4.5 Environmental Compliance & Waste Management (RCRA, CERCLA, CAA, CWA)

Environmental Compliance & Waste Management

While occupational hygiene focuses on the health and safety of workers inside the facility, environmental compliance focuses on the impact of the facility's operations on the outside world—the air, water, and soil. In many organizations, the safety professional wears a dual hat as an EHS (Environment, Health, and Safety) manager. The OHST exam requires a foundational understanding of the major acts enforced by the Environmental Protection Agency (EPA).

Resource Conservation and Recovery Act (RCRA)

RCRA is the primary law governing the disposal of solid and hazardous waste. Its most famous mandate is the "cradle-to-grave" management system for hazardous waste. This means that whoever generates the hazardous waste is ultimately responsible for it from the moment it is created (the cradle), through transportation, treatment, and storage, until it is finally destroyed or securely disposed of (the grave).

Hazardous Waste Generator Status

Under RCRA, facilities are classified based on the volume of hazardous waste they generate in a calendar month. The rules become progressively stricter as the volume increases:

1. Very Small Quantity Generators (VSQGs): Generate 100 kilograms (approx. 220 lbs) or less per month of hazardous waste, or 1 kg or less of acutely hazardous waste. They are subject to the least stringent regulations but must ensure waste is delivered to a person or facility authorized to manage it.
2. Small Quantity Generators (SQGs): Generate between 100 kg and 1,000 kg (approx. 220 to 2,200 lbs) of hazardous waste per month. SQGs can accumulate waste on-site for up to 180 days without a permit (or 270 days if shipping the waste more than 200 miles) and must comply with specific emergency preparedness requirements.
3. Large Quantity Generators (LQGs): Generate 1,000 kg (approx. 2,200 lbs) or more of hazardous waste per month, or more than 1 kg of acutely hazardous waste. LQGs face the strictest requirements: they can only accumulate waste on-site for 90 days without a permit, must submit a Biennial Report, and must have a formal, written Contingency Plan.

The Uniform Hazardous Waste Manifest

The linchpin of the "cradle-to-grave" system is the manifest. When hazardous waste is shipped off-site, it must be accompanied by a Uniform Hazardous Waste Manifest. This multi-part tracking document requires signatures from the generator, the transporter, and the final designated treatment, storage, and disposal facility (TSDF). The generator must receive a signed copy back from the TSDF to prove the waste arrived safely; if they do not receive this within a specific timeframe, they must file an exception report with the EPA.

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Commonly known as "Superfund," CERCLA was enacted to clean up abandoned or uncontrolled hazardous waste sites (e.g., Love Canal). It is retroactive, meaning parties can be held liable for waste disposed of legally before the law was passed.

CERCLA established:

• Prohibitions and requirements concerning closed and abandoned hazardous waste sites.
• Liability for persons responsible for releases of hazardous waste at these sites (Potentially Responsible Parties or PRPs). Strict, joint, and several liability applies, meaning one company could potentially be forced to pay for an entire cleanup even if they only contributed a small fraction of the waste.
• A trust fund to provide for cleanup when no responsible party could be identified.

OSHA's HAZWOPER (Hazardous Waste Operations and Emergency Response) standard (1910.120) was developed specifically to protect workers involved in CERCLA cleanups, RCRA corrective actions, and emergency responses to hazardous substance releases.

Clean Water Act (CWA) and SPCC Plans

The Clean Water Act regulates discharges of pollutants into the waters of the United States and regulates quality standards for surface waters. A critical compliance program under the CWA for many industrial facilities is the Spill Prevention, Control, and Countermeasure (SPCC) rule.

SPCC Requirements

The SPCC rule helps facilities prevent a discharge of oil into navigable waters or adjoining shorelines. A facility is generally subject to the SPCC rule if:

• It is non-transportation-related.
• It has an aggregate aboveground oil storage capacity greater than 1,320 U.S. gallons (counting only containers of 55 gallons or greater), or a completely buried storage capacity greater than 42,000 U.S. gallons.
• There is a reasonable expectation of an oil discharge to navigable waters or adjoining shorelines.

Facilities subject to the rule must develop and implement a written SPCC Plan. This plan details the facility's operating procedures that prevent oil spills, control measures installed to prevent a spill from reaching navigable waters (e.g., secondary containment berms or dikes around tanks), and countermeasures to contain, clean up, and mitigate the effects of an oil spill that impacts navigable waters. In most cases, an SPCC plan must be certified by a Professional Engineer (PE).

Clean Air Act (CAA)

The Clean Air Act is the comprehensive federal law that regulates air emissions from stationary and mobile sources. It authorizes the EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air pollutants.

For industrial facilities, compliance often involves:

• Obtaining Title V operating permits for major stationary sources of air pollution.
• Installing specific pollution control technology (e.g., scrubbers or baghouses).
• Managing ozone-depleting substances (ODS), such as certain refrigerants, requiring specific handling and recovery procedures during maintenance to prevent release into the atmosphere.

Understanding the interplay between these EPA regulations and OSHA safety standards (like HAZWOPER and Process Safety Management) is a hallmark of a well-rounded safety professional.