|
RESOURCE CONSERVATION AND RECOVERY ACT |
Does your
facility meet the following criteria?
|
IF YES, then
this regulation applies.
|
Summary
|
| Is
your facility a generator of hazardous waste? |
EPA
Identification Number 40
CFR 262.12
|
Within
90 days of becoming a RCRA hazardous waste
generator, obtain EPA identification number and
notify EPA of location and description of waste
generating activities. |
| Does
your facility generate more than 1,000 kg of
hazardous waste per month and ship wastes
off-site for disposal |
Hazardous
Waste Manifests 40 CFR
262.20 (a)-(d)
|
Each
shipment must be accompanied by a manifest. |
| Does
your facility generate more than 1,000 kg of
hazardous waste per month and ship wastes
off-site to a TSD facility within the U.S.? |
Hazardous
Waste Biennial Reporting 40
CFR 262.41
|
Submit
biennial hazardous waste generators report to EPA
(or state) by March 1 of each even numbered year. |
| Does
your facility generate more than 1,000 kg of
hazardous waste per month and have you not
received a signed manifest from the TSD in 35
days, or was the manifest not properly executed? |
Hazardous
Waste Exception Reporting 40
CFR 262.42
|
Contact
transporter and TSD to determine status of
manifest and waste shipment. If manifest is not
received within 45 days, an exception report must
be filed to EPA (or state). Small quantity
generators have 60 days to receive a manifest
before an exception report must be filed. |
| Does
your facility generate any wastes restricted from
land disposal under 40 CFR 268 (Land Disposal
Restrictions)? |
Testing,
Tracking and Recordkeeping Requirements for
Generators, Treaters and Disposal Facilities 40 CFR 268.7(a)
|
Generators
managing a restricted waste that does or does not
meet treatment standards must submit a one-time
written notice to each treatment or storage
facility receiving the waste. A new notification
must be sent when there is a change in the waste
or facility. Submit a
one-time notice to the receiving facility if the
waste is not prohibited from land disposal
because of an extension, exception or variance.
|
| Does
your facility generate more than 1,000 kg of
hazardous wastes per month and do you store
hazardous wastes for up to 90 days? |
Accumulation
Time 40 CFR 262.34
|
Maintain
the following records at the facility to store
hazardous wastes on site for up to 90 days
without obtaining a permit: - written description of procedures to
ensure that waste remains in the unit for no more
than 90 days, written description of the waste
generation and management practices for the
facility showing that they are consistent with
the 90-day storage limit, and documentation that
the procedures are complied with, OR
- documentation that the unit
is emptied every 90 days.
|
| Do
you treat, store or dispose hazardous waste at
your facility and has there been a release, fire,
or explosion that could threaten human health, or
the environment outside the facility? |
Emergency
Procedures 40 CFR 265.56
|
Notify
either the government official designated as the
on-scene coordinator for the geographic area or
the National Response Center (800-424-8802). If
evacuation from the local area is advisable,
notify appropriate local authorities. |
| Are
there hazardous waste storage tanks or container
storage areas at your facility? |
Inspections 40 CFR 265.195(c)
|
Document
inspections of hazardous waste tanks and
container storage areas. |
| Has
there been a release, greater than one pound, of
hazardous waste from a tank to the environment? |
Notifications,
Reports 40 CFR 265.196(d)
|
Report
to the EPA Region Administrator within 24 hours
of detection. |
| Does
your facility have underground storage tanks or
do you plan to install any underground storage
tanks that are equipped with cathodic protection? |
Operation
and Maintenance of Corrosion Protection 40 CFR 280.31(d)
Reporting and Recordkeeping
40 CFR 280.34(b)
Release Detection Recordkeeping
40 CFR 280.45
|
Maintain
records of operation of cathodic protection in
accordance with 40 CFR 280.34. Records must
provide: 1) results of
last 3 inspections (for impressed current)
2) results of testing from the
last 2 inspections (for all USTs)
Maintain the following:
1) a corrosion expert's
analysis of site corrosion potential if corrosion
protection equipment is not used
2) documentation of operation
of corrosion protection equipment
3) documentation of UST system
repairs
4) recent compliance with
release detection requirements
The following release detection
records must be maintained:
1) all written performance
claims pertaining to any release detection system
used
2) results of any sampling,
testing or monitoring must be maintained for 1
year. Tank tightness testing results must be
retained until the next test is conducted
3) written documentation of all
calibration, maintenance and repair of release
detection equipment must be maintained for at
least 1 year after the servicing work is
completed.
|
| Has
the facility completed permanent closure or
change-in-service of an UST? |
UST
Closure Records 40 CFR
280.74
|
Maintain
records of the results of the site investigation
for 3 years. |
| Does
your facility own or operate a UST containing
petroleum? |
Financial
Responsibility Recordkeeping 40 CFR 280.111
|
Maintain
evidence of all financial assurance mechanisms
used to demonstrate financial responsibility. |
| Has
your facility brought a UST into service? |
Initial
Notification 40 CFR
280.22
|
Within
30 days, submit a Notification for Underground
Storage Tanks Form to the agency or department
designated in Appendix II to 40 CFR Part 280. |
| Do
you suspect a release from a UST system? |
Reporting
of Suspected Releases 40
CFR 280.50
|
Report
any suspected release to the appropriate agency
within 24 hours. Conditions which require
reporting include: 1) the
discovery of regulated substances released at the
UST site or in the surrounding area.
2) unusual operating conditions
(for example, sudden loss of product). If the
system equipment is found to be defective and is
immediately repaired or replaced, reporting is
not required.
3) monitoring results which
indicate that a release may have occurred.
