1. Integrated Listen first. Solve second.

2. Bills Perception of Regulators Man Neanderthal Regulators

3. Bills Perception of Consultants I wonder if he’ll have any free time if I give him a banana?

4. SPCC Regulations

5. 40 CFR 112 • Oil Pollution Prevention Regulatory Background • Promulgated December 11, 1973 • January 2, 1988 Ashland Oil Company AST Collapse • 3.8 Million gallons released • 750,000 gallons reached the Monongahela River • The Oil Pollution Act of 1990 • August 18, 1990 • Revised July 17, 2002 • Revised December, 2006

6. SPCC • Regulatory Emphasis • SPCC plans are designed to minimize the potential for an oil release • Mitigate environmental impacts in the event of a spill

7. SPCC • Do the SPCC Regulations Apply to You? • Store oil in excess of 1,320 gallons • Containers of 55 gallons or more • Could an oil leak or spill ultimately discharge to a surface water • If yes, you must develop a SPCC plan

9. 2006 SPCC Rule Amendments • Self-certification of SPCC Plans in lieu of review and certification of a PE for facilities with ≤ 10,000 gallons of oil storage, meeting qualifying criteria • Alternative to general secondary containment requirement without requiring a determination of impracticability for qualified oil-filled equipment • Exempt vehicle fuel tanks on mobile equipment

10. SPCC • SPCC Plan Requirements • Physical layout of facility with locations and contents of each oil storage container • Predictions of direction, rate of flow, and total quantity of oil that could be discharged • Spill containment/diversionary structures • How the facility manages containment area drainage • Bulk storage practices and transfer practices • Tank truck loading and unloading practices • Site security • Addressing spill or failure scenarios

16. SPCC • Inspection and Documentation • Develop forms for facility and equipment inspection • Establish frequency of inspection • Date and sign forms • Keep records for at least three years

18. SPCC • SPCC Training Program • Operation and maintenance • Applicable environmental regulations and requirements • SPCC plan coordinator • Training schedule • Personnel training records

19. SPCC • Reporting Releases • Understand State requirements they are likely to be different • EPA notification 1,000 gallons or more than 42 gallons in two different spill events within a 12-month period • 24-hour notification • Written notification • Contact Corporate Environmental Staff

20. NPDES Permitting

21. Water • Early Federal water legislation was initiated with the River and Harbor Act 1886 • Federal Water Pollution Act 1948, Amended in 1956, 1965, 1966, and 1970 • The law was a hodge podge of amendments and largely ineffective • Domestic and industrial wastes were essentially being dumped into our nations waters untreated • In 1969, the Cuyahoga river in Ohio caught fire • Clean Water Act enacted in 1972 • Water Pollution Control - Regulatory Background

22. Water • Clean Water Act • Establish effluent limitations on point sources (National Pollutant Discharge Elimination System [NPDES]) • Extended provisions to cover hazardous substances • Addressed direct and indirect dischargers • Did not address storm water • Water Quality Act of 1987 required storm water permits for industrial dischargers

23. Water • Regulatory Emphasis • To prohibit pollutants in wastewater that could pass through or interfere with the POTW treatment processes • Minimize human and environmental exposure to hazardous chemicals and pollutants and protect ground and surface water

24. Water • 40 CFR 433 Metal Finishing Categorical Standard • Do the Metal Finishing Regulations Apply to You? • Covers six operations of the Electroplating Standards plus 40 additional operations • Do you discharge wastewater directly (streams, rivers, lakes) from galvanizing operations or to a POTW? • If so you need to apply for a pretreatment or a direct discharge permit

25. Permit Application • Fill out appropriate forms • Prepare a process flow diagram, including anticipated flows of all discharges • Anticipated pollutants that will be discharged • Allow up to six months from date of application to receive your permit • Contact the Corporate Environmental Staff for assistance

27. Water • Monitoring Requirements • Wastewater sampling may be required monthly, quarterly, semi-annually or annually, depending on how your facility discharges wastewater • Permits typically require grab and composite samples • Grab samples are collected at a single point in time. Examples would be pH or volatile organic compounds • Composite samples are individual discrete samples collected at regular intervals. They can be flow base or time based and represent average performance • Must record or calculate flow

29. Water • Monitoring Requirements (cont.) • Discharges must meet the pretreatment standards for existing sources

30. Water • Monitoring Requirements (cont.) • Must sample for TTO or certify that they are not present in the waste stream • Certifications requires the submission of a Toxic Organic Management Plan • State may have other requirements (e.g. pH, oil and grease, etc.)

