Summary Report: Federal and State
Environmental Regulations and Industry
Voluntary Programs in Place to Address CERCLA
Hazardous Substances at Chemical Manufacturing
Facilities
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TABLE OF CONTENTS
Table of Contents i
Introduction 1
Methodology 2
Summary 3
Section 1. Federal and State Environmental Regulations 7
A. Air Pollution 8
B. Water Pollution 16
C. Emergency Planning and Response 21
D. Hazardous Substances Management 31
E. Hazardous Waste Disposal and Management 39
F. Effectiveness 44
Section 2. Industry Voluntary Programs 53
A. Programs Summary 53
B. Effectiveness 59
Appendix I. State Sample Methodology 67
NAICS 325: Chemical Manufacturing Facilities 68
Appendix II. Federal Environmental Regulations 70
Table A. Federal Environmental Regulations Relevant to Chemical Manufacturing
Facilities 71
Appendix III. State Environmental Regulations 163
Table A. California: State Environmental Regulations Relevant to Chemical
Manufacturing Facilities 164
Table B. Florida: State Environmental Regulations Relevant to Chemical Manufacturing
Facilities 177
Table C. Georgia: State Environmental Regulations Relevant to Chemical Manufacturing
Facilities 190
Table D. Illinois: State Environmental Regulations Relevant to Chemical Manufacturing
Facilities 197
Table E. New Jersey: State Environmental Regulations Relevant to Chemical
Manufacturing Facilities 212
Table F. New York: State Environmental Regulations Relevant to Chemical
Manufacturing Facilities 224
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Table G. Ohio: State Environmental Regulations Relevant to Chemical Manufacturing
Facilities 233
Table H. Pennsylvania: State Environmental Regulations Relevant to Chemical
Manufacturing Facilities 240
Table I. Texas: State Environmental Regulations Relevant to Chemical Manufacturing
Facilities 248
Appendix IV. Industry Voluntary Programs 257
Table A. Industry Voluntary Programs Relevant to Chemical Manufacturing Facilities258
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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 chemical manufacturing industry.
As part of EPA's consideration of financial assurance regulations for facilities within each of
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 chemical 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 chemical 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 methodology EPA used to generate a sample of states from which EPA collected
1 74 FR 37213.
2 75 FR 3.
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environmental regulatory information relevant to chemical 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 chemical manufacturing facilities, as well as voluntary programs
intended to supplement environmental regulations in which chemical manufacturing facilities
participate. Within the chemical manufacturing industry sector, 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.
To summarize the state regulatory framework relevant to chemical manufacturing facilities, EPA
first generated a sample of states representative of the geographic distribution of chemical
manufacturing facilities that includes the states with the highest number of relevant facilities that,
together, contain over 50 percent of the chemical manufacturing facilities in the United States.
The state sample comprises: California, Texas, Illinois, Florida, New Jersey, Pennsylvania, New
York, and Georgia.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 chemical
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;
• Hazardous waste management and disposal regulations.
The section on industry voluntary programs highlights the programs in which chemical
manufacturing facilities may participate that EPA located through a review of facility RMPs,
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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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 does not endeavor to develop a formal risk assessment of chemical
manufacturing facilities. Although environmental regulations establish a set of minimum
standards, compliance with those regulations varies by individual facility. 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 predictive of actual facility practices, and therefore are
not indicative of the risk of releases.
This document also does not endeavor to describe or prescribe gaps in the existing regulatory
framework relevant to chemical 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.
SUMMARY
The federal and state environmental regulations and industry voluntary programs relevant to
chemical 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,
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nitrous dioxide, and sulfur dioxide - and by facility type, including federal emissions
standards for various chemical manufacturing facilities.
• The 1972 Clean Water Act 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, OSHA's 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 1972 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 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. Regulations promulgated pursuant to FIFRA address issues
surrounding the manufacture and distribution of pesticides, including registration,
reporting and recordkeeping, packaging, and labeling. The PHMSA regulations impose
packaging and operational standards for hazardous substances transporters.
• Hazardous waste disposal and management regulations are largely promulgated under the
authority of the 1976 Resource Conservation and Recovery Act (RCRA) and its
subsequent amendments. Subtitle C of RCRA establishes "cradle to grave" regulations
that apply to the generation, transportation, treatment, storage, and disposal of hazardous
waste. RCRA operates through permitting programs applicable to hazardous waste
generators, transporters, and disposal facilities (TSDFs). The TSDF permitting programs
set technical standards by facility and storage or disposal type, have phased out the land
disposal of hazardous waste, require facilities to record and report the hazardous waste
they receive, and remain in effect through closure and post-closure periods, so long as
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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 chemical manufacturing
facilities generally impose stricter or additional standards for emissions, emergency
preparedness, hazardous substance management, and hazardous waste management on
facilities and sites that store, handle, process, or dispose of toxic or other hazardous
chemicals. California, for example, imposes ambient air quality standards for vinyl
chloride and hydrogen sulfide, which are common emissions of chemical manufacturing
facilities. Illinois has separate standards for sewage discharges from chemical
manufacturing facilities, and for solid waste landfills with chemical constituents.
• Catastrophic releases of hazardous substances and the use of toxic chemicals and other
hazardous substances are the primary environmental and safety concerns for chemical
manufacturing facilities. As a result, the literature on the regulatory regime applicable to
the chemical manufacturing industry focuses on emergency planning and response
regulations, such as CERCLA, and hazardous substances management regulations, such
as TSCA and FIFRA. The literature has largely concluded that TSCA and CERCLA has
been ineffective at chemical management and release reduction, though state-level
regulations have successfully supplemented TSCA provisions and offered a viable model
for future federal regulations.6 Further, the 2016 Lautenberg Act that amended the TSCA
responded to some of the original statute's shortcomings, though the literature believes
that it has not yet been successful at addressing or resolving those shortcomings.7
• Voluntary programs relevant to the chemical manufacturing industry may be
implemented or promoted by federal or state agencies to supplement regulations or
sponsored by non-profit organizations and trade associations. Some programs are
implemented by individual industry firms. Programs set or publish environmental
management and safety standards that facilities may follow that supplement federal and
state regulations, comply with additional international standards, 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 collaboration among facilities, academics, and government agencies to
develop best practice standards and improve emergency preparedness. These programs
6 See, for example, H. Bae, P. Wilcoxen, and D. Popp, "Information Disclosure Policy: Do State Data Processing
Efforts Help More Than the Information Disclosure Itself?," Journal of Policy Analysis and Management 29, No. 1
(2010): 163-182.
7 See, for example, S. Krimsky, "The Unsteady State and the Inertia of Chemical Regulation Under the US Toxic
Substances Control Act," PLOSBiology 15, No. 12 (2017).
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have achieved moderate success at reducing pollution emissions through targeted goals
and the diffusion of environmental management technology.
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SECTION 1. FEDERAL AND STATE ENVIRONMENTAL REGULATIONS
Five principal federal environmental laws form the basis of the environmental requirements for
chemical manufacturing facilities: the Clean Air Act (CAA), the Clean Water Act (CWA), the
Toxic Substances Control Act (TSCA), the Resource Conservation and Recovery Act (RCRA),
and CERCLA. These landmark pieces of legislation from the 1970s enabled federal agencies to
implement a nationwide regulatory framework of environmental protection. Below, EPA has
summarized these pieces of legislation, their amendments, and the regulations federal agencies
have promulgated under their authority that are relevant to chemical 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 that do not
have an analogous federal regulation. EPA has included key, industry-relevant state regulations
from a sample of states representative of the geographic distribution of chemical manufacturing
facilities in the following subsections.8
EPA and other federal agencies often delegate the implementation and enforcement of
environmental statutes to state (or local or tribal) regulatory agencies, provided that the state
agency demonstrates that it has adequate legal authority and resources to carry out
implementation and enforcement.9 However, this report focuses on the deviations from or
additions to federal regulations in corresponding state regulations. EPA's review did not consider
whether EPA delegated implementation and enforcement of a federal regulation to the states. As
such, the regulatory descriptions in the subsections, below, do not, include discussion of
delegation. Instead, the report notes when states have adopted and implemented additional, or
more expansive or more stringent regulations than the federal regulations.
The following five subsections below describe federal and state regulations relevant to chemical
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,
then indicates where key state regulations deviate from those regulations in 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.
8 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.
9 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 passage of the CAA in 1970 marked the beginning of the modern regulatory regime with
respect to air pollution control. It sanctioned the creation of air pollution standards and programs
that form the current regulatory framework. The 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.10
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 chemical
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.11 EPA promulgated
10 "Evolution of the Clean Air Act," EPA, accessed September 19, 2018 at: https://www.epa.gov/clean-air-act-
overview/evolution-clean-air-act.
11 "Reviewing National Ambient Air Quality Standards (NAAQS): Scientific and Technical Information," EPA,
accessed September 19, 2018 at: https://www.epa. gov/naaas#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.
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the regulations that created NAAQS on November 25, 1971; the regulations can be found at 40
CFR Part 50.12
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 60.13
EPA promulgated several NSPS standards relevant to chemical manufacturing facilities. These
include: Subpart Cd, for sulfuric acid production; Subpart DDD, for volatile organic compound
emissions from the polymer manufacturing industry; Subpart FFF, for flexible vinyl and
urethane coating and printing; Subpart HHH, for synthetic fiber production; Subpart T, for wet-
process phosphoric acid production; Subpart TTT, for industrial surface coating; Subpart U, for
super-phosphoric acid plants; Subpart V, for diammonium phosphate plants; Subpart VVV, for
polymeric coating of supporting substrates facilities; and Subpart W, for triple superphosphate
plants. The standards at these facilities largely govern fluoride emissions, volatile organic
compound emissions, mercury emissions, and sulfuric acid mist emissions, as well as monitoring
and testing methods. The standards came into effect largely in the 1970s and 1980s.14
The 1977 amendments to the CAA created the New Source Review (NSR) permitting program.15
The NSR permits are intended to ensure new sources comply with NAAQS. The program
requires newly built or modified facilities that emit air pollution to acquire NSR permits. The
program sets guidelines for three kinds of NSR permits, which comprise: Prevention of
Significant Deterioration (PSD) permits; Nonattainment NSR permits; and Minor NSR permits.
PSD permits are for new major sources in areas that meet NAAQS, Nonattainment NSR permits
are for new major sources or source modifications in areas that do not meet NAAQS, and Minor
NSR permits are for minor emissions sources. The program was published in 40 CFR Parts 49
and 52.16
12 36 FR 22384.
13 36 FR 24877.
14 "New Source Performance Standards," EPA, accessed September 19, 2018 at: https://www.epa.gov/stationarv-
sources-air-pollution/new-source-performance-standards.
15 "Evolution of the Clean Air Act," EPA, accessed September 19, 2018 at: https://www.epa.gov/clean-air-act-
overview/evolution-clean-air-act.
16 36 FR 22398; "New Source Review Laws & Statutes," EPA, accessed September 19, 2018 at:
https://www.epa.gov/nsr/new-source-review-laws-statutes.
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3. Clean Air Act (1970) - National Emissions Standards for Hazardous Air Pollutants
EPA initially implemented NESHAPS with the publication of the rule on April 6, 1973 in 40
CFR Part 61.17 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.18 EPA expanded the definition of hazardous pollutants to include vinyl
chloride in 1975,19 benzene in 1977,20 radionuclides in 1979,21 inorganic arsenic in 1980,22 and
coke oven emissions in 1984.23 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.24
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, 1992.25 40 CFR Part 63, Subparts F, G, H, and I contain NESHAPS standards
for synthetic chemical manufacturing facilities. Subpart F establishes the universe of synthetic
organic chemical manufacturing facilities, Subpart G establishes the standards for process vents,
storage vessels, transfer racks, and wastewater streams at those facilities, and Subpart H provides
the standards for leaks at synthetic organic chemical manufacturing facilities. Subpart I
establishes sets the applicability criteria for non-chemical manufacturing processes at chemical
manufacturing facilities that are subject to Subpart H. NESHAPS rules for synthetic organic
chemical manufacturing facilities were first effective April 22, 1994, with additions and
amendments in 1995, 1996, 1997, and 2006.26
17 38 FR 8826.
18 36 FR 5931.
19 40 FR 59532.
20 42 FR 29332.
21 44 FR 76738.
22 45 FR 37886.
23 49 FR 36560.
24 "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.
25 57 FR 61992.
26 "Synthetic Organic Chemical Manufacturing Industry: Organic National Emission Standards for Hazardous Air
Pollutants (NESHAP - 40 CFR 63 Subparts F,G,H,I" EPA, accessed September 19, 2018 at:
https://www.epa.gov/stationarv-sources-air-pollution/sYnthetic-organic-chemical-manufacturing-industrv-organic-
national.
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Additionally, Subpart VVVVVV provides NESHAPS standards for chemical manufacturing area
sources. The emission standards in that subpart apply to: agricultural chemicals and pesticides
manufacturing; cyclic crude and intermediate production; industrial inorganic chemical
manufacturing; industrial organic chemical manufacturing; inorganic pigments manufacturing;
miscellaneous organic chemical manufacturing; plastic materials and resin manufacturing;
pharmaceutical production; and synthetic rubber manufacturing. The rule set management
practices for chemical manufacturing process units as well as emissions limits for process vents
and storage tanks. Additionally, NESHAPS for chemical manufacturing area sources provide
management practices and emissions reductions requirements applicable to wastewater and heat
exchange systems. The rule was effective on March 14, 2011.27
Other NESHAPS applicable to facilities within the chemical manufacturing sector include:
Subpart AA, which contains the standards for phosphoric acid manufacturing facilities; Subpart
BB, for phosphate fertilizer manufacturing; Subpart BBBBBBB, for chemical preparations;
Subpart DDDDDD, for polyvinyl chloride and copolymer production areas; Subpart HHHHH,
for coating manufacturing facilities; Subpart MMM, for pesticide active ingredients; Subpart
NNNN, for hydrochloric acid production; Subpart O, for ethylene oxide emissions; Subpart W,
for epoxy resin and non-nylon polyamide production; and Subpart WWWW, for reinforced
plastics composite production.28
4. Clean Air Act (1990 Amendments) - Chemical Safety Board
The U.S. Chemical Safety Board (CSB) 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.29
27 "Chemical Manufacturing Area Sources," EPA, accessed September 19, 2018 at: https://www.epa. gov/stationarv-
sources-air-pollution/chemical-manufacturing-area-sources-national-emission-standards#rule-summarv.
28 "national Emission Standards for Hazardous Air Pollution," EPA, accessed September 19, 2018 at:
https://www.epa.gov/stationarv-sources-air-pollution/national-emission-standards-hazardous-air-pollutants-neshap-
9.
29 "History," U.S. Chemical Safety Board, accessed December 19, 2018 at: https://www.csb.gov/about-the-
csb/historv/.
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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
112(r)). The General Duty Clause states that facilities using or possessing chemicals—such as oil
and gas producers, refineries, chemical manufacturers, distributors and others—have a "general
duty" to identify hazards which may result from a chemical release and to take "necessary steps"
to prevent such releases.30
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. EPA published the final rule on June 20, 1996, and
the provisions became effective June 21, 1999.31
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 98.32
Reporting under the GHGRP occurs at the facility level. Each facility submits an annual report
that includes data collected for the previous calendar year. The regulation applies to direct
greenhouse gas emitters, fossil fuel suppliers, industrial gas suppliers, and facilities that practice
underground carbon dioxide injection. Reporting requirements under the GHGRP cover 8,000
facilities that produce approximately 50 percent of the total greenhouse gas emissions in the
United States. The GHGRP currently applies to facilities in 41 industrial categories; for calendar
30 "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.
31 59 FR 4493; 61 FR 31668.
32 74 FR 56259.
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year 2010, it applied to 29 categories; 12 additional categories were required to report in 2011.
EPA publishes the publicly available data that result from GHGRP reporting.33
Greenhouse gas reporting regulations are in 40 CFR Part 98. The regulations apply to chemical
manufacturing facilities, including adipic acid production facilities (Subpart E), ammonia
production facilities (Subpart G), fluorinated gas production facilities (Subpart L), hydrogen
production facilities (Subpart P), magnesium production facilities (Subpart T), nitric acid
production facilities (Subpart V), phosphoric acid production facilities (Subpart Z), and titanium
dioxide production (Subpart EE). All these facility types started reporting their greenhouse gas
emissions under the GHGRP in 2010, except for fluorinated gas production facilities and
magnesium production facilities, which started reporting in 2011.34
8. State Regulations
The following section briefly summarizes noteworthy state air pollution regulations that impose
requirements on chemical 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 chemical manufacturing industry.35
• 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.36 California identifies that areas in which transported air
pollutants from upwind areas cause or contribute to a violation of the state ambient air
quality standards for ozone.37 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. 38 California also requires GHG reporting,
verification, and other requirements for operators of certain facilities that directly emit
33 "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.
34 "GHGRP Power Plants," EPA, August 5, 2017, accessed September 18, 2018 at:
https ://www. epa. gov/ghgreporting/ghgrp-power-plants: "Learn About the Greenhouse Gas Reporting Program
(GHGRP)," EPA, October 2016, accessed September 18, 2018 at: https://www.epa.gov/ghgreporting/learn-about-
greenhouse-gas-reporting-program-ghgrp.
35 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.
36 17 CCR 701000-70201.
37 17 CCR § 70500
3817 CCR § 70600
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GHGs.39 17 CCR § 93001 defines the hazardous air pollutants designated to be toxic air
contaminants.40 CalARP adopts the federal Chemical Accident Prevention Provisions and
includes additions specific to California.41
• Florida requires owners and operators of facilities that emit or can reasonably be
expected to emit air pollutants to obtain authorization from the Florida Department of
Environmental Protection to conduct relevant operations through permitting programs.
Permitting programs include facility- and facility-feature-specific permit requirements,
requirements for public notice and comment, and unit-specific secondary emissions
limits.42 Florida also operates a permit program for major sources of air pollution,
including annual emissions fees and emissions trading to meet caps established by the
permit.43 State emissions standards for stationary sources set emission limits and
technology requirements for specific categories of facilities and units, such as sulfuric
acid plants and nitric acid plants.44
• Illinois established standards and limitations for emissions of organic material from
stationary sources.45 There are also permitting for major stationary sources in
nonattainment areas, requirements for these sources, and operating or major
modification.46 3 5 111. Adm. Code 203 and 35 111. Adm. Code 231 adopt federal
standards. 47 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.48 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.49 3 5 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.50 Finally, Illinois regulations establish a state program to
identify toxic air contaminants which may cause or significantly contribute to an increase
39 17 CCR § 95100-4
40 17 CCR § 93001
41 19 CCR § 2735.1
42F.A.C. 62-210.
43 F.A.C. 62-213.
44F.A.C. 62-296.
45 35 111. Adm Code 215
46 3 5 111. Adm. Code 203
47 3 5 111. Adm. Code 230 and 35 111. Adm. Code 231
48 35 111. Adm. Code 243
49 3 5 111. Adm. Code 270
50 3 5 111. Adm. Code 271
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in mortality or an increase in irreversible or incapacitating illness, or pose a significant
threat to human health.51
• New Jersey requires owners and operators of facilities that emit hazardous air pollutants
above certain threshold amounts to obtain operating permits.52
• An executive order issued by the governor of New York on August 6, 2009 called for an
80 percent reduction in greenhouse gas emissions from 1990 levels by 2050. Pursuant to
that goal, the executive order created a Climate Action Council and directed the council
to prepare a Climate Action Plan to inventory greenhouse gas emissions, identify actions
to reduce emissions, and identify the economic and lifecycle implications of greenhouse
gas reductions.53 State emissions limits apply to specific source categories, including
sulfuric acid plants, nitric acid plants, and synthetic organic chemical manufacturing
facilities.54 New York air quality standards are stricter than federal standards for criteria
pollutants and include standards for photochemical oxidants, non-methane hydrocarbons,
fluorides, beryllium, and hydrogen sulfide.55
• Ohio state regulations establish their own stringency standards requiring scheduled
maintenance of air pollution control equipment and require reporting of any air pollution
control equipment malfunction.56
• Pennsylvania regulations establish specific standards by contaminant, products, and
sources. Contaminants covered by standards include fugitive emissions, visible
emissions, sulfur compounds, odors, and nitrogen compounds; Pennsylvania also
operates a nitrogen oxide emission trading program.57 Pennsylvania standards by product
regulate architectural and industrial maintenance coatings, adhesives, sealants, primers,
and solvents.58 Finally, sources regulated by Pennsylvania air emission standards include
nitric acid plants, sulfuric acid plants, open burning operations, sources of volatile
organic compounds, mobile sources, and sources of nitrous oxide.59
51 35 111. Adm. Code 232.
52 N.J.A.C. 7:27-22.
53 9 CRR-NY 7.24.
54 6 CRR-NY III A.
55 6 NYCRR III B 257.
56 OAC 3475-15-06.
57 25 Pa. Code 123.
58 25 Pa. Code 130.
59 25 Pa. Code 129.
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• Texas air regulations require reporting of emissions events, set standards for
maintenance, start-up, and shutdown, and establish a voluntary supplemental leak
detection program for facilities that handle volatile organic compounds.60
B. Water Pollution
The regulations that address water pollution largely stem from the 1972 CWA and its subsequent
amendments. The CWA itself was, in fact, an amendment of the 1948 Federal Water Pollution
Control Act, but it was the 1972 legislation that created the modern water pollution regulatory
regime. The CWA implemented pollution control measures, including federal water quality
standards and industry wastewater and Effluent Limitation Guidelines (ELGs). These regulations
set standards for wastewater discharge on an industry-specific basis, identifying key processes
and materials to regulate within each industry. Additionally, the 1972 CWA established the
National Pollutant Discharge Elimination System (NPDES) permit program, which controls
point source discharges to surface water from industrial, municipal, and other commercial
sources. These facilities cannot discharge to surface water without an NPDES permit, and the
system made it illegal to discharge pollutants from point sources to navigable waters.61
In 1972, Congress also passed the Marine Protection, Research, and Sanctuaries Act, or the
Ocean Dumping Act. EPA published final rules pursuant to the act on January 11, 1977. The act
prohibited the transportation of material from the United States for the purposes of ocean
dumping, the transportation of material by American agencies or American vessels for the
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.62
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.
60 3 0 Tex. Admin. Code 101.
61 "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.
62 "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.
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The 1977 amendments to the CWA refocused the NPDES program from conventional pollutants
to toxic discharges.63
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.64
The CWA also revised the scope of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). The NCP sets a blueprint for responding to oil spills and hazardous
substance releases. At its inception in 1968, it only provided a comprehensive, federal system of
accident reporting, spill containment, and cleanup of oil spills. The CWA expanded the NCP's
scope to include hazardous substance releases, in addition to oil spills.65
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).66
The technological standards vary by whether 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
63 "A Brief Summary of the History of NPDES," EPA Region 1, accessed November 2, 2018 at:
https ://www3. epa. eov/re gionl /npdes/historv. html.
64 "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.
65 "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.
66 "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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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 have the ability to 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
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.67
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.68
EPA published industry specific effluent guidelines for pesticides in 1978, for inorganic
chemicals manufacturing in 1982, and for organic chemicals, plastics, and synthetic fibers in
1987.69 The pesticide guidelines include even more specific standards for organic pesticide
chemicals manufacturing and metallo-organic pesticide chemicals manufacturing.70 With respect
to organic chemicals manufacturing, EPA promulgated specific standards facilities that
manufacture benzene, polypropylene, polyvinyl chloride, rubber precursors, chlorinated solvents,
toluene, rayon, nylon, and polyester.71
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
67 "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.
68 "Learn About Effluent Guidelines," EPA, accessed November 2, 2018 at: https://www.epa. gov/eg/learn-about-
effluent-guidelines.
69 43 FR 17776; 47 FR 28278; 52 FR 42522.
70 43 FR 17776.
71 52 FR 42522.
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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 CFRPart 131 on November 18, 1983, effective
December 8, 1983.72 In 2015, EPA revised the federal water quality standard criteria to clarify
conditions that necessitate new or revised water quality standards, improve water use designation
procedures, promulgate triennial water quality standard review, strengthen anti-degradation
measures, structure deviations in water quality standards across waters with different designated
uses, and require state and tribal adoption and EPA approval of permit compliance schedules.73
2. Safe Drinking Water Act (1974)
Congress passed the Safe Drinking Water Act (SDWA) on December 16, 1974. Under the
SDWA, EPA implemented the UIC program to regulate and monitor the injection of materials
into the ground as part of waste disposal procedures. Specifically, the UIC program's goal is to
protect drinking water sources - meaning wells, aquifers, and other sources - from injection
disposal vectors. Through the UIC program, EPA establishes minimum standards that state
injection control programs must meet, approves of state control programs, and delegates
implementation authority to the states. The program categorizes injection wells into six classes:
industrial and municipal waste; oil and gas related wells, solution mining wells, shallow
hazardous and radioactive waste injection wells, wells that 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, 1983.74
3. Great Lakes Critical Programs Act (1990)
In 1990, Congress passed the Great Lakes Critical Programs Act. The act implemented parts of
the Great Lakes Water Quality Agreement, a 1978 pact between the United States and Canada to
reduce toxic pollutants in the Great Lakes, in part through the regulation of Great Lakes
watersheds. Title I of the Great Lakes Critical Programs Act required EPA to set water quality
72 "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.
73 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.
74 "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.
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standards within the Great Lakes watershed that limited 29 toxic pollutants to levels safe for
humans, wildlife, and aquatic life. Also under the authority of the act, EPA helped relevant states
establish water quality standards in line with legislative requirements.75 EPA ultimately
established regulations under the Great Lakes Critical Programs Act through 40 CFR Part 132 in
1995.76 Chemical manufacturing facilities in the Great Lakes Basin states of Minnesota,
Wisconsin, Illinois, Indiana, Michigan, Ohio, Pennsylvania, and New York constitute
approximately 29 percent of the total facilities in the United States.77
4. State Regulations
The following section briefly summarizes noteworthy state water pollution regulations that
impose requirements on chemical 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 chemical manufacturing industry.78
• Florida sets total maximum daily loads specific to each body of water that has been
impaired by a pollutant.79 Florida also implements its own permit programs for
stormwater management systems and wastewater facilities or activities that discharge to
waters of the state.80
• Georgia operates state permit programs for the treatment and discharge of waste to
waters of the state,81 wastewater to publicly owned treatment works,82 and pollutants to
land disposal or land treatment systems that discharge to waters of the state.83
• 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,
75 "History of the Clean Water Act," EPA, accessed September 26, 2018 at: https://www.epa.gov/laws-
regulations/historv-clean-water-act: 60 FR 15366.
76 60 FR 15366.
77 U.S. Census Bureau, 2016 County Business Patterns Data for NAICS 325, accessed July 27, 2018 at:
https://www.census.gov/programs-survevs/cbp/data/tables.html.
78 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.
79F.A.C. 62-304.
80F.A.C. 62-330; F.A.C. 62-620.
81 O.C.G.A. 391-3-6-.03
82 O.C.G.A. 391-3-6-.06
83 O.C.G.A. 391-3-6-.08.
84 3 5 111. Adm. Code 309, Subpart B.
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including specific provisions for mercury and cyanide. Restrictions and standards vary by
facility type.85
• New Jersey sets water-quality based effluent limitations for surface water - including
specific use designations and quality criteria for the Delaware River and Delaware Bay86
- and specific groundwater criteria standards.87
• New York regulations include state effluent limitations guidelines for surface and
groundwater quality.88
• 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).89 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.90
• Texas has surface water quality standards that include general and site-specific criteria,
as well as control procedures for toxic substances and total toxicity.91 Texas regulations
establish annual fees to be assessed against wastewater permit holders authorized to
discharge wastewater into or adjacent to waters of the state.92
C. Emergency Planning and Response
The emergency planning and response regulatory regime largely comprises three kinds of
regulations: safety and health standard regulations promulgated by OSHA; CERCLA response
action regulations; and Emergency Planning and Community Right-to-Know Act (EPCRA)
planning and notification regulations. These regulations include control and safety standards and
protocols put in place to prevent harmful or catastrophic releases, procedures to mitigate 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
85 35 111. Adm. Code 307.
