ENVIRONMENTAL COMPLIANCE AND POLLUTION PREVENTION … · use ammonia and chlorofluorocarbons (CFCs). The main water quality issues are the storm water management plans, excessive

ENVIRONMENTAL COMPLIANCEAND POLLUTION PREVENTION GUIDE

for the FOOD PROCESSING INDUSTRY

MARCH 2001

New York State Department of Environmental ConservationPollution Prevention Unit

George E. Pataki, Governor Erin M. Crotty, Commissioner

TABLE OF CONTENTS

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Section I - Description of the Food Processing Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Section II - Compliance Assistance Tools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Compliance Incentive Policy for Small Business . . . . . . . . . . . . . . . . . . . . . . . . . 2Environmental Management System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Small Quantity Hazardous Waste Generator Program . . . . . . . . . . . . . . . . . . . . . 3

Section III - Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Air Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Volatile Organic Compounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Refrigerants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Does My Food Processing Facility Need an Air Permit or Registration? . . . . . . . 5Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Minor Facility Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5State Facility Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Title V Facility Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Record Keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Water Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Permitting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Pretreatment Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Nonpoint Source Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Storm Water Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Safe Drinking Water Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Pesticide Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Hazardous Waste Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Hazardous Wastes Generated by the Food Processing Industry . . . . . . . . . . . . . 10Do You Generate Hazardous Waste? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Hazardous Waste Categories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Conditionally Exempt Small Quantity Generator . . . . . . . . . . . . . . . . . . . . . . . . 11Small Quantity Generator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Storing Your Hazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Large Quantity Generator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Universal Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Hazardous Waste Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Ignitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Corrosivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Reactivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Toxicity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Solid Waste Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Land Application, Composting, Rendering and Animal Feed . . . . . . . . . . . . . . . 15Bulk Storage Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Hazardous Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Regulatory Deadlines and Requirements for Facility Upgrades . . . . . . . 16Secondary Containment at Transfer Stations . . . . . . . . . . . . . . . . . . . . . . 16

Spill Prevention Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Petroleum Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Reporting a Spill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Hazardous Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Petroleum Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Section IV - Pollution Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Section V - Waste Stream Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Used Oil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Regulatory Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Used Oil Storage Tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Secondary Containment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Transporting Used Oil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Pollution Prevention Tips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Parts Cleaning and Degreasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Regulatory Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Types of Parts Washers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Aqueous Cleaners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Hot Soap Washers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Semi-Aqueous Cleaners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Solvent Distillation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Pollution Prevention Tips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Industrial Rags . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Regulatory Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Pollution Prevention Tips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Floor Drains and Wastewater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Regulatory Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Pollution Prevention Tips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Section VI - Resource Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Trade Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Local Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26NYSDEC Regional Offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

New York State Department of Environmental Conservation . . . . . . . . . . . 28 Federal Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Resources on the Internet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

If you have any questions or comments regardingany portion of this publication, please contact:NYS Department of Environmental ConservationPollution Prevention Unit50 Wolf Road, Room 298Albany, NY 12233-8010Phone: (800) 462-6553 in New York StatePhone: (518) 457-2553 outside New York StateFax: (518) 457-2570

The production and printing of this publication has been funded in part through a PollutionPrevention Incentives for States (PPIS) grant from the U.S. Environmental Protection Agency.

Environmental Compliance and Pollution Prevention March 2001for the Food Processing Industry 1

INTRODUCTION

This environmental compliance guide ispart of a series of industry-specific manualsthat is being offered by the PollutionPrevention Unit to assist businesses in NewYork State with environmental regulations,better waste management and wasteminimization methods. The regulatoryrequirements discussed in this manual providea good framework for understanding yourregulatory responsibilities. You should,however, consult directly with the NYSDepartment of Environmental Conservation’sregulations and other compliance assistancematerial.

Also developed as part of this industrysector is the manual, Environmental Self-Assessment for the Food Processing Industry,which is intended to help your businessachieve the maximum performance from yourday-to-day operation as well as preventpollution and identify opportunities foradditional pollution prevention measures. Inan effort to assist the food processingindustry, the DEC is offering this manual toprovide information on how to properlymanage wastes that are generated at thesefacilities.

As you are aware, food safety should bekept in mind when reviewing the informationin this guide and complying withenvironmental regulations. Under the FederalFood, Drug and Cosmetic Act (FFDCA), theFood and Drug Administration (FDA) of theU.S. Department of Health and HumanServices (USDHHS), and the Food Safety andInspection Service (FSIS) of the U.S.Department of Agriculture (USDA), the foodprocessing industry is regulated to assure thesafety of the food supply. These regulationsaddress sanitation, microbial pathogens, andother sources of foodborne illness. NYSDECis involved in food safety by virtue of itsresponsibility in regulating pesticides. TheNYSDEC regulates the application ofpesticides in New York State and isresponsible for compliance assistance and

public outreach to ensure enforcement of statepesticide laws, Article 33 and parts of Article15 of the Environmental Conservation Law,and regulations, Title 6 of the OfficialCompilation of Codes, Rules and Regulationsof the State of New York, Parts 320-329.

This guide is divided into six sections:

# Section I - A brief overview of the foodprocessing industry.

# Section II - Compliance assistance toolsavailable to the food processingindustry.

# Section III - Regulations as they pertainto the food processing industry.

# Section IV - Identification andmanagement of waste streams that aregenerated by the food processingindustry and pollution prevention tipsfor each waste stream mentioned.

# Section V - Pollution Preventiontechniques for the food processingindustry.

# Section VI - A resource guide that willassist the food processing industry withnames and addresses of technicalassistance providers.

Preventing waste is better thanmanaging it. If your company generates lesswaste, you will have less waste to manage anddispose of, resulting in lower disposal fees. Ifyour business generates less waste, youreduce your risk of spills and discharges thatcontaminate the environment; you also reduceyour liability risk.

When you and your employeesfamiliarize yourselves with both theEnvironmental Compliance and PollutionPrevention Guide and the Environmental Self-Assessment Guide, your food processingfacility will have a competitive advantage asfar as knowing the regulations and the latestpollution prevention techniques. Keep thismanual where it will be available to your


Introduction

Compliance Incentive Policy forSmall Business

Environmental Management System

employees so they can refer to it as needed.

Section I - DESCRIPTION of theFOOD PROCESSING INDUSTRY

The food industry is a manufacturingindustry that processes raw or preparedanimal, marine, and vegetable material intointermediate foods or edible products. It isone of the largest industry groups comprisingthe manufacturing sector of the U.S. economy.According to the 1994 Census ofManufacturers, New York State hadapproximately 1,363 (6.5%) food processingfacilities. With this large number of facilitiesin the State, it is important that this industrysector properly manages the many differentwaste streams that may be generated. Wastesfrom air emissions, process water, and avariety of solid and hazardous wastes must bemanaged in accordance with applicable DECregulations. Pollution prevention should playan important role in minimizing many of theseharmful wastes. There is a growing need forNew York’s food processing facilities tounderstand and comply with environmentalregulations in order to avoid potentialenforcement actions and/or fines as well aspotential harm to human health and theenvironment.

The U.S. Environmental ProtectionAgency’s (USEPA) Toxic Release Inventory(TRI) system indicates that the chemicalsreleased from the food processing industrythat may have an environmental impactinclude ammonia, phosphoric acid, sulfuricacid, chlorine, hydrochloric acid, nitric acid,copper compounds, and zinc compounds.

The air issues deal mainly with volatileorganic compound (VOC) emissions fromfryers, commercial bakeries and machinelubricating oils, and refrigeration systems thatuse ammonia and chlorofluorocarbons(CFCs).

The main water quality issues are the

storm water management plans, excessivewater usage and discharges to Public OwnedTreatment Works (POTW).

Some waste streams that will be coveredin this manual are the following:

WastewaterRefrigerantsHazardous WastesAir EmissionsPesticidesSolid WastesUsed Oil

Section II - COMPLIANCE ASSISTANCE TOOLS

The Compliance Incentive Policy wasestablished by the DEC for promotingenvironmental protection and improvingcompliance by encouraging small businessesto detect and expeditiously correct violationsdiscovered through environmental audits orcompliance assistance. As set forth in thispolicy, DEC will adjust penalties when asmall business makes a good faith effort tocomply with environmental requirements byexpeditiously disclosing and correcting allviolations. The penalty adjustment does notapply to circumstances such as thoseinvolving criminal wrongdoing or significantthreats to health, safety or the environment.For additional information on this policy andhow it may apply to you, you can contact theDEC’s Division of EnvironmentalEnforcement at (518) 457-4348.

An Environmental Management System(EMS) uses a defined process to helpbusinesses integrate environmental concerns


Small Quantity Hazardous WasteGenerator Program

Air Regulations

into business decision making, improvecompliance and promote pollution prevention.It can provide businesses with a predictablestructure for managing, assessing, andcontinuously improving the effectiveness andefficiency of the management of theirenvironmental activities. An EMS approachbuilds in periodic review by top managementand emphasizes continuous improvementinstead of crisis management. The systematicnature of the EMS allows an organization tofocus on implementation and take a moreinclusive and proactive view of environmentalprotection.

Properly implemented, an EMS canreduce costs and improve productivity whileadvancing environmental protection andperformance.

An EMS includes five key elementswhich are defined as follows:Environmental Policy: top managementcommits to environmental improvement andestablishes a written company environmentalpolicy.Planning: the company conducts a review ofits operations, identifies legal requirementsand environmental concerns, establishesobjectives, sets targets, and devises a plan formeeting those targets.Implementation: the company follows throughwith the plan by establishing responsibilities,training, communication, documentation,operating procedures, and an emergency planto ensure that environmental targets are met.Checking/Corrective Action: the companymonitors its operations to evaluate whetherthe targets are being met and, if not, takescorrective action.Management Review: the EMS is modified tooptimize its effectiveness. The review stagecreates a loop of continuous improvement forthe company.

The DEC supports the developmentand use of EMSs that help a business achieveits environmental obligations and broaderenvironmental performance goals. The DECencourages the use of EMSs that focus onimproved environmental performance andcompliance, as well as pollution prevention.

At this time, the DEC is not basingany regulatory incentives solely on the uses ofEMSs or certification to ISO 14001.

The DEC’s Pollution Prevention Unitprovides individual help to businesses ororganizations that generate small amounts ofhazardous waste. Site visits, workshops, anda toll-free hotline (1-800-462-6553) areavailable free of charge.

The DEC has developed numerouswritten guidance documents to assist you withenvironmental compliance and pollutionprevention initiatives. Visit the DEC’s SmallBusiness Assistance Internet site for more information at: www.dec.state.ny.us/website/about/smalbus.html

Section III - REGULATIONS

OVERVIEWIf your facility has boilers, emergency

generators, some form of printing ordegreasing operation, refrigeration units,fryers or bakery ovens, you may have tocomply with some state and federal airregulations. This section of the manual willsummarize these air regulations. In addition,you should be aware that National EmissionStandards for Hazardous Air Pollutants(NESHAPS) have been proposed and willsoon be promulgated, which may affect foodprocessing facilities. These include theNESHAP’s for Vegetable Oil SolventExtraction and for Nutritional YeastManufacturing. VOLATILE ORGANIC COMPOUNDS

Several air pollutants can be emittedfrom a bakery during the bakery process.


