environmental and health and safety management a guide to compliance

ENVIRONMENTAL
AND HEALTH
&
SAFETY MANAGEMENT
A
Guide
to
Compliance
Nicholas
P.
Cheremisinoff,
Ph.D.
Madelyn
L.
Graffa
National Association
of
Safety
&
Health Professionals
NOYES
PUBLICATIONS
Park
Ridge,
New
Jersey,
U.S.A.
Copyright
0
1995
by Nicholas

P.
Chermisinoff and Madelyn
L
Graffia
No part of
this
book
may be reproduced
or
utilized in
any form
or
by any means, electronic
or
mechanical,
including photocopying, recording
or
by any informa-
tion storage and retrieval system, without permission
in
writing from
the
Publisher.
Library of
Congress
Catalog Card Number:
95-24875
Printed
in
the

United States
ISBN
0-8155-1390-9
Published
in
the
United States of America by
Noyes Publications
Mill
Road,
Park
Ridge, New Jersey
07656
10
9 8 7
6
5 4 3 2
1
Library of
Congress
Cataloging-in-Publication Data
Cheremisinoff, Nicholas
P.
Ehvironmental
and
health
&
safety
management
:

a guide
to
compliance
/
by Nicholas
P.
Cheremisinoff and Madelyn
L.
Cnaffia.
p.
an.
Includes index.
1.
Environmental law United States.
2
Industrial safety Law
ISBN
0-8155-1390-9
and legislation United States.
3.
Industrial hygiene-law and
legislation United States.
I.
Graffia, Madelyn,
1962-
II.
Title
KF3775C47 1995
344.73'046 &20
[347.30446] 95-24875

CIP
To
the best
of
our knowledge the information in this pub-
lication is accurate; however, the Publisher does not assume
any responsibility or liability for the accuracy or completeness
of, or consequences arising from, such information. This book
is intended for informational purposes only. Mention
of
trade
names or commercial products does not constitute endorsement
or recommendation for use by the Publisher. Final determ-
ination of the suitability of any information or product for use
contemplated by any user, and the manner
of
that
use,
is
the
sole responsibility of the user.
We
recommend that anyone in-
tending to rely on any recommendation
of
materials or pro-
cedures mentioned in this publication should satisfy himself as
to such suitability, and that he
can
meet

all
applicable safety
and health standards.

Vlll
PREFACE
This volume has been prepared for the Environmental and Health
&
Safety Manager. The EH&S manager is a new breed of corporate
professionals that are faced with the responsibility of handling both
environmental policy/issues and occupational safety issues within
organizations. Throughout the
1980s
there was a proliferation of health
and safety departments, environmental compliance personnel, and
technical people associated with handling pollution control and waste
management. American industry has been over the last several years
contracting and downsizing their operations. In doing
so,
many
corporations, large and small, are demanding greater responsibilities be
delegated to middle and line function management. In this regard, many
corporations today are moving towards a single management entity, the
EH&S manager, who’s responsibilities require extensive knowledge of
both the environmental statutes and OSHA standards.
This desk reference has been written as a compliance source for the
EH&S manager. The authors prefer to call the EH&S manager an
Occupational Safety Professional and use this designation interchangeably
throughout the text. This individual, as stated above, has a dual
responsibility that requires both technical and managerial skills in two

arenas. In this regard, this book provides the working professional a
reference on both the environmental regulations and industry safety
standards. Additionally,
it
covers management practices for on-site
hazard materials handling operations and constitutes an important
reference for establishing hazard communication and training programs
for employees.
Nicholas P. Cheremisinoff
Madelyn
L.
Graffia
vii
CONTENTS
1
.
MANAGING THE ENVIRONMENTAL
REGULATIONS AND SAFETY

1
Introduction

1
Managing Federal Regulations and Toxic Substances

3
Occupational Safety Issues

4
Environmental Protection Issues

7
Regulations Affecting Chemical Manufacturing
andUse

10
Transportation of Hazardous Materials

13
Cleanup of Hazardous Wastes

14
The Need
for
Compliance

15
2
.
MANAGING FACILITIES. DUE DILIGENCE AND
FACILITY TRANSFERS
31
Regulatory Overview

31
Principle Federal Regulations

31
Objectives of Property Transaction-Environmental
Site Assessments

33
Laws
Directly Affecting Property Transfers

34
What
is
CERCLA.
SARA.
Superfund?

35
Overview

35
Comprehensive Environmental Response. Compensation.
State Superfund

36
and Liability Act

36
ix
x
Contents
Notification Requirements

38
What Happens if There

is
a Release?

