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. |
Back to Top |
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. |
Back to Top |
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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