Reporting is not required if the release
detection monitoring device is found to be
defective and is immediately repaired or
replaced, and if additional monitoring does not
confirm the initial result.
|
| Was
an underground storage tank overfilled or did a
spill occur? |
Reporting
of Spills and Overfills 40
CFR 280.53
|
Report
to implementing agency (state or EPA) within 24
hours of: 1) spills and
overfills of petroleum resulting in a release in
excess of 25 gallons, or that cause a sheen on
nearby surface waters
2) spills or overfills of a
hazardous substance that result in a release that
equals or exceeds its reportable quantity under
CERCLA (these spills must be reported
immediately)
3) spills or overfills of less
than 25 gallons of petroleum and less than the
reportable quantity for a hazardous substance
must be contained and cleaned up within 24 hours.
If cleanup can not be accomplished within 24
hours, the owner must immediately notify the
implementing agency.
|
| Has a
release from a UST been confirmed? |
Initial
Response Reporting 40 CFR
280.61
|
Report
the release to the implementing agency within 24
hours of the release or other time period
specified by the agency. A
report summarizing the initial abatement steps
taken and any resulting information or data must
be submitted to the implementing agency within 20
days of release confirmation or within another
time period specified by the agency.
Within 45 days of release
confirmation, or other time period determined by
the implementing agency, submit initial site
characterization information to the implementing
agency.
|
| Has a
spill, overfill or release resulted in free
product? |
Free
Product Removal Reporting 40
CFR 280.64
|
Remove
free product to the greatest extent practical.
Within 45 days after confirming a release, or
other time period specified by the implementing
agency, submit a report to the agency that
includes information regarding removal of free
product. |
| Has a
release occurred from a UST? |
Investigation
for Soil and Groundwater Cleanup Reporting 40 CFR 280.65
|
Conduct
soil and groundwater investigations in the area
of the release, the release site, and the
surrounding area possibly affected by the site to
determine the extent of contamination. Submit
information collected from the investigation as
soon as practical or in accordance with a
schedule established by the agency. |
| Has
the agency required you to submit a corrective
action plan or has the agency established a
corrective action plan? |
Corrective
Action Plan Reporting 40
CFR 280.66
|
Owners
and operators may be required to submit a
corrective action plan for contaminated soil and
groundwater. Typically, the schedule and format
for the plan will be established by the
implementing agency, or owners/operators may
voluntarily submit the corrective action plan.
Upon plan approval and implementation, results
must be reported in accordance with the
agency-specified schedule and format.
Owners/operators may begin soil and groundwater
cleanup before approval of the corrective action
plan after notifying the agency of their
intention and must comply with any conditions
imposed by the agency. All self-initiated
measures must be included in the corrective
action plan submitted to the agency for approval. |
| Does
your facility plan to permanently close or
perform a change-in-service of a UST? |
Permanent
Closure/Change-in-Service 40
CFR 280.70
|
Notify
the implementing agency 30 days before beginning
activities, unless such action is in response to
corrective action associated with any release
from the UST. |
| Do
own or operate a petroleum UST at your facility
and have you confirmed a release, spill or
overflow? |
Financial
Responsibility Reporting 40
CFR 280.110
|
Submit
evidence of financial responsibility to the
director of the implementing agency within 30
days. |
| Back to Top |
|
SAFE DRINKING WATER ACT |
Does your
facility meet the following criteria?
|
IF YES, then
this regulation applies.
|
Summary
|
| Does
your facility operate a public water system
(provide to the public piped water for human
consumption, if it has at least 15 service
connections or regularly serves an average of at
least 25 individuals daily for at least 60 days
out of each year)? |
Reporting
Requirements 40 CFR
141.313(a)
|
Within
the first 10 days following the month in which
analytical results are received, or within the
first 10 days after the end of the required
monitoring period stipulated by the state,
whichever is shorter, report to the state the
results of any test measurement or analysis
required, unless a state lab performs the
analysis and reports the results to the office
that would typically receive notification from
the supplier. |
| Does
your facility operate a public water system and
are you aware of failure to comply with any
national primary drinking water regulation
(including failure to comply with monitoring
requirements)? |
Reporting
Requirements 40 CFR
141.31(b)
|
Report
within 48 hours to the state. |
| Does
your facility operate a public water system and
have you distributed, published, posted, and/or
made available a public notification? |
Reporting
Requirements 40 CFR
141.31(c)
|
Within
10 days of completion of the public notification
to the persons served by the system and/or the
media, submit a representative copy to the state. |
| Does
your facility operate a public water system? |
Public
Notification 40 CFR
141.32
|
Give
notice to the persons served in the following
cases (type of notification and applicable
timeframes are indicated by SDWA): 1) any failure to comply with a maximum
contaminant level (MCL) treatment technique, or
testing procedure required by a national primary
drinking water regulation
2) any failure to comply with
any monitoring required pursuant to section 1445
of the SDWA
3) existence of a variation or
exemption
4) any failure to comply with
the requirements of any schedule prescribed
pursuant to a variance or exemption
|
| Are
you an owner or operator of a public water
system? |
Record
Maintenance 40 CFR 141.33
|
Retain
the following records on the premises or at a
nearby convenient location: 1) records of bacteriological analyses
conducted pursuant to SDWA for at least 5 years
2) records of chemical analyses
conducted pursuant to SDWA for at least 10 years
3) records of action taken to
correct violations of primary drinking water
regulations for at least 3 years after the last
action taken
4) copies of written reports,
summaries, or communications relating to sanitary
surveys of the system for at least 10 years after
completing the survey
5) records concerning a
variance or exemption granted to the system for
at least 5 years following the expiration of the
variance or exemption
|
| Back to Top |
|
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT
|
Does your
facility meet the following criteria?
|
IF YES, then
this regulation applies.
