WHICH INDUSTRIES CAN BENEFIT FROM CITATION MANAGE™?
In Short, All of Them!
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The Agriculture, Forestry, and Fishing sector is comprised of establishments primarily engaged in growing crops, raising animals, harvesting timber, and harvesting fish and other animals on a farm, ranch, or from their natural habitats. Additional regulatory information may also be available from the US Department of Agriculture (USDA) and the US Food and Drug Administration (FDA).
Applicable law and regulatory subject areas: Below is a general description of EPA’s requirements, and should only be used as a guide. Since rules and regulations may change, use this information as a starting place to determine which regulations apply to your agricultural operation. Many States have similar requirements to EPA’s but may be more stringent or broader in scope.
National Emission Standards for Hazardous Air Pollutants (NESHAP) - The intent of these standards is to reduce emissions of hazardous air pollutants (HAP) from existing and new facilities that manufacture organic pesticide active ingredients (PAI) used in herbicides, insecticides, and fungicides. The major HAP emitted by these facilities include toluene, methanol, methyl chloride, and hydrogen chloride (HCl). All of these pollutants can cause reversible or irreversible toxic effects following exposure. 40 CFR Part 63 Subpart MMM
Area Source Boilers - On March 21, 2011, EPA issued final emission standards to reduce emissions of toxic air pollutants from industrial, commercial, and institutional boilers located at area source facilities. An area source facility emits or has the potential to emit less than 10 tons per year of any single air toxic or less than 25 tons per year of any combination of air toxics. The final rule covers boilers located at area source facilities that burn coal, oil, or biomass, but not boilers that burn only gaseous fuels or any solid waste. The rule establishes standards to address emissions of mercury, particulate matter (as a surrogate for non-mercury metals), and carbon monoxide (as a surrogate for organic air toxics). 40 CFR Part 63 Subpart JJJJJJ
Major Source Ioilers and Process Heaters - EPA has promulgated national emission standards for hazardous air pollutants from three major source categories: Industrial boilers, commercial and institutional boilers, and process heaters. The final emission standards for control of mercury, hydrogen chloride, particulate matter (as a surrogate for non-mercury metals), and carbon monoxide (as a surrogate for organic hazardous emissions) from coal-fired, biomass-fired, and liquid-fired major source boilers are based on the maximum achievable control technology. In addition, all major source boilers and process heaters are subject to a work practice standard to periodically conduct tune-ups of the boiler or process heater. 40 CFR Part 63 Subpart DDDDD
National Pollutant Discharge Elimination System (NPDES) - The NPDES permit program addresses water pollution by regulating point sources that discharge pollutants to waters of the United States. Created in 1972 by the Clean Water Act, the NPDES permit program is authorized to state governments by EPA to perform many permitting, administrative, and enforcement aspects of the program. 40 CFR 122.26
Title V Permit - If aggregate of non-fugitive emissions of any regulated pollutant exceeds 100 tpy. Also, generally, sources that are major under Section 112, Section 302, or Part D of title I are also considered major under title V and required to obtain a title V permit. 40 CFR Part 70; 40 CFR Part 71; 40 CFR §68.215
New Source Review / Prevention of Significant Deterioration permit - The source must apply for a permit if aggregate of non-fugitive emissions of any regulated pollutant exceeds a certain threshold amount depending on the attainment/non-attainment status of the area and on the pollutant. This requirement applies to new sources as well as to major modifications of sources. 40 CFR Part 51 Subpart I; 40 CFR 52.21
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) - The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides for federal regulation of pesticide distribution, sale, and use. All pesticides distributed or sold in the United States must be registered (licensed) by EPA. Before EPA may register a pesticide under FIFRA, the applicant must show, among other things, that using the pesticide according to specifications "will not generally cause unreasonable adverse effects on the environment.” 7 U.S.C. §136 et seq.
Pesticide Labels - Pesticide product labels provide critical information about how to safely and legally handle and use pesticide products. Unlike most other types of product labels, pesticide labels are legally enforceable, and all of them carry the statement: “It is a violation of Federal law to use this product in a manner inconsistent with its labeling.” In other words, the label is the law. EPA requires extensive scientific data on the potential health and environmental effects of a pesticide before granting a registration, which is a license to market that product in the United States. 40 CFR Part 156
Worker Protection Standard (WPS) - EPA's Agricultural Worker Protection Standard (WPS) aims to reduce pesticide poisonings and injuries among agricultural workers and pesticide handlers. The WPS offers occupational protections to over 2 million agricultural workers and pesticide handlers who work at over 600,000 agricultural establishments. 40 CFR Part 170
Certification Standards for Pesticide Applicators - These standards are established to help keep our communities safe, protect the environment and reduce risk to those applying pesticides. A person is a certified applicator for purposes of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq., only if the person holds a certification issued pursuant to a plan approved in accordance with this part and currently valid in the pertinent jurisdiction. As provided in FIFRA section 12(a)(2)(F), it is unlawful for any person to make available for use or to use any pesticide classified for restricted use other than in accordance with the requirements of this part. 40 CFR Part 171
Pesticide Containers - The pesticide container regulations establish standards for pesticide containers and repackaging as well as label instructions to ensure the safe use, reuse, disposal and adequate cleaning of the containers. Pesticide registrants and refillers (who are often distributors or retailers) must comply with the regulations, and pesticide users must follow the label instructions for cleaning and handling empty containers. 40 CFR Part 165 and 40 CFR Part 156 Subpart H
Pesticide Storage - For pesticides in small portable containers, such as 55-gallon drums or smaller containers, EPA regulates pesticide storage through specific storage instructions on pesticide labels. Pesticide storage instructions are required by 40 CFR 156.10(i)(2)(ix). Refer to Chapter 13 of the Label Review Manual for guidance on developing pesticide storage instructions.
