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Iowa Waste Reduction Center

By Tom Junge, Iowa Field Director

     Many Iowa members have utilized the Iowa Waste Reduction Center (IWRC) located in Cedar Falls, Iowa, in the past. The IWRC was established under the Groundwater Protection Act of 1987 to provide assistance to Iowa small businesses with pollution prevention information and regulatory compliance solutions. The free, confidential and non-regulatory services provided by the IWRC enable Iowa small businesses to keep abreast of environmental requirements.

     Many Iowa members have utilized their on-site review. Since its inception in 1988, they have conducted over 2,461 multi-media on-site reviews in all 99 Iowa counties. As a result, the IWRC has become a national leader in small business environmental assistance.

     Besides the on-site reviews, they provide a few manuals that can be downloaded that may assist you. They are:

Vehicle Maintenance Manual - www.iwrc.org/pubs/vmm.pdf

     The vehicle maintenance manual addresses similar environmental issues that also face equipment dealers such as used oil, parts washing fluid, used antifreeze, waste water & sludge, refrigerants, painting, used batteries, aerosol cans and waste fuels. The manual also includes a list of equipment vendors, recyclers and labs.

Pollution Prevention Implementation Plans for Vehicle Maintenance -  www.iwrc.org/pubs/IPPIVehicle.pdf

Handbook of Environmental Regulations for Agribusiness - www.iwrc.org/download/AgHandbook.pdf

Adding a Filter to your Parts Washer-Handbook - www.iwrc.org/programs/PartsWashInstallSinglPg.pdf

     The website for the Iowa Waste Reduction Center is www.iwrc.org. Members may also contact RCI (Regulatory Consultants, Inc), our endorsed provider for regulatory services. RCI not only addresses EPA issues, but OSHA and DOT issues as well. To reach their Iowa representative, contact the Association office.

SPCC Still in Effect – December 2005

It is RCI’s responsibility, as your compliance consultant to help you, our valued customer to understand that postponing SPCC compliance may open your business up to citations. 

On December 2, 2005 - EPA posted on their website http://www.epa.gov/oilspill/index.htm, proposed amendments to the SPCC Rule. Remember, a proposal is not law and EPA enforcement personnel are required to follow current law until a new or amended law is passed.

There has been information released by various groups and associations encouraging you to put your SPCC plans on hold. This has caused some confusion and misinformation, so RCI wants to help you understand your liability.

SPCC enforcement for Region VII EPA tells RCI that a “proposed amendment” changes nothing - EPA will continue to enforce the existing 2002 regulation as far as inspections and penalties for non-compliance.

If you have a fuel spill or leak at your facility OR if you have had a fuel leak or spill in the last 10 years at your facility, some of these exemptions may not apply to your business.

Summary of Proposed Amendments:

·         A facility in operation on or before August 16, 2002 must amend and implement their SPCC plan on or before October 31, 2007.

o        RCI says: Regardless of the proposed extension, facilities in operation on or before 8/16/02 must have a plan now.

·         A facility that begins operation after August 16, 2002 will have to prepare and implement an SPCC Plan on or before October 31, 2007.

o        RCI says: Facilities should consider preparing their written SPCC plan prior to beginning operation, so all oil storage issues can all be addressed before construction of a new facility or operation of an existing facility begins.

·         An option for facilities that store less than 10,000 gallons of oil and have not had a discharge in the last 10 years, may self-certify their SPCC Plan, in lieu of review and certification by a Professional Engineer;

o        RCI says: Facilities choosing to self-certify their SPCC Plans may not deviate from any requirements of the SPCC rule; those choosing a P.E. certification get confirmation that your plan is accurate.

·         An alternative to the secondary containment requirement, without requiring a determination of impracticability, for facilities that have certain types of oil-filled operational equipment

o        RCI says: For instance, if a large piece of equipment that has a large or multiple fuel and oil tanks used only to operate the equipment and no reported leak or discharge in the last 10 years, may have an inspection, maintenance and contingency plan for leaks and spills in lieu of a secondary containment area.

·         A definition and an exemption for motive power containers; and

·         An exemption for airport mobile refuelers from the specifically sized secondary containment requirements for bulk storage containers.

