| Topic | Regulatory Information |
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Highlighted Topic: Burning Process Gases or Fuel Containing Hazardous Waste This boiler is part of the plant's production system. Since
boilers and furnaces emit air exhausts, they will be regulated as
emissions sources under the Clean Air Act. The Vent
& Flare (Stack Emissions) Tour Stop
has more details on the general structure of the Clean Air
Act. In the case of controlling emissions from other unit operations, the boiler or furnace will also need to be evaluated for the monitoring, recordkeeping, and reporting requirements applicable to the other unit. For example, if a reactor emissions stream is vented to a boiler, then Clean Air Act regulations that apply to the reactor may also apply to the boiler. In addition, boilers and industrial furnaces that use or burn fuel containing hazardous waste (e.g., certain types of used oil) will be regulated under RCRA, the Resource Conservation and Recovery Act. RCRA governs the use and disposal of hazardous waste (discussed in more detail at the Maintenance and Cleaning Tour Stop). The specific requirements related to burning fuel containing hazardous waste are found under the Boiler and Industrial Furnace Rule, 40 CFR 266 and 179, and include design and operating standards to control the types and levels of air emissions that occur. For example, certain types of emissions monitoring may be required. Other Regulatory Issues:Boilers may also be subject to state or local safety-related
regulation. Boiler blowdown must be managed as a
wastewater source; and any solid waste generated from boiler or
furnace cleanout will have to be evaluated as hazardous waste. |
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Highlighted Topic: Natural Resource Issues Most of our tour is focused on pollution control. However,
through construction or other land-based activities you might need to
address natural resource issues as well. For example, your
facility might want to expand into a wetlands area. Or it might
(as pictured here) decide to do some dredging and filling work near a
river. Other Regulatory Issues:Dredging and filling of surface water and wetlands. As a general rule, any discharge or placement of fill material from a point source (a bulldozer would be a point source) into any surface water or wetland is prohibited by the CWA unless a permit is issued by the Army Corps of Engineers. Impacts to endangered species covered by the Endangered Species Act. The Act makes it unlawful for any person to "take" an endangered or threatened species of fish or wildlife. A "taking" can include habitat modification which injures or kills members of an endangered species. General land use regulations under state, regional, or local government authority. Land use regulations that affect the site and plant activities need to be met. Plants that are located in environmentally sensitive areas such as coastal zones, floodplains, and prime farmlands may be subject to special land use requirements. Water Acquisition. Direct acquisition and use of surface or groundwater generally requires a permit from a state water resources agency. Remember than any construction activity will be covered by the standard pollution control regulations. For example, you will have to manage stormwater runoff and fugitive emissions from construction activities during the construction process. Among other air pollutants, construction sites often generate significant dust, which is an ambient air quality pollutant under the National Ambient Air Quality Standards (NAAQS) and thus must be managed. In addition, an important issue with construction involves the
Clean Air Act: before you can even start constructing a new
facility (or modifying an existing one), you have to ensure that the
Clean Air Act requirements for new sources will be met once the
facility starts operating. If not, you may have to change your
construction or siting plans. |
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Highlighted Topic: Assessing Wastewater Volumes Cooling towers can be a significant source of wastewater at a chemical plant. The main law governing wastewater discharge is the Clean Water Act (CWA). The Clean Water Act covers discharges of wastewaters from a facility, including discharges either piped to a sewer authority or released directly to a waterway via an "outfall." The Wastewater Treatment Tour Stop a little later on in this tour provides more details on CWA permitting provisions. This stop on the tour will first focus on the importance of evaluating your wastewater volumes. One of the fundamental principles of wastewater regulation is that facility-specific limitations will be based in part on expected wastewater volume flows. Since wastewater can arise from both process and non-process activities, as well as from both ongoing and periodic activities (e.g., cooling tower blowdown), it is important to systematically map out all these potential sources of wastewater before you seek a wastewater discharge permit. Although under normal conditions cooling water will not contact process fluids, the chance of contamination and/or leaks needs to be considered and factored into its management. In addition, cooling water may contain additives to control corrosion, bacteria buildup, etc. Therefore, even in cases when cooling water is considered "non-contact," it still represents a wastewater stream that must be managed. Other Regulatory Issues:Another important wastestream from cooling towers is vapor
discharged to the atmosphere. This vapor might contain volatile
or dispersible components of the fluid being cooled, and must be
reviewed for coverage under the Clean Air Act's regulations covering
hazardous air emissions. |
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Highlighted Topic: Hazardous Waste Generation These workers are cleaning an open process tank. As they do so, they may well be generating hazardous waste. RCRA, the Resource Conservation and Recovery Act, provides
special requirements that cover the generation, storage, handling, and
management of hazardous wastes. RCRA regulations are quite detailed
and stringent, so it is important to fully understand your
responsibilities here. RCRA is a federal law, but may be
implemented by your state environmental agency.
