Workshop L Environmental Regulations Compliance 101 How Best to - - PDF document

Workshop L

Environmental Regulations Compliance 101 … How Best to Meet the Regs Impacting Your Daily Job

Tuesday, March 27, 2018 11:15 a.m. to 12:30 p.m.

Biographical Information

Rajib Sinha, P.E., Senior Engineer/Project Manager Trihydro Corporation, 2702 Kemper Road, Cincinnati, OH 45241 513.429.7456 (O) (513) 604-8940 (Cell) Fax: 513.782.4807 RSinha@Trihydro.com

• Mr. Sinha is a Chemical Engineer and Project Manager with over 25 years of experience in Environmental

Consulting and Engineering. Mr. Sinha has provided a wide array of services to industry for compliance with various laws. For eight years, Mr. Sinha led a team of engineers, geologists, scientists, and administrative staff that provided environmental compliance, safety, and Industrial Hygiene services to commercial facilities and governmental clients. This includes projects conducted under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); Resource Conservation and Recovery Act (RCRA); Superfund Amendments and Reauthorization Act (SARA); Bureau of Underground Storage Tank Regulations (BUSTR). Mr. Sinha has designed and implemented several systems for treating contaminated groundwater and industrial wastewater and assisted several clients in complying with provisions of the National Pollutant Discharge Elimination System (NPDES) under the Clean Water Act (CWA). He has coordinated his work activity with various disciplines and clients.

• Mr. Sinha has also served as the Project Leader for research projects at the U.S. Environmental Protection

Agency (USEPA) Test & Evaluation (T&E) Facility in Cincinnati, OH. He directs research related to providing safe drinking water with a particular emphasis on systems serving small communities without access to public drinking water systems. Other current projects include development of innovative retrofit devices for stormwater management and watershed management research. Mr. Sinha also develops and manages third-party commercial projects at the T&E Facility.

• Mr. Sinha has made numerous presentations in conferences as well as published papers in peer-reviewed

journals.

• Mr. Sinha holds a Bachelor of Technology in Chemical Engineering (Jadavpur University), Master of Science in

Chemical Engineering (University of Southern California), and a Master of Business Administration (University of Cincinnati).

Kris Singleton, Corporate Environmental Engineer SunCoke Energy, Inc., 3353 Yankee Rd., Middletown, OH 513.727.5518 Fax: 513-727-5508 kesingleton@suncoke.com

• Ms. Singleton has over 25 years of experience in regulatory compliance including environmental, safety and

quality management. Ms. Singleton started her career as a project engineer with an environmental and engineering consulting firm in southwest Ohio, gaining experience with air and water permitting as well as environmental compliance plan preparation (SPCC, storm water, hazardous waste management, etc.). Ms. Singleton then moved into the chemical manufacturing industry, progressing from Environmental Engineer to Manager of Quality Assurance and Regulatory Compliance working for several chemical manufacturing companies in West Virginia and Ohio. Experiences included wastewater treatment unit operations, air emissions reporting, leak detection and repair programs, Title V compliance, Continuous Emissions Monitoring Systems (CEMS), and environmental and quality management systems (ISO 14001 & 9001). In 2008, Ms. Singleton joined Dayton Power and Light as Environmental, Health and Safety Engineer responsible for environmental and safety compliance at several coal and natural gas electric generation stations.

• Ms. Singleton joined SunCoke Energy in 2013 as Environmental Manager for their Middletown, Ohio facility which

manufactures metallurgical coke for the steel industry and also produces power using heat recovery steam

• generators. Currently, Ms. Singleton serves as SunCoke’s Corporate Environmental Engineer where she

supports environmental operations at SunCoke’s manufacturing facilities in the U.S. and helps lead corporate environmental initiatives.

• Ms. Singleton holds a Bachelor of Science degree in Chemical Engineering from the University of Dayton in

Dayton, Ohio.

