Download Waste-Related and Other Regulations in Pennsylvania

Waste-Related and Other
Regulations in Pennsylvania
Prepared For
CATALYST CONNECTION WEBINAR SERIES
Presented By
Civil & Environmental Consultants, Inc.
► Paul W. Tomiczek III, REM, P.E. – Vice President
► David J. Larson – Project Manager
November 20, 2014
Introduction
► CEC is a Multi-Disciplinary Consulting & Engineering Firm
► 25th Year in business in 2014
► Consistently ranked highly among the Engineering News-Record’s Top
200 Environmental Firms List and Top 500 Design Firms List
► Named a Top Workplace in Pittsburgh and Nashville
Introduction
More Than 650 Employees in 19 Cities
1.
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2.
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3.
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4.
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5.
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6.
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7.
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8.
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9.
Export, PA
10. Indianapolis, IN
11. Knoxville, TN
12. Nashville, TN
13. Philadelphia, PA
14. Phoenix, AZ
15. Pittsburgh, PA
16. Sayre, PA
17. Sevierville, TN
18. St. Louis, MO
19. Toledo, OH
Introduction
Our Service Areas
Civil Engineering & Survey
Environmental
Engineering & Sciences
Ecological Sciences
The Clients We Serve
► Manufacturing
► Mining
► Natural Gas
► Power
► Public Sector
Waste Management
► Real Estate
Water Resources
► Solid Waste
Webinar Introduction
This webinar will focus on waste-related issues and several other
regulatory program areas. There are many state and federal regulations
that may apply to a manufacturing facility. This webinar will review a
selection of the regulations.
Agenda
► 1. Resource Conservation and Recovery Act (RCRA) regulations address
hazardous waste identification procedures, recycling exemptions, “universal
wastes”, used oils and waste oils, and generator requirements for labeling,
accumulating, and manifesting wastes;
► 2. Pennsylvania Residual Waste regulations (Chapter 287) govern the
management, disposal, and reporting of industrial wastes;
► 3. Preparedness, Prevention, and Contingency (PPC) Plan requirements are
intended to help prevent the release of wastes or other chemicals and
petroleum products that could result in contamination of groundwater and
surface water, and prepare facilities to address accidental releases that may
occur;
► 4. Emergency Planning and Community Right-to-Know Act (EPCRA) regulations
cover the storage and use of most chemicals at industrial facilities when they
exceed certain threshold values, including submittal of Tier II Chemical Inventory
Reports and Toxic Release Inventory Forms; and
► 5. Toxic Substances Control Act (TSCA) regulations pertain to new chemical
manufacturing and submitting Chemical Data Report (CDR) forms for the
manufacture of chemicals above certain thresholds, as well as regulations
related to the use of Polychlorinated Biphenyls (PCBs) at industrial sites.
RCRA - Hazardous Waste Identification
► Hazardous Waste Identification Process
▪ Proper hazardous waste identification is essential to the
success of the RCRA program. This identification process can
be a very complex task. Therefore, it is best to approach the
issue by asking a series of questions in a step-wise manner.
1. Is the material in question a solid waste?
2. Is the material excluded from the definition of solid waste or
hazardous waste?
3. Is the waste a listed or characteristic hazardous waste?
4. Is the waste delisted?
RCRA - Hazardous Waste Identification
► Is the Material a Solid Waste?
▪ Recycled Materials
▪ Secondary Materials
▪ Sham Recycling
RCRA - Hazardous Waste Identification
Recycled Wastes May or May Not Be Solid Wastes
RCRA - Hazardous Waste Identification
► Is the Waste Excluded?
► Determining whether or not a waste is excluded or
exempted from hazardous waste regulation is the second
step in the RCRA hazardous waste identification process.
There are five categories of exclusions:
▪ Solid Waste Exclusions
▪ Hazardous Waste Exclusions
▪ Raw Material, Product Storage, and Process Unit Waste
Exclusions
▪ Sample and Treatability Study Exclusions
▪ Dredged Material Regulated under the Marine Protection
Research and Sanctuaries Act or the Clean Water Act
RCRA - Hazardous Waste Identification
► Solid Waste Exclusions (Examples)
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
Domestic Sewage and Mixtures of Domestic Sewage
Industrial Wastewater Discharges (Point Source Discharges)
Irrigation Return Flows
Pulping Liquors
Spent Sulfuric Acid
Closed-Loop Recycling
Certain Coke By-Product Wastes
Processed Scrap Metal
Shredded Circuit Boards
Zinc Fertilizer from Recycled Hazardous Secondary Materials
RCRA - Hazardous Waste Identification
► Hazardous Waste Exclusions (Examples)
▪
▪
▪
▪
▪
Household Hazardous Waste
Agricultural Waste
Bevill and Bentsen Wastes
Trivalent Chromium Wastes
Used Oil Filters
RCRA - Hazardous Waste Identification
► Raw Material, Product Storage, and Process Unit Waste
Exclusions
▪ Hazardous wastes generated in raw material, product
storage, or process (e.g., manufacturing) units are exempt
from Subtitle C hazardous waste regulation while the waste
remains in such units. These units include tanks, pipelines,
vehicles, and vessels used either in the manufacturing
process or for storing raw materials or products, but
specifically do not include surface impoundments.
▪ Once the waste is removed from the unit, or when a unit
temporarily or permanently ceases operation for 90 days, the
waste is considered generated and is subject to regulation.
RCRA - Hazardous Waste Identification
► Waste Sample and Treatability Study Sample Exclusions
▪ Hazardous waste samples are small, discrete amounts of
hazardous waste that are essential to ensure accurate
characterization and proper hazardous waste treatment.