Other Regulatory Issues: Maintenance activities will also likely generate air and/or water
emissions, and so would be regulated by the Clean Air Act and Clean
Water Act. |
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Highlighted Topic: Storage of Hazardous Waste This is the shed where hazardous waste is stored. RCRA provides specific requirements on how to properly handle, label, and store hazardous waste. RCRA also imposes a time limit on how long you can store hazardous waste. In fact, you will need a TSD permit if you plan to store your hazardous waste beyond the established storage time limits (90 days for most generators). Note that there are some tricky rules regarding whether recycling or reclamation of hazardous waste is considered "treatment" requiring a TSD permit. It is therefore very important to be sure any time you are processing secondary materials that you are not unknowingly engaging in TSD activities without a permit. Other Regulatory Issues:Remember that storage areas can be a source of fugitive air
emissions that would need to be counted as part of your overall air
source and managed. |
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Highlighted Topic: Characterizing an Air Emissions Source The main law governing air emissions is the Clean Air Act (CAA). The next tour stop covering Vents & Flares (Stack Emissions) provides a general introduction to the main provisions of the CAA. This stop on the tour will use a heat exchanger to illustrate how to methodically characterize a piece of equipment or unit in order to identify potential air emissions sources. At first glance, a heat exchanger might not seem to be an important air emissions source, since under normal operations there is no contamination between the heat exchange fluid and the process fluid, and the major purpose of the unit is simply to reduce process fluid temperatures. However, there is always the chance that leaks or corrosion will occur, causing either cross-contamination of the fluids or releases to the atmosphere. In addition, any potential venting of the heat exchange gases (e.g., to control pressure) may also release air pollutants. Finally, even non-process oriented activities, such as blowdown of heat exchange water to minimize corrosion, can represent a source of air emissions. In order to best evaluate the types of air regulations that might apply to a given unit operation, it is important to first step through all the various regular processes or potential events that might occur with that unit. For a heat exchanger, this list would include:
After the list of events is identified, it is then important to consider the possible materials and chemicals that would be involved in those events. Depending on the specific process fluid and heat exchange fluid being used, each of these actual or potential events may represent a source of air emissions, either because there is specific "venting" involved; or due to general "fugitive" vapor release, etc. Note that even "potential" events are specifically considered under the Clean Air Act. For example, there are certain regulations covering controlling equipment leaks (e.g., equipment containing certain hazardous organic compounds). With a comprehensive idea of the types of regular and potential events that might affect a unit operation, you will be better able to characterize you air emissions sources and meet regulatory requirements. Other Regulatory Issues:A unit's list of regular or potential events can also be used to
evaluate the potential for generating hazardous waste (managed under
RCRA) and wastewater (managed under the Clean Water Act). |
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Highlighted Topic: Hazardous Waste Treatment (Incineration/Oxidation) If you generate hazardous waste, there are two major options for
treating it: send it off-site for treatment or treat it on-site (as is
pictured with this incinerator.) Hazardous Waste Treatment: Hazardous waste treatment equipment can generate both air and water
emissions, and thus would also be covered by the Clean Air Act and
Clean Water Act. |
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Highlighted Topic: Hazardous Waste Treatment (Injection) If you generate hazardous waste, there are two major options for
treating it: send it off-site for treatment or treat it on-site (as is
pictured with this injection well.) In the chemical industry, one common form of on-site waste treatment (for both hazardous and non-hazardous waste) is underground injection. Underground injection is regulated via the Underground Injection Control (UIC) Program under the Safe Drinking Water Act (SDWA). The UIC program is often managed by state agencies and is designed to insure wastes pumped into the ground do not contaminate the groundwater. You will need a permit for any underground injection, which will specify conditions for what you can inject and how. (This permit will take the place of a RCRA TSD permit if you are injecting hazardous waste.) Other Regulatory Issues:As with other activities, you will need to evaluate and manage your
injection equipment for fugitive emissions, as covered by the Clean
Air Act. |