Did you know?Ground-level ozone, a major component of“smog”, is formed in the atmosphere byreactions of VOC and oxides of nitrogen(NOx) in the presence of sunlight. High levelsof ground-level ozone can endanger publichealth and damage crops and forests.

Ethanol is the primary pollutant of concernbecause of the quantity that is emitted into theair from the ovens. It is produced when yeastferments. Ethanol becomes a gaseous volatileorganic compound (VOC) when exposed toelevated temperatures in a baking oven. DECrequires commercial bakeries to have airpermits. Those commercial bakeries that are“major” sources of VOC are subject to theVOC Reasonably Available ControlTechnology (RACT) requirements of Part212. However, retail bakeries are exemptfrom both permitting and controlrequirements. (The NYSDEC air regulationsdefine commercial bakeries as those whoderive less then 50% of their revenues fromon-site retail sales.) The NYSDEC airregulations exempt “batch” (non-conveyorized) ovens, and ovens used to bakeproducts that are leavened chemically(without yeast).

Volatile organic compounds arecommonly found in emissions from printingand degreasing operations. These airemissions may be considered Hazardous AirPollutants (HAPS), which may be subject toadditional controls under the NationalEmission Standards for Hazardous AirPollutants (NESHAPs). Food processingfacilities that have printing operations may beaffected by air regulations covered in6NYCRR Part 234 and the NESHAP rule,Subpart KK for Printing and PublishingOperations. For facilities with degreasingoperations, possible applicable air regulationsinclude 6NYCRR Part 228 and Subpart T inthe NESHAP rules.REFRIGERANTS

Refrigeration units, motor vehicles,

and certain appliances (i.e., freezers, airconditioners) that use chlorofluorocarbons andother ozone-depleting substances may besubject to requirements of the EPA’sstratospheric ozone protection program. Thestratospheric ozone regulation does thefollowing: bans the use of certain ozonedepleting substances in non-essentialproducts; requires labels for productscontaining or manufactured with regulatedozone-depleting substances; and bans theproduction of many of theses substances (see40 CFR 82). The EPA has establishedrequirements for servicing and disposal of air-conditioning and refrigeration equipment thatcontains regulated ozone-depletingrefrigerants. These requirements describedbriefly below are intended to minimize therelease of such refrigerants to the atmosphere.If you own/operate appliances containingozone-depleting refrigerants, you must do thefollowing:

# When opening any appliancecon ta in ing re f r ige ran t s fo rmaintenance, service, repair, ordisposal, you must have at least onepiece of certified, self-containedrecovery equipment available at your

facility.# Notify EPA that such equipment is

available at your facility. Thisequipment must be operated to certainspecified standards that minimizeatmospheric release of refrigerants.

# If your appliance contains 50 or morepounds of refrigerant, you must repairleaks in a timely manner. You mustmaintain records documenting the dateand type of all servicing performed onthe appliance, as well as the quantity

of refrigerant added.# If you are an appliance owner/operator

who adds the refrigerant, you mustmaintain records of refrigerantpurchased and added.

# If you use technicians to service andmaintain refrigerant-containingappliances, they must be certified by


Regulations InformationAir permit requirements can be found in 6NYCRR Part 201, while the ReasonablyAvailable Control Technologies (RACTs) areprovided in 6 NYCRR Part 212.

an approved technician certificationprogram. You can obtain a list ofEPA-approved Section 609 certifyingorganizations by calling (800) 296-1996, or by visiting EPA’s website at:http://www.epa.gov/ozone/title6/609.Also, the New York State Departmentof Motor Vehicles, Division ofVehicle Safety, Technical TrainingUnit offers a course called, “SystemsTraining and Air Conditioning(STAC)”. That course goes beyondthe certification requirements forservicing, handling, recycling, andretrofitting procedures for motorvehicle air conditioning. STACprovides training in diagnosing andrepairing vehicle air conditioning,mechanical, electrical and electronicsystems. For more information on thisand other courses, call the NYSDepartment of Motor Vehicles at(518) 474-4279 or fax (518) 473-9903.

# If you employ such technicians, youmust maintain records demonstratingcompliance with the certificationrequirements (see 40 CFR 82).

For information about the EPA’sStratospheric Ozone Protection Program, callthe Stratospheric Ozone Hotline at 1-800-296-1996 or visit EPA’s website athttp://www.epa.gov/ozone/.

DOES MY FOOD PROCESSINGFACILITY NEED AN AIR PERMIT ORREGISTRATION?

The information in this section willhelp you to determine if your facility willrequire an air permit, registration or statefacility permit. The air permit program isregulated under Title 6 New York Codes,Rules, and Regulations, Part 201 (6 NYCRRPart 201). If applicable, the reasonablyavailable control technology (RACT) for eachemission point will be regulated under 6NYCRR Part 212, General Process EmissionSources.

EXEMPTIONS The exemptions discussed in this

section exempt the operation from airpermitting requirements only. Your facilitywill still be expected to comply with all otherair pollution controls and provisions.

Commercial bakeries are subject toair permitting, registration or state facilitypermit requirements. The air regulationsdefine commercial bakeries as those whichderive less than 50% of their revenues fromon-site retail sales. However, retail bakeriesare exempt from both permitting and controlrequirements. Other air permitting exemptionsinclude: the use of non-conveyorized bakeryovens (this includes batch ovens, which aredefined as a non-conveyor belt oven operatinga single baking cycle in which a determinateamount of product is cooked at one baking);bakery ovens used exclusively to producebaked goods leavened chemically in theabsence of yeast; process or exhaust orventilating systems involved in thepreparation of food, food blanching orcooking in water; and process, exhaust orventilating systems or stationary combustioninstallations exclusively involved in thep r o d u c t i o n o f m a p l e s y r u p .

MINOR FACILITY REGISTRATIONThe following facilities must operate

under a Minor Facility Registration.

Facilities in the New York CityMetropolitan Area

The New York City Metropolitan Areaconsists of New York City, Westchester,Rockland, Nassau, and Suffolk Counties, andthe Lower Orange County Metropolitan Areaconsists of the towns of Blooming Grove,Chester, Highlands, Monroe, Tuxedo,


Warwick, and Woodbury.To be eligible to operate under a

registration permit, a facility must meet all ofthe following conditions:*

# Total annual actual VOC emissionsare not greater than 12.5 tons per 12-month period.

# Total actual annual emissions of anyindividual actual HAP emissions arenot greater than 5 tons per 12-monthperiod.

# Total combined actual annual HAPemissions are not greater than 12.5tons per 12-month period or 5 tons oftotal VOC emissions for those sourcesseeking a cap to avoid the applicablerequirements of 6 NYCRR Section212.10.

# Total actual emissions of allcontaminants must be less than half ofthe applicable thresholds.

The “actual annual emissions” limits

apply to the rolling 12-month basis at the endof each month of operation. The Major Sourcethresholds are found in 6 NYCRR Part201.2.1(b)(21).

All Other AreasTo be eligible to operate under a registrationpermit, a facility located outside of the NewYork City and Lower Orange MetropolitanAreas must meet all of the followingconditions:*

# Total annual actual VOC emissionsare not greater than 25 tons per 12-month period or 5 tons of total VOCemissions for those sources seeking acap to avoid the applicablerequirements of 6 NYCRR Section

212.10.# Total actual annual emissions of any

individual actual HAP emissions arenot greater than 5 tons per 12- monthperiod.

# Total combined actual annual HAP

emissions are not greater than 12.5 tons per 12-month period# Total actual emissions of all

contaminants must be less than half of the applicable thresholds.

The “actual annual emissions” limitsapply to the rolling 12-month basis at the endof each month of operation. The MajorSource thresholds are found in 6 NYCRRPart 201.2.1(b)(21).

STATE FACILITY PERMITThe following facilities must operate

under a State Facility Permit:*

Facilities in the New York City and LowerOrange County Metropolitan Areas

# Total annual actual VOC emissionsare greater than 12.5 tons, but lessthan 25 tons per 12-month period.

# Total actual annual emissions of anyindividual actual HAP emissions mustbe between 5 and 10 tons per 12-month period.

# Total combined actual annual HAPemissions are not greater than 25 tonsper 12- month period or between 5and 10 tons of total VOC emissionsfor those sources seeking a cap toavoid the applicable requirements of 6

NYCRR Section 212.10.# Total actual emissions of all

contaminants must be less than half ofall “Major Source” thresholds.

The “actual annual emissions” limitsapply to the rolling 12-month basis at the endof each month of operation. The Major Sourcethresholds are found in 6 NYCRR Part201.2.1(b)(21).

All Other AreasTo be eligible to operate under a State

Facility Permit, a facility located outside of


the New York City and Lower Orange CountyMetropolitan Areas must meet all of thefollowing conditions:*

# Total annual actual VOC emissionsare greater than 25 tons, but less than50 tons per 12-month period orbetween 5 and 10 tons of total VOCemissions annually for those sourcesseeking a cap to avoid the applicablerequirements of 6 NYCRR

Section 212.10.# Total actual annual emissions of any

individual actual HAP emissions mustbe between 5 and 10 tons per 12-

month period.# Total combined actual annual HAP

emissions are not greater than 25 tons per 12-month period.# Total actual emissions of all

contaminants must be less than all “Major Source” thresholds.

The “actual annual emissions” limitsapply to the rolling 12-month basis at the endof each month of operation. The MajorSource thresholds are found in 6 NYCRR Part201.2.1(b)(21).

TITLE V FACILITY PERMITTitle V Facility Permits are required

for all “Major Sources” in New York State.The definition of Major Source is found in 6NYCRR Part 201-2.1(b)(21). All foodprocessing facilities in the New York CityMetropolitan Area (New York City,Westchester, Rockland, Nassau, and SuffolkCounties) and the Lower Orange CountyMetropolitan Area (towns of BloomingGrove, Chester, Highlands, Monroe, Tuxedo,Warwick, and Woodbury) with an annualpotential to emit 25 tons or more of nitrogenoxides or 25 tons or more of volatile organiccompounds must obtain a Title V air permitand are subject to the VOC RACT controlrequirements of Part 212. Facilities locatedoutside of Lower Orange County and the NewYork City Metropolitan Area with an annual

potential to emit 100 tons or more of nitrogenoxides or 50 tons or more of volatile organiccompounds must obtain a Title V air permitand are subject to the VOC RACT control requirements of Part 212.

* The following rules override the conditionslisted above for Minor Facility Registrations,State Facility Permits, and Title V Permits:

# Any new facility that is in anindustrial category to which a federalNew Source Performance Standard(NSPS) exists and has a potential toemit below the major sourcethresholds must obtain a State FacilityPermit, regardless of location orquantity of emissions from thatfacility.

