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2/16/2015
1
INDIANAENVIRONMENTALPERMITTING‐AnOverviewforSafetyProfessionals
Presented by:
Gregory A. Hemker, CHMM
EHS Technology Group, LLC
For
2015 Indiana Health & Safety Conference
RegulatoryAuthorities• United States Environmental Protection Agency (USEPA)
• Regulations‐ Code of the Federal Regulations (CFR) Title 40‐Chapter 1
• Subchapter C‐ Air Programs (Parts 50‐99)
• Subchapter D‐Water Programs (Parts 100‐135)
• Subchapter I‐ Solid Wastes (Parts 239‐282)
• Indiana Department of Environmental Management (IDEM)
• Regulations Indiana Administrative Codes (IAC)
• Title 318‐ IDEM General Requirements
• Title 326‐ Air Pollution Control
• Title 327‐ Water Pollution Control
• Title 329‐ Solid Waste Management
• Local Authorities (cities and counties)‐ Ordinances
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RegulatoryAuthorities
Key Web Sites:
USEPA‐ www.epa.gov
IDEM‐ www.in.gov/idem
IDEM‐ ComplianceAssistance
• Compliance and Technical Assistance Program (CTAP)
• www.in.gov/idem/ctap
• (317) 232‐8172
• Toll free (800) 988‐7901
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AIR POLLUTION PERMITTINGIN
INDIANA
Do you have air pollution emission units? How many?
What are your pollutants? Particulates
Volatile organic compounds (VOCs)
Hazardous Air pollutants (HAPs)
How much is released to the environment?
Who Needs a permit?
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What are Emission Units?
Pollutants are often the raw materials and chemicals used to make your product or perform your job
Sources of information for potential pollutants: Safety Data Sheets (SDS) or Materials Safety Data Sheet
(MSDS)
Raw Material Specifications
Lab data for materials
USEPA AP‐42 emission factors manual (on web site)‐http://www.epa.gov/ttn/chief
How do I Identify Air Pollutants?
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Based on maximum production rate per hour
Based on maximum hours of operation
Permit applicability based on the Potential to Emit (PTE)‐ (maximum 1 hr. emission rate in pounds/hr. times 8,760 hours per year divided by 2000 pounds per ton).
Determining Emissions
Exemptions‐ 326 IAC 2‐1.1‐3
Registration‐ 326 IAC 2‐5.5
Minor Source Operating Permit (MSOP)‐ 326 IAC 2‐6.1
Federally Enforceable State Operating Permit (FESOP)‐ 326 IAC 2‐8
Indiana Minor Source Air Permits
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Air Permit Thresholds
Source Specific Operating Agreement (SSOA)‐
326 IAC 2‐9
Voluntary, simplified permitting, emissions recordkeeping
Permit By Rule (PBR)‐
326 IAC 2‐10 needs a construction permit
326 IAC 2‐11 does not need a construction permit
Based on actual emissions, no control equipment
Indiana Specialty Operating Air Permits
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Not to be confused with Modifications or Revisions
Administrative only‐ e.g.
Change ownership
Update name, number or address
Change contact person
Correct typos
Require more frequent monitoring
Can not relax the terms and conditions
Indiana Air PermitsAmendments
Indiana Air permitsRevisions/ Modifications
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Revisions & Modifications‐must be done typically when:
Construct or modify an existing emission unit or source
Requesting alternative emission limits, monitoring and testing changes
Adding conditions from an Agreed Order (enforcement settlement)
Air Permit All Air Sources
Prevention of Significant Deterioration‐ (PSD)
326 IAC 2‐2
Source/facility located in area that attains the air quality
Emissions Offset Permit
Sources located in an area not attaining the air quality standards
326 IAC 2‐3
Indiana Air PermitsMajor Sources
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100 tons per year (TPY) of any regulated pollutant for 26 listed stationary sources (See attached list)
250 TPY of any regulated pollutant
Significant emissions increase from an existing major source
Based on potential to emit
PSD Permitting
100 Tons Per Year (TPY) of any regulated pollutant
Ozone Non Attainment Areas Serious ‐ 50 TPY of VOCs or NOx
Severe ‐ 25 TPY of VOCs or NOx
Extreme‐ 10 TPY of VOCs or Nox
Significant Emission Increase from an Existing Major Source
Based on potential to emit
Emission Offset Permitting
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Compliance requirements found in “Section D” of the permit
Identify all limitations, recordkeeping, monitoring and reporting
Develop a compliance plan (who, what, when and how)
Resource staff to assure they know their roles & responsibilities
Permit Compliance
Assure all monitoring equipment is calibrated and maintained
Submit all reports (quarterly, semi‐annual and annual reports) on time
If there are federal requirements (e.g. NESHAPs), follow the notifications, monitoring and reporting requirements)
Perform stacks as required and pre‐notify IDEM of testing plan at least 30 days in advance.
