8.3 Environmental Compliance: Stormwater, Lead RRP & Asbestos

Stormwater Management & Erosion Control: Clean Water Act & NPDES

Commercial construction activities that clear, grade, excavate, or disturb the earth's vegetative cover create high risks of accelerated soil erosion and sediment-laden stormwater runoff. Under Section 402 of the federal Clean Water Act (CWA) (33 U.S.C. § 1342), stormwater discharges from construction sites are strictly regulated under the National Pollutant Discharge Elimination System (NPDES).

In South Carolina, environmental regulatory authority is vested in the South Carolina Department of Environmental Services (SCDES) (formerly the environmental division of SCDHEC). SCDES administers the state's delegated NPDES General Permit for Stormwater Discharges from Construction Activities (SCR100000), commonly designated as the Construction General Permit (CGP).

Statutory Land Disturbance Permitting Thresholds

South Carolina law establishes strict statutory acreage triggers for NPDES stormwater permitting:

1. The 1-Acre Primary Threshold:

   • Any commercial, industrial, institutional, or residential construction activity that results in total land disturbance of one (1) acre or more must obtain NPDES CGP permit coverage prior to commencing any earthwork.

2. The "Larger Common Plan of Development" Rule:

   • A project disturbing less than one (1) acre must still obtain full NPDES CGP permit coverage if it is part of a "larger common plan of development or sale" that collectively disturbs one or more acres.

Exam Application Scenario — The Outparcel Trap: A commercial builder contracts to construct an auto-parts retail store disturbing 0.65 acres of land. The site is an outparcel located within an approved 12-acre commercial shopping center subdivision. Even though the contractor's immediate disturbance is only 0.65 acres (< 1 acre), the project requires full NPDES permit coverage and a SWPPP because it is part of a common plan of development exceeding one acre.

1. Coastal Zone Additional Requirements:
   • In South Carolina's eight coastal counties (Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Horry, and Jasper), projects face additional coastal-zone review and stricter stormwater criteria. Some smaller disturbances near coastal receiving waters also need coverage, and critical-area work falls under the South Carolina Coastal Tidelands and Wetlands Act. Check the current SCDES permit and local rules for the exact trigger on a given site.

Stormwater Pollution Prevention Plans (SWPPP) & Best Management Practices (BMPs)

Prior to ground disturbance on a covered project, the owner and general contractor must submit a Notice of Intent (NOI) to SCDES accompanied by an engineered, site-specific Stormwater Pollution Prevention Plan (SWPPP) prepared by a South Carolina licensed professional engineer, Tier B land surveyor, or registered landscape architect. Earthwork cannot commence until SCDES issues an official Letter of Permit Coverage.

Best Management Practices (BMPs) Classifications

A comprehensive SWPPP incorporates both structural and non-structural/vegetative Best Management Practices (BMPs) designed to control erosion at the source and trap sediment before it exits the site boundary:

+------------------------------------------------------------------------------------------------+
|                       CONSTRUCTION JOBSITE BEST MANAGEMENT PRACTICES (BMPs)                    |
+-------------------------------+--------------------------------+-------------------------------+
| STRUCTURAL CONTROLS           | VEGETATIVE / STABILIZATION     | POLLUTION PREVENTION / WASTE  |
+-------------------------------+--------------------------------+-------------------------------+
| - Silt Fences: Woven geotex-  | - Temporary Seeding & Mulch:   | - Concrete Washout Facilities:|
|   tile fabric trenched 6" deep|   Applied to bare soils idle   |   Impermeable lined pit/bin   |
|   and backfilled along slope. |   for 14 or more days.         |   to capture slurry rinsate.  |
| - Stabilized Construction Ent-| - Permanent Seeding & Sod:     | - Fuel & Chemical Containment:|
|   rance: 50' pad of #2 stone  |   Permanent vegetative cover   |   Secondary containment pans  |
|   preventing trackout on road.|   on finished grade slopes.    |   for tanks > 55 gallons.     |
| - Sediment Basins & Traps:    | - Erosion Control Blankets:    | - Spill Response Kits:        |
|   Impoundments capturing sedi-|   Biodegradable rolled mats    |   Absorbent pads for hydraulic|
|   ment for drainage > 10 acres|   anchoring steep slopes.      |   leaks and fuel ruptures.    |
| - Inlet Protection: Filter    | - Surface Roughening: Track-   | - Solid Waste Management:     |
|   fabric/gravel at drop inlets|   walking slopes to slow water.|   Covered dumpsters for debris|
+-------------------------------+--------------------------------+-------------------------------+