38
What About Cleanup?

39
What Are Removal and Remedial Actions?

40
What
is
Remedial Action?

40
What Do Site Evaluation. Remedial Action Selection.
and Cleanup Standards Mean?

41
Where Does the Term "Superfund" Come From?

43
Who
Are Responsible Parties and What Are Their
Liabilities?

44
What Are the Liabilities
45
Lender Liability and the Security Interest

Exemption

46

47
What Are Defenses Against Liabilities?

50
Laws

51
Introduction

51

51
New York State Toxic Cleanup Law

53
The (New Jersey) Industrial Site Recovery Act
59
Summary of Federal Regulations

67
Introduction

67
SARA Title
111
67

70
The Lender Liability Rule
State "Superfund" Programs and Property Transfer
The New Jersey Spill Compensation and Control Act
The 'Super Lien" Laws

55
The Resource Conservation Recovery Act
A Comparison of RCRA and CERCLA

71
Underground Storage Tanks

72
Liability and Enforcement Actions Under RCRA
Act)

76
NPDES Permit for Storm Water Discharges

78

75
Clean Water Act (Federal Water Pollution Control
Industrial Storm Water Dischargers

80
Industry-Specific Minimum National Effluent
Standards

80

81

81
Publicly-Owned Treatment Works (POTWs)
ment Standards for Industrial Users of POTWs)
Asbestos Regulations

82
Setting)

87
Requirements for Indirect Discharges (National Pretreat-
Federal Regulations Controlling Asbestos (Non-School
Contents xi
Polychlorinated Biphenyls (PCBs)

89
EPA’s PCB Regulations

89
Radon

89
Toxic Substances Control Act

91
Federal Insecticide. Fungicide. and Rodenticide Act

92
Safe Drinking Water Act

92
Federal Clean Air Act

93
National Ambient Air Quality Standards

93
The Importance
of
Due Diligence Audits

95
Consultant
Issues
and Stafing Considerations

105
General Staffing Considerations

105
Aspects of Cost and Cost Control

109
Affect of Audit Types on Staffing Requirements

110

Contracting Issues

114
Consultant Liabilities

124
Introduction

124
Proposals

124
Elements of the Contract

125
Contract Issues
126
Report Preparation

127
Third Party Use Disclaimers
128
Contract Terminology

128
Hold Harmless and Indemnity Provisions

129
Warranties and Guarantees

129
Insurance

130
Liability

130
Damages

130
Exposure to Client and Third Party Claims

131
Liability for Breach of Contract

131
Liability for Breach of Warranty and Fraud

131
Liability for Negligent Acts or Omissions

132
Liability for Willful Misconduct

132
Extent of a Consultant’s Duty

132
Defining the Duty
133

Liability for Breach of Duty

133
Contract Negotiations

133
Insurance Industry’s Liability Issues

134
Introduction

134
Insurance Coverage Litigation

135
Insurance Coverage Issues

136
Pollution Exclusion

136
xii Contents
Expected and Intended Damages

138
Trigger of Coverage

139
Covered Damages

141
Duty to Defend

142
Multiple Occurrences

143
Care. Custody and Control Exclusion

144
3
. THE CHEMISTRY OF
HAZARDOUS
MATERIALS 145
Introduction

145
Chemical Properties and Characteristics

145
Corrosive Chemicals

152
Properties of Organic Chemicals

156
Flammables and the Chemistry of Fires

162
Water Reactive Chemicals

169
Substances That Produce Alkaline Aqueous Solutions
.
.
171
Substances That Produce Acidic Aqueous Solutions

171
Oxidation/Reduction Reactions

172
Poisons

173
Chemical Compatibility

175
Closure

177
4
.
SAFETY
MANAGEMENT PRACTICES FOR
LABORATORIES

183
Introduction

183
Review
of
Hazardous Materials Properties 184
Flammability

189
Reactivity
191
Flammable Solvents

191
Purchasing and Receiving Chemicals
192
Inventory and Control
196
Container Requirements

200
Separation. Segregation and Isolation
204
Safe Storage Methods

204
Housekeeping and Hazard Control

207
Ventilation

208

Hazard Warning Labels

208
Safe Handling Practices

209
General Safety Precautions

209
Responding to Spills

210
Contingency Plans
212
Personal Protection Equipment
214
Contents xiii
Handling Wastes

216
5
. RESOURCE CONSERVATION AND RECOVERY ACT
AND WASTE ANALYSIS PLANS

219
Introduction

219
Hazardous Waste Classification

220
Ignitability-EPA Hazardous Waste Number DO01
221
Corrosivity-EPA Hazardous Waste Number DO02
221
Reactivity-EPA Hazardous Waste Number DO03

222
EP Toxicity-EPA Hazardous Waste Numbers D004-
DO17

222
Hazardous Waste Generators

225
Waste Accumulation

227
RCRA Regulations Pertaining to Laboratories

229
Waste Determinations

231
The Waste Analysis Plan

235

6
.