▪ In order to facilitate the analysis of these materials, RCRA
exempts characterization samples and treatability study
samples from Subtitle C hazardous waste regulation.
RCRA - Hazardous Waste Identification
► Is the Waste a Listed Hazardous Waste?
► After a facility determines that its waste is a solid waste
and is not excluded from the definitions of solid or
hazardous waste, the owner and operator must determine
if the waste is a hazardous waste. The first step in this
process is determining if the waste is a listed hazardous
waste. The hazardous waste listings consist of four lists:
the F, P, K, and U lists
► Listing Criteria - The hazard codes indicating the basis for
listing a waste are:
▪
▪
▪
▪
▪
▪
Toxic Waste (T)
Acute Hazardous Waste (H)
Ignitable Waste (I)
Corrosive Waste (C)
Reactive Waste (R)
Toxicity Characteristic Waste (E)
RCRA - Hazardous Waste Identification
► Hazardous Waste Lists
► The F list — The F list includes wastes from certain
common industrial and manufacturing processes.
Because the processes generating these wastes can
occur in different sectors of industry, the F list wastes are
known as wastes from nonspecific sources. The F list is
codified in the regulations in 40 CFR §261.31.
► The K list — The K list includes wastes from specific
industries. As a result, K list wastes are known as wastes
from specific sources. The K list is found in 40 CFR
§261.32.
RCRA - Hazardous Waste Identification
► The P list and the U list — These two lists include pure or
commercial grade formulations of specific unused
chemicals. Chemicals are included on the P list if they are
acutely toxic. A chemical is acutely toxic if it is fatal to
humans in low doses, if scientific studies have shown that
it has lethal effects on experimental organisms, or if it
causes serious irreversible or incapacitating illness. The U
list is generally comprised of chemicals that are toxic, but
also includes chemicals that display other characteristics,
such as ignitability or reactivity. Both the P list and U list
are codified in 40 CFR §261.33.
RCRA - Hazardous Waste Identification
► Waste Listed Solely for Exhibiting the Characteristic of
Ignitability, Corrosivity, and/or Reactivity
▪ Hazardous wastes listed solely for exhibiting the characteristic
of ignitability, corrosivity, and/ or reactivity are not regulated
the same way that other listed hazardous wastes are
regulated under RCRA. When a waste meets a listing
description for one of the 29 wastes listed solely for exhibiting
the characteristic of ignitability, corrosivity, and/or reactivity,
the waste is not hazardous if it does not exhibit that
characteristic at the point of generation.
RCRA - Hazardous Waste Identification
► Delisting Petitions
▪ The RCRA regulations provide a form of relief for listed
wastes with low concentrations of hazardous constituents.
Through a site-specific process known as delisting, a waste
handler can submit to an EPA region or authorized state a
petition demonstrating that, even though a particular
wastestream generated at its facility is a listed hazardous
waste, it does not pose sufficient hazard to merit RCRA
regulation.
RCRA - Hazardous Waste Identification
► Is the Waste a Characteristic Hazardous Waste?
▪
▪
▪
▪
Ignitability
Corrosivity
Reactivity
Toxicity
RCRA - Hazardous Waste Identification
► Ignitability
▪ The ignitability characteristic identifies wastes that can readily
catch fire and sustain combustion. Many paints, cleaners, and
other industrial wastes pose such a hazard. Liquid and non-liquid
wastes are treated differently by the ignitability characteristic.
▪ The flash point test determines the lowest temperature at which
the fumes above a waste will ignite when exposed to flame.
Liquid wastes with a flash point of less than 60°C (140°F) in
closed-cup test are ignitable.
▪ Many wastes in solid or non-liquid physical form (e.g., wood or
paper) can also readily catch fire and sustain combustion, but
EPA did not intend to regulate most of these non-liquid materials
as ignitable wastes. A non-liquid waste is considered ignitable
only if it can spontaneously catch fire or catch fire through friction
or absorption of moisture under normal handling conditions and
can burn so vigorously that it creates a hazard.
RCRA - Hazardous Waste Identification
► Corrosivity
▪ The corrosivity characteristic identifies wastes that are acidic
or alkaline (basic). Such wastes can readily corrode or
dissolve flesh, metal, or other materials.
▪ Aqueous wastes with a pH greater than or equal to 12.5 or
less than or equal to 2 are corrosive. A liquid waste may also
be corrosive if it has the ability to corrode steel under specific
conditions.
▪ Corrosive wastes carry the waste code D002. The regulations
describing the corrosivity characteristic are found in 40 CFR
§261.22.
RCRA - Hazardous Waste Identification
► Reactivity
▪ The reactivity characteristic identifies wastes that readily explode
or undergo violent reactions or react to release toxic gases or
fumes.
▪ A waste is reactive if it meets any of the following criteria:
o It can explode or violently react when exposed to water or under
normal handling conditions
o It can create toxic fumes or gases at hazardous levels when
exposed to water or under normal waste handling conditions
o It can explode if heated under confinement or exposed to a
strong igniting source, or it meets the criteria for classification as
an explosive under DOT rules
o It generates toxic levels of sulfide or cyanide gas when exposed
to a pH range of 2 through 12.5
 Wastes exhibiting the characteristic of reactivity assigned the waste
code D003. The reactivity characteristic is described in the regulations
in 40 CFR §261.23
RCRA - Hazardous Waste Identification
► Toxicity
▪ When hazardous waste is disposed of in a land disposal unit,
toxic compounds or elements can leach into underground
drinking water supplies and expose users of the water to
hazardous chemicals and constituents.
▪ EPA developed the toxicity characteristic to identify wastes
likely to leach dangerous concentrations of toxic chemicals
into ground water. A lab procedure was developed to evaluate
the leaching properties of waste, the Toxicity Characteristic
Leaching Procedure (TCLP).