"N.J.A.C. 7:913.
87 N.J.A.C. 7:9C.
88 6 CRR-NY X A 703.
89 25 Pa. Code 95.
90 25 Pa. Code 96.
91 30 Tex. Admin. Code 307.
92 3 0 Tex. Admin. Code 21.
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the genesis of the regulatory framework relevant to jobsite safety; OSHA has promulgated
regulations that focus on safety and health standards, emergency action plans, and emergency
response standards for facilities that handle hazardous materials or waste.
1. Occupational Safety and Health Act (1970)
Congress enacted the Occupational Safety and Health Act on December 29, 1970, with an
effective date of April 28, 1971. The act created OSHA, an administration under the Department
of Labor that over oversees workplace conditions through standards, training, outreach,
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 information on occupational fatalities and other workplace health and safety
matters since 1903. In 1934, the Department of Labor founded the Bureau of Labor Standards
with the primary goal of promoting workplace health and safety, as well as aiding states
administer laws pursuant to that goal. Upon the creation of OSHA in 1970, the Department
shifted this purpose from the Bureau of Labor Standards to OSHA.93
OSHA published its initial standards 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.94 Eventually, OSHA's industry specific
standards comprised regulations for general industry, construction, maritime, and agriculture.95
In the early 1970s, OSHA followed a "worst-case first" approach and implemented regulations
that sought to prevent catastrophic accidents and address the most dangerous and unhealthful
workplace conditions. These worst-case regulations also set protocols for the investigation of
major workplace incidents.96
In 1972, OSHA established the OSHA Training Institute. The institute trained compliance
officers and stakeholders on safety and health topics. In the same year, the administration also
93 "About OSHA," OSHA, accessed September 26, 2018 at: https://www.osha.gov/about.html: U.S. Department of
Labor, Occupational Safety and Health Administration, Reflections on OSHA's History, January 2009, accessed
September 26, 2018 at: https://www.osha.gov/historv/OSHA HISTORY 3360s.pdf.
94 U.S. Department of Labor, Occupational Safety and Health Administration, Reflections on OSHA's History,
January 2009, accessed September 26, 2018 at: https://www.osha.gov/historv/OSHA HISTORY 3360s.pdf.
95 "At-a-Glance: OSHA," OSHA, accessed November 7, 2018 at: https://www.osha.gov/Publications/3439at-a-
glance.pdf.
96 3 6 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.
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promulgated standards that limited the permissible exposure limit of employees to asbestos
fibers.97
Altogether, OSHA standards set legal requirements for employers to protect their employees
from hazards. Through the administration of the regulations it has promulgated and its ongoing
oversight of workplace safety, OSHA attempts to ensure that workplace conditions 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
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.98
The 1970 Occupational Safety and Health Act also created the National Institute for
Occupational Health and Safety (NIOSH). NIOSH is under the Centers for Disease Control and
Prevention within the U.S. Department of Health and Human Services. It is a federal research
agency tasked with making recommendations to enforcement agencies to prevent worker injury
and illness. NIOSH works with private industry through the National Occupational Research
Agenda (NORA). The NORA program has generated research in health hazard evaluations,
fatality investigations, and respirators and protective clothing, including research in the
manufacturing and utilities sectors. 99
In addition to its recommendations to enforcement agencies, NIOSH also distributes educational
materials and develops training programs. NIOSH has released extensive materials that identify
specific hazards related to chemicals, industries, or industrial processes, which the institute refers
to as Criteria Documents. NIOSH develops Criteria Documents to serve as the basis for
comprehensive safety and health standards to be implemented and administered by OSHA.
These publications include hazard criteria and guidelines for engineering controls and work
practices, and proposed development of standards. There are Criteria Documents for industrial
practices such as the manufacture of paint and allied coating products and the manufacture and
formulation of pesticides. NIOSH also distributes materials such as guides to chemical hazards,
97 U.S. Department of Labor, Occupational Safety and Health Administration, Reflections on OSHA's History,
January 2009, accessed September 26, 2018 at: https://www.osha.gov/historv/OSHA HISTORY 3360s.pdf.
98 "At-a-Glance: OSHA," OSHA, accessed November 7, 2018 at: https://www.osha.gov/Publications/3439at-a-
glance.pdf.
99 "Fact Sheet: National Institute for Occupational Safety and Health," NIOSH, accessed November 7, 2018 at:
https://www.cdc.gov/niosh/docs/2013-140/pdfs/2013-140.pdf?id= 10.26616/NIOSHPUB2Q13140: "NIOSH
Programs," NIOSH, accessed November 7, 2018 at: https ://www. cdc. gov/niosh/pro grams .html.
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Current Intelligence Bulletins on specific workplace hazards, and summaries of findings
regarding workplace safety and hazards published by international research bodies.100
On March 6, 1989, OSHA promulgated the Hazardous Waste Operations and Emergency
Response standards (HAZWOPER). The standards went into effect one year later, on March 6,
1990. OSHA added to the HAZWOPER standards in response to the Superfund Amendments
Reauthorization Act (SARA) of 1986, which authorized the issuance of regulations that protect
workers who engage in hazardous waste operations. HAZWOPER addresses the health and
safety risks to workers of unexpected releases or the threat of releases of hazardous substances
that may accompany operational failures, natural disasters, or waste dumped in the environment.
OSHA promulgated the standards to ensure the safe and effective management and cleanup of
unexpected releases of hazardous substances. HAZWOPER establishes requirements for
emergency response and cleanup at jobsites, including the notification and preparation of
emergency response workers. The regulations require employers to develop a written program
for their employees to address hazards and provide for emergency response actions, including an
organizational structure, comprehensive work plan, training programs, and medical surveillance
program.101
With respect to workplace management of hazardous substances, OSHA promulgated Process
Safety Management (PSM) standards through a final rule that it published on February 24, 1992.
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.102
100 "Chemical Hazards and Toxic Substances: Hazard Recognition," OSHA, accessed November 7, 2018 at:
https://www.osha.gov/SLTC/hazardoustoxicsubstances/hazards.html: "NIOSH Numbered Publications: Criteria
Documents," NIOSH, accessed at: https://www.cdc.gov/niosh/pubs/criteria date desc nopubnumbers.html.
101 54 FR 9294; "Hazardous Waste Operations and Emergency Response (HAZWOPER)," OSHA, accessed
September 26, 2018 at: https://www.osha.gov/SLTC/emergencvpreparedness/hazwoper/index.html.
102 "Process Safety Management," OSHA, accessed September 19, 2018 at:
https://www.osha.gov/Publications/osha3132.html: 57 FR 6403.
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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.103
On November 30, 2011, OSHA initiated the Chemical Plant National Emphasis Program (NEP)
under its PSM regulations. Through the NEP, OSHA conducts 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.104
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 (NEP A). 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.105
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
103 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.
104 "OSHA Issues New National Emphasis Program for Chemical Facilities," OSHA, November 30, 2011, accessed
November 29, 2018 at: https://www.osha.gOv/news/newsreleases/trade/l 1302011-0.
105 43 FR 55990.
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renewed and since 1996, EPA has increasingly relied on appropriations from the government's
general fund to supplement declining revenues to the Superfund trust.106
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 used oil and some other petroleum products, which are to be to be included
as CERCLA hazardous substances.107 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.108
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
effects the immediate removal of dangerous substances from public sites to prevent further
expansion of hazardous substances to the environment. Long-term remedial response actions
occur through EPA's Superfund Remedial Program and require site evaluations and maintenance
106 "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.
107 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.
108 50 FR 13474; "Consolidated List of Lists under EPCRA/CERCLA/CAA §112(r) (March 2015 Version)," EPA,
accessed November 7, 2018 at: https://www.epa.gov/epcra/consolidated-list-lists-under-epcracerclacaa-ssll2r-
march-2015-version: "Superfund: CERCLA Overview," EPA, accessed September 26, 2018 at:
https://www.epa.gov/superfund/superfund-cercla-overview: "EPA's Role in Emergency Response," EPA, accessed
November 7, 2018 at: https://www.epa.gov/emergencv-response/epas-role-emergencv-response.
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after the completion of cleanup until EPA determines that the site no longer poses a risk of
potential releases.109
The 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.110
In conjunction with the NPL, CERCLA created the Hazard Ranking System (HRS). HRS is a
screening system that EPA uses to determine the risk posed by hazardous substance releases
from uncontrolled hazardous waste sites to human health and the environment. EPA makes risk
assessments under the HRS using preliminary assessments (or PAs) and, if the PA concludes that
further action is needed, site inspections (Sis) of a site. The results of the SI form the basis for a
site's score on the HRS, which EPA consults when deciding whether to place a site on the NPL.
The HRS assigns numerical scores to three factors that are the subject of the SI: likelihood that a
site has released or has the potential to release hazardous substances into the environment;
toxicity and quantity of the waste at the site; and people or sensitive environments that a release
affects or may affect. Further, the HRS considers four possible migratory paths on which releases
may travel from the site: ground water migration; surface water migration; soil exposure, and air
migration. The HRS score combines a site's score for each of three risk factors and they pertain
to release through the four contamination pathways. EPA does not use HRS to determine a site's
priority on the NPL, just its addition to the list.111
109 "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.
110 "Superfund: National Priorities List (NPL)," EPA, accessed November 7, 2018 at:
https://www.epa.gov/superfund/superfund-national-priorities-list-npl: "Superfund: CERCLA Overview," EPA,
accessed September 26, 2018 at: https://www.epa.gov/superfund/superfund-cercla-overview: "National Oil and
Hazardous Substances Pollution Contingency Plan (NCP) Overview," EPA, accessed November 7, 2018 at:
https://www.epa.gov/emergencv-response/national-oil-and-hazardous-substances-pollution-contingencv-plan-ncp-
overview.
111 "Introduction to the Hazard Ranking System (HRS)," EPA, accessed November 7, 2018 at:
https://www.epa.gov/superfund/introduction-hazard-ranking-svstem-hrs: 55 FR 51532; U.S. Environmental
Protection Agency, Office of Solid Waste and Emergency Response, Hazard Ranking System Guidance Manual,
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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).112 In addition
to the SAA, EPA may also transfer oversight of a site from the Superfund program to state
cleanup programs by placing remediation at the site in the Other Cleanup Activity program.
4. Superfund Amendments Reauthorization Act (1986)
In 1984, a Union Carbide plant in Bhopal, India accidentally released methyl isocyanate, which
resulted in the exposure of over 500,000 individuals to the hazardous substance and over 2,000
severe injuries or fatalities. In response to the Bhopal disaster, Congress amended CERCLA
through SARA, which it passed on October 17, 1986. The SARA legislation responded to issues
that EPA had identified with CERCLA over the course of the program's initial administration.
SARA increased the size of the Superfund trust from $1.6 billion to $8.5 billion, emphasized
permanent remediation strategies and treatment technologies at hazardous waste sites, provided
EPA enforcement authorities and settlement tools, increased state involvement, and revised
EPA's HRS so that its score criteria focused on the human health effects of hazardous waste
sites. Title III of SARA comprised the EPCRA. To reduce the possibility of a widespread
environmental catastrophe like Bhopal taking place in the United States, EPCRA imposed
emergency planning, reporting, and notification requirements related to hazardous and toxic
chemicals. The reporting and notification components of the law - the "Community Right-to-
Know" provisions - focused on ensuring that the public had access to information about the
presence, uses, and releases of chemicals at facilities. The reporting and notification
Publication 9345.1-07, November 1992, accessed November 7, 2018 at:
https://semspub.epa.gov/work/HO/189159.pdf: 55 FR 51532.
112 Elliott J. Gilberg, Director of the Office of Site Remediation Enforcement, and James E. Woolford, Office of Site
Remediation and Technology Innovation, "Memo, re: Transmittal of Updated Superfund Response and Settlement
Approach for Sites using the Superfund Alternative Approach (SAA) Guidance," September 2018, 2012, accessed
March 22, 2018; at https://www.epa.gov/sites/production/files/documents/rev-saa-2012-mem.pdf.
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requirements also enabled state and local authorities to improve safety and response protocols to
better protect public health and the environment.113
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.114
On April 17, 2013, a fertilizer distribution and storage facility in West, Texas that housed 30 tons
of ammonium nitrate caught fire and exploded, leading to the deaths of 15 emergency
responders, 260 injuries, and the destruction of much of the town of West.115 In response, on
August 1, 2013, President Obama issued Executive Order - Improving Chemical Facility Safety
and Security.116 The executive order called for the creation of an interagency working group that
involved representatives from the Department of Homeland Security, OSHA, EPA, the
Department of Justice, the Department of Transportation, the Bureau of Alcohol, Tobacco, and
Firearms, and the Department of Agriculture. The working group generated a Federal Action
Plan to strengthen community planning and preparedness, enhance federal operational
coordination between agencies, improve data management, modernize policies and regulations,
and incorporate stakeholder feedback. Pursuant to these goals, the working group released
training modules at the state and local level to improve preparedness and compiled government
113 "What is EPCRA?," EPA, accessed September 26, 2018 at: https://www.epa.gov/epcra/what-epcra: "Superfund:
CERCLA Overview," EPA, accessed September 26, 2018 at: https://www.epa.gov/superfund/superfund-cercla-
overview ; "The Superfund Amendments and Reauthorization Act (SARA)," EPA, accessed November 7, 2018 at:
https://www.epa.gov/superfund/superfund-amendments-and-reauthorization-act-sara.
114 "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.
115 V. Babrauskas, "The Ammonium Nitrate Explosion at West, Texas: A Disaster That Could Have Been Avoided,"
Fire and Materials 42, No. 2 (2018): 164-172.
116 The White House Office of the Press Secretary, Executive Order - Improving Chemical Facility Safety and
Security, EO 13650, August 1, 2013, accessed November 29, 2018 at: https://obamawhitehouse.archives.gov/the-
press-office/2013/08/01/executive-order-improving-chemical-facilitv-safetv-and-securitv.
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approved training courses for first responders and emergency planners, created a pilot program in
New York and New Jersey to generate standard operating procedures for chemical facility risk
response and operational coordination, and completed the integration of 300,000 records of
chemical facility datasets.117 Working group agencies performed initial regulatory investigations
and released annual fact sheets; the last fact sheet was released in 2015.118 EPA also proposed
amendments to its RMP regulations, which were published on December 3, 2018.119
5. State Regulations
The following section briefly summarizes noteworthy state emergency planning and response
regulations that impose requirements on chemical 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 chemical manufacturing
industry.120
• Florida sets state level criteria for cleanup and rehabilitation of sites contaminated with
pollutants, hazardous substances, dry-cleaning solvents, and petroleum.121
• Illinois 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 transportation incident, a hazardous material.122 Illinois also sets
guideline for coordination activities between industry and local emergency preparedness
planning and emergency response agencies to develop and annually review chemical
safety contingency plans and procedures.123 Illinois has also enacted the Illinois
Hazardous Substances Pollution Contingency Plan program to effectuate the response
117 "Fact Sheet: Actions to Improve Chemical Safety and Security," Federal Interagency Working Group, 2015,
accessed November 29, 2018 at: https://www.osha.gov/chemicalexecutiveorder/EQ13650FS-
ImprovingChemicalFacilitvSafetv.pdf: "How to Better Prepare Your Community for a Chemical Emergency: A
Guide for State, Tribal, and Local Agencies," EPA, accessed November 29, 2018 at:
https://www.epa.gov/epcra/how-better-prepare-vour-communitv-chemical-emergencv-guide-state-tribal-and-local-
agencies.
118 "Executive Order on Improving Chemical Facility Safety and Security," EPA, accessed November 29, 2018 at:
https://www.epa.gov/rmp/executive-order-improving-chemical-facilitv-safetv-and-securitv.
119 "Final Amendments to the Risk Management Program (RMP) Rule," EPA, accessed November 29, 2018 at:
https ://www. epa. gov/rmp/final-amendments-risk-management-pro gram-rmp-rule: "Risk Management Plan (RMP)
Delay Rule Vacatur," EPA, accessed August 28, 2019 at: https://www.epa.gov/rmp/risk-management-plan-rmp-
delav-rule-vacatur.
120 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.
121 F.A.C. 62-780.
122 29 111. Adm. Code 430.
123 29 111. Adm. Code 610.
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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.124
D. Hazardous Substances Management
Hazardous substances management regulations address the storage and transportation of
CERCLA hazardous substances. These regulations are implemented by EPA, OSHA, and the
Pipeline and Hazardous Materials Safety Administration (PHMSA), an office within the
Department of Transportation. The regulations address the registration and reporting of
hazardous substances that are manufactured or produced through industrial processes, preventing
releases or mitigating the harm caused by releases of hazardous substances, safety and
catastrophe prevention for facilities that handle hazardous substances, and provide standards that
govern the transportation of hazardous substances. EPA implements hazardous substances
management regulations largely under the authority of the Toxic Substances Control Act (TSCA)
and the Pollution Prevention Act (PPA), while the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) addresses issues surrounding the manufacture and distribution of
pesticides. 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.125 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
124 35 111. Admin. Code 750
125 "About the Office of Chemical Safety and Pollution Prevention," EPA, accessed November 11, 2018 at:
https://www.epa.gov/aboutepa/about-office-chemical-safetv-and-pollution-prevention-ocspp.
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substances listed in the TSCA Inventory, which currently contains more than 83,000
chemicals.126
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.
EPA tracks existing chemical substances in use or in the marketplace in the Chemical Substance
Inventory. Through the Chemical Substance Inventory, EPA compiles, keeps current, and
publishes a list of each chemical substance that is manufactured, imported, or processed. EPA
created the Chemical Substance Inventory through a rule that was effective January 1, 1978,
which required industry to report the chemical substances that had been in use or in commerce
since January 1975. EPA subsequently published the initial Chemical Substance Inventory in
1979 based on that reporting, and periodically updated the inventory since then. The most recent
version of the inventory, published in 2017, lists approximately 85,000 chemical substances. The
Chemical Substance Inventory designates substances as "existing" if the substance is in the
inventory; substances not in the inventory are "new chemical substances" and notice must be
given to EPA so that the agency can review the new chemical and add it to the inventory before
the applicant introduces the chemical in use or to the marketplace. The Chemical Substance
Inventory also adds "flags" to substances for which there are manufacturing or use
1 97
restrictions.
In addition to the Chemical Substance Inventory, EPA also implemented the Chemical Data
Reporting Program and the New Chemicals Review Program, also under the authority of TSCA.
Both programs aid EPA in assessing the risks to human health and the environment posed by
new chemical substances.
The New Chemicals Review Program is the system by which EPA evaluates "new chemical
substances" that are not on the Chemical Substance Inventory to assess their risk profile. Ninety
days before manufacturing or importing a new chemical substance, the manufacturer or importer
must submit a Premanufacture Notice (PMN) for the substance, which includes the information
126 "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.
127 "About the TSCA Chemical Substance Inventory," EPA, accessed September 19, 2018 at:
https://www.epa.gov/tsca-inventorv/about-tsca-chemical-substance-inventory: "Basic Information for the Review of
New Chemicals," EPA, accessed November 26, 2018: https://www.epa.gov/reviewing-new-chemicals-under-toxic-
substances-control-act-tsca/basic-information-review-new: 48 FR 21742.
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necessary for EPA to conduct a risk and use evaluation. Based on the PMN, EPA determines the
conditions and restrictions under which the substance may be manufactured and/or imported.
Once EPA completes its review of the PMN, the applicant may begin importation or
manufacture of the substance but must also submit a Notice of Commencement of Manufacture
or Import to EPA within 30 days of the start of the introduction of the chemical. Upon receipt of
the Notice of Commencement of Manufacture or Import, EPA adds the substance to the
Chemical Substance Inventory, designates it as "existing," and adds flags regarding the
manufacture or use restrictions that EPA determined to be appropriate in its PMN review.128
The Chemical Data Reporting Program requires manufacturers or importers who introduce
chemical substances into the marketplace over a certain annual threshold, generally 25,000
pounds, to provide information on its manufacture or importation of the substance to the EPA.
EPA collects these data every four years. The data include information about the manufacture,
import, processing, and consumer and/or commercial use of the substance. With these data on
large quantity chemical substances, EPA conducts risk screening, risk assessment, priority
setting, and management activities through which EPA analyzes the chemicals present in large
quantities, their uses, and resultant potential exposure. Information on chemicals present in large
quantities allows EPA to identify significant human health and environmental risks and prepare
contingencies. EPA also publishes non-confidential information about the substances included in
the Chemical Data Reporting Program submissions.129
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 1976 TSCA also prohibited the sale, distribution,
and transfer of elemental mercury by Federal government agencies. In 1986, Congress passed the
Asbestos Hazardous Emergency Response Act, an amendment to TSCA that modified EPA
regulations regarding inspections, response actions, post-response actions, and labeling of
asbestos-containing materials in school buildings. Two years later, in another separate title under
TSCA, Congress established a long-term goal to lower indoor radon levels to or below ambient
levels. In 1992, Congress enacted another amendment to TSCA that created a program to
eliminate lead-based paint hazards from housing.130
128 "About the TSCA Chemical Substance Inventory," EPA, accessed September 19, 2018 at:
https://www.epa.gov/tsca-inventorv/about-tsca-chemical-substance-inventory: "Basic Information for the Review of
New Chemicals," EPA, accessed November 26, 2018: https://www.epa.gov/reviewing-new-chemicals-under-toxic-
substances-control-act-tsca/basic-information-review-new.
129 "Basic Information for Chemical Data Reporting," EPA, accessed September 19, 2018 at:
https://www.epa.gOv/chemical-data-reporting/basic-information-chemical-data-reporting#what: 76 FR 54933.
130 "Toxic Substances Control Act (TSCA) and Federal Facilities," EPA, accessed October 12, 2018 at:
https://www.epa.gov/enforcement/toxic-substances-control-act-tsca-and-federal-facilities: "EPA Formaldehyde
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2. Frank R. Lautenberg Chemical Safety for the 21st Century Act (2016)
The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), which
Congress passed on June 22, 2016, amends TSCA. EPA is in the process of implementing
regulations pursuant to the Lautenberg Act. The Lautenberg Act requires EPA to designate
chemicals already on the Chemical Substance Inventory as either "high" or "low" priority, and
then conduct risk evaluations of high priority substances under a new risk standard with a
deadline for evaluation completion. EPA may shift substances that it initially designates as low
priority to high priority upon review of additional information or as new manufacturing,
processing, or use processes emerge. The new risk standard, which EPA also applies to PMN
reviews, replaces the risk and benefit analysis that EPA used under the old TSCA with a safety
standard that determines whether the substance poses an "unreasonable" risk, regardless of its
use and potential benefit. The new standard also requires EPA to consider the risks to susceptible
and highly exposed populations. If EPA identifies an unreasonable risk, it must take a risk
management action, such as ban or phase out of the substance, within two years of identification,
and it must implement the selected risk management action within five years. EPA must also
publish annual reports on its ongoing risk evaluations.131
The Lautenberg Act also added designations to the Chemical Substance Inventory. Shortly after
the Lautenberg's Act passage, EPA issued a rule that required industry to report all of the
chemicals manufactured, imported, or processed in the United States for the ten years prior to the
passage of the act, from June 21, 2006 to June 21, 2016. The reporting periods for manufacturers
and processors ended in 2018. Based on the results of this reporting, when EPA publishes future
versions of the Chemical Substance Inventory, it will include a designation for each chemical
substance of either "active," meaning that the chemical was manufactured, processed, or
imported in the preceding ten years, or "inactive," meaning that it was not in use during that
period. The designation of active chemical substances will support EPA's identification of high
priority substances that will undergo risk evaluation.132
Standards for Composite Wood Products," GSA, accessed November 26, 2018 at: https://www. gsa. gov/about-
us/organization/federal-acauisition-service/office-of-general-supplies-and-services/integrated-workplace-
acauisition-center/epa-formaldehvde-standards-for-composite-wood-products.
131 "The Frank R. Lautenberg Chemical Safety for the 21st Century Act Implementation Activities," EPA, accessed
October 12, 2018 at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-
chemical-safetv-21 st-centurv-act-5' "Highlights of the Key Provisions in the Frank R. Lautenberg Chemical Safety
for the 21st Century Act," EPA, accessed October 12, 2018 at: https://www.epa.gov/assessing-and-managing-
chemicals-under-tsca/highlights-kev-provisions-frank-r-lautenberg-chemical.
132 "TSCA Inventory Notification," EPA, accessed September 19, 2018 at: https://www.epa.gov/tsca-inventorv/tsca-
inventorv-notification-active-inactive-rule: 82 FR 37540.
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3. Pollution Prevention Act (1990)
The PPA, which Congress passed in 1990, created a national policy framework to focus industry,
government, and public attention on pollution and to prevent or reduce pollution at the source - a
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.133
4. Federal Insecticide, Fungicide, and Rodenticide Act (1947)
Pesticides are outside the scope of TSCA's regulatory authority; EPA explicitly regulates
pesticides under the authority of FIFRA. Congress initially enacted FIFRA in 1947, which itself
updated the Federal Insecticide Act of 1910. The 1910 legislation had prevented the
manufacture, sale, or transportation of mislabeled pesticides, and authorized federal regulation of
pesticides. FIFRA expanded pesticide regulation to include pesticide registration and further
discourage misrepresentative labeling practices. However, the modern pesticide regulatory
framework came into being with the 1972 Federal Environmental Pesticide Control Act, which
further amended FIFRA. Two years prior, administration of FIFRA had passed from the United
States Department of Agriculture to the EPA, which implemented regulations pursuant to the
1972 amendment.134
The 1972 amendment required EPA to establish several key programs which form the core of
current pesticide regulations. The amendments further granted EPA the enforcement authority to
stop the distribution and remove from use any pesticide the agency finds to be in violation of
FIFRA. The amendments created registration procedures for pesticides, including data
requirements, agency review protocols, and substance classification. In order to obtain
registration, manufacturers and distributors must submit the pesticide's ingredients, its target
133 "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.
134 Kevin McElroy, Josh J. Kardisch, and Joseph J. Ortego, "The Federal Insecticide, Fungicide, and Rodenticide
Act: Preemption and Toxic Tort Law," Fordham Environmental Law Review 2, No. 1 (2011): 29-51; "Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Federal Facilities," EPA, accessed October 17, 2018 at:
https://www.epa.gov/enforcement/federal-insecticide-Iungicide-and-rodenticide-act-fifra-and-federal-facilities.
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crop, use practices, and storage and disposal practices. The review includes a determination
regarding the pesticide's potential to cause unreasonable adverse effects on the environment.
Classification procedures involve the categorization of pesticide components as active or inert.