Pesticide Disposal - The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) governs the sale, distribution and use of pesticides in the United States. Pesticides are regulated under FIFRA until they are disposed, after which they are regulated under the Resource Conservation and Recovery Act (RCRA), which ensures responsible management of hazardous waste and non-hazardous solid waste. 40 CFR Parts 239 through 282. Refer to Chapter 13 of the Label Review Manual for guidance on developing pesticide disposal instructions.
Waste pesticides - A pesticide becomes a waste when: A facility participates in a recall of the pesticide; or a facility decides to discard it. A pesticide is a hazardous waste only when: Its sole active ingredient is found on the P or U list (40 CFR 261.33); or it exhibits a hazardous waste characteristic (i.e., ignitable, corrosive, reactive, or toxic).
Drinking water - Farms providing for human consumption (e.g., drinking, showering) from its own source to 25 people or through 15 service connections for more than 59 days/year 40 CFR 141.93
Stationary Engines or Reciprocating Internal Combustion Engines (RICE) - The engine must comply with this regulation if it is located at a facility whose emissions are at least 10tpy of one HAP or 25tpy of total HAP and if the engine itself is at least 500 HP. 40 CFR Part 63, subpart ZZZZ; 40 CFR Part 60, subpart JJJJ; 40 CFR Part 60, subpart IIII
Mobile Source Program - The Mobile Source Air Toxics (MSAT) rules reduce hazardous air pollutants, also known as air toxics, emitted by cars and trucks. Manufacturers of farm vehicles, engines, equipment and fuels. are subject to various mobile source requirements, similar to other similar users/operators of highway and off-road vehicles, engines, equipment, and fuel. 40 CFR 60.4247
Spill Prevention Control and Countermeasures (SPCC) - Farm that stores, transfers, uses, or consumes oil or oil products, such as diesel fuel, gasoline, lube oil, hydraulic oil, adjuvant oil, crop oil, vegetable oil, or animal fat; and stores more than 2,500 U.S. gallons in aboveground containers; and could reasonably be expected to discharge oil to waters of the United States or adjoining shorelines, such as interstate waters, intrastate lakes, rivers, and streams. 40 CFR 112.7
Facility Response Plan (FRP) - Any farm/facility storing 1,000,000 gallons or more of oil and meets certain harm factors or storing 42,000 gallons or more and transfers oil to/from vessels. 40 CFR 112.20 and 40 CFR 112.21
Underground storage tanks (UST) - Farms with underground storage tanks with a capacity of more than 1,100 gallons of motor fuel. Farm and residential USTs and their associated underground piping holding less than 1,100 gallons of motor fuel for non-commercial purposes, tanks holding less than 110 gallons, tanks holding heating oil used on the premises, septic tanks, and other listed tanks are excluded from regulations. 40 CFR Part 280
Oil Pollution Prevention - Applies to any farm that has a discharge of oil that may reach navigable waters or adjoining shoreline. Report spills of oil that reach waterways to the National Response Center. 40 CFR 112.7
Air program/Asbestos - The Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) is intended to minimize the release of asbestos fibers during activities involving the handling of asbestos. Accordingly, it specifies work practices to be followed during renovations of buildings. 29 CFR 1910.1001
TSCA Lead Program - EPA's Lead Renovation, Repair and Painting Rule (RRP Rule) requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities and pre-schools built before 1978 have their firm certified by EPA (or an EPA authorized state), use certified renovators who are trained by EPA-approved training providers and follow lead-safe work practices. 40 CFR Part 745
Wetlands/404 Program - Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands. Activities in waters of the United States regulated under this program include fill for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects. Section 404 requires a permit before dredged or fill material may be discharged into waters of the United States, unless the activity is exempt from Section 404 regulation (e.g., certain farming and forestry activities). 33 U.S.C. 1344
Underground Injection Control - Farms operating injection well(s) must submit injection well inventory information; must not endanger underground sources of drinking water. 40 CFR parts 144; 40 CFR parts 145; 40 CFR parts 146; 40 CFR parts 147
Subtitle C hazardous waste - Applies to farms that generate, transport, treat, store or dispose of hazardous waste. Required to properly handle listed and characteristic hazardous waste. 40 CFR Part 261 Subpart C
Emergency Planning & Community Right to Know Act (EPCRA) - Any farm handling more than a threshold quantity of extremely hazardous substances or substances requiring an Occupational Safety and Health Administration (OSHA) material safety data sheet (MSDS) must report inventory of certain extremely hazardous substances to State and local planning entities. 42 U.S.C. 116
Risk Management Program and Plan (RMP) - Facilities that handle more than a threshold quantity of certain toxic and/or flammable substances must implement a chemical accident program and prepare and submit a Risk Management Plan (RMP) to EPA. 40 CFR 68
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Included in the Automotive Sectors are Transportation Equipment Manufacturing, Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers, and Automotive Repair and Maintenance.
Industries and facilities in these sectors engage motor vehicle manufacturing, sales and salvage, and repair and maintenance services, for cars, trucks, trailers, and other motor vehicles.
