Handbook of Pollution and Hazardous Materials Compliance Environmental Science and Pollution Control Series 1. Toxic Metal Chemistry in Marine Environments, Muhammad Sadiq 2. Handbook of Polymer Degradation, edited by S. Halim Hamid, Mohamed B. Amin, and AH G. Maadhah 3. Unit Processes in Drinking Water Treatment, Willy J. Masschelein 4. Groundwater Contamination and Analysis at Hazardous Waste Sites, edited by Suzanne Lesage and Richard E. Jackson 5. Plastics Waste Management: Disposal, Recycling, and Reuse, edited by Nabil Mustafa 6. Hazardous Waste Site Soil Remediation: Theory and Application of Innovative Technologies, edited by David J. Wilson and Ann N. Clarke 7. Process Engineering for Pollution Control and Waste Minimization, edited by Donald L Wise and Debra J. Trantolo 8. Remediation of Hazardous Waste Contaminated Soils, edited by Donald L. Wise and Debra J. Trantolo 9. Water Contamination and Health: Integration of Exposure Assess- ment, Toxicology, and Risk Assessment, edited by Rhoda G. M. Wang 10. Pollution Control in Fertilizer Production, edited by Charles A. Hodge and Neculai N. Popovici 11. Groundwater Contamination and Control, edited by Uri Zoller 12. Toxic Properties of Pesticides, Nicholas P. Cheremisinoff and John A. King 13. Combustion and Incineration Processes: Applications in Environ- mental Engineering, Second Edition, Revised and Expanded, Walter R. Niessen 14. Hazardous Chemicals in the Polymer Industry, Nicholas P. Chere- misinoff 15. Handbook of Highly Toxic Materials Handling and Management, edited by Stanley S. Grossel and Daniel A. Crowl 16. Separation Processes in Waste Minimization, Robert B. Long 17. Handbook of Pollution and Hazardous Materials Compliance: A Source- book for Environmental Managers, Nicholas P. Cheremisinoff and Madelyn Graffia Additional Volumes in Preparation Biosolids Technology and Management, edited by Mark J. Girovich Handbook of Pollution and Hazardous Materials Compliance A Sourcebook for Environmental Managers Nicholas P. Cheremisinoff Madelyn Graffia National Association of Safety and Health Professionals, Inc. Morganville, New Jersey Marcel Dekker, Inc. New York* Basel• Hong Kong ISBN: 0-8247-9704-3 The publisher offers discounts on this book when ordered in bulk quantities. For more information, write to Special Sales/Professional Marketing at the address below. This book is printed on acid-free paper. Copyright © 1996 by MARCEL DEKKER, INC. All Rights Reserved. Neither this book nor any part may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, micro- filming, and recording, or by any information storage and retrieval system, without permission in writing from the publisher. MARCEL DEKKER, INC. 270 Madison Avenue, New York, New York 10016 Current printing (last digit): 10 9 8 7 6 5 4 3 21 PRINTED IN THE UNITED STATES OF AMERICA PREFACE This book has been written as a guide for environmental health and safety managers. Many companies today combine the management of environmental and occupational safety and health issues under one division, group, or even focal individual. Indeed this makes a great deal of sense because of direct as well as subtle interrelations between the environmental statutes and OSHA (Occupational Safety and Health Act) regulations. This is particularly true when implementing RCRA, CERCLA/SARA, or even TSCA, since specific OSHA safety standards are applicable. This volume provides an overall working reference for environmental managers so that they can gain a working knowledge of the environmental/safety statutes and therefore a rapid understanding of what their organization/company must do in order to comply. There are ten chapters to this book. Chapter 1 covers the Federal Hazard Communication Act and elements common to individual state Right-To- Know legislation. Chapter 2 provides an overview of the OSHA regulations, with emphasis given to hazardous waste handling operations and emergency response. Chapter 3 provides a concise overview of the Clean Air Act and its amendments. Chapter 4 covers the Clean Water Act, and Chapter 5 covers the Safe Drinking Water Act. Chapters 6 through 10 cover statutes and subject matter which are closely linked regarding solid waste management and landfill disposal practices. Chapter 6 provides a