All pesticides must renew their registration every 15 years. Following registration, EPA has the
authority to initiate special review procedures if information comes to light that the use of a
pesticide may cause unreasonable adverse effects on the environment. FIFRA's labeling
requirements were expanded to include clear identifying information, contents and
manufacturing information, precautionary information about pesticide use, and potential risks to
human health and the environment. Pursuant to the latter requirements, FIFRA regulations
require that pesticide labels contain information and language about human and chemical
hazards, toxicity, first aid procedures, child hazards, and environmental hazards such as potential
harm to non-target organisms. Regulations under FIFRA also cover the management and
disposal of pesticides through standards and requirements for containers, repackaging procedure,
and the use of containment structures.135
In addition to registration and reporting requirements for pesticide products, FIFRA regulations
also establish registration and reporting requirements for pesticide manufacturing facilities. Any
establish that produces pesticide products or substances used as active ingredients in pesticides
must provide facility and company information to EPA upon registration. Relevant facilities
must also submit annual reports to EPA that detail the amount of pesticide product produced and
distributed each year, as well as production estimates for the following year. In connection with
the compilation of annual, facilities must keep production, distribution and sale, shipment,
inventory, and testing records.136
The 2003 Pesticide Registration Improvement Act (PRIA) further amended FIFRA, and was
renewed by Congress in 2007 and 2012. PRIA legislation created a registration fee service
system, established partnership grants, and created deadlines for the EPA registration application
evaluation and decision process.137
135 5 3 FR 15975; 50 FR 49001; 40 FR 28268; 71 FR 47422; "Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and Federal Facilities," EPA, accessed October 17, 2018 at: https://www.epa.gov/enforcement/federal-
insecticide-fungicide-and-rodenticide-act-fifra-and-federal-facilities: "About Pesticide Registration," EPA, accessed
November 26, 2018 at: https://www.epa.gov/pesticide-registration/about-pesticide-registration.
136 53 FR 35058; 45 FR 54338; "Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Federal
Facilities," EPA, accessed October 17, 2018 at: https://www.epa.gov/enforcement/federal-insecticide-fungicide-and-
rodenticide-act-fifra-and-federal-facilities.
137 "About Pesticide Registration," EPA, accessed November 26, 2018 at: https://www.epa.gov/pesticide-
registration/about-pesticide-registration: "PRIA Overview and History," EPA, accessed November 11, 2018 at:
https://www.epa.gov/pria-fees/pria-overview-and-historv.
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5. 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 or property as hazardous materials for the purposes of the act. HTMA
empowers the Department of Transportation to implement packaging requirements, operational
rules, and safety and preventative procedures and policies for transporters of designated
hazardous materials.138
Congress amended HTMA with the Hazardous Materials Uniform Safety Act of 1990
(HMTUSA). In part, HMTUSA rationalized a conflicting set of state, local, and federal
hazardous material transportation regulations. HMTUSA reaffirmed the Department of
Transportation's authority to designate hazardous materials and promulgate regulations for the
transportation of those materials in intrastate, interstate, and foreign commerce. Further, through
subsequent regulations implemented under the authority of HMTUSA, the Department of
Transportation standardized federal and state highway routing regulations, created a federal
permitting system for hazardous material transporters, and regulated the transportation of
radioactive materials.139
6. 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
138 "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.
139 "Transporting Hazardous Materials," OSHA, accessed November 11, 2018 at:
https://www.osha.gov/SLTC/trucking industrv/transportinghazardousmaterials.html.
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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.140
7. State Regulations
The following section briefly summarizes noteworthy state hazardous substances management
that impose requirements on chemical 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 chemical manufacturing industry.141
• California has state level standards for the use, handling, and storage of hazardous
substances.142 The state also has requirements for the prevention or minimization of
consequences of catastrophic releases of toxic, reactive, flammable, or explosive
chemicals, which apply to processes that involve chemicals above certain thresholds or
flammable gas or liquids at above certain temperatures.143
• Illinois regulates the shipping, packaging, marking, labeling, placarding, handling, and
transportation of hazardous materials, establishing minimum standards that must be
complied with in conjunction with the transportation of hazardous materials.144
• New Jersey hazardous substance discharge regulations set forth guidelines and
procedures to be followed by all persons in the event of a discharge of a hazardous
substance. They also set forth certain registration, reporting, design, operational, and
maintenance requirements for owners and operators of major facilities and transmission
pipelines which handle hazardous substances.145
140 "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.
141 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.
142 8 CCR 5160.
143 8 CCR 5189.
144 92 111. AdmCode 173.
145 N.J.A.C. 7:IE.
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• New York regulations establish criteria for identifying a hazardous substance, a list of
such substances, and reportable quantities for the spill or release of hazardous substances.
The regulations require reporting of hazardous substance releases and prohibits the
unauthorized release of a hazardous substance.146
• Pennsylvania prescribes method for the packing, loading, and unloading of hazardous
materials. The regulations also specify the marking, inspection, condition, and equipment
of vehicles transporting hazardous materials, driver qualifications, and other standards
related to vehicles transporting hazardous materials.147
• Texas requires employers to provide information regarding hazardous chemicals in the
workplace to employees who are at risk of exposure to those chemicals.148
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.149
146 6 CCR VE 597.
147 67 Pa. Code 403.
148 6 Tex. Admin. Code 502.
149 "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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1. Resource Conservation and Recovery Act (1976)
RCRA included broad policy goals to protect human health and the environment from the
potential hazards of waste disposal, conserve energy and natural resources, reduce waste
generation, and ensure that waste management practices are environmentally sound. Pursuant to
these goals, RCRA established a hazardous waste disposal program under Subtitle C, a solid
waste program for industrial and municipal solid waste under Subtitle D, and an underground
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.150
EPA's first significant rulemaking under RCRA was its implementation of the hazardous waste
and consolidated permit regulations, which EPA published on May 19, 1980, with an effective
date of November 19, 1980. These regulations included the identification of hazardous wastes
that would be regulated under RCRA Subtitle C. They also established standards for generators
of hazardous waste, transporters of hazardous waste, and operators of hazardous waste 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.151
Additionally, the 1980 RCRA regulations created permitting programs for hazardous waste
generators, transporters, and TSDFs. The TSDF permitting programs include application
procedures, permit approval conditions, and monitoring and reporting requirements. Operators
that handle and manifest hazardous waste at any point in its lifecycle are to notify EPA of these
activities. TSDFs must have permits for the entirety of the active life of the permitted unit,
including during closure. RCRA permit applications have two parts: a standardized form (Part
A), and a narrative document (Part B). New hazardous waste management facilities must submit
both parts of the application at least 180 days before the commencement of construction and/or
hazardous waste management activities.152
Less than three years later January 26, 1983, EPA promulgated standards under RCRA Subtitle
C for hazardous waste TSDFs. RCRA authorized standards for specific disposal units and
systems, which are implemented under Standards for Owners and Operators of Hazardous Waste
Storage Treatment and Disposal Facilities at 40 CFR Part 264. These standards cover
containment buildings in Subpart DD, containers - such as drums - in Subpart I, and tank
i5° "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.
151 45 FR 33063; 47 FR 15047.
152 45 FR 33063.
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systems in Subpart J. The standards also set requirements for hazardous waste TSDF emergency
procedures in Subpart E, closure and post-closure practices in Subpart G, and financial assurance
requirements in Subpart H. EPA implements hazardous waste TSDF 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.153
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
that established standards and restrictions for land disposal of hazardous waste. While the
regulations generally 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 are 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.154
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: 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,
1986.155
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.156
153 47 FR 32357.
154 51 FR 40572.
155 51 FR 40572.
156 51 FR 164444
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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
storage tank owners and operators. In the same notification, EPA established guidelines for the
approval of state underground storage tank programs.157
2. State Regulations
The following section briefly summarizes noteworthy state hazardous waste disposal and
management that impose requirements on chemical 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 chemical
manufacturing industry.158
• California requires land covenant upon facility closure, corrective action, remedial or
response action, or any other response action when hazardous materials, hazardous
wastes or constituents, or hazardous substances remain at the property in levels exceeding
suitable use standards.159 California also requires financial responsibility for owners and
operators of underground storage take, which includes an Underground Storage Tank
Cleanup Fund that funds eligible corrective actions.160 For producers of extremely
hazardous waste, California operates an Extremely Hazardous Waste Permit system.161
California's Division of Oil and Gas, within the Department of Conservation, has
approval authority over subsurface injection and disposal programs.162
• Florida sets requirements for above ground and underground storage tank systems that
store regulated substances in order to minimize the occurrence and environmental risk of
releases and discharges, which include provisions for regular compliance inspections.
157 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-reauirements-final-rule-and-underground-storage-tanks.
158 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.
159 22 CCR 67391.
160 23 CCR 2803.
161 22 CCR 67430.
162 26 CCR 14-1724.6.
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Florida also maintains a permitting system for underground injection wells, which
includes well classifications and public notice requirements, as well as monitoring
requirements. Additionally, Florida establishes standards for the construction, operation,
and closure of solid waste management facilities, including permit fees, requirements and
criteria for landfill construction, hydrogeological and geotechnical investigation
requirements, water quality monitoring requirements, long-term care requirements and
procedures, and financial assurance requirements that stipulate the submission of closure
and corrective action cost estimates.163
• 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.164 Illinois also sets basic minimum
standards governing the acceptable management of hazardous waste in conjunction with
the RCRA permitting program.165 Illinois identifies and prohibits certain hazardous
wastes that are restricted from land disposal and disposal in landfills, including separate
chemical waste landfill standards.166 Additionally, Illinois establishes standards for newly
constructed solid waste landfills, including separate standards for solid waste landfills,
recordkeeping requirements, and financial assurance requirements.167
• New Jersey's underground storage tank regulations implement registration requirements,
technical requirements, reporting requirements, certification requirements, and corrective
action requirements, and establish financial responsibility requirements to compensate
third parties for bodily injury and property damage caused by a discharge from an
underground storage tank system.168
• New York hazardous waste storage regulations relate to underground and aboveground
tank systems, recordkeeping, maintenance and repair of facilities, closure, financial
responsibility, operator training, and release reporting, investigation, confirmation, and
corrective action.169 New York has state-level regulations applicable to hazardous waste
transporters that include requirements for registration, permits, and recordkeeping and
reporting.170 New York regulations establish criteria for identifying the characteristics of
163 F.A.C. 62-701; 43.7047, F.S.
164 35 111. Adm. Code 730.
165 35 111. Adm. Code 724.
166 35 111. Adm. Code 724 and 35 111. Adm. Code 729.
167 35 111. Adm. Code 811.
168 N.J.A.C. 7:14B.
169 6 CCR VE 598.
170 6 CRR-NYIV B 364.
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hazardous waste, a description of these characteristics, and a list of regulated hazardous
1 71
waste.
• 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.172 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.173
• Texas establishes requirements for underground storage tanks located over certain
aquifers in the state to protect and maintain the quality of groundwater resources.174
F. Effectiveness
The literature that addresses the effectiveness of the current regulatory framework as it applies to
the chemical manufacturing industry has identified two primary points of interest with respect to
those regulations. First, the literature has evaluated the degree to which emergency planning and
hazardous response regulations prevent or reduce the risk of singular, catastrophic releases,
especially when incidents occur at facilities related to the chemical manufacturing industry.
Second, the literature has looked at extended releases that have resulted in contamination by and
population exposure to toxic chemicals and other hazardous substances. In doing so, it contrasts
TSCA and CERCLA policies and EPA's implementation of regulations under those federal
statutes against state-level toxic chemical and hazardous substance regulations. With respect to
catastrophic releases, the literature has found an increase in industrial accidents in the 21st
century has led to a call for amendments to OSHA's PSM and EPA's RMP regulations, as well
as general improvements in chemical industry safety and security policies.175 The literature has
largely concluded that TSCA and CERCLA has been ineffective at chemical management and
release reduction, though state-level regulations have successfully supplemented TSCA
provisions and offered a viable model for future federal regulations.176 Further, the 2016
171 6 CRR-NYIV B 371.
172 25 Pa. Code 245.
173 25 Pa. Code 270a.
174 3 0 Tex. Admin. Code 214.
175 See, for example, V. Babrauskas, "The Ammonium Nitrate Explosion at West, Texas: A Disaster That Could
Have Been Avoided," Fire and Materials 42, No. 2 (2018): 164-172.
176 See, for example, H. Bae, P. Wilcoxen, and D. Popp, "Information Disclosure Policy: Do State Data Processing
Efforts Help More Than the Information Disclosure Itself?," Journal of Policy Analysis and Management 29, No. 1
(2010): 163-182.
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Lautenberg Act that amended the TSCA responded to some of the original statute's
shortcomings, though the literature believes that it has not yet been successful at addressing or
resolving those shortcomings.177
The fire and explosion of ammonium nitrate at a fertilizer distribution and storage facility in
West, Texas in 2013 that led to the deaths of 15 emergency responders, 260 injuries, and the
destruction of much of the town of West served as an impetus for a reevaluation of federal
emergency planning and response policies.178 The accident placed EPA's RMP program and
OSHA's PSM program under greater scrutiny because of their perceived failure to prevent
accidents such as the one in West.179 In a study of ammonium nitrate explosions at American
facilities, Babrauskas finds that all such incidents were the result of uncontrolled fires. He
therefore concludes that these are preventable accidents because technologies exist that can
detect and eliminate fires and, when fires cannot be prevented, reduce explosion intensity. Yet no
such technologies were in place, not just for the West explosion, but for any of the explosions
that Babrauskas reviewed.180
In response, on August 1, 2013, President Obama issued an executive order that created an
interagency working group, including representatives from EPA and OSHA, to propose action
plans to address safety issues at chemical facilities.181 Hawkins examined the group's proposals
- including increased coordination among federal agencies and between federal agencies and
state agencies, regulatory modernization, and improved data management - in the context of the
American Institute of Chemical Engineers (AIChE) Center for Chemical Process Safety Vision
20/20 safety program to optimize process safety. Hawkins suggests the merging of regulatory
safety control with aspects of the voluntary program.182 In the end, the interagency working
group performed initial regulatory investigations and released annual fact sheets, with the last
177 See, for example, S. Krimsky, "The Unsteady State and the Inertia of Chemical Regulation Under the US Toxic
Substances Control Act," PLOSBiology 15, No. 12 (2017).
178 V. Babrauskas, "The Ammonium Nitrate Explosion at West, Texas: A Disaster That Could Have Been Avoided,"
Fire and Materials 42, No. 2 (2018): 164-172.
179 S.C. Hawkins, "The Changing Tide of U.S. Process Safety/Rik Management Regulations - How CCPS Risk
Based Process Safety and Vision 20/20 Concepts Can Harmonize Future Requirements," Paper Presented at the 30th
Center for Chemical Process Safety International Conference, 2015: 610-623.
180 V. Babrauskas, "The Ammonium Nitrate Explosion at West, Texas: A Disaster That Could Have Been Avoided,"
Fire and Materials 42, No. 2 (2018): 164-172.
181 "Fact Sheet: Actions to Improve Chemical Safety and Security," Federal Interagency Working Group, 2015,
accessed November 29, 2018 at: https://www.osha.gov/chemicalexecutiveorder/EQ13650FS-
ImprovingChemicalFacilitvSafetv.pdf.
182 S.C. Hawkins, "The Changing Tide of U.S. Process Safety/Rik Management Regulations - How CCPS Risk
Based Process Safety and Vision 20/20 Concepts Can Harmonize Future Requirements," Paper Presented at the 30th
Center for Chemical Process Safety International Conference, 2015: 610-623.
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fact sheet released in 2015.183 EPA also proposed amendments to its RMP regulations, which
were published on December 3, 2018.184
Reports on recent incidents and responsive guidance from the CSB provide insight on the safety
issues currently relevant to the chemical manufacturing industry. In 2018, the CSB issued three
reports on chemical incidents that occurred in 2016 and 2017. The incidents comprised the
spontaneous combustion of trailers housing organic peroxides in Crosby, Texas, the explosion of
a storage tank that contained a flammable atmosphere during hot work activities in DeRidder,
Louisiana, and the release of sulfuric acid from a tanker truck into a sodium hypochlorite tank
resulting in the production of chlorine gas in Atchison, Kansas. New CSB guidance for the
shutdown and startup of chemical facilities during extreme weather resulted from the organic
peroxide. CSB also deployed to four new chemical incidents in 2018: an explosion at an ethylene
vinyl-alcohol co-polymer facility in Pasadena, Texas; an explosion at a refinery in Superior,
Wisconsin; and an explosion at a milling facility in Cambria, Wisconsin that occurred because of
the presence of combustible dust. The refinery in Superior, Wisconsin mitigated the damage and
injuries that resulted from the explosion because the refinery followed CSB a recommendation to
install blast-resistant buildings at the facility. In response to safety incidents and what the CSB
viewed to be key safety issues, CSB published five fact sheets in 2018 on preventative
maintenance, hot work, combustible dust, emergency response, and process safety
IOC
management.
With respect to long-term, non-catastrophic releases that have led to environmental
contamination and population exposure to toxic chemicals and other hazardous substances from
chemical manufacturing facilities, the literature has found that the TRI program promulgated
under the authority of CERCLA and TSCA and its subsequent regulatory regime have several
shortfalls. Although TRI publicizes raw data on chemical releases but does not provide further
analysis that would make the data useful or actionable for the public. With respect to TSCA
policies, the literature finds that those regulations have not reduced the use of toxic chemicals
and have not effectively reduced the risk of harm to human health and the environment. In both
cases, state regulations that supplement the federal regulatory regimes have increased their
effectiveness and offer potential models for future revisions and amendments to the federal
programs.
183 "Executive Order on Improving Chemical Facility Safety and Security," EPA, accessed November 29, 2018 at:
https://www.epa.gov/rmp/executive-order-improving-chemical-facilitv-safetv-and-securitv.
184 "Final Amendments to the Risk Management Program (RMP) Rule," EPA, accessed November 29, 2018 at:
https ://www. epa. gov/rmp/final-amendments-risk-management-pro gram-rmp-rule: "Risk Management Plan (RMP)
Delay Rule Vacatur," EPA, accessed August 28, 2019 at: https://www.epa.gov/rmp/risk-management-plan-rmp-
delav-rule-vacatur.
185 U.S. Chemical Safety and Hazard Investigation Board, "Performance and Accountability Report," Fiscal Year
2018, p. 3-6 and 14.
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Bae, Wilcoxen and Popp acknowledge that TRI was intended to increase public pressure on
polluters by making data on releases accessible to the public. Ideally, that public pressure would
lead to reductions in health risks from hazardous chemical emissions. The data that TRI makes
available does not promote public consumption and engagement. TRI's release dataset is large
and presented in a way that makes key information incomprehensible to the general public. For
example, TRI data are in the form of pounds of toxics released, instead of characterizations of
releases risk to human health and the environment.186
Bae, Wilcoxen, and Popp find that state governments have stepped in to fill this information gap
between TRI data reporting and public comprehension. States have largely implemented two
types of programs to respond to this issue. First, some state programs simply filter TRI data
relevant to chemical manufacturing facilities within each state, with the idea that this will reduce
the size of the dataset and make it more manageable for public consumption. Second, states
conduct data processing and analysis activities to publish reports that summarize the data and its
implications for environmental and human health in the state. Bae, Wilcoxen, and Popp conclude
that there is a link between the approach state governments take to the TRI data and the
reductions those state programs achieve. States that present only the TRI data relevant to the
state have experienced lower total pounds of chemicals released, but without any corresponding
reductions in health risks. However, states that processed the data and released their analyses
have seen significant reductions in health risks as a result.187
Numerous authors have found deficiencies with TSCA policies and EPA's implementation of
regulations pursuant to the statute. For example, Paulson cites a recommendation from the
American Academy of Pediatrics to revise chemical management policy in the United States.
The recommendation results from a belief that the TSCA has not protected the general
population, much less children, pregnant women, and other vulnerable populations, from
hazardous chemicals in the marketplace. According to the American Academy of Pediatrics,
TSCA does not consider vulnerable populations in its risk assessments, and its lengthy
administrative review process means that its evaluations of chemicals proceed much more slowly
than the development and release of new chemical technology. Further, Paulson highlights that
the TSCA does not require chemical companies to conduct premarket testing and produce that
data to EPA to incorporate into its analyses.188 Along the same lines, Pool and Rusch point out
that EPA's PMN review program requires chemical companies to submit all of the information
that the company possesses at the time of the PMN, but does not require the company to generate
186 H. Bae, P. Wilcoxen, and D. Popp, "Information Disclosure Policy: Do State Data Processing Efforts Help More
Than the Information Disclosure Itself?," Journal of Policy Analysis and Management 29, No. 1 (2010): 163-182.
187 H. Bae, P. Wilcoxen, and D. Popp, "Information Disclosure Policy: Do State Data Processing Efforts Help More
Than the Information Disclosure Itself?," Journal of Policy Analysis and Management 29, No. 1 (2010): 163-182.
188 J.A. Paulson, "Chemical Management Policy: Prioritizing Children's Health," Pediatrics 127, No. 5 (2011): 983-
990.
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new information or perform its own analyses to support EPA's review efforts.189 Finally, Geiser
argues that EPA's existing chemical management regulations focus on regulating toxic
chemicals. They fail to consider the existence or potential for safer alternative chemicals when
entering them into the Chemical Substance Inventory and assigning use restrictions and
prohibitions. This lack of consideration inhibits the introduction of safer alternatives to the toxic
chemicals currently in the marketplace.190 Thus, these studies find that TSCA regulations fail to
consider the human health and environmental impacts of new chemicals when EPA conducts
pre-release testing, and that EPA relies on partial information to evaluate chemicals, without
following up after testing, requiring chemical companies to generate data specific to the risk
assessment, or considering safer, alternative chemical options.
TSCA regulations have also failed to promote the introduction of chemical and toxic
management technology within the chemical manufacturing industry. Snyder, Nolan, and Stavins
look specifically at the adoption of membrane-cell production technology in the chlorine
manufacturing industry. Their initial findings are that environmental regulation increased the
proportional diffusion of membrane-cell technology in the industry. However, regulation did not
encourage the spread of the technology; rather, it ultimately reduced demand for chlorine, which
led to the shutdown of older facilities that did not have the technology and could not upgrade.191
On balance environmental regulations did not encourage facilities to spread effective
environment management technology, it merely shut down older facilities so that the incidence
of the technology increased as a result of the smaller universe of facilities.
Although there has been a reduction in toxic chemical use during the TSCA regulatory regime,
authors are wary in ascribing that reduction to the TSCA itself. In an investigation of toxic
chemical use behavior, Hsueh attributes a reduction in the use of some toxic chemicals to
regulatory efforts, including regulations pursuant to TSCA. However, Hsueh finds that a
majority of toxic chemical use behavior relates to economic factors such as industrial production,
changes in GDP, and private investment, and not government regulation. Hsueh does find,
however, that the implementation of TRI has been more effective in reducing the use of
industrial chemicals than command and control regulations under TSCA and other statutes.192
189 R. Pool and E. Rusch, "Current Regulatory Approaches to Dealing with Industrial Chemicals," Identifying and
Reducing Environmental Health Risks of Chemicals in Our Society: Workshop Summary (National Academies
Press, 2014).
190 K. Geiser, Chemicals Without Harm: Policies for a Sustainable World (Boston: MIT Press, 2015).
191 Lori D. Snyder, Nolan H. Miller, and Robert N. Stavins, "The Effects of Environmental Regulation on
Technology Diffusion: The Case of Chlorine Manufacturing "American Economic Review 93, No. 2 (2003): 431-
435.
192 L. Hsueh, "Regulatory Effectiveness and the Long-Run Policy Horizon: The Case of US Toxic Chemical Use,"
Environmental Science and Policy 52 (2015): 6-22.
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The EPA itself has recognized at least some of these shortcomings. According to a 2013 U.S.
Government Accountability Office (GAO) report, beginning in 2009 EPA introduced a new
approach to its implementation of toxic chemical management regulations under TSCA
authority. Specifically, EPA sought to improve its collection of chemical toxicity and exposure
data and its performance of risk assessments of toxic chemicals. As of 2013, GAO found that
EPA had made slow progress in its initiative. The agency had ramped up data collection efforts
but had not accessed chemical data that some American companies already provide to foreign
governments. Additionally, EPA had originally identified 83 chemicals for risk assessment in
2009, by 2013 it had only initiated - not completed - seven of those assessments.193 In 2016,
Congress passed the Lautenberg Act, which attempted to address some of the issues that EPA
had identified through its 2009 initiative. Namely, the Lautenberg Act implemented a
prioritization system to accelerate the assessment of high-risk chemicals along with deadlines for
the completion of risk assessments. The act also updated the PMN review process for new
chemicals.194
As with the TRI data reporting, state governments have responded to TSCA's shortcomings with
regulations that attempt to supplement the federal programs and address TSCA's blind spots with
respect to hazardous substance exposure to vulnerable populations, reductions in the use of toxic
chemicals and promotion of safer alternatives, and chemical risk assessment. Massachusetts's
Toxics Use Reduction Act (TURA) is the most prominent and most successful example of state
regulatory intervention. TURA was passed in 1989 and became effective in 1990. TURA
required users of toxic chemicals to evaluate and plan for pollution prevention. TURA appended
designations to certain toxic chemicals, such as arsenic, cadmium, cobalt, and lead compounds,
which were designated "carcinogens" to indicate their risk to the environment and human
health.195 TURA acts through a combination of a regulatory regime that emphasized a reduction
in the use of these chemicals by improving manufacturing processes and adopting safer,
alternative chemicals, and voluntary programs that provided technical assistance, education, and
research.196 As a reflection of this hybrid regulatory approach, the Massachusetts Department of
193 U.S. Government Accountability Office, Toxic Substances: EPA Has Increased Efforts to Assess and Control
Chemicals but Could Strengthen Its Approach, GAO-13-249, April 29, 2013, accessed September 27, 2018 at:
https ://www. eao. eov/products/GAO-13-249.
194 "Highlights of Key Provisions in the Frank R. Lautenberg Chemical Safety for the 21st Century Act," EPA,
accessed October 12, 2018 at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/highlights-kev-
provisions-frank-r-lautenberg-chemical.
195 M. Ansaldi and S.K. Farah, "The Massachusetts Toxics Use Reduction Act (TURA): An Innovative Strategy for
Assessing Carcinogen Use," Paper Presented at the Procedia Environmental Sciences (2011): 103-112.
196 M. Jacobs, et. al., "Opportunities for Cancer Prevention: Trends in the Use and Release of Carcinogens in
Massachusetts," Toxic Use Reduction Institute, 2013.
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Environmental Protection administers the act in collaboration with the Toxics Use Reduction
Institute at the University of Massachusetts-Lowell.197
Studies of TURA affirm that the act and its attendant regulatory programs have significantly
reduced the use of toxic chemicals in Massachusetts. Ansaldi and Farah report that the shipment
of toxic chemicals has decreased by over 30 percent from 1989 to 2011, and releases of toxic
chemicals have decreased by 80 percent over the same period.198 In a separate study, Jacobs et.
al. find that use declined by 32 percent and releases declined by 93 percent from 1990 to 2010.199
Indeed, Nash views TURA as a viable model or supplement to TSCA because of TURA's
effectiveness at collecting information about risks and potential harms, and collaborating with
the private sector to develop a successful risk reduction regime.200 Whereas TSCA initially used
a cost-benefit risk assessment paradigm to evaluate chemical use and restrictions, TURA
emphasizes the risk to affected populations.
California has supplemented federal toxic chemical regulations along two vectors. First,
California has introduced regulations that alter its chemical risk evaluations. Under the new
regime, California identifies and prioritizes chemicals of concern and requires manufacturers to
perform an assessment of available chemical alternatives. The state will then impose regulatory
response actions to address risks that remain with the alternative chemicals that manufacturers
propose. Through this process, California hopes to encourage chemical manufacturers to design
and distribute safer products.201 As opposed to TSCA regulations, California's chemical review
program would shift the burden of chemical and alternatives analysis to the chemical
manufacturing industry. Further, California's toxic chemical regulations require manufacturers to
submit more comprehensive information about the chemical products and their future use in the
marketplace than the TSCA regulations.202
California is supplementing the federal toxic chemical regulatory program in a second way.
Several public and private organizations have compiled lists of hazardous or harmful chemicals.
However, the diversity of scope and purpose among these lists defies easy aggregation. On
October 1, 2013, California passed the California Safer Consumer Products Regulation that
197 Massachusetts Office of Technical Assistance and Technology, Pathways to Efficiency: Massachusetts Toxics
Use Reduction Program 2013 Annual Report.