1

Environmental Regulations Compliance 101 … How Best to Meet the Regs Impacting Your Daily Job

Workshop L

2

Your Presenters

Rajib Sinha, P.E. Senior Engineer and Project Manager Trihydro Corporation Cincinnati, Ohio Kris Singleton Corporate Environmental Engineer SunCoke Energy Middletown, OH

3

Course Objectives

• Overview of Major Environmental Regulations
• Applicability Triggers
• State Variations
• Avoid Brain Overload

$97,000 this year for CAA CWA almost $54K RCRA was almost $72K

Title 40 Code of Federal Regulations (CFR) = 1,700 Parts 50 States + Local Regulations

4

Major Environmental Statutes Laws Behind the Regulations

• Clean Air Act (CAA)
• Clean Water Act (CWA)
• Resource Conservation and Recovery Act (RCRA)
• Safe Drinking Water Act (SDWA)
• Emergency Planning, and Community Right‐to‐Know Act

(EPCRA )

• Superfund Amendments and Reauthorization Act (SARA)
• Toxic Substances Control Act (TSCA)
• Comprehensive Environmental Response, Compensation and

Liability Act (CERCLA)

• Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

5

Clean Air Act (CAA) and Clean Air Act Amendments (CAAA)

6

Major Provisions of the Clean Air Act

• National Ambient Air Quality Standards (NAAQS)
• State Implementation Plans (SIP)
• New Source Review (NSR)
• New Source Performance Standards (NSPS)
• National Emission Standards for Hazardous Air Pollutants

(NESHAP)

• Risk Management Program (RMP)
• Protection of Stratospheric Ozone (Refrigerant

Management)

• Title V Operating Programs (Title V)

Clean Air Act

7

Clean Air Act Federal Permit Programs (Title I)

National Ambient Air Quality Standards

Prevention Significant Deterioration

Attainment

New Source Review

Non-Attainment

Criteria Pollutants

• Carbon Monoxide
• Nitrogen Dioxide
• Sulfur Dioxide
• Ozone Precursors

(VOCs + NOx)

• Particulate Matter (PM)
• Lead
• State Implementation

Plans (SIP)

• New Source Review

8

Clean Air Act Federal Pre‐Construction Permit Programs

PSD (Attainment Area) Minor Source

• PTE < 250 TPY (Site Wide)
• PTE < 100 TPY (28 Industries)
• New Source/Modification
• < 100/250 Tons = No PSD

Permit

Major Source

• New Source PSD permit
• Major Modification Triggers

< 15 Tons for PM up to < 100 Tons for CO

No PSD Permit

}

NSR (Non‐Attainment) Area Minor Source

• Generally PTE <100 TPY
• Lower thresholds depending on

NA severity

Extreme – Severe – Serious – Marginal – Moderate

• Modifications can require

permit if significant increase

Synthetic Minor

• Limits on Production
• Hours of Operation

9

Clean Air Act Federal Pollutant Standards (Title I)

• Criteria Pollutants
• New/Modified Industrial Sources
• ~ 90 New Source Standards
• Boilers
• Printing Presses
• Surface Coating Operations
• Kraft Pulp Mills
• Residential Wood Heaters
• Bulk VOC Storage Tanks

New Source Performance Standards

10

Clean Air Act Federal Pollutant Standards (Title III)

• 40 CFR 61 Original HAPs:
• Arsenic
• Mercury
• Radionuclides
• Asbestos
• Vinyl Chloride
• Benzene
• New/Existing Sources
• Size ‐ Capacity ‐Throughput Triggers
• Source Standards. Examples:
• Beryllium Machine Shops
• Benzene at Chemical Plants
• Asbestos Demolition/Renovation

National Emission Standards for Hazardous Air Pollutants

11

Clean Air Act Federal Pollutant Standards (Title III)

• 40 CFR 63 – 1990 CAAA
• ~ 188 HAPs
• Major Source Triggers
• PTE Single HAP > 10 TPY
• PTE Combined HAP > 25 TPY
• ~115 Major HAP Sources
• Surface Coating – Chemical/

Manufacturing/Aerospace

• Area HAP Sources
• Applies to facilities that do not exceed major

source trigger individually.