# Any new facility that emits acontaminant listed as a hazardous airpollutant, excluding those facilitiessubject to VOC Reasonably AvailableControl Technology (RACT)requirements must obtain a StateFacility Permit, regardless of locationor quantity of emissions from that

facility.# Any facility that is subject to a DEC-

approved variance from therequirements of a state VOC RACTregulation must obtain a State FacilityPermit, regardless of location orquantity of emissions from thatfacility.

# Any facility that is subject to aNational Emission Standard forHazardous Air Pollutant (40 CFR Part63) must obtain a Title V Permit,regardless of location or quantity ofemissions from that facility.

RECORD KEEPING Even if your facility is exempt fromminor facility registration or air permittingrequirements, you should still maintainrecords of your VOC emission rates.


Water Regulations Regulations InformationIt is illegal to discharge directly to surface orgroundwaters without a SPDES permit.

# Show proof of compliance withapplicable DEC air requirements.

# Be able to determine if your facilityneeds any registrations or permits.

# Be prepared to provide information toany Regional DEC inspectors if, andwhen they call to visit your facility.

# Help your facility toward implementinga pollution prevention program.

If you are a food processing facility withfewer than 100 employees and need assistancein computing your VOC emissions andfinding out what registration/permits youneed, call the Small Business AssistanceProgram (SBAP) at (800) 780-7227. TheSBAP is a non-regulatory program thatprovides free confidential technical assistanceto help small businesses achieve voluntarycompliance under the Clean Air Act.

PERMITTING REQUIREMENTSWastewater is commonly generated at

food processing facilities during foodpreparation, processing, and cleaningoperations. If your food processing facilitydirectly discharges wastewater into surface orgroundwaters, then you are required to obtaina State Pollutant Discharge EliminationSystem (SPDES) Permit. These permits areregulated under 6 NYCRR Parts 750-758.

A SPDES Permit will list all pollutantsyour facility is discharging into surface orgroundwater that DEC determines necessaryto address. It may contain limits, action levelsor monitoring for each pollutant. Limitsapplied to your discharge will be the morestringent of either technology-based limits(sometimes referred to as best availabletechnology or BAT limits), or water qualitylimits. Water quality limits are calculatedaccording to the classification and ambientstandards assigned to the specific water bodyreceiving the discharge. All surface waters

and groundwaters in NYS are classifiedaccording to the best usage, e.g., drinkingwater or fish propagation.

To make certain you are complying withyour permit limits, you may be required tosample your discharge and submit monitoringreports. Contact your regional DEC office forinformation on obtaining a SPDES Permit.

PRETREATMENT PROGRAMIn most instances, wastewater from food

processing facilities will require some form ofpretreatment prior to discharge into amunicipal sewer system. The goal of thepretreatment program is to: (1) protectmunicipal wastewater treatment plants fromdamage that may occur when hazardous,toxic, or other wastes are discharged into asewer system from industrial activities; (2)

monitor the quality of sludge generated bythese plants; and (3) protect receiving waterby preventing the introduction of pollutantsinto a publicly owned treatment works(POTWs) which could pass through untreated.If you discharge wastewater directly into amunicipal sewer system, you should checkwith your local POTW for dischargerequirements. There may be certainrestrictions, in addition to pretreatmentrequirements, for the discharge of wastewaterinto POTWs.

NONPOINT SOURCE PROGRAMIf you are a food processor, you might

have a nonpoint source discharge. Nonpointsource pollution is a term that includes, forexample, urban and agricultural runoff,erosion and sedimentation, or atmosphericdeposition (acid rain). DEC has identifiedmore than 40 different types of nonpoint


sources associated with common activitiessuch as agriculture and silviculture, urbanstorm water runoff, construction and landdevelopment, streambank use, chemical andpetroleum bulk storage, mining and roadwaymaintenance.

Typical pollutants from nonpointsources include soil particles, nutrients suchas phosphorous and nitrogen, toxicsubstances, pathogens, and organic materialssuch as sewage and food waste that use up thewater’s oxygen as they decompose.

STORM WATER MANAGEMENTAnother potential source of wastewater

at your food processing facility is storm waterdischarges. Stormwater gathers a variety ofpollutants that are mobilized during runoffevents that comes in contact with potentialpollutants, such as product spills, uncoveredwaste containers, or spilled liquids related tovehicle or mechanical maintenance. Thepollutants found in storm water will bedependent on the type of material(s) the raincomes in contact with prior to discharge.

In 1987, under the Clean Water Act,EPA established a program to address stormwater discharges associated with industrialactivity. The term “storm water dischargeassociated with industrial activity” refers to astorm water discharge from one of 11categories of industrial activity defined in 40CFR 122.26. Six of the categories are definedby SIC codes, while the other five areidentified through narrative descriptions of theregulated industrial activity. Food processingfacilities are listed in category xi. Thiscategory includes facilities with storm waterdischarges from areas where materialhandling equipment or activities, rawmaterials, intermediate products, finalproducts, waste materials, byproducts, orindustrial machinery are exposed to stormwater. These areas may include:

C Industrial plant yardsC Material handling sitesC Refuse sites

C Sites used for application or disposal ofprocess wastewater (as defined in 40

CFR 401)C Sites used for storage and maintenance

of material handling equipmentC Sites used for residual treatment,

storage, or disposalC Shipping and receiving areasC Manufacturing buildingsC Storage areas (including tank farms) for

raw materials and intermediate andfinished products

C Areas where industrial activity has takenplace and significant materials remain.

Material handling activities at yourfacility include the storage, unloading andloading, transportation, or conveyance of anyraw material, intermediate product, finishedproduct, by-product, or waste product.

If your food processing facility isrequired to obtain a storm water permit, youmay be required to prepare and implement astorm water pollution prevention plan.

# In order to develop a Storm WaterPollution Prevention Plan, you mustobtain a copy of the SPDES GeneralPermit for Storm Water Discharges.You can get a copy by calling your DECRegional office (see Section IV for thelocation of your regional office). TheStorm Water Pollution Prevention Plancan be written by you or consultant.

# Second, submit a “Notice of Intent”(NOI) to: Storm Water Notice of Intent,P.O. Box 1215, Newington, VA 22122.This address may change later this year.

Call DEC at (518) 457-0624 if you haveany questions on the storm water managementprogram.

SAFE DRINKING WATER ACTThe Safe Drinking Water Act (SDWA)

authorizes the EPA to protect undergroundsources of drinking water through the controlof underground injection of liquid wastes. The


Pesticide Use

Hazardous Waste Regulations

EPA accomplishes this by the federalUnderground Injection Control (UIC)program. Under this program the EPArequires owners and operators of facilities thatdischarge non-sanitary wastewaters intogroundwater to (1) either close the cesspool,drywell or septic system, or (2) obtain apermit under the UIC Program. This section isincluded to notify the food processingindustry that floor drains should not have adirect discharge to the ground or groundwater.This could be considered an undergroundinjection and would constitute a violation ofthe SDWA unless authorized by a UIC permit.

The control of insects, weeds, and otherpests in and around your facility should haveminimal impact on human health, theenvironment, and non-target organisms. TheNYS Department of EnvironmentalConservation (NYSDEC) is the lead agency inNew York for the regulation of the sale anduse of pesticides. NYSDEC conducts publicoutreach activities and regulatory complianceassistance activities. Questions on pestmanagement and the state pesticide regulatoryprogram can be directed to the NYSDECCentral Office, Bureau of PesticidesManagement, (518) 457-0917 or to any of theNYSDEC regional offices. (See the ResourceGuide for a listing of NYSDEC RegionalOffices.) Your facility should be aware thatthe NYSDEC has regulatory and CommercialPesticide Certification Requirements in theFood Processing Category for all pesticideapplications. In an effort to reduce to thegreatest extent possible the use of chemicalpesticides, your facility should institute anintegrated pest management plan (IPM). AnIPM plan is a systematic approach tomanaging pests that focuses on long-termprevention or suppression with minimalimpact on human health, the environment, andnon-target organisms. Other techniques to

reduce pesticide use can include thefollowing:

# Keeping food preparation and storageareas within the facility clean and freefrom residues to avoid harboring orattracting pests.

# Removing litter, waste refuse and uncutweeds and grass within the immediatevicinity of the building to reduceattraction and harborage of rodents and

insects.# Inspecting all the structures on the

premises to identify needed repairs thatcould reduce or prevent pest

infestations.# Preventing breeding grounds for insects

by ensuring there is proper drainagearound your building.

HAZARDOUS WASTES GENERATEDBY THE FOOD PROCESSINGINDUSTRY

Hazardous wastes are regulated underboth the federal Resource Conservation andRecovery Act (RCRA) and New York Statelaws. The regulations first apply when ahazardous waste is generated and extendedthrough accumulation, handling, shipping anddisposal of the waste. Regulations cease onlywhen the waste and all hazardous residualsare ultimately disposed. These regulationswere enacted to protect human health and theenvironment, as well as to reduce the amountof waste generated and ensure that wastes aremanaged in an environmentally soundmanner. The hazardous waste regulations aremulti-tiered such that facilities generating andaccumulating smaller quantities of waste areable to comply with less regulatoryrequirements, while those facilities thatgenerate larger quantities of waste will berequired to comply with more stringentrequirements. The New York State hazardous


Knowledge

If you are certain that a specific waste that yougenerate is not hazardous because of yourknowledge about this it, then you can disposeof it as a solid waste. However, it is yourresponsibility to make this determination, andyou will be liable for any illegal disposal ofhazardous waste if your determination is notcorrect.

waste regulations are covered under 6NYCRR Parts 370-374 and 376 and apply toany business in the food processing industrythat generates hazardous waste.

No matter what wastes you dispose of, itis your responsibility to determine the typeand quantity of hazardous waste you generateand to properly manage it. Since disposal feesfor hazardous waste can be very expensive, itwould be in your best interest to practice goodhazardous waste management. Call the DECPollution Prevention Hotline toll free at (800)462-6553 for assistance with managing yourhazardous waste. Also, refer to Section IV formore information on technical assistanceproviders.

Below are some waste streamscommonly generated by the food processingindustry which may be considered hazardouswaste:

# Vehicle maintenance waste# Waste ink from packaging and printing# Spent or unusable chemical

preservative# Solvent-laden rags# Spent solvent-based cleaning materials# Pesticides# Spent lab chemicals# Fluorescent lamps# Used electronics (i.e., computer

equipment) DO YOU GENERATE HAZARDOUSWASTE?

If you generate waste at your facility, youshould determine which wastes are hazardous.As a good management practice, you shouldalways keep solid waste separate from yourhazardous wastes. This will reduce oreliminate the mixing and/or contamination ofwastes which could increase your disposalcosts.

One way to make a hazardous wastedetermination is to see if your waste is listedin the New York State regulations, 6 NYCRRPart 371. If your waste is listed, it ishazardous. If your waste is not listed in Part

371, it could exhibit a hazardous wastecharacteristic such as: ignitability, corrosivity,reactivity, or toxicity according to themethods explained in 6 NYCRR Parts 371 and372.