HAZARD
COMMUNICATION 239
Introduction

239
Summary
of the Right-to-Know Law

240
Listing
of Hazardous Chemicals

241
Labeling Requirements

242
Training Workers

242
Elements
of
Right-to-Know Training

243
Labels and Labeling

245
Trade Secrets and Labels

246

What the Label Should
Look
Like

247
When Must Containers be Labeled?

247
Containers That Do Not Need to be Labeled

248
Products and Substances That Do Not Require
Special Circumstances

247
Additional Labeling

249
Understanding Hazardous Substance Fact Sheets
251
OSHA
200
Log
of
Injuries and Illnesses

253
Forms
of the Chemical

253
Signs and Symptoms
of Occupational Hazards

254
Common Methods Used to Recognize. Measure.
Evaluate. and Control Employee Exposure to
Hazardous Substances

256
Evaluation
of Hazard Seriousness

257
Toxicology
258
xiv
Contents
Dose-Response Relationships

258
Chemical Safety for General Service Workers
Measurement and Evaluation of Exposure

266
Industrial Hygiene Monitoring

266
Air Samples

266
Other Sampling Methods

267
Sampling Devices
267
Planning Sampling
268

260
Laboratories and Analytical Methods

268
Interpretation of Industrial Hygiene Monitoring

269
Prevention and Control of Exposure

273
What
is
Substitution?

273
What is Isolation?

274
Ventilation

274

Calculating Dilution Airflow

278
Administrative Measures

278
Job
Rotation vs . Frequent Breaks
278
Radiation Hazards

279
7
. PROCESS TECHNOLOGY SAFETY
AND
HAZARD ANALYSIS

283
Process Safety Information

283
Hazards
of Chemicals

284
Process Technology

289
Process Equipment

292
Recordkeeping
297
Process Hazard Analysis

298
Types of Analyses

299
Analysis Teams

302
Conducting
A
Process Hazard Analysis

303
Analysis Findings 304
Training

306
Pre-Startup Safety Reviews

307
Hazard Evaluation Techniques

308
The Need for Hazard Evaluation

310

Safety Review

314
Checklist Analysis

316
Relative Ranking

318
Preliminary Hazard Analysis

320
What-If Analysis

321
What-If/Checklist Analysis

322
Contents xv
Hazard and Operability Study

323
Failure Modes and Effects Analysis

326
Fault Tree Analysis

329
Event Tree Analysis

330
Cause-Consequence Analysis

331
Human Reliability Analysis

331
Technique Selection

332
8
.
HAZARDOUS WASTE TRANSPORTATION

337
Introduction

337
The Regulations
337
Transporter Requirements

340
Enforcement

345
Hazardous Waste Regulations

345
TSD Requirements

349
Transportation of Hazardous Waste Samples

350
Summary

351
9
.
TREATMENT. DISPOSAL AND WASTE MINIMIZA-
TION MANAGEMENT PRACTICES

353
Introduction

353
Regulatory Framework

353
Waste Minimization and Onsite Treatment

355
Commercial Facilities

357
Waste Minimization Practices

360
Waste Storage Practices

367
10
.
MANAGING UNDERGROUND STORAGE TANKS 369
Introduction

369
Measure to PreventDetect Releases

371
General Operating Requirements

372
Responses to Leaks or Spills

373
Closure and Postclosure Requirements

373
11
. FEDERAL INSECTICIDE. FUNGICIDE AND
RODENTICIDE ACT

387
Introduction

387
Pesticide Registration

388
Use
of Restricted Use Pesticides

389
Experimental Use Permits
389
Administrative Review; Suspension

389
xvi Contents
Registration
of
Establishments

390
Recordkeeping and Inspections

390
Trade Secrets 391
Other Major Issues
of
HFRA

391
Disposal. Storage. and Transportation

393
12
.