• Examples: Halogenated Degreasing; Boilers;

RICE

Maximum Achievable Control Technology

12

Clean Air Act Title V Permits

• Site‐Wide Umbrella Permit (All T&Cs in One

Place)

• Identify All Sources Applicable Regulations
• Deviation Reporting ‐ Qtr/Semi‐Annual/Annual
• 5‐Year Renewal
• Permit Triggers
• PTE > major source threshold for any air pollutant
• > 100 TPY “default”
• >10 or 25 TPY for HAP or combined HAPS
• Non‐major sources subject to NSPS or NESHAP
• Acid Rain Sources (Coal Utilities)

Clean Air Act

13

Minor Source Permitting

• Issued by the State
• Must obtain permit prior to construction
• Some exceptions to requiring a permit:
• De minimis examples – 10 lbs/day, less than 1 TPY

HAP in Ohio

• Permanent exemption example – heaters and

dryers < 10 mmBtu/hr

• Source Specific Operating Agreements (SSOAs) ‐

Indiana

State requirements can vary widely!

Clean Air Act

14

State Air Permits

Differences

OH KY IN

Title V Permit (Authority) Registration Synthetic Minor (FESOP) Permit by Rule (PBR) Air Toxics Program Permit to Install/Operate (PTIO) General Permits State Origin/Operating Permit Source Specific/Minor Source Permit Letter of Exemption Trivial Activities/Exemptions PTE Based Exemptions

< 10 Lb/Day < 1 TPY HAPs < 10 TPY < 2 TPY single HAP < 5 TPY Combo HAP Range Table

15

Clean Air Act Checklist

• Maintain Accurate Emission Inventories
• Understand Federal/State NSR Programs (PTE)
• Attainment Area Designations
• Review State Permitting Exemptions
• Review All Facility Changes in Advance
• De‐bottlenecking/Design Changes
• Replacement in Kind
• Comment Draft Permits
• Understand Permit T&Cs

Clean Air Act

16

Clean Air Act Protection of Stratospheric Ozone (refrigerants)

• Rules originally regulated Class I and Class II Ozone

Depleting Substances (ODS)

• Phasing out Production/Import/Export
• CFCs & HCFCs: Halon – CCl4 – Methyl Bromide
• November 2016 rule extends to non‐ODS

refrigerants (phased in between 2017‐2019)

• Repair/Maintenance Equipment
• Certified Technician Needed
• Intentional Venting Prohibited
• Recycling Mandatory
• Refrigeration Systems > 50 lbs. refrigerant
• Leak Repair Records (Leak Rate Calculations)

Clean Air Act

17

Clean Air Act Accidental Release Prevention (RMP)

• Similar to OSHA PSM – Off‐site vs On‐site
• Store/Process Chemicals > Threshold Qty.
• TQ Toxics = 500 lbs. – 20,000 lbs.
• TQ Flammable = 10,000 lbs.
• 3 Levels of Plan Regulation (Level 1 ‐ 2 ‐ 3)
• Worst Case Release Analysis
• Compile 5‐Year Accident History
• Submit RMP Agency + Public Document
• General Duty Clause (Any RMP Chemical)

Clean Air Act

18

Case Study #1 Failure to Obtain an Air Permit

• Existing Permitted Pigment Filter
• Identical Filter Installed = Sales Increase
• Production Assumed Like Sources Covered
• HS&E Notified 3 Days Before Start Up
• No Air Permit Obtained
• New Filter Could Not Be Operated
• Air Permit Issued 1 Year Later
• $250,000 Lost Sales

Clean Air Act

19

Case Study #2 Failure to Follow Permit Conditions

• 1. Scrubber on a Solvent Recovery Column
• Permit Required Minimum Pump Flow Rates
• 2. Low Flow Monitors Constantly Alarmed
• Production Reset Alarm Set Points
• Did Not Investigate the Cause of the Alarms
• 3. Manufacturing Process Dust Collector
• Permit Required Daily Pressure Drop Reading
• Numerous Missed Readings Over Two Years

Agency Levied $100,000 Penalty

Clean Air Act

20

Resource Conservation and Recovery Act (RCRA)

21

Hazardous Waste Regulations

• Generation
• Treatment
• Storage
• Disposal
• Transportation
• Recycling
• Reclamation
• Import/Export

Resource Conservation Recovery Act

PERMIT

Surface Impoundments Landfills Storage

22

Hazardous Wastes (Specifically Listed)

Wastes Generated by Generic (F‐listed) or Specific (K‐

listed) Industrial or Manufacturing Processes

Spent Solvent Wastes – Degreasing (F003)

• Xylene
• Acetone
• Methanol
• Ethyl Acetate
• Ethyl Benzene
• Ethyl Ether
• n-Butyl Alcohol
• Cyclohexanone
• Methyl Isobutyl Ketone