|
Summary
|
| Do
you have knowledge of a release of a hazardous
substance into the environment in a quantity
equal to or exceeding its reportable quantity? Hazardous substances and their
reportable quantities are listed in 40 CFR 302.4
|
Notification
Requirements 40 CFR 302.6
|
Upon
having knowledge of a release of a hazardous
substance into the environment equal to or
exceeding its reportable quantity, immediately
notify the National Response Center at (800)
424-8802. Additional reporting and notifications
are required for continuous releases under CERCLA
(40 CFR 302.8) A written
notification must be made to the appropriate EPA
Regional Office within 30 days of the initial
telephone notification.
|
| Are
you an owner/operator of a facility where
hazardous substances were stored, treated, or
disposed of and the facility has not been issued
a permit or interim status under RCRA |
CERCLA
Section 103(a) |
You
should have notified EPA by June 9, 1981 of the
existence of the facility as well as the amount
and type of any hazardous substance found, and
any known, suspected, or likely releases of such
substances. |
| Back to Top |
|
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT |
Does your
facility meet the following criteria?
|
IF YES, then
this regulation applies.
|
Summary
|
| Are
there extremely hazardous substances at your
facility in amounts equal to or greater than
their threshold planning quantities (TPQ)? A list of EHSs and their TPQs is located
in Appendix A and B of 40 CFR 355.
|
Emergency
Planning Notification 40
CFR 355.30
|
Within
60 days, notify the state emergency response
commission (SERC) that an extremely hazardous
substance (EHS) in excess of the TPQ is at the
facility. Notify the
local emergency planning committee (LEPC) of your
facility's representative who will participate as
the emergency coordinator in the emergency
planning process.
Promptly notify the LEPC of any
relevant changes at the facility as they occur or
are expected to occur.
Provide information the LEPC
requests for developing and implementing the
emergency plan.
|
| Has
there been a release of a listed hazardous
substance in excess of the reportable quantity
that results in exposure to persons off site? |
Emergency
Release Notification 40
CFR 355.40
|
Immediately
notify the SERC and LEPC. Also notify the LEPC of
any area and the SERC of any state likely to be
affected by the release. Substances subject to
the notification include: 1)
CERCLA hazardous substances
2) a release of a reportable
quantity of an EHS
Reportable quantities are
listed in Appendix A and B of 40 CFR 355. As soon
as possible after the immediate notification, you
must also provide to the SERC and LEPC a written
follow-up emergency notice.
|
| Is
there a continuous release of a listed hazardous
substance at your facility? |
Continuous
Release 40 CFR 302.8
|
The
following notifications must be given: 1) initial telephone notification to the
National Response Center
2) Initial written notification
to the EPA regional office within 30 days of
initial telephone notification
3) follow-up notification
within 30 days of the first anniversary date of
the initial written notification. Submit
annual re-evaluation within 30 days of the
anniversary date of the initial written
notification, and document (notify appropriate
EPA Regional Office only if changes in any
information previously submitted).
4) notification of a change in
the composition of source(s) of the release or in
the other information submitted in the initial
written notification of the release within 30
days
5) initial telephone
notification of "new" release if there
is change in composition or source of release,
immediately as there is sufficient basis to
assert the "new" release is continuous
and stable in quantity and rate
6) immediate telephone
notification of statistically significant
increase in release to NRC, and appropriate SERCs
and LEPCs (written follow-up emergency
notification under EPCRA also required)
|
| Are
any OSHA hazardous chemicals present at your
facility? |
Community
RTK--MSDS Reporting 40
CFR 370.21
|
Facilities
required to have MSDSs under the OSHA hazard
communication standard (HCS) are also required to
submit this information. The thresholds for
reporting hazardous chemicals are: - hazardous chemicals (poses a physical
or health hazard) in amounts greater than 10,000
lbs.
- extremely hazardous
substances (EHS) present in amounts greater than
or equal to 500 lbs or the TPQ, whichever is
lower.
Within 3 months, submit copies
of the MSDSs or a list of hazardous chemicals to
the SERC, LEPC and the local fire department. If
MSDSs are submitted, a new MSDS must be submitted
to the LEPC within 3 months after the information
is available.
|
| Is
your facility required to prepare/have an MSDS
under OSHA, 29 CFR 1910.1200? |
Community
RTK--Inventory Reporting 40
CFR 370.25
|
Prepare
and submit to the SERC, LEPC and local fire
department (LFD), an emergency and hazardous
chemical inventory form (Tier I or Tier II). The
hazardous chemicals that must be listed and the
threshold levels are the same as those for which
an MSDS is required. Tier I must be submitted
annually by March 1. If requested by the SERC,
LEPC or LFD, submit a Tier II, which includes
more detailed information. You may submit a Tier
II instead of a Tier I. SERCs, LEPCs and LFDs
usually prefer the Tier II. |
| Does
your facility have 10 or more full-time employees
and use more than 10,000 lbs of any of the 300
listed toxic chemicals (e.g., creosote,
pentachlorophenol, CCA)? Chemicals
are listed in 40 CFR 372.65(a).
|
Toxic
Release Inventory 40 CFR
372.10; 372.22
|
Submit
annual report to the EPA and state on amounts of
more than 300 listed toxic chemicals released
into the environment routinely or as a result of
an accident. These reports (known as the Form R)
are due by July 1 of each year. This regulation
applies to facilities that are in SIC Codes 20-39
and manufacture, process or use a toxic chemical
in excess of its threshold reporting quantity
during the calendar year. |
| Is
your facility in SIC codes 20 - 39 and
manufacture, import or process a listed toxic
chemical which is sold or distributed in a
mixture or trade name product containing the
listed chemical to either a facility that must
report under Section 313 or a facility that in
turn sells the same mixture or trade name product
to a firm in SIC codes 20 - 39? |
Notification
about Toxic Chemicals 40
CFR 372.45
|
Supplier
notification must be provided annually in writing
and with the first shipment of each calendar
year. Whenever suppliers' products contain newly listed toxic
chemicals, suppliers must notify customers with
the first shipment made during the next calendar
year following EPA's final decision to add the
chemical to the list.
