Areas for PM10:
Emission
Standards
R307-305
Air Pollution
This rule establishes emission standards and
work practices for air pollution sources
located in PM10 nonattainment and
maintenance. Rules relate to visible
emissions, particulate emission limitations
and operating parameters (PM10), and
compliance testing (PM10).
N/A
Last amended
12/15/2015.
16
Nonattainment
and Maintenance
Areas for PM10
andPM2.5:
Fugitive
Emissions and
Fugitive Dust
R307-309
Air Pollution
This rule establishes minimum work
practices and emission standards for sources
of fugitive emissions and fugitive dust
applicable to all new or existing sources of
fugitive dust one-quarter acre or greater and
any sources of fugitive emissions located in
PM10 or PM2.5 nonattainment or
maintenance plan areas.
N/A
Last amended 8/4/2017.
213
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17
Ozone
Nonattainment
and Maintenance
Areas: General
Requirements
R307-325
Air Pollution
This regulation establishes the following
general requirement for control of volatile
organic compounds (VOCs) in any
nonattainment or maintenance area: No
person shall allow or cause VOCs to be
spilled, discarded, stored in open containers,
or handled in any other manner that would
result in greater evaporation of VOCs than
would have if reasonably available control
technology (RACT) had been applied.
N/A
Last amended 3/9/2007.
18
Ozone
Nonattainment
and Maintenance
Areas: Control of
Hydrocarbon
Emissions in
Petroleum
Refineries
R307-326
Air Pollution
This regulation sets forth Reasonably
Available Control Technology requirements
for the control of hydrocarbon emissions
from petroleum refineries that are located in
ozone nonattainment and maintenance areas.
The rule is based on federal control
technique guidance documents. Its
provisions relate to vacuum producing
systems, wastewater (oil/water) systems,
process unit turnaround, catalytic cracking
units, safety pressure relief valves,
monitoring of leaks from equipment,
alternate methods of control, and a
compliance schedule.
N/A
Last amended 3/9/2007.
214
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19
Ozone
Nonattainment
and Maintenance
Areas: Petroleum
Liquid Storage
R307-327
Air Pollution
R307-327 establishes Reasonably Available
Control Technology (RACT) for petroleum
refineries and petroleum liquid storage
facilities that are located in any ozone
nonattainment or maintenance area. The rule
is based on federal control technique
guidance documents. Sets forth general
requirements and rules related to installation
and maintenance, retrofits for floating roof
tanks, alternate methods of control, and a
compliance schedule.
N/A
Last amended 3/9/2007.
20
Volatile Organic
Chemical (VOC)
Control Standards
for Source
Categories
R307-342 -
R307-361
Air Pollution
These rules set forth standards for sources of
air contaminants by source type aimed at
reducing volatile organic compound (VOC)
emissions. Regulated source types include,
but are not limited to, adhesives and sealants,
fabric and vinyl coatings, large appliance
surface coatings, plastic parts coatings, and
consumer products.
N/A
Last amended
12/6/2017.
21
Permit: New and
Modified Sources
R307-401
Air Pollution
This rule establishes the application and
permitting requirements for new installations
and modifications to existing installations
throughout the State of Utah. It is applicable
to a person intending to construct, modify, or
relocate an installation which will or might
reasonably be excepted to become a source
or an indirect source of air pollution.
N/A
Last amended 3/5/2018.
215
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Permits: New and
Modified Sources
in Nonattainment
Areas and
Maintenance
Areas
R307-403
Air Pollution
This rule implements the federal
nonattainment area permitting program for
major sources as required by 40 CFR 51.165.
In addition, the rule contains new source
review provisions for some non-major
sources inPMlO nonattainment areas.
N/A
Last amended 8/2/2018.
23
Permits: Major
Sources in
Attainment or
Unclassified
Areas (PSD)
R307-405
Air Pollution
This rule implements the federal Prevention
of Significant Deterioration (PSD) permitting
program for major sources and major
modifications in attainment areas and
maintenance areas as required by 40 CFR
51.166.
N/A
Last amended 2/4/2016.
24
Permits:
Emissions Impact
Analysis
R307-410
Air Pollution
This regulation establishes the procedures
and requirements for evaluating the
emissions impact of new or modified sources
that require an approval order under this
chapter to ensure that the source will not
interfere with the attainment or maintenance
of any National Ambient Air Quality
Standards. The rule also establishes the
procedures and requirements for evaluating
the emissions impact of hazardous air
pollutants. The rule also establishes the
procedures for establishing an emission rate
based on the good engineering practice stack
height as required by 40 CFR 51.118.
N/A
Last amended
12/15/2015.
216
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Permits:
Emissions Impact
Analysis
R307-410
Air Pollution
This rule establishes the procedures and
requirements for evaluating the emissions
impact of new or modified sources that
require an approval order under R307-401 to
ensure that the source will not interfere with
the attainment or maintenance of any
NAAQS. The rule also establishes the
procedures and requirements for evaluating
the emissions impact of hazardous air
pollutants. The rule also establishes the
procedures for establishing an emission rate
based on the good engineering practice stack
height as required by 40 CFR 51.118.
N/A
Last amended
12/15/2015.
26
Permits: Fees for
Approval Orders
R307-414
Air Pollution
This regulations requires the owner and
operator of each new major source or major
modification to pay a fee to the Department
sufficient to cover the reasonable costs of
reviewing and acting upon the notice of
intent required pursuant to R307-401 for
each new major source or major modification
and implementing and enforcing
requirements placed on such source by any
approval order issued pursuant to such notice
(not including any court costs associated
with any enforcement action).
N/A
Last amended
12/7/2000.
27
Permits:
Operating Permit
Requirements
R307-415
Air Pollution
Implements a State Operating Permit
Program according to 40 CFR Part 70.
N/A
Last amended 2/4/2016.
217
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Permits: Ozone
Offset
Requirements in
Davis and Salt
Lake Counties
R307-420
Air Pollution
R307-420 is to maintains the offset
provisions of the nonattainment area new
source review permitting program in Salt
Lake and Davis Counties after the area is re-
designated to attainment for ozone. Further
establishes more stringent offset
requirements for nitrogen oxides that may be
triggered as a contingency measure under the
ozone maintenance plan.
N/A
Last amended 7/1/2013.
29
Permits: PM10
Offset
Requirements in
Salt Lake County
and Utah County
R307-421
Air Pollution
R307-421 requires emission reductions from
existing sources to offset emission increases
from new or modified sources of PM10
precursors in Salt Lake and Utah Counties. It
applies to new or modified sources of sulfur
dioxide or oxides of nitrogen that are in or
impact Salt Lake County or Utah County.
N/A
Last amended 7/5/2005.
30
Occupational
Safety and Health
General
Provisions
R614-1
Emergency
Planning and
Response
These rules consist of the administrative
procedures of the Utah Occupational Safety
and Health Division, incorporating by
reference applicable federal standards from
29 CFR 1904, 1908, 1910 and 1926. They
include rules related to personal protective
equipment; access to employee exposure and
medical records; recording and reporting of
occupational injuries and illnesses; and
inspections, citations, and proposed
penalties.
N/A
Last amended
12/27/2017.
218
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31
Occupational
Safety and Health
Hazardous
Materials
R614-4
Emergency
Planning and
Response
This rule sets forth occupational safety and
health standards related to hazardous
materials in the workplace. It establishes
standards by hazardous material type,
specifically addressing explosive materials;
blasting agents; ammonium nitrate; and
slurry, water gel and emulsions.
N/A
Last amended
12/2/1997.
32
Underground
Storage Tank
Rules
R311-200 -
R311-208
Hazardous
Substances
Management
R311-200 through R311-208 outline
standards for Underground Storage Tanks
(USTs). The rules address UST certification
programs and UST operator training,
technical standards, closure and remediation,
site assessment protocol, certificate of
compliance and financial assurance
mechanisms, a petroleum storage tank trust
fund for leaking petroleum storage tanks, and
UST penalty guidance. Incorporates the
federal UST regulations by reference (40
CFR Part 280).
N/A
Last amended 1/1/2017.
33
Corrective Action
Cleanup
Standards Policy -
UST and
CERCLA Sites
R311-211
Hazardous
Substances
Management
This rule establishes a process to govern
corrective action cleanup at underground
storage tank and CERCLA sites.