Applicable law and regulatory subject areas:
Significant New Alternatives Policy (SNAP) - Under Section 612 of the Clean Air Act EPA’s SNAP program looks to identify and evaluate substitutes for ozone-depleting substances. Automotive related substitutes include: Metals Cleaning, Motor Vehicle Air Conditioning
Surface Coating of Automobiles and Light-Duty Trucks: National Emission Standards for Hazardous Air Pollutants (NESHAP) - This rule implements section 112(d) of the Clean Air Act (CAA) by requiring these operations to meet hazardous air pollutants (HAP) emission standards reflecting the application of the maximum achievable control technology. The primary HAP emitted by these operations are toluene, xylene, glycol ethers, methyl isobutyl ketone, ethylbenzene, and methanol. 40 CFR Part 63 Subpart IIII
Halogenated Solvent Cleaning: National Emission Standards for Hazardous Air Pollutants (NESHAP) - The halogenated solvent cleaner NESHAP requires batch vapor solvent cleaning machines and inline solvent cleaning machines to meet emission standards reflecting the application of the maximum achievable control technology for major and area sources. The rule regulates the emissions of the following halogenated hazardous air pollutants solvents: methylene chloride (MC), perchloroethylene (PCE), trichloroethylene (TCE), 1,1,1- trichloroethane (TCA), carbon tetrachloride (CT), and chloroform (C). 40 CFR Part 63 Subpart T
Industrial, Commercial, and Institutional Area Source Boilers: National Emission Standards for Hazardous Air Pollutants (NESHAP) - This rule covers boilers located at area source facilities that burn coal, oil, or biomass, but not boilers that burn only gaseous fuels or any solid waste. It also establishes standards to address emissions of mercury, particulate matter (as a surrogate for non-mercury metals), and carbon monoxide (as a surrogate for organic air toxics). 40 CFR Part 63 Subpart JJJJJJ
Industrial, Commercial, and Institutional Boilers and Process Heaters: National Emission Standards for Hazardous Air Pollutants (NESHAP) for Major Sources - This rule establishes emission standards for control of mercury, hydrogen chloride, particulate matter (as a surrogate for non-mercury metals), and carbon monoxide (as a surrogate for organic hazardous emissions) from coal-fired, biomass-fired, and liquid-fired major source boilers are based on the maximum achievable control technology. In addition, all major source boilers and process heaters are subject to a work practice standard to periodically conduct tune-ups of the boiler or process heater. 40 CFR Part 63 Subpart DDDDD
Motor Vehicle Waste Disposal Wells - Motor vehicle waste disposal wells are regulated as Class V injection wells. Typical motor vehicle waste disposal wells are floor drains or sinks in service bays that connect to a septic system or dry well. However, any underground system that receives motor vehicle waste is considered to be a motor vehicle waste disposal well. For example, cesspools, catchbasins, and sink holes are considered motor vehicle waste disposal wells if they receive motor vehicle waste. 40 CFR Part 144 Subpart G
Electroplating Effluent Guidelines - Electroplating applies a surface coating (typically by electrodeposition) to provide corrosion protection, wear or erosion resistance, anti-frictional characteristics or for decorative purposes. The regulation applies to processes that apply metallic coatings on surfaces by electrodeposition, and that were in operation before July 15, 1983, at facilities that discharge their wastes to public owned treatment works. 40 CFR Part 413 Note: Processes that began operating on or after that date, at indirect dischargers, are subject to the Metal Finishing category, 40 CFR Part 433 All direct discharging electroplaters are also covered by the Metal Finishing category.
Metal Finishing Effluent Guidelines - Metal finishing is the process of changing the surface of an object, for the purpose of improving its appearance and/or durability. The Metal Finishing Effluent Guidelines are incorporated into NPDES permits for direct dischargers, and permits or other control mechanisms for indirect dischargers. 40 CFR Part 433
Metal Products and Machinery (MP&M) Effluent Guidelines - The MP&M effluent limitations apply to about 2,400 facilities that manufacture, rebuild, or maintain finished metal products, parts, or machines, and generate oily wastewater. The MP&M regulation covers only direct dischargers and the requirements are incorporated into NPDES permits. 40 CFR Part 438
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The construction sector comprises establishments primarily engaged in the construction of buildings or engineering projects (e.g., highways and utility systems). Establishments primarily engaged in the preparation of sites for new construction and establishments primarily engaged in subdividing land for sale as building sites also are included in this sector.
Applicable law and regulatory subject areas may include Air, General, Lead, Waste, and Water.
Air program/Asbestos - The Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) is intended to minimize the release of asbestos fibers during activities involving the handling of asbestos during construction type activities. Accordingly, it specifies work practices to be followed during renovations of buildings to ensure employee safety. 29 CFR 1926.1101
Lead Standards - OSHA Standards for lead in building materials and construction activities. 29 CFR 1926.62
Refrigerant Management - Practice for recycling CFCs, HCFCs and their blends during the servicing and disposal of residential and commercial air conditioning equipment. Contains recovery equipment technicians’ certification and recordkeeping requirements. 40 CFR 82, Subpart F
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Industries in the Educational Services sectors provide instruction and training in a wide variety of subjects. Establishments in this sector include elementary and secondary schools, junior colleges and colleges, universities, and professional schools.
Applicable law and regulatory subject areas:
Industrial, Commercial, and Institutional Area Source Boilers: National Emission Standards for Hazardous Air Pollutants (NESHAP) - This rule establishes emission standards to reduce emissions of toxic air pollutants from industrial, commercial, and institutional boilers located at area source facilities. An area source facility emits or has the potential to emit less than 10 tons per year of any single air toxic or less than 25 tons per year of any combination of air toxics. 40 CFR Part 63 Subpart JJJJJJ
Industrial, Commercial, and Institutional Boilers and Process Heaters: National Emission Standards for Hazardous Air Pollutants (NESHAP) for Major Sources - This rule establishes emission standards for hazardous air pollutants from three major source categories: Industrial boilers, commercial and institutional boilers, and process heaters. 40 CFR Part 63 Subpart DDDDD
The Asbestos Hazard Emergency Response Act (AHERA) - This act and its regulations requires public school districts and non-profit schools including charter schools and schools affiliated with religious institutions to: 1. Inspect their schools for asbestos-containing building material 2. Prepare management plans and to take action to prevent or reduce asbestos hazards. Removal of these materials is not usually necessary unless the material is severely damaged or will be disturbed by a building demolition or renovation project. 15 U.S.C. 53 Subchapter II
Refrigerant Management - Practice for recycling CFCs, HCFCs and their blends during the servicing and disposal of commercial air conditioning equipment. Contains recovery equipment technicians’ certification and recordkeeping requirements. 40 CFR 82, Subpart F
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Electric Utilities - Electric power generation, transmission and distribution are part of the utilities sector. This sector includes all electric generating facilities powered by fossil fuels, including coal, petroleum, or gas as the power source.