MANAGING WORKER PERSONAL PROTECTIVE
EQUIPMENT

397
Introduction

397
Developing A PPE Program

398
Program Review and Evaluation

399
Selection
of
Respiratory Equipment

400
Protection Factor

405
Self-contained Breathing Apparatus (SCBA)

406
Supplied-Air Respirators
(SARs)

409
Combination SCBNSAR

411
Air-Purifying Respirators

411
Selection of Protective Clothing

414
Selection of Chemical-Protective Clothing (CPC)
414
Permeation and Degradation
415
Heat Transfer Characteristics

425
Other Considerations

425
Special Conditions

426
Selection
of
Ensembles

426
Level of Protection

426
PPEUse

431
Training

432
Work Mission Duration

433
Air Supply Consumption

433
SuitEnsemble Permeation and Penetration
434
Ambient Temperature

434
Coolant Supply

435
Donning
an
Ensemble

436
Respirator Fit Testing

436
Doffing an Ensemble

439
Clothing Reuse

440
Inspection

441
Storage

445
Maintenance

445
Personal Use Factors
435
In-Use Monitoring

439
Contents xvii
Heat
Stress

446
Monitoring
447
Prevention

448
Other Factors

451
Physical Condition

452
Level
of
Acclimatization

452
Age

453
Gender

453
Weight

453
Closure

454
GLOSSARY
OF
EH&S
TERMS

455
ABBREVIATIONS
COMMONLY
USED
BY
EH&S

MANAGERS 489
INDEX

495
1
MANAGING THE ENVIRONMENTAL
REGULATIONS
AND
SAFETY
INTRODUCTION
Managing environmental and safety issues is challenging, time-
consuming, and expensive. Being responsible for these matters is more
than just saving money and protecting the company. The environmental
and health and safety (EH&S) manager must also protect him or herself
because the current laws make the individual personally liable for any
wrongdoing, even if there is no malicious intent.
Pollution control generally involves preventing the facility from
harming people or the environment and mitigating the effects of any
pollutant emissions. Harm to people or the environment is difficult to
prove
so
regulations are increasingly designed to eliminate
contamination. Effluent standards are based on health effects studies but
because of factors such as cancer’s long latency period, and the lack of
human exposure data, standards generally include a large safety factor.
The environmental manager must recognize that there is little margin for
error when it comes to contamination issues.
It is also important to recognize that erring on the side of safety is
usually the least expensive and most legally defensible position in the
long run. Taking that position can lead an organization or company to

more efficient use of raw materials, recycling, and other waste
minimization tactics. However, such a program requires balance. Risks
cannot be eliminated and too much error on the side of safety can result
in costly overkill. The safety manager is called upon to manage both
risk and resources.
Managing hazardous materials generally involves the following four
major issues: identification (air and water emissions, rinsewaters, spent
1
2
Environmental
and
Health
raw materials, etc.), storage and handling, disposal and shipping, and
recordkeeping. An industrial facility that does not have programs
addressing all four of these issues should essentially not be handling
hazardous materials.
The environmental and health-safety manager, referred to in this
textbook as an Occupational Safety Professional (OSP), must know what
his or her facility is purchasing, generating, storing, treating and
disposing of in order to effectively satisfy the "cradle to grave"
provisions of RCRA (Resource Conservation and Recovery Act). Good
recordkeeping and communication are essential to several key elements
of any pollution control and prevention program: emergency procedures,
contingency planning, and employee training. For example, if a caustic
line from a plating operation building breaks, how is the waste material
kept out of the storm sewer in order to prevent a NPDES (National
Pollutant Discharge Elimination System) violation and how large can the
spill be before it constitutes a reportable quantity (RQ) under CERCLA
(Comprehensive Environmental Response Compensation and Liability
Act)? Contingency plans must describe actions the facility will take to

minimize hazards in the event of a release and employees must be trained
to respond appropriately.
Well run organizations are those which have established formal
Safety and Hazardous Materials Management Programs. These programs
establish corporate policy, which addresses pertinent aspects of OSHA
(Occupational Safety and Health Act), TSCA (Toxic Substances Control
Act), CERCLA, SARA (Superfund Amendments and Reauthorization
Act), RCRA, the Hazardous Materials Transportation Act (HMTA), and
other applicable regulations. The need for an integrated program and
policy uniting everything from purchasing through use and disposal can
be demonstrated by considering what happens if a hazardous material is
purchased or generated without knowledge of the regulations. OSHA
regulations could be violated because precautions for employee exposure
are not taken, SARA could be violated because the requirement for
notification of the presence of listed material has not been met, and
RCRA regulations could be violated if waste from the material is not
stored or disposed of properly. There are also potential violations of
other acts such as the Clean Air Act and Clean Water Act.
The OSP must become integrated into all aspects of a facility's
operations. A properly informed OSP helps limit the amount of a
hazardous material stored onsite, monitors the use of the material
so that
Managing the Environmental Regulations and Safety
3
right-to-know regulations are not violated, and assesses the rate at which
a
waste is generated to minimize spill potential and storage and disposal
difficulties.
Disposal issues are increasingly important because federal regulations
are dynamic, or changing. Waste minimization requirements and the