N/A
Last amended
5/15/2006.
219
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Cleanup Action
and Risk-Based
Closure Standards
R315-101
Hazardous
Substances
Management
R315-101 establishes information
requirements to support risk-based cleanup
and closure standards at sites for which
remediation or removal of hazardous
constituents to background levels will not be
achieved. The procedures in this rule also
provide for continued management of sites
for which minimal risk-based standards
cannot be met. It is applicable to any
responsible party involved in management of
a site contaminated with hazardous waste or
hazardous constituents.
N/A
Last amended
4/25/2013.
35
Commercial
Hazardous Waste
Facility Siting
Criteria
R315-103
Hazardous
Substances
Management
Rule R315-103 establishes commercial
hazardous waste facility siting criteria
including requirements related to land use
compatibility and location and emergency
response and transportation safety, applies to
all permit applications for commercial
hazardous waste treatment, storage, and
disposal facilities.
N/A
Last amended
4/15/2016.
36
Standards for the
Management of
Used Oil
R315-15
Hazardous
Substances
Management
Establishes standards for the management of
used oil. Sets forth specific standards for
used oil generators, collection centers and
aggregation points, transporter and transfer
facilities, processors and re-refiners, burners
who burn used oil for energy recovery, and
used oil fuel marketers. Includes standards
for the disposal of used oil and rules relating
to emergency controls, financial
requirements and assurance, cleanup and
closure, registration and permitting of used
oil handlers, and permits.
N/A
Last amended
4/19/2018.
220
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Hazardous Waste
Management
System
R315-260
Hazardous
Substances
Management
Rule R315-260 provides definitions of terms,
general standards, and overview information
applicable to Rules R315-260 through 265
and 268.
N/A
Last amended
8/31/2017.
38
General
Requirements ~
Identification and
Listing of
Hazardous Waste
R315-261
Hazardous
Waste
Management
and Disposal
This rule identifies those solid wastes which
are subject to regulation as hazardous wastes
under Rules R315-262 through 265, 268,
270, and 124 and which are subject to the
notification requirements of these rules. It
also establishes special management
requirements for hazardous waste produced
by very small quantity generators and
hazardous waste which is recycled.
N/A
Last amended
8/31/2017.
39
Hazardous Waste
Generator
Requirements
R315-262
Hazardous
Waste
Management
and Disposal
Establishes standards for generators of
hazardous waste. Separately sets forth
standards applicable to small and large
quantity generators; exports of hazardous
waste; transboundary movements of
hazardous waste for recovery or disposal;
laboratories owned by eligible academic
entities; large quantity generators; and
episodic generators.
N/A
Last amended
8/31/2017.
221
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40
Standards
Applicable to
Transporters of
Hazardous Waste
and Standards
Applicable to
Emergency
Control of Spills
for All Hazardous
Waste Handlers.
R315-263
Hazardous
Waste
Management
and Disposal
Sets forth standards applicable to
transporters of hazardous waste and to all
handlers of hazardous waste or material that
when spilled may become a hazardous waste.
These standards relate to EPA identification
numbers, transfer facility requirements, the
manifest system, compliance with the
manifest, recordkeeping, electronic manifest
signatures, immediate action, spill clean-up,
emergency control variance, and reporting.
N/A
Last amended
8/31/2017.
41
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities.
R315-264
Hazardous
Waste
Management
and Disposal
Establish minimum State of Utah standards
which define the acceptable management of
hazardous waste. The standards in Rule
R315-264 apply to owners and operators of
all facilities which treat, store, or dispose of
hazardous waste, except as specifically
provided otherwise.
N/A
Last amended
8/31/2017.
42
Interim Status
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities.
R315-265
Hazardous
Waste
Management
and Disposal
Adopts by reference the federal Interim
Status Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, and
Disposal Facilities
N/A
Last amended
8/31/2017.
222
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Standards for the
Management of
Specific
Hazardous Wastes
and Specific
Types of
Hazardous Waste
Management
Facilities.
R315-266
Hazardous
Waste
Management
and Disposal
Sets forth standards specific to: recyclable
material used in a manner constituting
disposal, recyclable materials used for
precious metal recovery, spent lead-acid
batteries being reclaimed, hazardous waste
burned in boilers and industrial furnaces, and
military munitions.
N/A
Last amended
8/31/2017.
44
Land Disposal
Restrictions
R315-268
Hazardous
Waste
Management
and Disposal
Rule R315-268 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.
N/A
Last amended
8/31/2017.
45
Hazardous Waste
Permit Program
R315-270
Hazardous
Waste
Management
and Disposal
Requires a hazardous waste permit for any
person intending to own, construct, modify,
or operate any facility for the purpose of
treating, storing, or disposing of hazardous
waste. Sets forth the requirements for and
administration of hazardous waste permits.
N/A
Last amended
8/31/2017.
46
Standards for
Universal Waste
Management
R315-273
Hazardous
Waste
Management
and Disposal
Establishes requirements for managing
batteries, pesticides, mercury-containing
equipment, lamps, antifreeze, and aerosol
and standards for small quantity handlers of
universal waste, large quantity handlers of
universal waste, universal waste transporters,
and destination facilities.
N/A
Last amended
8/31/2017.
223
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Coal Combustion
Residuals
Requirements
R315-319
Hazardous
Waste
Management
and Disposal
Establishes standards for managing coal
combustion residuals. These standards are
applicable to owners and operators of new
and existing coal combustion residual units.
The standards include design criteria,
operating criteria, groundwater monitoring
and corrective action rules, closure and post-
closure care, and recordkeeping and
notification requirements for CCR units,
landfills and surface impoundment.
N/A
Last amended 9/1/2016.
48
Definitions and
General
Requirements
R317-1
Water
Pollution
Establishes general requirements for the
rules in Water Quality Title R317. These
include Total Maximum Daily Loads
(TMDLs) and rules governing use of
industrial wastewaters, disposal of domestic
wastewater treatment works sludge, and
requirements for waste dischargers.
N/A
Last amended
5/24/2018.
49
Certification of
Wastewater
Works Operators
R317-10
Water
Pollution
These certification rules apply to all
wastewater treatment works and sewerage
systems. This includes both wastewater
collection systems and wastewater treatment
systems except underground wastewater
disposal systems. Wastewater works
operated by political subdivisions must
employ certified operators as required in this
rule. Operators of wastewater systems not
requiring certified operators, such as
industrial wastewater treatment systems, may
be certified according to provisions of these
rules for testing and certification.
N/A
Last amended
1/24/2018.
224
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Standards of
Quality for
Waters of the
State
R317-2
Water
Pollution
Establishes water quality criteria applicable
to all waters of the state. These rules relate to
water quality standards, mixing zones, use
designations, protection of downstream use,
and other water classifications.
N/A
Last amended 7/2/2018.
51
Design
Requirements for
Wastewater
Collection,
Treatment and
Disposal Systems
R317-3
Water
Pollution
Sets forth standards forth wastewater
collection, treatment, and disposal projects
applicable to communities, sewerage
agencies, industries, and federal or state
agencies and to the construction, installation,
modification, or operation of any treatment
works. These standards include rules for
sludge processing and disposal and for use,
land application and alternate methods for
disposal of treated wastewater effluents.
N/A
Last amended
9/24/2013.
52
Onsite
Wastewater
Systems
R317-4
Water
Pollution
This regulation sets forth rules applicable to
onsite wastewater systems. They establish
general standards and prohibitions and
requirements for plan review and permitting,
design, construction and installation, final
inspections, and operation and maintenance
of systems.
N/A
Last amended 1/1/2016.
53
Rules for Liquid
Waste Operations
R317-550
Water
Pollution
Requires permits and creates a permitting
system for the collection, storage,
transportation, and disposal of all liquid
wastes. This includes, but is not limited to,
the cleaning out of septic tanks, wastewater
holding tanks, chemical toilets, and vault
privies.
N/A
Last amended
7/30/2014.
225
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Ground Water
Quality Protection
R317-6
Water
Pollution
R317-6 establishes general ground water
quality standards and creates criteria for
ground water classification, ground water
class protection levels, and ground water
classification for aquifers. Finally, it
provides for implementation of these
classification and standards, including a
permitting system.