If you have a written SPCC plan with an outline of implementation for compliance by a certified Professional Engineer, you are in good position with EPA enforcement.

If you were to discover a leaking fuel tank today, and your P.E. certified SPCC plan is in place with plans for impermeable secondary containment, you are in pretty good position with EPA enforcement. Although, you have cleanup costs.

If you were to discover a leaking fuel tank today, and your P.E. certified SPCC plan is in place and your impermeable secondary containment is in place, you are in the best position with EPA enforcement. Plus you have minimal cleanup costs.

Alan Hancock with Region VII EPA says you can call him at 913-551-7647 if you have questions.

Regulatory Consultants, Inc, 140 West 8^th Street, Horton, Kansas 66439
Phone: 800-888-9596, www.rci-safety.com, Fax: 785-486-3778

Proper Disposal of Battery Acid Drums

     Recently, a major manufacturer notified members that it would no longer accept 55-gallon plastic battery acid drums for reuse.  How do you safely dispose of these containers?  According to Joey Barnes of Regulatory Consultants, Inc., you have three options:

1. Neutralize the acid with baking soda, and triple rinse. The containers can be given away, possibly sent to a recycling center, disposed of in the trash (landfill), or used as trashcans. If you do this, first add the baking soda to water, and then add this solution to the residual acid. You may get a violent reaction otherwise. Don’t forget to wear your PPE. The acid is supposed to be neutralized to a pH between 6 to 9.

2. Have Safety Clean or equivalent come and pick it up. While this is the most expensive alternative, if they’re already at your business to recycle solvent, the cost may be marginal.

Take the drums to a Regional Collection Center (RCC). RCC gives the public and small businesses a way to safely dispose of hazardous waste for a small fee.

In Iowa, go to http://www.ipm.iastate.edu/ipm/icm/2000/11-20-2000/regcenters.html to find the RCC nearest you.

In Nebraska, visit www.deq.state.ne.us, go down the middle of the page under “Publications” and click on “Recycling Directory.”

SPCC Extension is Official

     As published in the Federal Register (August 11, 2004), an 18-month extension was granted to the July 2002 amendments to the Spill Prevention, Control and Countermeasure (SPCC) rule and is in effect immediately.

     This extension will give NAEDA and other interested parties time to work with the EPA to possibly lessen or remove some of the more onerous requirements in the SPCC amendments, such as secondary containment for tractors and other equipment.  However, even with this amendment deadline being extended, this latest action does not change the original rule dating back to the 1970s, which is and has been in effect.  Therefore, any aboveground or bunkered petroleum tank(s) with a capacity greater than 660 gallons must be included in SPCC plans to control potential spills and create an impermeable secondary containment around the tank(s).

     A recent interpretation of this older regulation broadens the scope of who must comply with the regulation.  Now many industries, such as equipment dealers, farmers, auto dealerships and quick lube businesses, are considered by the EPA to be regulated by this rule and must come into compliance unless these businesses have tanks that fall below the 660-gallon threshold.

     The deadline extension for the July 2002 amendments (quoted from the Federal Register) is as follows:

     “Thus, ... a facility that: (1) Was in operation on or before August 16, 2002, must maintain its Plan, but must amend it, if necessary to ensure compliance, on or before February 17, 2006, and must implement the amended Plan as soon as possible, but not later than August 18, 2006; (2) becomes operational after August 16, 2002, through August 18, 2006, and could reasonably be expected to have a discharge as described in 40 CFR 112.1(b), must prepare a Plan on or before August 18, 2006, and fully implement it as soon as possible but not later than August 18, 2006; and (3) become operational after August 18, 2006, and could reasonably be expected to have a discharge as described in 40 CFR 112.1(b), must prepare and implement a Plan I before it begins operations.”

Source:  NAEDA Update, August 20, 2004

     Now is the time to comply with the Spill Prevention Control and Countermeasure (SPCC) regulation.  There is talk of extending the deadline for compliance of the new parts of the SPCC to August 17, 2005.  However, EPA is out inspecting facilities that should be complying with the existing SPCC rules right now.  EPA is not going to delay inspections until August 2005.

