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

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

Outline Regulatory Programs Lessons Learned Audit Process

UIC Underground Injection Control

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

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.

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

UIC Underground Injection Control

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

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

SPCC Spill Prevention Control and Countermeasures Oil pollution prevention

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

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

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

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

SPCC Spill Prevention Control and Countermeasures Hydraulic reservoirs Transformers

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

SPCC Spill Prevention Control and Countermeasures Prevention Emergency procedures Release prediction

SPCC Spill Prevention Control and Countermeasures Countermeasures Emergency response Spill kit

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

PBS Petroleum Bulk Storage State and Federal Rule Delegated to NYSDEC 6 NYCRR Parts 612-614

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

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

PBS Petroleum Bulk Storage Compliance Requirements Color coding of fill ports

PBS Petroleum Bulk Storage Compliance Requirements Gauges

PBS Petroleum Bulk Storage Compliance Requirements Tank ID labeling

PBS Petroleum Bulk Storage Compliance Requirements Aboveground tanks Secondary containment

PBS Petroleum Bulk Storage Compliance Requirements Inventory monitoring and records

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

PBS Petroleum Bulk Storage Compliance Requirements USTs Sump maintenance

CBS Chemical Bulk Storage State rule 6 NYCRR Parts 595 599 Regulation of hazardous substances

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

CBS Chemical Bulk Storage Types of hazardous substances Antifreeze Solvents

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

CBS Chemical Bulk Storage Compliance Secondary containment

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

CBS Chemical Bulk Storage Compliance Transfer area containment

SPDES State Pollutant Discharge Elimination System 40 CFR 122.26 6 NYCRR 700-705

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

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

RCRA Resource Conservation and Recovery Act NYCRR Parts 370-376 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

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

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

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

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

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

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

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

RCRA Resource Conservation and Accumulation times Recovery Act

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

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

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

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.

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

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

CERCLA Waste responsibility Generate Disposal

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

Outline Regulatory Programs Lessons Learned Audit Process

Lessons Learned Real life audit experiences Where does this go?

UIC Here.. Or here.

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

Common Tank Labeling

PBS Petroleum Bulk Storage Compliance requirements Tank ID Labeling

PBS Petroleum Bulk Storage Compliance Requirements Color coding of fill ports

PBS Petroleum Bulk Storage Compliance Requirements Gauges

PBS Petroleum Bulk Storage Compliance Requirements USTs Sump maintenance

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

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

Surplus Paint

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

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

Outline Regulatory Programs Lessons Learned Audit Process

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

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

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

QUIZ!!

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

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

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

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

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

Extra Credit Environmental Regulations are Fun? True or False

For More Information Please Contact: Barton & Loguidice, P.C. John Benson jbenson@bartonandloguidice.com Or David Hanny, CPESC,CPSWQ, LEED AP dhanny@bartonandloguidice.com