N/A
Last amended
10/24/2013.
55
Underground
Injection Control
(UIC) Program
R317-7
Water
Pollution
Regulates underground injection wells.
Provides for the classification of injection
wells, creates a permitting system for new
and existing wells, sets forth technical
requirements for different classes of injection
wells, and establishes hazardous waste
injection restrictions. Adopts by reference
significant portions of 40 CFR Part 144, 146
and 148.
N/A
Last amended
9/24/2013.
56
Utah Pollutant
Discharge
Elimination
System (UPDES)
R317-8
Water
Pollution
The UPDES program requires permits for the
discharge of pollutants from any point source
into waters of the State. This regulation
creates the UPDES permit program including
its conditions, procedures, criteria and
standards.
N/A
Last amended 7/1/2013.
226
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Table I. Virginia: State Environmental Regulations Relevant to Petroleum Refineries and Coal Products Manufacturing
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Virginia Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
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Regulation
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Notes
1
Ambient Air
Quality Standards
9VAC5-30-10
Air Pollution
Ambient air quality standards are required to
assure that ambient concentrations of air
pollutants are consistent with established
criteria and shall serve as the basis for
effective and reasonable management of the
air resources of the Commonwealth of
Virginia.
Primary ambient air quality standards define
levels of air quality which, allowing an
adequate margin of safety, are necessary to
protect the public health. Secondary ambient
air quality standards define more stringent
levels of air quality which are necessary to
protect the public welfare from any known or
anticipated adverse effects associated with
the presence of air pollutants in the ambient
air. At such time as additional pertinent
information becomes available with respect
to applicable air quality criteria, such
information will be considered and the
ambient air quality standards will be revised
accordingly.
1/1/1985
Last amended 9/8/2004.
227
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2
Emission
Standards for
Petroleum Liquid
Storage and
Transfer
Operations
9VAC5-40
Air Pollution
Establishes emissions standards and testing,
monitoring, and notification requirements for
petroleum liquid storage and transfer
operations. Standards for visible emissions,
fugitive dust emissions, odors, and toxic
pollutants. Standards also include guidelines
for control technologies.
7/1/1991
Last amended 8/1/2002.
3
Designated
Emission
Standards
9VAC5-60-100
Air Pollution
Adopts 40 CFR 63
12/1/1995
Last amended
2/22/2017.
4
Maximum
Achievable
Control
Technology
(MACT)
Determinations
for Affected
Sources Subject
to Case-By-Case
Determination of
Equivalent
Emission
Limitations.
9VAC5-60-170
Air Pollution
The board will determine whether the Part 1
and Part 2 MACT application is complete or
an application for a MNSR permit is
approvable. In either case, when the
application is complete or approvable, the
board will establish hazardous air pollutant
emissions limitations equivalent to the
limitations that would apply if an emission
standard had been issued in a timely manner
under § 112(d) or (h) of the federal Clean Air
Act.
1/1/2001
Last amended
12/1/2002.
228
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5
Hazardous Air
Pollutant Sources
9VAC5-60-60
Air Pollution
The Environmental Protection Agency
(EPA) Regulations on National Emission
Standards for Hazardous Air Pollutants
(NESHAP), as promulgated in 40 CFR Part
61 and designated in 9VAC5-60-70 are,
unless indicated otherwise, incorporated by
reference into the regulations of the board as
amended by the word or phrase substitutions
given in 9VAC5-60-80. The complete text of
the subparts in 9VAC5-60-70 incorporated
herein by reference is contained in 40 CFR
Part 61. The 40 CFR section numbers
appearing under each subpart in 9VAC5-60-
70 identify the specific provisions of the
subpart incorporated by reference. The
specific version of the provision adopted by
reference shall be that contained in the CFR
(2017) in effect July 1, 2017. In referring to
the Code of Federal Regulations, 40 CFR
Part 61 means Part 61 of Title 40 of the Code
of Federal Regulations; 40 CFR 61.01 means
61.01 in Part 61 of Title 40 of the Code of
Federal Regulations.
4/1/1988
Last amended
2/21/2018.
229
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6
Federal
Hazardous Air
Pollutant Program
9VAC5-60-92
Air Pollution
The Environmental Protection Agency
(EPA) Hazardous Air Pollutant Program as
promulgated in § 112 of the federal Clean
Air Act is incorporated by reference into the
regulations of the board to the extent that the
provisions of 40 CFR Part 63 are
incorporated by reference into this article.
The following provisions govern
implementation of the federal Hazardous Air
Pollutant Program.
1. For the purposes of the federal Hazardous
Air Pollutant Program, a hazardous air
pollutant is any air pollutant listed in §
112(b) of the federal Clean Air Act, as
amended by Subpart C of 40 CFR Part 63.
The specific version of Subpart C adopted by
reference shall be that contained in the CFR
specified in 9VAC5-60-90.
2. For the purposes of the federal Hazardous
Air Pollutant Program, the source category
schedule for standards is the schedule issued
pursuant to § 112(e) of the federal Clean Air
Act for promulgating the standards issued
pursuant to § 112(d) of the federal Clean Air
Act and promulgated in 40 CFR Part 63. The
specific schedule adopted by reference shall
be that promulgated on February 12, 2002
(67 FR 6521).
12/12/2007
Last amended N/A.
230
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7
Federal Identical
General Industry
Standards
16VAC25-90-
1910
Emergency
Planning and
Response
The following General Industry Standards
(29 CFR 1910.5 et seq.) are applicable in the
Commonwealth of Virginia.
The regulations which have been published
in the Virginia Register of Regulations are
shown with the corresponding VR numbers
on the table below. The 29 CFR 1910
sections which appear on the table below
without VR numbers were mass adopted by
the Safety and Health Codes Board in 1977.
1977
Last amended N/A.
8
Virginia
Hazardous Waste
Management
Regulations
9VAC20-60-260
Emergency
Planning and
Response
Adopts 40 CFR 260 except:
10. Sections 40 CFR 260.2, 40 CFR 260.20,
40 CFR 260.21, 40 CFR 260.22, and 40 CFR
260.23 are not included in the incorporation
of 40 CFR Part 260 by reference and are not
a part of the Virginia Hazardous Waste
Management Regulations.
11. Appendix I to 40 CFR Part 260 is not
incorporated by reference and is not a part of
the Virginia Hazardous Waste Management
Regulations.
1/1/1988
Last amended 4/8/2018.
231
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Adopts 40 CFR 266 with following
additions:
1. In addition to the requirements of Subpart
C of 40 CFR Part 266, those who generate or
transport recyclable materials or those who
own or operate facilities that use or store
recyclable materials are also subject to
applicable requirements of Parts IV
(9VAC20-60-305 et seq.), VII (9VAC20-60-
420 et seq.), and XII (9VAC20-60-1260 et
seq.) of these regulations if the materials are
used in a manner constituting disposal.
9
Virginia
Hazardous Waste
Management
Regulations
9VAC20-60-266
Emergency
Planning and
Response
2. In addition to the requirements of Subpart
C of 40 CFR Part 266, those who generate or
transport recyclable materials or those who
own or operate facilities that use or store
recyclable materials are also subject to
applicable requirements of Parts IV, VII and
XII of these regulations if the recyclable
materials are for precious metals recovery.
2/17/1999
Last amended
3/13/2002.
10
Virginia
Hazardous Waste
Management
Regulations
9VAC20-60-270
Emergency
Planning and
Response
Adopts 40 CFR 270 except: subject to state
fees for permits, and no permits for
underground injection of hazardous waste
instead of the federal regulation stipulations.
1/1/1998
Last amended 4/8/2018.
11
Virginia
Hazardous Waste
Management
Regulations
9VAC20-60-279
Emergency
Planning and
Response
Adopts 40 CFR 279
2/17/1999
Last amended N/A.
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Tank Vessel Oil
Discharge
Contingency Plan
and Financial
Responsibility
Regulation
9VAC25-101
Emergency
Planning and
Response
Requires development of contingency plans
by operators of tank vessels transporting or
transferring oil as cargo upon Virginia state
waters. Contingency plans must address
concerns for the effect of oil discharges on
the environment as well as considerations of
public health and safety. Operators must also
demonstrate financial responsibility.
6/24/1998
Last amended
11/3/2004.