     SPCC is not a new regulation – the EPA has made slight changes and additions to the rule, which makes the rule more specific.  Language has changed from “should” to “must,” the term “navigable waters” is now more inclusive, more types of oils are specified, and tank integrity testing has been added.

     If you have any kind of oil stored in aboveground containers of 55 gallons or larger up to 1,320 gallons on one contiguous site, you must have an SPCC plan in place.  The EPA bases the calculation on the actual container size and number of containers, not on how much you keep in the container.  So, if you have a tank or container that has a capacity of 2,000 gallons, they will consider that you have 2,000 gallons of product even if you only normally keep 500 gallons in the container.

     Oil can be any kind and in any form such as crude oil; refined petroleum products; sludge; waste oil; oil emulsions; grease; fats, oils or greases from animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and other oils and greases, including synthetic oils and mineral oils.

     What are fines for non-compliance?   Fines may start at $1,000 for not having an SPCC plan in place and can go up to $35,000 per day!

     There is a new twist to EPA’s regulated laws.  The inspectors who come to your facility for a particular purpose are now armed with a “checklist” and they have the authority to ask about other EPA regulations that may pertain to your business – they call it “multi-media.”  This may be a regional EPA inspector or a state environment agency inspector.  So, not only is it necessary to have your SPCC Plan up to speed, but you should also be prepared to share any other EPA regulated information with the inspector.  This may include:

• Tier II Report (annual chemical inventory reporting)

• Risk Management Plan (RMP) – mostly for bulk storage of extremely hazardous substances such as anhydrous ammonia

• A record of Tank Integrity Testing of aboveground fuel tanks – must be conducted typically once every 5 to 10 years by a Steel Tank Institute certified inspector 

• Washbay runoff and containment

• Stormwater Pollution Prevention Plans

• NPDES Permitting

Regulatory Consultants, Inc. Can Help

     RCI SPCC Program:  RCI has developed an SPCC program that meets the latest federal requirements, provides technical support and is accessible online.  It includes the following:

• Online SPCC program

• Onsite inspection

• P.E.  certification

• Map drafting

• Toll-free technical support and guidance

• A sample plan and instructions are included to help you complete the online portion.

If you have any questions, please do not hesitate and call RCI at 800-888-9596.

Recent Lawsuit Settlement Changes

     The Petroleum Marketers Association of America (PMAA) settled a lawsuit challenging EPA’s July 2002 SPCC regulations.  Summary of the settlement:

1. Shop-built tanks 30,000 gallons and less may not require integrity testing if all four sides of the tank are visible and can visually be inspected.

2. Load Pad containment requirements may only apply to facilities with loading racks.

3. Cost may be considered but not as the only consideration.  Secondary containment is top priority of EPA, facilities must demonstrate best efforts in attempting to provide containment.

4. May not require fencing of the entire facility.  Engineers can determine areas needing fencing to prevent spills as a result of vandalism.

5. Navigable waters definition was given an expanded definition bringing in more facilities that need to comply.

     Call RCI at 800-888-9596 for more information.

Spill Prevention Control and Countermeasure (SPCC) Fact Sheet
Regulatory Consultants, Inc.

Spill Prevention Control and Countermeasure (SPCC) Plans were enacted on January 10, 1974 under EPA’s Clean Water Act and revised July 17, 2002. The SPCC rules require facilities that store oil to prepare a written plan, train personnel, and conduct periodic inspections. The plan must be certified by a Professional Engineer (P.E.). There has been recent Region 7 activity to make sure facilities have SPCC Plans in place (we have heard 100 in Iowa).  RCI offers development of new plans and review of existing plans.

Who must have a plan? Any business that has bulk oil with an aggregate aboveground storage capacity of 1,320 gallons of oil or more per location must have a plan. The key word is “capacity”. Regulations apply regardless of whether the tank(s) is full or nearly empty. This regulation does not apply to facilities with underground storage tanks subject to state UST regulations.

What is bulk oil storage? Bulk storage is any container with a capacity of 55 gallons or more.

What’s the definition of oil? Oil of any kind or in any form such as crude oil, refined petroleum products, sludge, waste oil, emulsions, grease, synthetic oils, crop oil, vegetable oil, mineral oil, animal fat, and fish oil to name a few.