Suppliers must send a new
notice to customers within 30 days when they
discover that their previous notification did not
properly identify the listed toxic chemical(s) in
the mixture or correctly indicate their
percentage by weight.
Suppliers must send a revised
notice to their customers when they change a
mixture or trade name product by adding, removing
or changing the percentage by weight of a listed
chemical. The notice must be sent with the first
shipment of changed mixture or trade name
product.
|
| Back to Top |
|
CLEAN WATER ACT |
Does your
facility meet the following criteria?
|
IF YES, then
this regulation applies.
|
Summary
|
| Has
there been a discharge of oil from your facility? |
Discharge
of Oil Notification 40
CFR 110.6
|
Immediately
notify the National Response Center at (800)
424-8802 (in Washington, D.C. metro area, call
202-426-2675). If direct reporting to the NRC is
not possible, reports may be made to the Coast
Guard or EPA on-scene coordinator for the
geographic area where the discharge occurs. |
| Is
the facility located onshore/offshore and has it
discharged, or could it reasonably be expected to
discharge oil in harmful quantities into
navigable waters of the U.S. or adjoining
shorelines? |
Spill
Prevention Control and Countermeasure Plan 40 CFR 112.3; 112.7
|
An onshore or offshore
facility must prepare a Spill Prevention Control &
Countermeasure (SPCC) Plan if it: (1) was in operation on or
before August 16, 2002, must maintain its Plan, but must amend
it, if necessary to ensure compliance, by February 17, 2006, and
must implement the amended Plan as soon as possible, but not
later than August 18, 2006; (2) becomes operational after August
16, 2002, through August 18, 2006, and could reasonably be
expected to have a discharge, must prepare and implement a Plan
by August 18, 2006; and (3) becomes operational after August 18,
2006, and could reasonably be expected to have a discharge, must
prepare and implement a Plan before it begins operations. An
onshore or offshore mobile facility must amend its Plan, if
necessary, and implement such amendments by August 18, 2006.
This requirement does not
apply to facilities that have an underground buried storage
capacity of less than 42,000 gallons of oil, and that have an
aboveground storage capacity of less than 1320 gallons of oil
(provided that no single aboveground container is in excess of
55 gallons).
The SPCC Plan must be
reviewed at least every 5 years and must be amended as a result
of specified facility changes. |
| Has
there been a discharge of greater than 1,000
gallons of oil into navigable waters or
shorelines, or has a discharge in harmful
quantities occurred in 2 spill events within any
12 month period? |
Amendment
of SPCC Plans by Regional Administrator 40 CFR 112.4(a)
|
Submit
to the EPA Regional Administrator and state
agency in charge of water pollution control
within 60 days information regarding the spill
required by 40 CFR 112.4(a). |
| Does
your facility have an SPCC Plan and has there
been a discharge of greater than 1,000 gallons of
oil into navigable waters or shorelines, or has a
discharge in harmful quantities occurred in 2
spill events within any 12 month period? OR
Have there been changes in
facility design, construction, operation, and/or
maintenance that affect the facility's
probability to discharge oil.
|
SPCC
Plan 40 CFR 112.4;
112.5(a)
|
Amend the SPCC Plan within
six months, and implement as soon as possible, but not later
than six months following preparation of the amendment.
|
| Is
your facility a non-transportation-related
onshore facility that, because of its location,
could reasonably be expected to cause "substantial harm" to the environment by discharging oil
into or on navigable waters or adjoining
shorelines? |
Facility
Response Plans 40 CFR
112.20
|
The
facility can be expected to cause "substantial harm" if: 1) the
facility transfers oil over water to or from
vessels and has a total oil storage capacity
greater than or equal to 42,000 gallons; or,
2) the facility's total oil
storage capacity is greater than or equal to
1,000,000 gallons.
Prepare a Facility Response
Plan consistent with the requirements of the
National Oil Hazardous Substance Pollution
Contingency Plan (40 CFR 300) and applicable area
contingency plans prepared under Section
311(j)(4) of the Clean Water Act. Plans should be
reviewed annually.
|
| Is
your facility a non-transportation-related
onshore facility that is not expected to cause
substantial harm to the environment? |
Certification
for Facilities that Do Not Pose Substantial Harm 40 CFR 112 Appendix C
|
Complete
and maintain the "Substantial Harm
Criteria" form in the SPCC Plan. The form is
located in Attachment C-II of 40 CFR 112,
Appendix C. |
| Has
there been a discharge of a designated hazardous
substance in excess of its reportable quantity
from your facility into navigable waters of the
U.S.? A list of
designated substances and their reportable
quantities is located in 40 CFR 117.3.
|
Notice
of Discharge of a Reportable Quantity 40 CFR 117.21
|
Immediately
notify the appropriate agency of the U.S.