Critical Installation Rules for Structural BMPs

• Silt Fences: Must be placed along topographical contours, never perpendicular to slopes or across active drainage channels with concentrated flow. The bottom 6 inches of the geotextile fabric must be embedded in a trench and backfilled with compacted earth to prevent undercutting.
• Stabilized Construction Entrance: A pad of coarse crushed stone (#2 stone, 2 to 3 inches in size) at least 50 feet long and 12 feet wide placed over geotextile filter fabric at all access points to public paved roadways. If sediment tracking ("trackout") occurs on public roads, it must be cleared immediately by sweeping, not by washing into storm drains.
• Sediment Basins: Mandatory for construction drainage areas where 10 or more disturbed acres drain to a single outfall, engineered to retain 3,600 cubic feet of wet storage per acre drained.
• Concrete Washout Protocol: Concrete transit mixer chutes, pumps, and tools must be washed out exclusively into an impermeable, lined washout basin or self-contained metal bin. Dumping concrete slurry onto bare soil, in storm drains, or near water bodies is a severe NPDES violation carrying substantial civil fines.

Mandatory SWPPP Inspection Protocols and Maintenance

Having an approved SWPPP on paper is useless unless verified by continuous jobsite inspections. In South Carolina, SWPPP inspections must be conducted by qualified personnel holding Certified Erosion Prevention and Sediment Control Inspector (CEPSCI) credentials recognized by SCDES.

Statutory Inspection Frequency

Under the South Carolina Construction General Permit, inspections must occur at the following statutory intervals:

Statutory SWPPP Inspection Interval Mandates:

• Weekly Routine Inspection: The site must be thoroughly inspected at least once every calendar week (every 7 calendar days);
• Post-Precipitation Inspection: A comprehensive inspection must be completed within 24 hours of the end of any storm event producing 0.5 inches of rain or greater.

• On-Site Rain Gauge: Every permitted site must maintain an operational rain gauge installed in an open area to accurately record rainfall data.

Inspection Reports and Corrective Actions

• Inspection Documentation: The inspector must complete and sign a formal written inspection report detailing the date, inspector certification number, rainfall data, condition of all structural BMPs, sediment accumulation levels (e.g., silt fences must have accumulated sediment removed when it reaches one-third to one-half the fence height), and evidence of any sediment discharge off-site.
• Corrective Action Timeline: If an inspection reveals a damaged, overwhelmed, or improperly installed BMP, corrective repair or maintenance must be initiated immediately, and completed no later than seven (7) calendar days following the inspection (or before the next anticipated rain event, whichever is sooner).
• Record Retention Mandate: The SWPPP, permit coverage letter, inspection logs, and rainfall records must be maintained on the construction site and retained by the contractor for at least three (3) years following the formal submission and approval of the Notice of Termination (NOT).

Lead Renovation, Repair and Painting (RRP) Rule (40 CFR Part 745)

Lead poisoning from lead-based paint dust causes irreversible cognitive impairment, neurological damage, and behavioral disorders, particularly in young children. In commercial and residential construction, renovations involving structures built prior to the 1978 federal ban on consumer lead paint are governed by the federal Environmental Protection Agency (EPA) Lead Renovation, Repair and Painting (RRP) Rule (40 CFR Part 745, Subpart E).