You can apply your knowledge of thewaste to determine if it exhibits a hazardouscharacteristic. You must have a basis formaking this determination such as materialsafety data sheets (MSDSs) or past analyticalresults. MSDSs may contain importantinformation such as ignitability (flashpoint),corrosivity, or reactivity for substances orchemicals that you use in your shop. Pleasenote that MSDSs only describe the newproduct. Due to use of the product, waste maybecome hazardous, e.g., by mixing orcontamination.

HAZARDOUS WASTE CATEGORIESOnce you have determined that your

business generates hazardous waste, then it isnecessary to determine your hazardous wastecategory status. Depending on the quantityand type of waste generated and the amount ofwaste stored, you will be in one of thefollowing categories: Conditionally ExemptSmall Quantity Generator (CESQG), SmallQuantity Generator (SQG), or Large QuantityGenerator (LQG).

CONDITIONALLY EXEMPT SMALLQUANTITY GENERATOR

You must meet all of the followingconditions in order to qualify for thisgenerator status:


Did You Know?As a CESQG, you can transport up to 220 lbs.of your own waste to a NYS approved facility.

Did You Know?As a Small Quantity Generator, you cannottransport your own waste. You must use a 6NYCRR Part 364 permitted transporter.

# Generate no more than 220 pounds(approximately 28 gallons) of hazardousw a s t e p e r c a l e n d a r m o n t h .

# Generate no more than 2.2 pounds ofacute hazardous waste per calendarmonth.

# Store no more than 2,200 pounds ofhazardous waste on site at any time.

# Store no more than 2.2 pounds of acutehazardous waste at any time.

A CESQG Must Comply with the Following:

# Identify its hazardous waste.# Comply with storage quantity limits.# Ensure proper treatment and/or disposal

of its waste.# Ensure delivery of the waste to a

treatment or disposal facility by bringingno more than 220 pounds of hazardouswaste to the authorized treatment ordisposal facility; or have the wastetransported by a 6 NYCRR Part 364permitted hazardous waste transporter.

A CESQG must ensure delivery of itshazardous waste to an offsite treatment ordisposal facility that is a:

# State or federally regulated hazardouswaste management treatment, storage ordisposal facility.

# Facility permitted by NYS to managemunicipal or industrial solid waste.

# Facility that uses, reuses or legitimatelyrecycles the waste.

# Permitted household hazardous wastecollection facility that accepts CESQGwaste. See Section IV for a list ofparticipating municipalities.

SMALL QUANTITY GENERATORYou must meet all of the following

conditions in order to qualify for this

generator status:

# Generate no more than 2,200 pounds ofhazardous waste per calendar month.

# Generate no more than 2.2 pounds ofacute hazardous waste per calendar

month.# Store no more than 13,200 pounds of

hazardous waste on site at any time.# Store no more than 2.2 pounds of acute

hazardous waste at any time.

A SQG Must Do the Following:

# Obtain an EPA Identification Number bycalling EPA at (212) 637-4106.

# Submit a completed hazardous waste manifest form.# Use a 6 NYCRR Part 364 permitted

hazardous was t e t r anspor t e r .# Limit on-site storage. Waste must be

shipped within 180 days of accumulation,or 270 days if the treatment, storage, ordisposal facility is greater than 200 milesaway.

# Follow emergency preparedness andresponse requirements.

# Adhere to land disposal restrictions.

Storing Your Hazardous Waste

# Keep the waste in a separate storage areawhich is labeled “Hazardous Waste

Storage Area”.# Label all containers.# Mark each container with the date you

began collecting waste in that container.# Use proper containment (pallets with

built-in spill containment or berms) in case of leaks.# Keep containers closed when not in use.# Keep containers in good condition and

periodically inspect for leaks, cracks or


rust.

For more information on small quantitygenerators, request a copy of the manual,Environmental Compliance and PollutionPrevention for Small Quantity Generators bycalling (800) 462-6553.

LARGE QUANTITY GENERATORLarge Quantity Generators are fully

regulated under 6 NYCRR Parts 370-374 and376 and are not covered in this manual. LargeQuantity Generators can obtain a copy of theregulations by calling (518) 457-0532.

UNIVERSAL WASTE In an effort to streamline environmentalregulations for wastes that are generated bylarge numbers of sources in relatively smallquantities, USEPA issued the Universal WasteRule in 1995. It is designed to reduce theamount of hazardous waste items in themunicipal solid waste stream; encourage therecycling and proper disposal of somecommon hazardous wastes; and reduce theregulatory burden on businesses and othersources that generate these wastes. Although,handlers of universal wastes must meet lessstringent standards for storing, transporting,and collecting wastes, the wastes must complywith full hazardous waste requirements forfinal recycling, treatment, or disposal. Universal wastes include such items ash a z a r d o u s b a t t e r i e s , h a z a r d o u smercury-containing thermostats, certainpesticides, and now hazardous lamps.

The rule adding hazardous waste lampsto the federal list of universal wastes tookeffect in non-RCRA authorized states onJanuary 6, 2000. New York State is anauthorized state, so the rule didn’t take effectin New York State until it was adopted by theNew York State Department of EnvironmentalConservation (NYSDEC). In order to includehazardous waste lamps as universal wastes,NYSDEC had to either amend the NYSDEChazardous waste regulations or publish anenforcement directive. An enforcementdirective can be used as an interim tool to

allow certain USEPA regulations to be used inlieu of NYSDEC regulations until such timeas NYSDEC regulations can be updated.

On October 22, 1999, NYSDEC issuedan enforcement directive allowing hazardouswaste lamps, such as most fluorescent lamps,to be regulated as universal wastes. Notice ofthis enforcement directive was published inthe Environmental Notice Bulletin onNovember 3, 1999. This enforcementdirective took effect on January 6, 2000. Asof January 6, 2000, handlers of hazardouswaste lamps are able to choose betweenhandling their lamps under the traditionalregulatory scheme or as universal wastes.However, once you declare your lampsuniversal wastes, you must continue to handlethem as universal wastes. Jumping back andforth between the traditional RCRA approachand the Universal Waste Rule in order toavoid any requirements is prohibited. If ahandler of hazardous waste lamps fails tocomply with the USEPA Universal Wastestandards, they may be considered to be inviolation of existing hazardous waste laws andregulations. The 6 NYCRR Part 364 WasteTransporter requirements are applicable,requiring transporters carrying over 500pounds of universal wastes to have a WasteTransporter Permit. All hazardous waste generators that arerequired to manifest their hazardous waste aresubject to the Environmental ConservationLaw (ECL) 27-0907. These generators mustsign a certification on the manifest form that,“the generator of hazardous waste has in placea program to reduce the volume or quantity oftoxicity of such waste to the degreedetermined by the generator to beeconomically practical.” A good source ofguidance is the “Hazardous Waste ReductionPlan - Guidance Document,” available bycalling the Hazardous Determination Sectionof the Division of Solid and HazardousMaterials at (518) 485-8988.


Hazardous Waste Determination

Solid Waste Regulations

DEFINITIONThe term hazardous waste determination

will be mentioned throughout this section ofthe manual. If you are a business thatgenerates hazardous waste, you shouldunderstand the term since it applies to most ofthe waste streams mentioned in this section. Ifyou have not read Section II of this manual,Regulations, you should do so in order tofamiliarize yourself with the requirements andconditions for hazardous waste generators.

Specific hazardous waste types havedesignated waste codes. A waste code is afour-digit classification system used by theNYSDEC to identify wastes on labels,shipping papers, and other records. Allhazardous waste codes begin with either “F”,“K”, “U”, “P” or “B”; characteristic wastesbegin with the letter “D”. For a completelisting, consult 6NYCRR Part 371. If yougenerate a waste at your facility that is notlisted in 6 NYCRR Section 371.4 of theHazardous Waste Regulations, you must thendetermine if that waste is hazardous by any ofthe following four characteristics: ignitability,corrosivity, reactivity, and toxicity.

IgnitabilityIf your liquid waste has a flashpoint of lessthan 140E F, it is hazardous. Examplesinclude: parts cleaners, solvents, and wastegasoline.

CorrosivityIf your waste has a pH of 2.0 or lower, or apH of 12.5 or higher, it is hazardous.Examples include: caustic degreasers, andacid or alkaline cleaning solutions.

ReactivityIf your waste is unstable and undergoesviolent chemical reaction spontaneously orreacts violently with air or water, it ishazardous. An example would be pressurizedaerosol cans.

ToxicityIf your waste is not ignitable, corrosive orreactive, then it might have to be tested fortoxicity according to the methods explained in6 NYCRR Parts 371 and 372, or in the federalregulations, 40 CFR Part 261. Examplesinclude: used facility towels or rags, oilywastes, oil absorbents, floor drain and sumpsludge, and used antifreeze. A toxicity test isdone by having a representative sample of thewaste tested by a certified lab where it isanalyzed using a toxicity characteristicleaching procedure (TCLP) test. For a copy ofcertified labs in New York State, call (800)462-6553. If the test exceeds one or more ofthe allowable standards shown in theAppendix, then the waste is hazardous.

In 1988, the Solid Waste ManagementAct put emphasis on waste reduction, reuseand recycling as primary solid wastemanagement methods. Every food processingfacility should be aware of what items theyare discarding and how they are disposing ofthem. The best way to do this is to develop asolid waste management disposal plan foryour facility. The first step in developing yourplan is to conduct a waste audit of yourbusiness. A waste audit will show where youcan improve your purchasing practices andhelp identify potential waste reduction andrecycling options. Also, a waste audit willhelp you get accurate information on thenature and quantity of your waste. Businessesthat implement waste reduction, reuse andrecycling have benefitted by reducing costs.

Here are some waste reduction andrecycling strategies your company can adopt:

# Use reusable shipping containers andpallets.

# Use minimal or reusable packaging.# Purchase reusable products and supplies.# Recycle your office paper.# Make sure your employees practice


Bulk Storage Regulations

waste reduction and recycling methods.

If you need a copy of the WasteAudit Reference Manual, call the DECBureau of Waste Reduction and Recyclingat (518) 457-7337.

Land Application, Composting, Renderingand Animal Feed

Composting of organic waste can be aneffective waste reduction measure bypreventing organic materials from entering thewaste stream. It is a natural process by whichorganic materials are allowed to decomposeunder controlled conditions. Compost is usedfor fertilizing and conditioning soil. Anotherpossible method for reducing waste disposalwhile enhancing soil conditions is thelandspreading of organic waste. Exemptionsfor the land application of food processingwaste are found in 6NYCRR Part 360-4.1(c)(1) and (c)(2). An exemption for thecomposting of food processing waste is foundin 6NYCRR Part 360-5.1(b)(2). Thedefinition of food processing waste, for thepurpose of Part 360, is found in Part 360-1.For more information on composting contactthe NYSDEC, Division of Solid andHazardous Materials, Bureau of WasteReduction and Recycling at (518) 457-7337.For more information on land spreadingcontact the NYSDEC, Division of Solid &Hazardous Materials, Bureau of WasteReduction and Recycling and the NYSDECDivision of Water, Bureau of Water Permits at(518) 457-0656.