Renewable Energy - hydro, biofuels, geothermal, solar, wind
Mining - Coal companies could be classified as energy companies since coal is used to power plants, including nuclear.
Oil, Gas Drilling, and Production - petroleum products, oil, natural gas. gasoline, diesel fuel, heating oil
Pipeline and Refining - Oil and natural gas must be delivered from the production site to a refinery to be refined into a final product such as gasoline. Companies within this portion of the energy sector are called mid-stream providers.
Transporters - Fleet of vessels to transport crude oil, liquefied natural gas and our refined products worldwide
Applicable law and regulatory subject areas may include Air, Waste, and Water.
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Most firearm and ammunition manufacturers, outdoor gun clubs and those with indoor shooting ranges must comply with OSHA regulations. These regulations apply to “Workers,” which are those people who receive a tangible benefit from employment or receive work instruction. As such, even non-profit organizations, which do not have “employees,” fall under these regulations. However, members of a club or range, who do not receive some form of direct benefit or receive work instructions are not included as workers.
Applicable law and regulatory subject areas for manufacturers, clubs and ranges include:
Lead Standard - There must be an initial determination made by the Bureau of Occupational and Industrial Safety (BOIS) that the outdoor range falls within the safety lead standards. Recordkeeping of the initial determination is mandatory. 29 C.F.R. 1910.1025
Eye Protection - Eye protection is required. 29 C.F.R. 1910.133: ANSI Z87.1-2020
Noise Exposure - Where the manufacturing process or gunfire exceeds “permissible noise exposure” levels, hearing protection or implementation of a Hearing Conservation Program is required. 29 C.F.R. 1910.95
Lead as Hazardous Waste - Pursuant to 40 C.F.R.261.3, lead is hazardous waste, regardless of whether utilized in the manufacturing process or expended at a range. As such, you must have a lead abatement plan and potentially a respiratory protection program. Moreover, while the Resource Conservation & Recovery Act (RCRA), 40 C.F.R. 261.4(a)(13) or 40 CFR §261.6(a)(3)(ii), allows the recycling of lead as a scrap metal, there are recordkeeping requirements with the recycling. You must keep logs of when the scrap lead was removed, by whom, who the smelter was, if a different person, and the manufacturer, club or range should have a signed receipt by the smelter stating that he took X amount of lead for recycling. Such recordkeeping will ensure that lead is not being dumped in playgrounds or in fields, instead of being recycled.
Clean Water Act - Under no circumstances should anyone even consider shooting into any water or waterway, including a dry riverbed. The waterways that fall under this Act are the “Waters of the U.S.,” which are defined by the U.S. Corp of Engineers. Many individuals have been arrested and prosecuted for merely shooting into a small pond, with no observable water inlet or outlet, because the Corp determined that it was “Waters of the U.S.” 33 U.S.C. 26
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The Health Care and Social Assistance sector comprises establishments providing health care and social assistance for individuals. The industries in this sector include physician's offices, hospitals, medical laboratories, nursing homes, and youth and family service centers.
Applicable law and regulatory subject areas:
Greenhouse Gas Reporting Program (GHGRP) - The GHGRP requires reporting of greenhouse gas (GHG) data and other relevant information from large GHG emission sources, fuel and industrial gas suppliers, and CO2 injection sites in the United States. Approximately 8,000 facilities are required to report their emissions annually, and the reported data are made available to the public in October of each year.
Facilities are generally required to submit annual reports under Part 98 if:
GHG emissions from covered sources exceed 25,000 metric tons CO2e per year.
Supply of certain products would result in over 25,000 metric tons CO2e of GHG emissions if those products were released, combusted, or oxidized.
The facility receives 25,000 metric tons or more of CO2 for underground injection.
States, cities, and other communities can use EPA’s greenhouse gas data to find high-emitting facilities in their area, compare emissions between similar facilities, and develop common-sense climate policies. 40 CFR Part 98
Commercial Sterilizers - This final rule applies to any existing or new hospital ethylene oxide sterilization facility that is an area source of hazardous air pollutants. 40 CFR Part 63 Subpart WWWWW
Hospital / Medical / Infectious Waste Incinerators (HMIWI) - This rule sets limits for nine pollutants under Clean Air Act (CAA) section 129: Cadmium, carbon monoxide, hydrogen chloride, lead, mercury, nitrogen oxides, particulate matter, polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans, and sulfur dioxide. 40 CFR Part 60 Subpart Ce; 40 CFR Part 60 Subpart Ec; 40 CFR Part 62 Subpart HHH
Pharmaceutical Production Industry - This rule sets emission standards for hazardous air pollutants (HAP) that apply to major source facilities which produce pharmaceutical products. The major HAP emitted by these facilities include methylene chloride, methanol, toluene, and hydrogen chloride. 40 CFR Part 63 Subpart GGG
Medical Waste - Medical waste is a subset of wastes generated at health care facilities, such as hospitals, physicians' offices, dental practices, blood banks, and veterinary hospitals/clinics, as well as medical research facilities and laboratories. Generally, medical waste is healthcare waste that that may be contaminated by blood, body fluids or other potentially infectious materials and is often referred to as regulated medical waste. Medical waste is primarily regulated by state environmental and health departments. EPA has not had authority, specifically for medical waste, since the Medical Waste Tracking Act (MWTA) of 1988 expired in 1991. It is important to contact your state environmental program first when disposing of medical waste. Please refer to the State Medical Waste Regulations website for state specific obligations.