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Highlighted Topic: Laboratory Waste Issues Although the bulk of your waste and emissions sources will arise from your general process operations lines, you shouldn't neglect the waste coming from support operations such as laboratory work or general maintenance activities. These wastes might still represent significant management and disposal headaches for you, as well as opportunities for waste minimization. Here are some issues to consider: * Analytical laboratories: Analytical laboratories can generate small quantities of a wide range of wastes. In addition, laboratories can often contain old stockpiles of poorly labeled or outdated chemicals. These materials cannot be simply thrown into the trash or poured down in drain. Instead, in general you will need to manage these materials as hazardous waste under RCRA. * Maintenance wastes: Maintenance activities tend to generate
things like an equipment graveyard, used oil, and used cleaning
solvents. Again, these materials will require appropriate
management. For the oils and solvents, your first step will be
to determine if they are hazardous waste. Some types of used
oils can be recycled for energy recovery, although here again it is
important to check with EPA or state authorities on used oil
regulations before you proceed. |
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Highlighted Topic: Solid Waste This landfill receives solid, non-hazardous waste from facility activities. Although not as heavily regulated as hazardous waste, solid waste must still be managed according to regulation. Here are some issues to consider: * Empty containers: In general, empty containers of hazardous materials or hazardous waste are considered non-hazardous, and can be disposed of as solid waste. However, in practice, you might find it difficult to manage the number and variety of containers that are generated. You may need to consult EPA or state authorities for more information. * General solid waste: Solid (non-hazardous) waste is defined by RCRA as "discarded material." Although RCRA provides some guidance on non-hazardous solid waste management, in most cases your requirements for waste disposal will be set by your regional solid waste landfill. For example, the landfill might restrict the types of waste they will accept or set other types of controls on waste disposal. Other Regulatory Issues:Landfill operations need to be evaluated and managed for fugitive
emissions, particularly dust, which is an ambient air quality
pollutant under the National Ambient Air Quality Standards (NAAQS).
Landfill operators also need to manage for stormwater runoff from the
landfill. |
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Highlighted Topic: Accidental Release of Chemicals Transfer points where materials are loaded or unloaded are a common site for fugitive air emissions and/or ground spills, both of which have environmental regulatory consequences. Managing accidental release of chemical substances and hazardous materials as a result of accidental spills, chronic leaks, or other causes is a major focus of environmental regulation. Essentially all the environmental laws contain some sort of accidental release provisions that apply to various lists of hazardous substances. These requirements go hand in hand with emergency planning requirements. Given that you have a release, there are two key actions you will need to take: 1) initiating emergency response, including reporting the release, and 2) cleaning it up. Below we will cover emergency response and reporting. Your emergency response plan should include procedures both for managing the substantive hazards of a release and for initiating notification to appropriate authorities. Among other things, you will need to determine what substances were released and in what quantities. If releases are above reportable quantities, you will need to notify the following:
Other agencies might also need notification during accidental releases. Considerations include:
Note that it is better to be comprehensive in reporting releases -- that is, you're better off reporting to all potentially relevant agencies and letting them determine applicability. Other Regulatory Issues:The U.S. Department of Transportation regulates all hazardous materials transport under the HMTA or Hazardous Materials Transportation Act. The HMTA covers transport of any hazardous materials, whether chemical feedstocks, products, wastes, or even hazardous waste. HMTA requires facilities to follow certain packaging, labeling, loading, routing, and emergency planning requirements. In addition, spills during transportation are covered by the reporting and cleanup requirements of the HMTA. If you are transporting RCRA hazardous waste, you will need to meet additional RCRA requirements for proper labeling and manifesting of the waste. Finally, as with other activities, transfer and loading
operations can be a source of fugitive air emissions that would need
to be counted as part of your overall air source and
managed. In addition, outside loading zones need to be
managed for stormwater runoff. |
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Highlighted Topic: Environmental Compliance Planning Here's the plant office where you do much of your environmental compliance planning. How do you survey and analyze your operations to check for
regulatory coverage? In addition to trying the other resources
provided in this web site (e.g., the self-assessment tools
provided) we'd like to suggest you go through the following
exercise: 5) Create an environmental compliance program by
drawing from the above information and linking it to the
information provided in the Tools and elsewhere. At a
minimum, your compliance program should include a comprehensive list
of the various regulatory requirements you face, along with the