The rendering of oil, grease, fat, and meatand bone cuttings, which results in tallow,grease, and protein meals, is another wastedisposal reduction method. For moreinformation on rendering, contact the NYSDepartment of Agriculture and Markets,Division of Food Safety and Inspection at(518) 457-5382.

Some facilities collect food by-products(including liquid food waste) for local farmersto use as animal feed or for animal foodmanufacturing. Offering certain food by-products for use as animal feed is an

economical and environmentally sound wayfor food processors to reduce waste dischargesand waste management costs. Check with theNYS Department of Agriculture and Markets,Division of Food Safety and Inspection at(518) 457-5382 and the NYSDEC, Division ofSolid and Hazardous Materials, Bureau ofWaste Reduction and Recycling at (518) 457-7337 for information regarding the lawsgoverning food for animal feed.

If your facility utilizes solvent,degreasers, petroleum products, etc., you mayhave to comply with state and federal bulkstorage regulations. The bulk storageregulations pertain to tank registration,upgrades, and inspections for the safehandling and storage of over 1,000 differenthazardous substances as well as stringentdesign standards for new construction.

HAZARDOUS SUBSTANCESNew York’s Chemical Bulk Storage

(CBS) Program addresses both underground(UST) and aboveground storage tanks (AST)containing regulated hazardous substances. In1986, the state legislature passed theHazardous Substance Bulk Storage Act,which required DEC to establish a programfor preventing the release of hazardoussubstances into the environment. Phase I (6NYCRR Parts 595, 596, and 597) of the CBSregulations was adopted on July 15, 1988 andestablished a list (Part 597) of chemicals to beregulated. These regulations (Part 596)required the registration of ASTs that exceed185-gallon capacity and all USTs that storeany of these hazardous substances whethersingularly or in combination.

Phase II was adopted on August 15,1994. This phase modified Parts 595, 596,and 597 and established minimumrequirements and schedules in Parts 598 and599 for the design, construction, installation,operation, maintenance, repair, monitoring,


testing, and inspection of storage facilities.

Regulatory Deadlines and Requirementsfor Facility Upgrade

Part 598 establishes the upgraderequirements for USTs with a deadline ofDecember 22, 1998 (the same as the EPA’sUST program) and for ASTs with a deadlineof December 22, 1999. Facilities constructedafter February 11, 1995 must meet thestandards for all new or substantially modifiedfacilities (Part 599). The installation of a newtank, even a replacement tank, is considered asubstantial modification. Repairs andreplacements to ancillary piping, vents,gauges, pumps, etc., are not consideredsubstantial modifications.

USTs are required to be (1) corrosionresistant, consisting of cathodically-protectedsteel, fiberglass-reinforced plastic, or acombination of both, and must have (2)secondary containment with interstitialmonitoring for leak detection.

If the tank is not double-walled, it mustbe installed inside an excavation liner tocontain any release. All USTs must beequipped with spill and overfill preventiondevices to include high-level alarms orautomatic shutoff devices, spill catchmentbasins at the fill-port, and secondarycontainment for the transfer station.Underground piping must be corrosionresistant and have secondary containmentwith interstitial monitoring.

By December 22, 1999, all ASTs must beupgraded. Tanks in contact with soil must becathodically protected. Tanks constructed ofmaterials which could melt when exposed tofire must be protected from fire. All ASTsmust have secondary containment and beequipped with a product level gauge andeither a high-level alarm, a high-level rip, oran overflow to a catch tank. The storage tankmust be equipped with valves to control theflow of product for each tank connection.

Secondary Containment at TransferStations

A transfer station is an area where pipes

or hoses are connected and disconnected toempty or fill a storage tank. This includesrailways, roads, containment basins, curbs,collection sumps, and impervious pads wherea vehicle or container is located to off-load orto receive a hazardous substance, where acoupling to a transfer line is made for thepurpose of hazardous substance transfer, orwhere a system to collect and contain spillsresulting from transfer is located. ByDecember 22, 1999, all transfer of hazardoussubstances at a registered facility must occurwithin a transfer station equipped withpermanently installed secondary containment.The goals of the program are to control anyrelease from bulk storage systems and transferoperations and to reduce/eliminate releases tosoil, surface water, and groundwater.

SPILL PREVENTION REPORTThe Spill Prevention Report (SPR) is

considered to be the cornerstone of the CBSregulations and was required after August 11,1996. The major elements of the SPR requirea listing of all spills over the previous five-year period, an assessment of the causes ofthose spills, a compliance assessment of bulkstorage operations, a record of inspections, aspill response plan, and management’ssignature indicating acceptance and approvalof the report. A proper SPR can minimize andeliminate injury, loss of life, hospitalization,subsequent remediation, and reduce thefacility’s overall liability.

PETROLEUM PRODUCTSIn 1983, the NY State Legislature enacted

Article 17, Title 10 of the EnvironmentalConservation Law, entitled “Control of theBulk Storage of Petroleum.” The law appliesboth to Underground Storage Tanks (USTs)and Aboveground Storage Tanks (ASTs), orgroupings of such tanks with a combinedstorage capacity of more than 1,100 gallons.Exempted from this law because they areregulated under other programs are: oilproduction facilities; facilities licensed underthe Navigation Law; and facilities regulatedunder the Natural Gas Act.


Under 6 NYCRR 612-614 passed in1985, owners were required to register storagefacilities with DEC by December 27, 1986.Facilities must be re-registered every fiveyears. Registration fees vary from $50 to$250 per facility, depending on capacity.New facilities must be registered before beingplaced into service. DEC must be notifiedwithin 30 days prior to substantialmodifications

Nassau, Suffolk, Rockland and CortlandCounties administer the program in theselocalities, pursuant to delegation from DEC.Because these counties may have morestringent requirements than the state, ownersand operators should contact their county tolearn of specific local requirements.

All facilities regulated under Article 17,Title 10 must meet certain handling andstorage requirements established by DEC.Existing USTs and ASTs must observe rulesfor color coding of fill ports, shutoff valves,gauges and check valves. Aboveground tanksmust be provided with secondary containment(i.e., berms or other devices to contain spills).Operators of USTs must keep daily inventoryrecords (and maintain them for five years) andnotify DEC and the tank owner within 48hours of unexplained inventory losses. Theymust test tanks and pipes every five years ormonitor the interstitial space of double-walledequipment. Operators of ASTs must conductmonthly visual inspections. Every 10 yearsthey must clean out the tanks, remove thesludge from the bottom, inspect for structuralintegrity and test for tightness. Tanks that aretemporarily out of service (30 days or more)must be drained of product to the lowest drawoff point. Fill lines and gauge openings mustbe capped or plugged. Inspection andregistration must continue. Those tanks thatare permanently out of service must beemptied of liquid, sludge and vapors and musteither be removed or filled with solid inertmaterials such as sand or concrete slurry.DEC must be notified 30 days prior to fillingor removal.

Part 614 applies to all new and modifiedfacilities. New USTs must be made of

fiberglass-reinforced plastic; cathodicallyprotected steel (to protect against thecorrosion caused by contact between steel andsoil); or steel clad with fiberglass-reinforcedplastic. Secondary containment such as adouble-walled tank, a vault, a cut-off wall oran impervious underlayment must beprovided. Monitoring of the interstitial space,an in-tank monitoring system or one or moreobservation wells is required. New ASTsmust be constructed of steel. If their bottomrests on the ground, the tank must havecathodic protection. An impermeable barriermust be installed under the tank bottom, withmonitoring between the barrier and thebottom. New underground piping systemsmust be designed with a 30-year lifeexpectancy. If made of steel, they must becathodically protected. Pipes may beconstructed of fiberglass-reinforced plastic orother equivalent non-corrodible materials.

REPORTING A SPILLReporting spills is a crucial first step in

the response process. There may be severaldifferent state, local, and federal laws andregulations that require spillers to reportpetroleum and hazardous material spills.

Hazardous SubstancesAssociated with each regulated hazardous

substance under Part 597 is a ReportableQuantity (RQ), one for a release to air and onefor a release to land/water. Appropriateparties are required to take prompt remedialaction to protect human health and theenvironment in the event of a spill. A spillthat exceeds the RQ but is contained byeffective secondary containment, and which iscleaned up within 24 hours, is not reportableunless it could result in a fire or explosion orpose a health risk to adjacent parties. When arelease exceeds the reportable quantity for thatsubstance, the facility must report the releaseto the DEC Spill Hotline (800) 457-7362)within two hours of discovery. Part 595applies to all releases, including those fromchemical process tanks, chemical fires,explosions, and non-registered facilities.


Petroleum ProductsPetroleum spills must be reported to DEC

unless they meet all of the following criteria:# The spill is known to be <5 gallons.# The spill is contained and under the

control of the spiller.# The spill has not and will not reach the

state’s water or any land.# The spill is cleaned up within two hours

of discovery.

All reportable spills must be reported tothe DEC Spills Hotline at (800) 457- 7362.

Section IV - POLLUTION PREVENTION

There are many different kinds ofpollution prevention techniques that can beincorporated into your major process activities(e.g., receiving, preparation , processing,packaging and distribution) as well as yourancillary operations (e.g., refrigeration,cleaning, maintenance, laboratory activities).

Food processors who practice pollutionprevention benefit the environment byproducing less waste and reducing the transferof waste from one environmental medium toanother. In addition, business performanceimproves through greater efficiency, wiserenergy use, increased product quality andenhanced public image.

The term pollution prevention (P2) refersto the elimination or reduction in volume ortoxicity of waste prior to generation or priorto recycling, treatment or release to theenvironment. Pollution prevention can bereferred to as waste reduction, wasteminimization, or source reduction. Aneffective pollution prevention program can:

# Reduce the risk of criminal and civilliability.

# Reduce your operating costs.# Improve employee morale, participation,

and safety.# Enhance your company’s image in the

community.# Protect the public health and the

environment.

Here are a few general pollutionprevention tips that you can try at yourfacility:

# Always obtain the material safety datasheets (MSDS) from your supplier orvendor for any chemical you use in yourfacility. They provide specificinformation about the material.

# Inspect all shipments and return allunacceptable or damaged materials;especially those items that could becomehazardous wastes once they are signedfor.

# Implement cost-effective modificationsor improvements to operating andcleanup procedures. Process operationswill run more efficiently and less wastewill be generated

# Reduce the amount of water and thewaste resulting from process material andproduct loss through better preventivemaintenance.

# Improve your purchasing and inventorymethods to ensure that materials do notexceed shelf life. Date all raw materialsand chemicals and use the first-in, first-out method of inventory control. Expiredand outdated materials that can’t be usedcreate waste.