13
State Air
Pollution Control
Board General
Provisions
9VAC5-20-21
Emergency
Planning and
Response
Adopts 40 CFR Parts 50, 60, 61, 63, 75
10/15/1996
Last amended
2/19/2018.
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14
Emergency
Planning and
Community
Right-to-Know
Act (EPCRA)
SARA Title III
Emergency
Planning and
Response
EPCRA required the establishment of State
Emergency Response Council (SERC) and
granted certain responsibilities and
authorities to the state and local
governments. This act was promulgated
without the usual incentive of massive
federal funding 4eaving the burden of
implementation to state and local
governments.
The Virginia SERC - Virginia Emergency
Response Council (VERC) was created in
1987 [Commonwealth of Virginia,
Emergency Services and Disaster Laws,
Chapter 3.5 - Virginia Hazardous Materials
Emergency Response Program - Code of
Virginia, Section 44-146.40, Virginia
Emergency Response Council created;
membership; responsibilities.]
The VERC was established as a policy, rule-
making body, while Virginia Department of
Environmental Quality (Virginia DEQ)
received state funding to administer a
majority of the day to day activities of SARA
Title III program. In accordance with the
federal laws, as its first responsibility, the
VERC established and appointed members to
106 Local Emergency Planning Committees
(LEPCs) in Virginia. The formation of
VERC also designated the Virginia Dept. of
Emergency Management (Virginia DEM) to
serve as the contact for facility
immediate/emergency notification in the
event of a release, spill, etc. The VDEM also
serves as the lead agency in facilitating
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communication among LEPCs and providing
LEPCs with technical assistance.
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Regulations
Governing the
Transportation of
Hazardous
Materials
9VAC20-110
Hazardous
Substances
Management
Establishes regulations for the transportation
of hazardous materials, including a
requirement to register with the Virginia
Waste Management Board and notify
Virginia Waste Management Board prior to
each shipment of radioactive materials.
11/12/1986
Last amended 5/3/2017.
16
Petroleum
Underground
Storage Tank
Financial
Responsibility
Requirements
9VAC25-590
Hazardous
Substances
Management
Establishes financial responsibility
requirements for petroleum underground
storage tank owners and operators. Requires
owners and operators of petroleum
underground storage tanks to acquire
financial assurance through insurance, surety
bond, letter of credit, certificate of deposit, or
trust fund.
5/9/1990
Last amended 1/1/2018.
17
Hazardous Waste
Facility Siting
Criteria
9VAC20-50-70
Hazardous
Waste
Management
and Disposal
The goal of the board and this chapter is to
protect the public health, quality of life and
environment of the Commonwealth in
Virginia from the improper siting of
hazardous waste treatment, storage or
disposal facilities. In achieving this goal, the
board has determined that hazardous waste
treatment, storage and disposal facilities
should not be placed in certain specific
locations of the state because of the
environmentally sensitive nature of such
locations and increased risk to health and
environment by the placement of a hazardous
waste facility in such locations. The criteria
listed below, and others as required by the
board must be evaluated in the applicant's
impact analysis.
4/30/1986
Last amended
7/13/2005.
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Virginia
Hazardous Waste
Management
Regulations
9VAC20-60-261
Hazardous
Waste
Management
and Disposal
Adopts 40 CFR 261
2/17/1999
Last amended 4/8/2018.
19
Virginia
Hazardous Waste
Management
Regulations,
Section 262
9VAC20-60-262
Hazardous
Waste
Management
and Disposal
Adopts RCRA Standards Applicable to
Generators of Hazardous Waste and adds
requirement to comply with Virginia
Regulations Governing the Transportation of
Hazardous Waste Materials for generators of
hazardous waste. Also requires large
generators of hazardous waste to pay an
annual fee.
2/17/1999
Last amended 4/8/2018.
20
Virginia
Hazardous Waste
Management
Regulations
9VAC20-60-263
Hazardous
Waste
Management
and Disposal
Adopts 40 CFR 263
2/17/1999
Last amended 4/8/2018.
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21
Virginia
Hazardous Waste
Management
Regulations, Part
264 and 265
9VAC20-60-264
and 9VAC20-60-
265
Hazardous
Waste
Management
and Disposal
Adopts RCRA Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities, and adds
requirement that owner or operator of facility
must prepare a detailed post-closure cost-
estimate for facility. Also requires facilities
to notify the Virginia Waste Management
Board when the facility will receive waste
from a foreign source, to notify off-site
generators that the facility has the
appropriate permits prior to the receipt of
waste, to notify new owner of facility of
notification requirements prior to transfer of
facility, and to notify the National Response
Center and local authorities upon the release
of a hazardous substance from the facility.
When addressing closure and post-closure
care objectives, requires owners and
operators to consider the type and amount of
hazardous waste, the mobility and expected
migration of the hazardous waste, the site
location, the climate, the cover over any
storage feature, and the geologic profile.
Requires owners and operators to maintain
the function and integrity of the final cover
as specified in the closure plan, maintain and
monitor the leachate collection, removal, and
treatment system, maintain and monitor the
landfill gas collection and control system,
protect and maintain any surveyed
benchmarks, and restrict use of the landfill or
storage feature to its post-closure use.
2/17/1999
Last amended 4/8/2018.
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22
Virginia
Hazardous Waste
Management
Regulations, Part
265. A. 17
9VAC20-60-
265. A. 17
Hazardous
Waste
Management
and Disposal
Prohibits the underground injection of
hazardous waste.
11/12/1986
Last amended 5/3/2017.
23
Virginia
Hazardous Waste
Management
Regulations
9VAC20-60-273
Hazardous
Waste
Management
and Disposal
Adopts 40 CFR 274 with additional
requirements for handlers and
owner/operators of generator lamps.
2/17/1999
Last amended 4/8/2018.
A. The purpose of this chapter is to establish
standards and procedures pertaining to the
management of solid wastes by providing the
requirements for siting, design, construction,
operation, maintenance, closure, and post
closure care of solid waste management
facilities in the Commonwealth in order to
protect the public health, public safety the
environment, and our natural resources.
24
Solid Waste
Management
Regulations
9VAC20-81
Hazardous
Waste
Management
and Disposal
B. This chapter provides for the prohibition
of open dumping of solid waste to protect
public health and safety and the
environment.
C. This chapter sets forth the requirements
for undertaking corrective actions at solid
waste management facilities.
3/16/2011
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25
Water Quality
Standards
9VAC25-260
Water
Pollution
State waters, including wetlands, shall be
free from substances attributable to sewage,
industrial waste, or other waste in
concentrations, amounts, or combinations
which contravene established standards or
interfere directly or indirectly with
designated uses of such water or which are
inimical or harmful to human, animal, plant,
or aquatic life.
Specific substances to be controlled include,
but are not limited to: floating debris, oil,
scum, and other floating materials; toxic
substances (including those which
bioaccumulate); substances that produce
color, tastes, turbidity, odors, or settle to
form sludge deposits; and substances which
nourish undesirable or nuisance aquatic plant
life. Effluents which tend to raise the
temperature of the receiving water will also
be controlled. Conditions within mixing
zones established according to 9VAC25-260-
20 B do not violate the provisions of this
subsection.
5/20/1992
Last amended 2/1/2010.
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26
Virginia Pollutant
Discharge
Elimination
System (VPDES)
Permit Regulation
9VAC25-31-25
Water
Pollution
Except as noted, when a regulation of the
U.S. Environmental Protection Agency set
forth in Title 40 of the Code of Federal
Regulations is referenced and incorporated in
this chapter that regulation shall be as it
exists and has been published in the July 1,
2017, update. The final rules published in the
Federal Register on July 5, 2017 (82 FR
30997), which corrects 40 CFR 441.30, and
on August 28, 2017 (82 FR 40836), which
amends 40 CFR Part 136, are also
incorporated by reference in this chapter.
2/15/2012
Last amended
6/13/2018.
27
Virginia Pollutant
Discharge
Elimination
System (VPDES)
General Permit
Regulation for
Discharges from
Petroleum
Contaminated
Sites,
Groundwater
Remediation, and
Hydrostatic Tests
9VAC5-120-15
Water
Pollution
Except as noted, when a regulation of the
U.S. Environmental Protection Agency
(EPA) set forth in Title 40 of the Code of
Federal Regulations is referenced or adopted
in this chapter and incorporated by reference,
that regulation shall be as it exists and has
been published as of July 1, 2017.