Scope and Target Facilities

The Lead RRP Rule applies to any paid contractor performing work that disturbs painted surfaces in:

1. Target Housing: Any residential dwelling constructed prior to 1978, including single-family homes, apartments, condominiums, and multi-family residential structures (excluding zero-bedroom housing or housing reserved exclusively for the elderly/disabled where no child under age 6 resides).
2. Child-Occupied Facilities: Any commercial, institutional, or public building constructed prior to 1978 that is regularly visited by children under six years of age (e.g., daycares, preschools, kindergarten classrooms, and pediatric clinics).

De Minimis Work Exemption Thresholds

The RRP Rule exempts minor repair and maintenance activities that disturb small surface areas, defined as:

• Interior Work: Disturbing less than 6 square feet of painted surface per room.
• Exterior Work: Disturbing less than 20 square feet of total exterior painted surface.

Strict Exemption Exclusion: The de minimis exemption never applies to window replacement, structural demolition of painted components, or any work utilizing prohibited work practices. Replacing a single window in a pre-1978 home or daycare requires full Lead RRP compliance regardless of square footage.

Certification and Lead-Safe Work Practices

To lawfully execute RRP work, two tiers of certification are required:

1. Firm Certification: The contracting company must apply to the EPA and obtain an EPA Lead-Safe Certified Firm license.
2. Certified Lead Renovator: The firm must assign at least one individual who has completed an accredited 8-hour EPA Certified Renovator training course to supervise the project, set up containment, and conduct post-work cleaning verification.

Mandatory Work Practices vs. Prohibited Practices

Cleaning Verification and Recordkeeping

Following completion of work, the Certified Renovator must perform a thorough visual inspection and complete Cleaning Verification using an EPA cleaning verification card and wet disposable cleaning cloths (wiping uncarpeted floors and window sills until the cloths match or are lighter than the verification card), or have a certified third party perform laboratory dust clearance wipe sampling. All RRP compliance records must be retained for three (3) years.

Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP)

Asbestos is a naturally occurring fibrous mineral widely used in construction materials prior to the 1980s for its exceptional thermal insulation, fireproofing, tensile strength, and chemical resistance. Inhalation of microscopic airborne asbestos fibers causes fatal pulmonary illnesses, including asbestosis, lung cancer, and mesothelioma.

Federal regulation of asbestos during demolition and renovation is governed by the EPA's National Emission Standards for Hazardous Air Pollutants (NESHAP) (40 CFR Part 61, Subpart M), enacted under Section 112 of the Clean Air Act. In South Carolina, Asbestos NESHAP enforcement is delegated to SCDES.

Regulated Facilities and RACM Definitions

• Covered Facilities: Asbestos NESHAP applies to commercial buildings, industrial plants, institutional structures (schools, hospitals), and residential structures with more than four (4) dwelling units. (Single-family detached homes and 1-4 unit residential buildings are generally exempt from NESHAP, though local building department rules may apply).
• Asbestos-Containing Material (ACM): Defined as any material containing greater than one percent (1%) asbestos as analyzed by Polarized Light Microscopy (PLM).
• Regulated Asbestos-Containing Material (RACM):
  • Friable ACM: Any material containing > 1% asbestos that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure (e.g., spray-applied acoustic ceiling plaster, pipe thermal insulation, boiler lagging).
  • Category I Non-Friable ACM That Has Become Friable: Floor tiles, asphalt roofing, or mastics that have become damaged or weathered.
  • Category II Non-Friable ACM Subject to Mechanical Force: Non-friable materials (such as transite cement siding, shingles, or pipes) that have a high probability of being crushed, crumbled, or pulverized during demolition or renovation.

The Mandatory Pre-Project Inspection Requirement

Prior to commencing any demolition or renovation work on a commercial structure, the owner or general contractor must conduct a thorough asbestos inspection of the affected facility or part of the facility. The inspection must be performed by a South Carolina licensed and accredited Asbestos Building Inspector.