198 M. Ansaldi and S.K. Farah, "The Massachusetts Toxics Use Reduction Act (TURA): An Innovative Strategy for
Assessing Carcinogen Use," Paper Presented at the Procedia Environmental Sciences (2011): 103-112.
199 M. Jacobs, et. al., "Opportunities for Cancer Prevention: Trends in the Use and Release of Carcinogens in
Massachusetts," Toxic Use Reduction Institute, 2013.
200 J. Nash, "The Massachusetts Toxics Use Reduction Act: A Model for Nanomaterials Regulation?," Journal of
Nanoparticle Research 14, No. 8 (2012): 1070.
201 L.L. Bergeson, "Legal Lookout: California to Control Chemicals of Concern," Pollution Engineering 42, No. 9
(2010).
202 T. Molloy, "Toxics in Consumer Products: California's Green Chemistry Regulations at a Crossroad," Lawrence
Berkeley National Laboratory (2012).
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rationalized 23 such lists that are available to create a single summary of hazardous chemicals,
their associated risks, and their toxicological endpoints. This process enables the evaluation of
the widest possible range of chemicals and their characteristics.203
In Washington, regulators addressed the confluence of an increasing number of chemicals in the
marketplace that lacked adequate toxicity data and ineffective federal toxic chemical
management through the 2008 Children's Safe Product Act. The regulation implements the
identification of High Priority Chemicals and Chemicals of High Concern to Children using
scientific and regulatory sources based on toxicity. Implementation of the regulation then
involves the evaluation of exposure potential of these chemicals using biomonitoring studies and
residual exposure media. The state of Washington will update the list of priority chemicals on a
dynamic basis.204 The Children's Safe Product Act supplements TSCA because it directly
evaluates the risk of chemicals to not just the human population, but vulnerable populations
based on exposure data collection.
The Lautenberg Act attempted to address the issues with TSCA at the federal level. For example,
EPA programs under the Lautenberg Act included a new risk assessment standard for toxic
chemicals that emphasized the risk to human health and the environment, consideration of the
cost and availability of alternative chemicals, and the reassessment of high priority chemicals to
evaluate new information about their toxicity and health risk.205 However, early analyses of the
amendment reveal that EPA has not been able to follow through on these programs because of
the construction of the statute. Krimsky's 2017 study of the Lautenberg Act identifies one of its
key goals as an increased emphasis in protection of the public health in EPA's toxic chemical
assessment programs. Yet Krimsky finds that the Lautenberg Act imposes burdensome
administrative obligations on EPA and industry that lead to data limitations in EPA's evaluation
of new chemicals. As a result, EPA lacks the tools to effectively conduct comprehensive risk
evaluations. Further, EPA's implementation of the Lautenberg Act has faced numerous corporate
lawsuits that have stalled the rollout of regulatory programs. Krimsky's study shows that
numerous chemicals have entered commercial use without submitting toxicological information
to EPA, and thus EPA was unable to perform meaningful risk assessments on the chemicals.
Additionally, when EPA has identified chemicals that are potential public health risks, it has not
imposed additional regulations on the chemicals or banned their use. Krimsky finds that, despite
the Lautenberg Act's attempts to address the ineffective aspects of TSCA, the current EPA still
203 D.M. Cowan, T. Kingsbury, A.L. Perez, T.A. Woods, M. Kovochich, D. Hill, and D.J. Paustenbach, "Evaluation
of the California Safer Consumer Products Regulation and the Impact on Consumers and Product Manufacturers,"
Regulatory Toxicology and Pharmacology 68, No. 1 (2014): 23-40.
204 A. Stone and O. Delistraty, "Sources of Toxicity and Exposure Information for Identifying Chemicals of High
Concern to Children," Environmental Impact Assessment Review 30, No. 6 (2010): 380-387.
205 "Highlights of Key Provisions in the Frank R. Lautenberg Chemical Safety for the 21st Century Act," EPA,
accessed October 12, 2018 at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/highlights-kev-
provisions-frank-r-lautenberg-chemical.
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does not have a rational or comprehensive regulatory regime with respect to toxic chemical and
hazardous substance management.206
206 S. Krimsky, "The Unsteady State and the Inertia of Chemical Regulation Under the US Toxic Substances Control
Act," PLOSBiology 15, No. 12 (2017).
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SECTION 2. 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 chemical manufacturing facilities and in which chemical 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 chemical manufacturing industry at preventing releases hazardous
substances and mitigating the harm that may result from releases.
A. Programs Summary
Environmental industry voluntary programs are inextricably linked to regulating agencies. The
EPA founded the first major first 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.207 Upon the 33/50 Program's inception in 1991, voluntary
programs were 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.208
As a result, many of the current voluntary programs that EPA located for this report that are
relevant to the chemical manufacturing industry that 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
207 U.S. Environmental Protection Agency, Office of Pollution Prevention and Toxics, 33/50 Program: The Final
Record, March 1999.
208 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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coordination and collaboration among facilities, academics, and government agencies to develop
best practice standards and improve emergency preparedness.
At the federal level, OSHA and the Federal Emergency Management Agency (FEMA) sponsor
or collect information about industry voluntary programs. The OSHA programs directly related
to chemical 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.209
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 3 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.210
At the state level, the Massachusetts TURA (Toxics Use Reduction Act), which was passed in
1989, coupled a "command and control" regulatory regime of standards with voluntary programs
that provided technical assistance, education, and research. Companies that are subject to TURA
must submit annual reports on their toxic chemical usage and waste generation, and then develop
toxics use reduction plans to identify assess ways in which they could use toxic chemicals more
efficiently and/or reduce or eliminate the use of toxic chemicals and other hazardous materials.
Because these toxics use reduction plans focus on efficiency, the plans often reveal opportunities
for the companies to simultaneously reduce toxics use and operate using more economical
practices. Thus, through the fulfillment of the regulatory requirement, companies voluntarily
reduce their use of toxic chemicals subsequent generation of waste.211
National and international nonprofit organizations and industry associations also provide
environmental management and safety standards and procedures that facilities may follow, in
209 "All About VPP," OSHA, accessed October 16, 2016 at: https://www.osha.gov/dcsp/vpp/all about vpp.html.
210 "OSHA Challenge," OSHA, accessed October 16, 2018 at: https://www.osha.gov/dcsp/vpp/challenge.html.
211 Massachusetts Office of Technical Assistance and Technology, "Massachusetts Toxics Use Reduction Program:
Annual Report FY15," February 2016, accessed December 4, 2018 at:
https://www.mass.gov/files/fiscal year 2015 progress report on the massachusetts toxics use reduction progra
m.pdf.
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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 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.212
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 program 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.213
The International Electrotechnical Commission (IEC) is another example of an international
standards organization that publishes standards that chemical 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
212 "Total Quality Environmental Management (TQEM)," International Institute for Sustainable Development,
accessed November 17, 2018 at: https://www.iisd.org/business/tools/svstems tqemaspx.
213 "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.
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for that industry. IEC's 61511 technical standard sets practices for systems engineering that
ensure the safety of an industrial process through proper instrumentation.214
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
individuals, companies, government agencies, labor organizations, industrial associations, and
consumer groups. ANSI also hosts a process through which stakeholders can appeal standards.
The standards that stakeholders develop at ANSI seek to assure the safety and health of
consumers and the protection of the environment. ANSI also publishes standards for specific
chemicals, many of which are specifically relevant to the chemical manufacturing industry. For
example, ANSI's K61.1 standard applies to the design, construction, repair, alteration, location,
installation, and operation of anhydrous ammonia systems.215
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.216 ASTM
has published standards for the Industrial Chemical sector. The Industrial Chemical Standards
provide guidance for the testing and evaluation of the physical and chemical properties of
organic and inorganic chemicals.217
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. NFPA codes relevant to chemical manufacturing
facilities include Code 3 0B - Code for the Manufacture and Storage of Aerosol Products, Code
329 - Recommended Practice for Handling Releases of Flammable and Combustible Liquids and
Gases, Code 386 - Standard for Portable Shipping Tanks for Flammable and Combustible
Liquids, Code 395 - Standard for the Storage of Flammable and Combustible Liquids at Farms
214 "Welcome to the IEC," International Electrotechnical Commission, accessed October 16, 2018 at:
https ://www. iec. ch/about/.
215 "About ANSI," American National Standards Institute, accessed October 16, 2018 at:
https://www.ansi.org/about ansi/overview/overview.
216 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.
217 "Industrial Chemical Standards," American Society for Testing and Materials, accessed October 16, 2018 at:
https://www.astm.org/Standards/industrial-chemical-standards.html.
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and Isolated Sites, and Code 400 - Hazardous Materials Code.218 Storage standards are intended
to prevent fires, explosions, and other catastrophic releases of stored chemicals.
The American Chemistry Council is an industry trade association for chemical companies. In
1988, the American Chemistry Council adopted the Responsible Care program, which is a global
initiative that began in Canada in 1984 to further the chemical manufacturing industry's
environmental, health, safety, and security performance efforts, with a focus on safe chemicals
management throughout chemical lifecycles. The Responsible Care program was promulgated
and is maintained and furthered by the International Council of Chemical Associations, which
serves as a forum for global chemical manufacturers and national and international chemistry
and chemical manufacturing associations, like the American Chemistry Council.219 To obtain
membership in the American Chemistry Council, a company must participate in the Responsible
Care program. Responsible Care acts as a certificate that chemical companies and facilities attain
through compliance with the program requirements. Participants are subject to reporting
requirements and facility audits under the program.220 As part of the Responsible Care program,
the American Chemistry Council certifies facilities and companies that meet its RC 14001
standards, which is chemical manufacturing industry specific certification set of standards that
couple ISO 14001 environmental management standards with health, safety, security,
transportation, outreach, and emergency response requirements.221 The Responsible Care
program also sets out a Process Safety Code that its members consider a commitment to safe
operations, in order to supplement the RC 14001, other Responsible Care programs, and EPA
and OSHA safety and emergency response regulations, likely PSM and RMP standards.222
AIChE (the American Institute of Chemical Engineers is a professional organization with more
than 60,000 chemical engineer members across 110 countries. AIChE diffuses information about
chemical engineering processes, methods, and standards through this professional network.223
AIChE created the Center for Chemical Process Safety within the professional organization. The
Center for Chemical Process Safety is a corporate membership organization that identifies and
218 "List of NFPA Codes & Standards," National Fire Protection Association, accessed October 16, 2018 at:
https://www.nfipa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards.
219 "Policy," International Council of Chemical Associations, accessed August 28, 2019 at: https://www.icca-
chem.org/policv/: "Responsible Care," International Council of Chemical Associations, accessed August 28, 2019
at: https://www.icca-chem.org/responsible-care/.
220 "Responsible Care," American Chemistry Council, accessed October 16, 2018 at:
https://responsiblecare.americanchemistrv.com/.
221 "Management System and Certification," American Chemistry Council, accessed October 16, 2018 at:
https://responsiblecare.americanchemistrv.com/Management-Svstem-and-Certification/.
222 "Process Safety Code," American Chemistry Council, accessed October 16, 2018 at:
https://responsiblecare.americanchemistrv.com/Process-Safetv-Code/.
223 "About," American Institute of Chemical Engineers, accessed November 30, 2018 at:
https ://www. aiche.org/about.
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address process safety needs for facilities that that store, handle, use or process, and transport
hazardous materials. The Center for Chemical Process Safety serves as a forum in which
government agencies, manufacturers, academics, and consultants collaborate to improve
industrial process safety. The collaboration yields process safety guidelines with practical
applications in the chemical manufacturing industry.224 Most notably, the Center for Chemical
Process Safety developed Vision 20/20 - what it sees as the ideal process safety guidelines for
the industry to be implemented soon, by 2020. Vision 20/20 centers on five tenets to which
industry must adhere: committed culture, vibrant management systems, disciplined adherence to
standards, intentional competency development, application of shared lessons learned.225
There are several other associations that establish standards and programs to focus on safety in
the chemical industry: Chlorine Institute (CI), Compressed Gas Association (CGA), the
International Society of Automation (ISA), and FM Global's FM Approved program. CI and its
members attempt to ensure the safe and proper handling of the industry's products throughout the
value chain, by developing and sharing technical information, training and best practices for the
industry, its customers, emergency responders and the community.226 The Compressed Gas
Association represents manufacturers, distributors, suppliers, and transporters of gases,
cryogenic liquids, and related products, and they promote safety standards and practices within
the industrial gas industry. CGA also coordinates a voluntary mutual aid network of compressed
gas producers to establish cooperative responses to transportation emergencies.227 The ISA sets
standards for those who apply engineering and technology to improve the management, safety,
and cybersecurity of modern automation and control systems used across industry and critical
infrastructure. ISA develops widely used global standards; certifies industry professionals;
provides education and training; publishes books and technical articles; hosts conferences and
exhibits; and provides networking and career development programs for its 40,000 members and
400,000 customers around the world.228 Through the FM Approved program, FM Global tests
and certifies safety and property loss prevention products and services, and has developed
approval standards for over 200 such products. Products and services for which FM Global has
developed approval standards include Dry Chemical Extinguishing Systems, Explosion
224 "About," Center for Chemical Process Safety, accessed November 30, 2018 at: https://www.aiche.org/ccps/about.
225 Center for Chemical Process Safety, "Vision 20/20 Process Safety: The Journey Continues," published by the
Center for Chemical Process Safety, accessed November 30, 2018 at:
https://www.aiche.org/sites/default/files/docs/pages/8403a web vl.pdf: "Vision 20/20," Center for Chemical
Process Safety, accessed November 30, 2018 at: https://www.aiche.org/ccps/resources/vision-2020.
226 "Our Mission," Chlorine Institute, accessed October 16, 2018 at: https://www.chlorineinstitute.org/about-
us/mission/.
227 "What We Do," Compressed Gas Association, accessed October 16, 2018 at: https://www.cganet.com/what-we-
do/.
228 "About ISA," International Society of Automation, accessed October 16, 2018 at: https://www.isa.org/about-isa/.
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Suppression Systems, and Safety Containers and Filling, Supply, and Disposal Containers for
Ignitable (Flammable) Liquids.229
B. Effectiveness
Because of the 33/50 Program's importance to the growth of US 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
performance as strategic investment decisions. In other words, corporate decisions to participate
and corporate level of effort once in a program depend on financial matters more than
compliance or optics.
At the time of the 33/50 Program's completion in 1996, both EPA and industry concluded that it
had been a success. Analyses of the 33/50 Program largely bear out that conclusion. For
example, 2017 study by Bi and Khanna finds that 33/50 Program participants adopted pollution
control practices at a 38 percent higher rate than non-participants. Further, those facilities that
did install pollution control practices reduced their releases of the 17 chemicals that 33/50
targeted 52 percent more than non-participants who did not install control practices. In other
words, Bi and Khanna conclude that program yielded both reductions in pollution and a higher
rate of prevention practices.230 An earlier, 1999 study by Khanna and Damon reinforces these
findings, demonstrating a statistically significant decline in toxic releases among participants in
229 "Our Mission," FM Approved, accessed August 28, 2019 at: https://www.fmapprovals.com/about-fm-
approvals/our-mission: "Approval Standards," FM Approved, accessed August 28, 2019 at:
https://www.fmapprovals.com/approval-standards.
230 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.
59
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the first three years of the program, 1991 -1993.231 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.232 In a separate piece, Bi and
Khanna argue that looking at the results of the 33/50 Program at the facility level elucidates the
program's success even more than previous studies at the firm-wide level; facilities that
participated demonstrated a significantly high rate of reduction in releases than nonparticipating
facilities, but firm-wide analysis dilutes this result.233
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.234 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.235 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 most
significant industry sponsored voluntary programs that emerged after the 33/50 Program was
231 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.
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 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.
234 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.
235 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.
60
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TQEM, which GEMI created in 1996. Sam, Khanna, and Innes completed a 2009 study that
confirms the connection between participation in the 33/50 Program and the inception of and
involvement in TQEM. TQEM is an environmental management system that takes a proactive,
continuous, systematic approach to pollution prevention through a firm-wide commitment to the
effort. Sam, Khanna, and Innes further find that companies that participated in TQEM
experienced significantly lower releases of the 17 chemicals that the 33/50 Program targeted. As
a result, they conclude that the 33/50 Program yielded direct pollution reduction benefits after
the conclusion of the program in 1996.236
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.237 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.238 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.239
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.240
236 A.G. Sam, M. Khanna, and R. Innes, "How do Voluntary Production Programs (VPRs) Work? An Empirical
Study of Links between VPRs, Environmental Management, and Environmental Performance," Land Economics 85,
No. 4 (2009): 692-711.
237 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.
238 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.
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.
240 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.
61
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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.241 Harrington, Deltas,
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.242 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
94/3
activity.
The Massachusetts TURA's combination of regulatory oversight and promotion of voluntary
toxics use reduction has proved especially effective at decreasing the use and waste generation of
toxic chemicals and other hazardous substances in Massachusetts. In 2014, the Massachusetts
Office of Technical Assistance and Technology, which administers programs under TURA,
reported that companies subject to TURA had reduced their toxic chemical use by 40 percent
from the act's enactment in 1990 through 2000, and had reduced environmental releases by 90
percent over that decade. The Massachusetts Office of Technical Assistance and Technology
further reported that between 2000 and 2010, that same universe of companies reduced their
toxic chemical use by a further 23 percent and reduced releases of toxic chemicals and other
hazardous substances to the environment by an additional 73 percent.244 Third party studies
confirm the Office's reduction claims. For example, Ansaldi and Farah report that the shipment
of toxic chemicals in Massachusetts has decreased by over 30 percent from 1989 to 2011, and
releases of toxic chemicals have decreased by 80 percent over the same period.245 In a separate
241 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.
242 D.R. Harrington, G. Deltas, and M. Khanna, "Does Pollution Prevention Reduce Toxic Releases? A Dynamic
Panel Data Model," Land Economics 90, No. 2 (2014): 199-221.
243 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.
244 Massachusetts Office of Technical Assistance and Technology, "Pathways to Efficiency: Massachusetts Toxic
Use Reduction Program, Annual Report FY13," June 2014, accessed August 30, 2018 at:
https://www.mass. gov/files/documents/2016/08/rf7governor-report-tura-7-9-14-docxl .pdf.
245 M. Ansaldi and S.K. Farah, "The Massachusetts Toxics Use Reduction Act (TURA): An Innovative Strategy for
Assessing Carcinogen Use," Paper Presented at the Procedia Environmental Sciences (2011): 103-112.
62
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study, Jacobs et. al. find that use declined by 32 percent and releases declined by 93 percent from
1990 to 2010.246
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.247 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.248
Government sponsored voluntary industry programs, at both the federal and the state level, seek
to position their expectations of participants and the incentives they offer participants in such a
way as to induce the greatest reductions in both pollution emissions and enforcement actions.
Programs may include reporting and operational requirements, and can incentivize compliance
with these requirements with certifications, laxer oversight, information protection, or the threat
of punitive measures for noncompliance. Several studies look at how the various permutations of
these expectations and incentives affects the success of government sponsored programs.
In the broadest sense, the 33/50 Program was a breakthrough because it demonstrated the
effectiveness of incentives in achieving targeted pollution reduction, in contrast to the imposition
of standards and regulatory oversight. In a retrospective of the program, Harbour and Zatz
highlight the enthusiasm with which industry responded to the 33/50 Program. At its inception
voluntary programs were relatively unheard of as either a government strategy or an industry
practice, but after the completion of the 33/50 Program in 1996, over 1,300 companies described
the program as a success and expressed a desire for industry voluntary programs to constitute a
larger part of agency practice. While industry did not call for industry voluntary programs to
supplement government standards, but to replace them - voluntary programs both carry lower
246 M. Jacobs, et. al., "Opportunities for Cancer Prevention: Trends in the Use and Release of Carcinogens in
Massachusetts," Toxic Use Reduction Institute, 2013.
247 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.
248 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.
63
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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.249
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.250 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.251 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
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.252 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,
249 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.
250 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.
251 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.
252 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.
64
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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.253
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
as a kind of certification of a facility's environmental citizenship, and that benefit motivates
facilities to undertake the cost of meeting the standard.254
253 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.
254 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.
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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.255 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.
The American Chemistry Council's Responsible Care program is the most prominent industry
sponsored voluntary program in the US chemical manufacturing sector. The program addresses
both pollutant emissions and workplace safety through reporting and self-auditing practices.
Gamper-Rabindran and Finger examine how participation in Responsible Care affects facility
performance, both in terms of pollution reduction and accident frequency. Their study finds that
while Responsible Care facilities experience fewer workplace accidents, Responsible Care
facilities perform worse than facilities that do not participate in Responsible Care in terms of
toxic pollution emissions. Looking at thousands of facilities between 1988 - the year in which
the American Chemistry Council established the Responsible Care program - and 2001, they
show that facilities that participated in Responsible Care increased their pollution emissions by
15.9 percent compared to non-participating facilities. Gamper-Rabindran and Finger note that
before 2002, Responsible Care did not require third party certification of program practices;
Responsible Care now uses third party auditors to certify participants' management practices.256
However, in that same pre-2002 period, Responsible Care facilities experienced workplace
accidents at a 69.3 percent lower rate than nonparticipating facilities, and process safety
accidents at an 85.9 percent lower rate. Gamper-Rabindran and Finger estimate that these
reduced accident rates result in annual savings of $180 million.257
255 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.
256 "Responsible Care: Certification Process," American Chemistry Council, accessed November 21, 2018 at:
https://responsiblecare.americanchemistrv.com/Certification-Process/.
257 S. Gamper-Rabindran and S.R. Finger, "Does Industry Self-Regulation Reduce Pollution? Responsible Care in
the Chemical Industry," Journal of Regulatory Economics 43, No. 1 (2013): 1-30; S.R. Finger and S. Gamper-
Rabindran, "Testing the Effects of Self-Regulation on Industrial Accidents," Journal of Regulatory Economics 43,
No. 2 (2013): 115-146.
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APPENDIX I. STATE SAMPLE METHODOLOGY
As part of CERCLA 108(b) financial responsibility rulemaking, EPA collected information on
state environmental regulations relevant to the chemical manufacturing industry NAICS 325 for
a representative sample of states. EPA used data on the geographic distribution of chemical
manufacturing facilities in the United States 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."258
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: California, Texas, Illinois, Ohio, Florida, New Jersey, Pennsylvania, New York, and
Georgia.
258 U.S. Census Bureau, County Business Patterns, Glossary, accessed July 27, 2018 at:
https://www.census.gov/programs-survevs/cbp/about/glossarv.html.
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NAICS 325: Chemical Manufacturing
Table 1, below, summarizes the geographic distribution of NAICS 325 establishments from the
Census Bureau's 2016 County Business Patterns data.
Table 1. NAICS 325 Establishments by State, 2016 U.S. Census County Business Patterns
Data
Row
State
Establishments
% of Total
Establishments
Cumulative %
1
California
1657
12.3%
12.3%
2
Texas
1119
8.3%
20.6%
3
Illinois
685
5.1%
25.7%
4
Ohio
678
5.0%
30.7%
5
Florida
606
4.5%
35.2%
6
New Jersey
594
4.4%
39.6%
7
Pennsylvania
576
4.3%
43.9%
8
New York
568
4.2%
48.1%
9
Georgia
483
3.6%
51.7%
10
North Carolina
448
3.3%
55.0%
11
Michigan
381
2.8%
57.8%
12
Wisconsin
345
2.6%
60.4%
13
Massachusetts
335
2.5%
62.9%
14
Indiana
324
2.4%
65.3%
15
Missouri
310
2.3%
67.6%
16
Minnesota
268
2.0%
69.6%
17
Tennessee
253
1.9%
71.4%
18
Washington
251
1.9%
73.3%
19
South Carolina
245
1.8%
75.1%
20
Louisiana
235
1.7%
76.9%
21
Oregon
224
1.7%
78.5%
22
Colorado
212
1.6%
80.1%
23
Kentucky
194
1.4%
81.5%
24
Iowa
191
1.4%
83.0%
25
Alabama
190
1.4%
84.4%
26
Utah
173
1.3%
85.6%
27
Arizona
171
1.3%
86.9%
28
Virginia
165
1.2%
88.1%
29
Connecticut
162
1.2%
89.3%
30
Maryland
153
1.1%
90.5%
31
Kansas
140
1.0%
91.5%
32
Oklahoma
136
1.0%
92.5%
33
Arkansas
101
0.7%
93.3%
34
Mississippi
99
0.7%
94.0%
35
Nebraska
89
0.7%
94.7%
36
Nevada
84
0.6%
95.3%
37
West Virginia
79
0.6%
95.9%
38
New Hampshire
73
0.5%
96.4%
68
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% of Total
Row
State
Establishments
Establishments
Cumulative %
39
Idaho
65
0.5%
96.9%
40
Maine
57
0.4%
97.3%
41
Delaware
54
0.4%
97.7%
42
Rhode Island
53
0.4%
98.1%
43
New Mexico
50
0.4%
98.5%
44
Montana
40
0.3%
98.8%
45
South Dakota
40
0.3%
99.1%
46
Vermont
36
0.3%
99.3%
47
Wyoming
35
0.3%
99.6%
48
Hawaii
25
0.2%
99.8%
49
North Dakota
13
0.1%
99.9%
50
Alaska
10
0.1%
100.0%
51
District of Columbia
5
0.0%
100.0%
52
Total
13480
100%
Source: U.S. Census Bureau, 2016 County Business Patterns Data for NAICS 325, accessed July 27, 2018 at:
https://www.census.gov/programs-surveYs/cbp/data/tables.html.
EPA collected state environmental regulatory information for NAICS 325 from the nine states
with the most establishments that constitute over 50 percent of the total establishments in the
United States: California, Texas, Illinois, Ohio, Florida, New Jersey, Pennsylvania, New York,
and Georgia.
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APPENDIX II. FEDERAL ENVIRONMENTAL REGULATIONS
The following table summarizes the federal environmental regulations relevant to chemical
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
chemical manufacturing industry.
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Table A. Federal Environmental Regulations Relevant to Chemical Manufacturing Facilities
Federal Environmental Regulations Applicable to Chemical Manufacturing Facilities (NAICS 325)
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
Sulfuric Acid
Production: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart
Cd
42 U.S.C. 7401
et seq. (Clean
Air Act)
36 FR
24877
Air
Pollution
The regulation establishes
standards of performance for
sulfuric acid mist emissions for
sulfuric acid production units.
12/23/1971
12/23/1971
71
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Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
4
Volatile Organic
Compounds
Emissions from
the Polymer
Manufacturing
Industry: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart
DDD
42 U.S.C.
§7401
et seq. (Clean
Air Act)
55 FR
51035
Air
Pollution
The regulation establishes
standards for process emissions
and equipment leaks of volatile
organic compounds at polymer
manufacturing facilities.
12/11/1990
12/11/1990
5
Flexible Vinyl
and Urethane
Coating and
Printing: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart
FFF
42 U.S.C.
§7401
et seq. (Clean
Air Act)
49 FR
26892
Air
Pollution
The regulation establishes
standards for volatile organic
compounds and test methods and
procedures at flexible vinyl and
urethane coating and printing
facilities.
6/29/1984
6/29/1984
6
Synthetic Fiber
Production
Facilities: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart
HHH
42 U.S.C.
§7401
et seq. (Clean
Air Act)
49 FR
13651
Air
Pollution
The regulation establishes
standards of performance for
volatile organic compound
emissions and performance test
and compliance conditions for
synthetic fiber production
facilities.
4/5/1984
4/5/1984
7
Wet-Process
Phosphoric Acid
Plants: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart T
42 U.S.C.
§7401
et seq. (Clean
Air Act)
40 FR
33154
Air
Pollution
The regulation establishes
standards of performance for
fluorides emissions and for
monitoring and test methods for
wet-process phosphoric acid
plants.