What is in the plan? There are several elements to a written SPCC plan including:

• Procedures the facility implements to prevent oil spills

• Control measures to prevent a spill from entering a stream, ditch, storm or sanitary sewer, pond, river or wetlands

• Countermeasures to contain, cleanup, and mitigate the effects of an oil spill

• Spill predictions

• Facility drainage

• Site security

• Secondary containment or diversionary structures

• Loading/unloading containment for tank cars and tank trucks

• Training and spill briefing

Where is the plan submitted? A written plan must be completed then certified by a Professional Engineer (P.E.). It is not to be submitted to any agency, but rather must be kept on file at each affected location. The plan must be made available to any EPA representative who requests to review the plan. 

When is the deadline? The original deadline was January 10, 1974, but there has never been much in the way of enforcement activity - - - until now. Businesses must revise existing SPCC plans by August 17, 2004 to meet new requirements and implement the revisions by February 17, 2005. Businesses handling non-petroleum based oils must prepare and implement SPCC plans by these same dates.  New facilities built after February 17, 2005 must prepare and implement SPCC plans before beginning operation.

Why is it necessary? First, it’s the law! Second, it’s a way to protect your business by showing EPA the types of oil you have on site, where they are located, how you plan to contain it if it spills, and which way your facility drains. You must show how none of the oil stored on your site will reach U.S. waterways, whether it be a river, stream, ditch, sewer drain, etc. EPA has recently become pro-active on SPCC plans and has made a commitment to make sure businesses are addressing on-site oil storage. Some lines of insurance require a company’s SPCC plan to be in place before coverage will be issued.

If I have secondary containment around all my bulk oil storage, do I still have to have an SPCC plan? YES. That is just one part of your plan. 

Do I have to have secondary containment around my bulk storage tanks? YES. The secondary containment must hold the contents of the largest tank plus another 10% for precipitation. If you have double-walled storage tanks no further secondary containment is required.

Do I have to have containment where we load or unload from trucks? YES. 

Most likely this will require a secondary containment structure (load pad, dike, curbs, berms, catch basin, etc.). It must be able to hold a maximum capacity of any single tanker compartment. In some circumstances oil sorbent material such as booms, pillows, or granular material may be used as containment.

What kind of training do I give my employees and how often?  Training is necessary only for oil-handling employees.  Personnel must be instructed on proper operation and maintenance of bulk oil facility to prevent spills and proper response to control, contain and clean up a spill should one occur. Businesses must conduct discharge prevention briefings for oil handling personnel at least once a year to assure adequate understanding of the SPCC Plan.

What kind of inspections are involved? A monthly facility inspection must be conducted to check tanks and dikes. Tank integrity testing must be conducted typically once every 5 to 10 years.

What kind of record keeping is involved? Records of inspections and employee training must be kept on file for 3 years. The plan must always be kept on file at the facility.

How often must the plan be reviewed? The SPCC plan must be reviewed and certified by a P.E. every 5 years.

You can speak with Joey, RCI’s Registered P.E. for answers to SPCC questions at 800-888-9596.

Septic Systems, Leach Fields, and Cesspools Subject to Strict Discharge Requirements

If you dispose of any fluids other than sanitary wastewater into a septic tank, leach field, dry well, pit, catch basin, or cesspool, you may be in violation of the Safe Drinking Water Act (SDWA). Sanitary wastewater includes wastewater from bathroom facilities, hand washing, showers, drinking water fountains, and food preparation.

Wastewater other than sanitary wastewater includes: fluids generated in automotive repair shops such as gasoline, diesel fuel, waste oil, antifreeze, degreasers, and other automotive wastes; wastewater from car washes; and agricultural and storm water run off. These wastewater streams typically contain hazardous chemicals such as heavy metals, pesticides, industrial detergents, and other harmful compounds. Because disposal of these and other wastes can contaminate ground water, the disposal of these compounds into any underground, shallow disposal system remains strictly prohibited under both the SDWA and the Resource Conservation and Recovery Act (RCRA).