Dental Amalgam Effluent Guidelines - Dental offices discharge mercury present in amalgam used for fillings. Amalgam separators are a practical, affordable and readily available technology for capturing mercury and other metals before they are discharged into sewers that drain to POTWs. Once captured by a separator, mercury can be recycled. 40 CFR Part 441
Pharmaceutical Manufacturing Effluent Guidelines - This regulation applies to facilities organized into five subcategories: Fermentation Products, Extraction Products, Chemical Synthesis Products, Mixing/Compounding and Formulation, Research. The Effluent Guidelines are incorporated into NPDES permits for direct dischargers, and permits or other control mechanisms for indirect dischargers. 40 CFR Part 439
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Aerospace & Defense
Aluminum
Chemical Manufacturing
Computer & Electronic Products
Film
Food & Beverage Processing
Household goods
Iron & Steel Mills
Pharmaceutical and Medicine
Plastics & Rubber Products
Printing and Related Support Activities
Semiconductor
Ship & Boat Building
Textile Manufacturing
Wood Product and Paper
Applicable law and regulatory subject areas may include Air, Asbestos, Emergencies, General, Greenhouse Gases, Lead, Pesticides, Toxic Substances, Waste, and Water.
Waste - Used Oil Management requirements for generators, collection centers, transporters and transfer facilities. 40 CFR 279
Toxic Substance Control Act – 40 CFR 761 sections 40 -45 marking equipment which contains Polychlorinated Biphenyl (PCB); Sections 50 – 79 Storage and disposal of PCB material Sections 120 – 135 Cleanup of spills containing PCB.
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As a subset of the mining, quarrying, oil and gas extraction sector, mining includes: metal and nonmetallic mineral mining, which may involve: quarrying, well operations, beneficiating (e.g., crushing, screening, washing, and flotation), other preparation customarily performed at the mine site, or as a part of mining activity.
Applicable law and regulatory subject areas:
Greenhouse Gas Reporting Program (GHGRP) - The GHGRP requires reporting of greenhouse gas (GHG) data and other relevant information from large GHG emission sources, fuel and industrial gas suppliers, and CO2 injection sites in the United States. Approximately 8,000 facilities are required to report their emissions annually, and the reported data are made available to the public in October of each year.
Facilities are generally required to submit annual reports under Part 98 if:
GHG emissions from covered sources exceed 25,000 metric tons CO2e per year.
Supply of certain products would result in over 25,000 metric tons CO2e of GHG emissions if those products were released, combusted, or oxidized.
The facility receives 25,000 metric tons or more of CO2 for underground injection.
States, cities, and other communities can use EPA’s greenhouse gas data to find high-emitting facilities in their area, compare emissions between similar facilities, and develop common-sense climate policies. 40 CFR Part 98
Gold Mine Ore Processing and Production (Area Sources) - Gold ore processing and production facilities extract gold from mined ore. This rule sets emission standards for Hazardous Air Pollutants for gold ore processing and production facilities, which are the seventh largest source of mercury air emission in the United States. 40 CFR Part 63 Subpart EEEEEEE
Taconite Iron Ore Processing - This rule implements section 112(d) of the Clean Air Act and address emissions of hazardous air pollutants (HAP) from new and existing ore crushing and handling operations, ore dryers, indurating furnaces, and finished pellet handling operations located at taconite iron ore processing facilities that are, or are part of, a major source of HAP. Specifically, this rule requires the application of the maximum achievable control technology to the affected sources listed above. 40 CFR Part 63 Subpart RRRRR
Commencement or Closure - Notification of commencement of operations and closing of mines - before starting operations, the owner, operator, or person in charge of any metal and nonmetal mine shall notify the nearest MSHA district or field office of the approximate or actual date the mine operation will commence. 30 CFR 56.1000
Operators must take measures that will “prevent or control on-site and off-site damage to the environment and forest surface resources”, including erosion control, water run-off control, toxic materials control, reshaping and re-vegetation where reasonably practicable, and rehabilitation of fish and wildlife habitat. 36 CFR 228.8(g)
Health and Safety - The Mine Safety and Health Administration (MSHA) regulations set out detailed safety and health standards for preventing hazardous and unhealthy conditions, including measures addressing fire prevention, air quality, explosives, aerial tramways, electricity use, personal protection, illumination and others (safety and health standards for surface metal and non-metal mines). 30 CFR 56.1-56.20014
MSHA regulations also establish requirements for: testing, evaluating, and approving mining products; miner and rescue team training programmes; and notification of accidents, injuries, and illnesses at the mine. 30 CFR 5.10-36.50; 30 CFR 46.1-49.60; 30 CFR 50.10
Asbestos - Surface Mines: exposure limits, engineering controls, and respiratory protection measures for workers in surface mines. 30 CFR part 56, subpart D
Underground Mines: exposure limits, engineering controls, and respiratory protection measures for workers in underground mines. 30 CFR part 57, subpart D
Clean Air Act - sets air quality standards. 42 U.S.C. 85
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) - requires reporting of hazardous substance releases and inventory of chemicals handled. 42 U.S.C. 103
Endangered Species Act - lists threatened plants and animals; protection plans mandated. 16 U.S.C. 35
Federal Land Policy and Management Act - prevents undue and unnecessary degradation of federal lands. 43 U.S.C. 35
Federal Water Pollution Control Act (Clean Water Act) - directs standards for surface water quality and controlling discharges to surface water. 33 U.S.C. 26
Migratory Bird Treaty Act - protects nearly all bird species. 16 U.S.C. 7 Subchapter II
National Environmental Policy Act (NEPA) - requires an interdisciplinary approach to environmental decision making. 42 U.S.C. 55
Safe Drinking Water Act - directs standards for quality of drinking water supplied to the public (states are primary authorities) and regulating underground injection operations. 42 U.S.C. 300f through 300j-27
Solid Waste Disposal Act - regulates generation, storage and disposal of hazardous waste and manages solid, non-hazardous waste (states). 42 U.S.C. 82
Surface Mining Control and Reclamation Act - regulates coal mining operations and reclamation. 30 U.S.C. 25
Toxic Substance Control Act - requires regulation of chemicals that present risk to health or environment. 15 U.S.C. 53
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Establishments in the public administration sector perform legislative, judicial, and administrative functions as governmental or intergovernmental entities. Several EPA regulations affect all types of public administration industries, and some resources listed here apply to specific categories.