8/6/1975
8/6/1975
72
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Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
8
Industrial
Surface Coating
- Surface
Coating of
Plastic Parts for
Business
Machines: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart
TTT
42 U.S.C.
§7401
et seq. (Clean
Air Act)
53 FR
2676
Air
Pollution
The regulation establishes
standards of performance for
volatile organic compound
emissions performance test and
compliance conditions for
industrial surface coating of
plastic parts for business
machine facilities.
1/29/1988
1/29/1988
9
Superphosphoric
Acid Plants:
New Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart U
42 U.S.C.
§7401
et seq. (Clean
Air Act)
40 FR
33154
Air
Pollution
The regulation establishes
standards of performance for
fluorides and for monitoring and
test methods for superphosphoric
acid plants.
8/6/1975
8/6/1975
10
Diammonium
Phosphate
Plants: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart V
42 U.S.C.
§7401
et seq. (Clean
Air Act)
40 FR
33154
Air
Pollution
The regulation establishes
standards of performance for
fluorides emissions and for
monitoring and test methods for
diammonium phosphate plants.
8/6/1975
8/6/1975
73
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Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
11
Equipment
Leaks of Volatile
Organic
Compounds in
the Synthetic
Organic
Chemicals
Manufacturing
Industry: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart
W
42 U.S.C.
§7401
et seq. (Clean
Air Act)
48 FR
48335
Air
Pollution
The regulation establishes
standards of performance for
equipment - pumps,
compressors, pressure release
devices, valves or lines, closed
vent systems, and control
devices - involved in the
handling or storage of volatile
organic compounds in the
chemical manufacturing
industry.
10/18/1983
10/18/1983
Updated for organic
chemical
manufacturing
facilities constructed,
reconstructed, or
modified after
11/7/2006 (Subpart
Wa). Updated for
air oxidation process
units and distillation
operations on
6/29/1990 (Subparts
III and NNN).
Updated for reactor
processes 8/31/1993
(Subpart RRR).
12
Polymeric
Coating of
Supporting
Substrates
Facilities: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart
VW
42 U.S.C.
§7401
et seq. (Clean
Air Act)
54 FR
37551
Air
Pollution
Establishes standards of
performance for volatile organic
compound emissions,
compliance conditions, and test
methods for polymeric coating
of substrate facilities.
9/11/1989
9/11/1989
13
Triple
Superphosphate
Plants: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart
W
42 U.S.C.
§7401
et seq. (Clean
Air Act)
40 FR
33154
Air
Pollution
The regulation establishes
standards of performance for
fluorides emissions and for
monitoring and test methods for
triple superphosphate plants.
8/6/1975
8/6/1975
74
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Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
14
Granular Triple
Superphosphate
Storage
Facilities: New
Source
Performance
Standards
(NSPS)
40 CFR Part
60 Subpart X
42 U.S.C.
§7401
et seq. (Clean
Air Act)
40 FR
33154
Air
Pollution
The regulation establishes
standards of performance for
fluorides emissions and for
monitoring and test methods for
granular triple superphosphate
plants.
8/6/1975
8/6/1975
15
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.
16
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.
17
Phosphoric Acid:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
AA
42 U.S.C. 7401
et seq. (Clean
Air Act)
80 FR
50436
Air
Pollution
The regulation establishes
particulate matter, mercury, and
total fluorides emissions
standards for hazardous air
pollutants for phosphoric acid
production.
8/19/2015
8/19/2015
75
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Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
18
Phosphate
Fertilizer:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
BB
42 U.S.C. 7401
et seq. (Clean
Air Act)
80 FR
50450
Air
Pollution
The regulation establishes total
fluorides and phosphates
emissions standards for
hazardous air pollutants for
phosphate fertilizer production.
8/19/2015
8/19/2015
19
Chemical
Preparations
Industry:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
BBBBBBB
42 U.S.C. 7401
et seq. (Clean
Air Act)
74 FR
69208
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for the
chemical preparations industry.
12/30/2009
12/30/2009
20
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
76
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Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
21
Polyvinyl
Chloride and
Copolymers
Production Area
Sources:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
DDDDDD
42 U.S.C. 7401
et seq. (Clean
Air Act)
72 FR
2943
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
polyvinyl chloride and
copolymer production area
sources.
1/23/2007
1/23/2007
22
Magnetic Tape
Manufacturing
Operations:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
EE
42 U.S.C. 7401
et seq. (Clean
Air Act)
59 FR
64596
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants at
magnetic tape manufacturing
operations.
12/15/1994
12/15/1994
23
Organic Liquids
Distribution:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
EEEE
42 U.S.C. 7401
et seq. (Clean
Air Act)
69 FR
5063
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
organic liquids distribution.
2/3/2004
2/3/2004
77
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Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
24
Synthetic
Organic
Chemical
Manufacturing:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart F
42 U.S.C. 7401
et seq. (Clean
Air Act)
59 FR
19454
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants at
synthetic organic chemical
manufacturing facilities.
4/22/1994
4/22/1994
25
Miscellaneous
Organic
Chemical
Manufacturing:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
FFFF
42 U.S.C. 7401
et seq. (Clean
Air Act)
68 FR
63888
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants at
organic chemical manufacturing
facilities.
11/10/2003
11/10/2003
26
Synthetic
Organic
Chemical
Manufacturing
for Process
Vents, Storage
Vessels, Transfer
Operations, and
Wastewater:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart G
42 U.S.C. 7401
et seq. (Clean
Air Act)
59 FR
19468
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
process vents, storage vessels,
transfer operations, and
wastewater at synthetic organic
chemical manufacturing
facilities.
4/22/1994
4/22/1994
78
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Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
27
Pharmaceuticals:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
GGG
42 U.S.C. 7401
et seq. (Clean
Air Act)
63 FR
50326
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
pharmaceutical production.
9/21/1998
9/21/1998
28
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
29
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
30
Coating
Manufacturing:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
HHHHH
42 U.S.C. 7401
et seq. (Clean
Air Act)
68 FR
69185
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants at
coating manufacturing facilities.
12/11/2003
12/11/2003
79
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Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
31
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
32
Mercury Cell
Chlor-Alkali
Plants: National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
mil
42 U.S.C. 7401
et seq. (Clean
Air Act)
68 FR
70928
Air
Pollution
The regulation establishes
mercury emissions standards for
hazardous air pollutants at
mercury cell chlor-alkali plants.
12/19/2003
12/19/2003
33
Polyvinyl
Chloride and
Copolymers
Production:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart J
42 U.S.C. 7401
et seq. (Clean
Air Act)
67 FR
45891
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
polyvinyl chloride and
copolymer production.
7/10/2002
7/10/2002
Updated 4/17/2012
(Subpart
HHHHHHH).
80
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Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
34
Group IV
Polymers and
Resins: National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
JJJ
42 U.S.C. 7401
et seq. (Clean
Air Act)
61 FR
48229
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
Group IV polymer and resin
production.
9/12/1996
9/12/1996
35
Acrylic and
Modacrylic
Fibers
Production:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
LLLLLL
42 U.S.C. 7401
et seq. (Clean
Air Act)
72 FR
38899
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
acetal resins, acrylic, modacrylic
fibers, carbon black, hydrogen
fluoride, polycarbonate,
ethylene, spandex, and cyanide
production facilities.
7/16/2007
7/16/2007
36
Pesticide Active
Ingredient:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
MMM
42 U.S.C. 7401
et seq. (Clean
Air Act)
64 FR
33589
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
pesticide active ingredient
production.
6/23/1999
6/23/1999
37
Carbon Black
Production:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
MMMMMM
42 U.S.C. 7401
et seq. (Clean
Air Act)
72 FR
38904
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants at
carbon black production
facilities.
7/16/2007
7/16/2007
81
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Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
38
Hydrochloric
Acid Production:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
NNNNN
42 U.S.C. 7401
et seq. (Clean
Air Act)
68 FR
19090
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants at
hydrochloric acid production
facilities
4/17/2003
4/17/2003
39
Ethylene Oxide
Emissions
Standards for
Sterilization
Facilities:
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
62589
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
ethylene oxide emissions at
sterilization facilities.
12/6/1994
12/6/1994
40
Manufacture of
Amino/Phenolic
Resins: National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
OOO
42 U.S.C. 7401
et seq. (Clean
Air Act)
65 FR
3290
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for the
manufacture of amino/phenolic
resins.
1/20/2000
1/20/2000
41
Polyether
Polyols: National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
PPP
42 U.S.C. 7401
et seq. (Clean
Air Act)
64 FR
29439
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
polyether polyol production.
6/1/1999
6/1/1999
82
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Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
42
Industrial
Process Cooling
Towers: National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart Q
42 U.S.C. 7401
et seq. (Clean
Air Act)
59 FR
46350
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
industrial process cooling towers
banning the use of chromium-
based water treatment chemicals
in industrial process cooling
towers.
9/8/1994
9/8/1994
43
Group I
Polymers and
Resins: National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart U
42 U.S.C. 7401
et seq. (Clean
Air Act)
62 FR
46925
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
Group I polymer and resin
production.
9/5/1996
9/5/1996
44
Chemical
Manufacturing
Area Sources:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
WWW
42 U.S.C. 7401
et seq. (Clean
Air Act)
74 FR
56041
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants at
cellulose production
manufacturing facilities.
10/29/2009
10/29/2009
83
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Federal Environmental Regulations Applicable to Chemical Manufacturing Facilities (NAICS 325)
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
45
Epoxy Resins
Production and
Non-Nylon
Polyamides
Production:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
W
42 U.S.C. 7401
et seq. (Clean
Air Act)
60 FR
12676
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
epoxy resin and non-nylon
polyamide production.
3/8/1995
3/8/1995
46
Reinforced
Plastics
Composites
Production:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
WWWW
42 U.S.C. 7401
et seq. (Clean
Air Act)
68 FR
19402
Air
Pollution
The regulation establishes
emissions standards for
hazardous air pollutants for
reinforced plastics composites
production.
4/21/2003
4/21/2003
47
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
84
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Federal Environmental Regulations Applicable to Chemical Manufacturing Facilities (NAICS 325)
Row
Regulation
Citation
Authority
Source(s)
Focus
Overview
Final Rule
Published
Effective
Date
Notes
48
Acetal Resins,
Acrylic,
Modacrylic
fibers, Carbon
Black, Hydrogen
Fluoride,
Polycarbonate,
Ethylene,
Spandex, and
Cyanide:
Minimum
Achievable
Control
Technology
Standards
(MACTS)
40 CFR Part
63 Subpart
YY
42 U.S.C. 7401
et seq. (Clean
Air Act)
64 FR
34921
Air
Pollution
The regulation establishes
minimum achievable control
standards for acetal resins,
acrylic, modacrylic fibers,
carbon black, hydrogen fluoride,
polycarbonate, ethylene,
spandex, and cyanide.
6/29/1999
6/29/1999
49
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
50
Reciprocating
Internal
Combustion
Engines:
National
Emissions
Standards for
Hazardous Air
Pollutants
(NESHAPs)
40 CFR Part
63 Subpart
7777,
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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Date
Notes
51
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 in 61 FR
31668, 6/20/1996.
Electric utilities,
refineries, and
chemical
manufacturing
facilities identified as
part of regulated
universe as of
6/20/1996.
52
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.
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Date
Notes
53
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
54
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
55
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
12/29/2009
1/1/2010
2010 was the first
year of data
collection.
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Notes
manufacturers of vehicles and
engines.
56
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
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Effective
Date
Notes
57
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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Date
Notes
58
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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59
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.
91
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Notes
60
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.
92
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Notes
61
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 IRCRAI)
45 FR
33221
Emergency
Planning
and
Response
Stipulates that hazardous waste
facilities must be designed,
constructed, maintained, and
operated to minimize the
possibility of a fire, explosion, or
unplanned release of hazardous
waste or hazardous waste
constituents. Requires that all
facilities obtain emergency
response equipment - alarm
system, telephone or radio, fire
extinguishers, and water supply -
and sets requirements for testing
and maintenance of that
equipment. Sets aisle space
requirement for movement of
personnel, fire protection
equipment, spill control
equipment, and decontamination
equipment to any part of the
facility. Owners and operators
must make arrangements for
familiarization and response with
local police, fire, and emergency
response teams, state emergency
response teams, and local
hospitals.
5/19/1980
11/19/1980
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Notes
62
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
63
CERCLA
Designation,
Reportable
Quantities, and
Notification
40 CFR Part
302
33 U.S.C. 1251
et seq. (Clean
Water Act
[CWA])
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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Notes
64
CERCLA
Emergency
Planning and
Notification
40 CFR Part
355
42 U.S.C.
11001 et seq
(Emergency
Planning and
Community
Right-to-Know
Act [EPCRA])
73 FR
65462
Emergency
Planning
and
Response
CERCLA Emergency Planning
and Notification requires
disclosure of facility information
to allow state and local
authorities to develop and
implement chemical emergency
response plans if facilities handle
designated extremely hazardous
substances above established
thresholds.
10/17/1986
10/17/1986
Date final rule
published and
effective date are the
date SARA (and
EPCRA) were
enacted.
65
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.
66
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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Notes
67
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.
68
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
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Effective
Date
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69
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
97
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Source(s)
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Final Rule
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Effective
Date
Notes
70
Pesticide
Registration and
Classification
Procedures
40 CFR Part
152
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA])
53 FR
15975
Hazardous
Substances
Management
Establishes registration
procedures for pesticide products
under FIFRA section 3, which
include setting of data
requirements, agency review
protocols, classification of
pesticides, and registration fees.
In establishing registration
regulations for pesticide
products, the regulation
identifies substances that are
pesticide products: any substance
intended for a pesticidal purpose,
i.e., for the purpose of
preventing, destroying, repelling
or mitigating any pest or use as a
plant regulatory, defoliant, or
desiccant. The rule also
identifies substances excluded
from regulation under FIFRA.
5/4/1988
5/4/1988
Amended by the
Pesticide
Registration
Improvement Act
(PRIA) in 2003
(PRIA 1), 2007
(PRIA 2), and 2012
(PRIA 3). PRIA
legislation created a
registration service
fee system, amended
registration
procedure, and
implemented new IT,
labeling, and safety
grants.
98
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Regulation
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Overview
Final Rule
Published
Effective
Date
Notes
Amended 6/19/1995
(see 60 FR 32096).
71
Pesticide
Registration
Policies and
Interpretations
40 CFR Part
153
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA])
53 FR
15989
Hazardous
Substances
Management
Determines the substances used
in pesticides to be categorized as
active and inert ingredients.
Establishes rules for pesticide
coloration or discoloration to
protect health and the
environment.
5/4/1988
5/4/1988
Amended by the
Pesticide
Registration
Improvement Act
(PRIA) in 2003
(PRIA 1), 2007
(PRIA 2), and 2012
(PRIA 3). PRIA
legislation created a
registration service
fee system, amended
registration
procedure, and
implemented new IT,
labeling, and safety
grants.
72
Pesticide Special
Review
Procedures
40 CFR Part
154
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA])
50 FR
49015
Hazardous
Substances
Management
Provides standards for EPA to
create and initiate a review
system to determine whether to
cancel, deny, or reclassify
registration of a pesticide
product because uses of that
product may cause unreasonable
adverse effects on the
environment.
11/27/1985
11/27/1985
Amended by the
Pesticide
Registration
Improvement Act
(PRIA) in 2003
(PRIA 1), 2007
(PRIA 2), and 2012
(PRIA 3). PRIA
legislation created a
registration service
fee system, amended
registration
procedure, and
implemented new IT,
labeling, and safety
grants.
99
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Source(s)
Focus
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Final Rule
Published
Effective
Date
Notes
73
Registration
Standards and
Registration
Review
40 CFR Part
155
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA] and
amendments)
50 FR
49001
Hazardous
Substances
Management
Establishes procedures for the
registration review program
required under FIFRA section
3(g). Review process looks at a
pesticide's registration to ensure
that each pesticide registration
satisfies FIFRA standards. Each
pesticide must be reviewed every
15 years. The review process
considers, according to FIFRA
requirements, whether a
pesticide causes unreasonable
adverse effects on the
environment. The regulations
also allow EPA to request
additional data in order to
perform registration reviews.
EPA may also undertake a
review of any pesticide product
at any time, regardless of
whether the product is up for a
scheduled review.
11/27/1985
11/27/1985
Registration review
procedures in 40
CFR Part 155,
Subpart C published
8/9/2006 and
effective 10/10/2006
(see 71 FR 45732).
Amended by the
Pesticide
Registration
Improvement Act
(PRIA) in 2003
(PRIA 1), 2007
(PRIA 2), and 2012
(PRIA 3). PRIA
legislation created a
registration service
fee system, amended
registration
procedure, and
implemented new IT,
labeling, and safety
grants.
100
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Final Rule
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Effective
Date
Notes
74
Labeling
Requirements for
Pesticides and
Devices
40 CFR Part
156
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA] and
amendments)
40 FR
28268
Hazardous
Substances
Management
Establishes labeling
requirements for pesticides and
pesticide containers. Labels are
intended both to include
precautionary information about
pesticide use and risk to health
and environment, and to provide
sufficient data on pesticide
contents and manufacturer.
Labeling requirements include
basic manufacturing, content,
and registration information, as
well as prominence, legibility,
language, and placement
requirements. Labels must also
contain information and
language about human hazards
and physical or chemical hazards
pesticide poses, including
toxicity, first aid procedures, and
child hazards. Labels must also
include warnings about
environmental hazards, such as
hazards to non-target organisms.
7/3/1975
8/4/1975
Labeling
requirements
amended multiple
times since 1975,
most recently
12/12/2008 (see 73
FR 75596).
Amended by the
Pesticide
Registration
Improvement Act
(PRIA) in 2003
(PRIA 1), 2007
(PRIA 2), and 2012
(PRIA 3). PRIA
legislation created a
registration service
fee system, amended
registration
procedure, and
implemented new IT,
labeling, and safety
grants.
101
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75
Data
Requirements for
Pesticides
40 CFR Part
158
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA] and
amendments)
72 FR
60957
Hazardous
Substances
Management
Specifies the data and
information EPA requires in
order to make regulatory
determinations under FIFRA
sections 3, 4, and 5 about the
risks and benefits of pesticide
products. Applicants for
pesticide registration,
reregistration, and registration
review must meet these data
requirements in their application
materials. Regulation also
provides policies and procedures
for data submission and
management.
Data requirements under this
regulation include product
chemistry, product performance,
toxicology, ecological effects
(i.e., effect on non-target
organisms and environment),
applicator exposure, post
application exposure, human
health assessments, spray drift,
environmental fate, and residue
chemistry. Includes specific data
requirements according to
pesticide type: conventional
pesticides, biochemical
pesticides, microbial pesticides,
antimicrobial pesticides, and
public health and nonpublic
health claims.
10/26/2007
12/26/2007
Data requirements
for antimicrobial
pesticides published
5/8/2013 and
effective 7/8/2013
(see 78 FR 26978).
102
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76
Pesticide Product
Statements of
Policies and
Interpretations
40 CFR Part
159
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA] and
amendments)
62 FR
49388
Hazardous
Substances
Management
Only Subpart D of Part 159
currently published. Requires
that pesticide registrations that
obtain additional factual
information regarding
unreasonable adverse effects on
the environment of a registered
pesticide must submit that
information to EPA. Registrants
may gain information on adverse
effects of pesticide from results
of toxicological or ecological
studies, human epidemiological
and exposure studies, and
performance results. Establishes
criteria for compliance (e.g.,
information that must be
submitted, submission
timeframe).
9/19/1997
6/16/1998
77
Good Laboratory
Standards for
Pesticide Product
Data
Submissions
40 CFR Part
160
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA] and
amendments)
54 FR
34067
Hazardous
Substances
Management
Prescribes good laboratory
practices for conducting studies
that support applications for
research or marketing permits for
pesticide products. Assures
quality and integrity of data
submitted pursuant to sections 3-
5, 8, 18, and 24(c) of FIFRA.
Establishes standards for
organization and personnel,
facilities, equipment, operations,
and test, control, and reference
substances, as well as safety
standards. Also sets reporting
and data retention requirements.
8/17/1989
10/16/1989
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Allows EPA or FDA to inspect
testing facilities
78
State
Registration of
Pesticide
Products
40 CFR Part
162
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA])
46 FR
2014
Hazardous
Substances
Management
Establishes regulations
governing state pesticide product
registration, formulation, and
distribution rules. Provides
allowances for states to meet
special local needs under section
24(c) of FIFRA, but also allows
EPA to disapprove state
registration programs and
suspend state registration
authority.
1/7/1981
1/7/1981
Original rule actually
effective after 60
days of continuous
congressional session
from the date of
publication.
Amendments
published 5/4/1988
(see 53 FR 15999)
and 6/19/1995 (see
60 FR 32097).
79
Rules of Practice
Governing
Hearings under
FIFRA
40 CFR Part
164
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA])
38 FR
19371
Hazardous
Substances
Management
Establishes protocol for hearings
conducted pursuant to FIFRA
regarding refusals to register,
and cancellation of registration,
as well as suspension
proceedings.
7/20/1973
7/20/1973
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80
Pesticide
Management and
Disposal
40 CFR Part
165
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA] and
amendments)
71 FR
47422
Hazardous
Substances
Management
Establishes standards and
requirements for pesticide
containers, repackaging
pesticides, and pesticide
containment structures.
Regulations include standards
for nonrefillable container design
and residue removal, refillable
container design, standards for
packaging pesticides, and the
design for secondary pesticide
containment units.
38945
39006
105
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81
Registration of
Pesticide and
Active
Ingredient
Producing
Establishments,
Submission of
Pesticide Reports
40 CFR Part
167
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA])
53 FR
35058
Hazardous
Substances
Management
Requires the registration of any
establishment that produces
pesticidal products, substances
used as active ingredients in
pesticides, or pesticidal product
for export. Establishments must
provide facility and company
information upon registration
and submit annual reports to
EPA prior to 3/1 of each year.
Annual reports must include
information on the amount of
pesticidal product produced at
the establishment in the prior
year, distributed or sold by the
establishment in the prior year,
and an estimate of production for
the current year.
9/8/1988
9/8/1988
Original rule actually
effective after 60
days of continuous
congressional session
from the date of
publication.
Amendments
published 8/9/1989
(see 54 FR 32638),
6/23/1993 (see 58 FR
24203), 9/23/1997
(see 62 FR 49620),
and 1/31/2000 (see
65 FR 4577).
Amended by the
Pesticide
Registration
Improvement Act
(PRIA) in 2003
(PRIA 1), 2007
(PRIA 2), and 2012
(PRIA 3). PRIA
legislation created a
registration service
fee system, amended
registration
procedure, and
implemented new IT,
labeling, and safety
grants.
106
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Requires that all producers of
pesticides, devices, or active
ingredients used in pesticides
maintain records for EPA
registration of each product,
brand names and quantities
produced, distribution and sale
records, shipment records,
inventory records, advertisement
records, guarantee, export
records (if applicable) human
testing records, test reports, and
other pesticide registration data
records.
82
Books and
Records of
Pesticide
Production and
Distribution
40 CFR Part
169
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA])
45 FR
54338
Hazardous
Substances
Management
Regulation also requires that all
producers of pesticides, devices,
or active ingredients used in
pesticides allow for inspection of
records to EPA or state
authority.
8/15/1980
10/14/1980
Amendment
published 2/18/1993
(see 58 FR 9090).
107
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83
Pesticide Product
Experimental
Use Permits
40 CFR Part
172
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA] and
amendments)
40 FR Part
18782
Hazardous
Substances
Management
Requires that any owner or
operator obtain an experimental
use permit for the testing of any
unregistered pesticide or for the
testing of any registered
pesticide for an unregistered use.
Requirement applies to
laboratory or greenhouse tests,
field trials, and efficacy, toxicity,
or other property tests. Includes
tests conducted by pesticide
producers. Requires testers to
submit results and data from
tests to the EPA, as well as a
final report upon expiration of
experimental use permit. Permit
includes specific labeling
requirements for pesticides
shipped or used under an
experimental use permit.
Regulation includes provisions
for state issuance of
experimental use permits and
requirements for EPA approval
of state permitting programs,
published 7/18/1979 (44 FR
41787).
Regulation also includes separate
notification and data
requirements for testing of
microbial pesticides (published
9/1/1994 in 59 FR 45612)
4/30/1975
4/30/1975
Amendments
published 9/1/1994
(see 59 FR 45611),
6/19/1995 (see 60 FR
32097), 6/21/2006
(see 71 FR 35546),
and 12/12/2008 (see
73 FR 75599).
108
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84
Procedures and
Requirements for
Plant-
Incorporated
Protectants
40 CFR Part
174
7 U.S.C. §136
et seq. (Federal
Insecticide,
Fungicide, and
Rodenticide Act
[FIFRA] and
amendments)
66 FR
37814
Hazardous
Substances
Management
Establishes regulatory
requirements for producers of
plant-incorporated protectants.
Requirements include
notification of any events in
which plant-incorporated
protectants had adverse effects
on human health or the
environment.
7/19/2001
9/17/2001
Amendments
published 6/21/2006
(see 71 FR 35546)
and 4/25/2007 (see
72 FR 20434).
85
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.
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86
Toxic
Substances
Control Act
Chemical
Data Reporting
40 CFR Part
711
15 U.S.C.
2607(a) (Toxic
Substance
Control Act)
76 FR
54933
Hazardous
Substances
Management
The Chemical Data Reporting
(CDR) Rule, issued under the
Toxic Substances Control Act
(TSCA), requires manufacturers
(including importers) to give
EPA information on the
chemicals they produce
domestically or import into the
United States in annual
quantities greater than 25,000
pounds. EPA uses the data to
help assess the potential human
health and environmental effects
of these chemicals and makes the
non-confidential business
information it receives available
to the public.
9/6/2011
9/6/2011
87
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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88
Toxic
Substances
Control Act
Regulations
40 CFR
Parts 700-
799
15U.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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89
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
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.
112
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chemical release forms to
include an annual toxic chemical
source reduction and recycling
report with that filing.
113
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90
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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91
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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92
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 IRCRAI)
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
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regulation, effective
5/2/1991 (see 55 FR
46354), and 2/8/1999
(see 63 FR 42110).
117
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93
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/month
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).
94
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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95
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).
119
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96
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 IRCRAI)
45 FR
33221
Hazardous
Waste
Management
and Disposal
Every owner and operator of a
hazardous waste facility must
apply for an EPA identification
number in order to fulfill EPA
notification procedures. Subpart
requires owners and operators of
hazardous waste facilities to
submit notices upon arranging
for receipt of hazardous waste
from off-site sources. Facilities
must meet location standards,
including consideration of
seismic environment,
floodplains, and salt dome
formations. Prior to treatment,
storage, or disposal of hazardous
wastes, owners and operators
must obtain detailed chemical
and physical analysis of a
representative sample of waste.
Owners and operators must
establish sufficient security
programs to prevent unknowing
and unauthorized entry of
persons or livestock into the
active portion of the facility.
Regulation establishes general
inspection requirements to check
for malfunctions, deterioration,
operator error, and discharges.
Personnel at hazardous waste
facilities must also complete a
training program directed by an
individual trained in hazardous
waste management procedures;
5/19/1980
11/19/1980
Amended numerous
times since
implementation.
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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.
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97
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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98
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 affect
removal 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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99
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
If a facility receives hazardous
waste accompanied by a
manifest, the owner or operator
must sign and date the manifest
to certify receipt, and note any
discrepancies in the manifest. If
a facility accepts hazardous
waste without an accompanying
manifest, facility must notify
EPA regional office within 15
days. Facilities must also notify
EPA regional office of releases,
fires, or explosions and facility
closure.
This regulation imposes
requirement on facilities to keep
an operating record including
descriptions and quantities of
hazardous wastes received, as
well as waste analyses, reports,
and inspections. Owners and
operators must also generate and
notice closure and post-closure
cost estimates. These operating
records must be maintained at
facilities for five years and must
be made available for EPA
review. Once every two years,
owners and operators must
submit a report to the EPA
regional offices describing
activities for the previous year.
