1. Hazardous Materials

2. 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

3. They can be…… Flammable An oxidizer A health risk Reactive Corrosive Explosive Radioactive Persistent

4. A release is…… When a material escapes its container By spilling, leaking or emitting toxic vapors Creating a potential hazard

5. 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

6. Leakage Corrosion Faulty installation Piping failures Overfills

7. 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

8. 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

9. 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.

11. 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

12. 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

13. 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

14. 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

15. 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)

16. 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 health Or The EPA believes that it is most cost effective to use its remedial authority

17. 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)

18. 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

19. 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

20. 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)

21. Transportation of Hazardous Materials, Cont. Hazardous materials must be shipped accompanied by a shipping papers Hazardous waste with the Uniform Hazardous Waste Manifest

22. Other Agencies involved in transport regulation include…. NRC EPA OSHA DOE DOD FEMA

23. 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.

24. TSCA Toxic Substances Control Act Administered by the EPA Controls chemical substances entering commerce

25. 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.