Hazardous Materials

Regulation of Hazardous Materials

• Over 1000 new man-made chemical enter commerce each year

• Pose a potential risk to life, health or property if released

They can be……

• Flammable• An oxidizer• A health risk• Reactive• Corrosive• Explosive• Radioactive• Persistent

A release is……

• When a material escapes its container

• By spilling, leaking or emitting toxic vapors

• Creating a potential hazard

Underground Tanks

• Requirements found in Subtitle I of RCRA

• Applies to hazardous substances and petroleum products

• Enforced by the EPA under 40 CFR Part 280

• Installation, operation, and closure as well as cleanup of contamination

Leakage

• Corrosion

• Faulty installation

• Piping failures

• Overfills

EPA requires…..

• Leak detection system

• Maintenance of records of any release

• Reporting of releases and corrective actions

• Appropriate corrective action

• Closure of tanks

• Compliance to standards for installation of new facilities

Identifying hazardous materials

• Important for emergency responders

• Know the occupancy of a facility

• Refer to markings and labels on containers

• Identifying placards on trucks and railcars

• Examination of shipping papers and manifests

Hazardous Code Chart

• Developed by the National Fire Protection Association – NFPA

• Diamond divided into four sections– Blue – Health– Red – Fire– Yellow – Reactivity– White – Special Hazards

• Degree of hazard rated from 0-4• See figure 8-5 on page 276.

CERCLA and SARA

• Deal with past releases• Provides money and procedures to identify, clean up

and hold responsible parties liable for damages from hazardous substance contamination

• Funded through a large trust fund• CERCLA, the Comprehensive Environmental

Response, Compensation, and Liability Act, aka, Superfund, passed in 1980.

• SARA, the Superfund Amendments and Reauthorization Act of 1986, amended CERCLA to increase the fund and add Right-to-know

CERCLA and SARA: A hazardous substance is…

• Defined to include hazardous waste under RCRA

• Also includes substances regulated under the CAA, the CWA, and the Toxic Substances Control Act

• Anything reasonably anticipated to cause illness or deformation in any organism

• Both definitions exclude petroleum products

CERCLA and SARA:

• Removal actions are short term clean-up addressing problems at the surface of the site

• Remedial actions provide permanent solutions

• Remedial action can be taken only at sites on the National Priorities List – NPL

• The National Contingency Plan – NCP regulates how the EPA uses its authority and expends Superfund money

Cont. The Liability Issue

• Retroactive• Strict and Joint & Several• Strict means one is liable even if not at fault• All potentially liable (i.e. responsible) parties –

PRPs are liable • Joint & Several indicates all PRPs are liable jointly,

or can be ‘severed’ and found liable separately for a part or the whole cleanup

• Innocent landowner defense – proof of lack of knowledge after a diligent search

Cont. Site Characterization and Cleanup

• Described in the NCP (National Contingency Plan)

• A preliminary assessment leads to a site investigation

• Using the Hazard Ranking System it is determined whether the site will be put on the NPL (Natl. Priorities List)

Cont. To be put on the NPL….

• The US Dept of Health has determined that people should be restricted from the area

Or• The EPA has determined that the site poses

a significant threat to the public healthOr• The EPA believes that it is most cost

effective to use its remedial authority

Once classified, the following steps are taken…. RI/FS

• Remedial Investigation - RI - defining the nature and extent of the contamination

• Feasibility Study - FS - evaluates site cleanup alternatives

• A report is compiled and a final plan is selected • Remedial Action Plan RAP – recommends the

actual cleanup procedure• The EPA will continue to oversee the maintenance

and operation of the site (Soil and water will be monitored and facilities inspected for 15+ years)

Title III of SARA

• Emergency Planning and Right to Know Act It requires……– Emergency Planning– Emergency Notification– Community Right-to Know Reporting

Requirements– Toxic Chemical Release and Emissions

Reporting

Transportation of Hazardous Materials

The Hazardous Materials Transportation Act of 1975

• Amended in 1990, The Hazardous Materials Transportation and Uniform Safety Act

• The DOT establishes and enforces these regulations

Transportation of Hazardous Materials, Cont.

• Transporters must use authorized packaging and clearly communicate onboard hazards

• DOT defines nine hazard classes (Figure 8-7)

• The Hazardous Materials Table provides necessary info on shipping name, hazard class, labels and packaging (describes the shipment)

Transportation of Hazardous Materials, Cont.

• Hazardous materials must be shipped accompanied by a shipping papers

• Hazardous waste with the Uniform Hazardous Waste Manifest

Other Agencies involved in transport regulation include….

• NRC

• EPA

• OSHA

• DOE

• DOD

• FEMA

FIFRA

• Federal Insecticide, Fungicide and Rodenticide Act

• Pesticide producers must register their products with the EPA

• Classified as general or restricted

• Applicators of restricted pesticides must be certified.

TSCA

• Toxic Substances Control Act

• Administered by the EPA

• Controls chemical substances entering commerce

TSCA, cont. PCBs

• Regulated under TSCA• Use banned in 1978• Chemically stable, resistant to degradation, low

solubility in water, high in fats and oils, low vapor pressure, low flammability, high heat capacity, low electrical conductivity

• Bioaccumulate, biomagnify, persistent – All issues associated w/ the Hudson River/GE dredging

project.