specific actions needed, the staff responsible, and schedule. You
might want to create a central site in which to maintain important
documents, including not only permit documents and official materials,
but also any facility-based plans or procedures developed. You
might also want to develop staff training regarding the compliance
program and general environmental performance. |
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Highlighted Topic: Fugitive Air Emissions (Air Leaks) Pumps, valves, and piping often can be sources of small air leaks (as can other pieces of equipment, such as tanks, reactors, etc.). The Clean Air Act covers not only air emissions from stacks, but also any "fugitive" emissions that may escape from piping, valves, tanks or other sources. This means you need to think about all the opportunities for solvents, volatile organics, or other chemicals to evaporate from storage locations, transfer stations, and work areas. Even vapor leaks are included. Here are some of the possible sources of fugitive emissions: --vapor losses from storage containers Emissions levels from these sources must be included in the site-level air emissions inventory that will go into setting your site-wide permit limitations. In addition, in some cases there are specific regulations that cover possible sources of fugitive emissions. For example, there are specific New Source Performance Standards to manage equipment leaks of VOCs and of benzene from containers or piping that hold those chemicals (Part 60 and 61 of the regulations). There are also hazardous air standards that would also apply to any source of the pollutant - whether a stack or a fugitive source (National Emissions Standards for Hazardous Air Pollutants or NESHAPS, at Parts 61 and 63). Other Regulatory Issues:Pipes, valves and pumps can also be a source of liquid leaks. In turn these liquid leaks can both generate air emissions (as the leak evaporates), and can cause hazardous waste or wastewater generation (as the leak is cleaned up or managed). In addition, depending on the type and amount of leak, accidental release provisions under the Emergency Planning and Community Right to Know Act (EPCRA) may be triggered. More details on these requirements is provided at the tour stop on Truck and Train Loading. Pipes, valves and pumps can also be the source of hazardous waste
generation and/or wastewater generation during maintenance and
cleaning activities. |
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Highlighted Topic: Regulations on the Manufacture or Importation of Chemicals This chemical reactor is formulating a new chemical product.
There are certain environmental regulations that involve assessing or
reviewing chemical products. These regulations may directly affect the
kinds of chemicals you manufacture and import, or how they are
formulated. Another requirement that affects the manufacture or importing of chemicals is the Clean Air Act's consumer products rule (known as the "Section 183(e) rule"). This rule is aimed at limiting the emissions of volatile organic compounds (VOCs) from several different types of consumer products, including various home beauty products, household cleaners, adhesives, and insecticides. In the aggregate, these VOC emissions contribute to the formation of ozone, which at ground level is a health hazard, even though in the stratosphere it is a valuable shield against the sun's uv rays. Manufacturers, importers, and/or distributors must insure their products are in compliance with the VOC limitations. Other Regulatory Issues:Process tanks themselves are likely to be subject to direct emissions limits under the Clean Air Act. For example, certain types of process tanks (e.g., distillation tanks, reactor tanks) are automatically covered by Clean Air Act New Source Performance Standards (Part 60 of the regulations). In addition, process tanks and process lines may be sources of both controlled vents and fugitive emissions, and would be covered by one of several hazardous air standards that apply to reactors and equipment (National Emissions Standards for Hazardous Air Pollutants or NESHAPS, at Parts 61 and 63). Process tanks can also be sources of hazardous waste generation,
and process wastewaters. |
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Highlighted Topic: Superfund & Remediation You may have an area on your site with hazardous materials contamination. Perhaps this contamination stems from previous activities or even from a prior owner. Perhaps this contamination arises from some current operation (such as spills during product transfer activities). Depending on the type and extent of contamination, the site may become a candidate for remediation. (Your first order of business in this case will be to notify EPA and other authorities) You may also become involved in remediation occurring at another
site; for example, at a hazardous waste treatment site you have used
in the past. Regardless of how much waste you contributed to a
site, you can still be held liable for cleanup costs if a release
occurs. Similarly to construction activity, remediation work is covered by
the standard pollution control regulations. For example, you
will have to manage both direct discharges and fugitive emissions from
remediation activities. |