40 CFR Parts 122, 123, and 124
2/26/2013
Last amended
2/26/2018.
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1
General
Regulations for
Air Pollution
Sources
Chapter 173-400
WAC
Air Pollution
The chapter creates air emissions standards
and a permitting program. It establishes
emissions limitations generally applicable to
sources as well as specific standards for
source types including emission standards
for combustion and incineration units and
emission standards for sources emitting
hazardous air pollutants. Sets forth other
general rules governing emissions of air
contaminants, registration and reporting
requirements, new source review
requirements, and control technology fees.
Establishes permitting requirement for major
stationary sources and major modifications
to major stationary sources.
12/21/1976
Last amended
8/16/2018.
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2
Operating Permit
Regulation
Chapter 173-401
WAC
Air Pollution
The provisions in this chapter establish the
elements of a comprehensive Washington
state air operating permit program consistent
with the requirements of Title V of the
Federal Clean Air Act (FCAA) (42 U.S.C.
7401, et seq.). While chapter 173-401 WAC
does not impose substantive new
requirements, it does require that fees be
imposed on sources and that certain
procedural measures be adopted especially
with respect to compliance. This regulation
is applicable to specified sources of air
contaminants. The requirements of this
chapter, including provisions regarding
schedules for submission and approval or
disapproval of permit applications, also
generally apply to the permitting of affected
sources under the acid rain program.
11/4/1993
Last amended 3/5/2016.
3
Solid Fuel
Burning Devices
Chapter 173-433
WAC
Air Pollution
Regulates devices that burn wood, coal, or
any other nongaseous or nonliquid fuels.
Establishes emission standards, certification
standards and procedures, fuel restrictions,
and operation restrictions for solid fuel
burning devices during impaired air quality
burn bans.
12/16/1987
Last amended
1/23/2014.
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4
Emergency
Episode Plan
Chapter 173-435
WAC
Air Pollution
Establishes an avoidance plan for air
pollution episodes. Stipulates that any person
responsible for the operation of a major
source, when requested in writing by the
director of the Washington Department of
Ecology, prepare a source emission reduction
plan (SERP). This SERP must be consistent
with good industrial practice and safe
operating procedures for reducing the
emissions of air contaminants into the
ambient air during periods of air pollution
alert, warning, and emergency.
10/31/1977
Last amended 1/3/1989.
5
Reporting of
Emissions of
Green House
Gases
Chapter 173-441
WAC
Air Pollution
This rule establishes mandatory greenhouse
gas (GHG) reporting requirements for
owners and operators of certain facilities that
directly emit GHG as well as for certain
suppliers of liquid motor vehicle fuel, special
fuel, or aircraft fuel. For suppliers, the GHGs
reported are the quantity that would be
emitted from the complete combustion or
oxidation of the products supplied.
1/1/2011
Last amended
10/16/2016.
6
Clean Air Rule
Chapter 173-442
WAC
Air Pollution
Establishes greenhouse gas emission
standards starting in 2017 specific to
petroleum product producers and importers,
natural gas distributors, and certain
stationary sources.
10/16/2016
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7
Controls for New
Sources of Toxic
Air Pollutants
Chapter 173-460
WAC
Air Pollution
The purpose of this chapter is to establish the
systematic control of new or modified
sources emitting toxic air pollutants (TAPs)
to prevent air pollution, reduce emissions to
the extent reasonably possible, and maintain
such levels of air quality as will protect
human health and safety. The chapter
establishes three major requirements: 1) Best
available control technology for toxics; 2)
Toxic air pollutant emission quantification;
3) Human health and safety protection
demonstration.
9/18/1991
Last amended
6/20/2009.
8
Ambient Air
Quality Standards
Chapter 173-476
WAC
Air Pollution
This chapter establishes maximum
acceptable levels in the ambient air for
particulate matter, lead, sulfur dioxide,
nitrogen oxides, ozone, and carbon
monoxide. These standards are applicable to
all areas of the state of Washington.
12/22/2013
Last amended 7/1/2016.
9
Petroleum
Refinery
Greenhouse Gas
Emission
Requirements
Chapter 173-485
WAC
Air Pollution
Intended to determine reasonably available
control technology for the emissions of
greenhouse gases emitted by petroleum
refineries in Washington. Also establishes
energy efficiency standards and emission
reduction requirements for petroleum
refinery owners and operators. Imposes
monitoring, recordkeeping, and reporting
requirements on petroleum refinery owners
and operators.
6/28/2014
Last amended
6/28/2014.
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10
Emission
Standards and
Controls for
Sources Emitting
Volatile Organic
Compounds
(VOC)
Chapter 173-490
WAC
Air Pollution
Lists specific emissions standards for sources
of volatile organic compounds. These
standards take precedence over the general
emission standards of chapter 173-400.
5/8/1979
Last amended 2/21998.
11
Safety Standards
for Process Safety
Management of
Highly Hazardous
Chemicals
Chapter 296-67
WAC
Emergency
Planning and
Response
This chapter sets forth process safety
management standards for facilities handling
highly hazardous chemicals. These standards
relate to process hazard information and
analysis, operating procedures manual
development, training, contractors, prestart
up safety reviews, mechanical integrity,
management of change processes, incident
investigation, emergency planning and
response, hot work permits, and compliance
audits.
9/10/1992
Last amended
3/18/2014.
12
Safety and Health
Core Rules
Chapter 296-800
WAC
Emergency
Planning and
Response
This regulation contains basic safety and
health rules that affect all employers. It
includes requirements for an Accident
Prevention Program, personal protective
equipment, first aid, and a hazard
communication program.
9/1/2001
Last amended 1/3/2017.
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13
Emergency
Response
Chapter 296-824
WAC
Emergency
Planning and
Response
This chapter states the minimum
requirements to help employers protect the
safety and health of employees during a
response to a hazardous substance release. It
is applicable to all employers whose
employees are, or could become, involved in
responding to uncontrolled releases of
hazardous substances. Includes requirements
for record keeping, training, emergency
response plan development, personal
protective equipment, post emergency
response, and more. Several rules in this
regulation have been reversed.
10/1/2002
Last amended 9/5/2017.
14
Airborne
Contaminants
Chapter 296-841
WAC
Emergency
Planning and
Response
This chapter regulates airborne contaminant
risk control in the workplace and applies to
employers whose employees are, or could be,
exposed to an airborne hazard. It requires
employers to evaluate and control employee
exposures and implement employee
protective measures. It further establishes
standards for exposure controls and
permissible exposure limits.
8/21/2108
Last amended 1/1/2004.
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15
Globally
Harmonized
System for
Hazard
Communication
Chapter 296-901
WAC
Emergency
Planning and
Response
This chapter establishes rules to ensure that
the hazards of all chemicals produced or
imported to a workplace are classified, and
that information concerning the classified
hazards is transmitted to employers and
employees. The 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, safety
data sheets and employee training.
4/15/2013
Last amended
3/18/2014.
16
Model Toxics
Control Act -
Cleanup
Chapter 173-340
WAC
Hazardous
Substances
Management
Establishes administrative processes and
standards to identify, investigate, and clean
up facilities where hazardous substances
have come to be located. This chapter is
applicable to all facilities where there has
been a release or threatened release of a
hazardous substance that may pose a threat
to human health or the environment. Under
this chapter, the department may require or
take those actions necessary to investigate
and remedy these releases.
5/4/1990
Last amended
10/12/2007.
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17
Underground
Storage Tank
Regulations
Chapter 173-
360A WAC
Hazardous
Substances
Management
Creates a statewide underground storage tank
(UST) program applicable to owners and
operators of an UST system. Sets forth
installation, performance, operation, and
maintenance standards for UST systems;
requirements for operator training; release
detection, reporting, confirmation, and
cleanup requirements; certified service
provider requirements; closure rules; and
financial responsibility standards. The
regulations also include rules to provide for
the administration and enforcement of the
program.
10/1/18
Last amended N/A.
18
General Safety
and Health
Standards
Chapter 296-24
WAC
Hazardous
Substances
Management
Sets workplace safety and health standards
including rules specifically regulating
hazardous materials, storage and handling of
liquefied petroleum gases, and compressed
gas and compressed gas equipment.