▪ The regulations describing the toxicity characteristic are
codified in 40 CFR §261.24, and the TC regulatory levels
appear in Table 1 of that same section.
RCRA - Hazardous Waste Identification
RCRA - Hazardous Waste Identification
► Mixture Rule
▪ The mixture rule is intended to ensure that mixtures of listed
wastes with nonhazardous solid wastes are regulated in a
manner that minimizes threats to human health and the
environment
▪ Listed Wastes: The mixture rule regulates a combination of
any amount of a nonhazardous solid waste and any amount
of a listed hazardous waste as a listed hazardous waste
▪ Characteristic Wastes: The mixture rule applies differently to
listed and characteristic wastes. A mixture involving
characteristic wastes is hazardous only if the mixture itself
exhibits a characteristic.
RCRA - Hazardous Waste Identification
► Mixture Rule (Continued)
▪ Wastes Listed solely for exhibiting the characteristic of
Ignitability, corrosivity, and/or Reactivity: All wastes listed
solely for exhibiting the characteristic of ignitability, corrosivity
and/ or reactivity characteristic are not regulated as
hazardous wastes once they no longer exhibit a
characteristic. If a hazardous waste listed only for a
characteristic is mixed with a solid waste, the original listing
does not carry through to the resulting mixture if that mixture
does not exhibit any hazardous waste characteristics.
▪ De Minimis Exemptions may apply in some cases.
RCRA - Hazardous Waste Identification
► Derived From Rule:
▪ Listed Wastes: EPA created the derived-from rule which
states that any material derived from a listed hazardous waste
is also a listed hazardous waste
▪ Characteristic Wastes: Treatment residues and materials
derived from characteristic wastes are hazardous only if they
themselves exhibit a characteristic.
RCRA – Universal Wastes
► Universal Waste
▪ Universal wastes are subject to management provisions
intended to ease the management burden and facilitate the
recycling or proper treatment and disposal of such materials.
Four types of waste are covered under universal waste
regulations: hazardous waste batteries, hazardous waste
pesticides that are either recalled or collected in waste
pesticide collection programs, hazardous waste mercurycontaining equipment, and hazardous waste lamps.
▪ Universal Waste Management Standards are discussed at 40
CFR Part 273
RCRA – Used Oil/Waste Oil
► Used oil is any oil that has been refined from crude oil or
any synthetic oil that has been used and, as a result of
such use, is contaminated by physical or chemical
impurities.
► Used Oil Management Standards are discussed at 40 CFR
Part 279
► Pennsylvania regulations require “Used Oil” to be labeled
as “Waste Oil”.
RCRA – Electronics Waste Disposal
► In November 2010, the Pennsylvania General Assembly
passed the Covered Device Recycling Act (CDRA), which
establishes a number of requirements for individuals and
entities involved throughout the life cycle of certain
“covered” electronic devices.
► Covered devices include items such as: desktop
computers, laptop computers, computer monitors,
computer peripherals and televisions.
RCRA – Electronics Waste Disposal
► Beginning Jan. 24, 2013, a disposal ban on covered
devices went into effect in Pennsylvania. Business may
not dispose of a covered device with their municipal solid
waste.
► These devices and their components must be properly
recycled and may not be taken to (or accepted by) landfills
or other solid waste disposal facilities for disposal.
RCRA – Generator Categories and Requirements
► Who Are The Regulated Generators?
▪ Large Quantity Generators
▪ Small Quantity Generators
▪ Conditionally Exempt Small Quantity Generators
► Episodic Generation
► State Regulations
RCRA – Generator Categories and Requirements
► Large Quantity Generators (LQGs)
▪ Large quantity generators are defined as those facilities that
generate:
o 1,000 kg or more of hazardous waste per calendar month
(approximately 2,200 lbs)
OR
o 1 kg or more of acutely hazardous waste per calendar month
(approximately 2.2 lbs).
RCRA – Generator Categories and Requirements
► Small Quantity Generators (SQGs)
► SQGs are defined as those facilities that:
▪ Generate between 100 kg (approximately 220 lbs) and 1,000
kg of hazardous waste per calendar month
AND
▪ Accumulate less than 6,000 kg (approximately 13,200 lbs) of
hazardous waste at any time.
RCRA – Generator Categories and Requirements
► Conditionally Exempt Small Quantity Generators
(CESQGs). These generators are defined as those facilities
that produce:
▪ 100 kg or less of hazardous waste per calendar month
OR
▪ 1 kg or less of acutely hazardous waste per calendar month.
▪ Beyond the monthly generation limits, the CESQG
requirements additionally limit the facility’s total waste
accumulation quantities to 1,000 kg of hazardous waste, 1 kg
of acute hazardous waste, or 100 kg of any residue from the
cleanup of a spill of acute hazardous waste at any time.
RCRA – Generator Categories and Requirements
► Because generator status is determined on a monthly
basis, it is possible that a generator’s status can change
from one month to the next, depending on the amount of
waste generated in a particular month. This is referred to
as episodic generation.
► If a generator’s status does in fact change, the generator
is required to comply with the respective regulatory
requirements for that class of generators for the waste
generated in that particular month.