# Turn off electrical equipment such aslights and copiers when not in use.

Remember, the first step in establishinga pollution prevention program at your facilityis to implement employee awareness. Oneway this can be achieved is by offeringtraining sessions on regulatory complianceand waste minimization so that youremployees can familiarize themselves with theproper waste management strategies.

Even though your facility may generate asmall amount of waste, keep in mind thatthere are thousands of facilities that generatea small amount just like you. Together thesefacilities generate a large amount of waste thatmust be managed properly.

For more information on food processing


Used Oil

RememberAll retention

tanks for storingused oil must beregistered with

DEC.

pollution prevention techniques, the PollutionPrevention Unit developed the EnvironmentalSelf-Assessment for the Food ProcessingIndustry manual. This manual will allow youto compare and evaluate pollution preventiontechniques to identify those that may help youmeet your pollution prevention goals.

Section V-WASTE STREAMMANAGEMENT

To assist the food processing industry incomplying with environmental regulations,this section will discuss the best managementpractices for the waste streams that may begenerated in this industry. Each waste streamlisted will give the reader an interpretation ofthe DEC regulatory requirement and thepreferred waste management techniques thatfacilities should use when disposing of theirwaste. If you need assistance in determininghow to manage any of the following wastestreams, you can call the Pollution PreventionHotline toll free at (800) 462-6553.

REGULATORY REQUIREMENTSUsed oil is not regulated as a hazardous

waste if it is recycled or burned for energyrecovery. This means that your used oil, if notmixed or contaminated with hazardous waste,can be managed under the used oilregulations, 6 NYCRR Subparts 360-14 and374-2. Used oil includes used crankcase oil,metal working oils, gear oil, transmissionfluid, brake fluid, hydraulic fluid, dielectricfluid (excluding PCBs), and tank bottomsfrom used oil tanks only.

If you are disposing of any used oil ratherthan recycling or burning for energy recovery(i.e., spills, soil contamination, cleanup), oryour used oil is mixed with other wastes, then

you must make a hazardous wastedetermination and comply with any applicablehazardous waste regulations.

Used Oil Storage TanksAll used oil retention tanks, no matter

what size, must be registered with DEC andclearly labeled “USED OIL”. However, feesare required only if thestorage capacity of theused oil tank is greaterthan 1,100 gallons, andthe used oil is burned onsite for heating. Formore information onregistration of petroleumstorage tanks, please call(888) 457-4351.

Secondary ContainmentSecondary containment is any structure

which is designed to prevent leaks and spillsfrom reaching the land or water outside thecontainment area. All aboveground tanks witha capacity of 10,000 gallons or more must beequipped with secondary containment. Allaboveground tanks smaller than 10,000gallons are required to be equipped withsecondary containment if it is reasonablyexpected that the facility is within closeproximity to ground or surface waters of thestate. Facilities within 500 feet of thefollowing resources may be consideredpresumptive evidence of being in closeproximity to ground or surface waters:

# perennial or intermittent stream# public or private well# primary or principal aquifer# wetlands as defined in 6 NYCRR 664# lake, pond, estuary, etc.# storm drain

Did You Know?# It takes 42 gallons of crude oil to yield

2.5 quarts of lubricating oil.# When used oil is recycled, it takes about

one gallon to yield 2.5 quarts oflubricating oil.

All pollution prevention activities shouldbe carried out in accordance with foodsafety requirements and regulations.


Parts Cleaning and Degreasing

# Used oil from a single oil change cancontaminate a million gallon watersupply for 10,000 people.

# Used oil is the largest single source ofpollution in our nation’s waterways.

# Used oil can contain toxic substancessuch as arsenic, benzene, cadmium, lead,and zinc.

# There are 1.2 billion gallons of waste oilgenerated annually in the United States.

Transporting Used Oil# Your facility can transport up to 500

pounds (roughly 55 gallons) of used oilat one time to an approved used oilmanagement facility.

# Your facility can transport up to 500pounds of used oil to a facility owned byyour company.

# If you transport over 500 pounds of usedoil, you are required to have a DEC 6NYCRR Part 364 Transporter’s Permit totransport used oil.

# You cannot transport used oil to anotherservice station or business unless they areauthorized by DEC to accept used oil.

POLLUTION PREVENTION TIPSHere are some tips on managing your

used oil:

# Store used oil in closed containerslabeled “USED OIL”. This is also arequirement under the used oilregulations.

# Do not mix hazardous waste with usedoil. This can contaminate your used oilwith hazardous waste, which then cannotmanaged as used oil.

# Make sure your used oil storage tanks ordrums have proper containment in caset h e r e i s a l e a k o r s p i l l .

# Inspect your used oil storage tanks ordrums on a regular basis for leaks andspills.

# Use large drum funnels or fill tubes whenfilling used oil drums.

# Place drip pans underneath leakingmachines to collect dripping oil.

# Send used oil for recycling.

REGULATORY REQUIREMENTSSpent solvents are the largest hazardous

waste stream created by the automotiveindustry. Spent solvents are dangerous toworkers because they are toxic and they emitharmful vapors. If your facility still uses aparts washing system that contains ahazardous solvent, you may be generatinglisted hazardous wastes which have EPAHazardous Waste Codes of F001-F005. Inaddition, many solvents may be hazardousbecause of ignitability, which has an EPAHazardous Waste Code of D001.

When using hazardous solvents in yourparts-washing system, you are required tokeep track of the amount generated eachmonth and dispose of them as hazardouswaste. The following are some of the commonspent halogenated and non-halogenatedsolvents used in degreasing operations that areconsidered hazardous:

Tetrachloroethylene (Perchloroethylene)Methyl isobutyl ketone (MIBK)Chlorinated fluorocarbonsTrichlorofluoromethaneCarbon tetrachlorideOrtho-dichlorobenzeneMethylene chloride1,1,1-trichloroethaneMethyl ethyl ketone (MEK)MethanolIsobutanolTolueneAcetoneXyleneBenzene

If your facility uses any of the aboveparts-washing solvents or degreasers or anyother hazardous solvent not listed above, youshould make every effort to replace your partswasher or degreaser with nonhazardoussubstitutes as soon as possible.


Air regulations that may affect yourfacility’s degreasing operations are coveredunder NYCRR Part 228 and Subpart T in theNESHAP rules.

TYPES OF PARTS WASHERSThere are many opportunities available to

minimize or eliminate your generation ofhazardous solvents. One of your first choicesshould be to use a nonhazardous or lesshazardous parts cleaning system. Here aresome tips you should follow beforepurchasing or leasing your parts washer:

# Buy a parts washer with a lid rather thanan open bucket or pan. This will reduceevaporation or spillage of the solvent.

# Instead of leasing, purchase your ownparts washer. Service agreements tend tochange your solvents more often, whichgenerates more waste. Also, if you are aconditionally exempt small quantitygenerator, you can transport your spentsolvent and sludge to an approvedfacility. See Section II for more details.

# Talk to other facilities to find out whichsystem works best. This will save youtime and money trying to decide whichsystem is best for your facility.

# When a supplier or vendor lets you demoa parts washer, make sure you specifythat he will take away the whole unit,including the spent solvent if you decidenot to buy the unit. Disposing of thespent solvent will cost you money.

# Buy a parts washer with a drain shelf thatfits inside the basin. This allows solventto drain from parts prior to removingthem from the washer.

# Buy a parts washer with a filtering unitthat will extend the life of the solvent byfiltering out contaminants. Remember,when discarding the filters, a hazardouswaste determination must be made priorto disposal.

# Parts washers that are heated seem towork better than unheated units.

The following are some types of parts

washers available:

Aqueous CleanersAqueous cleaning refers to the use of

water, detergents, acids, and alkalinecompounds rather than organic solvents.Aqueous cleaners are one of the most popularchoices for degreasing parts and are a goodalternative to the petroleum-based andhalogenated solvents. Some of the benefitsinclude:

# Less risk of hazardous exposure forworkers and more environmentallyfriendly.

# Not flammable or explosive.# Oils and greases can be removed more

effectively.# Potential savings in disposal costs, since

used aqueous parts-cleaning water maybe eligible for discharge into publicsewer system. Prior approval is needed.Check with your publicly ownedtreatment works (POTW) forrequirements.

Hot Soap WashersHot soap or jet spray washers are like

dishwashers that clean parts. They usedetergent and hot water to remove oil, grease,and dirt. Employees like hot soap washersbecause they can clean parts automaticallywhile they perform other duties in the facility.Other benefits of hot soap washers include:

# Eliminates employee exposure tohazardous solvents.

# Less employee time spent on partswashing.

# Not flammable or explosive.# Little or no hazardous waste generated.# Potential savings in disposal costs, since

used aqueous parts-cleaning water maybe eligible for discharge into publicsewer system. Prior approval is needed.Check with your publicly ownedtreatment works (POTW) forrequirements.


Industrial Rags

The sludge from oil, grease, dirt andother contaminants should be cleaned outfrequently. Prior to disposal, you must makea hazardous waste determination on thesludge. Nonhazardous sludge can be hauledby a septic tank company or dried sludge canbe taken to a landfill. If you are aconditionally exempt small quantity generatorCESQG), dried sludge that is consideredhazardous can be taken to a landfill as long asyou get prior approval from the landfilloperator. Check with your local landfill forrequirements.

Semi-Aqueous CleanersThese cleaners are called: less toxic

solvents, less hazardous solvents, non-halogenated solvents, petroleum-basedsolvents or terpene solvents.

Semi-aqueous cleaners are products thatcan be dissolved in water or applied in aconcentrated form. They are called semi-aqueous because they can be applied eitherway. Terpenes are hydrocarbons derived fromwood or citrus fruits, usually orange or lemonpeel oils. Even though most of the semi-aqueous cleaners are not ozone depleters, theyare highly toxic to aquatic life, some have ahigh cost and they may still be considered ahazardous waste when spent. A hazardouswaste determination should be made prior todisposal.

Solvent DistillationIf hazardous solvents must be used at

your facility, then you may want to considerpurchasing a solvent distillation unit torecycle your solvents. For example, if yourfacility generates five gallons of paint andsolvent waste, you may be able to reclaim fourand a half gallons of solvent. This wouldleave you with only one half gallon of sludgethat must be disposed of as hazardous waste.This sludge that is generated is called “stillbottoms.” Solvent is reclaimed by heatingspent solvent to its boiling point and thencooled, which produces nearly pure liquidsolvent that can be reused. Spent solvent needonly be counted the first time that it is

generated in a calendar month if it isreclaimed and reused on site. If spent solventsare counted, then still bottoms don’t need tobe counted for the purpose of determininggenerator category, but do need to bemanaged as a hazardous waste.

POLLUTION PREVENTION TIPSHere are some pollution prevention tips

on managing your degreasing operations:

# Wipe off parts with a rag or wire brushbefore soaking in parts washer.

# Do not clean parts unnecessarily.# If possible, try to maintain two parts

washers so that you can use one for pre-rinsing.