5/19/1980
11/19/1980
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100
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 IRCRAI)
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
7/26/1982
1/26/1983
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so that regulated units are in
compliance with groundwater
protection standards. Corrective
action programs must be
implemented to protect human
health and the environment.
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101
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 IRCRAI)
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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102
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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103
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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104
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 IRCRAI)
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
7/14/1986
1/12/1987
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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
containment systems, including
acquisition of financial
responsibility.
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105
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 IRCRAI)
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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106
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 IRCRAI)
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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107
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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108
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 IRCRAI)
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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109
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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110
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 IRCRAI)
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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111
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
112
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 [RCRA])
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.
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113
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 suite of specific
hazardous materials. Regulations
set standards for the disposal of
the materials and the burning of
hazardous waste for energy. The
rule applies to batteries and
disposal of recyclable materials.
1/4/1985
1/4/1985
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114
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.
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
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Certain individual subparts are
discussed at greater length,
below.
between 1988-1990
(see 55 FR 22520)
and 1993-1994.
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115
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 [RCRA])
51 FR
40642
Hazardous
Waste
Management
and Disposal
Establishes waste-specific
prohibitions for land disposal for
the following wastes: dyes and
pigment production wastes,
wood preserving wastes, dioxin-
containing wastes, soils with
toxicity characteristics of metals
and PCBs, chlorinated aliphatic
wastes, toxicity characteristic
metal wastes, petroleum refining
wastes, inorganic chemical
wastes, ignitable and corrosive
wastes, coke by-products, spent
aluminum pot liners, reactive
wastes, and carbamate wastes.
11/7/1986
11/8/1986
Prohibition initially
imposed on spent
solvents.
Waste prohibitions
promulgated on an
iterative basis
through amendments
following initial
implementation from
1998-2005.
Petroleum refining
waste prohibitions
published 8/6/1998
and effective
2/8/1999 (see 63 FR
42186).
116
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 [RCRA])
51 FR
40642
Hazardous
Waste
Management
and Disposal
Establishes treatment standards
that prohibited wastes must meet
in order to be land disposed.
Standards expressed as
concentrations of waste extract,
required technologies used, and
waste concentrations. Establishes
treatment standards for
hazardous debris prior to land
disposal. Also establishes
universal treatment standards
based on the concentration of
hazardous constituents, along
with wastewater treatment
standard levels. Alternative land
disposal restriction standards for
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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contaminated soil treatment
standards also set.
117
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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118
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 Part B (a narrative
document). Existing hazardous
waste management facilities
must submit Part A in a timely
fashion following promulgation
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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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.
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119
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.
120
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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121
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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122
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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123
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
FR 43322
Hazardous
Waste
Management
and Disposal
This rule establishes technical
standards and requirements
related to underground storage
tanks (UST). The rule outlines:
scope, installation requirements
for partially excluded UST
systems; design, construction,
installation, and notification of
UST systems; operating
requirements; release detection;
release reporting, investigation,
confirmation; release response
and corrective action for UST
systems containing petroleum or
hazardous substances; out of
service UST systems/closures;
financial responsibility; lender
liability; operator training; and
UST systems and field
constructed tanks and airport
hydrant fuel distribution
systems.
9/23/1988
10/26/1989
Revised in 2015 (see
80 FR 41565).
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124
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
FR 43322
Hazardous
Waste
Management
and Disposal
This rule covers requirements for
approval of underground storage
tank programs. Requirements for
approval include: release
detection and reporting, lender
liability, and financial
responsibility 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).
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125
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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126
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.
127
Permits for
Structures or
Work in
Affecting
Navigable
Waters of the
United States
33 CFR Part
322
33 U.S.C. 403.
(Clean Water
Act)
51 FR
41228
Water
Pollution
Rule affects certain structures or
work in or affecting navigable
waters in the US. Operators of
such structures or works must
obtain permits.
11/13/1986
11/13/1986
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128
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
5/25/1905
5/25/1905
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control of disposal of pollutants
into wells.
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129
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
130
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.
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131
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
general public and Indian
reservation lands) and allows for
enforcement and punishment of
the regulations. Drinking water
sources include wells and other
underground sources. Wells are
divided into 5 classes and
defined, some deal with
hazardous waste, oil or natural
gas, minerals, radioactive waste,
and more. Some materials
require permits to inject
underground.
4/1/1983
4/1/1983
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132
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.
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133
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
5/9/1974
5/9/1974
Multiple
amendments and
revisions on source
by source basis.
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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.
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134
Organic
Chemicals,
Plastics, and
Synthetic Fibers
40 CFR Part
414
33 U.S.C.
1311(b)(1)(A)
and 1314(b)
(Federal Water
Pollution
Control Act)
52 FR
42522
Water
Pollution
Establishes effluent guidelines
for wastewater discharges from
chemical manufacturing facilities
that produce benzene,
polypropylene, polyvinyl
chloride, rubber precursors,
chlorinated solvents, toluene,
rayon, nylon, and polyester.
11/5/1987
11/5/1987
Amended/revised
6/27/1989,
6/29/1990,
9/11/1992, and
7/9/1993.
135
Inorganic
Chemicals
Manufacturing
Effluent
Guidelines
40 CFR Part
415
33 U.S.C.
1311(b)(1)(A)
and 1314(b)
(Federal Water
Pollution
Control Act)
47 FR
28278
Water
Pollution
Establishes effluent guidelines
for suite of inorganic chemical
manufacturing processes.
6/29/1982
6/29/1982
136
Pesticide
Chemical
Effluent
Guidelines
40 CFR Part
455
33 U.S.C.
1311(b)(1)(A)
and 1314(b)
(Federal Water
Pollution
Control Act)
43 FR
17776
Water
Pollution
The rule provides effluent
limitations and
standards for four subcategories
and test methods for certain
pesticides and processes:
1.Organic Pesticide Chemicals
Manufacturing;
2.Metallo-Organic Pesticide
Chemicals Manufacturing;
3.Pesticide Chemicals
Formulating and Packaging;
4.Repackaging of Agricultural
Pesticides Performed at Refilling
Establishments.
4/25/1978
4/25/1978
Amended/revised
11/6/1996,
7/22/1998, and
3/12/2007.
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Effective
Date
Notes
137
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
138
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,
2/19/1993
2/19/1994
Effective date of
2/19/1995 if
compliance requires
construction of new
facilities.
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Final Rule
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Effective
Date
Notes
Safe Drinking Water Act,
Marine Protection, Research, and
Sanctuaries Act or Clean Air
Act.
139
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 the purpose of ocean
dumping; (2) transportation of
material from anywhere for the
purpose of ocean dumping by
U.S. agencies or U.S.-flagged
vessels; (3) dumping of material
transported from outside the
United States into the U.S.
territorial sea. A permit is
required to deviate from these
prohibitions.
1/11/1977
1/11/1977
162
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APPENDIX III. STATE ENVIRONMENTAL REGULATIONS
The following tables summarize state environmental regulations relevant to chemical
manufacturing facilities in a sample of states representative of the geographic distribution of
chemical manufacturing facilities in the United States. The sample comprises the states that
contain 50 percent of the chemical manufacturing facilities in the country, and includes:
California, Texas, Illinois, Florida, New Jersey, Pennsylvania, New York, and Georgia.
The tables that follow present lists and summaries of the state regulations relevant to chemical
manufacturing facilities. In many cases, states adopt federal regulations or incorporate the federal
regulations by reference.
163
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Table A. California: State Environmental Regulations Relevant to Chemical Manufacturing Facilities
California Environmental Regulations Applicable to the Chemical Manufacturing Facilities (NAICS 325)
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.
3
List of Hazardous
Air Pollutants
Identified as
17 CCR § 93001
Air Pollution
List of hazardous air pollutants designated
to be toxic air contaminants.
4/8/1994
164
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Regulation
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Focus
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Effective
Date
Notes
Toxic Air
Contaminants.
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.
165
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Notes
5
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 an RMP.
7/10/1997
Last amended
10/1/2017.
7
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
166
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Citation
Focus
Overview
Effective
Date
Notes
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
10
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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12
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.
168
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Notes
15
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.
17
Underground
Storage Tank
Regulations
23 CCR 2610-
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.
169
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Effective
Date
Notes
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.
19
Hazardous
Substances and
Processes
8 CCR § 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
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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 F (37.8
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.
22
Process Safety
Management of
Acutely
Hazardous
Materials
8 CCR 5189
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 F (37.8 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.
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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.
25
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.
172
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Overview
Effective
Date
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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.
30
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.
173
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Date
Notes
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.
34
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
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.
174
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
Monitoring
Requirements
175
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Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
36
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.
176
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Table B. Florida: State Environmental Regulations Relevant to Chemical Manufacturing Facilities
Florida Environmental Regulations Applicable to the Chemical Manufacturing Facilities (NAICS 325)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
1
Air Pollution
Control - General
Provisions
F.A.C. 62-204
Air Pollution
Florida air pollution regulations include
adoption of federal National Ambient Air
Quality Standards (40 CFR Part 50), New
Source Performance Standards (40 CFR
Part 60), National Emissions Standards for
Hazardous Air Pollutants (40 CFR Part 63),
state operating permit programs (40 CFR
Part 70), Acid Rain Program regulations
(40 CFR Part 72-78), Protection of
Stratospheric Ozone regulations (40 CFR
Part 82), and Control of Emissions from
New and In-Use Non-Road Compression
Engine regulations (40 CFR Part 89),
among other federal air pollution
regulations.
7/21/2006
Last amended
9/25/2018.
2
Stationary
Sources - General
Requirements
F.A.C. 62-210
Air Pollution
Requires owners and operators of facilities
that emit or can reasonably be expected to
emit air pollutants to obtain authorization
from the Florida Department of the
Environmental Protection for authorization
of relevant operations through air general
and air construction permits. Includes some
facility- and facility feature-specific permit
requirements, requirements for public
notice and comment, and unit-specific
secondary emission limits for transient
modes of operation.
8/26/1981
Last amended 7/3/2018.
177
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
3
Stationary
Sources -
Preconstruction
Review
F.A.C. 62-212
Air Pollution
Establishes preconstruction review
requirements for any new major stationary
source emission unit and facility
construction. Requirements differ by
whether the area where the source is located
has attained the National Ambient Air
Quality Standards - in which case a
Prevention of Significant Deterioration
permit would apply - or not - in which case
a Preconstruction Review of Nonattainment
Areas permit would apply. Also stipulates
conditions for Plantwide Applicability
Limit permits.
5/20/1997
Last amended
2/16/2012.
4
Operation
Permits for Major
Sources of Air
Pollution
F.A.C. 62-213
Air Pollution
Creates a comprehensive operation permit
system for major sources of air pollution.
Permitting framework includes annual
emission fees, trading of emissions within a
single source to comply with federal
emissions caps established through the
permit, and provisions for permit review by
federal EPA and affected states.
11/28/1993
Last amended
12/31/2013.
5
Asbestos
Program
F.A.C. 62-257
Air Pollution
Establishes fee schedule for asbestos
removal projects.
2/9/1999
Last amended
10/12/2008.
178
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Date
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6
Stationary
Sources -
Emission
Standards
F.A.C. 62-296
Air Pollution
Establishes emission limiting standards and
compliance requirements for stationary
sources of air pollutant emissions. Includes
emission limits for specific categories of
facilities and emission units - including
fossil fuel steam generators, sulfuric acid
plants, and nitric acid plants. Also
establishes reasonably available control
technology requirements. Establishes
standards and testing methods for
particulate matter, as well as standards for
visible air emissions and prohibition of
objectionable odors.
Also implements federal Clean Air
Interstate rule.
11/23/1994
Last amended 2/8/2017.
7
Stationary
Sources -
Emissions
Monitoring
F.A.C. 62-297
Air Pollution
Establishes general emissions test
requirements and standards, including EPA
volatile organic compound capture
efficiency test procedures.
11/23/1994
Last amended
7/10/2014.
8
Short-Term
Emergency
Response
F.A.C. 62-107
Emergency
Planning and
Response
Allows the Department of Environmental
Protection to use monies from the Water
Quality Assurance Trust Fund in order to
pay for activities in responding to a short-
term emergency, including assessing
emergency, remediating emergency,
relieving emergency, and providing
temporary sources of drinking water.
2/16/1984
Last amended
2/16/1984.
179
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9
Hazardous
Substance
Release
Notification
F.A.C. 62-150
Emergency
Planning and
Response
Requires owners and operators of facilities
to notify the Florida Department of
Environmental Protection upon knowledge
of release of a hazardous substance in a
quantity equal to or exceeding the
reportable quantity.
11/27/1988
Last amended
11/27/1988.
10
Contaminant
Cleanup Target
Levels
F.A.C. 62-777
Emergency
Planning and
Response
Provides criteria that apply to site
rehabilitation at sites that are governed by
the terms of a brownfield site rehabilitation
agreement (62-785), to site rehabilitation
pursuant to the Florida hazardous waste
provisions (62-730), to program specific
contaminants for site rehabilitation pursuant
to petroleum contamination site cleanup
criteria (62-770), to program specific
contaminants for site rehabilitation pursuant
to dry-cleaning solvent cleanup criteria (62-
782), or at soil treatment facilities (62-713).
Sets contaminant target levels for
groundwater, surface water, and soil for
cleanup actions.
8/5/1999
Last amended
4/17/2005.
11
Contaminated
Site Cleanup
Criteria
F.A.C. 62-780
Emergency
Planning and
Response
Establishes cleanup criteria and procedure
for site rehabilitation conducted at sites
contaminated with pollutants, hazardous
substances, dry-cleaning solvents, and
petroleum and petroleum products.
2/16/2012
Last amended 2/2/2017.
180
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12
Brownfields
Cleanup Criteria
F.A.C. 62-785
Emergency
Planning and
Response
Establishes cleanup criteria for brownfield
site rehabilitation, i.e., any site
rehabilitation that is governed by the terms
of a Brownfield Site Rehabilitation
Agreement. Cleanup criteria established to
protect human health, public safety, and
environment. Provides for a phased, risk-
based corrective action process to
determine criteria that tailors the
rehabilitation tasks to the site-specific
circumstances and risks, and considers the
proposed redevelopment project. Includes
provision for site and risk assessments,
transport and statistical model
requirements, quality assurance
requirements, provisions for interim source
removal, provisions for active and post-
active remediation, and monitoring, and
certification guidelines.
4/17/2005
Last amended
6/12/2013.
13
Underground
Storage Tank
Systems
F.A.C. 62-761
Hazardous
Substances
Management
Provides requirements for underground
storage tank systems that store regulated
substances in order to minimize the
occurrence and environmental risk of
releases and discharges. Includes provisions
for compliance inspections.
6/21/2004
Last amended
1/11/2017.
14
Aboveground
Storage Tank
Systems
F.A.C. 62-762
Hazardous
Substances
Management
Provides requirements for aboveground
storage tank systems that store regulated
substances in order to minimize the
occurrence and environmental risk of
releases and discharges. Includes provisions
for compliance inspections.
6/21/2004
Last amended
1/11/2017.
181
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Underground
Injection Control
F.A.C. 62-528
Hazardous
Waste
Management
and Disposal
Establishes permitting system for
underground injection wells, including well
classifications, public notification
requirements and monitoring requirements.
6/24/1997
Last amended 2/8/2017.
16
Solid Waste
Management
Facilities
F.A.C. 62-701
Hazardous
Waste
Management
and Disposal
Establishes standards for the construction,
operation, and closure of solid waste
management facilities to limit their threat to
public health and the environment.
Standards include permit fees for solid
waste management facilities, requirements
and criteria for landfill construction and
operation, hydrogeological and
geotechnical investigation requirements,
water quality monitoring requirements, and
closure and long-term care requirements
and procedures. Also creates financial
assurance requirements for solid waste
management facilities that stipulate the
generation of a closure and corrective
action cost estimate; financial assurance
requirements can be met through deposition
of funds in landfill management escrow
account.
1/6/1993
Last amended
3/13/2016.
17
Used Oil
Management
F.A.C. 62-710
Hazardous
Waste
Management
and Disposal
Establishes a comprehensive program for
the proper management and recycling of
used oil. Requires used oil generators to
dispose of used oil with permitted used oil
processor, creates permitting programs for
used oil processing facilities, establishes
recordkeeping and reporting requirements,
and sets guidelines for the management of
used oil filters.
6/9/2005
Last amended
6/18/2018.
182
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18
Hazardous Waste
F.A.C. 62-730
Hazardous
Waste
Management
and Disposal
Identifies materials considered to be
hazardous waste. Establishes standards
applicable to generators of hazardous
waste, transporters of hazardous waste, and
hazardous waste treatment, storage, and
disposal facilities. Creates permitting
systems for operation, construction, and
closure of hazardous waste facilities.
Establishes operational and financial
assurance requirements for hazardous waste
remedial activities. Sets land disposal
restrictions. Establishes standards for
universal waste management.
1/29/2006
Last amended
6/18/2018.
19
Surface Water
Quality Standards
F.A.C. 62-302
Water
Pollution
Establishes water quality standards for the
state of Florida. Creates classification
system for surface waters. Standards set for
minimum criteria for waters within the
state, which prohibit discharges which
create nuisance deposition, float as debris,
produce water conditions such as to form a
nuisance, or pose a serious danger to the
public health, safety, and welfare.
Minimum criteria also include standards for
silver and benzene hexachloride. General
criteria establish effluent limits for suite of
water pollutants.
3/1/1979
Last amended
3/28/2017.
20
Total Maximum
Daily Loads
F.A.C. 62-304
Water
Pollution
Establishes total maximum daily loads and
allocations for all waters that have been
verified to be impaired by a pollutant. Total
maximum daily load assigned to each body
of water individually.
12/22/2004
Last amended
8/19/2018.
183
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21
Water Quality
Credit Trading
F.A.C. 62-306
Water
Pollution
Creates a water quality trading program
through which water quality credits are
generated and may be traded among
pollutant sources to reduce or eliminate
nutrient or nutrient-related impairments.
9/6/2010
Last amended
1/11/2016.
22
Best
Management
Practices Water
Quality
Monitoring
F.A.C. 62-307
Water
Pollution
Requires nonpoint source dischargers
located within Basin Management Action
Plan areas to either submit a notice of intent
to implement appropriate best management
practices or conduct water quality
monitoring to meet water quality criteria for
the Basin Management Action Plan area.
7/1/2018
Last amended 7/1/2018.
23
Environmental
Resource
Permitting
F.A.C. 62-330
Water
Pollution
The Environmental Resource Permit
program establishes permitting procedures
for the construction, alteration, operation,
maintenance, repair, abandonment, and
removal of stormwater management
systems, dams, impoundments, reservoirs,
appurtenant works, and works.
10/1/2013
Last amended 6/1/2018.
24
Mitigation Banks
F.A.C. 62-342
Water
Pollution
Creates a "mitigation bank" program in
which adverse water quality impacts can be
offset through the use of mitigation credits
from a permitted mitigation bank. Provides
criteria for the mitigation bank system.
2/2/1994
Last amended
2/19/2015.
184
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25
Water Resource
Implementation
Rule
F.A.C. 62-40
Water
Pollution
Establishes programs for management,
conservation, and protection of waters of
the state of Florida, pursuant to the Florida
Water Resources Act. Programs include
water level and water supply management,
water quality standards (implemented
through total maximum daily loads),
stormwater management, water reuse and
recycling, floodplain protection, and
regional water supply plans.
7/20/1995
Last amended 5/3/2014.
26
Ground Water
Classes,
Standards, and
Exemptions
F.A.C. 62-520
Water
Pollution
Establishes groundwater classification
system and water quality standards, as well
as monitoring requirements and correct
action procedures when facilities discharge
to groundwater in a manner that is an
imminent hazard to public health or when a
groundwater plume has extended beyond
the zone of discharge.
1/1/1983
Last amended
7/12/2009.
27
Ground Water
Permitting and
Monitoring
Requirements
F.A.C. 62-522
Water
Pollution
Establishes provisions for ground water
discharge permitting and monitoring
programs. Prohibits discharge of
contaminants into ground water that violate
state water quality standards and criteria for
groundwater as established in F.A.C. 62-
520.
4/14/1994
Repealed 7/12/2009.
185
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Domestic
Wastewater
Facilities
F.A.C. 62-600
Water
Pollution
Establishes design, operation, and
maintenance requirements for wastewater
facilities. Sets minimum treatment
standards based on required technologies
(Technology Based Effluent Limitations)
and additional treatment standards based on
water quality criteria (Water Quality Based
Effluent Limitations). Establishes
requirements for disinfection and pH
criteria. Establishes monitoring
requirements for treatment facility and
groundwater. Establishes discharge
guidelines to surface waters, coastal and
open ocean waters, and through injection
wells.
11/27/1989
Last amended 2/8/2016.
29
Collection
Systems and
Transmission
Facilities
F.A.C. 62-601
Water
Pollution
Establishes prohibitions for discharges
waste discharges to water from collection
and transmission facilities, including
discharge of acceptance by operator of a
treatment facility wastewater discharges
that have not been treated and that may
contain pollutants: that may cause fire or
explosion hazards, that may cause
excessive corrosion or deterioration of
wastewater facilities, that are solid or
viscous such that they obstruct water flow,
that result in excessive wastewater
temperatures, or that result in the presence
of toxic gases, vapors, or fumes causing
worker health and safety problems.
Provides technical guidance, design and
performance considerations, operation and
maintenance guidelines, and procedure to
obtain transmission/collection facility
permits.
11/6/2003
Last amended
11/6/2003.
186
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Wastewater
Facility and
Activities
Permitting
F.A.C. 62-620
Water
Pollution
Sets forth the procedures to obtain a permit
to construct, modify, or operate a
wastewater facility or activity which
discharges wastes into waters of the State or
which will reasonably be expected to be a
source of water pollution. It also includes
requirements and procedures for
establishing permit limitations and
conditions, issuance or denial of a permit,
extension, renewal or revision of a permit,
suspension or revocation of a permit, and
transfer of a permit to a new owner. It
contains requirements for monitoring and
reporting after the permit is issued, and lists
the forms needed to apply for a permit and
to report the results of testing and
monitoring required by this chapter.
11/29/1994
Last amended 4/6/2018.
31
General Permits
F.A.C. 62-621
Water
Pollution
Establishes the procedures for operators to
obtain National Pollutant Discharge
Elimination System (NPDES) permits and
non-NPDES, state generic permits. Also
establishes the conditions under which
permittees must operate. For some general
permits, permittee must prepare best
management practices plan. Some general
permits also require toxicity testing.
8/22/1995
Last amended
11/16/2017.
187
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Pretreatment
Requirements for
Existing and
Other Sources of
Pollution
F.A.C. 62-625
Water
Pollution
Establishes pretreatment standards for
discharge of pollutants from nondomestic
sources into wastewater facilities. Standards
include prohibited discharges and
categorical standards. Categorical standards
derived from categories in federal NPDES
standards, including categories for pesticide
manufacturing facilities and chemical
manufacturing facilities that produce
benzene, polypropylene, polyvinyl chloride,
rubber precursors, chlorinated solvents,
toluene, rayon, nylon, and polyester.
Allows for granting of removal credits to
public utility wastewater facilities equal to
destination wastewater facility's removal
rate.
11/29/1994
Last amended
5/23/2018.
33
Water Quality
Based Effluent
Limitations
F.A.C. 62-650
Water
Pollution
Provides guidelines for setting water
quality-based effluent limitations for
application in Florida water quality
standards in order to protect the beneficial
uses of state water. Creates two levels of
water quality-based effluent limitations:
Level I water quality-based effluent limits
are based on data applicable to water body
of discharge; Level II limits are determined
through an analysis of the available
assimilative capacity of a water body.
11/27/1989
Last amended
12/26/1996.
188
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Industrial
Wastewater
Facilities
F.A.C. 62-660
Water
Pollution
Establishes effluent limitations on plants
that discharge industrial wastes into the
waters of the state. Limitations are based on
technology and water quality consideration.
Technology limitations are based on the
availability of technology: best practical
control technology currently available,
which all dischargers were required to
apply; and best conventional pollutant
control technology, which all dischargers of
conventional pollutants were required to
apply. Water quality consideration
limitations are determined based on the
condition of the receiving water body and
the nature, volume, and frequency of the
proposed discharge.
11/27/1989
Last amended
3/22/2017.
189
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Regulation
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Notes
1
Permits
O.C.G.A. 391-3-
1-.03
Air Pollution
Requires construction and operating
permits for facilities from which air
contaminants are or may be emitted. This
regulation further outlines requirements for
the application, revocation, suspension,
modification, or amendment of permits;
types of permits and permit fees; and the
use nitrogen oxide and VOC Emission
Reduction Credits.
9/26/1973
Last amended
7/23/2018.
2
Hazardous Site
Response
O.C.G.A. 291-3-
19
Emergency
Planning and
Response
This regulation sets forth rules for
hazardous substance release notification,
fees for hazardous waste management and
hazardous substance reporting, Hazardous
Site Inventory listing, and corrective action
for responsible parties of hazardous sites.
6/16/1993
Last amended
9/25/2018.
3
Handling of
Materials
O.C.G.A. 300-3-
13
Emergency
Planning and
Response
Repealed rule located in the Safety
Engineering Rules section of the Labor
Safety Department. Repealed 12/31/2014.
Regulatory text no longer available online.
9/10/1968
This regulation may or
may not be relevant.
Regulatory text no
longer available online,
making it impossible to
evaluate.
4
Storage of
Materials
O.C.G.A. 300-3-
14
Emergency
Planning and
Response
Repealed rule located in the Safety
Engineering Rules section of the Labor
Safety Department. Repealed 12/31/2014.
Regulatory text no longer available online.
9/10/1968
This regulation may or
may not be relevant.
Regulatory text no
longer available online,
making it impossible to
evaluate.
190
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5
Financial
Responsibility
O.C.G.A. 391-3-
11-05
Hazardous
Substances
Management
Establishes financial responsibility
requirements for owners and operators of
hazardous waste treatment, storage, and
disposal facilities. Owners and operators
must implement a method of financial
responsibility identical or equivalent to
those outlined in the federal financial
responsibility requirements for owners and
operators of hazardous waste treatment,
storage, and disposal facilities (40 CFR Part
264 Subpart H).
9/17/1980
Last amended
9/28/2017.
6
Standards
Applicable to
Generators of
Hazardous Waste
O.C.G.A. 391-3-
11-08
Hazardous
Substances
Management
Adopts by reference the federal Standards
Applicable to Generators of Hazardous
Waste (40 CFR Part 262). Requires weekly
inspections of hazardous waste central
accumulation areas and for these
inspections to be documented and
maintained onsite.
9/17/1980
Last amended
9/28/2017.
7
Standards
Applicable to
Transporters of
Hazardous Waste
O.C.G.A. 391-3-
11-09
Hazardous
Substances
Management
Adopts by reference the federal Standards
Applicable to Transporters of Hazardous
Waste (40 CFR Part 263).
9/17/1980
Original Rule entitled
"Standards Applicable
to Transporters of
Hazardous Waste"
effective 9/17/1980.
Rule repealed and new
rule of same title
adopted 7/16/1981,
effective 8/5/1981.
8
Notification of
Hazardous
Waste,
Hazardous
Secondary
Material, and
O.C.G.A. 391-3-
11-04
Hazardous
Waste
Management
and Disposal
Requires all generators and transporters of
hazardous waste and all owners and
operators of hazardous waste treatment,
storage, and disposal facilities to notify the
Division of their activities.
9/17/1980
Last amended
9/28/2017.