Applicable law and regulatory subject areas:
Municipal Solid Waste Landfills - The hazardous air pollutants (HAP) emitted by municipal solid waste (MSW) landfills include, but are not limited to, vinyl chloride, ethyl benzene, toluene, and benzene. Each of the HAP emitted from MSW landfills can cause adverse health effects provided sufficient exposure. This rule adds startup, shutdown, and malfunction (SSM) requirements, adds operating condition deviations for out-of-bounds monitoring parameters, requires timely control of bioreactor landfills, and changes the reporting frequency for one type of report. 40 CFR Part 63 Subpart AAAA
Public Drinking Water System Programs - Providing safe drinking water is a partnership that involves EPA, the states, tribes, water systems, and water system operators. A public water system provides water for human consumption through pipes or other constructed conveyances to at least 15 service connections or serves an average of at least 25 people for at least 60 days a year. A public water system may be publicly or privately owned. EPA sets legal limits on over 90 contaminants in drinking water. This Quick Reference Guide provides documents that include critical deadlines for drinking water systems and states and monitoring requirements. 40 CFR 141
Greenhouse Gas Reporting - Mandatory reporting at the federal level (many states also have reporting rules) applies only to large GHG emission sources, fuel and industrial gas suppliers, and carbon dioxide injection sites.
Facilities are generally required to submit annual reports under Part 98 if:
GHG emissions from covered sources exceed 25,000 metric tons CO2e per year.
Supply of certain products would result in over 25,000 metric tons CO2e of GHG emissions if those products were released, combusted, or oxidized.
The facility receives 25,000 metric tons or more of CO2 for underground injection.
Proactively tracking GHG prepares a business for any future regulatory programs that could be developed. If current trends hold true, requirements to track and reduce GHG emissions will certainly continue to increase. 40 CFR Part 98
Industrial, Commercial, and Institutional Area Source Boilers: National Emission Standards for Hazardous Air Pollutants (NESHAP) - This rule covers boilers located at area source facilities that burn coal, oil, or biomass, but not boilers that burn only gaseous fuels or any solid waste. It also establishes standards to address emissions of mercury, particulate matter (as a surrogate for non-mercury metals), and carbon monoxide (as a surrogate for organic air toxics). 40 CFR Part 63 Subpart JJJJJJ
Industrial, Commercial, and Institutional Boilers and Process Heaters: National Emission Standards for Hazardous Air Pollutants (NESHAP) for Major Sources - This rule establishes emission standards for control of mercury, hydrogen chloride, particulate matter (as a surrogate for non-mercury metals), and carbon monoxide (as a surrogate for organic hazardous emissions) from coal-fired, biomass-fired, and liquid-fired major source boilers are based on the maximum achievable control technology. In addition, all major source boilers and process heaters are subject to a work practice standard to periodically conduct tune-ups of the boiler or process heater. 40 CFR Part 63 Subpart DDDDD
Refrigerant Management - Practice for recycling CFCs, HCFCs and their blends during the servicing and disposal of commercial air conditioning equipment. Contains recovery equipment technicians’ certification and recordkeeping requirements. 40 CFR 82, Subpart F
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The waste management industry is responsible for the collection, transportation, and disposal of solid waste. This includes both household and commercial waste. It is also responsible for the management of hazardous waste disposal.
There are many different waste management industries involved in industrial waste disposal, each with its own specialties and methods of operation. Some of the most common waste management industries include:
1. Recycling companies: These businesses collect recyclable materials from businesses and households and then process and sell them to manufacturers who use them to create new products.
2. Waste-to-energy plants: These facilities use waste materials to generate electricity, heat, or other forms of energy.
3. Landfills: Landfills are facilities that bury various types of waste in the ground.
4. Other: Hazardous waste generators, government agencies and small businesses, retail stores, gas stations with underground petroleum tanks.
Applicable law and regulatory subject areas:
Universal Waste Program - EPA’s universal waste regulations streamline the hazardous waste management standards for certain categories of hazardous waste that are commonly generated by a wide variety of establishments.
There five types of universal waste: Batteries, Pesticides, Mercury-Containing Equipment, Lamps, and Aerosol Cans.
There are also four types of regulated participants in the universal waste system:
Small quantity handlers of universal waste (accumulates less than 5,000 kg of universal waste),
Large quantity handlers of universal waste (accumulates 5,000 kg or more of universal waste),
Universal waste transporters and,
Universal waste destination facilities.
In general, materials managed as universal waste can be stored for a year and are not required to be shipped with a manifest or by a hazardous waste transporter. In addition, once subject to the universal waste regulations, universal wastes do not need to be counted toward a generator’s category (i.e. very small quantity generator, small quantity generator, or large quantity generator). The universal waste regulations do require that the materials be managed in a way that prevents releases to the environment. The requirements are tailored to each specific type of universal waste and differ for small quantity handlers and large quantity handlers. Finally, the standards also include a labeling requirement, a requirement to respond to releases, and a requirement for universal waste to ultimately be managed at a facility that is permitted or otherwise designated for receiving hazardous waste, like a hazardous waste recycler. 40 CFR Part 273
The Resource Conservation and Recovery Act (RCRA) - This law creates the framework for the proper management of hazardous and non-hazardous solid waste. It gives EPA the authority to control hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage and disposal of hazardous waste. 40 CFR 239 through 282
Hazardous Waste - Hazardous waste is regulated under Subtitle C of RCRA. EPA may authorize states to implement key provisions of hazardous waste requirements in lieu of the federal government. If a state program does not exist, EPA directly implements the hazardous waste requirements in that state. Subtitle C regulations set criteria for hazardous waste generators, transporters, and treatment, storage and disposal facilities. This includes permitting requirements, enforcement and corrective action or cleanup. 40 CFR 260 through 273
Non-hazardous Waste - Non-hazardous solid waste is regulated under Subtitle D of RCRA. Regulations established under Subtitle D ban open dumping of waste and set minimum federal criteria for the operation of municipal waste and industrial waste landfills, including design criteria, location restrictions, financial assurance, corrective action (cleanup), and closure requirement. States play a lead role in implementing these regulations and may set more stringent requirements. In absence of an approved state program, the federal requirements must be met by waste facilities. 40 CFR 239 through 259
Used oil and underground storage tanks - EPA presumes that used oil is to be recycled unless a used oil handler disposes of used oil, or sends used oil for disposal. Approximately 542,000 underground storage tanks (USTs) nationwide store petroleum or hazardous substances. The greatest potential threat from a leaking UST is contamination of groundwater, the source of drinking water for nearly half of all Americans. 40 CFR 279 through 282
Categories of Hazardous Waste Generators - A generator is any person who produces a hazardous waste as listed or characterized in 40 CFR 261. You will need to calculate what type of generator you are based on the three levels provided by the EPA.