Permit Compliance
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Application Forms‐www.idem.IN.gov/airquality/2495.htm
Processing Timeline & Fee table‐www.idem.IN.gov/5886.htm
On‐line Permit Guide‐www.idem.IN.gov/5881.htm
Permit Applications
IDEM General Info‐www.idem.gov
Indiana Administrative Codes‐www.IN.gov/legislative/iac
Compliance and technical Assistance Program‐ CTAP
Local: (317) 232‐8172
Toll free: (800) 988‐7901
webpage: www.idem.IN.gov/ctap/index.htm
Air Permitting Resources
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EHSTECHNOLOGY GROUP 1
IDEM Water PermittingUnderstanding Clean Water Management Programs
2
Point Source:
any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged.
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3
Pollutant:
includes, but is not necessarily limited to: dredged spoil, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, solid wastes, toxic wastes, hazardous substances, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and other industrial, municipal, and agricultural waste discharged into water.
4
Waters of the State:
such accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon this state. The term does not include any private pond, any off-stream pond, reservoir, or facility built for reduction or control of pollution or cooling of water prior to discharge unless the discharge therefrom causes, or threatens to cause water pollution.
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5
How does your wastewater discharge?
Into the sanitary sewer – Indirect Discharge
POTW
6
How does your wastewater discharge?
Into the stream – Direct Discharge
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EHSTECHNOLOGY GROUP 7
Indirect Discharge
What do I have to do to comply?
8
In Indiana
47 municipalities have EPA-delegated pretreatment programs
IDEM issues IWPP in towns and cities that do not have pretreatment programs Categorical dischargers
Significant Industrial User
IDEM usually processes applications in less than 60 days
Industrial Wastewater Pretreatment Permit
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9
Information Required for an IWP Permit Application
Process-related contaminants
Highest monthly average flow
Treatment technologies applied
Operational and compliance history
Production data from past 2 years
Effluent toxicity for major discharges
Industrial Wastewater Pretreatment Permit
EHSTECHNOLOGY GROUP 10
NPDES Direct Discharge Permit
Two types of permits- individual or general permits
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11
In Indiana
For point source discharges into the waters of the state
Permit form-2C for existing industrial sources
Permit form- 2D for new industrial sources
Permit application must include all pollutants, flow rate, discharge quantities for each pollutant
Individual Direct Discharge Permit-NDPES
12
In Indiana
Issued permit will include: defined limits for pollutant- technology or
water quality based limits
Monitoring
Best Management Plans (BMP)
Could also include operational limits
Could include operator certification
Individual Direct Discharge Permit-NDPES
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EHSTECHNOLOGY GROUP 13
Permits by Rules
General Permits- 9 permit types
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Storm Water Permits-by-Rule
Rule 5 – Storm water Permits Associated with Construction Activity
Rule 6 – Storm water Permits Associated with Industrial Activity
NPDES General Permits
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15
Rule 5 – Storm Water Permits Associated with Construction
Activity
Prepare Construction Plan for site
Submit Construction
Plan for review
Receive determination within 28 days
Prepare Notice of
IntentBegin construction
activities
Implement Construction Plan/SWP3
Prepare and Submit Notice of Termination
16
Rule 6 – Storm Water Permits Associated with Industrial ActivityComplete and file NOI letter – coverage
and clock starts with filing - $50 Proof of publication required with NOI Annual fee - $100Within 365 days
Complete, sign and submit Certification Checklist to IDEM
Establish and implement a Storm Water Pollution Prevention Plan (SWP3); notify in writing when fully implemented
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17
Rule 6 – Storm Water Permits Associated with Industrial ActivityGrab sample from each outfall each year
during a qualified rainfall event Min. 3 months between sampling events
Min. 72 hours between qualified storm events• Total measureable precipitation ≥0.1 inches
18
Rule 6 – Storm Water Permits Associated with Industrial ActivityGrab sampling