The Mandatory 10-Working-Day Notification Rule

One of the most critical regulatory mandates tested on the South Carolina licensing examination is the 10-working-day notification requirement:

The Asbestos NESHAP 10-Working-Day Demolition Rule: For ANY commercial building demolition, the general contractor must submit a formal written notification to SCDES at least ten (10) working days (Monday through Friday, excluding official state holidays) prior to beginning demolition work, REGARDLESS OF WHETHER ASBESTOS IS PRESENT OR ABSENT.

• Demolition Notification: Even if the accredited inspector confirms that the building is 100% free of asbestos, the 10-working-day notice to SCDES is mandatory by law. Regulators require advance notice to verify inspector findings before the structure is razed.
• Renovation Notification: For commercial renovations, written notification to SCDES is required at least 10 working days prior to work only if the amount of RACM disturbed exceeds the statutory threshold:
  • At least 260 linear feet on pipes; OR
  • At least 160 square feet on other facility components; OR
  • At least 35 cubic feet where area or length cannot be measured.

Removal, Containment, and Disposal Standards

• Licensed Abatement: All RACM exceeding regulatory thresholds must be abated by licensed asbestos abatement contractors prior to general demolition.
• Adequately Wet Protocol: RACM must be maintained in an "adequately wet" condition with amended water throughout stripping, removal, and bagging to prevent airborne fiber release.
• Packaging & Manifesting: Asbestos waste must be packaged in leak-tight containers or double 6-mil polyethylene bags clearly marked with OSHA/EPA asbestos hazard warning labels.
• Disposal: Transported under an Asbestos Waste Shipment Record (manifest) to an approved, permitted industrial asbestos landfill. Waste manifests must be retained for at least two (2) years.

Resource Conservation and Recovery Act (RCRA) & Hazardous Waste

General contractors are legally responsible for identifying, managing, and disposing of hazardous chemical wastes generated on jobsites under the federal Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 6901 et seq.) and South Carolina Hazardous Waste Management Regulations.

Cradle-to-Grave Liability

Under RCRA, the legal doctrine of "cradle-to-grave" liability applies to hazardous waste. The entity that generates hazardous waste remains legally responsible for its environmental impact from the moment of creation, throughout transportation, and indefinitely after final disposal in a landfill or treatment facility. Hiring an unlicensed hauler or dumping waste unlawfully creates joint and several strict liability for clean-up costs.

Common Construction Hazardous Wastes

1. Solvents and Coatings: Leftover solvent-based paints, varnishes, mineral spirits, paint thinners, chemical strippers, epoxy resins, and chemical adhesives.
2. TCLP Toxic Debris: Construction debris containing heavy metals (lead, cadmium, chromium, arsenic) that fails the Toxicity Characteristic Leaching Procedure (TCLP) test (e.g., lead concentration exceeding 5.0 mg/L in leachate).
3. Universal Wastes: Fluorescent lamps (containing mercury vapor), mercury-containing thermostats, and industrial rechargeable batteries.
4. PCB Ballasts: Pre-1979 fluorescent lighting ballasts containing Polychlorinated Biphenyls (PCBs), regulated under the Toxic Substances Control Act (TSCA).

Jobsite Waste Protocols

• Hazardous Waste Determinations: Contractors must evaluate whether waste materials exhibit hazardous characteristics: ignitability (flash point < 140°F), corrosivity (pH ≤ 2 or ≥ 12.5), reactivity (unstable or explosive), or toxicity.
• Container Storage: Hazardous wastes must be stored in sturdy, leak-proof containers compatible with the chemical waste, kept closed except when adding waste, and clearly marked with the words "HAZARDOUS WASTE" and the initial accumulation start date.
• Disposal Manifests: Hazardous waste shipments off-site must be handled by EPA-licensed hazardous waste transporters and accompanied by a Uniform Hazardous Waste Manifest (EPA Form 8700-22) signed by the generator, transporter, and disposal facility.