Off Specification/Discarded Acute (P‐listed) or Toxic

(U‐listed) Chemical Products

Spent Solvent Wastes – Degreasing (F003)

• Commercial Products - Pure/Technical Grade
• Formulations - Sole Active Ingredient
• “Unused” - Not Manufactured Article

23

Characteristic Hazardous Wastes (4 Properties)

• Flash Point < 140oF
• DOT Oxidizers (5.1)
• DOT Gases (2)
• Non‐liquid that Causes Fires

Through:

• Friction
• Moisture Absorption
• Spontaneous Chemical

Changes

• Reactive Cyanides + Sulfides
• Explosives/Shock Sensitive
• Detonation if Heated

Under Confinement Reactive (D003)

• Corrodes Steel

– ≥ ¼ Inch/Year

• pH ≤ 2.0 or ≥ 12.5

Corrosive (D002) Ignitable (D001)

24

Characteristic Hazardous Wastes (Toxic D004 – D043)

• 40 Specific Chemicals
• Solvent/Organic Chemicals
• Heavy Metals
• Pesticides
• Failed TCLP Concentrations Test
• Simulates Migration of Chemicals in a Landfill

that Could Impact Groundwater

25

Hazardous Waste Exclusions

• Household Wastes
• Domestic Sewage
• Industrial Wastewater
• Nuclear Wastes
• Analytical Samples
• Flyash/Kiln Dust
• Spent Materials

(Recycled)

• Scrap Metal
• Solvent Rags (Laundered)
• Closed‐Looped Systems
• Ingredient Substitutes
• Product Substitutes
• Batteries (Special Case)
• Lamps (Special Case)
• E‐Waste (Special Case)

No Fuel/Land Application

26

Hazardous Waste Generator Types

• Large Quantity Generator (LQG)
• >2,200 lbs./Month
• >2.2 lbs./Month Acute Hazardous
• Small Quantity Generator (SQG)
• 220 lbs. > per Month < 2,200 lbs.
• 13,200 lbs. Maximum on Site
• Conditionally Exempt SQG (CESQG)

Now “Very Small Quantity Generator”

• < 220 lbs. per Month
• < 2.2 lbs. Acute Hazardous (P) Waste
• 2,200 lbs. Maximum on Site

Episodic Generator (Multiple Status Different Months)

Highly Regulated Slightly Regulated ½ Drum Quart

27

Hazardous Waste Generator Requirements

LQG SQG CESQG

Waste Determination DOT Shipping Requirements On Site Storage

90 Days 180/270 Days < 13,200 Lbs Max < 2,200 Lbs

Container/Tank Marking & Labeling

A Not Required

Weekly Accumulation Area Inspections

Not Required

EPA ID Number

Optional

Formal Written Training Program

Not Required (Awareness) Not Required

Contingency Plan

Not Required Not Required

Bi‐Annual Waste Report

Not Required Not Required

28

RCRA State Differences

• Ohio
• LQG Any Month Must file biennial report
• File report every other year (due in even years)
• Kentucky
• LQG + SQG File Annual Generator Report
• Annual Generator Registration
• Fee for Waste Streams
• Indiana
• SQG File Annual Manifest Report
• LGQ Biennial HW Report or Annual Manifest Report

RCRA

29

Universal Wastes Regulations

• Typically Hazardous Wastes
• Relaxed Regulations if Recycled
• Fluorescent Lamps

(Crushing = Treatment H.W.)

• Lead‐Acid/Ni‐Cad Batteries
• Mercury‐Containing Equipment
• Recalled Pesticides
• Dated + Marked
• “Universal Waste” or “Used” or “Waste” + Type
• Managed Prevent Leaks = Closed Box
• 1 Year Storage
• Training = Handling + Spill Response

30

Used Oil Regulations

• Used Oil (Lubrication)
• Refined from Crude/Synthetic
• Used or Contaminated from Use
• < 1,000 ppm Halogens
• No Hazardous Waste Mixtures
• Mark Containers/Tanks “Used Oil”
• Managed In Drums/Tanks
• No Severe Rust/Structural Defects
• No Visible Leaks (Lids Closed)
• No Exposure to Rainwater