5/7/1973
Last amended
12/23/2018.
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19
Dangerous Waste
Regulations
Chapter 173-303
WAC
Hazardous
Waste
Management
and Disposal
This chapter regulates wastes designated as
dangerous, extremely hazardous, or mixed
wastes. The chapter 1) Provides for
surveillance and monitoring of dangerous
and extremely hazardous wastes until they
are detoxified, reclaimed, neutralized, or
disposed of safely; (2) Establishes a system
for manifesting, tracking, reporting,
monitoring, recordkeeping, sampling, and
labeling dangerous and extremely hazardous
wastes; (3) Establishes the siting, design,
operation, closure, post-closure, financial,
and monitoring requirements for dangerous
and extremely hazardous waste transfer,
treatment, storage, and disposal facilities; (4)
Establishes design, operation, and
monitoring requirements for managing the
state's extremely hazardous waste disposal
facility; (5) Establishes a program for
permitting dangerous and extremely
hazardous waste management facilities; and
(7) Sets forth recycling, reuse, reclamation,
and recovery standards for dangerous waste.
6/27/1984
Last amended
12/18/2014.
20
Spills and
Discharges into
the Environment
Chapter 173-303-
145 WAC
Hazardous
Waste
Management
and Disposal
Requires responsibility party for spill or
discharge of a dangerous waste or hazardous
substance to notify local authorities of the
spill or discharge and take appropriate action
to protect human health and the environment
- including cleaning up the spill. Federal
regulations under CERCLA do not have
specific provisions for spills.
2/10/1982
Last amended
7/31/2009.
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21
Standards for the
Management of
Used Oil
Chapter 173-303-
515 WAC
Hazardous
Waste
Management
and Disposal
Prohibits mixing of any material into used oil
and treating resultant waste as used oil
(federal standards allow for some materials
to be mixed into used oil). Prohibits mixing
metal-working fluids with chlorinated
paraffins and subsequent treatment as used
oil if burned for energy recovery. Used oil
generators must keep containers closed
always and used oil containers must be
managed to avoid leaks or ruptures. Allows
generators to transport used oil in amounts
over 55 gallons in their own vehicle without
a transporter ID, so long as handling
conditions are met. Includes provisions for
reporting, monitoring, and inspection of
integrity of used oil equipment.
Requires that used oil facility owners and
operators develop closure plans and closure
cost estimates, as well as obtain financial
assurance to meet closure and liability
coverage.
6/27/1984
Last amended
7/31/2009.
22
Tank Systems
Chapter 173-303-
640 WAC
Hazardous
Waste
Management
and Disposal
Requires that all tank systems containing
extremely hazardous wastes which are
acutely or chronically toxic by inhalation be
designed to prevent the escape of vapors,
fumes, or other emissions into the air.
2/10/1982
Last amended
12/18/2014.
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23
Solid Waste
Incinerator
Facilities
Chapter 173-434
WAC
Hazardous
Waste
Management
and Disposal
Regulates solid waste incineration facilities
which include, but are not limited to,
facilities incarcerating dangerous (including
hazardous) waste and industrial solid waste.
It establishes emissions standards, design
requirements, and performance standards for
these facilities.
3/16/1987
Last amended
12/22/2003.
24
Hazardous Waste
Operations
Chapter 296-843
WAC
Hazardous
Waste
Management
and Disposal
This chapter establishes rules to protect the
health and safety of employees working in
hazardous waste facilities. Rules relate to
record keeping, training, safety and
protective equipment, site-specific health and
safety plans, and more.
5/1/2004
Last amended
3/18/2014.
25
Hazardous Waste
Management
Chapter 70-105
RCW
Hazardous
Waste
Management
and Disposal
In addition to federally regulated hazardous
waste, Washington Department of Ecology
designates additional waste for regulation
based on solid corrosivity, all PCB wastes,
and based on toxicity and persistence.
Department of Ecology also identifies wastes
that are persistent and pose significant
hazards because they are highly toxic or
bioaccumulate as "extremely hazardous."
1985
Last amended 6/7/1905.
26
Water Quality
Permit Fees
Chapter 173-
1224 WAC
Water
Pollution
This chapter establishes a fee system for
state waste discharge and NPDES permits
issued by the department
4/13/1990
Last amended
7/20/2017.
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Water Quality
Standards for
Groundwaters of
the State of
Washington
Chapter 173-200
WAC
Water
Pollution
This chapter establishes groundwater quality
standards applicable to all groundwaters of
the state that occur in a saturated zone or
stratum beneath the surface of land or below
a surface water body. It also sets forth the
criteria and administrative procedures to
enforce these standards and establishes a
general antidegradation policy for the state of
Washington.
12/1/1990
28
Water Quality
Standards for
Surface Waters of
the State of
Washington
Chapter 173-
201AWAC
Water
Pollution
Establishes water quality standards for
surface waters which include lakes, rivers,
ponds, streams, inland waters, salt waters,
wetlands, and all other surface waters and
water courses within the jurisdiction of the
state of Washington. As part of this chapter:
a) All surface waters are protected by
numeric and narrative criteria, designated
uses, and an antidegradation policy; b) Based
on the use designations, numeric and
narrative criteria are assigned to a water
body to protect the existing and designated
uses; c) Where multiple criteria for the same
water quality parameter are assigned to a
water body to protect different uses, the most
stringent criteria for each parameter is to be
applied.
12/26/1992
Last amended 9/1/2016.
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State Waste
Discharge Permit
Program
Chapter 173-216
WAC
Water
Pollution
The purpose of this chapter is to implement a
state permit program, applicable to the
discharge of waste materials from industrial,
commercial, and municipal operations into
ground and surface waters of the state and
into municipal sewerage systems. However,
this regulation does not apply to the
following: (a) The point source discharge of
pollutants into navigable waters of the state
which are regulated by the National Pollutant
Discharge Elimination System (NPDES)
Permit Program, chapter 173-220 WAC. (b)
The discharge of pollutants into waters of the
state which are regulated by the Waste
discharge general permit program, chapter
173-226 WAC.
11/18/1983
Last amended
3/18/2002.
30
Underground
Injection Control
Program
Chapter 173-218
WAC
Water
Pollution
This chapter aims to prevent groundwater
contamination by regulating the discharge of
fluids into Underground Injection Control
(UIC) wells. To accomplish this, the
provisions of this chapter outline UIC well
classifications, UIC well operation
requirements, a non-endangerment standard,
well authorization and registration rules,
permit terms and conditions if a UIC well is
not authorized, and standards for
decommissioning a UIC well, among other
rules.
2/29/1984
Last amended
7/20/2008.
254
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National Pollutant
Discharge
Elimination
System Permit
Program
Chapter 173-220
WAC
Water
Pollution
This chapter establishes a state individual
permit program, applicable to the discharge
of pollutants and other wastes and materials
to the surface waters of the state, operating
under state law as a part of the National
Pollutant Discharge Elimination System
(NPDES) created by section 402 of the
Federal Water Pollution Control Act
(FWPCA).
2/15/1974
Last amended
2/15/2002.
32
Wastewater
Discharge
Standards and
Effluent
Limitations
Chapter 173-
221AWAC
Water
Pollution
This chapter sets minimum discharge
standards for industrial wastewater facilities
that discharge to waters of the state. Asserts
that wastes and other materials and
substances are prohibited from entering
waters if they will reduce the existing quality
of water, except in those situations where
overriding considerations of the public
interest will be served.
10/31/1995
Last amended
8/30/1990.
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Wastewater
Discharge
General Permit
Program
Chapter 173-225
WAC
Water
Pollution
This chapter establishes a state general
permit program, applicable to the discharge
of pollutants, wastes, and other materials to
waters of the state, including discharges to
municipal sewerage systems. The permitting
system includes discharge prohibitions; rules
regulating permit administration; and
monitoring, recording, and reporting
requirements. Permits issued under this
chapter are designed to satisfy the
requirements for discharge permits under
sections 307 and 402(b) of the federal Water
Pollution Control Act (33 U.S.C. §1251) and
the state law governing water pollution
control (chapter 90.48 RCW).
2/15/2015
Last amended
5/19/1993.
