John Benson David Hanny Barton & Loguidice, P.C.

Transcription

1 John Benson David Hanny Barton & Loguidice, P.C.

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3 Environmental Regulations: An Alphabet Soup AAI UIC RCRA SPCC SPDES RMP CERCLA PBS CBS CAA CWA SPILLS DEC EPA OSHA

4 Outline Regulatory Programs Lessons Learned Audit Process

5 UIC Underground Injection Control

6 UIC Underground Injection Control 40 CFR 144 Prohibition of movement of fluid into underground sources of drinking water (144.12)

7 UIC Underground Injection Control Definition: Injection well as any bored, drilled or a driven shaft or a dug hole, where the depth is greater than the largest surface dimension that is used to discharge fluids underground.

8 UIC Underground Injection Control What does this have to do with a Highway Garage?

9 UIC Underground Injection Control

10 UIC Underground Injection Control

11 UIC Underground Injection Control

12 UIC Underground Injection Control What to do? Notify the State or EPA UIC Program 30 days prior to closure

13 UIC Underground Injection Control What to do? Permanently plug or otherwise close the well Dispose of impacted soil, sludge

14 SPCC Spill Prevention Control and Countermeasures Oil pollution prevention

15 SPCC Spill Prevention Control and Countermeasures Rule 40 CFR 112 Prevention of the release of oil to the waters of the United States

16 SPCC Spill Prevention Control and Countermeasures SPCC plan required for facilities Aboveground storage capacity greater than 1,320 gallons

17 SPCC Spill Prevention Control and Countermeasures Underground storage capacity greater than 42,000 gallons

18 SPCC Spill Prevention Control and Countermeasures Oil of any kind 55-gallon container or greater Bulk storage tanks Drums

19 SPCC Spill Prevention Control and Countermeasures Hydraulic reservoirs Transformers

20 SPCC Spill Prevention Control and Prevention Site mapping Containment for bulk storage Countermeasures

21 SPCC Spill Prevention Control and Countermeasures Prevention Emergency procedures Release prediction

22 SPCC Spill Prevention Control and Countermeasures Countermeasures Emergency response Spill kit

23 SPCC Spill Prevention Control and Federal rule Countermeasures Revised several times during past 4 years Presently: Amend and update all SPCC plans by November 10, 2011

24 PBS Petroleum Bulk Storage State and Federal Rule Delegated to NYSDEC 6 NYCRR Parts

25 PBS Petroleum Bulk Storage Registration of all bulk storage tanks 1,100 gallons or greater Waste oil any size Petroleum Originally only fuel and engine lubricant Now all oils

26 PBS Petroleum Bulk Storage Compliance Requirements Code compliance NFPA 30 New York fire code

27 PBS Petroleum Bulk Storage Compliance Requirements Color coding of fill ports

28 PBS Petroleum Bulk Storage Compliance Requirements Gauges

29 PBS Petroleum Bulk Storage Compliance Requirements Tank ID labeling

30 PBS Petroleum Bulk Storage Compliance Requirements Aboveground tanks Secondary containment

31 PBS Petroleum Bulk Storage Compliance Requirements Inventory monitoring and records

32 PBS Petroleum Bulk Storage Compliance Requirements Underground Storage Tanks (USTs) Tightness testing Double wall tanks Labels Leak detection

33 PBS Petroleum Bulk Storage Compliance Requirements USTs Sump maintenance

34 CBS Chemical Bulk Storage State rule 6 NYCRR Parts Regulation of hazardous substances

35 CBS Chemical Bulk Storage Applicability ASTs > 185 gallons USTs any size Non-stationary tanks 2,200 lbs For more than 90 days

36 CBS Chemical Bulk Storage Types of hazardous substances Antifreeze Solvents

37 CBS Chemical Bulk Storage Compliance Registration Storage containers Code compliant Similar issues with PBS Secondary containment

38 CBS Chemical Bulk Storage Compliance Secondary containment

39 CBS Chemical Bulk Storage Compliance Spill Prevention Report SPCC for chemicals Transfer area containment

40 CBS Chemical Bulk Storage Compliance Transfer area containment

41 SPDES State Pollutant Discharge Elimination System 40 CFR NYCRR

42 SPDES State Pollutant Discharge Elimination System New York State Control of wastewater and stormwater discharges Point Discharge Remember those floor drains Non-Point Discharge Stormwater covered by MS4 permit

43 SPDES State Pollutant Discharge Elimination System But what about Vehicle Washing?

44 RCRA Resource Conservation and Recovery Act NYCRR Parts Disposal of solid and hazardous waste RCRA Subtitle C - Hazardous Wastes Can be liquids,solids,contained gases, or sludges Discarded commercial products Cleaning fluids Pesticides