Must be Recycled

31

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

32

Hazardous Substances “Superfund” Regulations

• Clean Up Abandoned

Hazardous Waste Sites

• Superfund Tax
• Chemical/Petroleum
• Corporations
• Potential Responsible Parties

(PRP) = Deep Pockets

• Present/Past Owners
• Any Business

Comprehensive Environmental Response Compensation Liability Act

33

Hazardous Substances ”Superfund” Regulations

• Preventing Future Contamination
• Reportable Quantities (RQ) Hazardous Substances
• Petroleum Products Excluded
• Sheen, Discoloration on Surface Water
• Releases to the Environment > RQ (24 Hour)
• NRC Agency Notification (ASAP)
• Notice to SERC/LEPC
• Allowable Federal Permits > RQ
• NSPS, MACT, NESHAP, PSD, NSR Exempt
• One Time Agency Notification (NRC/SERC/LEPC/EPA)

34

Clean Water Act (CWA)

35

Clean Water Act Permit Programs

• Point Source Discharge to

Waters of U.S. – NPDES Permit

• Industrial Wastewater
• Storm Water
• 401(State) + 404 Permits (COA)
• Bridges/Dikes/Dams/Weirs
• Wetland Dredging
• Widening Waterways
• Road Construction

National Pollutant Discharge Elimination System

36

Clean Water Act Publicly Owned Treatment Works (POTW)

• Local Discharge Permit
• Permitting Process Varies by POTW
• Sanitary Typically Exempted
• Anything Causing Pass‐Through Prohibited
• pH < 5.0 + Fires & Explosions + < 104oF
• Oil & Grease
• Categorical Pretreatment Standards
• Effluent Limits for Targeted Industries
• Wastewater Pretreated Prior to Discharge

37

Clean Water Act General Storm Water Permit (3 Triggers)

• 1. Designated Industry (SIC/NAICS)
• 2. Point Source Discharge
• Waters of the U.S. or State
• Municipal Storm Water System
• Combined Sewers Exempted
• 3. Industrial Activities (Exposed to Storm

Water)

• Outside Storage Products/RM/Spare Parts
• Loading/Unloading Areas/Docks
• Excludes Office Buildings/Employee Parking

38

Clean Water Act Storm Water Permit Options

• Individual Permit
• General Permit
• Notice of Intent (NOI) – State Approval
• Pollution Prevention Plan Required (SWPPP)
• Best Management Practices
• Pollution Prevention Team
• Training
• Inspections/Recordkeeping
• Certification of No Exposure

39

Storm Water Construction Permit

• Project Disturbs > 1 Acre of Land (Formerly 5)
• Removal of Vegetative Cover (Sod/Scrubs/Trees)
• Excavating/Filling/Grading/Surface Changes
• Except = No Soil Disturbance
• Project Splitting Prohibited
• Erosion Plan + SWP3
• Project + Post BMPs Required
• NOT When Project is Complete
• Maintenance Activities Exempt (Limited)

Clean Water Act

40

Spill Prevention, Control Countermeasures Plan (SPCC)

• Prevent Oil Spills Waters U.S
• Implemented 1974
• Major Rule Change 2002
• Several Revisions (11‐10‐11)
• Not Submitted to EPA
• 1,000 Gallon Spill
• > (2) – 42 Gallon Spills
• PE Certified (Unless

Qualified)

• 6 Months Material Change
• 5 Year Review
• Integrity Testing
• Containers/Tanks
• Visual Inspections
• 2nd Containment Systems
• Bulk Containers/Tanks
• Mobile/Portable/Re‐fuelers
• Racks/Loading/Unloading
• Annual Training
• Security/Fencing/Lighting
• Facility Response Plan (FRP)
• 42,000 Gallons + Water

Transfer

• > 1 Million Gallons + Not

Contained

• Close to Drinking Water

Intake/ Wetlands/Sensitive Areas

• Spill > 10,000 Gallons/5 Years

1989 11 Million Gallons Oil

41

SPCC Common Oil Types

Petroleum‐Based + Plant/Animal/Fruit/Vegetable Oils

• Gasoline
• Diesel Fuel
• Kerosene
• Used Oil/Water
• Petroleum Distillates
• Cutting Fluids
• Lubricants
• Gear Lube
• Adhesives
• Sealants
• Pastes
• Grease
• Butter
• Corn Oil
• Soy Oil
• Peanut Oil
• Palm Oil