Your level will vary upon the monthly amount of waste your company produces overall, such as:
Very Small Quantity Generators (VSQGs) may only generate up to 220 pounds (100 kilograms) or less of waste per month.
Small Quantity Generators (SQGs) generate more than 220 pounds (100 kilograms), but less than 2,205 pounds (1,000 kilograms) of hazardous waste per month.
Large Quantity Generators (LQGs) generate 2,205 pounds (1,000 kilograms) or more of waste per month.
Please also note that while these federal classifications hold true for most states, some have their own set limits on the amount of waste that a generator may produce or store that may differ from or conflict with EPA requirements and categories. Accordingly, each state may have their own stipulations on storage and transportation requirements as well.
Recycling - The United States does not have a nationwide recycling regulation that requires businesses to recycle. Although this is the case, many state and local governments have introduced their own waste and recycling mandates that commercial businesses must follow:
Lanfill Bans: Landfill bans make disposing of specific items in a landfill illegal. 49 states currently have landfill bans for items that cause environmental damage like batteries, untreated medical waste, computers, and more. State-by-State Guide
Mandatory State Recycling Laws: According to NERC, 27 states currently have mandatory recycling requirements including Pennsylvania, Ohio, Illinois, Texas, Washington, and California. Batteries, computers, newspapers, glass containers, aluminum cans, and cardboard are among the most common materials included in these mandates. If your state government doesn't mandate recycling, your local government might. State Disposal Bans & Mandatory Recycling Law List
Mandatory Commercial Recycling: More and more local governments are introducing regulations that require commercial businesses to recycle. In California, recycling and composting is mandatory for businesses that generate more than 4 cubic yards of solid waste per week. Likewise, Seattle adopted mandatory commercial recycling and requires businesses to separate paper, cardboard, glass, plastic bottles & jars, and aluminum cans.
Mandatory E-Waste Laws: 25 states currently have established a statewide electronic waste program. California was the first state to adopt an electronic waste recycling program called the Electronic Waste Recycling Act of 2003, which established a funding system for collecting and recycling certain electronic waste. 24 states followed California's lead and adopted e-waste recycling laws, including Minnesota, Oregon, Connecticut, and North Carolina.
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The transportation and warehousing sector includes:
industries providing transportation of passengers and cargo,
warehousing and storage for goods,
scenic and sightseeing transportation,
and support activities related to modes of transportation.
Establishments in these industries use transportation equipment or transportation related facilities as a productive asset.
Applicable law and regulatory subject areas:
Greenhouse Gas Reporting Program (GHGRP) - The GHGRP requires reporting of greenhouse gas (GHG) data and other relevant information from large GHG emission sources, fuel and industrial gas suppliers, and CO2 injection sites in the United States. Approximately 8,000 facilities are required to report their emissions annually, and the reported data are made available to the public in October of each year.
Facilities are generally required to submit annual reports under Part 98 if:
GHG emissions from covered sources exceed 25,000 metric tons CO2e per year.
Supply of certain products would result in over 25,000 metric tons CO2e of GHG emissions if those products were released, combusted, or oxidized.
The facility receives 25,000 metric tons or more of CO2 for underground injection.
States, cities, and other communities can use EPA’s greenhouse gas data to find high-emitting facilities in their area, compare emissions between similar facilities, and develop common-sense climate policies. 40 CFR Part 98
Engine Test Cells/Stands (combined with Rocket Testing Facilities) - This rule sets emission standards for engine test cells/stands that are used in a variety of applications to develop, characterize and test engines. However, they emit air toxics in the exhaust gases from combustion of gaseous and liquid fuels in the engines being tested in the test cells/stands. The primary air toxics present are toluene, benzene, mixed xylenes, and 1,3- butadiene. 40 CFR Part 63 Subpart PPPPP
Gasoline Dispensing and Distribution (Area and Major Sources) - This rule sets national emission standards for hazardous air pollutants for the facilities in the gasoline distribution (Stage I) area source category pursuant to Clean Air Act section 112(c)(3) and 112(d)(5). 40 CFR Part 63 Subpart R; 40 CFR Part 63 Subpart BBBBBB; 40 CFR Part 63 Subpart CCCCCC
Organic Liquids Distribution (non-gasoline) - This rule sets national emission standards for hazardous air pollutants (NESHAP) for new and existing organic liquids distribution (OLD) (non-gasoline) operations, which are carried out at storage terminals, refineries, crude oil pipeline stations, and various manufacturing facilities. 40 CFR Part 63 Subpart EEEE
Reciprocating Internal Combustion Engines (RICE), including area sources - Stationary engines use pistons that alternately move back and forth to convert pressure into rotating motion. They are used in a variety of applications from generating electricity to powering pumps and compressors in power and manufacturing plants. They are also used in the event of an emergency such as fire or flood. This rule sets national emission standards for hazardous air pollutants (NESHAP) from these sources to include formaldehyde, acetaldehyde, acrolein, methanol, polycyclic aromatic hydrocarbon (PAH), volatile organic compounds (VOC), carbon monoxide (CO), nitrogen oxide (NOx) and particulate matter (PM). 40 CFR 63 Subpart ZZZZ
Domestic Regulations for Emissions from Marine Compression-ignition (Diesel) Engines - EPA has adopted exhaust emission standards for marine diesel engines installed in a variety of marine vessels ranging in size and application from small recreational vessels to tugboats and large ocean-going vessels.