191
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Used Oil
Activities
9
Identification and
Listing of
Hazardous Waste
O.C.G.A. 391-3-
11-07
Hazardous
Waste
Management
and Disposal
Adopts by reference the federal
requirements for Identification and Listing
of Hazardous Waste (40 CFR Part 261) and
Hazardous Waste Management System rule
making petitions (40 CFR 260 Subpart C).
9/17/1980
Last amended
9/28/2017.
10
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage and
Disposal
Facilities
O.C.G.A. 391-3-
11-. 10
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); Interim Status
and Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and
Disposal Facilities (40 CFR Part 265); and
Standards for the Management of Specific
Hazardous Wastes and Specific Types of
Hazardous Waste Management Facilities
(40 CFR Part 266).
9/17/1980
Last amended
9/28/2017.
11
Hazardous Waste
Facility Permits
O.C.G.A. 391-3-
11-11
Hazardous
Waste
Management
and Disposal
Establishes a permitting program for
hazardous waste facilities. Prohibits the
construction, installation, operation, or
substantial alteration of a hazardous waste
facility without a permit.
9/17/1980
Last amended
9/28/2017.
12
Land Disposal
Restrictions
O.C.G.A. 391-3-
11-. 16
Hazardous
Waste
Management
and Disposal
Adopts by reference the federal Land
Disposal Restrictions (40 CFR Part 268).
10/27/1987
Last amended
9/28/2017.
192
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13
Recycled Used
Oil Management
Standards
O.C.G.A. 391-3-
11-. 17
Hazardous
Waste
Management
and Disposal
Adopts by reference the federal Standards
for the Management of Used Oil (40 CFR
Part 279).
2/16/1994
Last amended
9/28/2017.
14
Standards for
Universal Waste
Management
O.C.G.A. 391-3-
11-18
Hazardous
Waste
Management
and Disposal
Adopts by reference the federal Standards
for Universal Waste Management (40 CFR
Part 273).
12/28/1995
Last amended
9/28/2017.
15
Water Quality
Control
O.C.G.A. 391-3-
1-.06
Water
Pollution
Repealed 11/20/1975. Regulatory text no
longer available online.
9/26/1973
Last amended
11/20/1975.
16
Underground
Storage Tank
Management
O.C.G.A. 391-3-
15
Water
Pollution
Creates a comprehensive Statewide
program for the management of regulated
substances kept in underground storage
tanks (USTs). This program includes
standards for UST system design,
construction, installation, and notification;
general operation; release detection,
reporting, investigation, and confirmation;
and UST closure. It also includes rules
governing the funding of and eligibility for
the Georgia Underground Storage Tank
Trust Fund. The regulation further
establishes specific release responses,
corrective action, and financial
responsibility requirements for petroleum-
containing USTs.
11/24/1988
Last amended
11/6/2017.
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17
Preparation and
Submission of
Engineering
Reports, Plans
Specifications,
and
Environmental
Information
Documents
O.C.G.A. 391-3-
6-.02
Water
Pollution
This regulation requires any person who
desires to construct or modify any system
for the disposal or treatment of pollutants to
obtain approval from the Georgia
Department of Natural Resources.
Establishes procedures for submittal of
engineering reports, plans and
specifications, and related materials for
such a system.
6/30/1974
Last amended
7/10/1996.
18
Water Use
Classifications
and Water
Quality Standards
O.C.G.A. 391-3-
6-.03
Water
Pollution
Outlines water quality standards applicable
to for all waters, specific standards for
different classified water usages, and other
general water quality criteria.
6/30/1974
Last amended
7/23/2018.
19
Waste Treatment
and Permit
Requirements
O.C.G.A. 391-3-
6-.06
Water
Pollution
This regulation establishes the degree of
waste treatment required for the discharge
of any pollutant into the waters of the State.
Further necessitates a permit for such a
discharge and outlines the procedures and
practices for the administration of the
permits.
7/14/1980
Last amended
11/2/2017.
20
Pretreatment and
Permit
Requirements
O.C.G.A. 391-3-
6-.08
Water
Pollution
This regulation establishes the degree of
wastewater pretreatment required for the
discharge of any pollutant into a publicly
owned treatment works and then into the
waters of the State. Further necessitates a
permit for such discharges and outlines the
procedures and practices for the
administration of the permits.
9/13/1979
Last amended
11/2/2017.
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21
Land Disposal
and Permit
Requirements
O.C.G.A. 391-3-
6-. 11
Water
Pollution
This regulation establishes the degree of
pollutant treatment required for the
discharge of pollutants into land disposal or
land treatment systems and then into the
waters of the State. Further necessitates a
permit for such discharges and outlines the
procedures and practices for the
administration of the permits.
7/14/1980
Last amended
7/30/1996.
22
Underground
Injection Control
O.C.G.A. 391-3-
6-. 13
Water
Pollution
Establishes classes of injection wells,
prohibitions, criteria and standards
applicable to injection wells, including
permits for constructing and operating
injection wells.
N/A
Original effective date
not published online.
23
Sewage Sludge
(Biosolids)
Requirements
O.C.G.A. 391-3-
6-. 17
Water
Pollution
This regulation sets forth requirements for
land application of sewage sludge. It
includes general requirements, pollutant
limits, pathogen and vector attraction
reduction requirements, operational
standards, management practices,
monitoring, record keeping reporting, and
permitting requirements.
5/29/1994
Last amended
11/2/2017.
24
General Permit -
Land Application
System
Requirements
O.C.G.A. 391-3-
6-. 19
Water
Pollution
This regulation establishes the degree of
waste treatment required and the uniform
procedures and practices to be followed
relating to the application for issuance,
modification, revocation and reissuance,
and termination of general Land
Application System (LAS) permits for the
discharge of any pollutant to a LAS and
then into the waters of the State.
10/26/1995
Last amended
7/30/1996.
195
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Georgia Environmental Regulations Applicable to the Chemical Manufacturing Facilities (NAICS 325)
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
25
Regulation of
Commercial
Waste
Originators,
Pumpers,
Transporters,
Processors, and
Disposal
Facilities
O.C.G.A. 391-3-
6.24
Water
Pollution
Provides minimum statewide regulations
for transporters that collect and/or dispose
of commercial waste to prevent the
improper disposal of commercial waste,
create a transporter permitting system, and
create a fee system for permitting and
inspecting of transporter vehicles.
6/1/2005
Last amended 6/1/2005.
196
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Table D. Illinois: State Environmental Regulations Relevant to Chemical Manufacturing Facilities
Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
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
197
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
5
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.
198
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Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
6
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 in order to issue operating permits.
Required information includes coal supply
contracts or letters of intent, coal quality
specifications, and results of daily coal
samples.
12/29/1977
Last amended
10/1/1984.
199
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
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
Toxic Air
Contaminants
35 111. Adm.
Code 232
Air Pollution
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.
10
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.
200
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Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
11
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.
201
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Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
12
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.
202
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Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
13
Illinois
Hazardous
Substance
Pollution
Contingency Plan
35 111. Adm.
Code 750
Emergency
Planning and
Response
The Illinois Hazardous Substances
Pollution Contingency Plan is designed to
effectuate the response powers and
responsibilities of Illinois authorities in
order to take preventative or corrective
action that is necessary or appropriate
when there is a release or a substantial
threat of release of a hazardous substance.
Effectively ensures that state and local
response will be present at non-CERCLA
sites.
7/16/1984
Last amended
6/24/1985.
14
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.
15
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.
16
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.
203
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Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
17
Identification and
Listing of
Hazardous Waste
35 111. Adm
Code 721
Hazardous
Waste
Management
and Disposal
This Part identifies those solid wastes that
are subject to regulation as hazardous
wastes under 35 111. Adm. Code 702, 703,
and 722 through 728, and which are
subject to the notification requirements of
Section 3010 of the Resource
Conservation and Recovery Act (RCRA)
(42 USC 6901 et seq.). I
5/17/1982
Last amended 8/9/2016.
18
Standards
Applicable to
Generators of
Hazardous Waste
35 111. Adm
Code 722
Hazardous
Waste
Management
and Disposal
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.
19
Standards
Applicable to
Transporters of
Hazardous Waste
35 111. Adm
Code 723
Hazardous
Waste
Management
and Disposal
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.
204
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
20
Standards for
Owners and
Operators of
Hazardous Waste
Treatment,
Storage, and
Disposal
Facilities
35 111. Adm
Code 724
Hazardous
Waste
Management
and Disposal
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.
21
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.
205
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Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
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Citation
Focus
Overview
Effective
Date
Notes
22
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.
23
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.
24
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.
206
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Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
Effective
Row
Regulation
Citation
Focus
Overview
Date
Notes
Permit fees for
National
Pollutant
The purpose of this Part is to establish
Discharge
Elimination
System and
Domestic
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
Sewage Sludge
Generator of
of the Environmental Protection Act (Act),
and for activities that require a domestic
25
Sludge User
Permits
35 111. Adm
Code 325
Water
Pollution
sewage sludge generator or sludge user
permit from persons holding those permits.
6/29/2010
Last amended 6/1/2013.
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
Water Quality
35 111. Adm.
Water
distribution as a potable supply or for food
processing (35 111. Adm. Code 303.202).
Further sections refer to specific water
26
Standards
Code 302
Pollution
systems.
1/1/1978
Last amended 7/1/2015.
This part prescribes the maximum
concentrations of various contaminants
Pollution Control
Board: Effluent
35 111. Adm.
Water
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
Last amended
27
Standards
Code 304
Pollution
rules.
1/1/1978
2/26/2014.
207
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Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
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.
29
Water Pollution
Control Board:
Sewer Discharge
Criteria
35 111. Adm.
Code 307
Water
Pollution
Places restrictions on the types,
concentrations, and quantities of
contaminants that can be discharged into
sewer systems. Includes specific provisions
for mercury and cyanide. Restrictions and
standards vary by facility type. Specific
standards for chemical manufacturers
(Subparts 0 and P), petroleum refiners and
manufacturers (Subpart T), and steam
electric power generating facilities
(Subpart X).
3/31/1971
Last amended
5/29/2018.
208
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Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
30
National
Pollutant
Discharge
Elimination
System (NPDES)
Permits
35 111. Adm.
Code 309
Water
Pollution
Permits may be required under either of
two subparts ~ NPDES Permits, Subpart
A, which regulate discharges into
navigable waters as defined in the CWA,
or Other Permits, Subpart B, which
regulate certain structures
and discharges therefrom that are not
required to have an NPDES Permit. An
applicant for a National Pollution
Discharge Elimination System (NPDES)
Permit shall file an application, in
accordance with Section 309.223, on forms
provided by the Illinois
Environmental Protection Agency
(Agency). Such forms shall comprise the
NPDES application forms promulgated by
the U.S.
Environmental Protection Agency for the
type of discharge for which an NPDES
Permit is being sought and such additional
information as the Agency may reasonably
require in order to determine that the
discharge or proposed discharge will be in
compliance with applicable state and
federal requirements.
3/7/1972
Last amended
6/13/2016.
31
Water Pollution
Control Board:
Permits
35 111. Adm.
Code 309,
Subpart B
Water
Pollution
Establishes discharge permit requirements,
eligibility, and exemptions for owners or
operators that are not required to acquire
an NPDES permit.
3/7/1972
Last amended
6/13/2016.
209
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Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
32
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.
210
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Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
33
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.
211
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Table E. New Jersey: State Environmental Regulations Relevant to Chemical Manufacturing Facilities
New Jersey Environmental Regulations Applicable to the Chemical Manufacturing Facilities (NAICS 325)
Row
Regulation
Citation
Focus
Overview
Effective
Date
Notes
1
Prevention and
Control of Air
Pollution
Emergencies
N.J.A.C. 7:27-12
Air Pollution
Identifies conditions under which air
pollution alert, air pollution warning, or air
pollution emergency may be declared by
the Governor. These conditions determined
by the accumulation of air contaminants in
any place, locality, or other area at such
levels that it may lead to a threat to the
health of the public. Requires that sources
prepare standby plans to reduce the
emission of air contaminants into the
outdoor atmosphere when air pollution
alert, warning, or emergency conditions are
deemed to exist.
3/27/1972
Last amended
3/27/1972.
2
Operating
Permits
N.J.A.C. 7:27-22
Air Pollution
Requires owners and operators of facilities
that emit hazardous air pollutants and/or
contaminants above certain threshold
amounts depending on the air
pollutant/contaminant that is emitted to
obtain valid operating permits for a relevant
facility.
10/8/1995
Last amended
12/9/2017.
3
Permits and
Certificates for
Minor Facilities
(and Major
Facilities without
an Operating
Permit)
N.J.A.C. 7:27-8
Air Pollution
Creates preconstruction and operating
permitting program for facilities and/or
pieces of equipment that are defined as
"significant sources" of air contamination.
9/1/1969
Last amended
3/29/1976.
212
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New Jersey Environmental Regulations Applicable to the Chemical Manufacturing Facilities (NAICS 325)
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
4
Ambient Air
Quality Standards
N.J.A.C.7:27-13
Air Pollution
Whereas air is vital to life and
contamination of it to any degree is a
condition to be endured reluctantly; and
whereas our knowledge of the long-term
harmful effects of low levels of
contamination is incomplete and uncertain;
therefore, it is the air quality objective of
the Department to assure, at all times and
throughout the territory of the State,
ambient air of the highest purity achievable
by the installation and diligent
operation and maintenance of pollution
source control devices and methods
consistent with the lawful application of the
most advanced state of the art.
12/22/1969
Last amended
6/25/1985.
5
Worker and
Community
Right to Know
Act Rules
N.J.A.C. 8:59
Emergency
Planning and
Response
Provides a procedure and comprehensive
program for state residents to gain access to
information about hazardous substances in
the workplace and community. Facilitates
monitoring and detection systems for
adverse health effects attributable to
hazardous substances. Enables individuals
to detect and minimize the effects of
exposure to hazardous substances. Provides
individuals and local authorities with
information about hazardous substances
and the attendant risks.
6/18/1984
Last amended
2/20/2018.
6
Transportation of
Hazardous
Materials
N.J.A.C. 16:49
Hazardous
Substances
Management
Regulates the shipping, packaging,
marking, labeling, placarding, handling,
and transportation of hazardous materials.
Establishes minimum standards that must
be complied with in conjunction with the
transportation of hazardous materials.
3/18/1985
Last amended
8/14/2017.
213
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New Jersey Environmental Regulations Applicable to the Chemical Manufacturing Facilities (NAICS 325)
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Citation
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Overview
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Date
Notes
7
Underground
Storage Tanks
N.J.A.C. 7:14B
Hazardous
Substances
Management
This chapter is promulgated for the
following purposes:
1. To establish the Department's
underground storage tank program;
2. To implement the registration
requirements of the State Act;
3. To establish initial registration and
annual renewal certification fees;
4. To implement the technical requirements
of the State Act;
5. To implement the reporting
requirements of the State Act;
6. To implement the corrective action
requirements of the State Act;
7. To implement the permitting
requirements for the State Act;
8. To implement the underground storage
tank services certification requirements of
the State Act;
9. To establish financial responsibility
assurance requirements for remediation of
discharged hazardous substances and
compensating third parties for bodily injury
and property damage caused by a discharge
from an underground storage tank system;
10. To protect human health and the
environment of the State by ensuring sound
underground storage tank management and
compliance with release detection
monitoring, thereby preventing, controlling,
remediating, and/or abating actual or
potential ground water contamination;
11. To establish a certification program for
individuals and business firms who provide
certain services on regulated underground
storage tank systems and unregulated
heating oil tank systems pursuant to
12/21/1987
Last amended
1/16/2018.
214
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N.J.S.A. 58:10A-24 and this chapter; and
12. To establish classes of operators and
training requirements for all Class A, B,
and C operators of underground storage
tank systems.
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8
Discharges of
Petroleum and
other Hazardous
Substance
N.J.A.C. 7:1E
Hazardous
Substances
Management
This chapter covers the discharge of
hazardous substances as defined in this
chapter. These rules set forth guidelines and
procedures to be followed by all persons in
the event of a discharge of a hazardous
substance. They also set forth certain
registration, reporting, design, operational,
and maintenance requirements for owners
and operators of major facilities and
transmission pipelines which handle
hazardous substances.
3/31/1977
Last amended
1/27/2014.
9
Hazardous Waste
N.J.A.C. 7:26G
Hazardous
Waste
Management
and Disposal
Unless otherwise provided by rule or
statute, this chapter shall constitute the rules
of the Department of Environmental
Protection which govern the registration,
operation, closure and post-closure
maintenance of hazardous waste facilities in
the State of New Jersey as may be approved
by the Department; registration, operation,
and maintenance of hazardous waste
transporting operations and facilities in the
State of New Jersey; and a fee schedule for
services provided by the Department to
hazardous waste facilities, generators and
transporters.
10/21/1996
Last amended 9/5/2014.
10
Identification and
Listing of
Hazardous Waste
N.J.A.C. 7:26G-
5
Hazardous
Waste
Management
and Disposal
This subchapter incorporates by reference
up to November 5, 2007 and prospectively
incorporates by reference 40 C.F.R. Part
261, Federal Regulations on Identification
and Listing of Hazardous Waste, and its
appendices, as amended and supplemented
12/16/1996
Last amended
11/5/2007.
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Standards
Applicable to
Generators of
Hazardous Waste
N.J.A.C. 7:26G-
6
Hazardous
Waste
Management
and Disposal
This subchapter incorporates by reference
up to November 5, 2007 and prospectively
incorporates by reference 40 C.F.R. Part
262, Federal regulations on the standards
applicable to generators of hazardous
waste, as amended and supplemented
12/16/1996
Last amended
11/5/2007.
12
Standards
Applicable to
Transporters of
Hazardous Waste
N.J.A.C. 7:26G-
7
Hazardous
Waste
Management
and Disposal
This subchapter incorporates by reference
up to November 5, 2007 and prospectively
incorporates by reference 40 C.F.R. Part
263 Federal regulations on the standards
applicable to transporters of hazardous
waste, as amended and supplement
1/19/1999
Last amended
11/5/2007.
13
Standards for
Owners and
Operators of
Hazardous waste
Treatment,
Storage and
Disposal Facility
N.J.A.C. 7:26G-
8
Hazardous
Waste
Management
and Disposal
This subchapter incorporates by reference
up to November 5, 2007 and prospectively
incorporates by reference 40 C.F.R. Part
264, Federal regulations on the standards
applicable to owners and operators of
hazardous waste treatment, storage and
disposal facilities, and its appendices, as
amended and supplemented
12/16/1996
Last amended
11/5/2007.
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Solid Waste
N.J.A.C. 7:26
Hazardous
Waste
Management
and Disposal
Pursuant to the Solid Waste Management
Act, the Department is charged with
developing procedures to assure the orderly
preparation of a solid waste management
plan for every solid waste management
district and the approval, modification, or
rejection of such a solid waste management
plan, and the certification of the
determinations to the board of chosen
freeholders or the New Jersey
Meadowlands Commission, as the case may
be, which submitted such plan. This
subchapter sets forth the rules to conduct
these tasks.
10/18/1993
Last amended
5/18/2015.
15
Hazardous Waste
Permit Program
N.J.A.C. 7:26G-
12
Hazardous
Waste
Management
and Disposal
This subchapter incorporates by reference
up to November 5, 2007 and prospectively
incorporates by reference 40 C.F.R. Part
270, Federal regulations on USEPA
administered permit programs: the
hazardous waste permit program, as
amended and supplemented
12/16/1996
Last amended
11/5/2007.
16
NJPDES:
Additional
Requirements for
Underground
Injection Control
Program
N.J.AC. 7:14A-
8
Water
Pollution
Establishes a system of controls to ensure
that underground injection practices do not
endanger underground sources of drinking
water. Regulates the disposal of waste by
well injection as well as the underground
storage of fluids (including gases) which
have been emplaced by means of an
injection well and the injection of water.
Creates a permitting program for
underground injection and disposal
activities and lays out corrective or
preventative action plans.
2/2/2004
Last amended 2/2/2004.
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New Jersey
Pollutant
Discharge
Elimination
System
N.J.A.C. 7:14A
Water
Pollution
This chapter establishes the regulatory
framework within which the New Jersey
Department of Environmental Protection
regulates the discharge of pollutants to the
surface and ground waters of the state.
Creates the New Jersey Pollution Discharge
Elimination System (NJPDES) permitting
program, which predates the National
Pollution Discharge Elimination System by
approximately two years. The permitting
program requires facilities to obtain
discharge permits, and prohibits facilities to
exceed the discharge pollutant
concentration established in their permit.
Further establishes groundwater monitoring
requirements for sanitary landfills and
hazardous waste facilities and effluent
standards for direct and indirect discharges.
3/6/1981
Last amended
11/2/2015.
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Water Quality
Management
Planning
N.J.A.C. 7:15
Water
Pollution
The policy goals of the New Jersey water
quality management (WQM) planning
program are to:
1. Establish and support policies,
procedures, and standards which, wherever
attainable, help to restore, enhance, and
maintain the chemical, physical, and
biological integrity of the waters of the
State, including ground waters, and the
public trust therein, to protect public health,
to safeguard fish and aquatic life and scenic
and ecological values, and to enhance the
domestic, municipal, recreational,
industrial, and other uses of water;
2. Conserve the natural resources of the
State, promote environmental protection,
and prevent the pollution of the
environment of the State;
3. Encourage, direct, supervise, and aid
areawide WQM planning;
4. Ensure that projects and activities
affecting water quality are developed and
conducted in a manner that is consistent
with this chapter and adopted WQM plans;
5. Coordinate and integrate WQM plans
with related Federal, State, regional, and
local comprehensive land use, functional
and other relevant planning activities,
programs, and policies;
6. Provide opportunities for meaningful
public participation; and
7. Achieve an effective and efficient
planning process, which includes timely
review of areawide WQM plan revisions
and amendments; fosters the use of
electronic communication media; and
9/25/1974
Last amended
11/7/2016.
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reduces duplication in the planning and
permitting processes.
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Surface Water
Quality Standards
N.J.A.C. 7:9B
Water
Pollution
Unless otherwise provided by rule or
statute, this subchapter shall constitute the
rules of the Department of Environmental
Protection governing matters of policy with
respect to the protection and enhancement
of surface water resources, class definitions
and quality criteria, use designation and
quality criteria for the mainstem of the
Delaware River including the Delaware
Bay, the classification of surface waters of
the State, procedures for establishing water
quality-based effluent limitations,
modification of water quality-based effluent
limitations, procedures for reclassifying
specific segments for less restrictive uses
and procedures for reclassifying specific
segments for more restrictive uses pursuant
to N.J.S.A. 13:1D-1 et seq., the New Jersey
Water Pollution Control Act, N.J.S.A.
58:10A-1 et seq., and the Water Quality
Planning Act, N.J.S.A. 58:11A-1 etseq.
12/6/1993
Last amended
10/17/2016.
20
Ground Water
Quality Standards
N.J.A.C. 7:9C
Water
Pollution
Provides a table for Specific Ground Water
Quality Criteria-Class II-A and Practical
Quantitation Levels
10/4/2005
Last amended 3/4/2014.
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Well
Construction and
Maintenance;
Sealing of
Abandoned Wells
N.J.A.C. 7:9D
Water
Pollution
The purpose of this chapter is to establish
standards and requirements for all aspects
of well construction and decommissioning,
such that groundwater is protected, and
provide a set of licensing standards to
ensure that all who engage in well drilling
and pump installing activities have the
education, training, and experience
necessary to conduct well drilling and
pump installation activities in a manner that
does not compromise the quality of the
State's water resources or adversely impacts
public health.
9/4/2001
Last amended
1/31/2014.
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Table F. New York: State Environmental Regulations Relevant to Chemical Manufacturing Facilities
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1
Prevention and
Control of Air
Contamination
and Air Pollution
for Source
Categories
6 CRR-NY III A
Air Pollution
Sets forth specific emissions limitations by
air contaminant facility source type and
general requirements applicable to all
sources of air contaminants. General
requirements relate to permits and
registration, best available control
technology, and emissions verification.
Specifically regulated source categories
include, but are not limited to architectural
and industrial maintenance coatings;
primary aluminum reduction plants;
Portland cement plants and glass plants;
petroleum refineries; sulfuric and nitric acid
plants; solvent metal cleaning processes;
stationary combustion installations;
petroleum and volatile organic liquid
storage and transfer; and synthetic organic
chemical manufacturing facilities.
N/A
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Prevention and
Control of Air
Contamination
and Air
Pollution:
General
Provisions
6 CRR-NY III A
200
Air Pollution
Sets forth general requirements for
prevention and control of air contamination,
including establishing general acceptable
ambient air quality and maintenance of
equipment provisions. Incorporates by
reference substantial sections of the
following federal regulations in order to
facility their use in permits for air
contaminant facilities: New Source
Performance Standards (40 CFR Part 60),
National Emission Standards for Hazardous
Air Pollutants (40 CFR Part 61), and
National emission Standards for Hazardous
Air Pollutants for Source Categories (40
CFR Part 63).
N/A
3
Prevention and
Control of Air
Contamination
and Air
Pollution:
Sulfuric and
Nitric Acid
Plants
6 CRR-NY III A
Part 223
Air Pollution
Sets forth separate nitric acid and sulfuric
acid emission limitations for existing and
new sources. Further establishes
requirements for continuous stack
monitoring requirements and smoke and
compliance rules.
N/A
4
New Source
Review for New
and Modified
Facilities
6 CRR-NY III A
Part 231
Air Pollution
Establishes new source review (NSR)
preconstruction, construction and operation
requirements for new and modified
facilities. Sets forth permit requirements,
requirements to commence construction,
general prohibitions, and source
obligations. Includes standards for facilities
located in nonattainment and attainment
areas.
N/A
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Control Measures
for an Air
Pollution Episode
6 NYCCR III A
Part 207
Air Pollution
Requires any person who owns a significant
air contamination source to submit a
proposed episode action plan to the
commissioner of Environmental
Conservation within 90 days of the
commissioner's request.
N/A
6
Prevention and
Control of Air
Contamination
and Air
Pollution:
General
Prohibitions
6 NYCCR III A
Part 211
Air Pollution
Prohibits all emissions of air contaminants
to the outdoor atmosphere of such quantity,
characteristic or duration which are
injurious to human, plant or animal life or
to property, or which unreasonably interfere
with the comfortable enjoyment of life or
property. This prohibition applies, but is not
limited to, any particulate, fume, gas, mist,
odor, smoke, vapor, pollen, toxic or
deleterious emission, either alone or in
combination with others. This regulation
includes specific visible emission
limitations as well as several additional
repealed provisions.
N/A
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Prevention and
Control of Air
Contamination
and Air
Pollution:
Process
Operations
6 NYCCR III A
Part 212
Air Pollution
Requires the Department of Environmental
Conservation to assign an environmental
rating to each air contaminant emitted from
each process operations emission sources.
For those sources not subject to 40 CFR
Part 60 or Part 61, this part establishes
emission standards based on this rating.
This part also incorporates the requirements
of the federal Standards of Performance for
New Stationary Sources (40 CFR Part 60)
and the National Emission Standards for
Hazardous Air Pollutants (40 CFR Part 61)
as they apply to emissions from process
operations. Process operations are any
industrial, institutional, commercial,
agricultural or other activity, operation,
manufacture or treatment in which
chemical, biological and/or physical
properties of the material or materials are
changed. Outlines allowable emissions and
reasonably available control technology for
major facilities.
N/A
8
Prevention and
Control of Air
Contamination
and Air
Pollution:
Permits and
Registrations
6 NYCRR III A
Part 201
Air Pollution
Requires owners and operators of air
contamination sources to obtain a permit or
registration from the department for the
construction and operation of such sources.
Establishes the requirements and
administrative procedures to permit such
sources. Sets forth rules for minor facility
registration, state facility permits, title V
facility permits, general permits, and
federally enforceable emission caps.