Anything With “Oil‐Like” Properties

• Liquid/Solid/Waste – No List of Chemicals
• Causes a Film or Sheen On Water
• Sludge/Emulsion Beneath the Surface
• Violates Water Quality Standard (CWA)

42

SPCC Applicability (3 Applicability Triggers)

• 1. Bulk Container Oil Capacity
• Drums/Tanks
• Machinery/Lifts
• Mobile Re‐Fuelers
• Pipelines
• Electrical Equipment
• Emergency Generators
• Processing Equipment
• Elevators
• 2. Capacity ≥ 55 Gallons
• Aboveground > 1,320 Gallons
• Underground > 42,000 Gallons
• 3. Design Capacity vs. Working Capacity
• Except Integral Components

24 @ 55 Gallon

43

SPCC Applicability (3 Applicability Triggers)

• 1. Exemptions
• Waste Water Treatment (Except Oil/Water Separators)
• State Regulated USTs (Completely Buried versus 10%)
• Permanently Closed Tanks
• Empty‐Lines Cut/Blanked‐Valves Locked‐Date Closed
• Motive Power Tanks (Fuel Tanks on Vehicles/Equipment)
• 2. Reasonable Expectation – Discharge Water
• No Expectation (Except Desert)
• Man‐Made Structures
• POTW Discharge
• 3. Non‐Transportation Facility (DOT Regulated)

44

Superfund Amendments and Reauthorization Act (SARA)

45

Hazardous Substances SARA Regulations

SARA 302

• Storage of EHS >

Threshold Planning Quantity (TPQ)

• One‐Time Notification

LEPC

• Identify Emergency

Response Coordinator SARA 304

• Similar to CERCLA RQ

Rules But Adds EHS

• EHS/HS Release Reporting
• > RQ Beyond Boundaries
• Notifications

(Immediately)

• /NRC/SERC/LEPC
• Follow up Report
• SERC + LEPC

Community “RIGHT TO KNOW” Regulations

46

Release Reporting State Differences

OH KY IN

Reporting Time 30 Minutes Immediately ASAP Up to 2 Hours Reporting Agencies OEPA Office of Emergency Response Fire Department LEPC Environmental Response Team Department of Environmental Management, Office of Land Quality, Emergency Response Section Spills Soil or Land Offsite 25 Gallons Oils 25 Gallons Oils 75 Gallon Diesel 55 Gallons Oils Spills to Containment Systems Reportable? No – Must Leave the Property Yes HS or EHS 100 Pounds or > RQ Follow Up Spill Reporting 30 Days 30 Days If Requested

47

Hazardous Substances SARA 311/312 Regulations

OSHA Hazardous Chemicals (Matches GHS Categories)

48

Hazardous Substances SARA 311/312 Regulations (Tier I +II Reports)

Tier I Report

• Submit List or MSDS to:

LEPC/SERC/Fire Dept.

• OSHA HC + EHS > Thresholds
• Mixtures > 1.0%
• Carcinogens > 0.1%
• One Time Submission ‐ 90

Days

• New Chemicals ‐ 90 Days
• Public Request

Tier II Report

• Annual Inventory Report
• Mixture or Components
• Location of Chemicals
• Storage Conditions
• Maximum/Average Lbs.
• Days On Site
• Fees In Ohio

Subject to SARA 311 and 312 OSHA HC > 10,000 Lbs. EHS < 500

• Lbs. or TPQ

(Lowest)

49

Hazardous Substances SARA 313 Regulations (TRI Form R)

• Annual Toxic Release Report

(TRI Form R)

• 10 Employees = 20,000

Hrs/Year

• Covered SIC/NAICS Code
• Use TRI Chemicals >

Thresholds

• Manufacture/Process/Import

> 25,000 Lbs.