RCRA – Generator Categories and Requirements
► Large and Small Quantity Generator Regulatory
Requirements
▪
▪
▪
▪
▪
▪
▪
Waste Identification and Counting
EPA Identification Numbers
Accumulation of Waste
Preparation for Transport Regulations
Manifest
Recordkeeping and Reporting
Quantity and Time Limits for Storage of Wastes
RCRA – Generator Categories and Requirements
► General Facility Standards
▪
▪
▪
▪
▪
▪
▪
EPA Identification Numbers
Waste Analysis
Security
Inspection Requirements
Personnel Training
Requirements for Ignitable, Reactive, or Incompatible Waste
Location Standards
RCRA – Generator Categories and Requirements
► Preparedness and Prevention Contingency Plans and
Emergency Procedures
▪ Contingency Plan
▪ Emergency Coordinator
▪ Emergency Procedures
RCRA – Generator Categories and Requirements
RCRA – TSDF Standards and Requirements
► Standards for Hazardous Waste Treatment Storage, and
Disposal Units
▪
▪
▪
▪
▪
▪
▪
▪
Containers
Containment Buildings
Drip Pads
Land Treatment Units
Landfills
Surface Impoundments
Tanks
Waste Piles
RCRA - References
► EPA RCRA Hotline Training Modules
▪ http://www.epa.gov/wastes/inforesources/pubs/rmods.htm
► EPA RCRA Orientation Manual
▪ http://www.epa.gov/osw/inforesources/pubs/orientat/rom.pdf
► Electronic Code of Federal Regulations – 40 CFR 260-280
▪ http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40tab_02.tpl
PA Residual Waste Regulations
► Regulations are covered in Chapter 287.
► Responsibilities under these regulations include proper
waste characterization, management and disposal.
► Source reduction strategy planning (25R) is also required
under the PA residual waste regulations.
► Reporting obligations include biennial residual waste
reporting and annual 26R reporting.
Form 26R - Chemical Analysis of Residual Waste
Annual Report by the Generator
► Residual waste—Garbage, refuse, other discarded
material or other waste, including solid, liquid,
semisolid or contained gaseous materials resulting
from industrial, mining and agricultural operations and
sludge from an industrial, mining or agricultural water
supply treatment facility, wastewater treatment facility
or air pollution control facility, if it is not hazardous.
Form 26R – Types of Residual Waste
► Combustion Residues
► Metallurgical Process Residues
► Sludges, Scales
► Chemical Wastes
► Generic Manufacturing Wastes
▪ Wood Wastes
▪ Process Wastewaters
▪ Grease
► Special Handling Wastes
▪ Asbestos Containing Waste
▪ Waste Tires
► Industrial Equipment, Maintenance Waste/Scrap
► Do Not Report: sanitary sewage or uncontaminated non-contact
cooling waters; office, lunchroom, or restroom wastes;
construction/demolition debris
Form 26R - Chemical Analysis of Residual Waste
Annual Report by the Generator
► SECTION A. CLIENT (GENERATOR OF THE WASTE) INFORMATION
▪ Company Name
▪ Contact Information
▪ Waste Generation Location
► SECTION B. WASTE DESCRIPTION
▪ General Properties:
o pH Range
o Physical State
o Physical Appearance
▪ Amount and Unit of Measure
▪ Residual Waste Code
Form 26R – Residual Waste Codes
► The list of Residual Waste Codes (RWC) can be found on the
‘Codes Residual Waste’ PADEP document 2540-PM-BWM040
► Also include:
▪
▪
▪
▪
code’s description,
the amount of waste,
the unit of measurement, and
the timeframe for disposal/processing.
Form 26R
► SECTION B. WASTE DESCRIPTION (Continued)
▪ Chemical Analysis Attachments
o
o
o
o
o
Detailed Chemical Characterization
Description of Waste Sampling Method
Laboratory QA/QC procedures
Hazardous Waste Determination
Generator Knowledge in Lieu of Chemical Analysis
Form 26R
► SECTION B. WASTE DESCRIPTION (Continued)
▪ Process Description & Schematic Attachments
o Manufacturing and/or pollution Control Processes
o Schematic Detailing Waste Production
o Confidentiality Claim
Form 26R
► SECTION C. MANAGEMENT OF RESIDUAL WASTE
▪ Processing Or Disposal Facilities
▪ Beneficial Use
o General Permit Number
o Approval Number
o Volume of Waste
► SECTION D. CERTIFICATION
▪ General Properties
▪ Chemical Analysis
▪ Process Description
Form 26R
► Department of Environmental Protection
Southeast Regional Office
2 East Main Street
Norristown, PA 19401-4915
Phone (484) 250-5960
Southwest Regional Office
400 Waterfront Drive
Pittsburgh, PA 15222
Phone (412) 442-4000
Northeast Regional Office
2 Public Square
Wilkes-Barre, PA 18711
Phone (570) 826-2516
Northcentral Regional Office
208 W. 3rd St., Suite 101
Williamsport, PA 17701
Phone (570) 327-3653
Southcentral Regional Office
909 Elmerton Avenue
Harrisburg, PA 17110
Phone (717) 705-4706
Northwest Regional Office
230 Chestnut Street
Meadville, PA 16335
Phone (814) 332-6848
Form 26 R - References
► PADEP Form 26R Chemical Analysis Of Residual Waste
Annual Report By The Generator; 2540-PM-BWM0347 Rev.
1/2011
► PADEP Form 26R Chemical Analysis Of Residual Waste
Annual Report By The Generator Instructions; 2540-PMBWM0347 Rev. 7/2010
► PADEP Residual Waste Codes (RWC); 2540-PM-BWM0404
Rev. 8/2010
► 25 Pa. Code Section 287 Residual Waste Management—
General Provisions http://www.pacode.com/secure/data/025/chapter287/chap287t
oc.html
Preparedness, Prevention, and Contingency
(PPC) Plan
1. Who needs to develop and implement a PPC Plan?
2. What is a PPC Plan?
Who needs to develop and implement a PPC Plan?
► Pennsylvania industrial and commercial installations which have
the potential for causing accidental pollution of air, land, or water,
or the endangerment of public health and safety are required to
develop and implement.