Class V Wells

These shallow disposal systems are considered by EPA to be underground injection wells. Basically, injection wells are man-made or improved ‘holes’ in the ground, which are used to discharge or dispose of fluids underground. The federal Underground Injection Control (UIC) program classifies septic systems and the like as Class V injection wells. Class V wells typically are associated with facilities located in rural and unsewered areas where people depend on ground water for their drinking water supply. Their simple construction provides little or no protection against possible ground water contamination, so it’s important to control what goes into them. The UIC program protects ground water supplies by establishing regulatory programs that restrict the discharge of wastes that may contaminate your drinking water.

Process Water Discharges

It doesn’t take much to contaminate ground water resources; review your operation carefully to determine whether you are discharging any potentially harmful chemicals to a septic system, or other shallow disposal system. Water that has (or may have) come into contact with hazardous substances such as automotive wastes, agricultural chemicals, detergents, or other chemicals is called process water. Process water results from many standard practices.

For example, a typical drain setup in a shop includes a trench drain about a foot deep that runs the length of the shop area. The trench is topped by a steel grate that allows liquids and some solids (such as dirt knocked-off equipment and vehicles) to pass through the grate into the trench. The trench contains an overflow pipe about four inches from the top of the trench. If it gets full, the liquid drains through the overflow pipe into the septic system. Does this describe your setup? If so, it also describes a prohibited process water discharge.

Another common process water discharge is water from a vehicle and equipment washing operation. The following wash water discharges are prohibited:

discharge to a septic system;

discharge directly to a storm sewer; and

discharge directly to the environment if allowed to run off the wash pad.

This type of wastewater (process water) can be discharged only to a separate sanitary sewer, not to a septic system or a storm sewer.

Even oil spills on the shop floor will eventually end up in your septic system when you wash down the floor during routine cleaning.

If you operate a service business disposing of wastes in this manner, you must discontinue your current method of disposal. Contact the appropriate state agency or regional EPA office and stop discharging immediately.

Managing Process Water Discharges

Make your facility a ‘zero discharge’ shop. Evaluate your discharge to the septic system and make sure the system receives only sanitary wastewater. The suggestions that follow detail just some of the operational changes that will help assure that no hazardous chemicals are discharged to your septic system.

Hook up to the city’s sanitary sewer line, and take your septic system completely out of service.

Plug the overflow pipe in your trench drain. Minimize the amount of water that drains to the trench by washing vehicles at a commercial carwash as often as possible.

Hire a contractor to pump out the trench when it gets full, and dispose of the fluid and solids off site.

Collect all petroleum-based fluids for off-site disposal or recycling.

If you operate an exterior wash bay that discharges to the septic system, storm sewer, or directly to the environment, add diversion curbing that directs the wastewater to an inground sump that holds liquids and solids for later disposal. Hire a contractor to pump out the sump when it gets full, and dispose of the fluids and solids off site.

Use only a parts washer to clean and degrease parts, never the shop sink.

Post a conspicuous sign over the shop sink reminding employees not to dump any chemicals down the sink. Provide waterless hand cleaner and plenty of shop rags for hand cleaning.

Promptly clean up oil spills with plenty of floor sweep, to prevent oil from contaminating water used to wash down the shop floor.

EPA Requirements

Any septic tank, leach field, cesspool or other shallow disposal system that receives a service-related process water discharge from commercial or industrial operations, or that services more than 10 persons per day, meets EPA’s definition of a Class V injection well.

Operators of Class V wells must provide inventory information to their regional EPA office. Class V wells located in a ‘source water protection area’ must be either:

Closed in compliance with applicable state and federal requirements.

Waived from closure requirements by obtaining an EPA permit. Compliance with the permit will require periodic testing and compliance with established and restrictive wastewater contaminant limits.

EPA Introduces Headliners Website

Staying on top of the latest developments in the environmental policy and regulatory arena is an on going challenge. The Headliners website is now available to better keep you informed of major compliance and enforcement initiatives in EPA Region 7 and at the national level.

The Headliners website highlights issues of particular interest to industry, small businesses, law firms, consultants, state and local agencies, environmental groups, and the public at large.