Government of the discharge in accordance with
the procedures in 33 CFR 153.203. |
| Does
your facility plan to discharge industrial
wastewater into U.S. waters? |
Time
to Apply 40 CFR 122.21(c)
|
Submit
a NPDES permit application to the EPA (or state)
at least 180 days before the date on which the
discharge is to commence, unless permission for a
later date has been granted by the
Director. Permit applications must be
submitted 90 days before construction activities
including clearing, grading and excavation
resulting in disturbance of more than 5
acres. Submit permit renewal applications
at least 180 days before the permit's expiration
date. |
| Does
your facility discharge, or plan to discharge
stormwater associated with industrial activity? |
Application
Requirements for Stormwater Associated with
Industrial Activity 40
CFR 122.26(c)
|
Apply
for one of the following types of NPDES
stormwater permits: individual permit;
permit through group application; general permit. |
| Does
your facility directly discharge industrial
wastewater into U.S. waters? |
National
Pollutant Discharge Elimination System 40 CFR 122.41(l)(4)
|
Report
monitoring information on Discharge Monitoring
Reports (DMRs) at intervals specified In the
NPDES permit. |
| Are
you aware of any noncompliance with your
facility’s NPDES permit that may endanger
health or the environment |
Twenty-Four
Hour Reporting 40 CFR
122.41(l)(6)(i)
|
Report
to the EPA (or state) noncompliance information
within 24 hours of becoming aware of the
circumstances. A written submission must be
provided within 5 days. |
| Does
your facility have an NPDES permit and are you
aware of an upset which exceeds any effluent
limitation in the permit? |
Twenty-Four
Hour Reporting 40 CFR
122.41(l)(6)(ii)(B)
|
Report
to the EPA (or state) within 24 hours of becoming
aware of the upset. A written submission
must be provided within 5 days. |
| Does
your facility have a NPDES permit and are you
aware of a violation of a maximum daily discharge
limitation for any of the pollutants listed by
the Director in the permit to be reported within
24 hours? |
Twenty-Four
Hour Reporting 40 CFR
122.41(l)(6)(ii)(C)
|
Report
to the EPA (or state) within 24 hours of becoming
aware of the violation. A written
submission must be provided within 5 days. |
| Did
your facility have an unanticipated bypass
(diversion of waste streams from a part of
treatment)? |
Bypass 40 CFR 122.41(m)(3)(I)
|
Report
to the EPA (or state) an unanticipated bypass
within 24 hours of becoming aware of the bypass.
A written submission must be provided within 5
days. |
| Does
your facility have an NPDES permit and are you
aware of an "anticipated bypass" |
Bypass 40 CFR 122.41(m)(3)
|
Submit
to the EPA (or state) prior notice, if possible,
at least 10 days before the date of the bypass. |
| Does
your facility have an NPDES permit and have there
been any "other" instances of
noncompliance not reported in a DMR or 24 hour
report? |
Other
Noncompliance 40 CFR
122.41(l)(7)
|
Report
noncompliance at the time monitoring reports are
submitted in a noncompliance report, and include
the information required by 24 hour notice
reporting [40 CFR 122.41(l)(6)(i)] |
| Have
you become aware that your facility failed to
submit any relevant facts in a NPDES permit
application or submitted incorrect information in
a permit application or in any report? |
Other
Information 40 CFR
122.41(l)(8)
|
Promptly
submit facts or information to the EPA (or
state). |
| Are
there any planned physical changes to your
NPDES-permitted facility? |
Planned
Changes 40 CFR
122.41(l)(1)
|
Notify
EPA (or state) as soon as possible of any planned
physical changes which may change the nature or
quantity of pollutants discharged or results in a
change in sludge use or disposal practices, or
results in a new source. |
| Do
you anticipate noncompliance with your
facility’s NPDES permit? |
Anticipated
Noncompliance 40 CFR
122.41(l)(2)
|
Give
advance notice to the EPA (or state) of any
planned changes in the facility or activity that
may result in noncompliance with permit
requirements. |
| Are
you a manufacturing, commercial, mining or
silvicultural discharger? |
Existing
Manufacturing, Commercial, Mining, and
Silvicultural Dischargers 40
CFR 122.42(a)
|
Notify
EPA (or state) as soon as you "know or have
reason to believe" that any activity has
occurred or will occur that will result in a
discharge of any toxic pollutant, not limited in
the NPDES permit, above specified notification
levels |
| Does
your facility have an NPDES permit for discharge
of stormwater associated with industrial
activity? |
Stormwater
Discharges 40 CFR
122.44(I)(4)(ii)
|
Maintain
record of required annual inspection and
certification that the facility is in compliance
with the plan and permit, and of any incidents of
noncompliance. Facilities
covered under general permits must have developed
Stormwater Pollution Prevention Plans.
|
| Has
your facility’s production level increased
and do you have alternate production-based limits
in your NPDES permit? |
Production-based
Limitations 40 CFR
122.45(b)(2)(ii)(B)
|
Notify
the Director (or state) at least 2 business days
prior to a month in which the facility will
operate at a level higher than the lowest
production level identified in the permit. |
| Is your facility covered by a NPDES
permit and does your facility use, manufacture,
store, handle, or discharge any listed toxic or
hazardous pollutant under the Clean Water Act? |
Best Management Practices for Pollutant
Dischargers 40 CFR
125.104
|
Your facility is subject to best
management practices (BMP) program requirements
for all activities that may result in significant
amounts of those pollutants reaching U.S. water.
Listed toxic pollutants are in Section 307 and
listed hazardous substances and reportable
quantities are located in Section 311. Develop a written BMP program for the
facility.
|
| Does your facility discharge industrial
wastewaters or stormwater to a sanitary sewer and
route to a Publicly Owned Treatment Works (POTW)? |
Pretreatment Standards 40 CFR 403
|
Obtain permit if necessary from POTW and
comply with national pretreatment standards.