► Authority:
▪
▪
▪
▪
▪
The Federal Clean Water Act,
Pennsylvania Clean Streams Law,
Pennsylvania Solid Waste Management Act,
Pennsylvania Storage Tank and Spill Prevention Act, and
Federal Oil Pollution Act
Who needs to develop and implement a PPC Plan?
► Pennsylvania industrial and commercial installations:
▪ applying for an NPDES Storm Water Discharge General Permit,
Industrial Wastewater Discharge Permit, or Water Management
Permit;
▪ that are non-NPDES facilities directed by the DEP to develop a
PPC plan (on a case-by-case basis);
▪ that have regulated storage tank(s) with an aggregate
aboveground storage capacity > 21,000 gallons [note: a Spill
Prevention Response (SPR) plan is also required]; or
▪ that generate hazardous waste, or which involve treatment,
recycling, storage, or disposal of hazardous waste [note:
generators, of between 100 and 1,000 kilograms of hazardous
waste per month, may not be required to have a PPC plan if they
comply with the Preparedness and Prevention requirements in
the regulations
PPC Plan - Policy
► To plan and provide effective and efficient response to
emergencies and accidents for any situation dealing with
public health, safety, and the environment.
PPC Plan - Purpose
►“To improve and preserve the purity of the
Waters of the Commonwealth by prompt
adequate response to all emergencies and
accidental spills of polluting substances for
the protection of public health, animal and
aquatic life and for recreation.”
▪ Many manufacturing and commercial activities have the
potential for causing environmental degradation or
endangerment of public health and safety through accidental
releases of toxic, hazardous, or other polluting materials.
PPC Plan – Water-Related Considerations
► Purpose: prevention/control of accidental discharge of polluting
materials to surface water or groundwater
► Covered Activities: all industrial activities having potential for
accidental pollution
▪ transportation, storage, processing of raw materials,
intermediates, products, fuels, wastes
► Hazards Addressed: container leaks, ruptures, spills, floods,
power failures, mechanical failure, human error, strikes,
vandalism
PPC Plan – Waste-Related Considerations
► Purpose: minimize and abate hazards to human health and the
environment from fires, explosions, or release of solid wastes
to air, soil, or surface water
► Covered Activities: generating, storing, recycling, treating,
transporting, or disposing of solid wastes, hazardous wastes,
residual wastes, municipal wastes, or medical wastes
► Hazards Addressed: container leaks, ruptures, spills, floods,
power failures, mechanical failure, human error, strikes,
vandalism, fires, explosions
PPC Plan – Other Emergency Response Plans
► Oil-related Spill Prevention, Control, and Countermeasure
(SPCC) plans, which are or have been developed pursuant to
EPA’s oil-related SPCC regulations, can be incorporated into a
PPC plan; as can other emergency response plans (e.g. PIPPs
and SWPPPs).
► Likewise, the additional downstream notification requirement of
an Spill Prevention Response (SPR) plan can be added to an
existing plan to satisfy the “Storage Tank and Spill Prevention
Act,” providing all required elements of a SPR plan are
completed for the existing plan.
PPC Plan - Submission to PADEP
► NPDES dischargers should submit (2) copies of the PPC plan
for review, along with the NPDES application materials. All
Stormwater General Permit applicants must complete and
implement the Plans before or at the same time as application
submission.
► Facilities which are not required to obtain NPDES permits, but
which must obtain Water Quality Protection Part II permits,
should submit (2) copies of the PPC plan for review, along with
the Part II permit application.
► Other facilities which are not normally required to obtain
NPDES or WQM Part II permits may also be required to
develop and submit a PPC Plan, should conditions warrant,
pursuant to Chapter 92 of the Department’s regulations.
PPC Plan - Submission to PADEP
► Hazardous waste generators are required to develop PPC
plans and to maintain them on site. They are required to
submit PPC plans to the Department for review upon request
by the Department.
► Hazardous waste treatment, recycling, storage, or disposal
facilities should submit one copy of the PPC plan for each copy
of the Hazardous Waste Part B permit application being
submitted.
► Residual and/or municipal waste disposal/processing/transfer/
composting facilities are required to develop and submit a PPC
Plan as part of the residual and/or municipal waste permit
application. Facilities permitted under permit-by-rule are
required to develop PPC Plans and maintain them on site.
► Aboveground storage tank facilities (with aggregate capacity
>21,000 gallons) are required to submit one copy of the SPR
plan to the appropriate regional DEP office for review.
PPC Plan - Distribution
► A copy of the plan and any subsequent revisions must be
maintained on-site. All members of the installation’s
organization responsible for implementing and maintaining the
plan and all emergency coordinators must review the plan and
be thoroughly familiar with provisions.
► PPC and other facility plans should be made available to the
following agencies, to the extent which they may become
involved in an actual emergency:
1.
2.
3.
4.
County and Local Emergency Management Agencies
Local Fire Service Agencies and/or Hazmat Team
Local Emergency Medical Service Agencies
Local Police
PPC Plan - Content and Format
► Effectiveness depends upon simplicity and readability
► Diagrams, charts, tables, maps, and plans must be legible and
understandable, particularly in times of an actual emergency
► Indexed or tabbed for quick reference in an emergency
PPC Plan - Description of Facility
1. Description of the Industrial or Commercial Activity
2. Description of Existing Emergency Response Plans
3. Material and Waste Inventory
4. Pollution Incident History
5. Implementation Schedule for Plan Elements Not
Currently in Place
PPC Plan - Implementation
► Description of How Plan is Implemented by Organization
1.
2.
3.
4.