45 RCRA Resource Conservation and Recovery Act Typical wastes from highway garages Paints lead based Solvents

46 RCRA Resource Conservation and Recovery Act Degree of regulation depends on quantity generated Large quantity Generate > 2,200 lbs/month

47 RCRA Resource Conservation and Recovery Act Degree of regulation depends on quantity generated Small quantity Generate more than 220 lbs/mo but less than 2,200 lbs/mo

48 RCRA Resource Conservation and Recovery Act Degree of regulation depends on quantity generated Conditionally exempt Generate less than 220 lbs/mo and accumulate less than 2,200 lbs

49 RCRA Resource Conservation and Recovery Act Degree of regulation depends on quantity generated Conditionally exempt Generate less than 220 lbs/mo and accumulate less than 2,200 lbs THIS IS WHERE YOU WANT TO BE

50 RCRA Resource Conservation and Recovery Act Manifesting Records of shipment Cradle to grave Use of permitted haulers TSDF

51 RCRA Resource Conservation and Recovery Act Typical compliance issues Storage areas Labeling Accumulation times

52 RCRA Resource Conservation and Accumulation times Recovery Act

53 RCRA Resource Conservation and Recovery Act Universal wastes Batteries Pesticides Mercury containing equipment Lamps

54 Air Programs Clean Air Act Title V facility permit 1990s 6 NYCRR Part 201 Typically does not apply to highway garage operations.

55 Air Programs Typical operations Paint booth Welding hoods Waste oil heaters Tank systems Wastewater Treatment Plants

56 Air Programs Waste oil heaters other combustion Exempt if: Maximum rated heat input capacity less than 10 million Btu/hr. This exemption includes unit space heaters, which burn waste oil.

57 Air Programs Risk management plans Municipal facilities Water treatment Wastewater treatment CHLORINE

58 CERCLA Comprehensive Environmental Response Compensation and Liability Act Importance for highway facilities Permanent responsibility for wastes

59 CERCLA Waste responsibility Generate Disposal

60 FIFRA Federal Insecticide, Fungicide and Rodenticide Act Controls the registration, labeling, packaging, application, and the management and disposal of pesticide containers

61 Outline Regulatory Programs Lessons Learned Audit Process

62 Lessons Learned Real life audit experiences Where does this go?

63 UIC Here.. Or here.

64 Common PBS Violations No as-built drawings for underground storage tanks No permanent tank labels at fill ports Fluid in sumps Color coded fill ports No SPCC Plan Inventory records

65 Common Tank Labeling

66 Common Tank Labeling

67 PBS Petroleum Bulk Storage Compliance requirements Tank ID Labeling

68 PBS Petroleum Bulk Storage Compliance Requirements Color coding of fill ports

69 PBS Petroleum Bulk Storage Compliance Requirements Gauges

70 PBS Petroleum Bulk Storage Compliance Requirements USTs Sump maintenance

71 Sample PBS Violations Violation Average Penalty Failure to register $1,000 Tanks not permanently closed $2,000/tank Spill in fill port sump $5,000 Fill port not color coded $100/fill port No secondary containment $10,000/tank Monthly inspection reports not maintained $250/tank No as-built plans $1,000

72 Past Experiences with RCRA Herbicides County purchased herbicides for roadside vegetation control The herbicides were improperly inventoried and stored

73 Surplus Paint

74 Lead Paint County obtained several hundred 5 gallon pails of surplus Navy paint The paint was applied to bridges and equipment

75 Lead Paint Use of the paint was discontinued with several pails left over The paint was stored in a locked container for several years Exceeded accumulation times Large Quantity Generator of Hazardous Waste

76 Outline Regulatory Programs Lessons Learned Audit Process

77 Compliance Why bother Costs $$ Don t have time No one bothers us We are a municipality

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80 Audit 101 Why Audit? Pollution Prevention Environmental benefit Compliance with the law Prevent penalties

81 EPA Audit Program EPA s Self Disclosure Audit Policy Incentives Elimination of EPA penalties Substantial $$ Savings No criminal prosecution No routine requests for audit reports

82 QUIZ!!

83 QUIZ Underground Injection Control refers to a set of regulations that apply to what common installation found at a highway garage?

84 QUIZ An SPCC plan is required to cover highway garages with aboveground oil storage in excess of how many gallons?

85 QUIZ PBS regulations do not require color coded fill ports for tanks. TRUE or FALSE

86 QUIZ An air permit may be required for a highway garage operating: a. Large waste oil burner b. Acetylene torches c. Bathroom vents d. Vehicle Lift

87 QUIZ What agency has notified municipal highway garages of an ongoing enforcement initiative?

88 Extra Credit Environmental Regulations are Fun? True or False

89 For More Information Please Contact: Barton & Loguidice, P.C. John Benson Or David Hanny, CPESC,CPSWQ, LEED AP