Notify POTW of all discharges that could
"cause problems to the POTW", including
slug loadings [40 CFR 403.12(f)]. |
| Does
your facility discharge industrial wastewater or
stormwater to a POTW and is your facility subject
to New Categorical Pretreatment Standards? |
Reporting
Requirements for POTWs and Industrial Users 40 CFR 403.12(b)(6)
|
Within
180 days of a new Categorical Pretreatment
Standard or an EPA determination of the
applicability of a category to an indirect
discharger or 90 days prior to commencement of
discharge by a new source, dischargers must
submit a Baseline Monitoring Report (BMR) to the
Control Authority (or POTW). |
| Is
your facility an industrial user subject to a
Categorical Pretreatment Standard? |
Reporting
Requirements for POTWs and Industrial Users 40 CFR 403.12(e)
|
Submit
periodic sampling and analysis reports to the
Control Authority on continued compliance in June
and December of each year, unless Pretreatment
Standards or the Control Authority requires more
frequent submissions |
| Are
you a New Source that has commenced discharge to
a POTW or has the EPA established a new
Categorical Pretreatment Standard? |
Reporting
Requirements for POTWs and Industrial Users 40 CFR 403.12(d)
|
Within
90 days of the final compliance date for
Categorical Pretreatment Standards or, for New
Sources, 90 days following commencement of
discharge of wastewater to the POTW, submit to
the Control Authority (or POTW) a 90-day
compliance report containing current monitoring
results of the monitoring information submitted
in the Baseline Monitoring Report (BMR). |
| Is
your facility an industrial user of a POTW and
will there be a "substantial change" in
the volume or character of pollutants in the
discharge? |
53
Fed Reg. 40600 (1988) and 40 CFR 403.12(j) |
Promptly
notify the POTW in advance of the
"substantial change". Only changes
expected to occur "on a regular or routine
basis over an extended period of time (3 months
or more)" need to be reported. |
| Does
your facility discharge any amount of RCRA
"acute" hazardous waste or more than 15
kilograms of any RCRA hazardous waste per
calendar month to a POTW |
POTW
Pretreatment Standards 40
CFR 403.12(p)
53 Fed Reg 40600 (1988)
|
Report
in writing to the POTW, EPA and applicable state
hazardous waste authorities within 180 days of
the initial discharge the following: 1) name of hazardous waste discharged
2) type of discharge, i.e.,
continuous or batch
3) EPA hazardous waste ID
number
Additional information is
required to be reported by dischargers of over
100 kilograms of hazardous waste per month.
In the case of new regulations identifying
additional characteristics of hazardous waste or
listing any additional substance as a hazardous
waste, provide similar notification within 90
days.
|
| Does
your facility discharge to a POTW and are you
aware of violating a Categorical Pretreatment
Standard (through upset or bypass)? |
Pretreatment
Standards 40 CFR
403.12(g)(2) and .16(c)(3)
|
Report
to the POTW within 24 hours of becoming aware of
the violation. The initial notification may be
oral and must be followed up with a written
notification within 5 days. Repeat the
sampling and analysis and submit the results of
the repeat analysis to the Control Authority (or
POTW) within 30 days after becoming aware of the
violation. |
| Does
your facility discharge to a POTW and do you
anticipate that a bypass will occur? |
Bypass 40 CFR 403.17(c)(1)
|
Submit
a notice to the Control Authority (or POTW) of an
anticipated bypass at least 10 days prior, if
possible. |
| Does
your facility discharge to a POTW and are you
aware of an "unanticipated bypass"? |
Bypass 40 CFR 403.17(c)(2)
|
Within
24 hours of becoming aware of an unanticipated
bypass that exceeds applicable pretreatment
standards, orally report to the Control
Authority, and follow-up with a written
submission within 5 days. |
| Does
your facility discharge to a POTW but is not
covered by Categorical Pretreatment Standards |
Discharge
Reports 40 CFR 403.12(h)
|
Noncategorical
dischargers must submit to the Control Authority
(or POTW) a discharge report every six months in
a form and on dates specified by the control
authority. The reports must include a description
of the nature, concentrations, and flow of the
pollutants required to be reported and be based
on sampling and analysis performed during the
reporting period. |
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|
CLEAN AIR ACT |
Does your
facility meet the following criteria?
|
IF YES, then
this regulation applies.
|
Summary
|
| Are there regulated substances above
specified threshold quantities for the Accidental
Release Prevention Program under the Clean Air
Act? The list of
regulated chemicals was published in the Federal
Register on January 31, 1994.
|
Chemical Accidental Release Prevention 40 CFR 68.30
|
Develop a Chemical Accidental Release
Prevention Program for your facility by June 21,
1999 or within 3 years after the material is
listed. |
| Are you required to have Continuous
Emission Monitoring Systems? |
New Source Performance Standards 40 CFR 60.7
|
Maintain operating records, and records
of startup, shutdown, and any malfunctioning of
the facility’s air pollution control
equipment. Provide written notification: 1) within 30 days of date construction
or reconstruction is commenced
2) within 60 days of the
anticipated initial start date
3) within 15 days of the actual
startup date
4) of any physical or operation
change to an existing facility that may increase
the emission rate of a regulated pollutant within
60 days, or as soon as possible, before the
change is commenced
5) within 30 days prior to a
continuous emission monitoring performance
demonstration
6) 30 days prior to the
anticipated date of opacity observations
Submit a report of excess
emissions, as defined in applicable portions of
the regulations, by the 30th day of the end of
each calendar quarter.
|
| Does your facility fit under an industry
category required to meet maximum achievable
control technology (MACT)? |
Hazardous Air Pollutants 40 CFR 63
|
Meet specific required reporting,
monitoring and recordkeeping requirements. |
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|
FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT |
Does your
facility meet the following criteria?
|
IF YES, then
this regulation applies.
|
Summary
|
| Do your operations include pesticide
application using restricted use pesticides? |
Pesticide Applicator Certification 40 CFR 171.4; 171.11
|
Obtain applicator certification or
conduct pesticide applications by a person
supervised by a certified applicator. A list of restricted use pesticides is
included in 29 CFR 152.175. Recertification must
be completed every 3 years. Firms employing
certified commercial applicators must maintain at
their principal place of business accurate
records of the use of restricted use pesticides.
|
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|
TOXIC SUBSTANCES CONTROL ACT |
Does your
facility meet the following criteria?
|
IF YES, then
this regulation applies.
|
Summary
|
| Are
you a manufacturer or importer of a "new
chemical substance" |
Premanufacture
Notification - Notice Form 40 CFR 720.40
and
Commencement of Manufacture or
Import
40 CFR 720.102
|
Submit
a premanufacture notice (PMN) to EPA at least 90
days prior to manufacture or importation. Certain
substances (e.g., pesticides, food) and
activities (e.g., research and development, test
market, low volume) are exempted from PMNs. If you become aware of new information
during the review period related to the PMN, that
information must be submitted within 10 days of
receiving the new information and at least 5 days
before the end of the 90-day review period. If
the new information becomes available during the
last 5 days, immediately notify EPA by telephone.