Organizational Structure of Facility for Implementation
List of Emergency Coordinators
Duties and Responsibilities of the Coordinator
Chain of Command
PPC Plan - Spill Leak Prevention and Response
1. Pre-Release Planning
2. Material Compatibility
3. Inspection and Monitoring Program
4. Preventive Maintenance
5. Housekeeping Program
6. Security
7. External Factor Planning
8. Employee Training Program
PPC Plan - Countermeasures
1.
2.
3.
4.
5.
Countermeasures to be Undertaken by Facility
Countermeasures to be Undertaken by Contractors
Internal and External Communications and Alarm Systems
Evacuation Plan for Installation Personnel
Emergency Equipment Available for Response
PPC Plan - Emergency Spill Control Network
1. Arrangements with Local Emergency Response
Agencies
2. Notification Lists
3. Downstream Notification Requirement for Storage
Tanks (>21,000 gallons of regulated substances)
PPC Plan – DEP Notification
PPC Plan - Certification Requirements for NonStorm Water Discharges
► Provide a certification that the discharge has been
tested or evaluated for the presence of nonstormwater discharges, including the identification of
potential significant sources of non-stormwater at
the site
▪ Except for sources including: fire-fighting activities;
fire hydrant flushing; irrigation drainage; lawn
watering; routine external building washdown which
does not use detergents or other compounds;
uncontaminated air conditioning or compressor
condensate
PPC Plan - Storm Water Management Practices
► Description of BMPs to control storm water runoff and prevent
storm water pollution that are reasonable and appropriate, and
will be implemented and maintained
► Traditional measures reduce pollutant discharges by reducing
the volume of storm water discharges, such as swales, or
preventing storm water run-on in areas of industrial activities
► Low cost measures may include:
▪ diverting rooftop or other drainage across grass swales,
▪ cleaning catch basins, and
▪ installing and maintaining oil and grit separators.
PPC Plan - Sediment and Erosion Prevention
► Identify areas which, due to topography, activities, or other
factors, have a high potential for significant soil erosion, and
identify measures to limit erosion.
► Develop and implement sediment and erosion prevention and
control measures in accordance with Chapter 102 of the
Department’s rules and regulations and the Bureau of Soil and
Water Conservation’s “Erosion and Sediment Pollution Control
Program Manual.”
PPC Plan - Additional Requirements for EPCRA,
Section 313 Facilities
► Facilities that manufacture, import, process, or otherwise use
listed toxic chemicals and are required to report annually their
releases of those chemicals to any environmental media
1. Stormwater controls in areas where Section 313 water priority
chemicals are stored, processed or otherwise handled.
2. Secondary containment for the entire capacity of largest
single container or tank plus sufficient freeboard to allow for
precipitation (25-year, 24-hour storm event),
3. Managed operations where Section 313 water priority
chemicals are transferred, processed, or otherwise handled
4. Annual Certification by a Registered Professional Engineer
PPC Plan - References
► PADEP “Guidelines for the Development and Implementation
of Environmental Emergency Response Plans” Document ID
400-2200-001; August 6, 2005
► PADEP PAG-03 Authorization To Discharge Under The
National Pollutant Discharge Elimination System (NPDES)
General Permit For Discharges Of Stormwater Associated With
Industrial Activities 3800-PM-WSFR0083d Rev. 12/2010
Emergency Planning and Community Right-to-Know
Act (EPCRA)
► On December 4, 1984, methyl isocyanate, an extremely
toxic chemical escaped from a Union Carbide chemical
plant in Bhopal, India. Thousands died and many more
were injured.
► Approximately six months later, a similar but less severe
chemical release incident occurred at a facility located in
Institute, West Virginia.
► These two events raised concern about local
preparedness for chemical emergencies and the
availability of information on hazardous chemicals.
► In response to these concerns, Congress passed the
Emergency Planning and Community Right-to-Know Act
(EPCRA) in 1986.
EPCRA Program Areas
► EPCRA has four major provisions:
▪ Emergency Planning (Sections 301-303)
▪ Emergency Release Notification (Section 304)
▪ Hazardous Chemical Storage Reporting Requirements
(Sections 311-312)
▪ Toxic Chemical Release Inventory (Section 313)
EPCRA – Sections 301-303
► Emergency Response Plans (Sections 301-303)
▪ Emergency Response plans contain information that
community officials can use at the time of a chemical
accident.
▪ Any facility that has EHS at or above its threshold planning
quantity must notify the State Emergency Response
Commission (SERC) or the Tribal Emergency Response
Commission (TERC) and Local Emergency Planning
Committee (LEPC) within 60 days after they first receive a
shipment or produce the substance on site.
EPCRA – Section 304
► Emergency Notification Requirements (Section 304)
▪ Facilities must immediately notify the LEPC and the SERC or
the TERC if there is a release into the environment of a
hazardous substance that is equal to or exceeds the minimum
reportable quantity set in the regulations.
▪ This requirement covers the 355 extremely hazardous
substances, as well as the more than 700 hazardous
substances subject to the emergency notification
requirements under CERCLA section 103(a)(40 CFR 302.4).
EPCRA – Section 304
► This emergency notification needs to include:
▪ The chemical name;
▪ An indication of whether it is an extremely hazardous
substance;
▪ An estimate of the quantity released into the environment;
▪ The time and duration of the release;
▪ Whether the release occurred into air, water, and/or land;
▪ Any known or anticipated acute or chronic health risks
associated with the emergency, and where necessary, advice
regarding medical attention for exposed individuals;
▪ Proper precautions, such as evacuation or sheltering in place;
and,
▪ Name and telephone number of contact person.
▪ A written follow-up written notice must also be submitted.
EPCRA – Sections 311-312
► Community Right-to-know Requirements (Sections 311
and 312)
▪ Under Occupational Safety and Health Administration (OSHA)
regulations, employers must maintain a material safety data
sheet (MSDS) for any hazardous chemicals stored or used in
the work place. Approximately 500,000 products are required
to have MSDSs.