# If your parts washer doesn’t have a dripshelf inside the tub, use a drip tray todrain cleaned parts.

# Turn off solvent stream and cover theunit when not in use. Also, if your unit isequipped with a heating element, turn itoff at the end of the day.

REGULATORY REQUIREMENTSIndustrial rags (also known as facility

towels) or soiled clothing, which arecontaminated with listed or characteristichazardous wastes, do not have to be managedas hazardous wastes when sent to acommercial or non-commercial laundry or drycleaner to be cleaned and then returned to theowner. The following conditions must be met:

# There is no exemption for rags or soiledclothing contaminated beyond saturation(containing free liquids). Any rags orsoiled clothing containing free liquidswill be subject to full regulation.

# Rags and soiled clothing must bemanaged in accordance with 6 NYCRRPart 372 and Subpart 373-1 until thematerials are sent for laundering andcounted as wastes generated andaccumulated for the purpose of


Floor Drains and Wastewater

determining generator category.

All rags and soiled clothing that containflammable materials must be stored andtransported in fire proof containers.

POLLUTION PREVENTION TIPSHere are some tips on managing your

facility towels:

# Send your facility towels to a laundry ordry cleaning service. You have tomanage your facility towels inaccordance with the hazardous wasteregulations only until they leave yourfacility.

# If your facility is large enough, considerpurchasing a centrifuge to collect andrecycle excess solvent from your facilitytowels. Most laundries will not acceptsaturated facility towels. Centrifuges maybe costly, which would not make this acost-effective purchase for smallmaintenance facilities.

# Store your facility towels in metal safetycans to reduce the risk of fires. If yourfacility towels contain solvents, theyshould be stored in a double-bottomdrum to allow the solvent to drip where itcan be collected.

# To reduce the risk of spontaneouscombustion when storing facility towelsin metal cans, keep the towels moist withwater.

REGULATORY REQUIREMENTSAs discussed in Section III, the

Environmental Conservation Law prohibitsthe discharge of pollutants into surface orgroundwaters without a State PollutantDischarge Elimination System (SPDES)Permit. The Safe Drinking Water Act, underthe Underground Injection Control Programadministered by the EPA was designed toprevent contamination of groundwaterresulting from operation of injection wells. In

addition, the disposal of hazardous wasteillegally is a violation of the federal ResourceConservation and Recovery Act (RCRA).

If you have floor drains in your facility,you must meet the following requirements:

# Make sure floor drains are connected toa public sewer system. In most casesfloor drains may be connected to apublicly owned treatment works(POTW), however, the owner shouldrefer to the Local Codes EnforcementOfficer and the Sewer Use Ordinancebefore making any new connections.Some municipalities restrict floor drainsfrom being connected to the sewersystem depending on the type ofoperation. Also, you may be required byyour POTW to connect an oil/waterseparator between the floor drains andthe sewer system. Oil/water separatorsshould be checked on a monthly basis tomake sure they are working properly.This includes cleaning out the sludgeannually, testing it for toxicity and thendisposing of it properly. If you are aconditionally exempt small quantitygenerator (CESQG), you can transportthis sludge to an approved facility. Thisincludes transporting dried sludge to yourlocal landfill. Prior approval is needed.

# Make sure these drains are connected tosome kind of holding tank where thewastewater can be pumped out andtreated or disposed of properly. Allwastewater should be hauled away by aDEC 6 NYCRR Part 364 permitted wastetransporter to avoid any liability.

POLLUTION PREVENTION TIPSWastewater is generated in the food

processing industry from washing floors andvehicles. By minimizing the amount ofwastewater that is generated, you can reducethe amount of wastewater and sludge thatmust be managed or discharged. Here aresome tips that could help you minimize yourgeneration of wastewater:


# Use dry floor cleaning methods. Thisincludes sweeping and vacuuming.

# Train employees to use water efficiently.# Use only non-toxic soaps instead of

hazardous materials to clean floors,instead of hazardous materials.

# Prevent drips and spills from reaching thefloor.

# If a small spill does occur, clean itimmediately with facility towels or mops.This was discussed in the facility towelsection. Never clean spills by hosingthem down with water.

# Perform vehicle maintenance work inareas where there are no floor drains. Iffloor drains are present, seal them offduring work to prevent spills fromentering the drains.

# Never have floor drains where hazardousmaterials are stored.

# If you collect your wastewater in aholding tank, try to reuse it wheneverpossible.

# You may want to consider buying awater recycling unit in order to treat yourwastewater on site.

# If your wastewater is nonhazardous, youmay want to purchase evaporatingequipment to evaporate your wastewater.It should be noted that evaporators mayrequire an air permit or registration, andevaporator bottoms may be a hazardouswaste.


Section IV - RESOURCE GUIDE

The following organizations provide technical assistance, publish information, conductworkshops and conferences, and provide telephone and on-site information on pollution preventionand better management of air, water, solid and hazardous waste issues.

Trade Organizations

New York Apple Association7645 Main StreetP.O. Box 350Fishers, New York 14450-0350Phone: (716) 924-2171Fax: (716) 924-1629Internet: http://www.applecountry.com

American Frozen Food Institute2000 Corporate Ridge, Suite 1000McLean, Virginia 22102Phone: (703) 821-0770Fax: (703) 821-1350Internet: http://www.affi.com

New York State Farm BureauRT 9W, P.O. Box 992Glenmont, New York 12077-0992Phone:(518) 436-8495Internet: http://www.nyfb.org

National Food Processors Association1350 I Street, NW Suite 300Washington, DC 20005Phone: (202) 639-5900Fax: (202) 639-5932Internet: http://www.nfpa-food.org

New York State Restaurant Association455 New Karner RoadAlbany, New York 12205Phone: (518) 452-4222 or (800) 452-5212Internet: http://www.nysra.org

American Meat Institute1700 North Moore Street, Suite 1600Arlington, Virginia 22209Phone: (703) 841-2400Fax: (703) 527-0938Internet: http://www.meatami.org

American Dairy Products Institute300 West Washington Street, Suite 400Chicago, Illinois 60606-1704Phone: (312) 782-4888Fax: (312) 782-5299Internet:http://www.americandairyproducts.com

United Fresh Fruit and VegetableAssociation727 North Washington StreetAlexandria, VA 22314Phone: (703) 836-3410Fax: (703) 836-7745Internet: http://www.uffva.org

National Renderers Association 801 N. Fairfax Street, Suite 207

Alexandria, Virginia 22314 Phone: (703) 683-0155 Fax: (703) 683-2626

Internet: http://www.renderers.org


NEW YORK STATE:University at BuffaloCenter for Integrated Waste ManagementJarvis Hall, Room 207Buffalo, NY 14260-4400Phone: (716) 645-3446, Ext. 2340Fax: (716) 645-3667

METROPOLITAN AREA:NYC Dept. of Environmental ProtectionEnvironmental Economic DevelopmentAssistance Unit59-17 Junction Boulevard, 11th FloorCorona, NY 11368-5107Phone: (718) 595-4462Fax: (718) 595-4479

MONROE COUNTY: Monroe County Department ofEnvironmental Services444 East Henrietta Road, Bldg, #15Rochester, NY 14620Phone: (716) 760-7523Fax: (716) 324-1213

ONONDAGA COUNTY:Onondaga County Resources RecoveryAgency100 Elwood Davis RoadNorth Syracuse, NY 13212Phone: (315) 453-2866Fax: (315) 453-2872Hotline: (315) 453-2870

BROOME COUNTY:Broome CountyDivision of Solid Waste ManagementEdwin L. Crawford County Office BuildingP.O. Box 176644 Hawley StreetBinghamton, NY 13902Phone: (607) 778-2250Fax: (607) 778-2395

ERIE COUNTY: Erie County Department of Environment and PlanningOffice of Pollution Prevention95 Franklin Street, Room 1077Buffalo, NY 14202-3973Phone: (716) 858-7583Fax: (716) 858-7713

CHAUTAUQUA, CATTARAUGUS andALLEGANY COUNTIES:The Southwestern New York Environmental Compliance NetworkJamestown Community College525 Falconer Street, P.O. Box 20Jamestown, NY 14702-0020Phone: (716) 665-5220, Ext. 446Fax: (716) 665-2585

The Center for Business and IndustrySUNY at FredoniaLograsso HallFredonia, NY 14063Phone: (716) 673-3177Fax: (716) 673-3175

Local Assistance


NYSDEC Regional Offices

REGION 1Nassau and Suffolk Counties

SUNY CampusLoop Road, Building 40

Stony Brook, NY 11790-2356Phone: (516) 444-0354

REGION 5Clinton, Essex, Franklin, Fulton, Hamilton,Saratoga, Warren and Washington Counties

Route 86, PO Box 296Ray Brook, NY 12977-0296

Phone: (518) 897-1200

REGION 2Bronx, Kings, New York, Queens and

Richmond Counties 1 Hunters Point Plaza

47-40 21st StreetLong Island City, NY 11101-5407

Phone: (718) 482-4900

REGION 6Herkimer, Jefferson, Lewis,

Oneida and St. Lawrence CountiesState Office Building

317 Washington StreetWatertown, NY 13601Phone: (315) 785-2238

REGION 3Dutchess, Orange, Putnam, Rockland,

Sullivan, Ulster and Westchester Counties21 South Putt Corners RoadNew Paltz, NY 12561-1696

Phone: (914) 256-3000

REGION 7Broome, Cayuga, Chenango, Cortland,

Madison, Onondaga, Oswego,Tioga and Tompkins Counties

615 Erie Blvd. W.Syracuse, NY 13204-2400

Phone: (315) 426-7400

REGION 4Albany, Columbia, Delaware, Greene,

Montgomery, Otsego, Rensselaer,Schenectady and Schoharie Counties

1150 Westcott RoadSchenectady, NY 12306-2014

Phone: (518) 357-2234

REGION 8Chemung, Genesee, Livingston, Monroe,

Ontario, Orleans, Schuyler, Seneca,Steuben, Wayne and Yates Counties

6274 East Avon-Lima RoadAvon, NY 14414

Phone: (716) 226-2466

REGION 9Allegany, Cattaraugus, Chautauqua,

Erie, Niagara, and Wyoming Counties270 Michigan Ave.