Required parameters
First sample before implementation of SWP3
Additional sampling must be reported
Sample at point representative of discharge but prior to entry into any receiving body of water; if retention pond, sample at discharge
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No Exposure Certification
All industrial materials protected from storm water exposure by storm resistant shelter
Storm resistant shelter not required for certain situations
Required for each facility
Available on a facility-wide basis only, not individual outfalls
20
Storm Water Pollution Prevention Plan (SWP3)
SWP3 Team Site Description Summary of Potential Pollution SourcesDescription of Control Measures Schedules and ProceduresDocumentation to support eligibility
considerations under the federal lawsCertification of SWP3
Developing Your Stormwater
Pollution Prevention PlanEPA 833-B-09-
002February 2009
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21
Steps to Prepare SWP3
Site Assessment and Planning
Select appropriate Control Measures
Procedures for Inspections and Monitoring
Keep Records of Implementation Practices
Rule 6 Storm Water Pollution Prevention Plan (SWP3) Certification Checklist
Completed within 365 days after submission of initial, renewal or amended NOI letterReturn to Storm Water Coordinator
22
SPCC Plan Triggers
Location – reasonably reach waters of the state
Quantity - >55 gallons; >1,320 gallons
Material – oil or “oil-like”
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23
SPCC Plan
Major Elements Certification by Professional Engineer
• Initial
• Technical amendments
If ≤10,000 gal stored no PE certification
required BUT
24
SPCC Plan
Major Elements Review and certification by Professional Engineer
Review at least every 5 years
Provision for amendments• Discharge to navigable waters > 1,000 gallons
• Two reportable spill events in 12 month period; >42 gallons each event
• Changes in facility design, construction, operation, or maintenance that materially affects potential for discharge
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SPCC PlanMajor Elements
Review and certification by Professional Engineer
Review at least every 5 years
Provision for amendments
Security and lighting
Physical layout
Site inspections
Containment and/or diversionary structures
Direction/rate of flow; total quantities
Unloading and loading procedures
Spill equipment and materials available
Training
26
Regulatory ResourcesUSEPA websites
Storm water page-http://cfpub.epa.gov/npdes/stormwater/indust.cfm
SPCC page-http://www.epa.gov/osweroe1/content/spcc/spcc_guidance.htm
IDEM websites Storm Water Permitting-
http://www.in.gov/idem/4896.htm
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SOLID&HAZARDOUSWASTEMANAGEMENT
WasteDeterminations
• Solid Wastes‐ Determine if the material is a solid waste; Is it excluded from the definition of solid waste?
• Hazardous Waste‐ Determine if the material is a hazardous waste; Is it excluded
• Mixtures‐ Is the material a mixture of non‐hazardous and hazardous waste?
• Definition of Hazardous Waste‐
• 40 CFR Part 261
• 329 IAC 3.1‐6‐ federal rules by reference
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CharacteristicHazardousWaste• Ignitibility‐ has a flashpoint < 1400F as a liquid or spontaneously combusts at normal temperatures and pressures as a solid; code‐D001
• Corrosivity‐ will corrode containers; acids or bases; measured or documented pH <2.0 and >12.5; code‐D002
• Reactivity‐ reactive or unstable in air @ normal conditions; will cause explosions or toxic gases when mixed with water; code‐D003
• Toxicity‐ when adsorbed in the skin or ingested will be harmful or fatal; comprised of metals, volatiles and pesticides; code‐ D004 through D043
ListedHazardousWastes• “F” listed wastes‐
• Non‐specific source wastes; solvents and cleaning chemicals used in a wide variety of industries
• F001 thru F039
• 40 CFR 261.31
• “K” listed wastes‐
• Source Specific Wastes; such as petroleum, pesticide, power plants, plating, solvent recovery
• K001 thru K148
• 40 CFR 261.32
• “P” and “U” listed wastes‐
• Off‐spec commercial chemical products; pharma, pesticides, etc.
• 40 CFR 261.33; the “P” wastes are acute
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WasteDeterminations• Contained‐in Rule
• Spills of hazardous waste that contaminate soils, equipment and structures
• If contaminated with listed hazardous waste, it must be managed as a hazardous waste
• If contaminated with characteristic hazardous waste and if it exhibits the characteristics of hazardous waste, it is a hazardous waste.