34
Submission of
Plans and Reports
for Construction
of Wastewater
Facilities
Chapter 173-240
WAC
Water
Pollution
This regulation requires submission and
approval of engineering reports, plans, and
specification for construction or modification
of wastewater facilities. Separate rules are
established for domestic wastewater
facilities, industrial wastewater facilities, and
domestic and industrial wastewater facilities.
Industrial wastewater facilities are defined as
all structures, equipment, or processes
required to collect, carry away, treat, reclaim
or dispose of industrial wastewater.
1/23/1979
Last amended
7/11/2001.
35
Land Disposal
Restrictions
Chapter 173-303-
140 WAC
Water
Pollution
Prohibits land disposal of extremely
hazardous waste.
2/10/1982
Last amended
1/18/2015.
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Table K. Wyoming: State Environmental Regulations Relevant to Petroleum Refineries and Coal Products Manufacturing
Facilities
Wyoming Environmental Regulations Applicable to Petroleum and Coal Products Manufacturing Facilities (324110 and 324199)
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1
Air Quality:
Common
Provisions
WAC 020-2-1
Air Pollution
Chapter 1 includes common provisions
which apply to sources of air contaminants
throughout Wyoming unless otherwise
stipulated. Section 2 describes the authority
by which the Wyoming Air Quality
Standards and Regulations are promulgated,
and Section 3 contains the applicable
definitions pertaining to this chapter. Section
4 discusses how it is unlawful to dilute or
conceal emissions, and Section 5 explains
the provisions for unavoidable equipment
malfunctions. Section 6 discusses credible
evidence for purposes of submitting
compliance certifications, and Section 7
establishes greenhouse gas permitting
requirements detailed in Chapter 6, Sections
3 and 4.
2/14/2013
2
Ambient
Standards
WAC 020-2-2
Air Pollution
This Chapter establishes standards of
ambient air quality necessary to protect
public health and welfare. Such standards are
subject to revision. The term "ambient air"
refers to that portion of the atmosphere,
external to buildings, to which the general
public has access.
2/5/2018
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General Emission
Standards
WAC 020-2-3
Air Pollution
This Chapter establishes limits on the
quantity, rate, or concentration of emissions
of air pollutants, including any requirements
which limit the level of opacity, prescribe
equipment, set fuel specifications, or
prescribe operation or maintenance
procedures. These general emission
standards may be superseded by specific
emission standards required in other
Chapters of the Wyoming Air Quality
Standards and Regulations.
2/5/2018
4
State Performance
Standards for
Specific Existing
Sources
WAC 020-2-4
Air Pollution
This chapter establishes state performance
standards for specific existing sources. Most
of the sections under this chapter were
required by the Environmental Protection
Agency under section 111(d) of the Clean
Air Act. Each of the standards listed has an
accompanying New Source Performance
Standard (NSPS) under Chapter 5, Section 2
which applies to new sources.
2/5/2018
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National Emission
Standards
WAC 020-2-5
Air Pollution
This Chapter incorporates emission control
regulations developed by the Environmental
Protection Agency for specific source
categories. The State of Wyoming, Air
Quality Division adopts these Federal
Regulations in order to maintain
administrative authority with regards to the
standards. Section 2 contains New Source
Performance Standards (NSPS) which
regulate criteria pollutant emissions from
specific categories of new sources. Section 3
contains National Emission Standards for
Hazardous Air Pollutants (NESHAP) which
regulates hazardous air pollutant emissions
from specific categories of new and existing
sources.
2/5/2018
6
Monitoring
Regulations
WAC 020-2-7
Air Pollution
These sections establish general monitoring
regulations. These regulations may be
superseded by specific monitoring
requirements under other chapters of the
Wyoming Air Quality Standards and
Regulations.
12/20/2016
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OSHA-General
Industry 1910:
General (A)
WAC 053-25-1
Emergency
Planning and
Response
(a) The Department of Workforce Services
has determined that incorporation of the full
text of these rules would be cumbersome and
inefficient given the length or nature of the
rules;
(b) Any code, standard, rule or regulation
incorporated by reference does not include
any later amendments or editions of the
incorporated matter beyond the applicable
date identified in subsection (d) of this
section; and
(c) The incorporated code, standard, rule, or
regulation is maintained at the Department of
Workforce Services, OSHA Division's office
(1510 East Pershing Boulevard, Cheyenne,
WY 82002) and is available for public
inspection and copying at cost at the same
location.
(d) Each rule incorporated by reference is
further identified as follows: 29 C.F.R. §§
1910.1 -1910.9 (2016) as it was in effect on
June 8, 2016 and adopted by the Department
of Workforce Services, Wyoming OSHA
Commission.
*** proposed changes were filed on
9/13/2018
4/25/2018
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Hazardous Waste
Rules and
Regulations,
Emergency
Reporting
Wyoming
HWRR
263(a)(iv),
262(a)(v),
264(a)(v),
265(a)(iv)
Emergency
Planning and
Response
Requires air, rail, highway, and water
transporters to report discharged hazardous
waste to the Wyoming Department of
Environmental Quality. Also requires
emergency coordinators to report findings to
the Wyoming Department of Environmental
Quality.
7/1/1979
Last amended 1/3/2017.
9
Hazardous Waste
Rules and
Regulations,
Response Action
Plans
Wyoming
HWRR 265(a)
Emergency
Planning and
Response
Requires submission of response action plans
for surface impoundments, waste piles, and
landfills to the Director of Environmental
Quality.
7/1/1979
Last amended 1/3/2017.
10
Hazardous Waste
Rules and
Regulations,
Emergency
Reporting
Wyoming
HWRR 270(e)(i)
Emergency
Planning and
Response
Requires holders of hazardous waste disposal
permits to report any release or discharge of
hazardous waste regardless of whether or not
it causes an endangerment to public water
supplies.
7/1/1979
Last amended 1/3/2017.
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Storage Tanks
WAC 020-14-1
Hazardous
Substances
Management
The purpose of these rules and regulations is
to:
(a)Establish a storage tank leak prevention
program to prevent releases and to minimize
health hazards and environmental damage
should a release occur;
(b)Allow Wyoming to assume primacy of the
U.S. Environmental Protection Agency's
(EPA) underground storage tank (UST)
program;
(c)Establish priorities for cleaning up
releases from storage tank systems;
(d)Establish a procedure to determine
environmental restoration standards;
(e)Provide underground storage tank system
owners and/or operators with the option of
financial responsibility coverage to help
meet the federal requirements; and
(f)Provide aboveground storage tank system
owners and/or operators with the option of
financial responsibility coverage.
6/29/2018
12
Hazardous Waste
Management:
General
Provisions
WAC 020-3-1
Hazardous
Waste
Management
and Disposal
Adopts 40 CFR Parts 124, 260 - 268, 270,
273, and 279.
The rules contained herein shall apply to any
person, government or governmental
subdivision, corporation, organization,
partnership, business trust, association,
district or other entity involved in any aspect
of the management of hazardous waste.
3/18/2018
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Hazardous Waste
Rules and
Regulations,
Public Notice
Wyoming
HWRR 124(d),
124(e)
Hazardous
Waste
Management
and Disposal
Requires public notice within 15 days of
preparation of draft permit. Requires public
notice once per week for two consecutive
weeks for all RCRA permits. Requires a
hearing within 20 days of close of public
comment period.
7/1/1979
Last amended 1/3/2017.
14
Hazardous Waste
Rules and
Regulations,
Closure
Wyoming
HWRR
264(a)(vii)
Hazardous
Waste
Management
and Disposal
Requires facility owners and operators to
develop a closure plan that includes all steps
necessary to prevent threats to human health
and the environment.
7/1/1979
Last amended 1/3/2017.
15
Hazardous Waste
Rules and
Regulations,
Location
Standards
Wyoming
HWRR
264(a)(xi),
270(c)(i)(B),
270(d)(i), 270(1)
Hazardous
Waste
Management
and Disposal
Prohibits siting of hazardous waste disposal
facilities within the boundaries of a 100-year
floodplain or within one mile of surface
water. Requires health risk assessment based
on health risks associated with normal
operation or failure of a hazardous waste
management facility. Requires that
professional geologists review and approve
location compliance information.
7/1/1979
Last amended 1/3/2017.