Buffalo, NY 14203-2999Phone: (716) 851-7000


Pollution Prevention UnitPhone: (518) 457-2553Small Quantity Generator P2 Hotline(800) 462-6553; outside NYS: (518) 485-8471This technical assistance unit provides P2information, develops industry sectormanuals and other publications, offersworkshops/training, holds annual pollutionprevention conferences, coordinates NYSGovernor’s P2 Awards, and prepares annualtoxic release inventory (TRI) reports.http://www.dec.state.ny.us/website/ppu

Division of Solid and Hazardous MaterialsBureau of Hazardous Waste Management(518) 485-8988Responsible for making hazardous wastedeterminations, reviewing hazardous wastereduction plans, hazardous waste permitting,and hazardous waste compliance.http://www.dec.state.ny.us/website/dshm

Bureau of Waste Reduction and Recycling(518) 457-7337Responsible for the beneficial use program,the composting program, the waste tireprogram, and other solid waste recycling andwaste reduction issues.http://www.dec.state.ny.us/website/ dshm/redrecy

Bureau of Pesticide Management(518) 457-0917The NYSDEC is the lead agency in New YorkState for regulating the sale and use ofpesticides. Public outreach activities andregulatory compliance assistance activitiesare conducted.http://www.dec.state.ny.us/website/pesticid/ pesticid.htm

Division of WaterBureau of Water Permits(518) 457-0656Responsible for managing the State PollutantDischarge Elimination System (SPDES)permits, the SPDES program for storm waterdischarges, water resources programs andmunicipal water supply permits.http://www.dec.state.ny.us/website/dow

Division of Environmental RemediationBureau of Spill Prevention and Response(518) 457-9412Responsible for registering tanks, presentingworkshops and training, developingpublications, receiving spill notifications, andserving as an information clearing house forindustries and the public.http://www.dec.state.ny.us/website/der

Spill Response Hotline(800) 457-7362 (within NYS)(518) 457-7362 (outside NYS)To report releases of petroleum products orhazardous substances to air, land or water inNew York State. Regulations requirereporting within two hours if certainconditions are not met. Also, the NationalResponse Center should be notified (seelisting on page 20).

Petroleum Bulk Storage Hotline(888) 457-4351Provides technical assistance on chemicaland petroleum aboveground andunderground storage tanks.

New York State Department of Environmental Conservation


Small Business Ombudsman Hotline401 M Street SWWashington, DC 20460Phone: (800) 368-5888Fax: (703) 305-6462Helps private citizens, small businesses, andsmaller communities with questions on allprogram aspects with the EPA.

RCRA/Superfund/EPCRA Hotline401 M Street SWWashington, D.C. 20460(800) 424-9346(202) 557-1938Answers questions on matters related tosolid waste, hazardous waste, orunderground storage tanks. Also, can beused to order EPA publications.

EPA Region II OfficeCompliance Assistance and Support Branch290 Broadway, 21st FloorNew York, NY 10007-1866(212) 637-3268Provides compliance and pollutionprevention assistance to EPA Region 2 areabusinesses.

EPA Region II OfficeDivision of Enforcement and ComplianceAssistance - RCRA Compliance Branch290 Broadway, 22nd FloorNew York, NY 10007-1866Phone: (212) 637-4145Fax: (212) 637-4949In addition to conducting RCRA inspectionsof small businesses, this office providestechnical assistance on RCRA relatedissues.

EPA HeadquartersOffice of Compliance (2224A)401 M Street SWWashington, DC 20460Phone: (202) 260-1821Fax: (202) 564-0009Regulatory, technical, compliance andpollution prevention assistance.

Department of Transportation HotlineOffice of Hazardous Materials StandardsResearch & Special ProgramsAdministration400 7th Street SWWashington, DC 20590-0001Phone: (202) 366-4488Fax: 366-3753Technical assistance on matters related toDOT’s hazardous materials transportationregulations.

Pollution Protection InformationClearinghouse (PPIC)PPIC-EPA401 Main Street SW (3403)Washington, DC 20460Phone: (202) 260-1023Fax: (202) 260-0178email: [email protected] a library and an electronic bulletinboard dedicated to information on pollutionprevention.

National Response Center(800) 424-8802In Washington, D.C. (202) 426-2675To report oil and chemical spills to thefederal government. This hotline is mannedby the U.S. Coast Guard.

Federal Assistance


Resources on the Internet

Organization Internet Address

USFDA Center for Food Safety and Applied Nutrition

http://vm.cfsan.fda.gov

National Restaurant Association http://www.restaurant.org

Empire State Restaurant and Tavern Association http://www.esrta.org

Integrated Pest Management in New York State http://www.nysaes.cornell.edu/ipmnet/ny

Food Processors Institute http://www.fpi-food.org

U.S. Environmental Protection AgencyOffice of Solid Waste

http://www.epa.gov/epaoswer/non-hw/reduce/wastenot.htm

United States Department of Agriculture http://www.usda.gov

Cornell Cooperative Extension http://www.cce.cornell.edu

American Dairy Products Institute http://americandairyproducts.com

National Pollution Prevention Roundtable http://www.es.epa.gov/nppr

Tellus Institute http://www.tellus.org

Waste Reduction Resource Center http://www.owr.ehnr.state.nc.us

NEW YORK STATE Empire State Development Services to Business NYS Department of Environmental Conservation NYS Environmental Facilities Corporation

http://www.empire.state.ny.ushttp://www.dec.state.ny.us http://www.nysefc.org

U.S. ENVIRONMENTALPROTECTION AGENCY Common Sense Initiative Design for the Environment Enviro$en$e Office of Mobile Sources Office of Underground Storage Tanks Small Business Assistance Program Technology Transfer Network

http://www.epa.gov/commonsensehttp://earth2.epa.gov/dforehttp://epa.gov/envirosense/nppr/index.htmlhttp://www.epa.gov/omswwwhttp://www.epa.gov/swerust1http://www.epa.gov/tnn/sbaphttp://www.epa.gov/tnn

U.S. DEPARTMENT of ENERGY Pollution Prevention Information Clearinghouse http://epic.er.doe.gov/epic

PACIFIC NORTHWEST LABORATORIES Green Guide Pollution Prevention Resource Center

http://bbs.pnl.gov:2080/esp/greenguidehttp://pprc.pnl.gov/pprc


References

Carawan, Roy E., North Carolina State University (March 1996). Pollution Prevention Pays inFood Processing, Reducing Water Use and Wastewater in Food Processing Plants How OneCompany Cuts Costs. Publication Number: CD-35. From: North Carolina CooperativeExtension Service, Water Quality and Waste Management.

Delaware Department of Natural Resources and Environmental Control. A Pollution PreventionGuide for Food Processors, Three Rs for the 90s: Reduce, Reuse, Recycle.

Derr, Donn A.; Dhillon, Pritam S. (April 1997). “Keeping the Options Open: The Economics ofRecycling Food Residuals.” BIOCYCLE, pages 55-56.

Massachusetts Water Resources Authority. Water Conservation Bulletin 5, Restaurants.From: Massachusetts Water Resources Authority, Charlestown Navy Yard, 100 First Avenue,Boston, MA 02129.

Massachusetts Water Resources Authority. Water Conservation Bulletin 3 Beverage/FoodProcessing Industry. From: Massachusetts Water Resources Authority, Charlestown Navy Yard,100 First Avenue, Boston, MA 02129.

Minnesota Technical Assistance Program, University of Minnesota, Fact Sheets:C Commercial Food Production; Source Reduction and Management Alternatives.C Commercial Food Wastes; Composting and Landspreading.

New York State Department of Environmental Conservation (1997) Waste Reduction at NewYork State Supermarkets. From: NYS Department of Environmental Conservation, Division ofSolid and Hazardous Materials, Bureau of Waste Reduction and Recycling, 50 Wolf Road,Albany, NY 12233-7253.

North Carolina Department of Environment and Natural Resources (October 1999).A Fact Sheet for Managing Food Materials. North Carolina Department of Environment andNatural Resources, Division of Pollution Prevention and Environmental Assistance, 1639 MailService Center, Raleigh, NC 27699-1639.

Richardson, Stephanie, North Carolina Pollution Prevention Program. Pollution Prevention Paysfor the Food Processing Industry.

Richardson, Stephanie, North Carolina Pollution Prevention Program. Waste Reduction in FoodProcessing - A People Management Issue.

Shober, Robert T., Campbell Soup Company, Camden, NJ (1998 Food Processing WasteConference). Water Conservation - Waste Load Reduction in Food Processing Facilities.

U.S. Environmental Protection Agency, Waste Wise Program, Industry Sector Fact Sheet (April1999): C Food Manufacturing/Processing Industry.

U.S. Environmental Protection Agency (September 1996). Managing Food Scraps as AnimalFeed, #EPA530-F-96-037.


Appendix

Toxicity Characteristic Leaching Procedure (TCLP)The following are substances covered by the TCLP. The concentrations are not total amounts of thechemical in the waste, but concentrations in the TCLP leachate after the specific test is carried out.

Waste Code

Substance CAS Number

TCLP Concentration Limit (mg/l)

D004 Arsenic 7440-38-2 5.0

D005 Barium 7440-39-3 100.0

D006 Cadmium 7440-43-9 1.0

D007 Chromium 7440-47-3 5.0

D008 Lead 7439-92-1 5.0

D009 Mercury 7439-97-6 0.2

D010 Selenium 7782-49-2 1.0

D011 Silver 7440-22-4 5.0

D012 Endrin 72-20-8 0.02

D013 Lindane 58-89-9 0.4

D014 Methoxychlor 72-43-5 10.0

D015 Toxaphene 8001-35-2 0.5

D016 2,4-Dichlorophenoxyacetic acid 94-75-7 10.0

D017 2,4,5-Trichlorophenoxypro pionic acid 93-72-1 1.0

D018 Benzene 71-43-2 0.50

D019 Carbon Tetrachloride 56-23-5 0.50

D020 Chlordane 57-74-9 0.03

D021 Chlorobenzene 108-90-7 100.0

D022 Chloroform 67-66-3 6.0

D023 o-Cresol 95-48-7 200.0*

D024 m-Cresol 108-39-4 200.0*

D025 p-Cresol 106-44-5 200.0*

D026 Cresol ------------ 200.0*

D027 1,4-Dichlorobenzene 106-46-7 7.5

D028 1,2-Dichloroethane 107-06-2 0.50


D029 1,1-Dichloroethylene 75-35-4 0.70

D030 2,4-Dinitrotoluene 121-14-2 0.13**

D031 Heptachlor (and its epoxide) 76-44-8 0.008

D032 Hexachlorobenzene 118-74-1 0.13**

D033 Hexachloro-1,3-Butadiene 87-68-3 0.5

D034 Hexachloroethane 67-72-1 3.0

D035 Methyl ethyl ketone 78-93-3 200.0

D036 Nitrobenzene 98-5-3 2.0

D037 Pentachlorophenol 87-86-5 100.0

D038 Pyridine 110-86-1 5.0**

D039 Tetrachloroethylene 127-18-4 0.7

D040 Trichloroethylene 79-01-06 0.5

D041 2,4,5-Trichlorophenol 95-95-4 400.0

D042 2,4,6-Trichlorophenol 88-06-2 2.0

D043 Vinyl Chloride 75-01-4 0.20

* If o-, m- and p-Cresol concentrations cannot be differentiated, the total cresol (D026)concentration is used. The regulatory level of total cresol is 200.0 mg/l.

** Quantitation limit is greater than the calculated regulatory level. The quantitation limit,therefore, becomes the regulatory level.

.

Please refer to 6 NYCRR Part 371of the NYSDEC regulations for an official listing of theToxicity Characteristic Leaching Procedure concentrations.

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