Hazardous Materials

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.