discussion of the Comprehensive Environmental Responsibility, Compensation, and Liability Act (CERCLA), and Chapter 7 covers SARA (Superfund Amendments and Reauthorization Act). Both CERCLA and SARA have commonly been referred to by the general public as Superfund Laws and are often linked with RCRA (Resource Conservation and Recovery Act), which is covered in Chapter 8. Chapter 9 provides an overview of the technical requirements Hi iv Preface for managing facilities and issues associated with facility and property transfers. Finally, Chapter 10 covers overall management skills and concepts for multimedia facilities. The authors have written this book both as a textbook for environmental management students and as a working reference for the environmental and health and safety manager. Its intent is to provide working knowledge of the compliance issues that must be met by all companies. A special thanks is extended to the many students who have been instructed by the authors at New Jersey Institute of Technology and the Center for Environmental Management at Fairleigh Dickinson University, as they have helped shape ideas impacting on the organization of content. Additionally, gratitude is extended to the publisher for the fine production of this volume. Nicholas P. Cheremisinoff Madelyn Graffia CONTENTS Preface in Chapter 1. The Hazard Communication Act What Is the Hazard Communication Act? 1 Purposes of the Hazard Communication Act 1 Hazard Communication: A Historical Perspective 4 Impacts of Other Agencies 5 What Are Hazards? 6 What Are Hazardous Chemicals? 7 Scope and Application of the Standard 12 Hazard Determination 14 The Written Hazard Communication Program 16 Labels and Placards 21 The Material Safety Data Sheet 26 Employee Information and Training 41 Trade Secrets 45 Chapter 2. The Occupational Safety and Health Act: Hazardous Waste Operations and Emergency Response Introduction 49 Safety and Health Programs 51 Employee Training and Medical Surveillance Program 55 Respiratory Protection and Personal Protective Equipment 58 Decontamination Procedures 59 vi Contents Air Monitoring and Instrumentation 62 Emergency Response Operations 64 Enforcement and Interaction with Other Regulations 65 Suggested Reading 68 Chapter 3. The Clean Air Act Introduction 71 Historical Perspective 71 National Ambient Air Quality Standards 76 Title III - Hazardous Air Pollutants 77 State Hazardous Pollutant Control Programs 78 Solid Waste Combustion 79 Incinerators 80 Enforcement 81 Case Studies 84 Suggested Reading 87 Chapter 4. The Clean Water Act Introduction 89 The Causes of Water Pollution 93 Regulatory Intent 95 Industries Affected by the Act 98 The Permit and Enforcement Program 100 The CWA and Current Wastewater Treatment Technologies 130 The CWA and Its Relations to Other Statutes . . .. 139 Pending Reauthorization of the CWA 142 Key CWA Technologies and Concepts 146 Suggested Reading 160 Chapter 5. The Safe Drinking Water Act Introduction and Overview 163 Key Provisions 167 Enforcement 176 Chronological Listing of Federal Register Notices for Drinking Water Regulations 184 Suggested Reading 197 Contents vii Chapter 6. The Comprehensive Environmental Responsibility, Compensation, and Liability Act Introduction 213 Liability 213 Financial Responsibility 215 National Contingency Plan 216 Abatement Action 221 Reportable Quantities 221 Response Authorities 223 Employee Protection 225 Use of Funds 225 Claims Procedure 227 Litigation Jurisdiction and Venue 229 Relationship to Other Laws 229 Authority to Delegate Issue Regulations 230 Title II - Hazardous Substance Response Revenue Act of 1980 230 Subtitle B - Establishment of Hazardous Substance Trust Fund 231 Administrative Provisions 234 Subtitle C - Post-Closure Tax and Trust Fund 234 Post-Closure Liability Trust Fund 235 Title III - Miscellaneous Provisions 235 Effective Dates, Savings Provision 237 Expiration, Sunset Provision 237 Conforming Amendments 237 Legislative Veto 238 Transportation 238 Separability 239 Superfund Reform Act of 1994 239 Suggested Reading 247 Chapter 7. The Superfund Amendments and Reauthorization Act Historical Perspective 249 Superfund Legislation 249 SARA Legislation 252 Impact of SARA on CERCLA 258 CERCLA's Relationship to Other Legislation . . .. 260