land disposal ban are making waste production more expensive.
RCRA
requires that storage locations be specific. There must be spill
containment, supplies for cleanup, controlled access, and segregation of
incompatible materials. In addition,
RCRA
holds that a hazardous waste
storage data area cannot be subject to a 100-year flood. Both on-the-job
training and a written training program are necessary. Fines may result
if
the training is not properly documented and employees are not tested
for competency.
The
OSP
must also be concerned with problems of acquisition and
divestiture.
A
company cannot control pollution or its hazardous wastes
by selling contaminated properties or assets, however, it can certainly
add to its liabilities by purchasing contaminated property. Unfortunately,
many companies already own contaminated property with projected
remedial actions that may cost millions of dollars. The
OSP
may be
called upon to plan, negotiate, and manage these expensive, and
complicated hazardous waste cleanups. Too often, remedial action
contracts permit a consultant to design and build with little or no
oversight. If such contracts are not managed properly cost overruns and
disputes can be expected. Bidders must be prequalified. Contract
documents must be precise and accurate. There must be a management

plan that includes numerous inspections and thorough documentation.
There must also be emergency plans in the event that something goes
wrong such as a spill, a fire, or explosion.
MANAGING FEDERAL REGULATIONS
AND
TOXIC
SUBSTANCES
Toxic substances can create pervasive environmental and public health
problems. The sheer volume of toxic materials manufactured and the
many avenues of exposure (occupational, consumer use, and
environmental residues), greatly increase the unacceptable health and
environmental risks from many of these substances. Public policy has
traditionally been aimed at protecting the public from toxic substances.
4
Environmental and Health
For example, during the latter half of the nineteenth century, federal laws
were passed to prohibit the adulteration of patent medicines, to require
the contents of certain consumer products to be truthfully labeled, and to
regulate the transportation of explosives. While there were early
attempts at federal protection of the environment, it was not until the
1970s
that environmental protection became a priority. A labyrinth of
federal laws were enacted to control the public’s exposure to toxic
substances, thereby minimizing potential risks
to
public health and the
environment.
These federal statutes cover five broad areas:
(1)
occupational

protection statutes;
(2)
laws on transporting chemicals and hazardous
substances;
(3) chemical use and assessment laws;
(4)
environmental
protection statutes and
(5)
laws regulating cleanup of unintentional
disposal of chemicals. There are a number of federal statutes that
address toxic substances; however, the major laws are the:
Federal Food, Drug and Cosmetic Act (FFDCA)
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
Clean Air Act (CAA)
Clean Water Act (CWA)
Occupational Safety and Health Act (OSH Act)
Safe Drinking Water Act (SDWA)
Hazardous Materials Transportation Act (HMTA)
Toxic Substances Control Act (TSCA)
Resource Conservation and Recovery Act (RCRA)
Comprehensive Environmental Response, Compensation and Liability
Superfund Amendments and Reauthorization Act (SARA)
Act (CERCLA)
These laws and the broad areas they cover are summarized in Table
1
Occupational Safety Issues
The Occupational Safety and Health Act is the primary federal law
regulating toxic substances to protect workers in the workplace. The
federal law was passed as the result of increased public concern about

workplace hazards and the effects of exposure to hazardous chemicals.
Before passage of the law, worker safety was the responsibility of state
agencies and labor groups.
Federal safety requirements were confined
Managing the Environmental Regulations and Safety
5
to specific industries (e.g., mining, railroading, longshoring). The
Occupational Safety and Health Administration (OSHA) was established
within the Labor Department to administer the Act.
TABLE
1
AREAS OF CONCERN ADDRESSED BY FEDERAL
TOXIC
SUBSTANCES STATUTES
Area
of
Concern Federal Statute
Occupational Protection
0
Occupational Safety and Health Act
0
Superfund Amendments and
Reauthorization Act
Environmental Protection
0
Clean Air Act
0
Clean Water Act
Safe Drinking Water Act
0

Resource Conservation and Recdvery
Act
Chemical Manufacture Federal Food, Drug, and Cosmetic
and Use Act
Federal Insecticide, Fungicide, and
0
Toxic Substance Control Act
0
Superfund Amendments and
Rodenticide Act
Reauthorization Act
Act
.
Act
Cleanup Actions
0
Comprehensive Environmental
Response, Compensation, and
Liability Act (as amended by
SARA)
Transportat ion
0
Hazardous Materials Transportation
0
Resource Conservation and Recovery
6
Environmental
and
Health
The main provisions of the Act dealing with toxic substances include:

Establishing and enforcing standards to limit exposure to various
chemical substances that could induce acute or chronic health
effects.
Regulating substances that may cause cancer.
Informing employees of the dangers posed by toxics substances
through the use of Material Safety Data Sheets (MSDSs).
0
Requiring employers to maintain medical, training, and other
records to track the development and incidence of occupationally
induced disease.
OSHA has established standards for 22 toxic or hazardous substances
and 402 toxic air contaminants. In setting standards, OSHA evaluates
three types of health effects: acute (immediate), chronic (long-term), and
carcinogenicity (ability to cause cancer). Pursuant to the United States
Supreme Court ruling in Industrial Union Department. AFL-CIO vs.
American Petroleum Institute [448
US
607,
8
OSHC 1586 (1980)],
OSHA must show that a "significant risk" exists before it issues a health
standard. Also under the Supreme Court's ruling in American Textile
Manufacturers Institute vs. Donovan [452 US 490,9
OSHC
1913 (1981),
a standard must be feasible, i.e., must adequately assure that no
employee will suffer material impairment to their health to the extent that
this is "capable of being done." OSHA standards include a Permissible
Exposure Limit (PEL), labeling, protection equipment, control
procedures, and monitoring requirements.

SARA establishes specific training requirements, funds training
programs, and delegates responsibilities
to
OSHA and the National
Institute of Environmental Health Sciences. SARA requires 40 hours of
classroom and 24 hours of site specific training for nearly all workers on
hazardous waste site cleanups, at commercial hazardous waste treatment,
storage, and disposal facilities, and for industrial workers who will act
as hazardous materials first responders. OSHA has promulgated draft
regulations to cover the SARA training and working condition
requirements.
Managing the Environmental Regulations and Safety
7
Environmental
Protection
Issues
In the
1970s,
Congress passed several environmental protection statutes
beginning with the Clean Air Act and amendments to the Federal Water
Pollution Control Act (renamed the Clean Water Act). While most of
these initiatives were actually amendments to existing federal
environmental statutes dating back
70
years, the changes were so
extensive in both philosophy and scope that they are commonly thought
of as new laws. These laws focused primarily on cleaning up
"conventional" pollutants smoke and sulfur oxides in the air, oxygen-
depleting discharges into surface waters, and solid wastes into the land.
As the

1970s
ended, these laws began to focus on toxic substances that
could threaten human health at even low concentrations. These statutes
were amended, or new regulations and policies to handle toxics were
adopted by the administering agency.
Unlike the Occupational Safety and Health Act, environmental laws
address by-product discharges of toxic and hazardous substances that are
released into the environment. Standards to reduce risks to public health
are established in a similar manner to the OSH Act. All of the
environmental laws are administered by the United States Environmental
Protection Agency (EPA).
The Clean Air Act originally addressed smoky, dirty air that plagued
many industrial cities. It was subsequently amended to add provisions
about the effects of sources of pollution.
The
1977
amendments (PL
95-217)
focused the statute on toxic air
emissions. The Clean Air Act gives the EPA the responsibility to set
three different kinds of air standards:
1.
National Ambient Air Quality Standards (NAAQS) defining the
maximum concentration of air pollutants allowable.
2.
New Source Performance Standards (NSPS) establishing the
allowable emission levels for different stationary sources.
3.
National Emissions Standards for Hazardous Air Pollutants
(NESHAPS) setting emission limitations for which no ambient

air quality standards exist.
8
Environmental and Health
National Ambient Air Quality Standards authorized under
Section
109 include both primary and secondary standards. Primary
standards reflect the concentration level necessary to protect public
health. Secondary standards are designed to protect public welfare from
any known or anticipated adverse effect of air emissions on vegetation,
soil, water, wildlife, visibility, or climate.
The Clean Air Act established emission standards for specific air
pollutants that are particularly hazardous to health. Emission limits
based on the Best Available Control Technology (BACT) are imposed on
both existing and new sources. In setting hazardous air pollutant
standards, EPA must consider both the beneficial and adverse economic,
environmental and energy impacts associated with the standard.
The Clean Water Act (CWA) controls the discharge
of
toxic
discharges into surface streams. The first national effort to control water
pollutants was through the Rivers and Harbors Act, which prohibited
discharges into navigable waterways that could interfere with
transportation. Discharge permits, as part of the National Pollutant
Discharge Elimination System (NPDES), set enforceable limitations on
the types and quantities of pollutants which may be discharged.
The
1972 Act required the EPA to establish effluent standards for
toxic pollutants. EPA was slow to develop these standards and
environmental groups sued to force their promulgation. A consent
decree in the case of NRDC vs. Train