N/A
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Air Quality
Standards
6 NYCRR III B
257
Air Pollution
Establishes air quality standards for sulfur
dioxide, particulates, carbon monoxide,
photochemical oxidants, non-methane
hydrocarbons, nitrogen dioxide, fluorides,
beryllium, and hydrogen sulfide. Standards
for non-methane hydrocarbons, fluorides,
beryllium, and hydrogen sulfide are
ambient air quality standards.
N/A
10
Executive Order
No. 24:
Establishing a
Goal to Reduce
Greenhouse Gas
Emissions by
Year 2050 and
Preparing a
Climate Action
Plan
9 NYCRR 7.24
Air Pollution
Executive order calls for 80 percent
reduction in greenhouse gas emissions from
1990 emission levels by 2050. Also creates
a Climate Action Council, which was
directed to prepare a Climate Action Plan.
Climate Action Plan to: a) inventory
greenhouse gas emissions; b) identify and
assess short-term and long-term actions to
reduce greenhouse gas emissions and adapt
to climate change across economic sectors;
c) identify and analyze anticipated
reductions and the economic implications
thereof; d) identify anticipated life-cycle
implications, complications, consequences,
benefits, and costs of actions; e) identify
whether actions support New York's goals
for clean energy; f) coordinate activities
with State Energy Planning Board; g)
identify existing legal, regulatory, and
policy constraints to reduction of
greenhouse gas emissions, assessing
impacts of climate change, and adapting to
climate change; h) establish timelines for
considering and implementing actions; i)
undertake actions to carry out responsibility
under executive order.
8/6/2009
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Public
Employees'
Occupational
Safety and Health
Standards
12 CCR XI A
800
Emergency
Planning and
Response
Adopts 29 CFRPart 1910, Occupational
Safety and Health Standards.
N/A
12
Toxic
Substances-
Information,
Training and
Education
12 CCR XI A
820
Emergency
Planning and
Response
Requires employee access to information,
training and education regarding toxic
substances in the workplace.
N/A
13
Environmental
Remediation
Programs
6 NYCRRIV B
375
Emergency
Planning and
Response
Creates consistent administration system of
remedial programs for inactive hazardous
waste disposal sites, brownfield sites,
environmental restoration sites, and soil
cleanup objectives for remedial programs.
12/14/2006
14
Hazardous
Substance Bulk
Storage Facility
Registration
6 CCR VE 596
Hazardous
Substances
Management
Requires facilities that are not regulated by
other hazardous waste rules and that store
hazardous materials in an underground tank
system or in bulk quantities in an
aboveground tank or container to register
with the Department of Environmental
Conservation. Establishes an additional rule
to governing containers used for the sale of
hazardous substances.
N/A
15
Hazardous
Substances
Identification,
Release
Prohibition, and
Release
Reporting
6 CCR VE 597
Hazardous
Substances
Management
Establishes criteria for identifying a
hazardous substance, a list of such
substances, and reportable quantities for the
spill or release of hazardous substances.
Requires reporting of hazardous substance
releases and prohibits the unauthorized
release of a hazardous substance.
N/A
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Handling and
Storage of
Hazardous
Substances
6CCRVE598
Hazardous
Substances
Management
This part sets forth regulations for the
handling and storage of hazardous
substances. It is applicable to facilities that
are not regulated by other hazardous waste
rules and that store hazardous materials in
an underground tank system or in bulk
quantities in an aboveground tank or
container. Requirements relate to
underground and aboveground tank
systems; recordkeeping; maintenance and
repair of facilities; closure; financial
responsibility; operator training; and release
reporting, investigation, confirmation, and
corrective action.
N/A
17
Standards for
New Hazardous
Substance Tank
Systems
6CCRVE599
Hazardous
Substances
Management
This part sets forth standards for all new
tank systems. It is applicable to facilities
that are not regulated by other hazardous
waste rules and that store hazardous
materials in an underground tank system or
in bulk quantities in an aboveground tank or
container. The regulation sets forth
separate standards for underground and
aboveground tank systems and piping
including installation, monitoring, and
general requirements.
N/A
18
Waste
Transporters
6 CRR-NYIV B
364
Hazardous
Waste
Management
and Disposal
Sets forth standards for the transport of
waste, including hazardous waste. Includes
requirements for registration, permits, and
recordkeeping and reporting.
N/A
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Identification and
Listing of
Hazardous
Wastes
6 CRR-NYIV B
371
Hazardous
Waste
Management
and Disposal
This Part establishes the procedures for
identifying those solid wastes which are
subject to regulation as hazardous wastes
under Parts 370 through 373, and 376 . It
provides criteria for identifying the
characteristics of hazardous waste, a
description of these characteristics, and a
list of regulated hazardous waste.
N/A
20
Hazardous Waste
Manifest System
and Related
Standards for
Generators,
Transporters and
Facilities
6 CRR-NY IV B
372
Hazardous
Waste
Management
and Disposal
This part establishes standards for
generators and transporters of hazardous
waste and standards for generators,
transporters, and treatment, storage or
disposal facilities relating to the use of the
manifest system and its recordkeeping
requirements. It requires the manifest
document to accompany all shipments of
hazardous waste while in transit, unless
specifically exempted under this part.
N/A
21
Hazardous Waste
Management
Facilities
6 CRR-NY IV B
373
Hazardous
Waste
Management
and Disposal
This part regulates the treatment, storage
and disposal of hazardous waste. It sets
forth permit requirements and construction
and operation standards applicable to
owners and operators of hazardous waste
treatment, storage and disposal facilities. It
establishes separate operation standard for
hazardous waste facilities that have not
completed the permitting process ("interim
status" facilities) and those that have ("final
status" facilities).
N/A
22
Management of
Specific
Hazardous Waste
6 CRR-NY IV B
374
Hazardous
Waste
Management
and Disposal
This chapter includes standards for the
management of used oil, universal waste,
and other specific types of hazards wastes
and hazardous waste management facilities.
N/A
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Land Disposal
Restrictions
6 CRR-NYIV B
376
Hazardous
Waste
Management
and Disposal
Prohibits the land disposal of hazardous
waste and establishes treatment standards
required prior to land disposal of allowed
wastes.
N/A
24
Siting of
Industrial
Hazardous Waste
Facilities
6 CRR-NY IV B
377
Hazardous
Waste
Management
and Disposal
This part regulates the siting of new
industrial hazardous waste facilities. It
establishes procedures for the constituting
of a facilities siting board, and defines the
respective roles of the department and the
board. This Part also prescribes the form of
an application for a certificate and contains
the criteria by which the board will thereon
make its determination.
N/A
25
Surface Water
and Groundwater
Quality Standards
and Groundwater
Effluent
Limitations
6 CRR-NY X A
703
Water
Pollution
Establishes standards and effluent
limitations for surface and groundwater
quality
N/A
26
State Pollutant
Discharge
Elimination
System
6 CRR-NY X A
750
Water
Pollution
Implements a federally approved State
Pollutant Discharge Elimination System
(SPDES) permitting system to control point
source discharges to both groundwaters and
surface waters. It outlines procedures both
for applying for a SPDES Permit and
operating in accordance with the permit.
N/A
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Ohio Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
Row
Regulation
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Focus
Overview
Effective
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Notes
1
Acid Rain
Operating
Permits for
Electrical
Generating Units
OAC 3745-103
Air Pollution
Sets applicability, requirements, application
options, permit amendments,
monitoring/recordkeeping/reporting
requirements, and procedures for permits
related to EGUs and Acid Rain.
9/10/1997
Last amended
10/20/2017.
2
Accidental
Release
Prevention
Program
OAC 3745-104
Air Pollution
Adopts 29 CFR 1910.119, 40 CFR 68, and
40CFR71.
8/13/1999
Last amended
4/10/2015.
3
Nitrogen Oxides
- Reasonably
Available
Control
Technology
OAC 3745-14
Air Pollution
Adopts 40 CFRs 72 & 75. Sets
requirements for permits, compliance
certification, monitoring and reporting, and
stationary internal combustion engines.
12/22/2007
Last amended
7/18/2013.
4
General
Provisions on Air
Pollution
Control:
Malfunction of
Equipment;
Scheduled
Maintenance;
Reporting
OAC 3745-15-
06
Air Pollution
Establishes standards for scheduled
maintenance of air pollution control
equipment and requires reporting of any air
pollution control equipment malfunction.
2/15/1972
Last amended
7/20/2015.
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Particulate
Matter Standards
OAC 3745-17
Air Pollution
Establishes standards for measurement
methods and procedures, compliance time
schedules, control of visible particulate
emissions from stationary sources,
restriction of emission of fugitive dust,
restrictions on particulate emissions and
odors from incinerators, restrictions on
particulate emissions from fuel burning
equipment, and restrictions on particulate
emissions from industrial process.
8/7/1972
Last amended
1/20/2018.
6
Sulfur Dioxide
Regulations
OAC 3745-18
Air Pollution
Adopts many sections of 40 CFR 60 & 40
CFR 63, 40 CFR 52.1881, and 40 CFR 50
Appendix A.
12/28/1979
Last amended
2/16/2017.
7
Carbon
Monoxide,
Ozone,
Hydrocarbon Air
Quality
Standards, and
Related Emission
Requirements
OAC 3745-21
Air Pollution
Adopts many sections of 40 CFRs 60, 63,
and 50.
2/15/1972
Last amended
10/15/2015.
8
Nitrogen Oxide
Standards
OAC 3745-23
Air Pollution
Establishes standards for methods of
measurement of nitrogen oxides.
References 40 CFR 50.11, Appendix F and
40 CFR 53.
2/15/1972
Last amended 9/8/2014.
9
Nitrogen Oxide
Emission
Statements
OAC 3745-24
Air Pollution
Establishes requirements for emission
statements of nitrogen oxides.
4/1/1994
Last amended
12/17/2016.
234
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Ohio Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
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Date
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10
Emergency
Episode
Standards
OAC 3745-25
Air Pollution
Establishes thresholds for attainment of
primary and secondary ambient air quality
standards for: particulate matter, sulfur
dioxide, carbon monoxide, ozone, nitrogen
dioxide, lead. It also outlines conditions for
air alerts, warnings and emergencies;
establishes air pollution emergency
emission control action programs and
emergency orders. Seems to adopt some or
all parts of 40 CFR 50.
4/18/2009
Last amended
12/1/2014.
11
Toxic Chemical
Release
Reporting
OAC 3745-100
Emergency
Planning and
Response
Adopts several sections of 40 CFR 372.
9/25/2008
Last amended
2/11/2017.
12
Emergency
Planning
OAC 3750-20
Emergency
Planning and
Response
Adopts table 302.4 from 40 CFR 302. Sets
applicability and requirements for
owners/operators of facilities for
emergency planning and prevention.
6/30/1990
Last amended 1/2/2007.
13
Emergency
Release
Notification
OAC 3750-25
Emergency
Planning and
Response
Adopts reportable quantities from 40 CFR
Part 302 Table 302.4. Sets release
notification requirements, designation of
hazardous substances standards, and
designates facilities subject to this
regulation.
6/30/1993
Last amended
2/11/2017.
235
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Citation
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Date
Notes
14
Underground
Storage Tanks
OAC 1301:7-9
Hazardous
Substances
Management
For the purpose of prescribing rules
pursuant to section 3737.02 and section
3737.882 of the Revised Code, the state fire
marshal hereby adopts this chapter in
accordance with Chapter 119. of the
Revised Code to implement the
underground storage tank program and
corrective action program for releases from
underground petroleum storage tanks. This
rule is adopted by the state fire marshal in
accordance with Chapter 119. of the
Revised Code and shall not be considered a
part of the "Ohio Fire Code."
2/1/2014
Last amended N/A.
15
Used Oil
Management
Standards
OAC 3745-279
Hazardous
Substances
Management
This rule identifies those materials which
are subject to regulation as used oil under
Chapter 3745-279 of the Administrative
Code. This rule also identifies some
materials that are not subject to regulation
as used oil under Chapter 3745-279 of the
Administrative Code, and indicates whether
these materials may be subject to regulation
as hazardous waste under Chapters 3745-50
to 3745-69, 3745-205, 3745-256, 3745-
266, and 3745-270 of the Administrative
Code.
10/20/1998
Last amended
3/24/2017.
16
Hazardous Waste
Management
System-General
OAC 3745-50
Hazardous
Substances
Management
Chapter 3745-50 of the Administrative
Code provides definitions , general
standards, permit information, and
overview information applicable to
Chapters 3745-50 to 3745-69, 3745-205,
3745-256, 3745-266, 3745-270, 3745-273,
and 3745-279 of the Administrative Code.
Adopts 40 CFR 260.
4/15/1981
Last amended
3/24/2017.
236
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Ohio Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
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Date
Notes
17
Hazardous
Wastes
Restricted from
Land Disposal
OAC 3745-270
Hazardous
Waste
Management
and Disposal
Chapter 3745-270 of the Administrative
Code identifies hazardous wastes that are
restricted from land disposal and defines
those limited circumstances under which an
otherwise prohibited waste may continue to
be land disposed.
12/30/1989
Last amended
12/21/2017.
18
Identification and
Listing of
Hazardous Waste
OAC 3745-51
Hazardous
Waste
Management
and Disposal
Chapter 3745-51 of the Administrative
Code identifies those wastes which are
subject to regulation as hazardous wastes
under Chapters 3745-52, 3745-53, 3745-54
to 3745-57, 3745-65 to 3745-69, 3745-205,
3745-256, and 3745-270, rules 3745-50-40
to 3745-50-235 of the Administrative
Code, and which are subject to the
requirement to notify Ohio EPA or U.S.
EPA of regulated waste activity. And
establishes special management
requirements for hazardous waste produced
by conditionally exempt small quantity
generators and hazardous waste which is
recycled.
4/15/1981
Last amended
2/12/2018.
19
Generator
Standards
OAC 3745-52
Hazardous
Waste
Management
and Disposal
Adopts 40 CFR 262 Subpart H.
Chapter 3745-52 of the Administrative
Code establishes standards for generators
of hazardous wastes.
7/27/1980
Last amended
2/12/2018.
Adopts 40 CFR Part Subpart H.
20
Transporter
Standards
OAC 3745-53
Hazardous
Waste
Management
and Disposal
Chapter 3745-53 of the Administrative
Code establishes standards which apply to
persons transporting hazardous waste
within the state of Ohio if the transportation
requires a hazardous waste manifest under
Chapter 3745-52 of the Administrative
Code.
7/27/1980
Last amended
2/12/1980.
237
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Ohio Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities (NAICS 221112)
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Date
Notes
21
General Facility
Standards-New
Facilities
OAC 3745-54
Hazardous
Waste
Management
and Disposal
The purpose of Chapters 3745-54 to 3745-
57 and 3745-205 of the Administrative
Code is to establish minimum standards
which define the acceptable management of
hazardous waste.
4/15/1981
Last amended 9/5/2010.
22
Corrective
Action, Closure,
Post-Closure, and
Financial
Requirements
OAC 3745-55
Hazardous
Waste
Management
and Disposal
Sets requirements for closure, post-closure,
and financial requirements to
owners/operators of hazardous waste
disposal facilities.
1/7/1983
Last amended
12/7/2004.
23
Water Quality
Standards
OAC 3745-1
Water
Pollution
The purpose of these water quality
standards, in this chapter, is to establish
minimum water quality requirements for all
surface waters of the state, thereby
protecting public health and welfare; and to
enhance, improve and maintain water
quality as provided under the laws of the
state of Ohio, section 6111.041 of the
Revised Code, the federal Clean Water Act,
and rules adopted thereunder. Essentially
adopts 40 CFRs 131, 132, 136, and 400-
471.
2/14/1978
Last amended 1/2/2018.
24
Pretreatment
Rules
OAC 3745-3
Water
Pollution
The purpose of this chapter is to establish
as part of a state pretreatment program
under Chapter 6111. of the Revised Code,
enforceable state requirements and
standards regulating the introduction of
pollutants into POTWs by industrial users.
11/1/1984
Last amended 6/7/2017.
25
Ohio NPDES
Individual
Permits
OAC 3745-33
Water
Pollution
Adopts 40 CFR 122-125.
12/30/1973
Last amended 6/1/2018.
26
Underground
Injection Control
Program
OAC 3745-34
Water
Pollution
Adopts 40 CFR 144.
12/15/1982
Last amended
11/11/2016.
238
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Regulation
Citation
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Date
Notes
27
Permit Program
Regulating
Discharge of
Nondomestic
Wastewater into
aPOTW
OAC 3745-36
Water
Pollution
The purpose of this chapter is to establish,
as a part of the Ohio pretreatment program
under Chapter 6111. of the Revised Code, a
permit program regulating the discharge of
nondomestic wastewater into a POTW to
assure compliance with pretreatment
standards under Chapter 3745-3 of the
Administrative Code.
4/7/1988
Last amended 6/7/2017.
28
Ohio NPDES
General Permits
OAC 3745-38
Water
Pollution
Adopts 40 CFRs 122, 123.44, and 124.
9/1/1991
Last amended
12/1/2015.
Adopts methods from but no other
references to CFR Part 503. Also adopts
methods from 40 CFR Part 136. The
current regulation is effective until
12/1/2018 after which the changes
(published with the current regulation) will
become effective.
29
Sewage Sludge
OAC 3745-40
Water
Pollution
The purpose of this chapter is to: establish
standards applicable to the treatment,
storage, transfer or disposal of sewage
sludge or biosolids; establish standards
applicable to the beneficial use of
biosolids; reasonably protect public health
and the environment; encourage the
beneficial use of biosolids; and minimize
the creation of nuisance odors.
4/8/2002
Last amended 7/1/2011
(12/1/2018).
239
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Table H. Pennsylvania: State Environmental Regulations Relevant to Chemical Manufacturing Facilities
Pennsylvania Environmental Regulations Applicable to the Chemical Manufacturing Facilities (NAICS 325)
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
240
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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.
241
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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.
242
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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.
243
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Regulation
Citation
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Overview
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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.
244
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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.
245
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Overview
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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.
246
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Overview
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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.
247
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Table I. Texas: State Environmental Regulations Relevant to Chemical Manufacturing Facilities
Texas Environmental Regulations Applicable to the Chemical Manufacturing Facilities (NAICS 325)
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.
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
248
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
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.
249
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Texas Environmental Regulations Applicable to the Chemical Manufacturing Facilities (NAICS 325)
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Regulation
Citation
Focus
Overview
Effective
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
Standards and
Prohibitions
30 Tex. Admin.
Code 314
Hazardous
Substances
Management
Adopts by reference the federal Toxic
Pollutant Effluent Standards and
Prohibitions (40 CFR Part 129, Subpart A).
10/8/1990
Last amended
10/8/1990.
250
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Texas Environmental Regulations Applicable to the Chemical Manufacturing Facilities (NAICS 325)
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Regulation
Citation
Focus
Overview
Effective
Date
Notes
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.
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Industrial Solid
Waste and
Municipal
Hazardous Waste
in General
30 Tex. Admin.
Code 335
Subchapter A
Hazardous
Waste
Management
and Disposal
Standards applicable to solid waste,
including hazardous waste, resulting from
or incidental to any process of industry,
manufacturing, mining, or agricultural
operation, and to municipal hazardous
waste. Sets for rules relating to notification,
recordkeeping, closure and remediation,
classification of solid waste, recycling of
hazardous waste, and financial assurance,
among other categories.
5/28/1986
Last amended 1/8/2015.
13
Hazardous Waste
Management
General
Provisions
30 Tex. Admin.
Code 335
Subchapter B
Hazardous
Waste
Management
and Disposal
Requires a Texas Natural Resource
Conservation Commission permit for
storing, processing, or disposing of
hazardous waste. Sets forth application
procedures and other requirements for
obtaining permits.
9/1/1986
Last amended
11/15/2001.
14
Standards
Applicable to
Generators of
Hazardous Waste
30 Tex. Admin.
Code 335
Subchapter C
Hazardous
Waste
Management
and Disposal
Sets forth standards applicable to generators
of hazardous waste, including importers of
hazardous waste. Establishes requirements
for packaging, labeling, marking, and
placarding of hazardous waste;
recordkeeping, reporting at hazardous waste
generation facilities; and rules relating to
accumulation time and EPA Identification
Numbers. Further includes rules specific to
generators of between 100 and 1,000 kg per
month, interstate shipments, farmers, small
quantity generators, and academic entities.
5/28/1996
Last amended
2/21/2013.
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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.
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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
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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
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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
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APPENDIX IV. INDUSTRY VOLUNTARY PROGRAMS
The following table summarizes the industry voluntary programs relevant to the chemical
manufacturing facilities. EPA does not expect that it presents a comprehensive summary of the
voluntary programs relevant to chemical 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 Chemical Manufacturing Facilities
Industry Voluntary Programs Applicable to Chemical Manufacturing Facilities (NAICS 325)
Row
Program
Overview
1
American Chemistry
Council (ACC)
Responsible Care
Practices
Participation in Responsible Care is a condition of membership for American
Chemistry Council (ACC) members and Responsible Care Partner companies, all
of which have made CEO-level commitments to uphold the program elements.
The Responsible Care Guiding Principles are at the heart of the Responsible Care
commitment—through these principles, members and Partners pledge to improve
environmental, health, safety and security (EHS&S) performance for facilities,
processes and products throughout the entire operating system. Companies also
are committed to open, public and transparent reporting and undergo mandatory
headquarters and facility audits to certify their performance.
2
American Chemistry
Council 14001
Certification
As part of the Responsible Care program, the American Chemistry Council (ACC)
has created the RC14001 standard for organizations that want to attain ISO 14001
certification while at the same time meeting the organization's Responsible Care
Management System or (RCMS) requirements. The ISO 14001 specifies
requirements for an environmental management system to enable an organization
to develop and implement a policy and objectives which take into account legal
and other requirements to which the organization subscribes. You need not be an
ACC member to seek RC14001 Certification, however, this responsible care
standard is focused on chemical companies and their suppliers. RC 14001 is a
Chemical Responsible Care Management System that broadens the scope of the
ISO 14001 Standard beyond the traditional Environmental Management System to
include health and safety, security, transportation, outreach, emergency response
and other Responsible Care requirements. The RC14001 Technical Standard
specification tracks closely with the elements of ISO 14001.
3
American Chemistry
Council Process Safety
Code
Also part of the Responsible Care program, the Process Safety Code sets forth this
collective commitment to a culture of process safety throughout chemical facility
processing operations, management systems and leadership organizations. This
Code aims to supplement existing process safety requirements contained within
the Responsible Care Management System (RCMS) and RC14001 technical
specifications, by specifically addressing process safety concepts such as
leadership, accountability and culture in order to drive overall process safety
performance improvement. It is also intended to complement existing regulatory
requirements, such as OSHA's Process Safety Management (PSM) standard and
EPA's Risk Management Plan (RMP) standard.
The Process Safety Code addresses issues across a division or corporation, and
includes a company commitment to set process safety expectations, define
accountability for process safety performance and allocate adequate resources to
achieve performance expectations. The code's seven management practices are:
leadership and culture; accountability; knowledge, expertise and training;
understanding and prioritization of process safety risks; comprehensive process
safety management system; information sharing; and monitoring and improving
performance.
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Overview
4
American Institute of
Chemical Engineers
Center for Chemical
Process Safety
The American Institute of Chemical Engineers (AIChE) is a professional
organization established in 1908. It currently has more than 60,000 both in the
United States and abroad. AIChE sponsors the Center for Chemical Process Safety
(CCPS), which is a corporate membership organization that identifies and
addresses process safety needs for facilities that handle, store, process, and
transport hazardous materials. CCPS has developed the Vision 20/20 program to
promote process safety initiatives and offer a model for process safety
management at toxic chemical and other hazardous substance facilities. Vison
20/20's five tenets for industry to follow are: 1) a committed culture of vigilance
and vulnerability shared by employees and managers; 2) vibrant management
systems that are able to recognize and adapt to facility operations and attendant
risks with clear documentation and accessibility; 3) disciplined adherence to
standards in design, operation, and maintenance of safety management equipment
and practices; 4) intentional competency development to ensure all employees are
capable of implementing safety standards; 5) application of lessons learned from
past incidents, successful implementation of standards, and benchmarking
programs.
5
American National
Standards Institute
(ANSI) K61.1 "Safety
Requirements of the
Storage and Handling of
Anhydrous Ammonia'"
This standard is intended to apply to the design, construction, repair, alteration,
location, installation, and operation of anhydrous ammonia systems including
refrigerated ammonia storage systems.
6
American Society for
Testing and Materials
(ASTM) Industrial
Chemical Standards
The global chemical industry and American Society for Testing and Materials
(ASTM) International have partnered for more than 100 years. Today, ASTM
standards contribute to research, production, and environmental safety and to
thousands of finished products manufactured from rubber, plastics, and raw
materials.
7
Chlorine Institute (CI)
The Chlorine Institute (CI) founded in 1924, is a technical trade association that
exists to support the chlor-alkali industry in advancing safe, secure,
environmentally compatible, and sustainable production, distribution, and use of
its mission chemicals (chlorine, sodium and potassium hydroxides, sodium
hypochlorite, the distribution of vinyl chloride monomer (VCM), and the
distribution and use of hydrogen chloride). CI and its members attempt to ensure
the safe and proper handling of the industry's products throughout the value chain,
by developing and sharing technical information, training and best practices for
the industry, its customers, emergency responders and the community. CI fosters
the development of regulations that support the achievement of continuous
improvement and voluntary mechanisms that preclude the need for new
government regulations and is a source of technical and safety related information
and emergency response procedures to prevent and mitigate the release of chlorine
and other mission chemicals.
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Program
Overview
8
Compressed Gas
Association (CGA)
Standards
Since 1913, the Compressed Gas Association (CGA) has developed and promoted
safety standards and safe practices in the industrial gas industry. They represent all
facets of the industry; manufacturers, distributors, suppliers, and transporters of
gases, cryogenic liquids, and related products. Their sphere of influence
encompasses industrial, medical, and specialty gases in compressed or liquefied
form, and a range of gas handling equipment. Members of the CGA have the
opportunity to join the Compressed Gas Emergency Action Plan (COMPGEAP)
which is a voluntary mutual aid network of compressed gas producers established
for cooperative responses to transportation emergencies.
9
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.
10
International
Electrotechnical
Commission (IEC)
61511
Worldwide organization for standardization to promote international cooperation
on electrical and electronic fields. They publish standards, technical specifications
and reports, guides, and other documents. They collaborate closely with the
international organization for standardization. The process industry sector includes
many types of manufacturing processes, such as refineries, petrochemical,
chemical, pharmaceutical, pulp and paper, and power. IEC standard 61511 is a
technical standard which sets out practices in the engineering of systems that
ensure the safety of an industrial process through the use of instrumentation. Such
systems are referred to as Safety Instrumented Systems.
11
International
Organization for
Standardization (ISO)
14001 Environmental
Management Standard
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 environmental systems 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.
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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.
12
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.
13
International Society of
Automation (ISA)
The International Society of Automation (ISA) is a nonprofit professional
association that sets the standard for those who apply engineering and technology
to improve the management, safety, and cybersecurity of modern automation and
control systems used across industry and critical infrastructure. Founded in 1945,
ISA develops widely used global standards; certifies industry professionals;
provides education and training; publishes books and technical articles; hosts
conferences and exhibits; and provides networking and career development
programs for its 40,000 members and 400,000 customers around the world. Some
of ISA's standard committees are: process and instrumentation diagrams; electrical
equipment for hazardous locations; and reference committee on hazardous
locations.
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.
14
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.
15
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.
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Program
Overview
16
OSHA 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 submit an
application to OSHA and undergo a rigorous onsite evaluation by a team of safety
and health professionals. Union support is required for applicants represented by a
bargaining unit. VPP participants are re-evaluated every three to five years to
remain in the programs. VPP participants are exempt from OSHA programmed
inspections while they maintain their VPP status.
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