16
Hazardous Waste
Rules and
Regulations,
Remedial Action
Plans
Wyoming
HWRR 264(a),
270(a)
Hazardous
Waste
Management
and Disposal
Wyoming does not permit the alternative
remedial action plan permits under RCRA.
7/1/1979
Last amended 1/3/2017.
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Hazardous Waste
Rules and
Regulations,
Reporting
Requirements
Wyoming
HWRR 265(a)
Hazardous
Waste
Management
and Disposal
Requires owners and operators of hazardous
waste management facilities to submit
groundwater monitoring plans and reports to
the Director of Environmental Quality.
Requires owners and operators to submit a
written report within 15 days of the
completion of groundwater quality
assessment.
7/1/1979
Last amended 1/3/2017.
18
Hazardous Waste
Rules and
Regulations,
Permit
Applications
Wyoming
HWRR 270(b)(ii)
Hazardous
Waste
Management
and Disposal
Requires any person who gains ownership of
a hazardous waste management facility to
procure the Director of Environmental
Quality's approval that they meet compliance
requirements and that new owner will be
bound to permit provisions.
7/1/1979
Last amended 1/3/2017.
19
Wyoming Surface
Water Quality
Standards
WAC 020-11-1
Water
Pollution
The numerical and narrative standards
contained within these regulations shall be
used to establish effluent limitations for
those discharges requiring control via
permits to discharge in the case of point
sources and best management practices in the
case of nonpoint sources. If no permit or best
management practice has been issued or
implemented for a pollution source the state
may, in addition to other appropriate legal
action, take direct action to enforce these
standards.
4/24/2018
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Underground
Injection Control
Program Class I
and V Wells
WAC 020-11-27
Water
Pollution
These regulations shall apply to all Class I,
Class IV, Class V, commercial oil field
waste disposal wells and those gas plant
waste wells not regulated by the Wyoming
Oil and Gas Conservation Commission. In
addition, these regulations shall apply to any
discharge to the subsurface, including the
vadose zone, for all of the types of
discharges listed in Appendix C of this
chapter.
*** proposed changes were filed on 9/4/2018
9/15/2015
21
Releases of Oil &
Hazardous
Substances into
Waters of the
State of Wyoming
WAC 020-11-4
Water
Pollution
The purpose of these regulations is to
regulate the containment, cleanup, and
disposal of oil or hazardous substances
which have been released and which enter, or
threaten to enter, waters of the state and to
require notification to the Water Quality
Division of such releases. These regulations
do not apply to intentional discharges of oil
or hazardous substances which would be
regulated by the National Pollutant
Discharge Elimination System permits issued
in accordance with Chapter II, Wyoming
Water Quality Rules and Regulations.
12/16/1987
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APPENDIX IV. INDUSTRY VOLUNTARY PROGRAMS
The following table summarizes the industry voluntary programs relevant to petroleum refineries
and coal products manufacturing facilities. EPA does not expect that it presents a comprehensive
summary of the voluntary programs relevant to petroleum refineries and coal products
manufacturing facilities. Rather, this report attempts to describe the kinds of voluntary programs
available to facilities to improve their environmental performance.
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Table A. Industry Voluntary Programs Relevant to Petroleum Refineries and Coal
Products Manufacturing Facilities
Industry Voluntary Programs Applicable to NAICS 324110 and 324199
Row
Program
Overview
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 sector: 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.
1
American National
Standards Institute (ANSI)
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.
2
American Petroleum
Institute (API)
The American Petroleum Institute (API) sponsors and promotes a number of programs
that conduct advocacy, research, training, standards, and certification for oil and natural
gas industry. Their mission is to promote safety and influence public policy. API's
standards focus on: safety of industry operations, quality assurance, cost efficiency,
waste reduction, and optimizing the manufacturing process. These standards include
measurements for byproduct particles, specifications for tools used, qualification of
suppliers, and more. API's standards also address many different issues including:
transportation, refining, health and environment, safety and fire protection, and more.
3
API's The Environmental
Partnership
The American Petroleum Institute (API) established The Environmental Partnership, to
take effect 1/1/2018. The voluntary initiative, which will involve the cooperation of the
natural gas and oil industry through API's framework, will focus on the reduction of
methane and volatile organic compound emissions. The Environmental Partnership
developed three "Environmental Performance Programs" to support this goal: 1) Leak
Program for Natural Gas and Oil Production Sources, which includes monitoring and
repair efforts; 2) Program to Replace, Remove, or Retrofit High-Bleed Pneumatic
Controllers; and 3) Program for Manual Liquids Unloading for Natural Gas Production
Sources, which will remove liquids from older wells, thereby minimizing emissions.
The Environmental Partnership Program also supports collaboration between industry
and stakeholders.
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Industry Voluntary Programs Applicable to NAICS 324110 and 324199
Row
Program
Overview
4
American Society for
Testing and Materials
(ASTM) Petroleum
Standards
The American Society for Testing and Materials (ASTM)'s petroleum standards are
instrumental in the evaluation and assessment of the physical, mechanical, rheological,
thermal, and chemical properties of crude oils, lubricating grease, automobile and
aviation gasoline, hydrocarbons, and other naturally occurring energy resources used
for various industrial applications. These fuels are tested for their composition, purity,
density, miscibility and compatibility with other fluids and materials, toxicity, and
thermal stability among others. These petroleum standards allow petroleum refineries,
automotive and aviation companies, and other geological and chemical processing
plants to appropriately examine and process these fuel oils ensure their quality towards
safe and efficient use.
5
Channel Industries Mutual
Aid (CIMA)
Channel Industries Mutual Aid (CIMA) is a non-profit organization combining the fire-
fighting, rescue, hazardous material handling and emergency medical capabilities of the
refining and petrochemical industry in the Greater Houston Metropolitan Area. Since
1955, this organization has been providing cooperative assistance and expertise for all
kinds of emergencies - both natural and man-made.
6
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.
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
using instrumentation. Such systems are referred to as Safety Instrumented Systems.
8
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.
268
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Industry Voluntary Programs Applicable to NAICS 324110 and 324199
Row
Program
Overview
The International Organization for Standardization (ISO) 9000 is a set of international
standards on quality management and quality assurance developed to help companies
effectively document the quality system elements to be implemented to maintain an
efficient quality system. They are not specific to any one industry and can be applied to
organizations of any size.
9
International Organization
for Standardization (ISO)
9000 Standards
ISO 9001 is the international standard that specifies requirements for a quality
management system (QMS). Organizations use the standard to demonstrate the ability
to consistently provide products and services that meet customer and regulatory
requirements. It is the most widely-used standard in the ISO 9000 series and the only
standard in the series to which organizations can certify. The standards include:
requirements for a quality management system, responsibilities of management,
management of resources, product realization, and audits and corrective action.
The National Fire Protection Association (NFPA) publishes more than 300 consensus
codes and standards intended to minimize the possibility and effects of fire and other
risks. NFPA codes and standards, administered by more than 250 Technical
Committees comprising approximately 8,000 volunteers, are adopted and used
throughout the world.
10
National Fire Protection
Association (NFPA) Codes
and Standards
Some of NFPA's codes/standards are: standard for the installation of oil-burning
equipment, standard for spray application using flammable or combustible materials,
standard for the protection of records, and more. The NFPA 30B Code for the
Manufacture and Storage of Aerosol Products applies to the manufacture, storage, and
display of aerosol products. This code does not apply to the storage and display of
containers whose contents are comprised entirely of LP-Gas products.
11
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.
Job Safety Analysis (JSA) is a safety tool that OSHA created and that facilities can
implement, that can be used to define and control hazards associated with a certain
process, job, or procedure. It is a systematic examination and documentation of every
task within each job to identify health and safety hazards, and the steps to control each
task. Four basic stages in conducting a JSA are:
12
OSHA Job Safety
Analysis (JSA)
- selecting the job to be analyzed
- breaking the job down into a sequence of steps
- identifying potential hazards
- determining preventive measures to overcome these hazards
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Industry Voluntary Programs Applicable to NAICS 324110 and 324199
Row
Program
Overview
13
OSHA's
Voluntary Protection
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 apply 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 five years to remain in the programs. VPP participants are
exempt from OSHA programmed inspections while they maintain their VPP status.
270
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