(8
ERC 2120, D.D.C., 1976)
imposed a schedule for the EPA to develop such effluent limitations.
The consent decree was subsequently adopted in the
1977 amendments
to the law.
The EPA is required to promulgate toxic discharge requirements for
34 industrial categories covering 129 toxic pollutants. The 129 toxics
include metals, volatile compounds, corrosives and pesticides.
Dischargers of these pollutants are required to use Best Available
Technology Economically Achievable (BATEA)
.
Toxic and hazardous wastes are generated primarily from industries
and farmlands. Industries discharging directly into surface streams are
regulated by a so-called NPDES permit. Discharges into municipal
sewer plants are required to meet pretreatment standards. Nonpoint
sources, such as farmlands, are controlled through the encouragement of
erosion control.
While the CWA focused on surface water quality, the Safe Drinking
Water Act (SDWA) was passed in
1975 (amended in 1986), to protect
Managing the Environmental Regulations and Safety
9
groundwater and drinking water sources. The law requires EPA to
establish recommended maximum contaminant goals (RMCG) for each
contaminant which may have an adverse effect on the health of an
individual. Two types of drinking water standards were established to
limit the amount of contamination that may be in drinking water:
primary standards with a maximum contaminant level (MCL) to protect
human health and secondary standards that involve the color, taste, smell

or other physical characteristics of drinking water sources. The SDWA
regulates
83
different contaminants, which include:
0
14 volatile organic compounds.
29 synthetic organic compounds.
0
13 inorganic chemicals.
4 microbiological contaminants.
0
2
radiological contaminants.
A second major provision of the SDWA for the purpose of protecting
groundwater is the regulation of underground injection of toxic
chemicals. Injection of liquid wastes into underground wells is used as
a means of disposal. Controls were needed to assure that this means of
disposal did not damage the quality of aquifers. Five classes of
underground injection wells were established. Class
IV
wells where
hazardous wastes are injected into or above a formation within one-
quarter mile of an underground source of drinking water were phased
out. Under the 1986 amendments, states adopted a program for wellhead
protection. A program addresses the surface and subsurface surrounding
a well or well field through which contaminants are reasonably likely to
move toward a well.
Perhaps one of the most controversial and sometimes misunderstood
environmental statute passed is the Resource Conservation and Recovery
Act

(RCRA).
RCRA completed the circle of environmental laws enacted
in the 1970s, focusing on the recycling and disposal of solid wastes. The
law is divided into eight subsections. The three subsections of primary
importance include provisions to regulate solid waste (Subtitle D),
hazardous waste (Subtitle C), and underground storage tanks (Subtitle
I).
The law originally was drafted as a solid waste recycling and disposal
law to eliminate open dumps, however, its implementation has focused
heavily
on
regulating hazardous wastes. In 1978, chemicals abandoned
at Love Canal in New York and Valley-of-the-Drums in Kentucky
10
Environmental and Health
received national attention. Studies during that timeframe suggested that
there may be an additional
50,000
similar abandoned hazardous waste
dumps around the country. The State of Illinois and environmental
groups sued EPA to issue final hazardous waste regulations (Illinois vs.
Costle,
12
ERC 1597 DC DC 1978). Congress appropriated increased
funding for regulatory programs. The regulations promulgated by the
EPA established, a cradle-to-nrave system
of
controlling hazardous
wastes, meaning that manifests for all hazardous wastes transported
offsite are required. Hazardous wastes are defined under the law as

those waste materials exhibiting certain characteristics (i.e., ignitability,
corrosivity, reactivity, and EP toxicity) or are specifically listed by EPA.
An exception to this is polychlorinated biphenyls which are regulated by
the Toxic Substances Control Act and are not defined under RCRA
as
a
hazardous waste. Standards have been promulgated to regulate the
generation, storage, transportation, treatment and disposal of hazardous
wastes. A major revision to RCRA came in the 1984 amendments,
where the owners of underground storage tanks containing petroleum
products and regulated substances were required to notify the states of
the existence, size, age, type, and uses of all underground tanks.
These
amendments also developed regulations concerning leak detection and
prevention, and corrective actions that are required in the event of a leak.
Regulations Affecting Chemical Manufacturing and Use
The general public often view environmental laws as having their focus
on the effects of toxic and hazardous substances being emitted into the
workplace and/or the environment at the point of manufacture.
However, both the public and the environment can also be exposed to
toxic substances during the use and application of chemicals.
To reduce
the risk of exposure through the use of a chemical, a number of federal
laws were enacted aimed at regulating what specific chemicals can be
manufactured and sold.
One of the earliest federal
legislation aimed at regulating the
manufacture of chemicals is the Federal Food. Drug
&
Cosmetic Act