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Highlighted Topic: Ongoing Clean Air Act Regulatory Changes Distillation and separation equipment can create a wide range of air emissions. On this stop of the tour we will illustrate how a unit operation will be affected by ongoing changes to the Clean Air Act. The CAA is a complex law with thousands of pages of regulation. It is also highly technical, with alot of technical specifications and details as well as legal specifications and details. In addition, the regulations are not static. In fact, there is a 10-year push to issue source-based air toxics regulations. After amendments passed to the clean Air act in 1990, EPA has a schedule for identifying sources of the 188 Toxic air pollutants, and issuing technology-based emissions standards (MACT) for each source category. So EPA has been releasing a series of these NESHAPS and MACT standards over the past several years, including the MON or Miscellaneous Organic NESHAPS. For chemical facilities, this means continuing effort to evaluate and comply with these new standards, while keeping up with the old standards. Thus facilities can be affected by multiple source standards even a given source or unit process can be affected by multiple standards. These include not only NESHAPS standards for air toxics but also new source performance standards (NSPS) for various pollutants (though there is less ongoing regulatory development here currently). For example, for a distillation unit in the synthetic organic chemical sector, the following source-specific standards may all be applicable at the same time: --VOC Emissions from Distillation Operations (Part 60, Subpart NNN) Each of these rules might have specific MACT control requirements as well as other requirements. Integrating these various requirements is a major challenge of Clean Air Act compliance. Other Regulatory Issues:In addition to air emissions, distillation and separation
equipment also are a likely source of hazardous waste (e.g., still
bottoms) as wastewater, and so would also be regulated under RCRA
and Clean Water Act. |
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Highlighted Topic: Underground Storage Tank Regulations Your facility may have underground storage tanks (USTs) storing either petroleum or certain hazardous substances that are subject to federal and state environmental regulations. An UST is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground. USTs are regulated as part of the UST Program under RCRA, the Resource Conservation and Recovery Act. This program is administered in large part by state and local agencies. The UST program focuses on prevention of leaks (through requirements such as spill, overfill, and corrosion protection and regular leak detection monitoring and reporting), as well as on proper response should leaks occur. UST requirements are briefly presented in a plain language booklet prepared by EPA, Musts For USTs. This booklet is available on the web at: http://www.epa.gov/swerust1/pubs/index.htm#musts. Federal UST requirements apply to USTs storing petroleum or certain hazardous substances defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). However, federal UST requirements do not apply to USTs storing hazardous wastes, which are instead regulated under the hazardous waste requirements of RCRA. Other Regulatory Issues:Storage tanks need to be considered part of the chemical inventory and included in your emergency planning and notification process. Storage tanks are covered by a series of spill prevention and management requirements, including the Spill Prevention Control & Counter Measures Plan (SPCC) required for certain hazardous materials under the Clean Water Act and the Risk Management Plan (RMP) required for certain air toxics under the Clean Air Act. In addition, tanks can be a source of fugitive air emissions, and
need to be evaluated for Clean Air Act coverage. Tanks that
contain volatile organic compounds are particularly subject to
regulation. |
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Highlighted Topic: Right-to-Know legislation The town or community surrounding your plant will have a key role to play in the environmental performance of your facility. While community groups have no direct regulatory authority, citizens do have the right under several laws to sue if a facility isnt following the regulations. Community groups also have general influence on how your business is regulated. An important law that involves the surrounding community is the Emergency Planning and Community Right-to-Know Act (EPCRA), passed in 1986. EPCRA is intended to improve local community access to information about chemical hazards and to improve state and local emergency response capabilities. EPCRA has three main objectives: --To bolster local emergency planning efforts To meet these objectives, EPCRA creates various reporting
obligations for facilities that store or manage specified listed
chemicals. All information submitted pursuant to EPCRA regulations
is publicly accessible, unless protected by a trade secret
claim. The Toxic Release Inventory (TRI) is part of the EPCRA
requirements. |
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Highlighted Topic: Clean Air Act Overview One of the major environmental laws affecting chemical facilities
is the Clean Air Act (CAA). The Act applies to air emissions not
only from process vents, but also from boilers, steam vents, and
flares. It also covers "fugitive" emissions from
piping, storage and transfer activities, and even construction and
remediation. You also need to check for coverage under state or
regional air regulations, since states and regional authorities have
important responsibilities under the Clean Air Act, and can impose
additional requirements.