EPA Region 7 website: www.epa.gov/region07

Is Your Dealership Going Down the Wrong Drain?
By Terry McConnell, Association Services Director

Recently, an Environmental Protection Agency (EPA) representative met with I-NEDA management to discuss underground injection control wells. The goal of this meeting was to raise public awareness and to relay enforcement action on various types of Class V underground injection control wells, as well as the possible contamination of underground water resources.

Since 1988, approximately 1,300 businesses have registered their waste systems with the EPA, which estimates that 10,000 systems exist. If your dealership employs 20 or more individuals and you have at least a 1,000 gallon septic system, be prepared - you may receive a visit from an EPA representative.

How do you know if your dealership uses a Class V disposal well? First, if your dealership generates waste fluids and is not connected to a municipal sewer, find out where your liquid waste goes. Second, if the waste goes into an on-site system, leach bed, cesspool, dry well, drainage hole or pit, you have a Class V disposal well and your drinking water supply could be in danger of being contaminated.

The EPA recently cited an Iowa dealership for equipment sitting on the property. While the dealer’s waste fluid disposal system had been properly registered, the wash pit and outside equipment were in violation. Remember, even equipment sitting idle can leak fluids that could filter down through the soil and leach into a possible tile line, carrying the fluids into a creek and eventually into someone’s drinking supply.

If you have concerns about the status of your own waste fluid disposal system, call: the Iowa Waste Reduction Center at 1-800-422-3109 (in Iowa); Dave Heitmann at the Department of Environmental Quality at 402-471-0096 (in Nebraska); or RCI or me at the Association office for the "EPA Hotline" numbers.

Don't Wait Until 1998 Plan Now To Comply With Protection Procedures For Underground Storage Tanks

 A hidden and potentially costly danger may lurk at your dealership - unprotected underground storage tanks (USTs) storing petroleum. These tank systems may leak and contaminate the surrounding environment and endanger human health.

Facilities are likely to have a variety of underground storage tanks storing petroleum products. Most often the USTs store fuel to power your vehicles and equipment. They also include USTs storing used oil and those that fuel emergency power generators. The term UST includes the tank and its associated piping.

Even though you may not sell petroleum products, you may rely on your own supply of gasoline or diesel fuel. For example, you may fuel your own vehicles and equipment. You may also have underground storage tanks holding either used oil or fuel used to run emergency power generators.

If you store petroleum in underground storage tanks, you need to take timely action to make sure you are in full compliance with UST requirements.

Federal and state UST requirements not only protect the environment and human health, they can protect your assets. Cleaning up contaminated sites can be very costly, especially if groundwater has been affected. Some cleanups have exceeded $1 million. Liability costs can be equally high. Protect your interest by knowing what the UST requirements are and what actions you can take..

As an UST owner or operator, it is your legal responsibility to comply with all federal and state requirements for proper UST management and clean up. Your USTs do not need to meet federal UST requirements if they are:

• storing heating oil used on the premises where it is stored

• 1,100 gallons or less capacity holding motor fuel used for non-commercial purposes on farms

• on or above the floor of underground areas such as basements or tunnels

• tanks of 110 gallons or smaller.

By complying with these requirements, you are assured that your USTs are properly equipped, monitored, and maintained to avoid costly contamination of the environment. Federal law requires that:

• USTs installed after December 1988 need to meet standards for spill, overfill, and corrosion protection when they are installed.

• USTs installed before December 1988 must meet standards for spill, overfill, and corrosion protection by December 1998. If not, these USTs must be replaced or properly closed.

In addition, all federally regulated USTs need to comply with existing requirements for notification, release detection, corrective action, and financial responsibility.

The EPA has prepared several easy-to-read booklets that explain about the UST requirements. To order these free publications or obtain more information about UST requirements, call the EPA's toll free Hotline at 800-424-9346, or call your state office. In Iowa, contact the Iowa Department of Natural Resources at (515) 281-8135. In Nebraska, call the Nebraska State Fire Marshal Flammable Liquid Storage Department at (402) 471-9465.

OPE Dealers and the Clean Air Act

by Norman Beck, Consultant, NAEDA OPE Dealer Council

Courtesy of OPE Dealer Council News

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This site created by Bob Robeson, Southwestern Association & tomj@ineda.com
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This page revised 10/05/07