• Otherwise Use > 10,000 Lbs.
• Persistent Bioaccumulative

Toxics (PBTs)

• 100 Lbs. – 0.1 Grams
• Exceptions
• Structural Component
• Janitorial/Maintenance
• Drugs, Foods (FDA)
• Vehicle Maintenance
• Laboratory Use
• Well Water
• Articles (No Manufacture)
• Mixtures De‐Minimis
• < 1% ‐ Non Carcinogen
• < 0.1% ‐ Carcinogen
• Except PBT

50

Case Study #3 SARA TRI Reporting

• During 1987 Sodium Sulfate Reportable
• POTW Permit Allowed Sewer Discharge
• POTW Constructed to Treat Industrial Waste
• Surcharge Levied = $1,500,000 Per Year
• Facility = #1 TRI Emitter for 3 Years
• Reported in the Newspapers
• Questions from Neighbors
• Questions from Customers
• By 1992 Sodium Sulfate Removed

SARA

51

Case Study #4 Common Permit Pitfalls (Continued)

• SARA 313 – TRI Report (Form R)
• Plant Underwent Significant Expansion
• TRI Reports Were Not Required Prior To Expansion
• Annual Review Was Completed for TRI
• Review Showed No TRI Submittal Was Required
• Review Failed to Capture Increased Cleaning Chemical

Usage (Nitric Acid)

• Supply Chemicals Are Not Tracked Through Business

Management Computer System

• Self Disclosure Resulted In $10,000 Penalty
• Could Have Been $50,000

SARA

52

Toxic Substances Control Act (TSCA) Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) Safe Drinking Water Act (SDWA)

53

Toxic Substances Regulations

• Manufacture ‐ Use ‐

Distribute Chemicals

• Must Be TSCA Listed
• PMN New Chemicals
• 90‐Day Notification
• Specific Regulations
• Asbestos
• PCB
• Dioxins
• Chromium +6
• Metal Working Fluids

TSCA

Toxic Substances Control Act

54

Toxic Substances Regulations

• Chemical Data Reporting (CDR) (Due June 2016)
• Chemicals Manufactured/Imported (25,000 Lbs.)
• Exemptions:
• Polymers, Microorganisms, Naturally Occurring Chemicals
• Updated Once Every 4 Years
• Significant New Use Rules (SNUR)
• New Use for a Previously List Chemical
• Notification Similar to a PMN
• Records of Significant Adverse Reactions
• Submission of Unpublished Health/Safety Studies
• Export/Import Notification

55

Toxic Substances Polychlorinated Biphenyl's (PCBs)

• Manufacture, Processing, Distribution Prohibited
• Marking & Labeling PCB Classes
• > 500 PPM (PCB)
• 50 PPM ‐ 500 PPM (PCB Contaminated)
• < 50 PPM (Non‐PCB)
• Release Reporting (> 1 Pound)
• Annual Equipment Inventory (> 500 PPM)
• On Site Storage Limit
• 30 Day Maximum + Label Date of Removal
• 1 Year – 2nd Containment
• Manifest + COD+ EPA ID for Disposal

56

Pesticide Regulations

Federal Insecticide Fungicide Rodenticide Act

• Pesticides Broadly Defined
• Kill/Repel/Control Pests
• Control Mold/Algae/Mildew
• Disinfectants /Fumigants
• Registrations + Labeling
• Classified by EPA
• General or Restricted Use
• Application License = RU
• State + Local Licensing
• Waste RCRA Regulated

57

Drinking Water Regulations

Safe Drinking Water Act

• Public Water Systems (PWS)
• 15 Service Connections
• Serves 25 People – 60 Days/Year
• Well/Groundwater Systems
• Cross Connections Identified
• Backflow Preventers
• Installed + Tested Annually
• Lead Solder Prohibited
• Chemical Sampling + Testing
• Turbidity – Organic/Inorganic

Contaminants – Trihalomethanes

Safe Drinking Water Act

58

What Can You Do?

59

What Can You Do?

• Start Reading the Regulations
• Everything is Not in All One Place
• Call the Agency & Ask For Help
• Contact a Regulatory Expert
• Internet Chat Groups
• Agency Web Sites (Guidance Documents)
• Trade Groups
• Environmental Consultant
• Knows Your Industry Specifically
• Broad Based Regulatory Experience
• Assessment vs. Full Blown Audit

60

Your Questions

Rajib Sinha, P.E. Senior Engineer/PM Office Phone: 513‐782‐4835 Cell Phone: 513‐604‐8940 RSinha@Trihydro.com Kris Singleton Corporate Environmental Engineer Office Phone: (513) 727‐5518 KESingleton@Suncoke.com