By its nature, a chemical plant is likely to be fully regulated under the CAA, with many units being covered by multiple regulations (e.g., a reactor would be covered by NSPS standards for reactors, as well as various NESHAPS standards for the specific pollutants present). Note that all air requirements for a facility will likely be consolidated into one operating permit document called the Title V ( or "Title Five") permit, which establishes emissions levels, and monitoring and reporting requirements. In addition, major individual sources will also be subject to specific permits (e.g., reactors, incinerators, etc.), which often require installation of a certain control technology as well as continuous emissions monitoring, and recordkeeping and reporting requirements. Other Regulatory Issues:In addition to air emissions, vents, flares or other stacks are
potential sources of hazardous waste and wastewater (e.g., in the case
of any wet scrubbing). |
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Highlighted Topic: Emergency Planning Requirements If you have sufficient quantities of chemicals on site even if
they are just sitting in your warehouse and storage tanks you will
be subject to a series of interwoven requirements related to emergency
planning and community right to know. Indeed, this may be one of your
biggest responsibilities in regulatory compliance. you must provide information to the authorities and to your local community regarding the materials you have on site, and you must plan against accidental releases. To meet these requirements, you will need to provide your storage tanks with such features as containment, corrosion protection, labeling, venting, and other preventive management measures. You will also need to protect against spills and leaks during transfer and loading operations. Several laws require emergency planning and community right to know for various lists of chemicals: Other Regulatory Issues: Remember that storage areas can be a source of fugitive air
emissions that would need to be counted as part of your overall air
source and managed. |
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Highlighted Topic: Wastewater Discharge and Stormwater Issues Wastewater generated at a chemical plant will likely be treated on-site and then discharged either to a sewer authority or directly to a waterway. Sewer discharge: Chemical plant wastewaters that are delivered to a sewer authority or Publicly Owned Treatment Works (POTW) are covered by the Clean Water Act's "pretreatment" regulations. There are two types of pretreatment requirements: 1) categorical standards developed by the EPA that apply to each industry, and 2) local standards developed by each POTW. Under the pretreatment program, you will have to register with the EPA and your POTW, and meet certain permit limits as well as performing monitoring and reporting. Note that all wastewater discharges to a POTW need to be considered here, including not only process line discharges, but also discharges from other activities, such as throwing chemicals or cleaning materials down the drain during laboratory work or maintenance activities. Direct discharge: Whenever there is wastewater discharging from a pipe or other
"point" source into a waterway (river, lake, even
intermittent stream), you will be subject to the Clean Water Acts
National Pollution Discharge Elimination System (NPDES) permit
program. Common NPDES wastewater sources include process
operations and cooling towers. Storm water: It has been widely recognized that stormwater runoff from
industrial sites can often contain high levels of harmful contaminants
- including both process chemicals and materials from vehicles, hard
machinery, and other sources. To protect waterways, facilities must
now get a National Pollution Discharge Elimination System (NPDES)
permit for their stormwater drains. Your on site wastewater treatment facility as well as your final
water discharge might cause air emissions. If so, these sources will
need to be counted as part of your overall air source and managed for
fugitive emissions. |