HWGeneratorCategories
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HazardousWasteCertifications/Notifications• Applicable regulations are 40 CFR 262
• First time filer‐ use Form 8700‐12
• Send completed form to IDEM (delegated by USEPA); Office of Land Quality, Regulatory Reporting Section, 100 N. Senate Ave., Rm. 1101, Indianapolis, IN 46204‐2251
• Update form: Hazardous Waste Handler Identification form; send to same place listed above
• Certification ID number attached to property not the owner of the facility
• Questions? Call IDEM at (317) 233‐0066
HW‐ ContingencyPlan• Required for Large Quantity Generator (LQG) and strongly recommended for Small Quantity Generators (SQG)
• 40 CFR 265 Subparts C and D
• Contents include:
• List of Emergency Coordinators with contact info
• Site Description with drawings
• List and figures showing generation points and accumulation areas
• List and drawing of emergency equipment; e.g. phones, fire extinguishers, etc.
• Description of evacuations, maps of evacuation routes, response to spills, fires and explosions
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HW‐ ContingencyPlan• Contents (continued):
• Formal arrangements with local authorities and response contractors
• Required reports of the incident
• Amendments to plan due to changes or failure of the plan
• IDEM Guidance‐ www.in.gov/idem/files/la‐036‐gg.pdf
EmployeeTraining• 40 CFR 262 leads you to 40 CFR 264
• Large Quantity Generators‐ perform annual training for all employees engaged in waste generation, waste accumulations, waste storage, preparation of manifests, prep of containers for transportation
• Small Quantity Generators‐ no formal training, but all employees engaged in hazardous waste management must be knowledgeable of all the requirements
• See USEPA guidance http://www.epa.gov/osw/inforesources/data/burdenreduction/training.pdf
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CommonComplianceIssues• Container Labeling:
• Not labeled with words “Hazardous Waste”
• Not dated at start of filling
• Label illegible
• Failed to use the appropriate label for shipping
• Best Practices: Use indelible ink and be consistent throughout the facility
CommonComplianceIssues• Satellite Container Management:
• Not labeled with words “Hazardous Waste”
• Not closed
• More than 55 gallons at location
• Not at point of generation
• Not in control of operator
• Best Practice: date when full, check label regularly
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CommonComplianceIssues• Manifesting:
• Incorrect information (e.g. manifest #, waste description/code, quantities shipped, etc.)
• Incomplete (e.g. land disposal restriction certification)
• Failure to keep records
• Failure to make “exception reports”
• Signers not trained in DOT requirements
• Best Practices: Don’t sign until thorough review
CommonComplianceIssues• Poor Housekeeping :
• Spills in storage area and accumulation areas
• Weekly inspection not performed or incomplete
• Mismanaged empty containers
• Unmarked containers of substances
• Less than 50 feet distance to property line for ignitable wastes
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CommonComplianceIssues• Universal Waste Management:
• Improperly disposed
• Improper packaging and labeling‐ needs words e.g.“Universal Waste‐ Lamps”
• Use of unauthorized handlers
• No response to releases
• Not recycled in one year
• Best Practices: Use appropriate containers, keep closed and dated
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CommonComplianceIssues
• Used Oil Management:
• Not properly classified
• Containers not marked with words “Used Oil”
• Use of unauthorized handlers
• No response to releases
• Best Practice: Label “used oil” not “waste oil”
CommonViolations
• Aerosol Can Management:
• Not properly classified
• Improperly disposed
• Improper accumulation practices
• Best Practice: Confirm it fits “empty container” definition before recycling can
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CommonViolations
• Used Rags & Wipes Management:
• Not properly classified‐ current IDEM options laundry or waste
• Improperly disposed‐ current IDEM solvent rags=hazardous waste
• Improper accumulation practices‐ closed containers; no free liquids
• Best Practices: Visit USEPA website for “mixture rule”, contained‐in
and derived from guidance
• Best Practice: Recycle, Recycle, Recycle!
PublicResources
• USEPA‐ Solid waste web link • USEPA‐Mixture, Contained‐in Policy
• USEPA Web site:
• www.epa.gov• Look at “Hazardous Waste”, “Waste Programs” & “Pollution Prevention”
• Rags/wipes rule‐http://www.epa.gov/wastes/hazard/wastetypes/wasteid/solvents/wipes.htm