▪ Section 311 requires facilities that have MSDSs for chemicals
held above certain threshold quantities to submit either copies
of their MSDSs or a list of these chemicals to the SERC or
TERC, LEPC, and local fire department.
EPCRA – Sections 311-312
► Section 311(e) of EPCRA excludes the following substances:
▪ 1) Any food, food additive, color additive, drug, or cosmetic
regulated by the Food and Drug Administration;
▪ 2) Any substance present as a solid in any manufactured item to
the extent exposure to the substance does not occur under
normal conditions of use;
▪ 3) Any substance to the extent it is used for personal, family, or
household purposes, or is present in the same form and
concentration as a product packaged for distribution and use by
the general public;
▪ 4) Any substance to the extent it is used in a research laboratory
or a hospital or other medical facility under the direct supervision
of a technically qualified individual; and
▪ 5) Any substance to the extent it is used in routine agricultural
operations or is a fertilizer held for sale by a retailer to the
ultimate customer.
EPCRA – Sections 311-312
► If the facility owner or operator chooses to submit a list of
chemicals, the list must include the chemical or common
name of each substance and must identify the applicable
hazard categories.
► These hazard categories are:
▪
▪
▪
▪
▪
Immediate (acute) health hazard
Delayed (chronic) health hazard
Fire hazard
Sudden release of pressure hazard
Reactive hazard
EPCRA – Sections 311-312
► If a list is submitted, the facility must submit a copy of the
MSDSs for any chemical on the list upon request by the
LEPC.
► Facilities that start using a hazardous chemical or
increase the quantity to exceed the thresholds must
submit MSDSs or a list of MSDSs chemicals within three
months after they become covered.
► Facilities must provide a revised MSDS to update the
original MSDS or list if significant new information is
discovered about the hazardous chemical.
EPCRA – Sections 311-312
► Facilities covered by section 311 must submit annually an
Emergency and Hazardous Chemical Inventory Form to
the LEPC, the SERC or the TERC, and the local fire
department as required under section 312. Facilities
provide either a Tier I or Tier II inventory form.
► Tier I inventory form include the following aggregate
information for each applicable hazard category:
▪ An estimate (in ranges) of the maximum amount of hazardous
chemicals for each category present at the facility at any time
during the preceding calendar year;
▪ An estimate (in ranges) of the average daily amount of
hazardous chemicals in each category; and,
▪ The general location of hazardous chemicals in each
category.
EPCRA – Sections 311-312
► The Tier II inventory form contains basically the same
information as the Tier I, but it must list the specific
chemicals. Tier II inventory form provide the following
information for each chemical:
▪ The chemical name or the common name as indicated on the
MSDS;
▪ An estimate (in ranges) of the maximum amount of the chemical
present at any time during the preceding calendar year and the
average daily amount;
▪ A brief description of the manner of storage of the chemical;
▪ The location of the chemical at the facility; and
▪ An indication of whether the owner elects to withhold location
information from disclosure to the public.
► Many states (such as Pennsylvania) require completion of
the Tier II inventory form. Section 312 information must be
submitted on or before March 1 each year for information on
chemicals present at the facility in the previous year.
EPCRA – Sections 313
► Toxics Release Inventory (Section 313)
▪ Section 313 of EPCRA established the Toxics Release
Inventory. TRI tracks the management of certain toxic
chemicals that pose a threat to human health and the
environment. Facilities in different industry sectors must
annually report how much of each chemical they managed
through recycling, energy recovery, treatment and
environmental releases.
▪ TRI reporting forms must be submitted to EPA and the
appropriate state or tribe by July 1 of each year. These forms
cover environmental releases and other management of toxic
chemicals that occurred during the previous calendar year.
EPCRA – Sections 313
► The information submitted by facilities is compiled in the
Toxics Release Inventory and made available to the public
through the TRI website: www.epa.gov/tri
► TRI includes information about:
▪ On-site releases (including disposal) of toxic chemicals to air,
surface water and land
▪ On-site recycling, treatment and energy recovery associated with
TRI chemicals
▪ Off-site transfers of toxic chemicals from TRI facilities to other
locations
▪ Pollution prevention activities at facilities
▪ Releases of lead, mercury, dioxin and other persistent,
bioaccumulative and toxic (PBT) chemicals
▪ Facilities in a variety of industry sectors (including
manufacturing, metal mining and electric power generation) and
some federal facilities
EPCRA – Reporting Timetables
► Reporting Schedules for EPCRA Section Numbers:
▪ 302 One time notification to SERC / TERC and LEPC
▪ 304 Each time a release above a reportable quantity of an
EHS or CERCLA Hazardous Substance occurs to LEPC and
SERC or TERC
▪ 311 One time submission of MSDS or list of hazardous
chemicals. An update is required for new chemicals or new
information about chemicals already submitted to the SERC
or TERC, LEPC, and the fire department with jurisdiction over
the facility
▪ 312 Annually, by March 1 to SERC or TERC, LEPC, and the
fire department with jurisdiction over the facility
▪ 313 Annually, by July 1, to EPA, states and tribes
EPCRA – References
► EPA EPCRA Webpage
▪ http://www2.epa.gov/epcra
► EPA EPCRA TRI Webpage
▪ http://www2.epa.gov/toxics-release-inventory-tri-program
► EPA EPCRA Fact Sheet
▪ http://www2.epa.gov/sites/production/files/2013-08/documents/epcra_fact_sheet.pdf
► Electronic Code of Federal Regulations – 40 CFR 355-372
▪ http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40tab_02.tpl
TOXIC SUBSTANCES CONTROL ACT (TSCA) –
Premanufacture Notice
► This section briefly touches on a few areas of TSCA of
potential interest to manufacturers:
► Mandated by section 5 of the TSCA, EPA's New Chemicals
program helps manage the potential risk to human health and
the environment from chemicals new to the marketplace. The
program functions as a "gatekeeper" that can identify
conditions, up to and including a ban on production, to be
placed on the use of a new chemical before it is entered into
commerce.