These domestic emission standards apply for engines installed on U.S. vessels.
Additional international requirements may apply for engines installed on U.S. vessels that operate in foreign ports and waters and for foreign vessels. 40 CFR Part 1042; 40 CFR Part 1043; 40 CFR Part 1065; 40 CFR Part 1068; 40 CFR Part 1090
Emissions from Marine Spark-Ignition Engines - EPA standards for exhaust and evaporative emissions reduce the environmental impact from marine spark-ignition engines and vessels. The emission standards require manufacturers to control exhaust emissions from the engines and evaporative emissions from fuel tanks and fuel lines. 40 CFR Part 1045; 40 CFR Part 1060; 40 CFR Part 1065; 40 CFR Part 1068
Regulations for Emissions from Locomotives - These regulations set emission standards for diesel locomotives of all types -- line-haul, switch, and passenger rail. The standards are based on the application of high-efficiency catalytic aftertreatment technology for freshly manufactured engines built in 2015 and later.
EPA standards also apply for existing locomotives when they are remanufactured.
Requirements are also in place to reduce idling for new and remanufactured locomotives. 40 CFR Part 1033; 40 CFR Part 1033.501; 40 CFR Part 1033.601; 40 CFR Part 1065; 40 CFR Part 1068
Aircraft - These regulations of this part apply to engines on all aircraft that are required to be certificated by FAA under 14 CFR part 33 except as specified in this paragraph (a). These regulations do not apply to the following aircraft engines:
(1) Reciprocating engines (including engines used in ultralight aircraft).
(2) Turboshaft engines such as those used in helicopters.
(3) Engines used only in aircraft that are not airplanes. For purposes of this paragraph (a)(3), “airplane” means a fixed-wing aircraft that is heavier than air.
(4) Engines not used for propulsion.
The provisions of this part will be revised if at any time the DOT Secretary determines that an emission standard cannot be met within the specified time without creating a hazard to aircraft safety. 40 CFR 87; 40 CFR 1030
Emissions from Heavy Equipment with Spark-Ignition Engines - These regulations set emission standards for nonroad spark-ignition (SI) engines over 19 kW (25 horsepower), including many kinds of equipment, such as forklifts, generators, and many other farm, industrial and construction applications. These engines may operate on propane, gasoline, or natural gas. 40 CFR Part 1048; 40 CFR Part 1060; 40 CFR Part 1065; 40 CFR Part 1068
Emissions from Heavy Equipment with Compression-Ignition (Diesel) Engines - These regulations set emission standards for nonroad compression-ignition (diesel) engines that are used in machines that perform a wide range of important jobs. These include excavators and other construction equipment, farm tractors and other agricultural equipment, forklifts, airport ground service equipment, and utility equipment such as generators, pumps, and compressors. 40 CFR Part 1039; 40 CFR Part 1065; 40 CFR Part 1068
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Drinking and wastewater operation and treatment facilities are part the utilities sector. Industries in this sector include water treatment plants, water supply systems, sewer systems, and/or sewage treatment facilities that collect, treat, and dispose of waste.
Applicable law and regulatory subject areas:
NESHAP for Publicly Owned Treatment Works (POTW) - This rule sets emission standards for primary hazardous air pollutants (HAP) emitted by these sources to include xylenes, methylene chloride, toluene, ethyl benzene, chloroform, tetrachloroethylene, benzene, and naphthalene. 40 CFR Part 63 Subpart VVV
Drinking Water Treatment Wastes - All rocks and soils contain some trace amounts of Naturally Occurring Radioactive Materials (NORM). When a drinking water source, either surface or groundwater, comes in contact with NORM-bearing rocks and soils, radionuclides can accumulate in the source water. The most frequently-occurring radionuclides (and their decay products) found in source water include, Radium, Uranium, and Radon. 40 CFR 141, Subpart G
Effluent Guidelines: Drinking Water Treatment Residuals Management - The national wastewater discharge standards are developed by EPA on an industry-by-industry basis. These are technology-based regulations, and are intended to represent the greatest pollutant reductions that are economically achievable for an industry. The standards for direct dischargers are incorporated into National Pollutant Discharge Elimination System (NPDES) permits issued by States and EPA regional offices, and permits or other control mechanisms for indirect dischargers. 40 CFR 141, Subpart L
Municipalities and Wastewater Treatment Plants - Most municipalities use a series of unit processes to treat wastewater prior to discharge including the following:
preliminary treatment or screening to remove large solids,
primary clarification (or preliminary sedimentation) to remove floating and settleable solids,
biological treatment (also referred to as secondary treatment) to remove biodegradable organic pollutants and suspended solids, and
disinfection to deactivate pathogens.
Some facilities also provide more advanced treatment which is designed to reduce constituents, such as nitrogen and phosphorus, that are not removed in any significant quantity by traditional biological treatment processes. Some municipalities currently experience high peak influent flows during periods of wet weather that exceed the treatment capacity of existing biological or advanced treatment units. 40 CFR 122
Pretreatment Program - The national pretreatment program is a component of the NPDES program. It is a cooperative effort of federal, state, and local environmental regulatory agencies established to protect water quality. The national pretreatment program is designed to: protect POTWs infrastructure and reduce conventional and toxic pollutant levels discharged by industries and other nondomestic wastewater sources into municipal sewer systems and into the environment. 40 CFR 122
Please note: The regulations cited throughout this page represent a sample of the legal obligations that may apply to your operations. Additional federal, state and local regulations will need to be evaluated within Citation Manage™ during your applicability review.