Within 30 days of manufacture
or importation, submit notice of commencement of
manufacture or import (NOC) to EPA.
|
| Are
you a manufacturer or importer of a chemical
substance (listed in 40 CFR 721, Subpart E) for
which a "significant new use" is
planned? |
Significant
New Uses of Chemical Substances - Notice
Requirements and Procedures 40 CFR 721.25(a)
|
Submit
significant new use notice (EPA Form 7710-25) to
EPA at least 90 days prior to manufacture or
process of the chemical substance. |
| Are
there PCB transformers at your facility,
including those in storage for reuse? |
PCBs
Manufacturing, Processing, Distribution in
Commerce, and Use Prohibitions 40 CFR 761.30(a)(1)(vi)(A)
|
Register
all PCB transformers with the EPA, National
Programs Division by December 28, 1998, or within
30 days of discovering a PCB transformer. |
| Are
there PCB transformers in a commercial building
or within 30 meters of a commercial building? |
PCBs
Manufacturing, Processing, Distribution in
Commerce, and Use Prohibitions 40 CFR 761.30(a)(1)(vii)
|
You
should have registered all PCB transformers with
the building owner by December 1, 1985. |
| Has a
PCB transformer been involved in a fire-related
incident? |
PCBs
Manufacturing, Processing, Distribution in
Commerce, and Use Prohibitions 40 CFR 761.30(a)(1)(xi)
|
Notify
the National Response Center (1-800-424-8802)
immediately. |
| Has
there been a spill of PCBs (with concentration
>50 ppm)? |
Requirements
for PCB Spill Cleanup 40
CFR 761.125(a)(1)(i)
|
Within
24 hours of discovery, report spills
contaminating surface waters, sewers, drinking
water supplies, animal grazing lands, or
vegetable gardens to the appropriate EPA Regional
Office (Pesticides and Toxic Substance Branch).
Spills of more than 1 pound contaminating other
areas must be reported within 24 hours to the
appropriate Regional Office. |
| Has
there been a PCB spill cleanup at your facility? |
Requirements
for PCB Spill Cleanup 40
CFR 761.125(c)(5)
|
Maintain
records of decontamination for PCB spill cleanup
for 5 years from the date of the spill. Specific
content required is dependent upon whether amount
of PCB spilled was less than one pound, or equal
to or greater than one pound. |
| Is
your facility a commercial storer, transporter or
disposer of PCB waste? |
Notification
of PCB Waste Activity (EPA Form 7710-53) 40 CFR 761.205(a)(5)
|
Before
engaging in PCB waste handling activities, notify
EPA of your PCB waste activities by filing EPA
Form 7710-53 "Notification of PCB Waste
Activity Form" with EPA. |
| Is
your facility a commercial storer or disposer of
PCB waste? |
Disposers
and Commercial Storers of PCB Waste 40 CFR 761.180(b)(3)
|
Submit
annual PCB report to the Regional Administrator
of the EPA Region in which the facility is
located by July 15 each year. |
| Does
your facility generate PCB waste and is your
facility used for storage of PCB items designated
for disposal, or use storage containers for
liquid PCBs which are larger than shipping
containers required by the Department of
Transportation for liquid PCB transportation? |
Notification
of PCB Waste Activity (EPA Form 7710-53) 40 CFR 761.205(c)(2)(iii)
|
Notify
EPA and receive an EPA identification number.
Submit a separate notification to EPA for each
storage facility and EPA will assign a unique EPA
identification number to each facility. |
| Is
your facility sending PCB waste to a commercial
off-site storage or disposal facility? |
The
Manifest - General Requirements 40 CFR 761.207(a) and 761.208(a)(1)
|
Prepare
a Uniform Hazardous Waste Manifest (EPA Form
8700-22) and a continuation sheet if necessary. Prepare an annual document log and
maintain it at the facility for a minimum of 3
years after the facility ceases to use or store
PCBs.