31. Water • Baseline Monitoring Reports and Notification • Must report the results of monitoring on Discharge Monitoring Reports provided by the state. Typically within 28 days of the end of the quarter • Immediate notification of oil or hazardous substance release • 24-hour reporting of noncompliance, unanticipated bypass or discharge that could cause the POTW to violate their permit • Written notification within five days, including the steps taken to reduce, eliminate or prevent reoccurrence of the non-compliance

32. Water • Record Keeping and Documentation • Records of all monitoring activities for at least three years • Calibration • Copies of reports • Monitoring records and information • Date, time, method, who performed the sampling • Dates of analysis, analyst, methods and results

35. Water • 40 CFR 122.36 – Regulatory Background • FWPCA of 1972 and CWA of 1977 • In November 1990, EPA adopted Phase I regulations requiring NPDES permits for storm water discharges from certain industrial and construction sites (> 5 acres) • In December of 1999, Phase II regulations were adopted to address sites not covered in the Phase I regulations and construction sites (> 1 acre)

36. Water • Regulatory Emphasis • Improve water quality by reducing or eliminating contaminants in storm water

37. Water • Do the Storm Water Regulations Apply to You? • Discharge storm water associated with industrial activity • Manufacturing • Processing • Raw materials storage • Discharge storm water associated with industrial activity for construction projects greater than 1 acre

38. Water • Types of Permits • General permits • Individual permits

39. Water • Storm Water Requirements • Submit a request for permit coverage, Notice of Intent (NOI) • Develop a written storm water pollution prevention plan (SWPPP) • Implement control measures

40. Water • NOI • Physical location • Description of site activities • Number of storm water outfalls and location • Receiving stream for each outfall • Description of storm water treatment systems, if any • Declaration that a SWPPP has been completed

41. Water • Storm Water Pollution Prevention Plan • Site map identifying: • Facility structures • Pollutant sources • Outfalls • Monitoring points • Drainage areas • Ground cover characteristics

43. Water • Storm Water Pollution Prevention Plan • Discussion of outfalls and potential pollutants • Pollutants for which a guideline exists • Pollutants covered under an existing NPDES permit • TRI pollutants • Other pollutants that could impact water quality • Discussion for not including pollutants

44. Water • Storm Water Pollution Prevention Plan • Sampling locations • Identification of the sampling point • How samples will be collected • Whether samples are grab or composite • How flows will be estimated • Analytical methods

45. Water • Storm Water Pollution Prevention Plan • Develop BMPs for your facility • Focus on minimizing discharge of pollutants • Minimize exposure • Preventive Maintenance • Good housekeeping • Containment structures • Controlling runoff • Spill prevention and response • Employee training

47. Water • Storm Water Pollution Prevention Plan • Facility Inspections • Typical frequency is quarterly • Document • Who conducted the inspection • What was identified during the inspection • Any corrective action required • When the corrective actions were implemented

48. Water • Storm Water Pollution Prevention Plan • SWPPP reviews and updates • At least annually • After a facility change that could impact storm water runoff • Deficiency in the SWPPP • Maintain information on reviews and changes for three years • Professional Engineer’s Certification • Recertification required every five years

49. Water • Monitoring Requirements • Monitoring may not be required • If required, report analytical results on state issued forms • Sampling usually required for rainfall events >0.1 inch of rainfall and no previous storm events within 72 hours • Document storm information • Date, duration and magnitude of storm • Volume of runoff • Sampling information • Physical examination may be required (color, turbidity, sheen)

50. Water • Record Keeping and Documentation • Records of all monitoring activities should be kept at least three years • Calibration • Copies of reports • Monitoring records and storm information • Date, time, method and who performed the sampling • Dates of analysis, analyst, methods and results