► Section 5 of TSCA requires anyone who plans to manufacture
(including import) a new chemical substance for a nonexempt commercial purpose to provide EPA with notice
before initiating the activity. This premanufacture notice, or
PMN, must be submitted at least 90 days prior to the
manufacture of the chemical. A PMN includes information
such as specific chemical identity, use, anticipated
production volume, exposure and release information, and
existing available test data.
TSCA – Chemical Data Reporting (CDR)
► Next CDR Reporting in 2016
▪ The submission period for the 2016 CDR will be from June 1,
2016, to September 30, 2016.
▪ The CDR rule requires manufacturers, including importers of
certain chemical substances included on the TSCA Chemical
Substance Inventory, to report information on chemicals
manufactured (including imported) in volumes of 25,000 lbs. or
more at their site during any calendar year since 2011.
▪ Manufacturers (including importers) need to report production
volume information for calendar years 2012, 2013, 2014, and
2015. While submitters will not report to EPA until 2016, they
should start keeping track of their production volumes for these
four years.
▪ For the 2016 CDR, the principal reporting year will be calendar
year 2015. Full manufacturing, processing, and use information
will be required only for 2015.
TSCA - Chemical Data Reporting
► Below are the requirements for the 2016 CDR:
▪ Manufacturers (including importers) will be required to report
if, for any calendar year since 2011, a chemical substance
was manufactured (including imported) at a site in production
volumes of 25,000 lbs. or greater.
▪ The reporting threshold for processing and use information
will be 25,000 lbs. Note: This is lower than the 100,000 lb
threshold for processing and use information required for the
2012 CDR.
▪ The reporting threshold will be 2,500 lbs. for chemical
substances that are:
o Subject of a rule proposed or promulgated under TSCA
section 5(a)(2), 5(b)(4), or 6
o Subject of an order issued under TSCA section 5(e) or 5(f)
o Subject of relief that has been granted under a civil action
under TSCA section 5 or 7
TSCA - Polychlorinated Biphenyls (PCBs)
► PCBs belong to a broad family of man-made organic
chemicals known as chlorinated hydrocarbons. PCBs
were domestically manufactured from 1929 until their
manufacture was banned in 1979. They have a range of
toxicity and vary in consistency from thin, light-colored
liquids to yellow or black waxy solids.
► Due to their non-flammability, chemical stability, high
boiling point, and electrical insulating properties, PCBs
were used in hundreds of industrial and commercial
applications including electrical, heat transfer, and
hydraulic equipment; as plasticizers in paints, plastics,
and rubber products; in pigments, dyes, and carbonless
copy paper; and many other industrial applications.
TSCA - Polychlorinated Biphenyls
► PCBs may be present in products and materials produced
before the 1979 PCB ban. Example products that may
contain PCBs include:
▪ Transformers and capacitors
▪ Other electrical equipment including voltage regulators,
switches, bushings, and electromagnets
▪ Oil used in motors and hydraulic systems
▪ Old electrical devices or appliances containing PCB
capacitors
▪ Fluorescent light ballasts
▪ Cable insulation
▪ Oil-based paint
▪ Caulking
TSCA - Polychlorinated Biphenyls
► Authorized Uses of PCBs are described in 40 Code of
Federal Regulations Part 761.30. The authorized uses also
provide various requirements (e.g. various inspections
and recordkeeping)
► Marking Requirements for PCBs and PCB Items
▪ Each of the following PCB Items must be marked with the
mark ML: (1) PCB containers; (2) PCB Transformers; (3)
Large High-Voltage Capacitors; (4) Large Low-Voltage
Capacitors; (5) PCB Large Low Voltage Capacitors at the time
of removal from use; (6) Electric motors using PCB coolants;
(7) Hydraulic systems; (8) Heat transfer systems; (9) PCB
Article Containers containing articles or equipment; (10) Each
storage area used to store PCBs and PCB Items for disposal.
TSCA - Polychlorinated Biphenyls
► Example requirements for managing PCBs include:
▪ Locate and identify all PCB-containing items at the facility
▪ Notification of PCB waste activity (EPA Form 7710-53)
▪ Mark the PCB transformers and PCB capacitors according to
requirements at 40 CFR 761.40 and coordinate with local fire
departments
▪ Register PCB transformers as required by 40 CFR 761.30
▪ Conduct the required inspections and maintain records of the
inspections and follow-up actions performed
▪ Properly store and dispose of PCB waste in accordance with
requirements at 40 CFR 761, Subpart D
▪ Complete required records (e.g. annual document log)
consistent with requirements at 40 CFR 761.180
TSCA – References
► TSCA - New Chemical Use
▪ http://www.epa.gov/oppt/newchems/index.htm
► TSCA - Chemical Data Reporting EPA Website
▪ http://www.epa.gov/cdr/tools/
► TSCA – Polychlorinated Biphenyls
▪ http://www.epa.gov/epawaste/hazard/tsd/pcbs/
Summary
► Regulations affecting Manufacturing Companies in United
States are complex.
► We hope that this brief overview of the waste management
and selected other regulatory programs has been of
interest and helpful to your business.
Questions?
► Paul W. Tomiczek III
▪ Phone: 412-249-3181
▪ Email: [email protected]
► Dave Larson
▪ Phone: 412-429-2324
▪ Email: [email protected]
THANK YOU!