|
| Has
your facility not received a signed manifest from
the storage or disposal facility within 35 days
after the transporter accepted the PCB waste? |
Exception
Reporting 40 CFR 761.215
|
Contact
the disposer or commercial storer to determine
whether the waste has been received. If the waste
has not been received, contact the transporter to
determine the disposition of the PCB waste. If
you have not received a manifest within 45 days
from the date the waste was accepted by the
transporter, submit an exception report to the
EPA Regional Administrator for the Region in
which the generator is located. |
| Is
your facility a manufacturer, importer or
processor of a chemical substance and did you
manufacture or import greater than 1100 pounds of
a chemical substance at a single site? |
Manufacturer’s
Reporting - Preliminary Assessment Information 40 CFR 712, Subpart B
|
Under
the Preliminary Assessment Information Rule
(PAIR), report on each chemical substance (EPA
Form 7710-35, "Manufacturer’s
Report-Preliminary Assessment Information")
that is manufactured or imported for commercial
purposes during the reporting period established
for that substance. Processors are exempt from
reporting under PAIR, as are certain
manufacturers and importers if specifically
exempted. Chemicals subject to reporting are
listed in 40 CFR 712.30. |
| Did
you manufacture, import or process 10,000 pounds
or more of any chemical substance (for a
"commercial purpose") listed on the
TSCA Chemical Substance Inventory at any single
site during the latest corporate fiscal year
prior to August 25, 1990? |
Inventory
Reporting Regulations - Persons Who Must Report 40 CFR 710.28
|
Submit
TSCA inventory update information to EPA every 4
years (after reporting periods from August 25 to
December 23, 1990). The update information must
be provided on EPA Form 7740-8 "Partial
Updating of TSCA Inventory Database Production
and Site Report". Certain manufacturers or
importers are specifically exempted from this
requirement. Volume records must be maintained
for four years on substances manufactured or
imported in amounts less than 10,000 pounds
annually, as evidence to support a decision not
to report. |
| Are
you a manufacturer, processor or distributor and
have you received allegations of significant
adverse reactions from chemical substances? |
Recordkeeping
Requirements 40 CFR
717.15
|
Maintain
records of "significant adverse reactions to
health or the environment" alleged to have
been caused by a chemical substance or mixture
(unless the alleged cause can be directly
attributed to an accident, spill or discharge). A
"significant adverse reaction" is a
reaction that may indicate substantial impairment
of normal activities, or long-lasting or
irreversible damage to health or the environment. |
| Are
you a manufacturer (including importer) who falls
within the North American Industry Classification
System (NAICS; recently replaced SIC Codes)
Subsector 325 (Chemical Manufacturing and allied
products) or Industry Group 32411 (Petroleum
Refineries)? |
Health
and Safety Data Reporting Rule 40 CFR 716.60
|
Provide
unpublished health and safety lists or study
submissions (dated since November 1, 1977) to EPA
on or before the 60th day after the effective
date of the listing of subject chemicals (40 CFR
716.20), or within 60 days of proposing to
manufacture, import, or process a listed
substance or mixture if the proposal is made
after the effective date of the listing. Submit
copies of any additional ongoing studies to EPA
within 30 days of completion if the study was
initiated during the initial 60-day reporting
period. |
| Are
you a manufacturer, processor or distributor of
chemical substances/ mixtures and have you
obtained information which reasonably supports
the conclusion that a substance or mixture
presents a substantial risk of injury to health
or the environment? |
EPA’s
TSCA Section 8(e) Policy Statement 43 Fed Reg 1111
TSCA 8(e)
|
Immediately
inform EPA of these facts unless you know that
the EPA Administrator has been adequately
informed of such information. You must report in
writing to EPA within 15 working days after
obtaining substantial risk information, and
within 15 working days after obtaining relevant
or significant supplemental data after an initial
submission of substantial risk information. |
| Are
you a manufacturer, processor or distributor of
chemical substances/ mixtures and are you aware
of an "Emergency Incident of Environmental
Contamination" |
EPA’s
TSCA Section 8(e) Policy Statement 43 Fed Reg 1111 (1978) and 56 Fed Reg
28458, 28459 (1991)
|
Immediately
report by telephone to the appropriate EPA
Regional Office. **NOTE** JUNE 20, 1991 - EPA
SUSPENDED THIS PART OF TSCA SECTION 8(E) POLICY
STATEMENT. An "Emergency Incident of
Environmental Contamination" is
environmental contamination (accident or
intentional) involving a chemical known to be a
serious human or environmental toxicant and which
because of the extent, pattern and amount of
contamination (1) seriously threatens humans with
cancer, birth defects, mutation, death, or
serious or prolonged incapacitations (e.g.,
neurotoxicologic effects, serious reproductive
system effects), or (2) seriously threatens
non-human organisms with large-scale or
ecologically significant population destruction.
If the EPA Regional Office can not be notified,
notify the National Response Center at (800)
424-8802. Within 15 days of the date of telephone
reporting, submit a written follow-up report to
EPA Headquarters. |
| Is
your facility a chemical importer? |
Chemical
Substances Import Policy 40
CFR 707.20
|
Sign
a statement certifying at the port of entry for
shipments entering the U.S. that either: (1) the
shipment is subject to TSCA and complies with all
applicable rules and orders thereunder, or (2) it
is not subject to TSCA. |
| Is
your facility a chemical exporter? |
TSCA
Section 12(a)(1)(B) 15
USC 2611(a)(1)(B)
|
Follow
reporting and recordkeeping requirements of
section 8 of TSCA. Provide a stamp or label
stating that the substance, mixture, or article
is intended for export to qualify for exemption
from other certain TSCA requirements. |
| Is
your facility making or planning to make a
shipment of a chemical substance or mixture to a
foreign country? |
Notices
of Export Under Section 12(b) 40 CFR 707.60(a)
|
Notify
EPA before shipment of any substance or mixture
for which: (1) test data is required under
Section 4 or 5(b); (2) an order has been issued
under Section 5; (3) a rule has been proposed or
issued under Section 5 or 6; or (4) an action is
pending or relief has been granted under Section
5 or 7. EPA must then notify the government of
the importing nation of such test data, rule,
order, action or relief. |
| If
your facility making or planning to make a
chemical export to a foreign country?" |
Notices
of Export under Section 12(b) 40 CFR 707.65
58 Fed Reg 40238 (7/27/93) and
59 Fed Reg 2999 (1/20/94)
|
Provide
written notice for the first export or intended
export to a foreign country in a calendar year to
EPA for each regulated substance or mixture,
under the original Export Notification Rule.
Postmark the notice within 7 days of forming the
intent to export, or on the date of export,
whichever is earlier. If the notice is prompted
by the issuance of a proposed rule, you have 30
days after publication of the rule to submit the
notice to EPA. Submit a one-time notice to EPA
for export of a Section 4 chemical substance or
mixture to a foreign country instead of an annual
notice. |
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