JFFDCA). The Act provides the regulatory authority for the Food and
Drug Administration (FDA) to assure the safety
of
foods, drugs, medical
devices and cosmetics. Adulteration or misbranding of any of these
consumer products is strictly prohibited. The FDA establishes standards
that must be met by manufacturers before certain products may be sold.
Managing the Environmental Regulations and Safety
11
Premarketing clearances are based on scientific data submitted by
manufacturers to demonstrate that the proposed product will not have an
adverse effect on human health.
Major provisions of the law include the following:
0
The banning of the intentional addition of substances known to
cause cancer in animals to food products (the so-called Delaney
Clause).
0
The establishment of procedures for setting safety limits for
pesticide residues on raw agriculture products.
0
The required pre-use of safety assessments and approvals of all
food additives.
Another consumer-oriented federal legislation is the Federal
4,
which established
a regulatory program to control the manufacture and use of pesticides
and related products whose purpose is to kill, repel or control insects,
rodents, plants, trees, algae, fungi, bacteria, or other living organisms.
The first federal legislation to control chemical pesticides was passed in

1910.
Like the FFDCA, the early law was aimed against adulterating or
misbranding chemical pesticides to protect consumers against false
advertising. Increased awareness of the health and environmental risks
posed by new pesticides and by their persistent characteristics (e.g.,
DDD
&
DDT), prompted Congress to pass FIFRA. The chief thrust of
the law was to prevent unreasonably adverse effects on the environment
and public health. Under FIFRA, manufacturers must register all new
pesticides with EPA. The EPA sets tolerance levels for residues before
the substance can be used on food crops. EPA sets residue safety limits
for
raw
(unprocessed
)
meat and agricultural products, while the Food
and Drug Administration, under FFDCA, sets pesticide residue limits for
processed
foods. In considering registration of a pesticide, EPA must
evaluate not only its environmental effects, but also its economic, social
and health impacts. EPA may refuse to register pesticides judged unduly
hazardous, or they may impose use restrictions. All restrictions must be
printed on the label and enforcement action can be taken against pesticide
users who do not comply with the printed restrictions. EPA can
condition the registration for general use or restricted use, i.e., that the
pesticide may only be applied by trained and certified applicators. EPA
has the authority to cancel the registration of a pesticide deemed to pose
12
Environmental and Health

an unreasonable risk. When EPA determines that an unreasonable risk
exists, it issues a "rebuttable presumption against registration" (WAR),
and provides the opportunity for the registrant to provide evidence before
a final decision is made. Examples
of canceled registrations include
DDT, aldriddieldrin, 2,4,5-T/silvex, kepone, mirex, and ethylene
dibromide.
The Toxic Substances Control Act was designed to close all the
loopholes in the environmental protection and chemical manufacture and
use laws. It gives EPA broad authority to regulate chemical substances
without regard to specific use (e.g., food, drug cosmetic) or area of
application (e.g., food crops) if they present a hazard to health or the
environment. The law controls the chemical at its source before it is
distributed into the environment and public. Excluded from coverage
under TSCA are food, food additives, drugs, or cosmetics regulated
under the FFDCA; pesticides regulated under FIFRA; and nuclear
materials regulated by the Atomic Energy Act.
Other federal laws control the release of pollutants into the
environment or workplace. However,
it
is very difficult to monitor and
set emission standards on substances that only enter the environment
in
very small quantities. A need was seen to control some substances
before they are dispersed into the environment. Chlorofluorocarbons,
(CFC) used as a propellant in spray cans illustrate this need. When
released, CFCs are
so
stable that they do not react with anything until
they diffuse upward to the stratosphere. There they are decomposed by

ultraviolet radiation and enter into a chain reaction to destroy ozone
molecules. Ozone depletion enables more solar ultraviolet light to reach
the earth, thereby increasing the incidence of skin cancer as well as
influencing climatic changes. Since chlorofluorocarbons are not
classified as air pollutants and pose no hazard in the workplace, there
was for many years no means of regulating their use. The need to
control toxic substances at the point of manufacture was therefore
identified by congress in the passage of TSCA.
TSCA also specifically bans the manufacture of polychlorinated
biphenyls (PCB). In addition, chemical manufacturers and importers
must provide EPA with a Premanufacture Notice (PMN) which provides
available health and environmental effects data at least
90
days prior to
the manufacture and sale of any chemical. EPA can approve the
chemical, request further testing, condition the manufacture and sale of
the chemical, or prohibit its manufacture. The law is often thought of